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HomeMy WebLinkAbout05011995MINUTES OF THE REGULAR SESSION OF MAY 1, 1995 The City Council of the City of Port Townsend met in regular session this First day of May 1995, at 7:00 p.m. in the Council Chambers of City Hall, Mayor John Clise presiding. ROLL CALL Council Members present at Roll Call were Bill Davidson, Dan Harpole, Ted Shoulberg, Bob Sokol, Sheila Westerman, and Diane Perry-Thompson. Also present were City Administrator Michael Hildt, City Attorney Tim McMahan, City Engineer Randy Brackett, Staff Planner Judy Surber, and Community Development Assistant Judy Erlandson. INTRODUCTIONS and/or RECOGNITIONS Mayor John Clise introduced new Arts Commission member Lanie Johnson AGENDA CHANGES or ADDITIONS There were none. CONSENT AGENDA Council Member Davidson made a motion to approve the Consent Agenda as reviewed. The motion was seconded by Council Member Sokol and passed unanimously by voice vote. Approval of Minutes for Continued Session February 21, 1995 and Regular Session March 6, 1995, as written without reading. Approval of the following Bills and Claims. 010 Current Expense 17,114.16 094 Garbage 36,889.55 110 Street 1,317.63 120 Library 3,708.76 130 Park 5,093.09 150 Hotel/Motel 1,350.00 170 EMS 583.08 180 Capital Improvements 4,553.20 301 95 Stormwater Property Acquisition 14,578.25 330 93 Water Quality Improvements 328.70 371 95 San Juan Ave. Improvements 28,780.43 380 Comm. Development Grant 470.41 411 Water/Sewer 51,721.79 412 Storm and Surface Water 4,826.01 416 1956 SPCL Water Bd. Res. 5,350.00 500 Equipment Rental 59,768.67 610 Firemen's Pension and Relief 507.22 Total $ 236,940.95 Approval of Appointments: Carol Stabile to Arts Commission until February 1, 1998. Yvonne Pepin to Arts Commission until February 1, 1998. Barbara Marseille to Historic Preservation Commission until December 31, 1997. Russ Hoover to Civil Service Commission until December 31, 1997. Public Hearing Reschedule: Union Wharf from May 1, 1995 to May 15, 1995. Approval of Resolutions: Accepting Bid on Wash Pad RESOLUTION NO. 95-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING SPECIALTIES BUILDING AND DEVELOPING TO BE THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER FOR CONSTRUCTION OF A WASH PAD AND EQUIPMENT OUTBUILDING AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AWARDING THE BID TO SPECIALITIES BUILDING AND DEVEI.OPING OF PORT ANGELES, WASHINGTON. Communications: A letter dated April 18, 1995, from Michael Hildt, City Administrator, to Dick and Lynn Bumgamer, in response to their letter dated April 9, 1995, regarding garbage collection services. Copied to Council for information. A letter dated April 21, 1995 from Paul Mcllrath, Jefferson County Deputy Prosecuting Attorney, to City Attorney Tim McMahn, confirming the extension of the deadline for adoption of the County's Critical Areas Ordinance, from April 24 to May 22, 1995. 2 Richard h~au~tated that people in the community are meeting to raise money for the Thomas'Oit~te, and he hopes to meet with staff soon to coordinate public and private fund raising efforts. If council members or the mayor have any suggestions, please let him know. Michael Fel.ber offered his opinion that the commUnity does not want Kur Orr, and he believes this development would change the atmosphere of the area, regardless of what the developers claim. Mr. Felber commends the City Council for their position on purchase of the site. Michael Hildt read a letter from Ginger White to Sheila Westerman dated May 1, 1995. Ms. White stated her support of the purchase of the Thomas Oil site, that it is her belief the property should be public not private, that it should be maintained as a marine environment suitable for the area, and that she is willing to Suppon the purchase with tax monies. PUBLIC HEARINGS Mabel Jean Stanks, Variance No. 9502-02. Staff Planner Judy Surber described the applicant's request for a variance to construct a six foot high fence directly abutting the Discovery Road right-of-way at 1425 Katherine Street. The fence would be constructed of solid wood along 80 feet of the street right-of-way and along an additional 38 feet of the rear property line. A variance is required because the zoning code requires fences and hedges of six feet high or more to be set back a minimum of 20 feet from street rights-of-way. Council Member Westerman requested a change to Findings of Fact No. 2, from "likely that Discovery Road will need to be widened within the next ten years" to a statement that reflects only the potential for widening, which is probable only if the City adopts the high-growth urban growth area alternative. Applicant Mabel Jean Stanks stated that she is proposing the variance because of the orientation of her property along Discovery Road which runs at an angle to her property and affords direct views into the rear of her home. Ms. Stanks stated that she is opposed to Condition No. 3 which states UThe applicant agrees to relocate the fence if, at some future date, the City determines that relocation is necessary to accommodate improvements to Discovery Road.", and to the requirement that the restrictive covenant be recorded within 90 days or the approval of the variance shall become null and void. Dorothy Hensey, owner of a