Loading...
HomeMy WebLinkAbout05192003CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF MAY 19, 2003 The City Council of the City of Port Townsend met in regular session this nineteenth day of May, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 p.m. by Mayor Kees Kolff. Council members present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandovat, Joe Finnie and Alan Youse. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, City Engineer Dave Peterson, Operations Manager Water-Fleet- Facilities Bob LaCroix, and Legal Assistant Bobbie Usselman. CHANGES TO THE AGENDA Mr. Timmons stated he would be providing an update on real estate matters. PRESIDING OFFICER'S REPORT Mayor Kolff recommended appointment of Michelle Sandoval to the Shoreline Advisory Task Force. Appointment was made by acclamation. Mayor Kolff indicated the Council packet contained updated information and drafts concerning Water Resource Inventory Area (WRIA) 17. The planning unit is going forward with plans and has multiple deadlines in the next several months. Bob LaCroix, Operations Manager Water- Fleet-Facilities, is available for questions about how plans are proceeding and can take input to the planning unit. No questions were asked. Mayor Kolff thanked everyone in the community for their participation in the Rhododendron Festival. He especially thanked those involved in the bicycle helmet donations. Mayor Kolff also thanked Edensaw for the donation of lumber and materials, and the Shipwright's Coop for their work in building the new Kah Tai Bridge that was dedicated last week. There will be an appreciation reception for Citizen Advisory Groups on Monday, June 16, 2003, at 5:30 p.m. Mayor Kolff hopes all citizens involved in advisory groups can attend to be recognized. Mayor Kolffreminded Councilors to complete the Draft City Council Meetings Schedule and return it to the Clerk showing their availability so they can plan workshops and meetings for the summer. City Council Meeting Page 1 May 19, 2003 Finally, Mr. Kolff may leave early in which case Ms. Fenn will preside over the meeting. CITY MANAGER'S REPORT Mr. Timmons stated the City received a letter from the Washington State Department of Ecology recognizing the Port Townsend Waste Water Treatment Facility with a 2002 "Outstanding Wastewater Treatment Plant" award. The Port Townsend Film Festival approached the City asking it to waive fees for rental of the Pope Marine Park Building during its Festival. Mr. Timmons presented Resolution 03-012 recommending passage to waive fees in exchange for the substantial public benefit derived by the City of Port Townsend. RESOLUTION 03-012 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND ENDORSING THE 2003 PORT TOWNSEND FILM FESTIVAL AND WAIVING RENTAL FEE FOR THE POPE MARINE PARK BUILDING Mr. Masci moved to adopt Resolution 03-012 endorsing the 2003 Port Townsend Film Festival and waiving rental fee for the Pope Marine Park Building. Seconded by doe Finnie. The motion carried, 5-1 by voice vote, with Mr. Youse opposed. Mr. Timmons announced the Port Townsend Mainstreet Program received an Outstanding Achievement Award from the state Mainstreet Program, and congratulated Mainstreet for its efforts. The Department of Transportation sent an email indicated that the "F Street Project" was the best city project in the state. The state will have a formal presentation at a later date. On Saturday, May 17, 2003, a representative from FEMA and the Washington Emergency Management Division made a formal announcement of the fire station grant. Mr. Timmons wanted to recognize Tom Aumock and Catherine McNabb for their work in submitting the grant application. PUBLIC COMMENT Dan Titterness, 2299 Magnolia Court voiced his concerns about changing the transportation scenarios downtown. Ted Shoulberg spoke about the Wooden Boat Foundation receiving an historic wooden boat that won 1960 gold medal in Rome, indicating it is a piece of living history. Norma Fried, 1009 22nd Street, Port Townsend, spoke on behalf of some of her neighbors who are requesting the right-of-ways in their area, Wilson Street, Quimper, and 22na Street, be set aside for a trail and to classify the area as a neighborhood park. She indicated the neighborhood is willing to maintain the area. There were seven members of the public at the meeting in support of this request. City Council Meeting Page 2 May 19, 2003 Ms. Sandoval indicated a member of the neighborhood attended the last CD/LU Committee meeting and asked that the 22nd Street right-of-way be made into a trail or park. The Committee advised it was not in its work plan and would need to be assigned by