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HomeMy WebLinkAbout04071997 . . . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF APRIL 07, 1997 The City Council of the City of Port Townsend met in regular session this seventh day of April, 1997, at 6:00 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Diane Perry-Thompson, Ted Shoulberg, Ian Keith, Kathryn Jenks, Jean Camfield and Mark Welch. Also present were City Administrator Michael Hildt; Police Chief Jim Newton; BCD Director Bruce Freeland; City Attorney Timothy McMahan; Charles Simpson, Public Works; Fire Chief Howard Scott; Library Director Linnea Patrick; City Treasurer Derek Stacey Thompson; and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS The Mayor presented the following: A. National Tourism Week Proclamation, beginning May 4, 1997. B. Arbor Day Proclamation, April 9, 1997. The Mayor also announced this weekend is Festival of Trees at the Jefferson County fairgrounds. PRIORITY PRESENT A nON (None Scheduled) AGENDA CHANGES OR ADDITIONS Shoulberg asked that Item E be returned to committee. Deadline for fund requests made it prohibitive for committee consideration and Keith requested discussion of Item E under New Business as Item F. CONSENT AGENDA Councilmember Jenks made a motion to approve the following items on the Consent Agenda as amended which was seconded by Councilmember Keith and passed unanimously by voice vote. Approval of the followinf Bills and Claims: March 28. 1997 010 Current Expense 110 Street 120 Library 130 Park $ 12,255.70 486.72 221.95 1,253.83 City Council Minutes Page 1 April 7, 1997 . . . 180 411 500 610 Capital Improvement Water-Sewer Equipment Rental Firemen's Pension and Relief 6,905.05 48,003.11 424.82 89,95 Total $ 69,641.13 $ 20,575.37 38,080.02 5,852.15 28,887.24 6,998.05 2,888.19 2,407.36 300.00 21,783.07 3,368.72 29,666.83 65.00 Total $ 160,872.00 April 7, 1997 010 Current Expense 094 Garbage 110 Street 120 Library 130 Park 150 Hotel/Motel Transient Tax 180 Capital Improvement 360 Local Improvement District #1 411 Water-Sewer 412 Storm and Surface Water 500 Equipment Rental 610 Firemen's Pension and Relief Approval of the Minutes C)f: Regular Session of March 3, 1997, without reading Approva¡l of Resolutions: RESOLUTION NO. 97-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND TO CONTINUE TO ALLOW THE USE OF THE CITY'S PROPERTY AT WASHINGTON AND MONROE STREETS AS A SKATEBOARD RECREATION AREA UNTIL APRIL 15, 1998. RESOLUTION NO. 97-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MA YOR TO SIGN AND SUBMIT AN APPLICATION FOR A LOW-INTEREST LOAN THROUGH THE PUBLIC WORKS TRUST FUND FOR WATER SYSTEM PROJECTS NECESSARY TO MEET THE CT AND SAFE DRINKING WATER ACT REQUIREMENTS IN THE CITY AND TRI-AREA. RESOLUTION NO. 97-41 City Council Minutes Page 2 April 7, 1997 . . . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN TWO WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TRANSAID FUNDING AGREEMENTS TO ACCEPT A TOTAL OF $51, 225.00 IN GRANT FUNDING TO CONSTRUCT STUDENT PEDESTRIAN SAFETY PROJECTS. ApprC)val of Appointments: Guy Hupy to the Historic Preservation Committee, term expires 12/31/99 RESOLUTION NO. 97-42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING TRILLIUM LAW SOFTWARE INC. PROPOSAL FOR THE CITY'S PURCHASE OF A LAW ENFORCEMENT RECORDS MANAGEMENT AND INFORMATION SOFTWARE SYSTEM AND APPROVING THE TRILLIUM LICENSING AGREEMENT. Communications: A letter dated February 21,1997, from Cheryl Bergener, WA State Dept. of Health announcing issuance of Certificates of Competency to Eric R. Storey as a Water Treatment Plant Operator 2 and to Eric P. Selberg as a Water Treatment Plant Operator - In Training. (For Infonnation.) An undated letter from John Sheehan regarding the Conditional Use Permit Regulations- Temporary Uses for his business Dogs-A-Foot. (For Information.) A letter dated March 14, 1997, from U. S. Senator Slade Gorton requesting input for upcoming lntennodal Surface Transportation Efficiency Act (ISTEA) policies. (For Infonnation.) A letter of reply dated March 18, 1997, from State Representative Lynn Kessler regarding gas tax increase, indexing. (For Information.) A fax transmittal dated March 18, 1997, from Mayor Ozaki ofIchikawa, Hygo, Japan in response to the Port Townsend's invitation to a Sister City delegation. (For Information.) Building Permit & Land Use Status Reports for February