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HomeMy WebLinkAbout11/20/1990 75 MINUTES OF THE SPECIAL SESSION OF NOVEMBER 19,1990, Cont. I them on the Plan, for all that she has learned and that she feels that the spirit of cooperation that produced the Plan is not evident at this meeting. Pamela Johns-Merryman was recognized and stated she is generally in favor of the Plan and that she has concerns about the waterwalk which she will address in writing and noted the difference in transportation and finances bet'l7een now and a hundred years ago in reference to the development of this area. Pete Raab was recognized and stated that, in his opinion, the Plan is to organize the Historic District in such a way that it is not distracted from. Robert Johnson was recognized and stated that what this Plan does is create a vision for the futur43 so that a hundred years down the road people will come to see what is here. Penny Odom was recognized and stated that the Plan is really about the "Maritime Heart" and "Sense of Place" for Port Townsend now and in the future. There being no further testimony, Mayor Shirley thanked everyone for their time, interest and input and closed the hearing to the Public. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 8:58 PM. I M~ Attest: Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF NOVEMBER 20, 1990 The City Council of the City of Port Townsend met in regular session this Twentieth day of November, 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 City Attorney Keith Harper, City Clerk-Treasurer David Grove, Public Works Director Robert Wheeler, and Michael Hildt, Director of Planning and Building. PUBLIC COMMENTS I Margaret Caro and Greg Bennett were individually recognized and expressed concern about the development of Townsend Meadows. Joan Best was recognized and requested that the city council purchase the property for sale on 12th Avenue between safeway and the Kah Tai Lagoon for low income housing. She requested that the city install permanent buoys along the waterfront 'to protect the eel grass and suggested that when new water and s-:!wer lines are installed, that power and communication cables be put underground. Virginia Wolf was recognized and thanked the City Council for their hard work and read a letter that she sent to the Gov,ernor opposing the development of the Chinese Gardens. 76 MINUTES OF THE REGULAR SESSION OF NOVEMBER ~:o, 1990, Cont. Katherine Jenks was recognized and reported on a site walk done at the proposed location of the Townsend Meadows Development requesting that an inspection schedule be, established to insure that the site is revegitated and the pond re-established. She requested that a determination be made whe1:her the pond is to be a wild life habitat reserve or a recreational area before the third amendment is voted upon. Etta Roth was recognized and requested that the council consider Mr. Hildt' s recommendations on Townsend Meadows and compel Mr. Johnson to redistribute the topsoil which 3.s about 30 feet high in mounds at the site and impose appropriate penal ties for his violation of the stop work order. Joshua Sage was recognized and requested that the city only use recycled paper for its documents. It was indicated that it is already being used by the city to the extent possible. Councilmember Camfield explained that the school district has a similar policy, but the supply is limited. Janeen Hayden was recognized and requested that the city require Mark Johnson to restore the topsoil on the Townsend Meadows property and keep the terms of the agreement he signed. CONSENT AGENDA Councilmember Jones made a motion that the council approve the following items on the consent agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. Approval of the minutes for November 6, 1590. Approval of the following bills and claimË: Current Expense Street Parks Emergency Medical Services Seaview Sewer Local Improvement Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief $25,065.03 4,156.44 480.78 992.94 79,613.49 36,411.66 6,635.91 3,824.44 229.00 DistI'ict TOTAL $157,409.69 Channelling Communications: The Council received a letter dated OctobE~r 29, 1990 from Melanie Bozak, President of the Rhododendron Festival Association, to Mayor Shirley requesting $7,500 for float travel. This letter was referred to the Budget Hearing. A letter dated November 4, 1990, from Katherine Baril was copied for Council reporting on the progress of the efforts by the "Friends of City Dock" and was referred to the Parks and Property Committee. The Council received a letter dated Nove,mber 6, 1990 from Rick Driftmier, Architect, responding to concerns expressed about the proposed rezone of property on 12th street to allow construction of a new building to house the Quimper Community credit Union. This was referred to unfinished business later on the agenda. A letter dated November 6, 1990, from Elbet't and Phyllis Rohrer was copied for the council expressing support for additional campsites at Fort Worden. I I I 17 MINUTES OF THE REGULAR SESSION OF NOVEMBER 20, 1990, Cont. A letter dated November 8,1990, from Ken Williams to David Grove was copied for council asking for an opportunity to discuss the new ambulance ordinance. I The council received a letter dated November 8, 1990, from Cecil R. Bankhead expressing support for additional campsites at Fort Worden. The council received a letter dated November 9, 1'990, from John Hickel expressing support for additional campsites at Fort Worden State Park. A letter dated November 9, 1990, from Tom Hudson to Hick Sepler was copied for the council addressing the economic impacts of the Urban Waterfront Plan. A letter dated November 13,1990, from Mayor Shirley to Melanie Bozak was copied for council requesting that she supply some support information for her budget request. An Environmental Checklist dated November 14, 1990" from the city of Port Townsend on the proposed renovation of