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HomeMy WebLinkAbout05201996MINUTES OF THE REGULAR SESSION OF MAY 20, 1996 The City CounCil of the City of Port Townsend met in regular session this twentieth day of May, 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, Kathryn Jenks and Jean Camfield. 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, and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS There were none. PRIORITY PRESENTATION Report on Enforcement Progress: Building and Community Development Director Dave Robison presented a review of the Code Enforcement Program, a program new to Port Townsend. He handed out a list of Code Enforcement priorities from the February ordinance which covered 2 months of enforcement. Mr. Robison introduced Mr. C. L. Flint, the new Code Enforcement Officer, who gave a status review of the program. Mr. Flint said since this is a first-time program for the City, at this time they are handling it as a complaint driven program so as not to overwhelm people in the beginning. He indicated they have studied enforcement programs from other communities to build their program. He spoke of the voluntary compliance, and that it puts the burden on Staffto revisit complaints until completion. He said he thinks the program will be good, that it will help people to know the rules. Councilmember Jenks requested a full list of enforcements with priorities. Councilmember Keith asked the number of legal Accessory Dwelling Units (ADUs) Mr. Flint had seen, and he replied there had been six or seven. Mr. Robison said later this year they would be establishing an amnesty period of approximately 3 months for non-conforming ADUs to comply with the ADU ordinance. Councilmember Jenks said she was appalled by this enforcement method. She said she does not want people to feel victimiZed and does not want the City to get involved in neighborhood issues. She suggested the Land Use committee could deal with this problem and asked how permits and mitigations are being dealt with. Mr. Robison said the State Environmental Policy Act (SEPA) conditions have to be complied with prior to receiving a building permit, and after the building permit is issued they are checked off. He said all SEPA conditions have been cleared, that there are none currently that have not been met. He indicated that most of the list is from complaints by residents. Councilmember Jenks asked how they track SEPA conditions. Mr. Flint said he does not make any inspections until the foundation is in. Councilmember Jenks said she thinks it is wiser to do thorough inspections and asked that they revisit the enforcement priorities. She suggested discussing this at a committee level. Councilmember Shoulberg asked Ms Jenks if she condoned people breaking the law. She replied the list is minor violations and suggested reprioritizing for more consequence. Mr. Flint asked, "How do we make the ordinances work for the community?" He said they are duty bound to enforce the ordinances if there is a complaint and said the City can change ordinances that have weaknesses. City Attorney McMahan said Council can repeal ordinances. He stated Council requested Mr. Flint to do this enforcement, and Council may have to change ordinances. He noted the kinds of violations are not unlike other communities. He said they have been responsive to citizens as requested by Council, which was a high priority. Mr. Flint said approximately 70 percent of the people have complied with enforcement requests. Mayor McCulloch pointed out the two issues: 1) Enforcement priorities; and 2) ordinances. She thanked Mr. Flint for the Community safety net now being handled by the City. Councilmember Jenks also thanked Mr. Flint. Councilmember Perry-Thompson said she thinks the process is working very well. Mr. Flint said that at least they are finding ordinances that are not working, and this is causing people to come in and talk. Councilmember Camfield said she thinks this might be the way to address neighborhood complaints, but does not think it should be a witch hunt. She said maybe these things have been there for awhile and are now being resolved. Mayor McCulloch pointed out the Enforcement letter and the help it offered. AGENDA CHANGES or ADDITIONS Executive Session scheduled at the end of the meeting for 30 minutes to I hour. Change to Channeling Communications: A letter dated April 6, 1996, from Mr. Michael L. Miller redirected to Staff. A letter dated May 8, 1996, from Ms Deborah Daline redirected to Staff. Added to Setting Hearings: Supplemental Budget Ordinance Hearing for June 3, 1996. Amendment of Minutes of May 6, 1996: · Page 6, next to the last line change to: "Director of Building and Community Development (BCD)" · Page 9, Standing/AdHoc Committee Reports change to: "the motion failed with four .... " · Page 10, Policing Advisory Board Meeting, change spelling to: Taatgen. · Page 11, Staff Reports, BCD, paragraph 1, line 3, add "need" to read: ..."Council also may not need all of the scheduled meetings..." CONSENT AGENDA Councilmember Harpole made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. Approval of the Minutes for May 6, 1996 written without reading and as amended. Armroval of the following Bills and Claims: 010 Current Expense $ 32,808.36 094 Garbage 36,820.30 110 Street 10,080.70 120 Library 7,275.59 130 Park 6,201.37 321 Union Wharf Reconstruction 166,829.47 411 Water-Sewer 71,920.50 412 Storm and Surface Water 18,058.39 500 Equipment Rental 7,895.70 610 Firemeffs