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HomeMy WebLinkAbout05051997 . . . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 05, 1997 The City Council of the City of Port Townsend met in regular session this fifth day of May, 1997, at 6:00 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Diane Perry-Thompson, Ted Shoulberg, Ian Keith, Kathryn Jenks, Jean Camfield and Mark Welch. Also present were City Clerk Pam Kolacy, City Administrator Michael Hildt, Police Chief Jim Newton, BCD Director Bruce Freeland, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Library Director Linnea Patrick, City Treasurer Derek Stacey Thompson and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS Ms. Tracy Reinhart, Port Townsend School Board, gave a personal invitation to CELEBRATE the Completion of the School Bond Construction, May 19 for Mountain View Elementary School, May 20 for Grant Street Elementary School, May 22 for Blue Heron Middle School and a High School Modernization Celebration Open House 7:00 p.m. May 21. PRIORITY PRESENTATION ~ Methamphetamine Video and Discussion -- postponed, until after the first meeting in June. ~ Library Development Plan -- presented by Library Trustee Bill Maxwell who recounted 760 hours of citizen committee work, 50 hours of Library Board review, untold hours by staff and a contribution of $2,000 for publication of documents from Friends of the Library. He pointed out that planning is ongoing. It was noted that January through April 1997, circulation was up 39 percent over 1996 and card holders had increased by 1,800 adding stress and creating a need for more open hours and more staff. Maxwell reported beginning in June the Carnegie Room will be closed for meetings in order to have more room for materials. He expressed appreciation to Council members for their attendance at Library Board Meetings. ~ Proclamation by Governor Gary Locke -- proclaiming the week of May 10-17, 1997, as Rhododendron Week in Washington State and urging all citizens to join him in the special observance as is the custom of Jefferson County and the city of Port Townsend. ~ Proclamation by Mayor Julie McCulloch -- encouraging all citizens to participate in the second annual Key City Challenge May 18-23, 1997, by leaving their automobile at home at least one day of the week and traveling by bus, bicycle, car pool, on foot or by any other alternative mode of transportation. City Council Minutes Page 1 May 5, 1997 . . . AGENDA CHANGES OR ADDITIONS Item E of the Consent Agenda was pulled by the Public Works Director. CONSENT AGENDA Councilmember Camfield 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: 010 094 110 120 130 150 180 411 412 500 610 Current Expense Garbage Street Library Park Hotel/Motel Transient Tax Capital Improvement Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief $ 138,161.79 35,967.50 6,420.97 6,104.00 2,526.59 3,980.34 2,242.38 54,159.75 11,699.02 4,538.76 53.23 Total $ 265,854.33 Approval Without Readiug of Minutes from: March 17, 1997 and April 7, 1997 Approval of Resolutions: RESOLUTION NO. 97-53 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH ALICE L. PERLMAN AND IRMA PEREZ CORDOV A REGARDING THE PURCHASE OF LAND IN THE CITY AND AUTHORIZING THE TREASURER TO ISSUE WARRANTS FOR THE PURCHASE OF THE LAND IN ACCORDANCE WITH THE AGREEMENT RESOLUTION NO. 97-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MA YOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH POLARIS ENGINEERING AND SURVEYING City Council Minutes Page 2 May 5, 1997 . . . TO CONDUCT A SURVEY OF THE OLYMPIC GRAVITY WATER SYSTEM (OGWS) WATER PIPELINES LOCATED WITHIN THE PLAT OF NATIONAL CITY ADDITION NO. 1. RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH PRIMO CONSTRUCTION COMPANY, INc. FOR THE CONSTRUCTION OF SIDEWALK AND INTERSECTION IMPROVEMENTS AT WATER AND TAYLOR STREETS. (Pulled from the Consent Agenda) RESOLUTION NO. 97-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW CHAPTER 35.91 AND PTMC CHAPTER 13.28 RESOLUTION NO. 97-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW CHAPTER 35.91 AND PTMC CHAPTER 13.28 RESOLUTION NO. 97-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY FOR PARTICIPATION IN THE SALE OF SURPLUS PROPERTY Approval of Appointment: Roger Wilson to Community Oriented Policing Advisory Board Filling unexpired term -- Term expires 11/15/97 Communicatiøns: A letter dated April 14, 1997, from Andrew Palmer, 121 Ravens Road, Port Townsend, to Port Commissioners with a copy to the Mayor, regarding a lease agreement at Point Hudson. (For information. ) A letter of thanks dated April 14, 1997, from Luanne Boice, Manager, Bergita House, for City monetary support of the Bergita House. (For information.) A letter dated April I?, 1997, from Bonnie and Steve CoTTa, Port Townsend, enclosing a copy of the letter they sent to the Port Commissioners, and asking the City Council to urge Port City Council Minutes Page 3 May 5, 1997 . . . Commissioners to make a wise choice in the future decision regarding the lease at Point Hudson. (For information.) An undated letter from B. Gerke, Port Townsend regarding a lease agreement at Point Hudson. (For information.) An undated Non-motorized Transportation Committee list with attached letters of interest. (For infonnation. ) A letter dated April 23, 1997, from Governor Locke, regarding the proposed state park day-use fee, and announcing the proposal has been withdrawn. (For information.) A letter dated April 28, 1997, from U.S. Senator Patty Murray and U.S. Representative