neighboring property stated her support of the fence variance, and her agreement with Ms. Stanks' opposition of the restrictive covenant condition. Jennifer Stankus stated that she also has a problem with the restrictive covenantcondition, 3 because in her opinion, placing this condition as an encumbrance to the property may affect future property value, and singling out this property and not others in the same area with fences along discovery road does not seem right. Ms. Stank-us noted that she sent a letter to the City recently which reflects these views. Council Member Bill Davidson requested clarification of the implications of this condition from Tim M. cMahan. Mr. McMahan stated the City has the authority to approve or deny this variance 'and to condition the approval to mitigate potential problems with removal of the fence if it becomes necessary to do so in the future. Mr. McMahan stated that the City would be unable to enforce removal of this fence especially with a subsequent property purchaser, without it being in the title to the property. Mr. McMahan recommends the applicant consult a real estate attorney to confirm the potential for lowered property value, as he feels it would not impact the property value. Mr. McMahan stated that the reason for putting the restrictive covenant into the title deed is to protect the City's interests. Mr. McMahan also stated that just because 'others who have put up illegal fences, outside city processes, and as a result do not have this restriction imposed is not a valid reason for making the problem worse by removing this condition on this variance request. Council Member Davidson stated that he appreciates Ms. Stanks coming to the City and going through this process. Mr. Davidson noted that for others with~ fences which are violating the current code, the City would have a problem getting the owners to move the fences without granting additional variances, and he agrees with the restrictive covenant. Tim McMahan proposed an additional Findings of Fact, No. 10, stating that if Discovery Road is widened, this variance if approved would restrict the City's ability to widen the street along this City right-of-way. Council Member Sokol requested that Findings of Fact No. 9 be changed to note the letter received from Jennifer Stankus. Council Member Westerman made a motion to approve Findings of Fact and Conclusions of the City Council dated April 13, 1995, Variance Application No. 9502-02, Mabel Jean Stanks, with the change to Findings of Fact No. 2 and 9, and the addition of No. 10. The motion was seconded by Council Member Sokol and passed unanimously by voice vote. Judith McKinney, Conditional Use Permit No. 9503-09 & Variance No. 9502-06 Staff Planner Judy Surber described the applicant's proposal to remodel an existing historic residence and modify existing Conditional Use Permit 1285-02 for a bed and breakfast inn within the R-1 zone, and a variance from the required ten foot building separation and from the front, rear and side yard setback requirements. 4 Applicant Judith McKinney described further details, and added a proposal for on-street parking along the undeveloped right-of-way of Haines Street, and a wheelchair ramp facing Haines Street to encourage parking and access there. Ms. McKinney noted she is interested in maintaining the orchard and other landscaping which exists in the right-of-way. Council Member Westerman favors saving the grounds-landscaping and orchard, but she feels that off street parking must be provided as conditioned by the planning commission. Council Member Shoulberg asked about the implications of authorizing the use of the Haines Street right-of-way for parking. City Attorney Tim McMahan stated that it would be an undesirable precedent. Ms. Surber explained that the distance between the front property line and the ~ of ~. pavement is .about 40 feet, and the parking area would extend 18 feet into thiyfbw,)as ~ :'/'i-L , proposed by appticant. O' Ct/ Council Members continued their discussion of the parking variance, noting that the house is not on the historic register, nor is it within the historic district, so any exemptions from the parki_ng requirements allowed for historic properties do not apply in this case. Council Member Davidson made a motion to approve Findings of Fact and Conclusions of the City Council dated April 13, 1995, Conditional Use Permit Application No. 9503-09 and Variance Application (Setbacks and Parking) No. 9502-06, Judith McKinney, Trenholm House, which was seconded by Council Member Sheila Westerman and passed unanimously by voice vote. EXECUTIVE SESSION The Mayor recessed the meeting into executive session at 9:10 p.m. to discuss the Thomas Oil Site negotiations. The meeting reconvened in public session at 10:25 p.m. COMPREHENSIVE PLAN COMMITTEE REPORTS Comprehensive Plan Video. Council Member Dan Harpole met with Assistant City Attorney Mary Winters and Building & Community Development Director Dave Robison regarding the production of a proposed comprehensive plan video, and they expect to present video to Council by the middle of June. Housing and Community Services. Council Member Diane Perry Thompson reported that the workgroup met last Wednesday and worked on the goals and policies. 