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HomeMy WebLinkAbout10212002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF OCTOBER 21, 2002 The City Council of the City of Port Townsend met in regular session this twenty-first day of October 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall. City Clerk Pam Kolacy called the meeting to order, noting that the Mayor and Deputy Mayor are both out of the country visiting Sister City Ichikawa, Japan. ROLL CALL PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Joe Finnie, Geoff Masci, Catharine Robinson, Michelle Sandoval, and Alan Youse. Freida Fenn and Kees Kolffwere excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, BCD Director Jeff Randall, and City Clerk Pam Kolacy. FLAG CEREMONY Webelo Cub Scout Pack 4479 from Port Townsend performed the flag ceremony and led the Pledge of Allegiance. ELECTION OF DEPUTY MAYOR PRO TEM City Clerk Kolacy asked for nominations for a Deputy Mayor Pro Tem to serve until the Mayor returns from Japan. Ms. Robinson nominated Mr. Finnie. There were no further nominations and Mr. Finnie was elected Deputy Mayor Pro Tem by acclamation. CHANGES TO THE AGENDA City Attorney John Watts stated that staff has requested that Item B under Unfinished Business (Ordinance 2819, Mason Street Water/Sewer Assessment) be delayed until the next regular meeting. There were no objections. Ms. Sandoval requested that item A under Standing Committee Reports be moved to follow the Consent Agenda, as citizens will be attending to speak on the issue. Mr. Masci requested that item A under New Business (PSE Energy Franchise) be moved forward as well and addressed as the second item under Unfinished Business. PRESIDING OFFICER'S REPORT Mr. Finnie read a proclamation honoring retiring Fort Worden Park Superintendent Jim Farmer. He then invited the visiting Scouts to pose any questions they had to the council. Four of the scouts posed questions ranging from the length of the mayor's term to what the city City Council Business Meeting Page 1 October 21, 2002 has done to prepare for terrorist attacks. City Manager Timmons invited the scouts to visit his office and volunteered to attend a pack meeting. CITY MANAGER'S REPORT 2003 Preliminary Budget Mr. Timmons distributed the City Manager's Preliminary Budget for 2003 and presented a brief summary of the major budget issues facing the City. He stated that the Street Fund is currently funded by a $250,000 transfer from the General Fund. He added that the Water and Sewer funds are picking up a planned increase in debt service costs that will alter programmatic water and sewer budgets on the expenditure side. He added that the capital budget is critical in terms of responding to mandates and maintaining levels of service. A critical factor is the city's ability to be prepared to manage these projects. Other Items Mr. Timmons noted there will be a bargain sale of compost from now until the end of November. He also stated that because of the bum ban, there are large amounts of commercial waste coming in as a result of property development. The city and county are exploring the establishment of a commercial rate because of the excess handling costs. COMMENTS FROM THE PUBLIC (Consent and non-agenda items) Leola Armstrong: stated she does not believe council rules can take precedence over the constitutional right to free speech. She stated she has lived with the stench from the mill and the noise from the emergency medical helicopter transport but understands the reason for these and would tolerate noise from the Port as well if she lived nearby as part of the price of doing business. She opposes a noise ordinance and considers it punitive; asked the council to leave matters affecting the Port to the Port Commissioners. She spoke in general of what she considers an unfriendly business atmosphere fostered in the last nine months by the council. She then requested that council evaluate the performance of the mayor and deputy mayor. Jim Fritz: stated that the North Olympic Fruit Growers will be having an open house on November 2 at the Fair Grounds. He then thanked everyone for the response to the fire that destroyed his trailer and belongings. He asked the council to help support local businesses and help convince people to come into the city to shop. He suggested support of a regional marketing expert. Gloria Bram: urged the council to stop trying to set policy for the city on political matters unless there is a mandate from the citizens. She referred specifically to the nuclear disarmament resolution and the state initiatives. She said that state initiative City Council Business Meeting Page 2 October 21, 2002 should be better dealt with in a political party venue than the city council. She then stated that the port is a major source of business and jobs for the future of the community and that restrictive practices such as the proposed noise ordinance will cause problems. She asked that everyone be reasonable and pass no legislation affecting the viability of the Port. A1 Frank: stated that the council should consider placing evaluation of the performance of the mayor and deputy mayor on a future agenda before the end of the year. He believes the performances have not been appropriate and would like the council to start 2003 with either a vote of confidence for the officers or a fresh start. He also spoke in support of 1-776, stating that sound transit should be held accountable. CONSENT AGENDA Motion: Mr. Masci moved for approval of the following items on the Consent Agenda. Ms. Robinson seconded. The motion carried unanimously, 5-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 83570 through 83583 in the amount of $10,573.44 Vouchers 83584 through 83602 in the amount of $ 98,483.55 Vouchers 83603 through 83742 in the amount of $286,112.54 Vouchers 83743 through 83746 in the amount of $ 20,982.66 TREE PROTECTION ORDINANCE STATUS REPORT Building and Community Development Director Jeff Randall introduced the item. He noted that the packet contains a draft ordinance, which is about 70% completed, but has been included to show the general progress of the citizen advisory task force. He also directed Council's attention to a flow chart showing key elements of the ordinance. Two member of the committee, Nancy Stelow and Ross Gordon also commented on the process. They emphasized that the committee has learned a lot and is particularly interested in having the proper focus and simplifying the ordinance as much as possible. Ms. Sandoval, Chair of the CD/LU committee, noted that the committee received a thorough update from staff and committee members. She complimented them for their work to date. Public comment: None Motion: Ms. Sandoval moved to direct the Citizen Advisory Committee to continue developing the draft Forest Practices and Tree conservation ordinance and deliver a final draft to City Council for review by January 13, 2002. Ms. Robinson seconded. City Council Business Meeting Page 3 October 21, 2002 Mr. Masci stated he has been opposed to the ordinance since the start. He requested information from the staff, including a list of the speculative clear cuts in the last five years; applications and permits for tree cutting which have occurred to date and any that are proposed; and some staff statement that justifies a development moratoria. Mr. Randall said he would like to present some of the answers when the final ordinance is brought forward; he stated he has some of the same concerns, particularly in regard to development moratoria; he agreed that in a UGA it doesn't make sense to have moratoria on property that is supposed to be taking on urban growth. Mr. Finnie asked that the topic should be a priority for the January 13 meeting. Vote: motion carried 3-2, by voice vote, with Mr. Masci and Mr. Youse opposed. ORDINANCE 2820 AN ORDINANCE GRANTING PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET, ERECT, CONSTRUCT, SUPPORT, ATTACH, CONNECT AND STRETCH FACILITIES BETWEEN, MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN, UPON OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF ENERGY FOR POWER, HEAT, LIGHT AND ANY OTHER PURPOSE FOR WHICH ENERGY CAN BE USED; AND TO CHARGE AND COLLECT TOLLS, RATES AND COMPENSATION FOR SUCH ENERGY AND SUCH USES Mr. Timmons noted this is a first touch. He suggested that the council approve first reading and schedule a workshop for presentation and discussion of the franchise with the citizen franchise committee and city staff, and possibly representatives ofPSE. A summary document, prepared by the franchise committee, will be available the week of October 28. Don McDaniel, of Puget Sound Energy, gave a summary of the changes that have occurred over the past two years. He noted that PSE can no longer depend on the market place for most of its supply; they don't want to get into the spot market and can't rely on third party power. He stated that the company has a new CEO and a four point service plan consisting of aggressive energy conservation; acquisition of additional renewable resources as available; preservation of the legacy of hydro power; and acquisition and building of efficient thermal generation. He also stated that the rates in Port Townsend are among the lowest in the state; that PSE has set high standards for customer service; and that PSE is looking for a win/win situation with the city. Mr. McDaniel noted that PSE has made much capital investment in Port Townsend, and has supported the arts and local businesses. He added that the franchise agreement will City Council Business Meeting Page 4 October 21, 2002 not establish exclusive rights to sell energy here, just the right to continue to maintain the system and service Port Townsend customers. Dana Roberts (chair of the citizen franchise committee) stated that he would like to have some process for the City to grapple with outstanding issues. Mr. Timmons stated that some of the issues addressed by the committee were excellent but may not necessarily need to be addressed through the franchise agreement. Public comment: None. Motion: Mr. Masci