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HomeMy WebLinkAbout03/01/1988 454 "'" .-.--.--.-..- . - --.- MMINUTES-_OE..lHE_.REGULAR_SESSIONOE F..EBRUARY -16, 1988,. Cont. ._. ."_. . - . RESOLUTION NO 88-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A MUTUAL RELEASE'OF CLAIMS WITH JOHN NESSETT. Mr Harper explained the resolution. Councilmember Jones made a motion to adopt Resolution No 88-19 which was seconded by Councilmember Clise and passed unan- imously by voice vote. ADJOURNMENT I There being no f~rther business, Mayor Shirley declared the meeting adjourned at 9:59 PM. ßX7~) Attest: )~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MARCH 1, 1988 The City Council of the City of Port Townsend met in regular session this first day of March, 1988, at 7:30 PM in the Council Chambers of City Hall, Mayor Pro- Tem Mike Kenna presiding. I ROLL CALL Councilmembers present at roll call were Jean Camfield, Karen Chang, John Clise, Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Also present were Pub- lic Works Director Ted Stricklin, Clerk-Treasurer David Grove and Executive Admin-, istrative Assistant/Planner Michael Hildt. Councilmember Camfield made a motion that Councilmember Kenna be appointed Mayor Pro-Tem to serve in the absence of the Mayor for the next two years which was seconded by Councilmember Jones and pass=d unanimously by voice vote. PUBLI C COMMENTS David Kahley, Mainstreet Coordinator, was recognized and spoke about the new park- ing signs. He had the "Proof" of the sign to show to the Council. 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: Approval of Bills Approval of Minutes for February 16, 1988, as written without reading. I and Claims presented: Current Expense Street Library Park Emergency Medical Services Capital Improvement Water-Sewer Equipment Rental Firemen's Pension and Relief Memorial Total '---. $34,168.72 515.29 5,658.01 238.64 119.72 1,142.65 13,488.92 2,367.26 322.30 31,411.68 $89,433.19 'IS .J MINUTES OF THE REGULAR SESSION OF MARCH 1,--19_8B__CmLt.. Hearings Set: Variance Application No 387-01 -Union Wharf Associates April 5,y1988 Adoption of Resolutions: RESOLUTION NO 88-20 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. Street "-Vacation No 8801-02 -Sharon Barrea on April 5, 1988. RESOLUTION NO 88-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF PORT TOWNSEND FIXING THE TIME FOR HEARING ON A PETITION FOR VACATION OF A STREET. Street Vacation No 8801-04 -Peter N Albrecht & Mary Lynn Anderson on April 5, 1988. Communications: A letter dated February 22, 1988, from Lowell and Barbara Bogart regarding the billing for utilities of the James House was referred to the Watl~r-Sewer Committee. This concludes the Consent Agenda. PUBLIC HEARINGS. I Variance Application No 8801-01 -Glaubman. Mr Hildt reviewed the findings and conclusions of the Port Townsend Planning Commission. Mayor PronTem Kenna opened the hearing to the public. Richard Glaubman was recog'nized and spoke in favor of . the variance. There being no other testimony, Mayor Pro-Tem Kenna closed the hearing to the public and turned the variance over to the Councii for disposition. Councilmember Clise made a motion to adopt the following findings and conclusions and approve the variance which was seconded by Councilmember Camfield and passed unanimously by voice vote. Findings 1 . Applicant proposed to add a 348 sq ft bedroom to an existing 1350 sq ft single- family dwelling at 819 Cass Street. With the proposed addition the structure would cover approximately 21% of this 8,250 sq ft lot. The existing dwelling has a legal, nonconforming front setback of twelve feet. Because the proposed addition would be fourteen feet from the front property line, extending the nonconforming setback, a variance is required. 2. The subject property is zoned R-I and is surrounded on all sides by single- family development. It is on the corner of Cass and Lincoln Streets. 3. Al~hough the existing residence is eight feet closer to the front property line than the twenty feet required by the Port Townsend Municipal Code, it is s,etback, deeper than the other two houses on the block which faces Cass Street. Nonconforming front setbacks are not uncommon throughout the surrounding neigh- borhood. . I 4. The proposed addition, though proposed to be constructed with le~s than the required front setback, will have a greater front setback than the front of the existing dwelling. Conclusions. 