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HomeMy WebLinkAbout11/06/1990 66 MINUTES OF THE REGULAR SESSION OF OCTOBER 16, 1990, Cont. I recapped the "to do" list: Mr Trace will produce a parking layout~, the parking leases will be copied for Council, Mr Hildt will revi€~w the Buhler Conditional Use Permit, Mr Harper will check into a bond or financial security if a parking garage is not built within the stated term. Lease Agreement. Ms Wilson reviewed the latest proposed Union Wharf Lease and Development Agreement dated October 23, 1990, indentifying recent changes. A discussion ensued about changes in the plans and conditions wi thin the agreement. Mayor Shirle!y requested that Mr Phillips explain the formula used for calculating the lease rate, which he did. I councilmember Westerman listed her concerns for further discussion: how much staff time this will take, a performance bond/construction schedule, page 18, b, "partial taking" and page 27 "leasehold" mortgage page 21.4 "defaults". This concludes the discussion of the Union Wharf Agreements. OTHER BUSINESS Out of State Travel. Councilmember Kenna made a motion that the Council authorize City Attorney Harper to travel to Victoria, BC, for a two-day conference for City Attorneys which was seconded by Councilmember Westerman and passed unanimously by voice vote. Fort Worden/Chinese Gardens. Councilmember Camfield requested that the Council send a letter to Fort Worden State Park for the public hearing for the proposed Recreational Vehicle parking in the Chinese Gardens area of the park. This will be taken up at the November 6, 1990, Council meeting. ADJOURNMENT I There being no further business, Mayor Shirley declared the meeting adjourned at 12:11 AM. Attest: ~~) Mayor ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990 The City council of the City of Port Townsend met in regular session this sixth day of November 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, ci t~y Attorney Keith Harper, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. OTHERS PRESENT Bart Phillips, Economic Development Council, Wally Trace, Union Wharf Associates, Mike Schumacher, Attorney representing Union 67 MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990, Cont. \, Wharf Associates and Barbara Wilson, Attorney representing the City of Port Townsend. UNFINISHED BUSINESS I Conditional Use Permit 8912-08 -Discovery View Associates. Mr Hildt explained the changes to the project. After discussion by Council, Paula Macarow and Joshua Sage were recognized individually and requested a public hearing by Council with input from the neighbors. Councilmember Clise made a motion that a hearing for Discovery View Associates be set for November 20, 1990, which was seconded by Councilmember Jones. Lynn Brand, DevelopE!r and David Haynes, Architect were recognized individually and spoke regarding the financing, deadlines, density, parking and road improvements of the project. After discussion, the motion passed unanimously by voice vote with six Councilmembers voting. Councilmember Camfield did not take part in the discussion or vote. PUBLIC COMMENTS Ruth Fisher was recognized and urged the formation of a Local Improvement District for the improvement of 57th StreE~t. Frank D'Amore was recognized and responded to a letter from the Union Wharf Associates regarding the declaration of non- significance for the environmental checklist for Union Wharf, eel grass and laminaria, and SEPA rules. I Fred Apstein, Port Commissioner, was recognized and stated that the eelgrass issue is what stopped the enlargement of the Port of Port Townsend Marina. Margaret Caro was recognized and stated her concerns about the Townsend Meadows Development and recommended that all permits should be re-applied for. Greg Bennett was recognized and stated his concerns about the Townsend Meadows development and that a "deal" should not be negotiat~d with Mark Johnson without public input. Sally Holm was recognized and stated her concerns, about the Townsend Meadows development especially the pond aœea of the project. Etta Roth was recognized and stated her concerns about "the wetlands problems at the Townsend Meadows development and the flood plan for the area and requested that the topsoil be redistributed across the land as soon as possible for erosion control. Donn Trethewey was recognized and read his letter opposing the idea of a mall at the Union Wharf project. I Monica Mick-Hager was recognized and distributed her letter from the last Council meeting and stated her concerns about 'the legality of the city renting the land for the Union Wharf Project and issuing permits, the parking and traffic issue, eelgrass and a new environmental checklist and statement. Penny Odom was recognized stated her concerns that the uses of Union Wharf will no longer be marine oriented and recoJnmended that the project be sent back to the Shorelines Commission. Marsha DeChadenedes and stated her observation that 1:he eelgrass is about .6 of an acre which is the same size that stopped the Port Boat Haven project .- 68 MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990, Cont. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice vote. Approval of the Minutes for October 2,1990, and October 16,1990, as amended without reading. The amendments arE! as follows: I On page 41 In the middle of the page after the recess, Councilmember Owsley's motion was not to delete the entire finding #3 as indicated, but rather to delete the works: "all buildings would have one floor and that". The finding would then be listed as #3 near the bottom of the page and findings 3,4, & 5 would be renumbered to 4,5, & 6 respectively. Thus the finding number 3 would correctly read as follows: "3. The improvements to the sewage tr~~atment plant proposed by the applicant involve the construction of an additional digester, chlorine contact basins, secondary clarifiers, and headworks and sep.t:.age receiving facili ty, oxidation ditches, and an add,i tion to the existing control building. The applicant also proposes to provide an additional access road to the site. The applicant states that the oxidation ditches and secondary clarifiers would be uncovered. The propclsed expansion of the treatment plant is required by the federal Environmental Protection Agency and Was::lington State Department of Ecology water quality regulations." I On page 43 At the top of the page the wrong wording for conjition #6 was typed in because the clerk picked up the recommended 'Tersion rather than the adopted version which should have read as follows: "6. If a building permit or occupancy permit is not obtained for the subject project within one year of the boards decision, the conditional use permit shall be cancelled and automatically become null and void." Approval of the following Bills and Claims: Current Expense Street Library Library Renovation and Construction Park Arterial Street Hotel/Motel Emergency Medical Services Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Approval of Appointment: $ 93,642.35 8,756.21 4,240.32 8,721.77 1,412.73 80,128.70 17,274.99 2,507.06 12,846.50 45,562.52 3,493.50 7,265.85 385.47 $286,237.97 I Robert Lytle to the Parks Board for a term to expire December 31, 1991. 69 MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990, Cont. Communications: A letter dated October 8, 1990, from Karen E Archer and signed by four others making a formal complaint about a former neighbor was copied for Council and referred to the City Attorney. I A letter dated October 15, 1990, from David B Haynes, AIA, Architect, citing changes made to the site plan for Discovery View was copied £or Council. A letter dated October 20, 1990, from Donald A Barr, to Dennis Smi th, Assistant Director, Administrative Services, Washington State Parks and Recreation Commission stating objec1:ion to the proposed development of the Chinese Gardens property in Fort Worden was copied for Council. A letter dated October 21,1990, from William Smothers stating his comments concerning the proposed Urban Waterfront Plan was copied for Council and referred to the Public Hearing on the {Jrban Water- front Plan. A memorandum dated October 23, 1990, from Michael Anderson, NTI, on behalf of the property owners along 57th Street including a peti tion for the creation of an Local Improvement District for paving 57th street was copied for Council and refer~ed to the city Attorney. A memorandum dated October 23, 1990, from Bart Phillips, Economic Development