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HomeMy WebLinkAbout05/17/1993 266 MINUTES OF THE REGULAR SESSION OF MAY 3, 1993, Cont. EXECUTIVE SESSION Mayor Clise recessed the meeting into Exec~tive s~ssion to c~iscuss litigation including Dennis McLerran and M1chael H1ldt 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 ~~ 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 Olymt>ic String Ouartet Performance. Mayor Pro-Tem Camfield introduced The Olympic string Quartet, featuring Andrew D'3Weese, 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 Grov,e, 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 i.tems on the Consent Agenda which was seconded by Councilmember Solml 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 Const $ 118,7113.33 6,199.81 86.53 5,447.78 4,689.00 1,849.60 62.70 259,180.34 51,67!; . 82 20,894.22 2,508.73 32,063.02 I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 17,1993, Cont.. Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total 32,064.86 6,549.59 972.27 $ 542, 96;~. 60 Adoption of Resolutions: RESOLUTION NO 93-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH CH2M HILL FOR ENGINEERING DESIGN SERVICES FOR THE CHLORINE CONTACT WATER STANDPIPE WITHIN THE CITY LIMITS. RESOLUTION NO 93-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH CH2M HILL FOR ENGINEERING DESIGN SERVICES FOR THE CHLORINE CONTACT WATER STANDPIPE WITHIN THE COUNTY. RESOLUTION NO 93-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH POLARIS ENGINEERING AND SURVEYING, INC FOR GENERAL CIVIL ENGINEERING AND SURVEYING SERVICES. Communications: A letter dated May 4, 1993, from Darlene Bloomfield, Planner, to Glenda Hultman Geerlofs, Attorney at Law, concerning the operations of Colinwood Farms was copied for Council. A letter dated May 4,1993, from Evan Jones, State Represeni:ative, 24th Legislative District, reporting that the proposed new flees and fee increases in the State Parks was rescinded by the StatE~ Parks Commission on April 23, 1993, was copied for Council. A letter dated May 5, 1993, from Bruce Marston in support of the Mayor's effort to ban the use of herbicide 2-4D from use at the City lease golf course was copied for Council and referred to the Parks/Property Committee. A letter dated May 6, 1993, from Gordon Meling, President, Superior Refuse Removal, Inc, including a few alternatives in regard to the yard waste program was copied for Council and referred to Council- member Westerman and Mr Grove. A letter dated May 10, 1993, from Calmar McCune to Ann J IlJ:organ, Manager, Division of Aquatic Lands, Washington State Department of Natural Resources, about the importance of removing Union Wharf and offering his money and services as a possible partial solution was copied for Council. A letter dated May 10, 1993, from Dana Roberts and Carol Anne Modena endorsing a strong stand against the use of herbicides at the Golf Course was copied for Council and referred to the Parks/ Property Committee. A letter dated May 12, 1993, from John Pryor, President, Economic Development Council of Jefferson County, requesting considl~ration of a $1,000 investment in their production of the Jefferson county/City of Port Townsend Relocation and Investor's Guide was copied for Council and referred to the Finance Committee. 267 268 MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. A letter dated May 13, 1993, from Sheridith Robison, Chair, Tourism Coordinating Council, requesting concurrence with their recommendation that the City and County fund a promotion within the 1993 Olympic Guide published by Olympic Publishing of Port Ludlow from the 1993 TCC Budget was copied for Council and referred to the Finance Committee. A letter dated May 13, 1993, from Doug Lamy discussing leased parking to fulfill parking requirements was copied for Council and referred to the Planning Department. This concludes the Consent Agenda. UNFINISHED BUSINESS P T Business Park Environmental Determination. Mr McLerran explained that this is back on the agenda tonight because of an appearance of fairness issue and that Council will be making a new decision this night. A memorandum from Mayor Clise dated May 12, 1993, regarding the Port Townsend Business Park state Environmental Policy Act determination has been entered into the record stating that he attended a Chamber of Commerce meeting in which Lee Wilburn, the project proponent for the Port Townsend Business Park, made a presentation regarding the project. A discussion of the concern over the Mayor presiding over the meeting even though he does not vote, ensued. Councilmember Sokol disclosed that he was not at that Chamber of Commerce meeting or else he does not remember the presentation. Councilmember McCulloch disclosed 