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HomeMy WebLinkAbout051908CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 19, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Gouncil of the City of Port Townsend met in regular session the nineteenth day of May 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Laurie Medlicott, George Randels, Catharine Robinson, Michelle Sandoval and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Planning Director Rick Sepler, Senior Planner Judy Surber, Library Director Theresa Percy, Public Works Director Ken Clow, and Legal Assistant Joanna Sanders. CHANGES TO THE AGENDA There were no changes proposed to the agenda. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Jim Fritz regarding the price of gasoline and crude oil. Susan Langlois regarding land use and appropriate mitigation measures for code violations. She favored the Quimper Corridor Plan and supports wildlife corridors throughout the City. CONSENT AGENDA Motion: Mrs. Medlicott moved for approval of the following items on the Consent Agenda. Mr Randels seconded with corrections to the minutes as follows. Motion carried unanimously, 7-0, by voice vote. April 28, 2008: Page 2, 4th paragraph, the last line should be "developable" instead of "development." May 1, 2008: Page 1, Mark Welch should be listed as present rather than excused. Page 2, last paragraph, 4th line should read "... the person who found. him." City Council Business Meeting Page 1 May l g, 2008 A. Approval of Bilts. Claims and Warrants Vouchers 104757 through 104762 in the amount of $72,543.75 Vouchers 104772 through 104915 in the amount of $318,146.74 Vouchers 104917 (plus EFTs} through 104926 in the amount of $90,255.72 8. Approval of Minutes (as corrected): April 28, 2008, May 1, 2008, and May 5, 2008. C. Resolution 08-016 NW Maritime Center/HUD Refinance Moved for adoption of Resolution 08-01, authorizing the City Manager to execute documents approving the City's participation in the public offering for FY 2008 for the NWMC HUD loan (Note Number 8-01-DC-53-0001/Port Townsend). PUBLIC HEARING QUIMPER WILDLIFE CORRIDOR Long Range Planning Director Rick Sepler reviewed that several rezones of city- owned lands are recommended in the draft QWCMP, but any Council action tonight would not involve a rezone of any land. Although a significant portion of Cappy's Trails is within the Quimper Wildlife Corridor the discussion would not be about preservation or rezone of Cappy's trails. Recommended rezones would require a Comprehensive Plan amendment. The City would require additional analysis and provide opportunity forpublic comment prior to acting on the recommended rezones. The purpose of the plan is to ensure coordinated management of those portions of the Quimper Wildlife Corridor lying within the city limits. Recommendations in the plan apply to lands owned by Jefferson Land Trust (JLT), lands subject to a JLT conservation easement, and some city-owned parcels. Recommendations will not apply to privately held properties in the corridor. Senior Planner Judy Surber provided an overview of the Quimper Wildlife Corridor Management Plan (QWCMP). She noted Council was briefed on this plan at its April 28 workshop and councilors had requested additional documentation. Provided in the agenda materials were staff memos to the Jefferson Land Trust with comments, questions and revisions. The draft plan also incorporated changes recommended by the Planning Commission. Additional supporting materials were also included in the packet. New versions of the draft Ordinance and Resolution were distributed to Council just prior to the meeting with minor line-in, line-out revisions. The Ordinance adopts the plan and the resolution authorizes application for the funding assistance. Ms. Sandoval asked about lead partner status as written in the management and if there was a timeframe for implementation. Mr. Sepler said the plan does not include a specific timeframe. If the RCO grant were successful, this could be addressed. City Council Business Meeting Page 2 May 19, 2008 Ms. Surber noted missing Figures 2 and 3 are the habitat types described in the draft plan and a graphic developed to show Levinski and Tee Pee Wetlands. These graphics just improved what was previously available at the Council workshop. Public comment: Barbara McColgan-Pastore endorsed adoption of the QWC plan. Sara Spaeth of Jefferson Land Trust expressed appreciation for Staffs review of this plan. With the plan adoption, the City could apply for state funding for furthering long-term goals for this corridor. She urged those in the audience in support of Council adoption to raise their hands. Approximately 30 people responded in favor. Andrew Redding thanked Land Trust, Staff and Council for this presentation. Mike