the Council, and she now asks Council to assign it to the CD/LU Committee. There were no questions or concerns, and the issue was assigned to the CD/LU Committee for consideration. Continued PUBLIC COMMENT: Bob Sokol, 1005 Quincy, expressed his concerns over eliminating parking spaces in the downtown area. He also is concerned that the Transit is considering putting administration offices and the Chamber of Commerce visitor center in the Park-N-Ride lot. Linda Ferris, 101 Foxfield, Port Townsend, spoke of the needs of The Gathering Place. She gave an overview of the program working with adults with developmental disabilities. They are in need of office space, 800-1,000 sq. ft. to set up sewing machines and computers, with some parking and located near the bus line. MURPHY 'STREET VACATION REQUEST Ms. Robinson moved to continue the Hearing Date for Murphy Street Vacation to June 2, 2003; seconded by Ms. Sandoval. Vote was unanimous. Prior to discussing the consent agenda Mr. Finnie wanted to remind the community that at the June 5, 2003 Council Retreat the Gateway Plan implementation would be discussed. Mr. Timmons stated at the last retreat it was decided to have a follow-up retreat with Jeanne Harris as facilitator. Priorities were ranked making the Gateway Plan first on the list. A good part of retreat will be what it will take to put together a template to implement the plan. Mr. Youse asked why the retreat was scheduled during weekday daytime hours when most people work. Mayor Kolff indicated this was the best time for all involved. Further discussed regarding scheduling occurred. Ms. Sandoval suggested the EDC should be invited to the retreat. CONSENT AGENDA The following items were approved on the Consent Agenda by consensus: Approval of the following Bi!ls, Claims and Warrants Vouchers 509031, and 85933 through 85939, and 85944 through 85946 in the amount of $36,522.42. Approval of Minutes May 5, 2003 Regular Business Meeting and May 12, 2003 Study Session City Council Meeting Page 3 May 19, 2003 UNFINISHED BUSINESS CITY HALL ANNEX RESOLUTION 03-013 A RESOLUTION OF THE CITY OF PORT TOWNSEND, WASHINGTON APPROVING IMPLEMENTATION OF A CITY HALL RESTORATION AND CITY HALL ANNEX CONCEPTUAL PLAN, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH PREPARATION OF DETAILED DESIGN AND BID DOCUMENTS RESOLUTION 03-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON ENDORSING CONCEPTUAL TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND JEFFERSON COUNTY HISTORICAL SOCIETY TO ACCOMPLISH THE CITY HALL RESTORATION/CITY HALL ANNEX Mr. Timmons stated the Council packet contains two resolutions. Since the last meeting he has met with the Jefferson County Historical Society ("JCHS") to discuss terms of a new lease agreement. He also has a completed schematic and we now need design development that will define where we are going. He has been trying to balance multiple priorities, opinions and objective. The project has been looked at very comprehensively. Mr. Timmons stated the resolution makes a major commitment financially to preserve Old City Hall for $2M and to put $2M into the City Hall Annex, and $1M into benefit for both. The total package is $5.5M. The number will be managed with budget and grants but we are still $1.5M short. We recommended a strategy where we wouldn't need to rely on others. To reduce the $1.5M, we recommended combining the two projects into one, saving $500,000 by approaching it as a combined single project. It allows us to meet multiple objections, leaving $1M liability. To reduce liability, they have again reviewed the plans with the architects and feel they can reduce the scope of the project by $250,000, reducing total liability to $750,000. He recommends the resolution be amended tonight to add that recommendation to reduce the scope of the Annex Project, reducing total liability to $750,000. That would bring the project to $4,750,000, having two years to close the funding gap. Another issue we need to address is parking. Parking consultants are being interviewed this month and will start next month. Currently as designed, the Project meets City codes and need to come up with creative solution with the least amount of impact of taking up area we now use to park. Mr. Timmons met with JCHS to put together terms, and start negotiating based on uncertainties. JCHS will pay a share of O&M costs. There are issues to be resolved regarding what space will be leased. The new lease would be incorporated into design development of the process and when this is completed in approximately six months, a long term lease will be based on the amount of space allocated between the entities in the building. The Museum Library will vacate the building and the City will pay a relocation fee of $19,000 that will settle any issues we have in regard to relocation efforts. There may be issues we'll need to work out, but we need more information as we get into design of the Project. The resolution prepared adopts the terms in City Council Meeting Page 4 May 19, 2003 meeting our expectations. The resolution authorizes us to go to the next phase of the Project to restore City Hall and house the staff. On this timetable, it will get us out of the W&K lease on schedule - 30 month term - gives ability to design the project for space needs; achieve maximum return on investment; locates all City operations consistent with the Comp Plan and addresses critical City Hall preservation needs. It does required interior fit-up work in old City Hall. We can live with these and work with them over time as they are not critical to preservation of building. Mr. Timmons recommends the two resolutions, with one amendment setting a budget cap. Kevin Harris, Vice President of JCHS stated on April 30, JCHS unanimously endorsed restoration of City Hall and building a new annex. It believes it best serves Port Townsend. The original plan also serves the historic building, seeing that it is restored and utilized. The plan was thoughtfully crafted recognizing a wide variety of thoughts. We now have an opportunity to determine what future generations say about us. Regarding the Memorandum of Understanding ("MOU") with JCHS and the City, on April 30 the Board of Trustees of JCHS unanimously moved within 60 days of Council's adoption that they adopt the MOU re duties and responsibilities of parties. For 50 years JCHS has utilized vacated space in old City Hall and has created a major heritage center at no cost to City residents. They believe this has been a win-win arrangement for City, JCHS and citizens. They feel all parties will be well served if agreements and understandings go in writing so each party knows responsibilities of each other. They look forward to future especially with restoration of City Hall. JCHS still remains unanimous and feels that resolutions of City and JCHS are well served with the annex, restoration and the MOU. Mr. Finnie asked who did the calculations showing savings by combining the projects. Mr. Timmons indicated the architects, ARC, used a cost estimating finn in Seattle and submitted the information to us in writing. Mr. Finnie also asked who would be doing the fundraising if JCHS is relieved of that duty. Mr. Timmons indicated it would be done through Public Works and City Administration; most of the fundraising will be granting, not private. Mr. Finnie then asked, based upon the economy, what if we do not raise the $1.1M. Mr. Timmons stated that is a commitment the City must be willing to bear as an absolute failsafe. Mr. Finnie stated the last recourse is for us to raise the $1.1M from taxing citizens or levying. He asked whether there was a plan to do a G-O bond? Mr. Timmons indicated we could do a G-O bond or a councilmanic bond. Mr. Finnie asked whether we asked JCHS what they view as a fair value lease? Mr. Timmons stated he has asked and JCHS' view is that they provide over $300,000 in community services. Mr. Finnie stated if JCHS is relieved of primary fundraising, why would we ask to construct an MOU that speaks to fundraising going forward. Mr. Timmons stated that We'll work with JCHS and they will work for fundraising under another MOU with the City. Mr. Finnie felt it would make sense to immediately meet with Council, the City and JCHS and have JCHS state their view of the services they provide as opposed to JCHS telling Mr. Timmons and him relaying it to Council. Mr. Timmons stated the design development process would allow face-to-face discussions. City Council Meeting Page 5 May 19, 2003 Mr. Masci asked how we are going to deal with the parking shortfall. Mr. Timmons indicated the parking problem is due to the lack of a management plan. We estimate a loss of 16 spots with the redesign of Madison Street. There are solutions that need to be worked on. Mr. Timmons responded in the affirmative to Mr. Masci's three questions: is the JCHS fundraising to do interior improvements; is JCHS going to be doing some fundraising; and that we are not adverse in accepting money from JCHS. Ms. Sandoval thanked the task force, JCHS and staff for their work in this long process. She asked whether this project was going to cause additional workload on staff that hasn't been considered. Mr. Timmons doesn't believe it will cause additional workload. Ms. Sandoval asked whether these numbers