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HomeMy WebLinkAbout08041997 . . . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF AUGUST 04, 1997 The City Council of the City of Port Townsend met in regular session this fourth day of August, 1997, at 6:30 p.m. in the Port Townsend Community Center, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Diane Perry-Thompson, Ted Shoulberg, Ian Keith, Kathryn Jenks, Jean Camfield and Mark Welch. Also present were City Clerk Pam Kolacy, Police Chief Jim Newton, BCD Director Bruce Freeland, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Fire Chief Howard Scott, Library Director Linnea Patrick, City Treasurer Derek Stacey Thompson, Planner Jeff Randall, and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS I> Mr. Joseph Finnie, newly appointed to the Planning Commission was introduced and welcomed. I> Mr. Alex Angud, newly hired Public Works Inspector was also introduced and welcomed. PRIORITY PRESENTATION Informational presentation on Revaluation and Property Tax, Jack Westerman, County Assessor Mr. Westerman gave a brief overview of 1997 property taxes and answered questions from the council. PEG Cabt~ 1:eleyision. Councilmembers Welch and Shoulberg Mr. Welch and Mr. Shoulberg gave an update on the progress of the plans for public, educational, and government cable television to be funded by cable franchise fees, with special emphasis on the city - school district partnership. They supported increasing the amount of the franchise fee from subscribers to be used for operation and maintenance of the proposed new station facility. AGENDA CHANGES OR ADDITIONS I> Discussion on Personnel Policies moved from Councilmembers General Discussion to first Public Comment Section. I> The Mayor announced there will be no Executive Session. I> Move Item D from the Consent Agent to Item C of New Business. City Council Minutes Page 1 August 4, 1997 . . . CONSENT AGENDA Councilmember Keith made a motion to approve the following items on the Consent Agenda as amended which was seconded by Councilmember Perry-Thompson and passed unanimously, 7 in favor, by voice vote. Approval of the followine Bills and Claims: 010 094 110 120 130 180 411 412 500 610 Current Expense Garbage Street Library Park Capital Improvement Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief $ 30,446.78 38,206.86 15,974.46 2,370.95 2,849.10 6.73 45,168.13 24,854.78 45,886.32 51~.28 Total $ 206,279.39 Approval of Appointment: Elizabeth Calhoun to the Arts Commission -- Term expires February 1, 1999 (Filling unexpired term) Approval of Thoms Final Short Plat Approval of ResolutioQ: RESOLUTION No. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #3 FOR $16,881.65 TO THE SAN JUAN AVENUE IMPROVEMENTS PROJECT TO MODIFY THE DETENTION POND AND INFILTRAT10N SYSTEM Moved to New Business. Comrn\ll1ications: A letter dated July 15, 1997, from Mr. Jack Westerman III, Jefferson County Assessor, to Jefferson County Taxing Districts regarding Referendum 47. (For information.) Page 2 August 4, 1997 City Council Minutes . . . A letter dated July 17, 1997, from Ms. Kathleen Jackson, 196 25th Street, Port Townsend, to Mayor McCulloch expressing concern regarding site #19 for the police facility, and the Mayor's reply dated July 25, 1997. (For information.) A letter dated July 21, 1997, from Mr. Richard Wojt, Chair, Board of County Commissioners, to Mayor McCulloch and Councilmembers Shoulberg and Keith regarding scheduling Joint Growth Management Steering Committee discussion as concerns the development of the Glen Cove Area, and the Mayor's reply dated July 30, 1997. (For information.) A letter dated July 22, 1997, from Mayor McCulloch to the County Commissioners with the re- appointment of Council member Ted Shoulberg to the Board of Health. (For information.) A letter dated July 24, 1997, from Ms. Regina Siefried, 1015 Jefferson Street, Port Townsend to BCD Director Bruce Freeland opposing temporarily moving St. Paul's Episcopal Parish Hall into the street. (For information.) A letter dated July 25, 1997, from Mr. Lewis Egnew, 1041 Jefferson Street, Port Townsend, to the BCD Department opposing temporarily moving St. Paul's Episcopal Parish Hall into the street. (For information. ) A letter dated July 30, 1997, from BCD Director Freeland to neighbors of Saint Paul's Parish Hall informing of the circumstances for the temporary placement of the Old Parish Hall Building on Jefferson Street and apologizing for any inconvenience or annoyance. (For information.) An undated 1997 City Budget Schedule. (For information.) This concludes the Consent Agenda. PUBLIC COMMENTS Discussion of Personnel Policies scheduled for Councilmembers' General Discussion was moved forward to