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HomeMy WebLinkAbout07/06/1992 I I I MINUTES OF THE SPECIAL SESSION OF JUNE 29, 1992, Cont.. EXECUTIVE SESSION While waiting for Allen Dashen to arrive from Seattle, Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate including Dennis McLerran, David Grove, and Randy Brackett at 5:42 PM. The meeting was reconvened at 6:26 PM. SPECIAL BUSINESS ORDINANCE NO 2305 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF JUNIOR LIEN WATER AND SEWER REVENUE BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $6,820,000, TO PAY PART OF THE COST OF ACQUIRING, CONSTRUCTING AND INSTALLING CERTAIN ADDITIONS AND IMPROVEMENTS TO THE SEWAGE TREATMENT FACILITY; FIXING THE DATE, FORM, TERMS, MATURITIES AND COVENANTS OF SUCH BONDS; PROVIDING CERTAIN COVENANTS; CREATING CERTAIN FUNDS; AND AUTHORIZING THE SALE OF SUCH BONDS. Allen Dashen, Seattle Northwest Securities, explained the whole bond process and the purchase contract. Forrest Walls, Preston, Thorgrimson, Shidler, Gates and Ellis, reviewed the bond ordinance. After a brief discussion of arbitrage, Mr Grove read the ordlinance by title. Councilmember Camfield 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 Jones made a motion that the Council adopt Ordinance No 2305 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. ADJOURNMENT Attest: LJ~ Clerk-Treasurer There being no further business, adjourned at 7:00 PM. or MINUTES OF THE REGULAR SESSION OF JULY 6, 1992 The City Council of the City of Port Townsend met in regular session this sixth day of July, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield Vern Jones . , , Julle McCulloch, Norma Owsley, Robert Sokol, and Sheila Wes1:erman. Councilmember Cindy Wolpin was excused. Also present were Deputy 25 26 MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. City Treasurer Vera Franz, City Attorney Dennis McLerran, Director of Planning and Building Michael Hildt, city Planner Rick Sepler, Planning Assistant Darlene Bloomfield, and City Engineer Randy Brackett. PUBLIC COMMENTS John Ebner was recognized and stated his grievance for the utility bills he has received. Mayor Clise responded that he will look into the problem and will get an answer tomorrow. Earl Fisher was recognized and clarified that the Carousel project contract is for one year from the date of completion only and if it is not satisfactory, the Carousel would have to be moved after that time. Mayor Clise reported that the Carousel project will not come up for any action this evening as it is currently being reviewed by the Historic Preservation commission. Brent Shirley was recognized and explained that the water, sewer and garbage rate increases are all related to Federal Requirements. The utility bills are directly related to the utilities and that other city departments function on their own. Bonzo DeLeo was recognized and reported that there is an additional $1500 needed for roofing on the Girl Scout House and requested private donations from city officials to show support for the girls. Mr DeLeo also stated that he will pay a bill for $12.27 for a guard rail he replaced on Washington street after 5 weeks; stated that he was pleased to see the building on City Dock moved onto land; requested street widths comply with Fire Department standards; and requested someone from the city and county explain the wetland regulations to the Board of Equalization when they meet on July 15, 1992. Paula Amell was recognized and requested that the five year limitation on latecomer agreements be eliminated so that anyone hooking onto the lines should have to pay their share. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Owsley and passed unanimously by voice vote. Approval of the Minutes for June 1, reading. 1992, as written without Approval of the following Bills and Claims: Current Expense street Library Park Hotel/Motel Emergency Medical Services Community Block Grant 1992 WW Treatment Construction Community Development Grant Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 46,850.75 7,426.66 5,410.33 955.22 473.70 601.94 183.26 13.00 2,013.34 38,629.22 5,937.99 3,160.92 452.00 $ 112,108.33 Out of State Travel: Mark Welch, Planning Commission Member, to return from Desolation Sound to attend the Joint Hearing on the Environmentally Sensitive Areas Or~inance. I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 6, 1992, Cont" Adoption of Resolutions: Authorizing Professional Service Agreement with Douglas Mason. RESOLUTION NO 92-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH DOUG MASON TO PROVIDE CONSULTING SERVICES REGARDING THE FORMATION OF LOCAL IMPROVEMENT DISTRICTS AND THE ACQUISITION OF REAL PROPERTY NECESSARY FOR THE WATER SYSTEM AND THE STORM WATER SYSTEM. Authorizing Latecomer Sewer Agreement -Todd/Lansdon. RESOLUTION NO 92-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A