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HomeMy WebLinkAbout08/07/1990 ) ( , J, ; IUNUTES OF THE- REGULAR SESSION OF AUGUST 7, 1990 The city Council of the city of Port Townsend met in regular session thi$ Seventh Day of August, 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S shirley presiding. ROLL CALL I Councilmembers present at Roll Call were Jean Camfield, John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, city Attorney Keith Harper, Public Works Director Robert Wheeler and Director of Planning and Building Michael Hildt. Mayor Shirley introduced Sheri Robison as the new }Iain Street Executive Director. PUBLIC COMMENTS Kathryn Jenks was recognized and reported that the bank next to Les Schwab Tires and has been reshaped by Nordland Construct,ion without proper permits from the City and has set a very bad example. Cindy Thayer was recognized and questioned if there will be a discussion of interim guidelines for the streets. Mayor Shirley stated that it will be discussed under Unfinished Business later on the agenda. CONSENT AGENDA I Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vot$. 'Approval of the Minutes for July 11, 1990, as writ1:en without reading. Approval of the following Bills and Claims: Current Expense Street Library Library Renovation and Addition Park Emergency Medical Services Water-Sewer Equipment Rental Firemen's Pension and Relief Total $ 58,O~4.40 3,650.51 7,407.07 24,~O7.31 720.98 2,846.57 45,405.93 4,658.93 ~93~ $ 148,194.80 Adoption of Resolutions: RESOLUTION NO 90-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. I Ray Tennyson has agreed to construct a six-inch water line in Block 36 of Eisenbeis Addition from the south line of lot :25 south 68 feet within the City of Port Townsend. RESOLUTION NO 90-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. - ¡he Hunt Manor Partnership has agreed to construct a six-inch water line in Jackman Street from the south line of Lot 25, Block 36 of 2 MINUTES OF THE REGULAR SESSION OF AUGUST ?, 1990, cont. the Eisenbeis Addition north to 12th Street wi tl1.in the City of Port Townsend. RESOLUTION NO 90-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A lATECOMER UTILITY CONTRACT PURSUANT TO RCW 35. S'l. I The Hunt Manor partnership has agreed to constru.::t a six-inch sewer line in Block 36 of Eisenbeis Addition from the south line of lot 25 to the north line of lot 28; and north 10 feet into lot 29 within the City of Port Townsend. RESOLUTION NO 90-76 A RESOLUTION OF THE CITY COUNCIL OF rHE CITY OF PORT TOWNSEND AUTHORIZING A L~TECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Allen Engler has agreed to construct a six-inch water line in 10th Street from Jackman to Holcomb; in Holcomb from lOth to 11th within the City of Port Townsend. RESOLUTION NO 90-77 A RESOLUTION OF THE CITY COUNCIL OF ~mE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Douglas Warren has agreed to construct an eight-inch sewer line in 55th Street from Landes to Hill Street within the City of Port Townsend. I Communications: A proposal dated June 11, 1990, from Scott Walker for planning, building and preserving a system of non-motorizE!d access pathways and pedestrian safe residential streets througho'lt town was copied for Council and referred to the street/Sto]~m Drainage/Light Committee. A letter dated June 28,1990, from Brenda Martin, Gregory McMillan. Adam and Lillian Gaikowski opposing the opening of 30th street from Hendricks to Sheridan by developers was copiec: for Council and referred to the street/storm Drainage/Light Comntittee. A letter dated July 3, 1990, from John F W Rogers, Chairman, Advisory Council on Historic Preservation, thanking Mayor shirley for efforts in assisting them with their meeting in Port Townsend. An Environmental Checklist dated July 4, 1990, from the Quimper Credit Union to rezone property between 12th Strel:!t and 10th Street east of Hill Street behind the Safeway Store was copied for Council and referred to the Legislative/Environmental Committee. An Environmental Checklist dated July 12, 1990, from campbell Construction for 25 single family home sites on double lots where six have already been bui It on Holcomb and Jackman Streets on Blocks 9,10, 25 and 26, Bracken's Addition was copied for Council and referred to the Legislative/Environmental Co:~mittee. A note dated July 13, - 1990, fróm"Jâñíes~rTaveJ:'nakis requesting continuation of Street Vacation Application No ~1005-02 until the second