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HomeMy WebLinkAbout10071996 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 07, 1996 The City Council of the City of Port Townsend met in regular session this seventh day of October, I996, 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, Dan Harpole, Ted Shoulberg, Ian Keith, Kathryn Jenks and Jean Camfield; Councilmember Perry-Thompson was excused. Also present were City Clerk Pam Kolacy, City Administrator Michael Hildt, Police Chief Jim Newton, City Attorney Timothy McMahan, Director of Building and Community Development Dave Robison, Fire Chief Howard Scott, Library Director Linnea Patrick, City Treasurer Derek Stacey Thompson and Sheila Avis, Minutes Taker. INTRODUCTIONS and/or RECOGNITIONS Fire Chief Howard Scott introduced Patrick Young newly hired Paramedic/Firefighter who briefly responded, and newly promoted Fire Department Training Officer Jim Wadkins who also briefly responded. PRIORITY PRESENTATION There was none. AGENDA CHANGES OR ADDITIONS Amendment to minutes for September 3, 1996 Page 4 under Reported-- eliminate (by Transportation Committee responsible for Safe Walk Ronte to School) Page 7 third paragraph from bottom-- change 5,000 to read "5 million gallons..." Page 9 City Attorney's report change Taylor Washburn to Tayloe Washburn in both instances. Councilmember Shoulberg thanked Public Works Director Wheeler for sending Randy Pendergrass to the Cost of Rate-Making seminar. He noted it will better enable in-house rate setting and conserve money now being spent on consultants. CONSENT AGENDA Councilmember Davidson 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 Minutes as written for July 15,1996; August 5, 1996; August 19, 1996; September 3, 1996 (as amended) Approval of the following Bills and Claims: 010 Current Expense $31,752.19 094 Garbage $37,829.80 110 Street $7,024.47 120 Library $9,098.69 130 Park $9,172.22 150 Hotel/Motel Transient Tax $10,850.00 180 Capital Improvement $$276,285.34 360 Local Improvement District #1 $7,930.44 411 Water-Sewer $59,682.39 412 Storm and Surface Water $11,140.08 500 Equipment Rental $25,944.59 610 Firemen's Pension and Relief $65.00 Total $486,775.21 Approval of Out-State Travel Randy Pendergrass, San Diego, CA, November 6 to 8, 1996, to attend Cost of Service Rate- Making seminar. October 21 to authorize Clerk to surplus items Approval of Resolutions RESOLUTION NO. 96-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND TO DIRECT STAFF TO SETTLE FUTURE CHANGE ORDERS UP TO $6,000.00 FOR ANY SINGLE CHANGE, AND UP TO A TOTAL $30,000.00 FOR ALL CHANGES COMBINED, TO THE LAKESIDE INDUSTRIES OF PORT ANGELES CONTRACT FOR THE REPAIR OF DISCOVERY ROAD AND MCPHERSON STREET. RESOLUTION NO. 96-126 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 (John W. & Patricia S. Simpson--Sewer line) Approval of Appointments To the Library Board: Sarah Muirhead, Term expires August 31, 2001 William F. Maxwell, Term expires August 31, 1999 To the Arts Commission: Gwendolyn Moore, Term expires February 1, 1999 Communications A letter dated September 16, 1996 from T.A. Rogers, 2201 Cook Avenue, Port Townsend, regarding acquisition of land for public parking. (For information) A letter dated September 18, 1996, from Edith Lawrence, 1408 Sims Way # 11, Port Townsend, to the Mayor and copied to Council, requesting consideration of golfer's needs and a long term lease of the Municipal Golf Course by Mr. Mike Early. (For information) A letter dated September 20, 1996, from G. Donald Marseille, 1031 Cherry Street, Port Townsend, to the Editor of The Leader and copied to Council, answering Mr. T. A. Roger's suggestion of more publicity of the Community Oriented Policing Advisory Board and complaint about the investigation by the Use of Force Review Board. (For information) A letter dated September 20, 1996, from Gaither & Bonnie Baker, Port Townsend, commenting on proposed changes to the Home Occupation Code. (Copied to the Planning Commission) A letter dated September 26, 1996, from G. Donald Marseille to Councilmember Jenks, Public Safety Committee and copied to Council regarding interim Public Safety Space Needs Plans. (For information) A letter dated October 2, 1996, to Council from Mayor McCulloch appointing Patrick Boyle and Elisa Welch to the Jefferson County Community Network to fill current vacancies. (For information) This concludes the Consent Agenda. PUBLIC COMMENTS There were none. STANDING/ADHOC COMMITTEE REPORTS Land Use. Councilmember Keith Set meeting-- October 17, 1996, 12:30 p.m., City Hall Agenda: Glen Cove Area-- Forest conversion at City boundary Parks, Recreation