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HomeMy WebLinkAbout02172004CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 17, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this seventeenth day of February, 2004, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Ms. Medlicott requested that items C and D (22aa & Wilson Street Vacation and Resolution 04-005, loan funding for Transportation Plan) be removed from the Consent Agenda. The items were placed under Unfinished Business. Mr. Masci requested that VIII.A (Ordinance 2851, Water and Sewer Rate Increase) be placed after IX A (Ordinance 2852, Revision to Utility Credit Program). PRESIDING OFFICERS REPORT Council Committee Meetings Mayor Robinson announced that brief initial meetings of the Council standing committees have been set prior to the Council workshop on February 23. The purpose of the meetings will be to elect a chair, designate a representative to the Transportation Committee, suggest a standard meeting time, and review unfinished work plan items. Planning Commission Appointments Motion: Ms. Fenn moved to approve the following appointments to the Planning Commission. Ms. Medlicott seconded The motion carried, 6-0, by voice vote (Mr. Masci was not present for the vote). Liesl Slabaugh (Position 4, term expires 12/31/07) City Council Business Meeting Page 1 February 17, 2004 Steven Emery (Position 9, term expires 12/31/06) Ad hoc Committee Assignments Mayor Robinson referred to a list of assignments distributed with the Council packet. Ms. Medlicott stated she would not support the assignments because of her belief that the Fort Worden Advisory Committee should have a staff person rather than elected official attend as the city representative. Motion: Mr. Kolff moved to accept the Mayor's recommendations for ad hoc committee assignments as presented, with the additional assignment of Ms. Sandoval to the North Olympic Peninsula Resource & Development and the Peninsula Development committees. Ms. Sandoval seconded Motion carried, 6-1, by voice vote, with Medlicott opposed CITY MANAGER'S REPORT Mr. Timmons stated that Jim Harris, the consultant who is working on the BCD/PW organizational study, has completed interviews and is in the process of preparing a summation. At this time, the estimated date of completion is April 22. Council will receive a report and a list of all who participated in the interviews. The non-motorized trail map is complete and going to the printer, it is hoped it will be available in March for distribution and sale. The skate park went before the Hearings Examiner and positive findings were issued for the shoreline permit. After the mandatory appeal period, the project will be forwarded to the State Department of Ecology for review. Mr. Timmons replied to a letter from Mr. Early regarding extension of the golf course lease, saying it may be premature to consider now according to the master plan process. A letter was also sent to the Port in reply to their request to consider a property exchange involving Kah Tai Park and the Golf Course, stating that the city feels a discussion at this time would be premature. COMMENTS FROM THE PUBLIC (Consent and non-agenda items) Barbara McColgan Pastore: presented a memo from the Park & Recreation Advisory Board outlining the priorities established at the Board retreat. Ted Shoulberg: commented on proposal to sell wholesale water to the PUD. He stated water should not be sold until the city has assurances they have what they need to protect the rest of the County. He also stated that the PUD tax on city residents is unfair and unethical and should at least be designated for city projects. City Council Business Meeting Page 2 February 17, 2004 CONSENT AGENDA Mr. Masci moved for approval of the following items on the consent agenda. Mr. Kolff seconded The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 88869 through 89033 in the amount of $504,071.35 Vouchers 25041 through 205049 in the amount of $72,112.17 Vouchers 2050410 through 2050411 in the amount of $67.95 Approval of Minutes of February 2, 2004 NEW BUSINESS ORDINANCE 2852 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE CITY'S UTILITY CREDIT PROGRAM, AND PROVIDING AN INCREASE IN RATES TO COMPENSATE FOR CHANGES TO THE CREDIT PROGRAM, AND PROVIDING AN EFFECTIVE DATE City Attomey Watts presented the information from the council packet regarding revisions to the utility credit program to offset impacts of the rate increase and/or increasing the number of eligible participants. He noted that the draft ordinance provides for several options involving either