Pension and Relief 254.00 Total $ 358,144.38 Setting Hearings: · Shorelines Substantial Development Permit 9605-04, (Larry Scott Memorial Trail) for July 1, 1996. · Shorelines Substantial Development Permit 9602-02 (Stormwater Management Plan and Enhanced Haulout Project) for July 1, 1996. · Supplemental Budget Ordinance Hearing for June 3, 1996. Approval of Resolutions: RESOLUTION NO. 96-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH TELCOM MANAGEMENT CONCEPTS FOR CONSULTING SERVICES TO ASSESS THE NEEDS FOR NEW TELECOMMUNICATIONS SYSTEMS FOR THE CITY OF PORT TOWNSEND. Communications: A letter dated April 6, 1996, from Mr. Michael L. Miller, 200 Cub Rd. Port Townsend, reporting a loss of water from his broken shut off valve and asking for reduction of his bill because of his low income status. (To Staff.) A letter dated April 15, 1996, from Ms Laura K. Popenoe -- see minutes of May 6, 1996. A letter dated April 17, 1996, from Governor Mike Lowry -- see minutes of May 6, 1996. A letter dated April 22, 1996, from Mr. Les Smith, 191 Ness Comer Road, Port Hadlock, Washington 98339, to Councilmember Shoulberg and copied to Council expressing concern regarding a rumor that the City is considering trading the Tri-Area to the PUD for Glen Cove and requesting the City not to abandon the Tri-Area as water customers. (To Utility Committee.) A letter dated April 30, 1996, from Mr. Guy Rudolph, Irondale Community Action Neighbors (ICAN) Steering Committee Coordinator, to Mayor McCulloch and copied to Council requesting that the City not divest the Tri Area water system to the PUD at this time and thwart their efforts to incorporate their community. (To Utility Committee.) A letter dated May 2, 1996, from Mr. A1 Boucher -- see minutes of May 6, 1996. A letter dated May 2, 1996, from Mr. Timothy Witten regarding PT Bicycle/Pedestrian Facilities Striping and Signing Plan. (To Transportation Committee.) A petition dated May 3, 1996, regarding the Comprehensive Plan. (For Information.) A letter dated May 8, 1996, from Ms Deborah Daline reporting an unauthorized notification by a tenant to the City for water mm off due to a plumbing problem at 1041 Taylor Street, Port Townsend and asking for consideration of her case. (To Staff.) A letter dated May 8, 1996, from Mayor McCulloch to Ms Shannon Black regarding the City Parks Assistant Job, commending her qualifications and encouraging her consideration for applying for a future position with the City, should one become available. (For Information.) 4 A letter dated May 9, 1996, from Ms Patrice K. Varela-Daylo, Shelter Program Manager, thanking the City Council for granting waiver of permit fees for the Community Action Council Haines Street Jefferson County Emergency Shelter Program. (For Information.) A memorandum dated May 13, 1996, from City Planner Eric Toews giving a revised Comprehensive Plan Development and Adoption Timeline. (For Information.) This concludes the Consent Agenda. PUBLIC COMMENTS Mr. Bob Sokol, Commissioner, Port of Port Townsend, invited the City to be parmers with them in the Port's proposed heavy haulout project. He noted benefits to the City, how it related to the Direction Statement of the Comprehensive Plan and how it applied to at least 14 points of the Economic Development Element. He spoke to the need for cooperation and collaboration, and willingness to accept risk. He said the private sector and public sector look at things differently. The public sector needs to invest now and the private sector needs to be involved, not sit on the sidelines and gripe. He said that recently the Chamber of Commerce had suggested a solution for the City's Economic Development Element of the Comprehensive Plan to offer incentives to businesses wanting to relocate here as well as existing business expansion. Mr. Sokol said the Port is also trying to expand employment. Commissioner Sokol said the Port is not asking for cash, to cut a check, but as stated in the City's Economic DeVelopment Element of the Comprehensive Plan, make a way to create jobs. He said the Port is requesting a waiver of permit and other fees associated with the heavy haulout -- in kind rather than out of pocket expense. He noted this is not new and pointed out with the Skookum project, when the Nomura building was built, development and permit fees were waived. He discussed the contribution of many City Staff hours provided for Point Hudson. To the idea of setting a precedent he retorted, "Well is that bad?" He said the Port is a public elected district and we need to look at this project and what it does compared to the hospital and school bonds that were voter approved and voter guaranteed. Funding was there 100 percent. He said those are different from these proposes. He said the City does revenue bonds, the secondary treatment plant; and they can adjust utilities rates up to continue operating.. He pointed out projects in the marketplace from Southern California to Alaska, and said they are not asking the City to accept that risk but be partners. He enumerated ways the City would gain -- B&O Taxes, Sales Tax revenues, Business Licenses, Personal Property and Real Property taxes bringing revenues into the City coffers over a long period of time. He said regarding contacting the County, if the County had fees they could tap, they would also contact them. Mr. Sokol said regarding the Comprehensive Plan, we have been talking the talk. Now it is time to walk the walk. Councilmember Shoulberg asked the Chairman of the Finance