Jack Metcalf regarding the NW Straits Advisory Commission. (For information.) A memorandum dated April 30, 1997 from T. Martin, BCD, forwarding Building Permit and Land Use Permit Status Reports. (For information.) A letter dated May 1, 1997, from Margaret A. Lee, 809 Gaines Street, Port Townsend, regarding chemical spraying in public places of our community. (For information.) This concludes the Consent Agenda. PUBLIC COMMENTS Ms. Margaret Lee read her letter of May 1, 1997. Jenks cited a resolution adopted last year that pledged the City to not use herbicides and to also negotiate with other entities for the same. She indicated that contrary to the minutes, to her knowledge, Puget Power has not taken soil samples. She said she had again contacted Puget Power and talked to Mr. McDaniel, and with his agreement will contact the Department of Agriculture to test the perimeter of the substation for toxicity. ST ANDIN G/ ADHOC COMMITTEE REPORTS Solid Waste Adviso{}' Committee. Councilmember Perry-Thompson SWAC-SWAP -- May 3 and 4, 1997, Fairgrounds ~ Very little left over -- scrap hauled off to the dump ~ Lisa from the Moderate Risk Waste Facility held training regarding household contaminants including how expensive they are to get rid of City Council Minutes Page 4 MayS, 1997 . . . Comql.Unity Services. Councilmember Perry-Thompson April 28. 1997 (Hildt, Merchant and Perry-Thompson) Discussion items: ~ Met with current garbage hauler for the first time regarding the list of items included in the resolution passed at last Council Meeting. ~ Set meeting -- May 6, 1997 (Second meeting -- Hildt, Merchant, Perry-Thompson) May 5. ¡ 997 Board of County Commissioners (Shoulberg, Merchant and Perry Thompson) Discussion items: ~ Tipping fees ~ Read her letter of May 5, 1997, for the record. ~ Huntingford said they cannot postpone the decision indefinitely. Harpole moved that no change in current fees happen at this time (for more discussion). Huntingford, second; Stands. ~ All (including Skookum) need to be true partners in the discussion. Announced: Community Concert next weekend at the Presbyterian Church Transportation. Councilmember Camfield May 1, 1997 (Public Works will report on update) Discussion items: ~ Water and Taylor Street stop lights/signs -- impact on neighbors; will meet with neighbors. ~ Admiralty Apartments--loading and unloading area and restriping handicapped access parking on Taylor Street next to apartments. ~ Washington and Quincy Streets -- neighbor reported what he says is a dangerous intersection. For the short term, in lieu of a citizen request for a 4-way stop, bulbouts will be painted at the intersection on the Memorial Field side as you come down Quincy Street, and the stop sign moved out so it can been seen. Adjacent parking places will be marked "Compact Only." The same will be done at the bank across from the old Eagles building. Will be discussing parking in front of Eagles, probably parallel rather than angle. ~ Discussion on list of issues held up due to Title 12 and Engineering Design Standards. Set meetings -- First Wednesday of each month, 4:30 p.m. Non-Motorized Transportation Plan. Councilmember Camfield April 30, 1997 (Jenks and Camfield Council Representatives) Discussion items: ~ Recommendation to Council in approximately 6 months. Puþlic Safety Committee. Councilmember Jenks April 24, 1997 Discussion items: ~ Kearney Substation, Puget Power herbicide usage ~ Educate community regarding methamphetamine use City Council Minutes Page 5 May 5, 1997 . . . Land Use. Councilmember Keith April 18, 1997 Discussion items: ~ Sign code enforcement revised in 1986 and 1991 -- amortization period to allow continued use to recoup sign investments expires July 31, 1997. Businesses with existing non-conforming signs will receive a friendly reminder letter that they have until July 31 st to comply with the code. The City will encourage voluntary compliance, but is committed to enforce the sign ordinance.. ~ Zoning Code glitch would prohibit restaurants in the Marine Commercial District, small restaurants serving port patrons and those working there. To prelude larger restaurants, it was suggested to establish a maximum area that would be allowed for restaurants in that zone. Recommend for Planning Commission consideration. ~ Distributed a draft of "City Council Guidelines for Code Enforcement Program." Recommended that after the conclusion of sign code enforcement amortization deadline July 31 st, begin proactive enforcement evenly to deal with illegal existing signs that have been erected since ordinances were passed in 1986 and 1991. Wording in the draft of the paragraph concluding Initiation of Code Enforcement was changed to read, "Proactive enforcement (deliberately looking for violations) will only be undertaken when Council directs that a category of violations be enforced." ~ Selection of Hearings Examiner. Recommended the Land Use Committee, along with anyone else concerned, have open interviews for a Hearings Examiner. It is anticipated hearings would be rare events, since they will only involve appeals. Should an appeal arise before filling the position, there is provision to appoint a pro tern examiner. McMahan said that interviews would probably take place in July. MOTION Adopt the new City Council Guidelines for the Code Enforcement Program as presented and amended in place of existing Guidelines and Priorities for the Code Enforcement Program. Keith SECOND VOTE Welch Held for Public Comment Consensus: forward to Public Comments, take