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HomeMy WebLinkAbout01/15/1991 I I I MINUTES OF THE REGULAR SESSION OF JANUARY 2,1991, Cont. at Jefferson General Hospital had shelter and that it is coordinated through the Sheriff's Office, Fire Hall and hospital. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session to discuss the acquisition of real estate including Keith Harper, David Grove, Michael Hildt and Robert- Wheeler at 9: 01 PM.. The meeting was reconvened at 9:37 PM. COUNCILMEMBERS GENERAL DISCUSSION Union Wharf. Councilmember Kenna affirmed that relative comments to Union Wharf will be accepted at the Legislative/Environmental Committee meeting on January 7,1991. Mr Hildt reported that "The Final Hearing" on Union Wharf will be January 15, 1991, and then the lease will be presented to Council for action on or after January 22,1991. A discussion of the process ensued. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:45 PM. Attes~ ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JANUARY 15, 1991 The City Council of the city of Port Townsend met in regular session this Fifteenth day of January, 1991, at 6: 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. MOMENT OF SILENCE Mayor shirley requested a Moment of Silence for each person present to reflect in their own way on the Mid-East crisis. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember owsley and passed unanimously by voice vote. Approval of the Minutes for December 19,1990, and January 2,1991, as written without reading. Approval of the following Bills and Claims: Current Expense Street Library Park Emergency Medical Services Capital Improvement $ 66,883.86 9,002.83 3,734.75 5,784.77 1,813.52 80.71 119 120 MINUTES OF THE REGULAR SESSION OF JANtARY 15, 1991, Cont. Local Improvement District #1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 5,987.50 80,302.68 1,406.25 35,795.95 240.80 $211,033.62 Setting Hearings: . Conditional Use Permit 9010-04 -Summit Communications Variance Application 9010-03 -Summit Communications Both Hearings set for February 5,1991 Authorization to Call for Bids: Liquid Chlorine to be opened February 5, 1991 Communications: A formal request dated December 24, 1990, from Mike Early Golf Shop, Inc, to exercise the right to extend the lease at the Port Townsend Golf Club (Spring Valley Golf Course) for a ten year option and requesting permission to raÌ!;e current charges for green's fees was copied for Council and referred to the Parks/ Property Committee. A letter dated January 1, 1991, from Jack McAnally stating his conviction that a full study should be made of the effect the Union Wharf Project will have on Port Townsend wa::; copied for council and referred to the Public Hearing later on the agenda. A letter dated January 2, 1991, fromM:ayor Shirley to Jean Anderson, expressing his appreciation for her service as a member of the Historic Preservation Commission was copied for Council. A letter dated January 3, 1991, from Mr and Mrs John Stroeder stating their opposition to the proposed new industrial area west of McPherson Street because the area cannot: handle any more demand on water pressure or traffic congestion. A letter dated January 3, 1991, from Barbara Carr, Grand Parade Co- Chair for the 1991 Rhododendron Festival Grand Parade Committee enclosing the parade permit application for the 1991 Rhododendron Grand Parade was copied for Council and I'eferred to the Street/ Storm Drainage/Light Committee. A letter dated January 4, 1991, from Pat Teéll, Program Director and Leslie Aickin, Financial Manager, Domestic Violence Sexual Assault Program, thanking Council for their 1991 allocation was copied for Council. A letter dated January 7, 1991, from Jeff Frettingham, Environ- mental Planner, Jefferson County Depart:nent of Public Works, including a copy of the State Environmental Policy Act Environ- mental Review checklist and letter of Determination of Non- significance for the Jefferson County Hazardous Waste Management Plan was copied for Council and referred to the Legislati ve/- Environmental Committee. A letter dated January 9, 1991, from David Grove to Eden Systems requesting an updated quote on the costs to make a conversion to an NCR 10,000 model 35 computer was copied for Council and referred to the Finance Committee. A letter dated January 10, 1991, from Bart Phillips, Economic Development Council including a packet of bélckground information on the Union Wharf Project was copied for Council and referred to the Public Hearing later on the agenda. This concludes the Consent Agenda. I I I I I I MINUTES OF THE REGULAR SESSION OF JANUARY 15,1991, Cont. PUBLIC HEARINGS Union Wharf Lease. Mayor Shirley gave a brief history <of the actions taken by Council on the Union Wharf Project and statE~d that there are two remaining steps for the City; 1) approve a negotiated lease 2) accept and approve a proposed parking agreement. Mayor Shirley stated that this is the final hearing on the proposed lease with Union Wharf Associates; that this meeting will be continued to next Tuesday at 6:30 PM for action on the proposed lease; that no further testimony will be taken at that time but new information will be considered before the vote. Mayor Shirley opened the hearing to the Public. Paul Marcoux, Union Wharf Associates, was recognized and gave a history of the project since March, 1986, and background for changes made in the proposal. Mr Marcoux then went through a packet of clippings from local newspapers dating from DecembE~r 1984 to December 1990 regarding the Union Wharf and stated that the project has been before the public all along. Lowell Bogart was recognized and spoke in favor of the Union. Wharf project stating that there is historical precedent for saving the wharf, the Shorelines Substantial Development Permit has 22 conditions that must be met, the eelgrass problem is being mapped and mitigated, and the developer has shown good faith in mitigating concerns for multiple permits. Ron McElroy, speaking as a co-owner of a