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HomeMy WebLinkAbout12021996 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF DECEMBER 02, 1996 The City Council of the City of Port Townsend met in regular session this second day of December, 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, lan Keith, Kathryn Jenks and Jean Camfield. Also present were City Clerk Pam Kolacy, City Administrator Michael Hildt, Police Department Chief Jim Newton, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Jordan Pollack, Fire Department, Library Director Liunea Patrick, City Treasurer Derek Stacey Thompson and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS Mayor McCulloch introduced Mr. Sy Kahn, newest appointed Arts Commission Member, and stated among his accomplishments he was an Arts Commission Member in Stockton, California, held professorships in English, humanities and drama, and is an author and editor. Mr Kahn responded with thanks for the opportunity to serve on the Commission. PRIORITY PRESENTATION Interim public Safety_ Facility. Update. Councilmembers Jenks and Perry-Thompson made the presentation. Ms. Jenks said the Committee defined interim as being 7 years. They requested the consultant examine lowest cost options over the interim for both modular and traditionally built facilities on three different representative sites: 1) City-owned site at San Juan Avenue and 19th Street; 2) City-owned site on Umatilla Street 3) privately owned site, represented by a space on Kearney Street. Fire Department -- Recommendations of Phase I for the next budget cycle arrived at by consensus of the Public Safety Committee November 19, 1996: 1) The city-owned Harrison Street house behind the fire station be used as part of Phase I implementation; 2) Budgeted funding be utilized to achieve the prioritized Phase I needs; 3) The air exhaust system proposed be costed for consideration from several market sources; 4) Other funding above the currently budgeted amount be committed after costing and prioritization have occurred and been agreed upon. Interim needs determined for the Port Townsend Fire Department: · Replace Station Electrical System $17,250 · Installation of Fire doors $ 7,600 · Remodel of Sleeping Quarters $ 6,500 · Harrison Street House $ 7,750 * Remodel of Station SCBA Medical $ 2,500 Supply Room for Office · Exhaust Capture System $18,000 - $40,000 Mayor McCulloch noted there is $34,000 additional appropriation in this year's budget to be voted on later in the evening. Mr. Jordan Pollack said this is the minimum needed to make that a livable space through the interim. Councilmember Harpole suggested it may be costly to stay at that location, but that one option may be to remain at that site. Mr. Pollack suggested they may also investigate using satellite sites, rather than one "mega" site. Police Department -- consensus is that further discussion is needed, possibly in this order: · Site Evaluation · Funding Strategy · Coordination with County (Councilmember Harpole offered to bring matter to County Commissioners. Consensus was for Mr. Harpole to pursue the matter. · Project Management · Timing Councilmember Harpole suggested January 1998 time frame to break ground, giving a year to get a contract out, and the facility built in summer 1998. Councilmember Shoulberg suggested it would take $2 million to $3 million for a permanent facility for a Police Department. Mr. Pollack indicated the Fire Department may be able to continue in their present space for 5 - 10 years. Phase I -- liveable space (now to 7 years). Phase II -- future beyond the 7 years. Acquiring land for satellite. Councilmember Jenks asked which discussion items should come first. Mayor McCulloch suggested: early 1997 -- look at funding and strategies; look at property desired; start construction in 1998. · Councilmember Harpole -- Funding strategy is tied to the siting. If the Police facility is moved, this could allow a remodel of the space to meet other needs. · Councilmember Keith -- It is important that currently the City is paying for leased space. · Councilmember Jenks -- Regarding seismic criteria, the Police Department is not appropriate at current site, but the site can be used for office space. AGENDA CHANGES OR ADDITIONS It was requested XV(G) be moved to Unfinished Business; Mayor McCulloch noted staff would be arriving for the discussion at the earlier time. Item D, date is February 3rd -- Resolutions need to be corrected from February 5th. Minutes for October 21. 