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HomeMy WebLinkAbout11/07/94 Unsigned MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994 The City Council of the City of Port Townsend met in regular session this Seventh day of November, 1994, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Dan Harpole, Julie McCulloch, Diane Perry-Thompson, Ted Shoulberg, Robert Sokol, and Sheila Westerman. Also present were Clerk- Treasurer David Grove, Police Chief Jim Newton, City Attorney Timothy McMahan, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. INTRODUCTIONS AND/OR RECOGNITIONS Chief Newton introduced new police officer Connor Dailey\\\\\. CONSENT AGENDA Councilmember McCulloch made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. Approval of the Minutes for June 6 and 20, 1994, as written without reading. Approval of the following Bills and Claims: 010 Current Expense $ 83,939.13 094 Garbage 37,391.85 110 Street 7,969.84 120 Library 4,567.75 130 Park 2,778.79 140 Arterial Street 38,066.34 150 Hotel/Motel 871.33 170 Emergency Medical Services 1,479.78 300 94 Storm Financial Planning 1,141.38 301 94 Storm -Property Acquisition 15, 750.00 302 94 Storm -Master Plan Imp 1,508.12 307 94 Storm Geographical Info Sys 13, 828.19 309 94 Stormwater Master Plan 702 .77 310 92 Waste Water Treatment Plant Const 14,748.38 311 94 WWT Biosolids Compost Facility 863.20 312 94 WWT Treatment Plant Comp 14,906.58 314 94 WWC Sewer Trunk Line Rep 139,620.00 320 92 City Dock Re-Construction 278.97 330 93 Water Quality Improvements 74,562.13 331 94 Water System -Tri Area CT Comp 2,165.63 333 94 Water System -Standpipe 23,486.33 334 94 Water System -Trans Tri Area 3,742.67 335 94 Water System -City CT Compliance 6,135.08 336 94 Water System -County Improvement 7,159.68 340 93 GO Bond Projects 3,067.23 371 94 San Juan Ave Improvements 1,095.92 380 Community Development Grant 7,389.98 411 Water-Sewer 29,850.79 412 Storm and Surface Water 3,265.00 500 Equipment Rental 8,199.98 610 Firemen's Pension and Relief 934.05 Total $ 551,466.87 Setting Hearings: Rezone Application #9405-06 - Dudley for December 5, 1994. MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. Approval of Appointments: Joanna Jackson to Tourism Advisory Group Ian Keith to City Planning Commission term to expire December 31, 1995. Adoption of Resolutions: RESOLUTION NO 94-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR A STREET VACATION Setting Hearing date of December 5, 1994, for Street Vacation Application #9405-07 - Dudley. RESOLUTION NO 94-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PROT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91 Vantage Homes, Inc. , has constructed or caused to be constructed a 8-inch sanitary sewer line in Magnolia Street within the service area of the City of Port Townsend. RESOLUTION NO 94-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91 Vantage Homes, Inc. , has constructed or caused to be constructed a 6-inch water line in Magnolia, Sapphire and Bell Streets within the service area of the City of Port Townsend. Approval of Side Sewer Contractor's License for Richard Thompson. Communications: A letter dated October 5, 1994, and Fire Department Statistical Annual Report, from Tom Aumock, Assistant Fire Chief, was copied for Council. A letter dated October 17, 1994, from Ronald R Humphrey, Forest Supervisor, United Stated Dept of Agriculture, expressing appreciation and recognition to City employee, Ian Jablonski, City Watershed Specialist, for a well done job was copied for Council. A letter dated October 19, 1994, from Robert Hinton, Chairman, Jefferson County Board of County Commissioners, providing a resolution to amend the County-wide Planning Policy, County Resolution 128-92/City Resolution 92-112, the purpose of which is to change the definition of "affordable housing" to conform with the WA Housing Policy Act of 1993 was copied for Council. A letter dated October 18,1994, from Robert C McCaughlin expressing appreciation for work done on street in front of his home at 740 Taylor Street was copied for Council. MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. A draft, dated October 19, 1994, from David Goldsmith, Director of Community Services, Jefferson County, of Ordinance No 09-0801-94 which creates Interim Rural Overlay Districts was copied for Council. A thank-you letter dated October 21, 1994, from Norm Dicks, Member of