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PORT TOWNSEND CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF JUNE 02, 1997
The City Council of the City of Port Townsend met in regular session this second day of June, 1997,
at 6:00 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, Jean Camfield and Mark Welch. Councilmember Kathryn Jenks was excused. Also
present were City Clerk Pam Kolacy, City Administrator Michael Hildt, BCD Director Bruce
Freeland, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Fire Chief
Howard Scott, City Treasurer Derek Stacey Thompson and Sheila Avis, Minute Taker.
INTRODUCTIONS and/or RECOGNITIONS
Craig Johnson, newest Planning Commissioner was introduced.
PRIORITY PRESENTATION
There was none.
AGENDA CHANGES OR ADDITIONS
Item D of the Consent Agenda was pulled due to lack of interest by contractor.
CONSENT AGENDA
Councilmember Keith made a motion to approve the following items as amended on the Consent
Agenda which was seconded by Councilmember Perry Thompson and passed unanimously by voice
vote.
Approval of the follc;»winr Bills and Claims:
010
094
110
120
130
$18,321.32
37,437.80
4,763.29
4,604.17
9,960.52
Current Expense
Garbage
Street
Library
Park
City Council Minutes
June 2, 1997
Page 1
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180
411
412
500
610
Capital Improvement
Water-Sewer
Storm and Surface Water
Equipment Rental
Firemen's Pension and Relief
5,114.63
31,678.32
23,426.23
18,404.65
4:f,;0
Total
$ 153,753.13
Approval of Resolutions:
RESOLUTION NO. 97-62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
AMENDING THE 1990 CONTRACT WITH SUPERIOR REFUSE REMOVAL,
INC. TO EXTEND THE INITIAL TERM TO ALLOW TIME TO COMPLETE
CONTRACT NEGOTIATIONS
RESOLUTION NO. 97-63
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH BUSINESS TEMPS, INc. FOR TEMPORARY
PROFESSIONAL ENGINEERING STAFF
RESOLUTION No. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES
AGREEMENT WITH 4 SEASONS ENGINEERING, INc. TO PROVIDE
ENGINEERING SER VICES FOR UTILITY AND STREET DEVELOPMENT IN THE
TIER AREA.
(Pulled -- lack of interest by contractor)
RESOLUTION NO. 97-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH AD.A. ENGINEERING, LLC. TO PROVIDE
ENGINEERING SERVICES FOR UTILITY AND STREET DEVELOPMENT IN
THE TIER 1 AREA.
City Council Minutes
Page 2
June 2, 1997
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RESOLUTION NO. 97-65
A RESOLUTION OF THE CITY OF PORT TOWNSEND APPROVING AN
AGREEMENT WITH KITSAP COUNTY FOR ACCEPTANCE AND
BENEFICIAL USE OF BIOSOLIDS AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT ON BEHALF OF THE CITY.
RESOLUTION NO. 97-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH POLARIS ENGINEERING & SURVEYING,
INC., TO PROVIDE SERVICES RELATED TO WETLAND DELINEATIONS
AND SURVEYING
Approval Without Re~din2 of Min~tes from:
April 21, 1997
Conununications:
A letter dated May 17, 1997, from Ms. Mary Pratt Bodman, 5514 Kuhn Street, Port Townsend,
urging for an ordinance against aggressive panhandling. (For information.)
A letter dated May 22, 1997, from Mayor McCulloch to Ms. Jennifer Belcher expressing thanks
for Ms. Belcher's attendance at the Union Wharf dedication ceremony and for DNR's allotment
of ALEA funds which made the project possible. (For information.)
A letter dated May 23, 1997, from Mayor Mituo Ozaki, Ichikawa Kanzaki, Hyogo Japan,
expressing thanks for the hospitality during the recent sister city visit. (For information.)
An undated anonymous newspaper clipping regarding parks law enforcement in Seattle. (For
information. )
A memorandum dated May 28, 1997, from Catherine McNabb, Port Townsend Department of
Public Works, announcing a Public Works Office Closure, Tuesday, June 3. (For information.)
