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HomeMy WebLinkAbout10042004 . . . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council ofthe City of Port Townsend met in regular session this fourth day of October, 2004, at 6:30 p.m. in the Port Townsend temporary Council Chambers at Building 204, Fort Worden State Park, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Freida Fenn, Kees Kolff, GeoffMasci, Laurie Medlicott, and Catharine Robinson. Frank Benskin and Michelle Sandoval were excused. Staff members present were City Attorney/Acting City Manager John Watts and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Robinson stated she would like to change the order of the items under "public comment" so that the proclamation would be presented prior to general public comment. PROCLAMATION Mayor Robinson read a proclamation regarding Domestic Violence Awareness Month. Suzanne Wildman was present to accept the proclamation. PUBLIC COMMENT (consent and non-agenda items) Vern Garrison: opposed to tax levy increase Al Frank: opposed to tax levy increase The following spoke in regard to the enforcement action against Frog Hollow/Wild Roses/Sunny Scholars school in support of resolving permit issues and allowing the school to re-open: Bernie Donanberg Sylvia Platt Andrea Lawson Catherine Parkman Cindy Buxton Haley Olson: City Council Business Meeting Page J October 4, 2004 . John Camastro/Elizabeth Bissonnette Bo Bricklemyer Jeannie Ceis Allison Dey Marc Weinblatt Kate Garfield Rosalind Russell Hennis Carey Donna Hildebrand Bernie Arthur in opposition to surcharges by Fort Worden for event parking. Jim Hagen in favor of public testimony at upcoming information forum Bob Sokol in opposition to tax levy increase Public comment was concluded at 7:35 p.m. MA YOR, COUNCILOR OR CITY MANAGER COMMENT Mrs. Medlicott requested the opportunity to make a statement. She clarified that cutting funding for the Chamber of Commerce was never an intention of the Council; the Chamber receives funding from L T AC, not the general fund, and its inclusion under the non-profit category was in error on Resolution 04- 053 regarding the city's intention for . cutting programs if the tax levy is defeated. Ms. Robinson noted that the proposed format for the informational forum regarding the bond levy was scheduled for discussion at the end of the meeting. Mr. Watts commented on the school enforcement issue, noting that city administration does require that the Building Code be complied with as a condition of operation of a facility which the city understands to be a school; there are safety concerns that a yurt or tent may not meet fire codes and there is a potential risk to the city as well as the students if injuries result from that. He added that the staff is ready to work with the school but without knowing more about what State regulations are and without a permit for operation being submitted, they do not have enough information to make that determination. He said the city is bound by the state building code and is not in a position to waive codes, particularly in a life safety situation nor is the City Council in a position to modify the state building code without state building council approval. He added that it is not the city's responsibility to design a project. He said the Council may be able to look at modifying the conditional use process. Regarding comments that the city newsletter advocated passage of the bond levy, Mr. Watts noted that it is true that the Public Disclosure Commission and state law prohibit a . City Council Business Meeting Page 2 October 4, 2004 . political jurisdiction from taking a position for or against a ballot measure except in narrow circumstances. The city can produce an informational sheet in the nature of a newsletter or question and answer document. He added that both the newsletter and the question and answer document were reviewed with the PDC and the PDC issued a verbal opinion that they met the test of objectivity as factual pieces about the background of the levy and the effect if not passed. He stated the PDC will be providing a written summary of its verbal advice which will be made available to the public. CONSENT AGENDA Ms. Robinson noted a correction to the September 20 minutes, page 7, where the word "mobile" should be replaced with "modular." Mr. Masci commented that he thought minutes should reflect the totality of discussion on every issue. Motion: Mr. Masci moved for approval of the following items on the Consent Agenda with the correction noted to September 20 minutes. Mr. Koljf seconded Motion carried unanimously, 5-0. A. Approval of Bills, Claims and Warrants Vouchers 91399 through 91531 in the amount of$368,086.81 Vouchers 1005041 through 1005048 in the amount of $72,527.74 . B. Approval of Minutes: September 7, 2004 September 13, 2004 September 15,2004 September 20, 2004 RECESS Mayor Robinson called a recess at 7:45 for the purpose of a break. RECONVENE The meeting was reconvened at 8 p.m. UNFINISHED BUSINESS RESOLUTION 04-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND RESCINDING RESOLUTION 04-034 REGARDING ESTABLISHING A CITIZEN TASK FORCE FOR PTTV, AND DECLARING SUPPORT FOR PTTV. Mr. Watts provided written materials outlining a change to the original packet noting that . City Council Business Meeting Page 3 October 4, 2004 . certain producer members have objected to the proposed process because it inserts the Council task list as an amendment into the 2001 Interlocal Agreement without the coordinating committee's approval. The process based on tonight's handouts would be to adopt Resolution 04-055 which would assign the tasks subject to coordinating committee input; then approve an amendment which rescinds the 2004 interlocal. Ms. Robinson asked if the School Board should approve the change since they stipulated that the six tasks be added to the agreement. Mr. Watts stated that the City could get clarification from the School Board as to whether they need to see the items in the agreement or are in agreement with the approach suggested. He stated the Coordinating Committee would receive the Council resolution with the task list to see if they have any issues with the task list, then can notify the School District that the task list has been accepted. If the Committee doesn't agree to accept the task list then the Council and School Board will have to determine the next step. It was also noted that the last two lines ofthe third "WHEREAS" in the resolution would be struck to reflect the new process. Public Comment: Glenn Paris Stamm spoke against the task force created by Resolution 04-034. . Motion: Mr. Masci moved to approve Resolution 04-055 as revised and distributed by the City Attorney this evening, rescinding Resolution 04-034 and affirming support of PTTVand authorizing the City Manager to execute an amendment to the 2004 interlocal agreement according to the process presented. Ms. Medlicott seconded Ms. Robinson asked for a quick response from the Committee on the item regarding fees, which has a November 4 deadline. Vote: the motion carried unanimously, 5-0, by voice vote. 