HomeMy WebLinkAbout051908CITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF MAY 19, 2008
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Gouncil of the City of Port Townsend met in regular session the nineteenth
day of May 2008 at 6:30 p.m. in the Port Townsend City Council Chambers of City
Hall, Mayor Michelle Sandoval presiding.
ROLL CALL
Council members present at roll call were Brent Butler, David King, Laurie Medlicott,
George Randels, Catharine Robinson, Michelle Sandoval and Mark Welch.
Staff members present were City Manager David Timmons, City Attorney John
Watts, Planning Director Rick Sepler, Senior Planner Judy Surber, Library Director
Theresa Percy, Public Works Director Ken Clow, and Legal Assistant Joanna
Sanders.
CHANGES TO THE AGENDA
There were no changes proposed to the agenda.
COMMENTS FROM THE PUBLIC (consent and non-agenda items)
Jim Fritz regarding the price of gasoline and crude oil.
Susan Langlois regarding land use and appropriate mitigation measures for code
violations. She favored the Quimper Corridor Plan and supports wildlife corridors
throughout the City.
CONSENT AGENDA
Motion: Mrs. Medlicott moved for approval of the following items on the Consent
Agenda. Mr Randels seconded with corrections to the minutes as follows. Motion
carried unanimously, 7-0, by voice vote.
April 28, 2008: Page 2, 4th paragraph, the last line should be "developable"
instead of "development."
May 1, 2008: Page 1, Mark Welch should be listed as present rather than
excused. Page 2, last paragraph, 4th line should read "... the person who
found. him."
City Council Business Meeting Page 1 May l g, 2008
A. Approval of Bilts. Claims and Warrants
Vouchers 104757 through 104762 in the amount of $72,543.75
Vouchers 104772 through 104915 in the amount of $318,146.74
Vouchers 104917 (plus EFTs} through 104926 in the amount of $90,255.72
8. Approval of Minutes (as corrected): April 28, 2008, May 1, 2008, and May 5,
2008.
C. Resolution 08-016 NW Maritime Center/HUD Refinance
Moved for adoption of Resolution 08-01, authorizing the City Manager to
execute documents approving the City's participation in the public offering for
FY 2008 for the NWMC HUD loan (Note Number 8-01-DC-53-0001/Port
Townsend).
PUBLIC HEARING
QUIMPER WILDLIFE CORRIDOR
Long Range Planning Director Rick Sepler reviewed that several rezones of city-
owned lands are recommended in the draft QWCMP, but any Council action tonight
would not involve a rezone of any land. Although a significant portion of Cappy's
Trails is within the Quimper Wildlife Corridor the discussion would not be about
preservation or rezone of Cappy's trails. Recommended rezones would require a
Comprehensive Plan amendment. The City would require additional analysis and
provide opportunity forpublic comment prior to acting on the recommended rezones.
The purpose of the plan is to ensure coordinated management of those portions of
the Quimper Wildlife Corridor lying within the city limits. Recommendations in the
plan apply to lands owned by Jefferson Land Trust (JLT), lands subject to a JLT
conservation easement, and some city-owned parcels. Recommendations will not
apply to privately held properties in the corridor.
Senior Planner Judy Surber provided an overview of the Quimper Wildlife Corridor
Management Plan (QWCMP). She noted Council was briefed on this plan at its April
28 workshop and councilors had requested additional documentation. Provided in
the agenda materials were staff memos to the Jefferson Land Trust with comments,
questions and revisions. The draft plan also incorporated changes recommended by
the Planning Commission. Additional supporting materials were also included in the
packet. New versions of the draft Ordinance and Resolution were distributed to
Council just prior to the meeting with minor line-in, line-out revisions. The Ordinance
adopts the plan and the resolution authorizes application for the funding assistance.
Ms. Sandoval asked about lead partner status as written in the management and if
there was a timeframe for implementation. Mr. Sepler said the plan does not include
a specific timeframe. If the RCO grant were successful, this could be addressed.
City Council Business Meeting Page 2 May 19, 2008
Ms. Surber noted missing Figures 2 and 3 are the habitat types described in the
draft plan and a graphic developed to show Levinski and Tee Pee Wetlands. These
graphics just improved what was previously available at the Council workshop.
Public comment:
Barbara McColgan-Pastore endorsed adoption of the QWC plan.