downtown business, was recognized and spoke in favor the Union Wharf project stating that an economically strong downtown business district is essential to the city and that he believes the project will draw shoppers to the whole area. Mr McElroy stated that the City has sent clear signals to the developer of approval, that the parking plan could go a long way toward financing a much discussed parking garage and that the issue is not whether we enter into a lease, but how. Sam Kyle, owner of the Mount Baker Block Building, was recognized and spoke in support of the Union Wharf stating that it appe:ars to be a well conceived project which compliments the downtown. Cindy Wolpin was recognized and spoke in opposition to the Union Wharf project citing concerns about the need for morE! than conceptual drawings but a scale model, a traffic study, parking plan, economic impact study, a concern that the businesses on the wharf will drain shoppers from the current downtown, a down-sized turn-around and its impact, and stated that the declaration of nonsignificance should be withdrawn re-evaluated. Donn Trethewey was recognized and spoke in opposition to the Union Wharf project demonstrating problems with the turn-around and parking on Taylor Street on a chart. He proposed a "steam driven turntable". Mark Saran was recognized and spoke in opposition to the Union Wharf project stating that the project has changed in the last four and a half years and offers much less for the citizens now than it did when it started and asked that the Council act with prudence and reminded them that they are all elected officials. Kathryn Jenks was recognized and spoke in opposition to the Union Wharf project asking how the valet parking is going to work and will it be available to the public; who are the renters in the project going to be when there are vacancies in present buildings; and are the developers going to sell the lease as soon as it is signed. Monica Mick-Hager was recognized and spoke in opposition 'to the Union Wharf project and presented council with over 400 additional 121 122 MINUTES OF THE REGULAR SESSION OF JANU\RY 15, 1991, Cant. names on a petition requesting the withdrawal of the Declaration of Non-Significance issued for the Union Wharf proposal presented in December bringing the total to over 700 and urged Council to consider the public good against the economic gain of a few private interests stating that the costs outweigh the benefits. Frank D'Amore was recognized, thanked Mayo!' Shirley for the moment of silence, and spoke in opposition to the Union Wharf project stating that the Council has the option of requiring all projects to follow the requirements of the State Environmental Policy Act (SEPA) including re-opening this project in relation to the new information on eelgrass. Bob Sokol was recognized and spoke in opposition to the Union Wharf project stating his concerns about parking :Ln the downtown business district and the additional 51 parking spaces required for the Union Wharf project. Mr Sokol stated th~t the proposal for 25 parking spaces is not adequate and that the full 51 spaces should be available when the Union Wharf project is completed. Bob Rickard was recognized and spoke in opposition to the Union Wharf project questioning the concept of valet parking when the parking area is so far away from the wharf. Jean Anderson was recognized and spoke in opposition to the Union Wharf project citing more consideration is needed especially when the closed building is only 40 feet from 1:he end of the existing buildings (Sea Galley) on Taylor Street and that a view corridor will be blocked and that a turnaround on Taylor street will not work. David Hero was recognized and spoke in opposition to the Union Wharf project citing potential costs to thE! City for utilities and whether current water and sewer lines are capable of handling the current loads as well as the potential loads from the Wharf; his recommendation for a mandatory yearly inspection of the wharf to prevent the City from receiving a condemned building at the end of the 90 year lease; and questioned that if ~rithdrawal of the deter- mination of non-significance would kill the project, then that isn't that a good reason by itself to reconsider the project. Alison Hero was recognized and spoke in opposition to the Union Wharf project stating her concerns for the impact on the waterfront of the project above and below the water level, the intersection of Water and Taylor streets, the Downtown and the whole community and the changes in the project since its conception. Jean Anderson was again recognized and qul:!stioned the ability of the Fire Department to respond to the Wharf if needed as every unit in the motel has a wood stove in it. Marsha Rasmussen was recognized and spok,~ in opposition to the Union Wharf project stating that she has spoken in favor of the project before but has changed her opinion due to concerns brought forth by the community. She urged Council to admit that it made a mistake and that the eelgrass issue is very significant and should be worked through step by step allover a9ain and urged that the Council not go through with the lease. Mike Yawman was recognized, thanked the Mayor for showing sensitivity to the time that we are in thin country now, and spoke in opposition to the Union Wharf project~lthough he had been in favor of it initially. Mr Yawman went on t:> cite his concerns with the lease for the time for completion of the project within a year, provisions for extensions or penalty if noi: completed on time; the hours of construction and its congestion on Taylor Street for a year; and, speaking as a member of the Historic Preservation Commission, the interim parking allowance for "temporary" parking I I I I I I MINUTES OF THE REGULAR SESSION OF JANUARY 15,1991, Cont. along side of historic buildings is discouraged by the Secre1:ary of the Interior. . Ted Shoulberg was recognized and spoke in opposition to th€~ Union Wharf project stating that a marine museum