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HomeMy WebLinkAbout07011996 PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 1, 1996 The City Council of the City of Port Townsend met in regular session this first day of July, 1996, at 6:00 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Dan Harpole, Diane Perry-Thompson, Ted Shoulberg, Ian Keith, Kathryn Jenks and Jean Camfield. Also present were City Clerk Para Kolacy, Police Sergeant Rick Oberlander, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Director of Building & Community Development Dave Robison, and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS Mayor McCulloch announced that the Public Hearings will not start before 7:00 p.m. and that a third Public Comment section has been added after New Business. The Mayor introduced Pam Kolacy and noted it was her first day as the new City Clerk. AGENDA CHANGES or ADDITIONS Public Hearings will follow the first Public Comment Section. CONSENT AGENDA Councilmember Harpole made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Davidson and passed unanimously by voice vote. Added to Channeling Communications: (Makers of the Motion and Second agreed.) oA letter dated June 25, 1996, from Mayor McCulloch to the Board of County Commissioners °A letter dated June 27, 1996, from Mr. Broders, Jefferson County Planning Commission Approval of the following Bills and Claims: 010 Current Expense $156,801.96 094 Garbage 37,252.65 110 Street 10,941.48 120 Library 3,410.51 130 Park 4,618.95 150 Hotel/Motel Transient Tax 14,850.00 180 Capital Improvement 25,000.00 321 Union Wharf Reconstruction 16,224.37 411 Water-Sewer 105,966.02 412 Storm and Surface Water 7,083.68 500 Equipment Rental 2,266.35 610 Firemen's Pension and Relief 1.019.33 Total $ 385,435.30 Approval of Resolutions: RESOLUTION NO. 96-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING JEFFERSON COUNTY SWIM ASSOCIATION POOL USE AGREEMENT FROM JULY 1, 1996 THROUGH JUNE 30, 1997 Communications: A letter dated June 6, 1996, to Mayor McCulloch and copied to Council, from the Jefferson County Board of County Commissioners, proposing a series of negotiating sessions to review policies surrounding the Glen Cove Urban Growth Area by the Joint Growth Management Steering Committee. (For information.) A letter dated June 12, 1996, to Governor Mike Lowry and copied to Council, from the Jefferson County Board of County Commissioners, asking for mediation between the County and City of Port Townsend to create a forum for substantive resolution of issues surrounding GMA compliance. (For information.) A letter dated June 12, 1996, from John Tuohael, Port Townsend commenting on the issues impacting the Comprehensive Plan. (For information.) A letter dated June 15, 1996, from Mel Dunivin, Secretary, Jefferson County Council of the Blind, regarding a wheelchair incident and requesting wheelchair ramps. (For information.) A letter dated June 18, 1996, from Homer Smith III, Homer Smith Insurance, Inc., requesting removal of trees fronting their office on Water and Adams Streets ( Parks, Recreation and Property Committee.) A letter dated June 19, 1996, from Larry G. Hall, regarding parking violations on Taylor south of Water Street during construction hours. (To Public Safety Committee.) A letter dated June 19, 1996, to the Board of Jefferson County Commissioners and copied to Council from Mr. Herbert F. Beck, President, Port of Port Townsend, urging the County to continue the Larry Scott Memorial Trail as depicted as Alternate B in the MDNS. (To Public Heating.) A letter dated June 25, 1996, from Mayor McCulloch to the Board of County Commissioners for Jefferson County regarding Comprehensive Plan issues. A letter dated June 27, 1996, from Richard Broders, Jefferson County Planning Commission regarding the Larry Scott Memorial Trail. This concludes the Consent Agenda. There were none. PUBLIC COMMENTS AD HOC COMMITTEE REPORTS Youth Ad Hoc Committee. Councilmember Harpole Reported: · Beach party with beach fire, July 4 Set meeting -- July 16, 1996, 7:00 p.m. Agenda: Councilmember Perry-Thompson Reported: · Attended workshop, Washington State University, Pullman along with Lela Hilton, Port Townsend's Washington Cooperative Extension Office, and Nigel O'Shea from the Boiler Room representing youth. Discussion items: Barriers to youth at school and ways to reduce barriers; Looking at children as gifted vs. problems -- Looking at children's potential not children at risk. Finance Committee. June 19, 1996 Discussion items: Councilmember Davidson Residential water meters. Many are at or have exceeded expected life and may be reading inaccurately. Public Works will make recommendation to Finance Committee for course of action. 1997 Utility Rate Study. Decided Public Works will not use 0 percent increase rate study; not realistic and not good use of resources. · Public Works Priorities; possible reorganization of Public Works Department and the need to deal with Parks Department successes resulting in greater use of resources. · 1997 Financial Goals and Objectives. (Possibly add performance standards in the future.) · Reviewed financial goals for Council Retreat Set meeting -- Agenda: Councilmember Shoulberg said he was ill and not able to the Finance Committee Meeting. He objected to the fact the rate model scenario will not be a 0 based rate increase. ~. Councilmember Keith June 24, 1996 Discussion items: · Amend Shorelines Master Program Set meeting -- Agenda: Park~, Recreation and Property_. Councilmember Harpole June 27, 1997 Discussion items: · Concert Benefit proceeds, $2,800. Half to go to planning process for the Parks and Recreation Plan; half to skateboard park and summer activities. · Skateboard park resurface. · Water taxi from Union Wharf to Alcohol Plant. · City street trees -- Homer Smith letter. Strong feelings from all sides. Deferred until winter months, Mayor will respond to letter and discuss as Council priority for next year. Parks Department currently pruning trees. Set meeting -- July 18, 1996, 4:00 p.m. Agenda: 35th Street Park/Union Wharf Reported: Needs assessment Public Safety_ Committee. Councilmember Jenks June 28, 1996 Discussion items: · Task list refined for public safety needs study. Will respond to Mr. Blackstone after discussion with