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Home My WebLink About08/06/1985 I I I 179 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1985 --------- _._-_._,~---~--_._,------ ----------------------,----------- -- ~-- ~--- --~~-----~-, --~----- Councilmembers present at roll call ¡Glenn Ison, Vern Jones, Mike Kenna, Keith Harper, Publ ic Works Director I ! this 6th day Mayor Brent ¡ I ! i I i ! , were Jean Camfield, Janis Hunt, Frieda Imislu~d, and Jim Parker. Also present were City Attorhey ¡ Ted Stricklin, and Clerk-Treasurer David Grove. I ¡ I , I I i I isted as Mitchel Crest in i that the minutes be approve~ which was seconded by Counc~l- The City Council of the City of Port Townsend met in regular session of August, 1985, at 7:30 P.M., in the Council Chambers of City Hall, Shirley presiding. ROLL CALL MINUTES Councilmember Hunt pointed out that Mitchel Press was the minutes of July 16, 1985. She then made a motion as corrected and to dispense with the reading of them member Jones and passed unanimously by voice vote. BILLS AND CLAIMS The following bills and claims were presented for payment: Current Expense Street Library Parks Hotel/Motel Transient Tax Emergency Medical Services Kah Tai Park Water-Sewer Equipment Rental Firemen's Pension and ReI ief $29,660.06 4,651.19 5,217.90 748.57 2,741.32 457.38 42.92 11 ,888.92 34,000.34 84.70 Councilmember Hunt made a motion that the bills and claims be paid from the proper funds which was seconded by Councilmember Ison and passed unanimously by voice: vote. COMMUNICATIONS The Council received a letter dated July 27, 1985, from Victor and Verna Coster requesting that the council change the date for the hearing on their rezone appl ication to September 17, 1985. Mr. Grove explained that no notices have been sent or publ ished yet for the first date selected. Councilmember Kenna made a motion that the hearing be rescheduled for the regular councilmeeting on September 17, 1985 which was seconded by Councilmember Jones and passed ¡unanimOUSlY by voice vote. , A letter dated July 29, 1985, from Richard Dick, General Manager for Courtesy Forp, to Ted Strickl in was copied for the council requesting permission to remove six' Madrona trees on street right-of-way west of 1933 Sims Way. After a brief dis- cussion, Councilmember Hunt made a motion to deny the request which was seconded' by Councilmember Kenna and passed by voice vote with five councilmembers voting in the affirmative. Councilmembers Ison and Parker voted against the motion. Councilmember Kenna asked the mayor to make a personal contact with Mr. Dick to explain that these trees are being retained to provide a green belt in that area. ; , IA letter dated July 30, 1985, from J. William Needham to Mr. Mitch Press of the Jefferson County Planning Department was copied for the council requesting that expansion of the Kah Tai Lagoon be 1 imited to an area no closer than 210 feet from neighboring property so as to not impose shoreline permit requirements on them and suggested that a portion of this area be set aside as a holding area for ferry traffic. Mayor Shirley referred this letter to the discussion of the shorel ine permit ~¿heduled for; later "in thé meeting!: A letter dated July 30, 1985, from Barbara J. Ritchie of the Department of Ecolog~ was copied for the council explaining that revegetation of areas in the Kah Tai I Park may be unsuccessful if attempted too late in the growing season and followuPi in the spr i ng may be necessary. Mayor Sh i rl ey referred th is unt ill ater in the ¡agenda. The council received a copy of the Resource Team Report from the National Main Street Center which was presented at a public meeting on March 28, 1985 in Port 1 80 MINUTES OF THE REGULAR SESSION ON AUGUST 6, 1985 Cont. ---- ------ -----------..--- - . ------- --- ....,-------------_._--,------- ---------- -----.--------- ---_.. ------------. ------ --------------------~---,---,--------------,-,---.,-",,--,---, Townsend. Councilmember Hunt suggested that this be put on the agenda for the Council Retreat. COMMITTEE REPORTS Mayor Shirley reported that he and Mr. Stricklin met with Mrs. Small and determined that no further action is necessary regarding the tree cutting on street right-ofl way. When asked whether restrictions on water use have been imposed, Mayor Shirley in- dicated that no formal requirements have been made, but there have been and will be articles in the newspaper encouraging people to conserve. Water/Sewer/Street. Councilmember Kenna reported that the Public Utility District has made formal application for a permit to construct a hydro-electric generating plant at the city's water source. Mayor Shirley explained that this was done to buy additional time to consider the alternatives. Legislative/Environmental. Councilmember Kenna reported that the final draft is nearing completion on the sign ordinance and he hopes to have copies to the council for the retreat. ¡'Water/sewer/street. Councilmember Parker reported that he met with the mayor and representative from the Seaview Estates area who presented the city with $8000 and agreements to share in the cost of forming a Util ity Local Improvement Distri€t. He explained that the next step is to define the service area, pass a resolution I indicating the city's intent to