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HomeMy WebLinkAbout05/03/1993 I I I MINUTES OF THE REGULAR SESSION OF APRIL 19, 1993, Coni:. ADJOURNMENT Attest: . There being no further business, Co that the meeting be adjourned at r Jones made a motion ~~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MAY 3, 1993 The City Council of the City of Port Townsend met in regular session this Third day of May, 1993, at 7: 00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Councilmember Jean Camfield was excused. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building IIichael Hildt and Public Works Director Robert Wheeler. PRIORITY ITEM Watershed Protection Agreement with US Forest Service. Mayor Clise thanked everyone who participated in the development of this agreement. Councilmember McCulloch acknowledged and applauded all of the individuals who were involved in this project sincH June, 1991. Ron Humphry, Forest Supervisor, Olympic National Fore::;t, was recognized and stated that the Forest Service is committed to working with the City in providing high quality water from the municipal watershed in the National Forest, this is a model of how municipal, state and federal agencies can cooperate in finding a "win, win" situation. Carl Johnson, Department of Health, was recognized and explained what is needed in order for the plan to be approved, the time frame of the agreed order for avoidance of filtration and management of the watershed. Mayor Clise read a portion of a letter sent to Mr Wheeler by Mr Johnson stating that the draft memorandum of understanding and draft wa1:ershed protection program for the protection program for the Big and Little Quilcene River Watershed meets the intent of the Wa1:ershed Protection requirement of the non-filtration option of the Surface Water Treatment Rule. Cheri Fitz, representing Congressman Dicks, was recognized and thanked all of those involved from the various agencies and citizen panels and congratulated them for their success. Walt Megahan, representing the Water Advisory Committee, was recognized and stated that he appreciated the opportunity to participate in this effort and that this has been one of the most satisfying project he has been involved in during his 32 YHars of watershed management experience. RESOLUTION NO 93-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE US DEPARTMENT OF AGRICULTURE, FOREST SERVICE, OLYMPIC NATIONAL FOREST. 249 250 MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. Councilmember McCulloch made a motion that the Council adopt Resolution No 93-50 which was seconded by the rest of Council in unison and passed unanimously by voice vote. The Memorandum of Understanding was signed at this time. INTRODUCTIONS Mayor Clise introduced Jody Glaubman and Orabelle Connally, new Library Board Members. Chief Newton introduced the Port Townsend Officer on Bike Program and Officers Bob Ensor and Robin Biffle along with their bicycles. Chief Newton announced the promotion of Richard Oberlander to Police Sergeant and explained his duties. Mayor Clise and Irene Oberlander participated in the traditional pinning on of the stripes. PUBLIC COMMENTS Amy Hiatt, representing the Jefferson County Historical Society, was recognized and invited Mayor Clise and the Councilmembers to visit the Museum for a neighborly discussion, coffee and desert on June 7, 1993, at 6: 00 PM. Mayor Clise announced that the Jefferson County Historical Society has awarded a Certificate of Appreciation to the city of Port Townsend for establishing the Historic Preservation Commission. Byron Ruby was recognized and gave his opinion against the acquisi tion of the property at the corner of Adams and Water Streets and stated that the money should be used for kids. Colby Fox was recognized and gave the background of her involvement with the proposed bluff stairway at Fort Worden, her concerns about the bluff erosion and associated concerns with parking at the corner of Walnut and W streets, safety of the bluff and nearby property, beauty of the area, the Madrona tree, and pedestrians, bikers and children of the area. Paula Mackrow was recognized and stated that the Olympic Environmental Council has sent a letter dated April 28, 1993, to Mayor Clise in support of the Mayor's letter to Mike Early regarding the use of herbicides on the Golf Course property. The Board of Directors feels that this is the time that the golf course move in line with the other public properties in Port Townsend and not use herbicides but alternative methods. Byron Ruby was recognized and requested larger speed limit signs made for Hastings and Sheridan where there is a lot of speeding which creates a dangerous area in his opinion. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Sokol and passed unanimously by voice vote. Approval of the following Bills and Claims: Current Expense Street Library Park Emergency Medical Services Waste Water Treatment Facility 93 Water Quality Improvements 93 GO Bond project $ 49,683.73 4,622.68 11,881.21 3,988.79 1,487.76 1,093.66 5,705.44 5,749.76 Const I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. FAUS Construction Project Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 7,167.80 26,218.40 1,096.94 3,539.19 307.26 $ 122,542.62 out of State Travel: Bob LaCroix to a Steel Water Tank Seminar in Oakland, CA, on May 25,1993 Adoption of Resolutions: RESOLUTION NO 93-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO BID FOR A TUB GRINDER FOR THE BIOSOLIDS/COMPOSTING FACILITY. RESOLUTION NO 93-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH HINER CARSON ARCHITECTS FOR ARCHITECTURAL DESIGN SERVICES. Communications: A memorandum dated April 2, 1993, from Molly Pearson, Jefferson County Public Works Department, advising that the City should stop the collection of colored glass from the curbside program and the commercial recycling program effective May 1,1993, was copied for Council. A memorandum dated April 13, 1993, from Stan Finkelstein, EXE~cutive Director, Association of Washington Cities, including two articles excerpted from the "Nation's cities Weekly" that highlight the impact of the Federal Communications Commission's announced new regulations for the cable television