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HomeMy WebLinkAbout03192001CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF MARCH 19, 2001 The City Council of the City of Port Townsend met in regular session this 19th day of March 2001, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Geoff Masci, Joe Finnie, Allen Frank, Syd Lipton, Vern Garrison, Bill Wolcott, and Alan Youse. Staff members present were City Manager David Timmons, City Attorney John Watts, and Deputy Clerk Sheila Spears. CHANGES TO THE AGENDA Mr. Masci requested adding to the Presiding Officer's Report: E. Appointment of Planning Commission members. PRESIDING OFFICER'S REPORT Mayor Masci read a proclamation recognizing Port Townsend High School Mock Trial Week. The proclamation was accepted by Student Aster Grahn. Mayor Masci read a proclamation recognizing Port Townsend High School Knowledge Bowl Week. The proclamation was accepted by Coach Jim Guthrie and team members. The Oath of Office was administered by the City Attorney to Cao Triet "Dan" Huynh, as the city's newest police officer. Chief Anderson recognized Officer Ed Green as Officer of the Year, and Councilmember Youse commended his performance. Officer Green expressed gratitude for the honor accorded him by his peers. The Mayor appointed James Irvin and Lyn Hersey to the Planning Commission. CITY MANAGER'S REPORT "F" Street Improvement Project Mr. Timmons announced that the 90% design drawings of the "F" Street improvement project will be presented an a public open house to be held on March 26, 2001, at the Pope Marine Park Building from 3:00 ;.m. to 8:00 p.m. There will be no formal presentation; however, staff will be on hand to answer questions and hear comments. City Council Meeting Minutes 1 March 19, 2001 Economic Status of Jefferson County Mr. Timmons announced an economics seminar by the WSU Jefferson County Cooperative Extension and the Economic Development Council of Jefferson County, "Economic Status of Jefferson County." The information being presented will be looking at the Jefferson County economy, discussing what numbers are available, what kinds of analysis are available, and what sources we can look to for long-term needs. The seminar will be held on Thursday, March 29, 2001; 10:30 a.m. to 1:00 p.m. at WSU. Coast Guard Resource Reallocation The Coast Guard will be scheduling a public hearing in April for the purpose of discussing relocation plans and providing a fast response boat in Port Townsend. Proposal for Paid Reserve Officer Program Mr. Timmons summarized the Police Chiefs proposal to initiate a paid Reserve Officer Program for the following reasons: 1) to increase the'department's ability to recruit and retain reserve officers; 2) program would reduce number of regular officer overtime hours and savings would support this program; and 3) program will enable department to fully staff ferry traffic detail which is paid for by the State. The reimbursement rate from the State Ferries is negotiated and will probably not be impacted by the proposal. Council questions included: 1) overtime hours for reserve time; 2) State Patrol taking care of highway and ferry system; 3) contractual union obligations for overtime for the officers; and 4) keeping track of the cumulative effect to our budget and the Chiefs time. Staff response included: 1) if our overtime budget were exceeded in a year's time, we could handle it. It is expected that our overtime budget will be decreased. Propose trying it for a year and then reevaluating at the end of that time; 2) State Patrol doesn't have the resources on the peninsula to provide ferry detail. This is a workable solution and a positive approach to the situation, and should cover our costs; 3) no contractual union obligations for overtime for officers; and 4) geographical proximity of the State Patrol officers is too far away in a way to help us. Mr. Timmons said implementation of the program would require an ordinance amendment because of the budget implications. The members of the Public Safety Committee agreed that that this doesn't need to go through Committee, and asked that staff make a presentation and bring forward an ordinance to the next council meeting. COMMENTS FROM THE PUBLIC (re consent agenda items and items not on the agenda) Bill Dentzel and Claude Bourdin: asked for support in finding a permanent site to continue the carousel project, and said that the Pope Marine Park site worked well. City Council Meeting Minutes 2 March 19, 2001 Mr. Wolcott invited Messrs Dentzel and Bourdin to attend the March 27 Community Development Committee meeting to discuss the project. Nancy Dorgan: commented on the City Council and the Community Development Committee's work plans. John Ebner, Vice Chair of COPAB: asked for a clarification for why the Arts Commission and COPAB were not on the agenda. Mr. Watts responded that at the City Council work session there was discussion about them and the comments from council indicated that they are not ready to take action. Action on both of these committees will be brought back before council in the future. CONSENT AGENDA Motion: Mr. Frank moved for approval of the following