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Home My WebLink About07061998 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 6, 1998 The City Council of the City of Port Townsend met in regular session this sixth day of July, 1998, at 6:35 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Ted Shoulberg, Ian Keith, Kathryn Jenks, Mark Welch, Forrest Rambo, Peter Badame, and Joe Finnie. PRIORITY PRESENTATION Hood Canal Coordinating Council Richard Wojt, County Commissioner Jay Watson, Port Gamble S'Klallam tribe · Request of support of Hood Canal Coordinating Committee (see New Business, Item A, for resolution) AGENDA CHANGES OR ADDITIONS · New Business -- Fire Department grant application added as Item E, requested by Mayor McCulloch · Councilmember Rambo requested moving New Business, Item D, to the Consent Agenda. It was determined the resolution had not been discussed previously and was not moved. · Councilmember Rambo stated he would like to see the source of referral on all agenda items. His request was referred to the Government Operations Committee. CONSENT AGENDA Councilmember Keith made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Shoulberg and passed unanimously by voice vote. Approval of the folloWing Bills and Claims: The following warrants were approved for payment: Warrants 63597 through 63844, $293,644.08 total. Approval Without Reading of Minutes from: · Regular session of June 15, 1998 ~ Council retreat of June 24, 1998 City Council Minutes Page 1 July 6, 1998 Approval of Resolutions: RESOLUTION NO. 98-082 A RESOLUTION AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROVIDE CERTAIN MATERIALS AND FIXTURES IN SUPPORT OF A WATER PIPE LINE CONSTRUCTION PROJECT FINANCED BY THE OWNERS OF PROPERTY IN THE ADELMA BEACH AREA Approval of Appointments: Ms. Joanna Jackson, Lodging Tax Advisory Committee -- filling unexpired term to expire November 30, 2000 Communications: Date Author Topic and Proposed Action 6-8-98 Vicki Streigner Lane Closures on the Hood Canal Bridge 6-25-98 lan Keith Retreat Outcomes Magazine Article (Scott Walker) Whale Hunting 6-6-98 Alexander Higgins Docking fees for military 6-29-98 Jefferson Co. Public Works Biosolids Composting - meeting re Kitsap Co. 6-7-98 Lowell and Lillian Tiller Public safety on Cherry Street 1998 Election Dates For information - elections and bond issues 6-23-98 David Goldsmith Lodging Tax Ordinance 7-6~98 Gary Leaf Impact of hiring freeze Public Works Staff Reports Building and Community Development Building and Community Development PUBLIC COMMENTS · Byron Ruby -- Liberty launch fees; police and fire chief process · Herb Herrington -- Flag display · John Ebner -- Comments on use of initials in public documents · Barry_ Anderson -- Support of 2% increase in lodging tax · Tim Caldwell -- Comments on elimination of funding to outside entities without dedicated funds. Support of budget priority item for supporting ferry service. City Council Minutes Page 2 duly 6, 1998 Moved to public hearings at 7:30 p.m. STANDING/AD HOC COMMITTEE REPORTS The order of committee reports on the agenda will be rotated each meeting per council request. Government Operations Committee. Councilmember Forrest Rambo No action items. Land Use. Councilmember Jenks Action from meeting of July 2, 1998: MOTION Mr. Shoulberg Direct the Land Use Committee to allow private gain, with fair compensation to the city to be considered as one of the primary reasons to allow a street vacation DIED FOR LACK OF A SECOND MOTION Mr. Rambo Remand the issue back to the Land Use Committee, i.e. continue working on it until there is something more complete. Mayor McCulloch noted this is not an action item and remanding would not be correct. MOTION SECOND VOTE Mr. Shoulberg Amend the municipal code to explicitly state all existing criteria to be used in consideration of street vacations. Mr. Finnie Motion carried 4-3 (3 in favor; Councilmembers Jenks, Keith and Shoulberg opposed; Mr. Welch abstained. Mayor McCulloch broke the tie with an affirmative vote Due to the late hour and business still ahead, Ms. Jenks dispensed with the remainder of her report on the assumption the Land Use Committee minutes would be read. At ! 