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Home My WebLink About06151998 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 15, 1998 The City Council of the City of Port Townsend met in regular session this 15th day of June, 1998, at 6:35 p.m. in the Port Townsend Community Center, 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. Also present were City Clerk Pam Kolacy, City Attorney Tim McMahan, and City Administrator Michael Hildt. AGENDA CHANGES OR ADDITIONS · New Business -- moved Item J to Item A. Requested by Councilmember Shoulberg, due to pressing nature of the business. · Consent Agenda -- Item D removed. Only bid received; in great excess of estimates. CONSENT AGENDA MOTION SECOND VOTE Mr. Shoulberg Approve the following items on the Consent Agenda with the removal of Item D Mr. Keith Unanimous -- 7 in favor Approval of the following Bills and Claims: The following vouchers/warrants are approved for payment: Voucher/Warrant numbers 63386 through 63593, $268,905.44 total. Approval Without Reading of Minutes from: Approval without reading of minutes from the regular session of June 1, 1998. Approval of Resolutions: RESOLUTION NO. 98-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH PHILIP "WICK" DUFFORD AS HEARING EXAMINER FOR TWO YEARS, FROM JULY 15, 1998 TO JULY 15, 2000 City Council Minutes Page 1 June 15,1998 RESOLUTION NO. 98- RESOLUTION AWARDING BID FOR SHERIDAN STREET PROJECT PEDESTRIAN Removed from the agenda -- Bid was not awarded; only bid received and far in excess of engineering estimates. Communications: Date Author Topic and Proposed Action 5-26-98 Dana Roberts Diverse Planning matters 6-4-98 Jack Guiher U.S. Navy request for waiver of docking fees 6-8-98 J. and C. Mathias Waterman-Katz heating/cooling units 6-10-98 M. Hildt Financial Background for Council Budget Retreat Public Works City Clerk Staff Reports Fire Department City Administrator City Attorney PUBLIC COMMENTS Mary. Duvall: Display of flag at city hall. Tamara Conway: Swimming pool. Presented petition to City Clerk. Would like to extend hours. · Dyrk Lansdon: Council-manager type of government. · Mary. Martin: Public Works organizational study. · Vem Qarrison: Waterman Katz Building -- presented letter. · A1 Youse: Waive fees for liberty launch from USS Camden; swimming pool management. · Herb Herring: Liberty launch fees. · Ken McBride: State of the City Report. · Bob Sokol: Liberty launch fees. · Colby Fox: Waterman Katz. · Council responses City Council Minutes Page 2 June 15,1998 At 7:40 p.m. the meeting proceeded to Public Heatings. STANDING/AD HOC COMMITTEE REPORTS Government Operations Committee. Councilmember Forrest Rambo Action: Meeting postponed Set meeting -- Thursday, July 2, 1998 Land Use. Councilmember Jenks Action: · Request approval to develop an RFP for a consultant to develop a cell tower siting ordinance; requested approval for formation of an ad hoc Council Committee consisting of representatives from the Planning Commission and Historic Preservation Committee, Councilmembers Welch and Jenks, and citizens, to work with staff and consultant to first develop policy direction for an ordinance. CONSENSUS to approve. MOTION SECOND Mr. Shoulberg Mr. Finnie Bring forward a sign code amendment for bed and breakfast signs in public rights-of-way MOTION Ms. Jenks SECOND Mr. Keith Council accept the Land Use Committee's recommendation to have an RFP disseminated regarding design criteria leading to implementation of mandatory design standards in the C-II district for projects that meet certain size criteria Ms. Jenks gave a minority report asking Council's advice on changing the zoning code as part of a package of code amendments to reduce the maximum building size from 75,000 square feet to a lesser size, and indicated she would like a decision at some time. Finance Committee. Councilmember Keith MOTION Mr. Keith Council include $500 for telecommunications consultant in the supplemental budget SECOND Mr. Welch City Council Minutes Page 3 dune 15,1998 Transportation. Councilmember Badame Special meeting -- July 2, 1998, 1:00 a.m. Agenda: Address Haines and Sims Way Utilities Committee. Councilmember Shoulberg No action items Parks, Recreation and Property_. Councilmember Welch No action items MOTION Mr. Shoulberg SECOND Mr. Finnie FRIENDLY AMENDMENT: Mr. Badame Concurred: The Parks Committee consider the subject of waiving or reducing fees for U.S. military services use of the Union Wharf facility Change "Union Wharf" to "city-owned moorage facilities" Mr Shoulberg and Mr. Finnie Public Safety_ Committee. Councilmember Finnie Set meeting -- June 23, 1998, noon VOTES on the preceding motions held until after Public Comment. There was no Mayor's report. MAYOR'S REPORT STAFF REPORTS Written reports are included in council communications. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. City Council Minutes Page 4 June 15,1998 ~ Don Fristoe: Union Wharf fees · A1 Youse: Council meeting process VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS MOTION SECOND VOTE Mr. Shoulberg Bring forward a sign code amendment for bed and breakfast signs in public rights-of-way Mr. Finnie 6 in favor by voice vote -- Councilmember Badame opposed MOTION SECOND VOTE Ms. Jenks Council accept the Land Use Committee's recommendation to have an RFP disseminated regarding design criteria leading to implementation of mandatory design standards in the C-II district for projects that meet certain size criteria Mr. Keith 5 in favor by voice vote -- Councilmembers Shoulberg and Rambo opposed MOTION SECOND VOTE Mr. Keith Council include $500 for telecommunications consultant in the supplemental budget Mr. Welch Unanimous, 7 in favor by voice vote MOTION SECOND VOTE Mr. Shoulberg The Parks Committee consider the subject of waiving or reducing fees for U.S. military services use of city-owned moorage facilities Mr. Finnie Unanimous, 7 in favor by voice vote PUBLIC HEARINGS At 7:40 p.m., Mayor McCulloch opened the public hearings. A. Comprehensive Plan Amendment (Open-Record) Mr. Freeland made the introduction and referred recommendations. to the Planning Commission City Council Minutes Page 5 June 15,1998 The Council asked questions and requested clarifications. Public Comment: At 7:50 p.m. the Mayor opened the meeting for Public Comment with the following responses: Rennie Bergstrom: CII/MU mixed use land designation reconsideration -- supports putting on the docket. Denny LaVigne: Distributed copies of his statement supporting the CII/MU mixed use land designation reconsideration. Lloyd Cahoon: Spoke regarding the Port of Port Townsend proposals not recommended by the Planning Commission and presented a letter for the public file. David Fischer: Spoke regarding proposed amendment to Land Use Policy 7.14 to allow low impact businesses in residential areas. The Public Heating closed at 8:45 p.m. It was determined there was no one present to speak regarding the cell tower moratorium and Council went into deliberation of the docket for Comprehensive Plan amendments. MOTION Ms. Jenks SECOND Mr. Shoulberg FRIENDLY AMENDMENT: Mr. Finnie Concurred: VOTE Council place on the docket of proposals to amend the Comprehensive Plan the items recommended by the Planning Commission in the June 10th memo, Items C, 1-9. Include proposal by Phyl Speser, Item B Ms. Jenks and Mr. Shoulberg Unanimous as amended -- 7 in favor by voice vote MOTION SECOND VOTE Mr. Keith Include D-7, request from the Port, to add the topic of policy addressing the Endangered Species Act to the docket. Mr. Finnie Unanimous -- 7 in favor by voice vote Councilmember Rambo noted he will voluntarily limit participation to exclude himself from any discussion of items including Point Hudson (item 8) due to his business interest. MOTION SECOND Discussion Mr. Welch D-3 and D-4 be put forward on the docket. Mr. Rambo Questions were raised regarding the wisdom of supporting specific projects rather than legislative policy. Mr. Welch clarified the motion to state that his intention is to address policy issues rather than support specific issues put forward. Mr. Badame City Council Minutes Page 6 dune 15,1998 VOTE felt the intent of the proposal could not be expanded. Motion defeated by voice vote 4-3, with Councilmembers Shoulberg and Jenks opposed Keith, Badame, MOTION Mr. Shoulberg Include D-4 on the docket. SECOND Mr. Badame Discussion followed VOTE Carried by voice vote -- 5 in favor, Councilmembers Jenks and Badame opposed MOTION SECOND VOTE Mr. Badame Include item D-10 on the docket for consideration. Ms. Jenks Unanimous, 7 in favor by voice vote MOTION SECOND Discussion VOTE Mr. Rambo Accept