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HomeMy WebLinkAbout090412 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF SEPTEMBER 4, 2012 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the fourth day of September, 2012, in the Council C The meeting was called to order at 6:30 p.m. by Mayor David King. ROLL CALL Councilmembers. present at roll call were Robert Gray, David King, Kris Nelson, Catharine Robinson, Michelle Sandoval, Deborah Stinson, and Mark Welch. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, Public Services Director Rick Sepler, Police Chief Conner Daily, Public Safety Analyst Michael Evans, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Gray requested that Items D, E, and F (Resolutions 12-035, 12-036 and 12-037 regarding loans for mandated projects) on the Consent Agenda be removed for discussion and possible delay of action. The items were moved from the consent agenda into Unfinished Business, Items B, C, and D. COMMENTS FROM THE PUBLIC Public comment William Nock commented on art displayed in a local gallery which he considered pornographic. He asked if the City can intervene since he believes it is inappropriate 11 and feels the public should be protected. City staff response City Attorney John Watts responded, stating that the ability of the City to regulate art, even if it gets into the areas of sex and nudity, is extremely limited. The best way for that kind of activity to be controlled is for concerned citizens to let the owners of the establishment know. CONSENT AGENDA Bills, Claims and Warrants Vouchers 118491 through 118598 in the amount of$519,201.65 Vouchers 118599 through 118607 in the amount of$95,608.18 Voucher ,l 18608 in the amount of$235,.00 City Council Business Meeting September 4, 2012 Page 1 of 8 Vouchers 118609 through 118613 i n the amount of$2,515.63 Voucher 118614 in the amount of$7,057.10 Voucher 118615 in the amount of$63.44 Vouchers 118616 through 118620 in the amount of$ Vouchers 118626 through 118638 in the amount of$7,026.75 Vouchers 118734 through 118746 in the amount of$224,796.98 Approval of Minutes: August 6 and August 13 Advisory Board appointments: Planning Commission, Parks, Recreation and Tree Advisory Board, Library Advisory Board Parks Recreation and Tree Advisory Board: Sally Robbins (Position 3, Term expires May 1, 2015) David Beatty (Position 4, Term expires May 1, 2015) Ron Sikes (Position 5, Term expires May 1, 2015) Debbie Jahnke (Position 6, Term expires May 1, 2015) Planning Commission., Jack Range (Position 1, filling unexpired term ending December 31, 2013) Dwight Nicholson (Position 6, filling unexpired term ending December 31, 2013) Library Advisory Board: Kiera Miller Hodlik (Position 2, Term expires May 1, 2015) It Authorization for the City Manager to award bid and execute a contract with Pettit Oil Company for dyed diesel fuel and purchase other fuel through the State cooperative. Motion: Catharine Robinson moved to approve the consent agenda as amended to remove items D, E, and F(Resolutions 12-035, 12-036 and 12-037) to Unfinished Business. Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote.. UNFINISHED BUSINESS Ordinance 3080, Vacating a Portion of Madison Street Right of Way Associated with City Dock; Establishing an Effective Date City Attorney John Watts reviewed the packet materials, noting that first reading of Ordinance 3080 took place on August 6. He said this is the final City legislative action necessary prior to the exchange Of-properties between the City and the Port. He also informed the Council that the Port has taken action on all necessary items regarding the exchange. Public comment Rosemary Sikes spoke in favor of adoption of the ordinance and completing the transfer. Ms. Robinson noted she appreciates the work of the steer ing committee and agrees City Council Business Meeting September 4, 2012 Page 2 of 8 with almost all their conclusions but would still prefer that this piece mirror the Taylor Street agreement and retain City ownership of the right of way under the dock. She believes this would provide more assurance to the public that a dock will always be available. City ownership of the right of way would allow the City to step in if the dock were destroyed and-the Port did not choose to rebuild. She stated she cannot support this particular aspect of the agreement. Mr. King and Mr. Watts both said that the language changes proposed at the last Council meeting were accepted by the Port and have been incorporated into the enabling documents. Motion: Mark Welch moved to approve Ordinance 3080, Vacating a Portion of Madison Street Right of Way Associated with City Dock; Establishing an Effective Date. Kris Nelson seconded. Vote: motion carried, 6-7 by voice vote, Catharine Robinson opposed. Resolution 12-036 Authorizing the City Manager to accept a loan from the Washington State Public Works Board Trust Fund for the 5 MG Reservoir Replacement Project Resolution 12-037 Authorizing the City Manager to accept a loan from the Washington State Publ"Ic Works Board Trust Fund (PWTF) to Fund the Mandated Long Term 2 Enhanced Surface Water Treatment Facility Resolution 12,w035 Authorizing the City Manager to accept a loan from the W State Department of Health, Drinking Water State Revolving Fund (DWSFR) to Fund the Mandated Long Term 2 Enhanced Surface Water Treatment Facility Mr. Gray stated he believes there should be more of an opportunity for discussion and comment by the public on these items, which total ten million dollars. He questioned the commitment to borrow the funds prior to the completion of the utility rate study. He added that he has questions to direct to the City Manager and Finance Director, who are not in attendance at this meeting. Public Works Director Ken Clow stated that the 5 million gallon tank was not IF designed to seismic standards and that staff looked at retrofitting or rebuilding and neither o ption is economically viable. Failure