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HomeMy WebLinkAbout07062004 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 6, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this sixth day of July, 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, Freida Fenn, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Kees Kolff was excused. Geoff Masci arrived at 6:55 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA . Mayor Robinson announced that the cottage housing ordinance public hearing on June 21 had originally been scheduled for continuation this evening; however following discussion, the Council decided it wanted another workshop before taking further action. Therefore the cottage housing ordinance does not appear on tonight's agenda. A workshop on the issue has been scheduled for July 12. Mr. Benskin requested that item C (Clallam Street legal action) and item H (Gateway Buffer agreement) be removed from the consent agenda. They were placed under Unfinished Business and New Business, respectively. Mayor Robinson noted a correction to the minutes of June 21. The vote on the motion to contribute $25,000 to Healthy Jefferson funding was 3 (not 2) in favor, 1 opposed and 2 abstaining. PUBLIC COMMENT (consent and non-agenda items) Todd Wexman supplied written comments concerning citizen advisory boards and city finances. CONSENT AGENDA . Motion: Mrs. Medlicott moved for approval of the following items on the Consent Agenda. Mr. Benskin seconded. The motion carried unanimously, 5-0, by voice vote. City Council Business Meeting Page 1 July 6,2004 . Approval of Bills, Claims and Warrants: Vouchers 90412 through 90568 in the amount of $653,862.45 Vouchers 702041 through 702047 in the amount of $70,978.99 Approval of Minutes: June 21, 2004 Adoption of Ordinance: ORDINANCE 2863 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RENAMING A PORTION OF MAPLE STREET (FROM OAK STREET TO DEAD END AT APPROXIMATELY"J' STREET) TO MAPLE PLACE Adoption of Resolutions: RESOLUTION 04-033 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO RELEASE HOLD HARMLESS INDEMNIFICATION COVENANT WITH KELLOGG BUILDING, LLC RESOLUTION 04-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING THE P.E.G. ACCESS ADVISORY BOARD Contract Authorization: Authorization to City Manager to sign amended Interlocal Agreement between the City and Port Townsend School District for shared use of a cable production facility located at the Port Townsend High School. UNFINISHED BUSINESS RESOLUTION NO. 04-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES ON THE 2004 COMPREHENSIVE PLAN UPDATE . City Council Business Meeting Page 2 July 6, 2004 . Mr. Timmons introduced the resolution, stating that Cascadia has been assisting BCD staff with the 2004 Comprehensive Plan update; although the scope of work has been anticipated since the fall of2003, full funding for was not previously identified. Partial funding of$15,000 from a state GMA grant has been expended and additional funding is now available in the form of unexpended salaries for unfilled positions. Jeff Randall, long range planning director, and Eric Toews of Cascadia Planning were present. Ms. Fenn asked why the work was not being shifted in-house as part ofthe department reorganization. Mr. Timmons replied that the Shoreline Plan will take all of the Senior Planner's time and a backlog of code adjustments will be Mr. Randall's responsibility. Consultant services are necessary to meet the compressed time line for compliance with the Comprehensive Plan update. It is anticipated that, in the long term, Comprehensive Plan updates will be done in-house. There was no public comment. Motion: Mrs. Medlicott moved for approval of Resolution 04-035, authorizing the City Manager to sign an amendment to the professional services agreement with Cascadia Community Planning Services for consultant services on the 2004 Comprehensive Plan Update. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. . UPPER SIMS WAY APPRAISAL CONTRACT REGARDING LID FORMATION Mr. Timmons introduced the item. Staff has asked for authorization to execute an agreement for a preliminary special benefits analysis in connection with potential formation of a local improvement district to fund and construct upper Sims Way improvements, which include a traffic signal at Sims and Howard, and intersection improvements at Howard and Discovery. City Attorney Watts noted that this is a procedure authorized by state law and the appraisal process helps determine which property owners will receive special benefit from the projects. Key property owners have expressed generally favorable comments on the project at meetings with the City Manager. The preliminary analysis will determine whether going forward with an LID is justified. Public comment None Ms. Fenn disclosed a potential financial interest in a block of land on Thomas Street which is in the general area but not within the potential boundary. Mr. Watts confirmed that property is not currently targeted for inclusion in the LID so at this time there