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HomeMy WebLinkAbout07012002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JULY 1, 2002 The City Council of the City of Port Townsend met in regular session this first day of July, 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, Kees Kolff, Geoff Masci, Catharine Robinson, and Alan Youse. Joe Finnie and Michelle Sandoval arrived late. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Kolff suggested that new business item 9(A), Resolution 02-031 regarding a Northwest Maritime Center grant be moved to the consent agenda. After inquiring whether there would be public comment and finding none, the item was moved. Mr. Masci reported that Mr. Finnie, who will arrive late, requested that discussion of the Glen Cove LAMIRD be taken up after the discussion of the capital construction bond under Unfinished Business. There was no objection. PRESIDING OFFICER'S REPORT Mayor Kolff commended Mr. Finnie for his leadership on the Higher Education Coordinating Committee. He noted that at the Regional Intergovernmental Officials meeting, Mr. Finnie had asked that each entity appoint a representative to the committee. He has proposed that Catharine Robinson represent the Council. Consensus: appoint Catharine Robinson as the Council's representative to the Higher Education Coordinating Committee. The mayor then thanked Public Works representatives Ken Clow, Bob LaCroix and Ian Jablonski for the excellent tour of the city's water system attended by several council members. Another issue discussed at the regional elected officials meeting was the county's process for designating industrial land banks. Consensus: county industrial land bank issue will be referred to the Community Development/Land Use Committee as a work plan item. City Council Business Meeting Page 1 July 1, 2002 CITY MANAGER'S REPORT Mr. Timmons apologized for the staff oversight which resulted in the lack of public notice for the June 24 negotiating team meeting. Mr. Timmons announced that PTTV will offer two channels at the beginning of August so that governmental and educational programming will be on one channel and public programming will have its own channel. Mr. Timmons updated the council on the contract for the new dispatch center which will be separate from the Sheriff's office; a final version should be done by the end of July. Ms. Sandoval arrived at 6:45 p.m. Mr. Timmons noted that the General Government Committee met and will suggest any revisions to the wastewater plan to bring forward for final approval by the city council. An ad hoc group studying traffic calming has been assigned to develop a response plan for neighborhood traffic calming concerns. Ms. Timmons also distributed information about the Northwest Canoe Journey. Port Townsend is the only non-tribal host site this year. About 400 tribe members in 15 canoes will arrive at the Northwest Maritime Center Landing on July 29 around 3 p.m. He asked that all Council members plan to be on hand that afternoon for the arrival and that more information will be forthcoming. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Ted Shoulberg: asked how the 2003 budget will show the loss of income due to the sale of the Tri Area water system.. (Mr. Timmons will provide answers). CONSENT AGENDA Motion: Mr. Masci moved to approve the following items on the Consent Agenda. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. Approval Of Bills, Claims and Warrants Vouchers82041 through 82181 and 82189 through 82191 and 82009 through 82384 in the amount of $704,836.08 Approval of Minutes Minutes: Regular Session of June 17, 2002 Approval of Resolutions City Council Business Meeting Page 2 July 1, 2002 RESOLUTION 02-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORITING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY TO PROVIDE THE CITY WITH STREET REPAIR SERVICES RESOLUTION 02-031 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING AND AUTHORIZING THE CITY MANAGER TO MAKE FORMAL APPLICATION TO THE WASHINGTON WILDLIFE AND RECREATION PROGRAM (WWRP) PROJECT TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC) AS PROVIDED IN CHAPTER 79A. 15 RCW, ACQUISITION OF HABITAT CONSERVATION AND OUTDOOR RECREATION LANDS, FOR THE NORTHWEST MARITIME CENTER UNFINISHED BUSINESS Cingular Telecommunications Wireless Lease Mr. Youse recused himself because of his employment with Qwest. Mr. Watts introduced the item, stating that the matter had come before the Council on June 17 and action was postponed at that time until July 1. He presented additional information about how the lease rate was set: he stated that further research has been done which shows that in comparison to other similar leases in the area, the proposed rate is well within and may be somewhat above the market average. Another question which came up at the June 17 meeting related to the term of the VoiceStream lease: the lease term began in November 1999, and is a five-year lease with one-year extension and agreement, without obligation, to negotiate additional extensions. Public Comment Ted Shoulberg asked how the lease rate was determined, if it is industry standard, and how long the negotiations took. Mr. Watts repeated that the lease rate was proposed by Cingular, then researched by the City and compared to other current or