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HomeMy WebLinkAbout110606 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 2006 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this sixth day of November, 2006, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Port Townsend Fire Station conference room, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Geoff Masci, Laurie Medlicott, Catharine Robinson, Michelle Sandoval, Mark Welch. Scott Walker arrived at 6:40 p.m. Geoff Masci arrived at 7:35 p.m. Staff members present were City Manager David Timmons, Finance Director Michael Legarsky, Fire Chief Mike Mingee, Police Chief Conner Daily, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Welch stated that the Murphy Short Plat decision would be moved to first business after the consent agenda, prior to the public hearings. The Mayor stated that the City Manager requested removing the Taylor Street/Haller Fountain improvement update from tonight's agenda. He also stated an Executivesession was scheduled to discuss potential litigation. PROCLAMATION Mayor Welch announced that a proclamation in honor of the re-dedication of City Hall would be read at the reception on Wednesday. COMMENTS FROM THE PUBLIC (consent and non-agenda items) The following spoke in favor or renewing the YMCA contract: Carli Fager Kelsey Caudebec Peter Braden Tom Opstad Melanie Bozak Mark Decker Rob Sanderson Bill James City Council Business Meeting Page 1 November 6, 2006 Juelie Dalzell Sheila Murphy Pat Scott spoke about funding the pool. In response to public comment, Mr. Timmons noted there has never been an intent to remove funding from the YMCA, but that the funding is part of the budget process. CONSENT AGENDA Motion: Ms. Robinson moved for approval of the following items on the consent agenda. Mrs. Medlicott seconded. The motion carried unanimously by voice vote. Approval of Bills, Claims and Warrants: Vouchers 98071 through 98149 in the amount of 282,030.24 Vouchers 99536 through 99551 in the amount of $356,936.68 Vouchers 99553 through 99698 in the amount of $159,547.50 Vouchers 99696 through 99709 in the amount of $39,587.55 Vouchers 1020061 through 1020069 in the amount of $98,679.48 Vouchers 1103061 through 1103069 in the amount of $99,567.10 Approval of Minutes: September 25, 2006 October 16, 2006 October 23, 2006 Workshop October 23, 2006 Special Business Resolution 06-031, authorizing Community Development Block Grant loan to Scott Wilson, Port Townsend Publishing. Action: Move to approve Resolution 06- 031, authorizing the City to enter into a Community Redevelopment Block Grant Fund loan in the amount of $25, 000 with Port Townsend Publishing, authorizing the City Manager to sign appropriate loan documentation to close the transaction. Resolution 06-032, authorizing Community Development Block Grant loan to Beverly Malagon, Kuhn Building. Action: Move to approve Resolution 06-032, authorizing the City to enter into a Community Redevelopment Block Grant Fund loan in the amount of $22,350. 76 with Beverly Malagon, and authorizing the City Manager to sign appropriate loan documentation to close the transaction. MURPHY SHORT PLAT APPEAL Mayor Welch stated that the proposed decision of the City Council affirms the Hearing Examiner's decision which approved the preliminary plat. The Council looked at this appeal as one of road alignment and tree preservation. He said that under the City codes, the road alignment shown to the Hearing examiner is not the final road alignment. Final alignment and tree preservation is determined, not in the City Council Business Meeting Page 2 November 6, 2006 preliminarily plat approval, but in a separate street permit process. The Council therefore saw no reason to reverse the hearing examiner or remand this matter back to the hearing examiner. He also stated that City policy, adopted by a previous Council in the 1990s, requires preservation of trees in the right of way where possible. City staff testified before the hearing examiner that the final road alignment would implement the City policy of preserving trees where possible. This could include snaking the road to save trees. He noted that, speaking for himself, he wants trees preserved when that can be done, and fully supports the City's efforts to preserve trees in rights of way. But the process is still open, and it is not appropriate for Council to decide the issue, in advance of the City staff determination. Nor is it appropriate for the Council to design the road ourselves. That is the applicant's responsibility, and City staff makes sure that the design complies with City regulations. Mayor Welch noted that the street permit