HomeMy WebLinkAbout09031996MINUTES OF THE REGULAR SESSION OF SEPTEMBER 03, 1996
The City Council of the City of Port Townsend met in regular session this third day of September,
1996, at 6:00 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch presiding.
ROLL CALL
Councilmembers present at Roll Call were Bill Davidson, Dan Harpole, Diane Perry-Thompson, Ted
Shoulberg, Ian Keith, Kathryn Jenks and Jean Camfield. Also present were City Clerk Pam Kolacy,
City Administrator Michael Hildt, Police Chief Jim Newton, City Attorney Timothy McMahan,
Director of Public Works Bob Wheeler, Director of Building & Community Development Dave
Robison, Library Director Linnea Patrick, and Sheila Avis, Minute Taker.
INTRODUCTIONS and/or RECOGNITIONS
Mayor McCulloch spoke about the importance of giving. She commended the United Good
Neighbors (UGN) for their work and noted the kick-offUGN fund raiser concert last Saturday with
the Brothers Four and Port Townsend Community Chorus. Councilmember Perry Thompson
pointed out UGN funds raised stay in the Community. The Mayor replied to a question by
Councilmember Davidson that she intends to continue the matching UGN payroll deduction plan.
She read a Proclamation designating September 11, 1996 as Jefferson County United Good Neighbor
Day in our community and urging every citizen to make a donation to the campaign in support of
the more than 30 programs it assists.
Councilmember Perry Thompson introduced Kirk Fishel, Jefferson County Swim Association. It
was noted Kirk qualified for and participated in the National Jr. Olympics, winning two medals and
some ribbons plus other state and Pacific Rim awards. Kirk said his swimming coach is Frank
Casella. Ms. Perry Thompson pointed out Kirk hand wrote thank you notes for individual
contributions in support of his participation in the National Jr. Olympics in New Orleans. Mayor
McCulloch read a letter of congratulations.
AGENDA CHANGES OR ADDITIONS
Corrections of Minutes for June 17, 1996:
Page 4, next to the last line--omit the word "unusual" to read, "work in bronze."
Page 6, City Attorney's report, second paragraph-- change "Commissioner" to Councilmember
Harpole.
CONSENT AGENDA
Councilmember Harpole made a motion to approve the following items on the Consent Agenda
which was seconded by Councilmember Jenks and passed unanimously by voice vote.
Approval of the following Bills and Claims:
010 Current Expense
094 Garbage
110 Street
120 Library
130 Park
180 Capital Improvement
411 Water-Sewer
412 Storm and Surface Water
500 Equipment Rental
610 Firemen's Pension and Relief
644 Fire Dept Pump Test Pit Fund
$16,347.01
37,273.48
10,445.35
4,159.37
8,213.21
5,337.13
141,723.85
16,517.53
4,098.26
264.56
239.49
Total $ 244,619.24
Approval of Minutes for June 17, 1996 as written without reading and corrected.
Setting Heatings:
Proposed public heating November 4, 1996 for revised ordinances governing fences and hedges,
parking, and home occupations.
Approval of Resolutions:
RESOLUTION NO. 96-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND DECLARING LAKESIDE INDUSTRIES TO BE THE LOWEST,
RESPONSIVE, RESPONSIBLE BIDDER FOR THE STREET AND
STORMWATER IMPROVEMENTS TO DISCOVERY ROAD AND
MCPHERSON STREET AND AUTHORIZING THE MAYOR TO SIGN A
CONTRACT AWARDING THE BID TO LAKESIDE INDUSTRIES OF PORT
ANGELES, WA.
RESOLUTION NO. 96-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO
THE PROFESSIONAL SERVICES CONTRACT WITH POLARIS ENGINEERING
AND SURVEYING TO PROVIDE ENGINEERING AND SURVEYING
SERVICES FOR 35TH STREET PARK.
Communications:
An undated Seattle Times article from Councilmember Jean Camfield regarding Manufactured
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Homes. (For information.)