was not included as it was in the original project; that since a letter from the Department of Ecology dated January 7, 1991, referred to a draft of a declaration of covenants that has not been presented 'to the Public for review, the hearing be continued for comments on it. Mayor Shirley stated that there will be an opportunity at the next Council meeting to address that issue if it is truly n.3W and additional information as he believes it could be considered. Mr Shoulberg stated that he shares the concerns of Cindy Wolpin about the inadequacies of the project as well as the manner in which it was evaluated and analyzed and went on the discuss his concerns for the lease between Union Wharf and the City. Joan Best was recognized and spoke in opposition to the union Wharf project stating her concerns about what happened to the pik€~ Place Market in Seattle in relation to this project should the lease be taken over by someone else and stated that many scientists are now forecasting a global warming with the water level rising thrE!e feet by the year 2050 which is within the length of the lease and that this is something to be considered. Penny Odom was recognized and spoke in opposition to the Union Wharf project stating that the present project is not the same as was first proposed; the lease should not be used for mitigating issues that should be in a proper state environmental policy act checklist and environmental impact statement; and that we should "make haste slowly". Kit Pinnell was recognized and spoke in opposition to the Union Wharf project encouraging Council to allow time to more fully examine the domains of traffic flow, parking, and eelgrass viability before the development begins. Carol Haase was recognized, acknowledged the good intentions of the Council, and spoke in opposition to the Union Wharf project saying that it has changed completely in scope and needs to be readdressed through proper channels with a checklist that relates 1:0 the project as it is now. Jim Ewing was recognized and spoke in opposition to the Union Wharf project and listed three steps to making a decision of this magnitude: 1) An emotional urge to do something neat 2) Systems analysis 3) Back to emotion again. Mr Ewing stated that there will never be enough information or time to do a systems analysis, but urged Council not to go ahead with a decision without taking the middle road and do some planning. Paul Marcoux was recognized and explained that he would not have spent four and one-half years of his life and $500,000.00 if he was not serious about this project; that the State Historical Preservation people have written a letter to the Corp supporting the project; a traffic study has been done which does not indicate a "gridlock"; the project should be beneficial to existing businesses by bringing more people and tourists to the area; the "plan" has evolved over time with changes because of the proc:ess it has been through and requirements of various agencies; the final site plan was here mid-year 1990 with a public meeting to go through it in September; Port Townsend is getting 27,000 square feet of dedicated public space; the marine museum owner has since gone bankrupt and the University of Washington's marine biology facility was not funded; the attorney representing the city on the lease is more than capable and the lease has been worked on since 128 124 MINUTES OF THE REGULAR SESSION OF JANl:ARY 15, 1991, Cont. mid 1990. They are doing everything thai: has been required and then some in putting this project together and the process is continually evolving. The project has shrunk in size during this process but not changed much because of :Lnput by the public and governmental sectors. Wally Trace was recognized and asked if thf~ questions raised by Mr Shoulberg should be answered now or in wri':ing by Mike Schumacher; a landlord-tenant relationship will be entE!red into and he does not want to pay for city staff time; the project has shrunk in scope and not grown in scope, therefore, the viEM corridor has not been diminished from the beginning; the transient moorage facilities that were originally proposed to be att:;¡ched to the dock have proven to be unrealistic and a proposed SE!asonal dock facility to be attached to the main pier with transient moorage and buoys are a safer, year around way to moor; valet parking is a management problem and something he would like to do differently if it were possible but you cannot park over water; h,:! is concerned about his financial life, not bankruptcy, and is very serious about it, but did point out that Federated, the parent ci:>mpany of The Bon Marche is in bankruptcy and The Bon Marche is probably one of the strongest retailers in our state today; it is very possible to be in bankruptcy and not be in default in a lease and still be operating viably but they are going to do everything in their power to keep anything like that from happening. They are confident that they can bring tenants to town that are successful retailers that will survive, prosper and help other businesses in town ... there has only been one local retailer who has 1:alked about moving into the project ... they feel that Port TownsEmd has to have a strong downtown community in order for them to survive and that is a fact of the investment they are making in this community their meeting rooms hold about 60 people - not :WO - and are a required public space. .. yearly inspection for mair:tenance, by the time you got a definition of what it would be, it 'Tould be obsolete within ten years from now... he explained that concrete pilings are going to be used instead of wood because of the first class quality of the project ... the tenants will be quality tenants or they are not going to survive ... it is really what kind of land owners are they going to be rather than what they are going to develop ... it is his intention to continue to be quality developers and quality land owners... they are not Pike Place }/.:arket as the issues are entirely