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HomeMy WebLinkAbout101909CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Attorney John Watts, City Manager David Timmons, City Clerk Pam Kolacy, Public Works Director Ken Clow, Development Services Director Rick Sepler, and Grants Administration Ken Horvath . CHANGES TO THE AGENDA City Manager David Timmons announced there would be an Executive Session at the end of the meeting, with no expected action. PRESENTATION: MAIN STREET QUARTERLY UPDATE Susan Windle, Board President of Main Street, presented their quarterly report. She also noted they have requested an increase in their 2010 budget. COMMENTS FROM THE PUBLIC None. CONSENT AGENDA Motion: Catharine Robinson moved to approve the consent agenda with corrections as follows to minutes of September 21 and October 5, 2009. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. Approval of Bills, Claims and Warrants Vouchers 109273 through109391 (plus EFTS) in the amount of $854,036.05 Approval of Minutes: September 21, 2009 and October 5, 2009 September 21, Page 4, paragraph five, should say "...price is considerably more...." Page 6, paragraph one, correcting a misspelling. October 5 minutes, page 3, paragraph nine should read "...and the location in the City Council Business Meeting October 19, 2009 Page 1 of 8 Business Park will be less accessible in the coming year due to the Upper Sims construction." Page 4, paragraph seven to correct spelling "Eyman Initiative." Page 5, paragraph one, the vote should reflect a roll call versus a voice vote. The following motion should also be inserted at paragraph 7 "Motion: George Randels moved to approve first reading of Ordinance 3023 amending Port Townsend Municipal Code, Chapter 8.04 -Animal Control, concerning fees and updating other provisions to remove outmoded references. Kris Nelson seconded. Vote: motion carried unanimously 6-0 by voice vote." Page 6, paragraph five, second line should read "trip and found that trails were being created adjacent to their property." PUBLIC HEARING(S): None. UNFINISHED BUSINESS Ordinance 3023, Amending Port Townsend Municipal Code 8.04, Animal Control, Concerning Fees and Updating other Provisions to Remove Outmoded References City Attorney John Watts gave the staff presentation noting this is a follow up item from the previous meeting. This ordinance makes the PTMC consistent with the County code. The most significant change is the increase in fees, which were last changed in 1990. Other changes were minor housekeeping edits. There was no public comment. Ms. Nelson suggested dates be included to reflect when the fees were passed. She also asked if the County allows for a CPI increase. Mr. Watts responded that he is uncertain when the County last updated their fees, possibly two years ago. He believes the County adjusts fees by resolution similar to Council. Mr. Randels suggested bringing to the County's attention the lack of a penalty fee and fee for destruction of injured or diseased animals (Exhibit A, Pg. 1, strikes a $20 destruction fee). Mr. Timmons suggested he discuss these fees when renewing the Animal Services contract with the County. There was no public comment. Motion: Catharine Robinson moved to approve Ordinance 3023, Amending Port Townsend Municipal Code, Chapter 8.04, Animal Control Concerning Fees and Updating other Provisions to Remove Outmoded References. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. NEW BUSINESS City Council Business Meeting October 19, 2009 Page 2 of 8 FEMA Hazard Mitigation Awards (3) Acceptance Ken Horvath of Grants Administration announced the receipt of three FEMA hazard mitigation grants to seismically retrofit Taylor Street tunnel lids/sidewalks, the Carnegie Library, and Water Street (to the extent possible). Council is being asked to provide City Manager authorization to execute these contracts for both the first phase of the grants and the construction phase. Mr. King clarified that we are committing to the first phase, but the figures before Council are for all three projects with two phases to each project. Mr. Timmons confirmed. Mr. Horvath reviewed the table of grants printed in the agenda bill. Mr. Timmons noted that many cities are not aware of the availability of the FEMA funding and added that while cities can often survive catastrophic events, they may not survive the recovery. There is a potential for a high return on the investment of matching funds in these projects. Public Comment: Bill Maxwell, chair of the Library Advisory Board, spoke in support of the recommended motion. There has been an increase in demands for services at the library. The seismic protection is important, but there is a larger need for a library expansion. Ms. Sandoval expressed concern about the potential of not following through with an end vision. To ensure Council understands the timing and funding issues, she asked for more information about existing debt commitments at the budget workshop. She also requested staff explore the timing of funding needed for these grants as well as funding to other partners. Mr. Timmons noted that doing nothing to the Carnegie Building would put the building at risk, but phasing alternatives would be available to Council in the next year. Motion: Laurie Medlicott moved to approve Resolution 09-037, 09-038, and 09- 039 authorizing the City Manager to accept the Hazard Mitigation Grants to seismically retrofrt the Taylor Street tunnel lids, the Water Street tunnel lids from Adams to Madison, and the Seismic Retrofit of the Carnegie Library building. George Randels seconded. Vote: motion carried