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HomeMy WebLinkAbout08/06/1991 260 MINUTES OF THE REGULAR SESSION OF AUGUST 6,1991 The City Council of the City of Port T:>wnsend met in regular session this sixth day of August, 1991, at 7:00 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, and Sheila Westerman. Councilmember Norma Owsley was excused because of attendance at the Rocky Mountain Program. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper, Director of Planning and Building Michael Hildt, and Public Works [Iirector Robert Wheeler. PRIORITY ITEMS Powerline Reconstruction by puget Power. Byron Swigart, Manager for puget Power in Eastern Jefferson County, was recognized and explained their plans to reconstruct the powerline from the airport into Port Townsend to reduce power outages because of growth and problems occurring during last winter's storms. He introduced John Klontz, engineering manager for the projec":, Judy Sleasman, right- of-way and real estate agent, Steve Hallmë,rk, corporate Forester, Melvin Walters, from the environmental sciences department. Mr. Swigart displayed a number of maps showinç' the intended route for the lines and described the location in rE!lation to landmarks and pavement in the area. A discussion ensued :Detween the city Council and the representatives from puget Power (In surge protection, low level electro-magnetic fields, easem'~nts, and vegetation management. Katherine Jenks was recognized and asked for an explanation of the clearance needs. It '\7as explained that they need approximately 25 feet to operate in. Vegetation management deals with the distance from the conductors based on the voltage in the line and the location of trees. A few years ago better than 50 percent of the power outages were caused by trees falling on the lines. Now it is less than 30 percent. I': was indicated that the use of herbicides is a part of their management plan, but not in Jefferson County. This work is only done after easements have been obtained or permission granted to prune trees not within the right- of-way. Marie Shirley was recognized and asked why these transmission lines be placed underground. It was explained that putting lines underground in not a panacea and must be put in an oil filled cable, a very expensive syst:em. Cindy walpin was recognized and asked what action puget Power takes if a property owner does not want to grant them an easement. Ms. Sleasman explained that there are many property owners who do not want to grant them an easement, and they are considering the option of replacing the line within existing street rights-of-way. The safety factor will still need to be addrl3ssed with the property owners who abut these rights-of-way as it pertains to vegetation management. Katherine Jenks was again recognized and explained that last year puget Power did use herbicides. It was explained that the use of herbicides in Jefferson County will be evaluated along with other alternatives in the future and they have not been counted out forever. Mr. Wheeler asked wh'3re they plan to go from here. It was explained that they will be, preparing construction plans for the proposed route, and baring any difficulties which can not be resolved, obtain additional easements if needed, then begin construction in the fall before the de:nand increases for the winter. Adoption of a Solid Waste Master Plan. RESOLUTION NO. 91-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ADOPTING THE JEFFERSON COUNTY COMPREHENSIVE SOLID WASTE ~rAGEMENT PLAN UPDATE I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont~) Mr. Jeff Frettingham from the Jefferson County Engineer's Office was recognized and explained that the County Commissioners have now adopted the plan and requested that the city do the samE~. He explained that it has been endorsed by the Solid Waste Advisory Commi ttee . He explained some of the issues which delayed adoption by the County Commissioners. Councilmember Clise made a motion that the council adopt Resolution No. 91-63 which was seconded by Councilmember Westerman and passed unanimously by voice vot.e. Introduction of New Librarian. Mayor Shirley introduced Cheryl Silverblat as the new librarian for the Port Townsend Public Library. She expressed her appreciation for the welcome and indicated that she looks forward to working for the citizens of Port Townsend. PUBLIC COMMENTS Scott Walker was recognized and thanked Public Works for the new stop sign at the corner of "F" and Cherry. He spoke against the proposed ordinance to increase the mandatory sewer connection range to 250 feet and suggested that more research be made into the need for the change. Robert Boice was recognized and spoke against the proposed ordinance removing the Police Chief from civil service becallse the testing process will produce the best