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CITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF FEBRUARY 21, 2006
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in regular session this twenty-first
day of February, 2006, at 6:30 p.m. in the Port Townsend temporary Council
Chambers in the Port Townsend Fire Station Conference Room, Mayor Mark Welch
presiding.
ROLL CALL
Council members present at roll call were Frank Benskin, Geoff Masci, Laurie
Medlicott, Catharine Robinson, Michelle Sandoval, Scott Walker and Mark Welch.
Staff members present were City Manager David Timmons, City Attorney John
Watts, Public Works Director Ken Clow, Planner John McDonagh, and City Clerk
Pam Kolacy,
CHANGES TO THE AGENDA
The "Preserve America" designation item was moved from City Manager's report to
immediately follow Public Comment.
PROCLAMATION
Mayor Welch read a proclamation declaring March 2006 as "Reading Month."
Library Director Theresa Percy accepted the proclamation and briefed the Council
on the activities related to Port Townsend's first Community Read.
COMMENTS FROM THE PUBLIC (non-agenda and consent agenda)
Lawrence Graves, President of Economic Development Council (EDC), requested a
letter from the City in support of a request for gap funding from the Washington
Department of Community Trade and Economic Development (CTED) for EDC's
proposed inventory of public lands.
Tamer Kirac, Executive Director of EDC gave the background and history of the
project, and referred to the four components of the proposal. He stated that CTED
just notified him that with proof of support from all jurisdictions (County and Port
have committed funding), CTED would consider providing approximately $18,000 in
funding which would enable the project to qualify for matching funds of about
$50,000. He stated the deadline for the letter is Thursday at noon.
The item was added to the agenda as new business.
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February 21, 2006
PRESERVE AMERICA DESIGNATION
Planner John McDonagh read a letter from Laura Bush congratulating Port
Townsend on recognition as Preserve America Community. He thanked Port
Townsend Main Street for their significant assistance in obtaining the designation.
CONSENT AGENDA
Motion: Ms. Robinson moved for approval of the fol/owing items on the Consent
Agenda. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice
vote.
Approval of the following Bills, Claims and Warrants:
Vouchers 96726 through 97111 in the amount of $1,127,304.60
Vouchers 20361 through 203069 in the amount of $98,402.40
Vouchers 217061 through 217069 in the amount of $91 ,448.68
Approval of Minutes of January 30, 2006
PUBLIC HEARING
STREET VACATION APPLICATION LUP05-125
Keith and Katie Fleming
Ms. Sandoval stated she has had a business relationship with the Flemings in the
past.
Mr. Walker noted he has had a business relationship with the Flemings and that they
are also friends.
Mayor Welch read the rules of procedure for public hearings.
No Council members stated they had any property or financial interest in the matter.
City Attorney John Watts stated for the record that neither disclosure (by Sandoval
and Walker) constituted an appearance of fairness or conflict of interest issue, as
there is no monetary interest to either Councilor arising from adjudicating the matter.
Planner John McDonagh presented the staff report and reviewed the packet
material, including the Findings of Fact and Conclusions. He called the Council's
attention to the conditions of approval, which included purchase of the property
within three years and within six months of appraisal; and the requirement for
petitioners to submit a Lot Line Adjustment to merge vacated right of way into their
adjoining lands and have paid 100% of the appraised value of the land.
Mr. Fleming spoke briefly in support of the vacation.
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February 21, 2006
There was no other public comment.
Ms. Sandoval asked how funds received from street vacations are earmarked.
Mr. McDonagh stated the funds must be used for transportation projects, but the
type of project is not specified.
Motion: Ms. Robinson moved to approve the Findings of Fact and Conclusions of
the City Council for Street Vacation Application No. LUP05-125, dated February 21,
2006. Mrs. Medlicott seconded. The motion carried unanimously, 7-0, by voice
vote.
UNFINISHED BUSINESS
HOUSING NEEDS ASSESSMENT PROFESSIONAL SERVICES CONTRACT
Mr. Timmons reviewed the packet materials. He noted that this is a pre-requisite
study to put the county in a position for grants, and added that the elevated incomes
in portions of the County, like Port Ludlow, skew the afford ability index, thereby
requiring Jefferson County to demonstrate special needs for housing.
Mr. Timmons said that banking institutions and other community partners are being
sought to contribute the remaining $7-12,000. If there is a shortfall, the city and
county will negotiate the sharing of any remaining costs, which are not budgeted.
Motion: Mr. Masci moved to authorize the City Manager to sign a professional
services contract agreement with Beckwith Consulting Group not to exceed $52,000.
Mr. Benskin seconded. The motion carried unanimously, 7-0, by voice vote.
NEW BUSINESS
DEPARTMENT OF NATURAL RESOURCES PROPERTY EXCHANGE
Public Works Director Ken Clow reviewed the packet material. He noted that staff is
proposing that a letter be sent to DNR indicating that the city would like to continue
to pursue the property exchange.
Mr. Benskin asked if the City still owns the Snow Creek water right. Mr. Clow
replied it does not.
In answer to Mrs. Medlicott's question, Mr. Timmons replied that the relative values
of the properties would be determined upon appraisal.
