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HomeMy WebLinkAbout05/15/1990 440 MINUTES OF THE REGULAR SESSION OF MAY 1, 1990, Cont. ADJOURNMENT There being no further business, Mayor Shirley declared the meetinq adjourned at 10:45 PM. Attest: ~~ I Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MAY 15, 1990 The City Council of the City of Port Townsend met in regular session this Fifteenth day of May, 1990, 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 camfield, John Clise, Vern Jones, Michael Kenna, Julie McCulloch, Norma Owsley and Sheila Westerman. Also present were Clerk-Treasurer David Grove, City Attorney Keith Harper and Director of Planning and Building Michael Hildt. PUBLIC COMMENTS I Marilyn Staples was recognized and stated she has heard rumors that a business will be displaced in order for the Union Wharf to make up the additional 50 parking spaces required. Dick Shipman was recognized and spoke in favor of the animal control ordinance and also stated he is the spokesman for the PUD #1 if there are any questions about the letter from Ken McMillen. Mayor Shirley explained that the letter from Ken McMillen has been referred to the Water-Sewer Committee which will set a meeting during Committee Reports to address it and that any interested citizen is invited to attend. Scott Walker was recognized and spoke about the damage done to the" street trees by the operator of the flail mower and that specific guidelines should be adopted and followed. Bonzo DeLeo was recognized and stated the operator of the flail mower had ruined an area on Monroe Street that had been carefully mowed and a bench installed. Bonzo also commented on the employee that runs the broom on Friday morning stating that if the broom does not hold water, and recommended that it not be used because of the dust it raises. I Mayor Shirley stated that the broom does not hold water because the tank has rusted out and that a new broom will be here in 30 to 60 days. Katheryn Jenks was recognized and stated that mowing along the roadways is far better than spraying. She cited a study that native plants can be planted along roadways that do not need mowing or spraying. She also suggested someone could be picking up plastic that is being revealed by the mower and plants growing along the bluffs should not be cut because of erosion problems or that the blades should be raised a few inches. 1L/-) MINUTES OF THE REGULAR SESSION OF MAY 15, 1990, Cont. John Maher was recognized and stated that he is in the process of building a home near North Beach and requested payback agreements for the upgrading or installation of streets similar tel the water line and sewer line agreements now in use. I Bob Bammert, Henry Nichols, Mary Kilmer, Nancy Park, Mrs Nichols, Valerie Hoff, Melody Romaro, Liz Rosback, Bonita Flagg and Debbie Wheaton were all recognized individually and supported adoption of the animal control ordinance. UNFINISHED BUSINESS Mayor shirley moved Ordinance No 2188 up on the agenda because of the interest shown by the number of people present in it,he Council Chambers. Councilmember Owsley stated that her objection to the proposed ordinance had been with notification to the owners of animals at the third impoundment and stated that the present language is more acceptable. ORDINANCE NO 2188 I AN ORDINANCE MODIFYING LICENSE, KENNEL IMPOUND, EUTHANASIA AND SURRENDER FEES FOR ANIMALS; PROVIDING FOR SENIOR CITIZEN FEE DISCOUNTS, WAIVERS OF IMPOUND FEES, AND MANDATORY SPAY AND NEUTER OF CERTAIN CATS AND DOGS ¡ AMENDING SECTIONS 8.04.040, 8.04.250, AND 8.04.340 OF THE PORT TOWNSEND MUNICIPAL CODE; ADDING NE:W SECTIONS TO CHAPTER 8.04 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title and state that this is the third and final reading. Councilmember Clise made a motion to adopt Ordinance No 2188 which was seconded by Councilmember McCulloch. Mr Harper stated that there are some suggested changes to the wording of the ordinance. After discussion, which included questions to Bonita Flagg, Councilmember Clise made a motion that the ordinance be tabled until the next meeting for re-wording by the City Attorney which was seconded by Councilmembe!r Jones and passed unanimously by voice vote. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. I Approval of the minutes for May 1,1990, without reading. Approval of the following Bills and Claims: Current Expense Street Park Emergency Medical Services capital Improvement Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $13,195.70 5,001.12 4,203.11 3:,9.04 6,601.08 33,284.29 498.20 23,329.11 263-Þ08 $86,734.73 #;¿ ~-- ---_~~~l!t!T~~~__Ç>~- TH~~~E9!1LAR SESSION OF MAY _15, 1990, Cont. --~-.._- Setting Hearings: Variance Application No 9003-01 -Younce Conditional Use Application No 9004-02 -Greenhalgh Conditional Use Application No 9004-03 -Lunde all for June 5, 1990 I Adoption of Resolutions: RESOLUTION NO 90-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Allen and Tania Rupert have agreed to construct a 6-inch water line in Maude Street