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HomeMy WebLinkAbout11041996 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 4, 1996 The City Council of the City of Port Townsend met in regular session this fourth day of November, 1996, 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, Diane Perry-Thompson, Ted Shoulberg (6:02 p.m.), Ian Keith, KathrDm Jenks and Jean Camfield. Also present were City Clerk Pam Kolacy, City Administrator Michael Hildt, 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 There was none AGENDA CHANGES OR ADDITIONS Added Item F to the Consent Agenda, Resolution 96-137 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 following Bills and Claims: 010 Current Expense $14,942.27 094 Garbage 37,160.53 110 Street 10,029.01 120 Library 4,446.55 130 Park 6,220.91 150 Hotel/Motel Transient Tax 1,000.00 180 Capital Improvement 4,596.75 411 Water-Sewer 36,594.53 412 5OO 610 Storm and Surface Water Equipment Rental Firemen's Pension and Relief 182,550.13 10,434.12 385.85 Total $ 308,360.65 For Concurrence: First Amendment to Rosewind Property Use and Development Agreement (PUDA) Approval of Resolutions: RESOLUTION NO. 96-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN INTER-AGENCY COOPERATION AGREEMENT WITH THE PORT TOWNSEND SCHOOL DISTRICT FOR 1996/97 SWIMMING INSTRUCTION PROGRAM RESOLUTION NO. 96-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LITTLE AND LITTLE CONSTRUCTION TO PROVIDE PROJECT MANAGEMENT SERVICES FOR THE UNION WHARF RECONSTRUCTION PROJECT. RESOLUTION NO. 96-137 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. Commtmications: A letter dated October 17, 1996, from BCD Director Robison to Connie L. Sallee, Department of Natural Resources, Olympic Region, objecting to further processing of Forest Practice Application #02-16679, Boulton Logging Inc. (For Information.) A letter dated October 17, 1996, from Harry Reinert, Executive Director, Land Use Study Commission, Olympia, forwarding the 1996 Annual Report, Public Review Draft. (For Information and BCD.) Copy of a letter dated October 21, 1996, from Bonnie L. Sherrell, P.O. Box 909, Port Townsend to the Port Townsend School District concerning effectiveness of Port Townsend schools. (For Information.) 2 A letter received October 21, 1996, by Councilmember Jenks and copied to Council, from Harry R. Williams, 2310 Emerald Lane, Port Townsend, requesting consideration of increase in maximum income allowable to seniors to qualify for a utility rate reduction. (For Information.) A letter dated October 23, 1996, from Mayor McCulloch to Council and Department Heads concerning responsibility for securing city buildings following evening meetings. (For Information.) A letter dated October 24, 1996, from Councilperson Jenks to John Dohrmann, Work Plan Coordinator, Puget Sound Water Quality Action Team, commenting on the Draft Puget Sound Water Quality Work Plan. (For Information.) A letter dated October 30, 1996, from Kathleen Cox, 475 "W" Street, Port Townsend, commenting on the fences and hedges ordinance. (For Information.) Memorandum dated October 30, 1996, from Trish Martin, BCD Receptionist, to City Council and the Planning Commission, forwarding the Building Permit and Land Use Permit Status Reports. (For Information.) This concludes the Consent Agenda. PUBLIC COMMENTS Ms. Candice Cosler, Discovery Gardens (Landscape Business.) Discussed plantings on public property throughout town and noted: · lack of irrigation · wrong plants chosen and improper installation, i.e. Mountain View School; Blue Heron School (plantings in the wetland behind the school); Park and Ride (improper installation); Keamey Street (choices too large -- encroach on sidewalk). She said it is especially distressing at schools and noted the impact on students working with planting projects. She spoke about areas that require irrigation systems, pointed out that grass is high maintenance and suggested use of drought tolerant ground covers. She asked that when bidding is done for public landscaping projects and awarded to outside landscapers that consultation be required with local landscapers for their input as to local needs. Jenks Asked what Ms. Cosler wished to happen next and if she would be willing to come to meetings. Cosier Project consultation with local landscapers regarding such things as irrigation and choice of drought tolerant plants. She said she is willing to keep an eye on different projects -- they are replanting in the Blue Heron wetland area, but there is no water. She noted larger plants take more water. She suggested the City write to different landscapers and ask if they wish to participate. · Camfield Pointed out that with irrigation at the Blue Heron School, the landscaper is responsible, and the school could not contribute. She suggested Ms. Cosler talk to Ted Davis, that he is working