industry was copiled for Council. A letter dated April 19, 1993, from Lee Arey requesting that the City of Port Townsend repeat its previous generosity by giving the Port Townsend School District one of its McCurdy Pavilion performance days for graduation on June 11, 1993, was copied for Council to be approved without discussion. A letter dated April 21, 1993, from Mark Beaufait, to the Port Townsend Board of Adjustment/City Council appealing the March 25, 1993, determination of Michael Hildt, Director, Planing and Building Department refusing to process a building permit application, shoreline substantial development permit application, design review application, and environmental checklist for a proposed marine multi-use resort complex at the Fleet Marine Property was copied for Council and referred to the City At:torney A letter dated April 22, 1993, from Michael Early, Port Townsend Golf Club, to Mayor Clise, commønting on their use of 2-4-.0 as a weed control was copif:!q for CoUncil and referred t:o the Parks/Property Committeß. A letter dated April 22, +~~p, from Lucille Grassia commenting that the herbicide 2, 4-D shQYtij not be used on the publiclY-OwnE!d Port Townsend Golf Course w~~ popied for Council and referred to the Parks/Property Committee. 251 252 MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. A memorandum dated April 22, 1993, from Colby Fox opposing the proposed bluff stairway at Fort Worden was copied for Council. A letter dated April 28, 1993, from Barbara Bogart to Robert Wheeler stating her concerns about the corner of Walnut and W was copied for Council and referred to the street/storm Drainage/Light Committee. A letter dated April 29,1993, from Mayor Clise to Michael Early, Port Townsend Golf Club, reporting that he is copying his letter to Council and asking the Parks/Property Committee to follow up on the matter. This concludes the Consent Agenda. UNFINISHED BUSINESS Coordinated Water System Plan (CWSP). Mr Wheeler explained the background of the Coordinated Water System Plan. Mr McLerran explained the SEPA issue as it relates to the plan and reported that during meetings with Jefferson County it was the consensus that the Department of Health should be the lead agency to determine whether an Environmental Impact Statement or Determination of Non-Significance is appropriate as the most impartial agency for a determination. Mr McLerran is discussing this with Department of Health staff and the State Attorney General's office. Councilmember McCulloch stated that these conclusions are the result of the Water Advisory Committee's work over the last two years, since June, 1991. There are things that need to be done right away such as: improving the infrastructure, recognizing commitments to existing customers, and realizing that we cannot promise what we do not have which is a limitless supply of water. Councilmember McCulloch then reviewed the plan. Harry Thayer, representing the Water Advisory Committee, was recognized and stated that if we were just serving the City of Port Townsend, the Coordinated Water System Plan would not be a problem, it is the service outside the city that is the problem: the main decision to be made is whether we continue the outside service or turn it over to someone else. A discussion of water availability, pre- commitment process, more work to be done, the State Environmental Police Act (SEPA) process, the service area, and the well-system. Councilmember Sokol made a motion that the Council adopt the following conclusions and recomInendations from the Water Advisory Commi ttee which was seconded by Councilmember Owsley. After discussion of infrastructure improvement costs and strategy and economic growth, the motion passed unanimously by voice vote. Conclusions: 1. Short-term: . There are immediate infrastructure problems in the City's out of town service area that need to be addressed to assure a reliable supply of water for summer peak demand and to accommodate the City's filtration avoidance strategy. Long-term: with the projected growth of the entire service area, water availability for areas outside the City limits is a serious concern. The potential for growth shown by the number of pre-commitment requests and the growth projection in the CWSP indicate that a new source of water will be needed for this area within 10 to 20 years. 2. 3. Infrastructure needs in the City's out of town service area appear to be extensive over bo~h the 5 and 20 year planning horizon. The City cannot ensure water services without a significant investment in capital facilities. The planning for these facilities should begin ft~W as pdrt of Po~t Townsend's Comprehensive Water Plan update. I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. 4. The City has a relationship with its customers in the City's out of town service area as a utility system provider and the City recognizes its responsibilities to provide continuity of service to these customers. 5. Based on our existing system, and limitations of water rights, contacts, and infrastructure, the City can only supply a limited amount of water to the City's out of town service area. 6. The City recognizes that decisions to be made under t:he GMA will impact the policy decisions being made in the CWSP update period. To the extent it is possible, the CWSP should recognize that decisions regarding aquifer recharge, critical areas, and urban growth boundaries should be coordinatE:!d with the CWSP and that a further updates of the CWSP may be required with its 5-year life. Recommendations: 1. Precommitment Process Revisions The City should change the current pre-commitment process to ensure that the City will not exceed its capability to supply sE~rvice. Precommitments should: * Be conditions to a particular project, at a particular scale, for a certain period of time. * Require mandatory conservation standards. * Have a time limit to reflect the time is usually 1:akes a project to go through the City/county permitting and obtain financial commitments. 2. Rates Rates and fees should be based on actual cost of service. Because of differences in cost of service between City and County service areas, the City should charge for the actual cost of respective services. 