accommodate the large number of participants. Byron Ruby spoke in opposition to sabbatical leave for department heads. Joan Delgado spoke in support of allowing commercial use of the Union Wharf floating dock, stating that some types of commercial use are complimentary to the required recreational use of the dock. Gary Pelroy spoke about the growing number of people parking on the Fort Worden overlook on Walnut Street, and problems it is causing. City Council Minutes Page 3 August 4, 1997 . . . Bonnie Baker spoke in opposition to sabbatical leaves for department heads. Gaither Baker spoke in opposition to sabbatical leave policy. Colby Fox added to Mr. Pelroy's comments about parking on the bluff at Walnut and "W". She stated that the growing use as a long term "camping" spot affects the safety of the neighborhood; suggested "no parking" signs be posted. She also spoke in opposition to the sabbatical leave policy. Forrest Rambo spoke in opposition to the sabbatical leave policy. He also commented in favor of having a commercial element to Union Wharf. He then suggested expanding public comment time at council meetings to every item of business. Phil Speser spoke in opposition to the sabbatical leave policy and suggested a citizen's advisory committee to address the issues surrounding city employee work loads. Vern Garrison spoke in opposition to the sabbatical leave policy. Lynn Hersey, member of the Parks Commission, spoke in favor of commercial use at Union Wharf. Brenda McMillan spoke in opposition to the sabbatical leave policy. Jack Westerman thanked the police and public works department for their annual assistance at the Rhody Run. Shirley Rudolph, Economic Development Council (EDC), supported commercial use of Union Wharf, that restrictions should be not dictated by the $90,000 grant from IAC, and suggested a reservation fee be instated to cover signage and other costs. Madge Wallin spoke in favor of citizen involvement and participation at council meetings. Lloyd Cahoon, Manager, Port of Port Townsend supported the Chamber of Commerce and EDC in their suggestions for commercial use of Union Wharf. He referenced the Chamber of Commerce letter with the same recommendations as EDC and noted that the Port views some uses deemed commercial by the IAC as primarily recreational, for example sightseeing vessels, and excursion boats. He offered to assist in interceding with the IAC for a more liberal interpretation of the allowed dock usage. Byron Ruby urged the council to return to City Hall for meetings as quickly as possible.. There were no further comments, and the public comment period was closed. City Council Minutes Page 4 August 4, 1997 . . . Mayor McCulloch then addressed the sabbatical leave issue. She said it is unfortunate that the sabbatical issue has met with such public opposition but does respect public views, although she thinks there may be aspects that are not understood. She stated it was not her original intent that sabbaticals be for department heads only, but that they should start with department heads. She stressed that staff did not lobby for sabbaticals, and noted the policy would have provided an additional option for the mayor to consider, rather than an automatic benefit. She astated that providing sabbaticals is more economical than losing employees and having to replace them. She noted that the leave was unpaid if educational projects were not pursued, and that expansion to other employees was considered, but is at this time anoption that would be too expensive to implement. Ms. Perry-Thompson everyone who participated in the discussion. She reiterated that the staff did not lobby for sabbaticals and noted that the idea of how to provide rest and renewal periods for workers in all sectors is an issue that deserves consideration. Ms. Jenks proposed the formation of an ad hoc council committee to look through policies and practices. Some issues she cited for dialogue: 1) issue of stress and benefits and leave policy, other than sabbatical leave. 2) Leave without pay, but with benefits 3) training and education policies; 5) news media policy; 5) performance evaluations. She also noted her support of the administrative staff. . Mayor McCulloch asked if the council wished to revisit the personnel policies at this time. Mr. Davidson moved that the mayor be directed to remove the sabbatical leave policy from the Personnel Policy Manual. Mr. Shoulberg stated that each members should be allowed to speak before the motion were made. Ms. Camfield said that the council should have been more interactive and proactive regarding the issue. Although many leave policies are governed by law, she apologized that the public was not more involved. Ms. Jenks suggested a