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HomeMy WebLinkAbout03042002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF MARCH 4, 2002 The City Council of the City of Port Townsend met in regular session this fourth day of March 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Port Townsend Girl Scouts performed the flag ceremony and lead the pledge of allegiance. PRESIDING OFFICER'S REPORT PROCLAMATION Mayor Kolff read a proclamation in honor of Girl Scout week. Ginny Harvey spoke on behalf of the Girl Scouts. ROLL CALL Councilmembers present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Geoff Masci, and Michelle Sandoval. Ms. Robinson and Mr. Youse were excused due to illness. Staff members present were City Manager David Timmons, City Attorney John Watts, BCD Director Jeff Randall, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. A short break was held to sample Girl Scout cookies. CITY MANAGER'S REPORT Mr. Timmons announced that the Public Works Department is submitting an application for a Community Forestry Assistance Grant for $9,300 with a 50% match, to develop a tree planting list for our area. He also reported that the City may be invited to an international meeting in Japan sponsored by the Systems Research & Development Institute of Japan. A representative will be visiting the City March 13-15. Mr. Timmons stated that the Board of County Commissioners has scheduled March 18 for review and possible action on the Glen Cove Light Industrial/Commercial District boundary. Staff is reviewing materials and meeting with County representatives. City Council Business Meeting Page 1 March 4, 2002 Motion: Ms. Sandoval moved to assign issues relating to County Glen Cove land use issues to the Council representatives to the doint Growth Management Steering Committee to formulate recommendations to the Council concerning any City response to the County proposals. Ms. Fenn seconded. The motion carried unanimously, 5-0, by voice vote. The next item addressed was a letter from the Jefferson County Community Network regarding recreational programming. Motion: Ms. Fenn moved to forward the letter and information to the Parks and Recreation Advisory Board in conjunction with other recreation related discussions. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. Mr. Timmons then reviewed a letter from the Jefferson County Board of Health requesting consideration of instituting a gambling tax to fund essential public health services. Motion: Ms. Sandoval moved that the issue be taken under consideration by the Community Development and Land Use Committee. Ms. Fenn seconded. The motion carried unanimously, 5-0, by voice vote. The subject of a decibel-based noise ordinance was proposed for the council's work plan. Mr. Masci stated the General Government Committee would be an appropriate venue because of the enforcement aspect. Motion: Ms. Sandoval moved that the noise ordinance be part of the Community Development and Land use Committee workplan. Ms. Fenn seconded. The motion carried unanimously, 5-0, by voice vote. COMMENTS FROM THE PUBLIC (consent agenda and non-agenda items) Nancy Dorgan: suggested rescheduling the next meeting of the city representatives to the Joint Growth Management Steering Committee because the parcel analysis from the county is not yet available and there is not much the committee can do without it. Commented about the many different logos identifying the City, such as different patches for police and fire employees, varying letterheads, web site and suggested more consistency would be desirable. She also stated that the lettering on the Water Street door into the City Hall building is covered with letters identifying it as the museum, but nothing identifying it as City Hall. She suggested sharing the space for proper identification of the building. Jeff Kelety: stated that the town will shortly have another chain store food provider and urged that the council move forward with a chain store ordinance. Don Miller: said his concerns regarding noise had already been addressed by the City Manager. City Council Business Meeting Page 2 March 4, 2002 Mr. Timmons noted that the issue of the City Hall door lettering will be brought up at the upcoming breakfast meeting between elected officials and the Historical Society. CONSENTAGENDA Motion: Ms. Sandoval moved for adoption of the the following items on the consent agenda. Mr. Masci seconded The motion carried unanimously, 5-0. Approval of Bills, Claims and Warrants Vouchers 80041 through 80186 and 80200 through 80225 in the amount of $236,783.65 Approval of Minutes Regular Session of February 19, 2002 Special Business Meeting of February 21, 2002 Special Business Meeting of February 25, 2002 Approval of Resolutions RESOLUTION 02-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DECLARING THE CITY COUNCIL'S INTENT THAT MODIFICATIONS OF PLANNED UNIT DEVELOMENTS APPROVED PRIOR TO ADOPTION OF PTMC 17.32.130 SHALL