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HomeMy WebLinkAbout09/19/94 Unsigned MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994 The City Council of the City of Port Townsend met in regular session this Nineteenth day of September, 1994, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Dan Harpole, Julie McCulloch, Diane Perry-Thompson, Ted Shoulberg, Robert Sokol, and Sheila Westerman. Also present were Clerk- Treasurer David Grove, Acting Police Chief Rick Oberlander, Acting City Attorney Mary Winters, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. INTRODUCTIONS AND/OR RECOGNITIONS Mr Grove introduced Sara Woodworth1111, part-time cashier in the Clerk-Treasurer's office. CONSENT AGENDA Councilmember Davidson made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Perry- Thompson and passed unanimously by voice vote. Approval of the following Bills and Claims: 010 Current Expense $ 25,354.99 094 Garbage 44,412.50 110 Street 7,805.76 130 Park 749.72 170 Emergency Medical Services 501.20 307 94 Storm Geographical Info Sys 1,509.85 320 92 City Dock Reconstruction 9.15 330 93 Water Quality Improvements 16,309.23 333 94 Water System -Standpipe 2,429.64 334 94 Water System -Trans Tri Area 12, 737.10 411 Water-Sewer 68,414.86 412 Storm and Surface Water 17,255.17 500 Equipment Rental 8,560.41 610 Firemen's Pension and Relief 939.98 Total $ 206,989.56 Setting Hearings: Planning Only Grant Application to Department of Community, Trade and Economic Development to Identify Homeless Population for October 3, 1994. Variance App 9409-03 - Mysak for November 7, 1994. Communications: A letter dated July 14, 1994, from Steve Nuttall, Assistant State Fire Marshal, St of WA, Dept of Community, Trade & Economic Development, Olympia, Wa, providing information regarding the State approved supplementary budget monies for contracting with local authorities to provide boarding home inspections was copied for Council. A letter dated August 17, 1994, from St of Wa, Transportation Commission, providing information on public forums on transportation programs to be held around the state was copied for Council. A letter dated August 27, 1994, from Jan Williams stating concerns and voicing a complaint, about the all night noise caused by certain youth in the downtown, Palace Hotel, area was copied for Council. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont. A letter dated September 1, 1994, from Tim Caldwell, General Manager, Port Townsend Chamber of Commerce, to Jan Williams, responding to her letter of August 27, 1994. A letter dated September 1, 1994, from Scott Foster requesting that the pool remain open was copied for Council. A letter dated September 1, 1994, from Lester C Dalrymple, WA State Liquor Control Board, stating that local officials will no longer be notified of liquor license violations starting October 1, 1994, was copied for Council. A letter dated September 7, 1994, from Mark S Beaufait regarding Union Wharf design process was copied for Council. A letter dated September 8, 1994, from Lee J Tickell, Community Action, regarding "Planning Only" grant was copied for Council. A letter dated September 9, 1994, from Fire Chief Howard Scott to Mayor Clise, regarding the proposed contract with the State of WA for inspection of boarding homes in the city was copied for Council. A letter dated September 9, 1994, from Bonita Flagg stating that the animal shelter move from the Hastings and Howard Streets facility was complete was copied for Council. A letter dated September 9, 1994, from Mary Winters, Acting City Attorney, to Robert J Erickson, Summit Communications, Inc. , regarding the settlement proposal and stay of rate refund order was copied for Council. A memorandum dated September 12, 1994, from Mayor Clise to City Council Transportation Committee regarding concerns voiced by residents in regard to the island at Rose and H was copied for Council. A letter dated September 13, 1994, from Keith Jackson, et al, to Sergeant Rick Oberlander, stating approval of Officer Connor Daily and requesting that he be retained if at all possible was copied for Council. A letter dated September 14, 1994, from Lee Tickell, Community Action, requesting that a public hearing be held October 3, 1994, on the Planning Only Grant was copied for Council. A letter dated 1994, from Eric Anderson regarding the 1995 