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HomeMy WebLinkAbout02051996 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 05, 1996 The City Council of the City of Port Townsend met in regular session this fifth day of February, 1996, at 7:00 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Dan Harpole, Diane Perry-Thompson, Ted Shoulberg, Ian Keith, and Kathryn Jenks. Also present were Acting City Clerk Pam Kolacy, 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, Library Director Linnea Patrick, City Planner Eric Toews, and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS Mayor McCulloch noted tomorrow is voting day, reminding people to do so. AGENDA CHANGES or ADDITIONS Mayor McCulloch advised the audience no action or discussion of the golf course will be considered at this meeting. She also cited the agenda item, Approval of Appointments, and noted Ian Keith's appointment to Jefferson County Water Resources Council does not require approval. Approval of Resolution Supporting the Application of Kevin Widell for a Washington State Revolving Loan Fund removed from the Consent Agenda and added to New Business. Letters added to Channelling Communications: · Letter dated January 19, 1996, from Eric Bartl, Fraternal Order of Eagles Aerie #182. · Letter dated January 21, 1996, to Mayor McCulloch and copied to Council from Joseph B. Finnie. · Letter dated January 25, 1996, from Candice Mulvey, Rhododendron Festival Committee. · Letter dated January 31, 1996, from Mayor McCulloch to The Honorable Marc Gaspard, Washington State Senate Majority Leader CONSENT AGENDA Councilmember Davidson made a motion to approve the following items on the Consent Agenda as amended which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. Approval 0fthe Minutes for January_ 16, 1996, as written without reading. Approved as corrected. Approval of the following Bills and Claims: 010 Current Expense $ 39,705.34 094 Garbage 35,092.68 110 Street 2,977.74 120 Librar~ 5,975.74 130 Park 3,772.17 150 Hotel/Motel Transient Tax 521.70 321 Union Wharf Reconstruction 9,999.50 360 Local Improvement District #1 1,259.42 411 Water- Sewer 64,076.00 412 Storm and Surface Water 3,047.83 500 Equipment Rental 5,653.41 610 Firemen's Pension and Relief _4.385.43 Approval of Plat: Total $176,466.96 Janel Carlson Short Plat No. 9408-05 Approval of Appointments: · Robert E. Farr to the Community Oriented Policing Advisory Board ·Ian Keith to the Jefferson County Water Resources Council. Out of State Travel Approval: · Officers Conner Daily and Robin Biffel to attend Critical Incident Stress Debriefing Training in Reno, Nevada; February 8, 9, 10 and 11, 1996. · Parking Enforcement-Evidence/Property Custodian to attend Property and Evidence Management for Law Enforcement Agencies Training in Eugene, Oregon; May 9 and 10, 1996. · Police Chief Jim Newton and Officer Conner Daily to attend "Parent Project" Training in Ontario, California; February 26 through March 1, 1996. Approval of Resolutions: RESOLUTION NO. 96-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SETTING A HEARING TO DETERMINE WHETHER PUBLIC PROPERTY (REAL ESTATE) SHOULD BE SOLD AS SURPLUS PROPERTY. 2 RESOLUTION NO. 96-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING THE APPLICATION OF WATANGAA, INC. FOR A WASHINGTON STATE REVOLVING LOAN FUND. RESOLUTION NO. 96-18 A RESOLUTION OF THE CITY COUNCIL OF THE TOWNSEND AUTHORIZING THE MAYOR TO TRANSPORTATION RELATED GRANT APPLICATIONS. CITY OF PORT SIGN VARIOUS RESOLUTION NO. 96-19 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO BID CONSTRUCTION IMPROVEMENTS FOR THE TRI-AREA WATER TREATMENT FACILITY INCLUDING INSTALLATION OF CHEMICAL TANKS, A FILTER TANK, AND INSTRUMENTATION AND CONTROL IMPROVEMENTS. RESOLUTION NO. 96-20 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER NO. 3 TO THE LITTLE QUILCENE DIVERSION RECONSTRUCTION CONTRACT WITH PORTER BROTHERS CONSTRUCTION, INC. FOR MISCELLANEOUS ITEMS. RESOLUTION NO. 96-21 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE STATE REVOLVING FUND LOAN AGREEMENT FOR THE PURPOSE OF EXTENDING THE PROJECT COMPLETION DATE. RESOLUTION NO. 96-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO DESIGNATE AN AGENT TO APPLY FOR FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). Communications: A letter dated January 16, 