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Home My WebLink About12211998 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF DECEMBER '21, 1998 The City Council of the City of Port Townsend met in regular session this twenty-first day of December, 1998, at 5:00 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Ted Shoulberg, Ian Keith, Kathryn Jenks, Mark Welch, Peter Badame and Joe Finnie. Forrest Rambo was absent. EXECUTIVE SESSION At 5:01, the council went into executive session to discuss labor negotiations. Staff present were City Administrator Michael Hildt, City Clerk Pam Kolacy, and City Attorney Tim McMahan. The meeting reconvened at 6:24 with no action taken. RECESS The meeting was reconvened at 6:35, with Councilmember Forrest Rambo also present. Ms. Jenks and Mr. Keith arrived at 6:40 p.m. INTRODUCTIONS AND RECOGNITIONS The Mayor read a proclamation honoring City Administrator Michael Hildt, who will leave city employment on December 31. PRIORITY PRESENTATION There were no priority presentations AGENDA CHANGES OR ADDITIONS (Excluding Consent Agenda) There were no changes proposed to the agenda. CONSENT AGENDA Mr. Rainbo requested that Item "F" on the Consent Agenda be moved to Item 'T' under New Business. Mr. Welch then moved for approval of the following items on the Consent Agenda. Mr. Rambo seconded. The motion carried unanimously by voice vote. City Council Minutes Page 1 December 21, 1998 Approval of the following Bills and Claims: The following warrants were approved for payment: Warrant numbers 65847 through 66031 total $275,188.79 Approval Without Reading of Minutes from; · Special session of November 30, 1998 · Continued meeting of December 4, 1998 · Continued meeting of December 7, 1998 · Regular meeting of December 7, 1998 · Continued meeting of December 8, 1998 Approval of Appointments/Reappointments: David Nelson and John English to Community Oriented Policing Advisory Board Pamela Bishop, Vem Leckman, and Della Walker to the Historic Preservation Committee Approval of Resolutions: RESOLUTION NO. 98-125 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH ATTORNEY KEITH HARPER TO PROVIDE 1999 CITY MISDEMEANOR PROSECUTION SERVICES RESOLUTION NO. 98- RESOLUTION AUTHORIZING THE MAYOR TO SIGN A 1999 PROFESSIONAL SER VICES AGREEMENT WITH THE PORT TOWNSEND CIVIC TRUST IN THE TOTAL AMOUNT OF $25,000 [Moved to New Business Item I] RESOLUTION NO. 98-126 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY, JEFFERSON COUNTY, PUD NO. 1, AND PORT OF PORT TOWNSEND FOR CONTINUED SUPPORT OF THE JEFFERSON COUNTY WATER RESOURCES COUNCIL RESOLUTION NO. 98-127 A RESOLUTION AUTHORIZING THE MAYOR TO ADVERTISE A BID FOR THE PHASE III WATER SYSTEM IMPROVEMENTS TO THE TRI-AREA RESOLUTION NO. 98-128 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO EXTEND THE EXPIRATION DATE OF THE CH2MHILL CONTRACT TO PREPARE THE COMPREHENSIVE SEWER PLAN City Council Minutes Page 2 December 21, 1998 RESOLUTION NO. 98-129 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO EXTEND THE EXPIRATION DATE OF THE CH2MHILL CONTRACT TO PROVIDE DESIGN SERVICES FOR THE SAN JUAN AVENUE TRUNK LINE Communications: COMMUNICATIONS - COUNCIL MEETING OF DECEMBER 21, 1998 Date Author Topic Disposition 11-24-98 Joint Growth Management Joint Growth Management Steering Copied to Utility Steering Committee Committee minutes of the Tuesday, Committee November 24, 1998, meeting. 