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CITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF APRIL 21, 2008
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in regular session the twenty-first
day of April 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City
Hall, Mayor Michelle Sandoval presiding.
ROLL CALL
Council members present at roll call were Brent Butler, David King, Laurie Medlicott,
George Randels, Michelle Sandoval and Mark Welch. Catharine Robinson was
excused.
Staff members present were City Manager David Timmons, City Attorney John
Watts, Planning Director Rick Sepler, Public Works Director Ken Clow, and Legal
Assistant Joanna Sanders.
PROCLAMATION
Sharon Schlenter, President of the Olympic Chapter of the Washington Native Plant
Society accepted the proclamation for Native Plant Appreciation Week which is April
27-May 3, 2008. A handout of activities was given to Councilors.
COMMENTS FROM THE PUBLIC (consent and non-agenda items)
Pamela Blevins, owner of Jack's Jewel of bed and breakfast, spoke about opening
a business in Port Townsend. She reviewed a list of dates and issues surrounding
the colors used in painting her building. She suggested a pamphlet/packet be
prepared for B&Bs and requested a meeting with Mr. Timmons and Development
Services Director Mr. Yarberry to review the requirements.
Mr. Timmons explained some of the confusion stemmed from the uncertainty
whether the house would be used as a residence or a commercial business, which
triggered the mandatory review and mandatory compliance requirement for a
historic structure. He agreed to meet with Ms. Blevins.
Ms. Medlicott expressed a desire for Staff to consider generating a brochure.
Mr. Butler asked whether realtors review historic preservation requirements with
potential buyers. Ms. Sandoval explained currently there are no historic district
requirements. This situation involved a conditional use permit.
Gary Cox expressed concerns about the lack of affordable housing in Port
Townsend.
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April 21, 2008
Steve Evans spoke on affordable housing and homelessness and agreed there is a
pending crisis. He urged convening the task force and suggested that the Housing
Action Plan Network (HAPN) be the body to form that meeting.
Mr. Randels said the homelessness issue is being addressed by the Council
Special Projects Committee. While HAPN should be part of the task force, the
committee felt it was not exclusively a housing issue. The goals are difficult to
achieve.
Mr. Timmons reminded of the joint meeting with the Board of County
Commissioners and Council on Thursday, May 1 at 6:30 p.m. to discuss the issues
of affordable housing and homelessness.
Mr. Butler said he is eager to see the community take advantage of upcoming
funding.
David Goldman spoke regarding the Code enforcement ordinances. He took
exception to the characterization of citizen involvement in the Development
Services Department code enforcement report dated March 27, 2008. He requested
an update on the March 15 tree-cutting incident. On the first point, Mr. Timmons
responded that staff was initially trying to relay facts rather than judgments on
individual's actions. Staff does get involved and it can be time consuming.
Regarding the tree-cutting incident, the matter is still under investigation,
Andrew Redding commented that the language Mr. Goldman recited was prejudicial
language and urged the City to avoid disparagement of citizen activists.
Ms. Sandoval said she has wholeheartedly supported citizen involvement and staff
efforts. There have been many attacks against City staff that have become
personal.
CONSENT AGENDA
Motion: Mr. Welch moved for approval of the following items on the consent
agenda with one correction to the minutes of April 7, page 10. The fourth sentence
should read "Snow Creek property transfer of 160 acres for 80 acres near Jacob
Miller Road is in progress." Ms. Medlicott seconded. The motion carried
unanimously, 6-0, by voice vote.
Approval of Bills, Claims and Warrants:
Vouchers 104482 through 104645 (plus EFTs) in the amount of $371,735.54
Approval of Minutes:
April 7, 2008
April 14, 2008
City Council Business Meeting
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April 21, 2008
UNFINISHED BUSINESS
ORDINANCE 2975, AMENDING PORT TOWNSEND MUNICIPAL CODE
SECTION 10.40.020 TO PROHIBIT SKATEBOARDING AT HALLER FOUNTAIN
AND TERRACE STEPS
City Attorney John Watts presented Ordinance 2975 which Council approved for
first reading on April 7. Council had referred the broader issue of pedestrian safety
on sidewalks throughout the City to the General Services Committee. He mentioned
the recently-constructed improvements (benches and patio) at Haller Fountain and
reviewed a map of areas where skateboarding is prohibited. Staff recommendation
is to adopt the ordinance adding this area to existing prohibitions.
Public comment:
Andrew Redding spoke about the importance of being considerate and inclusive of
the youth in our community especially as they engage in non-motorized activities.
