Loading...
HomeMy WebLinkAbout07151996MINUTES OF THE REGULAR SESSION OF JULY 15, 1996 The City Council of the City of Port Townsend met in regular session this 15th day of July, 1996, at 6:00 p.m. in the Council Chambers of City Hall, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Bill Davidson, Diane Perry-Thompson, Ted Shoulberg, Ian Keith, Kathryn Jenks and Jean Camfield. Also present were City Clerk Pam Kolacy, City Administrator Michael Hildt, Police Chief Jim Newton, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Director of Building & Community Development Dave Robison, Fire Chief Howard Scott, Library Director Linnea Patrick, City Treasurer Derek Stacey Thompson and Sheila Avis, Minute Taker. Councilmember Dan Harpole was excused. INTRODUCTIONS and/or RECOGNITIONS There were none. AGENDA CHANGES OR ADDITIONS Corrections to Minutes for May 20, 1996: · Page 1-- (Second paragraph from bottom, last sentence) change to read: "Mr. Robison said later this year they would be establishing an amnesty period of approximately 3 months for non-conforming ADUs to comply with the ADU ordinance." · Page 6 -- (Third paragraph from top) change to read: "Mr. Tim Lambert spoke about..." and second sentence change to read "may lead to .... " · Page 14 -- (Public Works report second paragraph from bottom) change to read: "He said they sold over 500 yards of compost." · Page 18 -- (Third paragraph from top) change heading from WORKSHOP to CONTINUATION, and "Mayor McCulloch stated the purpose of this 'continuation'..." · Change Commissioner(s) to Councilmember(s) in the following: Page 6 -- (Third paragraph of Public Hearings -- "Councilmember Camfield" in first, second and fifth sentences.) Page 9 -- (Last line -- "Councilmember Davidson") Page 10 -- (Second paragraph) -- "Councilmember Davidson" Page 11 -- (Second paragraph of Public Safety Committee Recommendation) -- first and second sentences "Councilmember Shoulberg"; next to the last sentence "Councilmember Harpole"; last sentence "Councilmember Keith". Corrections to Minutes for June 3, 1996: · Page 6 -- (Second paragraph) change "Commission member" to "Council member." · Page 11 -- (Police Department report, second line) change to Washington State Patrol. CONSENT AGENDA Councilmember Camfield made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Shoulberg and passed unanimously by voice vote. Approval of Minutes for May 20, 1996 and June 03, 1996 as written without reading and amended. Approval of the following Bills and Claims: 010 Current Expense $ 23,278.66 094 Garbage 53,999.78 110 Street 9,112.49 120 Library 8,871.05 130 Park 735.54 180 Capital Improvement 532,918.50 411 Water-Sewer 126,294.03 412 Storm and Surface Water 1,612.47 500 Equipment Rental 9,701.00 610 Firemen's Pension and Relief 6.22 Total $ 766,529.74 Approval of Resolutions: RESOLUTION NO. 96-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING THE TIME FOR THE HEARING ON A PETITION FOR A STREET VACATION RESOLUTION NO. 96-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH POLARIS SURVEYING AND ENGINEERING TO ADMINISTER THE FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM GRANT AND DEVELOP AN IMPLEMENTATION PLAN AREA STANDARDS AS OUTLINED IN THE GRANT. RESOLUTION NO. 96-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO CALL FOR BIDS FOR THE CONSTRUCTION OF STORMWATER/STREET IMPROVEMENTS FOR THE MCPHERSON-DISCOVERY ROADS STORMWATER PROJECT. 2 RESOLUTION NO. 96-103 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN APPLICATION TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION AND WILDLIFE (IAC) FOR FUNDING ASSISTANCE FOR A WASHINGTON WILDLIFE & RECREATION PROGRAM (WWRP) HABITAT CONSERVATION PROJECT, AS PROVIDED IN RCW 43.98A, WWRP-OUTDOOR RECREATION. Communications: A letter dated July 3, 1996, to Council from Mayor McCulloch listing the first members of the Board of Appeals established by Ordinance 2532: Mike Ajax, Amy Hiatt, Duke Rhoades, Levi Ross, Ryan Tillman effective July 15, 1996 to July 15, 1998. (For information.) A letter dated June 17, 1996, to Council from Deborah Belezos-Johnson, Coordinator Peninsula College regarding participation in a Video Production Lab for the community of Port Townsend. (For information.) A letter dated July 5, 1996, to Ms. Kate Jenks and copied to Council from Lloyd W. Cahoon, General Manager, Port of Port Townsend offering a review of the Enhanced Haulout Project in depth with Port Staff and consultants. (For information.) A letter dated July 10, 1996, to Mayor McCulloch from Guy Rudolph regarding planned growth designations in the Tri Area. (For information.) A memorandum dated July 10, 1996, to Council from Robert L. Wheeler, the City of Port Townsend Public Works Director, regarding Progress Payment No. 3, Tri-Area Well Upgrade. (For information.) A memorandum dated July 10, 1996, to Council and the Planning Commission from Judy Erlandson, BCD, Monthly Building Permit and Land Use Permit Status Reports. (For information.) This concludes the Consent Agenda. PUBLIC COMMENTS Ms. Karen Gates Hildt, Board