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HomeMy WebLinkAbout06062005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 6, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this sixth day of June, 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, Kees Kolff, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Geoff Masci was excused. Freida Fenn arrived at 6:41 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Long Range Planning Director Jeff Randall, and City Clerk Pam Kolacy CHANGES TO THE AGENDA . Ms. Robinson stated she would like to add a motion for reconsideration of adoption of Resolution 05-021 (Adopting Findings In Support Of Ordinance 2896 Regulating Formula Retail Establishments) under unfinished business, and if seconded, a motion to postpone action until the June 20 meeting. She noted that under the Council Rules, a member who was not present for the vote may propose a motion to reconsider. The item was added as item A under Unfinished Business. City Manager Timmons stated he would like to schedule a five-minute executive session at the end of the meeting to discuss a personnel issue. PROCLAMATION Mayor Robinson read a Proclamation of appreciation to the Jefferson County Historical Society for its contribution of $35,000 for damp-proofing City Hall. Proclamation was accepted by Tony Harriman COMMENTS FROM THE PUBLIC (Consent and non-agenda items) There were no comments from the public. . City Council Business Meeting Page 1 June 6, 2005 . CONSENT AGENDA Mrs. Medlicott requested that Item C (Resolution 05-022) be removed from the Consent Agenda for discussion. The item was moved to New Business. Councilors requested a clarification from City Attorney Watts regarding the minutes from May 16, specifically how the actions from that meeting affect the status of Ordinance 2896 (interim ordinance defining and regulating formula retail establishments), which was adopted in April. The question centered on whether or not the interim ordinance will be in effect for six months from adoption even though the resolution adopting findings supporting the ordinance failed. Ms. Fenn arrived at 6:41 p.m. . Mr. Watts stated that this is a procedural issue which should be resolved. If an interim ordinance is adopted without a public hearing, state law requires that a public hearing be held within 60 days; and also requires that if the Council doesn't adopt findings when it adopts the ordinance, it shall do so after the public hearing. The question is whether findings were adopted with the adoption of the ordinance in which the "whereas" clauses are the functional equivalent of findings but do not state themselves as findings in the document. Mr. Watts added that to avoid any legal issue, it would be in the best interests of the City to adopt a resolution stating that the findings were part of the original ordinance. In that case there would be no legal issue about whether state process was followed. In the meantime, the ordinance is effective with only the procedural issue outstanding. Mr. Benskin pointed out a typographical error which will be corrected. Motion: Mr. Koltt moved for adoption of the Consent Agenda (excluding Item C which was removed to New Business). Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 93939 through 94075 in the amount of $930,557.27 Vouchers 94077 through 94256 in the amount of $385,405.19 Vouchers 520051 through 520058 in the amount of $70,521.71 Vouchers 531051 through 531052 in the amount of $1,072.75 Vouchers 603051 through 603058 in the amount of $75,604.14 Approval of Minutes May 16, 2005 Approval of Resolutions . Resolution 05-023 City Council Business Meeting Page 2 June 6, 2005 . A Resolution of the City Council of the City of Port Townsend Authorizing the City Manager to Award and Execute a Small Works Construction Contract for the Completion of the 12th Street Paving Project Resolution 05-024 A Resolution of the City Council of the City of Port Townsend Authorizing the City Manager to Bid, Award and Execute a Small Works Construction Contract for the Completion of the 35th Street Water Line Project Approval of Action Motion to Direct the Park & Recreation Advisory Board to draft an update of the City's Parks, Recreation and Open Space Plan for Council review and approval within 4 months focusing on the changes in the parks and recreation programs that have taken place over the past 6 years. PUBLIC HEARING . Mayor Robinson noted that the legal notice for the public hearing was not published in a timely manner; she said that the item could still be pursued, with staff report and discussion, and public comment, but that the official hearing would be scheduled for June 20. ORDINANCE NO. 2898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 17 OF THE PORT TOWNSEND MUNICIPAL CODE, ZONING