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HomeMy WebLinkAbout02/07/1978MINUTES OF THE REGULAR SESSION OF FEBRUARY 7,__1~_7_8 (~n~._) MINUTES A motion was made by Councilman Camfield to approve the minutes of Jan- uary 17, 1978, as written and to dispense.with the reading of them which was seconded by Councilman Ciprioti. The motion passed unanimously. Councilman Parker arrived at this time. COMMITTEE REPORTS Legislative/Environmental Councilman Shaneyfelt reported that the amended en- vironmental checklist prepared for Mr. Fischback's preliminary plat of Galleon View Estates has been reviewed by this committee and theyrecommended that a proposed negative impact declaration be issued by the Council. The Gilford environmental checklist on t~e expansion of his plant was reported to be under review, however additional information would be needed in order for a recommen- dat,ion to be made. The Huber Apartments development environmental checklist was reported to be incomplete and that additional information was requested from the proponent. Councilman Shanneyfelt moved that a proposed negative im- pact declaration be issued by the Council on the Fischback proposal which was seconded by Councilmember Smith and passed unanimously. Appointments Mayor Steve reported that he has selected Harry B. Hopper for appointment to the Civil Service Board to replace Mr. Earl for a term to ex- pire on December 31, 1981 and Paul Jacobson and Lois Flori have been selected to serve on the Park Board. Mayor Steve reported that his choice for a~point- ment to the Shoreline Advisory Commission is Roger French, but at the request of a Councilmember,he will withold this appointment. Councilman Wilson asked why ~ Councilmember Smith explained that she felt it shout~be discussed more. She stated as a City Administrator, Mr. French provides technical and adminis- trative assistance in a similar manner as the County Planning Dept. and has abstained from voting. She further stated her desire would be for another layman to be appointed. Councilman Shaneyfelt asked if there was a shortage of candidates and Mayor Steve said there were no others. Councilman Wilson stated he saw no problem Roger French should not be appointed and made a motion to radify his appointment which was seconded by Councilman Ciprioti and passed by roll call vote with five Councilmembers voting in the affirmative. Council- members Shaneyfelt and Smith opposed the motion. COMMUNICATIONS Mayor Steve indicated that he would postpone the written communications on the Kah Tai Lagoon until the public hearing. It was noted that other com~ munications were received related to other items on the agenda and would be brought out in conjunction with them. Mayor Steve announced the terms set for the Park Board. BILLS AND CLAIMS The following bills and claims were presented for payment: Current Expense Streets Library Park Water-Sewer Equipment Rental Fireman's Pension and Relief Federal Shared Revenue 1978 Water Construction P.W.E.A. Payroll Clearing 91,578.48 3,~883.29 3,2%5~78' 1,276.48 22,908.90 2,712.35 ~ 26.20~' 7,564.68 70,554.94. ~420~%0 ~0,269.37 A motion was made by Councilman Ciprioti and seconded by Councilman Judy that the bills and claims be paid which passed unanimously. MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1978 ~cont_~. A~OUNCEMENT Mayor Steve announced that there will be a lectern placed in the audience area connected to a public address system soon to be installed[ availabt~ for citizens to use in addressing the Council. He indicated a card box will be set by the door for citizens to put their name and subject on the card which he will use to call upon them. Councilmember Parker reported that he has received several letters from members of the'Silver Spurs 4-H Club requesting horse trails be put in along the roadside in the City. OLD BUSINESS ORDINANCE 1799 AN ORDINANCE VACATING SECOND STREET LYING BETWEEN BLOCKS 287 and 312 OF THE EISENBEIS ADDITION, SECOND STREET WHICH DIVIDES B~OCK 286 and 311 OF THE EISENBEIS ADDITION, HILL STREET BETWEEN FORTY-NINTH AND FORTY-THIRD STREET, FORTY-FIFTH AND FORTY-SEVENTH STREETS, CORONA STREET BETWEEN BLOCKS NINE AND TWENTY- THREE OF DUNDEE ADDITION AND CROSS STREET BETWEEN UMATILLA AND WOODLAND AVENUES. The above Ordinance was 'read for the first time. A motion was made by Councilmember Camfield that the first reading be considered the second,third be by title only which was seconded by Councilmember Ciprioti and passed unanimously by roll call vote. A motion to adopt Ordinance 1799 was made by Councilmember Judy and seconded by Councilmember Wilson. The motion passed unanimously by roll call vote. ORDINANCE 1798 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, PROVIDING FOR THE ISSUANCE AND ' SEWER REVENUE BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $395,000, TO PAY PART OF THE COST OF ACQUIRING, CONSTRUCTINGAND INSTALLING CERTAIN ADDI!TIONS AND IMPROVEMENTS TO END EXTENSIONS OF THE EXISTING WATER AND SEW/ER SYSTEM OF THE CITY AS AUTHORIZED BY ORDINANCE 1797; PROVIDING AND ADOPTING CER- TAIN COVENANTS AND PROTECTIVE~FEATURES SAFE- GUARDING THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; CREATING A BOND REDEMP- TION FUND AND CONFIRMING THE SALE OF SUCH BONDS. Attorney Abraham explained that this is the Ordinance authorizing the part- ial funding of the improvement project approved at the last Co~ancil meeting through the sale of revenue bonds. A motion was made by Councilmember Camfield that the first reading be considered the second, third be by title only which was seconded by Councilmember Shaneyfelt and passed unanimously by roll call vote. Councilmember Judy moved to adopt Ordinance 1798 which was seconded by Councilmember Ciprioti and passed unanimously by roll call ~ote. PUBLIC HEARINGS PLANNED UNIT DEVELOPMENT No. 7711-05 Port of Port Townsend Mayor Steve convened a public hearing to accept testimony both oral and written from citizens present in the audience. He first asked for testimony in favor of the proposal. Mr. David Douglas was recognized and described the area involved in this rezone application pointing out oh a map the areas to be used for park and for commercial development and outlined the plans for improvements and the efforts made ta meet the state ~nd local requirements. Mr. Beck was recognized and indicated h~ is in favor of the app&ication. R.A. Gingles was recognized and indicated his support for the application stating it would im- prove the appearance of the entrance to town and support the exsisting'business MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1978 (cont.) community% Del'Graham was recognized'and indicated that he is in favor of the application and wanted to make three points. In reference to a letter received by the Council from J. Richard Aramburu, he stated that the streets in the plat belong to the property owners abutting them and not the City who is merely the custodian. He asked that the Council not attempt to take the role of protector for the economic integrity of downtown and request that Councilmember Smith not participate in the Councils decision on this matter because she is a downtown business owner. Ray McGowan was recognized and indicated his support 6f the application and stated the planning Commission had worked hard on this and held their bearing. H.J. Carroll was recognized and indicated that this development is the answer to a long time dream of his. Mr. Beck explained that 20% of the~ revenue generated form the sale of the commercial land will go into the park. There b~ing no further testimony offered at this time in favor of the proposal Mayor Steve called for testimony from those opposing the proposal. Roy Bergstrom was first to be recoghized to speak opposing the proposal and indicated he had been selected to represent the downtown business people. He then read a prepared statement indicating the proposal does not comply with the comprehensive plan and zoning ordinance which he quoted. He requested that a complete environmental impact study be made and the application ve tabled un- til it is done. Stacy Thompson was recognized and stated that he operates a health food store downtown and depends on a concentration of pedestrian traffic to support his business and the proposal would dilute that support. He requested that the proposal be denied and efforts be made to improve the downtown district. Dale Amell was recognized and stated that he is not worried about what business they are going to put there except as it affects the utilities. He requested that the decision be made on what is best for the citizens fo Port Townsend and not outside developers. Gigi Stockton was recognized and indicated she likes Port Townsend the Way that it is. non Sikes was recognized and indicated he is opposed to rapid commerical growth. Phyllis Hopeck was recognized and read a letter signed by 42 citizens reported to live adjacent to the proposed area opposing the proposal because of potential costs to taxpayers, the actual use is unstated, congestion would result, the scenic entrance to town would be destroyed, and the comprehensive plan violated. Jeneen Hayden was recognized and indicated she signed the letter submitted and stated the proposed park is only landscapihg for the commercial area. She stated this application is not a P.U.D. as defined by the ordinance. She requested that the laws be enforced. Steve Hayden was recognized and indicated that only a few supporters of the proposal were present at the hearing comparad to a large number opposed which he felt should stir questions by the