Biskup spoke in support of Cappy's Trails. Jim Todd spoke in favor of the Ordinance as being representative of many areas of wildlife to preserve -another is Kah Tai. Council deliberation and action: Mr. Randels supported this as a sound plan and as a great step toward meeting Comprehensive Plan goals. He spoke of the need to preserve and encourage development of the more densely zoned lands to their density, for open space, and affordable housing. Mr. Butler commented that Tier 1 and 2 properties target a very significant need for public safety - by acquiring parcels that are in the 100-year flood plain. It also provides the need for open space. Ms. Robinson moved to waive Council rules for fwo readings of Ordinance 2976. Mr. Randels seconded. Ms. Medlicott said while she is usually opposed to waiving two readings of Council rules for an item that has bubbled along and is suddenly presented because of an impending deadline, she is not opposed. Vote: Motion carried unanimously, 7-0, by rol! calf vote.. Ms. Robinson moved to adopt revised Ordinance 2976, adopting the Quimper Wildlife Corridor Management Plan: Mr. Randels seconded. Motion carried unanimously, 7-0, by voice vote. Mr. Welch thanked the Land Trust for their good work on the plan. City Council Business Meeting Page 3 May 79, 2008 Ms. Sandoval expressed her appreciation to Council on management of its work plan. She believes this is the year of collaboration for Council. Ms. Robinson moved for adoption of Resolution 08-017 authorizing application for funding assistance for a Washington Wildlife and Recreation Project to the RCO for the acquisition of habitat conservation land within the Quimper Wildlife Corridor. Mr. Welch seconded. Mrs. Medlicott asked about the fiscal obligation of the City. Mr. Sepler referred to Appendix E and indicated there would be no obligation of city funds. Ms. Robinson asked to confirm that Item 3 of the Resolution also states the same. Mr. Sepler reiterated the RCO provides the funding, the match for which comes from contributions coordinated by the Land Trust. Vote: Motion carried unanimously, 7-0, by voice vote. UNFINISHED BUSINESS RESOLUTION 08-018, AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT WITH THE WASHINGTON STATE MILITARY DEPARTMENT FOR A HAZARD MITIGATION GRANT (FEMA-1641-DR-WA) TO SEISMICALLY RETROFIT THE COTTON BUILDING Public Safety Analyst Ken Horvath reviewed that in January 2008, the City was awarded a hazard mitigation grant for a seismic retrofit of the current police station building, contingent upon that function being removed from hazard zones. Because of the historical nature of the Cotton Building, once there is engineering and design approval by the State Historic Preservation Officer, the City would receive the second part of the grant ($400,000). He reviewed materials in the agenda packet and requested authorization for the Gity Manager to accept the first phase grant award in the amount of $33,000 (requiring a $4,125 local match), and to authorize the City Manager to accept the second phase award for construction upon completion of the first phase as required by the Mitigation Grant Agreement. Mr. King asked about the City match. Mr. Timmons responded that the local match would come from the proposed capital bond, for which Council has given preliminary approval, so it would be part of the overall project for creating the visitor plaza on the waterfront and office for volunteer efforts, a bike facility, and public restrooms. Ms. Sandoval asked if the Police Facility Study was reviewed at the Council committee level and whether there had been discussion about proposed uses such as a meeting space other than a visitor's plaza. Mrs. Medlicott noted that it was presented at the Public Safety Committee and has been discussed at the Lodging Tax Advisory Committee (LTAC). Cify Council Business Meeting Page 4 May 79, 2008 Mr. Timmons stated that a public meeting space was incorporated in the preliminary design concept. The recommendations on Option #2 as the preferred alternative came before the committees mentioned. The matter of the grant was brought before Council in the form of Resolution 06-030. Mr. Horvath explained the City has until January 2009 to complete the design process for the state Historic Preservation Officer. Mrs. Medlicott took exception to the references to "Visitors Center" in the 2007 study and would instead prefer "Visitors Plaza." Ms. Sandoval said approval of the study is not before Council this evening. Mrs. Medlicott moved to approve Resolution OS-018, authorizing the City Manager to sign a grant agreement with the Washington State Military Department for a Hazard Mitigation Grant (FEMA-1641-DR-WA) to seismically retrofit the Cotton Building. Mr. Butler seconded. Motion carried unanimously, 