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HomeMy WebLinkAbout07232001CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JULY 23, 2001 The City Council of the City of Port Townsend met in regular session this twenty-third day of June, 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, Vem Garrison, Geoff Masci, and Alan Youse. Allen Frank, Syd Lipton and Bill Wolcott were excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Building & Community Development Director Jeff Randall, City Clerk Pam Kolacy, BCD Planners John McDonagh and Jean Walat. CHANGESTOTHEAGENDA No changes to the agenda were proposed. PRESIDING OFFICER'S REPORT The council reached consensus on adding a discussion of Glen Cove to the agenda for the next intergovernmental elected officials meeting to be hosted by the Port of Port Townsend on July 31. Mr. Masci announced that council member Youse has agreed to serve on the County Conservation Futures Committee. CITY MANAGER'S REPORT Mr. Timmons asked if the council would consider moving item 10(C) (Jefferson County Conservation District Request on Boundary Adjustment) to an earlier spot on the agenda. He noted that it was a first touch item and the county's representative is attending the meeting. There was consensus to move the item up in the order to directly follow the Consent Agenda. COMMENTS FROM THE PUBLIC (Consent Agenda and Items not on the agenda) Alessandra Banta: stated she is being evicted from San Juan Commons because of a disagreement with the management over personal gardening space; asked if the city could provide assistance. Julie Duke: noted that although originally, accessible gardens have been allowed at San Juan Commons, the policy has changed, and the gardens are no longer allowed. City Council Business Meeting Page 1 .luly 23, 2001 Erica Brunquist: stated that some municipalities have codes which require landlords to give reasonable reasons for eviction of tenants; asked that the city adopt similar codes. Carlyn Stark: stated that elderly and infirm people shouldn't be evicted without cause; renters have no recourse. She asked that the city pass an ordinance addressing the issue. Jack O'Connor: Stated that he believes eviction without some kind of cause is denial of process; asked if city could prohibit doing business in the city to those who took such action. Robin Sheron: spoke about the positive aspects of gardens for people, especially the elderly. Donna Logan: supported the comments of prior speakers. Gloria Bram: supported prior comments In answer to questions from the council, City Attorney Watts stated that the city currently does not have a local landlord/tenant act and that state law does not require cause for termination of tenancy. Motion: Mr. Finnie moved to refer the issue of local landlord/tenant legislation to the Community Development Committee. Mr. Garrison seconded. The motion carried unanimously, 4-0, by voice vote. ADDITIONAL PUBLIC COMMENT Gloria Bram: stated she has asked city to look into designating an accessible parking space in front of the unemployment office. PUBLIC HEARING (LEGISLATIVE) RESOLUTION 01-030 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING AND AUTHORIZING THE SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SECTION 108 LOAN APPLICATION TO THE WASHINGTON STATE OFFICE OF TRADE AND ECNOMIC DEVELOPMENT IN SUPPORT OF THE NORTHWEST MARITIME CENTER PROJECT Mr. Masci opened the public hearing at 7:02 p.m. He asked if any council members had any interests, financial or property, to disclose in connection with the matter. City Council Business Meeting Page 2 July 23, 2001 Mr. Finnie said that his family owns property adjacent to the project. Mr. Watts asked if the property holding gave Mr. Finnie a personal financial interest in the outcome of the action to be considered. Mr. Finnie replied that he believes it does not. Mr. Watts stated then that the appearance of faimess rule applies only to quasi-judicial matters, not legislative matters and conflict of interest rules do not require Mr. Finnie to recuse himself because no special benefit or direct financial interest would occur. Mr. Timmons then referred to the July 17 memo from Dave Robison, Executive Director of the NW Maritime Center. He noted that the council had previously authorized submission of a grant application prepared by the NW Maritime Center to the Federal Dept. of Housing and Urban Development (HUD) to obtain federal grant funds for cleanup and site preparation at the Thomas Oil property. Subsequently, HUD conditionally awarded a $500,000 grant to the city to be used for cleanup activities at the property. As a condition of the grant