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HomeMy WebLinkAbout12022002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF DECEMBER 2, 2002 The City Council of the City of Port Townsend met in regular session this second day of December, 2002, at 6:30 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 Finance Director Michael Legarsky, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGESTOTHEAGENDA There were no changes to the agenda requested. PRESIDING OFFICER'S REPORT Appointments to Citizen Advisory Boards Motion: Ms. Fenn moved to accept the following recommendations by Mayor Kolff for citizen advisory board appointments. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. Planning Commission: Cindy Thayer (reappointment) Position 3, term exp. 12/31/06 Planning Commission: Frank Benskin (reappointment) Position 9, term exp. 12/31/06 Parks & Recreation Advisory Boar& Rose Sikes (to unexpired term) Pos. 6, exp. 5/01/04 Non-Motorized Transportation Advisory Board: Chris R. dones (to unexpired term) Pos. 8, exp. 5/01/03 Affordable Housing Task Force: LeRoy G. Hornbeck, Position 7 (ad hoc committee, position open due to resignation) Proclamation Mayor Kolff read a proclamation honoring outstanding volunteers in the City Parks. Parking Fees at Fort Worden Mayor Kolff distributed a letter list of points to be included in a letter to the State Parks Commission regarding their decision to institute parking fees at Fort Worden. Motion: Ms. Sandoval moved that the City send the proposed letter, expressing concerns in regard to the institution of parking fees at Fort l'l/orden State Park, with the addition of City Council Business Meeting Page 1 December 2, 2002 a line indicating that the letter lists initial concerns and there may be more impacts to the City. Mr. Masci seconded The motion carried unanimously, 7-0, by voice vote. Water Supply Mr. Clow updated the council on the city's water supply, stating the situation is stable but still urging citizens to use only the water they need and cautioning against waste. Mr. Finnie requested briefings at every meeting. Sister City Mayor Kolff stated that a community group of citizens who are interested in the sister city relationship and activities is being formed and invited council members to participate. CITY MANAGER'S REPORT The City Manager is away and will return next week. PUBLIC COMMENT (consent agenda and non-agenda items) Pat Teal: representing the DASH Board announced "Assume a Disability for a Day" event, the group is looking for high profile people such as city councilors to participate. Richard Wojt (County Commissioner): made remarks about Glen Cove LAMIRD negotiations and urged the council to strongly consider endorsing the proposed letter so the county can go forward with the process on December 9. Dan Tittemess (County Commissioner): noted that he will remain until the Glen Cove item is addressed later in the agenda. James Fritz: made remarks on the Bush domestic security policy. Allen Frank: announced the formation of "Make Our City and County Affordable and Accountable 2, a citizens group which he stated will advocate active questioning of elected officials; the group's platform includes affordability, accountability, seeking information on funding from ctizen groups, and the consequences of"smart growth" advocacy. PUBLIC HEARING MURPHY STREET VACATION REQUEST (LUP 02-049) City Council Business Meeting Page 2 December 2, 2002 Mayor Kolff noted that the applicant has again requested a continuation of the hearing. He asked if anyone were present to comment specifically on the item who would be unable to appear later. There was no one. Motion: Mr. Masci moved to continue the Murphy Street Vacation Public hearing to March 3, 2003. Mr. Youse seconded The motion carried unanimously, 7-0, by voice vote. 2003 BUDGET Mayor Kolff opened the public hearing on the 2003 budget. He asked if any council members had any interests, financial or property, to disclose in connection with this matter. There were none. Finance Director Michael Legarsky did the staff presentation, showing the revised budget which includes some committee recommendations. He also added a list of committee recommendations which have not yet been incorporated into the budget.which totaled $40,750.00. If these expenditures are included, the general fund balance is at 7.8%. He recapped the budget by departments and noted items which have and have not been added. Mr. Finnie asked how much money the 2% contingency translates into. Mr. Legarsky replied $125,000. Mr. Finnie asked if the contingency would be the source for funding for any of the recommended items. Mr. Legarsky replied that it could be used. Public comment Nancy Dorgan: stated that a 0% property tax increase is political posturing, and does not mesh with the effects of inflation and the needs of the street fund. She recommended at least 1% increase and a fall ballot to ask voters to approve use of the banked capacity. She supported funding the Farmers Market as an economic development engine. She suggested that the city not continue to fund the swimming pool and also urged the council to rethink the funding of over $100,000 for the Comprehensive Plan update. Bob Sokol: stated his objections to the $19.10 monthly fee for keeping water pressure in sprinkler systems, stated it is a tax punishment on those who are complying with the law. Barbara McColgan Pastore urged the council to protect the city's revenue stream by protecting the city's parks and public open spaces. She stated that parks are egalitarian