Jim Todd pointed out pedestrian safety should also be a consideration.
Action: Mr. Welch moved for adoption of Ordinance 2975, Amending Port
Townsend Municipal Code Section 10.40.020 to Prohibit Skateboarding at Haller
Fountain and Terrace Steps. Mr. Randels seconded.
Ms. Medlicott would like to see skateboarding banned on all historic district
sidewalks uptown and downtown because of pedestrian safety.
Mr. Randels said if considering the broader issue of pedestrian safety, we shouldn't
limit skateboarding prohibitions to the historic district sidewalks.
Mr. Butler expressed support for all means of non-motorized transportation. He
would also like to ensure our investments in infrastructure are not damaged.
Mr. Welch concurred with encouraging non-motorized transportation and exercise,
He said the youth population, like a lot of populations, needs a certain amount of
direction. He is not in favor of banning skateboarding on all sidewalks, but is
supportive of this ordinance to prevent grinding on the uncured concrete benches.
Ms. Sandoval said she would not support a ban of skateboarding on streets
throughout the City. She agrees skateboarding is inappropriate on sidewalks. She
believes the community should either stop lamenting the loss of youth or deal with
them when they cause problems.
Vote on Motion: The motion carried unanimously, 6-0, by voice vote.
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April 21, 2008
CLIMATE ACTION COMMITTEE APPOINTMENTS
City Manager Timmons reviewed materials in the agenda packet. Today, the Board
of County Commissioners took action with minor edits the City could easily
reconcile.
Mr. Butler pointed out that he agreed to be the alternate to Mr. Welch as City
Council representative.
Mr. Randels commented is pleased there are three young people on this committee.
Public comment:
Kees Kolff thanked Council for considering this action. He provided an update on
the Climate Protection volunteer effort. They are nearing completion of the baseline
study on City and County governments and the community at large on energy use
and emissions. He spoke about his attendance at a recent Association of
Washington Cities conference. Over 860 mayors in Cities around the country have
signed Mayor Nichols' challenge to have Cities meet or exceed the Kyoto protocol
goals.
Action: Mr. King moved to appoint the following 15 members to the Climate Action
Committee, as recommended by the Mayor and BoCC Chair. Mr. Randels
seconded. The motion carried unanimously, 6-0, by voice vote.
No. Name Affitiation/fExpertiseJ
1 Dana Roberts Jefferson PUD No. 1
2 Josh Bryant Student (PTHS) 12'" grade
Alt. Nora Barnfield Student fPTHS! 11thorade
Alt. Taylor Beard Student (PTHS! 11 thqrade
3 Tim Behrenfeld Education
All. Tom Opstad
4 Larry Crockett Industry - Port of PT
5 Kristin Marshall Port Townsend Paper Corporation
6 Jim Fritz/OSF Olympic Stewardship Foundation
7 Kees Kolff Faith-based
8 Barbara Citizen at Large (Marine)
Niqhtinqa/e
9 Denise Pranqer Citizen at Lame (forestry)
10 David Turissini Jefferson Transit
11 Scott Walker Non-motorized transportation
12 Stanlev Willard Citizen at Laroe (Chemist)
13 Pete Raab Builder
14 Mark Welch City Councilmember
15 John Austin BoCC
City Council Business Meeting
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Aprif 21, 2008
RESOLUTION 08-008, JOINT RESOLUTION OF THE JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE PORT TOWNSEND CITY
COUNCIL, PROVIDING COMPOSITION, TERMS OF OFFICE AND
PROCEDURAL RULES FOR THE HOUSING ACTION PLAN NETWORK
COMMITTEE
City Manager Timmons reminded this is a follow-up action on efforts to begin to look
at the long-term needs of affordable housing and homelessness issues in the
County. This begins an organizational framework to begin that process.
Mr. King asked if the County has seen, which Mr. Timmons confirmed, saying they
made minor changes, which are incorporated.
Mr. Goldman asked if there was a staff proposal a year ago to declare a housing
emergency for the purpose of applying for state and federal grants.
Mr. Timmons said there was a proposal, but work in the meantime has been to get
the organizational structure in place prior to that action being taken.
Action: Mr. Randels moved to approve Resolution 08-008, Joint Resolution of the
Jefferson County Board of County Commissioners and the Port Townsend City
Council, Providing Composition, Terms of Office and Procedural Rules for the
Housing Action Plan Network Committee. Mrs. Medlicott seconded. The motion
carried unanimously, 6-0, by voice vote.
