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HomeMy WebLinkAbout10252004 . . . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE WORKSHOP SESSION OF OCTOBER 25,2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in workshop session this twenty-fifth day of October, 2004, at 6:30 p.m. in the Crafts Room at the Port Townsend Community Center, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. GeoffMasci arrived at 6:40 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Claw, Water Operations Manager Bob LaCroix, and City Clerk Pam Kolacy. NEW PROPOSALS ("IN BOX") Community Built Playgrounds Mr. Watts stated that Erica Delma of Firefly Academy, has expressed interest in developing a community-built playground at Pope Marine Park. The request to Council is to obtain preliminary City approval to allow use of the Park as a location for playground equipment to be paid for and erected by a community group. If the Council were interested in this proposal, the next step would be to schedule the item for an upcoming agenda so the Council could act to refer the item to an appropriate committee for more detailed examination of the proposal. Ms. Delma presented the Council with examples of successful playground projects and discussed the benefits to the City of having the project done. Ms. Robinson asked whether there would be any cost to the City in construction or maintenance. Mr. Timmons stated that the project would take time, as the location will present regulatory issues such as shorelines. He added there would be no building cost to the City but there would be some maintenance costs. Council consensus: add the item to a future agenda. City Council Workshop Page 1 October 25,2004 . . . Motorized Foot Scooters Mr. Watts stated that a proposal was received from Scott Walker that the Council enact legislation prohibiting the use of motorized foot scooters within the City by unlicensed drivers, and also to prohibit the use of "internal combustion engine driven" scooters on non-motorized facilities. Mr. Watts referred to e-mails from Police Sgts. Green and Kaare, both supporting regulation of motorized scooters. Mr. Watts noted that regulations can address numerous issues relating to the scooters and added that many jurisdictions have produced ordinances which can be used as resources. Scott Walker spoke in favor of the Council establishing regulations regarding motorized foot scooters and perhaps prohibiting the use of two-cycle motors on any vehicle. Council consensus: add regulations concerning motorized scooters to a future agenda. CITY MANAGER'S QUARTERLY REVIEW Mr. Timmons stated that progress is occurring on a number of fronts; the budget will be done soon, police contract negotiations have begun on a positive note and health care costs will increase less this year than in the past two years. He added that the skate park is in the design completion phase and after internal review, will go out for bid. Playground equipment has been installed at Chetzemoka Park and is being used extensively. A grant request for funding the wave-viewing gallery was unsuccessful. Public Works Director Ken Clow gave a brief update on several major projects. He stated trestle removal has been completed and next the transfer span and vessel must be removed. Bids were opened for the City Hall/City Annex project, with 3.77 million as the low bid. Staff is evaluating the bids; there were several additive items which may influence the end low bidder. Morgan Hill Pump station is complete and the Jacob Miller water line is underway and should be done by November. Completion of these two projects will result in the City's compliance with the Department of Health directive. Mr. Timmons also noted that the Jefferson County Historical Society has received an additional $115,000 in grant funding to be used for City Hall restoration. Ms. Robinson asked about progress on the Stormwater Plan. Mr. Claw replied that the consultant would be chosen this quarter; the project has been delayed because of the staff positions that remain vacant. City Council Workshop Page 2 October 25,2004 . . . Ms. Sandoval asked about the Transportation Plan. Mr. Clow answered that an initial screening of consultants has been done, but the Upper Sims Way project has taken precedence. He added that the current scope of work envisioned by the committee is very broad and some analysis will be necessary to make sure enough money is budgeted to cover the entire scope. The two unfilled key engineering positions also impact the progress on this project. Mr. Timmons noted that the positions will remain vacant until the budget plan for 2005 is finalized - they are funded through utilities and recruitment can begin in earnest at the beginning of the year. In answer to Mr. Masci's question about the amount of money allocated from the bond for the wave gallery, Mr. Timmons replied that the grant application was intended to leverage money for the Quincy Street dock repairs. WATER RESOURCE INVENTORY AREA 17 (WRIA) PRESENTATIONS Bob LaCroix stated that the Council had expressed a desire to hear from various stakeholders in the WRIA planning process. Mr. LaCroix stated that the Council may wish to consider lightening up on the City's position as it only applies to new water rights, not existing water rights. The following groups provided presentations to the Council: Department of Ecology (Phil Wiatrak and Jim Pachenko) discussed how DOE sets minimum instream flows. Tribes: Ted Labbe PUD: Dana Roberts and Bill Graham Wild Olympic Salmon: Paula Mackrow Port Townsend Paper Company: John Begley All provided written materials for the record. Council questions included: Masci to Labbe: where did you get your definition of water rights? Answer: it is in the state code. GM: When was the last time shellfish was closed in Quilcene? TL: During the mid 90's but will be an ongoing issue as growth is experienced. City Council Workshop Page 3 October 25,2004 . . . GM: What are water quality violations on the Big Quil? TL: fecal coliform, water temperature and instream flow; Chimacum creek for fecal coliform and water temperature (all apply to sections of the rivers). Michelle Sandoval to Dana Roberts: has PUD done any research on legal defensibility on the exempt well reservations? DOE replies: there have been no lawsuits yet; normally an exempt well is exempt from a permit but not exempt from regulations and the holder still has a junior water right subject to cut off by a senior water right. Reserve wells would be for domestic use only. Kees Kolffto PUD: how does that correlate with total parcels not served - is the need for reserve based on the OFM 20 year projections as opposed to complete buildout? Bill Graham: the analysis was done looking at full buildout based on existing parcels and those parcels eligible for division; he stated there is probably still funding available to do further analysis based on the current population numbers and projections. KK: wouldn't the 20-year projection be the appropriate basis? Phil Waitrak (DOE): yes Kees Kolffto DOE: what are the disadvantages of not reaching consensus? PW: Flows will be set with guidance from the legislature and rulemaking starts in February whether the group reaches consensus or not. This basin is unique, has endangered species and is over appropriated. MS: give a further explanation of in stream flow. DOE: flows are designed to protect habitat, not to be met every year; supply must be built over peak demands so you can't use an average. MS: do the County Commissioners have to approve the decision of the planning unit? PW: This is a separate track; the Commissioners asked the planning unit to set flows and the decision does not have to go back to the Commissioners for approval. David Timmons to DOE: once instream flows are set, there are implications to the Countywide Planning Policies and other plans will have to be reevaluated and reassessed. For Council planning, once consensus is achieved, will have to look at City land use policies. Ms. Fenn left the meeting at 9:05 p.m. City Council Workshop October 25,2004 Page 4 . Mr. Kolff asked Mr. Watts to discuss the reasoning behind the City taking a new position on instream flows. '" Mr. Watts stated that the City's concern has been that agreeing to a higher number would indicate agreement that the number selected would be the optimum flow for the river but that the number may be assumed by the Federal government and the Tribes to be a minimum CFS. This is an issue because the City's water source crosses Federal land and this gives the Federal government rights under the Endangered Species Act. Mr. Watts stated that the City believes if language is built into the proposed policy saying that if our senior water right is protected, we may agree to set a higher instream flow. This change was influenced by the information received that this will apply to future rather than existing water rights. Discussion of the issue will be scheduled after the Planning Unit meeting on October 26. ADJOURN There being no further business, the meeting was adjourned at 9:20 p.m. Attest: · e~y,~~ City Clerk . City Council Workshop Page 5 October 25, 2004