HomeMy WebLinkAbout11181996 PORT TOWNSEND CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF NOVEMBER 18, 1996
The City Council of the City of Port Townsend met in regular session this eighteenth day of
November, 1996, at 6:00 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch
presiding.
ROLL CALL
Councilmembers present were Kathryn Jenks, Bill Davidson, Ian Keith, Diane Perry-Thompson,
Jean Camfield, Ted Shoulberg, Dan Harpole. Also present Michael Hildt, City Administrator;
Tim McMahan, City Attorney; Bob Wheeler, Public Works Director; Linnea Patrick, Library
Director; Jim Newton, Police Chief; Stacey Thompson, City Treasurer; Howard Scott, Fire
Chief; Pamela Kolacy, City Clerk
INTRODUCTIONS AND RECOGNITIONS
None.
PRIORITY PRESENTATION
Michael Hildt introduced Mary Lynne Derrington, Superintendent of Schools, Chimacum and
UGN Campaign Chair, and Martin Rowe, of the Community Action Council. They spoke about
the United Good Neighbors Campaign.
AGENDA CHANGES or ADDITIONS
None proposed.
1
CONSENT AGENDA
Councilmember Davidson moved to approve the following items on the Consent Agenda.
Second by Councilmember Jenks. Motion passed unanimously by voice vote.
Approval of the following Bills and Claims:
FUND TITLE AMOUNT
010 Current Expense 30,991.93
094 Garbage 42,606.30
City Council Meeting 1 November 18, 1996
110 Street
120 Library
130 Park
411 Water-Sewer
412 Storm and Surface Water
500 Equipment Rental
610 Firemen's Pension and Relief
Total
10,076.37
4,575.91
6,954.27
34,944.82
4,807.41
6,240.39
275.39
141,472.79
Appointments:
Sy Kahn to Arts Commission, Gary Austin to Civil Service Commission.
Approval of Resolutions
RESOLUTION 96-13 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH RONALD SALADO
REGARDING THE PURCHASE OF LAND IN THE CITY AND AUTHORIZING THE
TREASURER TO ISSUE WARRANTS FOR THE PURCHASE OF THE LAND IN
ACCORDANCE WITH THE AGREEMENT
RESOLUTION 96-139
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES/CONSULTANT
AGREEMENT WITH EARTH TECH, INC. TO REVISE TITLE 17 PTMC TO CONFORM
WITH THE PORT TOWNSEND COMPREHENSIVE PLAN
Communications: None Received
PUBLIC COMMENTS
Mayor McCulloch stated that those wishing to speak regarding the recent dismissal of Building
& Community Development Department Director Dave Robison should direct their comments
to her as chief administrative officer of the city, and noted the action did not involve the City
Council. She also asked that comments be confined to the facts stated in the letter of dismissal
and that no negative comments be directed toward any member of the city staff. The Mayor
noted she would be available by appointment if anyone wished to speak with her privately.
City Council Meeting 2 November 18, 1996
Jim Ewing remarked that the severe action of the termination sends a message to all employees
about management; that a "vengeful" management team curbs diversity and fresh thought. He
stated his sadness and disappointment that the action taken was characterized as the only way to
handle the situation. He said he believed the action taken was far in excess of the act committed,
and noted moral judgment should not be prerogative of management; it may be seen as an inept
business move. He stated his hope that the Mayor would reduce the possibility that this sort of
thing will happen again.
Donn Trethaway stated that, far from being offended by Mr. Robison's actions, the public will
benefit from his work for years to come and that public trust was earned by his exemplary work.
He said that the city government administration has lost credibility before the citizens. He said
there could not have been only one choice of action and wondered who has credentials so good
that can "pick up the first righteous stone and throw it."
Tom Duke read into the record a letter submitted to the Port Townsend Leader in support of Mr.
Robison, signed by several local counselors.
Cindy Wolpin stated that to many people in the community, Mr. Robison's dismissal is an issue
far beyond a personnel matter, that it has served to vilify him; she believes the action taken was
cold and heartless.
Jim Pearson stated he had come to praise Robison and express anger at the act of dismissal. He
stated that Robison has demonstrated the highest standards of professional work and integrity,
and made a community no one would recognize who had seen it six years ago, citing Robison's
work on the Urban Waterfront, Shoreline, Gateway, and Comprehensive Plans in particular. He
asked for compassion from the City and stated the manner of dismissal was shameful.
