Loading...
HomeMy WebLinkAbout05/04/1992 I I I MINUTES OF THE REGULAR SESSION OF APRIL 20, 1992, Coni:. Legislati ve/Environmental Committee Meetings. council~e~~~~, W~~p~~ t' f the Committee for May 29, 1992, a . ~~~c~s:e:h:niEP~ checklist f~r City Dock and a meeting to continue the SEPA checklist for RoseW1nd at 5:00 PM on May 6, 1992. ADJOURNMENT th bus;ness, Mayor Clise declared the meeting There being no fur er ~ adjourned at 9:09 PM. Mayor Attest: ~~ ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 The City Council of the City of Port Townsend met in regular session this fourth day of May, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie Mcculloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Also present were Clerk-Treasurer David Grove, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler, and City Attorney Dennis McLerran.. PUBLIC COMMENTS Joan Best was recognized and expressed interest in the problems of teenagers and requested the creation of a City Human Rights Commission for issues like the Child Care Ordinance. Brent Shirley was recognized and encouraged the council to approve the resolution declaring Sooke, British Colombia, Canada as a sister city. CONSENT AGENDA Councilmember Jones made a motion to approve the following i1: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 $52,574.41 4,468.39 4,896.76 11,913.20 1 457 ¡ , . . . <' 458 MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 Cont. Emergency Medical Services Local Improvement District No.1 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 37.42 312.09 57,675.67 3,696.75 3,817.27 1,215.29 $140,607.25 Approval of Resolutions: RESOLUTION NO. 92-5'5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO Rc~r 35. 91 Dick Steinke has agreed to construct a six inch water line in Thomas street proceeding south 425 feet from 25th Street. RESOLUTION NO. 92-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RC\il 35. 91 Wilfred Cadwell has agreed to construct a six inch water line in Swaney Street between 7th and 8th Streets. RESOLUTION NO. 92-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCH 35.91 Donna Dietzman has agreed to construct a six inch water line in Arden Street between 6th and 7th Streets. RESOLUTION NO. 92-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCH 35.91 George S. Ansley has agreed to construct a six inch water line in 20th Street between Haines and Kuhn Stree1:. RESOLUTION NO. 92-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RC1v 35.91 Robert S. Lockhart, Anita R. Lockhart, John and Jill Buhler, Phyllis Westerfield, Harold L. Olson, Wil1:~am K. Bloemker, Karen S. Bloemker, Richard R. Gastfield, Norinl:! Gastfield, Brian D. Lundgren, A.M. O'Meara, David Sather, S1:ig Osterberg, Heidi C. Brandt, Yvonne Cvitkovich and Robert strain have agreed to construct an 8 inch water line in Upper Adelma Beach Road. RESOLUTION NO. 92-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIllE FOR HEARING ON PETITION FOR VACATION OF A s'rREET. On June 15,1992, a public hearing will be held on Street Vacation Application No. 9204-03 from Susan LeinbaGk. Channelling Communications: 2 I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 Cont. The council received a memorandum dated April 8, 1992, from Lucy Sloman of McConnell/Burke Incorporated providing survey information collected by telephone about the status of impact fees in other jurisdictions. A letter dated April 14, 1992 from Lee C. Wilburn, President of Vantage Homes, Incorporated to Dave Robison, city Planner, was copied for the council commenting on the Environmentally Sensitive Area Ordinance. This letter was referred to the Legislati vel Environmental Committee. A letter dated April 14, 1992, from T.M. and R.V. costain to Mayor Clise was copied for the council opposing the Rosewind Cohousing Development. This letter was referred to the public hearing that will be held on this proposal. The council received a letter dated April 20,1992, from Al and Nan Lovington encouraging the location of the Dentzel Carousel at the Pope Marine Park. This letter was referred to the Parks and Property Committee. The council received a memorandum dated April 21, 1992, from Mike Early of the Port Townsend Golf Shop, Inc. requesting that: Terri stinson assume the lease and management of the restaurant at the Port Townsend Golf Club. This letter was referred to the Parks and Property Committee. A letter dated April 21, 1992, from Michael Hildt to Paula Amell was copied for the council advising her that the City Council has postponed consideration of her request for extension of her conditional use permit until May 18, 1992, to allow her t.ime to meet the conditions of the original permit for parking and management. A letter dated April 23, 1992, from Janette Force to Mayor Clise was copied for the council requesting that the city ,enforce environmentally sound business practices which clog the landfills. This letter was referred to the Legislative/Environmental Committee. The council received a letter dated April 23, 1992 from Timothy wi tten requesting that they reinstate an appropriation for t.he Port Townsend Free Wheels Bicycle Program. This letter was referred to the Finance Committee. The council received a letter dated April 24, 1992, from Doug and Nancy Lamy requesting that the Port Townsend Carousel Association's Carousel of the Olympic Sea be placed in the Pope Marine Park. This letter was referred to the Parks and Property Committee. The council received a letter dated April 27, 1992 from Kerry Jackson expressing support for the child care ordinance presently under consideration because she wants to have a preschool for about six children in her home on Adams Street. A letter dated April 28,1992, from Michael Hildt to Bill Toskey, Manager of the Port of Port Townsend regarding their request for a street vacation of that portion of Jefferson Street between Benedict Street and San Juan Avenue. The council received a letter dated April 29,1992, from Mrs. D.E. Johnson expressing concerns about the Forest Park DevelopElent. This concludes the Consent Agenda. 