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HomeMy WebLinkAbout12/19/1989 333 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989 The City council of the City of Port Townsend met in regular session this Nineteenth day of December, 1989, in "the Council Chambers of City Hall at 6:30 PM, 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. PUBLIC COMMENTS Kathryn Jenks was recognized and read a letter about requirements for the protection of wet lands within the community dat:ed December 15, 1989, which was copied for the council in advance of the meeting and listed on the consent agenda. Earl Fisher was recognized and requested that 57th StrE!et be paved because of the dust it generates in the summertime. He presented the council with a map showing 77 families living in that immediate area of 57th and Jackman. He suggested that the city consider forming a Local Improvement District in his area. I Andrew Thurston was recognized and commented on the wetlands in town citing their advantage to the community. He requested that sediment traps be installed in the storm drainage improvements being planned to protect the wetlands and that the new Public Works Director understand these effects. Derk Lansdon was recognized and complained about the odor from the present sewer treatment plant. He explained that the residents of the North Beach area met and developed a list of questions which he would like to ask after the presentation from the engineers about the improvements to the plant. Mayor shirley explained that he will open up the meeting following the presentation for question from the audience. PRIORITY ITEMS storm Drainage Plans. I Ed Rudloff was recognized and presented the plans for improvements to the storm drainage system. He reported that ninety percent of the review of plans and specifications has been completed by the Public Works Director and a call for bids will be advE~rtised this spring. The project will be broken down into three schedules: a) Downtown work on washington street, Cleveland, Sheridan, and 16th street (estimated cost = $1,000,000). b) Drainage into Hastings Pond, Hastings Avenue, Discovery Road, and "F" Street (estimated cost = $400,000). c) "W" Street to north lagoon (Chinese Gardens) and 12th and Logan Street Area (estimated cost = $230,000). Councilmember McCulloch asked for an explanation of the plans for protection of the wetlands which he did. Councilmember Clise asked if the other governmental agencies will review thesE~ plans for environmental concerns and Mr. Rudloff explained that the city must apply for a hydraulic permit. Councilmember Kenna expressed concern that adequate protection for the wetlands be included in the design of these system improvements. After a brief discussion, Mayor Shirley opened up the meeting to the audience to receive questions from the public. Kathryn Jenks was recogniZE!d and asked who would clean the catch basins and how often maintenance is required. Mr. Rudloff explained that it is impossiblE~ to predict wi th any certainty how often the catch basins would need to be cleaned, but city employees would need to monitor their operation and develop a schedule based upon experience from location to 334 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. location. Ms. Jenks asked if Mr. Rudloff is aware of the restrictions on the easement for the north lagoon. Mr. Rudloff indicated that he was aware of most of them. Ms. Jenks asked if oil separators have been looked at for the entire system. Francesca Knowles was recognized and asked if a shoreline permit has been applied for here. It was explained that a shoreline permit is not required for this project because no work will be done within 200 feet of the shoreline except downtown. I Secondary Sewer Treatment. Gordon Nickelson was recognized and explained that schedule and plans for improvements to the waste water treatment facilities in the North Beach area. The city is waiting for the final grant award from the Department of Ecology before proceeding into the final stages of a call for bids on the new facilities. He explained that although this is behind schedule, once the grant is secured, adjustments can still be made to reach the deadline agreed to by the Department of Ecology. The cost of construction is estimated at $5. 7million and the grant sought is $3.3 million. Mr. Nickelson presented the plans for the new facility addressing the odor control precautions and noise insulation designed into the system. He reviewed the changes to the plant which were made specifically to serve the needs of Cape George. Mr. Nickelson explained that the present plant has no provision for solids handling and as a result they will cause odors until they are removed which is done regularly. He reviewed plans for the use of a masking agent as an interim step until the new plant is on line. A question was posed from the audience as to whether moving the plant to a new site would be less expensive and he explained that this is the most economical site because all the piping in the city goes to that location and there is a current outfall that discharges there. Casey