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HomeMy WebLinkAbout08182003CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF AUGUST 18, 2003 The City Council of the City of Port Townsend met in regular session this eighteenth day of August, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 p.m. by Mayor Kees Kolff. Council members present at roll call were Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval, and Alan Youse. Freida Fenn was absent. Staff members present were City Manager David Timmons, Public Works Director Ken Clow, BCD Director Jeff Randall, Finance Director Michael Legarsky, Planner John McDonagh, and City Clerk Pam Kolacy. CHANGESTOTHEAGENDA There were no changes to the agenda requested. PRESIDING OFFICER'S REPORT Mayor Kolff reported on the Festival of International Goodwill. He introduced Linda Ferris of Gatheringplace. She thanked all involved in the production of the calendars produced as gifts for the FIG guests. Mayor Kolff also acknowledged the donation from Puget Sound Energy which made the financing of the calendars possible. Mayor Kolff read a proclamation honoring Ichikawa Exchange students. He distributed proclamations to the visiting students in the audience. Appointment to Arts Commission Ms. Sandoval moved to confirm the appointment of Frank Vane to the Arts Commission Advisory Board (Position 6, expires May 1, 2006). Mr. Finnie seconded. The motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT Mr. Timmons asked Public Works Director Ken Clow to give the Council a brief update on the status of the water system and current capital projects. Information regarding coordination of Port Townsend and Jefferson County Building Department Services was distributed. Mr. Timmons noted that productive talks are ongoing with the County. In addition to building services, Information Technology support from the County will be increased. City Council Meeting Page 1 August 18, 2003 In answer to a question from Ms. Sandoval, Mr. Timmons stated that staff is preparing the application for the infrastructure fund and will meet the deadline; the application will focus on projects the council has already set as a priority. Mr. Masci asked that the agreements regarding the PT Business Park be made available to the Council as soon as possible. Mr. Finnie left the meeting at 7:00p. m. PUBLIC COMMENT (Consent and Non-Agenda Items) Bo Bricklemyer: stated that the tree remaining in the Morgan Hill Pump Station staging area is endangered and requested that the City Council take immediate action to save it. (Public Works Director Ken Clow stated that his department has been very busy with the aftermath of the Aldrich's fire but that he is meeting with the contractor this week and will pass on the concern.) Ms. Sandoval requested that Mr. Clow contact the Council and let them know when action it taken. CONSENT AGENDA Motion: Mr. Masci moved for adoption of the following items on the Consent Agenda. Mr. Youse seconded The motion carried unanimously, 5-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 805031 through 805037 in the amount of $69,327.70 Vouchers 86910 through 87038 in the amount of $443,226.74 Approval of Minutes Regular Meeting of August 4, 2003 UNFINISHED BUSINESS ORDINANCE 2835 AN ORDINANCE appropriating the sum of $222,693 to the General Fund; $15,000 to the Contingency Fund; $10,000 to the Community Development Block Grant Fund; $51,380 to the Lodging Tax Fund; $15,687 to LID #1 Fund; $396,657 to the Capital Improvement Fund; $21,140 to Water and Sewer Fund; $220,000 to the Utility Construction Fund; $8,977 the Stormwater Fund; $31,252 to the Solid Waste Fund; $200,000 to the Equipment Rental Fund; $4,946 to the Firemen's Pension Fund; $247,000 to the Transmission Line Replacement Fund; and making findings and declaring an emergency. City Council Meeting Page 2 August 18, 2003 Mr. Timmons stated that although action had been taken on the ordinance at the last regular meeting, additional action was needed because state law requires a five-day waiting period between the introduction of the supplemental budget and the adoption. Finance Director Michael Legarsky noted that only five Councilors were present and recommended that the action on the supplemental budget on August 4 be considered the first reading, and that the ordinance be held until the full council is present to vote. He suggested it be schedule for the next regular meeting, September 2. City Attorney Watts suggested that the Council take action to remove the reference in the August 4 meeting minutes to the vote on the waiver of Council Rules so the August 4 motion to approve the ordinance would, in effect, become a first reading of the ordinance. Motion: Mr. Masci moved to rescind the paragraph on page 4 of the August 8 minutes, which refers to the vote to waive council rules. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. RESOLUTION 03-022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OR PORT TOWNSEND GRANTING FINAL PLANNED UNIT DEVELOPMENT AND BINDING SITE PLAN APPROVAL FOR PHASE II OF THE TREEHOUSE CONDOMINIUM DEVELOPMENT Ms. Robinson recused herself from discussion and action, citing personal friendship with project Architect Richard Berg, who is acting as her campaign manager. Planner John McDonagh stated that Phase I of the development was finalized in January, 2003 and the developer now seeks approval of Phase II, which involves the creation of two new lots, along with all required infrastructure. Lot 2/3 is 38,068 square feet in size and is to be developed with a maximum of nine condominium dwellings. Lot 4 is 15,438 square feet in size and will be developed with a maximum of five condominium dwellings. He added that the developer has installed the required Phase II utilities and established a bond with the Public Works Department for the remaining infrastructure requirements. Final details of an addendum to the Planned Unit Development Agreement are being resolved, along with final perimeter and interior lot landscaping. There were no clarifying questions from the Council. There was no public comment. Motion: Mr. Youse moved for adoption of Resolution 03-022. Mr. Masci seconded. The motion carried unanimously, 4-0, by voice vote (Ms. Robinson recused). City Council Meeting Page 3 August 18, 2003 NEW BUSINESS INTERLOCAL AGREEMENT FOR ADMINISTERING SURCHARGE FUNDS GENERATED BY SHB 2060 (PROVIDING FUNDS FOR LOW INCOME HOUSING PROGRAMS) Mr. Timmons stated this item is intended for a first touch. He suggested referring it to the Community Development/Land Use Committee and noted that there is a need to coordinate the legislative actions of the various government agencies involved. Mr. Masci received clarification that this does not directly involve city financing, that the $10 fee is applied to documents filed at the County. Mr. Timmons noted that Mr. Masci is the Vice Chair of OlyCAP and asked if he had comments. Mr. Masci stated that OlyCAP is the only agency capable of coordinating the distribution of funds, that the amount of total funding will be fairly small but that it will help defray some costs that accrue when developing the types of housing projects targeted. He recommended that the Council take action immediately. Public comment: None Motion: Mr. Masci moved to approve disbursement of SB 2060funds to OLYcap as proposed and to authorize the City Manager to execute all necessary documents and agreements regarding the disbursement. Ms. Robinson seconded The motion carried unanimously, 5-0, by voice vote. RESOLUTION 03-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTIONS FOR THE NEGOTIATED SALE OF LIMITED TAX GENERAL OBLIGATION BONDS FOR THE CITY IN AN AMOUNT UP TO $400,000 Mr. Timmons stated that the Fire Station project requires a local share as part of the overall budget. Repayment of the local share will be part of the annual budget process. If a bond is issued, principle payments will be $20,000/year for 20 years. Bond offerings of less than $1,000,000 are more expensive than those of greater amounts. He added that, in addition to the local share, the City will need to cash flow the project while seeking grant reimbursement; this will require a line of credit to pay construction costs over the next 18 months. He added that the grant agreement has been approved; the only item necessary to finalize the agreement is a resolution authorizing the local share commitment. The resolution presented is a first touch action and the issuance of the bond must be done by Ordinance and coordination with other financing needs. Currently, the General Government and City Council Meeting Page 4 August 18, 2003 Finance/Budget committees are discussing the possibility of bundling other projects into a more cost effective bond. He stated the final action would parallel the 2004 budget adoption schedule. In answer to Ms. Sandoval's question about the time line, Mr. Timmons stated staff would like to have the grant package submitted this week, accompanied by this resolution; he added that the resolution could be qualified in some manner directing the City Manager not to go forward with the sale of bonds until completion of the budget process. Public comment: None Motion: Mr. Masci moved to adopt Resolution 03-023 amended as follows: in the second paragraph, after the words Councilmanic