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HomeMy WebLinkAbout111708CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 17, 2008 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the seventeenth day of November, 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, Michelle Sandoval, George Randels, Catharine Robinson, Laurie Medlicott and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, Public Works Director Ken Clow, Planning Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Welch noted that the Peg Access Coordinating Committee appointment is for a "video professional" position rather than a "videographer" position. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Paul Richmond spoke and provided written comments regarding Border Patrol activities in the area. He asked that Council join with other elected bodies to take a leadership role in stopping these and other Homeland Security activities. CONSENT AGENDA Mr. Randels offered a correction to the October 20 minutes. On page 3, the last two sentences in the first paragraph are fragments and should be combined into a complete sentence. He also commented on Resolution 08-044, adopting a Fair Housing Resolution, noting this should be done as a matter of course, not because we are required to do so for a particular project. He commented on Item F {Hill and Knowlton) that he does not believe their survey data is factual and hopes more accurate data will be gathered. Motion: Mr Randels moved for approval of the following items on the Consent Agenda. Mr. Welch seconded. The motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 1 November 17, 2008 Approval of Bills, Claims and Warrants: Vouchers 106223 through 106442 (and EFTS) in the amount of $1,164, 009.20 Approval of Minutes: October 20, 2008 (with correction) October 23, 2008 Resolution 08-043, designating the City Manager as applicant agent for the State of Washington Pre-disaster Mitigation Grant Program application. Action: Move to approve Resolution 08-043, designating the City Manager as applicant agent for the State of Washington Pre-disaster Mitigation Grant program application. Resotution 08-044, adopting a Fair Housing Resolution Action: Move to approve Resolution 08-044, adopting a Fair Housing Resolution Resolution 08-045, authorizing Community Development Block Grant Loan to Doug & Karen Hankins. Action.• Move to adopt Resolution 08-045 authorizing execution of documents and disbursement of funds for a loan of Community Redevelopment Block Grant funds pursuant fo Resolution No, 88-58 of the City of Port Townsend. Hill & Knowlton -Transportation and Tourism Marketing Action: Move to authorize the City Manager to enter into a professional services agreement with Hill & Knowlton not to exceed $75, 000 fora 2009 marketing campaign. PEG Access Coordinating Committee Appointment Action: Move to approve approval of Pam Roberts to fill the videegraeher video professional position on the PEG Access Coordinating Committee. PUBLIC HEARINGS Mayor Sandoval reviewed the rules of procedure for public hearings and noted the rules would apply to all hearings on the agenda. No Council members declared any financial or property interests in any of public hearing items. ORDINANCE 2994 AN ORDINANCE APPROPRIATING THE SUM OF $260,369 TO THE GENERAL FUND; $102,554 TO THE CONTINGENCY FUND; $22,755 TO THE LIBRARY FUND; $6,000 TO THE PUBLIC WORKS ADMIN AND ENGINEERING FUND; $96,513 TO THE LODGING TAX FUND; $14,400 TO THE COMMUNITY SERVICES FUND; $142,052 TO THE G. O. DEBT SERVICE FUND; $106,539 TO THE CAPITAL IMPROVEMENT FUND; $89,350 TO THE WATER/SEWER FUND; City Council Business Meeting Page 2 November 77, 2008 $18,008 TO THE STORMWATER FUND; $33,336 TO THE EQUIPMENT RENTAL & REVOLVING FUND; $17,000 TO THE GOLF COURSE FUND AND MAKING FINDINGS AND DECLARING AN EMERGENCY Finance Director Michael Legarsky reviewed the packet material. There was no public comment. Mr. Legarsky elaborated on the following items in response to Council questions: District Court Services (total for year is $180,000, since contract was not finalized before adoption of budget last year, the 2008 budget number was preliminary); Chamber of Commerce (set up in 2008 for cost plus basis and large mailing costs were incurred so contract was adjusted); debt service (new bond adopted this year was not reflected in 2008 budget); Police labor (result of recently negotiated labor contract and retroactive pay increases); "emergency" in title ordinance (required by statute); Street Fund (funds go back into fund balance which were not used this year because the County could not get materials to fulfill chip seal commitment). Motion: Ms. Robinson moved for first reading of Ordinance 2994. Mr. Randels seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE NO. 2995 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF PORT TOWNSEND, WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 City Manager David Timmons reviewed the packet materials. He added that initiatives and changes approved by Council will be incorporated into the budget prior to final reading which is scheduled for December 1, 2008. The budget is presented at this time for first reading and to hear comments from the public. There was no public comment. In response to a question from Mr. Welch, Mr. Timmons noted that it appears the revenue the City will receive as a result of the new streamlined sales tax will offset the loss in sales tax revenue from the reduction in new construction. In response to Mr. Randels, Mr. Legarsky noted that some funds have zero balances but are left in the document so