3. Conservation The City should emphasize water conservation through all available channels: the CWSP, the City water comprehensive plan, and the precommi tment process. The City should adopt conservation policies and goals and implement them through conservation ordinancE~s. 4. Service Area In the short term, the City should reduce its service area where it makes sense through the existing CWSP process and publish new service area boundaries in the CWSP update and the Comprehensive Water Plan update. The City should consider a resolution to establish a smaller area as soon as possible. In the long term, the draft CWSP identified three options for the City's out of town service area. The WAC has narrowed their recommendation to two options that we favor; however, we have not reached a final decision. Part of the reason for lac};: of a decision is the concern over an efficient transition in service and quali ty of customer service of a new service provider. ']~he two options favored are: A. Reduce the service area to be more consistent with the available water supply. 253 254 MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. B. Transfer service area to another entity. We recognize the need for an efficient transition if and when a transfer is made and the need to have a representative entity to transfer it to. 5. Water Supply The City should confirm and emphasize the policy that all surface water being provided to areas outside the City limits is water excess to the projected future needs inside the city. The total amount of water currently available to the City's out of town service area (surface and groundwater supply) is limited by water rights, contracts, and infrastructure. Surface water is limited to 0.8 mgd by pipeline size restrictions and 1.0 mgd by contract with the mill. Groundwater supply is limited to 0.5 mgd by current treatment capacity and to an estimated 0.8 mgd by well capacity. The City should not commit beyond a peak day flow rate of 1.3 million gallons per day (mgd) of water to the City's out of town service area until infrastructure improvements are in place. After that time, the City should not commit beyond a peak day use of 1.8 mgd. Instantaneous flow rate limits should also be considered due to infrastructure constraints. 6. State Environmental Policy Act A State Environmental Policy Act ( SEPA) review needs to occur concurrently with City comments on the Coordinated Water System Plan (CWSP). Some of the issues that need to be reviewed in the SEPA process are: * * * Designation of appropriate service areas. Groundwater availability. The fact that the CWSP applies to all of East Jefferson County, not just the City and the City's out of town service area. A determination that the CWSP is not inconsistent with adopted land-use plans. * Shoreline Development Permit for Fort Worden Stairway 9210-01 Amendment. Mr Hildt explained the amendment to the Shoreline Development Permit 9210-01 - Fort Worden stairway. Mr McLerran recognized letters received by Council from Barbara Bogart dated April 28, 1993, Colby Fox dated April 22, 1993, Mike Mortensen copied to Council April 19, 1993, and Kathryn Jenks, Jan Tveten, which were included in a memorandum dated April 21, 1993, from Mr McLerran. After discussion, Councilmember Sokol made a motion to change Condition 6 as follows which was seconded by Councilmember Jones. Kathryn Jenks was recognized and questioned if comments on new information that was submitted into the record above are appropriate. Mr McLerran responded that the additional information was submitted and that it is the choice of Council whether the information is so significant that the Council should reopen the discussion of the whole. Mayor Clise suggested that any testimony be restricted strictly to this amendment and if Council later wishes to reopen the issue they can do so as a separate item. Ms Jenks spoke briefly about the stairwell issue stating that the State has agreed to do a non-project State Environmental policy Act checklist on the infrastructure impacts to the town. The motion carried by voic~ vote with four Councilmemþers voting in the affirmative and Councilmembers Westerman and Wolpin voting against the :níotion. 6. The City with the assistance of State Parks, will periodically assess parking generated by the stairway after it is installed. In the event it is determined that significant I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. overflow parking which is generated by the new stairway is adversely affecting the surrounding neighborhood, the applicant shall ((iHotall oufficicHt additioRal on oitc par]dR~)) provide appropriate measures to mitigate the impact. Lisa Enarson street Vacation Ordinance. ORDINANCE NO 2358 AN ORDINANCE VACATING RIGHT-OF-WAY LOCATED WITHIN LOT 1 OF HASTINGS HEIGHTS ADDITION TO THE CITY OF PORT TOWNSEND. VACATING THAT PORTION OF HANCOCK STREET, GENERALLY DESCRIBED AS LYING SOUTH OF 29TH STREET AND ADJACENT TO LOT 1 OF THE HASTINGS HEIGHTS ADDITION AS MORE FULLY DESCRIBED IN SECTION 1 BELOW; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE. Mr Hildt explained the ordinance. Mr Grove read the ordinance by title. Councilmember Sokol 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 unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Sokol made a motion that the Council adopt Ordinance No 2358 which was seconded by Councilmember Owsley and passed unanLmously ]JY roll call vote. ' Resolution Authorizing Purchase from Maritime Service Company. Mayor Clise explained the history of the following resolutions and ordinance. Mr McLerran commented that the purchase and sale agreement has been signed by the sellers and is satisfied that Chevron has given an indemnity and cleanup clause that is acceptable. Mayor Clise acknowledged a letter dated April 29, 1993, from Nora Porter, President, The Port Townsend Foundation, stating that they are still committed to the original proposal to the city regarding the purchase of the waterfront lot next to the Adams Street streetend and a memorandum from Mr Grove iden1:ifying optional financing sources to complete the contemplated land purchase. Discussion of the proposal by the Foundation including the funding and "park" proposed, and a possible