DEFINING DUPLEXES, TRIPLEXES, FOURPLEXES, TOWNHOUSES, AND ATTACHED SINGLE-FAMILY DWELLINGS; AND, ESTABLISHING STANDARDS FOR THE PLACEMENT OF MANUFACTURED HOUSING INTENDED TO COMPLY WITH SENATE BILL 6593; AND, DECLARING AN EMERGENCY AND THE NEED TO AMEND THE PORT TOWNSEND COMPREHENSIVE PLAN OUTSIDE OF THE ANNUAL AMENDMENT CYCLE TO MODIFY POLICY 7.3 OF THE LAND USE ELEMENT TO PERMIT MANUFACTURED HOUSING IN ALL RESIDENTIAL ZONING DISTRICTS THROUGHOUT PORT TOWNSEND SUBJECT TO APPROPRIATE STANDARDS . Motion: Mr. Kolff moved to schedule the public hearing on the matter for June 20 and leave open the possibility of a second reading and waiver of Council rules for adoption then, or final adoption on July 5. Mr. Benskin seconded. Amendment: Council agreed to amend the motion to remove language after "June 20." City Council Business Meeting Page 3 June 6, 2005 . Motion as amended carried unanimously, 6-0, by voice vote. UNFINISHED BUSINESS RECONSIDERATION OF RESOLUTION 05-021 Motion: Ms. Robinson moved for reconsideration of Resolution 05-021. Mr. Kolff seconded. Motion: Ms. Robinson moved to postpone the motion to the June 20 meeting so the Council can have a fuller discussion and take action and the public will be aware that the Council is taking up the item. Mr. Kolff seconded. Amendment: Ms. Fenn moved to amend the motion to postpone to a separate evening rather than June 20. There was no second. Motion to postpone was withdrawn. Vote on motion to reconsider: motion carried, 4-2, with Benskin and Medlicott opposed. . Motion: Ms. Sandoval moved to postpone the motion until the June 20 business meeting. Ms. Robinson seconded. Amendment: Ms. Sandoval moved to amend the motion to postpone to a special business meeting on June 13. Mr. Koltt seconded. The motion to amend carried, 4-2, Benskin and Medlicott opposed. Vote on the motion as amended carried, 4-2, Benskin and Medlicott opposed. Mr. Watts clarified that the 60-day requirement applies to the time within which a public hearing must be held; state law does not have a similar requirement for adoption of findings; it states that adoption must be immediately after the public hearing. Mr. Watts stated that he consulted with MRSC and their opinion is that if a public hearing is held and findings adopted within the next two meetings, that would be sufficient for meeting the state requirement; there is no case law related to this issue and no similar 60 day requirement for the adoption of findings. RESOLUTION 05-022 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A POLICY PROTECTING INDIVIDUALS ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATION AS A REQUIREMENT IN City Council Business Meeting Page 4 June 6, 2005 . OBTAINING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO CONDUCT AN AFFORDABLE HOUSING NEEDS ASSESSMENT FOR PORT TOWNSEND AND EAST JEFFERSON COUNTY Mr. Randall stated that adoption of the resolution is a requirement for accepting a Community Development Block Grant which will be used to conduct an affordable housing needs assessment. In answer to Mrs. Medlicott's question, he stated that the Police Department does have similar policies which may exceed those specified here, but the exact language contained in the resolution satisfies the federal requirement. The policy which would be adopted satisfies minimum conditions. Motion: Mr. Koltt moved for adoption of Resolution 05-022, Mr. Benskin seconded. Motion carried, 5-1, by voice vote, with Medlicott opposed. NEW BUSINESS SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN . Public Works Director Ken Clow stated this is a first touch on the annual six-year Transportation Improvement Plan which must be completed by July 1 of each year. A public hearing is scheduled for June 20 so the Council will be able to review the proposed plan and ask questions. He stated that, in general, the plan is intended to tell the state and federal government where the City would spend state and federal dollars if they were received and is not intended to be a complete list of projects. Mr. Clow then noted the major changes from last year's prioritized list: Priority 1 (SR 20 from Howard to McPherson) was #8 last year and has been moved up because the City is working through the LID process and there is much interest from adjacent property owners and the City in general; also the County is provided some funding which is eligible for a federal match. Priority 2 (Howard from SR 20 to Discovery Road) was #3 last year and again, part of the LID process described above. Priority 3 (Discovery Road from Hastings to 19th) was #1 but has not scored well when sent to the state for points for state or federal funding, especially the vehicular portion; a grant was received last year so the sidewalk design will be extended after July 1 when the funds come