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Home My WebLink About120511 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF DECEMBER 5, 2011 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session the fifth day of December 2011, in the City Council Chambers at 540 Water Street. The meeting was called to order at 6:30 p.m., Mayor Michelle Sandoval presiding. ROLL CALL Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Development Services Director Rick Sepler, Finance Director Michael Legarsky, Development Review Engineer Samantha Trone, City Engineer Dave Peterson, and Pam Kolacy, City Clerk. CHANGES TO THE AGENDA There were no changes to the agenda. COMMENTS FROM THE PUBLIC There were no comments from the public. CONSENT AGENDA Because of an interest in Item C (Community Development Block Grant), Mayor Sandoval recused herself from the meeting during the vote on the consent agenda. Deputy Mayor Randels presided for the vote. Approval of Bills, Claims and Warrants Voucher 116213 in the amount of$325,358.66 Vouchers 116251 through 116258 plus Electronic Fund Transfers (EFTs) in the amount of$101,047.06 Vouchers 116257 through 116343 in the amount of$222,870.34 Voucher 116304 in the amount of$107.20 Vouchers 116344 through 116367 in the amount of$5,597.14 Voucher 116378 in the amount of$78.00 Vouchers 116368, 116370 through 116377 and EFTs in the amount of$228,769.30 Approval of Minutes October 24, 2011 City Council Business Meeting December 5, 2011 Page 1 of 6 November 7, 201 November 14, 2011 November 21, 2011. Resolution 11-038, authorizing a Community Development Block Grant Loan to Agents of Gray Roots, LLC (Windermere Real Estate Port Townsend) Ordinance 3068, granting a Cable Franchise to Wave Division (Wave). Motion: Mark Welch moved to approve the consent agenda with corrections to the minutes as follows: Nov. 7, page 4, second paragraph, 5th line change "Taylor and Washington"to "Taylor and Water'; change wording in second paragraph from bottom ("..Library Project was ranked tenth, but only nine applications were funded under the State Heritage Capital Grant Program". Nov. 21, page 5 under City Manager's Report, change third sentence to read "A small grant has been received to install flashing lights in the school zones."Laurie Medlicott seconded. Vote: motion carried unanimously, 6-0 by voice vote. PUBLIC HEARINGS (CONTINUED) Ordinance 3069, Adopting the Budget for the City of Port Townsend, Washington, for the Fiscal Year Ending December 31, 2012 Finance Director Michael Legarsky provided additional written materials. City Manager Timmons introduced the item, noting that the fund balance has been restored. Mayor Sandoval stated that the public hearing on the 2012 Budget was continued at the last meeting and asked if anyone wished to make comment. There was no public comment. City Clerk Kolacy noted that written comments had been received from Robert Gray. Consensus of the Council was to delay discussion until December 12. Councilors will direct any questions about the budget to the City Manager in time for responses to be compiled by the December 12 meeting. Mayor Sandoval declared the public hearing closed. OLD BUSINESS Downtown Sidewalk Lid Replacement Project - Overview, Draft Project Priorities and Draft Funding Strategy Public Works Director Ken Clow gave an overview of the presentation. City Engineer Dave Peterson reviewed the distribution of funds from the 2008 Bond proceeds. City Council Business Meeting December 5, 2011 Page 2 of 6 Development Review Engineer Samantha Trone reviewed the sidewalk replacement and streetscape background. Consultant Scott Sawyer reviewed the sidewalk replacement and streetscape infrastructure issues. Consultant Terry Reckord discussed sidewalk replacement and streetscape urban design. It was noted that the plan is to advertise on January 8 and begin work in early February. Built-in scheduling completion incentives to contractors were reviewed. It was acknowledged that the construction will have a significant impact on the affected businesses but that extensive public involvement hastaken place and most businesses are interested in getting the project completed in one phase. Dividing the project into two or more phases would ultimately disrupt the area for a considerably longer total time. The goal is to begin the project by February 6 and finish at the beginning of June. Further presentations by Ms. Trone and Mr. Peterson related to the cost summary for the project and the funding strategy, including a review of the 2010 Bond and FEMA contributions. Development Services Department Director Rick Sepler concluded the presentation with a discussion of project priorities. He noted that a replacement to Attachment 1 has been distributed this evening showing a slightly different order (Underground Utilities moved from #2 to #4, Design Engineering, Construction Management and City Engineering for non-FEMA work moved from #3 to #2). Public comment Julie Jaman noted the presentation materials were not placed so they could be viewed by the audience. She also asked that Council make Haller Fountain a funding priority. Mr. Sepler