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HomeMy WebLinkAbout04/05/1993 212 MINUTES OF THE REGULAR SESSION OF MARCH 15, 1993, Cont. Mr McLerran and Mr Wheeler explained the resolution. Councilmember Owsley made a motion that the Council adopt Resolution No 93-24 which was seconded by Councilmember Camfield and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Recreation Areas. A brief discussion of new recreation areas in the Levinski property and the Water Filtration Plant site E~nsued. Executive Summary: Jefferson County Solid Waste Managemen1: Plan. A discussion of the elimination of a recycling position in the Plan and the rates proposed ensued. It was the consensus of the Council to send a letter to the Jefferson County Commissioners in support of recycling to reduce the waste stream. Tort Reform. After a brief discussion of a newsletter from the Liability Reform Coalition on their concerns about tort reform, it was the consensus of the Council that the Mayor send a letter opposing the removal of tort reforms. Open Commercial Burning. It was confirmed that the PolicE~/Fire/ Animal Control Committee will be discussing open commercial burning concerns in the letter from Larry Rice with the Fire Chief.. A brief discussion of the composting facility ensued. victoria Liquid Waste Management. A brief discussion of the material sent from Gord Horth, Deputy Director of Administration, City of Victoria, ensued. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss real estate negotiations including Dennis McLerran, Michael Hildt and Robert Wheeler at 9: 58 PM. The meeting was reconvened ai: 11: 30 PM. ADJOURNMENT There being no further adjourned at 11:30 PM. . Clise declared the meeting Attest: 4d~ MINUTES OF THE REGULAR SESSION OF APRIL 5, 1993 The City Counci I of the City of Port Townsend met in regular session this Fifth day of April, 1993, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Sheila Westerman and Cindy Wolpin. Councilmembers Norma Owsley and Robert Sokol were excused. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Fire Chief Howard Scott, Director of Planning and Building Michael Hildt and Public Works Director Robert WhE!eler. I I I I I I MINUTES OF THE REGULAR SESSION OF APRIL 5, 1993, Cont. STAFF INTRODUCTION Bob LaCroix introduced Ian Jablonski, Assistant Water Quality/Water Treatment Operator. Mr Wheeler read a letter from the Department of Ecology approving our Watershed Protection Plan which Mr Jablonski will be implementing. PRIORITY ITEMS puget Power re: vegetation Management. Mr Wheeler explained the process of this concurrence agreement. Byron swigart, puget Power, was recognized and stated his belief that the process will have long term benefits for accomplishing safe and reliable power as well as for the City and the citizens of Port Townsend. Council- member Wolpin reported on the Environmental Checklist as discussed with the Legislative/Environmental Committee and made a motion for approval of a Determination of Non-Significance which was søconded by Councilmember Camfield and passed unanimously by voice vote. RESOLUTION NO 93-25 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LETTER AND CONCURRENCE AGREEMENT WITH PUGET SOUND POWER & LIGHT ALLOWING PUGET TO IMPLEMENT ITS LINE CLEARANCE PROGRAM. Councilmember McCulloch made a motion that the Council adopt Resolution No 93-25 which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Legislati ve/Environmental. Councilmember Wolpin made a short report on the Marzan state Environmental Policy Act review stating that there will be another Committee meeting on April 12,1993, at 5:00 PM at which time neighbors and interested parties can attend for the discussion and that additional information is in the Planning and Building Department Lobby. PUBLIC COMMENTS Kathryn Jenks, Tree and Brushing Committee, was recogni2:ed and commented on the draft Environmental Impact Statement of thc3 State Department of Transportation and requested authorization for the Committee to make comments on herbicide usage on State Route 20, which are due on April 19, 1993. After a brief discussion, it was the consensus of the Council that a draft letter could be prE~sented to the Parks/Property Committee meeting for approval from the City. Donn Trethewey, Port Townsend Art Commission Co-Chair, was recognized and spoke about the proposed Denzel Carousel positioning in front of the Pope Park Building and requested another location in the Park. David Hero, President, Port Townsend Main Street Project, was recognized and reported that they are in the process of putting together a comprehensive program to maximize the public use of downtown parking and requested that the parking fine ordinance be delayed until Councilmember Owsley can be present and that i.t might work better to put together a whole package rather than om~ piece at a time. In answer to a question from Mayor Clise, r-Ir Hero stated that they are hoping to have their program together by the end of May. Mimi Call, a concerned neighbor to the Marzan development, was recognized and stated her concern for possible bluff erosion. Councilmember wolpin confirmed that there are letters of rleport 213 214 MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. that will be available to her and that there will be open discussion at the Legislative/Environmental Committee meeting. Richard Call was recognized and stated his concerns for the inter- section of S and Oak streets under the proposed development of the area and requested that the City improve the turnaround that he installed. It was confirmed that this will also be discussed at the Legislative/Environmental Committee meeting. Mike Comas, North Sound Bank, was recognized and spoke in favor of the renaming of a street to North Sound Way which is later on the agenda. Mr Comas also reported that they are one day away from received their building permit for their branch bank in Port Townsend and thanked the staff of the Planning and Building Department, stating that this is the best experience he has had in the building of five branch banks. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Approval of the Minutes for February 1, February 16, March 1, and March 15, 1993, as written without reading. Approval of the following Bills and Claims: Current Expense street Library Park Emergency Medical Services Capital Improvement '92 Wastewater Treatment Facility '93 Water Quality Improvements '93 GO Bonds FAUS Construction Project Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total Approval of Appointments: $ 110,530.41 6,131.53 9,721.47 6,445.61 2,415.77 272.26 112,101.92 22,056.25 10,371.84 358.39 70,919.21 19,916.96 2,312.51 274.52 $ 373,828.65 Orabelle Connally to the Library Board Jody Glaubman to the Library Board Approval of Out-of-State Travel: Robert Wheeler, Michael Hildt, David Grove and John Clise to Welches, Oregon, to attend a Rocky Mountain Advanced Training program for managers, April 22-24,1993. Adoption of Resolutions: RESOLUTION NO 93-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO AWARD A BID FOR A WATER QUALITY /TREATMENT UTILITY VEHICLE PPRCHASE. I I I 215 MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. RESOLUTION NO 93-27 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH ENVIROSEARCH (C JOSEPH BRESKIN) FOR SERVICES RELATED TO GIS DEVELOPMENT AND OTHER PUBLIC WORKS COORDINATION. I RESOLUTION NO 93-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH CH2M HILL FOR GENERAL CONSULTING AND PROJECT MANAGEMENT SERVICES. RESOLUTION NO 93-29 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PENNY HUBBARD IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO TO PROVIDE SEXUAL HARASSMENT TRAINING SERVICES TO CITY EMPLOYEES. RESOLUTION NO 93-30 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO APPROVE A CHANGE ORDER FOR THE EXISTING STRUCTURE AT THE WASTEWATER TREATMENT FACILITY. RESOLUTION NO 93-31 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH POLARIS ENGINEERING AND SURVEYING, INC, FOR ENGINEERING AND DESIGN OF STORMWATER IMPROVEMENTS TO WASHINGTON STREET. RESOLUTION NO 93-32 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH POLARIS ENGINEERING AND SURVEYING, INC, FOR ENGINEERING AND DESIGN OF STORMWATER IMPROVEMENTS TO THE 16TH STREET DRAINAGE CORRIDOR. RESOLUTION NO 93-33 I A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF PARKS AND RECREATION AUTHORIZING PAYMENT TO THE CITY OF AN ANNUAL FEE FOR FIRE PROTECTION SERVICES BY THE CITY FOR FORT WORDEN. RESOLUTION NO 93-34 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PORT TOWNSEND CIVIC TRUST FOR THE YEAR 1993 FOR CHRISTMAS PROMOTION SERVICES. 216 MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. RESOLUTION NO 93-35 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF JEFFERSON COUNTY FOR THE YEAR 1993 FOR DEVELOPMENT AND DISTRIBUTION OF A REGIONAL VISITOR'S GUIDE. RESOLUTION NO 93-36 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PORT TOWNSEND CHAMBER OF COMMERCE FOR THE YEAR 1993 FOR OPERATION OF A VISITOR INFORMATION CENTER. RESOLUTION NO 93-37 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PORT TOWNSEND CIVIC TRUST FOR THE YEAR 1993 FOR 9PERATING A PORT TOWNSEND FARMER'S MARKET. RESOLUTION NO 93-38 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY OF PROSECUTORIAL SERVICES FOR THE YEAR 1993. Communications: A letter dated July 14,1992, from T M Brobst, Division Forester, puget Power, enclosing log books for the circuits in the city of Port Townsend was copied for Council. A letter dated February 15,1993, from Bernie Arthur commenting on the Shoreline Amendments was copied for Council. A letter dated February 24, 1993, from Judy D'Amore, President, Port Townsend Marine Science Center, to the Washington state Parks and Recreation Commission, conveying strong concern regarding the implementation of the proposed day use parking fee at Fort Worden was copied for Council. A letter dated March 9, 1993, from Mike Yawman, Chair, Historic Preservation Commission, stating the intent of the Commission to initiate a survey of property within the city for the purpose of recording historic sites and structures and requesting $2000 in funding from the City was copied to Council and referred to the Finance Committee. An Environmental Checklist dated March 11, 1993, from Robert Wheeler that addresses a concurrence agreement between the City of Port Townsend and puget Sound Power and Light for the puget line clearance program with the City of Port Townsend was copied for Council and referred to the Legislative/Environmental Committee. A letter dated March 11,1993, from Joseph Wheeler to Mayor Clise submitting his resignation as a member of the Tourism Coordinating Council and nominating Mari Mullen to represent Centrum on the committee was copied to Council and referred to Mayor Clise. A letter dated March 12, from Sheri Robison, Main Street, including a map of the area that will be covered for a landscape and maintenance program for the commercial historic district and the cost to each business was copied for Council and referred to the Finance Committee. I I I I I I MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. A letter dated March 15, from Jack Guiher opposing the incrøase in the utility rates and costs was copied for Council. A letter dated March 15, 1993, from Richard Wojt, Chairman, Jefferson