in Irondale from 9th Street 400 feet West within the City of Port Townsend service district. RESOLUTION NO 90-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Brad Lovelace has agreed to construct a 6-inch water line in Hendricks Street from 30th to 31st Street within the City of Port Townsend. Communications: I A letter dated April 2, 1990, from James C Riddle, stating his , concern with flammable materials being dumped down the bank at the end of Lawrence Street was copied for Council May 3, 1990, and referred to the Street/storm Drainage/Light Committee. A letter dated April 23, 1990, from Glen Bellerud, Manager, Fort Worden State Park Conference Center, to Mayor Shirley extending a special thank you to Joe Kenyon and the City of Port Townsend for prompt response in repairing the water line at Fort Worden was copied for Council. A letter dated May 2, 1990, to Mayor Shirley from Bridget D Hartman, Manager, Critical Issues Fund, National Trust for Historic preservation, introducing an upcoming project of the Fund which will measure the impacts of historic preservation and other aesthetic regulations on a local jurisdiction's economic health and fiscal condition was copied for Council. A letter dated May 4, 1990, from Kenneth McMillen, President, PUD #1 Commission, regarding water service to property along Jacob Miller Road was copied for Council and referred to the Water/Sewer Committee. A letter dated May 6,1990, from Michael Hildt, Director, Planning/ Building to Reiko Y Botts noting concerns for a possible vacation of Hancock Street by Ted Shoulberg was copied for Council. I A letter dated May 7, 1990, from Jack Hensel to the Board of Directors, Towne Point Home Owners Association, confirming statements made at a meeting of the Directors, was copied for Council and referred to the Legislative/Environmental Committee. A letter dated May 7, 1990, from Mayor shirley to capt Don Schwartzman, Washington State Department of Transportation, Marine. Division, requesting that the Washington State Ferries comply with 443 MINUTES OF THE REGULAR SESSION OF MAY 15, 1990, Cont. Ordinance No 2147 and instruct their concessionaire to ban the use of styrofoam food containers on the Port Townsend-Keystone ferry run was copied for Council. I A letter dated May 7, 1990, from Mayor Shirley to Joe Kenyon thanking him for prompt response in repairing a water line for the Fort Worden State Park Conference Center was copied for Council. A petition received May 7, 1990, from residents of Rose~vood between Center and U Streets opposing the widening of Rosewood and proposing that Q street be opened instead was copied for Council and referred to the Street/Storm Drainage/Light Commit:tee. A letter dated May 8, 1990, from Val Huckins stating his concerns about three madrona trees at the corner of Cherry and S Streets and his suggested removal was copied for Council and referred to the Street/storm Drainage/Light Committee. I A petition dated May 8, 1990, from Residents of the North Beach Communi ty, Concerned Residents of Cape George and Conce!rned Voters of Port Townsend and Jefferson County requesting the Council to listen to Public concerns, with State experts present to mediate to help understand the real facts and options for our County regarding the Comprehensive Environmental and Economic Impact to all County Residents of the Port Townsend Regional Wast~e Treatment Facility was copied for Council and referred to the City Attorney. A letter dated May 9, 1990 from Howard Scott, Fire Chief, to the Street/storm Drainage/Light Committee, including the pe!ti tion from residents of Rosewood between Center and U Streets, stating that the opening of Q Street instead of improving Rosewood would not provide emergency service delivery was copied for Council and referred 'to the Street/Storm Drainage/Light Committee. A letter dated May 10, 1990, from Mayor Shirley to the Council announcing the appointment of Bob Wheeler as Public Works Director, subject to confirmation was copied for Council. A letter dated May 10, 1990, from Randy and Janice Andrus, victorian Carriage Rides, requesting a renewal of their conditional use permit for the 1990 season was copied for council and referred to the Legislative/Environmental committee. An Environmental Checklist paid on May 10, 1990, from Norman L Ream and Mark E Johnson for a 54 unit condominium with par:king garage and retail space at 431 Water Street was copied for Council and referred to the Legislative/Environmental Committee. A memorandum dated May 10, 1990, from Thomas J Majhëm to Keith Harper enclosing the revised Amended Property Use and Development Agreement as requested by Mr Harper was copied for Council and referred to the Legislative/Environmental Committee. PUBLIC HEARINGS I Conditional Use Permit Application No 9002-02 -Mason. Mr Hildt reviewed the findings, conclusions and conditions of the Port Townsend Planning Commission. Mayor Shirley opened the hearing to the public. Doug Mason was recognized and spoke in favor of the application. There being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposi tion. Councilmember Kenna made a motion that ithe Council adopt the following findings, conclusions and conditions and grant Conditional Use Permit Application No 9002-02 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. 