meeting in September was copied for Council. I A letter dated July 18, 1990, from Brent Shirley to Bob Sokol, President, Port Townsend Chamber of Commerce, thanking the Chamber ~ ~ "C,::, ~If 3 MINUTES OF THE REGULAR SESSION OF AUGUST 7,1990, Cont. of Commerce for its contribution of $2,000.00 to it-he Gateway Project was copied for Council. A letter from Gigi Renuart about environmental respect, was copied for Council on July 18, 1990. I A petition dated July 19, 1990, signed by 27 residents of Bishop Park Addition stating their concerns about enforcement of the Restricti ve Covenants of the Bishop Park Plat was copied for Council and referred to the Legislative/Environmental Committee. A letter dated July 23, 1990, from Michael Hildt to David Skeen, Attorney at Law, explaining the criteria for a grandfathered home office, a home occupation permit and the of returning his application for a sign permit was copied for Council. A Notice to Title dated July 23, 1990, from the Planning and Building Department, City of Port Townsend regarding property owned by Richard Romano was copied for Council. A letter dated July 24, 1990, from Douglas V Franz, Building Inspector, to Jill and Vartkes Tatarian, regarding complaints received by the City regarding their home occupation of a rental car business in addition to their taxi business was copied for Council. I A letter dated July 25, 1990, from Amory Peck, a 'tourist who believes in the preservation of Port Townsend, to City Officials, stating his concern for controlled growth was copied for Council. A memorandum dated July 25, 1990, from Michael Hildt to Keith Harper with suggestions for the Draft Street Use Ordinance was copied for Council and referred to the Street/storm Drainage/Light Committee. A letter dated July 26, 1990, from Darlene Bloomfield, Adminis- trative Assistant, to Gary and Mary Kaiser enclosinq the final recommendation and Findings of Fact and Conclusions of 1:he Planning Commission and requesting attendance at the Public Hearing for their variance was copied for Council and referred to the Public Hearing later on the agenda. An article from the July 30,1990, Newsweek Magazine entitled "The Myth of German Efficiency" was copied for Council. A letter dated July 30, 1990, from Darlene Bloomfield, Adminis- trative Assistant, to Jean Anderson enclosing the final recom- mendation and Findings of Fact and Conclusions of the Planning Commission and requesting attendance at the Public Hearing for her variance was copied for Council and referred to the Public Hearing later on the agenda. I A letter dated July 31, 1990, from William H Backous, PE:, Southwest Region Supervisor, Water Quality Programs, State of Washington Department of Ecology, to Mayor Shirley stating that the City must proceed without delay to comply with the secondary treatment facility construction schedule in Order No DE 90-S1256 issued by Ecology on July 14,1990, was copied for Council. A letter dated July 31, 1990, from Mary Rutherford, reporting a large bolt or manhole in the street across from a bank where she tripped was copied for Council and referred to the street/Storm Drainage/Light Committee. A letter dated August 2,1990, from Dave Robison, Planner, to Gary and Mary Kaiser informing them of the parking requirement conformance of Seafirst in regard to their leasing of surp1.us spaces was copied for Council and referred to the Public Hearing. 4 4. 5. MINUTES OF THE REGULAR SESSION OF AUGUST ?, 1990, Cont. A letter dated August 3, 1990, from Keith Harper, to Vicky Lockhart, Jefferson Title Company, regarding i:he closing of the City of Port Townsend/Olberg transaction was copied for Council. This concludes the Consent Agenda. PUBLIC HEARINGS I Variance Application No 9005-01 -Anderson. Mr Hildt reviewed the findings, conclusions and conditions of the Planning Commission. Mayor Shirley opened the hearing tq the public. Jean Anderson was recognized and spoke in favor of the variance and requested a six- foot privacy fence on the back corner of her property. There being no further testimony, Mayor Shirley closed tJle hearing to the public and turned to the council for disposition. After a brief discussion, Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and ccndition, and grant Variance Application No 9005-01 which was secondHd by Councilmember Camfield and passed unanimously by voice vote. Findings 1. The applicant proposes to construct an enc::losed addition to her home at 634 Clay street. The