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CITY OF PORT TOWNSEND CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF DECEMBER 1,2003
The City Council of the City of Port Townsend met in regular session this first day of
December, 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 6:36 p.m. by Mayor Kees Kolff. Council members
present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Geoff Masci, Catharine
Robinson, Michelle SandovaL and Alan Youse.
Staff attending were City Manager David Timmons, City Attorney John Watts,
Finance Director Michael Legarsky, Public Works Director Ken Clow, and
Fire Chief Ed Edwards.
CHANGES TO THE AGENDA
Mr. Masci requested the removal of Item VIII. C (A WC Worker Compensation
Retrospective Rating Program 2004) from the consent agenda. The item was placed
under New Business as Item X.D.
PRESIDING OFFICER'S REPORT
Motion: Mr. .\1asci moved to confirm the appointment of Martin Vetere to the Civil
Service Commission toIll! Position 2, an unexpired term ending December 31, 2004. Ms.
Robinson seconded. The motion carried unanimously, 7-0, by voice vote.
Mayor Kolffread a proclamation honoring Matt Lyons, Jefferson County Higher
Education Coordinator.
Mr. Lyons and Deb Johnson of Peninsula College, thanked the Council for the
recognition.
Mayor Kolff stated he has been asked for a letter of support regarding the local effort to
save the Boy Scout House to the Chief Seattle Council. He presented a draft letter and
consensus was to present the letter as written to the neighborhood group.
CITY MANAGER'S REPORT
City Manager David Timmons updated the council on several upcoming hearings and
meetings. He also gave an update on the water system and the damage from the holiday
storm. The Public Works Department is estimating the expense for the clean up of the
transfer span damage.
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December 1,2003
COMMENTS FROM THE PUBLIC (consent and non-agenda items)
Marla Streator asked for a moratorium on the cottage housing ordinance; she referred
specifically to the impacts of the current Wildwood development.
Al Cairn also spoke in regard to the shortcomings of the cottage ordinance.
RECESS
At 7 :00 p.m., Mayor Kolff announced a brief recess for the purpose of a break and for
staff to set up for the budget presentation.
Mr. Youse left the meeting at 7:01 p.m.
RECONVENE
The meeting was reconvened at 7:05 p.m.
PUBLIC HEARING
ORDINANCE 2843
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF PORT
TOWNSEND, WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31,
2004
Mayor Kolff reviewed the rules of order for a legislative public hearing. He asked if any
Council members have any interests, tìnancial or property, to disclose in connection with
the matter. There were none.
City Manager David Timmons made the staff presentation.
Mr. Kolffreported on the status ofthe parking fees at Fort Worden in light of the
county's failure to contribute to the fund. He noted that Fort Worden and State Parks are
negotiating for a nine-month program rather than a full year.
Mr. Finnic stated that the Finance/Budget Committee has forwarded a recommendation to
the council to approve earmarking of L T AC funds of up to $20,000 in case of a shortfall;
he emphasized that the purpose was not to make up for failure by other entities to
contribute.
Mr. Finnie and Ms. Robinson also noted that the Finance/Budget Committee has not
recommended taking a city contribution of $25,000 from the contingency fund.
Publie Comment
Nora Porter stated support for paying fees in lieu of parking for part of the year; she is
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Decemher I, 20(J3
confident the other $10,000 can be raised.
Jack Molsness commented that the 2004 budget indicates the City is missing rcvenue
opportunities and opportunities to reduce costs to taxpayers and rate payers. He noted
particular issues including the golf course, NW Maritime Center, Snow Creek land
exchange, and future secondary water treatment. He also quoted an article stating that
Cities cannot fund projects for the attraction of private development.
Terry fogerson asked why the City plans to provide hospital transport when a private
service exists in the community.
Greg Walsh, representing Jefferson Life Link, stated two quality transport programs
couldn't survive. He said it would be costly and unnecessary for the City to compete
with Life Link. He read a letter from Dr. Brent Wesenberg into the record.
