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HomeMy WebLinkAbout12/21/1992 I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 7, 1992, Cont. ADJOURNMENT There being no further business, Councilmember Jones made a motion to adjourn which was seconded by Counc' ember cCulloch and passed unanimously by voice vote at 9:07 . AtteSl4 ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992 The City Council of the City of Port Townsend met in regular session this Twenty-first day of December, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presidinq. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, and Cindy 1\'olpin. Councilmember Sheila Westerman was excused. Also present were Deputy City Treasurer Vera Franz, Director of Planning and Building Michael Hildt, Police Chief Jim Newton, City Engineer Randy Brackett and Public Works Administrative Assistant Elizabeth Yates. PRIORITY ITEM WetSWAC Update Presentation. Mr Brackett explained the function of the WetSWAC Committee (Wetland Stormwater Advisory Committ4~e) and introduced Committee member Dale Bonar. Mr Bonar reported that the Committee has defined its mission: to help the city come up with the best possible stormwater management plan which will minimize the flood and erosion damage caused by stormwater while maximizing water quality protection: to educate the public about the plan and what they can do to help implement the plan. The main thing done by the committee is to become educated in the technical issues, public policy issues and public involvement. Mr Bonar then reported on the various functions by the Committee and some of the problem areas in the city. Kathryn Jenks, committee member, requested funds for water quality testing in the budget. PUBLIC COMMENTS Judy Friesem was recognized and spoke in favor of School site B stating that the wetland would be an asset for the school and gave her vision of its educational use. Councilmember Wolpin noted that the Council will not choose a site, the School Board will, and that the Council is making an environmental determination only. Nancy Milholland was recognized and spoke in favor of School site B as an opportunity to incorporate development and enhance wildlife at the same time. Doug Milholland was recognized and stated that the State Environmental Policy Act determination will be taken by the School Board as a green light to go ahead with the choosing of a site and, therefore, it is appropriate to speak to Council regarding a site. Mr Milholland went on to discuss the process of the Phase I determination. 145 146 MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. Bart Phillips, Executive Director, Economic Development Council, was recognized and addressed their 1993 budget request and goals. Scott Walker was recognized and discussed his concerns for the Environmental Checklist for the school as it relates to bicycles and parking. Bob Little was recognized and spoke against School site E and addressed the State Environmental Policy Act review procedure as it relates to the proposed Middle School. Jim Rogers was recognized and stated that it is his feeling that information that would be helpful for the School Board to choose a site is lacking and discussed 'concerns about the wetlands in site B, parking requirements, and excavation requirements for Site E. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Approval of the following Bills and Claims: Current Expense Street Park Emergency Medical Services Capital Improvement Water-Sewer Equipment Rental Firemen's Pension and Relief Total $ 32,248.83 779.68 204.01 2,148.74 1,420.18 10,041.32 3,644.04 189.35 $ 50,676.15 Setting Hearings: Cunningham Rezone Request for January 19,1993 Approval of Appointment: Carol Stabile to the Port Townsend Arts Commission until February 1,1994. Communications: An analysis dated August 27, 1992, from Gary Warner of sites A to F for a new Port Townsend Middle School was copied for council and referred to the Legislative/Environmental Committee. A letter dated October 9, 1992, from City Planner Dave Robison to Roger Easling, Project Manager, Heery International, pertaining to the State Environmental Policy Act checklist for the Middle School site E was copied for Council and referred to the Legislative/ Environmental Committee. A letter dated November 2,1992, from Cheryl Bergener, Waterworks certification Board, Department of Health announcing that a Certificate of Competency is being issued to Robert J LaCroix as a Water Distribution Manager 2 and a Water Treatment Plant Operator 2 was copied for Council. A letter of concern dated November 18, 1992, from Joy Goodrich, President, Port Hadlock Chamber of Commerce, regarding the future of water service for the Tri-Area was copied for Council and referred to the Water-Sewer Committee. A letter dated December ;3, 1992, from Frank D' Amore removing himself from any and all 9Prlsiderations by the Shorelines I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. Commission of the proposal by the Vertex Group for the Thomas Oil property was copied for Council. A letter dated