HomeMy WebLinkAbout091707CITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF SEPTEMBER 17, 2007
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in regular session the fourth day
of September, 2007, at 6:30 p.m. in the Port Townsend City Council Chambers of
City Hall, Mayor Mark Welch presiding.
ROLL CALL
Council members present at roll call were Frank Benskin, Geoff Masci, Laurie
Medlicott, George Randels, Michelle Sandoval, and Mark Welch. Catharine
Robinson was excused.
Staff members present were Public Works Director Ken Clow, Finance Director
Michael Legarsky, Planning Director Rick Sepler, and City Clerk Pam Kolacy.
PROCLAMATION
Mayor Welch read a proclamation regarding Constitution Week.
CHANGES TO THE AGENDA
There were no changes proposed to the agenda.
PUBLIC COMMENT (Consent and non-agenda items)
Joshua Bennun spoke regarding code enforcement issues.
Monica Fletcher expressed concerns regarding the proposed land swap with DNR
involving the Snow Creek property.
Pat Teal representing DASH, spoke in support of accessibility at the local post office
and branches.
Bonnie Bolster requested the Council to ask the appropriate officials to provide
accessible postal service.
Bob Sokol stated the acoustics in the Chambers are not adequate.
Staff/Council response:
City Council Business Meeting Page 1 September 17, 2007
Mayor Welch noted the DNR swap has been in the works for several years on the
DNR timeline; the issue has come to the fore recently because of the School
District's long-range plan.
In answer to a question from Ms. Sandoval, Mr. Clow noted that the difference in the
value of the two properties (80 acres adjacent to the City and aCity-owned parcel in
the Snow Creek watershed) must be determined by appraisal; the DNR cannot
receive money to make up the difference so timber values could be used to offset
the differential. The timberland is on the rolls of the School Trust and harvesting of
the trees could happen whether the land swap occurs or not. That activity is
regulated by the DNR charter. He added there would be public meetings and public
process if the swap is initiated.
Consensus of the Council was to write letters regarding Post Office accessibility to
the appropriate officials.
CONSENT AGENDA
Motion by Mr Benskin to approve the following items on the Consent Agenda.
Second by Mr. Masci. Mr. Randels stated That in the September 4 minutes, Mr.
McNickle's name was misspelled in one instance. He also noted that on page 7, in
Ms. Robinson's comment, the word `few" should be inserted prior fo `shalls" in the
second to last tine of the paragraph. The minutes of the September workshop
meeting were referred back to the City Clerk to review the tape of the meeting
regarding a statement by the City Manager. The motion carried unanimously, 6-0, by
voice vote.
Approval of Bills, Claims and Warrants
Vouchers 102604 through 104615 in the amount of $35, 371.82
Voucher 102626 in the amount of $266.67
Vouchers 102617 through 102726 to the amount of $126,564.02
Vouchers 102728 through 102737 in the amount of $956.28
Vouchers 905071 through 905079 in the amount of $102,480.51
Approval of Minutes: September 4, 2007 Regular Business (as corrected)
September 10, 2007 Special Business
Uptown Ad-hoc Design Related Strategies and Parking Strategies Committee
Membership Action: Move to confirm Committee membership as recommended.
Resolution 07-029, authorizing the City Manager to negotiate and execute contracts
necessary for the design and construction of the Outfall Replacement within
approved budgets.
Resolution 07-030, authorizing the City Manager to negotiate and execute contracts
necessary for the Kanu Drive Lift Station Replacement Project within the approved
budgets.
City Council Business Meeting Page 2 September ?7, 2007
Resolution 07-031, authorizing the City Manager to negotiate and execute the
contracts necessary for the Sewer Service Area Study for the Southwest comer of
the City within approved budgets.
PUBLIC HEARINGS
Mayor Welch read the Rules of Procedure for Public Hearings from the Council
Rules; he noted the rules would apply to both public hearings on the agenda. No
Council members had any financial or property interests to disclose in connection
with either topic.
ORDINANCE NO. 2954
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CITY OF
PORT TOWNSEND 2007 WATER SYSTEM PLAN AND ESTABLISHING AN
EFFECTIVE DATE
Staff Report
Public Works Director Ken Clow noted that the plan had been discussed and
presented to the Public Works Committee and the Council several times, including
during a workshop on September 10. He noted that the financial section of the Plan
is based on a previous rate analysis and will be changed depending on the Council's
action regarding the utility rate structure.
Public Comment
Bob Sokol, speaking as a private citizen (not a Port Commissioner) stated that Port
tenants pay their own utilities; he also stated that the Point Hudson water system is
maintained by the Port and not the City and therefore should not be charged for
system upgrades. He stated that adopting a new rate structure will make it difficult
to do business at the Port and urged that the Council be diligent when looking at the
policies.
David Hero, owner of the Silverwater Cafe and Elks Building objected to the tap fees
on building sprinkler systems and asked the Council to reconsider these fees.
Bob Sokol supported Mr. Hero's comments.
Council questions and discussion
There was considerable discussion on the issue of requiring a tap fee for sprinklers
in buildings, including:
City Council Business Meeting Page 3 September 17, 2007
The issue comes back to a policy decision but it is more of a rate issue in terms of
how costs are distributed according to the rate model.