Mayor. · Hendrik Taatgen Policing Advisory Board survey set for August 5 presentation to Council. Set meeting -- Agenda: Ir~. Councilmember Camfield Reported: Transportation Improvement Plan (TIP) -- 6 year plan Letter regarding wheelchair access. Public Works Director reported they had prioritized wheelchair access sites with help of concerned individuals. He said the Department has been proactive, though this was not high priority on the list for this year. They will move forward this summer, and will look at real estate excise tax funds to implement improvements. Mr. Wheeler will respond to the letter and will keep Councilmembers Camfield and Jenks informed. Mayor McCulloch suggested taking another tour with Mr. Dunivin. Set meeting -- Agenda: Utilities. Councilmember Shoulberg June 20 and 24, 1996 Discussion items: · PUD Discussion -- negotiations · Solid Waste (County) · Contracts with Skookum Set meeting -- Agenda: MAYOR'S REPORT Mayor Julie McCulloch noted that at the Annual Retreat in January Council had set priorities. She stated one of the objectives of the Mid-year Retreat was to do an evaluation of financial goals and priorities in advance of the budget process. She spoke of the astounding workload and the attempt to make it more manageable, and said in spite of that, progress is going remarkably well and is on schedule for much of the year's work. Mayor McCulloch said Council also discussed proposed financial goals, objectives and priorities for operation of the City that will be before the public at the next Council Meeting. She reported there were some fairly significant, though not major, changes regarding the way in which the City purchases equipment. She said the Finance Committee has also recommended 5 percent of the current expense fund be set aside as a contingency fund. Mayor McCulloch reported Council determined one way for the City to make the best use of resources was in the operation of the City Council business meetings. Changes recommended included starting earlier, having Committee reports and setting meeting dates before the formal business, and adding another public comment period. She said one of the major issues before the city is facilities. She pointed out the Public Safety Committee is working hard on interim public safety facilities, but there are other facilities needed; administrative and Public Works space is less and less sufficient, and that City Hall needs some renovations. She said the Council is looking at some strategic uses for the following year and at costs and obligations. She noted the next step is to synthesize those needs and determine how to get the greatest on productivity for the least amount of money. Mayor McCulloch reported attending the Regional Transportation Planning Organization quarterly meeting last Friday. She announced an all day workshop in Port Townsend July 26th at the Community Center. She reported she had not received an answer on the letter she wrote the County on the Growth Management Act with Comprehensive Plan concerns. Mayor McCulloch asked if there is interest in sister city relationships. School Superintendent Gene Medina has indicated there is interest in a Cultural Exchange with Japan in the Kobi region. She noted a Twin City in Canada and reported Twin City membership renewal is $200. Councilmember Keith spoke of the successful relationship with Jalapa, Mexico where infant mortaility has been reduced by 20%. Councilmember Harpole suggested obtaining more information. Councilmember Camfield indicated interest in the Japanese connection. STAFF REPORTS Public Works: Director Bob Wheeler San Juan Avenue Improvements Project. Mr. Wheeler reported on a preconstmction meeting at the end of June. He indicated US West reported they need 7-10 weeks to complete their improvements; although they received initial notice of the project in January 1995 and final plans in early 1996. The contractor (Lakeside Industries) is very concerned about US West's ability to complete their work within the time frame and is not willing to start until US West's work is complete. Mr. Wheeler said he has concern about the relationship of work with the start of school. He recommended processing a change order with Lakeside to delay the work for a year and reported Lakeside will not raise the cost. He noted the School District indicated it is a reasonable approach to put off the project at this time and the Transportation Committee felt probably it is best for the School District to delay until next year. He said the city will probably proceed with installation of the sewer line, Councilmember Shoulberg suggested this may be a breach of the franchise agreement, and suggested writing a letter of complaint to the Utilities and Transportation Commission. He noted the US West rate increase was denied due to their service standards. It was concluded that perhaps City Attorney McMahan would initiate something. Councilmember Jenks questioned a memorandum regarding the State revolving loan fund for the preservation of the Winona Wetland in Port Townsend and commended those involved. Police Department: Police Sgt. Rick Oberlander Reported a busy summer, with swing shift the busiest time. He stated Officer Ed Green has now been freed up for foot and bicycle patrol. Mayor McCulloch noted people returning for the Public Hearing portion of the meeting. She stated no motions had been made to this point. 6 PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. Lloyd Cahoon spoke about speed limit enforcement on the streets at the Boat Haven. He noted the area around Skookum is a fairly congested area and compared the limit to the 5 MPH speed limit at Point Hudson which has a feeling like a closed pedestrian mall with predominantly recreational use. Councilmember Keith pointed out the speed limit as an interim measure at the Boat Haven and said that the speed limit on Jefferson Street would become 15 MPH. City Attorney McMahan said any questions at that time should be directed to the police. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Mayor McCulloch opened the meeting to the Public for comment on the motions made by Council during the Committee/Staff reports. There being none, Mayor McCulloch closed the Public Comment portion of the meeting. PUBLIC HEARINGS Shorelines Substantial Development Permit Application SDP 9605-04 -- Jefferson County PW Department (Larry Scott Memorial Trail) Director of Building &Community Development Dave Robison made the staff presentation. He noted the trail is proposed to follow the abandoned railway west of the Port property. He said of the approximately 7 miles the Jefferson County Public Works Department requires for the recreational hiking and non-motorized vehicle trail, the only part for this City review is .75 mile within the City Limits (from the Haines Street Park and Ride to the Paper Mill). Mr. Robison pointed out there are two wetlands within the proposed site: · Wetland #1, Category 3 -- 50 foot buffer. (Port project close to edge of wetland buffer.) Low impact to wildlife. · Wetland #2 -- local water wetland. Used by shore birds on flyway. The three alternative routes for the Larry Scott Memorial Trail (LSMT) were outlined: · C -- Continue the entire trail along the shoreline on the raised abandoned railroad right of way. HAZARDS -- Bicycle and Pedestrian Safety. · B -- Skirt along the bluff and around the wetland to the edge of the Port expanded area to Port Townsend Lumber. HAZARDS -- Bluff Stability. · A -- Slight variation of the Port recommended Alternative B along the existing dirt road between the Port expanded area and the bluff. Not as much clearing and grading. In the Port easement of 1995, the Port indicated they would provide a dedicated floating easement across the Port property to allow the LSMT. Since the draft Environmental Impact Statement (EIS) has come out, the Port and County have not agreed on a route. Mr. Robison said each proposed route has been reviewed by the SEPA process. He noted that parking requirements were satisfied by the Haines Street Park and Ride. He said the draft staff report concluded the proposed trail is a passive recreational use and is listed as a primary use under the Shorelines Management Act, so is permitted outright. Six letters were received including: · T.F. Belgard, stating the project is not financially sound and may not be legal. · Lloyd Cahoon, Port of Port Townsend Manager, commenting on the Port's support for Alternative B and stating environmental and safety concerns about Alternative C. Mayor McCulloch asked for Council questions: Councilmember Shoulberg noted the three altematives and asked if Council was allowed to make recommendation of a preferred alternative. City Attorney McMahan said it would be possible for Council to make recommendation to the parties concerned, but they would need to craft findings saying the other choices were not consistent with the laws, Shoreline Master Plan, etc., as mitigated. Councilmember Jenks asked if Staff is recommending an alternative. Mr. Robison said Alternative C has fewer impacts. Ms. Jenks questioned approving this permit application with inclusion of the various alternatives. Attorney McMahan cautioned that the two projects under consideration this evening are connected, but separate applications. After further discussion he pointed out that Council could continue this hearing at a later date. Mr. Shoulberg asked with respect for the public in the audience, whether testimony could be recorded but action be delayed until further information is received. Attorney McMahan said they could take further testimony at the next meeting. Mayor McCulloch opened the hearing to the public. IN FAVOR: Proponent Frank Gifford, Jefferson County Public Works said his main intent is to keep options open, work with the Port and come up with a good solution. Mr. Lloyd Cahoon, Manager of Port of Port Townsend, said the Port favors Alternative B and indicated letters in the record showing that this has been the County and Port's favored route since 1993. He said their problem with Alternative C is the location of the haul out, the industrial and marina areas in relatino to the trail. Mr, Dashley Graham said he had been involved for the last 8 years and favors Alternative C. He spoke about a grant from the Mill, expansion of the marina, and the environmental issues raised by Councilmember Jenks. He believes the safety issues can be mitigated by places signs to indicate potentially dangerous areas. Ms. Judy French Scott, Chair of the LSMT Committee, spoke about the Plan and the criteria established for safety. She discussed Alternative C and modified C which the Committee favors. She described the trail along the Port Angeles Waterfront and mitigations by ITT Rayonier, including fencing and gates, to make the trail safe through the industrial area. She provided information on the Modified SEPA proposal which was entered as Exhibit 7 and information on Trail Improvement for the Rayonier Mill, a Polaris map done for the City of Port Angeles, entered into the record as Exhibit 8. Ms. Lisa Palazzi, Pacific Rim Soil and Water, stated she was hired by the Port to delineate the wetland. She said they did a 9 month monitoring program on the wetland hydrology, the wildlife and vegetation. She noted that from a regulatory standpoint, Alternative C does go through the buffer of Wetland # 1. She said Doug Swanson, who did the wildlife study, indicated that Alternative C along that railroad easement may have some impact on the flyway. She said when they did the original work, they recommended the buffer go around Wetland #1, to buffer Port activities. She said Alternative C goes within 10 to 15 feet from the wetland edge at the most and impacts the flyway across the berm where the migratory wildlife are. Mr. Brent Shirley encouraged Council to consider modified Alternative C and suggested delay on the decision until consensus is reached. He noted Alternatives A and B are both expensive. Mr. David Peterson also spoke in favor of Alternative C for increased access to the shoreline. He stated it is most compatible with the Shoreline Master Program and Urban Waterfront Plan. Mr. Chris Hanson said the Port will have some difficulty with security and safety issues around the heavy haulout. He indicated Alternative C is already in use by people bird watching and would require less grading. Ms. Sam Gibbony spoke about modified Alternative C and its compatibility with the Shorelines Master Program goals and policies regarding the increase and preservation of aesthetic enjoyment along the shorelines of the state. She also noted Alternative C allows disability access and would be a better connection to downtown. Mr. Lowell Johns spoke in favor of Alternative C or a modification thereof. He regards it to be the safest and most cost effective. 