Trap was recognized and asked if current growth patterns and projections from the planning department were taken into account when it was decided to maintain the plant at this site. Mr. Nichelson reviewed the history of the studies briefly and it was indicated that they are on record with the city. I Milton Foss was recognized and asked for the plans for disposal of the sludge to be explained which was done. Mr. Foss then too this occasion to express his opposition to the city's acceptance of septage from Cape George. When the question was posed as to when masking agents will begin to be used, Mr. stricklin explained that the equipment came in this date and will be installed tomorrow. A discussion ensued about the permits required and mitigating measures which have been approved, storm drainage infiltration, sludge disposal, health concerns because of the present emissions from the treatment plant, and environmental concerns. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Clise and passed unanimously by voice vote. Approval of the Minutes of December 4,1989, and December 5,1989, as written without reading. Setting Hearing: I Conditional Use Permit No 8910-03 -Port of Port Townsend for January 2, 1990 Approval of the following Bills and Claims: Current Expense street Library Construction $ 10,085.20 9,183.41 47,499.04 335 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. I Park Emergency Medical services Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 1,199.39 13,908.32 24,743.92 2,452.51 5,272.97 24.45 $114,369.21 Adoption of Resolution: RESOLUTION NO 89-98 A RESOLUTION OF THE CITY COUNCIL OF THE CI'I'Y OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. Street Vacation Application No 8909-03 from Robert and Sally McDole, et. at., on the proposed vacation of unopened McNeill Street extending from 35th Street to 33rd Street will be reviewed at a Public Hearing on January 16, 1990. Approval of Side-Sewer Contractor's License for Shold Excavating. Communications: I A letter dated November 21, 1989, from William M Bennett pointing out problems with storm drainage in the 300 block of Grant Street was copied for Council and referred to the Street/Storm Drainage/ Light Committee. A petition dated November 30, 1989, from Lisa Heinkel, including fourteen other signatures, suggesting the city purchase 3 lots adjacent to Bishop Park for park purposes was copied for Council and referred to the Parks/Property Committee. A letter dated December 1, 1989, from Claudia Nissley, Director, Western Office of project Review, Advisory Council on Historic Preservation, including a Memorandum of Agreement re>garding the Port Townsend Public Library Expansion Project was copied for Council. A letter dated December 13, 1989, from Kevin O'Neill, Assistant Planner, to Donald J Bales, Environmental Review Section, Department of Ecology, thanking him for his commEmt on the mitigated determination of non-significance for the ballasting project proposed by the Port of Port Townsend which included a letter from him was copied for Council. A checklist, dated December 10, 1989, for a rezone application from Philip C Hassrick for Lots 1 through 8, Block 283, Eisenbeis Addi tion to the City of Port Townsend from R-IA to R-III was copied for Council and referred to the Legislative/Environmental Committee. I A letter dated December 14, 1989, from Sperry and Li'ttle to the City Council requesting that the Council remand Conditional Use Application 8908-01 back to the City Planning Commission due to a scaled down plan revision was copied for Council and referred to the Public Hearing later on the agenda. A memorandum from Dan Harpole, Chairman, Port Tmmsend Arts Commission, requesting an additional $2,500 as part of their 1990 B~dget request was copied for Council on December 15, 1989, and ref~rred to t~~ Finance Committee. A let~rf q~teq D~cember 15,1989, from Kathryn Jenks, t:o ~he Mayor and Co~nç~~ citipg the need for a Hydraulic Project ApPfqval from the Department of Ecology, including a letter wri t,t~n to Ted , ' 336 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. Stricklin, Public Works Director from Tim R Rymer, Department of Wildlife, Area Habitat Biologist, and inviting them to participate in a walk around Chinese Gardens and other wetlands in the storm drainage system on January 19, 1990, was copied for Council and referred to the street/storm Drainage/Light Committee. This concludes the Consent Agenda. I RECESS Mayor shirley declared a recess in the meeting at 8:07 PM. meeting was reconvened at 8:15 PM. The PUBLIC HEARINGS Conditional Use Permit Application 8908-01 -Sperry/Little. Mayor Shirley explained that this hearing was continued from the city council meeting on December 5, 1989. He explained that the applicant has requested that this be remanded back to the Planning commission. councilmember Jones made a motion to remand Conditional Use Permit Application 8908-01 to the Port Townsend Planning Commission which was seconded by Councilmember Clise and passed unanimously by voice vote. Conditional Use Permit Application 8910-01 -Cook, Shoreline Substantial Development Permit Application SDP89-0019 -Cook. Councilmember McCulloch left the chambers at this time announcing that she has a conflict of interest in this application. Kevin O'neill explained the application and the recommendation of the Planning Commission. Mayor shirley opened the hearing to the public. David McCulloch was recognized and spoke in favor of his application. Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After a brief discussion, Councilmember Kenna made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit Application 8910-01 and the following findings and conditions for Shoreline Substantial Development Permit Application SDP89-0019 which was seconded by Councilmember Jones and passed unanimously by voice vote. I Findings: 1. The applicant proposes a 1,200 square foot expansion on an existing building located at 627-31 Water Street in the C-III zoning district. Approximately 200 square feet of the expansion will be an addition to the Elevated Ice Cream Company, which currently occupies the building. Another 125 square feet would be an expansion of office space for Elevated Ice Cream, while approximately 300 square feet of office space would be added for use by two medical offices which are current tenants of the building. One motel unit is proposed for the second floor of the proposed addition. Some office space within the existing building would be converted to storage space; the net increase in leasable office space as a result of the project would be approximately 80 square feet. Motels and professional offices are permitted in the C-III zone with a conditional use permit. I 2. The subject building is currently one story and was built in the 1870's. The building has approximately 3,200 square feet of floor area which is currently used as commercial retail and office space. The proposed expansion would add a second story of approximately 590 square feet of floor area for the proposed motel unit. The height of the proposed addition would be 32 feet; the zoning code restricts building height in the C-III zoning district to 50 feet (Section 17.20.010, Port Townsend Municipal Code). The building is classified as a secondary historical structure in the designation of the I I I 337 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. Port Townsend Historic District. The applicant has submitted the proposed expansion plans to the Port Townsend Historic Preservation commission for review. 3. The subject property consists of portions of Lot:s 6 and 8, Block 6, Original Townsite. The zoning to the east and southeast of the subject property is P-I; thE! remaining property surrounding the site is zoned C-III. A city-owned parking lot is located to the east of the site¡ the other property surrounding the subject property is dE~veloped as retail commercial. 4. The site plan submitted by the applicant shows 3 off-street parking spaces located on the site for the proposedl expansion. The off-street parking requirements for the proposed uses, as provided in section 17.28.080 of the Port Townsend Municipal Code, are as follows: Use Area Requirement Required Spaces Food Service 181 SF 1 space/200 SF 1 Office (medical) 303 SF 1 space/150 SF 2 Motel 1 unit 1 space/unit 1 TOTAL: 4 section 17.28.100 states that for uses within the Downtown Parking District, the parking requirements in section 17.28.080 are reduced to seventy-five percent of the requirements which would otherwise apply. This rE!duction, as applied to the proposed expansion, would result in an off- street parking requirement of 3 spaces. Section 17.28.100 further states that uses within the Downtown Parking District which are established in a proposed building thi3 design of which is found by the Historic Preservation CoJnmission to contribute to the Port Townsend Historic District, the parking requirements listed in section 17.28.080 are reducE~d to forty- five percent of the requirements which would otherwise apply. Such a reduction placed on the applicants' proposed building would result in an off-street parking requirement of 2 spaces for the proposed expansion. 5. The City Council is currently 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 draft ordinance would exempt, off-street parking requirements for building expansions in t~he Historic District if the total number of spaces required by the expansion is four or less. 6. 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 applicant has applied for a shoreline development~ permit. At its meeting of November 7, 1989,. the City Council issued a Determination of Non-significance after review of the environmental checklist submitted for the proposed project pursuant to the washington State Environmental Policy Act. 7. Conclusions: 1. The proposed uses of the building will not endanger the public health or safety, nor will a nuisance be created. 338 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. 2. The proposed uses will be required to meet all of the conditions and specifications set forth in the C-III zone in which the property is located. 