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Home My WebLink About10/20/1987 407 . - . ._-- MINUTES OF THE REGULAR SESSION OF OJTQBE~_6_,_19.8L,_CDJ:Lt.. . -- . -'----.'-l:~ 'He ar i ngs . Counc i1 member Camf i e 1 d made a mot; on th at the Counc i1 set hear i ngs on the following for October 20, 1987: Zoning amendment concerning the right to rebuild legally-established buildings which do not conform to current zoning requirements after damage by fire or other catastrophe. I Variance Application 787-02 -Time Oil Co., sign area. ~he motion was seconded by Councilmember Jones and passed unanimously by voice Ivote. plastic Containers. Councilmember Clise expressed Wrom the use of plastic and styrofoam containers.. in touch with the Association of Washington Cities ities have done. concern about litter developed It was suggested that he get to find out what other commun- Çommittee Meetings Scheduled. Councilmember Clise announced a Police/Fire Commit- fee meeting will be held October 19, 1987. Founcilmember Kenna announced an Environmental/Legislative meetinq for October 8, r987, which will include the McDonald's checklist and start going over the new 5horelines Master Plan. I Mayor Shirley announced a Finance Committee meeting is set for October 13, 1987, kt 6:00 AM for the 1988 Budget. ADJOURNMENT phere being no further business, Mayor Shirley declared the meeting adjourned at 9:48 PM. I ~ Mayor Attest: ¡JwJ ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF OCTOBER 20, 1987 I ~he City Council of the City of Port Townsend met in regular session this twentieth ~ay of October, 1987, at 7:30 PM, in the Marine Park Community Building, Mayor Brent S Shirley presiding. ROLL CALL (ouncilmembers oresent at roll call were Jean Camfield, John Clise, Glenn Ison, I . . ¡Vern Jones, Mike Kenna, Mary Norwood and Norma Owsley. Also present were Clty ~ttorney Keith Harper, Public Works Director Ted Stricklin, Clerk-Treasurer David trove and Executive Administrative Assistant/Planner Michael Hildt. .. <¡; '~"'... ,'~'.,. -,..." ".,~,. ... ,. 408 MINUTES OF THE REGULAR SESSION OF- OCTOBEß 20, 1987,Cont. . ---. -"". MINUTES Councilmember Jones made a motion to approve the minutes of October 6, ¡written and to dispense with the reading of them which was seconded by Ison and passed unanimously by voice vote. BILLS AND CLAIMS 1987, as CouncilmemlDer The following bills and claims were presented for payment: I Current Expense Street Park Water-Sewer Emergency Medical Equipment Rental Memorial Services $32,561.81 219.90 1,789.79 21,926.90 212.88 213.05 32,601.58 Councilmember Camfield made a motion that the bills and claims be paid from the proper funds which was seconded by Councilmember Owsley and passed unanimously by voice vote. I IA letter dated September 14, 1987, from Ron McElroy, President of the Economic Development Council of Jefferson County to Mayor Shirley was copied for the Council IreqUesting an appropriation of $3,000 in 1988. Mayor Shirley referred this to the Finance Committee for the 1988 Budget. IA letter dated September 23, 1987, from Ella Sandvig of the Jefferson County Human ¡Services Department was copied for the Council requesting $15,000 in funds for 1,1988 to finance the Alcohol/Drug Program. Mayor Shirley referred this to the Finance Committee for the 1988 Budget. ! 'A letter dated September 30, 1987, from Cheryl Van Dyke to Mayor Shirley was copied :for the Council requesting $2,000 from the city for Region 8 Tourism Promotion-in 1988. Mayor Shirley referred this to the Finance Committee for the 1988 Budget. COMMUNICATIONS I . . ,The Council received a letter dated October 9, 1987, from John Visich, Controller Ifor Maritime Service Company protesting the 70% limitation on construction in the Iproposed draft of the Shoreline Management Master Program because it is a serious restriction on development of property. Mayor Shirley referred this to the Legis- Ilative/Environmental Committee. ì ~he Council received a