the United States House of Representatives, for support shown for recycling legislation HR 5028 was copied for Council. A thank-you letter dated October 21, 1994, from Slade Gorton, United States Senator, for support of Federal Mandate Accountability and Reform Act of 1994 # S.993 was copied for Council. A letter dated October 21, 1994, from Sue Sidle, Chairperson, Fort Worden State Park Conference Center, Advisory Committee, expressing support for the continuation of the Larry Scott Memorial Trail from the Transit Park and Ride site through the city to Fort Worden State Park was copied for Council. A thank-you letter dated October 24, 1994, from Patty Murray, United States Senator, for support of the Federal Mandates and Accountability Reform Act of 1994 #5.993 was copied for Council. A letter dated October 24, 1994, from Robey Robichaux to Street Superintendent, Jim Orsborn, expressing appreciation for road improvements to Hastings Avenue and streets connecting to Hastings Avenue was copied for Council. A memorandum dated October 26, 1994, from Mayor Clise to Port Townsend Street Crew expressing appreciation for a job well done was copied for Council. A thank-you letter dated October 26, 1994, from Mayor Clise to Ian Jablonski was copied for Council. A letter dated October 26, 1994, from Lon Hurd, Vice President/Director, 3-H Cable Communications Consultants, to Bob Erickson, Senior Vice President, Summit Communications, Inc. , regarding 90 day extension period allowed for City review of rate justification forms submitted by Summit was copied for Council. A thank-you letter dated October 26, 1994, from Molly W Pearson, Jefferson County Dept of Public Works, expressing appreciation for help with the SWAC/SWAP was copied for Council. A letter dated October 28, 1994, from Robert Hinton, Jefferson County Board of County Commissioners, regarding ordinance in response to the Western Washington Growth Management Hearings Board Order was copied for Council. A memo, not dated, from Bonita L Flagg, Jefferson County Animal Services Supervisor, to Mayor Clise, requesting title for 1983 Chev Van was copied for Council. A letter dated November 1, 1994, from Mayor Clise to Bob Rickard, accepting Mr Rickard's resignation from the City Planning Commission was copied for Council. A letter dated November 3, 1994, from Mark S Beaufait, Attorney at Law, with enclosures, in regard to the Service Activities Corp, Tides Inn Motel expansion was copied for Council. MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. An informational packet, no date, from the Port Townsend Carousel Association and the Port Townsend High School Vocational Dept regarding the need for a pavilion to house the carousel in the vicinity of the Polk Marine Park was copied for Council. This concludes the Consent Agenda. PUBLIC COMMENTS Mayor Clise opened the meeting for public comments and/or questions. There being none, Mayor Clise closed the meeting to the Public. PUBLIC HEARING Variance App #9409-03 - Mark and Betty Mysak. Mr Hildt reviewed the findings, conclusions and conditions of the Variance Application No 9409-03 - Mark and Betty Mysak recommending approval. Applicant Betty Mysak was recognized and expressed her hope that the variance would be approved. Mayor Clise opened the hearing to the Public. There being no Public testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. The Council requested changes in the finding of fact as follows: Findings of Fact #2 - The subject property is Lot 2, Lot 1 has since been sold. . . . #4 - The site is bordered by Holcomb Street to the east; and single-family residences to the west, south and north. Conclusion #2 - . . . .location, previous division of the property by sale and in view of floor plan of the house, . . . . . Councilmember Davidson made a motion that the Council approve Variance Application #9409-03 Findings of Fact #1 through #10, as amended, Conclusions #1 through 7, as amended, and Conditions #1 and #2 which was seconded by Councilmember Sokol and passed unanimously by voice vote. SEPA Appeal #9211-03 (S) - Service Activities Corp (Tides Inn Motel Expansion) . Mayor Clise stated that this was a continuation of a previous hearing and outlined procedure. Attorney Tim McMahan provided background on the appeal and advised Council on procedure. Rick Sepler, Madronna Planning and Development, authorized representative for Service Activities