3. The proposed uses will not be injurious or detrimental to the adjoining or abutting property. I 4. The location and character of the uses will be in harmony with the area in which they are located and in general conformity with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the City Council grants the application as conditioned: Conditions: 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 motel use of the subject building shall not exceed one unit, unless there is express approval by amendment of the condi tional use permit by the Board of Adjustment (City Council). 3. The proposed expansion shall meet all applicable requirements of the Jefferson County - Port Townsend Shoreline Management Master Program. 4. It is understood that the Uniform Building Code and Uniform Fire Code apply and must be met prior to occupancy. If a building permit and/or occupancy permit is not obtained for subject property wi thin 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).- I 5. Councilmember Kenna made a motion that the council adopt the following findings of fact and grant the Shoreline Substantial Development Permit No. SDP89-0019 with the following conditions which was seconded by Councilmember Clise and passed unanimously by voice vote: Findings: 1. 2. 3. The Jefferson-Port Townsend Shoreline Management Master Program requires that a shoreline substantial development permit be issued to the City of Port Townsend for development of the proposal. The following sections of the Program apply in the review of the proposal: 1.20, "Purposes"; 4 .105, "Urban Designation"; 4.106. "Port Townsend Urban Waterfront Special District"; 4.201, "primary Use"; 5.10. "Advertising"; 5.50, "Commercial": 5.140, "Parking Facilities"; 5.150, "Recreational Facilities." I The proposal includes the expansion of two existing uses (ice cream parlor and health care offices). The water-enjoyment component of the existing development would be maintained and enhanced. The proposal also includes the development of a new use, the single motel unit. The motel unit has been administratively determined to be an overnight recreational development which is a primary use in the urban shoreline designation. I I 339 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. 4. The proposal site is wi thin the Port Townsend central business district. It is zoned C-III in the Port Townsend Zoning Code. Adjacent uses include a restaurant, a tavern, a parking lot, a police station, and the Ruth Seavey Jackson Memorial Sculpture. The Jackson Sculpture consists of a tidal clock and a water viewing area. 5. The water-enjoyment component of the existing and proposed development compliments the public use of the adjacent Jackson Memorial Sculpture on the shoreline. 6. The proposal is compatible with the existing adjacent uses. 7. Notice of the application was made by publishing lE~gal notices in the November 1 and 8,1989, editions of the Port Townsend- Jefferson County Leader, posting the site of the proposed development with notices on November 13, 1989, and notifying by mail immediately adjacent property owners. The proposal has been reviewed according to the Washington 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 November 7, 1989. 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. Conditions: 1. In the event that on-site parking spaces are required by the City of Port Townsend, a storm water management plan shall be submitted to the City Public Works Department for review and approval. 2. As per Section 4.203, "Conditional Use," in the Jefferson-Port Townsend Shoreline Management Master Program, any future change in use from a primary use to a conditional use shall be contingent upon issuance of a conditional use shoreline permit by the City of Port Townsend. 3. The courtyard area shall be maintained as an open space amenity for the enjoyment of the ice cream parlor customers. This condition may be subject to the requirements of the Port Townsend Parking Ordinance. Councilmember McCulloch returned to the chambers. Variance Application 8910-02 -cunningham. Kevin O'Neill reviewed the application and the recommendation of the Planning Commission. Mayor Shirley opened the hearing to the public. Al Cunningham was recognized and spoke in favor of his application. Scott: Walker was recognized and explained that this street right-of-way çroes through even though it is not open at the present time and ~.¡ould be an excellent place to work out pedestrian travel. Mayor shirley closed the hearing to the public and turned to the Council for Disposition. After a brief discussion, Councilmember Clise made a motion that the Council adopt the following findings and conclusions and deny Variance Application 8910-02 which was seconded by Councilmember Chang and passed by voice vote. Councilmembers Owsley and Jones voted against the motion. I Findings: 1. The applicants recently purchased a single-family residence at 1411 willow street. The property is located in the R-I zoning district. The previous owner of the proper1:y had begun construction of a 200 square-foot carport/deck, which the 340 -~~~, MINUTES OF THE REG'ULAR~SESSION OF DECEMB,ER 19, 1989, Cont. , , applicant states is approximately ~ö \p~~cent complete. Because construction commenced without application for a bui lding permit, the front yard setbacks required by the zoning code (17.20.010, Port Townsend Municipal Code ) 'were not checked, and the addition was built to within twelve feet of the front property line on willow Street. Because the zoning code requires front setbacks of twenty feet in the R-I zone, a variance is being sought by the applicants to permit the addi tion to remain where constructed .