The URL can be used to link to this page

Home My WebLink About12071998 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF DECEMBER 7, 1998 The City Council of the City of Port Townsend met in regular session this seventh day of December, 1998, at 6:30 p.m. in the Port Townsend 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. Proclamations: Introduction: INTRODUCTIONS and/or RECOGNITIONS Vera Franz, Deputy Treasurer - retirement Mary Winters, Assistant City Attorney - resignation Len Mandelbaum, new Planning Commission member PRIORITY PRESENTATION There was none. There were no changes. AGENDA CHANGES OR ADDITIONS (Excluding Consent Agenda) CONSENT AGENDA Item E moved to New Business, Item C Councilmember Welch made a motion to approve the following Rems on the Consent Agenda which was seconded by Councilmember Rambo and passed unanimously by voice vote. Approval of the following Bills and Claims: The following warrants are approved for payment: Warrant numbers 65589 through 65846, $441,942.79 total. Approval Without Reading of Minutes from: Special Meeting/Public Hearing, November 1, 1998 · City Council Special Session, November 4, 1998 · Government Operations Committee of the Whole, November 5, 1998 · Continued Minutes of the November 4th Special Session, November 9, 1998 · Committee of the Whole Workshop Meeting, November 9, 1998 Regular Session of the City Council, November 16, 1998 · Continued Session of the November 10th Meeting, November 17, 1998 · Continued Meeting of the November 16th City Council, November 19, 1998 City Council Minutes Page 1 December 7, 1998 Approval of Appointments/Reappointments: Jewel Cline Atwell, Civil Service Commission -- Term expires 12/31/01 Approval of Resolutions: RESOLUTION NO. 98-119 A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE PROPERTY USE AND DEVELOPMENT AGREEMENT FOR THE ROSEWIND PLANNED UNIT DEVELOPMENT RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH ANNE SEARS & ASSOCIATES TO ASSIST THE CITY IN RESOLVING CONTRACT AND CUSTOMER SERVICE ISSUES REGARDING SOLID WASTE Moved to New Business, Item C RESOLUTION NO. 98-120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TEMPORARY PROFESSIONAL SERVICES WITH LMN ARCHITECTS IN THE AMOUq',IT OF $9,900 FOR A STUDY OF C-II ZONING DISTRICTS RESOLUTION NO~ 98-121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING SYSTEM DEVELOPMENT CHARGE DEFERRALS FOR QUALIFIED APPLICANTS, IN ACCORDANCE WITH PTMC 13.03.110 Communications: City Council Minutes Page 2 December 7, 1998 COMMUNICATIONS - COUNCIL MEETING OF December 7, 1998 Date Author Topic Disposition 11-12-98 Habitat for Request for reduction and deferral of the site development Copied to Utility Humanity costs for properties to be developed by Habitat for Committee Humanity. 11-18-98 Donna M. Certified election results for 11-3-98 election. For information Eldridge 11-14-98 Kevin Bowen Dissatisfied with Superior Refuse Refusal. Utilities Committee 11-4-98 John Ashelle Loitering smokers in public places Information 11-15-98 Kris Mayer Stop chain businesses from building in Port Townsend. Land Use Comm. 11-15-98 Jefferson Thanks for the support given to the Farmer's Market Information County Farmer's Market 11-19-98 Trudy Dana Commendation for Officer Kristen Anderson-Post. Police Dept. 11-16-98 Lloyd Cahoon Comments on the Land Use Study Commission Draft Information Final Report. 11-25-98 Mark Beaufait Commercial Waste Compaction Rates Utilities Comm. 11-30-98 JJ and E.L. Street Vacation Policy Land Use Kircher 11-25-98 Gary Demich City of Port Townsend Gateway Improvements. Transportation 11-23-98 CC Members & Letter of Understanding regarding City Manager Information Candidates Transition. 11-29-98 John Merchant Completion of Ken Kerri Correspondence Course, Information to Mike Bartkus Operation of Waste Treatment Plants, Volume 1. 