SEWER LATECOMER UTILITY CONTRACT PURSUANT TO RCW 35.91. Dyrk Lansdon and Tom Todd have agreed to construct a 6 and 8 inch sewer line in Landes Street from 56th to 57th Streets within the service area of the City of Port Townsend. Authorizing WCIA Interlocal Amendment. RESOLUTION NO 92-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND TO APPROVE AMENDMENTS TO THE INTERLOCAL AGREEMENT CREATING THE WASHINGTON CITI]~S INSURANCE AUTHORITY. Communications: A letter dated May 19, 1992, from Michael Hildt, Director, Planning the Building Department, to Paula Amell confirming that the City Council has scheduled a public hearing for extension or recision of Conditional Use Permit 484-01, Puffin and Gull Motel for ~ruly 6, 1992 was copied for Council and referred to the Public Hearing. A letter dated May 19, 1992, from Michael Hildt, Director, Planning the Building Department, to Albert J and Pauline P Amell requesting that they attend the City Council meeting on July 6, 1992, to answer whatever questions may arise regarding Conditional Use Permit 484-01, Puffin and Gull Motel was copied for Council and referred to the Public Hearing. A memorandum dated June 8,1992, from Ann Seiter, Interim Project Coordinator, Jamestown S' Klallam Tribe, advising that the next meeting to discuss the Dungeness-Quilcene Water Resource~ Pilot Project will be held on June 23, 1992, at 7 PM was copied for Council. A letter dated June 12, 1992, from Jeff Frettingham, Solid Waste Specialist, Jefferson County Department of Public Works, including a draft resolution outlining the city /county relationship with respect to the waste reduction and recycling update to the Jefferson County Comprehensive Solid Waste Management Plan was copied for Council and referred to New Business. A letter received June 17,1992, from Gertrude Tjemsland expressing five years of frustration at the continued increase in the Gost of utilities was copied for Council and referred to the Water/Sewer Committee. . 27 28 MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. A letter dated June 20,1992, from Albert J and Paula Amell stating their plans to lease six parking spaces at the Bishop Inn to maintain compliance with the requirements for Conditional Use Permit No 484-01 was copied for Council and referred to the Public Hearing. A letter dated June 22,1992, from Lloyd W Cahoon, Interim General Manager, Port of Port Townsend, requesting a contribution of $1,900 from the City for preparation of the Airport Master Plan was copied for Council and referred to the Finance Committee. A letter dated June 23, 1992, from Michael Hildt, Director, Planning and Building Department to Edgar and Patricia Sullivan stating that the city has received their letter regarding their proposed chain link and barbed wire fence on Port Townsend Bay at 1019 Water street and that the letter has been referred to City Attorney Dennis McLerran was copied for Council. A letter dated June 23,1992, from Michael Liss requesting change in the method of charging for utility services was copied for council and referred to the Water/Sewer Committee. A letter dated June 24,1992, from Mayor Clise to Orabelle Connally and Bob Polishuk explaining his proposed budget cutbacks in the 1992 Library budget was copied for Council. A Washington State Tourism Bulletin for June 1992 from John Savich, Tourism Director, was copied for Council on June 26,1992. A letter dated June 27,1992, from Earl Fisher, requesting that the Carousel proposal be placed first on the July 6, 1992, agenda was copied for Council and referred to the Parks/Property Committee. A letter dated June 29,1992, from Tony Bodenheimer stating that he is very upset with the water rate increase was copied for Council and referred to the Water/sewer Committee. A letter dated June 29, 1992, from Mr and Mrs S A Nelson stating their objections to amendments to the waterfront plan was copied for Council and referred to the Public Hearing. A letter dated June 29, 1992, from Calmar McCune requesting that the proposed Comprehensive Public Access Plan not be passed, including the syllabus of Nollan Et Ux. versus California Coastal Commission, was copied for Council and referred to the Public Hearing. A letter dated June 29, 1992, from Michael Hildt, Director of Planning and Building to Robert J Roth, President, R J Roth Management, Inc, citing McDonald/s Restaurant Sign violations was copied for Council. A letter received July 2,1992, from Daryl P Wakefield stating his reservations about the Comprehensive Access Plan including a draft access plan that was amended by himself and some others was copied for Council and referred to the Public Hearing. An invitation to the Washington State Transportation Commission public meetings on July 15,1992, and July 16,1992, being held in Ocean Shores and Aberdeen from Norm McKibben, Chair, was copied for