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HomeMy WebLinkAbout03/05/1991 160 MINUTES OF THE REGULAR SESSION OF MARCH 5, 1991 The city Council of the City of Port Townsend met in regular session this Fifth day of March, 1991, at 6:30 PM in the Council Chambers of city Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at Roll Call were Jei:m Camfield, John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Deputy Treélsurer Vera Franz, City Attorney Keith Harper, Director of Planning and Building Michael Hildt, Planner Rick Sepler and Public Works Director Robert Wheeler. PROCLAMATION Mayor Shirley proclaimed March 6 1991, as Bob Madden Day in honor of Bob's retirement after working 20 years for the City of Port Townsend. PUBLIC COMMENTS Cindy Wolpin was recognized and gave a pref:entation on the changes to the site plan of the Union Wharf proposal since it was first proposed using an overhead screen. Ralph Watson was recognized and questiof:ed building ownership, bidding requirements, letting of contracts, parking requirements, etc, in relation to the Rose Theater. Mr Watson stated that Councilmembers Westerman and McCulloch havE: stated at a Main Street meeting that the parking requirements for the theater will be waived. Virginia Wolf was recognized and present,ed 307 signatures on a petition, which brings the total to approximately 1050, requesting that the determination of nonsignificance for the Union Wharf proposal be withdrawn and that a new State Bnvironmental Policy Act checklist be required. Alison Hero was recognized and presented .3, petition signed by 78 downtown business people asking that the Determination of Nonsignificance for the Union Wharf pro:lect be revoked and an environmental impact statement be required. Ms Hero stated that signing the petition does not say whether the business is or is not in support of the project, just that they want the DNS revoked: she then read the names of the businesses. Holly Mayshark was recognized and presented petitions in support of the Rose Theater containing 250 signatu:ces and commented that nothing was said at the Main Street meetin<J about parking require- ments for this project being waived. Craig Church, representing the Key City Players, was recognized and expressed support for the restoration of the Rose Theater. He also stated that the Players do not see the res,toration and subsequent lease of the building as the City of Port Townsend becoming involved in private business. Kevin Burgler, President of Main Street, was recognized and stated "Mr Watson, you stand corrected". Mr Burgler went on to state that the Main Street project unanimously approves the Rose Theater project. David Hero was recognized and spoke in favor of the Rose Theate stating that it is legal and appropriato for the City to help advance the project by taking ownership of the building. James DeLeo was recognized and honored Co\lncilmember Camfield for the Jefferson Award for community SerViCE! that her brother, Jim Westall, received in Seattle. Mr DeLeo also commented on parking requirements being the reason for the demise of the theater project I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. of Jim Wilson and problems for the Kaiser building proje:cti on homes being built on gravel alleys instead of improved st:reets, areas where fire trucks cannot turn corners, and noted that Kearney street is in better condition than areas of Washington StrE~et and 49th Street from San Juan to Kuhn which are a mess. Mr DeLeo stated that the pile of dirt by the Bayview Restaurant was left there in 1933 by his father when he built his first building on the site of Bill's Tire Center and it is not a historical monUDlent. Michael Hildt responded that there are concerns about narrow streets and that parking proposed by Mr Wilson for his thea1:er was more than adequate. Mr Wilson had not gone ahead with the project by his own choice. Pete Raab, Chairman of the Historic Preservation commission, was recognized and stated that the Rose Theater application for design review was completed before the Planning Department became invol ved. Mr Raab spoke as a private citizen stating that ~re have a history in Port Townsend of using public funds for the preservation of our buildings and urged the Council and me~)ers of the community to view these tools as positive means to help us create and preserve the city and the economy for which we all are striving. John Barr was recognized and stated that the 49th Street sewer parallels and goes through a series of natural wetlands which are in the low spot of the area and would be a seasonal creek to China gardens. Mr Barr cited problems at Discovery Road and Howard Streets and stated that disruption of natural wetlands has a direct effect on people's property rights. The natural wetland drainage systems need to be viewed as a whole and should be document:ed and protected. BID OPENING Mr Wheeler opened the following bids for a generator: Signal Equipment, Inc Northern Commercial Company Cascade Machinery & Electric Emerson Power Products $34,462.58 44,985.00 34,843.00 29,601.02 Mr Wheeler took the bids under advisement and will report later in the meeting. CONSENT AGENDA Councilmember Jones made a motion to approve the following i1:ems on the Consent Agenda which was seconded by Councilmember CamfiEÜd and passed unanimously by voice vote. Approval of the Minutes for February 19, 1991, as written ~rithout reading. Approval of the following Bills and Claims: Current Expense Street Library Park Emergency Medical Services Capital Improvement Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 44,800.16 9,228.89 4,418.89 4,406.22 505.86 3,486.60 321.75 12,516.82 110.43 23,435.17 853.36 $104,084.15 161 162 MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. setting Hearing: Variance Application No 9011-06 -Maxw3ll for March 19, 1991. Adoption of Resolutions: RESOLUTION NO 91-16 A RESOLUTION OF THE CITY COUNCI]~ OF THE CITY OF PORT TOWNSEND AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH THE WASH::NGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT. RESOLUTION NO 91-17 A RESOLUTION OF THE CITY COUNCIJJ OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Dale and Jennett Pope have agreed to construct a 6 inch waterline within the service area of the City of Port Townsend. RESOLUTION NO 91-18 A RESOLUTION OF THE CITY COUNCIJJ OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Carl Sebastion has agreed to construct a 15 inch waterline within the service area