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Home My WebLink About02011999 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 1, 1999 The City Council of the City of Port Townsend met in regular session this first day of February, 1999, at 6:35 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 Rainbo, Peter Badame, and Joe Finnie. Also present were City Administrator Stan McNutt, City Attorney Tim McMahan, Public Works Director Bob Wheeler. INTRODUCTIONS and/or RECOGNITIONS Introduction of Mr. David Nelson, appointed to the Community Oriented Policing Advisory Board PRIORITY PRESENTATION Sister City_ Visit. -- High School students reported on their trip to Japan; Principal Arcella Hall presented a gift to Mayor McCulloch and the City Council of Port Townsend on behalf of the City of Ichikawa Puget Sound Energy Agreement Study by Mr. Bob Schneider Mr. Rambo noted he has a previous business association with Mr. Schneider. After the presentation, Mr. Schneider answered several questions from council members. AGENDA CHANGES OR ADDITIONS (Excluding Consent Agenda) An executive session is scheduled regarding personnel matters with probable action following. Mr. Rambo requested moving New Business, Item H, regarding compensation for the mayor and council, forward to the Government Operations Committee report for discussion. CONSENT AGENDA Councilmember Rambo made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Welch and passed unanimously by voice vote. Approval of the following Bills and Claims: The following warrants are approved for payment: City Council Minutes Page 1 February 1.1999 · Warrant numbers 66243 through 66545 dated January 19, January 21 and January 29, 1999, total $204,956.91. · Warrant numbers 66338 through 66380 dated 1998, total $21,286.63. Approval Without Reading of Minutes from: · Regular City Council meeting of January 19, 1999 · Special City Council meeting of January 21, 1999 Confirmation of Appointments/Reappointments: To the Planning Commission -- · Appointment of Ms. Christine Ota, filling unexpired term to expire 12/31/2000 · Reappointment ofKaren Erickson, term to expire 12/31/2002 Approval of Resolutions: RESOLUTION NO. 99-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT OF FUNDS FOR A LOAN OF COMMLqNITY REDEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 88-58 OF THE CITY OF PORT TOWNSEND, Applicants: Barbara Donovan, Lou Schwarts -- Amount $8,000 RESOLUTION NO. 99-010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT OF FUNDS FOR A LOAN OF COMMUNITY REDEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 88-58 OF THE CITY OF PORT TOWNSEND, Applicants: Phillip Johnson, Arletta Could -- Amount $10,000 RESOLUTION NO. 99-011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT OF FUNDS FOR A LOAN OF COMMUNITY REDEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 88-58 OF THE CITY OF PORT TOWNSEND; Applicant: Michael J. Mohn -- Amount $10,000 RESOLUTION NO. 99-012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT OF FUNDS FOR A LOAN OF COMMUNITY REDEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 88-58 OF THE CITY OF PORT TOWNSEND, Applicanti Marilyn Staples -- Amount $7,000 City Council Minutes page 2 February 1, 1999 RESOLUTION NO. 99-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO EXTEND THE CONTRACT EXPIRATION DATE TO THE PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL TO PROVIDE ENGINEERING SERVICES FOR THE TRI-AREA WELL UPGRADE PHASE III AND PRELIMINARY AND DESIGN SERVICES FOR THE TRI-AREA RES ERVOIR AND RELATED IMPROVEMENTS. RESOLUTION NO. 99-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING GREENTREE COMMUNICATIONS COMPANY THE SOLE SOURCE PROVIDER OF PORTABLE RADIOS WITH AVS VOICE SCRAMBLE