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HomeMy WebLinkAbout03/03/1992 406 MINUTES OF THE REGULAR SESSION OF FEBRUARY 18, 1992, Cont. McLerran, David Grove, Michael Hildt and Robert Wheeler at 9:55 PM. The meeting was reconvened at 10:25 PM. ADJOURNMENT There being no further business, Mayor Pro-Tem Camfield declared the meeting adjourned at 10:25 PM. Mayor Attest: R~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MARCH 3, 1992 The city Council of the city of Port Townsend met in regular session this Third day of March 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were Jean camfield, Vern Jones, Julie McCulloch, Norma Owsley, Robert Sokol, Sheila Westerman and Cindy wolpin. Also present were Deputy Clerk-Treasurer Vera Franz, City Attorney Dennis McLerran, Director of Planning and Building Michael Hildt and City Engineer Randy Brackett. Clerk-TrHasurer David Grove arrived at 8:10 PM. PRIORITY ITEM Presentation of Trust for Public Lands. Councilmember McCulloch introduced Eugene Duvernoy, Land Use and Environmental services, who explained that his written report is drafted to assi st the City's decision makers to explore the various opportunities at hand for preservation and for the fashioning of a community based effort that best serves the City's needs. The report, Open Space Funding and Program Options, which was sponsored by Trust for Public Land, Northwest Regional Office, presents various financing techniques, programmatic tools and procedures used to present a parks and open space preservation program. A brief discussion of a levy lid and requirements for Proposition 1 for open space ensued. Council- member McCulloch stated that this report is more comprehensive than she expected, will be valuable to the Council and requestE!d that the Mayor send a letter of thanks to the Trust for Public Lands for providing this service. PUBLIC COMMENTS No comments were offered by the Public in attendance. CONSENT AGENDA Councilmember Jones made a motion to approve the following i1:ems on the Consent Agenda which was seconded by councilmember CamfiEÜd and passed unanimously by voice vote after the Councilmembers requested that the letter from Thomas Heinan be recopied to them. Approval of the Minutes for February 4, 1992, as written ~,ithout reading. I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 3,1992, Cont. Approval of the following Bills and Claims: Current Expense street Library Park Emergency Medical Services Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief Total $ 50,522.77 537.01 6,802.17 4,773.83 799.32 21,122.74 195.14 1,566.02 113.45 $ 86,432.45 setting Hearings: Forest Park Planned Unit Development for April 6,1992. Rezone Request from Allen/Reijnen for April 6,1992. Conditional Use Permit for Sewer Treatment Plant Construction staging Area for March 17,1992. Communications: A letter dated February 11, 1992, from Thomas F Heinan, Ass:istant Secretary for Marine Transportation, Washington state DepartIllent of Transportation, to Mayor Clise and Robert Harper confirming that their six year capital plan dues include funding for expans:ion of the Port Townsend Ferry dock during the 1993-95 biennium was copied for Council. A letter dated February 14, 1992, from Leonard T Garfield, Preservation Programs Coordinator, State Department of Con~unity Development, to Mr and Mrs Michael Kelly requesting further information for the nomination of the Trenholm House for the National Register/state Register was copied for Council. A vegetation management list dated February 18, 1992, fro111 puget Power was copied for Council. A note dated February, 1992, from Paula Amell requesting ren,~wal of her conditional use permit for the Puffin and Gull apartment: motel was copied for council and referred to the Legislative/ Environmental committee. A memorandum dated February 21,1992, from Bart Phillips including a corrected copy on page 3 of the Tourism Marketing Plan was copied for Council. A letter dated February 24,1992, from Michael Kelly requesting a six month extension for his Variance Application No 9104-01 :for the Trenholm House was copied for Council. A letter dated February 24,1992, from Sharon stewart to the Port Townsend-Jefferson County Leader stating her objections to parking fines in Port Townsend was copied for Council and referred to the police/Fire/Animal Control Committee. A letter dated February 25, 1992, from Margaret Lee sugqesting further avenues to make public notices of meetings more acCE:~ssible was copied for Council. A memorandum dated February 26, 1992, from Sheri Robison, Main street, including a copy of the preliminary results of the .tourism survey completed by Main Street in the fall of 1991 was copied for Council. This concludes the Consent Agenda. 