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HomeMy WebLinkAbout05181998 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 18, 1998 The City Council of the City of Port Townsend met in regular session this 18th day of May, 1998, at 6:30 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 Administrator Michael Hildt, City Attorney Timothy McMahan, Public Works Director Bob Wheeler, and City Engineer Dave Peterson. INTRODUCTIONS and/or RECOGNITIONS Mr. Nik Worden, newly appointed to the Planning Commission, was introduced. AGENDA CHANGES OR ADDITIONS Added to Unfinished Business, Item C: Sign Code, requested by Councilmember Keith MOTION Mr. Shoulberg Remove Item D from New Business and return it to the Utilities Committee for discussion SECOND Mr. Welch MOTION WITHDRAWN pending discussion under New Business Move Item E of the Consent Agenda to Item F under New Business, requested by Mr. Rambo CONSENT AGENDA Councilmember Welch made a motion to approve the following items on the Consent Agenda as amended which was seconded by Councilmember Keith and passed unanimously by voice vote. Approval of the following Bills and Claims: The following vouchers/warrants are approved for payment: Voucher/Warrant numbers 63006 through 63204, $224,347.14 total expenditures. Approval Without Reading of Minutes from: Regular session -- May 4, 1998 Committee of the Whole -- March 23, 1998 and April 8, 1998 Approval of Resolution: City Council Minutes Page 1 May 18, 1998 RESOLUTION NO. 98-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ADOPTING A FLEXIBLE BENEFITS PLAN AND AUTHORIZING THE MAYOR TO EXECUTE THE ADOPTION AGREEMENT Approval of Reappointments: Ms. Lois Sherwood to the Planning Commission, term to expire December 31,2001 Approval of Resolutions: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR A STREET VACATION Moved to New Business RESOLUTION NO. 98-063 A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE PROPERTY USE AND DEVELOPMENT AGREEMENT FOR THE ROSEWIND PLANNED UNIT DEVELOPMENT RESOLUTION NO. 98-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO ADVERTISE AND BID FOR THE CONSTRUCTION OF THE WALKER STREET SIDEWALK PROJECT. RESOLUTION NO. 98-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH ALL-PURE CHEMICAL COMPANY TO PROVIDE CHLORINE GAS FOR THE CITY OF PORT TOWNSEND. RESOLUTION NO. 98-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH VAN WATERS & ROGERS, INC. TO PROVIDE SODIUM HYDROXIDE 50% (CAUSTIC SODA) FOR THE CITY OF PORT TOWNSEND. RESOLUTION NO. 98-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH City Council Minutes Page 2 May 18, 1998 JONES CHEMICALS, INC. TO PROVIDE SODIUM HYPOCHLORITE FOR THE CITY OF PORT TOWNSEND. RESOLUTION NO. 98-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND TO DIRECT STAFF TO SETTLE FUTURE CHANGE ORDERS UP TO $5,000.00 FOR ANY SINGLE CHANGE, AND UP TO A TOTAL OF $25,000.00 FOR ALL CHANGES COMBINED, TO THE IMCO CONSTRUCTION COMPANY CONTRACT FOR THE CONSTRUCTION OF THE CT WATER PIPELINE. Communications: Date Author Topic and Proposed Action 4-21-98 Board of Co. Commissioners Proposed lodging tax increase 4-30-98 B. and M. Anderson Comp. Plan revisions - tier services concept (ref. to BCD) 5-4-98 F. Shomer Sign illumination 5-8-98 T. Shoulberg to K. Fabray Interlocal Agreement - Solid Waste. Comments 5-4-98 B. Phillips to K. Jenks Cell Tower Moratorium Undated J. Tuohael Newspaper clippings - initiative process Public Works Fire Department Staff Reports City Administrator Building & Comm. Development City Attorney PUBLIC COMMENTS David McCulloch. Urged passage of the Non-motorized Transportation Plan. STANDING/AD HOC COMMITTEE REPORTS Government Operations Committee. Councilmember Forrest Rambo MOTION Mr. Badame Council adopt the second and fourth Mondays of each month as regularly scheduled meeting time for public hearings and City Council Minutes Page 3 May 18, 1998 SECOND Discussion committee of the whole meetings and to remove public hearings from the regularly scheduled meetings on the first and third Mondays of the month. Mr. Rambo Ms. Jenks noted that at the committee meeting the recommendation carded a 2-1 vote and she opposed the suggestion. MOTION Ms. Jenks Motion Called out of order Postpone to the next council meeting and solicit staff input about impact. MOTION VOTE Suspend the rules and continue the discussion 6-1, Mr. Keith dissenting MOTION WITHDRAWN Pending feedback from staff regarding impact on workload. By Mr. Badame; Agreed to by Mr. Rambo The Mayor requests definition of public hearing. Land Use. Councilmember Jenks · BCD will draft a letter regarding sign illumination ( lighting placed above or below