BOARDS AND SCRAMBLE BOARDS FOR MOBILE UNITS FOR THE PORT TOWNSEND POLICE DEPARTMENT HEREBY AUTHORIZING THE PURCHASE OF THIS EQUIPMENT WITHOUT CALLING FOR BIDS. Communications: City Council Minutes Page 3 February 1, 1999 I~ COMMUNICATIONS - COUNCIL MEETING OF FEBRUARY 1, 1999 Date Author Topic Disposition 1/13/99 Jeanne Chao New Police Station at the Key City Lanes property site. 1/27/99 BCD Building & Community Development - Permit For information Activity 1/27/99 BCD Pending Land Use Cases 1/27/99 Tim McMahan, Memo with attached article: Clearing & Grading For information Attorney Regulation Revisions & Jan. 1999 Atlantic Monthly article, The Liquid Earth). 1/27/99 Julie McCulloch, Letter to Jefferson County Commissioners re: funding For information Mayor request to remove railroad trestle and transfer span. 1/27/99 Julie McCulloch, Letter to Reps. Kessler, Buck and Sen. Hargrove re: For information Mayor funding request to remove railroad trestle and transfer span. 1/27/99 Public Works Development Review Status Report For information Ii/27/99 Gary Demich, Letter to Mayor regarding funding for enhancement For information WSDOT projects. Staff Public Works Reports City Attorney City Clerk PUBLIC COMMENTS Mr. Don McDaniel, Puget Sound Energy. (Will follow with written report and presentation to council when appropriate) Supports 18 month extension of PSE contract Mr. Robert Greenway ,, Y2K - wind generation · Expressed thanks to Councilmember Mark Welch and Mayor Julie McCulloch At 8:30 p.m. Mayor McCulloch recessed the meeting and reconvened it at 8:52 p.m. City Council Minutes Page 4 February 1, 1999 STANDING/AD HOC COMMITTEE REPORTS Parks, Recreation and Property_. Councilmember Welch (No action items) Public Safety_ Committee. Councilmember Finnie (No action items) Government Operations Committee. Councilmember Rambo ~ In preparation for voting on proposed Ordinance 2684 -- MOTION Mr. Rambo SECOND Mr. Welch City Council compensation be raised to $300 per month and that the mayor's salary be set at $500 per month MR. KEITH REQUESTED SEPARATION OF THE ISSUES: Council members salaries -- Discussion followed VOTE Held until after next Public Comment Mayor's salary_ -- Friendly Amendment: Mr. Badame Set mayor's salary at $450 Friendly Amendment Accepted by Mr. Rambo and Mr. Welch VOTE Held until after next Public Comment Land Use. Councilmember Jenks (No action items) Finance Committee. Councilmember Keith (No action items) Transportation. Councilmember Badame (No action items) Utilities Committee. Councilmember Shoulberg MOTION SECOND VOTE Mr. Shoulberg Council support an 18 month extension of the Puget Sound Energy franchise and direct staff to prepare an emergency ordinance to that effect for action at the next meeting Mr. Welch Held until after next Public Comment City Council Minutes Page 5 February 1999 MAYOR'S REPORT STAFF REPORTS Written reports included in council communications MOTION SECOND VOTE Mr. Shoulberg Set a special Council Workshop on February 8, 6:30 p.m. council chambers regarding transitional government Mr. Finnie Held until after next Public Comment PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. Don McDaniel, Puget Sound Energy Robert Greenway -- In favor of raising council members salaries VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS MOTION SECOND VOTE Mr. Shoulberg Council support an 18 month extension of the Puget Sound Energy franchise and direct staff to prepare an emergency ordinance to that effect for action at the next meeting. Mr. Welch Carries unanimously, 7-0 by voice vote MOTION SECOND VOTE Mr. Rambo City Council compensation be raised to $300 per month Mr. Welch Fails, by voice vote -- 2 in favor, 5 opposed: Councilmembers