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HomeMy WebLinkAbout10/19/1992 90 MINUTES OF THE REGULAR SESSION OF OCTOBER 5, 1992, Coni:. a greater sign area for the comple~ of, businesses in .the building where Chula' s is located and a d1.str1.ct monument s1.gn could be worked on. Tourism Coordinating Council Members. A discussion of the make-up of the Tourism Coordinating Council membership ensued. ADJOURNMENT There being no further business, Coun' motion to adjourn which was second by passed unanimously at 9:11 PM. ember Westerman made a ou ilmember Jones and Attest: . Mayor ~T~ MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 1992 The City Council of the City of Port Townsend met in regular session this Nineteenth day of October, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presidinq. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila WesterIAan and Cindy Wolpin. Also present were Clerk-Treasurer David Grov.~, City Attorney Dennis McLerran, Director of Planning and Building Michael Hildt, City Planner Dave Robison, Assistant Planner Darlene Bloomfield and Public Works Director Robert Wheeler. INTRODUCTION Public Works Director introduced Catherine McNabb, Public Works Assistant. PROCLAMATIONS Mayor Clise recognized Safeway, Inc, for their outstanding Hxample of how business can significantly contribute to the community through sensi ti ve design and genuine commitment to community values. Mayor Clise proclaimed October 23 Hazardous Waste Collection Days. and 24, 1992, as Household PUBLIC COMMENTS Bernie Arthur was recognized and discussed. the Shoreline Master Program as it relates to Union Wharf and stated that the:re are others in the community working to save the wharf. Mayor Clise reported that his is also working through Congressman Norm Dicks for potential sources of funding to prevent the wharf fro]} being torn down. A brief discussion of Union Wharf ensued durinq which Mr McLerran clarified that the dock is clearly dangerous and clearly signed. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. CONSENT AGENDA Councilmember Jones made a motion to approve the following i'tems on the Consent Agenda which was seconded by Councilmember Camfi,eld and passed unanimously by voice vote. Approval of the Minutes for August 17, 1992, as written ,l1ithout reading. Approval of the following Bills and Claims: Current Expense street Library Park Arterial Street Hotel/Motel Emergency Medical Services Capital Improvement Waste Water Treatment Plant Const 1992 City Dock Reconstruction F A U S Construction Project Community Development Grant Water-Sewer storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Setting Hearings: $ 89,544.72 356.29 4,843.57 5,253.30 21,812.71 10,292.00 82.82 5,731.00 490,659.98 33,024.59 1,791.95 1,982.70 24,002.38 566.53 6,646.44 213.60 $ 696,804.58 McCarron Variance Application set for November 16, 1992 Adoption of Resolutions: RESOLUTION NO 92-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO BID FOR EQUIPMENT PURCHASES FOR THE BIOSOLIDS/ COMPOSTING FACILITY SITE. RESOLUTION NO 92-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO BID THE FIRE PROTECTION SYSTEM FOR THE CITY DOCK. RESOLUTION NO 92-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE BIDDING OF NECESSARY SERVICES AND PRODUCTS FOR 1993. Communications: A note dated September 11, 1992, from Mildred Johnson pr01:esting her water bill was copied for Council and referred to the Water/ Sewer Committee. A letter dated September 28, 1992, from Janeen Hayden comnenting on the proposed City Environmentally Sensitive Areas Ordinance was copied for Council. A letter dated September 30, 1992, from Frank D'Amore, Co-Director, Port Townsend Marine Science Center, to Calmar A McCune in rE~sponse to his suggestion of making a reef out of the remains of Union Wharf was copied for Council. 91 92 MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 1992, Cont. A note dated October 4, 1992, from Hilary Lowrence on the utility rates was copied for Council and referred to the Water/Sewer Committee. A letter dated October 6,1992, from the Salal Cafe relating their problems with their dumpster and recycling area was copied for Council and referred to the Community Services Committee. A letter dated October 11,1992, from Calmar McCune including his proposal for the removal of Union Wharf was copied for Council and referred to the Parks/Property Committee. A letter dated October 12,1992, from Gary D Huff, of Karr, Tuttle, campbell Law Offices, commenting on the amendments to the Shoreline Management Master Program and determination of nonsignificance was copied for Council and referred to the Public Hearing. A letter dated October 12, 1992, from Gordon J Meling, President, Superior Refuse Removal Inc, explaining the problem with the Salal Cafe recycling was copied for Council and referred to the Community Services Committee. This concludes the Consent Agenda. PUBLIC HEARING Enarson/Kraxberger street Vacation and Director's Decision on Short Plat. Ms Bloomfield reviewed the material on Enarson Short Plat Application 9205-07 and Enarson/Kraxberger street Vacation Application 9205-07. Mayor Clise opened the hearing to the Public. Lisa Enarson was recognized and spoke in favor of the project. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. During a discussion of "site review", Councilmembers Jones and Westerman stated that they had driven by this project site. After further discussion, Councilmember McCulloch made a motion that the Council adopt the following findings, conclusions and conditions and approve Street Vacation Application No 9205-07 which was seconded by Councilmember Owsley and passed unanimously by voice vote. Findings: 1. The applicants proposed to vacate the full 60-foot width of the Hancock Street right-of-way from the southern boundary of 29th street to the Hastings Avenue right-of-way approximately 240 feet to the south. The applicants also propose to dedicate and alternative 40-foot wide route and provide a utilities easement. 2. The street vacation is proposed as part of a subdivision proposal made by the applicants. The subdivision, if granted, would divide an existing parcel to the west of Hancock Street into eight building sites (For additional information on the proposed. subdi vision please see Enarson Subdivision Application 9205-07.) 3. A residence, which is currently located within the Hancock Street right-of-way proposed to be vacated, has an existing, non-conforming front setback of approximately one foot from the Hastings Avenue right-of-way; a 20-foot side setback to the property line to the east (where the proposed utility easement would be located), a 65-foot side setback to the proposed new Hancock Street right-of-way to the west and 30- foot setback to the proposed rear property line. 4. The proposed street to be vacated is located on the border of the Hasting's Heights Addition which dedicated the western 25 feet of Hancock Street and Hasting's 3rd Addition which dedicated the eastern 35 feet. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. 