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HomeMy WebLinkAbout09051995 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF SEPTEMBER 5, 1995 The City Council of the City of Port Townsend met in regular session this fifth day of September, 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, Diane Perry-Thompson, Ted Shoulberg, Robert Sokol, and Sheila Westerman. Also present were Acting City Clerk Michael Hildt, Police Chief Jim Newton, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Director of Building & Community Development Dave Robison, Fire Chief Howard Scott, and Acting Clerk Sheila Avis. There were none. INTRODUCTIONS and/or RECOGNITIONS: AGENDA CHANGES or ADDITIONS: The following item was removed from the Consent Agenda: Approval of Resolutions: St. Vacation No. 9508-03 - David Nechak and Stephanie Snyder Public Hearing set for 10-2-95. Four letters were added to Channelling Communications. CONSENT AGENDA Councilmember Sokol 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 following Bills and Claims: 010 Current Expense $ 7,219.70 094 Garbage 40,678.20 110 Street 1,351.84 120 Library 3,011.42 130 Park 3,194.29 150 Hotel/Motel Transient Tax 1,000.00 170 Emergency Medical Services 257.10 180 Capital Improvement 4,880.39 190 Community Development Block Grant 5,400.00 301 95 Storm Property Acquisition 500.00 330 93 Water Quality Improvements 2,675.77 371 95 San Juan Ave Improvements 3,350.00 411 Water-Sewer 32,392.52 412 Storm and Surface Water 72.05 416 1956 Special Water Bond -RESERVE 500.00 500 Equipment Rental 7,847.99 610 Firemen's Pension and Relief 114,72 Total $114,445.99 A~t~roval of Short Plats: Short Subdivision No. 9306-04 David Green Final Plat for Concurrence. Short Subdivision No. 9410-09 Gary Kennedy Final Plat for Concurrence Communications: A letter dated August 19, 1995, from Charles W. O'Hara, 2145 Ivy Street, Port Townsend, regarding Vantage Homes PUD Approval. (For information.) A letter dated August 19, 1995, from Ann Olivia Levi, 807 Taylor Street, Port Townsend, regarding Golden Age Club property. (To Parks, Property Committee.) A letter dated August 25, 1995, regarding Referendum 48. (For information.) Added letters: A letter dated August 22, 1995, from Earnest and Schen Callahan, 1071 Landes Court, Port Townsend, requesting rezoning of their property. (For Comprehensive Plan Land Use Committee.) A letter dated August 30, 1995, from Lois A. Overton, 200 Quinault Loop, Port Townsend, regarding saving the walnut tree on San Juan at 35th Street on Mr. L. Castellano's property. (For Information.) A letter dated August 31, 1995, from L. Castellano, reaffirming his permission for the City to 2 remove the walnut tree from his property. (For Information.) An undated signed form letter from Karen Young, 1457 Thomas Street, Port Townsend, and a box of approximately 130 other signatures on the same form letters requesting assistance downtown with funding for foot and bicycle patrols during business hours and creating a public area for community events in the public parking lot between the Lighthouse Cafe and the Flagship Landing. (For information.) This concludes the Consent Agenda. PUBLIC COMMENTS Ms. Julia Cochran presented a compilation of proposals and resolutions she wishes to be considered for affordable housing and low income programs. She offered her services and expertise and asked which councilmembers would be willing to help her formally draft the documents. PUBLIC HEARINGS Variance Application No. 9507-05 -St. Hermans of Alaska Eastern Orthodox Church. Director of Building and Community Development Dave Robison introduced the variance application and distributed Exhibit B. Councilmember Sokol questioned the word "combustible" in Findings of Fact No. 4 when in the same finding it previously was used "noncombustible". Dave Robison agreed the word "combustible" was incorrect. Mayor Clise opened the heating for public comment. Councilmember Sokol said he supports the project but raised the issue of the 1971 Zoning Code and churches built since that time legally conforming to it. He stated the issue is more of procedure and suggested removing conclusions 3 and 4. Mr. Robison stated those conclusions legally have to be met. After discussion Councilmember Sokol moved to approve the Findings of Fact and Conclusions as corrected changing the word combustible to noncombustible in Finding of Fact No. 4. Councilmember Harpole seconded the motion. Father Nicholas Kime questioned the requirement to be noncombustible. Mr. Robison answered it is part of the Uniform Building Code. Father Nicholas asked if they chose to make an exception, would the wording of this variance stop that from taking place? After brief discussion, it was determined there should be no change of the word "combustible" and the motion passed unanimously without the change. Mr. Robison discussed making administrative variances at the staff level if variances do not interfere with character and purpose under the Comprehensive Plan. He stated it would take much less time. He will bring those proposals to Council. COMPREHENSIVE PLAN COMMITTEE REPORTS There were no committee reports. STANDING/ADHOC COMMITTEE REPORTS Parks. Recreation and Property_. Councilmember Harpole stated he had the opportunity to attend the Library Board Meeting August 