December 7, 1992, from Nancy Graham requesting reconsideration of her utility bill was copied for Council and referred to the Finance Committee. A report dated December 8, 1992, on Economic Development Council activities and results for 1992 from Bart Phillips, Exl~cutive Director, was copied for Council. A letter dated December 10,1992, from Margaret Caro responding to a Letter to the Editor in the Leader, regarding bicycle transportation was copied for Council. A letter dated December 14, 1992, from Bart Phillips, Exøcutive Director, enclosing a report on the activities and results in 1992 of the contract with the Economic Development Council and th,e draft strategic plan and suggestions for the 1993 contract was copied for Council and referred to the Finance Committee. A letter dated December 14, 1992, from Mike Early, Port Townsend Golf Club announcing an increase in daily fee prices was copied for Council and referred to the Parks/Property Committee. A letter dated December 15, 1992, from Conrad Kuehl stating his concerns about the business "Collinwood Farms" located on F street across from the Port Townsend Golf Course was copied for Council and referred to the Street/Storm Drainage/Light Committee. A letter dated December 18, 1992, from C A Hasse with thanks for the courageous and preservering work on the Shorelines Am.~ndment and interim restriction was copied for Council. A letter dated December 21, from Virginia Dignan stating her concerns for the Middle School site plan was copied for Council and referred to the Legislative/Environmental Committee. This concludes the Consent Agenda. PUBLIC HEARING Ordinance 2323 Extension - Interim Arterial Setbacks. Mr Hildt reviewed the ordinance and its history. Mayor Clise opened the hearing to the Public. Scott Walker was recognized and spoke against the extension of all the recommendations and dÜ;cussed right-of-way needs. Lee Wilburn was recognized and reportl~d that the Transportation Committee has discussed and recommended that not all of the streets in the ordinance be extended. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. ORDINANCE NO 2328 AN ORDINANCE EXTENDING THE INTERIM PROPERTY SETBACKS AND LAND USE CONTROLS ON PROPERTIES IN THE CITY OF PORT TOWNSEND'S COMPREHENSIVE PLANNING AREA BY AMENDING ORDINANCE 2248 AS AMENDED IN ORDINANCES 2284 AND 2323, AND EXTENDING THE EFFECT OF SAID ORDINANCE; AND DECLARING AN EMERGENCY. Mr Hildt reviewed the changes recommended by the Transportation Committee and staff comments on them. After discussion, Ms Franz read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Sokol and passed by voice vote with Councilmember Jones voting against the motion. After discussion, Ms Franz again read the ordinance by title. 147 148 MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. Councilmember Owsley made a motion that: the Council adopt Ordinance No 2328 which was seconded by Councilmember Camfield. Scott Walker was recognized to give new and addi"tional information speaking against the setbacks required by this ordinance. The motion passed by roll call vote with Councilmembers Camfield, McCulloch, Owsley and Sokol voting in the affirmative and Councilmembers Jones and Wolpin voting against the motion. RECESS Mayor Clise declared a recess at 8:30 PM. The meeting reconvened at 8: 35 PM. City Attorney Dennis McLerran was present at this time as well as members of the School Board, School Staff and School Consultants. COMMITTEE REPORT State Environmental Policy Act (SEPA) Threshold Determination - School Site (Phase I). Councilmember Camfield left the Chambers. Mayor Clise recognized the presence of Mr Alford, School Superintendent and 6 others. Councilmember McCulloch stated that her niece works for the owner of one of the sites under consideration for the School. Since the Council will not be choosing a site she does not feel her objectivity will be impaired by this disclosure but offered to withdraw from this process if there is anyone who feels that she should. There being no concerns or objections, Councilmember McCulloch remained in the Chambers. Councilmember Wolpin discussed the phase review process and noted that the City Attorney is present specifically for this discussion. Mr Hildt gave a general overview of what the environmental review process is contemplated to be contrasting the role of the Council with that of the School Board. Mr McLerran discussed the phased review and SEPA administrative rules. Councilmember Wolpin discussed her concerns for the process and particularly the possible use of Umatilla a secondary access point to one site under consideration and the wetland on one of the other sites (B). A lengthy discussion ensued including Roger Easling, School Consultant, Bob Alford, School Superintendent, City Staff and Councilmembers. Councilmember Jones suggested that a copy of the tape for the Public Comment portion of tonight's meeting be made for the School Board and possibly the tape for the Legislative/ Environmental Committee meeting on December 14, 1992. After further discussion, Councilmember Sokol made