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HomeMy WebLinkAbout09/20/1993 L100 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993 The City Counci I of the City of Port Townsend met in regular session this Twentieth day of September, 1993, at 7:00 PM in the Council Chambers of city Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Julie McCulloch, Norma Owsley, Robert Sokol, and Cindy Wolpin. Councilmember Vern Jones and Councilmember Sheila Westerman were excused. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt, Darlene Bloomfield, Planner, Randy Brackett, Engineer and Public Works Director Robert Wheeler. PRIORITY ITEMS Ordinance Authorizing General Obligation Bond Issue. Anne Watanabe, Public Finance Associate, Seattle Northwest Securities Corporation, the underwriter on this bond issue was recognized and presented Council with a purchase offer to purchase $330,000.00 in bonds, with the transaction to take place October 14,1993. ORDINANCE NO 2374 AN ORDINANCE OF THE CITY COUNCIL OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $330,000 TO FINANCE VARIOUS CAPITAL IMPROVEMENTS AND PURCHASES; FIXING THE DATE, FORM, TERMS, MATURITIES AND COVENANTS OF SAID BONDS; AND AUTHORIZING THE SALE OF SUCH BONDS. Mr Grove read the ordinance by title. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2374 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. Sale of New General Obligation Bonds to Seattle Northwest Securi ties. Inc.. Councilmember Owsley made a motion that the Council approve the sale of the new General Obligation Bonds to Seattle Northwest Securities, Inc., which was seconded by Councilmember Camfield and passed unanimously by voice vote. Homeless Shelter Presentation. Greg McMillan, Alternative Residential Forum (ARF), was recognized and gave a presentation requesting help in turning the present animal shelter on Hastings Avenue into a people shelter when the animal shelter is moved to a new location next year. They propose dividing the shelter into two residential rooms with a kitchen a bath that would house two women with children up to sixty days and are requesting a four year lease at $1.00 per year. They are requesting that the City arrange for a sewer inspection and a disposal permit; they are anxious to start as soon as possible and asked that the City: 1) instruct the Planning Department to obtain a sewage disposal inspection of the site 2) grant permission for ARF to begin a conditional use permit application for the site and arrange mitigation of the $300.00 fee 3) permission for ARF to hold a garage sale at the site. Councilmember Sokol gave an update on the status of the plans by the County for the new animal shelter, stating that the bids received have been higher than budget and that right now they are in the process of changing the shape and design. The County Commissioners are going to be prèsented with a proposal by the Pet Protection League at about 9:30 AM on September 21, 1993. I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993, Cont. Mayor Clise commented that some information about how the shelter would be operated, who would provide supervision and security and other things will be needed before Council can make any long-term commitments. Edward Teardall was recognized and explained the need for the shelter. Mr McLerran explained that the City can enter into leases and arrangements at a lesser or no cost where it is aid to the poor and infirm and then explained that this may require a conditional use permit and become a quasi-judicial matter at some point and explained the position of the Councilmembers. He then explained that the legal details are not problematic, but the management issues are more problematic; such as, type of supervision, "type of staff arrangements, admitting policies, etc. A discussion of a possible process ensued during which Mr Grove was delegated to work with the group to identify areas of mutual concern and how proceed. CONSENT AGENDA Councilmember Sokol made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Owsley. After discussion of a joint shoreline public hearing, the motion passed unanimously by voice vote. Approval of the Minutes for August 2, 1993, as written without reading. Approval of the following Bills and Claims: Current Expense street Park Arterial Street Emergency Medical Services Waste Water Treatment Facility '93 Water Quality Improvements '93 G 0 Bond Projects Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Const $ 53,606.50 2,501.70 473.34 1,943.00 2,176.32 200,554.17 14,614.44 3,62'7.27 15,214.56 5,319.91 1,006.28 395.45 $ 301,432.94 " Setting Hearings: Rezone and Conditional Use Permit for Port Townsend School District (New Middle School) for October 18, 1993. Growth Management Act (GMA) Joint Hearing with County Commissioners set for October 25, 1993, at 7: 00 PM in the Council Chambe:rs. Adoption of Resolution: Authorizing Latecomer Agreement with W F Anderson. RESOLUTION NO 93-125 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. W F Anderson has agreed to construct a 6 inch waterline running for 360 feet in Flora Street between Thomas Drive and Flora Street dead-end in Irondale in the service area of the City of Port Townsend. 