candidates and the need for some independence from the political process. David Hero was recognized and reported that over 1,000 people have participated in the farmers market with many favorable coß~ents. He expressed concern for the ordinance recently passed which limits the size of lettering on signs explaining that many signs in Port Townsend are illegal including the Welcome to Port Townsend sign at the entrance to town and the library sign. He also indicate!d that he was disappointed that there is no provision to continue t~he use of sandwich board signs. Councilmember Westerman admitted that she was wrong to push for the 12 inch limit on the size of lettering on signs and made a motion that the council reconsider it which was seconded by Councilmember Kenna. Mr Hildt explained that the new code has solved many problems and indicated that the letter 1:lÌze of signs already in existence was not evaluated. He indicated that his department would work with the Planning Commission to expedite the process before any notices are sent out. The motion passed unanimously by voice vote. Councilmember Clise explained t,hat he feels the same way about sandwich board signs and made a motion that the council reconsider the ban on them allowing 30 days for additional public input to identify a workable solution which was seconded by Councilmember McCulloch. Councilmember McCulloch emphasized the fact that additional citizen input will be nee!ded if a solution is to be found. Councilmember Camfield reminded the council that there are many issues to be addressed. The motion passed unanimously by voice vote. Robert Sokol was recognized and expressed concern about the exemption of the reader board sign for the Chamber of Comme~rce. Mr. Hildt explained that the exemption was made more general based upon advice from the City Attorney. CONSENT AGENDA Councilmember Jones made a motion to approve the following it:ems on the Consent Agenda which was seconded by Councilmember Camfie!ld and passed unanimously by voice vote. Approval reading. of the minutes 1991 as written vdthout for July 2, 261 262 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont) Approval of the following Bills and Claims: ,1 I ¡ , Current Expense Street Library Park Emergency Medical Water-Sewer Storm and Surface Equipment Rental Firemen's Pension TOTAL $48,166.72 13,912.88 4,710.78 1,400.76 502.16 68,694.90 120.77 6,195.09 1.120.68 $144,824.74 Services Water and Relief ;~ \ , \, ¡'" ~ 'I y. r ' ' Setting Hearings: variance App 9102-05 - Robert McDole for August 20, 1991 Variance App 9104-01 - Michael Kelly for August 20, 1991 Conditional Use Permit App 9103-02 - Clipper Navigation for August 20,1991 Communications: I ,c' ;,( , The Council received a letter dated July L6, 1991 if' from Jennifer Kettle requesting relief from the monthly collection charge for sewer service to her home in the uptown are a. This was referred to the Water-Sewer Committee. A letter dated July 16, 1991, from Home:::- Smith III to Timothy witten was copied for the council quoting a premium of $2,191.22 for liability insurance coverage of a bicycle program. A letter from John and Lynore McGinn da'ted July 17, 1991, was copied for the Council expressing objection to the forced retirement of Skip Boice. J, The Council received a letter dated July 17, 1991, from Roger O'Connor requesting use of the parking lot at the corner of Monroe and Jefferson as an assembly point for a si~htseeing tour bus he is presently operating. This was referred to the Street/Storm Drainage/Light Committee. A letter dated July 18, 1991, from Stan Cupp, Plant Engineer for Port Townsend Paper corporation, to Kathle.m Snow, District Ranger for the Quilcene Ranger District was copied for the Council expressing concern for the potential water pollution which could be caused by their proposed timber sale. The Council received a letter dated July 19, 1991, from Scott Walker opposing the proposed ordinance reç;uiring any construction within 250 feet of the sewer to connect. This was referred to unfinished business. A letter dated July 22, 1991, from Jule Klotter to editor of the Port Townsend Leader complaining about the jifficulty of qualifying a house for FHA financing. The Council received a letter on July 26, 1991, from Kent Taylor expressing support for the continuing empl,:>yment of Skip Boice and Robert Hinton in the Police Department. This concludes the consent agenda. PUBLIC HEARINGS Variance Application No. 9102-03 - Force. Ms. Darlene Bloomfield, Assistant Planner, described the proposal and reviewed the findings and conclusions from the Planning Commissi,)n recommending approval of the request. Mayor Shirley opened the )learing to the audience. Mr. Robert Force, the applicant was recognized and spoke in favor I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 