would be significant since it is the substantial supply for water within the City. He also stated that the funding mechanisms proposed for the Long Term 2 Water Treatment are the only ones available short of agencies giving the city funds which is not likely. He added that the Drinking Water has a stipulation that we sign within 60 days of receiving the contract. Council discussion touched on the length of time these projects have been planned and discussed, the mandated and necessary nature of the projects, the effect on the City's debt capacity, the importance of maintaining the City's infrastructure, and how the projects will affect utility rates.. It was also noted that the impact on rates will not be City Council Business Meeting September 4, 2012 Page 3 of 8 known before these items need to be acted upon. Motion: Kris Nelson moved to postpone consent agenda items D, E, and F (Resolutions 12-035, 72-036 and 72-037) until the next business meeting on September 77. Robert Gray seconded. Vote: motion carried, 6-1 by voice vote, David King opposed. NEW BUSINESS Resolution 12-038 Requesting Air Quality Monitoring Station (Special Projects Committee Recommendations on Biomass) City Attorney John Watts presented the staff report and reviewed the packet materials. The Special Projects committee's action to support a second air monitoring station was based partly on misinformation in the local newspaper. Mr. Watts' discussion with the Executive Director of the Olympic Region Clean Air Agency is reported in the agenda bill. According to the Executive Director of ORCAA, no final decision has been made about where to locate additional monitors in the Olympic Peninsula area and this will be discussed at their board meeting in Sequim on October 15. because the situation upon which the committee based its recommendation was not correct, suggested additional language for the proposed resolution is provided on the agenda bill. Ms. Sandoval gave an update on the Special Projects Committee discussion. Public comment: Linda Smith expressed concerns about the process, indicating that concentrating just on the mill ignores other sources of air pollution such as wood-burning stoves. Bill Wise supports the recommendation for a second monitor but cautioned that the current Blue Heron monitor is in a position to monitor total air quality so it may not make sense to move it. He noted that this is a larger issue than co-generation,. Roger Loney (Port Townsend Paper) stated that mill em issions are measured by PT Paper at the stack. He suggested that the resolution language be changed to "monitor air quality in Port Townsend" rather than "air quality at the mill." He stated that ORCAA has expertise and they should be trusted with placement of a second monitor. He d istributed a written document for the record. Extens'i've discussion followed including suggestions to take no action or to allow ORCAA to choose where a second monitor would be located,. The importance of making decisions based on data was discussed. Concerns were also expressed about targeting Port Townsend Paper in particular rather than looking at multiple things that affect air quality, including wood smoke. It was generally agreed that expressing concerns and a desire for more data to City Council Business Meeting September 4, 2012 Page 4 of 8 ORCAA would be appropriate. The City could ask them to review Port Townsend's monitoring situation and make a recommendation about location of the monitor. They may be able to suggest funding options for installation of another monitor. Ms. Robinson briefly reviewed the Board of Health's discussion that resulted in their letter to ORCAA and their desire to come up with a consortium approach to the issue. More concern was expressed about moving the current monitor from the Blue Heron site because of its location in relation .to other types of particulate. Ms. Nelson stated she does not believe Port Townsend Paper should be continually named in the letter since the aim is to monitor the entire range of things impacting air quality. Mr. Welch stated he would not agree with Council taking a political position on the monitor as it is a scientific matter. Ms. Sandoval suggested language that would state "a consort ium such as state, hospital, etc." rather than just the City, County, ORCAA, and the mill. Mr. King stated the letter should broaden the request for what is monitored so we can assure air quality for our citizens which is not solely related to bio-gen- Consensus was (no formal motion was made) to remand the issue to the Special Projects Committee to craft a revised resolution and letter. Special Projects Committee Recommendation on Plastic Bag Ban Implementation City Attorney Watts presented the staff report and reviewed the packet materials.. Council discussion centered on the proposed means of repaying the interfund loan. Councilors were not comfortable with the suggested payback from an increase in solid waste/garbage fees. It was also noted that no capital bond money (as stated in the agenda bill) would be available. Use of lodging tax funds for the purchase was discussed. Public comment: Rosemary Sikes commended the Council for adopting the bag ban but stated she has an issue with replacing disposal plastic bags with reusable plastic bags. Discussion followed regarding consideration of another type of reusable bag (jute, cloth); the rationale that the ordinance is primarily intended to encourage people to use reusable bags, whether a local provider could supply the bags, and options for funding. It was acknowledged thateat this point, it is doubtful that bags will be ready for distribution on November 1 when the ban goes into effect. Motion: Mark Welch moved to authorize the City Manager to purchase 10,000 reusable bags with fending from an interfund loan to be paid back by lodging tax funds. Michelle Sandoval seconded. City Council Business Meeting September 4, 2012 Page 5 of 8 Vote: motion carried, 