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HomeMy WebLinkAbout04211997 . . . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF APRIL 21, 1997 The City Council of the City of Port Townsend met in regular session this 21 st 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, Kathryn Jenks, Jean Camfield and Mark Welch. Councilmember Keith arrived at 6:58 p.m. Also present were City Clerk Pam Kolacy, City Administrator Michael Hildt, Police Chief Jim Newton, BCD Director Bruce Freeland, Assistant City Attorney Mary Winters, Director of Public Works Bob Wheeler, City Engineer Dave Peterson, Fire Chief Howard Scott, Library Director Linnea Patrick, City Treasurer Derek Stacey Thompson and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS There were none. PRIORITY PRESENTATION None scheduled. AGENDA CHANGES OR ADDITIONS There were none. CONSENT AGENDA Add Item H, Resolution 97-51 Councilmember Davidson made a motion to approve the following items on the Consent Agenda as amended which was seconded by Councilmember Perry-Thompson. Shoulberg stated he would excuse himself from the vote because of his involvement in two ofthe street vacation hearings. The motion passed by voice vote, 5 in favor, Shoulberg abstaining. Approval of the follow;n l Bills and Claims: 010 094 110 120 130 180 411 Current Expense Garbage Street Library Park Capital Improvement Water-Sewer $ 28,404.82 49,313.11 10,008.32 4,899.68 4,538.01 314,863.33 119,837.44 City Council Minutes Page 1 April 21, 1997 . . . 412 500 610 29,768.89 13,577.90 1.234.36 Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 576,445.86 Approval of ~esolutions: RESOLUTION NO. 97-46 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LICENSE AGREEMENT BETWEEN THE CITY AND MAIN STREET FOR THE OPERATION OF FARMER'S MARKET, ALLOWING THE MARKET TO OPERATE UNTIL 3:00 P.M. ON SATURDAYS RATHER THAN ONLY UNTIL 1 :00 P.M. RESOLUTION NO. 97-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING A 10- YEAR LEASE AGREEMENT BETWEEN THE CITY AND JEFFERSON COUNTY. RESOLUTION NO. 97-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR A STREET V ACA nON (SHOULBERG) RESOLUTION NO. 97-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR A STREET V ACA TION (BRINK) RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW CHAPTER 35.91 AND PTMC CHAPTER 13.28 RESOLUTION NO. 97-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR A STREET V ACA TION (NIEMINEN-SCHORDINEOR) Communications: A memorandum dated April 9, 1997, from Mayor McCulloch announcing Union Wharf Dedication, City Council Minutes Page 2 April 2], 1997 . . . May 9, 1997. (For information.) A letter dated April 10, 1997, from Judge William E. Howard, Judge of the Superior Court, to City Attorney McMahan enclosing a copy of the Court's Order affirming decision of appeal, Wallin v. City of Port Townsend. (For information.) A letter dated April 14, 1997, from Leslie Aickin, PO Box 1180 Port Townsend, W A to the Port Commissioners and Port Manager and copied to the Mayor and Council, urging the Port to adopt the community's Point Hudson Plan, and denouncing the original lease to the Rowley Corporation. (For information. ) A letter dated April 15, 1997, from Mr. Dana Roberts, 438 22nd Street, Port Townsend, presented at the Council's Public Hearing commenting on Titles 12 and 13 and the Engineering Design Standards Draft. (For information.) This concludes the Consent Agenda. PUBLIC COMMENTS There were none STANDING/ADHOC COMMITTEE REPORTS Solid Waste Advisory Committee. Councilmember Perry-Thompson Reported: The County has negotiated with its current hauler to reduce the hauler's tipping fee to $92.50 per ton, resulting in a decrease in revenue. The SW AC committee was asked to choose from options of possible solutions: þ> Raise tipping fee for other customers (the City) -- SW AC resoundingly opposed. þ> Hildt, Wheeler, John Merchant and Perry-Thompson are negotiating with the County and meeting to discuss negotiations with Superior Refuse Removal (resolution adopting goals for negotiation on tonight's agenda). Setting meeting -- after 1st or 2nd meeting with Superior Refuse Removal. TraQ.sportation. Councilmember Camfield April 20, 1997 Discussion items: þ> Engineering design standards for local access streets, to be discussed further tonight. Set meeting -- May 1, 4:30 p.m. Agenda: Will be forthcoming Parks, Recreation and Property. Councilmember Welch April 21, 1997 City Council Minutes Page 3 April 2], 1997 . . . Discussion items: .. Interim regulations for Union Wharf .. Waiting to hear back from lAC regarding use of floating dock for commercial purposes. .. Revised Chapter 5.46 on use ofthe large dock for larger commercial vessels. Will Set Workshop -- within the next couple of weeks Agenda: Possibilities for commercial use for the floating