407 408. MINUTES OF THE REGULAR SESSION OF MARCH 3, 1992, Cant. CHANGES TO THE AGENDA Councilmember Wolpin noted that two items under Unfinished Business on the agenda are the same item. Councilmemher McCulloch noted that the Cont,ract for Construction of the Wastewater Treatment Plant under Unfinished Business should be on the agenda for March 17, 1992. councilmember McCulloch noted that the Wetland/Stormwater Appointments under Commi ttee/staff Repo:::-ts on the agenda was premature. UNFINISHED BUSINESB Request for Extension of Variance -Michael Kelly. After discussion of this request, Councilmember Jones made él motion that the Council grant an extension of six months which was seconded by council- member Sokol and passed unanimously by vo:Lce vote. Resolut~on Formalizin9 Retre9t Goals. Mr Hildt reported that the draft resolution is incomplete at this time. A discussion of changes requested by the Councilmembers ensued. MAYOR'S REPORT Tourism Marketin9 Plan Hearin9. Mayor CLLse reported that he has a request to set a Council Public Hearing for the Tourism Marketing Plan. After discussion, the Council set April 27, 1992 for the hearing. Communi~y Action Rec¡Jlest. After a brief discussion, Councilmember Owsley made a motion that the Council send a letter of support for an additional application for a weatherJ.zation program for the community Action which was seconded by Collncilmember Camfield and passed unanimously by voice vote. COMMITTEE REPORTS/STAFF ]~EPORTS Lec¡islati veJEnyironmental Report: Bayvis,ta II Project. Ci ty Planner Dave Robison summarized the modified mitigated deter- mination of nonsignificance for construction of an eleven unit condominium and addition of approximately 1370 square feet to the existing Bayview Restaurant by Mark Johnson, Nordland Construction company. After discussion, Councilmember Holpin made a motion that the Council adopt the following mitigating measures which was seconded by Councilmember Jones. Counci11nemher Sokol stated that he had spoken to staff about this project but that he felt he could make a fair judgement. After a brief disc~ssion of the appearance of fairness I the motion passed unanimousl:r by voice vote. 1. Prior to certification of occupancv, the applicant shall include in the CC&R's provisions for the operation and maintenance and repair of stormwater facilities and the shore defense work. The CC&R provisions shall be reviewed for consistency with the mitigation meaEures by the Director of Planning and Building before a certificate of occupancy is issued. 2. The applicant should attempt to prE~serve a remnant of the existing shoreline bank by incorporat.ing a portion of it into the final landscaping plan as a landscape feature or amenity, if feasible. The feasibility of this measure shall be reviewed by the Director of planning and Building before grading occurs. This modified Mitigated Determination of Non-significance is contingent upon a site plan which meets ?the city's --ø;f;f-street 3. I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 3,1992, Cont. 4. parking and loading requirements, Section 17. 30 of the~ PTMC. The site plan shall be submitted and approved by the Director of planning and Building prior to the Shoreline CoI111nission public hearing on March 18,1992. Mitigation Measure~ O. Transportation (1), which was re!quired under the MDNS the city issued on AUgust 27, 1991, is revised as follows: The site plan shall be amended as necessary to conform with building setbacks, landscaping, parking or other requirements in the Port Townsend Municipal Code and Urban Waterfront Plan. A Preliminary Drainage Plan, prepared by Polaris Engineering and Surveying Inc, was submitted by the applicant as part of the SEPA addendum. This preliminary drainage plan was accepted by the Public Works Department, conditional upon the applicant complying with Polaris' recommendations, iI1lcluded within the plan, and any comments or conditions which may later be recommended by the Department of Fisheries upon their review of the plans for incorporation into the final drainage plan. Impact feeq Meeting with School Qi~trict. Mr Brackett announced that there will be a meeting with the School Board Members on March 12,1992, in the Mayor's Office at City Hall and a pre-meeting with City Staff at 4:00 PM that day. Councilmember OWsley will also attend the meetings. 