3 459 460 MINUTES OF THE REGULAR SESSION OF ~AY 4, 1992 Cont. PUBLIC HEARINGS Child Care Ordinance Rick Sepler was recoqnized and verified that the City Council received all the writ1::en material about the proposed ordinance and explained the nE~ed and moti vation for introducing the ordinance at this time. He reviewed the history of the draft currently being èonsidered and summarized its content indicating that the Planning Commission i~, recommending approval. City Attorney Dennis McLerran was recognized and went over the recent changes which were done to bring thl~ ordinance current with the intent of the Planning commission. Mr. Sepler explained under what circumstances the use of an out building for child care would be acceptable and other provisions. Counc:Llmember Westerman asked for an explanation of the transportation provisions which were of concern in the environmental checklist which was done by Mr. Sepler. Councilmember Sokol asked if a building which is not on the same site as a residence would be coveJ:,ed under this ordinance and Mr. Sepler said it would. It wa:5 noted that the same definitions do not exist in the most recent draft ordinance as were approved in the environmental review. Mayor Clise opened the hearing to the audience, but no testimony '~as offered so he closed the hearing and turned the proposal over to the council for disposition. Councilmember McCulloch suggested that more definitions be included in the ordinance. After a brief discussion, Councilmember Camfield moved tCI continue the discussion until May 18, 1992 which was seconded by Councilmember Jones and passed unanimously by voice vote. Street Vacation Application from Port of Port Townsend Mr. Hildt was recognized and reviewed this request to vacate a portion of Jefferson Street in the port area between Benedict street and San Juan Avenue. He explained that the Pub:.ic Works Department is recommending that this request be denied because there are utilities in this right-of-way. He outlined the proposed short term and long term uses desired by the Port of Port Townsend and al ternati ve to vacation such as street 'J.se permits. No draft findings and conclusions were prepared because Mr. Hildt hoped to be able to work something out between the Port and Public Works. Mayor Clise opened the hearing to the audience. Bill Toskey was recognized and spoke in favor of the application pointing out that it has never been used for vehicular traffic, although the train did follow that route until five years élgO. He explained that there is some urgency because of the need for more fuel tanks in the port area by Harper's Fùel Service who is co-applicant on a portion of this right-of-way. He referred to a large photograph of the area pointing out the location of the right-of-way in question. This photograph dated September, 1989, is approximately 4 by 6 feet and the Port agreed to keep the exhibit af:: long as this matter is pending. Kei th Harper was recognized and indicated that he is speaking in behalf of the applicant. He announced support for the project, but understood that the Public Works Director is on vacation for the next couple weeks and requested that the public hearing be continued to a later date to allow the applicants to work out the problems with public works. Councilmember Westerman asked for an explanation from the Public Works Director, Robert Wheeler, as to whether he sees a potenti,~l solution which would allow the vacation to go forward. He explained that there are a number of requests from the Port and this application needs to be examined in the context of their other requests to view the total picture. He indicated this would take ~,ome time, but a better result would come out of the process. Councilmember Wolpin made a motion that the hearing be continued until June 15,1992 which was seconded by Councilmember Jones and passf~d unanimously by voice vote. Bayvista II Shoreline Conditional Use Permit Application No. 9203- 08 - Nordland Construction. Planner Dave Robison reviewed the packet of information copied for the council to determine that the 4 I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 Cont. councilmembers had a full set. He gave an over view of the proposed project, the procedure to be followed, the applicable laws, and the twel ve conditions recommended by the Shoreline Commission. Councilmember wolpin disclosed that she had a discussion of this project in January with Mr. Wagner of the Department of Ecology when considering the environmental chE!cklist to determine whether the fill required would be a significant environmental impact. Mayor Clise asked if there were any objections with Councilmember Wolpin participating in the subsequent hearing, but none were expressed. Mayor Clise then opened the hearing to