the vote of this motion, proceed to the Public Hearings and New Business and return to the Mayor's Report and Staff Reports. MAYOR'S REPORT Mayor Julie McCulloch reported ~ Dedication of Union Wharf -- Friday, May 9, 1997,5:30 to 6:30 p.m., meeting at the base of the Haller Fountain with a short promenade moving from the Haller Fountain, across Water Street and down to the Union Wharf. It is anticipated Ms. Jennifer Belcher of the Department City Council Minutes Page 6 MayS, 1997 . . . of Natural Resources will be arriving shortly before 5:45. Belcher and the Mayor will remove a heavy ship's rope to designate the opening of Union Wharf. Festivities will proceed to the dock. ~ Letter from the Northwest School of Wooden Boat Building noting maritime activities. The school was formed in 1981, and provides maritime education for the general public, a 9 month residential course in traditional wooden boat building, and a summer program of maritime skills workshops. McCulloch said she would share a copy of a summer workshop catalog the school produced in collaboration with the Wooden Boat Foundation. She noted that a Maritime Education Alliance has been formed as a cooperative effort between the Wooden Boat School and the Wooden Boat Foundation. She reported some statistics: 1) every year the school enrolls about 60 students from around the world in their 6 and 9-month programs; the students pay tuition, sometimes purchase housing in the area, purchase transportation, housing and recreation, live in the area between 6 and 9 months, and yearly spend approximately $600,000 while in Port Townsend; 2) last year the more than 200 summer workshop participants who came to Jefferson County to pursue a working vacation spent approximately 680 visitor days at the school and about $560,000 in tuition and expenses; 3) many students have purchased homes and have remained here to work and play. ... Focus on education in our Comprehensive Plan -- growth in educational institutions in our area. Economic Development Council had a presentation Friday morning about the efforts that both WSU and Peninsula College are undertaking and increasing levels of degree programs that will be available in our community. ~ Association of Washington Cities (A WC) Conference, June 18 through 21. If interested, indicate to her. ~ Between now and the next Council meeting the City will be hosting the prospective Japanese Sister City delegation. RSVPs are needed. Perry-Thompson, Davidson and Jenks will be out of town during that whole time. A public salmon barbeque will be held Friday evening, May 16 at the Fort Wordon cook shelter, 5:00 to 7:00 p.m. Reservations are needed in advance. STAFF REPORTS Building and Community Develøpment: Director Bruce Freeland ~ No report Publiç Works: Director Bob Wheeler ~ Parks & Recreational Functional Plan hearing -- requested stricken from the schedule for June 16th. ~ Taylor and Water Street--rated high for handicapped ramps, next priority intersection to work on. Bulbouts were started to address the need. ~ A 30 acre blow down, partly old growth forest, was observed at the watershed at Tunnel Creek. He praised the agreement with the Forest Service, and said the Forest Service is fully cooperative and wanting the City's involvement into whatever they do there. He said the City Council Minutes Page 7 May 5,1997 . Forest Service is very interested in all points of view on the blow down and what they should do with it, but first and foremost is concerned about water quality. Wheeler said if they leave everything there, there is some opportunity for erosion to occur and sediment to get into the stream, but also there is opportunity for sediment with any salvage type of operation. He said water quality has not been hampered in any way at this point, and expects it will not be, as work with the Forest Service continues. . City Administrator's Office: City Administrator Michael Hildt ~ Has been working with Finance Staff to overcome some of their difficulties of the past few weeks. One solution is to upgrade their basic accounting integrated computer system. Payroll staff reminded him that in 1991 there were 65 employees, now there are 134 with much growth in the number of part time, intermittent and temporary employees, e.g. in the Recreation Program where employees corne and go, putting a lot of strain on the system. He explained they have not kept up with the software; they are more than two versions behind with Eden Systems. The upgrade has been the highest priority for the last couple of budgets, and would do a lot for them. In investigating, they found Eden Systems had just been discussing with a number of other cities doing a package, and if Council is interested, the City has the opportunity to save $4,250 by joining the group. He also noted in looking at the schedule of getting software in and people trained, if they were to move now the system could support this year's budget. The total cost is $10,600 including training, and if Council is comfortable they can move forward funding half from the Public Works funds, a small portion from the refund on excise taxes, and about half from contingency funds. Davidson responded that probably it would make sense to come before the Finance Committee, but he and Keith will be gone and will not back until next Council meeting. Shoulberg recommended proceeding. Davidson said he did not disagree; it has been discussed for a long time, and is something that should have been done a long time ago, but has been deferred for finances. He