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HomeMy WebLinkAbout10/16/1990 :JZl MINllT.E_S OF THE REGULAR SESSION OF OCTOBER 16, 1990 The City Council of the City of Port Townsend met J_n reg~ session this sixteenth day of October, 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL I Councilmembers present at Roll Call were Jean Camfield, Jiohn Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. PUBLIC COMMENTS Michael Edwards, representing the Towne Point Homeowner's Association, was recognized and spoke against the renaming of streets and/or renumbering of addresses in Towne Point., Doug Milholland, representing the Port Townsend Sister City Association was recognized and reported on their recent trip to Jalapa, Nicaragua; invited a Councilmember to join them for a two- week trip to Jalapa in January; invited support for a marathon dance on November 10, 1990, and requested provision in the sign ordinance for a sister city mural 4' x 16' to be displayed on the Coast to Coast Building. Patti Sullivan was recognized and read a position statement from the Chamber of Commerce Trustees supporting and encouraging the stability and diversification of existing and new businesses compatible with historical and environmental qualities of Port Townsend and Jefferson County. I 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 following Bills and Claims: Current Expense Street Library Library Renovation and Construction Park Hotel/Motel Emergency Medical Services Capital Improvement Local Improvement District #1 Water-Sewer storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Setting Hearings: I 1991 Budget for December 3, 1990, at 7:00 PM. Approval of Appointment: $ 7~~,156.15 ~¡,754.91 63.35 3;!, 061. 32 4,863.02 JL,OOO.OO 90.00 !5,731.00 860.00 68,126.62 372.42 5,124.87 287.55 $196,491.21 James F Roberts to the Planning Commission for remainder of term to expire December 31, 1991. Communications: A letter dated September 27, 1990, from Jeinell Kay Harper, stating her concern that the impact of night-time noise and amplified music upon residential neighborhoods some distance away from the downtown commercial area should be minimized was copied for Council and /Po --- __MItlfJJ1'_E1L OF~n--TH~RE--9UL~ SE§~_~ON~_~~TO~~R -]:?_~-~ 9~~!___~~n_~~- '-~------- ---'----------,--- ~----- referred to the Legislative/Environmental Comm:.ttee. A note dated September 27,1990, from Marilyn Staples, stating that she would like to see a reasonable noise ordir,ance in effect was copied for Council and referred to the Legislative/Environmental Committee. A memorandum dated October 2,1990, from Keith Harper stating steps needed to establish and activate a housing authority within the City was copied for Council and referred to the Community Services Committee. I An apology received October 9, 1990, from Nathan Collins for writing in the wet cement at the corner of Water and Taylor streets with his skateboard was copied for Council. A memorandum dated October 11,1990, from the Port Townsend Seniors Association requesting funding of a Senior Program Director at the Port Townsend Community Center for 1991 was copied for Council and referred to the Finance Committee. A letter dated October 12, 1990, from Jo ReyrDlds requesting an extension to her Conditional Use Permit since stLe does not yet have an occupancy permit, and explaining the circumstances for the expiration of her permit was copied for Council and referred to the Legislative/Environmental Committee. This concludes the Consent Agenda. PUBLIC HEARINGS I Rezone Application No 9007-02 -Ouimper Credit Un ion. Councilmember Kenna made a motion to continue this hearing unt.il the next meeting on November 6,1990, which was seconded by Coun~ilmember Jones and passed unanimously by voice vote. Variance Application No 9008-01 -Hatfield. Mr Hildt reviewed the findings and conclusions of the Port Townsend Planning Commission. Mayor Shirley opened the hearing to the Public. Garth Hatfield was recognized and spoke in favor of the variancl~. There being no further testimony, Mayor Shirley closed the he.:iring to the Public and turned to the Council for disposition. After a brief discussion, Councilmember Kenna made a motion that the Council adopt the following findings and conclusions a:l1d approve Variance Application No 9008-01 which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings: 1. The applicant proposed to construct an adjoining enclosed garage with a family room above to extend their existing home at 1740 Lawrence Street. The subject property is located on the northwest corner of Lawrence and CaSB Streets, in a R-I zoning district. The