5. The applicants propose to improve and realign Hancock street. The proposed improvements would provide access to the n,ew lots proposed in the Enarson Short Plat. 6. There are 6-inch water lines located in Hastings Avenue to the south, along the eastern edge of the subject portion of Hancock street (between the existing residence and Lot 6, Block 10 of the Hastings 3rd Addition to the east) and at the intersection of Hancock and 30th Streets. 7. An 8-inch sanitary sewerline is also located in the Hancock Street right-of-way proposed to be vacated. The line, running southeasterly, is located approximately 25 feet from the southeast corner of the intersection of 29th and Hancock Streets and terminates approximately 100 feet to the south. 8. The applicant proposes to provide a utility easement for the existing utilities in the area proposed to be vacated. 9. puget Power, US West and Port Townsend Cable have been notified of the proposed vacation. puget Power has ref;ponded that no services exist within the subject area. No comments were received from US West and Port Townsend Cable. 10. The applicants state in their application that the Hancock Street right-of-way is obstructed by a house, and t:he new Hancock Street right-of-way proposed to be dedicated will allow a much needed transportation and trail corridor between Hastings and the residential community to the north. Conclusions: 1. Under the conditions prescribed below, the proposed street vacation will improve future traffic circulation and will not impair future maintenance of utility lines. Therefore, it is in compliance with the goals and policies of the Comprehensive Plan. 2. The proposed street vacation, as conditioned, is not required for current or anticipated overall area circulation. 3. Under the conditions prescribed below, the effectiveness of fire, law enforcement, medical and other emergency sE~rvices will not be impaired by the proposed vacation. 4. Although the proposed portion of Hancock street proposed to be vacated is required as a current utility corridor, with the conditions prescribed below, maintenance of utility lines will not be impaired. 5. Under the conditions prescribed below, the portion of the street proposed to be vacated is not required as a current or anticipated bicycle, pedestrian or equestrian trail corridor. The portion of the street proposed to be vacated does not abut on a body of salt or fresh water. 6. 7. Because the proposed street vacation conforms wi th thE~ goals and policies contained in the Comprehensive Plan and sa1:isfies the review criteria for street vacations set forth in Section 12.20.060 of the Port Townsend Municipal Code, the Port Townsend City Council approves the above refE~renced application as conditioned: Conditions: 1. The applicant shall dedicated to the City that area of Hancock Street as illustrated in Exhibit I. 93 94 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. 2. A utilities easement 20 feet in width shall be retained along the eastern border of the southernmost 92 feet of subject Hancock Street (Along the eastern border of proposed Lot 7). In addition, a utilities easement shall be dedicated which includes that area of Hancock Street lying easterly of the following described line: Beginning at a point 30 feet westerly of the northwest corner of Lot 5, Block 10 of Hastings 3rd Addition, and extending in a southeasterly direction to a point 138 feet south (northern lot line of proposed Lot 7) located 20 feet west of the western property line of Lot 6, Block 10 of the Hasting's 3rd Addition. See Exhibit I. 3. A certified copy of the ordinance vacating the street and alleys shall be recorded by the City Clerk in the office of the Jefferson County Auditor upon receipt by the City Attorney of all dedications required. The street vacation shall be canceled and become automatically null and void one year after City Council action if said dedications are not made. After review of Short Pla't Application 9205-07, Lisa Enarson, Councilmember Camfield made a motion that the Council adopt the following findings, conclusions and conditions which was seconded by Councilmember Jones and passed unanimously by voice vote. Findings: 1. The applicant proposes a short subdivision of approximately 2.21 acres into eight lots pursuant to Chapter 18.38 of the Port Townsend Municipal Code (PTMC). The applicant has submitted a preliminary plat titled PRELIMINARY ENARSON SHORT PLAT dated July 24, 1992 (Exhibit I). 2. The subject property is in the R-1A zoning district and is described as Lot 1 of the Hastings Heights Addition to the City of Port Townsend along with portions of Hancock Street per Hastings 3rd Addition to the City of Port Townsend. The subject property is bounded by 30th Street to the north; the Peninsula Christian Fellowship facility and grounds to the west; Hastings Avenue to the south; and platted property to the east. 3. The applicant proposes eight lots as follows: a. Lot 1, .231 acres (10,065 square feet) b. Lot 2, .234 acres (10,200 square feet) c. Lot 3, .234 acres (10,200 square feet) d. Lot 4, .234 acres (10,200 square feet) e. Lot 5, .229 acres ( 9,975 square feet) f. Lot 6, .441 acres (19,200 square feet) g. Lot 7, .253 acres (11,010 square feet) h. Lot 8, .310 acres (13,500 square feet) 4. Proposed Lot 7 would incorporate an existing single family residence that is currently located in a portion of the unopened and undeveloped Hancock Street right-of-way, and a freestanding accessory building located westerly of the right- of-way. The existing residence has an existing, non- conforming front setback of approximately one foot from the Hastings Avenue right-of-way; a 20-foot side setback to the property line to the east (where the proposed utility easement will be located), a 65-foot side setback to the proposed new Hancock Street right-of-way to the west and 30-foot setback to I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 1992, Cont. the proposed rear property line. The existing outbuilding is proposed to have a rear yard setback of five feet and a side yard setback from proposed Hancock Street of more t:han 10 feet. 5. Proposed Lot 6 would incorporate an existing barn, which is currently an accessory building to the single-family residence. Barns are permitted uses in R-IA zoning dis1:ricts, although Section 17.16.030(E) of the Port Townsend Municipal Code provides for super-setback requirements: " . . . Barns shall be setback a minimum of 50 feet from side and rear property lines..." 6. The applicants have proposed to vacate the full 60-foo"t width of the Hancock street right-of-way from the southern boundary of 29th Street to the Hastings Avenue right--of-way approximately 240 feet to the south. The applicant$ also propose to dedicate an alternative 40-foot wide routE~ which would be located to the west of proposed lots 8 and 6 (SEE EXHIBIT I.) In addition, the applicant proposes to provide a utili ty easement for the existing utili ties in the area proposed to be vacated. (For additional information on the proposed street vacation please see Enarson Street Vacation Application 9205-07.) 7. The applicants propose to improve and realign Hancock street. The proposed improvements would provide access to proposed Lots 1-6 and 8. Lot 7 would continue to be accessød from Hastings Avenue. 8. A city water supply is required for each building tract within a short subdivision (PTMC 18.38.130 (c) (1». There are 6- inch water lines located in Hastings Avenue to the south, in Hancock Street from Hastings to 29th Street and at the intersection of Hancock and 30th streets. The applicant proposes to connect these water lines by installing a new 6- inch water line in the existing Hancock Street right~of-way from 29th to 30th streets. 9. sani tary sewer service for the proposed short subdivision would be accomplished through the existing line located in the Hancock street right-of-way. The line running southeasterly intersects the northern border of proposed Lot 8 approximately 25 feet from the northeast border of that lot and terminates approximately 100 feet to the south. 10. section 18.38.130 (D) of the Port Townsend Municipal Code states that "Fire protection devices in the form of fire hydrants shall be a requirement of any short subdivision, in accordance with city specification and the Uniform Fire Code." The Fire Department has recommended that a hydrant be installed at the intersection of 29th and Hancock streets. 11. The applicant has submitted an engineered drainage plan dated August, 1992, as prepared by Northwestern Territorie!s, Inc (Exhibi t IV). The plan proposes runoff generated from the proposed residential construction be controlled by a de1:ention pond on Lot 6, adjacent to Hastings Avenue. Stormwater would be directed to the pond through a drainage swale along the western border of the subject property and through a drainage di tch along the western side of proposed Hancock Stree"t. The proposal has been approved.þy City Engineer Randy Brackett. A letter was received from Charles and Caro¡ Barne~t of 3012 Hancock Street. The letter requested improvements in the current status of roads, as well as water, sewer and drainage services in the area prior to approval of any further development of the neighborhood. 12. 95 96 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. 13. The City council has issued a Mitigated Determination of Nonsignificance (MDNS), dated August 3,1992, after review of the environmental checklist submitted by the applicant pursuant to the Washington State Environmental Policy Act (Exhibit III). The applicant has agreed to comply with the mitigations suggested by the City Council, and has drafted Covenants, Conditions and Restrictions dated September 4, 1992, (Exhibit II) which reflect the mitigations. 14. The subject property is not in a flood-control zone; and is not within 200 feet of a body of water of statewide significance. Conclusions 1. 2. 3. The proposed short subdivision is in conformance with the goals and policies of the Port Townsend Comprehensive Plan. Proposed Lot 6 will not conform to the setback requirements unless the existing barn is removed, the lot design is re- configured, or a variance is granted. Under the conditions prescribed below, the proposed short subdivision meets the purposes, standards and criteria of Chapter 18.38 of the Port Townsend Municipal Code. Based on the foregoing findings of fact and conclusions, the Planning Director hereby recommends to the City Council the above- referenced preliminary plat be GRANTED AS CONDITIONED: 1. The following shall take place prior to final plat approval: a. The applicant shall construct and surface Hancock Street from 30th Street to Hastings Avenue (See Exhibit I). In constructing the proposed road, the applicants shall use two surface coatings of light bituminous surfacing top coarse. Notice shall be provided by the applicant to the Director of Public Works by certified mail at least 30 days prior to the proposed road surfacing date. The City shall have the option during this 30-day notice period to inform the applicant that an alternative paving material is required by the City, the applicants shall be required to provide a proportionate share contribution for the proposed surfacing not to exceed an amount equal to the cost of providing two surface coatings of light bituminous surfacing top coarse for the subject road. If the City chooses to require an alternative material, the City shall surface the roadway within 45 days of notifying the applicant of that requirement. A graveled pedestrian walkway shall he constructed on Hancock Street between 30th Street and Hastings Avenue. b. A fire hydrant, water and sewer lines shall be installed as indicated on the preliminary plat. c. The applicant must receive approval from the City Council for the vacation of the subject portion of Hancock Street including an easement along the eastern property lines of proposed Lots 8 and 7. d. The existing barn located on proposed Lot 6 shall be removed or a setback variance granted prior to final plan approval. e. The existing outbuilding on proposed Lot 7 shall maintain a minimum side yard setback of 10 feet from the proposed Hancock Street right-of-way and a rear yard setback of five feet; or be removed or a variance obtained. I I I I I I 2. 3. MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 1992, Cont. f. A final short plat shall be prepared pursuant to all of the applicable requirements of Chapter 18.38 of the Port Townsend Municipal Code and shall be submitted to the Director of Planning and Building, after all required improvements are made, and within three years of the date of preliminary plat approval. The final short plat and Declaration of Covenants, Conditions, and Restrictions shall be recorded with the Jefferson County Auditor's Office. The following shall take place during construction within the proposed plat: a. Temporary erosion and sedimentation control mE~asures during construction and excavation shall be reviet.¡ed and approved by the Public Works Director. b. Construction areas shall be watered to suppress dust. chemical dust suppressants should be used. No c. All improvements constructed on the property 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. d. Building permit applicants shall list the following condi tion on the face of the construction drawings submitted to the City for building permit approval: "Construction shall be limited to between the hours of 7 AM and 6 PM Monday through Friday and prohibited on weekends. This conditions shall be prominently displayed at or near the entrance to the site in view of contractors and the public." e. Work shall be stopped if any archeological resources are discovered and the State Historic Preservation Officer shall be contacted immediately. 4. The following conditions shall also be included in Declaration of Covenants, Conditions, and Restrictions: the a. The large scale use of chemical pesticides and herbicides shall be prohibited. b. Significant trees that have not been identified as posing a hazard shall be tagged to indicate that they will not be cut except those located directly in a utility path or on a proposed building pad. c. Outdoor lighting fixtures shall shield and direct light or glare downward and away from adjoining proper1:ies. UNFINISHED BUSINESS Final Review of Comprehensive Public Access Plan. Ms Bloomfield reviewed each of the changes made in the Comprehensive Public Access Plan. A discussion by the Councilmembers ensued. 97 98 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. RESOLUTION NO 92-104 A RESOLUTION ADOPTING PHASE II OF THE COMPREHENSIVE PUBLIC ACCESS PLAN WHICH PROVIDES A STREET END ACCESS IMPROVEMENT PROGRAM, DESIGN GUIDELINES, AND IMPLEMENTATION INCENTIVES FOR PUBLIC ACCESS ESTABLISHED WITHIN THE SHORELINE MANAGEMENT MASTER PROGRAM'S PORT TOWNSEND URBAN WATERFRONT SPECIAL DISTRICT. Councilmember Camfield made a motion that the Council approve the Comprehensive Public Access Plan and adopt Resolution No 92-104 which was seconded by Councilmember Westerman which passed by voice vote with councilmembers Camfield, McCulloch, Owsley, Westerman and Wolpin voting in the affirmative and Councilmembers Jones and Sokol voting against the motion. Mr Hildt noted appreciation for work done on the plan by the Public Access Committee, Councilmember camfield, the Shoreline Commission and Ms Bloomfield. PUBLIC HEARINGS Sign Code Amendment. Mr Hildt reviewed the background for the sign code amendment along with a unanimous recommendation from the Planning Commission in its favor. Mayor Clise opened the hearing to the Public. There being no testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. ORDINANCE NO 2318 AN ORDINANCE RELATING TO ZONING AND SIGNS; AMENDING ORDINANCE 2249 AND SECTION 17.50.180 OF THE PORT TOWNSEND MUNICIPAL CODE; EXTENDING THE PERIOD FOR COMPLIANCE OF NONCONFORMING SIGNS WITH ORDINANCE 2249 AND CHAPTER 17.50 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. After a brief discussion, Mr Grove read the ordinance by title. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Sokol and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2318 which was seconded by Councilmember Sokol and passed unanimously by roll call vote. Environmentally Sensi ti ve Areas Ordinance. Extended Hearing. Mayor Clise clarified that this hearing is just on changes requested and not for general testimony on the whole ordinance. Mr Robison reviewed each of the changes requested since September 28, 1992, some of which were discussed by Council. Mr Hildt explained the estimated costs and recommended fees for the ordinance. Mayor Clise opened the hearing to the Public. Bob Rickard was recognized and made suggestions for changes to certain areas of the ordinance. Kathryn Jenks was recognized and commented on several areas of the ordinance and stated that she feels that there should a low fee to appeal a determination saying that she already helps to pay the salaries and would rather not do it twice. Bernie Arthur was recognized and spoke in favor of an expert to make the decision on environmentally sensitive areas, and that the costs should be fairly low and stated that this ordinance is complicated. Janeen Hayden was recognized and stated her concerns about the words "should" and "may" in mitigating natural wetland systems and concerns regarding "species of local significance". There being no further testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. RECESS Mayor Clise declared a recess at 9:40 PM. at 9:44 PM. The meeting reconvened A lengthy discussion of the language in the ordinance and proposed fees to be charged ensued during which a vote was taken by a show of hands for the use of "should" instead of "may" in 2.e. on page 40. The vote was 5 to 2 for "should" with Councilmembers Camfield, Jones, McCulloch, Westerman and Wolpin voting for "should" and Councilmembers Owsley and Sokol voting for "may". The show of hand vote for "$25.00" for an appeal of a determination was 4 v01:es for and 3 votes for a higher amount. Further discussion of procedure ensued. ORDINANCE NO 2319 AN ORDINANCE CREATING A NEW CHAPTER 19.05 OF THE PORT TOWNSEND MUNICIPAL CODE CREATING REGULATIONS FOR DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS PURSUANT TO THE REQUIREMENTS OF THE STATE GROWTH MANAGEMENT ACT AND AMENDING CHAPTER 3.36 OF THE PORT TOWNSEND MUNICIPAL CODE TO ASSESS FEES FOR PERMIT APPLICATIONS UNDER NEW CHAPTER 19.05. Mr Grove read the ordinance by title. Councilmember Westerman made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Wolpin and passed by voice vote with Councilmembers Camfield, McCulloch, Owsley, Sokol, Westerman, and Wolpin voting in the affirmative and Counci lmember Jones voting against the motion. Mr Grove again read the ordinance by title. Councilmember Wolpin made a motion that the Council adopt Ordinance No 2319 which was seconded by Councilmember McCulloch. Mr Hildt stated that the effective date should be November 16, 1992, which was agreed to by Council. The motion passed by roll call vote with Councilmembers Camfield, McCulloch, Owsley, Sokol, Westerman and Wolpin voting in the affirmative and Councilmember Jones voting against the motion. UNFINISHED BUSINESS out of state Travel. Counci1member Westerman made a motion that the Council approve out-of-state travel for John Clise, Bob Sokol, David Grove, Jim Newton, Howard Scott, Michael Hildt and Randy Brackett to attend Federal Emergency Management Training in Emmettsberg, Maryland, which was seconded by Councilmember Camfield and passed unanimously by voice vote. Resolution on Staff Support for Tourism Coordinating Council. RESOLUTION NO 92-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND THE ECONOMIC DEVELOPMENT COUNCIL OF JEFFERSON COUNTY (EDC) REGARDING STAFF SUPPORT OF THE TOURISM COORDINATING COUNCIL FUNDED THROUGH PROCEEDS OF THE HOTEL/MOTEL TAX. Mr McLerran explained the resolution. Councilmember Westerman made a motion that the council adopt Resolution No 92-107 which was seconded by Councilmember Owsley and passed unanimously by voice vote. 99 100 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. COMMITTEE REPORTS/STAFF REPORTS 1993 Budget Hearings. Mr Grove confirmed that there will be two hearings for the 1993 Budget as requested at the Council Retreat. Councilmember Jones made a motion to formally set the Hearings for November 23, and 30, 1992 at 7: 00 PM, which was seconded by Councilmember Sokol and passed unanimously by voice vote. Announcements. Mr Wheeler announced that he will be speaking at the Port Hadlock Chamber of Commerce October 21,1992, about water and that there will be a Public Meeting on November 4,1992, on the Gateway Park. Setting of Meeting. Councilmember Wolpin announced a meeting of the Legislative/Environmental Committee for October 27, 1992 at 5:00 PM to discuss the North Sound Bank and the construction of four homes by the TIR Corporation. NEW BUSINESS Resolution on Residential Anti-Displacement & Relocation Assistance Plan. RESOLUTION NO 92-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ADOPTING AN AMENDED RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION PLAN. Mr McLerran explained the Resolution. Councilmember Sokol made a motion that the Council adopt Resolution No 92-106 which was seconded by Councilmember Westerman and passed unanimously by voice vote. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate including Dennis McLerran, and Robert Wheeler at 11: 30 PM. The meeting was reconvened at 11: 43 PM. RECESS There being no further business, at 11:43 PM, Mayor Clise declared the meeting recessed until October 28, 1992 at 7:00 PM. MINUTES OF THE CONTINUED SESSION OF OCTOBER 19, 1992 The City Council of the City of Port Townsend met in continued session this Twenty-eighth day of Octoher, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor Pro-Tem Jean Camfield presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Sheila Westerman and Cindy Wolpin. Mayor John Clise and Councilmember Robert Sokol were excused. Also present were Deputy City Treasurer Vera Franz, City Attorney Dennis McLerran, City Planner Dave Robison and Public Works Director Robèrt Wheeler. CONTINUED PUBLIC HEARING Mayor Pro-Tem Camfield explained that this is a continued Public Hearing on the proposed Amendments to the Jefferson County/Port I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 1992, Coni:. Townsend Shorel ine Management Master Program. The Publ ic Comments were accepted at a special meeting on October 26, 1992, and this meeting is for Council deliberation and additional information only. Mayor Pro-Tem Camfield listed communications from the following: Gary Huff dated 10-12-92 Lowell Bogart dated 10-28-92 Craig Jones and Associates dated 10-27-92 Bumgarner Associates dated 10-28-92 Recommended Alternative Haul-out Facility -Port of Port Townsend copied to Council 10-28-92 6. Tourism in Port Townsend Survey Results dated 2-6-92 copied for this meeting 7. Survey of Economic Impacts of the Marine Trades Industry in Jefferson County dated 6-90 copied for this meeting 8. Memorandum to Dave Robison from Dennis McLerran dated 3-9-92 copied for this meeting 9. City of Port Townsend/Jefferson County Shoreline Advisory Board dated 1-21-92 copied for this meeting 10. Port District Management Plan dated 1-91 copied for this meeting 11. Donald Bales, Department of Ecology, to Dave Robison dated 12- 31-91 copied for this meeting 12. Doris Thurston dated 10-26-92 13. Sylvia Thomas dated 10-28-92 14. Preliminary Minutes of the meeting on 10-26-92 15. Minutes of the Legislative/Environmental Committee Meeting of 9-28-92 16. Addendum #3, Master Program provisions for Mixed Use Project 17. State Environmental Policy Act Addendum for Draft #3 1. 2. 3. 4. 5. The Councilmembers took time to review all of this material. Mr Robison briefly discussed the letter from the Departmlent of Ecology (exhibi t #11) indicating the interpretation that residential development would be a conditional use undE~r the existing Shoreline Master Program which is one of the prime reasons for the proposed amendment, the letter from the Shoreline Advisory Board (exhibit #9) requesting the Council to prepare the proposed amendments, the memorandum from the City Attorney to Mr Robison (exhibit #8) concurring with the Department of Ecology's opinion, the Survey of the Economic Impacts of the Marine Trades Indm;try in Jefferson County (exhibit #7) which relates to finding #5 in the Proposed Amendments and the Tourism in Port Townsend, Issues Facing Our Community (exhibit #6) which was used in the development of finding #6 in the Proposed Amendments. Mr Robison suggested a new finding based on the Recommended Alternative Haul-out Facility for the Port of Port Townsend ( exhibit #5) which would place this whole report as exhibit #18 as exhibit #5 is the Executive Summary of this report. The suggested new finding: The 1992 report prepared for the Port of Port Townsend evaluates the feasibility of increasing the capacity of marine haul-out facilities at the Boat Haven Port property. Enhanced haul-out facilities will allow existing and new marine trade businesses to service a class of vessels that will constitute new clients which could allow the Port firms to service over 96% of the commercial and recreational fleet based on the west coast. The report states that "this activity will create between 79 and 97 new jobs. Marine trades employment is especially important to the community as it has one of the highest average annual wages per employee of all economic sectors." The 1991 Port District Management Plan (exhibit #10) includes a table showing the employment levels as of Winter 1991 totaling 472 people. Addendum #3, Master Program provisions for Mixed Use Projects (exhibit #16) comes from the Department of Ecology's Shoreline Master Program Guidebook which includes recommendations and suggestions for preparing amendments to shoreline master programs which was used as a basis for many of the amendments under consideration tonight. 101 102 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. Mr Robison discussed State Environmental Policy Act (SEPA) Addendum for Draft #3 (exhibit #17) in greater detail which adds information and analysis to the existing SEPA documents and the difference in Draft #1 and Draft #3 of the Proposed Amendments to the Jefferson County -Port Townsend Shoreline Management Master Program. In summary of the SEPA amendment, Mr Robison stated that under natural environment, overall, the changes in the proposed action would not have any probable significant impacts to the natural environment that have not been considered in the previous EIS or SEPA documents. Under the built environment and all the elements under the built environment from housing, land use and esthetics, the proposed amendments would not have a major effect on those land uses in the Port Townsend Urban Waterfront District. The revisions to the proposal made as a result of the public input at the Public Hearings and meetings do not have the potential to create significant adverse environmental impacts. The environmental analysis contained in the Urban Waterfront Environmental Impact Statement and in the SEPA documents and the DNS for the current proposal as supplemented by the information in this addendum adequately addresses the potential environmental effects of the proposal as now constituted. Mr Robison stated that the city Attorney has suggested that Council adopt the SEPA Addendum as an addendum to the Previous Environmental Review that Council made on October 6, 1992, before adjournment of this meeting. Mr Robison suggested an additional finding to Draft #3 for consideration. The suggested finding: The Port Townsend School District has recently received a $400,000 Federal Grant to fund a magnet training center. The purpose of the center is to integrate schools in the business community in a partnership in vocational training. A primary target of the center is to provide vocational training for high school students interested in working in the marine trades. The center will also provide classes in additional training for marine trades employees. . Mr Robison explained that the Point Hudson District boundary line on Draft Appendix D looks as if the boundary is drawn down the center of Jackson Street. Due to the possible vacation of that portion of Jackson Street, the boundary line is shifted to the east side of Jackson Street to Water Street if it has been vacated. This would be an amendment to the map. Mr McLerran explained that the Council should indicate that the boundary line be shifted to the east boundary of the Thomas oil Property ownership as the owner believes the ownership extends. Mr McLerran explained that there are several letters from attorneys in the exhibits presented tonight with issues that he should address: Mr McLerran addressed the issue of Public Notice for the Hearings stating that the notice and the number of public hearings done by the City are in excess of the minimum required under the statute which requires a public hearing. The Shoreline Commission held a public hearing that was attended by all the Councilmembers, which was properly noticed for three consecutive weeks before the hearing. The Joint Hearing with the Council and County Commissioners on October 26, 1992, was in addition to what is required under the statute and the WAC regulations. The fact that notice occurred for five consecutive weeks but not a sixth consecutive week immediately proceeding that hearing does not make this process defective because we have gone beyond the statutory requirement of having a single public hearing with notice for three consecutive weeks. Mr McLerran has verified that his reading of the statute is correct with Tom Mark, Shorelands Division of the Department of Ecology. Mr McLerran addressed an issue suggesting that three members of the Council (McCulloch, Owsley and Westerman) should not participate in the proceedings due to appearance of fairness and conflict of I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 1992, Coni:. interest issues. First, this is not a quasi-judicial matter but a legislative matter as it is a master program amendment that deals with the entire urban waterfront. Conflict of interest arises where there is an actual monetary interest that is involved in a specific proceeding which would impact the ability of a Col.lncil- member to render judgement in a way that was not prejudicial Dr not impacted by a specific monetary interest. He stated that these are broad master program amendments and are not situations where there would be a legal conflict of interest sufficient to rlequire disqualification. Mr McLerran advised that these Councilmlembers can participate, the interests are not so significant thai: they would rise to a legal conflict of interest, but each would have to make their own decision in that regard. Mr McLerran addressed an issue of pre-judgement brought up:by the letter from Mr Huff stating that he is not aware of any stat.ements regarding pre-judgement that were made at the Shoreline Commission Hearing and reminded everyone that this is a legislative proceeding and that it is appropriate for Councilmembers to be able to take posi tions with respect to legislation and have a dialoguE:! with members of the public in which opinions are expressed afber the close of testimony. Councilmember Westerman stated her concern that the letter from Lowell Bogart (exhibit #2) is confusing as she understood that the Point Hudson Advisory Committee embraced the long-term goals of the amendments and did not interfere with their goals. Bob Rickard, Point Hudson Advisory Committee, was recognized and clarified that Mr Bogart had called him and stated that he was going to write the letter, asked a couple of things, but did not indicate that he would be writing a letter on behalf of the Advisory CommittE!e. Mr Rickard stated that he feels that the function of the Advisory Committee is not compromised by this amendment. There was never a meeting of the Committee in which there was a discussion of this for Mr Bogart to write the letter on its behalf. Alex Spear, Point Hudson Advisory Committee, was recognized and stated that he does not feel that the letter expresses the majority of the con~ittee and that he was not contacted by Mr Bogart. Mr Spear also stated that he personally supports the amendment as it relates to Point Hudson. Patricia Warren, Point Hudson Advisory Commi tte,e, was recognized and stated that Mr Bogart called her and indicatE!d that he had been asked by other members of the committee to request that the Point Hudson District be deleted and that she told him that she did not agree with that and explained why. She then told Mr Bogart that is her opinion that, at the very most, if any stateme!nt was made, that it should be to request that the Council only affirm its support of the Point Hudson planning process. She then callE~d four other members of the Committee and found no one else who had received a call from Mr Bogart. This is not a statement on behalf of the Committee. Nadine Jonientz, Point Hudson Advisory Committee, Marine Trades representative, was recognized and stated that she had spoken with Mr Bogart and has concerns with t:he job the committee has done. Councilmember Westerman stated that the Council and Shoreline Advisory Commission support the Point Hudson Advisory Committee, their work is important and it is a long-term visioning process and that they feel that these amendments support that process and not interfere with it. Councilmember McCulloch commented that she also supports the Committee and that thE~re are many decision to be made about the future of Point Hudson and that this is one component of the process - the doors are always open to reconsider altering any existing policies. Councilmember Owsley commented that she can see where the committßß has concerns, the lettershou.ld n.9:t þe taken lightly andean understand where some peoPle, m, ,ay fe~el""that thiS, is 1:linde,r, in,g' th, e,ir"job "and, "t"hat i:h~' s ís,' , ~ihd~fe t~~t~Ni Þ,n t flH,r P~ft. ~~, erta ~ci ~» t' +J~ 4. If,' " P have statement #2 ln ~r Bogad::Js letter ~ö II '~åtbAÞu~rtt:i~t á~ 103 104 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. once the Point Hudson Advisory Committee has completed its work and the report is submitted at that time a review of any conflicts with the Shoreline policies will be undertaken and resolved" be considered this evening. Mr McLerran responded that the Council can, in a public statement, ratify that the Point Hudson Steering Committee continue with its activities and the Council continue its support of those activities and that the Council can look at any conflicts and decide whether more Master Program Amendments are needed at that time. Councilmember Wolpin corrected the minutes of the Legislative/ Environmental Committee meeting of September 28, 1992, (exhibit #15) second page, item 9 - Housing stating that there was further discussion on the fact that since they were proposing that residential development in the Historic/Commercial District be primary which was not allowed according to the current interpretation of the Shoreline Plan that that could potentially increase housing in that area even though there may be a decrease in housing in the outlying areas - it did not seem reasonable that they could make a judgement whether or not the housing stock would be increased or decreased. Councilmembers