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HomeMy WebLinkAbout11/16/1992 128 MINUTES OF THE REGULAR SESSION OF NOVEMBER 2, 1992, Con.t. ADJOURNMENT There being no f~rther adjourned at 9:23 PM. . Attest: ~~ - Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF NOVEMBER 16, 1992 The City counci 1 of the Ci ty of Port Townsend met in regular session this Sixteenth day of November, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presidinq. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Wester~lan and Cindy Wolpin. Also present were Clerk-Treasurer David Grove, Director of Planning and Building Michael Hildt, City Engineer Randy Brackett and Public Works Director Robert Wheeler. COUNCILMEMBERS DISCUSSION The Council discussed the process of RCW 35.63, which became effective on June 11, 1992, relating to the imposition of moratorium or interim zoning by City Councils. PUBLIC COMMENTS Warren James Westall was recognized and explained that Skookum Jump Rope Company is applying for a Department of Community Development Block Grant of approximately $500,000 to build a new facility. The block grant is being sponsored by Jefferson County and the Port of Port Townsend and he is asking for a resolution from Council in support of the project. CONSENT AGENDA Councilmember Jones made a motion to approve the following it:ems on the Consent Agenda which was seconded by Councilmember Sok.ol and passed unanimously by voice vote. Approval of the following Bills and Claims: Current Expense Street Library Park Emergency Medical Services Waste Water Treatment Plant Const City Dock Reconstruction Local Improvement District #1 FAUS Construction Project community Development Grant Water-Sewer $ 47,208.06 5,352.39 161.21 1,083.30 3,881.56 432,320.39 117.30 452.22 1,455.39 2,648.92 135,000.52 I I I I I I MINUTES OF THE REGULAR SESSION OF NOVEMBER 16, 1992 storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 20,747.65 15,215.72 282.50 $ 665,927.13 Adoption of Resolutions: Water Latecomer Agreement/Baker. RESOLUTION NO 92-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A WATER LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Glenn and Cindy Baker have agreed to construct a 6-inch watE!r line in 10th Street, from Price to Eugene Streets, and in Eugene 90' from 10th in Hadlock, within the service area of the City of Port Townsend. Water Latecomer Agreement/Morgenstern. RESOLUTION NO 92-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A WATER LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Sheryl Morgenstern and Tim Lamberton have agreed to construct a 6- inch water line in Holcomb street from 29th Street to and t:hrough the contractor's property (684 feet) within the service area of the City of Port Townsend. Water Latecomer Agreement/Streator. RESOLUTION NO 92-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A WATER LA~ECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Marla A Streator has agreed to construct a 6-inch water line in 51st Street from Jackman to Gise Streets within the service area of the City of Port Townsend. Communications: A letter from Slade Gorton, united States Senator, reqarding implementation of additional regulations under the Safe Drinking Water Act was copied for Council. A letter dated October 28, 1992, from David A Grove to Gordon L Meling, President, Superior Refuse Removal, Inc, as notification that the City wishes to institute the yard waste collection program effective January 1, 1993, was copied for Council. A letter dated November 2, 1992, from John M Clise to David Goldsmith, Director of Community Services and Gary Rowe, Budget Manager, Jefferson County, requesting a list of the budgeted increases in the County Budget in each service which have exceeded 7% over the previous year and a narrative explanation of leach to give a start on the level of service discussions was copied for Council. 129 130 MINUTES OF THE REGULAR SESSION OF NOVEMBER 16, 1992, Cont. A letter dated November 6, 1992, from Douglas W Long, Program Director, Section 8 Existing Housing, Emclosing the proposed Family Self-Sufficiency Program Action Plan for Jefferson County was copied for Council. This concludes the Consent Agenda. Resolution supporting Community Development Block Grant. RESOLUTION NO 92-106 A RESOLUTION SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION OF JEFFERSON COUNTY AND SKOOKUM EDUCATIONAL PROGRAMS TO ESTABLISH A MULTI-FACETED TRANSITIONAL CENTER FOR THE DISADVANTAGED PEOPLE OF OUR COMMUNITY. Mr Hildt explained the resolution. After a lengthy discussion of the site in relation to the shoreline, Councilmember McCulloch made a motion that the Council adopt Resolution No 92-106 which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Councilmember Camfield did not take part in any discussion or vote on this resolution. PUBLIC HEARING James McCarron Setback Variance 9208-01. Mr Hildt reviewed the findings, conclusions and conditions of the Planning Commission in favor of the variance. Mayor Clise opened the hearing to the Public. There being no testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. After discussion, Councilmember Sokol made a motion that the Council adopt the following findings, conclusions and conditions and grant Variance No 9208-01 which was seconded by Councilmember Jones and passed unanimously by voice vote. Findings: 1. The applicant proposes to construct a medical clinic with an 8-foot front setback in the R-III zoning district. The Port Townsend Municipal Code (17.20.010) requires a 20-foot front yard setback. Therefore, a variance application is required. 2. The applicant has requested a setback variance to determine the viability of the site. No specific proposal or project configuration has been submitted for consideration at this time, and all references to a particular site design are conceptional only. 3. The subject property is located on the eastern one-half (Lots 1-4) of Block 209 of the Eisenbeis Addition to the City of Port Townsend. 4. The subject property is bordered to the west by a three-story apartment building, across 9th Street to the north by a residence, to the south by a duplex building and across Sheridan to the east by the Jefferson County Hospital. The subject property consists of 20,000 square feet (200" x 100") . The site is currently vacant. 5. The surrounding residentially-zoned property appears to be developed with 20-foot front setbacks. However, a C-II zone is located two blocks to south of the subject property and buildings in the zone are built up to or near the property line, and the hospital which is located in the P-I zone is built to approximately a 15-foot setback to Sheridan. I I I I I I 6. MINUTES OF THE REGULAR SESSION OF NOVEMBER 16,1992, Cont. The applicant, in conceptual drawings submitted wi1:h the application, proposes to build a single-story medical clinic with a 15-foot setback from 8th street, a 5-foot setback from 9th Street, a 45-foot rear setback and an 8-foot front setback from Sheridan Street. The clinic is proposed to be 5,600 square feet in building area, with 28 parking spaces. 7. The visibility of on-coming northbound traffic on Sheridan from eastbound traffic on 9th street may be impaired if the building is built with a 5-foot setback to 9th Street. A5- foot setback from 8th Street would not have the same impact on visibility. 8. The 3-story apartment building, located to the west, is approximately 20 feet from the property line. The applicant proposes to locate the proposed single-story building eight feet from the Sheridan Street right-of-way to provide a buffer of light, space and air between the two buildings, scrE~en the parking from Sheridan Street, and provide easy access to the hospital for clinic patients. The applicant states that the project would be constructed on a residential scale and would provide indentations in the building footprint to allow visual relief from the linear appearance of the project from Sheridan street. 9. 10. The applicant also proposes to create a "drop-off zone" in front of the proposed clinic within the Sheridan Stree1: right of way. The drop-off zone has not been approved or rE~viewed by the Public Works Department. 11. If a structure is constructed on the site with a 5-foot northern side setback, visibility of on-coming nor1:hbound traffic from 9th Street will be impaired. 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. Due to the proximity, height and bulk of the adjacent apartment building to the west, the need for an additional buffer constitutes special conditions or circumstances which exist on the site. Therefore, a literal interpretation of the provisions of Title 17 would deprive the property owners of the rights commonly enjoyed by other properties similarly situated in the same district. 