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HomeMy WebLinkAbout050712CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF MAY 7, 2012 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session at 6:30 p.m. the seventh day of May, 2012, in the Council Chambers at 540 Water Street, Mayor David King presiding. ROLL CALL Councilmembers present at roll call were Robert Gray, Kris Nelson, Michelle Sandoval, David King, Catharine Robinson, Mark Welch, and Deborah Stinson. Staff members present were City Attorney John Watts, Public Services Director Rick Sepler, Public Works Director Ken Clow, Planning Manager Judy Surber, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. SPECIAL PRESENTATIONS: Proclamation: Police Week Mayor King read a proclamation declaring May 13 -19 as Police Week and Tuesday, May 15, as National Peace Officers' Memorial Day. Chief Conner Daily accepted on behalf of the department. Port Townsend Farmers Market Presentation Will O'Donnell, Director of the Port Townsend Farmer's Market, thanked the Council for their 20 -year support of the Market. COMMENTS FROM THE PUBLIC Public comment Randy Huston asked about the status of the ordinance regarding local signage. He spoke before Council previously about whether the signage should be limited to lodging and eating establishments and would like to know when the issue will be resolved. Todd Wexman spoke criticizing city management. City Council Business Meeting May 7, 2012 Page 1 of 6 Ms. Sandoval stated she would prefer that speakers refrain from personal attacks during their comments. Jim Todd stated that appointments to the Parks, Recreation and Tree Committee are overdue. City staff response Mr. Sepler stated that the signage issue has been held up due to other projects, but that it is scheduled as Phase IV of the Wayfinding Project, which is currently on the August 20 Council agenda. Mayor King noted that the need for appointments to the Parks Commission has not been forgotten. He also commented that personalized attacks and name calling during public comment are not an effective way to communicate to the Council. CONSENT AGENDA Bills, Claims and Warrants Electronic Funds Transfer (EFT) in the amount of $27,276.00 Vouchers 117611 through 117620 in the amount of $292,580.12 Vouchers 117621 through 117627 and EFTs in the amount of $90,645.21 Vouchers 117628 through 117634 in the amount of $1,116.26 Vouchers 117635 through 117728 in the amount of $271,006.62 Vouchers 117729 in the amount of $91.87 Vouchers 117730 through 117736 and EFTs in the amount of $220,437.93 Vouchers 117738 in the amount of $1,030.40 Approval of Minutes: April 9 and April 23, 2012 Resolution 12 -020, CDBG HUD Loan - 632 Waterstreet LLC Advisory Board Appointments: Non - Motorized Transportation Advisory Board: Scott Walker (Position 5, Term expires May 1, 2015) Historic Preservation Committee: Charles Paul (Position 4, Term expires May 1, 2015); Richard Berg (Position 5, Term expires May 1, 2015) Lodging Tax Advisory Committee: Michelle Sandoval (Position 1, Term expires May 1, 2015); Jake Beattie (Position 5, Term expires May 1, 2015); Sue McIntire (Position 10, Term expires May 1, 2015) Arts Commission: Rosalind Russell (Position 6, Term expires May 1, 2015) City Council Business Meeting May 7, 2012 Page 2 of 6 Authorization for the City Manager to execute a contract for water /wastewater chemicals The following corrections to the minutes of April 23, 2012 were noted: Starting time of the meeting changed from 6:30 p.m. to 5:00 p.m. and in the second paragraph under Special Business, second line, change "producted" to "productive." Motion: Michelle Sandoval moved to approve the consent agenda with corrections to the minutes of April 23. Catharine Robinson seconded. Vote: motion carried unanimously, 7 -0 by voice vote. PUBLIC HEARING Reconsideration of 2011 Comprehensive Plan Docket - Public Hearing Mayor King read the rules of procedure for the public hearing. No Councilors had any financial or property interests to disclose in connection with the matter. Judy Surber presented the staff report and reviewed the packet materials. She noted that the Planning Commission, citing changed circumstances, has recommended that Items 2.5 and 2.6 regarding Kah Tai Policy be placed on hold pending resolution of the lawsuit with the Port of Port Townsend and that the Park Plan update be pulled from the 2011 docket. Public comment: Rick Jahnke: asked for clarification on whether the Kah Tai amendments are "on hold" or permanently removed from the docket. Jim Todd stated he has the same concern as Mr. Jahnke. He added that he supports efforts to slow things down as recommended by the Planning Commission. Ms. Surber responded that the recommendation is to place the items on hold pending resolution of the Port lawsuit, which means they would be pulled from this year's docket and placed on a future docket. She added that Comprehensive Plan amendments are done annually. There were no questions from the Council. There were no further comments and Mayor King declared the public testimony portion of the hearing closed. In response to a question about the Beech Street amendment formerly on the City Council Business Meeting May 7, 2012 Page 3 of 6 docket, Ms. Surber noted that the item has been modified to remove the rezone but