Sara Spaeth of Jefferson Land Trust expressed appreciation for Staffs review of this
plan. With the plan adoption, the City could apply for state funding for furthering
long-term goals for this corridor. She urged those in the audience in support of
Council adoption to raise their hands. Approximately 30 people responded in favor.
Andrew Redding thanked Land Trust, Staff and Council for this presentation.
Mike Biskup spoke in support of Cappy's Trails.
Jim Todd spoke in favor of the Ordinance as being representative of many areas of
wildlife to preserve -another is Kah Tai.
Council deliberation and action:
Mr. Randels supported this as a sound plan and as a great step toward meeting
Comprehensive Plan goals. He spoke of the need to preserve and encourage
development of the more densely zoned lands to their density, for open space, and
affordable housing.
Mr. Butler commented that Tier 1 and 2 properties target a very significant need for
public safety - by acquiring parcels that are in the 100-year flood plain. It also
provides the need for open space.
Ms. Robinson moved to waive Council rules for fwo readings of Ordinance 2976. Mr.
Randels seconded.
Ms. Medlicott said while she is usually opposed to waiving two readings of Council
rules for an item that has bubbled along and is suddenly presented because of an
impending deadline, she is not opposed.
Vote: Motion carried unanimously, 7-0, by rol! calf vote..
Ms. Robinson moved to adopt revised Ordinance 2976, adopting the Quimper
Wildlife Corridor Management Plan: Mr. Randels seconded. Motion carried
unanimously, 7-0, by voice vote.
Mr. Welch thanked the Land Trust for their good work on the plan.
City Council Business Meeting Page 3 May 79, 2008
Ms. Sandoval expressed her appreciation to Council on management of its work
plan. She believes this is the year of collaboration for Council.
Ms. Robinson moved for adoption of Resolution 08-017 authorizing application for
funding assistance for a Washington Wildlife and Recreation Project to the RCO for
the acquisition of habitat conservation land within the Quimper Wildlife Corridor.
Mr. Welch seconded.
Mrs. Medlicott asked about the fiscal obligation of the City. Mr. Sepler referred to
Appendix E and indicated there would be no obligation of city funds.
Ms. Robinson asked to confirm that Item 3 of the Resolution also states the same.
Mr. Sepler reiterated the RCO provides the funding, the match for which comes from
contributions coordinated by the Land Trust.
Vote: Motion carried unanimously, 7-0, by voice vote.
UNFINISHED BUSINESS
RESOLUTION 08-018, AUTHORIZING THE CITY MANAGER TO SIGN A GRANT
AGREEMENT WITH THE WASHINGTON STATE MILITARY DEPARTMENT FOR
A HAZARD MITIGATION GRANT (FEMA-1641-DR-WA) TO SEISMICALLY
RETROFIT THE COTTON BUILDING
Public Safety Analyst Ken Horvath reviewed that in January 2008, the City was
awarded a hazard mitigation grant for a seismic retrofit of the current police station
building, contingent upon that function being removed from hazard zones. Because
of the historical nature of the Cotton Building, once there is engineering and design
approval by the State Historic Preservation Officer, the City would receive the
second part of the grant ($400,000). He reviewed materials in the agenda packet
and requested authorization for the Gity Manager to accept the first phase grant
award in the amount of $33,000 (requiring a $4,125 local match), and to authorize
the City Manager to accept the second phase award for construction upon
completion of the first phase as required by the Mitigation Grant Agreement.
Mr. King asked about the City match. Mr. Timmons responded that the local match
would come from the proposed capital bond, for which Council has given preliminary
approval, so it would be part of the overall project for creating the visitor plaza on the
waterfront and office for volunteer efforts, a bike facility, and public restrooms.
Ms. Sandoval asked if the Police Facility Study was reviewed at the Council
committee level and whether there had been discussion about proposed uses such
as a meeting space other than a visitor's plaza. Mrs. Medlicott noted that it was
presented at the Public Safety Committee and has been discussed at the Lodging
Tax Advisory Committee (LTAC).
Cify Council Business Meeting Page 4 May 79, 2008
Mr. Timmons stated that a public meeting space was incorporated in the preliminary
design concept. The recommendations on Option #2 as the preferred alternative
came before the committees mentioned. The matter of the grant was brought before
Council in the form of Resolution 06-030.
Mr. Horvath explained the City has until January 2009 to complete the design
process for the state Historic Preservation Officer.