grant from SEAFIRST Bank, including Cindy Thayer and Mr McLerran ensued. Mayor Clise discussed the funding proposals; Mr Wheeler discussed storm water drainage concerns which may be associated with the propert:y; and multiple uses of the property was discussed. RESOLUTION NO 93-51 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO, WITH MARITIME SERVICE COMPANY FOR PURCHASE BY THE CITY OF REAL PROPERTY LOCATED AT THE SOUTHWESTERLY CORNER OF WATER AND ADAMS STREETS AND ALSO AUTHORIZING THE CLERK/ TREASURER TO ISSUE A WARRANT TO PAY THE PURCHASE PRICE AND CLOSING COSTS ASSOCIATED WITH THE TRANSACTION. councilmember Wolpin made a motion that the Council adopt Resolution No 93-51 which was seconded by Councilmember McCulloch. The motion passed by voice vote with four Councilmembers vo1:ing in the affirmative and Councilmembers Jones and Sokol voting against the motion. After discussion, Councilmember Westerman made a motion that the council appropriated $35,000 from the Capital Improvement Program, $35,000 from GO Bonds plus $20,000 from the Port Townsend 255 256 MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. Foundation. If more that $20,000 is raised by the Foundation, it will be put toward the bond which was seconded by Councilmember Wolpin and passed by voice vote with tour Councilmembers voting in the affirmative and Councilmembers Jones and Sokol voting against the motion. Discussion of fund allocation ensued. RESOLUTION NO 93-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING THE CITY COUNCIL'S INTENT TO ISSUE TAX EXEMPT BONDS TO FINANCE PURCHASE OF REAL PROPERTY AT THE SOUTHWESTERLY CORNER OF WATER AND ADAMS STREETS. Councilmember Wolpin made a motion that the Council adopt Resolution No 93-52 with the amount of $40,000 inserted which was seconded by Councilmember McCulloch. The motion passed by voice vote with four Councilmembers voting in the affirmative and Councilmembers Jones and Sokol voting against the motion. ORDINANCE NO 2359 AN ORDINANCE AMENDING THE 1993 CAPITAL IMPROVEMENTS PROGRAM TO INCLUDE PURCHASE OF REAL PROPERTY AT THE SOUTHWESTERLY CORNER OF WATER AND ADAMS STREETS. . 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 with the amount of $90,000 inserted which was seconded by Councilmember McCulloch and passed by voice vote with five Councilmembers 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 2359 which was seconded by Councilmember McCulloch and passed by roll call vote with four Councilmembers voting in the affirmative and Councilmembers Jones and Sokol voting against the motion. Ordinance No 2357 Amending 1993 Budget. ORDINANCE NO 2357 AN ORDINANCE APPROPRIATING THE SUM OF $3,954 TO THE CURRENT EXPENSE FUND, $ 8 , 935 TO THE STREET FUND, $4,161 TO THE LIBRARY FUND, $11,733 TO THE PARK FUND, $3,341 TO THE EMERGENCY MEDICAL SERVICES FUND, $26,654 TO THE WATER-SEWER FUND, $3,339 TO THE STORM AND SURFACE WATER FUND, AND $3,004 TO THE EQUIPMENT RENTAL FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. Mr Grove explained the ordinance and read the ordinance by title. Councilmember McCulloch made a motion that the second reading considered the third and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Jones made a motion that the Council adopt Ordinance No 2357 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. MAYOR'S REPORT Mayor Clise reported that he will be out of town for the next Councilmeeting and thatþe will ask Mayor Pro-Tem Camfield to chair the meeting. .! , -", I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. Mayor Clise invited all hosts of the PT 20/20 coffee hours as well as anyone else who is interested to attend a workshop meeting on May 11, 1993 at 7:00 PM in the community Center. Mayor Clise reported that the statue from Haller Fountain will be in the Rhododendron Festival Parade on May 15,1993, and Mr Wheeler reported that the plans have been completed for the fountain itself and the goal is that the Fountain will be completed by July 4, 1993. They are looking at the fountain park area as a possible infiltration treatment type of system for stormwater drainage. RECESS Mayor Clise declared a recess at 9:25 PM. at 9:30 PM. The meeting reconvened COMMITTEE REPORTS/STAFF REPORTS Legislative/Environmental. Councilmember McCulloch made a appearance of fairness statement that her niece works for Vantage Homes and resides with her, although she has never discussed any project of Vantage Homes with her. Since there were no obje:ctions from either Councilor the audience, Councilmember McCulloch remained. Councilmember Wolpin discussed the Committee's deter- minations including comments by Lee Wilburn, Proponent, Darlene Bloomfield, Planner, Mr Wheeler and Mr McLerran. Councilmember Wolpin made a motion that Council adopt the following mitigating measures and make a Mitigated Determination of Non-Significance for the Port Townsend Business Park which was seconded by Councilmember Jones. Mr Wilburn confirmed that he agrees to these mitigating measures. The motion passed unanimously by voice vote. A. EARTH 1. To mitigate possible soil and water erosion hazards from the proposal during the construction stage, the applicant shall follow the recommendation for erosion and sediment control indicated in the Site stormwater Plan dated January, 1993, as prepared by CH2M-Hill. Prior to issuance of a grading permit the applicant shall submit, for approval by the Public: Works Director, a revised phasing plan for temporary e,rosion measures. 2. To mitigate site soils moisture sensitivity, native soils shall not be used as a structural fill unless conditioned, placed, and compacted during periods of extended dry weather as specified in the Myers Biodynamic Inc. Geotechnical Evaluation dated March 10, 1993. 3. To mitigate the possibility of unstable soils as discussed in the Myers Biodynamic Inc. geotechnical Evaluation dated March 10, 1993, a California Bearing Ratio (CBR) value of 20 shall be used in road section pavement design where structural fill or firm, non-yielding native soils are present. The CBH shall be specified in the application for clearing and g'rading permit. 