HomeMy WebLinkAbout12/20/1993
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MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1993, Cont.
487
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ADJOURNMENT
!
,
Thereibeing no further business, Mayor C .
at 1:04 AM.
Attest:
meeting adjcurned
,
Mayor
~~
;
Clerk-Treasurer
;
MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993
The iCi ty Council of the City of Port Townsend met in regular
session this Twentieth day of December, 1993, at 7: 00 PlJ[ in the
Council Chambers of city Hall, Mayor John M Clise presiding.
ROLL CALL
Counbilmembers present at Roll Call were Jean Camfield, Vern Jones,
Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and
cindy wolpin. Also present were Clerk-Treasurer David Grove,
Police Chief Jim Newton, City Attorney Dennis McLerran, Director of
Planping and Building Michael Hildt, Dave Robison, Planner and
Public Works Director Robert Wheeler.
PRESENTATION
Councilmember Camfield announced the donation of property across
the street from the James House to be used as a viewpoint to the
citi~ens of Port Townsend from Jack (H J) Carroll.
PROCLAMATION
Mayor Clise proclaimed
Appreciation Day.
Jack
Carroll
December
21,
1994,
as
PRESENTATION
Nora Porter was recognized and presented a check from the Port
Townsend Foundation for $18,000.00 and Homer smith III presented a
check for $1,000.00 for the purchase of property at the corner of
Adams and Water Street for use as a park. Another check fOT
$1,000.00 from Ellen and Penny of April Fool and Penny Too has also
been! pledged. Ms Porter also presented a check for $1,000.00 from
the Foundation and the Rose Theater for the development of this
project. Ms Porter recommended a competition for the desiqn of the
park and presented $1,000.00 to award the winner of the
competition.
PUBLIC COMMENTS
Madge Wallin was recognized and questioned the need to make the
fence allowed under her variance earthquake proof as recornnended by
the engineer hired under provision of the variance and requested to
meet with a Councilmember for discussion. Mayor Clise suggested
that: Ms Wallin meet with the Planning and Building DHpartment
Dire:ctor, Michael Hildt, who stated that he would be pleased to
meet with Ms Wallin and review the engineer's report.
Bart Phillips, Economic Development Council, was recognized and
expl'ained the Maag Coastal Loan Application motion of support which
is later on the agenda.
488
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
Terri Choate was recognized and spoke about the 1994 Proposed
Budget process and requested changes in the process for future
budgets.
Randy Maag was recognized and explained that he and his wife are
purchasing Eccles Nursery & Garden Center and requested support
from Council.
Bernie Arthur was recognized and mentioned how important it: is to
make sure the effect of rates and changes are recognized during
budget deliberations. Mr Arthur state that he feels that the~re are
people who are just struggling to survive who will be adversely
affected.
CONSENT AGENDA
councilmember JOnes made a motion to approve the following items on
the Consent Agenda which was seconded by Councilmember Camfield and
passed unanimously by voice vote.
Approval of the Minutes for November 1, and 15, 1993, as written
without reading.
Approval of the following Bills and Claims:
Current Expense
Street
Library
Park
Hotel/Motel
Emergency Medical Services
Waste Water Treatment Plant Const
'93 Water Quality Construction
'93 GO Bond Project
Water-Sewer
Storm and Surface Water
Equipment Rental
Firemen's Pension and Relief
Total
Setting Hearings:
$ 58,545.88
136.83
4,266.96
241.74
6,521.91
1,541.57
249,048.56
12,931.26
1,057.84
134,164.10
4,238.55
441.32
394.85
$ 473,531.37
ci ty of Port Townsend Variance and Conditional Use Permit
Application for a Water Standpipe for January 18,1994.
Approval:
Side Sewer Contractor's License for Leon T Gifford.
Adoption of Resolutions:
RESOLUTION NO 93-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORT TOWNSEND FIXING THE TIME FOR HEARING
ON A PETITION FOR VACATION OF A STREET.
Setting a hearing on February 7, 1994, for Mark Saran street
Vacation Application No 9311-06 to vacate Reed Street between Adams
and Taylor Streets.
RESOLUTION NO 93-142
A RESOLUTION AUTHORIZING THE MAYOR TO RESCIND
A RESTRICTIVE COVENANT PLACED ON LOTS 5 AND 6
OF BLOCK 10, HILLS ADDITION TO THE CITY OF
PORT TOWNSEND.
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20,1993, Cont.
RESOLUTION NO 93-143
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT
COUNCIL OF JEFFERSON COUNTY FOR THE YEAR 1994
FOR DEVELOPMENT AND DISTRIBUTION OF A REGIONAL
VISITOR'S GUIDE.
RESOLUTION NO 93-144
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
GRANT REQUESTS AND PROPOSALS FOR OBTAINING
FEDERAL AND STATE FUNDING TO ASSIST THE CITY
IN RECONSTRUCTING SAN JUAN AVENUE.
RESOLUTION NO 93-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORT TOWNSEND AUTHORIZING THE BIDDING OF
NECESSARY SERVICES AND PRODUCTS FOR 1994.
RESOLUTION NO 93-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORT TOWNSEND AUTHORIZING A LATECOl-IER
UTILITY CONTRACT PURSUANT TO RCW 35.91.
Michael K Davis and Sandy L Davis have constructed or caused to be
constructed a 6-inch water line in McPherson Stree1t within the
service area of the City of Port Townsend.
RESOLUTION NO 93-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORT TOWNSEND AUTHORIZING A LATECOl-IER
UTILITY CONTRACT PURSUANT TO RCW 35.91.
Charley Kennard and Genara P Kennard have constructed or caused to
be constructed a 6-inch water line in Kinkaid Street, in Irondale
within the service area of the City of Port Townsend.
RESOLUTION NO 93-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PORT TOWNSEND AUTHORIZING A LATECOl-IER
UTILITY CONTRACT PURSUANT TO RCW 35.91.
Rigmor Asheim has constructed or caused to be constructed a 6-inch
water line in Eugene Street in Irondale within the service area of
the city of Port Townsend.
