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HomeMy WebLinkAbout12/04/1990 90 MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990 The City Council of the City of Port Townsend met in regular session this Fourth day of December, 1990, at 6: 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, Vern Jones, Julie McCulloch, Norma Cwsley and Sheila Westerman. Councilmember Kenna arrived at 7:00 PM. Also present were Clerk-I- Treasurer David Grove, City Attorney Keith Harper, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. OTHERS PRESENT others present for the Urban Waterfront Plan discussion were Rick Sepler, Dave Robison, City Planners and Darlene Bloomfield, Administrative Assistant. PRIORITY ITEM Urban Waterfront Plan. councilmemì:er Owsley left the Council Chambers. Mr Sepler listed all the documents needed by the Councilmembers for this item. Mr Hildt explained the recommended amendments of the Planning commission and in a memo from Mr Sepler and himself individually. After a brief discussion, Councilmember Clise made a motion that the Council adopt the first amendment to the draft plan as recommended by the Planning Commission which was seconded by Councilmember Camfield and passed unanimously by voice vote. The amendment follows: The "Waterwalk" section of the Preferred Al ternati ve should be amended to acknowledge existing private property lines, and the rights of property owners to control public access. The I11ap of the "Waterwalk" appearing on pp. 85 - 86 should be relabeled to reflect the conceptual nature of the project at this time. In addition, text should be adjed that specifically describes the planning process that will be used to design the actual trail. This written description of the process should include a comprehensive policy on the acquisi tion, lease, or creation over time of public access along the shoreline. I After a brief discussion, Councilme~Jer Clise made a motion that the Council adopt the second recommendation of the Planning Commission to the draft plan which was seconded by Councilmember Jones and passed unanimously by VOiCE! vote. The amendment follows: Create a citizen-based design process to involve the community in the design of the Town Common; eliminate the following text on P. 17 #3 "... through the use of special paving. .. ." After a brief discussion, CouncilmeIllber McCulloch made a motion that the Council adopt the following amendment to the draft Planl- which was seconded by Councilmenber Westerman and passed unanimously by voice vote. The amendment follows: Replace text on page 17, Project: #5 to read: .. Add distinctive landscaping at each of the two triangles to help establish an identity for the crossroads triangle area and to emphasize the linkage wi th the Kah Tai Lagoon, the Kearney Street-end view point and the waterwalk trail system." I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 4,1990, Cont. After a brief discussion, councilmember Westerman made a motion that the Council adopt the following amendment to the draft plan which was seconded by Councilmember Camfield and passed unanimously by voice vote. The amendment follows: On page 48, Policies and Programs #5 to read: "...highwater mark on Admiralty Inlet." Discussion of the proposed acquisition of the Thomas oil site was deferred. After a brief discussion, Councilmember Westerman made a motion that the Council adopt the following amendment to the draft plan which was seconded by Councilmember Clise and passed unanimously by voice vote. The amendment follows: On page 21, Project #3 to read: "The Salmon Club parcel could provide..." Councilmember Kenna arrived at this time. After discussion, Councilmember Westerman made a motion that the Council adopt the following amendment to the draft plan which was seconded by Councilmember McCulloch and passed unanimously by voice vote. The amendment follows: On page 21, project #4 to read: "Efforts should be made to secure a right of first refusal by the city for the American Legion site. Should the American Legion be offered for sale a joint..." Councilmember Westerman made a motion that the Council adopt the eighth recommendation of the Planning commission to the draft plan which was seconded by Councilmember Camfield and passed unanimously by voice vote. The amendment follows: On page 21, Project #7 to read: " . . . On the waterside, the City could provide a tree- lined Waterwalk atop the rip-rap breakwater with seating and Mediterranean docking." After a brief discussion, Councilmember Clise made a motion that the Council adopt the ninth recommendation of the Planning Commission to the draft plan which was seconded by Councilmember Camfield and passed unanimously by voice vote. The amendment follows: On page 25, Policies & Programs #1 to read: "Encourage mixed-use development which provides housing physically above retail and service use on the ground floor." After a brief discussion, councilmember Camfield made a motion that the Council adopt the tenth recommendation of the Planning commission to the draft plan which was seconded by Councilmember McCulloch and passed unanimously by voice vote. The amendment follows: Amend the title text on pp. 46 - 48 to read: "Point Hudson Properties" After discussion, Councilmember Clise made a motion thélt the Council adopt the first recommendation of the Planning ComRlission to the draft ordinance which was seconded by Councilmember 91 92 MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990, Cont. McCulloch and passed unanimously by voice vote. The amendment follows: That Alternative Map "B" be used as the Special Overlay Height District Official Map. within this alternative, two sub-areas are amended to have a maximum height limit of 35 feet. These areas are defined as: The block defined by Monroe Street, Port Townsend Bay, Jackson Street and Water Street. The block def ined by Monroe St:reet, Jackson Street, Water Street and a projected extension of Washington Street toward Point Hudson. After discussion, councilmember Kenna made a motion that the Council adopt the recommendation of the Planning Commission to the draft ordinance and include an appeal process as recommended by the Planning Staff which was seconded by CounciLmember Clise and passed unanimously by voice vote. The amendment follows: Subsection G would be added, following subsection F on page 8. G. Appeals. Any person may fiLe an appeal from the recommendations of the HPC by paying: the required fees and deposits and submitting in writing t~o the City Council the reasons for the appeal within thirty (30) days of the date the HPC issues a Certificate of Review on the matter or, in the event the Historic Preservation Commission fails to issue a certificate of Review, within thirty days after the expiration of the sixty (60) day review period pr,:>vided in subsection (E) (5), above. The fee for such an appeal shall be $250, plus the costs of any and all transcrip1:ions, photocopying and notifications required to process the appeal. At the time of filing of an appeal, the appellant shall also make a cash deposit in the amount determined by the city Clerk to defray costs. Valid appeals shall be considered and decided by the City Council as follows: 1. Within thirty (30) days of receipt of a valid appeal, the City Cler]~ shall obtain a complete record and verba1:im transcript of the proceedings before t,he HPC on the matter and distribute copil:!s of same to the City Council. The City Council shall witt,in forty-five ( 45) days of receipt of the! appeal, meet in public session to determ:Lne whether or not the record of t~he Historic preservation Commission on the matter is adequate to make a decision on the appeal. If the City council determines that the record is adequë,te, it shall then and there deliberate and decide on the appeal wi thout addi t~ions to the record of the HPC. If, hownver, the city Council determines that the record is not adequate, it shall se': forth by resolution the extent to which the record is inadequate and shall ei t~her 2. for a) b) remand the matte r to the HPC reconsideration, or set a time and place for a public hearing o~ the appeal. Public notice or the hearing I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 4,1990, Cont. shall be provided in the same manner as that required for a condi tional use permit. The city Council may limit testimony and submission of additional information on the appeal to the specific scope of inadequacy of the record cited in its resolution. 3. standard of Review. In making its decision on the appeal, the City Council shall give substantial weight to the recommendations of the Historic Preservation commission and shall adopt written findings of fact and conclusions in support of its decision. In order to grant any appeal from the recommendations of the Historic Preservation Commission, the City council must find that the Historic Preservation commission was clearly erroneous in its conclusions of that the HPC failed to adhere to the design guidelines established by this ordinance or as it may be hereafter amended. After discussion, Councilmember Westerman made a motion that the Planning Department Staff develop graphics to be attached to the Urban Waterfront Design Guidelines to more adequately describe what is meant by "small, incremental" parking lots which died from lack of a second. After a brief discussion, Councilmember Clise made a motion that the Council adopt the following amendment to the draft ordinance which was seconded by councilmember Camfield and passed unanimously by voice vote. The amendment follows: 17.yy.020 Boundaries of Districts -- Height overlay Subareas. Amend this section as follows: The Special Height Overlay District shall extend from the Waterfront to the top of the Bluff and shall be di vidE!d into ( (He:i:EJft1:-eYe~~ay-5tl'barcaB)) certain subdistricts as described in Section 17.yy.030 of this Chapter. The boundaries of the Special Height Overlay District and the Height Overlay «Sö5ðr'eðs)) Subdistricts are shown on the "Official Height overlay Map," which is hereby made a part of this title!, just as if such information set forth on the map were fully described and set out herein. The Official Height Overlay Map, attested by the signatures of the Mayor and the city Clerk, with the seal of the City affixed, shall be kept on file in the office of the building official, and shall be available for inspection by the public. After a brief discussion, Councilmember Clise made a motion that the Council adopt the following amendment to the draft ordlinance which was seconded by Councilmember Camfield and passed unanimously by voice vote. The amendment follows: 17.yy.030 Development Standards Replace with the following: 93, 94 MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990, Cont. A. No structure shall be erect:ed, or altered, in any area defined in this section to a height in excess of the limits established in this section unless otherwise provided. B. The maximum building height.s in each of following described «areas)) subdistricts of the Original Townsite of Port Townsend shall be as follows: Subdistricts: All in Original Townsite of Port Townsend Maximum Height in Feet Blocks 2, 47, 50, 95 and 98 (Pt. Hudson) Block 94 (Pt. Hudson) Block 99 (Pt. Hudson) and Block 45 25 32 34 30 Block 4 Block 