Linda Clifton stated that Dave Robison was the best planner she had ever worked with as a
Shorelines Commissioner and a Planning Commissioner. She cited his consistent 60-80 hour
work weeks, and stated she did not agree this was the only alternative. She stated it is
demoralizing to realize anyone can work so hard and receive such a blow.
Steve Hayden said that Mr. Robison made a mistake, but that the Mayor did as well. He hoped
the mistake could be corrected.:
STANDING/AD HOC COMMITTEE REPORTS
Jefferson Community_ Network: Councilmember Perry-Thompson
Perry-Thompson and Councilmember Harpole attended the Mobilization on Youth Summit
November 14 at Fort Worden. More than 150 community members were present, including high
school students. The conference was very successful; School Districts will put together the next
event in February.
Jefferson Transit Authority_ Board: Councilmember Perry-Thompson
City Council Meeting 3 November 18, 1996
Money was allocated for improved signage for the Park & Ride.
Councilmember Perry-Thompson also noted the City Council's holiday party for city employees
will be held Friday, December 13 at the Library.
Haines Street Cottage Project: Councilmember Perry-Thompson
Doug Simpson, project manager says 8-10 people working 2-4 hours can do all required
demolition work on one of the cottages. Perry-Thompson will return to Council with further
details.
Public Safety. Committee: Councilmember Jenks
November 14, 1996
Discussion items:
Interim public safety facility.
Jenks would like to present to Council and public on December 2 an abbreviated version of the
workshop conducted by John Graham Associates for the Public Safety Committee. The
presentation would probably include further conclusions and recommendations which may arise
from the Public Safety Committee meeting November 19 at the Fire Hall. Jenks will try to get
written materials to Council before December 2 presentation.
At this time, Mayor McCulloch suggested proceeding to the Public Hearing since it was 7:00
PM.
PUBLIC HEARING
Final hearing on proposed 1997 Budget
Mayor McCulloch asked for public comment on any part of the 1997 draft budget.
No one wished to speak so Mayor McCulloch closed the hearing to the public.
City Treasurer D. Stacey Thompson provided the Council with revised pages to the Mayor's
recommended budget that had been discussed during the several budget heatings and
deliberations. Thompson noted most substantial corrections are included in the new pages,
although some minor details have not been included yet.
Regarding the new fund for cable television, Harpole noted that although salaries and benefits are
listed as a line item, there is a greater probability that funding in the first year will be used for
consultant services and therefore a professional services line item would be more appropriate.
Mayor McCulloch agreed; however she noted that the funds could be transferred administratively
from one line item to another at any time.
Shoulberg questioned the $20,000 transfer from the General Fund to the Parks Fund. Thompson
replied that the subtracting the additional allocation to the Parks & Recreation budget from the
Parks Fund would result in a negative balance; therefore an appropriate amount was transferred
from the General Expense Fund to the Parks Fund to maintain an appropriate balance.
City Council Meeting 4 November 18, 1996
Thompson also noted an addition to the narrative for the City Clerk's budget explaining that part
of the City Clerk's salary comes from the Public Works Department. He pointed out an
adjustment in the Stormwater Fund balance reflecting more revenue than was originally
anticipated. The transfer of the $11,000 advertising allocation from the Mayor's budget to the
City Clerk's budget was also reflected in the changed pages.
As Council requested, additional funds were added to the Library budget although the line item
expenditures will ultimately be decided by the Library Board. Because the Library's fund balance
was sufficient, the additional funds are shown as a reduction to the Library Fund balance. After
discussion, it was agreed that the funds would be shown as a reduction in the current expense
fund so that the Library Fund balance would remain appropriately substantial; therefore $11,052
will be subtracted from the Current Expense and added to the Library Fund.
Regarding the addition to the Parks fund, Thompson noted that the increase in revenues for
Parks and Recreation was not as large as had been contemplated since $6,000 of a projected
$7,000 donation has already been received. Because the offsetting revenues were not as great
they appeared, the $20,000 transfer from the Current Expense Fund was necessary.
The Capital Improvement Fund reflected a transfer for Fire Department remodeling.
Mayor McCulloch asked if there were any further comments from Council before the Budget is
prepared in final form for the December 2 meeting.