dock, as well as vendors on the dock Finance Committee. Councilmember Davidson April 10, 1997 Discussion items: .. PoI ice Department emergency supplemental budget request to purchase a records management system, to be paid for in part from the 1996 contribution of $1 0,000 from the County, in addition to a grant of $18,000 to be repaid to the City when payment of system is complete. Finance Committee recommended the full City Council approve the requests. .. Request from the Finance Department for replacement of bursting machine for utility bills -- approximately $7,300. Finance Committee recommended the full City Council approve the request. Fort Worden Advisory Committee. Councilmember Davidson April 17, 1997 Discussion items: .. State Parks parking fees. Jim Farmer indicated the State Parks Commission met March 7th and still recommends the fees; however the State Legislature is not interested for this session. The issue is dead for now, but will come back in the future. Public S.afety Committee. Councilmember Jenks Reported: Citizen complaint regarding use of herbicide at the Puget Power substation on Kearney and Lawrence. The Mayor to contact Puget Power regarding soil tests. Set meetin l-- April 24, 1997,3:00 p.m., Council Chambers Agenda: Soil tests Land Use. Councilmember Keith Set meeting -- April 28, 1997, 12:00 noon Agenda: Sign code; enforcement of sign code; minor zoning code revisions MA VOR'S REPORT Mayor Julie McCulloch said they are very saddened by the loss of Linda Clifton, a member of the Planning Commission, and expressed gratitude for the contribution of a great many years of service to the community on various committees and commissions. The Mayor reported: City Council Minutes Page 4 April 21, 1997 . . . ,. The Public Facilities Advisory Committee held their second meeting on April 16th and discussed the Police facilities, both future and existing, and announced the next meeting April 30, 1997, 4:00 to 6:00 p.m., Carnegie Room of the Library. Topic: City Hall Offices. ,. Union Wharf dedication -- May 9, 1997,5:30 to 6:30 p.m.; Jennifer Belcher, DNR, to attend. ,. Ichiwaka Town, Japan -- Visitation schedules and reservation checklists are available for Councilmember hosts and hostesses. ,. Letters were copied for Council from citizens concerned regarding the recent publicity in the media about the Port's future options for Point Hudson. ,. Interested parties are being sought to fill the two Planning Commission positions available. It was noted the amount of time required should decrease with the passage of the Comprehensive Plan and implementing ordinances. STAFF REPORTS B\lildine and Community Development: Director Bruce Freeland ,. Complete revision of the zoning and subdivision ordinances is finished, but they expect to find things that need to be revisited as the City lives with the new regulations. Freeland disclosed an oversight in the Land Use Tables for restaurants and food services in both M-IIA and M-IIB (marine industrial districts that apply to the Port Districts) and requested Council ask the Planning Commission soon to resolve. Uses should be determined as to whether they are allowed as permitted or conditional. He said they would hold most zoning changes for a batch presentation. ,. In 1991 the City adopted new sign provisions; at that time there were approximately 150 signs that did not conform to the new standards. The City set an amortization period for compliance that ends on July 31, 1997. It is not known how many of those signs remain, but the estimate is 40 or more due for enforcement if not gone by the end of July. He discussed the enforcement process, and asked if Council had any concerns about this; he suggested the Land Use Committee consider it. Shoulberg asked how much time they have from the date of notice. Freeland said this is a reminder, they were all notified in 1992, that they will start with a letter reminding of the notice received earlier. After July 31st the City would start formal enforcement and typically set another 30 to 60 days beyond that to take abatement action. Winters noted that the first thing step is sending a volootary compliance letter, then a formal notice and order which allows 60 days for compliance before civil penalties may begin. Jenks commented on enforcement priorities in general and requested that the Land Use Committee revisit this subject. Freeland will schedule a meeting with the Land Use Committee when the chair returns, to discuss signs, the broader issue of enforcement, and also Land Use Tables involving restaurants. Jenks requested the meeting be held before May 11. City Attornçy's Office: Assistant City Attorney Mary Winters for Tim McMahan ,. Reported the City prevailed in the Wallin appeal. She noted that this was the first test in court City Council Minutes Page 