subject property is located on the northeast corner of Clay and Quincy Streets, in an R- II zoning district. The current rear setback of the dwelling is 16 feet 8 inches, which is a legal, non-conforming condi tions that was in existence prior to the enactment of the Port Townsend zoning code of 1971. In the R-II zoning district the minimum rear setback is 20 fe(:!t. The applicant proposes to construct the addition so that: the rear setback of the building would be 11 feet 8 inches. As this is less than the required 20-foot rear setback, a variance is required. The applicant also desires to construct a 6-foot-high fence that will front on both Clay and Quincy streets. In the R-II zoning district, a 6-foot-high fence is pe]~mi tted if setback 20 feet from the street right-of-way. Siru:e the house is on a corner lot, the 20 foot setback must be observed on both Clay and Quincy streets. This conditions is met on Clay Street, but not on Quincy Street, where ther-e would be no (0- feet) setback. Therefore, a variance is required for the section of the proposed fence that fronts on Quincy Street. I 2. 3. The size and construction of the proposed fence would be inconsistent with zoning restrictions. Solid fences which are a maximum of three feet high, measured from the ground on which the fence stands, are permitted fro:m the twenty-foot setback line, to the street right-of-way. Open rail fences, a maximum of four-feet six inches are peJ::-mitted where the rails and posts constitute not more than one-third of the fence area. This would permit a rail fence that is 66% open. The proposed fence cannot be considered to be a rail fence. The proposed fence would be 6-feet high, and would be constructed so that the bottom- 4-feet woul~ be of lattice construction (please Sée attached drawing). As such, the fence would be painted white, and is intended to enclose a private patio area. I Due to the high volume of tourist pedestrian traffic adjacent to the subject property, a greater need for privacy exists than pertains gener~~l~ The applicant states that construction of a brick chimney necessi tates the rear setback variance. According to the applicant, the house at present does not havo a legal chimney. The current fireplace location can only acGommodate a metal I I 6. 7. 8. 5, MINUTES OF THE REGULAR SESSION OF AUGUST 7,1990, Cont. chimney as a brick chimney would need to go through a hip rafter. In addition, the applicant feels that even if physically possible, a metal chimney would be inappropriate in a house that is 100 years old. The applicant states that in order to relocate the chimney, existing covered access to the basement would need to be eliminated. As a result of the relocation, the applicant proposed to cover an existing external staircase to the basement. This enclosure of the stairway is what requires a variance from re!ar setback requirements. Conclusions 1. The proposed variance would not amount to a rezone, constitute a change in the district boundaries. nor 2. Special conditions and circumstances exist which are peculiar to the land that are not applicable to other lands in the same district. A literal interpretation of the provisions of title 17 would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the district. The surrounding district is not in general compliance with the rear setback standard of twenty-feet. Many of the buildings have less than the currently required rear setbac}~. The rear setback of these structures are a legal, non-conforming conditions that was in existence prior to the enac1:ment of the Port Townsend zoning code of 1971. As non-standard rear setbacks are the norm, not the exception, the variance would not if granted, confer a special privilege to 'the subject property that is denied to other lands in the same district. 3. 4. The proposed fence would not be consistent with t,hose in the surrounding district. If constructed as design~ad it would confer a special privilege to the subject property that is denied to other lands in the same district. 