form a local improvement district, and send out ,the prel iminary assessments. He indicated that Clark and Associates will be doing the preliminary work. ¡ Bridge Tolls. Mayor Shirley reported that the attornèys for the Fair Toll Coalition will be speaking in the Council Chambers of City Hall on August 14, 1985, at 4:00P.M. ¡He invited everyone to.attend and show their :uppo:t d~ring this m~eting which will help the attorneys decide where to go from this point In the lawsuit. I Parks and Property. Mr. Harper asked that a committee be assigned the responsibility to meet and consider the lease of city property to the Chamber of Commerce to allÓw ¡the expansion of the visitors information booth. He explained that a survey willibe ¡needed before the area can be discussed intelligently. Mayor Shirley assigned this Ito the Parks and Property Committee. I ì I I I !Shorel ine Substantial Development Permit Application No. SH10-85 - City of Port ~ownsend. Mr. Mitch Press was recognized and reviewed the results of the investi-I Igations of the Shoreline Advisory Board on the Development of Kah Tai Lagoon Park along with the recommended findings which require three variances from the Jefferson- Port Townsend Shoreline Management Master Program. He pointed out the areas of I development to the council on a map of the lagoon area. He then reviewed the communications received relating to this project. He explained that the board discussed the hardship imposed on adjacent landowners who would be brought under the jurisdiction of the Washington State Shoreline Management Act because of the new waterway and felt it was unfair to require substantial development permits for developments being planned by adjacent property owners who would not currentl~ ,need a permit. They recommended that any property owners brought under the I 'jurisdiction of the Washington State Shorel ine Management Act as a result of granting ¡this permit should not be subject to review under the act for a period of five! Iyears from the issuance date of this permit, or until the transfer of ownership, I ~hichever comes first. Mayor Shirley pointed out that it is questionable whether¡ ¡the city can do that. Mr. Press explained that after he talked with the Washingtqn IState Department of Ecology, he personãlly reached the conclusion that it would I inot be possible. Park Superintendent Kevin Burke was recognized and explained I , ¡¡that the reason the dredged area was extended so close to Twelveth Street was to I ,form a natural barrier between the play area and the larger natural area. He I !indicated that the Parks Department could I ive with the 200 feet setback. Mr. Stedhen ¡Hayden was recognized and requested that the council place a condition on their I ¡approval allowing the development to go in as proposed if the Department of Ecology ~ill allow the adjacent landowners an exemption and requiring that the plans be I Irevised if an exemption is not possible. After a brief discussion, Councilmembe; !Kenna made a motion that the council make the following findings and approve the ¡ ¡the following variances to grant the permit under the following conditions: I 1 NEW BUSINESS I I I I I I í - I 1 81 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1985 Cont. - --------"--"-- .. --------- ---- ------ -------------------------------,---------- ------ ---~, ;, 1.\ !::.: .V; S 1. TLe [011owin6 ~èctjc>r:s of t!,~ :ê::(--~~'~'~,-?Uft To\"-¡:~E:nd ShOIe!iLt }\~b;ú;gE:ITJ"nt },1!::ster Program é~,pìy to the V(,~,--ct: j 20, "P\1rp(lses~; 4.103, ~C()nSéT\.'anCY~; 4_203, ~CoIJdjtjc.,;,a!~; S./O, ~D¡eà~ing~; 5,]00, ~LGndfj]s~; 5.140. "Parking Focilities~: 5 J50, -Recreationa] FaciJities~; and 7.W. "General Variances," The proI--'osa] has bc,en còminjs~; aUvely c1é:~;sifjed 8S a conditional use 10 Ð conservancy sìlÚreline designation. Th~- proposed I--'roject varies from Performance Stcndards J and 2 of Subsection 5.JOO, "Landfi1ls". of the Jefferson-Port Townsend Shoreline Manbgement Mester Program äS it requires the fiJJing of wetJar:d aT'eas for a non,water dependent use, Tile proposal also varies from Performance Standard 5 of SuLsection 5. 70. ~Dredging", of the master program as it requires placEoment of dredged materials in a water body. Hah Tai Lagoon was partia]]y fi11ed by dredged spoils from the Port TowJJsend Marina in 1964. reducing its size to forty-three acres, All of the upland areas south of the e}jsting lagoon is comprisEod of this fill. The lagoon receives storm run-off from a wat er-shed of Gpproxirnately 700 acres, It is drained by a twelve inch diameter pipe extending from the lagoon area under the fill material to the Port Townsend Boat Haven \vith a tide fJap at its end to minimize salt v..'ater intrusion. The water in the lagoon is brackish, supporting salt water dependent vegetation. It is a mayjmum of four feet in depth. The proposed dredging to enlarGe the lagoon would eliminate the I}eed for 450 feet of this pipe. Past studies indicate that few fish inhabit the lagoon. Also. minimal vegetation grows on its bottom. The dredging, therefore, would have minimal impact on the biota of the lagoon. The 1.5 acre that would be dreèged to create the marsh near the southern boundary of the site would resuJt in a year-round marsh. This area is currently wet on a seasonal basis. All of the proposed structures and about 14,000 cubic yards of landfill material that would be used as berms for noise and visual buffers lie outside the 200 foot jurisdiction of the Jefferson-Port Tov.