7-0 by voice vote. STATE OF WASHINGTON HAZARD MITIGATION GRANT APPLICATION TO SEISMICALLY RETROFIT THE SIDEWALK LIDS ON WATER STREET AND APPROPRIATE SIDE STREETS Ken Horvath reported on the opportunity to apply for funds to seismically retrofit the sidewalk lids on Water Street and appropriate side streets. One grant to retrofit Taylor Street Tunnel lids was submitted in July 2007 and is currently under review by the State Military Department. The resolution to be presented at the June 2 Council meeting would authorize the City Manager to seek this funding. Mr. Butler asked about previous collapses. Mr. Horvath responded the sidewalks, constructed in the early 1900s, are safe for pedestrian traffic, but there is concern about failure in the event of an earthquake. The repair work is an expensive undertaking. RECESS Mayor Sandoval declared a recess at 7:30 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 7:40 p.m. RESOLUTION 08-019 -LEVY LID LIFT AND BALLOT MEASURE City Council Business Meeting Page 5 May 79, 2008 City Manager David Timmons reviewed agenda packet materials on a General Lid Lift explaining the relationship between initially setting a levy rate, which establishes the dollar amount to be taken and the limitation to new construction plus one percent. This amount is then divided by a new assessed valuation, which provides a new levy rate. Another factor is banked capacity, which is an amount not collected, but banked until authorized for use by Council. The draft resolutions provide a levy increase of 75 cents (approximately $916,000) with amounts dedicated to the Library. Option 1 provided for an immediate levy increase in 2009, Option 2 provided for aramped-in increase over three years. A proposal today to provide a levy increase of 75 cents may change to 70 cents as a result of state valuation, new construction, or other factors that affect the ultimate outcome. Based on feedback from the Council study session and on legal advice, there was work to include in the resolution a specified levy. Council desired that funds freed up in the general fund currently being allocated to the Library would be returned to the general fund and be redirected to address parks, capital facilities, and deferred maintenance. The resolution provides the legislative framework for the ballot measure. A third resolution, provided to Council before the meeting, adds language that assures the public that if the measure were approved, monies going back to the general fund would be reallocated for the benefit of the community services fund (parks, community programs, and community facilities). Mr. Timmons explained agenda packet Exhibits A (Option 1) and B (Option 2). Exhibit D reflects the library requirements and a rise in the level of service the first year, restoring services taken away. The measure would provide the library fund a full allocation up front in either proposition ($916,000). The fire fund already has a contractual commitment and would get its full share ($954,154). The difference is made up by the general fund to allow for the ramping. The initial discount comes from lowering the amount of the credit to the general fund, which is then transferred to the community services fund. Even though this is a reduction, it is still a net increase over the current levy amount of $1.9 million and would be $2.371 million. Exhibit E shows how these funds would be ramped up to support Parks Functional Plan goals. He distributed a 2006 City Tax Comparison, showing the City is still well below comparable averages. For job growth and economic development, Mr. Timmons explained the City needs to deal with infrastructure, regulatory framework, but also amenities for quality of life. Aside from making the library more self sustaining, it would support what Make Waves is trying to do to develop a pool facility by providing the assurance that the City has the necessary funds to keep the existing pool operational until they are successful. One resolution is based on the initial 75 cent levy in Year 1. The second option is approval of the 75 cent levy, but holding back on the general fund portion and bringing it up over athree-year term and then reallocating greater resources to the community services functions (parks and capital facilities). City Council Business Meeting Page 6 May 19, 2008 Mr. Timmons responded to Councilor questions and recommended the phasing alternative. Mr. Watts explained the single purpose ballot measure and the consultation with Bond counsel on the ballot language. The limitation language is explained in the resolution. Ms. Sandoval reiterated that instead of being forced to decide what services to cut in the areas of parks, recreation, community services and capital facilities, the library levy would free up funding to address