the audience. Mark Johnson, the proponent, was recognized and indicated he would be available for questions and to respond to other testimony. Ms. Joan Best was recognized and expressed concern with the lack of ability to walk along the sidewalk adjacent to this property. Katherine Jenks was recognized and read a letter that she wrote to the council opposing the proposal in order to preserve the remnant of the bluff on thl:! site. Joe Breskin was recognized and spoke against the proposal because of the cumulative impact. Alma Tia was recognized and spoke against the proposal because of the lack of adequate public access and the unique quality of this little piece of land. Linda Clifton was recognized and asked if, as a member of the Shoreline Commission, she could offer additional testimony. Dennis McLerran ruled that it would be inappropriate for her to testify for or against the proposal. Ruth Short was recognized and spoke in favor of the proposal complaining about the delays caused by the rE~quired procedures now in place. Tim Hudson was recognized and spoke in favor of the proposal because public access would be improvød. He reported that people climb the mound and there is a liability if they were to be injured in a fall. Evelyn was recognized and spoke in favor of the proposal because of the improved appearance and safer pedestrian walkway along Water Street.. Mark Johnson was recognized and reminded the council that the SEPA process was applied to both the Shoreline Master Program and this proposal. He explained that there is only a mile and a half of shoreline out of hundreds of miles in Jefferson County that has this urban designation and expressed the opinion that this mound is not large enough to be considered a wildlife preserve. He submitted that the removal of the Tire store would improve 1the use of the site and that residential use would be more compatible. There being no further testimony, Mayor Clise closed the hearing to the audience and turned the proposal over to the council for disposition. After a lengthy discussion about the density, public access, traffic, parking, landscaping and building height:, Mark Johnson was asked to explain the provisions to separate the public access from the private uses which he did. A common theme in the ensuing discussion was that the proposed development fills the site and lacks adequate open space. Councilmember Sokol made a motion to approve the conditional use permit which was seconded by Councilmember Owsley. Mayor Clise asked the audience if thl:!re was any additional information the council should have before voting. The motion was defeated with five council members voting aqainst, Councilmembers Sokol and Owsley offering the only affirmative votes. RECESS The meeting was recessed at 9:38 PM. The meeting was reconvøned at 9:45 PM Councilmember Camfield requested that the staff prepare findings and conclusions that would support the position of the city council manifested by the last vote and bring them back to the next meeting. She also requested that staff meet with the proponent to determine if there is a less dense project that could be brought back to the city Council. She made a motion to that effec1: which was seconded by Councilmember wolpin. Mr. McLerran explainl:!d that there is a need for findings and conclusions even on a denial. He 5 461 462 MINUTES OF THE REGULAR SESSION OF }~Y 4, 1992 Cont. indicated that if the discussions with Btaff prove fruitful, a comparison against the SEPA review of the present proposal would need to be made. If the proposal is sign:.ficantly different, new hearings would need to be held or be remanded back to the Shoreline Commission. The motion passed unanimously by voice vote. UNFINISHED BUSINES~; ci ty Dock Replacement Councilmember Wolpin reported that the Legislative/Environmental Committee has reviewed the project proposal and is recommending that a declaration of non-significance be made by the council. She explained that there is a right way and a wrong way to use treated pilings and the city will be using the right way. Rick Sepler explained that many mitigating measures are a part of the checklist, so no additional conditions were found to be necessary. councilmember Wolpin made a motion that the council accept the recommendation of the Lf~gislative/Environmental Committee and make a declaration of non-s:Lgnificance for the City Dock Replacement Project. Mr. Wheeler requested authority to call for bids on the project starting May 6, 1992 with the bid opening at 1:30 PM on May 27th. RESOLUTION NO. 92-62 A RESOLUTION OF THE CITY COUNCJL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO BID THE RECONSTRUCTION AND REPAIR OF THE CITY DOCK Councilmember Westerman made a motion 'that the council adopt Resolution No. 92-62 which was seconded by Councilmember Owsley and passed unanimously by voice vote. Revision to Conditional Use Permit 9112-03 - City of Port Townsend Mr. Wheeler explained that it is proposed to revise condition No. 5 of this permit on the staging area near the Sewer Treatment Plant to allow the removal of one dead tree frclm the site that poses a hazard. councilmember Owsley made a motion that the council approve the following wording change to condition #5 which was seconded by Councilmember Jones and passed unanimously by voice vote. " . . . No trees other than the existing dead cedar will be removed from the site." Home Occupation Permit Application No. 