County Board of County Commissioners, accepting the nomination of Adean Hawkins to the Jefferson County Tourism Coordinating Council and requesting concurrence from Council was copied for Council. A memorandum dated March 16, 1993, from Karen Cartmel reminding all past and present elected officials of the Public Disclosure deadline of April 15,1993, was copied for Council. A letter dated March 18, 1993, from Mayor Clise to the Jefferson County Commissioners restating the City's commitment to recycling and urging them to vote in favor of raising the tipping fees so that these critical services are not cut was copied for Council. A letter dated March 19, 1993, from Margot Nitzsche, Agent for Cunningham/Finnie, requesting permission to remove the sidewalks on the portion of property that borders Clay and Madison StreE~ts was copied for Council and referred to the Public Works Staff. A memorandum dated March 19, 1993, from Sandy Oliver, SE~renity House, Vice President for Legislation, Washington State Coalition for the Homeless, to the Clallam County Commissioners, asking the Commissioners support of the current homeless shelter system and to respond by contacting Senator Anita Rinehart was copiced for Council. A letter dated March 21, from Ed and Pat lIgen expressing concern over the quality of Cable Television service currently offHred in Port Townsend by Summit Cablevision was copied for Council.. An invitation dated March 22, 1993, from Eric Johnson, D. A. R . E . Instructor, Port Townsend Police Department, inviting Council to the first graduation of Project D.A.R.E. on March 31, 1993, was mailed to the Councilmembers. A letter dated March 22,1993, from Ed and Mary Lindsey indicating problems with cable television service and suggesting that a contract with the company not be renewed was copied for Council. A letter dated March 23,1993, from Jack Guiher commenting on the Storm Utility was copied for Council. A letter dated March 23, 1993, from Larry Mulvey, Presiden1:, Port Townsend Chamber of Commerce, in support of the Gateway projeect was copied for Council. A letter dated March 24, 1993, from David Grove to Summit Cablevision requesting response to the complaint by Ed and Mary Lindsey was copied for Council. A letter dated March 29, 1993, from Howard Scott, Fire Chief, enclosing a letter he received from Dan Kelleher, fire department training officer, to keep Council abreast of the current changes in the washington State Fire Service Training program was copied for Council. A letter dated March 30, 1993, from Frank Garred, Publisher, Port Townsend Leader, reporting a separate charge for an affidavit of publication in addition to the publication cost was copied for Council. A note on the bottom of Mr Grove's letter of March 24, 1993, to Summit Cablevision, dated March 31, 1993, from Matt Bennett reporting on service for the Lindsey complaint was copied for Council. 217 218 MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. This concludes the Consent Agenda. PUBLIC HEARINGS Garbage Rate Increases. Mr Grove explained that a proposed raise in garbage rates is tied to the tipping fees charged by Jefferson County after the close of the landfill. The garbage pickup rate will not be raised as the contract with Superior Refuse is still in effect. Mr Grove stated that the Public Works Department has made progress toward completion and operation of the composting facility at the landfill and is asking guidance from Council in encouraging contributions from citizens for yard waste material. Mr Wheeler reported that yard waste is being accepted at the present time and there is the possibility that chips will have to be purchased for the composting process and then discussed ways for yard waste to be procured. Mr Wheeler then discussed methods for collecting yard waste. John Merchant was recognized and discussed the types of material needed. A brief clarification discussion ensued. Mayor Clise opened the hearing to the Public. John Ebner was recognized and noted various recyclable materials that are not taken by the recyclers that goes into the landfill as trash. Mr Ebner questioned what the citizens will benefit from the composting program after paying for containers, paying for the hauling, mandatory charges, and use of the compost in gardens. Dana Roberts was recognized and explained that rubbish includes all that our throw-away society doesn't have something else to do with. Mr Roberts emphasized that any changes in garbage rates should be used as an opportunity to reinforce environmentally responsible household actions. Mr Roberts also stated that at-home composting should be encouraged and suggested free pickup and the use of a recyclable paper bag for collecting compost material. There being no further comments, Mayor Clise closed the hearing to the Public and turned to Council. A discussion of recyclable material presently being recycled and the markets for it, mandatory yard waste charges, development of an advertising and education program, a letter from Mayor Clise to the County Commissioners in support of the recycling program and its coordinator, the needs of the biosolids composting facility, the possibility that it could become self-supporting, mandatory vs voluntary compost program, education, problems with paper bags in composting, cost incentives, a "free service" is being paid for in another way, monthly pickup of yard waste, container or a tag system, a larger difference between recycling and garbage pickup, and the possible loss of the recycling program through Jefferson County ensued. Councilmember Westerman made a motion that Council direct staff to prepare an ordinance to raise the