places; vibrant, well-maintained and safe parks and open spaces are the quintessential element of a "high quality of life" for all City residents. They also appeal to tourists and other visitors. She advocated increasing year-round staffing for the parks, and noted this would be a partial restoration to the staffing level formally maintained. ( Ms. Pastore provided a written copy of her complete comments.) CRy Council Business Meeting Page 3 December 2, 2002 A1 Frank: asked for more than the allotted three minutes to read a prepared statement. There was considerable discussion about providing extra time. It was agreed he would speak for three minutes initially and be given more time when all others have spoken to be consistent with the public hearing format. A1 Frank: stated that the street fund is being held hostage; he suggested eliminating budget funding for a new BCD employee and cutting down the number of committees and task forces which need staff time; opposed $15,000 funding for the Farmers Market noting city farmers are already being subsidized by the taxpayers and the market already receives free public space; also opposed funding for Jumping Mouse and the Arts Commission, stating that the groups should be getting private donations from concerned individuals. He recommended eliminating funding for library storage and a reduction of $3,000 from the mayor's salary and a reduction of $19,000 from the City Attorney's budget which he believes represents the time spent defending questionable meetings and researching personal agendas. Rebecca Rafuse: suggested funding a Christmas shelter for those in dire need. Paula Mackrow, Olympic Environmental Council and Friends of the Comp Plan, encouraged council to support the arts and the Farmers Market; stated these are important ways of spreading out economic development incentives in a fair and equitable manner. Nancy Dorgan: stated that library storage is no included in the budget and all Mr. Frank's reductions come to less than $100,000. Allen Frank: recommended utilizing $40,000 of the projected ending fund balance to fund streets which would leave $50-70,000 which could be left to the City Manager to generate by June 1, 2002. He noted that the city has been consistently conservative about revenues and expenditures. He suggested that the council identify non-essential and discretionary services and hold them up as the reason for the tax increase, not the street fund. He supported a ballot measure which would establish a three year levy lid lift for street funding. He questioned the provision in 2003 for $85,000 in anticipation of costs associated with 1-790. He stated that citizens who wish to contribute to the city may do so voluntarily through the memorial fund. RECESS The Mayor declared a recess at 8:15 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:28 p.m. Ms. Robinson stated she wished to recuse herself from further discussion of the budget even though she is not legally required to do so, because of her association with Jumping Mouse, an organization which has requested funding from the City. City Council Business Meeting Page 4 December 2, 2002 After council discussion, Ms. Robinson agreed to participate in the budget discussions and action but asked that the discussion format be arranged so that the particular budget issue of non-profit funding be at the beginning or end. At this time the public hearing was closed. Mayor Kolff noted that the requested action is to direct staff to prepare a budget ordinance for first reading on Dec. 9 and adoption on Dec. 16 as well as an ordinance regarding the tax levy rate. Ms. Sandoval stated that the Transportation Committee has not yet met and they will be discussing options for funding streets without a sustainable source for 2003. Mr. Kolff asked first if there are any objections to any of the recommendations currently included in the budget. There was discussion in particular about the proposed new staff member for BCD as well as the need and amount which should be budgeted for consultants. Mr. Finnie stated that he believes the community would support a levy for funding streets if the council first demonstrates they have imposed an austere, "perform within our means" budget. An austere budget would preclude hiring new staff. Ms. Fenn stated she hopes the council will approve a 1% general levy increase which will bring the fund balance to 7.8% and that the voters will be asked in 2003 to approve funding for a dedicated street fund. She suggested dealing with the street fund during strategic budget meetings. She also stated that the same money devoted to an employee would produce a greater number of hours of work than a consultant whose hourly rate is much higher. Ms. Sandoval stated that a serious discussion must take place about sustainable funding for streets; she noted if infrastructure is not taken care of then property values will go down and that will affect economic development. In addition, without properly staffed BCD and Public Works Departments, fewer people will be interested in going through the permit process and this will affect the tax base. Ms. Robinson stated that hiring an employee is an open-ended, potentially long-term commitment. The original 2003 budget contained $40,000 for consultant fees in regard to the Comp Plan which would cover a lengthy scope of work. She stated her inclination is to stick with that plan for 2003 and wait to hire a planner until the Development Review Engineer is in place and we can analyze how that will impact the flow through BCD. She added that the scope of work