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HomeMy WebLinkAbout111813 CITY OF PORT TOWNSEND MINUTES OF THE BUSINESS MEETING OF NOVEMBER 18, 2013 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met on November 18, 2013, in the Council Chambers at 540 Water Street. The meeting was called to order at 6:30 p.m. by Mayor David King. ROLL CALL City Council members present at roll call were Robert Gray, David King, Kris Nelson, Catharine Robinson, Deborah Stinson and Mark Welch with Michelle Sandoval excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Services Director Rick Sepler, Public Works Director Ken Clow, Interim Library Director Beverly Shelton, Special Assistant Bob Jean, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA At Mr. Gray's request, Item D on the Consent Agenda was moved to Item A under New Business. Item B under Unfinished Business (Golf Course Lease) was moved to Item A under Unfinished Business in consideration of those in attendance for that item. SPECIAL PRESENTATION Fort Worden Public Development Authority Project Update Fort Worden Public Development Authority Executive Director Dave Robison presented an update on Fort Worden Public Development Authority activities. COMMENTS FROM THE PUBLIC Steve Oakford spoke in support of the Fort Worden PDA and in support of cooperation between the City and the County to provide facilities for the community. CONSENT AGENDA Bills, Claims and Warrants Electronic Funds Transfer in the amount of$26,845.68 Vouchers 121930 through 122019 in the amount of$288,277.61 Vouchers 122030 through 122041 in the amount of$37,726.79 City Council Business Meeting November 18, 2013 Page 1 of 7 Vouchers 122042 through 122135 in the amount of $824,787.67 Vouchers 122136 through 122153 in the amount of $12,119.13 Approval of Minutes: October 23 and November 4, 2013 Fort Worden Lifelong Learning Center Public Development Authority Board reappointments of Norm Tonina Position 3 (three-year term, expiring 10/24/16) and Bill Brown Position 4 (three-year term, expiring 10/24116) Change to Personnel Policies Manual Section 8.11 designating Christmas Eve as a holiday for all employees (REMOVED FROM CONSENT AGENDA AND PLACED UNDER NEW BUSINESS) Motion: Catharine Robinson moved to approve the consent agenda excluding item D (change to Personnel Policies Manual). Mark Welch seconded. Vote. motion carried unanimously, 6-0 by voice vote. PUBLIC HEARING Public Hearing Ordinance 3097 amending the PTMC 17.76, Signs Mayor King reviewed the rules of procedure for the public hearing. When asked whether any Councilors had financial or property interest in the matter, Councilor Nelson stated she has a business downtown and is subject to the sign code. City Attorney Watts said that unless there was an objection, it would not be necessary for her to recuse herself as she is not in a position to benefit individually from the action and she has stated she can review the issue in a fair and impartial manner. There were no objections. No other Councilors stated they had any financial or property interest in the matter. Public Services Director Rick Sepler reviewed the packet materials regarding the Merchant Information Sign Program, noting the program is a component of the Wayfinding program. The purpose of the MIS is to assist the pedestrian public to locate businesses within the National Historic Landmark district. Although kiosks were recommended as part of the signage program, it was determined that sidewalk space for them is very limited and the merchant information signs provide all important elements of the program with a much smaller footprint. He also noted that a not-for-profit group (Blue Star Banner Program) wishes to establish a coordinated banner program in the public right-of-way. Although commercial signage is prohibited in public rights of way, the Planning Commission recommended that such programs as Blue Star Banner may be appropriate but should be considered on a case by case basis by the City Council. He added that the first order of business is to adopt revisions to the sign code. After that, the Council would consider the specific request regarding Blue Star Banners. He clarified that signs such as Blue Star Banners would be problematic in the Historic District but could be on utility poles near the roundabouts for example. City Council Business Meeting November 18, 2013 Page 2 of 7 Mr. Sepler then reviewed Exhibit A explaining specific changes to the code. He added that a new fee schedule will be presented later, with the goal of keeping the program self-supporting. He stated that at this time 11 merchant information signs have been made. Public comment: Lynette George, founder of the Blue Star Banner program, explained how the program works and answered questions from the Council. Steve Brunette, a local advocate of the program, spoke in support. Council agreed to hold the public testimony portion of the public hearing open until the next meeting where the issue is addressed. Clarification was requested on the actual number of signs that will be placed. Staff will bring a complete map of locations to the next meeting. Draft Planning Commission minutes will also be included in the packet materials. The following changes to the ordinance will be incorporated into the final version based on Council discussion: references in "special exemption" section will cite the generic exemption (programs in the public interest approved by Council) and use Blue Star Banner Signs as a possible example; add "case by case" to line 33 (as approved case by case by the City Council, add language indicating that MIS participants will have a choice of location for their panel (and not be limited to the panel placed on their block with preference still being granted to those on the same block as the panel); add "permitted" before appropriate categories of signs in "M" exceptions sentence. Motion: Kris Nelson moved to approve first reading of Ordinance 3097 amending the Port Townsend Municipal Code Chapter 17.76 Signs. Deborah Stinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. UNFINISHED BUSINESS Resolution 13-033, Providing Conditional Approval to a Transfer of the Golf Course Lease to Gabriel Tonan Golf Shop, LLC Mr. Timmons reviewed the packet materials regarding approval of a transfer of the Port Townsend Golf Course lease agreement from Mike Early Golf Shops LLC to Gabriel Tonan Golf Shop, LLC as part of a purchase and sale of Early's business to Tonan. City Attorney John Watts reviewed the conditions of the lease. Public comment Mike Early spoke in favor and expressed confidence in Mr. Tonan's abilities to assume the operation. City Council Business Fleeting November 18, 2013 Page 3 of 7 There was brief