approval, the awardee must also apply for a loan application through the Washington State Community Development Block Grant Section 108 Loan Guarantee Program. The money comes to the city and the city will loan and advance funds under conditions negotiated in an agreement between the city and the Maritime Center. He added that a full case analysis has been prepared and is in the public information file at the city's administrative offices. He introduced Dave Robison, Executive Director of the Maritime Center. Mr. Robison noted that the public hearing is focused on the Community Block Grant. He stated that the grant would help the organization's capital fund and enable the property loan to be paid off much earlier than the 20 year term. The clean up will begin late this year or in early spring. He added that the facility design has been expanded and representatives of the project would be happy to come before the council during a work session to delve into the design more thoroughly. Tonight, the council's approval is sought for submission of the loan application to the state for review and approval so that it can make a recommendation to the federal agencies. Dick Corum of the Office of Trade and Economic Development noted that when the application is received, it will be taken before a board appointed from representatives from all areas of the state including public officials, labor representatives, bankers, etc. Mr. Masci asked if any written materials have been submitted or if anyone wished to submit written materials without speaking. There were none. The floor was then opened for cormment from the public. Gunnar Thompson: spoke in support of the application; noted that the project could provide opportunities for employment training and opportunities for persons with disabilities and low income status. City Council Business Meeting Page 3 July 23, 2001 There were not further public comments and the public comment portion of the hearing was closed. Motion: Mr. Youse moved for adoption of Resolution 01-030. Mr. Garrison seconded. The motion carried unanimously by voice vote, 4-0. CONSENTAGENDA Motion: Mr. Finnie moved for approval of the following items on the Consent Agenda. Mr. Youse seconded The motion carried unanimously, 4-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 76952 through 76973 and 76986 through 77196 in the amount of $665,781.58 Approval of Minutes Business meeting of July 9 Approval of motions Authorize the City Manager to sign Bilateral Compliance Agreement between City and Washington State Department of Health concerning chronic low pressure areas within city water system. Capital Facilities Committee recommendation that the administration commence negotiations with the Scouts to see whether or not the interests of the Scouts, including the local Scouts, and the City can be resolved through an agreement, giving due regard to the City's position as record title holder. NEW BUSINESS (AGENDA ORDER CHANGE) Mr. Timmons introduced Mr. Dick Latham. Mr. Latham noted that the Jefferson County Conservation District (CD) requests the City Council to petition the District to de-annex a portion of the District within the city limits. The effect would be to adjust the Conservation District boundaries to reflect small annexations made by the city since the formation of the CD.and the result would be that no part of the city would be within the CD. This action would remove the burden of printing special ballots for residents in these areas, with the attendant additional administrative process and expense which is borne by the Conservation District. The process would be for the city to petition the District for exclusion from the District; after approval by the district, the petition would be forwarded to the state commission for final approval. City Council Business Meeting Page 4 July 23, 2001 Motion: Mr. Garrison moved to suspend council rules so that the issue may be dealt with at this time. Mr. YouSe seconded The motion carried unanimously, 4-0, by voice vote. Motion: Mr. Youse moved to adopt the Petition and authorize the Mayor to execute the Petition on behalf of the city, which requests the defferson County Conservation District to adjust its boundaries so that no part of the city is within the District boundary. Mr. Garrison seconded A brief discussion was held regarding the wisdom of suspending council rules for action. Consensus was that this is a thoroughly routine matter and an appropriate one for suspending the rules. Public comment: None Vote: the motion carried unanimously, 4-0, by voice vote. UNFINISHED BUSINESS RECOMMENDATIONS FROM THE FINANCE COMMITTEE REGARDING SKATEBOARD