HomeMy WebLinkAbout03/19/1991
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MINUTES OF THE REGULAR SESSION OF MARCH 5, Cont.
RECESS
Mayor Shirley recessed the meeting until March 14, 1991, at ~>: 00 PM
at 6:50 PM.
ADJOURNMENT
There being no further business, Mayor Shirley declared the meeting
adjourned on March 14, 1991.
Attest:
;!J~
Clerk-Treasurer
MINUTES OF THE REGULAR SESSION OF MARCH 19, 1991
The City Council of the City of Port Townsend met in regular
session this Nineteenth day of March, 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, Director of Planning and Building Michael
Hildt and Public Works Director Robert Wheeler.
PUBLIC COMMENTS
Rocky Friedman was recognized and questioned if he should speak at
this time about the Rose Theater or if he would be allowed to speak
later on the Agenda. Mayor Shirley responded that the Rose 'I'heater
Acquisition will be addressed later and that he should speak at
that time.
CONSENT AGENDA
Councilmember Jones made a motion to approve the following it.ems on
the Consent Agenda which was seconded by Councilmember Owsley and
passed unanimously by voice vote.
Approval of the following Bills and Claims:
Current Expense
Street
Library
Park
Emergency Medical Services
Community Development Block
Water-Sewer
Storm and Surface Water
Equipment Rental
Firemen's Pension and Relief
Total
$ 40,200.97
4,631.70
74.06
625.33
10,925.76
4,991.00
39,299.16
42,744.10
12,369.55
185.00
$156,046.63
Grant
Setting Hearings:
Rezone Application 9011-03 and Conditional Use Permit Application
No 91-3-02 -City of Port Townsend for April 2, 1991. Shoreline
Substantial Development Permit Application No 9103-02 -City of Port
Townsend will also be considered for this project at this mE~eting.
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MINUTES OF THE REGULAR SESSION OF MARCH 19, Cont.
Approval of Re-Appointment:
Lowell Bogart to the Shoreline Advisory Committee to expire 3-1-94.
communicatiöns:
A letter dated February 25, 1991, from Melanie Bozak, President and
Festival Chair, Rhododendron Festival Association, requesting an
increase in the 1991 Budget allocation was copied for Council and
referred to the Finance Committee.
A Final Report dated March 5, 1991, from the Affordable Housing
Committee was copied for Council.
A memorandum dated March 5, 1991, from Mélrianne Walters, County
Clerk and Chair of County Law and Justice Committee, including a
Forum Agenda for a presentation on "Changes in Felony Jail
Populations" was copied for Council. '
A request dated March 5, 1991, from DenniB and Paulette O'Rourke
for an extension to Conditonal Use Permit 9002-01 for operation of
a Bed and Breakfast Inn at 411 Filmore Street was copied for
Council and referred to the Legislative/En'~ironmental Committee.
A lawsuit dated March 6, 1991, from Charles and Donna C Enfield
related to the application of Robert Little for a rezone of certain
property from R-IA and C-II to M-I was copied for Council and
referred to the city Attorney.
A letter dated March 7, 1991, from Evan Jones and Jim Hargrove,
state Representatives, and Paul H Connor, State Senator, to Jan
Tveten, Director, Parks and Recreation commission, concerning
principles and policies relative to the Fort Worden Management
Action Plan approved December 7,1990, and the Fort Worden Master
Facility Use Plan subject to review March :3, 1991, was copied for
Council.
A letter dated March 8, 1991, from Dave Robison, Planner, City of
Port Townsend, to Lee Wilburn, President, Vantage Homes, Inc,
stating concerns about probable significant adverse impacts for the
proposed Parkview Plat was copied for Council.
A letter dated March 13, 1991, from Mrs Kathleen Jackson to the
Port Townsend Leader requesting the purchase of flags and signs
which display thank you and welcome home 'to those who served in
Operation Desert storm was copied for Council and referred to the
Community Services Committee.
An Environmental Checklist copied for Council on March 14, 1991,
for the City of Port Townsend about the Gateway Development Plan
was referred to the Legislati ve/Environmen1:al Committee.
A Memorandum dated March 15, 1991, froI1 Etta Roth regarding
Townsend Meadows was copied for Council and referred to Unfinished
Business later on the agenda.