city Dock was copied for the council and referred to the Legislative/Environmental Committee. A memorandum dated November 15, 1990, from A.L. Bryant, President of the Pet Protection League, was copied for the council seeking approval of an educational advertisement. This request was referred to the Community Services Committee. I A letter dated November 15, 1990, from Etta Roth was copied for the council expressing concern over the proposed To'ffisend Meadows Development. This was referred to Unfinished Business later on the agenda. A letter dated November 16, 1990, from David Hayasaka, program Manager for the Washington Cities Insurance Authc)ri ty to David Grove was copied for the Council offering some insurance/ indemnification language for contract documents. A memorandum dated November 16,1990, was copied for the council from the staff of Fort Worden state Park advising that the Chinese Gardens will not be included in their campground location study. This concludes the Consent Agenda. PUBLIC HEARING I Conditional Use Permit Application No. 8912-08 - Discovery View Associates. Mr. Hildt reviewed the background to this application and explained that a summary short plat needs to be approved and some modifications were requested because of the reduction in size of the project. Mayor Shirley opened a hearing 0:0 the proposed modifications to the project. Mr. David Haines, architect for the developer, was recognized and explained the changes they are requesting and asked that the council grant approval. Chuck McCaffery was recognized and spoke against the changes to this project because of alleged reductions in open space and road improvements and requested that it be remanded back 1to the Planning Commission. Mr. Haines responded to Mr. McCaffHry's concerns explaining the drainage and street plans. There bEdng no further public testimony, Mayor Shirley closed the hearingr to the public and turned the application over to the council for disposition. Councilmember Kenna made a motion that the council approve the following modifications which was seconded by Councilmember Owsley and passed by voice vote with six councilmembers voting in the affirmative. Councilmember Camfield requested that the record show 78' MINUTES OF THE REGULAR SESSION OF NOVEMBER 20, 1990, Cont. 4. 5. 6. that she abstained from voting or participating in the discussion on this matter. Findings: 1. The applicant proposes to construct a 74-unit congregate care facility on a piece of property described as Block B, Eisenbeis Addition. The property is located in the R-IA zoning district. While there is no designation in the Port Townsend zoning code for a congregate care facility, the code provides a use designation for a retirement home, which is defined as "a place of residence for several families or individuals in apartment-like quarters. . . which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities." (:~ 7.08.225, Port Townsend Municipal Code) The character of the applicant's proposed project is consistent with this u:;e classification. A retirement home is permitted as a conditional use in the R-IA zone. 2. The applicant proposes a two-story facility which would include on-site food service and a comnon dining room, laundry service, and an arts and crafts and activity center. The 74 units would be divided into 6 studios, 54 one-bedroom units, and 14 two-bedroom units, for a total of 88 bedrooms. The applicant states that the building would have 24-hour security and be staffed by a manager and approximately 10 employees from 8:00 am to 5:00 pm, 6-8 emploYE!es between 5:00 pm and 11:00 pm, 2-3 employees from 11:00 pm to 8:00 am, Monday through Friday; and 6-8 staff membe:rs on week-ends. The proposed project would be financed through the Farmer's Home Administration. 3. The subject property is bounded by ¡:~osecrans street to the west, 12th Street to the north, Hancock Street to the east, and 10th Street to the south. The dimensions of the property are 466 feet by 466 feet, for a total area of approximately five acres (217,156 square feet). The building proposed by the applicant would have a gross floor area of approximately 68,000 square feet, wi th a buildi:1g ground coverage of approximately 35,000 square feet, or 16 percent lot coverage. The height of the proposed building would be 27 feet. The bulk and dimensional requirements of 1:he zoning code restrict development in the R-IA zoning district to a height of 30 feet and a maximum lot coverage of 35 pE!rCent (17.20.010, Port Townsend Municipal Code). The site plan submitted by the applicant meets these requirements. The land surrounding the subject property on all sides is zoned R-IA. There is single-family residential development abutting the site to the west, sou.t:h, and southeast; the property surrounding the site to the north and northeast is currently vacant and undeveloped. Jefferson General Hospital is located approximately one-quarter mile to the east of the si te, and Castle Hill Shopping Center is located approximately one-quarter mile to the southeast of the property. The residential density of the proposed development would be approximately one dwelling unit per 3,000 square feet of lot area. If this site was to be subdivided under the provisions of the City's subdivision code, it would be possible to create a maximum of 30 lots of 7,200 squa:re feet on the subject property. The number of paved parking spaces has increased from 34 in the original plan to 41. In addition, 31 spaces are now proposed for reserve parking, 17 of these will be paved with I I I 79 MINUTES OF THE REGULAR SESSION OF NOVEMBER 20,1990, Cont. I I I gravel for a total of 58 units in paving and 14 in reserve. This totals 72 possible parking spaces which meets the 1.5 cars per unit requirement. "Sufficient land area must be reserved to provide parking as a multi-family residential use in the event the development is later converted, public transit service mus1: be available within two hundred feet (200') of the main entrance to each building, and sidewalks must be installed to and along each street frontage. If public transit service is: not available to within two hundred feet (200'), the parking requirement shall be 1 space per bedroom." 