1996, from City Building and Community Development Director Dave Robison to Jefferson County Commissioners regarding County Moratorium Ordinance No. 19-1121- 95 and offering comments for the Commissioners review. (For information.) A letter dated January 16, 1996, from Erik Andersson, Executive Director, Economic Development Council of Jefferson County, requesting City support for an application to the North Coast Revolving Loan Fund by Watangaa, Inc. for its purchase of Coyote Found Candles. (For information.) A letter dated January 22, 1996, from Patricia Scott including 18 additional signatures to Port Townsend School District Superintendent Medina and copied to the Mayor, Councilmembers and Pool Manager Frank Casella enumerating maintenance problems at the City Pool in Mt. View Elementary School. (For information.) A letter dated January 24, 1996, from Rhonda Brooks, Manager, Public Private Initiatives Program, Transportation Economic Partnerships, forwarding Washington Administrative Code (WAC) 468- 105 Public Advisory Elections for Selected State Transportation Facilities. (For information.) A letter dated January 26, 1996, from David Lanza, P.O. Box 501, Port Townsend, requesting to rent or lease a City-owned empty lot at approximately 803 Water Street to create a portable structure to house a sandwich booth. (To Parks, Recreation and Property.) A letter of complaint copied to Council January 29, 1996, from Jack D. Guiher, 536 50th Street, Port Townsend, regarding stormwater plans and fees. (To Utilities.) A letter dated January 19, 1996, from Eric Bartl, Project Manager, Trustee, Fratemal Order of Eagles Aerie #182, requesting the parking variance be withdrawn and not submitted to City Council February 5, 1996. (For Information.) A letter dated January 21, 1996, to Mayor McCulloch and copied to Council from Joseph B. Finnie, Proprietor Bishop Building and Hotel, 714 Washington St., Port Townsend opposing locating the Police Department and City Attorney offices into the Antique Mall Building. (To Public Safety.) A letter dated January 25, 1996, from Candice Mulvey, Rhododendron Festival Committee, requesting funds to assist in towing the Port Townsend float. (To Finance Committee.) A letter dated January 31, 1996, from Mayor McCulloch to The Honorable Marc Gaspard, Washington State Senate Majority Leader expressing concems regarding HB 2223, "Private Property Protection Act". (For Information.) This concludes the Consent Agenda. PUBLIC COMMENTS Ms Carol Lough gave a recycling update for Skookum Environmental Services. She reported various recycling efforts being made at the Port Townsend schools and stated recycling education is very active. She noted the good response to Skookum's Christmas newsletter and stated they are 4 updating their mailing list. Ms Lough said beginning the first of the year recycling is being picked up curbside every other week. Mr. Erik Andersson spoke in support of the Watangaa, Inc. (doing business as Coyote Found Candles ("Watangaa")) application to the Washington State Department of Community Trade and Economic Development for the North States Revolving Loan Fund. He pointed out funding is done through the Federal Government, controlled locally, and that Jefferson County Economic Development Council assists in packaging the projects. He noted the Widell project is to be discussed later during new business. Mr. Joshua Sage, current owner of Watangaa, Inc. also spoke in support of the loan application. Mr. Bruce Marston, Boiler Room board member, requested support of the proposal for financial assistance for the Boiler Room and noted its growth. Mr. Bob McGarraugh, member of the Youth Adhoc Committee noted the Boiler Room as a smoke-, drug-, alcohol-free safe space for youth and also requested support of the proposal. PUBLIC HEARINGS Eagles. FOE #182. Parking Variance: A letter from Mr. Eric Bartl, Project Manager, Trustee, stated the revised building plan brings them within the requirements and requested variance (Parking) Application No. 9511-14 be withdrawn. Water Service Area Resolution: Councilmember Shoulberg stated the hearing is being held to encourage public input. He noted the two water issues are equitableness and sustain ability. He then introduced Ms. Colette Kostelec, consultant for the City, who presented the analysis and assumptions