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HomeMy WebLinkAbout03/06/1990 392 MINUTES OF THE SPECIAL SESSION OF FEBRUARY 27, 1990, Cont. George Brown, Mayor Shirley, Councilmember Westerman, Councilmembl::!r McCulloch and Councilmember Jones taking part along with 11r Wubbena, Mr Nicholson and Mr Peterson. PUBLIC COMMENTS Mayor Shirley opened the discussion to the public. Discussion ensued about a septage treatment system or some other type of system by Jefferson County and accompanying revenue problems, the disposal of sludge, an adequate schedule for the pumping of septic tanks and costs, the actual cost of the secondary treatment plant:, current septic tank pumping schedules, and the size of the treatment plant with and without the increased capacity for septaçre from Jefferson County. It was indicated that the county is buying time to look for al ternati ves by using the treatment plant,. Options were discussed for disposal of the sludge generated by the treatment plant. The cost of building the plant elsewhere, control of the amount of septage accepted, new methods and technologies and the time it takes to prove them, sewer rate cost to city residents, reasons for the rise in noise level, the amount of chlorine stored on site, and ways to protect the plant from contamination were all discussed. Concern was expressed that the city is going to have to go through this again in twenty years, and that other hazardous chemicals will be on site other than chlorine. These subjects were posed and discussed by the following: Francesca Knowles, Ron McElroy, Kent Taylor, Jack Owens, Kathryn Jenks, Barbara Bogart, John Heal, Carrie LaRue, Zygmund Spindor, Jim Pickrell, Scott Walker, Councilmembers Westerman and McCulloch, Mayor Shirley, Margaret VanderGrift, John Merchant, Dave Llewellin, Greg Knowles, Pete Bonyun, the county Commissioners, Mr Wubbena, Mr Nicholson and Mr Peterson and several unidentified persons. I ADJOURNMENT I There being no further comments by the Public, the City Councilor guests, Mayor Shirley declared the meeting adjourned at 10:25 PM, Attest: ) Deputy City Treasurer MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990 The City council of the city of Port Townsend m~t in ~~~~;~~I session this sixth day of March, 199°! at 7:30 ~M! ln the Chambers of City Hall, Mayor Brent Shlrley presldlng. ROLL CALL J Camfield John Clis,=, Councilmember ,present at roi~ c:;~u~~~~h e~rma Owsl~y and Sheila Vern Jones, Mlke Kenna, Ju le - ~asurer David Grove, ci'ty Westerman. ,AlSO present ;:~:icCI~~~k~r Director Ted stricklin, Attorney Kelth ~arper'd B 'lding Michael Hildt and Planner Kevin Director of Plannlng an Ul O'Neill. I PUBLIC COMMENTS , t d meeting of the street/ ~~~~m Tg~~~~~~e/~~;;tC~~~~~~~ea;~~e:::~uses : proposal for a wetland enhancement project by the golf course. 393 MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. Street/storm Drainage/Light. Councilmember Jones set a meeting of the Street/storm Drainage/Light Committee for March 19, 1990, at 5:00 PM to discuss this subject. I Francesca Knowles was recognized and presented a Report to the City Council she had compiled regarding the Secondary Sewer Treatment Plant. Lisa Heinkel was recognized and expressed her support on behalf of herself and her neighbors for the acquisition of lots adjacent to Bishop Park by the city. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by councilmember Owsley and passed unanimously by voice vote. Approval of the Minutes for February 8, 13 and 20, 1990, as corrected without reading. On February 20,1990, the Police/Fire/ Animal Control Committee report should read "The Committee suggested that when emergency services are called for after hours, the recipient should be billed for the cost." Approval of the following Bills and Claims: I Current Expense Street Library Library Renovation & Construction Park Emergency Medical Services Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 58,102.38 3,589.22 4,168.77 1,383.71 1,500.23 722.00 78,246.16 303.46 122,846.02 99.92 $ 270,961.87 Setting Hearing: Conditional Use Permit App 8910-03 -Port of Port 'I'ownsend for 3-20-90 Adoption of Resolution: RESOLUTION NO 90-24 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. Street Vacation Application No 8912-05 from Robert and Jacqueline Rickard to vacate the portion of unopened Oneonta Stree!t extending north from West Diamond Street to the bluff overlookinçr the Strait of Juan de Fuca including the vacation of two alleys. The hearing will be conducted on April 3, 1990. I Communications: A letter dated February 20, 1990, from Diane Weerts voicing her opinion and concerns regarding the sewage situation in Jefferson County was copied for Council. A letter dated February 26, 1990, from Michael Official, Planning and Building Director, to rescinding a city street Department Permit to street right-of-way that was issued in error Council. Hild't, Building William Barth, perform work in was copied for , 394 MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. A letter dated February 27, 1990, from R Marie Zimmermann, LSCA