A customer service suggestion dated August 13, 1996 from H and C Orcutt, Weed, California, for
Jefferson Transit and copied to Council, praising the FREE RV PARKING and FREE BUS service
to mare street, noting their many purchases, telling of the missed opportunities of the nine other RVs
in their group, due to lack of signage as they offioaded from the Keystone Ferry on their way out of
town. (For information.)
A letter dated August 15, 1996 from Lloyd W. Cahoon, General Manager, Port of Port Townsend
to Mayor McCulloch and copied to Council announcing the appointment of Conrad W. Pimer to
serve the remaining vacated term of District No. 2 Port Commissioner. (For information.)
A memorandum dated August 20, 1996 to Executive Council and Policy Board Members and copied
to Council, from Ashley Probart, Transportation Planner, Washington State Department of
Transportation, enclosing a Peninsula Regional Transportation Planning Organization Summary of
the July 26, 1996 Finance Element Workshop in Sequim. (For information.)
A memorandum dated August 29, 1996 from Mayor McCulloch to Council appointing
Councilmember Jean Camfield to the City and County Disability Board. (For information.)
A memorandum dated August 29, 1996 from Community Development Specialist Judy Erlandson
to City Council providing Building Permit and Land Use Permit Status Reports. (For information.)
Request for Out of State Travel
Police Department
This concludes the Consent Agenda.
PUBLIC COMMENTS
Mr. John Ebner, 930 Logan Street, stated his long-standing water bill discrepancy had been resolved.
Mr. Ebner asked if the City has a spare American Flag they could use to replace the weather-beaten
flag at the Port Townsend Community Center. Mayor McCulloch referred him to Linnea Patrick
who had recently gone through a Congressman to replace the flag at the Library. Ms. Patrick said
they wrote a letter to Congressman Norm Dicks' office and received a free flag that had flown over
the White House. The Mayor informed Mr. Ebner that the County handles that building and he
replied he would go to the County.
STANDING/ADHOC COMMITTEE REPORTS
Transportation. Councilmember Camfield
August 21, 1996
Discussion items:
· Design standards -- Need to go to Council as a whole
· Non-motorized Plan -- Draft ready late October, early November
· Handicapped accessibility
· Set up for LID workshop by panel of Municipal Governments Resource Center (Date to be
announced)
· Pedestrian and bicycle routes through Walker and Blaine intersection, Quincy and Walker and
what could be done to make them safer
· Texaco stop sign -- an island to be built around to protect it and drivers
· Light at 12th and Landes Streets at the retirement home
· Review of"F" and Cherry Street transportation warrants
Set meeting -- September 9, 1996, 5:00 p.m. at site: Northwest comer o£"F" and Cherry Streets
Agenda: Proposed 4-way stop at intersection
Reported:
· Street Management video available -- "Liveable Streets", 4 hours
· Safe Walk Route to School -- now back to the School District and sent out with letter to parents
of Grant Street, Mountain View and Blue Heron Schools. Grants available to help with Safe
Walk Route to School pathways and sidewalks: $6,000 Mountain View; $9,700 Grant Street;
$14,000 Blue Heron for section from Lopez to Admiralty Avenue.
Handicapped accessibility Tour of Downtown. Participants included Mel Dunivan (man
previously reported in the wheelchair that tipped over), Pat and Lop. ny Gould and Tony Sherfill
(both Lonny and Tony either blind or partially sighted). Several things were pointed out on the
tour which included all of downtown from Pope Park to the ferry dock across the street and
back. Things to do right away included -- repaint accessibility ramps in yellow; they cannot see
red and white.
Priority list of places for biggest impact:
1 -- Clinic and Plaza and both sides of street repaired. Clinic side does not have handicap
access.
2 -- Walker & Adams by Sea First Bank
3 -- Quincy and Water by Video Mart
4 -- Taylor and Water
5 -- Madison and Water at the Police Station, and across Water Street by Dogs Afoot
Other things not prioritized included some crossings that do not meet up and need to be
engineered. Cobblestone walks (hard to get around on).
Public Works Director Wheeler said they also talked about how much they have done.
Set meeting -- September 11, 1996, 4:30 p.m.