Mrs. Medlicott took exception to the references to "Visitors Center" in the 2007 study
and would instead prefer "Visitors Plaza." Ms. Sandoval said approval of the study is
not before Council this evening.
Mrs. Medlicott moved to approve Resolution OS-018, authorizing the City Manager to
sign a grant agreement with the Washington State Military Department for a Hazard
Mitigation Grant (FEMA-1641-DR-WA) to seismically retrofit the Cotton Building. Mr.
Butler seconded. Motion carried unanimously, 7-0 by voice vote.
STATE OF WASHINGTON HAZARD MITIGATION GRANT APPLICATION TO
SEISMICALLY RETROFIT THE SIDEWALK LIDS ON WATER STREET AND
APPROPRIATE SIDE STREETS
Ken Horvath reported on the opportunity to apply for funds to seismically retrofit the
sidewalk lids on Water Street and appropriate side streets. One grant to retrofit
Taylor Street Tunnel lids was submitted in July 2007 and is currently under review
by the State Military Department. The resolution to be presented at the June 2
Council meeting would authorize the City Manager to seek this funding.
Mr. Butler asked about previous collapses. Mr. Horvath responded the sidewalks,
constructed in the early 1900s, are safe for pedestrian traffic, but there is concern
about failure in the event of an earthquake. The repair work is an expensive
undertaking.
RECESS
Mayor Sandoval declared a recess at 7:30 p.m. for the purpose of a break.
RECONVENE
The meeting was reconvened at 7:40 p.m.
RESOLUTION 08-019 -LEVY LID LIFT AND BALLOT MEASURE
City Council Business Meeting Page 5 May 79, 2008
City Manager David Timmons reviewed agenda packet materials on a General Lid
Lift explaining the relationship between initially setting a levy rate, which establishes
the dollar amount to be taken and the limitation to new construction plus one
percent. This amount is then divided by a new assessed valuation, which provides a
new levy rate. Another factor is banked capacity, which is an amount not collected,
but banked until authorized for use by Council. The draft resolutions provide a levy
increase of 75 cents (approximately $916,000) with amounts dedicated to the
Library. Option 1 provided for an immediate levy increase in 2009, Option 2 provided
for aramped-in increase over three years. A proposal today to provide a levy
increase of 75 cents may change to 70 cents as a result of state valuation, new
construction, or other factors that affect the ultimate outcome.
Based on feedback from the Council study session and on legal advice, there was
work to include in the resolution a specified levy. Council desired that funds freed up
in the general fund currently being allocated to the Library would be returned to the
general fund and be redirected to address parks, capital facilities, and deferred
maintenance. The resolution provides the legislative framework for the ballot
measure. A third resolution, provided to Council before the meeting, adds language
that assures the public that if the measure were approved, monies going back to the
general fund would be reallocated for the benefit of the community services fund
(parks, community programs, and community facilities).
Mr. Timmons explained agenda packet Exhibits A (Option 1) and B (Option 2).
Exhibit D reflects the library requirements and a rise in the level of service the first
year, restoring services taken away. The measure would provide the library fund a
full allocation up front in either proposition ($916,000). The fire fund already has a
contractual commitment and would get its full share ($954,154). The difference is
made up by the general fund to allow for the ramping. The initial discount comes
from lowering the amount of the credit to the general fund, which is then transferred
to the community services fund. Even though this is a reduction, it is still a net
increase over the current levy amount of $1.9 million and would be $2.371 million.
Exhibit E shows how these funds would be ramped up to support Parks Functional
Plan goals. He distributed a 2006 City Tax Comparison, showing the City is still well
below comparable averages.
For job growth and economic development, Mr. Timmons explained the City needs
to deal with infrastructure, regulatory framework, but also amenities for quality of life.
Aside from making the library more self sustaining, it would support what Make
Waves is trying to do to develop a pool facility by providing the assurance that the
City has the necessary funds to keep the existing pool operational until they are
successful. One resolution is based on the initial 75 cent levy in Year 1. The second
option is approval of the 75 cent levy, but holding back on the general fund portion
and bringing it up over athree-year term and then reallocating greater resources to
the community services functions (parks and capital facilities).
City Council Business Meeting Page 6 May 19, 2008
Mr. Timmons responded to Councilor questions and recommended the phasing
alternative.
Mr. Watts explained the single purpose ballot measure and the consultation with
Bond counsel on the ballot language. The limitation language is explained in the
resolution.
