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HomeMy WebLinkAbout02/21/1989 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 PfJ[. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:41 PM. 63:=b~ 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 Davidl 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 WorkB 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 city'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 ensued about an .4", 120 MINUTES OF THE REGULAR SESSION OF FEBRUARY 21, 1989, Cont. al ternate route which might be acquired and the disposition of standing water in the area. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. I Approval of the minutes of February 7, 1989, as written without reading. Approval of the following Bills and Claims: Current Expense Street Park Emergency Medical Water-Sewer Storm and Surface Equipment Rental Firemen's Pension Total Services $10,993.88 4,541.54 230.60 20.00 13,755.65 426.72 1,145.57 14.00 $31,127.96 Water and Relief Setting Hearings: variance Application No 8812-04 -P T Honda on 3-7-89 Rezone Application No 8812-05 -Lodwich on 3-7-89 Approval of Resolutions: RESOLUTION NO 89-14 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Roger Murphy has agreed to construct an eight inch sewer line in Hill Street from 16th Street to 17th Street and in 17th Street from Hill street to Jackman Street within the City of Port Townsend. RESOLUTION NO 89-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Roger Murphy has agreed to construct a six inch water line in Hill Street from 16th Street to 17th Street and in 17th Street from Hill Street to Jackman Street within the City of Port Townsend. RESOLUTION NO 89-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. I Andy Thurston has agreed to construct a six inch water line in 23rd Street from Sheridan Avenue to Cleveland Street within the City of Port Townsend. Communications: The Council received an Environmental Checklist dated December 28, 1988, from David Lesser and Marion Lodwick on a proposal to turn a single family home into a duplex at 1428 9th Street. This was referred to the Legislative/Environmental Committee. 121 MINUTES OF THE REGULAR SESSION OF FEBRUÄRY 21, 1989, Cont. A letter dated February 7, 1989, from Donna L Leckenby with notes on it from steve Scharp was copied for the Council asking the city council to reconsider the plan they have formulated to declare the Charles Pink house surplus. Mr Scharp's notes contradicted the letter and were in support of its removal. This letter was referred to the Parks and Property Committee. I The Council received a letter dated February 13, 1989', from Lois Smith, Director of Juvenile and Family Court Services, in support of the continuance of a Condi tional Use Permit, for Ruth Hickenbottom to operate the Learning Play Care Center. This letter was referred to the Legislative/Environmental Committe!e. A letter from Jack Gray, supervisor of the Division of Children and Family Services of the Department of Social and Health Services in Port Townsend, dated February 13,1989, was copied for the Council offering additional information for the Committee to consider in evaluating the Conditional Use Permit for the Learning Play Care Center. This letter was referred to the Legislative/Environmental Committee. The Council received a letter dated February 13, 1989, from Ruth Hickenbottom responding to complaints about the Learning Play Care Center she operates. This was referred to the Legislati vel Environmental Committee. The Council received a letter in support of the Learning Play Care Center from Joan P Nelson, Child Protective Services, dated February 15, 1989. This was referred to the Legislative/ Environmental Committee. I The Council received a letter dated February 15, 1989, from Jay Vollmer offering some suggestions about handicap par}dng in the City. This was referred to the Street/Storm Drainage/Light Committee. The Council received a request from Gerald J Rodgers to have an extension to the deadline for the final subdivision on Conditional Use Permit No 8807-01 for a condominium at 1805 Water St,reet. This was referred to the Legislative/Environmental Commi ttele. The Council received a request from Terry Steben dated February 16, 1989, asking for permission to clear some trees in the street right-of-way adjacent to lots 15 and 16 in Lauren Shadla Addition. This was referred to the Street/Storm Drainage/Light Committee. The Council received a letter dated February 16, 1989, from M Whealdon opposing the use of the old second hand store as a shelter for the homeless. This was referred to the Legislative/ Environmental Committee. I The Council received a letter dated February 19,1989, from Becky White and Alician Sneed reporting their