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 objections from either Councilor the audience, Councilmembers McCulloch and Sokol remained. Councilmember Wolpin confirmed that the rest of the Councilmembers had all received and read the material pertaining to the Port Townsend Business Park determination and reviewed the conclusions and recommendations of the Legislative/Environmental Committee. Councilmember Wolpin made a motion that the Council approve the following mitigating measures and make a Determination of Non-Significance for the Port Townsend Business Park which was seconded by Councilmember Jones. Each Councilmember stated for the record that they have reviewed the material, feels fully informed and is ready to vote. The motion passed unanimously by voice vote. A. 1. EARTH 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 erosion 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 CBR shall be specified in the application for clearing and grading permit. 4. To mitigate the possibility of unstable soils as discussed in the Myers Biodynamic Inc. geotechnical Evaluation dated March I I I I I I 5. B. 6. MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont.. 10, 1993, site preparation shall include removal of 1:opsoil and proof rolling of subgrade soils prior 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 drainage once preliminary plans are developed for the structures. Further information shall be submitted to the Planning Director prior to PUD approval which specifiE~s the particular building sites where this mitigation is applicable. AIR 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 suns,et each day. e) Applicant assumes responsibility for any and all smoke or fire damage which results from burning on-site. C. 8. WATER 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 permi t 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 herbicide management plan prior to approval of the PUD. D. PLANTS 10. 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. E. ANIMALS No mitigation measure is proposed. 269 270 G. 11. H. 12. I. 13. 14. 15. 16. J. K. 17. L. 18. 19. M. 20. MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. F. 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 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 office or retail uses occupying lands needed for industrial activities, 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 pedestrian travel the applicant shall coordinate trail improvements with the North Sound Bank proposal. I I I I I I N. 21. O. 22. 23. 24. 25. 26. 27. MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. HISTORICAL AND CULTURAL PRESERVATION 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. TRANSPORTATION To mitigate possible hazardous traffic flows generated from the proposed business park the following improvements shall be made: 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. The applicant has reached agreement with the abuttin9 North Sound Bank to share in improvements at the intersect:ion of Cliff street and SR20/Sims Way. These improvements include installation of left-turn lanes for both wèstbound 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. 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. 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 le:Et-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. 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 inter!;ection improvement to the state Highway. 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 evaluate 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 proportionabe share of traffic generated by the business park which necessitates 271 272 ~ P. 29. Q. 30. 31. MINUTES OF THE REGULAR SESSION OF MAY 17,1993, Cont. each such improvement. Generally accepted methods will be used in determining the actual value of the applicant' s contribution. 28. The applicant shall submit final documentation of ~he following dedications of additional street rights-of-way prl0r 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. A thirty-foot-wide addition to Howard Street from the applicant 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. b) c) A twenty-foot-wide addition to Cliff Street from North S~und 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 site, 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 avoided 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 initiation 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 wa.ter störag7 ~t.,.~~Q.. p~~e.project W.. it. hin~]. h. reey~~rs Of. re..ceiPt ~f tpe appllCâtlt S . S ~~e, :th$ åb~J11.cllitits t>a~erit shall ;,þe returned trli 1:h int~reš þaid ât th~ san\l! Ì'åte e~Fried by the City on its short term investments. I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. 