A letter dated May 27, 1997, from John M. Clise, 920 Lawrence Street, Port Townsend,
forwarding a donation of $836 to the City for a project to help build seating on the new Union
Wharf. (For information.)
This concludes the Consent Agenda.
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Page 3
June 2, 1997
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PUBLIC COMMENTS
There were none.
ST ANDING/ ADHOC COMMITTEE REPORTS
Finance Committee. Councilmember Davidson
May 30, 1997
Discussion items:
.. Personnel Policy Manual
.. Sabbatical Leave alternatives drafted by Michael Hildt. The Finance Committee recommended
to the full council a policy with two alternatives, the first an unpaid sabbatical and the second
one-half paid educational sabbatical, with possible consideration given to a combination of the
two alternatives. The recommendation also provides for sabbatical leaves to be granted after
an employee has been with the city for at least seven years and a department director for at least
five years. The vote among the committee members was not unanimous.
.. Discussions between the Port of Port Townsend, Jefferson County, and the City concerning
construction of restroom facilities at the Larry Scott Memorial Trail (LSMT). The Finance
Committee recommended to the full council that the mayor be authorized to negotiate a
Memorandum ofU nderstanding with the other two parties, with the city's fmancial participation
for this project capped at $20,000. This item is anticipated to be included in the city's capital
budget for calendar year 1999.
Parks, Recreation and Property. Councilmember Welch
Set meeting -- June 9, 1997, Noon, Chetzemoka Park House
Agenda items:
.. Union Wharf Use Policy Ordinance
.. Renewal of Swim Team Contract
.. Park Ordinance as relates to the Arts Commission
.. Skateboard Park issues and maintenance
Þ> Review of LSMT Contract
Þ> Authority for Main Street in cooperation with Public Works to proceed removing and replacing
trees, in particular in front of the Homer Smith Insurance Agency
MOTION
AUTHORIZE MAIN STREET TO WORK WITH PUBLIC
WORKS AND THE PARKS DEPARTMENT TO REMOVE
OR REPLACE TREES IN FRONT OF THE HOMER SMITH
INSURANCE AGENCY.
Welch
SECOND
VOTE
Davidson
Next Public Comment Period
Councilmember Shoulberg asked regarding Interlocal Agreements, if an elected body can bind
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June 2, 1997
Page 4
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future elected bodies. McMahan noted the purpose of this Interlocal Agreement, particularly, is
to govern the elected officials and the legislative policy of three different jurisdictions, and that it
is really essential that this contract be one that rolls into successive elected bodies. He said if that
weren't the case, the resolution they have finally worked out with the County and the Port would
not be particularly meaningful to the City. Likewise it is proposed the City would be binding itself
legally to contribute $20,000 restroom construction to occur not later than 1999. He explained that
the proposed agreement states it is of indefinite duration, but it can be amended and reopened at
any time.
Solid Waste Advisory Committee. Councilmember Perry-Thompson
Reported:
.. Perry-Thompson, Hildt and John Merchant were invited by the County to participate in long
range plan development for solid waste management, through December of 1998.
.. Contract negotiations for garbage are moving along, but need a little more time.
Transportation. Councilmember Camfield
Set meeting -- June 4, 1997,4:30 p.m., Mayor's Office
Agenda:
.. Loading Zones review.
.. Other transportation issues that have been on hold.
MA YOR'S REPORT
Mayor Julie McCulloch:
Þ> Reported the Public Facilities Advisory Committee wrapped up their committee work May 21
as scheduled. Recommendations will be in Council packets and comment time scheduled for
the next Council meeting, June 16. Compliments were expressed regarding the process and
the outcome.
Þ> Expressed thanks for the money donation to the City by former Mayor Clise referenced in his
May 27 letter.