based on a 20-year forecast in four different scenarios. She noted the City is required as a utility to plan for 20 years. Public Works Director Wheeler stated it is important to note that if the Resolution goes forward it gives policy direction. He stated the resolution does not change things, it is for water planning. He said he feels the assumptions are as correct as any, and cited the need to be flexible to negotiate with the County. City Attorney McMahan stated that he filed with the Clerk's desk Exhibit C of the Consolidated Water System Plan (CWSP). He noted the Resolution is the best to date and is a policy document. He stated this has not yet gone through a State Environmental Policy Act (SEPA) review, that it will be done in two versions. Councilmember Jenks asked if the public, County officials, and audience had opportunity to view the resolution? Mr. Wheeler responded that the September 1995 draft resolution was discussed at numerous meetings throughout the County and led to the final draft. He noted that Councilmember Shoulberg presented it in January to the Water Utility Coordinating Council and at the Utilities Committee Tri-Area public meeting, and in November it was sent out as part of the minutes. Mayor McCulloch proposed the resolution remain in the file for the duration of the process. Mayor McCulloch opened the public heating to the Public. The following comments were presented in favor of the resolution: Mr. Guy Rudolph noted changes had been made to the resolution the public had not seen and stated they should take a look at it. City Attorney McMahan replied the changes were made in response to comments made from the Tri-Area meeting and from the County. Ms Andy Grahn stated she was speaking for various land owners. She said she is In favor of transfer of ownership, but asked how contiguous ownerships were to be handled. She also said it is not consistent with the Urban Growth Area (UGA) and the Water Service Area. Mr. Pete Langley, Port Townsend Foundry, said it is good for small businesses to be able to move outside of town. He noted he had opposition to some portions of the resolution. The following comments were presented in opposition to the resolution: Mr. Guy Rudolph, Irondale, urged the City to leave the service area as is, and Council not to adopt the resolution portion. Mr. A1 Boucher stated he had examined the November 17 proposal. He referenced the County's December 4 memorandum concerning the Growth Management Area and registered strong opposition to the unilateral issues. Mr. Scott Browning addressed commercial areas outside of the proposed boundaries. He asked if they are at risk of not being commercial, and requested that lines not be drawn, that they be left to change. Mr. Joe Breskin, Irondale, asked if the process is being done the right way. He expressed concem if the City and County analysis is actual, the amount of water and how it is to be distributed. He noted the community needs for infrastructure. He stated there are some inconsistencies and said the resolution needs some scrutiny. Mr. Craig Smith stated he had attended the Tri-Area hearing in January. He suggested that water be available on both sides of Rhody Drive and Nesses Comer Road. He spoke of a utility district for the County. 6 Mr. Pete Langley spoke about putting water to the west side of Jacob Miller Road. He said some large parcel owners will be recipients of a windfall. A Hadlock resident asked what criteria were being used to designate outside lines and stated lines drawn through commercial areas does not seem right. Ms. Joy Modispacher addressed the matter of lines. She told of requesting water for property to be used commercially and was assured it would be available, then six months later upon request for water was told they were not within the service area. She noted you can't have commercial property on a well. Ms Andy Grahn, representing the Old Alcohol Plant, stated there is a lot of information to guide in planning, but suggested lines don't need to be drawn now. She questioned adequacy of the analysis and noted the SEPA and environmental reviews to be made. Mr. Richard Wojt, County Commissioner, read a proclamation passed today by the County Board of Commissioners. He noted downsizing of the Tri-Area service area and criticism from the public to come with