1996 corrected as follows: Eliminate Councilmember Jean Camfield from the roll. Introduction of appointee Gwendolyn Moore to the Arts Commission, correct Pengal and Papers to read "Pangolin Papers" Minutes for November 18. 1996 corrected as follows: Page 12 change Jenks to "Camfield proposed a friendly amendment to the motion to allow fewer non-resident employees." CONSENT AGENDA Councilmember Camfield made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Harpole and passed unanimously by voice vote. Approval of Minutes for October 21, 1996 and November 18, 1996 as written without reading and amended. Am>royal of the following Bills and Claims: 010 Current Expense $ 9,227.86 094 Garbage 35,729.88 110 Street 2,874.67 120 Library 7,669.40 130 Park 1,723.80 150 Hotel/Motel Transient Tax 3,210.68 180 Capital Improvement 152,194.49 411 Water-Sewer 97,290.73 412 Storm and Surface Water 4,067.87 500 Equipment Rental 3,674.07 610 Firemen's Pension and Relief 1,189.97 Total $ 318,853.42 Approval of Resolutions: RESOLUTION NO. 96-140 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF PORT TOWNSEND TO SIGN AN AGREEMENT WITH KEITH HARPER TO PROVIDE 1997 CITY MISDEMEANOR PROSECUTION SERVICES RESOLUTION NO. 96-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY CLERK TO SET A PUBLIC HEARING WITH REGARDS TO THE ADOPTION OF THE WATER MASTER PLAN FOR FEBRUARY 03, 1997 CITY COUNCIL MEETING. RESOLUTION NO. 96-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE ALEA GRANT AGREEMENT FOR THE UNION WHARF RECONSTRUCTION PROJECT. RESOLUTION NO. 96-143 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER NO. 2 WITH SEABOARD CONSTRUCTION, INC. FOR CHANGES TO THE FILTER PIPING IN THE TRI-AREA WELL UPGRADE. RESOLUTION NO. 96-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT AND A CUSTOMER SERVICE AGREEMENT WITH THE STATE OFFICE OF PROCUREMENT. RESOLUTION NO. 96-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL TO ASSIST WITH THE PREPARATION OF THE STORMWATER MASTER PLAN AND IMPLEMENTATION PROJECTS RESOLUTION NO. 96-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #9 FOR AN AMOUNT NOT TO EXCEED $103,000.00 TO THE UNION WHARF RECONSTRUCTION PROJECT CONTRACT WITH HURLEN CONSTRUCTION. RESOLUTION NO. 96-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #10 FOR AN AMOUNT NOT TO EXCEED $187,000.00 TO THE UNION WHARF 4 RECONSTRUCTION PROJECT CONTRACT WITH HURLEN CONSTRUCTION. RESOLUTION NO. 96-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL TO PROVIDE ADMINISTRATIVE SERVICES. Communications: A memorandum to Council dated September 1, 1996, from Robert Wheeler, Public Works Director, regarding Progress Payment No. 6 Tri-Area Well Upgrade. (For information.) A letter dated November 18, 1996, from Cindy Wolpin regarding the dismissal of Dave Robison. (For information.) A letter of reply dated November 21, 1996, from E. Toews to the October 30, 1996, letter of John R. Foley, 1441 F Street, Port Townsend, to the Planning Commission regarding Port Townsend Comprehensive Plan and effects of new zoning on his property. (For information.) A letter dated November 24, 1996, from Mary L. Kittridge, 1013 Eddy Street, Port Townsend, regarding City water supply. (For information.) (Referred to Utilities Committee.) A letter dated November 24, 1996, to Eric Toews from Planning Commissioner John Boles, stating his reasons for voting "no" on the Planning Commission draft "Proposed Parking Code." (For information.) A letter dated November 25, 1996, from T. A. Rogers, 2201 Cook Avenue, Port Townsend, commenting on City of Port Townsend vs. Joseph Placz. (For information.) (Referred to Public Safety Committee.) Article from November - December 1996, Puget Sound Section, Washington Chapter, American Planning Association, pSS News, "Next Property Rights Battle: Defining the Turf' copied by City Attorney's office. (For information.) This concludes the Consent Agenda. PUBLIC COMMENTS Mr. Dom Campbell spoke regarding the Police Department interim facility. He said the 1-1/4 acre "pea patch" site development, estimated at $381,000, seems to be wildly out of proportion to the City in terms of cost. He said a local excavating company suggested if it was not an asphalted site, $50,000 would easily cover costs. One question -- is a $320,000 blacktop surface worth $320,000 to the City of Port