7. The public transit stop closest to the subject property is located at 9th and Hancock Streets, approximately 300 feet from the main entrance to the building. The subject property is surrounded by four streets: lOth, 12th, Rosecrans, and Hancock. The site plan submitted by the applicant dated January 2,1990, proposes that ingress and egress to and from the site would be provided by two driveways from Hancock Street, one driveway from loth Street, and one driveway from 12th Street which would serve as a fire lane to provide access for emergency vehicles. The right-of-way width of the four street surrounding the site is 60 feet. The developed width of Hancock Street abutting the property is approximately 18 feet, as is the developed wid1:h of Rosecrans Street; 10th and 12th Streets are currently undeveloped abutting the site. Hancock Street would provide the primary access point to the site. Hancock Street runs north to south, and intersects with State Route 20, the primary thoroughfare serving the city, approximately one-quarter mile south of the subject property. Hancock Street is open and developed between state Route 20 and the site, although it is not developed to City street standards north of 9th street. 8. Based on data from the Institute of Transportation Engineers (ITE), a retirement community generates 3.3 trip ends per day for each occupied unit. Therefore, a 74 unit facility at full occupancy would generate approximately 244 i:rips per day. Comparatively, ITE data shows that a single-family dwelling generates 10.03 trips per day, while an apartment unit generates 6.11 trips per day. The applicant is required to develop Hancock Stréet to City Design Standards pursuant to the Mitigated Determination of Nonsignificanc,e issued by the City Council on the project. The applicant proposes a building with wood siding and asphalt composition roofing. The site plan submitted by the applicant dated January 2,1990 shows landscaping proposed along lOth and Hancock Streets adjacent to the proposed building, as well as two resident garden areas. The applicant s:tates that the archi tectural theme of the building will be ch'osen to best be compatible with the surrounding single family residential construction. 9. 10. At its meeting of December 19, 1989, the City Council issued a Mitigated Determination of Nonsignificance (DNS) for the project after review of the environmental checklist submitted by the applicant pursuant to the Washington state Environmental Policy Act. The mitigating conditions added to the DNS by Council direct the applicant tCI preserve the existing trees on the site abutting Rosecrans S'treet; hood all exterior lighting to prevent glare to adjacent properties; develop 12th Street between Rosecrans and Hancock Streets; and develop Hancock Street between 9th Street and 12th Street in accordance with the Port Townsend City Design standards, including a sidewalk. 80. MINUTES OF THE REGULAR SESSION OF NOVEMBER ~:O, 1990, Cont. 4. 11. The applicant requested modification of the conditional use permit by letter dated October 15, 1990. The applicant proposes to construct a 48-unit congrE!gate care facility on a piece of property described as the smlth 3 acres of Block B, Eisenbeis Addition. Conclusions: 1. The proposed retirement home use of the subject property will not endanger the public health or safE~ty, nor will a nuisance be created. 2. The proposed meets all of the condit:Lons and specifications set forth in the R-IA zone in which t:rie property is located. The proposed use, developed under t~s conditions specified herein, will not be injurious or detrimental to adjoining or abutting property. 3. The applicant proposes to design and construct the building in a way which is consistent with the sur-rounding single-family residential development. The Port Townsend Comprehensive Plan also states that "A broad range of houf:ing types and densities should be available for Port Townsend residents. The di versification of housing types should satisfy a variation of lifestyles and economic capabilities." Therefore, the location and character of the use, developed under the conditions specified herein, 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: 1. The applicant's parking plan shall conform to the requirements and specifications of Ordinance 2175, unless a variance from the required numter of parking spaces is granted by the City Council. 2. The applicant shall enter into él contractual agreement wi th the City which stipulates that, should the City Council find at some future 1:ime that the parking requirement proves to be inadequ-:lte to serve residents, guests, and employees of the facility, the applicant (or successors) shall develop up to a total of 111 off-street parking spaces. The applicant Bhould reserve adequate land for this purpose. The site shall be landscaped to buffer the use from adjacent single-family residential uses. A final landscaping plan shall be presented to and approved by the City Council. 3. 4. Upon demolition of the existing buildings, a soil survey will be done on the site prior to construction of the retirement home, and the results of said survey shall be used to determine the design of the foundation and storm water drainage system for the prlJposal. 5. The applicant shall work wittL the manager of the Jefferson Transit Authority to design and provide safe and convenient access and boarding' for Dial-A-Ride transit service to the site. 6. Any subsequent change or addition to the site plan shall first be submitted for approval t~o the city council. If in èhe opinion of the city c,:>uncil such change or I I I If) " MINUTES OF THlLREGI1LAR-SESSION-O1L-NCWEMBER-2-G,-1-9-9-ir-,eont. 7. I 8. 