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HomeMy WebLinkAbout09072004 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council ofthe City of Port Townsend met in regular session this seventh day of September, 2004, at 6:30 p.m. in the Port Townsend temporary Council Chambers at Building 204, Fort Worden, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Police Chief Kristen Anderson and City Clerk Pam Kolacy. CHANGES TO THE AGENDA . Mayor Robinson stated that the Finance and Budget Committee Report, which was scheduled for the last business meeting, would be added to New Business. Mr. Benskin requested removal of items E (Chamber of Commerce L T AC contract amendment) and L (Resolution regarding City contributions to paving a portion of 10th and Grant Streets from the Consent Agenda. The items were placed under New Business. Ms. Sandoval requested removal of item H (Ordinance regarding revisions to Chapter 3.42, acceptance of donations to the City). The item was placed under New Business. Mr. Watts stated the scheduled Executive Session would be delayed one week. COMMENTS FROM THE PUBLIC (Consent and non-agenda items) Barbara Hansen: spoke in opposition to the change in time limits for parking behind Victoria Square. James Fritz: thanked the Land Trust for saving trees at the City entrance and spoke in opposition to fees for parking at Fort Worden. John McClure: suggested converting the concrete pad behind James & Hastings into a 15 minute loading zone; spoke in favor of providing parking stickers for downtown residents. . City Council Business Meeting Page 1 September 7, 2004 . Pamela Browning: also supported creating a 15-minute loading zone space behind James & Hastings Building. Unidentified speaker: asked for more lighting by the skate park and supplying winter parking passes for residents. MAYOR, COUNCILOR, CITY MANAGER COMMENTS Mr. Timmons stated the parking concerns raised would be forwarded to the Downtown Parking Advisory Board. Mayor Robinson read a proclamation designating September 10 as United Good Neighbor Day. John Watts accepted the proclamation on behalf ofUGN. Mr. Timmons announced that the City has received a clean audit for 2003 from the State Auditor. A workshop to discuss WRIA issues will be held on October 25. Mayor Robinson congratulated Deputy Clerk Sheila Spears on achieving Certified Municipal Clerk status. CONSENT AGENDA . Motion: Mr. Kolff moved for approval of the following items on the Consent Agenda, with correction to the August 9 minutes to reflect two roll call votes which were omitted Ms. Sandoval seconded The motion carried unanimously, 7-0, by voice vote. Approval of the following Bills, Claims and Warrants Vouchers 90883 through 91057 in the amount of$343,595.80 Vouchers 91059 through 91252 in the amount of $905,380.32 Vouchers 820041 through 820047 in the amount of $72,049.1 1 Vouchers 824041 through 824043 in the amount of$1,199.74 Vouchers 903041 through 903047 in the amount of$73,212.11 Approval of Minutes of August 9, 2004 (as corrected) Approval of Resolution RESOLUTION 04-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO ACCEPT A U.S. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT, EXECUTE GRANT AGREEMENT, AND . City Council Business Meeting Page 2 September 7, 2004 . EXECUTE PURCHASE AGREEMENTS CONSISTENT WITH THE GRANT FOR ASSISTANCE TO FIREFIGHTERS Approval of Action Authorize the City Manager, on terms protecting the public interest, to settle the lawsuit filed in Jefferson County Superior Court, #04-2-00214-1, and vacate the street referenced in the lawsuit. A public sewer line located in McKinley would not be affected by the street vacation. Approval of Ordinance ORDINANCE 2872 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 3.37, POPE MARiNE BUILDING USE REGULATIONS AND CHARGES, SECTION 3.37.010, GENERAL USE REGULATIONS Approval of Request Approve City sponsorship for "Art Works for the Earth" exhibition in a portion of McCurdy Pavilion from September 20 through October 4, 2004 . Approval of Ordinance ORDINANCE 2874 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 3.50, PUBLIC ARTS PROGRAM -1% FOR THE ARTS, SECTION 3.50.060, PUBLIC ARTS PROJECTS - CITY COUNCIL APPROVAL Approval of Action Task the CD/LU committee to determine a process for creating policy guidelines, and develop recommended policies on placing art in public spaces. The recommended approach involves the CD/LU Committee obtaining input from Park and Recreation Advisory Board and Arts Commission on policies, and developing policies for Council approval. UNFINISHED BUSINESS RESOLUTION 04-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A TASK FORCE