different... he appreciated thl~ opportunity to take a moment to think about the war at the sta:rt of the meeting as he served in combat and knows how scared they are ... he again asked if they should respond in writing to tJ1e comments made by Mr Shoulberg and others tonight. Mayor Shirley responded that the comments e;hould be responded to in writing. Lowell Bogart questioned if the current 1=,roject is closer to the shoreline than originally, and if so, why, because that has an impact on the view corridor and it is his 'lnderstanding that there is less eelgrass out farther. Mr Trace responded by showing the changes in the project on a chart that showed that the project is smaller, but the pier has changed very little in width; the buildings may be four or five feet closer to the shoreline because requirement by the Department of Natural Resources to keep the hotel inside the haJ:,bor line. Mike Schumacher, attorney for Union Wharf Associates, was recognized and stated that the project vir1:ually the same and still has about 80% of its original list of potential uses. The uses that have fallen out have been explained by the developer. The only required water-dependent use, the pasBenger ferry, is still in the project and additional water uses have approached the developer that they want to pursue. Eelgrass and SEPA: an environmental I I I I I I MINUTES OF THE REGULAR SESSION OF JANUARY 15,1991, Cont. consultant knowledgeable with the local shoreline plan was hired to help with the checklist. Mr Schumacher showed three marine atlases, two of which where listed in the bibliography for the checklist which show the locations of eelgrass and kelp which are inconclusi ve. Eelgrass was not an intentional omission and \'Irhen it was discovered, all agencies were notified and they are well along on a mitigation plan. He will respond in writing to the issues brought up about the proposed lease. Mr Schumacher stated t.hat if a project that was submitted in 1985 was identical with what is approved in 1991, the process is not working because that is what the process is all about. The parking and turnaround issues are being discussed with the planning department. The lease is a. legal document and without the legal language, it could easily be a 100 page lease. There being no further testimony, Mayor Shirley closed the hearing to the public and thanked everyone for their research and thoughtful testimony. RECESS Mayor Shirley declared the meeting recessed at 9: 30 PM. meeting reconvened at 9:40 PM. The Discussion of Union Wharf. A discussion of the drawing ensued while Mr Hildt was sent downstairs to catch the developers before they left. When the developers returned, a simple scale model of the project was requested by Council, Councilmember Kenna stated he would put his suggestions to keep SEPA separate from the lease in letter form for Council, Councilmember Westerman listed questions she has on the lease, a discussion of the scope of the requested model ensued, Councilmember McCulloch requested a list of all the agencies involved in this project and the date of their most recent correspondence. PUBLIC HEARINGS Conditional Use 9010-01 -Herrington. . Mr Hildt reviewE!d the findings and conclusions of the Planning Commission recommending approval of the conditional use permit for a two-room b4~d and breakfast inn at 905 Franklin Street. Mayor shirley open'ed the hearing to the public. Herb Herrington was recognized and spoke in favor of his project. Jim Ewing, a neighbor, was recognized and spoke in support of the project. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After a brief discussion, councilmember Camfield made a motion that the Council adopt the following findings and conclusions and approve Conditional Use Application 9010-01 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Findings: 1. The applicant proposed to establish a bed and breakfast inn in the existing single-family dwelling located at 905 Franklin Street in the R-II zoning district. Bed and breakfast inns are a conditional use in this zoning district. The applicant resides at the subject property. The subject property is located on the corner of Franklin and Taylor Streets. The surrounding uses are primarily residential, with several bed and breakfast inns in the area. The dwelling was constructed in 1898. No expansion of the building is proposed. The applicant proposes to rent two rooms to transient guests on a daily / weekly basis. 2. 3. The parking requirements for bed and breakfast inns stat~e that two off-street spaces be provided for the owners USE~. In 125 126 MINUTES OF THE REGULAR SESSION OF JANl'ARY 15, 1991, Cont. addition, one off-street parking spaGe be provided for each guest room. A total of 4 spaces woulcl therefore be required. 4. There are currently two off-street f;paces available on the subject property. The dwelling in question has been identified on the map which accompanied the certification of the Port Townsend Historic District as being of secondary significance. As such, additional reql1ired off-street parking spaces are reduced by the number of on-street parking spaces which are located on that portion of 1:he public street right- of-way abutting the front and side 101: lines of the property. There are 2 on-street spaces of over twenty-feet each available on the Franklin Street frontage, and approximately 5 on-street spaces available on Taylor Street. 5. There are significant on-street parking demands in the area in which the subject property is located. Many of the residential properties in the area are unable to provide adequate off-street parking for their :personal vehicles. This increases the parking shortage in the immediate area. Conclusions: 1. The proposed bed and breakfast inn use of the subject building would not endanger the public health or safety, nor create a nuisance to the surrounding neighborhood. The proposed use would be required to meet all the conditions and specifications set forth in the R-II zone in which the property is located, except for thosl~ legal, non-conforming condi tions that were in existence pr:.or to the enactment of the Port Townsend zoning code of 1971. 