Chair of Peninsula College, expressed thanks from the administration, faculty and board for the work accomplished on the Comprehensive Plan. They were particularly grateful to Mr. Eric Toews for his meeting with the College and receiving their input regarding the educational portion of the Comprehensive Plan STANDING/ADHOC COMMITTEE REPORTS Housing and Community_ Services. Councilmember Perry-Thompson Set meeting -- July 22, 1996 2:00 p.m. Agenda: Revise garbage ordinance Airport Advisory_ Commission. Councilmember Keith Reported: Attended the first meeting (not a substantive meeting). · Port Commission retained Madrona to manage -- meeting to outline process. Plan to form subcommittee (workgroup to establish alternatives to be considered by entire committee, Policy Committee to have final say). Anticipate entire process including Environmental Impact Statement will take about 1 year. Next meeting in about 1 month. Public Safety_ Committee. Councilmember Jenks Reported: Work on finalizing scope of work on the consultant project of an interim Public Safety Facility. Councilmember Jenks met with Mayor McCulloch and Councilmember Harpole last week and revised the task list for Consultants John Graham and Associates to see if they wish to take on the task. · Response received from the Consultants who recosted revised tasks at essentially the same costs as first time. Mayor and staff should have for review fairly soon. Plan to give the Consultants 90 days so Council can have 3 or 4 proposals by the first of October. Set meeting -- July 17, 1996, 4:00 p.m. Agenda: Revised Task/Fireworks downtown W~tter Advisory. Committee. Councilmember Jenks Set meeting -- July 18, 1996, 2:00 p.m., City Hall Agenda: Update on various properties, especially the Snow Creek property, timber resource and status Utilities. Councilmember Shoulberg July 8, 1996 Discussion items: · Upcoming meetings with PUD and County on July 10 Set meeting -- Agenda: / 4 MAYOR'S REPORT Mayor Julie McCulloch reported on the Meeting with County representatives July 10 to discuss water issues. The City was represented at that meeting by the Utilities Committee, the Mayor, and City Staff Bob Wheeler, Dave Robison, Eric Toews and Tim McMahan. The County was represented by County Commissioners and staff members A1 Scalf, Klara Fabry, Gary Rowe and consulting staff Mark Horton and Bill Appel. The meeting was facilitated by Mr. Steve Wells, Assistant Director of Department of Community Trade and Economic Development (DCTED) as was pre-arranged by the County and the City. The goal of the meeting was to enhance both parties' understanding of the water issues which exist in the Tri-Area. The County had requested the meeting. Although the City had given many public presentations on its water utility planning in the Tri-Area, this was the first opportunity the City had to give a comprehensive utility planning presentation to the full Board of Commissioners and their staff. The Mayor noted the City's dual role in water issues and said the City attempts to keep those issues separate: · As a Municipality · As a Water Utility (different concerns from Municipality concerns) · The City is doing extensive planning and analysis and making significant investments to assure that the Water Utility can meet the growth and population as projected and agreed upon by the City and the County in joint population projections. · Also working through the Coordinated Water System Plan process in defining a new, possibly smaller, water service area which can be served with available water resources in an economical manner for the rate payers. The County expressed concerns that in order to ensure consistency between the City and County Comprehensive Plans, the City delay adoption of its Comprehensive Plan pending water negotiations between the City and the County. Mr. Wells, DCTED, said there are many cases in the State where the City and County Comprehensive Plans do not dovetail identically and where it has taken one entity longer than the other to reach adoption. In these cases the State has taken the pragmatic view that consistency is interpreted to be, not creating a condition that blocks the others' Comprehensive Plan in the immediate future. The objective is to continuing working toward resolution of inconsistencies farther down the road through the annual review and revision process. The County representatives then withdrew their request that the City delay adoption of their Comprehensive Plan. The City stated water issues really need to be addressed through the Coordinated Water System Plan process, and that their Comprehensive Plan is not dealing specifically with those issues. The City and County are already working on the Coordinated Water System Plan process, and have also addressed the mechanism for working together on Glen Cove issues, as is stated in the City's Comprehensive Plan. The City has been working with the County and the Growth Management Committee to develop a work plan to address those issues. It was agreed upon to meet perhaps one more time to continue identifying issues, but that the work should then return to the Growth Management Committee for direction and oversight. 