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HomeMy WebLinkAbout06/05/1990 455 MINUTES OF THE SPECIAL SESSION OF JUNE 5, 1990 The City Council of the City of Port Townsend met in special session at 6: 30 PM this 5th day of June, 1990, in .the Council Chambers of City Hall, Mayor Brent S. shirley presiding. ROLL CALL I Councilmembers present at roll call were Jean Camfield, Vern Jones, Michael Kenna, Julie McCulloch, and Sheila Westerman. Councilmembers Norma Owsley and John Clise arrived later in the meeting. Also present was Clerk-Treasurer David Grove. SPECIAL BUSINESS I Mayor Shirley recognized Councilmember McCulloch who introduced George Nordby from NTI Consultants who was asked to make a presentation on the Clean Water Act which he did. Mr. Nordby explained that the 1986 act was sweeping when compared to the 1974 act as a result of the public awareness and concern about health in general and drinking water specifically. He r ~viewed the history of problems with drinking water in different parts of the country. He explained that the requirement for 1:esting for contaminants has increased dramatically and will continue to increase in the future. Certain kinds of conditions will have certain required remedies such as treatment or filtration. He then reviewed the history of lobbying for the legislation over the past. few years, defined some of the "buzz" words, and explained the formula for determining whether the city can afford 'the cost of filtration. He reviewed some of the threshold measurements requiring treatment or filtration and the monitoring re!quirements. He indicated that by the end of 1991, the city must prove to the state that the city is in compliance with the treatme~nt criteria or within eighteen months filtration equipment must be! installed. Although similar deadlines were established for secondary sewer treatment, but not met, this law has more teeth in it. Failure to meet the deadlines will be tolerated less. Financing sources may be pushed from the state level, but there is no clear source of funds presently identified specifically for the work. 2~ discussion of the equipment and lab requirements ensued. ADJOURNMENT There being no other special business, Mayor shirley declared the meeting adjourned at 7:20 P.M. Attest: J9~~ ~\ Mayor a-- City Clerk I MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990 The City Council of the City of Port Townsend met in regular session this Fifth day of June, 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presidinçr. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper and Director of Planning and Building Michael Hildt. 456 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. PUBLIC COMMENTS Joe Vleck was recognized and announced that members of the Advisory :ouncil on Historic Preservation will be visiting Port Townsend on June 18, 1990, and suggested that the city Council pass a resolution thanking the National Trust for Historic Preservation for the $1,000 they contributed to the study of the Pink House which could be presented when they are here. Michael Hildt reported that at 3:45 PM on that date, the Advisory Council will hold a public hearing in the Council Chambers of City Hall for anyone who is interested in addressing them about historic preservation. Councilmember Camfield concurred with Mr. Vleck's recommendation adding that they have been very helpful and will be in the area again around September 10th and offered to conduct a workshop on grants, etc. I Mayor Shirley noted that there were several people signing the guest list that were interested in water service on Jacob Miller Road and asked if there would be a committee report on this proposal. Councilmember McCulloch reported that the committee is waiting for the exact terminology of the agreement and asked Mr. Harper if a draft has been prepared. Mr. Harper indicated he was not aware that it would come up at this meeting. Lisa Heinkel was recognized and reported that she has collected a total of $1,228.33 toward the purchase of the lots adjacent to the Bishop Park. She reported that the Port Townsend Foundation has pledged $500.00 leaving $771.67 left to raise to meet their goal of $2,500.00. Councilmember Camfield presented her with the check from the foundation at this time. Ms. Heinkel reported that the last fundraiser is a car wash on June 16,1990 and invited the City Council to have their cars washed. I Mayor shirley reported that the ordinance on design review will not be discussed at this meeting as reported in one of the local newspapers, but is scheduled for the July 3rd meeting. Mayor Shirley also reported that the Legislative/Environmental Committee meeting to consider the checklist on the Point Hudson Condominium Proposal will not be held on Thursday as reported, but on Monday, June 11, 1990, at 6:30 PM in the Superior Courtroom in the Jefferson County Courthouse. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Clise and passed unanimously by voice vote. Approval of the minutes for May 15, 1990, without reading. Approval of the following Bills and Claims: Current Expense Street Library Library Renovation and Construction Park Hotel/Motel Emergency Medical Services Capital Improvement Water-Sewer Equipment Rental Firemen's Pension and Relief Total $ 62,657.83 2,636.66 3,669.09 36,546.06 7,959.46 129,900.59 178.12 30,000.00 45,039.99 19,918.54 793.80 $ 339,300.14 I 457 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. Setting Hearings: Six Year Transportation Improvement Plan Amendment to sEPA'prdinance Variance Applicatipn No 9004-02 -Levy Historic District Design Review Ordinance on 6-19-90 on 6-19-90 on 7-03-90 on 7-03-90 I Adoption of Resolution: RESOLUTION NO 90-49 A RESOLUTION OF THE CITY COUNCIL OF THE CI'I'Y OF PORT TOWNSEND DECLARING CERTAIN PROPER'I'Y SURPLUS AND AUTHORIZING SALE. Communications: A letter dated March 8,1990, from Edwin J Rudloff, PE, CH2M HIll, enclosing a draft copy of a proposed storm water management rule that is being circulated for comments by the Department~ of Ecology was copied for Council and referred to the street/Storm Drainage/Light Committee. A letter dated March 29, 1990, from Jim peckrill, president, Cape George Sewer District No 1, enclosing some excerpts from civil engineering periodicals describing the background and concept of the system planned for Cape George was copied for Council. I A letter dated April 3,1990, from William Toskey, General Manager, Port of Port Townsend, requesting an option of construction of an above-ground or below-ground fuel storage facility at 'the Port of Port Townsend was copied for Council and referr,ed to the Legislative Environmental Committee. A letter dated May 7, 1990, from Michael Earley, Manager, Port Townsend Golf Club and Terry Rohring, President, Port Townsend Golf Club Men's Club, requesting approval for the erection of a non- permanent outdoor barbecue and recreational facility at the Golf Course was copied for Council and referred to the Par]<.s/Property Committee. A letter dated May 10, 1990, from Cheryl Van Dyke, Executive Director, Port Townsend Chamber of Commerce, includinçr a request to make a presentation for advertizing and promotion projects to the Council was copied for Council and referred to t~he Finance Committee. A letter dated May 14, 1990, from Nora Regan, opposing the location of the sewage treatment plant in the vicinity of North Beach was copied for Council. A letter dated May 15, 1990, from Francesca Knowles to the Jefferson County Planning and Building Department, David Goldsmith, Director, regarding the Secondary Sewer Treatment Plant was copied for Council. I A letter dated May 16, 1990, from Francesca Knowles to the Economic Development Council, regarding the Secondary Sewer Trea1:ment Plant and New Day Fisheries was copied for Council. A letter dated May 21, 1990, from Francesca Knowles to the Washington State Department of Ecology Grants Department: regarding the City of Port Townsend Wastewater Treatment Plant; Jefferson County Participation was copied for Council. A letter dated May 23, 1990, from David M pierce, PE, Senior Engineer, Peratrovich, Nottingham and Drage, Inc, to Michael Hildt, ci ty Planner, regarding funding request background for the City 458 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. Dock was copied for Council and referred to the Parks/Property Committee. A letter dated May 29, 1990, from Mayor Shirley to Susan wilson, Northwest Services Council, Employment Security Department, regarding seasonal employees was copied for council and referred to the Finance Committee. I A letter dated June 1, 1990, from Candice CosIer stating her concerns about the proposed 5 story condominium unit near Point Hudson as well as tourism and controlled development was copied for Council and referred to the Legislative/Environmental Committee. An Environmental Checklist dated June 1,1990, from James D Carlson and Douglas D Bramhall to build an eight-plex apartment building with a circular one way drive from Thomas Street back onto Thomas Street was copied for Council and referred to the Legislative/Environmental Committee. A letter dated June 1, 1990, from Gary Rowe, PE, Director, Jefferson County Department of Public Works, enclosing the proposed six-year transportation improvement program for the City of Port Townsend was copied for,çouncil and referred to the Public Hearing on June 19, 1990. This concludes the consent agenda. PUBLIC HEARINGS Variance Application No 9003-01 -Younce. Mr. Hildt described the nature of the request and reported that the Planning Commission is recommending approval of the request under certain conditions. Mayor Shirley then opened the hearing to the audience. Marcella Younce was recognized and spoke in favor of her application describing the contour of the property and adjacent right-of-way. Cindy Thayer was recognized and indicated she just moved into this neighborhood behind this property and expressed support for the variance in setback. Don Miller was recognized and explained that he lives immediately behind this property and has no objection to the variance request with the conditions proposed by the Planning Commission. There being no further testimony, Mayor Shirley closed the hearing to the audience and turned the application over to the council for disposition. After a brief discussion about the findings and conclusions suggested by the Planning Commission, Councilmember Owsley made a motion to adopt the following findings and conditions and approve the request under the following conditions which was seconded by Councilmember Jones and passed unanimously by voice vote. Findings: I 1. The applicant proposes to construct a single-family residence on property located at the northeast intersection of Jackman Street and State Route 20. Access to the property would be from Jackman street. The property is located in the R-I zoning district. The applicant proposes to construct the residence so that it would have no setback from the Jackman Street right-of-way and no setback from the northern side lot line. Because Section 17.20.010 of the Port Townsend Municipal Code requires that buildings in the R-I zone have a 20-foot front setback and at least a 5-foot side setback, a variance is required. I 2. The subject property is described as Lots 18-23, Block 188, Eisenbeis Addition. The southeastern portion of these lots is dedicated as right-of-way for State Route 20. Therefore, the subject property is triangular. The north lot line is 94 feet long, the west lot line abutting Jackman Street is 148 I I I 459 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. feet long, and the lot line abutting the State Rout:e 20 right- of-way is 150 feet long. The area of the property is 6,900 square feet. 3. The portion of the Jackman Street right-of-way aJbutting the subject property has a width of 80 feet. The street is currently developed to a width of approximately 14 feet. There is approximately 50 feet of distance between the developed portion of the street and the front property line. The subject property slopes down towards Sims Way approximately 30 feet to the southeast of the front property line. The northwest portion of the site is the most level part of the subject property. 