~, " I 2. The subject property is located at the northwest corner of Willow and N streets. The portion of Willow Street abutting the subject property is open and developed, while the portion of N street abutting the site is opened as a dirt road serving the residence to the south of the subject property. The portion of willow Street extending north of 0 street to the north of the site is vacated. The property is described as Lots 1 and 3, Block 34, pettygrove's First Addition. The property dimensions are 100 feet by 100 feet, resulting in an area of 10,000 square feet. 3. The existing residence is constructed at an angle from Willow Street, extending from the southeast corner to the northwest corner of the property. The northeast corner of the building is approximately 35 feet from willow street, while the southeast corner of the building is 20 feet from willow Street, as shown on the plot plan submitted by the applicant. The southwest corner of the building is approximately 25 feet from the side property line abutting N street. The addition as constructed is 10 feet from N street, which is permitted under the side setback requirements in section 17.20.010 of the zoning code. The house and the addition appear to cover approximately 1,200 square feet of the 10,000 square foot lot for approximately 12 percent lot coverage. The property is surrounded by single-family development. Single-family residences are located adjacent to the north and south of the subject property on the west side of Willow Street, while two single-family residences are located to the northeast of the subject property across Willow Street. These residential buildings are all setback more than twenty feet from Willow street. I 4. 5. The applicants state that the expansion would be buffered from adjacent properties because the lot has a slight grade and there are trees surrounding it. The applicants also state that willow street is a "defacto cul de sac" since the portion of the street to the south of the lot is undeveloped. 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. There are no special conditions or circumstances of the subject property which do not result from the actions of the applicant which are peculiar to the subject property and which are not applicable to other lands in the district. I 3. Although the applicants would suffer the expense of reconstructing the addition if the variance is not granted, such expense results from the failure of the previous owner to make application for a building permit. Accordingly, a literal interpretation of the provisions of the Port Townsend Municipal Code would not deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). I 341 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. 4. The variance would, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 5. The granting of the variance would be detrimental to the public welfare and injurious to the property or improvements in the vicinity and zone in which the property is situated. 6. The reasons set forth in the above-referenced application do not justify the granting of the variance, and the variance is not the minimum variance that will make possible the reasonable use of the land. 7. Because the granting of the variance would not be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code, the City council denies the above-referenced application. ORDINANCE NO 2173 AN ORDINANCE RELATING TO REVENUE AND FINANCE, SETTING FEES FOR VARIOUS BUILDING AND LAND USE APPLICATIONS, PERMITS AND SERVICES, ADDING A NEW SECTION AND AMENDING ORDINANCE NO 2050, ORDINANCE NO 1625, SECTION 3.36.010 AND SECTION 17.60.020 OF THE PORT TOWNSEND MUNICIPAL CODE. Michael Hildt explained changes to the last draft of this ordinance. Mayor Shirley then opened the hearing to the public. There being no testimony offered, the hearing was closed to the audience and the draft turned over to the council for disposition. Mr Grove read the ordinance by title. After a brief discussion, 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 Camfield made a motion that the Council adopt Ordinance No 2173 which was seconded by Councilmember Chang and passed unanimously by roll call vote. I COMMITTEE REPORTS Legislative/Environmental. Councilmember Kenna made a motion that the council issue a mitigated declaration of non-significance on the environmental checklist on a 74 unit congregate care facility at 12th and Hancock Street provided that the following mitigating measures are taken which was seconded by councilmember Camfield and passed unanimously by voice vote: 1. 2. I 3. 