4. 444 MINUTES OF THE REGULAR SESSION OF MAY 15, 1990, Cont. Findings: 1. The applicants propose to establish a tourist home use in an existing building located on Lot 2, Panorama Heights Short Plat. The applicants own Lots 1, 2, and 3, in this subdivision. The applicants' residence is located on Lot 1, while a barn with an apartment is located on Lot 2. The barn was built in 1987. Ordinance 2155, passed by the City Council on June 20, 1989, states that "A tourist home or a portion thereof may be located in an accessory building which was lawfully established prior to June 1, 1989." A tourist home use is allowed in the R-IA zone as a conditional use. I 2. The zoning code defines "accessory building" as "a subordinate building, the use of which is incidental to the use of the main bui lding on the same lot." ( 1 7 . 0 8 . 0 1 0 , Port Townsend Municipal Code) In order for the barn/apartment to be considered an "accessory' building" to the applicants' residence, it will be necessary to place a restrictive covenant on the property combining Lots 1 and 2 as a single building site, so that the accessory building would be on the same lot as the existing residence. The applicants have agreed to place this covenant on the property. At the time the barn/apartment was constructed, the subject property had not been divided into lots; the subdivision of the property was approved by Council in January, 1989. 3. The subject property is located north of 35th Street and east of Howard Street. Access to the property is from an easement which was dedicated at the time the Panorama Heights Short Plat was approved. The site is surrounded by single family residential development. All of the property surrounding the subject property is zoned R-IA. The proposed tourist home would have one guest unit. Ordinance 2155, as passed by the City Council on June 20, 1989, states that "A bed and breakfast inn or a tourist home shall provide two off-street parking spaces for the owner's use plus one parking space for each guest room". Therefore, the proposed use requires three off-street parking spaces. The applicant states that four off-street parking spaces are designated on the property. I Conclusions: 1. 2. 3. 4. The proposed tourist home use of the subject property will 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 R-IA zone in which the property is located. The proposed use will not be injurious or detrimental to adjoining or abutting property. The location and character of the use will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. I In consideration of the aforementioned findings and conclusions, the City Council grants the application as conditioned: 1. The proposed tourist home use shall exhibit no outward appearance of a business or of a non-residential use, except for signs permitted in Chapter 17.34 of the Port Townsend Municipal Code. I I I 4. 445 MINUTES OF THE REGULAR SESSION OF MAY 15,1990, Cont. 2. Use of the property as a tourist home is restricted to one guest room. 3. Three off-street parking spaces shall be provided, in conformance with the requirements of Ordinance 2175. 4. A restrictive covenant connecting Lots 1 and 2, Panorama Heights Short Plat, as one lot must be executed and recorded by the applicants prior to issuance of a occupancy permit. 5. If an occupancy permit is not obtained for the proposed use of the 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. Conditional Use Application No 9002-03 -Jefferson General Hospital. Mr Hildt reviewed the findings, conclusions and condit,ions of the Port Townsend Planning commission. 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. Councilmember Camfield made a motion that the Council adopt the following findings, conclusions and conditions and grant Conditional Use Application No 9002-03 which was seconded by Councilmember Clise and passed unanimously by voice vote. Findings: 1. The applicant proposes to establish three modular buildings as an expansion to Jefferson General Hospital. 11he location of the proposed buildings would be Lots 3-6, Block 192, Eisenbeis Addition. This property is located in the R-I zoning district. A hospital is permitted in the R-I zoning district with a conditional use permit. City Att~orney Keith Harper has previously opined that when a use which requires a conditional use permit expands, the expansion also requires a conditional use permit. 2. The three buildings would be located on Lots 3-6, Block 192, Eisenbeis Addition. This property is bounded by vacated 9th Street to the south, Cleveland Street to the west, Wilson street to the east, and Lots 2 and 7, Block 192, to the north. The existing hospital buildings are located on portions of Blocks 210, 211, 219 and 220, Eisenbeis Addition, which are to the south and southwest of the subject property. The property is surrounded by a single-family residence to the north, vacant property to the east, the hospital to the south, and a parking lot for the hospital to the 'Ilest across Cleveland Street. 