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HomeMy WebLinkAbout101507CITY OF PORT TO1h/NSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 15, 2007 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the fifteenth day of October, 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, Laurie Medlicott, George Randels, Catharine Robinson and Mark Welch. Geoff Masci and Michelle Sandoval were excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Finance Director Michael Legarsky, DSD Director Leonard Yarberry, Senior Planner Judy Surber, Public Safety Analyst Ken Horvath, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes proposed to the agenda. PRESENTATION Dave Rutherford and Emily Wheeler of ARC Architects presented, on behalf of the U.S. Green Building Council, the Silver LEED award to the City Council for the City Hall Annex project. PUBLIC COMMENT (Consent and non-agenda items) Kees Kolff regarding Mayor's column in City newsletter. Dave Chuljian regarding changes to a City trail by developers. Catherine Kane regarding regulation of electromagnetic radiation. Joshua Bennun regarding Nathanson Associates professional services contract (consent agenda item). Response to public comment: Mayor Welch noted that the intention of his piece in the last newsletter was to engender a community conversation. City Council Business Meeting Page 1 October 15, 2007 City Attorney John Watts noted that Federal law restricts the rights of cities to deny electromagnetic towers. Public Works Director Ken Clow reviewed the history and current status of the public trail. CERTIFICATE PRESENTATION City Manager Timmons presented certificates of appreciation on behalf of the City to ARC Architects, Dawson Construction, and the City Public Works Department. CONSENT AGENDA Mr Benskin requested that item "E" (Computer Equipment Purchase -Laptops for Police Department) be moved from the Consent Agenda. !t was moved to Item "B" under New Business. Motion: Mrs. Medlicott moved for approval of the following items on the Consent Agenda. Mr Randels seconded. The motion carried unanimously, 5-0, by voice vote. Approval of Bills Claims and Warrants Vouchers 1005071 through 1005080 in the amount of $98, 845.65 Vouchers 102848 through 102869 in the amount of $33, 718.02 Approval of Minutes: September 17, 2007 October 1. 2007 Resolution 07-033, authorizing the City Manager to execute an agreement with Jefferson County and other users for E-911 service, 2008 through 2011 Resolution 07-032, authorizing Community Development Block Grant loan to Terry Building LLC (Phillip Johnson/Arletta Gou/d/Sandra Krist) DSD Professional Services Contract -Nathanson Associates PUBLIC HEARINGS AVAILABILITY OF FUNDS AND ELIGIBLE USES OF THE STATE COMMUNITY DEVELOMENT BLOCK GRANT (CDBG) REQUEST FOR PROPOSALS Mayor Welch read the rules of procedure for legislative public hearings. No Council members had any financial or property interests to disclose in connection with either of the public hearing subjects. City Council Business Meeting Page 2 October 15, 2007 Senior Planner Judy Surber reviewed the packet materials, calling attention to three resolutions proposed for action: one would establish a grievance process for all CDGB grant applications, which is a legal requirement; the other two are specific to agencies (Jefferson County Domestic Violence and Sexual Assault Program and Habitat for Humanity) for which the City would sponsor requests for grant funding. Ms. Surber noted there is no assurance of funding and if either grant application were approved, further contracts would be entered into and brought before the City Council for approval. She noted that these are two proposals the City is aware of and that the public hearing is open to the announcement of additional proposals. Ms. Surber noted that two handouts are available at this meeting for the public: "Community Development Block Grant" showing the amount of funding available in 2008; and "Federal Citizen Participation Requirements for Local Government Applicants to the State CDBG Program." RESOLUTION NO. 07-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING A GRIEVANCE PROCEDURE FOR ALL CDGB GRANT APPLICATIONS SUBMITTED NOW AND IN THE FUTURE, TO THE WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT ON BEHALF OF THE CITY OF PORT TOWNSEND RESOLUTION 07-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING CITY MANAGER TO SUMBIT AN APPLICATION TO THE STATE OF WASHINGTON, DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT ON BEHALF OF THE CITY OF PORT TOWNSEND AND JEFFERSON COUNTY DOMEST-C VIOLENCE AND SEXUAL ASSAULT PROGRAM RESOLUTION 07-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING CITY MANAGER TO SUMBIT AN APPLICATION TO THE STATE OF WASHINGTON, DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT ON BEHALF OF THE CITY OF PORT TOWNSEND AND HABITAT FOR HUMANITY City Council Business Meeting Page 3 October 15, 2007 Public Comment: Kees Kolff, noted that the BOCC and City Council appointed members to a housing action plan network to monitor performance and insure implementation of the Housing Action Plan. One of the tasks was to support