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HomeMy WebLinkAbout01/19/1982 335 ~I.Nu.'rES_OF Ttl~~£iQLAR SESSIO~ OF JANUARY 5, 1982 Cont. I the reason for the ordinance. Mr. Abraham indicated that~the recommendation 'from the Planning Commission is a good one. There being no plwlic testimony, Mayor McClure closed the hearing to the public and turned the ordinance over to the Council for disposition. Mr. Abraham suggested that ,:.t:he addition from the Planning Commission be placed at the end of the first sent:ence in Section 3.04A. Cè>unc~lmembe~ Kenna made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Judy and passed unanimously b}e voice vote. Mr. Grove read thE' ordinance by title. Councilmember Judy made a motion to adopt Ordinance No. 1907 which was seconded by Councilmember Ciprioti and passed unanimously b~ roll call vote. BID OPENINGS The following bids were opened and read aloud to furnish the calendar year of 1982: Lòw High Octane Octane Regular Unleaded Unleaded Gasoline Gasoline Gasoline the City with fuel for #2 Diesel Furnance Oil Thomas Oil $1.2075 $1. 2495 $1. 3005 $1. 013 $1.013 Harper Oil 1.2103 1. 2403 1. 3978 1;005 1.005 Councilmember Judy made a motion to award the bid of the regular gasoline and high octane unleaded gasoline to Thomas Oil and low octane unleaded gasoline, #2 Diesel, and Furnace Oil to Harper oil which was seconded by Councilmember Kenna and passed unanimously by voice vote. NEW BUSINESS RESOLUTIONS NO. 82-2 & 82-3 I Mayor McClure explained that adoption of these resolution are necessary to allow the State to construct the new Ferry Terminal and title to the property will return to the City upon completion of the project. Councilmem£,er Kenna made a motion to adopt Resolutions 82-2 & 82-3 which was seconded by Councilmember Imislund and passed unanimously ~voice vote. Rezone Application No. 781-03 - Brown Councílmember Judy made a motion that the Council conduct a public hearing on this applicaton on February 2, 1982, which was seconded by Councilmember Kenna and passed unanimously ~ voice vote. ADJOURNMENT There being no further business, Mayor McClure declared the meeting adjourned at 9:02 P.M. L---- I AlJ~ CITY CLERK MINUTES OF THE REGULAR SESSION OF JANUARY 19, 1982 The City Council of the City of Port Townsend met in regular session this 19th day of January, 1982, at 7:30 P.M. in the Marine Park Community Building, Mayor Barney McClure presiding. Mayor McClure called upon the Clerk-Treasurer, David Grove to administer the oath of office to Janis Hunt, Frieda Imislund, and Brent Shirley which he did. 336 MINUTES OF THE REGULAR SESSION OF JANUARY 19, 1982 Cont. ROLL CALL Councilmembers present at roll call were Janis Hunt, Frieda Imislund, Dale Judy, Mike Kenna, and Brent Shirley. Councilmember James Parker arrived later in the meeting. Also present were City Attorney Glenn Abraham, City Engineer Roger French, and City Clerk-Treasurer David Grove. MINUTES Councilmember Dale Judy made a motion to approve the minutes of January 5, 1982, as written and to dispense with the reading of them which was seconded by Councilmember Shirley and passed unanimously by voice vote. BILLS AND CLAIMS The following bills and claims were presented for payment: Current Expense Street Library Park L.S.C.A. Grnat Federal Shared Revenue Water/Sewer 1956 Transmission Line Replacement Firemen's Pension and Relief Equipment Rental Payroll $11,881.67 3,762.86 673.36 295.69 104.82 4,041.83 7,879.14 1,000.00 1,448.45 3,505.84 644.71 Councilmember Judy made a motion that the bills and claims be paid from the proper funds which was seconded by Councilmember Kenna and passed unanimously by voice vote. COMMUNICATIONS A resignation letter dated December 31, 1981, from Thorne Edwards on the Port Townsend Arts Commission to Mayor McClure was copied for the Council. The Council received an Environmental Checklist dated January 5, 1982, from Elwin E. Fetty on the proposed rezone of property at the intersection of SR-20 and Glen Cove Road from R-IA to C-2. Mayor McClure referred this to the Legislative Environmental Com- mittee. A letter dated January 6, 1982, from :Robe;¡:,t O~Brien of Farmers Insurance Group was copied for ,the Council informing them that all insurance policies handled through his agency have been cancelled and expressing his appreciation for the cooperation of all city departments during the past. ~response to Mayor McClure's letter of November 24, 1981, to Governor Spellman from David W. Stevens, Assistant for Energy and Natural Resources, dated January 7, 1982, was copied for the Council explaining that the State Environmental Policy Act provides