of Townsend? He also questioned the number of rooms for -- occasional holding, fitness, briefing, emergency room etc., and suggested it be designed to fold into one space to save 1,000 square feet in design cost. Mr. Campbell also spoke about Fire Department auxiliary use and said no District has a #1 rating. He read from a letter from the Washington Survey and Rating Bureau and summarized the handout sheet he had distributed. He said no matter what you do you are not going to get a #1, 2, or 3 rating and asked "Are we getting our money's worth to increase our rating?" Councilmember Shoulberg asked Mr. Campbell if he is not in favor of auxiliary fire stations, if he was talking about the six points they discussed earlier. Mr. Campbell noted the John Graham report and said he is wondering if a second bay is needed at all. Councilmember Mr. Keith noted the issue may be whether or not Port Townsend will fall behind in rating from 5 to 6. Mr. Campbell said Port Townsend currently has a very high rating for its size. Mr. Dominic Smith, neighbor to the "pea patch" site, asked regarding environmental issues in the site criteria section. He pointed out it does not address quality of life -- public green space. Ms. Jenks replied they will weight criteria wanted for the city: community acceptance, environmentally clean (no toxics in soils, also habitat) and noted the City will have to conform to its own ordinances. She urged Mr. Smith to come to the meetings and give input. Mayor McCulloch noted the site selection process is only beginning and also urged Mr. Smith to attend the Public Safety Meetings. The Public Hearing was taken as the next order of business. STANDING/ADHOC COMMITTEE REPORTS Solid Waste Advisory_ Committee (SWAC). Councilmember Perry-Thompson November 21, 1996 Discussion items: · Recommendations to County on their solid waste financial plan Set meeting -- December 5, 1996, Port Townsend Recreation Center Agenda: Continuation of recommendations for County solid waste financial plan Housing and Community_ Services. Councilmember Perry-Thompson November 27, 1997 Discussion items: · Utility Billing Brochure for 1997 available through the utility billing office. (Addresses updates in utility rates, recycling information and senior discounts.) 6 Public Safety_ Committee. Councilmember Jenks November 19, 1996, Fire Hall Discussion items: · Development of recommendations for Phase I Fire Department interim needs. Water Advisory Coordinating Committee .(WAC). Councilmember Shoulberg November 27, 1996 Discussion items: · Council Resolution defining Out-of-City Service Area boundaries including Glen Cove as proposed out-of-city service area. PUD and State Department of Health took exception saying there was no such thing as a proposed out-of-city service area. City Attorney McMahan said it is not to say there would be hostile takeover of the PUD service area, but the State statutes and WACs say we need to designate what our service area may be. He said they cited the WAC, "proposed future service area," but it was not intended to be alarming; Council can decide to remove it. Mr. Wheeler said regarding deleting reference to Glen Cove, that they need to be careful. He said it should be left in all narrative. Mr. Shoulberg said if the WAC states it as the proposed future service area, Council should go with it. Mr. McMahan said the Water Master Plan needs to be revised, but they are doing as required by the State Legislature, coordinating GMA planning with water planning. Mr. Shoulberg said the plan has been adopted, has been to the County Commissioners and now goes to the State. Mr. Wheeler said perhaps a letter of clarification should be written to the State, with copies to Mr. Shoulberg and all the committee. MAYOR'S REPORT Mayor McCulloch noted this is Councilmember Dan Harpole's last Council meeting and said during the last three years he has gone above and beyond the call of duty. She cited the new recreation program, including the Skateboard Park and 35th Street Park; and his service as Council President and Mayor Pro Tem. She recognized the complex challenge he is facing, and wished him good luck. The Mayor referred to the packet regarding a sister city and announced a meeting with the School Board December 17, 5:30 p.m. at the Lincoln Building. She noted the two sessions for staff on "Coping with Change" December 3, 1996, in the Pope Building and note Council members should feel free to attend.. STAFF REPORTS City Administrator's Office: City Administrator Hildt Announced: · December 3, brown bag sessions 12:00 to 1:00 p.m., City Hall. Employee assistance program, Coping with Change. 7 · December 12, 1:00 p.m. Council Chambers. Representatives from the Washington Association of Cities Health Benefit Trust to discuss benefits for exempt employees. Reported: Anticipate 65-70 percent long distance savings with AT&T in the next several years. The Auditor's office cited no negative audit findings for the annual audit in the exit interview. City_ Attorney's Office: City Attorney McMahan Update on the Comprehensive Plan challenge: received formal order from the Hearings Board on the standing motion and motion by Jefferson County Home Builder's Association to provide supplemental evidence for consideration. The Board denied the request that the petitioners be allowed to call representatives of the County as expert witnesses on the City's Comprehensive Plan. ~: Director Bob Wheeler Parks & Recreation Functional Plan -- Sent out 800 surveys (100 to high school and middle school), approximately 250 returned. Noted there is a sample at City Hall and at the Library. Union Wharf -- Advisory committee meet last week. Reported things are looking good: · they have received grant money allowing them to finish portions of the project, i.e. sidewalk removal and replacement on both sides; access to minimize upset of people getting to the Surf; paving to the end of street to take care of drainage problems on Taylor south of Water Street · Puget Power, agreed to locating their major power pole in the back at the alley; underground power to dock. Union Wharf building. Working with Hurlen Construction on first preference for used materials from Union Wharf itself. · Moving ahead on the floating gangway. Working on hoist mechanism for the gangway and floats during the winter time -- Lloyd Cahoon agreed he is contemplating having the Port take them for storage during the winter. · Funding looking good now; however, what is under the street is still unknown. There is contingency money available. · Meeting set to discuss landscaping and handicapped ramps at Taylor and Water Street, all four directions. · Councilmember to replace Dan Harpole on the committee. For the Sake of the Salmon--An organization of federal, state, tribal, local government, industry, fishing industry, and environmental members from California, Oregon and Washington. The organization recognized lack of money is a big problem in dealing with watersheds. They would like to assist in support of watershed coordinators. The City has spent several years financially supporting and being the lead agency for the Jefferson County Water Resources Advisory Committee to implement the Dungeness/Quilcene recommendations and move forward with the plan into some real action, but they have never had a watershed coordinator. For the Sake of the Salmon recognizes the many various needs and are contemplating applications from entities for supporting coordinators. They estimate it will require $50,000 per year to support a coordinator and indicate they will fund 75% ($37,500) and expect local agencies to fund the remaining $12,500. The City has been budgeting $10,000 per year. Mr. Wheeler said the PUD has agreed to match that, and WSU has agreed to in kind support. He thinks there is matching money, and suggests the City apply for the money to hire a coordinator, and volunteer to be the lead agency. Deadline is December 15th. MOTION Keith The Public Works Director be given approval to make application for funds to hire a Watershed Coordinator for the City and on behalf of Jefferson County Water Advisory Council, and the City be the lead agency. SECOND Davidson VOTE Held until after next Public Comment Period Library_: Director Linnea Patrick Reported: · Library volume at all-time high in the month of October, 29% higher than a year ago (14,500 checked out, 15,000 checked in). (Mr. Hildt asked if volume was due to new videos; Ms. Patrick replied adult book volume was also up.) · Library Development Plan Coordinating Committee has been meeting twice monthly. Have finalized their recommendation for a Library mission and roles to forward to the Library Board for approval and are currently working on those goals and objectives. · Formal reception Wednesday, 7:00 p.m. for new audio visual materials. Will have a showing of Ghost Ship, a mutiny story included in the Billy Budd story. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. There being none, Mayor McCulloch closed the Public Comment/Questions portion of the 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. There being none, Mayor McCulloch closed the Public Comment portion of the meeting. MOTION ON WATERSHED VOTE -- UNANIMOUS IN FAVOR PUBLIC HEARINGS 9 Street Vacation Application LUP 96-00067 Arthur Karno Ms. Judy Surber, Planner, introduced the street vacation application and showed Exhibits A, B and C. Ms. Surber pointed out that the application is a redesign at the City's request to protect the Winona Wetland buffer against encroachment by a hammerhead turnaround for emergency vehicle access. The redesign is dependent upon the 30 foot street vacation. OppOsition from Mr. Lindquist, adjacent property owner, was noted. Councilmember Jenks asked if all the property owners abutting the street have to agree? City Attorney McMahan said the statute requires the petition be signed by the owners of more than two-thirds, or 66%, of property abutting the part of the street or alley sought to be vacated, and said there is a concern regarding that stipulation in this matter. Mr. McMahan suggested they complete the hearing and continue it for deliberation until next Council meeting to allow him to gather more information. Ms. Surber discussed the conclusions and commented regarding Conclusion 2, that the street is not needed for overall area circulation, that, in fact, both Departments of Building and Community Development and Public Works would not want to see Arizona Place developed as a street because of the need to then enter into the Perry Street fight-of-way and the Winona Wetland buffer in order to provide emergency vehicle access. Shoulberg: Asked whether the applicant is technically the only abutting property owner. McMahan: Asked Ms. Surber for clarification that Mr. Lindquist did not sign the petition and has expressed opposition to the vacation. Surber Said that is correct. McMahan: Replied to Mr. Shoulberg that the issue is whether Mr. Lindquist is construed as an abutting property owner when he essentially owns to the center line of Arizona Place. He said the wording in the statute is not altogether clear as to what the language means, and a delay would give him an opportunity to look more carefully at the statute. Shoulberg Is it illegal to have the hammerhead in a buffer zone? Surber Not illegal. Keith: Clarify Condition #1 -- fee simple or dedication? McMahan: The alley strip would be dedicated fee simple. It is owned by the City of Port Townsend, and the City has control of the right-of-way. It is a modem practice that was not pursued when this property was platted. Keith This would be an exchange of a dedication on one side for a fee simple interest on other side? McMahan In terms of value it is an even exchange. Jenks: Winona Wetland is delineated as Class II - what is the required buffer?. What is buffer for a Class II wetland? Surber: 100 feet. Jenks Then Conclusion #6, if we vacate the street, are we still in the buffer if we are within 100 feet? McMahan: The importance is that it does not abut a body of water. Vacation is not a problem. 10 Jenks: Surber Camfield Surber: The hammerhead turnaround is really the issue and how close that is to the buffer. On Page 4 -- is it "defects" or "deficits?" Defects. If you vacated and Mr. Lindquist needed access, where does he get it, on Perry Avenue? That is why the Comprehensive Plan indicates that area as open space. Mr. Lindquist would have access being it is unplatted land; access is not denied to the property. Concern was raised regarding the Winona Wetland and the hammerhead. It was reported Lisa Pallazzi, wetlands consultant, noted the applicant's property is not within the Environmentally Sensitive Area. Keith: Surber: Jenks: McMahan: Keith: Jenks: McMahan: Jenks: Camfield: Wheeler: Camfield: Surber: The proposed hammerhead is entirely on the proponent's property? That is correct, under the redesign. Questioned how they can make the boundary line adjustment if they don't know where the buffer is. Noted this is an application for a street vacation only, not a boundary line adjustment. Whether or not the development works out, we do not have to consider that here. If the street is vacated, Mr. Lindquist have to access through the buffer or wetland? It is a key issue whether this adversely affects circulation and access in the area. You could determine that separately tonight. Adversely affects, to me, means we cannot promote access, if the access is going to impact a sensitive area that is not supposed to be developed. Does this meet the standard of access? A street could be put in there; there is limited access on Perry Street before you hit the wetland or the buffer. From a staff standpoint, this would be the least impact on the Winona Wetland and the buffer itself and still provide access. I agree. There is nothing written in the file from Ms. Pallazzi. Noted Ms. Surber said she walked the site with Ms. Pallazzi and Mr. Robison and that a letter was drafted and signed by Director Robison which Ms. Pallazzi reviewed. Mayor McCulloeh opened the hearing to the public. PROPONENT: William M. Palmer, Port Orchard. Concurred with the Staff report. Mr. Palmer distributed Exhibit D (page 7) which shows the proposed hammerhead. Mr. Palmer said they have a proposal on lots 6-10 on Arizona Street and will be following with a boundary line adjustment at the stafflevel. On the issue of 1/3 signatures on the application, his analysis of application requirements is they have met it by 11 virtue that Mr. Kamo owns 5 lots and is only proposing to vacate to the center of the right-of- way. Mr. Palmer referred to Exhibit A and noted the lots are approximately 50' wide. He indicated the 100 foot buffer appears to fall short of lots 15 and 16; that would have to be clarified at a later point in time. He noted a fee simple trade--dealing with the least impact alternative, and said even if wetland encroached on lots 6 and 15, he believes the opening for the emergency turnaround would be justifiably approved by the City. He said he feels it is far less impacting with the present proposal, than on the Exhibit D proposal, and that they can meet all the conditions that staff has recommended for approval. He noted that Mr. Lindquist has adequate potential access onto other rights-of-way and does not feel that Arizona Street needs to be his point of access. Shoulberg questioned whether Mr. Palmer was advised upon original application that it was not appropriate to open Arizona Street. Mr. Palmer replied that staff's recommendation was that it might be a better alternative to vacate a portion of Arizona Street and avoid the hammerhead on Exhibit D. That could be avoided by taking access internally, essentially trading 30 feet interior access adjacent to the alley for Arizona Street. This was then included in the current proposal. Shoulberg asked if Mr. Palmer or the applicant would have an objection to vacating 29 rather than 30 feet of Arizona Street. Mr. Palmer replied that losing that foot probably would not negate the project. OPPOSITION: Mr. Lindquist stated that he owns the property called the East Reserve, and although he is not sure what he is going to do with his property, he believes approval of the street vacation may lower the value of the southern portion. He questioned manner of access and stated a bottleneck may be caused. PROPONANT REBUTTAL --There was none. The Mayor closed the hearing to the public and opened it for Council deliberation. COUNCIL DELIBERATION Davidson Are two-thirds of property owners determined in linear feet or number of property owners? McMahan The statute is not clear. I would take it to mean physical lineage, not parcels. Shoulberg If it is two-thirds of the property owners, the applicant would be 100% of the property owners abutting the part to be vacated. McMahan: If Mr. Lindquist owns to center line on his property to the west, usually that would mean he is the abutting property owner to the center line of the right-of-way. He cautioned they have encountered some situations in town where plats abut other properties. Theoretically, on Exhibit A, lots 10,9,8,7,6, and 5 could wholly include the right-of-way, so by vacating 50% of the right-of-way, that property owner may very well own the balance of the fight-of-way. He said he 12 doubts that happened here, but it could be the case, and they would want to look at the old plat maps. Shoulberg: Are we at any time allowed to deny an applicant to open the right-of-way? McMahan: Yes. If a development proposal comes in where the only access is a public right- of- way, and there are significant environmental impacts associated with that right-of-way, there are almost always other alternatives. There is not an automatic right that a right-of-way be opened to access property. Shoulberg: The applicant is not objecting to only vacating 29 feet of the right-of-way. Would that alleviate the question of ownership? McMahan: It would meet technical requirement of statute. Keith If owned to center line. MOTION Harpole Continue this street vacation deliberation to December 16th SECOND Keith Discussion: Ms. Jenks requested a copy of the letter of documentation from Ms. Surber, Mr. Robison and Ms. Pallazzi's visit to the site at the next meeting. Mr. Shoulberg asked when the application was received and what the deadline for approval is under Regulatory Reform. Mr. McMahan noted that street vacations are excluded from the Regulatory Reform statute. Ms. Surber stated that the application fee was submitted September 30th; it was hoped a decision would be made by the end of this month. VOTE 6 in favor, Couneilmember Shoulberg opposed UNFINISHED BUSINESS ORDINANCE NO. 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 The Mayor read the ordinance by title, and stated this is a Supplemental Budget ordinance which had its first reading at the November 18th Council Meeting. Councilmember Perry-Thompson noted a discrepancy between the written amount and the amount shown in figures in Section 1. City Treasurer Thompson stated that the wording would be changed to read $50,586. Councilmember Davidson made a motion that the second reading be considered the third by title only which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. 13 Councilmember Davidson made a morion that the Council adopt Ordinance No. 2552 as amended which was seconded by Councilmember Perry-Thompson and passed unanimously by roll call vote. NEW BUSINESS ORDINANCE NO. 2553 AN ORDINANCE FIXING AND ADOPTING THE 1997 BUDGET FOR THE GENERAL CITY GOVERNMENT, THE WATER-SEWER UTILITIES, THE STORM AND SURFACE WATER UTILITY, BOND REDEMPTION FUNDS AND THE CAPITAL IMPROVEMENT PROGRAM. City Treasurer Thompson introduced changes with a memorandum dated December 2, 1996. Councilmember Davidson made a morion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Carnfield and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by rifle. Councilmember Perry-Thompson made a motion that the Council adopt Ordinance No. 2553 which was seconded by Councilmember Keith and passed unanimously by roll call vote. ORDINANCE NO. 2554 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PERTAINING TO THE LOW INCOME DISABLED UTILITY CREDIT PROGRAM, AMENDING SECTION 13.24.040 TO INCREASE THE AMOUNT OF THE WATER, SEWER AND STORM DRAINAGE BILLING CREDITS OF THE PORT TOWNSEND MUNICIPAL CODE The Mayor read the ordinance by rifle. Councilmember Jenks 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 Jenks made a motion that the Council adopt Ordinance No. 2554 which was seconded by Councilmember Hat'pole and passed unanimously by roll call vote. ORDINANCE NO. 2555 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 13.26, SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER CONNECTIONS, AMENDING SECTIONS 13.26.030 WATER SYSTEM DEVELOPMENT CHARGE AND SECTION 13.26.040 SEWER SYSTEM DEVELOPMENT CHARGE, OF THE PORT TOWNSEND MUNICIPAL CODE 14 The Mayor read the ordinance by title. Councilmember Perry-Thompson made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Harpole and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by rifle. Councilmember Keith said he hoped they would be revisiting these charges next year to make them more equitable. Councilmember Harpole made a motion that the Council adopt Ordinance No. 2555 which was seconded by Councilmember Perry-Thompson and passed unanimously by roll call vote. ORDINANCE NO. 2556 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.04.030, SEWER RATES, OF THE PORT TOWNSEND MUNICIPAL CODE, ADJUSTING MUNICIPAL WASTEWATER RATES FOR 1997 TO REFLECT THE COST TO DELIVER SEWER SERVICE 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 Davidson 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. 2556 which was seconded by Councilmember Harpole and passed unanimously by roll call vote after brief discussion. ORDINANCE NO. 2557 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING AND ESTABLISHING THE FEES FOR THE RECREATION AND SWIMMING PROGRAMS, EFFECTIVE JANUARY 1, 1997 AND AMENDING ORDINANCE #2493 The Mayor read the ordinance by rifle. Councilmember Harpole 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 Harpole made a motion that the Council adopt Ordinance No. 2557 which was seconded by Councilmember Perry-Thompson and passed unanimously by roll call vote after discussion. 