a completed plan. He said the public wants to talk at the assumption level, that all assumptions should be up for honest discussion. When the public makes comments and asks questions, we should not explain away our assumptions. He noted the need to stop talking about the City and County as separate entities, that we are failing in regard to water issues. Mayor McCulloch asked regarding the use of the word unilateral, if the County understands this is one step in the process. Councilmember Shoulberg countered Mr. Wojt with the lateness of his coming forward with his statements, that discussions had been ongoing and information available. Mr. Ryan Tillman, Irondale, questioned System Development Charges, and raised issues concerning Glen Cove. He stated the assumption of 800 gallons per day seems very conservative according to what the State allows, and asked if there might be a second downsizing for the SEPA review. There being no more opposing comments, Mayor McCulloch again opened the hearing for to those who wished to speak in favor of the resolution. There being none, she pronounced the Hearing closed to the Public and opened it for Council comment. Questions asked by the public were identified for response: Mayor McCulloch: How to handle contiguous ownership where parcels are split. City Attorney McMahan: Lines are subject to further review. Council can ask staff to review. Allow changes for both sides of the street. 7 Councilmember Shoulberg: Page 10, language of paragraph 2.2 can be changed after hearing. Mayor McCulloch: Water Service Area inconsistencies, does it include the whole UGA? Public Works Director Wheeler: Inconsistencies with dead end lines and areas in the west side of the City being considered by the Quimper Planning Group. Councilmember Jenks: Pete, can you cite violations and what ownership patterns are? Attendee Pete Langley: Not planning additional service beyond Jacob Miller Road. Mr. Langley: Actual water lines not shown on the map? Mr. Wheeler: Very light but to the best of our knowledge. Mayor McCulloch: Is there going to be a utility district for the County? Mr. Wheeler: They don't have much available water right now. If they are interested in becoming the entity, it is questioned. Comments or Questions Raised by the Public: City Attorney McMahan stated information had been provided to the County Staff beginning last October and November and as late as last Tuesday the resolution was taken to the County and asked to have it circulated to the staff. He expressed concern regarding the lateness of'the Commissioner's statements and that no comments were received before. He stated the map is the same as the County. Mr. Wheeler noted information for the Consolidated Water System Plan, and that it had not been many months earlier there had been a joint meeting. Conncilmember Jenks asked regarding Mr. Boucher's comment, if the GMA Steering Committee had participated in this. Mr. Shoulberg replied the Water Utility Coordinating Council was mandated by the State. He stated it could be done when the Land Use plans are done, but it is a water utility. Mr. Wheeler replied to Mr. Rudolph's concern regarding water reduction impacting the Irondale incorporation. He said he does not feel this would be detrimental. He also stated he feels this was a realistic assessment of a lot of things: how much water do we feel we have available; who is doing what in that area. He indicated the County needs to step up to the line. Mr. Wheeler stated regarding Ms. Modispacher's comments that they would look at her requests if she is now ready to move. Regarding the Alcohol Plant, he stated they would not say no to them. He indicated the State is reviewing their plans now, and they will probably become a City customer, and a few others with prior contractual obligations. Ms. Jenks asked conceming the precommitment process. Mr. Wheeler stated they do not have a water reservation system in an attempt to hold water. He said regarding Glen Cove, they had not heard directly from them, that they will go through the CWSP Mr. Shoulberg noted the UGA is countywide planning. Councilmember Harpole stated this is an emotional issue and that the map raises issues that will get straightened out. He referred to the Commissioners, that this opens the public process and that requires dialogue. He