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HomeMy WebLinkAbout11/21/1989 309 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. COUNCILMEMBERS GENERAL DISCUSSION I Earthquake Study. Councilmember Clise recommended that: the Council start working on what can be done in the city regarding the damage potential here. The city should take the lead in finding out what can be done to make its buildings more earthquake proof or damage resistant and what the real problems are. Water-Sewer Committee Meeting. Councilmember McCulloch set a meeting of the Committee for 5:00 PM, November 14, 1989, to give an update from the Watershed Advisory Committee and to discuss water policy. Storm Drain and Secondary Sewer. Councilmember Owlsey asked the status of the storm drainage improvements. Mayor Shirley reported that the city will have the consultants give a report by the second meeting in December and will be going to bid on the Storm Drainage System and the Secondary Sewer Treatment Plant in the near future. Leone Richmond Suit. Councilmember Owsley asked the status of the suit and reported that Ms Richmond has been hospitalized. Mr Harper reported that there is a possibility that t:his may be settled out of court and is waiting to hear from her attorney. EXECUTIVE SESSION I Mayor shirley announced an Executive Session at 8:55 PN to discuss details of a land purchase when public knowledge might affect the price, to discuss litigation in which the governing body is likely to become a party and public knowledge regarding the discussion is likely to result in an adverse legal consequence to the city and labor negotiations including Chief Howard Scott, Keith Harper, David Grove, Michael Hildt and Ted stricklin. The meeting was reconvened at 9:55 PM, with all Councilmembers present. ADJOURNMENT There being no further business, Mayor shirley declared the meeting adjourned at 9:55 PM. ~ Mayor Attest: ~ rNk- Clerk-Treasurer I MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989 The city council of the city of Port Townsend ~et in regular session this Twenty-first Day of Novem~er, 1989" l,n t,he Council Chambers of City Hall, Mayor Brent S Shlrley presldlngn ROLL CALL councilmembers present at roll call were Jean Camfield, .John Cli~e, Vern Jones, Mike Kenna, Julie McCulloch and Norma OwSley: Councll- member Karen Chang was excused. Also present ,were Cler}~-Treasurer David Grove, City Attorney Keith Harper, PubllC Works D:Lrector Ted 310 MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989, Cont. stricklin, Director of Planning and Building Michael Hildt and Assistant Planner Kevin O'Neill. PUBLIC COMMENTS Two costumed representatives of the Salmon Festival to be held in Chimacum on November 25, 1989, paraded through the Council Chambers. I Milton Foss, a Cape George resident, was recognized and spoke against the Cape George Sewer District sending septic waste to the Secondary Treatment Plant saying that there is nothing indicating the system is needed in Cape George and citing septic waste (sludge) in a treatment plant as an unsolvable problem. Gary Kaiser, representing citizens for Point Hudson, a group of local residents concerned about the impact of trailers at Point Hudson on our community, was recognized and spoke against the proposed recreational vehicle park expansion at Point Hudson. Andrew Thurston, also representing the citizens for Point Hudson, was recognized and stated that the Point Hudson property will revert back to public stewardship in twelve years and they want whatever is done with the property to be compatible with that long range goal. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice vote. I Approval of the Minutes of November 7, 1989, as written without reading. Approval of the following Bills and Claims: Current Expense Street Library Renovation Park Emergency Medical Services Capital Improvement Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Setting Hearings: $ 3,964.89 154.62 1,460.00 741.59 182.72 4,674.80 23,123.69 371.58 1,719.37 43.40 $ 36,436.66 Conditional Use Permit No 8908-01 -Sperry for Dec 5, 1989 Rezone Application No 8909-01 -Hassrick for Dec 5, 1989 **Variance Application No 8909-04 -Brueckman for Dec 5, 1989 Approval of License: I Communications: Andrew Thurston as a Side Sewer Contractor A letter dated October 25, 1989, from Melanie A Bozak, 1990 Chairman, Rhododendron Festival Association, requesting $2,500.00 for float construction and travel expense was copied for Council and referred to the 1990 Budget Hearing. **See Page 312, Variance Application No 8908-04 -Brueckman Hearing 311 MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989, Cont. I An Environmental Checklist