with children on some projects. · Wheeler Said the contractor for the city project on Keamey Street is responsible to replace any plantings that die. He noted committee work at the Wastewater Treatment Plant. He said their biggest problem occur after a contract ends. Mr. Forest Shomer spoke about potential Home Occupation Ordinance changes. He talked about the increase of space allowed for the home occupation to 50 percent of total square footage and asked the City take a second look, that the impact will blur the residential neighborhood. He also referred to the Parking Ordinance and said traffic is not addressed in residential neighborhoods. He suggested not increasing the home occupation space over 25 percent and holding the maximum of one employee, thereby making the residence predominately a home, with the business secondary. STANDING/ADHOC COMMITTEE REPORTS Housing and Community. Services. Councilmember Perry-Thompson Reported: · A letter from Mr. Randy Bracket announcing Habitat for Humanity meetings November 7 and 21, 7:00 - 9:00 p.m., Trinity United Methodist Basement. Holiday Party for Staff. Councilmember Perry-Thompson Set time and place -- Friday, December 13th, 5:30 - 8:00 p.m., Pope Marine Building Potluck -- Council will bring main dish and provide beverages. Solid Waste Advisory_ Committee (SWAC). Councilmember Perry-Thompson October 30, 1996 (Special session with called by the County Commissioners.) Discussion items: · County review of financial SWAC review. · Need for better communication between SWAC and Commissioners. (Feeling among members that recommendations are not being heard. Plan could have been done by local participants better and more cheaply.) · Management Plan 11/21 review -- make recommendations and approve or not approve Finance Committee. Councilmember Davidson October 31, 1996 Discussion items: · Review of second and final supplemental budget for 1996. Reported motion/second/unanimous approval to recommend that the Supplemental Budget be approved. The first reading of the supplemental budget ordinance is scheduled for Council meeting November 18th, second and final December 2nd. 4 Land Use. Councilmember Keith Set meeting -- November 5, 1996, Noon, City Hall Agenda: Land Use Study Commission Draft 1996 Annual Report. Possible Modifications to GMA Robison/McMahan: Comments and recommendations due November 8. · McMahan: Is rather encouraged by report -- GMA is working. Has minor recommendations. Call McMahan after you meet or mn draft letter past him. · Robison: Will attend November 12th Land Use Study Commission meeting. · Jenks: Does not feel need to make substantive comments. Suggested asking Commission to meet on the Peninsula. · Camfield: Asked regarding brownfields on Page 12. Robison suggested maybe abandoned industrial sites. Camfield: Develop "safe harbor" options under Rural Lands #3.b? McMahan suggested that it could mean a conservative approach used to avoid an appeal. Parks, Recreation and Commission. Councilmember Davidson Reported: · Parks & Recreation Functional Plan Survey due out November 4 delayed a week. · Articles in the Leader will hopefully begin 11/6. Public Safety Committee. Councilmember Jenks October 29, 1996 (Including COPAB) · Special workshop presentation by John Graham and Associates Set meeting -- November 14, 1996, 4:00 p.m., City Hall Agenda: Public Safety Interim Facility Presentation Set meeting -- November 19, 1996, 4:30 p.m., Fire Hall Agenda: Fire Department interim needs MAYOR'S REPORT Mayor McCulloch stated she is circulating a very good video prepared by the Association of Washington Cities on the Telecommunications Act of 1996. She noted she has received information on a prospective Japanese Sister City. She announced School District Superintendent Gene Medina has set a 1-hour joint meeting December 17, 1996, 5:30 - 6:30 p.m., Lincoln Building board room. Puget Sound Water Quality Action Team Work Plan public hearings for our area were held at Port Ludlow, October 23rd; Ms. Jenks and Mr. Wheeler also attended. She said there were not many attendees but a lot of good testimony, and it was reported presenters got a lot of feed-back on the team's e-mail. She said they offered their own oral testimony followed with a letter of comments signed by Councilmember Jenks. She asked for Council affirmation of the contents of Ms. Jenks' letter and authorization for the Mayor to send a letter noting Council affirmation. MOTION Camfield The Mayor send a follow-up letter stating that the Council has reviewed the letter of October 24 signed by Kate Jenks and affirms the comments. SECOND VOTE Harpole Held until after Public Comment Section Reported various openings on boards. STAFF REPORTS City_ Administrator's Office: City Administrator Hildt Draft Personnel Policy will go to Committee this week, will be involving department heads