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HomeMy WebLinkAbout11012004 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 1, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council ofthe City of Port Townsend met in regular session this first day of November, 2004, at 6:30 p.m. in the Port Townsend temporary Council Chambers at Building 204, Fort Worden State Park, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, DSD Manager David Wright, Water Quality Manager Bob LaCroix, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. . PUBLIC COMMENT (consent and non-agenda items) Nancy Dorgan: noted the City's water plan is begin revised, and called upon Council members to establish a citizen committee and to educate themselves on water issues. MAYOR, COUNCILOR, CITY MANAGER COMMENT Mr. Timmons asked Public Works Director Clow Ken to address the issue ofthe update to the water system plan. Mr. Clow noted that the consultant is currently making technical and administrative changes to the plan and identifying changes to the system, like the sale of the Tri-Area water system, that have occurred since the plan was adopted. When this process is complete, staff will bring the plan back to the Council and the Council will decide the next step. He emphasized that these were technical and factual pieces which must be done prior to policy review. In answer to Mr. Kolff s question, Mr. Clow stated this stage of review should be completed by the end of 2004. He added that completion does impact the city's ability to get money from the Public Works Trust Fund, etc. Mr. Timmons said that staff would probably recommend adoption of interim policies during 2005 based on the removal of outdated references, etc. . City Council Business Meeting Page 1 November 1,2004 . Mr. Timmons also stated that the City has retained David Goldsmith to moderate the public meeting the Council requested staff to schedule on November 8. The suggested format is similar to the Glen Cove meeting; will use a dot matrix and small group format so everyone has a chance to have their issues catalogued. The group will be looking at the framework of the budget in terms of dollars which are available to allocate and what the group sees as priorities. Staffs presentation will be limited to 10 minutes. Ms. Sandoval stated that general information on the budget should be added to the website and asked if preliminary budgets will be available on Wednesday. Mr. Kolff asked about the role of council at the meeting. Mayor Robinson suggested that the item is prompting enough discussion to be placed on the agenda. There was agreement to place the item as "F" under Unfinished Business. Mayor Robinson asked Council members to look at the largest room in the basement of Waterman & Katz as a possible meeting room for the Council in 2005. If there are no objections, staff will pursue steps to facilitate use of the room. Mayor Robinson then announced that City Manager Dave Timmons has been recognized for his contributions to city government over the past 25 years by the International City and County Managers Association. . Mr. Timmons recognized City Clerk Pam Kolacy for entering the second level of the Master Municipal Clerks Academy. CONSENT AGENDA Ms. Fenn moved for approval of the following items on the Consent Agenda. Mr. Kolff seconded. The motion carried unanimously, 7-0. Approval of Bills, Claims and Warrants Vouchers 91706 through 91840 in the amount of$166,881.80 Vouchers 1020041 through 1020047 in the amount of$22,191.62 Approval of Minutes for October 4, 2004 October 18, 2004 October 21, 2004 October 25,2004 UNFINISHED BUSINESS Development Services Department Reorganization . Mr. Timmons stated that the process has moved from systems analysis to management City Council Business Meeting Page 2 November 1,2004 . mode and that Mr. Wright will now become more of an interim director and will start making management changes. He stated that one of the main changes to the system would be to separate capital development and long range planning as separate initiatives in the community. Interim Director David Wright stated that the round table process would continue with realtors, developers, professionals, and public policy makers. Many internal changes at the lower level may take place as a result of management changes at the higher level; there will be a period of readjustment as the process goes forward. He stated that we would be shifting to a different gear as he has been hands-off management and will now become a presence in the department and look at necessary management tasks, including beginning a performance evaluation process for all staff members. Mr. Masci asked about "TRIPS," how is it different from DSIS and what is the