4. The proponent shall preserve the existing treE~S abutting Rosecrans Street. All exterior lighting shall be hooded to prevent glare to adjacent properties. The fire lane shown on the site plan on the northern edge of the property shall be eliminated; instead, 12th Street shall be developed between Rosecrans and Hancock Streets. Hancock street shall be developed by the proponent from 9th Street to 12th Street in accordance with the Port Townsend ci ty Design standards. The sidewalk as shown on the si t.~ pla,n on Hancock Street shall be extended to 9th Street. Councilmember Kenna announced a committee meeting for 7:00 PM on Tuesday, January 2,1990, in the Council Chambers prior to the next regular meeting to discuss the environmental checklist submitted by Phillip Hassrick. 342 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. Street/Storm Drainage/Light. Councilmember Jones reported that the committee reviewed the possibility of installing a four way stop at the intersection of "F" and Cherry. Lighting for the intersection of 19th and Discovery' was discussed and puget Power is offering to install two street lights in the area. Mr. stricklin reported that it is also recommended that rubber reflective posts be installed to aid drivers in following the road. He reported that the costs of the light would be sixty dollars. Councilmember Jones made a motion that the improvements be made which was seconded by Councilmember Camfield and passed unanimously by voice vote. A sample of the new foot path markers was shown to the council which were cut by the high school wood shop. Councilmember Jones reported on a problem with motion sensing floodlights that people now have on their homes explaining that some are blinding drivers as they pass by. Li tter Control. councilmember Kenna asked if a representative from Safeway stores can come to the next city council meeting to hear their concerns about the litter being generated by their deli operation. After a brief discussion, Councilmember Kenna suggested that a representative from McDonalds should also be invited to answer as to why they are not meeting the terms of their agreement. Parking Improvement Adhoc Committee. Councilmember Clise reported that the committee has met and agreed that they would like to get the revised parking plan back to the council before the retreat and presented the council with a third draft. He requested that it be made available to the public and placed on the agenda for the next council meeting. Water and Sewer. Councilmember McCulloch reported that the committee discussed the response from the Department of Ecology on the industrial waste treatment agreement with New Day Fisheries and indicated that they feel they have worked out an acceptable agreement subject to a review by the City Attorney. Mr. Harper indicated that he has already reviewed this document before and made his recommendations. Mr. stricklin reported that those changes have been incorporated in the draft presently before the council. Mayor Shirley indicated that he would put it on the agenda for January 2nd. Councilmember McCulloch reported that Bob Leach from Public utility District No.1 met with the committee to discuss realignment of the service area boundaries and additional water for the Glenn Cove area. She indicated that the committee has no recommendation in response to his request at this time. A discussion was also held in the committee about the replacement of spaghetti water lines in fully developed areas. Pink House Adhoc Committee. Councilmember Camfield reported that the survey of the Pink House has been completed, a verbal report has been made to the committee, and as soon as a written report is complete, the council will receive a copy. Parks and Property. Councilmember Camfield reported that she thinks the city should investigate the request for the purchase of property near the Bishop Park for a neighborhood park because there are no park facilities of this type ,on that side of town. councilmember Camfield reported that the council has received an estimate from the Public Works Director for the cost of constructing a sidewalk in the area of Grant Street School. She suggested that she take the estimates back to the Principal of Grant Street School and see how he feels about the width and bring it back to the next council meeting. Councilmember Camfield asked about the striping of 19th. Mr. stricklin indicated that the next time the contractor is in town he will restrip 19th as requested. I I " I 343 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. Photo Documentation of Elected Officials. Mayor shirley reported that Paul Boyer will be in the Council Chamber on January 9th at 7:30 PM to photograph the existing city council for posterity. UNFINISHED BUSINESS I ORDINANCE NO 2175 AN ORDINANCE RELATING TO ZONING AND PARKING AND LOADING REQUIREMENTS; ESTABLISHING CHAPTE:R 17 . 30 , OFF-STREET PARKING AND LOAD I J<¡rG REQUIREMENTS; ADDING NEW SECTIONS; AMENDING SECTIONS 17.16.030, 17.08.365, 17.16.010, 17.20.010, 17.40.030, 17.40.040 AND 17.64. 