an increased credit and/or modification to eligibility requirements. In response to questions regarding figures which represent the various levels of poverty, Finance Director Legarsky noted that the 2004 federal poverty level table figures were in the previous council packet; the city code is tied to the federal poverty level which is changed annually. Mr. Timmons stated that we have no way of knowing exactly how many people in the city will be eligible for assistance. Public comment Ted Shoulberg commented these issues should have been included in the rate study. Mr. Timmons noted that the consultants have produced a model, which can be mn in house with different assumptions and adjustments. Mr. Timmons clarified that the low-income credit is a completely different category from low income disabled, etc. He also confirmed that the ramifications to other ratepayers would play out in 2005 rather than 2004. With the current assumptions regarding number of eligible citizens, the cost of service to be shared among other ratepayers would be about $78,000, City Council Business Meeting Page 3 February 17, 2004 Ms. Sandoval asked when system development charges would be factored in. Mr. Timmons replied this would be done in the next phase, which is the cost of service analysis. Mr. Legarsky noted that the last time an analysis was done, about 115 families were eligible for the low-income credit and the cost to the utility was approximately $76,000 per year. He added that the City still had the Tri-Area Water System at that time. Motion: Mr. Masci moved for first reading of Ordinance 2852 with the adoption of Option 2 at a level of 125% offederal poverty guidelines as the criteria for discounted classes. Mr. Kolff seconded. Ms. Medlicott stated she is not comfortable with raising the eligibility level to 125% of the federal index; she would prefer to index directly to the schedule. Vote: The motion carried, 6-1, by voice vote, with Medlicott opposed. ORDINANCE 2851 AN ORDINANCE AMENDING RATES FOR WATER SERVICE AND SEWER SERVICE SET FORTH IN TITLE 13, SECTIONS 13.05.030 AND 13.05.040 OF THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE City Manager Timmons presented the ordinance. First reading was approved by the Council on February 2, 2004. He stated that the rate increase will enable the City to build up it reserves within two years; that period will also be used for the second phase of the rate study which will take into consideration other capital projects on the horizon. In response to a question from Mr. Masci, Mr. Timmons stated that most of the long-term capital projects have been implemented in the plan except the sewer line from San Juan to the treatment plant and the outfall improvements. Public Works Director Ken Clow stated that technology is evolving quickly, and the longer we are able to delay, the better it will be for addressing secondary disinfection of the water. Filtration is an issue independent of that, and will be driven by the state on how the system is operated and by natural circumstances in terms of conditions in the watershed. These could be manifested in terms of health issues in town related to untreated water or a forest fire in the watershed. We are currently awaiting the final rules from the state. Mr. Timmons noted that the staff report did not include a study of filtration as an option. The first two years are a course correction, but more answers are needed before banking money for future projects. Public comment City Council Business Meeting Page 4 February 17, 2004 Ted Shoulberg provided a written copy of his comments, which discussed the impact of the sale of the Tri-Area water system and subsidizing the general fund with utility fund money. He is opposed to the raise in rates. Ms. Fenn stated she believes staff's recommendation for a 10% increase is modest, considering the information presented to the Council; some cities are raising rates by 100%. She stated that she is more inclined to adopt a six-year rate structure, but will support the ordinance as written. Ms. Sandoval stated that the councilors had discussed the effect of the Tri-Area transfer with the rate study consultants. She added the council does not have the luxury of pointing fingers at past councils but must take up the decision at this point in regard to long-neglected infrastructure. Mr. Masci stated that the city was facing necessary future improvements for the Tri-area system which meant city funds would pay for non-city capital improvements. He added that the mill is the biggest user of water and if they were required to pay for their usage, it