3. 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. wi th the conditions prescribed below, the granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject ~roperty is situated. 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 the reasonablE! use of the land. 6. The granting of the variance would be in harmony with the general purpose and intent of Title 17 (Zoning) of the Port Townsend Municipal Code. 131 132 MINUTES OF THE REGULAR SESSION OF NOVEMBER 16,1992, Cont. In consideration of the findings and conclusions listed above, the City Council approves the above-referenced application as conditioned: 1. If the subject lots are developed with other than a one-story health care building, this variance shall automatically become null and void. 2. Visibility from 9th Street shall be preserved by reserving a minimum 15-foot setback from 9th Street. 3. The proposed use shall comply with these findings, conclusions and conditions. In case of any conflict, conditions shall prevail over findings in interpreting or applying the same. UNFINISHED BUSINESS Resolution to Award Bid for Fire Protection for City Dock. RESOLUTION NO 92-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO AWARD THE BID FOR THE FIRE SYSTEM FOR THE CITY DOCK. Mr Brackett explained the resolution. Councilmember Camfield made a motion that the Council adopt Resolution No 92-107 which was seconded by Councilmember Jones and passed unanimously by voice vote. Marine Survey Contract with Larry Montgomery. RESOLUTION NO 92-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH MONTGOMERY MARITIME SURVEY FOR MARINE SERVICES RELATED TO CITY DOCK DAMAGES. Mr Brackett explained the damage to City Dock and the resolution. Discussion of issues concerning maintenance of the dock including Mr Wheeler and Mr Montgomery ensued. Counci1member Jones made a motion that the council adopt Resolution No 92-108 which was seconded by Councilmember Sokol and passed unanimously by voice vote. City Dock Program. Mr Brackett discussed the most recently revised plan, estimate of costs and sources of funding for City Dock and the Pope Marine Building renovation. Memorandum Of Understanding with the US Forest Service. Mr Wheeler reported on the progress with the Forest Service on the Watershed Control Program and discussed a draft Memorandum of Understanding. A few comments by the Council ensued. MAYOR'S REPORT Mayor Clise reported that the 1993 Preliminary Budget is available to the public and reminded Council that there will be a Public Hearing on the 1993 General Funds Budget on November 23, 1992 and the 1993 Public Works and CIP Budgets on November 38,1992. I I I I I I MINUTES OF THE REGULAR SESSION OF NOVEMBER 16,1992, Cont. COMMITTEE REPORTS/STAFF REPORTS Parks/Property/Gateway Triangle Park. Councilmember Camfield reported that a joint meeting was held with the Parks Board to discuss Gateway Park and that there was a work party on November 15, 1992. Mr Wheeler reported on the work done by the volunteers in the work party; that topsoil will be delivered Novembl3r 18, 1992, and that there will be people planting starting at 8:00 AM on November 22, 1992. A brief discussion of the work that has been done ensued. Street/Storm Drainage/ Light. Councilmember Jones reported that the Committee met and discussed the street problem at F and Cherry Streets and have requested comments by the Public Works and Police Departments about the possibility of a 4-way stop at that intersection. The Committee has requested Public Works to send a letter to Allan and Barbara Engler explaining why their stree!t will not be resurfaced. Mr Wheeler explained the donation of wildflower seeds by the Port Townsend Garden Club; that pictures will be taken by thl3 Club during the blooming season and entered in the State Highway Beautification Award Contest; and that a letter of thanks will be sent by Mayor Clise. Tree and Brushing Committee. Mr Wheeler reported on several issues being dealt with by the Committee and the on-going discussion with puget Power. A sub-committee of the Committee has put together a draft Environmental Checklist for a non-project SEPA for the! puget Power Vegetation Plan. Legislative/Environmental. Councilmember Wolpin set a meeting of the Committee for November 24,1992, at 5:00 PM to review thE! State