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HomeMy WebLinkAbout09062001CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE CONTINUED SESSION OF SEPTEMBER 6, 2001 CONTINUED FROM SEPTEMBER 4, 2001 The City Council of the City of Port Townsend met in continued regular session this sixth day of September, 2001, at 5:00 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Geoff Masci presiding. The meeting was continued from September 4, 2001. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Joe Finnie, Allen Frank, Vern Garrison, Geoff Masci, Syd Lipton, Bill Wolcott and Alan Youse. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Masci called the council's attention to the changed order of business. There were no objections to the agenda order. UNFINISHED BUSINESS KAH TAI PROPERTY PURCHASE Mr. Masci stated that the city has a contractual commitment to the PUD to make the final payment for the land adjacent to Kah Tai Park and that the funds have been budgeted for this year. He stated that the staff brought the matter forward as a matter of information to the council before the final action was taken. He asked those present in the audience of the chamberS how many were there to speak in favor of the purchase. Approximately 15 people raised their hands. He asked if anyone was present to speak against the purchase. No hands were raised. He then suggested that the item be moved forward as quickly as possible due to the routine nature of the item and the unanimous support of those present for public comment.. Motion: Mr. Lipton moved to suspend the council rules and bypass public comment on this issue. Mr. Finnie seconded. Mr. Garrison suggested that the public should still be allowed to speak if they wished. Public comment: Nancy Dorgan spoke in favor of the purchase. City Council Business Meeting (Continued) Page 1 September 6, 2001 (continued from September 4) Mr. Garrison left the meeting at 5:15 Vote: The motion carried, 5-1 with Mr. Frank opposed and Mr. Garrison absent from the room. Motion: Mr. Finnie moved to direct the City Manager to make the final payment under Real Estate Contract dated danuary 4, 1998 to the Public Utilities District in the amount of $74, 000. OO plus interest. Mr. Wolcott seconded Mr. Frank expressed reservations and stated that there are two alternatives - one is to make the last payment, the other is to evaluate whether the property is worth the current purchase price; he suggested the Parks and Recreation Committee study the matter and make a recommendation. Mr. Watts replied to some questions concerning legal issues. He stated that cash is now due on a binding real estate agreement, that either party may take action which will result in the contract not being completed, but that there is not opportunity for unilateral withdrawal by the city; the PUD would have various remedies in that case. Motion: Mr. Lipton moved the previous question. Mr. Finnie seconded The motion carried 5-2, with Mr. Frank and Mr. Garrison opposed Vote on the original motion: The motion carried 5-2, by voice vote, with Mr. Frank and Mr. Garrison opposed Motion: Mr. Frank then moved that the council go into executive session. The motion failed, 3-4. Motion: Mr. Frank moved that the council have an executive session at the end of the order of business. The motion carried 7-0, by voice vote. STREET LEVY/BANKED CAPACITY/ADVISORY BALLOT Mr. Watts presented three draft resolutions relating to possible advisory ballot measures. Public Comment: Lyn Hersey: commented on the city's first newsletter enclosed in the last utility bills. She stated that if the advisory ballot is not approved, the newsletter may be a good opportunity to get input from the community on certain issues. Nancy Dorgan: recommended that the council raise taxes to pay for street improvements even if voters reject a levy. She stated the only reason streets were fixed this year was due to the transfer of the surplus from the solid waste fund which exists because excessive garbage rates were left in place. City Council Business Meeting (Continued) Page 2 September 6, 2001 (continued from September 4) Dana Roberts: reminded that an inclusion of advisory questions with utility bills would not include responses from any renters within the city. Richard Berg: stated that although he is working with candidate Catharine Robinson, his comments are his own. He stated his general support for low cost advisory ballots but does not think that an election year is the appropriate time. The vote for council/manager government was overwhelming and as far as he is aware every candidate supports the form of government. He suggested that next fall might be a better time to propose advisory ballots. Mr. Timmons and Mr. Masci left the meeting at 5:50 p.m. Deputy Mayor. Finnie took over as presiding officer. Consensus of the council was to take the measures one at a time. RESOLUTION 01-039 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PORT