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Home My WebLink About12/06/1983 29 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1983 ---- - -----u_------------------- -- -- ----- -- ----------- I I I -" t --- ------------------- ._-,----,----------_.----. q-.--_.._--. .-------.--------u_-- - i . I The City Council of the City of Port Townsend met in regular seSSlon this 6th day of December, 1983, at 7:30 P.M. in the Council' Chambers of City Hall, Mayor Brent Shirley presiding. ROLL CALL Councilmembers present at roll call were Joseph Ciprioti, Janis. Hunt, Jean Camfield, Frieda Imislund, and Mike Kenna. Councilmember IJames Parker was excused. Also present were City Attorney Glenn ,Abraham, City Clerk-Treasurer David Grove, and Public Works ¡I Director Ted Stricklin. OATHS OF OFFICE ¡Mr. Grove administered the oath of office to Mayor Brent Shirley land Councilmember Jean Camfield who were both elected to fulfill unexpired terms of office. I' MINUTES Councilmember Imislund made a motion to approve the minutes of November 15,1983 as written and to dispense with the reading of them which was seconded by Councilmember Hunt. Councilmember Kenna contended that the record on page 25 was incorrect and .. that the motion which was approved included a statement confirming the City's authority to manage and utilize the water works and system as the City determines to be in the best interest, of its citizens. Councilmember Imislund consented to include this correction in her motion to approve the minutes. The motion as corrected was approved unanimously by voice vote. BILLS AND CLAIMS The following bills and claims were presented for payment: Current Expense Street Library Park Emergency Medical Services Federal Shared Revenue Water-Sewer 1956 Water Works and System Equipment Rental Firemen's Pension and Relief Payroll Memorial Fund $35,007.29 6,152.11 4,109.87 1,650.37 3,948.48 625.00 12,016.08 909.59 2,984.61 1,590.56 31,525.91 333.60 Construction Councilmember Kenna made a motion that the bills and claims be paid from the proper funds which was seconded by Councilmember Imislund and passed unanimously by voice vote. COMMUNICATIONS A letter dated December 2,1983, from G.M. Smith to Ted Stricklin was copied for the Council requesting that the Council renew the Conditional Use Permit for the Maria Childrens Home at 1042 Corona. A letter dated October 21, 1983 from Ted Stricklin to Helen Smith was also copied for the Council advising her that this permit must be renewed annually and to declare her intentions. A letter dated October 12, 1983 from John and Sherrie Cartwright to the Public Works Director and City Council was also copied for the Council describing problems they have encountered with the Maria Childrens Home and requesting that the Council not renew the permit. Councilmember Camfield requested that they come to the Council meeting. . The Council received an Environmental Checklist dated November 22, 11983, from Harmon-Mulligan Enterprises to construct an apartment building west of Landes Avenue between 12th and 14th Streets. Mayor Shirley referred this to the Legislative Committee. The Council received a letter dated November 28, 1983, from Anne, Enfield indicating that she will not object to Variance Application' ¡No. 1083-01 provided that there is no noise from the property !described and -her view is not blocked or property use interfered with by lighting. I I 30 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1983 Continued --- --- ------ ------------ ------------ The Council received a letter dated November 28,1983, from Raymond ¡ -- Rollins giving the city notice that Port Townsend Cable TV is increas- ing its base rate from $9.25 to $9.95 and adding $1.00 to the cost l of Home Box Office. Councilmember K.enna suggested that Mr. Rollins meet with the finance committee and provide them with their most recent financiál statements. -' The Council received a copy of a letter dated November 11,1983, fro Glenn Ison resigning from the Planning Commission as of December 1, I 1983. Letters of support for the Domestic Violence Program from Rebecca Burnett, Aney Lafferty, P. Carney, Helen Hopkins, and one which was without signature were copied for the Council. A letter of announcement on the final organizing meeting of the Jefferson County Water Utility Coordinating CoffiTIlittee for 10:00 A.M. on November 30, 1983, was copied for the Council. Mr. Strickl~n reported that he had attended and that B. G. Bro\\n was elected chairman. The Council