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HomeMy WebLinkAbout03/21/1994 I I I MINUTES OF THE REGULAR SESSION OF MARCH 7, 1994, Cont,. ORDINANCE NO 2397 AN ORDINANCE AMENDING THE 1994 CAPITAL IMPROVEMENTS PROGRAM TO INCLUDE THE ACQUISITION OF A PREFABRICATED/MOBILE SERVICE BUILDING. Ms Franz 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 Shoulberg and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember Westerman made a motion that the Council adopt Ordinance No 2397 which was seconded by Councilmember Shoulberg and passed unanimously by roll call vote. Revision to Shoreline Substantial Development Permit No 9304-09 - Port of Port Townsend. Mr Robison explained the revision to Shoreline Substantial Development Permit No 9304-09. Councilmember Sokol made a motion that the Council approve the revision to Shoreline Substantial Development Permit No 9304-09 which was seconded by Councilmember Shoulberg and passed unanimously by voice vote after a brief discussion. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to d~scuss pending or threatened litigation including Dennis McLerran, and Robert Wheeler at 10:29 PM. The meeting was reconvened a1: 11:08 PM. ADJOURNMENT There being no further adjourned at 11:09 PM. Attest: Mayor lise declared the meeting . M~ Clerk- reasurer MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994 The City Council of the City of Port Townsend met in regular session this Twenty-first day of March, 1994, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presidinçr. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Dan Harpole, Julie McCulloch, Diane Perry-Thompson, Ted Shoulberg, Robert Sokol, and Sheila Westerman. Also present were Clerk- Treasurer David Grove, Police Chief Jim Newton, City At:torney Dennis McLerran, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. CONSENT AGENDA Councilmember Westerman made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Sokol and passed unanimously by voice vote. 541 542 MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994, Cont. Approval of the following Bills and Claims: 010 Current Expense $ 17,597.20 094 Garbage 30,169.70 110 Street 2,931.54 130 Park 243.37 170 Emergency Medical Services 397.84 302 94 Storm -Master Plan Imp 18.35 I 307 94 Storm Geographical Info Sys 74.81 309 94 Stormwater Master Plan 109.00 311 94 WWT Biosolids Compost Facility 112.99 312 94 WWT Treatment Plant Comp 8,786.15 314 94 WWC Sewer Trunk Line Rep 3,130.52 317 94 WWC Undesignated Projects 132.07 318 94 WWC Geographical Info Sys 74.82 330 93 Water Quality Improvements 10,549.71 331 94 Water System -Tri Area CT Comp 1,283.64 334 94 Water System -Trans Tri Area 1,880.07 335 94 Water System -City CT Compliance 14,151.45 411 Water-Sewer 25,241.40 412 Storm and Surface Water 15,038.92 500 Equipment Rental 3,554.02 610 Firemen's Pension and Relief 296.50 Total $ 135,774.07 Approval of Appointments: Dana Roberts and Jane Peterson to the Tree and Brushing Work Group Adoption of Resolutions: RESOLUTION NO 94-44 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. Street Vacation Application No 9403-03 to vacate E Street between Redwood Street and Ash Street. RESOLUTION NO 94-45 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES CONTRACT WITH THOMAS C STOWE FOR REAL PROPERTY APPRAISAL SERVICES. RESOLUTION NO 94-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Craig Johnson has constructed or caused to be constructed 6-inch water line in Kuhn Street within the service area òf the city of Port Townsend. I RESOLUTION NO 94-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Tom O'Meara has constructed or caused to be constructed 6-inch water line in Thomas Street within the service area of the City of Port Townsend. I I I MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994" Cont. Communications: A letter dated March 1, 1994, from K Robert Henderson" Treasurer, Rhododendron Festival Association, to the Jefferson County Board of Commissioners proposing that Funtastic Carnival be allowed to place the entire Carnival in Memorial Field was copied for Council. A letter dated March 2, 1994, from Marnie Frederickson, project Director, Port Townsend Public Library, thanking Council for their support for the grant proposal submitted by the Port Townsend Library was copied for Council. A letter dated March 2,1994, from Michael D Atkins, Ph D, Director of Solid Waste Management, Skookum, listing items they would be pleased to see added to the City's curbside recycling program was copied for Council. A letter dated March 3, 1994, from Keith Jackson stating his dissatisfaction with the performance of Superior Refuse, Inc was copied for Council. A letter dated March 7, 1994, from Beverly KeffeÅ“, Property Manager, Kyle Development Company, Inc, disputing the garbage