9108-02 - Joan Best Mr. Hildt reminded the council that at their mE!eting of April 20, 1992, the council approved this application and asked staff to prepare findings and conclusions consistent with that action. He pointed out that the council received a letter from Joan Best dated May 1, 1992. A discussion ensued on the restriction for advertising. Councilmember Westerman made a motion 't:o adopt the following findings, conclusions, and conditions which was seconded by Councilmember Owsley and passed by voice vote with two councilmember abstaining, Councilmember Camfield and Jones. Councilmember Sokol voted against the motion. Findings of Fact 1. The permittee, Joan Best, holds a Home occupation permit to operate certain businesses from her rented home at 600 Hudson Place. The subject residence is located on site A of the Judi th Johnson Survey. The businHss includes counseling services, legal services and the administration of two non- profit corporations. The business u::;e was authorized by the ci ty Planning and Building Department by a home occupation 6 I I I I I 5. I 6. 7. MINUTES OF THE REGULAR SESSION OF MAY 4,1992 Cont. permit issued on August 8, 1991, (revised August 13, 1991) pursuant to section 17.64.045 of the Port Townsend Municipal Code. 2. The permittee applied for a home occupation permit on August 6, 1991. The application specified that business activities would include a law practice, counseling, desktop publishing and administration of two non-profit corporations. The proposed business would employ two employees, and operations would later include use of the attached garage for office space. The business was estimated to generate traffic from approximately three clients per day with an occasional board meeting. The home occupation was approved with conditions and restrictions on August 8, 1991. (See letter and application marked Exhibit A.) 3. The permittee submitted a revised application on August 12, 1991, to include group meetings in addition to those acti vi ties which were previously requested. The revised application also included a more detailed site plan showing increased parking availability. (See letter and application marked Exhibit B.) The revised home occupation perrni twas issued on August 13, 1991, with conditions: "1. No more than three non-residential vehicles (clients, off-premises business associates, non-resident employees etc.) may visit the business at anyone give time. 2. Pursuant to chapter 17.30 (off-street parking) of the Port Townsend Municipal Code, three off-street parking spaces are required. 3. The applicant shall examine the home occupation criteria carefully to ensure that the business continues to meet all of the listed requirements. If the business is found to be in violation of these requirements the home occupation may be reviewed during a public hearing. 4. It is the sole responsibility of the applicant to ensure that the home occupation is in compliance with all covenants of the Judith Johnson Plat.1I 4. The subject site is located within the Judith Johnson Survey which is a small neighborhood within the Point Hudson District. The residence is served by Hudson Place, the northeasterly 388 feet of which is a private road which terminates in front of the site. The permittee estimates that the floor area of the office space is approximately 324 square feet. The garage provides enough space for two 9 X 19 off--street parking spaces. James Tavernakis, owner of the subject house, also owns Lots E and F located to the southeast of the subject property. Harry S. Hurlburt, a neighboring property owner, contacted the Planning and Building Department on December 9,1991, to state his opposition to the permit. Mr. Hurlburt raised qm~stions concerning access to the subject residence, and stated his feeling that due to the fact the access road was private the permi t should not have been granted. Mr. Hurlburt also stated 7 463 464 8. 9. 10. 11. 12. 13. 14. MINUTES OF THE REGULAR SESSION OF }~Y 4, 1992 Cont. that the permit was contrary to the private covenants placed on the subject property. As provided in Section 17.64.045, thE! permit was referred to the Planning commission for review and hearing. The permittee states in her letter dated March 13,1992, that she would like to continue her legal" counseling and desktop publishing services at the subject :residence; conduct group therapy and workshops one or two times a year; and continue developing computer software. In her letter, Ms. Best estimates that the maximum number cf client visits to the house may reach 15 per week (30 vehicle trips). ci ty Attorney Dennis McLerran, in a mlamorandum dated March 6, 1992, advised that "Private covenants are not a consideration of local government unless the City is a party to the covenant." He further advised that "The home occupation provisions allow low intensity useB to be established in existing buildings and do not specify any particular street requirements." At its meeting on March 12, 1992, b:{ a split 3-2 vote, the Planning commission recommended to the City Council that the Home Occupation Permit be revoked. No written findings and conclusions were prepared. section 17.64.045 (D) of the Port Townsend Municipal Code, which provides for City Council review of Home Occupation permi ts, states in part that the Council shall review the Planning Commission's recommendatic,n and may, by formal action, accept the recommendation as