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HomeMy WebLinkAbout11/07/1989 301 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989 The City Council of the city of Port Townsend met in regular session this Seventh Day of November, 1989, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. ROLL CALL I Councilmembers present at roll call were Jean Camfield, Karen Chang, John Clise, Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper, Public Works Director Ted Stricklin, Director of Planning and Building Michael Hildt and Assistant Planner Kevin O'Neill. CONSENT AGENDA councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmemher Camfield and passed unanimously by voice vote. Approval of the Minutes of October 17, 1989, as written without reading. Approval of the following Bills and Claims: I "t. Current Expense Street Library Library Renovation Park Arterial Street Hotel-Motel Emergency Medical Services Capital Improvement Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 92,182.92 4,503.34 2,081.65 77,325.49 579.79 23,245.54 1,000.00 4,340.16 24,612.03 33,919.20 8,625.15 4,495.58 467.93 $277,378.78 Setting Hearings: Park Improvement Plan for December 5, 1989 Conditional Use Permit 8909-02 -Bay Vista for November 21, 1989 Approval of Appointment: Theresa Goldsmith to the Historic Preservation Commission until December 31, 1990. RESOLUTION NO 89-81 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICE AGREEMENT WITH JEFFERSON COUNTY FOR HEALTH SERVICES. The Mayor is authorized to execute a contract for the professional service agreement for Health Services for the fee of $22,000.00. RESOLUTION NO 89-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PENINSULA TOURISM COUNCIL FOR THE ENHANCEMENT OF TOURISM IN PORT TOWNSEND. 302 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. The Mayor is authorized to execute an agreement with the Peninsula Tourism Council for the enhancement of tourism and further development of the tourism industry for a fee of $1,000.00. RESOLUTION NO 89-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING AN AMENDMENT TO A REFERENDUM 39 GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY. I The Mayor is authorized to execute Amendment No 2 to the Centennial Clean Water Fund Referendum 39 Grant Agreement between State of Washington Department of Ecology and city of Port Townsend Grant No WFG 87-032 with the Department of Ecology. RESOLUTION NO 89-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING AN AGREEMENT WITH THE JEFFERSON COUNTY COMMISSIONERS FOR MUNICIPAL COURT SERVICES. The Mayor is authorized to execute aa agreement for Municipal Court Services with the Jefferson County Commissioners for full court services for municipal cases during the year 1989 for a fee of $35,747.00. Communications: I A letter dated October 12, 1989, from Jessie Dover to the City Council stating her concerns about Point Hudson Company's proposal to expand its RV development was copied for Council and referred to the Legislative/Environmental Committee. A letter dated October 16, 1989, from Jim Moore, Regional Archivist, State of Washington, confirming the date of November 7, 1989, for the presentation of the restored wall map was copied for Council. A copy of a speech dated October 17, 1989, by Jacquelyn Barr, for organization meeting of Port Townsend Association For The Arts, concerning the development of an umbrella organization and an arts center for Port Townsend was copied for Council and referred to the Community Services Committee. A letter dated October 19, 1989, from Douglas V Franz, Building Inspector, to all current City Council Candidates notifying them of complaints that some campaign signs have been erected in the public rights-of-way in violation of the Port Townsend sign code was copied for Council. A letter dated November 2,1989, from Howard Scott, Fire Chief, to the Mayor and Council regarding the acquisition of land for a fire substation was copied for Council and referred to the Executive Session later on the agenda. I An Environmental Checklist dated October 30, 1989, from the Port of Port Townsend for ballasting for boat storage, a section of Jefferson Street 90 feet wide and 275 feet long between two existing boat yards was copied for Council and referred to the Legislative/Environmental Committee. An Environmental Checklist dated October 30, 1989, from the Port of Port Townsend for ballasting for boat storage, an area between 8th Street and leased land by Port Townsend Lumber 150 feet wide 303 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. and 300 feet long was copied for Council and referred to the Legislative/Environmental Committee. This concludes the Consent Agenda. I PUBLIC HEARING Variance Application No 8907-06 -Ken Shelton. Mr O'Neill reviewed the findings and conclusions of the Planning commission recommending denial of the variance