Communications:
A letter dated November 19, 1993, from David Goldsmit:h, Jefferson
County Director of Community Services, confirming par1:icipation of
the City in construction of the new Animal Shelter and rental costs
was copied for Council.
A letter dated November 30, 1993, from Jack Guiher, stating his
concerns for the 1994 Budget was copied for Council.
A letter dated November 30, 1993, from Ken Radon, Port of Port
Townsend Operations Manager, enclosing hoist and storage charges
for the city Dock float was copied for Council.
A letter dated December 1, 1993, from Mr and Mrs T L Nolan stating
concerns for the proposed gambling tax was copied for Council.
489
490
MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
A letter dated December 2, 1993, from Nancy McKay, puget Sound
Water Quality Authority, Executive Director, offering a $25,000
puget Sound Action Grant for the constructed-wetlands project in
the vicinity of the Port of Port Townsend was copied for Council.
A letter dated December 2,1993, from Frankalene Bower requesting
forgiveness of water consumption at the Redman's Cemetery which was
caused by vandals was copied for Council and referred to New
Business later on the agenda.
A letter dated December 2,1993, from Verlaine Keith-Miller stating
that she has no objection to the Eades alley right-of-way vacation
was copied for Council.
A letter dated December 4, 1993, from Bob Bates, President,
Jefferson County Fair, asking for relief of the water and sewer
utility bill due to damage caused by vandals was copied for Council
and referred to New Business later on the agenda.
A letter dated December 6,1993, from John Sims, City Manager, City
of Mill Creek, to Mayor Clise thanking David Grove, City Clerk-
Treasurer, for his roadside assistance during a rainstorm after an
Association of Washington Cities meeting on cable TV regulation was
copied for Council.
A letter dated December 6,1993, from Terry Berge thanking Council
for not imposing a gambling tax for the 1994 Budget was copied for
Council.
A letter dated December 8, 1993, from Richard Wojt, Chairman,
Jefferson County Board of County commissioners, stating that they
feel that honoring the request to delete certain parcels of real
property from the public auction on December 10, 1993, is in the
best interest of the citizens was copied for Council.
A letter dated December 10, 1993, from Paul Boyer offering to do a
group photograph of the Council for display in the Council Chambers
prior to the December 20,1993, meeting was copied for Council.
A letter dated December 11,1993, from Isabelle Manley encouraging
Council to vote for more equitable and adequate funding for the
Library was copied for Council.
A letter dated December 16, 1993, from Denny LaVigne, Key City
Lanes, in opposition to adoption of a Business and Occupation tax
increase was copied for Council.
This concludes the Consent Agenda.
PUBLIC HEARINGS
Port of Port Townsend. Shoreline Substantial Development Permit
Application No 9308-10 (restroom/laundry facility). Mr Robison
reviewed the findings, conclusions and conditions for the proposal.
Mayor Clise opened the hearing to the Public. There being no
testimony, Mayor Clise closed the hearing and turned to Council for
disposition. After discussion, Councilmember McCulloch made a
motion that the Council adopt the following findings, conclusions
and conditions and approve Shoreline Substantial Development Permit
Applications No 9308-10 which was seconded by Councilmember Jones
and passed unanimously by voice vote.
Findings:
1.
The subject property is currently developed as the Boat Haven
marina and boatyard, which also contains accessory commercial
and industrial uses, and is owned by the Port of Port Townsend
(Vicinity Map - Exhibit 1).
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
2.
The applicant, the Port of Port Townsend, proposes to demolish
the existing 36 foot by 24 foot restroom and laundry facility
and construct a new 42 foot by 36 restroom building on the
same site. Besides restrooms, showers and laundry facilities
the new building will contain a port-a-potty dump station and
include a janitorial supply closet (Port area map - Exhibit
2) .
3.
The building will be constructed with a wooden frame on a
concrete slab with cedar siding and composite shingle roofing.
The facility will serve commercial and recreation boat users
at the Boat Haven Marina (Site Plan - Exhibit 3).
4.
The Port Townsend Boat Haven Marina is located on Port
Townsend Bay. The restroom facility (existing and proposed)
is located across Washington street approximately 100 feet
from the edge of the marina. The subject property is flat and
covered by impervious gravel surface used for boat s"torage,
road access and parking.
5.
The proposal is subject to the Port Townsend Shoreline Master
Program (SMP), as amended by Ordinance 2320. ThE~ proposal is
within the Port Townsend Urban Waterfront Special District,
which is a special overlay district in the SMP. The proposed
restroom facility is considered a utility under the SMP, which
is a primary use wi thin the Urban/Port Townsend Special
Waterfront District.
6.
There are no known significant natural or cultural features on
the site. However, the Port Gamble S'Klallam Tribe has
indicated that the Port Townsend area was once t:he site of a
S'Klallam Village and may contain archaeological resources.
7.
The City of Port Townsend issued a SEPA Determinat:ion of
Nonsignificance (DNS) for the proposal on October 20, 1993.
The City's environmental determination and the applicant's
environmental checklist are included as Exhibits 4 and 5. The
environmental review indicated that no significant adverse
environmental impacts are likely to occur from t:he proposal.
8.
In a memorandum dated November 18, Robert Wheeler, Public
Works Director, stated concerns with the proposal (Exhibit 6).
Specifically, he commented on potential backflow contamination
and on the quantity and strength of the sewage likely to be
generated from the facility.
Conclusions:
1.
The proposal, as conditioned below, should not have an adverse
impact to the shoreline environment.
2.
The proposed development will enhance the operation of the
Boat Haven Marina, which is a priority use under the SMP. The
proposed development is designed to minimize conflic,ts with
other boatyard operations and avoid conflicts wii:h pedestrian
and vehicle access along Washington street.
3.
The proposed facility is considered a utility, a 'primary use
within the urban designation, and is consistEmt with the
policies and performance standards in the Master Program. The
restroom will better serve water-dependent and ~iater-related
users at the Boat Haven.
