Loading...
HomeMy WebLinkAbout08/20/1991 272 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1991 (Cont:) Police Department when Chief Hinton leaves on October 31, 1991, but he is not proposing to turn the Police Department over to the County Sheriff on a long term basis. He explained the interest in Point Hudson does not include trying to break the present lease, but our interest is from a zoning standpoint. The employee assistance program is going to be reviewed with the staff next week so they will better understand how to use the benefit. He indicated that a meeting will soon be held with the Port of Port Townsend to discuss the construction of the needed waterline in the port district. EXECUTIVE SESSION Mayor Shirley declared a recess into executive session at 11:40 PM to consider the acquisition of real estate and a personnel ITIatter. He requested the presence of Michael Hildt, Robert Wheeler, Keith Harper and David Grove. The meeting was reconvened at 12:04 AM with all councilmembers present. NEW BUSINESS Land Purchase. Cindy Thayer was recognized and outlin/:!d the concerns of the property owner of the property on the southeast corner of Water and Adams Street. A discussion about the ne!ed for a survey ensued during which is was the consensus that it wm.:tld not be necessary for the city to purchase the property. A soil t:est of the beach property was on the other hand considered necessary. A discussion ensued as to what should be included in a pre-purchase agreement and direction was given to the Mayor and City Attorney to complete the necessary documents. ADJOURNMENT There being no further business, Mayor Shirley declared the meeting adjourned at 12:18 AM. Attest: »À~ City Clerk MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991 The City Council of the City of Port Townsend met in regular session this Twentieth day of August 1991, at 7: 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, Vern Jones, Julie McCulloch, Norma Owsley and Sheila Westerman. Michael Kenna was excused. Also present were Deputy city Treasurer Vera Franz, City Attorney Keith Harper, Planner Dave Robison, Assistant Planner Darlene Bloomfield and Public Works Director Robert Wheeler. PUBLIC COMMENTS Mike Griffith was recognized and stated his concerns about recreational vehicles and other large vehicles following the "Seagull Tour" through residential neighborhoods where there are children playing and the streets are not wide enough for the extra traffic. He suggested that the route be encouraged as a walking tour and then be re-examined before the seagulls are repainted again. I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Con-to Marie Shirley was recognized and suggested that the "Seagull Tour" seagulls be painted out in certain areas. Barbara Bogart was recognized and explained that the seagulls had stopped being repainted in 1981 when a survey showed that thE~ route was not self explanatory enough and that the Visitors Guide map was changed at that time. Gary Coard was recognized requested that permission be grant:ed for him to remove a poplar tree that is in the way of his building project on Sims Way and is in the middle of the planned firE! lane. After a brief discussion, Councilmember Jones made a motion that the approval be given to remove the tree which was seconded by Councilmember Owsley and passed unanimously by voice vote. Doug Lamy was recognized and stated his concerns for the 29 day limit of occupancy in the restrictive covenants of the Swan Hotel and requested that the Council reconsider its action. CONSENT AGENDA Councilmember Jones made a motion to approve the following it:ems on the Consent Agenda which was seconded by Councilmember CamfiEÜd and passed unanimously by voice vote. Approval of the Minutes for July 16, 1991, as written \\rithout reading. Approval of the following Bills and Claims: Current Expense Street Library Park Hotel/Motel Emergency Medical Services Local Improvement District #1 Water-Sewer Equipment Rental Firemen's Pension and Relief Total $ 25,002.07 613.38 7.24 1,953.78 18,325.57 819.97 2,219.39 35,471.37 3,772.25 183.32 $ 88,368.34 Setting Hearings: Street Vendor Ordinance for September 3,1991 Adoption of Resolution: RESOLUTION NO 91-66 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 A Public Hearing on Street Vacation Application No 9102-04 from George and shirley Peterson for the proposed vacation of McClellan street between 30th and 31st Street. Communications: A letter dated July 31, 1991, from Norman C Andrus stating his concern for the hole Washington Street in the parking space nearest the furniture store between the Antique Mall and the furniture store was copied for Council. Mr Andrus also commented that: local high school artists could brighten up the Jackson Bequest. This letter was referred to the Public Works Department. 273 274 MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont. A letter dated August 1, 1991, from the Quilcene Ranger Station explaining proposed timber management sale was copied for Council. A letter dated August 3, 1991, from Tamara Conway expressing her agreement with the sign ordinance was copied for Council. A letter dated August 5,1991, from Daniel Waggoner, Manager, Port Townsend Lumber Company, supporting the B.:iy Vista II condominium project was copied for Council. A letter dated August 7,1991, from Gordon Maul, Social Worker 3, Department of Social and Health Services commenting on the lack of affordable housing in Port Townsend was ccpied for Council. A letter dated August 7,1991, from E Zahn requesting that Council insist that shorelines must be protected and no substantial development demands be made as in Clipper Navigation Application No 9107-02 was copied for Council and referred to the Public Hearing later on the agenda. A letter dated August 8, 1991, from Mr anj Mrs Gene Chellberg in favor of off-street parking but not a big parking lot in the neighborhood for Michael Kelly was copied for Council and referred to the Public Hearing later on the agenda. A letter dated August 11, 1991, from Richa]~d R Gastfield objecting to the hiring of a traffic engineer for a Btudy and recommendation for the Cherry and F Street intersection é,nd suggesting the study be done by the present city engineers was copied for Council. A letter dated August 11, 1991_, from Samuel R Kyle, President, Kyle Development Company, Inc, in support of sandwich board signs was copied for Council. A letter dated August 12, 1991, to Keit~ Harper from Thomas J Ma jhan stating that certain restrictive covenants for the Swan Hotel are unacceptable was copied for Council. A letter dated August 13, 19Q1, from Tho:nas J Majhan suggesting that the trash receptacles in the downtown area should be emptied daily at least during the tourist season was copied for Council and referred to Superior Refuse. A memorandum dated August 15,1991, from Greg Bennett commenting in favor of the inclusion of pedestrian and bicycling facilities in the Gateway Plan was copied for Council. A letter dated August 15, 1991, from Bruce P Dunlop, Vice President, Great Western Bank stating concerns about the Sheridan Street Re-alignment with Grant Street Bection of the Gateway Project was copied for Council. This concludes the Consent Agenda. PUBLIC HEARINGS Variance Application No 9102-05 -Robert McDole. Ms Bloomfield reviewed the findings and conclusions of the Planning Commission recommending approval of the variance. Mayor Shirley opened the hearing to the public. Bob McDole was ]~ecognized and spoke in favor of his variance. Cindy Wolpin, a l1ei;~hboring property owner, was recognized and spoke in favor Qf ~n~ variance. There being no further testimony, Mayor Shirley Ct~~~q the hearing to the public and turned to the Council for dl~position. After discussion, Councilmember MCCulloch made a motion that the Council adopt the following findings and conclusions and gréLnt Variance Application No 9102-05 which was seconded by Councilme:nber Camfield and passed unanimously by voice vote. I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Coni:. Findings: 1. The applicant proposes to construct a deck at 132 33rd Street with a 13 foot setback from the platted street. Th'9 Port Townsend Municipal Code (17.20.01) requires a 20 foot front yard setback. 