dated March 17, 1997, from T. Martin, BCD. (For Information.) A letter of reply dated March 18, 1997, from State Senator Jim Hargrove regarding transportation issues. (For Information.) City Council Minutes Page 3 April 7, 1997 . . . A letter dated March 19, 1997, from Don Wright, President, Port Townsend Chamber of Commerce, to Washington State Parks & Recreation Commission and copied to Mayor McCulloch regarding the proposed day-use fees at Fort Worden. (For Information.) A letter dated March 21, 1997, from Mayor McCulloch to Governor Locke regarding the proposed day-use fees at Fort Worden. (For Information.) A letter dated March 21, 1997, from Kristi Agren, Tourism & Marketing Manager, North Olympic Peninsula Visitor & Convention Bureau, announcing and requesting participation in National Tourism Week, May 4-10, 1997. (For Information.) A letter dated March 25, 1997, from Linda Tompkins, Chair, WA State Transportation Commission, noting a continuation of service of the Washington State Ferries between Anacortes and Sidney, B.c. during a transition period of three years. (For Information.) A note dated March 27, 1997, from Ron and Rose Sikes thanking the City for taking ownership of the portion of the Larry Scott Memorial Trail that is within the City. (For Information.) Building Permit & Land Use Status Reports for March dated April 1, 1997, from T. Martin, BCD. (For Information.) A report of City of Port Townsend 1996 Revenue Results - Major Sources, dated April 2, 1997, from City Treasurer Stacey Thompson. (For Information.) A memorandum dated April 2, 1997, from Public Works Director Bob Wheeler, announcing the appointment of Charles Simpson, Maintenance Superintendent, to represent the City on the newly formed Jefferson County Transportation Advisory Board. (For Information.) This concludes the Consent Agenda. PUBLIC COMMENTS There were none. STANDING/ADHOC COMMITTEE REPORTS Community Services. Councilmember Perry-Thompson March 18, 1997, March 1997 Discussion items: .. Levels of Service of haulers .. Goals for garbage contract negotiations Set meeting -- April 8, 1997, 3 :00 p.m. Agenda: Proposed resolution for Council City Council Minutes Page 4 April 7, 1997 . . . Re2ional Solid Waste Committee. (Jefferson County to take the lead.) The Mayor requested someone to represent the City at the meeting in Port Angeles, April 10th, 1 :30 p.m., Clallam County. Shoulberg is unavailable; Simpson will check to see if John Merchant can attend. Finance Committee. Councilmember Davidson Set meeting -- April 10, 1997, 9:00 a.m. Agenda: Emergency appropriation to cover Trillium Law Software Inc. proposal. Parks, Recreation and Property. Councilmember Welch April 3, 1997 Discussion items: þo Lease of Girl Scout cabin on Tyler Street. Totem Council represented the Girl Scouts; Tim Caldwell represented the Chamber of Commerce. December through June, the cabin is used nearly every day and booked nearly every weekend -- ramifications of gifts of public funds, management for public use; some in kind transaction. MOTION SECOND Discussion: VOTE Pursue with the Totem Council, lease of the Girl Scout cabin for 5 years with a S-year option. Terms to be negotiated. Davidson Davidson asked if it can be done as a resolution. Held until after second public comment period. Welch þo Greg Mitchell, Farmers Market, requested an increase in hours by 1-1/2 hours, 8:00 a.m. to 3:00 p.m. Parks Commission felt it appropriate. Looking at another location for a Wednesday market. MOTION Welch Council approve an addendum to the lease for Farmers Market Association to increase by 1-112 hours the operation 8:00 a.m. to 3:00 p.m. SECOND Discussion: VOTE Keith Davidson, businesses in close proximity felt it made sense to extend the hours. Held until after second public comment period. ÞO Skateboard Park, Washington and Monroe Streets -- (continuation on today's Consent Agenda.) Need to put money into the park and replace some surfaces; Steve Corra estimated $15,000 - $20,000. ÞO Union Wharf use policy -- #1 non-negotiable recommendation is release from the lAC grant. Would like to have Union Wharf managed by other than the Parks Commission. Other policy recommendations will be presented for Council discussion. City Council Minutes April 7, 1997 Page 5 . . . Transportation.. Councilmember Camfield March 25 and 28 and April 3, 1997 Discussion items: .. Title 12 and Transportation Engineering Design Standards Set meeting -- April 10, 1997, 3 :30 p.m. Agenda: Continuation of discussion MAYOR'S REPORT Mayor Julie McCulloch reported: A. Public Facilities Committee. Noted the roster of25 participants and that meetings will be from 4:00 to 6:00 p.m., Carnegie Room ofthe Library. Topics will cover: .. Needs of the Library building; existing City Hall; existing Police facility; summary of interim police facility, not to duplicate work done in the Interim Public Safety Report. .. 