5 36 46 50 Block 6 Blocks 7,8,9, 40, 41 and 42 Blocks 10 and 38 Blocks 11 and 52 46 37 Block 12 Blocks 36 and 44 35 40 Block 37 Block 39 42 48 Block 43 Blocks 93 and 100 47 43 The area bounded on the southeast by Washington Street, on the northeast by Quincy Street, and on the northwest by the face of the Bluff The area bounded on the southeast by Washington Street, on the southwest by Quincy street, and on the northwest by the face of the Bluff 45 After a brief discussion, Councilmember K4:!nna made a motion that the Council adopt the following amendment to the draft ordinance which was seconded by Councilmember Clise a:1d passed unanimously by voice vote. 50 The amendment follows: 17.zz.040 Design Review -- Application~ Review Process and Appeals. A. Change "Historic Preservation Committee" to "Historic Preservation Commission" After a brief discussion, Councilmember HcCulloch made a motion that the Council adopt the following amendment to the draft ordinance which was seconded by Councilmember Clise and passed unanimously by voice vote. The amendment follows: 17.zz.050 Design Review Guidelines-- Subdistricts. Amend Subsection D, Bluff Narrows District, as follows: 1. Buildings shall be designed with the building facade set back at least 5 feet at each floor level along the I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 4,1990, Cont. following view corridors: Calhoun Street, pierce street, ( (Vðft-~:J!"eft) ) Cass Street, Benton Street and Water street. This setback will apply from each abutting street right-of-way such that the second floor shall be setback at least 5 feet from the facade of the first floor and each higher floor shall be setback at least 5 additional feet from the facade of the floor immediately below. After a brief discussion, Councilmember Kenna made a motion that the Council adopt the following amendment to the draft ordinance which was seconded by Councilmember Clise and passed unanimously by voice vote. The amendment follows: Amend Subsection E, Ferry Detail District, as follows: 7. New development shall provide a similar block patt:ern as found in the adjacent Historic Commercial District. Buildings should be built to the property line along the following view corridors: Water Street, «'fðy~er-S"i:-ree-~ Ad ðJftS - -ß'e-ree-i:- ï - ~:f}ey- - S 4: ree4:, - -Me<i~ - -&t~-¡ - -Heft ree S4:ree4:,--'Py}:ep- :Jt:rc.c.:t:-ï--end---wetsbi~~-£'t~) ) Polk Street. Fillmore Street. Harrison street. and Van Buren street. Elements occurring in public rights-of-way, such as signs, fountains and monuments shall be low in form wi th vertical elements limited to slender obelisk:s. After a brief discussion, Councilmember Clise made a motion that the Council adopt the following amendments to the draft ordinance which was seconded by Councilmember Kenna and passed unanimously by voice vote. The amendments follow: Add a new section to read as follows: 17.zz.060. Limitation on Actions. Any decision, finding, ruling, determination, or binding recommendation of the HPC or the City council made pursuant to the design review requirements and authority under this chapter shall be! final at the time a vote is cast and recorded on any such mat't:er and no action to set aside or modify the same shall be brought in the Superior Court or other tribunal unless the action shall be filed within thirty (30) days from the date of such decision, finding, ruling, determination or binding recommendation. Add a new section to read as follows: section 5. Authorization and Direction to Publish PlaIl. The Director of the Planning and Building Department ("Dire!ctor") is hereby authorized and directed to cause the Plan to be published and made available to the public in furtherance of its purposes. In publishing the Plan, the Director is further authorized to entitle the published Plan the "Port Tc,wnsend Urban Waterfront Plan" and to make appropriate technic:al and conforming revisions to the text of the Plan which clarify but do not change the meaning or intent of the Plan. The published Plan shall be made publicly available at a reasonable cost which may not exceed the actual cost of publishing and binding same. Add a new section to read as follows: section 6. Severabili ty. In the event anyone or more of the provisions of this ordinance shall for any reason lJe held to be invalid, such invalidity shall not affect or invalidate 95 96 MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990, Cont. any other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be 1:1 effect to the extent permitted by law. Councilmember Westerman made a motion that the Council add " . . . which are consistent with the carrying capaci ties of the aquatic environment." to page 9, #2 of t,he ordinance which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Councilmember Westerman made a motion that the Council add " . . . where these conflict, pedestrian consideration should prevail. " to page 10, #5 of the ordinance which was sHconded by Councilmember Kenna and passed unanimously by voice vote. Councilmember Westerman made a motion that the Council add "...and should include visual and physical connections between pedestrian spaces and public access areas which encourage enhancement of public access to the waterfront and the crE!ation of civic spaces." to page 11, #D of the ordinance. After disc::ussion, the motion died for lack of a second. After discussion of loading zones and safet~y issues, Councilmember Clise made a motion that page 37, #7 of the Preferred Alternative Plan be rewritten to read "Consider prohi:::>iting truck parking in the center lane of Water Street after 11:00 AM particularly during the peak