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HomeMy WebLinkAbout060208CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 2, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the second day of June 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Deputy Mayor George Randels presiding. ROLL CALL Council members present at roll call were David King, Laurie Medlicott, George Randels, Catharine Robinson, and Mark Welch. Brent Butler was excused. Michelle Sandoval arrived at 7:30 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Planning Director Rick Sepler, Senior Planner Judy Surber, Finance Director Michael Legarsky, Civil Engineer Mary Heather Ames, Public Safety Analyst Ken Horvath, Public Works Director Ken Clow, DSD Director Leonard Yarberry, and City Clerk Pam Kolacy. SPECIAL PRESENTATION David McCulloch presented the Bronze Bicycle Friendly Community Award to the City on behalf of the League of American Cyclists. CHANGES TO THE AGENDA Deputy Mayor Randels announced that Council will hold an executive session at the end of the meeting to discuss litigation. He stated that the Council may take action after the conclusion of the executive session. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Chauncey Tudhope Locklear regarding Boiler Room events O'Neill Louchard regarding Boiler Room events. AI Youse regarding San Juan sidewalk project. He requested that neighbors be notified of sidewalk projects in advance of approval, using a process similar to the process for road projects. Public Works Director noted that staff is now in process of discussion with the neighborhood and the process has resulted in adjustments to the sidewalk plan. City Council Business Meeting Page 1 June 2, 2008 CONSENT AGENDA Motion: Mr. Welch moved for approval of the following items on the consent agenda. Mr. King seconded. Mr. Randels and Ms. Robinson had the following corrections to the May 19, 2008 minutes: Page 2: last full line, remove redundant "is grant" language Page 3: first paragraph, third line under "Council deliberation and action": change "densely-owned" to "densely zoned" Page 3: vote on adoption of revised Ordinance 2976 should read "by roll call vote" rather than "by voice vote" Page 6: first paragraph, end of second to last line, change state "evaluation" to "valuation" Page 8: Under council deliberation and comments, second paragraph, second line, add `years" after "100" and before "ago" Page 10: motion by Ms. Robinson to approve the letter to Senators Cantwell and Murray (changes accepted by consensus) Motion carried unanimously, 5-0, by voice vote. Approval of Bi!!s, Claims and Warrants Vouchers 104916 and 104927 in the amount of $393.19 Vouchers 104928 through 105018 in the amount of $514, 342.84 Approvat of Minutes: May 19, 2008 with corrections listed. Resolution OS-022, endorsing the Wayfinding Project and the submission of a Preserve America Grant Application. Resolution 08-021, designating the City Manager as Applicant Agent for the State of Washington Hazard Mitigation Grant Program Application (FEMA-1734-DR-WA) to seismically retrofit the sidewalk lids on Water Street and appropriate side streets. Northwest Maritime Center Subordination Agreement Action: Move to authorize the City Manager to execute necessary documents to allow the subordination of HUD to First Federal on HUD section 108 loan (HUD/BEDI #8-01-DC-53-0001). PUBLIC HEARING ORDINANCE 2972 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 17.52 OF THE PORT TOWNSEND MUNICIPAL CODE WITH REGARD TO REVISING THE DEFINITIONS OF CHILD CARE FACILITIES AND MINOR CONDITIONAL USE AND AMENDING THE CHILD DAY CARE CHAPTER Deputy Mayor Randels read the rules of procedure for legislative public hearings. City Council Business Meeting Page 2 June 2, 2008 He asked if any Council members had any financial or property interests in the issue. There were none. Senior Planner Judy Surber reviewed the packet material. She explained that the distinction between "licensed" and "unlicensed" in the ordinance is made because pre-schools are generally not licensed by the state; however, staff believes that the City should continue to permit them because they serve a critical function in the community. In response to a question from Ms. Robinson, Ms. Surber explained that child day care centers and pre-schools are not permitted outright in the C-I zoning district (although they are in C-II and C-II) is because the C-I district is so limited. In response to Mr. King's question about sprinkler systems, Ms. Surber responded that the reference to the building code is included to alert child care center and pre- school applicants that certain building code requirements must be met (for example sprinkler system and exits). The language alerts people that building codes may apply so they can reference applicable requirements. Public comment: Erica Delma: owner of Firefly Academy pre-school, spoke in support of the ordinance. She described her school and the community need it fills; she noted that there is a much greater need than currently operating facilities can fill. She hopes that establishing more flexibility in zoning will allow other providers to either expand or open new facilities. Regarding the fire code issues, she noted that if a facility is permitted, a visit from the state fire marshal is always one of the first things that