Brad Bringgold stated Life Link is meeting his needs and asked why the City would
duplicate the service.
Staff response:
City Manager Timmons replied to several of the concerns of the speakers. He noted the
funding and revenues for hospital transport are placeholders and the City has been in
aetive discussion with the hospital district for over a year about the issue.
Council questions:
Mr. Masci inquired about more aggressive user fees. Mr. Timmons replied he has
directed that all fees be raised by 20%.
Mr. Masci expressed concerns about depleting the contingeney fund through the $25,000
proposed expenditure. Mr. Timmons agreed this would weaken the City's position of
having a 4% contingency fund by 2006.
Regarding the expenditure of city funds to attract private development, Mr. Watts stated
he would research the matter and get back to the Council with comments on the
referenced article and legal implications.
Motion: M<;. Sandoval moved to approve first reading of Ordinance 2843. Ms. Fenn
seconded.
Ms. Robinson noted she is opposed to funding the $25,000 parking fees from the
contingency fund; she said the Hood Canal Bridge closure will affect both sales tax and
L T AC revenue and it is important for the City to have that cushion.
Mr. Finnie stated he wants to know how the $25,000 will be replaced in the contingency
fund before he will approve the expenditure.
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December 1, 2003
Ms. Fenn and Ms. Sandoval spoke in support ofthe expenditure.
Ms. Robinson stated she would prefer that the money be taken direetly from the General
Fund.
Mr. Masei expressed coneerns about minimal funding of streets from the General Fund;
staff expansion and reorganization; and addressing fundamental assets through bonds.
He also stated the capital improvement program is premature and over optimistic.
Ms. Sandoval stated her concern about under funding for Tier I incentives, would like
more funding for streets under the program.
Ms. Sandoval and Ms. Fenn both expressed desire for a complete discussion of the
restructuring of BCD and hiring of additional staff.
Ms. Fenn noted that the City has deferred maintenance for years and it must be
addressed.
Vote: motion carried, 5-1, by voice vote, with Masci opposed.
RECESS
Mayor Kolff announecd a recess at 8:50 p.m. for the purpose of a break.
RECONVENE
The meeting was reconvened at 9:00 p.m. Mayor Kolff requested that Deputy Mayor
F enn conduct the remainder of the meeting.
Mr. Finnie left the meeting at 9:00.
CONSENT AGENDA
Afotion: Mr. Ko(ff moved to approve the following items on the consent agenda with the
following correction to the minutes of November 17, 2003: page 5, fÓurth paragraph
from the bottom "vote on amendment" should read "failed, 3-4. with Masci, Finnie and
Youse in favor; Kolff, Sandoval, Fenn and Robinson opposed." Ms. Robinson
seconded. Motion carried unanimously, 5-0, by voice vote.
Approval ofthe following Bills, Claims and Warrants
Vouchers 88029 through 88181 in the amount of$671,688.61
Vouchers 88184 through 88188 in the amount of$7,350.59
Vouchers 1 ]20031 through 1120037 in the amount of$68,558.71
Approval of Minutes as Corrected:
November 17,2003
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December 1, 2003
UNFINISHED BUSINESS
ORDINANCE 2844
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON.
PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL
OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL
AMOUNT OF $1,620,000 TO FINANCE A SWIMMING POOL, FIRE STATION,
W AVE VIEWING GALLERY AND BELL TOWER, AND PROVIDING THE FORM
AND TERMS OF THE BONDS.
Mr. Timmons noted that this is a capital package proposal. It is up to the Council to
approve the projects for inclusion.
He added he has met with representatives of the YMCA and they have indicated they are
going forward on a pool project. The bond has been tied to the calendar year so should
be adopted eoincident with the budget and funds will then be available immediately in
2004.