Administrator, Library Planning and Development Division, to Beverly Shelton, Director, Port Townsend Public Library, approving the site plan for the entrance and parking on the library construction project and giving official notice to proceed with this phase of the project was copied for Council. I A letter dated February 28,1990, from David M Hansen, Deputy State Historic Preservation Officer, to Marie Zimmermann as approval of the State Historic Preservation Officer for the actions of the City Council in regard to the proposed removal of the Pink House rear additions was copied for Council. A letter dated March 1, 1990, from James H Prince stating the results of a poll of his neighbors regarding the removal of the tree at Maple and V streets was copied for Council and referred to the Street/storm Drainage/Light Committee. This concludes the Consent Agenda. PUBLIC HEARINGS Variance ApDlication No 8911-02 -Judith and Kurt Dobszinsky. Mr O'Neill reviewed the findings and conclusions of the Planning Commission recommending denial of the variance. Mayor Shirley opened the hearing to the public. Speaking in favor of the variance were Judith Dobszinsky, Ann Landis, Rick Tollefson, Cappy Mathias and Joan Deering. There being no further comments, Mayor Shirley closed the hearing to the public and turned the variance over to the Council for disposition. Councilmember Kenna made a motion that the Council adopt the following findings and conclusions and grant Variance Application No 8911-02 which was seconded by Councilmember Jones and passed unanimously by voice vote. I Findings: 1. The applicants are remodeling a single-family residence located at 535 Blaine Street in the R-I zoning district. The property is located on the southeast corner of Blaine and Madison Streets. The existing house had a porch on the side property line abutting Madison Street which was ten feet from the property line. The applicants propose to construct stairs encroaching into the setback area to within four feet of the property line. section 17 . 20 . 020 of the Port Townsend Municipal Code states that". . all buildings shall be a minimum of five feet from side and rear lot and/or property lines and ten feet from any street right-of-way. ." Therefore, a variance is required to expand the porch steps to within four feet of the Madison Street right-of-way. 2. The applicants were issued a building permit in August, 1989, for the remodel of the residence. The remodel includes the addi tion of 560 square-foot kitchen and family room area. The remodel also involves raising the foundation of the existing building, thus requiring more stairs from the existing porch to the ground. When the building permit was issued, the proposed stairs were not included in the permit, since they did not conform to the setback requirements. I 3. The subject property is described as Lots 5 and 7, Block 17, Plummer's Addition. The dimensions of the property are 110 feet by 110 feet, or 12,100 square feet. The residence, which was constructed in 1889, is 25 feet from the Blaine Street right-of-way abutting the northwest property line; 35 feet from the northeast property line; and approximately 50 feet from the southeast property line. The residence as expanded 4. I 5. 395 MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. covers 1,456 square feet of the 12,100 square foot lot, or approximately 12 percent. The subject property is surrounded by single-family development. The houses directly to the northwest and southeast of the property are built closer than 5 feet from Madison Street. The residence directly across Madison Street from the subject property is approximately 10 feet from Madison Street. The applicants state since the house was raised, more stairs from the porch are required, and the proposed location of the stairs would be the most appropriate location aesthetically. The applicants also state that the proposed porch extension would be consistent with the older houses in the surrounding area. Conclusions: I I 1. The proposed variance would not amount to a rezone nor consti tute change in the district boundaries shown on the official zoning map. 2. The existing residence and porch was constructed prior to the enactment of the zoning code only 10 feet from Madison street. The raising of the house requires additional steps be added. Therefore, a hardship would be imposed on the owner if the addition had to be reconstructed in conformance with the Port Townsend Municipal Code, and special circumstances exist which do not result from the actions of the applicant, and which are peculiar to the subject property and not applicable to other lands in the district. Therefore, a literal int:erpretation of the provisions of the Port Townsend 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. Many residences in the surrounding area have nonconforming setbacks. Therefore, the variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 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 hHreby grants the application. variance Application No 8912-01 -Admiral Marine