received a letter dated December 5,1983, from Joseph Wheeler requesting that the Council-appropriate $4,000 from the Hotel/Motel Transient Tax Fund for promotion of the 1984 Summer .Arts Season. ¡The Council received a letter dated November 30,1983 from Patrick ¡Slevin and Paula Thurston for BaYShor.e EnterprisE s commenting on portions of the proposed Ordinance No. 1969 - Animal Control. A letter dated November 25,1983 from V. Gene Larson, Acting Chief ¡Debt Management Division, Office of Public Works, Economic Develop- ment Administration of the united Sta'tes DepartmEnt of Commerce ¡to David Grove was copied for the cou.ncil request ing that the city refund $21,985 plus interest from their grant to us in 1978 and 1$20,775 plus interest on their loan. Mr. Abraham explained the ,options available to the city and indicated that He and Mr. Grove ~gree that the city does not owe this money back to the Economic pevelopment Administration. Councilmember Kenna suggested that ~r. Abraham write them a farewell letter in an attempt to conclude ~hiS matter before he leaves office as city attorney. I COMMITTEE REPORTS ~egislative. Councilmember Kenna made a motion that the Council lissue a final declaration of non-significance on the following ~nvironmental checklists: V.J. Gregory Short Plat, Bill and Shirley ¡Rudolph Dibris Barrier, and development of a park at Harrison Street ibetween the new ferry terminal and Peoples Bank. Councilmember Hunt seconded the motion which then passed unanimously by voice vote. ~ppointment. Councilmember Imislund made a motior. to approve the flppointment of Nancy Slater to the Pl:anning Commi ssion which was ¡'seconded by Councilmember Hunt and pa:ssed unanimcusly by voice vote. , PUBLIC HEARING I ' Variance Request No. 1083-03 - Micki Griffith. ~r. Grove explained fhat the Planning Commission has not made a recoITmendation on this request because they feel that they have no juri~diction in this h:-equest for variance from the setback requirements for the structure kt 326 Benton Street. Mayor Shirley opened the t.earing to the ~udience after the items of correspondence were r.oted. Mr. Bob Little ~as recognized and spoke in favor of the variance in behalf of Micki priffith, the owner. He explained that the housE is already built and the violation was not detected until after tt,e house was under I construction. He indicated that the~ were advisEd that they could þither apply for the variance or remove the offer..ding portion of the structure. He explained that to remove that part would have eliminated !the sink from the bathroom. He indiqated that tt.e Fire Chief has ~ndicated that fire protection in the area would not be a problem. Mr. Erwin Jones was recognized and spoke against the proposal because ~he applicant created the economic hardship with full knowledge that continued construction was in violati'on of the sE:tback requirement. ~e requested that the offending portions of the ~tructure be removed. Anne Enfield was recognized and spoke against thE, application because ~t would block her view and reduce the resale value of her house. I Mr. E.P. Kaiser was recognized and spoke against the request because ~t is not neighborly and represents a potential for the spread of ~ire. He recomnlended that the city withhold approval until corrections I I I I I 31 MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1983 Continued .. --- .-----. ------. --- --.--., .-'---_.'..'.-'--, ..-- ----- .-- -- -------------.--..-----.- ... ------,----------_.- ------..-- ---_u_-,.- .-.-.,.--.--...--- ---.---'-----"-'_-.-h____----.--.-..----.'--------'--..".'-.-------'.'--...-'. .....-. .. .... .... ,.'. ... --.... . ... I are made to reduce the violations. Mr. Roy Bergstrom was recog- nized and spoke against the request because it would be setting a precedence. Mr. Joel Johanson was recognized and spoke against I ¡the application because other builders will view the city codes. ¡as impotent. Mr. Bob DeWolfe was recognized and spoke against the application because of his concern for fire protection. JoAnne Fritz was recognized and spoke agaïnsb the application because the builder should have been aware of the setback require- ¡ments and it now presents a fire hazard to the surrounding homes. Mr. Ray Isle was recognized and spoke in favor of the request Ibecause of the quality of construction. Mr. Whitey Johnson was ¡recognized and spoke in favor of the application contending that the violation was not intentional and the overhangs are important