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HomeMy WebLinkAbout02052001 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF FEBRUARY 5, 2001 The City Council of the City of Port Townsend met in regular session this fifth day of February 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 Joe Finnie, Allen Frank, Vern Garrison, and Alan Youse. Syd Lipton and Bill Wolcott were excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Fire Chief Ed Edwards, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Timmons directed the city council to packet materials conceming the new agenda bill form and procedures for council packets and agenda bills. He noted that the change has been made to facilitate tracking of council business items. Mr. Frank requested that a discussion of the Jefferson Transit Bus Barn be added as item "E" under New Business.. Mr. Frank requested a discussion of EDC funding be added under Unfinished Business as item "A.". Mr. Frank requested the addition of a discussion item regarding affordable housing under New Business ("F"). Mr. Garrison asked for addition of an item regarding the purview of the Community Development Committee. Mr. Masci suggested adding the item to the Presiding Officer's Report. PRESIDING OFFICER'S REPORT CommuniW Oriented Policing Advisory Board (COPAB) Update John Ebner, vice-chair, read a statement prepared by the group at a special meeting. He noted that the majority of the Board had voted to suspend operations until the city council clearly defines its intentions regarding COPAB. He stated that he expects a communication from the council outlining the intent of the council regarding structure, responsibility and reporting structure. He added that the group will probably meet in March to talk about their willingness to continue to serve in their present capacity as an advisory board to the city. City Council Minutes 1 February 5,2001 Intergovernmental meeting date: The consensus of the council was that February 22 was an acceptable date for the next meeting of the intergovernmental meeting of elected officials. Council representatives Frank, Masci and Finnie will attend. Mr. Frank asked when the council would determine their suggested discussion topics. It was determined the item would be added to the agenda of the February 12 study session. Future study session topics Mr. Masci proposed the discussion of citizen advisory commissions as a study session topic; he also proposed a complete discussion of future study session topics be added to tonight's agenda under New Business ("G"). Meetings Mr. Masci reported on meetings he has attended over the last two weeks, including the Jefferson County Indicators meeting with the County Board of Health and the Rural Health Colloquium. Community Development Committee Mr. Garrison read parts of a statement from Mr. Wolcott who could not be present. He stated that affordable housing and economic opportunity are timely issues. Because the council as a whole directs the work of the council committees, the committee seeks a consensus directive to the Community Development Committee. Motion: Mr. Garrison moved that the council task the Community Development Committee to prepare and present back to the council a council policy directive intended to convey council's intentions that the Building & Community Development and the Public Works staff act as facilitators of consistent, predictable and fair application of the community's development codes, regulations, and standards. Mr. Frank seconded. Mr. Finnie noted that he had discussed the issue with Mr. Wolcott. He stated the committee has struggled for three months with issues of council expectation and function of the committee with a decision to focus on priorities which can be accomplished within this calendar year. Little argument has been made against economic opportunity and affordable housing as representing community needs which are appropriate for the committee to address. He supported the authorization of time and energy spent on those two issues with the committee to return to the council with text of a recommendation to be conveyed to the city administration. Vote: The motion carried unanimously, 5-0, by voice vote. City Council Minutes 2 February 5,2001 CITY MANAGER'S REPORT Update on Fire District 6 Interlocal Agreement: Mr. Timmons stated that an agreement will be forthcoming soon, with the probable arrangement being a lump sum payment of $50,000 to the city in 2001. Update on County Regional Services Interlocal Agreement: An agreement has been reached on the issues originally under discussion. Currently the discussion is continuing regarding the potential of other shared services, including fire marshal and building inspection as well as co-location issues. A good cooperative effort is being made with the goal to have agreement in place for this year and begin the process early for 2002 so this situation doesn't occur again. Mr. Timmons stated he should have all the contracts in hand this month. Energy: Mr. Timmons referred to Governor Locke's directive to all municipalities to conserve energy. He has appointed a staff member to direct this effort. COMMENTS FROM THE PUBLIC (regarding items not on the agenda or on the consent agenda) Ed Stoopall: land use issues concerning his property; stated the city is driving up the cost of development through enforcement of regulations. Nancy Dorgan: courtesy at council meetings; particularly statements aimed at People for a Liveable Community. John Lockwood: People for a Liveable