a motion that the Council make a mitigated determination of non-significance and adopt the following conclusions and recommendations which was seconded by Council-member Wo1pin. After a lengthy discussion including Mr Alford and David Warner, School Consultant, the motion passed unanimously by voice vote. CONCLUSIONS AND RECOMMENDATIONS The environmental review indicates a probability of significant adverse environmental impacts from the proposal, which could be mitigated. The following recommendations are intended to mitigate adverse environmental impacts disclosed during State Environmental Policy Act (SEPA) review. If these recommendations are agreed upon by the proponent, issuance of a Mitigated Determination of Non-Significance is appropriate. A. EARTH 1. The District agrees to follqw aft ~rosiqn pontrol measures, temporary and permanent, ~h~~ ~~e listed in the amended Phase I SEPA Checklist. . , I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. 2. The District agrees to submit a final soils, grading and excavation report for the preferred alternative site prepared by a professional geotechnical engineer, and approved by the City prior to Phase II SEPA Threshold Determination. B. AIR I For all sites, to mitigate adverse air impacts due t:o dust during dry weather, construction areas shall be watE!red to suppress dust. In order to reduce potential surface and ground water contamination, chemical dust suppressants shall not be used. Emissions from motorized vehic,le traffic Iwill be reduced to the greatest degree possible by providing safe pedestrian and bicycle routes to and from school and encouraging transit use. 3. C. WATER 4. During Phase II SEPA.review, the District agrees to submit a final drainage plan prepared for the preferred sit'e by a professional engineer. This drainage plan shall be approved by the City prior to Phase II SEPA Threshold Determination. The final drainage plan shall include, but is not limi"ted to, the following requirements: a) b) c) I d) e) Water quality treatment shall be achieved through biofiltration measures or infiltration systems; Analysis of off-site flows both into and out of the site to assess impacts to water levels and water quality at receiving areas or closed depressions; Detention ponds shall be designed with a maximum depth of six feet with maximized shoreline surface area. The shoreline alignment shall be a meandering shape as shown in the Department of Ecology Stormwater Manual guidelines. Nutrient control is required due to anticipated use of fertilizers. Wherever a site exists on a closed depression, water quality is a sensitive issue, and is therefore not exempt from Minimum Requirement #7 of the DOE Stormwater ]~anual. 5. site B: If Site B is selected as the preferred site and pursued in Phase II SEPA review, the District agrees to prepare a wetland mitigation plan if any of the wetland and/or its buffer area is altered in any way by the development of the school. This mitigation plan will be prepared in accordance with the requirements of Chapter 19.05.110 of the Port Townsend Municipal Code (PTMC). However, property purchase negotiations with the current owner may result in an agreement for the current owner and/or the City to prepare the wetland mitigation plans, restore the wetland, and dedicate it to the City of Port Townsend to protect the wetland r.esource and for use for stormwater drainage as part of the City's Stormwater Master Plan. The final disposition of the wetland area shall satisfy the regulatory requirements of the City and the Army Corps of Engineers. I 6. The use of herbicides and pesticides on the new Middle School site shall be prohibited. D. PLANTS 7. For each site, the District agrees to submit a land:scaping plan prepared for the preferred site, which shall be approved by the Ci ty prior to the Phase II SEPA Threshold Determination. The District agrees to minimize the removal of existing vegetation where feasible, and maximize the use of drought tolerant and native plant species in the landscaping plan. 149 150 J. MINUTES OF THE REGULAR SESSION OF DECEMBER 21,1992, Cont. E. ANIMALS 8. Areas of existing vegetation shall be preserved for wildlife habitat on each site and shown on the Phase II SEPA landscaping plan. F. ENERGY AND NATURAL RESOURCES 9. Appropriate degree of solar access shall be incorporated in the design of the new school building on either of the sites. G. ENVIRONMENTAL HEALTH No mitigating measures are proposed. H. NOISE 10. Construction activities will be limited to the hours between 7:00 am to 6 pm on site E and B, and 6:00 am to 7:00 pm on Site F, Monday through Friday, with the exception that other crucial construction activities may need to be completed at hours other than noted above, but they will be minimized to an as-needed basis. I. LAND AND SHORELINE USE. 11. No mitigating measures are proposed, but since each site will require a rezone of the property from R-IA to P-I zoning classification, a Street Vacation and a Conditional Use Permit, specific land use concerns will be addressed at that time. HOUSING No mitigation measure is proposed. K. 12. 