a means to compel private property owners and public land managers to examine the environmental consequences of their actions regarding Forest Practices and he is forwarding his letter to Brian Boyle, Public Lands Commissioner, and Donald W. Moos, Director of the Department of Ecology, for their review and consideration. Mayor McClure explained that this is the fourth response the City has received to this letter and a meeting will be held February 8, 1982, in his office with officials from the state. He requested that the press and the water committee be present at that meeting. The Council received a copy of a lettèx, on January 14, 1982, from Ronald S. Robinson, Operation and Maintenance Specialist from the Department of Ecology to Mayor McClure indicating the results of a recent inspection of the wastewater treatmeht plant indicates that replacement of the metal parts of the spiragesters will be required soon unless a new treatment facility is built. I I I 337 KI.NUT- ES - QP_T HE - REG llLAR- S_E.5- S I OJ;'J- O.L .IAN.. UAR Ll,9 _,_1,9 J3- 2- C.on.t_. A letter from Mayor McClure to Frank Vane of the Ocean Grove Lot OWner's Association dated January 13, 1982, was copied for the Council informing him of the Council's action on their request for water service and his opinions on the subject. I The Council received a letter dated January 11, 1982, from Joseph Wheeler, Director of Centrum, requesting $3,000 from the Hotel/ Motel tax to assist in promoting the 1982 Port Townsend Summer Arts Season. Mayor McClure referred this to the Finance Committee. The Council received a request from Mayor McClure dated January 13, 1982, that they approve the concept of a mutual effort with Public Utility District No.1 to produce a Comprehensive Water Plan for East Jefferson County from the Southerly limit of the Tri- Area System North. Mayor McClure referred this to the Water Com- mittee. The Council received a letter dated January 11, 1982, from Jay Vollmer requesting relief from garbage bills because Olympic Disposal did not collect garbage during the period of time snow was on the roads in town. Mr. Grove sent a copy of 1:he letter to Ms. Agnes Walker of Olympic Disposal on January 14, 1982, requesting a written response from her. No answer has been received to date. Mayor McClure indicated it is the responsibility of every citizen to be responsible for their own garbage at times like this and he has addressed the issue in his column in the newspaper. A letter dated January 14,1982, from Thomas J. Majhan was copied for the Council requesting that a letter from Professor Ronald C. Phillips be read in the public hearing at this meeting on the expansion of the Kah Tai Nursing Home. Mayor McClure referred this to the hearing. I A letter received Janaury 14, 1982, from James A. DeLeo was copied for the Council opposing the relocation of the ferry terminal to the foot of Harrison Street and promoting a location at the end of Monroe Street.because there are more ways to route traffic in an emergency situation and the Monroe site offers much deeper water with some paved parking area already in place. He indicated that the money at the present time could be used to balance the present budget. The Council received a letter dated January 14, 1982'0 from Harriette Buchman thanking them for agreeing to share in funding the Clallam/ Jefferson Counties Juevenile Diversion Unit and requesting addi- tional financial help. Hayor McClure referred this to the Finance Committee. A letter from Mayor McClure to Ken Clark of Clark and Associates dated January 18, 1982, was copied for the Council requesting that he make a report of the progress of Phases 1 and 2 of their work on the Comprehensive Drainage Plan for the City and referring him to Robert DeWolfe as a resource for additional information. The Council received a copy of a publication from the Washington Game Department describing the values, and protectivE~ actions relative to wetlands. I A letter dated January 18, 1982, from Christina V. Pacosz was copied for the Council opposing the proposed expansion of the Kah Tai Care Center and encouraging programs which would keep the elderly at home. She suggested that a location out of town be considered for additional facilities if they are deemed necessary. The Council recétved a letter dated January 19, 1982'0 from Richard Ballou requesting that the Council reconsider his request for approval to use a mobile home for classroom use at the Church of Jesus Christ of Latter Day Saints Chapel on the corner of 24th and Kuhn Streets for the period of one year because overcrowding is causing them to exceed the fire code and because final approval for construction of their new facility in the Chimacum area has been received. As a result, he is confident that use beyond å year will not be necessary. 