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HomeMy WebLinkAbout08192002MINUTES OF THE REGULAR SESSION OF AUGUST 19, 2002 The City Council of the City of Port Townsend met in regular session this nineteenth day of August 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, and Michelle Sandoval. Mr. Youse notified the City Clerk he would arrive late. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, Finance Director Michael Legarsky, and City Clerk Pam Kolacy CHANGESTOTHEAGENDA Mr. Masci stated that several veterans present have requested to address the council prior to any business discussions. He suggested that general public comment be taken immediately after discussion of changes to the agenda. There were no objections. PUBLIC COMMENT Dave Richmond: spoke in opposition to a proclamation containing an apology for the bombing of Japan in World War II. Byron Ruby: spoke in opposition to an "apology" proclamation, and stated the council should not presume to act in this matter on behalf of the citizens. Philip Alfano: spoke in opposition to an apology, stated that no one is proposing an apology to those who lost their lives at the hand of the enemy. Bryn Armstrong: spoke in opposition to a political statement on nuclear weapons as part of the sister city visit. Leola Armstrong: asked that the Council give no consideration to the request to send a proclamation regarding nuclear weapons to Japan with the Deputy Mayor. She has no objection to eliminating nuclear weapons, but stated it is more appropriate to direct such a document to the United States government than the Japanese government. Adam Grykowski: spoke against the council adopting a proclamation regarding nuclear amis Michael Hyland: spoke in favor of a noise ordinance; objects to skateboard park on a vacated street near his property; urged establishment of affordable housing task force; questioned tree cutting being a higher priority than low income housing, using example City Council Business Meeting Page 1 August 19, 2002 the preservation of 35th Street Park as open space rather than entertaining the request to establish affordable housing there. Peter Jewell: spoke in opposition to a nuclear weapons proclamation. Ted Shoulberg: stated the City Hall Advisory task force is a good public debate on design alternatives but need more public debate. Stated that the design process should be complete before financing decision is made. PRESIDING OFFICER'S REPORT Mayor Kolffnoted that a letter has been received from the BOCC asking the city to designate members of the Park and Recreation Advisory Board to work with the County advisory group to discuss alternative funding of parks and recreation services. He added that this collaboration has already begun and is being handled by the City Park & Recreation Advisory Board. A letter has also been received from the BOCC noting that the composition of the Conservation Futures Advisory Committee has been changed and that elected officials have been phased out as members. Barbara McColgan Pastore, chair of the Port Townsend Park & Recreation Advisory Committee, has expressed interest and willingness to serve. Consensus: appoint Barbara McColgan Pastore as the city's representative to the Jefferson County Conservation Futures Advisory Committee to replace Joe Finnie. Ms. Fenn noted that she would have preferred more time so that a thorough recruitment process could have been done which would have allowed other citizens to apply. Mayor Kolff stated that he and Mr. Masci had discussed rescheduling the General Government Committee meeting. Mr. Masci stated the meeting would be rescheduled to Thursday, Sept. 12 at 6 p.m. An intergovernmental elected officials meeting is scheduled for September 18. Topics for discussion suggested included telecommunications issues (fiber optics and telecommunications improvement); Hood Canal Bridge closure and what sort of support each entity is prepared to provide during the closure. Ms. Fenn suggested a general discussion of pros and cons of independent taxing districts be held by the council prior to that topic being discussed by the intergovernmental group. Mr. Finnie stated he will not be able to attend the meeting. It was agreed that the question 0ftaxing districts would be put on the council discussion/workshop list prior to suggesting it as an intergovernment discussion topic. City Council Business Meeting Page 2 August 19, 2002 Mr. Timmons and Mayor Kolff will look at the time frame and work plan to see where a workshop on taxing districts can be inserted. The topic is so broad the initial workshop may be specific only to park and recreation. CITY MANAGER'S REPORT Mr. Timmons stated that the Association of Washington