6,1991 (Cont) of his request explaining how the construction occurred without the appropriate permits. There be no further testimony, Mayor Shirley closed the hearing to the audience and turned the application over to the council for disposition. Councilmember Kenna made a motion that the council adopt the following findings and conclusions and approve the variance request which was seconded by Councilmember Westerman and passed unanimously by voice vote: Findings of Fact 1. In 1984, the applicant constructed an addition to a legal, non-conforming, attached-garage at 1228 Blaine Street. Because construction commenced without application for a building permit, required side yard setbacks (17.20.010 PTMC) were not reviewed by staff and the addition was built with a zero setback to the eastern property line. The setback violation was brought to the attention of the Building Inspector during an enforcement matter on a neighboring property. 2. The legal, nonconforming garage was built with a zero setback to the eastern property line and is approximately four feet from the neighboring house to the east. The 8-foot addition 1tO the garage created an area of 40 square feet which increases the degree of non-conformity in respect to setbacks but does not violate the separation requirements. 3. The subject property is located on the western one-half of Tax Lot 75 in the R-I zoning district. The subject lot is 38 feE!t wide and 118 feet long. The total lot area is 4,484 square feet. The existing lot coverage including the existing non-conforming garage addition totals approximately 1,302 square feet for a total lot coverage of roughly 29 percent. 4. The subject property is surrounded by single family houses to the east, west, north and across Blaine Street to the south.. The neighborhood has many out buildings which were situated w"ithout regard to setbacks as set forth in the Port Townsend Municipal Code. 5. The applicant states the realignment of the garage roof and the addition helped to preserve light and air in the neighborhood by allowing more sunlight onto the property to the east. The applicant also states that the garage addition is in keeping with the historic nature of the neighborhood, visually and aesthetically. Conclusions 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. 2. Because of the restrictive width of the lot, and due to the proximi ty of the original garage to the property lines and the existence of similarly situated garages in the neighborhood a Ii teral interpretation of the provisions of the Port Townsend Municipal Code would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). 3. Many outbuildings in the surrounding area have nonconforming setbacks. Therefore, the variance would not, if granted, confer a special privilege to the subject property that is denied to. other lands in the same district. 4. The granting of the variance would not be detrimental to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. 263 264 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont) 5. The reasons set forth in the above-referenced application justify the granting of the variance, and the variance is the minimum variance that will make possible tJle reasonable use of the land. Conditional Use Permit Application No. 9J.04-07 - Reynolds. Ms. Bloomfield described the proposal and re'TÍewed the findings and conclusions from the Planning commission I'ecommending approval of the request. She explained that this is virtually the same as the council approved in 1989 which expired for non-use. Mayor Shirley opened the hearing to the audience. Jo Reynolds was recognized and spoke in favor of their application explaining that it took longer than they expected to prepare the home to serve as a bed and breakfast inn. There being no further testimony, Mayor Shirley closed the hearing to the audience and turned the application over to the council for disposition. Councilmember McCulloch made a motion to adopt the following findings and conclusions and approve the application under the following condi t~ions which was seconded by Councilmember Camfield and passed unanimously by voice vote: Findings of Fact 1. The applicant proposes to establis:tl a four-room bed and breakfast inn in an existing single-family dwelling at 1310 Clay Street. The property is located in the R-'III zoning district. 