contract was copied for Council. This concludes the Consent Agenda. PUBLIC COMMENTS Ryan Tillman was recognized and stated his concerns over the widening of Umatilla Street without and ESA permit. He also voiced his concerns regarding delay in issuance of building permits for certain projects on 48th Street because of Public Works issues and asked Council's help in resolving said issues. PUBLIC HEARINGS Conditional Use App 9406-04 - Rose Theater Expansion. Councilmember Davidson was excused from the proceedings. Mr Hildt reviewed MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont, proposed findings of fact, conclusions and conditions of Conditional Use App 9406-04 recommending approval with the following changes: Conclusions #1- changed to . .the proposed use will not endanger. . . ; #2 . . .the proposed use meets all the conditions. . . ; Condition #1 . . . Valid agreements, in a form and manner approved by the City Attorney, must be. . . ; #2 . . . with the City, in a form and manner approved by the City Attorney, to join. . . . Mayor Clise opened the hearing to the Public. Rocky Friedman, owner, was recognized and stated that he fully accepted the conditions set by the Planning Commission and voiced his appreciation to the adjoining property owners who agreed to lease him space for the project. Peter Simpson was recognized and voiced his approval of the project by stating that it gave local residents a reason to go downtown. Dana Roberts was recognized and voiced his approval of the project as it complied with all requirements. He further stated that he welcomed the broader selection of films that would be provided by the expansion. There being no further Public Comment, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. Mr Hildt answered Council questions regarding parking. After a lengthy discussion concerning parking, Councilmember McCulloch made a motion that the Council approve Findings of Fact #1 through #15, Conclusions #1 through #4 and Conditions #1 through #5 with the following change to Condition #3: Matinee performances are permitted on Saturdays and Sundays provided that at least fourteen parking spaces are provided during the times of these performances. In addition, special screening for students or other groups are permitted at other times, provided that the audience arrives and departs by bus or by other means not requiring parking. The motion was seconded by Councilmember Westerman and passed unanimously by voice vote. G-2B Partnership, Proposed Text Amendments to the PTMC Chapter 17, Zonina (9309-08) . Mr Robison reviewed the proposed text amendments and provided background. A discussion of the four alternatives (exhibits #3, 4, 5 & 6) took place. Mayor Clise opened the hearing to the Public. John Buhler was recognized and spoke in favor of the proposed amendments. Dana Roberts was recognized and voiced his approval of what was taking place in that it would benefit the marine related trades and spoke in favor of alternatives #2 & 43. There being no further Public Comment, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. Mr Hildt clarified that the amendments would not affect the R-II properties adjacent to the shoreline properties. A discussion ensured. ORDINANCE NO 2412 AN ORDINANCE PERTAINING TO ZONING, AMENDING SECTION 17.14.020 OF THE PORT TOWNSEND MUNICIPAL CODE TO PROVIDE FOR SUPERIORITY OF SHORELINE USE REGULATIONS OVER ZONING USE REGULATIONS, AND ESTABLISHING AN EFFECTIVE DATE THEREFORE. Mr Grove read the ordinance by title. Councilmember Westerman made a motion that the first reading by considered the second and the third be by title only which was seconded by Councilmember Sokol and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Sokol made a motion that the Council adopt Ordinance No 2412 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont. ORDINANCE NO 2413 AN ORDINANCE PERTAINING TO ZONING, AMENDING SECTION 17.16.010 OF THE PORT TOWNSEND MUNICIPAL CODE TO ALLOW BOAT BUILDING, REPAIR AND SALES IN THE C-II ZONING DISTRICT, AND ESTABLISHING AN EFFECTIVE DATE THEREFORE. Mr Grove read the ordinance by title. Councilmember Harpole made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Perry- Thompson and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Westerman made a motion that the Council adopt Ordinance No 2413 with the following changes to page 