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HomeMy WebLinkAbout12161996 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF DECEMBER 16, 1996 The City Council of the City of Port Townsend met in regular session this sixteenth day of December, 1996, at 4:00 p.m. at the Pope Marine Building, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Bill Davidson, Diane Perry Thompson, Ted Shoulberg, lan Keith, and Kathryn Jenks. Also present were City Attorney Tim McMahan, Assistant City Attorney Mary Winters, City Administrator Michael Hildt, Public Works Director Bob Wheeler, and Public Works Operations Manager Charlie Simpson. EXECUTIVE SESSION An executive session regarding potential litigation was held from 4:09 - 6:02 PM. The meeting was recessed and reconvened at 6:10 in Council Chambers at City Hall. There was no action following the executive session. Additional staff members present at the reconvened meeting were Library Director Linnea Patrick, Police Chief Jim Newton, Fire Chief Howard Scott, Treasurer Derek S. Thompson, and City Clerk Pam Kolacy. PRIORITY PRESENTATION Martin Rowe of Community Action Council, which acts as staff for the Housing Authority of Jefferson County, introduced Andy Welch of Kitsap Consolidated Housing Authority. Mr. Welch, director of the self-help housing program in Kitsap County, noted that he had been contacted by realtor and citizen groups hoping to bring this program to Jefferson County and Port Townsend. The self-help housing concept was presented, and several questions from Council members were answered. Mr Rowe requested that the Council pass a resolution supporting the concept. Camfield moved that the Council pass a resolution supporting the concept of a partnership between the Kitsap County Housing Authority and the Jefferson County Housing Authority for a mutual self help housing program to take place in Port Townsend and Jefferson County. The motion passed with five in favor. Mayor McCulloch promised the resolution (96-149) would be prepared and a copy provided to Mr. Rowe within a few days. AGENDA CHANGES OR ADDITIONS Page 1 City Council Meeting December 16-17, 1996 Council member Camfield requested that items G and H under New Business be reversed, since she planned to excuse herself from discussion of the proposed sublease of the Nomura Building, and she would like to be present to vote on the ordinance amending storm water utility service rates. Shoulberg then moved that Item G (Nomura sublease) be removed from the agenda and referred back to the Finance Committee, and rescheduled for the January 6 meeting because he believes substantial questions need to be answered before Council discussion. Perry Thompson stated a concern that the opportunity to sublease the space may be lost if the decision is put off until then; suggested Council decide whether the lease should be pursued or dropped. Davidson said additional items of concern had come to his attention since the last Finance Committee meeting and he would favor scheduling another Finance Committee meeting for further discussion of the issues. Jenks noted her understanding would be that the Finance Committee's further discussion would be to gather questions they may or may not have together and decide whether the Council agrees that the staff has to do more work. She indicated she did not agree tonight would be an appropriate time to decide or not. Shoulberg noted he would like consensus about the nature of questions, but would like to know if council can agree that all questions are relevant unless strong dissent is expressed. Jenks then seconded the motion. Keith proposed an amendment to the motion that the Council meeting be continued to discuss the issue sometime between tonight and January 6. Shoulberg agreed to amend the motion to continue the meeting to a date certain. The motion was restated to say the Council would continue tonight's meeting, to a date certain following the Finance Committee Meeting. The motion passed with four in favor, Perry Thompson opposed, and Camfield abstaining. CONSENT AGENDA Mayor McCulloch noted that Doug Mason of Public Works has requested removal of Item G on the Consent Agenda, as the approval of the seller has not yet been obtained. Corrections to Minutes of November 4 proposed, on page 5, correct name of committee is Recreational Functional Plan Oversight Committee. City Council Meeting Page 2 December 16-17, 1996 Davidson moved to approve the following items on the Consent Agenda. Councilmenber Perry Thompson seconded and the motion passed unanimously by voice vote. Approval of the following Bills and Claims: Fund Title Amount 010 Current Expense $26,392.60 094 Garbage 36,530.35 110 Street 39,221.08 120 Library 8,638.02 130 Park 12,254.22 150 Hotel-Motel Transient Tax 16,959.09 411 Water-Sewer 112,414.52 412 Storm and Surface Water 34,182.61 500 Equipment Rental 13,783.50 610 Firemen's Pension and Relief 357.03 TOTAL $300,733.02 Approval of