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HomeMy WebLinkAbout06032002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JUNE 3, 2002 The City Council of the City of Port Townsend met in regular session this third day of June, 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval and Alan Youse. Joe Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGESTOTHEAGENDA Mayor Kolff requested that approval of the May 20, 2002, minutes be removed from the consent agenda to the presiding officer's report. Ms. Fenn requested postponing discussion about the General Government Committee's recommendation regarding Glen Cove Water Area Maps to a future meeting. Consensus was that discussion could occur this evening; at the time of discussion it would be possible to postpone action. Ms. Fenn requested to move remove ordinance 2808, Blaine Street Speed limit, to unfinished business. PRESIDING OFFICER'S REPORT Mr. Masci tendered an apology for his comments on May 20 regarding Mr. Len Mandelbaum in regard to Mr. Mandelbaum's work with the proposed Quality of Life council. Mr. Mandelbaum read a prepared statement requesting a review of Mr. Masci's comments to determine whether the comments violated recent Council rules on public discourse and whether they may adversely impact the efforts of the city to recruit and retain motivated and qualified volunteers or to encourage new ideas from the public. Motion: Mayor Kolff moved to amend the minutes of May 20 to remove all of Mr. Masci's remarks regarding the Quality of Life Council. Ms. Robinson seconded. Ms. Fenn and Mr. Masci spoke in favor of letting the record stand with removal only of the specific reference to Mr. Mandelbaum. Vote: the motion was defeated 0-6, with no one voting in favor. City Council Business Meeting Page 1 June 3, 2002 Motion: Ms. Fenn moved to amend the minutes to include a summary of her statement on May 20 in defense of Mr. Mandelbaum. Mr. Kolff seconded The motion was defeated, 2-4, with Kolff and Fenn in favor. Motion: Mr. Youse moved to amend the May 20 minutes by removing references personally naming Mr. Mandelbaum. Ms. Sandoval seconded The motion carried 4-2, with Fenn and Robinson opposed Appointments Motion: Mr. Masci moved to confirm the following appointments: Non-Motorized Transportation Advisory Board: Jay Neville Position 3 Term expires 5/1/05 Affordable Housing Task Force: Michael K. Hyland (ex-officio). unanimously, 6-0, by voice vote. Ginny Adams, David Hammond T. Dan Wollam, Ms. Robinson seconded The motion carried Topics for Intergovernmental Officials Meeting In addition to the topic already put forward by Mr. Finnie regarding Higher Education, consensus was to add the topic of uses of distressed county infrastructure funds as a city topic. Compensation for Elected Officials Mayor Kolff stated that the issue of compensation for council members should be addressed while the council is not in the midst of political change. Mr. Masci added that compensation can take different forms, either monetary or through other benefits such as equipment. Motion: Mr. Masci moved to refer the issue of council member compensation to the General Government Committee. Mr. Kolff seconded The motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT Mr. Timmons stated that two police cars and one ambulance have been pulled from service and are unrepairable. The situation will require some intense work by administration over reconciliation of the Equipment Rental fund. Mr. Timmons provided information on the City Hall Annex Advisory Task Force. Those who have accepted appointment are Lesa Barnes, Barbara Bogart, Mike Colbert, Mike Kennedy, Jerry Spieckerman, Cindy Thayer and Steve Wilfong. In addition, he noted the guiding principles have been revised to include language regarding full accessibility. Mr. Timmons will meet with Interim County Administrator David Goldsmith to finalize the purchase of the 35th Street Park property. City Council Business Meeting Page 2 June 3, 2002 COMMENTS FROM THE PUBLIC Nancy Dorgan: in regard to the consent agenda item regarding a Memorandum of Agreement with the Port of port Townsend, asked the council to reconsider the City Attorney's advice to treat this as a quasi-judicial comprehensive plan amendment. Robert Force: in favor of ordinance reducing speed limit on Blaine Street. CONSENT AGENDA Motion: Mr. Masci moved to place the corrected minutes of May 20 back on the Consent Agenda. Mr. Kolff seconded. The motion carried unanimously, 6-0, by voice vote. Motion: Ms. Sandoval requested that the Point Hudson MOU be removed from the Consent