2 - graph: first line to read: Boat Building and repair. Third line to read: Boat repair with an X in the Conditional Box, the C-II and P-I boxes and the Xs deleted from the M-II and M-I boxes, which was seconded by Councilmember Harpole. The motion passed unanimously by roll call vote. RECESS Mayor Clise called a brief recess at 8:55 PM. The meeting reconvened at 8:59 PM. COMPREHENSIVE PLAN COMMITTEE REPORTS Transportation. Councilmember Westerman announced that the Committee would meet on September 26, 1994 and on October 3, 1994, 10:00 AM, at the Polk Marine Building. Housing. Councilmember Perry-Thompson announced that the weekly, Wednesday, meeting will be held in the Council Chambers on September 21, 1994, at 1:30 PM. Economic Development. Councilmember Sokol stated that the Committee will meet on September 21, 1994, at 4:00 PM at the Polk Marine Building. Capital Facilities. Councilmember McCulloch set a meeting date of September 28, 1994, at 1:30 PM in the Council Chambers. Glue & String. Councilmember Harpole stated that note takers were needed for the meetings. Land Use. Councilmember Davidson announced a meeting date of September 20, 1994. STANDING/ADHOC COMMITTEE REPORTS Tree & Brushing. Councilmember Westerman reported that the Committee had met and addressed several issues. The letters received from Mrs Grimm were discussed. The second request by a property owner for permission to cut down a significant number of trees on his property near Umatilla was addressed. The Committee made a recommendation that the City make an application for designation as a Tree America City, requiring a proclamation by Mayor Clise, as grant monies are available from B & R for watering and maintenance of trees. Councilmember Westerman also officially welcomed the newest member to the Committee, MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont. Parks. Recreation & Property. Councilmember Harpole reported that the Committee had met and discussed a variety of issues. Councilmember Harpole announced a meeting to be held October 4, 1994, at 4:00 PM in the Council Chambers where the swimming pool task force will be discussing budget questions and possibilities. Councilmember Harpole stated that a skateboard exhibit would be held on September 24, 1994, at 3:00 PM, and that release forms would be needed for participants for insurance purposes. Mrs Winters provided legal background on the issue. Public Safety. Councilmember Sokol announced a meeting date of September 26, 1994, at 1:00 PM in the Council Chambers to discuss noise in the downtown corridor. Councilmember Sokol reported that he had attended a Library Board Meeting and was hopeful that their requested budget items would make it through the Finance Committee. Finance. Two meetings are scheduled. One for September 26, 1994, at 6:00 AM and the second for September 28, 1994, at 9:00 AM. 1995 Budget requests are to be discussed at both meetings. Councilmember McCulloch reported that the Committee had met and discussed four different topics one of which was the current recommendations by the Tourism Advisory Board. Councilmember McCulloch made a motion that the Council approve the recommendation by the Tourism Advisory Board which was seconded by Councilmember Davidson and passed unanimously by voice vote. Councilmember McCulloch reported that the Committee discussed a request made by the Fire Dept for 111111111111111111111111. Councilmember McCulloch made a motion that the Council approve 11111111 which was seconded by Councilmember Davidson and passed unanimously by voice vote. Councilmember McCulloch reported 1111111111111111111111111111111 and made a motion that the Council 1111111111111111111111111 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Councilmember McCulloch stated111111111111111111ll111111111 and made a motion that the Council approve 1111111111111111111111 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Fort Worden Advisory Committee. Councilmember Davidson reported that he had attended the September 15, 1994, meeting. Union Wharf Advisory Committee. Councilmember Harpole reported that the Committee had met and discussed a number of topics. Councilmember Harpole announced October 18, 1994, as the next meeting date. Utilities. Councilmember Shoulberg reported that the Committee had met twice and a number of issues were discussed including the Cable TV rates, the PUD request for additional water and the Critical Areas Ordinance. Councilmember Shoulberg set a meeting date of October 4, 1994. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont. MAYOR'S REPORT Jefferson County Walks Against AIDS Month Proclamation. Mayor Clise proclaimed September, 1994, as Port Townsend Walks Against AIDS Month. He announced that the Columbia-Olympia AIDS Services Taskforce will hold a Walk Against Aids on September 24, 1994. Mayor Clise reported that he had attended a AWC Committee meeting on September 8, 1994, at which a number of topics, including issues to appear before the State Legislature, financing and Referendum 43 were discussed. Mr Clise remarked on the importance of Referendum 43 as it provides funding for the Violence Reduction Act. A brief discussion regarding the referendum took place. STAFF REPORTS Clerk-Treasurer. Mr Grove reported that the initial typing test had been completed by the candidates for the Civil Service position of Police Communications and Records Clerk. This position had resulted in the largest number of applicants to date, stated Mr Grove. 18 finalists will take the remaining tests on September 21, 1994. Mr Grove reported that the budget process is well underway with a meeting of the department heads held this morning and another scheduled for later in the week. The State Auditor, remarked Mr Grove, is finishing up and the final review should be available in a few weeks. Planning & Building. Mr Hildt announced that the dept is working on two large PUD projects; Lynnsfield, formerly Campbell PUD, comprising possibly 100 units by the Fair Grounds and Hamilton PUD on 20th and Howard. The appearance of fairness doctrine will apply to both projects, remarked Mr Hildt. Mr Hildt commented on the packet of information provided by Attorney Winters in regard to the IUGA Appeal by Jefferson County. A discussion of the appeal process took place. Public Works. Mr Wheeler addressed the issues raised by Mr Tillman earlier in the meeting by stating that the delay in the building permit was due to an unresolved and very complicated problem with a survey and involved a number of properties. Mr Wheeler remarked that City Engineer, Randy Brackett was working with Mr Tillman. Mr Wheeler stated that although it was a very complicated problem and might not even be "fixable" that he was still hopeful that it could be resolved. Mr Wheeler mentioned that it might prove helpful for Mr Tillman to attend a Transportation Committee meeting. In regard to Umatilla Ave, Mr Wheeler stated that the work done had been in compliance with both SEPA and the Environmental Sensitive Areas Ordinance. He read appropriate passages from both. Striping, per Mr Wheeler, is all that remains to be done on Umatilla. Mr Wheeler reported that the pre-leveling had been completed on Hastings Ave making quite an improvement. The street is scheduled for chipsealing in 1995. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont. Mr Wheeler stated that Kearney Street is almost complete. All that remains is landscaping and work on the curbing by Del's Texaco. Mr Wheeler reported that work on identifying the San Juan properties which will require right-of-way purchases is continuing. Monies for the project from the State have not yet been obligated. Mr Wheeler announced 3 meetings to be held September 20, 1994, - 9:00 AM, Steering Committee meeting with County and PUD, a 10:00 AM meeting at the Grange Hall with the 3 State agencies and a 1:00 PM meeting with the Water Utility Co-ordinate Council where funding, bylaws, etc will be discussed. In regard to the Water Master Plan, Mr Wheeler stated that a meeting with the Water Advisory Committee meeting will be held on September 22, 1994 to talk about the public meeting scheduled for October 4, 1994, at the Pope Marine building. The comp plan is scheduled for a public hearing at the October 17, 1994, Council meeting, at which, stated Mr Wheeler, approval of the plan (as it is not finished) is not expected but Council authorization is needed to send the plan to the Dept of Health. Mr Wheeler remarked that it had been hoped to have the plan complete by the due date but that certain items of information, such as population projections, etc, were not yet available and so the finished plan was delayed. Mr Wheeler stated that on September 