charges for the Mount Baker Block Building was copied for Council and referred to the Community Services Committee. A letter dated March 8, 1994, from Robert Hinton, Chairman, Jefferson County Board of County Commissioners, stating that the Board of Commissioners is concerned about the City's recent decision to challenge the validity of the Interim Urban Growth Area Ordinance was copied for Council. A memorandum dated March 10, 1994, from Al Boucher to t:he Jefferson County Board of Commissioners responding to their request for the situation pertaining to the role and authority of the City of Port Townsend with respect to the provision of surface and groundwater for the Tri-Area was copied for Council and referred to the Utilities Committee. A letter dated March 10, 1994, from Steve Crosby stating his concerns with impact fees was copied for Council and referred to the Utilities Committee. This concludes the Consent Agenda. INTRODUCTIONS AND/OR RECOGNITIONS Mayor Clise introduced Dana Roberts, new member of the Tree and Brushing Work Group. COMPREHENSIVE PLAN COMMITTEE REPORTS Comprehensive Plan Community Direction Statement. C:ouncilmember Davidson reported that the kickoff meeting was held on March 16, 1994, which was attended by six Councilmembers, Michael Hildt, Dave Robison and about 25 citizens. The next meeting is scheduled for March 23,1994, at 7:00 PM in the Council Chambers. Land Use Develoþment Committee. Councilmember Davidson reported that there is a meeting of the Committee scheduled for March 22, 1994, at 2:00 PM. 543 544 MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994, Cont. STANDING/ADHOC COMMITTEE REPORTS Finance Committee. Councilmember McCulloch explained a draft budget preparation calendar that has been recommended by the Committee. After a brief discussion including Mr Grove, council- member McCulloch made a motion that the Council adopt the proposed 1995 Budget Calendar which was seconded by Councilmember Harpole and passed unanimously by voice vote. Councilmember McCulloch reported that the Committee discussed a funding request from the Fire Department and the professional service contract policies. Tourism Coordinating Council (TCC). Councilmember McCulloch reported that the Jefferson County Commissioners voted to dissolve the Tourism Coordinating Council and to allow the County represent- atives to form their own group. The City representatives had stated that they felt that it had been a good faith effort and that the TCC had functioned with full City support. Councilmember McCulloch requested that Sheri Robison, Main Street, give a report on a proposal from the remaining Port Townsend group that wished to stay together, which she did. Transportation. Councilmember Westerman set a meeting of the Committee for April 18,1994, at 12:00 PM at City Hall for a staff update and a tour. Public Safety. Councilmember Sokol reported that the Committee held an organizational meeting with Fire Chief Scott, Assistant Fire Chief Aumock and Police Chief Newton to discuss general issues that come before the Committee. Councilmember Sokol set a meeting of the Committee for April 18, 1994, at 11:00 AM in the Council Chambers to discuss public safety and capital facilities as it relates to the Comprehensive Plan. Parks & Property. Councilmember Harpole reported that the Committee met and discussed the Sofie property trade, had a presentation on the current trails (inventory) in Port Townsend and how they will work in the Comprehensive Plan, discussed union Wharf issues and another draft of the rates proposed for Marine Park Community Building. Councilmember Harpole announced a meeting of the Committee for March 22,1994, at 12:00 PM, to discuss the Marine Park Community Building rates, help the Parks and Recreation Commission prioritize their task~ for this year, and to appoint someone from the city commission to serve on the Jefferson county committee to study the elements for the new Larry Scott Memorial Park. Councilmember Harpole also reported that he, Councilmember Davidson and Mr Wheeler had met with Mike Early, Manager of the Golf Course, and discussed a schedule for pesticides and herbicides to be used on the Golf Course, survey and signage for the prairie Grass preserve, the parking lot maintenance, the pond and water use. Finance. Councilmember McCulloch set a meeting of the Committee for March 31,1994, at 12:00 PM for a study session and to hear the recommendation from the tourism group. Water Advisory. Councilmember McCulloch also noted a Water Advisory Committee meeting set for 2:00 PM on March 31, 1994. MAYOR'S REPORT Proclamation. Mayor Clise American Diabetes Alert Day. proclaimed March 1994, to be 22, I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994, Cont. Mayor Clise reported that Senator