would be an income of two million dollars per year. Mr. Masci then stated in regard to the previous ordinance, that if 125% of the poverty level falls below the $18,000 threshold it may constrain eligibility requirements. This information should be provided before final vote on Ordinance 2852. Ms. Sandoval and Mrs. Medlicott both raised questions regarding incentives for water conservation. Mr. Timmons noted that after the base rate, charges are based on consumption. He also noted there are conservation models which can be looked at. Mr. Benskin asked if something could be done about the disproportionate sewer charge during the summer since sewer rates are tied to water usage. Motion: Mr. Kolff moved to adopt Ordinance 2851 with all the recommendations contained in section 7 (A). Ms. Sandoval seconded. The motion carried, 6-1, by roll call vote, with Masci opposed Ms. Robinson noted it is difficult to raise rates and that she was in favor of the normalized schedule; she added it is unfortunate all the information is not available at this time. She said it is prudent to use the two years and look again to see if a course correction is needed. Motion: Mr. Kolff moved to task the City Manager to complete the cost of service analyis; review options concerning implementation of a wholesale water rate as a part of the utility plan update; seek grants-in-aid to reduce a debt burden of the utilities; review SDC calculations to include a future facilities cost component and update SDCs; and to City Council Business Meeting Page 5 February 17, 2004 execute necessary agreements concerning the above. Ms. Fenn seconded carried 5-2, by voice vote, with Masci and Benskin opposed RECESS At 8:20 p.m., Mayor Robinson declared a recess for the purpose ora break. RECONVENE The motion The meeting was reconvened at 8:35 p.m. 22~° AND WILSON STREET VACATION - APPROVAL OF VALUATION The item was pulled from the consent agenda. Ms. Medlicott asked for details on the issue. Mr. Watts stated the compensation will be received by the City and pursuant to state law, will be placed in the street fund with a portion earmarked for transportation improvements. Motion: Mr. Kolff moved to approve the compensation based on the appraisal by Ralph Erickson for the street vacation approved by Ordinance 2850. Mr. Benskin seconded The motion carried unanimously, 7-0, by voice vote. RESOLUTION 04-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN A LOAN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT FOR THE COMPLETION OF A TRANSPORTATION PLAN The item was removed from the consent agenda. Mr. Timmons explained that during the budget process last year, the council expressed a desire to expedite the completion of the Transportation Plan. In answer to a question from Ms. Sandoval, he added that stormwater would be a component since the transportation system is part of the stormwater system. Repayment will be in five equal payments of $25,000 per year with no interest. He added that completing a Transportation Plan would help the city compete for transportation funding. Public Comment: none Motion: Mr. Kolff moved for adoption of Resolution 04-005. Ms. Fenn seconded The motion carried unanimously, 7-0, by voice vote. RESOLUTION NO. 04-006 City Council Business Meeting Page 6 February 17, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING THE CITY MANAGER TO SIGN NECESSARY AGREEMENTS WITH KITSAP FIRE DISTRICT 10 AND DAN SMITH FOR INTERIM FIRE CHIEF SERVICES Mr. Timmons stated that Dan Smith, Assistant Fire Chief of Kitsap Fire District No. 10, has accepted an offer to act as interim fire chief between the time Chief Edwards leaves and a new chief is appointed. Mr. Timmons noted the agreement would provide services for about 30 hours per week through July. Public comment: none Motion: Mr. Masci moved for adoption of Resolution 04-006. Ms. Fenn seconded. The motion carried unanimously, 7-0, by voice vote. RESOLUTION 04-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS WITH JEFFERSON COUNTY PROVIDING FOR THE TRANSFER TO THE CITY OF REAL PROPERTY IN THE VICINITY OF KAH TAI LAGOON, AND ONE DOWNTOWN PARCEL Mr. Timmons noted that the transfer of these properties would allow the City to increase its ownership of property in the Kah Tai area and better enable the City to protect the lagoon and assemble property for an improved park; the funding would come from the stormwater utility fund and be part of a supplemental budget. He noted there is confusion about one parcel and this will be researched prior to the transfer. Mr. Masci asked whether Brownfield liability would be an issue with