HomeMy WebLinkAboutPort of Port Townsend & Jefferson PUD-MOU Sims Gateway and Boatyard Expansion ProjectTownseM
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MEMORANDUM OF UNDERSTANDING (MOU):
SIMS GATEWAY & BOATYARD EXPANSION PROJECT
Parties to the Agreement ("the Parties"):
1. The City of Port Townsend (City), a non -charter code city and municipal corporation of the State
of Washington. The City owns the Kah Tai Nature Park and is responsible for management of the
SR20 right-of-way outside of the existing pavement.
The Port of Port Townsend (Port), a special purpose district organized in the State of
Washington to own and operate maritime, aviation, commercial, and industrial facilities
throughout Jefferson County. The Port owns Port Townsend Boat Haven Boatyard and Marina
immediately adjacent to Sims Way.
The Jefferson County Public Utility District No. 1 (PUD), a special purpose district organized in
the State of Washington to own and operate water, sewer, electric, and fiber optic utilities. The
PUD owns a 115 KV electrical transmission located in a utility easement that traverses the edge
of the Port's boatyard.
Project Background:
A safety issue concerning interaction between poplar trees along Sims Way and the power
transmission lines along the boatyard was discovered by the Port and confirmed by the PUD in
the summer of 2021.
The Port, PUD and City each recognized that they have unique and significant interests and
responsibilities involving the Sims Gateway Corridor:
a. The City owns Kah Tai Nature Park on the north side of Sims Way, is responsible for
managing the SR20 right-of-way, and is the general-purpose government under Chapter
36.70A RCW responsible for adopting and administering the comprehensive plan and
development regulations that govern the Gateway Corridor, including its Gateway
Development Plan (a subarea plan incorporated within the City's Comprehensive Plan);
b. The Port owns the Port Townsend Boatyard immediately abutting Sims Way in which
the overhead electrical transmission lines are located; and
c. The PUD owns a 115KV electrical transmission line that serves much of downtown Port
Townsend which is located along the Sims Way right-of-way.
Because a row of Lombardy poplar trees straddles the right-of-way line between SR 20 and the
Port of Port Townsend's Boat Haven Boatyard, the Parties agreed that a collaborative project
involving the City, the Port, and the PUD would most be the most efficient means to address the
CITY/PORT/PUD - MOU CONCERNING 1 SEPTEMBER 12, 2022
THE SIMS/GATEWAY PROJECT
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transmission line safety issue along the south side of Sims Way, expand the boatyard, and
implement the City's Gateway Development Plan.
3. In October 2021, the Parties submitted a joint application to the Jefferson County Public
Infrastructure Fund (PIF) Board requesting funding to complete a collaborative, multi -
jurisdictional, project involving tree removal, expansion of the Port's boatyard, undergrounding
of the PUD's electrical transmission lines, and associated streetscape improvements.
4. On November 15, 2021, the Jefferson County Board of County Commissioners approved the
Parties' PIF grant request for project funding in the amount of $1,000,000.
On November 10, 2021, and December 15, 2021, the Parties conducted townhall meetings to
apprise citizens of the anticipated scope of the PIF funded project and outline anticipated next
steps. Based on initial community feedback, the Parties agreed that a comprehensive public
process was needed to engage and inform the public, more fully develop project alternatives for
consideration by decisionmakers, and recommend a "preferred" alternative for implementation.
The public process agreed upon by the Parties involved the following:
a. Retaining a consultant to assist with developing project alternatives and to lead the
public engagement effort; and
Appointing a Citizen Stakeholder Committee to represent a diverse cross-section of
community interests, assist in refining the alternatives, and recommend a preferred
project alternative; and
Review and evaluation of the Stakeholder Committee's preferred alternative by the
City's Parks Recreation Trees and Trails Advisory Board (PRTTAB) together with a formal
recommendation by the PRTTAB to the City Council.
