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HomeMy WebLinkAbout10072002MINUTES OF THE REGULAR SESSION OF OCTOBER 7, 2002 The City Council of the City of Port Townsend met in regular session this seventh day of October 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval, and Alan Youse. Mr. Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, and City Clerk Pam Kolacy. CHANGESTOTHEAGENDA There were no requested changes to the agenda. Mayor Kolff noted that the ordinance numbers on the agenda have been changed to reflect the correct numbering. PRESIDING OFFICER'S REPORT Mayor Kolff reported that he, Mr. Timmons, and Library Director Linnea Patrick had met with members of the County Library Board and the new County Library Director to begin the discussion of the future relationship between the libraries. Mayor Kolff read a proclamation in honor of Fire Prevention Week. He announced there is a vacancy to be filled on the Non-Motorized Transportation Committee. Announcements were made conceming a Referendum 51 meeting sponsored by the Port; the Walk Across Washington; and the upcoming workshop on Barriers to Affordable Housing. A request from Jefferson Transit for support from the council in regard to a grant application was announced. Consensus was that the mayor provide a letter for Transit on behalf of the council. CITY MANAGER'S REPORT Mr. Timmons noted he has received a proposal from Jefferson General Hospital in regard to having ambulance service provided to JGH by the city rather than a third party. He will meet with hospital representatives to discuss the merits of the proposal. City Clerk Pam Kolacy was honored for her recent acceptance into the Master Municipal Clerk Academy. City Council Business Meeting Page 1 October 7, 2002 Mr. Timmons noted that the preliminary department budget requests for 2003 have been processed and that although departments are being pragmatic, about $400,000 still needs to be trimmed to bring the budget within the performance goal for this year. Major factors influencing the budget are the shortfall in the Equipment Rental Fund and the Street Fund. He noted the City Manager's Preliminary Budget will be presented in two weeks. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Nancy Dorgan: urged the council to re-do the doors on City Hall to reflect the dual use by the museum and the city. Leola Armstrong: commented in opposition to adopting a noise ordinance and city mediation program; asked for more than "lip service" to the city's economy and the needs of the working poor. Stan Willard: representing the Town Meeting Planning Committee, invited all to join the meeting on October 13. Mark Stevenson: spoke in favor of a council resolution affirming the basic civil liberties of citizens in response to the USA Patriot Act. Dan Titterness: presented written material regarding a resolution adopted by the Association of Washington Counties. A1 Frank: commented on downtown parking; stated there should be no exception for public buildings and that the need for more spaces should be a top priority. PUBLIC HEARING ORDINANCE 2818 AN ORDINANCE APPROPRIATING THE SUM OF $221,965 TO THE GENERAL FUND; $304 TO THE STREET FUND; $1,680 TO THE LODGING TAX FUND; $74,777 TO THE CAPITAL IIMPROVEMENT FUND; $1,018,072 TO WATER AND SEWER FUND; $44,683 TO THE STORMWATER FUND; $449,078 TO THE SOLID WASTE FUND; AND MAKING FINDINGS AND DECLARING AN EMERGENCY Mr. Timmons presented an introduction of the ordinance, noting that this will be the final supplement to the 2002 budget. Finance Director Michael Legarsky elaborated on the details of the ordinance. He called council's attention to the sum which represented a transfer of the Tri-Area water proceeds into a new water sewer construction fund, which is a transfer rather than an expenditure. City Council Business Meeting Page 2 October 7, 2002 Mayor Kolff then opened the public hearing. He asked if any council members had any interests, property or financial, in connection with the matter. There were none. The Clerk stated that no written materials have been submitted concerning the matter. Public comment There were no comments. Mayor Kolff closed the public hearing. Motion: Mr. Masci moved to waive council rules in order to adopt ordinance 2818 this evening. Mr. ¥ouse seconded Vote: the motion failed, 1-5, by voice vote, with Mr. Masci in favor. Motion: Ms. Robinson moved for first reading of Ordinance 2817. Ms. Sandoval seconded The motion carried unanimously, 6-0, by voice vote. The Clerk read the title of the ordinance. RECESS Mayor Kolff announced a recess at 7:50 for a break. RECONVENE The meeting was reconvened at 7:57 pm. CONSENT AGENDA Motion: Ms. Fenn moved to approve the following items on the consent agenda. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 83335 through 83569 in the amount of 690,951.52 Approval of Minutes Regular Business Meeting of September 16, 2002 Workshop Session of September 23, 2002 (with correction noting Deputy Mayor Fenn, not Kolff called the meeting to order.) UNFINISHED BUSINESS RESOLUTION 02-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE MAYOR TO COMMUNICATE WITH THE UN SECRETARY GENERAL, PRESIDENT BUSH AND WASHINGTON STATE'S CONGRESSIONAL DELEGATION AND THE MAYORS OF HIROSHIMA AND City Council Business Meeting Page 3 October 7, 2002 NAGASAKI, JAPAN REGARDING PORT TOWNSEND'S SUPPORT FOR A BAN ON THE PRODUCTION AND USE OF NUCLEAR WEAPONS Deputy Mayor Fenn noted that Council had received her written articulation of needs for a nuclear weapons ban in the council packet and added that she believes this is a significant public safety and health issue which is appropriate for the city to address. Public comment Doug Milholland: spoke in favor of adoption Nancy Dorgan: spoke in favor of adoption A1 Frank: spoke against adoption, suggested advisory ballot on such issues. Leola Armstrong: spoke against adoption Maysha Jones (sp?) spoke in favor of adoption Ms. Fenn distributed House Joint Resolution 97 introduced into Congress this year which articulates the path to a full nuclear weapons ban; she stated that less funding for weapons will mean more funding for health and human services at all levels of government. Mayor Kolff spoke in support of the resolution. Mr. Youse remarked that merits of the issue aside, he is generally not in favor of adding extra issues to the council's workload. Action on the resolution is scheduled for October 14. NEW BUSINESS ORDINANCE 2817 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATING TO THE ESTABLISHMENT OF THE PORT TOWNSEND DISPUTE RESOLUTION PROGRAM AS CONTEMPLATED BY CH 7.75 RCW; ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE AND PROVIDING FOR REVIEW OF THE PROGRAM RESULTS RESOLUTION NO. 02-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON RELATING TO THE PORT TOWNSEND DISPUTE RESOLUTION PROGRAM ESTABLISHED BY ORDINANCE 2817, City Council Business Meeting Page 4 October 7, 2002 APPROVING A PLAN FOR ESTABLISHMENT OF A PROGRAM FOR MEDIATION AND SETTLEMENT OF DISPUTES AS DESCRIBED IN THE PROGRAM PLAN ATTACHED TO THIS RESOLUTION, AND FURTHER FINDING THAT SUCH PLAN MEETS THE REQUIREMENTS OF RCW 7.75.020(2) Mr. Watts introduced the dispute resolution program, noting the Community Development/Land Use Committee has been reviewing this issue. He gave an overview of the program, which would establish a city program which would be comprised of volunteers who would facilitate resolution of neighborhood or community disputes at no cost to participants. Ms. Sandoval, chair of the CD/LU committee stated that if council approves the legislation, the plan will be in place in 2003 to provide assistance to citizens with neighborhood problems. She added that the management of the disputes would be shifted from the police and courts to an informal setting. The Committee has recommended a one-year trial period. Ms. Robinson asked how the program differs from the one offered by Peninsula Dispute Resolution Center. Mr. Watts replied that PDRC offers "pure mediation" in the form of a trained mediator who acts in a setting with both parties present. The program proposed for the city is more similar to problem solving than formal mediation. The city also would not deal with attempting to determine a sliding scale of payment since the service would be free of charge. He also said the emphasis would be on different types of cases (not domestic dispute or child custody issues, for example.) Mr. Masci asked if there are comparable municipalities who provide the service and also questioned the fee structure or lack thereof. He noted that there would be a burden on the city to create a new set of confidential records and this would involve a cost. Mr. Watts stated that it is within the discretion of the city whether to charge or not; he thinks most charge