NEW BUSINESS
RESOLUTION 08-012, PROVIDING COUNCIL POLICY DIRECTION
CONCERNING PROPOSED UPPER SIMS WAY DESIGN AND IMPROVEMENTS
Public Works Director Ken Clow reported that this item is a follow up to the April 14
workshop. Approval of the resolution would enable Staff to continue to move
forward with design and improvements. The resolution does not seek design
approval or authorization of construction contracts, but authorizes the City Manager
to sign contracts so that Public Works can return to Council with a conceptual
design. It also authorizes further work on a preliminary assessment on the formation
of a limited improvement district (LID), but it does not approve the formation of a
LID. Staff also needs to do further wetlands examination and geotechnical work for
both National Environmental Policy Act (NEPA) and State Environmental Policy Act
(SEPA). They would also pursue $1 million through the Community Infrastructure
Fund (CIF Program) to facilitate the design. Staff would also look for State and
Federal monies that might be available. There would also be discussions with the
State as they work through a ferry mitigation package. Should federal infrastructure
or transportation funds become available, it would be best to have designs as
complete as possible. Staff would report back in 6-8 weeks on their efforts.
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April 21,2008
Mrs. Medlicott asked why Sims Way properties are included on the Howard Street
LID and in what ways would these properties benefit from a Howard Street
improvement.
Mr. Clow indicated that the appraiser who valuated the properties felt a small
number of properties on Sims Way nearest the intersection would benefit from the
improvements to the Howard Street intersection. The specific benefit to those
properties would be better to address after the preliminary assessment is complete.
Mr. Timmons noted that the transportation improvement money did not include
Howard St. The benefit is the new intersection at Howard and Sims, The market
analysis shows conditions before and after the improvement. The property owners
would have an opportunity to challenge the assessment at a later date. While
Council is not approving the development of an LID tonight, tonight's action would
provide the policy direction because there is a significant amount of work to be
done.
Mr. Clow and Mr. Timmons responded to questions by Mr. Butler about the LID and
federal funding.
Public comment:
Bob Widener, Peninsula Flooring, also representing Jim Grace who has the building
housing the Dollar Store and Lincare, protested their two properties being added to
the LID. They believe roundabouts would do nothing but create traffic problems and
would be detrimental to their businesses. He believes their two businesses are
being added to Howard Street businesses that have raw property needing
infrastructure. They did not get assistance with their street improvements when they
put in their business and object to paying for part of their improvements and City
improvements. Initially, property owners were told the portion of the roundabouts
and Sims Way improvements would cost property owners nothing. They would be
contacting an attorney and bringing forth more comments.
Mr. Timmons said utilities would not be put in as part of the LID. The water, sewer
and stormwater would be done through latecomer agreements. The LID would only
address road improvements for those properties that benefit. The LID can give
credits for prior frontage improvements. Only those in the LID can protest the LID.
Ms. Sandoval asked about the qualifications of the appraiser.
Mr. Watts explained Macaulay & Associates is an Everett firm widely recognized for
doing the LID appraisal analysis. He would provide their resume to Council.
Action: Mr. Welch moved to approve Resolution 08-012, providing Council Policy
Direction Concerning Proposed Upper Sims Way Design and Improvements. Mr.
King seconded.
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April 21, 2008
Motion to amend: Mr. Randels asked to make the following changes:
Pg. 1, item 8 under recitals should read: "Mixed-use development (medium
density) between Sims and Discovery along Howard."
Pg. 3, third bullet point, second sentence should say"... as a result...."
Pg. 4, item 4, third sentence should read: "... use of a portion of the existing
Howard...." Item 5(4) should read: Sims Way between Howard and Thomas,
Mr. King seconded. Amendment was approved by consensus.
Mrs. Medlicott said she supports Howard Street improvements. When the matter is
brought to Council, she would also support the formation of an LID. Until the ferry
situation is resolved, she doesn't want to further endanger businesses. She has
serious questions and would first like to better understand the benefit to those
businesses of the Howard Street intersection before voting for the resolution. She
does not want the response to be because the consultant or the appraiser said so.
Along with many citizens, she is still opposed to roundabouts.
Mr, Timmons said the consultant devised the boundaries. Improvements to the
Howard Street intersection were never included in federal funding for Sims Way
improvements. The consultant felt those properties east of Sims Way would benefit
or be worth more as a result of these improvements.
Mr. Watts said the Council would be presented the analysis in the next 2-3 months
at which point Council could decide whether it is complete enough and take the next
step of forming an LID. Dropping properties out of boundary could also occur.