TO REVIEW AND EVALUATE CURRENT . City Council Business Meeting Page 3 September 7,2004 . OPERA nONS OF PTTV AND MAKE RECOMMENDA nONS TO THE CITY COUNCIL AND SCHOOL BOARD REGARDING THE FUTURE OF THE STATION Mr. Timmons introduced the resolution, which would establish a task force to make recommendations to the Council regarding allocation of resources, methods for providing accountability for allocation of resources; provision of initial funding and continuing support over a designated time frame to allow establishment of a non-profit public access television organization; and stating that the city administration would take no actions to change the current operation of PTTV pending task force recommendation and action by the governing bodies. Mr. Kolff stated he believes the current interlocal agreement is confusing and that the contract should be examined in its entirety. He suggested modifying the resolution to expand the task force, give preference to all those who served on the former PEG Coordinating Committee, take on a more fundamental evaluation of a non-profit entity for public access that is feasible and would work in Port Townsend, develop recommendations on the specific roles and responsibilities of a PEG Advisory Board; and add protection to the revenue stream so it is always used for the station. He said he would prefer to move forward and not back. . Mr. Masci stated the alternative is to go back to the 2001 interlocal and task that committee study the fee schedule for producers and consider doubling it to protect full funding for the studio. He also suggested producing a resolution confirming that the current status quo will exist through 2005, with complete allocation of franchise fees to the studio, and tasking the committee to find ways to continue the current level of service for public access and then move ahead to discuss how the resource may be used for government programming as well as incorporating all of item #2 in the proposed resolution. Public comment James Fritz: in support of Mr. Masci's proposal Kitti DeLong: in support ofMr. Masci's proposal Glenn Paris Stamm: in support of Mr. Masci's proposal Nancy Schmidt: discussed programming provided to PTTV by Jefferson General Hospital Pat Perreault: in support of Mr. Masci's proposal Karen Johnson: in support ofMr. Masci's proposal Gary Nelson: in support ofMr. Masci's proposal . City Council Business Meeting Page 4 September 7, 2004 Terry Segal: in support ofMr. Masci's proposal . Mark Welch: in support of Mr. Masci's structure with the addition of tasks proposed by Mr. Kolff. Stated there is always room for improvement and review. Sandra Farrell: in support of Mr. Masci's proposal Dell Craig: in support of Mr. Masci's proposal O'Neill Louchard: in support of a combination of the proposals Tod Wexman: in support of Mr. Masci's proposal Cliff Wood: in support of Mr. Masci's proposal Donatis Kinderis: referred to his program on PTTV Mr. Kolff again stated the 2001 Interlocal should be examined and clarified to remove inconsistencies. He stated he could support a motion to rescind approval of the 2004 amendment if this will be addressed completely in the process. . Mr. Watts noted that there is a legal issue involved if the Council chooses to rescind the resolution as the Council's action has resulted in a contract entered into between the City and the School District; he noted the action cannot be rescinded without consent of the other party to the contract. The resolution may be rescinded subject to school district agreement or the City Manager may be directed to explore with the School District the terms of a joint resolution. Motion: Mr. Masci moved to reconsider Resolution 04-034. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by voice vote. (NOTE: Based on the Council discussion, the intent of the motion is to rescind not only Resolution 04-034 but also the approval of the amendment to the interlocal agreement with the School District.) Motion: Mr. Masci moved to rescind Resolution 04-034 (and the approval of the amendment to the interlocal agreement with the School District) subject to staff negotiations. Mr. Sandoval seconded. Amendment: Mr. Kolffproposed to add "and approval of the School District. " Accepted as friendly amendment. Motion as amended carried, 7-0, by voice vote. . Motion: Mr. Masci moved to instruct staff to construct a resolution for council approval that would assign a re-established PEG Board the following matters within the identified time frames: (1) report onfees and revenues and have a recommendation to the Council by November 4, 2004; (2) report on the Board's current operating status and its