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. MAYOR'S REPORT PT 2020. Mr Hildt reported on the PT 2020 Coffee Hour results and explained the process: 80 Coffee Hours were held, 560 people participated in those Coffee Hours, an estimated 1400 hours of volunteer work went in to what people feel about Port Townsend. The results were then compiled: to expect that the result of a process like this would be a short three-sentence statement that everybody can agree on is unrealistic. The responses frc::>m the people who attended last week's meeting were indicated that they were pleased with the process, it was an energizing experience and some of the groups want to come back together. Another meeting has been scheduled for May 25,1993, at 7:00 PM at the Community Center to begin to prioritize the results and everyone is welcome. Councilmember Wolpin stated that most of the meeting was videotaped and Councilmember McCulloch stated that she is almost through with it and will pass it on to Councilmember Westerman. A brief discussion of the response and this process, Town Hall Forum and public education ensued. COMMITTEE REPORTS/STAFF REPORTS Port Boat Wash Facility. Councilmember Wolpin explained some of the mitigation measures. After discussion including Ken Radon, Operations Manager, Port of Port Townsend, during which Mr Radon stated that the Port has no problems with the mitigating measures. Councilmember Wolpin made a motion that the Council adopt the following mitigating measures and make a Mitigated Determina1:ion of Non-Significance for the Port of Port Townsend's boat wash-down facility which was seconded by Councilmember Jones and passed unanimously by voice vote. 1. EARTH To mitigate potential significant impacts to soil erosion and an increase in stormwater runoff, a stormwater det:ention facility shall be installed. The facility shall collect stormwater for the project area, treat it, and release the stormwater at is historical rate. The design of the facility must be approved by the City Engineer prior to a building permit. 2. AIR To mitigate potential significant impacts to air quali1:y, the proponent shall contact the Olympic Air Pollution Control Authority to obtain any necessary approval for air emissions. 3. WATER To mitigate potential significant adverse impacts to water quali ty , the proponent shall incorporate Best Management Practices for stormwater control as required undl~r the Department of Ecology's NPDES General Permit. 4. ENVIRONMENTAL HEALTH: HazardousWaste To mitigate potential significant adverse impacts to environ- mental health, prior to issuance of a building permit, the proponent shall obtain approval from the Fire Chief for the ultrasorb facility location and screening. The placelnent of the facility shall meet the criteria and standards for tank storage inside buildings and hazardous materials storage requirements, as described in Article 79 and 80 of the Uniform Fire Code. 273 274 MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. ENVIRONMENTAL HEALTH: Sludge 5. To mitigate potential adverse impacts to environmental health, sludge shall be tested for toxicity prior to being disposed at the County landfill or city sludge facility. The proponent shall contact the County Health Department for information about sludge tests and disposal at the landfill. 6. To mitigate potential adverse impacts to environmental health and water quality, the proponent should remove solid marine growth, such as barnacles and mussels. Marine debris shall be disposed of according to Health Department standards. If odors become a problem, the proponent shall provide for additional waste disposal services. 7. LAND AND SHORELINE USE A shoreline substantial development permit is required. The proposed project must be consistent with all applicable policies and other provisions of the Shoreline Management Act, its rules, and the City's shoreline master program. This includes, but is not limited to, those master program provisions pertaining to port facilities in the Port Townsend Urban Waterfront Special District. Port Underground Fuel Tanks. Councilmember Wolpin explained the project and confirmed that all Councilmembers have received the packet of information. After discussion including Mr McLerran, Councilmember Wolpin made a motion that the Council make a Determination of Non-Significance for the Port of Port Townsend's floating moorage fuel facility which was seconded by Councilmember Jones and passed unanimously by voice vote. Policy Issues about Water Pressure. Mr Wheeler explained the problems with water pressure in the higher elevations in the city and the standpipe project and lined out several choices for funding the project. David Peterson, CH2M