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HomeMy WebLinkAbout01171995MINUTES OF THE REGULAR SESSION OF FEBRUARY 6, 1995 The City Council of the City of Port Townsend met in regular session this Sixth day of February, 1995, at 7:00 p.m. 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, Ted Shoulberg, Bob Sokol, Sheila Westerman, and Diane Perry-Thompson. Also present were City Administrator Michael Hildt, Director of Public Works Bob Wheeler, City Attorney Tim McMahan, Director of Building & Community Development Dave Robison, City Engineer Randy Brackett, Staff Planner Judy Surber, and Community Development Assistant Judy Erlandson. INTRODUCTIONS and/or RECOGNITIONS: Jim Orsborn, Street & Sewer Superintendent, introduced Michael Smith, a new employee in the Street & Sewer Department. AGENDA CHANGES or ADDITIONS: Councilmember Davidson requested New Business item D, Resolution Indicating Support/Northwest Straits Marine Sanctuary, be moved to follow directly after Public Comments. Councilmember Harpole requested Consent Agenda item D2, Amend Contract with Polaris for FCAPP, be moved into New Business. CONSENT AGENDA Councilmember Westerman made a motion to approve the Consent Agenda as reviewed. motion was seConded by Councilmember Sokol and passed unanimously by voice vote. The Approval of the following Bills and Claims: 010 Current Expense 094 Garbage 110 Street 120 Library 130 Park 170 EMS 180 Capital Improvement 371 95 San Juan Ave, Improvements 376 95 Water/Sewer Rev. BD Projects 380 Comm Development Grant 411 Water/Sewer 412 Storm 500 Equipment Rental 610 Firemen's Pension and Relief Total $ 28 102.77 35 990.18 7 429.57 4 889.61 2 007.99 1 508.78 45 492.46 1 050.00 9,694.56 694.98 64,207.02 2,656.95 9,040.48 1,001.3 $ 213,766.65 Setting Hearings: Accessory Dwelling Unit Ordinance for February 21, 1995. Approval of Appointments: Susan Stenger to the Historic Preservation Commission. Paul Boyer to the Historic Preservation Commission. Anna Hill to the Community-Oriented Policing Advisory Board. Approval of Resolutions: RESOLUTION NO. 95-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE BIDDING FOR CONSULTANT SERVICES TO PROVIDE DESIGN, INSTALLATION, USE TRAINING AND REMOTE MAINTENANCE OF AN INTEGRATED TELECOMMUNICATIONS SYSTEM FOR CITY DEPARTMENTS RESOLUTION NO. 95-12A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER ONE FOR A CREDIT OF $8,400.00 FOR MODIFICATIONS TO THE LORD'S LAKE PIPELINE EXTENSION MADE BY PRIMO CONSTRUCTION, INC. Communications: A letter dated January 26, 1995, from Tim Douglas, Mayor of Bellingham, announcing that the Legislature is considering bills about land use planning, state rule-making authority, and environmental policy that all come under the umbrella of regulatory reform, and providing a summary of the recommendations of the Governor's Task Force on Regulatory Reform. A letter dated January 28, 1995, from Orabelle Connally, President of the Library Board of Trustees, requesting the continued maintenance of the lot between the "Pink House" and the library for use by the public. This concludes the Consent Agenda. 2 PUBLIC COMMENTS Andy Palmer, resident of Port Townsend, introduced the process which may lead to the establishment of a National Marine Sanctuary in Washington waters. The Olympic Coast National Marine Sanctuary was dedicated this past summer (July 1994), in an area on the west coast of Washington. Palmer stated that a new study area has been designated which includes County waters, Neah Bay to west of Port Angeles, San Juan Islands, Whidbey Island and our area. The resolution before Council is for support of this process to develop the new sanctuary. Palmer stated the goal of this project is to protect and conserve the marine environment, and local input is important. Palmer explained that the Marine Sanctuary would provide marine research and education. Palmer gave additional background information. He expects a draft Environmental Impact Statement to be prepared this fall. Palmer explained that no City resources are required. He urged councilmembers to endorse this important proposal. RESOLUTION 95-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND INDICATING SUPPORT FOR THE DESIGNATION OF THE NORTHWEST STRAITS MARINE SANCTUARY. Councilmember Harpole excused himself due to a conflict of interest because of his involvement in the marine sanctuary process. Councilmember Davidson made a motion that the Council adopt Resolution No. 95-11 which was seconded by Councilmember Perry-Thompson, and passed unanimously by voice vote. Councilmember Davidson requested that a copy of the resolution be forwarded to Governor Lowry. PUBLIC HEARINGS Janel Carlson, Summary_ Short Plat 9408-05 & Subdivision Variance 9409-07. Judy Surber, Staff Planner, described the applicant's proposal to resubdivide two lots to reorient the two 50x100 foot lots changing the frontage from Van Buren to Lawrence Street. Two of the existing buildings on the site would not meet the setback requirements and therefore a subdivision variance is also required. Surber presented a graphic representation of the existing property and showed the effects of the proposed short plat and