process allows the Youses the opportunity to make their views known. The City street permit is also subject to a separate appeal to the Hearing Examiner, both by the applicant or Youses. He thanked the parties for doing a good job of defining and arguing the issues and expressed appreciation for the efforts of all parties in this process. Motion: Mr. Welch moved to approve the Findings, Conclusions and Order document before us tonight, and to authorize that he sign them on behalf of the Council. Ms. Robinson seconded. The motion carried, 5-1, Benskin opposed. PUBLIC HEARINGS ORDINANCE 2930 AN ORDINANCE OF THE CITY OF PORT TOWNSEND FIXING AND ADOPTING 2007 PROPERTY TAX LEVIES WITH AN INCRASE OF ONE PERCENT (1 %) Mayor Welch read the rules of procedure for the public hearing. No Council members had any financial or property interests to disclose in connection with the matter. Mr. Timmons reviewed the packet material, noting that an increase of 1 % has been included in the preliminary budget. There was no public comment. Motion: Mr. Benskin moved for first reading of Ordinance 2930. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Masci arrived at 7:35 p.m. City Council Business Meeting Page 3 November 6, 2006 RESOLUTION 06-027 A RESOLUTION OF THE CITY OF PORT TOWNSEND, WASHINGTON, DECLARING CERTAIN FIRE DEPARTMENT ASSETS SURPLUS, IN CONNECTION WITH FIRE SERVICE CONSOLIDATION WITH JEFFERSON COUNTY FIRE DISTRICT NO.1 Mayor Welch reviewed the public hearing rules of procedure. No Council members had any financial or property interests to disclose in connection with the matter. Mr. Timmons reviewed the packet materials and noted that many other cities are going through the same process. He distributed copies of a re-draft of the final paragraphs. Fire Chief Mike Mingee commented briefly and noted that some Fire District 1 Commissioners were present. Public comment Howard Scott spoke against adoption of the resolution, suggested leasing the equipment to the fire district with a maintenance agreement rather than giving the equipment to them; stated we are getting ahead of the game, as taxpayers haven't approved an increase in taxes. Ted Shoulberg spoke against adoption of the resolution and provided his remarks in writing. Bonzo DeLeo spoke against adoption of the resolution, stated that he does not want added taxes. Joe Breskin spoke against the resolution, expressed concerns about the EOC Center. Pete Langley spoke against adoption of the resolution, stated that urban services should not be provided in rural areas. Julie Jaman spoke against adoption of the resolution, said that the Fire Station should be an active part of the town. There was no further public testimony. The floor was opened to questions from the City Council. In response to Ms. Sandoval, Chief Mingee noted that since the consolidation agreement went into effect in January, response time has been reduced by a little more than a minute. Mr. Timmons stated that the EOC would remain in the building. Mr. Timmons stated the new lease agreement and interlocal agreement would be provided prior to the joint Council/Commissioners meeting on November 21. City Council Business Meeting Page 4 November 6, 2006 In answer to Ms. Robinson's question, Mr. Timmons stated there is a range of options if the Council decides to lease rather than surplus the equipment; for example a $1 per year lease with the district assuming liability for maintenance, repairs, and future replacement or a lease which would require the District to make annual payment with the City responsible for repair and replacement of equipment. Ms. Robinson stated her concern is if annexation does not occur, the City may have a building but no equipment. In answer to Mr. Masci's question Chief Mingee stated that reason surplus is before the Council now is that it is the next step in the natural progression of the consolidation of services. He added that having one group of rolling stock owned by one organization produces economies of scale and the best opportunity for good management. In addition, there is increased grant power by operating as one instead of two separate organizations. Mr. Timmons noted there are a number of ways the consolidation could be structured; we are trying to balance this from the District's perspective and in relation to the finances of the equipment rental fund. He added the Council and District must find an equitable balance to make it work; maintaining two separate fire districts can't continue to meet and needs of the community and keep taxes down. Ms. Robinson suggested that a lease with some sort of reversion clause be considered. Motion: Ms. Sandoval moved for adoption of Resolution 