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HomeMy WebLinkAbout05032004CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 3, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this third day of May, 2004, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Frieda Fenn, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Geoff Masci was excused. Kees Kolff arrived later. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, Public Works Director Ken Clow, BCD Director Jeff Randall, and City Clerk Pam Kolacy. PROCLAMATIONS Mayor Robinson read the following proclamations: Native Plant Week - accepted by Forest Shomer of the Native Plant Society Tourism Week - accepted by Laurie Medlicott, LTAC Committee Chair Welcome Sister City Delegation and Amaji Lion Dance Group Municipal Clerks Week - accepted by City Clerk Pam Kolacy CHANGES TO THE AGENDA Three items were proposed for addition to the agenda: Motion: Ms. Sandoval moved to add the topic of adult business regulations under unfinished business. Mr. Benskin seconded. The motion carried unanimously, 5-0, by voice vote. Motion: Ms. Sandoval moved to add consideration of interim cottage housing regulations or a moratorium on cottage housing applications to unfinished business. Ms. Fenn seconded. The motion carried, 4-1, by voice vote. City Council Business Meeting Page 1 May 3, 2004 Motion: Ms. Sandoval moved that appointment of legislative representative to Fire District discussions be added under new business. Mrs. Medlicott seconded The motion carried unanimously, 5-0, by voice vote. Mr. Benskin asked that item VI.C. (transfer of funds from Transmission Pipeline) be removed from the consent agenda. The item was added under new business. PUBLIC COMMENT (Consent and non-agenda items) Lloyd Cahoon of the Economic Development Council introduced Executive Director candidate Vic Grassman. Mr. Grassman made brief remarks. Council member Kolff arrived at the meeting at 6:55 p. m. Jim Hagen: presented a tribute to citizen activist Leola Armstrong, who passed away last week. CONSENT AGENDA Motion: Ms. Sandoval moved for adoption of the following items on the Consent Agenda. Mrs. Medlicott seconded The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 89723 through 89868 in the amount of $509,723.05 Vouchers 420041 through 420047 in the amount of $68,629.83 Approval of Minutes: April 19, 2004 Adoption of Resolutions: Resolution 04-018, authorizing Execution of Documents and Disbursement of Funds for a Loan of Community Redevelopment Block Grant Funds Pursuant to Resolution No. 88-58 of the City of Port Townsend (to Helen I. Gunn for the Gallus-Rutz Building) Resolution 04-019, Authorizing the City Manager to Enter into an Agreement with the Port Townsend Volunteer Firefighters Association UNFINISHED BUSINESS GROWTH MANAGEMENT INDICATORS Consultant Eric Toews summarized the information in the Council packet, noting that the establishment of a "Growth Management Indicators" program can assist the community and decision-makers in measuring the City's progress toward successful implementation City Council Business Meeting Page 2 May 3, 2004 of the Comprehensive Plan. Review of the growth indicators took place at the Community Development/Land Use Committee and then the Planning Commission. The Planning Commission's final recommendation includes 19 of the 38 potential indicators and benchmarks as the basis of the first "Benchmarks Report." This recommendation is now before the Council for consideration. Public Comment: None Mr. Kolff asked for information on why some indicators were not included. Mr. Toews described the process, noting the Planning Commission went through a preference adoption exercise and sought to identify approximately 15 indicators they thought provided the best data that related most closely to core objectives of the plan. Mr. Kolff asked why # 16 specifies hours of transit service and total miles of in-city transit routes. He stated that a more useful indicator would be measuring use rather than availability of service. Mr. Toews stated he did not recall that Jefferson Transit collected specific ridership data. He agreed that the usage number would be more meaningful and will re-contact Jefferson Transit. Ms. Sandoval noted that certain indicators such as "adult educational level" may be misleading as the numbers may be influenced by in-migration (so rather than providing more educational opportunities