2. 3. The proposed use would not be injurious or detrimental to adjoining or abutting property. 4. The subject property is located in the R-II zoning district, and is surrounding by single-family development. There are similar uses occurring in the immedia1:e area. Therefore, the location and character of a bed and breakfast inn would be in harmony with the area within which it is located. 5. Although the on-street parking demands of the immediate area are significant, the proposed use wculd have ample parking available. This is due to the great~er street frontage and increased number of parking spaces found adjacent to corner lots. Condi tional Use 9010-03 -Friedman. Mr Hild1: reviewed the findings, conclusions and conditions of the Planning commission recommending approval of the permit for the re-establish:nent of a theater at 229 Taylor Street. Mayor Shirley opened the hearing to the public. Councilmember Clise stated that the applicant is an employee of his; that he feels he can be impartial; and offered to leave the Chambers if anyone objects to him taking part. There being no objections, Councilmember Clise remained i:rl the Chambers. Robert Friedman was recognized and spoke in fa~'or of his project and stated that there is no eelgrass beneath thE! Rose Theater. Bernard Polishuk was recognized and urged the Council to vote favorably on this application and stated that he will be walking to the theater. Frank D'Amore was recognized and spoke in support of this project. Cindy Wolpin was recognized and spoke in support of this project. Sam Kyle was recognized and spoke in favor of the renovation and rehabilitation of the building but questio:1ed the use of the rest of the building; parking for matinees; that the grants may be used for the whole building and not just the theater; and the joint use parking. George DeHaven, representing the Elks, was recognized and stated concerns for parking, "grandfather clause", using public I I I I I I MINUTES OF THE REGULAR SESSION OF JANUARY 15, 1991, Cont. money for private return, matinee parking problems, and increased litter in the area. Patti Sullivan was recognized and spoke in favor of the project but is very concerned about the parking. Ms Sullivan stated that the parking lease agreement with Mr Sperry does not include matinee use at this time. Mr Friedman was recognized and stated that the Rose Theater will be using the same 2400 square feet originally occupied by the theater; the othE!r side of the building will be occupied by another business; he is, aware of the how the joint use parking works; the theater is primarily an evening use business; it is a 143 seat theater and should not impact parking downtown significantly. Phil Johnson, was recognized and stated the city will hold title to the building; the grants go to the City and that the grant money is what makes this project work as he could use the building for other uses and not need the grants; and the floor will be sloped which means that there will not be parking beneath the building. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. During discussion of the joint use parking agreement and matinee parking, Mr Friedman stated that the matinees he is considering would most likely occur September through May and not through the tourist season; there would be no more than 4 employees including himself at one time; and there does not have to be a loading zone in front of the theater. Councilmember Jones reported that the other half of the building housed a soda fountain when the theater was in operation. Councilmember Camfield made a motion that the Council adopt the following findings, conclusions and conditions and approve Condi tional Use Application 9010-03 which was second,ed by Councilmember Westerman and passed unanimously by voice vote. Findings: 1. The applicant proposes to establish a theater of 1740 square feet in an existing commercial building located at 229 Taylor Street in the C-III zoning district. Theaters are a conditional use in this zoning district. 2. The subject property is located on the west side of 'raylor Street, between Water and Washington Streets. The building is currently used as a real estate office, and as a second-hand store which is currently closed. The surrounding USE~S are primarily commercial, with extensive retail activity :in the immediate area. The building was constructed in the 1890's, and is listed on the National Register of Historic Places. No expansion of the building is proposed. The applicant proposes to reopen the Rose Theater, which has been closed since 1958. 3. The Historic Preservation Commission has dete:rmined preliminarily that the Rose Theater renovation design will contribute to the Port Townsend Historic District. 4. The basic parking requirement for a theater is 1 parking space per 4 seats. The proposed Auditorium would have fixed sl:!ating for 143 people, as such would require 36 parking spaces. 5. The building is located in both the Downtown Parking Dis~trict, and the National Historic District. In addition, the building has been indi vidually listed on the National Regist.er of Historic Places, and was identified as a secondary building on the map which accompanied the certification of the Port Townsend Historic District. Pursuant to sec. 17.30.200 <of the municipal code, identification as an historic building r ~duces the parking requirement to seventy percent of the total required, or 25 spaces. Auditorium (143 seats/ 1 space per 4) = 36 x .70 = Required parking for new use 36 space!; 11 spaces 25 spaces 127 128 MINUTES OF THE REGULAR SESSION OF JANU~RY 15,1991, Cont. 6. section 17.30.050 of the Municipal <::ode provides that the parking requirement of a new use can tIe reduced by the number of spaces required for the pre-existing use as if the pre- existing use had been established p~rsuant to the current code. The pre-existing use of the building was