9. 10. 11. I 12. 13. 14. addi tion constitutes a substantial al tE~ration of the original plan, the site plan shall be rl3manded to the planning commission for review. If a building permit or occupancy permit 1,s not obtained for the subject property wi thin one year of the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void. Hancock Street shall be developed by the applicant from 9th street to the western border of the 3 acre parcel in accordance with the Port Townsend City Design Standards. The sidewalk shall be developed as shown on the site plan submitted by the applicant on the site plan dated June 18, 1990, and submitted by the applicant on September 27, 1990. Rosecrans street shall be improved to a 24-foot-wide paved surface between 10th and the western border of the 3 acre parcel. A fire access hammerhead shall be constructed on the 3 acre parcel at the ~lestern end of the improvements to Rosecrans Street. 10th Street shall be developed to a 22-foot-wide grav~:Ü1ed and ballasted surface, with 3-foCtt shoulders on each side, between Hancock and Rosecrans Streets. The project shall be developed by the applicant in accordance with the site plan dated February 13, 1990. The interior driveways and parking area::; on the site shall be paved. The project shall be developed by the applicant in accordance with the site plan dated FebrlJlary 13, 1990. After notification and hearing, the City Council voted 7- 0 to amend the conditional use permit as illustrated on the revised sitè plan dated June 16, 1990.. The project shall conform to the revised plan as prE~sented. UNFINISHED BUSINESS Ouitnper Cr~dit Union Contract Rezone. Mr. Hildt reported that a meeting was held on November 16, 1990, with staff and representatives from the proponent. He outlined the design cri teria which appeared to be acceptable to those ÌJrl attendance. He then reviewed proposed findings and conclusions. Fred Apstein was recognized from the audience and reported that his lots were not included in the staff report even though they- were on the original application. Councilmember Clise explained that the council was not interested in an unconditional rezonE! as requested and elected to limit their consideration to the property currently proposed to be developed by Quimper Credit Union. ;~fter a brief discussion on the merits of Mr. Apstein' s request, Mr. Apstein was advised by Councilmember Camfield to reapply when this contract has been implemented and would not have the potential to be a spot rezone. councilmember McCulloch made a motion thai: the council adopt the following findings, conclusions, and conditions and approve a contract rezone for lots 23 through 28 inclusive, Block 31, Eisenbeis Add! tion which was seconded by Councilm~!mber Owsley. Mr. Apstein WaS recognized and thanked the council for their consideration, but requested that applicants not be invited to committee and council meetings to give testimony whl3n a decision has already been made on their request. The m'otion passed unanimously by voice vote: I 9 / . _u_~I!iUTES_9F THE_R_~GUt.Mtß~$J)I Q~QF' u_NOYEMBER--20-,- -J.990T-CeA-t-.------------ -,-- ---, --, -------,-,-------------,------------- --- -h- _n_--_--_-------- 8. Findings: 1. The applicant proposes a rezone of Lots 17-28, Block 311 Eisenbeis Addition, from R-I to C-II. The area is bounded by 12th street to the north, Hill Avenlle to the west, and 10th street to the south. The subject property is adjacent to the Safeway store building to the east. There is a residential dwelling on lot 17 and 18, while the remaining lots are currently vacant. The applicant proposes to construct a new community Credit Union should the rezone application be approved. The Safeway Store, which is located t,) the east of the subject property, is zoned C-II. Immediately north of subject property, lots 29-32, Block 31, is zoned C-II. The rezone application, if approved, would have the effect of expanding the entire block into a C-II zone. The remaining property adjacent to the subject property is ~oned R-I. 2. 3. Lots 29-32, zoned C-II, are owned by Quimper Credit Union. In addition, Quimper Credit Union owns lots 23-28. Two other property owners own lots 17-22. The owners of the other lots have signed the application. No plans have been proposed for the other lots on Block 31 should tho rezone be approved. Section 17.16.010 of the Port Townsené~ Municipal Code outlines the purposes of each zoning distric:t in the city of port Townsend. The purpose of the R-I zc'ning district, which is the present zoning designation of the subject property, is defined as "Exclusively a single-family residence district with adequate plat areas required and including the customary accessory and secondary uses." The purpose of the C-II zoning district, which is the proposed zon ing designation of the site, is defined as "Primarily a genE!ral commercial district for the conduct of enterprise which depends on proximity to major streets or arterials for trade or transportation." 4. 5. The subject property is identified as a sensitive area on the 1981 Comprehensive Plan Land Use Map. 6. There are currently about 140 acres of land in Port Townsend which are zoned C-II. Much of this land is undeveloped. There is presently 8.5 acres vacant land, zoned C-II in close proximity to the site, (immediately northwest of the Safeway store) on which the proposed use could be located. 