unanimously, 7-0 by voice vote. Agreements with the Jefferson County Community Foundation to Create Funds for Public Art and Artist Scholarships City Attorney John Watts gave the staff presentation on the proposed Arts Commission agreements with the Jefferson County Community Foundation. One agreement would establish a Public Art Fund to provide an option for private donors and allow the foundation to ensure funds for City projects are City Council Business Meeting October 19, 2009 Page 3 of 8 used consistent with the donor's wishes. The scholarship fund would use donations to provide scholarships for supplies, education and materials for practicing or emerging local artists. The Arts Commission would make recommendations to the foundation for use of the donated funds. The foundation would then fund the program directly. The fees would come out of foundation donations (roughly 1-2%). Public comment: Stan Rubin, Port Townsend Arts Commission Chair, spoke in favor of Council approving these agreements. The Arts Commission is excited about the possibilities for future projects. Mr. King asked what would govern the foundation's determination of whether a project was appropriate. Mr. Watts noted agreements would be established between the donor and the foundation. Donations received would be held until the City agreed it was a good time to engage in the project. As stated in the Public Art Policy, City Council would determine whether to accept the gift. Mr. Randels disclosed that Stan Rubin is his brother in law. Ms. Nelson disclosed she is a member of the Jefferson County Community Foundation. Mr. Welch asked to clarify when items would come before Council. Mr. Watts noted any project with strings other than a support and encouragement would come before Council. Motion: George Randels moved to approve authorizing the City Manager to enter into agreements with the Jefferson County Community Foundation to create funds for public art and artist scholarships. David King seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3025, Amending Port Townsend Municipal Code 2.64.035, Shared Leave City Attorney John Watts gave the staff report. Adoption would allow the City Manager to help the employees through extraordinary situations by authorizing additional leave time. This would not cost the City additional wages as leave time is donated by other employees. Mr. Timmons noted situations where shared leave would be used are rare. Mrs. Medlicott clarified how much leave in weeks this would provide. Mr. Timmons noted there is no cap on the amount to be given. However, the amount of leave granted would be provided based on doctor recommendations. Motion: George Randels moved to approve waiving Council rules and adopting Ordinance 3025, Amending Port Townsend Municipal Code 2.64.035, Shared City Council Business Meeting October 19, 2009 Page 4 of 8 leave. David King seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ordinance 3026, Amending Procedures in PTMC Chapters 1.14 -Uniform Appeal Procedure, 2.14 -Hearing Examiner, 19.04 - SEPA, and 20.01 -Land Development Administrative Procedures to Change Appeals from the City Council to the Hearing Examiner, and Updating Processes and Removing Outmoded References City Attorney John Watts reviewed that this ordinance would amend the administrative process in the Port Townsend Municipal Code, removing the City Council as the appeals body in certain land use codes. Amendments only involve process, so there are no changes to regulations or development standards to be determined. In a recent meeting with the Washington Cities Insurance Authority, their strong recommendation was that the City use a hearing examiner in all land use decisions and appeals. They associate lower liability risk with jurisdictions using hearing examiners for proceedings. Appeal from the hearing examiners decision would be to Superior Court. Other modifications are proposed to remove outmoded references to the Planning commission and other minor clarifications. Mr. Watts responded to questions about the cost of a hearing examiner versus City Council hearing. A hearing examiner is more familiar than Council with running a hearing. At a recent Council hearing, there were also many procedural matters that became time consuming. He believes the Gity would be ahead by having appeals heard by the hearing examiner. Ms. Nelson stated that it seems reasonable to have the final appeal on a large project before the governing body. Mr. Watts noted a Council decision on land use matters could have liability for the City. Mr. Sepler said that the Council would still be able to request reconsideration by the hearing examiner of a matter. Mr. Randels expressed concern about his ability to voice his personal opinion as a citizen on quasi-judicial matters that might be discussed before Council. Mr. Welch added that this does remove Council from some decision-making responsibility. Ms. Sandoval noted this is an important item she became aware of early on during risk management training as a councilor. She stated her previous experience with an appeal to council, which was challenging. She also noted removing the appeal process to the Council could be viewed as a barrier between citizens and elected officials; however she noted that the Council's primary responsibility is to establish the regulations and policies guiding the City. She stated that unclear or dated regulations are a source of concern and the Council should be working on these. Mr. Sepler said he would distribute the City Council Business Meeting October 19, 2009 Page S of 8 current log of potential issues