because of the rain. He indicated that they are willing to work with the neighbors to resolve their concerns. Mr. Gary Minshell was recognized and spoke in favor of the application because the mistake was an honest one. Mr. Kevin Sanford was recognized and spoke in favor of the application because the builder attempted to cooperate with all authorities involved. Mr. Bob Little was again recognized and spoke in favor of the application explaining that !they waited as long as they could for the city to act upon this request. Mr. Domonic Harper was recognized and spoke in favor of the variance because the offending portion of the structure is not significant in size. There being no further testimony offered, Mayor Shirley closed the hearing to the audience and turned the application over to the Council for disposition. Mr. Abraham suggested that Mr. Floyd read the findings of fact necessary for the council to determine in order to approve the request which he did. Mr. Abraham explained that the violation of the setback is acknowledged by the applicant. Mr. Larry Dennison was recognized and explained that the reason the Planning Commission has not made a recommendation on this request is because it normally would be a part of the application process before construction begins and not something done after the the fact. .After a brief discussion, Councilmember Kenna suggested that the property owner be given an ¡opportunity to come back to the city council with some suggested ¡modifications to the structure which would reduce the concerns which have been expressed. Councilmember Hunt asked Anne Enfield, ¡'what response she wants from the property owner. Ms. Enfield said she wants the pole light removed. Councilmember Hunt asked Mr. j IDeWölfe what he wants the property owner to do. Mr. DeWolfe indicat$d he would like the building to be brought into conformance with the setback requirements. After further discussion, Councilmember Ciprioti repeated the suggestion made by Councilmember Kenna earlier allowing the owner to offer some mitigating measures~ Councilmember Ciprioti made a motion to table the request to the next regular meeting which was seconded by Councilmemher Hunt and passed unanimously by voice vote. i Street Vacation Application No. 983-01 - Baker. Mr. Grove explained that the Planning Commission is recommending approval of this appli~ cation to vacate 20feet of Peary Street adjacent to lots 1 through '4 of block 75 in the Fowlers Park Addition as well as the alley to ' the rear of the same lots. Mayor Shirley opened the hearing to the audience. Mr. Gaither Baker was recognized and spoke in favor of the request because it is within 300 feet of the bluff and would allow the street to line up with the remaining portion to the north~ He explained that there will still be 60 feet of width to open for ¡ street and solve some of his problems with the health department. There being no further testimony, Mayor Shirley closed the hearing' to the audience and turned the application over to the council for I disposition. Councilmember Kenna made a motion that the Council i find that the application meets the criteria established by Section 5.20 of ordinance no. 1802 and that the council approve the street vacation which was seconded by Councilmember Hunt and passed unani~: mously by voice vote. ' I I i 32 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1983 Continued , .. . --- ---------- - ----- ---- ----- ---- . -- ----~._--- ----- -:-;e-:-:-c~~:~;;~~:~:::~o. 683-01 - Donovan. Mr. Grove eXPlailned that the Planning Commission is recommending ap~roval of this apPliF cation to vacate 200 feet of 18th Street and 105 feet of Hendricks Street from the southeast corner of Block 134 in the Eisenbeis Addi~ion after deciding the legality of the City's use of land plated as streets for some other use, i.e."open space", and then deciding whether or not to preserve these two strips for open space even though private subject property lies between them and Discovery Road. It was indi- II cated that the council received a minority report from the Planning Commission as well. Mr. Abraham explained that the council has no I authority to convert the street to some other public use by virtue I of the conditions set at the time of dedication. After this clarifi~ cation, Mayor Shirley opened the hearing to the audience. Mr. Tony I Stroeder was recognized and spoke in favor of the application expla'n- ing that the Port Townsend School District has already fensed half of