401 402 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993, Cont. Communications: A letter dated August 23, 1993, from Janine Canan requesting an alteration to the street light at 211 45th street was copied for Council and referred to the street/Storm Drainage/Light Committee. A letter dated August 27, 1993, from Margaret Trujillo to the manager of Summit Cablevision expressing concerns about cable television service was copied for Council and referred to the Public Hearing later on the agenda. A letter dated August 30, 1993, from Jack Gray, Supervisor, Division of child and Family Services, State Department of Social and Heal Services in support of concerned individuals attempting to educate the community as to the need of the homeless population in the community was copied for Council. A petition dated September 2, 1993, signed by 18 citizens representing 24 citizens requesting that the City fix Thomas Street between Hastings and 23rd Street was copied for Council and referred to the Street/Storm Drainage/Light Committee. A letter dated September 2, 1993, from Lewis Leigh, Executive Director, Washington cities Insurance Authority, making comments concerning coverage for the G2-B Lawsuit was copied for Council. A letter dated September 3, 1993, from Michael J Clementz, President, North Sound Bank thanking the Mayor and staff for the way they treated his employees during the planning, construction, and finish stages of their new branch in Port Townsend was copied for Council. A memorandum dated September 5, 1993, signed by 14 members of the Port Townsend Quaker group in support of the present movement within the city to provide emergency shelter to the homeless was copied for Council. A letter dated September 7, 1993, from Jon Larson, Larson construction, as a formal complaint against City Works stating his concerns in regard to a project he is trying to develop in the H L Tibbals Addition on 19 lots south of 49th street was copied for Council. A letter dated September 8, 1993, from John Clise to Mike Yawman, Chair, Historic Preservation Commission in response to his letter regarding the Pink House was copied for Council. A memorandum dated September 8,1993, from T A Rogers opposing the proposed park and ride lot proposal near Kah Tai Park was copied for Council. A letter dated September 9, 1993, from John Clise to Jefferson County Commissioners Richard Wojt and Glen Huntingford, expressing the gratitude of the Councilmembers for action taken to raise the tipping fees to a sufficient level to cover the costs of garbage handling and the recycling program was copied for Council. A letter dated September 9, 1993, from John Clise to Margaret Lee, President, Friends of the Library, reporting that Council extended the deadline for proposals for the Pink House to October 30,1993, was copied for Council. A letter dated September 10, 1993, from Mary A Fitch, in support of the Wallin Variance was copied for Council and referred to the Public Hearing later on the agenda. A memorandum dated September 12, 1993, from Jon Larson, Larson Construction, including a letter dated June 24, 1993, from Ryan Tillman, P.E., to Darlene Bloomfield, Planner, that was described I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993, Cont. but not included in his complaint dated September 7, 1993, was copied for Council. A letter dated September 13, 1993, from K. Enander comment:ing on parking tickets issued during the Wooden Boat Festival along the Memorial Field wall on Quincy Street and on Jefferson StrE~et was copied for Council and referred to the Street Committee A letter dated September 13, 1993, from Nancy M Neraas, Preston Thorgrimson Shidler Gates & Ellis, enclosing a revised draft of the bond ordinance for the issuance of Limited Tax General obligation Bonds was copied for Council and referred to the Priori t:y Item earlier on the agenda. A letter dated September 13, 1993, from Dana Roberts encouraging the direction to city staff to make thorough ESA reviews in tune with the spirit and coverage of the Environmentally Sensitiv,e Areas ordinance and procedures was copied for Council. A letter dated September 13, 1993, from Richard Wojt, Robert Hinton, Glen Huntingford, Jefferson County Board of Commissioners, asking the City to consider the pros and cons of establishing a separate Shoreline Commission for the City was copied for Council. A letter dated September 14,1993, from Michael