stated the City has made a good effort. This will be debated for some time to come, that it is a good start. There are issues to be resolved, but this is a process for ample additional comment to resolve those issues. Councilmember Keith pointed out one thing that had come up over and over again, assumptions are not good and estimates faulty. He stated this is a meshing of land use and utility decisions. We have to start somewhere; this is not the end of the process, but a step we have to take at this point. Councilmember Davidson said planning and reviewing assumptions could go on forever. He stated he had gone to numerous meetings on the subject, and applauded continuing efforts being made. He indicated it is time for action and noted this resolution is not putting up a barrier, but is the beginning of public process, and he supports it. Councilmember Jenks said she had no criticism of people who had left the meeting, and voiced concern for issues in the area west of the City. RESOLUTION NO. 96-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING POLICIES TO GUIDE THE CITY'S WATER SYSTEM PLAN PROCESS AND THE CITY'S PARTICIPATION IN THE CWSP PROCESS; PROPOSING A REVISION TO THE CITY'S EXTRATERRITORIAL (OUT-OF- CITY) WATER UTILITY SERVICE AREAS; AND DESIGNATING THE CITY'S CWSP SERVICE AREA PROPOSAL Councilmember Shoulberg made a motion that the Council adopt Resolution No. 96-23 which was seconded by Councilmember Keith and passed unanimously by voice vote. COMPREHENSIVE PLAN COMMITTEE REPORTS Councilmember Harpole stated the video prepared by Mark Welch, City Planning Commission, will be out tomorrow. He mentioned the Comprehensive Plan Workshops to be held the next four weeks in the Pope Marine Building. Mr. Eric Toews, City Planner, discussed the Comprehensive Plan Process Timeline and Public Involvement Strategy. He indicated one of the primary goals of the Growth Management Act is to provide early and continuous public participation during the planning process and suggested tools 9 to use to facilitate it. He asked for input from Council. Councilmember Keith asked about reconvening coffee hours. Mr. Robison stated they do not have staff time to repeat this and that it is best for citizens to come to workshops. Mayor McCulloch said they are sending notices to participants of previous coffee hours; she also agreed to represent the City at local service clubs. Mr. Robison stressed need for early and continued public participation. STANDING/ADHOC COMMITTEE REPORTS Councilmember Harpole gave an update of applications for the vacant Council seat. He stated six applications had been received, three formally completed as to the process Council agreed upon from Kathryn Carlton, Geoffrey Masci, and Jean Camfield. He asked the other three, Lyn Hersey, Julia Cochrane and Scott Walker, be contacted and invited to complete a formal application. Parks. Recreation and Property. Councilmember Harpole referenced the resolution for the benefit dance for the Summer Enrichment Camp Program. He reported discussion of the Parks and Recreation Comprehensive Plan at their January 25 meeting. He presented the Feasibility Report of the Port Townsend Transient Marina PTM2002 by the PTM2002 Committee made up of Bill Plice, Mark Beaufait and Dave Udell. He noted they are requesting City support to secure grant funding for a professional feasibility study of this concept. He noted there is a huge hurdle ahead to secure all proper permits. He stated that although they are requesting endorsement from Council to apply for the grant money, they are requiring no resources from the City. Councilmember Jenks asked if it is appropriate for Council to participate since this may come back to Council as a quasi-judicial matter. City Attorney McMahan stated this is a very preliminary process, that Councilmembers should participate only on a purely conceptual level to support the grant application study. Councilmember Davidson made a motion that Council endorse the concept of the PTM2002 Team to seek grant money for a feasibility study grant that would not require any funds from the City which was seconded by Councilmember Harpole. After discussion, Councilmember Davidson revised the motion that Council direct the City Attomey to prepare a resolution to bring back to Council in support of there being a feasibility study, which was seconded by Councilmember Harpole. Councilmember Harpole stated the PTM2002 Team also requested a Councilmember liaison person. City Attomey McMahan stated the liaison appropriately should be a staff person and/or the Mayor. Councilmember Shoulberg made a motion to approve the conceptual idea as in the plan and Council move forward to endorse a vote on the plan of PTM2002, which was seconded by Councilmember Harpole. 