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HomeMy WebLinkAbout07071997 . . . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 7, 1997 The City Council of the City of Port Townsend met in regular session this 7th day of July, 1997, at 6: 1 0 at the Port Townsend Community Center, Mayor Julie McCulloch presiding. ROLL CALL Council members present at roll call were Bill Davidson, Kathryn Jenks, Ian Keith, Diane Perry Thompson, Jean Camfield, Mark Welch, and Ted Shoulberg. Also present were City Attorney Tim McMahan, BCD Director Bruce Freeland, Library Director Linnea Patrick, and City Clerk Pam Kolacy. AGENDA CHANGES OR ADDITIONS Mr. Wheeler requested that Item D, the ordinance regarding Union Wharf and City Dock, be removed from New Business as the expected feedback from the lAC has not yet been forthcoming. Ms. Jenks requested that Item C be removed from the Consent Agenda and added under New Business (Professional Services Agreement with SVR Design). CONSENT AGENDA Mr. Keith moved for adoption of the following items on the consent agenda. Ms. Perry Thompson seconded. There was no further discussion and the motion carried unanimously by voice vote. Approval of Bills and Claims: (7\07\97) 010 Current Expense $19,622.87 094 Garbage 37,964.84 110 Street 249.04 120 Library 3,839.93 130 Park 309.72 411 Water-Sewer 7,463.55 512 Storm & Surface Water 11,966.85 500 Equipment Rental 4,138.89 610 Firemen's Pension & Relief 44.37 TOTAL $85,600.16 City Council Minutes Page J July 7, J 997 . . . (7\03\97) 010 094 110 120 130 180 411 412 500 610 Current Expense $34,340.30 Garbage 231.64 Street 7,717.73 Library 608.14 Park 5,085.18 Capital Improvement 110,852.43 Water-Sewer 69,859.95 Storm & Surface Water 2,266.14 Equipment Rental 30,663.73 Firemen's Pension and Relief 440.54 TOTAL $262,065.78 Approv&l ofMinut~s: May 5, June 2, June 16, and June 30, with typographical errors corrected. RESOLUTION 97-79 RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #11 FOR $82,189.00 TO THE UNION WHARF RECONSTRUCTION PROJECT CONTRACT WITH HURLEN CONSTRUCTION. RESOLUTION 97-80 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH MEL WILLIAMS DRILLING, INC. FOR THE DEVELOPMENT OF A WATER SUPPL Y ON THE RIGGLE PROPERTY. RESOLUTION 97-81 RESOLUTION AUTHORIZING THE MA YOR TO SIGN AN AGREEMENT WITH JUDITH A. GUINASSO 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. Coml)lunications: Date 4-28-97 5-29-97 City Council Minutes Author Topic and Proposed Action B. Little to Public Facilities Advisory Committee J. McCulloch to County Commissioners For infonnation. Public facilities- for information Page 2 July 7, 1997 . Date Author Topic and Proposed Action 6-4-97 C. Jarrett to J. McCulloch & Utility bill concem- for information reply 6-16-97 T. Martin Building Permit and Land Use Permit Status Reports- for information 6-19-97 S. Westerman Crosswalk improvement request- referred to Transportation Committee 6-25-97 H. Beck Jefferson County International Airport Master Plan- termination of planning process- for info 6-27-97 Planning Commission Comments on Council's changes to Title 17 7-1-97 K. Schordine Sewer lift station concerns - for information 7-1-97 T. Martin Building Permit and Land Use Permit Status Reports - for information 7-2-97 K. Jenks Council correspondence file - for . information 7-2-97 B. Wheeler Public Safety Building Potential Property Sites- for information 5-16-97 Memo of Agreement Establishing From 1. McCulloch - For Information the Joint Natural Resources Cabinet PUBLIC COMMENT Gary Pelroy, 2213 Walnut: Mr. Pelroy commented on the increasing use ofthe city-owned area overlooking the bluff across from his property, hoping the lot could be closed down late at night or patrolled by police more often. Forrest Rambo: requested greater availability of corrected current draft ordinances (Union Wharf) STANDING/AD HOC COMMITTEE REPORTS . Community Services: Ms. Perry Thompson Set meeting: Wednesday, July 16, Mayor's office. Agenda: Update on garbage contract negotiations City Council Minutes Page 3 July 7, 1997 . . . Public Safety: Ms. Jenks Set Meeting: Friday, July 18, Mayor's office. Agenda: Discussion of enforcement procedures in uptown, unleashed dogs, controlling speed vs. stop signs. Transportation: Ms. Camfield Met July 2. Reported on loading zone permit applications; may issue on interim basis, looking toward a discussion of all downtown parking and loading issues. Need to be through