Corp. , was recognized and presented modified project plans. Mark Beaufait, representing the Trenters, was recognized and reiterated the Trenters' position. Mr Hildt recommended that Council choose the third action as presented by Mr McMahan on page 13 of his November 3, 1994, Memorandum to the Council. Councilmember Shoulberg made a motion to remand the application to the Director for further review and consideration, guided by the Council's direction which was seconded by Councilmember Davidson. After discussion, which included Mr . McMahan and Mr Hildt, Councilmember Shoulberg amended the motion to have the staff provide Findings and Facts and to bring back the final draft within the SEPA process for Council review and approval which was seconded by Councilmember Davidson and passed unanimously by voice vote. COMPREHENSIVE PLAN COMMITTEE REPORTS Glue and String. Councilmember Harpole presented copies of minutes taken of various committee meetings stating that notes will continue to be taken at the meetings. Councilmember Harpole reported that there had been 75 responses to the survey and it is hoped that another 75 will be received. MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. Transportation. Councilmember Westerman reported that the committee had met and continued to work on draft goals and policies. She advised that there are two new members. She also reported that the School District is getting more involved with School Superintendent Gene Medina attending meetings. Councilmember Westerman announced the next meeting dates of November 21 and 28, 1994 at 1:00 PM at the Pope Park Building. Economic Development. Councilmember Sokol reported that the Committee had met on October 19, 1994, and had worked through all the goals and policies so far established. Councilmember Sokol announced the a meeting date of November 16, 1994. The committee plans to review what has been accomplished so far along with review of the narrative. Housing. Councilmember Perry-Thompson reported that the Committee will meet November 9, 1994, in the Council Chambers, at Noon. The agenda is to refine the goals. Land Use. Councilmember Davidson reported that the Committee had met and discussed the needs assessment developed by the Housing Committee. Councilmember Davidson stated that the next meeting will be November 15, 1994, at 4:00 PM at the Pope Park Building. Capital Facilities. Councilmember McCulloch announced the next meeting date. of November 10, 1994, at 1:30 at the Pope Park Building. The Committee will meet with Henderson and Young. STANDING/ADHOC COMMITTEE REPORTS Tourism Advisory Group. Councilmember Harpole reported that the Committee had met and had brainstormed ideas for funds for 1995. Councilmember Harpole announced November 16, 1994, as the next meeting date. Parks Recreation and Property. Councilmember Harpole reported a great deal of activity. The Swimming Pool Task Force has met several times. As previously planned, the pool will be closed in February and March of 1995 for remodeling and refurbishing by the School District. Councilmember Harpole announced the next meeting date to be November 15, 1994, at 4:00 in the Council Chambers. Councilmember Harpole reported that correspondence had been received from the County Commissioners regarding the 35th Street Property with a desire expressed by the Commissioners for a proposal review soon. It had been Councilmember's Harpole's understanding that they had until the first of the year to resolve the conflicted issues. An interim plan for the Skateboard Park is in the works, reported Councilmember Harpole, and it is hoped to have a proposal before Council on November 21, 1994. A Petition with 600 signatures was presented to the Committee to show the volume of interest in a skateboard park. MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. Councilmember Harpole announced that a sculpture idea of Chief Chetzemoka for the Golf Course, to be placed on the rock near the Clubhouse, had been presented. A plaque dedicated in 1938 is presently there. Additional discussion will take place at the next meeting. Councilmember Harpole reported that Kiwanis would like to put a new plaque at Haller Fountain. Councilmember Harpole announced a Union Wharf Meeting for Tuesday, November 8, 1994, at Noon at the Council Chambers. Councilmember Sokol remarked that the Adams Street Park might be a place for the Carousel. Discussion