06-027 with the replacement paragraphs presented tonight with the addition of a reversion clause in paragraph A if there is de-coupling from consolidation or non-annexation or if there is a method of de-coupling after annexation. Mr. Walker seconded. Motion carried, 6-1, by voice vote, Benskin opposed. Motion to amend: Ms. Sandoval moved to clarify language in third sentence from bottom in new paragraph "B" to change "in fee" to "fee simple" and to add real property "will be" rather than "is" transferred in fourth line up and add a clarification after the last sentence, adding the phrase "at no cost or fee." Mr. Masci seconded. Motion carried, 6-1, Benskin opposed. RESOLUTION 06-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SUBMIT A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION, FUNDING THE ACQUISITION OF AN OFFICE COMPLEX FOR LOCAL COMMUNITY ACTION AGENCIES Mayor Welch read the rules of procedure for the public hearing. No Council members declared property or financial interests in the matter. City Council Business Meeting Page 5 November 6, 2006 City Manager David Timmons outlined the agenda material and stated that staff supports the application and does not anticipate an appreciable impact to the staff for the administration of the grant. Tim Hockett, Director of Community Action Programs, outlined the history of the project and noted that if this funding is received it will lower the Agency's costs by $100,000 per year which can be applied directly to the benefits provided rather than payments on the facility. Mayor Welch opened the hearing to public comment. There were no comments from the public and the public comment portion of the hearing was closed. Ms. Robinson asked if the City would incur extra costs. Mr. Timmons stated that the City has single audit liability currently so there would probably be no additional costs for the audit; he also added staff time will be minimal as the City is acting as a pass through agency. Motion: Mrs. Medlicott moved for approval of Resolution 06-033. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. UNFINISHED BUSINESS RESOLUTION 06-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DESIGNATING THE CITY MANAGER AS APPLICANT AGENT FOR THE STATE OF WASHINGTON HAZARD MITIGATION GRANT PROGRAM APPLlCA TIO TO SEISMICALLY REFIT THE COTTON BUILDING City Manager David Timmons reviewed the packet material. Public Safety Analyst Ken Horvath was on hand for questions. Motion: Mr. Masci moved for adoption of Resolution 06-030. Mr. Benskin seconded. In answer to Mr. Walker's question, Mr. Timmons noted that this action only allows the application to go forward but if a grant were awarded, conditions would have to be approved by the Council (i.e., restrictions on use of the building.) Vote: motion carried unanimously, 7-0, by voice vote. PRESIDING OFFICER'S REPORT Motion: Mr. Masci moved to accept the Mayor's recommendation and confirm the appointment of Tod Wakefield to the Jefferson County Community Network Board. Mr. Welch seconded. The motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 6 November 6, 2006 CITY MANAGER'S REPORT Mr. Timmons reported on ongoing discussion with Washington State Ferries and noted that the Police Department's administrative oversight on jail billings has saved $47,500 this year to date. STANDING COMMITTEE REPORTS Motion: Mr. Masci moved to approve the recommendation of the Community Development and Land Use Committee and the Lodging Tax Advisory Committee that Planning Commission be directed to initiate review of proposed amendments to the zoning code regulations regarding tourist accommodations and accessory dwelling units. Mrs. Medlicott seconded. The motion carried unanimously, 7-0, by voice vote. SUGGESTIONS FOR FUTURE MEETINGS Ms. Sandval asked that the Council discuss weighing in on the proposed long term planning process conducted by Fort Worden. Mr. Timmons stated that City representatives on the Fort Worden Advisory Committee would prepare a memo for the Council. Mr. Welch stated he would schedule a review of quasi-judicial hearing rules after the first of the year. EXECUTIVE SESSION Mayor Welch announced at 10: 11 p.m. that the Council would conduct an executive session on potential litigation matters, that the session would last no longer than fifteen minutes, and that no action would be taken following the session. RECONVENE The meeting was reconvened at 10:30 p.m. ADJOURN There being no further business, the meeting was adjourned at 10:31 p.m. Attest: /) / ,) .. .1'. ,.~" / /~ .' A, ///( '.'., ' ,. ~-;/.. L - ; ; , - /1,1 .....- ..x .' } Pam Kolacy, CMC City Clerk City Council Business Meeting Page 7 November 6, 2006