2. The deck is proposed to be constructed at 36 inches in height with a four foot fence along the perimeter. The proposE!d deck would be approximately 36 feet in length and sixteen feet in width. Deducting the 60-square-foot sunroom with protrudes from the house into the deck area the approximated area of the proposed deck would be 516 square feet. Of the total deck area 252 square feet would intrude into the required front yard. 3. The existing deck is nine feet in width and 20 feet in length. After deducting the sunroom area, the existing deck has an area of 180 square feet and is built to conform to setback requirements. 4. The subject property consists of 10,000 square feet (100 x 100) and is located on Lots 3 and 4 of Block 12 of Tibbals 2nd Addition in the R-I zoning district. An addition -t:o the existing house and carport are currently under construction. Including the existing house, additions under construction, and the proposed deck, the total lot coverage would be approximately 29 percent. 5. Residences to the east and across 33rd Street to the south both have setbacks well in excess of 20 feet. A vacant out- building to the south is built to the property line abutting 33rd Street. McNeill Street abuts the property to the west and a vacant lot and residential properties are located to the north. Across platted, unopened McNeill Street to the west a neighboring property has an outbuilding which is const.ructed approximately five feet from the 33rd Street right-of-'way. 6. Platted, unopened 33rd street runs east to west and ternllinates approximately 1,100 feet (five blocks) west of the subject property. The applicant states that there is little chance that 33rd Street will ever be fully developed and therefor the s:etback of less than 20 feet will not be a problem. The applicant further states that the deck could be considered temporary and could be removed if necessary. 7. Conclusions: 1. The proposed variance would not amount to a rezone nor constitute change in the district boundaries shown on the official zoning map. 2. Because the proposed deck does not violate the spirit of the code and view corridors, and light, safety and air would not be negatively affected by the construction of the deck a literal interpretation of the provisions of the Port Townsend Municipal Code would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the district under Title 17 (Zoning). 3. Because neighboring out buildings are situated in close proximity to 33rd Street the variance would not, if granted, confer a special privilege to the subject property that is denied to other lands in the same district. 275 276 MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont. 4. Because the applicant states that "the structure could be removed if necessary, the granting of the variance would not be detrimental to the public welfare or injurious to the property of improvements in the vicinity and zone in which subject property is situated; 5. The reasons set forth -in the above'-referenced application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land. 6. Because the granting of the variance 1~ould be in harmony with the general purpose and intend of TJ.tle 17 (Zoning) of the Port Townsend Municipal Code, the POI't Townsend City council grants the above-referenced variance. Variance Application No 9104-01 -Michael Kelly. Ms Bloomfield reviewed the findings and conclusions of the Planning commission recommending denial of the variance. AftE~r a brief discussion of the property description and the previous requirement of seven off- street parking places, Mayor Shirley opened the hearing to the public. Mike Kelly was recognized spoke in favor of the variance and explained that he has started the :;>rocess of placing the property on the National Historic Registe~ which will change the parking requirements. George Ansley, a nei9hboring property owner, was recognized and spoke in favor of the variance. Barbara Bogart was recognized and explained that the owneJ:- who originally applied for the bed and breakfast use, owned the whole block which might account for the lower off-street parking rl~quirement. There being no further testimony, Mayor Shirley cloBed the hearing to the public. After discussion, Councilmember Camfield made a motion that discussion of the variance be continul~d until March 17, 1992, and that prior to that date, the lot line:; of lots 1, 2, 3 and 4 would be removed, which was seconded by CoU:1cilmember Westerman and passed unanimously by voice vote. Shoreline Substantial Development Permit SDP 9106-03 -Port of Port Townsend. Mr Robison reviewed of the fi~dings, conclusions and conditions of the Shoreline Commission 0:1 Shoreline Substantial Development Permit 9106-03. Mayor Shirle~ opened the hearing to the public. Ed Cummings, attorney for Clipper Navigation and the Port of Port Townsend, was recognized and described the project with the use of a diagram and spoke in favor of the permit and provided proposed changes to the conditions. Leonard Tall, Executive Vice President, Clipper Navigation, Inc, was recognized and addressed concerns regarding adverse impacts to the city that have been mitigated. Bill Toskey, Manager, Port of Port Townsend, was recognized explained the process of the~ Port in this permit and explained that the only reason this permit: is required is because a float is involved and encouraged adopt:~on of the findings and conditions expressed by Mr Cummings. Mr Toskey explained that the US Coast Guard regulations dictate some of the provisions needed by the Port. Kathryn Jenks was recognized and questioned if this is a hearing to pass a shorelines substantial use permit and then stated that the shorelines substantial UBe permit should be the last permit considered instead of the first. Gary Coard was recognized and stated the Boat Haven if; the proper place for commercial fish unloading, stated his CCißcerns about the float during the winter storms, stated pis support for the project and asked that Clipper Navigation bear ~ne cost of management of the dock. Walt Montgomery was recognized qnd stated his oþservation that a dockmaster should be included as Rqr~ of Clipper Navigation's budget. Leonard Tall was re(:ogn.i~ßq qpq. ~tated that the dock will not be used during inclemE~nt weather' and that an alternate dock will be utilized, that d~.ippß,r will install the facility and take care of any repairs at n,) 'cpø~ to the Port, that the Port will collect any revenue from other úsers and they do not expect any adverse impact on any other Port customers. There being I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Con1:. no further testimony, Mayor Shirley closed the hearing 1:0 the public and turned to the council for disposition. During discussion, it was verified that there is no eel grass where the float will be, the other permits needed for the project are awaiting the results of this hearing, Mayor Shirley clarified that the hearing for the Shorelines Substantial Development Permit was held before the Shorelines commission and is now before the Council. Mr Robison reported that Don Bales of the Department of Ecology has stated that it is a matter of practice that the fisheries, Army Corp permit and other permits required by the~ State do come after the Shoreline Permit even thought it is stated that the shoreline permit shall be the last permit issued. After a lengthy discussion of the proposed conditions, Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and conditions and approve Shoreline Substantial Development Permit soP 9106-03 which was seconded by Councilmember Jones. During discussion, Cindy Wolpin was recognized and questioned the advertising for this hearinq. Mr Robison responded that there was a public notice for the Shoreline commission Public Hearing on June 19, 1991. Ms Wolpin stated