5 Mayor McCulloch announced a couple of upcoming events: · Washington State History Museum, dedication 10:00 a.m., August 10 in Tacoma. It is a public ceremony and ail are invited. · First 1996 Summer Band Concert Sunday, July 21, 3:00 p.m. in Chetzemoka Park per letter from Mr. Bernard Polishuk to Councilmember Harpole. Also, July issue of Sunset Magazine has an account of the Port Townsend Summer Band Concerts in the series "Best of the West." The Mayor said she recently talked to Mr. Mel Dunivan (the man in the wheelchair that tipped). She indicated to him the City would have a tour with Mr. Dunivan in his wheelchair of the downtown streets to assess for a slight reprioritization of handicapped accessibility ramps. STAFF REPORTS City Clerk'~ Office: City Clerk Pam Kolacy Ms. Kolacy reported she had worked with Fire Chief Scott doing Civil Service testing. She noted she will be doing the Meetings, Meetings, Meetings and any pink slips and changes in the meetings schedule should come to her. City Treasurer's Office: City Treasurer Stacey Thompson Mr. Thompson discussed the treasury function of the City. He stated the City's investment money at this time is exclusively placed with the State investment pool, which is invested very conservatively, primarily in government bonds. He listed advantages: · As safe as anything he can conceivably find · Very well managed · Money is available very quickly · Relatively attractive rate of return, approximately 5.35 percent per annum, on their approximately $6 million total invested Mr. Thompson distributed a brief summary of revenues comparing the first half of 1996 to the first haif of 1995 and noted revenues are remarkably stable. He noted the budget process is underway and that departments have their budget instructions and files to prepare their budgets. Councilmember Jean Camfield asked Mr. Thompson if he has any feeling for why garbage collection fees are down? He replied he did not know, but suggested maybe recycling is working. Building and Community_ Development: Director Dave Robison Mr. Robison reported -- no more Comp Plan meetings! He said tomorrow he is going on vacation, and Eric Toews will go on vacation next week. He said beginning early August they will take the development regulations through the Planning Commission and up to Council, beginning with the parking ordinance Council directed them to prepare earlier this year, along with fences and hedges, and home occupations. He noted the loud banging downtown on Union Wharf and said that would continue for probably 2 to 3 weeks while they are working on pilings. He asked Councilmembers what Plans they have available and whether BCD needs to provide a list of ail the adopted Plans, Policies and Regulations of the City. The BCD is going to be building a new Public Information Table in the lobby so all the Plans, Development Regulations, Council Minutes, and the Public Inspection File will be much more accessible to the public. He said they are going on-line with some of the Building Permit information and will continue to bring that up to a higher level each year. He reported for the past 7 months BCD has been putting building permits into the computer on a Tidemark Permit System, to track building permits and code violations. He said this system will be critical to tracking building permits through the 120 days under Regulatory Reform. He plans to schedule a demonstration for Council perhaps sometime in August before a Council Meeting. Public Works: Director Bob Wheeler Mr. Wheeler said they are beginning an active process on stormwater projects and crews will be starting within the next week or two. He said with the action of some of today's agenda items they will be starting work on McPherson and 14th Street, and Discovery Road and hopefully getting into construction the latter part of August or early September. He stated Randy Brackett's last day of employment was last Friday, that they had advertised the job for two weeks and have five applications. He said interviews will be held this Thursday; they are trying to move quickly to replace Mr. Brackett. Mr. Wheeler said they receive a lot of questions regarding the water quality and drinking water. He said in an effort to be proactive they produced a brochure that was mailed to everyone and has been very well received. He said in the long mn he sees this as saving money to aileviate Staff from having to answer those sorts of questions. Mayor McCulloch spoke about the brochure being proactive in addressing consumer issues. She said it is available as a handout and that the template is available for reprinting at a later time. Police Department: Police Chief Jim Newton Police Chief Newton reported that the State Patrol has completed its criminai investigation into the most recent police-involved shooting in May. He said last Friday in the Prosecutor's Office at a news conference with the locai media the investigative