5 April 2], 1997 . . . of the city's new enforcement regulations, and that Judge Howard followed it down the line. It is unknown if there will be an appeal. She said if the City prevails in an appeal, the City is entitled to attorney fees. Public Works: Director Bob Wheeler Þ> Jefferson County Water Resources Council (JEFWREC) will receive approximately $23,500 from Save the Salmon. There will be a meeting tomorrow to discuss the use of the funds; the primary goal was to hire a lead person as coordinator of that group. Þ> Union Wharf opened prior to grand opening; it is not 100 percent complete. Skylights are back ordered and will probably be installed sometime this summer. There is an opportunity to get bulbouts at the Union Wharf side of Water Street, both sides, next to Phoenix Rising and Quimper Sound, perhaps prior to opening May 9th. Staff has to decide if they do the bulbouts; it will have to be a 4-way stop, at least for the summer, if they are not able to get traffic lights in. Studies have shown it may warrant the 4-way stop. Camfield said the Transportation Committee had discussed this and were willing to go ahead with a trial period. She reminded that when the lights were put in,all of the ferry traffic was at that end of town. She said one stipulation was that electrical be stubbed in, so if that didn't work they would have a recourse. She asked about removal of the construction trailer, and noted how beautiful the Adams Street Park is now. Taylor Street has been restriped; the left side from Haller Fountain on a trial basis. (Councilmember Keith arrived for the Council meeting at 6: 58 p. m.) City Administr3tor's Ofúce: City Administrator Michael Hildt Þ> Personnel Policy Manual is nearly complete. The Mayor's recommendation and the draft manual will be presented to Council soon for review. Þ> A brief outline for space alternatives will be ready for the special meeting on Wednesday night. Þ> Larry Scott Memorial Trail negotiations are moving forward with the County and the Port. . Police Department: Police Chief Jim Newton Þ> Civil Service Commission is testing for both lateral and entry level Police officer positions. Þ> Attended a methamphetamine conference in Tacoma. He said the information at this conference concerns and frightens him more now than before -- it is not in the same form as in the 60's. He gave an overview and voiced a large need for education. Þ> Reported a criminal investigation of an allegation by a property owner, that the Port has committed trespass or theft in its improvement or its actions on the property owner's property prior to the end of the condemnation hearing being completed. They are working closely with the Jefferson County Prosecutor and City Prosecutor's office. Library: Director Linnea Patrick Þ> The Library Development Plan will be in Council packets for the next Council meeting. It is printed and being bound. The Plan was ahead of schedule, was done with existing staff and an City Council Minutes Page 6 April 21, 1997 . . . added cost of about $2,000, which has been covered by the Friends of the Library for printing the letter sent out to citizens, and for printing the final report. þ. Reported the disabled pigeons who live in front of the library have two babies who hatched last Monday. City Treasurer's Office: City Treasurer Stacey Thompson þ. Purchased a burster with the Finance Committee approval; will be in the next billing cycle. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. Guy Hupy, recently appointed to the Historical Preservation Committee, introduced himself to Council. Mayor McCulloch said she is happy to have him on the committee, and apologized for the mix-up in his introduction to Council. 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 being none, Mayor McCulloch closed the Public Comment portion ofthe meeting. PUBLIC HEARINGS None scheduled. UNFINISHED BUSINESS ORDINANCE NO. 2576 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. Assistant City Attorney Mary Winter explained the ordinance. Ms. Perry-Thompson questioned in 5.28.010.F, the word "permit." Assistant City Attorney Winter suggested modifying the wording in 5.28.01O.F to read, ". . . including, but not limited to a business license pursuant to Chapter 5.08 PTMC or any other required permit, and pay any other tax. . ." City Council Minutes Page 7 April 21, 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 Keith 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. 