her concern that this hearing is happening before the law says it should and that some have said that eelgrass is present. Mayor Shirley clarified that a Shorelines Substantial Development Permit goes through a public hearing before the Shorelines commissicÞn, and based upon this hearing, the Commission makes a recommendation to the Council which does not require another hearing. Mayor Shirley stated that this hearing is on the Conditional Use Permit but for the convenience of everybody since this shoreline permit has. taken awhile, it was taken up at the same time so that everyone would have an opportunity to comment. Mr Robison responded that his discussions with the Department of Ecology confirmed that the Fisheries Permit normally comes after the Shorelines Permit and that this permit will be reviewed by them: the eelgrass SUrVE!y that was done from the Union Wharf to Thomas oil for the Union Wharf Project confirmed that there is no eelgrass in the Quincy Street Dock area. The motion passed unanimously by voice vote. PROPOSAL The applicant, Port of Port Townsend, proposes to attach a Ililoorage float to the Quincy Street Dock to allow for boarding and unloading of passengers to the victoria clipper ferry, operated by Clipper. The float would be 8 feet wide by 100 feet long and would be connected to a loading platform that is approximately 50 fee1: by 21 feet which would be attached to the wing walls of the Quincy Street Dock. A ramp would extend from the transfer span to the loading portion of the float. The dock extends approximately 50 feet seaward of the mean low tide line of Port Townsend Bay. The! gross floor area of the proposed float is approximately 1500 squarE! feet. The site is located at the end of Quincy Street, at the old state ferry dock. The site is within the Port Townsend original townsite in Section 1, Township 30 North, Range 1 West, WM. FINDINGS The draft findings regarding this application have been prepared by the Port Townsend Planning and Building Department staJêf for consideration by the Jefferson County-Port Townsend Shoreline Commissioners and the Port Townsend City Council. Any of these findings or recommended conditions may be adopted, rejected, or modified or additional findings may be adopted by the City council based on the recommendation of the Jefferson - Port Townsend Shoreline Management Commission, and on the testimony or e~ridence presented during the course of review. 277 278 MINUTES OF THE REGULAR SESSION OF AUG'JST 20, 1991, Cont. FINDINGS OF FACT 1. The Quincy street Dock was used by ttle Washington state Ferry system until 1983 when the new ferry terminal was completed at Van Buren and Water StrE!et. 2. The dock is currently leased by the Port of Port Townsend to Mr. David Hero. Existing uses of t~e dock include the operation of three retail kiosks on the transfer span portion of the dock. Mr. Hero has ag:::-eed to give up his lease, while retaining a street license agreement with the City of Port Townsend to occupy éind operate certain retail kiosks on the landward side of the dock within the Quincy street right-of-way. I 3. According to a draft contract datej April -' 1991, between Clipper and the Port of Port Townsend, "Clipper would have exclusive right to use the dock and its loading and unloading facilities and a sufficient area of the Dock to ensure safe, efficient and comfortable assembly of Clipper's passengers prior to loading and after unloading, and passage between the vessel and the street, for two one-hour periods eactl day." 4. According to the above draft contract, even during Clipper's exclusive use periods, the Port may allow other vessels to tie up at the float facilió:y if these vessels or their activities do not interfere with the Clipper's activities during the exclusive use periods. 6. The installation of the moorage float is designed as a temporary addition to the dock. Clipper's temporary lease expires on April 1, 1994. By April 1, 1994 a permanent addition will be completed. The permanent addition will require a separate shcreline substantial development permit. According to the draft contract, Clip¡ler has the right to construct and maintain a small ticket sale facility on the dock which will not interfere with other uses of the dock area. I 7. 8. The Clipper initiated ferry service t~o Port Townsend on May 22, 1991, under a short-term dock use license from the City for a "trial period" at Ci"ty Dock, one block east of the Quincy Street dock. Commercial vessel use is not considered an appropriate on-going use of City Dock by the City. 9. The trial period was allowed to enable the City to conduct a parking and traffic study because of the uncertain impacts that a passenger ferry may generate. The city is currently conducting a pélssenger survey for all passengers boarding or disembarkir,g in Port Townsend. 10. While the parking study is being undeJ:-taken, Clipper has obtained ten parking spaces at the Bishop Hotel parking lot for use by its customers. Directional signage has also been installed per city recommendations. Long-term parking requirements for Clipper will be determined during the City's conditional use pel~it process. I 11. The dock is owned by the Port of Port: Townsend. It was transferred to the Port by the City in exchange for the Port's agreement to maintain the doc}: and to develop it for appropriate uses in accordance with the City of Port Townsend Resolution 83-16 and the Il":,terlocal Agreement dated November 7, 1983 pursuant therE!to. I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Con't. 12. Clipper's proposed improvements to the dock will fulfill the Port Townsend Waterfront Plan, land use element., policy 3: "Encourage marine moorage and use of the old Quincy Street ferry terminal for tour ships and ferries." These improvements will cost Clipper, including design, permi tting, construction, and payment to the city for th.e cost of traffic improvements under the City Conditional Use Permit, at an amount greater than $60,000. This is a substantial investment in a maritime-related facility which the community clearly desires, and which will be made available by the Port to multiple users, at no cost to the City or County. OTHER REQUIRED PERMITS 1. 2. 3. 4. City of Port Townsend Conditional Use Permit. Washington Department of Fisheries Hydraulic Project Approval U.S. Army Corps of Engineers section 10 Permit Department of Ecology Water Quality certification NOTICES 1. Notice of application was made by publishing legal notices in the May 8th and May 15th, 1991, editions of the Port To~msend- Jefferson County Leader and by notification to adljacent property owners by mail. Notice of public hearing to be held on June 19, 1991 WêlS made by publishing a legal notice in the May 22, 1991 edit.ion of the Port Townsend-Jefferson County Leader. 2. 3. Inspection of the site was made on June 13, 1991, by a representati ve of the Port Townsend Planning and B\Jlilding Department and members of the Jefferson-Port tClwnsend Shoreline Management Advisory Commission. 4. The proposal has been reviewed in accordance wi 1:h the Washington State Environmental policy Act (WAC 197-11) by the Ci ty of Port Townsend as lead agency. The City issued a Mitigated Determination of Non-significance for the proposal on June 4, 1991, based on the following required mitigation measures: 1. To minimize impacts to water quality, cleaning of the proposed moorage float shall use non~ toxic and biodegradable cleaners. 2. To mitigate impacts to noise, the vessel's speed approaching and leaving the dock will be kept at a minimum. 3. To mitigate safety concerns from the boarding of passengers at the ferry dock, a lighting plan sh,all be developed for approval by the Planning Director. The plan shall provide adequate lighting for the dock area and incorporate beamed, shielded fixtures to prevent light and glare impacts on navigation and the surrounding upland area. To mitigate parking and circulation impacts in the downtown, Clipper Navigation shall pay the total cost of a passenger user survey. Resul ts of the study shall be used to determine additional mi tigation measures which may be needed to mi tigat:e unknown parking and circulation impacts. 