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HomeMy WebLinkAbout08/16/1988 28 MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1988 Cont. ORDINANCE NO. 2127 AN ORDINANCE RENAMING A PORTION OF THIRTY-SIXTH STREET AS UMATILLA AVENUE WITHIN THE CITY OF PORT TOWNSEND, AND ESTABLISHING AN EFFECTIVE DATE. Mr. Grove read the ordinance by title. After a brief explanation of the need for the change, Councilmember Clise suggested that thE~ affected property owners be notified about the action proposed and the council delay action until the regular meeting on September 6~ 1988, to allow them time to respond which the Mayor so directed. Mainstreet Program Update. Mr. David Kahley was recognized and announced that he is resigning his position with the Port Townsend Mainstreet Project to take a position with the Bellevue Downtown Merchants Association and advised the city council of the status on the various projects Mainstreet is under contract with the city to complete. I ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 11:20 PM. Attest: ~~ City erk I MINUTES OF THE REGULAR SESSION OF AUGUST 16,1988 The City Council of the City of Port Townsend met in regular session this sixteenth day of August, 1988, at 7:30 PM, in the Council C11ambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers pref'-ent at roll call were Jean Camfield, Karen C11ang, John Clise, Vera Jones, Mike Kenna and Julie McCulloch. Norma Owsley was excused. Also present were Public Works Director Ted Stricklin, City Attorney Keith Harper,. Clerk-Treasurer David Grove, Executive Administrative Assistant/Planner Michael Hildt and Assistant Planner Kevin 0' Neill. PUBLIC COMMENTS Beverly Lamb was recognized and spoke on behalf of the Library Board saying that if the elevator project is not feasible for City Hall, the Library is eligible for use of the funds. CONSENT AGENDA I Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. Approval of the minutes of August 2,1988, as written without reading. Approval of the following bills and claims: Curren;: Expense Street Library Park Arte1;ial Street Emergency Medical Services Capital Improvement Community Development Block GL"ant $ 8,401. 98 4,509.19 2,777.10 313.89 .5,307.71 ,111. 25 6,248.44 82.32 29 MINUTES OF TIlE REGUlAR SESSION OF AUGUST 16, 1988, Cont.. Total 23,770.13 325.90 3,345.20 42.03 $55,235.14 Water-Sewer Storm Equipment Rental Memorial Setting Hearings: I Varim1ce. Application No 8807-05 -Biffle Conditional Use Permit No 8807-01 -Rodgers Variance Application No 8807-02 -Rodgers Front Yard and House Numbering Ordinances Sept 6,1988 Sept 6,1988 Sept 6,1988 Sept 6,1988 Communica tions : A letter from Thomas Deeney, Manager, Department of Health & Human Services dated August 8,1988, was copied for Council stating in October, Social Security appli- cations will be placed on a computer during the interview, so interviews will be conducted in Port Angeles or by telephone. August 30,1988, will be the last reg- ular trip to Port Townsend. A toll-free number will go into effect and be manned from 7:00 AM to 7:00 PM in October. A memo dated August 9, 1988, from Dora J Saylor, President, Pet Protection League, to Mayor Shirley and Councilmembers, was copied for Council commen ting on the animal welfare report from Bayshore Enterprises. This was referred to the Police/ Fire/Animal Control Committee. A lawsuit from John J Sudlow, Jr and Juelanne B Dalzell, filed August 10,1988, was copied for Council on Short Plat Application 8802-01. This \ms referred to the City Attorney. RESOLUTION NO 88-59 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTIlORIZING A lATECOMER UTIL- ITY CONTRACT PURSUANT TO RCW 35.91. James Parker has agreed to construct a six-inch waterline in 7th Street from Dis- covery Road to Hood Street and in Ibod Street from 7th Street to 9th Street. RESOLUTION NO 88-60 A RESOLUTION OF 111£ CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A lATECOMER UTIL- ITY CONTRACT PURSUANT TO RCW 35.91. Peter Paley has agreed to construct a four-inch waterline in the alley, Block 4, Hussey Addition from 25th Street north 286 feet. This concludes the consent agenda. PUBLIC HEARINGS I Variance Application No 8806-02 -Withers. Mr O'Neill reviewed the findings and conclusions of the Port Townsend Plan~ing Commission. Mayor Shirley opened the hearing to the public. Patti Sullivan, Bill Schwilke, Bill Withers, Madge Wallin, Bo Sullivan and Bill Sperry were all recognized individually and spoke in favor of the variance, questioning the need for the variance and suggesting that the comprehensive plan may need to be updated. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. Af ter discussior., Councilmember Clise made a motioc to adopt the following findings and conflusions and approve Variance No 8806-02 which \-Jas seconded by Councilmember Jones and passed unanimously by voice vote. Findings: 1. The applicants have constructed three sets of rose arbors in the front, side, , and rear yards of their existing single family dwelling at 1~,Q6 Franklin ./ Street. Because the applicants were not a\-Jare of the need for a building permit, construction of the arbors commenced without application for a pennit. Consequently, the setback requirements of the Port Townsend Muni- cipal code (17.20.010) were not checked prior to construction. The arbors 30 MINUTES OF THE REGULAR SESSION OF August 16,1988, Cont. -':"cutrently are::-le¿atèd=:directly at the front property line,. the side property ~lff1e.cfacing Harrison Street, and approximately -seven ~feet ftom the. rear. pro- perty line. One set of arbors was also constructed in the City right-of-way in front of the house. These arbors have since been removed. The variance is sought to make the construction conform to the zoning setback requirements so that they may remain as buil t. 2. The subject property is located in the R-III zoning district. The residence ís situated on two lots which total approximately 110' x 110'. The property east of the subject building is zoned R-I, while the rest of the surroundiúg porperty is zoned R-III. The setback requirements for the R-III zoning dis- trict are twenty feet for side and rear yards, and a total of twenty feet for side yards, fifteen feet of which must be on one side. I 3. Unless a variance is granted, the arbors must comply with zoning setback requirements because they meet the definition of "structure" found in the Port Townsend Municipal Code (17.08.475). The definition of "setback" (17.08.435) applies to buildings and uses; while the definition of "use" (17.08.500) includes "structures" as well as "land" or "buildings". 4. Zoning and building enforcement proceedings are suspended until a decision has been made on the variance application. The applicants' residence, the Harry Barthrop House, was constructed in 1886 and is classified as a primary historical strucutre in the desigination of the Port Townsend Historic DistLict. The applicants state that the archi- tecture and scale of the house are unique in Port Townsend and that the arbors "give balance to the vertical 3-story structure of the house". The applicants also state that other examples of such arbors and planting exist throughout Port Townsend. 5. Conclusions: 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. I 2. Because of the unique architecture of the residence and due to the size of the applicant's lot, special conditions exist which do not result from actions of the applicant which are peculiar to the subject property and which are not applicable to other lands in the district. 3. The variance requested would not 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 detrim~ntal to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. 5. The reasons set forth in the above-referenced application justify the grant- ing of the variance and the variance is the minimum variance that will make possible the reasonable use of the land. 6. Because 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, the City Council grants the above-referenced variance. Variæ1ce Application No 8807~03 -Jefferson Transit. Councilmember Jones and Mc Culloch did not take part in the discussion or vote on this application. Mr O'Neill reviewed the findings and conclusions of the Port Townsend Planning Com- mission. Mayor Shirley opened the hearing to the public. Peter Badame, Manager, Jefferson Transit, was recognized and spoke in favor of the variance saying the sign was on the building permit and was hung on pre-existing standards. Everett Tice, a neighbor, was recognized and spoke in favor of the sign and stated how nice the area looks. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After discus- sion which clarified the fact that the variance was for two separate sections:õf the sign code: 1. the placement of the existing sign and 2. the total amount of square footage. Mr Hildt explained that a building permit does not include signage which must have its own permit. After further discussion, Councilmember Camfield made a motion that the Council deny Variance Application No 8807-03 and adopt the following findings and conclusions which was seconded by Council- member Chang and passed unanimously by voice vote. I I I I 31 MI~u~ES OF THE REGUL~R SESSION OF AUGUST 16,1988, Cont. Findings; 1. The applicant has installed a 100 square fnot Si~l at its facility at 1615 Sims Way en ~ sign frame which is attached to the roof of thé structure. The PGrt T~wnsend Municipal Code prohibits roof-mounted signs (17.34.080 B). The applicant is also requesting an additional two-sided sign which would be 4' x 2'. This would bring the applicants total signage up to 116 square feet. Section 17.34.060 of t~e Port Townsend Municipal Code limits the total sign area for a single-occupant commercial building to 100 square feet. A variance is sought from the above-mentioned sections of the zoning code to allow the existing roof-mounted sign to remain and to permit the proposed sixteen square foot two-sided sign to be mounted. 