Agenda: Miscellaneous problems mentioned
Transit Authority.. Councilmember Perry-Thompson
Reported: Attended Washington State Public Transportation Conference 20th Anniversary, August
27 through 29, 1996, as Transit Authority and Council representative.
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Land Use. Councilmember Keith
August 26, 1996 and September 3, 1996
Discussion items:
· Process for implementation of Comprehensive Plan
· Changes in Zoning Code and Ordinances (One specifically--many lots platted, but have not been
subjected to Subdivision review)
Set meeting --
Agenda: /
Public Safety. Committee. Councilmember Jenks
August 26, 1996 (Councilmembers Jenks and Keith)
Discussion items:
· Tour of three sites for evaluation as representative of interim public safety facilities per the City's
assumed task of John Graham and Associates, to render a specific cost site study by October 1:
Pea Patch
City's Gravel Pit
Keamey Street (a vacant piece of land there and how it would cost)
Set meeting -- September 5, 1996, 4:00 p.m.
Agenda: Emergency Management Committee/Right of Way Education/Function of Volunteer
Police
Reported:
WACTREE Tour, September 6, 1996, 9:00 a.m. to 5:00 p.m. -- Meet at Haines Street Park &
Ride. Call Public Works for reservations.
Utilities. Councilmember Shoulberg
August 20, 1996 and August 29, 1996
Discussion items:
· Broders resolution on today's agenda
· Service area resolution
· Coordinated Water System Plan (CWSP) presentation for September 16, 1996
Set meeting --
Agenda: /
Reported:
· Public Works Director Wheeler discussed the CWSP process approval and the Water Utility
Coordinating Council (WUCC). He said normally the WUCC puts thc plan together, passes it
on to County Commissioners to sec if it is consistent with the Land Use Plan and then on to the
Department of Health. He said thc City has had concerns of a need for an Environmental Impact
Statement (ELS), but that maybe it could bc mitigated since our Land Use Plan is out. He said
thc County has gone ahead without an ElS, and the County Commissioners sent the plan on to
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the Department of Health (DOH). Mr. Shoulberg said the Comp Plan is now slightly inaccurate
as found in the CWSP and Growth Management Act. Mr. Wheeler said the consultants would
make verbal and written changes to the CWSP and the City will not see those changes in
advance, and so it is rather a blank check. He said going to the County Commissioners to see
if the CWSP is inconsistent with the County Land Use plans then on to DOH may be he best way
to go. It would be put on record with the County Commissioners. Mr. Wheeler said he hopes
the Utilities Committee can make a presentation with written responses. He said he is not
dissatisfied the County has gone to DOH, although it is unfortunate that we are losing some of
our local control.
CONSENSUS: Councilmember Shoulberg be authorized to make a presentation, approved by the
Utilities Coreamittee, at the September 16 heating.
Parks. Recreation and Property_ Committee. Councilmember Harpole
August 29 and September 5, 1996 (Two hour working meetings)
Discussion items:
· Park and Recreation Survey -- Draft Ready early October for commtmity feedback
Union Wharf Committee. Councilmember Harpole
Set meeting -- September 5, 1996, Noon, Pope Marine
TV A~lvisory Committee. Councilmember Harpole
· Formation of new committee.
· Participants invited: Councilmembers Harpole and Shoulberg; Mark Welch, Leader of the
Community Citizen Advisory Team; Robert Force, Instigator of Chimacum TV Network; Port
Townsend Librarian Linnea Patrick; representatives from School District #50, Peninsula College,
Washington State University, Port Townsend Extension; Summit Cablevision; Port Townsend
Chamber of Commerce; local newspapers.
~ Mayor McCulloch asked if this is to be an ad hoc committee or an ongoing committee. She
suggested that a preliminary meeting should determine this and plan for a dissolution time if it
is to be an ad hoc committee.
Set meeting: September 18, 1996, 5:00 p.m., Pope Park Building
Councilmember Jenks asked about risk management and fees for Park use. She said she was
approached by Mr. Pete Sofie regarding his 40th family reunion at Chetzemoka Park, and that this
year he had to pay and there was a complication. City Administrator Hildt explained it was
discovered there was a gap in insurance coverage for some groups using City facilities and the Sofies
hit that gap, but now it has been corrected and insurance is available, requiring a one-page form for
the applicant to fill out. There was discussion concerning the range of costs and variables of the
number of participants and kinds of hazards.