2576 as amended with the suggested wording provided by Assistant City Attorney Winter which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by roll call vote. NEW BUSINESS ORDINANCE NO. 2577 AN ORDINANCE APPROPRIATING THE SUM OF $18,000 TO THE CURRENT EXPENSE FUND, AND $5,000 TO THE DRUG ENFORCEMENT AND EDUCATION FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. Mayor McCulloch 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 Perry-Thompson and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No. 2577 which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2578 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATING TO THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, TITLE 12, REPEALING AND RECODIFYING CHAPTERS 12.04 AND 12.10 INTO A NEW CHAPTER 12.04 ENTITLED, TRANSPORTATION AND RIGHTS-OF-WAY IMPROVEMENT STANDARDS; ADOPTING AND IMPLEMENTING DEVELOPMENT STANDARDS FOR RIGHT-OF-WAY AND TRANSPORTATION SYSTEM IMPROVEMENTS, ADOPTING AN ENGINEERING DESIGN STANDARDS MANUAL, AND ESTABLISHING AN EFFECTIVE DATE; AND AMENDING OTHER CHAPTERS Mayor McCulloch read the ordinance by title. Mr. Wheeler introduced Ordinances 2578, 2579, 2580, 2586. He said a lot of very serious, hard work had gone into this, and he noted that to be able to have the Engineering Design Standards, Title 12 and Title 13 ordinances and codes were needed. Wheeler pointed out that Assistant City City Council Minutes Page 8 April 21, 1997 . . . Attorney Winters had a couple of technical corrections, and Dave Peterson would present and discuss road design for local access streets. Amendments: Þ> Winters added 12.04.21O.D "Public Nuisance. All violations of this title and standards required thereby are determined to be detrimental to the public health, safety and welfare and are public nuisances. All conditions which are determined by the director to be in violation of this title or standards required thereby shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in Chapter 20.10 PTMc." Þ> Camfield: change 12.20.010 back to ". . . streets. . ." Þ> Perry-Thompson amend Findings and Recitals #2 to add the word "it" to read, ". . . and that it . " IS necessary. . . Þ> Kolacy changed wording of Ordinance 2578 ro read, "AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATING TO. . . " 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 Camfield 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. 2578 as amended which was seconded by Councilmember Camfield and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2579 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATING TO PUBLIC HEALTH, SAFETY AND GENERAL WELFARE AND SETTING FORTH DEVELOPMENT STANDARDS FOR WATER, SEWER AND STORMWATER IMPROVEMENTS; REORGANIZING TITLE 13, CHAPTERS 13.01 THRU 13.32, INTO NEW SECTIONS TITLED "GENERAL," "WATER," "SEWER," AND "STORMWATER," AND AMENDING NUMEROUS PROVISIONS; RECODIFYING CHAPTER 16.12 WITHIN TITLE 13; ADOPTING AN ENGINEERING DESIGN STANDARDS MANUAL, AND ESTABLISHING AN EFFECTIVE DATE; AND AMENDING OTHER CHAPTERS Mayor McCulloch read the ordinance by title. Amendments: Þ> Winters added 13.11.070.D and 13.21.070E: "Public Nuisance. All violations of this title and standards required thereby are determined to be detrimental to the public health, safety and welfare and are public nuisances. All conditions City Council Minutes Page 9 April 21, 1997 . . . which are determined by the director to be in violation of this title or standards required thereby shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in Chapter 20.10 PTMC." .. Winters changed 13.14.060.B to read, ". . .the city will pay for the difference in cost for oversizing the pipe and appurtenances." .. Kolacy changed wording of Ordinance 2579 ro read, "AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATING TO . . . " 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 Perry-Thompson and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Jenks made a motion that the Council adopt Ordinance No. 2579 as amended which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2580 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLACING SECTION 020, PUBLIC WORKS SERVICE FEE SCHEDULE OF CHAPTER 3.36, PERMIT, APPLICATION AND APPEAL FEES OF THE PORT TOWNSEND MUNICIPAL CODE, ESTABLISHING NEW FEES FOR PUBLIC WORKS (1) INSPECTIONS; (2) ENGINEERING; (3) TECHNICAL CONFERENCE REVIEW; (4) A MINOR ACTIVITIES PERMIT; AND (5) REVISING UTILITY AND INST ALLA TlON CHARGES; AND REPEALING SECTION 3.36.015 IN ITS ENTIRETY, AND AMENDING 3.36.018 TO REMOVE BCD FEES FROM CHAPTER 3.36 Mayor McCulloch read the ordinance by title. 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 Welch and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Perry-Thompson made a motion that the Council adopt Ordinance No. 2580 which was seconded by Councilmember Camfield and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2581 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING SECTION 16.04.130, STREET IMPROVEMENTS, OF CHAPTER 16.04, BUILDINGS AND CONSTRUCTION, OF THE PORT TOWNSEND MUNICIPAL CODE, AS IT IS SUPERSEDED BY NEW ORDINANCES TITLE 12 AND TITLE 18. Mayor McCulloch read the ordinance by title. Mary Winters noted this is a housekeeping ordinance. City Council Minutes Page 10 April 21, 1997 . . . 