Tonight's resolution is to simply allow the appraisal process to move forward. The
issues raised to night are important to relay to the appraiser. A property arbitrarily
included or excluded could affect the legal requirements of the LID. Staff does not
have the specific benefit analysis parcel by parcel, but simply a broad brush
assessment.
Ms. Medlicotl asked to get in the future the amount spent on the Upper Sims Way
consultants to date.
Vote on Motion: motion was approved as amended, 5-1, with Mrs. Med/icott
opposed.
RECESS
Mayor Sandoval declared a recess at 8: 1 0 for the purpose of a break.
RECONVENE
The meeting was reconvened at 8:20 p.m.
RESOLUTION 08-013, PROVIDING COUNCIL POLICY DIRECTION
CONCERNING CAPITAL PROJECTS AND IMPROVEMENTS
City Council Business Meeting
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April 21, 2008
City Manager Timmons explained projects outlined in the agenda bill. The resolution
includes attachments describing the projects as work plan priorities. Pending
acceptance, there are bids for Projects A and B. Project C is also ready to accept
bids. With Council's approval of the matching funds, these projects could be
initiated this spring. One of the goals of the capital project was to complete the
corridors through the City to Ft. Worden and the fairgrounds (Projects A and B).
Projects on Upper Sims are addressed separately. Even though they are connected
in terms of the capital program initiative, they are not connected to any financing
requirements. Another target is the downtown corridor in order to leverage both
public and private investment in coordination with the Northwest Maritime Center
and match the investment by the Port of Port Townsend in Point Hudson and their
marina expansion improvements and capital efforts. The City would then begin to
work toward the Ferry Terminal in the historic district infrastructure restoration
efforts and begin negotiating with State Ferries on their work at the ferry terminal to
connect to the City's work on Upper Sims Way. To get all of this in place, financing
of $7.5 million is needed. This has been evaluated with bond underwriters and a
bond debt was structured extending out on a 30-year note with an option to payoff
earlier as funds become available. Staff is also working on additional funding
through Senators Cantwell and Murray and Congressman Dicks' offices that would
leverage even more work. There are also applications pending downtown for Taylor
Street for the sidewalk replacement because of the structural instability. The
structure of public improvements as part of the Northwest Maritime Center is to
ensure public access to the City's waterfront which would start from Point Hudson
and wind down to Quincy Street. This $1 million bond would leverage full
completion of the maritime center and incorporates what the City would be funding
which is the waterfront access improvements and connection to the improvements
on the water street side down to Pope Marine, involving an upgrade of Pope
Marine, conversion of the Police Station to a visitor plaza, and then a waterfront
esplanade connection along the Wave Gallery.
The bond proposal is achievable and Staff has evaluated payment schedules in
terms of how the City is paying back other debt. The resolution authorizes Staff to
get bond underwriter to outline the schedule, which involves passing an ordinance.
The City would then negotiate the terms of the sale to various bond underwriters
and come to Council for final action, setting interest rates on bonds, and then a final
reading of the ordinance. Around June 16 funds might be able to be transferred to
the City. Initial projects will be Projects A, B, and C. There is also a $400,000 FEMA
grant for the Police Station conversion and everything is ready to begin the process
to relocate the Police Department to Kosecs.
Mr. Butler asked about the percentage of public and private funds being leveraged
for this project as compared with projects of a similar scope in other jurisdictions. He
suggested obtaining the leveraging ratios one might expect with certain projects.
Mr. Timmons referred to page six of the agenda materials for a summary of the
City's ability to leverage other funds. He explained the preference for a councilmatic
bond over a voted bond. With this bond we would be at 9% of our allowed debt
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April 21, 2008
capacity. Standard & Poor's would provide a rating based on City leveraging public
and private investment. The Northwest Maritime Center and the Port of Port
Townsend improvements provide the biggest leverage due to their improvements.
The projects were selected because they were leveraging other dollars, but they
have also been part of the City's capital plan and priorities.
Public Works Director Ken Clow said he does not think the City has information on
how we compare with other areas and such comparisons are hard to make.
Because of increasing competition, any outside funding the City can get for
transportation projects, in particular, is a benefit. Several projects received an
endorsement from various groups (PTSD, Northwest Maritime Center, HPC, Non-
motorized Transportation Committee) to accompany the grant application.
Mr. Welch said some of these items have been on the City's agenda for 20 years.
Going ahead with these projects would make it possible to accept more funding.