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MAYOR'S REPORT
Mayor Julie McCulloch reported regarding Hyogo Cultural Center and a possible Japanese sister city
relationship and said she pursued finding more information after Council recently expressed interest.
She said Hyogo has had a sister state relationship with the State of Washington for 25 years and the
Hyogo Cultural Center in Seattle was opened in May 1990. Mayor McCulloch, Mr. Gene Medina,
and Mr. Tim Caldwell met with Mr. Terehata on August 15. Seattle is a sister city with Kobi which
is in Hyogo. She indicated they try to match cities in these regions on the same scale and Mr.
Terehata thought they might be able to match Port Townsend with a city of approximately 15,000.
Three conditions for participation:
1) Japanese language and culture classes at the High School level;
2) Strong community support -- host families. Citizens of our city travel to their city. Japan offers
travel discount.
3) Contact person who can communicate in Japanese.
The Mayor said the Council needs to determine its interest to continue. If there is interest, a packet
of information will be put together for the representative to take to Japan September 20, return with
information, and do a presentation simultaneously to the School Board and to Council. A group will
then be designated to go to the Center in Seattle to select a City, plan cultural exchange visits, and
sign an agreement if desired.
Mayor McCulloch said visits will be at personal expense; the Japanese will provide homes. She
suggested some cultural events might include a kite symposium, storytelling traditions, festivals like
Rhody, etc. She said Port Townsend is well suited to this endeavor. Another advantage is Japan
employs English teachers, and with a sister city relationship they have a ready pool of applicants.
COUNCIL CONSENSUS to proceed. Messrs. Tim Caldwell, Chamber of Commerce; Gene
Medina, Port Townsend School District; and Mayor McCulloch will put the package together.
Mayor McCulloch said she had received a letter that Port Townsend was again being noticed for its
innovation. She said the biosolids composting facility has been selected to receive the
Environmental Protection Agency's 1996 National second place award for its outstanding beneficial
use of biosolids program for less than 5 million gallons per day operating project category. Mr.
Wheeler said it is a great facility and thanked everybody. He said it is really a community award.
The Mayor announced regional meetings of the Association of Washington Cities, and said
reservations need to be made if anyone is interested.
Councilmember Harpole will be Mayor pro tem September 12 to 16 in Mayor McCulloch's absence
and will cover the September 16 Council meeting.
Budget meetings during that week:
· September 18 -- Council Chambers Noon. Mayor and Finance Committee budget workshop
meeting -- Proposed 1997 Capital Budget. Public Works and BCD Directors department
budgets.
September 20 -- Council Chambers 8:00 a.m. Mayor and Finance Committee budget workshop
meeting -- Department heads and regional service contracts to discuss regional services contracts.
STAFF REPORTS
Libra~_: Director Linnea Patrick
· The summer reading program concluded with 150 people attending a costume Medieval feast
potluck at the Library. Some met the next day to lead the Uptown parade.
· Library Coordinating Committee will meet September 16.
· Library Board representative from Council:
September 23, 1996 -- Diane Perry Thompson
October 28, 1996 -- Ian Keith
November 25, 1996 -- Dan Harpole
December 23, 1996 -- To be determined
Public Works: Director Bob Wheeler
Storm drainage report: (rained ½ inch in 1 hour today)
· 16th and Landes -- functioned quite nicely. Will be nice to get vegetation in to hold.
· Biofiltration swale, Port area -- functioned quite nicely.
City crew assisted State in clean up of erosion from a clogged pipe on Sims Way caused by the
wash down of a hay bale used for erosion control.
· McPherson & 14th standing water. Authorized to move forward to repair.
· Madison Street -- exposed gravel caused clogged catch basin and spread flow across the street.
Cleaned up fairly readily. Planning solution of asphalt with raised curb alongside to prevent
erosion.