and Property.. Councilmember Harpole Set meeting-- October 14, 1996, 3:30 p.m., City Hall Agenda: Skateboard park expiration/budget proposals Law & Justice. Councilmember Harpole October 1, 1996 (All day retreat) Reported: A good meeting. There will be ongoing weekly Law & Justice articles in The Leader. Public Safety_ Committee. Councilmember Jenks Set meeting-- October 29, 1996, 4:00 p.m., City Hail -- invited Council, will invite COPAB Agenda: Draft presentation of site evaluation, Public Safety Facility Transportation. Councilmember Camfield September 26, 1996 Discussion items: · Street latecomer agreements · Grant information from Mary Winters · Heavy haulout (want City to take over liability) · Union Wharf (inadequacies of street at dock) · Striping of streets · Handicap access downtown (new ramps downtown-- commended Public Works for action) · Engineering Division · F and Cherry (Striping this week -- 4 way stop site completion in a couple of weeks) Utilities. Councilmember Shoulberg Met twice Discussion items: · Rates · Rate models Water Coordinating Council. Councilmember Shoulberg October 7, 1996 Reported: No indication yet of what action County Commissioners will take. Cable Television Advisory_ Committee. Councilmember Shoulberg Will set a meeting Reported: (per Harpole) Robert Force and Mark Welch agreed to serve on Committee MAYOR'S REPORT Mayor Julie McCulloch made the Preliminary 1997 Budget Presentation. She said she enjoyed working on this budget, that it is a good document, but that the process involved difficult choices. She noted that Port Townsend is a community with a small tax base and revenues depend on that tax base. She reminded the community that the retail sales tax stays in the community when buying locaily. The Preliminary 1997 Budget document will be available October 14. Mayor McCulloch outlined the remaining hearings and deliberations and noted she would be continuing considerations with a possible supplement to the preliminary budget. Mayor McCulloch reported she had participated in a bus tour with the Regional Transportation Planning Organization (RTPO), a first-time tour of county projects. She said the tour this year included Clailam and Jefferson Counties and next year will cover Kitsap and Mason Counties. She said the RTPO adopted the Peninsula Regionai 6 year transportation improvement program; she enumerated projects included for Port Townsend and noted they are costs that are yet unfunded. She announced public hearings scheduled for input on the newly released draft Puget Sound Water Quality Plan for the 1997-1999 biennium to be held October 23 for Clallam, Kitsap and Jefferson Counties at the Port Ludlow Fire Hall. STAFF REPORTS City. Clerk's Office: City Clerk Kolacy Noted minutes included in today's packets were single sided due to copy machine malfunction. She said the minutes are up-to-date except for completion of the 9 hour meetings of July 1 and July 3. City. Administrator's Office: City Administrator Hildt Announced Annual Good Neighbors (UGN) promotion through November 15 and scheduled a UGN presentation for the November 18 Council Meeting. Noted the City has lowered long distance rates substantially through negotiations talks with AT&T at the suggestion of the Mayor. City_ Treasurer's Office: City Treasurer Thompson Spoke about the many hours that he has worked on the budget. Building and Community Development: Director Dave Robison Discussed the Growth Management Act (GMA) Pre-hearing Conference October 15, Pope Marine Building. He said they will be looking over the index of voluminous records maintained and he feels confident the record will support the City's position. Set tentative Union Wharf dedication Noon, October 28 with Jennifer Belcher, DNR. The ribbon cutting will be the opening of the pedestrian access portion. Looks as if additional grant money will be awarded Union Wharf from DNR sidewalks and from IAC for moorage. Will be discussed at an October 19 Advisory Meeting. Final completion is anticipated in Spring 1997. Announced hearing to receive public testimony on Planning CommisSion preferred alternatives for Home Occupation, Parking, and Fences, Hedges and Arbors codes are scheduled for October 17. Councilmember Jenks asked that representatives be present from Public Works to consider maintenance and from the Police Department to consider enforcement time for parking regulations. Other areas of concern to her are trees on the roadside; hedges vs. fences; deterioration of areas due to spill-Over parking uptown, etc. City Attorney's Office: City Attorney McMahan Reminded that Monday, October 14, is the all day Council and