property consists of Lots 3 and 4, Block V, Kuhn's Ranch Subdivision; lot size in ~.5 by 100 feet. The existing dwelling is 1800 square feet, and the proposed addition is 728 square feet. I 2. The east building line of the existing houBe, and the proposed addition, is approximately seven feet from the side property line which abuts Cass Street. The addition of the garage proposed by the applicant would extend the! building to within 10.5 feet of the north rear property line. section 17.20.020 of the Port Townsend Municipal Code Btate 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. . ." A variance is required to e>:pand the garage to I I I 61 MINUTES or f~E REGULAR SESSIO~ rr OCTOBER 16, 1990, Cont. i ' . I . within s-eveh feet of the Cassstreet right-of-way- 3. The existing residence was constructed in 1911 and is a legal, non-conforming condition that was in existence prior to thET enactment of the Port Townsend zoning code of 1971. A garag~ that was previously located on the property has burned down.l The new addition is designed to be flush with the existing dwelling, which is non-conforming. The property is: surrounded by single-family residential development. 4. Vehicular access and off-street parking is provide!d from Cass Street. The driveway currently extends much of the length of the applicants residence, in a half-moon fashion. The proposed garage would also be accessed from Cass Street. 5. The applicant states the proposed variance should help to increase the aesthetics of the property and would be consistent with other homes in the neighborhood. The applicant also states that the granting of the variance will allow a reasonable use of the subject land for a garage and family room without determinant to the public interest and setback requirements of the municipal code. Conclusions: 1. The proposed variance would not amount to a rezone, constitute a change in the district boundaries. nor 2. Special conditions and circumstances exist which are peculiar to the land that are not applicable to other lands in the same district. A literal interpretation of the provisions of title 17 would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the district. 3. The surrounding district is not in general compliance with the front/side setback standard in Section 17.20.020. Many nearby buildings do not meet currently required setbacks. The front and side setback of the existing residence is a legal, non- conforming condition that was in existence prior to the enactment of the Port Townsend zoning code of 1971. As non- standard front and side setbacks are the norm and not the exception in the area, the special conditions and circum- stances do not result from the action of the applicants. The proposed addition would be consistent wi 1:h existing residences in the surrounding district. If construction as designed, it would not confer a special privilege to the subject property that is denied to other lands in the same district. 4. 5. The granting of the variance will not be detrime:ntal to the public welfare and injurious to the property or improvements in the vicinity. The requested reduced front sE!tback would not cause traffic safety problems and would not diminish light, air or open space. 6. The variance, if granted, would not be inconsistEmt with the zoning code purpose set forth in Section 17.20.020 of the Port Townsend Municipal Code. 7. The reasons set forth in the above-referenced application justify granting the variance. The variance is needed to make reasonable use of the land. 8. The granting of this variance is in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code. 62 MINUTES OF THE REGULAR SESSION OF OCTOBER 16, 1990, Cont. Street Vacation Application No 8911-04 -Willenhé~. Mr Hildt noted a letter from Mariko Willenhag requesting that this hearing be delayed. Doug Milholland was recognized and reported that a Planned Unit Development is being drafted for property adjoining this street vacation and that it may be the first of 1991 before it is ready. Ms Willenhag was recognized and requested that this street vacation be held for a few months so t~hat they can work together with Mr Milholland and his group. C~uncilmember Clise made a motion that Street Vacation Application No 8911-04 be tabled which was seconded by Counci I-member West,arman and passed unanimously by voice vote. I COMMITTEE REPORTS/STAFF REPORTS Towne Point Renumbering. Mr Hildt explained that the Planning Department has not recommended that the original section of Towne Point be renumbered but that the addition being completed by Mr Hensel will be prenumbered. Street/Storm Drainage/Light. Councilmember