letter dated October 10, 1987, from Beverly J Dickgieser jreqUesting that the Council approve the construction of a McDonald's Restaurant in Port Townsend. Mayor Shirley referred this to the Legislative/Environmental Com- mittee. I ¡The Council received a letter dated October 12, 1987, from Edward Mustatia in sup- port of the construction of a McDonald's Restaurant in Port Townsend because the majority of residents want them here. Mayor Shirley referred this to the Legis- Ilative/Environmental Committee. k letter dated October 13, 1987, from Homer Smith III was copied for the Council ~eporting on the resolution of problems in the Law Enforcement Professional Lia- þility Errors and Omission Policy for 1985-86 received by the city from Wolfstone, ponley and Bell brokerage firm. Mayor Shirley referred this to the Finance Com- mittee. ! I ~ letter from Renate Wheeler was copied for the Council dated October 13, 1987, I . requesting that the city increase it's contribution to tourism promotion in 1987 þy $3,066 so as to promote Port Townsend as a place to shop and stay over the ~oliday season. Mayor Shirley referred this to the Finance Committee. I i i 409 -----~-,---,__,_t1I NJJTI;_~J2LIl:LlJ~JJWlJ:\IL$J:$;;IQN__9f__QçrQ13_ER_~!lLJ 9~z.LJQll.t.. - ~ ------~-~~--- --------------------.---.-.-- ------ ..--- - -.----- n -.-._____n -----. u- --- --- - __n- --.- ~----~- I ~ letter from Sue Sidle of the Port Townsend Library Board dated October 13, 1987J ~as copied for the Council requesting that the Council appropriate $100,000 for ¡ Fonstruction of the renovations to the library building in 1988 from the Federal ¡ ihared Revenue funds. Mayor Shirley referred this to the Finance Committee. I~he Council received a claim dated October 13, 1987, from John Kellemeyer in the! amount of $64.68 for expenses incurred because a city sewerline backed up. Founcilmember Ison made a motion to refer this to the insurance pool which was ¡seconded by Councilmember Jones and passed unanimously by voice vote. ~ letter dated October 14, 1987, from Gary Swett of the Port Townsend Civic Trust! I~o Peter Buck, attorney for McDonald's Corporation was copied for the Council) asking for modifications to the design of the McDonald's Restaurant proposed for Port Townsend. ~ letter dated October 14, 1987, was received by the Council from Pat Martin bncouraging the City Council to vote for McDonald's because it will bring in more ¡ bobs to the community. Mayor Shirley referred this to the Legislative/Environmental IC . , lommlttee. I ~ letter dated October 15, 1987, from David D Markley of Transportation SolutionsJ ~nc, to Michael Hildt was copied for the Council clarifying selected elements of i ~he traffic analysis for the proposed McDonaldls Restaurant. Mayor Shirley referi red this to the Legislative/Environmental Committee. ! ~he Council received a letter dated October 15, 1987, from Bob Sherwood of McDonalds Corporation outlining the mitigating measures they are willing to take to reduce i poncerns about their construction of a restaurant in Port Townsend and requesting! fhat the Council issue a negative declaration of environmental siqnificance. Mayqr ~hirley referred this to the Legislative/Environmental Committee and Committee! reports later on the agenda. ¡ ~he Council received a letter dated October 15, 1987, from Peter Buck, Attorney representing McDonald's Corporation, explaining the size and desiqn of the sign ~hey wish to erect on Sims Way near the entrance to their proposed restaurant. Mayor Shirley referred this to the Legislative/Environmental Committee and Commit Iltee Reports. ~ letter dated October 17, 1987, from Gary Swett of the Port Townsend Civic Trust ~as received by the Council requesting that the city appropriate $10,000 for the ,Mainstreet Project in 1988 which was accompanied by petitions in support of this action. Mayor Shirley referred this to the Finance Committee meeting scheduled ror October 23, 1987. I : ~he Council received a letter