and union representatives; a recommendation will go to the Mayor late this year or early next and Council shortly after. Reported Insurance Authority annual audit late December. Will be looking at personnel practices and system to date, land use, and park facilities. City_ Attorney's Office: City Attorney McMahan Has been working with Eric Toews and put together a significant 30 page document of available materials. Discussed Home Builders standing and reported a motion from Jefferson Home Builders requesting testimony from "expert witnesses" A1 Scalf and Mark Horton. He said the city will also argue that they did not participate in the process, and there is very strong argument for dismissal November 14, 1:30 p.m. He said the City requested 6 hours to cross examine the witnesses if they are allowed to testify.. Building and Communi .ty Development: Director Dave Robison Discussed the Comprehensive Plan Amendment Ordinance prepared by the Land Use Committee and reviewed by the Planning Commission. Likes the real substantive process changes, but suggests some changes in format; should be ready for presentation to Council December 2. Councilmember Jenks complimented the report on sums of building permits and asked if ESA is not applicable on the heavy haulout. Robison agreed to check. P~blic Works: Director Bob Wheeler Noted the tight schedule at Union Wharf. Reported regarding paving -- will be removing sections of sidewalk. Need to repour sidewalks to as far as the alley on both sides of street. Will have continuous access to the Surf Restaurant. Spoke about removal of a power pole to be moved back and said they would come with a change order -- they have instructed Puget Power to move forward. Noted various options for the structure including open frame. Reported receipt of $99,000 IAC grant funding for floats and $103,000 DNR money. He said it looks like it will cover everything they need. 6 Comments received today from the Department of Health on the Water Master Plan. City's plan to be completed within 120 days, by February 25th; will require a fair amount of staff time to meet the deadline.. ,, Reported a meeting with the County on rewriting the Coordinated Water System Plan; Councilmembers Shoulberg and Jenks also participated. Plan to go to Utility Coordinating Council November 27th and to County Board of Commissioners December 9th for a final heating before being forwarded to the Department of Health. Will be putting together comment letters on items that still need to be corrected. · Noted distribution to Council of final rate study from the consultants and a fees schedule for Wednesday night's hearing. · Umatilla -- have completed Phase I, lower end piping for stormwater. Have also been working on drainage. · Oil rebate money is available for student/pedestrian safety projects. City is very high on the list--must have matching money for Mountain View and Grant Street projects. Will continue working on San Juan depending on their matching money, as well as REET monies normally used for funding pedestrian projects. · Friday installed 4-way stop at comer of"F" & Cherry. Have agreement with Puget Power to move the power pole on the northwest comer; the tree issue will then be looked at -- does not think it needs to be removed at this time, but will continue to watch. Clear vision area and site distance issues look O.K. Library.: Director Linnea Patrick When purchasing audio/visual tapes with their $60,000 grant, got a lot of good discounts and were able to many more tapes than anticipated. Storage is now a problem. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. There being none, Mayor McCulloch closed the Public Comment/Questions portion of the meeting. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Vote on the motion is as follows: MOTION affirming Couneilmember Jenks' letter VOTE Unanimous 7 in favor There being no discussion, Mayor McCulloch closed the Public Comment portion of the meeting. PUBLIC HEARINGS Final Testimony on proposed Phase #1 Revisions to Zoning Code (Fences, Walls, Arbors and Hedges, Parking, Home Occupations): Staff presentation -- Sr Planner BCD, Eric Toews Gave a brief overview noting the prime impetus for rewriting the ordinances came from the Council Retreat in January 1996. He said Council will hold deliberations on November 18th; if changes are adopted at that time, they would become effective November 25th. planning Commission Presentation -- Planning Commissioner Linda Clifton Noted current issues made these ordinances a high priority. She stated the changes are interim, and that some threads have been left hanging. Parking Ms. Clifton cited the need for infill, and spoke of exempt parking in the Historic District. She said inadequate signage for the Park & Ride is self defeating. She spoke of Transportation Demand Management (TDM) for projects