4/16 Interim Public Safety .. 4/30 City Hall .. 5/7 Three previous meetings and study for funding options to recommend. .. Recommendation to City Council Jenks stated she will be absent the first meeting in June and requested Council discussion after that meeting. B. 1997 Economic Development Work Plan (Distributed) C. Made the following announcements: .. Union Wharf dedication -- now May 9, 1997,5:30-6:30 p.m. Main Street coordinating. .. Planning Commissioner Linda Clifton, is seriously ill and has been transferred to University Hospital in Seattle, in Intensive Care. STAFF REPORTS City Administrator's Office: City Administrator Michael Hildt .. Asked if alternative office space is to be discussed by Council at the retreat in June? How does Council want to handle statements regarding available rental space being received in the interim? Does Council want to be informed as opportunities come along? It was determined to set a policy at the April 23rd workshop meeting, and bring information on spaces available, cost to use effectively, etc. City Treasprer's Office: City Treasurer Stacey Thompson .. March financial statements will be ready April 9th. The Mayor thanked Thompson for the good reports in packet. City Council Minutes Page 6 April 7, 1997 . . . City Attorney's Office: City Attorney Tim McMahan ~ In the past, fee ordinances have gone through the Finance Committee first; asked, with the shortage ohime, if Council wants to continue that or work up recommendations and bring to the next council meeting? Application fees include multi-family development fees, Type I temporary use permit fees, Public Works fees related to Design Standards, etc. Some fees will be going down, some are new. Shoulberg stated if cost for specific applications would be in the packet, he would approve. Keith and Davidson concurred. McMahan will prepare a handful of sample applications to be presented at Council April 21 st. Public Works: Charles Simpson for Director Bob Wheeler ~ Jenks expressed concern for soil sterilant in the report distributed. Simpson said Puget Power took soil samples for chemical runoff and faxed results. Vegetation to hide substation was also questioned. Library: Director Linnea Patrick .. The Library was open the day after the storm and time was well spent. Thanked Kiwanis for cleanup of grounds. Police Departm~nt: Police Chief Jim Newton .. Asked if the Transportation Committee wants to review requests for loading zones. Camfield indicated it is good to have that review, and set the opening of the April 10th meeting as a time for that review. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. John Sheehan expressed observations made following the granting of the Conditional Use Permit for his temporary, seasonal business, Dogs-A-Foot. He said to make a profit, he needs seven months for his normal working time (March through October) which he noted as the tourist season for Port Townsend. He indicated he also needs two additional weeks to open and close his business. 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. There were no public comments and the following votes were taken: City Council Minutes Page 7 April 7, 1997 . . . Motion Vote Girl Scout Cabin Lease. Unanimous, 7 in favor Motion Vote Farmer's Market amended hours. Unanimous, 7 in favor PUBLIC HEARINGS None Scheduled UNFINISHED BUSINESS ORDINANCE NO. 2571 AN ORDINANCE ADOPTING ZONING REGULATIONS FOR THE CITY OF PORT TOWNSEND PURSUANT TO THE GROWTH MANAGEMENT ACT, CHAPTER 36.70A RCW, AND THE REGULATORY REFORM ACT, CHAPTER 36.70B RCW, TO IMPLEMENT THE PORT TOWNSEND COMPREHENSIVE PLAN; REPEALING AND REPLACING TITLE 17 PTMC WITH A NEW TITLE 17 PTMC IN ACCORDANCE WITH THIS ORDINANCE; ADOPTING AN OFFICIAL ZONING MAP WHICH IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE PLAN LAND USE MAP; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. Mayor McCulloch read the ordinance by