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HomeMy WebLinkAbout08/02/1993 350 MINUTES OF THE REGULAR SESSION OF JULY 19, 1993, Cont. ORDINANCE NO 2369 AN ORDINANCE FOR THE CITY OF PORT TOWNSEND CREATING A COMMUNITY ORIENTED POLICING ADVISORY BOARD, PROVIDING FOR THE MEMBERSHIP AND DUTIES OF THE BOARD, AND CREATING A NEW CHAPTER 2. 38 OF THE PORT TOWNSEND MUNICIPAL CODE. Councilmember Sokol and Chief Newton explained the ordinance. After discussion, Mr Grove read the ordinance by title. Council- member Sokol made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr Grove again read the ordinance by title. Counci lmember Jones made a motion that the Council adopt Ordinance No 2369 which was sl~conded by Councilmember Sokol and passed unanimously by roll call vote. COUNCILMEMBERS GENERAL DISCUSSION A brief discussion of Council participation in the Key ci 1:y News ensued. Councilmember Wolpin reported that a video of the "How Thin9s Work in Your City Government" Informational Meeting on June 30, 1993, is being put together that will be available to the public and will be shown on Cable TV from July 21 to July 29, 1993, at 7: 00 P]>I. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss pending litigation and a real estate purchase including Dennis McLerran, David Grove, Michael Hildt, Dave Robison, Randy Brackett and Doug Mason, Public Works Consultant at 11:02 PM. The lneeting was reconvened at 11:55 PM. ADJOURNMENT There being no further adjourned at 11:55 PM. . Mayor Attest: b4~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993 The City Council of the City of Port Townsend met in regular session this Second day of August, 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, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy Wolpin. Also present were Deputy City Treasurer Vera Franz, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt, Planner Darlene Bloomfield, Planner Dave Robison and City Engineer Randy Brackett. " I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2,1993, Cont. INTRODUCTION OF SPECIAL GUEST Byron Ruby introduced Suh Heung Suk from Jeon-Puk Province in South Korea. CONSENT AGENDA Councilmember Jones made a motion to approve the following i"tems on the Consent Agenda which was seconded by Councilmember Westerman and passed unanimously by voice vote. Approval of the Minutes for July 6, reading. 1993, as written \l7ithout Approval of the following Bills and Claims: Current Expense Street Library Park Emergency Medical Services Capital Improvement Wastewater Treatment Facility 93 Water Quality Improvements 93 GO Bond Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 66,131. 42 2,600.06 4,693.12 2,258.02 4,723.82 2,121.54 20,188.19 360.00 1,205.60 25,996.21 8,923.65 2,825.71 259.39 $ 142,286.73 Const Setting Hearings: Schwilke/Murray Rezone for September 7, 1993 Garbage Rate Increase for September 7, 1993 Ramey Conditional Use Permit for September 7, 1993 Adoption of Resolutions: To Authorize the Mayor to Advertise for Bids for Wetland Plants and Planting at the Biosolids Composting Facility. RESOLUTION NO 93-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO ADVERTISE THE BID FOR SUPPLYING WETLAND PLANTS AND PLANTING OF THE CONSTRUCTED WETLANDS AT THE BIOSOLIDS COMPOSTING FACILITY. To Authorize the Mayor to Advertise for Bids for Renovation of the Marine Park Building. RESOLUTION NO 93-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO ADVERTISE THE BID FOR THE RENOVATION OF THE POPE MARINE BUILDING THROUGH COUNCILMANIC BONDS. To Authorize Write-off of Uncollectible utility Charges from Lido Enterfrises. 351 352 MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont. RESOLUTION NO 93-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE WRITE-OFF OF UNCOLLECTIBLE UTILITY CHARGES FROM LIDO ENTERPRISES. Communications: A letter dated July 14, 1993, from Marcia Macomber Millman to register her opposition to the proposed Kur-Ort Project in downtown Port Townsend was copied for Council. A letter dated July 14, 1993, from Marcia Macomber Millman to Fulton Gale III and W Henry Stark stating that from her standpoint, their project is not welcome here and suggested that they locate elsewhere was copied for Council. A letter dated July 14, 1993, from Dennis Fenton and six others who are an independent committee of local citizens who are concerned about the plight of the homeless of the city of Port townsend and of East Jefferson County was copied for Council. A letter dated July 15, 1993, from Richard Wojt, Chairman, Jefferson County Board of County Commissioners stating that they have agreed to match the City, dollar for Dollar, up to $2,500.00 for funding for the Rhododendron Festival float was copied for Council and referred to the Finance Committee. A letter dated July 16,1993, from Evan Millman opposing the Kur- Ort project and requesting that Councilmembers attend the July 22nd informational meeting at the Community Center was copied for Council. A letter dated July 19, 1993, from James Holland, Senior Planner, Jefferson County Planning and Building Department, reporting that the latest amendment to the Growth Management Act requires the County to adopt development regulations designating interim urban growth areas on or before October 1,1993, was copied for Council and referred to the Legislative/Environmental Committee. A letter dated July 19, 1993, from Larry Mulvey, President, Port Townsend Chamber of Commerce stating their support for the funding of the Rhododendron Festival Committee as proposed by the Jefferson County Commissioners for $2,500 contributions from the City and the County was copied for Council and referred to the Finance Committee. A letter dated July 20,1993, from Jeanne McHenry stating that she had spent a day sightseeing and shopping in Port Townsend and enjoyed the town except for a parking ticket and suggested 5 or 6 hour parking meters for .25/per hour was copied for Council. A letter dated July 22, 1993, from Jo Fritz complimenting councilmembers a all those who took part in the very informative June 30, 1993, informational public meeting which was taped and shown on Cable TV. A letter dated July 22, 1993, from Ellen J Poitevin submitting her application for a position on the Police Advisory Committee was copied for Council. A letter dated July 23, 1993, from Renee Talley, Administrative Assistant, Jefferson County Department of Public Works, reporting a Jefferson County Solid Waste Fee increase and enclosing a copy of the ordinance was copied to Council and referred to the Finance Committee. I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont:. A letter dated July 28, 1993, from Dyrk W Lansdonto Dennis McLerran, City Attorney, regarding a situation invol ving the Public Works Department was copied to Council and referred to the Mayor. This concludes the Consent Agenda. PUBLIC HEARINGS Gateway Development Plan. Mr Hildt introduced the Gateway Development Plan and reviewed the process to this point since the Chamber of Commerce requested that the City develop and consider a plan for the future redevelopment of the Sims Way /SR20 corridor coming in and out of Port Townsend in 1987. Mr Robison explained features and issues of the plan and what would happen if the City did nothing. The three goals of the Gateway Plan are: Traffic Safety, Economic Vitality and How Do We Make the Gateway Corridor a Nice Entrance to the Historic Downtown. Mayor Clise opened the hearing to the Public. Phil Speser was recognized and spoke in favor of the Plan giving examples of misconceptions and gave his reasons for supporting the plan: 1) vision, planning, and implementation 2) the beauty of the area, and 3) safety. Matt Capriotti was recognized, explained the history of his building, and stated that his parking and most of the access to his building would be lost and the value of his property would be affected adversely. Mr Capriotti stated that he cannot support Gateway as it presently is. Grant Allen was recognized and stated that changes and gro~lth are inevitable and that the Plan is necessary to make the corridor safer, more efficient and solve problems that are present now. Mr Allen urged Council to adopt the plan. Bryon Ruby was recognized and stated that he is opposed to Gateway as h~ believes it will be another added cost to the taxpayers of the City of Port Townsend. Greg Bennett was recognized and spoke in support of the Plan primarily because