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HomeMy WebLinkAbout02222000PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 22, 2000 The City Council of the City of Port Townsend met in regular session this twenty-second day of February, 2000, at 6:30 p.m., in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Council members present at roll call were Joe Finnie, Allen Frank, Veto Garrison, Geoff Masci, Syd Lipton, and Alan Youse. Forrest Rambo was excused. Staff members present were City Manager David Timmons, Interim City Attorney Steve Olsen, Building & Community Development Director Jeff Randall, and City Clerk Pam Kolacy PRESIDING OFFICER'S REPORT Mayor Masci read a memo from the city clerk regarding council rules. He then referred to a letter from Public Utility District # 1 regarding a regular quarterly meeting of elected members of Jefferson County municipal governments. Motion: Mr. Frank moved to authorize the mayor to sign a Memorandum of Understanding between Port Townsend Jefferson County, PUD #1 o f Jefferson County and the Port of Port Townsend to provide a formal commitment for a regularly scheduled meeting of Jefferson County municipal corporations. Mr. Finnie seconded. Public comment: None Vote: after brief discussion, the motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT Mr. Timmons referred to a letter in the packet from Cascade Natural Gas regarding the possibility of a natural gas franchise in Port Townsend. Motion: Mr. Frank moved to refer the matter to the PSE Franchise Committee. Mr. Lipton seconded. Public comment: None City Council Minutes Page 1 February 22, 2000 Vote: the motion carried unanimously, 6-0, by voice vote. A request from PUD #1 to allow Oak Bay Baptist Church to connect to the City water system was then brought up for discussion. Mr. Timmons noted the location is probably about 100 feet from the water line; although the water supply is not unlimited, the request seems to be reasonable and unique. Public comment: None During brief council discussion, Mr. Youse asked for clarification that this action would not result in a precedent for others who wished to hook up to city water. Mr. Timmons noted that the agreement would be crafted as a unique situation and would not be precedent setting. Motion: Mr. ¥ouse moved to authorize the city manager to draft a resolution allowing Oak Bay Baptist Church to connect to the city water system that would preserve the integrity of the city's policy and cover a unique situation. Mr. Lipton seconded Vote: the motion carried unanimously, 6-0, by voice vote. COMMENTS FROM THE PUBLIC (Non-agenda items) Nancy Dorgan: Opposed to the appointment of Bernie Arthur to the Planning Commission CONSENT AGENDA Motion: Mr. Frank moved for approval of the following items on the consent agenda. Mr, Youse seconded Mr. Finnie commented for the record that he strongly disagrees with the decision not to reappoint Nik Worden to the Planning Commission. Vote: the motion carried 5-1, with Mr. Finnie objecting as stated above. Approval of Bills, Claims and Warrants: Vouchers 70819 through 71002 in the amount of $212,532.07 Approval of Minutes: Regular meeting of February 7, 2000 and study session of February 14, 2000 Confirmation of appointments: Planning Commission: Bemie Arthur, William Wolcott Community Oriented Policing Advisory Board: John Ebner, Tony Reid, Stephen Streaker Parks & Recreation Commission: Kenny Schordine City Council Minutes Page 2 February 22, 2000 Approval of resolutions: RESOLUTION 00-015 A Resolution of the City Council of the City of Port Townsend Authorizing the City to Execute a Professional Services Agreement with the Boiler Room for Calendar Year 2000 Contract Services in the Total Amount of $2,500 RESOLUTION 00-0016 A Resolution of the City of Port Townsend Authorizing the City Manager to Execute an Agreement between the City and the Nonprofit Domestic Violence Sexual Assault Program for Calendar Year 2000 in the Amount of $18,873 UNFINISHED BUSINESS ORDINANCE 2734 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLCING SECTION 13.03.110, SYSTEM DEVELOPMENT CHARGE DEFERRALS FOR LOW INCOME HOUSING Mr. Timmons presented the ordinance and mapped out the current and proposed processes. The proposed amendments will streamline the funding process and make it more predictable and understandable. Public Comment: Jean Camfield, Habitat for Humanity. Asked for clarification regarding ability for a low-income person buying the property to seek a waiver of interest charges. Mr. Timmons noted that that language