Jonl:!s set a meeting of the Committee for 5:00 PM on October 25, 1990. community Services. Councilmember Westerman rep~rted that she will be meeting with the Pet Protection League on October 18, 1990, to discuss the proposed advertising. Police/Fire/Animal Control. Councilmember Clise reported on a meeting held to discuss the possibility of a noise ordinance and stated that everyone present was in favor of the proposal. Councilmember Clise set a meeting of the Committee for 5:00 PM on October 30,1990, to further discuss the ordinance and will notify others who might be affected by such an ordinar.,ce. I Legislative/Environmental. Councilmember Kenna made a motion that the Council extend the requirement of an occupancy certificate for six months for the Rose cottage Bed and Breakfast for Josephine Reynolds which was seconded by Councilmember Jones. After a brief discussion, the motion passed unanimously by voice vote. Councilmember Kenna confirmed a meeting of the Committee for 7:00 PM on October 23, 1990, to meet with the Quimpe!r Credit Union for a contract rezone. Councilmember Kenna set a meeting of the Commi t,tee for 6: 30 PM on November 6, 1990, to discuss the checklists for Port Townsend Industrial Park and for Vantage Homes. Ambulance Billing Procedure Presentation. Kattlleen MacDonald was recognized and presented Council with the new procedure for the ambulance billing and run reporting system now in place in the Fire Department. Management Development Plan for Fort Worden. Mayor Shirley reported that he has a copy of the Management DHvelopment Plan for Fort Worden State Park that the Council can rlaview and copied a page referring to development of the Chinese Gardens property for Council. I Grant Agreement with State for Sewer Plant. Mr Wheeler reported that the Grant Agreement with washington State has been signed and we have a grant for 3.88 million dollars. Value Engineering Study Proposed Changes. Mr Wheeler reported that the Value Engineering study final report has just been received and that it will be discussed on October 17, 1990, with the State to see what changes they will allow. 63 MINUTES OF THE REGULAR SESSION OF OCTOBER 16, 1990, Cont. seaview Sewer. Mr Wheeler construction is under way. reported that the Seaview Sewer I Washington Street Storm Sewer and Street Improvements. Mr Wheeler reported that the project is being worked on and that a public meeting will be forthcoming. Smoke Test. Mr Wheeler reported that the previously scheduled test was not done because the Leader did not publish the notice and that the test will be done on October 19, 1990. Sewer Treatment Plant. Mr Wheeler reported that the Department of Ecology has sent a letter stating that the bids on the project must be awarded by December 1, 1990, as the start of construction. Grants Awarded. Mr Hildt reported that grants have been awarded for the Marine Park Building, the N D Hill Building,. the Klapp Building, Jacqueline oz for the house at 929 Madison and the Rose Theater. Sign Code. Mr Hildt reported that the Planning Commission has held public hearings on the sign code and because of the shortage of time, the Council will schedule their Public Hearing at a later date. Summi t Communications. Mr Hildt reported that there! have been several complaints by neighbors that Summit Communications has raised their tower by 20 feet without permits. A conditional use permi t application will be forthcoming and their present conditional use permit and variance will expire in December, 1991. I COUNCILMEMBERS GENERAL DISCUSSION Jefferson 2000 Project. Councilmember Clise reported that he would like the Jefferson 2000 Project for Jefferson County to include a Vision Statement for Port Townsend and that he has requE~sted a cost estimate for the city. RESOLUTION NO 90-104 A RESOLUTION OF THE PORT TOWNSEND CITY COUNCIL ADOPTING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PORT TOWNSEND, THE NATIONÀ,L PARK SERVICE, PENINSULA TRAILS COALITION (PTC) , JEFFERSON COUNTY, THE PORT OF PORT TOWNSEND, THE CITY OF PORT ANGELES, CLALLAM COUNTY, PORT OF PORT ANGELES, AND CLALLAM COUNTY PARK AND RECREATION DISTRICT 1 TO PROVIDE ASSISTANCE TO THE DEVELOPMENT OF A TRAIL CORRIDOR CONCEPT PLAN AND IMPLEMENTATION STRATEGY. Councilmember McCulloch made a motion that the Council adopt Resolution No 90-104 and send a letter stating support but that we do not have staff time to devote to the project which ~ras seconded by Councilmember Owsley and passed unanimously by voice vote. I RESOLUTION NO 90-105 A RESOLUTION AUTHORIZING A CONTRACT FOR CONSULTING SERVICES WITH HUDSON AND JELACO FOR ECONOMIC ANALYSIS THAT WILL AID IN