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HomeMy WebLinkAbout11171997 . . . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 17, 1997 The City Council ofthe City of Port Townsend met in regular session this 17th day of November, 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, City Administrator Michael Hildt, 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, Finance Director Michael Legarsky and Sheila A vis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS There was none. PRIORITY PRESENTATION There was none AGENDA CHANGES OR ADDITIONS Item C, Resolution 97-116, of the Consent Agenda, was corrected with a simple word change to the contract, No.4 on Page 2, to read, ". . . the Contractor agrees to pay to the City. . ." CONSENT AGENDA Councilmember Perry-Thompson made a motion to approve the following items on the Consent Agenda as amended which was seconded by Councilmember Keith and passed unanimously 7 in favor by voice vote. Approval of the followin~ Bills and Claims: 010 094 110 120 130 150 180 411 Current Expense Garbage Street Library Park Hotel/Motel Transient Tax Capital Improvement Water-Sewer $ 19,187.03 43,841.04 17,565.12 1,737.21 1,988.36 892.26 1,454.73 107,865.01 City Council Minutes Page 1 November 17, 1997 . . . 412 500 610 Storm and Surface Water Equipment Rental Firemen's Pension and Relief 9,852.99 8,946.62 1,249.54 Total $ 214,579.91 Approval Without Readin~ of IVHnutes from: October 6, 1997, approved as read Approval of Resolutions: RESOLUTION NO. 97-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN THE PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT. RESOLUTION NO. 97-116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH HANSON ELECTRIC FOR FIRE STATION ELECTRICAL SYSTEM UPGRADE IN THE AMOUNT OF $19,978.00 RESOLUTION NO. 97-117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MA YOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND FIRE DEPARTMENT AND PIERCE COUNTY FIRE PROTECTION DISTRICT 21, TO ESTABLISH COOPERATIVE GOVERNMENTAL PURCHASING Channeling Communications: Date Author Topic and Proposed Action Certificate/Ian Jablonski 10-27-97 10-30-97 C. Bergener, Dept. Of Health Dr. Niki R. Clark & reply from J. McCulloch 1998 Budget/City Hall improvements PUBLIC COMMENTS Dr. Phyl Speser: made general remarks regarding the definition of "bureaucracy" and suggested that the city cut staff. City Council Minutes Page 2 November 17, 1997 . . . STANDING/ADHOC COMMITTEE REPORTS DOT -- Hood Canal. Councilmember Jenks Unable to attend the last meeting. Next meeting -- November 24, 1997 Public Safety Committee. Councilmember Jenks November 12, 1997 Discussion items: I> Recommended City Attorney revise the criminal portion of the Municipal Code, Section 9.04 to remove the section on curfews and to establish a penalty clause for the section in its totality. Recommend replacing the hunting and trapping ordinance in the criminal code. Recommend contract with Clallam County for use of a dog for finding dangerous drugs or guns as needed (removed from Consent Agenda last meeting). I> I> MOTION Jenks Request Staff to draft an ordinance to revise Section 9.04, Criminal Section of the Municipal Code, to add a penalty section to the entire section and remove the section which deals with curfews. SECOND VOTE Perry-Thompson Held until after Public Comment MOTION Jenks Request Staff to draft an ordinance to codify the no hunting and trapping section as 9.04.070 to Section 9.04, Criminal Section of the Municipal Code, and to allow non-fatal traps. SECOND Keith AMENDED to allow non-fatal traps VOTE Held until after Public Comment Consensus: Return resolution to Council for the contract with Clallam County for a drug- sniffing dog and cooperate with the School District for searches as needed for dangerous drugs or guns. Community Services Committee: Councilmember Perry-Thompson Announced meeting --November 19, 1997 Agenda: Michael Baxter, DOE, re: Recycling Plan Announced meeting --November 26, 1997,4:00 p.m. Agenda: Review of Draft #4 of the contact with the solid waste hauler Community Services Committee (Transit): Councilmember Perry-Thompson City Council Minutes Page 3 November 