is no conflict of interest. . City Council Business Meeting Page 3 July 6, 2004 . Motion: Ms. Sandoval moved to authorize the City Manager to execute an Agreement with Macaulay and Associates for preliminary feasibility study and boundary recommendation, not to exceed $15,000. Mr. Benskin seconded. The motion carried unanimously, 5-0, by voice vote. ORDINANCE NO. 2865 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 8.08, DOGS - OBJECTOINABLE WASTE REMOVAL, SECTION 8.08.010, OWNER RESPONSIBILITY, AND SECTION 8.08020, REMOV AL OF FECES REQUIRED, TO REQUIRE REMOV AL OF DOG FECES ON PUBLIC PROPERTY OR PRIVATE PROPERTY NOT OWNED BY THE DOG OWNER Mr. Watts stated that the ordinance came forward through the "In box" process. The ordinance would mandate removal of dog feces by the dog owner or person in charge of a dog from any public property or from any private property not owned or leased by the owner or person in charge of the dog. Mr. Benskin asked what the penalty for infractions would be. Mr. Watts replied that there is a $100 fine for the first infraction and the infraction must be issued by a Police Officer. . Pubic comment Jim Todd spoke in support of passage of the ordinance. Motion: Mrs. Medlicott moved to waive Council rules and adopt Ordinance 2865. Ms. Fenn seconded. Ms. Robinson said she had received an inquiry about dog waste on the dog owner's property which was not picked up and became a nuisance to the neighbors. Mr. Watts stated this may constitute a nuisance and is a situation that should be addressed through the citizen concern process. Vote: the motion carried unanimously, 5-0, by voice vote. ORDINANCE 2866 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER 3.50 OF THE PORT TOWNSEND MUNICIPAL CODE, ESTABLISHING A 1% FOR ARTS PROGRAM . Mr. Timmons stated the matter was discussed at a Council workshop following the Arts Commission's recommendation to establish the program. He added that the City has in practice devoted funding to arts as part of certain capital projects. City Council Business Meeting Page 4 July 6,2004 · Mr. Watts noted that the Arts Commission supports the final form of the ordinance. He added that the amount for each project has 1 % as a target, not an actual proscribed figure. At the time of substantial plan completion for a municipal project, the staff would recommend a fixed amount to apply toward funding of art. Mr. Benskin asked ifthere would be an effort to tie the art back into the cost of the project, for example, for decorative hand railings in the City Hall Annex - would that be a cost savings while incorporating art? Mr. Watts stated this is not prescribed by the ordinance but is an option for the Council to consider. In answer to a question from Mrs. Medlicott, Mr. Timmons replied that the city's funding of art in connection with projects has been case by case in the past and will now be across a broad spectrum. Public comment: none Motion: Ms. Fenn movedfor first reading of Ordinance 2866. Ms. Sandoval seconded. The motion carried, 3-2, by voice vote, with Benskin and Medlicott opposed. FIRE DISTRICT CONSOLIDATION · Mr. Timmons stated that Fire Protection District 6 is requesting that a working group be established consisting of representatives from the City and the Fire District to draft an interlocal agreement, proposed budget and operation plan for consolidation of the departments. He added this is a follow up to a long series of discussions. After completion of the meetings and discussions, District #6 has agreed that the proposal will be brought to public forum in both the District and the City. Mr. Benskin asked whether this would mean shared staffing between the entities. Mr. Timmons answered that there has been discussion of having one chief overseeing both departments; however it depends on how the proposal is presented. Public comment None Motion: Mrs. Medlicott moved to task the General Government Committee with representing the City in meetings with Fire District #6 for the purpose of drafting an interlocal agreement regarding consolidation. Mr. Benskin seconded. The motion carried unanimously, 5-0, by voice vote. 2005 BUDGET · Mr. Timmons noted that the City Council held a budget workshop on June 10 to address 2005 budget issues. He said that although 1-864 did not receive enough signatures to be City Council Business Meeting Page 5 July 6, 2004 · placed on the ballot, the City still needs a plan to deal with budget projections considering the variables that will affect finances in the upcoming years. Ms. Sandoval asked if the City still planned to approve the existing levy in case 1-864 or similar legislation is approved in the future. Mr. Timmons stated that it is difficult to predict the form future legislation may take and the Committee needs to discuss these types of items. Public comment: none Motion: Ms. Sandoval moved to task the Finance & Budget Committee to work with administration in developing two draft budget projections, one with the impacts of 1-864, and another without concerns of 1-864, and also consider impacts