5. The granting of the variance will not be detrimental to the public welfare and injurious to the property of improvements in the vicinity. The variance, if granted, would be inconsistent with the zoning code purpose set forth in Section 17.04.020 of the Port Townsend Municipal code. The reasons set forth in the above-referenced application justify granting the variance. The variance is ne~aded to make reasonable use of the land. The granting of this variance would be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code. In consideration of the aforementioned findings and conclusions, the City Council finds that the above-referenced application be granted as conditioned. I Any fence constructed high than 3' shall be setback at least 50' from the Clay Street Right-of-way. Variance Application No 9005-07 -Kaiser. Mr Hildt reviewed the findings, conclusions and conditions of the Planning commission. Mayor Shirley opened the hearing to the public. Gary Kaiser was recognized and spoke in favor of the variance. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. During the lengthy discussion, Councilmember McCulloch referred to a let:ter written by Melvin Hopper on August 3, 1990, to the Council in her care 1. 6 4. MINUTES OF THE REGULAR SESSION OF AUGUST 'j', 1990, Cont. requesting that the ground be thoroughly ana:.yzed for chemical contamination and the safety of the neighboring building be apprised and reported on before a building perm:.t for this project is issued. Councilmember McCulloch stated that this should be turned over the Building and planning Department as it did not refer to the parking variance. After further discussion, Councilmember Kenna made a motion that the Council adopt the following findings, conclusions and conditions and grant Variance Application No 9005-07 which was seconded by Councilmember Jones and passed unanimously by voice vote. I Findings 1. The applicants originally proposed (6/2 B/90) to build a commercial building of approximately 6001) square feet for general retail space. Re-design was submiti:ed to the Planning Commission on July 12, 1990, for further consideration based on 3,795 of gross square footage. This ed te is located on Water street between the Green Eyeshade and Alaska Power Building (no street address has been assignHd). The applicant seeks a variance from Section 17.30.020 of the City's Zoning Code for providing for off-street parking. The subject property is located in the C-III Historic Downtown District. The subject property falls ju;t outside of the jurisdiction of the Shoreline Management l~ct (207 feet from the ordinary high water mark). It is adjacent to commercial/ retail uses on both sides and will house gl~neral retail uses with various tenant(s). There will be a main floor at street level and a mezzanine. The proposed building will have an alleyway between it and the Green Eyeshade and a deck facing the Seafirst parking lot. The proposed building will cover approximately 75% of the lot (including dHck and alleyway). the lot is currently vacant and barren ,axcept for ground vegetation. I 2. 3. According to section 17.30.020 off-street parking and loading areas shall be provided in accordance with the minimum requirements provided in this title whenevI:!r any building is constructed, erected, relocated or expanded. Construction of proposed building for retail uses under thl:! said title would require: if less than 5,000 sq. ft. floor area @ 1 space per 300 sq ft gross floor area. As per revised plans, based on 3,794 sq. ft. of retail space, using the above formulas, 12.65 off-street :?arking spaces are required. However, under section 17,30.200 commercial zones within the National Historic District, the parking requirements may be reduced to seventy percent (70%) of the requirements which otherwise apply if the Historic Preservation commission finds the design of the proposed project contributing to the Historic District. The Historic Preservation Committee has deemed the proposed project as contributing to the Historic District. Based on the above, the parking requirement::; would be reduced to 9 spaces. In addition, the applicant has obtained 3 spaces to lease from Seafirst bank. The applicant is still six spaces short of meeting the parking requirement under the zoning code. I It is estimated that the basement of the proposed building could accommodate up to 14 parking spaces. Basement parking was not pursued be the applicant due to problems of access and cost considerations. I I I 3. 