Planning Commission Land Use training, and should be a lively and exciting day. Staff has been meeting with representatives of the County and Port to resolve issues of how to handle management, maintenance, liability, ownership, and other issues of the Larry Scott Memorial Trail. He said the trail easement has been dedicated, and the maintenance agreement is being worked out. Mr. McMahan said the Mill is also willing to dedicate the transfer span out to the end and also Wetland No. 1. He said the four entities (including the Mill) are working well together, and he is very pleased with the cooperation. Mr. McMahan assured that he has made it clear this is a Council policy matter and will come for Council consideration before any action is taken. Regarding the appeal of the Comprehensive Plan, the Pre-hearing Conference here before the Western Washington Growth Management Hearings Board at Pope Marine Building October 15 will include examination of the exhibit lists and determination of probable issues for review and appeal. Public Works: Director Bob Wheeler Paving and stormwater projects finished today on Discovery and McPherson. Looking at sidewalks adjacent to Union Wharf to see if City can make improvements. A technical meeting will be conducted next week. Local Improvement Districts Seminar October 25, 1996, Pope Marine Building. RSVPs were received from Councilmembers Harpole, Camfield and Jenks. Library.: Director Limnea Patrick Reported the Library Board will be meeting at 5:00 p.m. the fourth Monday of each month through January to accommodate the work of the Library Coordinating Committee. Councilmembers scheduled to meet with the Library Board: October 28-- Ian Keith; November 25-- Ted Shoulberg; December 23-- Bill Davidson. Police Department: Police Chief Jim Newton Reported a robbery Sunday, October 6, 1996, 6:00 p.m. at Bay Variety; 1 victim. There is a composite drawing of the suspect who is so far unknown. Noted the passing away of Advisory Board Member Ray Tennyson. Commended Mr. Tennyson's work on the Board. F~z.e..D_gp.~Ial~: Fire Chief Howard Scott Announced this Fire Prevention Week. He asked citizens to make sure house numbers can be seen from the street, and they have good batteries in their smoke detectors. Noted a program where Port Townsend Lumber is giving a free smoke detector (as long as supplies last) with a $5 purchase and a certificate that can be picked up from the Fire Station. Reported the Bum Boot promotion collected $2525 for Bum Foundation. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. There being none, Mayor McCulloch closed the Public Comment/Question portion of the meeting. VOTE ON MOTION 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 McCuiloch closed the Public Comment portion of the meeting. PUBLIC HEARINGS Interim Zoning Map BCD Director Robison pointed out that July 15, 1996, Council adopted Ordinance 2539, Comprehensive Plan, and immediately after adopted Ordinance 2540, interim zoning map. Ordinance 2540 repealed the existing zoning map and adopted the new interim zoning map. He said the new interim map is really the existing zoning map previous to adoption wit expanded areas for CII, allowing commercial development to occur. The anticipation is to have portions of the land use map amended as subsequent development regulations are adopted, and completion of the entire land use map with the implementing regulations of the zoning code adopted within 1 year. He said that under GMA, it is possible to adopt an interim ordinance, and so they chose to adopt an interim zoning map. Under State law, a public hearing is required after the adoption date. City Attorney McMahan explained that the purpose of the hearing is not to reconsider or change Ordinance 2540, but for the benefit of any members of the public who might be negatively affected by the interim ordinance so Council can reconsider any newly raised impacts. He said none have been submitted. The Hearing was opened for Council Questions: Q. Jenks: A. Robison: Asked for explanation for what happens if someone has a proposal for the proposed land use map that has not yet adopted; i.e. multi-family in a proposed mufti-family zone. Said they would have to wait for the development regulations to be approved. Q. Jenks: Asked regarding the Public Works trust fund and whether all of the implementing regulations have to be placed for the City to maintain eligibility. A. Robison: To be eligible for Public Works Trust Fund money, the Comp Plan has to be in place and at least certain development regulations, i.e. a revised zoning code that helps implement the land use map and Comp Plan, and