21, 1994, he and Colette1111111 will talk to the Port Hadlock Chamber of Commerce in regard to water and groundwater issues. Regarding the Critical Areas Ordinance, Mr Wheeler stated that he hoped that the City's and County's technical people could get together and work on it in a nonconfrontational way. Research is continuing on the PUD request for additional water at Glen Cove remarked Mr Wheeler. Attorney. Mrs Winters presented bills for outside legal services to the Council and recommended approval of them. She stated that the billing for the Critical Areas Ordinance appeal was not included as a revised bill was expected. Police. Acting Chief Rick Oberlander spoke on a number of issues to include: the traffic officer position, seat belt compliance (806 in state average, 506 in Port Townsend) , 2 complaints from citizens in regard to enforcement of safety issues, the able handling of a situation by Officers Craig and Biffle, the four month end of the bike patrol as of September 1,1994, the active role the department is taking in the schools, the organization of a Block Watch at North Beach, the end of the foot patrol as of January 1, 1995 and the donation of 2 sets of diving gear to the department. A brief discussion of the effectiveness of the bike patrol took place. Attorney. Acting City Attorney Winters remarked that this was her last council meeting as newly appointed attorney Tim McMahan would start Monday, September 26, 1994. MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont. PUBLIC COMMENTS AND/OR QUESTIONS Mayor Clise opened the meeting for Public Comments/Questions. There being none, Mayor Clise closed the Public Comment/Questions portion of the meeting. UNFINISHED BUSINESS Ordinance Vacating the Entire Width of the 20-foot-wide Alley Located Within Block 25 of the Hastina's 3rd Addition. ORDINANCE NO. 2414 AN ORDINANCE VACATING THE ENTIRE WIDTH OF THE 20-FOOT-WIDE ALLEY LOCATED WITHIN BLOCK 25 OF THE HASTING'S 3RD ADDITION TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Sokol made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Perry- Thompson and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember -Sokol made a motion that the Council adopt Ordinance No 2414 which was seconded by Councilmember Shoulberg and passed unanimously by roll call vote. Settlement Proposal - Summit Communications, Inc. Mayor Clise advised that this would be taken up in executive session. Ordinance Amending Section 16.04.010 of the Building Code. ORDINANCE NO. 2415 AN ORDINANCE AMENDING SECTION 16.04.010 OF THE BUILDING CODE OF THE PORT TOWNSEND MUNICIPAL CODE AND ADOPTING THE NONRESIDENTIAL ENERGY CODE, 1994 SECOND EDITION. Mr Hildt explained the ordinance. Mr Grove read the ordinance by title. Councilmember McCulloch made a motion that first reading be considered the second and the third be by title only which was seconded by Councilmember Westerman. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No. 2415 which was seconded by Councilmember Westerman. After discussion involving Mr Hildt, the motion passed by roll call vote with six Councilmembers voting in the affirmative and Councilmember Sokol voting against the motion. Ordinance Establishing Fees for Special Inspections. ORDINANCE NO. 2416 AN ORDINANCE ESTABLISHING CERTAIN FEES FOR SPECIAL INSPECTIONS UNDER THE NONRESIDENTIAL ENERGY CODE BY AMENDING SECTION 3.36.015, PERMIT AND APPLICATION FEES, OF THE PORT TOWNSEND MUNICIPAL CODE. Mr Grove read the ordinance by title. Councilmember Davidson made a motion that the first reading be considered the second and the MINUTES OF THE REGULAR SESSION OF SEPTEMBER 19, 1994, Cont. third be by title only which was seconded by Councilmember Westerman and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Westerman made a motion that the Council adopt Ordinance No. 2416 which was seconded by Councilmember Davidson. After a brief discussion, the motion passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember McCulloch requested that a letter of thanks be sent to the Master Gardeners for the Dahlia garden. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss possible litigation including Mary Winters and David Grove at 10:40 PM. The meeting was reconvened at 10:58 PM. ADJOURNMENT There being no further business, Mayor Clise declared the meeting adjourned at 10:58 PM. Mayor Attest: Clerk-Treasurer