Badame, Jenks, Shoulberg, Keith, and Finnie MOTION SECOND VOTE Mr. Rambo Mayor's salary be set at $450 per month Mr. Welch Carries unanimously 7-0 by voice vote City Council Minutes Page 6 February 1, 1999 ORDINANCE NO. 2684 AN ORDINANCE REPEALING ORDINANCE NUMBER 2364 AND ESTABLISHING A RATE OF COMPENSATION FOR CITY COUNCIL MEMBERS FOR ATTENDANCE AT CITY COUNCIL MEETINGS OF TWO HUNDRED FIFTY DOLLARS PER MONTH, AND THE MAYOR OF FOUR HUNDRED FIFTY DOLLARS PER MONTH, TO BECOME EFFECTIVE FOR NEW CITY COUNCIL MEMBERS UPON ELECTION AND FOR EXISTING CITY COUNCIL MEMBERS ONLY UPON ELECTION TO A NEW TERM OF OFFICE AS PROVIDED BY RCW 35A.13.040. 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. 2684 with the mayor's salary $450 Mr. Jenks Carries unanimously, 7-0 by roll call vote MOTION SECOND VOTE Mr. Shoulberg Set a special Council Workshop on February 8, 6:30 p.m. regarding transitional government Mr. Finnie Carries unanimously, 7-0 by roll call vote PUBLIC HEARING Proposed revisions to PTMC 13.01 (Procedures for Utility Development), 13.31 (Stormwater Utility Service), 13.32 (Stormwater Management), 19.05 (ESA) and 20.09 (Land Development Permit Application and Appeal Fees) Staff presentations were made by Ms. Judy Surber, Ms. Colette Kostelec and Mr. Tim McMahan. Council suggested that the state reinstitute the practice of direct mailings to developers regarding changes in codes that will affect their projects. There was no public testimony in favor, against, or neutral. There was none. UNFINISHED BUS INESS City Council Minutes Page 7 February 1, 1999 NEW BUSINESS ORDINANCE NO. 2685 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.01.020, DEFINITIONS, OF CHAPTER 13.01, PROCEDURES FOR UTILITY DEVELOPMENT, OF THE PORT TOWNSEND MUNICIPAL CODE TO CHANGE THE DEFINITION OF "DEVELOPMENTAL COVERAGE" 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 Rambo and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Proposed amendment to Section 2, that the ordinance will take effect 30 days after the date of publication MOTION SECOND VOTE ~Mr. Keith Council adopt Ordinance No. 2685 as amended Mr. Welch Carried unanimously, 7-0 by roll call vote ORDINANCE NO. 2686 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 13.31.070, UNLAWFUL ACTS DEFINED, OF CHAPTER 13.31, WATER, SEWER AND STORMWATER, OF THE PORT TOWNSEND MUNICIPAL CODE, TO SPECIFY PENALTIES AND ENFORCEMENT AUTHORITY 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 Ms. Jenks ~Council adopt Ordinance No. 2686 SECOND Mr. Rambo VOTE Carried unanimously, 7-0 by roll call vote ORDINANCE NO. 2687 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING City Council Minutes Page 8 February 1, 1999 SECTION 13.32.020, DRAINAGE PLAN SUBMISSION, CHAPTER 13.32, STORMWATER MANAGEMENT REQUIREMENTS OF THE PORT TOWNSEND MUNICIPAL CODE, TO REQUIRE DRAINAGE PLANS AND TEMPORARY EROSION CONTROL MEASURES FOR IDENTIFIED ACTIVITIES The Mayor read the ordinance by title. 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 Keith and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Proposed amendment to Section 2, that the ordinance will take effect 30 days after the date of publication MOTION Mr. Keith Council adopt Ordinance No. 2687 as amended SECOND Mr. Rainbo PROPOSED FURTHER AMENDMENT: Mr. Badame Page 2, paragraph 1, Section B first line -- change "may" to "shall"; Section E first line -- change "may" to "shall"; Section E -- remove "at the discretion of the director" NOT ACCEPTED AS FRIENDLY AMENDMENT -- DIES FOR LACK OF SECOND VOTE ON MAIN MOTION: Carried unanimously, 7-0 by roll call vote ORDINANCE NO.2688 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS 19.05.020, DEFINITIONS, .030 GENERAL PROVISIONS, AND .040, SENSITIVE .AREA PERMIT REQUIREMENTS, OF CHAPTER 19.05, ENVIRONMENTALLY SENSITIVE AREAS, OF THE PORT TOWNSEND MLrNICIPAL CODE TO EXPAND THE SCOPE OF ACTIVITIES SUBJECT TO THIS CHAPTER, ESTABLISH A "MINOR ACTIVITIES" PERMIT AND WAIVER CRITERIA, AND CLARIFY CERTAIN PROVIS IONS 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 Rambo and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Proposed amendment to Section 4, that the ordinance will take effect 30 days after the date City Council Minutes Page 9 February 1. 