and explained that: there were two sets of findings and conclusions reviewed by the Commission. He also made note of a letter from neighbors, Cheryl and Michael Brady against the application which was received after the Council Packets went out. Mayor Shirley opened the hearing to the public. There being no testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. Ken Shelton arrived at this time and was recognized. He distribut:ed a letter from his neighbor on the west side, William Chapman, in favor of the variance and explained that he has changed the plans for the proposed garage extension for his existing carport, will continue the same roof-line down and only needs a two-foot variance. After discussion, councilmember McCulloch made a motion that the Council adopt the following findings, conclusions and conditions and approve Variance Application No 8907-06 which was seconded by Councilmember Chang and passed unanimously by voice vote. Findings: I I 1. The applicant proposes an addition to a garage attached to an existing single family residence located at 932 :i8th Street. The subject property is located in the R-I zoning district. The west building line of the existing garage is approximately twelve feet from side property line which abuts Gise Street. The expansion of the garage proposed by the applicant would extend the west building line to within five feet of the west property line. section 17.20.020 of the Port Townsend Municipal Code states that". . all buildings shall be a minimum of five feet from side and rear lot and/or property lines and ten feet from any street right-of-way. ." A variance is required to expand the garage to within five feet of the Gise street right-of-way. 2. The subject property is located at the northeast corner of Gise and 58th streets. The property consists of Lots 9 and 10, and the western 18 feet of Lots 7 and 8, Block 60, Montana Addition; the total area of the property is 13,600 square feet. The northern half of Lots 8 and 10 consists of a small bluff leading to a beach and the Strait of Juan dE~ Fuca. The area of the subject property to the south of the bluff is approximately 10,000 square feet. 3. The existing residence was constructed in 1979 and is legal and conforming with regard to building setbacks. The front setback of the building from 58th Street is 60 feE~t; the side setback from Gise street is 12 feet; the side setback from the east property line is 7 feet; and the rear setback from the north property line is 70 feet, while the setback from the bluff is approximately 25 feet. The property is surrounded by single-family residential development to the east and west; the lots directly to the south of the site across 58th Street are vacant and undeveloped. 4. The rights-of-way of Gise and 58th streets are 60 feet wide. Vehicular access to the property is provided from !58th street. The portion of Gise street north of 58th street and abutting the subject property is not developed. Gise street ends at the northern boundary of the subject property. 304 4. 5. 6. 7. MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. 5. The applicant proposes to expand the garage approximately five feet both to the north and the south. The applicant states that expanding the garage only to the east would block the view of the house from 58th Street and would be visually damaging to the neighborhood. The applicant also states that moving the building line closer than ten feet from Gise Street would not create a problem since that portion of Gise Street will never be developed due to its proximity to the shoreline. I Conclusions: 1. The proposed variance would not amount to a rezone nor consti tute change in the district boundaries shown on the official zoning map. 2. Because the bluff and the shoreline restrict the portion of the subject property which can be developed, and because the portion of the Gise Street right-of-way abutting the subject property will likely not be developed, special circumstances exist which do not result from the actions of the applicant. Therefore, a literal interpretation of the provisions of the Port Townsend Municipal Code would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). 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. The granting of the variance would not be detrimental to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. I The variance, if granted, would be consistent with the zoning code purpose language set forth in Section 17.04.020 of the Port Townsend Municipal Code. 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. 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 Port Townsend City Council hereby grants the above-referenced application with the following conditions: 1. The garage expansion shall be no higher than the height of the existing eaves on the garage. 