pending agreements which show that the rate is equal to or better than the comparison leases. He noted that the definition of industry standard depends on where the company seeks to locate a pole, and the rates would obviously be different in the I-5 corridor than the Olympic Peninsula. Motion: Mr. Masci moved to authorize the City Manager to execute a lease with Cingular Wireless for a ground lease and co-location of antennas at the City reservoir City Council Business Meeting Page 3 July 1, 2002 site near Hastings Street for a term not to exceed the term of the VoiceStream lease, at a rent of $6OO per month with cost of living, and other standard lease terms. Ms. Sandoval seconded The motion carried unanimously, 5-0, by voice vote (Mr. Youse recused). Mr. Youse returned to the Chambers. ORDINANCE 2812 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,865,000 TO FINANCE THE ACQUISITION AND RENOVATION OF A NEW CITY HALL AND VARIOUS CAPITAL IMPROVEMENTS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND AUTHORIZING THE SALE OF SUCH BONDS Mr. Timmons noted that the FY 2002 budget contains a proposed bond to fund completion of the proposed city hall annex which will replace the current leased space in the Waterman & Katz Building. The next phase will begin with the approval of financing terms as programmed in the 2002 budget; this action consists of the adoption of an ordinance issuing bonds in the name of the City. He added that the ordinance is proposed for first reading only. Mr. Timmons added that the Finance and Budget committee met with the Facilities Committee of the Jefferson County Historical Society (JCHS) to discuss coordination of plans and financing for the restoration of City Hall. There was general agreement that the Council may choose to include a portion of the initial cost of the restoration project (up to or through production of construction documents) as well as project management in the bond issue currently under consideration. Estimate for this portion of $600,000. The total of approximately 3.4 million dollars would be within the range of debt the City can incur without additional revenue sources. Mr. Timmons added that the City will take a hard look at the final design to determine the level of service which will be feasible. Seismic retrofitting can be very invasive to the look of the building. A low occupancy will provide less invasive seismic measures. Mr. Timmons stated that a citizen committee has spent several hours discussing the annex project. Consensus was that they did not like the parking lot but they were very receptive to the more spacious entry way and increase in public spaces within the building. Public comment Ted Shoulberg spoke in support of restoring City Hall as the seat of government. He stated that the move to Waterman & Katz allowed the restoration of that historic building but that the rental market has changed for large commercial space downtown. He suggested the City renegotiate for a lower lease payment rather than constructing a new building. City Council Business Meeting Page 4 July 1, 2002 Ms. Sandoval stated that construction of a new annex will give the city an asset; the annex will be part of a revitalization of this section of town. She stated that returning city offices to City Hall would probably destroy the beauty of the building because of the full seismic load and that the full seismic retrofit would add considerably to the cost of the restoration. She also favored joint management of the annex and City Hall projects. Ms. Fenn stated that acquiring an asset for the same amount of money we are now paying in lease payments makes fiscal sense. She supported the projects being linked. She noted the Finance/Budget Committee will be meeting and focusing on the subject July 10. She added that the fagade design is being carefully researched by the architects. She also noted that the references in the ordinance incorrectly refer to "acquisition and renovation of a new city hall" rather than "construction of a new city hall annex" and possibly "renovate our historic city hall." Mr. Finnie arrived at 7:35 p.m. Mr. Masci requested an accounting from JCHS for the $92,000 already provided to them by the city. Mr. Timmons referred to the feasibility study and noted that the total cost for City Hall has changed over the months. He added that the $92,000 funded the feasibility study, fund raising analysis and report. Mr. Youse stated that he favors a vote of the people for approving a level of financing for the City Hall restoration. Mr. Finnie stated it is important to maintain City Hall as a city asset. He added that the museum's ability to get funding depends on the city's willingness to support the project with funding as well. He stated that the Finance/Budget Committee is probably going to recommend a councilmanic bond combining the cost of the annex and the cost of taking the City Hall project through the construction document phase. The City's contribution to the remainder of City Hall funding would come from a proposal for a general obligation bond of about 2.1 million; this would allow the community to decide if they wish to support the project. Ms. Robinson stated the numbers are daunting but in principle agrees that both the annex and City Hall are assets of the city; the debt will continue for 20 years, but