9 Ms. Linda Maddis walks in that area now and indicated her support for Alternative C. Mr. Rick Tollefson supports Modified C, but also thinks the County Commissioners should make this decision. He said safety issues are minuscule given proper safety mitigations. Mr. Scott Walker said it was more of a common sense issue and was sorry to see it in the Council's hands. He said there are no barriers for pedestrians or bicycles now. He referenced Mr. Robison's statement that the trail is recreational, but proposed it is also utilitarian. Ms. Katherine Stone supported Modified C and the Alternative C connection to the Waterfront trail. Ms. Shannon Kinsella, Project Engineer for Reid Middleton, designers of the haulout project, discussed Alternate B and said the trail is proposed completely outside the wetland buffer. The storm system meets the existing grade within the boatyard. She said it would take only minimal grading to build the Alternate B trail and that trail can meet ADA handicap accessibility standards. Ms. Kate Spear supports Alternative C or Modified C for a continuous trail. Mr. Paul Boyer, committee member, spoke in support of Modified Alternative C. Mr. Jeffery Stewart, Washington State Department of Ecology, reviewed the proposals. He spoke about timing of the permit, and that grant funds may be jeopardized by significant delay. He said it was not probable the Department of Ecology would appeal the permit, unless it was clearly against State Law. He said Alternative C or Modified C were more consistent with the Shorelines Management Act and that accessibility would be an important issue. Mr. Steve Hayden said the decision is basically up to the Port and the County. He spoke about wetlands on trails in Alternatives A and B, and stormwater mitigation. He encouraged the Port and County to keep on being flexible. He said he thinks Altemative C is simpler, cheaper, and has less envirOnmental impact. County Commissioner Richard Wojt referenced the County Commissioner's letter indicating they were going to be involved in conversation concerning safety and related issues. He mentioned a grant and $300,000 matching ISTEA funds. He noted that in Port Angeles, the trail is considered as an economic enhancement. He said people coming into Port Townsend in a safe manner should also be considered. Mr. Mark Downing said his family are casual trail users and support the Modified C route. Ms. Lisa PalaT. zi added clarification regarding the environmental impacts of Alternative C. She noted that Wetland #2 is the more sensitive, and when people walk along the railroad, by 10 Alternative C, they will walk right through there. It would require an ESA permit. Alternative C has no buffer enhancement. Councilmember Shoulberg asked about wildlife. She said that had been outside her original scope of work, but indicated the flying wildlife is migratory. IN OPPOSITION: Mr. Scott Walker asked regarding two mitigation measures: · Restricting hours of work -- may preclude volunteer work on weekends. Mr. Robison said prior permission by the Department of Building and Community Development could be granted to accommodate volunteer labor schedules. · Screening to prevent access into the Port. Would hate to see a requirement of fencing. Mr. Robison said Condition # 1 refers to the Wetland itself; or the Port facility expansion area. Mr. Mark Veto said he is not in opposition to the project, but has an alternative point of view. He said around 20 businesses in the Port area are dependent on access to water. He indicated he did not want to prevent public access, but that acceptable access is available now. If encouraged, it may cause problems if the existing road is not used. He said it may be more difficult to conduct business with greater pedestrian traffic. The Hearing was Closed to the Public and Opened for Council Discussion: Councilmember Jenks asked Mr. Cahoon if Altematives A or B were implemented what would he do with the existing railroad? Mr. Cahoon replied the Port has attempted to purchase the railroad. Ms. Jenks said she is not prepared to come to a decision if the Port and the County have not finalized discussions. Councilmember Harpole said although matters must still be settled between the Port and the County, the City is bound to look after our shorelines and must make a recommendation with that factor in mind. MOTION Harpole Remand back to Staff for further work and discussion and a fourth Alternative. SECOND Shoulberg Discussion: Councilmember Keith agreed, but said Council should give Staff specific direction. Mr. Robison questioned the proponent about whether critical funding may be lost if the July 1 permit deadline were not accomplished County Commissioner Wojt indicated the Shoreline Permit is essential so that studies can be funded so that the complete trail can be built. Councilmember Davidson asked if there is a grant deadline. Ms. Mium Rubin-Cmmp, authorized representative of Jefferson County Public Works Department, noted the Coastal 306A program must be sent to Washington D.C. with a permit dated by July 1, or a loss of $50,000 11 could be possible. She also extensive review periods by DOE and NOAA would also hold up the projects. Councilmember Keith said this is a terrible position to be put in, and asked if Council have any assurance that the alternatives will be considered according to the public testimony received this evening. He said it is difficult to approve a project with 3-1/2 alternatives. Councilmember Camfield asked if once the approval is given, will any other action by Council be required, for example, an ESA permit. Mr. Robison said an ESA permit would not come back to Council, but would be reviewed for an Interlocal Agreement; however condition #1 could be changed. Councilmember Davidson asked Mr. Robison if Alternative C is selected, does he agree an ESA permit would be required? Mr. Robison said it is quite likely. Councilmember Jenks stated that for her to be able to vote on the permit, the Port and County need to eliminate Alternative B. If