Ms. Sandoval reiterated that instead of being forced to decide what services to cut in
the areas of parks, recreation, community services and capital facilities, the library
levy would free up funding to address these priorities. Mr. Timmons said the agenda
packet includes exemption programs available for those most at risk. Next year, the
City might want to develop some legislative priorities to make the property tax
system more user-friendly.
Mrs. Medlicott asked for an explanation of capital facilities. Mr. Timmons said they
are non-utility related buildings and grounds throughout the community (Pope
Marine Park Bldg, Library, Bell Tower, City Dock, Union Whart, Pink House, and
playground equipment).
Mr. Butler asked about the exemption for low income citizens. Mr. Timmons agreed
to provide Council more information on the limited income deferral, which becomes a
lien on your property with interest. There are exemptions for seniors and individuals
with disabilities.
Mr. Butler said he would like to see leveraging of the $65K capital outlay in the 2008
Library budget against federal or state grants. Mr. Timmons agreed the Library
could leverage local dollars with technology, program, foundation, and state grants.
Public comment:
Bill Maxwell reminded of the history of the Carnegie Libraries, which stipulated that
libraries had to be free and open. Somewhere in its history, the City also agreed that
10% of the amount of construction would be provided by the City annually for the
support of the library. He thanked staff for their efforts on this measure.
Barbara McColgan-Pastore supported the resolution specifying funding parks,
community services, and capital facilities. She suggested better publicity of this
measure and assigning percentages to be given to the amenities. She also asked
about junior and senior taxing districts. Mr. Timmons responded that he believes the
City's is a senior tax and a Park District would be junior.
Joshua Bennun spoke in support of a library levy and the need for an increased
general budget. He believes it is amulti-purpose, hybrid levy.
John Marckworth, co-president of PT Library Foundation, urged Council to pursue
this funding mechanism.
City Council Business Meeting Page 7 May 19, 2008
David Hero supported the resolution with a ramp up and proposed gathering a
citizen's group to ask questions and then creating a layman's version for the public
Jim Todd supported the resolution and spoke about the library's unique function.
The more informed the citizenry, the better the community.
Andrew Redding supported the resolution and believes funds are needed for
community services such as the Soiler Room and for parks personnel and property
acquisitions to improve corridors.
Fran Post, Library Levy Campaign Manager, asked for a show of hands from
citizens present who are supportive of a levy (approximately 25 in the audience
raised their hands).
Council deliberation and comments:
Mr. Butler believed that sticking together and being a single voice would enhance
the levy's success.
Mr. Randels spoke in support of the resolution with a ramp up. If Carnegie hadn't
done what he did 100 years ago, he would want a free library today. What the
community does with this library is amazing.
Mr. Welch said he would prefer economic development and B&O tax to property tax,
but supports the levy with the ramp up as the key to providing services citizens want
and need. The decline of parks and deferred maintenance is disheartening.
Mr. King expressed his support for this measure. He acknowledged the sacrifice
citizens would make when they pass this measure. Even though we have a low levy
rate, the low rate is a result of how high our property values have become and how
quickly they have risen. Citizen income has not tracked in the same way.
Mrs. Medlicott said while she is supportive of a levy lid lift, she could not support a
ramped up version of the resolution.
Ms. Robinson asked to clarify the amount of the levy increase to 2.38 or 2.31, She
thanked Staff for its work on Council's behalf. Given the uncertain economic times,
she expressed her support of the ramp up.
Mr. Randels pointed out that more lead time is needed for planning. Even if there
were a decision supporting Option 1, there is a real likelihood that some of the
money could not be spent immediately, which is good reason to go for the ramp up.
City Council Business Meeting Page 8 May 19, 2008
Mrs. Medlicott said her reason for supporting Option 1 with the full levy request is
that Option 2 asks for a slight increase each year. The City either has the problem
for which it needs funding or it doesn't. She cannot defend a ramp up.
Ms. Sandoval thanked all City staff for so closely managing their budgets. She
appealed to Mrs. Medlicott for a united vote to present to the community.
Mr. Butler moved to approve revised Resolution 08-019 (with fhe phased in levy
increase and new Section 3. Description of Lid Lift), relating to regular property
taxes; providing for the submission to the qualifred electors of the City at a special
election held in conjunction with the state primary election on August 79, 2008, of a
proposition authorizing the City to levy regular property taxes in excess of the
limitations of ch. 84.55 RCW,~ setting forth the text of the ballot proposition; directing
proper City officials to take necessary actions; and providing for other properly
related matters. Ms. Robinson seconded.