submitted, or, upon notice, may conduct its own public hearing and render its own findings, conclusions and decisions. On April 20, 1992, the City Council ccnducted a public hearing on the permit. The following additional exhibits were submitted: Exhibit C A photocopy of the Judith Johnson Survey marked with current mmership. (1 page) Exhibit D A table submitted by the permittee listing client trips to the :residence from March 16, through April 19, 199:L (1 page) A plot plan of the subject property submitted by the permittee. (1 page) Exhibit E Exhibit F A floor plan of the subject residence submitted by the permittee. (1 page) Exhibit G A copy of the Judith ,rohnson Survey, recorded July 6, 1983, submitted by Judith Johnson. (Auditor's no. 283324, 1 page) A table submitted by ]~r. Hurlburt of a log of neighborhood traffic t~rips observed by him and his wife from March 15 through April 20,1992. (1 page, two-sided, back-to-back) Exhibit H The estimates of traffic generation ::rom the home occupation provided by the permittee, together with the logs of recent client visits and neighborhood traffic (see Exhibits D and H) indicate that the home occupation is not likely to generate traffic volumes which are significani:ly greater that the ten mean vehicle trips generated per day to and from a detached, single-family residence. (Transportation and Development, 8 I I I I I I 15. 16. 17. MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 Cont. Insti tute of Transportation Engineers, Prentice Hall, Englewood Cliffs, New Jersey, 1988.) It was the testimony of the permittee that the overwhelming percentage of her business contacts are either by telephone or through the mail. At the hearing on April 20, neighboring property owners expressed concerns about increased traffic, reduced privacy, and loss of tranquility. One stated that he purchased the property with the expectation that the neighborhood would be private with restricted public access. No evidence was presented of any violation of either the home occupation provision of the Port Townsend Municipal Code (SE~ctions 17.08.215,17.16.010, and 17.64.045) or the conditions of the permit. Testimony at the hearing and facts in the record es1:ablish that the permittee advertises several of the enterprises which she operates on the premises through newspapers and the telephone Yellow Pages. These ads generally contain the address of the home occupation. The traffic survey presented by Mr. Hurlburt and the testimony presented by opposing neighborhood property owners established that additional traffic into the neighborhood which involves non-residents who drive in, turn around and then drive away does occur. Neighboring property owners expressed their belief that some of these additional trips are in response to the permittee's advertising in which the address is published. Conclusions 1. 2. 3. 4. 5. The operation of the home businesses at the subject property is in conformance with the intent and prescribed conditions of the city home occupation ordinance cited above. The desired exclusivity of the neighborhood as expressed by some neighboring property owners is not a criteria for denial of a home occupation permit. The existing and projected traffic and parking generation from the home occupation use are not expected to cause 1:raffic hazards or parking problems on adjacent rights-of-way.. The permitted home occupation use is not expected to affect the use or enjoyment of adjacent properties, or adversely affect the character of the neighborhood. Because their is legitimate concern that advertising by the permittee generates unnecessary traffic trips in1:0 the neighborhood, and since the permittee testified that the vast majority of her business contacts are initially by telephone or by mail, it is appropriate to limit the advertisements published by the permittee to not include the home address. Conditions: The address of the subject property shall not be includHd in any advertising published, distributed or broadcast 1:0 the general public after the date of this decision. RESOLUTION NO. 92-63 RESOLUTION ADOPTING SOOKE, BRITISH COLUMBIA, CANADA AS SISTER-CITY TO PORT TOWNSEND Councilmember Sokol made a motion to adopt Resolution No. 92-63 which was seconded by Councilmember Owsley and passed unanimously by voice vote. 9 465 466 MINUTES OF THE REGULAR SESSION OF 1~Y 4, 1992 Cont. MAYOR'S REPORT Mayor Clise reviewed the weekend festivitJ.es planned to celebrate the bicentennial. Data on the cost of the Haller Fountain repairs is still being gathered. Appointment of Randy Maag to the Planning Commission Councilmember Sokol reported that the reason he requeHted the opportunity to discuss this appointment is because thE~ work of the Planning Commission is vital to the operation of the city. He stated that he is opposing this appointment because Mr. Maag has never owned or rented property in town. After a brief d:_scussion, Councilmember Westerman made a motion to approve the appointment which was seconded by Councilmember McCulloch and passed by voice vote with six councilmembers voting in the affirmati~e. Councilmember Sokol voted against the motion. The Mayor indicated that he plans to be out of town from the 19th to the end of the month. COMMITTEE/STAFF REPOHTS Free Bicycle Program Contract and Approl:>riation Councilmember Owsley explained that the council voted to pay for the insurance for one year of this program last year ar..d as a result