Committee to respond to their tough time of deliberations. Councilmember Davidson explained that Mr. Lloyd Cahoon, Port Manager, came to their last meeting with many of the same points, and that they had a good discussion. He reported the committee determined it was not in the best interest of the City to waive these fees, and establishing the precedent was not good. Mr. Davidson said there is not only this project, but other projects that would be good for Economic Development that would also request assistance. Councilmember Keith noted it is only one piece of it to say they are not asking to cut a check, but there is lost revenue. The Building & Community Development Stafftime is expense. He suggested maybe the City and County could balance the expense, the gains would be over a large area. Councilmember Shoulberg spoke about avoided cost. He said the City has given waivers for hardship and referred to the Haines Street Project. He said we do support heavy haulout. Mr. Tim Lambert spoke about setting precedence and skills to make decisions. He talked about Citizen complaints; may lead to breaking the rules, but it's beautiful. He said the City can conform to Sameness -- to have everything big enough to turn a fire truck around and nothing beautiful to leave behind. He referred to the Enforcement List--how to get along with neighbors and urged the City not to take on parenting; issues that have no bearing on the citizens. Mayor McCulloch pointed out that expression is a sign of a civilized community. She said my rights end where yours begin, and said the City spends a lot of time on how they can be equitable with everybody. PUBLIC HEARINGS Shoreline Substantial Development Permit Application 9601-06, Washington State Parks and Recreation Commission: proposed planking on the boat basin pier at Fort Worden State Park. Councilmember Jenks asked if this comes under Regulatory Reform. Building and Community Development Director Robison said it is vested and this will be an open record heating. Councilmember Camfield stated she is Chair of the Fort Worden Advisory Board and asked to excuse herself from this heating. Councilmember Davidson said he was at the same meeting as Councilmember Camfield and asked if he should also be excused. Discussion followed. Mr. Robison said it may be a moot point since the application may be withdrawn. Both Councilmembers Camfield and Davidson remained for the heating. Mr. Robison introduced Mr. John Purcell, Washington State Parks and Recreation Commission, who will be submitting a revised permit application for the boat basin at Fort Worden. Mr. Purcell said before he formally requests withdrawal of his permit application, he had some items he wished to enter into public record: · He said the Shorelines Advisory Commission asked regarding the hydraulic permit granted to them by Washington State Fish and Wildlife, and said the Shoreline Commission is still concerned as regards fish habitat. He read a portion of a letter he caused to be written from Washington State Fish and Wildlife, "Based on area biologist John Betner's review, the project proposed and modified by HPA adequately protects fish life." (Entered the letter into public record.) · He told of concern regarding the project by U.S. Fish and Wildlife for pigeon gilmont and the nesting boxes built on the dock with Washington State Parks & Recreation permission. He read in part a letter from the U.S. Department of Interior, "Pigeon gilmont will not be affected by the project." (U.S. Department of Interior letter entered into public record.) · In 1991 Washington State Parks and Recreation applied for a Shoreline permit for dredging at the boat basin and forwarded their check for $355. December 21, 1991, the Port Townsend Planning Department determined they were exempt and issued a permit to dredge 3,500 cubic yards. (Shorelines Permit entered into public record.) · On July 7, 1992, they received a denial for a hydraulic permit from what was then called the Washington State Department of Fisheries. (Entered into public record.) · The end of March 1996, the Governor signed into law legislation that stated the Department of Fisheries must approve maintenance dredging in marinas. (Copy entered into public record.) It appeared to management of the State Parks and Recreation that the way was cleared and the door opened for dredging. Mr. Purcell said that a few weeks ago in a heating before the Shorelines Advisory Committee the State Parks discovered: · 5.40 boats and launches (applied, as they assumed); · 5.60 docks, piers and floats (applied, as they assumed); · 5.10 recreation facilities (applied to some degree, as they assumed); · 5.1.80 shores defense work (also applied, which they were unaware of). He said the proposed replanking is defined as shoreline defense work, and since it is in a conservancy environment, dredging is prohibited under the Shorelines Master Program. He said the situation reversed itself, and what is now open under HPA is closed by the City. Mr. Purcell said they consider that Fort Worden is an important, useful and wonderful thing. He said the State Parks and Recreation Commission is not prepared to abandon the project and will be revisiting it, but he is not sure what it will be when they revisit it. He spoke of the restraints of being on a biennial budget, mandated work closures, and the time it would take to secure permits and coincide with the work period of June 15 to June 30, 1997. Mr. Purcell said it may be some time before returning to the