Council on July 2,1992. This concludes the Consent Agenda. PUBLIC HEARING Comprehensive Public Access Plan. Rick Sepler summarized the comprehensive Public Access Plan as recommended by the Shoreline I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. Commission, and explained the draft shoreline master program amendment as well as other information. Dennis McLerran explained that the has reviewed the draft public access plan and addressed public comments that raised legal issues related to it. Mr McLerran stated that, from his review of the document, none of the issues with respect to street ends have any legal problems and then addressed the text in various other sections stating that as the plan is currently drafted. It is, with a few minor modifications, not legally deficient. Mayor Clise opened the hearing to the Public. Carter Haven was recognized and questioned if public rights of passage are defined under Washington State Law. Mr McLerran replied that Washington State Law does define street right-of-way clearly provides right- of-passage for pedestrians as well as vehicles, the Public Trust Doctrine also provides that where private tidelands are covered with water, there is a right of passage across. Right-of-passage when the tide is out is still unresolved in Washington StatE~. The Public Trust Doctrine is inherently a part of the Shoreline Management Act. Mr Haven then stated that he feels that a communi ty has a responsibility to provide a heal thy environmEmt for its citizens, including access to the coastline. Cal McCune was recognized and stated that by and large he is opposed to the plan saying he does not think it is necessary but is not opposed to the draft as it relates to street ends. Mr McCune then requested a future public hearing to speak on changes: to be submitted by Mr McLerran and then reviewed a portion of the plan that he opposes on page 8, standard #1. Mr McCune stated that this city should be a city of peoples' dreams, it should not be a city of paper reams and asked that the entire access plan be rejected or maybe just the portion that relates to street ends be adop1:ed. James DeLeo was recognized and questioned a 200 foot strip on page 3 regarding a public access area 200 strip of property along Port Townsend Bay. Mr McLerran responded that the Washington. State Shoreline Management Act designates a 200 foot strip along the shorelines as the area covered by the Act and that this planning document deals with the area that is within this jurisdiction. Mr DeLeo stated that the funding sources on page 28 includes a lot of volunteered time and that there are no volunteers anymore. Karen Erickson was recognized and questioned if staff was suggesting only adoption of the street end portion of the doGument. Mr Sepler verified that staff is suggesting that review of the document in its draft form is warranted and that the section that deals with street ends could be adopted this evening with thie other components of the plan would coming back in August. Ms Erickson recommended adoption of the street end portion and then further review of the rest of the plan. Byron Ruby was recognized and questioned the cost of the str,eet end improvements stating that the costs of utilities and other taxes are chasing a lot of people out. Bob Murray was recognized and opposed the walkway stating that even grants cost the citizens and questioned if there are grants to build the walkway, are there grants to repair it every YHar and stated that the city can't even take care of what they already have. Mr Murray suggested that instead of working for grants for the walkway we get grants for the city streets. Bob Rickard was recognized and commented that he sees no attempt to put money into a walkway along the beach in this plan but INhat is being attempted is to reserve the kind of access the public has appreciated historically, which means not constructing things such as fences and things to block what the public has already been using. Mr Rickard went on to say that there really is no lack of volunteers in the city and listed all the committees: in allowing 29 30 MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. the public to continue to use the waterfront, it is not the intent that the property owner should be required to maintain the natural tidelands; pointed out what he feels are slight conflicts in the draft plan; suggested that the use of any sort of signage or identification be only in places where it would not be clear to the public that this is not private property but a street end. Bill Nance was recognized and stated that the public is not in favor of a boardwalk and questioned why it is still in the plan. Mr Sepler explained that this portion is already in the currently adopted Shoreline Master Plan and that the Shoreline commission was looking to amend the document, not to go through and extract. Sylvia Thomas was recognized and stated that the second map in the appendix has some errors in it in regard to the Jackson Street street end. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. RESOLUTION NO 92-78 A RESOLUTION ADOPTING PHASE I OF THE COMPREHENSIVE PUBLIC ACCESS PLAN WHICH PROVIDES GUIDANCE IN THE DESIGN OF STREET-END PUBLIC ACCESS IMPROVEMENTS AND AN IMPLEMENTATION SCHEDULE FOR THE PROVISION OF THOSE IMPROVEMENTS WITHIN THE SHORELINE MANAGEMENT MASTER PROGRAM'S PORT TOWNSEND URBAN WATERFRONT SPECIAL DISTRICT. After discussion including Mr Sepler and Mr McLerran of a grant application, downtown beach access, signage, street end design guidelines, a prioritized list, Adams Street end, districts in transition, Councilmember Camfield made a motion that the Council adopt Resolution No 92-78 with changes as noted which was seconded by Councilmember Owsley. After brief discussion, Mayor Clise opened the discussion to the public for new or corrected information. Karen Erickson was recognized and stated she was surprised that Council is adopting this without design guidelines for the street ends and suggested that they be adopted. Byron Ruby was recognized and stated that he feels there will be a lot of costs invol ved with developing the street ends and handicapped access. The motion passed by voice vote with Councilmembers Westerman, Camfield, McCulloch, Sokol and Owsley voting in the affirmative and Councilmember Jones voting against the motion. Councilmember Camfield made a motion to continue the Public Hearing on the rest of the plan including design guidelines to August 3, 1992, which was seconded by Councilmember Westerman. During discussion, it was clarified that new information will be accepted at the continued hearing. The motion passed unanimously by voice vote. RECESS Mayor Clise declared a recess at 8:53 PM. at 8:55 PM. The meeting reconvened PUBLIC HEARING Puffin & Gull Conditional Use Permit 484-01 Renewal. Mr Hildt reviewed the Conditional Use Permit renewal. Mayor Clise opened the hearing to the Public. Paula Amell was recognized and stated that all of the requirements for the Conditional Use Permit have been met and questioned why they are required to have this permit. Albert Amell was recognized and stated that they believe they have complied with the conditional use permit terms for eight years although the parking agreement was verbal and not written. There being no further testimony, Mayor Clise closed the hearing to the I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. Public and turned to the Council for disposition. Mr Hildt explained that the Planning Commission in 1984 appeared t:o feel that the existing parking was inadequate and that the additional parking was required. Mr Hildt also verified that transient accommodations for hotels, motels and motor hotels all require a conditional use permit in a C-III zone and explained that the reason that this is a yearly permit is because of the leased parking. Councilmember Westerman made a motion that the Council renew Conditional Use Permit 484-01 for one year conditioned on the lease being signed and in effect which was. seconded by Councilmember Sokol. Paula Amell was recognized and questioned if the parking requirement has to be within 100 or 200 feet of their building. Mr Hildt explained that there is a rule in the Zoning Code that parking for uses wi thin the downtown parking district can be anywhere wi thin that district or adjacent to that district, which is a change that was made 4 or 5 years ago. The council looks at a Conditional Use Permit under the particular conditions imposed. The motion passed unanimously by voice vote. COMMITTEE REPORTS/STAFF REPORTS Legislative/Environmental. Councilmember Camfield requestE~d that Mr Hildt review the mitigated Determination of Non-significance for Duncan, which he did. Councilmember Camfield made a motion that the Council approve the following mitigated Determination of Non- Significance for James Duncan, 92003-03 which was seconded by Councilmember Jones and passed unanimously by voice vote. A. EARTH 1. To mitigate possible erosion hazards from the proposed project, a revised drainage plan shall be prepared by a civil engineer for approval by the Public Works Director. This plan shall be completed and approved prior to building permit approval. The plan shall include the following in wrH:ing or diagrams: 0 0 Phase I drainage provisions location of culverts to be installed under each driveway 2. To mitigate siltation and erosion from excavation and construction, temporary erosion and sedimentation control measures shall be reviewed and approved by the Public Works Director. B. AIR 1. To mi tigate adverse air impacts due to dust during dry weather I construction areas should be watered to suppress dust. In order to reduce potential surface and ground water contamination, chemical dust suppressants should not be used. C. WATER 1. To mitigate adverse water quality impact associated with increased impervious surfacing, biofiltration of runof:f shall be incorporated into the drainage plan. Quarry spalls and grassy swales shall be used in the drainage ditches. D. ENVIRONMENTAL HEALTH: NOISE 1. To mitigate adverse construction noise impacts on nearby residents construction shall be limited to between thE~ hours of 7 AM and 5 PM Monday through Friday and prohibited on weekends. 