items on the consent agenda with a correction to the March 5 minutes (Mr. Finnie was present, just recused from one item). Mr. Youse seconded. Approval of Bills, Claims and Warrants Vouchers 75359 through 75567 in the amount of $544,977.92. Bo Approval of Minutes Regular meeting of March 5 Vote: The motion carried unanimously, 7-0 by voice vote. UNFINISHED BUSINESS RESOLUTION 01-011 A Resolution of the City Council of the City of Port Townsend Denying Application for Conditional Use Permit, Application LUP00-039 Staff Presentation Mr. Watts summarized the draft resolution denying the Conditional Use Permit for a 74- unit congregate care facility. He said the applicant has failed to meet the conditions of the SEPA determination as modified by the appeal. He requested that on page 2 of the draft resolution, the first "Whereas" and No. 2 be removed, as the applicant has submitted an affidavit with respect to ownership of the property. Public Comment: None Motion: Mr. Frank moved to approve Resolution 01-011 as amended by the City Attorney. Mr. Garrison seconded. City Council Meeting Minutes 3 March 19, 2001 Council Deliberation and Action Mr. Youse recused himself from the deliberations, stating he had not been present for the initial action. Vote: The motion carried, 6-0 by voice vote, with Mr. Youse recused. ORDINANCE 2760 An Ordinance of the City Council of the City of Port Townsend, Washington, Repealing and Amending Certain Sections of Title 2, Administration and Personnel, of the Port Townsend Municipal Code, Eliminating Chapters: 2.28 - Park and Recreation Commission; 2.30 - Library Board; 2.70 - Nonmotorized Transportation Advisory Committee; and Amending Chapter 2.72 - Historic Preservation Committee; and Chapter 2.74 - Lodging Tax Advisory Committee; also Repealing Certain Section of Title 20, Administration of Land Development Regulations, Section 20.06 - Board of Appeals Staff Presentation Mr. Watts gave a brief history of the proposed ordinance and related resolutions. He said that no action is scheduled at this time about whether to maintain the Arts Commission as a citizen advisory board, or what the future of the Community Oriented Policing Advisory Board should be. He recommended adoption of amended Ordinance 2760. Public Comment: None Motion: Mr. Frank moved to adopt amended Ordinance 2760. Mr. Wolcott seconded. Friendly Amendments: Messrs Masci and Wolcott moved to make the following amendments: a) on page 7, No. A. 3. The HPC serves as a citizen advisory committee and not as a quasi-judicial decision-making body to tt review proposals to develop, demolish or change development within the historic district pursuant to Chapter ! 7.38 8__~0 PTMC, and provide recommendations to the Building and Community Development Department (BCD) to assist in city review of such projects. In exercising its authori,9' to ~;~; .... ~,,; ......... ;~ .... ~ ,~ ,, a quasi judicial decision making body. BCD staff and the Planning Commission shall consider all HPC comments and recommendations in reviewing permit annlieatiane ..... ~; ...... ' :veight to '~ ....... ,o ~ recommendationx, b) on page Z No. B. 2., Move "within the historic district" to the beginning of the sentence, c) on page 8, No. 8., Move "as they relate to historic resources within the historic district" to the beginning of the sentence. The amendments were accepted by the maker of the motion. Friendly Amendment: Mr. Lipton moved to add "and any revisions" after "Design guidelines" in the third sentence. The amendment was accepted by the maker of the motion. Vote: The motion, as amended, carried unanimously, 7-0, by roll-call vote. City Council Meeting Minutes 4 March 19, 2001 Mr. Wolcott was excused from the meeting at 7:40 p.m. RESOLUTION 01-012 Resolution of the City Council of the City of Port Townsend, Washington, Providing for Citizen Advisory Boards and Amending City Council Rules of Procedure Adopted June 19, 2000 Mr. Watts explained that the City Council 1) desires to form citizen "advisory boards" by resolution to allow for more flexibility and specific tasking on projects; 2) to generalize provisions applicable to all citizen advisory boards; and 3) modify Article 4 of City Council Rules. He recommended one amendment to the draft resolution which would strike the second to the last sentence from 4.1 on page 1 which reads "Most Council committees are replaced with joint task groups which have steering leadership shared by a council member, a citizen at large and a staff member." Public Comments Nancy Dorgan: raised questions hoping to promote council discussion, and suggested changes to the proposed resolution. Motion: Mr. Garrison moved to approve Resolution 01-012, as amended by the City Attorney. Mr. Youse seconded. Council Discussion Included: 1) clarification on Section 4.2.9 Liaisons and Representatives; 2) clarification on Section 4.2.11 Meetings; and 3) whether city manager appointments have some responsibility to standing committees or to council. Staff Response Included: 1) if adopted it simply says that a council representative may be available as a liaison, but not necessarily required. The Council, at formation, would be