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HomeMy WebLinkAbout02/07/1989 108 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989 The City Council of the City of Port Townsend met in regular session this seventh day of February, 1989, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield, John Clise, Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Councilmember Karen Chang was excused. Also present were City Attorney Keith Harper, Public Works Director Ted stricklin, Clerk- Treasurer David Grove and Assistant Planner Kevin O'Neill. I PUBLIC COMMENTS V Wayne Hackett was recognized and read an open letter, on behalf of the Port Townsend Senior Association, to the City Council and Uptown Merchants regarding the need for continued cooperation and mutual planning for the Port Townsend Community Center. He outlined the desires and activities of the Seniors in their support of the Center and emphasized the cooperation necessary between the City, County, Seniors and others for a successful project. He reported that there was a meeting held to consider an alternative parking proposal which did not include representatives of the Seniors. He alleged that later, the City Council approved a plan which violated the spirit of cooperation with the Seniors. He presented a copy of his remarks and a petition signed by 79 people opposing the revised plan for parking offered by the Uptown Business people. During discussion, Councilmember Kenna affirmed that his motion during the last Councilmeeting did not specifically mention one particular parking plan over any other and was only an attempt to state that an alternative plan could be considered if deemed necessary by the City, County and Seniors for green space or safety factors, etc. A letter written by Mr Sweat of the Uptown Business Merchants requesting a change in the parking plan was passed to the Councilmembers after the last meeting for information only. I Alton Swanson was recognized and questioned the charge for storm drainage of $5.00 per month on his utility bill. He stated that he is on a septic system and will never be hooked up to a sewer line. It was clarified that all property inside the city limits with development on the property has to pay the minimum charge and that if any streets are used, the property owner will receive benefit of the storm drainage system. Mr Swanson also questioned why he has to take his garbage to Discovery Road instead of the end of Seventh Street as requested by the garbage company. Mayor Shirley explained that the contract states that the garbage company can cha~~a packout fee if they have to go off of a paved street. Louise Kendall was recognized and presented two petitions signed by 10 homeowners and 7 renters residing in the vicinity of Sherman and Hancock Streets opposing the rezone of Lots 2 through 7 of Block 279 and Lots 1 through 8 of Block 280, Eisenbeis Subdivision from R-I to R-III as requested in Rezone Application 8807-04 later on the agenda. Mayor Shirley requested that anyone else wishing to comment on this rezone to wait until the Public Hearing later on the agenda. CONSENT AGENDA I Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice vote. Approval of the minutes of January 17,1989, as corrected without reading. Approval of the following Bills and Claims: 109 MINUTES OF THE REGULAR SESSION OF F~BRUARY 7, 1989" Cont. I Current Expense Street Library Park Fire Equipment Const Emergency Medical Serv Capital Improvement Federal Shared Revenue Storm Drainage Const Water/Sewer Storm/Surface Water Equipment Rental Firemen's P & R Total Setting Hearing: Variance Application 8812-01 -Stern Approval of Appointments: $ 45,459.36 1,104.08 530.47 7,786.60 8,962.29 1,030.58 4,661. 60 18,841. 62 8,284.96 56,136.76 5.00 3,856.36 85.20 $156,744.88 on Feb 21, 1989 Name Barbara Gemberling* Paul Boyer* stephanie Lutgring* Bertram Levy* Dan Harpole Mike Mortenson * Reappointment Board or Commission Arts Commission Arts Commission Arts Commission Arts Commission Arts Commission Library Board Term Expires 2/01/91 2/01/92 2/01/92 2/01/92 2/01/91 9/19/90 I RESOLUTION NO 89-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Tony Rodeghier has agreed to construct an eight-inch sewer line in Redwood Street from U Street to V Street within the City of Port Townsend. RESOLUTION NO 89-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. The City Sewer Department has agreed to construct and eight-inch sewer line in Redwood Street from W street to V street and from T Street to S Street within the city of Port Townsend. RESOLUTION NO 89-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. I D L Keegan has agreed to construct an eight-inch sewer line in 32nd Street extending 210 feet west of manhole at 32nd Street, and Silver Street within the City of Port Townsend. RESOLUTION NO 89-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. 