noted that time is of the essence and staff will return next week asking for approval to proceed with the project as discussed this evening. Staff explained details about the FEMA revenue and expense worksheet, noting the state contribution is rolled into the FEMA contribution. Brief discussion was held, noting that the last priority (streetscape) will be the component most remembered and the most visible improvement to the community. The hardship on the merchants affected was again acknowledged and it was noted that Port Townsend could learn from the Bainbridge Island experience. Motion: George Randels moved to direct staff to prepare a resolution to propose revisions to the project allocations contained in the Capital Initiative Plan for 2012; and City Council Business Meeting December 5, 2011 Page 3 of 6 to direct staff to proceed with the development of a Funding Strategy for the Downtown Sidewalk Lid Replacement Project consistent with the recommended Project Priorities. Mark Welch seconded. Vote: motion carried, 6-1 by voice vote, Laurie Medlicott opposed. Ordinance 3066, 2011 Supplemental Budget Adoption City Manager Timmons noted that this is the second and final reading of the supplemental budget ordinance. Finance Director Michael Legarsky enumerated the three changes that were made since the first draft: Community Services Fund now $8,073 instead of$17,973; Capital Improvement Fund now $1,112,654 from $657,511 and Transmission Line Replacement Fund upgraded from $233,281 to $302,600. Ms. Nelson asked about cutting funding to the equipment rental revolving fund to help balance the budget and whether there was overfunding of the fund. Mr. Legarsky stated that the information she was seeking had been provided to the Council and that he would circulate it again. Mr. Legarsky also explained that the increase in the Capital Improvement Fund budget was due primarily to an increase in the Madison Street budget ($524,000) and interfund loan repayments ($404,000). There was no public comment. Motion: George Randels moved to approve Ordinance 3066, appropriating the sum of $75,072 to the General Fund; $54,996 to the Contingency Fund; $13,990 to the Drug Enforcement and Education Fund; $179,996 the Fire & EMS Fund, $8,073 to the Community Services Fund; $165,610 to the G.0. Debt Service Fund; $1,112,654 to the Capital Improvement Fund; $302,600 to the Transmission Line Replacement Fund, $62,980 to the Equipment Rental & Revolving Fund and making findings and declaring an emergency. David King seconded. Vote: motion carried, 6-1 by voice vote, Kris Nelson opposed. NEW BUSINESS Port Lawsuit versus National Park Service, state RCO and City (Kah Tai) City Attorney John Watts reviewed the packet materials regarding a lawsuit filed by the Port of Port Townsend against the City, the National Park Service and the state Recreation and Conservation Office. The lawsuit asserts that 20 acres of property owned by the Port between Sims and Kah Tai lagoon is not subject to any restrictions from a "project contract' the City and Port signed in 1981 with the state in connection with a federal grant to acquire property and develop a park at Kah Tai. The lawsuit also asserts the City is liable for damages to the Port because of a hold harmless and indemnification provision in a 1982 lease between the City and Port. He noted direction from the Council in the form of the suggested resolution is timely City Council Business Meeting December 5, 2011 Page 4 of 6 because the City is-required to file an answer to the Port lawsuit by mid-December. Public comment: The following spoke in support of adoption of the resolution: Jim Todd Rosemary Sikes Ron Sikes Rick Jahnke Brief discussion followed as council members expressed support for the resolution and suggested adding the term "vigorously" to the resolution title (resist "vigorously" any claim..). Motion: Mark Welch moved to approve Resolution 11-039, directing the City Manager and City Attorney to defend the City in the lawsuit filed by the Port against the City, and support the determinations made by the National Park Service and the State Recreation and Conservation office that establish a 6(f) boundary for 78.5 acres at Kah Tai, and resist vigorously any claim by the Port to require the City to pay the Port damages. David King seconded. Vote: motion carried unanimously, 7-0 by voice vote. PRESIDING OFFICER REPORT Mayor Sandoval reported on the arrival of Santa in Port Townsend. She reminded Council members to complete the City Manager review forms, and to bring calendars to the next meeting so a January retreat can be scheduled. CITY MANAGER REPORT Mr. Timmons stated he will work with staff to make sure packet items are delivered in a more timely manner in the future. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION Mr. Timmons stated that a meeting will be scheduled for December 19. EXECUTIVE SESSION There was no executive session. City Council Business Meeting December 5, 2011 Page 5 of 6 ADJOURN There being no further business, the meeting was adjourned at 10:00 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting December 5, 2011 Page 6 of 6