7 MINUTES OF THE REGULAR SESSION OF AUGUST 7,1990, Cont. 5. Various options are available to the applicant t:o meet the parking requirements under Section 17, such as: a. the applicant can provide ingress and egress from Water Street via a curb cut to a basement garage. However, there is an existing Jefferson County transit stop at this location. b. an easement can be sought from the adjacent Seafirst Bank parking lot to a basement garage. This option was explored by the applicant, but Seafirst will not agree to the easement (see attached letter from Seafirst dated 6/6/90) . c. a joint use agreement may be possible between the proposed retail use which requires parkinq primarily during the day and a use which requires parking primarily during the night. d. the applicant can pursue off-site parking within or adjacent to the Downtown Parking District (not more that 200 feet from district) to meet parking requirements. the applicant can request to pay a fee into the Parking Improvement Fund in-lieu of furnishing the required parking spaces. e. 6. The applicants state that the location of the proposed site between two other buildings and the small size of the lot render practical parking access impossible and a literal interpretation of the ordinance would, in effect, deprive the applicants of the right to develop their property. The applicants also state the only way to develop the lot is by gaining relief from the parking requirements. The! applicants point out that a variance had been granted for another proposed project at this same site for similar reasons in 1979 (variance request #7906-03). 7. A mitigated determination of nonsignificance was issued pursuant to the State Environmental Policy Act on July 3, 1990. Conclusions 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. 2. Because the proposed building site is, in effect landlocked, circumstances exist that are peculiar to the site and parking requirements would impose a hardship on the owner that is not applicable to other lands in the same district. Therefore, a literal interpretation of the provisions of the Port Townsend Municipal Code would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). The variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. In respect to approval of variance #7906-03 for the same site in 1979, it should be noted that project, as defined by building permit #780-37 is not the same project as the proposed project by the Kaisers. In a similar variance matter, the City Attorney stated that a variance was not found to have any further effect, unless the present or subsequent owner essentially proposes the same type of structure which 8 MINUTES OF THE REGULAR SESSION OF AUGUST ~7, 1990, Cont. was proposed in the original application (:;ee attached letter from City Attorney dated March 28, 1988). Furthermore, the parking ordinance and zoning code have both been amended in the ten years since this previous applicat:ion. In addition, given that the applicant has pursued acquiring an easement across Seafirst Bank property, has studied and decided that an underground parking facility would be impractical, and curb cuts into Water street may be counter to the historic nature of the downtown district, a partial variance of parking requirements may be warranted. I 4. The proposed project has been redesigned to meet the recommendations of the Historic Preservation Committee. Therefore, the granting of the variance would not be detrimental to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. 5. The proposed variance, if granted with conditions, would be consistent with the current zoning code purpose language set forth in Section 17.04.020 of the Port ~~ownsend Municipal Code. 6. The reasons set forth in the above-refeJ:'enced application justify the granting of the variance, and the variance is the minimum variance that will make possible 1:he reasonable use of the land. 7. Because the granting of the variance would be in harmony with the' general purpose and intent of Title 17 (Zoning) of the Port Townsend Municipal Code, the above-rE!ferenced variance is hereby granted as conditioned: I 1. The building permit shall not be issu.~d until such time as the Historic Preservation Commission gives approval to the design details as set out in the July 10th letter from Pete Raab to the City Council. The applicants shall provide 9 off-site parking spaces either: 2. a. b. on-site; off-si te pursuant to the locatil)nal criteria set forth in Chapter 17.30 of ttLe Port Townsend Municipal Code; through a joint use agreement; fees-in-lieu pursuant to Chapter 17.30 of the Port Townsend Municipal Code. c. d. 3. The applicant and the city shall enter into an agreement in form and substance agreeable to the City and be recorded and providing that upon termination or extinguishment of any leased, joint-use or other parking, that the applicant shall otherwise prc,vide the