Mr. Wheeler said maintenance is usually done in September and October. Councilmember Jenks
said the regional facility at Chinese Gardens is quite low, lower than usual. She asked if someone
opened the flood gates? Mr. Wheeler said the last couple years it has been usual for that time of
year. Ms. Jenks asked to have a small discussion at some point regarding a salinity study. Mr.
Wheeler said Staff had been considering that but the priority was not high.
· Today was school opening; things were working fairly well. Still looking for solutions for Grant
Street School traffic. Traffic control device on 19th street, working quite well.
Councilmember Camfield said she could not say enough good about City cooperation with the
schools. She said Officer Daily had moved the speed register everywhere and his presence made a
big difference. Police Chief Newton said Officer Daily is a School Resource Officer. He will spend
a lot of time with the schools.
City Attorney's Office: City Attorney McMahan
· Announced day-long joint City Council and Planning Commission training (also Planning
Department personnel) October 14, 9:00 a.m. - 3:00 p.m., Pope Marine Building on the Regulatory
Reform system being implemented with the Planning Commission. Will focus on land use issues;
hearing process for undertaking land use review; damages issues and liability issues to the City;
issues with the State Environmental Policy Act (SEPA) and how the Council fits in with the role of
reviewing SEPA conditions. Participants include:
Tayloe Washburn from Foster Pepper -- "SEPA Primer" (Also great resource on the Growth
Management Act (GMA)
· Mike Walter from Keating Bucklin-- Council and Planning Commission roles in reviewing land
use applications, particularly on liability exposure concerns for the City
· Jim Driscoll -- MRC, coauthor of"You Be the Judge"
· Ted Hunter -- MRC, coauthor of"You Be the Judge"
AM session -- Mike Walter, Ted Hunter, Jim Driscoll (Panel Discussion, Question and Answers)
PM session -- Taylor Washburn (SEPA issues, Land Use issues)
· Councilmember Shoulberg said he would like the City to have input into the hearing in front of
the House Government Operations subcommittee on September 19th. He said the Committee is
looking at the GMA and AWC concerning many of the things the City is currently involved in. He
noted the impact of the City's testimony on Referendum 48, GMA and Legislative Reform 1724.
Attorney McMahan said it would be up to Council, but he thinks it would be great to have someone
testify.
Building and Community Development: Director Dave Robison
· Mr. Robison distributed revised timelines for revisions to City ordinances; he said there were no
significant changes. He proposes taking the revised timeline to the Planning Commission for their
detailed review on September 12 and bring it back to Council. The Planning Commission will be
holding a meeting for review of Phase 1 of Development Regulations on the Parking Code, Home
Occupations Code, and Fences and Hedges on September 26 and a public hearing on those revisions
on October 17 with recommendation from the Planning Commission to the Council in early
November.
· Councilmember Shoulberg asked if Council has to justify any changes Council makes to the
Planning Commission's draft ordinances? Mr. Robison said they do not have to justify them,
but under GMA you have to provide a reasoned rationale for decision making. Mr. Shoulberg
said this is a legislative function and feels it is Council prerogative to shape draft ordinances
before they go out through the Planning Commission. It was noted a representative from the
Land Use Committee should be at all Planning Commission meetings. Mr. Robison said the
Council put together the draft of these ordinances in the Phase 1 joint workshop with the
Planning Commission. Mayor McCulloch asked if they would accept Council comments
subsequent to that workshop, and Mr. Robison encouraged Council participation in all the
Planning Commission deliberations.
· Councilmember Jenks noted the process proposed by the three members of the Land Use
Committee:
Planning Commission -- for lines in and lines out
Land Use Committee (if further discussion is needed) -- any committee member can call
the meeting. (For review and changes in language to the full Council.)
Land Use Committee for further lines in and lines out -- Committee presents their
recommended draft to the Council. Councilmember Shoulberg said legislative work needs
to be largely done at the committee level.
Mayor McCulloch cautioned that Councilmembers hear the unaltered Planning Commission
recommendations. Councilmember Camfield said she wishes to see the ordinance as it comes
from Planning Commission and then see concerns from Land Use addressed separately.
