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HomeMy WebLinkAbout040609CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF APRiL 6, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers present at roll call were Brent Butler, David King, George Randels, Michelle Sandoval, and Laurie Medlicott. Catharine Robinson and Mark Welch were excused. Staff members present were City Manager David Timmons, City Attorney John Watts, DSD Director Rick Sepler, Public Works Director Ken Clow, Grants Administrator Ken Horvath, and City Clerk Pam Kolacy CHANGES TO THE AGENDA Mr. Butler announced he will resign from the Council effect April 15, 2009. He will be moving out of the area to accept a new position in Idaho. Mayor Sandoval stated the Council would discuss the resignation and process for appointing a new Council member under New Business. PROCLAMATION: DISABILITY AWARENESS MONTH Pat Teal of DASH was present to accept the proclamation. SPECIAL PRESENTATION: MAIN STREET 2009 1ST QUARTER REPORT Susan Windle, Main Street President, reviewed the activities of Main Street for the first quarter of 2009. COMMENTS FROM THE PUBLIC Eric Chester regarding Border Patrol activities. Dennis Daneau regarding Border Patrol activities. Annette Huenke regarding Border Patrol activities. Ms. Huenke presented a folder of signed petitions circulated by the Stop the Checkpoints Committee. Cindy Wolpin regarding Border Patrol activities. Ms. Wolpin provided written materials from the ACLU. Candace Cosler regarding Border Patrol activities. Libby Palmer regarding Border Patrol activities. Nora Regan regarding location of an aquatic center at Kah Tai nature park. Julie Jaman regarding plans for Kah Tai. Mr. Timmons noted that the process to begin reinvestment in City parks has begun; the City has completed all property acquisition at Kah Tai except for that which is City Council Meeting Page 1 April 6, 2009 owned by the Port. A number of issues will be identified and discussed with plenty of public process. Paul Richmond commented on Border Patrol activities and Mountain View school property. Mayor Sandoval noted that Council has taken no action beyond having an initial meeting with the Port Commissioners which included the concept of consolidating City properties at Kah Tai. The City Manager has no direction at this time except to begin a conversation with the Port. Mr. Timmons noted the agenda item regarding Mountain View property is simply authorization by the Council for him to have a discussion with the school administration. CONSENT AGENDA Approval of Bills Claims and Warrants Vouchers 107358 through 107580 (plus EFTs) in the amount of $1, 095,560.40 Approval of Minutes: March 5, 2009 March 9, 2009 March 16, 2009 FEMA December 2008 Severe Storm and Snow Disaster Grant Application Action: Move to authorize the City Manager to apply fora FEMA December 2008 Severe Storm grant and name the City Manager as the City Applicant Agent and the Public Works Director as the Alternate Applicant Agent. Springbrook Software Financial System Software Action: Move to authorize the City Manager to execute the contract with Springbrook SoRware for financial accounting systems software upgrade for approximately $60, 000. Resolution 09-014, Authorizing Certain Petty Cash Funds Established for Transacting City Business Mr. Randels proposed the following corrections to the March 16 minutes. On page 4, strike "variance requested" and replace with "revisions to the ordinance to meet the problems raised by the Village Baker" and on page 7, paragraph beginning with "City Staff' change "see" to "seek" in the last sentence. Motion: George Randels moved to approve the consent agenda with corrections to the minutes of March 16. David King seconded. Vote: motion carried unanimously, 5-0 by voice vote. City Council Meeting Page 2 April 6, 2009 UNFINISHED BUSINESS RESOLUTION 09-013 Approving the Port Townsend Arts Commission Public Art Plan dated December 8, 2008 Mr. Sepler noted that Stan Rubin, Arts Commission Chair was in attendance. There was no public comment Mr. Randels stated, for purposes of public disclosure, that Mr. Rubin is his brother- in-law. No one recommended recusal. Motion: David King moved to approve Resolution 09-013, approving the Port Townsend Arts Commission Public Art Plan dated December 8, 2008. George Randels seconded. Vote: motion carried unanimously, 5-0 by voice vote. ORDINANCE 3011 Adopting a Revised Approved Color Palette for Port Townsend's National Landmark District to Serve as a Guideline for Historic Design Review Consistent with Chapter 17.30 of the Port Townsend Municipal Code Mr. Sepler reviewed the packet materials. Mr. King asked about the process for applications for projects with proposed