Hill, described the technical problems and explained that the whole purpose of the standpipe is to maintain at least 30 pounds of water pressure in all areas of the City as required by the State Health Department. The standpipe is a 1.5 million gallon reservoir about eighty feet tall which will add about 20 pounds of pressure to the waterlines. At present, there are no pumps in the city and the waterlines are all gravity flow. Further discussion of the Chlorine Contact Time, the standpipe, costs and funding, fireflow and firefighting capabilities, permit conditioning, state Environmental Policy Act (SEPA) mitigation, impact fees and fair share fees including Mr Wheeler, Mr McLerran, Mr Peterson and the Council-members ensued. Councilmember McCulloch made a motion that Council accept the recommendation that the ci ty proceed wi th the voluntary SEPA/voluntary mitigation approach until such time as impact fees may be considered which was seconded by Councilmember Westerman and passed unanimously by voice vote. An explanation of "voluntary" by Mr McLerran ensued. Report on O'Meara State Environmental Policy Act checklist. Councilmember Wolpin confirmed that all Councilmembers have received a copy of the checklist and discussed it briefly. Mr Hildt confirmed that Mr O'Meara has agreed to the mitigation measures. Councilmember Wolpin made a motion that the Council adopt the following mitigating measures and make a Mitigated Determination of Non-Significance for O'Meara Construction Company to build six houses which was seconded by Councilmember Jones and passed unanimously by voice vote. A. EARTH No Mitigation I I I I B. 1. C. 2. D. G. H. 3. I. I J. K. L. M. N. 4. I MINUTES OF THE REGULAR SESSION OF MAY 17,1993, Cont. AIR To mitigate adverse air impacts due to dust during dry weather, construction areas shall be watered to suppresf:> dust. In order to reduce potential surface and ground water contamination, chemical dust suppressants shall not be, used. WATER To mitigate the impact on stormwater runoff the applicant shall install a stormwater system which will accommodate the run-off from the existing and proposed impervious surfaces. The City Engineer approved a stormwater plan on April 8" 1993. PLANTS No mitigation measure is proposed. E. ANIMALS No mitigation measure is proposed. F. ENERGY AND NATURAL RESOURCES No mitigation measure is proposed. ENVIRONMENTAL HEALTH No mitigation measure is proposed. NOISE The hours of outdoor construction work shall be limited to between the hours of 8 AM and 6 PM Monday through Friday. LAND AND SHORELINE USE. No mitigation measure is proposed. HOUSING No mitigation measure is proposed. AESTHETICS No mitigation measure is proposed. LIGHT AND GLARE No mitigation measure is proposed. RECREATION No mitigation measure is proposed. HISTORICAL AND CULTURAL PRESERVATION To mitigate potential impacts to archeological resources which may be discovered during excavation, work shall be stopped if such materials are discovered and the State Historic Preservation Officer shall be contacted immediately. O. TRANSPORTATION No mitigation measure is proposed. P. PUBLIC SERVICES No mitigation measure is proposed. Q. 5. UTILITIES To mitigate the cumulative impacts of the development on water pressure, a booster pump shall be installed for the! sixth house prior to occupancy. The design and capacity of the pump shall be reviewed and approved by the Public Works Director. Alternatively, the applicant shall make a fair-share contribution to the City water stand pipe project in an amount equal to the avoided cost of the booster pump. Chlorine Contact Pipeline. Councilmember Wolpin confirmed that all Councilmembers have received and read a copy of the checklist and discussed it briefly. After a brief discussion by Council, 275 276 G. H. 6. J. K. 7. MINUTES OF THE REGULAR SESSION OF MAY 17,1993, Cont. Councilmember wolpin made a motion that the Council adopt the following mitigating measures and make a Mitigated Determination of Non-Significance for the City of Port ~rownsend to make improvements necessary to meet the regulatory requirements of the Federal Surface Water Treatment Rule for filtration avoidance which was seconded by Councilmember Jones and passed unanimously by voice vote. A. 1. EARTH The applicant shall prepare and submit a temporary erosion and sediment control plan in accordance with the 1992 DOE Stormwater Manual, and a stormwater management plan for the completed project. The City Engineer shall approve the plans prior to issuance of the clearing and grading permit. 