Gorton will be in Port Townsend in the afternoon of March 29, 1994, to discuss the Safe Drinking Water Act and would like to meet with anyone who is interested. Mayor Clise announced a Rivers Council of Washington Conference at the Seattle Center on April 1 & 2,1994, and a Wetlands Conference/ Workshop sponsored by the Audubon Society on April 9, 1994, in Port Townsend. Mayor Clise reported on a preliminary report of recommendations made by a committee composed of members from the Associat,ion of Washington cities, Association of Washington Counties on the Health Act that was passed last year by the State Legislature. ' STAFF REPORTS Public Works. Mr Wheeler gave an update on the sewer line extension contract with Dan Yesberger. RESOLUTION NO 94-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE INTERLOCAL AGREEMENT REGARDING CONSTRUCTION OF SEWER FACILITIES WITH PORT TOWNSEND SCHOOL DISTRICT NO 50 FOR THE PURPOSES OF COORDINATING THE DESIGN A,ND CONSTRUCTION OF PORTIONS OF YESBERGER.' S PROPOSED SEWER LINE EXTENSION. Councilmember Westerman made a motion that the Council adopt Resolution No 94-37 which was seconded by Councilmember Sokol. See vote taken later on the agenda. Mr Wheeler reported that the washington State DE!partment of Transportation may start advertising the Kearney StreE~t project on April 18,1994. Mr Wheeler announced a pre-construction conferenc:e/par1:nering workshop on the standpipe project on March 24, 1994, from 9:00 AM to 1:30 PM at the Public Works office. Mr Wheeler reported that information on the Chelan project has been summarized in the Council packets. The Water Advisory Committee and any interested Councilmembers will be meeting on March 31, 1994, to start the process for a June authorization from Council. Mr Wheeler noted the memorandum/report dated March 10, 1994, from Al Boucher and read the views of the City and County as he stated them. City Attorney. Mr McLerran reported that litigation continues to take most of his time and that there will be a written ruling within 30 days from the Thurston County Court on boundary determinations in the Shoreline Amendments. Mr McLerran stated that he will be filing summary judgement motions on 4 different issues within the next two weeks which will also be heard by the Thurston County Court. Mr McLerran also reported they have been putting -together the Growth Planning Hearings Board appeal regarding the interim urban growth area boundaries and other associated issues and that the Mayor will be responding to a letter from the County requesting a session where City/County differences can be discussed. Further discussions with the Growth Management Steering Committee will be held while the appeal is pending. Planning & Building. Mr Hildt gave a brief report on the progress on accessory rental units and an Association of Washington cities 545 546 MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994, Cont. Workshop on the subject attended by himself, Councilmember perry- Thompson and Planning Commission Member Karen Erickson. A brief discussion of transient units and affordable housing units ensued. Mr Hildt announced a meeting of the Planning Commission on April 21,1994, to finish this phase and give direction to Mr Hildt. A brief discussion ensued. PUBLIC COMMENTS/QUESTIONS Mayor Clise opened the meeting for public comments or questions. There being none, Mayor Clise closed the public comment portion of the meeting. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS The motion to adopt Resolution No 94-37 which was made by Council- member Westerman passed unanimously by voice vote. UNFINISHED BUSINESS Towne Point Owners Association Amendment to CC&R' s . explained the following resolutions. Mr Hildt RESOLUTION NO 94-38 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR TOWNE POINT ALLOWING A COMBINED CLUBHOUSE AND MANAGEMENT OFFICE, ELIMINATION OF THE REQUIREMENT FOR A SEPARATE MANAGEMENT OFFICE AND A REDUCTION IN THE REQUIRED NUMBER OF TENNIS COURTS FROM THREE COURTS TO ONE COURT. RESOLUTION NO 94-39 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A REQUEST FOR RECONVEYANCE RELEASING A DEED OF TRUST RETAINED AS SECURITY FOR COMPLETION OF THE IMPROVEMENTS AT THE TOWNE POINT PLANNED UNIT DEVELOPMENT. councilmember Sokol made a motion that the Council adopt Resolutions No 94-38 and 94-39 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Resolution Authorizing Interim Agreement w/Chamber of Commerce. RESOLUTION NO 94-40 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERIM AGREEMENT WITH THE CHAMBER OF COMMERCE FOR OPERATION OF THE VISITOR INFORMATION CENTER UNTIL FUNDING RECOM- MENDATIONS CAN BE MADE BY A NEWLY FORMED CITY TOURISM COORDINATING COUNCIL. Councilmember McCulloch explained the resolution and made a motion that the Council adopt