project and he formally made a request to consider withdrawing the application. Councilmember Harpole asked if it would now be a new process, and if those members of the Shorelines Commission that heard the first testimony could participate when and if it comes back? City Attomey McMahan said now everything is deceased and asked Mr. Purcell, "Is that your wish?" Mr. Purcell replied, they chose to ask the City Council in the event Council wanted to deny the request for tactical reasons and ask for a continuance and be faced with a revision. He noted if Council chose a continuance it would be heard under the old rules before the City Council, but it was his experience that a revision creates a lot of confusion. If they chose a new application, under Regulatory Reform it would be heard before the Planning Commission. Mr. Purcell stated that if Council voted to grant the withdrawal, the entire file would be entered as public record. Councilmember Shoulberg asked City Attomey McMahan what continuance means, and if the record is established here? Mr, McMahan said if Council chose a continuance, and it was substantially revised, the third thing could happen, that it could be considered an entirely new application and a whole new record. He also said the Shoreline Commissioners would now be citizens that could testify and the heating would entirely come before Planning Commission. Mr. Purcell said the State Parks Commission wants to withdraw the application, that it is better that way. Councilmember Shoulberg asked if the Council does not accept the withdrawal, would the project still be funded and go forward? Mr. Purcell said he did not think that would happen. Councilmember Jenks asked Mr. Purcell if the new law he made reference to was by the Fisheries for dredging or Regulatory Reform? Mr. Purcell said it was the law that micro manages the Department of Fisheries and does not give them the latitude for dredging. Ms Jenks asked if he had cited it, and he replied he had entered it as exhibit #14. Mr. Robison responded to the comment that this procedure was highly unusual, that Council packets had gone out Thursday afternoon, and Staff felt this would be an appropriate time to provide background for any new forthcoming proposal that included dredging. Councilmember Camfield asked if there is a time limit on the continuance? Mr. Robison said that under the Shorelines Act they would have to show substantial progress every 2 years. Councilmember Keith made a motion to accept the request to withdraw the Shoreline Substantial Development Permit Application (SDP) 9601-06 which was seconded by Councilmember Shoulberg. After discussion the motion was passed by voice vote with six in favor and Councilmember Jenks opposing. STANDING/ADHOC COMMITTEE REPORTS Housing and Community_ Services. Councilmember Perry-Thompson May 9, 1996 Discussion items: · Chapter 6, Health and Sanitation, Port Townsend Municipal Code 8 Set meeting -- June 6, 1996, 4:30 p.m. Agenda: Review of proposed ordinance Announced: Public Hearing for Recycling Plan -- June 17th Council Meeting Reported: Jefferson Transit -- Success of Key City Challenge, ridership was up 17% for the week. Summer youth passes reduced to $3/youth. Regular price if traveling with a bicycle. Officer Craig Lohner continuing good driving/bicycling/walking awards including awards of Jefferson transit daily passes. Youth AdHoc Committee. Councilmember Jenks May 14, 1996 Discussion items: oSummer resources. · Summer activities. · Four youth in attendance for frank discussion. Set meeting -- June 10, 1996, Pope Marine Park, 7:00 p.m. Agenda: Open discussion with youth. Promote dialogue. Finance Committee. Councilmember Davidson May 10, 1996 (continued to May 15) Discussion items: · Review of Supplemental Budget Request Continued meeting -- May 15, 1996 Discussion items: Presentation by Port for Permit Fee Waiver/Supplemental Budget Review Continuation/First look at 1997 Budget Cycle Calendar Set meeting -- May 30, 1996, 10:30 a.m. Agenda: Waiver of Permit Fees for Port of Port Townsend Heavy Haulout Project Councilmember Davidson made a motion that the City deny the Port of Port Townsend's request to waive Permit Fees for Heavy Haulout which was seconded by Councilmember Harpole. Councilmember Shoulberg made a motion to table the previous motion which was seconded by Councilmember Jenks. After a brief discussion the motion passed unanimously by voice vote. Councilmember Davidson asked if it was appropriate to refer the matter to the Finance Committee to consider the loss of revenue, setting a precedence, and the possibility of cooperating with the County. Councilmember Shoulberg asked Mayor McCulloch if she could take up the suggestion more informally with the County Commissioners, possibly a cash donation to help defray fees. Councilmember Camfield suggested sharing on an equal basis: one-third each -- Port of Port Townsend, Jefferson County, and the City. Councilmember Harpole said the issue needs to go to the Finance Committee, and Councilmember Davidson set a Finance Committee May 30, 1996. 