338 MINUTES OF THE REGULAR SESSION OF JANUARY 19, 1982 Cont. Mr. Paul Greenhalph was recognized and emphasized the need for the classroom and explained that confirmat~on has recently been received from Salt Lake City for, their ne~7 buildinq in Chimacum. Councilmember Hunt asked how many'-days'-the"-möbi1e' home.wo.uld',bei,j.,.n use. Mr. Greenhalph stated two days and possibly three. After a brief discussion, Councilmember Judy made a motion to approve this request for one year from this date which was seconded by Councilmember Hunt and passed unanimously by voice vote. ANNOUNCEMENTS I Mr. Levi Ross, co-chairman of the Energy Resource Commission, was recognized and explained that a local advisory committee has been formed by the Regional Council of Government will serve many of the same functions as the City Energy Resource Commission. He recommended that the Energy Resource Commission be desolved and one person be appointed to represent the City on the Energy Advisory Committee for the Regional Council. Mayor McClure suggested -that- ,he::;co:htact Mr. Abraham and have the necessary document prepared to repeal the ordinance establishing the Energy Resource Commission. Mr. Charles Wallin was recognized and requested that the City Council recommend to the state to delay the construction of the new ferry terminal to allow the funds to be used elsewhere until after the Hood Canal Bridge is reconstucted and the need can be re-evaluated. Mayor McClure announced that Brent Shirley has been appointed to the Regional Council and Janis Hunt has been appointed to the Transit Authority. He also announced that in addition to Council- members Kenna, Parker, and Shirley, Stephen Hayden, Lowell Bogart, Peter McBurney, Peter Simpson, and Sally Pollison have been appointed to an Ad:-Hoc Committee to review the plans for the Port Angeles Savings and Loan Building. He indicated the committee will be meeting at 3:00 P.M. in his office on January 20, 1982. I Mayor McClure indicated he has in his posession a copy of the Port of Port Townsend Comprehensive plan which he would like each Councilmember to read. COMMITTEE REPORTS Mayor McClure explained that he has prepared a proposed restruc- turing of standing committes of the Council which was stimulated by the replacement of one Councilmember and the expression of some Councilmember to be assigned to something:I\n:ew. He then presented the following proposed assignments: Legislative - Kenna, Judy, Imislund St./Sewer/Light - Ciprioti, Parker, Hunt Finance - Judy, Imislund, Kenna Parks/Property - Imislund, Hunt, Ciprioti Water/Fire - Shirley, Kenna, Judy I Police/License - Hunt, Shirley, Parker Human Affairs/Library - Parker, Ciprioti, Shirley Hydro-Electric should remain as Ad Hoc with Kenna, Judy and Imislund. Emergency Service and 911 will be covered by Fire Committee. After a brief discussion in which some Councilmembers expressed a desire for modification to this list, it was suggested that this proposal be discussed in two weeks at the next regular council- meeting. ,339 MINUTES OF THE REGULAR SESSION OF JANUARY 19~ 1982 Cont. Youth/Senior Citizen/Human Affairs. Councilmember Shirley indicated that the Council received correspondence from Jefferson General Hospital indicating that funds have been cut and there is a need to decide ways of local participation. Mr. Grove was instructed to administer the Oath of Office to Councilmember James Parker at this time which he did. I PUBLIC HEARING I Sfloreline Substantial Development Permit Application - Kah Tai Care Center. Mr. Grove was called upon to introduce the application which he did by reading the following description: The proposal is for the expansion of the Kah Tai Care Center. The site is described as Lots 13 through 22 Block 24, Railroad Addition to Port Townsend, Section 10, Township 30 North, Range 1 West, W.M. The proposed project would be the construction of a 2 story, 22,000 square foot addition to the existing care center. The expansion would increase the capacity by adding 60 beds and 9 independent living units. Also included are administrative offices, storage rooms, and a dining area. An access road and parking areas are planned to be located behind the structure. Site preparation, as recommended by the applicant's soil engineer, calls for removal of the upper layers of topsoil &own to a layer of sand and gravel till. It is further recommended that the excavated area be rolled and compacted, filled, and foundations