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HomeMy WebLinkAbout06011998 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 1, 1998 The City Council of the City of Port Townsend met in regular session this first day of June, 1998, at 6:30 p.m. in the Port Townsend Community Center, Mayor Pro Tern Ted Shoulberg presiding. ROLL CALL Councilmembers present at Roll Call were Ian Keith, Kathryn Jenks, Mark Welch, Forrest Rambo, Peter Badame, and Joe Finnie. CONSENT AGENDA Councilmember Keith made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Welch and passed unanimously by voice vote. Approval of the following Bills and Claims: The following warrants are approved for payment: Warrant numbers 63308 through 63382 for a total of $195,611.64. Approval Without Reading of Minutes Approval without reading of minutes from the regular session of May 18, 1998 with the following corrections: Page 7 -- New Business, Resolution No. 98-069 change vote to "Carried 7-0, unanimously." Page 9 -- Ordinance No. 2645, change vote to "Carried 5 in favor, Councilmember Shoulberg opposed and Councilmember Jenks abstaining." Approval of Resolutions: RESOLUTION NO. 98-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN WITH THE PORT TOWNSEND SWIM TEAM (PTST) A POOL USE AGREEMENT. Communications: Date Author Topic and Proposed Action Starting construction on the Larry Scott 5-13-98 Klara Fabry Memorial Park Trail 5-12-98 Wick Dufford to Kate Jenks Hearing Examiner 5-21-98 J. McCulloch Fire Chief Hiring Process City Council Minutes Page 1 June 1, 1998 Date Author Topic and Proposed Action 5-21-98 J. McCulloch Police Chief Hiring Process 5-18-98 Leah Hanuner Sign Ordinance for Port Townsend's Historic Uptown District 5-8-98 Phyl Speser Growth Management Plan 5-20-98 Jeff Randall Sign Lighting; Code Enforcement 5-22-98 J. McCulloch Support of KSER translator 5-17-98 C.L. Flint (CVC Partners) to Mary Project development issues Winters w/enclosure 5-19-98 D. Williams and M. Witham, AWC Federal Funding for ESA Activities or Projects 5-6-98 & Joint Growth Mgmt. Steering Comm. 5-13-98 Minutes & Jefferson Co. Planning Comm. minutes 5-27-98 J. McCulloch to T. Aumock, C. Daily, J. Recognition for participation in county disaster Wadkins, R. Pownell preparedness exercise. Public Works BCD (Pending Land Use Cases) Staff City Administrator Reports City Clerk City Attorney PUBLIC COMMENTS Yvonne Starkey: Thanks for supporting partnership with the Port Townsend Swim Team. Byron Ruby: Support for Conner Daily and Tom Aumock for Police Chief and Fire Chief; thanks to American Legion for Memorial Day ceremonies: opposed to Waterman-Katz Phyl Speser: Support for economic development Colby Fox: Opposed to Waterman Katz. Presented letter for the record. Mary_ Martin: Opposed to Waterman Katz Vern Garrison: Opposed to Waterman Katz. Presented letter and photos for the record. At 7:10 p.m. public comments were interrupted to conduct the public hearings which were publicly noticed to begin at 7:00 p.m. At 8:40 p.m. public comments resumed. City Council Minutes Page 2 June 1, 1998 Parks, Recreation and Property. Councilmember Welch Mr. Rambo stated for the record that it would be in the city's best interests to allow the Navy to use Union Wharf without charge for liberty launches. Public Safety Committee. Councilmember Finnie MOTION Mr. Welch Approve the police facility funding flow chart dated May 21, 1998. SECOND Keith MOTION Mr. Keith SECOND Mr. Shoulberg Adopt the Joint Resolution with Jefferson County, Clallam, County, PUD No. 1 and the James S'Klallam Tribe in the matter of initiating Watershed Planning for WRIA 17 per ESHB 2514, laws of 1998. MOTION Mr. Rambo SECOND VOTES Mr. Welch City waive fees at Union Wharf and the City Dock for the liberty launches that serve the USS Camden and other ships within the next 90 days. (Union Wharf and City Dock). Held until after Public Comment MAYOR'S REPORT Mayor Julie McCulloch reported: County Comprehensive Plan -- scheduled for adoption on June 15. · County Lodging Tax -- direct City Attorney to research action needed for City to receive its portion of the tax. · Hearings Examiner: MOTION Mr. Badame SECOND Mr. Welch VOTE Held Direct the City Attorney to draft an ordinance for the next meeting which will allow issues with significant appearance of fairness concerns or which require particular or extraordinary expertise (which would be determined on a case by case basis) to go before a hearings examiner. City