10 Voting was held until after Public Comments. Youth Ad-Hoc Committee. Councilmember Harpole brought a project proposal from Dott Kelly and the Board of Directors of the Boiler Room requesting a $2,500 grant from the City to keep the Boiler Room open. The proposal includes volunteer professional services to youth to provide counseling and resource services on a regular basis. Five trained volunteers are already available. Mr. Harpole recommended this proposal go the Finance Committee. He reported the next meeting for February 6 at the Pope Marine Building. Housing and Community Services. Councilmember Perry-Thompson reported they met January 22 and February 5 to work on the final draft of the City's Waste Reduction and Recycling Plan. She said the Plan will next go to the Solid Waste group, then to Council. Land Use. Councilmember Keith reported they discussed Regulatory Reform at their January 25th meeting. He said draft sections of Notice of Application were distributed for review for the following meeting. A proposed process for land use was discussed and tentatively approved; he stated more work needs to be done before the April 1 deadline. Due to Councilmember Keith's absence at the February 1 meeting, Councilmember Davidson reported on the committee discussion of the draft application approval process. He announced the next meeting for February 6. Councilmember Jenks requested Council to consider a short discussion on House Bill 1724 or Regulatory Reform, so Council can be aware of the policies, time limitations and issues throughout the act, as well as the overall philosophy of the Act. Councilmember Shoulberg stated he would also like more information. Discussion ensued as to the availability of time and disruptions to the ongoing processes. Copying summaries was proposed. Councilmember Davidson said that after the April 1 deadline requirements, they could schedule time for more Council information. Finance. Councilmember Davidson reported at the January 21st meeting they discussed the Economic Engineering Service (EES) performance as utilities rate consultant. He said they went over the Public Works financial report, and stated Public Works has agreed to provide better information in terms of quality and timeliness which would allow the consultant to do a better job. The committee recommended that Council retain EES for the rate study. He reported the next meeting for February 13. Public Safety Committee. Councilmember Jenks reported they had discussed the donation offer of a computer system hardware by Mr. Schwilke at their January 23 meeting. She stated the Police Department has considered the donation and will respond to Mr. Schwilke. She said they are working on a draft animal control ordinance as well as a list of priorities for 1996. Utilities. Councilmember Shoulberg reported on their January 22 meeting and stated they are closing on cable negotiations. He referenced an article on technology and said the Intemet is very 11 fast on coaxial cable. He indicated they are attempting to incorporate new technology into the franchise agreement. He also reported January 5 discussions on stormwater and the Water Service Area and announced a February 12 meeting at Noon. MAYOR'S REPORT Mayor McCulloch reported four meeting positions are open requiring Council participation. She announced Councilmember Shoulberg's appointment to the National League of Cities Committee on Energy, Natural Resources and the Environment. The Mayor stated a representative of Congressman Norm Dicks would be meeting with her tomorrow and she asked if there were any input for her to give from Council. STAFF REPORTS Building and Community Development Robison reported that City and County staff are working diligently on a preliminary population agreement. He stated they are preparing a resolution for Council. He noted the two geographical Urban Growth Area designations of Port Ludlow and the City remain the same. Public Works Director Wheeler presented the revised Public Works Priorities and reported a meeting with the School Board regarding San Juan Avenue. Councilmember Keith questioned the pipeline continuing to show on the priorities listing, and it was noted it was to show the budgeted monetary amount only. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. Bill Plice spoke about PTM2002 and said he wished that Council had time to be involved in the proposal and said he appreciated Councilmember Jenks' concern how grant money would be available. He noted the project will require a lot of scrutiny. Mayor McCulloch closed the Public Comment/Questions portion of the meeting. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Mayor McCulloch opened the meeting to the Public for comment on the motions made by Council during the Committee/Staff reports. 12 After discussion regarding the intent of the morions regarding the PTM2002 feasibility study, it was determined to reverse the order in which the motions would be voted. Vote was taken on the motion made by Councilmember Shoulberg and seconded by Councilmember Harpole that Council approve the conceptual idea of a grant application as in the plan of the PTM2002 Committee to perform a feasibility study on the PTM2002 project. There was a unanimous voice vote in opposition. A vote was then called on the revised motion made by Councilmember Davidson and seconded by Councilmember Harpole that Council direct the City Attorney to prepare a resolution in support of the grant application by the PTM2002 Committee for funds to perform a feasibility study on the PTM2002 project. The motion passed by a voice vote of three Councilmembers in favor, Councilmembers Keith and Shoulberg opposing and Councilmember Jenks abstaining. UNFINISHED BUSINESS ORDINANCE NO. 2504 AN ORDINANCE REZONING TAX PARCEL NO. 38 AND NO. 39 IN THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY FROM R-IA TO P-I, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND; AND ESTABLISHING AN EFFECTIVE DATE. Ms Kolacy read the ordinance by title. Councilmember Davidson made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jenks and passed unanimously by voice vote. Ms Kolacy again read the ordinance by title. Councilmember Davidson made a motion that the Council adopt Ordinance No. 2504 which was seconded by Councilmember Harpole and passed unanimously by roll call vote. RESOLUTION NO. 96-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE DEPARTMENT OF HEALTH TO SET A SCHEDULE FOR THE CITY'S COMPLIANCE TO THE SURFACE WATER TREATMENT RULE. Public Works Director Wheeler explained resolutions 96-25 and 96-26. Councilmember Davidson made a motion that the Council adopt Resolution No. 96-25 which was seconded by Councilmember Harpole and passed unanimously by voice vote after discussion. 13 RESOLUTION NO. 96-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE DEPARTMENT OF HEALTH TO SET A COMPLETION DATE OF THE CITY'S WATER MASTER PLAN. Councilmember Davidson made a motion that the Council adopt Resolution No. 96-26 which was seconded by Councilmember Harpole and passed unanimously by voice vote. NEW BUSINESS RESOLUTION NO. 96-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING THE APPLICATION OF KEVIN WlDELL FOR A WASHINGTON STATE REVOLVING LOAN FUND. Councilmember Keith asked concerning the location of Johnson Equipment Rentals, Inc. City Attorney McMahan stated he would amend the wording to say "located within Jefferson County." Mr. Keith also raised questions concerning the amount of new employees and the financial breakdown. Mr. Erik Andersson, Jefferson County Economic Council, addressed the questions. Councilmember Perry-Thompson made a motion that the Council adopt Resolution No. 96-24 as amended which was seconded by Councilmember Shoulberg and passed unanimously by voice vote. RESOLUTION NO 96-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING AN AMENDMENT TO THE PINK HOUSE LEASE AGREEMENT. City Attorney McMahan explained the resolution. Councilmember Davidson made a motion that the Council adopt Resolution No. 96-27 which was seconded by Councilmember Perry Thompson and passed unanimously by voice vote. RESOLUTION NO. 96-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND TO SET FEES FOR A DANCE TO BENEFIT THE SUMMER ENRICHMENT CAMP PROGRAM. Public Works Director Wheeler explained the resolution. 