1 . The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. '-/- 5' 6 MINUTES OF THE REGULAR SESSION OF MARCH 1, 1988, Cont. .- -.---.- -'--------------'----. 2. Because of the legal, nonconforming front setback of the existing dwelling, special circumstances exist which do not resuJt from actions of the applicant. Because other properties adjacent to the subject properties have lesser front, setbacks than would occur if the variance is granted, literal interpretation' of the provisions of Title 17, Port Townsend Municipal Code would deprive the applicant of the rights commonly enjoyed by other properties similarly sit- uated in the district. .< 3. The variance requested would not confer a special privilege to the subject pnoperty that i~ denied to other lands in th~~amé district. f ~ I' 4. The granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zóne in which the property is situated. 5. The reasons set forth in the above referenced application justify the granting of the variance and the variarice is the minimum varian¿e that will'~~ke possible the reasonable use of the land. The variance will be in harmony with the general purpose and intent of Title 17 (zoning) of the Port Townsend Municipal Code. Conditional Use Permit Application No 8801-03 -Buck. Mr Hildt reviewed the find-' ings, conclusions and conditions of the Port Townsend Planning Commission. Mayor, Pro-Tem Kenna opened the hearing to the public. Mimi Henley, Bart Philips of the; Economic Development Council and David Kahley of the Mainstreet Program were all; recognized individually and spoke in favor of the application. Cal McCune was. recognized and spoke against Ordinance No 2102. There being no further testimony, Mayor Pro-Tem Kenna closed the hearing to ~he public and turned the application over to the Council for disposition. Councilmember Clise made a motion to move this discussion to Unfinished Business later on the agenda which was seconded by Councilmember Owsley and passed. unanimously by voice vote. COMMITTEE REPORTS I Parks/Property. Councilmember Camfield reported that the Committee had met on February 24, 1988. regarding the Redmen's temetery and will delay any recommen- dations until after their next meeting on March 14, 1988. Community Services. Councilmember Chang reported the Committee had met with the, Library Board and are recommending approval of the second draft of the resolution; expressing intent to partially fund the new library renovation. She read a letter requesting support for the PTA-Jefferson County Drug and Alcohol Abuse Advisory. Board, 'Jefferson County Task Force and Port Townsend School Board for Education' and Awareness Week March 6 through 12, 1988, and a meeting on March 9, 1988, in the High School Auditorium at 9:00 pm. . '. . , Street/Storm Drainage/Light. Councilmember Jones reported on both meetings held on February 29, 1988, of the Street Committee. The Committee recommends that the paving and re-surfacing of the end of Polk Street by Sabo's be turned over to the Public Works Director and the Finance Committee. The meeting with the skateboard delegation came up with two issues: Recreation and Transportation. They dealt mostly with the recreation problems, whi¿h included city liability, location and; funding. The Committee recommended that the group talk to the Jefferson County ¡ Recreation Program, the Fair Board, Fort Worden State Park or a private individu~l who might have a site available. It was suggested that the parents set up an -.- association similar to the Little League Baseball that might be able to negotiat~ a lease with the City for a site. He asked for the City Attorney to look into the liability of the City. Another meeting is scheduled for March 13, 1988, at 1040 Taylor Street at 4:00 PM. I Police/Fire/Animal Control. Councilmember Clise reported on the meeting of the Animal Control Committee that discussed the laws concerning dangerous dogs~ that is later on the agenda. ~.5-7 MINUTES OF THE REGULAR SESSION OF MARCH 1, 1988, Cont. I Legislative/Environmental. Counèilmember Kenna reported that the City did not g~t the grant from the State for the Gateway Project but there seems to be a lot of local support for it; Glenn Ison has agreed to chair the Steering Committee. The verbage for the final draft of the Shorelines Draft is coming along and it will be ready soon. Councilmember Jones made a motion that the Council make a declara- tion of