to keep the text amendments. There was no further discussion. Motion: Catharine Robinson moved amend the 2011 Final Docket to: 1) Remove Kah Tai Policy Amendments (Items 2.5 and 2.6), 2) Remove Item 3. Parks, Recreation & Open Space Functional Plan - Update; and 3) Adopt Findings and Conclusions of the Planning Commission. Mark Welch seconded. Vote: motion carried unanimously, 7 -0 by voice vote. UNFINISHED BUSINESS Project update to present a phasing plan for construction of the Waterfront Esplanade Project, Phase 2 City Engineer Dave Peterson presented the staff report and reviewed the packet materials. Discussion ensued, primarily regarding the clarification of the phases listed on the agenda bill. The phase under discussion (2) includes the brick plaza, grass lawn area, irrigation, banding and railing. Phase 3 includes five other items (stormwater, PSE lighting, concrete drive and walkway behind the ND Hill building, parking area west of Cotton building with curb and walls, and plantings and final irrigation). These Phase 3 items are currently not on the table for approval and will be brought back pending the status of funding. Other discussion items included what work is necessary in order to get the fence down; interim lighting plan, and status of dumpsters in the area. Public comment: Jim Todd stated that skateboarders in that area pose a threat to pedestrians. There was further discussion about funding, and staff noted that the phasing plan accomplishes the goals that were previously delineated and the City Manager's authorization to proceed is contingent upon the funds from Taylor Street being available. Motion: Kris Nelson moved to authorize the City Manager to implement the phasing plan should funds be available and confirmed from the Taylor Street Project for the remainder of the Esplanade Phase 2 project. Catharine Robinson seconded. Vote: motion carried unanimously, 7 -0 by voice vote. NEW BUSINESS City Council Business Meeting May 7, 2012 Page 4 of 6 Resolution 12 -021, Authorizing the City Manager Sign a New Biosolids Composting Facility Land -Use Agreement with Jefferson County for Use of the Biosolids Composting Facility Site Public Works Director Ken Clow presented the staff report and reviewed the agenda packet. Mr. Clow noted that the original land -use interlocal agreement expires on January 5, 2013 and the City received notice from the County that a new agreement needed to be drafted. City and County staffs have provided a new agreement to run for a 20 -year term with the City holding an option for an additional 20 -year term. He reviewed the ten significant changes between the former and proposed contract as outlined in the agenda bill. Regarding dispute resolution, Mr. Clow stated that there have not been significant issues of contention regarding this facility and anything that has come up in the last few years has been resolved at the staff level; he did not recommend changing the proposed language in this section of the agreement. Discussion continued with questions and clarifications about the role and operation of the facility. There was no public comment. Motion: Michelle Sandoval moved to approve Resolution 12 -021, Authorizing the City Manager to Sign a New Biosolids Composting Facility Land -Use Agreement With Jefferson County for use of the Biosolids Composting Facility site. Catharine Robinson seconded. Vote: motion carried unanimously, 7 -0 by voice vote. PRESIDING OFFICER REPORT Mayor King stated that new legislation and legal opinioins from the Attorney General and MRSC have been brought to our attention that require any Council committee meeting attended by more than three Councilors to be noticed as a Special Council Meeting and the City Manager and City Attorney have advised against Councilors attending committee meetings if they are not committee members. City Attorney John Watts discussed the issue further and suggested establishing a Council rule that would prohibit a Councilor from attending a committee meeting to avoid the necessity of extra notice. Staff suggests that to accommodate those who would like to observe these meetings, all committee meetings could be held in Chambers and recorded so that others could review the proceedings by accessing the video through the City's website. He also asked the Council to consider that items at the committee level of sufficient interest to the entire council be addressed at the full Council, rather than the committee level. City Council Business Meeting May 7, 2012 Page 5 of 6 Council discussion included a suggestion for some flexibility, rather than a complete ban on committee meeting attendance, support for recording committee meetings of interest and with anticipated public testimony, whether councilors can trust committees to do the work without repeating the entire process at the council level, and whether it is more important to have "intimacy" with the public in a smaller venue with no recording. Staff will bring forward some alternative concepts based on the discussion and concerns expressed. Mayor King also reported that he and Ms. Sandoval had met with the new Superintendent of Schools. ADJOURN There being no further business, the meeting was adjourned at 8:03 p.m. Attest: t' Pamela Kolacy, MMC City Clerk City Council Business Meeting May 7, 2012 Page 6 of 6