a retail store of 2400 square-feet. Retail use requires 1 parking space per 300 square-feet of floor space, or a t:>tal of 8 spaces for the building in question. The parking requirement would be computed as follows: Auditorium (see above) less pre-existing use requirement retail (2400/300 sq. ft.) Required parking for new use = 25 spaces 8 spaces 17 spaces 7. For uses located in buildings that were constructed prior to 17 August 1971 in the Downtown Parking District or the commercial zones within the National Historic District, the off-street parking requirement is reduced by ten parking spaces. For the Rose Theater , t~e reduction would be calculated as follows: Auditorium (see above) less 10 parking spaces (sec. 17.30.050 (E.)) Required parking for new use = 17 spaces 10 spaces 7 spaces 8. No off-street parking spaces are currently available on the subject property. The proposed use will not eliminate or restore anyon-street spaces. 9. The applicant has submitted a binding legal agreement that provides for the joint use of 7 parking spaces located at the Antique Mall, 802 Washington street, Port Townsend. The joint use parking site is located wi thin the Downtown Parking District, and as such meets the locat:ional criteria pursuant to sec. 17.30.140. Conclusions: 1. The proposed auditorium use of the suj~ject building would not endanger the public health or safety¡ and would not create a nuisance to the surrounding neighborhood. 2. The proposed use would be required to meet all the conditions and specifications set forth in the C-III zone in which the property is located, except for those legal, non-conforming conditions that were in existence prior to the enactment of the Port Townsend zoning code in 197:-0 The proposed use would not be injU]~ious or detrimental to adjoining or abutting property. 3. 4. While there are no similar uses occ~rring in the immediate area, the restoration of an historic use of the building, and the increased public amenity offered by this project would enhance the commercial district, and the community at large. Therefore, the location and characteJ:" of an auditorium would be in harmony with the area within ~lich it is located. Conditions: 1. The final design of exterior alterations, additions and/or signage will be subject to final review by the Historic Preservations Commission prior to issuance of the conditional use permit. I I I I I I MINUTES OF THE REGULAR SESSION OF JANUARY 15, 1991, Cont. 2. The availability of joint use parking spaces shall be indicated through prominently displayed window signage on or near the ticket window. The 7 parking spaces at the A,ntique Mall shall be individually designated by the following signage: 3. Rose Theater Parking (Evening Hours and Matinee Performances only) Matinee performances shall not be permitted unless and until the joint-use parking agreement is amended to provide for parking during established matinee hours. In addition, parking spaces that are allocated for matinee performances shall not reduce the total number of off-street spaces required by current code to serve the Antique Mall. UNFINISHED BUSINESS RESOLUTION NO 91-01 A RESOLUTION OF THE CITY COUNCIL OF PORT TOWNSEND, WASHINGTON, DECLARING THE INTENTION OF THE COUNCIL TO ORDER THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT FOR THE CONSTRUCTIONS AND INSTALLATION OF ADDITIONS AND BETTERMENTS TO CERTAIN STREETS WITHIN THE CITY WITHIN THE BOUNDARIES OF SAID PROPOSED LOCAL IMPROVEMENT DISTRICT; SETTING FORTH THE NATURE AND TERRITORIAL EXTENT OF SUCH PROPOSED IMPROVEMENTS; DESIGNATING THE NUMBER OF THE LOCAL IMPROVEMENT DISTRICT; DESCRIBING THE BOUNDARIES THEREOF; STATING THE ESTIMATED COST AND EXPENSE OF THE IMPROVEMENTS AND THE AMOUNT THEREOF PROPOSED TO BE BORNE BY THE PROPERTY WITHIN THE PROPOSED LOCAL IMPROVEMENT DISTRICT; AND FIXING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE FORMATION OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT; AND RESCINDING RESOLUTION 90-106. Councilmember Owsley made a motion that the Council adopt Resolution No 91-01 and set the hearing date for February 19,1991, which was seconded by councilmember Jones and passed unanimously by voice vote. 57th Street L.I.D. Ordinance. Mr Grove stated that action on this ordinance is not necessary at this time. RESOLUTION NO 91-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ADOPTING THE JEFFERSON COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. Mr Grove explained the resolution. After a brief discussion, Councilmember Clise made a motion that the Council adopt Resolution No 91-02 which was seconded by Councilmember Westerman and passed unanimously by voice vote. ORDINANCE NO 2225 AN ORDINANCE PERTAINING TO THE REGULATION OF AMBULANCE SERVICE WITHIN THE CITY OF PORT TOWNSEND BY AMENDING SECTION 2 OF ORDINANCE NO 2199 AND SECTION 1 OF ORDINANCE NOS 2203 AND 2213 PERTAINING TO THE EFFECTIVE DATE OF ORDINANCE NO 2199. 129 130 MINUTES OF THE REGULAR SESSION OF JANUARY 15, 1991, Cont. Mr Harper explained the ordinance. Mr Gro,re read the ordinance by title. Councilmember Kenna made a motion t:1at 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 Clise made a motion that the Council adopt Ordinance No 2225 which was seconded by Councilmember Jones and paf:sed unanimously by roll call vote. COMMITTEE REPORTS/STAFF REPORTS out of state Travel. Councilmember Camfield made a motion that the Council approve out of state travel for John Merchant, Chief Operator of our Wastewater ~reatment Plant, to attend training sessions at the Gorman Rupp Training Facility in Sparks, Nevada, January 17-19,1991, which will deal specifically with submersible pumps and self-priming pumps in a variety of station configurations which was seconded by Councilmember Jones and passed unanimously by voice vote. Parks/Property. Councilmember Owsley reported that the Committee met and heard reports on the damage to Chetzemoka Park and the efforts to clean it up and that clean up and restoring efforts are being organized. councilmember Owsley also