9 City Attorney McMahan noted the Indemnity Company requested a Council motion to approve authorization and provisions of the Indemnity Bond. Councilmember Davidson made a motion that City Council approve the provisions of the Indemnity Bond and confirm the Finance Committee authorization of the Mayor to sign the Bond Assurance Agreement which was seconded by Councilmember Shoulberg. Vote will be taken after the next Public Comment Section. Land Use. Councilmember Keith May 14, 1996 Discussion items: · Modifications to SEPA Ordinance to bring into conformity with Regulatory Reform Set meeting -- Agenda: Shorelines/Enforcement Code Parks. Recreation and Property.. Councilmember Harpole Thursday May 16, 1996 Discussion items: · Parks and Recreation Benefit, May 27, 1996 · Skateboard ideas -- Gary Boyer · Ongoing present skateboard problems Set meeting -- June 13, 1996 Agenda: Skateboard Park/Chetzemoka User Fee update and review/ Consultant Request for Proposal for Functional Plan Law and Justice meeting. Councilmember Harpole Reported -- · Forthcoming from last November day-long information-sharing retreat: · Ongoing education. · Creating outreach endeavors. Public Safety. Committee. Councilmember Jenks Friday, May 17, 1996 Discussion items: · Interim Fire and Police Needs Assessment. · Recommendations to Council. Set meeting -- May 28, 1996, 3:00-5:00 p.m. Council Chambers June 5, 1996, 4:30 p.m. Council Chambers 10 Agenda: June 5 -- Fire & Police · Dom Campbell, public education · Community Oriented Policing Advisory Committee Survey, Hendrick Taatgen · Attitude toward the community · Community attitude toward crime and police Public Safety Committee Recommendations to Council: 1. Definition of Interim -- 7 to 10 years 2. Occupational Safety & Health Association compliance for Fire fighter personnel sleeping quarters · Council get together with Fire Department and ask for a Plan for Safety and Health needs Make a recommendation on how to proceed 3. Public Safety Interim Facility -- 3 proposals by October 1, 1996 · Prepare three actions for Council's preferred plan (Could include a limited amount of facility sharing with Fire Department.) 4. Temporary Professionals Services Staffing Assistants for greater efficiency -- $7,500 - $10,000 · There is no interim staffing available now Positions be created and budgeted in the approximate amounts shown above or Temporary services contract be advertised for the Olympic Peninsula vicinity Councilmember Shoulberg talked about dealing with interim assumptions. He suggested contracting for professional services. He asked if this needed to go before the Finance Committee and could it meet the timeline of October 1, 1996? He said he supports it. Councilmember Harpole said he also supports it, and asked how to finance it; if they should work with someone we are working with, or advertise with another scope of work? During discussion Councilmember Shoulberg asked if this could be added to the supplemental budget since there has not yet been a first reading of the supplemental budget ordinance. City Attorney McMahan said they could amend the supplemental budget tonight and republish it. Councilmember Shoulberg said the Finance Committee is part of the process, but this seems to be a priority for this year. He said it is in this year's budget, and Councilmember Harpole said it is unfunded in Capital Facilities. Councilmember Keith said it is not the same as something brand new, and he would be fairly comfortable to do it tonight. Councilmember Davidson said he heard four in support and asked the opinions of Councilmembers Camfield and Perry-Thompson. Councilmember Camfield said Council had established this as a top priority in February, and she would be in favor of adding it to the supplemental budget. Councilmember Perry-Thompson said she is very much behind it. She said she has nothing to add, that she is on the committee. Councilmember Harpole asked if this should be handled as contracted services or a request for Proposal (RFP). Councilmember Camfield asked regarding the completeness of the roster. 11 City Attomey McMahan said he and Mr. Wheeler would put together a memorandum of who is on roster and suggestions for the Public Safety Committee meeting May 28th. Transportation. Councilmember Camfield May 13, 1996, 12:00- 1:30 Discussion items: · Reviewed where to tour · Issues for the Transportation Element Set meeting -- June 18, 1996, 5:00 - 7:00 p.m. Agenda: Transportation Improvement Program (TIP) Reported: Tour of May 17, 1996. Very successful and informative. Well represented with approximately 20 attendees. Utilities. Councilmember Shoulberg May 10, 1996 (9:15 a.m. and 2:00 p.m.) Discussion items: · Rate structure for stormwater and water/sewage for public hearing (Not unanimous on rate structure, but in the Stormwater Plan as a recommended alternative.) Joint Utilities/Water Advisory_ Board/PUD Councilmembers Jenks and Shoulberg, Co-chairs May 13, 1996 Discussion items: (Continuing dialogue) · PUD/City Utility Customers · Goals, Commonality, Cooperation in Service to Customers · Service Area · City's Concerns Regarding Appropriate Sharing of Tax Revenues and How Allocated to Helping Customers May 16, 1996 Discussion items: (Good discussion including County and PUD participants) · Water Policy and Ramifications of What the City Is Doing · Coordinated Water Plan and What the County Is Doing Reported: Mr. Wheeler -- Draft Water Masterplan to be completed by June 30th. MAYOR'S REPORT Mayor Julie McCulloch reported there is very little funding available at the State level for transportation. She announced a transportation meeting at Port Angeles June 13, 1:00 to 4:00 p.m. 12 and asked either Councilmember Camfield or Councilmember Perry-Thompson to attend, and, if they are unavailable, for Staff to represent Port Townsend. She noted the Transportation Improvement Program (TIP) is not only a State mandated program to establish transportation