said it is a good opportunity to take advantage of the savings. Welch asked regarding research in competing packages. Stacey Thompson has looked at some, but Hildt said this is a module of their present Eden Systems, and would not take conversions to other systems. He said there is expectation that within 3 years there will a large amount of alternative software that is not available today. MOTION Davidson Authorize the Finance Department to procure an updated version of the payroll module of Eden Systems. SECOND VOTE Welch Held for next public comment section ',ibrary: Director Linnea Patrick ~ No library board meeting in May. Patrick will be gone for the next 3 weeks; Carol Cahill will be in charge of operations. Will need council members for June 23rd, July 28th, and August 25th Library Board Meetings; will check back at the June 16th council meeting. . City Council Minutes Page 8 May 5, 1997 . . . ~ Two children's librarians offered testimony last week at a school board meeting during discussion of school administration recommendation to cut one full librarian position and two school library aide positions from the school budget for next year. She said this would have left Mountain View School and Blue Heron Middle School without a resident librarian. She said they if they are going to cooperate with the schools in providing for the library needs of students in the City of Port Townsend, that they need someone there to cooperate with. They have noted an erosion in library skills in kids coming into the library in the past couple of years when there haven't been full time librarians in each of the schools in the district. There were about 75 other people in attendance who felt very strongly that this is the wrong place to cut the budget. Shoulberg congratulated Patrick and the Library Board on the Library Plan. He said he assumes it will take financial tools to implement their long range plans and they will be corning to the council with increments of the plan. Patrick pointed out they are already at work on a grant proposal for technology, and anticipates the wave of the future is grant matches, 52 percent funding from local resources matched by 48 percent federal. They will have to search for matches, which can include in-kind contributions from local electricians, etc.; they are working on local resources as well as tax funds. Patrick said they are five years past the time the agreements were signed for the CLAN system computer, and it is time to start replacing that system. Camfield said the School District appreciated the City librarians taking part in that board meeting, but clarified that the time being cut from the libraries was a .6 librarian. She said that while that is a big impact on the school libraries, and some aide time proposed to be cut, the School District is facing a shortfall, as are all financial institutions. She said they are reviewing and reconsidering all of this. What will come out of it, they do not know, but there is over $100,000 having to be cut from the School District budget. Jenks also praised the Library Plan, and discussion ensued regarding the change in use of the Carnegie Room and other space impacts. City Treasurer's Office: City Treasurer Stacey Thompson ~ Expanded on Hildt's explanation of capabilities of the proposed payroll accounting system and affirmed it to be a contribution to the budget process. He said it is a lot more efficient and would provide much better service to departments. City Clerk's Office: City Clerk Pam Kolacy ~ Friday is the last phase of the physical exam for police officers, before it goes to Civil Service Commission. She hopes to have list for the Commission to approve on the 13th. Again thanked Community Oriented Police Advisory Board volunteers who helped. ~ There are a new code updates in Council boxes; be sure to have new copies of 12, 13, 17, and 18. Hopes to send to Code Revision next week, but it will be 4-5 weeks until they come back. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. City Council Minutes May 5, 1997 Page 9 . . . Mr. Raymond Anibas, owner of Waterfront Pizza, described a new group of street transients as "Street Commandos," and declared they are not our sons and daughters. He said there has been a large group ofthem on Water Street, wearing colors much as gangs, abusing customers and pan handling. He avowed he is taking a stand of non-tolerance and intends to take every opportunity to move them along and verbally make them unwelcome. He said he believes as downtown business owners, they have the support of their neighbors and police community. Anibas said the City requires that all downtown businesses carry insurance on sidewalks in front of their business, and unofficially expects them to maintain and keep those sidewalks clean. He said he is going to take that one step further, and encourage his neighbors to do the same, to take the sidewalk as part of their businesses. He said if he has difficulty with an individual he will approach it the same manner as if that individual were inside his business, refusing them service, and considering them belligerent; he will ask for assistance and ask them to leave. If there is an individual he already has had trouble with, he will not give the opportunity to stop. He said he is hoping if there are any problems with that the City Attorney will make it known to them, and is hoping he and other downtown business owners can get quick response and good coverage from police officers; their mere presence is valuable in this action. He