2. The 100 square foot sign which is presently mounted on the building contains the wording "Jefferson Transit" along with the applicant's logo. The sign is wood and is 4 feet high and 25 feet long. The applicant states that the roof bracket on whic:1. the sign is placed was pre-existing, has been "histor- ically the location and placement of signage on the building", and that the existing sign is smaller than the one it replaced at that location. The applicant also maintains that the sign is not detrimental to adjacent pro- pertyowners. 3. The proposed sixteen square foot sign would be mou~ted as a two-sided metal projecting sign with the G::-ey'.:1ound Bus Company logo displayed on both sides. The applicant states that the sign provides "necessary information" and that disallowing the sign would create a hardship to ~1.e travelling public. 4. The subject property is in tile C-II zone at Sims Way and Hancock Street. Sims Way is the najor thoroughfare serving downtown Port Townsend. The area surrounding the subject property is a mix of both commercial and residential. Kosec Funeral Horne and the Bishop Park neig'1.borhood are directly across Sims Way from the facility, while the Castle Hill shopping center is situated to the northeast. The area immediately south of the site is predominately single-family residential. Conclusions: 1. Literal interpretation and strict application of the provisions and require- ments of the sign code would not cause hardship because of unique or unusual conditions pertaining to the specific proper~y in question. Although an economic hardship to the applicant would be c~eated by the removal aId re- location of the existing sign, it seems apparent that a similar sign placed on the building in compHence vIi th the sign code would also serve the appli- cant's purposes. Furthe;anore, if such a sign was 84 square feet or less, the proposed Greyhound sign would be permitted. 2. The granting of tile variance would be materially detremental to other pro- pertyowners in the vicinity to the extent that roof-mounted signs provide greater potential ;:0':- obstruction or distraction for both motorists and adjacent businesses. Accordingly, granting of the proposed variance would doubtless serve as an inducement for future variance requests and be cited as justsificatio:1. for granting same. 3. The granting of ~1.e variælce would be contrary to the objects of this chapter relating to the placement of signs and the reduction of clutter. 4. Because the request does not meet the criteria for variance from the sign code, would be contrary to the purposes set forth by the city council in enactment of the sign code and would by precedent consititute an amendment de facto, the Port Tovmsend Ci~y Council denies the application. COt1JMITTEE REPORTS Legislative/Environmental. Councilmember Kenna made a motion that. the Council make a declaration of non-significance for the environmental chec~~list for Wil- liam Amburn to build a six-unit townhouse in the vicinity of the Texaco Service Station at 1531 Sims Way vlhich was seconded by Councilmember Jones: and passed unanimously by voice vote. 32 MINUTES OF THE REGULAR SESSION OF AUGUST 16, 1988, Cont. Councilmember Kenna made a motion that the Council make a declaration of non- significance for the environmental checklist for David and Kristina Logue to apply for a variance on setbacks for a house to be built on Quincy Street near the bluff which was seconded by Councilmember Jones and passed unanimously by voice vote. Councilmember Kenna set a meeting of the Committee for 7:00 PM on September 6, 1988, to discuss the checklist for Don and Judy Werner in Galleon View Estates. Parks/Property. Councilmember Camfield set a meeting of the Committee for 5:00 PM, August 24,1988, to discuss some concerns of the Park Commission. I Police/Fire/Animal Control. Councilmember Clise commented on an article that appeared in Sunday's paper on drugs in a small town and how the school district set about creating some positive incentives for kids to stay off drugs. He stated he would make sure our school district has a copy of the article and would like to have their comments. Water/Sewer. Councilmember McCulloch announced that we have received some bro- chures from the State with water saving tips and conservation guidelines which are available in City Hall at no charge. Jackson Bequest. Mayor Shirley announced d~e dedication ceremony for the pro- ject on August 27,1988, and invited everyone to attend. Rocky Mountain Program. Mayor Shirley reported on the Rocky Mountain Program he attended in Aspen, Colorado. Some of the subjects discussed were: Effec- tive Learning