Camfield and Jones agreed to the addition as this was the discussion. Councilmember Wolpin referred to the Preliminary Minutes of the meeting on 10-26-92 (exhibit #14), page 5 stating that she believes that the "footnote #5 should also be added to the c*** in the PTUW column, Residential Development row" was pointed out by staff and not herself. Councilmember Wolpin clarified the Determination of Nonsignificance on this amendment issued by Council by stating that the determination was made by adopting, by reference the entire Environmental Impact Statement (EIS) that was done on the Urban Waterfront Plan. She read from the SEPA threshold determination dated September 28, 1992, page 3, and also stated that the following sentence is very often not read "Potential impacts will be addressed on a case by case basis". The decision was made based on the fact that they believed and supported the belief that, overall, the adverse environmental impacts would not he significant for these amendments and that, for major development projects, they know that since this is programmatic and non-project that they would be seeing on a project specific basis any proposals through SEPA or through Conditional Use Shoreline determinations. Council- member Westerman added that she reviewed the process for the Urban Waterfront Plan and found that it was very reassuring that these things had been addressed and pointed out that the changes being proposed by the Shoreline Commission focus the activities that are most likely to generate environmental impacts into the areas where they are already occurring. Councilmember McCulloch stated that she has reviewed the Environmental Checklist, the staff recommendations, the Council recommendation and the Environmental Impact Statement from the Urban Waterfront and does concur with the DNS that was issued and also feels that the EIS was a very thorough analysis of the issues and impacts that we are facing now. Councilmember Wolpin made a motion that the Council adopt the addendum to the SEPA determination that has been prepared which was seconded by Councilmember Westerman and passed by unanimously by voice vote. The Council then reviewed Draft 3 of the Proposed Shoreline Amendments page by page. The following are to be adopted: Page 1, finding 1, the word "providing" should be removed. Page 2, paragraphs 5 and 7 as changed by the Shoreline Commission. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19, 1992, Coni::. Page 3, paragraph 8 as changed by the Shoreline Commission and paragraph 10 as added. Paragraph 11 as changed. Paragraph 12 as added with "Department's" changed to "Department". Councilmember Westerman suggested that the finding regarding the Port Townsend School District Magnet Center be inserted as Finding #6 and the finding about the heavy haul-out facility be inserted as Finding #7 and then renumber the rest of the paragraphs which will make old #12 be #14. It was the consensus of the Council that this be done. Page 4, no changes. Page 5, as changed with a and b reversed as well as a comma under "water-oriented uses" above the General Policies deleted. Page 6, paragraph 3, change from "shall" to "should" and the addition of paragraphs 6 and 7. Councilmember Owsley asked if this is the place for the addition proposed by Mr Bogart. Mr McLerran responded that that would not be a part of the Master Program but a statement of intention of the Council to be adopted separately. An addition of a policy statement for protection of the tidal flats north of Point Hudson was discussed but was not included because it had not been addressed. It was the consensus of the Council that this should go into a subsequent shoreline amendment. Mr McLerran clarified that this document does adopt the Port Townsend Urban Waterfront Plan by reference which does have policy statement:s that are consistent with this. Page 7, paragraph 1, change "these" to "those", and deletion of the sentence in parenthesis below 1. Page 8, paragraphs 6 and 7, change "provide" to "to be limi tE!d to". After a lengthy discussion of the deletion paragraph 5, and of Union Wharf, it was the consensus of the Council to kel3p the paragraph with the deletion of "and non-water oriented" in the second sentence and the renumbering of the following paragraphs. Mr Robison suggested that since this paragraph is to remain, the last word in finding 4 on page 2 should be changed from "reconsidered" to "revised" which was also the consensus of the Council. Page 9, old paragraph 8, new paragraph 9 as changed by the Shoreline .commission with the deletion of the sentence in parenthesis. Exceptions to #5 above to the changed to #9 above as change!d with "water-related" changed to "water-oriented" in ii. Page 10, iii., to be deleted with corrections to the numbering of the rest and the first sentence. In present iv. deleted and "S(c)" changed to "9 (b) " . In present v., a change to "water-orientE~d" and the addition of "of the total floor area of the existing structure as it exists at the time of adoption of this provision." after (20%). Old 9, new 10a,b,c; changes concurred with. On pages 10 and 11, old 10, new 11a,b,c; changes concurred with. Page 12, no changes. Page 13, The table was discussed. A footnote 5 was added "Except in the Boat Haven Marina District where water enjoyment uses are 105 106 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. not permitted." A footnote 6 was added "Except in the Boat Haven Marina District and Point Hudson Marina Districts where residential development is prohibited." Page 14, changes concurred with. Appendix D. District boundary changes to be done by description, not by what the map lines look like and will be done by staff. Councilmember Westerman clarified that the Shoreline Commission came up with this proposal and that the arguments for doing this were that the Thomas oil property geographically is much more closely linked with the Civic District than it is with the Point Hudson District and that it makes more sense in terms of existing uses. Mr Robison explained that Appendix D will show all eight of the districts with the amended boundary of the Point Hudson and civic Districts. Councilmember McCulloch corrected the public perception that this has been a "railroad job" by giving the history of this from December 1991, when Council received a letter from the Department of Ecology which was ruling on the inconsistency in the Shoreline Master Program. Councilmember Wolpin added that one of the public purpose reasons to look at restricting residential and transient accommodations outside of the Historic Commercial District was to help create incentive for redevelopment of existing Historic structures in the Downtown and encourage residential development downtown. She feels that this resulting ordinance is an enormous compromise over some of the intent in terms of broadening what is allowed over what was originally considered so that most of the shorelines, with the exception of the two Marina Districts, are allowed to have generous residential and transient use. Councilmember Westerman clarified that historic