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HomeMy WebLinkAbout12162002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF DECEMBER 16, 2002 The City Council of the City of Port Townsend met in regular session this sixteenth day of December, 2002, at 8:10 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval, and Alan Youse. Staff members present were City Manager David Timmons, Finance Director Michael Legarsky, City Attorney John Watts, Finance Director Michael Legarsky, Public Works Director Ken Clow, BCD Director Jeff Randall, Senior Planner Judy Surber, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda requested. Ms. Sandoval stated that she wished to recuse herself from any action on the Coppenrath Street Vacation (consent agenda) because of her real estate business association with the applicant. PRESIDING OFFICER'S REPORT Proclamation Mayor Kolff read a proclamation in honor of Stephen R. Ricketts who is retiring from the United States Forest Service. Appointment Mayor Kolff stated that pursuant to a discussion with Mr. Masci, he would take over the assignment of council representative to the Developmental Disabilities Board. He has been acting as alternate with Mr. Masci as representative. There were no objections. State Parks Commission Visit Mayor Kolff was among the representatives to the State Parks Commission meeting last week who testified in regard to the proposals for charging parking fees in all state parks, including Fort Worden. Some ideas from the Fort Worden Advisory Board were presented. CITY MANAGER'S REPORT Mr. Timmons stated that a draft letter from Puget Sound Energy to the city has been drafted and a final copy will be received within 30 days, pursuant to council's direction at the last meeting and prior to signing the franchise agreement. City Council Business Meeting Page 1 December 16, 2002 Mr. Timmons announced that he and Northwest Maritime Center Executive Director Dave Robison will attend an International Forum on Environment and Culture at the invitation and expense of the Japanese Ministry of Land, Infrastructure and Transport from February 13-17. An answer to a request from the Jefferson County Housing Authority that they be designated as the lead agency for the Jefferson County Affordable Housing Fund has been delayed due to the changes which have recently occurred at the agency. Mr. Timmons also stated that a letter has been received from Jefferson County Domestic Violence/Sexual Abuse informing the city that the safe house project has been fully funded by the Housing Trust Fund and it will not be necessary for the city to administer a CDBG grant for the project. Mr. Clow gave an update on the water system, noting the recent precipitation is bringing levels back up and the turbidity problems are minimal. COMMENTS FROM THE PUBLIC (Consent and Non-agenda items) A1 Frank commented that the prior council took a major step toward freeing up funding for infrastructure by selling the Tri-Area Water System. He also expressed strong feelings about a member of the public searching through council member wastebaskets and retrieving notes after the last meeting. Point of order: Ms. Fenn stated she is uncomfortable with Mr. Frank's tone and asked that the Presiding Officer rule the comments out of order. She believes his comments cast aspersions on citizens and do not have an appropriately respectful tone. Mr. Watts asked that Mr. Frank confine his remarks to the conduct itself rather than the motivation of the individual. Mr. Frank continued, stating any public trust is gone forever and this brand of activism has no bounds and apparently the ends justify any means. He believes these are outrageous tactics. Mayor Kolff stated he cannot accept the type of public comment and asked that Mr. Frank modify his comments. Mr. Frank then made further comments regarding the fact that he was admonished at the last public hearing for not sticking to the subject of the appeal when other public comment was allowed which was off the subject. He said that several people were allowed to address Mr. Kelly directly during the hearing rather than addressing the council on the subject matter and to make comments which were not directly related ~to the public hearing. He believes there is a different set of standards for public comment depending on the source. He noted that the council may not like what he has to say, but should not label his comments as personal attacks. City Council Business Meeting Page 2 December 16, 2002 Don Fristoe stated he believes it is sick and distasteful that someone would dig into the wastebasket to find private notes and stated is shows how low some are willing to go to get their ends. He stated private notes are extensions of private conversation and that it is inappropriate to bring them into a public forum. CONSENT AGENDA Ms. Sandoval recused herself on the grounds of her business connection with Mr. Coppenrath (Item B ) Ms. Robinson noted that the date in the body of the resolution differs from the date on the