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HomeMy WebLinkAbout10181999PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 18, 1999 The City Council of the City of Port Townsend met in regular session this eighteenth day of October, 1999, at 6:00 p.m. in the Port Townsend City Hall Council Chambers, Deputy Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Cotmcil members present at Roll Call were Joe Finnie, Allen Frank, Vem Garrison, Syd Lipton, Geoff Masci, and Alan Youse. Forrest Rambo was excused. Also present were City Manager Dave Timmons, City Attorney Tim McMahan, and City Clerk Pam Kolacy EXECUTIVE SESSION Mr. Masci announced an executive session regarding personnel issues and potential litigation expected to last 30 minutes, with no action anticipated. The council moved to the City Manager's office for the executive session. RECONVENE The council members returned to the Council Chambers at 6:26. No action was taken. CORRESPONDENCE NOT PREVIOUSLY RECEIVED BY COUNCIL Mr. Masci noted numerous items of correspondence not previously received by council, most of which concerned the proposed ordinance regarding State Environmental Policy Act thresholds. COMMITTEE AND BOARD & LIAISON REPORTS Mr. Finnie: PEG Access Advisory Board; Public Safety Committee. Mr. Frank: Council Commissioners Final Hearing regarding UGA/Glen Cove; Youth Activities Meeting; State Auditor exit interview; 1-695 Forum; Finance Committee; Library Board. Mr. Lipton: Wastewater Committee. Mr. Youse: Arts Commission; COPAB; Planning Unit HB 2514. Mr. Garrison: Parks & Recreation Commission. PRESIDING OFFICER'S REPORT Mr. Masci reported on the Council Workshop meeting regarding the Sims Way overlay project and the upcoming facilitated public meeting on October 25. Mr. Finnie then presented a proclamation honoring City Attorney Tim McMahan who will be City Council Minutes Page 1 October 18, 1999 leaving the City at the end of October. Mr. Masci read the proclamation and presented it to Mr. McMahan. Mr. Masci then introduced the following Resolution: RESOLUTION 99-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AFFIRMING THE COUNCIL'S FULL SUPPORT OF THE COUNCIL/MANAGER FORM OF GOVERNMENT AND CONFIRMING THE COUNCIL'S INTENTION TO GUARANTEE THE INTEGRITY OF THE YEAR 2000 BUDGET PROCESS Mr. Frank moved for adoption of Resolution 99-068. Mr. Lipton seconded. The motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT Mr. Timmons noted that the a draft of the City Manager's proposed budget for the year 2000 would be presented at a special council meeting on Saturday, October 23, at 9:00 a.m. He said that the PUD and City are drafting a joint resolution regarding the water service area which will come before the council and district board. Among the meetings he has attended in the last two weeks are the Hood Canal Closure Coordinating Council, and a meeting with Port Townsend Paper Company regarding the lease agreement. Carousel siting: Mr. Timmons requested that the record be clarified as to council's action regarding the carousel siting committee's report. He stated that he understood the action to be to refer the committee's recommendation to the City Manager for further evaluation so a recommendation could be made back to the council regarding all recommended sites. Mr. Garrison stated he would like to reconsider the issue and redo the recommendation to reflect the council's adoption and support of the findings of the subcommittee and their first preferred siting, with the City Manager charged to examine the ranking and concentrate on securing the first site. Mr. Lipton seconded. Mr. Masci noted that the motion should not instruct the City Manager as to what the outcome of his study should be. After further discussion, Mr. Garrison withdrew his motion. Mr. Finnie then moved to task the City Manager to respect the carousel siting committee's recommendations and to evaluate the technical feasibility of the three recommended sites. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. City Council Minutes Page 2 October 18, 1999 Mr. Timmons then brought up the issue of fee waivers for the Korean Veteran's Memorial proposed for a location in Point Hudson as a first touch. Mr. Dave Richmond represented the group and answered questions for the council members. Mr. Lipton seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Timmons noted that a resolution will be drafted showing the public benefit of the project. COMMENTS FROM THE PUBLIC (regarding items not on the agenda) Nancy Dorgan: disagreeing with council policies and practices, favors question and answer period during meetings. Gemma Utting: favoring question & answer forum Brenda McMillan: favoring bicycle lanes on Sims Way Bill Dentzel: regarding Carousel siting Jean Camfield: re Port Townsend Foundation role in purchasing Adams St. Park site Sweethome: supporting bicycle paths PUBLIC HEARING Street Vacation Application LUP99-69 Mel and Erica Epling The public hearing was opened at 7:25 p.m. Interim BCD Director Bob Leedy presented staff's recommended Findings of Fact and Conclusions. Speaking in favor: Mel Epling Erica Epling Norma Fried Jennifer Pipia Dana Fickeisen Speaking in opposition: Nancy Dorgan. John Lockwood Response: Mel Epling City Council Minutes Page 3 October 18, 1999 Mr. Garrison then moved to continue the hearing to the next meeting and request more information from staff substantiating the recommendation for denial, in particular supporting evidence of future needs for the property for utilities, access, trails, etc. Mr. Lipton seconded. The motion carded 5-1 by voice vote, with Mr. Finnie opposed. CONSENT AGENDA Mr. Frank moved for approval of the following items on the Consent Agenda. Mr. Youse seconded. The motion carded unanimously, 6-0, by voice vote. Approval of Bills. Claims, and