.. Councilmember Keith and she met with the uptown neighborhood this afternoon on the
Recreation Center lawn. The meeting was scheduled approximately 6 weeks ago to check and
see how things were going regarding the existing problems of aggressive panhandling,
inappropriate behavior, graffiti, litter, etc. She said they had good exchange and she applauded
how our community reaches out and creates opportunities for dialog. There will be continuing
opportunity to bring picnic lunches and meet on the lawn alternating Mondays at noon to
continue discussions and openness.
.. Key City challenge was quite a success. Not as many participants as last year, but ridership was
up 23% from last year.
STAFF REPORTS
City Council Minutes
June 2, 1997
Page 5
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City ,Administrator's Office: City Administrator Michael Hildt
.. The City Treasurer has announced his retirement end of February 1998. Stacey Thompson has
consented to stay for a few months to help work through the transition.
.. Last week council chambers were partitioned and renovated. Especially thanked Carol Baltes
for extra work reprogramming phones on the weekend.
> Finance Department worked at with Joanne Burgess, Organizational Development Consultant,
at Fort Worden all day May 22 and the following morning May 23rd; follow up will be later this
month.
.. Two City-wide presentations and training sessions: 1) on the deferred Compensation Program
with Alice Jones of the ICMA Retirement Corporation; 2) training initiated by the Library, on
dealing with challenging customers by Gary Loomis of the Jefferson County Community
Counseling organization.
.. Met with the Insurance Authority all day May 24 for their annual review. The City has
complied with all their recommendations from a former audit on land use; the focus of this visit
was fleet management. Noted the work done by Bob Wheeler, Charlie Simpson and Jim Engels
in developing this program. The Insurance representative said of all they have reviewed, it
looks like Port Townsend has the fewest things to comment on.
City Attom~y's Office: City Attorney Tim McMahan
.. Reported dismissal last week of the 1992 Sullivan law suits, and noted the impact of those law
suits on the City's insurance and budget.
.. Spoke of the draft Interlocal Agreement on the Larry Scott Memorial Trail and the ongoing
work that Hildt, Robison and he had put into it since August 1996. He pointed out the
cooperation between the Port, County, Mill and the City and announced there is grant funding
available, that construction will start this summer.
.. Reported he and Bruce Freeland are working with permitting for Surf Restaurant public
restrooms adjacent to the Union Wharf and the public access walkway behind the Surf
Restaurant. Both should be completed by June 16.
R)lildinf and Communi~ Development: Director Bruce Freeland
.. Review of Comprehensive Plan -~ this year the code only allowed for privately initiated requests
with a deadline of May 1. Only one request was received regarding minimum density of
property on Rosecrans, a request to change from RIV to RIlL It is automatically on the docket
and will be scheduled with the Planning Commission. In future years the Planning Commission
will have until the end of May to prepare issues for Council deliberation.
.. The County has a draft Environmental Impact report on its Comp Plan and is moving forward
its schedule for consideration in the Glen Cove area. Freeland is working with the County staff
for potential scope of work for that study.
.. Port is activating its study of the master plan for the airport.
.. Suggested Councilmembers who were involved in joint growth management with the County
get together for discussions impacting Freeland's work with the County.
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Page 6
June 2, 1997
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Public Works: Director Bob Wheeler
.. San Juan Avenue project to begin June 16. Working on traffic plan and flagging plan.
.. He and Mark Welch will meet tomorrow with the County for parks and recreation planning and
coordination. Are reviewing a Parks and Recreational draft functional plan.
a. Reported a good turnout and participation at a meeting May 31 of the Non-motorized
Committee and tour last May 28.
City Treasurer's Office: City Treasurer Stacey Thompson
a. Announced a refund to the City of excise taxes in connection with the Water/Sewer Fund. An
independent audit and submission to the State Department of Revenue for 1992 and 1993-1996
resulted in the total refund of$143,596 including interest computed to June 7, 1997.
Fire Department: Fire Chief Howard Scott
a. Reported approximately 470 calls to date in 1997, relatively same as last year.
.. Victorious in last week end's Chimacum and Port Townsend baseball game.