Cities has asked for notification of any special events planned in honor of the anniversary of September 11. He asked that anyone who is aware of such an event in our community to share that information with the City Manger or City Clerk now. He encouraged the council members to attend the 2002 AWC regional meetings. Mr. Timmons reported on the ranking of various city-related projects in their pursuit of grant funding. The skate park and the Maritime Center are both in good position to receive funding from the legislature. Communication has been received from the BOCC suggested a rollover in the existing intergovernmental contracts but opening the issue of city funding for Washington State University extension and health services. Mr. Timmons reported that the meetings with Congressman Norm Dicks had gone well, and very positive response was received regarding support for funding for restoration of City Hall. STATE REFERENDUM 51 Information was distributed on state referendum 51 regarding financing transportation improvements. Mr. Timmons noted that a sample resolution has been received from AWC and that their representatives are available to assist cities in crafting more specific resolutions if they wish. Consensus: place discussion and possible action regarding Referendum 51 on the agenda for the regular business-meeting of September 16. PUBLIC HEARING ORDINANCE 2815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 2799 INTERIM STANDARDS FOR TREE CLEARING AND PLANTING, AND MODIFYING THE EXISTING ORDINANCE TO EXEMPT DEVELOPED COMMERCIAL, INDUSTRIAL AND MULTIFAMILY SITES (UNLESS A LANDSCAPE PLAN APPLIES AS A CONDITION OF DEVELOPMENT City Council Business Meeting Page 3 August 19, 2002 APPROVAL), AND DEVELOPED PROPERTIES UNDER 20,000 SQUARE FEET, AND PROVIDING FOR SEVERABILITY The Mayor opened the public hearing. He asked if any council members had any interests, financial or property, to disclose in connection with this matter. There were none. He called on Jeff Randall, Building and Community Development Director, for the staff report. Mr. Randall noted that the citizen committee has been working hard but the project is taking longer than anticipated because of the complexity of the Forest Practice Act Program. The technical nature of the regulations means that more effort must be made to roll the provisions into the city ordinance. He added that the committee has finished the data gathering phase and is now working on the actual development of the ordinance. He added that the committee has identified the basic issue as the speculative logging of land; research has shown that on the whole, the tree canopy of the city has increased over time. Although trees are removed, more are planted and this indicates that regulation is not needed for the average homeowner but that the primary concern is undeveloped property where there is no proposal for development. The suggested exemptions were developed by the committee based upon their research and discussions to date. Public Testimony and Comment There were no written materials submitted to the City Clerk prior to the meeting. There was no one present who wished to comment. Questions and Answers Ms. Fenn asked about the motivation behind the additional language on page 7 exempting aquifer recharge or frequently flooded areas from being considered as environmentally sensitive areas for the purposes of the ordinance. Mr. Randall replied that this definition must be read in conjunction with the exemption on page 8 regarding removal of trees. He noted that about half the town is an aquifer recharge area which typically needs to be protected from things like petroleum storage. Frequently flooded areas are few and they are tidal, not from streams or rivers. Ms. Sandoval asked why the exemption goes up to 20,000 square feet since 5,000 square feet is a buildable lot. City Council Business Meeting Page 4 August 19, 2002 Mr. Randall replied that 10,000 square foot lots are common and that the one house on 20,000 square feet was chosen as a maximum because there are a number of single family homes on that size lot. Ms. Robinson expressed concem that citizens may not be confused about whether or not they are exempt from the regulations if they change every six months. Mr. Randall replied that the interim ordinance has raised awareness of the issue and most people will call BCD for information. Mr. Youse arrived at 7:45 p.m. Council Discussion Ms. Fenn stated she has several issues with the proposed amendments and would prefer to simply extend the ordinance for six months and deal with changes at that time. She added this would save time from debating now and again in six months. Ms. Robinson added her preference is also to