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 noted the matter is before Council for a possible second reading/adoption and that the first reading was approved, 4-3, at the September 7, 2004 meeting. The ordinance establishes a definition for an "independent expert" who would be appointed to review the demolition application. . City Council Business Meeting Page 4 October 4, 2004 There was no public comment. . Motion: Mr. Koljfmovedfor adoption of Ordinance 2875. Mr. Masci seconded Ms. Fenn objected to language stated "HPC shall not be involved in reviewing structural or financial analysis relative to proposed demolition." Mr. Watts stated that the framework for the independent expert was to prevent the applicant from going through two separate processes. He added that nothing prevents individual members of the HPC from commenting on the information submitted with the application; the HPC would not be involved as a collective body. Amendment: Ms. Fenn moved to amend the motion to remove the last sentence in D 4. (HPC shall not be involved ...... ...) Mr. Koljfseconded. Motionfailed, 1-4, with Fenn in favor. Amendment: Mr. Koljf moved to amend the motion to change the sentence to read: "HPC shall not review structural or financial analysis relative to a proposed demolition as part of their process but is open to submit comments to the independent expert. " Motion carried unanimously, 5-0, by voice vote. Ms. Medlicott objected to voting on last minute changes. Mr. Masci stated he has opposed the ordinance from inception. . Vote: motion to adopt Ordinance 2875 failed, 2-3, by roll call vote, Koljf, Masci and Medlicott opposed. 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 DUTIES OF THE CITY MANAGER, TO PROVIDE AUTHORITY TO THE CITY MANAGER TO ESTABLISH FACILITY RULES AND REGULATIONS, INCLUDING, FINES FOR OVERDUE LIBRARY MATERIALS Mr. Watts distributed a letter from John Wood to Mr. Kolffsuggesting the City join in requesting Representative Kessler to ask the Attorney General for a formal opinion about whether library fines are legal. He noted that Ms. Kessler has forwarded the request from her office to the Attorney General and an opinion could be issued within a week or two if rejected or up to three months from now if the AG accepts the issue for review. He noted it makes sense to postpone the matter so there is an opportunity to hear back from the Attorney General. Mr. Watts also noted that he discussed the matter with Library Director Theresa Percy . City Council Business Meeting Page 5 October 4,2004 . today and she stated that a delay in the decision is not critical to the library's operation. He added that Ms. Percy strongly disagrees with the statement in the letter that the purpose of the fine system is to raise revenue; the main purpose is to encourage the return of materials on a timely basis so they can be available to other patrons. Motion: Mr. Masci moved to table Ordinance 2876. Mrs. Medlicott seconded The motion carried unanimously, 5-0, by voice vote. FIRE DISTRICT 6 CONSOLIDATION The General Government Committee has brought forward a recommendation regarding the proposed operational consolidation with Fire District 6. Mr. Masci and Mr. Kolff gave brief commentaries on the meeting. There was no public comment. Motion: Mr. Masci moved to adopt the recommendation of the General Government Committee to allow staff to proceed with preparing legal and operational documentation required to adequately evaluate the possibility of operational consolidation with Fire District 6. Mrs. Medlicott seconded The motion carried unanimously, 5-0, by voice vote. NEW BUSINESS . HIRING FREEZE PENDING RESULTS OF BALLOT MEASURE Mr. Masci read comments from Mr. Benskin. Mr. Masci stated that the City must discuss some internal efficiency measures, which might include combining efforts with the County to provide building services. Mr. Kolff expressed confusion about the differing information from Mr. Benskin and staff and asked that this matter be addressed at the next meeting when staff can be present. More information about open positions, dollar amounts, and departmental needs was requested. Ms. Fenn noted that Mr. Benskin should state that he works for the County as a matter of public disclosure. Consensus was to address the matter again on October 18, with more information from staff. Community Informational Forum on Tax Levy Ballot Proposition The Finance/Budget Committee was tasked with planning an informational forum on the . City Council Business Meeting Page 6 October 4, 2004 . proposed tax levy increase. They have proposed a meeting at the Community Center on Tuesday, October 12, at 7 p.m. The meeting will begin with a staff presentation on the ballot measure, followed by questions submitted in writing or asked at the microphone. Questions will be displayed on a screen and public comment will also be taken. Questions and comments will be limited to three minutes per person and time may not be ceded from one participant to another. This will not be a City Council meeting so the Council will not sit as a body but are highly encouraged to attend the meeting. Responses to questions will be held until several questions have been presented. Ground rules will be established. Comments from Council Mr. Masci read comments from Mr. Benskin proposing that Council meetings return to City Hall. Ms. Kolacy stated that the City has contracted with the Fort for a year-long period; furniture from City Hall has been moved to storage; and construction and restoration may begin soon. ADJOURN There being no further business, the meeting was adjourned at 9:20 p.m. . Attest: O~q{Ah ~ Pamela Kolacy, CMC Ii '-""v~ () City Clerk . City Council Business Meeting Page 7 October 4,2004