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
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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
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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.
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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.
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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.
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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.
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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.
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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
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