A letter dated March 15, 1991, from Gordo~ L Meling, President,
Superior Refuse Removal, Inc, stating that current problems with
the recycling program will be resolved by the end of April and
enclosing a bill for reimbursement for recycling bags and rubber
bands was copied for Counc~l and re~erred to the community Services
Committee. \, ' " r' ,
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A memorandum dated March 15,1991, from the Board of Director, Port
Townsend Main Street Project supporting several provisions of the
Sign Code Update (fifth draft) was copied for Council and referred
to the Public Hearing later on the agenda.
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MINUTES OF THE REGULAR SESSION OF MARCH 19, Ccmt.
This concludes the Consent Agenda.
PUBLIC HEARINGS
Variance Application No 9011-06 -Maxwell. Mr Hildt revie\\red the
recommendations of the Planning Commission to approve this véJœiance
for a front porch to the home at 514 Van Buren under certain
conditions. Mayor Shirley opened the hearing to the Public. There
being no testimony, Mayor Shirley closed the hearing to the Public
and turned to the Council for disposition. Councilmember Clise
made a motion that the Council adopt the following findings,
conclusions and condition and approve Variance Application No 9011-
06 which was seconded by Councilmember Jones and passed unanimously
by voice vote.
Findings:
1.
The applicants proposed to construct a front porch addi t:ion to
their home at 515 Van Buren Street. The subject property is
located on the west side of Van Buren Street, between Franklin
and Clay Streets. The surrounding neighborhood has been
designated as an R-I zoning district, and is residential in
character.
2.
The current front setback of the dwelling from the street
right-of-way is 22 feet. In the R-I zoning distriGt the
minimum front setback is 20 feet. The applicant proposes to
construct the addition so that the front setback of the
building would be 16 feet. As this is less than the required
20 foot front setback, a variance is required.
3.
The houses which are located on both sides of the subject
property have porches setback 16 feet from the street right-
of-way. The proposed porch would have an identical setback
from the street right-of-way, and be of a similar design to
that of the neighboring homes (see attached site plan). The
proposed porch would extend streetward six feet from the
existing structure.
4.
The applicants state that the addition of a front porch will
improve the appearance of the house, and make it
archi tecturally more consistent with the houses which are
located on the abutting properties. In addition, the
applicants believe that a front porch similar to that which is
proposed existed at one time.
Conclusions:
1.
The proposed variance would not amount to a rezone~,
constitute a change in the district boundaries.
nor
2.
Special. conditions and circumstances exist which are pec:uliar
to the land that are not applicable to other lands in the same
district. A literal interpretation of the provisions of title
17 would deprive the property owner of rights commonly enjoyed
by other properties similarly situated in the district.
The surrounding district is not in general compliance with the
front setback standard of twenty feet. Many of the buildings
have less than tþe currently required front setback. A::; non-
standard front setbacks are the norm, not the exception, the
variance would not, if granted, conf 3r a special privil~9ge to
the subject property that is denied j:o oth¡er lands in tbe same
district.
3.
4.
The granting of the variance wj,.l¡ l1Qt be detrimental 1:0 the
public welfare and injurious tq y.oe proPl~rty or improv'9ments
in the vicinity. /
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MINUTES OF THE REGULAR SESSION OF MARCH 19, Cont.
5.
The variance, if granted, would not be inconsistent with the
zoning code purpose set forth in section 17.04.020 of the Port
Townsend Municipal Code.
6.
The reasons set forth in the above--referenced application
justify granting the variance. The va:ciance is needed to make
reasonable use of the land.
7.
The granting of this'variance would be in harmony with the
general purpose and intent of Title :_7 (zoning) of the Port
Townsend Municipal Code.
In consideration of the aforementioned findings and conclusions,
the City Council finds that the above-referenced application be
granted as conditioned:
1.
The proposed porch shall not be fully enclosed, with no less
than 40% of each new exterior wall frE!e from posts, railings,
balustrades, windows or exterior sheathing.
Sign Code Update. Mr Hildt reviewed the recommendations of the
Planning Commission for revision to the sign code ordinance.
Mayor Shirley opened the hearing to the Pul>lic. He noted that the
council also received a memorandum datec, March 15, 1991 which
suggests a number of changes. Ken Webb was recognized and
expressed concern that the proposed chan;Je would eliminate his
ability to use a sandwich board sign which ,~ccording to a survey of
his customers, attracts thirty percent of his business. He
explained that they do not own a storefront~ downtown and requested
that there be some consideration for unique businesses like his.