signs) in response to letter from Mr. Shomer (see communications). Finance Committee. Councilmember Keith Set meeting -- May 26, 1998, Noon, Mayor's Office Agenda: Protection of the pasture discussion; continued work on the 1999 budget; discussion clarifying council's financial policies Transportation. Councilmember Badame. · Recommendation to adopt Walker Street sidewalks and Madison Street parking. Set meeting -- May 20, 1998, 3:00 p.m., Pope Marine Building Agenda: 6-year Transportation Plan Utilities Committee. Councilmember Shoulberg · Request City Attorney to meet with County Prosecutor to discuss legal issues related to solid waste disposal district. Parks, Recreation and Property_. Councilmember Welch Set meeting -- May 20, 1998, Noon, Chetzemoka House Agenda: Union Wharf, IAC, Boy Scout fee waivers, 35th Street Park ball field City Council Minutes Page 4 May 18, 1998 PEG Access Advisory_ Committee. Councilmember Welch · Hope to have contract for Coordinator at next meeting. · Request from KSER (Public Radio Station) MOTION Mr. Shoulberg Council provide a letter of support to KSER Radio in support of locating a translator in Port Townsend which will allow them to rebroadcast their signal without interference from a Canadian station. SECOND Mr. Welch VOTE Held until after Public Comment Public Safety_ Committee. Councilmember Finnie Set meeting -- May 19, 1998, 1:00 p.m., Pope Marine Building LTAC Committee. Councilmember Shoulberg · County implementing additional 2% increase in lodging tax. City must also enact tax to receive share of the tax. City Attorney will discuss with the County Prosecutor. Water Resources Council. Councilmember Keith · Bill 2514 provides some state money for doing watershed planning. Add to council members general discussion at next meeting. Mr. Keith to discuss proceedings and process of Water Resources Council. MOTION Ms. Jenks SECOND VOTE Council give its full support to joint resolution in the matter of watershed planning for WRIA 17 per ESHB2514, Laws of 1998. Mr. Keith Held until after Public Comment Public Works Organizational Study. Councilmember Shoulberg Set meeting -- May 20, 1998, 9:00 a.m., Mayor's Office -- Utilities Committee Mayor Julie McCulloch reported: · · · · MAYOR'S REPORT AWC Conference County Comprehensive Plan Joint Steering Committee meeting at noon Wednesday, May 20 (Mayor's Office) Ichikawa visit STAFF REPORTS *See Written Reports listed in Council Communications City Council Minutes Page 5 May 18, 1998 PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. John Ebner -- Commented on the police facility. Mr. Dana Roberts -- Commented on the Water Resources Council. Asked for support and to retain focus of salmon policy management within the broad context of watershed management.. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS MOTION SECOND VOTE Mr. Shoulberg Council provide a letter of support to KSER Radio in support of locating a translator in Port Townsend which will allow them to rebroadcast their signal without interference from a Canadian Station. Mr. Welch Carried unanimously by voice vote MOTION SECOND VOTE Ms. Jenks Council give its full support to joint resolution in the matter of watershed planning for WRIA 17 per ESHB2514, Laws of 1998. Mr. Keith Carried unanimously by voice vote PUBLIC HEARINGS -- There were none. At 9:25 p.m. the Mayor declared the meeting recessed for 10 minutes and reconvened the meeting at 9:35 p.m. UNFINISHED BUSINESS ORDINANCE NO. 2641 AN ORDINANCE APPROPRIATING THE SUM OF $144,541 TO THE CURRENT EXPENSE FUND; AND AMENDING THE 1998 BUDGET; AND AUTHORIZING AN INTERFUND LOAN IN THE AMOUNT OF $140,000 FROM THE EQUIPMENT RENTAL FUND TO THE CURRENT EXPENSE FUND AND PROVIDING FOR THE REPAYMENT OF PRINCIPAL AND INTEREST; MAKING FINDINGS AND DECLARING AN EMERGENCY. Read for the first time May 4, 1998. Councilmember Keith made a motion that the third reading be by title only which was seconded by Councilmember Finnie and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. City Council Minutes Page 6 May 18, 1998 Councilmember Rambo made a motion that the Council adopt Ordinance No. 2641 which was seconded by Councilmember Keith and passed by roll call vote with six in favor, Councilmember Jenks opposed. Ms. Jenks stated for the record she did not mean to vote no, that she thought this was a different ordinance. ORDINANCE NO. 2642 AN ORDINANCE APPROPRIATING THE SUM OF $405,000 TO THE WATER- SEWER FUND AND THE SUM OF $61,000 TO THE STORM AND SURFACE WATER FUND; AND AMENDING THE 1998 BUDGET; MAKING FINDINGS AND DECLARING AN EMERGENCY. MAYOR MCCULLOCH READS FOR THE FIRST TIME. Slated for action at next meeting. Discussion