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HomeMy WebLinkAbout11/01/1988 60 MINUTES OF THE REGULAR SESSION OF OCTOBER 18, 1988, Cont. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 8:32 PM. Attest: t- ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF NOVEMBER 1, 1988 The City Council of the City of Port Townsend ~etin regular session this first day of November, 1988, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Ca~field, Karen Chang, John Clise, Vern Jones, Julie McCulloch and Norma Owsley. Councilmember Mike Kenna was excused. Also present were City Attorney Keith Harper, Clerk-Treasurer David Grove, Administrative Assistant/Planner Michael Hildt and Assistant Planner Kevin OINeill. PUBLI C COMMENTS Ellen Blount was recognized and praised the ambulance service for their actions in saving her husband when he had a heart attack. Mr R N Blount was also recognized and spoke in favor of any support needed by the ambulance service. Doris Yesberger was recognized and asked that animal license f~es not be raised and that any ordinance~ from oth~r areas be carefully analyze~ before being put into force in Port Townsend. Tammy Robinson, owner of the Port Townsend Cafe, was recognized and requested a recon- sideration of the decision of the Police Chief to disapprove her location for a liquor license. Mayor Shirley asked Police Chief Robert Hinton to explain his reasons for recommending that the license be denied which he did. After several expressions of support for the application from the Council, Councilmember Clise made a motion that the Clerk of the Council write a letter to The Washington State Liquor Control Board stating that the Council has no objections to the issuance of a liquor license to the Port Townsend Cafe which was seconded by Councilmember Chang and passed unanimously by voice vote. ' Hank Sukert was recognized and suggested that the city set up a committee to review permits when there is a possibility of conflict. Virginia Browne was recognized and asked about the liquor license for the Starrett House Bed and Breakfast. Mayor Shirley explained that bed and breakfasts have a special 'limited license. CONSENT AGENDA Councilmember Jone~made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and oassed unanimously by voice vote. Approval of the minutes for October 18, 1988, as written without reading. Setting Hearings: Faci7ity P7an for Secondary Wastewater Treatment Plant for November 10, 1988, at 7:00 PM in City Hall. I I I 61 MINUTES OF THE REGULAR SESSION OF NOVEMBER 1, 1988, Cont. Approval of the following Bills and Claims: Current Expense $45,716.40 Street 702.81 Library 4,050.08 Park 1,164.17 Fire Equipment Construction Fund 102.79 Emergency Medical Services 940.78 Capital Improvement 11,567.23 Water/Sewer 23,240.69 Storm Water Drainage 1,392.32 Equipment Rental 2,539.28 Firemenls Pension and Relief 718.10 Total $92,134.65 RESOLUTION NO 88-75 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. The proposed vacation of platted but unopened Cosgrove Street abutting Lots 7 and 8, Block 6, Pettygrove's First Addition to within 7t feet of the paVE!ment of developed Cosgrove Street by R Wand Kathleen Bradford on December 6, 1988. RESOLUTION NO 88-76 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. The proposed vacation of a portion of Wilson Street extending from platted Discovery Bay Road north to platted and unopened 20th Street by James Harris, and Eil~en Simon on December 6, 1988. I Communications: A letter dated October 19, 1988, from Brent Shirley to Bonzo DeLeo thanking him for work he has done on Washington Street was copied for Council. A petition dated October 22, 1988, from Charma Tichgelaar and signed by ten other students was copied for Council requesting a cross walk at 7th and Sheridan for use by students riding the bus. This was referred to the Street/Light/Storm Drainage' Committee. A letter dated October 25, 1988, from Dr Gerald L Boarino requesting permission to cut down three dtseased trees on Pierce Street and replace them with he~thytrees of the red leaf plum family was copied for Council, and referred to the Street/Light/ Storm Drainage Committee. A letter from Whitey Johnson dated October 27, 1988, requesting permission to install a private waterline for Ms Phyllis Hart at Rose and E Streets was copied for Council and referred to the Water/Sewer Committee. This concludes the Consent Agenda. UNFINISHED BUSINESS I Ordinance No 2132 -Improvements to Streets and Sidewalks. Mr Hildt reviewed the