this right-of-way and Mr. Donovan would like the street vacated to I his property line. There being no further business, Mayor Shirley I closed the hearing to the audience an. d turned the application over to the council for disposition. Councilmember Camfield asked the City Attorney if her participation in the dicision would put any- thing in jeopardy. After a brief discussion, Mr. Abraham indicated that he didn't. After a brief discussion, Councilmember Ciprioti made a motion to approve the vacation.of 18th between Sherman and Hendricks and Hendricks from 18th Street to Discovery Road. The motion died for lack of a second. Councilmember Kenna made a motior to deny the application which was seconded by Councilmember Imisluntl and passed by voice vote with three councilmembers voting in the I affirmative (Camfield, Imislund, & Kenna). Councilmember Cipriot~ and Hunt voted against the motion. I OLD BUSINESS Bid Award on Jogging Course for Kah Tai Park. Mr. Grove explained that the Park Board is recommending that the council award the bid to Wells Fargo Gamefield. Mark Welch explained that the purchase price will be paid for from the Inter Agency Committee for Outdoor Recreation Grant in part and in part from city funds. Councilmember Camfield made a motion to approve the bid award which was seconded by Councilmember Kenna and passed unanimously by voice vote. I ORDINANCE NO. 1971 AN ORDINANCE APPROPRIATING THE SUM OF $350.00 FROM THE MEMORIAL FUND AND DECLARING AN EMERGENCY Mr. Grove read the ordinance by title which constituted the second reading. Councilmember Hunt made a motion that the second reading be considered the third and the third be by title only which was seconded by Councilmember Imislund and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember Imislund made a motion to adopt ordinance no. 1971 which was seconded by Councilmember Hunt and passed unanimously by roll call vote. ORDINANCE NO. 1969 AN ORDIANCE PROVIDING FOR ANIMAL CONTROL AND ENFORCEMENT, PENALTIES AND FEES RELATING THERETO, AND REPEALING ORDINANCES 1692 and 1937. Mr. Grove read the ordinance by titl~. He explained that the blanks have now been filled in and Paula Thurston is present to answer any! questions the council might have regarding the recommendations from Bayshore Enterprises. Mr. Abraham explained that the draft has been modified to transfer title of the anîmals to the poundmaster for disposal. The intent is to allow them to set their own rate of charge for adoption. He indicated that pet shops be handled in a separate ordinance. The fee schedule. was discussed. Councilmember Ciprioti made a motion to adopt Ordinance No. 1969 which was seconded by Councilmember Hunt and passed unanimously by roll call vote. I \ I I I I 33 MINUTES OF THE REGULAR SESSION OF DECEMBER 6,1983 Continued ------ - - ------------.------ -----. ----"--"------....u_---..--..- - d -- - -- - . -- -- , ---------------,_._- ---- - ------- ----. . -- ---- ------'.---.-'--..__---_m,_. ,--------- -~--"""'-~""---~O ---c---. ------- ---c--¡ .."..,- I Seaview Estates Sewer Project. Mayor Shirley reported that the proponents have reviewed the record with Mr. Stricklin and now realize that the district first established for service would not receive enough support to form a Local Improvement District. They are working on the possibility of a larger service area at their own expense to determine whether there is a greater percentage of ¡support. ì I NEW BUSINESS ORDINANCE NO. 1974 AN ORDINANCE REPEALING ORDINANCE NO. 1090 ¡Mr. Grove read the ordinance by title. Councilmember Hunt made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Imislund. and passed unanimously by voice vote. Mr. Grove again read the. Ordinance by title. Councilmember Hunt made a motion to adopt the ordinance which was seconded by Councilmember Imislund and passed unanimously by roll call vote. Shoreline Substantial Development Permit Application No. 18-83 - Peoples Bank. Mr. Friedman from the Jefferson County Planning ¡Department explained that this proposal is in two parts, a parking i lot and a public park. The bank will maintain the parking lot land the city will maintain the park. The Permit would be granted to Peoples Bank. He explained some of the conditions which the staff would like the council to impose. After a brief discussion, Councilmember kenna made a motion which was seconded by Councilmember I Ciprioti that the council make the following findings of fact and ¡ grant the permit under the following conditions: . I Findings 1. The following sections of the Jefferson-Port Townsend Shore- : line Management Master Program apply to the proposal: 1.20 "Pur- poses, 4.105 "Urban Designation", and 5.140 "Parking Facilities"~ 2. The proposal has been administratively classified as a primary use. 3. The proposal is a non-water dependent use. 4. The access from the park to the plaza has been eliminated from the original proposal. 