non- motorized plan first. Discussed Transportation Improvement Program, update on San Juan Avenue, stop sign request. Parks, Recreation & Property: Mr. Welch Discussed Union Wharf ordinance, general concerns about restrictions to commercial use arising from lAC grant monies for floating dock; neighborhood concerns about trash left at skateboard park from patrons and motor home visitors; Pool Use Agreement. Land Use: Mr. Keith Discussed presentation at A WC annual convention regarding tiering strategy. Noted Port Townsend's Municipal Achievement Award for the after school recreation program. Discussed request to Land Use Committee from Foresight Technology regarding alternative spaces for low impact, high tech businesses; perhaps in former bed and breakfast establishments. Began prioritizing BCD work for this year, will continue discussion at next meeting. Discussed hearings examiner selection process. Mr. Welch asked what the next step regarding providing for additional locations for high tech businesses would be. Mr. Keith said the staff could be directed to bring forward an ordinance for perusal by the Planning Commission. Finance Committee: Mr. Davidson. Meeting rescheduled for July 14 at 9:15. Joint meeting with Tourism Advisory Group, chaired by Jim Farmer of TAG. It was felt that the final fund balance was budgeted at a higher level than necessary; the committee stressed the importance of more funds being used in 1998 for tourism promotion. Discussed SB 5867 (Thomas Bill) effective July 27 regarding hotel-motel taxes. Requires establishment of a Lodging Tax Advisory Committee with minimum of five members and one elected official as chair. Recommendation that present TAG become Port Townsend LTAC with the addition of an elected official. Utilities Committee: Mr. Shoulberg Discussion of supplemental requests for total of $214,000 as a one-year interest- free loan from the state for Sewer Master Plan to continue at an accelerated plan,. Discussion of request for regionalization of sewage lift station in which Mr. Shoulberg has a financial interest was turned over to Mr. Keith. He stated there was extensive discussion about sewer lift station which is part of the proposed Shoulberg development on 19th Street including City Council Minutes Page 4 July 7, 1997 . . . number of houses which would be served, undeveloped property that would be served, and what the benefits to the city would be if lift station were in place. In addition, should the city participate, to what extent, and identificatin of the manner and cost of payback agreements. No conclusions were reached. Set meeting: Land Use Committee. Monday, July 14, 3:00 p.m. to discuss Shoulberg development and BCD priorities Discussion returned to high tech business locations. Mr. Freeland noted that this would be an amendment to Title 17 which would need to go through the Planning Commission, although the council may discuss the issue at any time. It was suggested that the Land Use Committee review the issue with the Planning Commissioners. Mr. Welch asked if discussion could be wider scope than limiting locations is that it would limit neighborhood impacts. Further expansion ofthe choice of sites would probably require a Comprehensive Plan amendment. Mr. Keith moved that council direct staff to prepare a proposed ordinance allowing high tech, low impact businesses to locate in building that have or have had Conditional Use Permits as bed and breakfasts, and present to Planning Commission as soon as possible.. Mr. Welch seconded. The vote was held until after public comment. Ms. Jenks noted she would like at some point to discuss cumulative effects of varying conditional use permits and home occupations on neighborhoods. PUBLIC COMMENT Madge Wallin: Asked whether elected officials and department heads take an oath of office to uphold the Constitution of the United States. Ms. McCulloch answered that elected officials are sworn in, but not department heads. Forrest Rambo: Commented on importance of Thomas Bill regarding hotel-motel tax money. He stated his support of using revenue reserve in Tourist Advisory group fund to hire a contractor or coordinator to do professional marketing for the city. Lloyd Cahoon: Thanked city representatives who worked on Larry Scott Trail and council for concluding the agreement. There was no further public comment. Vote on motions made prior to public comment period: Motion directing staffto prepare ordinance re location