non-significance for the environmental checklist for John Sudlow to sub- divide 8.3 acres into 4 parcels on 35th Street, which was seconded by Councilmem- ber Camfield and passed unanimously by voice vote. Hazardous Materials. Councilmember;Jones reported that the Committee now has a chairman, vice chairman and subcommittees. They will be meeting monthly in order to be finished with a plan by October 17, 1988. Councilmember Jones was congrat- ulated on nÐeing elected Chairman of the Committee. UNFINISHED BUSINESS ORDINANCE NO 2102 AN ORDINANCE RELATING TO ZONING; EXPANDING THE USES PERMITTED IN THE C-III ZONING DISTRICT; DEFINING CUSTOM, ART AND CRAFT WORK; DEFINING HIGH-IMPACT USE; DEFINING LIGHT MANUFACTURING; AND AMENDING SECTIONS 17.16.010, 17.16.030 AND 17.64.030 OF THE PORT TOWNSEND MUNICIPAL tODE. I The discussion resumed on the motion that the first reading be considered the sec- ond and the third be by title only which was tabled at the last meeting. The motion passed ~ith Councilmembers Jones and Chang voting against. Mayor Pro-Tem Kenna read the ordinance by title. Councilmember, McCulloch made a motion that the Council apòpt Ordinance No 2102 which was seconded by Councilmember Clise. After discussion, Councilmember Jones made a motion to .amend the ordinance to include all buildings presently in the Historic District which was seconded by Council- member Owsley and failed by roll call vote with Councilmembers Camfield, Clise, McCulloch and Kenna voting against. The motiDn to adopt Ordinance No 2102 passed by roll call vote with Councilmembers Jones~:artd Owsley voting against. Animal Control Ordinance Amendments. Mayor Pro-Tem Kenna reported that Mr Harper has some changes he would like made to the ordinance. Councilmember Clise made a motion to table this until the next meeting which was seconded by Councilmember Jones and passed unanimously by voice vote. RESOLUTION NO 88-22 A RESOLUTION EXPRESSING THE INTENT OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND TO APPROPRIATE FUNDS IN PARTIAL SUPPORT OF THE EXPANSION AND RENOVATION OF THE PORT TOWNSEND PUBLIC LIBRARY. Sue Sid1è. Chairman of the Port Townsend Library Board, was recognized and spoke in favor of the resolutiDnexpressing .thanks for the process the Council has gone through and for the support received. Lars Watson, a member of the Library Board and Steering Committee, was recognized and thanked the Council and reported that so far, $125,000 has been collected with $125,000 to go. Councilmember Owsley made a motion that the Council adopt Resolution No 88-22 which was seconded by Councilmember Camfield and passed unanimously by voice vote. I ORDINANCE NO ~103 AN ORDINANCE ESTABLISHING THE SALARIES FOR FIR¿ CHIEF AND ASSISTANT PLANNER EFFECTIVE MARCH 1, 1988. Mr Grove read the ordinance by title. Councilmember Clise made a motion that the first reading be considered the second and the third be by title only which was seconded byCouncilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Jones-made a motion that the Council adopt Ordinance No 2103 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. 4s-f MINUTES OF THE REGULAR SESSION OF MARCH 1, 1988, Cont. -- -~._~--- -- Conditional Use Permit Application No 8801-03 -Buck. After discussion of condi- tion #3 regarding parking of employees and its enforcement and the compliance to . the Uniform Building Code and the Uniform Fire Code in conclusion #8, Councilmem-: ber Clise máde a motion that the Conditional Use Permit No 8801-03 be granted with the fóllowing findings, conclusións and conditions which was seconded by Council- member Jones and passed unanimously by voice vote. Findings I 1. Applicant proposed to establish a clothing manufacturing business on the third floor of the Mount Baker Block at 910 Water Street. Although light manufact-' uring uses are not permitted iTI'the C-III zone in which the building is located, a draft ordinance expanding the uses permitted in the C-III zoning district' has been recommended by the Planning Commission and is scheduled for hearing. before the City Council on February 16,1988. Inasmuch as the'draft ordinance would allow clothing manufacturing as a conditional use in certain historic: buildings, including the Mount Baker Block, the above-referenced application. is in anticipation of its passage. 