kept by staff which would require code revisions. Mr. Randels believes this topic deserves careful consideration, possibly by a committee. Ms. Robinson said if we go forward with this ordinance, it puts more pressure on Council to be proactive with policymaking. Ms. Nelson agreed and stated that no matter how good the policy, Council understands the intent of the policy, whereas a hearing examiner may not. Mr. Welch said he shares concerns about losing the intent, but the larger concern in his mind is the possibility of losing the intent in the pressure of a hearing. This decision would not preclude reviewing the policy at the council level. Mr. King concurred with Ms. Robinson's remarks about the critical role of the Council in policy making versus quasi-judicial decision making. Mr. King said if Councilors cannot discuss a matter due to quasi-judicial restraints, it precludes Council from doing its job. Mr. Randels suggested remanding the ordinance, perhaps to a committee. Ms. Medlicott noted that she believes the issue is significant and should be discussed at a full Council workshop. Ms. Sandoval concurred. Ms. Medlicott said she would support this as a workshop topic. Ms. Sandoval concurred. Motion: George Randels moved refer the matter of Ordinance 3026, Amending Administrative Procedures in Port Townsend Municipal Code Chapters to the full Council as a workshop topic. Laurie Medlicott seconded. Vote: motion carried unanimously, 7-0 by voice vote. Farmers Market -Memorandum of Understanding Mr. Sepler reviewed the packet materials. In response to Mr. Randels, Mr. Timmons noted that the agreement between the City and the Market is on a year to year basis. He noted that the Market has reviewed other sites due to the growth of the Market in recent years. He noted that neighborhood concerns have been increasing with the growth of the Market. Mr. Timmons also noted that one of the Market's concerns is the long term stability of the Mountain View site. Mrs. Medlicott stated she has heard from many neighbors that the Market is no longer compatible in the present space. She also questioned signing an MOU relating just to the Market's process. City Council Business Meeting October 19, 2009 Page 6 of 8 Motion: David King moved to authorize the City Manager to sign a Memorandum of Understanding with the Port Townsend Farmers Market establishing a process that will evaluate the potential relocation of the market to the Mountain View site. Kris Nelson seconded. Vote: motion carried, 6-9 by voice .vote, Laurie Medlicott opposed. US Forest Service Property Negotiation -Water System Mr. Timmons reviewed the packet materials. He noted that acquiring lands occupied by the city water system in the vicinity of the Quilcene River system would avoid some of the lengthy and costly permit renewal negotiations in the future. He noted this would be a lengthy process no matter how it is done. Mr. Randels noted that this does not create more water for the City but changes the process by which the limited amount of water we have is distributed. There was no public comment. Motion: George Randels moved to authorize the City Manager to negotiate acquisition of the property occupied by the City water system in the vicinity of the Quilcene River system with the US Forest Service, with final agreement on terms subject to City Council approval. Kris Nelson seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER'S REPORT Volunteer Advisory Board Appointment Motion: Catharine Robinson moved to approve the Mayor's recommendation and confirm the appointment of Will O'Donnell to frll an unexpired term (At Large Position) on the Lodging Tax Advisory Committee (Position 3, term expires May 9, 2090). Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. Ms. Sandoval reminded the Council that a meeting with the County Commissioners has been set for November 5. She asked how the Council felt about having it be a growth management meeting and bringing other players in as well. Items to be scheduled would include airport development, Glen Cove, and regional land use issues. She proposed all parties be provided at some point with materials such as the Bill Graham's presentation to WRIA regarding water projections, the Olympic Gravity System history, and an outline of issues. Mr. Timmons stated there are also several relevant studies. Mr. Watts stated he will review the existing rules of procedure regarding the joint growth management committee. Mr. Timmons stated the joint meeting would be a preliminary discussion regarding issues. City Council Business Meeting October 19, 2009 Page 7 of 8 CITY MANAGER'S REPORT Mr. Timmons reported on the following. Response to the call for artists for 1 % for Arts has been significant. County Parks situation -County is no longer caring for neighborhood parks. Judy Surber attended a Housing Summit and may have a lead on an affordable housing developer. Water supply update. STANDING COMMITTEE REPORTS MINUTES INCLUDED FROM THE FOLLOWING COMMITTEES: COMMUNITY DEVELOPMENT & LAND USE -SEPTEMBER 17, 2009 FINANCE & BUDGET -SEPTEMBER 24, 2009 (DRAFT) SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND(OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION At 9:22 p.m., Mayor Sandoval announced that the Council would retire to executive session to discuss potential litigation. She stated the session would last about 20 minutes and no action would be taken after the session. ADJOURN The meeting reconvened at 9:45. There being no further business, the meeting was adjourned at 9:46 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting October 19, 2009 Page 8 of 8