subdivision regulations. Wheeler: That is in the RCW and is consistent with applications we have turned in so far. It is also true of the Safe Drinking Water Act. Robison: The four implementing phases for development regulations discussed recently were to bring the City into compliance and deal first with the regulations mandatory to Department of Community Trade and Economic Development (DCTED) for grant eligibility and then with the regulations DCTED is likely to allow to be delayed. He noted the impact of the Comp Plan appeal will have on delaying the process. Q. Davidson: What are the prospects of getting the development regulations and the land use map completed by the deadline? A. Robison: Portions of it will be done. Probably there will be some combination of a new ordinance and extension of portions of the existing ordinance. Q. Jenks: Is completion the issue, or is it the process? A. Robison: There are aspects of both. He said they are doing a major overhaul of the zoning code and the development regulations, street standards, etc. He said the major things DCTED looks at are: 1) implementation of the zones on the map; 2) the mew district definitions and subdivision ordinance; 3) the major use table. He said putting off innovative development code matters, he thinks will meet DCTED's spirit of completion. The Hearing was opened to the Public in favor/in opposition: There was no response to either. The Hearing was closed to the Public and opened for Council Deliberation: There was none. ORDINANCE NO. 2540 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, REPEALING AND REPLACING THE OFFICIAL ZONING MAP ADOPTED UNDER CHAPTER 17.12.40 PTMC WITH AN INTERIM ZONING MAP THAT PARTIALLY IMPLEMENTS THE PORT TOWNSEND COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED, (CHAPTER 36.70A RCW); DECLARING AN EMERGENCY; AND, ESTABLISHING AN EFFECTIVE PERIOD. Mayor McCulloch said the ordinance stands without further action. Steven & Rhonda Scharf. Conditional Use Permit Application LUP96-O0047 (Closed Record Hearing-- No testimony accepted) Mayor McCulloch discussed the closed record hearing process under Regulatory Reform. She said it is really important for the public to come before the Planning Commission if they wish to testify at a public hearing as no additional testimony can be accepted at the closed record stage. Councilmember Jenks disclosed that during the week of October 1 she ran into the proponent and spoke about the closed record hearing, but not the project. She said today she looked at the public inspection file in the file drawer, and asked if there were any conflict over either situation. Mr. McMahan said there was no problem. Councilmembers Harpole and Camfield noted that Dr. Scharf is their dentist. There was no objection to any of the Councilmembers participating in the hearing. Mr. Tim Woolett, Interim City Planner, responded to Council questions and comments: Councilmember Camfield noted some confusion between Findings of Fact C. which refers to 11 parking spaces, 8 off-street and 3 on-street and the site plan showing 10 spaces in the parking area and one in the garage for a total of 11 onsite. Mr. Woolett provided revised site plan A-1 dated 8-5-96 to replace Exhibit 1. Councilmember Davidson asked regarding the term "board" in condition//3. Mr. Robison said the City Council is also referred to as the Board of Adjustment. Councilmember Jenks asked whether there were any mechanism for Council if they felt they needed more information- would the 120- day clock stop in that case? Mr. McMahan said if the Planning Commission erred and possibly didn't review all of the facts, a remand to the Commission would not stop the clock; if the applicant had presented inaccurate information, the clock would stop while that information was supplied. Ms. Jenks asked why the project was exempt from SEPA review. Mr. Robison replied commercial buildings under 4,000 square feet are exempt. Councilmember Keith asked about three parking spaces required for the now office, and asked if the proposed use of that space is known. Mr. Woolett said the applicant proposed the office to be a professional office, such as a consultant, that would not have people coming in, nor produce or sell goods on site. Mr. Woolett pointed out that under Code Section 17,31.60B, restoration of one on-street parking space reduces the off- street requirement by two spaces. He said parking had been discussed at length and conclusions were addressed in the Findings and Conclusions. The Hearing was closed to Council questions and opened to Council deliberation: Councilmember Keith suggested an additional condition that