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HomeMy WebLinkAbout070907CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 9, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in special session the ninth day of July, 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Deputy Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Frank Benskin, Laurie Medlicott, George Randels, Catharine Robinson, and Michelle Sandoval. Geoff Masci and Mark Welch were excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Senior Planner Judy Surber, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Deputy Mayor Sandoval announced the following changes to the agenda: Add AWC Municipal Excellence Award under presentations. Remove Consent Agenda items D (Resolution 07-018) and E (Resolution 07-019) to New Business B and C. Remove Item F (CDBG funds for DV/SA Transitional Living Center) until future meeting at request of staff. Motion: Mrs. Medlicott moved for approval of agenda with changes outlined by Deputy Mayor Sandoval Mr. Rande/s seconded. Motion carried unanimously, 5-0, by voice vote. PRESENTATIONS Kelly Suswind and Pat Baily of the Department of Ecology presented the Wastewater Treatment Facility Award to John Merchant, Public Works Manager for Streets, Stormwater and Sewer, who accepted the award on behalf of the City and the water treatment plant staff. David Timmons presented the Association of Washington Cities Municipal Excellence Award received for the City Hall Annex project to Deputy Mayor City Council Business Meeting Page 7 July 9, 2007 Sandoval and Public Works Director Ken Clow. The award was presented during AWC's annual conference in June. PUBLIC COIUIIVIENT There was no public comment. CONSENT AGENDA Mr. Randels noted that his name should added be to the list of Gouncil members present at the June 11 meeting. Mr. Randels noted the following corrections to the minutes of June 18: Page 6: 2"~ paragraph, second line add the word "lane" after "single" and before "roundabout"; Sixth paragraph, change "Mr." Robinson to "Ms." Robinson; Seventh paragraph, first line, last ward, change "one" to "on". Ms. Robinson noted that the June 18 meeting was held at the Port Townsend High School Auditorium rather than in City Council Chambers. Motion: Ms. Medlicott moved for approval of the following items on the consent agenda with the above changes to the minutes. Mr. Randels seconded. The motion carried unanimously, 5-0, by voice vote. Appmva! of Bills, Claims and Warrants Vouchers 102049 fhrough 102059 in the amount of $35, 942.37 Vouchers 705071 fhrough 705080 in the amount of $95, 809.61 Vouchers 102041 through 102048 in the amount of $944.05 Vouchers 101958 through 702040 in the amount of $439,393.37 Vouchers 101952 through 109957 in the amount of $599.16 Vouchers 101940 through 101951 in the amount of $33, 730.53 Vouchers 620079 through 620080 in the amount of $104, 939.43 A_ pproval of Minutes: May 27, 2007 workshop June 17, 2007 workshop June 18, 2007 business meeting Resolution 07-017, authorizing the City Manager to execute an intergovernmental cooperative purchasing agreement with Washington School Information Processing Cooperative (WS1PC). City Councii Business Meeting Page 2 July 9, 2007 PUBLIC HEARINGS STREET VACATION APPLICATION, FILE NO. LUP07-033 TACHE BENTLEY Deputy Mayor Sandoval reviewed the procedures for the quasi-judicial public hearing. No Council members had any financial or property interests in the matter nor were there any other disclosures made. There were no objections to all Council members participating in this matter. Planner John McDonagh reviewed the proposed Findings of Fact and Conclusions and noted the conditions of approval. Mr. Randels questioned whether the Non-Motorized Transportation Plan should be reviewed in advance of the approval rather than checking after the fact. Mr. McDonagh stated that is normal procedure although the Non-Motorized Transportation Plan does not always go into detail regarding a particular property; he stated that the utilities providers and Non-Motorized Transportation Advisory Board were consulted. In answer to a question from Mr. Randels, Mr. McDonagh noted that the three-year time line for purchase was adopted by the Council on recently approved street vacations. Mr. Randels said that three years seems to be longer than a reasonable time for the purchase of City property. It was agreed that the three-year timeline to purchase policy would be discussed by the Council in the future. Mr. Bentley (applicant) spoke in support of the findings and conditions as presented. Motion: Ms. Robinson moved to approve the Findings of Fact and Conclusions of Law dated June 29, 2007 in the matter of Street Vacation Application file No. LUP 07-033, Applicant Tache Bentley. Mrs. Medlicott