in. The remainder of the project will probably increase in score when the Howard Street extension goes through and increases traffic. . Priority 7 (Monroe from Water to Lawrence) was moved up from #11 due to increased road settlement. City Council Business Meeting Page 5 June 6, 2005 . Priority 11 (Discovery Road from City limits to Howard) was #2 but also hasn't scored well, as the traffic, accident rates, etc. are not there to support it and lend credence as an important state project - this may change depending on the status of Sims and Howard down the line. Mr. Clow added that the City is not looking beyond the first couple of projects for several years, as we do not have money to match grants. In answer to Ms. Sandoval's question, Mr. Clow noted that there is no indication yet of whether state or federal money will be coming in the future; currently the City has a total of $300,000 toward Priority #1 and there are some private dollars for part of the development of the McPherson Street intersection. The LID would also bring in private funding which would help to match Public Infrastructure Fund money. In response to Mr. Kolff, Mr. Clow stated the proposed sidewalk would go two blocks on one side of the street from Sheridan to Sherman; this will extend the stretch from the entrance to Laurel Heights to behind the school. He also noted the "intersection control" does not necessarily have to be a traffic signal. He also clarified some of the timelines, explaining that sometimes the timing is a function of the City's ability to match funds; he noted that the projected dates are less important than actually having the projects on the list. . Public Comment: There was no public comment on this issue. PRESIDING OFFICER'S REPORT Motion: Mr. Kolff moved to accept the mayor's recommendations for the following appointments. Ms. Sandoval seconded. Motion carried unanimously, 6-0, by voice vote. Non-Motorized Transportation Advisory Board: Jolly Wahlstrom (Position 9, term expires May 1, 2007) Transportation Advisory Board Patricia Teal (Position 5, term expires May 1, 2007) Mayor Robinson noted that Ms. Teal would be coming to the TAB as a representative of DASH. CITY MANAGER'S REPORT . City Council Business Meeting Page 6 June 6, 2005 . Event Coordinator Mr. Timmons reviewed the packet information regarding establishment of a new position for a City Events Coordinator. He noted that the Lodging Tax Advisory Committee has agreed to fund the first six months for the position, with the intent to build the position into the General Fund budget in 2006. Sgt. Ed Green and Acting Police Chief Conner Daily spoke in support of the position, citing the time, which would be freed up for uniformed officers; Sgt. Green estimated that at least 20% of his time is spent on event coordination. Mr. Timmons added that the issue was first discussed in terms of the Level of Service provided by Police Department and an investigation of what services officers are doing that could be done in a non-traditional way. Public comment: None Motion: Mr. Kolff moved to authorize creation of an Event Coordinator position and to authorize the administration to proceed with the hiring process. Mr. Benskin seconded. . Mrs. Medlicott stated she does not believe this was the advice of the L TAC Committee, as they wanted to have the position to have a marketing component. Mr. Timmons stated that was not the recommendation that was noted in the L TAC minutes. He also stated that the employee will report to the City Manager for the first six months and then there will be a re-evaluation since at this time the tasks are all done interdepartmentally. He also stated that the union will determine whether this will be a bargaining unit position. Vote: the motion carried unanimously, 6-0, by voice vote. Pool Update Mr. Timmons referred to a letter in the packet from Superintendent Carol Andreasen informing the City that the school district will be conducting a long-term facility needs and usage study which will include the pool at Mountain View School; recommendations from the study could have an impact on any plans the City may have to improve the pool. Public Works Director Ken Clow stated that the City pool improvement schedule will slow down until the school decides what to do with its facilities. . He added that it is not anticipated that any systems will catastrophically fail and that needed repairs will be made, but long term improvements will be on hold. City Council Business Meeting Page 7 June 6, 2005 . Ms. Sandoval asked about the repercussions regarding the bond money that had been allocated to the pool; Mr. Timmons stated that the funds could probably be used for some other project listed within the City's capital improvement plan. Building Inspection Services Mr. Timmons noted