2. Prior to issuance of the clearing and grading permit, the applicant shall indicate the quantity of extracted materials will be deposited on-site and off-site. If materials are deposited off-site, the applicant shall indicate where and ensure that permission is' granted for such deposit. The Planning and Building Director shall approve the location of off-site dumping of excavated fill prior to issuance of the clearing and grading permit. B. AIR No mitigation measure is proposed. C. 3. WATER An Environmentally Sensitive Area Permit, including a wetland mitigation plan, shall be submitted to and approved by the Planning and Building Director prior to issuance of the clearing and grading permit. 4. Correct drainage problems caused by improperly installed culvert at Discovery Road and Rainier Street easement, as identified in Exhibit B. D. 5. PLANTS As much existing vegetation shall be preserved as possible. A final revegetation plan for disturbed wetland areas shall be included in the wetland mitigation plan discussed in mitigation measure 3 above. No chemical fertilizers, pesticides, or fungicides shall be used in the project area. E. ANIMALS No mitigation measure is proposed. F. ENERGY AND NATURAL RESOURCES No mitigation measure is proposed. ENVIRONMENTAL HEALTH No mitigation measure is proposed NOISE Construction activities shall be limited to 7 AM to 6 PM, Monday through Friday, except for special circumstances approved by the Planning and Building Director. I. LAND AND SHORELINE USE No mitigation measure is proposed. HOUSING No mitigation measure is proposed. AESTHETICS The new steel standpipe shall be painted with colors that are compatible with the adjacent environment. I I I I I I 8. L. 9. M. 10. N. 11. O. 12. 13. P. Q. MINUTES OF THE REGULAR SESSION OF MAY 17,1993, Cont.. A planting plan for the area around the new standpipe shall be submitted to and approved by the Planning and Building Director prior to issuance of the standpipe Building Permit. Plantings shall include fast-growing, evergreen tree,s with mature heights of as tall as possible. LIGHT AND GLARE If required by State or Federal law, lighting for air navigational purposes will be allowed, but shall be installed with maximum camouflage as possible, and approved by the Planning and Building Director. RECREATION Non-motorized travel maintenance roads. allowed the gravel along shall be HISTORICAL AND CULTURAL PRESERVATION To mitigate potential impacts to archeological resources which may be discovered during excavation, work shall be stopped immediately if such materials are discovered and thE! State Historic Preservation Officer will be contacted immediately. TRANSPORTATION Until the affected right-of-ways are opened and developed as city streets, motorized vehicles, except for city maintenance vehicles, shall be prohibited from using the graveled maintenance roads. Gates or blockages at access points shall be constructed and signed. If the city Council adopts an Arterial Street Plan. which includes Howard Street as a future arterial, the applicant should make every effort to coordinate the pipeline alignment to follow the same route delineated as the arterial route in the Arterial Street Plan, if it proves cost-effective and if it is consistent with the guidelines and timeline requirements of the State Department of Health. PUBLIC SERVICES No mitigation measure is proposed. UTILITIES No mitigation measure is proposed. After discussion of the hours for construction, the lead'-agency status, and wetland areas, Councilmember Wolpin made a motion that the Council adopt the following mitigating measures and make a Mitigated Determination of Non-Significance for the City of Port Townsend to construct a 30-inch pipeline and chlorination booster station necessary for implementation of the recommended CT compliance plan which are required to meet the regulatory requirements of the Federal Surface Water Treatment Rule for filtration avoidance which was seconded by Councilmember Jones and passed unanimously by voice vote. A. 1. B. 2. C. 3. EARTH The applicant shall prepare and submit a temporary erosion and sediment control plan in accordance with the 1992 DOE Stormwater Manual. AIR Clearing debris shall be hauled to the yard waste chipping facility at the Jefferson County landfill, except for stumps that are too large to be chipped. If a permit is granted, stumps that are too large to be chipped may be burned on site. WATER A Jefferson County Master Environmental Permit shall be completed and aPPf"oveQ) i.'i1Cllildift<j a wetland mitigation plan for impacted wetland areas ~ i I 277 278 I. J. K. L. M. N. 10. O. 11. P. 12. MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. 