There was no public comment.
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Motion: Ms. Robinson moved to direct staff to continue the process of the land
exchange and forward a letter to the Department of Natural Resources indicated our
continued interest. Mr. Masci seconded. The motion carried unanimously, 7-0, by
voice vote.
RESOLUTION 06-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, AMENDING THE 2006-2011 SIX-YEAR TRANSPORTATION
IMPROVEMENT PROGRAM TO CHANGE THE TITLE OF A PROJECT AND
AUTHORIZING THE CITY MANAGER TO SUBMIT THE REVISED T.I.P. TO THE
STATE
Public Works Director Ken Clow stated that this amendment to the Transportation
Improvement Program changes the title of a project on the TIP so that it conforms
with the title on the granting document, thus enabling the grant to move forward.
There was no public comment.
Motion: Ms. Robinson moved for approval of Resolution 06-003. Mr. Benskin
seconded. The motion carried unanimously, 7-0, by voice vote.
RESOLUTION 06-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN A GRANT
AGREEMENT WITH THE WASHINGTON STATE TRANSPORTATION
IMPROVEMENT BOARD FOR THE DISCOVERY ROAD SIDEWALK PROJECT,
(HASTINGS AVENUE TO SHERIDAN STREET), AND TO SIGN ALL NECESSARY
DOCUMENTS AND CONTRACTS FOR THE DESIGN AND CONSTRUCTION OF
THIS PROJECT
Public Works Director Ken Clow reviewed the packet materials regarding the City's
$150,000 grant from the State Transportation Improvement Board for the Discovery
Road sidewalk from Hastings Avenue to Sheridan Street. He stated that placement
of the sidewalk (which side of the road) would be evaluated during the design
process.
Public comment
Jim Todd spoke in favor of the resolution, noting that a sidewalk is badly needed on
the road because of the danger to pedestrians.
Ms. Sandoval asked how much has been budgeted for this sort of improvement. Mr.
Clow noted that it varies year to year; the matching portion of this grant could be
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February 21, 2006
budgeted over two years but in any case the design will limit the City's contribution
to $67,000.
Ms. Robinson stated she would like to see the Council find money to complete a
sidewalk from Sheridan to Discovery as well.
Motion: Ms. Robinson moved for adoption of Resolution 06-004. Ms. Sandoval
seconded.
In answer to Mr. Benskin's question, Mr. Clow stated that this project is the sort that
can be funded by proceeds from street vacations.
Mrs. Medlicott asked if staff could produce a table showing how a breakdown over
ten years (five previous and five projected) of the funding for repairing streets as
opposed to building sidewalks, trails etc.
Vote: Motion carried unanimously, 7-0, by voice vote.
Motion: Ms. Sandoval moved that Council task staff to provide the requested
information to al/ Council members. Mr. Benskin seconded. The motion carried
unanimously, 7-0, by voice vote.
MILLENIUM REQUEST FOR CITY CONSENT TO ASSIGNMENT OF FRANCHISE
City Attorney John Watts reviewed the Council packet materials. He added that he
has contacted the City of Seattle and that city has involved an outside consultant to
look at the financial aspects of the transfer; they will make the information received
form the consultant available to Port Townsend and other cities affected by the
transfer. Information received so far shows that Wave is a company which has only
been in business for a couple of years and was started by senior management
personnel who formerly worked for Millenium. They have received approvals in
2005 for the transfer request from cities in California and at least one city in
Washington (Port Orchard.) Contact with Port Orchard indicates they are satisfied
with the new service.
Mr. Watts will review the current franchise agreement with Mr. Welch and set up a
meeting with representatives from Wave to get a sense of their plans and intentions
for the area.
In answer to a question from Ms. Sandoval, Mr. Timmons stated the franchise
agreement falls under federal guidelines. Mr. Watts stated there is no prescribed
public process but the Council deliberations will allow the public to weigh in on the
matter.
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February 21, 2006
Mr. Welch added the City does not have a lot of leverage other than the hope that
some improvements to service may be on the table for negotiation. Mr. Watts
added this is not an opportunity to negotiate a new franchise.
Public comment:
Dave Brader stated that he favors approving the transfer, citing past positive
experience working with the Wave management personnel.
RECESS
Mayor Welch declared a recess at 8: 11 p.m. for the purpose of a break.
RECONVENE
The meeting was reconvened at 8:25 p.m.
WORKSHOP ON JEFFERSON COUNTY FIBER NET
Mr. Brader reviewed the items he would like from the City (from an e-mail to the
Council sent previously).
Motion: Mr. Masci moved that the Council generate a letter of support for the
project which endorses it in spirit and authorize the City Manager to participate in a
meeting with Mr. Brader and a representative from CTED on March 7 and then
provide Council with more information so they can discuss how to proceed. Mr.
Benskin seconded.
Ms. Sandoval stated it is premature for the City to be putting something in writing
when so they don't really have background and answers to all of their questions.
Mrs. Medlicott suggested discussing this issue at an upcoming workshop.
Ms. Robinson stated this issue might be a candidate for the in box process as a new
initiative that was not carried forward from last year nor is a part of the work plan
presented.