Resolutions: RESOLUTION 96-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH JEFFERSON COUNTY FIRE PROTECTION DISTRICT #6 FOR FIRE PROTECTION SERVICES AT THE BIOSOLIDS COMPOSTING FACILITY RESOLUTION 96-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING TACOMA PUMP & DRILLING CO., INC., TO BE THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER FOR DRILLING AND CONSTRUCTION OF A NEW PRODUCTION WELL IN THE TRI-AREA AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AWARDING THE BID TO TACOMA PUMP AND DRILLING CO., INC., OF GRAHAM, WASHINGTON. RESOLUTION 96-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING STAFF TO SETTLE CHANGE ORDERS FOR UP TO $5,000 FOR A SINGLE CHANGE, OR $15,000 FOR SEVERAL CHANGES COMBINED, FOR City Council Meeting Page 3 December 16-17, 1996 CONSTRUCTION COSTS FOR THE NEW PRODUCTION WELL IN THE TRI-AREA. RESOLUTION 96-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT OF $19,500 COMMUNITY DEVELOPMENT BLOCK GRANT TO KEITH D. JACKSON, PURSUANT TO RESOLUTION NO. 88-58. Commurdcations: Letter dated November 14, 1996, from Lisa Martin to the city Council regarding utility billing. Referred to Finance Dept. Letter dated November 25, 1996, from Tim Lambert to Council regarding code enforcement issues. (For Information.) Letter from Laura K. Popenoe to Carl Johnson, Public Works requesting stop sign at Lawrence & Harrison. (For information.) Letter from C. Scott McClellan, U.W. West, to Mayor McCulloch, regarding Washington Utilities and Transportation Commission Superior Court decision. (For information.) Letter from Elizabeth Robbins, Washington Coastal Corridor Project Manager, regarding draft WCC Master Plan. (For information) Letter to Washington State Parks & Recreation Commission from Cleve Pinnix, Director, regarding Fort Worden Conference Center & Recreational Housing user fees. (For information) Letter from Charmaine Stouder, CDBG Program Manager, to CDBG Eligible Cities and Counties re Third Amendment to the 1996 Action Plan. (For information.) Letter from Gary Kaiser to City Council regarding parking ordinance. For information. Memo from Bob Wheeler, Public Works Director, to City Council regarding Progress Payment No. 7, Tri-Area Well Upgrade. For information. CEAW Article recognizing Port ToWnsend wastewater treatment plant as an "environmental steward" - distributed by Public Works. For information Reference article from John Tuohael to City Council for information. There were none. City Council Meeting PUBLIC COMMENTS Page 4 December 164 7, 1996 STANDING/AD HOC COMMITTEE REPORTS Finance Committee. Councilmember Davidson Reported: Discussion of lease opportunity for K. C. Nomura Bldg., advantages and disadvantages, cost estimates and available resources. Moved and seconded that the Committee recommend to the Mayor directing staff to pursue the lease and initiate discussion with Council. Motion passed with 2 in favor, Shoulberg abstaining. Jenks noted the item was scheduled for discussion this evening, and the agenda is very full. Discussion of whether to set another Finance Committee meeting or continue Council meeting to discuss the item ensued. Set Meeting: December 23, 10:00 AM. Council questions about lease should be submitted to Mayor McCulloch or Mr. Hildt as soon as possible so staff can research answers. Councilmember Jenks refused and insisted that questions be presented publicly without being presented first to staff. Shoulberg moved that tonight's Council meeting be continued to tomorrow evening, December 17, at 7:00 for the sole purpose of asking questions of staff regarding the Nomura lease. Keith seconded. Davidson noted that continuing the meeting will help assure the issue will be dealt with in a timely manner. The motion passed unanimously by voice vote. Proposed Finance Committee meeting for December 23 canceled. Public Safe _ty Committee. Councilmember Jenks Ms. Jenks referred to the copy of a letter received from Laura Popenoe to Carl Johnson of the Street Department regarding stop signs. She questioned whether this issue should be referred to the Public Safety or Transportation Committee. Ms. Camfield, Transportation Committee Chair, noted a staff assessment is needed and requested Bob Wheeler to look into the issue. Ms. Jenks reported attending a meeting as Chair of the Public Safety Committee with City Administrator Hildt, Police Chief Newton, and Public Works Director Wheeler where the funding strategy for an interim police facility was discussed. She noted that she had attended the last Finance Committee meeting and asked for assistance in working on funding strategy, and a possible work plan to either discuss at a combined Finance/Public Safety Committee meeting or to present a plan from the Public Safety Committee to the Finance Committee for evaluation. She recommended going to Finance with the Public Safety Work plan. Mayor McCulloch noted she recognizes the need to move into the implementation phase of