report and the investigators of the State Patrol that conducted the investigation were available. The Prosector's Office has found that use of force in this case was justifiable under ail applicable statutes and no charges will be pending against any of the Department personnel involved in this incident. He said because any charges against the other party would be misdemeanors, that portion of the investigation had been forwarded to the City Prosecutor. Chief Newton has requested the Port Angeles Police Department to convene a Shooting Review Board in Port Townsend, July 23, to ensure that ail department personnel followed existing Police practices and policies regarding force, further look at tactics used in this incident, and look to suggest training to further avoid such incidents in the furore. Fire Department: Fire Chief Howard Scott Fire Chief Scott said paramedic testing is complete and it looks as though they will be able to make a job offer at the end of the month. He reported there were nine applicants and two who were successful on all phases of the testing. PUBLIC COMMENTS/QUESTIONS Mayor McCulloch opened the meeting for Public Comments/Questions. Mr. Lloyd Cahoon, Manager of Port of Port Townsend, discussed the Shoreline Permit for the Enhanced Haulout. He said at the July 3 Council Meeting he read a statement which included a proposal by the Port that Council adopted. He said he had conversation today with Staff regarding revised Findings of Fact, Conclusions and Conditions of the permit and the trail issues are more substantial now then ever. They feel a lot of the references in the revised document are not tree or are out of context. He said they are again talking about the industrial area which is a public need, and although that document references other public needs, sometimes they may not be compatible. He addressed two specific things: · Conclusion//4, page 23, which involves the condition of an agreement made with the City last year as part of the street vacation and is a representation that basically says that the routing of the Larry Scott Memorial Trail along the shoreline is necessary and mandatory as evidenced by the agreement between the Port and the City as part of the Street Vacation Ordinance back in November 1995. He said that is not the case. He indicated if you look at the ordinance and reference it to all the documents, regarding maintaining access east-west through the Port they are doing that through the Water Street Water Way and its connection to Boat Street. He said, in fact, they are not impeding the existing access that will continue for some time. · There needs to be an incentive to County and an incentive to the Port in a specific acknowledgment by the City Council that there may be times when the trail may have to be closed to permit access to the marina, to the shoreline and to the lift pier, referenced in Condition #16. He said he discussed this with Mr. Robison, and Mr. Cahoon said that is acceptable to him as long at that is adopted as part of that condition. Mr. Cahoon clarified an important issue in Finding of Fact #31. He said that is entirely out of context, and what they said was there are three types of traffic that will frequent that area: · The normal north-south, east-west traffic that represents the greatest danger from increased traffic of the sort that exists today. · Non-travel lift access to the lift pier (i.e. cranes, and fork lift trucks) · The travel lift itself. Although the travel lift moves slowly, the magnitude of its size means that if it is going to fall or break it is going to affect activity in a large area. It was not intended to imply that it does not present safety concerns, but it is tended by Port staff or business staff. Mr. Cahoon said what has come to their attention is the difficulty and cost of insuring; Workman Compensation issues; and safety issues. He said the people who provide that coverage share their concems. He also pointed out that in much of the document there is confusion between access and trails; the words are used interchangeably, and they are not the same word. Access does not imply the invitation, it does not imply a mute and certainly a route through a heavy industrial area. Trail does; trail is a focus. The definitions are not the same, and much of the justification of a trail is couched in the definition of the word access. He said many of the Plans refer to access but a trail is a whole different matter and it needs to be distinct. Mayor McCulloch pointed out the public hearing was completed at the last Council Meeting and that discussion tonight would be limited to clarifying whether or not the staff draft complies with their action and vote from the last meeting. Port Commissioner Mr. Bob Sokol spoke to the same subject. He said at the Hearing on July 3 they made a commitment to present Modified Alternate C Plan to the Port Commission. He said that was done, and was passed with something less than an enthusiastic response because of the safety issues. He talked about concems with Marine Trades