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HomeMy WebLinkAbout05062002 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF MAY 6, 2002 The City Council of the City of Port Townsend met in regular session this sixth day of May 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, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval and Alan Youse. Staff members present were City Manager David Timmons, City Attorney John Watts, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no requests for changes to the agenda. PRESIDING OFFICER'S REPORT Proclamations Mayor Kolff read a proclamation in honor of VFW Poppy Days. A proclamation appointing Deputy Mayor Freida Fenn as the official representative of the City of Port Townsend to our Sister City of Ichikawa, Japan, was also read. Citizen Advisory Board Appointments Motion: Ms. Fenn moved to approve the following appointments to citizen advisory boards. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by voice vote. 1) Park and Recreation Advisory Board: Victoria McKinnon, position 2, expires 5/1/05 2) Civil Service Commission: Jewel Cline Atwell, position 2, expires 12/31/04 3) Affordable Housing Task Force: Pete von Christierson, position 1 Mark Gordon, position 2 Vanessa Brower, position 3 Shawn Needham, position 4 Appointment of Council Members to Boards and Commissions City Council Business Meeting Page 1 May 6, 2002 Motion: Ms. Sandoval moved to accept the Mayor's recommendation and confirm the following appointments. Mr. Masci seconded The motion carried unanimously, 7-0, by voice vote. Regional Intergovernmental Elected Officials Representatives: Joe Finnie, Catharine Robinson, Kees Kolff. Alternate: Michelle Sandoval Jefferson County Developmental Disabilities Board: Geoff Masci. Alternate: Kees Kolff Conservation Futures Fund Advisory Board: Kees Kolff Agenda Items for Next Intergovermnental Elected Officials Meeting Consensus that council members relay their suggestions for topics for the meeting to Mayor Kolff as soon as possible. Request for Funding Mayor Kolff referred to a request from the Sunrise Rotary Club that the council contribute $5,000 toward funding their fireworks display this year. Consensus: refer the issue to the Finance and Budget Committee. CITY MANAGER'S REPORT Mr. Timmons introduced Police Chief Kristen Anderson. She introduced two new full time officers, Tony Polizzi and David Sewell. Mr. Timmons referred to a letter from Laura Blake requesting reconsideration of the parking ban on Sims Way in front of her business, the Bayview Restaurant. Motion: Mr. Masci moved to assign the Bayview parking issue to the Transportation Committee for review by the Parking Advisory Committee. Ms. Robinson seconded Public comment Laura Blake: stated that the lack of street parking has impacted her business at the Bayview in a negative fashion. She would like to discuss this at the committee level and see if a compromise can be reached. Eric Thorson: stated the parking on the street should be posted with a two-hour limit so walk-on ferry passengers don't park there all day. Vote: motion to refer carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 2 May 6, 2002 Mr. Timmons noted that the Fort Worden Centennial celebration will be held on May 12, and that "F" Street construction has been completed and a dedication parade will be held on Friday, May 10. PUBLIC COMMENT (consent and non-agenda items) Jordan Pollack stated he would like the speed limit changed in the Blaine Street neighborhood from 25 mph to 20 mph. He noted that there are three schools in the area and many problems with ongoing traffic volume and speed. Motion: Mr. Masci moved to refer the issue to the Transportation Committee and any subcommittee of their choice; then bring a recommendation back to the full council. Mr. Youse seconded. The motion carried unanimously, 7-0, by voice vote. CONSENT AGENDA Motion: Mr. Masci moved to approve the following items on the Consent Agenda. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 80741 through 80760, and 80783 through 80798, and 81451 through 81695 in the amount of $531,931.39. Approval of Minutes Special Business Session of April 8, 2002, Workshop Session of April 8, 2002, Regular Business Session of April 15, 2002, Workshop Session of April 29, 2002 Approval of Resolutions RESOLUTION 02-016 A Resolution of the City Council of the City of Port Townsend, Washington, authorizing the Deputy Mayor to sign a Sister City Agreement between The City of Port Townsend and the City Of Ichikawa, Japan and proclaiming her to be the City's official representative RESOLUTION 02-017 A Resolution of the City Council of the City of Port Townsend, Washington, authorizing the City Manager to execute a Professional Services Agreement with Van Allen Surveying to provide surveying services RESOLUTION 02-018 A Resolution of the City Council of the City of Port Townsend, Washington, authorizing the City Manager to execute a Professional Services Agreement with City Council Business Meeting Page 3 May 6, 2002 Tonkin/Hoyne/Lokan Architecture and Urban Design to provide architectural and structural engineering design and construction supervision services for the Port Townsend Bell Tower Restoration Project RESOLUTION 02-019 A Resolution of the City Council of the City of Port Townsend, Washington, designating the City Manager as Applicant Agent for the State of Washington Hazard Mitigation Grant Program Application Approval of Ordinances ORDINANCE 2804 An Ordinance of the City of Port Townsend repealing Section 15. 