the underwater lots, which have been shown to contain some contaminated material. Mr. Benskin stated that it would only be an issue if the land were disturbed. Ms. Medlicott expressed concern about paying $25,000 to transfer the property since nothing can be done with it due to the contamination. Mr. Timmons replied that some of the lots are developable parcels and that stormwater detention is another function of the property. Public comment The following all spoke in favor of the property transfer. Rosemary Sikes City Council Business Meeting Page 7 February 17, 2004 Barbara McColgan Pastore Forest Shomer Ron Sikes Virginia Jennings Jim Todd Dana Roberts Motion: Mr. Kolff moved for adoption of Resolution 04-007, with the revised map as presented this evening, which includes another $12, O00 parcel. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE NO. 2853 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 2.73 RELATING TO THE DESIGN REVIEW ADVISORY COMMITTEEE City Attorney Watts stated that the item before council includes an ordinance which removes provisions relating to membership composition and terms of the Design Review Advisory Committee from the Port Townsend Municipal Code and establishes those matters by Resolution, consistent with the process for other citizen boards and commissions. He characterized the process as a housekeeping measure. Public comment: none Motion: Mr. Masci moved to waive council rules in order to vote on the ordinance this evening. Mr. Kolff seconded. The motion carried unanimously, 7-0, by voice vote. Motion: Mr. Kolff moved for adoption of Ordinance 2853. Mr. Masci seconded. Motion to amend: Mr. Masci proposed the following amendment to the ordinance: in 2. 73.060 (3.) strike "according great weight to the comments and recommendations." The motion to amend carried, 4-3, with Robinson, Fenn and Sandoval opposed. Vote on adoption of ordinance as amende& motion carried unanimously, 7-0, by roll call vote. RESOLUTION 04-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON PROVIDING COMPOSITION, TERMS OF OFFICE, AND PROCEDURAL RULES FOR THE DESIGN REVIEW ADVISORY COMMITTEE Motion: Mr. Masci moved for adoption of Resolution 04-008, with the following amendment: Section 3 A. Third sentence, change "shall" to "may" and change City Council Business Meeting Page 8 February 17, 2004 exception to residency requirement for a maximum of one rather than two. Mr. Benskin seconded The motion carried unanimously, 7-0, by voice vote. Motion: Mr. Masci moved for approval of the following appointments to the committee as recommended by Mayor Robinson. Mr. Kolff seconded The motion carried unanimously, 7-0, by voice vote. Richard Berg, Position 1, term expires May 1, 2007 Gary W. Kennedy, Position 2, term expires May 1, 2007 Ken McBride, Position 3, term expires May 1, 2006 lan Keith, Position 4, term expires May 1, 2006 Guy Hupy, Position 5, term expires May 1, 2005 PURCHASE OF REAL PROPERTY (32Nr> AND MCCLELLAN STREETS) NEAR 35TM STREET PARK City Manager Timmons introduced the item. He noted that purchase of the lot would increase assemblage of City property in the 35th Street Park area for future park purposes and also will help protect the adjacent wetland by precluding development in the wetland buffer. It is suggested that the income from the parcel of property adjacent to McGarragh Park could offset the purchase and enhance a park elsewhere by this acquisition. Public comment: Barbara McColgan Pastore spoke in favor of the purchase, noting the purchase makes good sense now before population pressures make the prices rises and that the property will help with park management and design. Motion: Mr. Kolff moved to authorize the City Manager to execute necessary documents for the purchase of a lot at 32na and McClellan for $5,000. Ms. Fenn seconded The motion carried unanimously, 7-0, by voice vote. RESOLUTION 04-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AMENDING RESOLUTION 01-014, RELATING TO MEMBERSHIP AND TERMS OF OFFICE FOR THE LODGING TAX ADVISORY COMMITTEE APPOINTMENTS TO LTAC COMMITTEE City Attomey Watts presented the item. He noted that since the existing membership roster of LTAC has not been officially approved by Council action, the appointments would confirm the existing membership roster as interim appointments, with term appointments to be filled at the time of regular appointments commencing in May. City Council Business Meeting Page 9 February 17, 2004 The Resolution provides for staggered terms and for an appointment to be either a named person of an entity or organization with the named person