insurability and Labor & Industries with public access to a ship yard. He cited policies and discussed: · Shoreline Master Plan adopted March 1994, which he said adopts the Urban Waterfront Plan by reference, Policy #2 (pedestrian walkway); Policy #6 (properties that support an economically viable Port District) · Port Townsend Comprehensive Plan, Economic Development -- Marine Trades (Implementation #1 Enhanced Haulout Facility) · Community Direction Statement, adopted by Council, fourth paragraph (essential access vs. Trails). He noted Chetzemoka Park has access to the water, but no trail. He said the same type access could be on Alternate B. Mr. Sokol noted the increase in height to 50' was not adopted, but he does not think it would have hurt. He said this is a big project and there are significant problems. You never know what is going to blind side you. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Mayor McCulloch opened the meeting to the Public for comment on the motions made by Council during the Committee/Staff reports. There being none, Mayor McCulloch closed the Public Comment portion of the meeting. PUBLIC HEARINGS Transportation Improvement Program Public Works Director Bob Wheeler presented the Transportation Improvement Program (TIP). He said they are required to review this Plan annually, coordinate it with the Capital Improvement Plan and conduct a public hearing. The Plan then goes to the State Department of Transportation. He said that up until 6 years ago the County did the City's TIP. He discussed the chip seal work, and that it is a bandaid fix for about 5 to 10 years, that it has been their emphasis in the past and they relied basically on the County to do that work. He pointed out: They are finding many roads are needing to be totally rebuilt; they have done a lot of work in rebuilding roads and getting grant money together. · They are working hard in putting a bicycle/pedestrian program together. · The County is overloaded on their own chip seal program and cannot get to the City's chip seal work until so late in the year that the weather causes a problem with the chip seal. · They are getting involved in more pedestrian issues and right of way issues. Mr. Wheeler said this has all evolved into this document. He noted the difficulty to be all encompassing in the TIP for road improvements to be eligible for potential State funding. He said everything is on this wish list; if it is not on the list, the State will not be able to fund it. He said the reality is that much of this will not get funding, and the reality will come in the City's Capital Facilities Plan (CFP) and Capital Improvement Plan (CIP). He noted funding from revenues amounts to approximately $70,000 to $100,000. He said they also seek grant money, but he stressed the importance of this document is to get funding. He enumerated upcoming projects. Mayor McCulloch asked for Council questions. Councilmember Jenks asked regarding sidewalks. Mr. Wheeler answered, and it was determined it is an impervious asphalt or concrete walkway, not a trail. The hearing was opened to the public. In favor of the Plan: Mr. Steve Hayden stated he had a question rather than speaking for or against the Plan He questioned widening Keamey Street between 19th and Sims Way, shown in the report to be between years 2000 and 2002, when it was just done. Mr. Wheeler spoke about the Level of Service standards for furore Keamey Street problems, and said that area is listed out a ways. He explained they had not been able to complete some of the work as planned at the time of construction and he also spoke about concerns with the bus pull out. Mayor McCulloch noted the Plan is revised every year and things that are not completed are then projected further out. In opposition of the Plan: There was none. The hearing was then opened for Council discussion: Councilmember Camfield spoke about the new format, and said she understands if we want to apply for funds, there has to be a wish list, that if something is to be done it has to be on the 6-year TIP. 10 Councilmember Perry Thompson pointed out that it says on the cover sheet it is a planning tool and is flexible. RESOLUTION NO. 96-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT THE 1997-2003 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM. Public Works Bob Wheeler explained the resolution. Councilmember Camfield made a motion that the Council adopt Resolution No. 96-104 which was seconded by Councilmember Perry-Thompson. Councilmember Jenks suggested sidewalks cost a great deal of money and, if possible, would like to discuss paths instead of sidewalks in future planning. Mr. Wheeler said they are moving ahead with the Non-Motorized Plan, using the Geographic Information System (GIS). The Mayor asked if there were anyone with additional information, and no one responded. The motion then passed unanimously by voice vote. 1997 Budget Goals and Ob_iectives (as recommended by the Finance Committee) Councilmember Davidson said the Finance Committee's recommendations as they are