2. The applicant applied for a co::tdi tional use permi t, application 8907-02, in July of 1989. On September 19,1989, the City Council granted the permit with certa.Ln conditions. Pursuant to these conditions and section 17.64.070 of the Port Townsend Municipal Code (PTMC), an occupancy perHli t was to be obtained within one year. The permit was extended ':0 March 19,1991 by the Ci ty Council on October 16, 1990. Nevertheless, the permit expired. The applicant is again applying for a Conditional Use Permit for the proposed bed and breakfast inn. 3. The subject property is located on ":he northwest corner of Clay and Harrison Streets. The property is surrounded by a mixture of commercial and residential development. A phone company office building is located adjacent to the site to the northwest; a dental clinic and a duplex are located across Harrison Street to the northeast; the property is surrounded to the southeast and southwest by single-family residential development. The zoning to the northwest of the site is C-III; the zoning to the northeast and southeast is R-III; and the zoning to the northeast is R-I. 4. The proposed bed and breakfast inn ~ould have four sleeping uni ts. section 17.30.180 of the Port ~~ownsend Municipal Code requires a bed and breakfast inn or a tourist home shall provide two off-street parking spaces for the owne:r's use plus one parking space for each guest room. Accordingly, the proposed bed and breakfast inn requires six off-street paJ:-king spaces. However, because the building is designated as a secondary historic structure in the Port Townsend Historic Di:;trict, this requirement may be reduced by the number of available ol1-street spaces abutting the property. A parking plan submitted ty the applicants, dated July 13, 1989, shows four on-street parking spaces abutting the subject property which meet the dimensional requirements of the municipal code. Therefore, two off-street parking spaces are required for the proposed use. The applicant's parking plan shows thre~ off-street parking spaces on the pro~erty which is sufficient parking for five sleeping units. 5. Washington state law (RCW 70.62) pJ:-ovides regulations for transient accommodations having three or mo~e units. Transient acco~odations must meet regulations established þy the Washington State aoard of Health, the Washington State Department of Social and Health Services, and the State Fire Marshal. I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont:) Conclusions 1. The proposed bed and breakfast inn use of the subject property will not endanger the public health or safety, nor will a nuisance be created. 2. The proposed use will be required to meet all of the conditions and specifications set forth in the R-III zone in which the property is located, except for any legal, nonconforming conditions which were in existence prior to the enactment of the Port Townsend zoning code in 1971. 3. The proposed use will not be injurious or detrimental to adjoining or abutting property. 4. The location and character of the use will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. Conditions 1. The proposed bed and breakfast inn shall exhibit no outward appearance of a business or of a non-residential use, except for signs permitted in Chapter 17.34 of the Port Townsend Municipal Code, or as hereafter amended. 2. Use of the property as a bed and breakfast inn is restricted to five guest rooms. 3. Three off-street parking spaces shall be provided. 4. The applicants shall comply with all applicable requirements of the State of washington relating to transient accommodations. 5. If an occupancy permit is not obtained for the proposed use of the subject property within one year from the date of the board's decision, the conditional use permit shall be canceled and automatically become null and void. 6. The proposed use shall comply with these Findings of Fact, Conclusions and Conditions. In case of any conflict, Conditions shall prevail over Findings in interpreting or applying the same. Minor Variance and Conditional Use Permit Ordinance. Mr. Harper explained the ordinance in detail suggesting certain amendmEmts to the draft. Mayor Shirley opened the hearing to the audience. There being no testimony offered, Mayor Shirley closed the hearing to the audience and turned the draft over to the council for disposition. ORDINANCE NO. 2255 AN ORDINANCE RELATING TO ZONING, AMENDING CHAPTER 17.64 OF THE PORT TOWNSEND MUNICIPAL CODE AND ADDING NEW SECTIONS TO PROVIDE FOR EXPEDITIOUS ADMINISTRATIVE PROCESSING OF REQUESTS FOR MINOR VARIANCES AND CONDITIONAL USE PERMITS WHENEVER THEIR DEGREE AND EFFECTS ON SURROUNDING PROPERTIES ARE OF SUCH MINOR EXTENT THAT THE PLANNING AND BUILDING DEPARTMENT MAY DECIDE ON SUCH REQUESTS WITH NOTICE AND A RIGHT OF OBJECT AND APPEAL; TO MAKE CERTAIN TECHNICAL AND CONFORMING CHANGES; AND AMENDING SECTIONS 17.64.030, 17.64.060, 17.64.090 AND 17.64.110 OF THE PORT TOWNSEND MUNICIPAL CODE. 265 266 MINUTES OF THE REGULAR SESSION OF AUGUST 6,1991 (Cont) Mr. Grove read the ordinance by title. After a brief discussion, the City Attorney was asked to make the proposed changes and bring the ordinance back to council in final form. Ordinance on Street Vacations. Mr. Harper explained the ordinance would remove the requirement that the Planning commission