5 ~. Council Member Davidson reported that the Land Use Workgroup also worked on their goals and policies at the last meeting. aT.l:all,~ar~. Council Member Westerman announced the Transportation Workgroup will be meeting again on May 8 and May 15 at 10:00 a.m. in the Pope Marine building. STANDING/AD HOC COMMITTEE REPORTS parks. Recreation & Property_. Council Member Harpole reported that the golf course lease will go before Council on May 15, the summer enrichment camp will begin registration soon, and the grand opening of the swimming pool will. be scheduled soon. Mr. Harpole stated that the next meeting is scheduled for May 2 at 4:00 p.m., and items on the agenda include the recreation program, the swimming pool, and lighting for the Jackson Bequest Wave Viewing Gallery. Mr. Harpole also reported that the Union Wharf design team met and discussed some of the details of the project, and the Public Safety committee discussed three sites under consideration, and are preparing a presentation for Council on June 5. Housing and Community Services. Council Member Thompson reported on the County waste reduction and recycling plan discussed at the last meeting. Ms. Thompson also reported that the Communications sub-committee of the Jefferson County Community^Council met recently and they are waiting for news of funding. Public Safety Committee. Council Member Sokol announced the next meeting is scheduled for May 15, at 9:00 a.m. in council chambers, and the agenda includes discussion about equipment for the Fire Department. STAFF REPORTS City. Administrator. Michael Hildt reported that he is working with the County on regional services, and stated that policy issues are to be discussed, by the City Council and County Commissioners at a joint meeting scheduled for Wednesday, June 7, 9:00 a.m. to 12:00 p.m. Mr. Hildt noted that the City is advertising for entry level and lateral police officer positions. C, iI~J_~MlllIII.~. Tim McMahan stated that an Initiative 164 presentation had been planned for this meeting, but because it is already 10:35 p.m., he will postpone that presentation to the next council meeting. Mr. McMahan described the current status of some other bills in the state Legislature, and noted the Association of Washington Cities thanked cities for sending letters in opposition to Initiative 164. Unfortunately, the initiative was approved and 91,000 signatures are needed to appeal it. 6 Public Works. City Engineer Randy Brackett reported the repair of the sanitary lift station in the Monroe/Water street intersection is underway and on May 10 they will begin another repair that will cause a 24 hour reduction in water pressure to the Glen Cove PUD area. There were Bone. PUBLIC COlVIlVIENTS VOTE ON MOTIONS MADE DURING COMMrI'rEE/STAFF REPORTS There were none. UNFINISHED BUStNF_.~S Resolution Authorizing the Mayor to Commence Negotiation for Thomas Oil Site Acquisition. RESOLUTION NO. 95-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO COMMENCE NEGOTIATION FOR PARTICIPATION IN THE FUNDING AND PURCHASE OF THE THOMAS OIL SITE. City Attorney Tim McMahan explained that this resolution Clarifies some of the language of the previous Thomas Oil Site purchase resolution. Council Member Westerman made a motion that the Council adopt Resolution No. 95-52 which was seconded by Council Member Davidson. Council Member Sokol voiced his opinion that the public safety facility should be a priority now. The motion was passed by voice vote, with all in favor except Council Member Sokol who was opposed. NEW BUSINF_~S Resolution Accepting the Charter for Jefferson County. Water Resources. RESOLUTION NO. 95-53 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CHARTER FOR THE JEFFERSON COUNTY WATER RESOURCES COUNCIL Council Member Shoulberg made a motion that the Council adopt Resolution No. 95-53 which was seconded by Council Member Perry-Thompson and passed unanimously by voice vote. 7 Ordinance Correcting Zoning Code Use Matrix for Family Day Care and Child Dare Care. ORDINANCE NO. 2458 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CORRECTING ZONING CODE USE MATRIX TO BE CONSISTENT WITH ORDINANCE NO. 2446 REGARDING FAMILY DAY CARE PROVIDERS AND CHII~D DAY. CARE CENTERS. Mr. Hildt read the ordinance by rifle. Council Member Perry-Thompson made a motion that the first reading be considered the second and the third be by rifle only which was seconded by Council Member Sokol and passed unanimously by voice vote. Mr. Hildt again read the ordinance by title. Council Member Westerman made a motion that the Council adopt Ordinance No. 2458 which was seconded by Council Member Davidson and passed unanimously, by roll call vote. l~esolution Authorizing an Interlocal Agreement with Jefferson County. RESOLUTION NO. 95-54 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY FOR RELOCATION OF A SECTION OF THE CITY'S WATER LINE IN CHIMACUM ROAD Council Member Shoulberg made a motion that the Council adopt Resolution No. 95-53 which was seconded by Council Member Sokol and passed unanimously by voice vote. COUNCIL MEMBERS GENERAL DISCUSSION Council Member Diane Perry-Thompson introduced a newsletter called Sound Waves, and noted that May is wetland month. ADJOURNMENT There being no further business, Mayor Clise declared the meeting adjourned at 11:00 p.m. Attest: Michael Hildt, Acting City Clerk 8