of safety concerns and supporting business, shopping and services strength to local residents. John McGinn, owner of John's Auto Supply, was recognized and stated that he approves of the concept of the plan but is opposed to the plan because it is too detrimental to his business as it. would eliminate his parking. Mr McGinn would like his parking sit:uation put in abeyance until he is forced to do something, is in favor of a turning lane and a few more traffic lights which he beÜieves would be cheaper. Ernest Callahan was recognized and spoke against the Gateway Plan because he believes it does not take in the real issue of all the property owners along Sims Way. Mr Callahan does not think they should be forced into something they are not in favor of. Bob Giesler, Co-Chair of the Transportation Committee of the Chamber of Commerce, was recognized and stated that as the Board of Directors, they support the concept of the Gateway Plan as proposed and urged Council to work with the individual business and property owners to assure that there are no undue hardships for anyone person. Marietta Wilhelm was recognized and stated that the Gateway project should be completed today and that discussions should be started to extend it through downtown Port Townsend. Ms Wilhelm statE~d that the Plan does not address parking and would like to see more Park and Ride and Transit stops for the use of mass transit; would like 353 354 MINUTES OF THE REGULAR SESSION OF AUGUST 2,1993, Cont. to see a toll booth as you enter town;~ Water street one-way in and Washington Street one-way out. Dale Bonar was recognized and stated that he is very happy to see a light at Haines Street on the priority list, and stated that the Gateway Plan is a marvelous way to deal with access, congestion and signage. Mr Bonar stated that we are paying for things that were not planned for twenty years ago and that if we do nothing, our children will have to pay even more. Bonnie Sherrill was recognized and stated that she is for the Gateway Project and against it at the same time. Ms Sherrill described problems she sees with businesses sharing entrances from the highway when the property is so narrow with Fourth Street being right behind them. Ms Sherrill stated that the plan will work as long as each property is taken separately. Jeff Hamm, Manager of Jefferson Transit and Chairman of the Regional Transportation Planning organization's Technical Advisory Committee, was recognized and spoke in favor of the Gateway Plan and Design Guideline and urged approval. Mr HamIn stated that the Plan will improve the congestion on Sims Way, and will improve the environment for bicyclists and pedestrians in the corridor. Mr Hamm also stated that he believes the plan will lay the foundation for a more healthy commercial district and feels that Port Townsend merits the tax dollars it has paid to be returned to the community. Dana Roberts was recognized and spoke in favor of the plan stating that the plan will work to solidify the special character of the town by distinguishing it from generic roadtown or blacktop neon city USA. Mr Roberts stated that he does not agree with the idea of the visitor Center being on 12th Street with access from Haines; and feels that parking on the State right-of-way will be coming to an end whether Gateway is adopted or not. Ruth Short was recognized and stated that she is for the "Little Guy" and that if we start putting parking areas with beautification in front of it and the taxpayer has to pay for it, that "Little Man" cannot stay in business. Earl Fisher was recognized and stated that he is for the Gateway Plan but not this year or any other year because he believes the state and government cannot afford it. Lee Wilburn, Vantage Properties, was recognized and requested Council to direct staff to include the Planning Commission recommendation on payback agreements. Jim Ramey, Penney Saver Market, was recognized and stated that he is not for or against Gateway but has some questions on how the Plan will work, the cost, the triggering mechanism, and can see how the plan and city are protected but not the property and business owners. Nina Erisman was recognized and stated that the money situation is vague, uncertain and that this is a bad time because of the economy. Ms Erisman feels that the turn lane and traffic lights are the only things needed for safety and the town looks good the way it is. Del Graham was recognized and requested that the Gateway Plan be put on the November ballot and questioned who would take care of all the trees. Mr Graham also stated that bicyclist do not pay any gas tax, are not licensed and pay no taxes and then questioned why are we spending,all this money for bicycles and why the bicyclists do not pay for it. Peter Badame was recognized and urged Council to adopt the Gateway Plan and then stated his concerns: the city should have the I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Con't. mechanism to plan and fund necessary improvements, vehicle 'traffic growth is apparent and must be dealt with. The Plan addresses traffic safety, congestion and economic vitality, is reasonable and progressive, is incremental and multi-jurisdictional, has been a positive planning experience for years with many citizens participating, and gives local control. Marsha Eades was recognized and stated that something needs to be done for traffic control quickly. John McGinn was recognized and reported that he had been called by Tom Beavers, who is presently in North carolina, and asked that a letter that he sent by fax in lieu of oral testimony be read at this hearing. Mayor Clise responded that the letter will be read into the record if requested by Council. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. It was the consensus of Council that the following three letters be read .into the record. Ms Franz read a letter dated August 1, 1993, from Tom and Ellen Beavers formally objecting to the passage and implementation of the Port Townsend Gateway Legislation because of the unfair burden it places on a small minority (the property and business owners along the route) of population for the benefit of the entire city of Port Townsend. The costs and burdens should be equally distribu1:ed and there should be direct communication of this fact to the property owners being affected. Ms Franz read a letter dated July 26,1993, from Barbara J Ritchie, Environmental Review Section, Washington State Departmønt of Ecology, commending the City for its careful blending of functional, safety, environmental and aesthetic values in creating the Gateway Development Plan and making recommendations: the city should assure continued consistency of the Gateway Development Plan with the Urban Waterfront Special District and the city of Port Townsend/Jefferson County shoreline master programs as plan implementation occurs, parking along marine shoreline areas of the corridor should be kept to a minimum, the City should carefully evaluate potential impacts due to increased impervious surface and run-off in the shoreline, and improving and maintaining public access to the shoreline should be given continued priority. Ms Franz read a private wire dated July 30,1993, from Russ Hoover, Edward D Jones & Company in favor of the Gateway project and stating that he is considering moving his business from its current uptown location to the Gateway. After explanation of notification requirements by Mr McLerran, Mr Robison explained his telephone conversation with Mr Beavers this afternoon. After a lengthy discussion of payback agreement:s, LID formation and the inclusion of residential property, traffic~ light costs and installation, the cost of doing or not doing t:hings, traffic safety impacts, economic benefits to the community as well as the business community, incremental timing, flexibility in the plan, it would not be any easier if the State was doing it for us and putting in a five lane highway, Councilmember Wolpin made a motion that the Council adopt the Gateway Plan as recommended which was seconded by Councilmember McCulloch and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Jones voting against the motion. RECESS Mayor Clise declared a recess at 9:21 PM. at 9:25 PM. The meeting reconvened 355 356 MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont. Street Vacation Application 9212-03 -Eades. Councilmembers Camfield and Westerman