colors not on the approved palette. Mr. Sepler stated the Historic Preservation Committee would look to the DSD Director for a determination if, for instance, the paint color was shown to be authentic but not on the palette. He also noted that colors for signage are somewhat more flexible. The incentive is that the applicant can receive administrative approval if all the rules are followed. There was no public comment. Charlie Paul, Historic Preservation Committee Chair, noted that the new palette represents the addition of over 40 colors to the palette and that color chips are readily available for the public in the DSD office. Motion: George Randels moved to waive Council Rules and adopt Ordinance 3011, Adopting a Revised Approved Color Palette for Port Townsend's National Landmark District to Serve as a Guideline for Historic Design Review Consistent with Chapter 17.30 of the Port Townsend Municipal Code. Laude Medlicott seconded. Seeing that there would not be full support, the motion to waive Council rules and adopt Ordinance 3011 was withdrawn. City Council Meeting Page 3 April 6, 2009 Motion: George Randels moved for first reading of Ordinance 3011, Adopting a Revised Approved Cotor Palette for Port Townsend's National Landmark District to Serve as a Guideline for Historic Design Review Consistent with Chapter 17.30 of the Port Townsend Municipal Code. Laurie Medlicott seconded. Vote: motion carried unanimously, 7-0 by voice vote. RECESS Mayor Sandoval declared a recess at 7:38 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 7:50 p.m. NEW BUSINESS WATER STREET TUNNEL LIDS SEISMIC RETROFIT, FEMA GRANT APPLICATION Grants administrator Ken Horvath reviewed the packet materials. He and Mr. Timmons answered questions from the Council, noting that a $62,000 match is currently under review by the State Historic Preservation Officer; the non-Federal match of $25,000 could include $12,500 from the State although that is not certain; funding for these projects appears in the capital budget for 2010-2011; the projects are not discretionary due to public safety concerns; and the tunnels can be used for underground power lines and replacement of street trees. There was no public comment. Mr. Horvath stated there is no action required at this time, the first presentation is informational only. 2009 COPS HIRING RECOVERY PROGRAM (CHRP) GRANT APPLICATION Public Comment: Paul Richmond stated that this funding originally came from asset forfeiture and asked for Council to conduct full scrutiny of this proposal. Motion: George Rande/s moved to Approve submittal of 2009 Cops Hiring Recovery Program (CHRP) Grant Application. David King seconded. Vote: motion carried unanimously, 5-0 by voice vote. 2009 JUSTICE ASSISTANCE GRANT APPLICATION City Council Meeting Page 4 April 6, 2009 Public Comment: Paul Richmond asked for scrutiny of the program and funding source. Motion.' George Randels moved to approve submittal of 2009 Justice Assistance Grant Application. David King seconded. Vote: motion carried unanimously, 5-0 by voice vote. Mayor Sandoval suggested that Council member Robinson and Chief Daily, as City representatives to various committees dealing with local substance abuse programs, advise on the best use of the funds, with emphasis on planning and prevention rather than criminalization. ORDINANCE 2009 VACATING ALL OF BLOCKS 3, 4, AND 6 AND LOTS 9 THROUGH 18 OF BLOCK 5 OF THE PLAT OF SEAVIEW ADDITION TO THE CITY OF PORT TOWNSEND, EXCLUDING ALL STREET RIGHTS-OF-WAY AND ALLEYS LYING THEREIN; AND ESTABLISHING AN EFFECTIVE DATE. Mr. Timmons disclosed that the property is adjacent to property he owns but has had no discussions with staff or property owners regarding the process. He added that although he has no financial or property interest in the outcome, he will not participate in the discussion. Mayor Sandoval stated she knows the applicants and has had a past real estate relationship with them, but has no connection to the current project. Mr. Sepler noted that staff recommends approval to be in the public interest as the small Victorian lots do not allow for sound development practices; by vacating lots into large parcels, modern standards could be applied to a subdivision. Mr. Randels asked if density could not be increased through some other process and whether the plat would override zoning. He asked if the density limitation could not be enforced through another measure such as covenants. Mr. Sepler noted there is no prohibition against reducing density in the R-1 zone. He stated that pre-existing lots do have some inherent rights; an approved variance could override zoning. He added that although covenants or conservation easements could be done, the owners are not interested in that