13. L. 14. M. 15. 16. N. 17. AESTHETICS Design and materials for the new building shall be executed in a manner sympathetic to the surrounding site and neighborhood and aesthetically compatible with the existing site. A specific landscaping plan for the site shall be submitted at Phase II SEPA review. Substantial landscaped buffers between the school and adjacent residential areas shall be shown on Phase II site plans and installed. LIGHT AND GLARE Phase II plans shall show shielding on all exterior lighting to prevent light and glare from affecting surrounding roads or uses. Lighting shall be designed to provide safe and secure passage of pedestrians, bicycles and motorized vehicles. RECREATION The new Middle School play fields and select interior spaces will be accessible to the public during certain hours when school related functions are not in session. Site B: The District and the City agree to make every effort to work with the County Fairboard to coordinate the development of a joint use agreement for mutual benefits between the school property and the fairgrounds. HISTORICAL AND CULTURAL PRESERVATION To mitigate potential impacts to archeological resources which I I I I I I O. 18. 19. MINUTES OF THE REGULAR SESSION OF DECEMBER 21,1992, Cont. may be discovered during excavation, work shall be s1:opped immediately if such materials are discovered and the State Historic Preservation Officer will be contacted immediately. TRANSPORTATION For any of the sites, the District agrees to install on-site student drop-off/pick-up areas. Site B: a) In order to provide for sufficient right-of-way to develop a center left turn lane, in addition to the other necessary vehicular and pedestrian safety and drainage improvements, the District agrees to dedicate prior to issuance of a building permit thirty feet of additional street right-of-way to the public along San Juan Avenue for the entire length of the property fronting on San Juan Avenue. When a survey of the existing right-of-way has been completed, the actual amount of right-of-way to be dedicated may be adjusted to achieve a necessary total right-of-way width of at least eighty feet. b) The District agrees to install a five-foot-wide concrete sidewalk within the newly dedicated portion of San Juan right-of-way from the north to the south boundary of the site. c) The City agrees to make pedestrian and improvements to San Juan Avenue as follows: vehicular . Construct a five-foot-wide crushed rock walkway on at least one side of San Juan Avenue from 47th Street to "F" Street. . widen the paved surface of San Juan Avenue from 47th Street to "F" street to twenty-eight feet. . Improve and relocate biofiltration trenches to accommodate stormwater runoff and provide separation of the walkway from the street surface. . Paint Crosswalks across San Juan Avenue at the entrance to the school site and at "F" street. . Acquire additional right-of-way as necE~ssary. In the event the City is unable to obtain sufi icient funding, or if other unforseen difficulties arisl~ which prevent the City from completing these improvements prior to issuing a Certificate of Occupancy for the school, the City will make interim improvements to provide temporary street facilities to assure the school opening will not be delayed. d) The District agrees to contribute its fair share to the costs of these arterial street improvements. The District's fair share shall be an amount of money equal to the avoided costs to the District of not having to make the walkway/bikeway improvements which were offered by the District in connection with proposed sitl~ E, as modified by the requirements of the City on 37th street. The list of these proposed improvements is attached as Attachment A. The District and the. City will each prepare specific estimated costs of these proposed improvements and attempt to agree on an accurate estimate. If the District and the city are unable to reach agreement, the Superintendent and the Mayor will 151 152 MINUTES OF THE REGULAR SESSION OF DECEMBER 21,1992, Cont. 20. b) c) d) select an independent third party to decide upon an accurate estimate. In no event will the District's share be greater than 20% of the total City project cost incurred by the City for work identified in 19(c) above. The District's fair share contribution shall be placed in escrow prior to issuance of a building permit by the City, for use in payment of said improvements. In the event that construction is not initiated by the City by January of 1996, such funds are to be returned to the School District. site E, E(mod.): a) The District agrees to make the following off-site street improvements: . Development of 37th Street from San Juan Avenue to the school site to City Street Development Standards, including a paved rolling surface of at least 28 feet in width, unpaved, eight-foot-wide parking areas on each side, drainage ditches and a five-foot-wide, crushed rock walkway on the south side. . Addition of a four-foot-wide pavement extension on both sides of umatilla Avenue and a five-foot-wide