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HomeMy WebLinkAbout091707CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF SEPTEMBER 17, 2007 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, 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Mark Welch presiding. ROLL CALL Council members present at roll call were Frank Benskin, Geoff Masci, Laurie Medlicott, George Randels, Michelle Sandoval, and Mark Welch. Catharine Robinson was excused. Staff members present were Public Works Director Ken Clow, Finance Director Michael Legarsky, Planning Director Rick Sepler, and City Clerk Pam Kolacy. PROCLAMATION Mayor Welch read a proclamation regarding Constitution Week. CHANGES TO THE AGENDA There were no changes proposed to the agenda. PUBLIC COMMENT (Consent and non-agenda items) Joshua Bennun spoke regarding code enforcement issues. Monica Fletcher expressed concerns regarding the proposed land swap with DNR involving the Snow Creek property. Pat Teal representing DASH, spoke in support of accessibility at the local post office and branches. Bonnie Bolster requested the Council to ask the appropriate officials to provide accessible postal service. Bob Sokol stated the acoustics in the Chambers are not adequate. Staff/Council response: City Council Business Meeting Page 1 September 17, 2007 Mayor Welch noted the DNR swap has been in the works for several years on the DNR timeline; the issue has come to the fore recently because of the School District's long-range plan. In answer to a question from Ms. Sandoval, Mr. Clow noted that the difference in the value of the two properties (80 acres adjacent to the City and aCity-owned parcel in the Snow Creek watershed) must be determined by appraisal; the DNR cannot receive money to make up the difference so timber values could be used to offset the differential. The timberland is on the rolls of the School Trust and harvesting of the trees could happen whether the land swap occurs or not. That activity is regulated by the DNR charter. He added there would be public meetings and public process if the swap is initiated. Consensus of the Council was to write letters regarding Post Office accessibility to the appropriate officials. CONSENT AGENDA Motion by Mr Benskin to approve the following items on the Consent Agenda. Second by Mr. Masci. Mr. Randels stated That in the September 4 minutes, Mr. McNickle's name was misspelled in one instance. He also noted that on page 7, in Ms. Robinson's comment, the word `few" should be inserted prior fo `shalls" in the second to last tine of the paragraph. The minutes of the September workshop meeting were referred back to the City Clerk to review the tape of the meeting regarding a statement by the City Manager. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 102604 through 104615 in the amount of $35, 371.82 Voucher 102626 in the amount of $266.67 Vouchers 102617 through 102726 to the amount of $126,564.02 Vouchers 102728 through 102737 in the amount of $956.28 Vouchers 905071 through 905079 in the amount of $102,480.51 Approval of Minutes: September 4, 2007 Regular Business (as corrected) September 10, 2007 Special Business Uptown Ad-hoc Design Related Strategies and Parking Strategies Committee Membership Action: Move to confirm Committee membership as recommended. Resolution 07-029, authorizing the City Manager to negotiate and execute contracts necessary for the design and construction of the Outfall Replacement within approved budgets. Resolution 07-030, authorizing the City Manager to negotiate and execute contracts necessary for the Kanu Drive Lift Station Replacement Project within the approved budgets. City Council Business Meeting Page 2 September ?7, 2007 Resolution 07-031, authorizing the City Manager to negotiate and execute the contracts necessary for the Sewer Service Area Study for the Southwest comer of the City within approved budgets. PUBLIC HEARINGS Mayor Welch read the Rules of Procedure for Public Hearings from the Council Rules; he noted the rules would apply to both public hearings on the agenda. No Council members had any financial or property interests to disclose in connection with either topic. ORDINANCE NO. 2954 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CITY OF PORT TOWNSEND 2007 WATER SYSTEM PLAN AND ESTABLISHING AN EFFECTIVE DATE Staff Report Public Works Director Ken Clow noted that the plan had been discussed and presented to the Public Works Committee and the Council several times, including during a workshop on September 10. He noted that the financial section of the Plan is based on a previous rate analysis and will be changed depending on the Council's action regarding the utility rate structure. Public Comment Bob Sokol, speaking as a private citizen (not a Port Commissioner) stated that Port tenants pay their own utilities; he also stated that the Point Hudson water system is maintained by the Port and not the City and therefore should not be charged for system upgrades. He stated that adopting a new rate structure will make it difficult to do business at the Port and urged that the Council be diligent when looking at the policies. David Hero, owner of the Silverwater Cafe and Elks Building objected to the tap fees on building sprinkler systems and asked the Council to reconsider these fees. Bob Sokol supported Mr. Hero's comments. Council questions and discussion There was considerable discussion on the issue of requiring a tap fee for sprinklers in buildings, including: City Council Business Meeting Page 3 September 17, 2007 The issue comes back to a policy decision but it is more of a rate issue in terms of how costs are distributed according to the rate model. Mr. Benskin stated the fee may be