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HomeMy WebLinkAbout07/20/1992 42 MINUTES OF THE SPECIAL SESSION OF JULY 15, 1992, Cont. changes in the last ten years in terms of flooding and watE:!r run- off problems from big storms. This ordinance goes a long way toward protecting the system that has been here for at least ten thousand years and could last a while longer if we prote!ct the wetlands, drainage, and tree cover. Doug Mason was recognized and stated that his property is in an environmentally sensitive area, understands why the ordinance has the provisions that it has and how it is going to affect his property and is glad that the city is doing what it is doing because there are important qualities about his property that need to be regulated and protected. Kathleen Mitchell was recognized, thanked everyone for the process of this ordinance and commented that the maps are to be used for guidelines only; it is important to make a commitment to protect critical wildlife habitat, wetlands and water quality; and this ordinance is how it can be done; and thinks that this ordinance and the Growth Management Act are not a takings, just a means 1:0 have appropriate development and is a good starting point. David Wren was recognized and admitted that his previous statement was harsh and explained his reaction to mistakes even though he has been assured that he is really not in the environmentally sensitive area and that it is just a little error; his life, for many years, has been ruined by "little errors" and he reacts very strongly to them and stated that this law is too rough and has no "give" in it. Doug Lamy was recognized and stated that he sees the need for an advocacy instead of an adversarial relationship with city hall. There being no further testimony, Mayor Clise closed the hearing to the Public. ADJOURNMENT There being no further coming and expressing adjourned at 9:51 PM. everyone for the meeting Attest: A4~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JULY 20, 1992 The City Counci 1 of the City of Port Townsend met in regular session this Twentieth day of July, 1992, at 7: 00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Also present were Clerk-Treasurer David GrovE:!, City Attorney Dennis McLerran, City Planner Rick Sepler, PolicE~ Chief Jim Newton and Public Works Director Robert Wheeler. I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 20,1992, Cont. INTRODUCTION Mayor Clise introduced Shirley Beard, a new member of the Tree and Brushing Committee representing the Port Townsend Garden Club. PUBLIC COMMENTS Helen Cotton was recognized and listed her comments: she s1:rongly objects to a garbage rate increase; urged no more city park developments - take care of what we already have; no beach walk development - it is not needed; no bicycle paths on the S-Gurve - would be extremely dangerous and costly, 19th Street can bE:! used; Street drainage is needed near the Post Office and on Cass street. John Ebner was recognized and thanked the Mayor for prompt action on his earlier complaint regarding his water meter. Mr Ebner suggested that utility bill be bi-monthly as long as the metiers are read that way. Mayor Clise responded that the water meters are going to be read on a monthly basis at least during the summer. Bill Nelson was recognized and stated that the water and sewer rates are a regressive tax against children - the money will have to come out of teeth, food, and clothing budgets. CONSENT AGENDA Councilmember Jones made a motion to approve the following i-tems on the Consent Agenda which was seconded by Counci lmember SoJcol and passed unanimously by voice vote. Approval of the following Bills and Claims: $ 98,312.64 209.95 39.95 47,560.52 1,534.22 1,221.39 25,000.00 486,992.07 5,423.01 99,294.11 16,466.24 6,051.37 246.28 $ 788,351.75 Current Expense Street Library Park Arterial Street Emergency Medical Services Community Development Block Grant 92 Waste Water Treatment Plant Const Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Setting Hearings: Variance Request from Elizabeth Berman for 8-3-9:2 Adoption of Resolution: RESOLUTION 92-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A WATER LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. T I R Construction has agreed to construct a 6 -inch water line in G Street between Cherry and Rose streets within the service area of the City of Port Townsend. 43 44 MINUTES OF THE REGULAR SESSION OF JULY 20,1992, Cont. communications: A letter dated April 28,1992, from Michael Hildt, Director, Planning and Building Department, to Lloyd Cahoon, Acting Manager, Port of Port Townsend, affirming that he will ask Council to continue the Street Vacation Application Request 9202-05 until August 17, 1992, was copied for Council. An Environmental Checklist dated July 1, 1992, from Dave Robison, Planner, for the Environmentally Sensi ti ve Areas Ordinance was copied for Council and referred to the Legislative/Environmental Committee. A memorandum dated July 2,1992, from Pete Busk stating his belief that it is unfair to relate sewer rates to water use age was copied for Council and referred to the Water/Sewer Committee. A note dated July 2, 1992, from Judie Woerner protesting the utility rates and proposed garbage rate increase was copied for Council and referred to the Public Hearing. A letter of complaint dated July 