stated that they have hired Hope Roofing which is a business owned by the Eades' but does not feel it would impair their judgement in this case and offered to abstain. There being no objections, they remained. Councilmember Wolpin stated that she lives within the area of this street vacation and offered to abstain. There being no objections, she remained. Ms Bloomfield reviewed the findings and conclusions of the Staff Report recommending denial as well as a report recommending approval. Mayor Clise opened the hearing to the Public. Jim Eades was recognized and spoke in favor of the application and explained how the error occurred and the probable development of the area. Rima Phillips, adjacent property owner, was recognized and noted the trees in the alleyway, questioned the placement of the utility easement, and stated that the applicant will not be purchasing any of her property and wants only to vacate the alley and that she is in favor of the vacation of the alley because if the present garage is moved, it would be a greater impact to her home. A brief discussion of the property lines after the variance and the utility easement with Ms Phillips, Ms Bloomfield and Mr Brackett ensued. Marsha Eades was recognized and questioned the vacation and ease- ment procedure. Ms Bloomfield and Mr McLerran explained the ease- ment arrangements. Ms Eades questioned the boundary lines between the lots. Ms Bloomfield explained that the line between lots 9 and 10 would probably be the one to be vacated. There being no further testimony, Mayor Clise closed the hearing to the Public and turned to Council for disposition. After a lengthy discussion of the owners of the abutting property, other possible vacations, utility routes, requirement of a survey for building permits, whether the whole alley should be vacated, emergency access, other options that could be considered, the work left to be done on the garage, this action setting a precedent including Mr Hildt, Mr Brackett, Mr McLerran and Mr Eades, Councilmember Sokol made a motion to continue this until October 4, 1993, which was seconded by Councilmember Jones and passed unanimously by voice vote. UNFINISHED BUSINESS G2B Appeal Findings and Conclusions. Mr McLerran explained the changes to be made to the Findings of Fact and Conclusions of the City Council in The Administrative Appeal of G2B Partnership and explained them. After discussion including Mr McLerran, Council- member Wolpin made a motion that the Council accept the Findings and Conclusions of the G2B Hearing on July 6, 1993, which was seconded by Councilmember Owsley and passed by voice vote with six Councilmembers voting in the affirmative and Councilmember Sokol voting against the motion. Port Townsend Business Park PUDA. Ms Bloomfield explained the Port Townsend Business Planned Unit Development Agreement (PUDA). Lee Wilburn, President, Vantage Properties was recognized and stated that they approve the PUDA. Councilmember Westerman made a motion that the Council approve the following agreement and authorize the Mayor to sign the PUDA which was seconded by Councilmember Sokol and passed unanimously by voice vote. PORT TOWNSEND BUSINESS PARK PLANNED UNIT DEVELOPMENT THIS AGREEMENT is made and entered into by and between the City of Port Townsend, a municipal corporation, hereinafter referred to as "City", and the Port Townsend Business Park, L.P. and its successors and assigns, hereinafter referred to as "Developer". WITNESSETH WHEREAS, the Developer owns certain real property situated in the City of Port Townsend, Jefferson County, Washington, ... I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Con't. described as Government Lot #2; Jefferson County Tax Number 001094001; Section 9, Township 30 North, Range 1 West, W.M., of the City of Port Townsend, Jefferson County, Washington; and WHEREAS, the Developer has petitioned the city in accordance with Chapter 17.40 of the Port Townsend Municipal Code for approval to develop that property described above as a Planned Unit Development and the Developer's site plan is Exhibit. "A", and WHEREAS, the City has reviewed the petition of the DevelopE~r and has determined that the proposed Planned Unit DevelopmE~nt conforms with the general purpose and specific criteria of Chapter 17.40 of the Port Townsend Municipal Code, and WHEREAS, certain conditions are necessary and proper to assure development of the Planned unit Development in compliance with accepted principles of land use planning and, the requirements of Chapter 17.40, and to mitigate potential adverse impacts under the State Environmental Policy Act (SEPA), and WHEREAS, the Developer, as a free and voluntary act has agreed to the conditions proposed by the city and both par1:ies wish to memorialize their agreement through this document, and WHEREAS, the Port Townsend City Council acting as the Responsible Official issued a Mitigated Determination of N()n- significance for the proposed Planned Unit Development on May 17, 1993, and WHEREAS, the Port Townsend Planning Commission recommended approval of the proposed Planned Unit Development petition to the Port Townsend City Council on May 27,1993 and WHEREAS, the Port Townsend City Council approved the proposed Planned Unit Development petition on June 21, 1993, and WHEREAS, the Planned unit Development is subject to a set of Covenants Conditions and Restrictions (the CC&Rs) which est:ablish both an Association of Owners of Port Townsend Business Park (the "Association") and an Architectural Committee (the "Committ:ee") to carry out the responsibilities identified in the CC&Rs; and NOW, THEREFORE, in consideration of the mutual promises in this Agreement, it is agreed as follows: PROJECT 1. The Developer's petition is approved and the property described above may be developed in accordance with the site plans as Exhibits "1 - 33". The site plans have been approved in accordance with Chapter 17.40 of the Port Townsend Municipal Code and may be modified only as allowed by Section 17.40.050 (4) of that Chapter. Minor variat:ions which may be required due to topographic or other conditions later discovered and which allow better construction Rlethods than would be possible through strict adherence to thE! site plan and which are specifically approved by the Planning and Building Director (hereinafter "the Director") may be allowed. Pursuant to section 17.40.050(4) of the Port: Townsend Municipal Code, any substantial change or addition to the plans or use shall first be submitted to the Planning Commission, and, if in the opinion of the Planning Commission, such changes constitute a substantial alteÅ“ation of the original plan, a public hearing shall be required before such changes may be approved. 2. All uses, except residential uses, which are consistent with the standards imposed by this Agreement and which are permitted either conditionally or unconditionally in PTMC 357 358 6. 7. MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont. zoning districts C-II, C-III, or M-I are permitted on the subject property. 3. The Business Park shall be occupied primarily by industrial uses. No more than 20% of the total gross building floor area of the Business Park shall be occupied by either office or retail uses. However, this limitation shall not apply to floor area occupied by accessory offices to industrial uses which occupy no more than 20% of the floor area of any building, or by retail sale of goods manufactured on the premises. 