garbage rates to cover the tipping fee that was seconded by Councilmember Camfield. After discussion, the motion passed by voice vote with four Councilmembers voting in the affirmative and Councilmember Jones voting against the motion. Mr Wheeler, speaking of the collection of yardwaste, summarized that Council is saying that the City is providing a service that is not mandatory, that a rate for the service will depend on the hauling cost from Superior Refuse, there may be some costs by the City, there is interest in the bins, there should be some fee charged to offset costs, it is experimental at the present time, and cost for a tag program should be explored. It was the consensus of Council that they would like to see more information from staff, some articles in the paper, and then decide on a Public Hearing. James Swan Hotel -Conditional Use Permit 8912-07. Mr Hildt reviewed the proposed revisions to Conditional Use Permit 8912-07 for the James Swan Hotel. Doug Lamy was recognized and reviewed I I I I I I MINUTES OF THE REGULAR SESSION OF APRIL 5, 1993, Cont.. the changes he is proposing and commented on several items. Mayor Clise opened the hearing to the Public. Michael Beckham was recognized and stated that he has already committed to being a tenant in Mr Lamy's new building and spoke in favor of the project. Kathryn Jenks 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 Council for disposition. A discussion of leased parking and joint use parking issues, the off-street parking requirement, parking needs for the project, concerns between use and form of ownership, ensued. Mr Lamy distributed a !5 page document headed "Restrictive Covenants, Articles of Declaration" made and entered 23 September 1991, by Douglass Lamy and Nancy Lamy, which was marked exhibit K by Mr Hildt. Further discussion of parking, parking and density, and parking vs new bui ldings downtown, fee-in-lieu of parking spaces, including Mr Lamy and Mr Hildt ensued. Councilmember Westerman made a motion that the Council adopt the following findings, conclusions and conditions and approve Conditional Use Permit 8912-07 which was seconded by Councilmember Camfield. After a discussion including Sheri Robison, who reported on parking improvements and management: being worked on by Main Street, the motion passed by voice vote wit:h four Councilmembers voting in the affirmative and Councilmember Wolpin voting against the motion. Re: Conditional Use Permit 8912-07, James Swan Hotel The above-referenced Conditional Use Permit was approved by the City Council on May 21, 1991, with 12 conditions. On June 18, 1991, the permit was revised at the request of the applicant:, with addi tional Findings of Fact and Conclusions, and revision of Condi tion No.1 to reduce the number of units and off-'street parking requirements. The permit was again revised on September 17, 1991, at the request of the applicant to revise Condition No. 2 in conformance with Ordinance 2250, as amended by Ordinance 2262 (17.08.498 Port Townsend Municipal Code), defining transient accommodation. The following Findings and Conclusions are hereby adopted as revisions to the Findings and Conclusions adopted on May 21,1991, as first revised on June 18,1991, and as second revised on september 17, 1991. These Findings of Fact and Conclusions supersede previous Findings of Fact and Conclusions to the extent inconsistent therewith. Findings of Fact 1. By letter to the City Council dated December 23, 1992, the applicant, Douglass Lamy, requested revisions to the above- referenced Conditional Use Permit. By that request, Building A, which has been completed, would be increased from 5 to 6 motel units. Proposed Building B would be increased from 10 motel units, 3 retail shops and a swimming pool, to 12 hotel units, a permanent residence (for the manager), and 3 retail shops. 2. The requested revisions are subject to the Port Townsend Shoreline Management Master Program, as amended by Ordinance 2320, which governs development in shoreline areas including the subject property. The Shoreline Master Program prohibits residential or transient accommodation uses on the ground floor of the subject property and requires that at leas1: fifty percent (50%) of the total ground floor area be reserved for water-oriented uses. 3. At its meeting held on January 4, 1993, the City Council reviewed the request and reached a consensus that the requested revisions should first be considered by the Planning Commission after a public hearing. A hearing was scheduled for February 11, 1993, before the Planning Commission and notice was published in the Port Townsend Leader on Wednesday, February 3. The Planning Commission recommended findings and 219 220 7. MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. conclusions to the City Council dated February 11, 1993, recommending that the request for revisions be granted under certain conditions prescribed thE~rein. 4. On February 4,1993, the applicant submitted three alternative conceptual plans: Plan A Building A Building B 10 hotel units 1200 sq. ft. retail shops 1700 sq. ft. restaurant 6 motel units Plan B Building A Building B 10 hotel units 2900 sq. ft. retail shops 6 motel units Plan C Building A Building B 13 hotel units 1200 sq. ft. retail shops 6 motel units since Plan C proposes transient accommodation units on the ground floor, this alternative is not permitted by the Port Townsend Shoreline Management Master Program. Consequently it was not considered by the Planning Commission or City Council. 