3. The applicant proposes three buildings, each of which would be 28 feet by 34 feet, or 952 square feet. Two of the buildings would be used for business office space and a conference room, while the third building would be used for office space for two physicians or storage. The offices would be open from 7: 00 am to 6: 00 pm, while the! conference room would sometimes be used until 9: 00 pm. Th,e applicant states that approximately 16 people would work in ithe proposed buildings. Ordinance 2175 outlines off-street parking requirements for uses. The off-street parking requirement for al1l office not providing on-site customer services is one space per 400 square feet of floor area; the parking requirement for medical offices is one space per 200 square feet of floor area. Therefore, the off-stree.t parking requirement for the two business office buildings would be 5 spaces (1904 square feet/400), while the off-street parking requirement for the 446 4. MINUTES OF THE REGULAR SESSION OF MAY 15, 1990, Cont. 5. medical office building would be 5 spaces (952 square feet/200), for a total of 10 off-street parking spaces. The applicant has submitted an amended site plan, dated April 11, 1990, which designates the southern 30 feet of the subject property as parking. Access to the parking would be from an existing 33-foot-wide driveway which is developed on the portion of vacated 9th street south of the site. The bulk and dimensional requirements outlined in Section 17.20.010 of the Port Townsend Municipal Code require buildings in the R-I zoning district to have a front and rear setback of 20 feet, and side setbacks of 5 and 10 feet; building height cannot exceed 30 feet; and lot coverage cannot exceed 35 percent. The site plan submitted by the applicants conforms to these requirements. The applicant has submitted a letter, dated April 10, 1990, stating that the lot lines between Lots 3,4, 5, and 6 could be vacated so that the site could be described as one lot. The amended site plan shows that the proposed buildings would be located on the existing lots lines. I Conclusions: 1. The proposed use of the subject property, developed under the conditions specified herein, will not endanger the public health or safety, nor will a nuisance be created. The proposed use will be required to meet all of the condi- tions and specifications set forth in the R-I zone in which the property is located. 2. 3. The proposed use, developed under the conditions specified herein, will not be injurious or detrimental to adjoining or abutting property. I The location and character of the use, developed under the conditions specified herein, will be in harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. In consideration of the aforementioned findings and conclusions, the City Council grants the above referenced application as conditioned: 1. The applicant shall plant and maintain a landscaped buffer between the proposed facility and abutting properties to the north, west, and east. A landscaping plan shall be submitted to and approved by the building official prior to issuance of a building permit. 2. A parking plan providing for no less than ten off-street parking spaces shall be developed in accordance with Ordinance 2175 shall be approved by the building official prior to the issuance of a building permit. 3. It is understood that the Uniform Building Code and Uniform Fire Code apply and must be met prior to occupancy. I 4. If a building permit or occupancy permit is not obtained for the subject property within one year of the date of the board's decision, the conditional use permit shall be cancelled and automatically become null and void. 5. The lot lines of Lots 3,4,5 and 6 of Block 192 of the Eisenbeis Addition shall be vacated. I I 447 MINUTES OF THE REGULAR SESSION OF MAY 15,1990, Cont. I Street Vacation Application No 9001-08 -Bliss. Mr Hildt reviewed the findings, conclusions and conditions of the Port Townsend Planning Commission. Mayor shirley opened the hearing to the public. Don Bliss, Jim Inman and Scott Walker were all recognized individually and spoke in favor of the application. 'rhere being no further testimony, Mayor shirley closed the hearing to the public and turned to the Council for disposition. After discussion, Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and conditions and grant street Vacation Application No 9001-08 which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings: 1. The applicant proposes to vacate the portion of Quincy Street extending northwest from Reed Street, abutting Lo1:: 6 on Block 24, Mountain View Addition, and Lot 9, Block 23, Mcluntain View Addi tion. The applicant proposes to vacate the ent:ire 60-foot width of the Quincy Street right-of-way. 2. The applicant owns Lots 1-8, Block 24, and Lots 1-10, Block 23, Mountain View Addition. James Inman owns Lo'ts 8 and 9, Block 23, Mountain View Addition. Mr Inman signed the application as a property owner abutting the portion of the street proposed to be vacated. 