ordinance. Debbie Fountain was recognized and objected to the use of an alley as the main access to a house built behind her home by Peter Paley. Others objecting to the same alley were: Carl Hanson, Martha Rohring, Joshua Sa~e, Linda Hanson and Dan Fountain. Mayor Shirley referred this dispute to the Street/Storm Drainage/ Light Committee for further study and a report for the next meeting. Mr Harper explained his response to the Fountainsl request to stop the use of the alley and his belief that mistakes were not made according to information given the city. ' Mr Hidlt stated that there is a building permit pending and that the Street Com- mittee should give it.s findings as soon as possible. PUBLIC HEARINGS 62 MINUTES OF THE REGULAR SESSION OF NOVEMBER 1, 1988, Cont. ORDINANCE NO 2134 AN ORDINANCE RELATING TO ZONING, AMENDING SECTIO~ 71.08.435 OF THE PORT TOWNSEND MUNI- CIPAL CODE TO DELETE IIUSESII FROM THE DEFINI- TION OF IISETBACK (YARD REQUIREMENTS)II IN ORDER TO ALLOW USES AND STRUCTURES OTHER THAN BUILDINGS WITHIN THE REQUIRED SETBACK AREA BETWEEN BUILDINGS AND LOT LINES. Mr Hildt reviewed the ordinance and reported that Fire Chief Scott has no problem with the ordinance. Mayor Shirley opened the hearing to the public. There being no testi- mony, Mayor Shirley closed the hearing to the public and turned to the Council for dis- position. Councilmember Clise made a motion that the second reading be considered the third ant the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove read the ordinance by title. Councilmember Jones made a motion that the Council adopt Ordinance No 2134 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. Conditional Use Permit Application No 8808-02 -Roberts. Mr O'Neill reviewed both the Conditional Use Permit Application and the Shorelines Substantial Development Permit. Mayor Shirley opened the hearing to the public. Dane Walla, Architect for the project and Bill Toskey, Manager, Port of Port Townsend were both recognized individually and spoke in favor of the project. Eric Hermanson was recognized and spoke against tearing downjhe DeLeo Building because of its historic value. Mayor Shirley closed the hearing to the public and turned to the Council for Disposition. After discussion of marine related activities, traffic patterns and loss of a landmark, Councilmember Owsley made a motion that the Council grant the Conditional Use Permit and the Shoreline Substantial Development Permit and adopt the following findings, conclusions and conditions which was seconded by Councilmember Clise and passed unanimously by voice vote. Findings: 1 . The applicant proposed to construct a 63 unit motel with an outdoor swimming pool at 2500 Washington Street in the C-II zoning district. A warehouse/storage build- ing presently located on the site would be demolished under the propos~l. The. site is bounded by Jefferson Street to the northwest, Benedict Street to the south- west, Washington Street to th~ southeast and vacated Morrison Street to the north- east. A motel is permitted as a conditional use in the C-II zoning district. 2. The site of the proposed building consists of eight lots on Block 168, as well as a portion of vacated Morrison Street for a total site area of 56,436 square feet. The applicant proposes to construct a three-story building having 35,000 of gross floor area. The building which is currently on the site which would be demolished under the proposal has 30,728 square feet of floor area. The bulk and dimensional requirements of the zoning code restrict development in the C-II zoning district to a height of 35 feet and a maximum lot coverage of 1 square feet of gross floor per 1 square foot of lot: area (17.20.010, Port Townsend Municipal Code)~ The applicantls project as proposed complies with these requirements. 3. The land uses adjacent to the subject property are primarily commercial. Port Townsend Bay and the boat haven are located across Washington Street from the site to the southeast. The shoreline of Port Townsend Bay is approximately 100 feet from the southeastern property line of the subject property. The area to the west of the site across Beneåict Street is zoned M-I, and developed primarily as marine- related commercial uses. The area east of the site is zoned C-II. 4. The applicant proposes 79 off-street parking spaces for the project. Section 17. 28.080 of the Port Townsend Municipal Code requires 1 parking space per unit for a motel use. The applicant proposes 63 guest units and a manager1s apartment which would result in a parking requirement of 65 parking spaces. The applicant's pro- posal meets this requirement. 