BE PROCESSED ACCORDING TO PTMC 17.32.130 RESOLUTION 02-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, POSTPONING THE QUESTION OF ANNEXING THE CITY LIBRARY TO THE COUNTY LIBRARY DISTRICT RESOLUTION 02-008 A RESOLUTION OF THE CITY OF PORT TOWSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN A PUBLIC WORKS TRUST FUND LOAN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOMENT FOR WATER PRESSURE IMPROVEMENTS TO THE MORGAN HILL AND JACOB MILER AREAS OF THE CITY'S WATER SYSTEM Approval of Action City Council Business Meeting Page 3 March 4, 2002 Authorize the City Manager to sign a construction contract with the lowest responsible responsive bidder for the Washington Street Infiltration and Inflow Removal Project. UNFINISHED BUSINESS MAJOR INDUSTRIAL DEVELOPMENTS - INTERLOCAL AGREEMENT City Attorney Watts introduced the item. The document before council was approved by the Board of County Commissioners on February 25; the agreement is the same document approved in concept at the City Council's February 19, 2002 meeting, except for changes made for clarification and which do not affect the intent of the agreement. He added that the BOCC also adopted amendments to the Unified Development Code on February 25 and briefly described the amendments, which did not incorporate all the suggestions of the City's representatives. Public comment None Motion: Mr. Masci moved to authorize the City Manager to execute the Interlocal Agreement for Processing Applications for a Major Industrial Developments Pursuant to RCW 36. 70A.365. Ms. Fenn seconded. The motion carried unanimously, 5-0, by voice vote. SOLID WASTE AGREEMENT AND ORDINANCE RESOLUTION NO. 02-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND WASHINGTON AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH D.M. DISPOSAL TO PROVIDE SOLID WASTE DISPOSAL SERVICES AND THE ASSOCIATED BILING FOR THESE SERVICES ORDINANCE 2800 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 6, HEALTH AND SANITATION, SECTION 6.04 SOLID WASTE COLLECTION AND DISPOSAL, AND SECTION 6.06 LOW INCOME DISABLED, SENIOR SOLID WASTE RATE REDUCTION PROGRAM, RELATING TO RATES, SOLID WASTE CONTRACTOR AND OTHER PROVISIONS CONCERNING SOLID WASTE COLLECTION AND DISPOSAL Mr. Timmons introduced the item, noting that the details of the agreement were discussed at the February 19 Council meeting. He introduced representatives of DM Disposal who City Council Business Meeting Page 4 March 4, 2002 were present - Edward (Eddie) Westmoreland, Division Vice President, and Rick Banta, Manager. He added that the City has gone through lengthy discussions trying to work out all the final details and we are 99% there; the rate schedule was discussed in great detail with the object of achieving a linear rate structure. Mr. Timmons stated that the City is concerned about the accuracy of the data which must be used to assure that rates are going to work long term; the proposal is made with the understanding that information will be gathered during the first year and the rates reassessed at the end of that period in terms of unit pricing. The City will be working with the vendor to improve the level of customer service and customer relations; contractor billing will mean that more informational and educational materials can be provided to customers as part of the billing. The new system is scheduled to start on May 1 because of the transition time needed to adjust to the bimonthly billing cycle. Public Comment Nancy Dorgan: stated she had been misquoted by the Leader regarding her prior comments about the solid waste contract. She said her point is that utility rates should reflect the actual cost of operating the utility. The City should not be paying for street repairs through a hidden tax on garbage funds. Additional monies from General Fund revenue should come from identified revenue sources and not be hidden inside an inflated administrative fee. The new contract should not perpetuate the error even though extra revenue is sorely needed, not for the Utility Fund but the General Fund. She added that by the time the council goes to the voters for approval, it may be too late to gain the trust they need; she urged the City to take advantage of the remaining seven months to educate citizens about the true state of city finances. Tim Berenfiels: stated his biggest concern is the paradigm shift in waste disposal, but looking at the way we do our billing so we can promote recycling is most important. More waste generates revenue but generating rates for revenue is not good; look at the "pay as you throw" mentality rather than trying to generate revenue. Motion: Mr. Masci moved to suspend Council rules and make the first reading for Ordinance 2800 the second and the third by title only. Mr. Finnie seconded. The motion carried unanimously, 5-0, by voice vote. Ms. Kolacy read the title of the ordinance. Motion: Mr. Masci moved for adoption of Ordinance 2800. Mr. Finnie seconded. Ms. Kolacy read