variance. Surber read the conditions recommended by the Planning Commission, explained that at the last Planning Commission hearing the Staff recommended denial and explained why, and that the applicant brought up good points, which convinced the planning commission to recommend approval. Janel Carlson, applicant for the proposal, stated her position. Carlson said that she believes this variance is in the City's best interest because it will keep the current uses unchanged. She said she is the sole practitioner chiropractor at this location, and wants to stay there. Carlson explained that she has been at this location for 24 years now, and would like to retain ownership in the same location. Carlson stated that she wants to retain control of upstairs occupants due to their impact on her downstairs business, and that she would have no option for retaining ownership without this variance. She explained that parking lot is used mainly for renters and staff. Carlson stated that she agrees with Planning Commission recommendations and conditions, and she requested that councilmembers approve the proposal. Rick Sepler, Madrona Planning & Development Services, representing the applicants, explained his position in favor of the applicant's proposal. Sepler pointed out that the two buildings at the subject site front on Lawrence Street, so reorientation of the lots makes sense. Sepler explained that the common use of the staircase between the buildings was a concern of the Planning CommissiOn, but it has been used as such for many years, and an easement/maintenance agreement between adjoining owners is a common practice. There were no speakers in opposition to the proposal. After discussion, Councilmember Westerman made a motion for approval of the Findings of Fact and Conclusions of the Planning Commission, dated January 12, 1995, Janel Carlson Summary Short Plat Application No. 9408-05 and Subdivision Variance Application No. 9409-07, with amendments to Conditions No. 1 and 4 to include an easement for the common use of the stairwell, as read by Surber. Motion seconded by Councilmember Shoulberg and passed unanimously by voice vote. Proposed Amendments to Title 16. PTMC. Stormwater Ordinance. Bob Wheeler, Director of Public Works, explained the ordinance, stating that the Department of Ecology (DOE) has given direction to local governments to comply with the policies set forth in this plan. Sam Gibony, stormwater management consultant with CH2M HILL presented an overview of the contents of the manual, and explained that Port Townsend's existing stormwater plan deals primarily with residential projects, and that this plan does need some enhancement, which will be included in the Comprehensive Plan process. Adoption of the DOE's Stormwater Management Manual will provide policies specifically for large projects having stormwater management requirements of 5000 square feet of impervious surface or more. Ryan Tillman, a practicing professional engineer, read from a written statement which cited his disagreement with specific findings stated in the ordinance, as well as stating his belief that the entire DOE Stormwater Management Manual should be adopted, not only certain volumes. Tillman stated that he believed Volume I to be necessary for use of Volumes II through iV, as it provides necessary technical requirements and processes, Tillman provided his written statement to Acting Clerk Hildt for the record. 4 Randy Brackett, City Engineer, stated Tillman's concerns are valid, and explained the reasoning for adoption of only Volumes II through IV. Volume I of this DOE manual provides data based specifically on Seattle-area environment, and will need to be modified to fit the actual rainfall levels, and environment of Port Townsend. Mr. Brackett stated the DOE has given assurances that our efforts to comply with their requirement for adoption of this stormwater process so far and the criteria currently being used in Port Townsend are on the right track, even without adoption of the entire manual. Mr. Brackett stated that the City wants to involve the public in setting the exact levels of stormwater management criteria, and include an expanded sensitive areas definition which would include aquifer recharge areas. This will be accomplished by adopting only Volumes II through IV now, and evaluating the criteria in Volume I with thorough public involvement before adoption. Mr. Brackett stated the City's current procedures include specifications similar to Volume 1. Tim McMahan, City Attorney, explained the DOE requirement for our adoption of this model ordinance, stating this ordinance would give Public Works the tools for meeting community needs and compliance requirements will be fully met after public process. Mr. McMahan stated that adoption of Volume I now would eliminate this public involvement. Comprehensive Plan Utility Committee Report. Because of applicability to this ordinance discussion, Councilmember Shoulberg provided his committee report at this time. Councilmember Shoulberg reported the committee discussed the level of thresholds and determined that the development and environmental community needed more time and a process