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HomeMy WebLinkAbout04031995MINUTES OF THE REGULAR SESSION OF APRIL 3, 1995 The City Council of the City of Port Townsend met in regular session this Third day of April, 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, 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, Police Chief Jim Newton, and Community Development Assistant Judy Erlandson. PRIORITY ITEM San Juan Avenue Improvement Project UPdate Public Works Director Bob Wheeler introduced the project, explaining that although the "90 percent design" is not ready for Council approval, an update of the project is being presented at this time to inform Council of its progress. Mr. Wheeler stated that this project is scheduled to be completed by the beginning of the Fall 1995 school year. Mr. Wheeler explained that the project was not begun sooner because the Federal funding was not made available until last November, and the City was obligated to wait for this funding before spending matching funds on the project. Mr. Wheeler noted that members of the school board, including Gene Medina, and representatives from Perteet Engineering, including Kevin Weed and Richard Perteet, were in attendance and available to answer any questions. Mr. Wheeler provided a review of the workshops and public meetings that have been held, including the March 20 technical subcommittee meeting that Councilmember Westerman reported on at the last Council meeting, and he also reported that a prototype of the speed table was set up at the fairgrounds, and stated that they had a good response to that testing of the basic design, which reportedly has minimal impact on horse trailers (one of the primary concerns). Kevin Weed of Perteet Engineering made a presentation describing the progress of their involvement with this project to date. Mr. Weed noted the first open house was held December 8 with input gathered from the public, then Perteet had aerial photos taken in January, and a special joint meeting with the School Board and Council was held on March 2, to present the conceptual design. Mr. Weed explained that many design issues including curb returns, curb radii, wheel chair ramps, cross slope of sidewalks, four way stops, and raised crosswalks Were COPIED TO COUNCIL discussed at this joint meeting, noting however, that the intersection at F Street and San Juan Avenue does not have the traffic load to warrant a four way stop, as far as Federal grant funding is concerned. If the four way stop is still desired, then the cost would have to be covered by the City. Mr. Weed displayed a photo and graphic representation of the speed table design, noting that speed tables are comfortable at lower speeds, unlike the typical speed bump, adding that the tables are no lfindrance to bikes, and the raised walking surface is 3 inches above the surface of the street which is better for wheelchairs, and better to walk on. Mr. Wheeler stated that acquisition of right-of-way from some property owners along San Juan Avenue is a first step in this project and may take one or two months. Doug Mason is acting as right-of-way agent for this project, working with affected property owners and submitting appraisal information to the Department of Transportation. Mr. Wheeler explained that if the Council approves of this conceptual design, they should authorize the Mayor to send a letter to Perteet Engineering to inform them of this approval. Councilmember Westerman made a motion for the Mayor to write a letter to Perteet Engineering stating support of the conceptual design with the addition of a four way stop and crosswalks. The motion was seconded by Councilmember Shoulberg and passed unanimously by voice vote. AGENDA CHANGES or ADDITIONS: Additional correspondence included in the Councilmember's packets but not on the Agenda were added to the Channeling CommunicationS section of the Consent Agenda. Added May 1, 1995 date to Setting Hearings for City of PT-Union Wharf Shorelines Substantial Development Permit No. 9502-11. Councilmember Shoulberg requested the letter from the American Legion be moved to his Standing Adhoc Committee report so he could address it. CONSENT AGENDA Councilmember Westerman made a motion to approve the Consent Agenda as amended. The motion was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. Approval of the following Bills and Claims: 010 Current Expense 12,353.25 094 Garbage 231.64 2 110 Street 8,225.01 120 Library 5,569.19 130 Park 2,179.98 150 Hotel/Motel 3,000.00 170 EMS 596.13 180 Capital Improvements 1,497.27 301 95 Storm Property Acquisition 29,136.37 302 95 Stormwater Master Plan 4,365.34 310 92 Waste Water Treatment Plant Construction 92.90 330 93 Water Quality Improvement 5,801.23 370 F.A.U.S Construction Project 25.86 371 95 San Juan Ave. Improvements 1,810.77 374 95 WWT Plant Eng. 5,129.05 376 95 Water-Sewer Rev BD Proj. 6,315.71 411 Water/Sewer 18,262.48 412 Storm and Surface Water 13,445.69 416 1956 SPCL Water-bond Reserve 24,577.16 500 Equipment Rental 4,442.30 610 Firemen's Pension and Relief 468.99 Total $147,526.32 Setting Hearings: City of Port Townsend Union Wharf Shorelines Substantial Development Permit No. 9502-11, for May 1, 1995. Request' for Out Of State Travel: PNWS-AWWA Conference Federal Emergency Management Agency's (FEMA) Integrated Management Course. Approval of Resolutions: Authorizing Sale of Scrap M0tal ~ RESOLUTION N (~. 