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,
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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