Works. Inc. Mr O'Neill reviewed the findings and conclusions of the Planning Commission recommending approval of the variance. Mayor shirley opened the hearing to the public. Speaking in favor of the variance were Casey McKinney, Bart Phillips Executive Director of the Economic Development Council and Bill Medlicott. There being no further comment, Mayor shirley closed the hearing to the public and turned the variance over to the council for disposition. After a brief discussion, Councilmember Camfield made a motion that the Council adopt the following findings and conclusions and grant Variance Application No 8912-01 which was seconded by Council- member Jones and passed unanimously by voice vote. 396 7. MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. Findings: 1. The applicant proposes to construct an addition to an existing building located at 919 Haines Street. The property is located in the M-I zoning district. The applicant proposes that the building addition have a height of fifty feet. The bulk and dimensional requirements in Section 17.20.010 of the Port Townsend Municipal Code permit a maximum building height of thirty-five feet in the M-I zone. Therefore, a variance is required. 8 2. The existing building on the subject property has a gross floor area of approximately 16,375 square feet, and is thirty- five feet tall at its highest point. The proposed addition would add approximately 8,250 square feet of floor space to the building. The building is used for marine-related construction, maintenance, and repair. 3. The property surrounding the subject property is zoned M-I, and is used primarily for marine-related industrial and light manufacturing and repair. 4. The subject building is surrounding by buildings to the north, east, and southeast. A new boat storage building is being constructed to the southwest. The buildings to the north and east of the subject property are one-story, and have a height of approximately 15-17 feet. Port Townsend Boat Works is located to the southeast of the subject property, and has a building height approximately the same as the existing Admiral Marine building (thirty-five feet). The new building under construction to the southwest of the subject property also has a height of approximately thirty-five feet. I 5. The property to the west and northwest of the subject property across State Route 20 is developed as single-family residential. The property to the north and northwest slopes up from Sims Way, and the residences located in this area have views to the southeast of Port Townsend Bay and the boat haven area. The applicant has submitted several photographs taken from different vantage points adjacent to the site. The photographs show that increased view obstruction resulting from the proposed addition would be minimal. 6. Port of Port Townsend General Manager William Toskey has submitted a letter, dated January 29, 1990, regarding the proposed variance. In the letter he states that the Port Commission endorsed the proposed expansion of the applicant's building and recommended that the City approve the variance. He stated that the proposed height of the building expansion is no higher than the masts of many of the boats stored in the Port yards, and commented that the Port sees no disadvantages to have a fifty-foot building on the proposed site. The applicant states that the proposed building height of fifty feet is necessary to be able to construct boats between 103 and 140 feet in length within an enclosed work space, and that the thirty-five-foot height limit is not adequate for the height of these boats. The applicant also states that the proposed addition would be consistent with the existing building and other surrounding buildings in the area. The applicant also testified to the City Council that the demands of the marine construction trade have changed to the extent that the applicant's needs cannot be met with their present facility or with a new building of only thirty-five feet in height. The applicant further testified that he had spoken to the fire department, and that the fire department stated it had no problem accessing the proposed expansion. I I I 5. I 6. 397 MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. 8. The M-1 zoning district, in which the subject property is located, is designated for high-intensity, manufact,uring uses. The site is located within the Port of Port Townsend industrial park. Much of the surrounding property is used for boat storage, and the height of the masts of many of these boats exceed the height of the building requested by the applicant. 