include streetscape. Mr. Timmons indicated it does for site specific but off-site is not included. He indicated we are looking for grant money of $2- 3M including elements from Quincy Street to Point Hudson. This will be a separate project not done by ARC. He indicated all grant monies not yet received but have been accounted for in the numbers presented tonight; additionally other grant sources have been identified. Ms. Fenn asked whether the City can easily set up a special account to which citizens could make tax-deductible donations. Mr. Timmons indicated that could easily be done by resolution. Mr. Masci expressed his concern regarding the cost accounting on the project. Mr. Timmons indicated they streamlined the cost accounting to make it more apparent with funds and personnel costs, including charging a 10% overhead administrative fee. Mr. Timmons stated if there were money left over from the original project, it would probably go toward the next phase, interior elements. Ms. Fenn asked Chuck Wiggins if he could clarify any questions Councilor had asked. Mr. Wiggins, with the JCHS, said he doesn't not have any additional information to answer questions. Mr. Timmons stated the schematic has been developed for City Hall. We now need design development to go into the details of the next level. Mr. Masci asked whether we are buying a 9,000 or 13,000 sq. fi. building. Mr. Timmons said we are not asking to design the building but to allow us to work it closer to 9,000 sq. ft. He cannot precisely say how many square feet at this time. PUBLIC COMMENT Bob Sokol, 1005 Quincy, spoke about the parking situation in downtown and Point Hudson and indicated there is no approved comp scheme. Veto Garrison spoke about his concern that there is no parking plan or comprehensive traffic plan in existence for the future. He does not believe all City offices need to be downtown. City Council Meeting Page 6 May 19, 2003 John Sheehan, owner of Dogs-A-Foot, spoke concerning parking problems in downtown. He is against building the annex behind the City Hall. Jim Hagen spoke about uncertainty of numbers and lack of conviction in answers given. He feels Point Hudson needs to be handled with the same enthusiasm and aggression. Carl Anderson wonders why the City would build an annex in these times of economic difficulty and feels many people are against it. David Hero, 933 Tyler, feels it is irresponsible not to restore the historic buildings. He feels the annex makes sense but a decision is needed on direction in order to go forward. Ted Shoulberg has concerns about building the annex and downtown parking. He doesn't understand the need for the annex if the museum is vacating their library space. RECESS Mayor Kolff recessed the meeting at 8:29 for the purpose of a break. RECONVENE The meeting was reconvened at 8:43. Ms. Fenn thanks JCHS for its effort in evaluations of the building and help to the City in looking to restore the building. Ms. Sandoval stated she has attended a task force meeting and senses frustration from the members. She feels Cotmcil has not given staff clear direction because they keep changing the game. She stated they have felt confidence in Mr. Timmons and the staff in running the City; applauds them for coming in under budget and gives them high confidence in many areas. She feels it is the City's responsibility to restore City Hall and to help and encourage JCHS to bring in more funds for Phases 3 and 4. She wants to support the resolutions presented tonight. She does not want to consider using Waterman & Katz as taking another building off of the tax roll isn't good for the economy. We should make use of low interest rates and build to house staff. The parking issue needs to be addressed. Ms. Sandoval moved to approve Resolution 03-013 approving a City Hall restoration and City Hall Annex conceptual plan. Mr. Masci seconded the motion as modified in earlier discussions changing the $1.5M to $ 750, 000. Ms. Robinson is not interested in raising taxes or going to the public for a bond. She wants to take care of City Hall and use it, and work with JCHS to do that. She is not interested in booting JCHS out of the building. Mayor Kotff agrees with Ms. Sandoval and feels we need broad support from Council on anything going forward with this kind of commitment. He feels some questions need to be answered for Council, such as providing the backup information that shows we could save $500,000 by joining the projects; he'd like to see a chart confirming numbers Ms. Robinson City Council Meeting Page 7 May 19, 2003 mentioned to make sure they are talking about the same elements and costs. He indicated if