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HomeMy WebLinkAbout031725 City Council Business Meeting MinutesCITY OF PORT TOWNSEND MINUTES OF THE CITY COUNCIL BUSINESS MEETING OF MARCH 17, 2025 CALL TO ORDER The City Council met in a regular session on the 17th day of March 2025 in Council Chambers at 540 Water Street, Port Townsend, WA 98368. Mayor Faber called the meeting to order at 6:00pm. ROLL CALL Councilmembers present at roll call were David Faber, Amy Howard, Monica MickHager, Neil Nelson, Owen Rowe, and Ben Thomas with Libby Wennstrom excused. Staff members present were City Manager John Mauro, Public Works Director Steve King , City Attorney Alexandra Kenyon, Planning and Community Development Director Emma Bolin, Long Range Planner Adrian Smith, and City Clerk Alyssa Rodrigues. CHANGES TO THE AGENDA Mayor Faber stated they will be removing item XIV. Executive Session: Pursuant to RCW 42.30.110(1)(g) and will move Jefferson County Commission, District 1, Heather Dudley- Nollette presentation first. PROCLAMATION(S) OR SPECIAL PRESENTATION(S) Jefferson County Commissioner, District 1, Heather Dudley-Nollette Jefferson County Commissioner, District 1, Heather Dudley-Nollette provided an introduction and spoke about being the new Jefferson County Commissioner for District 1. Council member Wennstrom arrived at 6:03pm. Discussion ensued around radio show, County Commissioners at City Council meetings, and City and County relationship. Oath of Office- Police Officer Chief of Police Tom Olson presented the Oath of Office -Police Officer to Peter Klos. Olympic Disposal 2024 Annual Report March 17, 2025 City Council Business Meeting Page 1 of 8 Public Works Director Steve King introduced Waste Connections Site Manager Joey Deese. Joey Deese provided the Olympic Disposal 2024 Annual Report which included Service Notables, Residential Recycling, Residential Yard -waste and MSW, Commercial Recycle and MSW, Roll -off MSW Tons, and Donations. In response to Council's clarifying questions Joey explained Municipal Solid Waste (MSW), new customers, glass recycling, downtown overflowing garbage cans process, and sticker with phone number on garbage can. CITY MANAGER'S REPORT City Manager John Mauro provided the City Manager's Report which included PT Main Street 40th Celebration, Shorelines Open House, new staff, directional drilling on Water Street, retirements, and the passing of John McDonagh. COMMENTS FROM THE PUBLIC Public comment Artis spoke about Admiralty Apartments and downtown paid parking. Reneene spoke about Admiralty Apartments and downtown paid parking. Scott Walker spoke about downtown paid parking. Bobby spoke about downtown paid parking. Maggie spoke about creating an urban rest stop with available healthcare. Staff or Council response, as needed EXECUTIVE SESSION: PURSUANT TO RCW 42.30.110(1)(1) TO DISCUSS WITH LEGAL COUNSEL REPRESENTING THE AGENCY LITIGATION OR POTENTIAL LITIGATION (APPROXIMATELY 20 MINUTES) Mayor Faber stated the Council will go into an Executive Session Pursuant to RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency litigation or potential litigation for approximately 20 minutes. Action will follow on the agenda. Council went into Executive Session at 6:57pm. Council came out of Executive Session at 7:17pm. Mayor Faber stated they will extend Executive Session for an additional 5 minutes. March 17, 2025 City Council Business Meeting Page 2 of 8 Council went into Executive Session at 7:17pm. Council came out of Executive Session at 7:22pm. CONSENT AGENDA Approval of Bills, Claims and Warrants Approval of Minutes: January 15, 2025, February 18, 2025 2024 4th Quarter Financial Update Authorizing the City Manager to Execute all Contract to Complete the Pink House Restoration Project Not to Exceed $253,000. Resolution 25-007 Approving Final Plat and PUD for Madrona Ridge Phase 1 Application, Located in Jefferson County Tax Parcel NOS: 001091002; 001092005; 001092006; 973800201; 973800301. Authorizing the City Manager to Sign an Easement as the Grantee and the Associated Agreement Motion: Owen Rowe moved to approve the consent agenda. Monica MickHager seconded. Vote: motion carried unanimously, 7-0 by voice vote. OLD BUSINESS Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code Planning and Community Development Director Emma Bolin and Long Range Planner Adrian Smith presented Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code which included previous presentation, public hearing, requirement of Shoreline Planning Grant, timeline, and staff recommendation. Public comment: There was no public comment. Discussion