1999 of publication MOTION Mr. Keith Council adopt Ordinance No. 2688 as amended SECOND Ms. Jenks PROPOSED FRIENDLY AMENDMENT: Ms. Jenks Page 3, delete Subsection 19.05.030 C 2(b)iv. On page 6, modify 19.05.040 B l(j) to read: Relocation or installation of natural gas, cable communication, gas and telephone facilities, lines, pipes, mains, equipment or appurtenances may be waived when the utility involves a conduit of two inches or less, a trench of two feet or less, and a construction corridor width of five feet or less, the location is approved by the director and no practicable alternative exists which will reduce impacts on environmentally sensitive areas; FRIENDLY AMENDMENT ACCEPTED BY MAKER AND SECONDER VOTE Carried unanimously, 7-0 by roll call vote ORDINANCE NO. 2689 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 THE PORT TOWNSEND MUNICIPAL CODE, ADDING PERMIT APPLICATION FEES FOR CERTAIN ESA PERMITS AND PERSONAL WIRELESS FACILITY PERMITS 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 Finnie and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. MOTION SECOND VOTE Mr. Keith C~uncil adopt Ordinance No. 2689 Mr. Rainbo Carried unanimously, 7-0 by roll call vote RESOLUTION NO. 99-015 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND City Council Minutes Page 10 February 1, 1999 AND LOCAL UNION NO. 589 OF THE TEAMSTERS UNION FOR THE FIRE DEPARTMENT EMPLOYEES EFFECTIVE FOR A THREE-YEAR PERIOD BETWEEN JANUARY 1, 1999 THROUGH DECEMBER 31, 2001 MOTION SECOND VOTE Mr. Finnie Council adopt Resolution No. 99-015 Mr. Rambo Carried unanimously, 7-0 by voice vote RESOLUTION NO. 99-016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING THE PROPOSAL FOR A JEFFERSON COUNTY ADULT LEARNING CENTER AS A PILOT PROJECT FOR 1999 THROUGH 2001 MOTION SECOND VOTE Mr. Badame Council adopt Resolution No. 99-016 Mr. Shoulberg Carried unanimously, 7-0 by voice vote ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NUMBER 2364 AND ESTABLISHING A RATE OF COMPENSATION FOR CITY COUNCIL MEMBERS FOR ATTENDANCE AT CITY COUNCIL MEETINGS OF TWO HUNDRED FIFTY DOLLARS PER MONTH, AND THE MA YOR OF__ DOLLARS PER MONTH, TO BECOME EFFECTIVE FOR NEW CITY COUNCIL MEMBERS UPON ELECTION AND FOR EXISTING CITY COUNCIL MEMBERS ONLY UPON ELECTION TO A NEW TERM OF OFFICE AS PROVIDED BY RCW 35A. 13.040. Brought forward to the Government Operations Committee report. There was none. PUBLIC COMMENT COUNCILMEMBERS GENERAL DISCUSSION EXECUTIVE SESSION Mayor McCulloch recessed the meeting into Executive Session including City Attorney McMahan and City Administrator McNutt to discuss a personnel matter. City Council Minutes Page 11 February 1. 1999 The meeting was reconvened at 11:52. MOTION: Welch Authorize the City Attorney to hire Summit Law Group to represent the city in a personnel matter for a sum not expected to exceed $5,000, with the understanding that the amount will be included in a supplemental budget to be brought to the council later in the year SECOND: Rambo VOTE: Carried unanimously, 6-0 by voice vote. (Mr. Badame left the meeting before the vote). ADJOURNMENT There being no further business, at 11:58 p.m., Mayor McCulloch adjourned the meeting. Attest: Pamela Kolacy City Clerk City Council Minutes Page 12 February 1, 1999