Bob Harper was recognized and explained that the Townsite
Professional Center sign would need to be replaced by a monument
sign under this proposal. He objected because it would then
eliminate a parking space which is already in short supply. He
explained that fuel price signs are commercially made at a standard
of eighteen square feet. The new code crea'tes a maximum of sixteen
square feet and a height of six feet. If the overall height were
increased by two feet, then the signs could be stacked. He
requested that this section be revised to agree with the industry
standard. He expressed concern for the siqns which are painted on
vehicles. Steve Hayden was recognized ani expressed concern for
the increase in size of real estate signs allowed in residential
areas. Bob Sokol was recognized and expressed support for the
sandwich board signs indicating they are a part of the history of
Port Townsend and expected by the tourist:;. He pointed out that
there are many other obstacles on the sidewalks besides the present
sandwich boards. He suggested regulations could be instituted to
mitigate the objections. David Hero was recognized and spoke in
favor of sandwich board signs because businesses off Water Street
need the exposure. There being no further 1:estimony, Mayor Shirley
closed the hearing to the Public and turned to the Council for
disposition. Mr. Hildt reported that 1:he council received a
recommendation from the Mainstreet Project dated March 15,1991 on
this issue.
During discussion which ensued, Mr. Robert Harper was again
recognized to clarify his testimony on gas signs which he did. It
was indicated that there should be some kind of exemption on the
size of lettering on gasoline pumps. Other issues discussed
included signs on vehicles, multiple busir.,ess complexes, limiting
the size of lettering in internally lit signs" shielding flood
lights and grandfathering. Further discusBibn ensued during which
sandwich board signs were discussed at, length. Ms. Webb was
recognized from the audience and indicated that there is insurance
available for sandwich board signs and she ~as purchased it. Cindy
Wolpin was recognized and reported on t,he survey she took of
sandwich board signs which showed a concentration of signs near the
intersection of Water and Taylor Streets. ~s the distance on Water
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MINUTES OF THE REGULAR SESSION OF MARCH 19, Cont.
Street from that intersection increases, the number of sandwich
board signs decreases. After further discussion, Councilmember
Kenna made a motion to continue this discussion to the rl3gular
meeting on April 16, 1991 which was seconded by Councilmember Jones
and passed unanimously by voice vote.
RECESS
Mayor Shirley declared a Recess at 8: 45 PM. The meeting was
reconvened at 8:52 PM. Councilmember Camfield was excused during
the recess.
UNFINISHED BUSINESS
Rose Theater Acquisition. Robert Friedman was recognizE~d and
reviewed the progress to date on the proposed restoration of the
Rose Theater, what has been done to provide for parkinÇJ, the
requirements for free public access, and reassured the council of
his continued interest in completing the project. Councilmember
Westerman reported that President Bush has included in his budget
at the federal level funds to continue support for historic
preservation. She requested that the council embrace a policy of
support for more local use businesses in the downtown core area.
Mr. Harper asked for input from the city council on the length of
a term for the lease of the building. Councilmember Westerman
requested that the council receive a proposal from the proponent.
Councilmember Owsley suggested that the proposal be discussed at
the next Finance Committee meeting scheduled for March 26th Slt 5: 00
PM. Phil Johnson was recognized from the audience and indicated
that there is no real time pressure now to complete the lease
agreement because the seller is being patient. After a brief
discussion, it was a consensus of the council that the F'inance
Committee should review the agreement at their next meeting and
offer any input so that the entire council can review the dc'cument
on April 2nd with the intent to take action on April 16th.
Waste Water Treatment Lawsuit Settlement. Mr. Wheeler rEiported
that an agreement has been worked out which will dismiss t,he law
suit. He explained that it meets the goals of the city while
satisfying the concerns of the neighbors. Further negotiat:ion is
pending with the Department of Ecology to establish a revised
schedule for construction. Another limited value engineerinq study
may be appropriate to evaluate the changes.
RESOLUTION NO. 91-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORT TOWNSEND AUTHORIZING THE MAYOR TO
COMPLETE AN AGREEMENT.
Councilmember Owsley made a motion that the council adopt
Resolution No. 91-23 which was seconded by Councilmember Jones and
passed unanimously by voice vote.