9. The application was considered at public hearings at the February 8, 1990, Planning commission meeting, and the March 6, 1990, City Council meeting. No testimony was received in opposition to the application at either public hearing. Conclusions: 1. The proposed variance would not amount to a rezone nor consti tute change in the district boundaries shown on the official zoning map. 2. The applicant states that the increased height of t~he building is necessary for the applicant's business to meet industry demands for constructing larger boats, and that the demands of the applicants business have changed, requiring a taller building. The present facility is located in an area zoned for marine-related construction, thus relocation to another zoning district would not be appropriated. Therefore, a hardship would be imposed on the owner if the addition had to be reconstructed in conformance with the Port Townsend Municipal Code. Therefore, special circumstances exist which do not result from the actions of the applicant, and which are peculiar to the property and not applicable to other lands in the district, and a literal interpretation of the provisions of the Port Townsend Municipal Code would deprive i:he property owner of the rights commonly en joyed by other properties similarly situated in the district under Title 17 (Zoning). 3. Since there are special circumstances and conditions as noted in Conclusion #2 above, the variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 4. The subject property is surrounded by manufacturing uses, and the proposed building expansion would be compatiblle with other buildings in the area. Furthermore, the increase!d height of the proposed building expansion would have very minimal view impact to surrounding residential propertie!s. View obstruction would also be minimal due to the building's location in the M-I zone and the site being a1: sea level surrounded by a bluff area. Therefore, 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. 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. 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 hHreby grants the application. Conditional Use Application No 8912-03 -Pamela Bird and Richard Lloyd. Mr O'Neill reviewed the findings and conclusions of thE' Planning commission recommending approval of the application. Mayor Shirley opened the hearing to the public. Richard Lloyd and Bill Medlicott spoke in favor of the variance. Mr Medlicott also 398 MINUTES OF THE REGULAR SESSION OF MARCH 6,1990, Cont. noted that a density amendment should be considered for conditional use permits for bed and breakfasts. There being no further comment, Mayor Shirley closed the hearing to the public and turned the application over to the Council for disposition. After a lengthy discussion of parking, Councilmember Clise made a motion that the city Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit 8912-03 which was seconded by Councilmember Jones and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Westerman voting against the motion. I Findings: 1. The applicants propose to establish a bed and breakfast inn and art and antique gallery in an existing building located at 538 Fillmore Street. The property is located in the R-III zoning district. On June 20, 1989, the city council passed Ordinance 2155, providing a use designation and provisions for bed and breakfast inns. Under the ordinance, a bed and breakfast inn is allowed as a conditional use in the R-III zoning district. An art gallery and antique sales are also permitted in the R-III zoning district with a conditional use permit. 2. The subject property is located on the southeast corner of Clay and Fillmore Streets. The property is described as Lots 6 and 8, Block 107, Original Townsite. The dimensions of the property are 110 feet x 110 feet, for an area of approximately 12,000 square feet. . 3. The subject property is surrounded by a variety of land uses. An automobile repair garage is located across Clay street to the northwest, while single-family residential buildings are located adjacent to the subject property to the northwest, the southeast, and across Fillmore Street to the west. There are also three bed and breakfast inns surrounding the subject property: the Holly Hill House to the northeast, Inn Deering to the southwest, and Captain Morey's to the southeast. Captain Morey's is also used as an art gallery. The property to the north and west of the subject property is zoned R-III; the remaining surrounding property is zoned R-II. The house on the property was constructed in 1886, and has approximately 4,100 square feet of floor area. There is also a carriage house on the property which is approximately 1,200 square feet. The house is classified as a secondary historical structure in the designation of the Port Townsend Historic District. Both the house and the carriage house are legal and nonconforming with regard to setback requirements. The proposed bed and breakfast use would have three units; the proposed art and antique gallery would take place in an 800 square-foot space, and operate from 10:00 am to 5:00 pm Tuesday through Sunday. The applicants state that the property has in the past been used as an antique business. I 4. 