crushed rock walkway on one side of Umatilla Avenue from San Juan Avenue to the school site. The District also agrees to construct a concrete sidewalk interior pedestrian circulation system on the site. The City agrees to make pedestrian and improvements to San Juan Avenue as follows: vehicular . Construct a five-foot-wide crushed rock walkway on at least one side of San Juan Avenue from 47th Street to "F" Street. . widen the paved surface of San Juan Avenue from 47th Street to "F" Street to twenty-eight feet. . Improve and relocate biofiltration trenches to accommodate stormwater runoff and provide separation of the walkway from the street surface. . Paint Crosswalks across San Juan Avenue at 37th Street and at "F" Street. . Acquire additional right-of-way as necessary. In the event the City is unable to obtain suff icient funding, or if other unforseen difficulties arise which prevent the City from completing these improvements prior to issuing a Certificate of Occupancy for the school, the City will make interim improvements to provide temporary street facilities to assure the school opening will not be delayed. The District agrees to contribute its fair share to the costs of these arterial street improvements. The District's fair share shall be an amount of money equal to the avoided costs to the District of not having to make the walkway/bikeway improvements which were offered by the District in connection with proposed Site E. The list of these proposed improvements is attached as Attachment B. The District and the City will each I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 21,1992, Cont. 21. P. prepare specific estimated costs of these proposed improvements and attempt to agree on an accurate estimate. If the District and the City are unable to reach agreement, the Superintendent and the Mayor will select an independent third party to decide upon an accurate estimate. In no event will the District's: share be greater than 20% of the total City projec1: cost incurred by the City for work identified in 20(c) above. The District's fair share contribution shall be placed in escrow prior to issuance of a building permit by the City, for use in payment of said improvements. In the event that construction is not initiated by the City by January of 1996, such funds are to be returned to the School District. Site F: a) b) d) The District agrees to improve Howard Street from 20th Street to Hastings Avenue to City Street Development Standards for arterial streets. These improvements shall include a paved rolling surface of at least 30 feet in width, and a crushed rock surfaced walkway of a1: least fi ve feet in width on at least one side, separatE!d from the roadway by storm drainage biofiltration ditches. The District also agrees to construct a new arterial street connecting the site with Discovery Bay Road to the south. This street shall be constructed to City street Development Standards along a route to be determined in agreement with the City Council as an amendment to the Port Townsend Comprehensive Plan. c) Crosswalks will be painted by the District across Howard Street at the school site and at Hastings Avenue; across Discovery Bay Road and the new arterial street; across Hastings Avenue at Howard Street; and across Discovery Bay Road at 14th and Sheridan Streets. The City agrees to widen Hastings Avenue from Howard Street to Sheridan Street to a minimum paved surface of twenty-eight feet with the addition of a five-foot-wide crushed rock walkway on at least one side of the roadway, separated from the roadway by storm drainage biofiltration ditches. In the event the City is unable to obtain sufficient funding, or if other unforseen difficulties arise which prevent the City from completing these improvements prior to issuing a Certificate of Occupancy for the school, the City will make interim improvements to provide temporary street facilities to assure the school opening will not be delayed. PUBLIC SERVICES No mitigation measure is proposed. Q. 22. c) UTILITIES site B: a) The proposed sewer connection shall be constructed in accordance with City requirements which will likely include a new manhole. Prior to Phase II SEPA Threshold DeterminatiCln, the District's project engineer shall contact the Public Works Director concerning the static pressure of the system to be used in the design. Prior to Phase II SEPA Threshold Determination, utility b) 153 154 MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. d) e) 23. site a) b) c) 24. site a) b) c) d) installation specifications and water conservation measures shall be submitted by the District and approved by the Public Works Director. A 25-foot-wide utility easement over the sewer trunk line on the site shall be dedicated to the city. The District agrees to provide a pedestrian/bicycle pathway easement through the site from San Juan Avenue to a location near the Fairgrounds. A final pathway route for purposes of access through to the Fairgrounds shall be at the District's discretion. E, E (mod. ) : The sanitary sewer line constructed by the District shall