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HomeMy WebLinkAbout01032005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JANUARY 3, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this third day of January, 2005, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Cedar Room of the Waterman & Katz Building, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, and Michelle Sandoval. Laurie Medlicott was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director KenClow, Library Director Theresa Percy, City Engineer David Peterson, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA . City Manager Timmons stated that there was a request to pull item "C" from the Consent Agenda (Resolution 05-001, Authorizing City Manager to sign contracts for non-profit and other services). The item was placed under "new business" as Item E. Mayor Robinson stated that there was a request to hold on approval of the December 13 minutes until the next business meeting. Mr. Timmons stated that Larry Crockett, Port of Port Townsend Executive Director, has requested fifteen minutes to do a presentation on the Port's plan to submit a proposal to the State regarding locating a graving yard in Port Townsend/Jefferson County. PUBLIC COMMENT (consent and non-agenda items) Mr. Timmons stated that Executive Director Larry Crockett of the Port of Port Townsend has requested fifteen minutes to give a presentation on possibly locating the graving yard in Port Townsend; he added that Mr. Crockett would be requesting a letter of support from the Council. Mayor Robinson asked if the Council wished to add this to the agenda. Ms. Fenn stated she would appreciate an update but expressed concerns about possible quasi-judicial issues that might come before the Council in connection with the project. . City Council Meeting Page I January 3, 2005 . Mr. Timmons stated he discussed this with the city attorney and at this point, there are no concerns about the Council hearing Mr. Crockett's presentation. Mayor Robinson noted the presentation could occur during public comment and then Council can decide if they wish to add it as a discussion item to the agenda. Mr. Masci stated that a public hearing has been noticed and suggested that the presentation be scheduled after the hearing, prior to New Business. There were no objections. PUBLIC COMMENT (Consent and non-agenda items) James Fritz commented regarding earthquake and tsunami danger to Port Townsend. Barry Anderson spoke in opposition to shifting budget allocation for fees for Fort Worden parking to the L T AC reserve fund; stated Council should have notified the L T AC Committee that this was to be considered. Mayor, Councilor, City Manager Comment Mr. Timmons read a memo into the record regarding comments attributed to him in a recent Port Townsend Leader article. . Mr. Timmons stated he is meeting with Department Directors to discuss individual work plans in preparation for the Council retreat in February. Mayor Robinson requested that each Council Committee meet in January to review their work plans in preparation for the Council retreat. Ms. Sandoval noted that the letter approved by Council and sent to Jefferson County Commissioners regarding community infrastructure fundltri-area sewer has a misstatement and should be corrected for the record - the letter refers to L T AC funding and should refer to sales and use tax. CONSENT AGENDA Motion: Mr. Masci moved to approve the following items on the Consent Agenda. Mr. KoljJ seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills. Claims and Warrants Vouchers 92203 through 92368 in the amount of$393,089.73 Vouchers 92371 through 92502 in the amount of$178,687.54 Vouchers 1220041 through 1220048 in the amount of $70,647.06 Approval of Resolution . City Council Meeting Page 2 January 3, 2005 RESOLUTION 05-002 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH W &H PACIFIC AND WITH V AN ALLER SURVEYING FOR UP TO $50,000 FOR THE INITIAL PHASE OF CONSULTANT SERVICES FOR THE HOWARD STREET TRAFFIC LIGHT AND STREET EXTENSION PROJECT PUBLIC HEARING RESOLUTION 05-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING FINDINGS IN SUPPORT OF ORDINANCE 2858, A MORATORIUM ON THE FILING OF APPLICATIONS FOR LICENSES, PERMITS AND APPROV ALS FOR ADULT BUSINESSES Mayor Robinson read the public hearing rules of procedure. She asked if any Councilors had a financial or property interest to declare in connection with the issue at hand. There were none. . City Attorney John Watts did the staff presentation, noting that the hearing is for the purpose of taking comment and then determining whether to extend the current moratorium on adult businesses pending Council action on regulations and zoning for adult businesses. The public hearing is required in order to adopt a resolution containing findings supporting the interim regulation (Ordinance 2881, adopted on November 1, 2004). Mayor Robinson opened the hearing for public comment. There was no public comment. Mr. Masci suggested that a portion of Front Street which is usually under water be designated as the only site at