4. The subject property is surrounded by single-family residential development to the west, vacant lots directly to the north, a commercial fast food restaurant to the! northeast, and State Route 20 to the southeast. The proposed location of the house as shown on the site plan submit:ted by the applicant is directly on the north lot line abutting Lot 24, Block 188. On April 11, 1990, the applicant ::mbmitted a letter stating that she would amend the site plan so that the proposed house would be setback 5 feet from this lot line. The location of the proposed house will be setback at least 10 feet from the State Route 20 right-of-way, as required in Section 17.20.020 of the Port Townsend Municipal Code. 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. Because the shape and topography of the lot r,estrict the portion of the subject property which can be developed, special circumstances exist which do not result from the actions of the applicant. 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). 2. 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. 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 variance, if granted, would be consistent with the zoning code purpose language set forth in section 17.04:.020 of the Port Townsend Municipal Code. 6. 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. 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 Port Townsend City Council grants the above-referenced variance as conditioned: 1. Using the northwest corner of the subject property as the reference point for measurement, the maxim\Œ height of any structures, additions, appendages or vegetation shall not exceed 24-feet in height. 460 MINUTES OF THE REGULAR SESSION OF JUNE 5,1990, Cont. 2. A restrictive covenant, describing the above mentioned height restriction shall be recorded with the Jefferson County Courthouse. Conditional Use Permit Application No 9004-01 -Greenhalgh. Mr. Hildt described the use, location, and history of the property and reported that the Planning commission is recommending approval of the permit under certain conditions. Mayor shirley opened the hearing to the audience, but no testimony was offered, so he closed the hearing and turned the application over to the council for disposition. A discussion ensued about the consequences of beginning this use without the necessary permits and being allowed to continue operation pending a decision on the application. Councilmember Clise made a motion that the council adopt the following findings and conclusions and approve the permit under the following conditions which was seconded by Councilmember Camfield and passed unanimously by voice vote. I Findings: 1. The applicants propose to establish a one-unit bed and breakfast inn in an existing residence located at 928 Franklin Street. The property is located in the R-II zoning district. On June 20, 1989, the City Council passed an ordinance amending the Port Townsend Municipal Code to provide 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-II zoning district. 2. The subject property is described as Lot 5, Block 105, original Townsite. The dimensions of the property are 55 feet (along Franklin Street) by 110 feet, for a total area of 5,500 square feet. I 3. The subject property is surrounded on all sides by single- family residential development. The property surrounding the subject property on all sides is zoned R-II. 4. The existing residence on the subject property was constructed in 1877. The building is classified as a secondary historical structure in the designation of the Port Townsend Historic District. 5. The proposed bed and breakfast inn would have one sleeping unit. section 6 of Ordinance 2155 states: "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 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." I Therefore, the proposed bed and breakfast inn requires three 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 applicants have 55 feet of street frontage abutting Franklin Street. A driveway takes up approximately - 'h-'-"'- , 461 MINUTES OF THE REGULAR SESSION OF JUNE 5,1990, Cont. I 13 feet of this frontage, so there is approximately 42 feet of frontage available for parking, which is enough for two on- street parking spaces. Therefore, one off-strE:!et parking space is required. The applicants have submitted a site plan showing that two off-street parking spaces will be developed at the rear of the property. Conclusions: 1. The proposed bed and breakfast inn use of the subject property will not endanger the public health or safety, nor will a nuisance be created. 2. The proposed use will be required to meet all of the conditions and specifications set forth in the R'-II zone in which the property is located. 3. The proposed use will not be injurious or detrimental to adjoining or abutting property. 