Agenda to New Business. Ms. Sandoval moved for approval of the following items on the Consent Agenda. Ms. Fenn seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 81856 through 82008 in the amount of $92,771.20 Approval of Minutes: City Council/Planning Commission Joint Workshop of May 15, 2002, Regular Session of May 20, 2002 Authorization Authorize the City Manager to award and execute contracts to supply water and wastewater chemicals to the City (Pioneer Americas for Chlorine Gas and JIC for Sodium Hypochlorite). Approval of Resolutions RESOLUTION 02-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR STREET VACATION OF PORTIONS OF Z AND EBONY STREETS AND ADMIRALTY AVENUE RESOLUTION 02-026 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORT TOWNSEND DENYING, IN PART, AND UPHOLDING, IN PART, APPLICATION NO. LUP02- 024, AN APPEAL OF A TYPE III HEARING EXAMINER'S DECISION ON A SHORELINE SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT, APPLICATION NO. LUP01-068 City Council Business Meeting Page 3 June 3, 2002 STANDING COMMITTEE REPORTS Consensus was to move this item to the beginning of New Business. UNFINISHED BUSINESS RESOLUTION 02-027 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO MAKE FORMAL APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES, AQUATIC LANDS ENHANCEMENT ACCOUNT, FOR FUNDING ASSISTANCE FOR THE NORTHWEST MARITIME CENTER PROJECT Dave Timmons stated that the Northwest Maritime Center has requested that the Council authorize the City Manger to submit a grant application to the Department of Natural Resources Aquatic lands Enhancement Account (ALEA) in order to obtain funds for eelgrass restoration and construction of a public access dock at the Maritime Center site. He introduced NW Maritime Executive Director Dave Robison who was present to answer any technical questions. In response to questions, he explained that the state requires that the project be used for public purposes for a minimum of 25 years because of the substantial amount of state resources which will be committed; to accomplish this, the NWMC and city will have a contractual agreement. He also elaborated on the nature of the proposed project as a demonstration of how to rehabilitate an over water structure in the most environmentally friendly way, promote maritime education, and do it in a way that restores the marine habitat. The NWMC will work in partnership with the Marine Science Center to receive funding to replant eelgrass beds beneath the existing dock. Motion: Mr. Masci moved to approve Resolution 02-027. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. HISTORIC PRESERVATION AND DEMOLITION TAKS FORCE The Community Development/Land Use Committee has recommended that the scope of the work plan of the recently established Historic Preservation and Demolition Task Force be expanded to include a review of the Historic Preservation review process. Motion: Ms. Sandoval moved to adopt the recommendation of the Community Development and Land Use Committee that the Historic Preservation and Demolition Task Force be tasked with looking at the pros and cons of Historic Preservation Committee (HPC) design reviews. Ms. Robinson seconded Vote: the motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 4 June 3, 2002 ORDINANCE 2809 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 10.04 PARKING, SECTION 10.04.190, TWO-HOUR PARKING LIMIT, TO MODIFY PARKING LIMITATIONS ON CALHOUN STREET BETWEEN WATER AND FRONT STREETS; AND TO CREATE A NEW SECTION 10.04.191, TWO-HOUR PARKING - CALHOUN STREET Ms. Sandoval, committee chair, stated that the committee met again last week and after discussion and public input, agreed that the recommendations regarding Calhoun Street parking and adding more spaces to the Bayview parking lot are issues that should be remanded to the parking task force so they can be examined in the larger context of a demand management parking strategy Public comment: none Motion: Ms. Sandoval moved to direct the Parking Task Force to include review of modification of the Calhoun Street parking spaces, grading Water Street behind Gaines Street to better delineate parking; elimination of flow through parking in the Bay View lot. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Masci moved to task the City Manager to look into the feasibility of implementing more extensive signage at the ferry terminal exit asking recreational vehicles to take advantage of the park and ride to ease the crowding in the downtown area. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2808 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE TO CREATE TWO NEW SECTIONS: SECTION 10.28.05, PENALTIES, CHAPTER 10.28, SPEED LIMITS ESTABLISHED; AND SECTION 10.28.030, BLAINE STREET - BETWEEN HARRISON STREET AND TYLER STREET, CHAPTER 10.28, SPEED LIMITS ESTABLISHED. The item was removed from the consent agenda for discussion. Mr. Timmons stated that this has been an ongoing issue for some time and that traffic calming devices have been studied, but are problematic as they may solve one problem and create another. The proposal is to reduce the speed limit and see how that affects the neighborhood traffic problems. Public comment: Robert Force spoke in favor of adoption. City Council Business Meeting Page 5 June 3, 2002 Motion: Mr. Masci moved to suspend council rules and make the first reading the second and the third by title only. Mr. Youse seconded The motion carried 6-0, by voice vote. Mr. Timmons noted staff is meeting with other neighborhood groups to discuss traffic calming strategies; the Transportation Advisory Board is also taking it up. Motion: Mr. Masci moved to add a section providing for annual review for three years and reconsideration of the ordinance at the end of a three year period Ms. Sandoval seconded Motion was withdrawn. Motion: Ms. Fenn proposed a substitute motion providing for review and evaluation after one year. Vote: motion carried, 5-1, with Mr. Youse opposed RECESS Mayor Kolffcalled a recess at 8:20 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:35 p.m. FUNDING REQUEST FROM SUNRISE ROTARY CLUB Mr. Timmons stated that since he is a member of the Sunrise Rotary Club, Mr. Legarsky has handled the staff work for the organization's request for $5,000 funding for fireworks this year. Ms. Robinson spoke on behalf of the Finance Committee, stating that the committee did not feel comfortable spending that much money on a short display of fireworks. The committee also noted that the Fort Worden Centennial has already received $25,000 of funding through the city's LTAC account. Public comment: none Motion: Ms. Robinson moved that the council deny the request of the Sunrise Rotary Club for $5,000 to apply to a fireworks display during the Fort Worden Centennial 4th of duly celebration. Ms. Fenn seconded The motion carried 4-2, with Masci and Youse opposed REQUEST FROM PUD FOR SUPPORTING USE OF DISTRESSED COUNTY INFRASTRUCTURE FUND City Council Business Meeting Page 6 dune 3, 2002 Mr. Youse recused himself stating that his employer is a major provider of fiber optics and he would be more comfortable not participating. Mr. Timmons stated that the Finance and Budget Committee discussed the PUD's request that the city support their proposal to utilize the Distressed County Infrastructure Fund for the deployment of a fiber optic network in Port Townsend and Port Hadlock. The Committee has recommended denial of the request with the rationale that it would be more productive to focus efforts on a county wide intranet at this time. Motion: Ms. Sandoval moved to adopt the recommendation of the Finance and Budget Committee and not support the PUD application at this time but to focus our effort on a county-wide intranet, and to authorize the City Manager to send a letter to the PUD stating this position. Ms. Robinson seconded. The motion carried with 4 in favor, Mr. Masci abstaining and Mr. Youse recused. GLEN COVE WATER AREA MAP Mr. Timmons and Mr. Clow presented maps of the water system showing service areas affected by the City/PUD exchange as well as other suggested minor amendments to the service area. The maps outlined the area submitted with the closing documents in the action that approved the final sale and transfer of the Tri-Area system; subsequently staff met with the Public Works Committee and noticed there were some modifications which were recommended due to logical outer boundary. The minor amendments to the original map were not formally approved by the Council. The amendments include a small island area omitted from the original map, a parcel adjacent to the service area and adjustments to some boundaries along reasonable lines. The section which represents the area served by the Port Townsend Paper Company under their separate license is designated as a provisional water service area; by definition the mill can provide water to themselves but can't provide to others or transfer the right without city consent. Mr. Clow noted that water lines already exist outside the boundary shown and have for some time; the city is currently providing water for some areas west of the city. There was considerable discussion, addressing concerns including