5. The proposed project has been processed and reviewed in accordance with the Washington State Environmental Policy. Act as lead agency by the City of Port Townsend. A- declaration' of nonsignificance was issued thereby declaring the environmenta;L impacts anticipated were adequately addressed in the environmental checklist and preparation of an environmental impact statement was not necessary. 6. Notice of the application was made by publishing legal notices in the October 26 and November 2,1983 editions of the Port Townsend Leader and notifing by mail immediate adjacent property owner s . 7. An inspection of the subject site was made by representatives' of the Jefferson County Planning Department. I Conditions 1.The plants on the south side of the parking lot and along the border of the bank building shall be of a type and height that will provide adequate and effective site screening. 2.All utility lines, catch basins, and irrigation system com- ponents shall be installed simultaneously. 3.The project shall be completed within two years of the date of issuance of the shoreline substantial development permit. 4. Peoples Bank is to be responsible for the maintenance of the perimeter parking landscaping for the period of their lease. ¡The motion passed unanimously by voice vote. 1 I ,í 34 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1983 Continued --- -----------_.,-------- ------ - ----- . --'-------- ---------- - - .---.. - - - --~~-:-;::~~~:::~::~~-~:~:~ment Permit Application No. 17-83 - I Wilhelm and Shirley Rudolph Mr. Friedman was recognized and explained that the Rudolphs are proposing to construct a weoden debris barrie~1 and deck on the seaward side of the building at 923 Water Street wh~ch is similar to the one approved and constructed fer the Admirality I Äpartments. He reviewed the conditions staff would like the counci] to impose. Councilmember Hunt made a motion which was seconded by I Councilmember Camfield to approve the permit under the following conditions after making the following findings of fact: Findings 1. The following subsections fo the Jefferson-Port Townsend Shore- line Management Master Program apply to the proposal: 1.20 "pur-I poses", 4.105 "Urban Designation", and 4.205 "Unclassified Uses". 2. The proposal has been administr~tively classified as a primary use. 3. The proposal requires the following permits or approvals: U.S. Army Corps of Engineers Permit, -Waphington State Department of fish~ries and Game hydraulics Permit, and a Port Townsend BUilding, Permlt. . 4. A similar project has been approved and constructed on adjacen~ property (Permit 13-83). 5. The proposed project has been processed and reviewed in accor- dance with theWashington State Environmental P~licy Act by the City of Port Townsend as lead agency. A declaration of non-sig- nificance was issued thereby declaring the anticipated environ- mental impacts were adequately addressed in the environmental checklist and preparation of an environmenbal impact statement was not necessary. 6. Notice of the application was made by publishing legal notices in the October 19, and 26, 1983 editions of the Port Townsend Leader, posting the subject site with notices ~n October 24, 1983, and notifing by mail immediate adjacent property owners. 7. An inspection of the subject site was made by a representative of the Jefferson County Planning Department. Conditions estab-I 1. pile driving shall only occur during those time periods lished by the Washington State Department of Fisheries. 2. Deck construction shall incorpotate a perim~ter railing built to specifications required under the Port Townsend Building Code. The motion passed unanimously by voice vote. Public Hearings. Councilmember Imislund made a motion to conduct public hearings January 3, 1984 at the regular meeting on Conditi~nal Use Permit Request No. 1083-04 Allen and Vari,:lDce Request No. 1083-01 Wal ters which was seconded by Councilmember Hu::1t and passed unanil mously by voice vote. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 10:26 P.M. ~7 Mayor Attest: þJ~ City Clerk l \ I I I I I I I