to provide their input before adoption of Volume 1 threshold determinations. Councilmember Shoulberg stated the interim ordinance will meet the community's needs, and that the committee didn't think this would be a problem because larger policy issues are being left until public process, and will then be addressed. Council discussion continued. ORDINANCE NO. 2444 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 16.12 OF THE PORT TOWNSEND MUNICIPAL CODE, ADOPTING VOLUMES II THROUGH IV OF 'THE DEPARTMENT OF ECOLOGY "STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN" TO SUPPLEMENT THE PUBLIC WORKS PROCEDURES MANUAL. Mr. Hildt read the ordinance by title. Councilmember Shoulberg made a motion that the first reading be considered the second and the third be by title only, which was seconded by Councilmember Sokol and passed unanimously by voice vote. Councilmember Shoulberg made a motion that the Council adopt Ordinance 2444, as read for the second time by Councilmember Shoulberg, which was seconded by Councilmember McCullogh. 5 Additional public comment was received from Dale Bonar, an original member of the group who worked on updating the stormwater procedures. Mr. Bonar expressed his opinion that the whole DOE manual should be adopted now, and public comments incorporated as modifications later. Adoption of Ordinance No. 2444 was passed by roll call vote with Councilmembers Sokol, Harpole, Shoulberg, McCull°gh and Davidson in favor, and Councilmembers Perry-Thompson, and Westerman opposed. COMPREHENSIVE PLAN COMMITTEE REPORTS Glue and String Committee. Councilmember Harpole reported that note takers are needed for each of the comprehensive plan committees. Currently, Sheila Spears, Community Development Assistant, is providing the note taking for the Housing committee meetings, and Eric Toews, Planner, is taking notes for the Economic Development committee. There are currently no Glue and String committee members providing this service. Councilmember Perry-Thompson suggested soliciting assistance from the high school students. Housing. Councilmember Perry-Thompson reported that this committee met last Wednesday, February 1, and meetings are scheduled for Wednesdays each week, with the next three meetings to be held in Council Chambers. Perry-Thompson stated that the committee has reviewed Draft 2 of the Accessory Dwelling Units ordinance, they are looking at small houses as an affordable housing alternative, two alternative building designs have been reviewed, and the committee continues to work on the goals and policies. Land Use. Councilmember Davidson reports the next meeting will be Tuesday February 7, starting at 4:00 and continuing until they get their revised draft of goals and policies done. Transportation. Councilmember Westerman reported that the committee met today, February 6, and welcomed a new member, Mia Nicholson. Capital Facilities. Councilmember McCulloch reported the committee has identified futures scenarios based on levels of existing services, and the department heads have provided future level needs. Councilmember McCulloch stated that they have a catalog of level of service standards categories which will be made available to Councilmembers. Councilmember McCullogh stated that there will be two sessions scheduled with the Councilmembers, providing an educational process in the first meeting, then a second session a week or two later, at which the consultants will take a "pulse reading" for gut level of services needed without looking at costs, then proceeding into what costs can be accepted. The first session is scheduled for 2:00 to 5:00 on Wednesday, February 22. The second session has not yet been scheduled. STANDING/ADHOC COMMITTEE REPORTS Housing and Community Services. Councilmember Perry-Thompson reported on her attendance 6 at the Committee for the Homeless, looking for ways to provide housing for the homeless, with meetings the first Wednesday every month. Councilmember Perry-Thompson stated that this is a County-wide issue, and that the high school senior class has taken on the topic of housing the homeless as a project. Councilmember Perry-Thompson has invited them to make a year end Council report of their activities and findings. Councilmember Perry-Thompson stated that the Skookum organization is working on a plan to collect green glass at locations such as liquor stores, reporting that mixed waste paper, which includes junk mail, envelopes with windows, magazines, and even paper with staples, all can be dropped off at the Jefferson County recycling center. Councilmember Perry-Thompson reported that another SWAC-Swap event has been scheduled for May 13 & 14, 1995. Councilmember Perry-Thompson stated that the City and County worked together last time to make it a successful event and this year, a City vehicle will be available the week before to help pick up donations from the public. Communi .ty Action Council. Councilmember Shoulberg reported that the project to purchase the Thomas Street apartments was just completed, and this provides 18 units of transitional housing to help mentally challenged, homeless, and others in need. Councilmember Shoulberg mentioned a