12-12-98 Kathy Walker Comprehensive Plan Amendment Information 11-12-98 County Commissioners Port Townsend Community Center Ref. To Parks & Property Comm. 12-16-98 C McNabb Memo regarding 1999 budget actions Information Undated Bus stop kids at Cook & Thank you to Public Works Information Bell 12-10-98 Port of Port Townsend Funding for trestle removal Ref. To Parks & Property Comm. Staff Public Works Reports City Attorney PUBLIC COMMENTS No public comments STANDING/AD HOC COMMITTEE REPORTS Transportation Committee: Councilmember Badame (No action items) Utilities Committee: Councilmember Shoulberg (No action items) Parks, Recreation and Property_ Committee: Councilmember Welch (No action items) City Council Minutes Page 3 December 21, 1998 Public Safety_ Committee: Councilmember Finnie (No action items) Government Operations Committee: Councilmember Rambo (No action items) Land Use Committee: Councilmember Jenks (No action items) Finance Committee: Councilmember Keith (No action items) At this point, the council moved to the public hearings. PUBLIC HEARINGS A. Mayor McCulloch opened the public hearing to consider comments on the 1998 Supplemental Budget. There were no comments, and the hearing was closed B. Mayor McCulloch opened the public hearing to consider comments on the adoption of the 1999 Budget. Mr. Allen Frank Ms. Niki Clark, representing the Jefferson County Historical Society Mr. Robert Greenway There were no further comments, and the hearing was closed to the public. C. The mayor opened the public hearing to consider comments on the adoption of Operating Rules for the Public, Educational and Governmental Access Television Studio. There were no comments, and the hearing was closed to the public. D. The mayor opened the public hearing to consider comments on the adoption of a garbage collection rate multiplier for commercial customers who elect to compact solid waste. Mr. Mark Beaufait commented as the attorney for Snyder Waste Consulting. There were no further comments and the hearing was closed to the public. E. The mayor opened the public hearing to consider approval of the transfer of a Conditional Use Permit for the Cable TV Head-end Antenna from Port Townsend Cable TV Ltd. To Millennium Digital Media Systems LLC Ms. Nancy Ervin of Summit Cable TV spoke in favor of the transfer. City Council Minutes Page 4 December 21, 1998 There were no further comments and the hearing was closed to the public. MAYOR'S REPORT Mayor McCulloch noted that the council meeting on January 4 would include an informational presentation on the Y2K situation and the city's plans for dealing with it. STAFF REPORTS Written reports included in council communications. PUBLIC COMMENTS/QUESTIONS Mr. Wendell Tietsworth commented in favor of additional hours for swimming pool instructors. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS There were none. RECESS The council recessed at 7:45. A reception for Mr. Hildt followed. The meeting was reconvened at 8:00 p.m. UNFINISHED BUSINESS None NEW BUSINESS ORDINANCE 2673 ORDINANCE 2673 APPROPRIATING THE SUM OF $99,563 TO THE CURRENT EXPENSE FUND; $2,019 TO THE WATER/SEWER FUND; $570 TO THE LOCAL IMPROVEMENT DISTRICT NO. 1 BOND FUND; $8,763 TO THE 1956 TRANSMISSION LINE REPLACEMENT FUND; $3,800 TO THE 1992 WATER SEWER BOND REDEMPTION FUND; AND A REDUCTION OF $15,696 TO THE LIBRARY FUND, MAKING F1NDINGS AND DECLARING AN EMERGENCY. The Mayor read the ordinance by title. Mr. Keith moved that the first reading be considered the second and the third by title only. Mr. Shoulberg seconded. The motion carried unanimously by voice vote. Ms. Kolacy read the ordinance by title. City Council Minutes Page 5 December 21, 1998 MOTION SECOND VOTE Mr. Keith Adopt Ordinance 2673 Mr. Shoulberg Carried unanimously, %0 by roll call vote. ORDINANCE 2674 ADOPTING THE BUDGET FOR THE CITY OF PORT TOWNSEND, WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31, 1999. The Mayor read the ordinance by title. Mr. Shoulberg moved that the first reading be the second and the third be by title only. Mr. Keith seconded. The motion carried 6-1 by voice vote, with Ms. Jenks opposed. Ms. Kolacy read the ordinance by title. Motion: Mr. Shoulberg moved for adoption of Ordinance 2674 Second: Mr. Keith Discussion: Ms Jenks notes objection to voting for budget because of "F" street sidewalk project in Capital Improvement Program. Mr. Badame noted objection because General Fund is out of balance. Motion: Mr. Badame moves to amend the motion to reduce the expenditures in the general fund by a sum total of 72,517 by debiting 1.6% from each line item on page 3 excepting only the items in essentially the non-departmental 093 and of those only, the 300,000 to Jefferson co. For intergovernmental services, 3900 to AWC for dues and 2,791 to the air pollution control authority but applying the 72,517 reduction equally across the board to the balance of expenditures left there. Second: Vote: Ms. Jenks The amendment carried 4-3 by voice vote, with Mr. Finnie, Mr. Keith, and Mr. Welch opposed. Motion: Second: Vote: Ms. Jenks: Divide the question, with separate discussion and vote on the Operations and Maintenance and Capital Improvement Program Mr. Badame Motion defeated 5-2 by voice vote with Mr. Badame and Ms. Jenks in favor. Vote on main motion as amended: Motion defeated 4-3, with Ms. Jenks, Mr. Keith, Mr. Rambo and Mr. Welch opposed. Motion: Second: Mr. Keith moved for adoption of Ordinance 2674 Mr. Finnie Motion: Mr. Badame moves to amend the motion to reduce the expenditures in the City Council Minutes Page 6 December 21, 1998 Second: Vote: general fund by a sum total of $72,517 by debiting 1.6% from each line item on page 3 excepting only the items in essentially the non-departmental 093 and of those only, the $300,000 to Jefferson Co. for intergovernmental services, $3,900 to AWC for dues and $2,791 to the air pollution control authority but applying the $72,517 reduction equally across the board to the balance of expenditures left there. Ms. Jenks. Motion carries 4-3 by voice vote, Mr. Keith, Mr. Welch and Mr. Finnie opposed. Vote on main motion as amended: Motion carries 4-3 by roll call vote, Mr. Keith, Mr. Welch and Mr. Rambo opposed. RESOLUTION 98-130 RESOLUTION ADOPTING THE PTTV GOVERNMENT AND EDUCATION OPERATING RULES AND FOR USE OF THE PEG ACCESS STUDIO AND CHANNEL 42 (PTTV), AND ESTABLISHING AN EFFECTIVE DATE Motion: Second: Vote: Mr. Welch moved for adoption of Resolution 98-130. Mr. Keith Motion carried unanimously, 7-0, by voice vote RESOLUTION 98-131 RESOLUTION ADOPTING THE PORT TOWNSEND TELEVISION (PTTV) PUBLIC OPERATING RULES AND FOR USE OF THE PEG ACCESS STUDIO AND CHANNEL 42 (PTTV) AND ESTABLISHING AN EFFECTIVE DATE Motion: Second: Vote: Mr. Welch moved for adoption of Resolution 98-131 Mr. Shoulberg Motion carries unanimously, 7-0, by voice vote. RESOLUTION 98-132 RESOLUTION AUTHORIZING THE CITY CLERK AND PEG COORDINATING COMMITTEE TO AWARD CONTRACTS FOR IDENTIFIED CAPITAL EQUIPMENT LEASES (WITH OPTION TO PURCHASE) FOR THE PEG ACCESS STUDIO Motion: Second: Vote: Mr. Shoulberg moved for adoption of Resolution 98-132 Mr. Finnie The motion carried unanimously by voice vote, 7-0 City Council Minutes Page 7 December 21, 1998 RESOLUTION 98-133 