Councilmember Jenks said she has respect for work of Planning Commission and they us. She
said they need to work as a team; they will not always agree, but should have reciprocity.
Councilmember Shoulberg said everyone agrees with teamwork, but this matter is legislative.
He thinks the Land Use Committee can still change the text at Committee level and not give up
that legislative authority at the committee level.
PUBLIC COMMENTS/QUESTIONS
Mayor McCulloch opened the meeting for Public Comments/Questions.
Ms. Karen Gates Hildt, Chair, Peninsula College Board, announced the first exchange professor from
China will be on the Port Townsend campus until Christmas time. She said he will be living on
campus, but be in Port Townsend regularly. She noted they hope for long and fruitful exchange and
in the spring hope to send one Peninsula College professor to China. They hope to open it to student
exchange later. She reported a series on Chinese culture on the main campus.
Councilmember Shoulberg extended an invitation to Ms. Hildt for Peninsula College's TV
participation. Mayor McCulloch noted Ms. Deb Johnson's interest and Ms. Hildt asked regarding
high school program participation. She noted that Anita Rinehart, who chairs that committee in the
State Senate, is looking to see how our pilot project goes so she can use it to encourage her fellow
legislators to fund more of this kind of thing in the future.
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.
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PUBLIC HEARINGS
Resolution Declaring the Intention of the Ci_ty Council to Adopt Classification of Noncharter Code
City. to be Governed by the Provisions of Title 35A. Revised Code of Washington
City Attorney McMahan pointed out that this is not a staff-generated proposal. He said it was
proposed by the Mayor and Council at the Council retreat in June. He gave the background of State
legislation governing the status of cities and the parameters of their authority. He noted that since
the option became available in 1967, only about 21 cities in the state have not made the change. He
explained that a second class city has narrow municipality power with specific legislation under State
statute, but that Code cities are allowed to take action if it is not opposed to any specific law.
Attorney McMahan stated that a reclassification, not reorganization, is being proposed and the
Mayor-Council form of government will be retained.
To enact the resolution the City Clerk must publish the resolution within 10 days of adoption. If a
referendum petition with a valid number of signatures is filed within 90 days, it would be on the
ballot of a general municipal election within 120 days, or within 80 days, if no general municipal
election is held and a special election is required. If no referendum petition has been filed within
those 90 days, the City Council at its next regular City Council meeting, shall by ordinance adopt
for the City of Port Townsend, the classification of"noncharter code city" under the Mayor-Council
plan of government. Attomey McMahan said once Council adopts the resolution, the Council sets
forth an irrevocable process, but that it could again go through a reclassification process.
Councilmember Perry Thompson said on the 2nd page of the Resolution it speaks of advantages and
disadvantages and asked what would be the disadvantages. Attorney McMahan answered he would
suppose that if the Council felt it was not appropriate to have an initiative referendum that would be
a disadvantage. If the Council felt it was best to have its authority narrowly construed, or if they
don't want emergency authority, those would be disadvantages.
The Mayor opened the hearing for Council questions:
Councilmember Keith referenced the Code Handbook, page 52, top of page -- Powers and Duties
of the Mayor. He noted veto ordinances passed by the Council .... the mayor's veto may be
overridden by a majority vote plus one of the Council. He asked if that is so now? Councilmember
Jenks referred to a footnote at the bottom of the same page that said the Mayor can veto ordinances.
She asked if that is tree of legislative as well as quasijudicial, and also asked if the Mayor has veto
power across the board now.
Mayor McCulloch noted the difference of reclassification vs reorganization. She said they are not
proposing a manager type of government as recommended originally by a citizen. She said this step
allows them to do that later if deemed appropriate in the future and also have powers of referendum.
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Attorney McMahan said if the Mayor has objections to ordinances she may veto with written
objections, and that five of the seven Councilmembers may override the veto. Councilmember Jenks
asked regarding a tie breaker. Attorney McMahan said it is the same for Code City and Second Class
City. Mayor McCulloch said the Mayor cannot break a tie for passage of ordinances or resolution
in payment of money. Councilmember Jenks asked if the Mayor can break a tie in a quasijudicial
matter. Attorney McMahan said it is not specifically excluded, so it should be so.