110 MINUTES OF THE REGULAR SESSION OF FEBRUARY ~ 1989, Cont. D L Keegan has agreed to construct a four-inch water line in 32nd Street in front of Lots 3 and 4 of Block 38 and Lots 11 and 12 of Block 26 within the City of Port Townsend. RESOLUTION NO 89-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. I Peter Paley has agreed to construct an eight-inch sewer line in Redwood Street from T Street to U Street within the City of Port Townsend. RESOLUTION NO 89-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. The Port Townsend City Council shall conduct a Public Hearing on Street Vacation Application No 8812-02 from the Jefferson County Public Works Department on March 7, 1989. Communications: A letter dated January 17, 1989, from Art Tickner and Herb Heinle was copied for Council asking permission to plant dahlias again this summer on the same city property that turned out so successful last summer. This was referred to the Parks/Property Committee. A letter dated January 18, 1989, from Michael Hildt, Executive Assistant, to Ruth J Hickenbottom informing her of the hearing scheduled for February 21,1989, by the Legislative/Environmental Committee on her request for renewal of the conditional use permit for her school/day care center at 1632 32nd Street was copied for Council. I A letter dated January 18, 1989, from Michael Hildt, Executive Assistant, to Paula Amell informing her of the hearing scheduled for February 21, 1989, by the Legislative/Environmental Committee on her request for renewal of the conditional use permit for the Puffin and Gull Motel at 825 Washington Street was copied for Council. A letter dated January 18, 1989, from Michael Hildt, Executive Assistant, to Robert J Roth, President, R J Roth Management Inc, informing him that the Parks Department staff has reported that the mi tigating measures pertaining to litter control are not being carried out by McDonalds' as agreed with the City Council was 'copied for Council. A letter dated January 20, 1989, from Paula Amell to the Council and the Legislative/Environmental Committee answering the complaints of Carole Greene, a guest at the Puffin and Gull Motel in June, 1988, and asking why the delay in forwarding the letter from the Chamber of Commerce was copied for Council. Mrs Amell also stated that she has not had any other complaints to her knowledge. This was referred to the Legislative/Environmental Committee. I A letter dated January 24, 1989, from Peter Badame, Manager, Jefferson Transit Authority, to Mayor Shirley was copied for Council regarding the Conditional Use Permit for the Learning Play Care Center and the activities of the transit buses at 31st and Hendricks. This was referred to the Legislative/Environmental Committee. II! MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. I A letter dated January 27, 1989, from Lois M smith, Director, Juvenile and Family Court Services, was copied for Council requesting that the City's budgeted funds for 1988 support of Juvenile Diversion Services be reappropriated to be included in the 1989 item to permit inclusion of the fourth quarte,r 1988 for support. This was referred to the Finance Committee. A letter dated January 27,1989, from Nancy Graham was copied for Council requesting street lighting on the corners of CSlSS and Van Ness and Calhoun and Van Ness. This was referred to the Street/ storm Drainage/Light Committee. A letter dated January 30, 1989, from Randy and Janice Andrus was copied for Council requesting a franchise or authorization to begin a carriage ride business in Port Townsend serving Downtown, Uptown and various Bed and Breakfasts with possible day trips to Fort Worden. This was referred to the Street/Storm Drainage/Light Committee. This concludes the Consent Agenda. BID OPENING Petroleum Products. Mr Grove announced that there were two bids received for petroleum products and opened the following: Name Harper Oil Thomas oil Regular .553 .575' Regular Unleaded .553 .575 Super Unleaded .668 .691 #2 Diesel/ Furnace oil .59 .583 I Councilmember Camfield made a motion that the city award the bids for Regular, Regular Unleaded and Super Unleaded to Harper oil and the bid for #2 Diesel/Furnace Oil to Thomas Oil which was seconded by Councilmember Jones and passed with five Councilmembers voting in the affirmative. Councilmember Owsley abstained from taking part in this bid award. Rubber Tired Loader Backhoe. Mr Grove announced that there was one bid received for a rubber tired loader backhoe and opened the following: Smith Tractor and Equipment Co Base Bid: $44,691.72 This bid was turned over to Mr stricklin for review. Tractor and Mower. Mr Grove announced that there was one bid received for a tractor and mower and opened the following: Sahlberg Bid: $44,010.75 (includes 8.1 State sales tax) This bid was turned over to Mr stricklin for review. PUBLIC HEARING I Rezone Application 8807-04 -Am Amburn. Et Al. Mr O'Neill reviewed the background of this application and the findings and conclusions of the Port Townsend Planning Commission. Mayor Shirley opened the hearing to the public. William Amburn was