policy behind the designated service areas, need to clarify which sections are part of the city's service area, ability of the city to serve the areas, limits of the city's obligation to serve areas, effect on current customers, ability to provide better water quality by looping and keeping water flowing through existing pipes. Public comment Nancy Dorgan: spoke against adoption of the new map. Ms. Fenn argued that the council should have more maps and more information and more time to discuss the issue, noted that maps had been provided the day of the meeting. City Council Business Meeting Page 7 June 3, 2002 Mr. Timmons stated that the question could be divided into two parts: the area already approved by Council as part of the City/PUD agreement and the areas identified as modifications to the agreement. Amendments may be incorporated into other revisions at a later date. Motion: Mr. Masci moved to adopt the recommendation of the General Government Committee regarding amendments to the Glen Cove area water maps. Mr. Youse seconded Motion: Ms. Fenn moved to amend the motion and approve amending the map to the extent which reflects the water service area exchange agreement between the city and the PUD. Ms. Robinson seconded The motion failed on a 3-3 tie with Masci, Youse and Sandoval opposed Motion: Ms. Fenn moved to postpone action to the special business meeting on June 6. Ms: Robinson seconded The motion carried, 4-2, with Mr. Masci and Mr. Youse opposed AMENDMENT TO COUNCIL RULES REGARDING COUNCIL COMMITTEE REPORTS Mr. Watts said that at the May 20, 2002 meeting, the council discussed adding a place in the agenda for committee reports (written or verbal) in order to further communication among members about matters referred to committees. Changes proposed to the rules would add Standing Committee Reports to the standard agenda after New Business and provide that the clerk provide copies of draft committee meeting minutes held since the last Council business meeting in the agenda packet. Public comment: none Motion: Mr. Robinson moved to change Council Rule 3.3 to include standing committee reports as a regular agenda item after New Business and to provide committee minutes in council business meeting packets. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2810 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING THE PORT TOWNSEND MUNICIPAL CODE TO CREATE CHAPTER 9.06, FIREWORKS, PROHIBITING THE SALE AND DISCHARGE OF FIREWORKS, AND POSSESSION AND/OR USE OF EXPLOSIVES, PROVIDING EXEMPTION FOR PUBLIC DISPLAYS, PROVIDING PENALTIES, AND PROVIDING AN EFFECTIVE DATE City Council Business Meeting Page 8 June 3, 2002 Mr. Watts noted that the issue of banning the discharge of fireworks within the city limits was suggested by the Fire Chief last year. Since then, the former Public Safety Committee reviewed the issue and the current General Government Committee had recommended approval of such an ordinance. Fire Chief Ed Edwards strongly supported passage of the ordinance as presented, noting that among the issue associated with fireworks are noise pollution, safety hazards, danger to people, pets and wildlife. He noted that the ordinance allowed public displays in appropriate places. This would enable the public safety employees of the city to concentrate their efforts rather than trying to cover numerous incidents. Public comment Nancy Dorgan: spoke in support of the ordinance. Mr. Youse moved to suspend council rules in order to adopt the ordinance. Mr. Masci seconded The motion carried 4-2, with Ms. Fenn and Ms. Robinson opposed Motion: Mr. Youse moved to adopt Ordinance 2810. Mr. Masci seconded Motion: Ms. Sandoval moved to postpone action on Ordinance 2810 to the dune 17 regular meeting, citing the need for more opportunity for public involvement. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. NEW BUSINESS Memorandum of Agreement between the City and the Port regarding the processing of the Port's 2002 Comprehensive Plan Amendment Application The item was removed from the consent agenda. Mr. Watts clarified that until the Port actually applies for a Comprehensive Plan Amendment, councilors do not need to treat the zoning designation of Point Hudson as a quasi-judicial matter. Public comment: None Motion: Mr. Masci moved to authorize the City Manager to execute the proposed Memorandum of Agreement between the City and the Port or Port Townsend Mr. Youse seconded The motion carried unanimously, 6-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 10:15 p.m. Attest: City Clerk City Council Business Meeting Page 9 June 3, 2002