and specific instances of parking; assigning particular areas of the Park & Ride to employees; and proponents providing bike racks. · Jenks Any concern expressed for uptown parking? Enarson and Boles had major concern. Was there discussion around the issue? · Clifton We are hoping that the move will be to alternative forms of transportation and the Park & Ride. · Shoulberg Confused about Historic District exemption. · Toews Draft makes it completely exempt for new uses within existing historic structures. Expansions with existing historic or non-historic structures would be exempt below a certain threshold. , Shoulberg How does this fit in with HPC mandatory design guidelines? · Toews Cautious approach until code revisions are complete and see if perhaps in the future it might make sense to make an outright exemption for all commercial development within the Historic District. Fences. Walls, Arbors and Hedges Ms. Clifton said they are recommending "most permissive" -- 8 feet for any constructed fence or wall and no regulation for hedges except for public safety and regulation of the, Clear Vision Area. Does not address large growing plantings. They suggested an arbitration process linked with blocking views, solar rights, etc. She said exempting hedges does need to be reviewed; arguments and disputes need to be addressed. · Jenks Any discussion regarding new housing, blocking air and light to neighboring houses? Any opinions expressed by your body? · Clifton Deferred to larger issue, e.g., views. · Harpole Does the definition of" clear vision area" still conflict with Public Works? · Clifton Accepted Public Works recommendation to measure from the edge of the road. · Toews The Planning Commission has been consistent with the 20 foot provision. They concurred with Public Works on measurement from the edge of the constructed roadway rather than the right-of-way. · Harpole The recommendation was 30 feet in the graphic attached to the Public Works memo. 8 Clifton Individual intersections have different needs which will be addressed at sites specifically. · Harpole Cited recent "F" & Cherry measurements. · Toews Had discussion with Public Works staff regarding tieing the size of the clear vision area to the classification of the road. At a staff level it was felt that could be addressed in the future. As an interim step, the 20 foot provision did make sense. · Jenks Said if they reference the Public Works memo of October 17, suggest it merely refer to the Public Works design standards, which is yet to be developed. · Jenks Mentioned electric fences. · Clifton Electric fences -- decided not to address. Home Occupations Ms. Clifton indicated this ordinance was most complex in terms of changes, e.g. specific space restrictions (maximum number of square feet) or 50% of the total area (whichever is less); limiting delivery times; number of on-street vehicle parking spaces required. · Shoulberg Did that come from the public or the Commission? · Clifton It came from both. · Jenks Asked regarding the Shomer discussion of 50% vs. 25% of the space. · Clifton He felt 50% was too much. · Jenks Was there discussion regarding recourse of the neighborhood as to enforcement in dealing with nuisance factors? · Clifton Nuisance did come up, but no one had a formula for it. Reliant on complaints. It is a little bit better defined now as to space, number of employees, hours, etc. · Shoulberg Page 8, Required Conditions -- BCD Director may issue or deny a permit with certain affirmative findings in loose criteria shown in sections A to I, e.g. "morals." Why is that there? · Robison Some safety codes do have language addressing "public health, safety, morals and welfare"; that is probably where it came from. You can strike the word, if you want. There is no reason other than standard language.. · Enarson Subjective language in there will allow the community to decide what it wants. · Toews The ordinance is a combination of prescriptive standards and performance standards. Language much like SEPA. · Shoulberg To make clear, you would need conditional language to show applicant has met these prescriptive standards. · I-Iarpole Page 7, Item F. Why didn't you think about between 9:00 p.m. to 8:00 a.m.? ~ Enarson Artists and others who work at home may sometimes have work picked up after working hours. · Perry-Thompson Adding in ADUs? · Toews Was in original draft -- not in this one. · Jenks The Planning Commission's final draft -- difference in definition of hedges (10/4/96 17.08.211). What was done to produce the final draft? Likes first one better. ~ Toews Draft of 10/4 was prepared September 26th to take to the October 17th heating. Have forwarded the end product -- doesn't show changes from August 29 through November 4. With respect to that definition, it was not intended to mean intent -- not judgmental, rather its