priorities, but is also being used by the Association of Washington Cities (AWC). The Mayor reminded about the dedication June 15th of the statue of Chief Chetzemoka crafted by local artist Mr. Dick Brown and donated by Mr. and Mrs. Brown for the Port Townsend Municipal Golf Course. She noted invitations to the dedication include an invitation to President Bill Clinton. Mr. Brown's recent acclaim, dedication of a work, Peace. Peace. My Lord included as part of the National Achieves of the Smithsonian in Washington, D.C. and President Clinton's interest in that work, prompted the invitation for the U. S. President to attend the Port Townsend dedication. Mayor McCulloch applauded Mr. Flint's meeting last week with the Real Estate Professionals for Affordable Housing and their joint efforts to provide a safety net for those who need assistance. She noted there is money available from lending institutions for affordable housing needs. The Mayor presented a proposal from Mr. Scott Wilson, from the Port Townsend Leader, to advertise the Land Use Map and announcements of final hearings on the Comprehensive Plan. She noted there is not money in the budget to cover those expenses. There was discussion that given the lateness of time and former decisions regarding cost constraints, they felt their efforts to advertise the process had been made as best possible. Notices will be made to announce the upcoming meetings and hearings. Mayor McCulloch asked for written Council comments by May 28 for input to the Council Mid-year retreat, June 26, also a public meeting. STAFF REPORTS Building & Community. Development: Director Dave Robison discussed Eric Toews' memorandum which he said reflected the good job done by the Planning Commission. He asked if there were any concerns with the proposed agenda. He said the Planning Commission will make a brief presentation to Council at their meeting June 3 with lines in and lines out, any key policy issues and a summary memorandum. He stated he Planning Commission anticipates being represented at each of the scheduled Council meetings covering Comprehensive Plan issues. He applauded the many hours spent by the Planning Commission and their hard work on trying to put together a Comprehensive Plan and Land Use Map that truly reflects the community's needs and the concerns reflected in their testimony over the past 6 months. Mr. Robison also noted the many scheduled meetings proposed for Council deliberation of the Comprehensive Plan. Councilmember Jenks made a motion to adopt the Comprehensive Plan scheduled timeline which was seconded by Councilmember Harpole. Vote will be taken following the next Public Comment Section. 13 City_ Attorney's Office: City Attorney McMahan reported that with the LID foreclosures filed last March they gave a very long grace period. He said every one except one has been received and they will be moving against that remaining one. He noted they had taken action toward the Municipal Golf Course lease and reported the Superior Court Judge issued an order for the City to take possession last week. He said Mike Early has things up and running to provide the best facilities possible for the Summer. He stated the previous management has not been on the premises for some time, and the City is moving ahead to terminate their lease as soon as possible. Public Works: Director Bob Wheeler STORMWATER and STORMWATER PROJECTS 1996 Mr. Wheeler gave an abbreviated report and stated the Puget Sound Water Quality Authority had been here last week, and they had made a presentation of the City's stormwater and composting programs including the soft approach they are taking with bio-filtration swales and wetlands. He said there was total applause on how Port Townsend is doing it right in stormwater and composting. Mr. Wheeler enumerated the most immediate proposed stormwater projects: · San Juan Avenue -- Stormwater $124,000 (July to October) · 14th and McPherson -- Contract, $120,000 · Cook Avenue -- (two parts of Cook Avenue) · Discovery Road -- $125,000 (September) · McPherson and 12th -- Logan Creek · Washington/Quincy to Madison · 16th and Landis -- Approximately $10,000 (June) · 35th Street Park -- $35,000 (September to October) · Umatilla Street -- repair, $55,000 (July to August) · Hendricks Stormwater Park -- neighborhood project, approximately $14,000 (September) Mr. Wheeler reported 315 vehicles had been served with compost and that there is no more commercial compost available. He said they sold over 500 yards of compost. Mr. Wheeler also noted the federal funding on the San Juan Avenue had been approved, and that bidding is in progress. Mr. Wheeler said three prospective proposers for the Parks and Recreational Functional Plan had met with the Parks Commission for a good discussion. Library_: Director Linnea Patrick said she had previously reported leveling off of circulation, but the new reports show circulation up 14.8 percent from last April which was an increase of 14 percent from the previous April. 