4. The location and character of the use 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 Port Townsend City Council grants the above referenced application as conditioned: 1. The proposed bed and breakfast inn shall exhibit no outward appearance of a business or of a non-residential use, except for signs permitted in Chapter 17.34 of the Port Townsend Municipal Code. I 2. Use of the property as a bed and breakfast restricted to one guest room. inn is 3. A Certificate of Occupancy must be issued for the use. If an occupancy permit is not obtained for the proposed use of the subject property wi thin one year from the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void. 4. 5. The proposed parking plan submitted with the application shall be constructed, in place and approved by the Public Works Director prior to the issuance of a certificate of occupancy. I Conditional Use Permit Application No 9004-03 -Lunde. Mr. Hildt described the proposed use and location and reporte!d that the Planning Commission is recommending approval of the permit under certain conditions. Mayor Shirley opened the hearing to the audience. Bjorn Lunde was recognized and spoke in favor of their application pleading that the council not require additional off street parking because of the impact it would have on existing landscaping and it is unnecessary because of adequate on-street parking. Because this property has previously been rented on a monthly basis, the change in use will not change 'the parking experience in the neighborhood. Marie Shirley was rec:ognized and spoke in favor of the application pointing out that this property is on a corner. She indicated that the city needs all 1:he "Bed and Breakfast" facilities we can establish. There being no further testimony, Mayor Shirley closed the hearing to the audience and turned the application over to the council for disposi1:ion. After a brief discussion on the parking requirements, Councill11ember Kenna made a motion that the council adopt the following findings an~ conclusions and grant the permit under the following condi~ns which was seconded by Councilmember McCulloch. Councilmember c- <.;; /' 462 4. 5. MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. Westerman made a motion to amend the conditions to require one off- street parking space be provided which was seconded by Councilmember Owsley. After a brief discussion, the amendment failed by voice vote with only Councilmembers Westerman and owsley voting in favor. Because of the controversy over parking, Bjorn Lunde was again recognized and reminded the council that there are no new buildings proposed and the area is fully developed. If off street parking is required, then on-street spaces will be lost to provide for driveway entrances for no net gain. The main motion passed unanimously by voice vote. I Findings: 1. The applicants propose to establish a two-unit tourist home at an existing residence located at 806 Clay Street. One of the proposed units would be wi thin the existing residence while the other would be in an existing adjacent cottage. The two units are currently being rented as apartments. The property is located in the R-II zoning district. On June 20, 1989, the City council passed an ordinance amending the Port Townsend Municipal Code to provide a use designation and provisions for tourist homes. Under the ordinance, a tourist home is allowed as a conditional use in the R-II zoning district. 2. The subject property is described as Lot 1 and the east 43 feet of Lot 3, Block 137, original Townsite. The dimensions of the property are 110 feet (along Adams street) by 98 feet (along Clay street), or 10,780 square feet. The subject property is in the R-II zoning district. Bordering the subject property is the Geoffrey Masci Chiropractic Clinic to the north, the Trinity Methodist Church to the west, the starret House Bed and Breakfast across Adams Street to the east, and an unoccupied house across Clay street to the south. I 3. The existing residence on the subject property was constructed in 1879. The building is classified as a secondary historical structure in the designation of the Port Townsend Historic District. No expansion to the building is proposed for this project. The proposed tourist home would have two sleeping units. section 6 of Ordinance 2155 states: "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 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." I Therefore, the proposed tourist home requires four 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 applicants have 110 feet of street frontage abutting Adams street and 98 feet of frontage abutting Clay 463 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. I Street. Driveways located on Adams Street account for approximately 50 feet of the frontage on Adams Street, and 40 feet of frontage is required for setbacks to the intersection. There is approximately 118 feet of frontage available for parking, which is sufficient footage for fivE:! on-street parking spaces. Therefore, no off -street parking is required. Conclusions: 1. Under the conditions specified below, the proposed tourist home on the subject property will not endanger the public health or safety, nor will a nuisance be created. 2. The proposed use will be required to meet all of the conditions and specifications set forth in the R-II zone in which the property is located. 3. Under the conditions specified below, the proposed use will not be injurious or detrimental to adjoining or abutting property. 4. Under the conditions specified below, the location and character of the use wi II be in harmony with the area in which it is located and will be in general conformi1:y with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the Port Townsend City Council grants the above referenced application as conditioned: I 1. The proposed tourist home shall exhibit no outward appearance of a business or of a non-residential use, except for signs permitted in Chapter 17.34 of the Port Townsend Municipal Code. 2. Use of the property as a tourist home is re!stricted to two guest rooms. 