commercial retail uses do not change as the result of this ordinance. She stated that this is part of an ongoing process and that she sees these amendments as a short-term fix for protecting the entire shoreline and preserving the character of the City while the City's growth management planning acti vi ties, the Point Hudson Advisory Committee Planning Process and other Port plans are being conducted. councilmember McCulloch summarized her perspective of this revision stating that she feels it is important to look at the Urban Waterfront District as a whole and to consider the cumulati ve effects of whatever we do and whatever happens within the district and it is important to take a long range view - nothing is permanent, these laws can be changed. She would hate to see the shoreline blocked from any future potential for a use of a marine trade that may not be as strong now but may be in the future. The balance of mixed use developments: increased water dependent activities, civic revitalization and public access are what we are looking for. She feels that the Department of Ecology probably would have gone for a total prohibition of residential in the Urban Waterfront District and pointed out that Council did not chose to do so. Councilmember Wolpin stated that Council owes a vote of appreciation to the Shorelines Commission that worked really hard on this and made a wonderful effort to accommodate public testimony and make changes even though it was not necessarily in some of their interests to see some of the changes. I I I I I I MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. ORDINANCE NO 2320 AN ORDINANCE PERTAINING TO SHORELINE MANAGEMENT, AMENDING THE JEFFERSON-PORT ~OWNSEND SHORELINE MANAGEMENT MASTER PROGRAM AND PROVIDING AN EFFECTIVE DATE THEREFOR. Mayor Pro-Tem Camfield read the ordinance by title. Councilmember Westerman 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 vot.e. Mayor Pro-Tem asked for new information from the public before a final vote is taken. Bob Rickard was recognized and pointed out conflicting wording on pages 8, 10 and 11 relating to water-dependent and water-related as primary uses, water-oriented as a conditional use. A addition was made on page 11, c., "except as described in Performance St:andard 6 (a-i) above." Councilmember Owsley made a motion tha't this amendment be made part of the above ordinance which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Patricia Warren was recognized and stated she feels there is an inconsistency regarding the Point Hudson Study stating that she feels changing the district boundary is harmful to their work. Karen Erickson was recognized and questioned if boat building and boat repair will not be allowed in CII and CIII zones. Mr :Robison clarified that boat building is not allowed in CII and CIII in the present zoning code but is allowed in both the Point Hudson and Boat Haven districts. It would take a zoning amendment to allow boat building along the waterfront. There are plans to change the whole Zoning Code and the Comprehensive Plan in the next two years and this will be an issue that will be raised. Ted Shoulberg was recognized and stated that Public Access and Public Space can be interior space as well, and requested some kind of incentive for a developers that interior space (arcade, ~'alkway on the water side, etc) could also be used as public space be considered. councilmember Westerman requested Mr Robison to read and discuss the following, which he did: "In redevelopment projects or in additions of more than 20% of the total floor area of an existing building, the 50% requiremEmt for providing water-oriented uses may be substituted for Public Access improvements or viewing corridors or public arcades that arH above and beyond those required under the Conditional Use requirement on a 1:1 replacement ratio for the 50% requirement." Mr McLerran stated his concerns about how this would be administered, what sort of design guidelines or guidance i8 there and other considerations. A discussion of this concept ensuled. It was the consensus of the Council that this is something thai: needs to be put on a list to be looked at a future date. Mr Shoulberg questioned if this could be done as a PUD concept instead of an amendment. Mr McLerran responded that this would be too major a project to work on at this time in the meeting.. Gary Jonientz was recognized and stated that by changing the boundary line around the Point Hudson District, one piece of pri vate property has been made Port property. He is speaJdng of the Fleet Marine Property and now feels that the block has dropped in value drastically and that the owners should be compensated. 107 108 MINUTES OF THE REGULAR SESSION OF OCTOBER 19,1992, Cont. Mr McLerran stated that the existing use of the Fleet Marine property is consistent with the Master Program Changes, therefore it does not affect the existing use of the property. What might change is the possible future uses of the property in terms of residential development or some other uses. The effect of the change does effect the permitted uses but does not change the existing use. Alex Spear was recognized and stated that he feels that, geographically speaking, the Thomas Oil property related more closely to the Point Hudson District because of the di vision created by the wharf and its relationship to the entrance to Point Hudson Marina. Councilmember Westerman stated that she feels that the Shorelines Commission's recommendation is a legitimate approach. The decision was based on existing uses and geographic compatibility which she feels were both valid concerns. Linda Clifton, Shorelines Commission, was recognized and stated that the thing she remembers most clearly is that Point Hudson has a unity of itself and the planning process involved there; and that this gives the Thomas oil property a few more options. The whole point of having all the separate districts was to try to address the diversity that we have. It is difficult to suit everybody, but feels that the final redistricting more clearly delineates Point Hudson as a "boaty" place and the Thomas Oil property more continuity with the town. Mr Jonientz restated that he feels there is a legal problem with the Fleet Marine property saying that in ten years, the Port could cut their access to the water and the property would become worthless. Councilmember Westerman made a motion that the Council adopt Ordinance No 2323 as amended which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. PUBLIC STATEMENT Councilmember Owsley made a motion that the following statement of support be made by Council which was seconded by Councilmember Jones and passed unanimously by voice vote: Once the Point Hudson Advisory Committee has completed it's work and a report is submitted, at that time, a review of any conflict with Shoreline Policies will be undertaken and resolved. ADJOURNMENT There being no further business, Co ilmember Westerman made a motion that the meeting be adjourne whi h was seconded and passed unanimously by voice vote at 10:26 PM. Attest: ... t 4à~/ I I I