to young people who live here, older and more educated people are moving to the city). This might show a spike in educational level which would indicate offsetting rather than solving the problem. Mr. Toews stated that it will be critical to put the information in the appropriate context and indicate the cause of such variations, i.e., "due to education levels of in-migrants over the last seven years." He added that the benchmarks are designed to identify trends. Motion: Mr. Kolff moved to adopt Planning Commission's recommended framework for the Port Townsend Benchmarks Program, with one change to benchmark #16- to use data on ridership rather than available service. Staff is directed to contact Jefferson Transit to ask about the availability of that information and incorporate into #16 if available. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. BOY SCOUT HOUSE Ms. Sandoval noted she would recuse herself from the discussion as she did last week. Ms. Sandoval left the meeting at 7:30p. m. City Council Business Meeting Page 3 May 3, 2004 Mr. Timmons noted that staff has identified four options regarding the Boy Scout House which are listed on the agenda bill: 1) extend the 120-day offer window. 2) consider a land swap of city owned property across from Sather Park for the Boy Scout property. 3) move the Scout House to the Sather Park property for use as a community "park facility." 4) condemn the former Boy Scout property. Mr. Watts noted that condemnation was added as a "bookend" option, which is the opposite of doing nothing and shows the wide range of ways of dealing with this sort of situation. Mr. Benskin asked if Mr. Timmons had spoken with the County Administrator about changing the possible change of use from "active recreation" that might result from moving the Boy Scout House to Sather Park. Mr. Timmons said he had talked very briefly with the County Administrator and use of public activities would fulfill the covenant; however, agreement from the Commissioners would be necessary. Mr. Benskin asked about the time frame for accomplishing a land swap. Mr. Timmons stated staff estimates about a four-month process. Public comment: Mr. Kolff stated that Robert Lee, of the local Elks Lodge has some information to share. Mr. Lee noted that he was the chair of the Scout Committee for the Elks for two years; he detailed the difficulties the Elks have had maintaining the building. Mitch Poling in support of the land exchange. Bill Niekamp: supported either option that lets house stay where it is. Pat McMinds: supported keeping the house at the current location. Judi Bird: supported condemnation. Imants Golts read a letter from Cynthia Frich who is not opposed to a land swap but would like other city properties considered for the exchange. Mr. Golts stated the house is worth saving. Jim Whittaker: supported condemnation option. Dianne Roberts: supports condemnation, if that fails, land swap. City Council Business Meeting Page 4 May 3, 2004 Barbara Hager: supports condemnation. Barbara McColgan Pastore (Park & Recreation Advisory Board Chair): stated it is too soon for an official position from the Advisory Board but commented on the value of the Scout property compared to the city property and the value of having contiguous parcels as parks. Monica Mick-Hager: emphasized that if the City acquires house and property, it must be used for community purposes. Barbara Pastore asked if the local scouts will receive any of the proceeds from the sale of the property and whether such funds could be used for repair of the structure. Elsa Golts: in support of condemnation. Chris Jones: in support of condemnation Kevin Amo: favors condemnation; believes the money from the Seattle Council will be put in trust for local scouts, but probably cannot be used to acquire land. Dorothy Hensey: favors condemnation John Watts: summarized a letter received today from Trolin and Atkins. Susan Miller: favors condemnation. Staff re sponse: Mr. Timmons noted that if eminent domain is pursued, the city still must pay fair market value for the property. He added that the city has far more park land than most cities and the current park system is inadequately funded. He stated that other potential surplus properties have restrictions on what funds proceeds of the sale can be applied to. Motion: Mr. Kolff moved that Council adjourn to executive session to discuss with staff and legal