that he has received the resignation of the current building inspector and a conditional offer has been made to another candidate in the ongoing applicant pool. EDC Presentation Mr. Timmons noted that the EDC is moving forward with the planned asset inventory and seeking $25,000 from the City; he has stated that the inventory does not meet the City's current needs and we need to look at an alternate approach. He suggested that the issue be assigned to the CD/LU Committee to prepare a response to the EDC request and to meet with EDC and see if there is an alternate proposal that will better meet the City's needs. . Motion: Mrs. Medlicott moved to direct administrative staff to work with the Community Development/Land Use Committee to develop a strategy and response to the EDC funding request. Mr. Koltt seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Timmons noted work is ongoing on the live feed to the Cedar Room; since the station manager is not available this week, the project has been delayed. Skate Park Mr. Timmons stated that one bid was received for the Skate Park project and that exceeded the estimated budget; a call was received from another company asking for a delay as they we seeking an alternative bid bond. A decision must be made soon as alternatives are being evaluated, including a 25% reduction in the size of the facility. The grant deadline is approaching, staff is confidant that an extension may be granted but there must be a valid reason to support the request. In answer to Mr. Benskin's question, Mr. Timmons replied that it may be possible to tap unused pool funds for the skate park. RECESS Mayor Robinson called for a recess at 8: 12 p.m. for the purpose of a break. RECONVENE . City Council Business Meeting Page 8 June 6, 2005 . The meeting was reconvened at 8:25 p.m. STANDING COMMITTEE REPORTS FINANCE & BUDGET COMMITTEE Admissions Tax Ms. Fenn stated that the consideration of an admissions tax to defray the City's expenditures for service to special events has been ongoing for several years. The Committee discussed the issue again at its last meeting and is recommending that the Council consider implementing a 5% admissions tax after considerable advance notice and discussions with the parties affected so that they can plan the tax into their pricing structure in advance of their annual budgets. It is hoped the process of education and discussion would begin in late summer or early fall. Public comment None Motion: Ms. Medlicott moved to recommend to the full Council consideration of implementing a 5% admissions tax and to notify the public and have a public education workshop in August or September for those who are affected. Mr. Benskin seconded. . Mr. Kolff stated he is not ready to move on approval of the tax but would like to have the workshop first and then consider a 5% tax. Amendment: Mr. Kolff moved to amend the motion to specify that the Council will hold a workshop to consider a 5% admissions tax in August or September. Ms. Fenn seconded. Mrs. Medlicott noted that the City's services, particularly Police, are heavily impacted by special events and imposing a tax of less than 5% (maximum allowed by the state) would not be practical due to the costs of collection. Vote: motion carried, 5-1, by voice vote, with Medlicott opposed. [Amendment superseded original main motion so no second vote was taken] Motion: Ms. Fenn moved to direct staff to write a press release outlining the time frame, the range of tax allowed under state law, and the cost to the city of various Port Townsend festivals. Mrs. Medlicott seconded. Ms. Sandoval stated that the full Council must be educated about what has occurred at the Committee level so a full report should be included in the packet. . City Council Business Meeting Page 9 June 6, 2005 . Ms. Robinson stated it would be good to have a workshop for outreach rather than doing a press release first. Mr. Timmons noted the issue has been in discussion for a number of years and that the staff could put together a briefing memo which would be available for public information. He added that a direct mailing could be done to those affected parties who can be identified. Vote: motion carried, 5-1, Robinson opposed. Pool Fees Mr. Timmons stated that a differential between pool fees for city and county residents was initiated in 1999 and then rescinded by the Council in 2000. Ms. Fenn stated the Finance and Budget Committee has discussed the issue and agreed to recommend that staff bring forward an ordinance re-establishing the differential because this would reflect that City residents are paying for the pool through their taxes; the County differential is not represented as a penalty but a way of buying in to the facility. The Committee would also like the County Commissioners to engaged in a discussion regarding pool fees in the future. Public comment None . Motion: Mr. Kolff moved to direct staff to bring forward an ordinance for consideration which establishes a differential rate for pool use. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. COMMUNITY DEVELOPMENT/LAND USE COMMITTEE Mr. Watts reviewed the agenda materials regarding the Russell Jacqua sculpture donation proposed by the Jefferson County Land Trust. He noted that placement of the sculpture has been discussed by both the Park and Recreation Advisory Board and the Arts Commission prior to the recommendation of CD/LU. Public comment None Motion: Ms. Sandoval moved to endorse the CD/LV Committee recommendation to consider sites '~" and "C" and move the permitting process forward on both sites prior to Council's final action designating the site. Mr. Benskin seconded. Ms. Sandoval noted that Jim Todd had to leave the meeting but had planned to comment in favor of Site "C" because he believes the piece should be in a spot already more well used by the public as opposed to the more natural site. . Ms. Robinson asked for the rationale about having both sites go through the permitting process. Ms. Fenn noted that since it is unknown whether either site may City Council Business Meeting Page 10 June 6, 2005 . come through with a problem, it would be more efficient and cost effective to examine both sites simultaneously. Mr. Watts noted that the terms of acceptance for this piece will not be as restrictive as the Jackson Bequest; the City will retain the right to relocate, dispose, etc. and will not be restricted from other future uses of the art. Mrs. Medlicott asked why the placement selection can't be made after the public arts policy is in place. Mr. Kolff noted the Land Trust and City have been working for several years to find an acceptable site; we are using experience from previous situations to make sure this gift will be as much in keeping with what the public arts policy will be as possible and it is generally wished to place the sculpture within a time when the artist can be present. Mr. Watts clarified that the CD/LU recommendation was that all three sites, not just A and C, would be looked at for permitting per the committee minutes. Consensus was to add site "B" to the motion as one of the sites to be analyzed for permitting purposes. Vote on motion as amended: motion carried, 5-1, by voice vote, Medlicott opposed. . SUGGESTIONS FOR FUTURE AGENDAS Ms. Sandoval stated she would like to schedule an item that would enable the beginning of the legislative process to consider a revision of the M-II B zoning code regarding the square footage requirements for restaurants. This would put the particular issue on a separate track from the entire Shoreline Master Plan, as that will be moving more slowly through the process. She noted that the Shoreline Advisory Committee has done a first touch on square footage and could be asked to make a recommendation on this issue to the Planning Commission so they can get started. Motion: Mr. Kolff moved to place the item of revising the M-II (B) zoning code with regard to square footage requirements for restaurants on an agenda in the near future, with appropriate information, with possible action to refer to the Planning Commission. Ms. Sandoval seconded. Ms. Robinson stated that she would recommend no analytical consideration at the next meeting, but that the first step of sending the issue to Planning Commission be taken. . Ms. Fenn stated for the record that she does not hold an interest in any business in Point Hudson. City Council Business Meeting Page 11 June 6, 2005 . . . Vote: motion carried unanimously, 6-0, by voice vote. COMMENTS FROM COUNCIL Mr. Benskin stated his concerns regarding the loss of the recycling bins at the Port. He stated that this is loss of a public service which will impact the citizens of the City. Mr. Clow noted that staff has been informally discussing and also addressing through the Solid Waste Advisory Committee but so far there have not been any acceptable alternative sites identified. Motion: Mr. Benskin moved to task the city Manager to look into a joint venture with the Port of Port Townsend to relocate recycling bins to City property within the Port or a joint venture with the City and Port to find a new location for the bins. Ms. Fenn seconded. The motion carried unanimously, 6-0, by voice vote. EXECUTIVE SESSION Mayor Robinson announced the Council would go into Executive Session at 9: 11 p.m. for approximately 15 minutes to discuss a personnel issue and that no action would be taken following the session. RECONVENE The meeting was reconvened at 9:20 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:25 p.m. Attest: ~c;i~ City Clerk City Council Business Meeting Page 12 June 6, 2005