4. The PUD is approved to accommodate a gross building floor area of 267,000 square feet, which gross building floor area is allocated to each of the four Phases of the Business Park, as specified in the table labeled "PUDA Exhibit 17." The Developer may divide the gross building floor area allocated to each Phase among the lots in that Phase in any manner at its option, provided that no lot shall have a gross building floor area of less than 1,500 square feet. Further, if the Developer does not utilize for any Phase the amount of gross building floor area specified in "PUDA Exhibit 17" for that Phase, the remaining balance of square footage for that Phase may be allocated at the Developer's option to another Phase in the Business Park, provided all other requirements of this PUDA have been met for the Phase that will utilize the surplus square footage. Sounds which are objectionable due to intermittence, frequency, shrillness, or loudness are examples of types of noises which are prohibited by the Developer; PROVIDED, HOWEVER, that noise reasonably emitted during construction is allowed, and PROVIDED FURTHER, that sounds emitted by security devices may not be deemed to be in violation of this standard. Noise levels shall not exceed 40 decibels, measured at the boundary line of the business park, between the hours of eleven-thirty PM and six AM, and 60 decibels during other hours. The Developer shall respond to noise nuisance complaints, including securing use of a decibel meter where deemed appropriate to determine whether a violation of these decibel requirements has occurred. The Developer shall submit a noise incident report to the City identifying the complainant, the nature of the complaint and the steps taken to address the complaint, including the results of any decibel meter reading if conducted. Any violations of these decibel levels shall be corrected within 5 days of the detected violation. 5. No sign shall be erected prior to receiving a sign permit from the City of Port Townsend in conformance with the Port Townsend Sign Code (PTMC Chapter 17.50) as it applies to the M-I zone. In addition, signage is limited to the following types, as defined in PTMC Chapter 17.50: wall signs; monument signs; and multiple business complex signs. Combinations of the foregoing sign types are permitted, subject to the total sign area specifications and limitations of the Sign Code or as hereafter amended. Incidental, informational, temporary, grand opening, and real estate types of signage, as defined in PTMC Chapter 17.50, are permitted; all other types of signage, including sandwich boards, reader boards, streamers, pole signs, flashing signs, marquee signs, projecting signs, and portable signs, are prohibited. Only indirect lighting is permitted for signage. Each business established shall supply the number of off- street parking spaces required in Chapter 17.30 of the PTMC. I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Coni:. Curb-cuts may exceed the maximum width allowed in the PTMC in general conformance with the Parking and Circulation Plan. 8. DEVELOPER IMPROVEMENTS 9. 10. 11. 12. 13. The Developer shall construct the on-site and off-sitE~ sewer and water system improvements in conformity with the phased water and sewer plans dated 4/6/93 (See Exhibits "4 - 7"). These improvements shall be conveyed to, and accepted by the City. The Developer may propose minor variations which may be required due to topographic or other conditions lat:er discovered and which allow better construction methods than would be possible through strict adherence to the phased development scheme. Any variations from the approved plan shall be approved by the Public Works Director and confirmed by the Planning Director. All utility installations required herein shall be in accordance with City established standards and at Developer's expense. The Developer has entered into a Voluntary Mitigation Agreement with the City as full mitigation for all existing water pressure system deficiencies. The Developer shall construct the on-site and off-sitE! street and circulation improvements in conformity with the phased development scheme shown in Exhibits "12 - 16". The Developer may propose minor variations which may be rE!quired due to topographic or other conditions later discoverE!d and which allow better construction methods than would be possible through strict adherence to the site plan. }~ny variations from the approved plans shall be specifically approved by the Planning Director. The Developer has reached agreement with abutting property owner North Sound Bank to share in improvements at thE! intersection of Cliff street and SR20/Sims Way. TheSE! improvements include installation of left-turn lanes for both westbound and eastbound traffic on SR20/Sims Way, illumination of the intersection (including four streE!t lights along Cliff), and the development of Cliff StrE!et to the subject sites. In the event that North Sound Bank does not install the left turn lanes, the applicant shall complete such installation at Developer's expense. All Cliff street improvements shall be made prior to the final inspection and occupancy of any buildings on-site. Howard Street shall be used as the construction entrance to the site, and shall be designated as the primary "truck entrance" to the Business Park. Intersection improvements shall be installed at Howard Street and SR20/Sims Way, at Developer's expense, prior to construction of more than 50,000 square feet of gross building floor area. At the Developer's request, the City may consider, in conjunction with the Washington State Department of Transportation, the possibility of a latecomer's agreement to reimburse the Developer for êl portion of the cost of improvements to SR 20/Sims Way. Improvements shall include the installation of a left-'hand turn lane for eastbound traffic turning onto Howard Street, the installation of an acceleration lane easterly on SR20/Sims Way from Howard Street and Howard Street intersection landscaping consistent with Gateway and Department of Transportation Landscaping Guidelines. Specific design and construction drawings shall be submitted for approval of the WSDOT and the Director prior to issuance of any construction permits for road improvements. No 359 360 14. 15. 16. 17. 18. MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont. construction permits for development beyond the initial fifty thousand square feet of building area shall be issued until installation of the intersection improvements is completed or security acceptable to the Director insuring construction is provided to the City. A sign reading "Business Park Truck Entrance" shall be installed at the Developers expense at Howard Street and SR20/Sims Way after the paving of Howard Street. Such sign shall be erected by WSDOT or the City of Port Townsend and shall meet the specifications of the Manual of Uniform Traffic Control Devices. The Developer shall install Puget Power Acorn Illumination Standards to provide intersection illumination as shown on the Phased Street Lights and Trails Plan. Prior to issuance of any building permits in Phase C, the Developer shall submit a supplemental traffic impact assessment which re-evaluates traffic generation based on the actual occupancy of Phases A and B, and projects traffic impacts to full build-out of the Business Park. This assessment shall also evaluate the present and projected warrants for one or more traffic signals, extension of Howard to Discovery Road, and any other improvements which are warranted by the evaluation. The Developer agrees to pay fair-share contributions to warranted traffic improvements made within five years of issuance of the first building permit in Phase C of the Business Park based on the proportionate share of traffic generated by the Business Park which necessitates each such improvement. Generally accepted methods will be used in determining the actual value of the Developer's contribution. This assessment shall be completed to the satisfaction of the Director and an agreement shall be reached regarding the additional contributions required of Developer prior to issuance of any construction permits for Phase C development. If it is necessary for the Developer to make additional contributions to the City, and the City has not completed the associated traffic improvements within five years of that contribution, the City shall immediately refund the Traffic Mitigation Contribution with interest at the rate applied to judgments to the Developer of the property at the time of the refund. A Transportation Management Plan shall be developed in conjunction with Jefferson County Transit prior to the initiation of Phase C of the development, and shall be included as part of the revised Transportation Improvement Assessment. The transportation management plan shall include such considerations as promotions, transit pass sales and subsidies, ride-matching and vanpool information, emergency ride home programs, and other alternatives to single-occupancy vehicle travel. In addition to Howard Street landscaping improvements referenced in paragraph 13 above, the Developer shall provide entryway landscaping at both the Cliff and Howard Street entrances to the park prior to issuance of a building permit in Phase B (See Exhibit "20" for approximate location). Landscaping for each entrance shall be provided to the following minimum standard: Six (6) trees (deciduous trees shall be a minimum of 1 1/4" to 1 1/2" caliper and/or evergreens shall be minimum of 6' to 8' in height); ten (10) shrubs (minimum size 18" to 21"); and border plants and ground cover of suitable size and number to fill in border areas when plants reach maturity. Landscaping shall be drought-tolerant native species. The purpose of the entry landscape is to provide streetscape beautification. Developer shall be responsible for the on-going maintenance I I I I I I 19. 