Community Flyer; noted the group was publicly invited to answer questions raised by the city council and began to address those questions. He stated the accurate use of the word "demand" (regarding the city council's desire to add an option that would expand Glen Cove beyond 25 acres of light industrial zoning) was taken from a statement by Commissioner Harpole at the August 25, 1999 BOCC workshop. Frieda Fenn: Representing People for a Liveable Commuity, continued discussion of questions raised by last September's flyer. She further discussed the process by which the BOCC included the city's proposal as an alternative in the Comprehensive Plan as well as the alternative to address the status of Port Townsend Paper Company property. She stated that the group stands by the accuracy of the mailer and stated that representatives would continue to use the public comment period to answer the questions which were posed by council members. Forrest Rambo: stated that contracts pending for Main Street, Nancy Borino and Chamber of Commerce should be approved on the consent agenda and he would reserve comments for any that were pulled for discussion. City Council Minutes 3 February 5,2001 Barbara Blowers: affordable housing; stated city building fees are too high and that affordable housing units have been lost to tourism (citing examples such as renovation of the Bishop Victorian Hotel.) Andy Gale: spoke in support of the previous action regarding the Community Development Committee; suggested consideration of development of local improvement districts as part of the affordable housing discusSion. PUBLIC HEARINGS None CONSENT AGENDA Mr. Frank requested the removal of item "E" (Nancy Borino 2001 Marketing Services Agreement) to Unfinished Business. Motion: Mr. Frank moved for approval of the following items on the Consent Agenda. Mr. Garrison seconded The motion carried unanimously, 5-0 by voice vote. Approval of Bills, Claims and Warrants Vouchers 74769 through 74786 and 74769 through 75010 and 75013 through 75014 in the amount of $768,149.12 Approval of Minutes Regular meeting of January 8 Regular meeting of January 16 Special session of January 22 RESOLUTION 01-004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES CONTRACT TO PROVIDE CONSTRUCTION TECHNICAL SUPPORT FOR THE GAINES STREET FORCE MAIN EXTENSION PROJECT. RESOLUTION 01-008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND REFERRING THE REAL SOLUTIONS CANNERY RESTORATION SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT APPLICATION, LUP 01-003, TO THE PORT TOWNSEND HEARING EXAMINER IN ACCORDANCE WITH PTMC 20.01.045 City Council Minutes 4 February 5,2001 MAIN STREET CONTRACT AMENDMENT Authorize the City Manager to execute a contract with Main Street for $15,000, which modifies, based on reduced funding, the year 2001 Scope of Work. (Main Street would no longer provide the City assistance in grant research or writing, work on downtown signage or placement of directional kiosks, or provide research on historic preservation, and would not coordinate downtown parking committee meetings), and changed payment schedule to quarterly (January 1, April 1, July 1, October 1), based on satisfactory performance. CHAMBER OF COMMERCE CONTRACT FOR VISITOR INFORMATION SERVICES Authorize the City Manager to execute a professional services agreement with the Chamber of Commerce for visitor information services for $50,000 for year 2001, and (as part of and in consideration for the services) a lease agreement with the Chamber for use of City property for the visitor information center. UNFINISHED BUSINESS 2001 MARKETING SERVICES AGREEMENT (NANCY BORINO) Motion: Mr. Frank moved to authorize the City Manager to execute a professional services agreement with Nancy Borino for tourism marketing services in the amount of $33, O00 for the year 2001. Mr. Garrison seconded. Mr. Frank stated he removed the item from the consent agenda in order to ask for clarification about the process which determined the amount of agreement and the vendor. He asked if state bid laws applied. Tim Caldwell of the Chamber of Commerce was present to reply. He stated that the current proposed contract is an extension of the contract from year 2000. He stated there may be increased activity in 2001, including meeting with the City Attorney and City Manager over future movie shoots. He stated that although originally funds were set aside for marketing, advertising, press kits, travel writers, etc., it became apparent that the scope of the work was too much to accomplish with volunteers. : City Attorney John Watts stated that the agreement is a professional services contract, which is not subject to competitive bid requirements. He added that most consulting services, with the exception of architects and engineers, are not subject to competitive bid requirements. Mr. Caldwell added that the position was established for part time the first year with the contract amount at $15,000. The funding increased as the number of hours and scope of work increased. He stated that monthly reports by the coordinator are filed and the salary City Council Minutes 5 February 5, 2001 is considered a good value added investment with increasing tourism numbers showing the impact of the efforts of the marketing coordinator. Mr. Finnie added that if the council does not approve the agreement, they would be backing off on an expenditure which as been already approved by the Finance Committee and the entire council through the budget process. Public comment: Forrest Rambo: stated that