difference in cost? Mr. Wright replied that TRIPS is an acronym for a data management system developed years ago, used for tracking permits internally. He referred to the memo included in the packet materials, recommending a short-term fix to TRIPS with development of a new system to happen concurrently. He added that this would result in a very functional system which would probably pay for itself in terms of the savings in staff time. He also noted that this would not be integrated with the County system, which is a proprietary system that would probably cost at least $100,000 plus annual maintenance agreements. . Mr. Wright added, in answer to a question from Mr. Kolff, that the way cost recovery is built into the system has to do with the hourly rate charged to the customer for planning staff time - this will enable us to keep an accurate record of the time spent on complex projects so the customer can be billed according to the fee schedule. He confirmed that the $50,000 would include both the TRIPS quick fix and the design of the new system. In answer to a question from Ms. Sandoval, Mr. Wright stated that there has been about a 260% increase in need for both inspections and permits to be processed. He added that the department is working toward a shift from hiring more employees to using outside services for peak periods; this eliminates the need to carry a high level of staff when there isn't as much activity. Regarding the statement in the packet materials regarding the recommendation to outsource plan review for those projects where the owners and/or design professionals refuse to acknowledge responsibility for code compliance to the city and owner, those third party reviews would be charged to the applicant. Public comment: None . In answer to a question from Ms. Sandoval, Mr. Wright acknowledged that there is a trade off between the customer service aspect of having someone available for walk-in City Council Business Meeting Page 3 November 1, 2004 . questions at all times and getting the work done on existing project applications. He stated the department is working on moving to a process where there are more tools in the hands of the public (example, GIS information with overlays which may soon be available on CD) and encouraging the scheduling of appointments rather than interrupting staff without notice. He also noted that it is not the intent to become so dependent on technology that personal contact is discouraged; sharing information to the public up front will make face-to-face contact more productive. Regarding those who go forward with unpermitted projects, Mr. Wright stated it has a lot to do with staff depth; at this time there is not much pain to those who violate the building code and staff must respond to the pressure. He stated that the city needs to put some teeth into the ordinance to stop people from building without permits. Mr. Benskin took exception to the recommendation that the city not hire a building official and to the tone of the memo regarding County services. He stated it is critical to have someone who can administer the code. Mr. Wright stated he reread the memo and apologizes for implications that are unfavorable to the County; he stated they did bail out the city when our building inspector left; he added that the city does reciprocate by providing fire inspection services to the County without charge. He added that he is convinced that the DSD director should have the responsibility across the board without creating a separate position for a building official. . Mr. Benskin added, for purposes of disclosure, that he is a contract employee for the County and does commercial building inspections as well as acting as a plans examiner; he does not become involved in city projects, however. Mr. Timmons stated that he proposes to address the building official issue; he said one problem is that it is not a full time job here and he is currently reviewing department job descriptions to determine how to accommodate that need. Mr. Masci stated that Councilors Sandoval and Benskin who were appointed as observers to the process have not been involved in attending the staff reorganization meetings. Mr. Timmons replied the objective was to let staff feel as free as possible to speak and it would be difficult with City Council members sitting in; he has no objection to meeting with and briefing the Councilors but thought that the Council had indicated this was the process they wanted; that staff would go about their work and keep the Council informed. Any formative changes will include the council. ORDINANCE 2881 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, EXTENDING A MORATORIUM ON THE FILING OF APPLICA nONS FOR LICENSES, PERMITS AND APPROVALS FOR