Council as to the communities support of the proposal. Robert DeWeese was recognized and emphasized that downtown needs to be a year round business community and the economic impact deserves study. In rebuttle to the oppositi6n, Richard Fisher was recognized and indicat- ed h~ is in favor of the application and owns '40 residents in the area abutting the proposed P.U.D. Mr. Douglas was again recognized and reported that the Port has prepared a~seven page document addressing itself to many of the points expressed by the opposition which was presented to the Council. He stated a signed contract between the City and the Port would govern this development if approved and the ordinance protects the rights of the citizens. He stated that economic impact'considerations a~e not a part of an environmental impact state- ment. He indicated that the businesses' ~t w~u~d go into this development would not be in competition with the exsisting business_district but rather draw additional customers from the outlying county into the city. He explained that the park would cost $216,000 and the improvements that would be dedicated to the City will cost an additional $279,000 and the sale of the commercial section is the way they propose to pay for those improvements. He reported the additional tax income to the City is estimated at $25,000 for property tax alone. The purpose of the Port district is to provide economic growth to the area and if the proposal is not approved, the 23 acres of land will need to be disposed of under the exsisting zoning. Larry D~nnison was recognized and indicated he is opposed to the propo- sal. He stated that what is needed is more communication on the part Of those citizens going outside the community to meet their needs so~the present local business district can better supply them. Mark Welch was recognized and in- dicated the business cor~aunity has supported the City's comprehensive plan and he requested that the City Council support the business communities in their concerns. Having exhausted the list circulated and signed by those citizens plan- ning to address the Council during the hearing, Mayor Steve brought the audience participation to a close and requested that the Clerk, Dave Grove, read the correspondence which the Council has recei~ed.'~with the authors request that they be read during the meeting. Mr. Grove began to read a letter dated Jan. 9 MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1978 (cont.) 9, 1978 f~m the ~tanhing Commission, but stopped due~to the ~]ount of noise be- ing generated by citizens leaving the meeting. He suggested that a short recess be taken. Mayor Steve declared a five minute recess at 9:10 p.m. The meeting was reconvened at 9:15, at which time Mr. Grove read the pore tion of the Planning Commission letter that pertained to tb~s proposal recommend- ing approval of the applidation. Fifteen letters were read to the Council op- pos~g.~the application from the following people: Marg~ie W~lch, Dale and Darlen~ Amelt, Michael Strom, Robert Yourish, John and Mary Schill, Larry Dennison, Stacy and Sue Thompson, Jerry Bergstr~m, H.F. Hyatt, Ed Hobber, Mark Welch,and Roy Berstrom. Mayor S~eve indicated there were seven more letters in the same vaine and he read the heading of a petition'from the business community opposing the proposal which was signed by 100 people. He then read the heading of a petition signed by 594 citizens in favor of the'proposal and indicated this was all the information received on the proposal. Mayor Steve then turned the proposal over to the Council for a decision. A member of the audience requested to know the Ma~or's opinion of the proposal and he declared that he felt it should be passed. Councilmember Smith indicated that she felt some very valid legal points have been raised and that City Attorney Abraham is not in a position to be able to advise the Council because he is also the attorney for the Port. Mr. Abraham indicated that he doss have a conflict of interest. Councilmen~er Smith suggest- ed that the Council seak legal advice fr©m independent source. Coucilmember Ciprioti indicated he did not see a need for legal council on this matter. Councilmember Camfield moved to continue the hearing to the next ~egula~.meeting on Februar~ 21, 1978.which was seconded by Councilmember Ciprioti. The motion carried. It was suggested that the Council hold a work meeting before the next re- gular session in order to discuss this matter among.'themse~ves. Councilmember Shaneyfelt asked if economic impact data on the central business district could be obtained prior to that meeting. Councilmember Camfield made a motion to call a special meeting of the Council at or about 7:30 p.m. on Tuesday February 14, 1978, in the Council Chambers of the City Hall which was seconded by