3. A Certificate of Occupancy must be issued for the use. 4. If an occupancy permit is not obtained for 1:he 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. 5. Three off-street parking spaces shall be constructed by the applicant and approved by the Planning Director prior to the issuance of a certificate of occupancy. COMMITTEE REPORTS I Seaview Sewer Construction Contract Award. Mayor Shirl,ey announced that the engineers, Northwest Territories Inc., are not ready to make a recommendation based upon the bids received on May 31,1990, but will have a response by the next council meeting, June 19th. Community Service. Councilmember Westerman reportE~d that the committee met on May 23,1990 to evaluate the qualifications of the vendors submitting qualifications to handle solid wast,e within the city. She indicated that the majority of the committela would like the city to first attempt to contract with Superior R_:!fuse and if agreement can not be reached, then negotiate with Rabanco. After a brief discussion of the qualifications of Rabanco and past experience with Superior Refuse, Councilmember Owsley made a motion authorizing negotiations to begin for a solid waste! collectioR contract with the vendors in the following order: 464 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. 1. Superior Refuse 2. Rabanco 3. Olympic Disposal 4. Waste Management Councilmember Camfield seconded the motion which passed unanimously by voice vote. I Parks and Property. Councilmember Camfield reported that the Port Townsend Foundation would like to donate $500.00 for development of the park at the corner of Kearney and Washington Streets. They want to pay for flowers and trees or benches but not for cement. Councilmember Clise made a motion to accept the donation under those conditions which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Mr. Hildt reported on plans to evaluate the use of this triangle in connection with the Gateway Project. Councilmember McCulloch recommended that the temporary power drop be removed from the site. Mr. Hildt took the assignment to contact Bob Little, the owner of the temporary power pole. Finance. Councilmember Owsley reported that the committee met on May 23, 1990, where they discussed interim financing for the construction at Fort Worden and interfund loan needs for the library construction. provisions within a lease for Union Wharf were discussed at the meeting. She reported that the additional cost recently incurred to respond to concerns expressed about the plans for secondary sewer were approved by the committee and made a motion that the budget be amended to reflect an additional $19,000.00 for engineering services in the sewer department which was seconded by Councilmember Camfield and passed unanimously by voice vote. She indicated that the Clerk-Treasurer has been directed to start the process of issuing general obligation bonds around the middle of June so that the funds will be on hand by the first of September. She reported the committee met again on May 31, 1990, and met with a delegation from the library where they were told the roof on the old part of the building needs to be replaced for a cost of approximately $30,000.00. A balance of $14,000.00 remains in the contingency fund for the renovation and construction and the committee directed that this balance be frozen to be included with the twelve to seventeen thousand dollars in bond funds left in the council's pledge of up to $150,000.00 for work to be done. The committee recommended that the Library Board call for bids on the roof. Councilmember Owsley made a motion to that effect which was seconded by Councilmember Westerman. It was explained that the cost is estimated high because a special firm must be called in to dispose of the asbestos roofing currently on the this section of the library. The motion passed unanimously by voice vote. The committee was reminded by Beverly Shelton that the Library placed a one time request for $20,000.00 to purchase books as a part of the capital improvement program. Councilmember owsley indicated that this would be considered with the 1991 budget after the final costs for the renovation and construction are known. A summary of the proposed lease for Union Wharf was made for the committee at this meeting. The request from the Chamber to make a presentation was discussed and the committee felt it could be done in a later committee meeting. Councilmembers McCulloch and Westerman expressed interest in hearing what the Chamber has to say. I I RESOLUTION NO 90-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A TOURISM PROMOTION AGREEMENT WITH THE PORT TOWNSEND CHAMBER OF COMMERCE. Mr. Grove reviewed the history of the budget in support of this contract. Councilmember Owsley made a motion that the council 465 MINUTES OF THE REGULAR SESSION OF JUNE 5,1990, Cont. adopt Resolution No 90-48 which was seconded by Councilmember Clise and passed unanimously by voice vote. I Water and Sewer. Councilmember McCulloch reported that the committee met on May 24th to further discuss the n:!quest from property owners on Jacob Miller Road to extend the city's water service area boundaries to include an area along Jacob Miller Road that is currently served by the city, but lies within the service area of Public Utility District No.1. She indicated t:hat the PUD considers it to be an error in the way the boundary lines were def ined and explained that there are some legal problems which exist because the existing