-nsend Shoreline Management Master Program. ,The proposal constitutes the first phase of the park's development. The second phase would include the conversion of an existing house and barn to a nature center and maintenance shed and the construction of mere trails. The second phase would be developed between the lagoon and 19th Street to the north. The proposal requires the following permits or approvals: 2. 3. 4. 5. 6. 7. 8. 9. 10. a. b. U.S. Army Corps of Engineers Section 404 permit. Wasmngton State Department of Fisheries and Department of Game hydraulics permit. City of Port Tovmsend buiJding permit. Jefferson County Public Utility District 1. Port of Port Townsend, and Jefferson County land leases. c. d. 11. The proposed project has been reviewed in accordance with the Washington 'State Environmental Policy Act by the City of Port Townsend as lead agency. A determination of non-significance was issued on July 16. 198~i declaring the anticipated environmental impacts were adequately addressed in the environmental checklist and preparation of an environmental impact statement was not necessary. Notice of the application was made by publismng legal notices in the June 19 and 26. 1985 editions of the Port Townsend Leader. posting the site with notices on July 3. 1985. and notifying by mail immediate éldjacent property owners. Notice of the public hearing scheduJed for July 31. 1985 was made by publish- ing a legal notice in the July 17. 1985 edition of the Port Townsend Leader and notifying by mail immediate adjacent property owners and interested parties. The hearing is held by the Jefferson-Port Townsend Shoreline Management Advisory Commission. An inspection of the site was made on July 19, 1985 by membe:rs of the Jefferson-Port Townsend Shoreline Management Advisory Commi~ssion and B representative of the Jefferson County Planning and Building Department. The shoreline of Kah Tai Lagoon would be altered due to the proposed, dredging. This would bring some adjacent landowners within the Washingt01 J I I f 12. 13. 14. 15. 182 MINUTES OF THE REGULAR SESSION OF AUGUST 6, 1985 Cont. -~---------- ------- -- -- n______------------ ,------------------------ --------..--- ---------~~--'----------'--'--- - -- -~------.----------------------------,--------------,--------,----._----------------------- , ---- - ---- , State Shoreline Management Act's 200 foot jurisdiction who are not currently subject to the act. I 1. A variance from Performance Standard 2 of Subsection 5.100, "Landfills'l, of I the Jefferson-Port Townsend Shorel ine Management Master Program to allow the fill ing of wetlands to create two peninsulas into the lagoon. VARIANCES 2. A variance from Performance Standard 1 of Subsection 5.100,I'Landfills", of the Jefferson-Port Townsend Shoreline Management Master Program to allow the creation of some berms within the 200 foot jurisdiction of the Washington State Shorel ine Management Act. 3. A variance from Performance Standard 5 of Subsection 5.70, "Dredging", of the Jefferson-Port Townsend Shoreline Management Master Program to allow the depositing of dredged material in water when upland sites are available.'- CONDITIONS 1. A revegetation plan shall be provided for review and approval to the Port Townsend Public Works Department that details the manner in which all distur~ed areas shall be revegetated. The plan shall be approved prior to the commence- ment of dredging and fill ing activity and shall assure the effective gradingJ compacting, and immediate revegetation of all disturbed areas. I 2. The placemynt of landfill material in Kah Tai Lagoon shall be accomplished in such a manner as to minimize the quantity of suspended sediments in the lagoon. 3. Should the dredged material being used as landfill be found odiferous, then a plan for mitigating these odors shall be immediately submitted to the Port Townsend Public Works Department for review and approval. In any event, measures for alleviating these odors shall be implemented as soon as possible after the occurance of the odors. 4. No work on the project shall begin until required leases have been secured. 5. One of two following events occur: a. The Department of Ecology grantsanexemption from the Washington State Shoreline Management Act for the property owners on the south side of 12th Street. b. The development be redesigned to move the waterway back 200 feet from the property on the south side of 12th Street. , , 'Councilmember Imislund seconded the motion. Councilmember Ison made a motion to amend .the proposed conditions to replace section 5.b. with the following statement: b. If the Department of Ecology does not exempt adjacent property owners from the jurisdiction of the Washington State Shoreline Management Act, no dredging will be done within 210 feet of 12th Street. :', The motion to amend was seconded by Councilmember Hunt and passed unanimously by I voice vote. The main motion passed unanimously by voice vote. ADJOURNMENT There being no further business, Mayör Shirley declared the meeting adjourned at 8: 33 P. M. . 63:t2 Mayor Attest: )}~~ City Clerk I I I