Hildt to Earnest Callahan, Jr, in response to his complaint about noise from the Safeway store was copied for Council. A memorandum dated September 14, 1993, from Bart Phillips, Executive Director, Economic Development Council, requesting assistance in reviewing a proposal to recruit and expand the marine trades industry in Jefferson County was copied for Council. A memorandum dated September 15, 1993, from Randall BracJcett in response to the letter of complaint from Jon Larson dated September 7,1993, was copied for Council. A memorandum dated September 15,1993, from Williene Harris, puget Power, enclosing an easement package which needs to be executed by the City in order for puget Power to install the needed underground system within the right of way of Calhoun Street southerly of Water Street was copied for Council and referred to New Business later on the agenda. A letter dated September 16, 1993, from John Clise to Myrtle McDonald in response to her concerns regarding Scotch Broom was copied for Council. A letter from E. Zahn stating concerns for the Kur Ort Resort project was copied for Council on September 16,1993, and referred to the Legislative/Environmental Committee. A letter dated September 17, 1993, from Gary Novak representing Al ternati ve Residential Forum (ARF) with a proposal to turn the present animal shelter into a homeless shelter was copied for Council and referred to the Community Services Committee. This concludes the Consent Agenda. PUBLIC HEARINGS Local Regulation of Cable Television. Mr McLerran explained that the Cable Television Consumer Protection and Competition Act of 1992 re-regulates cable television franchises and provides several options for local government. Two options are: 1) to regulate basic cable service rates and 2) holding the local cable company to minimum customer service standards identified in the regulat,ions of the Federal Communications Commission. Mr McLerran then explained the following resolutions. Mayor Clise opened the hearing to the 403 404 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993, Cont. Public. There being no testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. Mr Grove explained that notice of this hearing was published in the Leader and that anyone who has written to the City about cable television in the last year or so was sent a letter with a copy of the notice. RESOLUTION NO 93-111 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO FILE, ON BEHALF OF THE CITY OF PORT TOWNSEND, A WRITTEN CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO THE CABLE TELEVISION CONSUMER PROTECTION ACT OF 1992 (CABLE ACT OF 1992) TO ENABLE THE CITY OF PORT TOWNSEND TO EXERCISE RATE REGULATORY AUTHORITY UNDER THE CABLE ACT OF 1992. Councilmember Sokol made a motion that the Council adopt Resolution No 93-111 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. RESOLUTION NO 93-112 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO NOTIFY SUMMIT CABLEVISION BY LETTER THAT THE CITY OF PORT TOWNSEND WILL REQUIRE SUMMIT TO MEET THE MINIMUM CUSTOMER SERVICE STANDARDS PREPARED BY THE FEDERAL COMMUNICATIONS COMMISSION UNDER THE AUTHORITY OF THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992. Councilmember Sokol made a motion that the Council adopt Resolution No 93-112 which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Variance Application No. 9306-09 - Madge Wallin. Ms Bloomfield, Planner, reviewed the findings and conclusions of the Planning ComInission recommending denial of the variance as well as a draft for consideration recommending approval of the variance. Councilmember Wolpin stated that she had visited the site to look at the wall, saw Ms Wallin but did not discuss it. Mayor Clise opened the hearing to the Public. Tom Wheeler, Attorney representing Ms Wallin, was recognized, presented pictures which were marked as exhibits 1 through 10, gave a history of the property and the fence and requested that the variance be granted. George Prindle was recognized and spoke of his concerns about the preservation of the mural on the wall in question and requested that the variance be granted. Madge Wallin was recognized and invited the Councilmembers to come to view the fence and see what has been done to the house, explained that the fence is 137 feet long, 3 feet high for 20 feet back from the street, 88 inches high along the neighboring building on the property line instead of the allowed 72 inches, which is less than 1% of the total fence and is buil t out of concrete blocks. Ms Wallin stated she feels the fence is to protect her historic property. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. After questions to Ms Bloomfield of grade, fence height, testimony at the Planning Commission, height of the rest of the fence that is not finished, observations and concerns by Councilmember Wolpin, discussion of light blocking, when the mural was painted, administrative variance process, an engineering approval for structural safety, and the portion of the wall affected, Councilmember McCulloch made a motion that the Council adopt the following findings, conclusions and conditions and approve Variance Application No 9306-09 which was seconded by Councilmember Camfield and passed unanimously by voice vote. I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20,1993, Cont. Findings: 1. The applicant has constructed a cut-faced, concrete, masonry- unit fence along the southern property line located at 535 Fillmore Street. A section of the fence is greater than 8 feet in height. The Port Townsend Municipal Code (PTMC) limi ts fence height to a maximum of six feet, there!fore a variance is required to allow the fence to remain. 2. Solid fences which are a maximum of three feet high, mE~asured from the ground on which the fence stands, are permi ttE~d from the twenty-foot setback line, to the street right-of-way. Beyond the 20-foot setback fences of a maximum height of six feet are allowed. 3. The subject portion of the fence is setback from thE! front property line 20 feet and is approximately 24 feet in length as is illustrated on the site plat marked Exhibit 1. The fence measures over 8-feet-7-inches in height near the 25- foot-setback point; over 8-feet-3-inches in height near the 43-foot-setback point; and near the 44-foot setback point, just beyond the location of the neighboring tourist home, the fence is reduced in height to 5-feet-10-inches in height. The non-conforming fence came to the attention of the City i:hrough the complaints of two neighboring property owners. 4. The subject site is legally described as Lots 2 and 4 along with the east 27 feet of Lot 6, Block 108 of the Original Townsite Addition to the City of Port Townsend. 5. Fillmore Street abuts the subject property to the east of the site, Clay street on the north, a resident to the west, and the Chanticleer Inn to the south. 6. An existing tourist home unit is located on the southern property line. The fence was constructed approximately 3 inches from the tourist home. Based on site plans submitted by the applicant, it appears that both the fence and the tourist home are built to approximately a 20-foot front setback. The fence is no closer to neighboring Fillmore Street than is the neighboring tourist home. 7. The home which exists on the subject site is approximately five feet from the subject fence. 8. The Uniform Building Code (UBC) requires all retaining walls more than four feet in height to be engineered. The subject fence also acts as a retaining wall, and currently holds back soils of two and one-half to three and one-half feet in depth. In addition, the UBC requires all fences greater than six feet in height to get a building permit. The subject fencle is 8- feet in height. 9. section 301(B) of the UBC exempts all fences not over six feet high, however, the section goes on to say that exemption from a building permit does not grant authorization for any work to be done in violation of the provision of the UBC or any other laws or ordinances of the City. The Building Official has identified obvious safety concerns based on the proximity of the fence to the adjacent grandfathered outbuilding and the applicant's house. 10. The applicant states that the fence is necessary to provide fire protection from hazards on the neighboring property. 11. City fire department personnel made an inspection of the site and determined that the existing conditions are in conformance with the Uniform Fire Code. In addition, fire department 405 406 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20,1993, Cont. personnel stated that the subject wall would not'serve as a fire wall in its current state. Conclusions: 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. Due to the non-conforming setback of the tourist home unit (out building) on the adjacent lot, special conditions and circumstances exist which are peculiar to the subject land. The fence will not have a setback any closer than the existing outbuilding nor a height which would have a negative impact on light, space and air. Therefore, a literal interpretation of the provisions of Title 17 would deprive the property owners of the rights commonly enjoyed by other properties similarly situated in the same district. 2. 3. Because of the non-conforming setbacks of the neighboring tourist home and the location of the fence directly adjacent to the existing building the height of the fence relative to the building the variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 4. The granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. 