ADULT BUSINESSES . City Council Business Meeting Page 4 November 1,2004 . City Attorney Watts reviewed the packet materials, noting that Council previously approved Ordinance 2858, prohibiting applications for adult businesses pending council action on regulations and zoning for adult businesses. The ordinance before the Council is to extend the moratorium for six months to allow staff review of regulations and potential zoning to continue. Mr. Watts noted that staff intends to bring forward proposed regulations and planning process in the first quarter of2005. Public comment Nancy Dorgan spoke in support of the legislation. Motion: Mr. Kolff moved to waive Council rules in order to adopt the ordinance immediately. Mr. Masci seconded The motion carried unanimously, 7-0, by voice vote. Motion: Mr. Kolffmovedfor adoption of Ordinance 2881. Mr. Masci seconded The motion carried unanimously, 7-0, by roll call vote. ORDINANCE 2875 . AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE SECTION 17.30.085 RELATING TO REVIEW OF APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS, DEMOLITION STANDARDS TO PROVIDE ADDED REVIEW BEFORE DEMOLITION OF AN HISTORIC STRUCTURE OCCURS Mayor Robinson noted that on October 4,2004, Council failed to pass Ordinance 2875. Councilor Kolff, who voted on the prevailing side, has requested to add the item to tonight's agenda with the intent of moving for reconsideration as authorized by Robert's Rules of Order. Mr. Masci called for Ms. Fenn's recusal due to a potential financial interest in a Point Hudson property. Mr. Watts noted that the relationship between Council action which is legislation and potential but not actual, does not mean Ms. Fenn must recuse. He added that this issue has been reviewed with MRSC and the staff there agreed there is no legal basis for recusal. Motion: Mr. Kolffmovedfor reconsideration of Ordinance 2875. Ms. Sandoval seconded Public comment: none Vote: motion to reconsider carried, 4-3, with Benskin, Masci and Medlicott opposed . Mr. Watts noted that the main motion, for adoption of Ordinance 2875, is now before the City Council Business Meeting Page 5 November 1,2004 . . . Council. Amendment: Mr. Benskin proposed an amendment in (D)(1) to change "five" years experience to "ten" years experience. Mr. Masci seconded Ms. Fenn noted her concern that there could be a very small pool of people meeting these qualifications and that stipulating ten years might narrow the field too much. Mr. Kolff noted that the phrase reads "at least" five years so that is a minimum so a more experienced person could be chosen; he stated he would hate to hold up a process for a building owner because a person with the minimum qualifications could not be found. Vote on amendment: motion carried, 5-2, by voice vote, with Kolff and Fenn opposed Amendment: Mr. Benskin voted to remove the last sentence in (D)(4). ("HPC shall not review structural or financial analysis relative ... ... " Mr. Masci seconded. Ms. Sandoval asked if HPC is excluded explicitly from commenting on applications; Mr. Timmons noted that it is not desired that they do an independent review but they can still submit comments to the expert. Ms. Fenn stated that the HPC is not happy about being excluded; she is not in favor of limiting HPC review of demolition issues and the amendment as it stands would not hinder them from making comments. Vote on amendment: (strike last sentence of section 4) carried, 6-1, by voice vote, with Robinson opposed Amendment: Mr. Masci proposed a friendly amendment to add the phrase "but are not limited to" in (D)(1) after Examples of relevant professions, businesses, or organizations include." The amendment was accepted Vote on the main motion with amendments: motion carried, 4-3, by roll call vote, Benskin, Masci and Medlicott opposed REPORT FROM PEG COMMITTEE REGARDING TASK LIST AND FEES Mr. Masci reported that the Committee has accepted the tasks assigned by Council, and is not recommending any changes in the fee structure for membership at this time. The Committee has appointed a sub-committee to discuss finances, in particular to gain a better understanding on the cost of service to members, and will report back on this issue in May along with the other issues assigned. Public comment: None City Council Business Meeting Page 6 November 1, 2004 . . . Mr. Kolff asked how much additional revenue might be raised if the fees were increased by 25%. Ms. Kolacy stated it would be about $2,000 based on current revenue figures. GUIDELINES FOR NEGOTIATION OF INSTREAM FLOW RATES FOR CITY REPRESENTATIVES TO WRIA 17 Mr. Timmons stated that on August 9, the City Council passed a motion adopting guidelines to be used by the City representatives to the WRIA 17 Planning