some of this discussion could have been avoided if council members with questions posed them to the chairperson of the committee before a council meeting. He encouraged council members to talk with colleagues on a routine basis. He also emphasized that the expenditures should not be considered to encourage "tourists," but "visitors" as well. Vote: The motion carried unanimously, 5-0, by voice vote. FUNDING FOR ECONOMIC DEVELOPMENT COUNCIL Mr. Finnie noted that he has replaced Mr. Masci as the council representative to the EDC. Mr. Masci will take Mr. Finnie's place on the PEG Coordinating Committee Motion: Mr. Frank moved to place the approval of $6, 000 allocation to the Economic Development Council on the agenda for the February 20 meeting and to schedule a discussion of EDC's work plan with EDC representatives for either the study session of February 12 or the meeting of February 20. Mr. Youse seconded Public Comment Joanne Saul: asked the council to recognize that Jerry Spieckerman is the co-chair of the EDC; she invited council members to attend the executive team meeting on Thursday. Mr. Timmons noted that council members would not be able to attend and discuss and relevant business without notice of a council meeting in case a quorum attended. Jerry Spieckerman: stated he would be happy to be available to the council whenever they wanted to discuss EDC matters. Vote: the motion carried unanimously, 5-0, by voice vote. NEW BUSINESS ORDINANCE NO. 2756 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.05.030, MONTHLY WATER RATES, IN CHAPTER 13.05, UTILITY RATES AND CHARGES, OF THE PORT TOWNSEND MUNICIPAL CODE, TO ELIMINATE SUMMER USE SURCHARGES City Council Minutes 6 February 5,2001 Staff Presentation City Manager Dave Timmons Mr. Timmons noted that the council discussed this item at the December 18, 2000 meeting. It was referred to the Finance Committee for review. The committee reviewed the ordinance at the January 11,2001 meeting, and has unanimously recommended adoption to the full council. The ordinance would eliminate the summer use surcharge for water that is currently imposed on residents. Public comment Nancy Dorgan: spoke in opposition to the ordinance; suggested increasing the surcharge rather than eliminating it as a water conservation measure. Characterized the action as a short sighted policy shift which will come at the community's expense. She asked the council to address inflated garbage rates instead. Motion: Mr. Frank moved for adoption of Ordinance 2756. Mr. Garrison seconded Mr. Finnie spoke in favor of the measure in light of information from the City Manager that other conservation measures are proving to be effective; also supported the labor saving aspect of the repeal and noted the relatively small amount of gain ($10,000 per year) to the city. Mr. Youse spoke in favor, stating that the surcharge primarily penalizes low income customers.. Vote: The motion carried, 4-1, by roll call vote, with Mr. Masci opposed Motion: Mr. Frank then moved to direct the City Manager to bring forward a plan which will reduce the amount of staff reading water meters to one Full Time Equivalent by April 1. Mr. Garrison seconded. Mr. Frank noted that this direction had been discussed by the Finance Committee and that the committee recommendation was not recorded in the committee minutes. Vote: The motion carried unanimously, 5-0, by voice vote. ORDINANCE 2757 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTER 2.76 OF THE PORT TOWNSEND MUNICIPAL CODE, PUBLIC RECORDS DISCLOSURE Staff Presentation: City Attorney John Watts. Mr. Watts noted that the ordinance updates the municipal code to reflect current state regulations and city practices in regard to release of public records. In addition, it allows City Council Minutes 7 February 5,2001 the city council to make findings that producing and maintaining a complete current index of all records from 1973 would be unduly burdensome. The state law includes this option for cities. Public Comment: Barney Bourke: stated he is speaking for the Port Townsend Leader. Asked what kind of index exists currently and what would it take to produce a comprehensive index. He suggested it could save time internally and make it less difficult for citizens to get information. He stated the bigger issue is whether cost savings and efficiency are more important than providing public information. Frieda Fenn: encouraged the council to postpone a decision until further research has been done.. Motion: Mr. Frank moved for the first reading of Ordinance 2757. Mr. Finnie seconded. The motion carried unanimously, 5-0, by voice vote. Council discussion In response to council questions, Mr. Timmons noted that the city staff is dedicated to providing full access to public records and that adoption of the ordinance would not change this. He stated that in making improvements to the system, it makes the most sense to improve the system for to provide for the best possible indexing and access now, rather than to commit resources first to attempt to recreate thirty years of past records in a modem format. The item will appear on the next agenda with a staff report addressing issues of staff time and cost projections. PEG (PUBLIC, EDUCATIONAL AND GOVERNMENTAL) ACCESS TELEVISION STATION INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND THE PORT TOWNSEND SCHOOL DISTRICT City Manager Dave Timmons stated that the agreement is an amended agreement which reflects the change in government, allows a limited number of new seats on the PEG