Council Minutes Page 4 June 1, 1998 MOTION Mr. Badame SECOND Ms. Jenks VOTE Held The City Attorney be directed to prepare a resolution for deliberation by this council to pass this particular issue (Waterman-Katz shoreline issue) to the Hearings Examiner. STAFF REPORTS Written reports included in council communications PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. John Ebner: Police facility: suggests a box for public education be included in the flow chart. Encourages workplace safety issues be treated as emergencies. Alan Youse: Against expenditures for Walnut & W; issues with council comments regarding Waterman Katz VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF/MAYOR'S REPORTS/ COUNCILMEMBER'S GENERAL DISCUSSION MOTION SECOND Discussion VOTE Mr. Welch Approve the police facility funding flow chart dated May 21, 1998. Mr. Keith Mr. Finnie stated for the record that he supports the position of the prior council supporting moving forward to ask citizens to fund a new police facility. Discussion ensued regarding whether adopting the flow chart is a decision to go to the public for funding. Clarified: by passing a flow chart, it will set up the process to go to the voters in September. Carried 5-2 by voice vote; Councilmembers Shoulberg and Rainbo opposed. RESOLUTION NO. 98-075 JOINT RESOLUTION WITH JEFFERSON COUNTY, CLALLAM COUNTY, PUD NO. 1 AND THE JAMES S'KLALLAM TRIBE IN THE MATTER OF INITIATING WATERSHED PLANNING FOR WRIA 17 PER ESHB 2514, LAWS OF 1998. Councilmember Keith made a motion that the Council adopt Resolution No. 98-075 which was seconded by Councilmember Shoulberg and passed unanimously by voice vote, 7 in favor. City Council Minutes Page 5 June 1, 1998 MOTION Mr. Rambo SECOND Mr. Welch MOTION TO AMEND: Mr. Welch VOTE City waive fees at Union Wharf and the City Dock for the liberty launches that serve the USS Camden and other ships within the next 90 days. (Union Wharf and City Dock). Amend to say loading and unloading as defined in the ordinance, and with due consideration for the paying customers. (Accepted by maker of motion) Failed 3-4; Councilmembers Jenks, Shoulberg, Keith and Badame opposed MOTION SECOND VOTE Mr. Badame Direct the City Attorney to draft an ordinance for the next meeting which will allow issues with significant appearance of fairness concerns or which require particular or extraordinary expertise (which would be determined on a case by case basis) to go before a hearings examiner. Mr. Welch Carried unanimously, 7-0 MOTION SECOND Discussion VOTE Mr. Badame The City Attorney be directed to prepare a resolution for deliberation by this council to pass the Waterman-Katz shoreline issue on to the Hearings Examiner. Ms. Jenks Mr. Keith suggests doing one step at a time, i.e., waiting for an ordinance. Carries 6-1; Councilmember Keith opposed PUBLIC HEARINGS At 7:10 p.m. Mayor Pro Tem began the Public Hearings. A. Deering and O'Meara Street Vacation Application LUP 98-13 (Open Record) Mr. Keith announced that he was contacted by the proponent about the possibility of doing building work on the property and recused himself from the proceedings at 7:12 p.m. Staff Planner Judy Surber presented the staff report. Council questions to staff: City Council Minutes Page 6 June 1, 1998 Q Mr. Badame: Why are appraisals were not required? A The owner has proposed exchanging an amount of land that is 4-1 in the city's favor, thus providing the city a greater benefit; the exchange will contribute to the public good by preserving open corridors and wetlands in compliance with the goals of the Comprehensive Plan. Mr. McMahan noted the council could require the appraisal if they wished. It was noted that policy should be adopted by council so that other projects may be measured against a standard regarding requiring appraisals. Q Ms. Jenks: Has the wetland buffer been previously disturbed; how much is now intact? A Ms. Surber: Some areas have been previously disturbed, ESA will address further mitigations. The public hearing opened at 7:50 p.m. There were none speaking in favor and none speaking against the street application. Regarding an appraisal -- Ms. Madge Wallin said she wondered if the property were acquired by a "land grant.". At 7:55 p.m. Mr. Shoulberg closed the Open Record Public Hearing on the Deering and O'Meara Street Vacation Application LUP 98-13. Council deliberation: RESOLUTION NO. 98-072 A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS OF THE CITY