14 Councilmember Harpole made a motion that the Council adopt Resolution No. 96-28 which was seconded by Councilmember Keith and passed unanimously by voice vote. After discussion, Ci_ty Attomey McMahan stated the following ordinances will be brought back for Council approval at the February 20 Council Meeting: ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW TITLE 20 OF THE PORT TOWNSEND MUNICIPAL CODE, ENTITLED ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS, AND ADOPTING A NEW ENFORCEMENT AND PENALTIES CHAPTER 20.10 OF THE PORT TOWNSEND MUNICIPAL CODE, ENTITLED LAND USE ADMINISTRATION AND ENFORCEMENT, TO APPLY TO VIOLATIONS OF LAND USE ORDINANCES. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PTMC CHAPTER 1.14, UNIFORM APPEAL PROCEDURE OF ADMINISTRATIVE DECISIONS OF PLANNING AND BUILDING DIRECTOR, TO ADD ADMINISTRATIVE DECISIONS OF THE PUBLIC WORKS DIRECTOR TO THE APPEAL PROCESS. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS 3.36.010, FEES - GENERAL, AND 3.36.018, APPEAL FEES, OF CHAPTER 3.36, PERMIT, APPLICATION AND APPEAL FEES OF THE PORT TOWNSEND MUNICIPAL CODE. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND: (1) AMENDING SECTION 12.04.250, PUBLIC IMPROVEMENTS AND TRESPASS PROVISIONS - ENFORCEMENT, OF CHAPTER 12.04, STREET CONSTRUCTION AND REPAIR, AND SECTION 12.08.060, LEAVING STREETS IN IMPROPER CONDITION, OF CHAPTER 12.08, STREET CONDITIONS; (2) ADDING A NEW SECTION 12.10.030, VIOLATIONS AND PENALTIES, OF CHAPTER 12.10, STREET RIGHT-OF-WAY; AND (3) REPEALING AND REPLACING SECTION 12.24.060, VIOLATION - PENALTY, OF CHAPTER 12.24, STREET AND PARK TREES, OF THE PORT TOWNSEND MUNICIPAL CODE TO ESTABLISH NEW LAND USE ADMINISTRATION AND ENFORCEMENT. 15 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 15.08.190, OF CHAPTER 15.08, FIRE SAFETY REQUIREMENTS FOR CERTAIN TRANSIENT ACCOMMODATIONS, OF THE PORT TOWNSEND MUNICIPAL CODE TO ESTABLISH NEW LAND USE ADMINISTRATION AND ENFORCEMENT. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLACING: (1) SECTION 16.08.080, PENALTIES FOR NONCOMPLIANCE OF CHAPTER 16.08, FLOOD DAMAGE PREVENTION; (2) SECTION 16.12.130, PENALTIES FOR VIOLATION, OF CHAPTER 16.12, DRAINAGE PLANS;AND ADDING A NEW SECTION, 16.04.150 TO CHAPTER 16.04, BUILDING CODE, OF THE PORT TOWNSEND MUNICIPAL CODE TO ESTABLISH A NEW LAND USE ADMINISTRATION AND ENFORCEMENT. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLACING CHAPTER 17.68, ENFORCEMENT AND PENALTIES, OF TITLE 17, ZONING, AND REPEALING SECTION 17.50.200, VIOLATION-PENALTY, OF CHAPTER 17.50, SIGNS, OF THE PORT TOWNSEND MUNICIPAL CODE TO ESTABLISH NEW LAND USE ADMINISTRATION AND ENFORCEMENT. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND: (1) REPEALING AND REPLACING SECTION 19.04.300, VIOLATIONS AND PENALTIES, OF CHAPTER 19.04, STATE ENVIRONMENTAL POLICY ACT; AND (2) SECTION 19.05.120, VIOLATIONS AND PENALTIES, OF CHAPTER 19.05, ENVIRONMENTALLY SENSITIVE AREAS, AND AMENDING SECTION 19.05.150, SUSPENSION-REVOCATION, OF THE PORT TOWNSEND MUNICIPAL CODE TO ESTABLISH NEW LAND USE ADMINISTRATION AND ENFORCEMENT. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Perry Thompson read a letter from Mr. Martin Rowe, Community Action Council. The matter of waiving permit fees for an emergency housing project was referred to the Finance Committee. Councilmember Jenks mentioned a letter regarding groundwater on Marrowstone Island. The matter 16 will be discussed with the Utilities Committee. EXECUTIVE SESSION Mayor McCulloch recessed the meeting into Executive Session to discuss possible real estate negotiations and possible litigation including City Attorney McMahan, Building and Community Development Director Dave Robison and Public Works Director Bob Wheeler. The meeting was reconvened at 12:26 a.m. Councilmember Davidson made a motion that the City discontinue negotiations for the purchase of the Thomas Oil property based on the fact that the Port has decided to discontinue their efforts and discontinue our partnership. Councilmember Harpole seconded and after brief discussion the motion passed unanimously by voice vote. ADJOURNMENT There being no further business, at 12:28 a.m., Mayor McCulloch adjourned the meeting. Attest: Michael Hildt Acting City Clerk 17