1:15 p.m. Council agreed to complete the Land Use Committee report, hear Mr. Badame's Transportation Committee announcement, and quickly move through new business. Ms. Jenks read into the record two code revisions to add to item 1 of the July 2, 1998 Land Use Committee minutes, and to include the two code revisions in the package already approved by Council (SEPA process, Planning Commission, etc.) · Bed and breakfast sign placement in rights of way; · Change of maximum building size in CI-MU zone reduced to 15,000 square feet. Any City Council Minutes Page 3 July 6, 1998 building over that size will be subject to a conditional use permit. Finance Committee. Councilmember Keith No action items Transportation. Councilmember Badame Set meeting July 16, 1998, 12:00 noon Agenda: Report from Non-Motorized Committee Utilities Committee. Councilmember Shoulberg No actiOn items Parks, Recreation and Property. Councilmember Welch No action items Public Safety Committee. Councilmember Finnie No action items MAYOR'S REPORT Mayor Julie McCulloch's report was not given. STAFF REPORTS Written reports included in council communications. There were none. PUBLIC COMMENTS/QUESTIONS VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS There were none. PUBLIC HEARINGS Rosewind PUD Co-housing Association, Street Vacation LI JP96-00079 (Open Record) Planner Jeff Randall made the introduction and announced there is a significant error in the City Council Minutes Page 4 July 6, 1998 staff report. Mr. Randall said the analysis is based on 1981 Comprehensive Plan policies and should be based on 1996 Comprehensive Plan policies. He said the applicant and staff request continuance of this hearing until the next possible meeting so the error can be corrected. MOTION SECOND VOTE Mr. Shoulberg Continue the Rosewind Street Vacation hearing to July 20, 1998 Mr. Rambo Unanimous, 7 in favor Public Comments on the council's goals and policies for the 1999 budget, as established at the June 24 council retreat. MOTION SECOND VOTE Ms. Jenks Suspend rules and allow people to speak as long as they want during the budget goals and priorities hearing Mr. Rambo Unanimous, 7 in favor Public Comments on council's budget goals and priorities: · Herb Herrington: Addressed total 1999 budget funding; opposed to using Seattle CPI as standard. David Hero, representing Main Street: Opposed to cutting back funding for external community organizations. · Mary Duvall: Supports zero based budget · Bill Maxwell, speaking for Library Board: Supports increase in level of service for the library; equate library funding with other recreational services. · Mary Martin: Encouraged funding for increasing communication with citizens. Asks which CPI would be used; more time for public to review priorities. · Ken McBride: Hold the line on operating budget for 1999; more public participation should be urged. · Colby Fox: More public input should be built into budget process; supports zero based budget. · Bob Sokol: Need more information to more people regarding the budget process. Supports 4% property tax increase rather than 6%; supports pm-business, pro-commerce, i.e. supports external organizations. · John Ebner: Maintain zero based budget. · Byron Ruby: Would like city thank you to American Legion for Memorial Day ceremonies; would like water bill excused for Marvin Shields memorial. Public hearings closed at 8:25 p.m. Council discussion and response to public comments: Mr. Finnie noted for the record that most citizens who commented on the budget process have now left the proceeding. City Council Minutes Page 5 duly 6, 1998 Consensus: Set meeting to continue retreat 7 p.m. to 9 p.m. on July 13 at council chambers. The meeting recessed at 9:10 p.m. to reconvene at 9:25 p.m. and begin with unfinished business. UNFINISHED BUSINESS RESOLUTION NO. 98-083 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND REQUESTING THE LODGING TAX ADVISORY COMMITTEE TO REVIEW INCREASING THE CITY'S LODGING TAX FROM TWO PERCENT TO FOUR PERCENT MOTION Mr. Rambo SECOND Mr. Shoulberg PROPOSED AMENDMENT: Mr. Rambo Friendly Amendment not accepted SECOND TO AMENDMENT -- VOTE ON AMENDMENT -- VOTE ON MAIN MOTION -- Council adopt Resolution No. 98-083 with exclusion of the last "whereas" (third paragraph from bottom on page 2 starting "the LTAC is composed...") Paragraph -- "Now, therefore, be it resolved": change to "... imposition of an additional lodging tax of up to" 2% ...", and change the second line from the last in the same paragraph to read "... imposition of up to 2%..." by Mr. Shoulberg Mr. Finnie 4 in favor by voice