reported that the Committee will study the parks comprehensive plan and hopefully have recommendations for Council in March. The Committee also discussed City Dock, the Jackson Bequest and options for the Marine Building on City Dock. councilmember Camfield set a meeting of the Committee for February 4, 1991, at 5:00 PM to discuss the Park Comprehensive Plan, the City Dock Building and the request by Mike Early Golf Shop, Inc. Street/Storm Drainage/Light. Councilmember Jones reported that the Committee had met and discussed the Washin<;;-ton Street plan for the future. Legislative/Environmental. . Councilmember Kenna reported that Harold DeJong has dropped his application for a setback variance. Councilmember Kenna made a motion that the Council issue a mitigated determination of nonsignificance~ for two housing units proposed by Joe Campbell in the Broadw,~y Addition which was seconded by Councilmember Jones and passed unanimously by voice vote. The mitigating measures follow: 1. A storm water drainage plan will be Hubmitted to the Public Works Director prior to issuance of él building permit. The plan shall detail how to detain and disperse storm water runoff so that concentrated water leélving the site does not exceed pre-development volumes. 2. Due to drainage considerations and a high water table, residences built on the subject property shall not include basements and first floor levels shall be at least 3.5 feet higher than finished grade. 3. If construction work occurs during the rainy season, emergency erosion control materials such as straw mulch, plastic, sandbags, or gravel shall be put in place if rain threatens to erode bare soil or cause sediment movl:!ment. Councilmember Kenna made a motion that the Council issue a mitigated determination of nonsignificar,ce for the lot line adjustment proposed by Richard Fisher uhich was seconded by I I I I I I MINUTES OF THE REGULAR SESSION OF JANUARY 15,1991, Cont. Councilmember Westerman and passed unanimously by voice votE!. mitigating measures follow: The 1. A storm water drainage plan will be submitted to the Public Works Director prior to street development. The plan shall detail the provision of adequate drainageways and a description of and specifications for surface runoff and erosion control devices. 2. The applicant shall provide and install a fire hydrant at the intersection of 8th and Sherman. 3. The applicant shall provide an eight inch water-feed loop, including appropriate valves, from Hancock along 7th, 8th and Sherman Streets. 4. The applicant shall obtain a street development permit to develop 7th, 8th and Sherman Streets. All streets shall be paved and meet the requirements of Street Standard Ordinance #2210, as well as the transportation plan criteria outlined in the ordinance. Councilmember Kenna made a motion that the Council issue a mitigated declaration of nonsignificance for Barbara Williams single-family development permit application which was seconded by Councilmember Camfield and passed unanimously by voice vote. The mitigating measure follows: 1. Prior to building permit approval, a drainage and erosion control plan shall be prepared by a registered soils engineer for approval by the Public Works Director. The report shall also describe retaining wall construction, grading and excavation practices, and foundation design. The plan shall show where to install subsurface drains for hillside drainage, drainage lines behind retaining walls, and drainage lines around the entire perimeter of the house. Both temporary (during construction) and permanent erosion control measures shall be given. provisions for long-term erosion control systems maintenance shall be provided. The plan shall include the following in writing or diagrams: 0 0 0 Location of proposed building Property lines Details of terrain, including present contours and proposed finished contours Soil loading/compressibility considerations Proposed drainage facilities including details of surface and subsurface drains Delineation of areas to be cleared Proposed construction Details of all erosion control measures Revegetation proposals Proposed construction schedule (including time of erosion control measures installation) 0 and slope stability 0 0 0 0 0 0 Councilmember Kenna set a meeting of the Committee for January 28, 1991, at 5:00 PM to discuss checklists for the Port Townsend Motel, Port of Port Townsend and a single family residence for Biddle. Port Townsend Lumber Yard. Mayor Shirley announced that the Port Townsend Lumber yard will be allowed to remain on Port property for another year. Affordable Housing. Councilmember Westerman reported that the Committee is continuing to meet weekly and presentations are! being prepared to address the issue which are forthcoming. A consultant 181 132 MINUTES OF THE REGULAR SESSION OF JANU~Y 15,1991, Cont. has been chosen to do the Housing Study which may not use as much funds as have been approved. Washington cities Insurance Authority Meeting. Mr Grove reported the City is going to be heavily impacted dtle to severe regulations concerning underground storage tanks; the Insurance Authority has an excess of $21 million on hand; the big~est problem facing all cities in the Authority is land use issue:;; and there has been a large claim for a poorly handled rescue by a fire department. Historic Preservation Meeting. Mr Grove reported on a meeting with the Historic Preservation commission on the Rose Theater and stated that there will be a lease presented to 1:he Council in the near future for consideration. Recopied Resolution No 88-23. Mr Grove stated that Resolution No 88-23 has been recopied to council for their information regarding the purchase of a vehicle which was authorized by the Mayor through this resolution. The last time this proceBS was used was when the copier in the Council Chambers was purchased. Computer Purchase. Mr Grove reported t,hat the purchase of a computer will not be dealt with tonight as :1ew information is under consideration. Progress Reports. Mr