Warrants: 69536 through 69640 in amount of $61,927.09; 69641 through 69724 in amount of $165,392.26 Approval of Minutes: Regular meeting of October 4, 1999; workshop meeting of October 11, 1999. Approval of Resolutions: (None) RESOLUTION 99-68 FO1LM OF REIMBURSEMENT RESOLUTION (LOCAL Loan Application) RESOLUTION 99-69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE ACQUISITION OF COMPUTER HARDWARE AND SOFTWARE AND A FINANCING CONTRACT AND RELATED DOCUMENTATION OF SAID EQUIPMENT UNFINISHED BUSINESS NEW BUSINESS ORDINANCE 2713 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING ADJUSTED SALARY FOR THE LEGAL ASSISTANT POSITION, AND ESTABLISHING AN EFFECTIVE DATE After presentation and discussion by the City Attorney and City Manager, Mr. Frank moved to table the Ordinance pending adoption of the budget for the year 2000. Mr. Youse seconded. The City Council Minutes Page 4 October 18, 1999 motion failed with 2 in favor (Frank and Youse ) and 4 opposed. Mr. Finnie then moved to suspend council rules and consider the first reading the second and the third by title only. Mr. Masci seconded. The motion carried 4-2 by voice vote, with Mr. Frank and Mr. Youse opposed. Ms. Kolacy read the ordinance by title. Mr. Finnie then moved for adoption of Ordinance 2713. Mr. Garrison seconded. The motion carried 4-2 by roll call vote, with Mr. Frank and Mr. Youse opposed. ORDINANCE 2714 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTER 9.24, ASSEMBLY REGULATIONS, OF THE PORT TOWNSEND MUNICIPAL CODE AND CREATING A NEW CHAPTER 9.24, SPECIAL EVENT PERMITS, ADOPTING STANDARDS FOR THE ISSUANCE OF SPECIAL EVENT PERMITS, ALLOWING FOR PERMIT CONDITIONS, CREATING AN APPEAL PROCESS TO THE CITY COUNCIL, AND PROVIDING FOR ENFORCEMENT AND PENALTIES City Attorney McMahan presented the Ordinance for first reading. He noted issues contained within the ordinance that the citizen committee recommended for council's final determination. Mr. Frank moved to approve the first reading and set a public hearing be scheduled for November 15. Mr. Garrison seconded. The motion carried unanimously, 6-0, by voice vote. ORDINANCE 2715 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING A COMPREHENSIVE POLICY FOR THE PURCHASE AND DISPOSITION OF GOODS, SERVICES, EQUIPMENT, SUPPLIES AND PROPERTY FOR THE CITY OF PORT TOWNSEND; AMENDING CHAPTER 3.44 PTMC, "DISPOSITION OF SURPLUS PROPERTY," DISPOSITION OF CERTAIN DESCRIBED CATEGORIES OF PERSONAL PROPERTY; ADOPTING A NEW CHAPTER 3.46 PTMC, "PURCHASE OF GOODS, SERVICES, EQUIPMENT AND SUPPLIES;' REPEALING RESOLUTION 95-93; AND ESTABLISHING AN EFFECTIVE DATE Mr. Masci suggested that this item be dealt with last on the agenda, in light of the number of people present who wished to comment on the next item. There was consensus to switch the order of the items and move to the next item of business. City Council Minutes Page 5 October 18, 1999 DRAFT PROPOSED ORDINANCE AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 19.04 ARTICLE III, "CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATION," SECTION 19.04.080 "ADOPTION BY REFERENCE," OF THE PORT TOWNSEND MUNICIPAL CODE, TO RAISE CERTAIN STATE ENVIRONMENTAL POLICY ACT EXEMPTIONS TO THE MAXIMUM EXEMPTION LEVEL AS ALLOWED BY WASHINGTON LAW City Attorney McMahan presented the item, noting a need for procedural direction from the council, including whether a public hearing will be scheduled. Mr. Masci then requested public comment on the item. The following spoke against adoption of the ordinance: Nancy Dorgan Brenda McMillan Sandra Stowell Michale Preuitt Richard Berg Jeff Kelety (on behalf of Michael and Virginia Harvey) Joshua Sage Denise Fradin Joe Pipia Freida Fenn (including comment on behalf of Barbara Marseille) Bob DeWeese Doug Milholland Jay Pine Leonard Zweig John Locke Kathryn Molotsky Phil Johnson Kristine Lohngren [sp?] Joan Fabian Julie Jaman Public comment closed at 8:58 p.m. Discussion followed regarding the process for consideration of the issue. After discussion, Mr. Masci moved to schedule a study session regarding the topic that would include public participation; staff would be tasked to present clarification of other existing regulations and statutes that offer a degree of protection of the rights of citizens and other issues that council members designate which need clarification. Mr. Finnie seconded. The motion carried City Council Minutes Page 6 October 18, 1999 unanimously, 6-0, by voice vote. ORDINANCE 2715 (SEE ABOVE) Mr. Masci noted the ordinance was discussed at the October 11 study session. Mr. Timmons suggested a first reading this evening; the ordinance would be brought forward again with the accompanying administrative procedures. Mr. Timmons and Mr. McMahan noted that all suggested changes from the October 11 meeting were reflected in the current version of the ordinance. Mr. Lipton moved for the first reading of Ordinance 2715. Mr. Finnie seconded. The motion carried unanimously, 6-0, by voice vote. Ms. Kolacy read the ordinance by title.. COUNCIL DISCUSSION Mr. Masci addressed the issue of opportunities for the council and members of the public to have dialogue. Town meetings and use of council workshops as mini town meetings were discussed; the press of business during the next few months may prohibit a forum before the end of the year; assessment of the effectiveness of the process was discussed as well as the idea of creating a "wisdom council." Mr. Timmons suggested discussing the matter at the upcoming council/manager retreat as one of the challenges for inclusive and open process of public participation. There was consensus to add the item to the retreat agenda. ADJOURNMENT There being no further business, the meeting was adjourned at 9:37 p.m. Attest: Pamela Kolacy, CMC ' ~ City Clerk City Council Minutes Page 7 October 18, 1999