moved for first reading of Ordinance 2820. Mr. Youse seconded Ms. Kolacy read the ordinance by title. Ms. Robinson expressed her preference for the workshop to take place before the council approves first reading. Vote: the motion carried, 4-1, by voice vote, with Ms. Robinson opposed Motion: Mr. Masci moved to schedule a workshop on the issue within 60 days. Ms. Sandoval seconded The motion carried unanimously, 5-0, by voice vote. UNFINISHED BUSINESS ORDINANCE 2818 AN ORDINANCE APPROPRIATING THE SUM OF $221,965 TO THE GENERAL FUND; $304 TO THE STREET FUND; $1,680 TO THE LODING TAX FUND; $74,777 TO THE CAPITAL IMPROVEMENT FUND; $1,018,072 TO WATER AND SEWER FUND; $44,683 TO THE STORMWATER FUND; $449,078 TO THE SOLID WASTE FUND; AND MAKING FINDINGS AND DECLARING AN EMERGENCY Mr. Timmons noted a public hearing was held at the last regular meeting and at that time the ordinance was discussed and the first reading approved. Public comment: none Motion: Ms. Robinson moved for approval of Ordinance 2818. Mr. Masci seconded The motion carried unanimously, 5-0, by roll call vote. RESOLUTION 02-049 A RESOLUTION FO THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, SUPPORTING/OPPOSING STATE INITIATIVE 776 City Council Business Meeting Page 5 October 21, 2002 RESOLUTION 02-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, SUPPORTING/OPPOSING STATE INITIATIVE 790 Mr. Timmons noted that for resolutions and information both in support and in opposition of the initiatives have been provided in the council packet Public comment Gloria Bram. Spoke in opposition to Council supporting or opposing state initiatives. Mr. Masci expressed concerns about the Council endorsing or opposing state initiatives. Ms. Robinson also expressed concerns about the Council taking positions on state initiatives although she does realize the impact they can have on city finances. She stated that is would be helpful to the public to understand the ramifications of the initiatives on the city budget. Ms. Sandoval supported a discussion of a general policy regarding whether or not the council will consider whether taking positions on state initiatives; however she suggested this be addressed at a future meeting so the public has fair notice. She added that initiatives affecting the state budget also impact the city budget. Mr. Youse stated it is good to inform the public of the local effect, but he would prefer the Council did not vote to take a position. Mr. Finnie said since the items were placed on the agenda, the Council owes it to the community to vote them up or down; he added that these initiatives do have significant impacts on the city. Motion: Mr. Masci moved that Resolution 02-049 and 02-050 be tabled indefinitely. Mr. Youse seconded Ms. Sandoval supported voting on the resolutions and postponing the policy discussion to a later date. Vote: the motion failed, 2-3, with Mr. Masci and Mr. Youse in favor. Motion: Ms. Sandoval moved to adopt Resolution 02-049 in opposition of state initiative 1-776. Ms. Robinson seconded The motion carried, 3-2, by voice vote, with Mr. Masci and Mr. Youse opposed Mr. Masci stated for the record that his vote in opposition does not imply he would have voted in favor of a motion to oppose the initiative, but reflects his feeling that it is not appropriate for the city council to support or oppose a state initiative. City Council Business Meeting Page 6 October 21, 2002 In regard to 1-790, Mr. Legarsky presented an analysis of the cost to the city should the initiative be successful. Public comment: Gloria Bram stated that the council should give the citizens information, but not an opinion on the merit of the initiative. Mr. Watts clarified that neither resolution presents the opinion of council on how citizens should vote, but simply takes a position as the goveming body of the city. Motion: Ms. Sandoval moved to adopt Resolution 02-050, opposing State Initiative 1- 790. Ms. Robinson seconded. Mr. Masci again stated that his vote will not indicate an endorsement of the initiative but rather the idea that the council should endorse or not endorse a state initiative. Vote: the motion carried 3-2, with Mr. Masci opposed and Mr. Youse abstaining from the vote. STANDING COMMITTEE REPORTS Ms. Sandoval called the council's attention to the draft noise ordinance distributed two weeks ago. She noted that the CD/LU Committee will forward the final draft with full presentation to come at a later date. She added that negotiations regarding the Memorandum of Agreement with the Port are currently in progress. Ms. Sandoval stated that parking issues will be discussed at the next Transportation Committee meeting on October 24. Mr. Finnie asked if there were consensus among the members present to schedule a discussion of the policy of whether or not the Council should take positions on state initiatives. No one objected to scheduling the discussion. ADJOURN There being no further business, the meeting was adjourned at 8:55 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 7 October 21, 2002