Environmental Policy Act checklists for North Sound Bank and for the Cunningham re-zone of two lots. Community Services. Councilmember Westerman set a meeting of the Committee for November 18, 1992, at noon in the Mayor's Office to discuss the modification of the utility bills. Preliminary 1993 Budget. Mr Grove reported that the preliminary 1993 Budget is the largest budget document the City has produced. Planning and Building. Mr Hildt reported that the Environme~ntally Sensitive Ordinance became effective today, the Procedures Manual is available in draft form, and the forms and procedures are in place. Mr Hildt reported that the county-wide policies are reviewed by the Joint Growth Management Committee which includes Mayor Clise and Councilmembers Owsley and Camfield with the last meeting to be held November 18, 1992, at the Courthouse at 4:00 PM. A resolution for adoption will be on the next Council agenda. Mr Hildt also reported that he will have a meeting on NoveIDÌler 18, 1992, with the State General Administration Department to conclude the purchase of the 5 acre Gateway parcel that has been prev'iously discussed by Council. The Transportation Planning Committee will meet on November 19, 1992, at 5: 00 PM. They have almost completed the Goals and Policies and will then work on some of the arterial issues and street standard issues as well as working with staff on invent:orying existing conditions and assisting with the build-out analysis. They are working with the consultants to get a model of what may actually happen with the arterials and future growth. 133 134 MINUTES OF THE REGULAR SESSION OF NOVEMBER 16,1992, Cont. Point Hudson Planning Committee. }~r Hildt reported that the Committee will be meeting December 3, 1992, on Phase II and the grant to hire a coordinator for Phase II to work toward a Concept Plan. Middle School site Selection. Mr Hildt explained the process of the phased review of the Middle School site Selection and where they now stand. Councilmember Wolpin confirmed that this is a quasi-judicial matter for Council. Wastewater Treatment Plant Construction. Mr Wheeler reported that the construction is about 43% done, approximately $1.6 million in grant monies have been received and approximately $2.9 million have been spent, and gave a report on the current status. Coordinated Water system Plan. Mr Wheeler reported on the all day meeting on November 13, 1992, discussing the coordinated Water System Plan, water supply, yield of the watershed, and issues related to the availability of water. The Coordinated Water System Plan needs to be completed for acceptance by the Department of Health. Mr Wheeler discussed the finalization of the Plan and a Workshop Councilmeeting on January 11,1993, at 7:00 PM, to have a discussion of the Coordinated Water System Plan and the Financial Strategy for 1993. After a discussion of Interim Shoreline Controls Public Hearing also proposed for January 11, 1993, it was the consensus of the Council that the Workshop Councilmeeting be set for January 11, 1993, at 7:00 PM to discuss the Coordinated Water System Plan as well as the Financial Strategy for 1993. Tidal Park. Mr Wheeler noted a letter sent by Dan Harpole to the artists for the Jackson Bequest including a diagram of design for the Tidal Park. Mr Wheeler then explained the process for getting grant applications together. RECESS Mayor Clise declared a recess at 9:00 PM. at 9:05 PM. The meeting reconvened NEW BUSINESS Ordinance Extending Interim Arterial Street Setbacks. ORDINANCE NO 2323 AN ORDINANCE EXTENDING THE INTERIM PROPERTY SETBACKS AND LAND USE CONTROLS ON PROPERTIES IN THE CITY OF PORT TOWNSEND'S COMPREHENSIVE PLANNING AREA BY AMENDING ORDINANCE 2248 AS AMENDED IN ORDINANCE 2284 AND EXTENDING THE EFFECT OF SAID ORDINANCE UNTIL DECEMBER 31, 1992; AND DECLARING AN EMERGENCY. Mr Hildt and Mr Wheeler explained the ordinance. Mayor Clise opened the floor to the public for comments and none were offered. After a lengthy discussion, 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 Camfield and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2323 which was seconded by Councilmember Jones and passed unanimously by roll call vote. I I I I I I MINUTES OF THE REGULAR SESSION OF NOVEMBER 16, 1992, Cont. Ordinance Establishing Interim Shoreline Use Controls. ORDINANCE NO 2321 AN ORDINANCE PERTAINING TO