on October 19, 1987, from Miss Bobbi Jo Martin asking ~hy McDonald's has to have a sign 29% smaller than what is allowed by the code an4 ¡complaining about Councilmember Kenna1s participation in the negotiations. Mayor Shirley referred this to the Legislative/Environmental Committee. I ~ second letter from Miss Bobbi Jo Martin, was also copied for the Council on Oct+ ober 19, 1987, indicating she does not want McDonald's to look like the Kah Tai Lagoon Park. I i ~ third letter from Miss Bobbi Jo Martin was also copied for the Council on Octo-: þer 19, 1987, accusing the city of discriminating between businesses by requiring! IMcDonald's to pick up litter when other businesses with litter in their vicinity do not have the same requirement. , ~ letter from Cal McCune was copied for the Council on October 19, 1987, asking: ¡for additional information on the new Shoreline Management Draft as it pertains: to a requirement to keep 30% of the surface land pervious. Mayor Shirley referre~ Ithis to Bob Duffy of the Jefferson County Planning Department. i I PUBLIC COMMENTS , ~ue Sidle, Chairman of the Library Board was recognized and presented two checks: ~otaling $17,000 for the Library Building Fund with thanks to the many people who! ~ade the library garage sale so successful for $10,000. ! I I I 41(\ ¡ü MlrmTLs.__nLII:IE_R E .GUt IA R_SESSLOfLOLOC.I OB E R~2Ù,-t98L,-C onto. ----.--.-.---- . ---.---.-...- .--... Brenda Schwilke, Bill Schwilke, Lawrence Castellano, Seina Swindler, Pat Martin, Helen Sloan, Norman F Smith, Candy Breitweg, John Kvinsland and Mildred Smith were ¡all recognized individually and spoke in favor of the proposed McDonald's Restaura~t and progress for the city. Jodie Hatchett and Ann Forest were recognized individually and expressed concern about the signage and the traffic safety problems at the proposed site for the restaurant and thanked McDonald's for their sensitivity for this community. I Peter Buck, Attorney for McDonald's was recognized and spoke briefly about the wo~k that has been done by McDonalds and the City on the environmental checklist. COMMITTEE REPORTS Street Committee. Councilmember Jones reported the Committee met and discussed the problem Jefferson General Hospital is having with their street vacation and announced a meeting on October 30, 1987, at 5:00 PM to discuss this further. Police Committee. Councilmember Clise reported the Committee met and discussed disturbances downtown caused by teenagers which led to a discussion on noise and enforcement problems. A meeting will be set up by Chief Hinton and the down- town merchants to discuss any problems and possible solutions. Drug training programs for kids, the 1988 Budget for the Police Department and prodedures for training and general operations were also discussed. ¡Finance Committee. Councilmember Owsley reported the Committee had met and is ¡recommending passage of the Utility Tax Ordinance No 2090 which is on the agenda for this meeting. ¡LegiSlative/environmental. Councilmember Kenna reported on the mitigated measures ~or the environmental checklist for McDonalds. After discussion, Councilmember j enna made a motion that the Council issue a declaration of non-significance pro- videdthe following mitigating measures are taken which was seconded by Councilmem er Jones and passed unanimously by voice vote. ~ITIGATING MEASURES ATTACHED TO THE DECLARATION OF NONSIGNIFICANCE fSSUED FOR THE RESTAURANT PROPOSED BY THE McDONALD'S CORPORATION I 1. Landscaping shall include a heavy emphasis of natural ~egetation that is compatible with the Kah Tai Lagoon Park 'andscaping substantially in comformance with the landscape plan ated 9/30/87 a marked copy of which is attached hereto showing a ~ubstitution of some shore pines for some of the Port Orford pines. I t! 2. McDonald's shall work with the City to retain the Lombardy olar trees currently existing in the Sims Way right-of -way by etitioning the State Department of Transportation to preserve the ~rees. McDonald's shall work cooperatively with the City and the ptate to see that such trees are maintained. t 3. Three-foot and two-foot berms shall be constructed on the ast and west property lines respectively substantially in onformance with the landscape plan dated 9/30/87. i i ! 