that existing funds are all listed. Mrs. Medlicott asked about the impact of not filling a vacant Police position. Chief Daily noted that vacations, sick leave and injury have a larger impact on staffing than the lack of one officer. It is anticipated that when a retirement occurs in the administrative side of the department, a new officer will be hired. City Council Business Meeting Page 3 November 17, 2008 Motion: Mr. Randets moved for first reading of Ordinance 2995. Mr. King seconded. Motion carried, 6-7, by voice vote, Medlicott opposed. ORDINANCE 2996 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.72, ESTABLISHING AN OFF STREET PARKING REQUIREMENT FOR RESIDENTIAL USES IN THE C-III PORTIONS OF THE UPTOWN NATIONAL LANDMARK HISTORIC DISTRICT AND RESCINDING THE PROVISIONS OF ORDINANCE 2984 WHICH REENACTED AND EXTENDED INTERIM PARKING REGULATIONS FOR RESIDENTIAL USES IN THE UPTOWN COMMERCIAL DISTRICT Planning Director Rick Sepler reviewed the packet materials, noting the ordinance before Couricil is the result of considerable public process and work by an ad hoc committee as well as the Planning Commission. There was no public comment. Ms. Sandoval asked about those opposed to the ordinance on the Planning Commission and requested relevant Planning Commission minutes be included in future packets. Mr. Sepler stated that those opposed to the ordinance thought there should also be parking requirements for commercial uses or fees in lieu of provision of parking and at the end they were reluctant to approve the legislation without those provisions. Mr. Randels noted that the fourth "whereas" on page 2, last line should read "recommended approval" rather than "recommended approvalidenial" of the proposed revisions. This was accepted by the Council as a correction to the ordinance. Motion: Mr. King moved for approval of first reading of Ordinance 2996. Mr Butler seconded. The motion carried unanimously, 7-0, by voice vote. EXTENSION OF ORDINANCE 2992 ADOPTING INTERIM REGULATIONS CONCERNING PROVISIONS IN THE OVERLAY DISTRICT IN PTMC CHAPTER17.26 AND THE SPECIAL HEIGHT OVERLAY DISTRICT IN CHAPTER 17.28 City Attorney John Watts reviewed the packet materials, noting the purpose of the hearing is for Council to receive public comment and consider adoption of findings in support of Ordinance 2992. A hearing is required by the Growth Management Act within sixty days of adoption of an interim ordinance. There was no public comment. City Council Business Meeting Page 4 November 17, 2008 Motion: Ms. Robinson moved to leave in place Ordinance 2992 for a period not to exceed six months from its adoption (October 6, 2008), by adopting as findings the Recitals set forth in the ordinance. Mrs. Medlicott seconded. The motion carried unanimously, 7-0, by voice vote. In response to a question from Ms. Sandoval, Mr. Watts stated that the issue will automatically be referred to the Planning Commission for a recommendation. NEW BUSINESS GOLF COURSE MAINTENANCE BUILDING Public Works Director Ken Clow reviewed the packet materials and provided color versions of the maps distributed in the packets. Mr. Timmons noted that if the sale of the property does not go forward, the City may need to go into its capital reserve fund to pay back the loan from the Olympic Gravity Water System Transmission Pipeline Fund. Once the property is reconfigured to take into account encroachment, utility lines, etc., there is not a lot of net valuable land remaining. In response to Mr. King, Mr. Legarsky stated that the OGWS Fund currently has a 3.7 million dollar balance. Mr. Clow stated that the building will be set on a concrete pallet but will not be heated. In response to Ms. Robinson, Mr. Clow noted that this is not the same site originally recommended because of access issues. Building a new street to access the building would be more costly than erecting the building. Public comment: The following spoke in favor of approving funding for the maintenance building: Mary Norwood Tim Caldwell Patsy Caldwell Gary Baird Arlene lardella Mike Early There being no further comment, the Mayor closed the public comment period. Ms. Robinson stated she would support the expenditure because of the Council's commitment, but added she is concerned about not knowing how it will be funded. Noting that the original plan was to sell property to pay for the improvement and that City Council Business Meeting Page 5 November 17, 2008 staff has explained what the obstacles to that plan are, she asked what the contingency plan will be if the property is surplused but doesn't sell. Mr. Timmons stated the City will be increasing reserves for park improvements and the funding could be allocated against those capital reserves if the property is not sold. In answer to Ms. Robinson, Mr. Timmons stated that approving this expenditure does move the land sale up in priority. Mr. Butler asked if this is a potential site for affordable housing; Mr. Timmons stated that it probably is not since when the amount of land is netted out there is only about one buildable parcel. Ms. Sandoval followed up on a public comment and asked whether the golf course is a revenue source for the city. Mr. Timmons stated that under the terms of the lease there is a franchise tax based on sales. That money used to go to the General Fund but now is segregated into an earmarked golf course improvement fund. Mr. Legarsky noted that the income is cyclical and the current year shows revenues of $20,000 and expenditures to date of $16,500. He added that there are years when the fund's cash flow is negative. Mr. King noted that there is a large