authorized to designate an alternate or may be a person named by an entity or organization. Public comment: none Ms. Medlicott, newly named chair of the Committee, shared the committee's comments and read a letter of resignation from Dr. Bill Medlicott. She noted that although the City Attorney has stated there would be no appearance of fairness or conflict of interest issues posed by both remaining on the Committee, Dr. Medlicott has chosen to resign. Motion: Mr. Kolff moved to approve the following interim appointments to the Lodging Tax Advisory Committee, including Dr. Medlicott as an interim appointee. Ms. Medlicott seconded The motion carried unanimously, 7-0, by voice vote. Position Laurie Medlicott Barry Anderson Bill Medlicott Kendra Golden Tim Caldwell Mari Mullen VA CANT Steve Shively Carol McGough Cliff Carpenter John Eissinger Elected Official At Large At Large Recipient Recipient Recipient Recipient Collector Collector Collector Collector Motion: Ms. Medlicott moved for adoption of Resolution 04-009. Mr. Masci seconded The motion carried unanimously, 7-0, by voice vote. COUNCIL RULES AMENDMENT Mr. Watts outlined the proposed changes to council rules which are based on comment and discussion at the Council retreat. Changes proposed to Rule 3.3 affect the order of the agenda for business meetings and address public, staff, and council comments. New rule 3.14 provides guidelines for processing new matters brought to the Council from various sources. Mr. Kolff asked what the driver was for making the distinction between "new" business and "special" business. Mr. Timmons stated it is a way of managing the agenda. Mayor Robinson stated that if new business items entail much discussion, the format would make it easier to concentrate on those items without having to deal with the standard reports, etc. during the same meeting. City Council Business Meeting Page 10 February 17, 2004 Public comment: none In regard to new rule 3.14, Ms. Sandoval stated that paragraph "c" should include items brought forward from council committees. She also stated that the bulleted items in "d" should include other types of quality items like instituting goals and policies of certain plans - broader issues should be weighed besides time and cost involved. Another possibility would be to add, "including but not limited to" or add, "implementing the Comprehensive Plan or other work plans already approved." Mayor Robinson stated that the system is to manage suggestions that are not necessarily part of existing plans, just ideas people have or individuals see the need for; them are other avenues for dealing with implementation of city plans. Mr. Masci suggested that the fourth sentence in 3.3(0 beginning "The Mayor may recognize any Councilor... "be struck. He suggested that in 3.14 (e) a super majority be required to approve a motion to extend time limits. Mr. Masci stated that council committees are not intended to generate new ideas and therefore should not be included in 3.14. Motion: Mr. Masci moved to revise City Council Rule 3.3 as set forth in the proposal dated 02/06/04 with the previously suggested change to '~'. Ms. Medlicott seconded Mr. Kolff stated he thought the wording is appropriate as it specifically spells out what the process will be. Mr. Masci withdrew the amended part of the motion. Motion now to revise City Council Rule 3. 3 as set forth in the proposal. Motion: Ms. Sandoval moved to postpone discussion of Rule 3.3. Ms. Fenn seconded The motion failed 3-4, with Masci, Robinson, Medlicott and Benskin opposed Vote on motion to revise City Council Rule 3.3: motion carried 4-3, by voice vote, Fenn, Kolff and Sandoval opposed Motion: Mr. Masci moved to postpone discussion of proposed Council Rule 3.14. Ms. Sandoval seconded The motion carried unanimously, 7-0, by voice vote. CITY BOAT HAVEN PROPERTIES Mr. Timmons stated that the Port has formally requested that the city transfer certain unopened rights-of-way and other City owned property located within Boat Haven. This could come in the form of a property exchange with the Port for Port property at Kah Tai. City Council Business Meeting Page 11 February 17, 2004 Public Comment Ron Sikes spoke in favor of having the City Manager explore options with the Port. Motion: Ms. Sandoval moved to direct the City Manager to explore options with the Port concerning City properties at Boat Haven, including a property exchange with the Port for Port property at Kah Tai. Ms. Medlicott seconded. The motion carried unanimously, 7-0, by voice vote. 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 12 February 17, 2004