effect. · Perry-Thompson Exemption 040. Ten non-residents -- does that mean one at one time; if so, thinks it should say so. At one time had 40 piano students in her home, one at a time per week, plus classes. · Clifton Intended to leave that a little open. · Toews You would be exempted from permit requirements if fewer than 10 clients per week. ~ Shoulberg The 10 students, are there parking requirements? · Toews Page 7, Item 7-- Performance standard, is not prescriptive standard. The hearing was opened to the Public. · Barbara Blowers--Very concerned with economic help for those rehabilitating downtown historic buildings. Supports proposed changes and states that many historic buildings cannot be renovated without this. Hoping ultimately ordinance will eliminate all requirements for parking code, as in Portland OR, Astoria OR. · Shoulberg Are you suggesting amending the ordinance to eliminate all requirements? · Blowers Yes. Fences. Walls. Arbors and Hedges · Liz Smith: Wants clarification Page 7, #4--Passed unanimously by the Planning Commission. When will the zoning code be revised? · Robison: This is Phase I. Phase II continues through 1997, and Phase III probably through portions of 1998. · Liz Smith: In the meantime how do we know -what we can plant? , Shoulberg: You can plant what you want now; we are not going to go back and say cut it all down. · Toews: These ordinances are interim quick fixes. There will be opportunity to re-examine these either during the process of developing the zoning code to implement the new Comprehensive Plan or immediately thereafter when we have had the opportunity to implement and reassess and see what problems are cropping up, (Hedges would be exempt for heights but could have Clear Vision requirements and potential safety hazard requirements, section 050.) · Liz Smith: What you adopt now will stay, or can be changed piecemeal. The public is not aware what they do when they plant a tree. Hope for enough notice to the public for these changes. · Mayor: You can be assured they will. · Camfield: Trees fall into a grey area. 10 · Barbara McColgan: Clear Vision Area--many different streets have many different needs. Lives on Taft Street -- the paved surface is 11 feet wide, but the right-of-way in that area is 52-1/2 feet -- 22-1/2 on the downhill side and 30 on the uphill side. Take into consideration the unpaved 40 feet when you look at the potholes of the 11 feet and cannot take care of them, and you want to take positive control of the of the additional 40 plus feet. She noted the implication of a street use permit -- billable manhours, inspecting, et al to manage need for street use permits. She said it is a considerable burden to include in the ordinance as written and raised the question of payment and fees required. She suggested addressing by exception -- where there is no problem do not require a permit. She noted it is cumbersome, and said, "Leave well enough alone." · Shoulberg: Where does the street use permit come in? · McColgan: Anywhere, as you state. Right-of-way issue needs to be addressed. · Mayor: Some clarification is in order. · Enarson (As a citizen): Strongly favors the ordinance. She said 8' walls are not going to happen all over town -- she indicated building permits required for fences, arbors, etc. over 6' would preclude that from happening. She said hedges are a rich heritage of landscaping, and spoke of the equity issue. If the City needs to address the safety and health issues posed by vegetation, solar, views (though not guaranteed) it can be accomplished through other ordinances. She urged to stay out of can of worms on hedges. · Shoulberg: Are we saying in this ordinance that deer fences are regulated? Wire mesh on posts?. · Robison: As the ordinance is today, if it's over 6' -- yes. The new ordinance would be over 8*. · Perry-Thompson: There are two sets of values -- privacy and clear view. Did that come up? · Enarson: Character of the town according to the Comp Plan in mature landscaping planted and unplanted. We also discussed acts of aggression in plantings. The City could talk about those in relation to bulk and dimensions, or make it site specific. · Jenks: Where do you stand on hedges as a citizen? · Enarson: As a citizen, I am thrilled and delighted with fences, hedges and arbors. · Liz Smith: Question. You have to get a Building Permit to build a fence over 6"? · Robison: Yes. · Hildt: It is the Uniform Building Code adopted by the State of Washington. · Toews: Clarification. Thinks it is one area where local jurisdictions have authority to raise the threshold requirement. · Hildt: I stand corrected. · Jenks: Clarification of the McColgan issue regarding street use permit. Would you clarify what the permit is and how enacted? · Robison: That will be a separate street use ordinance that will probably be coming to Council in December. It has mainly to do with commercial uses and the right-of-way. Landscaping in the right-of-way would be a non-permit. It is really looking at unopened streets for commercial uses. · McColgan: The Street Use Permit is not required for residential uses if there's no commercial at all, so long as it does not break your 3' limit? 