3. The applicant, on the original application dated January 24, 1990, proposed vacation of the portion of Quincy Street extending from Reed Street to Bryan Street abutting Blocks 23 and 24. After speaking with the Fire Chief, the applicant submitted an amended application, dated March 29, 1990, requesting that only the portion of Quincy abut'ting Lot 6, Block 24 and Lot 9, Block 23, be vacated. ~rhe amended application also states that the applicant would dE~dicate land for a turnaround area should the vacation be approved. 4. The applicant states that Quincy Street is blocked by a sharp grade at Reed Street and that it would be difficul1: to develop it as a street. The applicant has no plans to develop any portion of the street should it be vacated. Conclusions: 1. The proposed street vacation is in compliance wi t~h the goals and policies of the Comprehensive Plan. 2. The portion of Quincy Street proposed to be vacated is not required for current or anticipated overall area c:irculation. 3. The effectiveness of fire, law enforcement, medical or other emergency services will not be impaired by the proposed vacation. 4. The portion of Quincy Street proposed to be vacated is not required as a current or anticipated utility corridor. 5. The portion of Quincy Street proposed to be vacated is not required as a current or anticipated bicycle, pedestrian or equestrian trail corridor. -I 6. The portion of Quincy Street proposed to be vaca1::ed does not abut on a body of salt or fresh water. 7. Because the proposed street vacation conforms wi1:h the goals and policies contained in the Comprehensive Plan and satisfies the review criteria for street vacations set forth in section 12.20.060 of the Port Townsend Municipal COdE!, the Port 448 MINUTES OF THE REGULAR SESSION OF MAY 15,1990, Cont. Townsend City council grants the above referenced application as conditioned: 1. A certified copy of the ordinance vacating the street shall be recorded by the City Clerk in the office of the Jefferson County Auditor upon receipt by the City of all fees and compensation required (12.20.120 Port Townsend Municipal Code). The Street vacation shall be cancelled and become automatically null and void one year after city Council action if said fees have not been paid. I 2. The applicant shall dedicate land for a turnaround area to the northwest of the portion of Quincy Street to be vacated. The applicant shall submit a plan which will be approved by the Fire Chief. COMMITTEE REPORTS Street/storm Drainage/Light. Councilmember Jones set a meeting of the Committee for June 4,1990, at 5:00 PM to discuss the letters from Val Huckins and Howard Scott and the petition from the residents on Rosewood Street. Communi ty Services. Councilmember Westerman reported that the Committee had met and discussed the meetings to be held with the garbage vendors which started this afternoon when the first applicant was interviewed. Finance. Councilmember Owsley set a meeting of the Committee for May 23,1990, at 5:00 PM to discuss the Union Wharf. Police/Fire/Animal Control. Councilmember Clise reported that the Commi ttee had met and discussed the concern about the Noise Ordinance in the Downtown area which turned out to be a discussion of different lifestyles, etc. The Committee asked Chief Hinton and Ci ty Attorney Harper to further explore possible ordinances to effectively address the concerns of both the residents and the business owners. It was strongly recommended that the Police provide foot patrol particularly late Friday and Saturday evenings. Water-Sewer. Councilmember McCulloch reported that the Committee had met at the request of Jim Engle, Water Superintendent, and discussed the City water line in the Beaver valley Road which is leaking and need of replacement. I Councilmember McCulloch reported that the Committee had discussed the water line requested by residents along the Jacob Miller Road and since this is outside the City's service area had recommended no action. Since receipt of the letter from Ken McMillen she recommended that this topic be taken back to the Committee for further discussion. Councilmember McCulloch set a meeting of the Committee for May 24, 1990, at 5: 00 PM to discuss the Jacob Miller Road water line request and the letter from Ken McMillen. I Bishop Park and Triangle Park. Councilmember Camfield reported that Lisa Heinkle is spearheading the neighborhood drive to raise funds with Baked Sales, Street Sales, a Car Wash and a Barbecue or Pot Luck for the Bishop Park. She then urged everyone to donate for their favorite park and complimented Councilmember McCulloch and the Land Trust for qçquisition of the Triangle Park and stated that they need donations also. Councilmember Camfield also reported that the Eighth Grade Science Class is studying the environment and will be picking up trash Mond~¥ and Tuesday after the Rhododendron Festival. 