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HomeMy WebLinkAbout12061999PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1999 The City Council of the City of Port Townsend met in regular session this sixth day of December, 1999, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Forrest Rambo presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Allen Frank, Vem Garrison, Joe Finnie, Geoff Masci, Forrest Rambo and Alan Youse. Syd Lipton was excused. Staff members present were City Manager David Timmons, City Clerk Pam Kolacy, Interim City Attorney Steve Olsen, Building & Community Director Bob Leedy, Finance Director Michael Legarsky, and Planner Jeff Randall. CORRESPONDENCE NOT PREVIOUSLY RECEIVED BY COUNCIL None noted. COMMITTEE AND BOARD & LIAISON REPORTS Mr. Finnie: Ferry Advisory meeting, County Planning Commission, P .E.G. Advisory Board. (P.E.G. budget issues on agenda for Finance Committee December 8.) Mr. Frank: Finance Committee Mr. Youse: COPAB, Puget Sound Energy Franchise Committee Mr. Masci: Ferry Advisory. (Emphasize health care impacts; asked council to consider drafting a letter to the Ferry Commission with these concerns) Mr. Garrison: Aquatic Center PRESIDING OFFICER'S REPORT Mayor Rambo discussed ferry impacts, possible toll on the Hood Canal Bridge. He announced that he has received a reply from the State Auditor regarding use of Lodging Tax Funds and read the letter into the record. The letter states: "It is the position of the Office of State Auditor, based on advice from the Attorney General's Office, that hotel/motel tax related expenditures are restricted only to the extent that the expenditures promote tourism. The proposed expenditures related to a performing arts facility, Maritime Museum and Marine Science Center clearly meet our criteria for allowable expenditures and would not be questioned in our audit of the City." Mr. Masci then suggested adding consideration of approval of the LTAC Committee's funding recommendations under New Business (Item 1 OD) City Council Minutes Page 1 December 6, 1999 CITY MANAGER'S REPORT Mr. Timmons introduced a resolution which would authorize continuation of the contract for outside attorney services for misdemeanor prosecution. RESOLUTION 99-087 RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF PORT TOWNSEND TO SIGN AN AGREEMENT WITH ATTORNEY KEITH HARPER TO PROVIDE 2000 CITY MISDEMEANOR PROSECUTION SERVICES. Motion: Mr. Masci moved to adopt Resolution 99-087. Mr. Frank seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Timmons then updated the council on a proposed change of city utility billing cycles. Base charges are currently prorated differently for different utilities; with the institution of the new billing system, the Finance Director has proposed a change in billing cycles so all utility cycles will be the same. This will result in a one time change which would speed collection of water base charges for two weeks. The two week catch-up charge ( a one time adjustment) will be prorated over a six-week billing period to lessen the impact to customers. The city will also allow a three-month non-penalty charge to make the catch-up easier. Mr. Timmons then introduced a resolution which would allow negotiations and execution of a professional services contract for wastewater engineering. RESOLUTION 99-087 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GRAY & ORSBORNE FOR COMPLETION OF THE WASTEWATER COMPREHENSIVE PLAN AND DESIGN OF THE GAINES STREET PUMP STATION AND SEWER TRUNK REPLACEMENT Motion: Mr. Masci moved to adopt Resolution 99-087. Mr. Frank seconded. The motion carried unanimously, 6-0, by voice vote. COMMENTS FROM THE PUBLIC (non-agenda items) Nancy Dorgan: Relationship of Non-motorized Advisory Committee to the council. She reminded the council that the committee had submitted a letter to the council addressing certain issues that has never been acknowledged. City Council Minutes Page 2 December 6, 1999 PUBLIC HEARING FISCAL YEAR 2000 BUDGET Mr. Timmons and Mr. Legarsky presented the budget and provided handouts which delineated the fund summaries and highlights of the budget. Mayor Rambo opened the public hearing. Speaking in favor: Bill Medlicott: Member of the LTAC Committee. Urged approval of LTAC Committee recommendations in light of the resolution of the legal question. He noted the effective use of LTAC funds for the Christmas tree lighting last weekend. Rebecca Rafuse: Commended the council for good intentions; impressed with the shaving down of the budget. Questioned the PEG Access fund moving to General Fund and was assured this had no impact other than easier accounting for staff. Speaking in opposition: None Speaking neither in favor nor in opposition: Dick Shipman: spoke in support of PTTV as an important community resource, urged council to preserve the asset which allows the use of technology to enhance the community. James Everett: spoke against pressure to commercialize PTTV and make it into a private project organization. He noted it is important for the public to have a place to air views which may not be found from other venues. He urged keeping the station independent and upgrading coverage with the help of volunteers. Don White: Chairperson of the Arts Commission. Stated that he was disappointed at the small amount earmarked in the budget for the Arts Commission. He asked whether the council had set criteria for dispersing funds from the council reserve fund so the Commission can act intelligently in petitioning for those funds. Mark Welch: Chairperson of PEG Coordinating Committee. The Committee has put together a package addressing the concerns of the Finance Committee and thinks this will satisfy their desire for equity and a cost effective program so that public access can remain a part of the studio. Richard Talbot: Asked for support for non-motorized projects and questioned merging Real Estate Excise Tax funds into the capital improvement fund. He urged that the non-motorized project funding not get lost in the shuffle, [Mr. Timmons noted that the money can be found in City Council Minutes Page 3 December 6, 1999 capital improvements but that park funding rather than transportation funding had been most affected by the cuts due to 1-695] There being no further speakers, Mayor Rambo closed the public hearing, noting that deliberations would occur on the 13th. He asked if the council had any clarification questions. Mr. Finnie had two questions with respect to the Building & Community Development Department reorganization and reductions in staff and re-tasking of some members of the Planning Group: 1) how will the city manage the work load for the permit center in the coming fiscal year absent one member of the organization? 2) Should we be looking at enhanced project management software? Mr. Youse then noted that because of his relationship with a city employee, he would be recusing himself from voting on certain items related to the budget, and asked other councilors to let him know if they think he is participating in an issue he should recuse from. CONSENT AGENDA Mr. Masci noted a correction to the minutes of November 29 (page 4 should reflect motion by Mr. Masci, second by Mr. Garrison regarding adoption of option 4, city utility rates). MotiOn: Mr. Masci moved to adopt the following items on the consent agenda with the amendment to the minutes of Nov. 29. Mr. Frank seconded. The motion carried unanimously, 6- 0, by voice vote. Approval of Bills, Claims and Warrants: 70007 through 70118 in amount of $104,351.45 70119 through 70278 in amount of $227, 410.25 Approval of Minutes: Regular meeting of November 15, 1999; special meeting of November 22, 1999; special meeting of November 29, 1999. [correction as noted and typographical errors corrected] Board and Commission Appointments: Appointments and reappointments to the Parks & Recreation Commission: New appointments: Barbara McColgan Pastore, term expires 1-01-02 Beverly Fleming, term expires 1-01-01. Reappointments: Barbara Nightengale (1/01/03); Debbie Berreth (1-01-03); Tim Caldwell (1/01/02); Jim Farmer (1/01/03); Lyn Hersey (1/01/02).. Approval of Resolutions: RESOLUTION 99-082 City Council Minutes Page 4 December 6, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO SIGN WITH THE PORT TOWNSEND SWIM TEAM (PTST) A POOL AGREEMENT RESOLUTION 99-083 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE PORT TOWNSEND SCHOOL DISTRICT NO. 50 CONTAINING THE TERMS AND CONDITIONS REGARDING THE RENTAL BY THE CITY OF THE SWIMMING POOL AT MOUNTAIN VIEW ELEMENTARY SCHOOL. RESOLUTION 99-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO SIGN AN INTER-AGENCY COOPERATION AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND PORT TOWNSEND SCHOOL DISTRICT #50 FOR THE 1999/2000 SCHOOL YEAR SWIMMING INSTRUCTION PROGRAM. RESOLUTION 99-085 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND TO ENTER INTO AN INTER-AGENCY COOPERATION AGREEMENT WITH THE PORT TOWNSEND SCHOOL DISTRICT NO. 50 FOR AN AFTER-SCHOOL RECREATION PROGRAM FOR THE 1999/2000 SCHOOL YEAR, EFFECTIVE UPON AGREEMENT SIGNATURES OF BOTH PARTIES RESOLUTION 99-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A UTILITY LATECOMER AGREEMENT PURSUANT TO RCW CHAPTER 35.91 AND PTMC CHAPTER 13.04 (M. SWIFT & R. STEELE) MOTION OF AUTHORIZATION AUTHORIZATION TO ACCEPT GRANT FROM STATE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT IN THE AMOUNT OF $30,000 AND AUTHORIZATION FOR THE CITY MANAGER TO SIGN NECESSARY PAPER WORK FOR AND ON BEHALF OF THE CITY, AND THAT STAFF BE DIRECTED TO PROCEED WITH DRAFTING AND CIRCULATING A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES City Council Minutes Page 5 December 6, 1999 UNFINISHED BUSINESS ORDINANCE 2719 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.05.030 PTMC, MONTHLY WATER RATES, 13.05.040 SEWER RATES OF THE PORT TOWNSEND MUNICIPAL CODE TO REFLECT SYSTEM NEEDS AND SERVICE COSTS EFFECTIVE FOR WATER USAGE STARTING ON JANUARY 1, 2000 Motion: Mr. Masci that council rules be suspended and that the first reading be considered the second reading, and the third be by title only. Mr. Youse seconded. The motion carried unanimously, 6-0, by voice vote. Ms. Kolacy read the ordinance by title. Motion: Mr. Masci moved for adoption of Ordinance 2719. Mr. Youse seconded. The motion carded 5-1, by roll call vote, with Mr. Frank opposed. PORT OF PORT TOWNSEND ZONING CODE TEXT AMENDMENT Planner Jeff Randall did the staff presentation, distributing a memo which addressed the various questions council had posed to staff at the last meeting. Mr. Youse read a list of questions provided by Mr. Lipton. Larry Crockett, General Manager of the Port of Port Townsend elaborated on the list of written answers the Port submitted in response to the councilor's questions at the last meeting. Mr. Garrison noted that the proponent has volunteered the paint proposed buildings in earth tones which may lessen the visual impact. He also noted that there is a large gap in the row of Lombardy Poplars lining Sims Way by boat haven and filling in that gap may also mitigate the visual impacts. Mr. Randall introduced a memo containing a volume calculation alternative. Taller buildings (than 62 feet) would be allowed but at the expense of total volume. He noted that this method would put responsibility on the Port to manage the volume for taller buildings and would encourage the Port and tenants to use the volume wisely. Mr. Randall added that one item not included in his memo is the designation of a maximum slope. Mr. Garrison noted the need for a benchmark on how cubic volume will be calculated. City Council Minutes Page 6 December 6, 1999 Motion: Mr. Youse moved that the City Manager direct staff to prepare a draft ordinance reflecting the plan outlined by Mr. Randall, in his December 3, 199 memo, including a maximum building height of 75 feet, for council deliberation and action at the December 13, 1999, meeting. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. RECESS Mayor Rambo called a recess for purposes of a break at 9:23 p.m RECONVENE The meeting was reconvened at 9:37 p.m. Mr. Masci suggested the council move to the last item under new business, LTAC recommendations. Motion: Mr. Masci moved to accept the recommendation of the Lodging Tax Advisory Committee for allocation of funds for the year 2000. Mr. Garrison seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Garrison and Mr. Finnie recused themselves from the next item of business, Comprehensive Plan Amendments, as they were recused from the original deliberations. Motion: Mr. Frank moved to reconsider the votes on the adoption of Ordinance 2716, adopting certain amendments to the Port Townsend Comprehensive Plan, in particular the amendment to the main motion to reverse the finding of the Planning Commission and approve the amendment to revise the description of the R-III, Medium Density Multi-Family, and R-IV High Density Multifamily land use designation and Table 17.16.030 PTMC to link allowable densities to the number of bedrooms within dwelling units. He noted that he had voted with the majority against the amendment. Mr. Youse seconded. The motion to reconsider carried unanimously, 4-0. Motion: Mr. Frank then moved to reverse the finding of the Planning Commission and approve the amendment to revise the description of the R-III, Medium Density Multi-Family, and R-IV High Density Multifamily land use designation and Table 17.16.030 PTMC to link allowable densities to the number of bedrooms within dwelling units, and that this would be subject to a reasonable density cap of 24 units per 40,000 square feet in R-III and 40 units per 40,000 squaree feet in R-IV. Mr. Youse seconded. The motion carried unanimously, 4-0, by voice vote. Mr. Frank cited issues including the need for affordable housing, and protections such as SEPA in place for the potential development. City Council Minutes Page 7 December 6, 1999 Motion: Mr. Frank moved to adopt Ordinance 2716 as