grants bringing more affordable housing to Jefferson County and Port Townsend; the committee believes there is a high need for transition housing such as the housing provided by DV/SAP. He stated the facility is definitely needed in the community and he urged the Council to approve the proposed Resolutions. Cheryl Bozarth, Executive Director of Jefferson County Domestic Violence and Sexual Assault Program, urged the Council to support the application. She noted DV/SAP has been operating as a private non-profit for 28 years and is dedicated to providing free services to victims of domestic and sexual violence, working through education and social change. The need is escalating and the current facility is much too small; the new facility will enable expansion of services as well as four units of housing. She added the project has wide community support and is a true community project. Ginger Segel of Community Frameworks, noted the CDBG funding would be used for the development of the first floor and off-site infrastructure for DV/SAP Dove House; housing units will be funded through the Washington State Housing Trust Fund, local housing and homeless funds, and proceeds from a capital campaign. DV/SAP is contributing approximately $209,000 to the project which includes the land purchased with unrestricted agency funds. The project timeline if grant applications are successful, will be to begin construction by next summer. She stated it is hoped they will be able to build to the LEED Silver standard. Motion: Ms. Robinson moved for adoption of Resolution 07-035. Mrs. Medlicott seconded. The motion carried unanimously, 5-0, by voice vote. Motion: Ms. Robinson moved for adoption of Resolution 07-036. Mr Randels seconded. The motion carried unanimously, 5-0, by voice vofe. Motion: Ms. Robinson moved for adoption of Resolution 07-037. Mr. Benskin seconded. The motion carried unanimously, 5-0, by voice vote. ORDINANCE 2956 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE LAND USE MAP OF THE PORT TOWNSEND COMPREHENSIVE PLAN AND REZONING LOTS 3-7, BLOCK 50, FOWLER'S PARK ADDITION TO THE CITY OF PORT TOWNSEND PROPERTY REFERRED TO AS ELMIRA PARK FROM R-II TO P/OS City Council Business Meeting Page 4 October 15, 2007 Senior Planner Judy Surber reviewed the packet materials. She noted that the proposal was originally part of the 2006 Comprehensive Plan docket but, after discussion, was remanded to the Planning Commission for review of their recommendation. She added that the property owners (MacFarlane) are in agreement with the proposed rezone. There was no public comment. Mr. Timmons stated he wished to disclose that he is an abutting property owner, but has no financial interest in the matter, nor has he discussed the issue with staff. Motion: Mr. Randels moved to waive Council rules so that the ordinance can be adopted this evening. Mrs. Medlicott seconded. The motion carried unanimously, 5-0, by voice vote. Motion: Mr. Benskin moved for adoption of Ordinance 2956. Mrs. Medlicott seconded. The motion carried unanimously, 5-0, by roll call vote. RECESS Mayor Welch declared a recess at 7:30 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 7:45 p.m. UNFINISHED BUSINESS ORDINANCE 2955 AN ORDINANCE OF THE CITY OF PORT TOWNSEND FIXING AND ADOPTING 2008 PROPERTY TAX LEVIES WITH AN INCREASE OF ONE PERCENT (1 %) Finance Director Michael Legarsky reviewed the packet information. He noted that the first reading of the ordinance took place at the October 1, 2007 meeting. There was no public comment. Motion: Mrs. Medlicott moved for adoption of Ordinance 2955. Ms. Robinson seconded. The motion carried unanimously, 5-0, by roll ca!! vote. 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 City Council Business Meeting Page 5 October 75, 2007 Public Works Director Ken Clow reviewed the packet material, noting the ordinance has been discussed at several public meetings, with first reading taking place on October 1, 2007. There was no public comment. Motion: Mr Randels moved for approval of Ordinance 2954. Mr Welch seconded. The motion carried unanimously, 5-0, by roU call vote. CITY COUNCIL SALARY AND BENEFIT INCREASE Finance Director Michael Legarsky reviewed the packet materials, which detailed the cost impact of raising Council salaries to a level which would make them eligible for the State Public Employees Retirement System and/or creating a deferred compensation plan with a 5% match for Councilors. There was no public comment Motion: Mr Benskin moved for adoption of Resolution 07-034, Option A, increasing compensation for Council members and adding a section giving the option for Councilors to chose either the State Retirement System or an ICMA retirement plan and leaving in language stating "This change in compensation shall become effective on January 1, 2010." Mr. Welch seconded. Mr. Welch and Mr. Benskin both spoke in support, citing the need to increase incentives, which would attract candidates to run for office. Ms. Robinson spoke in opposition, stating that the cost of the program is more than the revenue which will be generated by the 1 % property tax increase. She added that the City is seriously