5. Section 6 of Ordinance 2155 states: I "A bed and breakfast inn or a tourist home shall provide two off-street parking spaces for the owner's use plus one parking space for each guest room, provided that for a bed and breakfast inn in a building which is: . a. Individually listed on the National Register of Historic Places, or b. Identified as either a pivotal, primary or secondary building on the map which accompanied the certification of the Port Townsend Historic District on May 17, 1976; the required number of off-street parking spaces shall be I I 399 MINUTES OF THE REGULAR SESSION OF MARCH 6,1990, Cont. reduced by the number of on-street parking spaces which are located on that portion of the public street right-of-way which is abutting the front and side lot lines of the property." Since three rooms are proposed, the proposed bed and breakfast inn requires five off -street parking spaces. Because the building is designated as a secondary historic structure, this requirement may be reduced by the number of available on- street spaces abutting the property. The subject property has 110 linear feet of frontage on both Clay and Fi1lmctre streets; there is a driveway into the property from Fillmore Street. Therefore, there is space available for five on-street parking spaces on Clay Street and four spaces and Fillmore Street, and no off-street parking spaces are required for the proposed bed and breakfast use. 6. On January 2, 1990, the City Council passed Ordinance 2175, amending the off-street parking requirements in the zoning code. Al though an art or antique gallery is not a listed use, it is considered under "retail, not otherwise listed." This use category requires one off-street parking space per 300 square feet of gross floor area. The proposed art and antique gallery would consist of 800 square feet of floor space; therefore, the off-street parking requirement would be 3 spaces (800/300 square feet). 7. Washington state law (RCW 70.62) provides regulations for transient accommodations having three or more uni ts. Transient accommodations must meet regulations est~ablished by the Washington State Board of Health, the Washington State Department of Social and Health Services, and the State Fire Marshall. 8. The applicant has amended the application in testimony before the City Council that the carriage house on the property will not be used as either a residential unit or a:; transient accommodations. Conclusions: 3. 4. I 1. The proposed bed and breakfast inn and art gallery uses of the subject property will not endanger the public health or safety, nor will a nuisance be created. 2. The proposed uses will be required to meet all of the conditions and specifications set forth in the R-III zone in which the property is located, except for those legal, nonconforming conditions which were in existence prior to the enactment of the Port Townsend zoning code in 1971. The proposed uses will not be injurious or detrimental to adjoining or abutting property. The property is surrounded by a mixture of land uses, including three bed and breakfast inns and one art gallery. Therefore, the location and character of the uses will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the City Council grants the above referenced application as conditioned. Conditions: 1. Three off-street parking spaces shall be provided in accordance with the provisions of Ordinance 2175. A 400 MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. parking plan shall be submitted and approved prior to occupancy of the art and antique gallery. 2. The proposed uses shall exhibit no outward appearance of a business or of a non-residential use, except for signs permitted by the Port Townsend Municipal Code. 3. Use of the property as a bed and breakfast restricted to three guest rooms. inn is I 4. The applicants shall comply with all applicable requirements of the state of Washington relating to transient accommodations. 5. If an occupancy permit is not obtained for the proposed use of the subject property within one year from the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void. 6. The carriage house may not be used as either residential unit or as a transient accommodation. a COMMITTEE REPORTS Library Construction. Bob Little'was recognized, reported on the status of the Library Construction and requested funding for sidewalks, paving, lighting and landscaping around the parking area. counci lmember Westerman made a motion to approve up to $25,000 for the removal of the back portion of the Pink House, the installation of the storm retention system, the engineering for the retaining wall as well as the requested sidewalks, paving, lighting and landscaping and direct that an emergency appropriation for the additional $25,000 be prepared for the budget and that the resource be from the proceeds from the sale of bonds which was seconded by Councilmember Camfield and passed unanimously by voice vote. I Finance. RESOLUTION NO 90-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A SERVICE CONTRACT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF JEFFERSON COUNTY. Councilmember Owsley made a motion that the Council adopt Resolution No 90-25 which was seconded by Councilmember Clise and passed unanimously by voice vote after discussion of parking required for the Union Wharf project. Councilmember Owsley reported that the Committee discussed vending machine fees and has