Councilmember Davidson asked if the referendum process is the applicable for all three methods of
converting to a Code City. Attorney McMahan said they are the same.
The Mayor opened the hearing to the public. No one spoke in favor and no one in opposition.
She opened the heating for Council discussion and there was no comment on the hearing.
UNFINISHED BUSINESS
Council Findings, Conclusions, and Decision: Madge Wallin, Appeal of Director's Determination
COD96-00015
City Attorney McMahan noted this is to formalize Council's decision at the Public Hearing, see if
it reflects and represents information of Council decision, and to make it clear to the appellant and
to Council.
MOTION Davidson Approve the Findings of Fact, Conclusions and Decision of the City
Council in the Administrative Appeal of the Madge Wallin Code
Enforcement Notice and Order.
SECOND Shoulberg
Discussion: Councilmember Keith said at the hearing he was uncomfortable with testimony of the
neighbor (page 3, Finding of Fact 9), that although clearly qualified, he also has personal interest.
City Attorney McMahan also identified Finding of Fact 13 on page 9 (Mr. Ross is listed among
expert witnesses.) Attorney McMahan suggested removal of the name of Mr. Ross from Page 9 of
Finding of Fact 13.
MOTION Keith Amend the motion by removing, "and Mr. Ross, also an engineer."
(on pages 9 and 10); add the word "and"before the name of Mr.
Tillman in Finding of Fact 13.
SECOND Camfield
MAKER and SECONDER of motion concurred
VOTE
UNANIMOUS AS AMENDED
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NEW BUSINESS
RESOLUTION NO. 96-119
RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL TO
ADOPT FOR THE CITY OF PORT TOWNSEND THE CLASSIFICATION OF
NONCHARTER CODE CITY, TO BE GOVERNED BY THE PROVISIONS OF
TITLE 35A, REVISED CODE OF WASHINGTON
City Attorney McMahan previously explained the resolution.
Councilmember Shoulberg made a motion that the Council adopt Resolution No. 96-119 which was
seconded by Councilmember Keith and passed unanimously by voice vote after a brief discussion.
ORDINANCE NO. 2544
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
ORDINANCE 2543, PERTAINING TO SECTION 2.64.030, TO REMEDY A
DRAFTING ERROR REGARDING VACATION ACCRUAL FOR PART-TIME
EMPLOYEES
City Attorney McMahan stated this ordinance corrects item D-1 in the original ordinance which
allowed vacation accrual rime for part-time employees faster than full-time employees.
Mayor McCulloch read the ordinance by rifle. 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 Perry Thompson and passed unanimously by voice vote. Ms. Kolacy again read
the ordinance by title.
Councilmember Perry Thompson made a motion that the Council adopt Ordinance No. 2544 which
was seconded by Councilmember Keith and passed unanimously by roll call vote.
ORDINANCE NO. 2545
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
ORDINANCE 2524, TO ESTABLISH THE POSITION OF CITY ENGINEER
AND ESTABLISH A SALARY FOR SUCH POSITION EFFECTIVE OCTOBER
1, 1996
Mayor McCulloch introduced the ordinance and read the ordinance by title.
Councilmember Harpole said Council had not seen a draft of this job description nor had they seen
a flow chart showing the lines of authority for the Department. Mayor McCulloch said that was to
be done in t_he budget process, and in the future they would provide that information.
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There was discussion about replacing the Civil Engineer position with a City Engineer position and
if the Civil Engineer position would be abolished. Councilmember Camfield said she did not have
a lot of problem with creating the position and salary, but that the position was advertised as a Civil
Engineer. She asked how you could know if you have the very best applicant since it was not
advertised for that level.
Mr. Wheeler noted the 1997 budget process but said in the meantime the Civil Engineer resigned
and left. He said the job was advertised without salary and of those interviewed they thought it best
to look at those qualifications. He said the Finance Committee discussed the situation.
Councilmember Davidson said he thinks the points raised by Councilmembers Harpole and
Camfield were good points. He said it was discussed at great length in the Finance Committee, and
their decision was made more by majority and was not unanimous. He felt in light of all of the
discussion, to recommend approving was in the best interest of the City.