connect to the existing line on San Juan Avenue. Prior to Phase II SEPA Threshold Determination, the District's project engineer must contact the Public Works Director concerning the static pressure of the system to be used in the design. Prior to Phase II SEPA Threshold Determination, utility installation specifications and water conservation measures shall be submitted by the District and approved by the Public Works Director. F: Prior to Phase II SEPA Threshold Determination, the project engineer must contact the Public Works Director concerning the static pressure of the system to be used in the project design. Prior to Phase II SEPA Threshold Determination, utility installation specifications and water conservation measures shall be submitted by the District and approved by the Public Works Director. The District agrees to provide sanitary sewer by constructing a limited length of gravity main to the low- lying area on the north end of the property where a sewage pump station will be located and a force main will be directed east to a manhole and existing eight (8) inch line at the intersection of Thomas Street and 25th Street alignment. Right-of-way acquisition will be necessary at the adjacent property west of Thomas Street. The City will work with the District regarding cost sharing for necessary improvements to the 25th Street alignment east of Sheridan. The District agrees to pay its fair share of the cost of a water standpipe in this area, or to construct a booster pump to City Standards. The installation, operations and maintenance of the booster pump shall be paid for by the District. ATTACHMENT A List of walkway/bikeway improvements proposed for Site E by the District in their Middle School Environmental Checklist dated October 23,1992.* (For purposes of determining the District's avoided costs contribution to the City for off-site walkway/bikeway improvements associated with the school development on Site B). A five-foot-wide crushed rock walkway along one side of 37th Street and Umatilla Avenue from San Juan Avenue to the school site: A four-foot-wide pavement extension along both sides of 37th Street and Umatilla Avenue from San Juan Avenue to the school site: A six-foot-wide pavement extension on one side at the following locations: . Along Discovery Bay Road from Hastings Avenue to San Juan Avenue; 1. 2. 3. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 21,1992, Cont. 4. Along "F" Street from Cherry Street to San Juan l\.venue; Along San Juan Avenue from "F" Street to Umatilla Avenue and from 37th Street to Lopez Avenue; Crosswalks painted across San Juan Avenue at the entrance to the school site. . . *Items 1,2, and 4 above includes modifications included in mitigation measure 19.a. ATTACHMENT B List of walkway/bikeway improvements proposed for site E by the District in their Middle School Environmental Checklist dated October 23, 1992. (For purposes of determining the District's avoided costs contribution to the City for additional off-site walkway/bikeway improvements associated with the school development on Sitl~ E). 1. A six-foot-wide pavement extension on one side at the following locations: . Along Discovery Bay Road from Hastings Avenue to San Juan Avenue; Along "F" Street from Cherry Street to San Juan Avenue; Along San Juan Avenue from "F" Street to umatilla Avenue and from 37th Street to Lopez Avenue; . . RECESS Mayor Clise declared a recess at 10:01 PM. The meeting reconvened at 10:07 PM. Councilmember Camfield returned to the Chambers. Members of the School Board, School Staff and School Consultants left at this time. PUBLIC HEARING Planning and Building Fee Changes. Mr Hildt reviewed the :fee changes. Mayor Clise opened the hearing to the Public. There being no testimony, Mayor Clise closed the hearing to the Public and turned to the Council for disposition. ORDINANCE NO 2329 AN ORDINANCE RELATING TO REVENUE AND FINANCE: SETTING FEES FOR VARIOUS BUILDING AND LAND USE APPLICATIONS, PERMITS AND SERVICES; AMENDING SECTIONS 3.36.015 AND 19.04.260 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE. After discussion, Ms Franz read the ordinance by title. Council- member Owsley made a motion that the first reading be considered the second and the third be by title only which was secondcad by Councilmember Sokol and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember Jones made a motion that the Council adopt Ordinance No 2329 which was seconded by Councilmember Sokol. After a brief discussion, the motion passed uqij~t~ously by roll call vote. U~F+ff+Rß~P ~USINESS Adoption of 1-f}~3 City B\f~~. ORDINANCE NO 2330 AN ORDINANCE FIXING AND ADOPTING THE 1993 BUDGET FOR THE GENERAL CITY GOVERNMENT, THE 155 156 MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. WATER-SEWER UTILITIES, THE STORM AND SURFACE WATER UTILITY, AND BOND REDEMPTION FUNDS. Mayor Clise and Ms Yates explained the ordinance. 