visitor season. The City could designate truck loading areas in the Historic District which could be posted to allow deliveries only during specified hours." which was seconded by Councilmember McCulloch and passed unanimcusly by voice vote. After discussion of the recommendation for the acquisition of the Thomas oil Property on page 2, #5 of the Planning commission Resolution, Councilmember Clise made a motion that the Council authorize the Mayor and City Attorney to contact the owner of the property to determine whether or not it is possible to enter into a negotiated sale and bring figures back to the Council at the next meeting on December 18, 1990. The motion passed unanimously by voice vote. ORDINANCE NO 2216 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO ZONING, ADOPTING THE CITY'S URBAN WATERFRONT PLAN AND AMENDING TITLE 17 OF THE CITY'S MUNICIPAL CODE TO ESTABLISH SPECIAL HEIGHT AND DESIGN GUIDELINES OVERLAY ZONES IN THE CITY'S HISTORIC AND CENTRAL BUSINESS DISTRICTS. Mr Harper suggested that on page 5, Definitions. B.: add "or as hereafter amended". Councilmember Westerman made a motion to that effect which was seconded by Councilmemher Jones and passed unanimously by voice vote. Mr Harper suggested that on page 7, D 2.: in the fourth line, the word "significant" should be changed to "substantial". Council- member Kenna made a motion to that effec1: which was seconded by Councilmember Clise and passed unanimously by voice vote. After discussion of appeals by Mr Harp,ar, Mr Grove 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 which was seconded by Councilmembe!r Camfield and passed unanimously by voice vote. Mr Grove agai:l read the ordinance by I I I " , ~- . I . L M~N~TES-OE-THE-REGULAR SESSION OF DECEMBER 4, 1990, Co~t. t17 'I I I title. Councilmember Kenna made a motion that the council adopt Ordinance No 2216 as amended tonight which was secondE~d by councilmember Westerman and passed unanimously by roll call vote. councilmember owsley returned to the Council Chambers. RECESS Mayor Shirley declared a recess at 8:35 PM. at 8:45 PM. The meeting reconve~ed PUBLIC COMMENTS Joshua Sage was recognized and suggested the possibility of a out of town transfer station for deliveries to the downtown businesses rather than having too many delivery trucks, and warned that imaginative ways to improve parking should be done before it.is too late. Etta Roth was recognized and stated her concerns about the we'tlands in Townsend Meadows, the storm water runoff, the change from rental units to owner-occupied and that the request for a new economic and financial feasibility study is appropriate especially sin<::e the present figures are outdated. James C Middlebrooks, Attorney for the developers of To'wnsend Meadows, was recognized and explained that a fairly extensive and in depth review was made including the original environmental checklist and Planning Commission findings. The preliminary site work began without the City having a full, complete set of plans which caused all the concerns. He stated that a stormwater retention pond is not an option on this project and that it will be expanded and made into a year-round waterfowl habitat. Mr Middlebrooks stated that the detailed plans will be available as soon as possible and explained the goals of the project and the proposal for further subdivision of the property. Greg Bennett was recognized and stated his concerns about restoration proposals for Townsend Meadows especially conc:erning stormwater and flooding issues and the site preparations. Mr Bennett questioned why the bulldozing was done in defiance of the stop work order. John Barr was recognized and commented that there are no plans to reconstitute the wetland so far and that he has ~;erious reservations about the intent of the developer of Townsend Meadows and stated his concerns about the storm drainage plan of 19:37. Mr Barr suggested that the developer be required to do a survey of the existing wetland before anything is done there. Margaret Caro was recognized and stated that she supports the decision by the Council to send the Townsend Meadows projec:t back to the Planning Commission for review. Ms Caro noted that a letter from Mr Middlebrooks was sent instead of the plans requested by the Ci ty and suggested that the City require a bond from the de'iTeloper to assure that restoration work will be completed in the proper season. Janeen Hayden was recognized and expressed her anger at the denial by the developer that the land and the Planned Unit Development agreement with the previous developer of Townsend Meadows has been violated. Ms Hayden supported the decision by the council to remand the project back to the Planning Commission and tJtlat the developer not receive "special treatment" for the project. Kathryn Jenks was recognized and requested the names of the environmental consultants for the Townsend Meadows project.. I 97' MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990, Cont. any other provision of this ordinance, but 1:his ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that, any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Councilmember Westerman made a motion that thE~ Council add .. . . . which are consistent with the carrying capacities of the aquatic environment." to page 9, #2 of the ordinance which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Councilmember W.:sterman made a motion that thE~ Council add ". . . where these conflict, pedestrian consideration should prevail. .. to page 10, #5 of the ordinance which was seconded by Councilmember Kenna and passed unanimously by voice vote. Councilmember Westerman made a motion that