5. As presently authorized by Conditional Use Permit 8912-07, as revised, the James Swan Hotel property may be developed as follows: Building A (existing) 5 motel units Building B (proposed) 7 hotel units (or 6 hotel and 1 residential) 1276 sq. ft. of retail space swimming pool 264 sq. ft. office-reception area 6. The existing off-street parking requirements Conditional Use Permit are as follows: the of 14 off-street . parking spaces: 12 off-street parking spaces to be developed on-site. Fee-in-lieu payment of $7,320 into the City Parking Improvement Fund as compensation for two spaces which would not be developed on-site. . The City Council found in Finding No. 10 (May 21, 1991) as follows: "Current parking demands in the immediate area are not addressed adequately by existing on- and off-street parking. Surrounding uses from both the Point Hudson and Historic Districts regularly create overflow parking demands in the area of the proposed project. These impacts are not confined to times normally associated with high parking demand: overflow parking from evening events at the American Legion, City Hall, and Memorial Field generate substantial parking pressures throughout the surrounding area. On busy weekends, tourist-generated vehicular traffic creates serious impacts on available parking supply. Increasing development pressures in the immediate area can only increase demands on an inadequate parking supply." I I I I I I 8. MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. section 17.64.040 of the Port Townsend Municipal Code sets forth criteria governing issuance of conditional use permits. Subsection E provides as follows: "In addition the Board (City Council) may impose specific conditions precedent to establishing the use and said conditions may include: (1) Increasing the requirements in the standards, criteria or policies established by this title, (2) stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic, (3) Require structural features or equipment essential to serve the same purposes as set forth in subsection (2) above, (4) Impose conditions similar to those set forth in subsections (2) and (3) above, as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards; . . ." Subsection G further provides that: "To ensure establishment of the above conditions, the board of adjustment (City council) shall have authority to require and approve specific plans, to increase the requirements se1: forth above and requirements elsewhere in this title, but in no case shall the board have the authority to decrease the requirements of this title for any use in the zone it proposes to locate. Any such decrease shall only be granted upon the issuance of a variance." 9. Chapter 17.30 sets forth specific minimum off-street parking requirements for new, expanded or changed uses. Those requirements for the proposed revised plans are as follows: Plan A 16 motel units @ 1 space per unit 1200 sq. ft. retail shops @ 1 space ft. 1700 sq. ft. restaurant @ 1 space per 16 spaces per 300 sq. 4 spaces 100 sq, ft. 17 spaces Subtotal 37 spaces Reduced to 70% (found contributing by HPC) 26 spaces Credit for restoration of on-street spaces (3 X 2) -6 spaces Total minimum requirement 20 spaces Plan B 16 motel units @ 1 space per unit 16 spaces 2900 sq. ft. retail shops @ 1 space per 300 sq. ft. 10 spaces Subtotal 26 spaces Reduced to 70% (found contributing by HPC) 18 spaces Credi t for restoration of on-street spaces ( 3 X 2) -6 spaces Total minimum requirement 12 spaces 10. In view of the existing parking congestion in the vicinity and the specific combination of uses proposed, provision of the 221 222 MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. minimum off-street parking would likely prove to be inadequate. The downtown location of the James Swan Hotel allows guests to visit downtown shops and other attractions on foot, leaving their cars at the hotel during the d~y as ~ell as during the evening. Off-street spaces Wh1Ch m1ght otherwise be available to shoppers or restaurant patrons are more likely to be occupied as a result. Restaurant parking demand typically occurs at peak meal times, rather than throughout the day, heightening overflow parking conditions. The location of the proposed off-street parking spaces--behind and underneath Building B--would be inconvenient for shoppers and restaurant patrons, increasing competition for available on-street parking spaces. If the minimum required off-street parking'were provided, actual peak parking demands from the James Swan Hotel complex are likely to exceed the actual parking supply by 15-20 spaces under Plan A, or by 9-14 spaces under Plan B. Conclusions: 1. The increased parking demand from the proposed project as revised by either proposed Plan A or Plan B would substantially exceed available parking supply if the minimum off-street parking requirements are developed pursuant to Chapter 17.30 of the Port Townsend Municipal Code. However, under the conditions prescribed below which require provision of more off-street parking spaces than the minimum requirements, the proposed expansion of the use of the subject property would not endanger the public health or safety nor create a nuisance; however, the parking impacts of the proposed project would add additional on-street parking demand. Given the limitations of available parking supply in the area, on-street parking congestion and shortages may be expected to increase. 