directed Mr Grove to write a letter to Gordon stubb stating that the fees will not be relieved and that they apply only to machines that are 25 cents or more. Councilmember Owsley set a meeting of the Committee and Mike Early for March 12, 1990, at 5:00 PM to discuss fees owed to the city by the Golf Club. I Councilmember Owsley made a motion that the Council approve the payment of the City's share of $1859.34 for the trees on Tyler St:r;:eet which was seconded by Councilmember Clise and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Kenna abstaining. Street/Storm Drainage/Ligbt. Councilmember Owlsey reported that the Committee met with Brad Lovelace regarding his proposal for the development of his property at 30th and Hendricks and recommends 401 MINUTES OF THE REGULAR SESSION OF MARCH 6,1990, Cont. that the proposal be referred to the Planning Depar1:ment, Fire Chief and City Attorney for recommendations before any action is taken. I Councilmember Owsley reported that the Committee had discussed the request of Jim Prince to cut down a tree at Maple and V Streets. Steve Corra, City Parks Department, reported that it is a healthy tree but stated that there has been no set policy for the removal of trees, he is not qualified to make such judgments, and is in favor of an urban forester for proper planning for trees in the city. After discussion of the benefits of a city arborist, Councilmember Owsley made a motion that Mr Prince be allowed to have the tree removed by a professional, that two trees be planted in the general neighborhood and that a hold harmless agreement be signed, which was seconded by Councilmember Jones. AftE~r a lengthy discussion of the larger issue of trees and the Committee working on a policy for them, the motion passed with six Councilmembers voting in the affirmative and Councilmember McCulloch voting against. Councilmember Jones stated that this would be discussed at the meeting of the Committee set for March 19, 1990, at 5:00 PM. Councilmember owsley made a motion that Allan Engler be granted permission to remove a trees and stumps along the alley right-of- way between Holcomb and Jackman street between 10th and 14th which was seconded by Councilmember Jones and passed unanimously by voice vote. I Councilmember Owsley made a motion to grant Greg Bennet1: permission to plant trees at 123 Milo Street in the alley in front of and behind his property which was seconded by Councilmembe!r Jones and passed unanimously by voice vote. Councilmember owsley reported that the Committee had discussed opening Grant street between Third Street and West Sims Way as requested by the Fire Chief. An estimate of the cost involved is $18,000.00. Councilmember Owsley also reported that a parking improvement plan will be presented at the next meeting. Parks/Property. Councilmember Camfield thanked the Councilmembers for taking the trip up to Bishop Park and reporte!d that the property will be discussed later in the meeting. Water/Sewer. Councilmember McCulloch reported that the Committee had met with the PUD and discussed their water development plans and the possibility of working together with the City for a long range plan for development of wells and other water sources. The City is not in a position to consider additional sales of water or trades of service at this time. I Legislative/Environmental. Councilmember Kenna made a motion that the Council issue a mitigated declaration of non-significance for the subdivision proposed by Glen Wood which was :seconded by Councilmember Camfield and passed unanimously by voice vote. The mitigating measure is as follows: 1. A storm drainage plan for the entire site will be submitted as part of the short plat application and approval by the Public Works Director. Councilmember Kenna made a motion that the council issue a mitigated declaration of non-significance for the seven unit hotel proposed by Douglass and Nancy Lamy which was seconded by Council- member Camfield and passed unanimously by voice vote. The mitigating measures are as follows: 402 MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. 1. A fire hydrant will be installed by the applicants at the northeast corner of Water and Monroe Streets, in accordance with City specifications and the Uniform Fire Code. 2. Off-street parking for the proposal shall be developed in accordance with the provisions of Ordinance 2175. I Police/Fire/Animal Control. Councilmember Clise reported that the Committee is requesting the City Attorney to prepare documents to change license fees which should encourage people to alter their fertile animals, create a senior citizen rate, increase the impound fee structure, encourage donations for owner surrender, raising the kennel boarding fees and euthanasia fees. The Committee also suggested the adoption of ordinances requiring spaying and neutering of adopted animals, waiver of impound fee for the first time impoundment if the owner agrees to have a fertile animal altered and that after the third impoundment, the animal will be required to be altered. The need for a new animal