4. To mitigate the possibility of unstable soils as discussed in the Myers Biodynamic Inc. geotechnical Evaluation dated March 10, 1993, site preparation shall include removal of topsoil and proof rolling of subgrade soils prïor to placing road sections or structural fill for support of structures. To mitigate loose, wet soils in the southeast portion of the site as discussed in the Myers Biodynamic Inc. geotechnical Evaluation dated March 10, 1993, engineered foundation plans or further soils studies shall be required, for review by the Building Official and/or the City Engineer, to address special construction considerations for foundation support and 5. 257 258 D. 10. E. F. G. 11. MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. drainage once preliminary plans are developed for the structures. Further information shall be submitted to the Planning Director prior to PUD approval which specifies the particular building sites where this mitigation is applicable. B. AIR 6. To mitigate adverse air quality impacts due to dust during dry weather, construction areas shall be watered to suppress dust. In order to reduce potential surface and ground water contamination, chemical dust suppressants shall not be used. 7. To mitigate adverse air quality impacts on neighboring residents and businesses, vegetation removed for construction shall not be burned but shall instead be delivered to the City-County composting facility on Jacob Miller Road. Tree trunks and branches larger than six inches in diameter shall be saved for fire wood. Every reasonable effort shall be made to dispose of stumps off-site, but as a last resort stumps may be burned on-site subject to the following conditions: a) A burn permit is obtained from the Port Townsend Fire Department. b) c) A gentle wind is blowing from the north. If smoke appears to envelop or enter any residences or businesses, the fire shall be immediately extinguished. d) The fire shall be completely extinguished by sunset each day. e) Applicant assumes responsibility for any and all smoke or fire damage which results from burning on-site. C. WATER 8. To mitigate the impact on stormwater runoff the applicant shall submit a final stormwater drainage plan for approval by the City Engineer prior to grading and clearing or building permit approval. The stormwater drainage plan shall be substantially based on the preliminary plan submitted by CH2M- Hill dated January, 1993, which was supported by the 1992 Department of Ecology Technical Manual of stormwater Management for puget Sound. 9. To mitigate the possibility of groundwater pollution, the applicant shall propose a pesticide and herbicid~ management plan prior to approval of the PUD. PLANTS To mitigate the removal of native plant species during development, and to minimize the need for excessive watering of landscape plants, the final landscaping plan shall be limited to drought tolerant and native species plants. ANIMALS No mitigation measure is proposed. ENERGY AND NATURAL RESOURCES No mitigation measure is proposed. ENVIRONMENTAL HEALTH To mitigate possible pollution by hazardous waste, all uses established in the Business Park shall be subject to the laws I I I I I I H. 12. I. 13. 14. 15. 16. J. K. 17. L. 18. 19. M. 20. MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. governing hazardous waste disposal set forth by the State and Federal governments and by the ordinances of the City of Port Townsend in effect at the time of application for each building permit. NOISE Construction on the site shall be limited to the hours of 7 AM to 6 PM Monday through Friday, and prohibited on weekends and national holidays. Any exceptions made necessary by special and unusual circumstances must be approved in advance by the Building Official. LAND AND SHORELINE USE. To provide consistency with the comprehensive plan the proposed business park shall be occupied primarily by industrial uses. To mitigate the possibility of offic~ or retail uses occupying lands needed for industrial acti"ities, no more than 20% of the total gross building floor area of the business park shall be occupied by either office or retail uses. However, this mitigation measure shall not apply to floor area occupied by accessory offices to industrial uses which occupy no more than 20% of the floor area of any building, or by retail sale of goods manufactured on the premises. To mitigate possible inconsistencies with land use require- ments currently applicable on the subject site, the proposed Planned Unit Development must meet the criteria set forth in section 17.40.040 of the Port Townsend Municipal Code.. The applicant shall receive a puget Power Easement Consent of Use Permit prior to issuance of a building permit. All specified elements of this proposal which are incorporated into the plans and CCR's submitted as part of this proposal shall be made specific conditions within the PUDA. HOUSING No mitigation is proposed. AESTHETICS Storage yards which abut the perimeter of the site, shall be screened with view-obscuring fencing and/or hedges to mitigate the negative visual impact on the surrounding neighborhoods. LIGHT AND GLARE Shielding shall be used on all exterior lighting to mitigate light and glare from affecting traffic safety and neighborhood privacy. To mitigate the hazards of traveling on dark streets, the applicant shall provide street lights along the primary access road. Lighting shall be designed to provide safe and secure operation of vehicles, with care given to provide lighting that enhances pedestrian safety along the access road to pedestrian trails on Howard and Cliff streets. RECREATION To mitigate the increased need for recreation in the area the applicant shall supply public recreational and open space facilities, as specified in the CC&Rs. To aid in pedE~strian travel the applicant shall coordinate trail improvements with the North Sound Bank proposal. 259 260 MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. N. HISTORICAL AND CULTURAL PRESERVATION 21. To mitigate potential impacts to archeological resources which may be discovered during excavation, work shall be stopped if such materials are discovered and the Washington State Office of Archaeology and Historical Preservation should be notified immediately, and construction temporarily halted. O. TRANSPORTATION To mitigate possible hazardous traffic flows generated from the proposed business park the following improvements shall be made: 22. Prior to approval of a PUD, the applicant shall submit a written statement from Jefferson County Transit stating projected needs for transit stops and/or facilities within the business park. In addition, the applicant shall consider dedications and/or improvements consistent with the Jefferson County Transit recommendations. 