the proponents gave a statement on the record advocating Alternate C, she would be able to approve the application. Mr. Dale Bonar, Aquatic Services of Port Townsend, spoke about Alternative C and Modified C. He noted that access and a trail are not the same thing. Councilmember Jenks asked what would be the result if Alternative C is tamed down not accepted by the Port and County. Mr. Cahoon talked about a floating easement, but was unsure of the location. Discussion ensued about the railroad location, mitigations, and not being able to vote at this time. Councilmember Shoulberg suggested the maker of the motion remove it from the floor and it was agreed. MOTION Shouiberg Approve Substantial Development Permit Application SDP 9605- 04 subject to review findings and conclusions in support of Alternative C and Modified C, and as the only option supported by goals and policies of the Urban Waterfront Plan and Shoreline Master Plan. SECOND Harpole Discussion: Councilmcmber Harpole asked if it is thc "preferred" or "only" option. Attorney McMahan said if it is preferred, it is a recommendation and asked the maker of motion if he considered what Mr. Cahoon suggested. Mr. Shoulberg said at the late date, with lack of public input, he will not include that. Councilmember Jenks requested that they direct Staff to prepare a finding supporting the motion. Councilmember Keith asked regarding the cost of demolition of the trestle. Mr. Robison said that is not part of this proposal and but said the County is to accept the liability. VOTE UNANIMOUS by voice vote. Shorelines Substantial Development Permit Application No. SDP 9602-02 -- Port of Port Townsend (Enhanced Haulout) Mayor McCulloch suggested Staff make their presentation, open the public hearing and take testimony, and continue the public hearing to the next council meeting. Mr. Robison suggested 12 because the Staff presentation would be redundant, that the Port make its presentation, and Mr. Robison present the appropriate Staff Findings and Conclusions. Mr. Lloyd Cahoon made the presentation, explaining the enhanced haulout is a conveyance device to and from marine water. He said it will have frequent use, and the project is an expansion including cranes and vehicles. Ms. Shannon Kinsella, Project Engineer spoke about stormwater and how the proposal will reduce flooding and ponding and enhance water quality. She said there is no requirement for detention; everything flows to the Strait. She discussed the stormwater mn off treatment -- bio filtration and sand filtration into wet vaults. Councilmember Shoulberg spoke about natural habitat. Ms. Kinsella spoke about the graveled surface, technically impervious. She noted runoff on natural sand and that it is sheetflow. Mr. Dale Bonar, discussed a summary of Impacts and Mitigations of the Advanced Haulout dated 7/1/96, and it was entered as Exhibit 7. Mr. Bonar noted seven areas that had been identified regarding shorelines and referred to the number of impacts and mitigations identified in the Environmental Impact Statement which was done in cooperation with several different entities. The areas include dredging, shading, urban wetlands, stormwater management, public access, and peripheral water quality issues. Mr. Robison followed up with a brief summary presentation.. Councilmember Perry Thompson questioned the definition of"daylight" hours. Mr. Robison said it is defined as dawn to dusk. Mayor MeCulloch opened the hearing to the Public. Mr. Dave Peterson said he would like development of the waterwalk added as a condition in accordance with the Urban Waterfront Plan. Mr. Cahoon said the Port Commission has adopted the strategy of going ahead with a 300 ton machine which is 15 tons in excess of the outside limit as in the Staff report and application. He said it has little additional impact because the pier was already at that level, but it will allow bringing in heavier and larger boats. Mr. Mark Veto said the haulout is very important for our community and the businesses at the Port and the economy of Port Townsend OPPONENTS: Ms. Paula Mackrow said she had been involved in heavy haulout discussions from previous times and talked about previous testimony. She spoke about change of designation from boat 13 yard to ship yard, about economic burdens on the fleet, and the impact of this project on the Alaska Fleet. She said support and funding come and go. She noted a segment of this community has rejected the proposal and urged that the Council look at what is in the public interest. She pointed out the Benedict Street Spit removal, a major condition to allow for larger vessels, has the most environmental impact. She noted most of the fleet is in Alaska right now and said they cannot speak to the issues. Ms. Janene Hayden said some aspects of the proposal need more work and referred to the Urban Wetlands District, a significant wildlife area. She asked that the district be maintained intact. She said she would like to see expanded buffers, especially in Wetland # 1, nearest to Admiral Marine. She suggested that parking could be at the Park and Ride or somewhere else. She noted financing has not been clearly spelled out and said the Port businesses are not participating in the financing. REBUTTAL: Mr. Cahoon spoke to the following issues: · Financing that is now in place was based on a study in December far after Admiral Marine's decision to relocate. He said the bond underwriter has tendered an offer, and the Port should know July 2. · Regarding parking, vehicles are needed to bring materials to the worksite, alongside boats. · About the Larry Scott Memorial Trail, he realizes that Alternative C has to be the presumption for this particular hearing but contends it based only on tonight's testimony. He believes there is support for Alternative B; also that from the Port's perspective, there would be no Port control over Alternative C because they are not the property owner. The Port and County must still agree on a trail alternative and the Port has made a commitment to the County to consider Alternative B. Mr. Bob Sokol spoke about the extensive recent hearings before the Port Commission, in January and February, and said that at that time the fleet was here, not in Alaska. Councilmember Jenks said she is confused about dredging and referred to page 12, performance standard 3. There was discussion about depositing dredged material on upland sites whenever possible. He indicated there are three possible deposit sites, sites 1 and 2 in Exhibit 3, and the airport site. Ms. Jenks said she cannot support this unless there is no impact to the wetlands. Mr. Dale Bonar noted dredging would total 57,000 cubic yards and the greatest majority is needed at the airport. He noted some material would be sent off site and cleaned. Councilmember Shoulberg asked if they must have a decision tonight. Mr. Cahoon said the deadline for the Community Urban Revitalization Board (CURB) is today, and it puts them at risk with CURB and the bond underwriter with whom they are meeting July 2 if the decision is delayed. 