Townsend Meadows. Mr. Harper reported that he and Michael Hildt
have met with Mark Johnson and have determined that the storm water
drainage system will need to be revised to deal with the faGt that
there is no drainage pipe out of that area. A definition of the
senior retirement community is being prepared so that will no
longer be a problem. Mr. Harper indicated that it will be
appropriate for it to go back to the Planning Commission to look at
the changes to simply approve it to be fo¡lowed with an amEmdment
to the planned unit development agreement ~y the City Councilor if
they found it to b~ a sl,lbsté;t.nJ.;i,Æfl change from what was pJ::'oposed
before, the Plannipg commiss;iç~ pould, have a public hearinq on it
with appropriate recommendationø after tha,.
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MINUTES OF THE REGULAR SESSION OF MARCB 19, Cont.
Union Wharf. Councilmember McCulloch explained that she asked for
this to be put on the agenda so that the council might consider
writing a letter to the developer listing 1:he areas of concern and
areas needing resolution. She expressed ::;ome concerns about the
attachments to the resolution adopted a1: the previous meeting
noting errors of reference. She explained that the same agencies
who received a copy of the resolution shoulj also receive a copy of
the letter. After a brief discussion during which support was
expressed for issuing a letter, Councilmembl~r McCulloch volunteered
to draft the letter with some staff assista,rlce. When she asked Mr.
Hildt if he could help, he reminded the council that further action
had been put on hold until the legal concerns about the authority
of the lease have been resolved to the city council's satisfaction.
Mayor Shirley declared that the letter would be prepared.
COMMITTEE REPORTS/STAFF REPORTS
Parks and Property. Councilmember Owsley reported that the
commi ttee discussed concerns with David Hel'o about young people on
the streets in Port Townsend, but no solutions to the problems were
identified. She indicated the committee is going to meet with
representative from the golf club. She reported that the committee
is recommending adoption of the Parks Comprehensive Plan coming up
later on the agenda.
Street/Storm Drainage/Light. Councilmember Jones reported that the
committee discussed Parkview and asked Mr. Wheeler to report on
their findings. Mr. Wheeler explained thélt a resolution will be
forthcoming defining points of access to this subdivision.
Councilmember Jones reported that work haE not begun on the Dahl
property, Mr. Bergstrom has trimmed his hedge, but there are still
concerns in the neighborhood about the view, Two walnut trees were
removed from the intersection of Lawrence ,:md Walker. The Poplar
trees at the corner of Elm and "F" are also causing a problem.
Mr. Wheeler was asked to report on the new trenching laws which he
did. He explained that they are a lot more restrictive than in the
past and the street cuts will be larger as a result. He indicated
that a landscaping plan approved by the city council for John Foley
has created some safety concerns. He indicated that the council
will receive a request to approve a change to the landscaping plan
to allow the trees to be moved back. Mr. Hildt suggested that the
council make a motion allowing staff to modify the landscaping plan
to assure sight visibility for traffic. Councilmember Westerman
made a motion to that effect which was seconded by Councilmember
McCulloch and passed unanimously by voice 'Tote.
Legislative/Environmental. Councilmember I<enna made a motion that
the council issue a declaration of non-significance for the Gateway
Project which was seconded by Councilmember Jones and passed
unanimously by voice vote.
Communi ty Services. Councilmember Weste!'man reported that the
council has received a final report from the Affordable Housing
Commi ttee. She indicated that the subc:ommi ttees are meeting
weekly. She reported that the committee would like to continue to
offer the services previously offered b:r Bayshore to collect
recycling until the new bins are delivered c,nd the every other week
pickup starts. Meetings with Gary Olels of Superior are still
occurring to resolve communication problems. Mayor Shirley
reported in response to Mr. Meling's lett(~r that he has offered
$1,200 per month reimbursement for commerci,:il recycling collection
services plus the cost of the bags and rutber bands from January
1991 to date. Councilmember Westerman made a motion that the
council approve this offer which was seconded by Councilmember
Jones and passed unanimously by voice vote,
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MINUTES OF THE REGULAR SESSION OF MARCH 19, Ccmt.
Legislative/Environmental. Councilmember Kenna made a motion that
the council extend the conditional use permit for Dennis and
Paulett O'Rorke at 411 Fillmore Street for one year which was
seconded by Councilmember McCulloch and passed unanimously by voice
vote. Councilmember Kenna reported that he received a lettE!r back
from the Washington state Parks indicating they are willing to
complete a non-project SEPA analysis he requested at Fort Worden
provided they're budget is funded. Mayor Shirley reported on a
meeting he attended with representatives from Washington State
Parks addressing concerns about the classification of Chinese
Gardens.