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. Ms. Kolacy again read the ordinance by title. Councilmember Jenks made a motion that the Council adopt Ordinance No. 2581 which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2582 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 19.04.260, SUBSTANTIVE AUTHORITY, CHAPTER 19.04, STATE ENVIRONMENTAL POLICY ACT OF THE PORT TOWNSEND MUNICIPAL CODE, AND ADDING NEW ORDINANCES TO THE CITY ORDINANCES INCORPORATED BY REFERENCE AND ADOPTED AS SEP A POLICIES Mayor McCulloch read the ordinance by title. Mary Winters made the introduction and said they would want to use these new codes as SEP A authority. She said Title 18 was also included. Amendments: Whereas 1 ". . . Ordinance Nos. 2578 - 2579," Whereas 13 last line to read". . .conditioned to lessen its demand, and/or required to improve such facilities, or denied; and" 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 Perry-Thompson and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Keith made a motion that the Council adopt Ordinance No. 2582 as amended which was seconded by Councilmember Perry-Thompson and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2583 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS 20.09.010, .020, .050, AND .060 OF CHAPTER 20.09, LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES, OF THE PORT TOWNSEND MUNICIPAL CODE, TO ADD AND REVISE LAND USE AND DEVELOPMENT APPLICA nON AND APPEAL FEES IN ACCORDANCE WITH TITLES 17 AND 18 PTMC Mayor McCulloch read the ordinance by title. City Council Minutes Page 11 April 21, 1997 . . . BCD Director Freeland made the introduction. A brief discussion regarding fees followed. 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 Camfield and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No. 2583 which was seconded by Councilmember Welch and passed unanimously, 7 in favor, by roll call vote. Consensus -. Items Hand J on the agenda be reversed to correct the sequence. ORDINANCE NO. 2584 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING THE OFFICE OF A HEARING EXAMINER, AND ADOPTING A NEW CHAPTER 2.14, HEARING EXAMINER, OF THE PORT TOWNSEND MUNICIPAL CODE Mayor McCulloch read the ordinance by title. Ms. Winters made the introduction, stating this is to provide a Hearing Examiner for appeal of administrative decisions, Type II land use appealable decisions of the Public Works Director under Titles 12 and 13 and code enforcement matters. Winters explained the other role of the Hearing Examiner is to conduct public hearings and make recommendations to the Council on Local Improvement Districts. The Council would make the decision, but the Hearing Examiner would make the record. She said they did not include interpretations of the BCD or Public Works Directors to be appealable to the Hearing Examiner, but to go to Council. Freeland defined Type II land use decisions as requested by Jenks. Discussion included: .. Qualifications of a Hearing Examiner~ working through the Land Use Committee or Council .. Impact on the workload of Council .. Impact on the community by laws being passed .. Impact of having council remain the quasi-judicial body .. Recommendation of the Insurance Authority Davidson said that looking way back to EHSB 17.24 (Regulatory Reform), State legislation was quite heavily oriented to jurisdictions having hearing examiners. He said one of the reasons they did not use hearing examiners for all non-administrative land use decisions was because of the financial impact to the City. He said this is a step at using a hearing examiner at a lower, less City Council Minutes April 21, 1997 Page 12 . . . expensive level, giving an opportunity to see how a hearing examiner would work for the City, and also Councilmembers can use their time more effectively. It was noted: I> All Type III heavy land use decisions that are appealable, still come to Council and that the City is moving toward the professionalization of the decision making process. I> The Hearing Examiner can be used in several different ways; 17.24 uses the Hearing Examiner in the place of the Planning Commission rather than the City Council; gathering the infonnation and preparing the record for the decision by the Council. I> Keith said for the record that he does not view this as a step toward using a Hearing Examiner in a broader role. If that should come up, it should be an entirely separate decision. Amendment: 2.14.050A "Appeals of all administrative decisions as defined in Chapter 1.14.020 PTMC;" 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 Keith 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. 