Unit in reaching a consensus position among Planning Unit members regarding the setting of minimum instream flow limits. Subsequent discussions identified that the adopted guidelines were not adequately supportable by the best available science and would likely have blocked reaching any consensus without providing significantly more protection to the City's water rights and usage. Staff recommends that the Council adopt a revised policy to guide City participation in the WRIA 17 process which modifies the City position on the minimum acceptable flow restrictions in the Big and Little Qui1cene Rivers allowing the negotiators greater flexibility in attempting to reach consensus without jeopardizing the City water supply in the future. The revised policy allows for higher minimum instream flows on the two rivers while seeking a stipulation to the WRIA 17 recommendation to the Department of Ecology that states future minimum instream flows should not be used to imply that existing water rights should be conditioned to achieve the recommended flows. Public comment Nancy Dorgan stated that DOE official have said that the streams we are talking about have already been over-allocated and now are talking about new water rights for fish; and a reserve for water from the ground connected to streams. She stated they have gone too far already and noted that WSU extension once again is offering a water law course; she urged Council to become better educated on these issues. Motion: Ms. Sandoval moved to adopt the new policy guidance dated October 28, 2004, for use by the City's WRIA Planning Unit representative to negotiate reasonable minimum instreamflow rates. Ms. Fenn seconded. Mr. Masci stated that he would like reassurance about the last sentence in paragraph (4) that instream flows do not affect the City's existing water right. He is not convinced that best available science was being pursued and DOE should not be the end all of information. He stated he has little or no trust in the NGOs participating and does not feel comfortable arming them with any type of data that would come back and haunt us in the future. Mr. Kolff stated that this would not be the last time the Council gets information on this matter. Ms. Sandoval stated all are concerned with conserving the City's water right and if we don't do it, Fish and Wildlife will do it for us. City Council Business Meeting Page 7 November 1,2004 . . . Mr. Kolff stated that the NGOs have been active participants in the process and the DOE has been open to learning what local NGOs are doing because there isn't enough data from anyone source. City Attorney Watts stated he would provide the legal citation concerning the senior water right to the Council. Vote: the motion carried, 6-1, by voice vote, Masci opposed NEW BUSINESS COMMUNITY PLA YGROUND Mr. Timmons stated that this matter came before the Council on October 25,2004 as part of the In-box process. At that time it was Council consensus to place the matter of Erica Delma's request to place community playground equipment at Pope Marine Park on a regular business agenda. The City would provide space and support through the process and then provide long term maintenance of the facility. He added that staff encourages an alternative site be identified due to the anticipated permitting challenges, including shorelines review and HPC design review. Public comment: Erica Delma stated that Pope Marine is by far the best site, but if necessary she will commit to the project at another site. She stated the playground equipment company has built in many different locations and will be familiar with permitting issues. Motion: Mr. Kolff moved to refer the proposal to develop a community playground at Pope Marine Park to the Park and Recreation Advisory Board to make a determination whether or not the proposal is consistent with the Parks Functional Plan and if the Pope Marine Park site is not adequate, to work to find another site; also to work with the proponent, provider of equipment, and appropriate departments an agencies on developing a design and making a recommendation back to Council. Ms. Sandoval seconded. Mrs. Medlicott stated it doesn't seem reasonable for the Committee to go so far as developing a plan and design before coming back to the Council. Mr. Watts stated that the Park and Recreation Advisory Board would appoint a subcommittee of members to work with the proponent, agencies such as HPC, and develop a conceptual working design; report would be made regularly to Council to get input at intermediate levels. Ms. Delma stated that potential sites must be identified before a design day can be scheduled; it will be sufficient to know that the Pope Marine site is a possibility. City Council Business Meeting Page 8 November 1,2004 . . . Mr. Timmons stated the Park and Recreation Advisory Board would act only within its authority and any agreement would come before Council. Amendment: (accepted as friendly): Mr. Kolff proposed to amend the motion to remove the last phrase ("work with the proponent, provider... " and substitute "return to Council with a recommendation and direction on how to proceed" Vote on the main motion, as amended carried unanimously, 7-0, by voice vote. ORDINANCE 2880 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADDING A NEW CHAPTER 10.46, MOTORIZED FOOT SCOOTERS TO THE PORT TOWNSEND MUNICIPAL CODE REGULATING THE OPERATION OF MOTORIZED FOOT SCOOTERS WITHIN THE CITY LIMITS, AND PROVIDING FOR ENFORCEMENT AUTHORITY AND PENAL TIES City Attorney Watts reviewed the packet material, stating that this matter came to the Council In-box on October 25 and consensus was to place the matter on a business meeting agenda. The packet includes a draft Port Townsend ordinance regulating motorized foot scooters. Mr. Benskin stated he does not believe the helmet standard is stringent enough. Mr. Watts stated he could provide alternative language. He also asked if miniature motorcycles are included. Mr. Watts stated that they are ifthey meet the definition in the ordinance. Public comment None Ms. Sandoval asked that the ordinance be referred to the Transportation Committee. Motion: Mr. Masci moved to refer the ordinance to the Transportation Committee for review. Ms. Robinson seconded The motion carried unanimously, 7-0, by voice vote. Staff was directed to research the issues brought up and bring a revised draft to the Transportation Committee before the end of the year. Motion: Mr. Kolffmovedfor first reading of Ordinance 2880. Mr. Masci seconded Mr. Masci questioned whether the level of the fine discriminates against youth. Mr. Watts stated he could bring back some lower possibilities. City Council Business Meeting Page 9 November 1,2004 . . . Vote: motion carried unanimously, 7-0, by voice vote. SUGGESTIONS FOR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION November 8 Town Meeting Mr. Masci asked how the meeting was set. Mr. Kolff stated that Councilors heard from many people about the lack of opportunity to participate in the budget process. Ms. Fenn stated that the meeting was set at the October 18 council meeting. Mrs. Medlicott stated she is in favor but does not believe this was a decision of the entire Council and she had thought there would be further discussion tonight. Mr. Benskin stated that he is still of the opinion that a Saturday would be better and that more people would participate. Motion: Ms. Fenn moved to schedule a town meeting on November 8 at 7 p.m. at the USO Building at Fort Worden, to be facilitated to include public participation using a dot matrix and an informal survey of priorities as outlined in the Mayor's report tonight. Ms. Sandoval seconded. Mr. Masci stated he would not be present. Mrs. Medlicott stated she thought there would be more than one forum. Ms. Robinson noted that voting to have this meeting does not rule out having more than one forum. Mr. Timmons stated the staff would recommend a series of community meetings and forums through the year to discuss the long-term budget. This particular meeting will be narrowly focused. It may have a limited value since people with special interests will show up in mass; more will be gained from the priority discussions that will continue. Mrs. Medlicott asked if the Council would be sitting as a body. Ms. Robinson stated that that is her recommendation. Vote: motion carried, 4-3, Benskin, Masci and Sandoval opposed. Ms. Sandoval stated she has mixed feelings about the Council participating in the smaller group discussions, adding she would not want to inhibit discussion. Ms. Robinson suggested the Council sit as a body during the meeting beginning and roam about the room to listen to the small group discussions; the small groups will be reporting to the group as a whole. Motion: Mr. Kolff moved that the Council be represented as a body at the forum and then when small groups are initiated, the Council will be free to roam around, listen and City Council Business Meeting Page 10 November 1,2004 . . . observe, but not participate in the discussion. Ms. Fenn seconded. Mr. Masci objected to the limitation on group participation. Mr. Kolff accepted a friendly amendment that Council members may also participate in the groups if they wish. Vote on motion as amended: motion carried, 5-2, Benskin, Medlicott opposed ADJOURN There being no further business, the meeting was adjourned at 10: 15 p.m. Attest: Val wß- CÞ{;-áy Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 11 November 1, 2004