RESOLUTION NO 91-24
A RESOLUTION AUTHORIZING THE CITY OF PORT
TOWNSEND TO ENTER INTO AMENDMENT NO.4 TO AN
EARLIER AGREEMENT FOR PROFESSIONAL SERVICES
WITH CH2M HILL.
Mr. Wheeler explained these contract provisions for engineering
services on the design of the storm drainage facilities.
RESOLUTION NO 91-25
A RESOLUTION AUTHORIZING THE CITY OF PORT
TOWNSEND TO ENTER INTO A SUPPLEMENTAL
AGREEMENT TO AN EARLIER ENGINEERING AGREEMENT
WITH CH2M HILL.
Mr Wheeler explained that this supplemental is for additional work
on the Water Comprehensive Plan.
Councilmember McCulloch made a motion that the Council Adopt
Resolutions No 91-24 and 91-25 which was seconded by Councilmember
Westerman and passed unanimously by voice vote.
Impact Fee/Rate Study. Mr. Wheeler reported that the collect:ion of
data is continuing for the impact fee and rate study. He indicated
the advisory committee met a week ago and explained that we have a
long way to go before any final conclusions will be reached.
Chetzemoka Benefit Fundraiser. Mr. Wheeler reported that the
volunteer effort during the last weekend generated over $9,000
towards the restoration effort for Chetzemoka Park.
Ci ty Dock Replacement. Mr. Wheeler reported that the steering
commi ttee is meeting to review proposals for the replacemlent of
city Dock and will be discussing it with the city council Finance
Committee.
Brushing Policy. Mr. Wheeler reported that a meeting will be held
on April 6th of interested parties to discuss the conten1: of a
brushing policy for along city rights-of-way.
Gateway Development Plan. Mr. Hildt reported that the Planning
Commission met to review the Gateway Development Plan and explained
some of the concerns. Because their work on this is takin.g more
time than originally anticipated, he asked that the City Council
postpone their hearing because this project is too important to
rush. Mr. Hildt explained that the Planning Commission is looking
at returning to one business meeting per month which will slow
development project, but give them an opportunity to do more
planning. A discussion ensued on code revisions which would
eliminate repetitive applications which are always disposed of in
the same way.
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MINUTES OF THE REGULAR SESSION OF MARCH 19, Cont.
NEW BUSINESS
Parks Comprehensive Plan.
RESOLUTION NO 91-26
A RESOLUTION OF THE CITY COUNCr::. OF THE CITY
OF PORT TOWNSEND ADOPTING COMPREHENSIVE PARKS
AND RECREATION PLAN.
Mr. Wheeler explained that a lot of hard ', ork has gone into this
document from a number of people. Scott Wéllker was recognized and
indicated he would be available to answer questions. He explained
what action the Park Board would take if the plan is adopted to
develop trails. After a brief discussion, Councilmember McCulloch
made a motion that the Council adopt Resolution No 91-26 which was
seconded by Councilmember Owsley and passl3d unanimously by voice
vote.
COUNCILMEMBERS GENERAL DISCUSSION
Park Board Vacancy. Mr. Walker was recogr,ized and requested that
the vacancies in the Park Board be filled. After a brief
discussion, Mayor Shirley indicated tha't: he would review the
applications he has received. CouncilmembHr Owsley explained that
the normal procedure is for the Mayor t,:> advertise that he is
seeking interested parties.
ADJOURNMENT
There being no further business, Mayor Shirley declared the meeting
adjourned at 10:33 PM.
6?d:=J
Attest:
M~
~~gr~~frREGULAR SESSION OF' APRIL 2, 1991
The city Council of the city of Port Townsend met in regular
session this Second day of April 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, JohnClise,
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 and Public Works Director Robert WhE!eler.
PUBLIC COMMENTS
Dan Van Slyke, General Manager, Paradise Bay Sea Farms was
recognized and questioned if the extensi on of their shorelines
permit will be discussed tonight. Mayor Shirley responded that the
request will be discussed under New Business later on the agenda.
Monica Mick-Hager was recognized and spoke of her concerns about
the Economic Development Agreement, specifically sections 1A and IB
stating that it is too general and not spncific.
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