of the City of Port Townsend. Communications: A petition dated February 11, 1991, from 'the tenants of Claridge Court apartments requesting that the city repaint the crosswalk at the intersection of 12th & Landes and alf¡o seriously consider a light at that intersection was copied for Council and referred to the Street/Storm Drainage/Light Committee. A memorandum dated February 13,1991, from Bart Phillips, Economic Development Council, explaining that loans to public agencies are available through the Coastal Loan Progra:n's Revolving Technical Assistant Loan Fund was copied for Council. A letter dated February 15, 1991, from Monica Mick-Hager reporting about a conversation she had with Bart Fhillips was copied for Council and referred to Unfinished Business later on the agenda. A letter dated February 15, 1991, from Thea Greenhalgh strongly recommending that a system of stop signs bE~ implemented and put in place in the uptown areas where there are uncontrolled intersections was copied for Council and :referred to the street/ Storm Drainage/Light Committee. A letter dated February 15,1991, from Barbara A Wilson, Phillips & Wilson, to Bart Phillips, Economic Development Council and David Grove, Clerk Treasurer enclosing a copy of the promissory Note executed by Wally Trace and Paul Marcoux addressing payment of fees incurred by her firm with respect to the drafting and negotiation of the Union Wharf Lease was copied for Ceuncil. A letter dated February 18, 1991, from LE!Ona Brown and Robert R Marriott opposing the granting of a determination of nonsignificance for the Port Townsend Motel was copied for Council and referred to the Public Hearing later en the agenda. A letter dated February 19, 1991, from Bart Phillips, Economic Development Council, to Larry Dennison, C1:,airman, Board of County I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. Commissioners and Mayor Brent Shirley, including the COmmE!nts of the Economic Development Council on the proposed Jefferson county Aquaculture Policy Revisions was copied for Council. A letter dated February 20,1991, from Tamara Conway in support of Rocky's Theater (Rose Theater) was copied for Council and r€!ferred to Unfinished Business later on the agenda. A letter dated February 21, 1991, from Walter L Trace requesting extension of Union Wharf Associates shoreline subst:antial development/conditional use permit for redevelopment of the historic Union Wharf pier was copied for Council and referred to the Legislative/Environmental Committee. A letter dated February 21, 1991, from Leonard T Garfield, Preservation Programs Coordinator, Department of Communi ty Development, writing on the historical significance of the Rose Theater was copied for Council and referred to Unfinished Business later on the agenda. A letter dated February 21, 1991, from James R Doran enc:losing comments on the rezone application and the Declaration of Non- significance for the rezone of the Port Townsend Motel property was copied for Council and referred to the Public Hearing later on the agenda. A letter dated February 22, 1991, from Donovan Roberts, stating his concerns about the Townsend Meadows Planned Unit Development project was copied for Council. A letter dated February 22,1991, from Sheila Westerman, to Gordon L Meling, President, Superior Refuse Removal, Inc, serving as notification of an apparent breach of contract was copi~3d for Council. A letter dated February 22,1991, from Paul Boyer, in support for the renovation of the Rose Theater was copied for Council and referred to Unfinished Business later on the agenda. A letter dated February 22,1991, from Joanne Bartlett, Biologist, Wiltermood Associates to Michael Hildt reporting on a walkthrough of the proposed Parkview Plat development was copied for Council. A letter dated February 23, 1991, from Marcee and Dave Post, stating concerns for the tactics that Watson and Wiley are using to stop a second theater from opening in this town was copi,ed for Council and referred to Unfinished Business later on the ag'enda. A letter dated February 24, 1991, from Cathy Butler stating her concerns that the recycling program does not promote reducing the waste stream was copied for Council. A letter dated February 25,1991, from Barry A Wenger, Shorelands and Coastal Zone Management Program, Department of Ecology, stating concerns of the department regarding the Union Wharf project was copied for Council. A letter dated February 25,1991, from Joseph F Wheeler, Executive Director, Centrum, in support of the restoration of thH Rose Theater in downtown Port Townsend was copied for Council and referred to Unfinished Business later on the agenda. A memorandum dated February 26, 1991, from Greg Bennett stating his concerns for the remand to the Planning Commission of the Townsend Meadows Planned unit Development was copied for Council. A letter dated February 26, 1991, from Bart Phillips, EXE!cutive Director, Economic Development Council, regarding the proposed 163 164 MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. redevelopment of the Rose Theater was copied for Council and referred to Unfinished Business later on the agenda. A letter dated February 26,1991, from R Chris and Keri Moore Johns requesting a review of the conditional use permit of the Trenholm Bed and Breakfast located at 21st and Haines as they have purchased adjacent property designated in the conditional use permit as the site for off-street parking was copied for Council and referred to the Legislative/Environmental Committee. A memorandum dated February 26~ 1991, front Keith Harper reporting that a draft lease for the Rose Theater project will be available by March 4, 1991, and that a letter has :::>een requested from the Deputy Attorney General by February 28, 1991, was copied for council and referred to Unfinished BusineE,s later on the agenda. A letter dated February 27, 1991, from Cindy Wolpin requesting fifteen minutes to make her presentation of new information regarding the Union Wharf project was copied for Council. A memorandum dated February 27, 1991, from Margaret Caro reiterating her reasons for support of the City Council's decision to remand the Townsend Meadows project to the Planning commission was copied for Council. A memorandum dated February 28, 1991, from Rick Sepler regarding the proposed extension of 20th Street was copied for Council and referred to the Street/Storm Drainage/Ligbt Committee. A memorandum dated February 28,1991, from Rick Sepler reporting on the status of