recognized and spoke in favor of the application stating that access to Sims Way will be a problem no matter what is done with the property. Mayor Shirley reminded Council of the petitions delivered by Mrs Kendall earlier during the meeting opposing this application. Mi]ce Hoy was recognized and spoke against the application citing already heavy traffic on Sims Way near Hancock and Sherman Streets as: well as no provision for pedestrian traffic. He presented a letter to Council from Jim Shea, Drivers License Examiner, stating that the addition of the rental units to the existing traffic in the area would J /2. MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. create a significant traffic hazard at the intersections of Sherman and Sims Way and Hancock and Sims Way. He also presented a letter from James Tavernakis, DDS, and member of the Planning Commission, stating that to rezone these lots would go against The Comprehensive Plan, The Gateway Project, the vast majority of public testimony and the City's own rezoning ordinance. Roy Parkinson, Frank Vane, Lonnie Gould and Janelle Weyhmiller were all recognized and spoke against the rezone saying they had bought or built in the neighborhood because it is R-I and they are worried about the condition of the roads, traff ic congestion, property values and access to, from and across Sims Way. William Amburn spoke saying that if a project like this were to take place any other place in town, it would still amount to a need for "spot zoning". Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After a lengthy discussion of the present ratio of R-III to R-I, concern over the notification to owners, the addition to the rezone asked for by the Council previously, full development traffic problems, the fact that the. property abuts R-III and C-II zones, the opposition of the rezone that had not been heard at the previous hearing by the neighbors when the area to be rezoned was smaller, reducing the area to be rezoned, Councilmember Jones made a motion to table the rezone until the next council meeting which was seconded by Councilmember Clise and passed unanimously by voice vote. Councilmember McCulloch requested more information on how the amount of R-III zoning in Port Townsend compares with other areas of the same population and more convincing documentation as to why we do need more R-III zoning. I Variance Application No 8811-03 -Mathias. Mr O'Neill reviewed th~ findings, conclusions and conditions of the Port Townsend Planning Commission. Mayor Shirley opened the hearing to the public. Jim Mathias was recognized and spoke in favor of the variance. There being no further testimony, Mayor Shirley closed the hearing to th~ public and turned to the Council for disposition. Councilmember Kenna made a motion that the Council adopt the following findings, conclusions and conditions and approve the variance which was seconded by Councilmember Clise and passed unanimously by voice vote. I Findings: 1. The applicants propose to construct a single-family residence, tool shed, and garage on a portion of vacated Cosgrove Street located to the northwest of Lots 5 and 6, Block 6, pettygrove's First Addition. The city Council vacated that portion of Cosgrove Street to the applicants in February, 1988. The developed portion of Cosgrove Street is located to the north of the proposed building site, and would provide access to the site. The applicants propose to construct a shed and garage within 5 feet of the northern property line of vacated Cosgrove Street. Because section 17.20.020 of the Port Townsend Municipal Code requires a front setback of 20 feet, a variance is required. 2. The applicants' property consists of Lots 5 and 6 on Block 6, Eisenbeis Addition, and the 60 x 100 foot portion of vacated Cosgrove Street. The total dimension of the subject property is 16,000 square feet. The property is located in the R-I zoning district. The City of Port Townsend owns the abutting property to the north of the subject property, which is used for developed Cosgrove Street and Sather Park. The City also owns a small strip of land which separates the subject property from developed Cosgrove Street. The portion of unopened Cosgrove Street to the southwest of the subject property was vacated in August, 1988, while a portion o~ unopened Cosgrove Street to the northeast of the subject I I 3 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. I I I 3. property was vacated in December, 1988. The remainder of the abutting property is developed as single-family n~sidential. The developed portion of Cosgrove Street is not parallel with the northwestern property line of the site. Developed Cosgrove Street is approximately 20 feet from thE:! northeast corner of the subject property, and approximately 60 feet from the northwest corner. The City of Port Townsend has provided a 25-foot-wide access easement to the applicants from developed Cosgrove Street to the northeastern boundary of the subject property. 