11 · Robison: As proposed, that is true unless it involves a partially or totally sight obscuring installation. · MeMahan: Cautions that there is no assurance of this until the council acts on an ordinance. This particular ordinance has not even come before Council in draft form. Home Occupations · Gaither Baker: Spoke of negative impacts on the neighborhood with extra parking for up to three employees. He said this type of ordinance has been impossible to enforce and referenced a former complaint to the City against an employee arriving at a home business at 5:50 a.m. each morning causing a nuisance to an adjoining neighbor. He stated that situation has not changed since that complaint. He asked if the City can't or won't enforce the present ordinance, how can it enforce for and an expanded and liberalized ordinance. He suggested with new provisions, Council take steps to enforce evenhandedly and without preference. Mayor McCulloch closed the hearing to the Public. Council deliberations will take place at the regular Council Meeting, November 18. Assisted Living Concepts, Inc.. Planned Unit Development/Conditional Use Permit LUP96- 0040 (Closed Record Hearing -- No public testimony accepted) Mayor McCulloch explained Regulatory Reform and that this is a Closed Record Hearing. Councilmember Keith made the disclosure that his company made an unsuccessful bid for the property involved before Assisted Living Concepts, Inc. secured the property and that his company may again pursue the property if Assisted Living Concepts failed. He said, however, he could pursue this issue unbiased. Mayor McCulloch asked if anyone felt that Councilmember Keith could not be unbiased. There was no comment. City Attorney McMahan said Mr. Dean Skorheim, representative of the proponent, was in the audience. Mr. Skorheim briefly commented and Attorney McMahan suggested Councilmember Keith step down. Mr. Keith left the hearing. Councilmember Jenks pointed out the BCD report of October 30, 1996, referenced this project and on page 2 of 3 stated it was approved. She noted it is not yet approved. BCD Director Robison stated Exhibits A and H of the Findings and Conclusions of the planning Commission dated October 10, 1996, were shown on the board. Councilmember Perry-Thompson asked regarding a discrepancy of 24,000 square feet shown in the SEPA report. Mr. RObison said there may be a change between the SEPA and now. Mr. Robison made the Staff Presentation and discussed the Findings of Fact, Conclusions and Recommendations. 12 Councilmember Perry Thompson asked for clarification of the location of the sidewalk, which was given by Mr. Robison. She asked if the neighbors could participate in the landscaping and Mr. Robison referred her to Condition #9. Ms. Perry-Thompson pointed out on Page 7 under Conclusion #3 wording "... screening/buffers from..." and asked if it should be screening/buffers "to." Mr. Robison agreed to the change. Councilmember Jenks asked to define "parties of record". Mr. Robison indicated that reference is to people giving oral testimony or written comments. Ms. Jenks asked about the property not yet being purchased, and Mr. Robison said that is typical for a large development. Ms. Jenks asked about the financial viability, and Mr. Robison replied that information is contained in Exhibit E. Councilmember Perry-Thompson asked about the comments regarding grass-crete. Mr. Robison said the Planning Commission discussed it, that it is very expensive and in order to relieve the problem asked Staff to check whether or not the fire access road could be reduced from 20 feet to 12 feet, which the Fire Department approved. She also asked if there is a pull out for transit and Mr. Robison replied affirmatively. Councilmember Jenks asked regarding 18 parking spaces (or 1 space for every 3 units). Mr. Robison noted average age for residents is 86 and many do not drive but rather use the shuttle service. He said it is safe to assume there will not be need for additional parking. Councilmember Camfield asked regarding staff parking, and possible double occupancy. Mr. Robison said they anticipate nine employees on the premises at one time. Mr. Davidson asked if there are living accommodations provided for staff members, and Mr. Robison said there are not. There was discussion regarding topography and elevations regarding landscaping. Councilmember Jenks noted a significant concern of privacy protection reflected in the minutes and suggested changing Condition #9. Discussion continued