shelter was also discussed and Chief Hinton has been requested to meet with Bayshore to push the process along. Participation by Jefferson County will be encouraged. Grant Street Sidewalk. Councilmember Camfield made a motion that the Council appropriate the amount of $5,500.00 plus tax and authorize the installation of the Grant Street sidewalk by Sukert Construction which was seconded by Councilmember Jones and passed unanimously by voice vote. Parks/Property. Councilmember Camfield set a meeting of the Committee for March 14, 1990, at 5:00 PM to discuss the issue of a Tree Committee and requested the presence of Steve Corra and Forrest Shomer. I Senate Bill #6358. Gas Tax. Mayor shirley announced that a portion of this bill permanently removes the toll on the Hood Canal Floating Bridge and includes an appropriation to take the toll booths out. UNFINISHED BUSINESS Addendum to Environmental Checklist and Determination of Non- Significance -Secondary Treatment Plant. Aft€r discussion, it was the consensus of the Council to continue this until March 13,1990, at 7:30 PM during which action will be taken. NEW BUSINESS RESOLUTION NO 90-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A WORKERS' COMPENSATION RETROSPECTIVE RATING GROUP AGREEMENT WITH THE WASHINGTON CITIES INSURANCE AUTHORITY. Mr Grove explained the resolution. Councilmember Clise made a motion that the Council adopt Resolution No 90-26 which was seconded by Councilmember Westerman and passed unanimously by voice vote. I RESOLUTION NO 90-27 A RESOLUTION AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES WITH PERATOVICH, NOTTINGHAM & DRAGE, INC., FOR STRUCTURAL INSPECTION OF CITY DOCK. 403 MINUTES OF THE REGULAR SESSION OF MARCH 6, 1990, Cont. Mr Hildt explained the resolution. Councilmember Clise made a motion that the Council adopt Resolution No 90-27 which was seconded by Councilmember Camfield and passed unanimouf;ly by voice vote. I COUNCILMEMBERS GENERAL DISCUSSION Forest Management. Councilmember McCulloch reminded the Council that Washington Timberland Management had offered their services to assist in managing city owned forest lands near Lords Lake, City Lake and Snow Creek. John Boulton has also offered some of those services and could do it locally. Since it takes a year's advance planning to replant trees, Mr Boulton has offered to look at the property involved and bring back a proposal to the Council. It was the consensus of the Council that this be done. Van Ness Street Sewerline. Councilmember Camfield re,ported that she has had a lot of questions from citizens about the project which was echoed by Councilmembers Jones and Kenna. ~[r stricklin reported that the problems with the sewerline project had not been anticipated and that it had taken a lot more time than planned and that normally the contractor notifies the neighborhood when water is going to be shut off. ORDINANCE NO 2184A I AN ORDINANCE RELATING TO WATER AND SEWERS; AMENDING SECTION 13.08.050 OF THE PORT TOWNSEND MUNICIPAL CODE PERTAINING TO THE REQUIRE:D CONNECTION OF SEWERS TO PREVIOUSLY UNOCCUPIED BUILDINGS; AND ESTABLISHING AN EFFECTIVE DATE:. City Attorney Harper explained the ordinance and the changes that have been made. Mr Grove read the ordinance by title. Council- member McCulloch made a motion that the first reading bE~ considered the second and the third be by title only which was seconded by Councilmember Clise and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2184}. which was seconded by Councilmember Jones and passed unanimously Jby roll call vote. ORDINANCE NO 2185A AN ORDINANCE VACATING THAT PORTION OF JEFFERSON STREET LYING BETWEEN WALKER STREET AND CASS STREET WITHIN THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE. I City Attorney Harper explained the ordinance and the changes that have been made. Mr Grove read the ordinance by title,. Counci1- member Owsley 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 Camfield made a motion that the Council adopt Ordinance No 2185A which 'lTas seconded by Councilmember Jones. After discussion, the mo.tion passed unanimously by roll call vote. ORDINANCE NO 2186 AN ORDINANCE AMENDING ORDINANCE NO 2181 OF THE CITY OF PORT TOWNSEND AND ESTABLISHING }~N EFFECTIVE DATE. City Attorney Harper explained the ordinance. Mr Grove read the ordinance by title. Councilmember Camfield made a motion that the 404 MINUTES OF THE REGULAR SESSION OF MARCH 6,1990, Cont. first reading be considered the second and the third be by title only which was seconded by Councilmember Clise and passed unanimously by voice vote. Mr Grove again read the ordinance ,by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2186 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. EXECUTIVE SESSION I Mayor Shirley recessed the meeting into Executi ve Session to discuss real estate and litigation and requested the presence of Fire Chief Howard Scott, Ted stricklin, Michael Hildt, Keith Harper and David Grove at 11:15 PM. The meeting was reconvened at 12:25 AM. Sweeper. Councilmember Kenna made a motion that the Council reject the bids received