4. Three-foot and two-foot berms shall be constructed on the ~orth and south property lines respectively substantially in fonformance with the landscape plan dated 9/30/87. McDonald's shall ~n good faith seek the permission of the City to encroach into its ginUSed right-of-way for one-half of the width of such berms and its ommitment to do a three foot berm shall be contingent upon the ity's reasonable cooperation in this regard. ! ¡ 5. The McDonald's building shall be built with þf vertical cedar compatible with the natural tones fai Lagoon Park buildings. Although the wood shall I I , I I I exterior siding used in the Kah be 411 ----------_._~___MINUTE_S OF__ItLE__REJ,ìJJ1-J\JL SI_SSJON..Ot=:- QÇIQltŒ_2Q,.t~8z.,__CQ(tt._-- - --------- ---.------------.--- -----------.-.------.-- --. - .- ---.-------- --..----. -------------.-.--_._--------_.- I left with a natural tone, a clear stain preservative may be used. ~ 6. Wood shakes or shingles similar to those on the Kah Tai I Lagoon Park buildings shall be used as roof material. I 7. The free-standing sign along Sims Way shall be no higher! I than 25 feet. It shall be of the "red back" type each side of I which is approximately 40 square feet and which does not have 'protruding arches attached to its top. ¡ 8. The sign on the south roof of the building shall be I deleted from final plans. 'I' 9. plans. I The sign in the south window shall be deleted from final 10. The McDonald's site shall have no curb cut onto Sims Way. 11. McDonald's shall use its best efforts to obtain an easement for access to Sims Way across the Safeway parking lot, including continuing to offer to pay $10,000 to Safeway for such an easement. Any such access shall have a stop sign to the Manual of Uniform Traffic Control Devices standard stopping traffic exiting McDonald's. I 12. McDonald's shall use its best efforts to develop a driveway across the parcel due east of the McDonald's site with a shared curb cut onto Sims Way at a point approximately 265 feet west of the intersection of 12th Avenue/San Juan Avenue and Sims Way or at a more westerly point if so designated by the City Council prior to December 15, 1987. If developed, this driveway will be properly signed to restrict motorists exiting or entering i Sims Way to right turns only, provided that, should a two-way left I turn lane be developed along this area of Sims Way in the future, left turns will be permitted at that time. 13. A litter cleanup program on the site, on Sims Way and 12th Street adjoining the McDonald's site, on the north side of 12th Street where it adjoins Kah Tai Lagoon Park, and on the property to the east of the McDonald's site shall be conducted once every hour. 14. A cleanup program of all litter on the streets within a four block radius of the site and in Kah Tai Lagoon Park shall be conducted once every day. i 15. A cleanup program of all McDonald's litter on public and ¡ private properties within a four block radius shall be conducted' once every day with the permission of the affected property owners.: 16. McDonald's shall, in consultation with the Port Townsend ¡ Historic Preservation Commission and other interested groups or ! I citizens, develop an interior design theme centered around the' I history of Port Townsend including the history of the Kah Tai Lagoon area. I 17. McDonald's shall eliminate the flag poles for its corporate flag and the Washington State flag and only have an American flag pole. 18. Parking lot lighting will be Jet-Phillips, Natador III, 400 HPS, 208V mounted on 16-foot poles or equivalent lighting and shall not exceed the brightness of the lighting currently used in the Safeway parking lot. 412 MINUTES OF THE