offire district consolidation. Mrs. Medlicott seconded. The motion carried unanimously, 5-0, by voice vote. BOY SCOUT HOUSE PROPERTY PURCHASE - CONTRACT APPROVAL Ms. Sandoval recused herself from the proceedings. Mrs. Medlicott disclosed for the record that she lives in the neighborhood affected. The City Attorney has advised this is not cause for recusal. · Mr. Watts stated that a contingent purchase and sale agreement (PSA) for possible purchase of the Boy Scout property at a price of $1 ,175,000 has been negotiated with the owner, Mr. Garrison. The PSA fixes a value and allows the City and Friends a target on price to meet and a five-month "window" subject to payment of earnest money within which to explore options. Mr. Benskin asked the price ofthe appraisal and amount of estimated stafftime expended so far. Mr. Timmons stated the appraisal was $3,000.00 Staff time was not tracked. Mr. Watts estimated 10-15 hours of time was involved. Mr. Masci arrived at 8 p. m. Public comment Judith Bird, Friends of Scout House, supported postponement of action until July 19, and stated the Friends have been working with the State Historic Preservation Trust about fundraising activities. She asked for an explanation of the "bump" clause in Exhibit A. Todd Wexman stated that the City shouldn't privatize "public" buildings. · Joshua Bennun commented on the appraisals. City Council Business Meeting Page 6 July 6, 2004 · Elsa Golts, Friends of Scout House, thanked the City for its efforts to date. Mr. Watts explained that the contract does provide a "bump" clause but the bump doesn't kick in until 90 days; after 90 days, if Mr. Garrison presents a backup offer, the City has fourteen days to close on this agreement. Motion: Mr. Masci moved for approval of the PSA without further postponement. Mr. Benskin seconded. Ms. Robinson asked whether the motion assumed support for the earnest money from the Friends or ifMr. Masci is proposing the City put up that money. Mr. Masci replied that he is supporting neither; he is just proposing that we approve the PSA as presented by the staff rather than wait another two weeks. Ms. Fenn stated that by waiting until the 19t\ the Council will have a chance to see what the Friends are proposing; she added that if they are trying to build a partnership, we don't want to demand that they give us commitment numbers tonight. Mrs. Medlicott stated that she loves the property and is supportive of the Scouts. She added she couldn't support the motion because of the money already spent by the City and the difficulty of explaining this expenditure to taxpayers in other parts ofthe City. · Mr. Benskin stated he does not believe it is the City's business either tonight or on the 19th to enter into a purchase agreement. Ms. Fenn stated that the sale of the property has been a difficult issue for the community; she believes the Council is in the role of mediator as the City tries to come up with a creative way to help the Friends in their project. Ms. Robinson stated she wishes to disclose that she was invited to meet with two of the Friends and she did sit down and have a conversation with them. Ms. Medlicott said she also met by invitation with Friends representatives. Mr. Benskin stated he was contacted by the Friends but responded to them that he believed it would not be appropriate to meet with them. Ms. Robinson stated she would prefer not to approve the purchase and sale agreement at this time but would like to delay to the 19th to see what information is ready at that time. Vote on motion: motion failed, 0-5. · Motion: Ms. Fenn moved to place the purchase and sales agreement on the July 19 Council meeting agenda for consideration of additional information brought forward by City Council Business Meeting Page 7 July 6, 2004 · the Friends of the Scout House. Ms. Robinson seconded. The motionfailed, 2-3, with Benskin, Masci and Medlicott opposed. RECESS Mayor Robinson declared a recess at 8:30 for the purpose of a break. RECONVENE The meeting was reconvened at 8:40 p.m. CLALLAM STREET V ACA TION Mr. Watts stated the matter of the Clallam street vacation was on the consent agenda at the June 7, 2004 meeting and removed for discussion regarding whether or not the Shoreline Management Act impacted the "non-user statute" that provides certain roads dedicated to the County are vacated if not opened as roads within five years. The Assistant Attorney General has advised that the SMA does not govern or supercede the non-user statute and only applies to shoreline developments, not street vacations. He also said that since the matter was last before the Council, the property owner, Mr. Holloway, has filed pleadings seeking another segment of unopened Clallam Street which is directly in front of his residence. Staff recommends this area be included in the resolution of the lawsuit. · In answer to a question from Ms. Sandoval, Mr. Watts noted that the court decree will say that only public rights are at issue; private interest in the right of way, for instance, for access to property, is not affected. The