5. The reasons set forth in the above-referenced application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land. 6. The granting of the variance would be in harmony with the general purpose and intent of Title 17 (Zoning) of the Port Townsend Municipal Code. In consideration of the aforementioned findings and conclusions, the City Council grants the variance as conditioned: 1. All fences existing or proposed at heights greater than six feet shall apply for a building permit. 2. The subject portion of the fence, which is in excess of 6 feet in height, shall not be further increased in height, and the remaining portion of the fence shall conform to the setback and height restrictions set forth in subsection 17.36.010 (Fences and Hedges) PTMC. 3. The applicant shall submit a report on the fence which is stamped by a licensed and registered Washington State Engineer. The report shall address engineering for vertical and horizontal stability, wind and seismic considerations, as well as any sur charges placed on the fence due to a changes in grade. Variance Application No. 9308-03 - City of Port Townsend. Ms Bloomfield reviewed the findings and conclusions of the Planning Commission recommending approval of the variance. Mayor Clise opened the hearing to the Public. Mr Wheeler was recognized and spoke in favor of the variance. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. After a brief discussion, Councilmember Wolpin made a motion that the Council adopt the following findings and I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20,1993, Cont. conclusions and approve Variance Application No 9308-03 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Findings: 1. The applicant proposes to replace an existing legal, non- conforming wire fence with a similar 7-foot-high chainlink fence in the P-I zone. The fence, which surrounds a city reservoir, is located on Blocks 12 and 13 of the Mountain View Addition to the City of Port Townsend. 2. The Port Townsend Municipal Code limits fences to a height of three feet wi thin 20 feet of a street right-of-way and a maximum height of six feet overall. The applicant proposes a 6-foot-high chainlink fence with a 1-foot barbed wire extension. Therefore, a variance is required to install the fence. 3. The site is surrounded by single-family residential development and is bordered by partially developed Reed Street to the north, Quincy street to the east, and platt~ed but undeveloped Taylor and Root streets to the west and south. 4. The existing wire fence varies from location to 10ca1:ion in height and construction materials, but is, on the average, approximately five feet in height. The fence is currently in a state of disrepair, and in some places is being overtaken by brush. 5. The applicant states that the existing fence was installed approximately 80 years ago. Because the fence was built prior to the existence of the PTMC the existing fence is of a legal, non-conforming height. 6. The City has recently become concerned with liability and public safety at the reservoir due to recent cases of local children and teens entering the site without permission or supervision. City personnel cite incidents of skateboarding, boating and swimming in the city reservoirs, as well as tampering with city water valves and equipment. 7. The reservoir is located at the highest elevation of Morgan Hill The new fence will closely follow the property lines of the subject blocks, and will stand approximately six feet in height with an additional foot of barbed wire. The fence is intended to prevent trespass. Conclusions: 1. The proposed variance would not amount to a rezone nor consti tute change in the district boundaries shown on the official zoning map. 2. Because the reservoirs currently pose a possible public safety hazard, and beeause a similar fence to the one reques'ted has existed on the site since well before the zoning code, special conditions and circumstances exist which are peculiar to the subject land. Therefore, a literal interpretation of the provisions of Title 17 would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the same district. 3. The variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 4. The granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in 407 408 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20,1993, Cont. the vicinity and zone in which the subject property is situated. In fact the variance would help to insure public safety. 5. The reasons set forth in the above-referenced application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land and provide for public safety. 