Ms. Robinson asked whether the word "solely" could be included in the ballot
language in the proposed Resolution 08-019. Mr. Watts recommended Staff work on
the language to see how it might best be reworded to stay within the 75-word limit.
Mrs. Medlicott noted that while she supports the levy lid lift, the previous two times
she reviewed the levy possibilities with Staff and with Council, only Option 1 was a
consideration. Option 2 wasn't available until she got her agenda packet.
Vote on Motion: The motion carried, 6-7 by voice vote. Mrs. Medlicott opposed.
Mr. Timmons announced that now that the Council has voted on putting forth a ballot
measure, the PDC rules apply/or are now in effect in regards to City involvement.
NEW BUSINESS
JEFFERSON COUNTY SOLID WASTE MANAGEMENT PLAN
Public Works Director Ken Clow reviewed that Counties and Cities are required to
have a plan and statutes require that the plan be updated periodically. He introduced
County Solid Waste Coordinator AI Cairns and City Public Works Operations
Manager -Streets/Sewer, John Merchant, the City staff representative on the
County Solid Waste Advisory Committee. The Jefferson County Solid .Waste
Management Plan (CSWMP) takes into account the state's Beyond Waste plan.
Following approval of the City resolution would be a County resolution. The plan
would then be submitted to Ecology for final approval. Much of the material has been
condensed into a shorter plan.
City Council Business Meeting Page 9 May 19, 2008
Mr. Randels suggested there should be a review/reconciliation of the waste
diversion goals which differ on pages E5 and E10. It appears the goal has already
been achieved.
Mr. Butler asked about the baseline for the 50% goal. Mr. Clow noted this plan
increases the goal from the previous plan. Mr. Cairns noted Ecology measures
waste diversion and recycling differently than the County would like. The County's
diversion rate is 56% and recycling is 46.1%. The baseline is 2005.
Mr King moved to approve Resoiution 08-020, adopting the final draft of the 2008
Jefferson County Solid Waste Management Plan. Mr Randels seconded. The
motion carried unanimously, 7-0 by voice vote.
Ms. Robinson recommended new Councilors contact Public Works to schedule a
tour of the solid waste transfer station, recycling and compost facilities.
PRESIDING OFFICER'S REPORT
Ms. Sandoval solicited comments on the draft letter to Senators Cantwell and
Murray requesting support of the National Affordable Housing Trust Fund Act.
Mr. Randels said he does not believe this is an effective way to lobby on the issue.
Ms. Robinson moved to approve the letter to Senators Cantwell and Murray
requesting their support of National Affordable Housing Trust Fund Act. Mr Welch
seconded. The motion carried unanimously, 7-0 by voice vote.
There was consensus by Council for adding a cover letter or post script suggesting
Senators forward or share information they believe is appropriate to colleagues who
have not made up their minds.
Ms. Sandoval reported that she has been asked to provide two letters of support:
one for adding a Zip Car enterprise in Port Townsend, and the other for musician
David Michael about playing on the ferries.
Ms. Sandoval announced that Washington State Ferry (WSF) representatives
solicited input from the ferry partnership on getting rid of four steel electrics. WSF
would plan to arrive at a process for disposal by June 1. She asked about Council's
interest in considering the feasibility of retaining one of the ferries in Port Townsend
(sinking as artificial reef or for other waterfront redevelopment efforts).
Ms. Robinson moved to assign Sfaff to look into the possible use and fees of
acquiring one of the steel electric ferries being retired by Washington State Ferries.
Mr. Randels seconded. The motion carried unanimously, 7-0 by voice vote.
City Council Business Meeting Page 10 May 19, 2008
CITY MANAGER'S REPORT
The City was represented in the Rhododendron Festival Bed Race.
David King suggested publishing the video of the recent budget presentation.
COMMENTS FROM COUNCIL
Brent Butler would be leaving on Wednesday for a conference in Bonn, Germany.
ADJOURN
There being no further business, the meeting was adjourned at 9:53 p.m.
Minutes prepared by: Joanna Sanders Legal Assistant.
Attest:
is
Pam Kolacy, MMC
City Clerk
City Council Business Meeting Page 11 May 19, 20Q8