5. The subject property is servéd by three open,developed streets; Jefferson, Bene- dict, and Washington. Benedict Street feeds into Sims Way, the major thorough- fare providing access in and out of the city. Ingress and egress to and from the site would be provided by 2 two-lane driveways from Benedict Street. The intersec- tion of Benedict Street and Sims Way provides clear sight distances in both direc- tion for traffic moving onto Sims Way, while a left-hand turn lane presently exists for westbound trafffic on Sims Way to turn onto Benedict Street. Based on data from the Institute of Transportation Engineers, a 63-unit motel at full occupancy would generate 386 trip ends per day, or 6.18 trip ends per unit. I I I I I I 63 MINUTES OF T:IE REGULAR SESSION OF NOVEMBER 1, 1988, Cont. 6. The applicant proposes to construct a IIlight frame building ~lith wood siding and asphalt shingles. The applicant's site plan shows that the building would be located on the waterward side of the site, while the off-street parking area would be located at the northern portion of the site. The applicant proposes to landscape the exterior of the site, including the parking area, with native vegetation, and provide public benches on the waterward side of the building overlooking Port Townsend Bay. 7. The subject property is within 200 feet of a shoreline of statewide significance and thus requires a shoreline substantial development permit pursuant to the Jefferson County-Port Townsend Shoreline Management Master Program. The appli- cant has applied for a shoreline development permit, a public hearing on which will be held by the Jefferson County-Port Townsend Shoreline ~1anagement Advis- ory Commission on Octtober 19, 1988. 8. At its meeting of September 20, 1988, the City Council issued a Mitigated Deter- mination of Nonsignificance (DNS) for the project after review of the enViron- menta 1 check 1 i st submitted by the app 1 i cant pursuant to the Washi gnton State Environmental Policy Act. The mitigating condition added to the DNS by Council directed the applicant to submit a storm drainage plan to be approved by the Public Works Director and the City Council. Conclusions: 1 . The proposed motel use of the subject building will not endanger the public health or safety, nor will a nuisance be created. 2. The proposed use will be required to meet all of the conditions and specific- ations set forth in the C-II zone in which the property is located. 3. The proposed use will not be injurious or detrimental to adjpining or abutting property. 4. The, site is zoned C-II and is surrounded by commerical development. The commer- cial development policies in the Comprehensive Plan statettvai\: IIcommercial devel- opment should be located in areas. . . to provide tourist-oriented servicesll and that IIDevelopment of Port Townsend's visitor services potential should ~e encouragedll. Therefore, the location and character of the use will he in gen- eral conformity with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the Port Townsend City Council grants the above referenced application as conditioned: 1. The project shall be developed and landscaped as shc~n on the site plan dated August 30, 1988. 2. Upon demolition of the existing building, a soil survey will be done on the site prior to construction of the motel, and the results of said survey shall be used to determine the design of the foundation and storm water drainage system for the proposal. 3. All required conditions and specifications of the C-II zone and the Shoreline Management Master Program shall be met. 4. If abuilding permit is not ,obtained for the subject property within one year from the date of the boardls decision, the conditional use pey'mit shall be cancelled and automaticallY become null and void. 5. The applicant shall recognize~ that the proposal is located adjacent to an area which is zoned for industrial uses, and that neighboring properties will con- tinue to be used as industrial sites. The applicant shall not object to con- ditions such as odor or noise which may be caused by adjacent industrial or mari ne - re 1 ated uses. 6. The applicant will work with the City Public Works Director to mitigate traffic impacts in the area. Shoreline Substantial Development Permit findings: 1. The Jefferson-Port Townsend Shoreline Management Master Progrëlm requires that a shoreline substantial development permit be issued by