Harpole indicated he had received a number of calls regarding the proposed annual pass for the
swimming pool. He moved that the recreation fee proposals include a six-month swimming pool
pass for $150 on a trial basis. Perry-Thompson seconded, and the motion was carded
unanimously by voice vote.
There being no further discussion, Council members agreed to continue on to the next scheduled
public comment period because it was assumed members of the public present were attending to
comment on the ordinances before the Council in new business.
PUBLIC COMMENT
Mayor McCulloch reminded members of the public that the public hearing regarding phase #1
code revisions had occurred at the last meeting and was officially closed. Any comments
received tonight on this matter will not considered part of the public testimony on the proposals.
Joan Fabian addressed the Council on behalf of the Boiler Room and invited them to an open
house on Saturday, November 23, beginning at 7:30 PM. She thanked Council for their ongoing
support of the Boiler Room.
Jemma Utting identified herself as a local family therapist and added her support to Mr. Duke's
letter read earlier in the evening supporting Dave Robison which will be published in the Leader.
Robert Greenway spoke about Mr. Robison's termination. He noted his role of trying to keep
City Council Meeting 5 November 18, 1996
the concept of planning alive in the County and said that much of the cooperation that has existed
between the city and the county depended on Mr. Robison. He regards this expertise as essential
to the cooperative process and expressed his great distress that that skill will be lost to the city at
just this time. He stated his feeling that it is appalling that a piece of paper would stand as a
higher criterion for continued employment than years of excellent and highly competent work.
There was no further public comment.
NEW BUSINESS
ORDINANCE 2550
gan ORDINANCE RELATING TO FENCES, WALLS, ARBORS, HEDGES AND OTHER
PARTIALLY OR TOTALLY SIGHT OBSCURING INSTALLATIONS; REPEALING AND
REPLACING THE FENCES AND GREENBELT REQUIREMENTS CONTAINED IN
CHAPTER 17.36 OF THE PORT TOWNSEND MUNICIPAL CODE; ESTABLISHING NEW
REQUIREMENTS FOR THE HEIGHT OF FENCES, WALLS, AaRBORS AND OTHER
PARTIALLY OR TOTALLY SIGHT OBSCURING INSTALLATIONS; ELIMINATING
HEIGHT RESTRICTIONS FOR HEDGES; AND ESTABLISHING INTERSECTION "CLEAR
VISION AREAS" TO PROMOTE TRAFFIC AND PEDESTRIAN SAFETY
Staff Planner Eric Toews presented the highlights of Planning Commission and staff rationales
for the proposed changes. He noted the primary rationale for repeal and replacement was
promoting ease of administration and enforcement. There is now a proliferation of walls and
fences that do not meet current code requirements; and this particular code issue was seen as a
priority by staff and council during the last Council retreat. Staff was directed to correct
perceived deficiencies in the code and by doing so to reduce the number of complaints fielded
and enforcement actions pursued. He added that this rationale can be applied to the other
proposed amendments on the agenda, Parking and Home Occupations. He stated that the version
before Council is very similar to Option 1, the most permissive option reviewed by the Council
and Planning Commission during their joint workshop in August.
Jenks asked for clarification of the "clear vision area" calculation. Discussion and drawings were
used. She questioned whether hedges were allowed in the right of way. Toews replied that
hedges would be regulated to the extent they obscure vision or block emergency access to a
dwelling and that they would be allowed in the public right of way only if a street use permit
were obtained.
Jenks asked what would happen to existing hedges in the right of way. Toews noted that the
city's top priority in code enforcement would be safety issues. McCulloch clarified that the
ordinance refers to planted, not natural hedges.
Jenks asked for clarification of the language "partially or totally sight obscuring". Toews stated
his interpretation, after listening to the deliberations, would be an installation that would result in
City Council Meeting 6 November 18, 1996
a nearly total blockage of sight.
After further discussion of hedges in the right of way, City Attomey McMahan reminded Council
that one would probably not want to have an ordinance stating the city does not have authority to
regulate what is in the public right of way. The proposed ordinance provides a clear statement
that private property owners do not have the right to encumber what is a public asset and thereby
preclude future use of the right of way by the city.