investigations into non-profit conversion feasibility and have a recommendation to the City Council Business Meeting Page 5 September 7, 2004 . Council by May 1, 2005; and (3) report on the responsibilities of stakeholders and station personnel and partners of the station and have a recommendation to the Council by May 1, 2005; (4) re-examine the 2001 interlocal agreement and make suggestions to improve and clarify it and have a recommendation to the Council by May 1, 2005; and (4) review the allocation of resources among public, educational and governmental programming and have a recommendation to the Council by May 1,2005; and (5) review the methods for providing accountability for the allocation of resources and have a recommendation to the Council by May 1, 2005. In addition, the draft resolution would affirm that the physical status quo of PEG Board and station are guaranteed through 12- 31-05, and this resolution would be brought to Council within 30 days for consideration. Mr. Kolff seconded. Amendment. Mr. Masci stated that "affirming that the physical status quo of PEG Board and station are guaranteed through 12-31-05" doesn't preclude Council action to look at and consider changes to PTTV's budget as part of the 2005 budget process. Accepted as friendly amendment. Motion as amended carried, 7-0, by voice vote. Ms. Robinson expressed concerns in terms ofthe PEG Board being at "arm's length" since the Council is accountable for the public funding which operates the studio. . Ms. Fenn agreed that the Council has not yet discussed the PEG budget and it does need to be considered in the context of the total 2005 budget; she stated that a green light should not be given to any department for what they want without looking at the entire budget. Ms. Sandoval agreed that this is not a direction that the studio is independent; fiscal ties are to the City. RECESS Mayor Robinson called a recess at 8: 15 for the purpose of a break. RECONVENE The meeting was reconvened at 8 :25. ORDINANCE 2868 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CREATING A NEW CHAPTER 9.46 CAMPING, REGULATING CAMPING AND PARKING OF VEHICLES FOR CAMPING OR SLEEPING THEREIN, AND PRESCRIBING PENALTIES . City Attorney John Watts summarized the information in the packet regarding a proposed ordinance which would prevent camping on City rights of way or streets or in parks. City Council Business Meeting Page 6 September 7, 2004 . First reading was approved on July 19 and referred to the Affordable Housing Task Force. The Task Force met on August 10 and recommended that a violation of the ordinance would be a civil infraction rather than a misdemeanor until the third offense within the year. This has been built into the ordinance. Mr. Watts stated that questions have been raised about whether or not existing enforcement techniques can serve the purpose; the problem with that is that enforcement of selected activities is almost impossible if an officer is not on the scene witnessing the activity first hand. The current ordinance change would be a much more effective tool and would allow police to respond to neighborhood concerns. He suggested that 9.46.020 regarding unlawful storage of personal property in public places be removed at this time as this issue can be dealt with separately. He stated that 9.46.050 allows an abutting property owner to allow a visitor to the property owner to make use of the ROW with an RV or camper and asked council to consider whether this should also include this use with permission from a tenant or occupant other than the property owner. Police Chief Anderson noted that laws are created because of abuses by a few; homelessness and affordable housing is a separate issue. She is highly in favor of continuing that work but asked the Council not to eliminate a tool for officers to use on behaviors which have a negative impact on the community. . Mr. Watts clarified that the ordinance does not deal with camping on private property. Public comment Jeff Hammers spoke in opposition to the ordinance. Vannessa Brower (speaking as a citizen) asked that the police put a six-month stay on the ordinance to give the community providers a chance to work on the homeless issue. As a Task Force representative, she suggested that if fees are imposed, the fees be dedicated to affordable housing issues. As a representative of OlyCap, she stated the organization is willing to work with the City in addressing homelessness issues. David Hero expressed concern about creating a revenue source based on fines which could prey upon unfortunate people. Dava Hester stated that the ordinance would further marginalize the homeless. Brenda