3,1992, from Jane A Minish on the utility rates was copied for Council and referred to the Water/ Sewer Committee. A memorandum dated July 5 ¡ 1992, from Peter Badame and Monica Macquire requesting priority repair and repaving of E street in the 6 year transportation improvement plan was copied for Council and referred to the Street/Storm Drainage/Light Committee. A memorandum dated July 7, 1992, from J D Guiher, demanding immediate resignation from office of all elected and appointed officials because of actions taken on utility rates and other regulations was copied for Council. A letter dated July 7,1992, from Kathryn Jenks and Jeneen Hayden to Don Bales, Shorelands and Coastal Zone Management Program, Department of Ecology, stating their concerns on the Bay vista II condominium project was copied for Council. A memorandum dated July 9, 1992, from Kathryn Jenks stating her concerns on Draft 8, Environmentally Sensitive Areas Ordinance was copied for Council and referred to the Public Hearing. A letter dated July 9, 1992, from Donald E DuBose, Chairman, Marketing Committee, Port Townsend Chamber of Commerce, requesting funding for insertion of their advertisement in the 1992 edition of "Destination Washington" was copied for Council and referred to the Finance Committee. A letter dated July 10,1992, from David A Grove to John C Ebner in response to his request for adjustment on his utility bill was copied for Council. A letter dated July 10,1992, from Charles Peace, Control Officer, Olympic Air Pollution Control Authority, as notification that the City's contribution for calendar year 1993 to the Olympic Air Pollution Control Authority is $2,422 was copied for Council. A letter dated July 10,1992, from A C Morgan, Facilities Planning Manager, Division of Property Development, Washington State Department of General Administration, stating that the Department of Agriculture has declared certain property surplus was copied for Council and referred to the Parks/Property Committee. A letter dated July 10,1992, from Dennis McLerran, City Attorney, to Mr Robert J Roth, R J Roth Management, Inc, stating that he has I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 20, 1992, Cont. been asked to begin enforcement proceedings regarding the sign code violations present at McDonald's Port Townsend location was copied for Council. A letter dated July 13,1992, from Dennis McLerran, City Attorney, to Mr Erwin P Jones, Jr, responding to his comment letter of July 6, 1992, on the Comprehensive Public Access Plan was copic~d for Council and referred to the Public Hearing. A letter dated July 14", 1992, from Doug Simpson, President, Jefferson County Homebuilders Association, commenting on draft #8 of the Environmental Sensitive Area Ordinance was copiE:d for Council and referred to the Public Hearing. A letter dated July 14,1992, from Homer S Smith, Jr, commenting on the Bonding Requirements, Environmentally Sensitive Area Ordinance working draft #8 was copied for Council and referred to the Public Hearing. A letter dated July 15, 1992, from Michael Hildt, Director, Planning and Building Department, to Arnel Boeh, urging him to apply for a parking variance for his fish market was copied for Council. A letter dated July 15, 1992, from John M Clise, Mayor, to David Goldsmith, Community Services Director, Jefferson County, stating his concerns for delay in the Countywide Planning Policy Process was copied for Council. A letter dated July 16,1992, from Dennis McLerran, City Attorney, to Robert Maulding, conf irming settlement of the City's case against the Richmond's regarding the hedge on their property was copied for Council. This concludes the Consent Agenda. PUBLIC HEARINGS Garbage Rate Increase. Councilmember Westerman gave an overview of the last two and a half years and the changes in dealing with garbage and recycling during this time. Councilmember Westerman then explained the process required of the City for water filtration avoidance, the requirement of Washington State to build the sewer treatment plant currently in progress and stated that this whole transition period has been very difficult for eVE!ryone. Ms Westerman also stated that Jefferson County has held off charging the extra tipping fee as long as possible, are facE~d with the closure of the landfill at the end of this year and cleaning up of the black lagoon, updating the solid waste management plan, and are working on the question of where our garbage will go aft:er the end of the year. Molly Pearson, Recycling Coordinat()r for Jefferson County Public Works, was recognized and reported on the recycling programs for the last four years. The true cost of recycling any material is about $160 per ton of which $3 per ton for glass and $55 per ton of cardboard is recovered. The $160 per ton is presently double the present tipping fee at the landfall. Ms Pearson stated that she is here to support the propose:d rate schedule. Mayor Clise opened the hearing for questions for clarification. Peter Allen was recognized and questioned the recycling of plastic bottles and aluminum and tin cans. Ms Pearson responded that these items are being recycled: aluminum cans bring $700 ton, plastic bottles #1 bring $160 ton (which takes about a year to collect), tin brings $50 a long ton, newspaper brings $47 a ton but the price has just dropped. Councilmember McCulloch