2. Under the particular parking demand and congestion circum- stances of the subject property and vicinity, the requested revisions may be authorized if at least one off-street parking space is provided for each motel and hotel unit and one off- street space is provided for each 300 square feet of retail floor area and for each 100 square feet of restaurant floor area, reduced by the three on-street spaces to be restored on Water Street. These requirements are as follows: Plan A 16 motel units @ 1 space per unit 1200 sq. ft. retail shops @ 1 space ft. 1700 sq. ft. restaurant @ 1 space per 16 spaces per 300 sq. 4 spaces 100 sq. ft. 17 sQaces Subtotal 37 spaces Reduction for restoration of 3 on-street spaces -3 spaces Total required off-street parking 34 spaces Plan B 16 motel units @ 1 space per unit 16 spaces 2900 sq. ft. retail shops @ 1 space per 300 sq. ft. 10 spaces Subtotal 26 spaces Reduction for restoration of 3 on-street spaces -3 spaces Total required off-street parking 23 spaces I I I I I I MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. 3. The applicant has indicated that the current plans anticipate developing nine parking spaces on grade and twelve spaces underground, beneath Building B. Conclusions Nos. 3 and 4 of Conditional Use Permit 8912-07, Revised June 18, 1991, are incorporated herein to re--affirm the previous approval of the applicant's application to pay a fee in lieu of providing two of the required off--street parking spaces. In consideration of the aforementioned findings and conclusions, the City Council hereby adopts the following revisions, as further conditioned: 4. 1. Condition No.1 of the Findings and Conclusions Dated }~ay 21, 1991, as revised on June 18, 1991, is revised to read as follows: No more than sixteen (16) motel or hotel units shall be established on the subject property, provided that in the event one unit is occupied as the residence of the manaqer, no more than fifteen (15) motel or hotel units may be established. Retail floor area shall not exceed 1200 sq. ft. and restaurant space shall not exceed 1700 sq. ft., unl13ss the restaurant is deleted from the plans, in which case retail floor area may not exceed 2900 sq. ft. Thirty-four (34) off-street parking spaces shall be provided if Plan A is chosen. Alternatively, twenty-three (23) off- street parking spaces shall be provided if Plan B is chosen. In the event that one motel or hotel unit is to be used as the manager's residence, one additional off-street parkinq space shall be provided. Each such parking space shall remain in common ownership and be freely and equally available to the current guests and patrons of the uses approved in this permit. No off-street parking spaces shall be restricted to or designated as reserved for any particular indi vidual, group, business, use or for guests of any hotel or motel unit. All parking facilities must be clearly shown on submitted plans in full conformance with Chapter 17.30 of the Port Townsend Municipal Code. At least twenty-one (21) parking spaces shall be provided on-site. All leases and covenants shall require that any and all employees of each and every owner or lessee of the premises shall be prohibited from parking in the Downtown Parking District during working hours. The applicant may provide two (2) of the required off.-street parking spaces by payment of a fee-in-lieu as previously authorized by the City Council. In the event that onl3 motel or hotel unit is to be used as the manager's residence, three (3) of the required off-street parking spaces may be provided by payment of a fee-in-lieu. If the applicant exercisl3s this option, prior to issuance of a building permit for any portion of Building B, a fee in lieu for two (2) or three (3) parking spaces, as determined above, shall be paid into the Parking Improvement Fund pursuant to section 17.30.260 Port Townsend Municipal Code. The amount of said fee shall be $3,660 per parking space, or if the amount has not been paid within one year of this decision, the amount provided by ordinance in effect at the time of payment. 13. A new Condition No. 13 shall be added to the conditional use permit to read as follows: Prior to issuance of a building permit, the applican1: shall prepare and submit to the Historic Preservation commission for its review and approval revised elevation and si t.e plan --. 223 224 MINUTES OF THE REGULAR SESSION OF APRIL 5, 1993, Cont. drawings which clearly show in sufficient detail the exterior revisions approved herein. 14. A new Condition No. 14 shall be added to the conditional use permit to read as follows: No motel or hotel or residential uses may occupy any portion of the ground floor of Building B. At least fifty percent (50%) of the ground floor area of Building B must be perpetually reserved for water-oriented uses as defined by the Port Townsend Shoreline Management Master Program. UNFINISHED BUSINESS Ordinance Changing Name of Offutt Street to Magnolia street. ORDINANCE NO 2352 AN ORDINANCE RENAMING A PLATTED STREET IN THE FOWLERS PARK ADDITION IN THE CITY OF PORT TOWNSEND FORMERLY REFERRED TO AS OFFUTT STREET "MAGNOLIA STREET" AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove read the ordinance by title. Councilmember Wolpin 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. Mr Grove again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No 2352 which was seconded by Councilmember Wolpin and passed unanimously by roll call vote. Ordinance No 2348. Aquaculture Amendments to Shoreline Master Program. Mayor Clise announced that action on this ordinance has been deferred until the meeting on April 19, 1993. Resolution on Agreement with Economic Development Council to Staff the Tourism Coordinating Council. RESOLUTION NO 93-39 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF JEFFERSON COUNTY FOR THE YEAR 1993 FOR TOURISM COORDINATING COUNCIL STAFF SUPPORT Bart Phillips, Economic Development Council, explained the contract. After discussion, Councilmember Westerman made a motion that the Council adopt Resolution No 93-39 which was seconded