presented in this document were passed out at the June 26th Council retreat. It was discussed at that time and Council then expressed approval of the changes which were fairly minor. Mayor McCulloch said this hearing is different in that it is not required as part of the budget process, although it was advertised as an opportunity for the public to address Council on the Budget Priorities and Goals for next year. She then opened the hearing to the Public: Ms. Pam Clise said there are always holes in budgets that are filled in many different ways. She asked that this year theY fill a different kind of hole: recreation for kids and adults; the Library; and Mainstreet. She said these areas fill us all on an emotional level. She noted the great start in recreation and would like to see it is carded forward. Ms. Orabelle Connally, Library Trustee, gave the Library Board's two top priorities for budget consideration: · timely Library repairs and maintenance (including painting the building). · putting aside money for the eventual replacement of their computer circulation system. 11 She asked if consideration is being given to maintenance of City Hall, including bird problems. Ms. Shirley Beard also addressed recreation funding, and specifically the swimming program and swimming pool. She tried to renew Council's awareness of what the swimming pool means to the community, and highlighted Children's and also Senior's exercise and cross generation programs. She expressed appreciation to the swimming instructor, Mr. Scott Miller, and his work with children. She said the Community would be well served for the continued, strong financial support of the swimming program. There being no other comments, the Mayor closed the hearing to the Public. MOTION Davidson Resolution 96-105 be prepared in support of adoption of the goals, objectives and priorities for the financial operation of the City as amended this year based on the earlier adopted version. SECOND Shoulberg VOTE UNANIMOUS Mayor McCulloch noted these budget goals, objectives and priorities will replace the previous resolution and lines in and lines out form. UNFINISHED BUSINESS L_vnnsfield PUD (Application No 9404-10) Drainage Easement Agreement. Mr. Robison presented the application and reminded that la.st December Council adopted the Lynnsfield Planned Unit Development (PUD) off San Juan Avenue, near the new Middle School. He said one of the conditions of the PUDA approval was that the City required of the applicant, Mr. Joe Campbell, a drainage easement from the adjoining Happy Valley property owners. He noted in the Happy Valley area there is a small wetland, and in the last year the City of Port Townsend has purchased one of the eight lots in the Happy Valley PUD for storm water control. He said that lot is lot #8 and is right adjacent to the Happy Valley wetland, so the City is requiring a drainage easement for approval of the Lynnsfield PUD. This proposal is an easement agreement to allow the property owners of the Happy Valley PUD, and of that wetland that is part of the Happy Valley PUD, use for a drainage easement. Councilmember Camfield asked how it would affect the school wetland. Mr. Robison replied that it should not affect it at all, and that is why it is designed that way. Ms. Camfield asked why Mr. Campbell asked the school to sign a release. Mr. Robison said that is also part of the SEPA and property use development agreement. He said what the City wants to do is maintain the historical rate of flow from the Lynnsfield property, because it flows into the Townsend Meadows Wetland, and that is why he is a party to the drainage easement agreement. Councilmember Jenks asked if this would help the neighbors' flooding in that area. Mr. Wheeler said it would not do that immediately, but said they are looking for an overall plan and this study 12 approved on the Consent Agenda will help them to do that. MOTION SECOND VOTE Davidson Council authorize the Mayor to sign a drainage easement agreement authorizing the use of the City owned property adjoining the Happy Valley PUD for drainage easement. Perry Thompson UNANIMOUS Mayor McCulloch explained the next two Permit Applications are unfinished business, that the hearing and Council discussion were completed at the last meeting and the motions were made. She said the purpose tonight is to review the updated Findings of Fact, Conclusions, and Conditions to see if they accurately reflect the intention of Council and its action at the last meeting. Shorelines Substantial Development permit Application -- Jefferson County_ Public Works Department (Larry_ Scott Memorial Trail) Mr. Robison made the Staffpresentation. He discussed the additional Findings of Fact derived from the July 1, 1996 City Council Public Hearing, Findings 17 through 29; new Conclusions 5, 8 and 9; and new Conditions 7 and 8. The old Conditions 7 and 8 are proposed to be struck. Subsequent to discussion with Mr. Cahoon, Mr. Robison requested addition to Condition 7 (end of paragraph): "In addition, the easement shall contain provisions