the Council add ". . . and should include vhmal and þ~1ysical connections between pedestrian spaces and public access areas which encourage Emhancement of public access to the waterfront and the creation of civic spaces." to page 11, #D of the ordinance. After discussion, t:he motion died for lack of a second. After discussion of loading zones and safety issues, Councilmen ~ / ~~~ ~V} , ~\~ {J ~ \V ~ ~ t:/ ~~ ~ I I I. . {} VV¡' r~ Q \9 t V A K ~~~'b ~\ \ \t~ (.y f ~ [~ /~ ,," '" " 98 MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990, Cont. Donovan Roberts was recognized and suggested the plans for Townsend Meadows be presented to the Public for inspection and comment and that the City have some leverage to ma:~e sure that what has happened in the past will not happen again. CONSENT AGENDA Councilmember Jones made a motion to approvr3 the following items on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice vote. Approval of the Minutes for the Special Hession of November 19, 1990, as written without reading. Approval of the following Bills and Claims: Current Expense Street Library Library Renovation and Construction Park Emergency Medical Services Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 52,112.40 397.80 3,183.07 728.19 406.21 7,057.87 7,540.39 19,937.01 5,483.53 96,469.50 90.00 $193,405.97 Setting Hearings: Amendment to the Environmental Protection Ordinance December 18th, 1990, for the Urban Waterfront Plan on Communications: A letter dated August 14, 1989, signed by 11 individuals residing in Laurel Shade Addition regarding development along 25th Street was copied to Council on November 30, 1990, and referred to the Street/Storm Drainage/Light Committee. A letter dated October 26, 1990, from Lowell Bogart, Chairman, Jefferson-Port Townsend Shoreline ManagemE~nt Advisory Commission, including the findings and recommendation of the Commission for the adoption of the update of' the Jefferson-:¡>ort Townsend Shoreline Management Master Program was copied for Council. An Environmental Checklist dated November L, 1990, for the City of Port Townsend, Department of Public Works for the proposed rezone from R-1A to P-1 for Block 20, Lots 1-8 and Block 11, Lots 1-6 & 8, California Addition for expansion of the po:rt Townsend Waste-water- Treatment Plant and office space for an existing building was copied for Council and referred to the Le~gislative/Environmental Committee. A letter dated November 9, 1990, from M Ha,as stating concerns for better roads in town was copied for CounGil and referred to the Budget Hearing. A letter dated November 13,1990, from GaI'Y A Rowe, PE, Jefferson CQ~nty Department of Public Works to Brent Shirley, Mayor, City of Pø~: " ',o\t{nsend stating that it doesn't appear cost effective to add -', ..' paci ty to the upgrade of the treatment plant for septage t was copied for Council and referred to the Water/Sewer ~t;ý~~~rti " ee . ",')¡;ti,~'t""~"'" "~iií; "'t<l' I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 4,1990, Cont. A letter dated November 20, 1990, from Louis (Bud) and :E:velinn Kannenberg stating their support for the Urban Waterfront Plan was copied for Council and referred to the Priority Item. A letter dated November 20,1990, from Robert L Wilder, Director, Interagency Committee for Outdoor Recreation, advising that the City Dock Replacement project may now proceed was copiE:!d for council and referred to the Finance Committee. A letter dated November 21, 1990, from M E Williams favoring the study to add new camp sites at Fort Worden State Park was copied for Council. A letter dated November 21, 1990, from Brent S Shirley 1:0 Jim Pickerell, Cape George Sewer District, stating the necessity to inform him that the City can no longer plan on accepting effluent from Cape George was copied for Council. A letter dated November 21, 1990, from Brent S Shirley to Philip Zerr, Post Commander, American Legion Post #26, apologizing for the confusion regarding the idea of the city acquiring the Legion Hall in the Urban Waterfront Plan was copied for Council. A letter dated November 21,1990, from Michael Hildt, Planning and Building Director, to Mark Johnson, Nordland Construction Co, including motions made by the Council at it's November 1, 1990, meeting regarding Townsend Meadows PUD 587-03 was copied for Council. A letter dated November 23,1990, from Homer Metz, Washington State Director, The Good Sam Club, recommending that the Parks Commission be supported in their endeavor to bring more campsites to th4;:! Fort Worden State Park was copied for Council. A letter dated November 23, 1990, from Louis A (Bud) KannEmberg giving the Pacific Black Brant a voice in the Urban Waterfron"t Plan was copied for Council and referred to the Priority Item. A letter dated November 26, 1990, from Karen L. McCormick, Senior Vice President, Director of Lending, First Federal Saving's and Loan, stating that the Clallam-Jefferson Community Action Council, First Federal Savings and Loan and Clallam County EDC has inii:iated efforts to conduct the first comprehensive Housing Needs Surv4ay for Clallam and Jefferson Counties including a copy of the Request for Proposals and requesting a funding donation was copied for Council and referred to the Finance Committee. A letter dated November 26,1990, from Paul Wand Wanda M Brendle to Governor Gardner supporting a proposal to provide addi t:ional campsites for Recreational Vehicles at Fort Worden State Park was copied for Council. A letter dated November 26, 1990, from Gary Kaiser stating his reservations about the scope of the plan and the validity of' some of the assumptions upon which it is based was copied for