discussion of the committee of the whole to look at personnel procedures. Ms. Camfield indicated that all the policies did not need to be revisited, but perhaps leave policies should be studied. Shoulberg commented that the staff has grown increasingly more professional and is extremely dedicated. MOTION: Shoulberg Council request the Mayor delete from page 84 of the Personnel Policies the section on Sabbatical Leave SECOND: Davidson Jenks requested a friendly amendment: Convene a discussion to insert the appropriate leave and benefit policies. City Council Minutes Page 5 August 4, 1997 . . . Shoulberg declined to amend. VOTE: UNANIMOUS, 7 in favor Mr. Keith said another controversial piece of the personnel policies is the media policy. He proposed language, "This shall not be construed to preclude any contact with a city employee and the press." Mayor McCulloch pointed out that the language in the recommendation was chosen in accordance with Washington Cities Insurance Authority guidelines, and language changes should be reviewed by the city attorney. Welch said the policy as written in certainly not a "gag order". MOTION: Jenks Establish a Practices and Procedures Committee to examine the personnel policies for Council edification and potential change. SECOND: Davidson Ms. Jenks noted the committee would be intended as an ad hoc committee for a limited time. Davidson: Seconded this because it made sense to have a committee, not a permanent committee, and support the motion. Jenks: Know the sabbatical policy was an issue, but think other personnel issues need to be addressed. VOTE: UNANIMOUS, 7 in favor Mr. Shoulberg said he is opposed to the media policy and wanted further clarification of the city attorney's research on the issue. Mr. McMahan replied he wants to confirm language with the Insurance Authority; agreed that the policy is somewhat vague as written. Jenks said she wants to include that if employees say the wrong thing, they are not disciplined. Police Chief Newton said he would like it slightly more expansive regarding discipline, in reference to Police Department employees. STANDING/ADHOC COMMITTEE REPORTS Finance Co}1lmittee. Councilmember Davidson July 24, 1997 Discussion items: I> Lack of information that accompanies the checks from Summit TV regarding breakdown of the franchise fees. Shoulberg requested Summit submit two separate checks for more clarification. Jefferson County has no plans to close the moderate risk waste facility. County is working with the Port of Port Townsend to craft an interlocal agreement to cover the operation ofthe facility. I> Request for assistance with garbage cost from Paul Yolk, Jefferson Living Center. City does not have a resource available to assist. Mayor McCulloch to suggest to Mr. Volk ways to deal with the problem. I> Budget Schedule MOTION SECOND Adoption of 1998 Budget Schedule as amended Davidson Keith City Council Minutes Page 6 August 4, 1997 . . . Discussion: Jenks suggested working October 20 through November 19, hear from Department Heads on different budget issues and see if Council has questions and desires to hear from Department Heads. Keith: Thought the period before the October 22 workshop was for that. VOTE Held for after Public Comment Community Services. Councilmember Perry-Thompson July 31, 1997 (All City Council present) Discussion items: I> Jenks suggested someone from Jefferson County Public Works come and answer questions. Set meeting -- August 14, 1997,4:00 p.m., Klara Fabry office in the Post Office. Agenda: Questions and Answers Set permanent meeting time -- 3rd Wednesday each month, 4:30 p.m., Mayor's Office 8/20/79 to end of year Transportation. Councilmember Camfield Set meeting -- August 6, 1997,4:30 p.m., City Hall Agenda: Tour oflocations already discussed, plus Walnut and "W" Public Safety Com~ittee. Councilmember Jenks July 29, 1997 Discussion items: I> Street closure event in October during Fire Protection Week next to City Hall. Volunteers to muster, to operate and work together. Don't intend to do street vending. I> Pet Associated Waste (PAW) ordinance. Address in various areas of town. Public Meeting will be set to discuss issues and inform public. A motion was made by Ms. Jenks and withdrawn in lieu of setting a public meeting. She also stated she there has been interest by the public in a noise ordinance, and asked for direction from council on whether to pursue at this time. Set meeting -- August 25, 1997, 7:00 p.m., Pope Marine Park Agenda: PAW Ordinance and Dogs on Leash L~Jtd Use. Councilmember Keith July 24, 1997 Discussion items: I> Second round of setting BCD priorities for remainder of 1997 and 1998 Utilities Committee. Councilmember Keith August 4, 1997 Discussion items: I> Flooding at North Beach last year -- within 100 year FEMA designation. I> Landslide -- same storm. Some grant money from FEMA. What, if anything, needs to be done. City Council Minutes Page 7 August 4, 1997 . . . I> FEMA grant requires public meetings; August 18 first meeting at Public Works. Set meeting -- August 18, 1997,3:00 p.m., Public Works Agenda: FEMA Hazard Mitigation Grant Application Parks, Recreation and Property. Councilmember Welch Set meeting -- August 21, 1997,4:30 p.m., Chetzemoka Park Agenda: Girl Scout House Lease; 35th Street Park MAYOR'S REPORT Mayor Julie McCulloch welcomed all candidates to the city council races and informed them that extra council packets would be available to those who would like them. They can be picked up on Fridays before the meetings at City Hall.. Reported there will be an opening on the Library Board after August 31 st. She said the county and city are meeting regarding ways in which they may deal with mutual needs regarding public facilities, etc. Councilmember Keith noted there are a lot of areas where they are already cooperating, e.g. Law and Justice. STAFF REPORTS Fire :Department: Fire Chief Howard Scott I> Everything going smoothly at the Fire Hall. Will be applying for another fire truck in the new budget. Library: Director Linnea Patrick I> Reception August 25th for Jody Glaubman, member of the Library Board who is leaving the Board. I> New phone system has been installed, working well. Police Department: Police Chief Jim Newton I> New phone system installed, but need adjustments. I> County Facility Meeting, August 14, 1997, 9:00-11 :00 a.m., Courthouse Public Works: Director Bob Wheeler I> Paving to begin on San Juan Avenue, August 5. I> Public Works fair booth. Asked for volunteers to sign up for slots. City Council Minutes Page 8 August 4, 1997 . . . City Attorney's Office: City Attorney Tim McMahan I> Distributed Questions & Answers: Hotel and Motel Tax Bill Building and Community Development: Director Bruce Freeland Set meetings -- Joint City and County GMA Steering Committee, suggested: I> September 4, 19973:00-4:30 p.m.; and September 9, 19977:00-9:00 pm I> additional meetings September 11, 19972:00-5:00 p.m.; and September 18,19971:30-4:00 p.m. Agenda: County contract with Eric Toews, Scope of Work for Glen Cove and Tri-Area. I> September 4 GMA Steering Committee to receive and review work from consultant; I> September 9 and possibly September 11 (if needed) receive Public Comment reaction to scope of work; I> September 18 final action approving next phase. Set meeting -- September 4, 1997, 7:00 p.m., Pope Marine Park Building. Joint meeting with Land Use Committee, any council members, and Planning Commission Agenda: Allowing low impact - high technology businesses in former Bed and Breakfasts. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. There being none, Mayor McCulloch closed the Public Comment/Questions portion of the meeting. Ray Grier, PAW Ordinance Suggested using the acronym for "Pet Originated Offensive Products" Forrest Rambo, PAW Ordinance Thinks the ordinance is great the way it is. Would like to see remain, but underscore "attached to a competent person." Madge Wallin, PAW Ordinance Suggested researching the way the state handles pets in highway rest areas. Tim Caldwell, Union Wharf I> Discussed the Parks Commission role in Union Wharf decisions. City staff gave the Commission a half dozen different ordinances from other communities that have similar shoreline facilities. The Parks Commission went through them and chose the ones they felt best to include in Port Townsend's ordinance, brought it back to the Parks & Property Committee. He said the Commission wish to stay involved in the process. Favors commercial use for a part of Union Wharf; would like to have use regulations finalized as soon as possible. I> City Council Minutes Page 9 August 4. 1997 . . . VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Mayor McCulloch opened the meeting to the Public for comment on the motions made by council during the committee/staff reports. There being none, Mayor McCulloch closed the Public Comment portion of the meeting. MOTION VOTE Adoption of the 1998 Budget Schedule as amended UNANIMOUS, 7 in favor PUBLIC HEARING There was none. UNFINISHED BUSINESS RESOLUTION NO. 97-90 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PROPERTY USE AND DEVELOPMENT AGREEMENT FOR L YNNESFIELD PLANNED UNIT DEVELOPMENT Mr. Freeland introduced the resolution. Ms. Jenks asked for clarification stating the last time the Lynnesfield PUD was discussed the proponent objected to her participation and she could not vote because initially she had participated as a citizen. McMahan said it would be considered a