4.
The proposed development will better serve commercial and
recreational users of the Boat Haven. The r.estroom is a
primary use, and as conditioned below, is consis'tent with the
performance standards in Section 5.200.
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
5.
The proposal, as a whole, is consistent with the goals and
policies of the Urban Waterfront Plan and the Shoreline Master
Program.
Issuance of a shoreline substantial development permit for the
proposed project requires compliance with the Washington State
Shoreline Management Act and the applicable policies and
performance standards of the Port Townsend Shoreline Management
Master Program. The Port Townsend City Council approves the
proposal with the following conditions:
1.
Excavation and disposal of construction debris on land shall
be done in such a manner that debris cannot enter puget Sound
or cause water quality degradation.
2.
A temporary stormwater and erosion control plan for excavation
and construction activities shall be prepared and approved by
the city Engineer prior to development. The plan shall
control stormwater from the site and provide assurances that
any runoff shall be treated prior to entering any waters of
the state. The plan shall contain proper erosion and sediment
control practices to be used during construction. In
addi tion, the plan shall state the method of disposal of
construction debris.
3.
Prior to issuance of a building permit, the applicant shall
receive approval from the Public Works Director on the
quantity and strength of sewage and wastewater to be discharge
to the City's sewer system. The Director may require pre-
treatment of sewage, and/or higher rates for such discharges,
or other measures to treat discharges or prevent potential
contamination. '
Doug Lamy. Shoreline Substantial Development Permit Application No
9310-02 (James Swan Hotel). Councilmember Sokol left the Chambers.
Mr Robison reviewed the findings, conclusions and conditions of the
Shoreline Advisory Commission recomInending approval of the
proposal. After discussion of cumulative impacts, Mayor Clise
opened the hearing to the Public. Doug Lamy, the proponent, was
recognized and spoke in favor of the permit. There being no
further testimony, Mayor Clise closed the hearing to the Public and
turned to Council for disposition. Councilmember McCulloch made a
motion that the Council adopt the following findings, conclusions
and conditions and approve Shoreline Substantial Development Permit
Application No 9310-02 which was seconded by Councilmember Camfield
and passed by voice vote with five Councilmembers voting in the
affirmative and Councilmember Wo1pin voting against the motion.
Findings:
1.
The applicant proposes to construct a new building at the
existing James G. Swan Hotel complex property. The subject
property is located at the northeast corner of Water and
Monroe streets in the Port Townsend Urban Waterfront Special
District (see Vicinity Map - Exhibit 1).
The subject property is north of Port Townsend Bay by more
than 200 feet. However, the southeast corner of the property
is approximately 100 feet from the water of the Point Hudson
Marina, thereby requiring the approval of a shoreline
conditional use permit. The subject property is surrounded on
all sides by comInercial development. A restaurant is located
to the east, a small-scale commercial office building to the
north, the American Legion Hall is located across Monroe
Street to the west, and the Thomas Oil Company is across Water
Street to the south. possible redevelopment of the Thomas oil
Si te as a hotel is currently under consideration by the
property owners (see OHWM Map - Exhibit 4).
2.
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
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3.
The subject property presently consists of an existing five-
unit hotel, four cabin units, and a resident manager's office
(see Existing Conditions - Exhibit 2).
4.
The applicant now proposes to construct an additional t,en (10)
unit hotel/mixed use building on the southwest corner of the
property. The building would have a 1,000 sq. ft. restaurant
and 1900 sq. ft. of retail shops on the ground floor, six
hotel units on the second floor, and four hotel units on the
third floor. The proposal will require the rE!moval of the
manager's office and all four of the cabins to allow space to
construct the new building (see site Plan - Exhibit 3).
The proposal is subject to the Port Townsend Shoreline Master
Program (SMP), as amended by Ordinance 2320, ,,~hich governs
development in shoreline areas including the subject property.
The Shoreline Master Program prohibi ts rel:;idential or
transient accommodation uses on the ground floor of the
subject property and requires that at least fifty percent
(50%) of the total ground floor area be reserved for water-
oriented uses.
5.
6.
The Historic Preservation commission has reviewed the design
of the proposed project, and found that it contributes to the
Port Townsend Historic District. A Certificate of Review was
issued on September 28,1993. The proposed building will be
34 feet in height. The Special Height Overlay District
restricts building height for all constructiçln located in
Block 45 to a maximum of 34 feet (Ordinance 2216) (Plan
Elevations - Exhibit 5a and 5b).
7.
Ingress and egress to and from the site is presEmtly provided
by driveways on Monroe and Water Streets, which serve the
manager's office and the existing hotel building, and four
driveways from Water street which serve the four cabins. The
applicant proposes to provide ingress and egress to the site
from the driveway on Monroe Street.
8.
Conditional Use Permit 8912-07 was revised by th,;:! City Council
on Oct 4, 1993. The Council required 30 parking spaces be
provided and that 27 parking spaces be provided on-sit,e, in an
underground garage, except that the applicant may provide two
(3) of the required off-street parking spaces by payment of-a
fee-in-lieu as previously authorized by the Council (see
Garage Plan - Exhibit 6).
9.
In addition, the Council required that no more than sixteen
(16) motel or hotel units shall be established Qn the subject
property, provided that in the event one unit is occupied as
the residence of the manager, no more than fiftleen (15) motel
or hotel units may be established. Retail floor area shall
not exceed 1900 sq. feet and restaurant space shall not exceed
1000 sq. ft., unless the restaurant is deleted from the plans,
in which case retail floor area may not exceed 2900 sq. ft.
Washington state law (RCW 70.62) provides rE!gulations for
transient accommodations having three or more units.
Transient accommodations must meet regulations established by
the Washington state Board of Health, the Washington State
Department of Social and Health services, and 'the state Fire
Marshall.
10.
11.
On March 6, 1990 the City Council issued a Mitigated
Determination of Nonsignificance (MDNS) on the proposed
project after review of the environmental checklist submitted
by the applicant pursuant to the Washington State
Environmental Policy Act. The mitigating condiitions added to
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
12.
the MDNS by the Council require the applicant to ins~all a
fire hydrant at the northeast corner of Water and Øonroe
Streets, and meet the above-referenced parking requirements.
The Shoreline Commission, at its December 15, 1993 public
hearing, found that the proposal is located within the Civic
sub-district of the Port Townsend Urban Waterfront Special
District, and that the subject property is within the 200 feet
of the waters of the shoreline of the state and subject to the
SMP and Shoreline Management Act. Furthermore, the Commission
concurred with the advise rendered by Dennis McLerran, City
Attorney, in his memorandum to the Commission dated December
14; 1993 (see Exhibit 8 and 9).
The transcript of the Commission's October 26, 1992, public
hearing on the (proposed) shoreline amendments and the
transcript of the çi ty Council/County Commissioners ,Joint
Meeting on the (proposed) shoreline amendments document the
Commission's discussion and recommendations to change the Pt.
Hudson sub-district boundary (see Exhibit 10). Tne Commission
recommended excluding the Thomas oil property and James Swan
Hotel property from the Pt. Hudson sub-district and including
these two properties within the civic sub-district. The City
Council subsequently approved Ordinance 2320, with the amended
map Appendix C Subdistricts: Port Townsend Urban
Waterfront Special District (see Exhibit 11).
Other Required Permits
13.
1.
Shoreline Conditional Use Permit, city of Port Townsend
2.
Zoning Conditional Use Permit, City of Port Townsend
3.
Building Permit, City of Port Townsend
Public Notice
1.
Notice of application was made by publishing legal notic:es in
the November 3, and November 10, 1993, editions of the. Port
Townsend - Jefferson County Leader. Adjacent property owners
within 300 feet of the subject property were notified by mail.
Notice of public hearing to be held on December 15th, 1993 was
made by publishing a legal notice in the December 1, 1993,
edition of the Port Townsend - Jefferson County Leader.
2.
3.
The proposal has been reviewed in accordance with the
Washington state Environmental Policy Act (WAC 197-11) by the
city of Port Townsend as lead agency. Notice of the DNS was
published in the May 8, 1990 edition of the Port Townsend -
Jefferson County Leader.
Written Testimony
1.
E. Zahn submitted written comments insisting shoreline
protection and indicating that shoreline development is unwise
as storms do arise.
2.
A letter from Mark Beaufait, dated December 9, suggests that
the proposed project is a primary use rather than a
conditiopal use and that the proposal should be evaluated as
being in the general urban zone and not within the civic sub-
district of the Port Townsend Urban Waterfront special
District (see ~~hibit 8).
3.
A memorandum from Dennis McLerran, City Attorney, dated
December 14, was submi ttfCI4 if! response to Mr. Beaufai t' s
letter. Mr. McLerran q~Yt~'R tnß Shoreline Commission that
the proposal site shoulq þ~ çQ~sidered under the Civic sub-
, " "
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
district provisions in section 4.106, Port TOIinsend Urban
Waterfront Special District.
Applicable Shoreline Master Program Policies and Standards::
1.
The Jefferson-Port Townsend Shoreline Management Master
Program (herein, Master Program) requires that a shoreline
substantial development permit be issued by the City of Port
Townsend for development of the proposal. The policies and
performance standards of the following sections of the Master
Program should be consistent with the proposal:
0 4.105, "Urban Designation";
0 4.106, "Port Townsend Urban Waterfront Special Dist.
0 4.203, "Conditional Uses";
0 5.50, "Commercial Development";
0 5.140, "Parking Facilities";
0 5.200, "utilities";
2.
section 4.105 describes an "Urban Designation" as an area
of high intensity land use, including transient uses and
commercial development. Development in this environment
shall be limited to water-dependent, water-related, or
water-enjoyment uses. Non-water-development, such as the
proposed hotel/mixed use building, is not a preferred
use, but may be allowed as a conditional use, if such
development makes provisions for public access. TheBe
developments shall include provisions to enhance the
public's use of the shoreline, such as public access
easements or enhancement of a street-end or park ,. and be
recorded with the County Auditor. Any structure shall
not be over 35 feet in height, shall be designed not to
block or interfere with the public's visual and physical
access, should be attractive from the water, and shall
include measures to protect water quality.
3.
section 4.106 outlines additional policies and standards for
the Port Townsend Urban Waterfront Special Dis'trict of the
Master Program. The proposal is located within the civic sub-
district of the special overlay district. Hotel/mixed use
development in the civic district is subject to t:he following
standards:
(9)
Residential or transient accommodation uses may be
permitted as a conditional use, provided that each of the
following conditions are met in addition to the criteria
set forth in Subsection 4.203.
a.
Residential and transient accommodation uses shall
not occupy any portion of the ground floor of any
buildings. Accessory uses, such as lobbies, which
provide services or access to residential or
transient accommodations are allowed on the ground
floor.
b.
A minimum of fifty (50%) of the total ground floor
area of all buildings which include any residential
or transient accommodation uses shall be reserved
on a continuous basis for water-orient:ed uses.
As the proposal is located within the civic sub-district, and not
the Historic Commercial sub-district, it is not subject to any
exemptions to (9) above. The proposed building, as dE~signed, does
not include any transient accommodations on the ground floor. As
allowed under (9a.) above, a lobby is proposed for the ground
floor.
The ground floor of the proposed building would include a total of
1900 sq. ft. of retail uses, and 1000 sq. ft. of res1:aurant uses.
To be consistent with (9b.) above, the project must provide for 50%
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
of the total ground floor being reserved for water-oriented uses.
A restaurant is co~sidered a water-oriented use.
Ground Floor
Retail Uses
Restaurant Uses
Lobby
1900 sq. ft.
1000 sq. ft.
400 sq. ft.
3300 sq. ft. total
50% of 3300 sq ft = 1650 sq. ft. required to be reserved for
water-oriented uses
Appendix D of the SMP lists examples of water-oriented uses; a
restaurant is considered a water-enjoyment use.
1650 sq ft
-1000 sq ft (restaurant is water-oriented use)
650 sq ft of retail spaces to be reserved
oriented uses
for water-
5.
section 4.202, defines "Secondary Uses," are those uses which
are not deemed "preferable" within a particular shoreline
designation. The proposal incorporates parking facilities
which are secondary uses. Parking should be found to be
consistent with the policies and standards of the master
program, should not materially interfere with the public use
of public lands or waters, and should not cause unnecessary
adverse effects on the environment or other properties.
6.
section 4.203, "Conditional Uses," are those uses deemed least
preferable in a particular shoreline designation. The
proposed hotel/mixed use building is a conditional use, and
the applicant has the burden of proof to demonstrate the
project is in conformance with WAC 173-14-140, as amended, and
all of the following conditional use criteria of the Master
Program:
a.
That the proposed use is consistent with the policies of
RCW 90.58.020 and the policies of the Master Program;
That the proposed use will not interfere with the normal
public use of public shorelines;
That the proposed use of the site and design of the
project is compatible with other permitted uses within
the area;
That the proposed use will cause no unreasonable adverse
effects to the shoreline environment in which it is to be
located; and
That the public interest suffers no substantial
detrimental effect. In those limited instances where a
conditional use is proposed, consideration shall be given
to the cumulative impact of additional requests for
similar actions in the area.
b.
c.
d.
e.
Furthermore, the Shoreline Management Act requires that
permits for variances and conditional uses must be submitted
to the Washington state Department of Ecology for final
approval.
In authorizing a conditional use permit, special conditions
may be required by the city of Port Townsend, or the
Washington State Department of Ecology to control or prevent
adverse effects of a project or to further the policies of the
Shoreline Management Act and the Master Program.
7.
Section 5.50, "Commercial Development," sets pertinent
policies and performance standards which apply to the proposed
mixed use portion of the development. Under this section, the
restaurant should be consistent with, but not limited to the
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20,1993, Cont.
following standards: be setback of a minimum of 15 feet from
the ordinary high water mark; should not significantly
obstruct views; should provide adequate parking; and, should
screen waste disposal facilities.
8.
Section 5.140, "Parking Facilities," requires the applicant
locate parking facilities as far as practicable away from the
water's edge, provide adequate parking spaces for associated
uses, provide surface runoff and pollution controls, and
provide lighting which will not cause glare on adjacent
properties or water bodies.
9.
section 5.200, "utilities," includes policies and standards
which recommends that utilities should be installed adjacent
to rights-of-way, and be placed underground wherever feasible;
should not affect water quality or marine habitat; prevent
sil tation; and, that degraded areas should be rE!planted with
native species.
Conclusions:
1.
Because the location of the proposed development is separated
from the shoreline by street right-of-ways to th~~ south (Port
Townsend Bay) and to the east (Point Hudson :Marina), the
applicant is not required to provide public access
improvements to the shoreline. However, the applicant is
required to provide upgraded sidewalks and landscaping along
the Water and Monroe Street right-of-ways. These public
improvements meet the policy intent contained in the Master
Program under section 4.106. The ShorelinE~ Commission
concludes that the proposed building, a conditional use, could
be authorized because such improvements meet the public access
directive of the Shoreline Management Act and is commensurate
with the degree of impact caused by the development.
2.
Pursuant to section 4.106, the proposed building does not
exceed the 34 foot building height limit, and has been
conditioned and approved by the Historic Preservation
commission to assure that the proposal does not detract from
the architectural integrity of the Historic District.
3.
Pursuant to section 4.106, the subject property is within the
ci vic sub-district, which requires that nE!W transient
accommodation development should not be allowed unless
included as part of a mixed use project incorporating water-
oriented uses on the ground floor. Under the conditions
prescribed below, the proposed ground floor development is
consistent with the applicable policies and performance
standards in this section prohibiting transient accommodations
on the ground floor and by reserving 50% of the total of the
ground floor area for water-oriented uses.
4.
The revised (zoning) conditional use permit is consistent with
the city's parking ordinance (17.30 PTMC). Parking spaces are
planned to be located underground the new building and would
be setback at least 150 feet from the ordinary high water
mark. Traffic and internal vehicle circulation concerns have
been addressed through SEPA and zoning developmEmt review.
5.
The proposed hotel/mixed use building is a conditional use
which must be in conformance with WAC 173-14-140 and criteria
of the Master Program. The Shoreline Commission concludes
that the following conclusions demonstrate that the proposed
building is consistent with the conditional use policies,
standards and criteria of this Master Program:
(1) Under the conditions listed below, the proposed mixed use
building is consistent with the policies of RCW 90.58.020, and
the policies of the Master Program.
497
498
MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
(2) The planned pedestrian and landscaping improvements along
Water and Monroe streets would improve public access to the
marina and shoreline of Port Townsend Bay. The proposed
building would enhance the current use of the subject
property, and would not interfere with any existing public use
of the shoreline.
(3) The proposed building will not significantly impact
views of adjacent properties and is compatible with other
permi tted uses in the area. The distance between the proposed
development and the Port Townsend Bay to the south and Point
Hudson Marina to the east provides a sufficient buffer that
effectively mitigates any potential shoreline impacts, and
contributes to the compatibility of the development with the
surrounding area.
The design of the proposed project has been found by the
Historic Preservation commission (HPC) to contribute to the
Port Townsend Historic District. Designation by the HPC as
"contributing" represents consistency wi th established
district guidelines for exterior and site design. A key
aspect of the review was to evaluate the contextual setting to
the proposed design as compared to existing structures and
natural features. The design of the proposed project was
found to be appropriate in relation to the design of the
immediate area.
(4) The proposed project will not cause unreasonable adverse
effects to the shoreline environment in which it is to be
located. The probability of significant adverse environmental
impacts has been evaluated through the SEPA process. The
environmental review found no significant adverse
environmental impacts from the proposal. Specific measures
intended to mitigate adverse environmental impacts disclosed
during SEPA review have been agreed upon, and a Mitigated
Determination of Non-significance has been issued.
(5) The proposed project would not have
detrimental effect on the public interest:
a
substantial
a.
The proposed public nature of the development
(restaurant, hotel, retail shops) enhances the public use
of the site as compared to existing conditions.
b.
The proposed project is consistent with the City's
Urban Waterfront Plan, which encourages mixed use
developments and water-enjoyment uses (e.g.
restaurants) in this district.
c.
The construction of the restaurant portion of the ground
floor and other area reserved for water-oriented uses
witþin the proposed building would make the development
more consistent with the provisions of the City's
Shoreline Master Program.
d.
The proposal would be an infill building situated
on a property already developed for transient
accommodation uses. The project would not displace
any water-oriented uses. Rather, the proposal
enhances the shoreline jurisdiction by promoting
water-oriented uses. The possibility of cumulative
impacts from similar proposals is limited due to
the unique location of the proposed infill site,
and by its present use for transient
accommodations.
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20,1993, Cont.
Conditions:
Issuance of a shoreline substantial development permit for the
proposed project requires compliance with the Washington state
Shoreline Management Act and the applicable policies and
performance standards of the Port Townsend Shoreline Management
Master Program. The Shoreline Advisory Commission recommends
approval of the proposal with the following conditions:
1.
The shoreline permit shall include all Findings, Conclusions
and Mi tigation Measures set forth in the Mi tigated
Determination of Nonsignificance, issued by the City Council
on March 3,1992; the conditions of the Historic Preservation
commission approval dated October 8. 1992; conditions of the
City Council approval on city Conditional Use Permit 8912-07,
and any additional conditions imposed in connection with plans
submitted for approval prior to issuance of a building permit.
2.
No transient accommodations shall be allowed on the ground
floor of the new building.
3.
Fifty percent (50%) of the ground floor area shall be reserved
for water-oriented uses. Those areas reserved for water-
oriented uses shall not be used for non-water-oriented uses.
The City shall prohibit occupancy by non-water oriented uses
in areas reserved for water-oriented uses. The 1:otal area to
be reserved for water-oriented uses shall be included in the
restricti ve covenants required under the conditional use
permi t #8912-07 and shall be recorded as a deed rE~striction on
the title report. Water-oriented uses shall be consistent
with the list in Appendix D of the SMP.
Shoreline Conditional Use Permits:
Pursuant to RCW 90.53.200 and WAC 173-14-060, construction or
substantial progress toward construction of a project: for which a
substantial conditional use permit has been granted pursuant~ to the
Shoreline Management Act must be undertaken within two years after
date of approval. The project must be completed within five years
and a one year extension may be considered.
Appeal to the Shoreline Hearings Board:
Pursuant to RCW 90.58.130 and WAC 173-14-174 any person aggrieved
by the City's final decision on the Shoreline Substantial
Development Permit may seek appeal to the state Shorelines Hearing
Board. All requests for review shall be concurrently filed with
the Shoreline Hearings Board, the Department of Ecol09Y, and State
Attorney General wi thin 30 days of the date the Department of
Ecology receives the City's decision. The request for review must
contain items required by WAC 461-08-055.
Exhibits:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5a/b:
Exhibit 6:
Exhibit 7a/b:
Exhibit 8:
Exhibit 9:
Exhibit 10:
Vicinity Map
Existing Conditions
site Plan
OHWM Map
Plan elevations
Garage Plan
Landscaping Plan
Letter from Mark Beaufait, dated December 10 1993.
Memo from Dennis McLerran, dated December 14 1993.
Transcript of 10/21/92 and 10/25/92 public
meetings regarding shoreline amendmen1:s.
Appendix C from Ordinance 2320.
Exhibit 11:
After respectful consideration of the above-referenced application,
and after timely notification and hearing, the Port ~rownsend City
499
500
MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
Council hereby approves the Swan Hotel Shoreline Conditional Use
Permit Application 9310-02.
Councilmember Sokol returned to the Chambers.
Ordinance Establishing a Process for Reservation of Water Service
by Property Owners from the City Water utility for Areas Located
within the Utility's outside of City Service Area and Prohibiting
the Establishment of Additional Irrigation Taps in that Area. Mr
Wheeler and Mr McLerran explained the ordinance. Mayor Clise
opened the hearing to the Public. John Swallow was recognized and
spoke in favor of a letter to know if water is available to a piece
of property instead of a reservation process that requires a fee.
Mr Swallow also suggested that an adjustment in the fee be made for
people who are going through the process of a subdivision. Kathryn
Jenks was recognized and read a letter from the Water Advisory
Commi ttee favoring the pre-commitment process outlined in the
ordinance. Ms Jenks spoke in favor of water being available to the
small land owner as well as large developers. There being no
further testimony, Mayor Clise closed the hearing to the Public and
turned to Council for disposition.
ORDINANCE NO 2387
AN ORDINANCE ESTABLISHING A PROCESS FOR
RESERVATION OF WATER SERVICE BY PROPERTY
OWNERS FROM THE CITY WATER UTILITY FOR AREAS
LOCATED WITHIN THE UTILITY'S OUTSIDE OF CITY
SERVICE AREA AND PROHIBITING THE ESTABLISHMENT
OF ADDITIONAL IRRIGATION TAPS IN THAT AREA AND
ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1,
1994.
A lengthy discussion ensued about the $300.00 application fee,
staff review, an interest bearing account, refunds, pre-application
review, water rights and water law terminology "beneficial use" and
"perfection of the water reservation", speculation and water
availabili ty, sources for irrigation water, development of a
manual, including Mr McLerran, Mr Wheeler and Ms Jenks. Mr Grove
read the ordinance by title. Councilmember McCulloch made a motion
that the first reading be considered the second and the third be by
title only which was seconded by Councilmember Owsley and passed
unanimously by voice vote. Mr Grove again read the ordinance by
title. Councilmember McCulloch made a motion that the Council
adopt Ordinance No 2387 which was seconded by Councilmember Sokol
and passed unanimously by roll call vote.
RECESS
Mayor Clise declared a
reconvened at 9:18 PM.
at
PM.
The meeting was
9:10
recess
NEW BUSINESS
City Support of Maag Coastal Loan Application. Councilmember
Wolpin left the Chambers. Bart Phillips, EDC, explained that this
does not obligate the City in any way as the loan is administered
by the Department of ComInunity Development and is a gap financing
fund used by the EDC and that this is the second loan this year.
Councilmember sokol made a motion that the Council support the
Coastal Loan Application for $30,000.00 for Randy Maag which was
seconded by Councilmember Jones and passed unanimously by voice
vote.
Councilmember Wolpin returned to the Chambers.
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
UNFINISHED BUSINESS
Ordinance No 2385 Amending 1993 Budget.
ORDINANCE NO 2385
AN ORDINANCE APPROPRIATING THE SUM OF $75,377
TO THE CURRENT EXPENSE FUND, $2,800 TO 'I'HE
LIBRARY FUND, $7,250 TO THE PARK FUND, $1,000
TO THE HOTEL/MOTEL TRANSIENT TAX FUND, $2,341
TO THE 1993 LIMITED TAX GENERAL OBLIGATION
BOND REDEMPTION FUND, $10,672 TO THE EMERGENCY
MEDICAL SERVICES FUND, $12,000 TO THE CAPI'I'AL
IMPROVEMENT FUND, $2,500,000 TO THE 1992
WASTEWATER TREATMENT PLANT CONSTRUCTION FUND,
$6,300 TO THE 1993 GENERAL OBLIGATION BOND
CONSTRUCTION FUND, $24,124 TO THE LOCAL
IMPROVEMENT DISTRICT NO 1 FUND, $10,675 TO 'I'HE
PORT TOWNSEND LOCAL IMPROVEMENT GUARAN'I'EE
FUND, MAKING FINDINGS AND DECLARING AN
EMERGENCY.
Mr Grove explained that this is the second reading of t:he Ordinance
and read it by title. Councilmember Owsley made a mot:ion that the
second reading be considered the third and the third reading be by
title only which was seconded by Councilmember Sokol and passed
unanimously by voice vote. Councilmember Wolpin made a motion that
the Council adopt Ordinance No 2385 which was seconded by
Councilmember Camfield and passed unanimously by roll call vote.
Ordinance Adopting 1994 City Budget and Capital ImprovE~ment Progam.
ORDINANCE NO 2388
AN ORDINANCE FIXING AND ADOPTING THE 1994
BUDGET FOR THE GENERAL CITY GOVERNMENT, ,]~HE
WATER-SEWER UTILITIES, THE STORM AND SURF}~CE
WATER UTILITY AND BOND REDEMPTION FUNDS }~ND
APPROVING THE CAPITAL IMPROVEMENT PROGRAM AS
ATTACHED.
Mr Grove explained the ordinance. Mr Wheeler explained changes
made due to damage to the Quilcene Dam. A brief discussion of the
changes ensued. Mr Grove read the ordinance by title. Council-
member Owsley made a motion that the first reading be considered
the second and the third be by title only which was seconded by
Councilmember Westerman and passed by voice vote with six Council-
members voting in the affirmative and Councilmember Jones voting
against the motion. Mr Grove again read the ordinance by title.
Councilmember Owsley made a motion that the Council adopt Ordinance
No 238B which was seconded by Councilmember Camfield. After
discussion of the changes including Mr Grove, Mr Whe,eler, and Mr
McLerran, the Capi tal Improvement Program was attached to the
ordinance. The motion passed by roll call vote with six Council-
members voting in the affirmative and Councilmember Jones voting
against the motion.
Modification to existing Ordinances. Mr Wheeler ~xplained the
changes to the following ordinances numbered 2389 ancl 2390.
Water Rates.
501
502
MINUTES OF THE REGULAR SESSION OF DECEMBER 20,1993, Cont.
ORDINANCE NO 2389
AN ORDINANCE AMENDING SECTION 13.12.220 OF THE
PORT TOWNSEND MUNICIPAL CODE TO REMOVE
SUBSECTION F REGARDING CONVERSION OF
IRRIGATION TAPS AND ESTABLISHING AN EFFECTIVE
DATE OF JANUARY 1,1994.
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
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 2389 which was seconded by
Councilmember McCulloch and passed unanimously by roll call vote.
System Development Charges.
ORDINANCE NO 2390
AN ORDINANCE AMENDING ORDINANCE 2380 TO
CLARIFY THE COLLECTION OF SYSTEM DEVELOPMENT
CHARGES WHERE CONVERSION OF IRRIGATION TAPS
OCCURS, TO REMOVE REFERENCES TO CHARGES FOR
DUPLEXES AND TO CLARIFY THE METHOD FOR PHASING
IN OF SYSTEM DEVELOPMENT CHARGES AND
ESTABLISHING AN EFFECTIVE DATE.
After discussion, Mr Grove read the ordinance by title. Council-
member Wolpin made a motion that the first reading be considered
the second and the third be by title only which was seconded by
Councilmember Owsley and passed unanimously by voice vote. Mr
Grove again read the ordinance by title. Councilmember Westerman
made a motion that the Council adopt Ordinance No 2390 which was
seconded by Councilmember Camfield and passed unanimously by roll
call vote.
Fees and Charges.
ORDINANCE NO 2391
AN ORDINANCE AMENDING ORDINANCE 2383
INCREASING CERTAIN FEES AND CHARGES FOR
SERVICES OF THE DEPARTMENT OF PUBLIC WORKS BY
AMENDING SECTION 3.36.020 OF THE PORT TOWNSEND
MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE
DATE OF JANUARY 1,1994.
Mr Wheeler explained the ordinance. After a brief discussion,Mr
Grove read the ordinance by title. Councilmember Camfield 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 Wolpin made a motion that the
Council adopt Ordinance No 2391 which was seconded by Councilmember
McCulloch and passed unanimously by roll call vote.
NEW BUSINESS
Utility Bill Credit Requests. Mr Grove explained two requests for
relief for utility bills from Frankalene Bower for the Redman's
Cemetery and from Bob Bates for the Jefferson County Fair at the
Fairgrounds. After discussion, Councilmember Wolpin made a motion
to forgive the amount over the normal monthly bill plus penalty for
the Redman's Cemetery which was seconded by Councilmember Jones.
After discussion of criteria for future requests regarding
vandalism, insurance, and preventative action, the motion passed
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MINUTES OF THE REGULAR SESSION OF DECEMBER 20,1993, Cont.
unanimously by voice vote. After discussion of the Fairgrounds
bill including Jim Engle, Water Superintendent, Councilmember
wolpin made a motion that $191.76 be forgiven on the water and
$415.58 be forgiven on the sewer portion of the bill with the
provision that the insurance coverage be checked on and that ways
to prevent this from happening again be looked into was seconded by
Councilmember McCulloch and passed unanimously by voice vote. Mr
Grove will write a letter for each of these actions.
Draft Amendment to the Department of Health Agreed Order for Safe
Water Treatment Rule Compliance. Mr Wheeler explained the
amendment to the Department of Health Agreed Order. Kathryn Jenks,
representing the Water Advisory committee, was recognized and read
a letter from the Committee advising Council of their support of
the proposed City response to the Order. After further discussion,
Councilmember Sokol made a motion that Council approve sending the
dates and changes recommended by staff to be insert~ed into the
draft amendment to the Department of Health which was seconded by
Councilmember McCulloch and passed unanimously by voice vote.
MAYOR'S REPORT
Mayor Clise wished everyone Happy Holidays.
COMMITTEE REPORTS/STAFF REPORTS
Library. Librarian Cheryl Silverblatt was recognized and reported
on the two grants awarded to the Library: a Service Grant, which is
an outreach for children in daycare, and a Technology Grant: for a
securi ty system for the Library. A brief discussion of' maintenance
costs for the security system ensued.
Parks/Property. Councilmember Camfield reported that t:he Cornmi ttee
has discussed the Bob Little's Pink House proposal wi t:h Mr Little.
One of the concepts was for the city to lease the building back for
use as a Clerk's Office which could facilitate the city Attorney
moving into City Hall. After a brief discussion, Councilmember
McCulloch made a motion that the Council approve this. proposal in
concept and authorize staff to continue discussion including the
new Parks/Property Committee which was seconded by Councilmember
Camfield and passed unanimously by voice vote.
Street/Storm Drainage/Light. Councilmember Jones reported 'that he
has a letter addressed to the street Committee that he will turn
over to the new Committee.
Parks/Property. Councilmember Camfield requested a response to a
letter from Amy Limber in opposition to a proposed trade of
property near the Golf Course.
Public Works. Mr Wheeler reported that there will be three
collection sites for Christmas trees: the City Maint:enance Shop,
the Safeway parking lot and the stock Market Foods parking lot
where a $3.00 donation to the Boy Scouts will be requested since
they are doing it. The WasteWater Treatment Plant staff will be
assisting. Trees can also be dropped off at the Composting Site at
no charge.
Mr Wheeler also reported that the Composting Si tE~ is now in
operation and that a grand opening will be held in the future.
Mr Wheeler reported that the Public Works Department is working
hard on the graveled streets in town and explained some of the
process involved.
Mr Wheeler reported that the Pope Marine Building project is moving
along well and should be finished by February. The Rotary Club is
donating the paint for the outside of the building.
503
504
MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1993, Cont.
Mr Wheeler also reported that there was about six inches of rain
within a 24 hour period in the water shed a few weeks ago but there
was no damage to the Big Quilcene Dam or structures even though the
water was very high. Some clean-up projects in the area are being
worked on with the Forest Service. Damage definitely occurred to
the dam on the Little Quilcene, and we are working with the Port
Townsend Paper Mill to repair it.
City Lake Timber from Citifor, Inc
RESOLUTION NO 93-149
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN
AGREEMENT WITH CITIFOR, INC, REGARDING THE
PURCHASE OF TIMBER AND AN AGREEMENT
MEMORIALIZING THE UNDERSTANDINGS WHICH
UNDERLIE BOTH THE TIMBER PURCHASE AND THE
NEGOTIATIONS REGARDING THE ACQUISITION OF LAND
WITHIN THE CITY LAKE WATERSHED AND AUTHORIZING
THE CLERK/TREASURER TO ISSUE WARRANTS FOR THE
PURCHASE OF TIMBER FROM CITIFOR, INC.
Mr Wheeler and Mr McLerran explained the resolution. After a brief
discussion, Councilmember Jones made a motion that the Council
adopt Resolution No 93-149 which was seconded by Councilmember
Westerman and passed unanimously by voice vote.
Clerk-Treasurer. Mr Grove reported that a recommendation for the
Cable Television rates could be ready by the second meeting in
January. After a brief discussion including Mr McLerran, Council-
member Sokol made a motion that the deadline to ensure that a rate
is within the FCC's reasonable rate standard be extended for an
additional 90 days which was seconded by Councilmember Jones and
passed unanimously by voice vote.
Planning and Building. Mr Hildt reported that he is now in the
process of interviewing for the two vacancies in his department and
that the Building Inspector has passed the Plumbing Code
Certification.
City Attorney. Mr McLerran reported that he is in the process of
replacing Ann Emken, Legal Assistant, who has announced she will be
leaving in January.
ADJOURNMENT
There being no further business,
that the meeting be adjourned
Attest:
.
Jones made a motion
~~
Clerk-Treasurer
MINUTES OF THE REGULAR SESSION OF JANUARY 3,1994
The City Council of the City of Port Townsend met in regular
session this Third day of January, 1994, at 7:00 PM in the Council
Chambers of City Hall, Mayor John M Clise presiding.
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