Resolution No 94-40 which was seconded by Councilmember Westerman. After discussion, Councilmember Sokol made a motion to amend the motion that the amount in the agreement be $34,000.00 paid in 4 equal payments of $8,500.00 each which was seconded by Councilmember Shoulberg which failed by voice vote with Councilmembers Shoulberg and Sokol voting in the affirmative and I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994, Cont,. five Councilmembers voting against the motion. The original motion the motion passed by voice vote with six Councilmembers vot,ing in the affirmative and Councilmember Sokol voting against the motion. Councilmember McCulloch confirmed that representativE~s from Main street and the Chamber of Commerce can be present at the Finance Committee meeting on March 31, 1994. NEW BUSINESS Resolution Recycling. Authorizing re: cit:y Between Skookum Contract & RESOLUTION NO 94-41 AN AGREEMENT AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SKOOKUM, INC TO PROVIDE RECYCLING EDUCATION SERVICES TO THE COMMUNITY FOR CALENDAR YEAR 1994. Councilmember Perry-Thompson explained the resolution and made a motion that the Council adopt Resolution No 94-41 which was seconded by Councilmember McCulloch and passed unanimously by voice vote after a brief discussion. Ordinance Changing Payment Due Date on B&O Taxes. ORDINANCE NO 2398 AN ORDINANCE RELATED TO THE PAYMENT OF CITY BUSINESS LICENSE FEES AND PAYMENT OF CITY BUSINESS AND OCCUPATION TAXES AMENDING SECTIONS 5.04.280 AND 5.04.320 OF THE PORT TOWNSEND MUNICIPAL CODE TO MODIFY THE DATE ON WHICH QUARTERLY PAYMENTS ARE DUE TO THE END OF MONTH NEXT SUCCEEDING THE END OF THE QUAR'I'ER RATHER THAN THE FIFTEENTH OF THE MONTH Ã.ND ELIMINATING THE CURRENT FIFTEEN DAY GRA.CE PERIOD FOR PENALTIES ON PAYMENT OF B&O TAXES BECAUSE OF THE CHANGE IN PAYMENT DUE DATE. Mr Grove explained the ordinance. After a brief discussion including Mr McLerran, Mr Grove read the ordinance by title. Councilmember Sokol 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 unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Westerman made a motion that the Council adopt Ordinance No 2398 which was seconded by Councilmember Davidson and passed unanimously by roll call vote. Resolution Authorizing the Mayor to Sign an Interlocal Agreement w/Port Angeles to Bid on Various Products. RESOLUTION NO 94-42 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF PORT ANGELES ALLOWING EACH CITY TO UTILIZE THE BIDS OR NEGOTIATED PRICES FOR GOODS AND SERVICES OBTAINED BY EACH WHEN IT IS FAVORABLE TO DO SO. Mr Wheeler explained the resolution. After a brief discussion, Councilmember Davidson made a motion that the Council adopt Resolution No 94-42 which was seconded by Councilmember Sokol and p~ssed unanimously by voice vote. 547 548 MINUTES OF THE REGULAR SESSION OF MARCH 21, 1994, Cont. Resolution Establishing a Command Chain Emergency During an Absence of the Mayor. in the Event of an RESOLUTION NO 94-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A COMMAND CHAIN IN THE EVENT OF AN EMERGENCY DURING AN ABSENCE OF THE MAYOR. Chief Newton explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 94-43 which was seconded by Councilmember Davidson and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember McCulloch reported that she has contacted the High School about getting some students to attend the Comprehensive Plan meeting on March 23,1994, and ongoing student participation in the process. Councilmember Westerman noted the "Action for puget Sound" received from the puget Sound Water Quality Authority and how much she appreciated the issues and information covered by it. Council- member Westerman also stated that this is information that the general public would also appreciate. Councilmember Davidson reported that he and Dave Robison met with Scott Wilson from The Leader after the còmprehensive Plan meeting and appreciated the support of The Leader in helping to get the word out about updating the Comprehensive Plan. Councilmember Harpole reported on a meeting at the Pope Park Building with members from many groups where a discussion of the concept of a kiosk for that area took place. The discussion will be continued on March 25, 1994, at 4: 00 PM in the Pope Park Building and anyone interested is invited to attend. Councilmember Sokol corrected the announcement from the last meeting: the weekends for painting the Pope Marine Building by the Port Townsend Rotary are the 9th and 16th of April rather than the 16th and 23rd. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate including Dennis McLerran, Doug Mason and Robert Wheeler at 8: 35 PM. The meeting was reconvened at 9:17 PM. ADJOURNMENT There being no further adjourned at 9:l7 PM. Clise declared the meeting , Attest: jA ~ Clerk-Treasurer I I I