counsel issues relating to the potential acquisition of property and pricing issues and also to discuss potential litigation issues. Ms. Fenn seconded. The motion carried unanimously, 6-0, by voice vote. Mayor Robinson stated that council would go into executive session at 8:55 and that the session was expected to take 20 minutes. Mr. Timmons announced at 9:15 that the Council would extend the session another 10 minutes. RECONVENE The meeting was reconvened at 9:30 p.m. City Council Business Meeting Page 5 May 3, 2004 Motion: Mr. Kolff moved that staff bring the issue back to the Council within two weeks with additional specific information about land values and swap or acquisition options that the Council could address with regard to ultimately saving the Boy Scout House and the property upon which it stands for the benefit of the public. Ms. Fenn seconded Ms. Fenn asked for the list of potential surplus properties identified by the City Capital Facilities Committee with estimated market values of each. She also requested more detail about eminent domain and land swap process. Ms. Robinson asked staff to find about whether the proposed money from the sale of the property would be available for maintenance; she would also like other funding options for maintenance. Mrs. Medlicott stated that a condemnation could cost a half to one million dollars and that a land swap would also be at considerable expense. She challenged the community to begin fundraising to defray these costs. Mr. Kolff asked interested citizens to put together specific written information about commitments to in-kind services which have been received by the friends of the Scouts. Mr. Timmons noted that Mr. Garrison has applied for a demolition permit and currently has a 120 grace period before demolition will begin. Vote on the motion: motion carried unanimously, 6-0, by voice vote. Ms. Sandoval returned to the meeting at 9:40 p.m. Resolution 04-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING A GOLF COURSE TASK FORCE Mr. Timmons introduced the resolution, noting it was crafted to incorporate relevant sections of the Parks, Recreation & Open Space Plan and the recommendations from the National Golf Foundation consultant. Public comment: None Mr. Kolff asked if the funds available for technical assistance to the committee are consistent with the approved 2004 budget. Mr. Timmons confirmed that the $20,000 is included in the budget. Motion: Ms. Fenn moved for adoption of Resolution 04-020. Mrs. Medlicott seconded The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 6 May 3, 2004 Cottage Housing Mr. Timmons stated that staff is recommending passage of a draft ordinance that would implement Planning Commission's recommendations for revisions to the cottage housing development ordinance on an interim basis only; this would prevent any CHD project vesting under the current regulations that need revision. Alternatively, the Council could take action to suspend all new CHD applications pending Council action following the June 17 public hearing. The following spoke in support of adopting a moratorium on applications until final revisions to the regulations are in place. Dorothy Hensey Susan Miller Laurel Dawson Motion: Ms. Fenn moved that an ordinance prohibiting applications for cottage housing projects before review of the draft ordinance by the Council be brought forward for action at this meeting. Mr. Kolff seconded Mr. Watts noted that adoption of interim regulations, including prohibitions on applications for an interim period, are a land use technique specifically authorized by the Growth Management Act. Mr. Benskin spoke in opposition to a prohibition on applications, noting that few applications have been submitted since the ordinance was first developed and the action would be premature. Mr. Kolff suggested tabling the motion. There was consensus. After further discussion, consensus was to remove the motion from the table. Motion: Ms. Fenn moved to waive council rules and consider adoption of an ordinance at this session. Mr. Kolff seconded. The motion carried, 5-1, by voice vote, Benskin opposed. ORDINANCE 2857 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROHIBITING APPLICATIONS FOR COTTAGE HOUSING PROJECTS PENDING FURTHER REVIEW AND ACTION BY CITY COUNCIL Vote on motion to adopt Ordinance 2857: motion carried, 5-1, by roll call vote, Benskin opposed. City Council Business Meeting