4. 279 280 MINUTES OF THE REGULAR SESSION OF AUGUST 20,1991, Cont. WRITTEN TESTIMONY 1. Ms. E. Zahn stated concerns aboilt importance restoration and protection of natural shorelines. of 2. Tamara Conway stated opposition to thE~ installation of a moorage float at the Quincy Street Dock. She does not object to a passenger ferry at this location, but feels the proposal should be denied because it caters to tourists and does not provide adequate service to locals. APPLICABLE SHORELINE MANAGEMENT MASTER PROG~ POLICIES 1. The Jefferson-Port Townsend Shoreline Management Master Program requires that a shoreline :;ubstantial development permit be issued by the City of Port ~'ownsend for development of the proposal. The following sections of the program apply in the review of the proposal: 1.20, "Purposes"; 4 .106, "Port Townsend Urban Waterfront Special District"; 4.202, "Secondary Uses"; 5.60, "Docks, Piers and Floats." 2. The proposal is located in the Port Townsend Urban Waterfront Special District of the Jefferson-Port Townsend Shoreline Master Program. 3. The proposal has been administratively classified as a secondary use in the urban designation by criteria established in the Jefferson-Port Townsend ShorEÜine Management Master Program. Installation of a moorage float/dock requires a secondary use substantial development, permit from the Master Program. Section 4.202 "Secondary Uses" states that secondary uses are those that are not deemed as being preferable within the scope of the definition or policy of a particular shoreline environmental designation. 3. Shoreline Master Program, section 4.106, "Port Townsend Special District", further states in part as follows: Policy 3: Existing piers and wharves along the District's waterfront should be refurbished o:r rebuilt in order to maintain a modern-day link with the community's maritime history. . . however, new over-water st:ructures shall only be developed to serve water dependent Uf;:es. 4. Shoreline Master Program, section 5.60, "Docks, Piers and Floats," states in part as follows: Policy 4: Docks, piers, and floats should be designed and maintained to avoid adverse impacts of the environment and shoreline aesthetics and minimize interference with the public use of 'the water. Policy 5: Docks, piers, and floats :;hould be designed, constructed and maintained to provide a reasonable level of safety to users. Policy 6: Docks, piers and floats are encouraged to provide for public access, docking and use. Performance Standard 6: Utility serITice on docks and piers shall be placed on or under deck. Overhead utility service is prohibited. Flood lightinQ shall be shielded to prevent unnecessary glare. Performance Standard 10: Accessory development not shoreline dependent, including parking and storage shall be located away from the shoreline af: far as feasible. I I I I I , MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Coni:. 6. The proposed shoreline substantial development permit application is subject to the following review criteria: A. Applicants for shoreline substantial development permits for secondary uses will have the burden of proof to demonstrate that: 1. The proposal will not be contrary to the policies of the Shoreline Management Act and the policies of the Master Program. The proposed project will not materially interfere with the public use of public lands and waters or the private use of adjacent private lands. 2. 3. The proposed project will not cause unnec:essary adverse effects on the environment and will be compatible with other permitted uses wi thin the area. CONDITIONS Issuance of a shoreline substantial development permit for the proposed project requires compliance with the Washington State Shoreline Management Act and the applicable policies and performance standards of the Jefferson-Port Townsend Shoreline Management Master Program. The Port Townsend city council recommends approval of the proposal with the following conditions: 1. To assure consistency with Section 5.60, Performance St.andard 6 of the Shoreline Master Program, overhead wiring is not permitted on the dock or float. To be compatible with section 5.60, Policy 5, of the Shoreline Master Program, the float shall meet Coast Guard requirements for nighttime visibility from the water. 2. 3. To assure consistency with Section 5.60, Policy 6, of the Shoreline Master Program, public access to the mooragE! float should be provided during daylight hours consistent. with operational demands and public safety concerns as dete!rmined by the Port of Port Townsend. 4. To assure compatibility with section 5.60, Policy 5, of the Shoreline Master Program, fishing off the dock or float shall be prohibited. 5. To assure compatibility with Section 5.60, policy 5, of the Shoreline Master Program, the three retail kiosks (In the dock shall be relocated to allow for betteœ pedestrian circulation and to preserve views along the shoreline. The placement of these kiosks and the Clippe!r ticket booth shall be approved by the planning Director. 6. The proponent shall install an adequate number of garbagre receptacles and appropriate recycling containers consistent wi th the Main Street streetscape Desigrn handbook. Location of the containers shall be approvE!d by the Planning Director. The proponent shall provide for daily disposal and maintenance of the garbaçre containers. Conditional Use Permit Application ~103-02 -Clipper Naviqat:ion. Mr Robison reviewed Conditional Use Permit Application 9107-03 findings, conclusions and conditions of the Planning Commission recommending approval of the permit. Mayor Shirley opened the hearing to the public. Ed Cummings, Attorney for Clipper 281 282 MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont. Navigation, was recognized and suggested t.hat testimony given on the Shoreline Substantial Permit be considHred as testimony on the Conditional Use Permit as well. Mayor Shirley responded that will be the case. Mr Cummings discussed a drawing of the traffic circulation plan proposed by Clipper N.:iVigation, signage for parking, parking surveys and other impacts on the community. Bill Toskey, Port Manager, was recognized and spoke in support the permit. Cindy Wolpin was recognized and voiced concern that the parking lot between the Police station and Elevated Ice Cream is used on Saturday mornings by the Farmer's llarket. Bob Rickard was recognized and clarified that the final conclusion stated that Planning Commission felt that a landing f'3e was not necessary at this time for Clipper because of their subHtantial contribution to development of the facility: not that others using the facility might not be charged a landing fee. ~~here being no further testimony, Mayor Shirley closed the hearing to the public and turned to the Council for disposition. After a lengthy discussion of the traffic pattern, parking and parking surveys, which included Gerald Brian, Vice President and Genera L Manager of Victorian Clipper, Councilmember Clise made a motior., that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit No 9107-03 which was seconded by Council- member Camfield. Discussion of monthly emb,;¡,rkation and debarkation reports from Clipper Navigation ensued. Mayor Shirley again clarified that a public hearing on a Shorelines Substantial Use Permit before Council is not required. Mayor Shirley turned to the public for any new information before the vDte. Walter Montgomery, patron of Clipper Navigation, was recognizl~d and reported that out of five trips, he has only been surveyed twice; and that when he called for reservations, the parking was not correctly explained to him; and that he was told that someone wouLd be at the dock a half hour before leaving to sell him a ticket which was not the case. Barbara Bogart was recognized and suggested tickets for the dashboards of cars parked by ferry riders and that cars not parked in the designated areas be towed. Bob