449 MINUTES OF THE REGULAR SESSION OF MAY 15, 1990, Cont. I Legislative/Environmental. Councilmember Kenna reported that an update on the Water Comprehensive Plan from Dave Jochim, CH2M Hill, will be forthcoming. Councilmember Kenna made a motion that the Council make a Mitigated Declaration of Non-significance for the Environmental Checklist for the Doll Estate for their Forest Use Application which ~Tas seconded by Councilmember Jones and passed unanimously by voice! vote. The Mitigating Measures are as follows: 1. Slash materials and stumps shall be removed from 1:he site for disposal, and shall not be burned. 2. Timber shall be retained in greenbelt buffers along the perimeter of the site and along access roads. Th,ese buffers will be sized and located to minimize adversE~ aesthetic impacts and shall in no event be less than thirty feet (30') in width. 3. Timber harvesting activities shall occur within t,he hours of 8:00 AM and 6:00 PM, Mondays through Fridays. I Towne Point. Councilmember Kenna made a motion that the Council approve the amended property use development agreement for Towne Point with added articles 6 and 7 as amended which w'as seconded by Councilmember Jones and passed unanimously by voice! vote. The Amended Property Use and Development Agreement follows:: This agreement is made and entered into by and between the City of Port Townsend, a municipal corporation, hereinafter referred to as "City" and Jack L Hensel, a single person and Larry W Lammers, a single person, hereinafter referred to as "Successors" Whereas, the Successors own or are acquiring certain real property, hereinafter referred to as the "Property", situated in the City of Port Townsend, Jefferson County, Washington, described in Exhibit" 1" attached hereto and, by this reference, incorporated herein, and Whereas, the City entered into a Property Use and Development Agreement, hereinafter referred to as the "Agreement", with the Successors predecessors in interest allowing the development of the property as a Planned Unit Development, and Whereas, that Agreement was recorded in Volume 107 pages 489- 519, Auditor's File Number 252691, Records of Jefferson County, Washington, and Whereas, the Property was included as an integral part of the Planned Unit Development, and I Whereas, Article XII of the Declaration of Covenants, Condi tions and Restrictions of Record of Towne Point Owners Association, hereinafter referred to as the "Declaration", allow the addition of other contiguous property to the Planned Unit Development, and Whereas, the Declaration was incorporated by reference into the Agreement approved by the City, and Whereas, certain improvements to be made by the DE~velopers in connection with the PUD Agreement have not been comple1:ed, and the parties desire to establish a schedule to do so; Now, Therefore, in consideration of the covenants conditions set out herein, it is agreed as follows: and 450 MINUTES OF THE REGULAR SESSION OF MAY 15,1990, Cont. I Exhibit "A" of the Agreement shall be and is hereby amended to include the real property described in Exhibit "1" attached hereto. II The real property described in Exhibit 1 shall be subject to all of the terms and restrictions contained in the Declaration. I III The Successors shall prepare a final plat of the property in accordance with the Agreement, the Declaration and Chapter --- of the Port Townsend Municipal Code; present the same to the city Council for approval and upon such approval cause the same to be recorded together with this "Amended Property Use and Development Agreement" with the Auditor for Jefferson County, washington. IV The Successors agree to complete all improvements required in the original Property Use and Development Agreement and the Exhibi ts thereto, in accordance with those documents and the following time schedule: A. Clubhouse with office space shall be started no later than six (6) months from date of closing, and shall be completed for use and occupancy no later than ninety (90) days after that date. B. Tennis courts with related landscape and park features shall be started no later than six (6) months from date of closing, and completed for use no later than one hundred eighty (180) days after that date. I C. An oil separator together with necessary piping, to connect Phase I and Phase II with the city's future storm water drainage system shall be installed to City specifications and completed no later than one hundred eighty (180) days from date of closing. D. Two street lights required in Phase I shall be installed and completed for use no later than one hundred eighty (180) days from date of closing. V Successors shall pay all fees and costs incurred in connection wi th this Agreement and assume all other obligations of the original developers under the Property Use and Development Agreement and the exhibits thereto. VI To secure Successor's performance of all its obligations, and prior to approval