seconded. The motion carried unanimously, 5-0, by voice vote. RESOLUTION 07-021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING THE 2008-2013 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO SUBMT THIS TO THE STATE City Council Business Meeting Page 3 July 9, 2007 Deputy Mayor Sandoval read the rules of procedure for legislative public hearings. No Council members declared a financial or property interest nor had any disclosures regarding this matter. Public Works Director Ken Clow reviewed the packet materials and noted that the changes from last year's Transportation Improvement Program include: changing dates of construction for many project phases; changes in financial status of projects which have secured grant assistance in the past year (priority #'s 1,4,5,6,); the breakout of the San Juan Avenue Sidewalk (priority #5) -from Bike and Pedestrian Facilities (priority #' 9) ;adding Sims Way (SR20) Pedestrian Signal Light at Hendricks Street (priority # 6). Public Comment Scott Walker: expressed concern that improvements for bicycles and pedestrians on Hastings should occur before Howard Street improvements are done. He stated that improvements on Hastings are particularly important in light of current development on the North side of Howard. Staff Response Mr. Clow stated that Hastings Avenue improvements are vn the list; he noted that priorities are less important than the fact that the projects are on the list and thereby eligible for funding. He stated that if any priority becomes significant in light of a particular grant, the project would come back to the Council. Mr. Randels questioned whether "improvements" on Hastings necessarily implies bicycle and pedestrian improvements; Mr. Clow stated that the placeholder is pretty general, but that shoulder improvements would include bike lanes. Ms. Robinson stated the same point (regarding Hastings and second portion of Howard) would apply to Discovery Road and the nearer portion of Howard going through. Mr. Clow said staff would support that completely. He noted that the City has been working on getting pedestrian access extended further out Discovery in the past few years and sidewalks have been extended to Towne Point. Bike lanes are clearly an issue not only with funding, but also with the limited 60-foot right of way on Discovery. In answer to a question from Mr. Randels, Mr. Clow stated that #23 (W Street improvements) does include the intersection of W and Admiralty. There is currently a project for sidewalks there but not street improvements. Mrs. Medlicott asked about #6 (pedestrian signal tight project). Mr. Clow explained a grant was received this year to improve pedestrian signalization at the Hendricks City Council Business Meeting Page 4 July 9, 2007 intersection where pavement lighting is currently installed. The lighting often doesn't work due to drainage problems and when it does work, the majority of people don't know how to respond. Staff is looking at another type of signal, which may include warning lights on the side of the road or an overhead light which will alert motorists that pedestrians are waiting to cross. He added the other two elements of the project deal with education and enforcement. Motion: Ms. Robinson moved for adoption of Resolution 07-021, approving the 2008-2093 Six-Year Transportation Improvement Program and authorizing the City Manager to submit Phis to the State of Washington. Mr. Randels seconded. Motion carried unanimously, 5-0, by voice vote. UNFINISHED BUSINESS RESOLUTION 07-022 JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AND THE PORT TOWNSEND CITY COUNCIL TO COMMIT TO ADDRESSING ENERGY USE AND CLIMATE CHANGEIGLOBAL WARMING City Attorney John Watts reviewed the packet material, noting that several members of the Climate Change volunteer group were present as well as Senior Planner Judy Surber and Karen Barrows from the Jefferson County Planning Department. Public comment Joanna Loehr spoke in favor of adoption of the resolution. Kees Kolff spoke in favor of the resolution and noted that several of the community volunteers have participated in training to learn more about how communities measure energy use and emissions, what resources are available, and what other communities are doing, He stated they are eager to work with staff on this joint project and said that immediate goals are to set a baseline, identify a strategy and strive for along-term significant impact. Motion: Ms. Robinson moved for adoption of Resolution 07-022. Mr. Benskin seconded. Mrs, Medlicott stated she is concerned that the City would be setting more stringent standards than the State of Washington. She also noted it is each individual citizen's responsibility to do what they can. She stated she couldn't support the motion as it