questioned the market for mixed waste paper. Ms Pearson responded that it is about $5 to $10 per ton and that high grade paper (white bond) is about $110 per ton. Patti Sullivan questioned what the transfer stations in Quilcene and Port Hadlock are paying. Ms Pearson responded that that information is available although she 45 46 MINUTES OF THE REGULAR SESSION OF JULY 20, 1992, Cont. does not have it. Mayor Clise opened the hearing to the Public. Gertrude Tjemsland was recognized stated that she feels that she is being singled out for the increases because she is not eligible for the senior citizen rate and that she could reduce her garbage to zero but it would not reduce her bill. Ms Tjemsland also stated that our water does not need to be filtered and that we should look at how much should be filtered and how much should be purified. Mike Smith, owner of several rentals, was recognized stated that continued utility bill increases also raise the rents in a town where most people can not afford the rents as it is now. Mr Smith also stated that only things that can be sold should be recycled. John Ebner, representing The Printery, was recognized and commented that garbage and recycling are linked and urged Council to be mindful of garbage rates and recycling costs and wanted to know why he should bother to recycle if it is not going to produce enough revenue to pay the expense and requested more information. Nancy Wiltse was recognized and stated that people on limited income are having a hard time, and that there are many who are going to stop recycling and throw everything in the garbage can. Councilmember Westerman confirmed that there is a low income senior citizen discount available for water and sewer. John Prior was recognized and spoke in support of the downtown commercial recycling program and thanked Council for putting this program together. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to the council for disposition. Mr Grove clarified that the rate increase proposed is for the tipping fee to the landfill that is paid by the City and that the contract with Superior Refuse does not include this fee. Also, if the tipping fee is not paid, the County can tell us to go someplace else with the garbage. Councilmember Westerman stated that a residential customer is not charged for recycling - the less garbage created, the less the monthly bill will be and then explained the proposed rate structure. John Ebner questioned the size of the container allowed. It was confirmed that a 30 gallon container is the limit that can be allowed and that larger containers have not been discussed. Councilmember Wolpin responded that a larger city such as Phoenix can spread the costs over more people and that we have proportionately far less people to pay, thus each individual pays more. The City is working on developing a composting/sludge facility at the landfill that will enable us to incorporate yard waste and, hopefull y , paper waste in the composting process. Councilmember Jones stated that he will be voting against the raise in support of fixed income 'citizens. A discussion of collection fees, costs of commercial curbside recycling, fiscal responsibility regarding rates, the difficulty of commercial recycling and the difference between residential and commercial rates ensued. ORDINANCE NO 2308 AN ORDINANCE AMENDING ORDINANCE NO 1138 AS AMENDED BY ORDINANCES 1347,1425,1656, 1737, 1875, 2044, 2108, 2165 AND 2221, ADJUSTING GARBAGE RATES, AMENDING SECTION 6.04 OF THE PORT TOWNSEND MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember McCulloch and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Jones voting against the motion. Mr Grove again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No 2308 which was seconded by Councilmember Westerman. After brief clarifications and a question from Helen Cotton on how often the garbage contract is renewed, the motion passed by roll call vote with six Councilmembers voting in the affirmative and Councilmember Jones voting against the motion. I I I MINUTES OF THE REGULAR SESSION OF JULY 20, 1992, Cont. 41 I I I RECESS Mayor Clise declared a recess at 8:23 PM. at 8:25 PM. The meeting reconvened PUBLIC HEARINGS Transportation Improvement Program. Mr Wheeler explainled the proposed Transportation Improvement Program (TIP) for 1992 modifications and for 1993-98. Councilmember Jones stated that the Street/storm Drainage/Light Committee recommends passage of this resolution. Mayor Clise opened the hearing to the Public. Gaither Baker, speaking for himself and his neighbors, was recogni:¡~ed and requested that Peary Avenue between Cook and steve Streets be included in the 6 year improvement program. Mr Wheeler responded that intention of this program is not to pave gravel streets. The problem with Peary is that it was not built to any standard, is steep and does not have a solid surface. Mr Wheeler recoI~ended the formation of a local improvement district to bring the street up to street standards so the City can take on regular maintE~nance. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. 