apologized and said unfortunately there will also be those who are innocent and will get moved along with it. He said he came to Port Townsend 15 years ago because Port Townsend is a tolerant and generous community, and would like to see it stay that way. He explained that these people are urinating on our streets, taking garbage, not just out of his can, but also spreading it around. He remarked that a local landlord requested that Waterfront Pizza consider taking the bench out from in front of his establishment, but he realized half of the people who use that bench are beyond their middle years, walking up and down our streets, bringing to us their trade, and they have no place to sit. They need to be able to rest; that is one of the last benches on Water Street. He suggested Council consider actions taken by the city of Snohomish and downtown Seattle, and see our police enforce the current ordinances of leash laws, traffic impedance, and others to let them know they are unwelcome. He said this isn't a free ride; it is a place where people work and live and build community. Mayor McCulloch said there is a lot concern on this subject right now. She said she would be reporting in her Mayor's Report how the uptown is responding to some similar issues uptown. The Mayor asked the Police Chief to speak; Chief Newton asked to reserve his comments until after hearing comments from Ms. Karen Gates-Hildt. Karen Gates-Hildt said she spoke as a citizen and as a woman. She commented she has been an area property owner since 1974, coming from the University District of Seattle where she raised her daughter and had her business in the Pike Place Market. She came here because Port Townsend was safer, the streets were safer. Ms. Gates- Hildt recounted the following: Today at 11: 15 a.m. she and her adult daughter were walking along Water Street near the Adams Street Park and in front of them about a half block away there was a group of five or six City Council Minutes Page 10 May 5,1997 . . . people. She said if she had been in Seattle she and her daughter would have immediately crossed the street or turned and gone the opposite way; but because they were in Port Townsend they kept going until they came to within approximately 2 yards of the group when a male, 25 to 28 years old, stopped in the middle of the sidewalk, faced them and blocked the sidewalk. She put her arm around her daughter and moved her in between where the three or four other individuals were, in her estimation in their twenties, and this individual crowded them over even more and said he wanted some money. She told him she does not give money to people on the street. By then, they were walking fairly rapidly. The approximately 6-foot-tall male put his arm around her without touching her and got his face in her face while they were walking as fast as they could. He told her he would follow her as far as he needed to follow her until she gave him money. She speeded her pace; they got across the street with his arm still around her without touching her, and breathing on her face. She emphatically told him not to follow them any further. She said fortunately at that moment tourists with cameras, including two men, emerged from the shop they were approaching and the aggressor stopped and dropped back. Ms. Gates-Hildt and her daughter continued on down the street to the Police Station and made a report. She expressed appreciation for the Police force professionalism, their courtesy and dedication. She went on to say that the City's ordinances do not allow our police officers to do much more than try to discourage the adult criminal people on our street. She said these were not children, not teenagers; they were criminal, adult people. She was threatened and frightened. She urged Council to have good hard look at ordinances currently on the books and said they can be strengthened and asked to make it a priority. She said they need to differentiate between street kids and kids who are hanging out, kids who are playing around and being a little bothersome, and criminals who are intimidating, threatening, and frightening people. She urged the City Attorney to look at ordinances passed elsewhere, e.g., Snohomish and Seattle. She said, "We do want to let this cat get out of the bag. We want to stop this now and send a clear message that we will not tolerate extortion, intimidation or anything else on our streets." She again urged for action and said this is an escalating problem. Chief Newton said the group that was accurately described by the public arrived in our community approximately 2-112 weeks ago. He said they have had numerous complaints from the business community and the Parks and Recreation Department as most are camping out in Chetzemoka Park. He said his officers have been spending a lot of time removing people from the parks, and enforcing existing ordinances downtown, with particular respect to this group. He asked the public to make known their intrusions, and stressed the importance of citizens being willing to carry through, to make a citizen complaint, identify those involved, and go to Court. Jenks asked what business owners responsibility is for the sidewalk. It was indicated McMahan will comprehensively address the subject. He said they did adopt ordinances and will bring an aggressive panhandling ordinance to the next Council meeting. He asked for direction from Council. Camfield requested a Public Hearing, a statement of intent and what we will not tolerate, and would welcome an ordinance. Welch