2. The Mount Baker Block is a four-story masonry building which was completed in 1890. It was classified as a primary historic structure in the designation' of the Port Townsend Historic District~ Although the building is almost one hundred years old, the upper two floors have never been finished and occupie~. 3. Several retail shops occupy the street-level floor of the building and the second floor houses a few apartments and offices. 4. Built prior to the enactment of the zoning code, the Mount Baker Block is a legal, nonconforming structure with respect to parking requirements, although parking requirements may be imposed as a condition to a proposed use which requires a conditional use permit. 5. The applicant proposes to occupy approximately 1,600 square feet of the third floor with a small, specialty clothing manufacturing operation. The entire ¡ floor is approximately 10,000 square feet in gross floor area. The proposed: business, Screaminl Mimi Enterprises, expects to employ five to ten persons and will produce limited runs of specialized garments. The portion of the third floor to occupy the business is to be renovated and improved to meet. the needs of the business and building code requirements. The renovation wil'l not alter any of the architecturally or historically significant features of the building. I 6. The applicant states that the business intends to use six industrial sewing, machines, each of which is powered by a one-horsepower, electric motor with an operating noise level of less than ten decibels. Vibration is to be damp~ ened by rubber coaster mountings. The work space is to be insulated to reduoe noise transmission to other areas of the building. The applicant states that the Mount Bciker Block is a highly desirable locat~on for the business because of the pleasant surroundings in which to work in ¿ori~ trást to the typical industrial setting. The natural light available within the building is also required. Although other commercial and industrial fac~ ilities were sought, none were found to have the qualities or characteristics required by the company.' . 7. Conclusions 1. The City Council found at its meeting of February 16, 1988, that the proposal would not have any significant adverse environmental impacts. I 2. The proposed clothing manufacturing use of the,subject property will not en~. danger the public health or safety, nor will a nuisance be created. The proposed use will be required to meet all of the conditions and'~pecific- ations set forth in the C-III zone in which the property is located except' for those legal, nonconforming conditions which were in existance prior to the enactment of the Port Townsend zoning code in 1971. 3. .----. 4. 15. I I 6. I 17. I I 4:59 MINUTES OF THE REGULAR SESSION OF MARCH 1, 1988, Cont. .-------.--------.-------------.------.-.- -- --.-..---.-------.- -..--------------- .-----------.-- -------..--.-.-------.-..----'-----"------ -. --....---P'-"-----',,---'" ------..-------------.-_u_--- -_._-.----------- The proposed use will not be injurious or detrimental to adjoining or abuttin~ property. I I Because the proposed use will provide a necessary economic use within a hist-í ori:c..b_uîlding without altering the historically or architectur'ally significant! features of the building, the location and character of the ~se will be in \ harmony with the area in which it is located and will be in general conformity with the Comprehensive Plan. I I The proposed use will not occupy street level space which is better suited for retail sales or services. ! í , As evidenced by nearly a century of vacancy, as is the case generally in upper floors within the Port Townsend Historic District, the uses permitted in the i C-III zoning district do not provide sufficient financial return to make use! of the upper floors of the Mount Baker Block~ 8. It is understood that the Uniform Building Code and the Uniform Fire Code apply and must be met prior to occupancy. ICond it ions 11. Noise levels shall comply with all applicable local, state and federal laws and regulations. 2. Operations shall not commence earlier than 7:00 AM or continue later than 10:00 PM. ì I Each employee or lessee shall be required by the lessee or applicant to park I ~utside of the Downtown Parking District during working hours. 