for the temporary closure of the trail through the Port's industrial, marina and shoreline areas for the maintenance of docks, launching of boats, and other access necessary for other Port related marine uses." Amendments/Corrections: · Findings of Fact 9, line 2, change "though" to "through" to read "through a developed portion" · Findings of Fact 22 add "Plan" to read Urban Waterfront Plan · Findings of Fact 26, Wojt spelled incorrectly twice · Required Permits #5 (Page 9), to US Army Corps of Engineers, add bullet and National Pollution Discharge Elimination System OVPDES) Permit · Condition 7, page 18, line 9 change "tail" to "trail" and (line 9) "trail use" to "trail users" · Condition 7 (end of paragraph) Subsequent to discussion with Mr. Cahoon, Mr. Robison requested the following addition: "In addition, the easement shall contain provisions for the temporary closure of the trail through the Port's industrial, marina and shoreline areas for the maintenance of docks, launching of boats, and other access necessary for other Port related marine uses." · Condition 7, line 4, change Exhibit 10 to Exhibit 9 · Condition 7, line 4, add and Exhibit 15 · Exhibits, Page 20, add Exhibit 15: Modified Alternative C. Alternative submitted by the Port of Port Townsend on July 3, 1996. Councilmember Shoulberg thanked Mr. Robison and the City Attorney for these additions resulting 13 from a long City Council Meeting. He said they had done a concise and thorough job of referencing all of the testimony in this document and making the necessary changes of a difficult job. Councilmember Perry Thompson stated that in the matter of access vs. trail she considered the intent of access to be access "along" the shoreline, not access "to" the shoreline. MOTION SECOND VOTE Jenks Moved for approval of Shoreline Substantial Development Permit Application (SDP) 9605-04 as amended and as shown in the Document dated July 15, 1996 Shouiberg UNANIMOUS for approval Shorelines Subst_a_ntial Development Permit Application - Port of Port Townsend (Enhanced Haulout) Mr. Robison made the staffpresentation. He noted the revised Findings of Fact 10 and 11, and new Findings of Fact 15 through 32; striking of old Conclusion 3, new Conclusions 4, 5, 8 and 9, revised Conclusions 6 and 9; striking of Conditions 10 and 17, Amendments/Corrections: · Findings of Fact 15, change "The County. and Port have not a_creed" to "Prior to the July 1 Hearing. the County_ and Port had not yet agreed" · Findings of Fact 25, correct two spellings "Wogt" to "Wojt" · Findings of Fact 29, change last line to read "the Port concur with the Modified Alternative C route (reference Exhibit 11). · Findings of Fact 31, line two add the word "significant" to read "significant safety concerns" · Findings of Fact 32, before the last sentence add, "The Council recognizes the necessity for the Port to temporarily close the trail for operations and maintenance of the haulout dock in shoreline area for industrial users." · Required Permits, No. 4, add a bullet and National Pollution Discharge Elimination System (NPDES) Permit Conclusion 4, strike the words, "along the shoreline" at the end of sentence 1. · Condition 4, eliminate "Removal of" at the beginning of the paragraph and change "should" to "shall" to be read "shall be removed." · Condition 16, line 10 change "tail" to "trail" and "trail use" to "trail users" · Condition 16 (end of paragraph) Subsequent to discussion with Mr. Cahoon, Mr. Robison requested the following addition: "In addition, the easement shall contain provisions for the temporary closure of the trail through the Port's industrial, marina and shoreline areas for the maintenance of docks, launching of boats, and other access necessary for other Port related marine uses." Councilmember Perry Thompson questioned increases in the quantities of hazardous materials in 14 Findings of Fact 7, bullet 12. She asked if they can be required to use the household waste facility that is there. Mr. Robison said that is addressed in the Environmental Impact Statement. MOTION Perry Thompson To approve Shoreline Substantial Development Permit Application (SDP) 9602-02 as amended and as written in the memorandum dated July 15, 1996 SECOND Camfield Discussion: Councilmember Davidson said he wanted to echo Councilmember Shoulberg's comments on the Trail application. He noted he had not been at the July 3rd meeting, but said he feels quite compelled after reading all of the material, that this proposal as modified is really quite consistent with the goals, policies and standards of the Urban Waterfront Plan and the Shoreline Master Program; it supports the compelling public testimony at the meeting of July 1, which he did attend. He said he wanted to mention that in support of this application. VOTE 5 in favor, Councilmember Jenks dissented NEW BUSINESS ORDINANCE NO. 2539 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING THE CITY OF PORT TOWNSEND COMPREHENSIVE PLAN AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED, (CHAPTER 36.70A RCW); ADOPTING AND