5. Waste Water Treatmept Plant Hiring. Mr Brackett explained that the publiè Works Department proposes to hire the Assistant Wast:ewater Treatment Plant Operator and a Biosolids employee as agreed in the budget now that the sewer rate change has been adopted. Community services. Councilmember Westerman reported that she has met with the communication Advisory Committee and had a proéroctive meeting and that it has been proposed that after the iss\J.es are decided, that a Public Forum be held for input from the coIImlunity. Mr Grove arrived at this time. Councilmember Westerman reported that a recycling meeting hud been held, that a full-page advertisement about recycling has been approved and will be run in April. Letters will be sent to commercial and residential recycling customers reporting thait: green glass will no longer be collected at curbside after May 1,1992. Downtown recycling stations will be ready by that date councilmember Westerman also reported that a meeting had heEm held wi th city staff, the Tree and Brushing Committee, puget PO~ler and Jefferson County to develop a process for dealing with work done in public right-of-ways. Councilmember Westerman, Steve Corra~ Tom Brobst and Kate Jenks took a full day toured the route for the tree maintenance program of puget Power basically tree-to-tree, she estimates it will take two to three more full days, and they are working on public notification of the project. Puget Potrirer has agreed to host a public workshop on compatible street trees and can work with neighborhoods in selecting appropriate trees to be planted. Finance. Councilmember Owsley announced a meeting of the Committee for March 23,1992, at 5:00 PM to discuss requests from tile Port Townsend Fire Volunteer Department, Main street, the ChaI1~er of Commerce and others. Street/Storm Draj.nac¡e/Light. Councilmember Jones reminded the Committee of the meeting set for March 10, 1992, at 5:00 PM to discuss various letters. A discussion of possible changes in the handling of tree requests ensued. 409 410 MINUTES OF THE REGULAR SESSION OF M}JtCH 3, 1992, Cont. Gi~l scout House. Councilmember Camfield reported that the work being done by Bonzo DeLeo and his group is :Ln progress, the Women's Relief Society of the Mormon Church has v,:>lunteered to work with the Girl Scout Leaders on interior cleaning and painting and some plantings on the outside. Councilmember Sokol reported that Mr DeLeo has appealed to the Rotary and other :;ervice groups for funds to complete work being done. Legislative/Environmental. Councilmember 'Nolpin reported that the planning Commission has been having workshops on the sensitive areas ordinance and announced a meeting of the Committee for March 30, 1992, at 5:00 PM for a SEPA review on the draft ordinance and that council will be making a determination on the review on April 6,1992, and that there will be a joint puèlic hearing on April 22, 1992, at 7:00 PM. Water/Sewer. Councilmember McCulloch reported that she had attended a local government caucus meeting on the Chelan Agreement where the consensus model of the proj ~ct was discussed, the participation of the city of Port Townsend was announced and that the next step is for the other caucuses to be formed. A brief discussion ensued. Chinese Garqens. Councilmember Camfield reported that the state Parks commission will be discussing the deHignation Natural for the Chinese Gardens site in their March meetir,g in Longview. The city will write a letter stating that the comaittee process fulfilled the city's requirement for public input into the process and that the city is satisfied that this has been fulfilled. Councilmember Camfield will try to attend the meeting in Longview. J?¡apning aoQ. Bui:t9inc¡ Department. Mr Hildt announced that Rob Sears, Building Official has been certified by the International Conference of Building Officials. Mr Hildt reported that a number of requests for development of plats in the City have been received rHcently and that a SEPA checklist will be needed for some of them. Normal zoning and building code issues are difficult in undeveloped areas which means the process will take more time. Mr Hildt reported that there have been substantial excavations in the Fowler Park area without permits. ThH area has been inspected by Mr Hildt and Mr Robison and letters have been sent out to 38 adjoining property owners. Condi tioJ;J.al Donation to Sewer Treatment I'l~nt Lanqsca"pinq. RESOLUTION NO 92-19 A RESOLUTION OF THE CITY COUNÇIL OF THE CITY OF PORT TOWNSEND AUTHORIZING l'.CCEPTANCE OF A CONDITIONAL DONATION FROM SENSIBLE SEWAGE SOLUTIONS. Mr Grove explained the resolution. Councilmember Westerman made a motion that the Council adopt Resolution No 92-19 which was seconded by Councilmember Camfield and passed unanimously by voice vote. B9nding Intent fo~ Wastewater T+eatment :?l9nt Construction. RESOLUTION NO 92-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING ITS INTENT TO ISSUE TAX-EXEMPT REVENUE