for the structure placed on the fill. The excavation would remove approximately 1,800 cubic yards of material. The project site is a combination of active marsh, seasonal wetland, and upland fill. Vegetation and ground cover includes cattails in the active marsh, grasses, blackberry bushes, and a large stand of snowberry plants in the center of the site. While the marsh does not appear to be a significant nesting area, it does serve as a feeding area for waterfowl. City Attorney Glenn Abraham explained tha the Shoreline Commission has made cer- . tain findings which would need to be made if the application for permit is to be denied. He indicated that he has provided the Council with a sample of findings which would need to be made if the Council decides the permit should be granted which was done at the request of three Councilmembers. Mayor McClure then opened the hearing to the public. Mr. Thomas Majhan was recognized and spoke in favor of the application pointing out that the permit process is not designed to prohibit development, but to plan for it. He explained that the site in question is within a conservancy area and the Care Center was in the area prior to the designation. He explained that what is being requested is a conditional use permit which is provided for under the existing law. He expJJàined the history of the lagoon and described its present condition as a "brachish unnatural body of water". He explained that the Master Plan does provide for economic development of the area and this proj ect would provide additional jobs for the area. Mr. Knö.w]) , Hunt was recognized and introduced himself as the architect for the proposed project and described the layout of the project on the si te. He indicated that parking off the property is an al ternati ve they are considering. Mr. Vince Lux Jr. was recognized and intro- duced himself as a science teacher at Port Townsend High School. He explained that his students have studied the lagoon for several years and indicated that about 99% of the damage done to the lagoon p~cured in 1964 when it was filled with drege material. He described the present ecologic makeup of the area, and the biological changes as a result of salt leaching into the area. He indicated that the only problem he has with the area is the introduction of ashpalt paving on area not a part of the building. Mr. GeorgE:! Avis was recognized and spoke in favor of the application as Administrator of the Kah Tai Care Center. Mr Avis introduced Mary Hussell, president of the resident council at the Care Center. She indicated that she has been pleased with her care at the center for the past twelve years. Mr. Avis then introduced Mr. Jim Rogers who is also a resident at the care center. .MIr. 0 Röge,rs indicated that he had been a resident in eleven other nursing homes and this is the best. He explained that the care center can not adequately service the community at its present ,size. Mr. Avis explained hmv residents in the home are listed on a waiting list for months ai: the present I 340 MINUTES OF THE REGULAR SESSION OF JANUARY l,9, 1982 Cont. time. He explained that congregate care facilities will not replace the need for nursing homes. He indicated that the owners have indicated that they will not build a separate facility in Jefferson County. He presented the Council with a large group of petitions in support of the application. Mrs. Donna Barber was recognized and spoke in favor of the application indicating she feels we need to make room for these people. Mr. David Johnston was recognized and spoke in favor of the application because he felt it was consistent with the Shoreline Management Act. Mr. Vern Hackett was recognized and spoke in favor of the application because he f~lt the expansion of the facility will allow services not presently offered' in Port Townsend. Mr. Ray Greer was recognized and spoke in favor of the application indicating the present facility has been compatible with the wild li~e in the area and some elderly perfer this type of care to that which can be provided by family members. Ms. Ginger Barrett was recognized and encouraged the City Council to come out in support of other options such as foster homes for the elderly, in home service, etc. whether or not this addition to the care center is built. Mr. Archie Barber was recognized and spoke in favor of this application because his associates are in favor and it is compatible with the master plan for shoreline development. Ms. Kris DeWeese was recognized and spoke ågainst the application because it would violate the Shore- line Management Act to approve it. She suggested an