INCORPORATING BY REFERENCE THE PORT TOWNSEND URBAN WATERFRONT AND GATEWAY DEVELOPMENT PLANS AS SUBAREA PLANS; READOPTING AND INCORPORATING BY REFERENCE THE 1991 COMPREHENSIVE PARKS AND RECREATION PLAN, REQUIRING THE PREPARATION OF DEVELOPMENT REGULATIONS AND A NEW OFFICIAL ZONING MAP TO IMPLEMENT THE PLAN; AND, ESTABLISHING AN EFFECTIVE DATE. Mayor McCulloch read the ordinance by title. Appreciation was expressed to the BCD Staff for their efforts and to the public for their participation. Councilmember Keith said this accomplishment is really exciting. Councilmember Shoulberg made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Keith and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Shoulberg made a motion that the Council adopt Ordinance No. 2539 as amended which was seconded by Councilmember Perry Thompson and passed unanimously by roll call vote (6 in favor). 15 ORDINANCE NO. 2540 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, REPEALING AND REPLACING THE OFFICIAL ZONING MAP ADOPTED UNDER CHAPTER 17.12.40 PTMC WITH AN INTERIM ZONING MAP THAT PARTIALLY IMPLEMENTS THE PORT TOWNSEND COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED, (CHAPTER 36.70A RCW); DECLARING AN EMERGENCY; AND, ESTABLISHING AN EFFECTIVE PERIOD. Mr. Eric Toews introduced the ordinance Mayor McCulloch read the ordinance by title. Councilmember Shoulberg made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Keith and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Shoulberg made a motion that the Council adopt Ordinance No. 2540 which was seconded by Councilmember Keith and passed unanimously by roll call vote. Mayor McCulloch noted the Community support and many hours spent by citizens in making this Comprehensive Plan a reality. She announced a Community picnic in celebration of the City's Comp Plan, a "Come-One, Come-All" event, Friday, July 26, 5:00 to 8:00 p.m. at the Pope Marine Park. It will be "bring your own favorite picnic dinner and utensils" and the Mayor will provide the beverages. She said it will be an opportunity to get together with our neighbors and celebrate Port Townsend's small town character, and the fact that we can work together over a long period of time to achieve the vision many people hold for Port Townsend. PUBLIC COMMENT Mr. Doug Mason reflected that 20 percent of his life has been as a resident of Port Townsend and thanked the people for their many hours of effort contributed to bring about the Comprehensive Plan. He said the Comprehensive Plan is a significant accomplishment and will be characterized by different people in different ways over the next 20 years, but no one can deny there has been the opportunity to participate as we expect from a democracy. He expressed his thanks. COUNCILMEMBERS GENERAL DISCUSSION Councilmember Shoulberg announced a County workshop on proposed changes to the proposed interim zoning ordinance, July 16, 10:00 a.m. He noted there will be a hearing July 23. 16 Councilmember Camfield told Councilmember Jenks she was glad to see Ms. Jenks was going to answer the Harrington letter regarding fireworks, because she had also had complaints and were concerned regarding safety. Councilmember Camfield said it would be good to review what ordinances are on the books. Mayor McCulloch stated there will be mixed points of view on the part of many people, but noted this is the area where one of the most severe fireworks accidents happened to a child this year, and there are a lot of dangers involved. She brought up the issue of official fireworks displays. She said it may be good for the Public Safety Committee to take this on and discuss it with people, and set some priorities for this for next year when they have their Council retreat in January. Councilmember Camfield reported she had contacted Mr. Fred Johnson regarding whether Port Townsend had had a Japanese sister city relationship, and they determined there probably never was an official sister city but a connection instead with a Japanese city because of exchange of students. Mayor McCulloch said there is quite a lot of interest in Japanese sister city relationship throughout the State of Washington and asked if there is interest in pursuing it for Port Townsend. Councilmember Camfield said a benefit is the Japanese Historical Center in Seattle would help to fund the teaching of Japanese in Port Townsend. Mayor McCulloch indicated the School District would also be included in an agreement, if the City is interested, and said one of the first steps would be to visit the Cultural Center in Seattle to hear their presentation. Mayor McCulloch said they would also attempt to match Port Townsend's size and profile with a similar city in Japan. The consensus was to pursue the matter. Mayor McCulloch announced for Councilmember Harpole a Parks and Recreation Committee meeting July 18, 1996, 4:00 p.m., and a Youth AdHoc Meeting July 16, 1996, 7:00 p.m., Pope Building. ADJOURNMENT There being no further business, at 9:25 p.m., Mayor McCulloch adjourned the meeting. Attest: Pamela Kolacy City Clerk 17