Page 7 May 3, 2004 NEW BUSINESS KAH TAI PROPERTY PURCHASE - LOTS 6 AND 7, BL. 2 EISENBEIS ADDITION City Attomey Watts stated that purchase of the subject parcels would continue assemblage of City property ownership in the area of the Kah Tai park. Public comment: Barbara Pastore: the purchase is supported by the Park & Recreation Advisory Board Motion: Ms. Fenn moved to authorize the City Manager to execute necessary documents for the purchase of Lots 6 and 7, Block 2 Eisenbeis Addition, at Kah Tai Lagoon, for a price of $2,5OO plus closing costs. Mr. Kolff seconded Motion carried unanimously, 6-0, by voice vote. INTERIM ORDINANCE PREVENTING ADULT BUSINESSES Mr. Watts introduced the draft ordinance, noting the council had discussed the issue at a workshop session and agreed to add to the workplan. He stated that the interim ordinance could be adopted to prohibit location of an adult business in the City pending review of appropriate zoning regulations. No public comment Motion: Ms. Sandoval moved to waive Council rules and take action on the ordinance this evening. Mr. Kolff seconded. The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2858 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING OF APPICATOINS FOR LICENSES, PERMITS AND APPROVALS FOR ADULT BUSINESSES Motion: Ms. Fenn moved for adoption of Ordinance 2858. Ms. Sandoval seconded The motion carried unanimously, 6-0, by roll call vote. APPOINTMENT OF LEGISLATIVE REPRESENTATIVES TO FIRE DISTRICT JOINT DISCUSSION GROUP Mr. Timmons referred to a press release regarding discussions among Fire District representatives to explore the benefits of increased cooperation between districts. He noted that he and Council member Masci had attended a meeting on April 30 and at that time, the group requested that elected officials be chosen to represent each jurisdiction involved in the discussion. City Council Business Meeting Page 8 May 3, 2004 Public comment None Motion: Mrs. Medlicott moved that the three members of the General Government Committee (Masci, Medlicott, KolfJ) represent the City at the meetings. Ms. Sandoval seconded The motion carried unanimously, 6-0, by voice vote. TRANSFER OF FUNDS FROM TRANSMISSION PIPELINE FUND FOR EXPENSES RELATED TO THE UNITED STATES FOREST SERVICE SPECIAL USE PERMIT Mr. Timmons clarified that the transmission pipeline fund exists to fund repair, maintenance and betterment of the pipeline and land; maintaining permits for lease agreements with the Forest Service is an approved use of the money. Motion: Mrs. Medlicott moved to authorize the Finance Director to request funds from the Port Townsend Transmission Line Replacement Fund to pay the expenses related to the USFS Special Use Permit for the OGWS pipeline. Mr. Benskin seconded The motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Appointments to Lodging Tax Advisory Committee Motion: Mr. Kolff moved to accept the Mayor's recommendation and confirm the following appointments to the Lodging Tax Advisory Committee. Mrs. Medlicott seconded The motion carried unanimously, 6-0, by voice vote. Barry Anderson, (at large) position 2, expires 05/01/05 Lawrence Graves, (at large) position 3, expires 05/01/07 Kendra Golden, (recipient) position 4, expires 05/01/05 Mari Mullen, (recipient) position 5, expires 05/01/06 Dave Robison, (recipient) position 6, expires 05/01/07 Jim Pivarnik, (recipient) position 7, expires 05/01/07 Steve Shively, (collector) position 8, expires 05/01/07 Carol McGough, (collector) position 9, expires 05/01/05 Tim Stover, (collector) position 10, expires 05/01/06 John Eissinger, (collector) position 11, expires 05/01/06 Tim Caldwell (ex-officio) Appointments to the Golf Course Task Force Public Comment: City Council Business Meeting Page 9 May 3, 2004 Barbara Pastore noted that Patsy Caldwell is also a member of the Park & Recreation Advisory Board. Mr. Kolff moved to accept the Mayor's recommendation and confirm the following appointments to the Golf Course Task Force. Mrs. Medlicott seconded. The motion carried unanimously, 6-0, by voice vote. Gary Baird Patsy Caldwell George Randels Mary Norwood Arlene Iardella Jim Grabicki Bruce McComas COMMENTS FROM COUNCIL Ms. Sandoval asked if the issue of Maple Street/Maple Court has been resolved. Staff will report back. ADJOURN There being no further business, the meeting was adjourned at 10:40 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 10 May 3, 2004