the Coastal Zone Management Program 306 funding for the Waterwalk Trail was copied for Counci],. A letter dated February 28, 1991, from Pat:ricia Warren, Director, Jefferson county Historical Society, commenting on the Rose Theater grant and restoration on behalf of the Board of Trustees of the Jefferson County Historical society was copied for Council and referred to Unfinished Business later on t:he agenda. A letter dated February 28, 1991, from Kevin Burgler, President, Main Street, in support of the efforts of Phil Johnson and the city of Port Townsend to restore the Rose Theater with grant monies made available through the Historic Community Theater Development Grant Program was copied for Council and referred to Unfinished Business later on the agenda. A memorandum dated February 28, 1991 , :from Pete Raab, Chair, Historic Preservation commission reported that the commission has completed its design review of the proposed renovation and reuse of the Rose Theater was copied for Council and referred to Unfinished Business later on the agenda. A memorandum copied for Council on February 28, 1991, from George and Helen Cotton in opposition to the rezoning of the Port Townsend Motel property was copied for Council and referred to the Public Hearing later on the agenda. A petition copied for Council on March 1,1991, in support of the Rose Theater restoration signed by 13 c:.tizens was referred to Unfinished Business later on the agenda. A memorandum copied for Council on March 1, 1991, from John Barr stating his concerns that the 49th Street sewer passes through an extensive system of wetlands was referJ~ed to the Water/Sewer Committee. A memorandum dated March 1, 1991 , from Rick Sepler suggesting additional conditions for Summit Communi~ations Conditional Use I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. permi t 9010-4 and Variance 9010-5 were copied for Council and referred to Unfinished Business later on the agenda. A memorandum dated March 1,1991, from Etta Roth urging Council to consider violations of the Townsend Meadows Planned unit Development that have already taken place and changes in the project and remand the development to the Planning Commission was copied for Council. A memorandum dated March 1, 1991, from Rick Sepler addressing concerns expressed by Council and community members regarding the proposed expansion of the cable television antenna tower fa,cili ty by Summit Communications was copied for Council and referred to Unfinished Business later on the agenda. This concludes the Consent Agenda. PUBLIC HEARINGS Rezone Request Application No 9101-07 -Service Activities Corporation. Mr Hildt reviewed the history of the application and the recommendations of the Planning Commission to grant the application. Mr Harper reviewed additional proposed findings, conclusions and conditions for the granting of the application. Mayor Shirley opened the hearing to the Public. Irwin Jones, representing Service Activities Corporation, was recognized and spoke in favor of the application stating that it was a mist:ake to zone the property as residential in the first place. Homer smith III was recognized and spoke in favor of the application saying the looks and safety of the Motel are being improved by the proponent. Jay J Kircher was recognized and spoke in opposition 1:0 the application stating that the motel is right below his bedroom window, has been there for 40 years and that his home has been there for 60 years before that; he does not feel that the property should be rezoned and does not want a restaurant below his bedroom window. Leona Brown was recognized and spoke in opposition to the rezone saying that if it is rezoned, all control of the use of the property is lost and it would adversely affect the value of her property. The motel can continue to operate under the present zoning. Barbara Bogart was recognized and stated that she: hoped that this would be a contract rezone that would only allow for the completion of the present projects and not be left Opt3n for increased use. Jim Doran was recognized and spoke in opposit:ion to the rezone stating that the motel was present when the zoning code was adopted and that a rezone in 1976 was denied. He stated that the proposed facade is structured for expansion of the mote!l, and recommended that a minor alteration on an existing non-conforming use without a rezone could be worked out that the neighbors would not oppose. Mr Doran suggested that the Council come 'to his property and see how expansion of the motel would impinge on his view and decrease the value of his property and others in the neighborhood. Robert Marriott was recognized and stated that. based on the report given by Jim Doran, he is opposed to the rezone. Irwin Jones was recognized and responded to several commentf; by Mr Doran including: the rezone is necessary; a spot zone is present now which would be removed with the rezone; expansion of the motel; property values; and greenbelts. There being no further test:imony, Mayor Shirley closed the hearing to the Public and turned to the Council for disposition. After a lengthy discussion, Councilmember Kenna made a motion that this be tabled to the continued por1:ion of this meeting on March 11,1991, at 5:00 PM, which was seconded by Councilmember Clise and passed unanimously by voice vote. BID AWARD Mr Wheeler recommended that Emerson Power Products be awarded the bid for the generator. Councilmember Owsley made a motion 1:0 that 165 166 MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. effect which was seconded by councilmernber Jones unanimously by voice vote. and passed RECESS Mayor Shirley declared a recess at 9: 05 PM. reconvened at 9:15 PM. The meeting was PUBLIC HEARINGS Conditional Use Permit No 9011-01 -Cabot. Mr Sepler reviewed the findings, conclusions and condition of the Port Townsend Planning Commission recommending approval of the permit. Mayor Shirley opened the hearing to the Public. Ron Rammage was recognized and spoke in favor of the permit. There bein~ no further testimony, Mayor Shirley closed the hearing to the P'lblic and turned to the Council for disposition. Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and condition and grant Conditional Use Permit No 9011-01 which was seconded by Councilmember Clise and passed unanimously by voice vote. Findings: 1. The applicant proposed to establish a bed and breakfast inn in the existing single-family dwelling located at 1306 Franklin Street in the R-III zoning district. Bed and breakfast inns are a conditional use in this zoning district. The applicant resides at the subject property. The subject property is located on thH corner of Franklin and Harrison Streets. The surrounding uses are primarily residential, with several bed and breakfast inns in the area. The dwelling was constructed in 1886. No expansion of the building is proposed. The applicant: proposes to rent five rooms to transient guests on a daily/weekly basis. 2. 3. The parking requirements for bed and breakfast inns state that two off-street spaces be provided for the owners use. In addition, one off-street parking spa<:e be provided for each guest room. A total of 7 spaces would therefore be required. There are currently 4 off-street parking spaces available on the subject property, located in two separate garages. The applicants have indicated that these :;paces are used to store their personal vehicles, and as such cannot be used to satisfy the 5 off-street parking spaces requi::-ed for the guest rooms. 4. 5. The dwelling in question has been identified on the map which accompanied the certification of the Port Townsend Historic District as being of primary sig'nificance. As such, additional required off-street parkir,g spaces are reduced by the number of on-street parking spaC'3S which are located on that portion of the public street right-of-way abutting the front and side lot lines of the property. There are 5 on- street spaces over twenty feet each available on the Franklin street frontage and 4 on-street spacEs available on Harrison Street, for a total of 9 on-street spaces. These spaces would fulfill the parking requirement for the guest rooms. 6. There are significant on-street parking demands in the area in which the subject property is located. Many of the residential properties in the area are unable to provide adequate off- street parking for their personal ve~icles. This increases the parking shortage in the immediatE~ area. A bed and breakfast, the Quimper Inn, was previously operated at this location for approximately te~n years. 7. I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. Conclusions: 1. The proposed bed and breakfast inn use of the subject building would not endanger the public health or safety, nor create a nuisance to the surrounding neighborhood. 2. The proposed use would be required to meet all the conditions and specifications set forth in the R-III zone in which the property is located, except for those legal, non-conforming conditions that were in existence prior to the enactm:ent of the Port Townsend zoning code of 1971. 3. The proposed use would not be injurious or detrimental to adjoining or abutting property. 4. The subject property is located in the R-III zoning district, and is surrounded by Single and multi-family development. There are similar bed and breakfast uses occurring in the immediate area. Therefore, the location and character of a bed and breakfast inn would be in harmony with the area within which it is located. 5. Al though the on-street parking demands of the immediat~e area are significant, the proposed use would have ample parking available. This is due to the greater street frontage and increased number of parking spaces found adjacent to corner lots. In consideration of the aforementioned findings and conclusions, the City Council grants the above-referenced application as conditioned: 1. Prior to issuance of a certificate of occupancy, the premises shall be inspected and approved by the Washington Stat:e Fire Marshal. UNFINISHED BUSINESS Condi tional Use permi t 9010-07 & Variance No 9010-03 -'Summi t Communications. After a lengthy discussion, Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit 9010-07 which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings: 1. The applicant, Summit communication, Inc, owns and operates the cable television franchise in Port Townsend. The antenna tower, located at 35th and Rosecrans Streets, re!cei ves television broadcasts and distributes the signal to subscribers over coaxial cable. The tower and adjacent equipment building were authorized by the City Council on December 21, 1976, by conditional use permit and variance. The variance permitted the tower to extend to a height: of 60 feet. The conditional use permit was granted for a period of fifteen years and expires on December 21, 1991. 2. The applicant proposes to raise the antenna tower to a height of 80 feet and add a 10' diameter microwave receiving dish centered at the 75 foot level. The purpose of the modifications is to improve television reception to subscribers by receiving low power microwave signals from the company's Maynard Mountain communications site near Gardiner. This will eliminate "ghosts" that currently exist on channels 4,5, and 7 which are caused by the signal reflection caf;t from the Columbia Center building in Seattle. The Maynard Mountain signal will not augment those transmissions received directly 167 168 8. 9. MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. by the Port Townsend antenna from ~:eattle, Bellingham and Victoria, B.C. 3. An extension identical to the one which is proposed was constructed in October, 1990, wit.hout proper permits. Neighborhood complaints caused the city to ask that the extension be removed and applica1:ions be made for a conditional use permit and variance. The company apologized and promptly removed the extension. The property is in the R-IA zoning dÜ:trict and is surrounded by single-family residential development. Several of the nearby houses were constructed aftE!r installation of the antenna tower. "Radio and televisio:r1 broadcasting stations and masts" are permitted by conditional use permit in the R-IA zone. A new conditional use permit if: required to permit the expansion, as well as to extend the duration of the permit. As the height limit in the RI-A zone is thirty-feet, an additional variance is also required to permit raising the antenna tower to eighty-feet. 4. 5. Neighborhood complaints recei ved when the tower was temporarily raised included view obf:truction, trash, trash burning, adverse affect on property values and potential public health affects from microwaves. 6. Mr. Jeff Chapman of the Jefferson County Assessors office has provided information on possible pro:(:,erty value impacts from the addition of the dish and raising of the tower (see attached). Mr. Chapman states that these visible alterations would not incur any change in the effnct this site has on the value of neighboring properties. 