Council and referred to the Priority Item. A letter dated November 26, 1990, from Forrest Aldrich expre!ssing his support for the adoption of the Urban Waterfront Plan: Preferred Alternative and identifying portions of the Plan which he thinks should not be adopted was copied for Council and referred to the Priority Item. A Ißtter dated November 27,1990, from Alexander and Elena M Spear supporting the Urban Waterfront Plan and the purchase of the 'I'homas oil property was copied for Council and referred to the Priority Item. 99 100 MINUTES OF THE REGULAR SESSION OF DECE~BER 4, 1990, Cont. A letter dated November 27, 1990, from Scott Walker stating his opinion concerning the Urban Waterfront Plan's proposed waterfront walk-way was copied for Council and referrE!d to the Priority Item. A memorandum dated November 27, 1990, from Sheridith Robison, Executive Director, Main Street, supporting the Urban Waterfront Plan: Preferred Alternative and stating Goncerns of Main Street was copied for Council and referred to the Priority Item. A memorandum dated November 27, 1990, from ~;teve Johnson supporting the purchase of the Thomas Oil property and the preservation of beach and park areas was copied for Council and referred to the Priority Item. A letter dated November 28,1990, from James D Carlson to Michael Hildt and the Street Committee stating his opposition to pressure for him to develop 25th Street from Ros,acrans to Sheridan was copied for Council and referred to the Street/Storm Drainage/Light Committee. A letter dated November 28, 1990, from Liz Smith opposing truck loading zones and a bicycle lane on Water Street as mentioned in the Waterfront Plan was copied for Council and referred to the Priority Item. A memorandum received November 28,1990, from Frank J D'Amore with his comments favoring the Port Townsend Urban Waterfront Plan Preferred Alternative was copied for CounGil and referred to the Priority Item. A letter received November 28, 1990, from Nina Erisman with her comments urging the city not to buy the ~~homas oil property was copied for Council and referred to the Priority Item. A letter dated November 29, 1990, from ].eslie Aickin, Domestic Violence Sexual Assault Program, enclosinq their six page budget hearing packet for the Budget Hearing was copied for Council. A memorandum dated November 29, 1990, from Jim Pearson, Associate Planner, Jefferson County Planning and Building Department, including the proposed schedule for conside:::-ation of Jefferson-Port Townsend Shoreline Management Advisory Conmission Recommendations for Revising the Jefferson-Port Townsend Shoreline Management Master Program was copied for Council and referred to the Legislative/Environmental Committee. A letter received November 29,1990, from Charles Espey in support of the Waterfront Plan in setting guidelines for Port Townsend's downtown was copied for Council and referrHd to the Priority Item. A letter dated November 29, 1990, from Rick Tollefson, Chairman, Jefferson County Chapter, Peninsula Trails Coalition stating support for the Waterwalk Trail in downtown Port Townsend and stating concern about the routing of bicycle traffic on the trail through the Port area was copied for Coun~il and referred to the Priority Item. A letter dated November 29,1990, from David Valbracht in support of the Urban Waterfront Plan: Preferred Alternative and stating concerns for the Town Common, Crossroads and Shoreline areas was copied for Council and referred to the Priority Item. A letter dated November 30, 1990, from the Port Townsend Senior Association as a formal request to be inclujed for consideration in the 1991 Budget was copied for Council and referred to the Finance Committee. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990, Cont.. A letter dated November 30, 1990, from John Barr stating his concerns about the extent of the wetlands at Townsend Meadmvs was copied for Council and referred to New Business. A letter dated November 30, 1990, from Greg Bennett stating his concerns for the Townsend Meadows development was copied for Council and referred to New Business. A memorandum dated November 30, 1990, from Margaret Caro stating her comments and concerns for the Townsend Meadows development was copied for Council and referred to New Business. A letter dated November 30, 1990, from James C Middlebrooks, writing on behalf of the developer of Townsend Meadows PUD 598-03 was copied for council and referred to New Business. This concludes the Consent Agenda. PUBLIC HEARINGS Garbaqe Recycling Ordinance. Mr Grove explained the changes to the draft ordinance and memorandum from Mr Harper. Mr Grove explained that a recycling ordinance will be ready in a few months. Mayor Shirley opened the Hearing to the Public. Scott WalkE~r was recognized and spoke in favor of the ordinance. Bob Rickard was recognized and stated that he is in favor of the ordinance but questioned the wording about someone taking their own recyclables to the center and requested consideration for people who have to take their garbage a long way to a paved street for pickup. Kathryn Jenks was recognized and questioned if Fort Worden is included in this ordinance. There being no further test.imony, Mayor shirley closed the hearing to the Public. During discussion, it was clarified that a private individual can take their own garbage to the dump and the ordinance will be reworded to reflect this, and that an individual does have to pay for the service whether they use it or not. ORDINANCE NO 2221 AN ORDINANCE AMENDING ORDINANCE NO 1138 AS AMENDED BY ORDINANCES 1347,1425,1656,1737, 1875, 2044, 2108, AND 2165, REPEALING ORDINANCES 1366 AND 