95-42 ~) A RESOLUTION TO ALLOW THE MAYOI~-T4~URPLUS AND SELL AT NOT LESS THAN MARKET VALUE USED FIRE HYDRANTS, BRASS FITTINGS, COPPER TUBING, DAMAGED STREET SIGNS AND STORM Emergency Authorizing Contract with Larry. Montgomery, for Marine Engineering Services RESOLUTION NO. 95-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH MONTGOMERY MARITIME SURVEY, INC., IN SUBSTANTIALLY THE SAME FORM AS THE AT'FACHED, FOR MARINE SERVICES RELATED TO CITY DOCK AND UNION WHARF DAMAGES Authorizing a Conservation Easement for Land Owned by Jefferson Land Trust RESOLUTION NO.~ A RESOLUTION AUTHORIZING THE-~MAYOR TO SIGN A CONSERVATION EASEMENT REGARDING LAND IN THE CITY OWNED BY JEFFERSON LAND TRUST Authorizing Property Purchase from Nicolai and Bertha Kuvshinoff RESOLUTION NO. 95-45 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH NICOLAI AND BERTHA KUVSHINOFF REGARDING THE PURCHASE OF LAND IN THE CITY AND AUTHORIZING THE ACTING TREASURER TO ISSUE WARRANTS FOR THE PURCHASE OF THE LAND IN ACCORDANCE WITH THE AGREEMENT Authorizing Property Purchase from Art Karno RESOLUTION NO. 9546 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH ART KARNO REGARDING THE PURCHASE OF LAND IN THE CITY AND AUTHORIZING THE ACTING TREASURER TO ISSUE WARRANTS FOR THE PURCHASE OF THE LAND IN ACCORDANCE WITH THE AGREEMENT Authorizing Property Purchase from Jeffery and Vicki Morrow RESOLUTION NO. 95-47 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH JEFFERY AND VICKI MORROW REGARDING THE PURCHASE OF LAND IN THE CITY AND AUTHORIZING THE ACTING TREASURER TO ISSUE WARRANTS FOR THE PURCHASE OF THE LAND IN ACCORDANCE WITH THE AGREEMENT 4 Communications: A letter dated March 15, 1995 to Building & Community Development Director, from Samuel Kyle of Kyle Development Co., owner of the Mt. Baker Block Building, making comments on the proposed redevelopment of the Union Wharf project. A letter dated March 17, 1995 to Mayor John Clise from Gus Kostopulos, Executive Director of WoodNet, announcing distribution of the Request For Proposals on the Manufacturing Technology Center. A letter dated March 21, 1995 from Mayor Clise to American Legion members, confirming the City policy for billing all users of water, sewer and garbage services, without exception. A letter dated March 21, 1995 to Mayor Clise from Senator Jim Hargrove, responding to the Mayor's letter in opposition to Initiative 164, the private property rights initiative, and stating the Senator's viewpoint. A memorandum dated March 22, 1995 to Councilmembers from the City's Safety Committee, stating the committee's support of the Drug-Free Work Place policy for the City. A letter dated March 23, 1995 to Mayor, Councilmembers, Public Works Director, from Association of Washington Cities, announcing Senate bill//1837 which would change the distribution of the Centennial Clean Water Fund and decrease the chances of cities receiving funding for water quality projects, if the bill is adopted. A letter dated March 23, 1995 to Councilmembers, from Paula Amell, a property owner with currently zoned residential property, requesting information on a possible rezone to a commercial designation, and related questions. A letter dated March 23, 1995 to Mayor Clise, from Lloyd W. Cahoon, Port of Port Townsend General Manager, providing a copy of the Port Commissioner's Resolution 157- 95 opposing the Proposed Northwest Straits National Marine Sanctuary. A letter dated March 24, 1995 to Mayor Clise from Bonita Flagg, Jefferson County Animal Services Supervisor, inviting members of the Animal Control sub-committee to visit the new Animal Services facility. This concludes the Consent Agenda. 