Councilmem- ber Judy. Motion passed. Councilmember Smith made a motion that the City secure legal council to them for this special meeting which was seconded by Councilme~er Camfield. Harry Halloway was suggested. The motion passed. SUBDIVISION APPLICATION NO. 7711-06 Galleon View Estates Mr. Grove read the recommendation of the Pl&nning Commission that the Council grant preliminary plat approval subject to the following condition¥ that the applicant, by private covenant of other means restrict residential structures to a height of one story. Mayor Steve opened up the hearing to the audience. Nick Papritz represent- ing the proponent was recognized and stated the condition presented in the Plan- ning Commission's letter is not the condition the applicant agreed to. He indi- cated he agreed that the height of the structures would not exceed 14 feet above the finish grade. Mr. Marsh from the Planning Commission was .recognized and asked to clarify this. Mr. Marsh indicated there was an error in the letter.and the following condition should have been shown, "a height of 14 feet above the top of the foundation line which shall be even with natural grade of land at the highest point of that land adjacent to the foundation". Water supply to this plat was briefly discussed as a result of a letter received from the Fire Chief. Councilmember Shaneyfelt moved to accept the recommendation and approve the preliminary plat with the revised condition subject to a negative declakation of environmental impact which was seconded and passed. Councilmember Smith asked if this water problem will be ~up to the City to solve. Mr. French indicated all present projects are concentrated in the west end to satisfy a more urgent need. She asked if ther~is anything that can be done to warn a potential buyer of the water problem. Mr. French said no and Mr. ~b~ham concurred. NEW BUSINESS Livestock Ordinance Councilmember Judy indicated he had requested an ordinance controlling the placement of livestock within the City limits be prepared be- cause there is not adequate coverage in our exsisting ordinance. Mayor Steve asked if Councilmember Judy would like this referred to the Legislative Commit- tee. Mr. Grove was instructed to read aloud the ordinance in its entirety which MINUTES OF THE REGULAR SESSION OF FEBRUARY 7, 1978 (Cont.) he did. Councilmember Judy made a motion to refer this to the Legislative Committee which was seconded by Councilmember Camfi~ld and passed. Interfund Loan from Water Fund t6 1978 Water Construction Fund Mr. Grove was instructed to read the proposed o~dinance in its entirety which he did. Mr. Abraham explained that the loan is necessary to pay bills.lthat have already been incurred for 1978 Water Construction and that repayment would be made when the grant money is received. Councilmember Camfield made a motion that the first reading be considered the second and third be by title only which was seconded by Councilmember Judy and passed~unanimously by roll call vote. Councilmember Wilson moved that Ordinance. No. 1800 be adopted which was second- ed by Parker and passed unanimously by roll call vote. See Ordinance below. ORDINANCE 1800 AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF $75,000.00 FROM THE WATER-SEWER FUND TO THE 1978 WATER CONSTRUCTION ~UND, AND PROVIDING FOR REPAYMENT. Park Property Councilmember Parker indicated that the garden club would like to know the Council's feeling toward their improvement of the triangle in front of the A'.& W on Sims Way. It was explained that Mr. Carrol would be willing to d~d the corner over to the City if the City will accept it for the purpose proposed. Mr. Abraham indicated approval of the concept by Councilmatic motion is what they are seeking. Councilmember Camfield made a motion to approve the concept which was seconded by Councilmember Parker. The motion passed by roll call vote with six votes in the affirmative, Councilmember Ciprioti.voted again- st the motion. OLD BUSINESS Corona Road Location Councilmember Judy requested that the road loCation of Corona Street be straightened out. It was indicated that part of the street and utilities are located on private.~roperty .and the abutting property owner' is willing to exchange land to correct this error. Street Superintendant Hawley explained that a 45 foot right of way rater than a 60 foot right of way is pro- posed to allow the property owner to build on the exsisting lots. Councilmem- ber Smith asked how wide the pavemeht is there and Mr. Hawley indicated 1R feet. Councilmember Camfield made a motion to approve the exchange of property which was seconded and passed. ADJOURNMENT There being no further business to come before the Council at this time, Mayor Steve declared the meeting adjourned at 10:45 p.m. ATTEST: ~ty Clerk-Treasurer