these priorities. Mr. Timmons said the agenda packet includes exemption programs available for those most at risk. Next year, the City might want to develop some legislative priorities to make the property tax system more user-friendly. Mrs. Medlicott asked for an explanation of capital facilities. Mr. Timmons said they are non-utility related buildings and grounds throughout the community (Pope Marine Park Bldg, Library, Bell Tower, City Dock, Union Whart, Pink House, and playground equipment). Mr. Butler asked about the exemption for low income citizens. Mr. Timmons agreed to provide Council more information on the limited income deferral, which becomes a lien on your property with interest. There are exemptions for seniors and individuals with disabilities. Mr. Butler said he would like to see leveraging of the $65K capital outlay in the 2008 Library budget against federal or state grants. Mr. Timmons agreed the Library could leverage local dollars with technology, program, foundation, and state grants. Public comment: Bill Maxwell reminded of the history of the Carnegie Libraries, which stipulated that libraries had to be free and open. Somewhere in its history, the City also agreed that 10% of the amount of construction would be provided by the City annually for the support of the library. He thanked staff for their efforts on this measure. Barbara McColgan-Pastore supported the resolution specifying funding parks, community services, and capital facilities. She suggested better publicity of this measure and assigning percentages to be given to the amenities. She also asked about junior and senior taxing districts. Mr. Timmons responded that he believes the City's is a senior tax and a Park District would be junior. Joshua Bennun spoke in support of a library levy and the need for an increased general budget. He believes it is amulti-purpose, hybrid levy. John Marckworth, co-president of PT Library Foundation, urged Council to pursue this funding mechanism. City Council Business Meeting Page 7 May 19, 2008 David Hero supported the resolution with a ramp up and proposed gathering a citizen's group to ask questions and then creating a layman's version for the public Jim Todd supported the resolution and spoke about the library's unique function. The more informed the citizenry, the better the community. Andrew Redding supported the resolution and believes funds are needed for community services such as the Soiler Room and for parks personnel and property acquisitions to improve corridors. Fran Post, Library Levy Campaign Manager, asked for a show of hands from citizens present who are supportive of a levy (approximately 25 in the audience raised their hands). Council deliberation and comments: Mr. Butler believed that sticking together and being a single voice would enhance the levy's success. Mr. Randels spoke in support of the resolution with a ramp up. If Carnegie hadn't done what he did 100 years ago, he would want a free library today. What the community does with this library is amazing. Mr. Welch said he would prefer economic development and B&O tax to property tax, but supports the levy with the ramp up as the key to providing services citizens want and need. The decline of parks and deferred maintenance is disheartening. Mr. King expressed his support for this measure. He acknowledged the sacrifice citizens would make when they pass this measure. Even though we have a low levy rate, the low rate is a result of how high our property values have become and how quickly they have risen. Citizen income has not tracked in the same way. Mrs. Medlicott said while she is supportive of a levy lid lift, she could not support a ramped up version of the resolution. Ms. Robinson asked to clarify the amount of the levy increase to 2.38 or 2.31, She thanked Staff for its work on Council's behalf. Given the uncertain economic times, she expressed her support of the ramp up. Mr. Randels pointed out that more lead time is needed for planning. Even if there were a decision supporting Option 1, there is a real likelihood that some of the money could not be spent immediately, which is good reason to go for the ramp up. City Council Business Meeting Page 8 May 19, 2008 Mrs. Medlicott said her reason for supporting Option 1 with the full levy request is that Option 2 asks for a slight increase each year. The City either has the problem for which it needs funding or it doesn't. She cannot defend a ramp up. Ms. Sandoval thanked all City staff for so closely managing their budgets. She appealed to Mrs. Medlicott for a united vote to present to the community. Mr. Butler moved to approve revised Resolution 08-019 (with fhe phased in levy increase and new Section 3. Description of Lid Lift), relating to regular property taxes; providing for the submission