of high tech businesses: Carried unanimously by voice vote. PUBLIC HEARING VARIANCE APPLICATION 9603-09, SAINT PAUL'S EPISCOPAL CHURCH (CLOSED RECORD HEARING) City Council Minutes Page 5 July 7, 1997 . . . Mr. Freeland stated that St. Paul's Episcopal Church is in the process ofbui1ding a new parish hall, removing some buildings and adding a new building The net effect of the project is to require eleven new parking spaces. Since the site is physically constrained, a parking variance has been requested that would mean adding only five new spaces. He then went through the detailed findings and conclusions of the Planning Commission and noted that five had voted in favor, with no abstentions, to approve the application with conditions. Ms. Jenks asked who had reviewed any safety issues that might be involved with the amount of on-street parking used. Mr. Freeland stated that Development Review Engineer Colette Kostelec had reviewed these issues as Public Works liaison. Ms. Jenks asked if there were comments. Mr. Freeland replied that no written comments had been received, and oral comments were contained in the Planning Commission minutes which are part of the review package. Ms. Jenks questioned the parking requirements in relation to the actual use. Mr. Freeland noted there is actually an existing shortfall of 86 spaces which is grandfathered in and goes with the fact the church has been there for such a long time. The required number of new spaces relates to the net impact of making the church larger; however, unless the addition increases the number of worshippers, the neighborhood is unlikely to see any increase in the number of cars. Ms. Camfield stated there will probably be no more people using the facility than there are now, rather the same number of people spread out in more buildings. She said there may, in fact, be less impact since there will be a few more spaces on the property which don't exist now. Mr. Davidson noted that the church's legal nonconforming parking status is relevant. The church has been there over a hundred years, and parking has been on the street all this time. The conclusions ofthe Planning Commission indicated that the request meets the criteria for variances, and with the exception of one neighbor, all comments received were favorable. Mr. Davidson then moved for approval of Variance Application 9603-09 for St. Paul's Episcopal Church with Findings 1-12, Conclusions 1-7 and Conditions 1-5. Mr. Keith seconded. The motion carried unanimously by voice vote. RESOLUTION 97-82 RESOLUTION APPROVING VARIANCE APPLICATION 9603-09, ST. PAUL'S EPISCOPAL CHURCH Mr. Keith moved for approval of Resolution 97-82. Mr. Davidson seconded. The motion carried unanimously by voice vote. City Council Minutes Page 6 July 7, 1997 . . . NEW BUSINESS RESOLUTION NO. 97-83 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY AND THE PORT OF PORT TOWNSEND REGARDING CONSTRUCTION, MAINTENANCE AND OPERATION OF A PORTION OF THE LARRY SCOTT MEMORIAL TRAIL, AND ACCEPTING ALL PROPERTY CONVEYANCES IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT Mr. McMahan stated that meetings on this issue began in August last year and the city, port, and county have come up with this agreement regarding the cooperative maintenance of the trail. He noted it is truly a balancing act among the three agencies to provide a very important public amenity. By buying off on the design of the trail, and the conveyance of properties, the water walk can now extend all the way into Port Townsend. The city and port insurers have reviewed the agreement, although the county prosecutor's office had some last minute issues; we have been advised that these are non-substantive and can be worked out at the county level. A conference has been scheduled for July 16 with the County Commissioners and any outstanding issues will be resolved at that time. Ms. Jenks asked several questions regarding location of wetlands, horse corral, and trail end park. She also questioned how maintenance would be done; Mr. McMahan noted the trail surface is improved to a 12-foot service area, the intent was to support no motorized vehicles except those needed for maintenance. Ms. Jenks than asked about methods of vegetation management. Mr. McMahan noted the city is only responsible for the trail's end park. He said the county would be required to follow the city's policy for vegetation control within the city. Ms. Jenks noted she would not vote