1~ brief discussion of gravel streets and work done by the Doll Estate ensued. RESOLUTION NO 92-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT THE 1992 TRANSPORTATION IMPROVEMENT PLAN AND THE 1993-1998 SIX YEAR TIP. Councilmember Jones made a motion that the Council adopt Resolution No 92-80 which was seconded by Councilmember McCulloch. ,~fter a brief discussion, the motion passed unanimously by voice vote. Port of Port Townsend Street Vacation Request. CouncilmembeÅ“ Jones made a motion to continue the Public Hearing on the Port of Port Townsend Street Vacation Application to August 17,1992, which was seconded by Councilmember Owsley and passed unanimously by voice vote. Rosewind Planned Unit Development. Councilmember Camfield stated that she will be working with the School District which is interested in property in the neighborhood and therefore will abstain. Councilmember Wolpin stated that she has property in thE! area and that she will abstain if there are any objections: to her taking part in this hearing. Ed Stanton was recogni:2:ed and objected to Councilmember Wolpin taking part as it may affect her property and requested that Ms Wolpin not take part. RECESS Mayor Clise declared a three minute break for Mr McLerran to confer with Ms Wolpin and for a map to be posted at 8:57 PM. The meeting reconvened at 9:00 PM. PUBLIC HEARING CONTINUED Councilmembers Camfield and Wolpin left the chambers. Mr Sepler reviewed the materials for the Rosewind Planned Unit DevEÜopment and street vacations. Mr McLerran addressed 1) the property use and development agreement and phasing of street improvements; and 2) the commercial use provisions of the Planned Uni t DevE~lopment Ordinance. In answer to a question about the Home Occupation Ordinance, Mr Sepler confirmed that the ordinance would have to be amended in order to allow the business outside of a home. Jim Rogers was recognized and gave the history and described the project and stated that they wish to live in a creative, true 4g MINUTES OF THE REGULAR SESSION OF JULY 20, 1992,~n~. neighborhood with a "village" sense 1:ree of cars with a mixture of various incomes within the project. Lynn Nadeau was recognized and stated that this is a non-profit development; they have attempted to please their neighbors; and presented letters from Ann and Jim Biedel, Sam and Ingra Hill, Paul Bonyan, and Nancy Gray favoring the project. Ms Nadeau then noted that they have some revisions: 1) they are withdrawing requests for dedicq.tions labeled C and G, 2) explained the home occupation provision and requested the following addition to the range of pròposed activities on the top of page 9. "in addition, the retail of arts and crafts created by Rosewind residents on the Rosewind site shall be allowed", 3) they would take the second recommendation on Page 10, item 7, 4) have proposed modifications on Page 11" for property wi thin the site that does not abut the "rest of the world". . Mayor Clise opened the hearing to the Public. Boh McDole!, was recognized and spoke in support of the development and lik~d the idea of the open area. John Barr was recognized and spoke inifavor of the proposal. Thelma costain was recognized and read a ~etter from her husband Bob costain opposing the project stating co~cerns of residents on 35th Street, citing increased traffic by over 100%, dust, noise, exhaust fumes and danger to children by incIteased traffic on 35th Street - normal development would use ex~sting platted street for access and would have little effect on! 35th street. The letter questioned the wisdom of the street vacations, public use of pathways on utility easements, property taxes on the common areas, and suggested al ternati ve routes for ingress and egress. Ed stanton was recognized and opposed the project s~ating that there have been changes made at each meeting he as at~ended and that his biggest concern is property values. Mr stanton presented a copy of covenants, conditions and restrictions (qC&Rs) from Sunrise Hills on Whidbey Island for consideration and pictures of homes he does not want to see built on the Rosewind proper~y and questioned their intent to build to code regarding lot size, height restrictions, etc. councilmember Westerman questioned the location of the homes in the pictures and the sale price of Mr Stanton's houses. Mr stanton replied that he took the pictures as samples of what he does not want to see in the development, some of whiqh are in the neighborhood and that one of his homes will sell for $90,000 and the other two for about $120,000. Bob Clouse, who owns property in the neighborhood with his son, was recognized and ¡spoke in opposition stating that no one has contacted him regarding this project, and stating his concerns that streets are being trad~d for paths and that his fences have been cut and fruit :trees transplanted without any notification. Doug Milholland was recognized, stated that this particular area is unique in; Port Townsend, very few of the platted streets are aligned to go through, the idea of the project is to preserve open space as much as possible to allow the public access through the land if} the future, the density of the project is 3 to 4 families per ~cre, streets to meet city standards, provide public services and ~reate a safe place for children, and creates a chance to garden cooperatively. Mr Milholland also stated that they hope that the property values in the neighborhood will be guarded and inc~ease; the entire drainage basin now has a comprehensive drainage ¡plan; all of the lots in the project including the closest neighbors have access to sewer lines; and streets