McMillan spoke in opposition to the ordinance. Matt Cronin spoke in opposition to the ordinance. . Mike Phillips spoke in opposition to the ordinance. City Council Business Meeting Page 7 September 7, 2004 . Daniel Hester spoke in opposition to the ordinance. Mr. Kolff suggested progressive penalties such as warning, small fine, then larger fines. He also said perhaps an unpublished location could be provided where people could move for the remainder of the night. He stated he would support review in six months, with some proof that homelessness is being addressed more aggressively. He would prefer delaying passage rather than passing the ordinance and delaying implementation. Ms. Fenn stated her opposition to criminalizing homelessness; suggested postponing but continuing with a ban on camping in parks. Mrs. Medlicott noted that business owners are seriously impacted by many people who are for whatever reasons, camping or living on public property. She stated this is not an issue about homelessness but about serious impacts to business and property owners by those who choose to camp on public property. She added that the council couldn't expect law enforcement officers to provide safety for the rest of the community unless they are given the tools to do so. . Chief Anderson stated that most of the driver for the ordinance is camping in parks, with the accompanying increase in public health and sanitation issues for park users and staff. She stated that people sleeping in their cars is an ancillary issue. She stated she could accept modifications to the ordinance if camping in parks only is addressed. She is also willing to hold off on enforcement for six months. Mr. Watts suggested bringing forward a separate ordinance dealing with parking in the right of way, and requiring that a warning be given before an infraction notice. He suggested deferring action on the ordinance while staff works on alternate proposals. There were no objections. Ms. Robinson asked for updates from OlyCap over the next months on their progress addressing the homeless shelter situation. ORDINANCE 2875 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE SECTION 17.30.085 RELATING TO REVIEW OF APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS, DEMOLITION STANDARDS TO PROVIDE ADDED REVIEW BEFORE DEMOLITION OF AN HISTORIC STRUCTURE OCCURS Mr. Watts reviewed the packet material, noting that when Council adopted Ordinance 2869 on August 9, Councilor comment indicted a desire to provide qualifications for the independent expert. The ordinance before Council revises Ordinance 2869 to add qualifications for the independent expert. . City Council Business Meeting Page 8 September 7, 2004 There was no public comment. . Motion: Mr. Kolffmovedfor first reading of Ordinance 2875. Ms. Sandoval seconded The motion carried, 4-3, by voice vote, with Benskin, Masci and Medlicott opposed. RESOLUTION 04-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING RESOLUTION 04-039, AUTHORIZING THE CITY MANAGER TO A WARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE CITY HALL ANNEX AND CITY HALL RENOVATION PROJECT City Manager Timmons reviewed the packet material, noting that bids received on the City Hall Annex and City Hall renovation project exceeded the amount of funding allowed. Further bid analysis has resulted in the development of revised specifications which are intended to be consistent with funds available. Mr. Benskin asked where permit fees are reflected in the revised figures. Mr. Timmons stated that information would be provided. Public comment: Todd Wexman: in opposition to the resolution. . Jim McCarron: regarding sales tax issues associated with construction. David Hero stated concerns about eliminating the sprinkler system and whether or not the building will be fully occupiable at the end of Phase 1. Mr. Timmons noted that such areas as professional services are separated out and not subject to sales tax and the city has taken those credits. Specific details are in the packet materials. In regard to the building being occupiable after Phase I, Mr. Timmons stated that if the ceiling were removed to add a sprinkler system, it might create a condition where the building could not be occupied. The current specifications call for a minimum amount of interior damage in terms of seismic braces and stabilization so the building can be used after phase I is completed. Motion: Mr. Kolff moved for approval of Resolution 04-046. Mrs. Medlicott seconded Following discussion, the motion carried, 5-2, by voice vote, Benskin and Masci opposed. . City Council Business Meeting Page 9 September 7, 2004 . . . NEW BUSINESS ORDINANCE 2876 