Hildt reported that t:tle Planning and Building Department is going to start a regular rnport to Council and at present there are 22 land applicationB and 7 environmental checklists being worked on. NEW BUSINESS RESOLUTION NO 91-0:, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE PORT TOWNSEND CIVIC TRUST. Councilmember Clise made a motion that the I~ouncil adopt Resolution No 91-03 which was seconded by Councilmember Jones and passed unanimously by voice vote. Resolution Authorizing Street License Agreement -Eldridge. Hildt announced that this is not ready at this time. Mr EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executi ve Session to discuss the acquisition of real estate and litigation including Keith Harper, David Grove, and Michael Hildt at 11:25 PM. The meeting was reconvened at 12:55 AM. NEW BUSINESS RESOLUTION NO 91-0l~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUtHORIZING ~~HE MAYOR AND CITY TREASURER OF THt CITY TO ENTER INTO AND CARRY OUT A PURCHASE" AGaEEMENT FOR PURCHASE OF CERTAIN REAL PROPERTY WITHIN THE CITY. Mr Harper explained the resolution. Councilmember Clise made a motion that the Council adopt Resoluti::m No 91-04 which was seconded by Coutlcilmember Westerman and pa::;sed unanimously by voice vote. I I I I I I MINUTES OF THE REGULAR SESSION OF JANUARY 15,1991, Cont. RECESS The meeting was recessed until 6: 30 PM on January 22, 1991, at 12:58 AM. MINUTES OF THE REGULAR SESSION OF JANUARY 15,1991, CONTINUED The city Council of the city of Port Townsend met in continued session this Twenty-second day of January, 1991, at 6:30 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. Announcement: Mayor Shirley announced that a planned evl3nt to honor Spanish visitors to the City on January 26, 1991, has been shortened to a brief visit due to a change in their schedule. Approval of Bills and Claims: Councilmember Owsley made a motion that the Council approve the following bill which was seconded by Councilmember Camfield and passed unanimously by voice vote. Equipment Rental $ 7,977.20 UNFINISHED BUSINESS, Month to Month Lease. Mr Harper reported that the owners of the land on San Juan Avenue which the city is purchasing would like to have a month to month lease to keep two horses on the property until the City has use for it. It was the consensus of the Council that this would be appropriate. street License Agreement with Eldridge Homes. the following resolution. Mr Harper explained RESOLUTION NO 91-05 A RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR USE OF CITY RIGHT-OF-WAY Councilmember Westerman made a motion that the Council adopt Resolution No 91-05 which was seconded by Councilmember Clise. During discussion, the motion was amended to add "as approved by the Planning Director and city Attorney". After discussion, the motion passed unanimously by voice vote. Union Wharf Lease Discussion. Mayor Shirley announced that the council and staff have not had sufficient time to address questions that have come up. Wally Trace was recognized, presented a model of the Union Wharf project and answered questions pertaining to it. Mayor Shirley stated that he does not know when this will come back before Council again. He expects two situations: There may be specific questions from Council to persons in the audience; and he will ask for any new information prior to any action by the Council. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session to discuss pending litigation including Keith Harper, David Grove, and Michael Hildt at 7:23 PM. The meeting was reconvened at 8:56 PM. 133 134 MINUTES OF THE REGULAR SESSION OF JANUARY 15, 1991, Cont. Union Wharf Model. Mayor Shirley suggef.ted that the model be placed in his office in City Hall for public viewing. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 8:57 PM. éB:t) Atte~ ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF FEBRUARY 5, 1991 The city Council of the city of Port Townsend met in regular session this Fifth day of February, 1991, s,t 6: 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-Trea::;urer David Grove, City Attorney Keith Harper, Director of planning and Building Michael Hildt, Planner Dave Robison and Public Works Director Robert Wheeler. PUBLIC COMMENTS Sharon Barrea, representing the John Henry Doll Estate, was recognized and requested permission to open Albatross Street and to extend the burning time for the 40-acre forest land held in the Doll Estate at the western end of Port Townsend on the bluff. The on-site logging manager, Harry Thayer waE, introduced and briefed Council on the plans for the property. ~[r Wheeler stated that a street development permit is needed to be able to use the street and recommended that it can be dealt with at the Street Committee meeting. Councilmember Kenna made a Hlotion that the Street Commi ttee be authorized to make a decision at their meeting on February 12,1991, which was seconded by Councilmember Jones and passed unanimously by voice vote. councilmember Jones confirmed that the street/Storm Drainage/Light Cornm,i ttee will be meeting at 5: 00 PM on February 12, 1991, and will ta]ce up this issue. After discussion of the extension to the burning time, Councilmember Camfield made a motion to amend the Determination of Non- Significance and extend the burning time until the end of March; that the burning be monitored by the Public Works Director; and if more time is needed, it will be reviewed by Council at that time which was seconded by Councilmember Kenna élTId passed unanimously by voice vote. Kathryn Jenks was recognized and addressed the issue of the landscaping plans for Townsend Meadows and requested a on-site inspection of the standing water at the present time. Ms Jenks also requested the consideration of a fence around the wetlands area while the habitat buffer is growing. Greg Bennett questioned if anything other 1:han the landscaping plan for Townsend Meadows was going to be dÍl:.cussed under Unfinished Business. Mayor Shirley responded that the landscaping plan is - I I