cover sheet. It was clarified that the date of the public hearing will be Tuesday, January 21 as Monday is the Martin Luther King holiday. Motion: Mr. Masci moved for approval of the following items on the consent agenda with the correction to the street vacation hearing date. Mr. Youse seconded. The motion carried unanimously, 6-0, Sandoval recused. Approval of Bills, Claims and Warrants Vouchers 84176 through 84196 and 84199 through 84340 in the amount of $295,255.77 Approval of Resolution Resolution 02-055, Fixing time for hearing on a petition to vacate a portion of "L" Street (Jens Coppenrath) for Tuesday, January 21. Approval of Ordinance Ordinance 2820, Granting Puget Sound Energy a Non-Exclusive Electric Franchise (Franchise Ordinance must be adopted at a regular business meeting, so this was carried forward from the special meeting on December 9). UNFINISHED BUSINESS ORDINANCE 2825 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN AMENDMENTS TO TEXT AND TABLES WITHIN CHAPTERS IV, LAND USE ELEMENT AND VII, CAPITAL FACILITIES & UTILITIES ELEMENT, VIII, ECONOMIC DEVELOPMENT ELEMENT, IX, GMA & CWPP CONSISTENCY AND CHAPTER X, GLOSSARY OF TERMS OF THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE City Council Business Meeting Page 3 December 16, 2002 (PTMC); IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE GOALS AND POLICIES CONTAINED WITHIN THE PLAN; ADOPTING AN AMENDMENT TO THE LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). Mr. Watts stated that first reading of the ordinance was passed on December 9. He also noted that given the recent action in regard to the Kelly/Jefferson Transit Rezone proposal (LUP02-097), paragraph 21 on page 5 of the ordinance will be deleted. BCD Director Jeff Randall asked the council to consider adding a provision that would delay implementation of the portion of Amendment #6 regarding the increase in required front-yard setbacks for garages to February 1. He said he believes this would allow the department to publicize the change to the community so that applicants would have enough lead time to change plans if necessary. Staff did an informal survey and it appears that almost half of the most recent plans would have violated the new setback rule. In answer to Council questions, Mr. Randall clarified that vesting occurs on the date of submittal of a complete building permit application, so any complete applications received prior to February 1 would be vested under the current rules. Public Comment None Motion: Mr. Masci moved for adoption of Ordinance 2825, strikingparagraph 21 on page five and modifying the implementation date for new front yard garage setback requirements to February 1, 2003. Ms. Robinson seconded. Motion: Ms. Fenn moved to divide the question with implementation date to be considered separately. Ms. Sandoval seconded The motion was defeated 3-4, with Robinson, Finnie, Masci and Youse opposed Motion to amend' Mr. Youse moved to amend the motion by delaying the implementation date for garage setbacks to April 1. Mr. Finnie seconded City Council Business Meeting Page 4 December 16, 2002 Ms. Fenn stated that the more houses designed under the old regulations, the more we are extending the problem; there are good public policy reasons to go forward with implementation when the rest of the ordinance takes effect. Vote: motion to amend was defeated, 4-3, with Fenn, Kolff, Robinson and Sandoval opposed Vote on main motion: motion carried unanimously, 7-0, by roll call vote. Ms. Fenn stated she is happy that C-IV zoning has been removed from the Comprehensive Plan, noting it honors the vision of the citizens. ORDINANCE 2826 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF PORT TOWNSEND, WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2003 Mr. Timmons presented the reconciled budget numbers based on last week's council discussion. He stated the projected ending fund balance, with final adjustments, is 7.5%. The overall appropriation is 23 million dollars ($12.5 million in operations, $9.3 million in capital improvements, and $1.2 million in debt service expenses.) Those are the numbers that cannot be exceeded without a supplemental budget. He added there are still policy questions to be addressed, but not necessarily tonight in the context of adoption of the ordinance. Public comment: Don White spoke in support of the previously proposed appropriation for the Arts Commission and recommended passage of the budget as presented. Motion: Mr. Masci moved for adoption of Ordinance 2826, with the additional transfer of $100, O00 from the General Fund to the Street Fund establishing a 5. 