on a sliding fee basis; Jefferson County does impose a fee which is used to contract with the Peninsula Dispute Resolution Center to provide mandatory mediation services in court actions Mr. Masci requested a copy of the county ordinance relating the dispute resolution. Mr. Watts stated he would discuss the issue of records with the Clerk. Ms. Robinson noted that there is a $5,000 budget impact as well as stafftime and asked that that impact be quantified for the council. Public comment City Council Business Meeting Page 5 October 7, 2002 Al Frank: questioned what safeguards will protect the city from liability; stated the idea is not practical. Mr. Masci stated he does not see what need has been the basis for the creation of the program. Mayor Kolff stated the program is a way of taking issues that are currently being dealt with by various city departments to a different venue. He added that he would like to reconsider the $5,000 funding and perhaps refer participants at some point to a separate process where they can be billed according to a sliding scale. Motion: Ms. Fenn moved for the first reading of Ordinance 2817 and to set a public hearing on the ordinance for November 12. Ms. Sandoval seconded The motion carried, 4-2, by voice vote, with Masci and Youse opposed The Clerk read the ordinance by title. ORDINANCE 2819 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING ADDITIONAL LOCAL FACILITY CONNECTION CHARGES FOR REIMBURSEMENT OF COST FOR CONSTRUCTION OF A SANITARY SEWER SYSTEM AND WATER SYSTEM, AND CREATING LOCAL FACILITY CHARGES FOR CERTAIN LOTS ON MASON STREET BETWEEN CAROLINE STREET AND COOK AVENUE Mr. Watts introduced the Ordinance as a first touch. He noted that there is a correction to the information provided in the packet, and the time within which an affected property owner would pay if they tap into the improvement is 10 years rather than 15 years. The ordinance would enact a special water and sewer connection charge for 16 lots fronting Mason Street between East Caroline Street and 53ra Street. Because the Hensel subdivision was required to improve Mason Street for access to the subdivision, it was determined that installing water and sewer improvements at the same time the street is developed would be desirable since cutting into the street later to install water and sewer lines would adversely affect the street surface and shorten the life of the surface. In turn, the city may institute a special connection charge which is similar to a latecomer agreement. There was no public comment. Motion: Mr. Masci moved to suspend council rules in order to take action on the ordinance this evening. Mr. Youse seconded The motion failed, 2-4, with Masci and Youse in favor. City Council Business Meeting Page 6 October 7, 2002 Motion: Ms. Robinson moved for the first reading of Ordinance 2819. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. The Clerk read the ordinance by title. STANDING COMMITTEE REPORTS SUGGESTIONS FOR NEXT AGENDA, REGULAR MEETING AND/OR STUDY SESSION COMMENTS FROM THE COUNCIL Ms. Sandoval stated in reply to Mr. Frank's earlier comment, that parking issues are currently being addressed by the Council Transportation Committee, and all those interested in the issue are invited to attend their meetings. Ms. Sandoval also replied to a comment from Ms. Armstrong regarding the noise ordinance and its effect on the Port, stating that the ordinance would be applicable city wide and the city is currently working with the Port on a Memorandum of Agreement to exempt them from some of the time restrictions of the ordinance. Mr. Masci noted he will be unable to attend the meeting regarding fireworks scheduled for Thursday at 1:30. Ms. Fenn clarified in response to comments regarding low-income residents, that there ahs been discussion of those economic issues at the CD/LU committee and that the affordable housing committee will convene for its first meeting next week. EXECUTIVE SESSION Mayor Kolff announced that the council would recess to executiVe session regarding property acquisition. He stated the session would take approximately 15 minutes and no action was anticipated following the session. The council retired to executive session at 9:28 p.m. RECONVENE The meeting was reconvened at 9:38 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:40 p.m. Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 7 October 7, 2002