14 PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. Sokol suggested the City might take a clue from school districts and consider modular buildings for interim Public Service facilities. Mr. Sokol again spoke about partnership between the Port and the City on the issue of heavy haulout. He noted that Port Townsend is a town with a small tax base and said as community leaders they need to look at this. He noted the Port is a taxing base, but tax revenues are not a significant portion of the revenue. He said some tax revenues go to schools, hospitals, B & O tax, lease hold tax. He enumerated benefits to the City in participating with the Port heavy haulout project: $17 hundred thousand stormwater project · Buffered Wetlands · Larry Scott memorial trail · Sidewalks -- pedestrian access to the waterfront. He asked who pays and who benefits? · Moderate waste facility -- Port and County paid; no City funds. Port Townsend residents 70 percent of users. He said if you fund something, you may not be funding for yourself and suggested bringing the County in and having them participate. He spoke of setting a precedent by dividing costs three ways and Port Townsend' s contribution of $18,000 in permitting fees compared to what it might be if and when there is an airport development with costs in excess of $100,000. He spoke of high paying jobs coming into the area, i.e. high tech jobs that average $32,000 and urged partnership with the Port. 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. MOTION: To approve provisions of the Indemnity Bond and confirm the Finance Committee authorization of the Mayor to sign the Bond Assurance Agreement. Passed unanimously by voice vote. MOTION: To adopt the Comprehensive Plan scheduled timeline. Passed by voice vote with 6 in favor and Councilmember Shoulberg opposing. Mayor McCulloch then closed the Public Comment portion of the meeting. 15 UNFINISHED BUSINESS Port Townsend Business Park -- PUDA Amendment. (Deferred to Continued Session May 23, 1996.) NEW BUSINESS ORDINANCE NO. ***** AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 2.68.010, BOARD CREATED, CHAPTER 2.68, ARTS COMMISSION, OF THE PORT TOWNSEND MUNICIPAL CODE. Deferred to Continued Session May 23, 1996. ORDINANCE NO. ** *** AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS 3.36.015, FEES--BUILDING AND LAND USE; 3.36.020, PUBLIC WORKS AND UTILITY BILLING SERVICE FEE SCHEDULE; AND ADDING A NEW SECTION 3.36.060 FEES--POLICE DEPARTMENT FEE FOR FINGERPRINTING, OF CHAPTER 3.36, PERMIT, APPLICATION AND APPEAL FEES OF THE PORT TOWNSEND MUNICIPAL CODE Deferred to Cominued Session May 23, 1996. ORDINANCE NO. ***** AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 010, UNIFORM CODES ADOPTED, CHAPTER 16.04, BUILDING CODE OF THE PORT TOWNSEND MUNICIPAL CODE, TO INCREASE THE MINOR CONSTRUCTION EXEMPTION AMOUNT FOR BUILDING PERMITS FROM $1500 TO $1700 AND INDEXING THE EXEMPTION AMOUNT BASED UPON RATE OF INFLATION. Deferred to Continued Session May 23, 1996. ORDINANCE NO. **** * AN ORDINANCE APPROPRIATING THE SUM OF $109,800 TO THE CURRENT EXPENSE FUND, $127,436 TO EQUIPMENT RENTAL FUND, $86,077 TO THE LIBRARY FUND, $4,825 TO THE PARK FUND, $225,000 TO THE STORM & SURFACE WATER FUND, $2,003,200 TO THE CAPITAL IMPROVEMENT FUND REDUCING THE APPROPRIATION TO THE UNION 16 WHARF RE-CONSTRUCTION FUND BY $2,000,000, AMENDING THE 1996 BUDGET AND THE 1994-99 CAPITAL IMPROVEMENT PROGRAM, MAFdNG FINDINGS AND DECLARING AN EMERGENCY. Deferred to Continued Session May 23, 1996. COUNCILMEMBERS GENERAL DISCUSSION Deferred to Continued Session May 23, 1996. EXECUTIVE SESSION Mayor McCulloch receSsed the meeting into Executive SesSion to discuss impending litigation and property acquisition including City Attorney McMahan, Public Works Director Wheeler, Doug Mason, Public Works. The meeting was reconvened at 12:14 a.m. Mayor McCulloch asked for action on the following resolution: RESOLUTION NO. 96-79 A RESOLUTION OF THE PORT TOWNSEND CITY COUNCIL APPROVING AN INTERIM JOIN MANAGEMENT AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND MIKE EARLY GOLF SHOPS, INC. FOR THE PORT TOWNSEND MUNICIPAL GOLF COURSE, AND AUTHORIZING THE MAYOR TO SIGN THE INTERIM AGREEMENT. Councilmember Shoulberg made a motion that the Council adopt Resolution No. 96-79 which was seconded by Councilmember Keith and passed unanimously by voice vote. RECESS There being no further business, at 12:15 a.m. Mayor McCulloch declared the meeting recessed until 5:00 p.m. on May 23, 1996, in the Council Chambers of City Hall. Julie McCulloch, Mayor 17 Attest: Acting City Clerk MINUTES OF THE CONTINUED SESSION OF MAY 23, 1996 The City Council of the City of Port Townsend met in continued session this twenty-third day of May, 1996, at 5:00 p.m. in the Council Chambers of City Hall to continue business from the City Council regular session of May 20, 1996, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Dan Harpole, Kathryn Jenks, Ted Shoulberg, Ian Keith, Diane Perry-Thompson, Bill Davidson and Jean Camfield. Staff Members present were Building & Community Development Director Dave Robison, City Attorney Timothy McMahan, Acting City Clerk Pam Kolacy. WORKSHOP Mayor McCulloch stated the purpose of this workshop is to continue unfinished and new business from the City Council regular session of May 20, 1996. UNFINISHED BUSINESS Port Townsend Business Park No. 9302-05 -- Property Use Development Agreement (PUDA) Fourth Amendment Building and Community Development Director Dave Robison presented the proposed minor PUDA amendment before Council to reduce the required northern setback on Lot 11 of the Port Townsend Business Park to 12 feet for the purpose of adding a storage lot for boats and recreational vehicles to the existing mini-storage. Mr. Robison noted that the Planning Commission had reviewed the amendment and felt that no public hearing was necessary. Council may adopt the findings and conclusions of the Planning Commission and approve the PUDA amendment or remand it to the Planning Commission for public hearing if it is found to be a substantial change. Councilmember Davidson made a motion that the Fourth Amendment to Port Townsend Business 18 Park No. 9302-05 be approved which was seconded by Councilmember Perry-Thompson. The morion passed unanimously by voice vote. NEW BUSINESS ORDINANCE NO. 2525 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 2.68.010, BOARD CREATED, CHAPTER 2.68, ARTS COMMISSION, OF THE PORT TOWNSEND MUNICIPAL CODE. Ms Kolacy read the ordinance by title. Councilmember Harpole 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. 