BONDS TO FINANCE THE WASTEWATER TREATMENT PLANT. I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 3, 1992, Cant. Mr Grove explained that this resolution is now ready for Council action and then explained the resolution. Councilmember Jones made a motion that the Council adopt Resolution No 92-17 which was seconded by Councilmember McCulloch and passed unanimously by' voice vote. SEPA Exemptions or Inclu~ions. Mr McLerran explained that for the issue of SEPA exemptions or inclusions for single lots wi thin plats, the City is trying to develop an opportunity to gather information in the application process for a basis to decide whether a property truly is a group of properties that should be within SEPA's coverage or whether it is premature to do .a SEPA review and whether segmentation of the review is appropriate or not. NEW BUSINESS Ordinance changi~q Regvlar M~~ting Schedule. ORDINANCE NO 2288 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO 1790, AS AMENDED, TOGETHER WITH SECTION 2.04.010 OF THE PORT TOWNSEND MUNICIPAL CODE, PROVIDING FOR AND CHANGING THE TIME AND PLACE FOR REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND. Mr Grove explained the ordinance and read it by title. c()uncil- member Wolpin made a motion that the first reading be considered the second and the third be by title only which was seconded by councilmember Camfield. After a brief discussion, the motion passed unanimously by voice vote. Mr Grove again re.ad the ordinance by title. Councilmember Wolpin made a motion that the Council adopt Ordinance No 2288 which was seconded by Councilmember Sokol. After discussion, the motion passed by roll call vot.e with councilmembers Camfield, McCulloch, OWsley, Sokol, Westerman¡ and Wolpin voting in the affirmative and Councilmember Jones voting against the motion. Shoreline Sqbstantial Developmen,t :permit A.pplication -Fl~et J:.1ax::ipe. Mr McLerran noted that this is not a PUblic hearing, this is a matter in which the Shoreline Commission held the public bearing and that this is for Council deliberation only. Mr JRobison reviewed the proposal and recommendations of the Shljreline Commission. After discussion, Councilmember Wolpin made a motion that the Council adopt the following findings and conclusÌi::>ns for Shoreline Substantial Development Permit No SDP9112-04 -Fleet Marine which was seconded by Councilmember Jones and passed unanimously by voice vote. A. FINDINGS OF FACTS: 1. The subject property is currently developed as a portion of the Fleet Marine Boatyard and is owned by the Por1; :)f Port Townsend. It is bounded by Jackson Street to thE~ west, Jefferson street to the south, port property to the east (where a house is located) and port property to the north. To the west, across Jackson street, is the Fleet Marine retail store, associated office space, and additional boat storage and repair areas. This area is private property .( see vicinity map - Exhibit 1). The applicant proposes to construct a 25 by 50 foot concrete collection trough; or apron, for Fleet Marine's high-pressure boat wash. This washdown apron is located across JE!fferson street from the Travelift dock at the Point Hudson Marina. The apron is approximately eighty feet from the ordinary high water mark. The proposed washdown apron borders the lessee's 2. 411 412 A. MINUTES OF THE REGULAR SESSION OF MARCH 3,1992, Cont. 3. property to the east and is immediately adjacent to boat storage areas (see site plan - Exhib:.t 2a). The subject property is generally level, with the average slope being about 2%. The site if: covered by impervious (gravel) surfaces used for boat storage, road access and parking areas. There are no significant natural or cultural features on the site. 4. The proposed use is considered an accessory use to boat building and repair. Boat building and repair is permitted outright in a public (P-I) zoning district. A P-1 zoning district is primarily a public use d:Lstrict, but can include pri vate ownership and uses wi thin the district. The proposal 5. is also consistent with the Urban Wai:erfront Plan's policies and guidelines for the Point Hudson Uarina District. Currently, high-pressure boat washing takes place over the water of the marina. Boat wasbdown facilities which use high- pressure washing are known to produce wastewater contaminated with heavy metals, such as copper, lead and zinc. Stormwater runoff from boatyard areas, where sanding and painting occur, also contribute to water pollution. 6. In 1992, the Washington State DepartmEmt of Ecology (DOE) will be issuing a general National Pollutant Discharge Elimination system permit that will cover all small boat repair businesses in the state. This permit will sei; limits on what can be discharged from a boatyard. 7. The applicant proposes to install t::le washdown apron and a (Ultrasorb) wastewater treatment system to catch and treat the wastewater (see Exhibit 2b and Exh1::Ü t 2c). The treatment system is a no- discharge system whictl recycles the wastewater after treatment. A sludge by-produc": is produced which will require proper disposal. The applicant is required to incorporate the use of best managemen1; practices into boatyard operating procedures and meet sta1:e compliance with the general NPDES permit. Under the general permi t, DOE is charged with monitoring and enforcE!ment of the facility's operation and compliance with best management practices. B. CONCLUSIONS: 1. Terrain and pre-existing development do not pose constraints to installation of the proposed wash down facili ty . The proposed use is compatible with the surrounding development and is consistent with the Port To~lsend Municipal Code and the Urban Waterfront Plan. 2. The proposal, as designed, will me~et state standards for National Pollutant Discharge Elimination System wastewater discharges, the implementation of boatyard Best Management Practices, installation of treatment facilities, and other conditions necessary to carry out the provisions of local, state, and federal law. II. State Environmental Policy Act (SEPA) FINDINGS OF FACTS: 1. The city issued a Mitigated Determination of Non-Significance (MONS) for the proposal on FebI'uary 18, 1992. The environmental checklist and SEPA DeteJ:."minat-i-on are included as Exhibits 3 and 4. The mitigation me,:lsures incorporated into the proposal by the applicant and inc:luded in the MDNS are as follows: I I I I I II. B. 1. IV. A. 1. 2. I 3. 4. IV. B. 1. v. A. MINUTES OF THE REGULAR SESSION OF MARCH 3,1992, Cont. (1) To minimize potential significant impacts to soil E!rosion and an increase in stormwater runoff, a stormwater det:ention facili ty shall be installed. The facility shall c:ollect stormwater for the project area, treat it, and release the stormwater at its historical rate. The design of the fsLcility must be approved by the city engineer prior to a btlilding permit. (2) To mitigate potential significant impacts to air quality, the proponent shall contact the Olympic Air Pollution Control Authority to obtain any necessary approval for air emissions. ( 3 ) To mitigate potential significant adverse impal::ts to water quality, the proponent shall incorporate Best Manslgement Practices for stormwater control as required undE~r the Department of Ecology's National Pollutant Dis:charge Elimination System General Permit. (4) To mitigate potential significant adverse impaGts to environmental health, prior to issuance of a building permit, the proponent shall obtain approval from the Fire Chief for the ul trasorb facility location and screening. The pl(¡tcement of the facility shall meet the criteria and standards f()r tank storage outside of buildings and hazardous materials s:torage requirements, as described in Article 79 and 80 of the Uniform Fire Code. (5) To mitigate potential adverse impacts to enviror~ental health, sludge shall be tested for toxicity prior to being disposed at the County landfill or city sludge facility. The proponent shall contact the County Health Department for information about sludge tests and disposal at the landfill. ( 6 ) To mitigate potential adverse impacts to enviror.lmental health and water quality, the proponent should remove solid marine growth, such as barnacles and mussels. Marine debris shall be disposed of according to Health Department sta!"Jldards. If odors become a problem, between the once-a-week disposal pick-ups, the proponent shall provide for additional waste disposal services. state Environmental Policy Act (SEPA) CONCLUSIONS: The applicant and the City have satisfied the requiremEmts of SEPA. The applicant must fulfill the conditions set forth in the Determination of Nonsignificance. other Required Permits FACTS: Shoreline Substantial Development Permit Boatyard General National Pollutant Discharge Elimination System Permit, Department of Ecology Air Emissions Permit, olympic Air Pollution Control Building Permit, city of Port Townsend Other Required Permits CONCLUSIONS: Prior to issuance of a city building permit¡ the applicant shall show proof that the SEPA mitigation measures have been satisfied. Public Notice FACTS: 413 414 MINUTES OF THE REGULAR SESSION OF ~~CH 3, 1992, Cont. 1. Notice of application was made by pub:_ishing legal notices in the December 25th, 1992, editions of the Port Townsend- Jefferson County Leader and by no,tification to adjacent property owners by mail. 2. Notice of public hearing to be held on February 19th, 1992 was made by publishing legal notices in the January 15th and February 5th, 1992 editions of the Port Townsend-Jefferson county Leader. Inspection of the site was made on February 18, 1992, by a representative of the Port Townsend Planning and Building Department and members of the Jefferson-Port Townsend Shoreline Management Advisory Commis!::ion. 3. V. B. Public Notice CONCLUSIONS: 1. Public notices have been made consistent with notice and hearing requirements under Washington Administrative Code 173- 14-070 and section 6.402 of the .Jefferson-Port Townsend Shoreline Master Program. written Testimony FACTS: VI. A. 1. william Toskey, General Manager, Port of Port Townsend, stated support of the project both as the land owner and as a party interested in the marine trades induBtry. (see Exhibit 5). I. B. Written Testimony CONCLUSION: 1. There have been no written letter!:: in opposition to the project or any concerns raised which needs to be addressed. VII. Applicable Shoreline Management Mast ~r Program Policies FINDINGS OF FACT AND CONCLUSIONS: 1. 2a. 2b. Fact: The Jefferson-Port Townsend Shoreline Management Master Program (herein, Master Program) requires that a shoreline substantial development permit be issued by the City of Port Townsend for development of the proposal. The proposal should be consistent with the policies and performance standards ()f the followi~,g sections of the Master Program: 0 4.105, 0 4.106, 0 4.201, 0 5.90, "Urban Designation"; "Port Townsend Urban Waterfront Special District"; "primary Uses"; "Industrial and Port FacLlities"; Fact: section 4.105, "Urban Designation/" is an area of high intensity land use, including re!::idential, commercial and industrial development. Development in this environment shall be limited to water-dependent, water-related, or water- enjoyment uses. Runoff created by new impervious surfaces shall not increase stormwater runoff or affect water quality from pre-development conditions. Anè, developments should not block or adversely interfere with th,:! public's access to the shoreline. Conclusion: The proposed development facilitates the continuation of water-dependent and water-related uses adjacent to the Point Hudson Marina, which is a priority use under the SMP. The proposed development is oriented on the site to minimize conflicts with othez boatyard operations and I I I I I I 3a. 3b. 4a. 4b. 5a. 5b. VIII. MINUTES OF THE REGULAR SESSION OF MARCH 3, 1992, Cont. avoid conflicts with pedestrian and vehicle access along Jefferson street. The proposal incorporates best manslgement practices for boatyard operations and stormwater control # including the installation of a detention facility to assure water quality and stormwater runoff meets pre-project conditions. Fact: Section 4.106, "Port Townsend Urban Waterfront Special District." The proposal is located in the Port Townsend Urban Waterfront Special District of the Master Program. Development in this district shall: include public access provisions; be set-back a minimum of fifteen feet from the ordinary high water mark; maintain a modern-day link with the community's maritime history; and not detract frc)m the architectural integrity of the Historic District. Conclusion: Many of the performance standards in this section do not apply to the proposed project. However, the proposal will blend or enhance the character and flavor of th,e Port Townsend Waterfront as an area supporting the marine trades and water-dependent uses and will not detract frc)m the integrity of the Historic District. Fact: Section 4.201, "primary Uses," establishes those uses which have been administratively classified as a primalry use in the urban designation of the Master Program. Water- dependent and water-related uses which will be fostered by the proposed washdown facility are deemed primary uses found preferable and consistent in the urban designation. Conclusion: The proposed washdown facility is consistent with the applicable policies and performance standards for this use. Fact: Section 5.90, "Port and Industrial Facilities, 111 lists pertinent policies and performance standards which apply to the proposed facility. Under this section, the proposal should: give priority to water-dependent uses; minimize adverse impacts on aquatic life; comply with all fEtderal, state and local pollution requirements; minimize unnec:essary interference with adjacent property owners; shall provide adequate safety devices for hazardous materials; and assure adequate operations to control all unnecessary odors. Conclusion: The proposed washdown facility is a water-related use and, as conditioned under SEPA review, is consistent with the performance standards in section 5.. 