Mayor McCulloch noted there is an existing flow chart, but it had not gone to Council because of
union negotiations.
Councilmember Jenks spoke about the critical nature of Public Works reorganization and that this
is part of the that reorganization process. Councilmember Keith stated this had been generated by
crisis. He indicated this is a step to committing Council to that reorganization. Mr. Keith said if
the Public Works Director is taking a positive step toward reorganization, he is also willing to take
that step. Councilmember Harpole said the process is backwards. He acknowledged Public Works
needs to restructure. His suggestion was to hire a Civil Engineer on 6 month basis.
Mayor McCulloch said the most upfront way was by presenting this ordinance. She said this
procedure did go through Finance Committee as correct procedure.
Councilmember Jenks suggested they could contract out the work, that they are now doing that.
The matter was discussed.
MOTION
SECOND
VOTE
Harpole Move on and direct staff to report back at the next council meeting
on their progress.
Jenks
Opposed by show of hands: Councihnembers Keith, Davidson, Perry Thompson,
and Camfield
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 Davidson and passed by voice vote with
Councilmembers Jenks, Shoulberg and Harpole opposed. Ms. Kolacy again read the ordinance by
title.
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Councilmember Keith made a motion that the Council adopt Ordinance No. 2545 which was
seconded by Councilmember Perry Thompson and passed by roll call vote with Councilmembers
Harpole, Jenks, and Shoulberg opposing.
MOTION
SECOND
VOTE
Keith Request administration to advertise this position and seek the most
qualified applicant.
Harpole
Unanimous by voice vote after brief discussion.
RESOLUTION NO. 96-120
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
APPROVING AND ADOPTING THE BRODERS WATER AGREEMENT AND
AMENDMENT TO EASEMENT ASSIGNMENT
City Attorney McMahan said they had been working on this for 6 years and urged Council to
approve the resolution as written.
Councilmember Davidson made a motion that the Council adopt Resolution No. 96-120 which was
seconded by Councilmember Shoulberg and passed unanimously by voice vote after a brief
discussion.
There was none.
PUBLIC COMMENT
COUNCILMEMBERS GENERAL DISCUSSION
Qolf Course Management. Councilmember Harpole said he had requested this be put on the
agenda. City Attorney McMahan said he, Mr. Early and Attorney Mark Beaufait discussed the
extended contract. Attorney McMahan said the situation is seriously encumbered by the previous
tenant. Revenue numbers are not available until November 1. There is a lot of title cleating to do
and it will probably go to court; until this is cleared there is nothing to sell. It was noted the
previous lease with Mr. Early is until 2002. Environmental and fiscal issues need to be resolved.
Mr. Harpole said the request was to extend the interim agreement. He said anything long term
should be incorporated into the Parks and Recreation Plan. Councilmember Shoulberg indicated
this needs to be discussed before they go any further. Attorney McMahan, Charlie Simpson, and
Bob Wheeler will be meeting to get other information that will be critical for Council.
Councilmember Keith said he is not convinced the information available at the end of November
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is going to tell them what they need under other circumstances. He said he thinks although things
are not in good shape, the City could fred some other way to manage it very quickly, as a foot in the
door. But the title is still a mess and will not clear in a couple of months. Councilmember Harpole
said the Parks and Recreation Commission said the same -- there were multiple options and
successes and failures on each of them. They are conCerned to give an equitable price to Mr. Early.
Mr. Keith said if they decided to extend the contract, they should also consider having a hiatus or
extension for 1 month to get profit and loss information on November 30 and negotiate at that time.
Mr. Harpole said they need to look at 6 month figures. Mr. Keith said that makes sense.
MOTION Harpole Request the City Attorney approach Mr. Early to extend a
management interim agreement for one more year, then renegotiate
the financial agreement at the end of the receipt of financial
information.
SECOND Davidson
VOTE UNANIMOUS
ADJOURNMENT
There being no further business, at 11:20 p.m., Mayor McCulloch adjourned the meeting.
Attest:
Acting City Clerk
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