required off-street parking spaces or pay the then-existing in- lieu fee. I ORDINANCE NO 2199 AN ORDINANCE CREATING PORT TOWNSEND MUNICIPAL CODE CHAPTER 5.90 ESTABLISHING PROCEDURES FOR PERMITTING AMBULANCE SERVICES WITHIN THE CITY AND SETTING AN EFFECTIVE DATE THEREFOR. Mr Grove gave the history of the ordinance and read the ordinance by title. Councilmember Clise made a motion that the first reading be considered the second and the third be by title only 9 MINUTES OF THE REGULAR SESSION OF AUGUST 7,1990, Cont. I which was seconded by Councilmember Camfield and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Mayor Shirley opened the hearing to the public. James (Bonzo) DeLeo was recognized and asked for the final figure for a servic,e call. Mr Groves explained that this is a licensing procedure with a license rate to the City but no set service rates. Mr DeLeo ::;tated that he hoped there would be funds available for another man at the Fire Hall. There being no further testimony, Mayor Shirley closed the hearing to the Public and turned to the Council for disposition. Councilmember Camfield made a motion that the Council adopt Ordinance No 2199 with an effective date of Septembe!r 1, 1990, which was seconded by Councilmember Westerman and passed unanimously by roll call vote. UNFINISHED BUSINESS I secondary Treatment Plant Update: ci tizen Representative to Value Engineering Study. Mr Wheeler announced that the contract has been completed with Kramer, Chinn and Mayo and that there: will be a public meeting on August 9, 1990, from 7: 00 PM to 9: 00 PM to discuss the Value Engineering Study process with the consultants. A week long workshop will be conducted the week of August 13, 1990. Those attending for the City will be Bob Wheeler, John Clise, John Merchant and Bob Nesbitt of Jefferson County. Councilmember westerman made a motion that the Council approve the appointment of Ron McElroy and Francesca Knowles be citizen Representatives to the Value Engineering Study with the city paying the 'way for one participant which was seconded by Councilmember Kenna and passed unanimously by voice vote. Mr Wheeler stated that there are other steps being taken with the treatment plant because of the time limit set by the Department of Ecology and introduced Dave Peterson, CH2M Hill, who gave an update to the site plan and SEPA checklist for the plant. Mr Wheeler stated that a variance for setback on the side streets and for lot coverage will be required and will be before the Planning commission in September contingent upon the Value Engineering Study. Street Standards Interim Ordinance Public Hearing Set. Mr Harper explained the draft ordinance. Councilmember Jones made a motion that a Public Hearing be set for September 4, 1990, for the Draft Street Standards Ordinance which was seconded by Councilmember Westerman and passed unanimously by voice vote. COMMITTEE REPORTS/STAFF REPORTS Street/Storm Drainage/Light. Councilmember Jones made a motion that All City Autobody be authorized to cut the cedar tree on the west side of Logan street and clear the brush which was seconded by Councilmember Owsley and passed unanimously by voicE~ vote. The madrona trees will be looked at after this is done. I Councilmember Jones reported that the Committee had reviewed the SEPA checklist for the Storm Drainage project. Mr Wheeler stated that there is still some more work to be done on the checklist but they would like to move ahead with the Washington Street portion of the project and consider some road improvements in t:hat area at the same time. A discussion of curbs, gutters and sidetJl7alks in the area ensued. Councilmember Jones also reported the Committee had discussed the letter from Mary Tudor regarding traffic problems on Polk Street and suggests that automobile stops be installed to kee:p cars from parking on the sidewalk in front of the credit union building. 