new funding problem may arise if congress cuts the budget of all community action groups. Public Safety Study, Councilmember Sokol reported that the consultant made a presentation at the last meeting, which had 35 members of the public in attendance, and that an information packet will be sent to those in attendance. Councilmember Sokol stated the next meeting will be held March 8 at Pope Marine Park building. Councilmember Harpole wanted to clarify that this study does not mean a new building is planned, but the study does provide the necessary information about public safety needs for the Comprehensive Plan process. Mr. Hildt explained that the Council can either approve or disapprove of study recommendations, but that the gathering of information is necessary at this time. Mr. Hildt added that this process allows for a lot of citizen involvement. Finance Committee. Councilmember McCulloch reported on the January 19 and February 2 meetings. The topic of utility billing procedures was reviewed and possible improvements were discussed, and this will continue to be discussed at future meetings. Councilmember McCulloch stated that the committee reviewed the supplemental budget ordinance (no. 2443) and recommended approval of the revised version. Councilmember McCullogh reported the committee also discussed the resolution for the transfer of funds from the 1956 reserve account, noting that the funds have been earning interest, and they recommend approval of this formal transfer of funds. Councilmember McCullogh distributed the Tourism Advisory Group's 1995 Budget Recommendations, and reported that the Finance Committee recommends approval of the budget 7 which includes a carryover from last year. Councilmember McCullogh made a motion to approve the Tourism Advisory Group budget which was seconded by Councilmember Westerman. Councilmember McCullogh stated that the committee also discussed the City's contract with Polaris Engineering and Surveying, Inc., and they recommend approval. The next finance committee meeting is scheduled for Wednesday February 15 at 5:00 p.m. Library Board Councilmember Davidson reported on the January 24 meeting, stating that a new director selection committee was formed, and the selection process is scheduled to begin in three weeks. Councilmember Davidson asked which of the other councilmembers are signed up for future meetings, held the fourth Monday each month. Councilmember Sokol is scheduled for the February meeting, Councilmember McCullogh for the March meeting, and Councilmember Harpole for the April meeting. Parks, Recreation and Property. Councilmember Harpole reported that the last meeting on January 25 was well attended, and the committee prioritized the list of capital improvements needed for the swimming pool, including that they will be gathering more information on a few options. The next meeting is scheduled for February 24. Councilmember Harpole reported that Commissioner Hinton attended the February 3 meeting which was also well attended, and the committee discussed the 35th street park property. Councilmember Harpole stated that a large volunteer force has been working on this Park, and they have received donations of top soil and a basketball court. Councilmember Harpole explained that the next step is the SEPA (State Environmental Protection Act) review, and if the project moves forward as a public park, then a rezone will be needed, and each of these steps will be outlined at the next meeting. Commissioner Hinton indicated his support of the project. Councilmember Harpole stated that the issue of ownership (county vs. city) and minimum design parameters will also be discussed, and the agenda for the next meeting includes discussion on the pool, and an Adams Street Park presentation by the Magnet Center. Councilmember Harpole attended a Union Wharf meeting last week which included representatives from the Department of Fisheries. Councilmember Harpole reported the renegotiation of the golf course lease will come before Council sometime in next month, after review by this committee. Councilmember Harpole reported that the temporary skateboard park has been well used, located at the interim location until April 15, and will be reviewed again by this committee in March. Councilmember Harpole noted that he has also been attending the Law and Justice Council Meetings monthly for the past year, along with City Attorney Tim McMahan, with discussions including correctional facility options, and examples of facilities from Whatcom County. Utility Committee. Councilmember Shoulberg added to his committee report at this time (reference Public Hearing section for initial report). Councilmember Shoulberg stated that the committee discussed the PUD agreement to allow the transfer of water to the Glen Cove area for retail customer needs. Councilmember Shoulberg also stated that the District 6 Fire Department had indicated a standpipe would be required to meet the water needs for fire control at the landfill, and the committee discussed the possibility of running a pipeline to the landfill as an alternative. Councilmember Shoulberg noted the next meeting is scheduled for February 22, 12:00 