discussion about the complaints regarding flying golf ball hazard. Staff is reviewing methods, such as new landscaping, to minimize the hazard. Motion: Mark Welch moved to approve Resolution 13-033, Providing Conditional Approval to a Transfer of the Golf Course Lease to Gabriel Tonan Golf Shop, LLC Robert Gray seconded. Vote: motion carried unanimously, 6-0 by voice vote. Ordinance 3098, Fixing and Adopting 2014 Property Tax Levies with an increase of one percent (1.00%) for the General Levy and an increase of zero percent (0.00%) for the Emergency Medical Services Levy. Mr. Timmons reviewed the packet materials and noted a public hearing and discussion were held on November 12. At that time there was some interest in designating the proceeds of the levy to a specific purpose. Staff proposed two actions that could be taken if Council desired to do that. After considerable discussion, it was agreed that designation to a specific purpose could be done at a later time if desired and action would not be taken tonight on that matter. Mr. Jean also commented, noting that the EMS levy will probably be capped lower than the amount stated in the ordinance, possibly at $610,000 but the assessor has advised that the estimate be higher. Mr. Timmons addressed the option of banking the capacity rather than levying now. There was no public comment. Mr. Gray spoke against the ordinance, stating that it is too much of a burden for the taxpayers. Others noted that without the additional funding, community services may be cut even more. After further discussion, consensus of the Council was to take no action on designating levy funds for a particular purpose at this time. Motion: Catharine Robinson moved to approve Ordinance 3098, Fixing and Adopting 2014 Property Tax Levies with an increase of one percent (1.0091o) for the General Levy with a Total Increase of One Percent (1.00%) and for the Emergency Medical Services Levy a Decrease of Approximately Fifteen Percent (15.0091o). Mark Welch seconded. Vote. motion carried, 5-1 by voice vote, Robert Gray opposed. Authorize the City Manager to execute necessary documents for an assignment of the City's interest in agreements with the LISPS for the Customs House to the Washington Trust for Historic Preservation City Council Business Meeting November 13, 2013 Page 4 of 7 City Manager Timmons reviewed the packet information, noting that Council is asked to authorize an assignment of the City's interest in the U.S. Postal Service Customs House to the Washington Trust for Historic Preservation. It was noted that because of the City's work, the building is protected under the Historical Preservation Act Section 106, any future owner will have to honor those restrictions. There was no public comment. In response to Council comments, staff will provide covenants and other documentation of the agreement. Motion: Kris Nelson moved to approve authorizing the City Manager to execute necessary documents for an assignment of the City's interest in agreements with the USPS for the Customs House to the Washington Trust for Historic Preservation. Mark Welch seconded. Vote: motion carried unanimously, 6-0 by voice vote. Resolution 13-032, Requesting the Library Advisory Board to Undertake Certain Tasks City Manager Timmons reported that the newly reconstituted Library Advisory Board had met for an orientation session and will now be meeting regularly again. The item before the Council is a draft resolution which sets forth the workplan priorities for the Board. The resolution is presented for discussion and Council input and then will be forwarded to the Library Board. They will also comment and then return the resolution to Council for final action at an upcoming meeting. Discussion included comments on the timeline which was thought to be ambitious, and the appropriateness of inclusion of the Library Director profile. Interim Director Beverly Shelton clarified that the Board not be responsible for a final decision but for giving guidance on what qualities are important for a candidate to possess that will be most helpful to the Library at this time. Public comment: Debbie Jahnke asked why the Library Board would be involved in a hiring process. Mr. Timmons stated that advisory boards are often included in the hiring process as representatives of the community. There was discussion about whether programming should also be listed under the "scope of services" section but it was agreed that the review of programming space will lead to a broader discussion in the future. No changes were made to the resolution and it was emphasized again that offering input and City Council Business Meeting November 18, 2013 Page 5 of 7 recommendations was not the same as making decisions, which will be the job of the City Manager and Council. NEW BUSINESS Change to Personnel Policies Manual Section 8.11 designating Christmas Eve as a holiday for all employees Mr. Timmons reviewed the packet materials in regard to making Christmas eve a full day (rather than half day) holiday for non-bargaining unit employees. He stated that currently bargaining unit employees have the entire day as a holiday which results in closing City facilities. Exempt staff must currently report to work or take leave for four hours. This affects about 19 of 93 employees in the City. There was no public comment. There was brief discussion addressing the difference in local and federal holidays, employee benefits in general, and costs involved such as heating buildings, when only a small number of staff are present. Motion: Mark Welch moved to approve a change to Personnel Policies Manual Section 8.11 designating Christmas Eve as a holiday for all employees. Catharine Robinson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PRESIDING OFFICER REPORT There was no presiding officer's report. CITY MANAGER REPORT Mr. Timmons reported on the Sheridan Street project design, completion of the Walker Street project; and items for the next Council meeting on November 25. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION - PERSONNEL AND POTENTIAL LITIGATION RCW 42.30.110(8) to evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. RCW 5.60.060(2)(a)(i) specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party City Council Business Meeting November 18, 2013 Page 6 of 7 At 9:38, Mayor King declared a short break prior to an executive session regarding evaluation of a public employee and potential litigation, He said the executive session would take approximately 40 minutes and there would be no action taken, ADJOURN The meeting was reconvened at 10:20 p.m. and immediately adjourned. Attest: t� Pamela Kolacy, MMC City Clerk City Council Business Meeting November 18, 2013 Page 7 of 7