4. Should significant additional runoff result from these improvement, the contractor shall meet the BMP's outlined in the Stormwater Manual for the puget Sound Basin. D. 5. PLANTS As much existing vegetation shall be preserved as possible. A final revegetation plan for disturbed wetland areas shall be included in the wetland mitigation plan discussed in mitigation measure 2 above. Areas not intended for vehicle use where vegetation is disturbed shall be reseeded or revegetated as appropriate after construction is completed. No chemical fertilizers, pesticides, or fungicides shall be used in the project area. E. 6. ANIMALS Construction within one-half mile radius of the identified bald eagle's nest (T29N R1W S5 which is the section adjacent to the west of the proposed pipeline) shall be scheduled to avoid disturbance during the nesting season (January 1 through August 15). ENERGY AND NATURAL RESOURCES No mitigation measure is proposed. F. G. 7. ENVIRONMENTAL HEALTH The disinfection facility shall be designed and operated to meet local fire department requirements, and shall comply with current Federal, State and local safety regulations. H. 8. NOISE Construction activities shall normally be limited to daylight hours, however these hours may be revised by the Planning and Building Director if complaints suggest more restricted hours are necessary, or if extraordinary circumstances require work after dark. 9. A normal muffler shall be included on the emergency engine generator. LAND AND SHORELINE USE No mitigation measure is proposed. HOUSING No mitigation measure is proposed. AESTHETICS No mitigation measure is proposed. LIGHT AND GLARE No mitigation measure is proposed. RECREATION No mitigation measure is proposed. HISTORICAL AND CULTURAL PRESERVATION To mitigate potential impacts to archeological resources which may be discovered during excavation, work shall be stopped immediately if such materials are discovered and the State Historic Preservation Officer will be contacted immediately. TRANSPORTATION Any recreational travel shall be allowed as per puget Power ut'ility easement conditions. Blockages at access points shall be constructed. PUBLIC SERVICES An emergency plan for responding to chlorine leaks shall be prepared as part of the facility operation. I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. Q. UTILITIES No mitigation measure is proposed. Finance. Councilmember Owsley reported that the Conmittee recommends that the City fund one more year of insurance for the free bicycle program with the understanding that they find other financing for next year, and that a report of the number of users and number of usages be made. Mr McLerran reported on a liability waiver for minors using the bicycles and insurance issues he and Timothy witten had discussed. Councilmember Owsley made a motion to that Council fund up to $2300.00 from the Current Expense Fund for the insurance which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Councilmember Owsley made a motion that the Council approve $4000.00 for the purchase of a Lanier recorder and transcril)er for the Council Chambers with the Current Expense Fund and Public Works sharing the cost which was seconded by Councilmember Wolpin. After discussion, the motion passed unanimously by voice vote. Councilmembers compensation. Councilmember Owsley reportE!d that the Committee had agreed that the compensation should be a flat rate and not tied to meetings and if a Councilmember misses a regular meeting but has attended other meetings during the month, they would not be docked. Councilmember Owsley made a motion that an ordinance be prepared for Councilmembers compensation be set at $250.00 per month which was seconded by Councilmember McCulloch. After a lengthy discussion, the motion passed by roll call vote with five Councilmembers voting in the affirmative and Councilmembers Jones and Wolpin voting against the motion. Street/storm Drainaçre/Light. Councilmember Jones set a mee'ting of the committee for June 8, 1993, at 5:00 PM to discuss the Trans- portation Improvement Program. Public Hearing Set. Mr Wheeler requested that a Public Hearing on the Transportation Improvement Program be set for June 21,1993. Parks/Property. Councilmember Camfield set a meeting of the Committee for May 27, 1993, at 5:00 PM to discuss herbicides and pesticides at the Golf Course, the Pope Park Marine Building and other waterfront issues. Finance. Councilmember Owsley set a meeting of the Committee for May 24, 1994, at 5:00 PM to discuss the requests for the Invl~stor's Guide and the Tourism Coordinating Council budget. RECESS Mayor Pro-Tem declared reconvened at 10:07 PM. at The meeting 10:02 PM. a recess STAFF REPORTS Public Works. Mr Wheeler reminded Council of the raft races to be held on June 3, 1993, at 3:00 PM in the oxidation ditch at the Wastewater Treatment Facility and a workshop to be held on June 18, 1993 by the wetlands/Stormwater Advisory Committee. Mr Wheeler reported that a brochure explaining