6-1 by voice vote, Kris Nelson opposed. City Attorney Watts will review the legality of funding the purchase with lodging tax funds and report back to the Council. Mayor King declared a recess at 8:15 p.m. for the purpose of a break. The meeting was reconvened at 8:25 p.m. ja Resolution 12-039 awarding the Ash Loop Water System Improvements Construction'B"Id to Seton Construction as a sole source bid and directing staff to finalize an easement. Mr. Clow reviewed the packet materials. He Hated the City wishes to construct a new water line outside the City limits in an area served by the City water system that would eliminate an existing pimp station and small ground water treatment system. The shortest and least expensive route for the new line is across property owned by Bruce Seton Jr. who has agreed to convey the easement to the City at no cost in exchange for the award of the construction contact for the water line to his company, Seton Construction. The amount of the contract is well within the range of costs based on engineer's estimates. During discussion, Mr. Clow stated the benefit to the water utility is that t his system will not have to be separately maintained, with required testing and reporting to the state. The system also has numerous deficiencies that would need to be corrected if the existing wells, outbuilding and associated infrastructure are to be maintained. Other details regarding the system were clarified and briefly discussed. There was no public comment. Motion: Mark Welch moved to approve Resolution 12-039 awarding the Ash Loop Water System Improvements Construction Bid to Seton Construction as a sole source bid and directing staff to finalize an easement. Catharine Robinson s Vote: motion carried unanimously, 7-0 by voice vote.. Resolution 12-040 Contract Authorization FCS Mr. Clow reviewed the'packet materials. He explained that conditions have changed since the original rate study was completed by FCS and an update to that study is proposed to take into consideration upcoming capital improvements such as the UV Water Treatment Facility. During Council discussion, it was noted that the results of the study will be incorporated into the budget. It was noted that the 2010 study was done to determine whether the current rates were underfunding the system,, There was no public comment. City Council Business Meeting September 4, 2012 Page 6 of 8 Motion: Michelle Sandoval moved to approve Resolution 12m-.040 authorizing the City Manager to execute a contract with FCS Group for a rate forecast update and rate design. Catharine Robinson seconded. Vote: motion carried unanimously, 7-0 by voice vote. Resolution 12-041 Author'izat'ion of Timber Sale Survey Mr. Clow reviewed the packet materials, noting that the City owns forest land which is ma intained to benefit the water utility including assisting in maintaining fiscal solvency and rate stability,, The proposed work will determine the potential income from timber on the parcels. There was no public comment. There was brief discussion regarding the location of the properties and clarification was made that this approval would not result in any tree cutting but will result in an assessment of the timber value that will be good for 3- 5 years. Motion: Catharine Robinson moved to approve Resolution 12-041 Authorizing the City Manager to approve and sign documents related to timber sales layout and cruise of City-owned forestland, within available funding and approved budget. Michelle Sandoval seconded. Vote: motion cam ed, 6-1 by voice vote, Robert Gray o Ordinance 3083 providing for temporary regulations concerning sidewalk obstructions in the vicinity of the Wooden Boat Festival and the Crafts Fair; and declaring an emergency City Attorney Watts reviewed the packet materials. Public safety staff have recommended that to ensure safe and efficient pedestrian use of sidewalks and to ensure safe pedestrian exiting in the event of any emergency, the sidewalks in the immediate vicinity of the Wooden Boat Festival and Arts and Crafts Fair not be obstructed by unpermitted objects such as tables or chairs.- An emergency ordinance has been prepared to establish a "safety zone" in a specific area during certain hours. Clarifications were made, including the fact that the American Legion will cooperate so that any booths they permit W'111 be off the sidewalk. In addition, M Watts said there will be a loss of about 12 parking spaces for a pick up and drop off zone so that vehicles do not park in the middle of Water Street. Police volunteers will try to ensure that pedestrians cross at appropriate places while maintaining a positive public relations aspect. There was no public comment. Consensus was to change the hours of enforcement on Sunday from 9 a-m - 3 pm to 9 am to 6 pm. City Council Business Meeting September 4, 2012 Page 7 of 8 Mr. Watts noted that the City Manager will be working on updating festival guidelines and it would be appropriate to have the issue assigned to a committee. There was further brief discussion. Motion: Catharine Robinson moved waive rules and adopt, on an emergency basis., Ordinance 3083 providing for tem-porar y 9 re ulations concerning sidewalk obstructions dr in the vicinity of the Wooden Boat Festival and the Crafts Fair and declaring an emergency with change in hours on Sunday from 9 am to 6 pm. Mark Welch seconded. Vote: motion carried unanl"Mously, 7-0 by voice vote. Motion,* Michelle Sandoval moved to assign review of general festival rules to ,,.,he General Services Committee. Kris Nelson seconded. Vote; motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER REPORT Mayor King reported on the YPN (Young Professionals Network) gathering. CITY MANAGER REPORT SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION ADJOURN There being no further business, the meeting was adjourned at 9:41 p.m. Attest: jV Pamela Kolacy, MMC City Clerk City Council Business Meeting September 4, 2012 Page 8 of 8