ZONING, ENACTING INTERIM CONTROLS FOR CERTAIN SHORELINE AREAS OF THE CITY OF PORT TOWNSEND, ESTABLISHING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Mr Hildt explained the ordinance. Mayor Clise opened the floor to the public for comments and none were offered. After a lengthy discussion, 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 Wolpin and passed by voice vote with Councillnembers Camfield, Jones, McCulloch, Westerman and Wolpin voting in the affirmative and Councilmembers Owsley and Sokol voting against the motion. Mr Grove again read the ordinance by title. Councilmember Wolpin made a motion that the Council adopt Ordinance No 2321 which was seconded by Councilmember McCulloch. After discussion, the motion passed by roll call vote with Councilmembers Camfield, Jones, McCulloch, Westerman and Wolpin voting in the affirmative and Councilmembers Owsley and Sokol voting against the motion. Ordinance Amending Environmental Protection Ordinance. ORDINANCE NO 2324 AN ORDINANCE AMENDING CHAPTER 19.04 OF THE PORT TOWNSEND MUNICIPAL CODE REGARDING STATE ENVIRONMENTAL POLICY ACT PROVISIONS RELATED TO DEVELOPMENT LOCATED IN ENVIRONMENTALLY SENSITIVE AREAS BY AMENDING SECTIONS 19.04.160 THROUGH 19.04.190, REGARDING SEPA THRESHOLDS AND AMENDING SECTION 19.04.240 TO ADD THE POLICIES OF NEW CHAPTER 19.05 OF THE PORT TOWNSEND MUNICIPAL CODE TO THE SEPA SUBSTANTIVE POLICIES OF THE CITY AND ADDING CLARIFYING LANGUAGE TO SECTION 19.04.250 OF THE PORT TOWNSEND MUNICIPAL CODE REGARDING APPEALS TO SUPERIOR COURT OF FINAL ACTIONS OF THE CITY PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT AND ADDING A NEW SECTION 19.04.280 REGARDING SEVERABILITY. Mr Hildt explained the ordinance. Mr Grove read the ordinance by title. Councilmember Wolpin made a motion that the first reading be considered the second and "the third be by title only which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Sokol" made a motion that the Council adopt Ordinance No 2324 which was seconded by Councilmember Wolpin and passed unanimously by roll call vote. ORDINANCE ADOPTING PROPERTY TAX LEVIES. ORDINANCE NO 2322 AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX LEVIES FOR THE YEAR OF 1993. Mr Grove explained the ordinance and read it by title. Councilmember Owsley 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 135 136 MINUTES OF THE REGULAR SESSION OF NOVEMBER 16,1992, Cont. Owsley made a motion that the council adopt ordinanc~ No 2322 which was seconded by Councilmember Jones and passed unanlmously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION Staff Party for the city. Mayor Clise suggested that a party be held at Public Works after working hours on December 17, 1992. It was the consensus of the Council to go ahead with plans. Cable TV Committee. Councilmember Sokol requested an update on the work being done by the Cable TV Committee. Mayor Clise reported that the last he had heard was that the Committee is continuing to work and seems to be pleased with the progress being made. Bus stop at 9th and Sheridan. Councilmember Jones reported that there is a bus stop at Jefferson General Hospital at 9th and Sheridan with no crosswalk and requested that Public Works look at painting a crosswalk. A brief discussion of the area ensued. ADJOURNMENT There being no further business, Councilmember Jones made a motion to adjourn at 10:26 PM which was seconded by Councilmember Sokol and passed unanimously by voice va Attest: fI1* M~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF DECEMBER 7, 1992 The City Council of the City of Port Townsend met in regular session this Seventh day of December, 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 Work~ Director Robert Wheeler. PUBLIC COMMENTS Kathryn Jenks was recognized and gave a history of "Townsend M~adows" from when it was a ~orse pasture to current use as a dump slte by Nordland Constructlon and noted the complaint she has filed. Ms Jenks requested that Mr Johnson be asked, again, to remove the sod from around the Fir trees, a time limit be set for removal of the debris, soil samples be taken, and that no further degradation take place. Etta Roth was recognized and stated that it is a very sad tragedy that the once beautiful pasture has become a dump site and questioned if personal property rights included the right to make your property a private dump. I I I