for the sweeper and to issue a new call for bids for a sweeper which was seconded by Councilmember Jones and passed unanimously by voice vote. RECESS Councilmember Owsley made a motion to continue the meeting to March 13,1990, at 7:30 PM which was seconded by Councilmember Jones and passed unanimously by voice vote at 12:27 AM. Mayor shirley reconvened the meeting at 7:30 PM on March 13,1990, in the Council Chambers of City Hall. ROLL CALL To establish that the entire council was once again present, Mayor Shirley asked that a roll call be taken. Councilmembers present at this roll call were Jean Camfield, John Clise, Vern Jones, Mike Kenna, Julie McCulloch, Norma Owsley, and Sheila Westerman. Also present were Public Works Director Ted Stricklin, Planner Kevin O'Neill, and Clerk-Treasurer David Grove. I UNFINISHED BUSINESS Secondary Sewer Treatment Plant Environmental Checklist. Mayor Shirley explained that the meeting was continued to this date to allow the council an opportunity to review the comments by Francesca Knowles. Councilmember Westerman read a prepared statement asking the council to require that an environmental impact statement be prepared. She indicated that decisions should not be made based on financial considerations alone and commented on the recommendations of CH2M Hill in the technical memorandum of environmental impact analysis. Mayor Shirley asked Mr. O'Neill to comment on the weaknesses in this document identified by Councilmember Westerman. Mr. O'Neill explained the criteria which must be met to withdraw a Declaration of Non-Significance as defined in the Washington Administrative Code 197.11.340 Subsection 3.a. Mayor Shirley and David Peterson of CH2M Hill reviewed the options available to the city council. Councilmember Camfield asked Mr. O'Neill to comment of the procedure of "Scoping" when a posi ti ve determination is made which he did. Councilmember Camfield made comments about some of the environmental concerns she has about the project and suggested that the council might offer addi tional mitigating measures. Councilmember Kenna suggested that these measures could be a part of the shoreline permit process. He said that there is no doubt that an Environmental Impact Statement would be the best of all worlds, but we need to stay wi thin the lowest cost in order to receive grant funds. A discussion ensued about notice to the neighborhood and public on this project, fencing and landscaping, noise control, increased traffic on the roads in the area. Councilmember Clise reviewed the potential impacts of the council's decision this night. Mayor I 405 MINUTES OF THE REGULAR SESSION OF MARCH 6,1990, Cont. I Shirley was asked to review the results of their last visit with representatives from the Department of Ecology which he did. His observations were verified by Councilmember Clise. Councilmember McCulloch reviewed how much process has already passed on this project. Councilmember Westerman restated her concerns and indicated she could not vote in favor of the resolution prepared. RESOLUTION NO. 90-27A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ADOPTING FINDINGS WITH REGARD TO ADDITIONAL INFORMATION FOLLOWING FINAL DESIGN ON THE SECONDARY WASTEWATER TREATMENT PLANT Councilmember Kenna made a motion to adopt the changes to the technical memorandum suggested by Councilmember Westerman and adopt Resolution No. 90-27A which was seconded by Councilmember Jones. Councilmember Westerman was asked to review her recommendations for changes which she did. The motion passed by voice vote with six councilmembers voting in the affirmative. Councilmembeœ Westerman voted against the motion. Dump Truck Bid Award. Mr. stricklin explained that the! bidder who received the award cannot meet his pledge on delivE!ry and has offered to let us cancel the order. Councilmember Jones made a motion to resend the previous award and award the bid to the apparent low bidder, Central Trucking, which was seconded by Councilmember Owsley and passed unanimously by voice vote. I Black Locus Trees at the Library. A discussion ensued about saving the trees behind the new library addition. It was indicated that a group of citizens were considering a volunteer effort to save the Black Locus Trees but have had difficulty in finding 8l contractor willing to work with them on it. Mayor Shirley explained that removing the trees and replacing them with a species more suitable to the area would be preferable to this group. Sidewalk at Grant and 19th. Mayor Shirley explained that he contacted representatives from the church planning to build on this corner, and they do not plan access from either of these streets and are not interested in participating in the cost for construction of this sidewalk. Councilmember Jones made a motion that the council appropriate the sum of $5,500.00 plus tax to pay Sukert Construction for the sidewalk which was seconded by Councilmember Camfield and passed unanimously by VOiCE! vote. ADJOURNMENT There being no further business, the meeting was adjourned at 9:35 PM. ~~- Mayor I Attest: M~ City Clerk