5 PUBLIC COMMENTS There were none. PUBLIC HEARINGS Variance Application No. 9501-01 Brent Wesenberg and Mary_ Winters. Dave Robison reviewed the proposal. The applicants are proposing to construct a single-family home of up to 35 feet in height, to be located within five feet of the front property line. As the zoning code restricts the building height to 30 feet in an R-1 zone, and requires a minimum front setback of 20 feet, a variance from both the height and setback requirements is required. The site is on Reed Street just west of Quincy Street. City staff assessed the site, classifying the property as a steep slope. The site is approximately 23,000 square feet with a small plateau near Reed Street upon which the applicants plan to build. The proposed residence would be built into the slope, with a 30 foot maximum height at the front along Reed Street, and a maximum height of 35 feet at the rear. The height variance would allow for a decrease in the size of the building footprint, thereby reducing the area of impervious surfaces. If the structure adhered to the setback requirements, the residence would be built on the steepest area of the site and would require more extensive grading and increase disruption of the natural topography and drainage. Brent Wesenberg, co-applicant, spoke on his behalf, stating that they want to disrupt the topography as little as possible, and he noted that the actual setback from the edge of the Reed Street surface would be 35 feet (with the 5 foot setback from the front property line). No public comments were offered. Council discussion ensued. Councilmember Davidson made a motion to approve Variance Application No. 9501-01, which was seconded by Councilmember Shoulberg and passed unanimously by voice vote. Conditional Use Permit No. 9411-06 Port Townsend School District Early Childhood Education Center. Dave Robison reviewed the proposal. The applicant's proposal expands upon the existing educational facilities of Grant Street Elementary School. Proposed improvements include: three double classroom portables, one single classroom portable, office use of an existing residential structure, associated pathways, playground, trails, fencing, utility and street improvements. Improvements would be completed in two phases. In a separate application, the applicant proposes to vacate some street rights-of-way at the ECEC site, and to dedicate land along the school district's northern property line for possible future widening of Discovery Road. A Mitigated Determination of Non-Significance (MDNS) was issued and the applicant has agreed to mitigation measures to ensure that the project would not negatively impact neighboring properties. The Planning Commission recommends approval of the Conditional Use Permit (CUP) with conditions. Council discussion ensued. Councilmember Harpole made a motion to approve the CUP with the addition of a condition requesting the school district save all trees possible, and replant trees for each of those removed, and rewording Finding No. 7 and Condition No. 5 as discussed by Council. The motion was seconded by Councilmember Westerman and passed unanimously by voice vote. COMPREHENSIVE PLAN COMMITTEE REPORTS Capital Facilities Plan City Administrator Michael Hildt reported on today's meeting with consultants and department heads, stating that estimates on annual operation and maintenance budgets were discussed and are to be incorporated into the consultant's plan, with a draft of that document due for Council review in late May. STANDING/ADHOC COMMITI'EE REPORTS Finance Committee. Councilmember McCulloch stated the next meeting is scheduled for Thursday April 6 at noon, with the budget calendar and funding for cable consultants on the agenda. Parks, Recreation and Pro~rty. Councilmember Harpole reported the Union Wharf presentation made at the joint Shorelines Advisory Commission and Historic Preservation Commission meeting was well received, the project is proceeding quickly and the staff is doing a good job. Councilmember Harpole stated that the golf course lease renegotiation is in progress, and he repo.rted that after some discussion it was decided that the improvements to the Golden Age Club building will be put on hold for another year. Councilmember Harpole noted that the 35th Street Park project is going well, all three commissioners have agreed to deed the property to the City with some conditions. The next scheduled meeting will be held on April 5 at 4:00 p.m. to discuss the use of the Pope Marine Park building by the Arts Commission, provide an update on the Jackson Bequest lights, information kiosks, the swimming pool, skateboard park signage and the City recreational program. Jefferson County. Community Network Committee. Councilmember Perry,Thompson reported that Councilmember Harpole will b r~"p'i-~acing-'h"'er~.