Perry Thompson stated that she has concerns about the ordinance from the perspective of two
different values: the value of privacy and the value of having a view. Although she believes the
city cannot guarantee views to property owners, and understands the value of not over regulating,
the fact remains that some property owners have paid more money for property because of the
view. She suggested inclusion of some process, perhaps a citizen review board, which would
help resolve disputes between abutting property owners.
Camfield agreed on a need to regulate site obscuring entities, that restrict air and light, but noted
there is a broader question than just regulation of fences and hedges. For example, a home could
be built on neighboring property which could obstruct a neighboring view.
Keith stated his understanding that the proposed ordinance is an interim ordinance; at this time
hedges would be unregulated with the expectation that the broader issues of bulk and height
requirements would be addressed next year.
Shoulberg agreed that this was a trial period and that results would be quick to appear in the next
few years.
Camfield noted that complaints have been received from neighbors on both sides of this privacy /
view issue.
Harpole agreed that as the process continues, Council should not confuse addressing vegetation
issues with the broader issues of view and privacy; he noted a large motor home stored in a
driveway could also cut off a view. He expressed his understanding that the Council 1 is not
avoiding the light and air issue, but is recognizing that the there are farther reaching regulatory
impacts than those addressed in this ordinance.
Davidson reported that he struggles with not wanting to craft an ordinance that creates additional
regulations and enforcement problems for the city, but is unable to support unrestricted hedges in
side and rear yards since there will be some instances in which this will cause a tree burden to
citizens whose view or light are significantly impacted.
Jenks noted that when the Land Use Committee set up the process for dealing with Phase I code
amendments, the option of an additional hearing to deal with difficult issues was added. She
stated she did not believe the ordinance necessarily had to be adopted tonight, but that Council
did have the option to delay and suggest rewrites.
City Council Meeting 7 November 18, 1996
Jenks stated her major concerns about the enormous ramifications of enforcement when the
height of a hedge keeps changing. She said that not having the energy to enforce this appears to
be one reason hedges are less regulated than fences and walls. She stated that in her opinion,
regulation of hedges should primarily be addressed through public safety concerns."
Keith noted that it did not appear that the ordinance would affect a hedge changing height,
because if the height is not regulated, there is no enforcement issue when it grows taller.
Davidson noted that under the existing ordinance, hedges are regulated in rear and side yards. He
estimates that 95% of hedges that exist that violate the current ordinance never cause a problem;
however when there is a problem, having some restriction would give an avenue of help if there
were a complaint.
Jenks suggested using the original wording referring to "planted" hedges in 17.08.211 to limit the
scope of the ordinance to planted rather than naturally occurring vegetation; she again asked to
strike the term "partially or totally sight obscuring" on page 6, line 32.
Shoulberg stated that public safety in a clear vision area is at stake whether a hedge is planted or
not. He noted that the definition is there because one must define to regulate and hedges are
regulated in a clear vision area.
McMahan noted that precise words are used for precise legal reasons. He noted that the Planning
Commission debated wording changes at length and tried to eliminate ambiguous language.
Shoulberg moved that the first reading of Ordinance 2550 be considered the second reading, and
the third be by title only. Jenks seconded. The motion carded unanimously by voice vote.
Shoulberg then moved for adoption of Ordinance 2550, pages 1-8 of the Planning Commission's
final draft dated October 24, 1996. Harpole seconded.
Jenks asked for clarification of the footnote on page 6 regarding the burden of surveying property
for the purposes of determining right of way. City Attorney McMahan noted that in a dispute
over the location of the right of way, in most instances the choice would be payment by taxpayers
or payment by the owner of the property. Jenks had further questions about that process.
Shoulberg noted the Director would made an initial decision that an obstruction appeared to be in
the right of way. McMahan added that in an enforcement action where there is a right of way
dispute between the city and a property owner, the city can ask the property owner to demonstrate
that the obstruction is indeed not in the right of way. If the wording were changed, that burden
would fall on the taxpayers.
Mr. Hildt noted that if there is concern that the Director is requiring an unnecessary survey, the
other party has recourse through the appeal process. He added that s survey is usually a last
resort in these cases..
City Council Meeting 8 November 18, 1996
Camfield then called for the question. The vote on the question carded 5-2, with Keith and Jenks
opposing (2/3 majority needed).
A roll call vote was then taken on the motion before Council for adoption of Ordinance 2550.
The motion was defeated 4-3, with Davidson, Jenks, Keith and Perry-Thompson voting against.
Keith then moved to reconsider the motion to adopt Ordinance 2550. Jenks seconded. The
motion carded by voice vote, 6-1, with Davidson opposing.
Keith noted that if a significant number of property owners built 8-foot fences on their front
property lines, the city streetscape would change dramatically. Upon questioning, Planning
Commissioner Lisa Enarson stated that the Planning Commission did not specifically discuss a
possible resulting change in town character associated with this provision..
Councilmember Harpole left the meeting at 9:20 because of illness.
Keith then moved for adoption of Ordinance 2550 amended to provide that no fence, wall or
other partially or totally sight obscuring installation shall exceed four feet in height within any
required setback area abutting a public street right of way; and an amendment that the words "of
the BCD" be stricken after "Director" in all cases (to eliminate the need to change the code if the
name of the department changes). Shoulberg seconded.
Jenks asked for clarification that the height limit of eight feet would then still apply anywhere
behind the setback. Hildt confirmed. She then asked if current non-conforming fences would be
"grandfathered." Hildt replied that given of resources and common sense, these structures would
not be pursued for enforcement in most cases.
Jenks expressed a wish to revisit enforcement priorities at a future date.
More discussion ensued about whether or not the four foot limit could apply to fences, with an
additional allowance for "open" fencing on top. Shoulberg suggested a friendly amendment to
the motion adding an allowance for a four foot height extension above the original four feet, with
the additional four feet to be predominantly open, allowing for passage of light and air.
Keith accepted the amendment. There being no further discussion, a roll call vote was taken on
the motion to adopt Ordinance 2550, as amended. The motion carded 4-2, with Davidson and
Perry Thompson opposing.
Staff was directed to add the appropriate language to the final ordinance.
ORDINANCE 2551
AN ORDINANCE RELATING TO HOME OCCUPATIONS; AMENDING AND ADDING
NEW DEFINITIONS TO CHAPTER 17.08 OF THE PORT TOWNSEND MUNICIPAL CODE;
REPEALING AND REPLACING THE HOME OCCUPATIONS REQUIREMENTS
City Council Meeting 9 November 18, 1996
CONTAINED IN SECTION 17.64.040 OF THE PORT TOWNSEND MUNICIPAL CODE;
AND ESTABLISHING NEW, MORE FLEXIBLE REQUIREMENTS AND AN
ADMINISTRATIVE PERMIT APPROVAL PROCESS FOR HOME OCCUPATIONS.
Mr. Toews introduced the ordinance, and noted the key provisions encouraging home occupations
in accordance with the direction of the Comprehensive Plan; noting also that the introduction
includes a purpose statement indicating it is not the city's intent to become involved in private
restfictve covenants. He stated noted the exemptions are now performance based, rather than
prescriptive.
Jenks stated she hold a home occupation permit, and asked whether she should be excluded from
the discussion. McMahan noted that since this is a legislative matter, that would not be
necessary.
Jenks then stated her concerns, many brought about through about citizen correspondence, that
the peace of neighborhoods not be disturbed; she also stated the code would be difficult to
enforce. Her preference is that business visits should not be allowed to continue as late as 9:00
pm and that visits should not start as early as 8 am. She also expressed concern about the change
in maximum floor area, and stated that if the home occupation required 50% of the floor space,
the smacture would not then be primarily a home.
Shoulberg noted that track deliveries "not common to the neighborhood" are not allowed;
constant movement of UPS and Federal Express tracks for personal deliveries are common in
residential areas. He also voiced his support for economic development and stated that because
home occupations are a growing industry they should be encouraged. He contended that this is
where many businesses get their start and he supports making it as easy as possible for them. He
noted that If the impact remains within the house and the neighbors are not disturbed, it is not
relevant how great an area of space is devoted to business inside the structure.
Keith noted that on the Director is required to make affirmative findings that the business is not
injurious or detrimental to neighborhood character; if it is, the permit can be denied on those
ground. Those findings may often establish a higher standard than the minimums spelled out.
Toews confirmed that meeting minimum standards does not automatically result in issuance of a
permit; if there are conditions where minimum standards are satisfied but all impacts associated
with the home occupation mean a change in neighborhood character, the project could be
mitigated further to ensure that character.
Jenks expressed concern that three employees might be too many; that the number may alter "use
and enjoyment" of property. McMahan noted that a decision must be reasonable: many non-
business activities in a neighborhood cause early morning coming and going and several
automobile trips. Neighbors view a situation subjectively about whether or not they are
disturbed; in an enforcement action, the view must be completely objective..
Keith pointed out that although there is a restriction on how late business visits can take place,
City Council Meeting 10 November 18, 1996
no limit regarding early morning visits has been placed. He suggested 8 AM. Jenks noted her
preference is that business visits would be limited to 8 AM - 6 PM.
Camfield asked for a definition of "business visit." She questioned whether arrival and departure
of employees is covered. She also agreed that outside impacts should be the primary focus of
regulation, and believed that a rime limit for early arrival should be established.
Shoulberg pointed out that Council is looking at home occupation in the way traditional work is
viewed. He added that the nature of work in one's home is changing and the concept of "regular"
business hours cannot be the same in this context.
Keith proposed 8 am as the earliest possible for rime arrival of employees and business visits.
Keith moved that the first reading of Ordinance 2551 be considered the second reading, and the
third reading be by rifle only. Davidson seconded. The morion passed by unanimous voice vote.
Ms. Kolacy read the ordinance by rifle.
Keith then moved for adoption of Ordinance 2551, with the amendment that section 17.23.060
also include "before 8 AM" section C be amended to read "maximum floor area devoted to home
occupation shall not exceed 800 square feet". Shoulberg seconded.
Keith explained that by removing the constraint of limiting 50% of the floor space to be devoted
to business, a scenario may occur where the builder of a new home who needed 800 square feet
of space for a home occupation would be required to build a 1600 sf home in order to do that; in
a 1200 square foot house, he would be limited to 600 square feet. This becomes in some cases,
an incentive to build a larger structure than originally planned.
Shoulberg suggested a friendly amendment to the motion which would add the phrase "or non-
resident employee arrivals or departures" after "no business visits" in 17.23.060. Keith agreed to
the friendly amendment language "no business visits or non-resident employee arrivals or
departures
Perry Thompson asked why there is no requirement to notify adjacent property owners when a
home occupation permit application is received. City Attorney McMahan stated that notification
is not required for a Type I building permit (another Type I example is a building permit). Toews
noted this requirement would make the permit application process more difficult and lengthy as
well as increasing administrative costs to the city.
Davidson questioned whether a home occupation permit can be transferred to a new owner who
buys the property and the business. Hildt explained that the permit is a simple and fast one to
obtain, and by requiring all new owners to apply, it is more clear that the applicant understands
all that is involved in a home occupation.
Jenks again expressed concern over allowing 50% of space to be used for business, blurring line
City Council Meeting 11 November 18, 1996
between business and home, again stating her feeling that the "occupation" should be secondary
to the "home". She would stated her preference to cutting off business visits before 9PM and
limited non-resident workers to fewer than three per business.
Camfield also expressed concem about the number of non-resident employees allowed as that
may affect the character of the neighborhood.
Perry Thompson questioned the cumulative impact of several home businesses in one area,
noting that it would increase traffic significantly. Toews noted that may be a factor included in
the Director's review of the application, Shoulberg added that this sort of impact may become
evident over time with possible tracking of home business locations, and that if the impacts
appear to be seriously affecting neighborhoods, the standards may be changed.
Jenks proposed a friendly amendment to the motion to allow fewer non-resident employees.
Keith refused. Jenks proposed a friendly amendment limiting hours for business visits to 6PM
instead of 9 PM. Jenks proposes a friendly amendment that floor space for business shall not
exceed 3 3-1/3 %. Keith refuses.
There being no further discussion, a roll call vote on the motion to adopt ordinance 2551 as
amended results in a 3-3 tie, with Camfield, Jenks and Perry Thompson opposing. The mayor
declined to vote on the advice of the City Attorney because the vote was for passage of an
ordinance, a legislative matter. The motion therefore failed for lack of a majority.
Shoulberg the moves to adopt Ordinance 2551, amended to add language in 17.23.060 (f) stating
that there will be no business visits or non-employee arrivals or departures before 8 a.m. or after
9 p.m. Keith seconded.
Jenks requests a friendly amendment to the motion removing the word "hand" from "hand
crafted" in 17.23.060 (E) and to limit the number of non-resident employees to two rather than
three. Shoulberg accepted the wording change to "crafted", but declined the suggestion to
further limit non-resident employees.
Since there was no further discussion, the roll call vote to adopt Ordinance 2551 as amended was
taken. The motion passed 4-2, with Camfield and Jenks opposed..
COUNCIL DISCUSSION
Since the time was approaching 11 PM, discussion dealt with the remainder of the agenda. Keith
suggested going through the remainder of staff reports and mayor's report and continuing the
meeting to discuss the Parking Ordinance.
Mayor McCulloch noted she would be unavailable this week and next and suggested taking up
that matter at the next regularly scheduled meeting on December 2. The remaining item of new
business was the first reading of the Supplemental Budget Ordinance.
City Council Meeting 12 November 18, 1996
ORDINANCE 2552
AN ORDINANCE APPROPRIATING THE SUM OF $54,046 TO THE CURRENT EXPENSE
FUND, $37,251 TO THE LIBRARY FUND, $19,611 TO THE PARKS FUND, $10,625 TO
THE CAPITAL IMPROVEMENT FUND, AND $86,812 TO THE WATER/SEWER FUND,
MAKING FINDINGS AND DECLARING AN EMERGENCY
Shoulberg moved for the first reading of Ordinance 2552. Davidson seconded. The motion
passed by unanimous voice vote. The Clerk then read the Ordinance by title.
MAYOR'S REPORT
Mayor McCulloch read a letter from General Clinton Hom, U.S. Air Force Special Operations
Command regarding the exercises conducted in and around Port Townsend. He apologized for
the inconvenience to citizens and pledged to do better in the future.
McCulloch also noted that a workshop executive session regarding the Port Townsend Gold
Course needs to be scheduled. The session will take place during the Council Meeting on
December 16, but will be prior to the meeting rather than following it. The executive session
will begin at 4 pm at Pope Marine Building.
STAFF REPORTS
City. Administrator: Mr. Hildt noted several upcoming training opportunities. On Monday,
November 25, sexual harassment awareness training will be available for any employees who
have missed this opportunity. On December 3, Maschoff Barr will send a representative to speak
about coping with change; sessions are scheduled for noon and 1 PM. On December 12, an
representative from Association of Washington Cities will discuss benefits for non-bargaining
unit employees at 1:00 in Council Chambers. Hildt also said that the first draft of the personnel
policies manual has been completed; target for completion is February.
Ci_ty Attorney: Mr. McMahan announced meetings of the Land Use Study Commission on
December 4 in Olympia and December 10 in Tacoma. These will be key meetings;
Councilmembers with interest may want to consider attending.
He also noted Growth Management Hearing Board heard the City's motion on the issue of
standing by those not involved in the public process. The decision should be issued this week.
Public Works: Mr. Wheeler stated that Doug Mason had succeeded in securing IAC funds in the
amount of $100,000 for Union Wharf. The Parks and Recreation functional plan survey was
mailed today with copies to the City Council. He also requested that the Utilities Committee
schedule a meeting to discuss next year's contracts, and Master Plan schedules. The meeting was
set for 12 Noon on Wednesday, December 18 at Public works.
City Council Meeting 13 November 18, 1996
Police: Chief Newton stated the promotional exam for sergeant has been set for December 17.
An assessment center consultant has been hired to do that test. He also said the Civil Service
Commission had agreed to waive the rule requiring four years with Port Townsend law
enforcement as a requirement for applicants since only two officers would qualify. Instead,
applicants will be required to have at least a total of five years of appropriate law enforcement
experience. An examination for lateral entry officers will also be conducted early in 1997.
Chief Scott noted the pumper track is still out of service.
Library_: Ms. Patrick noted that the Library Board meeting on November 26 is scheduled to begin
at 5:00 pm.
City Administrator: Mr. Hildt added that staff had visited the state office of procurement and had
information about buying off state bids. He asked if he could bring the proposed agreement
before council at the next meeting, without going to Finance Committee. There was no
opposition.
PUBLIC COMMENT
There was no further public comment
There was no general discussion.
GENERAL DISCUSSION
ADJOURN
The meeting was adjourned at 11:37 pm.
Pamela Kolacy, City Clerl~ ~
City Council Meeting 14 November 18, 1996