4. The City council, when vacating the portion of platted, unopened Cosgrove Street to the northeast of t:he subject property, maintained a 16.5 foot buffer between ,the vacated portion of Cosgrove Street and developed CosgrovE:! Street to ensure that there would be adequate space for any future need to expand the developed portion of Cosgrove Street for either traffic circulation or bicycle/pedestrian circulation. The buffer extends from the western edge of platted Taylor street to the northeast corner of the subject property. 5. The applicants propose to develop the northeastern portion of the subject property, which is the most level portion of the si te. The slope of the remaining portion of 1:he subject property ranges from approximately 15 to 25 percent. The applicants' plot plan shows that the proposed garage and shed would be constructed 5 feet from the front property line, while the proposed residence would be constructed on the southeastern portion of vacated Cosgrove StreE!t directly abutting the northwestern line of Lot 6. The applicants state that the slope of the property restricts development to the northeastern portion of the site. The applicants also maintain that since their property is already setback 20 feet from developed Cosgrove Street, that an additional 20 foot front setback requirement would be unnecessary. 6. Conclusions: 1. The applicants have requested a five foot front setback, reasoning that their property is already 20 feet from developed Cosgrove Street. However, as demonstrated in the City Council's decision to maintain a buffer betweEm developed Cosgrove Street and the Adjacent property, e}cpansion of developed Cosgrove Street may be necessary in the future. Therefore, development wi thin 5 feet of the prope!rty line on the northeastern portion of the subject property, as requested by the applicants, may in the future be closer than 20 feet from developed Cosgrove Street. 2. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. 3. Because the developable portion of thee subject property is constrained by steep slopes, and given the unique orientation of the site with the developed portion of Cosgrove Street, special conditions or circumstances exist which do not result from the actions of the applicant and are not applicable to other lands in the district. Since a uniform 20 foot setback requirement from the front property line would create an extraordinary setback from the developed street and restrict the developable portion of the site, a literal in1:erpretation of the provisions of the Port Townsend Municipal Code would deprive the property owner of the rights commonly en:io.yed by ',' ,'> II if MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. -'--'--"'--,.. --,-, other properties similarly situated in the district under Title 17.(Zoning). 4. The variance, as conditioned, would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 5. The granting of the variance would not be detrimental to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. I 6. The reasons set forth in the above-referenced application justify the granting of the variance, as conditioned, and the variance is the minimum variance that will make possible the reasonable use of the land. ' 7. Because the granting of the variance would be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code, the City Council grants the above-referenced variance as conditioned: 1. Because the developed portion of Cosgrove street is not parallel with the subject property, in a practical sense. the setback should be established not from the property line but rather from the northwesterly extension of the southern line of the buffer between developed Cosgrove Street and vacated portion of Cosgrove street to the northeast of the subject property. Therefore a setback line shall be established which is described as follows: (see Exhibit A). 2. Lot 6 and the applicants' portion of vacated Cosgrove' Street shall be tied together with a restrictive~ covenant. Furthermore, Lot 5 shall also be included in the restrictive covenant unless the applicants provide access to this lot through vacated Cosgrove street. I Exhibit A: Legal Description of Proposed Special Building Set Back to Apply to a Portion of Vacated Cosgrove Stre&t: That Portion of Vacated Cosgrove Street in the Ease One- half of Section 2, Township 30 North, Range 1 West, Willamette Meridian, lying adjacent to lots 5 and 6, Block 6, Al pettygrove's Addition to the City of Port Townsend, per plat thereof recorded in Volume 1 of Plats, at page 7, Records of Jefferson County, Washington, described as follows: The Northerly 6.82 feet of said Vacated Cosgrove as measured perpendicular to and lying 24.83 feet Southerly of the Southerly Margin of the Existing Constructed Cosgrove Street as same does now exist, and as depicted upon Record of Survey Recorded at Volume of Surveys at page, under Auditor's Fee Number, Records of Jefferson County, Washington. I situate in the City of Port Townsend, Jefferson