REGULAR SESSION OF OCTOBER~, 1987,--~o~t. - -------------- 19. The lighting on the roofbeams will be modified to use a ight no brighter than a 430 milliamp bulb in place of the standard cDonald's 800 milliamp bulb. ~ 20. Each of the mitigation measures listed above shall be ttached as conditions to any building or sign permits which may be 'ssued for construction of the proposed restaurant and, with the xception of the litter cleanup program listed as measures 13, 14 an 5, each must be satisfied prior to issuance of a certificate of ccupancy. The litter cleanup program shall continue into the futur or as long as the proposed restaurant is operated by the McDonald's orporation, its successors or assigns, and any certificate of ccupancy issued for the proposed restaurant shall be conditioned pon satisfactory continuation of the litter cleanup program. I RECESS ~ayor Shirley recessed the meeting at 8:23 PM while most of the large audience in ~ttendence left. The meeting was reconvened at 8:33 PM. Mayor Shirley thanked Councilmember Kenna, The Historic Preservation Commission and Mainstreet for all I their work and input. I I i i i I I I I ¡Michael Hildt reviewed the history and provisions of the ordinance. Mayor Shirle. ¡opened the hearing to the audience. Barbara Bogart was recognized and spoke in favor of the ordinance. There being no further testimony, Mayor Shirley closed the hearing to the audience and turned the ordinance over to the Council for dis- position. After a discussion of the time limit for rebuilding and changes in the language, Councilmember Jones made a motion to have paragraph 1 read from line 26~r 'non-conforming lot may be reconstructed provided that it will not increase the extent or degree of non-conformity beyond that which existèd prior to the damage.!' which was seconded by Councilmember Ison and passed unanimously by voice vote. Mr iGrove read the ordinance by title. Councilmember Isòn- made a motion that the. Ifirst reading be considered the second and the third be by title only which was !seconded by Councilmember Jones and passed by voice. vote with Councilmember Clise !voting against. Mr Grove again read the ordinance be title. Councilmember Kenna 'made a motion to adopt Ordinance No 2092 which was seconded by Councilmember Jones. After discussion, the motion and second were retracted. Councilmember Clise made ,a motion to table the ordinance until the next meeting which was seconded by Icouncilmember Kenna and passed unanimously be voice vote. RESOLUTION NO 87-64 I PUBLI C HEAR I NG ORDINANCE NO 2092 AN ORDINANCE RELATING TO ZONING, PROVIDING FOR THE RECONSTRUCTION OF NONCONFORMING BUILDINGS DAMAGED BY FIRE OR OTHER CALAMITY AND AMENDING CHAPTER 17, SECTION 52.070, OF THE PORT TOWNSEND MUNICIPAL CODE. I i i I I i IBob Little was recognized and explained Change Order No 1 in the sum of $4,005.47 land Change Order No 2 in the sum of $19,177.00. Councilmember Kenna made a motio ¡to adopt Resolution No 87-64 which was seconded by Councilmember Camfield and ~assed unanimously by voice vote. . I A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDERS TO THE CONTRACT WITH FABRICATION SPECIALTIES, LTD. I RESOLUTION NO 87-65 A RESOLUTION OF THE CITY COUNCIL OF PORT TOWNSEND, WASHINGTON, DECLARING THE INTENTION OF THE COUNCIL TO ORDER THE FORMATION OF A LOCAL IMPROVEMENT 413 --------_.~---,-------_~~-'-!Jf?__QE_I!i~-- ~f;J~.~.L,l\R -_SJ;.~ ~JitN- . OE uQCIQß.ER- 2_Q,_198 Z,_GOJLt._- ------------- - - ---. --- - ---------_u__u ---------------------_'__-_n______"-_u -_h- -.