concurred. Perry-Thompson asked, "What can we do?" She implied she would like to know the boundaries. Chief Newton stated retaking the City Council Minutes May 5, 1997 Page 11 . . . sidewalks by the broader community will be applauded. Perry-Thompson suggested the media tell what citizens can and cannot do. Mayor McCulloch told of her invitation to attend a meeting Thursday afternoon by uptown business owners. She said there were 25 to 30 attendees, including some from the Boiler Room, Recreation Center, police officers, and Jeff Harnrn from Jefferson Transit. Discussion centered around the Recreation Center becoming a community gathering place, and that the neighborhood has shied away. Discussion from that meeting resulted in a decision of the community to take back their community and corne together for community solution. Jenks said she would like to know as Chairman of the Public Safety Committee when further meetings take place. Anibas again spoke and said they would be willing to put time into regaining our community. Discussion: McMahan advised against calling for a hearing, but to invite the public to comment on an ordinance. He discussed adoption of Drug Free Zones at transit stops. They will copy a previous memorandum prepared a couple of years ago on what tools are available to the community and make them through Main Street circulation. Consensus: Prepare an aggressive panhandling ordinance. Key Çity Chal1en2e. Mr. Jeff Harnm, Jefferson Transit encouraged people to participate. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Mayor McCulloch opened the meeting to the Public for comment on the motions made by Council during the Committee/Staff reports. Motion -- VOTE Code Enforcement Unanimous, 7 in favor PUBLIC HEARINGS Variance application LUP 97-00002, Gerald & Barbara Rainwater (Closed Record Public Hearing) Freeland presented the background of the variance application. Freeland explained that the application of Gerald and Barbara Rainwater is for variances for their property at 1272 Center Street, the corner of Spruce and Center. He noted their desire is to build a 600 foot single family residence on that property, and to accomplish their design they City Council Minutes Page 12 May 5,1997 . . . have applied for three separate variances: ~ Variance from lot size, 39 foot x 114 foot lot, 3,420 square feet. (In this district the minimum lot size is now 5,000 square feet; minimum width 50 feet.) Explained that this is a long existing, legal non-conforming lot. The applicants do not own other property that is adjacent and there is no opportunity to consolidate lots. If this applicant had corne in under the new code, there would have been no variance; it would recognize the pre-existing lots. ~ V ~.riance frQm lot coverage. There is currently a structure on the property, a workshop or storage building, 624 square feet in size. It appears to predate the ordinances that established the current setbacks, and does not meet one of the setbacks of the current ordinance. He noted a degree of confusion when this was before the Planning Commission. The code would allow a 35 percent lot coverage in order to accomplish the 600-foot residence on this lot; Rainwaters would need a 36 percent lot coverage, a matter of 27 square feet that are at issue with this varIance. ~ Variance from side yard setback. On the westerly side of the property, the side yard is adjacent to Spruce Street and has a 10 foot side yard setback. Rainwaters have proposed a structure that cantilevers 2 feet into that side yard, and are requesting a 2 foot variance to go from 10 feet to 8 feet. On the other side, a small portion where the chimney is, would have a 2 foot incursion to that yard. The remainder abuts other property and has a 5 yard setback. Freeland went on to say Public Works had some incidental issues: ~ Ability to drain the site. ~ To require a survey to make sure about the property boundaries in this situation, and how the structure sits on the lot. Freeland then read the Conclusions and reported the Planning Commission unanimously recommended granting the variances with four conditions: ~ Survey; ~ Drainage plant reviewed and accepted by Public Works; ~ Drainage facilities be carried out prior to final inspection of the house. ~ Any conflicts between Findings of Fact, Conclusions and Conditions, that Conditions prevail Council questions: Keith asked if there is a possibility that something more could be built on this lot in the future, particularly allowing construction of an up-to-120-square foot roofþrint storage shed, which on a standard lot doesn't have much impact, but would in this case, and is a no permit situation. He asked what control there would be over future construction. Freeland replied it might require a permit, but neither is it license to exceed the standards of the zoning ordinance. Where you have maximized lot coverage, it would probably not be a legal structure. Camfield referred to Conclusion #2, ". . .not applicable to other lands in the same district." She said she wondered if that is really true. Freeland concluded it is referring to the general condition in the R-II District (5,000 square foot minimal lot size). He said in this particular neighborhood there are numerous small lots that already exist, and each of those would meet the same tests. There are other properties in the neighborhood that have similar facts, but are not City Council Minutes Page 13 May S, 1997 . . . typical of properties generally in that district. Camfield asked how then can they