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HomeMy WebLinkAbout050613 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF MAY 6, 2013 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on May 6, 2013 in the Council Chambers at 540 Water Street. Mayor David King called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Robert Gray, David King, Kris Nelson, Catharine Robinson, Michelle Sandoval, and Mark Welch with Deborah Stinson excused. Staff members present were City Attorney John Watts, Public Works Director Ken Clow, Public Services Director Rick Sepler, Library Director Theresa Percy, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Councilor Gray requested that Item D (Resolution regarding loan of community development block grant funds) be moved from the Consent Agenda. There was agreement to place the item as "B" under New Business. SPECIAL PRESENTATION: Proclamation: Police Week Mayor King read a proclamation designating the week of May 12-18 as Police Week and Wednesday, May 15 as Peace Officers' Memorial Day. Police Chief Conner Daily accepted the proclamation. COMMENTS FROM THE PUBLIC Bob Jautz regarding water system costs. Glen Milner thanked the community for its role in the Freedom of Information case regarding Indian Island that was decided by the Supreme Court. He presented written information to the Council. Doug Milholland regarding Indian Island, suggested that Council formally ask the Navy to decommission the base or produce specified studies. Todd Wexman regarding City construction projects and inability to predict costs. CONSENT AGENDA City Council Business Meeting May 6, 2013 Page 1 of 6 Bills, Claims and Warrants Vouchers 120403 through 120426 in the amount of$14,271.44 Vouchers 120427 through 120445 in the amount of$706,769.05 Vouchers 120500 through 120501 in the amount of$473.17 Voucher 120502 in the amount of$25,000.00 Vouchers 120503 through 120510 in the amount of$94,761.36 Vouchers 120511 in the amount of$283,610.45 Vouchers 125012 through 120581 in the amount of$321,932.39 Voucher 120583 in the amount of$58,168.11 Vouchers 120584 through 120592 in the amount of$207,280.46 Approval of Minutes: April 15, 2013 Authorization for the City Manager to execute a professional services agreement with Shea Carr Jewell for design services for small street and sidewalk projects and for miscellaneous on-call transportation engineering services for 2013 and 2014 Motion: Catharine Robinson moved to approve the consent agenda absent Item D (Resolution 13-016). Mark Welch seconded. Vote: motion carried unanimously, 6-0 by voice vote. UNFINISHED BUSINESS Library Expansion - Ordinance 3089, providing for the submission to the voters of the City at a special election to be held in conjunction with the statewide primary election on August 6, 2013, of a proposition authorizing the City to issue its general obligation bonds for the renovation and expansion of the Carnegie Library, including providing a match for a National Endowment for the Humanities challenge grant, in the principal amount of no more than $3,000,000 payable in whole or in part by annual property tax levies to be made in excess of regular property tax levies, and to levy those excess property taxes. City Attorney John Watts presented the staff report, noting that the Council adopted first reading of the ordinance on April 25. He noted that a substantive change in Section 3 puts an outside time limit on the project and provides that if there is no project because available funds are not sufficient to do the project then the bonds will be retired (paid off) except for project expenses incurred since the election. He said that staff and the mayor are currently meeting with representatives from the Library Foundation, working on the details of the City and Library Foundation agreement. There was discussion about the Memorandum of Agreement between the City and the Library Foundation. The final agreement will come back before Council on May 20. The document will spell out the implementation of the $1.2 million dollar City Council Business Meeting May 6, 2013 Page 2 of 6 fundraising commitment. In the worst case scenario, if an agreement cannot be reached, the ballot measure could be pulled without cost before ballots are printed. Continued discussion included questions about architectural fees spent and anticipated, rules about campaigning, and branch libraries. Library Director Theresa Percy spoke about branch libraries. There was discussion about the expenses incurred for design development fees if the project does not go forward. The source of payment for the up to $500,000 would be paid with bond proceeds as they are incurred. If the project does not go forward, the remaining $2.5 million would be used to defease the bonds. The issue has been identified during negotiations with the Foundation and at this time the thinking is that the Foundation would pay for a portion of the cost since the plans can be used for a future project. It was suggested that language be inserted in the ordinance to make it clear that the City intends to raise funds in collaboration with the Port Townsend Library Foundation. The collaboration clause should be added to the third whereas clause. Public Works Director Ken Clow stated that defense of any SEPA litigation would come from the project contingency. Mr. Liu reviewed