vote; Councilmembers Shoulberg, Welch and Badame dissenting 6 in favor by voice vote; Councilmember Finnie dissenting. ORDINANCE NO. 2652 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, CREATING A NEW CHAPTER 3.42, ACCEPTANCE OF DONATIONS TO THE CITY, TO THE PORT TOWNSEND MUNICIPAL CODE ESTABLISHING POLICIES AND PROCEDURES FOR THE ACCEPTANCE AND ADMINISTRATION OF DONATIONS, GIFTS, DEVISES OR REQUESTS TO THE CITY The Mayor read the ordinance by title. MOTION SECOND Discussion VOTE Mr. Rambo Ordinance be remanded to the Finance Committee Ms. Jenks (For wording changes, dollar amounts and more process) Motion dies -- 3 in favor by voice vote; Councilmembers Welch, Shoulberg, City Council Minutes Page 6 duly 6, 1998 Finnie and Keith opposed Councilmember Shoulberg made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Keith and passed by voice vote, 5 in favor and 2 opposed. Ms. Kolacy again read the ordinance by title. MOTION Mr. Shoulberg SECOND Mr. Finnie FRIENDLY AMENDMENT Council adopt Ordinance No. 2652 as amended to change wording in 3.42.060, line 5 "department director shall (strike "should") first assess..." At the end of 3.42.050.A., add the sentence: "In the event a department head has reason to believe there could be appearance of impropriety, the department head should consult with the city attorney prior to accepting the donation." Friendly Amendment accepted by Councilmembers Shoulberg and Finnie Proposed Amendment: Ms. Jenks Remove words "if necessary" from the second sentence in 3.42.030 Amendment dies for lack of a second VOTE ON MAIN MOTION-- Carries 5 in favor by roll call vote; Councilmembers Jenks and Rambo opposed MOTION SECOND VOTE Mr. Keith Continue to New Business and then return to committee reports Mr. Shoulberg Defeated 4-3 (3 in favor by voice vote; Councilmembers Jenks, Finnie, Rambo and Badame opposed) Committee reports were resumed. NEW BUSINESS RESOLUTION NO. 98-084 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING THE HOOD CANAL COORDINATING COUNCIL Councilmember Keith introduced the resolution. City Council Minutes Page 7 July 6, 1998 MOTION SECOND VOTE Mr. Badame Council adopt Resolution No. 98-084 Mr. Keith Unanimous, 7 in favor by voice Vote RESOLUTION NO. 98-085 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AFFIRMING THE SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND ISSUANCE OF ANY PERMITS OR APPROVALS FOR THE SITING OF WIRELESS TELECOMMUNICATION FACILITIES MOTION SECOND VOTE Mr. Keith Council adopt Resolution No. 98-085 Mr. Shoulberg Unanimous, 7 in favor by voice vote ORDINANCE NO. 2653 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING CITY HORIZONTAL AND VERTICAL DATUMS FOR SURVEYING AND MAPPING PURPOSES, AND REPEALING AND REPLACING CHAPTER !.08, DATUM LINE AND BENCH MARKS, OF THE PORT TOWNSEND MUNICIPAL CODE The Mayor read the ordinance by title. Councilmember Keith made a motion that the first reading be considered the second and the third be by title only whiCh was seconded by COuncilmember Welch and passed unanimously by voice vote. Ms, Kolacy again read the ordinance by title. MOTION SECOND VOTE Mr. Keith Council adopt Ordinance No. 2653 Mr. Welch Unanimous, 7 in favor by roll call vote RESOLUTION NO. 98-086 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING A SUBLEASE FOR SPACE WITHIN THE PALACE HOTEL, BETWEEN COMMUNITY ENTERPRISES, INC. AND THE CITY OF PORT TOWNSEND, FOR USE OF THE SPACE BY THE PORT TOWNSEND ARTS COMMISSION FOR THE PROMOTION OF LOCAL ARTISTS, SAID LEASE FOR THE NOMINAL RENTAL AMOUNT OF $1.00 PER MONTH MOTION Mr. Shoulberg Council adopt Resolution No. 98-086 City Council Minutes Page 8 July 6, 1998 SECOND VOTE Mr. Finnie Carried -- 6 in favor by voice vote; Ms. Jenks abstained Mayor McCulloch requested: Action items placed on the agenda come through the clerk to the mayor to avoid long questioning sessions on items which are first brought up during the business meeting. RESOLUTION NO. 98-087 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO THE WASHINGTON EMERGENCY MANAGEMENT DIVISION FOR SEISMIC RETROFIT FOR THE FIRE STATION. MOTION SECOND VOTE Mr. Shoulberg Council adopt Resolution No. 98-087 Mr. Rambo Unanimous, 7 in favor by voice vote PUBLIC COMMENT There was none. ADJOURNMENT There being no further business, at 11:55 p.m., Mayor McCulloch adjourned the meeting. Attest: Pamela Kolacy City Clerk City Council Minutes Page 9 duly 6, 1998