11-19-98 P. Badame Transportation Committee minutes Information PUBLIC COMMENTS Ms. Nancy Dorgan -- Keamey Street Rezone Mr. Ray Nelson-- Organizational Study Mr. Vem Garrison -- Mail-in Ballot for special city council election Ms. Nancy Ervin -- Cable franchise transfer STANDING/AD HOC COMMITTEE REPORTS City Council Minutes Page 3 December 7, 1998 Utilities Committee. Councilmember Shoulberg (No action items) Set meeting -- Monday, December 14, 1998, 9:00 a.m., City Hall Parks, Recreation and Property_. Councilmember Welch (No action items) Set meeting -- (Regular meeting) Wednesday, December 16, 1998, 1:00 p.m., Chetzemoka House Public Safety Committee. Councilmember Finnie (No action items) Set meeting -- December 9, 1998, 10:00 a.m. Government Operations Committee. Councilmember Forrest Rambo (No action items) Land Use. Councilmember Jenks (No action items) Finance Committee. Councilmember Keith (No action items) T~r. llll~qo~ltJl~. Councilmember Badame (No action items) MAYOR'S REPORT Mayor Julie McCulloch reported: Retreat/seminar for Council members and Council candidates with Stan McNutt · Thursday, January 21, 1999 from 9:00 a.m. - 3:00 p.m. · Alternate dates -- January 14 or 15 STAFF REPORTS Written reports included in council communications 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 There were none. City Council Minutes Page 4 December 7, 1998 PUBLIC HEARINGS Ao Mayor McCulloch open the hearing to consider an ordinance appropriating $15,000 to the Hotel/Motel Fund to enable Centrum to receive matching funds from the National Endowment for the Arts. Those speaking in favor: Ms. Carol Shiffman who also read a letter from Mr. Jim Farmer Ms. Leah Hammer No one spoke in opposition. ORDINANCE NO. 2668 AN ORDINANCE APPROPRIATING THE SUM OF $15,000 TO THE HOTEL/MOTEL FUND; AND AMENDING THE 1998 BUDGET; MAKING FINDINGS AND DECLARING AN EMERGENCY The first reading was November 16, 1998. Councilmember Shoulberg made a motion that the second reading be considered the third and the third be by title only which was seconded by Councilmember Keith and passed unanimously 7-0 by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Mr. Keith Council adopt Ordinance No. 2668 Mr. Shoulberg Carried unanimously, 7-0 by roll call vote Bo The Mayor then opened the public hearing to receive testimony regarding an ordinance amending Chapter 12.20, Street Vacation Procedure of the Port Townsend Municipal Code. City Attomey McMahan made the presentation. Speaking in favor: Nancy Dorgan No one spoke in opposition. ORDINANCE NO. 2671 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 12.20 STREET VACATION PR_OCEDURE, OF THE PORT TOWNSEND MUNICIPAL CODE, TO CLARIFY THE CRITERIA FOR City Council Minutes Page 5 December 7, 1998 APPROVAL OF STREET VACATION APPLICATIONS; TO ENSURE THAT STREET VACATIONS COMPLY WITH ADOPTED CITY COMPREHENSIVE AND FUNCTIONAL PLANS AND ENVIRONMENTAL CONTROLS; AND TO ENABLE PROPERTY OWNERS TO CONVEY PROPERTY TO THE CITY IN LIEU OF PAYING APPRAISED VALUE FOR VACATED RIGHTS-OF-WAY 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 Keith and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Mr. Shoulberg Council adopt Ordinance No. 2671 Ms. Jenks Carried unanimously, 7-0 by roll call vote C. The Mayor then opened the hearing for public comment on the 1999 Budget. Comments were received from Mr. Robert Greenway. Final Public Hearing on the 1999 Budget was continued to December 21, 1998, 7:00 p.m. UNFINISHED BUSINESS RESOLUTION NO. 98-122 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH JEFFERSON COUNTY PUBLIC UTILITY DISTRICT NO. 1 REGARDING THE PURCHASE OF LAND IN THE CITY AND AUTHORIZING THE FINANCE DIRECTOR TO ISSUE WARRANTS FOR THE PURCHASE OF THE LAND IN ACCORDANCE WITH THE AGREEMENT MOTION SECOND VOTE Mr. Welch Council adopt Resolution No. 98-122 Mr. Keith Carried unanimously, 7-0 by voice vote ORDINANCE NO.2670 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON ADOPTING CERTAIN AMENDMENTS TO THE NARRATWE TEXT, TABLES City Council Minutes Page 6 December 7, 1998 AND POLICIES CONTAINED IN THE LAND USE, TRANSPORTATION, CAPITAL FACILITIES & UTILITIES, AND ECONOMIC DEVELOPMENT ELEMENTS OF THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING FOUR SPECIFIC AMENDMENTS TO THE LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); ADOPTING SPECIFIC AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17 PTMC SET FORTH IN THE ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). 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. 