Principles, The Context of Public Management, Public vs Private Management, Can You Run a Government like a Business, Future Thinking about the 21st Century, Media Relations, Management Styles, Team Building, Ethical Leadership, Physical Policy, Policy Formulation, Hard Choices Facing America, Marketing Public Sector Services, Stratigic Thinking and Stratigic Planning. The seminar was put on by the Center for Improvement of Public Management at the University of Colorado and Mayor Shirley would like other city personnel to go. A project for the group of Washington, Oregon, Colorado and Arizona is to eliminate styrofoam packaging. I UNFINISHED BUSINESS City Hall Elevator. After discussion of Scheme 5 and Scheme 4, Councilmember Jones made a motion to call for bids on Scheme 4 which was seconded by Council- member Camfield. Mayor Shirley made note that this project is not in competi- tion with the Library Construction and since the Council wants to continue to meet in the Council Chamberst-.of City Hall, the Chambers must be handicap-acces- sible. After discussion qf. other alternatives, the motion passed llilanimously by voice vote. This topi~¡will be discussed further at the Retreat on Septem- ber 8,1988, at the GolffCourse starting at 8:30 AM. ORDINANCE NO 2122 AN ORDINANCE VACATING THE SOUTIIEASTERLY ONE- HALF OF COSGROVE STREET, EXTENDING FROM THE EASTERN BOUNDARY OF THE OAK STREET RIGHT-OF- WAY TO A PROJECTION OF THE SOUTHWESTERN BOUN- DARY OF LOT 5, BLOCK 6, PETTIGROVE'S FIRST ADDITION TO THE CITY OF PORT TO~JNSEND; ESTAB- LISHING CONDITIONS TO THE VACATION AND AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Kenna 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 Kenna made a motion that the Council adopt Ordinance No 2122 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. I 38 MINUTES OF THE REGULAR SESSION OF AUGUST 16,1988, Cont. ORDINANCE NO 2117 I AN ORDINANCE APPROPRIATING THE Sillf Df$2, 790 TO THE CURRENT EXPENSE OFUND, $4, 2Lf 7 1D THE HOTEL-MOTEL TRAJ'\ISIEN'T TAX FUND, :~97, 9¿f3 TO TILE LH1ITED TAX GENERAL OBLIGATION BOND RED- Ð1PTION FUND, $521,365 1D THE F~~E EQUIPMENT CONSTRUCTION FUND, $40,000 ill THE ftlATER-SEWER FUn;), t-1AKING FIN~INGS, AND DECLARING AN EMER- GENCY. Mr Grove explained that this is the second reading. Councilmember Jones made a motion that the second reading be consiè.ered the '~hi::c1 vlhich was seconded by Councilmember Clise and passed unaninously by vo~_ce vote. Mr Grove again read the ordinance by title. Councilnerlber Jones made a mot~_on that Ordinance No 2117 be adopted which was seconded by Co~ncilmember Ca~field and passed unanimously by roll call vote. Department of Eco~_ogy. Nayor Shirley announced t1:-lathe and Mr Stricklin had met with Chuck Lean in the Attorney General's ofEce in Olympia regarding 50% funding of the eligible costs on the secondary treatment plant by the Department of Ecol- ogy. Some draft material will be sent to Mr Iiarper to try to get a settlement before the court so we can be assureò.that our schedule is contingent oTI:the funding by the Department of Ecology. NE'iv Sl!SINESS ORDINANCE NO 2123 AN O::WINANCE AUTHŒ.IZING THE 1DAl~ OF THE SUM OF $:cO, 000 FRŒ1 ';'j:E~ WATER-SKWE.:l FUND 1D THE MEMORIAL FUND AI\ T) PROVIDING FOR REPAYJvIENT. I Mr Grove explained t.1:1e reason for the ordinance is to allow Fabrication Special- ties to be paid prior to the recép': of the final:?ayrr¡ent from the National End- owment of the Arts and the close out 0::1 the Estate of Ruth Seavey Jackson. Mr Grove read the ordina':1ce ~JY title. Councilmember Clise made a motion that the first reading be cons~_è.ered the second and the third be by title only which was seconded by Councilmember Camfield and passed u'1animol1sly by voice vote. Mr Grove again read the ol:::'dinance by title. Councilmemœr Camfield made a motion that the Council adop':: Ordinance No 2123 which vlaS seconded by Councilmember Me Culloch and passed una:1imously by ro:J- call vote. Councilmember Camfield made a motion that a war,cant for $5,116.92 be issued to Fabrication Specialties from the Memorial Fund which was secondeè. by Counc.i1menber Jones and passed unanimously by voice vote. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session at 9:05 PM to discuss land acquisition. T~e ~eeting was reconvened at 9:24 PM. RESOLUTION NO 88-6~- A R~SOLUTION AUr.-:~O:?J~ZING WE w\YOR 1D EXECUTE A LICENSE AGi}.EfCi'1ENT ON BEHALF OF TEE CITY OF PO3.':1:' TOVlNSEND. I Mr Harper explained that this res'Jlx\¡::'~on would authorize a temporary agreement wi th the Lambertons to perform a s'x:vey on their property. Councilmember Clise made a motion to adopt Res-olution, No 88-61 vlhi::l1 Has seconded by Councilmember Jones and passed lli1aniQously by v'Jice vote. ADJOU?J~NENT There being no further business, NaYŒ: Shirley declared the meeting adjourned at 9:25 PM. J~~ ATTEST: Clerk-Treasure;: