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Home My WebLink About12/03/1991 358 MINUTES OF THE REGULAR SESSION OF DECEMBER 3, 1991 The Ci ty Council of the City of Port Townsend met in regular session this Third day of December 1991, a"c 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, 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 Joe Breskin was recognized and presenteé. the Olympic Peninsula Learning Center Proposal which comes from the US Forest Service New Perspecti ves program and requested a let1:er of support from the Council. Mr Breskin also discussed a Watershed Control Program letter from the Forest Service as well as the condition of the Ritz road that crosses city land near Snow CreE~k that is being used by loggers on surrounding property. Kathryn Jenks was recognized and noted an article in the Peninsula Daily News and suggested that the City pay attention to the leaking of low-level radioactive water from nucl3ar-powered Naval ships docking at Indian Island and hazardous wast,e sites on Indian Island even though it comes under the jurisdiction of Jefferson County. 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 November 5, 1991, as written without reading. Approval of the following Bills and ClaimH: Current Expense Street Library Park Arterial Street Hotel/Motel Emergency Medical Services Capital Improvement Local Improvement District #1 Water-Sewer Equipment Rental Total $ 43,404.36 820.62 4,413.86 1,410.49 455.00 870.00 754.89 12,500.00 65.40 53,135.65 2,915.05 $ 120,745.32 Communication: A letter dated November 21, 1991, from Jonathan Tudan, Architect, JT Architecture, praising David Robison, Planner, for his work on the Bay vista II Condominiums and Bay View Restaurant expansion project. This concludes the Consent Agenda. PUBLIC HEARINGS Conditional Use Permit 9108-01 -Port Townsend Fire Department. Mr Hildt reviewed the findings, conclusions and conditions of the Planning Commission recommending approval of Conditional Use Permit 9108-01. Mayor Shirley opened the hearing to the Public. John Franklin, representing the Fire Departme:nt, was recognized and spoke in favor of the permit. There beir,g no further testimony, Mayor Shirley closed the hearing to the Fublic and turned to the I I I I I I 4. 5. 6. 7. 8. 9. MINUTES OF THE REGULAR SESSION OF DECEMBER 3, 1991, Con1t:. Council for disposition. Mayor Shirley explained the budgl:!t for this project. After discussion, which included Mr Franklin and Bob Rickard who spoke for the Planning Commission, Councilmember Kenna made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit 9108- 01 which was seconded by Councilmember Jones and passed unanÜl\ously by voice vote after a brief discussion including Joe Breskin speaking for Fire District 6 and Mr Franklin. Findings: 1. The City of Port Townsend Fire Department proposes to install a 12, OOO-gallon, underground, water-storage tank on city-owned vacant property located in the R-I and R-IA zoning districts. water-storage tanks (water towers) are listed, in section 17.16.010 of the Port Townsend Municipal Code, as a conditional use in the R-I and R-IA zones. 2. The site is described as Block 47 of the Dundee Place Addition to the City of Port Townsend and is located to the south of Umatilla Avenue, to the east of platted Jackman Stre'3t and west of partially platted Landes Street. The site is flat and gravelly with a 30-foot bluff bordering the perimeter of the subject property to the east, south and west. Umatilla is a two-way street which is developed to approximately a 18-foot width. 3. The surrounding uses are residential and agricul turéÜ. A residence and vacant property are located on the bluff to the south of the site, the property across umatilla to the north and the property to the west are currently vacant and used as pasture lands. A residence is located to the east of the site. The improvements to the proposed site include the installation of the 12,000 gallon tank, a roadside culvert and dit,ching. The water tank itself will be underground but, the tank hatch, water return valve and manifold will be above ground and will be approximately 48 inches in height from grade. The subject tanks are proposed to be used for annual t.esting of Port Townsend Fire Department Pumper Trucks. The trucks are to be tested annually wi th each test req¡uiring approximately one-half hour to complete. The Department states that the site may also be used by other fire jurisdictions which may require up to 20 additional tesits per year. The Department estimates that testing days will