Rickard was recognized and noted that if people have to park their car, walk to the ferry landing for a dashboard ticket and then walk back to their car with it, they will simply park on the street. Councilmember Westerman stated that the signage needs to be corrected and the surveys be taken of every passenger. Mr Robison stated that a passenger manifest log will be provided on a mont~ly basis. The motion passed unanimously by voice vote. NOTE: This Conditional Use Permit Application addresses primarily the issues of parking and traffic circulation impacts which may result from the operation of the Victoria Clipper at the Quincy Street Dock facility. Issues relat:ed to the operation and maintenance of the Dock and proposed moo:rage facility have been addressed in a separate shoreline condit,ional use permit (CUP) application. The applicant for the shorlÜine CUP permit is the Port of Port Townsend, not the Victoria ,:=lipper. The Jefferson County-Port Townsend Shoreline Advisory Co:nmission has recommended approval of the shoreline CUP with condi ticns, to the City Council. Findings: 1. The applicants, Clipper Navigation, Inc. ("Clipper" herein) propose to use the old Washington State ferry dock at the end of Quincy Street to operate a passenger ferry landing. In 1983, the Washington State Ferries built a new terminal at Van Buren and Water Street due to traffic congestion and lack of upland space for parking and loading at the Quincy Street Doc}~ facility. 2. The Quincy Street Dock facility, (I'Dock" herein), is owned and maintained by the Port of P:>rt Townsend. In a contract with the Port, Clipper would have exclusive right to use the dock and its loading and unloading I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Con-!:. facilities for its passengers, during two one-hour periods each day. The dock is adjacent to the Quincy Street and Waterfront Place public right-of-ways, within the C-III commercial district, of the Port Townsend Historic District. 3. Clipper initiated ferry service to Port Townsend on May 22, 1991, under a short-term dock use license from the City for a "trial period" at City Dock, one block east of the Quincy street Dock. Commercial vessel use is not considered an appropriate on-going use of city Dock by the City. 4. Upon approval of the shoreline and city conditional USE! permit applications, Clipper would operate its passenger ferry services at the Quincy Street Dock, from sometime in April to October 15th, on an annual basis. During the winter, Clipper may offer occasional service on some weekends for special events, such as the Jazz Festival. 5. The trial period was allowed to enable the City t~o conduct a traffic and parking study because of uncertain impacts that a passenger ferry may generate. While the parking study is being undertaken, Clipper has obtainE!d ten spaces at the Bishop Hotel parking lot for use by i t:s customers. Directional signage to the lot has beem installed per city recommendations. Current parking demands in the Historic District regularly create overflow parking demands and internal circulation problems around the Quincy street Dock area. On busy summer days, tourist-generated vehicular traffic creates serious impacts on the available parking supply. Increasing development pressures in the immediate arE!a can only exacerbate this situation over time. 6. 7. Clipper's passenger trip projections estimate an averagre of 22 passengers disembarking in Port Townsend per dêlY this operating year. 222 operating days are forecasted for the following three years. For 1992, an average of 22 passengers disembarking per day; 1993, an average of 26 per day; 1994, an average of 31 per day. It should be noted that the addition of operation days during the winter season tends to reduce the daily average, or peak passenger trip day. 8. There are some inconsistencies between the city's tabulated survey results and Clipper's Visitor study Recap. These differences can be attributed to the surve!y itself, misinterpretation of the questions by passengers I etc.. Nonetheless, the surveys offer a starting point from which to base Clipper's parking requirements. To generalize from the survey results, over 80% of the people whose trip originates in Port Townsend arrive êlt the ferry dock by vehicle. Over 50% of these people arrive by personal auto and close to 30% are dropped off. Of those parking their car in Port Townsend, 56% park in the designated Clipper parking lot at the Bishop Hotel. 30% parked in other off-street lots and 14% parked on city streets. Over 50% of the use of the Clipper is day use, wi th most people completing their trip wi thin 3 days. As expected, most people (83%) who travel to Port Townsend, have begun their trip from Seattle. Clipper I' s visi tor manifest shows a wide range of out-of-sta1::e tourists using the ferry service. 58% of those surveYHd 283 28:4 9. 10. 11. MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont. indicated they would not have come t'J Port Townsend if the Clipper service was not available. And over 50% of those who would have still come to :?ort Townsend said they would have travelled to Port To'N'nsend by personal auto. Based on the above, current off-street parking provided by Clipper for passengers originatinq in Port Townsend appears adequate. Internal circuVition and traffic congestion at City Dock has been minim:ll. However, there is a need for taxi and small bus loading zones, and drop- off areas to serve Clipper's passengers. I The unique parking requirements of ferry landings was recognized by the City Council in section 17.30.100 of the Port Townsend Municipal Code, whic.h. provides that the parking requirements for a ferry landing is "Determined by the Board (Ci ty council) whEm considering a conditional use application." The following sections of the 1990 Port Townsend Urban Waterfront Plan apply in the review cf the proposal: a. Page 22, Land Use Element, Pol icy 3 : "Encourage marine moorage and u::;e of the old Quincy Street ferry terminal for commercial tour ships and ferries." b. Page 37, Transportation and Park:.ng, policy 3: "The City should study and identify the short and long-range needs and cumulat:.ve impacts of private ferry proposals. As part of the required conditional use perm:L t for ferry operation, the City should ensure that adequate parking is provided. In addition, the City should develop a landing fee for passenger ferries or cruise ship:; that dock at public facilities. Revenues wotJ,ld be used to maintain docks, street furniture or other pedestrian amenities generated for such activities." I Prior to initiating ferry service at the Quincy Street Dock, Clipper has made substantial capital investments to both City Dock and Quincy Street DocJ<,. Conclusions: 1. 2. The proposed use by the victoria Clipper at the Quincy Street Dock facility will not endangeJ:' the public health or safety nor create a nuisance if properly mitigated; however, parking and circulation impacts may be exacerbated with increased developmer..t in the immediate area or by a substantial increase in ridership in the ferry service. The carrying capacity of the surrounding area for on-street and off-street parJdng is finite, and will continue to decline over time. I Due to the particular timing of the ferry arrivals and departures, traffic circulation impac"ts generated by the proposed use would not be injurious or detrimental to adjoining or abutting property. If Quincy Street and Waterfront Place were redesigned and re-striped to facilitate visitor short-term parking and loading areas, the proposed project would not effect neighborhood character, nor threaten the existing pedestrian scale of the surrounding area. I I I 6. MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont:. 