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. Ms Franz again read the ordinance by title. Councilmember Owsley made a motion that the Council adopt Ordinance No 2330 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. Resolution on the Federal Fair Housing Act. RESOLUTION NO 92-111A A RESOLUTION EXPRESSING SUPPORT FOR THE POLICIES OF THE FEDERAL FAIR HOUSING ACT AND ITS APPLICATION IN THE CITY OF PORT TOWNSEND. Martin Rowe, Community Action council, was recognized explained the resolution. After discussion, Councilmember Sokol made a motion that the Council adopt Resolution No 92-111A which was seconded by Councilmember Camfield and passed unanimously by voice vote. Ordinance No 2326 - Final Supplement to 1992 Budget. ORDINANCE NO 2326 AN ORDINANCE APPROPRIATING THE SUM OF $132,002 TO THE CURRENT EXPENSE FUND; $22,500 TO THE STREET FUND; $10,300 TO THE HOTEL/MOTEL TRANSIENT TAX FUND; $1,300 TO THE EMERGENCY MEDICAL SERVICES FUND; $4,400 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND; $355,000 TO THE 1992 CITY DOCK RECONSTRUCTION FUND; $995,600 TO THE WATER-SEWER FUND; $1,378,700 TO THE STORM AND SURFACE WATER FUND; $166,786 TO THE 1992 WATER-SEWER REVENUE BOND REDEMPTION FUND: $16,200 TO THE EQUIPMENT RENTAL FUND; MAKING FINDINGS AND DECLARING AN EMERGENCY. Ms Franz read the ordinance by title. Councilmember Owsley made a motion that the second reading be considered the third and the third be by title only which was seconded by Councilmember Sokol and passed unanimously by voice vote. Councilmember Camfield made a motion that the Council adopt Ordinance No 2326 which was seconded by Councilmember Sokol and passed unanimously by roll call vote. Ordinance Adopting Capital Facilities Plan. ORDINANCE NO 2331 AN ORDINANCE ADOPTING AN INTERIM CAPITAL FACILITIES PLAN FOR THE CITY OF PORT TOWNSEND. 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. Ms Franz again read the ordinance by title. Councilmember Sokol made a motion that the Council adopt Ordinance No 2331 which was seconded by Councilmember McCulloch and passed unanimously by roll call vote. I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 2l, 1992, Cont. Ordinance Adopting a Tax on Revenue of the Stormwater Utilj~. ORDINANCE NO 2332 AN ORDINANCE AMENDING CHAPTER 5.84 OF THE PORT TOWNSEND MUNICIPAL CODE RELATING TO THE UTILITY BUSINESS TAX BY AMENDING SECTION 5.84.030 TO CREATE A NEW TAX ON THE REVENUE GENERATED FROM COLLECTION OF STORMWATER UTILITY SERVICE RATES IN THE AMOUNT OF SEVEN PERCENT. 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 McCulloch and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2332 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. Amendment to Real Estate Excise Tax Ordinance. ORDINANCE NO 2333 AN ORDINANCE AMENDING CHAPTER 3.28 OF THE PORT TOWNSEND MUNICIPAL CODE RELATING TO THE REAL ESTATE EXCISE TAX AND LIMITING THE USE OF THE PROCEEDS THEREFROM TO BE CONSISTENT WITH THE PROVISIONS OF STATE LAW. Mayor Clise explained the ordinance. Ms Franz read the ordinance by title. Councilmember Sokol made a motion that the firs1: reading be considered the second and the third be by title only which was seconded by Councilmember McCulloch and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2333 which was seconded by Councilmember Jones and passed unanimously by roll call vote. Resolution on Jacobsen License Agreement. RESOLUTION NO 92-112A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KARL JACOBSEN REGARDING A LICENSE AGREEMENT FOR USE OF CITY RIGHT-OF-WAY. Mr Brackett explained the resolution. Councilmember Sokol made a motion that the Council adopt Resolution No 92-112A which ~~as seconded by Councilmember McCulloch and passed unanimously by voice vote. Ordinance Amending Electrical Utility Tax. ORDINANCE NO 2334 AN ORDINANCE AMENDING CHAPTER 5.84 OF THE PORT TOWNSEND MUNICIPAL CODE RELATING TO THE UTILITY BUSINESS TAX BY AMENDING SECTION 5.84.030 TO INCREASE THE AMOUNT OF SAID TAX ON THE SALE, DELIVERY OR DISTRIBUTION OF ELECTRICITY OR ELECTRICAL ENERGY FROM THE CURRENT FOUR PERCENT TO THE STATUTORILY AUTHORIZED AMOUNT OF SIX PERCENT AND BY AMENDING SECTION 5.84.050 TO CREATE ADDITIONAL DEDUCTIONS FROM THE UTILITY 157 158 MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. BUSINESS TAX FOR TAXES PAID TO THE UNITED STATES, THE STATE OF WASHINGTON AND FOR LICENSE FEES OR TAXES PAID TO THE CITY UNDER OTHER LAWS AND ORDINANCES. Mayor Clise explained the ordinance. After discussion, Ms Franz read the ordinance 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 McCulloch and passed unanimously by voice vote. Ms Franz again read the ordinance by title. Councilmember McCulloch made a motion that the Council adopt Ordinance No 2334 which was seconded by Councilmember Camfield. The motion passed by a split roll call vote with Councilmembers Camfield, McCulloch and Wolpin voting in the affirmative and Councilmembers Jones, Owsley and Sokol voting against the motion and Mayor Clise braking the tie by voting in the affirmative. NOTE: this ordinance did not pass because the vote has to be voted by four Councilmembers in the affirmative - this will have to be revoted at the next meeting. MAYOR'S REPORT Personal Financial Affairs Statement. Mayor Clise reported that on their desks tonight, the