ensued around changes and clarifications, easier read, appreciation for changes, buffer and setback numbering error, and links. Motion: Monica MickHager moved to approve Ordinance 3348 Amending the Critical Areas Ordinance Codified in Chapter 19.05 of the Port Townsend Municipal Code Ben Thomas seconded. March 17, 2025 City Council Business Meeting Page 3 of 8 Vote: motion carried unanimously, 7-0 by voice vote. NEW BUSINESS Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date Due to active Ethics Complaints Mayor Faber„ Council member Wennstrom, Deputy Mayor Howard, and City Manager John Mauro recused themselves and left room for the discussion and vote. City Attorney Alexandra Kenyon stated the recusal would not need to happen for a legal reason but rather an optics reason and is a choice by staff and Council members. Council member MickHager has been made Presiding Officer for discussion and vote on New Business Item: X.A Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date. Council member Rowe and City Attorney Alexandra Kenyon presented Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective Date which included Culture and Society review, last fall decision re: ethics complaint, memo from Phil Olbrechts regarding changes and improvement suggestions,, Culture and Society Committee tasking, investigations conducted by Hearing Examiner, imposing penalties, and no legal requirements. In response to Council's clarifying questions Council member Rowe and staff explained if changes are applied to current ethics complaints, importance of standing requirements, out of state filings, other jurisdiction standing requirements, definition of "frivolous", statute of limitations, completeness criteria, penalties, 1 year vs. 3 years for statute of (limitations, date or discovery of violation, and reapplication. Public comment: David Johnson spoke about Code of Ethics concerns. Julie Jaman spoke about Code of Ethics concerns. Discussion ensued around City Manager/Council complaints, Clerk process in deeming incomplete/complete, fee, long term relationship people have with the city, current or past relationship with the city, waiving Council Rules, 3 years to 1 year, and appearance of fairness. Motion: Ben Thomas moved to change language under 2.80.030 Statute of Limitations to state, "...the City Clerk no later than 3 years from the alleged date of the violation or March 17, 2025 City Council Business Meeting Page 4 of 8 1 year from discovery of violation." Owen Rowe seconded. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Discussion continued around removing the word "frivolous". Motion: Monica MickHager moved to change the sentence to take out two words, the word" frivolous" twice and would like this sentence to read in the ordinance, "No person shall knowingly file a false complaint or a false report of a violation of this Code of Ethics". Ben Thomas seconded. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Discussion ensued around penalties, rejecting the complaint, and complainant being free to resubmit. Motion: Ben Thomas moved to add, "...though the complainant is free to refile." Owen Rowe seconded. Discussion ensued around criteria for completeness being clear, appearance of fairness, standing, and Clerk letting complainant know what is missing. Council member Thomas withdrew his original motion. Motion: Ben Thomas moved to have wording state, "shall reject the complaint with written rationale and the complainant is welcome to resubmit. " Owen Rowe seconded. Discussion ensued around suggested language for motion. Council member Thomas withdrew his motion.. Motion: Ben Thomas moved to update wording to state "...reject in writing including rationale for the rejection. The complainant may resubmit the complaint with the missing information." Owen Rowe seconded. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused.. Discussion ensued around complainant signing under oath process, "current or former", and living outside of City. Motion: Monica MickHager moved to change sentence to state, "a complainant must demonstrate that they hold a current city business license, are currently employed in within the city, have done business with the city, or a current or past resident, or property owner within the city. "Ben Thomas seconded. March 17, 2025 City Council Business Meeting Page 5 of 8 Discussion ensued around what "doing business" means, "done business with the city", and making them not just current. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Motion: Owen Rowe moved to waive Council Rules and approve Ordinance 3349 Amending Port Townsend Municipal Code Chapter 2.80 Relating to the City's Code of Ethics as amended, Providing for Severability, and Establishing an Effective Date Neil Nelson seconded. Discussion ensued around waiving the rules, addressed a lot of concerns, can be reviewed later, and not applying retroactively. Vote: motion carried unanimously, 4-0 by voice vote. Amy Howard, David Faber, and Libby Wennstrom were recused. Council went into break at 8:52pm. Council came out of break at 8:55pm. Tyler Street Bid Award Public Works Director Steve King presented the Tyler Street Bid Award which included receiving 6 bids, project history, cement treated base, better bids than expected„ lowest budder Northern Asphalt, add $178k of Transportation Benefit District Funding, what grant does not pay for, amazing project, fixing huge liability, project details, sidewalk work, significant cost increase, budget expenditure amount should be $178k, $750 arts contribution, three options, Farmers Market, and overlay not being an option. In response to Council's clarifying question staff explained Transportation Benefit District funds, other street project, how many years until street will have to be addressed again, typical amount to send something out bid, 1 % for the arts, groundbreaking date, and conversations with Farmers Market. Public comment: There was no public comment. Motion: Ben Thomas moved to award the Tyler Street Paving project to the lowest responsive bidder, Northern Asphalt and authorize a budget amendment in the amount of $178,000 of additional Transportation Infrastructure Funded funds. Owen Rowe seconded. March 17, 2025 City Council Business Meeting Page 6 of 8 Discussion ensued around excitement to spend Transportation Benefit District Funds, the importance of asking for money, reality of increased costs on projects, Polk St property owned by Mayor Faber, good feedback from community, appreciation for Transportation Benefit District, importance of communications, and spelling out acronyms. Vote: motion carried unanimously, 7-0 by voice vote. Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) City Manager John Mauro and Alexandra Kenyon presented Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) which included setting hearing date, receivership, dissolving Fort Worden PDA, difficult path forward, public comment, June hearing date, and Agenda Bill. In response to Council's clarifying questions staff and Council member Wennstrom explained draft dissolution statement figures. Public Comment: There was no public comment. Discussion ensued around recusals, current accounts receivable, and utility payment. Council member MickHager recused herself from the vote due to her involvement on the KPTZ board. Motion: Owen Rowe moved to approve Resolution 25-008 Noticing a Public Hearing Date to Consider Dissolution of the Fort Worden Lifelong Learning Public Development Authority (PDA) Libby Wennstrom seconded. Vote: motion carried unanimously, 6-0 by voice vote. Monica MickHager was recused. PRESIDING OFFICER'S REPORT Mayor Faber provided the Presiding Officer's Report which included upcoming meeting and pausing work on parking management. Motion: Amy Howard moved to direct staff to cease work on the parking plan until later directed. Owen Rowe seconded. Discussion ensued around needing a motion. Public comment: There was no public comment. Vote: motion carried unanimously, 7-0 by voice vote. March 17, 2025 City Council Business Meeting Page 7 of 8 SUGGESTIONS FOR FUTURE AGENDAS There were no suggestions for future agendas. COMMENTS FROM COUNCIL There were no comments from Council. EXECUTIVE SESSION: PURSUANT TO RCW 42.30.110 (1)(G) PERFORMANCE OF A PUBLIC EMPLOYEE (APPROXIMATELY 10 MINUTES) (THIS ITEM WAS REMOVED DURING CHANGES TO THE AGENDA) EXECUTIVE SESSION: PURSUANT TO RCW 42.30.110(1)(1) TO DISCUSS WITH LEGAL COUNSEL REPRESENTING THE AGENCY LITIGATION OR POTENTIAL LITIGATION (APPROXIMATELY 10 MINUTES) Mayor Faber stated the Council will go into an Executive Session Pursuant to RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency litigation or potential litigation for approximately 10 minutes. Council went into Executive Session at 9:34pm. Council came out of Executive Session at 9:44pm. Mayor Faber stated they will extend Executive Session for an additional 10 minutes. Council went into Executive Session at 9:44pm. Council came out of Executive Session at 9:54pm. No action was taken. ADJOURN There being no further business, the meeting adjourned at 9:54pm. Attest: s,, r AI a R66rigues City Clerk March 17, 2025 City Council Business Meeting Page 8 of 8