dated November 6, 1989, from DiGuisto Enterprises Ltd, for a proposed development consisting of removal of all brush and debris and installation of compacted fill material and hydroseed on Lots 2,4, and 6, Block 92, Original Townsite, was copied for Council and referred to the Legislative/Environmental Committee. A letter dated November 8, 1989, from Del Graham reqUi3sting that the city seek another cable television company that would provide "off-the-air" broadcasts being discontinued by the Port Townsend Cable TV Company was copied for Council and referred to the Community Services Committee. A letter dated November 8, 1989, from Richard S Symms, President, Point Hudson Company, including seven sets of plans for the proposed recreational vehicle park at Point Hudson was copied for Council and referred to the Legislative/Environmental Committee. A letter dated November 15,1989, from Jerry Osborne outlining the need for changes in the Home Occupation sections of the Port Townsend Municipal Code was copied for Council and referred to the Planning commission. A letter dated November 16,1989, from Betty J Anderson on behalf of the North Beach/Treatment Plant area residents stating the need for treatment of odor from the Sewer Treatment Plant and offering to host a meeting of interested neighbors and city officials was copied for Council and referred to the Water-Sewer Committee. I A letter dated November 17, 1989, from Mayor Shirley to All Affected Businesses regarding the ban on the use of styrofoam food containers which goes into effect on January 1, 1990, including a question and answer sheet and three copies of the required public notice, was copied for Council. This concludes the Consent Agenda. PUBLIC HEARINGS I Condi tional Use Permit Application No 8909-02 -Bay Vista. Mr O'Neill reviewed the findings, conclusions and conditions of the Planning Commission and previous public hearings and permits for the proposal to construct a 3 story, 11 unit condominium located at 1805 Water Street in the C-III zoning district. Mayor Shirley opened the hearing to the public. Scott Walker was recognized and spoke saying he would like to see the sidewalk buffered from the street by the plantings instead of the plantings buffered by the sidewalk. Jean Anderson was recognized and spoke about the side setback. Mark Johnson was recognized and responded that the side setback is wider than required by code, which is zero. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After a lengthy discussion, councilmember Clise made a motion to deny Conditional Use Permit Application No 8909-02 which was seconded by Council- member McCulloch. The motion was defeated by roll call vote with Councilmembers McCulloch, Kenna and Clise voting in the affirmative and Counci lmembers Owsley, Jones, and Camf ield voting against. Mayor Shirley exercised his statutory authority to break a tie by voting against the motion. Councilmember Kenna made a motion to table this until the next meeting which was seconded by Council- member McCulloch and passed by voice vote with Councilmembers Jones, Kenna, McCulloch and Clise voting in favor and Council- members Owsley and Camfield against. Parking and Loading Ordinance. Mr Hildt thanked the citizens and members of the Planning commission who have worked on this during the past months. He then reviewed the process this ordinance has 312 MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989, Cont. been through and the ordinance briefly. Mayor Shirley opened the hearing to the public. Sheila Westerman was recognized and commented on the use of parking requirements to encourage the use of existing structures, long-term vacant space in existing historic structures not getting any credit, joint use of parking spaces and the wording regarding ferry landing parking. Gary Swett was recognized and spoke in favor of the ordinance, in favor of giving presently unoccupied space in the buildings credit for parking requirements and questioned the use of Quincy Street as a one-way street in respect to parking spaces added and the possible restriction of access to the Uptown District. There being no further testimony, Mayor shirley closed the hearing to the public and turned to the Council for disposition. After discussion of possible additional ferry landing or other commercial vessel parking requirements, the change in use of a building, etc, Councilmember Jones made a motion to continue this discussion until the next meeting when the changes suggested tonight as well as those by the city Attorney can be included which was seconded by Councilmember Camfield and passed unanimously by voice vote. I COMMITTEE REPORTS RESOLUTION NO 