10 MINUTES OF THE REGULAR SESSION OF AUGUST í', 1990, Cont. Councilmember Jones reported that the Committee :recommends that the letter from Mary Rutherford be referred to the Washington cities Insurance Authority. Finance. Councilmember Owsley reported that tho Committee had met and discussed the Union Wharf plans and had no recommendations as yet. I Communi ty Services. Councilmember Westerman stated that the fourth draft of the garbage ordinance and contract ha:; been written and that the first negotiation with the contractor will be on August 10, 1990. Watershed Advisory Committee. Councilmember McCulloch made a motion that the Mayor direct the Public Works Director to issue a request for proposals to qualified consulting firms for the preparation of a watershed control program. This document should fulfill the requirements of Federal and State :::-egulations as the exist and as they are developed in the future. The process of preparing this plan should include public participation wherever possible. It is our recommendation that the plan be scheduled for completion by the summer of 1991, with due con::dderation paid to pertinent performance dates as they evolve out of state regulations. The motion was seconded by Councilmember Owsley and passed unanimously by voice vote. Legislative/Environmental. Councilmember Kenna made a motion that the Council issue a mitigated determination of nDnsignificance for Quimper Credit Union's rezone application as follows which was seconded by Councilmember Jones and passed una.nimously by voice vote. 1. Undertake a traffic study to asses alternatives for access to the proposed rezone property, with a special emphasis on Hill Avenue, 12th Street and Sims Way access po:Lnts. Work with the Gateway Project's consultants traffic recommendations and comply with the Draft Gateway Design Guidelines, or the guidelines ultimately approved by the City Council. I 2. 3. The applicant will submit a storm drainage plan for the entire site, designed by a civil engineer, for the approval of the Public Works Director prior to construction. Councilmember Kenna made a motion that the Council issue a mitigated determination of nonsignificance for Bracken's Addition housing units proposeq by Joe Campbell as follows which was seconded by Councilme~er Jones and passed unanimously by voice vote. 4. 1. An easement shall be obtained by the applicant from Jefferson County to cross the fairgrounds property for sewer connections or the proposed sewer must connect to the Jackman street sewer. 2. Applicant will comply with the attached site plan (dated August 7, 1990), as approved by the Public Works Director. I 3. Site plan and construction activities will preserve as much native vegetation and trees as is reasonably possible. Install one or more fire hydrants, if deemed necessary by the Fire Chief, in conformance with the UniforIT. Fire Code. Councilmember Kenna set a meeting of the Committee for August 21, 1990, at 6: 30 PM for the City Storm Drainage Checklist and the Proposed Street Standards Ordinance. 11 MINUTES OF THE REGULAR SESSION OF AUGUST 7,1990, Cont. McCurdy Pavilion. Mayor Shirley noted the invitation to the ribbon cutting ceremony for the McCurdy Pavilion on August B, 1990, at 7:00 PM. NEW BUSINESS I RESOLUTION NO 90-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING AN ADDENDUM TO CONTRACT WITH ECONOMIC DEVELOPMENT COUNCIL. Mayor Shirley explained the resolution. Councilmember Clise made a motion that the Council adopt Resolution No 90-78 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Modified Conditional Use Permit 8901-03 and Modified Conditional Use Permit 9004-01. Mr Harper explained the modification is to extend the period of time for which an occupancy permit can be issued. Councilmember Owsley made a motion that 1:he Council approve the Modified Conditional Use Permit 8901-03 and Modified Conditional Use Permit 9004-01 which was seconded by Councilmember Jones and passed unanimously by voice vote. ORDINANCE NO 2200 I AN ORDINANCE AMENDING ORDINANCE NO 1775 PERTAINING TO THE VACATION OF CERTAIN STREETS, BY SPECIFYING THE WIDTH OF THE UTILITY EASEMENTS THEREIN RESERVED, AND ESTABLISHING AN EFFECTIVE DATE. Mr Harper explained the ordinance. Mr Grove read the clrdinance by title. Councilmember Camfield made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No 2200 which was seconded by Councilmember Jones and passed unanimously by roll call vote. RESOLUTION NO 90-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A SECOND AMENDMENT TO THE TOWNSEND MEADOWS PLANNED UNIT DEVELOPMENT AGREEMENT NO 587-03. Mr Harper explained the resolution. Councilmember Jones made a motion that the Council adopt Resolution No 90-79 which was seconded by Councilmember Westerman and passed unanimously by voice vote. STAFF COMMENTS I Waterline Break. Mr Wheeler reported that a waterline break in the six-inch line that serves the Sea Galley was fixed in an hour and a half and was unrelated to the previous mainline break in Water street. Seaview Sewer Local Improvement District 1. Mr