the public safety facility and that it must be the subject of discussion as soon as possible. She designated this item as an important topic for the Council retreat in January. Councilmember Davidson then scheduled a Finance Committee meeting for 12 Noon on Thursday, January 2. City Council Meeting Page 5 December 16-17, 1996 Parks, Recreation and Property_: Mr. Davidson noted a communication from Mr. Jim Farmer, Chair of the Parks Commission asking if a Council member could attend the January 8 meeting at Chetzemoka House. Councilmembers Camfield and Davidson will see Mr. Farmer at another meeting before then and talk with him. MAYOR'S REPORT Mayor McCulloch stated she met with a representative from the Office of Marine Safety on December 11. Councilmember Jenks, Eric Andersen of EDC and Tim Caldwell of the Chamber of Commerce were also in attendance. The state of Washington has set a standard in oil spill preparedness which was the subject of discussion. She has a packet of information which will be made available to any Council members who are interested. The Mayor also reported a meeting scheduled for December 17 with the School Board to discuss the Japanese sister city. STAFF REPORTS Public Works: Director Bob Wheeler Mr. Wheeler reported the latest progress on Union Wharf. He also reported on a joint meeting with BCD, Finance, and Utility Billing, to discuss topics of mutual concern. The Public Works Department conducted a two-day workshop and priority session recently. The candidates for City Engineer have been narrowed from 30 to five, interviews have been conducted, and an offer has been made. City Administrator: Michael Hildt Mr. Hildt reported on the "Coping with Change" seminars, and benefits meeting with AWC for non-union employees. He reported working currently on four personnel matters, and noted that the Insurance Authority will be here all day Friday for their annual review. Police Department: Chief Jim Newton Chief Newton reported that fiVe applicants will be participating in the assessment center testing for the sergeant position. He noted that Officer Lohner is on administrative suspension pending charges. His trial was concluded today and the decision should be handed down within a week. Library: Linnea Patrick Director Patrick announced the community party at the Library tomorrow evening. She also announced the Library Board would be combining December and January meetings on January 13. PUBLIC COMMENT There were no public comments. City Council Meeting Page 6 December 16-17, 1996 PUBLIC HEARING There were no public comments on proposed Ordinance 2559. UNFINISHED BUSINESS Arthur Kamo Street Vacation Application, LUP 96-00067 City Attorney Tim McMahan relayed the applicant's request for a continuation as negotiations are continuing with the adjacent property owner. Shoulberg moved that Arthur Karno Street Vacation Application LUP 96-00067 be delated until January 6. Mayor McCulloch noted that the agenda for January 6 was packed. The applicant's representative indicated that January 21 would be an acceptable date. The motion was amended to substitute January 21 for January 6. Keith seconded. There was no further discussion and the motion passed unanimously by voice vote. NEW BUSINESS ORDINANCE 2559 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER 20.04, LAND USE PLANS AND IMPLEMENTATION, OF TITLE 20, ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS, TO THE PORT TOWNSEND MUNICIPAL CODE, TO ESTABLISH AN ANNUAL AMENDMENT PROCESS FOR THE PORT TOWNSEND COMPREHENSIVE PLAN, LAND USE MAP, AND LAND USE CODE. Mayor McCulloch read the ordinance by rifle. Mr. McMahan noted that the ordinance was drafted by Assistant City Attorney Mary Winters with the assistance of BCD Director Dave Robison and Planner Eric Toews. He noted Mr. Toews was present to answer questions. He stated the ordinance had been before the Land Use Committee and the Planning Commission and that both recommended adoption. The Growth Management Act requires that cities amend their Comprehensive Plans no more than once a year and that amendments must be considered cumulatively along with amendments to the Capital Facilities plan and the budget process. This new section sets up the process to handle those amendments on an annual basis. Ms. Jenks stated a good amount of discussion has taken place at the Land Use Committee and she would recommend no substantive changes, although she did note some different verbiage regarding the SEPA checklist. Mr. McMahan clarified that any amendment has to go through SEPA review, no matter whether it was brought by city staff or a private citizen. Mr. Toews said this was an effort to streamline and consolidate the ordinance and to make it more readable after the Land Use Committee and Planning Commission meetings. He recalled that the intention was a submission of a SEPA checklist with any site specific zoning requests. City Council Meeting Page 7 December 16-17, 1996 