generat43 up to 10 vehicle trips per day (in and out of the site), and that minimal noise, and diesel exhaust will result from the use of the facility. The Department has stated that the subject site will act as a temporary location until such time as a permanent facility is located. The applicant has also stated that the adjacent property owners will receive prior notification of thE~ dates the site is intended to be used for testing. The Department has stated that the proposed tank will help to maintain the required level of operating efficiency of emergency fire apparatus. No specific off-street parking requirement is provided in the PTMC for the proposed use. As provided in section 17.30.120, the off-street parking requirement is such instance, shall be determined by the City Council based on similar uses for which requirements are specified. 359 360 8. 9. MINUTES OF THE REGULAR SESSION OF DECEMBER 3, 1991, Cont. 10. Due to the narrow, winding roadway of umatilla Avenue, public safety could be jeopardized if overflow parking from the facility occurred on Umatilla Avenue. Conclusions: 1. Under the conditions prescribed below the proposed water tank installation and testing facility 'ilfould not endanger the public health or safety, nor 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 R-I and R-IA zones in which the property is located. The proposed use would not be injurious or detrimental to adjoining or abutting property. The testing and maintenance of the pumper trucks is necessary to ensure the proper operation of the equipment in order to serve the needs of the public. 3. 4. The subject property is located in t:he R-I and R-IA districts, and is surrounded by vacant and single residential development. Due to the proposed limited the site the use would be in harmony with the area which it is located. zoning family use of within In consideration of the aforementioned fi~dings and conclusions, the Port Townsend City council grants as conditioned: 1. Tank testing shall be limited to 20:lays per year and shall take place during the hours of 9 a.m and 5 p.m. All occupants of adjacent residence::; shall be notified at least 48 hours prior to any testing ë,cti vi ties. 2. 3. The Department shall prepare for a¡:proval of the Planning Director a detailed parking and circt.lation plan which shows all dimensions pursuant to 17.30.300 (Parking Dimensions). The plan shall provide adequate spacE: for fire apparatus and attending vehicles. 4. No vehicles of any kind shall be parked on Umatilla Avenue. 5. The Department shall receive a street development permit from the Public Works Department pursuant to ordinance 2210 (street standards), if required. 6. Prior to the issuance of a Conditional Use Permit the Department shall prepare for approval of the Planning and Building Director a landscaping plan which will sufficiently screen the facility from Umatilla AvE~nue. 7. Prior to issuance of a Conditional Uf::e Permit the Department shall prepare for approval of the Public Works Director a stormwater drainage plan which will retain off-site storm waters to historic flows. The proposed project must be fully developed and all conditions met within two years of 1:he date of approval of this Conditional Use Permit. The proposed use shall comply with .these Findings of Fact, Conclusions and Conditions. In ,=ase of any conflict, Conditions shall prevail over Findings in interpreting or applying the same. Administrati ve Appeal Ordinance. Mr Hildt: reviewed the ordinance and clarified that the Council serves as the Board of Adjustment I 1- I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 3,1991, Cont. until such time as the Council forms a board of adjustment. Mayor Shirley opened the hearing to the Public. There being no test:imony, Mayor Shirley closed the hearing to the Public and turned to the Council for disposition. After discussion, Councilmember McCulloch made a motion that the council make a change to. the ordinance naming a filing fee in an amount set forth in Chapter 3.36 of the Port Townsend Municipal Code which was seconded by Councilmember Kenna and passed unanimously by voice vote. ORDINANCE NO 2275 AN ORDINANCE ESTABLISHING A UNIFORM APPEAL PROCEDURE OF ADMINISTRATIVE DECISIONS OF THE PLANNING AND BUILDING DIRECTOR; ESTABLISHING A NEW CHAPTER 1.14 OF THE PORT TOWNSEND MUNICI- PAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second 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 Jones made a motion that the Council adopt Ordinance No 2275 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote after further discussion of the Council being the Board of Adjustment. UNFINISHED BUSINESS Interlocal Agreement for Memorial Field Fence Project. RESOLUTION NO 91-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH JEFFERSON COUNTY TO WORK COOPERATIVELY ON THE REPAIRS TO MEMORIAL FIELD/MONROE STREET SIDEWALK AND EMBANKMENT. Mr Wheeler explained the resolution. After a brief discussion including Mr Harper, Councilmember Clise made a motion that the Council adopt Resolution No 91-87 with the agreement substantially as exhibited which was seconded by Councilmember Jones and passed unanimously by voice vote. Revised Findings and Conclusions: Street Vacation Application 9101- 10 -Dignan. Mr Hildt explained the revision. Councilmember Jones made a motion that the Council adopt the following amendment: which was seconded by Councilmember Clise and passed unanimously by voice vote. The revision follows: 1. Revise Condition #2 as follows: "A twenty-five foot underground easement for utilities shall be retained along the centerline of the vacated portions of Landes, Oxford and Kuhn Streets." COMMITTEE REPORTS/STAFF REPORTS Street/Storm Drainage/Light. After Mr Wheeler reported on various problem trees in the City, Councilmember Jones made a motion that the City trim a bigleaf maple tree at Harrison and Clay and authorize the property owner to remove a dead madrona tree at Cherry and S Streets which was seconded by Councilmember Westerman and passed unanimously by voice vote. Councilmember Jones reported that the Committee discussed a list of graveled streets and has asked the Public Works Department to check 361 362 MINUTES OF THE REGULAR SESSION OF DECEMBER 3,1991, Cont. on the present cost to maintain these s'treets compared to the possibility of chip and sealing them at a later date. Councilmember Jones made a motion that the Council authorize formation of an advisory committee for a :;torm drain master plan which was seconded by Councilmember Westerman and passed unanimously by voice vote. Communi ty Services. Councilmember WesteJ:-man reported that the Affordable Housing Committee has sent a letter to the Farm Home Administration regarding the Hancock street Apartments as well as the City. Legislative/Environmental. Councilmember Kenna reported that the Commi ttee has discussed the Fort Worden j~nvironmental Checklist even though the City is not the lead agenGY. The Committee does not have any suggested mitigating measures for the State Parks at this time. Councilmember Kenna set a meeting of the C~mmittee for 5:00 PM on December 16, 1991, to discuss the Derek Reijnan Rezone at Third and Grant Streets, the Child Care Ordinance the Residential Care Ordinance and Biosolids. Water /Sewer. Councilmember McCulloch made a motion that the Council authorize the Public Works Direct~r to send a letter of general support for the concept and desi;¡nation of the Olympic Peninsula Learning Center which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember McCulloch made a motion that the Council send a letter of invitation to the Trust for Public Lands to make a presentation on their Local Open Space Project to the Council at the third Council Meeting in March which W,:iS seconded by Council- member Owsley and passed unanimously by voice vote. Councilmember McCulloch and Mr Wheeler rep:>rted that John Boulton has requested the use of a section of roé,d across city property near Snow Creek for logging of abutting pr,:>perty. The Department of Natural Resources (DNR) now owns the property, but the timber rights are still owned by the previous owner who is now harvesting the timber. Councilmember McCulloch reported that the DNR will need an agreement to cross the land i.rl the future. After discussion, it was the consensus of the Council that the Public Works Director request a letter of agreeme~t from Mr Boulton which would include environmental and road maint'3nance issues. Council Retreat. Mr Hildt suggested that the council hold their retreat all day on February 7, 1992, and a half day on February 14, 1992. After discussion, it was the consen::;us of the Council that both sessions be all day long. License Agreement with David Hero and The Water Street Corporation. RESOLUTION NO 91-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A LICENSE AGREI:MENT FOR THE USE OF THE CITY RIGHT-OF-WAY ON !3EHALF OF THE CITY. Mr Harper explained the resolution. After discussion of the use of the area and the kiosks, Councilmember Westnrman made a motion that the Council adopt Resolution No 91-88 1vhich was seconded by Councilmember Clise and passed unanimously by voice vote. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 3,1991, Cont. Cosgrove Street Vacation -Barbara Williams. RESOLUTION NO 91-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED TO BARBARA WILLIAMS TO CLEAR TITLE TO VACATED COSGROVE STREET. Mr Harper explained the resolution. After discussion, Council- member Camfield made a motion that the Council adopt Resolut:ion No 91-89 which was seconded by Councilmember Clise and passed unanimously by voice vote. Forest Service Letter. Mr Wheeler explained that a letter from the Forest Service to conf irm their commitment to work with the City of Port Townsend and the Watershed Advisory Committee on development of the watershed control program was on the desks of the Councilmembers this night. LID Administrator. Mr Wheeler noted a memo from Randy Brackett, City Engineer, related to an LID Administrator and explaine~d that there are at least two more LID's presently being discussed. After discussion, Councilmember Jones made a motion that the council authorized advertising for an administrator which was seconded by Councilmember Clise and passed unanimously by voice vote. Mailing. Mr Wheeler discussed the proposed mailing form for the "Council Sponsored Forum" for discussion of new service fees and utility rates on December 18, 1991. After discussion, Mayor Shirley announced that the regular meeting on December 17, 1991, will be recessed to December 18, 1991, to include this forum. Garbage Rates. Mr Grove explained that at the present time, there will be no raise in the residential garbage rates. However, commercial garbage customers and commercial recycling customE~rs may be asked to pay a higher fee which will be worked out later. The 1992 recycling pickup schedule should be ready to be sent out with the above mailing. Additional Bill and Claim. Councilmember Owsley made a motion that the Council authorize payment of a claim for $19,029.55 to Koenig Chevrolet from the Equipment Rental Fund which was seconded by Councilmember Jones and passed unanimously by voice vote. Police Chief Eligibility List. Mr Grove explained the process of the Civil Service Commission in establishing a Police Chief Eligibility list: a written exam, oral board examination and an assessment center to take place on December 13, 1991, with the list to be certified by the Commission on December 16, 1991. Biosolids Meeting. Mr Wheeler announced a biosolids meeting at 7:00 PM on December 5, 1991, at City Hall. (sludge) Seaview Sewer LID #1 Meeting. Mr Wheeler announced a meet,ing on the seaview Sewer at 7: 00 PM on December 5, 1991, at the Courthouse. NEW BUSINESS Resolution Establishing a County Wide Planning Policy. RESOLUTION NO 91-90 JEFFERSON COUNTY/CITY OF PORT TOWNSEND, STATE OF WASHINGTON, THE ESTABLISHMENT OF A COUNTY- WIDE PLANNING POLICY. 363 364 MINUTES OF THE REGULAR SESSION OF DECE~BER 3,1991, Cont. Mr Grove explained the resolution. Councilmember Clise made a motion that the Council adopt Resoluticln No 91-90 which was seconded by Councilmember Kenna and passed unanimously by voice vote. Resolution on Excessive Use of Force and Re~solution on Residential Anti-Displacement/Relocation Plan. After él brief discussion, both of these resolutions were referred to 'the Community Services Committee. Ordinance Establishing Temporary position -Director of Public Safety. ORDINANCE NO 2276 AN ORDINANCE RELATING TO PUBLI C SAFETY AND CITY ADMINISTRATION; CREATING ~mE TEMPORARY POSITION OF DIRECTOR OF PUBLI:: SAFETY AND PRESCRIBING DUTIES. Mayor Shirley explained the ordinance. Mr I:;rove read the ordinance by title. Councilmember Owlsey made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read tho ordinance by title. Councilmember Jones made a motion that the Council adopt Ordinance No 2276 which was seconded by Councilmember Owsley and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DI~,CUSSION Port Townsend Cable TV. After a brief dis(:ussion with Burt Green, Port Townsend Cable TV, who asked for guidance in extending the Cable TV franchise for a 15 year period, Councilmember Jones made a motion that the Council set a Public HI3aring for February 18, 1992, to discuss the extension which was sf~conded by Councilmember Owsley and passed unanimously by voice vot:e. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executi ve Session to discuss litigation includ~ng David Grove, and Robert Wheeler at 10:00 PM. The meeting was reconvened at 10:11 PM. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:11 PM. Attest: ~o~ M~ Clerk-Treasurer I I I