PUBLIC COMMENTS/QUESTIONS
Mayor McCulloch opened the meeting for Public Comments/Questions. There being none, Mayor
McCulloch closed the Public Comment portion ofthe meeting.
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.
MOTION Authorize rectifying tree problem
Discussion: Shoulberg asked if there were an alternative to cutting down the tree or replacing it?
Welch indicated the tree is encroaching into sewers, and it seems there is no choice.
VOTE: Unanimous, 6 in favor.
Due to the early hour, the m~eting procee.ded to Unfinished Business,
PUBLIC HEARINGS
Shorelines Substantial Development Permit Application #LUP97-00010, Paul Buesnel (Closed
Record Hearing)
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Page 7
June 2, 1997
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Councilmember Welch recused himself due to owning property in the noticed area.
Freeland discussed the application and cited the points at issue:
.. location of the waterwalk
.. nature of the sidewalk and need for dedicated easement. The Planning Commission agreed
there did not need to be an easement.
Conclusions:
Perry-Thompson said she appreciated the inclusion of trash pick up.
Keith said he had been concerned regarding the waterwalk route, but feels it is not a problem.
Camfield said she was glad to see someone do something on the water side of our buildings.
Perry-Thompson noted some expressed concern for safety of the rip rap, which was clarified.
Davidson said he feels it is a good project.
RESOLUTION NO. 97-67
A RESOLUTION APPROVING SHORELINE MANAGEMENT SUBST ANnAL
DEVELOPMENT PERMIT (SDP) APPLICATION NO. LUP97-00010
Councilmember Shoulberg made a motion that the Council adopt Resolution No. 97-67 which was
seconded by Councilmember Keith and passed unanimously, 5 in favor, by voice vote.
UNFINISHED BUSINESS
Mayor McCulloch referred to the memorandum of June 2, 1997, from Michael Hildt
regarding personnel policies. The memorandum listed amendments to 8.6 Sabbatical Leave with
two alternatives by Hildt. The Finance Committee recommended incorporating both alternatives
into the Personnel Manual.
Perry-Thompson asked who and how are determined "outstanding department personnel."
McCulloch replied it is a decision of the Mayor, but eligibility criteria is to be developed.
Hildt explained that the proposal is for half paid sabbatical leave after seven years, or an
unpaid sabbatical. He indicated a written request should be included with the budget, and, in the
event of an educational sabbatical, how it would advance public service goals and be a benefit to
the City. He referred to the recommendation from the Finance Committee.
Davidson asked regarding Scope of Policies 1.3, policies that apply to elected officials of
the City. Hildt listed the policies. He explained a new policy that travel receipts be signed off by
the Mayor, so the IRS will not consider it income.
Hildt explained in 10.1 Actions Subject to Disciplinary Action, the reference to "lying" was
oversimplified and changed to "Lying about a matter which is material to the interests of the City."
Shoulberg questioned approval of the Mayor's travel. He reiterated from the previous
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Page 8
June 2, 1997
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Council Meeting that he thinks Council and Mayor travel should go to the Finance Committee, or
someone to approve the Mayor's travel.
Hildt said it is not a matter of who approves the Mayor travel with the joint budget. He said
if they are not comfortable, Council could budget for their own travel and leave the Mayor travel
budget for the Mayor.
After discussion consensus was to leave as it is.
RESOLUTION NO. 97-68
A RESOLUTION ADOPTING PERSONNEL POLICIES FOR EMPLOYEES OF
THE CITY OF PORT TOWNSEND.
Councilmember Shoulberg made a motion that the Council adopt Resolution No. 97-68 which
was seconded by Councilmember Davidson and passed unanimously by voice vote, 6 in favor.
Shoulberg thanked Hildt for his work on the personnel policies.
NEW BUSINESS
ORDINANCE NO.2595
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTERS 2.60 AND 2.64 OF THE PORT TOWNSEND MUNICIPAL CODE,
MODIFYING PROVISIONS RELATED TO SICK LEAVE ALLOWANCE AND
MEDICAL INSURANCE FOR CITY EMPLOYEES
The Mayor read the ordinance by title
Councilmember Camfield made a motion that the first reading be considered the second and the
third be by title only which was seconded by Councilmember Perry-Thompson and passed
unanimously by voice vote. Ms. Kolacy again read the ordinance by title.