THE PRODUCTION OF A SPECIFIC DEVELOPMENT PLAN FOR THE PORT TOWNSEND URBAN WATERFRONT PROJECT. Mr Hildt explained the resolution. Councilmember K.:mna made a motion that the Council adopt Resolution No 90-105, which was seconded by Councilmember Clise and passed unanimously by voice vote. 64 MINUTES OF THE REGULAR SESSION OF OCTOBER 16, 1990, Cont. Lawrence Street Apartments. Councilmember Westerman reported that she is still getting complaints about the color the apartments have been painted as they really stand out. Mr Hildt reported that the research of the conditional use permit has been started. Recycling Center. Councilmember Westerman queHtioned the status of a letter of transmittal for a recycling center for several businesses downtown which was referred to the Public Works Department. Mr Wheeler stated that no action has been taken as yet. I Recess. Mayor Shirley announced that this meeting will be recessed until October 23, 1990, at 7:30 PM, to receive comments on the Union Wharf parking agreement, lease and interlocal agreement with Jefferson County. Legislative/Environmental Committee Meeting. ¡~ brief discussion ensued as to whether or not there would be 1:ime prior to the meeting on October 23, 1990, to meet with QuiI1lper Credit Union. It was the consensus of the Council that it could be accomplished. Union Wharf Project. A discussion of the costs, leases and parking requirement basis for the Union Wharf project ensued. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Exec:::uti ve Session to discuss litigation including Keith Harper, David Grove and Robert Wheeler at 9:05 PM. The meeting was reconvened at 9:58 PM. RECESS I Mayor Shirley recessed the meeting until 7:30 PM on October 23, 1990, at 9:58 PM. MINUTES OF THE CONTINUED MEETING OF OCTOHER 16, 1990 The City Council of the City of Port Townsend met in continued session this Twenty-Third day of October, 1990, at 7:30 PM in the Council Chambers of City Hall, Mayor Brent S shirley presiding. COUNCILMEMBERS PRESENT Councilmembers present 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. OTHERS PRESENT Bart Phillips, Economic Development Council, ",rally Trace, Union Wharf Associates, Mike Schumacher, Attorney representing Union Wharf Associates and Barbara Wilson, Attorney representing the city of Port Townsend. UNFINISHED BUSINESS I Mayor Shirley announced that this meeting is to discuss three items dealing with Union Wharf: the Interlocal Agre ~ment, the parking Agreement and the Lease Agreement. He then opened the meeting to Public Comment. Linda Clifton, a member of the Shorelines Adviscry Commission, was recognized and stated her concerns that the wate!r related or water dependent features should still be a part of the Union Wharf project. Frank D'Amore was recognized stated his concern that the determination of non-significance for the project is no longer valid and should be withdrawn since eel grass if: not listed on the 65 MINUTES OF THE REGULAR SESSION OF OCTOBER 16, 1990, Cont. I application. Marsha Rasmusson was recognized and stated she supports the project but is concerned that the maritime museum and possibly other proposals are no longer included in the project. Kathryn Burrell was recognized and stated her concerns that the process must be continued to include the SEPA checklist and an environmental impact statement. Mark Saran was recognized, read a letter from Monicka Mick-Hagar submitting questions relating to the project and went on to list his concerns about the interlocal lease, fair rent, boat slips, foot passenger ferry and a possible reduction in the parking requirements, loss of a fishing pier, lawyers, the involvement of the Economic Development Council, etc. There being no further comments, Mayor Shirley closed the meeting to Public Comment and turned to the Council for discussion. Interlocal Government Agreement. Mayor Shirley stated that Jefferson County still has some items to review, but requested a discussion of the present concepts. Mr Harper reviewed the present draft of the agreement identified as the third draft. Mr Phillips clarified the reasons for the agreement. A discussion of the administration of the lease and insurance requirements ensued. I Environmental Impact statement/Determination of NonSignificance. Mayor Shirley requested legal advise regarding the adequacy of the Environmental Impact Statement. Mr Harper stat'ed that a determination will have to be made after study of the determination of nonsignificance and the additional information presented tonight. Mr Trace stated that the eel grass is being studied by many agencies that have to sign off before the final