occur. Rebecca Lovett: owner of a licensed day-care facility, spoke in favor of the ordinance and providing more opportunities for locating these services. She asked that Council consider allowing free standing centers and pre-schools in R-II and R-III zones outright. She also asked that the issue of prohibiting play structures in the front setback should be revisited since there is no difference between an in-home provider and a family with small children. Additional written comment was received from the following: Lynn Nadeau, Brock and Pam Walker, Jeannette Angel and Randi Fox -all in support. Ms. Surber noted that staff recommends retaining the conditional use requirement for these facilities in all residential zones because the character of a single family residential neighborhood could be impacted by issues associated with the use, such as increased traffic. Regarding the playground placement issue, she stated this again is a matter of residential character and the front yard of a residential neighborhood is probably not the best place to concentrate twelve children on Cdy Council Business Meeting Page 3 June 2, 2008 playground equipment. She noted if the house is set far back into the lot, equipment with appropriate buffering could still be located in the front yard. Ms. Sandoval arrived at 7:30 p.m. Council members Welch, King and Medlicott all spoke in favor of measures that will encourage more pre-school and child day care facilities in the community. Mr. Randels stated that at some point he would like the Council to consider asking the Planning Commission to review the issues raised by Ms. Lovett regarding allowing these facilities outright in the R-III zone. In answer to a question from Ms. Sandoval regarding the need for night time child care, Ms. Surber stated that limiting the hours of operation from 7:00 a.m. to 7:00 p.m. is specific to pre-schools which have an academic element and therefore would probably not be in operation in the evening. Ms. Robinson noted, in response to public comment, that if a facility were located in the R-III zone, it would probably be more likely to be part of a Planned Unit Development than a separate stand alone application. Motion: Mr. Welch moved to waive Council Rules for two readings of the ordinance. Mr. King seconded. Motion carried unanimously, 6-0, by voice vote. Mr Welch moved for adoption of Ordinance 2972. Mr. King seconded. Motion carried unanimously, 6-0, by roll call vote. NEW BUSINESS ORDINANCE 2979 AN ORDINANCE VACATING TWO ALLEY RIGHTS-OF-WAY LYING WITHIN BLOCKS 3 & 4 OF LEARNED'S SECOND ADDITION TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE City Attorney John Watts reviewed the packet material. He noted that this action confirms a previously approved street vacation. Conditions of the approval have now been met and adoption of the ordinance is the final step in the process. There was no public comment. Motion: Mr Welch moved to waive the Council Rule for two readings of the ordinance. Mr. Randels seconded. The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 4 June 2, 2008 Motion: Mr. Welch moved for adoption of Ordinance 2979. Mr Randels seconded. The motion carried unanimously, 6-0, by roll call vote. RECESS Mayor Sandoval declared a recess at 7:48 for the purpose of a break. RECONVENE The meeting was reconvened at 8:02 p.m. NEW BUSINESS Mrs. Medlicott suggested reversing the order of the two items under New Business. There were no objections. NORTHWEST MARITME CENTER. DEDICATION AGREEMENT Mr. Timmons reviewed the packet material, noting this is a first touch requiring no action. He stated that the City will benefit from this agreement by acquiring a type of ownership interest in the public access areas associated with the Northwest Maritime Center. Mr. Randels noted a reference in the letter from Stephen Oliver, to the Urban Waterfront Plan which has been replaced by the new Shoreline Master Program. Public comment: Dave Robison for the Northwest Maritime Center, stated that eighteen years ago the Council enacted a moratorium that stopped development along the Port Townsend waterfront and the City/Maritime Center partnership will now assure the completion of public access along the entire waterfront as envisioned. Council consensus was to move forward with the creation of an MOU between the City and the Northwest Maritime Center as described in packet materials. ORDINANCE 2978 AN ORDNANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,500,000 TO FINANCE ROAD AND SIDEWALK IMPROVEMENTS, TOURISM AND INFRASTRUCTURE IMPROVEMENTS, TOURISM AND INFRASTRUCTURE IMPROVEMENTS, AND WATERFRONT ACCESS IMPROVEMENTS; AND PROVIDING THE FORM AND TERMS OF SUCH BONDS Michael Legarsky introduced the City's bond counsel, Nancy Neraas, who was present to answer any questions. Mr. Timmons reviewed the City projects which City Council Business Meeting Page 5 June 2, 2008 will benefit from the bond funding. He noted that once principal payments begin, the bond will have an early call option the City could activate if it desires to pay off the debt sooner. Mr. Legarsky noted that if city revenues increase, funds could be set aside for a "sinking fund" which could be used to prepay part of the debt. Ms. Neraas noted that although the bond does list all the potential projects, the Council retains flexibility to budget funds