ensued. Solid Waste Advisory (SWAC) . Councilmember Perry-Thompson reported the Committee had met and that discussion regarding recycling of green glass for which, presently, there is no market took place. Councilmember Perry-Thompson reported that the SWAC-SWAP, a huge success, had been discussed at great length. The Hazardous Waste Collection Facility, reported Councilmember Perry-Thompson, is to open in February, 1995. Councilmember Sokol remarked on the Bottle Bills in force in Oregon, etc, requiring a .05cent deposit on all bottles and which eliminates a great deal of waste. The new Animal Shelter, reported Councilmember Sokol, is now open. MAYOR'S REPORT Mayor Clise announced that Councilmember Perry-Thompson had volunteered to represent the City on the Community Network Council Committee. Councilmember Harpole is to provide back-up. STAFF REPORTS Clerk-Treasurer. Mr Grove outlined the procedure to be followed at the Budget Hearings. Planning & Building. Mr Hildt reported that work is progressing with the Safety Committee and the Police and Fire Depts. for a needs assessment and criteria for the space problem of those depts. A Proposal Conference is scheduled with proposals due December 2, 1994. Growth Hearings Board is returning to town on November 22, 1994, for a Compliance Hearing at the Courthouse. A Hearing on Interim Growth Areas in Rural Lands Ordinance is scheduled by the County Commissioners for November 27., 1994. Work is progressing with Attorney McMahan on a formal response. Public Works. Mr Wheeler announced that Public Works has advertised for a swimming pool manager. The Swimming Pool Task Force will be involved in the selection process. Advertisement for a Contract Recreational Director will follow. Mr Wheeler reported that the City received monies obligated from MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. ISTEA for San Juan for the conceptual design and survey work. The process is continuing, per Mr Wheeler, with the hiring an engineer and purchasing the right-of-way properties along San Juan Ave. A series of Public meetings on San Juan Ave will be scheduled beginning December 1, 1994. Mr Wheeler stated that the water situation is much improved with usage very low at approximately 1,000,000 gallons a day. However, Mr Wheeler remarked that as the Lords Lake Reservoir was lower than anyone had ever seen it, conservation was still vitally important. The Mill, per Mr Wheeler, is still conserving. A Mill shut-down did not appear necessary at this time. Mr Wheeler remarked on the letter received from Ronald R Humphrey, Forest Supervisor, United States Dept of Agriculture, in which appreciation is given to Ian Jablonski, City Watershed Specialist, for a job well done. The bike lane issue in City streets is of great importance and is being pursued, announced Mr Wheeler. Councilmember Shoulberg remarked on the Draft of Implementation Cost Estimates 95-97 Biennium - Dungeness-Quilcene Pilot Project, received from the Dept of Ecology, and suggested that it be discussed in depth at the Utilities Committee Meeting on November 18, 1994. Attorney. Mr McMahan gave credit to Mary Winters, with assistance from Dave Robison, for the team effort involved in the Tides Inn Memorandum. Mr McMahan reported that he had successfully argued a motion in Thurston County Superior Court to disqualify, due to a conflict of interest, the law firm (the same firm had provided the City with expertise and advice on water related matters for the last 2-3 years) hired by Jefferson County to help them in the appeal of the Growth Management Hearings Board decision. The County maintained that the IUGA decision and the appeal of the Board's decision regarding the County's planning was not related to the City's water issues, however, the Superior Court disagreed, ruled in favor of the City, and ordered the law firm to withdraw. Mr McMahan announced that he will be working with the Public Safety Committee to put together a public information packet dealing with the downtown issues. PUBLIC COMMENTS AND/OR QUESTIONS Mayor Clise opened the meeting for Public comments and/or questions. There being none, Mayor Clise closed the Public comment and/or questions portion of the meeting. UNFINISHED BUSINESS Resolution Declaring the Lowest Responsible Bidder for City Dock Project. RESOLUTION NO 94-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING MANSON CONSTRUCTION MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. AND ENGINEERING COMPANY TO BE THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER FOR CITY DOCK IMPROVEMENTS PROJECT. Mr Wheeler explained the resolution. Councilmember Sokol made a motion that the Council adopt Resolution No 94-127 which was seconded by Councilmember Shoulberg and passed unanimously by voice vote. Resolution to change the Definition of "Affordable Housing" . RESOLUTION NO 92-112 Mr Hildt explained the Resolution. As Council wanted more information regarding this matter, it was tabled until later in the meeting. Ordinance No 2422 Amending the 1994 Budget. ORDINANCE NO. 2422 AN ORDINANCE APPROPRIATING THE SUM OF $195,033.00 TO THE COMMUNITY DEVELOPMENT GRANT FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. Mr Grove advised that this was the second reading of the Ordinance. Councilmember Sokol made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember McCulloch and passed unanimously be voice vote. Councilmember McCulloch made a motion that the Council approve Ordinance No. 2422 which was seconded by Councilmember Sokol and passed unanimously by roll call vote. NEW BUSINESS Ordinance Establishing a Charge for Compost. ORDINANCE NO. 2423 AN ORDINANCE AMENDING SECTION 3.36.020 OF THE PORT TOWNSEND MUNICIPAL CODE TO ESTABLISH A CHARGE OF $7.50 PER CUBIC YARD IN BULK FOR COMPOST PRODUCED AT THE CITY'S BIOSOLIDS COMPOSTING FACILITY Mr Wheeler explained the ordinance. A discussion ensued. Mr Grove read the ordinance by title. Councilmember Davidson made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Westerman. Mr Grove again read the ordinance by title. Councilmember Davidson made a motion that the Council the Council adopt Ordinance No 2423, amended to read . . . . . $7.50 per cubic yard in bulk. . . . , which was seconded by Councilmember Perry-Thompson and passed unanimously by roll call vote. Resolution Awarding Professional Services Agreements with Polaris. RESOLUTION NO. 94-129 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH POLARIS ENGINEERING AND SURVEYING, INC. MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. Mr Wheeler explained the resolution. Councilmember Westerman made a motion that the Council approve Resolution No. 94-129 which was seconded by Councilmember Perry-Thompson and passed, after a brief discussion, unanimously by voice vote. Resolution in Support of the Main Street Program's Entry into the Great American Main Street Awards Competition. RESOLUTION NO. 94-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING THE MAINSTREET PROGRAM'S ENTRY INTO THE GREAT AMERICAN MAIN STREET AWARDS COMPETITION Mayor Clise explained the resolution. Councilmember McCulloch made a motion that the Council approve Resolution No. 94-130 which was seconded by Councilmember Davidson and passed unanimously by voice vote. Resolution for City Lake Hazard Tree Removal. RESOLUTION NO. 94-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING WEST END ENTERPRISES TO BE THE LOWEST, RESPONSIBLE BIDDER FOR HAZARD TREE REMOVAL AT CITY LAKE AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AWARDING THE BID TO WEST END ENTERPRISES OF JOYCE, WASHINGTON. Mr Wheeler explained the resolution. Councilmember Sokol made a motion that the Council adopt Resolution No. 94-131 which was seconded by Councilmember Shoulberg and passed, after discussion, unanimously by voice vote. Resolution to Change the Definition of "Affordable Housing". RESOLUTION NO. 94-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING COUNTY-WIDE PLANNING POLICY, COUNTY RESOLUTION NO. 128-92 AND CITY RESOLUTION NO. 92-112 TO CHANGE THE DEFINITION OF "AFFORDABLE HOUSING." Mr Robison provided additional information on the resolution. Councilmember McCulloch made a motion that the Council approve Resolution No.94-128 which was seconded by Councilmember Shoulberg and passed unanimously by voice vote. COUNCILMEMBERS' GENERAL DISCUSSION Councilmember McCulloch is to co-ordinate the Christmas/Holiday Party to be held December 16, 1994, at 6:00 PM in the Pope Park Building. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1994, Cont. legal action and a real estate lease with Attorney Tim McMahan, David Grove and Michael Hildt at 9:18 PM. The meeting was reconvened at 111111111 PM. ADJOURNMENT There being no further business, Mayor Clise declared the meeting adjourned at 111111 PM. Mayor Attest: Clerk-Treasurer