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 2.10, CITY MANAGER, SECTION 2.10.040 RELATING TO POWERS AND DUTŒS OF THE CITY MANAGER, TO PROVIDE AUTHORITY TO THE CITY MANAGER TO ESTABLISH FACILITY RULES AND REGULATIONS, INCLUDING FINES FOR OVERDUE LIBRARY MATERIALS City Attorney Watts reviewed the packet material, noting that the ordinance does two things: provides a grant of authority to the City Manager to adopt rules and regulations for City facilities; and specifically authorizes the City Manager to approve a library fine for overdue materials. Library Director Theresa Percy stated that charging a fee for overdue videos and DVDs will encourage patrons to return them on time and thus keep them in circulation, and will also provide funding to purchase new materials. She added that about 80% of the libraries in the state, including Jefferson County, collect fees on these materials. There was no public comment. Ms. Fenn expressed concern about the breadth of authority a future City Manager might claim under the provisions of the ordinance. She suggested removing the last sentence in (5) ("This does not apply if, in the city manager's determination, a rule or regulation needs to be in place before consultation can occur.") Mr. Timmons stated any determination made in those circumstances would be considered an interim rule until consultation could be done (a meeting called, for instance.) Reading could be "city manager may adopt interim rules pending recommendation by the appropriate advisory body." Ms. Medlicott suggested separating the two issues addressed by the ordinance. Mr. Watts stated that would be an option for the second reading. Motion: Mr. Kolff moved for first reading of Ordinance 2876, with the following changes: (3) add "and reported to the City Council prior to implementation" at the end of the sentence. In #4 and #5 change "should" to "shall" in all instances. In #4 and #5 remove "as the city manager deems appropriate" Striking the last sentence in #5 as discussed. Ms. Fenn seconded. City Council Business Meeting September 7, 2004 Page 10 . Ms. Fenn proposed afriendly amendment-to change the last sentence in #5 to "the City Manager may adopt interim rules and regulations if needed before consultation can occur. " The amendment was accepted. Vote: motion carried, 5-2, Benskin and Masci opposed RESOLUTION 04-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, SUPPORTING CITY CONTRIBUTION TO ALDRICH SIDEWALK RECONSTRUCTION ORDINANCE NO. 2877 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 13.03, SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER CONNECTIONS TO AUTHORIZE THE CITY MANAGER TO DEFER SYSTEM DEVELOPMENT CHARGES, AND TO AMEND CHAPTER 29.09, LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES TO AUTHORIZE THE CITY MANAGER TO DEFER LAND USE AND BUILDING PERMIT FEES . Mr. Timmons reviewed the packet materials. Public comment None Motion: Ms. Fenn moved for approval of Resolution 04-048. Mr. Kolff seconded. Mr. Benskin stated that a policy delaying fees should be universal, not just for people who may be favored by the City. He noted that another sidewalk project had not received any assistance from the city. Mr. Timmons noted that judgment is done on a case-by-case basis and is always based on funding availability, as each project is unique. Mr. Watts noted that Aldrich's had an existing sidewalk which could have been left intact although it was in bad shape; this allows the sidewalk to be removed and improved, thereby benefiting the general public. Mr. Benskin stated this is the sort of project that would be required to put in a sidewalk as part of the permit; he stated the city burdens applicants and not all of them get relief. . City Council Business Meeting Page 11 September 7, 2004 . Mr. Watts said that new development is required to pay for infrastructure; this was existing infrastructure and in some situations, there may be public benefit beyond the developer. Vote: motion carried, 6-1, by voice vote, Benskin opposed Motion: Mr. Masci movedfor first reading of Ordinance 2877. Ms. Fenn seconded. Mrs. Medlicott received clarification that fees would be deferred, not forgiven. Mr. Benskin stated this should not be a site-specific policy and if it is done for one applicant, it should be presented as an option for every applicant in order to make city policies fair. Vote: motion carried, 5-2, by voice vote, Benskin and Sandoval opposed. Motion: Mr. Kolff moved to waive council rules in order to adopt the ordinance this evening. Ms. Sandoval seconded Ms. Robinson noted that this is a catastrophic situation and the City's response would not necessarily be the