elected officials need to be thinking about a time period longer than that and that is where the restoration or preservation of City Hall comes in. She added that the projects of preserving and of restoring City Hall are different; she supports preservation and would love to restore the building but funding is definitely a challenge, particularly the funding after project management and construction documents. Mr. Kolff expressed his support for the annex project and some sort of restoration to preserve City Hall. He added he has examined the feasibility study and does not exactly City Council Business Meeting Page 5 July 1, 2002 understand what the city will get for $600,000. He stated the project has three potential areas: 1) preservation; 2) seismic (depending on use); 3) restoration of the building. Each may be done to varying degrees. He stated he doesn't think we have adequately looked at the options. Some of the items in the report may not be necessary for the use and preservation of City Hall. He believes that the City, as owner, needs to take full control over fund raising, planning and management of the restoration rather than trying to track the progress of JCHS. He asked that the City Manager prepare as soon as possible an outline of the 5.3 million dollar City Hall project and see how much of that money fits into each of the different categories. He also requested an accounting for the original $92,000 paid to JCHS and asked for specifics on what we would get for the $600,000 if added to the bond. Mr. Masci requested a copy of the JCHS feasibility study. Ms. Fenn requested that a copy be placed in the council office at City Hall. Mr. Finnie asked that the JCHS committee assist the City Manager in interpreting the feasibility study. Ms. Fenn said she has already made that request. Motion: Ms. Fenn moved for the first reading of Ordinance 2812. Ms. Robinson seconded The motion carried by voice vote, 6-1, with Mr. Masci opposed Motion: Ms. Sandoval moved to direct the City Manager to explore the possibility of adding a figure of $600, 000 to the councilmanic bond in order to proceed with the City Hall project in a manner to be determined later and pursuant to correction in the language of the ordinance to substitute 'renovate our historic City Hall and build a new City Hall annex" for "acquisition and renovation of a new city hall." Ms. Robinson seconded The motion carried 5-2, by voice vote, with Mr. Masci and Mr. Youse opposed RECESS At 8:15 p.m., Mayor Kolff called for a recess for the purpose of a break and informal reception celebrating the beginning of the second half of the year. He thanked councilors, staff and citizens and invited them to join the council for refreshments. RECONVENE The meeting was reconvened at 8:30 p.m. GLEN COVE LAMIRD Mr. Watts stated that a letter to the County Planning Commission regarding the Glen Cove UDC amendments has been drafted by the negotiating team and is before Council for discussion and possible action. He distributed a draft which corrected two typographical errors from the original. He added that because the Planning Commission City Council Business Meeting Page 6 July 1, 2002 will not take action on a recommendation until at least Julyl 0, the Council may schedule further discussions and take action on July 8. Ms. Robinson corrected an error on page 3 of the letter to the Planning Commission; to insert "not" in the third line from the bottom of #5: "GMA does to not require this analysis .... " Public Comment Janet Welch spoke in support of the effort to get the county to agree to a whole package; expressed concern that there are no assurances that this will be the final agreement which will remain unchanged by further agreements in the coming years. She does not trust any decision to provide certainty. She added she would like to have a vote of the people. Eric Frederickson distributed written comments. Stated he owns Frederickson Electric in Glen Cove and the property on which his business operates has been excluded from the LAMIRD boundary. He stated his understanding that this is a county issue but hopes that the council and commissioners will come to agreement. He said he bought the property when it was commercially zoned and it has been included in the commercial zone up until the most recent mapping. This time his piece was cut out but other parcels which have no infrastructure were placed within the boundary. He stated that the company may have provided such an effective buffer that no one realizes it is there. The exclusion of his property is not logical and not right; he asked that discussion be generated regarding the line adjustment. Jim Garrett stated he owns property inside the existing Glen Cove tight boundary. He spoke in support of the Glen Cove expansion and said that currently several businesses are operating in grandfathered status on currently residential-zoned lots. This means they cannot respond to their success by expanding. He said he know of at least four existing businesses in the area that own Glen Cove properties, two of which will build immediately if the LAMIRD is expanded. He added that all have streets and water adjacent. He said he supports some of the UDC changes suggested, particularly regarding buffers. He also said that if only residential development were allowed it would