7. The Port Townsend Comprehensive Plan presents several performance and locational standardH for the siting of a general commercial district. The Plan states that commercial development should be located in arlaas where a reasonable demand can be expected for community oriented needs; should be located adjacent to existing commercial development in a block-like fashion, or at the inten;ection of two or more arterial streets; should provide adequate parking and off- street loading areas; parking areas a:rld access points should be located and designed for safe visibility, ingress and egress to approaching pedestrians and motorists; that it should be adequately screened or separated from nearby residences; and that it would not adversely affect the use or value of adjacent areas or properties. Section 17.16.010 of the Port Townsend Municipal Code lists the uses which are' permitted in the various zoning districts, as either permitted or conditional uses. Broadly, a commercial use in the C-II zoning dis1:rict is an occupation, employment, or enterprise that is carr:.ed on for profit by the owner, lessee, or licensee and depen(is on the proximity to arterial streets for trade or transportation. The uses which I I I 8In MINUTES OF THE REGULAR SESSION OF NOVEMBER 20,1990, Cont. I 9. 10. 11. 12. I I are allowed in the C-II zoning district, as either permitted or conditional uses, which are not allowed in the R-1 zoning district are listed in Attachment 1 --Summary: C-II Zoning District. Block 31, the subject property, is served by three opened streets: 10th, 12th, and Sims Way. 10th StrHet is south of the site and feeds into Sims Way. 12th Street currently serves the surrounding residential area as 1rlell as a back entrance to the Safeway Store. Hill Street abuts the subject property and is presently unopened. The site .is served by an existing 8 inch sewer line and an existing 6 inch water line. There is some question as to whether the exist:ing sewer line would be sufficient to serve future developments at the site. There are no fire hydrants in the immediate area. The applicant states that the proposed rezone \l1Ould allow for the relocation of the Quimper Credit Union in a manner that would upgrade the area directly behind Safeway with a compatible use and would alleviate congestion in the Uptown and residential areas where the Credit Union currently operates. The Credit Union has 2,500 members. The applicant states that the bank currently generates around 200 veh.icle trips per day during regular business hours, Monday through Friday. More weekday data on vehicle trips are needed in order to draw any valid conclusions. The City Council has issued a Determination of Nonsignificance, dated August 7,1990, after review of the Environmental Checklist submitted by the applicant pursuant to the Washington State Environmental Policy Act (SEPA). The checklist was submitted for the rezone action, but no site plan for any proposed development has been submitted by the applicant. Should the rezone be approved, any commercial development would pe subject to site specific SEPA review. In addition, prior to application for a building permit, the applicant shall meet the conditions set forth in the Mitigated Determination of Nonsignificance, dated 7 August 1990, which requires: 1. The applicant to undertake a traffic s1:udy to assess al ternati ves for access to the proposed rE!ZOne property, wi th a special emphasis on Hill Avenue, 12th Street and Sims Way access points. 2. The applicant to work with the Gateway Project's consultants traffic recommendations and comply with the Draft Gateway Design Guidelines, or t;he guidelines ultimately approved by the City Council. 3. The applicant will submit a storm drainage plan for the entire site, designed by a civil engineer, for the approval of the Public Works Director. Conclusions: 1. 2. The applicant states that there is a need to relocate the Quimper Credit Union to the proposed rezone 1site to lessen traffic congestion at its current location. The property surrounding the subject property consists of both residential and commercial zoning districts ¡and uses. The property abutting the north and east sides of the subject property is zoned C-II. The proposed zonin9 change would result in the entire block, Block 31, being zoned as C-II land. Therefore, the proposed zoning change would be 82' MINUTES OF THE REGULAR SESSION OF NOVEMBER ;:0, 1990, Cont. 3. consistent with the proposed zoning and land uses of the surrounding area and would not amount to a "spot zone." However, a rezone is not an action which is related specifically to one project, like a 'lariance or conditional use permit, since a change in the zoning district will allow any of the permitted uses in the C-II zone on the property. There is presently vacant land which is zoned C-II in close proximi ty to the site on which the proposed use could be located. However, the proposed site is well served by three opened streets and could, with prOpE!r traffic engineering, provide a safe and convenient access f-:>r the 200 daily vehicle trips necessitated by the proposed use. 4. Four lots are currently zoned C-II on Block 31. The rezone of the other eleven lots, 17-28, would consolidate the property into a more functional commercial site. In addition, the site is not very sui table or desirable for I'esidential development. Moreover, the rezone would provide commercial development in a block-like fashion at the inters'9ction of two or more streets, which is consistent with the qoals, policies and maps of the comprehensive plan. 5. Commercial conditions in Port Townsend have changed since the last zoning of the property and jus1:ify additional C-II at this site. 6. After hearing the city council has decided to approve a contract rezone limited to lots 23-28. In consideration of the aforementioned findings and conclusions, the City Council grants the above-reforenced application as conditioned: a) Building height limited to thirty feet, determined in the same manner as in single- family zoning. b) Vehicular access exclusively frcm Hill Street or 12th Street. No vehicular access permitted to 10th Street. c) No building permits may be issued until a traffic study has been cond~cted and a sþecific plan adopted which servos all of Lots 23-32, Block 31, Eisenbeis Addit,ion. d) Any building permits issued to be conditioned to traffic plan. Applicants waive any categori<:al exemption from the Washington state polic::y Act (SEPA, RCW 43. 