stands. Motion to amend: Mrs. Medlicott moved to amend the motion by changing the figure of cutting greenhouse gas emissions to levels $0 percent lower than 9990 levels by 2050 to cutting emissions to levels 50 percent lower.... Mr. Benskin seconded. City Council Business Meeting Page 5 July 9, 2007 Karen Barrows, County Planning Dept., stated that her understanding was that although the BOCC adopted the resolution under discussion, they would be willing to entertain amendments to the joint resolution. Motion to amend failed, 2-3, by voice vote, with Benskin and Medlicoft in favor. Main motion to adopt Resolution 07-022 carried, 4-7, by voice vote, with Medlicoft opposed. RECESS Deputy Mayor Sandoval declared a recess at 7:40 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:00 p.m. RESOLUTION 07-018 DESIGNATING THE CITY MANAGER AS APPLICANT AGENT FOR THE STATE OF WASHINGTON HAZARD MITIGATION GRANT PROGRAM APPLICATION TC ACQUIRE AND DEMOLISH THE SURF RESTAURANT Mr. Timmons reviewed the packet material, noting this action would authorize a placeholder for the grant funding and match, but would not be a final decision on acceptance of the grant funding. Public Safety Analyst Ken Horvath stated that a requirement of the grant is that the City Manager be appointed as applicant agent. He noted that this grant program is geared to eliminating hazardous situations in perpetuity therefore the property would be taken out of the private domain and it would become public property. The grant process has several phases. The phase under consideration now is the first, or application phase. He added that the process could be terminated at any time. Mrs. Medlicoft asked for an estimate of the loss of property tax if the property were to become public. Mr. Watts stated his recollection (based on the pre-damage condition of the Surf} was that it was valued at approximately $700,000 and the current tax would be in the $6,000 - $7,000 per year range. Mr. Benskin stated that the Public Works Committee had posed several questions about this grant and he is disappointed there is not more information available now. He stated he did not believe the Committee had recommended approval, as stated in the minutes, but simply forwarded the issue for discussion pending discussion and further information. City Council Business Meeting Page 6 July 9, 2007 Mr. Randels stated that an appraisal would get to many of the particulars posed at the committee level. Mr. Horvath stated he believes the agenda bill (third paragraph) is in error and the total project acquisition and demolition would be $1,051,000 rather than $1,400,000 He confirmed that the local match was 12.5% plus anything over one million dollars Mr. Horvath confirmed that the owners are aware of and have given permission for the City to apply for the grant. Mrs. Medlicott stated she wished to disclose that she is a personal friend of the family that owns the property. Mrs. Medlicott stated she can support the motion but would like less open- endedness regarding the local match requirement. She asked if this deals only with the demolition of the structure. Mr. Watts replied that is includes demolition and acquisition. Mrs. Medlicott stated she is concerned about setting a precedent for owners to avoid dealing with their properties and "defaulting" to a city purchase. Mr. Timmons noted that each any such instance would be the decision of fihe City Council based on specific circumstances. He added that there are very few over- water buildings in Port Townsend and named the Marine Science Center and Admiralty Apartments as examples. Mr. Watts noted there would be no obligation far the City to treat any other property owners in the same manner. Mr. Randels noted that this should not involve any sort of windfall to anyone; the transaction must be straightforward where both the City and owners receive fair value for what they own, which in this case is a condemned building. He added that an accurate appraisal should include demolition costs and based on what the City Manager has said, he does not have a concern about providing a windfall to the current owners. Mr. Timmons noted the matching funds would come from capital funding, not operating expense. Public comment Richard Wiener objected to the City paying $750,000 for a building. Motion: Mr. Randels moved for approval of Resolufron 07-098. Ms. Robinson seconded. City Council Business Meeting Page 7 July 9, 2007 Ms. Sandoval spoke in favor, noting that this may be an opportunity to provide benefit to the public by providing shoreline access and eliminating a nuisance and hazard as well. She stated at this point the Council is just deciding to investigate further and apply for the grant. Vote: motion carried unanimously, 5-0, by voice vote. Mr. Timmons stated that he