she feels obligated to recommend approval of an apprc,priation this year since it did not happen last year. She reported that she asked for other quotes for insurance to be obtained and t.hat the contract amount not exceed $2,500. She emphasized that this is for one year only. She made a motion that the city pay a contract fee equal to the insurance premium not to exceed $2,500 which was seconded by Councilmember Camfield and passed unanimously by voice vote. Legislative/Environmental Councilmember '~olpin reported that the Legislative/Environmental Committee has reviewed the environmental checklist on the.Levy Rezone Application and determined mitigating measures considered to be in order. She made a motion that the council issue a mitigated declaration of non-significance on this proposal which was seconded by Councilmember Camfield and passed unanimously by voice vote. Adhoc Committee on Council Meetings Councilmember Wolpin reminded the council that she submitted a report dat:ed April 16, 1992, which included a number of suggestions to improve council meetings. She reported that she has had no response tc their recommendations. Councilmember Owsley suggested that "Councilmember's General Discussion" be removed from the agenda in the interest of shortening the meetings. Support was expJ:-essed for leaving it on wi th the understanding that there is no obligation to discuss anything at that time. It was consensus that these recommendations would be implemented on a trial basis without formal adoption. Finance Councilmember Owsley reported that the committee is not recommending the use of Hotel/Motel Transient Tax to finance a fireworks display. Mayor Clise reported 1:hat he checked with the City Attorney and this would not be an appropriate use of these funds. Police/Fire/Animal Control Councilmember Sokol reported that he participated in the interview of four candidates for the Animal Control Officer being hired by Jefferson County and Bonita Flag, the person currently working in the position, was selected. He announced a meeting of the committee for 5:00 PM on May 20th at City Hall. Legislative/Environmental Councilmember Wolpin announced a Legislative/Environmental Committee meeting on May 12, 1992, at 10 I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 Cont. 5:00 PM in City Hall to discuss the issues of smoke and burning and SEPA reviews for Thurston and Duncan. Parks and Property Councilmember Camfield reported that the committee has met twice to discuss the carousel and are trying to work with the association to locate an appropriate site. Councilmember McCulloch explained that it will take some time to evaluate the impacts at the various sites proposed. Transportation Steering Committee Councilmember Westerman reported that this committee recently met to consider street standards and financing. City Attorney Dennis McLerran reported that the Levinsky property purchase has been completed. He is working with the department of Planning and Building on the Environmentally Sensitive Area ordinance. The Planning Commission is having workshops on May 21 and 28th on the draft. Clerk-Treasurer David Grove reported that the first billing from the new computer equipment came off the printer late this afternoon. The new sewer ordinance together with the addi,tional digi t now showing for the water reading caused the programmers fi ts. He announced the reopening of the public restrooms next door to the Police Station the previous Friday, but explained that they are already closed due to vandalism. He discussed the activities underway to prepare for the revenue bond issue to pay for the improvements to the wastewater treatment plant. In responsl3 to a question from Councilmember Westerman, Mr. Grove explained that he and the Mayor discussed the application of the penalty in view of the fact that the bills are going out late. It was their deGision because of the extenuating circumstances that no penalty would be charged this month only. Public Works Director Robert Wheeler reported that the city's portion of sidewalk work on Monroe street adjacent to Memorial Field is complete. He announced that an informational document explaining the new rates is being prepared. AvoidanGe of filtration will require adherence to a strict schedule of other activities which is currently being prepared by the DepartmEmt of Heal th. He reported that meetings are being held with the Department of Ecology to maximize the grants for the wastE~water treatment plant. Meetings are continuing on the Chelan AgrE~ement and he outlined the subcommittee membership and city represen1:ation contemplated. Director of Planning and Building Michael Hildt reported that the Gateway Project is under consideration by the Planning Commission. He reported on a meeting with representatives from the state Department of Transportation 'about the plans and was encouraqed by their support. NEW BUSINESS Resolution and Ordinance on Public Disclosure Councilmember ~lo1pin explained that the proposals about reporting on campaign financing before the council have been prepared in consultation with thE~ City Attorney. Mr. McLerran explained that he worked with the staff of the state Public Disclosure Commission in the preparation of the drafts. Councilmember Owsley expressed reluctance to support these proposals because she believes it will discourage qualified candidates. Councilmember Jones agreed explaining that people can