89-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING AN INTERAGENCY LEASEHOLD AGREEMENT WITH WASHINGTON STATE PARKS Mr Grove explained the resolution. Councilmember Kenna made a motion that the Council adopt Resolution No 89-86 including conditions one, three and four of Resolution No 89-80 which was seconded by Councilmember Clise and passed unanimously by voice vote. I Firefighter/Paramedic position. Mayor Shirley explained that a letter from Howard Scott, Fire Chief, was received by Council stating that the Washington State Department of Retirement Systems has granted disability retirement to Roy Grewell effective November 1, 1989, and requesting authorization to hire the candidate #1 on the Firefighter/Paramedic eligibility list as of January 2, 1990. Councilmember Clise made a motion that the Council approve the position of Firefighter/Paramedic and that the 1990 Budget be modified to reflect the change which was seconded by Councilmember Jones and passed unanimously by voice vote. Out of State Travel. Councilmember Clise made a motion to approve out of state travel for Councilmembers Julie McCulloch and Mike Kenna to attend the Governor's Watershed Enhancement Conference on January 11 and 12, 1990, at the LaSells Stewart Center in Corvallis, Oregon, which was seconded by Councilmember Camfield and passed unanimously by voice vote. Variance Application No 8908-04 -Brueckman Hearing. Mr Hildt reported that a letter dated November 20,1989, from Dee Brueckman and Oskars Petersons requesting that the city stop any further action on the variance pending questions to the City Attorney postpones the hearing indefinitely. I Street/Storm Drainage/Light. Councilmember Jones set a meeting of the Committee for 5:00 PM on December 5, 1989. 1990 Budget Hearing. Mayor Shirley announced that the 1990 Budget Hearing is scheduled for December 4,1989, at 7:00 PM. Legislative/Environmental. Councilmember Kenna reported that Robert Vig has not attended a meeting of the Committee regarding his environmental checklist to fill a portion of the gully next to Jefferson Transit on Sims Way. 313 MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989, Cont. Councilmember Kenna reported that more information is needed from DiGuisto Enterprises for the environmental checklist to fill property on Monroe Street next to Memorial Field. I Councilmember Kenna also reported that the Committee has met with Richard Symms regarding the Point Hudson project and that Point Hudson Company does not wish to address the project on a cumulative basis. It has been suggested by the City Attorney that this be discussed in Executive Session because of possible litigation. Councilmember Kenna set a meeting of the Committee for 6:30 PM on December 5, 1989, to discuss the Binding Site Plan Ordinance, the checklist from DiGuisto Enterprises and the checklist on the Draft Sign Code. Water /Sewer . Counci lmember McCulloch reported that thi3 committee has met and was informed that the Watershed Advisory Committee has been formed and is still in it's goal setting stage. The committee consists of a representative from the Port Townsend Paper Company, County Commissioner Larry Dennison, Cathy Snow from the Forest Service, Bart Philips from the Economic Development Council, a representative from the Quilcene Ancient Forest Coalition, Lee Lewis and herself. The Committee discussed water policy and re-affirmed the City's intention to conf ine water sales to wi thin it's service area. People making requests for water service outside the city service area are referred to the City Council. I A copy of the proposed rules and regulation changl3s for the Department of Natural Resources were in the Council packets tonight so that action at the next meeting can be considered. An odor neutralizer will be tried at the Sewer Treatment Plant and complaints will be monitored to give an idea of its effectiveness. Councilmember McCulloch reported that the Committee had met with Gordon Nicholson of CH2M Hill who will make a presentation to the Council on the plans for the construction of thE! Secondary Treatment Plant as well as the Storm Drainage Plan. It was suggested that the Council meet at 6:30 PM on December 19, 1989, in order to give full time to these presentations. I Mayor Shirley requested that property owners in the North Beach area be notified of the 6: 30 PM time of the meeting on December 19, 1989, as well as the presentation of the construction plans for the Secondary Treatment Plant. Councilmember McCulloch reported that Mr Nicholson presented the proposed scope of work for construction engineering services for the Secondary Treatment Plant which will be presented to the