2584 as amended which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by roll call vote after a brief discussion. ORDINANCE NO. 2585 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 1.14, UNIFORM APPEAL PROCEDURE OF ADMINISTRATIVE DECISIONS OF BUILDING AND COMMUNITY DEVELOPMENT AND PUBLIC WORKS DIRECTORS, OF THE PORT TOWNSEND MUNICIPAL CODE, TO CREATE A PROCEDURE TO APPEAL CERTAIN DECISIONS OF THE PUBLIC WORKS AND BCD DIRECTORS; MAKING CERTAIN LAND USE DECISIONS APPEALABLE TO THE CITY HEARING EXAMINER; AND PROVIDING CLEAR PROCEDURES FOR HEARING EXAMINER APPEALS TO ENSURE THE DUE PROCESS RIGHTS OF APPELLANTS Mayor McCulloch read the ordinance by title. Winters made the introduction. Councilmember Jenks 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. Ms. Kolacy again read the ordinance by title. Councilmember Davidson made a motion that the Council adopt Ordinance No. 2585 which was seconded by Councilmember Keith and passed unanimously, 7 in favor, by roll call vote. City Council Minutes Page 13 April 21, 1997 . . . Consensus: Appointment of a Hearing Examiner referred to the Land Use Committee for discussion, April 28th. ORDINANCE NO. 2586 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING THE ENGINEERING DESIGN STANDARDS MANUAL Mayor McCulloch read the ordinance by title. Dave Peterson, Public Works, distributed materials with additional changes and discussed the Street Standard Options for Local Access Streets: ~ T -9A Minimum Standard -- (Typical grid pattern) 18' paved surface with rolled curb on the side (1' extra street width on each side) ~ T-9B Mip.imum Stanqard -- (Typical grid pattern) 16' paved surface with rolled curb on the side ~ T -9C Minimum Standard -- (Typical grid pattern) 16' paved surface with a pathway on one side ~ T -8 High Intensity/Density Wider street with curb and gutters; accommodates on-street parking Discussion ensued regarding options and costs. Peterson announced the Non-Motorized Transportation Committee meeting April 30, 1997, Council Chambers. MOTION That Council adopt T -98 as the Local Access Street Minimum Standard as referenced in the Engineering Design Standards Manual. Keith SECOND Discussion: Shoulber l Davidson suggested they adopt T-9B as a minimum and then incorporate the Non- Motorized Committee forthcoming recommendation for pathways. 6 in favor, Perry-Thompson dissenting VOTE: MOTION That Council adopt T -8 Local Access Street High Intensity/ Density as referenced in the Engineering Design Standards Manual, Chapter 6 Davidson SECOND VOTE Shoulberg Unanimous, 7 in favor Consensus: Amend Engineering Design Standards Manual, Page 6-11 (half way down the page, just above #13) to read, " . . . street widths by providing pocket parking. . ." Amend Table 6.1, Page 6-28 last line to "16' feet" and renumber notes. Amend Ordinance 2586 to read: City Council Minutes April 21, 1997 Page 14 . . . " WHEREAS, the City Council hereby incorporates by reference all Findings and Recitals in Ordinance No. 2578 adopting Title 12, and Ordinance No.2579 adopting Title 13." Councilmember Jenks made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmernber Davidson and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No. 2586 as amended which was seconded by Councilmember Perry-Thompson and passed unanimously, 7 in favor, by roll call vote. ORDINANCE NO. 2587 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 2524, TO ESTABLISH THE POSITION OF PUBLIC WORKS OFFICE LEAD AND ESTABLISH A SALARY FOR SUCH A POSITION EFFECTIVE APRIL 01,1997. Mayor McCulloch read the ordinance by title. Amended by Wheeler: The maximum monthly salary to $2,700. 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 Perry-Thompson 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. 2587 as amended which was seconded by Councilmember Camfield and passed unanimously, 7 in favor, by roll call vote. RESOLUTION NO. 97-52 A RESOLUTION ADOPTING GOALS FOR NEGOTIATION OF A SOLID WASTE COLLECTION AND RECYCLING CONTRACT. Michael Hildt explained the resolution. Perry-Thompson explained this also includes approval to negotiate. City Council Minutes Page 15 April 21, 1997 . . . Councilmember Shoulberg made a motion that the Council adopt the committee report as written and adopt Resolution No. 97-52 which was seconded by Councilmember Jenks and passed unanimously, 7 in favor, by voice vote after a brief discussion. PUBLIC COMMENT There was none. COUNCILMEMBERS GENERAL DISCUSSION Perry- Thompson thanked Staff for their contribution to Titles 17 and 18. The Mayor announced: ~ A celebration of accomplishment April 22nd, 5 :00 p.m. at the Public House ~ Council workshop, Wednesday, April 23, 1996, 7:00 p.m. AD J 0 URNMENT There being no further business, at 11: 19 p.m., Mayor McCulloch adjourned the meeting. Attest: C?~ c/:1k Pamela Kolacy ~ City Clerk City Council Minutes Page 16 April 21, 1997