by the City Council of the final plat as set forth in Article III, Successor shall at the option of the City post a performance bond in the amount of $81,000.00 with sureties and in form and substance acceptable to the City, or, alternatively, shall pledge by mortgage, deed of trust of assignment in financial substance acceptable to the City, real property in the value if $81,000.00 with title free and clear of all other encumbrances, liens or affects. The security and security instruments shall be subject to the approval of the City Attorney. I 451 MINUTES OF THE REGULAR SESSION OF MAY 15,1990, Cont. VII I If Successor fails to perform any of its obligations hereunder or within the time specified, the City may in addition to any other remedy provided in law or equity, seek to compel enforcement of this agreement by injunction or specific performance; revoke the ci ty approval of the PLanned Unit Development and prohibit any further sale, transfer or conveyance of the lots or property owned or held be Successor until such time that any failure to perform has been cured. All remedies shall be cumulative and non- exclusive. In the event action is brought to enforce 1:he terms of the agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs. This document as amended shall be binding on Successors, heirs, personal representative, successors and assigns. EXHIBIT 1 All of Blocks 1, 2, 3, 4, 5, 6, 7, 8 and 9 in Phillips Addi tion to the City of Port Townsend, as pet. plat recorded in Volume 2 of Plats, page 2, records of Jefferson county, Washington. Together with vacated streets and alleys adjacent thereto, which would attach by operation of law; All situate Washington. in the County of Jefferson, state of I Latecomer Agreements. A discussion of water, sewer and street extensions, latecomer agreements and covenants ensued including questions to John Maher. After this discussion, Mr Harper determined that John Maher's problem should be handled administratively and not by the Council. Public Works Director Confirmation. Councilmember Clise made a motion that the Council confirm the appointment of Robert Wheeler as Public Works Director which was seconded by CO1Ilncilmember Westerman and passed unanimously by voice vote. Proclamation. Mayor Shirley proclaimed May 16,1990, as RSVP Day urging senior citizens to join the Retired Senior Volunteer Program. Victorian carriage Rides. Councilmember Kenna made a motion to approve the Franchise Agreement for victorian carriagE! Rides for 1990 which was seconded by Councilmember Jones and passed unanimously by voice vote. UNFINISHED BUSINESS I Street Vacation Ordinance No 2146. Councilmember Clise made a motion to table this ordinance until the completion of an easement which was seconded by Councilmember Jones and passed unanimously by voice vote. Condi tional Use Permit No 8902-02 -Gilman. Mr Harper explained the amending findings of fact and conclusions for Condi'tional Use Permit No 8902-02. Councilmember Camfield made a motion that the Council adopt the following amended findings of fact and conclusions for Conditional Use Permit No 8902-02 which was seconded by Councilmember Westerman and passed unanimously by voice vote. 452 MINUTES OF THE REGULAR SESSION OF MAY 15, 1990, Cont. Conditional Use Permit Application 8902-02 -Michael Gilman After respectful consideration of the above-referenced application and after timely notification and hearing, the Port Townsend City Council acting as Board of Adjustment granted the above-referenced application and permit and adopted the recommended Findings of Fact and Conclusions of the Planning Commission dated March 30, 1989, on April 18,1989. I Thereafter, it was determined that Lots 3 and 4 of Block 68, petty- grove's First Addition, were not platted lots, and that in fact Block 68 was never originally platted as part of pettygrove's First Addition. After discovering the discrepancy in the legal description of the property, the applicant, and the owner of the property Carlos Quintana, diligently proceeded to apply for a short subdivision of the property and to obtain a final plat, without which the property could not be acquired by the applicant nor developed as approved in the Conditional Use Application. For those reasons beyond the control of the applicant, and of which he had no knowledge, a building permit or occupancy permit could not be obtained until the final plan was approved, which was accomplished on May 1, 1990. Now, therefore, the City Council acting as Board of Adjustment here and hereby amends its Findings of Fact and Conclusions of the City Council, by amending Condition 4 effective as of this date to read as follows: 4. If a building permit or occupancy permit is not obtained for the subject property on or before August 15, 1990, the Conditional Use Permit shall be cancelled and automatically become null and void. I NEW BUSINESS RESOLUTION NO 90-47 A RESOLUTION AUTHORIZING THE CITY OF PORT TOWNSEND TO RECEIVE TITLE AND CONTRIBUTE FUNDS TO THE PURCHASE OF CERTAIN REAL PROPERTY