alternative location across the street. She explained that according to information she had obtained from the state, the Kah Tai Care Center would not need to duplicate all services in order to build across Kearney Street. She indicated that another certificate of need would be difficult to obtain for the Tri City Area if this project is approved. Mr. Russ Mohney was recognized and spoke' against the application because the Kah Tai Lagoon is a unique body of water and alive with a new eco-system which would be adversly affected by this development. Ms. Leslie Sirag was recognized and spoke against the application because her father considers it a land grab by a private institution. She would like to see the lagoon left in its present state. Peggy Albers was recognized and spoke against the application encouraging the Council to recognize the thought behind the decision of the Shoreline Commission. Councilmember Judy reported that the lagoon is high right now and the Port of Port Townsend indicated that the drain is functioning properly. Mr. Stephen Hayden was recognized and spoke against the application presenting the Council with a map indicating his assessment as to where the waterline is in relation to the property lines and the proposed construction. He indicated that the lagoon would be continously polluted by runoff from the proposed improve- ments to the Care Center and another site across the street is available. Mr. George Yount was recognized and indicated that he was involved in a court case which went all the way to the State Supreme Court on a similar issue relative to wetlands and their economic impact. He indicated that shorelines of statewide significance cannot be filled in. Ms. Janeen Hayden was recognized and spoke against the application supporting the recommendation of the Shoreline Commission. She indicated that the lagoon is not a shoreline of statewide significance, but:is in a conservancy area. She reviewed the criteria for establishing a conditional use from the Shoreline Master Plan. She read from the performance stand- ards regarding construction on wetlands and landfill and expressed her opinion that this project does not meet those standards. She presented photographs which were alleged to show where the water- line is relative to the proposed site. Councilmember Hunt asked Ms. Hayden how she would propose transport of food, etc. across the street to the alternate site proposed across Kearney Street. Ms. Hayden suggested tunnels or overpasses be considered. Council- member Hunt asked Mr. Abraham to clarify the question about the vacation of Lawrence Street. He indicated that it is a factual question as to where the waterline is because the law is clear about the streets which abutt on the water. He .reminded the Council that the street vacation is not the issue at hand. Ms. Hayden was recognized again and attempted to enourage the Council to consider the street vacation as part of the shoreline determination. Ms. Kris DeWeese was again recognized and suggested that the way to transport food to a facility across the street would be to haul I I I 34,1 MINUTES OF THE REGULAR SESSION OF JANUARY 19, 1982 Cont. I it in the back of a truck. . Mr. George Avis was recoqnized and explained that the property across the street has not been offered to the Care Center at any time and that the construction of apart- ments on that property is being considered making it unavailable to the Care Center. Mr. David Johnston was recognized and challenged the map submitted to the Council by Stephen Hayden pointing out that their map was prepared by a registered surveyor. Ms. Janeen Hayden was again recognized and related a conversation she had with the owner of the property across Kearney Street in which he stated to her that the property is available for sale now. Ms. Colleen LaBotz was recognized and spoke against the application reminding the Councilmembers of their oath of office stating that they support the consitution and laws of the State of Washington. Mr~ Richard LaBotz was recognized and spoke against the application comparing 'it to the City giving up a portion of Chetzemoka Park for the Care Center. Mr. George Avis was recognized and indicated that he would prefer to take care of his own business dealings and not go through someone else as it referred to the purchase of property across Kearney Street. Mr. Tom Majhan was recognized and testified that the difference between the testimoney received by the Council and that received by the Shoreline Commission is the Council heard from a recognized biologist who has studied the area. Mr. Knowl Hunt was again recognized and explained that only the soil in the location of the buildings would be taken out and not the whole site. He indicated that the Kah Tai Care Center is prepared to meet all the requirements or conditions suggested by the planning staff to the Shoreline Commission. There being no further testimony, Mayor McClure closed the hearing to the public and turned t,he application over to the Council for disposi1t1on. At this point Councilmember Shirley excused himself from the room expressing concern that he did not want the deliberations of the Council challenged based upon the appearance of fairness doctrine. After a brief discussion as to which waterline might be considered, Councilmember Kenna asked for comments from the County Planning Staff. Mr. David Goldsmith was recognized and explained that the conditions proposed by the Planning Department were not discussed a~' the Shoreline Commission. Councilmember Imislund asked Mr. Abraham regarding the law regarding this application. Mr. Abraham indicated that the law is a basic statement that the shorelines are of vital importance to all of us and should be protected consistant with private ownership. He explained that the law does not prohibit construct,ion or develop- ment in the wetlands but calls for orderly development and proper recognition of the importance. of shoreline and wetlands. Council- member Imislund asked Mr. Abraham if the laws were guidelines only and his answer was a qualified yes. He explained that the Council is to determine the facts relative to the application balancing the public interest in the shoreline with the private interests of the Kah Tai Care Center and the proposed park in t,he area. Councilmember Iminslund asked that the Council take into account all the correspondence received on this application. Mr. Abraham indicated that the Council has the ability to make determinations that do not agree with the recommendation of the Shoreline Commis- sion. Mr. David Goldsmith was recognized and equated the Shoreline Master Plan to a zonigg ordinance as it pertains to shoreline related matters. He explained that if the City Council decides to approve the application, the state department of ecology has determined that they wish to review proposals of this type because it is a use farthest removed from the intent of the act. Mr. Abraham reviewed two cases similar to this which were settled in court clarifing that the City Council can approve development with- in the wetlands. After a brief discussion, Councilmember Hunt made a motion to approve the application which was seconàed by Council- member Parker. After a brief discussion the City Att,orney explained explained that the approval must also include findings. Council- member Kenna made a motion to amend the main motion to add the following conditions to the approval which was seconded by Council.,... member Judy: ' I I 342 MINUTES OF THE REGULAR SESSION OF JANUARY 19, 1982 Cont. I) A building set-back of 50 feet from the edge of the lagoon as of January 19, 1982, shall be maintained, 2) Excavated matèrial shall be removed from the site or stored away from the marsh area until ultimate disposition, 3) During site preparation, machinery and side castings shall be kept away from the march area, 4) The access road as well as parking lot shall be located away from the project area, 5) Erosion control measures shall be employed during constuction, 6) A storm water drainage and management plan shall be devleoped by the permittee and approved by the City of Port Townsend. The plan shall specify run-off amounts and frequency, catch basin size and location, oil separators or other pollution control devices, and utilmate discharge points. The plan shall b:e~iácorp~).1:at.èà~:in:tcL:con:s:t:tuction plans and implementation, and 7) All privately owned shoreline areas be accessable to the public. After a brief discussion as to the possible conflicts with fire protection for the Care Center, Councilmember Hunt clarified the main motion to include the following findings which received con- currance from Councilmember Parker who seconded the main motion: It is found: (1) The application relates to the expansion of a facility which has been located within the designated conservancy area for many years. (2) The applicant's facility, Kah Tai Care Center, was in place at the time the master program of comprehensive shorelines use was adopted. (3) The expansion of the existing facility, as comtemplated in the applièation, will have no unreasonable adverse effect upon the public use or access of and to Kah-Tai Lagoon, nor will it adversely affect the environment or ecological system of