3. Increased parking impacts from this project, could be mitigated under the conditions below, so the project will not endanger the public health nor create a nuisance. provision of parking requirements pursuant to Chapter 17.30.100 requires the City Council to determine that adequate parking is provided. If adequate parking is provided, and the city has the ability to revise its parking requirement based on future parking demands and cumulative impacts generated by Clipper's operation, the location and character of the proposed use would be in harmony with the area in which it is located and would be consistent with the Comprehensive Plan and Urban Waterfront Plan. 4. Due to substantial public investment by Clipper at both City Dock and Quincy Street Dock, a landing fee is not appropriate at this time. In consideration of the aforementioned findings and conclusions, the City Council grants the above-referenced application AS CONDITIONED: 1. To provide parking and convenience for its customers, Clipper shall provide ten-off street parking spaces within 500 feet of the Quincy street Dock facility. Any distance greater than 500 feet may require a vehicle shuttle, as determined by the Planning Director. The parking area shall be marked with appropriate signage and striped or marked for parking stalls pursuant to Chapter 17.30.280.J2 Port Townsend Municipal Code. 2. To ensure that long-term parking demands are satisfied, the Planning and Building Department shall evaluate ridership and parking needs generated by the Clipper every two years. The cost of future passenger studies will be borne by Clipper. Clipper shall submit all passenger reports to the Planning and Building Department. Upon a finding of increased demand of 20% in excess of Clipper's projections provided by Clipper to WEC, additional off-street parking or traffic circulation improvements may be required to meet such demand. 3. To mitigate traffic congestion and internal circulation in the Quincy Street and Waterfront Place area, th.e right-of-ways and parking areas will be re-striped to better accommodate turn-arounds, short-term loading areas, handicapped parking, taxi and bus drop offs, etc. Appropriate signage will be installed by the proponent,. The site plan and necessary improvements shall be done by the Public Works Department and the cost of re-stripinq shall be paid by the proponent. 4. To allow adequate public access and convenience of its customers, the Clipper shall provide public bench seatil1,g along the western side of the transfer span. The seating must be consistent with the Urban Waterfront Plan desig'n guidelines. 5. To assure public safety concerns, portable fire extinguishers shall be installed on the Quincy Stree~t Dock and moorage float, such that not more than 50 fee~t separates extinguishers. The proposed use shall comply with these Findings of Fact, Conclusions and Conditions. In case of any conflict, Conditions shall prevail over Findings in interpreting or applying the same. 285 286 MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont. Ordinance on Bindina site Plans. hearing has been canceled. Mayor Shirley announced that this RECESS ANNOUNCEMENT Mayor Shirley noted that it is 11:20 PM and that representatives of Nordland Construction were in the audience" He stated that there will be an executive session tonight and the rest of the meeting will be continued until August 27, 1991, at 7: 00 PM. Councilmember Camfield stated that the Legislative/Environmental Committee has a proposed mitigated determination of non-siqnificance for Nordland Construction and it was the consensus of the Council that this item will be first on the agenda on August 27. COMMITTEE REPORTS Watershed Tour. Councilmember McCulloch rE~ported on a tour taken of the watershed in the Quilcene Ranger District and discussions with the Forest Service on the use of the watershed in regard to water restrictions and the sale of timber .::ouncilmember McCulloch made a motion that the Mayor be authorized to sign a letter requesting that the Forest Service follow their best management practices for erosion and sediment control, and notify the City what is recommended; that a water quality monitoring program be established both above and below the timber sale area on the Little Quilcene River, and that there be pre-cutting monitoring for base- line information which was seconded by C:>uncilmember Clise and passed unanimously by voice vote. Chelan Agreement. Mr Wheeler reported (In a meeting a that a representative of the Dungeness Quilcene Water Resources pilot Project had with the Department of Ecology in connection with the Chelan Agreement. Councilmember Westerman made a motion that the Mayor be authorized to sign a letter from the Jamestown Klallam Tribe is sending to the Department of Ecology stating that they do not want the Department of Ecology to spend any of the 1.25 million dollars until such time as the regional pilot project has had a chance to evaluate how that money should be spent for each particular pilot project which was seccnded by Councilmember McCulloch and passed unanimously by voice vote. Addendum to Wastewater Treatment Plant. M}:" Wheeler reported that an addendum to the Wastewater Treatment Plant SEPA is needed by the Department of Ecology and reviewed the proposed design changes. Councilmember Camfield made a motion that the Council make a mitigated determination of nonsignificance for the addendum to the Environmental Checklist for the city of Fort Townsend Secondary Wastewater Treatment Plant which was sec<:>nded by Councilmember Jones and passed unanitnously by voice 'Tote. The mitigating measures that follow are contained in the Addendum to the Environmental Checklist for the City of Fort Townsend secondary Wastewater Treatment Plant dated August 1991. 1. Earth In addition to measures described in pervious addenda, the contractor will be required to limit all construction activity to greater than 5 feet from the shoreline of North Lagoon. 2. Environmental Health The previous was to use gaseous chlorine in I-ton cylinders for disinfection. The plant will now be designed to use sodium hypochlorite (a liquid) for dÜdnfection. There will no longer be a potential hazard from 'the release of chlorine I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont. to the atmosphere by changing to sodium hypochlorite:. The sodium hypochlorite tank will be enclosed in a concret:e berm to contain chemical spills. 3. Transportation The number of truck trips required to haul sludge will ])e 5 to 10 per week. There will be no hauling of septage to the plant. Finance Committee. Councilmember Owsley made a motion that the Council approve an expenditure of $870.00 from the Hotel-Motel funds for the Chamber of Commerce to place an ad in the "Pacific Northwest" magazine which was seconded by Councilmember Cé:lmfield and passed unanimously by voice vote. councilmember Owsley reported that the Committee had discussed the Housing and Urban Development funds with Mrs Thayer for MaiTtstreet and that there will be advertisements for $30,00.00 of loans available. Councilmember Owlsey also reported that Sheri Robison of MaiJ1lstreet had met with the Committee and updated their expenditures of funds. Pink House Ad Hoc Committee. Councilmember Camfield announcE!d that she will not be able to attend the continued portion of this meeting and that the Committee is back on schedule and hopes to have a prospectus for the Pink House ready in November. Golf Course Restaurant Sub-Lease. Mayor Shirley noted the letter from Mike Early requesting approval of the transfer of the lE!ase of the Golf Course Restaurant to Herman Dale Bishop Jr. After discussion of the status of the Building Permit for the remodeling of the basement, councilmember Westerman made a motion that the Council approve the sub-lease which was seconded by Councilmember Camfield and passed unanimously by voice vote. Letter from Thomas Ma jhan re: Swan Hotel. Mr Harper questioned the response wanted by Council for this letter. It was the consensus of the council that it will be discussed during the meeting on September 3, 1991. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session to discuss the acquisi tion of real estate by lease and purchase including Keith Harper, Vera Franz and Robert Wheeler at 11:47 PM. Councilmember Camfield left the Executive Session at 11:52 PII. The meeting was reconvened at 12:02 AM. NEW BUSINESS Councilmember Clise made a motion that the Council approve a letter agreement wi th Mari time Services which was secondE:!d by Councilmember McCulloch and passed unanimously by voice vot,e. CONTINUATION Mayor Shirley continued the meeting until 7:00 PM on August 27, 1991, at 12:04 AM. REGULAR SESSION OF AUGUST 20,1991, CONTINUED The City Council of the City of Port Townsend met in continued session this Twenty-seventh day of August 1991, at 7:00 PM in the Council Chambers of city Hall, Mayor Brent S Shirley presiding. 287 288 MINUTES OF THE REGULAR SESSION OF AUGlST 20,1991, Cont. ROLL CALL Councilmembers present at Roll Call were ~~ohn Clise, Vern Jones, Julie McCulloch, and Norma Owsley. Jean Camfield, Michael Kenna and Sheila Westerman were excused. Also p:::-esent were Deputy city Treasurer Vera Franz, City Attorney Kei t,h Harper, Director of Building and Planning Michael Hildt and Enqineer Randy Brackett. COMMITTEE REPORT Legislati ve/Environmental. Mr Hildt rt~viewed the mi tigated determination of non-significance for the Bay View vista Project of Nordland Construction. councilmember Jones, made a motion that the Council make a mitigated determination of nc,nsignificance which was seconded by Councilmember Clise and passed unanimously by voice vote. The mitigating measures are as follows: A. EARTH 1. Prior to building permit approval, a stormwater drainage plan shall be prepared by a registered civil engineer for approval by the Public Works Director. The plan shall detail how to concentrate runoff from the roofs, iriveways, parking and street areas, methods for conveyance and treatment. Both temporary (during construction) and permanent erosion control measures shall be given. Provisions fDr long-term stormwater drainage systems and biofiltration maintenance shall be provided. The plan shall include the following in writing or diagrams: B. 0 0 0 0 0 0 0 0 0 AIR Location of proposed bQildings; Property lines; Details of terrain, including proposed finished contours; Peak discharges and volume of surface runoff; Proposed drainage facilities including details of surface and subsurface drains; Incorporate biofiltration into design of drainage facilities and conveyance systems - show design of such systems; Illustrative sketch of retention\detention facilities (should be desiq1ed for 24 hours); Details of all erosion cont:::-ol measures; Proposed construction schedule (including time of erosion control measures in::;tallation) 1. To mitigate adverse air impacts due to dust during dry weather, construction areas should he watered to suppress dust. In order to reduce potential sllrface and ground water contamination, chemical dust suppressélnts should not be used. C. WATER 1. To mitigate adverse impacts to water quality associated with increase impervious surfaces, biofil tration of runoff prior to discharge shall be installed as per Department of Ecology guidelines. The stormwater system should include appropriate grass-lined swales and oil/wateI' separators. The biofiltration system shall be approv'3d by the Public Works Director prior to issuance of a Clearing and Grading permit. D. PLANTS 1. To mitigate impacts of loss of natural areas and vegetation, prior to issuance of any permit, a landscaping plan that details the type, amount and placement of the landscaping for I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Con-to the site plan shall be submitted for the approval of the Planning Director. The landscaping plan shall be consistent wi th the Urban Waterfront Plan design guidel ines and the ci ty' s landscaping standards for parking areas. Drought tolerant, native vegetation shall be encouraged. E. ANIMALS 1. To mitigate adverse impacts to marine life and habitat, area, any bulkhead or riprap work shall require a shoreline substantial development permit and hydraulic permit approval from the Department of Fisheries. F. ENERGY AND N4TURAL RESOURCES No mitigation measures proposed. G. ENVIRONMENTAL HEALTH: HAZARDS 1. To mitigate adverse public safety concerns, the excavation practices to be used for the removal of the mound and construction of the underground parking area shall meet the approval of the Public Works Director. 2. To mitigate potential impacts from potential toxic contam- ination of the site, the Department of Ecology (DOE) shall be contacted by the proponent, to request a DOE pre-assessment of the soil and its toxicity, prior to demolition of Bill's Tire Store. H. ENVIRONMENTAL HEALTH: NOISE 1. To mitigate adverse construction noise impacts on nearby residents, construction shall be limited to between thE! hours of 8 AM and 5 PM Monday through Friday and prohibi'ted on weekends. I. LAND AND SHORELINE USE 1. To mi tigate adverse impacts on the public's visual and physical access to the shoreline from the proposal, a public access and viewpoint area shall be established at the Calhoun street-end. In addition, the project shall include the proposed pocket park adjacent to the Bayview Restaurant, dimensions of said park approximating those detailed on submitted site plan. Prior to a shoreline hearing for the shoreline substantial development permit, the applicant: shall submit a detailed site plan for both areas for approval by the Planning Director. The park and access plan shall be dE:signed using the design and construction criteria described in DOE's Shoreline Public Access Handbook. J. HOUSING No mitigation measures proposed. K. AESTHETICS 1. To mitigate adverse impacts on aesthetics I the propone:nt has voluntarily initiated design review before the Historic Preservation Committee (HPC) to assure that the development of t;h~ proposal shall be con~i~t,ent with the Urban WatE:rfront Plan design guidelines. The proponent has agreed to malke any necessary design revisions to conform to the recommendlations of the HPC. 289 290 O. MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont. L. LIGHT AND GLARE 1. To mitigate light and glare impacts from outdoor lighting sources affecting road or residential'~ses, the proposal shall include beamed, shielded fixtures to prevent light and glare impacts. M. RECREATION 1. To mitigate adverse impacts from incrE!ased development of the site along the shoreline and increasing demand from eleven new households, a public pocket park shall be established at the eastern side of the Bayview. The park shall be designed to have direct access to the beach bel()w the bluff edge. No accessory structures (e.g. propane tanks, dumpsters, etc.) to the restaurant shall be allowed in the designated park area. N. HISTORICAL AND CULTURAL PRESERVATION 1. To mitigate potential adverse impacts to archeological resources which may be discovered (luring excavation, work should be stopped if such materials are discovered, and the State Historic Preservation Officer bH contacted immediately. O. TRANSPORTATION 1. To mitigate adverse impacts to traffic safety and congestion, the site plan shall be designed as submitted. However, all buildings and parking stalls must be located at least 15 feet from the bluff's edge, or the ord:Lnary mean high water, whichever is greater. The site plan shall be amended as necessary to conform with building setbacks, landscaping, parking or other requirements in the Port Townsend Municipal Code and Urban Waterfront Plan. 2. To mitigate adverse impacts of internal circulation vehicle congestion, the proponent shall subni t a specific internal circulation plan and obtain the approval of the Planning Director. P. PUBLIC SERVICES No mitigation measures are proposed. UTILITIES 1. To mitigate adverse impacts to future utility improvements, the proponent shall install sleE~ving for the future undergrounding of utility lines. To mitigate adverse impacts to traffic safety the proponent shall install streetlights and parkinç' lot lighting consistent with the Urban Waterfront design guidelines. 