McMahan suggested amending the ordinance so that a parenthetical, i.e. "(for site specific applications)" be added. Mr. Keith suggested a change on page 7, at (b) to indicated "during the adoption process or any annual amendments to the Port Townsend Comprehensive Plan". He also questioned the definition of'interested person" on page 10.2. Toews said he believes that indicates citizen requests would be handled under subsection 1 and subsection 2, refers to formal applications that would be required to move through the process. Citizen requests can be initiated at any time through BCD, P Comm. or council. This would be only for land use, not broader amendments. Davidson noted that page 6, third line from the bottom should be" c" above, not "number 4" above. Councilmember Davidson then moved that the first reading be considered the second and the third be by title only. Keith seconded and the motion passed unanimously by voice vote. Councilmember Jenks requested a final copy of the ordinance after suggested changes have been made. There was no further discussion. Davidson moved for adoption of Ordinance 2559. Perry Thompson seconded and the motion passed unanimously by roll call vote. ORDINANCE 2560 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.60, AMENDMENTS, TO BE GOVERNED BY NEW CHAPTER 20.04, LAND USE PLANS AND IMPLEMENTATION, TITLE 20, ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS. Mayor McCulloch read the Ordinance by title. Mr. McMahan noted this was a "housekeeping" matter and was necessary in light of the passage of the previous ordinance. Mr. Davidson moved that the first reading be considered the second, and the third be by title only. Shoulberg seconded. The motion carded unanimously. Ms. Kolacy read the ordinance by title. Mr. Davidson moved for adoption of Ordinance 2560. Ms. Jenks seconded. There being no further discussion, the motion carded unanimously by roll call vote. ORDINANCE 2561 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 20.09.020, BUILDING LAND USE AND DEVELOPMENT FEES, CHAPTER 20.09, LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES, OF PTMC TO BE City Council Meeting Page 8 December 16-17, 1996 CONSISTENT WITH NEW CHAPTER 20.04. Mayor McCulloch read the ordinance by title. Mr. McMahan noted this ordinance simply clarifies a previous Council decision; that it was always intended that private applicants who wished to amend the Comprehensive Plan would pay fees. After brief discussion and clarification, Perry Thompson moved that the first reading be considered the second reading and the third be by title only. Camfield seconded. The motion carded unanimously. Keith then moved for adoption of Ordinance 2561. Davidson seconded. The motion carried unanimously by roll call vote. ORDINANCE 2562 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 Eric Toews, Planner, reminded Council that this is the "quick fix" directed by Council during the Council Retreat early this year. He added it is important to view it as an interim step, with the minimum changes necessary for now before the more systematic review over the next two years. He reviewed the three original options proposed by staff to the Planning Commission and Council and reiterated the five key rationales: economic development, infill development, historic preservation, administrative ease, and encouragement of alternative transportation modes. He also made a brief summary of the key provisions of the ordinance. Councilmember Keith asked for clarification of the ten space exemption: if the project were required to provide eleven spaces, what happens? Toews noted that currently all eleven would have to be provided, as there is no provision for a ten space credit over the development threshold. He stated his recollection that the reasoning was that it would be imprudent to be too liberal in allowing new infill development until Phase II regulations are on line, as it may lead to problems with developments which are too large in scale to fit with the Comprehensive Plan. He noted it as an attempt to err on the side of conservatism. He added that there is alternative language if Council would like to change that indicating that for new construction, the computed requirement shall be reduced by ten parking spaces. City Council Meeting Page 9 December 16o17, 1996 Keith noted that bulk and dimensional requirements for such projects are already set under the code. Toews replied that he believed if the parking code were repealed and not replaced, large developments would not be prohibited under the zoning code, and that the parking code was the single largest impediment to those proposals. In that interim period between Comp Plan adoption and adoption of a new zoning code, if the parking code were liberalized too much, the city may be faced with development beyond the scale of what has been recommended in the Comp Plan. Keith added that this could create a window of opportunity for such a