21C) which might other~'ise apply to project proposals wi thin the re2:one area. the e) Use is restricted to a financial institution or credit union. ORDINANCE NO. 2214 AN ORDINANCE REZONING LOTS 23 THROUGH 28, INCLUSIVE, BLOCK 31, EISENBEIS ADDITION TO THE CITY OF PORT TOWNSEND, FROM R-I TO C-II; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE REZONE; AND ESTABLISHING AN EFFECTIVE DATE I I I 83' MINUTES OF THE REGULAR SESSION OF NOVEMBER 20,1990, Cont. I Mr. Grove read the ordinance by title. Councilmemher Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Camfield and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember Owsley made a IIIlotion that the council adopt Ordinance No. 2214 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. Contract for Garbage Service. RESOLUTION NO. 90-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND MAKING FINDINGS AND AUTHORIZING EXECUTION OF A CONTRACT FOH SOLID WASTE HANDLING AND DISPOSAL WITH SUPERIOR REFUSE REMOVAL, INC. I Mr. Harper distributed a final draft of the contract including recent changes which he explained. He then explainHd the findings which must be made for the city council to authorizE~ this contract to be signed. Keith then reviewed his interpretation of the law as it applies to commercial recycling. Boyd Hartman, attorney for Superior Refuse, was recognized and explained that the Washington Utili ties and Transportation Commission has jurisdiction over licensing recyclers hauling from businesses and the rates that they will charge. He explained that Superior has made application for a license to undertake this transportation in Port Townsend and indicated that all recyclable material will be taken to the Jefferson County Recycling Center. He further indicated that they plan to support and maintain the present collec1:ion practices established by Bayshore Enterprises until such time as they have the appropriate authority. He recommended that a public hearing be held at this time and the contract be authorized because equipment must be ordered promptly. in order to meet the deadline for service to begin. A letter dated November 20, 1990, from Lee Meling was copied for council at this time outlining their commitment to commercial and residential recycling in the city. Councilmember Westerman explained that this contract provides $.50 per month over the transportation rate to compensate the contractor for the purchase of the three stacking bins for recycling. She expressed concern about the rental rate proposed for recycling drop boxes. Mr. Meling was recognized and explained the use of drop boxes supplied by Superior is strictly optional. A discussion of the disposi tion of yard waste ensued. It was explained that the next project after the revisions to the garbage ordinance is to write a recycling ordinance stipulating among other things, how yard waste will be handled. A discussion ensued about the lit1cer cans on the streets downtown. The fact that there is no provision for termination of this contract except for cause was discussed at length. Councilmember Clise asked how the fee would be adjusted to compensate for changes in fuel costs, etc. and Mr. Grove addressed his concerns. Charles Adams of Bayshore Enterprises was recognized and explained their present authority to colle!ct recyclable material and their view of their subcontract with Superior after the end of the year to provide a continuity of service. Further discussion on commercial recycling ensued. At this point Mayor Shirley opened a hearing on this contract to receive public comments. Molly Pearson was recognized and spoke in favor of the contract indicating that it was her understanding t:hat the county would continue to provide drop boxes in the city for recycling. There being no further testimony, Mayor Shirley closed the hearing to the public. During further discussion, Mr. Meling added additional clarification on the bottom of his lette!r indicating a willingness to continue commercial recycling efforts: on a long term basis. Councilmember Westerman made a motion that the council adopt Resolution No. 90-107 which was seconded by Councilmember Clise and passed unanimously by voice vote. I 84 MINUTES OF THE REGULAR SESSION OF NOVEMBER ¿O, 1990, Cont. Garbage Ordinance Amendments. Mr. Harper explained that it has been the practice of the city to set a public hearing to receive testimony anytime there is being considered and adjustment to the rates charged for garbage service. Mr. Grove indicated that he could have a draft ordinance ready by the next regular meeting on December 4,1990. Councilmember Westerman made a motion that the City Council conduct a public hearing on thH proposed amendments to the Garbage Ordinance on December 4, 1990¡ which was seconded by Councilmember McCulloch. 1990 Budget Changes. Mr. Grove noted that 'the council has received memorandums indicating the budget changes n::!eded to the 1990 budget and an ordinance will be introduced at the next regular meeting. Townsend Meapows Planned Unit Development. Mr. Hildt explained that about two months have expired since a stop work order was issued on this project. He indicated 1:hat Mark Johnson, the developer, reported that he would not be able to come to this meeting because their plans for restoration are not complete at this time. He reviewed the options available to the council outlined in his memorandum dated November 1,1990. Councilmember Owsley made a motion that the council set a deadline of Thursday, November 29, 1990, for the submission of a restoration plan and that the preliminary plat be remanded back to the Planning Commission for re-consideration. which was sc~conded by Councilmember Camfield and passed unanimously by voice vote. COMMITTEE REPORTS Legislative/Environmental. Councilmember Kenna made a motion that the council issue a mitigated declaration c.f non-significance on a checklist submitted by vantage Homes for a subdivision of 30 acres in Port Townsend to create 76 residential lots with the following mitigating measures which was seconded by Councilmember Camfield. After a brief discussion, the motion pass ~d unanimously by voice vote: Mitigation Measures: 1. The applicant shall meet the following requirements of Article III, Section 4 of the Covenants, Conditions and Restrictions: No significant trees (with a diameter of 12 inches or more) shall be cut unless they are located wi thin ten feet of a residence, street or driveway. Landsc,:lping should enhance the existing topographical significant features and preserve the natural vegetation as much as possible. In addition, a thirty foot wide, existing natural buffer I'::hall also be preserved around the entire site. Construction activities will be carried out to retain significant i:rees and preserve the natural vegetation. 