2. UNFINISHED BUSINES~; Ordinance No 2254. Mayor Shirley announcec, that discussion and any action on this ordinance will be held for 'the meeting on September 3, 1991. Ordinance Removing Police/Fire Chief fron civil Service. Mayor Shirley distributed suggested wording that included findings to be added to the ordinance for review and announced that this ordinance will be brought up at a later date. Mayor Shirley also announced that a letter of resignation from the Police Chief was on the Councilmembers desks tonight indicating that he intends to retire at the first of 1992 or sooner depending upon the outcome of the election since he is running for Mayor. I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, Cont.. ORDINANCE NO 2255 AN ORDINANCE RELATING TO ZONING, AMENDING CHAPTER 17.64 OF THE PORT TOWNSEND MUNICIPAL CODE AND ADDING NEW SECTIONS TO PROVIDE FOR EXPEDITIOUS ADMINISTRATIVE PROCESSING OF REQUESTS FOR MINOR VARIANCES AND CONDITIONAL USE PERMITS WHENEVER THEIR DEGREE AND EFFECTS ON SURROUNDING PROPERTIES ARE OF SUCH A MINOR EXTENT THAT THE PLANNING AND BUILDING DEPARTMENT MAY DECIDE ON SUCH REQUESTS WITH NOTICE AND A RIGHT TO OBJECT AND APPEAL; TO MAKE CERTAIN TECHNICAL AND CONFORMING CHANGES; AND AMENDING SECTIONS 17.64.030, 17.64.060, 17.64.090 AND 17.64.110 OF THE PORT TOWNSEND MUNICIPAL CODE. Mr Harper explained the ordinance. Ms Franz read the ordinance by title. Councilmember Clise made a motion that the second :r:-eading be considered the third and the third be by title only which was seconded by Councilmember Owsley and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember Clise made a motion that the council adopt Ordinance No 225~¡ which was seconded by Councilmember Owsley and passed unanimously by roll call vote after a brief discussion. ORDINANCE NO 2256 AN ORDINANCE PERTAINING TO THE VACATION OF STREETS; DELETING PLANNING COMMISSION REVIEW OF STREET VACATION APPLICATIONS; UPDATING THE CITY'S STREET VACATION ORDINANCE WITH RESPECT TO THOSE STREETS ABUTTING BODIES OF WATER PURSUANT TO STATE LAWS; AMENDING SECTIONS OF CHAPTER 12.20 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. Mr Harper explained the ordinance. Mr Hildt noted tha't this ordinance and Ordinance No 2258 have had public notice and he~arings before the Planning commission and come wi th favorable recommendations from the commission. Ms Franz read the ordinance by title. counci1member Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2256 which was seconded by Councilmember Clise and passed unanimously by roll call vote. ORDINANCE NO 2258 AN ORDINANCE PERTAINING TO SUBDIVISIONS; PROVIDING FOR THE TIME WITHIN WHICH VARIOUS APPROVALS IN CONNECTION WITH SUBDIVISIONS MUST BE MADE AND FOR EXTENSIONS OF SUCH TIME PERIODS; ESTABLISHING AN ADMINISTRATIVE REVIEW PROCEDURE FOR SHORT SUBDIVISIONS; AMENDING SECTIONS IN CHAPTERS 18.20,18.32 AND 18.38 OF THE PORT TOWNSEND MUNICIPAL CODE; ADDING NEW SECTIONS TO CHAPTERS 18.04,18.12 AND 18.20 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. Mr Harper explained the ordinance. Ms Franz read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Owsley and passed unanimously by voice vote. Ms Franz again read the ordinance by title. 291 292 MINUTES OF THE REGULAR SESSION OF AUGlST 20, 1991, Cont. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2258 which was seconded by Councilmember Owsley and passed unanimously by roll call vote. RESOLUTION NO 91-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A O)NTRACT FOR A FREE BICYCLE SERVICE TO BE PROVILED WITHIN THE CITY. Mr Harper explained the resolution and contract. Councilmember McCulloch made a motion that the Council ac,opt Resolution No 91-67 which was seconded by Councilmember Clise and passed unanimously by voice vote. RESOLUTION NO 91-68 A RESOLUTION AUTHORIZING THE MJ.YOR AND CITY CLERK TO EXECUTE A DEED RBLEASING AND RELINQUISHING THAT CERTAIN EASEjlŒNT RESERVED BY THE CITY OF PORT TOWNSEND IN STREET VACATION ORDINANCE NO 1775. Mr Hildt explained the resolution. CounGilmember Clise made a motion that the Council adopt Resolution No 91-68 which was seconded by Councilmember Jones and passEd unanimously by voice vote. COMMITTEE REPORTS/STAFF REPORTS Street/Storm Drainage/Liqht. Councilmember Jones reported that the Committee had met and that a request by Bon,1ie Baker for repairs to Perry Ave has been turned over to the Public Works Department. Councilmember Jones reported that the Committee would like the Chamber of Commerce to come to Council to rt~view the "Seagull Tour" before the Seagulls are repainted on the streets in response to the complaint by Mike Griffin. Councilmember NcCulloch suggested that the Chamber of Commerce be requested to inform people that the route is not suitable for motorhomes. Councilmember Jones stated that Mr Bracke'tt will be reporting on the status of the parking lot between Elevated Ice Cream and the Police Department and also on a drainage I:roblem on Cook Avenue. Councilmember Jones also reported that everything is different than was previously thought and that a review ~f the Street Standards will be done by the Public Works Departmer,t. Councilmember Jones reported that the street brushing has worked out well this year with the involvement of the public. Emergencv Services Committee. Councilme~Jer Clise made a motion that Councilmember Jones be reappointed 1:0 the Jefferson County Emergency Services Committee which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Water/Sewer Committee. Councilmember MCClllloch reported that she has a video tape of the KING TV special "Where Has All the Water Gone?" regarding concerns about the quantity of water in the urbanizing puget Sound Region that was aÜ'ed August 20, 1991, for anyone to see. Video Tapes. Mayor Shirley announced that there are two video tapes available: "Council's choice" and "Legal Do's and Don't's for Elected Officials". I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 20, 1991, con"t. City Parking Lot. Mr Brackett presented a conceptual design for the parking plan and surfacing proposal for the parking lot between the Police station and Elevated Ice Cream. Councilmember Jones made a motion that the Council give conceptual approval to the plan subject to funding which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Building Official. Mr Hildt reported that interviews will be taking place for the position of Building Official and that he hopes to have a decision fairly soon. Applications. Mayor Shirley reported that there have been some exci ting applications for the Planning commission, Police Chief and City Attorney. COUNCILMEMBERS GENERAL DISCUSSION Councilmeetings. Councilmember Clise suggested that the Council consider a third regular meeting each month in order to alleviate the workload of each meeting since they have been running so late. It was the consensus of the Council to discuss this further when all members are present. Historic Protection. Councilmember Jones reported a suggest:ion by Kathryn Jenks that there be a commission or committee to wCirk for the identification and protection of "precious things" in ttle city that are of an historic nature that are not under the protection of the Historic commission. Homes Tour. Mayor Shirley announced that city Hall will be on the Homes Tour on September 21 and 22, 1991, and Councilmember McCulloch volunteered to oversee the unlocking and locking of the doors. EXECUTIVE SESSION Mayor Shirley recessed the meeting into Executive Session to discuss the acquisition of real estate including Keith Harper and Vera Franz at 8:02 PM. The meeting was reconvened at 8:16 PM. NEW BUSINESS RESOLUTION NO 91-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR AND CITY TREASURER OF THE CITY TO ENTER INTO AND CARRY OUT A LETTER OF AGREEMENT FOR PURCHASE OF CERTAIN REAL PROPERTY WITHIN THE CITY. Mr Harper explained the resolution. Councilmember Clise :made a motion that the Council adopt Resolution No 91-68 which was seconded by Councilmember McCulloch and passed unanimously by voice vote. ADJOURNMENT There being no further business, Mayor shirley declared the meeting adjourned at 8:19 PM. Attest: d-~ Deputy City Treas er 293