Councilmember Camfield made a motion that the Council adopt Ordinance No. 2595 which was
seconded by Councilmember Keith and passed unanimously, 6 in favor, by roll call vote.
RESOLUTION NO. 97-69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND REPEALING THE 1989 TRAVEL REIMBURSEMENT POLICY
AND PROCEDURES AND ADOPTING THE TRA VEL POLICY CONTAINED
IN THE PORT TOWNSEND PERSONNEL POLICY MANUAL
Councilmember Keith made a motion that the Council adopt Resolution No. 97-69 which was
seconded by Councilmember Perry-Thompson and passed unanimously, 6 in favor, by voice vote.
City Council Minutes
Page 9
June 2, 1997
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The meeting returned to the Public Heari~ schedulec}. on tþ.e A~enda.
ORDINANCE NO. 2596
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE
PORT TOWNSEND MUNICIPAL CODE CHAPTER 2.12, CITY TREASURER,
TO ABROGATE THE POSITION OF CITY TREASURER AND REPEAL
CHAPTER 2.12 EFFECTIVE FEBRUARY 28, 1998; ADDING A NEW
CHAPTER 2.11, FINANCE DIRECTOR; AND CREATING THE POSITION OF
CITY FINANCE DIRECTOR
The Mayor read the ordinance by title. Hildt made the introduction and explained the salary basis
is the A WC salary range of $46,000 to $62,000 with a starting date of September 2. He noted it
would be an annual net difference OF $17,000.
Councilmember Shoulberg made a motion that the first reading be considered the second and the
third be by title only which was seconded by Councilmember Davidson and passed unanimously
by voice vote. Ms. Kolacy again read the ordinance by title.
Councilmember Shoulberg made a motion that the Council adopt Ordinance No. 2596 which was
seconded by Councilmember Davidson and passed unanimously, 6 in favor, by roll call vote.
ORDINANCE No.
AN ORDINANCE AMENDING ORDINANCE 2567 TO ESTABLISH THE
SALARY FOR THE POSITIONS OF FINANCE DIRECTOR, GEOGRAPHIC
INFORMATION SYSTEM COORDINATOR, ENGINEERiNG TECHN1CIAN 1,
ENG1NEERING TECHNICIAN 1I AND FINANCIAL ANALYST AND
ESTABLISHING AN EFFECTIVE DATE.
The Mayor suggested eliminating all but the Finance Director.
Consensus: Eliminate D OF New Business -- Delay for next meeting.
PUBLIC COMMENT
Ms. Orabelle Connolly, Library Board, said they would be glad when the Personnel Manual
is available.
Mr. Ray Grier, Port Townsend, speaking also for others, said that proceeding out of town
towards Safeway, turning right onto Haines Place, a sign is needed to warn regarding end of
pavement. Wheeler stated it is a state highway, but he is discussing the matter with
representatives. Councilmember Keith noted a similar situation on the opposite side of the street.
City Council Minutes
Page 10
June 2, 1997
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COUNCILMEMBERS GENERAL DISCUSSION
Preparation for retreat on June 12, 8:30 a.m. to 3:00 p.m. at Fort Worden. Councilmember
Keith mentioned his memorandum to Council members regarding the Council Retreat and
discussion followed regarding format and content to be covered.
EXECUTIVE SESSION
Mayor McCulloch recessed the meeting into Executive Session at 8:25 p.m. to discuss property
and possible litigation including Tim McMahan, Bruce Freeland and Michael Hildt. The meeting
was reconvened 10:20 p.m.
ADJOURNMENT
There being no further business, at 10:20 p.m., Mayor McCulloch adjourned the meeting.
Attest:
Q~ci{~
City Clerk
City Council Minutes
June 2, 1997
Page 11