7. The proposed facility would have a microwave receiving dish, which would not generate electromagne1:ic radiation. Research provided by the Municipal Research a:tld Services Center (see attached) has determined that a "receiving only" facility does not emit potentially hazardous electric and magnetic fields. A bibliography of relevant research into this matter is attached. In addition, the applicant has requested that Irv Berteig review the potential health hazards associated with a project of this type. Mr. Berteig waf> a hearing examiner for King County, and in this capacity was responsible for identifying the electromagnetic radiation problem in and around the Cougar Mountain antenna farm. Mr. Berteig's findings indicate that the electromagnetic radiation density level of the proposed site would be far below the existing standards for King county. Note: Jnfferson County has not adopted standards for electromagne:tic radiation density levels. Currently 1,700 households (apprcximately 51% of all households in Port Townsend) are served by cable television. Channel 8 has been specifically dedi<::ated for local access, and currently features 6 to 7 hours per week of programming originating from the community. Port Townsend does not-have a local radio station, or a daily newspaper. As such, there has not been a means available to provide public information to the co~nunity on a daily basis. The increasing number of homes with célble television presents an opportunity to achieve this. It is feasible that city Council and Planning Commission meetings, community events and local educational programming could be' telecast in the future. I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. Conclusions: 1. The proposed expansion, if developed under the concH tions imposed below, will not endanger the public health or safety, or allow conditions which will tend to generate nuisance conditions. 2. Under the conditions of the variance (9010-05) granted concurrently, the expansion meets all required conditions and specifications set forth in the R-IA zone. 3. The expansion will not be injurious to adjoining or abutting property, but may have some detrimental effects which would be minor in extent and outweighed by the improved public service and necessity provided. 4. The location and character of the expansion, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is located and in g,eneral conformity with the comprehensive plan. In consideration of the findings and conclusions set forth berein, the City Council grants the application as conditioned: 1. The height of the antenna tower shall not exceed a hei9ht of eighty feet as authorized by variance 9010-05. 2. The applicant shall assure that all trash is removed from the site on the same day that it is created or deposited. The applicant shall not burn any material of any kind on or near the site. 3. 4. The applicant shall plant and maintain a continuous vege1:ati ve buffer along the entire perimeter of the installation. Planting shall conform to an approved landscaping plan, and shall be completed by March 31,1991. Planting methods shall follow accepted nursery standards and practices suited 1CO the particular conditions of the site. Channel 8 shall broadcast on a daily basis a schedule of upcoming City of Port Townsend meetings during evening hours (7: 00 pm - 11: 00 pm). The schedule shall be shown not: less than 1 time each hour, with each broadcast to be not less than 90 seconds in duration. The City will provide a schedule to be broadcast on a bi-weekly basis. 5. 6. Operations at this site shall be limited to receiving t:rans- missions only. 7. The conditional use permit is specific to Summit Commun- ication, and is assumable only after ratification by public hearing of the city Council. Exposed exterior storage shall be prohibited at the atltenna site. All cable spools and non-permanent materials that are currently stored on site shall be removed within 15 days of the approval of this application. 8. 9. The conditional use permit shall run with the franchise:, and shall terminate December 31,1995. Councilmember Westerman made a motion that the council adopt the following findings, conclusions and conditions and approve Variance No 9010-03 which was seconded by Councilmember Kenna and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Jones voting against the motion. 169 170 5. 6. 7. MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. Findings: 1. The applicant, Summit communication, Inc, owns and operates the cable television franchise in Pori: Townsend. The antenna tower, located at 35th and Rosecl'ans Streets, recei ves television broadcasts and distributes the signal to subscribers over coaxial cable. 'Ihe tower and adjacent equipment building were authorized by the City Council on December 21, 1976, by conditional us,e permit and variance. The variance permitted the tower to extend to a height of 60 feet. The conditional use permit was granted for a period of fifteen years and expires on December 21, 1991. 2. The applicant proposes to raise the antenna tower to a height of 80 feet and add a 10' diameter m:.crowave receiving dish centered at the 75 foot level. The purpose of the modifications is to improve television reception to subscribers by receiving low power miC'rowave signals from the company's Maynard Mountain communications site near Gardiner. This will eliminate "ghosts" that cur:r'ently exist on channels 4,5, and 7 which are caused by the signal reflection cast from the Columbia Center building in Seattll~. The Maynard Mountain signal will not augment those transmissions received directly by the Port Townsend antenna from Seattle, Bellingham and victoria, B.C. 3. An extension identical to the one whÌi::h is proposed was con- structed in October, 1990, without proper permits. Neighbor- hood complaints caused the city to ask that the extension be removed and applications be made for a conditional use permit and variance. The company apologized étnd promptly removed the extension. 