31 32 MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. E. LIGHT AND GLARE 1. Shielding shall be used on all exterior lighting to mitigate light and glare from affecting road or surrounding uses. The shielding shall direct light or glare downward and away from adjoining properties. F. HISTORICAL AND CULTURAL PRESERVATION 1. To mitigate potential impacts to archeological resources which may be discovered during excavation, work should be stopped if such materials are discovered and the State Historic Preservation Officer be contacted immediately. G. TRANSPORTATION 1. To mitigate impacts associated with providing adequate access to the site, a plan describing the transition of streets at the proposed intersections shall be submitted to the Director of Public Works for review and approval prior to the issuance of a street development permit. To mitigate impacts due to the existing steep slope conditions in the proposed street right-of-ways, and long-term maintenance considerations, all proposed roadways shall be paved. 2. 3. To mitigate impacts on pedestrians an informal pathway shall be established parallel to the proposed street construction from Cleveland to Holcomb Streets. H. PUBLIC SERVICES 1. To mitigate adverse impacts on emergency vehicle access, Cleveland will be opened between 42nd and 43rd Streets. Mini Triangle Park Financing. Mr McLerran explained the draft budget ordinance for funding for the mini-triangle park. Mr Brackett pointed out that the $15,000 from the Water Fund is for landscaping and the drip irrigation system and will be held until later in the season and that they will be an example for water conservation. During discussion of the financing, parking in the area, and landscaping a memo to the Park Board and the nearby businesses was requested. Mr Brackett explained that a meeting is scheduled for July 8, 1992, at 4:30 PM to review design alternatives for the Kearney street Improvements Project during which this park will be discussed and that the neighboring property owners have been invited to attend. After a brief discussion, it was the consensus of the Council that this park be referred to as the "Gateway Park". 1992 Budget Amending Introduction only. Ordinance (Mini Triangle Park) -For ORDINANCE NO 2306 AN ORDINANCE APPROPRIATING THE SUM OF $30,000 TO THE PARKS FUND FOR THE CONSTRUCTION OF MINI-TRIANGLE PARKS AND TRANSFERRING $15,000 OF, THAT AMOUNT FROM THE CAPITAL IMPROVEMENTS FUND AND THE REMAINING $15,000 FROM THE WATER FUND; MAKING FINDINGS AND DECLARING AN EMERGENCY THEREFORE. Ms Franz read the ordinance by title and stated that this is the first reading. It ~as the consensus of the Council that the City Attorney change the name of the park to Gateway Park, insert I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 6, 1992, Cont.. another Whereas, and change "mini triangle parks" to Gateway Park throughout the ordinance. Finance. Councilmember Owsley made a motion that an ordinance be prepared to address the increases made to the 1992 Budget by Mayor Clise which was seconded by Councilmember Camfield and passed unanimously by voice vote. Councilmember Owsley reported that the Committee believes that the budget allocation for the Rhody Committee agreement is $5,000 from the Hotel/Motel Transient Tax Fund and made a motion to that effect which was seconded by Councilmember Sokol and passed unanimously by voice vote. Councilmember Owsley also reported that the Committee does not recommend that the city help fund a study for the airport at this time. Tourism Marketing and Development Plan. Councilmember Owsley reported that the Finance Committee recommends allocating money from the Stadium Tax for the Tourism Marketing and Development Plan for a one year trial at 80% of the funds collected less the ~;38, 000 already set aside for the Restrooms and the Balloon Hangar for the 1993 budget. The Committee also feels that funds allocated for the Bell Tower and for city Dock in the 1992 budget could be used to start up this year. Discussion of the makeup of the I)~ourism Committee, funds allocation and a resolution of intent ensued. Pink House. Councilmember Camfield reported that she would like the rest of the Council to be thinking of what the next step should be for the Pink House and reminded Council of the process that has been gone through. A brief discussion ensued during which Councilmember Camfield stated that she would get the Pink House Committee back together again.