6. Because the granting of the variance would be in harmony with the general purpose and intent of Title 17 (Zoning) of the Port Townsend Municipal Code, the City Council hereby approves the above-referenced variance. UNFINISHED BUSINESS Revision to Conditional Use Permit 8912-07 - James Swan Hotel. Mr Robison gave the background of this conditional use permit and reviewed the current revisions. Councilmember Sokol left the chambers due to a possible appearance of fairness or conflict of interest. Discussion of the project in relation to Shoreline jurisdiction and whether the conditional use permit and building permit application had expired, parking by employees in the downtown parking district, including Mr McLerran ensued. After discussion of the need for four affirmative votes, this item was continued to October 4, 1993, on the advise of the city Attorney. Councilmember Sokol returned to the Chambers. RECESS Mayor Clise declared a recess at 9:25 PM. at 9:29 PM. The meeting reconvened Bid Acceptance on Renovation of Marine Park Building. RESOLUTION NO 93-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING A & A CONTRACTING TO BE THE LOWEST RESPONSIVE RESPONSIBLE BIDDER FOR RENOVATING THE POPE MARINE BUILDING. After a brief review of the bid from A & A Contracting by Mr Brackett, Councilmember McCulloch made a motion that the Council adopt Resolution No 93-113 which was seconded by Councilmember Owsley and passed unanimously by voice vote. Bid Acceptance of Biosolids Wetland Plantings. RESOLUTION NO 93-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING P & G LANDSCAPING, INC TO BE THE LOWEST RESPONSIVE RESPONSIBLE BIDDER FOR WETLAND PLANTINGS AT THE BIOSOLIDS COMPOSTING FACILITY. Mr Wheeler and Mr McLerran explained the bid opening procedure because two bids were delivered at 2: 30 PM by way of Federal Express and were not opened as the deadline was 2:00 PM. Councilmember Wolpin made a motion that the Council adopt Resolution No 93-114 which was seconded by Councilmember Camfield and passed unanimously by voice vote. Ballot Issue on Emergency Medical Services Levy. Mr Grove explained that the Emergency Medical Services Levy passed and that there will be a meeting on September 24, 1993, to get the final details. I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20,1993, Cont. NEW BUSINESS puget Power Easement Request - Calhoun Street. RESOLUTION NO 93-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN EASEMENT AGREEMENT WITH PUGET POWER TO LOCATE AN UNDERGROUND ELECTRIC SYSTEM IN THE CALHOUN STREET RIGHT-OF-WAY. Ms Bloomfield explained the resolution. Councilmember Sokol made a motion that the Council adopt Resolution No 93-115 which was seconded by Councilmember Owsley. After discussion of landscaping at the BayVista project, the motion passed unanimously by voice vote. Resolution Segregating Assessments for LID No 1. RESOLUTION NO 93-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CLERK/ TREASURER TO SEGREGATE CERTAIN ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT NO 1. Mr Grove explained the resolution. Councilmember Sokol made a motion that the Council adopt Resolution No 93-116 which was seconded by Co.ncilmember McCulloch and passed unanimously by voice vote. MAYOR'S REPORT RESOLUTION NO 93-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND EXPRESSING SUPPORT FOR OUTREACH SERVICES TO DAY CARE CHILDREN, THEIR PARENTS, AND CAREGIVERS AT PORT TOWNSEND PUBLIC LIBRARY. Mayor Clise explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 93-117 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Mayor Clise explained that the County Commissioners have approved an ordinance proposing a .1 of 1% increase in the sales tax for the purpose of funding the criminal justice system which includes the city of Port Townsend. The sales tax will be 7.9% as of October 1, 1993, and will mean an increase to the City of approximately $60,000.00 in 1994. Mayor Clise reported that the City has received a lettE!r from Jefferson County Commissioners Hinton and Huntingford requesting that the contract for recreation services be amending to have the additional utility charges for the pool passed on to the City. A discussion ensued during which Councilmember Camfield explained the posi tion of the school district. Mayor Clise explained that regional services are being discussed with the County and that this issue can be discussed at that level. After further discussion of recreation services, Councilmember Camfield explained that a grant applicåtioh ~rom. tn..e ,coca.. Cola Homers fO. ~.Amer.