4. The property is in the R-IA zoning district and is surrounded by single-family residential development. Several of the nearby houses were constructed after installation of the antenna tower. "Radio. and television broadcasting stations and masts" are permitted by condi tiona:L use permit in the R- IA zone. A new conditional use permit is required to permit the expansion, as well as to extend the ë.uration of the permit. As the height limit in the RI-A zone is thirty-feet, an additional variance is also required to permit raising the antenna tower to eighty-feet. Neighborhood complaints recei ved when the tower was temporarily raised included view obstruction, trash, trash burning, adverse affect on property values and potential public health affects from microwaves, Mr. Jeff Chapman of the Jefferson County Assessors office has provided information on possible prOpE!rty value impacts from the addition of the dish and raising of the tower. Mr. Chapman states that these visible al te:rations would not incur any change in the effect this site has on the value of neighboring properties. The proposed facility would have a microwave receiving dish, which would not generate electromagnetic radiation. Research provided by the Municipal Research and services Center has determined that a "receiving only" facility does not emit potentially hazardous electric and magnetic fields. A bibliography of relevant research into this matter is attached. In addition, the applicant has requested that Irv Berteig review the potential heal th ha:~ards associated with a project of this type. Mr. Berteig was a hearing examiner for King County, and in this capacity was responsible for identifying the electromagnetic radiation problem in and around the Cougar Mountain antenna farm. Mr. Berteig's findings indicate that the electromagnetic radiation density I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. level of the proposed site would be far below the existing standards for King County. Note: Jefferson County has not adopted specific standards for electromagnetic radiation density levels. 8. Currently 1,700 households (approximately 51% of all households in Port Townsend) are served by cable television. Channel 8 has been specifically dedicated for local access, and currently features 6 to 7 hours per week of programming originating from the community. Port Townsend does not have a local radio station, or Gl daily newspaper. As such, there has not been a means available to provide public information to the community on a daily basis. The increasing number of homes with cable television presents an opportunity to achieve this. It is feasible that city council and Planning Commission meetings, community events and local educational programming could be telecast in the future. 9. Conclusions: 1. The proposed variance would not amount to a rezone, nor constitute a change in the district boundaries. 2. Special conditions and circumstances exist which are pe:culiar to the land that are not applicable to other lands in the same district. Although the site is located at one of the highest points in Port Townsend, it is not of sufficient elevat:ion to provide a clear "line of sight" connection to ~[aynard Mountain. Locating the antenna at another site within Port Townsend would not improve this situation. 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. 3. special conditions and circumstances exist that do not result from the action of the applicant. The applicant did not create all the natural and manmade barriers to the expansion of the property. 4. The proposed antenna if constructed as designed would not 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 matE!rially detrimental to the public welfare or injurious to the property or improvements in the vicinity, although there may be some detrimental effects which would be minor in extent and outweighed by the improved public service and necessity provided. In addition, with the conditions set forth below, there will be sufficient screening between the project and adjoining uses. 6. The variance, if granted, would not be inconsistent with the zoning code purpose set forth in section 17.04.020 of the Port Townsend Municipal code. 7. The reasons set forth in the above-referenced application justify granting the variance. The variance is the minimum variance needed to make reasonable use of the land. 8. 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, and will not be injurious to the neighborhood or otherwise detrimental to the public wE!lfare. In consideration of the aforementioned findings and conclusions, the City Council grants the above-referenced application as conditioned: 171 172 MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. 1. The applicant shall assure that all t]~ash is removed from the site on the same day that it is created or deposited. The applicant shall not burn any mat,~rial of any kind on or near the site. 2. 3. The applicant shall plant and maintain a continuous vegetative buffer along the entire perimeter of the installation. Planting shall conform to an approved landscaping plan, and shall be completed by March 31,1991. Planting methods shall follow accepted nursery standards and practices suited to the particular conditions of the site. 4. Channel 8 shall broadcast on a daLLy basis a schedule of upcoming City of Port Townsend meetir.gs during evening hours (7:00 pm - 11:00 pm). The schedule 3hall be shown not less than 1 time each hour, with each broadcast to be not less than 90 seconds in duration. The city will provide a schedule to be broadcast on a bi-weekly basis. 5. A structural inspection and certification be made by a Wash- ington registered structural engineeI' for the entire instal- lation (including the existing townr, the proposed tower extension, and the proposed microwave dish individually and as a unit). The certification shall sta1:e that the installation is capable of wi thstanding the s1:rongest recorded Port Townsend wind/ice/weather event 01' established industry standards whichever is greater. In addition, the installation shall be designed to meet existing geo-stability standards appropriate for this geographical arE:a. 6. Operations at this transmissions only. receiving site limited shall be to Rose Theater Acquisition. Mr Harper explained the status of the lease for the Rose Theater and further ex~,lained that this should be tabled until the continued session on }/[arch 11, 1991. After a very lengthy discussion, it was the conSEmsus of the Council to table further action until March 11,1991, and Mr Harper and Mayor Shirley will try to get more information and help from the state. Resolution Authorizing Economic Development Council Contract. Mayor Shirley explained that this contract is being revised and will be forthcoming. Union Wharf: Shoreline Permit Extension. Mr Harper explained that this extension will be considered at the continued session PM on March 6, 1991, at 5: 00 PM and he will have a resolution for consideration at that time. Mr