City will make GIS notations that these types of vacated streets are still subject to private rights of access. Public comment: none Motion: Mr. Masci moved to authorize the City Manager to settle the Clallam Street legal action by vacating a portion ofClallam Street ROW adjacent to property owner as claimed in Jefferson County lawsuit #03-2-00243-9. Ms. Medlicott seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Benskin stated that many properties in the City are affected and said that the City should consider doing a blanket street vacation ordinance such as the one done in Mukilteo. Ms. Robinson recommended that this issue be added to the In Box process. NEW BUSINESS RESOLUTION 04-036 · City Council Business Meeting Page 8 July 6, 2004 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE APPROPRIATE AGREEMENTS AND SIGN DOCUMENTS FOR THE REMOVAL OF THE SUNKEN BARGE "RELIEF" UNDER THE STATE'S DERELICT VESSEL REMOVAL PROGRAM Public Works Director Ken Clow introduced the Resolution. He stated that the State Department of Natural Resources has pushed for the removal of a 120' wooden vessel which sank while moored adjacent to the railroad transfer span near the Boat Haven Marina. The Department has expressed concerns regarding fish migration. Removal of the barge qualifies for the Derelict Vessel Act program to remove derelict and abandoned vessels. Under the program, the DNR will reimburse the appropriate authorized public entity 75% of the cost of removing qualified derelict vessels. Cost of removing and disposing ofthe barge is estimated to be $45,000 - $60,000. The final cost to the City will depend on the actual cost of removal and the final arrangements among the City, Port and PT Paper Company on cost sharing the 25% local match. Mr. Clow noted that it is not likely any money will come forth from the owner even if he can be found. Motion: Mr. Masci moved to approve Resolution 04.,.036. Ms. Medlicott seconded. The motion carried unanimously, 6-0, by voice vote. · ORDINANCE 2867 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING AND UPDATING CHAPTER 16.04, BUILDING CODE, OF THE PORT TOWNSEND MUNICIPAL CODE, TO INCORPORATE THE 2003 INTERNATIONAL BUILDING CODE 2003 INTERNATIONAL RESIDENTIAL CODE 2003 INTERNATIONAL MECHANICAL CODE 2003 INTERNATIONAL FIRE CODE 2003 UNIFORM PLUMBING CODE AND UNIFORM PLUMBING CODE STANDARDS, AND RELATED WASHINGTON ADMINISTRATIVE CODE CHANGES WITH CHANGES AND EXCEPTIONS AS SET FORTH IN THIS ORDINANCE, AND RE- ADOPTING BUILDING PERMIT FEE SCHEDULES Mr. Timmons introduced the ordinance, saying it will update the Municipal Code to replace references to the Uniform Building Code (UBC) with the International Building Code (I-Code) and related I-Codes. Because the I-Codes are mandated statewide by the state legislature, and because PTMC 16.04.010 automatically incorporates any amendments required by state law, no city law change is required for the I-Codes to be effective in the City; however, removal of outdated references to the UBC and Uniform Fire Code (UFC) and replacing them with reference to the I-Code is appropriate. · City Council Business Meeting Page 9 July 6, 2004 · One change proposed to the I-Code involves an exemption to obtaining a building permit for the construction of certain accessory structures. He stated that Councilor Benskin recommends consideration to adopting certain appendices to the I-Codes. The Interim Building Official recommends any action on adoption of appendices occur following review and recommendation by the regular Building Official once that person is hired. He also states that any appendix can be used as a guideline even if it is not mandatory by adoption. Public comment None Motion: Mr. Masci moved to waive Council rules and adopt Ordinance 2867 as presented by staff, including the 2003 International Residential Code appendices. Mrs. Medlicott seconded. Mr. Watts stated the optional appendices are not required; the one recommended for adoption is Appendix "J" which is currently in the Uniform Building Code already adopted by the City. He said the Interim Building Official had concerns about other appendices and suggested they should be reviewed by the Council and department before adoption. · He also added, in answer to Mr. Masci's question, that there will be no gap in applicability of the fee structure between the required implementation and the time the ordinance is in force. Mr. Masci then withdrew his original motion. Motion: Mr. Masci moved to waive Council rules for two readings so the Ordinance can be adopted this evening. Ms. Fenn seconded. The motion carried, 6-0, by voice vote. Motion: Mr. Masci moved for adoption of Ordinance 2867. Mr. Benskin seconded. Motion to amend: Mr. Benskin moved to separate the motion into two issues, code adoption andfee schedule adoption. Mr. Masci seconded. Mr. Benskin stated that because the state has abolished the UBC, including Schedule lA for fee collections and calculations, he believes that a fee schedule must be re-adopted so the City can have legal standing to collect