23. The applicant has reached agreement with the abutting North Sound Bank to share in improvements at the intersection of Cliff Street and State Route 20/Sims Way. These improvements include installation of left-turn lanes for both westbound and eastbound traffic on Sims Way and lumination of the intersection. In the event that North Sound Bank does not install these left turn lanes, the applicant shall complete such installation. Specific design and construction drawings shall be submitted for approval of the WSDOT and the City Planning Director prior to issuance of any road construction permits for the Cliff Street intersection. 24. Howard Street shall be established as the construction entrance to the site, and a sign reading "Business Park Truck Entrance" shall be installed at the applicant's expense at Howard Street and Sims Way. Such sign shall be erected by WSDOT or the City of Port Townsend and shall meet the specification of the Manual of Uniform Traffic Control Devices. 25. Intersection improvements shall be installed at Howard Street prior to receipt of a building permit for a net total of 50,000 square feet of building area for the business park. Improvements shall include the installation of a left-hand turn lane for eastbound traffic into the project, and the installation of an acceleration lane on Sims Way from Howard Street. Specific design and construction drawings shall be submitted for approval of the WSDOT and the City Planning Director prior to issuance of any road construction permits for the Howard Street intersection. 26. The applicant shall install street lights, consistent with the recommendations of the Gateway Development Plan, at the intersections of Howard and Cliff streets with Sims Way. The lights shall be installed at the time of intersection improvement to the State Highway. 27. Prior to initiation of Phase C, the applicant shall submit a supplemental traffic impact assessment which re-evaluates traffic generation based on the actual occupancy of Phases A and B, and projects traffic impacts to full build-out of the business park. This assessment'will also eva).}J.qt~ the present and projected warrants for one or more traffic signals, extension of Howard to Discovery Road, and any other . improvements which are warranted by the evaluation. The applicant agrees to pay fair-share contributions to warranted traffic improvements made within five years of initiation of Phase C of the business park based on the proportionate share' I I I I I I 28. P. 29. Q. 30. 31. MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. of traffic generated by the business park which necessitates each such improvement. Generally accepted methods will be used in determining the actual value of the applicant's contribution. The applicant shall submit final documentation of the following dedications of additional street rights-of-way prior to PUD approval: a) An addition to Howard street of approximately 80 feet in width abutting the western boundary of the parcel owned by Jefferson County. b) A thirty-foot-wide addition to Howard Street from the appl icant abutting the entire western boundary of the subject site. The southern most section of Howard street will require a dedication of up to 60 feet,: the applicant's dedication of Howard Street shall provide a cumulative 60-foot total width of dedicated street: along the entire length of the property. c) A twenty-foot-wide addition to Cliff street from North Sound Bank abutting the North Sound Bank site. d) A fifty-foot-wide addition to Cliff street from Jefferson County abutting the eastern boundary of the parcel owned by Jefferson County. PUBLIC SERVICES To mitigate the lack of fire protection services a the proposed site, fire hydrants shall be installed as indicated on the "Water/Sanitary Sewer Plan dated 4/6/93." UTILITIES To mitigate the lack of adequate water and sewer service to the site, the applicant shall extend water and sewer main lines in the locations and sizes indicated on the phased water and sewer plans dated 4/6/93. Twenty-five foot wide utility easements shall be dedicated for the location of the subject main lines prior to approval of the Planned Unit Development Approval. To mitigate deficient water pressure on the subject si t:e, the applicant shall contribute to the development of a water stand pipe in an amount equal to the avoided cost of constructing a booster pump station (or storage tank etc.) to serve the proposed development. Proposed phases A, Band C may be constructed prior to completion of the City's water storage standpipe project. The applicant and the City Public Works Director shall attempt to agree on the estimated avoidE!d cost value. If they fail to come to agreement by June 1, 1993, the value shall be set prior to issuance of any permits for construction, excavation or grading through binding arbitration. An arbitration panel of three members shall be convened as follows: the applicant and the Public Works Director shall each appoint one member and these two appointees shall choose the third member who shall serve as chair. Any costs of the arbitration panel shall be paid in equal shares by the applicant and the City. Upon ini t,iation of Phase D of the project or upon completion of the stand-pipe project by the City of Port Townsend, which ever occurs first, the applicant shall pay the estimated avoided cost value to the City. In the event the City is unable to complete the water storage stand pipe project wi thin three years of receipt 261 262 MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. of the applicant's share, the applicants payment shall be returned with interest paid at the same rate earned by the City on its short term investments. 