- Street/Storm Drainage/Light. Councilmember Jones reminded Council that there is a street/Storm Drainage/Light Committee meeting scheduled for July 13, 1992, at 5: 00 PM at which tbne the Transportation Improvement Plan will be presented. Water/Sewer. Councilmember McCulloch set a meeting Water/Sewer Committee for July 22, 1992, at 5:00 PM Transportation Steering. Councilmember Westerman reported that the Committee has a meeting scheduled for July 13, 1992, at Public Works and another regular meeting later in the month. of the Regional Downtown Recycling stations. Councilmember Westerman reported that the stations have been received and should have the signage on them by July 10, 1992, and placed in the parking lot behind City Hall and behind the Hastings Building. Garbage Rate Increase. Councilmember Westerman reported that she will be meeting with Dave Grove on July 8, 1992, at 9:30 AM to discuss the garbage rate increases and invited the rest of the Committee to attend. City Dock. Mr Brackett reported that the Pope Marine Building has be relocated temporarily on shore while the dock is being worked on. The building will be relocated on pilings in the shoreline when the project is complete. Mr Brackett announced that a meeting will be held on July 21, 1992, at 4:30 PM, in City Hall, to discuss fund raising and renovations to the building, lighting and railings of the dock, tidal bowl and wave viewing gallery renovations and the Farmers Market parking lot. Storm Water and Associated Sewer Flows. Mr Brackett report«3d that the crews have been working hard on the problems caused by the weekend rain storm. This particular storm was a 50-year storm 33 34 MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. event, and that that much rain has fallen only twice since records have been kept since 1857. Utility Bills. Mr Brackett reported that the Utility Department staff has had a flood of inquiries regarding the new rates reflected on the bills and invited the Councilmemhers to step in and help for an hour or so~ A brief discussion of the bills and the questions ensued. Kearney street Improvements. Mr Brackett reported that a Design Alternatives Presentation will be made on July 8,1992, at 4:30 PM in the Council Chambers by the consultant, S V R Design Company. Storm Water Seminar. Mr Brackett announced that the Department of Ecology and the puget Sound Water Quality Authority is presenting a storm water seminar all day on July 7, 1992, at the Chimacum-Tri Area community Center and encouraged the Councilmembers to attend between 9:00 and 12:00 AM if possible. A sub-committee of the Wetlands Stormwater Advisory Committee (WETSWAC) will be meeting at the Fort Worden Headquarters Office from 5:00 to 6:30 PM after the seminar. Environmentally Sensitive Areas Ordinance. Mr McLerran reported that he has been working on the Environmentally Sensitive Areas Ordinance draft 8 which will be used for the joint hearing with the Planning commission and believes that it is a good document for discussion purposes. civil Service Rules. Mr McLerran also reported that he has been working with the Police and Fire Chiefs on re-drafting of the civil service rules for police and fire to comply with the Americans with Disabilities Act and because new lists are required for possible new hires in the police department. An ordinance will be forthcoming. Mr McLerran explained the use of the "Rule of Three" for a range of choices in the final hiring choice. Environmentally Sensitive Areas Ordinance. Mr Hildt reported that the administrative sections of the Environmentally Sensitive Areas Ordinance and how they are to implemented are very difficult. A memorandum from him should be available July 8, 1992. Taylor Street. Mr Hildt reported that he and the Fire Chief have been looking at Taylor Street in regard to the entrance arrangement for the Rose Theater. Concerns have been raised about the diagonal parking in front of the Theater in case of emergency. The best alternative would be to reverse the parking pattern on the street so that the diagonal parking would be on the left (east) side and the parallel parking on the theater side with the first two spaces designated as "load/unload" spaces. Community Facilities Plan. Mr Hildt reported that a meeting was held to discuss the Community Facilities Plan (CFP) which is mandated by the Growth Management Act. Mr Hildt explained that, in some ways, this would encompass the Capital Improvement Plan and the new Comprehensive Plan to be adopted by September and shows how we intend to have our community facilities plan in place to meet the expected growth. McDonald's signs. Mr Hildt also reported that he has received a letter from Mr Roth today stating that they (McDonalds) have taken down