standing objection and that Ms. Jenks should again not participate. Mr. Davidson asked if the Grantor and Grantee are the same as indicated in the paperwork. Mr. McMahan stated this was a result of new rules for filing documents and it will be cleared before finalizing. Councilmember Keith made a motion that the Council adopt Resolution No. 97-90 with the provision that the Grantor and Grantee on the First Amendment be clarified by the City Attorney's office with the Auditor's Office which was seconded by Councilmember Shoulberg and passed unanimously, 6 in favor by voice vote, Jenks not voting, after a brief discussion. City Council Minutes Page 10 August 4, 1997 . . . RESOLUTION NO. 97-91 A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE PROPERTY USE AND DEVELOPMENT AGREEMENT FOR THE ROSEWIND PLANNED UNIT DEVELOPMENT Mr. Randall introduced the resolution. He said it was identical to Resolution 97-90 except it is for one individual. Councilmember Keith made a motion that the Council adopt Resolution No. 97-91 which was seconded by Councilmember Davidson with the provision that the Grantor and Grantee on the First Amendment be clarified by the City Attorney's office with the Auditor's Office and passed unanimously, 7 in favor, by voice vote after a brief discussion. ORDINANCE NO. 2603 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLACING CHAPTER 5.46, CITY DOCK USE REGULATIONS AND CHARGES, REVISING REGULATIONS AND FEES FOR ITS USE AND ADOPTING REGULATIONS AND FEES FOR THE USE OF UNION WHARF AND CITY DOCK, AND ESTABLISHING AN EFFECTIVE DATE The Mayor read the ordinance by title. Public Works Director Wheeler introduced the ordinance indicating the lAC is an important funding source for the city. He said these regulations cover transient recreational boating and no fees are may be charged according to the grant. Mr. Keith said we the city entered into the grant agreement knowing that there would be certain restrictions, but that without the state funds we would not be able to have the floating dock at all. He recommended proceeding with the interim use regulations and fees. Mr. Welch expressed support for the ordinance and added that he welcomes participation from the Parks Commission and other citizens. Mr. Shoulberg expressed confidence that Mr. Wheeler would be able to deal with IAC regarding the allowed uses of the floating dock. Council member Keith made a motion that the first reading be considered the second and the third be by title only for Ordinance 2603 which was seconded by Councilmember Perry-Thompson and passed unanimously, 7 in favor, by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Welch made a motion that the Council adopt Ordinance No. 2603 which was seconded by Councilmember Camfield with amendments received tonight from the City Attorney and passed unanimously, 7 in favor, by roll call vote. City Council Minutes Page 11 August 4, 1997 . . . NEW BUSINESS RESOLUTION NO. 97-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUSPENDING REVIEW AND CONSIDERATION OF STREET VACATION APPLICATIONS PENDING ADOPTION OF THE COMPREHENSIVE NONMOTORIZED PLAN, IMPOSING A MORATORIUM UPON APPLICATION ACCEPT ANCE/CONSIDERA TION RETROACTIVEL Y FROM July 22,1997, AND DECLARING AN EMERGENCY Councilmember Keith made a motion that the Council adopt Resolution No. 97-92 which was seconded by Councilmember Perry-Thompson and passed unanimously, 7 in favor, by voice vote. RESOLUTION NO. 97-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A LICENSE AGREEMENT WITH PENEE D' AMICO FOR USE OF A PUBLIC RIGHT -OF - WAY Councilmember Jenks made a motion that the Council adopt Resolution No. 97-93 which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by voice vote. RESOLUTION NO. 97-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MA YOR TO SIGN CHANGE ORDER #3 FOR $16,881.65 TO THE SAN JUAN AVENUE IMPROVEMENTS PROJECT TO MODIFY THE DETENTION POND AND INFILTRATION SYSTEM. Councilmember Jenks asked regarding drainage going into the Golf Course Pond (2nd to 3rd tees). Mr. Wheeler said this change order does not affect the golf course, and that the city engineer said there would be little impact on the Golf Course Pond. Councilmember Keith made a motion that the Council adopt Resolution No. 97-94 which was seconded by Councilmember Perry-Thompson and passed unanimously, 7 in favor, by voice vote. PUBLIC COMMENT There was none. City Council Minutes August 4, 1997 Page 12 . . . COUNCILMEMBERS GENERAL DISCUSSION Selection of council delegates for Ichikawa Town visit. (Held for August 5, 1997 study session.) ADJOURNMENT There being no further business, at 11 :35 p.m., Mayor McCulloch adjourned the meeting. Attest: Q~~~ City Clerk City Council Minutes Page 13 August 4. 1997