services were over 100kE!d when the boundaries were drawn. She then reviewed the circumstances and explained that the committee is generally in favor of the request but has some reservations about the wording of the agreement. A discussion ensued on what obligation and options are available to the city in this situation. Street/Storm Drainage/Light. Councilmember Jones reported that the committee will be meeting on the 6th to consider the street improvement plans and latecomer agreements for the development of streets. Councilmember Westerman requested that ur.ltil a tree commi ttee is established, that the city hire Forres1: Shomer to inspect trees. Mayor Shirley suggested that the commi tit:ee call him when they need his services and have him bill the city. Councilmember Kenna suggested that before Mr. Shomer is called in, it should be established that the tree is in fact in the right-of- way. It was explained that without a survey, it ~dll not be possible to clearly establish where the right-of-way ends. I Solid Waste Advisory Board. Councilmember Clise repor1:ed that the board is reviewing a plan for the disposal of hazardous waste which includes a permanent dropoff location with capital costs of approximately $300,000 and operating costs in 1991 of $37,000 per year and increasing to about $70,000 by 1995. Funding recommendations are fees to the small users and increalsed tipping fees at the land fill in the short range and form a solid waste disposal district for the long range. Legislative/Environmental. Councilmember Kenna report:ed that the committee met on May 31, 1990 to consider the chlacklist for condominiums submitted by Mark Johnson, but were constrained by the time factor of another meeting scheduled for the council Chambers. The next meeting is scheduled for 6: 30 PM on June 11th in the Superior Courtroom in the Jefferson County Courthouse to accommodate the crowd of interested citizens. He announced a meeting on June 19th at 6:30 PM to review the checklist submitted by Carlson and Bramhall for an eight unit apartment building at Thomas and 3rd Street and a checklist for fuel tanks at the Port of Port Townsend. I Police/Fire/Animal Control. Councilmember Clise ca,lled for a meeting of the committee at 5:00 PM on Monday, June 18th in the Fire Hall to consider requests from the Fire Chief. City of Port Angeles Birthday Celebration. Mayor Shirley read a letter from the Mayor of Port Angeles inviting the citizens of Port Townsend to join them in their celebration. UNFINISHED BUSINESS ORDINANCE NO 2188 AN ORDINANCE MODIFy;rNG LICENSE, KENNEL IMPOUND, EUTHANASIA AND S-gRRENDER FEES FOR ANIMA)~; PROVIDING FOR SENIOR CITIZEN FEE DISCOUNTS, WAIVERS OF IMPOUND FEES, AND MANDATORY SPAY AND NEUTER OF CERTAIN CATS AND DOGS; AMENDING 466 MINUTES OF THE REGULAR SESSION OF JUNE 5,1990, Cont. SECTIONS 8.04.040, 8.04.250, AND 8.04.340 OF THE PORT TOWNSEND MUNICIPAL CODE; ADDING NEW SECTIONS TO CHAPTER 8.04 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. Mr. Harper noted the final changes to the draft of the ordinance. Councilmember Clise made a motion that the Council adopt Ordinance No 2188 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. I City Dock Report. Steve Hayden was recognized and reported on the process and results of the citizen's committee investigation into the future of City Dock. He indicated that they also have some recommendations about the future of the Marine Park community Building. A public meeting was held on April 19th for the committee to receive testimony about the dock and building. It was recommended that all damaged portions of the dock be removed and replaced with a new materials on the same site rather than destroy the entire dock or attempt to repair it. In addition, it was suggested that two floats be installed on either side of the main dock and repairs be done to put the Marine Park building back in use. The committee proposed that Hotel/Motel Transient Tax be used to finance the improvements to the dock and other city funds be used to repair the Marine Park Community Building. . David Hero was recognized and showed pictures of the dock to the council and described the condition of the pilings, caps, stringers, and decking. He indicated that the decking and stringers are in reasonably good shape and may last another five to ten years, but several of the caps are in poor shape. The biggest problem is the pilings themselves which are in terrible shape. He explained that what is good will likely be damaged in trying to get to the pilings to replace them. The pilings under the Marine Park Community Building are in variable states of condition and there are two options being explored, steel I beams from new pilings on either side or move it shoreward and then remove the pilings it is on now. Mr. Grove asked if the committee considered moving it to solid ground to make it insurable. Mr. Hero said they had, but are not recommending it because of the visual aspect and parking is at a premium in the downtown area already. . Tod Wakefield was recognized and explained that the next step would be to invite the engineer back to give firm estimates on the costs to replace the dock which has been quoted at $1200. He indicated that the total' cost will be around $400,000. The main dock, two floating docks, and wave barrier would be included for that figure. If a grant from the Inter Agency Commission for Outdoor Recreation is obtained, the maximum would be $150,000. Thus the city match would be in the range of $250,000. He explained that grant funds would not be available if the dock were used commercially. Councilmember Clise observed that when the repairs to the Marine Park Community Building are included, the price tag approaches