title. McMahan noted changes from the last meeting: ~ Page 57 strikeout (in the future affixing a seal is forgotten -- a validity issue with the ordinance) ~ Page 61 addition to 17.16.020.A ~ Page 63 adult family homes previously defined, include in table under accessory dwelling units as permitted in all four zones. ~ Page 71 note to Council et al ~ Page 123 addition to 17.32.020.A COUNCIL DISCUSSION: Cbapter 17.60, TelJlPorary Uses Discussion ensued as to amending the number of days and the order in which it should be done. MOTION Keith Amend 17.60.060. To read, "A temporary use is valid for up to 240 calendar days. . ." SECOND Welch City Council Minutes Page 8 April 7, 1997 . . . Discussion: There was discussion as to differences between increasing the number of limited calendar days or the BCD Director allowing an extension of time. Amended Motion: The Director may grant one extension not to exceed 60 days upon the applicant showing compliance with all conditions of the approval. Unanimous, 7 in favor VOTE Oth~r chanfes to be incorporated into Title 17: ~ Page 6 of the Ordinance -- add a comma to Page 6, Whereas #3, line 6, following "Plan." ~ Page 65 Small animal husbandry commercial, change to C, X, X, X in zones. ~ Page 84 Community Retail Uses, Convenience stores, change to C in C-III zone. ~ Page 105 Recreational and Cultural Uses, Conference centers, change to C in P/OS(B) zone. ~ Page 141, 17.36.110A, line 1, change to "practicable" 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 Keith and passed unanimously by voice vote. Hildt again read the ordinance by title. Councilmember Perry-Thompson made a motion that the Council adopt Ordinance No. 2571 as amended, which was seconded by Councilmember Keith and after a brief discussion passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2572 AN ORDINANCE ADOPTING SUBDIVISION REGULATIONS FOR THE CITY OF PORT TOWNSEND PURSUANT TO THE GROWTH MANAGEMENT ACT, CHAPTER 36.70A RCW, AND THE REGULA TORY REFORM ACT, CHAPTER 36.70B RCW, TO IMPLEMENT THE PORT TOWNSEND COMPREHENSIVE PLAN; AND REPEALING AND REPLACING TITLE 18 PTMC WITH A NEW TITLE 18 PTMC IN ACCORDANCE WITH THIS ORDINANCE, DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. Mayor McCulloch read the ordinance by title. McMahan noted changes from the last meeting in the Final Draft of Title 18 PTMC: ~ Page 4 of ordinance, Whereas #1, line 5, add a comma following "Comprehensive Plan". ~ Page 5 of Code -- definition for Fill. Jenks discussed differences between clean fill and other fill and said she prefers clean fill. McMahan cautioned regulating with the designation of clean fill, that the public has not had any review of the wording of the description. COUNCIL DISCUSSION City Council Minutes Page 9 April 7, 1997 . . . Other çhanl:es tQ be incorporated: into Title 18 PTMC ~ Davidson, Page 31, 18.16.060 -- delete the word short to read, " . . . proposed subdivision. . ." ~ Shoulberg, Page 45, 18.18.050.A, nine or fewer lots" -- McMahan explained if you wanted your subdivision certified as conforming, you would need to meet approval criteria for the engineering design standards. Discussion followed. into Ordinance 2572 ~ Jenks, asked in Whereas #12 which is on Page 3, if the environmental constraints are in R-I zone only? Consensus -- Strike in "R-I zone" in this instance and others as needed. MOTION Strike words "in the R.I zone" from Whereas #12 which is on page 3 of the Land Division ordinance. SECOND Davidson Amended Motion: Strike words "in the R-I zone" from Whereas #12 which is on page 3 of the Land Division ordinance; change Whereas #13 to read: "in addition to other purposes, the R-I designation adopted pursuant to the 1996 Comprehensive Plan is designed. . . ." 6 in favor, Keith opposed Jenks VOTE Councilmember Perry-Thompson made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed unanimously by voice vote. Hildt again read the ordinance by title. Councilmember Perry-Thompson made a motion that the Council adopt Ordinance No. 2572 as amended which was seconded by Councilmember Keith and after discussion passed unanimously, 7 in favor, by roll call vote. City Attorney McMahan congratulated the City Council on implementing the Growth Management Act. The Mayor also expressed congratulations to the Planning Commission, the City Council and the Staff for this monumental undertaking. NEW BUSINESS ORDINANCE NO. 2573 