2. Prior to construction or grading, a drainage master plan shall be prepared and approved by the PubLic Works Director. The plan should detail long-term on-site detention practices, including the proposed pond, and the use of existing drainage swales for erosion control. Special concern should be given to open space areas lots A, Band C. Provisions for adequate maintenance shall be provided. 3. An off-site drainage plan shall be pr'epared and submitted to the Public Works Director for approval. The plan shall include necessary easements and ul tin,ate disposal. A transportation master plan shall be prepared and submitted to the Public Works Director. Thn plan shall determine present and future overall circulation both within the proposed subdivision and to arterial :;treets. The plan shall address traffic volumes and circulation, location and 4. I I I 85 MINUTES OF THE REGULAR SESSION OF NOVEMBER 20, 1990, Cont. placement of bicycle, pedestrian access ways and parking along the roadways. The plan shall study the dlevelopment of separate streets from the subdivision to Hastings Avenue and Discovery Road. I 5. Streets wi thin the subdivision shall be paved in conformance with City street Standards Ordinance #2210. Base requirements will be recommended to the Public Works Director on the basis of soil tests. 6. A temporary cul-de-sac or hammerhead shall be provided at the south end of "D" Street to the specifications of the Public Works Director. 7. A water supply booster pump station shall be installed to the specifications of the Public Works Director to meet pressure requirements. Rather than provide a remote, isolated pump station, agreement should be reached to provide a possible future regional booster pump station located on City property near the existing City water tank. Design, construction, operation and maintenance costs shall be addressed. Councilmember Kenna announced a committee meeting t:o consider two checklists on December 4, 1990, at 6: 30 PM in the Council Chambers. Water and Sewer. Councilmember McCulloch announced a committee meeting for November 27, 1990 from 3: 00 PM to 6: 00 PM to consider filtration requirements and an implementation strat~agy which began at their last meeting. Mr. Harper was invited to this meeting, but indicated that he would be out of town on that date. I Finance. Councilmember OWsley reported that the committee met with Joe Wheeler of Centrum, David Hurd representing J4ike Early and Associates, and the City Dock Adhoc Committee who \\rere asking for funds. In addition, electrical work around Haller Fountain and cleanup around the new triangle park were discussed. She indicated that they have no recommendations at this time. I Street/Storm Drainage/Light. Councilmember Owsley reported the committee would like to meet again on November 28,1990, at 5:00 PM. She reported that the Rhody Committee strongly desires to have the Rhody Parade downtown and presented three al ternati ve routes to the committee. The committee was in favor of 1:heir request. Councilmember Owsley made a motion that the City Council strongly encourage the parade in the downtown area which was seconded by Councilmember Westerman and passed unanimously by voice vote. Mayor Shirley indicated that he would make sure this information gets to the Police Chief. She reported that thE:! committee is concerned about protection against illegal tree Gutting in the public rights-of-way and indicated that one abutting property owner is threatening to remove a tree without permission. The committee is monitoring this particular situation and has asked the City Attorney to write to the property owner in question and advise her of the need for permission. A new policy for t:ree and brush cutting is being prepared by the committee and the~y plan to take public testimony to obtain suggestions. The commi tt,ee approved the trimming of trees at 22nd and Landes to improve visibility at that intersection, trimming at the intersection of Washington and Pierce Streets where the tree bottoms need to be trimmed, the removal of three Fir trees near the intersection of Rosecrans and Logan to make way for a sewer pump line, and three Poplars at San Juan and "F" need to be removed. Councilmember OWsley made a motion to approve the suggested removals and trimming which T./TaS seconded by Councilmember Camfield and passed unanimously by voice vote. Councilmember Owsley reported that Andy Thurston has approached the commi ttee about his wetlands development project: and has been referred to Public Works Director. 