will be paved at the expense of the lot owners. Mr Milholland responded to concerns voiced tonight regarding the use and paving of 35th Street and a parallel pathway; stated that pettygrove Street will be put in; stated that tney to not wish to create an eyesore but something of great valuß and believes that the covenants, conditións and restrictions promote this. Ed stanton requested a point of clarification stating that there are laws against discrimination about who can buy property in covenants, conditions and restrictions and wishes to see restrictions to make it a nice development. I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 20,1992, Cont. There being no further testimony, Mayor Clise closed the hearing to the public and turned to the Council for disposition. },fter"a lengthy discussion of the development of 35th Street, 50' towers for solar access, home occupations and the commercial space, retailing activity and parking, the multifamily housing uni-ts, the property use and development agreement, open space protection, fire safety concerns, future vacation of 33rd Street and use of the end of it for parking space, parking pockets, and use of the pathways during daylight hours only. Mayor Clise noted that because it is now past eleven o"clock, Council should get their questions asked if their intention is to continue the discussion to another meeting. The use of covE~nants, condi tions and restrictions, tax classification for the common areas as open space, wri tten questions were discussed. Councilmember Jones made a motion that the Council continue the discussion on the Rosewind Planned Unit Development hearing to the Councilmeeting on August 17, 1992, which was seconded by Councilmember Owsley and passed unanimously by voice vote. Councilmembers Wolpin and Camfield returned to the chambers. NEW BUSINESS Ordinance Authorizing Loan to City Dock Fund. ORDINANCE NO 2309 AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF $100,000 FROM THE STORM AND SURFACE WATER FUND TO THE 1992 CITY DOCK RE-CONSTRUCTION FUND AND PROVIDING FOR REPAYMENT. Mr Grove read the ordinance by title. Councilmember Westerman made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Sokol and passed unanimously by voice vote. Mr Grove again rE!ad the ordinance by title. Councilmember Westerman made a motion that the Council adopt Ordinance No 2309 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. COMMITTEE REPORTS/STAFF REPORTS Legislative/Environmental. Councilmember Wolpin made a motion that the Council make a determination of non-significance for the environmental checklist for the Environmentally SensitivE! Areas Ordinance Checklist which was seconded by Councilmember Camfield and passed unanimously by voice vote. Police/Fire/Animal Control. Councilmember Sokol set a meeting of the Committee for July 27,1992, at 5:00 PM. Water/Sewer. Councilmember McCulloch canceled the meeting :set for July 22,1992, and rescheduled a meeting of the Committee for July 28, 1992, at 5:00 PM at the Public Works Department. Parks/Property. Councilmember Camfield set a meeting of the Committee for July 29, 1992, to discuss the Carousel and Historic Preservation Commission at 5:00 PM. Legislative/Environmental. Councilmember Wolpin set a mee1ting of the Committee for July 30, 1992, at 5:00 PM, to discuss th43 State Environmental Policy Act checklists for the Enerson Shortplat and for the Carlson/Bramhall Community Action proposal. 49 50 MINUTES OF THE REGULAR SESSION OF JULY 20,1992, Cont. EXECUTIVE SES8ION Mayor Clise recessed the meeting into E~ecutive.session to discu~s the acquisition of real estate includ¡ng Denn1s McLerran, Da~1d Grove, Michael Hildt and Robert Wheeler at 11:34 PM. The meet1ng was reconvened at 11:49 PM. ADJOURNMENT There being no further adjourned at 11:49 PM. . Attest: M~ ClerK-Treasurer MINUTES OF THE REGULAR SESSION OF AUGUST 3,1992 The City Council of the City of Port Townsend met in regular session this Third day of August, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Director of Planning and Building Michael Hildt, Assistant Planner Darlene Bloomfield and Public Works Director Robert Wheeler. PROCLAMATION Mayor Clise proclaimed August 15, 1992, as Farmer's Market Day. PUBLIC COMMENTS Dorothy Callaway was recognized and stated her belief that the sewage rate is too high and requested a better way to raise funds. John Ebner was recognized requested the meter reading date be printed on the water bill, questioned what is being done about problems with the meter readings, and requested more communication from the utility department. >. Gertrude Tjemsland was recognized and stated that Public Hearings are not "public hearings" because there is no debate on the matters; talk of closing Fort Worden and extreme fines for the paper mill is a crises; statements that rate payers pay for what they use is not correct; reported that statements for resignations, recall, and suggestions that utility bills not be paid, and others have heen made and stated her belief that there are other ways for these utility expenses to be met; and then requested that a drop box be installed for the collection of payments. Joyce Cox-Webb was recognized and reported that she has finally gotten her insurance policy as required for her sandwich board but that her premium has been doubled. Ms Cox-Webb then explained some I I I