fees. Mr. Watts stated that the current ordinance says fees set forth in the 1997 UBC are adopted by ordinance; state law defers to the local jurisdiction to set fees so the state law in effect on July 1 did not affect the City's existing fee framework. Mr. Timmons noted that the fee schedule exists in a different section of the Code. · Vote on amendment: amendment failed with 2 in favor, 3 opposed, one abstention (Medlicott) (Fenn, Robinson, Sandoval opposed) City Council Business Meeting Page 10 July 6, 2004 . Vote on main motion to adopt Ordinance 2867 carried unanimously, 6-0, by roll call vote. Motion: Mr. Masci moved to instruct staff to bring back an opinion on adoption of the appendices as previously discussed in either three months or when a permanent Building Official is hired, whichever is sooner. Mr. Benskin seconded. Mr. Timmons stated that he would like to work with the County to make sure the City and County adopt the same building codes. Vote: motion failed, 3-3, with Fenn, Sandoval and Robinson opposed. RESOLUTION 04-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING THE 2004 JEFFERSON COUNTY-CITY OF PORT TOWNSEND NATURAL HAZARD MITIGATION PLAN AS THE OFFICIAL NATURAL HAZARD MITIGATION PLAN FOR THE CITY OF PORT TOWNSEND Mr. Timmons asked for a motion to postpone the item; staff was notified today of a $49,000 grant and he needs time to make sure there aren't special conditions that need to be incorporated into the Resolution. . Motion: Mrs. Medlicott moved to postpone action on Resolution 04-037 to July 19. Ms. Fenn seconded. The motion carried unanimously, 6-0, by voice vote. CONTRACT (CONTINGENT) FOR PURCHASE OF COUNTY DEPARTMENT OF SOCIAL AND HEALTH SERVICES (DSHS) PROPERTY Mr. Timmons stated this is a follow-up to his report at the previous Council meeting on the ongoing conversations regarding possible purchase of the County's DSHS Building for use as a Police facility. If the Purchase and Sales Agreement (PSA) reflecting the tentative agreements that have been negotiated by the City Manager and County Administrator are approved by Council and BOCC, the appraisal process to establish value would occur. Following the appraisal process, the matter would be brought back to the City Council for a decision on whether or not to proceed with the purchase based on the appraisal and funding availability. He noted that the matter is in effect approval of a process to establish value, with follow up Council approval required prior to any purchase. The time line is estimated at about two years if the purchase goes forward. Motion: Ms. Fenn moved to authorize the City Manager to execute a real estate purchase and sale agreement regarding possible purchase of the DSHS building, and on BOCC approval, proceed with the appraisal process. Mrs. Medlicott seconded. The motion carried unanimously, 6-0, by voice vote. . City Council Business Meeting Page II July 6, 2004 GA TEW A Y BUFFER AGREEMENT · Mr. Timmons introduced the agreement which would be among the City, County, and Jefferson Land Trust for the purchase of approximately three acres known as the Gateway Buffer. The agreement includes provisions that the County will dedicate $10,000 for the purchase of the buffer from the $25,000 purchase price received by the County from the City for purchase of County Kah Tai Lagoon property and commits the County to a covenant that the property will remain a forested corridor subject to selective logging according to a management plan. New language was also presented which was just received from the County, adding a sentence in page 3 regarding the North Buffer: "If needed in the future for transportation purposes, County may also sell the property or a portion for that purpose." Ms. Sandoval asked if the new sentence refers to public or private transportation purposes. Mr. Watts stated the intent is for public transportation, not private access. He added that adding the word "public" would probably be an acceptable addition. Public comment: none · Motion: Ms. Fenn moved to authorize the City Manager to execute the North Gateway Buffer property agreement with the County and Jefferson Land Trust with the addition of the word "public" before "transportation" in the new line. Mr. Benskin seconded. The motion carried unanimously, 6-0, by voice vote. SUGGESTIONS FOR FUTURE AGENDAS Regarding items to address for the "In Box" work session, Mr. Benskin suggested considering a universal street vacation ordinance for all rights of way affected by the "non-user statute" such as tonight's Clallam Street vacation. Ms. Sandoval suggested addressing noise and traffic at the Fairgrounds and whether it is exempted from the City's noise ordinance. Ms. Fenn noted that she would not be present on July 15. She requested a list of the "In Box" items so that she can comment on them prior to the meeting. ADJOURN There being no further business, the meeting was adjourned at 10:04 p.m. · ~: ( . .. i) ( i¿.. i. " . \-:Þ{ r£-<Z·~-L-K 0Zl/vVl-£Jt¿,,- U Pamela Kolacy, CMC City Clerk City Council Business Meeting Page I2 July 6, 2004