of sign ordinance amendment. Ms. Jenks noted the QFC letter of October 6, 1997, which states that the company understands the present provisions of the sign code and requests a change in the code to accommodate their desired sign. MOTION SECOND VOTE Mr. Keith Council direct staff to prepare an ordinance which would delete the reference in the sign code to canopy signs or signs mounted on a marquee (not higher than nearby roof) but retain the increased sign height of 28 feet for buildings 29,000 square feet or larger. Mr. Rambo Carried 5-2, Councilmembers Badame and Jenks opposed NEW BUSINESS RESOLUTION NO. 98- 069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE REFERRAL TO THE QUALIFIED ELECTORS OF THE CITY AT THE SPECIAL ELECTION TO BE HELD THEREIN ON THE 15TH DAY OF SEPTEMBER, 1998, OF THE PROPOSITION OF WHETHER THE PRESENT MAYOR-COUNCIL PLAN OF GOVERNMENT UNDER WHICH THE CITY OPERATES SHOULD BE ABANDONED, AND THE COUNCIL-MANAGER PLAN OF GOVERNMENT UNDER THE PROVISIONS OF CHAPTER 35A. 13 RCW SHOULD BE ADOPTED IN ITS PLACE MOTION SECOND VOTE MS. JENKS Council adopt Resolution No. 98-069 MR. KEITH Carried 7-0, unanimously City Council Minutes Page 7 May 18, 1998 ORDINANCE NO. 2643 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE CITY OF PORT TOWNSEND NON-MOTORIZED TRANSPORTATION PLAN AND ESTABLISHING AN EFFECTIVE DATE The Mayor read the ordinance by title. Councilmember Finnie 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. MOTION SECOND VOTE MR. FINNIE Council adopt Ordinance No. 2643 MR. BADAME Carried unanimously, 7-0, by roll call vote. ORDINANCE NO. 2644 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 2.38.020, COMPOSITION OF BOARD, CHAPTER 2.38, COMMUNITY ORIENTED POLICING ADVISORY BOARD OF THE PORT TOWNSEND MUNICIPAL CODE, TO GIVE GREATER FLEXIBILITY IN THE CITY RESIDENCY AND OTHER MEMBERSHIP REQUIREMENTS OF BOARD MEMBERS AND TO BE CONSISTENT WITH REVISED COPAB BYLAWS The Mayor read the ordinance by title. MOTION SECOND VOTE Mr. Rambo Strike "and to be consistent with revised COPAB bylaws" from the title. Mr. Finnie Failed 4-3, Couneilmembers Keith, Jenks, Welch and Shoulberg opposed Councilmember Badame made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Finnie and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Mr. Badame Council adopt Ordinance No. 2644 as amended, striking language in item D page 2, "a high school age resident of the city and" Mr. Finnie Carried 6-1, Councilmember Rambo opposed City Council Minutes Page 8 May 18, 1998 ORDINANCE NO. 2645 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADDING A NEW SUBSECTION TO SECTION 5.84.030, TAX IMPOSED, CHAPTER 5.84, UTILITY BUSINESS TAX, OF THE PORT TOWNSEND MUNICIPAL CODE, TO ESTABLISH A BUSINESS AND OCCUPATION TAX LEVIED ON THE CITY'S SOLID WASTE UTILITY AND ESTABLISHING AN EFFECTIVE DATE 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 Adopt Ordinance No. 2645 Mr. Finnie Carried 5 in favor, Councilmember Shoulberg opposed, and Councilmember Jenks abstaining ORDINANCE NO. 2646 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 10.04.190, TWO-HOUR PARKING LIMIT, CHAPTER 10.04, PARKING, OF THE PORT TOWNSEND MUNICIPAL CODE, CHANGING PARKING LIMITATIONS FOR MADISON STREET, BETWEEN WATER STREET AND WASHINGTON STREET FROM 24-HOUR TO TWO-HOUR PARKING The Mayor read the ordinance by title. 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 Welch and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Ms. Jenks Council adopt Ordinance No. 2646 Mr. Rambo Carried unanimously, 7-0, by roll call vote RESOLUTION NO. 98-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR A STREET VACATION Moved from the Consent Agenda City Council Minutes Page 9 May 18, 1998 Mr. Rambo stated he had removed the item from the consent agenda, hoping to schedule the hearing on an alternate Monday, but will wait for full council vote on alternate Monday public hearings. MOTION Mr. Rambo SECOND Mr. Welch Adopt Resolution 97-070 Discussion:Councilmember Jenks questioned whether this application was affected by the street vacation moratorium. The City Attorney explained this request was vested before the moratorium. VOTE Motion carried unanimously, 7-0, by roll call vote. PUBLIC COMMENT There was none. COUNCILMEMBERS GENERAL DISCUSSION · Street vacation policy. · Workshop. · Utilities Committee Meeting set Thursday, May 28, 1998, 12:30 - 2:00 p.m., Public Works. · Street vacation policy referred to the Land Use Committee. Will prepare a discussion draft. ADJOURNMENT There being no further business, at 11:10 p.m., Mayor McCull°ch adjourned the meeting. Attest: Pamela Kolacy City Clerk City Council Minutes Page 10 May 18, 1998