2. The setback of the garage expansion shall be no closer than eight feet from the side lot line abutting Gise street. PRIORITY ITEM I Jim Moore, Regional Archivist, State Archives Regional Center was recognized and introduced Mike Betz, Document Conservator, who reported on his restoration of the 8 X 6 foot 1890 State Map, which is the largest map he has dealt with, and his recommendations for its preservation. The restored map was presented to the City and w~¡l Re enc~ped and hung in the Council Chambers for all to view. PUBLIC HEARING Conditional Use Permit Application No 8908-04 -K Jackson. Mr O'Neill reviewed the findings, conclusions and conditions of the 305 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. Planning Commission and explained that the owners are aware of the requirements of the parking ordinance under considerat:ion and are willing to comply with it upon its adoption. Mayor Shirley opened the hearing to the public. Dan Ti tterness was recognizHd and spoke in favor of the conditional use permit. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. Councilmember McCulloch explained that a conditional use permit application has been filed for the building next door to the N D Hill Building in which her business is located and which is owned by her parents and managed by her husband. She offered to abstain from taking part in any discussion and vote on this application if anyone ::;0 desired. There being no objections, Councilmember McCulloch took part in the vote. After a brief discussion of possible parking requirements, Councilmember Kenna made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit Application No 8908-04 which was seconded by Councilmember Jones and passed unanimously by VOiCE! vote. I I I 5. Findings: 1. The applicants propose to establish a hotel use on the second floor of the N.D. Hill Building located at 639 Water Street. The building is located in the C-III zoning district. Hotel use is permitted as a conditional use in the C-III zoning district. 2. The N.D. Hill Building contains three stories and was built in 1889. The first floor of the building, which has approximately 5,000 square feet of floor area, is used as retail space and a tavern, while the second and t:hird floors are used as apartments. A portion of the ground floor space is currently vacant. Eleven apartment units are located on both the second and third floors. Seven apartment units are occupied on the second floor; the apartment units on the third floor are currently unoccupied due to lack of conformance with the Uniform Fire Code. The building is classified as a primary historical structure in the designation of the Port Townsend Historic District. 3. The subject property consists of Lots 6 and 8, Block 6, original Townsite, and is located on the southeast corner of Water and Quincy Streets. The zoning to the east of the subject property is P-I; the remaining property surrounding the site is zoned C-III. The property surrounding the subject property is developed as retail commercial. 4. The applicants propose to replace the apartment units on the second floor with eight hotel units. The renovations will not alter any of the architecturally or historically significant features of the building. section 17.16.030(B) of the Port Townsend Municipal Code states that "All permitted uses established after August 17, 1971. . shall provide off- street parking and loading areas for each use and enlargement in accordance with the provisions of Chapters 17.28 and 17.32." section 17.28.080 of the Port Townsend Municipal Code requires a hotel to provide one parking space per sleeping room, resulting in a parking requirement of eigh1: off-street parking spaces. Since the proposed use is wi thin the Downtown Parking District, the eight required spaces are reduced to 75 percent of the requirement, for a required total of six off- street parking spaces (17.28.100, Port Townsend Municipal Code). The applicants' plot plan shows no off-street parking spaces. There are four on-street spaces abutting the subject building on Quincy Street, and two on-street spaces abutting the building on Water street. The City Council is currently 306 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7,1989, Cont. 6. considering an ordinance amending the off-street parking and loading requirements as established in Chapters 17.28 and 17.32 of the Port Townsend Municipal Code. The applicants request that the proposed use be subject to the provisions and regulations of the amended off-street ordinance when passed by the City Council, as opposed to the existing off-street parking regulations. I Washington state Law (RCW 70.62) provides regulations for transient accommodations having three or more units. Transient accommodations must meet regulations established by the Washington State Board of Health, the Washington state Department of Social and Health Services, and the state Fire Marshall. Conclusions: 5. 