Council made a decision by June 2, we would still be on track. Mr. Finnie has been a proponent of the project from the beginning. He asked for written clarification of the changes which would result in the project due to the 750,000 reduction. He stated that costs rise every ear the rehabilitation of City Hall is delayed. He said he will vote against the motion now and would prefer to delay two weeks so that the Historical Society's commitment can be clarified. Ms. Robinson reminded Council they received a distribution from Mr. Legarsky in terms of breakdown and a graph. Ms. Fenn suggests all questions be sent to Mr. Timmons by May 27 so that answers can be provided at the June 2 meeting. Mayor Kolff asked that we not start revisiting issues again on June 2, but to try to get specific answers to specific questions that lean toward support or modification of the resolution. Mr. Masci salutes the Mayor in that he wants Council satisfied before making its decision. He thinks we should proceed tonight. In response to Mayor Kolff question as to whether the cost accounting can keep the costs separate for the Annex and restoration, Mr. Timmons indicated he could, especially using one contractor. He stated Council should make a policy decision and let them work with the numbers to bring together an award-winning project. If you put your confidence in us, he feels we can achieve the goals. He knows you cannot please everyone. Ms. Fenn feels it is important to get Council support. The more united we are as a Council, the more united the community can be for fundraising efforts. Ms. Fenn moved to postpone this motion to the dune 2 meeting. Ms. Robinson seconded. Mr. Youse stated he would not be attending the June 2 meeting. There was brief discussion about postponing the motion until June 2 to provide more information to Council, but to stay within the timetable. Vote: Kolff, Fenn, Sandoval, Robinson and Finnie voted in favor; Masci and Youse opposed. Motion carried 5-2. There was discussion concerning whether they should vote on Resolution 03-014. Mr. Timmons stated the issue regarding lease terms is dependent upon the final project, which won't be determined until the first resolution is passed. Mr. Masci moved to approve Resolution 03-014; Mr. Youse seconded Vote was unanimous. It was suggested by Ms. Fenn that a special Finance Committee meeting be scheduled with JCHS and Councilmembers to discuss the JCHS issues. City Council Meeting Page 8 May 19, 2003 Mayor Kolff left the meeting at 9:40 p.m. and passed the gavel to Deputy Mayor Fenn. ORDINANCE 2830 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE BY AMENDING CHAPTER 2.80, CODE OFETHCS, SECTION 2.80. 080, HEARINGS OFFICER - COMPLAINTS A GAINST A COUNCIL MEMBER OR CITYMANAGER PROVIDING FOR A HEARINGS OFFICER TO REVIEW ETHICS COMPLAINTS AGAINST A COUNCIL MEMBER OR CITY MANAGER, AND MAKING OTHER CHANGES Mr. Watts outlined the background of the changes to the ethics code. The main change in the code is to replace the three-member citizen board with a professional hearings officer. He recommends Council move forward tonight. Council can either have first reading, or waive Council Rules and adopt the Ordinance tonight. If adopted tonight, the hearings officer will be brought on board and then asked to undertake a further review of the code as to whether any additional changes should be made. There was no public comment. Mr. Masci indicated it is a smart move to use a hearings officer, but won't support the changes with modifications that allow the City Attorney any role. This is not a criticism of Mr. Watts, but a principle being designed at arms length and not putting the City Attorney in a conflicted position. He believes Mr. Watts could be impartial, but doesn't feel we should put him in that position at all. Mr. Watts stated there is no requirement in the draft provisions that any complaint first go to the City Attorney; it is optional. To have an arbitrary removal of the City Attorney is artificial and inflexible. The City Attorney would not operate independently with the City Manager. He would consult with the City Manager before weighing in on an ethics complaint. Ms. Sandoval stated it was discussed that Mr. Timmons could remove Mr. Watts from an issue if there was appearance that it was inappropriate. She feels it is appropriate that in certain instances he is available. Mr. Finnie stated the ethics code is a reference for Councilors and he wants to be able to call on the City Attorney for advice. Mr. Watts indicated they could always consult him so long as it is done prior to a complaint being filed. Mr. Watts indicated two issues are