TOWNSEND, FOR ADVISORY PURPOSES ONLY, ON THE JEFFERSON COUNTY OFFICIAL BALLOT FOR NOVEMBER 6, 2001 A PROPOSITION REGARDING FORM OF GOVERNMENT Mr. Frank questioned the crafting of the ballot measure wording. He suggested it should be as simple as possible, with fewer words. Mr. Watts noted that there is no accepted format but the auditor could seek review if a problem was found. Motion: Mr. Frank moved to approve resolution 01-039, amended by eliminating the first sentence in the proposed ballot measure. Mr. Garrison seconded. Mr. Frank spoke in support of the motion. A1 Youse commented that he has not heard that anyone is disappointed with the decision. Mr. Garrison spoke in support of the motion. Mr. Wolcott stated that in this case the vote has already been taken by the citizens and an advisory ballot is not necessary. Mr. Lipton agreed that the vote to change the form of government was overwhelming and there is no need for an advisory ballot.. Vote: the motion failed, 2-4, with Mr. Frank and Mr. Garrison in favor City Council Business Meeting (Continued) Page 3 September 6, 2001 (continued from September 4) RESOLUTION 01-040 RESOLUTION OF THE CITY OF PORT TOWNSEND SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PORT TOWNSEND, FOR ADVISORY PURPOSES ONLY, ON THE JEFFERSON COUNTY OFFICIAL BALLOT FOR NOVEMBER 6, 2001 A PROPOSITION REGARDING BANKED PROPERTY TAX CAPACITY. RESOLUTION 01-041 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PORT TOWNSEND, FOR ADVISORY PURPOSES ONLY, ON THE JEFFERSON COUNTY OFFICIAL BALLOT FOR NOVEMBER 6, 2001 A PROPOSITION REGARDING BANKED PROPERTY TAX CAPACITY FOR SPECIFIC CAPITAL PROJECTS Mr. Watts noted that the original advisory measure combined the two issues and the county prosecutor advised splitting the issue as two ballot measures. State law prohibits compound questions in a ballot measure. Motion: Mr. Frank moved to approve Resolution 01-040, with the amendment that the first sentence in the proposition be eliminated so the proposition would begin with "The decision of the City Council to adopt zero percent ..... "Mr. Wolcott seconded. Amendment: Mr. Wolcott proposed a friendly amendment removing the words "or saved" immediately after "banked"from the final sentence of the ballot proposition. amendment was accepted. The Mr. Finnie stated that Mr. Lipton was already late for a meeting and is staying out of courtesy to the council but will have to go soon and asked the council to move the business forward as quickly as possible. Mr. Wolcott characterized the ballot as a worthwhile exercise in democracy. Mr. Youse stated that he ran on a platform of not raising taxes, so therefore does not feel he has a "banked capacity" but rather would find funding but cutting somewhere else. He noted that council candidates will express their opinions on the issue and citizens will vote for the candidates whose positions they favor so there is no need for a separate advisory vote. The voters will speak through the election process. Mr. Lipton noted that the new council may do what they feel is best anyway and an advisory vote would not prevent that. Property tax control can be a managerial tool; he added that the advisory vote would probably not aid the council since people are fundamentally opposed to tax increases and will probably express that opinion if asked. He added that this is an election year and if the council doesn't do the job, the voters will do the job for them. City Council Business Meeting (Continued) Page 4 September 6, 2001 (continued from September 4) Mr. Frank spoke in support of the motion.. Mr. Finnie stated that has always been and will always be anti-proposition and that includes this issue. He stated he was hired to vote on these issues and this is what he will do. Mr. Lipton called the previous question, stating that he had to leave the meeting for another commitment. Mr. Youse seconded. The motion failed on a 3-3 tie with Mr. Frank, Mr. Wolcott and Mr. Garrison opposed. Mr. Frank spoke in favor of the motion. Mr. Garrison spoke in favor of the motion. Mr. Lipton left the meeting at 6:50 pm Mr. Frank and Mr. Garrison spoke again in favor of the motion. Vote: The motion carried, 3-2 with Mr. Youse and Mr. Finnie opposed. Mr. Finnie stated that the other items of new business would be moved to the next meeting, which is scheduled for Monday, September 10. The remainder of business will be addressed prior t° the already scheduled workshop meetin. EXECUTIVE SESSION At 7:05, Mr. Finnie announced that the council would adjourn to executive session. The session regarding potential litigation was expected to last ten minutes and no action was anticipated. RECONVENE The meeting was reconvened at 7:20. MEETING CONTINUED There being no further business, at 7:21 the meeting was continued to September 10, at 6:30 p.m. ATTEST / Pam Kolacy, CMC City Clerk City Council Business Meeting (Continued) Page 5 September 6, 2001 (continued from September 4)