County, Washington. Ordinance Proposing Amendment to Zoning Ordinance. Mr O'Neill explained the ordinance. Mayor Shirley opened the hearing to the public. Bob Pittinger, Ken Mikkelsen, Richard Romano and Juelie Dalzell were all recognized individually and spoke in favor of the ordinance stating that as the ordinances read now, there must be à residence on the property in order for a barn or garage to be built. There being no further testimony, Mayor Shirley closed the 115 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. I hearing to the public and turned to the Council for disposition. After discussion of the two drafts of the ordinance and the recommendations of the Planning Commission, the diffenmce between "barn" and "garage", home occupations and accessory buildings, why some one would build a garage and not live nearby, build a barn or garage that would turn into a workshop, or turn into a motorhome or trailer parking area for weekend stays, etc, Mr Grove read the ordinance by title. ORDINANCE NO 2144 AN ORDINANCE RELATING TO ZONING, DEFINING "BARN" AND "PRIVATE GARAGE", PERMITTING BARNS AND GARAGES AS PRIMARY USES IN THE R-IA ZONING DISTRICT, ADDING NEW SECTIONS AND AMENDING SECTIONS 17.16.010 AND 17.16.030 OF THE PORT TOWNSEND MUNICIPAL CODE. I Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed by voice vote with Councilmembers Clise and Jones voting against the motion. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2144 which was seconded by Councilmember Camfield. Councilmember Clise explained that he would rather have this ordinance go through the normal process of separate readings in order to get more input from the citizens. After a brief discussion, Councilmember McCulloch rescinded her motion and Councilmember Camfield rescinded her second. Councilmember Kenna made a motion to table the ordinance until the next meeting which was seconded by CouncilmE!mber Owsley and passed unanimously by voice vote. ' Bid Award for the Loader Backhoe and Tractor and Mower. Mr stricklin recommended acceptance of both bids. Councilmember Jones made a motion that the Council award the bids to smith Tractor for the Rubber Tired Loader Backhoe in the amount of $434-,691.72 and to Sahlberg for the Tractor and Mower in the amount of $44,010.75 which included State Sales Tax of 8.1% (Seattle rate) which was seconded by Councilmember Owsley and passed unanimously by voice vote. COMMITTEE REPORTS Finance Committee. Councilmember Owsley made a motion that an ordinance be prepared to reappropriate the funds fr()m the 1988 Budget to the 1989 Budget to include funds for the fourth quarter of 1988 as requested by Lois smith for the Juvenile Diversion Services which was seconded by Councilmember McCulloch and passed unanimously by voice vote. I Councilmember Owsley reported on a meeting with the Fr:Lends of the Library in which it was reported that the fund raising E~fforts have been successful and that the Council would only have to finance the $150,000 originally pledged. The Tiles are still being sold and some corporations are still being contacted. The 1987 costs have risen to 1989 costs and cuts are being considered. ThE~ Friends of the Library will be coming to Council with a list of prioritized items and their costs with requests for funding at a future date. Park/Property. Councilmember Camfield requested that a letter be sent to Mr Tickner and Mr Heinle commenting on how it added to the City last year and how grateful we are that they are considering planting the dahlia garden again this year. Entrance Sign. Mayor shirley reported that he had talked to the Design Committee of the Main Street Project and they volunteered to take a look at the entrance sign. 116 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. Police/Fire/Animal Control. Councilmember Clise reported meetings have been held with Bayshore on developing an animal welfare program that is not yet completed. Councilmember Clise also reported on a meeting held to deal with the wood heating and air pollution problem. He reported that it was felt that some action on an educational basis would be a place to start. He reported that the Committee recommended that the city Council, with the help of staff, set a public hearing to increase public awareness and education regarding the problem, the laws and plans of action. The hearing should include representatives of the Washington State Air Pollution Control Authority, other affected State agencies, County and City officials and interested citizens. Following the hearing, further discussion on how to address the local situation and what actions can be taken should occur. It was decided that this should not be held during a regular council meeting. I RESOLUTION NO 89-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CHANGE ORDER TO THE HANDICAPPED IMPROVEMENT CONSTRUCTION CONTRACT WITH REIJNEN CONSTRUCTION Mayor Shirley explained that the reason for the change order is that there is fresh water in the elevator pit that requires