17, 1997 . . . November 13, 1997 Discussion items: I> Kessler/BucklFargo discussed funding of public transit. Transportation Committee. Councilmember Camfield November 5, 1997 Discussion items: I> Recommended skateboard and bicycle ordinance at the Park and Ride be returned to Council I> Walnut and W Streets. Alteration suggestions; suggested action to corner. Separate Meeting November 6, 1997 (Councilmember Jenks, Keith and Camfield) I> Kessler/Porter -- Bridge tolls; Welfare to Work--little change with no public transportation in rural areas. Advised -- set priorities and speak with one voice for all players in the area. Proceeded to Public Hearing at 7:00 p.m. Utilities Committee. Councilmember Shoulberg November 4, 1997 Discussion items: . Revenue Bond Set meeting -- November 20, 1997, 10:00 a.m. to 1 :00 p.m. (including Perry-Thompson, Hildt) Agenda -- Budget; Public Works revenue bond; new solid waste contract Lodgin~ Tax Advisory Committee (LTAC). Councilmember Shoulberg Two meetings Discussion items: . Budget requests to be presented at Public Hearing, November 20 Finance Committee. Councilmember Davidson Set meeting -- November 20, 1997,4:00 p.m. Mayor's Office (including Scott, Newton, Wheeler, Legarsky) MA YOR'S REPORT Mayor Julie McCulloch reported on the Japan trip including her panel presentation made to the International Conference of Council Authorities. Mr. Keith and Ms. Camfield also reported on the Sister City visit to Ichikawa Town, Japan and showed the art presented from Ichikawa Town to Port Townsend. STAFF REPORTS Water Coordinatinf Council: Bob LaCroix, Public Works City Council Minutes Page 4 November 17, 1997 . . . I> CWSP Plan. I> Questioned the City regarding reduced water service to the Tri-area, and water main extension in Port Hadlock. I> Sending representative to the Water Resources Council Library: Director Linnea Patrick I> Special events for National Children's Book Week I> Furnace broken again Fire Department: Fire Chief Howard Scott I> One fireman on sick leave, another to have surgery PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Tim Lambert: commented on airport expansion. (Mr. Shoulberg noted this was under jurisdiction of the Port of Port Townend, not the city) 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 Request Staff to draft an ordinance to revise Section 9.04, Criminal Section of the Municipal Code, to add a penalty section to the entire section and remove the section which deals with curfews. Unanimous -- 7 in favor VOTE MOTION Request Staff to draft an ordinance to codify the no hunting and trapping section as 9.04.070 to Section 9.04, Criminal Section of the Municipal Code, and to allow non-fatal traps. Unanimous -- 7 in favor VOTE PUBLIC HEARING Variance Application No. LUP97-00050, Donald and Jacquelyn Barr (Closed Record Hearing) BCD Senior Planner, Judy Surber, pointed out this variance comes under the new zoning code CI- MU. She discussed the Findings of Fact and Conclusions of the application noting special City Council Minutes Page 5 November 17, 1997 . . . circumstances not resulting from actions of the applicant of the limited width of street frontage (16.64 feet) and the required 10 foot side-yard setback leaving a maximum building frontage of 6.64 feet, making an unnecessary hardship. Ms. Surber reported the Planning Commission recommended approval of the application with a unanimous vote of 5 in favor. Ms. Surber asked for Council questions: Mr. Keith asked regarding the differences in maps on Exhibits F and G. It was noted Exhibit G is a preliminary short plat and Exhibit F is overlaid on a portion of the Final Plat. Access off Albany Street rather than San Juan Avenue was noted. Ms. Perry-Thompson asked if there had been a study to substantiate statements made in comment letters that multi-family dwellings decrease property value. There has been no study identified at this time. Ms. Jenks questioned if a stand alone-use was permitted in a CI-MU zone. Ms. Surber noted requirement of 10' ceilings to allow another use on the second floor. Ms. Jenks questioned Planning Commission discussion of land use implications when Council is only dealing with minimum