2525 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. ORDINANCE NO. 2526 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS 3.36.015, FEES--BUILDING AND LAND USE; 3.36.020, PUBLIC WORKS AND UTILITY BILLING SERVICE FEE SCHEDULE; AND ADDING A NEW SECTION 3.36.060 FEES--POLICE DEPARTMENT FEE FOR FINGERPRINTING, OF CHAPTER 3.36, PERMIT, APPLICATION AND APPEAL FEES OF THE PORT TOWNSEND MUNICIPAL CODE City Attorney McMahan gave a brief explanation of the proposed ordinance. Ms Kolacy 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 Camfield and passed unanimously by voice vote. Ms Kolacy again read the ordinance by rifle. Councilmember Camfield made a motion that the Council adopt Ordinance No. 2526 which was seconded by Councilmember Harpole and passed unanimously by roll call vote. ORDINANCE NO. 2527 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 010, UNIFORM CODES ADOPTED, CHAPTER 16.04, BUILDING CODE OF THE PORT TOWNSEND MUNICIPAL CODE, TO INCREASE THE MINOR CONSTRUCTION EXEMPTION AMOUNT FOR BUILDING PERMITS 19 FROM $1500 TO $1700, AND INDEXING THE EXEMPTION AMOUNT BASED UPON RATE OF INFLATION. Councilmember Shoulberg explained that the last time the minimum exemption had been raised was in 1991, and that the exemption should be tied to the inflation rate. City Attorney McMahan stated the proposal had been approved by the Finance Committee. Ms Kolacy read the ordinance by title. Councilmember Shoulberg 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 Shoulberg made a motion that the Council adopt Ordinance No. 2527 which was seconded by Councilmember Davidson and passed unanimously by roll call vote. ORDINANCE NO. 2528 Councilmember Davidson noted an open item regarding the Fire and Police interim study to be included in this ordinance. Councilmember Shoulberg made a motion to amend the supplemental budget to include $10,000 for professional contractual services to guide the public safety facility interim process, with the money to come from the contingency fund which was seconded by Councilmember Harpole and passed unanimously by voice vote. Councilmember Jenks asked if the direction of the professional services should be discussed at this time. City Attorney McMahan noted he and Mr. Wheeler will have the Public Works consultant roster available for reference. As amended, Ordinance No. 2528 now reads: ORDINANCE NO. 2528 AN ORDINANCE APPROPRIATING THE SUM OF $119,800 TO THE CURRENT EXPENSE FUND, $127,436 TO EQUIPMENT RENTAL FUND, $86,077 TO THE LIBRARY FUND, $4,825 TO THE PARK FUND, $225,000 TO THE STORM & SURFACE WATER FUND, $2,003,200 TO THE CAPITAL IMPROVEMENT FUND REDUCING THE APPROPRIATION TO THE UNION WHARF RE-CONSTRUCTION FUND BY $2,000,000, AMENDING THE 1996 BUDGET AND THE 1997-99 CAPITAL IMPROVEMENT PROGRAM, MAKING FINDINGS AND DECLARING AN EMERGENCY. Ms Kolacy read the ordinance by title, for introduction only The second reading will take place at the next Council meeting at which time a public hearing on 20 the supplemental budge will take place. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Harpole suggested the Council consider starting meetings at 6:00 p.m. rather than 7:00 p.m. Mr. Robison suggested that the meetings might start earlier, but that public hearings always be held after 7:00 p.m. for the convenience of the public. City Attorney McMahan confirmed that this would require a change by ordinance. Councilmember Perry-Thompson also suggested committee meeting times be set ahead of time rather than during the Council meeting. Councilmember Harpole suggested these items be discussed as an agenda item at the Council retreat. Councilmember Camfield suggested that the general running of business meetings be discussed as well. City Attorney McMahan suggested to the Council that since the City has standardized the form of all contracts, it is no longer necessary to provide the boilerplate information for each contract in Council packets. The accompanying resolution would have the names of the parties and the amount of money owed for the services, and the three exhibits explain details particular to each contract. Councilmember Harpole questioned whether any deviation from the standard would be pointed out. Mr. McMahan noted this would rarely, if ever, happen, but certainly Council would be made aware. There was no objection to this from any Councilmember. Councilmember Keith suggested that the next Land Use Committee meeting be set for June 4 at 1:00 p.m. Councilmember Camfield noted that in discussions with Telecom for the City Hall, Police Department and Library phone systems, it would be considered that the enhanced 91 system requires certain readout capabilities. Her experience with the School District showed that this can have large impact on cost if it is not done up-front. ADJOURNMENT There being no further business, at 5.44 p.m., Mayor McCulloch adjourned the meeting. - ' ~lulie McC-ull0ch, Mayor 21 Attest: Acting City Clerk 22