a half million dollars and Mr. Wakefield concurred. Mayor shirley asked if a grant application must be submitted before July 1,1990 and Mr. Wakefield said yes. I Katherine Baril was recognized and identified herself as the facilitator for this group. She indicated that this is considered the town square by citizens and can be reclaimed for that purpose by this investment. The reason they are coming back to the city council at this point is to get feedback if this is in the ball park for what they want to do. The committee needs the okay to spend the money to get the cost figures, do a marine survey, and submit an application to the IAC. She indicated that she would like to give the city some free legal advice. She explained that she is an attorney and had done maritime law. Because two marine I 467 MINUTES OF THE REGULAR SESSION OF JUNE 5,1990, Cont. I surveys have been done indicating that 60 percent of the dock is obsolete, if a twisted ankle occurs on that dock it could easily mean $100,000 in legal fees plus triple damages under the Jones Act because it is over water. This should be seen as a potential public health hazard which you really need to address if at all possible. She explained that the cost to have the application prepared for IAC is approximately $5, 000, and Councill1llember Clise observed that this gives us an opportunity to see the rest of the cards on this issue. steve Hayden was recognized and reported that this is a good year to apply for a grant because IAC has an additional $600,000 to distribute as the result of an audit. Mayor Shirley asked the council where they can realist,ically come up with a quarter of a million dollars to keep the dock standing. Mr. Hayden reported that the committee believes the community is strongly behind this project and would support a bond issue or reprioritizing the current expense funds to finance it. I Mr. Grove asked Katherine Baril to clarify her statemen1:, "Is there a hazard for pedestrians usinc} the dock?". She explained the marine surveyors said, "You should close the thing down, I can't believe it is still in operation." She then referred to other documents of public record that comment on the present state of the dock. She indicated this project has some significant public safety concerns connected with it. Tod Wakefield" likened the exposure to that of a sidewalk not properly maintained. The liability comes from n01: providing adequate maintenance and not from increased acti vi ty resulting from the installation of the existing float. Councilm ~mber Kenna suggested that the Police Department ask someone with maritime experience to advise them when a ship is too large to tie up to the dock. Councilmember Clise suggested that tQe City Attorney and the Washington Cities Insurance Authority be asked to comment on the city's potential liability exposure here. CouncilmembE~r McCulloch commented that opinions expressed to date do not necessarily mean that a hazard to pedestrians currently exists on the dock, though we should have it inspected in that light to be sure. Councilmember Clise summed up the concern to be two fold, one the immediate safety and second the long t~rm future oj: the dock. Councilmember Owsley indicated that the council wants to know in truth if the dock currently presents a danger to us. Mr. Hero suggested that the city have the marine enginE~er familiar wi th the dock re-examine it for safety of pedestrians. Councilmember Camfield indicated that we need this. I Councilmember Westerman indicated that she would be in favor of spending the money to apply for the grants because the points brought up are compelling. Councilmember Owsley disagreed at this point because of concern where matching funds could bE! obtained. Michael Hildt pointed out that in 1987 the city spent between $22,000 and $25,000 to make the dock safe for pedestrians after it was condemned before it was pronounced safe and reopened. He indicated that the railing is what really needs to be fixed. Mayor Shirley suggested that the City Council au'thorize the expenditure of up to $2,000 to have the cost figures gEmerated and to have the dock inspected for safety. He indicated 1:hat someone is going to need to carry the flag on this because staff i's "bannered out". 468 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, Cont. A discussion ensued on what would be needed in order to present a draft application to the Interagency Committee for Outdoor Recreation. There were no volunteers indicating a willingness to take the lead in this, but Steve Hayden indicated that he could be hired to do the work. A discussion ensued about the commitment needed from the city council this night. Councilmember Clise made a motion to authorize the expenditure of up to $2,000 to get a preliminary engineering report and a safety report which was seconded by Councilmember Jones. After further discussion, Councilmember Kenna made a motion to add an additional $3,000 to provide for a draft application to IAC which was seconded by Councilmember Jones and passed by voice vote with six councilmembers voting in the affirmative. Councilmember Owsley voted against the motion. The main motion as amended passed by voice vote with six councilmembers voting in the affirmative. Councilmember Owsley voted against the motion. I NEW BUSINESS ORDINANCE NO 2190 AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF $300,000 FROM THE WATER-SEWER FUND TO THE LIBRARY RENOVATION AND CONSTRUCTION FUND AND THE SUM OF $227,000 FROM THE WATER-SEWER FUND TO THE HOTEL/MOTEL TRANSIENT TAX FUND AND PROVIDING FOR REPAYMENT. Mr. Grove read the ordinance by title. Councilmember Owsley 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 owsley made a motion that