08, Fire Safety Requirements for Certain Transient Accommodations, Chapter 15, Fire, of the Port Townsend Municipal Code ORDINANCE 2805 An Ordinance of the City of Port Townsend amending Port Townsend Municipal Code, Section 13.04.050 Public Works Director's Determination - Appeal, Chapter 13.04, Utility Latecomer Agreements, to correct an incomplete sentence UNFINISHED BUSINESS RESOLUTION 02-020 A Resolution of the City Council of the City of Port Townsend, Washington, authorizing the City Manager to execute loan fund documents with the State Office of Community Development and U.S. Department of Housing and Urban Development in the amount of $1,000,000 for the Northwest Maritime (NWMC) Project, and further, to execute an agreement with the NWMC regarding project management and expenditure of grant monies, and further, to award a construction contract for the demolition and environmental remediation of the NWMC cleanup ORDINANCE NO. 2806 An Ordinance of the City of Port Townsend creating a new section of the Port Townsend Municipal Code, Section 3.04.270, Northwest Maritime Center Fund Chapter 3.04, Funds Mr. Finnie recused himself from participating in this action. He did remain in the Council chambers. Mr. Timmons noted that the Northwest Maritime Center plans were discussed at length during the last council workshop and these actions are brought forward as a follow-up to City Council Business Meeting Page 4 May 6, 2002 that presentation and discussion. He added that the cleanup project will be re-bid because of a discrepancy in the bid documents. Public comment None Motion: Mr. Masci moved for adoption of Resolution 02-020. Ms. Sandoval seconded. The motion carried 6-0, by voice vote, with Mr. Finnie recused. Motion: Mr. Masci moved to suspend council rules in order to adopt ordinance 2806 on first reading. Mr. Youse seconded. The motion carried, 6-0, by voice vote, with Mr. Finnie recused Ms. Kolacy read the ordinance by title. Motion: Mr. Masci moved for adoption of Ordinance 2806. Ms. Robinson seconded. The motion carried, 6-0, by roll call vote, with Mr. Finnie recused. GLEN COVE LAMIRD Mr. Watts stated that the Council is asked to consider the Nielsen Glen Cove LAMIRD boundary report and provide direction for the city negotiating team. A letter over the mayor's signature has been drafted and provided to the Board of County Commissioners (BOCC) and was discussed at this morning's BOCC meeting. The letter indicates support for the expert consultant's conclusions, however, final LAMIRD boundar~ designation is subject to County actions to implement the Nielsen Report. As stated in the letter, LAMIRD boundary designation involves both a boundary analysis and an "existing uses" analysis. The approach recommended in the letter is for the County to prepare implementing actions conceming boundaries and uses. After that work, elected officials would meet to discuss any remaining Glen Cove LAMIRD issues. Mr, Watts distributed a page of additional language for consideration. Mr. Kolff reported on the Board of County Commissioners meeting he attended today. Public comment John Lockwood: speaking as an individual and a member of People for a Livable Community, stated his concern about the cumulative impacts which would result from the approximate doubling of the size of the LAMIRD. He stated that the County has made it plain that this expansion is just one part of overall proposal for the development of Glen Cove. He stated he does not think the LAMIRD proposal is legal and that the issue is not what the Board of County Commissioners wants, but what the City wants. He added that the County should not be allowed to develop the City's borders and the City is in a unique position to insist the process takes place under growth management planning only when the city is ready for it to occur. He said that there has been little significant public process, saying that there has not been significant public outreach since 1994. City Council Business Meeting Page 5 May 6, 2002 Ms. Fenn stated that her primary concern is what kind of public process the Council will choose which will build in the comments of the citizenry; she would like a public hearing or town meeting before the council takes final action because once the City signs off and it goes to the County it becomes the County's process. Mr. Masci suggested that paragraphs 3 and 4 be omitted from the letter. He added that the City cannot start to dictate to the County about the County's jurisdictional and land use issues. He added that if the letter is not amended as he requests, that a line be added indicating that a majority of the council is in support (thereby indicating that not all council members are in support). He added he was in favor of the inclusion of the additional language presented by Mr. Watts this evening. Ms. Sandoval stated that the City is living within the existing Memorandum of Understanding and that the city is simply exercising its right to participate in the planning process. She suggested adding language requesting any county Comprehensive Plan amendments inconsistent with the MOU be removed from the amendment docket. She added that City residents can comment to the County during their Comprehensive Plan process and supported at least one public arena, either town meeting or public hearing; then noted, however, that the public process probably does not need to be stopped at this time for a large meeting. Mr. Kolff noted that the City never agreed to simply take the word of the consultant, but that a three step process has been clearly outlined and that all issues around existing uses should be on the table for clarification. He added that at the BOCC meeting, items 1 and 2 (in paragraph 4) were immediately accepted by the commissioners and that their only concern in 3 was the term "rural". The only item that raised issues was #4 and after discussion it was agreed that this was not an issue but that the staff should move forward. Mr. Finnie expressed concern that a draft instrument, not approved by council, was discussed at the BOCC meeting. He stated the council should have been able to debate the issues first. He did not express major concerns with the letter but in regard to public process, stated that he does not want negotiations delayed in the name of interminable process. Motion: Ms. Fenn moved that the council agree to have a town meeting prior to voting or signing off on any interlocal agreements between the City and County regarding the Glen Cove LAMIRD, preferably in the first week of June. Ms. Sandoval seconded Motion: Mr. Masci moved to table the motion until after discussion and action on the main issue. Ms. Robinson seconded The motion carried, 4-3, with Youse, Fenn and Kolff opposed. City Council Business Meeting Page 6 May 6, 2002 Ms. Robinson stated that she would like a clear process developed for situations such as this one to avoid the situation in which a draft letter which is received by the recipient and the supposed senders at the same time. She added that the boundary between the city and county is a jurisdictional line and we all need to be mindful of that boundary; she supports the discussion, negotiation and interaction between entities. Motion: Mr. Masci moved to approve the proposed letter including the first paragraph with suggested additions on the separate handout, paragraphs 2 and 3, and paragraph 5 -eliminatingparagraph 4 altogether. Mr. Youse seconded. Motion to amend: Mr. Youse moved to amend the motion by including negotiating points 1-4 (paragraph 4), but stating that they are supported by a "majority" of council members and also that the letter include a section outlining minority comments. Ms. Sandoval seconded. Ms. Fenn noted that she could not support the motion without knowing what the text would say regarding the minority opinion. Motion to amend: Ms. Sandoval moved to amend the motion by adding a sentence asking that the BOCC consider removing Comprehensive Plan Amendments that are inconsistent with the final negotiated agreement. Mr. Timmons suggested that paragraph 4 be moved between paragraphs 5 and 6 and crediting the Nielson Report with the negotiating points rather than the Council. All prior motions regarding the LAMIRD letter were then withdrawn. Motion: Mr. Masci moved to reword the letter so that the new language is included, paragraph 4 is placed between paragraphs 5 and 6 and the paragraph with negotiating points begin with: "The Nielsen report believes the following matters should be considered..." Mr. Finnie seconded. The motion carried unanimously, 7-0, by voice vote. Motion: Ms. Sandoval moved to add a sentence that states the county will remove from the Comprehensive Plan docket those docketed items that would be inconsistent with the negotiated result. Ms. Fenn seconded. The motion was subsequently withdrawn. Motion: Ms. Fenn moved that before the city votes on any final agreement with the county regarding the Glen Cove LAMIRD, we shall have a town meeting on the Glen Cove LAMIRD and other associated issues, preferably during the first week in dune. Mr. Finnie stated he will not support the motion which clearly links voting on the final agreement and a town meeting so that if there is no town meeting there will be no vote. City Council Business Meeting Page 7 May 6, 2002 Mr. Youse spoke against the motion, noting that the public has ample opportunity at council meetings to state their opinions; he added that he is not convinced of the effectiveness of town meetings as special interest groups tend to crowd the meetings. Mr. Masci added the attendees could be self-selecting and that representatives are elected to make these decisions. Ms. Sandoval suggested the gathering be called a workshop rather than a town meeting. Ms. Fenn noted she would accept either type of forum. Motion to amend: Ms. Sandoval moved to amend the language of the original motion to indicate a "workshop/town meeting" and change the timeframe to as soon in June as possible without holding up the process for the County Commissioners. Mr. Finnie seconded The motion carried 5-2, by voice vote, with Masci and Youse opposed Vote on the main motion as amended: motion carried 4-3, by voice vote, with Finnie, Youse and Masci opposed RECESS The mayor called a recess at 8:45 for the purpose of a break. RECONVENE The meeting was reconvened at 9:00. DNR TIMBER SALE Mr. Timmons noted that the Washington State Department of Natural Resources has requested that the City authorize access to DNR lands that will be harvested under a timber management plan in the Snow Creek area. This will be factored into the exchange of lands previously discussed with DNR and the city; staff recommends authorization of this limited action to allow the right of way to be treated as part of the DNR for timber harvesting purposes according to the terms of the letter dated April 15, 2002. Public comment None Motion: Mr. Masci moved to authorize the City Manager to enter into an agreement with the Washington State DNR for use and harvesting of City ROW consistent with the terms of the letter dated April 15, 2002, and that any funds received be deposited in the Olympic Gravity Water System Replacement Fund Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. COMMUNITY DEVELOPMENT/LAND USE COMMITTEE RECOMMENDATIONS Mr. Timmons noted that three recommendations from the Community Development/Land Use Committee have been returned to the council for action. All City Council Business Meeting Page 8 May 6, 2002 have been referred by council to the committee and discussed at the committee level. All three recommendations from the committee are unanimous. RESOLUTION 02-021 A resolution of the City Council of the City of Port Townsend, Washington authorizing the City Manager to execute an operating agreement with Clallam County YMCA for recreational programs Motion: Mr. Masci moved for adoption of Resolution 02-021. Ms. Sandoval seconded. Ms. Robinson remarked that the requirement for prevention based programs is not included in the resolution. Mr. Timmons replied that the requirement for prevention based programming is included within the multi-year plan performance indicators and such benchmarks are included in the contract document and will be required as part of the annual funding request from the YMCA. Vote: the motion carried unanimously, 7-0, by voice vote. AFFORDABLE HOUSING TASK FORCE MISSION STATEMENT/WORK PLAN Motion: Mr. Masci moved to adopt the Community Development & Land Use Committee's recommendation to approve the mission statement and list of tasks for the Affordable Housing Task Force; that the Task force be comprised of 3-7 members; and that the Task Force report its recommendation back to the Community Development & Land Use Committee in the fourth quarter of 2002; and that the City Manager be authorized to proceed with trying to pull an affordable consortium together; allocate a budget of $2,400 to underwrite the costs; and send a request to the county for its share ($1,200), and pay if they refuse to. Ms. Sandoval seconded. Ms. Fenn noted that four additional items had been added to the task list which do not appear on the attached draft. Consensus was to bring the additions forward at a future meeting and amend the list. Public comment None Vote: the motion carried unanimously, 7-0, by voice vote. FINANCE/BUDGET COMMITTEE RECOMMENDATIONS Mr. Timmons stated that three recommendations have come forward from the Finance/ Budget Committee, with unanimous support from the committee members. Mr. Masci asked to consider the Impact Fee Task Force separately and last. City Council Business Meeting Page 9 May 6, 2002 Public comment None Motion: Ms. Robinson moved to adopt the recommendation of the Finance/Budget Committee and approve the selection of Martin, Nelson and Company as the bond underwriter for the City Hall annex, and to adopt the recommendation that non-profit corporations be required to register only; that all fees and business and occupation taxes for IRS 501(c)(3) tax-exempt non-profit corporations be waive& and that the Port Townsend Municipal Code be amended for clarification. Mr. Masci seconded The motion carried unanimously, 7-0, by voice vote. Impact Fee Task Force Motion: Ms. Sandoval moved to adopt the recommendation of the Finance/Budget Committee that staff be directed to outline an Impact Fee Task Force to confer and begin drafting a schemata of work on impact fees regarding stormwater, streets, parks and recreation, schools, and fire, and speak to the benefits and consequences of their work. Ms. Robinson seconded The motion carried, 6-1, Masci opposed LEGISLATIVE PRIORITIES FROM COUNCIL STAND1NG COMMITTEES Mr. Timmons stated each council standing committee has prioritized work plan tasks as shown on the attached lists. Public comment: None Motion: Mr. Masci moved to adopt legislative priority work plans as recommended by committees. Ms. Robinson seconded. Ms. Robinson noted that she did not see finalization of the stormwater plan on any of the work plans. Motion to amen& Ms. Robinson moved to amend the General Government Committee work plan to include stormwater plan finalization in the third quarter. Mr. Finnie seconded The motion carried unanimously, 7-0, by voice vote. Vote on main motion as amended: motion carried unanimously, 7-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 9:30 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 10 May 6, 2002