only tenants be allowed with onsite services or parking be adjusted to accommodate other uses. It was noted that one of the on-street parking spaces was a restoration, because the space is now a driveway. Councilmember Davidson pointed out the Planning Commission added condition # 6 which addresses these issues. MOTION SECOND VOTE Keith Approve the Conditional Use Permit (CUP) Application No. LUP96-00047, Dental Clinic Addition and Mixed Use Building, Steven and Rhonda Scharf Harpole UNANIMOUS with 6 in favor UNFINISHED BUSINESS There was none. NEW BUSINESS ORDINANCE NO. 2546 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE SECTION 10.40.020, TO ADD ADDITIONAL STREETS FROM PROHIBITED AREAS, OF CHAPTER 10.40 SKATEBOARDS AND ROLLER SKATES. Mayor McCulloch read the ordinance by rifle. City Attorney Tim McMahan introduced the ordinance, and noted it as a "housekeeping" matter requested by the Police Department. 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 Shoulberg and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Jenks made a motion that the Council adopt Ordinance 2546 which was seconded by Councilmember Shoulberg and passed unanimously by roll call vote after a brief discussion. ORDINANCE NO. 2547 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND REPLACING PORT TOWNSEND MUNICIPAL CODE CHAPTER 8.04, ANIMAL CONTROL, SECTIONS 8.04.270 THROUGH 279, AND REPLACING SECTIONS REPEALED WITH NEW SECTIONS 8.04.270, .272, .274, AND .276, TO REGULATE AND CONTROL POTENTIALLY DANGEROUS DOGS, AND AMENDING ARTICLES IV AND V OF CHAPTER 8.04, TO CLARIFY THE ENFORCEMENT AUTHORITY AND RESPONSIBILITY FOR THE CITY'S ANIMAL CONTROL AUTHORITY. Mayor McCulloch read the ordinance. City Attorney Tim McMahan introduced the ordinance. Amendments proposed: Page 7D, second sentence and in following references, remove "of the declaration." Page 16, paragraph 1 last line, change "he" to "he/she". 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 Jenks and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Harpole made a motion that the Council adopt Ordinance No. 2547 as amended which was seconded by Councilmember Keith and passed unanimously by roll call vote. PUBLIC COMMENT Mr. Doug Simpson presented the Haines Street Project. He noted it as a Public/Private venture and requested the $1633.46 building permit fees be waived. He stated the cottages will be worked on four at a time, and requested someone spearhead the City's volunteer efforts. MOTION SECOND VOTE Shoulberg Building permit fees and plan review fees in the amount of $1633.46 will be waived for the Haines Street Community Action Council project for the poor and infirm. Harpole UNANIMOUS approval COUNCILMEMBERS GENERAL DISCUSSION Haines project Street Cottage Adoption Project. (See Public Comment) Councilmember Harpole said Council is supportive. The Mayor asked staff to explain the and solicit anyone interested in volunteering as coordinator for the City. Closed Record Hearing Process Councilmember Jenks asked about the regulatory reform time line. Mr. McMahan said the law states the whole process is to be completed within 120 days. If Council feels all issues were not adequately addressed by the Planning Commission, according to the Findings & Conclusions, minutes, file and tape recordings, Council could remand back to the Planning Commission to develop those facts; however the clock does not stop during this process. Discussion ensued. Councilmember Jenks said she would like tape recordings of the hearing to be part of the record. Mr. McMahan noted this could be problematic if it resulted in some Councilmembers having more information than others. He also recommended Councilmembers examine the public record only after recommendations and fact finding by the Planning Commission. Discussion ensued regarding process of tape availability, indexing the tape and playback capability. Councilmember Camfield asked about the article in the Legislative Bulletin about the Hotel/Motel tax. Mayor McCulloch agreed Councilmembers should have a copy. Councilmember Jenks requested appropriate resource materials from BCD; for example Gateway Plan, and other relevant documents. She requested a list from the Building and Community Development Department of such documents. EXECUTIVE SESSION Mayor McCulloch recessed the meeting into Executive Session to discuss personnel matters and pending or potential litigation including Tim McMahan, Bob Wheeler, Michael Hildt, and Jim Newton. The meeting was reconvened at 11:32 p.m. ADJOURNMENT There being no further business, at 11:32 p.m., Mayor McCulloch adjourned the meeting. Attest: Pamela Kolacy City Clerk