COUNCIL FOR STREET VACATION APPLICATION NO. LUP 98-13; CONDITIONALLY APPROVING VACATION OF PORTIONS OF LOGAN AND ROSECRANS STREETS BETWEEN 30TH AND 32ND STREETS AND PORTIONS OF 30TH BETWEEN THOMAS AND ROSECRANS STREETS, ALL WITHIN THE MONOGRAM ADDITION TO THE CITY OF PORT TOWNSEND. Councilmember Shoulberg made a motion that the Council adopt Resolution No. 98-072 which was seconded by Councilmember Welch. The motion passed unanimously, 7-0 by voice vote. B. Duncan's Hilltop Preliminary Plat Application, LUP No. 98-00003 (Closed Record) Ms. Judy Surber presented the staff report. Mr. Keith returned to the meeting at 8:05 p.m. There were clarifying questions regarding street vacation, slope, trail construction and stormwater issues. City Council Minutes Page 7 June 1, 1998 RESOLUTION NO. 98-073 A RESOLUTION APPROVING PRELIMINARY PLAT APPLICATION NO. LUP97-00003 Councilmember Welch made a motion that the Council adopt Resolution No. 98-073 which was seconded by Councilmember Finnie and passed unanimously by voice vote, 7 in favor. C. Six Year Transportation Improvement Plan (Open-record) Mr. Robert Wheeler presented the staff report and noted it is an annual process. He described the list as inclusive, and noted that the Transportation Committee discussed the Plan and recommended approval. After clarifying questions, the public hearing was opened at 8:35 p.m. Michael Anderson Protested expenditure of funds for non-motorized facilities. Believes funds should go for the road system and not bicycle paths. There were no further comments. RESOLUTION NO. 98-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT THE 1999- 2004 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM. Councilmember Jenks made a motion that the Council adopt Resolution No. 98-074 which was seconded by Councilmember Rambo and passed unanimously by roll call vote, 7 in favor. At 8:40 p.m. Mr. Shoulberg closed public hearings and returned the meeting to the first public comment session. UNFINISHED BUSINESS ORDINANCE NO. 2647 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 17.76.050 OF CHAPTER 17.76, SIGNS, OF THE PORT TOWNSEND MUNICIPAL CODE, TO INCREASE THE MAXIMUM SIGN HEIGHT FOR BUILDINGS WITH 29,000 OR MORE GROSS FLOOR AREA FROM 17 FEET TO 28 FEET WITHIN CERTAIN ZONING DISTRICTS The Mayor Pro-Tem read the ordinance by title. City Council Minutes Page 8 June 1, 1998 Councilmember Rambo moved to proceed to Item B which was seconded by Councilmember Finnie and carried by voice vote 6-1, Councilmember Keith opposed ORDINANCE NO. 2642 AN ORDINANCE APPROPRIATING THE SUM OF $405,000 TO THE WATER- SEWER FUND AND THE SUM OF $61,000 TO THE STORM AND SURFACE WATER FUND; AND AMENDING THE 1998 BUDGET; MAKING FINDINGS AND DECLARING AN EMERGENCY. Read for the first time May 18, 1998. Councilmember Keith made a motion that the second reading be considered the third by title only which was seconded by Councilmember Badame and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Keith made a motion that the Council adopt Ordinance No. 2642 which was seconded by Councilmember Badame and passed unanimously by roll call vote. NEW BUSINESS ORDINANCE NO. 2643 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.22.010, GENERAL REQUIREMENTS, CHAPTER 13.22, SEWER CONNECTIONS OF THE PORT TOWNSEND MUNICIPAL CODE, TO ENSURE CONSISTENCY WITH THE COMPREHENSIVE PLAN. The Mayor Pro-Tem read the ordinance by title. Councilmember Keith made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Welch and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. AMENDMENT: · Section A: Strike "(i.e., two city blocks measured along the public rights-of-way)" · Section D, Page 2: Strike "(generally, one city block, measured along the public right-of-way)" · Section E, second line: Change 500 feet to 520 feet. Councilmember Rambo made a motion that the Council adopt Ordinance No. 2643 as amended which was seconded by Councilmember Finnie and agreed to by the maker and seconder of the motion on the readings. The motion passed unanimously as amended by roll call vote. City Council Minutes Page 9 June 1, 1998 PUBLIC COMMENT -- (There was none.) COUNCILMEMBERS GENERAL DISCUSSION Water Resources Council - proceedings and process Mr. Keith reported. (See Resolution 98-075 in votes on motions listed above.) ADJOURNMENT There being no further business, at 12:44 a.m., Mayor Pro-Tem Shoulberg adjourned the meeting. Attest: Pamela Kolacy City Clerk City Council Minutes Page 10 June 1, 1998