bond" insert add "or other sources of funds" and in the third paragraph, add the following at the end of the first sentence: "or to allocate funds from the General Fund to cover costs, or establish a line of credit to expedite cash disbursement to be repaid with General Fund monies." Mr. Youse seconded. Vote: The motion carried unanimously, 5-0, by voice vote. ORDINANCE 2836 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 10.04 PARKING, SECTION 10.04.194, FIFTEEN-MINUTE PARKING, TO PROVIDE FOR ADDITIONAL FIFTEEN- MINUTE SPACES Mr. Timmons noted that the City Manager and Police Chief recommend providing three 15-minute parking spaces at 400 Washington Street. Currently, the "lot" has no specific parking regulation, so the City limitation of 24 hours parking unless otherwise specified, applies. There are 12 head-on spaces currently which are used all day by people visiting the businesses there. The recommended proposal is to designate three of them as 15- minute spots. He added that the proposal can be considered interim, pending further work by the Parking Committee, but the problem is sufficiently obvious and severe to warrant action while the overall parking plan is pending. Mr. Masci asked if this had come through the Transportation Committee. Ms. Sandoval noted it was mentioned at the Committee level but no formal recommendation was made. Public comment There was no public comment. Motion: Ms. Sandoval moved for first reading of Ordinance 2836. Ms. Robinson seconded. City Council Meeting Page 5 August 18, 2003 There was a brief discussion of 15-minute versus 30-minute parking zones. Vote: the motion for first reading carried unanimously, 5-0. STANDING COMMITTEE REPORTS TRANSPORTATION COMMITTEE Ms. Sandoval recapped the discussion regarding a street levy, which took place at the Transportation Committee level. Mr. Masci noted some corrections to the minutes of the August 5 Committee meeting. Public comment None Mr. Masci moved that the City delay proposing a ballot measure for a street levy in 2003 on the primary ballot of September 16 due to the short timeframe, that staff provide information regarding the November general election or other future elections and cost for ballots, information regarding costs for the last two years of street projects, projections of upcoming street projects, "essential" or mandated city services and other information pertinent for public education, and that the council declare its intention to undertake a full fledged education campaign leading to multiple proposals to fund streets within the next six months or less. Ms. Sandoval seconded. The motion carried unanimously, 5-0, by voice vote. GENERAL GOVERNMENT COMMITTEE Mr. Masci summarized the discussion that occurred at the General Government Committee regarding the inclusion of repairs and upgrades to the swimming pool in a possible bond issue, which would "bundle" projects. Public Comment Laurie Medlicott: stated she appreciates the benefits to the population of having a community swimming pool, but strongly recommends this not become a city project or obligation. She noted there are other avenues through which a swimming pool can be established. Terri McQuillen: spoke of the importance of a pool to the youth of the community. Ms. Robinson asked for clarification that by this motion, the Committee was actually requesting information rather than directing action to enter into an agreement. Mr. Kolff stated that the intention was to explore options, see what the legal issues might be and whether the school district might be open to such a proposal. City Council Meeting Page 6 August 18, 2003 Mr. Robinson asked what the current lease conditions are. Mr. Timmons stated the lease is currently year-to-year but if we were to commit to financing, the City would have to have a longer-term commitment on use of the facility. Ms. Sandoval asked about the circumstances of the City taking over the pool. Mr. Timmons stated the County walked out on the pool and since then the City has stepped up and operated it from the City budget. Motion: Mr. Masci moved to direct the City Manager to make a written inquiry to the School District regarding lease options for purchase of the swimming pool or other equity sharing arrangements or other vehicles to maximize the effect of city investments with the school district through any vehicles that can be negotiated Ms. Sandoval seconded Mr. Masci noted the school might be able to do a special levy; he said we need to make the school district aware that options must be explored and discussed. Ms. Sandoval added that one issue is whether the City needs to own the pool in order to make