Mr. Benskin stated the fee may be regressive for some since everyone has the
same fire flow capabilities. Mr. Legarsky stated that our rate model allocates fire
flow to all customers with the exception of those who have a specific tap fee; the
plan does not itemize fire flow per customer and if that information is desired, the
rate consultants can be commissioned to find out how we recover the fire flow costs.
Motion: Mr. Masci moved to revoke the sprinkler tap fee policy from the City's
Water System Plan. Mrs. Medlicott seconded.
Ms. Sandoval objected, stated that if the Council is going to discuss a policy issue
resulting in the elimination of funding, all the information should be considered. She
noted that although this is not the first time the complaint has come up, the Council
has never chosen to discuss it as a policy before.
Mr. Legarsky noted the revenue from sprinkler taps in the study is $8,800 per year;
the revenue allocation should match the cost of service and the rate in the study is
the rate recommended which would cover that cost.
Mr. Clow stated the number used in the study is 28 sprinkler taps within the City.
Vote: the motion failed, 3-3, with Benskin, Masci and Medlicott in favor.
Motion: Mr Masci moved to remove fhe Port from the commercia! government
classification that is in the Water System Plan and put it back to a regular ratepayer.
Mr. Benskin seconded.
Mr Clow noted that these details are in the Rate Analysis (to be considered at the
next public hearing) not the Wafer System Plan. The motion was withdrawn.
Motion: Mr. Welch moved for first reading of Ordinance 2954. Ms. Sandoval
seconded
Mr. Masci stated he will opposed the motion because he disagrees with the water
service area delineated in the plan.
Vote: motion failed, 3-3, Randels, Sandoval and Welch in favor.
Motion.• Mrs. Medlicott moved That Council direct staff to provide data needful in
regard to the sprinkler tap issue in the Water System Plan. Mr Masci seconded.
Ms. Sandoval asked for information regarding what is typical in other cities regarding
commercial sprinklers, what are the typical costs, and implications for the future if
the fee is removed.
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Mr. Masci asked for pros and cons; also how much would be added to each
ratepayer's bill to cover expenses if the sprinkler fee were removed.
Mr. Randels asked for an idea of what other communities do to incentivize voluntary
provision of sprinkler systems. (Noted during discussion that sprinkler are required
for remodeling or new construction but not for existing buildings.)
Vote: motion carried unanimously, 6-0, by voice vote.
RECESS
Mayor Welch declared a recess at 8:10 p.m. for the purpose of a break.
RECONVENE
The meeting was reconvened at 8:18 p.m.
PUBLIC HEARING
ORDINANCE NO. 2953
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 13.05
UTILITY RATES AND CHARGES AND ESTABLISHING AN
EFFECTIVE DATE
Finance Director Michael Legarsky reviewed the packet material, noting that this is
the fourth draft of the study which was started in April 2006. He stated, in reference
to the previous discussion, that Council should advise staff if there are other issues
the Council wishes to have brought back to the rate consultants for analysis. He
added that staff was targeting changes to the billing system to begin on January 1,
and time to reprogram the system must be allowed once the rate ordinance is
adopted.
Mr. Legarsky pointed out that in Exhibit A, 13.05.090, the penalty charge of 1.5% is
extremely generous and can cost more to process than the revenue received. He
proposed a minimum penalty of $5.00 be established in the new rate table.
Mr. Benskin asked which customers are in each class. Mr. Legarsky stated there
are no eight inch meters; six inch meters include 2 for the PUD, 1 for Fort Worden, 1
for Hudson Point, and 1 for the Golf Course.
In response to a question from Mr. Masci, Mr. Legarsky replied that the City meters
its own buildings and pro rates charges among City departments.
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Public comment:
David Hero commented that the sprinkler tap fee is not a lot of money, but it is a
matter of principle.
Bob Sokol stated that people who pay sprinkler tap fees are being penalized. He
also stated the increase in utility rates will hurt tenants and not the Port because the
rates are passed on through triple net leases.
Motion: Mr Masci moved to continue the public hearings to the next available
business meeting. Mr. Welch seconded. The motion carried unanimously, 6-0, by
voice vote.
Mr. Legarsky asked that Council members let him know about specific information
they need before the hearing continues.
PRESIDING OFFICER'S REPORT
Motion: Mr. Benskin moved to accept the Mayor's recommendation and confirm the
following Commission/Committee appointments. Mr. Welch seconded. The motion
carried unanimously, 6-0, by voice vote.
Arts Commission: Sherry Kack (position 8, term expires May 1, 2010)
Historic Preservation Committee: Gee Neckcher (pos. 1, expires May 1, 2008)
Planning Commission: Kristen Netson (pos. 6, term expires December 31, 2008)
SUGGESTIONS FOR NEXT OR FUTURE MEETINGS
Ms. Sandoval brought up the issue of mandatory garbage service which was brought
up in a letter from a citizen. Mr. Clow confirmed that this is a contractual issue with
DM Disposal.
It was noted that the Ad Hoc Sign Code Review Committee is completing its work
and the recommendations will be forwarded to CD/LU Committee soon.
Mr. Benskin asked that staff look into several illegal political signs in the right of way.
ADJOURN
There being no further business, the meeting was adjourned at 8:49 p.m.
A'tt~est:
.~ ~ ~ ~~
Pam Kolacy, CMC
City Clerk
City Council Business Meeting Page 6 September 17, 2007