modification of the concrete construction. Councilmember Clise made a motion that the Council adopt Resolution No 89-10 which was seconded byCouncilmember Owsley and passed unanimously by voice vote. I Styrofoam Leaislation. Mayor Shirley announced that Portland has passed legislation banning the use of styrofoam and copies of the ordinance is on each Councilmembers' desk. Councilmember Jones made a motion to set à public hearing for March 7,1989, to discuss potential banning of the use of polystyrene in the City which was seconded and passed unanimously by voice vote. UNFINISHED BUSINESS Resolution Designating Rosemary Place for street Purposes. Mr Harper explained that a title report on what used to be Dodd street and also Rosemary Place should be obtained before a resolution is passed. He stated that an ordinance may have to be passed to name Dodd Street. Councilmember Camfield made a motion that the Council authorize the City to obtain a title report as requested by the City Attorney which was seconded by Councilmember Jones and passed unanimously by voice vote. NEW BUSINESS Shoreline Substantial Development Permit Application No SDP 88-0019 -Washinaton state Parks. Mr O'Neill announced that Mike Ramsey, Washington State Parks is present to answer any questions. He then reviewed the staff report that was submitted by the Jefferson County Planning Department. After a brief discussion with Mr Ramsey about the moving and restoration of rip-rap and sills, the cost of )the project and the landscaping of the area, Councilmember Kenna Jmade a motion that the Council accept the following findings and approve the application which was seconded by Councilmember Camfield and passed unanimously by voice vote. I 1. The Jefferson-Port Townsend Shoreline Management Master Program requires that a s'k~eline substantial development permit be issued by the City~f Port Townsend for development I I I 117 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. of the proposal. The following sections of the program apply in the review of the proposal: 1.20, "PUrpOSE!S"; 4.101, "Aquatic Designation"; 4.103, "Conservancy Designation"; 4.203, "Conditional Use"; 5.70, "Dredging"; 5.100, "Landfills"; 5 .140, "parking Facilities"; 5 .150, "Recreational Facilities" ; 5 .180, "Shoreline Defense Works" , 5 .190, "Transportation Facilities". 2. The proposal has been administratively classified as a condi tional use in aquatic and conservancy desiqnations by criteria established in the Jefferson-Port Townsend Shoreline Management Master Program. 3. Reshaping the beach grade to natural contours by placing drift stabilization sills, moving existing parking facility, and replacing dune grass is dependent use. No work would be conducted below higher high water. grading, road and a water the mean 4. Point Wilson is a unique accretion shore from created by wave action and littoral drift of eroded materials froßI the bluffs to the west and south. Past human activities have intruded upon the natural shoreline and interfered with natural shoreline processes. 5. Relocation of the loop road and parking area, construction of a bike trail, foot path, and boardwalk, and removàl of some rip-rap are intended to preserve and enhancepu]t)lic accesS without interfering with the natural shoreline processes.. 6. , ", ' ' , The rip-rap at Battery Kinzie has been subjeèt to wave damage due to the fact that the toe and ends have not been adequately set in the substrate and anchored back into 'the upland. Engineering plans have been formulated to address these problems. ' ' ' , In replacing the rip-rap which protects historiè ~attery' Kinsie, haul roads would be constructed over existing rip-rap in order to minimize impacts to the beach and uplands. ' 7. 8. , , Notice of the application was made by publishing le~gal notices in the December 7 and 14, 1988, editions' of the Port Townsend- Jefferson County Leader, and posting the site of t,he proposed development with notices on December 8, 1988'. ,. , The proposal has been reviewed according to the, 'Washington state Environmental policy Act by the Washington State':parks and Recreation Commission as lead agency. The Coß~issionhas issued a determination of non-significance for the proposal on July 31, 1987. The determination stat~s that ,the anticipated environmental checklist and the prepa:r::aticmof an environmental impact statement was not necessary.. 9. 