20. 21. 22. 23. MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Con"t. of the landscape area and shall insure that all dead and damaged plants are replaced. The Developer shall provide street trees along the Cliff Street Entry and along the borders of the Enfield Green Park prior to the initiation of Phase C. Street trees shall be installed in locations generally conforming with the Illustrative Site Plan, Exhibit "1". Final placement of street trees may be subject to topographic constraints, and shall be individually located by a registered Landscape Architect. Street trees must be selected to reach a mature average height of no less than fifteen (15) feet within five (5) years of planting. Landscaping shall be provided to the following minimum standard: thirty-two (32) trees (deciduous trees shall be a minimum of 1 1/4" to 1 1/:2" caliper and/or evergreens shall be minimum of 6' to 8' in height). Street trees shall be of a drought-tolerant native species. The Developer shall install a landscaped buffer in the easterly 30 foot-wide buffer area and the westerly 20--foot setback/landscape area prior to initiation of Phase B. Buffer areas shall be constructed in conformance with the buffer planting specifications in Exhibit "24". Areas located within the existing Puget Power easement shall conform with the provisions of the Puget Power Tree Book. The purpose of landscape buffers and planting is to provide visual relief for adjacent residential properties. After building permits have been issued for at least 20,000 square feet of gross building floor area, prior to issuance of any further building permits, but no later than two years from the date of this agreement, the Developer shall install park landscaping. Landscaping shall be installed in locations generally conforming with the Illustrative Site Plan, Exhibit "3". Final placement of landscaping may be subject to topographic constraints, and shall be located on- site by a registered Landscape Architect. Landscapinq shall be provided to the following minimum standard: seeded lawn (20% hector creeping fescue; 80% scaldi's or waldina hard fescue); and native grass and understory seed mix to be broadcast throughout designated planting buffer areas. After building permits have been issued for at least 20,000 square feet of gross building floor area, prior to issuance of any further building permits, but no later than two years from the date of this agreement, the Developer shall provide park furniture. Park furniture shall be installed in locations generally conforming with the Illustrative Site Plan, Exhibit "3". Final placement of park furniture may be subject to topographic constraints, and shall be located on- site by a registered Landscape Architect. Park furniture shall be provided to the following minimum standard: six (6) picnic tables; three (3) trash receptacles; two (2) barbecue grills; appropriate signage indicating park rules and permitted hours of operation; and ten (10) log benches. After building permits have been issued for at least 50,000 square feet of gross building floor area, prior to issuance of any further building permits, the Developer shall construct the basketball court. The basketball court shall be constructed to the following minimum standard: an B4-foot by 50-foot surfaced play area containing two pole-mounted baskets and backboards. Basket height shall be 10-feet from the playing surface. Backboard construction shall be as typical for a recreational application. The court shall be surfaced with asphaltic concrete to a minimum 2-inch depth. The basketball court, including the backboard, striping, and 361 362 24. 25. 26. 27. 28. MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont. surfacing, shall be maintained in good playing condition by the Port Townsend Business Park Owners Association. After building permits have been issued for at least 20,000 square feet of gross building floor area, prior to issuance of any further building permits, the Developer shall construct a recycling facility consistent with the Recycling Plan as Exhibit "27". The center shall be a fenced enclosure containing collection facilities for aluminum cans, clear glass, and newspaper. The recycling center will continue in operation provided that outlets for transfer of recyclables remain available in the immediate area. Any requests to discontinue the recycling program shall be made in writing to the Planning Director. Developer shall construct on and off-site trail improvements in conformity with Exhibit "2". The Enfield Green Park trails and northerly extension along Lots 32 and 33 will be developed prior to issuance of any building permits in Phase A. The Puget Power Easement Trail and the trail located to the north of Lots 33, 35, 36 and 37 will be developed prior to issuance of any building permits in Phase B and Phase D respectively. Trails along the primary access roads and entry roads will be developed at the time of road construction. After building permits have been issued for at least 50,000 square feet of gross building floor area, prior to issuance of any further building permits, but no later than three years from the date of issuance of the initial clearing and grading permit, the Developer shall have constructed all trails. The Developer may propose minor variations which may be required due to topographic or other conditions later discovered and which allow better construction methods than would be possible through strict adherence to the site plan. Trails shall be constructed of Mats Mats quarry fines and shall be a minimum of five feet in width. Except trails located along the primary access road will be constructed to a four-foot width. The Cliff Street trail will be developed to a six-foot width and the Howard Street trail will be constructed to a five-foot width. Minor variations which are specifically approved by the Director may be allowed. The Developer shall install 18 fire hydrants consistent with the indicated phasing as illustrated on the "Water, Sewer Plan, Exhibits "4 - 7". The Developer shall submit a final stormwater drainage plan for approval by the City Engineer prior to grading and clearing or building permit approval. The stormwater drainage plan shall be substantially based on the preliminary plan submitted by CH2M-Hill dated January, 1993, which was supported by the 1992 Department of Ecology Technical Manual of Stormwater Management for Puget Sound. Prior to issuance of a clearing and grading permit the Developer shall submit, for approval by the Public Works Director, a revised phasing plan for temporary erosion measures. The revised phasing plan for temporary erosion measures shall be based on standards contained within the 1992 Department of Ecology Technical Manual of Stormwater Management for Puget Sound. 29. DEVELOPMENT STANDARDS Developer shall establish an Architectural Review Committee through the business park CC&Rs. That committee shall be responsible for enforcing the development standards found in the CC&Rs and this Agreement. For those matters requiring I I I I I I 30. 31. 32. 33. 34. 35. 36. 