1687, ESTABLISHING ADDITIONAL DEFINITIONS, ADJUSTING RATES, AMENDING SECTION 6.04 AND DELETING SECTION 6.08 OF THE PORT TOWNSEND MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title and explained that this is for introduction only. 57th Street Local Improvement District. Mr Wheeler explained the LID. Mr Grove explained that the Notice Publication was fourteen days prior to the hearing instead of fifteen days as required. Mayor Shirley opened the Hearing to the Public. There be,ing no testimony, the hearing was continued until the meeting on J:anuary 2, 1991, to allow for more testimony. UNFINISHED BUSINESS ORDINANCE NO 2218 AN ORDINANCE APPROPRIATING THE SUM OF $62,850 TO THE CURRENT EXPENSE FUND, $1,000 TO THE STREET FUND, $1,514 TO THE HOTEL/MOTEL TRANSIENT TAX FUND, $672,000 TO THE WATER- SEWER FUND, $1,000 TO THE STORM AND SURFACE WATER FUND, $1,803 TO THE 1956 WATER REVENUE 101 102 MINUTES OF THE REGULAR SESSION OF DECE:~BER 4, 1990, Cont. BOND REDEMPTION RESERVE FUND, $U;3 TO THE 1956 WATER WORKS AND SYSTEM CONSTRUCTION FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. Mr Grove read the ordinance by title and explained that this is for introduction only. Final Plat. Discovery View Short Plat. MJ:' Wheeler explained the need for final plat approval and the recommendation by staff that it be approved for signature. Mr Harper stated that the findings will be presented later in the meeting. COMMITTEE REPORTS/STAFF REPORTS Finance. Councilmember Owsley made a motion that the Council approve a request for the paYment for ml3als. for Firemen while attending a six-week course which was seconded by Councilmember Jones and passed unanimously by voice vote. Street/Storm Drainage/Light. CouncilmembE!r Owsley reported that the Committee had met and discussed a tree and brush policy. A draft of the policy will be made public prior to a public hearing. Councilmember Owsley made a motion to s,et a Street Committee Hearing for the Washington Street Storm Drainage project for January 8, 1991, at 5:00 PM which was seGonded by Councilmember Westerman and passed unanimously by voice vote. Water/Sewer. Councilmember McCulloch reported that the Committee had met and is continuing discussion on a Water Policy. She stated that a public information meeting will be held in January or February. Mr Wheeler explained the process to be followed in obtaining a consultant for technical ö,reas of the project. Councilmember McCulloch stated that the Watershed Advisory Committee will participate in the process as well. Noise Ordinance. Councilmember Clise statE!d that Chief Hinton has prepared a packet of information for the Ccuncil and questioned if all the Councilmembers had received it. It~ was confirmed that the Police/Fire/Animal Control Committee members had received copies. Legislative/Environmental. Councilmember Kenna reported that the Committee had met and discussed the Harold DeJong Checklist and that it has not been mitigated as yet. Councilmember Kenna also reported that Jefflarson County will be the lead agency for an Aquaculture Shorelines ABsessment and the County Commissioners will be having a hearing on January 7, 1991, the City Council will be on January 8,1991. The County will be doing the SEPA determination on January 22-23, 1991, and they have a public hearing scheduled for February 11,1991, at, the Tri-Area Community Center at 7:00 PM. Councilmember Kenna set a meeting of the Conmittee for December 13, 1990, at 5:00 PM to discuss the checklis.: for the City of Port Townsend. Recyclin<¡ containers. Mayor Shirley repOJ~ted that the recycling containers will arrive in mid-January. HUD Loan Panel. Councilmember McCulloch made a motion that the Council accept the recommendations of thH, Loan Panel for three loans and that the resolution and contracts" for the loans be prepared ~or ,!=:þe next Council meeting, which. was seconded by Councilmember Camfield and passed unanimously by voice vote. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 4,1990, Cont. ORDINANCE NO 2219 AN ORDINANCE SPECIFYING CONDITIONS UNDER WHICH THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVE- MENTS CAN BE DEFERRED; AMENDING SECTION 5 OF ORDINANCE 2210; AND ESTABLISHING AN EFFECTIVE DATE. Mr Harper and Mr Wheeler explained the ordinance. Mr Grove 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 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Clise made a motion that the Council adopt Ordinance No 2219 which was seconded by Councilmember Camfie!ld and passed unanimously by roll call vote. Grant for City Dock. Mr Wheeler announced that the Councilmembers had received a copy of a letter officially stating the award of a grant for City Dock. Wastewater Treatment Plant. Mr Wheeler reported that the Department of Ecology has reviewed the conditional use pernlit and there is now a 30-day time period for the appeal process which began on November 30, 1990. The residents of Port Townsend that are planning to appeal this have not yet done so. The construction was not begun on December 1, 1990, because of the lawsuit and because the shorelines was not issued; the City has no.t been notified what the State is going to do, and the redesign process with CH2M Hill has been started. Request for Public Hearing. Mr Grove reported that Jim PE!arSOn, Associate Planner, Jefferson County, has requested to addre!ss the Council about the Aquaculture Shorelines Assessment. During discussion, Mr Hildt suggested that Dave Robison meet with Mr Pearson and Councilmember Kenna and work out the process. 