by Councilmember Wolpin and passed unanimously by voice vote. MAYOR'S REPORT Mayor Clise noted the resignations of Dan Youra and Joe Wheeler from the Tourism Coordinating Council and their replacement by Adean Hawkins and Mari Mullen. Councilmember Camfield made a motion that the Council confirm the appointments which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Mayor Clise reminded Council of the Public Disclosure deadline of April 15, 1993, with a copy to the Jefferson County Auditor. Mayor Clise reported that the PT20/20 process is going very well and that he has had some people say how they have liked the idea. If there is anyone else who would like to participate, please let him know. The coffee hours should be completed by the middle of the month so that staff can be prepared for the follow-up meeting on April 26,1993. I I I I I I MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. Mayor Clise noted that Monica McCollum, Planning and Building student intern, is a member of an accomplished string quartet including Andrew DeWeese, Aaron Ferschke and Sarah Quemada and that they have volunteered to open a Council meeting with a brief performance. It was the consensus of the Council that an invitation be sent for the meeting of April 5,1993. Mayor Clise reported that the Association of Washington Cities Annual Business Meeting will be held in Yakima on June 22-23 I' 1993, and that the City can send three voting delegates and he would like Council to be thinking about who can attend. COMMITTEE REPORTS/STAFF REPORTS Finance. Councilmember Camfield set a meeting of the Committ:ee for April 14, 1993, at 5:00 PM to discuss Councilmember Compensation and requested written opinions from CounGilmembers not on the Committee. The Committee will also discuss requests from the Historic Preservation Commission, $10,000 from county Health and Main Street Landscape Maintenance. Growth Management Act. Councilmember Camfield confirmed a meeting on April 13, 1993, at 4:00 PM. Parks/Property. Councilmember Camfield set a meeting of the Committee for April 8,1993, at 5:00 PM, to discuss the Wast:ewater Plant landscaping, the letter from the Tree and Brushing Committee, and the placement of the carousel. Legislative/Environmental. Councilmember Wolpin reported that the Committee will be reviewing the Marzan, Kearney Street and the O'Meara-ARA State Environmental Policy Act checklists on April 12, 1993, at 5:00 PM. The letter from Margot Nitzsche was discussed briefly and then referred to the Public Works staff. Mr ~~eeler requested that the Watershed Plan State Environmental Policy Act checklist may also be discussed at the meeting. Councilmember Wolpin set a meeting of the Committee for April 22, 1993, at 5:00 PM to discuss the Port Townsend Business Park and the text amendment to checklists. Councilmember Wolpin set a meeting of the Committee for May 13, 1993, at 5:00 PM to discuss the Port of Port Townsend Washdown facility. Councilmember Wolpin set a meeting of the Committee on April 20, 1993, at 5:00 PM, to review the proposed amendments for a State Environmental policy Act policy procedure. Community Services. A meeting of the Committee was confirmed on April 26,1993, at 5:00 PM. Clerk-Treasurer. Mr Grove reported that there will be an Assessment Center for Police Sergeant held on April 8, 1993, at Fort Worden, for which there are three candidates. Mr Grove also reported that on April 2, 1993, the State Senate passed a budget and revenue package that relies on the extension of sales tax to services to fund much of the shortfall but it does not allow cities and counties. to extend the sales tax to services. A number of state programs of concern to cities have been reduced including the elimination of personnel replacement funding for jurisdictions with ten or less law enforcement officers until July 1995, which means that when the City must send an officer to th~ academy, th.~:rß Will no lopg~:r gr&tlts ayailq.þle for ov~rtime or substitutes. Also, in the House they are considering a shift of the state share of LEOFF Plan II will to the cities and counties. A discussion of these impacts ensued during which Mr Grove encouraged the Council to contact our legislators. 225 226 MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. Public Works. RESOLUTION NO 93-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH CITIFOR, INC, TO PURCHASE REAL PROPERTY FOR A WATER FILTRATION FACILITY. Mr Wheeler explained the resolution. Councilmember Westerman made a motion that the Council adopt Resolution No 93-40 which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Wheeler reported that the City has received official notice from the Department of Ecology that the City does have to put in a dechlorination facility and that the construction of this can be included in the present contract and is eligible under the present construction grant. Design of the facility is in progress. Mr Wheeler also reported that the City has received approval of the Watershed Management Plan from the State which will save $6,000,000 and avoid filtration. Mr Wheeler reported that the Water Department started with 93 unmetered accounts and is now down to 29. The Water Workshop held at the Chimacum Grange went very well and all the responses have been appreciative from the people in the county. Mr Wheeler reported that Pope Marine Park has been partially expanded and the paving should be completed next week. Mr Wheeler read several responses Advisory Committee mailer. to the Wetlands/Stormwater Planning and Building. Mr Hildt noted the invitation to the Forest Park Condominium project and commented on the work done and to be done. Mr Hildt reported