37. MINUTES OF THE REGULAR SESSION OF AUGUST 2,1993, Cont. the exercise of the Architectural Committee's discretion, that committee's decision shall be final. The City will not substitute its judgement for that of the Architectural Review Committee except in cases of clear error by the Architectural Review Committee. Landscaping located within the project shall be consistent with the appropriate office and primary business zones as indicated on PUDA Exhibit "22 and 23". Any variations shall be specifically permitted in writing by the Developer and confirmed by the Planning and Building Director. Upon prior written approval of the Developer, one or more lots shown on the Site Plan may be combined for a single use; a restrictive covenant agreement permanently merging such lots is required to be submitted to the City at the time of building permit submittal. If lots are combined, setbacks and secondary access road easements are thereby extinguished along the common boundaries of the combined lots, provided that adequate alternative access is available to the remaining Lot and overall traffic circulation is not impeded. Prior to commencement of any construction or site preparation, plans and specifications for all buildings, structures or exterior additions first must be submitted to the Developer for written approval of the quality of workmanship and materials, and the harmony of exterior design and size with existing structures. Approval will be based on consistency with the architectural standards developed in this Agreement and the Port Townsend Business Park CC&R's. Lot Size and Width requirements are indicated on the recorded survey attached as Exhibit "33". Maximum Height is 25 or 35 feet as shown on Exhibit "10". Minimum setbacks for each Lot are as indicated on the Minimum Building Setback table as Exhibit "18". Setba.cks will be measured from the exterior lot lines. Setback areas are inclusive of secondary roadway easements. Storage yards which abut the perimeter of the site, shall be screened with sight obscuring fencing and/or hedges to a maximum height of eight feet. The purpose of this screening shall be to provide visual relief from adjacent properties. Trees having a diameter of six (6) inches or more, four feet above the ground level, which are ten (10) feet or more from any building pad or appurtenance structures, roadway or parking facility may not be removed, unless removal is necessary to construct the improvements required herein or they constitute a danger, as determined by the Architectural Committee. Drought-tolerant native species plants are designated fo~ use on the site in the Landscaping Material Schedule as Exhibit "25". Unless otherwise approved by the Architectural Committee all plantings are required to be in general conformance with the Landscape Standards Plan; two- thirds (2/3) of all plantings will be coniferous and one- third (1/3) will be deciduous. Building location and exposure must be taken into consideration when selecting appropriate and varied plant species. Plantings are required on all facades to soften exposed blank areas and accessory structures, such as dumpster enclosures and storage areas. Plant layout is to reflect a naturalistic scheme. Existing plants may be retained or relocated to accommodate the foregoing general requirements. 363 364 41. 42. 43. 44. 45. 46. 47. 48. MINUTES OF THE REGULAR SESSION OF AUGUST 2,1993, Cont. 38. All buildings must provide landscaping in conformance with the Landscape Standards Plan as Exhibit "21-23". 39. Unless otherwise specifically permitted in writing by the Architectural Committee, aluminum, vinyl, corrugated metal, and sheet type (such as T-lll) siding is prohibited on any building or structure erected on the following Lots: 2-A; 4-A; 5-A; 6-A; 51-A; 52-A; and 55-A. 40. Unless otherwise specifically permitted in writing Architectural Committee, roofs may be no less than pitch and may only be constructed of the following materials: composition; coated metal; wood shake; shingle. by the 3:12 and wood As enforced by the architectural committee all storefronts for businesses directly serving the public, such as appliance repair shops, print shops, mini-storage offices, and other similar businesses, are required to include at lease one display window adjacent to the primary customer entrance; the window must be no less than twenty-five (25) square feet in area with a sill height no more than two (2) feet above grade. Exterior colors may be chosen only from the Port Townsend Business Park Color Palette, as adopted and enforced by the Architectural Committee. Exterior structural surfaces are required to be protected against weather, neglect, damage and abuse. Dumpsters, recycling bins and other refuse facilities are required to be screened so they are not visible from the primary circulation loop road. Primary access to all storage yards must be from secondary access roads. Setback areas from secondary access roads may not be used for storage yards. Shielding shall be used on all exterior lighting to mitigate light and glare from affecting traffic safety and neighborhood privacy. High-intensity exterior lighting (such as mercury-vapor or halogen) shall be prohibited on building walls facing off-site. On-site, low voltage lighting may be ground mounted or installed on standards no more than eight (8) feet in height. Street lighting as specified in the Phased Street Lighting Plan, Exhibit "2", shall not be required to be shielded or downward facing. The storage of substantial quantities of hazardous waste on any Lot or within any Common Area is prohibited. Storage of small quantities of hazardous materials, including but not limited to pesticides, paints, solvents, corrosive chemicals, fuels and lubricants, is permitted if such use is incidental and secondary to a primary business activity. All uses established in the Business Park shall be subject to the laws governing hazardous waste storage and disposal set forth by the state and federal governments and by the ordinances of the City of Port Townsend. The Developer shall include in the business park CC&Rs a provision that states that each individual property owner is liable for any damage to other Lots or any Common Area arising out of 1.) the use within a Lot of hazardous materials, or 2.) processes within a Lot generating hazardous materials. Pesticide and Herbicide use shall be limited as specified in the Pesticide and Herbicide Management Plan as Exhibit "26". I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Con't. 49. CONSTRUCTION REQUIREMENTS 50. 51. 52. 53. 54. 55. 56. 57. 58. Native soils shall not be used as a structural fill unless conditioned, placed, and compacted during periods of extended dry weather as specified in the Myers Biodynamic Inc. Geotechnical Evaluation dated March 10, 1993. A California Bearing Ratio (CBR) value of 20 shall be used in road section pavement design where structural fill or firm, non-yielding native soils are present. The CBR shall be specified in the application for the clearing and grading permit. Site preparation shall include removal of topsoil and proof rolling of subgrade soils prior to placing road sections or structural fill for support of structures. Engineered foundation plans or further soils studies shall be required for Lots 7 through 13. These plans or studies shall be reviewed by the Building Official prior to the issuance of any building permits for these lots. Specific recommendations of the studies, or other prudent measures to insure construction stability, may be required by the Building Official. Dirt and debris caused by construction must be swept from paved surfaces on a daily basis. Construction areas shall be watered to suppress dust. In order to reduce potential surface and ground water contamination, chemical dust suppressants shall not be used. Each building permit applicant shall agree as a condition of building permit approval to limit the spread of debris and wind-borne litter on the construction site by providing recycling and trash containers, snow fencing and/or construction dumpsters. As enforced by the Architectural Committee, the construction of all buildings and structures must be prosecuted diligently and continuously from commencement of construction until the exterior of such buildings are completed and painted or otherwise suitably finished; exterior work on any building must be completed within six (6) months of the start of construction. Vegetation removed for construction shall not be burne=d but shall instead be delivered to the City-County composting facility on Jacob Miller Road. Tree trunks and branches larger than six inches in diameter shall be saved for fire wood. Every reasonable effort shall be mad~ to dispose of stumps off-site, but as a last resort stumps may be burned on-site subject to the following conditions: a. A burn permit is obtained from the Port Townsend Fire Department. Applicant aSSUID.es responsibility for any and all smoke or fire damage which results from burning on-site. b. Construction on the site shall be limited to the hours of 7 AM to 6 PM. Monday through Friday, and prohibited on weekends and national holidays. Any exceptions made necessary by special and unusual circumstances must be approved in advance by the Building Official. Work shall be stopped if materials are discovered during excavation and the Washington State Office of Archaeology and Historical Preservation (AHP) shall be notified immediately. Work shall cease until authorized by the AHP. 365 366 59. 