14 Councilmember Harpole asked if Council could consider this at their next regular meeting on July 15. He said he is concerned about jeopardizing the Port plan, but said there are substantial issues that need to be resolved, including the trail issue. Suggestions included a continuation to July 10 to consider findings and conclusions, and taking action on July 15. Mr. Cahoon said they could not meet on July 10 and a decision on either the 10th or 15th would not allow them any action time. Mayor McCulloch suggested meeting July 3, 1996, 6:00 p.m. in Council Chambers to continue the Public Hearing, get answers to some questions, take action if it is appropriate, and complete the remainder of the agenda. MOTION SECOND VOTE Perry-Thompson Continue this session to July 3, 1996, 6:00 p.m. Council Chambers Camfield UNANIMOUS by voice vote Unfinished Business, New Business, and Councilmembers General Discussion will be carried over to the July 3rd Continued Session. RECESS There being no further business, at 11:50 p.m. Mayor McCulloch declared the meeting recessed until 6:00 p.m. on July 3, 1996, in the Council Chambers of City Hall. Attest: Acting City Clerk MINUTES OF THE CONTINUED SESSION OF JULY 3, 1996 The City Council of the City of Port Townsend met in continued session this third day of July, 1996, at 6:00 p.m. in the in the Council Chambers of City Hall, to continue business carried forward from the July first City Council Meeting, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Dan Harpole, Kathryn Jenks, Ted Shoulberg, Ian Keith, 15 Diane Perry-Thompson, and Jean Camfield. Councilmember Bill Davidson was excused. Staff Members present were City Clerk Pam Kolacy, Police Sergeant Rick Oberlander, City Attorney Timothy McMahan, Director of Building & Community Development Dave Robison, and Sheila Avis, Minute Taker. PUBLIC HEARINGS Shorelines Substantial Development Permit Application No. SDP 9602-02 -- Port of Port Townsend (Enhanced Haulout) Mayor McCulloch said this public hearing is a continuation from July 1, 1996. She said the public hearing is limited to the purpose of hearing testimony on the Larry Scott Memorial Trail only and asked if the proponent wished to speak. Proponent Port Manager Lloyd Cahoon entered Exhibit 11 into the record as his and Port Commissioner Bob Sokol's recommendation to the Port Commission for adoption of the Larry Scott Memorial Trail as Modified Alternate C. The recommendation also listed their protests. Mr. Cahoon noted the New Washdown and Treatment Facility area on the attached map that would be subject to adjustment, and he also discussed closure of the trail during times of movement of craft across the trail. Councilmember Perry-Thompson asked how often the trail would be closed and whether the washdown facility would also cause the trail to be partially closed. Mr. Cahoon indicated complete closure would be rare, but them would be some times when partial closure would be necessary. Councilmember Keith asked if the washdown is enclosed. The Port Engineer indicated it is a cloth enclosure. Mr. Keith asked if it reduces the spray. She replied that it does.. Councilmember Harpole asked about a bicycle path on Washington street. Mr. Cahoon said there is a walkway but not a bicycle path. Councilmember Jenks asked the maximum time the trail would be closed. Mr. Cahoon said referred to the launch of the Evivva which took about 60 hours - but noted that was unusual and such an event would be known ahead of time. The Hearing was opened for public testimony. Mr. Bob Sokol, Port Commissioner, spoke as a citizen. He noted the multi-million dollar project makes a strong point toward meeting the Community Direction Statement as a working waterfront town. He said the trail is a key determinant, at least the most discussed. Mr. Sokol spoke about the Alternative, modified, C route. He said the Port's position has always been that there will be a trail, but the location would be based on safety first. He said there will be a substantial increase of traffic 16 in the whole yard, and that the trail goes through the hard hat area. He noted bicycle tours will cause safety conflicts with industrial and recreation parts. He said Port Commissioners Curren and Beck were concerned with safety considerations, and mentioned safety issues with Alternative C. Ms. Mium Rubin-Cmmp, Jefferson County Public Works Department coordinator, said she had not seen this proposal before, but sees no problem with it. She suggested Council and the Port work closely on safety issues. Mr. Dana Roberts noted that the benefits of the proposal remain to be seen and commended the similar project in Port Angeles. Mayor MeCulloch closed the Hearing to the public and turned discussion to the Council. Councilmember Shoulberg said, for the record, he had spoken with Port Commissioner Sokol following the meeting of July 1 and indicated he had expressed his reaction to Mr. Sokol over the proposal (using the word "incredulous".). He stated nothing was discussed outside the public record, but since this is a quasi judicial matter he wanted to make it known. Mayor McCulloch asked if there were any objection to Councilmember Shoulberg's participation in this discussion, but no opposition was expressed. Councilmember Harpole spoke of the safety issue. He said he feels great about this proposal, and is convinced it is the safest route. MOTION SECOND VOTE Shoulberg That Shoreline Substantial Development Permit Application (SDP) 9605- 04 of July 1, 1996, and also Shoreline