regressive for some since everyone has the same fire flow capabilities. Mr. Legarsky stated that our rate model allocates fire flow to all customers with the exception of those who have a specific tap fee; the plan does not itemize fire flow per customer and if that information is desired, the rate consultants can be commissioned to find out how we recover the fire flow costs. Motion: Mr. Masci moved to revoke the sprinkler tap fee policy from the City's Water System Plan. Mrs. Medlicott seconded. Ms. Sandoval objected, stated that if the Council is going to discuss a policy issue resulting in the elimination of funding, all the information should be considered. She noted that although this is not the first time the complaint has come up, the Council has never chosen to discuss it as a policy before. Mr. Legarsky noted the revenue from sprinkler taps in the study is $8,800 per year; the revenue allocation should match the cost of service and the rate in the study is the rate recommended which would cover that cost. Mr. Clow stated the number used in the study is 28 sprinkler taps within the City. Vote: the motion failed, 3-3, with Benskin, Masci and Medlicott in favor. Motion: Mr Masci moved to remove fhe Port from the commercia! government classification that is in the Water System Plan and put it back to a regular ratepayer. Mr. Benskin seconded. Mr Clow noted that these details are in the Rate Analysis (to be considered at the next public hearing) not the Wafer System Plan. The motion was withdrawn. Motion: Mr. Welch moved for first reading of Ordinance 2954. Ms. Sandoval seconded Mr. Masci stated he will opposed the motion because he disagrees with the water service area delineated in the plan. Vote: motion failed, 3-3, Randels, Sandoval and Welch in favor. Motion.• Mrs. Medlicott moved That Council direct staff to provide data needful in regard to the sprinkler tap issue in the Water System Plan. Mr Masci seconded. Ms. Sandoval asked for information regarding what is typical in other cities regarding commercial sprinklers, what are the typical costs, and implications for the future if the fee is removed. City Council Business Meeting Page 4 September 17, 2007 Mr. Masci asked for pros and cons; also how much would be added to each ratepayer's bill to cover expenses if the sprinkler fee were removed. Mr. Randels asked for an idea of what other communities do to incentivize voluntary provision of sprinkler systems. (Noted during discussion that sprinkler are required for remodeling or new construction but not for existing buildings.) Vote: motion carried unanimously, 6-0, by voice vote. RECESS Mayor Welch declared a recess at 8:10 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:18 p.m. PUBLIC HEARING ORDINANCE NO. 2953 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 13.05 UTILITY RATES AND CHARGES AND ESTABLISHING AN EFFECTIVE DATE Finance Director Michael Legarsky reviewed the packet material, noting that this is the fourth draft of the study which was started in April 2006. He stated, in reference to the previous discussion, that Council should advise staff if there are other issues the Council wishes to have brought back to the rate consultants for analysis. He added that staff was targeting changes to the billing system to begin on January 1, and time to reprogram the system must be allowed once the rate ordinance is adopted. Mr. Legarsky pointed out that in Exhibit A, 13.05.090, the penalty charge of 1.5% is extremely generous and can cost more to process than the revenue received. He proposed a minimum penalty of $5.00 be established in the new rate table. Mr. Benskin asked which customers are in each class. Mr. Legarsky stated there are no eight inch meters; six inch meters include 2 for the PUD, 1 for Fort Worden, 1 for Hudson Point, and 1 for the Golf Course. In response to a question from Mr. Masci, Mr. Legarsky replied that the City meters its own buildings and pro rates charges among City departments. City Council Business Meeting Page 5 September 17, 2007 Public comment: David Hero commented that the sprinkler tap fee is not a lot of money, but it is a matter of principle. Bob Sokol stated that people who pay sprinkler tap fees are being penalized. He also stated the increase in utility rates will hurt tenants and not the Port because the rates are passed on through triple net leases. Motion: Mr Masci moved to continue the public hearings to the next available business meeting. Mr. Welch seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Legarsky asked that Council members let him know about specific information they need before the hearing continues. PRESIDING OFFICER'S REPORT Motion: Mr. Benskin moved to accept the Mayor's recommendation and confirm the following Commission/Committee appointments. Mr. Welch seconded. The motion carried unanimously, 6-0, by voice vote. Arts Commission: Sherry Kack (position 8, term expires May 1, 2010) Historic Preservation Committee: Gee Neckcher (pos. 1, expires May 1, 2008) Planning Commission: Kristen Netson (pos. 6, term expires December 31, 2008) SUGGESTIONS FOR NEXT OR FUTURE MEETINGS Ms. Sandoval brought up the issue of mandatory garbage service which was brought up in a letter from a citizen. Mr. Clow confirmed that this is a contractual issue with DM Disposal. It was noted that the Ad Hoc Sign Code Review Committee is completing its work and the recommendations will be forwarded to CD/LU Committee soon. Mr. Benskin asked that staff look into several illegal political signs in the right of way. ADJOURN There being no further business, the meeting was adjourned at 8:49 p.m. A'tt~est: .~ ~ ~ ~~ Pam Kolacy, CMC City Clerk City Council Business Meeting Page 6 September 17, 2007