Council, giving background to the Lease Rental Rate for Union Wharf was copied for Council. I A memorandum dated October 23, 1990, from Bart Phillips, Economic Development Council, outlining Union Wharf Associates: compliance with the major conditions of the Shoreline Substantial Development Permit was copied for Council. A letter dated October 24, 1990, from Donald J Bales, Shoreline Specialist, Department of Ecology, requesting material for the City of Port Townsend Permit SDP88-0020 and Shoreline Substantial Development/Conditional Use/Permit 1990-11679 for the secondary treatment facility was copied for Council. A memorandum dated October 24, 1990, from Mr and Mrs S A Nelson stating their concerns regarding the Urban Waterfront Plan was copied for Council and referred to the Public Hearing on the Urban Waterfront Plan. A letter dated October 27, 1990, from Loreen Sutherland, Owner/ Manager, Magic Touch Business Center requesting a 15 minute parking space for the US Postal Substation was copied for Council and referred to the Street/storm Drainage/Light Committee ,. I A letter dated October 29, 1990, from Michael W GendIE~r, Bricklin and Gendler, with notification of the Sensible Sewage Solutions for Port Townsend intent to commence a judicial appeal was copied for Council and referred to the City Attorney. A letter dated October 29, 1990, from Frank D' Amore sta1:ing reasons for withdrawing the declaration of non-significance for the Union Wharf was copied for Council and referred to UnfinishE~d Business. A letter dated October 30, 1990, from Michael F Schumacher enclosing his legal opinion regarding the declaration of non- significance that was issued for the Union Wharf redevE:!lopment was copied for Council and referred to Unfinished Business. An Environmental Checklist dated October 30, 1990, from Harold DeJong to build a one story home to be used as a primaJ~y residence 70 MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990, Cont. on pierce Street 1/2 block sout.'h of Washington Street was copied for Council and referred to the Legislati ve/Environmental Committee. A letter dated October 30, 1990, from Jennifer B:Lomgren stating her concerns regarding Townsend Meadows was copied for Council and referred to the Legislative/Environmental Commjttee. I A memorandum dated October 30, 1990, from Beverly Shelton, Librarian, requesting changes to the library construction budget was copied for Council and referred to the Finc,nce Committee. A letter dated October 31, 1990, from Greg B :mnett stating his concerns regarding the Townsend Meadows pro¡>osed Planned Unit Development was copied for Council and referred "to the Legislative/ Environmental Committee. A letter dated October 31, 1990, from Margar~: Caro stating her concerns regarding the Townsend Meadows pro¡:osed Planned Unit Development was copied for Council and referred 'to the Legislative/ Environmental Committee. A letter dated November 1, 1990, from Brent Shirley to Peg Lewis thanking her for her service on the Gateway SteE~ring Committee was copied for Council. A memorandum dated November 2, 1990, from :3heridith Robison, Executive Director, Main Street Project requesting an amendment to the professional services agreement with the Ci":y of Port Townsend was copied for Council and referred to the Fimmce Committee. A letter dated November 2, 1990, from Sally Holm stating concerns about the Townsend Meadows project was copied for Council and referred to the Legislative/Environmental Committee. I This concludes the Consent Agenda. PUBLIC HEARINGS Rezone Application 9007-02 -Ouimper Credit Union. Councilmember Kenna reported on the meeting of the Legislclti ve/Environmental Committee. Mr Hildt summarized the status of 1:he project and the problem with the traffic plan. After a :Lengthy discussion including comments by Gerald Hickman, Presiden1: of Quimper Credit Union, Councilmember Clise made a motion that 1:he Council approve a contract rezone for the Quimper Credit union property with the following conditions which was seconded by Councilmember Jones. Aft~r discussion, Mayor Shirley asked the P'lblic for any new information. Harley Bussart was recognized a:ld stated that his objection is the same as before. There being no further comment, the motion passed unanimously by voice vote. Conditions: a. Building height limited to thirty feet, determined in the same manner as in single-family zoning. I b. Vehicular access exclusively from Hill Straet or 12th street. No vehicular access permitted to 10th StrE~et. No building permits may be issued until a traffic study has been conducted and a specific plan adopted which serves all of Lots 23-32, Block 31, Eisenbeis Addition. Any building permi ts issued to be conditioned to the t]~aff ic plan. c. d. Applicants waive any categorical exemption from the Washington State Police Act (SEPA, RCW 43.21C) whi,:::h might otherwise apply to project proposals within the rezone area. I I I 5. 6. 71 MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990, Cont. e. Use is restricted to a financial institution or credit union. UNFINISHED BUSINESS Union Wharf Lease. Parking Agreement. and Interlocal Agreement. Mr Phillips reported on the Interlocal Agreement and whether the County will continue to be involved. Ms Wilson summarized the changes to the Union Wharf Lease, some of which were discussed indi vidually. A lengthy discussion of portions of the lease ensued including the Councilmembers, Mr Harper, Mr Hildt, Mr Phillips, Mr Schumacher, Mr Trace and Ms Wilson. The parking agreement was discussed at length including leases and parking diagrams. A lengthy discussion of eelgrass and an amendment to the Deter- mination of Non-significance ensued. Fort Worden State Park Use of Chinese Gardens. Councilmember Camfield reported on the plans of the Fort Worden State Park use of the Chinese Gardens property and future plans for the park. Virginia Wolfe, Marsha Rasmussen, and Kathryn Jenks wer-:! recognized individually and spoke giving reports on a petition sent to the state, the state plans for the property, stating concerns about the use of the property, preserving wildlife habitat and a letter from Mrs Chebuhar regarding the property. Mayor Shirley announced a meeting on November 16, 1990, at 9:00 AM with the Stat:e Parks and requested that Councilmember Camfield also attend. Conditional Use Permit 8910-03 -Port of Port Townsend,. Council- member Kenna made a motion that the Council adopt the following mitigated measures for a declaration of non-significance for the Port Townsend Business Park rezone application which ~Tas seconded by Councilmember Jones and passed unanimously by VOiCE! vote. 1. A transportation Master Plan shall be submitted and approved by the Public Works Director. The plan shall de!termine the best access to the property. Streets connecting to Sims Way and other City streets shall comply with the City Street Standards and recommendations of the Gateway projE:!ct or those ultimately approved by the City Council. 2. Prior to construction or grading, a drainage master plan shall be prepared and approved by the Public Works Director. The Plan should detail on-site detention practices, biofiltration of storm water, and the use of existing drainage swales. 3. Prior to construction or grading, a utilities mas1:er plan for the site shall be prepared and approved by the Public Works Director. All utilities will be placed underground and be connected to nearby existing underground utilities. Design of water improvements shall include protection of 1:he existing 16" water trunk main which crosses the site as well as provide sufficient water flow for fire protection for industrial buildings. 4. Building heights shall be limited to 24 feet on parcels adjacent to the perimeter of the site. A 35 foot height limit will be allowed for interior lots, if buildings are not visible from adjacent properties. . A bermed, 30-foot-wide landscaped buffer shall be planted and maintained to provide a screen and continuous backdrop of evergreen trees behind the commercial buildings which abut' Sims Way. The entrance of the Industrial Park shall incorporate landscaping, lighting, signage and surface textur_:!s ~~çording to the Gateway Design Guidelines. 72 MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990, Cont. 7. In the event that future development of the Industrial Park increases vehicle trip generation or safety concerns enough to warrant traffic signalization at thE! entrance of the Industrial Park, the property owners s:1all provide said improvements, proportional to the proje::::t's vehicle trip generation. 