force of volunteers who assist with golf course maintenance and improvements. Motion: Mrs. Medlicott moved to approve the funding and construction of a 40' x 60' steel frame, metal sheeted maintenance building at the Port Townsend Golf Course and authorize an interfund loan from the OGWS Transmission Pipeline Trust Fund to cover the initial expense of the construction of the building until completion of the sale of the parcels #001024075 and 001023005. Mr. Welch seconded. Amendment: Ms. Sandoval moved to add language to the motion indicating "or another alternative in terms of paying off the loan" after "until completion of the sale......" Mr Butler seconded. It was noted any mechanism for repaying the debt would come back to the council. Ms. Sandoval stated she would not want to have to sell the property if it were not prudent. Vote on amendment carried, 6-1, by voice vote, Medlicott opposed. Vote on main motion as amended: motion carried unanimously, 7-0, by voice vote. RECESS Mayor Sandoval declared a recess at 8:20 for the purpose of a break. City Counctt Business Meeting Page 6 November T7, 2008 RECONVENE The meeting was reconvened at 8:30 p.m. ORDNIANCE 2997 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 1225 PASSED JANUARY 20, 1948 TO VACATE FIFTH STREET BETWEEN CLEVELAND AND WILSON STREETS City Attorney John Watts reviewed the packet materials. He noted that both property owners would have been willing to come, but he advised them that was not necessary and he would convey their support of the ordinance to the Council. Mr. Randels asked why the action required an amendment rather than a new ordinance. Mr. Watts replied that the connection to the 1948 ordinance was based on city mapping and existing assessor's records and a fresh ordinance would trigger an entire new process which he believes is not necessary. Mr. Randels asked whether a time frame should be designated for completion of purchase of the right of way. Mr. Watts agreed and stated that staff would add a closing date to the ordinance prior to bringing it forward for final adoption. There was no public comment. Motion: Mr. Randels moved for first reading of Ordinance 2997. Mrs. Medlicott seconded. The motion carried unanimously, 7-0, by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval stated she would like to set a Council retreat for January. Consensus was that the retreat would take place on January 24. Mayor Sandoval noted that the BOCC has asked to cancel the joint meeting scheduled for Thursday, December 4. She stated the meeting has been cancelled before and that this is disappointing because of the commitment made to having quarterly meetings. The Council agreed to contact the BOCC and ask for a meeting as soon as possible in January; at that meeting the schedule for the year would be mapped out, with one meeting scheduled per quarter. The issue of the elected official meetings was also discussed, and it was noted that the Port has proposed a meeting of elected officials from all the County entities but has not followed up. The Council agreed there should be follow up on this proposal. Mrs. Medlicott left the meeting at 9:00 p.m. City Council Business Meeting Page 7 November 77, 2008 CITY MANAGER'S REPORT Mr. Timmons reported on the ferry bid opening and on scheduled training from Rocky Hill & Knowlton for media and for the local business community on the marketing communications plan. STANDING COMMITTEE REPORTS COMMUNITY DEVELOPMENT/LAND USE Historic Preservation Committee Mr. Butler noted that the CD/LU has three recommendations to the Council regarding Historic Preservation Committee proposals. Charlie Paul and Richard Berg of the HPC were on hand to explain the new historic color palette the HPC would like the Council to adopt. Mr. Berg noted the palette was first created in 1992 and after several years of working with it, the committee has proposed a recommendation to expand the number of colors while still using the same general approach to color, adding more range between darker and lighter colors. The palette expands from 30 to 135 colors but the new colors are basically variations of the original colors. In addition, the new palette has a better and clearer explanation of how the colors may be used by applicants. Council members complimented the committee on their work and by consensus accepted the recommendation of the CD/LU Committee to: 1) Adopt the new Historic Preservation Paint Palette 2) Consider including $19,100 in the 2009 budget for Phase ! of the Historic Homes Inventory Update (already discussed during the budget workshop] 3) Direct City staff to prepare an information sheet about requirements (see HPC's draft) to business license application Proposed Amendment to Critical Areas Ordinance Council members by consensus agreed to accept the recommendation of the CD/LU Committee to direct the Planning Commission to consider a review and text amendment of the Critical Areas Ordinance consistent with the City Attorney's November 6 memo (clean up only, not general re-write), with any recommendation returning to CD/LU before going to Council, with review to include scope of special studies to review impacts to critical areas. City Council Business Meeting Page 8 November 77, 2008 SUGGESTIONS FOR NEXT OR FUTURE MEETINGS Council agreed to cancel the proposed budget workshop scheduled for Thursday, November 20 and to schedule a budget workshop on Monday, November 24. ADJOURN There being no further business, the meeting was adjourned at 9:25 p.m. Attest: r~ l'y Pam Kolacy, MMC City Clerk City Council Business Meeting Page 9 November 77, 2008