Councilmembers received their Personal Financial Affairs Statement which must be filled out by April 15,1993, with a copy to be sent to Jefferson County Auditors' Office. COMMITTEE REPORTS/STAFF REPORTS Police/Fire/Animal Control. Councilmember Sokol set a meeting of the Committee for January 6, 1993, at 5:00 PM to start discussion with the Police Chief regarding staffing. Nancy Graham Letter. A discussion of the policy to split the water bill when there is a leak ensued. It was the consensus of the Council to defer action on this until the next meeting when the Public Works Director can be present. Invitations to Councilmembers. A discussion of invitations to Councilmembers for functions taking place between Councilmeetings ensued. It was the consensus of the Council that dated material be opened and Councilmembers notified. Christmas Trees. Mr Brackett announced a program with superior Refuse to collect Christmas Trees for use at the Biosolids Waste site in composting. A brief discussion of changes at the Jefferson County Landfill after January 1, 1993, ensued. Collinwood Farms. A brief discussion of the complaint about Collinwood Farms ensued. It was the consensus of the Council that Mr Hildt and Mr McLerran address this. NEW BUSINESS Adoption of County-Wide Planning Policy. RESOLUTION NO 92-112 JEFFERSON COUNTY/CITY OF PORT TOWNSEND, STATE OF WASHINGTON, ADOPTION OF COUNTY-WIDE PLANNING POLICY. Mr Hildt explained the resolution. After a brief discussion, Councilmember McCulloch made a motion that the Council adopt I I I I I I MINUTES OF THE REGULAR SESSION OF DECEMBER 21, 1992, Cont. Resolution No 92-112 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Bid Award for Petroleum Products. RESOLUTION NO 92-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT AWARDING THE BID FOR PETROLEUM PRODUCTS FOR 1993 TO PACIFIC OIL PRODUCTS. Councilmember Owsley did not take part in any discussion or vote on this resolution. Mr Brackett explained the bid received. Councilmember McCulloch made a motion that the Council adopt Resolution No 92-113 which was seconded by Councilmember Jones and passed unanimously by voice vote. Resolution on Construction of Water Ouality Improvements. RESOLUTION NO 92-114 A RESOLUTION OF THE CITY COUNCIL OF PORT TOWNSEND DECLARING ITS INTENT TO ISSUE TAX- EXEMPT BONDS TO FINANCE CONSTRUCTION OF WATER QUALITY IMPROVEMENTS. Mayor Clise explained the resolution. Councilmember Jones made a motion that the Council adopt Resolution No 92-114 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Resolution on 1993 GO Bond Projects. RESOLUTION NO 92-115 A RESOLUTION OF THE CITY COUNCIL OF PORT TOWNSEND DECLARING ITS INTENT TO ISSUE TAX- EXEMPT BONDS TO FINANCE CERTAIN GENERAL GOVERNMENT EXPENSES. Mayor Clise explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 92-115 INhich was seconded by Councilmember Jones and passed unanimously by voice vote. COUNCILMEMBERS GENERAL DISCUSSION Bow and Arrow Hunting. Councilmember Jones noted a phone call from a citizen regarding a deer being shot by a bow and arrow during the season. It was the consensus of the Council that the City Attorney prepare an ordinance prohibiting this. Late Utility Payment Penalty. After a brief discussion, i"t was the consensus of the Council that the Clerk-Treasurer be authorized to waive the late penalty under certain circums"tances by his discretion. 159 160 MINUTES OF THE REGULAR SESSION OF DECEMBER 21,1992, Cont. ADJOURNMENT There being no further business, Cou motion to adjourn which was second 12:16 PM. Jones made a by voice vote at Attest: ,. MINUTES OF THE REGULAR SESSION OF JANUARY 4,1993 The City Council of the City of Port Townsend met in regular session this Fourth day of January 1993, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean Camfield, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Councilmember Vern Jones was excused. -Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Police Chief Jim Newt:on, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. PUBLIC COMMENTS Doug Simpson was recognized and questioned what can be done about the vandalism to the Public Restroom and suggested that a Police Car be parked right in front of them. Mr Simpson stated his concerns for the work of the Economic Development Council and stated that he believes the City should support the Council. Ray Grier, speaking as a responsible archer, was recognized and stated his concerns for the proposed Bow and Arrow Ordinance. Byron swigart, puget Power, was recognized and spoke in opposition to the increase proposed in the Electrical Utility Tax Ordinance later on the agenda. After discussion by Council, it was the consensus of the Council to set a Public Hearing on Acquaculture on February 1, 1993. CONSENT AGENDA Councilmember owsley made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Sokol and passed unanimously by voice vote. Approval of the following Bills and Claims: Current Expense Street Library Park Hotel/Motel Emergency Medical Services Capital Improvement $ 43,980.39 284.12 2,348.73 6,021.43 4,716.50 789.34 4,927.61 I I I