The Parties agreed that the Port should take the lead in soliciting qualifications from qualified
professionals to complete concept plans and specifications for the Sims Way Gateway Plan
Implementation and Boat Yard Expansion Project. On March 31, 2022, a Request for
Qualifications (RFQ) was published. Following a formal selection process, the Port selected SCJ
Alliance to assist the Parties with the project.
The City of Port Townsend took the lead in convening the Citizen Stakeholder Committee. The
Stakeholder Committee was comprised of nine members representing key interests and areas of
expertise, including Boatyard marine trades, Kah Tai Nature Park, arborists, landscapers, local
tourism, transportation, project constructability, environmental stewardship, and citizens at
large. The Stakeholder Committee met a total of eight times between April 12, 2022, and August
16, 2022, and held an open house on August 6, 2022, to invite public comment on the project.
9. On August 16, 2022, the Stakeholder Committee, consultant, and staff completed the process of
developing a preferred alternative for consideration by the PRTTAB. The preferred alternative
featured removal of the poplar trees along the boundary of the Port's boatyard, expansion of
CITY/PORT/PUD - MOU CONCERNING 2 SEPTEMBER 12, 2022
THE SIMS/GATEWAY PROJECT
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PUD
Jefferson County
Public Utility District
the boatyard to the Port's northerly ownership boundary and undergrounding of the PUD's 115
KV electrical transmission line. In arriving at its preferred alternative, the Stakeholder
Committee considered alternatives to full expansion, and a wide variety of factors ranging from
pedestrian mobility, environmental stewardship, boatyard/right-of-way interface, aesthetics,
and replacement tree and shrub species for the streetscape.
10. On August 23, 2022, the City's PRTTAB considered the work of the Stakeholder Committee along
with the public comments from the open house, emails, and in -person comments. The PRTTAB
endorsed the preferred alternative developed by the Stakeholder Committee and staff and
recommended it to the City Council with the understanding that it would also be reviewed and
considered by the Port and PUD Commissions.
11. Throughout the above -described public engagement effort, the Parties have sought to provide
the public with timely and complete information concerning the project and decision -making
timeline and process. The City's "Engage PT" website and Sims Gateway Boatyard Expansion
Project page has been used throughout the effort to accomplish this, and citizens have been
afforded a variety of means to stay informed and participate, including the following: video and
in -person attendance of all Stakeholder Committee meetings and the meeting of the PRTTAB;
opportunities to submit comments online via the "Engage PT" website; and attendance and
participation in a public Open House meeting held on August 6, 2022.
12. Separate and distinct from the project scope described in this MOU, the Parties understand and
acknowledge the PUD's need to undertake near -term steps to ensure safe and reliable electrical
power supply to the community that may involve the trimming or removal of selected poplar
trees consistent with its statutory and regulatory authority under RCW 64.12.035 and 197-11-
800(23)(c).
Project Scope:
The preferred alternative developed by the Stakeholder Committee and recommended by the City's
PRTTAB incorporates the following key features:
• Expansion of the Port Townsend Boatyard to the Port's north property line;
• Removal of the poplar trees on the south side of Sims Way adjacent to the boatyard;
• Placing the 115 KV electrical transmission powerlines underground;
• Replacing the existing substandard power supply to the boatyard with upgraded
electrical distribution infrastructure and capacity;
• Replanting the right-of-way adjacent to the boatyard with appropriate street trees and
shrubs;
• Installing a pedestrian path between Haines Street and the existing sidewalk near
Benedict Street; and
• Over time, thinning and replacing the poplars on the north side of Sims Way (i.e., the
south side of Kah Tai Nature Park).
CITY/PORT/PUD - MOU CONCERNING 3 SEPTEMBER 12, 2022
THE SIMS/GATEWAY PROJECT
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Project Implementation:
PUD
Jefferson County
Public Utility District
The parties will work together to implement the project scope as set forth below.
City Responsibilities:
1. Sims Gateway & Boatyard Expansion Project. In its role as property owner and right-of-way
manager, the City will move forward with the PRTTAB's preferred alternative which includes
pedestrian improvements and new tree plantings along Sims Way/SR 20 on the boatyard
side and a gradual thinning of the Lombardy poplars on the Kah Tai Nature Park side. The
City will be the lead entity for work on the Kah Tai side of Sims Way.
2. Planning. The City will initiate a separate process to incorporate the work of the Stakeholder
Committee and PRTTAB in amendments to the Gateway Development Plan and
Comprehensive Plan. Subsequent plan amendments will be subject to programmatic
environmental review under the State Environmental Policy Act (SEPA), Chapter 43.21C
RCW as required by law.
Permitting. The City will process any permits related to the project described in this MOU
as required by law. The intent of Section 3 is to distinguish the City's dual role as project
owner and land use regulatory authority.
Port Commission Finding and Port Responsibilities: The Port Commission finds that the existing
conditions in the Port Townsend Boatyard with the proximity of the powerlines and poplars and vessels
in an area of mobile straddle crane operations is untenable and represents a significant threat to the
economic viability of the boatyard and marine trades in Jefferson County. Consistent with this finding,
the Port affirms the following:
1. Sims Gateway & Boatyard Expansion Project. The Port supports the recommendation of
the preferred alternative from the City's PRTTAB and reaffirms the Executive Director's
authority to advance the design and permitting of the Port Townsend Boatyard Expansion
Project. The Port will be the lead entity for project elements concerning the south side of
Sims Way, except for electrical utilities and infrastructure which are a PUD responsibility.
2. Collaboration. The Port will coordinate and collaborate with the City on elements of the
project in the Sims Way/SR 20 right-of-way and with the PUD on power distribution for the
boatyard.
CITY/PORT/PUD - MOU CONCERNING 4 SEPTEMBER 12, 2022
THE SIMS/GATEWAY PROJECT
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PUD Responsibilities:
Electrical Service and Safety. The Parties acknowledge that the PUD has independent
obligations and duties regarding the development, maintenance, and operation of its
electrical utility facilities and infrastructure. Nothing in this MOU limits the duties,
obligations, immunities, and actions that the PUD Board of Commissioners may take to
maintain and operate its facilities and infrastructure.
2. Sims Gateway & Boatyard Expansion Project. The PUD supports the recommendation of
the preferred alternative from the City's PRTTAB and reaffirms the General Manager's
authority to advance the design in coordination with the Port for work on south side of Sims
Way.
Collaboration. The PUD will collaborate and coordinate with the Port on the design and
construction of an electrical distribution system to serve the Boatyard.
APPROVED AND SIGNED THIS 12th day of September 2022 by the City of Port Townsend:
David Faber, Ma rrr�-NmmNNN_m� .
City of Port Townsend
Attest:
Alyssa Rodrigues, Cit��Cer
CITY/PORT/PUD - MOU CONCERNING
THE SIMS/GATEWAY PROJECT
Approved as to form:
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5 SEPTEMBER 12, 2022
DocuSign Envelope ID: 310215D6-F071-45E4-9947-6BECDD81F345
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Jefferson County
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APPROVED AND SIGNED THIS 121h day of September 2022 by the Port of Port Townsend:
Pamela A. Petranek, President
Port Commission
Attest:
Peter W. Hanke, Secretary
Port Commission
Carol L. Hasse, Vice President
Port Commission
Approved as to form:
Port AttdYWey
APPROVED AND SIGNED THIS 12th day of September 2022 by PUD No. 1 of Jefferson County:
10ocuftned by:
Dan Toepper, Secretary
Board of Commissioners
Attest:
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Jeff Randall, Vice President
Board of Commissioners
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Kenneth Collins, President
Board of Commissioners
Approved as to form:
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Joel Paisner,
Legal Counsel
CITY/PORT/PUD - MOU CONCERNING 6 SEPTEMBER 12, 2022
THE SIMS/GATEWAY PROJECT