make a recommendation on all applications for strl3et vacations as well as other changes. Mayor Shirley opened the tlearing to the audience. There being not testimony offered, Mayor Shirley closed the hearing to the audience and turned the ordinance over to the council for disposition. ORDINANCE NO. 2256 AN ORDINANCE PERTAINING TO THI: VACATION OF STREETS; DELETING PLANNING COMMISSION REVIEW OF STREET VACATION APPLICATIONS; UPDATING THE CITY'S STREET VACATION ORDINANCI: WITH RESPECT TO THOSE STREETS ABUTTING BODIES OF WATER PURSUANT TO STATE LAWS; AMENDING SECTIONS OF CHAPTER 12.20 OF THE PORT TOWNEEND MUNICIPAL CODE; AND ESTABLISHING AN EFFEC']'IVE DATE After a brief discussion, Mr. Grove assigned the number and read the ordinance by title. Councilmember Clise made a motion that the first reading be considered the second anj 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 Clise made a motion that the council adopt the ordinance which was seconded by Councilmember Camfield. After a brief discussion, the ordinance passed unanimously by roll call vote. Ordinance on Subdivisions. Mr. Harper explained the ordinance as it pertains to short and long plats. Mayor Shirley opened the hearing to the audience. Katherine Jenks was recognized and expressed concern about administrative approval of plats from 10 to 21 lots in size and asked that the public notice process for these be thoroughly understood before it is approved. There being no further testimony, Mayor shirley closed thE~ hearing to the audience and turned the ordinance over to the council for disposition. Mr. Harper described how the public would ]lave an opportunity to address the proposed plats. After a bI'ief discussion, it was determined that the administrative procedure should only be applied to short plats. The city Attorney indicated that he could redo the ordinance to reflect this change and havH it ready for the next city council meeting. ORDINANCE NO. 2257 AN ORDINANCE PERTAINING TO SUBDIVISIONS; PROVIDING FOR THE TIME WITHIN WHICH VARIOUS APPROVALS IN CONNECTION WITH SUBDIVISIONS MUST BE MADE AND FOR EXTENSIONS OF SUCH TIME PERIODS; ESTABLISHING AN ADMINIS'rRATIVE REVIEW PROCEDURE FOR SHORT SUBDIVISIONS; AMENDING SECTIONS OF CHAPTER 18.20,18.32, AND 18.38 OF THE PORT TOWNSEND MUNICIPAl, CODE; AND ESTABLISHING AN EFFECTIVE DATE Mr. Grove was asked to assign a number to this ordinance which he did, but no reading of the title was given. UNFINISHED BUSINES~¡ ORDINANCE NO. 2254 AN ORDINANCE REQUIRING THAT PROPERTY WITHIN 250 FEET OF A PUBLIC SEWER, RATHER THAN 160 FEET, BE REQUIRED TO CONNECT ~ro THE PUBLIC I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Coni:) SEWER; AMENDING SECTIONS 13.04.010 AND 13.08.025 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE Mr. Wheeler explained that he has considered the complaint: about this ordinance from Mr. Walker and in not sure that adding the additional 90 feet will change anything because there is êl large variety of lot sizes in town. He explained that there is a larger question which results from the decision not to take in sep1:age at the sewer treatment plant. Does the city want to minimize the number of septic tanks used in town? This ordinance would hEÜp the ci ty move in that direction. After a brief discussion, it was indicated that a longer grace period for connection would be more acceptable when a property owner has recently installed a new septic system. Councilmember Jones made a motion to table this ordinance to the next meeting which was seconded by councilmember Clise and passed unanimously by voice vote. ORDINANCE NO. 2252 AN ORDINANCE GRANTING TO GUIDED HISTORICAL TOURS A FRANCHISE TO OPERATE A HISTORICAL TOUR SERVICE Mr. Grove read the ordinance by title constituting the second reading. Mr. Harper inserted the effective date of SeptenIDer 1, 1991. Councilmember Clise made a motion that the second reading be considered the third and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember McCulloch made a motion that the council adopt Ordinance No. 2252 which was seconded by Councilmember Jones and passed unanimously by roll call vote. Resolution Freitas. Authorizing with Charles Land Purchase Agreement RESOLUTION NO. 91-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR AND CITY TREASURER OF THE CITY TO ENTER INTO AND CARRY OUT A PURCHASE AGREEMENT FOR PURCHASE OF CERTAIN REAL PROPERTY WITHIN THE CITY Mr. Harper explained the resolution. Councilmember Westerman made a motion to adopt Resolution No. 91-64 which was seconded by Councilmember Camfield and passed unanimously by voice vote!. Free Bicycle Program contract. Mr. Harper explained that the council and Mr. witten have received a copy of a draft agreel1lent to provide this service and noted changes requested by Mr. witten. Mr. Witten was recognized and explained the reasons for his change requests. A discussion ensued about the various changes and the city Attorney recorded the appropriate changes on his copy. Mr. witten requested that the council withhold final approval of the agreement until he gets a new quote on the insurance with zero deductible and an aggregate of $2,000,000. RECESS The Mayor declared a recess reconvened at 10:38 PM. at The meeting was 10:33 PM. COMMITTEE/STAFF REPORTS street/storm Drainaae/Light. Councilmember Jones announced a meeting for 5:00 PM on August 14, 1991, to discuss miscellaneous streets. 