86 MINUTES OF THE REGULAR SESSION OF NOVEMBER LO, 1990, Cont. Parks and Property. Councilmember Camfield reported that she and Brent met with representatives of state Par]Œ to discuss the future of the Chinese Gardens and the hearing process contemplated on the installation of more campsites. She then read a letter from the Mayor that she would like the council 1:0 sign making certain recommendations. Community Services. Councilmember Westerman noted that the housing needs assessment is being considered and ~l1arned the City Council that they will probably be coming to the city for a share of the cost. She indicated that there is a real need for this study. Police/Fire/Animal Control. Councilmember Clise reported that the committee met to discuss the noise problems, downtown with citizens and Police Sergeant Robert Boice and reviowed a draft ordinance. He indicated that Police Chief Robert Hinton reversed his earlier opinion that this could be easily enforced and withdrew his support. The Chief was asked to borrow a meter to measure the noise levels at various distances during loud music performances so the city would have some data for a base. The committee recommended that better public lighting behind the Back Alley Tavern Lot and the Town Tavern would reduce the loud rowdy behavior in these locations. The committee reque::;ts that the Mayor and Public Works Director provide a lighting solution for these two places. He reported that they have received a petition signed by twenty residents in the uptown area complaining about loud music from the Town Tavern. Councilmember Owsley requested that portable music from "Boomboxes" or from automobile stereo systems be addressed at the same time. STAFF REPORTS Public Works Director. Mr. Wheeler reported that lighting has become a concern at the intersection of 19th and Discovery Road. He asked the council to drive past this i:rltersection and contact him with their opinion. He then reported on activities in regard to secondary waste water treatment. He explained that Jefferson County has issued a letter indicating that they are going to pull their septage out of our treatment plant but are willing to still handle sludge. Mr. Wheeler recommended that a rate study be initiated to evaluate how the added cost:>f secondary wastewater treatment and water filtration will effect our future charges for services. He presented the council with a proposed contract for the study which would include evaluation of impact fees. He asked for the council to consider authorizing thE~ contract at their next meeting. Clerk-Treasurer. Mr. reported that the council has received copies of the 1991 Preliminary Budget and copies are available to the public in the Clerk-Treasurer's Office of city Hall between now and the public hearing scheduled for December 3,1990. NEW BUSINESS ORDINANCE NO. 2215 AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX LEVIES FOR THE YEAR OF 1991 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 Clise and ~ passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember Kenna made a motion that Ordinance No. 2215 be adopted which was seconded by Councilmember Camfield and passed unanimously by roll call vote. I I I I I I ~ 87' MINUTES OF THE REGULAR SESSION OF NOVEMBER 20, 1990, Cont. ORDINANCE NO. 2216A AN ORDINANCE AMENDING ORDINANCE NO.1 790 AS WELL AS SECTION 2.04.010 OF THE PORT TOWNSEND MUNICIPAL CODE PROVIDING FOR A TIME AND PLACE FOR REGULAR MEETINGS OF THE CITY COUNCIL. Mr. Grove read the ordinance by title. A discussion ensued on the wisdom of starting the meetings earlier and possibly scheduling more special meetings. Mayor Shirley suggested that an overall time limit to the public comment section of 1:he agenda be considered. Councilmember Westerman suggested 'that a better al ternati ve would be to shorten the agendas. Councilmember Owsley suggested that the councilmembers could make wri tte~n comments and distribute them prior to the meeting when they have a lot to say on an issue. Councilmember Clise made a motion that thE~ first reading be considered the second and the third be by title only which was seconded by councilmember McCulloch and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember Clise made a motion that the council adopt Ordinance No. 2216A which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. Ordinance Establishin9 Small Works Rosters. Mr. Wheeler explained that he is not prepared to make a recommendation about this option at this time and requested more time to research the matter. ORDINANCE NO. 2217 AN ORDINANCE REDUCING THE UTILITY BUSINBSS TAX UPON TELEPHONE BUSINESSES, BY AMENDING PRIOR ORDINANCES AND ESTABLISHING AN EFFECTIVB DATE. Mr. Grove read the ordinance by title and explained that it is required by law that we ramp the tax down. Councilmember Camfield made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Westerman 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. 2217 which was seconded by councilmember McCulloch and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION Loans Recommended by the Historic Preservation Commission. Councilmember McCulloch asked for a progress report on the request from Cindy Thayer on three loans. Mayor Shirley indicated that the funds needed to be requested from the county, but t:hat as soon as we had a timetable from them, we would proceed. Christmas Party. Councilmember owsley announced tha"t the employees Christmas Party would be on December 8,1990, at thE~ Mayor's home. Animal Control Contract. Councilmember Clise aske!d if the Mayor had any comments on the letter from Jefferson County indicating that they would no longer be contracting with the ci 1:y and Bayshore for animal control services after 1991. Mayor Shirley reported that he was told they are considering building an animal shelter and are willing to discuss further contractual arrangements with the city. Ambulance Services. Councilmember Clise asked of there was anything more about a meeting with ambulance service providers. Mr. Harper indicated nothing was scheduled at this time. I / 88 MINUTES OF THE REGULAR SESSION OF NOVEMBER 20,1990, Cont. EXECUTIVE SESSION Mayor Shirley declared a recess into executive session at 11:17 PM to discuss litigation with the City Attor:ley. He requested the presence of Michael Hildt and David Grove as: well. The meeting was reconvened at 11:45 PM. ADJOURNMENT There being no further business, the meeting was declared adjourned at 11:45 PM by Mayor Shirley. ~ Attest: v~ City Clerk I I I 89- I I I