intention to start a horse drawn carriage business. This was referred to the S1:reet/Storm Drainage/Light Committee. This concludes the Consent Agenda. PUBLIC HEARING variance Application No 8812-01 -Paul and Susanne Stern. Mr Hildt reviewed the recommended findings of fact and conclusions of the Planning Commission who are recommending approval of t:he request for a variance from the front yard setback requirements to allow a newly constructed roof extension to remain on their house at 813 Mosley Place. Mayor Shirley opened the hearing to the public. Mr Kermit Enander was recognized and spoke in favor of the application. There being no further testimony, Mayor shirley 122 4. MINUTES OF THE REGULAR SESSION OF FEBRUARY 21, 1989, Cont. closed the hearing to the public and turned the application over to the Council for disposition. Councilmember Jones made a motion to grant the variance and adopt the following findings and conclusions which was seconded by Councilmember Owlsey and passed unanimously by voice vote. Findings: I 1. The applicants have constructed a 132 square foot roof extension as part of a remodel of their existing single family dwelling at 813 Mosley Place. The distance from the building line of the existing dwelling to the front lot line varies from 17 feet at the northeast corner of the building to 23 feet at the southeast corner of the building. The eaves of the existing roof extend 2 feet beyond the building line, which is permissible under the zoning code (17.20.030, Port Townsend Municipal Code). The addition of the existing roof extends approximately 7.5 feet from the existing building line, and approximately 12 - 13 feet from the front lot line. Because Section 17.20.010 of the Port Townsend Municipal Code requires a front setback of 20 feet, a variance is sought so that the roof addition may remain as built. 2. The subject property is located in the R-I zoning district, and is surrounded on all sides by residential development. The dwellings surrounding the subject property have front setbacks of approximately 20 feet. The site is approximately 8,600 square feet and fronts on Mosley Place, which has a 20 foot right-of-way. The eastern portion of the site is level, whi le the western portion of the property has a seve're downward slope. I 3. The applicants applied for and received a City of Port Townsend Building Permit in August, 1988. The building plans submitted by the applicants' contractor did not indicate any new construction would take place at the front of the existing dwelling. The roof addition was shown on the elevations submitted by the contractor, but it was not labeled as new construction. The City Building Inspector approved the remodel plans believing that they complied with the City setback requirements, and discovered upon inspection of the property that new construction had been undertaken at the front of the building which did not comply with the front setback requirements. The applicants and the contractor were notified that the roof addition did not comply with the front setback requirements in the zoning code, and a variance application was submitted. The applicants state that the modifications to the existing dwelling, including the roof addition, were performed in compliance with the construction drawings that were approved by the City. The applicants also state that the variance should be granted since the roof addition improves the appearance of the property, covers only part of an existing concrete driveway, and does nothing to encroach upon any neighbors property or views. I Conclusions: 1. 2. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. Because the developable portion of the subject property is limited by steep slopes, 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. A literal interpretation of the provisions of the Port Townsend 123 MINUTES OF THE REGULAR SESSION OF FEBRUARY 21, 1989, Cont. Municipal Code would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). 3. The variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. I 4. The granting of the variance would not be detrimEmtal to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. 5. The reasons set forth in the above-referenced application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land. 6. 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. COMMITTEE REPORTS Street/Storm Drainage/Light. Councilmember Jones announced a meeting of the Committee at 5:00 PM on Tuesday, February 28th to consider several of the items referred to them. ORDINANCE NO 2145 I AN ORDINANCE OF THE CITY OF PORT TOWNSEND DEDICATING A PORTION OF THE SOUTH 1/2 OF SECTION 2 IN TOWNSHIP 30 NORTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, WITHIN THE CITY 1\.8 A PUBLIC STREET; ESTABLISHING A NAME FOR THE STREET THUS CREATED AS "DODD PLACE"; AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mr Harper explained that the City has received a title report that establishes that the City has clear title to this piece of ground and all questions with regard to access have been re:solved. He then explained Ordinance No 2145. Mr Grove then 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 Jones 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 2145 which was seconded by Councilmember Jones and passed unanimously by roll call vote. I Legislative/Environmental. Councilmember Kenna made a motion that the Council issue a declaration of non-significance on the proposal from David. Lesser to convert a single family reside:nce into a duplex which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Kenna made a motion that the Council issued a mitigated declaration of non-significance on the proposal of Douglass and Nancy Lamy to build a three story building on their property provided the following mitigating measures are taken which was seconded by Councilmember Jones and passed unanimously by voice vote. Mitigating Measures: 1. A storm drainage plan shall be s~itted to and approved by the City Public Works Director. (reference Questions 20 & 22) 124 MINUTES OF THE REGULAR SESSION OF FEBRUARY 21,1989, Cont. 2. It does not appear that the proposed building will create a view obstruction for a substantial number of adjacent residences and properties. Final City Council determination on building height shall be deferred until a public hearing is conducted by the Jefferson County/Port Townsend Shoreline Advisory Commission. (reference Question 55) I 3. The applicants shall submit a parking plan which meets all requirements and specifications of the Port Townsend Municipal Code. (reference Question 69) Councilmember Kenna reported that the Committee has met with Mrs Hickenbottom and the other interested parties about the Learning Play Care Center and plan additional meetings on the site with them after the Street Committee has made a recommendation. Councilmember Kenna reported that they met with the Amells about the extension of the Conditional Use Permit for the Puffin and Gull Motel and reported that the Department of Social and Health Services had some items that they wanted them to take care of. He reported that the measures requested have been taken by the Amells, and indicated that the Committee is recommending that the permit be renewed for six months so that the Council can take another look at it at the end of the summer. He indicated that thereafter, it is their recommendation that it be renewed for a full year. He made a motion to that effect which was seconded by Councilmember Owsley. Councilmember Jones recommended that the use of a six month review period be used whenever there are any concerns expressed about renewable conditional use permits until concerns seem to be satisfied. The motion passed unanimously by voice vote. RESOLUTION NO 89-17 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE A CHANGE ORDER WITH REIJNEN & CO. Mayor Shirley explained that this change order would provide $540 for additional electrical work to be completed. Councilmember Camfield made a motion to adopt Resolution No 89-17 which was seconded by Councilmember Jones and passed unanimously by voice vote. UNFINISHED BUSINESS Amended Rezone Application No 8897-04 -William Amburn. et ale Mayor Shirley explained that additional notices are being sent on this request to be sure that all interested parties have an opportunity to address the Council and recommended that the Council set an additional public hearing for March 7,1989. Councilmember Clise made a motion to that effect which was seconded by Councilmember Jones and passed unanimously by voice vote. ORDINANCE NO 2144 AN ORDINANCE RELATING TO ZONING, DEFINING "BARN" AND "PRIVATE GARAGE", PERMITTING BARNS 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 Mayor shirley explained that all readings of this ordinance have been taken care of and all that is left is to vote on the adoption. Mayor Shirley opened the meeting to receive public comments at this time. Mr Robert Pittinger was recognized and explained his plight in trying to build a garage across th~ street from his home. He 125 MINUTES OF THE REGULAR SESSION OF FEBRUARY 21,1989, Cont. I complained after months of effort, this ordinance will still not let him have a permit to build his garage. Richard Romano was recognized and expressed his support of this ordinance. There being no further public input, Mayor Shirley closed the public comments and turned the ordinance over to the Council for disposition. Councilmember McCulloch made a motion to adopt Ordinance No 2144 which was seconded by Councilmember Camfield. After further discussion about the problems related to tying property together which is divided by a street, Mr Donald Sundberg was recognized from the audience and expressed concern about the placement of farm animals in a residential neighborhood and asked for clarification on what restrictions there are pertaining to animals. Mr Hildt explained the restrictions called out in the zoning ordinance. The motion passed by roll call vote with six Councilmembers voting in the affirmative. CouncilmE~mber Jones voted against the ordinance. NEW BUSINESS RESOLUTION NO 89-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A STREET LEASE TO PORT TOWNSEND CHAMBER OF COMMERCE. I It was explained that this resolution will allow the Chamber of Commerce to enlarge the visitor's center to better serve the public. Councilmember Clise made a motion to adopt the resolution which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Cheryl Van Dyke was recognized and explained that they plan to apply for the necessary permits tomorrow and have a ground breaking ceremony on March 1, 1989. A discussion ensued about the use of the new facilities and landscaping plans. RESOLUTION NO 89-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE WASHINGTON CITIES INSURANCE AUTHORITY. Mr Grove explained that the City Council elected to participate in a group worker's compensation retrospective rating plan last year and it is time to decide whether or not to participate again this year. He explained the success of the 1987 group and t:he services available from the insurance authority. After a brief discussion, Councilmember Jones made a motion to adopt the resolution which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Jefferson County/Region 8 Tourist Update. Cheryl Van Dyke was recognized and passed out some statistical reports and explained some of their plans for the future months. I Conditional Use Permit No 8807-01 -Gerald Rodgers. Collncilmember Kenna made a motion to extend the deadline for submission of a final subdivision from March 7, 1989, to June 7, 1989 ¡, which was seconded by Councilmember Owsley and passed unanimously by voice vote. Coats for Volunteer Firemen. Councilmember Owsley made a motion that the necessary budget adjustments be made to approve the purchase of the coats requested by the Port Townsend Volunteer Fire Department which was seconded by Councilmember Chang and passed unanimously by voice vote. 126 MINUTES OF THE REGULAR SESSION OF FEBRUARY 21,1989, Cont. Conditional Use Permit for Lincoln Inn. Councilmember Kenna made a motion to extend the Conditional Use Permit for the Lincoln Inn for one additional year which was seconded by Councilmember Camfield and passed unanimously by voice vote. Shoreline Advisory Board Member. Councilmember Jones made a motion to approve the appointment of Pete -Kaiser for another three year term to represent the City on the Port Townsend/Jefferson County Shoreline Management Advisory Board which was seconded by Councilmember Chang and passed unanimously by voice vote. I COUNCILMEMBERS GENERAL DISCUSSION Councilmember Clise pointed out a checklist in the most recent issue of the Association of Washington Cities News for improvement of City Services. He requested that the Council receive some feedback on how our city stands when compared with the checklist on law enforcement. Councilmember Jones pointed out that in the same issue was the suggestion that a Safety Committee be created. Councilmember McCulloch recommended that the public be advised as to who is in charge of the disposit~on of the Charles Pink house. Mayor Shirley explained that bid specifications are presently being prepared for the removal of the building from the site. Mr Grove explained that opinions are presently being sought from the National Board for Historic Preservation in Denver, Colorado. Councilmember McCulloch suggested that the Mayor touch base with the Library Board. Councilmember Camfield asked the City Attorney of his recollection about inclusion of the restaurant income in the calculation of rent for the Golf Course. He indicated that there is nothing in the agreement about it and Councilmember Camfield recalled that it would be negotiated at the time the restaurant became operational. When asked if he thought the present arrangement is fair, Mayor Shirley indicated that he was comfortable with it. I EXECUTIVE SESSION Mayor Shirley declared a recess into Executive Session at 9:27 PM, to discuss pending litigation. He requested that the City Attorney, Clerk-Treasurer and Executive Administrative Assistant/ Planner remain and everyone else clear the room. The meeting was reconvened at 10:10 PM. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:10 PM. 63X2 I Att~~ Clerk-Treasurer