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 2.72.020, COMPOSITION, CHAPTER 2.72, HISTORIC PRESERVATION COMMITTEE, OF THE PORT TOWNSEND MUNICIPAL CODE, TO CHANGE RESIDENCY REQUIREMENTS FROM HPC MEMBERS, ALLOWING A MAXIMUM OF TWO NON-CITY RESIDENTS TO SERVE ON THE COMMITTEE. Mayor McCulloch read the ordinance and then introduced it to Council. City Council Minutes Page 10 April 7, 1997 . . . Councilmember Perry-Thompson made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed unanimously by voice vote. Hildt again read the ordinance by title. Councilmember Keith made a motion that the Council adopt Ordinance No. 2573 which was seconded by Councilmember Perry-Thompson and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2574 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING SECTION 3.04.080, FEDERAL SHARED REVENUE FUND OF CHAPTER 3.04, FUNDS, OF THE PORT TOWNSEND MUNICIPAL CODE, BECAUSE OF PROGRAM DISCONTINUANCE. The Mayor read the ordinance by title. Councilmember Keith made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Davidson and passed unanimously by voice vote. Hildt again read the ordinance by title. Councilmember Davidson made a motion that the Council adopt Ordinance No. 2574 which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 5.28.010 TO INCLUDE REFERENCE TO CHAPTER 5.08 PTMC, AND REPEALING SECTIONS 5.28.020 AND .030 REGARDING LICENSES, OF CHAPTER 5.28, SECONDHAND DEALERS, JUNK DEALERS AND PAWNBROKERS, OF THE PORT TOWNSEND MUNICIPAL CODE. Mayor McCulloch read the ordinance by title. HELD OVER -- by consensus RESOLUTION NO. 97-45 RESOLUTION ADOPTING THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION (ICMA) RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST FOR THE PURPOSE OF PROVIDING ADDITIONAL OPPORTUNITIES FOR CITY EMPLOYEES TO PROVIDE FOR THEIR RETIREMENT SECURITY. City Council Minutes Page 11 April 7, 1997 . . . Michael Hildt explained the resolution. Councilmember Davidson made a motion that the Council adopt Resolution No.97-45 which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by voice vote. ORDINANCE NO. 2575 AN ORDINANCE OF THE CITY OF PORT TOWNSEND DECLARING AN EMERGENCY; IMPOSING INTERIM CONTROLS ON CERTAIN TYPES AND CATEGORIES OF LAND USE, BUILDING AND DEVELOPMENT PERMIT APPLICATIONS AFFECTING PROPERTY WITHIN THE CITY OF PORT TOWNSEND; ESTABLISHING EXEMPTIONS FROM INTERIM CONTROLS, ESTABLISHING AN EXPIRATION DATE (APRIL 28, 1997); AND ESTABLISHING AN EFFECTIVE DATE. Mayor McCulloch read the ordinance by title. McMahan introduced the ordinance and made the correction on page 6, Section 4, first item, eliminating "not more than five years prior to the effective date of this Ordinance;" to read" . . . after 1937;" 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 Keith and passed unanimously by voice vote. Hildt again read the ordinance by title. Councilmember Davidson made a motion that the Council adopt Ordinance No. 2575 as amended which was seconded by Councilmember Camfield and passed unanimously, 7 in favor, by roll call vote. From Consent Agenda: RESOLUTION NO. 97-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT AN APPLICATION FOR A LOW-INTEREST LOAN THROUGH THE PUBLIC WORKS TRUST FUND FOR A WATER METER REPLACEMENT PROGRAM. Shoulberg questioned the resolution saying the infonnation had not come back to committee. There was discussion as to the deadline for submitting an application. Simpson explained the issues for Public Works. City Council Minutes Page 12 April 7, 1997 . . . Councilmember Shoulberg made a motion that the Council adopt Resolution No.97-46 which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by voice vote. PUBLIC COMMENT There was none. COUNCILMEMBERS GENERAL DISCUSSION Jenks asked regarding the vacancy on the Planning Commission. Mayor McCulloch said she is working on filling the vacancy and encouraged council members to also encourage citizen interest in the position. The Mayor said they may readvertise the vacancy. Shoulberg asked if the Finance Committee could review warrants earlier in the process rather than sign off on the warrants. McMahan said he is reworking the process. The Mayor announced she will on vacation beginning April 8th and will be back April 15th. ADJOURNMENT There being no further business, at 10:00 p.m., Mayor McCulloch adjourned the meeting. Attest: f?~ 91~~ City Clerk City Council Minutes Page 13 April 7, 1997