able to indicate what position the council member would take - liaison or board member. Unless the Council actually appoints a liaison, this doesn't come into effect; 2) the intent is to provide the best possible clarity as to whether the open meetings requirements would apply not only to advisory boards but also to sub-committees or task forces formed by the advisory board; and 3) for administrative groups formed by the city manager within the purview of a standing committee, the manager would notify the standing committee. Friendly Amendment: Mr. Masci moved to strike the next to the last sentence of Section 4.1. The amendment was accepted by the maker of the motion. Vote: The motion, as amended, carried unanimously, 6-0 by voice vote. RESOLUTION 01-013 A Resolution of the City Council of the City of Port Townsend, Washington, Establishing the Library Advisory Board as a Citizens Advisory Board City Council Meeting Minutes 5 March 19, 2001 Mr. Watts presented the resolution saying that the effect is to re-form the Library Board under this resolution. Public Comments: None Council Deliberation and Action Motion: Mr. Frank moved to approve Resolution 01-013 with the following amendment: In Section 2. B. - add 6. Performance measurements o. f the library operation. Mr. Garrison seconded. In response to comments, Mr. Watts said state law is specific that the library board consists of 5 members. Vote: The motion carried unanimously, 6-0 by voice vote. RESOLUTION 01-014 A Resolution of the City Council of the City of Port Townsend, Washington, Providing Composition, Terms of Office and Procedural Rules for the Lodging Tax Advisory Committee Mr. Watts presented the resolution. Public Comments: None Motion: Mr. Frank moved to approve Resolution 01-014. Mr. Garrison seconded. The motion carried unanimously, 6-0 by voice vote. RESOLUTION 01-015 A Resolution of the City Council of the City of Port Townsend, Washington, Establishing the Park and Recreation Advisory Board as a Citizen Advisory Board Mr. Watts presented the resolution saying that the scope of work and task description are the same at they appeared in the PTMC. Public Comments Barbara McColgan: The current Park and Recreation Commission proposed a difference in the scope of work and residency requirements. She said it is important that there is an interface between the City Council and the Board, and the Board should provide citizen input to City Council on all matters of city parks and open space. She suggested an amendment to reflect emphasis of citizen input. She stated that the new Board will be making recommendations for updating the current Parks & Recreation Functional Plan, and questioned why the suggestions submitted to council in a March 8 memo from the Commission were not taken. She proposed the following amendments: 1) adding to Section 2.A - "a vehicle for citizen input to City Council, and to provide advice and oversight on the implementation of the Plan"; 2) membership be reduced to seven; 3) all City Council Meeting Minutes 6 March 19, 2001 members be city residents; 4) Golf Course Committee be maintained under the Park and Recreation Advisory Board but only be involved with the physical state of the course, and not the lease agreements. Mr. Timmons said Council could choose to include or exclude the Golf Course Task Force, and recommended that it be continued as a part of the Park and Recreation Advisory Board. He urged postponing action on the resolution until more wordsmithing could be done. Motion: Mr. Frank moved to adopt Resolution 01-015 with the amendments proposed by Ms. McColgan. Council Discussion Included: 1) either replace Section 2.A or add two bullets; 2) supports reducing the membership to seven; 3) members of the Board should reside in the City of Port Townsend; 4) Section 5 should be subject to the general rules; and 5) adopting the resolution as an interim Ms. McColgan said there is presently one board member who doesn't live in the City. Mr. Watts said there is a default provision in the rules if Section 5, Residency or Other Special Member Requirements, is removed. Motion: Mr. Frank modified the motion to: move to adopt Resolution 01-015 on an interim basis. To clarify the motion, Mr. Watts re-stated the motion that was being voted on: 1) membership in Section 4 is changed to say "The board shall consist of seven members;" and 2) add two sentences to Section 2, as follows: The Board will provide a vehicle for citizen input to the city council on all matters pertaining to parks, recreation and open space. The board will provide advice, oversight, and evaluation on the implementation of the Port Townsend Parks, Recreation and Open Space plan. Vote: The motion carried 4-1, by voice vote, with Mr. Youse opposed and Mr. Lipton abstaining. RESOLUTION 01-016 A Resolution of the City of Port Townsend, Washington, Providing Composition, Terms of Office and Procedural Rules for the Historic Preservation Comxnittee Mr. Watts presented the resolution. Motion: Mr. Garrison moved for adoption of Resolution 01-016, with the following amendment: adding "contractors or developers" to the end of the second paragraph in Section 4. Mr. Youse