15 ORDINANCE NO. 2558 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.12.220, MONTHLY WATER RATES OF THE PORT TOWNSEND MUNICIPAL CODE, ADJUSTING MUNICIPAL WATER RATES TO REFLECT THE COST TO DELIVER WATER SERVICE 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 Keith 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. 2558 which was seconded by Councilmember Harpole and passed unanimously by roll call vote after brief discussion. ORDINANCE NO. 2559 AN ORDINANCE RELATING TO PARKING, AND LOADING AND QUEUING; AMENDING THE OFF-STREET PARKING, AND LOADING AND QUEUING REQUIREMENTS CONTAINED IN CHAPTER 17.30 OF THE PORT TOWNSEND MUNICIPAL CODE, ELIMINATING OFF-STREET PARKING, AND LOADING AND QUEUING REQUIREMENTS FOR LAND USES ESTABLISHED, CHANGED OR RELOCATED IN HISTORIC STRUCTURES THAT LIE WITHIN THE C-III ZONING DISTRICT; AND REDUCING OR ELIMINATING THE OFF-STREET PARKING REQUIREMENTS FOR NEW CONSTRUCTION OR EXPANSIONS OF EXISTING STRUCTURES, AND ANY LAND USES ESTABLISHED, CHANGED, OR RELOCATED IN NONHISTORIC STRUCTURES THAT LIE WITHIN THE C-III ZONING DISTRICT AND OTHER COMMERCIAL ZONES WITHIN THE HISTORIC DISTRICT. Motion Camfield: Continue Deliberation of the Parking Code Ordinance 2559 on December 16th at approximately 7:30 P.M. Second Perry-Thompson Vote Unanimous in favor There was none. PUBLIC COMMENT 16 COUNCILMEMBERS GENERAL DISCUSSION Councilmember Harpole noted he was officially resigning from the Council on December 3. He stated he will hold files, City codes, etc. and will brief the Councilmember who will be replacing him. He indicated over the next couple of weeks he would prepare a memo to update the new Council member on the status of issues at the committee level, particularly Parks and Recreation, and Union He said it has been an honor and pleasure to work with the Councilmembers and staff. He said he has not always been in complete agreement, but noted he has been impressed with the quality of Council, the Mayor and Staff. He said as County Commissioner he would be working with different governments, but we are all residents, and he wanted to help dissolve boundaries. Other Councilmembers spoke with appreciation for Mr. Harpole's work and accomplishments and wished him well in his new position as a County Commissioner. Process and time line for filling vacant council position. Mayor McCulloch noted there has already been interest in the vacancy, and that notice will appear in the local newspaper for two consecutive weeks.. City Attorney McMahan replied to questioning that the process for filling a vacancy does not change due to Code City rather than Second Class City Status. Councilmember Harpole asked if letters of interest should be addressed to the Mayor, that there now is not a Council President. Mayor McCulloch suggested the issue of President be resolved at the next Council Meeting. She said Council will be notified as applications are received. Councilmember Camfield said she thought the total deliberation and discussion should take place in public. Councilmember Keith said he felt last time the executive session discussion could have been said in public session. Councilmembers Perry-Thompson and Jenks agreed and Ms. Jenks asked they discuss the method of voting if there is no clear majority. Discussion followed as to the process of presentation and questioning and City Administrator Hildt suggested they provide a list of do's and don'ts. The time line resulting from discussion: January 3rd deadline for filing. Advertise December 11 and 18. Public comment accepted at the Council Meetings December 16 and January 6. Candidate presentation -- 5 minutes for presentation and 15 minutes for questioning. Selection January 6, Oath of Office January 21, 1997. 17 Councilmember Keith suggested regular Council business be carried over to January 7, if necessary. Motion Perry-Thompson Nominate Jean Camfield as Council President Second Discussion: Vote Jenks Camfield -- Would like Job Description to delineate expectations. Unanimous in favor ADJOURNMENT There being no further business, at 10:32 p.m., Mayor McCulloch adjourned the meeting. Attest: Pamela Kolacy City Clerk 18