to 2:00, to discuss the PUD agreement, the Broders agreement, and outside of service area agreements. Councilmember Shoulberg stated that the cable franchise master ordinance will be reviewed by staff and the City Attorney, and that there will be a survey soliciting input from citizens for cable service needs. MAYOR's REPORT Mayor John Clise stated that there will be disaster management workshops held this year in Emmettsberg Maryland, which he will be attending along with Councilmembers Sokol and McCullogh, some City staff and County staff, and some citizens. STAFF REPORTS Finance Department. City Administrator Michael Hildt reported that the memorial bench dedication for the late City Planner Darlene Bloomfield is scheduled for Monday, February 13 at 12:00. Mr. Hildt thanked Sheri Robison of Main Street for coordinating the project. Mr. Hildt explained the State Auditor's report, stating that one discrepancy discovered was a late reimbursement which resulted in a loss of $47,000 of interest income. Mr. Hildt is anticipating an audit for 1994 as a follow up, stated that the City's financial reports are in good shape, and that the only aspect that needs some improvement is the City's grant management. Additional information provided by Mr. Hildt included the police office recruitment process, which is underway with physical and oral board testing scheduled for February 17 and 18, with a Civil Service examiner from Clallam County assisting in the process. Mr. Hildt stated that the existing civil service register had expired, which resulted in openings being left unfilled longer than they should, so this register needs to be maintained. Building & Community Development, Director Robison reported that the senior planner position will be filled by March; A revision of the Street Development/Utility process is now complete and a new application form has been developed based on work started a year ago. Mr. Robison also reported on the status of the Union Wharf project, stating that the design team hopes to have a final report on the preferred alternative within three weeks, and he is working on a grant for phase 2 of the construction and permit process. Mr. Robison referenced an Association of Washington Cities newsletter for review by Councilmembers and which can be discussed at the next council meeting, specifically the topic of streamlining the permit process, noting that the time frame suggested for a consolidated permit process should not be a problem, but that combining advisory groups may be difficult. Mr. Robison reported on the City and County zoning discussions about the Glen Cove area, and noted that the topic will be raised at the Joint Growth Management Steering Committee meeting on February 23, 3:00-5:00. Mr. Robison referenced the monthly Building & Community Development department permit report which provides a status of the building and land use permit workload, noting upcoming Projects. Public Works. Director Bob Wheeler reported on the safe drinking water act treatment goals and noted that a final amendment is required for the Department of Health. Mr. Wheeler referenced the information provided in the Compliance Schedule, stated that a meeting will be held to discuss the Tri-Area on February 28 at 8:00, and that the Council will see this schedule again when the Final Agreed Order is presented. Mr. Wheeler stated that a joint meeting with the Councilmembers and the Port Townsend School Board will be scheduled to discuss the San Juan Avenue project, to ensure that all project requirements are met prior to the September 1, 1995 opening day of the new middle school. The work of City Engineer Randy Brackett has been successful in winning additional grant moneys, and he hopes to expand on this through additional matching funds. Attorney's Office. City Attorney Tim McMahan reported that the IDMS data management resolution referenced in the last Council meeting was rejected by the County because of the City's desire to exclude a 45 day notification clause, but that he and Assistant City Attorney Mary Winters are continuing to work with the County to overcome this problem and build a productive relationship with the County to facilitate the exchange of data in a spirit of cooperation. None were offered. PUBLIC COMMENTS/QUESTIONS VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS The motion regarding the Tourism Advisory Group's budget was passed unanimously by voice vote. UNFINISHED BUSINESS Ordinance No. 2443 Amending 1995 Budget and Capital Irnprovement Program. ORDINANCE NO. 2443 AN ORDINANCE APPROPRIATING THE SUM OF $53,857 TO THE CAPITAL IMPROVEMENTS FUND, $50,000 TO THE '95 SAN JUAN AVENUE IMPROVEMENTS FUND, $80,000 TO THE '95 WATER LAND ACQUISITION FUND, $70,000 TO THE F.A.U.S. CONSTRUCTION PROJECT FUND, $25,000 TO THE EQUIPMENT RENTAL FUND, $21,375 TO THE WATER-SEWER FUND, $6,125 TO THE STORM AND SURFACE WATER FUND, $15,000 TO THE CURRENT EXPENSE FUND, $8,600 TO THE HOTEL-MOTEL TAX FUND, REALLOCATING $9,300 IN PROPERTY AND SALES TAX REVENUES FROM THE STREET FUND TO THE LIBRARY FUND, AMENDING THE 1995 BUDGET AND THE 1994-99 CAPITAL IMPROVEMENT PROGRAM, MAKING FINDINGS AND DECLARING AN EMERGENCY. 10