appropriately. Mr. Timmons said that after first reading of the ordinance, staff will interview with Standard and Poor's. Interest rates will be locked in about two weeks prior to issuance. There was no public comment Ms. Robinson expressed concern about the management of this number of projects and the City's ability to complete them all on time; she is also concerned about taking on a greater debt payment and how that will be funded. Mr. Timmons stated that some funding will be allocated from current projects; in addition, two current debt issues will be paid off in 2011, and $25,000 in REET money currently allocated to the Community Center debt will be freed up when that debt is paid off next year. Ms. Sandoval noted that the Finance and Budget Committee recommended approval of the ordinance at its meeting late Thursday afternoon. There was further discussion and clarification regarding some of the projects listed in the packet material. Ms. Robinson noted she will support first reading, but her support is provisional pending more specific information about repayment sources for the debt. Staff will provide information prior to the next business meeting when adoption is scheduled. Motion: Mr Randels moved for first reading of Ordinance 2978. Mrs. Medlicott seconded. Vote: motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval reported on the current status of the ferries and the reservation system, which seems to be resulting in more use of the Port Townsend -Keystone ferry. She added an update on the leased ferries currently running between Port Townsend and Keystone and said that the State has assured us that a ferry will always be provided for the route until permanent replacements are available. City Council Business Meeting Page 6 June 2, 2008 CITY MANAGER'S REPORT STANDING COMMITTEE REPORTS Mr. King reported on the Finance and Budget Committee meeting. Mrs. Medlicott reported on the Lodging Tax Advisory Committee meeting. EXECUTIVE SESSION Mr. Watts stated that the Council would hold an executive session regarding threatened litigation. He anticipated the session would take about 20 minutes and that the Council might be asked to take action after the conclusion of the executive session. The session began at 8:51 p.m. RECONVENE The meeting was reconvened at 9:15 p.m. Mr. Watts stated that the City received a letter on Thursday from the County Assessor stating that the County was prepared to bring suit against the City in regard to the levy lid lift ballot measure title contained in Resolution 08-019. Mr. Watts and Mr. Timmons spoke with Assessor Westerman and County Prosecutor David Alvarez. There was no meeting of minds; however the City raised the following issues: 1) Whether the County Prosecutor and Assessor are allowed to bring a ballot challenge. State law authorizes "persons" to bring ballot challenges but does not authorize a jurisdiction to challenge. County officials provided no authority to the City for claiming standing. 2) The Council was very clear as to what the levy increase would fund - it would fund the Library. The RCW on levy lid lifts states that the purpose of the lid lift dollars must be clearly specified and the proposed ballot measure is in accordance with this requirement. Mr. Watts stated that Mr. Westerman has asserted a premise not supported by state law and the City is disturbed that he would make this threat on both procedural and substantive issues. Mr. Timmons stated that the City's special counsel from the law firm Foster, Pepper was consulted prior to the language being offered, and is very clear that the ballot language complies with state legal requirements and that there is no requirement to include other purposes in the title which are not purposes for which the excess tax dollars are being raised. City Council Business Meeting Page 7 June 2, 2008 Mr. Timmons and Mr. Watts requested that the Council adopt an appropriate motion which will clarify the intent of the Council regarding the ballot title and Resolution 08-019. Motion: Mr Randels moved the following clarification as to the City Council's intent regarding Resolution 08-019 and the ballot title: 1. That the amounts collected from the levy increase are dedicated to be used solely for library purposes at all times. 2. That that Council intends to allocate $0.75 per $1,000 assessed value of property tax revenues sofefy to the library. In 2009, if the levy is approved, the Council intends to levy approximately $1.94 per $1, 000 of assessed value for use as follows: $0.75 for fire service per contract with Fire District No. 1, $0.75 for library purposes, and $0.44 for other services including parks, community services and capital facilities. In future years, the amounts of general fund support for the other services will gradua!!y increase as the City phase in banked levy capacity. 3. That the general fund amounts that had previously supported the library are intended for the following purposes: parks, community services and capital facilities. 4. That the City Manager and City Attorney be directed fo work wifh County officials to reach a satisfactory ballot title that expresses this intent. Mr. Welch seconded. The motion carried unanimously, 6-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 9:20 p.m. est: r' _, ~ , v Pamela Kolacy, MMC City Clerk City Council Business Meeting Page 8 June 2, 2008