could be trimmed and that what she has heard that implementation should be the focus rather than reviewing and amending. She also stated she would like to maintain a fund balance of 8% and is not in favor of robbing the City Council Business Meeting Page 5 December 2, 2002 contingency fund because funds will be needed in light of the upcoming Hood Canal Bridge closure. Mr. Youse stated he supports a 10% fund balance and would like to cut expenditures further. He believes the full amount of street funding should come directly from the General Fund and that the council should not be having discussions about whether to fund streets but rather about whether to fund things like charities. Mr. Masci stated his support for no new programs and no new employees, funding the streets and maintaining a 6.5% fund balance. Mr. Kolff stated he believes the additions proposed on the supplemental sheet are additions that the city needs in order to support economic development and the work the city staff does; he stated he believes the council can come up with a budget the vast majority would support. He stated that it may be possible to reduce the ending fund balance to 6.5 or 7% and fund half of the street overlay without raising property taxes. He stated that would show commitment but would also send a message that we don't have enough existing revenue to continue operations as usual. Ms. Sandoval argued against putting off funding as the council must begin dealing with the hard decisions. She stated that the council must face the reality of what level of service we are expected to maintain and that cannot be done, the council must decide specifically where to cut the budget. Mr. Finnie stated the budget package is austere and that we must find a sustainable source for street funding in the long term. He suggested the council make a commitment to fully funding next year through some sustainable mechanism and pass the budget as is. Mr. Kolff stated that the question of what is "within our means" is dividing the council. Ms. Robinson stated it is unlikely a solution will be found before the budget is adopted and urged the council to address the issue immediately in 2003. Mr. Youse suggested funding streets through the General Fund and asking the public to devote banked capacity to funding non-profits. Mr. Fenn stated she considers some of the best money the community can spend is for non-profits, library, etc. which fulfill needs of furore generations. She stated she takes these budget items as seriously as hard infrastructure needs. Motion: Ms. Fenn moved that the council commit in the first quarter of 2003 and culminating in the strategic budget, a discussion about long-term sustainable funding for streets. Ms. Robinson seconded. Mr. Masci stated there is no guarantee the street funding will be approved by the voters and stated the council should make a commitment to fund streets of out the General Fund with the rest of the budget to be adjusted. City Council Business Meeting Page 6 December 2, 2002 Ms. Sandoval stated that if the people do not support a raise in taxes they will know that the consequence is a lack of funding for streets. Vote: the motion failed, 3-4, with Kolff, Youse, Masci and Finnie opposed Motion: Ms. Sandoval moved that staff prepare a budget ordinance including the new adjusted ending fund balance and the inclusion of the additional items totaling $40, 750 recommended by committees, including all final fund amounts. Mr. Kolff seconded Mr. Masci expressed objections to several of the items discussed, including the code administrator, building code adoption funding, and some non-profits. Mr. Finnie also stated he is opposed to many of the items funding but will support the motion so the council will have a draft ordinance to consider at the next meeting when he expects to continue the discussion of certain expenditures. Vote: the motion carried, 5-2, with Masci and Youse opposed Motion: Mr. Masci moved that the council state that funding the Street Fund from the General Fund is a priority for the 2003 budget. Mr. Youse seconded Mr. Kolff stated he could have supported the motion earlier in the year but does not feel it is reasonable at this hour or fair to the City Manager or process. Vote: motion failed, 3-4, by voice vote, with Kolff, Sandoval, Robinson and Fenn opposed ORDINANCE 2824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTER 20.04 OF THE PORT TOWNSEND MUNICIPAL CODE, PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS AMENDMENT PROCESS BCD Director Jeff Randall stated that the proposed ordinance which would specify a modified schedule for the comprehensive plan amendment process. The proposals have been presented in workshops and meetings to the Planning Commission, Council and the Community Development/Land Use Committee. On November 14, 2002, the Planning Commission held an open record public hearing to consider the amendments and, subject to a number of minor changes, recommended adoption. He gave a very brief overview of the changes involved. Public Comment City Council Business Meeting Page 7 December 2, 2002 Nancy Dorgan suggested trimming the amendment schedule back even more, just making sure that the process is on track every seven years. She stated that the staff could pursue other projects without the constant amendment cycle. Paula Mackrow: stated there seems to be a greater need for suggested amendments than formal amendments and believes this is not a logical conclusion. She stated that by doing site specific rezones annually but lands assessment only every couple of