-- ,.._n - n - -- - - I I I DISTRICT FOR THE CONSTRUCTION AND INSTAL- LATION OF ADDITIONS AND BETTERMENTS TO'THE SEWER SYSTEM OF THE CITY APPLICABLE TO AND COVERING THE AREA WITHIN THE BOUNDARIES OF SAID PROPOSED LOCAL IMPROVEMENT DISTRICT; SETTING FORTHTHE~NATURE AND TERRITORIAL EXTENT OF SUCH PROPOSED IMPROVEMENTS; - DESIGINATING THE NUMBER OF THE LOCAL IMPROVE- MENT DISTRICT; DESCRIBING THE BOUNDARIES THEREOF; STATING THE ESTIMATED COST AND EXPENSE OF THE IMPROVEMENTS AND THE AMOUNT THEREOF PROPOSED TO BE BORNE BY THE PROPERTY WITHIN THE PROPOSED LOCAL IMPROVEMENT DISTRICT; AND FIXING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE FORMATION OF THE PROPOSED LOCAL DISTRICT. I ¡ Councilmember Isðn left the foom. Keith Harper explained the steps of the Local: Improvement District procedure and the resolution. Councilmember Jones made a I motion to adopt Resolution No 87-65 which was seconded by Councilmember Clise and; passed unanimously by voice vote. Councilmember Ison returned to the room. RESOLUTION NO 87-66 A RESOLUTION ADOPTING POLICY AND PROCEDURES FOR COMMITTEES OF THE PORT TOWNSEND CITY COUNCIL. ' ¡ I I I iCouncilmember Kenna made a motion to adopt Resolution No 87-66 which was by Councilmember Jones and passed unanimously by voice vote. Variance Application No 787-02 ~Time Oil Signs. Councilmember Jones made a motio~ to reset the hearing for November 3, 1987, which was seconded by Councilmember Is9n and passed unanimously by voice vote. ' : seconded! NEW BUSINESS ORDINANCE NO 2090 I. I I I I ~r Grove explained the ordinance and read the ordinance by title Councilmember : kenna 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 Kenna: ~ade a motion to adopt Ordinance No 2090 which was seconded by Councilmember Jone~ rnd passed unanimously by roll call vote. : I I II AN ORDINANCE ESTABLISHING SALARIES AND WAGES I EFFECTIVE OCTOBER 1, 1987. i Mr Grove explained the adjustments and read the ordinance by title. Councilmembe~ ~son made a motion that the first reading be considered the second and the third I þe by title only which was seconded by Councilmember Jones and passed unanimously¡ by voice vote. Mr Grove again read the ordinance by title. Councilmember Jones 1 ~ade a motion to adopt Ordinance No 2091 which was seconded by Councilmember Ison: , and passed unanimously by roll call vote. ~988 Budget Hearing. Councilmember Jones made a motion to set the 1988 Budget Hearing for November 30, 1987, at 7:00 PM which was seconded by Councilmember Ison ~nd passed unanimously by voice vote. I I i I AN ORDINANCE REDUCING THE UTILITY' BUSINESS TAX UPON TELEPHONE BUSINESSES BY AMENDING PRIOR ORDINANCES AND ESTABLISHING AN EFFECTIVE DATE. ORDINANCE NO 2091 414 _.- ._J11~UTES_0£ THE REGULAR SESSION OF OCTOBE~. 20, 1987, Cont. ------.------ ._-------- ...- "'-.-. .-. Animal Control. Councilmember Jones suggested that a recorded message be set up for weekends and when the shelter is not manned as to procedures when problems ¡ari se. Committee Meetings Scheduled. Councilmember Kenna announced a Legislative/Envirom- mental Committee meeting for October 27, 1987, at 5:00 PM to start going over the ¡Shoreline Master Plan. i I ADJOURNMENT IThere being no further business, Mayor Shirley declared the meeting adjourned at 9:27 PM. I I I I ¡Attest: I ~ )~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1987 I The City Council of the City of Port Townsend met in regular session this Third day of November, 1987, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley, presiding. ¡ ROLL CALL Icouncilmembers present at roll call were Jean Camfield, Jôhn Clise, Glenn Ison, iVern Jones, Mike Kenna and Norma Owsley. Councilmember Norwood was out of town. Also present were City Attorney Keith Harper, Public Works Director Ted Stricklin~ ¡Clerk-Treasurer David Grove and Executive Administrative Assistant/Planner Michael IHil dt. I i 'Councilmember Jones made a motion to approve the minutes of October 20, 1987, as written and to dispense with the reading of them which was seconded by Council- member Ison and passed unanimously by voice vote. ! í ¡ !The following bills and claims were presented for payment: I I 't MINUTES BILLS AND CLAIMS ; . i i I Current Expense Street Library Park Emergency Medical Services Kah Tai Lagoon Park Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Memorial $41,482.46 2,131.17 1,692.69 1,447.70 73.22 47.75 9,289.74 5.00 6,700.61 587.15 29,543.67 I