still go to Olympia and find out if they really want to know. Councilmember Sokol reminded the council that during the last election this information did come out in the newspaper so it is obvious that it is available. Councilmember McCulloch expressed support for the proposals pointing out that we are near the threshold when it will be required anyway. Councilmembers 11 467 468 MINUTES OF THE REGULAR SESSION OF ~AY 4, 1992 Cont. Westerman and Camf ield expressed support indicating that it is already required of all other jurisdictions within the community. RESOLUTION NO. 92-6,t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND PETITIONING THE PUBLIC DISCLOSURE COMMISSION TO MAKE PROVISIONS OF RCW 42.17 REQUIRING CANDIDATES FOR ELECTIVE OFFICE TO DISCLOSE CAMPAIGN FIN~NCING TO THE PUBLIC DISCLOSURE COMMISSION AND THE JEFFERSON COUNTY AUDITOR APPLICABLE TO THE: CITY OF PORT TOWNSEND Councilmember Wolpin made a motion ttlat the council adopt Resolution No. 92-64 which was seconded by Councilmember Camfield and passed by voice vote with four counc.ilmembers voting in the affirmative. Councilmembers Owsley, Sokol and Jones voted against the motion. ORDINANCE NO. 2298 AN ORDINANCE CREATING A NEW CHAPTER 2. 78 OF THE PORT TOWNSEND MUNICIPAL CODE REQUIRING FILING OF PUBLIC DISCLOSURB COMMISSION ELECTION AND CAMPAIGN FINANCII~G DISCLOSURE REPORTS FOE ELECTED OFFICIALS ~ND CANDIDATES FOE ELECTIVE OFFICE LOCALLY WITH THE JEFFERSON COUNTY AUDITOR 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 se,:::onded by Councilmember Camfield and passed by voice vote with four councilmembers voting in the affirmative. Councilmembers owsley, Sokol, and Jones voted against the motion. Mr. Grove again read the ordinance by title. Councilmember McCulloch made a motion to adopt the ordinance which was seconded by Councilmember Wolpin and passed by roll call vote with four councilmembers voting in the affirmative. Councilmembers Owsley, Sokol, and Jones voted against the motion. EXECUTIVE SESSION Mayor Clise recessed the meeting into exeC1.:.tive session at 11: 11 PM to consider land acquisition. He requeste:i the presence of Dennis Mc+-erran, Robert Wheeler, and David Gr,:>ve. The meeting was reconvened at 11:35 PM RECESS Ther.e being no further business schedull~d for this night, but hearings and other business to be taken up on May 11th, Mayor Clise recessed the meeting until 7:00 PM on May 11,1992. MINUTES OF CONTINUED REGULAR SESSION OF ID~Y 4, 1992 The City Council Regular Session of May 4,1992, was reconveneq at 7:00 PM on this 11th day of,,~y, 1992, at 7:pO PM if} the Coupcil Chambers of City Hall, MayorJQhn C. Clise p~esidin~. ' ROLL CALL Councilmembers present at roll call WerE! Jean Camfield, Sheila westerman, Vern Jones, Norma Owsley, Robert. Sokol, Julie McCulloch, and Cindy Wolpin. Also Present were ci i:y Planner Rick Sepler, Director of Planning and Building MichaE!l Hildt, City Attorney Dennis McLerran, Public Works Director Robert Wheeler and Clerk- Treasurer David Grove. 12 I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 Cont. PUBLIC HEARINGS Forest Park Planned unit Development. Rick Sepler was rec09nized and distributed a response from the applicant to the concerns expressed at the first public hearing. He then reviewed th'9 list of information distributed to the city council prior to this meeting. He then reviewed further background to the application, an overview of the project as now proposed, and the planned unit development approval criteria. Jack Westerman, Jefferson County Assessor was recognized and was asked to respond to the concern of , . . effect on surrounding property values of apartments and condomlnlum projects. He explained that no one can state with certainty that property values will not be affected positively or negatively. He indicated that some of the most important considerations are how it is maintained, scale, and how architecturally compatible it appears. Mr. Westerman reported that property value around the Marine Plaza apartment building has had no negative reaction and he considered this comparable but with less protection t.hrough covenants. He pointed to Kala Point, Clariage Court, and Port Ludlow as good mixes. Mayor Clise noted that Councilmember Cindy Wolpin had excused herself from the meeting at the start of this discussion for reasons previously stated. Mayor Clise then opened the hearing to the public for comment on the changes, but none was offered. Mayor Clise then calle!d upon Bill Massey, the proponent, who reminded the council that a they issued mitigated declaration of non-significance on this proposal. He read a letter date May 7, 1992, from Michael Anderson, an engineer for Northwest Territories, to Mark Saugan indicating that the proposed setback of the building from the ravine is sufficient to comply with the Uniform Building Code and the condition set forth in the mitigated declaration of non-significance. Mayor Clise closed the hearing to the public at this time and turned the application over to the City Council for disposition. A discussion ensued about the number of units which could be constructed without a planned unit development, improvements needed to Grant Street and funding of the same, timing of the project, occupancy, parking requirements, the effect on Sims Way tJcaffic, whether these will be affordable housing units, use of the :ravine, and the surface on the walkway. It was noted that there! are a number of