PARK ISSUES 1. Funding for Skateboard planning/construction Mr. Timmons noted that the Finance Committee has recommended allocating up to $20,000 from the council discretionary fund to help fund the start-up costs for skateboard park planning and construction. In addition, the committee recommended using the remaining $18,000 in the Parks Capital Fund/playing fields line item budget for expediting the project. Mr. Masci noted that the private funding, according to the representative who attended the Finance Committee meeting, was being raised in conjunction with the actual project construction costs. Public comment: None Motion: Mr. Garrison moved to recommend that the City Manager be authorized to utilize the Parks Capital Fund playingfield allocation for 2001 ($18, 000 remaining) and to authorize up to an additional $20, O00 from the council discretionary fund (for a total of up to $38,000) to expedite the construction of a skateboardpark. Mr. Finnie seconded Mr. Youse asked about the drive for doing this quickly. Mr. Timmons replied that the condition of the current facility has deteriorated and the city has waited to do any major City Council Business Meeting Page 5 duly 23, 2001 repair and maintenance because another park has been promised for several years and the users of the facility are looking for a commitment on the part of the city to provide a permanent facility. Mr. Masci added that the "temporary" skateboard park has existed for ten years now. Vote: the motion carried unanimously, 4-0, by voice vote. Motion: Mr. Garrison moved to combine discussion and vote on items 9(B) and (C). Mr. Youse seconded The motion carried unanimously, 4-0, by voice vote. Bond funding plan for skateboard park development. Design vehicle for citizen contributions to skateboard park Mr. Timmons noted that the council can use its bonding authority to finance the develbpment of a skateboard structure; the goal is not to preempt community involvement, just to assure completion of the project as designed by the stakeholders. He added that the action requested does not commit the council to any bonding decision, but allows staff to explore the issue. Public comment: Gloria Bram: spoke in support of the skateboard park facility Motion: Mr. Garrison moved to authorize the City Manager and Finance Director to investigate a councilmanic bond or other funding plan to expedite and complete construction o fa skateboard park and present it to the council at the earliest possible opportunity and to authorize the City Manager and Finance Director to develop and present a vehicle to the council by which citizens may contribute to defray the costs of the skateboard park by one or many pathways. Mr. Youse seconded Mr. Finnie asked why this action should be taken now instead of pursuant to the planning phase of the project. Mr. Timmons replied that it shows a commitment on behalf of the city to complete the project without further impediments. Vote: the motion carried unanimously, 4-0, by voice vote. FINANCE COMMITTEE RECOMMENDATION REGARDING STREET FUNDING Mr. Timmons summarized the discussion of the Finance Committee regarding banked capacity of the real estate levy, currently at 12% because the council has not raised the levy in the past two years. With this year's maximum allowed levy, the total would be 18%. The amount generated could be dedicated to the street fund which is not currently funded for next year. The committee recommended that the issue go to a vote of the people. City Council Business Meeting Page 6 July 23, 2001 Mr. Youse clarified that the council could conceivably raise property taxes without a vote of the people. The recommended action would give the option for the voters to decide if they want that banked capacity to be used and dedicated only to streets. Mr. Timmons noted that the amount generated would be close to what has been discussed in terms of a street levy, which is the quarter million dollar range. He added that the only way to make this binding now is to have a vote during the November election. Mr. Youse clarified that this is only the city's portion of the property tax which is a small percentage of the entire tax. Motion: Mr. Garrison moved to direct staff to bring forward at the earliest possible opportunity proposals pertaining to the street levy that could include utilization of the banked capacity of the general property tax levy to be approved by a vote of the people to be part or all of the proposed street levy and other possible street funding options. Mr. Finnie stated that he believes this is well intended but raises a question in his mind about the role of the council; the council