make that statement; she said she would think it would apply to any of those lots that are substandard size and in single ownership. Freeland answered there are going to be other lots that have the same facts as to being substandard size, noting that each of the Findings of Fact have to be addressed in granting a variance. He stated he believes it is the case that it is an unusual circumstance to have a lot that is less than 5,000 square feet; it is not a unique circumstance, but still an unusual circumstance. Shoulberg asked if he understand that this situation will not happen again because of the new codes? Freeland stated the variance having to do with lot size will not come up again under the new code, the variances regarding setbacks could corne up at any time. Jenks asked regarding the cumulative effect of storm drainage in building on Center Street. She said the City's regional stormwater detention area is in roughly the same geographic area and is the same soil type. Wheeler interjected that the City owns property which is a low elevation, but a lot ofthese properties don't particularly drain to that. He answered Jenks that the stormwater facility is surrounded by Milo, Pacific, and Cedar Streets and San Juan A venue, but the City does not own all of those lots. She asked what the cumulative effect would be for the neighborhood from flooding should those lots be developed at this density. McMahan spoke of the new code, which he said should not really be part of the consideration, but the new code addresses both this issue and Camfield's issue regarding Conclusion #2 in that one of the reasons this is a unique situation that staff believes applies under the variance criteria is that this particular lot has been under single ownership since or before adoption ofthe Port Townsend Municipal Code and is therefore considered a legal nonconforming lot. He said the City had enacted a new ordinance that would require consolidation of these lots if there are two next to each other and not conforming to the 5,000 square foot lot size restrictions; it would now be impossible to split off lots in consolidated ownership to these tiny sizes if they are owned together. McMahan agreed with Camfield's comment that they could be split off if they were owned singly. Wheeler confirmed that it is not a largely vacant street, and Jenks concluded that they are indeed dealing with an isolated Issue. Shoulberg asked regarding Condition #2 and what it means concerning the applicant. Freeland stated the last sentence dealt with the issue. Shoulberg said he would like Public Works to indicate a percentage that would be allowable. Keith clarified that the applicant expressed confidence that the stormwater can be handled on the lot. Freeland verified that and said the record shows testimony of the high percolation of soils and other conditions that they thought mitigated it. He said there is nothing in the record that should lead to the conclusion that they will not be able to satisfy the drainage, but there is a requirement that drainage be looked at. Jenks referred to Exhibit 3 that says the subject lot is very close to the lowest point within the drainage basin and asked if there is any history of the flooding of this lot; does the applicant run any risk of receiving drainage from other areas? Freeland said the applicant stated that during this last season's heavy rains, there was no ponding or standing water on their property. He said he thinks the Public Works Department is correctly pointing out the topographical feature that causes them to want to make sure this issue is looked at. City Council Minutes May 5, 1997 Page 14 . . . The Mayor closed the public heari~ and opened it to Council deliberation. Councilmembers had no further deliberation. UNFINISHED BUSINESS There was none. NEW BUSINESS RESOLUTION NO. 97-58 A RESOLUTION APPROVING VARIANCE APPLICATION LUP 97-00002 WITH CONDITIONS. Councilmember Shoulberg made a motion that the Council adopt Resolution No. 97-58 which was seconded by Councilmember Welch and passed unanimously, 7 in favor, by voice vote. RESOLUTION NO. 97-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A SIX-MONTH EXTENSION FOR COMPLETION OF CONDITIONS ON CONDITIONAL USE PERMIT 9603-07 (KEVIN & RUTH BOWEN) Freeland explained the resolution noting this is a conditional use permit that allows a bed and breakfast on Jackman in the area between 10th and 12th Streets. He said the bed and breakfast was approved in a two-phase development. The first phase that they are currently in allows two rooms of the house to be used for a bed and breakfast. The use permit would allow up to a total of six rooms, although they have now amended their proposal to a total of five which they are currently pursuing. He said a condition of the use of the additional bed and breakfast rooms, is that before June 3rd, when those additional rooms can be occupied, there be an improved street with a turnaround and parking put in place. The work is under contract, and there is equipment on the site presently. Freeland said because of their contractor's scheduling of other jobs, the Bowens were apprehensive they might not get the job done by June 3rd at which time their conditional use permit would lapse. He said this extension would give Bowens more time to comply with their conditions, that they cannot occupy the other three rooms for bed and breakfast use until those conditions are met. Staff recommends approval of the extension. Councilmember Perry-Thompson made a motion that the Council adopt Resolution No. 97-59 which was seconded by Councilmember Keith and passed unanimously by voice vote, 7 in favor. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Mayor McCulloch opened the meeting to the Public for comment on the motions made by Council City Council Minutes Page 15 May 5, 1997 . . . during the Committee/Staff reports. Motion -- VOTE Eden Systems Software Unanimous, 7 in Favor COUNCILMEMBERS GENERAL DISCUSSION A. Office Space Hildt gave an update and distributed a Preliminary Work Program Outline for the following: 1. Council Chambers (6 months) Hildt noted the process underway covering the space plan and project plan and budget. Discussion ensued regarding cost and location of Council's meeting place. ~ PQP~ Marine Building. Hildt said the way the ordinance reads the City can reserve space but no more than 45 days at a time, and indicated they are attempting to work out the scheduling. He said there are always other possibilities. Jenks reminded of the commitment to the Arts Commission for the summer. Would also require moving around. Shoulberg asked about the odor; many people object. Hildt suggested that location might be a problem; if Council gives direction they can seek others. ~ Keep to one location. Keith -- it is important that the rest of the community know where to find the Council Meetings, and not have to check the newspaper. ~ Cable Televi$iOJ\. Perry-Thompson -- Summit would like to keep to one location. ~ Someplace accessible. Perry-Thompson -- so that people will know we are attempting to come to them; not someplace remote, like the fair grounds. ~ DpwAJ,town or close to CitY Hall. Jenks -- as close as possible to the seat of primary information. ~ Community Center. Keith -- sounds O.K. ~ Handicapped accessible. Hildt -- downtown, can only think of the Harborside, and that would be very expensive. ~ Portable Building in the Parking Lot. Hildt -- set up expensive; could be done. ~ Spaces for rot}.lipn. Welch -- suggested staff work up three spaces where they could rotate. ~ Park House at Chetzemoka. Welch -- a little small. ~ Point Hudson Pavilion. Hildt -- four or five steps at the entrance. ~ Girl Scoyt Club House. Welch -- a number of days are available. Mayor McCulloch asked if they need to find space for the next meeting. Hildt felt one more meeting in the Council Chambers. 2. Waterman and Katz Building Councilmember Keith and Hildt had one meeting with the proposed owner and developer of that building for preliminary discussions. They have offered to help with space planning. EDC City Council Minutes May 5, 1997 Page 16 . . . is working with the City for a potential sharing of space with another public agency where they can grow and over time the City could reduce its space or leave there. 3. Portable Building Nothing done on it at this time. Hildt said appreciation had been expressed by some city employees that Council was willing to give up their space for them. Miscellaneous discussion: Point Hudson Jenks referred to the letters from concerned citizens regarding Point Hudson. She indicated the council needs to pay attention to them. She suggested renting temporary space from Point Hudson and then they would be there in a real way. She suggested they could a build ramp to make it handicapped accessible. She referenced the complaint raised by a citizen regarding what she said the manager at Point Hudson called "recreational vehicles that are being stored on a year- round basis and occasionally used." She questioned the permitting of these. Shoulberg said the Point Hudson Plan should be protected and that it represents community values. He questioned if they should be commenting on the other concern. Camfield said she felt is was incumbent on of them to make their wishes known to the Port Commission, that they are the public and it is public property. PTM-200~ Mayor McCulloch she had a request that day regarding PTM-2002, locating a transient marina someplace downtown. They will be applying for an Community Economic Renewal Board grant fund for a feasibility study. The Port Commission agreed to be the formal applicant for that grant and to provide $6,250 in matching funds. PTM-2002 is attempting to raise the same amount in matching funds for this grant. She said their deadline is June 2nd. They need Council to evaluate whether or not to participate in this. She said that before coming to Council on May 19th, she thought it best to send it to a committee, perhaps the Finance Committee because they are asking for both support for a grant and for money. She asked for ideas for alternatives to handle this. Keith said the only difference he sees in it this time is that they are not talking about a specific location and he was not interested; Jenks concurred and said they already said "no" once. Mayor McCulloch said that was true, but she would like them to take a look at the new ir.formation, that they are approaching it from a little different angle. She said she is not trying to be an advocate one way or the other, but they have come back with a slightly different approach, and she thinks they deserve the opportunity to at least be heard by a Council committee before you make that decision. City Council Minutes Page 17 May 5, 1997 . . . Consensus: to come before the whole Council for discussion. Council Ab~eJ)ces Davidson, back May 17; Keith; Jenks gone 1 month. ADJOURNMENT There being no further business, at 9:55 p.m., Mayor McCulloch adjourned the meeting. Attest: 2~~- City Clerk City Council Minutes Page 18 May 5, 1997