frontage requirements. She declared either they need a new record or Council also needs to address those issues. Mayor McCulloch closed the hearing. Ms. Jenks noted confusion in that there are some concerns Council cannot address. She said a record was developed that addressed the issues, specifically in the replies to neighborhood concerns that are included in the Findings and Conclusions and she asked if they can also address these issues. Ms. Surber noted that answers to the questions were included as a courtesy and to show council members that staff had attempted to convey useful information to those who commented. Mr. Welch suggested Council separate out information that is not relative and indicated staff might have been remiss if they had not included their comments. He also noted that the general policy issues raised could be addressed in another forum than the individual variance application. RESOLUTION NO. 97-118 A RESOLUTION APPROVING VARIANCE APPLICATION NO. LUP97-00050 Discussion ensued regarding striking all staff responses from the Findings of Fact. First whereas was amended to read: ". . .requesting a variance from the minimum building frontage requirements of the zoning code; and" City Council Minutes Page 6 November 17, 1997 . . . Councilmember Shoulberg made a motion that the Council adopt Resolution No. 97-118 which was seconded by Councilmember Welch and passed unanimously 7 in favor as amended by voice vote. UNFINISHED BUSINESS RESOLUTION NO. 97-119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND EXTENDING THE DEADLINE FOR SALE OF SURPLUS PROPERTY APPROVED BY RESOLUTION 96-38 Councilmember Perry-Thompson made a motion that the Council adopt Resolution No. 97-119 which was seconded by Councilmember Keith and passed unanimously 7 in favor by voice vote. NEW BUSINESS Mr. Shoulberg requested a new item be added to New Business as Item C. RESOLUTION NO. 97-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MA YOR TO SIGN A CONTRACT WITH SETON CONSTRUCTION FOR THE SIMS WAY BIOFIL TRA TION SW ALE REP AIRS Mr. Wheeler explained the resolution. Councilmember Welch made a motion that the Council adopt Resolution No. 120 which was seconded by Councilmember Keith and passed 6 in favor, Councilmember Jenks opposed, by voice vote after a brief discussion. ORDINANCE NO. 2612 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTER 3.20, TRANSIENT OCCUPANCY TAX, OF THE PORT TOWNSEND MUNICIPAL CODE, AND ADOPTING A NEW CHAPTER 3.20, LODGING TAX, TO IMPLEMENT CHANGES IN STATE LAW PURSUANT TO SSB 5867; AUTHORIZING A TAX LEVY OF TWO PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING; ESTABLISHING A SPECIAL FUND FOR THE TAX; PROVIDING FOR RECOMMENDATION ON LODGING TAX LEVIES AND EXPENDITURES BY THE LODGING TAX ADVISORY COMMITTEE; PROVIDING PENAL TIES FOR NONPAYMENT OF THE TAX; AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 1998 City Council Minutes Page 7 November 17, 1997 . . . The Mayor read the ordinance by title. Mr. Shoulberg noted this is not a rate increase; Mr. McMahan explained this ordinance is to set a rate. 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. 2612 which was seconded by Councilmember Keith and passed unanimously 7 in favor by roll call vote. C. City appoint a professional to the Coordinating Council of Public Access TV. MOTION Nominate Mark Welch as the City's appointed video professional to the Coordinating Council for Public Access TV Shoulberg SECOND VOTE Camfield Unanimous -- 7 in favor Standing Ad Hoc Reports continued at 8:35 p.m. PUBLIC COMMENT There was none. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Perry-Thompson asked for replacements that could attend December meetings with her for the Transit Advisory Board, Solid Waste Advisory Committee, and Community Network. EXECUTIVE SESSION There was none. RECESS There being no further business, at 9:15 p.m. Mayor McCulloch declared the meeting recessed until 6:00 p.m. on November 20, 1997 in the Community Center. Attest: /"-~"" " / . \. /: I ./ t' .../ '. I i Pamela Kolacy City Clerk !~'. .