was not changed. Motion: Mr. Frank moved to suspend council rules, which would allow adoption of the ordinance this evening. Mr. Finnie seconded The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Frank then moved for adoption of Ordinance 2734. Mr. Finnie seconded Mr. Finnie asked for clarification regarding transfer of the property. Answer: the deferred charges are payable at the time of transfer to any party. Mr. Garrison questioned the definition of"low income." Mr. Timmons noted this is a federal City Council Minutes Page 3 February 22, 2000 HUD guideline, and that that clarification could be attached to the ordinance. Mr. Frank asked for confirmation of the legality of using the utility fund for this process. Mr. Timmons noted that it would be listed as lien receivable. Mr. Frank questioned the aggregate mount and also noted he would prefer approval by the City Manager rather than the BCD Director. Motion: Mr. Frank moved to remand the ordinance to the city manager for redrafiing on three points: modify the ordinance to clarify the definition of "low income" and change approval authority to City Manager rather than BCD Director and look into a method for placing a cap on the total dollar amount of deferrals that could accumulate. Mr. Garrison seconded. Vote: the motion carried unanimously, 6-0, by voice vote. ORDINANCE 2735 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLACING SECTION 20.09.070, FEE REFUNDS AND EXEMPTIONS Mr. Timmons introduced the ordinance, noting it is a companion to the previous ordinance. The permit waiver fee deferrals will now be payable to the city on sale of the property. Monies will be returned to the general fund. Public Comment: Jean Camfield, Habitat for Humanity: expressed appreciation for fee waivers for qualified individuals. Motion: Mr. Youse moved to suspend the rules and consider adoption of the ordinance this evening. Mr. Frank seconded. Vote: the motion carried unanimously, 6-0, by voice vote. Motion: Mr. Finnie then moved for adoption of Ordinance 2735. Mr. Frank seconded. Mr. Lipton questioned the inclusion and definition of "duplex dwelling" on page 2, item 2. Mr. Timmons noted that that is the existing language, but staff could come forward with a subsequent amendment addressing that issue. He also agreed that language would be adjusted as suggested for the previous ordinance, designating the granting authority as the "City Manager or designee" rather than "BCD Director". Vote: The motion carried unanimously, 6-0, by roll call vote. RESOLUTION 00-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AMENDING SYSTEM DEVELOPMENT CHARGE (SDC) DEFERRALS FOR QUALIFIED APPLICANTS, IN ACCORDANCE WITH PORT TOWNSEND MUNICIPAL CODE 13.03.110 City Council Minutes Page 4 February 22, 2000 Mr. Timmons noted that passage of the resolution would allow deferrals for the current Habitat for Humanity project. Public Comment None Motion: Mr. Frank moved for adoption of Resolution 99-0017. Mr. Youse seconded Amendment: Mr. Lipton posed a friendly amendment to add the property description to the Resolution and to insert ordinance numbers into the blanks. Mr. Youse seconded Maker accepted the amendment. Vote: Adoption of resolution as amended carried unanimously, 6-0, by voice vote. ORDINANCE 2736 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING TITLE 13 OF THE PORT TOWNSEND MUNICIPAL CODE, CREATING A NEW SECTION 13.03.120, EXEMPTIONS, TO CHAPTER 13.03, SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER CONNECTIONS TO CLARIFY EXEMPTIONS FOR ACCESSORY DWELLING UNITS AND PROPERTIES WHICH ARE NOT CONNECTED TO THE CITY INFRASTRUCTURE SYSTEM BUT HAVE PAID MONTHLY WASTEWATER SERVICE FEES; AND AMENDING CHAPTER 13.22, SEWER CONNECTIONS, OF THE PORT TOWNSEND MUNICIPAL CODE, SECTIONS 13.22.010 AND 13.22.020, TO REVISE REQUIREMENTS FOR CONNECTION TO THE CITY'S MUNICIPAL WASTEWATER COLLECTION SYSTEM IN ACCORDANCE WITH THE PORT TOWNSEND WASTEWATER COMPREHENSIVE PLAN Mr. Timmons presented the ordinance, noting that passage would bring the code into consistency with the adopted Comprehensive Plan amendments. Public comment None Motion: Mr. Finnie moved to suspend council rules and allow adoption of the ordinance this evening. Mr. Frank seconded The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Frank then moved for adoption of Ordinance 2736. Mr. Frank seconded During council discussion, several issues related to the code section but outside the scope of the present ordinance were raised, including the method of dealing with septic systems built before 1992. Mr. Timmons