1. 2. 3. 4. The proposed hotel use of the building will, developed under the conditions specified herein, not endanger the public health or safety, nor will a nuisance be created. The proposed use will be required to meet all of the conditions and specifications set forth in the C-III zone in which the property is located. The proposed use, developed under the conditions specified herein, will not be injurious or detrimental to the adjoining or abutting property. Because the proposed use will provide a viable economic use within an historic building without altering the architecturally or historically significant features of the building, the location and character of the use will be in harmony with the area in which it is located and in general conformity with the Comprehensive Plan. I The proposed use will not occupy street level space which is better suited for retail sales or services. In consideration of the aforementioned findings and conclusions, the City Council grants Conditional Use Permit 8908-04 as conditioned: 5. 1. The proposed use shall meet all of the required conditions and specifications set forth in the C-III zoning district, pursuant to the Port Townsend Municipal Code, or as hereafter amended, prior to occupancy. 2. The hotel use of the subject building shall not exceed eight units. Hotel use shall not expand to areas other than the second floor without express approval by amendment of the conditional use permit by the Board of Adjustment. The applicants shall comply with all applicable requirements of the state of Washington relating to transient accommodations. I 3. 4. It is understood that the Uniform Building Code and Uniform Fire Code aPR1Y and must be met prior to occupancy. . If a building permit alltd/or occupancy permit is not obtained for subject property within one year from the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void (17.64.070, Port Townsend Municipal Code). 307 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. COMMITTEE REPORTS I Leaislative/Environmental. Councilmember Kenna made a motion that the Council make a Declaration of Non-Significance for t:he Environ- mental Checklist for a one-unit motel in the Elevated Ice Cream Building for Clayton Cook which was seconded by CouncilI1lember Jones and passed unanimously with councilmember McCulloch abst:aining from the discussion and vote. Councilmember Kenna set a meeting of the Committee for 6:30 PM on November 21, 1989, to consider the Environmental Checklist for Robert Vig and the two Checklists for the Port of Port, Townsend. Another meeting will be set to hear from Richard Simms of the Point Hudson Company and someone who wants to put some fill next to Memorial Field on Monroe Street before the next Council meeting. Community Services. Councilmember Chang requested that something be sent out prior to January 1, 1990, to all businesses including restaurant owners and managers about the ban on styrofoam. Mr Hildt reported that it is being worked on. Pink House Ad Hoc. Councilmember Camfield reported that the Commi ttee has selected a company, The Bumgardner Archi t:ects, to do the feasibility study. I Councilmember Camfield made a proposal to approve the appointment of Joe Calabrese and another person chosen by the Library Board or Friends of The Library to serve on the Committee. Councilmember McCulloch made a motion that the Council accept the proposal which was seconded by Councilmember Clise and passed unanimously by voice vote. Retreat. Mayor Shirley announced that the Retreat has been tentatively scheduled for January 12, 1990, and that there is at least one Councilmember who has something else at that 1:ime. After discussion, it was the consensus of the Council to re-schedule the Retreat for Friday, January 5, 1990. Solid Waste Advisory. Councilmember Clise reported that the Committee recognizes the need for a local hazardous waste plan and is recommending that the City join the County in developing a plan for the entire community. He indicated a resolution is scheduled later on the agenda. Ci ty Attorney/Sewer Treatment Plant. Mr Harper made! note of a letter received tonight from Fred Martin regarding his agreement with the City for the street vacation and asking that the odor of the sewer treatment plant be treated, particularly on weekends. Mr stricklin will respond. I City Attorney/Seaview Sewer Easement. Mr Harper reported that an agreement has been reached with the Lambertons and Levinskis for the easement and that the paper work will be finished within the next week. 53rd Street. Mayor Shirley announced that 53rd Street has now been cut through and is in use. He thanked the Street Department for getting it done so quickly. Councilmember Camfield offered thanks from the School District as well. Emergency Appropriation. Mr Grove reported that therE~ will be ~ emergency appropriation