wait until the work is completed to make any changes to the ordinance. Ms. Sandoval expressed disappointment that the citizen committee has not reported to the Community Development/Land Use Committee. Mr. Finnie spoke in opposition to the ordinance but recognized the work done by the committee in terms of respecting property rights of residential owners. He added he does not believe there is a demonstrable problem and that the only regulation needed would relate to compliance with the Forest Practices Act. Motion: Ms. Fenn moved to waive council rules requiring a first reading and to adopt Ordinance 2815, extending effectiveness of Ordinance 2 799for six months without the suggested modifications to the text. The motion failed on a 4-3 vote, with Finnie, Masci and Youse opposed [Waiver of council rules requires a 2/3 majority.] Mr. Watts confirmed that delay in passage of the ordinance would result in a gap in application of the law. Motion: Ms. Robinson moved for the first reading of Ordinance 2815, to extend Ordinance 2799for a period of six months. Ms. Sandoval seconded Mr. Masci spoke in opposition, noted that there has been great cost to the city in staff and citizen time and that the ordinance would only increase bureaucratization and burden citizens with more regulation. Vote: the motion carried 4-3, by voice vote, with Finnie, Masci and Youse opposed The public hearing was concluded at 8:10 p.m. City Council Business Meeting Page 5 August 19, 2002 RECESS The Mayor stated the meeting would be recessed for a ten minute break. RECONVENE The meeting was reconvened at 8:20 p.m. It was noted that short of a consensus to recess, a proposed motion would be in order. Mr. Masci had attempted to make a motion for adoption of the consent agenda prior to the recess. CONSENT AGENDA Motion: Mr. Masci moved to waive council rules requiring two readings of ordinances, and adopt the consent agenda. Mr. Youse seconded The motion failed, 3-4, with Fenn, Kolff, Robinson and Sandoval opposed Motion: Ms. Fenn moved to adopt the following items on the consent agenda (with removal of Item D, Ordinance 2816). Mr. Finnie seconded The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 82578 - 82832; 82842 - 82980; 82987; 83006 - 83008 in the amount of $680,299.41 Approval of Minutes Regular Session of August 5, 2002 Special Session of August 12, 2002 Approval of the following Action Authorize the City Manager to execute a contract with Fire District #6 at a contract rate of $65, O00 per year effective July 1, 2002. Approval of Resolution RESOLUTION 02-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING LATECOMER UTILITY CONTRACTS PURSUANT TO RCW CHAPTER 35.91 AND PTMC CHAPTER 13.28 (JAY BREVIK) UNFINISHED BUSINESS BOND FINANCING FOR CITY HALL ANNEX AND CITY HALL RESTORATION City Council Business Meeting Page 6 August 19, 2002 Finance Director Michael Legarsky summarized his memo of August 14 from the council packet, listing the various options for bonding and the feasibility of the various options and answering questions posed by the council during prior discussions. He introduced Jim Nelson, the city's bond counsel, who was on hand to answer questions as well. Mr. Legarsky summarized his recommendation that the City Council authorize a $3.4 million bond for a term of 20 years utilizing a uniform repayment structure with a 10- year call provision. He noted that interest rates are at an historic low which will provide more cash for project costs. A single bond issue will save cash on reduced issuance costs and anticipated future interest rate increases. The uniform option allows the city to better manage its cash flow during the early years of the debt issue and the city's Comprehensive Plan calls for some R.E.E.T. taxes to be used for city hall projects. Councilors asked questions relating to the basis for city revenue increases, the value of the future bond payments in present value dollars, the effect of early repayment and further detail on the REET funds. Mr. Nelson spoke about marketing the bond in the community and the features of a bond issue which make it most attractive to investors. He provided two handouts: "Discussion on Bond Funding" and "Draft Preliminary Official Statement." Mr. Nelson will gather information on the cost savings of non-callable bonds and report back to the Finance Director. Mayor Kolff noted that the language of the proposed display advertisement should be changed to correctly identify the project as building a City Hall Annex and remodeling City Hall. Public comment: Ted Shoulberg commented on the need to slow the process down and provide more opportunity for dialogue with the public. Motion: Ms. Fenn moved to authorize a 20-year councilmanic