Ms. Sandoval stated it could also be discussed at the retreat this coming Monday.
Mr. Walker stated that the Council's 2006 goals haven't been set and the workshop
will be an opportunity for doing that.
Mr. Timmons stated there is policy direction in the Comp Plan about acquiring some
sort of broadband, so there is generic support, which would not necessarily be for
this particular project. He added that Jeff Com is doing a countywide inventory and
assessment in the next 90 days and is discussing wireless issues with Mobilisa.
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Consensus to make March 13 study session the first in box review, to include
discussion of broadband issue; and authorize a generic letter of support which
quotes the Comprehensive Plan policies.
Vote: motion carried unanimously, 7-0, by voice vote.
ECONOMIC DEVELOPMENT COUNCIL REQUEST
The Council took up discussion of the request from Mr. Graves and Mr. Kirac for a
letter of support for the land inventory study. Mr. Kirac clarified that the amount of
gap funding available andlor needed will be between $10,000 and $20,000. He
stated that if the letter of commitment is not received, the EDC may get $10,000;
with the letter they may access up to $20,000.
Mr. Timmons noted that the City would find some parts of the project more useful
than others and could specify that in the letter. If a financial commitment is not
requested, he stated that the goals of the project would generally be supported
through the Comprehensive Plan and that some of the tasks are more relevant to
the City than others.
Ms. Sandoval stated that providing a letter of support without knowing the future of
the organization seems rash at this point; what happens if the EDC is dissolved?
She agreed that tasks 1 (Inventory and Infrastructure) and 3 (alternative
development and cost-benefit analysis) are good value to the City but said the entire
discussion seems premature, as no discussion has taken place yet at the Council
level.
Mr. Graves characterized this as an opportunity rather than an emergency. A letter
from the City to the County would enable the request for the funding to complete the
local funding match. He added that the results of the study may be used to
leverage funding for infrastructure development. He added that the County has
indicated a willingness to administer the project in the absence of the EDC.
Motion: Mr. Benskin moved that the Council issue a letter of support for the
Economic Development Council as requested. Mr. Masci seconded.
Ms. Sandoval stated the Council needs to be clear on whether or not it wants to
support a study for the land bank when the philosophical discussion has not taken
place and the issue has not been studied. She stated she does support the
database but is concerned about stewardship.
Mr. Benskin moved to cal/ the previous question. Mr. Masci seconded. Motion
failed, 2-5, Benskin and Masci in favor.
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Ms. Robinson stated the motion was very vague in terms of what the letter would
say. Mr. Timmons suggested making the letter more specific as to what the City
considers its benefits would be, specifically tasks 1 and 3.
Ms. Robinson stated she could vote for a letter of support for the study, emphasizing
tasks 1 and 3, and listing the benefits to the city along with a mention of partnering
with fellow jurisdictions to benefit the overall economic benefit to the County.
Mr. Benskin and Mr. Masci supported the proposed wording.
Vote: motion carried, 6-1, by voice vote, Sandoval opposed.
Ms. Sandoval asked that this be added to the in box or some other mechanism so
there can be a full discussion regarding funding potentials an other issues.
PRESIDING OFFICER'S REPORT
PEG Access Coordinating Committee Recommendation
Mr. Welch stated that the PEG Access Coordinating Committee has recommended
reverting back to the individual public membership fees which were in effect before
the new fee schedule was put into effect in January 2006.
Motion: Ms. Robinson moved to assign the request from the PEG Access
Coordinating Committee to approve rol/ing back PTTV public individual membership
fees to the 2005 amount to the Finance and Budget Committee. Mr. Benskin
seconded. The motion carried, unanimously, 7-0, by voice vote.
Appointment
Mayor Welch recommended that Laurie Medlicott be appointed to the Council
position on the Economic Development Council.
Ms. Sandoval noted that the appointment should include the related committees,
Peninsula Development Committee and North Olympic Peninsula Resource and
Development Committee. Mrs. Medicott said she would accept appointment to
those committees as well.
Motion: Mr. Masci moved to approve the Mayor's appointment of Laurie Medlicott
to the Economic Development Council, the Peninsula Development Committee and
the North Olympic Peninsula Resource and Development Committee. Mr. Benskin
seconded. The motion carried unanimously, 7-0, by voice vote.
CITY MANAGER'S REPORT
Mr. Timmons stated a grand opening for the skate park would be scheduled in May.
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SUGGESTIONS FOR FUTURE AGENDAS
Mr. Benskin requested an update on the historic City Hall chambers progress.
COMMENTS FROM COUNCIL
Ms. Robinson stated that she was not in favor of the process used tonight of adding
items for discussion and action which are not on the published agenda; she stated
the Council should at least vote on whether to add items to the agenda.
Mr. Benskin and Mr. Masci expressed concern about the Council being unable to
pick up mail after business hours. Mr. Timmons stated staff has been working on
this and a solution should be in place in the next 2-3 weeks.
ADJOURN
There being no further business, the meeting was adjourned at 10:15 p.m.
Attest:
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Van, \r<\c-io"j--
Pam Kolacy, CMC
City Clerk
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February 21, 2006