267 268 MINUTES OF THE REGULAR SESSION OF AUCUST 6,1991 (Cont) Legislative/Environmental. Councilmember F:enna announced a meeting on August 19, 1991, at 5: 00 PM to consid~~r the checklist on Bay Vista No.2 and the addendum to the checklist on the waste water treatment plant. Councilmember Kenna made a motion that the council issue a mitigated determination of non-significance on the checklist for the Street Vendor OrdinanCE! which was seconded by Councilmember Camfield. After a brief discussion, the motion passed provided the following mitigating ßleasures are followed: Mitigation Measures 1. To mitigate adverse air impacts due to emissions generated by street vendors during food preparation, the siting of these vending facilities shall be restricted to areas of adequate ventilation. 2. To mitigate solid waste impacts, vending facilities that purvey beverages served in glass or alt:,minum containers shall provide recycling receptacles on site. 3. To mitigate adverse street noise impacts on nearby pedestrians and commercial establishments, mechanical hawking (the use of amplification or loudspeakers) shall be pI'ohibi ted. 4. To mitigate impacts on the aesthetic c~aracter of the National Landmark Historic district and other commercial areas of Port Townsend, design review of proposed vending facilities will be required. 5. Shielding shall be used on all exterior lighting used by street vendors to mitigate light and glarE! from affecting road or surrounding uses. The shielding shall direct light or glare downward and away from adjoining properties. Materials that minimize glare shall be used in the construction of vending facilities. 7. To mitigate potential impacts to thH historic character of Port Townsend, mandatory design review shall be required of vending facilities. Councilmember Kenna made a motion that the council issue a mitigated declaration of non-significance on the new construction proposed by Century Twenty-one which was sHconded by Councilmember Camfield which passed unanimously by voice vote provided the following mitigating measures are taken: ~ EARTH 1. To mitigate possible erosion ha2:ards from the proposed project, a drainage plan shall be prepared by a civil engineer for approval by the Public Works Director. This plan shall be completed and approved prior to building permi t approval. special emphasis shall be placed on the development and implementation of long-term erosion control prac:tices for the gully area. The plan shall include the following in writing or diagramf:: 0 0 0 Location of proposed building Property lines Details of terrain, including present contours and proposl~d finish contours Soil loading/compressibility and slope stability considerations Delineation of areas to be cleared Proposed construction Details of all erosion cont~rol measures Proposed construction schedule 0 0 0 0 0 I I I I I I 1L.. ~ Ih. ~ ~ ~ !h MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Coni:) (including time of erosion control measures installation 2. To mitigate potential adverse impacts to the slope stability of the gully area, a setback may be required. As specified in the Uniform Building Code, a study shall be made by a civil engineer to determine the appropriate setback of the proposed new construction from thE~ gully contour. This study shall be completed and approved by the Public Works Director prior to building permit approval. AIR 1. To mitigate adverse air impacts due to dust during dry weather, construction areas should be watered to suppress dust. In order to reduce potential surface and ground water contamination, chemical dust suppressants should not be used. PLANTS 1. To mitigate impacts to vegetation in the gully area, no significant trees (with a diameter of six inches or more) shall be cut unless they are located within ten feet of the proposed building pad, parking lot and driveway. ENVIRONMENTAL HEALTH: NOISE 1. To mitigate adverse construction noise impacts on nearby residents construction shall be limited to between the hours of 8 am and 5 pm Monday through Friday and prohibited on weekends. AESTHETICS 1. screening shall be used to mitigate the visual impact of mechanical equipment and dumpsters form adjacent properties and Sims Way. LIGHT AND GLARE 1. Shielding shall be used on all