regarding landscaping and buffering and protecting the neighborhood. Mr. Robison said they have always accepted a draft landscaping plan and under Condition #9 they have added a lot of performance standards. Councilmember Harpole indicated when the neighbors get into this, there will be flexibility and suggested they could put in a swale. He said Condition #9 puts the burden on the City and he doubts staff will turn away from the concerns. Councilmember Shoulberg asked Mr. Robison what happens if there is dissatisfaction, is the City the arbitrator? Mr. Robison replied affirmatively. Councilmember Jenks asked if Condition 9E is the major condition in lighting. Mr. Robison referred to the condition requiring lighting to be hooded and directed downward. He also indicated the height will be included in the final landscape plan. Ms. Jenks asked if Condition #6 is the only condition for off-street parking and also asked about staff parking. Mr. Robison said it is included in the Site Plan. She said the conditions do not mention this, and she is concerned that they provide for it now. Mr. Robison replied that Findings of Fact #30 requirement is for 12 spaces and the site plan is designed for 18. Councilmember Shoulberg said he thinks this is a great project. Councilmember Jenks suggested including with Condition #9, regarding the final landscape plan, that: 1) neighbors within 200 feet be notified; 2) a meeting be arranged at the conclusion to make sure neighbors have ongoing input. Ms. Jenks complimented the work of the Planning Commission. 13 Councilmember Perry-Thompson said she likes letting neighbors have input. Councilmember Camfield said she doesn't have problems with that, but is not sure it is necessary to specify the exact amount. Councilmember Harpole said he supports liked Ms. Jenks' first statement, but is not sure about the second. He thinks the Director will assure neighborhood concerns are met. Councilmember Perry-Thompson concurred. MOTION JenksAlter language of Condition 09 adding, following parties ofrecord, "and neighbors within 200 feet" and changing the wording to say "arrange one or more meetings". SECOND Harpole Discussion: Robison: Could we change to property owners rather than neighbors? Approved by maker and seconder of motion. VOTE Unanimous -- 6 favor as modified (without Councilmember Keith) Councilmember Perry-Thompson suggested amending Conclusion #3 to read "screening/buffers to" rather than "from." MOTION SECOND VOTE Camfield Approve Assisted Living Concepts, Inc. Application No. LUP 96- 00040, Findings of Fact 1 through 34, Conclusions 1 through 19 (Conclusion #3 as modified to say "to" rather than "from" ), Recommendations 1 through 19 (Recommendation #9 as amended in the previous motion). Harpole Unanimous -- 6 in favor (without Councilmember Keith) Councilmember Perry-Thompson thanked the Planning Commission for their excellent work. UNFINISHED BUSINESS There was none. NEW BUSINESS ORDINANCE NO. 2548 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER 12.26, STREET LATECOMER AGREEMENTS, OF THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING PROCEDURES AND REGULATIONS FOR ENTERING INTO STREET LATECOMER AGREEMENTS AND ESTABLISHING BENEFIT REIMBURSEMENT AREAS FOR STREET IMPROVEMENTS City Attorney McMahan introduced the ordinance. 14 Public Works Director Wheeler explained this agreement has to be set up prior to development occurring, thus they are having to do engineering estimates of costs up front. He noted the ordinance complies with State Law. · Perry-Thompson Noted an error on Page 11, 12.26.140.D. Correct to say, If the City does "not" receive a response .... · Keith Page 8, 12.26.080 suggested deleting "which exceed the application fee amount," · Hildt Page 4, 12.26.040 Is Application Form Fee in place? · McMahan It is on Page 3-60 of the Code. Part of water, sewer, storm drainage and streets, all at $200. · Hildt Suggested wording, "The application fee for combined utility/street latecomer fee shall be a single fee in the amount as set forth in PTMC 3.36 for a street latecomer agreement." Mayor McCulloch read the ordinance by title. After discussion, 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 Perry-Thompson and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Mayor McCulloch excused herself and turned the remainder of the meeting over to Council President Harpole. Councilmember Jenks made a motion that the Council adopt Ordinance No 2548 which was seconded by Councilmember Keith and passed unanimously as amended, by roll call vote. PUBLIC COMMENT There was none. There was none. COUNCILMEMBERS GENERAL DISCUSSION RECESS There being no further business, at 10:40 p.m. Council President Harpole declared the meeting recessed until 7:00 p.m. on November 13, 1996 in the Council Chambers of City Hall. Attest: Pamela Kolacy City Clerk 15