~ / i : City Council Minutes Page 8 November 17, 1997 . . . MINUTES OF THE CONTINUED SESSION OF NOVEMBER 20, 1997 The City Council ofthe City of Port Townsend met in continued session this 20th day of November, 1997, at 6:05 p.m. at the Port Townsend Community Center for discussion ofthe possible location of an interim police facility at the Kah Tai Professional Center, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were, Kathryn Jenks, Ted Shoulberg, Ian Keith, Diane Perry- Thompson, and Bill Davidson. Staff Members present were Pam Kolacy, City Clerk, Tim McMahan, City Attorney, Building & Community Development Director Bruce Freeland, Police Chief Jim Newton, and Police Sergeant Conner Daily. Chief Newton reported on the results to date of the most recent study by John Graham Associates which shows that the cost of retrofit and remodeling of the Kah Tai Professional Center may approach the cost of new construction, and still may lose some efficiencies as the remodeled design would not necessarily be as efficient as new construction. Copies of the study were presented. Council member Camfield arrived at 6: 15 p.m. Council member Perry-Thompson questioned whether any cost savings would result from the remodeling taking significantly less time than new construction. Chief Newton noted that the three important elements would be the lesser amount oftime the project would take, the location (which he considers excellent) and that apparently it may be more efficient to go to a second story if the quantity of remodeling is so extensive that all interior walls would have to be demolished and 3000 additional square feet added and a significant amount of grading is required. He could not speculate on whether the amount of time saved would be significant - the time factor may not be all that much quicker with such as extensive remodel. Ms. Jenks cited other positive factors including a use which is allowed in the zone proposed and storm drainage design issues that may be less stringent because of the existence of the building. Mr. Keith noted that without detailed as-built drawings, it is very difficult to tell how strong the wall is; discontinuities in ceiling height, no room for ducting in the ceiling, would make the project more expensIve. City Council Minutes Page 9 November 17, 1997 . . . Ms. Jenks asked about site costs - whether those would add considerable money to the project, i.e. buying land, site prepping, and building. Mr.Shoulberg noted there is still no appraisal on the building and asked if other council members wished to pursue the appraisal or whether the new information is enough to cancel. Mr. Keith noted that the report does not mention purchase price of the property and so may not include the initial price of acquiring the property; adding that cost would then make the project cost prohibitive. Mr. Welch asked if the statement that the facility will not meet the criteria for an essential public facility referred the building as it now exists. Chief Newtons replied that the building is basically three-sided and it was unclear that they could ever bring it up to essential public facilities standards because of the lack of a fourth wall. MOTION: JENKS: Council cease consideration of the Kah Tai Professional Building as an interim police facility and cancel the pending appraisal. SECOND Camfield Discussion: Mr. Davison asked for Chief Newton's reaction. Mr. Newton stated he was extremely disappointed because of the anticipated time savings and the good location. He stated, however, that he must concur with the conclusions ofthe council. Ms. Jenks also stated on behalf ofthe council that they were sorry it worked out this way, but felt they had made a good faith effort. Mr. Newton thanked the property owner personally for his generous cooperation in all phases of the process. VOTE: Motion passed unanimously by voice vote, with 7 in favor. The council set a meeting for the council as committee of the whole to continue discussion of police facility options for Tuesday, December 2, at 7 p.m. at the Pope Marine Building. There being no further business, at 6:45, Mayor McCulloch adjourned the meeting. Attest: /~-------- I ' '//./.:::i ; > ,.', ,- Pamela Kolacy City Clerk -'----f...... ' '" 'i' ,¡ : "/""-';1--' City Council Minutes Page 10 November 17, 1997