result in a tract development with perhaps a greater demand for infrastructure and services because of the density which would occur. Mr. Masci stated he does not endorse the position set forth in the draft letter and believes the matter should rest solely with the Board of County Commissioners. He listed other points of disagreement in the letter: Cannot support that County staff UDC proposal would not be GMA compliant if adopted. Does not believe a fiscal analysis is important from the City's perspective The boundary should not be linked to the other issues: Nielsen's other opinions are simply opinions until the court decides. Characterization of the Community Workshop is not valid: everyone who was there thought their own point of view was validated. City Council Business Meeting Page 7 July 1, 2002 Opposes the establishment of the boundaries as "final." Believe LAMIRD is inconsistent with GMA Believes we are overstepping our position, would like to back off and stop dictating to the county. Ms. Fenn stated that people are weary of the lack of certainly about zoning in Glen Cove and property owners want conclusions; she added it is a waste of taxpayer money trying to do things in Glen Cove that are against state law. She stated that legal resolution is the key and agreed that the City is advising the Commissioners and the decision is theirs. Miss Sandoval stated that this won't make everyone happy but encouraged an agreement that would allow expansion of boundaries to accommodate more light industrial land. She is in favor of a city/county compromise which will provide some level of security for potential business owners. Mr. Finnie stated that he believes the city does not have standing in the issue. He said we are in an "ask, not tell" situation with the county. He said that he has viewed the tape of the town meeting and saw a frustration with the process and a wish to put the process behind us. He cautioned about the effect on city resources which would result from a challenge to the Growth Management Hearings board. He said he cannot support the letter unless the language is changed to say the city acknowledges this is a right of the county, we are asking not telling and the view is from a majority of the council rather than the entire council. Ms. Robinson asked for clarification on the standing issue; she asked if the council can send a comment letter to the County Planning Commission before the comment period ends. (Mr. Watts confirmed). She added that she can support the letters with the changes suggested by Mr. Finnie. She stated her particular concern that the regular Comprehensive Plan Amendment process be followed rather than the fast track. She questions the legality of that process and noted that a fast track process is more likely to result in mistakes. Mr. Finnie apologized for not disclosing previously that he and Mr. Frederickson have a strategic alliance as Mr. Frederickson is a principle supplier of his company. Mr. Youse agreed that the city should try to influence the county on behalf of the business owners of Glen Cove. Mr. Kolff stated that he believes the council has the right and responsibility to comment on what they feel is in the best interests of the citizens of Port Townsend. He also has faith that the BOCC is doing what they think is in the best interests of their citizens. Sometimes the two interests will conflict. He added that he does not think it is an accident that Mr. Nielson included so many other parameters in his report because the LAMIRD process and boundary is tenuous; he was doing the citizens a favor by showing City Council Business Meeting Page 8 July 1, 2002 the way to get a viable LAMIRD that would have a greater likelihood of withstanding a challenge to the Hearings Board. He stated testimony from business owners has shown that the economics of the county would be better served if we could redefine the logical outer boundary and exchange undeveloped parcels for parcels currently supporting businesses. He asked that all members consider what changes in the letter would make it acceptable because the broader the support the better. Ms. Fenn suggested that an introductory paragraph be added which defines the letter in the spirit of"asking, not telling" and state that the issues in the letter are supported by a majority of the council. Consensus: a letter with the suggested changes will be considered at a special council meeting to be held after the workshop on duly 8. STANDING COMMITTEE REPORTS Ms. Sandoval reported that she attended the distressed county infrastructure funding committee this afternoon. The committee reviewed the county's proposed draft ordinance and will review again in two weeks. The committee suggested that the board consist of four elected officials from the various municipalities and three members of the public from each county district decided upon jointly among the representatives. NEXT AGENDA On July 8, the council will meet for a workshop on the Behavioral Risk Factor Surveillance System (BRFSS) report. In addition, the changes to the LAMIRD letter will be finalized. Staff will present more material on the bonding ordinance and the budget for City Hall. ADJOURN There being no further business, the meeting was adjoumed at 9:40 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 9 July 1, 2002