61. MINUTES OF THE REGULAR SESSION OF AUGUST 2,1993, Cont. Applications for a building permit shall be accompanied by an approved architectural committee worksheet as outlined in the building permit review process diagram as Exhibit "31". 60. The following special noise control measures, which shall be specified on plans submitted for building permit approval, apply within the NOISE Abatement Zone designated on the Site Plan as Exhibit "9": a. Loading doors may not front off-site; b. Exterior windows fronting off-site must be fixed (non- opening) and of double-pane construction; Exterior doors fronting off-site may not be bypass, surface, or pocket sliding doors and must be acoustically insulated and fitted with mechanical closures; Acoustical insulation is required for all roof planes and exterior walls fronting off-site; Outside activities, such as the loading and unloading of goods and materials, the operation of forklifts and tractors, or the operation of power tools, machinery and equipment are permitted only during the hours between 7 AM and 6 PM, Monday through Friday, and are prohibited on weekends. All secondary access roads must be located and constructed within the easement areas, as indicated on the Site Plan and as specified in the Road and Circulation Plan. All secondary access roads must be developed to their full 20- foot width. A portion of the secondary access roads, as specifically indicated on the road and circulation plan (See Exhibit "12 - 16"), shall be constructed by Developer. Responsibility for construction of all other secondary access roads and driveways rests with each individual Lot Owner. c. d. e. 62. PUBLIC AREAS, COMMON AREAS 63. 64. Public use of the park, trails and basketball court within the Property, as designated on the Site Plan as Exhibit "1" attached, is permitted only during daylight only unless specifically authorized by the Owners Association. No fees shall be charged for use of these designated public areas unless specifically authorized by the Port Townsend City Council. Use of the park shall be regulated by the Public Use Licensing Agreement entered into by Developer and City as Exhibit "29". The Port Townsend Business Park Owners Association of the property described above shall pay all taxes and utility charges for designated common areas as required by law. The Owners Association shall have responsibility for maintenance of all landscaping, roadways, parking facilities and other improvements within common areas shown on "Exhibit 11" excepting any water, sewer and storm drainage utilities located within an easement conveyed to the City and specifically accepted by the City. Easements and rights-of-way, as depicted in Exhibit "32", are expressly reserved by the Developer for purposes of the creation, construction, operation, maintenance and repair of utilities including but not limited to gas, water, telephone, electricity, sewers, and storm drains; the construction, operation, and maintenance of secondary access roads providing ingress to and egress from Lots; and the public, quasi-public, and private utilities or functions deemed necessary or expedient for the public health and welfare. I I I I I I 65. MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Coni:. All roads within common areas (see exhibit "32") not dedicated for public use are private roads owned by the Association. All roads and portions of roads outside of common areas not dedicated for public use are private roads owned by the Owner of the underlying Lot. MAINTENANCE 66. 67. 68. GENERAL 69. 70. The Port Townsend Business Park Owners Association agrees to maintain the private stormwater facility constructed to serve the Business Park. Maintenance shall be provided consistent with the Stormwater Maintenance Agreement, Exhibit "28". The Port Townsend Business Park Owners Association at its own expense agrees to adhere to the above-mentioned maintenance standards on a continuing basis, commencing from the date of construction of the stormwater facilities. The park, trails and basketball court are Common Areas, maintained by the Association in accordance with the following: a. Litter must be removed at least weekly from the park and from trails. Trash receptacles must be emptied weekly and damaged receptacles must be repaired or replaced within forty-five (45) days of damage. b. Foliage which hinders pedestrian passage must be pruned and walking surfaces groomed and restored no less frequently than annually. c. Lawn areas, park furniture and recreation facilities must be regularly maintained and damaged park furniture and recreational equipment must be repaired or replaced within forty-five (45) days of damage. d. All damaged posts or gates must be repaired or replaced within forty-five (45) days of damage. All signs must be replaced within sixty (60) days if stolen or damaged and, must be periodically repainted or replaced to ensure legibility. e. The Port Townsend Business Park Owners Association agrees to maintain all roads located within the property boundaries of the Business Park. This document, including all attachments, shall be recorded with the Jefferson County Auditor and the conditions set out herein shall run with the property and be binding on the Developer, heirs, successors, and assigns. The Developer may from time to time need to obtain an estoppel certificate from the City indicating whether the City agrees that the Developer is fully in compliance with all of the terms and conditions of this Property Development Agreement to facilitate sale or lease of any portion of the property or to facilitate financing of development of the property. The City shall, within 30 days from the date of a written request for an estoppel certificate, furnish written confirmation that, as of the date of the estoppel certificate, the Developer is in compliance with all requirements of this agreement or, if not, shall state with particularity, why not. The Developer shall make pa~nent to the City, in advance, in the amount of $100 to produce the estoppel certificate. Any time necessary by the City to produce the certificate in excess of one hour will be billed 367 368 73. 74. 75. MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont. to Developer in the amount of $50 per hour. In cases where an excess of one hour is required to produce the estoppel certificate, the City will provide an itemized accounting of time accrued to Developer. 71. Construction of the proposed project shall begin within two years of execution of this Agreement. All construction shall be completed within twenty-five years of execution of this Agreement. The Developer may petition the City Council for an extension of these time limits if circumstances beyond the control of the Developer pose unavoidable delays. 72. Developer agrees to all of the conditions and obligations evidenced in this Agreement as a free and voluntary act and acknowledges that'this is a voluntary agreement consistent with the provisions of RCW 82.02.020. The conditions contained in the Property Use and Development Agreement shall be included in the Public Offering Statement for the Port Townsend Business Park. Nothing in this Agreement or the PUD approval shall constitute or imply City approval to commence construction in phases B, C or D until the necessary infrastructure has been provided and all other applicable provisions of this Agreement have been met. The City shall not be responsible for completion of any improvements to infrastructure or completion of any other condition or obligation of developer under this agreement should the Developer fail to timely complete such construction of improvements. All purchasers, heirs, successors, lessees and assigns of Dèveloper shall be informed, by being given a copy of the PUD Agreement, that Developer is solely responsible for completion of all conditions on a timely basis and that the City does not act as a guarantor that any of the conditions or improvements will be completed. The Developer shall be responsible for providing a copy of this PUD Agreement in any