project. Jenks asked what situation or change in the code would generate a traffic circulation study. Toews replied if there were concern on the part of the SEPA responsible official, engendered for example, by comment letters, a study might be ordered to determine appropriate mitigations.. Jenks asked whether if the least restrictive version were passed and more people consequently parked uptown, whether traffic circulation patterns would be studies as part of a longer term parking ordinance. Toews replied that to his knowledge this has not been discussed nor considered. If some of the off street parking spaces now existing in the downtown area are developed, there could over time be some spill over effects on adjacent uptown parking areas. He noted the Planning Commission adopted a "wait and see" attitude, and expressed willingness to address the issue if it turned out to be a problem. Jenks asked whether there was perusal by the Planning commission on how to enhance the desirability of the Park and Ride. Toews replied that that was one of the three recommendations made to Council along with the ordinance as a strategy. Perry Thompson stated that one of the the city's goals is to encourage alternative modes of transportation, and urge business owners as well as visitors to park there; she would like to make sure it is part of discussion. Toews stated there is no explicit language in the ordinance. Jenks questioned whether those who have developed under the existing code would receive any benefit from liberalization now. McMahan noted there is nothing legally that can be done, and that the City is benefiting today from new knowledge and being responsive to citizens and the landowners in the downtown area; it is unfortunate, but the same issue arises with many changes in city regulations. Keith asked whether those who are now paying fees for leased parking to fulfill former requirements might now be released from that obligation. McMahan noted that some of the same inequity problems arise in these cases. City Council Meeting Page 10 December 16-17, 1996 Shoulberg added that some spaces now designated for off-street parking could be used for other Davidson asked if this would affect the Rose Theater and asked if he should excuse himself since he is on the Board of Directors. Mayor McCulloch noted this is a legislative matter that would affect a broad range of businesses and therefore is appropriate for him to remain. Suggested language from staff would refer to the city retroactively waiving lease spaces; any parking spaces that were required as a condition of development approval that would not be required under the code as revised by this ordinance would be waived. Perry Thompson asked about the effect of the provision on multi-tenant buildings. Toews replied that the impacts would be considered cumulatively, i.e. the ten space exemption applies to the constructed building, not the businesses within the building. Jenks noted again her concem about degrading uptown neighborhoods. She read Mr. John Boles minority opinion letter from the Planning Commission deliberations, addressing the same concerns. She stated she agrees with the goal of preserving historic buildings and character of the down town, but any steps taken should be in harmony with preserving the uptown residential area as well. She said the right way to do this is to build a traffic circulation plan into the Comprehensive Plan and have it in place as a policy. Davidson noted that even if there were considerably more parking in the downtown area, people would still park uptown to some extent. Shoulberg agreed that the proposed solution is not a laissez-faire attitude, but that the result of the interim steps will be monitored for impacts to shifting parking to uptown and overloading streets. He stated this is not a radical proposal, but one that will encourage the promotion of the use of the downtown area and fight the trend toward moving business away from small downtowns. Keith added that he also believes that the ordinance can be revisited if problems result in the uptown areas, or if any other negative results are noted. Perry Thompson expressed support for helping the downtown situation, and noted that uptown parking is very crowded on festival weekends. Camfield shared that concern, but noted that the real problems are on exceptional weekends, like Wooden Boat Festival. She also said that the perception of no parking is not the same as the reality, and that people go to Seattle and don't think twice about walking a few blocks to their destination. She expressed her concern that revitalization of the downtown area is very important, and the problems with parking will have to be revisited sooner or later, with a parking garage, or dedicated space. She stated that as she weighs the different aspects, she views the parking ordinance as a tool, and a positive step. City Council Meeting Page 11 December 16-17, 1996 Jenks said she doesn't