the City and Foundation negotiations. There was discussion about funding for the Library's move back to the Carnegie facility, which could cost between $20,000 and $180,000. This cost is currently not budgeted. Public comment: Jennifer Cohn Stan Goddard Janie Kimball Linnea Patrick Sheila Khalov Lynn Ring Julie Jaman Mr. Gray spoke of the many other needs for funding public facilities in the community. City Council Business Meeting May 6, 2013 Page 3 of 6 Concerns were raised about adding language to the ordinance about going forward if agreement is reached with the Foundation. Mr. Watts noted that the ballot measure must be presented as a non-contingent action. A separate motion could be made to rescind the ordinance if there is not an approved agreement by a date certain. More changes were suggested to the wording of the ordinance, with conclusion that the first whereas will be struck and the next two whereas paragraphs restructured. Mr. Welch stated the big picture is a look not for or against the library but a look at the level of service. He said he wants the right size, not necessarily a larger size with more bricks, mortar and space. He again stated his concern about other means of delivering service through technological advances. He also noted that at this time the Library is well funded by the levy and well positioned to thrive. He mentioned many underutilized spaces in the community and other program and capital needs. For these reasons, he will not support the ordinance. Ms. Sandoval spoke in support of the ordinance, citing the Council's responsibility to uphold the community's values and provide as much as possible to the citizens. Mr. Gray said he cannot support the ordinance given the other, more urgent needs of the community and the burden to the taxpayers. There was further brief discussion. Motion: Michelle Sandoval moved to approve Ordinance 3089, providing for the submission to the voters of the City at a special election to be held in conjunction with the statewide primary election on August 6, 2013, of a proposition authorizing the City to issue its general obligation bonds for the renovation and expansion of the Carnegie Library, including providing a match for a National Endowment for the Humanities challenge grant, in the principal amount of no more than $3,000,000 payable in whole or in part by annual property tax levies to be made in excess of regular property tax levies, and to levy those excess property taxes as amended. Catharine Robinson seconded. Vote: motion carried, 4-2 by voice vote, Robert Gray, and Mark Welch opposed. NEW BUSINESS Agreement on Port Docks - Stormwater fees City Attorney Watts reviewed the agenda materials, noting that the overall Kah Tai agreement has been delayed for up to two months and this agreement advances certain aspects of the settlement, namely that possession of City Dock and Union Wharf will be delivered to the Port of Port Townsend. This allows the Port to maintain and install the summer floating docks at their expense and to assume maintenance of the two facilities. In return, the City compensates the Port in the amount of current stormwater fees the Port is paying the City from Port properties and tenants. The agreement would be effective May 7 and continue for two months until the rest of the agreement can be accomplished. City Council Business Meeting May 6, 2013 Page 4 of 6 In response to questions, Mr. Watts clarified that there is no extra liability to the City for owning but not managing the facilities. There was no public comment. Motion: Catharine Robinson moved to authorize the City Manager to execute an agreement with the Port to deliver possession of City Dock and Union Wharf consistent with the terms outlined in the Agenda Bill. Kris Nelson seconded. Vote: motion carried unanimously, 6-0 by voice vote. RESOLUTION 13-015 (NUMBER CHANGED FROM 13-016), AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT OF FUNDS FOR A LOAN OF COMMUNITY REDEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 09-012 OF THE CITY OF PORT TOWNSEND TO TAILOR MADE, LLC City Attorney Watts reviewed the agenda materials. He stated that the matter was moved from the consent agenda because the loan was being granted to a City employee. He reviewed the composition of the committee and noted that there was only one application so awarding the loan did not preclude another application. He said there is no appearance of fairness issue and that these are not City funds, but a Federal funding pass through. There was no public comment. Motion: Mark Welch moved to approve Resolution 13-015, Authorizing Execution of Documents and Disbursement of Funds for a Loan of Community Redevelopment Block Grant Funds Pursuant to Resolution No. 09-012 of the City of Port Townsend to Tailor Made, LLC Kris Nelson seconded. Vote: motion carried unanimously, 6-0 by voice vote. PRESIDING OFFICER REPORT Mayor King stated that he has received a request from Jefferson Healthcare for a letter of support for their expansion loan application under the Mayor's signature. CITY MANAGER REPORT SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION ADJOURN City Council Business Meeting May 6, 2013 Page 5 of 6 There being no further business, the meeting was adjourned at 9:07 p.m. Attest: Pamela Kolacy, IVIIVIC City Clerk City Council Business Meeting May 6, 2013 Page 6 of 6