Items A-1 through A-5 (Section A of Planning Commission transmittal letter of June 10, 1998) as mapping errors to be corrected Mr. Shoulberg Ms. Jenks requested a property description before voting to correct number 4. Carried as stands by voice vote -- 6 in favor, Ms. Jenks opposed There were no further issues regarding the Comprehensive Plan docket and the meeting recessed at 9:50 p.m. until 10:00 p.m. B. Cell Tower Siting Moratodum (Open-Record) Mr. Tim McMahan made the introduction and at 10:02 p.m. Mayor McCulloch opened the public hearing. There was no one speaking in favor, and Mr. Bart Phillips was the only person speaking against the moratorium. The public hearing closed at 10:08 p.m. MOTION SECOND Discussion VOTE Mr. Rambo Affirm and continue the moratorium created by ordinance 2638 and direct staff to prepare findings to bring before council at a future meeting Mr. Keith It was noted that the primary purpose of the moratorium is to create a climate during which council can develop a good ordinance. Unanimous -- 7 in favor by voice vote City Council Minutes Page 7 June 15,1998 UNFINISHED BUSINESS There was none. NEW BUSINESS RESOLUTION NO. 98-076 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH FINANCIAL CONSULTING SOLUTIONS GROUP, INC. TO CONDUCT AN ORGANIZATIONAL STUDY OF THE CITY'S PUBLIC WORKS DEPARTMENT. Mr. Keith explained the resolution and noted the unanimous recommendation for approval by the Finance Committee. Suggested change to the Scope of Services (Attachment 1, page 3), · Task 7 - Reports and Presentations: "will be available for formal briefings with the City Council, the Mayor and the Public Works Director" · Project manager -- Pam Kolacy MOTION SECOND VOTE Mr. Shoulberg Council adopt Resolution No. 98-076 with amended Scope of Services (Attachment 1, page 3) Mr. Keith Unanimous, 7 in favor by voice vote RESOLUTION NO. 98-077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE THE PEG ACCESS COORDINATOR AGREEMENT BETWEEN THE CITY AND CONSULTANT WILLIAM T. MOFFAT, FOR ONE YEAR EFFECTIVE JUNE 22, 1998 Mr. Welch explained the two resolutions noting changes in the contracts as follows: page 9, #17, insert "After acceptance of the work by the City, for 90 days after the conclusion of the Contract" in the second sentence; also addition of a final sentence in #17 stating: "Provided, however, that in the case of video production, upon "acceptance" by the City, as defined in studio operating rules, Consultant shall have no remaining responsibility or liability for the production." A second paragraph was also added to #19 stating: "Notwithstanding the foregoing, the City agrees to the following limited indemnification of the consultant: the City shall defend, indemnify and hold the Consultant harmless from and against anyfirst amendment claim or lawsuit, including defense costs and legal fees, arising out of the Consultant's administration of City policy." He explained the changes will indemnify consultants narrowly for first amendment issues only.. City Council Minutes Page 8 June 15,1998 RESOLUTION NO. 98-078 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE THE PEG ACCESS COORDINATOR AGREEMENT BETWEEN THE CITY AND CONSULTANT J. GARY LEMONS, FOR ONE YEAR EFFECTIVE JUNE 22, 1998 MOTION SECOND VOTE Mr. Welch Council adopt Resolutions No. 98-077 and No. 98-078 amended Ms. Jenks Unanimous, 7 in favor by voice vote as ORDINANCE NO. 2649 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING AND UPDATING CHAPTER 16.04, BUILDING CODE, OF THE PORT TOWNSEND MUNICIPAL CODE, TO INCORPORATE 1997 UNIFORM BUILDING CODE AND WASHINGTON ADMINISTRATIVE CODE CHANGES 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 Jenks and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Mr. Keith Council adopt Ordinance No. 2649 as amended to delete Section 1(b)(3) Oil derricks Ms. Jenks Unanimous, 7 in favor by roll call vote RESOLUTION NO. 98-079 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND EXTENDING THE EXPIRATION DATE FOR RESOLUTION NO. 98-003, IMPOSING A MORATORIUM UPON ACCEPTANCE AND CONSIDERATION OF STREET VACATION APPLICATIONS MOTION SECOND VOTE Ms. Jenks Council adopt Resolution No. 98-079 Mr. Keith Unanimous, 7 in favor by voice vote City Council Minutes Page 9 June 15,1998 ORDINANCE NO. 