exterior lighting to mitigate light and glare from affecting road or surrounding uses. The shielding shall direct light or glare downward and away from adjoining properties. HISTORICAL AND CULTURAL PRESERVATION 1. To mitigate potential impacts to archeological resources which may be discovered during excavation, work should be stopped if such materials are discovered and the State Historic Preservation Officer be contacted immediately. TRANSPORTATION 1. In order to provide adequate access to the site Logan Street shall be brought up to street standards along the length of the abutting property line. Logan Street: shall be constructed with a paved 22-foot travel lane and an 8- foot gravel shoulder. In addition, curbs and gutters shall be installed. 2. On-street parking shall be prohibited between Sims Way and the driveway entry of the 269 270 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont) proposed development (to be located on Logan street) . 3. To mitigate impacts to pedestrians, a sidewalk shall be established on Logan StI'eet along the length of the abutting property line. In addition, the applicant shall enter into a no protest agreement in form and substance acceptable to the Public Works Director, agreeing not to protest or object to the formation of a future Local Improvement (LID) District for the Gateway Corri<5.or. The LID could include, but is not limited to: 0 street furnitu~e 0 st!eet and pavement improvements 0 street trees 0 sidewalk improvements 0 lighting facilities 0 bike racks and pedestrian amenities 4. The existing informal traLL shall be maintained until such time as it is replaced by a permanent walkway. h PUBLIC SERVICES 1. To mitigate inadequate access to existing fire hydrants, a hydrant shall be installed at the corner of the proposed parking lot. J. UTILITIES 1. To mitigate inadequate fireflo~', a 6" water line shall be extended from appI'oximately 3rd and Thomas to the site. This wa1:er line shall cross under Sims Way and tie t.o a 6" water line located near the All City Auto Body property. To mitigate impacts associated with crossing Sims Way, any extension of e:dsting sewer lines shall occur in the Logan Street right- of-way. Water-Sewer. Councilmember McCulloch reported that the committee met with representatives from the tribes ~t 4:00 PM this date to hear their arguments in favor of the city's participation in the Chelan Agreement Project which was followe(L by a meeting at 5:00 PM wi th representatives from the Association of Washington cities. She explained that a lot of issues were talked out and requested that Mr. Wheeler be prepared at the next collncil meeting to discuss what a possible scenario would be for the city to participate. She indicated that there is a good chance WI~ may be forced into a discussion on this at some point in the future and some preparation for that would be appropriate. A discussicn ensued on the need for negotiation proposed in the Chelan Agreement. Councilmember McCulloch announced a tour of the watersheé, on August 12,1991, and invited the city council to attend. Mr. Wheeler explained that the proposed timber sale area will be reviewecl on the tour. 2. Out of State Travel. Mayor shirley requee;ted approval for out of state travel for himself, Councilmember Camfield, and Michael to attend a Rocky Refresher in Oregon and for Robert Wheeler to attend a Public Works Conference in British Colombia. Councilmember Clise made a motion to that effect which was seconded by Councilmember Kenna and passed unanimously by voice vOtE~. Public Works Director. Mr. Wheeler reported that the water quality advisory committee plans to have a display at the fair which will include handouts. A public meeting will b:! held on September 19th I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont~) to discuss health and location issues. A tour of the Skaggi t Valley filtration plant has been scheduled for September 25t:h. He indicated that drainage from 53rd Street is being addressed as well as resurfacing of Cook Avenue, but he was quick to explain that Cook Avenue will not be widened in the process. He reportE!d that the concrete block left over as a part of the Seaview Sewer construction has been removed and re-vegetation is underway in that area. Director of Planning and Building. Mr. Hildt reported 'that a transportation steering committee is being formed to provide guidance in developing transportation policies, selecting projects, and scheduling work. He described the recommended composit:ion of the eleven member committee. He indicated that if there are no objections, they will proceed to form the committee. No objE!ctions were expressed. He reported that a new project'listing is being prepared for publication which indicated what projects are underway and who the contact person is to better inform the