would provide a copy of the application before it is submitted. RESOLUTION 07-019 RESOLUTION 07-019 DESIGNATING THE CITY MANAGER AS APPLICANT AGENT FOR THE STATE OF WASHINGTON HAZARD MITIGATION GRANT PROGRAM APPLICTION TO SEISMICALLY REFIT THE TAYLOR STREET TUNNELS Mr. Horvath reviewed the packet material and noted that this is the same grant program discussed in the prior agenda item. He confirmed that this grant could not be designated for just a part of the project and that another grant opportunity may be available in November to cover the entire project. There was no public comment. Mr. Timmons noted that the situation is complex and could be very dangerous in the event of an earthquake or other natural disaster. Motion: Mr. Randels moved for approval of Resolufion 07-019. Mr. Benskin seconded. Motion carried unanimously, 5-D, by voice vote. NEW BUSINESS ORDINANCE 2946 RELEASING TWO UTILITY EASEMENTS ESTABLISHED BY PREVIOUS STREET VACATION ORDINANCES City Attorney John Watts reviewed the packet materials, noting that the City's need to retain these easements has been alleviated; the easements were established by ordinance so must be released by ordinance. In response to a question from Ms. Sandoval, Mr. Watts stated that the issue came forward at the request of an abutting owner in response to development proposals in the area. He also stated that there may be other utility easements no longer necessary for the City to retain, but probably many more where they have been utilized. City Council Business Meeting Page 8 July 9, 2007 Mr. Randels asked if private utilities have signed off; Mr. Watts stated he believes it would be common practice to notify them. There was no public comment. Motion: Mr. Randels moved to waive Council rules on two readings and adopt Ordinance 2946. Mr. Benskin seconded. There being no objection to waiving rules, the motion then carried unanimously, 5-0, by roll call vote. PRESIDING OFFICER'S REPORT RESOLUTION 07-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING COMPOSITION, TERMS OF OFFICE AND PROCEDURAL RULES FOR THE ALTERNATIVE ELECTRIC MANAGEMENT COMMITTEE Senior Planner Judy Surber reviewed the packet materials. She noted that Council action is requested on the resolution at this time; staff will follow up with recommendations for appointments to the fourteen positions. There was no public comment. Motion: Ms. Robinson moved for adoption of Resolution 07-023. Mr. Rande/s seconded. Motion carried unanimously, 5-0, by voice vote. CITY MANAGER'S REPORT LOTS OF RECORD PROCESS - REFER TO PLANNING COMMISSION Mr. Timmons reviewed his memo of June 26 relating to the Lots of Record process. There was no public comment, Motion: Mrs. Medlicott moved to refer the Lots of Record process to the Planning Commission. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. Mr. Timmons also reported that recommendations based on the utility rate study would came forward to the Council in the near future. STANDING COMMITTEE REPORTS City Council Business Meeting Page 9 July 3, 2007 Motion: Mrs. Medlicott moved for approval of the following standing committee recommendations. Ms. Sandoval seconded. Adopt the recommendation of the Public Safety Committee to reduce the speed limit on Hastings Avenue to 25 mph out to Howard Street. Adopt the recommendation of the Community Development/Land Use Committee to task the Non-Motorized Transportation Advisory Board to prepare a supplement update to the 1998 Non-Motorized Transportation Plan and coordinate Committee efforts with staff. Adopt the recommendation of the Finance and Budget Committee to try to have the 2008 budget, which would include an inflation figure, completed by November 1, 2007. Adopt the recommendation of the Lodging Tax Advisory Committee to submit a grant application to the Preserve America Historic Preservation Fund and commit up to $75, 000 from the Lodging Tax fund reserve for the local match if the grant application is successful. Amendment: Mr. Randels noted that a speed limit change would require an ordinance. He suggested that the motion be amended to provide that staff would proceed to provide proper documentation regarding the Hastings Avenue speed limit and bring it forward for discussion. There were no objections. Vote: motion as amended carried unanimously, 5-0, by voice vote. Mr. Timmons noted that the Preserve America grant application would be delayed to 2008. Public Comment Owen Fairbank thanked the Council on behalf of the Non-Motorized Transportation Advisory Board for accepting the recommendation that the NMTAB prepare an update to the Non-Motorized Transportation Plan. ADJOURN There being no further business, the meeting was adjourned at 9:31 p.m. Attest: QiYj't Pam Kolacy, CMC, City Clerk City Council Business Meefing Page 70 July 9, 2007