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE PORT TOWNSEND SOLID WASTE COLLECTION AND RECYCLING CONTRACT WITH SUPERIOR REFUSE REMOVAL, INC., ADOPTING CONTRACT RATES FOR COMPACTED SOLID WASTE DEPOSITED IN DUMPSTERS Motion: Second: Vote: Mr Shoulberg moved for adoption of Resolution 98-133 Mr. Finnie The motion carried unanimously, 7-0, by voice vote. ORDINANCE 2675 ORDINANCE AMENDING CHAPTER 6.04 OF THE PORT TOWNSEND MUNICIPAL CODE, TO CONFIRM AND CLARIFY THE PROHIBITION AGAINST PERSONS OTHER THAN Customers OR THE DESIGNATED SOLID WASTE CONTRACTOR REMOVING OR TRANSPORTING SOLID WASTE; ENABLING THIRD PARTIES TO COMPACT SOLID WASTE SUBJECT TO PUBLIC HEALTH AND SAFETY CONTROLS; ADOPTING CRIMINAL SANCTIONS FOR PERSONS WHO VIOLATE THE EXCLUSIVE COLLECTION PROVISIONS OF CHAPTER 6.04 PTMC AFTER HAVING A JUDGMENT OR CEASE AND DESIST ORDER ENTERED AGAINST THEM; ESTABLISHING A 2.8X RATE MULTIPLIER OF EXISTING RATES FOR CUSTOMERS WHO ELECT TO PLACE COMPACTED SOLID WASTE IN DUMPSTERS, ADDING A PROVISION IN THE RATE ORDINANCE TO CODIFY INCLUSION OF THE STATE REFUSE COLLECTION TAX ON CUSTOMER BILLS; DECLARING AN EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE Mayor McCulloch read the ordinance by title. Mr. Shoulberg moved that the first reading be considered the second reading and the third be by title only. Mr. Finnie seconded. The motion carried unanimously, 7-0, by voice vote. Ms. Kolacy read the ordinance by title. Motion: Second Vote: Mr. Shoulberg moved to adopt Ordinance 2675 Mr. Rambo Motion carried by roll call vote with 6 in favor, Ms. Jenks abstaining RESOLUTION 98-134 RESOLUTION RATIFYING THE TRANSFER OF CONDITIONAL USE PERMIT LUP96-00069 FROM PORT TOWNSEND CABLE TV, LTD., TO SUMMIT CABLEVISION, L.P. City Council Minutes Page 8 December 21, 1998 Motion: Second: Vote: Mr. Shoulberg moved for adoption of Resolution 98-134 Mr. Badame Motion carried unanimously, 7-0, by voice vote. RESOLUTION 98-135 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A 1999 PROFESSIONAL SERVICES AGREEMENT WITH THE PORT TOWNSEND CIVIC TRUST IN THE TOTAL AMOUNT OF $25,000 Motion: Mr. Shoulberg moved for adoption of Resolution 98-135 Second: Mr. Keith Friendly Amendment: Mr. Finnie moved to amend the motion adding "subject to a 1.6% reduction" Accepted by maker and seconder Vote on amended motion: Motion carried unanimously by voice vote, 7-0. PUBLIC COMMENTS There were no public comments COUNCILMEMBERS' GENERAL DISCUSSION The date for the January retreat with Mr. McNutt has been set for Thursday, January 21, from 9 a.m. to 3 p.m. EXECUTIVE SESSION Held prior to meeting. No action taken. The meeting will be continued to executive session on Tuesday, December 22, at 4:00 p.m. for discussion of labor negotiations. ADJOURN At 10:35 p.m., the meeting was adjourned to executive session on Tuesday, December 22, at 4 p.m.. No action is anticipated. Pamela Kolacy, City Clerk City Council Minutes Page 9 December 21, 1998 CONTINUED MEETING OF DECEMBER 22, 1999 The meeting was called to order in City Administrator Michael Hildt's office in City Hall at 4 p.m. by Mayor Julie McCulloch. Council members present were Peter Badame, Ian Keith, Joe Finnie and Ted Shoulberg. Mr. Rambo, Ms. Jenks and Mr. Welch were absent. The meeting immediately went into executive session. Staff members present were City Attorney Tim McMahan, City Administrator Michael Hildt, and City Clerk Pam Kolacy. At 4:45, the meeting was reconvened. No action was taken, and the meeting was adjourned at 4:46. Pamela Kolacy City Clerk City Council Minutes Page 10 December 21, 1998