at this time. Mr. Watts added that the City zoning code has a limited form of lot consolidation. This site is 60 lots, but not 60 building sites under the Code. Development rights could be asserted for one lot if sold separately. He added there is no minimum zoning density required for R I and R II zones. City Council Meeting Page 5 April 6, 2009 In response to a question from Mrs. Medlicott, Mr. Clow noted that keeping the street rights of way within the property gives the City some predictability and could make the extension of utilities more efficient for the City. There was no public comment. Motion: Brent Butler moved to approve first reading of Ordinance 3009, Vacating all of Blocks 3, 4, and 6 and Lots 9 through 78 of Block 5 of the Plat of Seaview Addition to the City of Port Townsend, excluding all Street Rights-of--Way and alleys lying therein; and establishing an effective date. David King seconded. Vote: motion carried unanimously, 5-0 by voice vote. WATER UTLITY RATE FORECAST UPDATE AND EVALUATION OF RATE IMPACTS FOR WATER SUPPLY TREATMENT ALTERNATIVES Mr. Timmons noted that the City needs a financial plan that will address the future of the Olympic Gravity Water System extending to the Quilcene basin; a true economic assessment of the costs of water delivery is essential both now and for the next 20 years. Discussion ensued regarding state funding which has been proposed for a facilitator for water discussions; Ms. Sandoval suggested that a letter showing this as one of the prudent steps the City is taking toward water planning and that this information is necessary to a meaningful discussion among stakeholders. The letter could state that the City welcomes assistance to pay for studies but at this point a facilitator is not needed. There may be a total of $150,000 available. Ms. Sandoval also noted that it should be made clear that development should not be approved if no source of water is available. There was no public comment. Motion: George Rande/s moved to authorize the City Manager to execute a contract with FCS Group for Phase T of Water Utility Rate Forecast Update, at a cost not to exceed $62,000. David King seconded. Vote: motion carried unanimously, 5-0 by voice vote. There was consensus by the Council to formulate a letter to state legislators as discussed. MOUNTAIN VIEW SCHOOL SITE Mr. Timmons stated there is clear direction that the Mountain View building and site should be retained for public use; the issue at hand is to determine an interim use for the facility that is in the public interest. He reviewed the potential uses listed in the packet materials. He added there is no authority requested to execute a lease, just City Council Meeting Page 6 April 6, 2009 to negotiate a draft, have discussions, and come back with a plan to meet both the City and School objectives. He added that the School District does not want to be a property manager as their focus is education. Public comment Julie Jaman asked the Council to be cautious about any agreement. Paul Richmond expressed concerns about proposed action. Julie Jablonski spoke in support of a short term fair value lease. Bill Kush, Jefferson County YMCA, expressed appreciation for this effort to keep the pool and gym open and said there is potential for adult activities at the facility during the day. Mrs. Medlicott stated she would prefer a discussion of opportunities to partner rather than directing staff to draft a lease. Motion: David King moved to authorize the City Manager to negotiate a draft lease with the School District for the Mountain View School site, subject to Council final action and approval. George Randels seconded. Vote: motion carried, 4-1 by voice vote, Laurie Medlicott opposed. RESIGNATION OF COUNCIL MEMBER BUTLER Mr. Watts described the prior procedure for filling a Council vacancy and by consensus, Council agreed to follow the same general procedure and schedule. PRESIDING OFFICER'S REPORT CITY MANAGER'S REPORT Mr. Timmons reviewed sales tax revenue information, noting that sales tax revenues have been steady to date. He noted the City is working with several entities to deal with the Hood Canal Bridge Closure. He has also had discussions with representatives from Centrum regarding the PDA concept. Attendance at Fort activities is rising. STANDING COMMITTEE REPORTS Minutes included from the following Council Committees: Finance & Budget (February 26, 2009 And March 26, 2009) General Services (March 17, 2009 -Draft) Community Development & Land Use (March 1, 2009 -Draft) City Council Meeting Page 7 April 6, 2009 ADJOURN There being no further business, the meeting was adjourned at 9:52 p.m. Attest: Q ~G~~YY~ ~ Pamela Kolacy, MMC City Clerk City Council Meeting Page 8 April 6, 2009