In answer to a question from Mr. Kolff~ Mr. Timmons noted that the approval ofthe bond
would probably be eonsidered a plus for receiving grant money, as it shows the intent to
compete projects. He also said we would not be tied to spending on these partieular
projects but the bond disclosure statement would state the funds could be used only for
"qualified capital expenditures."
Ms. Robinson asked where the Bell Tower money eame from. Mr. Timmons stated it
was borrowed from the reserves.
Public comment:
None
Mr. KoHl suggested the substitution of the City Hall restoration projeet for $750,000 for
the $500,000 pool funding - and plmming to explore the pool as part of the Metropolitan
Park District. He stated he believes the othcr issues are all issues whieh need to be dealt
with.
Ms. Robinson expressed some concern about leaving the pool out completely sinee the
City has taken on that rcsponsibility. She asked if a lesser amount would do any good.
Mr. Timmons stated we could determine a minimum amount, which would address the
more serious coneerns, which are probably ventilation and lining. He stated the Bell
Tower could be removed from the proposal, and the $150,000 designated for basic pool
repair.
Mr. Timmons said he is concern about the pool funding which is amortized for 20 years;
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December I, 2003
we need to have a long-term agreement with the School District.
He also stated that if the amount of the bond goes above 1.9 million, it qualifies for bond
insurance which then lowers the interest rate.
The eouncil asked staff to bring forward information as follows:
A comparison of the numbers which would result from adding in another $500,000 and
getting the break on interest;
Detailed repayment plan;
List of the improvements covered by the $750,000 for City Hall.
Motion: Mr. Ko(ff movedforflrst reading o.lOrdinance 2844 subject to minor
modtfications to the list in the draft ordinance. Mr. Masci seconded.
Amendment: Mr. Masci proposed to amend the motion to spec(fy a total dollar amount
" 1.6 to 2.3 million dollars" There were no objections.
Vote: Motion as amended carried unanimously, 5-0, by voice vote.
ORDINANCE NO. 2845
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
PROVIDING FOR THE ISSUANCE AND SALE OF GRANT ANTICIPATION
NOTES OF THE CITY IN THE PRINCIPAL AMOUNT OF $1,780,000 FOR THE
PURPOSE OF FINANCING IMPROVEMENTS TO THE CITY'S FIRE STATION
AND PROVIDING THE TERMS OF THE NOTES
City Manager Timmons stated that this bond is similar to a construction loan and is a
limited note. Funds for the construetion of the new fire station will be released as
reimbursements so funding is needed up front.
In answer to Mr. Masei's questions, Mr. Timmons stated it would probably result in
about an $18,000 interest payment. He also noted that the last time this type of project
was done (Union Wharf) the City was critieized for finaneing the project through
interfund loans. He also stated the interest costs have been factored into the construction
costs.
Publie eomment
Jack Molsness spoke in opposition.
Motion: Mr. Masci movedfor approval o.ffirst reading of Ordinance 2845. Mr. Ko(fl
seconded. Motion carried unanimously, 5-0, by voice vote.
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December 1,2003
NEW BUSINESS
ORDINANCE 2846
AN ORDINANCE OF TI-IE CITY OF PORT TOWNSEND AMENDING THE PORT
TOWNSEND MUNICIPAL CODE BY REPEALING CHAPTER 13.05 UTILITY
RATES AND CHARGES, SECTION 13.05.030 MONTHLY WATER RATES, TO
RESCIND THE 2004 DECREASE IN WATER RATES
City Manager David Timmons noted that the City is currently engaged in a rate study
which will take into consideration cash flow, capital needs, operations, and debt service.
which have all ehanged since the original survey whieh set current and future rates. He
stated that the rate consultant has recommended that the 2% decrease projected for 2004
should be rescinded. The 2% deerease would have redueed utility bills approximately
$2- $4 per month. He added that a full discussion of the study would be scheduled for
the beginning of the year. The Finance/Budget Committee did rcceive an overview from
the consultants of the work to date.