Wheeler announced that insurance problems have been resolved and that construction should start on the project on August 13, 1990. Survey requirement at time of Building Permit. Mr Hildt reported that some cities in the area require a survey at the time a building permit is issued but most do not according to a telephone 12 MINUTES OF THE REGULAR SESSION OF AUGUST 7, 1990, Cont. survey conducted by staff. Also, some require that the surveys or plot plans show trees over a certain size. It was the consensus of the Council that an ordinance be prepared requiring a survey but authorizes staff to waive it in cases where it is obvious that it is not needed. COUNCILMEMBERS GENERAL DISCUSSION I Urban Waterfront Design Event. Councilmember Klanna questioned if any other Councilmembers or staff will be attending the Design Event. It was the consensus of the Council to recess this meeting to the Port Townsend Yacht Club to conform to the Public Meetings Act. Department of Ecology Letter. The Council ]~equested that an article be written in the newspapers informing the public of the deadlines set by the Department of Ecology for the Secondary Treatment Plant construction. Mayor Shirley stated that the Department of Ecology had indicated that thE~ newspapers were contacted directly. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session at 10:35 PM to discuss acquisition of real estate including Keith Harper, David Grove, Robert Wheeler and Michael Hildt. The meeting was reconvened at 10:43 PM. NEW BUSINESS RESOLUTION NO 90-80 I A RESOLUTION AUTHORIZING THE MAYOR OF 'rHE CITY TO ACCEPT THE COUNTER-OFFER FOR THE PURCHASE OF LOTS 1 THROUGH 4, BLOCK 11, CA]~IFORNIA ADDITION TO THE CITY OF PORT TOWNSEND, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND DISBURSE ANY FUNDS NBCESSARY TO CLOSE THE PURCHASE AND SALE. Councilmember Camfield made a motion that the Council adopt Resolution No 90-80 which was seconded by CouncJ.lmember Clise and passed with six Councilmembers voting in the~ affirmative and Councilmember Westerman voting against the motion. RECESS Mayor Shirley recessed the meeting until 5:00 PM on August 9,1990, to the Design Event at the Port Townsend Yacht Club at 10:45 PM. REGULAR SESSION OF AUGUST 7,1990, COUTINUED The meeting was reconvened at 5:30 PM at the Port Townsend Yacht Club on August 9,1990. Mayor Pro-Tem Kenna called the meeting to order with Councilmembers Camfield, Jones, Ken~a, McCulloch and Westerman in attendance. NEW BUSINESS I Urban Waterfront Design. of the Urban Waterfront. A discussion ensued about potential uses RECESS The meeting was recessed until 1:30 PM August 10, 1990, by Mayor Pro-Tem Kenna at 10:30 PM. 13 MINUTES OF THE REGULAR SESSION OF AUGUST 7,1990, Cont. I REGULAR SESSION OF AUGUST 7, 1990, CONTINUED The meeting was reconvened at 1:35 PM at the Port Townsend Ya<;=ht Club on August 10, 1990. Mayor Pro-Tem Kenna called 'the meetlng to order with Counci lmembers Camf ield, Jones, Kenna and ~~~;:¿~~/5lR in attendance. CONTINUED BUSINESS Urban Waterfront Design. Discussion continued. thanked all the Participants for their time and Mayor shirley efforts. ADJOURNMENT There being no further business, Mayor Pro-Tem Kenna declared the meeting adjourned at 4:50 PM. Attest: Mayor )~~- Clerk-Treasurer I MINUTES OF THE REGULAR SESSION OF AUGUST 21,1990 The City Council of the City of Port Townsend met in regular session this Twenty-first Day of August, 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield, John Clise, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Councilmember Vern Jones was excused. Also present ~{ere Clerk- Treasurer David Grove, City Attorney Keith Harper, Public Works Director Robert Wheeler and Director of Planning and Building Michael Hildt. PUBLIC COMMENTS Mium Rubin-Crump was recognized and requested a resolution for Council approval in concept of a Farmer's Market grant application through the State Department of Community Development's Hural-Urban Linkages Program to be located in downtown Port Townsend. CONSENT AGENDA I Councilmember Owsley made a motion to approve the following items on the Consent Agenda which was seconded by CouncilmembE:!r Camfield and passed unanimously by voice vote. Approval of the Minutes for August 7, 1990, as correct:ed without reading. Councilmember McCulloch was present on the afternoon of August 10, 1990, instead of Councilmember Westerman. Approval of the following Bills and Claims: Current Expense Street $ 58,499.71 5,300.~:2