is elected to analyze complex situations and act on behalf of the public. Mr. Youse noted he did not vote for initiative and referendum which limits the citizen's abilities to bring items forward; however he said that sometimes there is a questiOn about how far the public wants to go and for a big ticket item, it may be a good idea to put it to a vote. Mr. Garrison stated that austerity has always been the message for the council. This may be one way to find if the public mandate is still there. Vote: the motion failed on a 2-2 vote with Mr. Masci and Mr. Finnie opposed, Mr. Garrison and Mr. Youse in favor. RESOLUTION 01-031 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND GRANTING FINAL PLAT APPROVAL TO DUNCAN HILLTOP PLAT, APPLICATION LUP01-012 John McDonagh, staff planner, stated that the subject plat received preliminary plat approval from the City Council in 1998 and that all conditions of the preliminary approval have been completed. The applicant is now seeking final approval Public Comment: Gloria Bram: questioned the relationship of this project to affordable housing. Mr. McDonagh noted that the current code does not require a person subdividing property to set aside lots or provide housing in a certain price range. He added that some City Council Business Meeting Page 7 July 23, 2001 incentives are available for Planned Unit Developments for provision of low-income units. Motion: Mr. Garrison moved for adoption of Resolution 01-031. Mr. Youse seconded. The motion carried unanimously, 4-0, by voice vote. RESOLUTION 01-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON EXPRESSING SUPPORT FOR FLEXIBLE INTERPRETATION OF THE UNIFORM BUILDING CODE FOR EXISTING AND HISTORIC COMMERCIAL BUILDINGS Jean Walat, Assistant Planner, introduced the resolution, noting that the issue had been discussed at the July 16 work session; at the conclusion of that meeting staff was directed to finalize a resolution in support of the Building Official's interpretation of the Uniform Building Code to make appropriate use of provisions within the UBC that may help promote re-use and occupation of existing and historic commercial buildings that do not meet the current building code. Motion: Mr. Garrison moved for adoption of Resolution 01-032. Mr. Youse seconded The motion carried unanimously by voice vote. ORDINANCE 2773 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 2.72.070 OF THE PORT TOWNSEND MUNICIPAL CODE - ELIGIBLE PROPERTY FOR SPECIAL TAX VALUATION - TO EXTEND SPECIAL VALUATION ELIGIBILITY TO NON-RESIDENTIAL PROPERTIES LISTED ON THE LOCAL REGISTER OF HISTORIC PLACES Mr. McDonagh summarized the history of the proposal. He noted that at the July 9 council meeting, County Auditor Jack Westerman and historic preservation consultant Michael Sullivan were present and agreed on the wisdom of expanding Special Valuation to qualifying properties that were zoned commercial and/or industrial and for bed and breakfast operations in residential zones. The proposed ordinance incorporates these components. Public comment: Gary Jonietz: noted he recently improved a building a Point Hudson; stated the HPC was helpful and had discussed the desirability of special valuation to assist such projects.. He urged the council to adopt the ordinance. Motion: Mr. Finnie moved for adoption of Ordinance 2773. Mr. Garrison seconded The motion carried unanimously, 4-0, by roll call vote. City Council Business Meeting Page 8 duly 23, 2001 NEW BUSINESS FINANCE COMMITTEE RECOMMENDATION REGARDING NEWSPAPER OF RECORD Mr. Timmons said the Finance Committee has recommended that staff develop an RFP for the newspaper of record.. Public comment Gloria Bram: bid solicitation is a costly process and it is Probably not critical to do it each year just for the purpose of deciding which newspaper gets fees for legal publication. Mr. ¥ouse moved to direct staff to issue a Request for Proposal for the city's newspaper of record for one fiscalyear. Mr. Garrison seconded After further discussion, including comments that the process could be simplified by doing a resolution each year based upon an administrative recommendation tied to the budget process, the motion as withdrawn. Motion: Mr. Garrison moved to postpone action on this item and on the following item (direct staff to inquire whether other governmental agencies wish to join in an RFP) indefinitely. Mr. ¥ouse seconded The motion carried unanimouslyl, 4-0, by voice vote. EXECUTIVE SESSION Mr. Masci noted that there would be no executive session. ADJOURN There being no further business, the meeting was adjourned at 9:04 p.m. Attest: City Council Business Meeting Page 9 July 23, 2001