in favor of the agreement if herbicides would be used for vegetation management and would like agencies to agree on this point. Mr. Shoulberg suggested approving the agreement, and asking for an addendum regarding management policy clarification. He noted it seems axiomatic if both city and county have policies in place, but would support some form of written communication between the two. Mr. McMahan said he and Mr. Wheeler will get that language to the county; he is confident it can be resolved and will bring back for review. Mr. Welch thanked all the staff members for going through this arduous task and spoke of its legacy for generations to come. Mr. Welch moved for adoption of Resolution 97-83. Mr. Shoulberg seconded. After a short discussion, the motion was passed unanimously by voice vote. City Council Minutes July 7, 1997 Page 7 . . . RESOLUTION 97-84 RESOLUTION APPROVING AGREEMENT FOR CONSTRUCTIONAND MAINTENANCE OF PUBLIC RESTROOMS AND SHORELINE ACCESS DECK AND EASEMENT (THE SURF RESTAURANT Mr. McMahan noted that when the Surf Restaurant received approval for building their new deck, part of the condition was that they would provide a public walkway and public restrooms Both are now in place, and the agreement before council is the agreement of the Surf to maintain those facilities. Again, many months of negotiation have taken place between the city, the Hastings estate and the restaurant management. The agreement anticipates a change of hours for the restrooms, and that part of the agreement has not yet been worked out. Since the Surf is currently operating with a temporary occupancy permit, they would like to have this part of agreement approved so the occupancy can be permanent and the restaurant can get back to normal operations. Ms. Jenks moved for approval of Resolution 97-84. Mr. Keith seconded. Ms. Camfield noted this was a great job and an excellent solution to the persistent public restroom shortage. There being no further discussion, the motion was passed unanimously by voice vote. ORDINANCE 2600 AN ORDINANCE AMENDING SECTION 2.04.010, BUSINESS MEETINGS, CHAPTER 2.04, CITY COUNCIL RULES, OF THE PORT TOWNSEND MUNICIPAL CODE, CHANGING THE COUNCIL MEETING TIME FROM 6:00 P.M. TO 6:30 P.M. Ms. McCulloch read the ordinance by title. Mr. Keith moved that the first reading be considered the second reading, and the third be by title only. Ms. Perry Thompson seconded. The motion carried unanimously by voice vote. Ms. Kolacy read the ordinance by title. Ms. Perry Thompson moved for approval of Ordinance 2600. Ms. Camfield seconded. The motion passed unanimously by voice vote. RESOLUTION 97-85 A RESOLUTION AUTHORIZING THE MA YOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH SVR DESIGN COMPANY TO PREP ARE A FEMA MITIGATION GRANT APPLICATION FOR AN EMERGENCY SHUT OFF FOR THE OGWS PIPELINE Ms. Jenks noted she had requested removal ofthis item to new business to get a little more information about the state of the water pipeline system. Mr. Wheeler noted that at present there is no way no know about a leak unless someone observes it; this will allow us to have an emergency shutoff valve that can automatiacally shut the pipe off safely. City Council Minutes Page 8 July 7, 1997 . . . Mr. Davidson moved for the approval of Resolution 97-85. Mr. Keith seconded. The motion carried unanimously by voice vote. PUBLIC COMMENT Al Elliot, representing PTM 2002 spoke in favor of a resolution supporting the proposed feasibility study; he stated that transient moorage is consistent with the city's Comprehensive Plan.. He then answered several questions from council members. Mark Beaufait, Secretary-Treasurer ofPTM 2002. supported the resolution for feasibility study, noting it is an effort to promote our maritime future, that economic priority is the first component, followed by environmental review and engineering review. Lloyd Cahoon, General Manager of Port. of Port Townsend spoke ofthe PTM2002 feasibility study as another component of a larger plan; the study will not be related to specific use nor facility-oriented. He stated the cornerstone now is demand analysis. Council members asked questions regarding current port capacity and how full the facility is at this time, and whether the large marina proposed at Paradise Bay will have a regional impact. Forrest Rambo spoke against the PTM2002 project, stating that a demand analysis could be done very cheaply rather than with $50,000 oftaxpayer grant