to cover the costs of the 53rd &*. ' '.. Project as well as emergency repairs to the Gaines Street. Pump station. ' , 308 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. UNFINISHED BUSINESS ORDINANCE NO 2167 AN ORDINANCE APPROPRIATING THE SUM OF $104,700.00 TO THE CURRENT EXPENSE FUND, $10,000.00 TO THE HOTEL-MOTEL TRANSIENT TAX FUND, $14,500.00 TO THE EMERGENCY MEDICAL SERVICES FUND, $5,000.00 TO THE CAPITAL IMPROVEMENT FUND, $204,300.00 TO THE WATER- SEWER FUND, $2,200.00 TO THE 1956 TRANSMISSION LINE REPLACEMENT FUND, AND $17,200.00 TO THE MEMORIAL FUND, MAKING FINDINGS, AND DECLARING AN EMERGENCY. I Mr Grove read the ordinance by title and explained that this is the second reading. Councilmember Clise made a motion that the second reading be considered the third and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Jones made a motion that the Council adopt Ordinance No 2167 which was seconded by Councilmember Clise and passed unanimously by roll call vote. NEW BUSINESS ORDINANCE NO 2170 AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX LEVIES FOR THE YEAR OF 1990. I Mr Grove explained the ordinance and stated that it must be adopted at this meeting in order to conform to state law. He then 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 Clise and passed unanimously by voice vote. Mr Grove again read the ordinance by title. councilmember Jones made a motion that the Council adopt Ordinance No 2170 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. Resolution Authorizing a Memorandum of Understanding with Jefferson . County. Mr Grove explained that a meeting was held with representatives of the County commissioners, Mayor Shirley, the Finance Committee and the Clerk-Treasurer and that an agreement was reached for a five-year period for District Court, Health, Juvenile, Recreation, Dispatch and Alcohol Rehabilitation Services. After discussion, it was the consensus of the Council to defer action on this resolution until the next meeting. RESOLUTION NO 89-85 THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING ITS INTENT TO PARTICIPATE IN THE JEFFERSON COUNTY PLAN FOR HAZARDOUS WASTE MANAGEMENT AND AUTHORIZING THE PROPER OFFICIALS TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY IN THE PREPARATION OF A LOCAL HAZARDOUS WASTE MANAGEMENT PLAN UNDER ALTERNATIVE NO 3. I Councilmember Clise explained this resolution and made a motion that the Council adopt Resolution No 89-85 which was seconded by Councilmember Jones. After discussion, the motion passed unanimously by voice vote. 309 MINUTES OF THE REGULAR SESSION OF NOVEMBER 7, 1989, Cont. COUNCILMEMBERS GENERAL DISCUSSION I Earthquake Study. Councilmember Clise recommended that the Council start working on what can be done in the city regardinq the damage potential here. The city should take the lead in finding out what can be done to make its buildings more earthquake proof or damage resistant and what the real problems are. Water-Sewer Committee Meeting. Councilmember McCulloch set a meeting of the Committee for 5:00 PM, November 14, 1989, to give an update from the Watershed Advisory committee and to discuss water policy. Storm Drain and Secondary Sewer. Councilmember Owlsey asked the status of the storm drainage improvements. Mayor Shirley reported that the city will have the consultants give a report by the second meeting in December and will be going to bid on the Storm Drainage System and the Secondary Sewer Treatment Plant in the near future. Leone Richmond Suit. Councilmember Owsley asked the status of the suit and reported that Ms Richmond has been hospitalized. Mr Harper reported that there is a possibility that t~his may be settled out of court and is waiting to hear from her attorney. EXECUTIVE SESSION I Mayor Shirley announced an Executive Session at 8:55 P~[ to discuss details of a land purchase when public knowledge might affect the price, to discuss litigation in which the governing body is likely to become a party and public knowledge regarding the discussion is likely to result in an adverse legal consequence to the city and labor negotiations including Chief Howard Scott, Keith Harper, David Grove, Michael Hildt and Ted stricklin. The meeting was reconvened at 9:55 PM, with all Councilmembers present. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 9:55 PM. ~ Mayor Attest: ~~ Clerk-Treasurer I MINUTES OF THE REGULAR SESSION OF NOVEMBER 21, 1989 The City council of the city of Port Townsend ~et _in regular session this Twenty-first Day of NovemJ::>er, 1989" 1,n i_he Council Chambers of city Hall, Mayor Brent S sh1rley pres1d1ng. ROLL CALL Councilmembers present at roll call were Jean Camfield, John Cli~e, Vern Jones, Mike Kenna, Julie McCulloch and Norma owsley. Counc1l- member Karen Chang was excused. Also present ,were Cler~-Treasurer David Grove, City Attorney Keith Harper, Publ1C Works D1rector Ted