agree that this will not affect neighborhoods and again noted that the issue of traffic circulation must be addressed at the policy level rather than the ordinance Davidson asked for clarification of 17.30.0154 (B) regarding requirements established. Discussion from Hildt, Toews and Keith noted that if spaces are not required, but are provided voluntarily, they still must meet code criteria and that this may sometimes be the case, particularly when financing is tied to provisions for parking. Shoulberg moved that the first reading be considered the second, and the third be by title only. Davidson seconded. The motion carded by voice vote, 5-1, with Jenks opposing. Shoulberg then moved for adoption of Ordinance 2562. Davidson seconded the motion. Davidson then moved for an amendment of Section 17.30.015(c) add that for new construction within the commercial zones within the historic district, that the off street parking requirements computed shall be reduced by ten parking spaces. Shoulberg seconded the motion for amendment. Davidson noted that many other cities have dealt with revitalizing historic downtown areas by dropping off street parking requirements; in this case he said parking requirements could well inhibit economic development. He does not anticipate that parking impacts to uptown neighborhoods will be that great, and agreed that the city should do everything possible to promote the park and ride. Camfield added that in regard to the "window of opportunity" for a huge project, it is unlikely that a project so out of scale would be able to vest in three months (before new zoning code is finalized) and for that reason, can support the motion as amended. A vote was taken on the motion to amend, with four in favor, Keith and Jenks opposed. Perry Thompson then moved to amend the motion by waiving previous requirements for permit approval which would be negated by this ordinance. Toews clarified that this would not apply to fees in lieu, but only for off street parking spaces required to be created as a condition of project approval. McMahan suggested that the amendment appear in Section 17.30.240, adding a new subsection (D), providing that any off street parking spaces required as a condition of development approval under this code prior to the adoption of this ordinance, are hereby waived. Camfield seconded the motion for amendment. The motion passed with five in favor, Jenks opposing. City Council Meeting Page 12 December 16-17, 1996 There being no further discussion, roll call vote was taken on the main motion by Mr. Shoulberg to adopt Ordinance 2562. The motion passed by roll call vote with five in favor, Jenks opposed. ORDINANCE 2563 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CLASSIFICATION OF NONCHARTER CODE CITY PURSUANT TO THE OPTIONAL MUNICIPAL CODE OF THE STATE OF WASHINGTON, CHAPTER 351.02 RCW Mayor McCulloch read the ordinance by title. She noted that Port Townsend is one of the few cities in the state still operating as a Second Class City, and the optional municipal code provides for broad statutory authority; that by adopting this status, we are granted privileges enjoyed by cities of all sizes. Mr. McMahan reminded council members that since Resolution 119 had been passed, declaring Council's intention, they are irrevocably required to adopt the ordinance. Mr. Keith moved that the first reading be considered the second and the third be by title only. Ms. Camfield seconded. The motion carried unanimously by voice vote. Ms. Kolacy read the ordinance by title Mr. Davidson then moved for adoption of Ordinance 2564. Ms. Camfield seconded. After brief discussion, the motion carried unanimously by voice vote. RESOLUTION 96-154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FORMALIZING THE CITY'S INTENT TO ACCEPT CONVEYANCE OF EASEMENTS AND PROPERTY INTERESTS ASSOCIATED WITH THE LARRY SCOTT MEMORIAL TRAIL, WITHIN THE CITY LIMITS. Mr. McMahan introduced the resolution and noted that city staff has been working with the county to resolve all issues regarding the Larry Scott Trail. He noted the resolution is a statement of intent, intended to express appreciation for parties working together in good faith, and stated it will be helpful to have on the table to keep the process moving forward. He added that the County has grant funding to develop most of the trail; the city is declaring its commitment to accept ownership and responsibility at such time as all outstanding issues are resolved. The Council is not locked into doing anything. Camfield noted that the transportation committee agrees in the concept subject to all the caveats stated in the resolution. Keith then moved for adoption of Resolution 96-154. Shoulberg seconded. There was no further discussion, and the motion passed unanimously by voice vote. ORDINANCE 2564 City Council Meeting Page 13 December 16-17, 1996 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.20.030, SINGLE-FAMILY RESIDENTIAL