permit from the corp of engineers can be granted. He then stated that they hope to have all the needed information prepared for circulation to all the agencies by November 7, 1990, before it will be eventually turned over to the Council. Mr Trace then rE!ported that public restrooms are planned to be open during the hours that businesses are operating, public fishing is part of the project and possibly fish enhancement under the pier, water related activities are important to the project, ferry passenger service and tour boat traffic is part of the project, a holding tank and pump--out station is part of the project on the dock, the marina has been changed not to include boat slips because of the difficulty wi'th floating breakwaters. There will be approximately twenty mooring buoys for multiple anchoring and a seasonal concrete dock approximately 250 feet long will be installed for water related activities as well as an area reserved for dinghies. These buoys have to be cleared by the Department of Natural Resources. Councilmembe!r Westerman suggested that rest rooms and pump-out facilities be included in section six of the lease. Mr Schumacher stated that i 1: is hard to satisfy all the agencies with wording and that they are trying to satisfy as much as possible. A discussion of pier acti vi ties ensued. Mr Schumacher stated that there are a number of statutes that are involved with the EIS and DNS and that the process is underway and have to be resolved before the lease can be signed. Councilmember Camfield questioned "scoping" the environmental impact statement; Mr Hildt requested a memorandum from Mr Schumacher, and from Ms wilson and Mr Harper as to their recommendations regarding the state law by October 31, 1990. Mr Hildt explained that if the Council withdrew its DNS and issued a Declaration of Significance, then scoping would be done but there are other alternatives. I Parking Agreement. Ms Wilson reviewed the October 15,1990, draft of the parking agreement. Mr Schumacher verified that the concept is correct and that Mr Trace is interested in a joint answer with the City to the parking problem downtown. Mr Trace stated that there are other business owners who could be interested in a joint parking agreement that could create 90 - 200 stalls and that the figure of $360,000.00 mentioned in the parking agreement comes from an estimate of $6,000.00 per stall times 60 stalls. A lengthy discussion of the parking agreement requirements ensued. Mr Hildt 66 MINUTES OF THE REGULAR SESSION OF OCTOBER 16, 1990, Cont. I recapped the "to do" list: Mr Trace will product:! a parking layout, the parking leases will be copied for Council, M::- Hildt will review the Buhler Conditional Use Permit, Mr Harper will check into a bond or financial security if a parking garage is net built within the stated term. Lease Agreement. Ms Wilson reviewed the latE!st proposed Union Wharf Lease and Development Agreement dated October 23, 1990, indentifying recent changes. A discussion ensuE!d about changes in the plans and conditions within the agreement. Mayor Shirley requested that Mr Phillips explain the formula uBed for calculating the lease rate, which he did. I councilmember Westerman listed her concerns for further discussion: how much staff time this will take, a performanCE! bond/construction schedule, page 18, b, "partial taking" and page 27 "leasehold" mortgage page 21.4 "defaults". This concludes the discussion of the Union Wharf Agreements. OTHER BUSINESS Out of state Travel. Councilmember Kenna made a motion that the Council authorize City Attorney Harper to travel to Victoria, BC, for a two-day conference for City Attorneys which was seconded by Councilmember Westerman and passed unanimously by voice vote. Fort Worden/Chinese Gardens. Councilmember Camf ield requested that the Council send a letter to Fort Worden State Park for the public hearing for the proposed Recreational Vehicle parking in the Chinese Gardens area of the park. This will be taken up at the November 6,1990, Council meeting. ADJOURNMENT I There being no further business, Mayor Shirley dl:!clared the meeting adjourned at 12:11 AM. Attest: ~~ AJ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 1990 The City Council of the City of Port Townsend met in regular session this sixth day of November 1990, at 7: 31) PM in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL I Councilmembers present at Roll Call were Jean Ca:nfield, John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler, OTHERS PRESENT Bart Phillips, Economic Development council, 'Nally Trace, Union Wharf Associates, Mike Schumacher, Attorney r-epresenting Union