90. ThEt SEPA mitigation measures provide adequate provisions to ensure that no wastewater will be discharged which will impact slquatic life, incorporates best management practices to prevent pollution, is consistent with fire code requirement,s for hazardous materials, and includes provisions to sLddress potential noxious odors. CONDITIONS Issuance of a shoreline substantial development permit for the proposed project requires compliance with the Washington state Shoreline Management Act and the applicable policies and performance standards of the Jefferson-Port Townsend Shclreline Management Master Program. The Shoreline Advisory comnlÌssion recommends approval of the proposal with the following conditions: 1. The shoreline permit shall include all Findings, Conclusions and Mitigation Measures set forth in the SEPA determina1:ion of February 18, 1992 and any other conditions imposed in connection with plans or other permits submitted for a};>proval prior to issuance of a building permit. 415 416 VIII. MINUTES OF THE REGULAR SESSION OF MA:~CH 3, 1992, Cont. SHORELINE SUBSTANTIAL DEVELOPMENT PERMITS Pursuant to RCW 90.53.200 and WAC 173-14-060, construction or substantial progress toward construction elf a project for which a Substantial Development Permit has been qranted pursuant to the Shoreline'Management Act must be undertake~ within two years after date of approval. The project must be completed within five years and a one year extension may be considered. IX. APPEAL TO SHORELINE HEARINGS BOARD Pursuant to RCW 90.58.130 and WAC 173-14-170 and 173-14-174 any person aggrieved by the City's final decision on the Shoreline Substantial Development Permit may see]~ appeal to the State Shorelines Hearings Board. All request,s for review shall be concurrently filed with the Shoreline Hearings Board, the Department of Ecology f and State Attorney General within 30 days of the date the Department of Ecology receives the City's decision. The request for review must contain items required by WAC 461-08- 055. X. A. B. C. G. G. EXHIBITS 1. 2. 3. 4. 5. Vicinity Map Site Plan Environmental Checklist SEPA Determination written Testimony (letter) Earth To minimize potential significant im~acts to soil erosion and an increase in stormwater runoff, a stormwater detention facility shall be installed. The facility shall collect stormwater for the project area, tr,;:!at it, and release the stormwater at its pre-development rate. The design of the facility must be approved by the Cj.ty Engineer prior to a building permit. Air To mitigate potential significant impacts to air quality, the proponent shall contact the Olympic: Air Pollution Control Authority to obtain any necessary approval for air emissions. Water To mitigate potential significant a:lverse impacts to water quality, the proponent shall incorporate Best Management Practices for stormwater control as required under the Department of Ecology's NPDES General permit. Environmental Health: Hazardous Was'te To mitigate potential significant, adverse impacts to environmental health, prior to issuar,ce of a building permit, the proponent shall obtain approval from the Fire Chief for the ultrasorb facility location and screening. The placement of the facility shall meet the criter:La and standards for tank storage outside of buildings and haz,:irdous materials storage requirements, as described in Article 79 and 80 of the Uniform Fire Code. Environmental Health: Sludge 1. To mitigate potential adverse :.mpacts to environmental health, sludge shall be tested for toxicity prior to I I I I I I MINUTES OF THE REGULAR SESSION OF MARCH 3,1992, Cont. being disposed at the County landfill or city sludge facili ty. The proponent shall contact the County Health Department for information about sludge test.s and disposal at the landfill. 2. To mitigate potential adverse impacts to environmental health and water quality, the proponent should remove solid marine growth, such as barnacles and mussels. Marine debris shall be disposed of according to Health Department standards. If odors become a prohlem, betwèen the once-a-week disposal pickups, the proponent: shall provide for additional waste disposal services. COUNCILMEMBERS GENERAL DISCUSSION ¡'etter froIU John Boulton. Councilmember McCulloch read a meJIUO from Dave Robison including a letter from John Boulton propos:ing to manage city property in the Snow Creek Watershed area. The portion of the memo that concerned her is the inquiry for logging of the 30+ acres along Sims Way commonly known as the Forest Corridor in the Gateway Plan for development. Mr McLerran stated thai: since there is no proposal at present, the Council can discus:s this matter and then explained possible issues involved: The Forest Practices Act application to the Department of Natural Resources and city permits required. A discussion of potential l()gging, Gateway Plan, zoning of the 30 acres, initiation of discussions, etc, ensued. A brief discussion of the Snow Creek logging project followed. siQn Code Informat~onal Article. HI," Hildt reported that a draft article for the Leader has beèn done and he would like comments from Councilmembers before March 6, 1992. A brief discusBion of the draft and suggestions for the article ensued. Appointment to the Port Townsend Arts Commission. Councilmember Wolpin made a motion that the Council confirm the appoinbRent of Kim Wheeler to the Port Townsend Arts Commission which was s~:!conded by Councilmember Westerman and passed unanimously by VOiCE:! vote. Councilmember Wolpin requested that Ms Wheeler be invited to a councilmeeting for introduction. Lincoln Beach Access. Councilmember Camfield reported that she has recei ved a letter from residents of the Lincoln Beach area requesting signage at the bottom of the ramp at Chetzemoka P.ark and at Point Hudson to resolve a problem with people letting their dogs run on the beach, their property and bothering waterfowl. After discussion, it was the consensus of the Council that an apprQpriate leash law sign be placed at the Chetzemoka Park ramp and that the Lincoln Beach residents contact the Audobon Society for help with signage for their property. New Staff. Councilmember Wolpin noted the hiring of Marie Jfayford who has been working as a temporary employee at the Public: Works Department and is now full time and suggested that she be :invited to a Councilmeeting for introduction. Margaret Lee tetter. Councilmember McCulloch acknowledgred the suggestions by Margaret Lee in her letter and noted that two of the suggestions were oriented to the Leader and stated that they seemed like sensible suggestions. EXECUTIVE SESSION Mayor Clise recessed the meeting into Executive Session to discuss the acquisition of real estate including Dennis McLerran ,r David Grove and Michael Hildt at 10:02 PM. The meeting was reconvened at 10:20 PM. 417 418 MINUTES OF THE REGULAR SESSION OF MARCH 3, 1992, Cont. ADJOURNMENT There being no further business, Mayor Clise declared the meeting adjourned at 10:20 PM. Mayor Attest~ ~ Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF MARCH 17,1992 The City council of the City of Port 'llownsend met in regular session this Seventeenth day of March, 1992, at 7:00 PM in the Council Chambers of City Hall, Mayor John M Clise presiding. ROLL CALL Councilmembers present at Roll Call were JE:an Camfield, Vern Jones, Julie McCulloch, Norma owsley, Robert Sokol, Sheila westerman and Cindy Wolpin. Also present were Clerk-Treasurer David Grove, City Attorney Dennis McLerran, Assistant Plant1er Darlene Bloomfield, Police Chief Jim Newton and Public Works Director Robert Wheeler. INTRODUCTION OF NEW CITY EMPLOYEES Ann Emken from the city Attorney's office '~as introduced by Dennis McLerran, Sheila Spears from the Planning and Building Department was introduced by Darlene Bloomfield and Kim Wheeler, Jonathan Tudan and Don Tretheway from the Arts Commission were introduced by Dan Harpole. John Freitas and Matt Cappriotti from the Water Department were introduced by Bob Wheeler even though they are not "new employees". APPROVAL OF AGENDA Joan Best Iiome Occupation Permit. After d,lscussion, Councilmember Sokol made a motion that the Council hold a Public Hearing on the Joan Best Home Occupation Permit on April ~:O, 1992, and approve the agenda for this meeting which was seconded by counci1member Jones and passed unanimously by voice vote. PUBLIC COMMENTS Peter Simpson was recognized and requested authorization to cut some trees in the right-of-way and open a portion of 57th Street for access to his property and gave a brief history of a problem wi th a neighbor. Mr Wheeler read a letter from Fred Brown protesting the proposed development of 571:h Street between Wilson and Cleveland streets by Mr Simpson. Aft:er discussion, Council- member Sokol made a motion that this i'tem be referred to the Street/Storm Drainage/Light Committee for action on March 31, 1992, at 5: 00 PM which was seconded by Councilme:tnber Camfield and passed unanimously by voice vote. Dan Harpole, Chairman of the Arts Commission, was recognized and gave a brief update on the status of the .Jackson Bequest Project. Issues of signage landscaping, lighting, the wind harp, handrails and possible modifications to the wave viewing gallery and tidal clock were discussed by the Commission as Triell as possibilities for grants for modifications to the tidal clo(~k. I I I