noted that these issues may be addressed in the future as a separate amendment to the code as directed by the council. City Council Minutes Page 5 February 22, 2000 Vote: Motion to adopt Ordinance 2736 carried 5-0, with Mr. Garrison abstaining. Motion: Mr. Lipton then moved that the City Manager look into hookups and wastewater charges after 1993 and how those relate to SDCs. Mr. Youse seconded The motion carried, 5- O, with Mr. Garrison abstaining. NEW BUSINESS ORDINANCE 2737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING CHAPTER 2.20 OF THE PORT TOWNSEND MUNICIPAL CODE, REVISING THE OFFICE HOURS FOR CITY OF PORT TOWNSEND MUNICIPAL OFFICES Mr. Timmons announced that this ordinance was a "housekeeping" matter, but asked that it be delayed until the next agenda so that he could do minor revisions, which had recently come to his attention. Motion: Mr. Frank moved that consideration of the ordinance be postponed until the next council meeting. Mr. Finnie seconded The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING CHAPTER 2.04 OF THE PORT TOWNSEND MUNICIPAL CODE, CHANGING THE DAY OF THE WEEK FOR THE CITY COUNCIL REGULAR BUSINESS MEETINGS AND STUDY SESSIONS Mr. Timmons noted that the ordinance was presented tonight as directed by the council at the last study session after their discussion of the issue. Public comment: Scott Wilson, publisher, P.T. Leader. Spoke in opposition to the ordinance, noting that the change in meeting day would delay the weekly paper's coverage of council meetings by several days. Nancy Dorgan: Spoke in opposition to the ordinance. Motion: Mr. Finnie moved to postpone discussion and action and remand for further information and to allow more public comment. Mr. Lipton seconded Motion: Mr. Lipton moved to amend the motion to include a date certain of March 20for action on the ordinance. Mr. Youse seconded The motion to amend carried 4-2, with Mr. Frank and City Council Minutes Page 6 February 22, 2000 Mr. Garrison opposed Vote on the main motion as amende& the motion failed on a 3-3 vote, with Mr. Youse, Mr. Garrison and Mr. Frank opposed Motion: Mr. Youse moved to approve first reading of the ordinance and schedule further discussion and action to the March 20 meeting. Mr. Frank seconded. The motion carried unanimously, 6-0, by voice vote. Ms. Kolacy read the ordinance by title. RESOLUTION 00-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO APPLY FOR CENTENNIAL GRANT FUNDING/STATE REVOLVING FUND LOAN FOR GAINES STREET PUMP STATION REPLACEMENT AND SEWER TRUNK LINE UPGRADE Mr. Timmons noted that staff recommends approval of the resolution to apply for funding for these projects. Public comment: None Motion: Mr. Garrison moved for adoption of Resolution 00-018. Mr. Frank seconded The motion carried unanimously, 6-0, by voice vote. FUTURE AGENDA ITEMS Mr. Finnie noted that misinformation regarding the televising of council meetings needs to be addressed. He proposed that television coverage be discussed at the next work session so council members can come to consensus about their requirement for coverage. He noted the request will be taken to the PEG Access Coordinating Committee so the committee can figure out how to provide the coverage desired b the council with the resources available. He noted that the station is currently short of trained volunteers but is working on a plan. EXECUTIVE SESSION Mr. Masci adjourned the meeting to executive session at 8:17 to discuss a personnel issue and a real estate transaction. He anticipated the session would take about five minutes and that action was anticipated after the session. City Council Minutes Page 7 February 22, 2000 The meeting was reconvened at 8:29 p.m. At that time Mr. Timmons requested a suspension of council rules so that action in court could be commenced for the acquisition of the property. He stated the condemnation was a "friendly" action, and that the parties needed the process to take place for protection of corporate interest of their properties. ORDINANCE 2739 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROVIDING FOR CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY Motion: Mr. Frank moved to suspend council rules to enable action on the item tonight. Mr. Finnie seconded The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Frank then moved to adopt Ordinance 2 739. Mr. Finnie seconded. The motion carried unanimously, 6-0, by roll call vote. ADJOURN The meeting was adjoumed at 8:31 p.m. Attest: ~J Pamela Kolacy, CMC City Clerk City Council Minutes Page 8 February 22, 2000