3. I 4. , The proposed use shall not occupy more area than the third floor of the buildL ing without express approval by amandment of the conditional use permit by the Board of Adjustment. Appointment of fire chief. Councilmember Jones made a motion to confirm the appointment of Howard Scott to Fire Chief which was seconded by Councilmember Clise and passed unanimously by voice vote. NEW BUSINESS ORDINANCE NO 2104 AN ORDINANCE APPROPRIATING THE SUM OF $9,757 TO THE CURRENT EXPENSE FUND, $14,000 TO THE PARK FUND, $647,121 TO THE WATER-SEWER FUND, $699,095 TO THE EQUIPMENT RENTAL FUND, $69,000 TO THE MEMORIAL FUND, MAKING fINDINGS AND DECLARING AN EMERGENCY. 'Mr Grove read the ordinance by title and explained that no action can be taken at: this time and that the ordinance was for introduction only. ! Resolution Authorizing Acceptance of Clean Water Interim Design Grant. After a brief discussion, Councilmember Clise made a motion to table this until the next: meeting for recommendations from the City Attorney which was seconded by Council- member Jones and passed unanimously by voice vote. Facility Plan. Mr Stricklin reported on a meeting he and the Mayor had attended with the Department of Ecology in which it was announced that the City must make a Facility Plan for the city to be eligible for a possible Department of Ecology Grant or Environmental Protection Agency Loan or some combination of the two. This plan will take about a year to do and cost $23,500 for the City and the sam~ for the State. . ; , Resolution Authorizing Contract for Elevator Design Specifications. Mr Stricklin ¡explained the resolution. Mayor Pro-Tern Kenna reported the the City Attorney has !some questions regarding this contract. Councilmember Camfield made a motion to i ! 4-66 MINUTES OF THE REGULAR SESSION OF MARCH 1, 1988, Cont. - . . -..--- -. - .--.--. ----.-----.- . . - '-- .. .--. ...... - .... '- --- '-'-..'--'-'--'------' - ._- table this until the next meeting which was seconded by Councilmember McCulloch and passed unanimously by vbice vote. RESOLUTION NO 88-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A PURCHASING POLICY FOR PURCHASES BETWEEN $7,500 AND $15,000. Mr Grove explained the resolution and the reasons for it. Councilmember Jones made a motion to adopt Resolution No 88-23 which was seconded by Councilmember Owsley and passed unanimously be voice vote. I RESOLUTION NO 88-24 A RESOLUTION TO APPROVE SEEKING AMENDMENTS TO THE INTERLOCAL AGREEMENT CREATING THE WASHINGTON CITIES INSURANCE AUTHORITY. ! I Mr Grove explained the resolution and the reasons for it. After discussion, Coun- cilmember Camfield made a motion to adopt Resolution No 88-24 which was seconded by Councilmember Jones and passed by voice vote with Councilmember Clise voting against. 1988-89 Litter Control and Recycling Grants. David Kahley and Greg Wright were recognized individually and reported on the success of the grant that was received last year. Councilmember Jones made a motion to authorize the writing of a grant on behalf of the City to apply to the Department of Ecoloby for grant funding whiah was seconded by Councilmember Clise and passed unanimously by voice vote. Seaview Sewer LID. Mayor Pro-Tem Kenna announced that the thirty-day protest period has passed on the Local Improvement District and there has not been suf- ficient opposition to stop its progress. Mr Stricklin will make a final tally for the next meeting. Park Board Re-Appointments. Councilmember Jones made a motion to approve the re- lapPointment of Cathy LuchBarnard and Paul Jacobsen .to the Park Board which was' seconded by Councilmember Camfield and passed unanimously by voice vote. ¡Sandwich Board Sign. The Village Mechanic has decided to re-make their sandwich ¡bOard sign to conform to the sign ordinance. ~lbrecht/Anderson Letter. After discussion, it was suggested that a policy be rritten to address the problem of homes that are more than 160 feet from a sewer- line although the property where they are located is not. The notification pro- cedure for the owners- of such properties when sewerlines are available that they are required to hook onto should also be addressed. Air Pollution. After a brief discussion of the problem when there is an air inve~- sion, it was decided to turn the problem of air pollution over to the Legislativet Environmental Committee. EXECUTIVE SESSION Mayor Pro-Tem Kenna recessed the meeting into executive session at 9:35 PM to dis- cuss litigation. The meeting was reconvened at 9:51 PM. I ADJOURNMENT I !There being no further business, Mayor Pro-Tem Kenna declared the meeting adjourned at 9:51 PM. I IAttest: i Mvlw.Q ~ Mayor Pro-Tem M~ Clerk-Treasurer I I I