amended. Mr. Youse seconded. ORDINANCE 2716 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES AND POLICIES CONTAINED IN THE LAND USE AND CAPITAL FACILITIES & UTILITIES ELEMENTS OF THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING THREE AMENDMENTS TO THE LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); ADOPTING AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). The mayor then opened the floor to public comment. Nancy Dorgan: Commented on finding #7 (opportunities for meaningful citizen participation) and noted the lack of council discussion before individual votes. Supported changing the comp plan amendment process to provide more oppommities for public dialogue. Vote on the motion: Motion to adopt Ordinance 2716 as amended during reconsideration, carried unanimously, 4-0, by voice vote. ORDINANCE 2720 AN ORDINANCE AUTHORIZING THE CLOSING OF THE FOLLOWING CITY ACCOUNTING FUNDS: 1956 WATER WORKS AND SYSTEM CONSTRUCTION FUND; 1992 WASTEWATER TREATMENT PLAN CONSTRUCTION FUND; CUMULATIVE RESERVE FUND FOR OLYMPIC GRAVITY SYSTEM; STATE AID FUND; WAR LIQUOR TAX FUND; STREET LIGHTING FUND; PUBLIC WORKS EMPLOYMENT ACT FUND - VOUCHERS; PUBLIC WORKS EMPLOYMENT ACT FUND; LIBRARY SERVICES AND CONSTRUCTION ACT GRANT FUND; FLEXIBLE BENEFITS FUND; SAILORS FUND Mr. Masci moved to suspend council rules for each of the ordinances in New Business, Item "A" so that the first reading be considered the second reading and the third be by title only. Mr. Frank City Council Minutes Page 8 December 6, 1999 seconded. The motion carried unanimously, 4-0, by voice vote. Ms. Kolacy read Ordinance 2720 by title. Motion: Mr. Masci moved for adoption of Ordinance 2720. Mr. Youse seconded. The motion carried unanimously, 4-0, by roll call vote. ORDINANCE 2721 AN ORDINANCE AUTHORIZING THE CONSOLIDATION AND CLOSING OF THE FOLLOWING FUNDS INTO A NEW FUND CALLED G.O. DEBT SERVICE FUND: LTGO BOND REDEMPTION FUND 1990, LTGO BOND REDEMPTION FUND 1991, LTGO BOND REDEMPTION FUND 1993; AND THE CLOSING OF LTGO BOND REDEMPTION 1988 FUND AND THE 1988 BOND RESERVE FUND Ms. Kolacy read the ordinance by title. Motion: Mr. Masci moved to adopt Ordinance 2721. Mr. Frank seconded. The motion carried unanimously, 4-0, by roll call vote. ORDINANCE 2722 AN ORDINANCE AUTHORIZING THE CONSOLIDATION AND CLOSING OF THE FOLLOWING FUNDS: THE LIBRARY FUND INTO THE GENERAL FUND; THE ARTERIAL STREET FUND INTO THE STREET FUND, THE 1978 WATER SEWER REVENUE BOND FUND AND THE 1978 WATER SEWER REVENUE BOND RESERVE FUND INTO THE WATER SEWER FUND, THE 1967 WATER SEWER REVENUE BOND FUND INTO THE WATER SEWER FUND, AND FIRE DEPARTMENT PUMP TEST PIT FUND INTO THE GENERAL FUND, AND THE P.E.G. ACCESS STUDIO FUND INTO THE GENERAL FUND Ms. Kolacy read the ordinance by title. Motion: Mr. Masci moved for adoption of Ordinance 2722. Mr. Youse seconded. The motion carried unanimously by voice vote, 4-0. ORDINANCE 2723 AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF THE CONTINGENCY FUND AND THE TREASURY AGENCY FUND; AND THE NAME CHANGE OF THE HOTEL-MOTEL TRANSIENT TAX FUND TO THE LODGING TAX FUND Ms. Kolacy read the ordinance by title. Motion: Mr. Masci moved for adoption of Ordinance 2723. Mr. Youse seconded. The motion City Council Minutes Page 9 December 6, 1999 carried unanimously, 4-0, by voice vote. ORDINANCE 2724 AN ORDINANCE APPROPRIATING THE SUM OF $182,899 TO THE GENERAL FUND; $30,714 TO THE LIBRARY FUND; $18,717 TO THE WATER SEWER FUND; $1,701 TO THE STREET FUND; $576 TO THE STORM AND SURFACE WATER FUND; $919 TO THE EQUIPMENT RENTAL FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. The ordinance was presented for first reading. Mr. Youse noted that because of his relationship with a city employee, he may be recusing himself from voting on certain items in the ordinance. No one objected to him remaining for purposes of a quorum. Finance Director Michael Legarsky introduced the ordinance and noted that a public hearing is scheduled for Monday, December 20. Ms. Kolacy read the ordinance by title. Mr. Masci proposed another discussion item under "new business" which would related to questions regarding the permit center workload for the next year. Motion: Mr. Masci moved that the staff work on an ordinance or resolution which would provide for raising the threshold requirement for a building permit to $15,000 in value or a building requiring structural integrity to be presented to the council at the second meeting in January. Mr. Frank seconded. The motion carried unanimously, 4-0. ADJOURNMENT There being no further business, the meeting was adjourned at 10:02 p.m. Attest: Pamela Kolacy, CMC ~) City Clerk City Council Minutes Page 10 December 6, 1999