the City of Port Townsend for development of the proposal. The following sections of the program apply in 64 MINUTES OF THE REGULAR SESSION OF NOVEMBER 1, 1988, Cont. the review of the proposal: 1.20, IIPurposesll; 4.105 IIUrbanll; 4.202, IISecondaryll; 5.10, IIAdvertisingll; 5.50, IICommercialll; 5.140, IIRarkïng Facilities.1I 2. The proposal has been administratively classified as a secondary use in an urban designation by criteria established in the Jefferson-Port Townsend Shoreline Management Master Program. ' The proposal site and adjacent area northeast of Benedict Street are zoned com- merical (C-II). The area southwest of Benedict Street is zoned light commerical (M-I). " " 3. 4. The proposal is a non-water dependent commercial development. 5. The following additional permits are required for development of the proposal: a. b. City of Port Townsend Conditional Use Permit. City of Port Townsend Building Permit. 6. Notice of the application was made by publishing legal notices in the September 7 and 14, 1988, editions of the Port Townsend-Jefferson County Leader, posting the, site of the proposed development with notices on September 12, 1988, and notifying by mail immediately adjacent property owners. 7. The proposal has been reviewed according to the INashington State Environmental Policy Act by the City of Port Townsend as lead agency. The City has issued a determination of non-significance for the proposal on September 20, 1988. The determination states that the anticipated environmental impacts were adequately addressed in the environmental checklist and the preparation of an environmental impact statement was not necessary. 8. Notice of the public hearing scheduled for October 19, 1988, was made by publishing a legal notice in the Port Townsend-Jefferson County Leader and notifying by mail immediately adjacent property owners and interested parties. The public hearing is conducted by .~he' Jefferson-Port Townsend Shoreline Management Advisory Commission. An inspection of the site was made on October 14, 1988, by memebers of the Jef- ferson County Planning and Building Department. 9. 10. The area at the west corner of Washington and Benedict Streets lying west of the proposal site has been authorized as the site of the Port of Port Townsend1s new fuel storage tanks 'by Shoreline Substantial Development Permit 12-86 (Revised). Conditions: Issuance of a shoreline substantial development permit for the proposed project requires compliance with the Washington State Shoreline Management Act and the applicable pol- icies and performance standards of the Jefferson-Port Townsend Shoreline Management Master Program in addition to the following conditions: 1. 2. No free-standing, on-premise advertising signs shall be permitted. All exterior lighting shall be designed, placed, and, if necessary, hooded so as not to create glare or reflection visible from public streets, adjacent properties, and the waters of Port Townsend Bay and the Port of Port Townsend Boat Haven, nor to impair the safety of vessel or automobile traffic. 3. A storm water drainage plan utilizing oil/water separators shall be submitted to the City of Port Townsend Public Works Director for approval. 4. Erosion control measures shall be- employed by the proponent during construction to prevent sedimentation of the Port of Port Townsend Boat Haven. COMMITTEE REPORTS Police Department. Police Chief Hinton was recognized and spoke of the need for new police vehicles and the deadline to commit to the State Bid by November 15, 1988. After a discussion of financing and the option of leasing, Councilmember Jones made a motion that the Council authorize the placement of a purchase order for eight vehicles on the State Contract which was seconded by Councilmember Clise:, and passed unanimously by voice vote. I I I 65 MINUTES OF THE REGULAR SESSION OF NOVEMBER 1, 1988, Cont. Street/Storm Drainage/Light. Councilmember Jones reported on the meeting held on October 31, 1988, in which it was recommended that a study be made by the Department of Public Works and Police Department to alleviate the traffic problems at 31st and Hendricks Streets and at 7th and Hendricks Streets. The cross-walk requested by Charma Tichgelaar at 7th and Sheridan is hard to grant because of the involvement of the State, but patrol by the Police Department during the time of the day the kids are using the bus might help. I Councilmember Jones mòde a motion that Dr Boarino be authorized to remove three diseased trees and replant others at his