which an adult business may be located. Mr. Watts stated that court rulings say that city regulations have to provide meaningful opportunities for these businesses to locate; they are protected by the First Amendment. As an example, he noted that some cities have said the businesses can locate in shopping malls, knowing that the malls prohibit the type of business - the courts do not consider this a meaningful opportunity to conduct business and therefore it is unlikely they would view an attempt to locate per Mr. Masci's suggestion as lawful. . Ms. Robinson asked how long the moratorium would be in effect. Mr. Watts stated it is for six months (until May 1) - if at that time Council is in a position to enact permanent regulations, the moratorium will end; otherwise the moratorium may be extended. City Council Meeting Page 3 January 3, 2005 . Ms. Sandoval asked if the final regulations would be reviewed by the Planning Commission. Mr. Watts replied that they would. Mayor Robinson asked if there were any audience comments to clarify questions raised by the Council. There were none. Public testimony was closed. Motion: Mr. Masci moved for approval of Resolution 05-003. Mr. KoljJ seconded. The motion carried, unanimously, 6-0, by voice vote. Graving Yard Port of Port Townsend Executive Director Larry Crockett updated the Council on the Port and Port Townsend Paper Company's plans to put forward a Jefferson County location for the graving yard which must be relocated from Port Angeles. He noted the proposal must be in Olympia by Monday, January 10. He asked for the Council's support of the concept in order to get the site on the state's short list. A final decision is scheduled for February 1. . Mr. Watts stated that he and the City Manager have discussed the possibility that certain land use applications could come before the Council in quasi-judicial form, such as appeals of SEP A and Shoreline decisions. He noted that as in all quasi-judicial matters, there can be no pre-judgment by Council and no statements can be made indicating they have already made up their mind on the matter. Since no application is pending at this point, Mr. Watts said that the quasi-judicial rules are not currently applicable; he said he believes the Council could, if they chose, make a preliminary general letter of support and that letter would not disqualify the Council in the event an appeal or other quasi- judicial matter should come forward in the future. Motion: Mr. Masci moved to place the item on the agenda for presentation, public comment, discussion and/or action. Mr. Benskin seconded. Motion carried unanimously, 6-0, by voice vote. Mayor Robinson asked for public comment on the issue. James Fritz spoke in strong support ofthe proposal. Bill Miller encouraged the Council to provide a letter of support. Motion: Mr. Masci moved that the Council issue a letter of support for the concept that the Port is trying to pursue in this public/private project involving the community. Ms. Sandoval seconded. . City Council Meeting Page 4 January 3, 2005 . Amendment: Mr. KoljJ proposed a friendly amendment to add language regarding working with the Port to explore appropriate mitigations. The amendment was accepted as a friendly amendment. Ms. F enn brought up the issue of appearance of fairness, citing an occasion when her participation as a member of the Transit Board resulted in a necessary recusal from an issue the City Council acted upon. She stated she would abstain from a vote at this time. Mr. Watts noted that if the appearance of fairness doctrine results in disqualifying every member of a body, then the rules do not apply. He stated he cannot guarantee that any Councilor who voted for a letter of support at this time wouldn't be challenged in the future, but the case in point was much stronger since it involved the sale of property by Jefferson Transit to a developer contingent upon the developer getting a favorable land use decision from the city. Mr. Masci pointed out that this is not an unqualified letter of support, but approval of a concept. Mr. Benskin asked about the abstention process. Mr. Watts explained a local Council rule that an abstention constitutes a "no" vote unless the abstention is permitted (i.e., someone is recused from voting for good cause). If the cause is not accepted by the Council, then it is a "no" vote. . Ms. Fenn asked if Mr. Watts could advise on possible matters the Council could be required to review in conjunction with this potential application. Mr. Watts stated that those he is aware of now would be an appeal from the Hearing Examiner decision on the shoreline permit or appeal of the environmental determination by the city responsible official. He stated there may be a variety of other required actions, such as a possible lease amendment or change to the water lease with PT Paper; use of City property within the mill (rights of way, etc.); also vacations and lease agreements which would be legislative, not quasi-judicial. Mr. Timmons stated that in terms of conformance with the current Comprehensive Plan, he has taken an initial look and hasn't found any conflicts as yet; there is the possibility of a Comp Plan amendment specific to the applicant coming forward. Vote on approval of a letter of support signed by the Mayor: carried, 5-1, by voice vote, Fenn opposed (by abstention). Appointments to Joint Oversight Board (Recommendation from General Government Committee) . Fire Chief Mingee updated the Council on the last meetings of the General Government Committee and the Fire District #6 Commissioners. He noted that a memorandum of understanding has been approved and part ofthe agreement is establishment of a Joint City Council Meeting Page 5 January 3, 2005 . Oversight Board consisting of three Councilors and the Fire District #6 Board of Commissioners. The recommendation of the General Government Committee is that the current members ofthe Committee (Kolff, Masci, Medlicott) be appointed as the three Council representatives to the Board. Public comment None Motion: Ms. Sandoval moved to adopt the recommendation of the General Government Committee and appoint Councilors KoljJ, Masci and Medlicott to the Joint Oversight Board. Mr. Masci seconded. Mr. Masci suggested the Council provide an alternate representative as well. Ms. Sandoval stated that at some point, many questions that were supposed to be resolved during this interim period will be addressed and she asked how the Council would be informed of the discussions. ChiefMingee stated that within the time of the agreement (to December 31, 2005), the Council representatives are required to bring any proposed recommendations back to the full Council. . Mr. Masci stated there should be a sunset on the appointments so it is clear they are valid through December 31, 2005. Mayor Robinson suggested quarterly updates be provided for the Council. Mr. Masci suggested the Chair of the Transportation Committee be designated as the alternative delegate. Vote on the motion to approve appointments of KoljJ, Masci and Medlicott to the Joint Oversight Board through December 31, 2005, with alternate representative to be the Chair of the Transportation Committee, carried unanimously, 6-0, by voice vote. RECESS Mayor Robinson declared a recess at 8:00 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:10 p.m. RESOLUTION 05-004 . City Council Meeting Page 6 January 3, 2005 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING THE LIBRARY STRATEGIC PLAN "VISION 2010 AND BEYOND" Library Director Theresa Percy presented the Library's Strategic Plan for the next five years. Mr. Kolff noted that there is no reference to possible annexation in the plan and asked if there were any discussion during the process about pursuing that further. Ms. Percy replied that the Jefferson County Library Director does not consider this to be a viable option at this time and is not currently on the District's table. She added that although annexatioJ1 is not currently being discussed, the City library and County library are continually exploring ways to share resources. Public comment Bill Maxwell, Library Board, stated that the parties involved have had a very productive relationship and that he has never been part of a volunteer organization that worked so hard. Jim Todd expressed concerns that the plan does not have as a primary objective the re- establishment of a quiet area in the Library for research. · Motion: Mr. Masci movedfor adoption of Resolution 05-004. Ms. Fenn seconded. Mr. Kolff noted a typographical error: the word "and" should be omitted from the fourth "WHEREAS" . Mr. Koff asked for Ms. Percy or Mr. Maxwell to comment on the possibility of exploring annexation. Ms. Percy stated she thought there were funding issues involved and that the issue had been dropped prior to hiring a Director so there would be no confusion about the person's responsibilities. She stated that it could be revisited by the Library Board. Mr. Timmons added that the Port Townsend Library Board took the idea as far as it could; the required fiscal analysis component was completed but a barrier to progress was met with the County Library Board being emphatic that they would not participate or cooperate. We could not proceed with that analysis and so abandoned the process at that point and have not revisited it since in any substantive way. The City then decided to search for a Director for the Port Townsend Library. He stated agreement that we need to keep annexation as an option for the future and that could come as a modification to the plan as options are evaluated and assessed. He added that there may be a similarity to our relationship with District #6, which stops short of annexation but entails a great deal of cooperation between the entities. · City Council Meeting Page 7 January 3, 2005 · Ms. Fenn recommended adoption ofthe plan as presented; she stated she does not feel it would preclude future possibilities. Ms. Percy stated that the plan will be reviewed and updated each year and specific items may be delineated at the annual review. Mr. Maxwell stated during the annexation discussion, the County library was in turmoil, the financial picture seemed to resist comprehension on the part of many, annexation would call for a vote of the people and if passed would result in an immediate tax increase. He stated he is hopeful because currently the two directors have an excellent relationship and are engaged in exploring methods of cooperation which will save money and serve the population well. Vote: motion carried unanimously, 6-0, by voice vote RECOMMENDATION FROM DOWNTOWN PARKING ADVISORY BOARD Public Works Director Ken Clow introduced Kris Nelson, representing the Downtown Parking Advisory Board. · Ms. Nelson stated the Board has been gathering data and that most of the changes originally initiated are on par with the hopes of the group. They have continued to address a seasonal parking change due to the fact that there are not as many cars downtown in the winter and because of the cold and darkness, it seemed reasonable to have a seasonal change on the two blocks of Washington abutting Memorial Field so that they are 24 hours in the winter and 4 hours in the summer. The dates chosen were April 15 (to be enforced as of May 1) and October 15 (to be enforced Nov. 1) - it is thought that will encompass the largest range of the busy season in downtown Port Townsend. Ms. Robinson asked what was the concern of the committee member who voted against the recommendation. Ms. Nelson stated that the concern was the fact that two hours in general is not enough time and that all of downtown should be either 4 or 24 hour parking. Public comment Bill Miller asked if the committee is considering passes for downtown residents. Ms. Nelson stated that is under discussion. Mr. Clow stated there is no action required tonight, as Ordinance 2870 authorizes the Public Works Director to take steps to designate interim parking time limits consistent with the Advisory Board recommendations. He noted that this flexibility allows the Board to fine tune the regulations prior to permanent adoption. · City Council Meeting Page 8 January 3, 2005 . Barney Burke asked whether a recommendation from last September required elimination of parking on the uphill side of Monroe Street as a bicycle safety measure. Mr. Clow stated he would check on that. CONTRACT APPROVAL - TOURISM MARKETING Mr. Timmons stated the Council is asked to authorize the City Manager to execute a contract with Peninsula Ad Works to provide tourism marketing serviced for the City for 2005. He indicated that the Chamber of Commerce was not interested in renewing its contract so the City put out a request for proposal and the Lodging Tax Advisory Committee reviewed and interviewed candidates. He stated the scope of work is similar and that L T AC made the unanimous recommendation. He introduced Hattie Dixon and Patricia McCauley, who expressed their enthusiasm for working on the project. Public comment: None Motion: Mr. Masci moved to authorize the City Manager to execute a professional services contract with PAW for tourism marketing services for 2005 not to exceed $55,000. Mr. KoljJseconded. . Several Councilors expressed concern about the process, as other candidates had contacted them with criticism of the process; they indicated that after being contacted about the date of interviews, there was no follow-up until after a selection had been made. Ms. Fenn stated her concern that at least two applicants be interviewed. Ms. Robinson stated she believes it is important to have a process that people understand and that is fair, even if a short timeline is involved. Vote: motion carried unanimously, 6-0, by voice vote. RESOLUTION 05-001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH CERTAIN ENTITIES CONSISTENT WITH FISCAL YEAR 2005 APPROVED BUDGET Mr. Timmons noted that the Arts Commission is listed in error as they are not a non- profit, but a city sponsored group. . City Council Meeting Page 9 January 3, 2005 . . . Mr. Clow answered questions regarding the details ofthe pool facility lease. He stated the swim team contract is a little less than last year, as the city is providing fewer staff hours. The contract with the synchronized swim team depends on the number of participants. Mr. Clow noted that the surveyor's contract is open-ended and that the surveyor is called to come in when the City has need of the service; the contract surveyor is from Carlsborg, has been working for us for the past two years and has good knowledge of the local area. Motion: Ms. Fenn moved for adoption of Resolution 05-001 as amended during the discussion (without Arts Commission). Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Kolff suggested that the City look at contracting with a local surveyor. Discussion followed regarding the small works roster. FUTURE AGENDAS January 24 - workshop with Jefferson County Historical Society January 31 - workshop on Developmental Services Dept. reorganization Council retreat scheduled for Feb. 5 ADJOURN There being no further business, the meeting was adjourned at 9:24 p.m. Attest: (/ '~"-:JI/ , /. ,I ,/J I.{/ A /". 'yUVry\ t '-t''¡~A Pam Kolacy, CMC ,J City Clerk City Council Meeting January 3, 2005 Page 10