Substantial Development Permit Application (SDP) 9602-02 of July 1, 1996, be included as part of the record, including all testimony and exhibits. Perry-Thompson UNANIMOUS by voice vote. Councilmember Harpole stated that to continue with Altematives A and B to the toe of the bluff is inherently dangerous and closer to the industrial mix than Altemative C will be. He mentioned both the Shoreline Master Program and the Urban Waterfront Plan criteria as well as safety factors. Councilmember Camfield commended the Port Commissioners and Mr. Cahoon and said the new proposal more closely meets the needs of the community and reflects the Shoreline Master Program, the Urban Waterfront Plan, Public Access Plan, Gateway Plan, and Parks and Recreational Plan. She said she thinks the Modified Alternative C fully meets all conditions in the draft Environmental Impact Statement. Mr. Robison said Exhibits 1 through 4 were already provided with the Draft Staff Report and enumerated the new exhibits: 17 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 -- Exhibit 11 -- Exhibit 12 -- Exhibit 13 -- Exhibit 14 -- Exhibit 15 -- Exhibit 16 -- -- Site Plan, 5/96, from Board #1 provided by Ms. Shannon Kinsella -- Expanded Site Plan, 5/96, from Board #2 provided by Ms. Shannon Kinsella -- Outline of impacts and mitigations 7/1/96, Mr. Dale Bonar, Port of Port Townsend -- Letter from Ms. Janine Hayden 6/24/96 regarding the haulout proposal -- Port of Port Townsend Boat Haven's Wetland Monitoring Project, 10/9/95, referenced by Ms. Lisa Palazzi Revised Modified C site plan submitted by Port of Port Townsend, 7/3/96 Comments by Mr. Lloyd Cahoon, submitted 7/3/96 Alternatives to trail plan, 7/1/96 Alternatives to trail plan from 7/1/96 with Modified C from 7/3/96 Viewfoil from Urban Waterfront Plan, Figure 5a, Waterwalk Figure 5a Urban Waterfront Plan, Figure 2a, Planning Districts showing the Urban Wetland and Boat Haven District Ordinance 2487, 12/6/95 (Vacating certain streets, referenced 7/1/96 including Boat Haven) Councilmember Perry-Thompson asked if the reference regarding safety of crosswalks and safety markings on Washington and Boat Streets needs to be included in Findings of Fact #4? City Attorney McMahan said the Findings of Fact and Conclusions need to be revised. He said Staff will craft them to include those safety concerns and will bring them back to Council July 15. Ms. Perry- Thompson also expressed her appreciation to Mr. McMahan for all his work and indicated references to actual access to the water's edge and to the shoreline in the Shoreline Management Act (SMA) and Shoreline Master Plan (SMP) and said the importance of their work is reflected in those policies. Councilmember Jenks asked: · Are there any figures on the total impervious surface for the heavy haulout? Mr. Robison replied if you look at the Modified C Alternative, the whole boat haven industrial area and uplands above the marina, is asphalt, paving, or ballasted areas. It would be close to 100 percent impervious surface where it is developed. · Regarding remediation of dredging materials, Page 2, Elements of the Proposal, Findings of Fact #5, where is the regional facility where this material will be remediated? Mr. Robison replied, Tacoma or Port Angeles. · The distance from the ordinary high water mark of the shoreline to Wetlands 1 and 2, are they both within the shoreline jurisdiction? Mr. Robison replied, while the shoreline jurisdiction is only 200 feet from the ordinary high water mark, under the SMA any shorelines, associated wetlands, swamps, or bogs also fall within the wetland district. He said also under the SMA, it is very clear that uses of those adjacent lands need to be compatible with shoreline uses. Councilmember Jenks then asked regarding dredging. She noted numerous references to dredging in SDP Permit 9602-02 and said each indicated soils, whether needing remediation or not, will be deposited at the project site. References included: Exhibit 3 Map Exhibit 4 EIS Mitigation List, Table 1 Summary of Mitigation Measures, Table 4 Dredging, "Fuel 18 contaminated soils would be remediated on site or at an approved regional treatment facility." (Questioned -- on site and approved regional treatment facility) Exhibit 5, pg 2 (Major element of proposal) Exhibit 7 Memorandum dated 7/1/96, Impacts and Mitigation for Enhanced Haulout Project Al, "Uplands fill at boat haven excess fill to Jefferson County International Airport." Councilmember Jenks said she had disagreement with the Port statement regarding dredged materials: 1) If remediated in Tacoma or Port Angeles why return them to wetlands for disposal? 2) The Port said dredged materials wouldn't be deposited on site. Ms. Jenks would like the record to reflect that, and she wants a condition stating the material would be deposited off site. Mr. Robison said there were two dredging actions proposed under this permit: 1) At the mouth of the boat haven marina; 11,000 to 12.000 cubic yards of dredged uncontaminated soils to be deposited probably at site No. 1 -- would require fmther environmental studies and a land fill report consistent with the Shoreline Management Act 2) Benedict Spit removal -- anticipated in year 2002. There is a condition in the report that a dredging proposal plan would have to be prepared. This Shoreline Permit is valid for only 5 years, so if the Port of Port Townsend were to come in for a dredging permit in 2002, they would have to go through a new Shorelines Permit process. Mr. Robison said remediation can be accomplished through a variety of methods which he elaborated. Ms. Jenks said she would like to condition the permit by requiring the soils to be discarded away from the urban wetland area. MOTION Shoulberg Accept Shoreline Substantial Development Permit (SDP) 9602-02 with the addition of the condition that includes the proposal submitted on July 3rd by the Port as substantiated in Exhibit 10 known as Alternative C and Modified C and that Staff return with the substantiating findings of fact and conclusions which reflect that. SECOND Harpole Discussion: Councilmember Jenks questioned the storm drainage system reference to effluent and talked about testimony for the Larry Scott Memorial Trail from Sam Gibbony that Wetland #2 is functioning at the moment as a natural