~representative on this committee. Councilmember Perry-Thompson reported~us /~f the Blaine Street traffic calming project, stating that she spoke to representatives of the neighl~orhood, and they are considering a one month trial of chicane structures to be sure that this is the ~est alternative, and noted that the neighborhood will be doing this on their own. Councilmeml~er Shoulberg reported that a fire truck was able to maneuver through the street with the chican~s in place. Utility Committee. Councilmember Shoulberg reported on the l~/larCh 28 meeting, stating out of city s~rvice~axeaa, aa~xe the topic, and a report was made on a vi~eo made by lowering a camera down t~ell ,which demonstrated that the aquifer i~very shallow in that location. Councilmember Shoulberg stated that the Critical Areas Ordinance is very critical because of this finding, due to the potential for groundwater contamination from various sources. Councilmember Shoulberg addressed the letter from the American Legion regarding their request to have their utilities provided by the City without charge, which they justify based on a state law (RCW 73.04.070) which allows cities to provide utilities to veterans' organizations. Mayor John Clise has been approached on the street with this RCW information by various American Legion members, and since this is a formal request, then the full Council should address it. Councilmember McCulloch noted that this kind of special treatment is not fair to the taxpayers and that all utility users should pay their fair share in her opinion. Councilmember Westerman noted that city code does allow for discounts to disabled persons and senior citizens, but that applies only to individuals in need, not for organizations. The Councilmembers came to the consensus that Councilmember Shoulberg would invite the American Legion to the next utility meeting to discuss this in person. MAYOR's REPORT Mayor Clise provided a reminder that some Councilmember terms are expiring at the end of 1995, including his. Mayor Clise reported on his meeting with the Dudley property owners and representatives from the Surf restaurant regarding their proposal to build a beach-side deck and public restrooms. Mayor Clise stated that they will need to work with the Department of Fisheries, possibly offering habitat enhancement to offset the impact to the shoreline area. STAFF REPORTS City. Administrator. Michael Hildt announced that a new Public Announcement system is being installed by Jim Hess from Port Angeles. Mr. Hildt stated that the old system was 20 years old and could no longer be repaired, and noted that the new system will have an improved wiring scheme to remove the hazard of wires crossing the floor, it has better sound quality and the microphones are voice activated. Mr. Hildt reported that the new annual business license program as recommended by Council, will be implemented soon, with the licensing year starting August 1 and ending July 31. Mr. Hildt stated that the new license information will be sent out with the June 30 mailing of the B&O tax statements, and that an official ordinance with be presented for signature soon. Building & Community Development. Director Robison reported on two SEPA threshold determinations, one for the Union Wharf project, and one for the Lynnsefield Planned Unit Development, both were given Mitigated Determination of Non-Significance (MDNS). Mr. Robison reported that a local business investment group is looking at restoring the Eagle Building for retail and office space, and noted this building is one of the oldest in town dating back to 1867. 8 1867. Mr. Robison reported that a third option was developed for the Comprehensive Plan adoption schedule based on Councilmembers' input, (two scheduling options were presented originally) and he noted that the new condensed timeline will require Councilmembers involvement to help complete the project quickly. Mr. Robison distributed the Option//3 milestones list, and stated that the topic will be added to the next Council meeting agenda. l~llic,__W_ox~. Director Bob Wheeler provided a recreation department update, stating the swimming pool should be open on May 1, and that they are advertising for lifeguards and recreation staff. Mr. Wheeler noted the City will be taking on the Summer Enrichment program which is being discussed with the school district. Mr. Wheeler provided an update on the compost facih'ty, stating that the first batch of compost was in big demand, and sold out quickly, with only 130 cubic yards of a total 850 cubic yards sold to commercial interests, with the balance going to individual citizens in one or two cubic yard increments. Mr. Wheeler commended John Merchant and the rest of the compost facility staff for all of their good work. City' Attorney. Tim McMahan noted that the Lynnsefield Planned Unit Development and the Union Wharf project are quasi judicial, so the Councilmembers are advised not to visit the sites with the applicants or take phone calls on these issues. PUBLIC COMMENTS/QUESTIONS Cynthia Riskin, reporter for The LEADER newspaper requested confirmation of the cost