money. He is in favor of attracting peoples and boats to Port Townsend, but thinks it can be done in a more cost effective way. He stated he would support a preliminary survey to find if there is indeed a need for additional transient moorage in Port Townsend. Mr. Cahoon replied that the entire amount of grant money quite possibly would not be spent. Ms. Jenks questioned whether it is legal to construct a marina in public waters. Mr. McMahan noted that it would be legal inside the outer harbor line. Mr. McMahan also cautioned council that at some point this matter may become quasi-judicial and if council agrees to support a study, he would change the proposed resolution to state the approval is only for planning, not for a project. Mr. Welch stated it is difficult for him to support a feasibility study that is not defined; he noted there are many empty mooring spaces all winter and that he and others enjoy mooring off shore. He also noted that sometimes studies end up showing you what you want to see. Mr. Keith questioned who would be scoping the study. He added he cannot imagine any circumstance in which he would support a marina anywhere on the city's waterfront, citing aesthetic concerns as a start. He continues to oppose the idea of supporting a study for a project he could not support. Mr. Davidson stated that the objective is completely different from the last time council support was requested by PTM 2002. He feels there are many in the city who are supportive of the idea, and believes the outcome of such a study can be objective. Right or wrong, Port Townsend has City Council Minutes July 7, 1997 Page 9 . . . the image of not being supportive of economic development. This may be an opportunity to support or increase economic viability and therefore he is in favor of endorsing the study. Ms. Camfield stated her position as somewhere in between. She believes there is a need for transient moorage of some kind, although not necessarily a marina. She stated she would not be against supporting a study. Mr. Davidson moved that council direct staffto prepare a resolution supporting the Port's application to secure a grant for the purpose of funding a study to determine the feasibility of adding transient moorage to Port Townsend. Mr. Shoulberg seconded. The motion carried 4-3 by voice vote, with Keith, Jenks and Welch dissenting. Mr. Davidson moved that council direct staff to prepare a resolution supporting the Port's application to secure a grant for the purpose of funding a study to determine the feasibility of adding transient moorage to Port Townsend. Mr. Shoulberg seconded. The motion carried 4-3 by voice vote, with Keith, Jenks and Welch dissenting. MAYOR'S REPORT Ms. McCulloch stated that information about council positions and a reading list of materials available at the Port Townsend Library are now available at the library and at City Hall. The County facilities planner has requested a meeting on July 30 between the County Commissioners, the City Council, and designated staff members.. The Marvin Shields monument at the American Legion Hall will be dedicated on August 16. STAFF REPORTS Library - Linnea Patrick Council members will attend the following Library Board meetings; Ms. Camfield on July 28, Mr. Davidson on August 25, Mr. Welch at the September meeting. There were no other staff reports. COUNCIL'S GENERAL DISCUSSION Mr. Keith mentioned gifts received nom the Ichikawa town delegation, with beautiful packaging and calligraphy done by the Mayor's wife. Ms. McCulloch noted that she had received word from Mr. Terahata of the Hyogo Cultural Center that he would like her and the mayor of Ichikawa Town to do a presentation at a sister city conference in Tokyo. She asked whether the council would support that as part of the sister city relationship. She noted there would be no expense to the taxpayers. Mr. Shoulberg stated his strong support, and consensus was to support the trip. City Council Minutes Page 10 July 7, 1997 . . . Ms. Jenks requested further discussion of the city personnel policies manual, citing three issues: the funding at 1/2 pay for sabbaticals, the media policy, and administrative evaluation. EXECUTIVE SESSION An executive session regarding pending or possible litigation was held starting at 10:40 p.m. Present were Tim McMahan and Bob Wheeler. ADJOURN There being no further action, the meeting was adjourned at 10:55 pm 2~~~~ City Council Minutes Page 11 July 7, 1997