seconded City Council Meeting Minutes 7 March 19, 2001 Public Comments: None Council Deliberation and Action Friendly Amendment: Mr. Masci moved to strike Section 4, Residency or Other Special Membership Requirements. The amendment was accepted by the maker of the motion. Vote: The motion carried unanimously, 6-0 by voice vote. RESOLUTION 01-017 A Resolution of the City Council of the City of Port Townsend, Washington, Establishing the Nonmotorized Transportation Advisory Board as a Citizen Advisory Board Mr. Watts presented the resolution, saying that the study session discussion included discussion on the future of the committee. He recommended that the Board be established by resolution at this time but that it could be replaced if council forms a new transportation committee. If a new transportation committee is formed then this committee could become a reporting committee to the transportation committee. Public Comments Nancy Dorgan: expressed that there is inconsistency in who the committees actually report to, and made suggestions to cover future options. She said there are three specific representatives on the existing committee and if the membership were reduced to seven, that would leave only four other members. She requested retaining nine members. Motion: Mr. Frank moved to approve Resolution 01-017 with the following amendment to Section 4, to read "The board shall consist of seven members." Mr. Youse seconded. Council Discussion Included: 1) next step is to decide who those board members will be; 2) lowering the membership would accommodate having a quorum; 3) soon there will be a standing committee of the council dealing with regional transportation issues. The existing Nonmotorized Transportation Advisory Committee has a life expectancy of less than nine months in its present form. It is reasonable to set a lSoard of seven members and allow the Mayor to consider the makeup of the board. Mr. Watts recommended that Section 2.B be stricken. Modified Motion: Mr. Frank moved to recommend that the last sentence of Section 2. B be stricken. The modification was accepted by the maker of the motion. The motion carried unanimously, 6-0 by voice vote. City Council Meeting Minutes 8 March 19, 2001 RESOLUTION 01-018 Resolution of the City Council of the City of Port Townsend, Washington, Recommending that the Board of County Commissioners Form a Jefferson County Animal Shelter Citizens' Advisory Board to Advise and Make Recommendations to Jefferson County on Enhancing Animal Control Services and Animal Welfare Services, and Increasing Public Awareness on these Matters Mr. Watts presented the resolution at the recommendation of Councilmember Youse. Public Comments: None Mr. Youse stated that he didn't want feral cats put down, but if they were sterilized, the population would be reduced. Motion: Mr. Frank moved to approve Resolution 01-018. Mr. Lipton seconded Council Deliberation and Action Mr. Youse stated that Kitsap County has a much larger budget for its animal shelter, and said that an advisory board could assist in ways to team the County and various non- profit organizations to handle problems and goals without using tax payer dollars. Mr. Lipton confirmed that the City pays the County $64,000 for animal services. Vote: The motion carried unanimously, 6-0 by voice vote. RESOLUTION 01-019 Resolution of the City Council of the City of Port Townsend, Recommending that the Jefferson County Board of County Commissioners Adopt an Ordinance Prohibiting the display of Wild and Exotic Animals Mr. Watts presented the resolution at the recommendation of Councilmember Youse. Public Comments: None Council Deliberation and Action Mr. Youse expressed concern that only six council members are present, and requested that the resolution be carried over to the next agenda so that all members could vote. Motion: Mr. ¥ouse moved to postpone action to the next council meeting. Mr. Garrison seconded The motion carried, 5-1 by voice vote, with Mr. Masci opposed NEW BUSINESS Proposed Text Amendments to Title 18, Land Division and Chapter 20.01, Land Development Administration City Council Meeting Minutes 9 March 19, 2001 Mr. Timmons presented the proposals which would 1) allow for property owners to obtain extensions to final plats and short plats; and 2) expand the authority of the Hearing Examiner as the decision maker for Type III land use applications. Both of the proposals are follow-ups to council discussions and there is a requirement for a public hearing, which has tentatively been scheduled for April 2. No public comment accepted tonight, as this is a first touch. The Council set the open-record public hearing for April 2. EXECUTIVE SESSION Mayor Masci announced at 9:10 p.m., that the Council would retire to executive session to discuss matters involving a real estate legal issue and a matter of potential litigation. The session was expected to last approximately 15 minutes with no action anticipated. RECONVENE The meeting was reconvened at 9:38 p.m. ADJOURN The meeting was adjoumed at 9:39 p.m. Attest: Sheila Spears, Deput? Clerk Pamela Kolacy, CMC City Clerk City Council Meeting Minutes 10 March 19, 2001