same to anyone who wanted to build. Vote: motion carried, 5-2, by voice vote, Benskin and Masci opposed . Mr. Kolffmovedfor adoption of Ordinance 2877. Ms. Fenn seconded. The motion carried, 5-2, by roll call vote, Benskin and Masci opposed. RESOLUTION 04-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING PARTICIPATION IN THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID AND INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION (ICMA) CITYLINKS PROGRAM Mr. Timmons stated the City has been chosen to participate in the United States Agency for International Development CityLinks program to share their local government expertise with communities in developing countries. Council is asked to adopt a resolution authorizing participation. There was no public comment. Motion: Mrs. Medlicott moved to approve Resolution 04-050. Mr. Masci seconded. The motion carried unanimously, 7-0, by voice vote. . City Council Business Meeting Page 12 September 7, 2004 . . . MEMORANDUM OF AGREEMENT: CITY/JEFFERSON COUNTY SHERIFF'S OFFICE OPERATIONS REVIEW Mr. Timmons stated that a memorandum of agreement is before the Council which would provide for the Jefferson County Sheriffs office to compensate the city for up to 10 hours per week for Chief Anderson's time to review with Sheriff Brasfield options to determine whether cooperative efforts and efficiencies can be created between the Police Department and Sheriffs Office that benefit both agencies and the citizens of the City and County. There was no public comment. Motion: Mr. Masci moved to authorize the City Manager to execute a Memorandum of Agreement, as provided in the council packet, with the Jefferson County Sheriff's Office for review of efficiencies that might benefit both agencies. Mr. Kolff seconded The motion carried unanimously, 7-0, by voice vote. FINANCE COMMITTEE RECOMMENDATION The Finance Committee's minutes and recommendation were presented to the Council for information. Action at the committee included unanimous approval to the full Council that it authorize a ballot measure for a permanent levy lid lift of$l per $1,000 to fund deferred maintenance in order to maintain level of service. A straight levy lid lift of $1 per thousand would generate $750,000 to fund deferred maintenance core issues. There was no public comment. The committee's recommendation will be discussed at the Council retreat on Saturday. RESOLUTION 04-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING CITY CONTRIBUTION OF ONE-HALF THE COSTS TO P AVE 10TH STREET (BETWEEN SHERIDAN AND GRANT) AND GRANT STREET (BETWEEN 9TH AND 10TH STREETS) Mr. Benskin asked for some information on how the City decides which projects will receive city contributions. Staff noted this is done on a case-by-case basis and subject to availability of funds. The project owner, Jim McCarron, gave a history of the project. Motion: Mr. Masci moved to approve Resolution 04-049. Mrs. Medlicott seconded. The motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 13 September 7, 2004 . . . CHAMBER OF COMMERCE LTAC CONTRACT AMENDMENT Mr. Benskin asked for an explanation of the changes to the contract. Mr. Timmons stated it is an addendum, and puts guidelines concerning potential budget overruns into the agreement, and provides that only proposed expenditures that the City approves by requisition and that are consistent with a budget reconciliation shall be approved for payment. He also noted that the Chamber does not want to continue this form of contractual relationship into 2005. Motion: Mr. Masci moved to authorize the City Manager to sign an Amendment to Contract with the Chamber of Commerce regarding LTAC in substantially the form attached. Mr. Kolff seconded. The motion carried unanimously, 7-0, by voice vote. ORDINANCE 2873 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 3.42, ACCEPTANCE OF DONATIONS TO THE CITY OF PORT TOWNSEND Ms. Sandoval's question concerned whether of not donated art would be appraised and deducted from the budget for a city project if it were part of the project. Mr. Watts stated that this would not be the case. The ordinance refers back to recently adopted Chapter 3.50 establishing a 1 % for the arts program. Motion: Mr. Kolffmoved to waive Council rules in order to adopt Ordinance 2873. Ms. Sandoval seconded The motion carried, 6-1, by voice vote, Masci opposed Motion: Mr. Kolffmovedfor adoption of Ordinance 2873. Mr. Masci seconded. The motion carried unanimously, 7-0, by roll call vote. ADJOURN There being no further business, the meeting was adjourned at 11 :27 p.m. Attest: ()thwh-c¡{~ Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 14 September 7, 2004