the ordinance title. The motion then carried unanimously, 5-0, by roll call vote. City Council Business Meeting Page 5 March 4, 2002 Motion: Mr. Masci moved for approval of Resolution 02-004. Mr. Finnie seconded. Mr. Timmons responded to public comment. He stated the concept of linear rate structure was not to provide an incentive for people to pay less and produce more; what we are trying to do is build in several more opportunities and effort to encourage recycling. The biggest problem currently is that there are not a lot of local opportunities for recycling; a goal built in to the contract is to have a program in place within one year to move more materials out of the waste stream. The utility tax is a very common practice and the administrative costs to administer the program are significant. The bills will be completely clear so all customers understand what they are paying to the General Fund. Ms. Sandoval asked to confirm that this will mean there is no longer a Solid Waste Fund in the city budget. Mr. Timmons stated that is correct. Mr. Banta and Mr. Westmoreland commended the staff for their diligence and stated they were looking forward to the new association with the City. kote: the motion carried unanimously, 5-0, by voice vote. REVISIONS TO CITY COUNCIL RULES OF PROCEDURE ORDINANCE 2798 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, SECTION 2.04.010, PORT TOWNSEND CITY COUNCIL RULES, BUSINESS MEETINGS - SCHEDULE, AUTHORIZING CERTAIN ACTIONS AT COUNCIL STUDY SESSIONS AND WORKSHOPS Mr. Watts introduced the ordinance, noting the topic had been discussed at an earlier council session. Motion: Ms. Sandoval moved to suspend council rules and make the first reading the second and the third by title only. Mr. Finnie seconded The motion carried unanimously, 5-0, by voice vote. Ms. Kolacy read the title of the ordinance. Motion: Mr. Finnie moved for adoption of Ordinance 2798. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by roll call vote. Mr. Watts introduced the topic, noting that the marked changes were primarily housekeeping and clarifications. He outlined four outstanding topics: 1) time limit per councilor speech - should it be limited to five minutes rather than ten for each of the two allowed speeches per topic; 2) desire or necessity for additional rules on decorum; City Council Business Meeting Page 6 March 4, 2002 3) whether to modify the "three-touch" rule; 4) whether or not to modify the two reading rules for ordinances. (the proposed rules would simply allow a majority of councilmembers to take action and pass an ordinance. Mr. Watts noted that Ms. Robinson was concerned about doing away with the two reading rules as a minority who wanted more process may not be respected. He suggested that in deference to her absence, the council might wish to retain the rule until she returns to participate in the discussion. In response to a question from Mr. Finnie, Mr. Watts noted that the 9:30 deadline for ending council meetings would only apply if a council member requested a vote on whether to continue the meeting. Unless that affirmative action were taken, the council business would continue. Public comment Pete von Christiersen: asked if there were another way to define important things; he stated it is important to have first and second readings for important items, but no need to hold up meetings for less important items which are done by ordinance. Nancy Dorgan: stated her opposition to county residents serving on any of the City's citizen advisory boards. She also advised eliminated the first sentence in the second paragraph under 4.2.12 alluding to communications from advisory groups being verbally acknowledged for the record since that has never been the practice. She repeated her objection to quasi-judicial street vacations. Motion: Ms. Sandoval moved to adopt the revisions to City Council Rules of Procedure as presented Ms. Fenn seconded Motion to amend: Mr. Masci moved to amend Rule 1.5 by strildng the words "state the reason for such absence" Mr. Finnie seconded Mr. Masci stated that the reasons for an absence will be personal or city-related business and requiring the specific statement of reason is going way beyond the pale of courtesy. Ms. Fenn stated her belief that this is important public information and should be provided to the voters. Vote: the motion failed, 3-2, with Councilors Fenn, Sandoval and Kolff opposed Motion to amend: Mr. Masci moved amend Rule 1.5 by removing the language after "state if the member's absence is excused or not" which reads "or put the matter to the vote of the Council" through the end of the paragraph. Mr. Finnie seconded The motion carried unanimously, 5-0, by voice vote. City Council Business Meeting Page 7 March 4, 2002 Motion to amend: Mr. Masci moved to amend section 1.09(a) to replace "shall" with "are strongly encouraged to ".. take the Washington Association of Cities annual training. Mr. Finnie seconded The motion