Hildt e}~plained that there are three questions on the table: 1) has there been substantial progress 2) does the situation merit the one year extension and 3) has the project changed to the extent that revisions are necessary to the shorelines permit. An extension 'to the shoreline permit does not imply anything else. Council Meeting Continuations. Mayor Shirley announced that he will continue this meeting until 5:00 PM tomorrow evening (March 6, 1991), and then will continue that meeting until 5:00 PM on Monday, March 11,1991. Wastewater Treatment Plant. Mr Wheeler ex¡:,lained the status of the lawsuit by Sensible Sewage Solutions and that there has been a delay in the settlement agreement that has caused the settlement agreement resolution to be held until March 11,1991. Mr Wheeler then explained the following resolutions: I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. RESOLUTION NO 91-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT. A contract with CH2M Hill to perform planning and design se:rvices for the secondary wastewater treatment plant. RESOLUTION NO 91-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT. A contract with CH2M Hill to assist in evaluating the value engineering study for the wastewater treatment plant. Councilmember Kenna made a motion that the Council adopt the! above resolutions which was seconded by Councilmember McCulloch and passed unanimously by voice vote. COMMITTEE REPORTS/STAFF REPORTS Street/Storm Drainage/Light. Councilmember Jones reported that the Committee met with 16 Washington Street neighborhood citizens to discuss the Washington Street improvements. Councilmember Jones set a meeting of the Committee for 5:00 PM on March 13, 1991. Parks/Property. Councilmember Camfield reported that the CoI11lmittee had requested information from Mr Early regarding the incre:ase of rates for the Golf Course which was received yesterday and distributed to the Committee. Councilmember Camfield set a meeting of the Committee for March 18, 1991, at 5:00 PM to discuss the Golf Course rates with Mr Early and youth in the downtown area with Mr Hero. pink House Ad Hoc. Councilmember Camfield set a meeting of the Committee for 7:00 PM on March 7, 1991. Styrofoam Bill. Councilmember Kenna asked to be excused from the meeting on March 6, 1991, as he has been asked to be in Olynlpia to testify on a styrofoam banning bill by Senator Paul Connor. Water/Sewer. Councilmember McCulloch reported that the coI11~ittee had met and discussed an easement wanted by the Departmlent of Natural Resources that is no longer necessary. The Committee discussed the need for an addendum to the Comprehensive Water Plan and made a motion to authorize a contract and scope of work with CH2M Hill to update the plan whiGh was seconded by Councilmember Clise and passed unanimously by voice vote. Councilmember McCulloch made a motion to approve an advisory committee consisting of Lee Wilburn, Bob Little, Barbara Bogart, Virginia Wolf, Ellen Poitevin, and Sue Sidle with Andy Thurston as the non-voting chairman for a Rate and Impact Fee Study which was seconded by Councilmamber Owsley and passed unanimously by voice vote. Councilmember McCulloch also reported that the Committee discussed upgrading water service to Adelma Beach to a larger waterline and Mr Harper is drafting an agreement with the residents. 173 174 MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. Councilmember McCulloch reported that Mr Wheeler had presented his interest in working toward a six-year Capi1:al Improvement Plan for the Water/Sewer Department Budget. Communi ty Services. Councilmember Wester-man reported that the Committee met with the manager of Superior Refuse, Gary Olels, and that progress is being made with the recycling program. Affordable Housing. Councilmember Westerman reported that a final report from the committee will be in the next packet and she is continuing to meet on the zoning and planr,ing sub-committee. Finance. Councilmember owsley set a meeting of the Committee for March 26,1991, at 5:00 PM to discuss the request of the Chamber of Commerce and to update information on city Dock. Parks/Property. Councilmember Camfield reminded everyone of a meeting of the Committee for March 13, 1991, at 10:00 AM at the Public Works office with Tim Reimer that will include a walk at the Golf Course. McCurdy pavillion. Mayor Shirley reported that Centrum has requested to use one of the city's days at the McCurdy Pavillion for graduation and he had told them there would be no problem. Mayor Shirley also stated that guidelines :êor use of the pavillion are being established. Region 8 Tourism Council. Mayor Shirley l'eported that the Region 8 Tourism Council has requested representc,tion from Port Townsend from either the Councilor the Chamber of Commerce. Police Department Evualation. Councilmember Clise reported that the evaluation has been completed and requested that a copy be distributed to the Police committee. Mayo::- Shirley responded that he will be receiving a copy and will make Bure it is copied to the Committee. Side Sewer Contractor License. CouncilmeD~er Kenna made a motion that the council approve a Side Sewer Contractor license for Vantage Homes, Inc, 'which was seconded by Councilmember Jones and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DH:CUSSION Garbage Collection. A brief discussion of the definition of multi- family and commercial accounts in the garbage contract ensued. Records Disclosure by EDC. Mr Harper explained that the Econonmic Developement Council (EDC) is a private non-profit corporation and the only public money received is by contract. Based on his analysis of a state opinion, it is his opi:1ion that the EDC is not under the obligation of public disclosure, open meetings law, etc, of a public agency. Language about public records will be included in the contract for the future. Automobile Acauisition. Mr Wheeler announced the purchase of a vehicle for Public Works, a caravan for use by all city departments, a vehicle for city Hall and other purchases are in the works. Coastal Zone Management Grants. Mr Hildt announced that the city was awarded a grant for the waterwalk and is withdrawing its application for a grant for the Point Huds,:m area because the Port of Port Townsend wrote a letter stating that it is not timely for them to participate. councilmember Representation at Other Meetings. A discussion of other meetings requesting attendence by Councilmembers ensued. Mayor Shirley is attending meetings