sure we have it for the citizens; she added that the Council needs more detailed information about the costs of various options for repairing, maintaining, or upgrading the facility. Ms. Robinson suggested thorough exploration of partnerships with both the school district and the county, as the pool is a community resource, not just a city resource. Mr. Timmons stated that staff is currently in active discussion, but he would feel comfortable incorporating that into the motion. Amendment by consensus: Add "and seek additional partners" Mr. Youse stated that county residents do not pay city taxes which support the pool; the City needs to explore establishing higher fees for county residents. He added that the pool is not a great facility and is a huge drain to the City's pocket book; he said the Council must make sure the community wants this expenditure. Mr. Kolff stated that it should be noted that the City did step up to the plate and provide funding for the pool when it was abandoned by the county and the City received no additional funding for taking over support of the pool; he stated we must recognize the effort the City has put forth in continuing to preserve this amenity for the citizens. Vote: motion as amended to include "and seek additional partners " carried unanimously, 5-0, by voice vote. Ms. Sandoval excused herself at 8:15 p. m. City Council Meeting Page 7 August 18, 2003 RECESS Mayor Kolff called for a recess of the meeting at 8:15 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:25 p.m. WORKSHOP TREE CONSERVATION STANDARDS ORDINANCE BCD Director Jeff Randall presented an overview of the proposed ordinance regarding tree conservation standards for pre-development tree removal, for new development, and for landscape maintenance of existing commercial and multi-family developments. He noted that the Planning Commission had recommended adoption of the ordinance after conducting an open record public heating on July 31. He added that at the continued public hearing on August 14, the Planning Commission also recommended adoption of related ordinances regarding the city becoming a "Tree City USA" and the creation of a "landmark tree" program. He stated that tonight's presentation was scheduled to provide the Council with an overview of the proposed ordinance and to respond to questions and clarifications the Council may have concerning the ordinance, which is scheduled for an open record public hearing before Council on September 2, 2003. Mr. Randall proceeded to give an overview of the proposed tree conservation ordinance. Mr. Masci requested copies of the overhead material, which was not supplied in the packet. He also asked for copies of the related ordinances (Tree City and landmark tree) as soon as possible. Clarifying questions included: Definition of a "lot" (referred to definition section). How was the eight inch exemption determined (the Committee considered this more easily understandable than "significant" trees. Why was the 40,000 s.f. area determined? (It was determined by the committee that 40,000 s.f. is equivalent to the most common block of land in the city and is a common term in the code for density calculations. Mr. Randall stated it was a compromise by the Committee among varying opinions. He added that if the Council wished to change this (example: to an acre) there probably wouldn't be objections. City Council Meeting Page 8 August 18, 2003 How did the Committee arrive at the tree density numbers (survey of other cities which have adopted similar regulations - the most commonly protected number was 40 trees per acre which was converted for our purposes to 40 trees per 40,000 square feet.) What is the source of the tree unit credits and why the requirement to replace 2 for 17 (It was considered to be simpler than coming up with the exact number of trees) What is the source for the 20% canopy cover? (This is unique to Port Townsend and was a result of citizen committee discussion.) Mr. Randall also stated that members of the citizen committee would be attending the public hearing so they will also be available to answer questions. EXECUTIVE SESSION At 9:15, Mayor Kolff announced the Council would go into Executive session regarding potential litigation and property acquisition. He stated the session was expected to last about 30 minutes, with no action anticipated. At 9:45, the Mayor announced the Executive Session would last approximately thirty more minutes. RECONVENE The meeting was reconvened at 10:10 p.m. ADJOURN There being no further business, the meeting was adjourned at 10:12 p.m. Attest Pamela Kolacy, CMC City Clerk City Council Meeting Page 9 August 18, 2003