the streamers and are now reviewing the sign code to determine if they think the signs on the walls are violations. Planner II position. Mr Hildt reported that he is beginning to do the interviews on the Planner II position and explained the advertising process being used. Recycling at McDonald's. Councilmember Westerman reported that there have been some serious recycling problems at McDonalds, and I I I I I I MINUTES OF THE REGULAR SESSION OF JULY 6, 1992, Cont. that they are not adhering to the terms of the Conditional Use Permit in which they promised to do a litter pickup every hour that they are open. NEW BUSINESS Ordinance Adopting 1991 Building Codes. ORDINANCE NO 2307 AN ORDINANCE ADOPTING 1991 BUILDING CODES, PROVIDING PERMANENT EXEMPTIONS FROM BUILDING PERMIT REQUIREMENTS, AMENDING SECTION 16.04.010 OF THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE. Mr Hildt explained the ordinance. Mr McLerran explained the ordinance with respect to the vested rights law in the State of Washington. Ms Franz 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. M:s Franz again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2307 which was sE~conded by Councilmember Sokol and passed unanimously by roll call vote. Resolution Authorizing City Participation in the Jefferson County Solid Waste Management Plan. RESOLUTION NO 92-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING JEFFERSON COUNTY TO INCLUDE THE CITY OF PORT TOWNSEND IN AN AMENDMENT OF THE JEFFERSON COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. Councilmember Westerman explained the resolution and made a motion that the Council adopt Resolution No 92-79 which was seconded by Councilmember Camfield and passed unanimously by voice votE~. Set Public Hearing for Rosewind PUD. Mr Hildt explained tha't there are two hearing scheduled for July 20, 1992: The Transportation Improvement Program and the Port of Port Townsend Street Vacation. The Port will be writing a letter asking that their hearing be postponed; therefore, the Rosewind PUD Hearing could be scheduled for that meeting. It was the consensus of the Council that the Rosewind Planned Unit Development Hearing be scheduled for July 20, 1992. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate including Dennis McLerran, Vera Franz, Michael Hildt and Randy Brackett at 10:23 PM. The meeting was reconvened at 10:34 PM. 35 36 MINUTES OF THE REGULAR SESSION OF JULY 6,1992, Cont. ADJOURNMENT There being no further adjourned at 10:34 PM. r Clise declared the meeting ~ Mayor Attest: ~~ MINUTES OF THE SPECIAL SESSION OF JULY 15,1992 The City Counci I of the city of Port Townsend met in special session this Fifteenth day of July 1992, 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. Also present were Planning commission Members Ernie Baird, Mark Welch, Cindy Thayer, Lois Sherwood, Randy Maag, Bob Rickard, Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Planner Dave Robison, and City Consultant Lisa Palazzi. Councilmember Camfield arrived at 7:10 PM. JOINT PUBLIC HEARING Environmentally Sensitive Areas Ordinance. Mayor Clise explained that there will be no action taken on the Environmentally Sensitive Areas Ordinance this evening and that all testimony is wanted. Dave Robison noted that this is draft #8 and explained the process the draft ordinance has gone through since the beginning of the year. Mr Robison explained that this ordinance comes due to the Growth Management Act that was passed in 1990 that says that all cities and counties within the state of Washington must designate and protect environmentally sensitive areas and then went on to summarize the areas: wetlands, fish and wildlife habitat, geologically hazardous areas, frequently flooded areas, and aquifer recharge areas. Mr Robison then explained the process that would be required if a building site is in one of the environmentally sensitive areas. Mr Robison introduced Lisa Palazzi, consultant working with the City on the Environmentally Sensitive Areas ordinance who is a soil scientist in wetlands and stormwater management. Mr McLerran addressed the issue of how this ordinance fits within the constitutional limitations regarding the regulation and use of property. Mr McLerran discussed the difference between taking and substantive due process and stated that this regulation, on its face, does not have a constitutional problem. Mayor Clise requested questions for clarification from the public before opening the hearing for public testimony. David Wren questioned why "extraordinary hardship" on page 7 appears to be struck out of the document. Mr McLerran responded that after he became invol ved in this, about draft 4 or 5, the language was specifically taken out of court cases regarding reasonableness as opposed to extraordinary hardship and that the reasonable use exception process is in 6.4 on page 22. I I I