the new utility bills that will be mailed out next month has been done and is available but has not been mailed out to all accounts. Mr Wheeler reported that the Waste Water Treatment Facility is about 85% complete, that the landscaping and grading has been started and the design on the dechlorination facility has been 279 280 MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont. completed and they are working with the contractor to get a price for doing that work. Planning and Building. Mr Hildt reported that one of the mitigating measures for the Environmental Determination for Marzan relating to vegetation has been violated and a stop work order was issued today. It may come back to Council with some restoration plans. A brief discussion of enforcement ensued. Mr Hildt reported that the Transportation Planning Advisory Committee, the Planning Department and the Planning Commission have been working feverishly on the arterial street plan issue. A special workshop Councilmeeting has been scheduled for July 12, 1993, at 7:00 PM: the Consultant will be there and the members of the Transportation Advisory Committee and the members of the Planning Commission are being encouraged to attend: a public hearing is tentatively set for July 19, 1993: August 2, 1993, will be the first opportunity to make a decision. ci ty Attorney. Mr McLerran reported that the Cable Television franchise has been discussed with Summit Cablevision, that financial information has been requested from them as well as response from them on the citizens Committee Draft Report. A committee meeting will be set to do some follow-through with the citizens on this as well as another meeting with Summit. There are some decisions to be made by Council in June due to the Federal de- regulation and re-regulation of cable television. ci ty Clerk. Mr Grove reported that a request regarding rental property utilities will be discussed at the Finance Committee meeting set earlier this evening. NEW BUSINESS Resolution Adopting a Sexual Harassment Prevention policy. RESOLUTION NO 93-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ADOPTING A SEXUAL HARASSMENT PREVENTION POLICY FOR THE CITY. Mr McLerran explained the resolution. After discussion, Council- member Westerman made a motion that the Council adopt Resolution No 93-59 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Resolution on PUD-Memorandum of Understanding for Sewer Inspections. Mr Wheeler suggested that this be held until a resolution is written for the packets. A brief discussion of proposed wording ensued. Ordinance Confirming a Code of Conduct. ORDINANCE NO 2363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A CODE OF CONDUCT FOR ALL CITY OFFICERS, EMPLOYEES, OR AGENTS OF THE CITY AND ESTABLISHING AN EFFECTIVE DATE. Mr Grove explained the ordinance and read it by title. Council- member Sokol made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Owsley and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Councilmember Sokol made I I I I I I MINUTES OF THE REGULAR SESSION OF MAY 17, 1993, Cont.. a motion that the Council adopt Ordinance No 2363 which was seconded by Councilmember Owsley and passed unanimously by roll call vote. Resolution on Indemnification Agreement w/Chevron. RESOLUTION NO 93-60 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND AUTHOR I ZING THE MAYOR TO EXECUTE AN INDEMNIFICATION AGREEMENT WITH CHEVRON USA PRODUCTS REGARDING SITE CLEANUP ON PROPERTY THE CITY IS PURCHASING AT WATER AND ADAMS STREETS. Mr McLerran explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 93-60 which was seconded by Councilmember Wolpin and passed unanimously by voice vote. Contract w/Gary Johnson: Survey of Morgan Hill Reservoir. RESOLUTION NO 93-61 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH ASSOCIATES LS AND D FOR AN ENGINEERING SURVEY OF THE MORGAN HILL RESERVOIR. After a brief discussion, Councilmember Westerman made a motion that the Council adopt Resolution No 93-61 which was seconded by Councilmember Jones and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION A brief discussion of a public educational workshop to discuss the role of a Councilmember and a Planning Commission member I~nsued. A special meeting was scheduled for June 14,1993, at 7:00 PM. Wood chips from puget Power's maintenance program was briefly discussed. Colinwood Farm's produce stand was discussed. EXECUTIVE SESSION Mayor Pro-Tem Camfield recessed the meeting into Executive Session to discuss possible litigation including Dennis McLerran and Robert Wheeler at 11:15 PM. The meeting was reconvened at 11:25 PM. ADJOURNMENT There being no further business, Mayor Pro-Tem Camfield de~clared the meeting adjourned at 11:25 PM. Mayor Attest: M~ Clerk-Treasurer 281