storm drainage collector. She expressed concern about the level of testing for toxic materials and about a wetland being used as the repository for potentially toxic materials which may not be well filtered by a sand filtration system. She said she has concern for the storm drainage from runoff of the impervious surface, even though the effluent will not be from the haulout. Mr. Robison spoke about the technical considerations and the many meetings with the Departments of Ecology, Fisheries and Natural Resources and the City Engineer of Port Townsend on Stormwater Management. He said that the Department of Ecology (DOE) requires a shipyard designation, and noted a representative from DOE spent numerous hours with 19 City Engineer Randy Brackett reviewing this project and the result is a Stormwater Master Plan which is probably state-of-the art for a shipyard. Councilmember Jenks requested changes regarding Condition 4, page 19, required conditions -- materials "should be removed" changed to "shall;" and a mistake on page 18 Condition 5, "mitigations measures.., reference Exhibit 4" rather than Exhibit 5. She then raised the issue of the Port Maintenance Shop location and read from the Urban Waterfront Plan regarding the fragile condition of the Urban Wetland District, and requested moving the maintenance shop out of the area between the two wetlands. Mr. Robison noted Ms. Jenks' quote was a reference to a 1990 condition, and he pointed out that since 1990 the City has adopted an environmentally sensitive area which was the primary policy directed to the City to protect the Urban Wetland District. He said now there are two wetlands with 50 foot buffers around them consistent with and directed by the Urban Waterfront Plan. Councilmember Camfield pointed out the location of the maintenance building Ms. Jenks referred to was an alternate location, which Ms. Jenks had not observed. City Attorney McMahan cautioned Council that to condition a project you must have a factual record of impact shown by evidence before you, and second you must have the policy or regulatory basis to condition that project. He said a 50 foot buffer and regulation under ESA ordinances clearly addresses those urban wetlands. Mayor McCulloch asked if there was any new information from the public before the vote was taken. There was no response. VOTE 5 in favor, by voice vote, Councilmember Jenks opposed. UNFINISHED BUSINESS ORDINANCE NO. 2530 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 10.26, RULES OF THE ROAD -- PORT OF PORT TOWNSEND AREA, OF THE PORT TOWNSEND MUNICIPAL CODE TO ENABLE THE PORT TOWNSEND POLICE DEPARTMENT TO ENFORCE THE MODEL TRAFFIC ORDINANCE ON STREETS OWNED BY THE PORT OF PORT TOWNSEND AND ESTABLISHING SPEED LIMITS IN ACCORDANCE WITH PORT POLICY. City Attorney McMahan made introductory remarks. Mayor McCulloch read the ordinance by title. Councilmember Keith noted his concerns had been answered in the changes made to this Ordinance. 20 Councilmember Harpole made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No.2530 which was seconded by Councilmember Harpole and passed unanimously by roll call vote. NEW BUSINESS ORDINANCE NO. 2536 AN ORDINANCE OF THE CITY OF PORT TOWNSEND GRANTING A NONEXCLUSIVE CABLE FRANCHISE TO PORT TOWNSEND CABLE TV LIMITED PARTNERSHIP ("OPERATOR"), AND PROVIDING FOR FRANCHISE FEES, TERM OF FRANCHISE, SERVICE AREA, TECHNICAL STANDARDS AND EVALUATIONS, REPORTING REQUIREMENTS, ACCESS CHANNELS, AND ACCESS EQUIPMENT AND FACILITIES FUND, RETURN LINES, AND UPGRADE, PENALTIES, AND BOND AND INSURANCE PROVISIONS IN CONNECTION WITH OPERATING A CABLE SYSTEM FOR THE DISTRIBUTION OF TELEVISION SIGNALS, AND AUTHORIZING THE MAYOR TO SIGN FRANCHISE AGREEMENT. City Attorney McMahan introduced both Ordinances 2536 and 2537 and proposed the public hearing be set for August 19, 1996, stating that Assistant City Attorney Mary Winters would be available to present the findings of fact and conclusions. Councilmember Shoulberg made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Harpole and passed unanimously by voice vote. Ms. Kolacy read the ordinance by title, for introduction only. ORDINANCE NO. 2537 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING A MASTER CABLE ORDINANCE GOVERNING THE PROVISION OF CABLE COMMUNICATIONS SYSTEMS WITHIN THE CITY OF PORT TOWNSEND; PROVIDING FOR DEFINITIONS, APPLICATION AND FRANCHISE FEES, PUBLIC HEARING REQUIREMENTS, MINIMUM CONSTRUCTION AND SAFETY STANDARDS, RIGHTS-OF-WAY REGULATIONS, NOTICE TO THE CITY PRIOR TO INCREASING RATES, TRANSFER OF OWNERSHIP, REVOCATION OF FRANCHISE, AND OTHER FRANCHISE PROVISIONS APPLYING TO ANY CABLE FRANCHISEE OPERATING WITHIN THE CITY OF PORT TOWNSEND. 21 Councilmember Shoulberg made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Harpole and passed unanimously by voice vote. Ms. Kolacy read the ordinance by title, for introduction only. ORDINANCE NO. 2538 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PREFACE AND SECTIONS 6, 7, AND 10, OF THE PORT TOWNSEND SHORELINE MANAGEMENT MASTER PROGRAM IN ORDER TO INTEGRATE SHORELINE REGULATION WITH THE REGULATORY REFORM ACT AND THE GROWTH MANAGEMENT ACT AND TO REFLECT RELEVANT CHANGES IN CHAPTER 90.58 RCW. Mr. Robison introduced the ordinance and said it is intended to bring the Shorelines Master Plan into conformity with Regulatory Reform. He noted a correction to be made to page 13 bottom line, changing from Chapter 20.01 to 20.02 PTMC. Mayor McCulloch read the ordinance by title. Councilmember Keith made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Harpole and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Keith made a motion that the Council adopt Ordinance No. 2538 as corrected which was seconded by Councilmember Shoulberg and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Jenks reported she had attended the June 25th Union Wharf dedication. She noted the Puget Sound Water Quality Action Team is looking to expand its membership. She said she thinks the City needs representation, and she would like to go as a second member. Mayor McCulloch said she would check on it. Councilmember Harpole said he would also like to be considered a candidate. ADJOURNMENT There being no further business, at 8:24 p.m., Mayor McCulloch adjourned the meeting. Attest: Pam Kolacy, City Clerk 22