Even with this bond, the City has not tapped into the other $60 million of voter-
approved and $15 million of Council-approved debt.
Mrs. Medlicott spoke about the support from MainStreet, the Chamber and L TAC
Committee for these projects. These projects provide an opportunity to refocus our
economic strategy to be less reliant on anyone area as an economic anchor.
Mr. Randels also spoke about his support for these projects. He suggested
Association of Washington Cities might be able to provide standards so there could
be a comparison of leveraging dollars. In his opinion, technical leverage of federal
and state dollars is second in importance to leveraging private dollars. The NWMC
exemplifies that partnership.
Ms. Sandoval pointed out that the newest project is the Kosec Funeral Home re-fit.
The more public dollars are invested, the more it encourages private investment.
She said the Governor is also listening to local concerns.
Mr, King asked about San Juan and 49th Street improvements to which Mr.
Timmons reviewed planned improvements to pedestrian traffic. Mr. King also
pointed out that if it were not for the Port's investment in its infrastructure, the
businesses in the Boat Haven would not be there today.
Action: Mr. Randels Move to approve Resolution 08-013, Providing Council Policy
~irection Concerning Capital Projects and Improvements. Mr. Welch seconded. The
motion carried unanimously, 6-0, by voice vote.
PRESIDING OFFICER'S REPORT - None
Mr. Welch moved to accept the Mayor's recommendation and confirm the following
Advisory Board appointments. Mr. Randels seconded. The motion carried
unanimously, 6-0, by voice vote.
City Council Business Meeting
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April 21, 2008
Arts Commission
Stanley Rubin (Position 1, term expires May 1, 2011)
Linda Davis Okazaki (Position 2, term expires May 1,2011)
Kristine Morris (Position 3, term expires May 1, 2011)
Historic Preservation Committee
Gee Heckscher (Position 1, tenn expires May 1,2011)
Barbara Marseille (Position 3, term expires May 1, 2011)
LodGinG Tax Advisorv Committee
Sherri Hanke - at large position (Position 2, tenn expires May 1, 2011)
Keven Elliff - recipient (Position 4, term expires May 1, 2011)
David Elling - collector (Position 9, term expires May 1, 2011)
Tim Caldwell- ex-officio/nonvoting (Position 13, term expires May 1, 2011)
Non-Motorized Transportation Advisorv Board
Owen Fairbank (Position 2, tenn expires May 1,2011)
Bly Windstonn (Position 3, tenn expires May 1,2011)
PlanninG Commission
Monica Mick-Hager (Position 4, tenn expires December 31, 2011)
Tree Committee
Dave Kesler (Position 5, tenn expires May 1, 2011)
CITY MANAGER'S REPORT
April 22 at 9:00 a.m. there would be $8 million contract signing for the Northwest
Maritime Center.
Survey results from the Town Meeting were distributed.
The Fire District is entering the final phases of fire chief recruitment. All Councilors
would be involved in final process, possible involving a joint meeting and decision.
There have been a lot of discussions with Washington State Ferries. Staff has met
with Senator Cantwell's staff and has requested a $1 million economic development
initiative grant. The bond would be used as additional leverage for that grant.
The items on the agenda for the May 1 joint meeting with the Board of County
Commissioners are affordable housing, homeless ness, and the Clean Water
District.
A joint meeting with the Port Townsend School District would occur May 8 to talk
about Mountain View School.
STANDING COMMITTEE REPORTS
Special Projects Committee: Mr. Randels said he is heartened by what Mr.
Timmons reported from the County. He would be in contact with the Health Dept. to
see whether the City might want to consider jointly sponsoring an event.
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April 21, 2008
Affordable Housing: Mr. Butler said at today's meeting there was discussion of two
new house bills passed by Governor as well as a review of the surplus land
procedure. They decided to advance a request for declaration of a housing
emergency. He reviewed several upcoming events. Councilors suggested that the
draft recommendation be circulated before the joint meeting with the County. Mr.
King mentioned John Collins of the Port Commission would be interested in
affordable housing as an economic development issue.
Ms. Sandoval mentioned County-owned surplus property in the City was the driver.
COMMENTS FROM COUNCIL
Councilors expressed appreciation for the work done on the Capital Projects plan.
ADJOURN
There being no further business, the meeting was adjourned at 9:11 p.m.
Minutes Prepared by Joanna Sanders, Legal Assistant.
O~ aX
Pam Kolacy, MM~
City Clerk
City Council Business Meeting
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April 21, 2008