of thH Steering committee for I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. Jefferson County and the Library Board has requested Community Services Committee members take turns attending their meetings. Brushing policy. Mr Wheeler reported that the Street Departrlent is mapping some of the roadsides. Jacqueline Ricard and Kathryn Jenks have mapped the same roads from the standpoint of vegetation and environmental concerns. A meeting has been set for both groups to get together and compare notes on April 6, 1991, at Kah Tai, to develop a brushing plan for the coming year. seaview Sewer LID. A brief discussion of revegetation and road work to be done in the area where the sewerline installed by Inline Construction for the Seaview Sewer Local Improvement District ensued. RECESS Mayor Shirley recessed the meeting until March 6,1991, at ~i:OO PM at 11:42 PM. MINUTES OF THE REGULAR SESSION OF MARCH 5,1991, CONTIWJED The City Council of the City of Port Townsend met in continued session this sixth day of March, 1991, at 5:05 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 Owsley and Sheila West,erman. Councilmember Kenna was excused. Also present were Deputy Treasurer Vera Franz, City Attorney Keith Harper, and Director of Planning and Building Michael Hildt. UNFINISHED BUSINESS Union Wharf: Shoreline Permit Extension. following resolution. Mr Harper explained the RESOLUTION NO 91-21 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND GRANTING AN EXTENSION OF TIME UNDER SHORELINE APPROVALS FOR UNION WHARF. After discussion, Councilmember Owsley made a motion that the Council adopt Resolution No 91-21 which was seconded by Councilmember Clise and passed unanimously by voice vote. Styrofoam Bill. Mayor shirley reported that Councilmember Kenna had called from Olympia to report that the styrofoam bill to ban styrofoam on State ferries had passed through committee in Olympia. Rose Theater. Mayor Shirley also reported that councilmember Kenna is meeting with State Representative Evan Jones on the Rose 'Ilheater project. RECESS Mayor Shirley recessed the meeting until March 11, 1991, at ~):OO PM at 5:20 PM. MINUTES OF THE REGULAR SESSION OF MARCH 5,1991, CONTIMJED The City Council of the City of Port Townsend met in continued session this Eleventh day of March, 1991, at 5:05 PM in the council Chambers of City Hall, Mayor Brent S shirley presiding. 175 176 MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. ROLL CALL councilmembers present at Roll Call were Je~n Camfield, John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treaf;urer David Grove, city Attorney Keith Harper, and Director of Planning and Building Michael Hildt. UNFINISHED BUSINESS Rezone Application No 9101-07 -Service Activities. Mr Harper explained the following Resolution and Con1:ract provisions as well as the findings of fact. He then outlined ;:;uggested changes to the findings and conditions which were agreeable to the applicant and neighbors. ORDINANCE NO 2231 AN ORDINANCE REZONING LOTS 1,2, 3, 4, 6 AND 8 OF BLOCK 68, HASTINGS SECOND ADDITION, FROM EXISTING R-II AND R-III ZONING ']'0 C-II ZONING AND MAKING AMENDMENTS TO THE OFFICIAL ZONING MAP OF THE CITY; ESTABLISHING CONDITIONS TO THE REZONE; AND, ESTABLISHING AN EFFECTIVE DATE. After discussion, including the neighbo:rs, Mr Grove read the ordinance by title. Councilmember Kenna 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 Kenna made a motion that the Council adopt Ordinance No 2221 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. RESOLUTION NO 91-2¿ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH REZONE APPLICATION NO 9101-07. Councilmember McCulloch made a motion 1:hat the Council adopt Resolution No 91-22 which was seconded by Councilmember Owsley and passed unanimously by voice vote. Rose Theater Acquisition. councilmember C.Lise outlined a proposal for the purchase of the Rose Theater. After a very lengthy discussion, including Steve Oliver, Attorney for Phil Johnson, Phil Johnson, and Mr Harper, Councilmember Clise made a motion that the Mayor and city staff meet with the proponents to draw proposed plan to purchase and renovate thE! Rose Theater and bring it back to City council on March 14, 1991, at 5:00 PM which was seconded by Councilmember Camfield and passed with five Council- members voting in the affirmative and Councilmembers Jones and Owsley voting against the motion. Settlement of Secondarv Sewer. Mayor Shirl ey reported that this is not ready for action and continued it until March 14,1991. Pink House Ad Hoc Committee Meeting. councilmember Camfield announced that a meeting of the CommitteE! is set for 7: 00 PM on March 13, 1991. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session to discuss litigation including Keith Harper and David Grove at 6:25 PM. The meeting was reconvened at 6:50 PH. I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont. RECESS Mayor Shirley recessed the meeting until March 14, 1991, at ~): 00 PM at 6:50 PM. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned on March 14, 1991. Attest: tJ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MARCH 19, 1991 The City Council of the City of Port Townsend met in regular session this Nineteenth day of March, 1991, 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, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, city Attorney Keith Harper, Director of Planning and Building r-fichael Hildt and Public Works Director Robert Wheeler. PUBLIC COMMENTS Rocky Friedman was recognized and questioned if he should speak at this time about the Rose Theater or if he would be allowed to speak later on the Agenda. Mayor Shirley responded that the Rose 'I'heater Acquisition will be addressed later and that he should speak at that time. CONSENT AGENDA Councilmember Jones made a motion to approve the following i1:ems on the Consent Agenda which was seconded by Councilmember owsley and passed unanimously by voice vote. Approval of the following Bills and Claims: Current Expense Street Library Park Emergency Medical Services Community Development Block Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 40,200.97 4,631.70 74.06 625.33 10,925.76 4,991.00 39,299.16 42,744.10 12,369.55 185.00 $156,046.63 Grant setting Hearings: Rezone Application 9011-03 and Conditional Use Permit Application No 91-3-02 -City of Port Townsend for April 2, 1991. Shoreline Substantial Development Permit Application No 9103-02 -City of Port Townsend will also be considered for this project at this mE~eting. 177