Public commcnt
Jack Molsness spoke in opposition to adoption of the ordinance.
City Attorney Watts noted that the ordinance title should also include revision to sewer
rates - referencing PTMC 13.05.040, Monthly Sewer Rates in addition to water rates.
Motion: Mr. Koljfmoved to approve first reading o.lOrdinance 2846 with amended
title. Ms. Robinson seconded. Motion carried, 4-1, with Masci opposed.
RESOLUTION 03-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, ESTABLISHING A METROPOLITAN PARK DISTRICT TASK
FORCE
Mr. Timmons stated that Council had requested staff to come forward with establishing
legislation for a task force to study the merits of a metropolitan park district.
Mr. Kolff asked about the "slU1set" clause; he asked if the assumption was that after the
task foree does its work, a eommunity group would be formed to take on the promotion
of the issue. Mr. Timmons agreed.
Public comment
None
A10tion: ¡\;is. Sandoval movedfor adoption of Resolution 03-031 with the jòllowing
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December 1, 2(JO3
amendment: Section 2 (A), end affirst sentence to read: '\l!ith the city zip code or the
city limits as the boundary." (remove "or a broader area "). Mr. Ka?!f seconded.
Amendment: Mr. Masci proposed to add to Section 2 (C) at the end a.fthe sentence, "to
be applied to street or other pertinent fund.<; " There was no o~jection to the amendment.
Vote: motion carried unanimously, 5-0, by voice vote.
ORDINANCE 2847
AN ORDINANCE APPROPRIATING THE SUM OF $67,399 TO THE GENERAL
FUND; $3,277 TO THE FIREMAN'S PENSION FUND; AND MAKING FINDINGS
AND DECLARING AN EMERGENCY
Finance Director Michael Legarsky stated that the supplemental budget covers the cash
outlays only for the Aldrich's fire. He noted a public hearing would be conducted on
Deeember 15.
Public comment
None
Motion: Mr. Masci movedfor.first reading of Ordinance 2847. Mr. Ko(ffseconded.
The motion carried unanimously, 5-0, by voice vote.
RETROSPECTIVE RA TIN G PROGRAM 2004
Mr. Timmons noted that the Association of Washington Cities has established a Worker
Compensation Retrospective Rating Program for eities which will manage workers'
compensation claims with a goal to signifieantly reduce claims costs over the next several
years. In order to participate, the City must have documents in the hands of A WC by
December 15.
Mr. Timmons noted the City has also been approached to participate in the BIA W pool,
but because the organization is a well-known lobbying group, staff does believe it would
be an appropriate use of eity funds.
Public eomment
None
.Motion: Als. Sandoval moved to delay the decision until the next meeting (December R)
so staflcan bring a more complete presentation to the Council. Mr. Kolflseconded.
Motion carried unanimously, 5-0, by voice vote.
Specifie information requested from staff includes the number of eities committed to
participating and information on projected figures for next year.
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December 1, 2(J03
Publie eomment
None
CD/LU RECOMMENDA nON: PORT OF PORT TOWNSEND COMPREHENSIVE
SCHEME UPDATE 2003, COMMENT LETTER
Ms. Sandoval noted that the letter was presented to the Council in draft form on
November 17.
Modifications to the letter were discussed.
Motion by M<;. Sandoval, seconded by Mr. Kolj],' to approve the letter with the.fòllowing
changes: page 2, third paragraph down under" Point Hudson" - remove
" U1?[ortunately" from the beginning of the .fìrst sentence.. first page, under" Boat
Haven ", .fìrst paragraph, second sentence to start v,Jith "We are concerned that these
uses may not support " [policies setforth ....J Motion carried unanimously, 5-0, by
voice vote.
ADJOURN
There being no further business, the meeting was adjourncd at 10:31 p.m.
Attest
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Pamela Kolaey, CMC"-.
City Clerk
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December J, 2003