said lagoon. (4) Although the area in question has been designated a conservance area, it has not in the memory of man been in its natural state, but has during all of the century been encumbered with causeways, viaducts, fills and trestles. More than half of its original area has been filled. (5) Two sides of the area in question are devoted almost entirely to commercial uses, and the other two are closely crowded by streets and roads. (6) The City has in progress a park development plan for Kah Tai Lagoon which will develop the area in a manner best suited for public use and enjoyment. (7) The development sought by the applicant will not affect the development of the park planned for the area by the city Council. (8) The recognition of the private right of the applicant to expand it's existing facility is not inconsistent with the public interest. (9) There is a need for additional care center facilities in this city, and no other proposals are forthcoming. (10) The proposed project constitutes orderly development within the meaning of the Shorelines Management Act and the master program. Councilmember Hunt suggested that the following finding be included to introduce the conditions suggested in the amendment proposed by Councilmember ~enna. (1) The proposed use of the site and design of the project will not interfere with normal public use of the public shorelines, nO'r will the public interest suffer any substantial detrimental effects, if the following alterations are made in the plan: The amendment proposed by Councilmember Kenna was passed unanimously by voice vote. Mayor McClure read the findings in full for the public along with an introduction to those findings prepared by the City Attorney. Councilmember Kenna made a motion to delete findings 3 and 4 from the main motion which was seconded by Councilmember Judy. Mr. Abraham explained that the statement similar to the third finding is necessary for consistency and indicated that if the finding proposed to introduce the conditions is included, it will essentially say the same thing. After a brief discussion, the motion failed by roll call vote with three Councilmembers voting against the motion. Councilmembers Kenna and Imislund voted in favor of the motion. I I I 343 ~~UTES OF THE REGULAR SESSION OF JANUARY 19, 1982~ Cont. Councilmember Kenna made a motion to delete finding 3 only which was seconded by Councilmember Hunt and passed unanimously by voice vote. The main motion passed by roll call vote with four Councilmember voting in the àffirmative. Councilmember Imislund voted against the motion. I Mayor McClure declared a recess to the meeting at 11:06 P.M. The meeting was reconvened at approximately 11:15 P.M. èouncilmember Shirley returned to the meeting at this time and all Councilmembers present earlier in the meeting were again present. Councilmember Kenna suggested that the present level of the lagoon be established as soon as possible and made a motion to require the Kah Tai Care Center to hire a surveyor to establish where the line is at present. Councilmember Judy seconded the motion. Mr. Goldsmith suggested that a stake be placed in lieu of requiring a survey. Mr. Abraham suggested that the mean high water mark would be a better point of referrence. Councilmember Kenna withdrew his motion and Councilmember Judy withdrew his second in favor of Mr. 'Goldsmith's suggestion. Mr. French was instructed to place the stake for later referrence. OLD BUSINESS I Shoreline Management Substantial Development Permit Application - Washington State Department of Transportation. Mayor McClure explained that the Council is not conducting a public hearing on this application but will accept any public comments offered. Mr. Charles Wallin was recognized and added to his previous comments stating the view should not be obstructed by the new ferry terminal. Ms. Barbara Bogart was recognized and reminded the Council that the decision to select this site was made previously and is not a part of the permit application discussion. Mr. Stephen Hayden was recognized and requested that the plan include a bicycle lane through the area. Mayor McClure expressed his support of the request and indicated that there is room for a sm~ll lane to be painted in. Mr. Dee Freeman was recognized and explained that the three feet avail- able is really not adaquate when cars are parked in the holding lane because of opening doors. It was indicated that the majority of the time the overflow holding land for the ferry will not be used and could be used by bicycles without difficulty. A discussion of area designated for dropping off passengers was discussed. Mayor McClure explained that the state will not accept the deed which was conveyed to them by the City on portions of the street that are underwater because they include a stipulation that the property be returned to the City after constuction and they can only return a portion. A discussion of land acquisition ensued. Councilmember Shirley made a motion to accept the recommendation of the Shoreline and approve the application under the following cònditions with the following findings: I CONDITIONS 1. Dredging and fill activitie1S as pile driving shall be coordinatec with the Washington State Department of Fisheries and Game so as not to occur during critical periods of fish migration. 