Department of Ecology in order to secure grant funding and that it has been divided into tasks and each one will be negotiated separately with CH2M Hill as we proceed. Tasks 1, 2 and 3 are necessary now in order to go to bid and have to be submitted with the grant application. RESOLUTION NO 89-87 A RESOLUTION OF THE CITY COUNCIL OF THE CI']'Y OF PORT TOWNSEND APPROVING THE SCOPE OF WORK AND BUDGET FOR CONSTRUCTION ENGINEERING SERVICES FOR THE SECONDARY WASTEWATER TREATMENT PLANT. Councilmember McCulloch made a motion that the Council adopt Resolution No 89-87 which was seconded by CouncilmembHr Clise and passed unanimously by voice vote. 314 MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989, Cont. Capital Improvement Plan. Mayor Shirley explained the draft of a proposed 1990-93 Capital Improvement Plan that was copied for Council and that it will be referred to during the 1990 Budget Hearing and at the Council Retreat. 1990 Budget Hearing. Mr Grove explained that a packet of letters and requests for funds from various organizations and Department Heads for the 1990 Budget Hearing will be distributed to Council as a part of the budget-making process prior to the hearing. I Farewell Reception for Walter Truitt. The Council received an invitation to the Farewell Reception for Walter Truitt at the st Paul's Episcopal Church on December 10,1989. Councilmember Jones will represent the Council at the reception. Legislative/Environmental. Councilmember Kenna made a motion that the Council make a Mitigated Declaration of Non-Significance for both Environmental Checklists for the Port of Port Townsend for ballasting for boat storage a portion of Jefferson Street between two existing boat yards and an area between 8th Street and leased land by Port Townsend Lumber which was seconded by Councilmember Jones and passed unanimously by voice vote. The mitigating measures are as follows: 1. Due to the proximity of the shoreline and the l~kely increase in storm water runoff, a storm drainage plan shall be sub- mi tted to and approved by the City Counci I and washington state Department of Ecology within six months of this determination. 2. A License Agreement between the City and the Port shall be executed for the Port's use of Jefferson Street, subject to review by the city Council within nine months of execution. I Sewer Connection Ordinance. Mr Hildt mentioned his memorandum and attached draft sewer connection ordinance which was on the Council- member's desks tonight and which will appear on the agenda for the next meeting. UNFINISHED BUSINESS RESOLUTION NO 89-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH JEFFERSON COUNTY FOR DISTRICT COURT, HEALTH, JUVENILE, RECREATION, DISPATCH AND ALCOHOL REHABILITATION SERVICES. Mr Grove explained the resolution and that the memorandum of under- standing is for the Budget Years 1990 through 1994. Councilmember Clise made a motion that the Council adopt Resolution No 89-88 which was seconded by councilmember Jones and passed unanimously by voice vote. NEW BUSINESS I Approval for Call for Bids on Loader. Mayor Shirley explained the need for the loader. Councilmember Owsley made a motion that the Council authori?e the call for bids which will be accepted until 7:30 PM, Decemþer 19, 1989, and opened and read aloud during the Council Meeting that night which was seconded by Councilmember Camfield &pd passed unanimously by voice vote. Ordinance Amending 1989 Budget. Mr Grove explained that this ordinance will be ready for introduction at the December 5, 1989, meeting. 315 MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989, Cont. COUNCILMEMBERS GENERAL DISCUSSION I Treatment Plant Odor Suppression. councilmember Camfield questioned the need for the meeting Betty Anderson requested. Mr stricklin stated that Ms Anderson will be advised of and asked to attend the Council meeting of December 19,1989, and that the odor neutralizer will be tried. Septage. Councilmember Clise questioned if the Public Works Director is aware of the sludge problem brought up by Nr Foss. Mr stricklin stated that the engineers are aware of the problem. Cable TV Franchise. Councilmember Camfield questioned vThat control the city has, if 'any, over what is or is not offered in the cable TV franchising. Mayor shirley and Mr Grove explained that we do not have an exclusive franchise, the City does not have! regulatory authority, the franchise only regulates the amount in the form of a fee paid to the city and that it would probably be cost pro- hibitive for another company to come into town. As long as the fees are paid and the agreement is not violated, t~here is no provision for it to be cancelled. Department of Natural