transaction in which the Developer is a party involving an interest in this real property. The CC&Rs shall be modified to be consistent with all this agreement. The obligations of Developer contained in this agreement shall be covenants running with the land and shall be binding upon and shall inure to the benefit of all successors, heirs and assigns. This agreement shall be recorded with the Jefferson County Auditor upon execution. Ordinance No. 2368 -1993 Budget Amendments. ORDINANCE NO 2368 AN ORDINANCE APPROPRIATING THE SUM OF $7,800 TO THE CURRENT EXPENSE FUND; $280 TO THE STREET FUND; $66,300 TO THE HOTEL/MOTEL TRANSIENT TAX FUND; $55,000 TO THE CAPITAL IMPROVEMENT FUND; $86,000 TO THE 1993 G 0 BOND PROJECTS FUND; $2,000 TO THE WATER-SEWER FUND; MAKING FINDINGS AND DECLARING AN EMERGENCY. A discussion ensued on the amount in the ordinance and the amount in the following resolution for the wave viewing gallery. Mr Brackett explained that the difference in the amount has been saved on another project that will be applied to this. Ms Franz read the ordinance by title. Councilmember Westerman made a motion that the second reading be considered the third and the third be by title only which was seconded by Councilmember I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Coni:. Camfield and passed unanimously by voice vote. Ms Franz read the ordinance number. Councilmember Wolpin made a motion that the Council adopt Ordinance No 2368 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. To Award Wave Viewing Gallery Maintenance Work to Townsend Builders. RESOLUTION NO 93-95 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TOWNSEND BUILDERS TO PERFORM RAIL REPAIR AT THE WAVE VIEWING GALLERY. Mr Brackett explained the resolution. Councilmember McCulloch made a motion that the Council adopt Resolution No 93-95 which was seconded by Councilmember Westerman and passed unanimously by voice vote. MAYOR'S REPORT Mayor Clise read a portion of a letter from the Port Gamble S'Klallam Tribe regarding their canoe trip to Bella and thanking the City for the wonderful hospitality extended when the canoe arrived in Port Townsend on June 13, 1993. Mayor Clise reported that there are advertisements in the paper on the Police Advisory Committee looking for people to subInit letters of interest and that there are forms available froIn his office. COMMITTEE REPORTS/STAFF REPORTS Finance. Councilmember Owsley set a Finance Committee meeting for August 18, 1993, at 5:00 PM. Police/Fire/Animal Control. Councilmember Sokol reminded staff and the Police/Fire/Animal Control Committee members of a Ineeting set for August 4, 1993, at 5:00 PM. Parks/Property. Councilmember Camfield reminded the Parks/Property Committee of a meeting set for August 4, 1993, at noon. Legislative/Environmental. Councilmember Wolpin questioned whether the Committee should meet to discuss a letter from James Holland, Jefferson County regarding the urban growth area boundaries. Mr Robison responded that the Growth Management Steering Committee, comprised of Mayor Clise and Councilmembers Owsley and Camfield, has been working on this. Councilmember Wolpin reported that there is someone in town that can make high quality video tapes and that she is working on getting copies of the "How Things Work in City Government" tape for anyone who is interested. Mayor Clise reported that a citizen has suggested that the museum should be encouraged to start a video library for historical purposes and that this tape should be included. The Port Townsend Library has a copy of the tape in its permanent collection. Public Works. Mr Brackett reported that the Tree and Brushing Committee has recommended approval for the removal of two trees for Richard Amerson. Councilmember Jones made a motion that the Council concur which was seconded by Councilmember Westerman and passed unanimously by voice vote. 369 370 MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Cont. Mr Brackett reminded Council of the Free Yard Waste Collection days which are the four Saturdays of ,~ugust at designated locations: 1) August 7, 1993, at the Port Townsend High School Parking Lot 2) August 14, 1993, 3) August 21, 1993, Church on Hastings, 4) August 28, 1993, Fairgrounds. A survey of the users will be made before a decision is made on how to control and deal with yard waste in the future. A brief discussion ensued. at the Castle Hill Mall at the New Life Assembly of God and at the Jefferson County Councilmember Camfield questioned the resolution of the Robichaux tree cutting request by the Tree and Brushing Committee. Mr Brackett responded that there has not been any conclusion yeti an arborist will visit the site~ Mr Brackett reported that San Juan Avenue is being surveyed for the Public Works Department for preliminary designs for the improvements to the street. Mr Brackett reported that the Kearney Street improvements are waiting for the State to complete reviewing the plans. The hope is that there will be a call for bids and the project completed before the end of the year. City Attorney. Mr McLerran explained the dispute over the rejection of the bids for the biosolids tub grinder on July 6, 1993. The rebid opening has been delayed for two weeks in order to give time to resolve the problem. G2B Findings and Conclusions. Mr McLerran advised that a motion be made to include the findings and conclusions of the G2B Hearing as the minutes of the July 6, 1993, meeting as discussed which was made by Councilmember Westerman and seconded by Councilmember Wolpin and passed unanimously by voice vote. Planning & Building. Mr Hildt reported that the Planning Commission has recommended in favor of the Conditional Use Permit Application for the public works addition at the City Shop. After a brief discussion, it was the consensus of Council to set the Public Hearing for August 16, 1993. Mr Hildt commended Dave Robison for receiving his certification by the American Institute of Certified Planners. Mr Hildt announced that the scheduled Workshop for the Arterial Street Plan has to be postponed. It was the consensus of Council that the workshop be set for September 15, 1993, at 7:00 PM. NEW BUSINESS Resolution Authorizing Contract with Coastwise Consulting for Phase III of the Point Hudson Study. RESOLUTION NO 93-96 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH COASTWISE CONSULTING FOR PROJECT MANAGEMENT AND COORDINATION OF PHASE III OF THE POINT HUDSON PLANNING STUDY. Councilmember Westerman made a motion that the Council adopt Resolution No 93-96 which was seconded by Councilmember Sokol and passed unanimously by voice vote. Mr Robison reported that the I I I I I I MINUTES OF THE REGULAR SESSION OF AUGUST 2, 1993, Coni:. Point Hudson Advisory Committee has requested time in October to present the results of Phase II of the Point Hudson Planning Process. ADJOURNMENT There being no further business, Councilmember Jones made a motion to adjourn which was sec ed d passed unanimously at 11:16 PM. Attest: Mayor . M~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF AUGUST 16,1993 The City Council of the City of Port Townsend met in regular session this Sixteenth day of August, 1993, 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, Sheila Westerman and Cindy Wolpin. Also present were Deputy City Treasurer Vera Franz, City Attorney Dennis McLerran, Police Chief Jim Newton, Director of Planning and Building Michael Hildt and Public Works Director Robert Wheeler. PUBLIC COMMENTS Kathryn Jenks was recognized and thanked the City for responding with the letter dated August 12, 1993, from Kit Perkins re9arding the contaminated soil at Fort Worden. Ms Jenks stated that there is a contract for the excavation of 11 more fuel tanks at the Fort going out to bid soon, and that there are other fuel tan}cs that have not been excavated, so there is the potential for a future problem. CONSENT AGENDA Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Camfield and passed unanimously by voice vote. 1993, as written 1¡.¡ithout Approval of the Minutes for July 19, reading. Approval of the following Bills and Claims: Current Expense Street Park Emergency Medical Services Waste Water Treatment Facility Water Quality Improvements '93 GO Bond Projects Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 46,280.86 5,399.02 722.00 1,654.01 Const 474,630.99 16,243.65 19,702.42 39,017.45 7,573.71 4,974.53 1.034.30 $ 617,232.94 371