own expense which was seconded by Council- member Owsley and passed unanimously by voice vote. Water/Sewer. Councilmember McCulloch announced a meeting to be held on November 10, 1988, at 1:00 PM, with the Cape George Sewer District to discuss the interlocal agreement for waste treatment. UNFINISHED BUSINESS ORDINANCE NO 2133 AN ORDINANCE APPROPRIATENG THE SUM OF $58,000 TO THE CURRENT EXPENSE FUND, $4,445 TO THE HOTEL- MOTEL TRANSIENT TAX FUND, $1,401 TO THE EMERGENCY MEDICAL SERVICES FUND, $15,000 TO THE CAPITAL IMPROVEMENT FUND, $33,500 TO THE WATER-SEWER FUND, $54,000 TO THE STORM AND SURFACE WATER FUND AND $15,260 TO THE MEMORIAL FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. I Mr Grove read the ordinance by title and explained that this ordinance was intro- duced at the last Council meeting. Councilmember Camfield made a motion that the second reading be considered the third and the third be by title only which was sec- onded by Councilmember Jones and passed unanimously by voice vote. Councilmember Camfield made a motion that the Council adopt Ordinance No 2133 which was seconded by Councilmember Jones and passed unanimously by roll call vote. NHJ BUSINESS RESOLUTION NO 88-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUT~ORIZING THE MAYOR TO EXECUTE A VENDING MACHINE AGREEMENT WITH JEFFERSON COUNTY. Mr Grove explained the resolution. Councilmember Jones made a motion that the Coun- cil adopt Resolution No 88-77 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Camfield questioned the activity between the American Legion Building and City Hall. Mayor Shirley ~xplained that the Legion is putting in a park. I Councilmember Chang brought up the subject of the decorative street lights with bulbs out. It was explained that the lights are individually owned and maintained. Councilmember McCulloch said she would bring the subject up at the Main Street Board meeting. Whitey Johsnon was permitted to speak regarding his letter asking permission for a spaghetti waterline for Ms Phyllis Hart. Councilmember McCulloch reported that the Water/Sewer Committee had denied the request. After discussion of the reasons for the ordinance requiring waterlines to be installed, a latecomer agreement was deemed a possible option. ' Mr Hildt reported that the Planning Commission has looked into a "fast track" for ordinances ann variances, etc, and that there does not seem to be an easy solution and the potential for confusion out-weighs andy advantage. 66 MINUTES OF THE REGULAR SESSION OF NOVEMBER 1, 1988, Cont. EXECUTIVE SESSION Mayor Shirley recessed the meetirig' into Execut{ve Session at 9:42 PM, to discuss pending litigation, a real estate trqnsaction and an ,employee relations matter. The meeting was reconvened at 10:35 PM. RESOLUTION NO 88-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH TEAMSTERS UNION LOCAL NO' 589 AND KATHLEEN M MACDONALD. Councilmember Clise made a motion that the Council adopt Resolution No 88-78 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. RESOLUTION NO 88-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE TEAMSTERS LABOR CONTRACT. Councilmember Jones made a motion that the Council adopt Resolution No 88-79 which was seconded by Councilmember McCulloch as passed unanimously by voice vote. Street/Storm Drainage/Light Committee meetin[. will be out of town for the next two weeks and meeting that will discuss the problem with the neighbors. Councilmember Camfield will attend 1988, for this discussion. Councilmember Jones reported that he requested that he be replaced for the alley for the Fountains and their. the meeting at 7:00 PM on November 9, 1989 Budget. The 1989 Budget will be available on November 21, 1988, and the Finance Committee will meet at 5:00 PM on that day. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:43 PM. Attest: ~~ Clerk-Treasurer MINUTES OF THE SPECIAL SESSION OF NOVEMBER 10, 1988 The City Council of the City of Port Townsend met in special session this tenth day of November, 1988, at 7:00 PM, in the basement of City Hall, Mayor Brent S Shirley presiding. ROLL CJlLL Councilmembers present at roll call were Jean Camfield, Karen Chang, John Clise, Mike Kenna, Julie McCulloch and Norma Owsley. Councilmember Jones was excused. Also pre- sent were Public Works Director Ted Stricklin and Clerk-Treasurer David Grove. PUBLIC HEARING Facility Plan for Secondary Wastewater Treatment Plant. Mr Stricklin introduced Gor- don Nicholson of CH2M Hill, who showed the Council and Public present the proposed I I I