2670 Mr. Finnie Carried unanimously, 7-0 by roll call vote RESOLUTION NO. 98-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING LUP98-07, A SITE SPECIFIC, QUASI-JUDICIAL REQUEST BY ROBERT C. HARPER TO AMEND THE COMPREHENSWE PLAN LAND USE MAP AND THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO TITLE 17 PTMC TO CHANGE THE DESIGNATION AND ZONING OF PROPERTY LOCATED AT 2611 SIMS WAY FROM M-II(A) TO C-II. MOTION SECOND VOTE Mr. Keith Council adopt Resolution No. 98-116 Mr. Finnie Carried unanimously, 7-0 by voice vote City Council Minutes Page 7 December 7, 1998 RESOLUTION NO. 98-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING LUP98-16, A SITE SPECIFIC, QUASI-JUDICIAL REQUEST BY ROGER EVANS TO AMEND POLICY 8.11 OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN, THE LAND USE MAP AND THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO TITLE 17 PTMC TO CHANGE THE DESIGNATION AND ZONING OF A 4.16 ACRE PORTION OF PROPERTY ABUTTING THE INTERSECTION OF SIMS WAY AND THE UNOPENED HOWARD STREET RIGHT-OF-WAY FROM M-C AND P/OS TO C-II. MOTION SECOND VOTE Mr. Rambo Council adopt Resolution No. 98-117 Mr. Shoulberg Carried unanimously, 7-0 by voice vote RESOLUTION NO. 98-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING LUP98-31, A SITE SPECIFIC, QUASI-JUDICIAL REQUEST BY DEBORAH HART ON BEHALF OF THE BALDRIDGE GROUP TO AMEND THE COMPREHENSIVE PLAN LAND USE MAP AND THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO TITLE 17 PTMC TO CHANGE THE DESIGNATION AND ZONING OF THE "KEY CITY LANES" PROPERTY, LOCATED AT 414 KEARNEY STREET, FROM C- II/MU TO C-II. MOTION SECOND VOTE Mr. Rambo Council adopt Resolution No. 98-118 Mr. Keith Carried 5-2 in favor by voice vote, Mr. Shoulberg and Ms. Jenks dissenting NEW BUSINESS ORDINANCE NO. 2672 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CONSENTING TO THE TRANSFER AND ASSIGNMENT BY PORT TOWNSEND CABLE TV LIMITED PARTNERSHIP OF THE FRAIqCHISE TO OPERATE A CABLE TELEVISION SYSTEM IN PORT TOWNSEND TO SUMMIT CABLEVISION L.P. AND THE SUBSEQUENT PURCHASE OF A CONTROLLING INTEREST BY MILLENNIUM DIGITAL MEDIA SYSTEMS, L.L.C The Mayor read the ordinance by title. Mr. Shoulberg made the presentation and Ms. Nancy Ervin answered questions. City Council Minutes Page 8 December 7, 1998 Councilmember Rambo made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Mr. Welch and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Ms. Nancy Ervin was present from Summit to answer questions from Councilors. MOTION Mr. Rambo Council adopt Ordinance No. 2672 as amended per Mr. McMahan's suggestion to change all abbreviated references to "L.P." to "Summit Cablevision L.P." SECOND Ms. Jenks Discussion: Mr. Vem Garrison requested a pause for public comment. Public comment: Mr. Vem Garrison VOTE Carried 6-1 in favor by roll call vote, Ms. Jenks abstaining Extra Public Comment: Ms. Lyn Hersey -- Mail-in ballot RESOLUTION NO. 98-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, REQUESTING THAT THE JEFFERSON COUNTY AUDITOR CONDUCT THE SPECIAL CITY COUNCIL ELECTION TO BE HELD THEREIN ON THE 2ND DAY OF FEBRUARY, 1999, BY MAIL BALLOT, IN ACCORDANCE WITH RCW 29.36.12 MOTION SECOND VOTE Mr. Keith Council adopt Resolution No. 98-123 Mr. Welch Carried 6-1 by voice vote, Mr. Rambo opposed RESOLUTION NO. 98-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH ANNE SEARS & ASSOCIATES TO ASSIST THE CITY IN RESOLVING CONTRACT AND CUSTOMER SERVICE ISSUES REGARDING SOLID WASTE Moved from Consent Agenda City Council Minutes Page 9 December 7, 1998 Mr. Rambo pointed out that Ms. Sears is the spouse of Rob Sears, Building Official. Mr. McMahan noted that the issue was in compliance with the city's personnel policies. In the future, relationships will be disclosed by memo. MOTION SECOND VOTE Mr. Rambo Council adopt Resolution No. 98-124 Mr. Welch Carried unanimously, 7-0 by voice vote PUBLIC COMMENT Mr. Geoff Masci -- Mail-in ballots Mayor McCulloch recessed the meeting at 9:20 p.m. and reconvened it at 9:30 p.m. COUNCILMEMBERS GENERAL DISCUSSION · Budget meeting continued to Tuesday, December 8, 8:45 a.m. to 12:00 Noon. Ms. Jenks wishes to be excused. · LTAC · Facilities · Finance · List · Organizational Study -- Ms. Jenks indicated there needs to be discussion There was none. EXECUTIVE SESSION ADJOURNMENT There being no further business, at 10:30 p.m., Mayor McCulloch adjourned the meeting. Attest: Pamela Kolacy City Clerk City Council Minutes Page 10 December 7, 1998