the council adopt Ordinance No. 2190 which was seconded by Councilmember Clise and passed unanimously by roll call vote. I ORDINANCE NO 2191 AN ORDINANCE APPROPRIATING THE SUM OF $609,500 TO THE LIBRARY RENOVATION AND ADDITION FUND, $12,000 TO THE PARK FUND, $481,540 TO THE HOTEL/MOTEL TRANSIENT TAX FUND, AND $47,500 TO THE CAPITAL IMPROVEMENT FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. Mr. Grove read the ordinance by title and explained that it is for introduction only at this time. RESOLUTION NO 90-50 A RESOLUTION AUTHORIZING A CONTRACT FOR CONSULTING SERVICES WITH STASTNY AND BURKE ARCHITECTURE FOR DESIGN ASSISTANCE TO PRODUCE A SPECIFIC DEVELOPMENT PLAN FOR THE PORT TOWNSEND GATEWAY PROJECT. I Mr. Hildt explained that eighty percent of the cost is being covereq by grants and donations. Councilmember Kenna made a motion that the Council adopt Resolution No 90-50 which was seconded by Councilmember Clise and passed unanimously by voice vote. RESOLUTION NO 90-51 A RESOLUTION AUTHORIZING A CONTRACT WITH THE WASHINGTON STATE DEPARTMENT OF COMMUNITY 469 MINUTES OF THE REGULAR SESSION OF JUNE 5,1990, Cont. DEVELOPMENT TO UNDERTAKE A SPECIFIC DEVELOPMEN'r PLAN FOR THE PORT TOWNSEND GATEWAY PROJECT WITH ASSISTANCE FROM THE LOCAL DEVELOPMENT MATCHING FUND PROGRAM. I Councilmember Kenna made a motion that the Council adopt Resolution No 90-51 which was seconded by Councilmember Westerman and passed unanimously by voice vote. ORDINANCE NO 2192 AN ORDINANCE ENACTING INTERIM CONTROLS FOR NEW DEVELOPMENT ON THE SHORELINES OF CERTAIN AREAS OF THE CITY OF PORT TOWNSEND AND ESTABLISHING AND EFFECTIVE DATE. I Councilmember Owsley announced that because both her previous and current employers have an interest in the current condominium project on the site of the former Thomas Oil property, she felt that it would be difficult for her to vote objectivEÜy on this ordinance or the related resolution. For this reason and to preserve the appearance of fairness in the matter, she indicated that she would abstain from participation in the decision and left the room. Mr Grove read the ordinance by title. Councilmember Kenna made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember 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 2192 which was seconded by Councilmember Camfield and passed unanimously by roll call vote of the six remaining councilmembers. RESOLUTION NO 90-52 A RESOLUTION ADOPTING A WORK PROGRAM FOR REVIEWING PLANS AND POLICIES FOR THE FUTURE DEVELOPMENT OF THE COMMERCIAL SHORELINE AREAS OF THE CITY OF PORT TOWNSEND, AND FOR CONSIDERING REVISED REGULATIONS THEREFOR. Councilmember Kenna made a motion that the Council adopt~ Resolution No 90-52 which was seconded by Councilmember Jones. Counci1member Clise asked if the schedule is reasonable and Councilmember Kenna said it was. The motion passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Parking Requirements Place on Conditional Use! Permits. Councilmember Westerman asked if enforcement can be st,epped up on parking requirements requested in a memorandum from Ron Kosec, Chairperson of the Planning Commission dated May 31, 1990. Mr. Hildt explained that the problem is one of manpower. He indicated that they will get letters out to the two mentioned in the memorandum. I , City Dock. Mr. Harper expressed concern over th'9 issue of pedestrian safety on the city dock. He explained that the council has been put on notice this night and suggested that the dock be closed until such tim~ as it is declared to be safe. Mayor shirley announced that he wo~ld close it in the morning. Long Meetings. Mr. Harper suggested that the meetings could be shortened if people were encouraged to give written reports in advance of the meeting more often even though it did not pertain tonight. 470 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1990, cont. EXECUTIVE SESSION Mayor shirley recessed the meeting into Executive Session at 11:25 PM to discuss pending legislation including Keith Harper, David Grove and Michael Hildt. The meeting was reconvened at 12:15 .M. ADJOURNMENT I There being no further business, Mayor Shirley declared the meeting adjourned at 12:15 SM. ~ Attest: J~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JUNE 19, 1990 The City Council of the City of Port Townsend met in regular session this Nineteenth day of June, 1990, 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, Michael Kenna, Julie Mcculloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper and Director of Planning and Building Michael Hildt. I PUBLIC COMMENTS Larry Browning, Fred Brown, Mary Norwood, Harry Holloway, Ellen Wood, Bud O'Meara, Betty Pedersen, Jeff Pedersen, Bo Sullivan, Shirley Page, Tim Hartzell, shirley Rudolph and Shirley Browning were all recognized individually and spoke against Ordinance 2192 and for its repeal. Doug Lamy, Mark Saran, Marsha Rasmussen, Sean Lappateto, Frank D'Amore, Kathryn Jenks, Carol Hasse, Dawn Rachel, Bob Rickert, and Ellen Falconer were all recognized individually and spoke in favor of Ordinance 2192, growth control ~ ]{ccping the National Hioto,rio District unique. ~ qF3~~IfÞJ l1,1QffJ. Dave Robison and Rick Sepler, City Planners, were introduced as new employees of the City. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda with a change from PM to AM on the time of adjournment for the June 5, 1990, meeting which was seconded by Councilmember Owsley and passed unanimously by voice vote. - ¡- , I Approval of the Minutes for May 25, 1990, and June 5, 1990, as written without reading. ,.. , ",', f' " p,-.'.,! ',:.. ;,' , i :r', ¡ ! ' , I J, i-, '" Approval of the following ~ìlls "and- 'Claims: ", . n..:' Current Expense Street " "' .. h .' $ - ,,(,',,':~"'" 23,102.24 6,741.73