changes needed to the draft findings and conclusions. A discussion ensue on the best way to document the requirements for surface and base of the walkways and slides which would be incorporated into the agreement. Mr. Hildt suggested that prints be made from the appropriate slides so that they can become specific exhibits. He explained that the finer detail of the wording to the findings, conclusions, and condition can be worked out and returned to the council if their desire is to approve the request. After further discussion of what those change!; might include, Councilmember Camfield made a motion to approve Planned unit Development Application No. 9108-03 which was seconded by Councilmember Westerman provided all the changes discussed are incorporated into the project. Mayor Clise re-opened the hearing to the audience. Katherine Jenks was recognized and suggest.ed that the ravine is an environmentally sensi ti ve area that is being affected by this project. The motion passed unanimously by voice vote. RECESS At 8:23 PM, Mayor Clise declare a recess. The meeting was reconvened at 8: 28 PM. Councilmember Wolpin returned to the council chambers with the rest of the City Council. 13 469 470 MINUTES OF THE REGULAR SESSION OF ~~Y 4,1992 Cont. PUBLIC HEARING Street Vendor Ordinance. Mr. Hildt reviewed the history of the dilemma connected with this acti vi ty and he and Mr. McLerran explained the most recent changes to the draft of the ordinance. Mayor Clise opened the hearing to the public. Michael Beckham was recognized and suggested changes to tl1.e ordinance including requirements that the carts have a welded metal frame and further suggested that the finish not only address color, but also material and stain. Mr. Hildt explained that his intent was to keep this as simple as possible to administer. Bob Ri,:ard was recognized and supported the request that natural wood finishes be allowed. A discussion ensued about the fees and charge s and unmanned displays. ORDINANCE NO. 2296 AN ORDINANCE RELATING TO BUSINES:3 LICENSES AND REGULATION; REGULATING STREET AND SIDEWALK VENDORS, TAKE-OUT WINDOWS AND DISPLAYS OF MERCHANDISE ON SIDEWALKS OR STREETS AND ADJACENT TO STREETS OR SIDEWALKS; ADDING A NEW CHAPTER TO TITLE 5 OF THE :?ORT TOWNSEND MUNICIPAL CODE (PTMC) ; AMENDING SECTION 3.36.015 OF THE PORT TOWNSEND lillNICIPAL CODE TO ESTABLISH FEES FOR STREET VENDORS AND ESTABLISHING AN EFFECTIVE DATE. Mr. Grove read the ordinance by title which constituted the second reading. Councilmember McCulloch pointed out that she operates a business which sells one of the productn which is also sold on vending carts and wanted to know if anyc,ne has objection to her voting on this legislative matter. None was expressed. Councilmember Wolpin made a motion that. the second reading be considered the third and the third also bE! by title only which was seconded by Councilmember Sokol and pas~:ed unanimously by voice vote. Mr. Grove again read the ordinance by title. councilmember Wolpin made a motion to adopt Ordinance No. 2296 which was seconded by Councilmember Camfield. Mayor Clise re-opened the hearing. Bernie Arthur was recognized and questioned whether the city can control this use. Mr. McLerran explainej that this ordinance is well within the city's rights. The motion passed unanimously by roll call vote. COMMITTEE/STAFF REPORTS Finance Committee. Councilmember owsley élnnounced a meeting of the Finance Committee for May 13, 1992, at 5:00 PM in order that the commi ttee may receive an update on the budget and discuss the request for a pump from the Fire Departm ~nt. Legislative/Environmental Committee. A è.iscussion ensued about a declaration of non-significance on the checklist submitted for the Rosewind Planned Unit Development. Rick Sepler explained that if the council wanted to consider it at tt.eir next regular meeting instead, it will not halt the public h,earing being held by the Planning Commission later in the wee]{. Councilmember Sokol requested a map which would clearly show 1:he proposed streets which would be vacated under this proposal. Public Works Director. Mr. Wheeler reported that the construction of the wastewater treatment plant is weL- underway and problems in the neighborhood have been kept to a min:Lmum. He reported that he went to Portland to negotiate a comp:_iance schedule to avoid filtration and will give a detailed ]~eport on May 18th. He indicated that they have a preliminary okay from Jefferson County on the location for the biosolids facility. 14 I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 4, 1992 Cont. Tree and Brushing Committee Appointments. Mayor Clise announced the appointments of Ed Barcott, Shirley Beard, Linda ChaCE!, Kate Jenks, and Jacqueline Rickard to the Tree and Brushing Com~ittee. ci ty staff on the committee were proposed to be Robert Wheell~r, Jim Orsborne, Carl Johnson, Francesca Franklin, and CounciJLmember Sheila Westerman. Councilmember Owsley made a motion to approve the appointments which was seconded by Councilmember Sok.ol and passed unanimously by voice vote. Agendas for continued Meetings. Councilmember Wolpin requested that an agenda go out on continued meetings so that the council will fully understand items which will be discussed. ADJOURNMENT There being no further business, Mayor Clise declared the meeting adjourned at 9:15 PM. Mayor Attest: M~ City Clerk 15 471 472 I I I 473 I I I 474 I I I 475 I I I 476 I I I 4-11 I I I