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 BEQUESTS TO THE CITY Held until next meeting. (Consensus) ORDINANCE NO. 2650 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 2.14.050, FUNCTION AND JURISDICTION, CHAPTER 2.14, HEARING EXAMINER, OF THE PORT TOWNSEND MUNICIPAL CODE, TO EXPAND THE SCOPE OF MATTERS REFERRED TO THE EXAMINER IN ACCORDANCE WITH PTMC 20.01.045 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 Jenks and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Ms. Jenks Council adopt Ordinance No. 2650 Ms. Keith Unanimous, 7 in favor by roll call vote ORDINANCE NO. 2651 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PERTAIIqING TO CHAPTER 20.01, LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES, AMENDING SECTIONS 20.01.030, 20.01.040, 20.01.220, AND 20.01.270; AND CREATING A NEW SECTION 20.01.045; SPECIAL APPOINTMENT OF HEARING EXAMINER-SCOPE OF AUTHORITY, AND CREATING A NEW SECTION 20.01.235, HEARING EXAMINER REVIEW AND DECISION (TYPE III PTMC 20.01.045), OF THE PORT TOWNSEND MUNICIPAL CODE, TO AUTHORIZE THE HEARING EXAMINER TO CONDUCT HEARINGS AND MAKE FINAL DECISIONS REGARDING LAND USE PERMIT APPLICATIONS INVOLVING POTENTIAL APPEARANCE OF FAIRNESS CONCERNS AND MATTERS INVOLVING COMPLEX PROJECTS REQUIRING SPECIAL EXPERTISE; AND AMENDING PTMC 20.01.330 TO CLARIFY APPLICABILITY OF CHAPTER 20.01 PTMC TO ALL LAND USE PERMIT APPLICATION PROCEDURES City Council Minutes Page 10 June 15,1998 The Mayor read the ordinance by title. 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 Jenks and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Mr. Shoulberg Council adopt Ordinance No. 2651 Mr. Keith Unanimous, 7 in favor by roll call vote RESOLUTION NO. 98-080 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND REFERRING THE WATERMAN & KATZ SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION, LUP 98-00043, TO THE PORT TOWNSEND HEARING EXAMINER IN ACCORDANCE WITH PTMC 20.01.045 MOTION SECOND VOTE Ms. Jenks Council adopt Resolution No. 98-080 Mr. Keith Unanimous, 7 in favor by voice vote RESOLUTION NO. 98-081 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND REFERRING THE CANNERY SUBSTANTIAL DEVELOPMENT/CUP/ESA PERMIT APPLICATION, LUP 98-03, TO THE PORT TOWNSEND HEARING EXAMINER IN ACCORDANCE WITH PTMC 20.01.045 MOTION SECOND VOTE Mr. Keith Council adopt Resolution No. 98-081 Ms. Jenks Unanimous, 7 in favor by voice vote RESOLUTION NO. 98-082 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 SECOND Mr. Shoulberg Council adopt Resolution No. 98-082 Mr. Keith City Council Minutes Page 11 June 15,1998 Proposed Amendment: Mr. Shoulberg Make additional "45" days "90" days. Have LTAC assist with conceptual spending. Discussion: Mr. Rambo suggested deleting two pages of thc ordinance stating this does not represent the views of the entire City Council. MOTION TO AMEND Mr. Rambo Delete two pages of the ordinance. SECOND TO AMEND Mr. Badame MOTION TO AMEND WITHDRAWN: Mr. Rambo MOTION SECOND VOTE Mr. Badame Postpone discussion to a date certain (July 6) Mr. Rambo Carried by voice vote -- 5 in favor, Councilmembers Welch and Shoulberg opposed The statement was made it needs to be decided whether or not to present the Council's policy to the County before their heating on the new lodging tax. MOTION Mr. Badame SECOND Mr. Finnie MOTION TO AMEND: Mr. Shoulberg Concurred: Mr. Badame and AMENDED MOTION: VOTE Send a letter to the County explaining the City's desire, if possible to be excluded from the taxing area. To say "concurrent with the recognized legal opinion" agreeing they can redraw the taxing district on geographic lines (i.e., clarify "if possible") Mr. Finnie City send a letter to the county commissioners asking for the city to be removed from consideration regarding the increase in the lodging tax from 2 percent to 4 percent based upon recognized legal authority (state prosecutor or attorney genera0. 4 in favor by voice vote -- Councilmembers Shoulberg and Keith opposed; Councilmember Jenks abstained Al Youse: Heaxing examiner PUBLIC COMMENT City Council Minutes Page 12 June 15,1998 COUNCILMEMBERS GENERAL DISCUSSION Council Retreat Agenda June 24, 1998. Mr. Shoulberg will design an agenda for distribution. ADJOURNMENT There being no further business, at 1:55 a.m, Mayor McCullOch adjourned the meeting. Attest: Pamela Kolacy City Clerk City Council Minutes Page 13 June 15,1998