2. The dredge spoils deposit site shall be approved by the govern- mental entity having jurisdiction and will be reviewed for applic- ability of any local regulations and impacts on the environment in accordance with the Washington State Environmental Policy Act. 3. Over-water decking shall be sealed to prevent pollutants from entering the bay, and all surface drainage shall be routed through oil separators or grease traps prior to disposal. 4. The facility shall be consistent with the fire prevention and flammable materials handling requirements of the U.S. Coast Guard and/or Washington St~te Fire Marshal. 5. Pedestrian access shall be provided along the seawall to provide a linkage with the central business district of the City of Port Townsend. 344 MINUTES OF THE REGULAR SESSION OF JANUARY 19, 1982 Cont. 6. Dock lighting shall be hooded or shaded so as not to cause a hazard to navigation or vehicular t~affid, or a nuisance to other properties. 7. The terminal facilities shall be marked in accordance with U.S. Coast Guard regulations governing lights, beacons, and other aids to navigation. . 8. All lögs, debris, and organic materials shall be removed prior to placement of the fill. 9. Approval shall be contingent upon the purchase or lease of the necessary property by the State of Washington. I FINDINGS 1. The proposed project will be reviewed under the following sections of the Jefferson-Port Townsend Shoreline Management Master Program: 1/20 "Purposed, 2.40(7) "Secondary Use" (reference 5.5003 "Unclassified Developments"), 4.20 "Urban", 5.270 "Docks and piers", 5.200 "Dregding" , 5.210 "Landfills", and 7.10 "Variances." 2. The proposed project has been administratively classified as an unclassified use on an urban shoreline. 3. The applicant seeks a variance from Section 5.2003, performance standards or dredging that requires disclosure of the location of the placement of dredged material, and Section 5.2103(b), a per- formance standard prohibiting landfills on tidelands. 4. The proposed project requires the following permits in addition to the shoreline substantial development permit: a. U.S. Army Corps of Engineers Section 404 Permit. b. Washington State Department of Fisheries Hydraulics Permit. c. Washington State Department of Ecology Water Quality Cert- ification. d. Washington State Department of Natural Resources Deep Water Dumping Permit (if applicable) 5. The proposed project has been processed and reviewed in accord- with the Washington State Environmental Policy Act Guidelines (W.A.C. ~97-10) by the Washington State Department of Transportation as lead agency. The department issued a declaration of non-sig- nificance thereby declaring the anticipated environmental impacts do not merit the preparation of an environmental impact statement. 6. The proposed project is a land-water connector and a water dependent use. 7. The proposed project is a public use facility. 8; The location is the one recommended by the Port Townsend Ferry Terminal Mediation Group. 9. Notice of the applièation was made by publishing legal notices in the October 14 and 21, 1981 editions of the Port Townsend Leader, posting the subject site with notices on November 4, 1981, and notifying by mail immediate adjacent property owners and appropriate agencies. 10. Notice of the public hearing scheduled for December 16, 1981, was made by publishing a legal notice in the December 2, 1981, edition of the Port Townsend Leader and notifying by mail immediate adjacent property owners, appropriate agencies and all parties requesting notification. 11. An inspection of the subject site was made December 4, 1981, by members of the Jefferson-Port Townsend Shoreline Managment Advisory Commission and a representative of the Jefferson County Planning Department. The motion was seconed by Councilmember Hunt and passed unanimously by voice vote. I I ADJOURNMENT There being no further business, the meeting was adjourned at 11:47 P.M. MAYOR ~~