WITHIN THE CITY FOR CITY PARK PURPOSES, AND AUTHORIZING THE CITY TREASURER TO DISBURSE FUNDS THEREFOR; AND AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE DOCUMENTS NECESSARY TO CLOSE THE TRANSACTION. Councilmember McCulloch explained that this resolution refers to the Triangle Park and made a motion that the Council adopt Resolution No 90-47 which was seconded by Councilmember Camfield and passed unanimously by voice vote. Councilmember Jones made a motion that an ordinance to appropriate $30,000.00 from Capital Improvement funds for this purchase be prepared which was seconded by Councilmember Owsley and passed unanimously by voice vote. I ORDINANCE NO 2189 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RENAMING WEST DIAMOND STREET AS LAND'S END LANE, AND ESTABLISHING AN EFFECTIVE DATE. 453 MINUTES OF THE REGULAR SESSION OF MAY 15,1990, Cont. I 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. Councilmember Owsley made a motion that the Council adopt Ordinance No 2189 which was seconded by CCluncilmember Jones and passed unanimously by roll call vote. Special council Meeting. A Special Council Meeting was set for 6:30 PM in the Council Chambers of City Hall on June 5, 1990, to discuss the environmental checklist from Norman L Ream and Mark E Johnson for a 54 unit condominium with parking garage and retail space at Water and Monroe Streets. COUNCILMEMBERS GENERAL DISCUSSION Awnings. It was stated that the awning in front of the Sea Galley Restaurant has been re-installed but has not yet been inspected and an awning has been installed without permit over the stairwell at the Mount Baker Block. I Growth Management Act Seminar. Councilmember Westerman reported that she and David Goldsmith had attended the Growth Management Act Seminar in Seattle and she has brought back a book of information which is available in the Planning Department. Washington cities Insurance Authority. Mr Grove reported on the training session and board meeting of the Washington cities Insurance Authority stating that one of the biggest. areas of concern for judgments was in the personnel area, which has been improved, and the second biggest area is in land use, especially with City Councils. Land Clearing. Councilmember Jones reported he has had phone calls from citizens concerned about land clearing and the burning of materials. He recommended a draft ordinance to control land clearing and burning. Special Meeting Time. Councilmember McCulloch announcE:!d that PEI Consultants can give their presentation on the Safe Drinking Water Act in June. It was the consensus of the Council to set the June 19, 1990, Councilmeeting to start at 7: 00 PM for this prE:!sentation. Triangle Park. Councilmember McCulloch questioned if 1:he Council would concur that a conservation easement or deed rest:riction be attached to the purchase of the Triangle Park to keep i it as a park in perpetuity. It was the consensus of the Council to do so. Parking Improvement Plan. After discussion of thl:! problem, Councilmember Westerman stated that the Parking Improvement Plan Committee will be working on delivery truck regulations for downtown. I Introduction. Mayor Shirley introduced Paramedic, Port Townsend Fire Department. Rolf Schumann, II, EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session at 10:40 PM to discuss a union matter and pending litigation including Keith Harper, David Grove and Michael Hildt. The meeting was reconvened at 11:15 PM. 454 MINUTES OF THE REGULAR SESSION OF MAY 15, 1990, Cont. ADJOURNMENT Th~re being no further business, Mayor Shirley declared the meeting adJourned at 11:15 PM. ~ I Attest: ~~ Clerk-Treasurer MINUTES OF THE SPECIAL SESSION OF MAY 25, 1990 The City Council of the City of Port Townsend met in special session this 25th day of May, 1990, at 5: 00 PM in the Council Chambers of City Hall, Mayor Brent S shirley presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield, John Clise, Julie McCulloch, and Norma Owsley. Councilmembers Vern Jones, Michael Kenna, and Sheila Westerman asked to be excused. Also present were Clerk-Treasurer David Grove and City Attorney Keith Harper. SPECIAL BUSINESS I RESOLUTION NO. 90-47A A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND SETTING FORTH A STATEMENT OF INTENT WITH REGARD TO RESOLUTION NO. 90-03 AND AUTHORI ZING THE CITY CLERK -TREASURER TO DISBURSE FUNDS Mayor Shirley called upon Keith Harper, City Attorney, to explain the resolution which he did. Mr. Grove read the resolution by title. He indicated that the Hotel/Motel Transient Tax Fund would be the funding source for the payments, but would need an interfund loan from the Water-Sewer Fund until after completion of the project when the loan is received from Farm Home Administration. Councilmember Owsley made a motion to adopt Resolution No. 90-47A which was seconded by Councilmember Camfield and passed unanimously by voice vote. ADJOURNMENT There being no other special business, Mayor Shirley declared the meeting adjourned at 5:09 PM. cXut2 I Attest: ~~ City Clerk