addressed: whether or not there should be a required part of the process that a citizen who wishes to file a complaint can consult with the City Attorney, even though it may not be binding; and the role of the City Attorney and whether he can advise a Councilor, City Manager or City Clerk once an ethics complaint has been filed. Maybe it should be drafted to say you don't have to go through the CitY Attorney, and/or that the City Attorney, with approval of the City Manager, can give advice to someone. City Council Meeting Page 9 May 19, 2003 Ms. Fenn stated when she went through the process it was unclear as to the procedural issues and who in staff was handling procedural questions. She'd like to see some clarification of the role of the City Attorney or the City Clerk. She stated MRSC felt our code was restrictive for procedural information coming through the City Attorney. Mr. Masci feels if you involve the City Attorney the issue become political. Mr. Finnie moved for first reading of Ordinance 2830; Ms. Sandoval seconded the motion. Mr. Masci asked for an amendment in Section B(2) to strike everything after the first sentence and add "but is not required to do so." Seconded by Mr. Youse. Mr. Timmons suggested since Council did not waive the first reading that they submit in writing the proposed amendment so it can be drafted and submitted. Vote: The vote on Mr. Masci's motion to amend with edits was split; Mr. Masci, Mr. Youse and Ms. Robinson in favor; Mr. Finnie, Ms. Sandoval and Ms. Fenn opposed Motion failed Vote: For first reading of Ordinance 2830 passed unanimously. Mr. Youse stated there were citizens in attendance tonight to make comment on the Ethics Code that had to leave early. He asks this be added to the next agenda at the beginning of unfinished business. STANDING COMMITTEE REPORTS Mr. Finnie disclosed that he was recently appointed to the Board of the Washington Trust for Historic Preservation. Mr. Watts stated he had earlier discussed this with Mr. Finnie, who also owns property in Point Hudson. He indicated this does not disqualify him in participating in legislative matters on Point Hudson. Likewise the same applies to his participation as a board member of the Washington Trust for Historic Preservation. He has no direct monetary benefit so he can participate in that respect. The result would be different if the Trust takes a position on Point Hudson on a matter that came before City Council. Ms. Fenn stated she has a potential financial interest in pygmy boats in Point Hudson. Ms. Sandoval indicated the Port was at the last CD/LU Meeting and is aware that we'd like to have them co-sponsor a workshop. The Committee wanted to make certain Council was in agreement. She indicated the workshop would be for fact-finding to explore different methods for potential of financial reconstruction of historic buildings and to start a conversation early enough so we are informed all the way and working in a more collaborative way. Mr. Youse disclosed that the Salmon Club and Puget Sound Anglers had a meeting in which Larry Crockett attended and Point Hudson was discussed. No public comment. City Council Meeting Page 10 May 19, 2003 Ms. Sandoval moved to adopt the recommendation of the CD/LU Committee to formally invite the Port to co-sponsor a workshop, inviting potential partners for exploring preservation and economic development at Point Hudson, and ask that they assist in coordinating planning efforts. Mr. ¥ouse seconded Vote: Fenn, Sandoval, Robinson, Youse and Finnie in favor; Mr. Masci opposed Passed 5-1. Ms. Sandoval indicated she saw a memo re housing for high level sex offenders which falls under high risk land use and asked if the CD/LU Committee can be tasked with that issue. There was total consensus. Mr. Youse recommended the workshop be held when people who work 8-5 Monday through Friday could attend. Mr. Masci stated he would like the CD/LU Committee to review the GLC ordinance to raise it from 50 years to 75 or 100 years. Ms. Sandoval stated that issue came up on the list of items to vote on and received only one vote. It wasn't high on the list for this year's agenda. Ms. Fenn stated Mr. Masci is formally asking that it become a future agenda item. EXECUTIVE SESSION At 10:15 p.m., Deputy Mayor Fenn announced Council would go into Executive Session for ten minutes to discuss a personnel issue. No decision would be forthcoming. ADJOURN The Executive Session ended at 10:25 p.m. There being no further business the meeting was adjoumed at 10:26 p.m. Minutes prepared by Bobbie Usselman Legal Assistant Attest ,. .. Pam Kolacy, CMC City Clerk City Council Meeting Page 11 May 19, 2003