Coordinating Committee, and enables the School District to provide utilities and custodial services to the city in exchange for vocational and technical resources provided by the city. The current PEG Coordinating Committee has recommended adoption of the amended agreement. Public Comment None City Council Minutes 8 February 5, 2001 Motion: Mr. Frank moved to authorize the City Manager to enter into an amended interlocal agreement with School District No. 50for shared use o fa cable production facility located at the Port Townsend High School and establishing a Coordinating Committee for administration and operation o fa PEG Access studio. Mr. Garrison seconded Vote: The motion carried unanimously, 5-0, by voice vote. ORDINANCE 2758 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER 9.44, WILD AND EXOTIC ANIMALS, TO TITLE 9, PEACE, MORALS AND SAFETY, OF THE PORT TOWNSEND MUNICIPAL CODE, TO PROHIBIT DISPLAY OF WILD OR EXOTIC ANIMALS FOR ENTERTAINMENT OR AMUSEMENT PURPOSES, PROVIDING VIOLATION AS A CIVIL INFRACTION, PROVIDING MONETARY PENALTY, AND ESTABLISHING AN EFFECTIVE DATE Staff Presesntation City Attorney John Watts read a letter received from the PAWS organization supporting the ordinance. He noted that a presentation had been made by the group and the council charged the Community Development Committee with reviewing the issue and making a recommendation. The Committee has done this and recommends adoption. Public comment Larry Crockett: spoke in opposition, stating that PAWS is an extremist organization, and that the ordinance would do nothing to protect animals. Ellen Crockett: spoke in opposition, stating that animal "welfare" and animal "rights" are different issues; stated PAWS is an animal rights group. Motion: Mr. Garrison moved to suspend council rules and act on the ordinance at this time. Mr. Youse seconded Vote: The motion carried unanimously, 5-0, by voice vote. Motion: Mr. Youse moved for adoption of Ordinance 2758. Mr. Garrison seconded. Council Discussion Mr. Finnie stated he believes PAWS is a compassionate organization but believes the ordinance would involve government too much in the lives of citizens. He stated he has not heard concerns expressed by the community on this issue. Mr. Frank stated the ban is well intended but he struggles with the need given the small number of such entertainments that are held in Port Townsend. City Council Minutes 9 February 5,2001 Mr. Garrison spoke in favor of adoption, noted that the Community Development Committee has recommended approval. He stated his concern for animals is based on personal observation of mistreatment by various entertainment companies. He strongly favors adoption. Mr. Youse noted that he is a firm supporter of animal rights and favors approval. Vote: The motion failed, 3-2, by roll call vote, with Mr. Masci, Mr. Finnie and Mr. Frank opposed SIMS WAY BUS BARN Mr. Frank asked for council discussion on the property presently occupied by Jefferson Transit, stated that it is a public agency taking up valuable property, and is not on the tax roll. He asked to encourage the council's representatives to the Transit Authority to initiate a look at the appropriateness of the bus barn location. Mr. Masci pointed out that many other major commercial properties are for sale on Sims Way and are not moving. He also stated that Jefferson Transit is a performing a community service and has improved the property greatly and that they would probably find it a financial hardship to have to move their operation. The expectation of accountability by the Transit Board and the city's view of the transit authority may be the subject of a study session, with the outcome to be the provision of direction to the city's representatives on the Transit Board. AFFORDABLE HOUSING Mr. Frank stated that San Juan and Jefferson Counties are the least affordable in the state. Mr. Finnie said that the Community Development Committee has been tasked to analyze and discuss the issue in relation to the general discussion regarding economic development. Mr. Timmons asked that the council look beyond "demonizing" government bureaucracy and environmental regulations. He noted that there are many factors which influence affordable housing in any community and building partnerships with the parties involved and focusing on all the factors would be helpful. The city staff enforces the regulations which have been approved by the elected officials; he stated that if the desire is to change those regulations, the council should have that policy discussion. UPCOMING STUDY SESSIONS The study session on February 12 will include a discussion of the Economic Development Committee's work plan with Executive Director Ann Avary, and Co- City Council Minutes 10 February 5,2001 chairpersons John Begley and Jerry Spieckerman. In addition, agenda items for the next elected officials meeting will be determined and the enabling legislation regarding the restructuring of citizen boards and commissions will be introduced. Future study session topics to include: LTAC tourism business case; joint presentation by Chamber of Commerce, EDC, Main Street, Small Business Administration; and the city's role and expectation of the work product of the organizations; the Jefferson Transit comprehensive plan (June or July). The council agreed that more than one study session per month may be scheduled before June. ADJOURN There being no further business, the meeting was adjourned at 9:55 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Minutes 11 February 5,2001