Resources Rules and Regulations Changes. Councilmember McCulloch explained that the Department of Natural Resources is streamlining the forest practices process and is working on the improvement of communications between thE!msel ves and local governments and landowners. These rule changes are currently in the Public Comment period until December 15,1989, and Council- member McCulloch will prepare a resolution in support of these changes for consideration at the next Council Meeting. I Risk Management Regarding Surplus Items. CouncilmE~mber Kenna questioned if the City gives anyone a "Hold Harmless Agreement" after the sale of surplus items. Mr Grove responded that it is worth considering for the future, but has not been done in the past. Earthquake Study. Councilmember Clise questioned if thE~re has been any followup on his suggestion that the City look into the damage potential to city property in the case of an earthquake. Mayor Shirley responded that there will be a presentation during the Council Retreat. A discussion of seismic retrofitting ensued. EXECUTIVE SESSION Mayor Shirley announced an Executive Session at 9:33 PH to discuss details of a land purchase when public knowledge might affect the price, to discuss litigation in which the governing body is likely to become a party a~d public knowledge regarding the discussion is likely to result in an adverse legal consequence including David Grove, Keith Harper, Michael Hildt and Ted Stricklin. The meeting was reconvened at 9:58 PM, with all Councilmembers pre!sent. I ORDINANCE NO 2171 AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY DESCRIBED }"S LOTS 1 THROUGH 6, INCLUSIVE, AND LOT 8, BLOCK 11, CALIFORNIA ADDITION TO THE CITY OF POF~T TOWNSEND, IN JEFFERSON COUNTY, WASHINGTON. Mr Harper explained the ordinance. Mr Grove read the ordinance by title. Councilmember Clise 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. councilmembér 316 MINUTES OF THE REGULAR SESSION OF NOVEMBER 21,1989, Cont. Camfield made a motion that the Council adopt Ordinance No 2171 which was seconded by Councilmember Jones and passed unanimously by roll call vote. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:01 PM. I Attest: )~ cUL- Clerk-Treasurer MINUTES OF THE SPECIAL SESSION ON DECEMBER 4, 1989 The City Council of the City of Port Townsend met in special session this 4th day of December, 1989, in the Council Chambers of City Hall at 7:00 PM, Mayor Brent S Shirley presiding. ROLL CALL councilmembers present at roll call were Jean Camfield, Karen Chang, John Clise, Vern Jones, Mike Kenna, Julie McCulloch, and Norma Owsley. Also present were City Attorney Keith Harper, Public Works Director Ted stricklin, Clerk-Treasurer David Grove, Director of Planning and Building Michael Hildt, Police Chief Robert Hinton, and Librarian Beverly Shelton. I SPECIAL BUSINESS Mayor Shirley explained that this budget has much more written information than in the past and that it is his proposal at this time. He indicated that the council will now receive public testimony about the proposed budget for 1990. He clarified that in addition to the request for two new positions in the Planning and Building Department, there is an additional full time position in the street Department proposed. The Mayor then opened the hearing to the public. Bill Schwilke was recognized and complained about the budget for the Fire Department and Emergency Medical Services and asked that the council appropriate the funds to hire two additional full time firefighters. Lee Lewis was recognized and spoke in favor of the appropriation for the Water Shed Advisory Committee. Jack Westerman was recognized and spoke in favor of tourism promotion from the Hotel-Motel Transient Tax Fund requesting that $2,000 be added to the appropriation to fully fund their request. Cheryl Van Dyke was recognized and presented the council with another copy of the total budget for the Chamber of Commerce. Sally Talbert was recognized and requested that a sidewalk be constructed in the vicinity of Grant Street School. Steve Corra was recognized and requested that the council increase the budget for the Parks Department to allow a third full time employee to be hired. Bob McGarraugh was recognized and requested that the council increase the appropriation for support of the Domestic violence Sexual Assault Program by $1,000. He presented them with a letter dated December 4, 1989, which he read in full. Steve Hayden was recognized and expressed his support for the request to hire a third full time person for the Parks Department. Scott Walker was recogniz,ed and requested that more funds be appropriated to improve pedestrian safety and that more I