32. The applicant shall comply with all applicable state, federal and local laws and regulations in effect at the time of application for building permits, and in the event any of the foregoing mitigation measures is in conflict with any such law or regulation, the more restrictive shall apply. Planned Unit Development Code Amendment. Councilmember Wolpin requested Ms Bloomfield to explain the amendment, which she did. After a brief discussion including Mr McLerran, Councilmember Wolpin made a motion that Council make a Determination of Non- Significance for the Planned Unit Development Code Amendment which was seconded by Councilmember Jones and passed unanimously by voice vote. Street/storm Drainage/Light. Councilmember Jones reported that the Committee met and discussed a request for a street light at Hill Place and 12th street and recommends not to put in a light at this time and that a policy for street lights be developed. Mayor Clise suggested that this be put in next year's work program during the retreat in the fall. Councilmember Jones reported that handicap ramps and other problems on downtown streets and a tape of comments made by Mel Dunivin, who is wheelchair bound, were discussed. Mr Wheeler will be meeting with Mr Dunivin and victoria Christiansen to discuss these problems. Mr Wheeler confirmed that standards for the street corners and sidewalk issues will be worked on and he will be working to prioritize the problems during his meeting. Mr McLerran reported that there are standards in the Americans with Disabilities Act that the city needs to be sensitive to and implement. Councilmember Jones also reported that the Committee discussed parking at the corner of Walnut and W streets by the Fort Gate and suggest the City wait before doing anything at this site. Mr Wheeler discussed whether there should be parking at this site in relation to erosion of the bluff, traffic safety concerns in the intersection and the life expectancy of the Madrona tree. Mr Hildt discussed the area in relation to street ends and view points. Councilmember Jones stated that the neighbors should call the police if there are loud parties and drinking going on. Further discussion of the bluff, parking, signage and camping including Chief Newton ensued. Discussion of a study of the bluff including Mr Wheeler ensued. Councilmember McCulloch made a motion that Council authorize staff to look into a consultant study and report back to Council which was seconded by Councilmember Wolpin. After further discussion, the motion passed unanimously by voice vote. Councilmember Jones reported that the Committee discussed planting and signing for the Triangle Park, the blacktopping in the parking area at City Dock, and a problem with the parking in front of the Rose Theater that does not meet the Fire Code. Mr Wheeler discussed the cost and problems of restriping Taylor street and suggested that a loading zone be established until the restriping issue can be addressed. city Attorney. Mr McLerran reported that he and Mayor Clise have met with Summit Cablevision; has looked at the recommendations of the citizens committee that has been working on the franchise issue; a draft ordinance for the franchise has been submitted by Summit Cablevision: and that he will be getting more information for discussion at the next Councilmeeting. I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. Community Services. Councilmember Wolpin reported that the Commi ttee has looked at the draft report that came from the citizen group, formed to review the cable television franchise, acknowledged that the Cable regulations are changing no'w, and offered to have a preliminary meeting with everyone involved before it comes to Council. A discussion with Mr McLerran ensued. ci ty Attorney. Mr McLerran reported that he has sent a memorandum on the appearance of fairness to Councilmembers as well as other decision making bodies of the City. There are a number of controversial projects coming up that appearance of fairness concerns need to be addressed. Mr McLerran reviewed correspondence written to Council on quasi-judicial matters in relation to the appearance of fairness doctrine. A discussion ensued. Mr McLerran reported that there have been several public disclosure requests regarding the Rose Theater HUD loan. Mr McLerran stated that the HUD Block Grant money is Federal; has been used and paid back, and there are Federal guidelines for re-Ioaning the funds; he has reviewed the files of Main Street and former City At:torney Harper. There are two reasons that washington State Article 8, section 7 do not apply: 1) these are Federal funds and the City is just acting as a "pass through agent" and 2) the state Legislature has adopted statutes that the allocation of Pederal Block Grant monies for purposes that might be unconstitutional under washington state Constitution is not a conflict wi th J~rticle 8, Section 7. Mr McLerran stated that his conclusion is that this is not problematic. Police. Chief Newton reported that since a Port Townsend rE!sident was arrested for an armed bank robbery in Everett, the FBI has been investigating and has arrested another Port Townsend residE~nt and a Port Hadlock resident on similar charges. Planning and Building. Mr Hildt reported that there will be a three part agreement for the next Councilmeeting for a development in which the proponent agrees to pay for an environmental impact statement, the City is responsible for writing, and a consultant will be hired to do the work and facilitate the citizen process that goes along with it. Public Works. Mr Wheeler reported that on May 22,1993, the City will have prison labor to help remove rocks in the Jackson BE~quest. Mr Wheeler reported that the paving project in Grant StrE!et has been completed and the street should be open in the next fe'~ days. Biosolids. Mr Wheeler reported that the City is still working with the State on a permit for groundwater discharge and more mE~etings will be held. Mr Wheeler reported that Public Works will be coming to Council in June to discuss yardwaste. A plan for the disposal of tree stumps is being worked out with the County. Water Pressure Issues. Mr Wheeler reported that water pressure issues will also be discussed with Council at the next Councilmeeting on May 17, 1993. Raft Race. Mr Wheeler announced that the first and only raft race in the oxidation ditches will be held on June 3, 1993, at 3:00 PM and encouraged all to attend. 