10. Notice of the public hearing scheduled for January 18,' 198'9, was made by publishing a legal notice in the, Port Townsend- Jefferson County Leader and notifying by mail interested parties. The public hearing is held by the Jefferson-Port Townsend Shoreline Management Advisory Commission. RESOLUTION NO 89-11 A RESOLUTION OF THE CITY COUNCIL OF THE CI'1'Y OF PORT TOWNSEND AUTHORIZING THE MAYOR '1'0 EXECUTE AN AMENDMENT TO AGREEMENT WITH CH2M HILL. Mr Stricklin explained the resolution. Councilmember J"ones made a motion that the Council adopt Resolution No 89-11 which was 118 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7,1989, Cont. seconded by Councilmember Clise and passed unanimously by voice vote. RESOLUTION NO 89-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING ITS SALE. I Mayor Shirley explained the resolution. Councilmember Jones made a motion that the Council adopt Resolution No 89-12 which was seconded by Councilmember Clise and passed unanimously by voice vote. RESOLUTION NO 89-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL. Mayor Shirley explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 89-13 which was seconded by Councilmember Owsley and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Jones reported that he has heard complaints from time to time from the public that they were not able to hear what the 'Councilmembers are saying. It was suggested that clip-on microphones for the Councilmembers as well as staff might be looked into. It would be an improvement over the system that is now used. In the meantime, the Councilmembers were reminded to be sure to speak into the microphones. Councilmember Owsley asked the status of the Davidson matter. Mr Harper replied that he had not had time as yet to look into it. I Councilmember Clise asked the status of the Jefferson Shelter. He understands that the permit process involves safety and welfare measures. Mayor Shirley explained that a conditional use permit has been applied for, and that safety issues, primarily fire safety, that are substantial improvements, have to be made before the place is even safe to sleep in. He has been working with the Community Action Council and the Police Chief to find funds to put the clients up in motels until the problems have been worked out. The major problem is funding and there is a question on whether they have support from or affiliation with st Vincent de Paul as they allege. Mayor Shirley asked for cooperation from Council with Public Hearings. After the hearing has been closed to the public, questions by Council to the audience give the impression that the hearing is open again. Mr Harper suggested that the Mayor could call for questions from the Councilmembers before formally closing the hearing to the public which Mayor Shirley decided he would try. Councilmember Camfield asked if Mr Harper has had time to look up his notes on the Golf Course. Mr Harper stated he has not had the time but it is on his list. Mayor Shirley reported he had spoken to Mr Early and had been told that the fee is up to $75.00 for anyone to use the room depending on if they have meals there. Mr Harper explained that he seems to recall that the fees were to be based on actual costs associated with the meeting; utili ties, clean-up, etc. I 119 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1989, Cont. EXECUTIVE SESSION I Mayor Shirley declared a recess into Executive Session at 10:14 PM, to discuss pending litigation. He indicated that in addition to City Council, he would like David Grove and Keith Harper to be in attendance. The meeting was reconvened at 10:41 PM. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:41 PM. ~~ Attest: ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF FEBRUARY 21, 1989 I The City Council of the City of Port Townsend met in regular session this twenty-first day of February, 1989, at 7: 30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield, Karen Chang, John Clise, Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Also present were City Attorney Keith Harper, Public Works Director Ted stricklin, Clerk-Treasurer David Grove and Executive Administrative Assistant/Planner Michael Hildt. PUBLIC COMMENTS Dorothy Callaway was recognized and protested the closing of Jefferson Street between Walker and Cass Streets. Nancy Milholland was recognized and reported on the activities of the Halapa-Port Townsend Sister City Committee. She invited everyone present to their fifth anniversary celebration on Friday night, February 24th at the Jefferson County Recreation Center. Doug Milholland was recognized and explained that the sister city committee is looking for a truck they can give to Halapa. I An unidentified citizen asked the City Attorney for a response to a letter which the Street Committee referred to him. Mr Harper explained that the abutting property owner to a street right-of- way may use the street right-of-way on his side in any way as long as it does not restrict use by the public. Phil Rich was recognized and asked the City Public Works Department to take a look at the intersection of 49th and Cook Ave,nue because of additional erosion and his fear that the roadway may give way. Mayor Shirley asked him what the neighborhood would say if the City had to close the road there. Mr Rich indicated that it would make them unhappy because the pending condition was brought to the ci ty' s attention more than a year ago. Mayor Shirley explained that there is no intent to do that in the long run, but it may be necessary on a short term basis. A discussion ensu-:!d about an