of the new Public Announcement system, and asked a question on the new business license policy. Michael Hildt addressed both items, stating the P.A. system price is $8,500, and he suggested that Ms. Riskin would get complete details of the business license policy when the new ordinance is finished. NEW BUSINESS Resolution Authorizing Continued Use of City Property at Washington and Monroe as a Skateboard Park. RESOLUTION NO. 95-48 A RESOLUTION TO CONTINUE TO ALLOW THE USE OF THE CITY'S PROPERTY AT WASHINGTON AND MONROE STREETS AS A SKATEBOARD PARK UNTIL APRIL 15, 1996. Councilmember Harpole introduced this resolution, noting the many signatures received in favor of the project, and commending the Boiler Room's voluntary private involvement in the project. Councilmember Harpole encouraged support of this park as a valuable recreational area for the community's youths, and also solicited voluntary contributions from councilmembers and staff to provide funding for a portable toilet at the site. 9 Councilmember Davidson made a morion that the council adopt Resolution No. 95-48, which was seconded by Councilmember Harpole and passed unanimously by voice vote. · Pedestrian or Vehicular Interference Ordinance ORDINANCE NO. 2451 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 9.02, SECTION .200 OF THE PORT TOWNSEND MUNICIPAL CODE, TO RELATE TO PEDESTRIAN OR VEHICULAR INTERFERENCE. Mr. Hildt read the ordinance by rifle. Councilmember Shoulberg made a morion that the first reading be considered the second and the third be by rifle only which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Mr. Hildt again read the ordinance by rifle. Couneilmember Shoulberg made a morion that the Council adopt Ordinance No. 2451 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. Eme~ency Management Program Ordinance ORDINANCE NO. 2452 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER, 9.40 OF THE PORT TOWNSEND MUNICIPAL CODE, PROVIDING FOR THE PREPARATION AND IMPLEMENTATION OF PLANS FOR MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY WITHIN THE CITY OF PORT TOWNSEND IN THE EVENT OF AN EMERGENCY OR DISASTER. Police Chief Jim Newton introduced the ordinance. Councilmembers requested that section 9.40.100 be modified to add the Fire Department and the Building & Community Development Department to the succession. Mr. Hildt read the ordinance by rifle. Councilmember Davidson made a morion that the first reading be considered the second and the third be by rifle only which was seconded by Councilmember Harpole and passed unanimously by voice vote. Mr. Hildt again read the ordinance by tifle. Councilmember McCulloch made a motion that the Council adopt Ordinance No. 2452, as revised, which was seconded by Councilmember Perry-Thompson and passed unanimously by roll call vote. 10 Ordinance Establishing New Salary. for Recreation Director and Establishing a Salary. for a Recreation Instructor ORDINANCE NO. 2453 AN ORDINANCE AMENDING ORDINANCE //2450 INCREASING THE SALARY FOR THE POSITION OF RECREATION DIRECTOR AND ESTABLISHING AN EFFECTIVE DATE AND ESTABLISHING A RATE OF PAY FOR THE POSITION OF RECREATION INSTRUCTOR AND ESTABLISHING AN EFFECTIVE DATE. Mr. Wheeler introduced the ordinance. Councilmembers discussed concerns, and requested a change to Section 2 to describe the position as a jogging and conditioning instructor for Spring 1995. Mr. Hildt read the ordinance by rifle. Councilmember Perry-Thompson made a morion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Harpole and passed unanimously by voice vote. Mr. Hildt again read the ordinance by rifle. Councilmember Westerrnan made a motion that the Council adopt Ordinance No. 2453 which was seconded by Councilmember Harpole and passed unanimously by roll call vote. Resolution Authorizing an Interloeal Agreement with the Port of Port Townsend to Apply for a Public Works Trust Fund Loan Mr. Wheeler requested that this resolution be put on hold. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Davidson asked to be excused from the April 17 meeting, and Councilmember McCulloch asked to be excused from the April 17 and May 1 meetings. EXECUTIVE SESSION The Mayor recessed the meeting into executive session at 10:55 p.m. to discuss termination of a contract with Black Bear Systems. The meeting reconvened in public session at 11:25 p.m. Councilmember McCulloch made a morion to approve a contract terminarion payment in the amount of $2,500 to Black Bear Systems, which was seconded by Councilmember Shoulberg and passed by voice vote, with Councilmembers Perry-Thompson and Sokol not present for the vote. 11 ADJOURNMENT There being no further business, Mayor Clise declared the meeting adjourned at 11:30 p.m. John M. Clise, Mayor Attest: Acting City Clerk 12