04!:i; AND REPEALING CHAPTERS 17.24,17.28 AND 17.32 OF THE PORT TOWNSEND MUNICIPAL CODE. I Mayor Shirley reported that the Chamber of CommerCE! wanted an opportunity to comment on the latest draft; he called for their response but no one was present. Sheila Westerman was recognized and asked for an explanation of some sections of the ordinance. Mr. Hildt responded to her request. A council discussion ensued about the inclusion of the uptown area as well. Councilmember Owsley made a motion that the draft be changed to include the commercial zones in the uptown historic district as well as the downtown parking district which was seconded by Councilmember Camfield and passed unanimously by voice vote. Councilmember Chang pointed out three wording errors on pages 6, 7, and 8 ()f the draft which were changed by consensus. Mr. Grove read the ordinance 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 McCulloch and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Jones made a motion that the ordinance be tabled until the next meeting which was seconded by Councilmember Kenna and passed unanimously by voice vote. ORDINANCE NO 2172 AN ORDINANCE APPROPRIATING THE SUM OF $5,300 TO THE CURRENT EXPENSE FUND AND $7,500 TO THE WATER-SEWER FUND, MAKING FINDINGS, AND DECLARING AN EMERGENCY. Mr. Grove read the ordinance by title which constituted. the second reading. Councilmember Kenna 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 Camfield made a motion that the Council adopt Ordinance No 2172 which was seconded by Councilmember Jones and passed unanimously by roll call vote. ORDINANCE NO 2174 I AN ORDINANCE FIXING AND ADOPTING THE 1990 BUDGET FOR THE GENERAL CITY GOVERNMENT, THE WATER-SEWER UTILITIES, THE STORM AND SURFACE WATER UTILITY, AND BOND REDEMPTION FUNDS. Mayor shirley recommended that $6,800 be reappropriated from overtime to salaries and wages in the Planning and Building Depart to provide for a salary increase to the Director. Mr. Grove explained additional changes in Equipment Rental and Current Expense r-evenue which were in response to changes votE:!d on by the council !~'other sections. He explained that the Library Board has secured a grant from the state which was not reflected in the preliminary Budget in the am~ of $10,000 which neE!ds to be in 344 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. the final document. A discussion ensued on including an additional budget for $38,000 to be spent from the Community Development Block Grant Fund. Councilmember Kenna made a motion to approve the proposed changes listed above as well as a budget of $38,000 for the Community Development Block Grant Fund which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr. Grove read the ordinance 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 Clise and passed unanimously by voice vote. Mr Grove again read the ordinance by title. After a brief discussion, Councilmember Camfield made a motion that the Council adopt Ordinance No 2174 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. I Sewer Connection Ordinance. Mayor Shirley announced that he would like to refer this back to the Water-Sewer Committee. NEW BUSINESS Final Plat for Bay Vista Condominiums. Kevin O'Neill explained that the Planning Commission has approved the final plat for the Bay vista Condominiums and explained the restrictive covenants and indicated that the city Attorney is recommending certain conditions. Councilmember Camfield made a motion that the council adopt the following findings, conclusions, and conditions and approve the final plat for the Bay vista Condominiums which was seconded by Councilmember Jones and passed unanimously by voice vote. Findings: I 1. On January 7, 1986, the Port Townsend City Council approved Subdivision Application 485-03 for preliminary plat approval of a condominium project to be located on Lots 1-4, Block 17, Hastings Addition. The Council also approved a shoreline substantial development permit and conditional use permit for the project. Application for subdivision was made pursuant to section 18.44.020 of the Port Townsend Municipal Code, which states that "All condominium projects will be filed as a subdivision in accordance with the provisions contained herein. . . II . 2. On September 6, 1988, the City Council granted a second conditional use permit for the proposed condominium project, since the original permit had expired. One of the conditions of approval in the conditional use permit was that a final plat for the project be submitted no later than January 7, 1989. On May 16, 1989, the Council granted an extension of this date to January 7, 1990, pursuant to RCW 58.17.140. 