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HomeMy WebLinkAbout102014CITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF OCTOBER 20, 2014 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on October 20, 2014 in the Council Chambers at 540 Water Street. Mayor David King called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Pamela Adams, Robert Gray, David King, Kris Nelson, Catharine Robinson, Michelle Sandoval, and Deborah Stinson. Staff members present were City Manager David Timmons, City Attorney Steve Gross, Public Works Director Ken Clow, Finance Director Nora Mitchell, Police Chief Conner Daily, and City Clerk Joanna Sanders . There were none. There were none. CHANGES TO THE AGENDA COMMENTS FROM THE PUBLIC CONSENT AGENDA Approval of Bills, Claims and Warrants Vouchers 124551 and 124600 through 124711 and Electronic Funds Transfers in the amount of $560,820.66. Approval of Minutes: October 6, 2014 Appointment of Sally Chapin to the Non -Motorized Transportation Advisory Board (Position 1, Term Expires May 31, 2017) Motion: Deborah Stinson moved to approve the consent agenda as written. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. City Council Business Meeting October 20, 2014 Page 1 of 7 PUBLIC HEARING Resolution 14-055 Related to the Visitor's Information Center, Authorizing the Sale of the Modular Structure to the Jefferson Transit Authority and the Renegotiation of Related Agreements Mayor King read the rules of procedure for the public hearing. Ms. Robinson and Mr. Gray disclosed that as Jefferson Transit Advisory Board members they would recuse themselves from the discussion and decision on this matter. City Manager David Timmons briefed Council on the potential relocation of the Visitor Center from the Park and Ride at Haines Place to a new potential location at the Northwinds Art Gallery space. The current building would be sold to Jefferson Transit. During Council discussion, Staff responded to a question about resolution language and about Visitor Center operations. There was concern that visitors would be less likely to park their cars and use Transit without the connection to the Park and Ride facility. Mr. Timmons and Ms. Sandoval, Chair of the Lodging Tax Advisory Committee, talked about the many benefits of the new location. Public Comment: Steve Oakford spoke in support of this surplus and to Jefferson Transit having a customer service office at the current location. The Mayor closed the public hearing. Motion. Michelle Sandoval moved to approve Resolution 14-055 Related to the Visitor's Information Center, Authorizing the Sale of the Modular Structure to the Jefferson Transit Authority and the Renegotiation of Related Agreements. Deborah Stinson seconded. Vote: motion carried unanimously, 5-0 by voice vote. UNFINISHED BUSINESS Ordinance 3113 Providing for the Submission to the Voters of the City at a Special Election to be Held on February 10, 2015, of a Proposition Authorizing the City to Issue its General Obligation Bonds for Improvements to Mountain View Commons and to Repay any Interim Financing, in the Principal Amount of no more than $[3,600,000] Payable in Whole or in Part by Annual Property Tax Levies to be made in Excess of Regular Property Tax Levies, and to Levy those Excess Property Taxes City Council Business Meeting October 20, 2014 Page 2 of 7 Mr. Timmons gave the staff report on the ordinance for a ballot measure asking for voter approval of a $3,600,000 bond for MountainView improvements. He explained improvements to the existing facility with a levy of $0.13 per $1,000 assessed value with a 15 -year term to begin in 2016. He reported having met with the County assessor about levying the full amount of $0.24, but the resolution passed at the last meeting states it is Council's intent not to exceed a $0.13 levy and to seek funding from other sources. Mr. Timmons addressed Council's questions. If the City were unable to reach an agreement with the YMCA, the City would continue to pursue the repairs with alternate funding. He explained the advantage to voter approved bonds over a Councilmanic bond. He also responded to a question about the status of US Postal Office as a capital project. When asked what can Council do to promote the measure, Mr. Gross indicated that Council could pass a resolution in support and prepare Frequently Asked Question sheets. Mr. Timmons said he hopes a draft agreement with the YMCA could be brought forward to Council. During Council discussion, there was concern that the City did not solicit public comment through a town meeting before making this decision. It was noted that an open house was held previously and information was collected by Jefferson Community School. It was pointed out that the City would have difficulty holding an event now that is neutral on the measure. City facilities should not be used to promote or speak in support or opposition of the measure. There were several comments in support of the ballot measure and for getting additional factual information out to the public about the history of the pool. There were also positive remarks about co -locating the police department with other non -profits, radio station and community/social services effectively utilizing an otherwise vacant facility. Mr. Timmons noted the facility and uses are being adapted to be able to respond during a disaster if needed. The City's project provides the infrastructure, the YMCA programs are separate from the City. Public Comment: Steve Oakford spoke in support of this ordinance and to improvements at Mountain View. Teresa Hoffman spoke in support of improvements at Mountain View Commons and to the public/private partnership model. She also urged there to be an awareness of the impact to existing businesses providing the same services. Motion: Catharine Robinson moved to approve Ordinance 3113 Providing for the Submission to the Voters of the City at a Special Election to be Held on February 10, 2015, of a Proposition Authorizing the City to Issue its General Obligation Bonds for Improvements to Mountain View Commons and to Repay any Interim Financing, in the Principal Amount of no more than $[3,600, 000] Payable in Whole or in Part by Annual Property Tax Levies to City Council Business Meeting October 20, 2014 Page 3 of 7 be made in Excess of Regular Property Tax Levies, and to Levy those Excess Property Taxes. Michelle Sandoval seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3117 Revising Port Townsend Municipal Code Chapter 13.03, System Development Charges for Water and Sewer Connections and Amending the Rates, Clarifying when Charges are Due and Payable Mr. Timmons noted that this matter is before Council for second reading and adoption. He gave the staff report, noting this would amend the rates and clarify when System Development Charge were due and payable. He then explained when newly developed properties would be impacted. There was a Council comment in favor of making alternate payment options available. Public Comment: None. Motion: Deborah Stinson moved to approve Ordinance 3117 Revising Port Townsend Municipal Code Chapter 13.03, System Development Charges for Water and Sewer Connections and Amending the Rates, Clarifying when Charges are Due and Payable. Robert Gray seconded. Vote. motion carried unanimously, 7-0 by voice vote. NEW BUSINESS Resolution 14-056 Adopting Standards for Indigent Defense City Attorney Steve Gross explained that this resolution is presented as a housekeeping measure to meet the requirement for the City to adopt standards for the delivery of public defense services. Although the City contracts with Jefferson County for municipal court services, the City must formally adopt the standards. Public Comment: None. Motion: Catharine Robinson moved to approve Resolution 14-056 Adopting Standards for Indigent Defense. Robert Gray seconded. Vote. motion carried unanimously, 7-0 by voice vote. Ordinance 3118 Amending Port Townsend Municipal Code Chapter 8.04 Animal Control to Establish Policies and Procedures Related to Potentially Dangerous Dogs and Establish an Appeal Process for Dangerous Dog Determinations, and Chapter 9.02 Criminal Code to Adopt or Revise Penalties for Failure to Control an Animal Police Chief Conner Daily reported that since 2012, the Police Department has been enforcing animal ordinances. Prior to that time, the City contracted with Jefferson County to provide services within the City City Council Business Meeting October 20, 2014 Page 4 of 7 limits. Currently, the City does not have updated provisions in our Municipal Code to address due process for dangerous dogs. City Attorney Steve Gross explained that current City law provides a process for regulating dangerous dogs under state law. However, the state statute does not provide for regulation of "potentially dangerous" dogs, leaving that to purely local control. Under state and City law, a dog is "dangerous" if it inflicts severe injury on a human, or kills a domestic animal. A dog is "potentially dangerous" if it bites a human or domestic animal. Before the City can declare a dog to be either dangerous or potentially dangerous, it must provide the property owner due process — notice, and an opportunity to be heard. This ordinance establishes such a process. Additionally, for potentially dangerous dogs, the second part of this ordinance establishes the crime of negligent control of an animal as a misdemeanor offense. Some discussion ensued about amending 8.04.276 and 9.02.165. Mr. Gross then responded to the proposed changes. There was concern about amending 9.02.165 because it describes specific behaviors thereby providing better guidance to officers. There was some support for adding to 8.04.270 (A)1 to read "the written complaint of a citizen that sets forth the facts on which a complaint is made." The ordinance would be brought back for second reading. Mr. Timmons spoke in favor of providing due process and giving the police proper tools to respond. Public Comment: Leonard Zweig spoke in support of this ordinance and reviewed his personal experiences with an attack to his dog. Linda Smith spoke in support of the ordinance and about Sather Park that is used as an off -leash dog park with similar dog confrontation issues. Jim Todd spoke in support of the ordinance and issues with dogs that he has experienced. John Wilcox spoke in favor of the ordinance and of his personal concerns. During Council deliberation, several Councilmembers shared the concerns about dangerous dogs and the reasonableness of leash laws and rules for dangerous dogs. There was concern about misinterpreting the behavior of dogs on leash who are pouncing and lunging in a crowded area in a friendly versus aggressive manner. In referring to RCW 16.08.100, there was a question about provisions for restitution. Mr. Gross said it would be a civil matter and the individual could take the issue to court. He reviewed RCW 16.08.100 to further explain the definition of "potentially dangerous" and Council's options for being more restrictive. Once a dog is declared "potentially dangerous" and has another situation, the dog can then be declared "dangerous." A decision declaring a dog dangerous can be appealed. Other comments were that this is a reasonable approach. City Council Business Meeting October 20, 2014 Page 5 of 7 Motion: Catharine Robinson moved to approve first reading of Ordinance 3118 Amending Port Townsend Municipal Code Chapter 8.04 Animal Control to Establish Policies and Procedures Related to Potentially Dangerous Dogs and Establish an Appeal Process for Dangerous Dog Determinations, and Chapter 9.02 Criminal Code to Adopt or Revise Penalties for Failure to Control an Animal. Michelle Sandoval seconded. Vote: motion carried, 6-1 by voice vote, Kris Nelson opposed. PRESIDING OFFICER'S REPORT Mayor reported on the following: - attended the Mayor's forum Congressman Kilmer and item of discussion Maritime Heritage area. A draft resolution was provided in the packet that would be brought back before Council. - The Navy has agreed to hold a hearing in Port Townsend about the Environmental Impact Statement (EIS) for Expansion of Growler operations at NAS Whidbey. - He would like to convene a Council committee to agree to conduct a City Manager evaluation CITY MANAGER'S REPORT Mr. Timmons reported on the following: -Hired a police lateral position to start on December 1, but there has been another resignation on the police department. A civil service process will occur later this week. -Successfully completed the finance manager hiring and final interviews were completed for parks and facilities manager. -Library Director selection process was outlined. The next step would be interview panels, which is different from the application screening process. The goal is to complete the hire by December 1. -Planning Director position would be advertised and a series of meetings would be held with Public Works to shift certain job functions. -The City has been asked to help facilitate discussions between Fort Worden Public Development Authority and Peninsula College. A special Council meeting may be needed to go out to re -bid Building 202. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION None. None. COMMENTS FROM COUNCIL EXECUTIVE SESSION City Council Business Meeting October 20, 2014 Page 6 of 7 ADJOURN There being no further business the meeting adjourned at 9:05 p.m. Attest: r Joanna Sanders, CMC City Clerk City Council Business Meeting October 20, 2014 Page 7 of 7