public. Clerk-Treasurer. Mr. Grove reported that his Deputy Treasurer, Vera Franz, has yet to be released by her doctor to return to work, but is recovering nicely and could be back to work soon. Emergency Medical Services Special Agency Fund. Mayor Shirley reported that the council received a request from the Fire Chief, Howard Scott, that they decide who the want to be able to sign vouchers for this fund. The mayor recommended that the FirE! Chief be authorized to sign vouchers for this fund in behalf of thE~ city. Councilmember Clise made a motion to that effect which was sE!conded by Councilmember Jones and passed unanimously by voice votE!. NEW BUSINESS Resolution Authorizing Contract to Develop Waterwalk Trail. RESOLUTION NO. 91-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ACCEPTING A GRANT AND AUTHORIZING A CONTRACT TO DEVELOP A WATERWALK TRAIL Mr. Hildt described the project. Councilmember Kenna made a motion to adopt Resolution No. 91-65 which was seconded by Councilmember Westerman and passed unanimously by voice vote. Ordinance Removing Police/Fire Chief from civil Service. Mayor Shirley explained that the council received a draft ordinance and memorandum on this proposal and reviewed the fact that he has changed the qualifications and job description for the Police Chief. He reported that he met with the civil Service comnlission who have recommended against this because of their concern for the political connotations of removing it from their jurisdiction. He felt that if the qualification were included in the ordinancE~ along with a guarantee to be able to return to the ranks if promotE~d from wi thin would rest many of their concerns. A discussion ensued about the advantages and disadvantages of the ordinance. A survey of other cities was requested to establish what cities of our size are currently doing with this position. COUNCILMEMBERS GENERAL DISCUSSION Residential Use of Travel Trailers. Councilmember Jones expressed concern about the use of a travel trailer at 13th and Holcomb being lived in from time to time. Mayor's Report. Mayor Shirley reported that they expl:!ct to advertise for application for city Attorney through the month of september. He indicated that he has talked to the Jefferson County Sheriff Mel Mefford, about providing some interim management of the 27i 272 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont) Police Department when Chief Hinton leaves on October 31,1991, but he is not proposing to turn the Police Department over to the County Sheriff on a long term basis. He e}:plained the interest in Point Hudson does not include trying to break the present lease, but our interest is from a zoning standpoint. The employee assistance program is going to be reviewed 'Nith the staff next week so they will better understand how to use the benefit. He indicated that a meeting will soon be held with the Port of Port Townsend to discuss the construction of the needed waterline in the port district. EXECUTIVE SESSION Mayor Shirley declared a recess into execui:ive session at 11:40 PM to consider the acquisition of real estate and a personnel matter. He requested the presence of Michael Hildt" Robert Wheeler, Keith Harper and David Grove. The meeting was reconvened at 12:04 AM with all councilmembers present. NEW BUSINESS Land Purchase. Cindy Thayer was recognized and outlined the concerns of the property owner of the property on the southeast corner of Water and Adams Street. A discuBsion about the need for a survey ensued during which is was the consensus that it would not be necessary for the city to purchase the property. A soil test of the beach property was on the other hand considered necessary. A discussion ensued as to what should be included in a pre-purchase agreement and direction was given to the Mayor and City Attorney to complete the necessary documents. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 12:18 AM. 62,Á2 Attest: DA~ City Clerk MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991 The City Council of the City of Port TDwnsend met in regular session this Twentieth day of August 1991, at 7: 00 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, Julie McCulloch, Norma Owsley and Sheila Westerman. Michael Kenna was excused. Also present were Deputy city Treasurer Vera Franz, city Attorney Keith Harper, Planner Dave Robison, Assistant Planner Darlene Bloomfield and Public Works Director Robert Wheeler. PUBLIC COMMENTS Mike Griffith was recognized and stat,~d his concerns about recreational vehicles and other large vehicles following the "Seagull Tour" through residential neighbDrhoods where there are children playing and the streets are not w.Lde enough for the extra traffic. He suggested that the route be encouraged as a walking tour and then be re-examined before the seagulls are repainted again. I I I