28th. He noted the library needs a dry place large enough to store and sort books. Any leads would be appreciated. Library Director Linnea Patrick said they could do without shelving at this site. Mr. Harpole reported a meeting of the Parks, Recreation and Property Committee September 7 at 3:00 p.m. and noted it will be a 2 hour meeting to consider many different projects. He also announced a United Good Neighbors fund raising concert the evening of September 6th at Fort Warden featuring the Brothers Four. Joint Utilities Committee. Councilmember Shoulberg said the Joint Utilities Committee met last week for about 1 hour in executive session. Councilmember Sokol was excused. He reported the remaining time was spent discussing an upcoming September 1 lth Public Utilities District (PUD) meeting and the concern over PUD becoming the water purveyor of Jefferson County. Finance Committee. Councilmember McCulloch set a Finance Committee Meeting for September 25 at noon. She and Mr. Hildt explained Labor Negotiation meetings are executive sessions and closed to the public. MAYOR'S REPORT Mayor John Clise made no report. STAFF REPORTS 4 Finance Department. City Administrator Michael Hildt noted a number of changes have been made in the physical arrangement of his downstairs offices He reported the recently installed receipt accounting system is working very well. He stated the changes are making more efficient use of the space, but may make a short wait for some people. Public Works: Director Bob Wheeler said chip and seal work is continuing on Tyler and Hastings Streets. He reported regarding San Juan Avenue and the start of school today. He said paths were being used very much, and the path on the east side, north of Lopez, worked quite nicely today. He indicated other work had not been done on the east side because they had not received a confirming appraisal on the Castellano property. He said maintenance personnel indicated this was the easiest school start they had had. Mr. Wheeler also reported bicycle lanes were working well on 19th Street. He referenced an article being published in this week's Port Townsend Leader regarding the radar speed monitor being used by the Public Works Deparlment in the area of the Blue Heron School to help control traffic for start of school. Mr. Wheeler announced a 90% plans and specs review for the Union Wharf. He said the engineers have underestimated the fire suppressant system and that will be corrected. He reported bidding for the project should take place this fall and indicated they anticipate working in water March 15 to June 15. Mr. Wheeler said the City and Port have been working on a viable swale project for drainage off Simms Way. He indicated Weyerhauser will be demonstrating for them the use of alder fibers. Mr. Wheeler also noted a bicycle program that Dave McCulloch has been assisting in and announced a meeting September 12, 7:30 p.m. in Pope Marine Building. Library.. Director Linnea Patrick invited everyone to a presentation on good books by Nancy Pearl, Director of the Washington Center for the Book, Seattle Public Library, co-sponsored by Port Townsend and Jefferson County Libraries. The presentation will be at the Jefferson County Library, September 14, 7:00 p.m. Police Department. Police Chief Newton thanked Public Works for their safety assistance at the start of school. He noted drivers and pedestrians are also being cited for positive actions. These measures will continue until traffic is normalized. Chief Newton reported that after 7 months the final disposition of the police shooting case will be completed by the Washington State Patrol, and a statement will be made later this week. Solid Waste Disposal Facility. Operator John Merchant reported August 23rd 550 cubic yards of compost was sold. He said the next batch will be ready in February or March. He stated many were disappointed at not being able to purchase compost because of the sell out. He indicated next year they will attempt to limit sales to three loads and sell for 3 days. Mr. Merchant apologized to all who were tamed away. He stated August 1 st they began weighing yard waste and noted for the received 5 162 tons. PUBLIC COMMENTS/QUESTIONS Mayor Clise opened the meeting for Public Comments/Questions. Ms. Katherine Jenks cited findings of 1987/88 Chemanite treatment on deck surfaces at the Wave View Gallery. She reported the Department of Agriculture was requested to investigate the use of Chemanite and stated they confn'rned the presence of copper arsenate from the Chemanite, but rather than make a citation they required a change of wood. She asked that the City consider design change for hand rails at the Union Wharf to Alaska Yellow Cedar, rather than Douglas Fir which has to be treated with Chemanite. She noted kids will touch hand railings and get the chemical into their mouths. She said painted hand rails were reported to be a maintenance problem. Discussion followed and Mayor Clise said the committee has been thorough in its deliberations. Ms. Jenks made a rebuttal indicating she had a paper trail on the 1987/88 findings. Mr. Kirby Newman from the Peninsula Daily News requested that although meetings are closed to the public they be announced. He noted that people need to know when these meetings are being held. Mayor Clise closed the Public Comment/Questions portion of the meeting. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Mayor Clise opened the meeting to the Public for comment on the motions made by Council during the Committee/Staff reports. There being none, Mayor Clise closed the Public Comment portion of the meeting. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS RESOLUTION NO. 95-100RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING AN EMERGENCY AND WAIVING PUBLIC BIDDING REQUIREMENTS. City Attorney Tim McMahan explained the resolution. 6 Discussion ensued. Councilmember Sokol made a motion that the Council adopt Resolution No. 95-100 which was seconded by Councilmember Westerman and passed unanimously by voice vote. ORDINANCE NO. 2475 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AUTHORIZING CONDEMNATION OF LAND FOR STREET, SIDEWALK, UTILITY, AND OTHER RIGHT-OF-WAY PURPOSES. City Attorney Tim McMahan explained the ordinance. Mr. Hildt read the ordinance by title. 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 Harpole and passed unanimously by voice vote. Mr. Hildt again read the ordinance by title. Councilmember Sokol made a motion that the Council adopt Ordinance No. 2475 which was seconded by Councilmember Davidson and passed unanimously by roll call vote. ORDINANCE NO. 2476 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 10.40, SKATEBOARDS AND ROLLER SKATES, OF THE PORT TOWNSEND MUNICIPAL CODE, TO ADD OMITTED STREETS FROM PROHIBITED AREAS. City Attorney Tim McMahan explained the ordinance. Mr. Hildt read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. Mr. Hildt again read the ordinance by title. Councilmember Davidson made a motion that the Council adopt Ordinance No. 2476 which was seconded by Councilmember Perry Thompson. Councilmember Sokol questioned what he deemed inconsistencies in the prohibited locations. Discussion followed. Councilmember Sokol moved to amend Ordinance 2476 Paragraph 10.40.020 as follows: A. Water Street between Monroe Street to Benedict Street; B. Washington Street between Monroe to Harrison Street; Councilmember Shoulberg seconded the motion. Discussion followed and the motion failed by voice vote. 7 Councilmember Sokol moved to amend Paragraphs 10.40.020 C, D, E and G to terminate at the shoreline and the Council adopt Ordinance No. 2476 as amended which was seconded by Councilmember Davidson and passed unanimously by roll call vote. RESOLUTION NO. 95-101 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND, THE CITY'S POLICE AND FIRE DEPARTMENTS AND JEFFERSON COUNTY, JEFFERSON COUNTY SHERIFF'S DEPARTMENT AND JEFFERSON COUNTY FIRE PROTECTION DISTRICTS 1, 2, 3, 4, 5 AND 6 FOR A JEFFERSON COUNTY FIRE INVESTIGATION TASK FORCE. City Attomey Tim McMahan explained the resolution. Councilmember Sokol made a motion that the Council adopt Resolution No. 95-101 which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember McCulloch noted the impressive Americorp Graduation she recently attended. She made a motion to send a letter of thanks to Norm Dicks, Slade Gorton and Patty Murray and President Clinton for their assistance in this project, what it accomplished for the City of Port Townsend and requesting reauthorizing the program with funding attached. The motion was seconded by Councilmember Harpole and passed unanimously by voice vote. Councilmember McCulloch made a motion to also send a letter of thanks for the ISTEA Program which was seconded by Councilmember Westerman and passed unanimously by voice vote. Councilmember Davidson reported he would be available to attend the Library Board Meeting October 23rd. Councilmember Shoulberg asked Councilmember McCulloch the status of Regional Services negotiations. She replied things are going well and the September 12 meeting is expected to be the final meeting. She and Michael Hildt said they would brief the Council next Council Meeting. Councilmember Westerman requested Public Works give consideration to working around the walnut tree in question in the San Juan project, rather than cutting it. Councilmember Westerman also referenced a letter she had from the Sir Plus Store requesting raising sales tax by 1% to fund police patrol downtown. During discussion it was determined the matter was not within the City's jurisdiction, that the City was previously granted a 1/10% increase in sales tax for Criminal Justice and could not request another increase. Ms. Westerman asked Mr. 8 Hildt if his office could respond to Sir Plus' request and he agreed. Councilmember Sokol spoke about the approximate 130 letters and other recent requests made addressing the downtown problem. He stressed the need for priority in funding bicycle patrols. Councilmember Davidson asked Police Chief Newton how many positions for Police Officers were still unfilled. Chief Newton reported only one is unfilled, that they are held up by a 6 month backlog at the Police Academy. Chief Newton also responded that their first priority is to answer calls before policing downtown. Councilmember Perry-Thompson reported the following contributions being made for merchants and kids downtown: $1,000 for the Skateboard Lot, and contributions to the Boiler Room and Main Street. There being no further business, at ADJOURNMENT 8:53 p.m., Mayor Clise adjoumed the meeting. Attest: 9