bond for $3.4 million utilizing a uniform debt structure with a ten year call provision. Mr. Finnie seconded. Mr. Masci spoke against the motion, noting parking issues must be resolved, Fire and Police needs must be met and design must be further along before a decision is made. He cautioned against linking the two projects and providing a blank check for restoration of City Hall. Ms. Sandoval noted that there has been much discussion, the council has made certain commitments and needs to give a sign that they wish to see City Hall restored; she added that adoption of the ordinance would show they are willing to continue down the road. Mr. Finnie stated that the maintenance of City Hall has been deferred far too long and further deferral will simply multiply the cost of the project. City Council Business Meeting Page 7 August 19, 2002 Ms. Robinson added that she would prefer the option of going through a budget process first, but feels strongly that there is a need to act on saving the City Hall building. Mr. Youse spoke against the motion, stating he is not convinced that city offices belong downtown and that general issues like parking have not been adequately addressed in conjunction with the project. Ms. Fenn spoke in favor, noting she has been committed to the restoration of City Hall for many years. She added that the process as designed has good check points and is fair to voters. Mayor Kolff stated that he will support the motion, and believes there are enough check points and flexibility built into the process. Motion: Mayor Kolff proposed to amend the motion by eliminating the ten year call provision until the council has further information. Ms. Sandoval seconded The motion failed, 5-2, with Kolff and Sandoval in favor. Vote on the main motion: motion carried 5-1, with ¥ouse opposed and Masci abstaining. Mr. Finnie left the meeting at 10:00 p.m. GLEN COVE LAMIRD Mr. Watts presented the Glen Cove negotiating team's suggested draft letter to the Board of County Commissioners containing comments on the proposed revisions to the Glen Cove LAMIRD boundary and County Unified Development Code. Ms. Fenn stated that the letter is presented for review and recommended that the matter be taken up for action at the first business meeting in September after councilors have had sufficient time to review the material. Mr. Masci stated he had several issues with the document, including a desire to have "the majority of the council" inserted rather than "we" which implied the entire council; he contended that the council had reached consensus on a recommendation that the Frederickson and Timbercraft properties should be included in the LAMIRD and does not want this support conditioned; he also stated that he objects to the council commenting on UDC issues since they are within the county's purview. He stated he thoroughly disagrees in premise and principle with the content of the letter. Ms. Sandoval stated that the prior council vote was solely regarding the previous letter sent to the BOCC, not a vote on suggested boundaries per se; she stated no vote was taken on inclusion or exclusion of the Frederickson or Timbercraft parcels. City Council Business Meeting Page 8 August 19, 2002 Motion: Ms. Fenn moved that the letter be brought forward for discussion and action at the first business meeting in September. The motion carried, 4-Z by voice vote, with Masci and Youse opposed ORDINANCE NO. 2816 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CI-~PTER 13.04, UTILITY LATECOMER AGREEMENTS, SECTION 13.04.070, WRITTEN AGREEMENT- PAYMENT OF CITY COSTS IN EXCESS OF APPLICATION FEE TO ALLOW THE CITY MANAGER TO SIGN LATECOMER AG~EMENTS Mr. Timmons stated that passage of the ordinance is not urgent and suggested that the first reading be done and discussion and action scheduled for the next council business meeting. Motion: Mr. Masci moved for first reading of Ordinance No. 2816. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. (Mr. Finnie having left the meeting). COMMENTS FROM THE COUNCIL Ms. Sandoval asked that a meeting be scheduled for legislative discussion regarding council priorities and communication protocol, particularly regarding how citizen letters are dealt with and how notice and communications are set up among the council, council committees, and citizen boards and task forces. Mayor Kolff stated that a draft schedule of meetings through the end of the year proposed by the Mayor and City Manager is being reviewed by council committees and will be distributed with the next council packet for discussion. ADJOURN There being no further business, the meeting was adjourned at 10:20 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 9 August 19, 2002