years, the city will be out of step with a realistic view of how the Comp Plan zoning map is being implemented, where inventories need changing, ect. Bob Sokol: noted that by moving the application deadline back from March to May, a pending formal application which is now targeted for May 1, 2002, will lose several weeks of preparation time; he suggested starting the new cycle on March 1, 2004. He added that the GMA was visualized as a bottoms up approach and when the free annual suggested amendments are taken away from the people, you take away the basic philosophy. A good idea may be docketed; if overly restrictive on the applications, you may be restricting your goal of transparent government. Mr. Randall suggested that due to the lateness of the hour and other business pending, the council not take action tonight but leave the public testimony open. He stated he would do a more thorough presentation the next time. He added in response to tonight's comments that one reason for limiting suggested amendments is that few have been time critical and many really don't even need comp plan amendments. Motion: Ms. Fenn moved for first reading of Ordinance 2824 and for keeping the public hearing open. Mr. Youse seconded The motion carried, 6-1, by voice vote, with Masci opposed Motion: Mr. Masci moved for approval of the following items on the consent agenda. Ms. Fenn seconded The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 84057 through 84176 1 the amount of $431,750.09 Approval of Minutes Regular session of November 18, 2002 Glen Cove LAMIRD Mr. Watts provided a revised "Tentative Resolution of Issues" Table and a draft letter to the Board of County Commissioners regarding the Glen Cove LAMIRD. The change in the table is an addition to #13 which reads "County take proactive approach with owners to promote buffers; County commits to funding vegetation/tree planting buffer on County properties." City Council Business Meeting Page 8 December 2, 2002 Mr. Watts stated that the "Tentative Resolution of Issues" table document sets forth the city's position subject to further input by the council next Monday night; however he recommended taking some action this evening before the county's public hearing on December 6. He stated this is simply a process letter that will carry the discussion forward until next Monday's meeting. County Commissioner Dan Tittemess stated that under item 15, the county has agreed to provide additional funding, it has not agreed to a specific designation of a special code enforcement officer. Other than that, he expressed no concerns about the form of the agreement. The change could be made by deleting the word "officer" under No. 15 in the "Tentative Resolution of Issues" Table. Ms. Sandoval stated she is unhappy that the process was not true to the Memorandum of Understanding in terms of negotiation and it is not fair to the process to have to speed through it tonight. She does not like the stormwater manual not being passed by either city or county and feels the maximum building size is too large. She stated she feels good about the public process surrounding the expanded Lg3vlIRD boundary; she believes the Commissioners and negotiating team did well as a group moving toward compromise and that they owe it to the citizens of the county to move it forward. Ms. Fenn stated she cannot support the letter, is unhappy about the things that were bargained away and apologized to citizens who did not have full opportunity to comment. She added that the negotiations never dealt with an evaluation of the fiscal impacts of adding this many light industrial acres outside of the city's urban growth area and there has been no analysis of the impact it will have on the city's light industrial zone. She added there is no price tag for the infrastructure, and said that to put this between the Tri Area and Port Townsend is potentially harmful to both UGAs. Mr. Kolff stated that he will support the letter, that he does not believe it is perfect but is a generally good result and also shows the city and county can work together. Public comment: Tom McNemey, Chair of County Planning Commission, stated that the city did not receive the document any sooner because the Planning Commission already had struggled to meet statutory deadlines and a meeting between the city and county prior to the Planning Commission recommendation would have been premature. He said it is unfair to characterize the Board of Commissioners as "dragging their feet" on the negotiations.. Nancy Dorgan stated this is not a resolution; it will allow urban levels of development which will be used to justify a UGA; the county has continued to locate things in Glen Cove that shouldn't be there and they are not holding to 1990 levels of use or to standards for rural character. City Council Business Meeting Page 9 December 2, 2002 Jim Garrett: Glen Cove land owner, stated he has carefully reviewed the documents and thanked the staff and council for all the work and negotiations; he urged the council to support the letter and the conclusions. Motion: Mr. Masci moved to approve the letter, including attachments with amendments. Mr. Finnie seconded The motion carried, 6-1, with Fenn opposed Mr. Kolff stated that any citizen wishing to comment on Glen Cove can attend the County hearing on Friday and that the council will also accept public comment on the issue at the next council meeting on December 9. ADJOURN There being no further business, the meeting was adjourned at 10:30 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 10 December 2, 2002