3. The applicant has submitted a final plat for the proposed condominium, pursuant to Chapter 18.28, Port Townsend Municipal Code. The submittal consists of a final plat document, a grading and utility plan, and a set of covenants, conditions, and restrictions (CCR). The CCR for a condominium are required under the Horizont~l Property Regimes Act (RCW 64.32). I 4. The City Council incluqeq seVefql conditions to the shoreline substantial development perm~t qqq the conditional use permit for the above-referenc~d prqject relating to the final plat and.the CCR. These cpnditiops include the establishment of a condominium owners association; provisions in the CCR regarding maintenance and repair of landscaping, public access sigps, and parking areas; requirements for ground-related lighting to be operated by the owners association; an 345 MINUTES OF THE REGULAR SESSION OF DECEMBER 19, 1989, Cont. I 6. agreement by the association to participate in thE! cost of a center turn lane to serve the property; the presE:rvation of a public pedestrian easement across the tidelands adjacent to the site; a prohibition against the storage of boats, trailers, and recreational vehicles on the property; and a "Notice to Potential Purchasers" stating that the project is located in a commercial zone and abuts commercial uses. These provisions are included in the CCR submitted by the applicant. 5. Public Works Director Ted stricklin has reviewed the final plat document and the grading and utility plan. In a memorandum dated November 30, 1989, to the Planning Commission, the Public Works Director stated that t:he grading and utility plan was acceptable. The Planning Commission considered the final plat documents submitted by the applicant at their November 30 business meeting. The Commission continued their considerat:ion of the plat to their December 14 business meeting and asked the applicant to amend the plat document to brinq it into conformance with Title 18 of the Port Townsend Municipal Code and RCW 64.32. Conclusions: I I 1. The final plat documents and CCR submitted by the applicant are in conformance with the conditions previously slttached to the shoreline substantial development permit and conditional use permit approved by City Council for the proposed project The final plat meets the purposes, standards and criteria of Chapters 18.28 and 18.32 of the Port Townsend Municipal Code, and the City Council approves the plat as conditioned. 2. Conditions: 1. The applicant shall comply with RCW 64.32 and, in particular, shall record with the Jefferson County Auditor prior to any transfer, conveyance or sale of any unit, or contract to transfer, conveyor sale of any unit, "as-built" plans as required by RCW 64.32.100, as now or hereafter amended, accurately depicting all detail set forth in that section. 2. with the final plat, the applicant shall record with the Jefferson County Auditor a declaration with covenants, conditions and restrictions which shall (a) include all applicable conditions set forth in the shoreline substantial development permit, conditional use permit, variance, and subdivision approvals; (b) include all provisions required by RCW 64.32 and Title 18 of the Port Townsend Municipal Code, and (c) be first approved by the City Attorney. Bid Opening. Mr. Grove opened and read aloud the follo~7ing bid to supply the city with a loader: SMITH TRACTOR AND EQUIPMENT $50,881.60 Mr. Stricklin reported that this was below his estimate. counci lmember Kenna made a motion to accept the bid which was seconded by Councilmember Jones and passed unanimously by voice vote. ORDINANCE NO 2176 AN ORDINANCE RELATING TO A PRIOR STREE,]~ VACATION, AMENDING ORDINANCE 1672 TO ESTABLISH THE LOCATION OF A CERTAIN EASEMENT IN VACATED MORRISON STREET. "FiO , MINUTES__QF__'¡'JIE_-R~Q{J]:,MLS~SS10~_-£~---Q:EC~~~-~!~~_19 8 9, Cont. --.--- ---- Mr. Hildt explained the need for the ordinance. Councilmember Camfield 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 Camfield made a motion to adopt Ordinance No. 2176 which was seconded by Councilmember Jones and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION I A discussion ensued on future uses of Hotel-Motel Transient Tax and the possibility of the city taking over responsibility for the Redman Cemetery. councilmember Camfield suggested that the other councilmembers take a look at the tree near the corner of Tyler and Franklin which Mr. Bounds is complaining about. She explained that Parks Department staff visited the site and suggested that Mr. Bounds move his sprinkler system rather that be allowed to remove the tree. Thanks were expressed to Karen Chang as she now completes her term as a City Councilmember. EXECUTIVE SESSION Mayor Shirley announced an Executive Session at 11:13 PM to discuss real estate acquisition and union negotiations including David Grove, Keith Harper, Michael Hildt and Ted Stricklin. The meeting was reconvened at 11:36 PM. ADJOURNMENT -I There being no further business, Mayor Shirley declared the meeting adjourned at 11:36 PM. Mayor 63=t2 Attest: J~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF JANUARY 2, 1990 The pi ty ~ouncil of the City of Port Townsend met in ~~::~~~s t~~s c~~CyO~d l~ay of January, 1990,. at 7: 30 PM in the a , Mayor Brent S. Shlrley presiding. OATH OF OFFICE regular Council The C~ty Clerk, David Grove, administered the Councllmembers Jean Camfield, Vern Jones Norma oath of office to Westerman. ' Owsley, and Sheila I ROLL CALL Councilmembers present at II II Vern Jones, Mike Kenna J:~ie ~~CUI~er~ J~an Camfield, John Clise, Westerman. Also pres~nt were Cle k~~' orma Ows~ey, and Sheila Attorney Reith H . r reasurer Davld Grove, City . arper, PubllC Works Director T d st. . Dlrector of Planning and Buildin M' h . e rlcklln, Planner Kevin O'Neill. g lC ael Hlldt, and Assistant