FEES, CHAPTER 13.20, STORM WATER UTILITY SERVICE RATES, OF THE PORT TOWNSEND MUNICIPAL CODE, TO INCREASE FEE FROM $5.00 TO $5.40. Mayor McCulloch read the ordinance by title. After a brief introduction by Public Works Director, Ms. Jenks moved that the first reading be considered the second, and the third be by title only. Ms. Perry Thompson seconded and the motion carded unanimously by voice vote. Ms. Kolacy read the ordinance by rifle. Ms. Jenks moved for adoption of Ordinance 2564. Mr. Keith seconded. Ms. Jenks noted that this is the last of the ordinances reflecting increases in utility service rates She stated these increases were not undertaken lightly by Councilmembers, the City, or the Utilities Committee and stated her belief that they were completely necessary in order to maintain direct service to citizens and to keep resources for enough staff to deal with flooding, and other service associated with utility rates. The motion then carried unanimously by voice vote. PUBLIC COMMENT None COUNCILMEMBERS GENERAL DISCUSSION Mayor McCulloch asked how the Council wished to deal with reference material like that submitted by Mr. Tuohael for this meeting, as copying to council through the regular channels is costly. Options discussed were to ask the originator of the documents to make enough copies for council members or to keep the material in the Clerk's office for Council members to share. At 9:55, Mayor McCulloch declared the meeting recessed until 7:00 PM on December 17, 1996, in the Council Chambers of City Hall. Attest: pamel~ Kolacy, City Clerk ' ~"~('~'L)''''- MINUTES OF THE CONTINUED SESSION OF DECEMBER 17, 1996 City Council Meeting Page 14 December 16-17, 1996 The City Council of the City of Port Townsend met in continued session this 17th day of December, 1996, for the purpose of purpose of formulating questions regarding the proposed lease of the K.C. Nomura Building as office space for the Public Works and Building and Community Development Department, Mayor Julie McCulloch presiding. ROLL CALL Mayor McCulloch called the meeting to order at 7:08 PM. Council members present were Keith, Jenks, Perry Thompson, Davidson, and Shoulberg. Camfield was excused from the discussion of the issue. Also present were City Administrator Michael Hildt, Public Works Director Bob Wheeler, and City Clerk Pam Kolacy. Mayor McCulloch stated her recommendation that Council consider the proposal of relocating Public Works and BCD Departments together at the Nomura Building which has a little over 4,000 available square feet. The location of both departments in one location was discussed by the Council for the first time during the prior budget process, when it was felt that it would be beneficial for customer service, more consistency for citizens in development review, timeliness, and staff. The development challenges facing the city require close cooperation between the two departments, and she believes a considerable amount of time would be saved if some of the communication challenges were removed. She also noted the city is faced with leasing several spaces, including city administrator and city attorneys offices, and now a space is needed for the water quality department. Davidson then stated he doesn't question the city's need for space, but does question public perception, and whether the use of space is consistent with the Comprehensive Plan goals. Council then formulated numerous questions felt to be relevant to the decision, covering topics like grant stipulations for the building, funding resources, public participation, appropriateness of helping the Skookum organization, and what types of permits would be required. Davidson then moved that the Mayor direct staff to cease all activities related to leasing the space in the K.C. Nomura Building because it is completely inconsistent with Port Townsend's Comprehensive Plan and Land Use Map. Jenks seconded. Jenks read from the Comprehensive Plan regarding the Urban Waterfront Plan and marine- related uses. Keith noted the city is not proposing to erect or remodel, but just to occupy an existing space. Shoulberg noted he has supported activities of Skookum in the past and wanted to be clear that he did not believe voting against this proposal was in any way voting against Skookum. He asked what designation the area had on the new land use map. Davidson noted it was manufacturing of some kind, or marine-related. City Council Meeting Page 15 December 16-17, 1996 Jenks noted the city offices should remain in the civil district. A vote was then taken, with three in favor and Perry Thompson and Keith opposing. Keith then noted that he voted against the motion not because he was necessarily in favor of the concept, but because he did not feel this was the appropriate way to deal with the issue. There was no further discussion and the meeting was adjourned at 9:40 PM. Attest: Pamela Kolacy\ City Clerk City Council Meeting Page 16 December 16-17, 1996