~cé.ca fo~ comP.letion of th~ sSdÞnd t1e¡~ at tne ,prqþqsed hew m~qd~e sç~ol 1S peing Worked on. Councilmember Owsley made a motion that the Council 1i11rite a letter of support for this application which was seconded by 409 410 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993, Cont. Councilmember Sokol and passed unanimously by voice vote with six Councilmembers voting in the affirmative and Councilmember Camfield abstaining. COMMITTEE REPORTS/STAFF REPORTS Street Development Permits. Digging Permits. Street Trees & SEPA. Mr Wheeler reviewed his memorandum updating Council on where Public Works, the Planning Department and the City Attorney's Office are on this issue at the present time. Mr Wheeler then reported on his investigation of concerns regarding the Cooper digging permit issue. Mr McLerran commented that the focus is on putting together some ordinances and procedures that work for all departments involved as well as developers and the public. Street Development Permit for Vantage Homes. Mr Wheeler explained the proposal by Vantage Homes for putting in a paved street where homes are being built. Mr Wheeler explained that in the future Public Works will be coming before Council for their policy on how to proceed. Mr McLerran explained that the issue has implications wi th respect to affordable housing, and implications with the confidence the public has that conditions being imposed by the City are actually going to be implemented. This is more of a policy issue rather than a legal issue. He then explained normal development circumstances in other places and the difference with Port Townsend and how it can be dealt with. This subject will be back for discussion by Council at a later date. Legislative/Environmental. Councilmember Wolpin reported that the Committee had met and discussed the public benefit rating system and some issues brought up by citizens regarding determination of environmentally sensitive areas. Some of the questions raised are still being investigated and will be reported on at a later date. Finance. Councilmember Owsley reported that the Committee had met and discussed the Capital Facilities Planning Procedures with Mr Hildt. There are no decisions to be made at this time. Councilmember Owsley made a motion that $2500.00 be moved from the Library Fund reserve to the 1993 Budget to implement the automated system which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Councilmember Owsley made a motion that monies collected for Burn Permits in the Fire Department be transferred to Equipment Repair and Maintenance in the 1993 Budget which was seconded by Council- member Wo1pin and passed unanimously by voice vote. Parks and Property. Councilmember Camfield reminded the ComInittee that there will be a meeting of the Committee at noon on September 23, 1993. Public Works. Mr Wheeler explained the Press Release by the Public Works Department regarding a fire in the wood chip pile at the compost facility on Tuesday, September 14, 1993. Mr Wheeler announced that on September 25, 1993, from 10:00 AM to 2:00 PM the Tidal Park will be replanted and all volunteers are welcome. Mr Wheeler explained that Union Wharf is being evaluated at this point in time and permit issues are being discussed. Mr Wheeler explained that the full Wastewater Treatment Plant is not operational at present but there are sections that are being used. The,dedication is very close. A discussion of an article from "Waterweek" regarding giving water systems up to 60 months to comply with new rules instead of the I I I I I I MINUTES OF THE REGULAR SESSION OF SEPTEMBER 20, 1993, Cont. current limit of 18 months as well as discussions wi"th the Department of Health about the Surface Water Treatment Rule and other costs ensued. COUNCILMEMBERS GENERAL DISCUSSION Mr McLerran explained the letter from Washington Cities Insurance Authori ty regarding the G2-B suit stating that it is a s1:andard letter that is sent every time there is a claim to them (WCIA). . ADJOURNMENT There being no further adjourned at 11:20 PM. or Clise declared the meeting Attest: Mayor . ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF OCTOBER 4, 1993 The city Council of the city of Port Townsend met in regular session this Fourth day of October, 1993, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Councilmember Vern Jones was excused. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. Others present included members of the Jefferson-Port Townsend Shoreline Management Advisory Commission. PROCLAMATION Mayor Clise proclaimed October 5, 1993, as Jim Orsborn Day in recognition of his 25 years of service with the City. CONSENT AGENDA Councilmember owsley made a motion to approve the followin9 items on the Consent Agenda which was seconded by Councilmember Sokol. During discussion, it was clarified that Jim Ramey's permit application is still pending but may be withdrawn. Councilmember McCulloch clarified that the letter from Mike and Janice Bohart inferred that they had spoken to her about the Kur Ort proposal and explained that she had suggested that they write to Council as she could not comment on it. The motion passed unanimously by voice vote. Approval of the Minutes for August 16, 1993, as written 1¡.¡ithout reading. Approval of the following Bills and Claims: Current Expense street Library $ 124,508.33 4,947.39 5,511.14 411