that work with the School District on the Middle School site is progressing and settlement discussions are proceeding. If settlement is possible, a proposal to deal with the wetland will be forthcoming. Councilmember Westerman reported that she had had phone calls from citizens stating that the Forest Park Condominiums are selling for more than $100,000 which she has found to be untrue. Mr Grove reported that the owner has requested an opportunity to make a presentation at the April 19,1993, Councilmeeting as a follow-up to Council concerns. Police. Chief Newton and Councilmember Jones commented on the D. A. R. E. class graduation of 144 students at the Intermediate School. A brief discussion of attendance by Councilmembers ensued. Chief Newton announced that the Bike Patrol will be in operation in the next few weeks and that both Bike Officers have completed training and will attend the next Councilmeeting. Chief Newton reported that the D.A.R.E. program will be expanded into the summer months by launching the D.A.R.E. Fishing Team with the use of a boat and time donated by one of the officers. The Jefferson County Sheriff will be lauching their D.A.R.E.program in the fall. I I I I I I MINUTES OF THE REGULAR SESSION OF APRIL 5,1993, Cont. NEW BUSINESS Ordinance Naming Cliff Street. ORDINANCE NO 2353 AN ORDINANCE RENAMING A PLATTED STREET AND ESTABLISHING A NAME FOR THE FUTURE EXTENSION OF SAID STREET TO THE NORTH TO BE NAMED "CLIFF STREET" AND ESTABLISHING AN EFFECTIVE DATE. THE SUBJECT STREET IS LOCATED IN THE NATIONAL CITY ADDITION IN THE CITY OF PORT TOWNSEND NORTH OF SIMS WAY AND A FUTURE EXTENSION OF SAID STREET IS CURRENTLY BEING PROPOSED WITHIN THE UNPLATTED PROPERTY TO THE NORTH. THE STREET WAS FORMERL Y REFERRED TO AS LA SALLE STREET AND IS ALSO KNOWN AS ALDER STREET AND CLIFF STREET. Mr Hildt explained the ordinance. After discussion, 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 Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember wolpin made a motion that the Council adopt Ordinance No 2353 which was seconded by Councilmember Jones and passed unanimously by roll call vote. Resolution on Mutual Aid Agreement with the U. S. Navy and Fire Districts 1 through 6. Brinnon Volunteer Ambulance. Ouilcene Ambulance and Marrowstone Ambulance. RESOLUTION NO 93-41 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT PROVIDING FOR MUTUAL AID BETWEEN THE FIRE DEPARTMENT AND THE US NAVY, JEFFERSON COUNTY FIRE DISTRICTS 1,2,3,4,5 AND 6, BRINNON VOLUNTEER AMBULANCE, QUILCENE AMBULANCE AND MARROWSTONE AMBULANCE. Councilmembers questioned Fire Chief Scott if he approves of the agreement, to which he stated that he does. After a brief discussion with Chief Scott, Councilmember Jones made a motion that the Council adopt Resolution No 93-41 which was seconded by Councilmember McCulloch and passed unanimously by voice vot:e. Ordinance Increasing Parking Fines. ORDINANCE NO 2354 AN ORDINANCE ESTABLISHING A SCHEDULE OF FINES FOR VIOLATION OF THE CITY'S PARKING CODE PROVISIONS BY ESTABLISHING A NEW SECTION 10.04.205 OF THE PORT TOWNSEND MUNICIPAL CODE, AMENDING SECTION 10.04.210 AND DELETING SECTION 10.04.220 OF THE PORT TOWNSEND MUNICIPAL CODE AND ALSO ESTABLISHING A NEW SECTION 10.04.208, PROHIBITING MOVING A VEHICLE AND REPARKING IT WITHIN THE SAME BLOCK TO AVOID A PARKING TIME LIMIT. Chief Newton explained the ordinance. After discussion including Sheri Robison from Main Street, Mr Grove read the ordinance by title. Councilmember wolpin made a motion that the first reading be considered the second and the third be by title only which was 227 ., 228 MINUTES OF THE REGULAR SESSION OF APRIL 5, 1993, Cont. seconded by Councilmember Camfield ~nd passed ~nanimously?y voice vote. Mr Grove again read the ordlnance by tltle. Councllmember Camfield made a motion that the Council adopt Ordinance No 2354 which was seconded by Councilmember Westerman and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION It was the consensus of Council that a letter of appreciation for a job well done be sent to the D.A.R.E. officers. ADJOURNMENT There being no further business, Councilmember Jones made ~ motion that the meeting be adjourned whic seco ded by Councllmember Wolpin and passed at 11:17 PM. Attest: ~ ~T~ MINUTES OF THE REGULAR SESSION OF APRIL 19,1993 The City Council of the City of Port Townsend met in regular session this Nineteenth day of April, 1993, at 7: 00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Councilmember Julie McCulloch was excused. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt, Dave Robison, Planner, and Public Works Director Robert Wheeler. PRIORITY ITEM Report on Forest Park Condominiums. Bill Massey of Island Construction was recognized and reported on the Forest Park Planned Unit Development on Grant Street and stated that the project has been completed and people are moving in. PUBLIC COMMENTS Keith Marzan was recognized and spoke in favor of the state Environmental Policy Act review for his project and offered to answer any questions when it comes up under Committee Reports. Barbara Bogart was recognized and thanked Council and others for the Gateway Park. Timothy Witten was recognized and requested funding for the insurance for his Port Townsend Free Wheels Bicycle program and reported on the program and requests he has received from other ci ties for similar projects. Mayor Clise confirmed that the Finance Committee will be setting a meeting at which time this will be discussed. Mr McLerran discussed a ruling by the Washington Supreme Court that parents are not able to waive liability and sign a release for damages for minor children which could affect this program. I I I