263 264 MINUTES OF THE REGULAR SESSION OF MAY 3,1993, Cont. RESOLUTION NO 93-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Bill Matthews has agreed to construct a 6-inch water line in Maple Street between M and N streets within the service area of the City of Port Townsend. Councilmember Westerman made a motion that the Council adopt Resolution No 93-53 which was seconded by Councilmember Sokol and passed unanimously by voice vote. RESOLUTION NO 93-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Bill Matthews has agreed to construct an 8-inch sewer line in Maple Street between M and N Streets within the service area of the City of Port Townsend. Councilmember Westerman made a motion that the Council adopt Resolution No 93-54 which was seconded by Councilmember Sokol and passed unanimously by voice vote. RESOLUTION NO 93-55 A RESOLUTION AUTHORIZING POLARIS ENGINEERING AND SURVEYING TO APPLY TO THE FLOOD CONTROL ASSISTANCE PROGRAM FOR GRANT FUNDS FOR A CITY FLOOD CONTROL PROJECT SERVICE TWO CLOSED BASINS WITHIN THE CITY. Councilmember Westerman made a motion that the Council adopt Resolution No 93-55 which was seconded by Councilmember Sokol and passed unanimously by voice vote. RESOLUTION NO 93-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AGREEMENT WITH UTILITY SERVICES ASSOCIATION, INC FOR LEAK DETECTION SERVICES ON APPROXIMATELY 25 MILES OF WATER MAIN PIPELINES. Councilmember Sokol made a motion that the Council adopt Resolution No 93-56 which was seconded by Councilmember Jones and passed unanimously by voice vote. civil Service Commission. Mr Grove reported that the Civil Service commission has approved testing for Fire Lieutenant, a promotional position, accepting applications for a Parking Enforcement Officer due to the retirement of Luanne Boice, and for an eligibility list for Firefighter/Paramedic. NEW BUSINESS Ordinance on Applications. Disclosure Information of Business License on ORDINANCE NO 2360 AN ORDINANCE REGARDING DISCLOSURE OF INFORMATION CONTAINED IN BUSINESS LICENSE APPLICATIONS AND RETURNS AMENDING CHAPTER 5.04 I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. OF THE PORT TOWNSEND MUNICIPAL CODE BY AMENDING SECTION 5.04.340 OF THE PORT TOWNSEND MUNICIPAL CODE TO MAKE IT LAWFUL TO ALLOW DISCLOSURE OF SUCH INFORMATION TO ANY DULY COMMISSIONED FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENT UPON CERTIFICATION THAT SUCH INFORMATION IS REQUIRED AS PART OF A CRIMINAL INVESTIGATION. Mr McLerran and Chief Newton explained the ordinance. 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 Westerman. After discussion, Councilmember McCulloch withdrew her motion and Councilmember Westerman withdrew her second. Councilmember McCulloch made a motion that Council amend Ordinance No 2:360 by striking "members of the City Council" and that the first reading be considered the second and the third be by title only which was seconded by Councilmember Westerman 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 2360 which was seconded by Councilmember Jones and passed unanimously by roll call vote. Ordinance Relating to Operation of Bicycles on Sidewalks. ORDNANCE NO 2361 AN ORDINANCE RELATED TO OPERATION OF BICYCLES AMENDING SECTION 10.32.060 OF CHAPTER 10.32 OF THE PORT TOWNSEND MUNICIPAL CODE AUTHORIZING BICYCLE PATROL OFFICERS TO LAWFULLY RIDE BICYCLES UPON THE SIDEWALK WHILE CONDUCTING OFFICIAL POLICE BUSINESS. Mr McLerran explained the ordinance. Mr Grove read the ordinance by title. . Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Sokol and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Council- member Owsley made a motion that the Council adopt Ordinance No 2361 which was seconded by Councilmember Sokol and passed unanimously by roll call vote. Ordinance Relating to Vacation Accrual. ORDINANCE NO 2362 AN ORDINANCE RELATING TO ACCRUAL OF ANNUAL VACATION FOR CITY EMPLOYEES BY AMENDING ORDINANCE NO 1673 AS AMENDED AND SECTIONS 2.04.020 AND 2.64.030 OF THE PORT TOWNSEND MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove explained the ordinance and 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 Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2362 which was seconded by Councilmember Jones and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION Councilmember McCulloch stated that she would like Council 'to look at the commitment made by the State to do a non-project SEPA for Fort Worden and suggested that this be put on the agenda for the next meeting. 265 266 MINUTES OF THE REGULAR SESSION OF MAY 3, 19~3, Cont. EXECUTIVE SESSION Mayor Clise recessed the meeting into EXec?tive s~ssion to discuss litigation including Dennis McLerran and Mlchael Hlldt at 11:50 PM. The meeting was reconvened at 12:05 AM. ADJOURNMENT Attest: , There being no further business, adjourned at 12:05 AM. eclared the meeting Å4~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MAY 17, 1993 The city Council of the City of Port Townsend met in regular session this Seventeenth day of May, 1993, at 7: 05 PM in the Council Chambers of City Hall, Mayor Pro-Tem Jean Camfield presiding. PRIORITY ITEM Olympic String Quartet Performance. Mayor Pro-Tem Camfield introduced The Olympic String Quartet, featuring Andrew DeWeese, violin; Aaron Ferschke, violin; Sarah Quemada, viola and Monica McCallum, cello, who performed the first two movements of the "American" quartet, Ope 96 by Antonin Dvorak. ROLL CALL Councilmembers 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, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. Mayor Clise was excused. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Sokol and passed unanimously by voice vote. Approval of the Minutes for April 19, 1993, as written without reading. Approval of the following Bills and Claims: Current Expense Street Library Park Arterial Street Hotel/Motel Emergency Medical Services Waste Water Treatment Facility Water Quality Improvements GO Bond projects FAUS Construction Projects Water-Sewer $ 118,718.33 6,199.81 86.53 5,447.78 4,689.00 1,849.60 62.70 259,180.34 51,675.82 20,894.22 2,508.73 32,063.02 Const I I I