6%fund balance with staff instructed to make necessary modifications to the budget. Mr. ¥ouse seconded. Mr. Youse stated he would not like to see the general fund getting so low but can't envision the city stopping the infrastructure repair that has finally been started. He stated he will support the amendment but still cannot support the budget because of the ending fund balance proposed. Ms. Robinson spoke in favor of keeping the fund balance as presented in the budget under consideration and following up on the Transportation Committee's recommendation to consider supplemental funding for streets if additional funds are available in the fired balance in 2003 after the books are closed. City Council Business Meeting Page 5 December 16, 2002 Mr. Finnie stated he will not support the amendment because it contributes to further deterioration of an already low general fund balance and he does not believe the council will enact the budget cuts he has recommended. Ms. Sandoval spoke against the motion because it will not bring the city any closer to sustainable methods of funding streets. Vote: motion failed, 1-6, with Masci in favor. Motion: Ms. Robinson moved for adoption of Ordinance 2826. Ms. Sandoval seconded The motion carried, 4-3, by roll call vote, with Masci, Youse and Finnie opposed. Mr. Youse requested a council discussion of policies to govern the use of city funds; he stated he has a number of proposals including a policy that all unexpected increases to the fund balance be transferred to the street fund. Mr. Kolff stated this would be an appropriate subject to discuss at the retreat under the topic of legislative priorities for 2003. Motion: Mr. Youse moved to add a discussion of policies to govern the use of city funds to new business on this evening's agenda. Mr. Masci seconded The motion failed, 2-5, with Masci and Youse in favor. Motion: Mr. Youse moved to add the above item to the agenda of a special meeting on December 23. The motion died for lack of a second Motion: Mr. Youse moved to add the above item to the agenda for the January 6 meeting. Mr. Finnie seconded Ms. Sandoval stated she thinks it would be appropriate to discuss the item at the council retreat on January 25 and would prefer to deal with it then, so will opposed the motion. Mr. Kolff spoke in favor of a discussion at the retreat. Vote: the motion failed, 3-4, by voice vote, with Masci, Youse and Finnie in favor. ORDINANCE NO 2827 AN ORDINANCE FIXING AND ADOPTING 2003 PROPERTY TAX LEVIES Mr. Timmons noted that the council voted in favor of a first reading of the ordinance raising the tax levy 1% from the prior year's levy and raising the EMS levy by 1% from the prior year's tax levy on December 9. He stated that his recommendation is that council go forward with adopting the proposed ordinance. Public comment City Council Business Meeting Page 6 December 16, 2002 None Motion: Ms. Fenn moved for adoption of Ordinance 2827. Ms. Sandoval seconded Mr. Masci indicated he would support the EMS levy but not the general levy at this level. Mr. Finnie spoke in favor of adoption, stating that the general fund balance is absurdly low. Mr. Youse shared concern regarding the ending bund balance; however he stated he does not think all the budget expenditure allocations are wholly justified. Ms. Robinson spoke in support of the ordinance, noting there are many unresolved issues such as L&I increase and the 1-790 impacts; she stated that last year's voted budget fund balance was around 6% and she would like this year's to be higher. Mr. Timmons said he believed last year's budgeted balance was 6.8%; he also stated that the estimates are again conservative and the city will probably end up with a higher balance when the final numbers are in. Ms. Fenn noted that the budget is modest and stated expenditures have been cut already to balance increases in labor expenses; she stated that this is the best budget we can produce and will look forward to having long term strategic budgeting discussions to address all the legitimate concerns. Mr. Youse stated that comparing to other cities is not relevant since just because they aren't doing a good job doesn't mean we can't. Ms. Sandoval stated that the state initiatives limiting taxes have resulted in a $300,000 reduction in revenues to the city for transportation projects, including streets. Labor costs are continually rising and the council must think about what kind of community we are trying to create here. Mr. Kolff stated he feels good about the budget and the tax increase, noting it is the responsible and prudent course of action. Vote: motion carried, 5-2, by roll call vote, with Masci and ¥ouse opposed RESOLUTION 02-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH CERTAIN GOVERNMENTAL, NONPROFITS AND OTHER ENTITIES CONSISTENT WITH FISCAL YEAR 2003 APPROVED BUDGET City Council Business Meeting Page 7 December 16, 2002 Mr. Timmons stated that the resolution implements the approved 2003 budget by authorizing the City Manager to execute agreements with various governments, non- profit, and other entities or persons for services. These are re-occurring annual contracts consistent with the approved budget. Two corrections were made to the attached list of contracts. The Farmers Market contract amount is reduced $5,000 (from $15,000 to $10,000) at their request due to receipt of other funding and the Arts Commission contract amount is increased $5,000 to $11,050 (an error in the listing). Public comment None Motion: Mr. Finnie moved to approve Resolution 02-056. Ms. Fenn seconded. Mr. Finnie suggested that in the course of the year the texts of the contracts be routed through the appropriate council standing committees so the council members understand the scope of work involved. Vote: motion carried, 5-2, by voice vote, with Masci and Youse opposed. Ms. Sandoval left the meeting at 9:35 p.m. RESOLUTION 02-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY FOR CERTAIN GOVERNMENTAL SUPPORT SERVICES FOR BUDGET YEAR 2003 Mr. Timmons stated that the contract covers the regional service agreement for computer services and internet for 2003. The amount has been increased $10,000 over last year, with the level of service increasing as well since the county has budgeted for a new staff person in the department. Public comment None Motion: Mr. Masci moved for approval of Resolution 02-058. Mr. Youse seconded In answer to Mr. Finnie's questions, Mr. Legarsky stated the Internet Service Provider for the city and county is the State of Washington. Mr. Youse stated he works regularly with the County department and asked if he should recuse himself. Mr. Watts stated that would not be a basis for recusal. City Council Business Meeting Page 8 December 16, 2002 Mr. Youse complimented the work of the County staff; he added that contracting with the county for this service is a plus and saves the city money over hiring a staff member. Vote: the motion carried unanimously, 6-0, by voice vote. RESOLUTION 02-059 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY FOR CERTAIN LAW AND JUSTICE SERVICES FOR BUDGET YEAR 2003 Mr. Timmons stated Resolution 02-059 approves a regional service agreement for law and justice services including municipal court and jail services. Public comment None Motion: Mr. Masci moved for approval of Resolution 02-0259. Mr. Finnie seconded Motion carried unanimously, 6-0, by voice vote. RESOLUTION 02-060 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY FOR CERTAIN HEALTH AND HUMAN SERVICES FOR BUDGET YEAR 2003 Mr. Timmons stated the resolution provides for a regional service agreement with Jefferson County which covers expenditures for animal control, substance abuse programs (100% of City-generated liquor excise tax), and the remainder of the funding for the BRFSS study. In answer to a question from Mr. Kolff, Mr. Legarsky stated that the city's liquor tax is approximately $27,000. Mr. Masci noted that the total amount for the BRFSS study was less than the original allocation amount ($64,000 instead of $100,000). He added that this year's allocation will fund the final report, conclusions and policy recommendations. Public Comment None Motion: Mr. Masci moved for approval of Resolution 02-060. Mr. Finnie seconded City Council Business Meeting Page 9 December 16, 2002 Ms. Fenn stated she wished the money could go toward implementation rather than another document as there appears to be enough information to act on Mr. Masci commented that new information must be cross-correlated with Clallam and Kitsap counties. Mr. Kolff noted that the study is worth doing well so there will be no questions about its legitimacy and validity. Vote: the motion carried unanimously, 6-0, by voice vote. NEW BUSINESS RESOLUTION 02-057 A RESOLUTION OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING THE CITY MANAGER TO ACCEPT A FEMA GRANT, EXECUTE GRANT AGREEMENT, AND EXECUTE PURCHASE AGREEMENTS CONSISTENT WITH THE GRANT FOR SELF-CONTAINED BREATHING APPARATUS (SCBA), AND COMPRESSED AIR FOAM SYSTEM (CAFS) Mr. Timmons stated that the city applied for a FEMA Assistance to Firefighters Grant program for purchase of Self-Contained Breathing Apparatus and Compressed Air Foam System and has received notification of the grant award. Chief Edwards has recommended purchase of the equipment as quickly as possible. The matching funds ($12,495) from the city are part of the proposed 2003 budget and the expenditure wil be accounted for in 2003. Public comment None Motion: Mr. Masci moved for approval of Resolution 02-057. Mr. House seconded. The motion carried unanimously, 6-0, by voice vote, COMMENTS FROM THE COUNCIL Ms. Fenn suggested that all standing committees will discuss their priorities in January prior to the Advance on January 25 and be prepared to discuss them. EXECUTIVE SESSION At 9:55, Mayor Kolff announced an executive session to deal with 1) real estate transaction; 2) potential litigation; 3) collective bargaining agreement; 4) performance City Council Business Meeting Page 10 December 16, 2002 review. He estimated the session would last for 15 minutes and stated that no action would be taken at the end of the session. At 10:10 p.m., Mayor Kolff announced that the executive session would continue for another fifteen minutes. RECONVENE The meeting was reconvened at 10:35 p.m. ADJOURN There being no gurther business, the meeting was adjourned at 10:36 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 11 December 16, 2002