8. Subsequent owners or lessees shall comply with the above conditions. In addition, development of individual parcels shall preserve the existing vegetation to the maximum extent feasible. I Councilmember Kenna made a motion that the Council give the Port of Port Townsend permission to install a temporary office space on Benedict Spit and that the interim period begin in November 1990 and extend to November 1991 which was seconded by Councilmember Westerman and passed unanimously by voice vote. COMMITTEE REPORTS/STAFF REPOR']'S RESOLUTION NO 90-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DECLARING THE INTENTION OF THE COUNCIL TO ORDER THE ¡'ORMATION OF A LOCAL IMPROVEMENT DISTRICT FOR THE CONSTRUCTION AND INSTALLATION OF ADDr~IONS AND BETTERMENTS TO CERTAIN STREETS WITHIN THE CITY WITHIN THE BOUNDARIES OF SAID PROPO~ED LOCAL IMPROVEMENT DISTRICT; SETTING FORTH THE NATURE AND TERRITORIAL EXTENT OF SUCH PROPOSED IMPROVEMENTS; DESIGNATING THE NUMBEH OF THE LOCAL IMPROVEMENT DISTRICT; DESCRIBING THE BOUNDARIES THEREOF; STATING THE ESTI~~TED COST AND EXPENSE OF THE IMPROVEMENTS AND THE AMOUNT THEREOF PROPOSED TO BE BORNE BY THE PROPERTY WITHIN THE PROPOSED LOCAL IMPROVEMENT DISTRICT; AND FIXING A DATE, TIME AND P~CE FOR A PUBLIC HEARING ON THE FORMATION OF THE PROP08ED LOCAL IMPROVEMENT DISTRICT. I Councilmember Jones made a motion that the Council adopt Resolution No 90-106 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Finance. Mayor Shirley set a meeting of the Finance Committee for November 12, 1990, at 5:00 PM. street/storm Drainage/Light. Councilmember Jones set a meeting of the Street/Storm Drainage/Light Committee for November 14, 1990, at 5:00 PM. Water/Sewer. Councilmember McCulloch set a meE~ting of the Water/ Sewer Committee for November 13, 1990, at 4:00 PM. NEW BUSINESS I ORDINANCE NO 2212 AN ORDINANCE AUTHORIZING THE LOAN OF' THE SUM OF $135,000 FROM THE WATER-SEWER FUr;U TO THE HOTEL/MOTEL TRANSIENT TAX FUND AND THE SUM OF $70,000 FROM THE WATER-SEWER FUND TO THE LIBRARY RENOVATION AND ADDITION FUND AND PROVIDING FOR REPAYMENT. I I I 73 MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990, Cont. Mr Grove explained the ordinance and read it by title. Council- member Kenna 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 K.3nna made a motion that Ordinance No 2122 be adopted which was seconded by Councilmember Jones and passed unanimously by roll call vote. . ORDINANCE NO 2213 AN ORDINANCE PERTAINING TO THE REGULATION OF AMBULANCE SERVICE WITHIN THE CITY OF PORT TOWNSEND BY AMENDING SECTION 2 OF ORDINANCE NO 2199 AS AMENDED BY ORDINANCE NO 2203 PERTAINING TO THE EFFECTIVE DATE OF ORDINANCE NO 2199. Mr Grove explained the ordinance and read it by title,. Council- member Clise made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Kenna and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Clise made a motion that Ordinance No 2213 be adopted which was seconded by Councilmember Camfield and passed unanimously by roll call vote. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 1:23 AM. ~ Mayor Attest: i14~ Clerk-Treasurer MINUTES OF THE SPECIAL SESSION OF NOVEMBER 19,1990 The meeting was called to order by Mayor Brent S Shirley at 7: 00 PM on November 19, 1990, in the High School Auditorium of the Port Townsend High School. ROLL CALL councilmembers present at roll call were Jean Camfield, John Clise, Michael Kenna, Julie McCulloch and Sheila Westerman. Shortly after Roll Call, Councilmember Vern Jones arrived. Also present were Rick Sepler, Project Manager, Dave Robison, Staff Planner and Michael Hildt, Director Planning and Building. OTHERS PRESENT Others present were Planning Commission Members KarE!n Erickson, Ron Kosec, Sally McDole, Jim Roberts and Lois Sherwood. PUBLIC HEARING Mayor Shirley introduced the Councilmembers and Plannin9 Commission Members to the Public and explained the agenda. Councilmember Kenna acknowledged those who have worked on the Plan and stated the appreciation of the Council and Planning Commission. Mr Sepler explained the Waterfront Plan and the process it has c~one through to this point. Mayor Shirley opened the hearing to t:he Public.