to the qualifred electors of the City at a special election held in conjunction with the state primary election on August 79, 2008, of a proposition authorizing the City to levy regular property taxes in excess of the limitations of ch. 84.55 RCW,~ setting forth the text of the ballot proposition; directing proper City officials to take necessary actions; and providing for other properly related matters. Ms. Robinson seconded. Ms. Robinson asked whether the word "solely" could be included in the ballot language in the proposed Resolution 08-019. Mr. Watts recommended Staff work on the language to see how it might best be reworded to stay within the 75-word limit. Mrs. Medlicott noted that while she supports the levy lid lift, the previous two times she reviewed the levy possibilities with Staff and with Council, only Option 1 was a consideration. Option 2 wasn't available until she got her agenda packet. Vote on Motion: The motion carried, 6-7 by voice vote. Mrs. Medlicott opposed. Mr. Timmons announced that now that the Council has voted on putting forth a ballot measure, the PDC rules apply/or are now in effect in regards to City involvement. NEW BUSINESS JEFFERSON COUNTY SOLID WASTE MANAGEMENT PLAN Public Works Director Ken Clow reviewed that Counties and Cities are required to have a plan and statutes require that the plan be updated periodically. He introduced County Solid Waste Coordinator AI Cairns and City Public Works Operations Manager -Streets/Sewer, John Merchant, the City staff representative on the County Solid Waste Advisory Committee. The Jefferson County Solid .Waste Management Plan (CSWMP) takes into account the state's Beyond Waste plan. Following approval of the City resolution would be a County resolution. The plan would then be submitted to Ecology for final approval. Much of the material has been condensed into a shorter plan. City Council Business Meeting Page 9 May 19, 2008 Mr. Randels suggested there should be a review/reconciliation of the waste diversion goals which differ on pages E5 and E10. It appears the goal has already been achieved. Mr. Butler asked about the baseline for the 50% goal. Mr. Clow noted this plan increases the goal from the previous plan. Mr. Cairns noted Ecology measures waste diversion and recycling differently than the County would like. The County's diversion rate is 56% and recycling is 46.1%. The baseline is 2005. Mr King moved to approve Resoiution 08-020, adopting the final draft of the 2008 Jefferson County Solid Waste Management Plan. Mr Randels seconded. The motion carried unanimously, 7-0 by voice vote. Ms. Robinson recommended new Councilors contact Public Works to schedule a tour of the solid waste transfer station, recycling and compost facilities. PRESIDING OFFICER'S REPORT Ms. Sandoval solicited comments on the draft letter to Senators Cantwell and Murray requesting support of the National Affordable Housing Trust Fund Act. Mr. Randels said he does not believe this is an effective way to lobby on the issue. Ms. Robinson moved to approve the letter to Senators Cantwell and Murray requesting their support of National Affordable Housing Trust Fund Act. Mr Welch seconded. The motion carried unanimously, 7-0 by voice vote. There was consensus by Council for adding a cover letter or post script suggesting Senators forward or share information they believe is appropriate to colleagues who have not made up their minds. Ms. Sandoval reported that she has been asked to provide two letters of support: one for adding a Zip Car enterprise in Port Townsend, and the other for musician David Michael about playing on the ferries. Ms. Sandoval announced that Washington State Ferry (WSF) representatives solicited input from the ferry partnership on getting rid of four steel electrics. WSF would plan to arrive at a process for disposal by June 1. She asked about Council's interest in considering the feasibility of retaining one of the ferries in Port Townsend (sinking as artificial reef or for other waterfront redevelopment efforts). Ms. Robinson moved to assign Sfaff to look into the possible use and fees of acquiring one of the steel electric ferries being retired by Washington State Ferries. Mr. Randels seconded. The motion carried unanimously, 7-0 by voice vote. City Council Business Meeting Page 10 May 19, 2008 CITY MANAGER'S REPORT The City was represented in the Rhododendron Festival Bed Race. David King suggested publishing the video of the recent budget presentation. COMMENTS FROM COUNCIL Brent Butler would be leaving on Wednesday for a conference in Bonn, Germany. ADJOURN There being no further business, the meeting was adjourned at 9:53 p.m. Minutes prepared by: Joanna Sanders Legal Assistant. Attest: is Pam Kolacy, MMC City Clerk City Council Business Meeting Page 11 May 19, 20Q8