challenged in finding ways to fund basic programs and she considers being a Council member a community service job. Mrs. Medlicott also spoke in opposition, citing that she cannot vote for a salary increase when Council is forced to cut services of value to the community. Mr. Welch stated the increase is worthy but the timing is not right. Vote: motion failed, 4-1, by voice vote, Benskin in favor. Motion: Mr Benskin moved for adoption of Resolution 07-034 Option B, providing a qualified deferred compensation program for Councilors including a 5% City match. Mr Welch seconded. City Council Business Meeting Page 6 October 15, 2007 In response to Mrs. Medlicott's question, Mr. Legarsky stated the cost to the City would be about $2,250 per year if all Council members participated. Vote: motion carried, 4-7, by voice vote, Medlicott opposed. PUBLIC ART POLICY Mr. Watts reviewed the packet materials and noted that members of the Arts Commission were present. Public comment: Nancy Newman of the Arts Commission offered a suggestion that would clarify the process under "Selection Process" page 5, to add a sentence at the end of the first paragraph as follows: "The Committee shall forward to the Commission and the Commission shall make their recommendation to the Council for final approval." She added that the Procedures are not part of the Policy, but provide flow charts which clarify how City committees are involved in the process. Councilor Benskin requested the procedures include a reference that the Council has final authority to make public art decisions. Stan Rubin, Arts Commission Chair, spoke in appreciation of Ms. Newman's efforts as the lead on this project. He added that the policy received unanimous approval from the Arts Commission. Motion: Mr. Randels moved to approve the Public Arts Policy with the addition of the language proposed by Ms. Newman. Mrs. Medlicott seconded. The motion carried unanimously, 5-0, by voice vote. NEW BUSINESS PTTV NON PROFIT CORPORATION MODEL Mr. Watts reviewed the packet material, noting that the concept of the "Non-profit Corporation Model" in the packet was unanimously endorsed by the PEG Access Coordinating Committee. Public comment: Karen Nelson, Chair of PEG Access Coordinating Committee strongly urged the Council to endorse the concept. Motion: Mr. Randels moved to endorse in concept the non-profit corporation model, and authorize the City Manager to negotiate contracts to implement the model, with final approval of contracts subject to City Council approval. Mr Welch seconded. The motion carried unanimously, 5-0, by voice vote. City Council Business Meeting Page 7 October 75, 2007 COMPUTER EQUIPMENT PURCHASE -LAPTOPS FOR POLICE DEPARTMENT Mr. Benskin stated he pulled this item from the consent agenda for discussion because he would like to know if the costs of uplinks are included. Mr. Timmons replied that the contract is for the equipment only (computers). He added that the funds would come from the IT Equipment Rental Fund, and would be repaid by the Police Department to the Fund. Ms. Robinson asked that staff revise the agenda bill so that when budget numbers are included, the budget fund also be identified. Motion.' Mr Welch moved to authorize the City Manager to enter into an agreement for the purchase of 76 laptop computers for the Police Department. Mr. Randels seconded. The motion carried unanimously, 5-0, by voice vote. PRESIDING OFFICER'S REPORT Motion: Ms. Robinson moved to accept the Mayor's recommendation and confirm the appointment of Andrew Reding to Position 5 (energy policy) on the Alternative Electronic Management Committee. Mr Randels seconded. Mrs. Medlicott stated she is concerned, not about the candidate, but about the appointment of someone new to the community to two major advisory committees. Vote: motion carried, 3-2, Benskin and Medlicott opposed. CITY MANAGER'S REPORT Mr. Timmons reported on the following: The ad hoc Sign Code Review Committee report has been reviewed by CD/LU Committee and referred to Planning Commission. Copies of the committee report will be provided to the Council members. Staff will provide a copy of the report to LTAC Committee members also. Staff is working to bring the 2008 budget into balance; it will be available this week for Council members. SUGGESTIONS FOR FUTURE AGENDAS Mrs. Medlicott stated she would like to see progress on the Upper Sims Way issues and the review of the formula store ordinance. City Council Business Meeting Page 8 October 15, 2007 Mayor Welch will meet with staff this week to review the Council's schedule and agenda items for the rest of the year. COMMENTS FROM COUNCIL Mr. Randels stated a report on the Washington, DC trip would be made to the Council in the near future. EXECUTIVE SESSION Mayor Welch announced the Council would go into Executive Session at 9:18. He stated the session would take approximately 20 minutes and that no action would be taken following the session. RECONVENE The meeting was reconvened at 9:39 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:40 p.m. Attest: l~ /~ Pam Kolacy, MMC City Clerk City Council Business Meeting Page 9 October 15, 2007