carried unanimously, 5-0, by voice vote. Motion to amend: Mr. Masci moved to amend the motion by striking language in 1.14 which states "and generally assist anyone to locate "preceding "recorded proceedings for .... Mr. Finnie seconded Mr. Masci noted he would prefer to see all of 1.12 and 1.13 removed since the sections refer to staff rather than council; however the line in particular is unnecessary since that is a function which is understood. Vote: the motion carried 3-2, with Councilors Sandoval and Fenn opposed Mr. Masci suggested the council address the citizen comment regarding a residency requirement for Advisory Board members. There was consensus in favor of leaving the language as is ("shall be a resident of and/or work in the City of Port Townsend.") Mr. Finnie asked for clarification on the "9:30" rule. He recommended simplifying the language. Mr. Watts clarified that the language reflect the intent of the council that the meeting go on past 9:30 unless a majority vote to end at that time. Motion: Mr. Finnie moved to strikeall the changes in 3.9 and continue with the prior protocol on the "two reading" rule for ordinances. Mr. Masci seconded Mr. Finnie stated that if the Council attempts to fast track too many ordinances they are showing disrespect for the community. Ms. Fenn stated there are a wide range of ordinances and some may be appropriately adopted on first reading. Vote: the motion carried 4-1, by voice vote, with Councilor Fenn opposing. Vote on main motion as amended: motion carried unanimously, 5-0, by voice vote. BREAK The Mayor announced a short break in the meeting at 8:30 p.m. RECONVENE The meeting was reconvened at 8:40 p.m. NEW BUSINESS SIMS WAY/KEARNEY STREET PEDESTRIAN PATH City Council Business Meeting Page 8 March 4, 2002 Mr. Timmons summarized the project, noting that it includes construction of a pathway connecting the Haines Place Park & Ride with the sidewalk near the Tides Inn, including improved ADA accessible crossings at Kearney Street and a connection through the Triangle Park to the new sidewalks at Water and Walker Streets. The project is funded 80% by a Federal Highways Enhancement Grant with a 20% match from the City's REET funds and is included in the 2002 budget. There will be pubic input during the design process. Motion: Mr. Masci moved to authorize the City Manager to award a bid to the lowest responsive responsible bidder for construction of the Sims Way/Kearney Street Pedestrian Path project. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. LEGISLATIVE WORK PLAN/PRIORITIES Mr. Timmons stated that he and the mayor have reviewed the materials from the retreat and have made suggestions regarding the legislative work plan and project responsibility. The new lists break down tasks among council committees and advisory boards. He stated that it would be useful to tap into the resources and groups already established for many of the items. Public comment Pete von Christiersen: commented on the need for a citizen advisory board to address affordable housing issues. Mayor Kolff asked for Mr. von Christiersen's extended comments in writing. Motion: Mr. Finnie moved to accept the City Manager's recommendation for assignment of tasks designated to the council committees or citizen advisory boar&for code revisions. Ms. Fenn seconded. The motion carried unanimously, 5-0, by voice vote. Motion: Mr. Finnie moved to accept the City Manager's recommendation for assignment of Advisory Board/Task Force council committee guidance. Ms. Sandoval seconded. Mr. Finnie commented that is many cases there might be involvement by more than one committee; often the Finance Committee is the first step and then forwards to another committee to address other aspects of an issue. The motion carried unanimously, 5-0, by voice vote. City Council Business Meeting Page 9 March 4, 2002 Motion: Ms. Sandova! moved that the work plan priorities presented by the City Manager be adopted Ms. Fenn seconded The motion carried unanimously, 5-0, by voice vote. Ms. Fenn suggested another council retreat in April or June. Mr. Timmons stated it is a good time to regroup and find out what's working and what is not. Mr. Finnie noted his opposition to a retreat. It was noted by the manager and other council members that the thought was not to take an entire day, but an evening meeting. Also in regard to the work plan, Mr. Masci suggested that staff research the matter of domestic partners being included under the Code of Ethics. He suggested research and a report back in 60 days. Ms. Fenn stated the issue is not that complicated and the time frame could be shorter. Motion: Mr. Masci moved that staff research adding domestic partners to the Code of Ethics and return to the council with a suggested amendment. Mr. Finnie seconded. The motion carried unanimously, 5-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 9:20 pm Attest Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 10 March 4, 2002