1991 Councilmeeting Date. It was confirmed that the first Rleeting in January 1991, will be held on Wednesday, January 2,1991, as New Year's Day falls on Tuesday. Final Plat. Discovery View Short Plat. Councilmember Jones made a motion that the Council find that Discovery View Shortplat cclnforms with the criteria, terms and conditions of the City's short sub- division ordinance, and that the final plat be approved and signed by the Mayor, Clerk and City Attorney which was seconded by Councilmember Owsley and passed unanimously by voice vote. NEW BUSINESS City/Milholland Property Exchange. Mr Harper, Mr Wheeler and Mr Milholland explained the resolution. RESOLUTION NO 90-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING AND ACCEPTING A DEDICATION OF LAND WITHIN THE CITY FOR PUBLIC STREET PURPOSES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY PERTAINING TO THE DEDICATION AND A PROPOSED VACATION OF AN INTERSECTING STREET. After a lengthy discussion, Councilmember Clise made a motion that the Council adopt Resolution No 90-108 which was seconded by Councilmernber Westerman and passed unanimously by voice v01:e. 103 104 MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 1990, Cont. ORDINANCE NO 2146 AN ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED WITHIN BLOCK 4 , JAj~ES HUSSEY'S ADDITION LYING BETWEEN 27TH STREgT AND A POINT 12 FEET NORTH OF THE NORTHERN LO~~ LINE OF LOTS 6 AND 11 OF SAID BLOCK 4; ESTABLISHING CONDITIONS TO THE VACATION AND AN EFFECTIVE DATE. Mr Harper explained the ordinance. Mr Grove read the ordinance 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 McCulloch 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 2146 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. ORDINANCE NO 2220 AN ORDINANCE VACATING INTERIOR LOT LINES OF LOTS 9,10, AND 11 OF BLOCK 4, J'AMES HUSSEY'S ADDITION TO THE CITY OF PORT TOWNSEND AS PER PLAT RECORDED IN VOLUME 1 OF PLA~~S, RECORDS OF JEFFERSON COUNTY, WASHINGTON; AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Counc::ilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Clise and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2220 which was sc::!conded by Councilmember Kenna and passed unanimously by roll call vote. Townsend Meadows. Mr Hildt explained that at the last Council meeting this was remanded back to the Planning commission and that Nordland Construction was requested to submit a site restoration plan no later than November 29,1990, which has not been received. James Middlebrooks was recognized and explained the position of Nordland Construction and that there is nclt a restoration plan at this time. A lengthy discussion of the criteria for lower income housing for retired people in relation to Townsend Meadows, the marketing feasibility study and the furt]ler subdivision changes that require the Planning Commission review ensued. Mr Hildt explained that an updated economic feasibility marketing study and a revised environmental checklist have be'Em requested as well as the restoration plan. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executi ve Session to discuss with legal counsel the acquisition of real estate by purchase and litigation. Mayor Shirley rE!quested the presence of Mr Grove, Mr Hildt and Mr Wheeler at 11:14 PM. RECESS Mayor shirley recessed the meeting until 6:30 PM on until December 11, 1990, at 11:58 PM. CONTINUATION OF THE REGULAR SESSION or DECEMBER 4, 1990. The City Council of the city of Port To~msend met in continued session this Eleventh day of December, 1990, at 6:30 PM in the Council Chambers of City Hall, Mayor Bren1~ S Shirley presiding. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 4,1990, Cont. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, John Clise, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Councilmember Jones was excused. Also present were Clerk-Treasurer David Grove, city Attorney Keith Harper, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. UNFINISHED BUSINESS Golf Club Sublease. Mayor Shirley and Mr Grove explained that David Hurd has requested a sublease of the restaurant at the Golf Course which has to be approved by the Council. After discussion of compliance with the building code and a time limit, Council- member Clise made a motion that the Council approve the sublelase of the restaurant to David and Jeannette Hurd to run concurrent with the master lease which was seconded by Councilmember Kenna. After discussion, the motion passed unanimously by voice vote. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session to discuss with legal counsel the acquisition of real estate by purchase and litigation. Mayor Shirley requested the presence of Mr Grove, Mr Hildt and Mr Wheeler at 6:45 PM. The meeting was reconvened at 7:55 PM. Union Wharf Lease. A brief discussion of the Union Wharf Lease being on the agenda for the next meeting ensued. ADJOURNMENT There being no further business, Mayor Shirley declared the m.eeting adjourned at 7:57 PM. Attest: ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF DECEMBER 18,1990 The City Council of the City of Port Townsend met in :t'egular session this eighteenth day of December, 1990, at 6:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presicling. ROLL CALL Councilmembers present at roll call were Jean Camfield, John Clise, Vern Jones, Julie McCulloch, Norma Owsley, and Sheila West~erman. Also present were Clerk-Treasurer David Grove, city Attorne~r Keith Harper, Director of Planning and Building Michael Hildt, and Public Works Director Robert Wheeler. PUBLIC COMMENTS Cindy Walpin was recognized and spoke against the proposed IHase of Union Wharf because of its impact on the rest of downtown. She compared the size of existing businesses and request:ed an environmental impact study. 105