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HomeMy WebLinkAbout11/03/1981 310 MINUTES OF THE REGULAR SESSION OF OCTOBER 20, 1981 Cont. Councilmembers voting against the motion. Counci1members Shirley and Parker voted in favor of the motion. Before the vote was. taken, Public Utility District Commissioner Pat Floyd was recog-- . nized and spoke in favor of the resolution. Mr. Abraham explained that the resolution carries no more weight than the opinion of t:he people who adopt it and does not represent the total population. After a brief discussion, Councilmember Kenna made a motion to adopt Resolution No. 81-25 which was seconded by Councilmember Imislund and passed by voice vote with three Councilmembers voting in favor of the motion. Councilmembers Shirley and Parker voted against the motion. I Budget Hearing. Mr. Grove explained that it is necessary to set: the pUbllC hearing on the 1982 Budget during this meeting in order for the necessary public notices to be published on time. He indicated that the traditional time has been the Monday preceding the first Tuesday in December. Councilmember Kenna made a motion that the hearing be set for November 30, 1981, which was secondE~d by Councilmember Imislund and passed unanimously be voice vote. ADJOURNMENT There being no further business, Mayor McClure declared the meet- ing adjourned at 9:45 P.M. ¡ ~ ~- ATTEST: j}~~ City Clerk I MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1981 The City Council of the City of Port Townsend met in regular session this 3rd day of November, 1981, at 7:30 P.M. in the Council Chambers of City Hall, Mayor Barney McClure presiding. ROLL CALL Councilmembers present at roll call were Joseph Ciprioti, Freida Imislund, Dale Judy, Mike Kenna, James Parker, Brent Shirley, and Elizabeth Smith. Also present were City Attorney Glenn Abraham, City Engineer Roger French, and City Clerk-Treasurer David Grove. MINUTES Councilmember Kenna moved and Councilmember Imis1und seconded to approve the minutes of October 20, 1981, as written and to dispense with the reading of them. The motion passed unanimously by voice vote. BILLS AND CLAIMS .1 The following bills and claims were presented for payment: Current Expense Street Library Arterial Street L.S.C.A. Grant Federal Shared Revenue water/Sewer Equipment Rental Firemen's Pension and Relief Payroll 24,480.28 2,057.25 2,159.68 85.50 612.12 2,329.23 9,203.57 4,417.90 1,276.48 25,030.84 311 MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1981 Cont. Park 765.62 A motion was made by Councilmember Judy and seconded by Council- member Shirley that the bills and claims be paid from the proper funds. It passed unanimously by voice vote. COMMUNICATIONS I A letter dated October 24, 1981, from Roger A. Pick to Mayor McClure was copied for the Council thanking them and t:he Ad Hoc Committee for a proposed jail site the whole community can support. The Council received a copy of a letter dated October 25, 1981 from Karol A. Marshall to Mayor McClure thanking him for the committee's recommendation on the new jail siting. Mayor McClure indicated several citizens were present to comment on the city proposals. A request from Mayor McClure dated October 26, 1981, ~Tas copied for the Council asking that the December 1, 1981, council meeting be held at the Marine Park Community Building in order to accomodate a request from representatives of the Kah Tai Care Center to make the meeting accessable to wheel chairs and handicapped. Council- member Kenna made a motion that the December 1, 1981 meeting be held in the Marine Park Community Building which was seconded by Councilmember Judy and passed unanimously by; voice vot:e. A request dated October 28,1981, for Extension of Time to File Response to Competing Application for Preliminary pernlit of the City of Port Townsend for Crown Zellerbach from Peter R. Kahn, Attorney, to the Federal Energy Regulatory Commission was copied for the CounciL I A letter dated October 29, 1981 from Mayor McClure to D.E. Freeman of the Department of Transportation was copied for the Council informing them of the Council's approval of the handrail proposed to be placed alon~ the seawall. A letter dated November 1, 1981, from Lars Watson to Mayor McClure was copied for the Council requesting that telephone polls be con- ducted openly. This request was stimulated by a statE!ment that five Councilmembers approved the golf course site for the new jail by a telephone poll. A letter dated November 2, 1981, from Mayor McClure to Lars Watson was copied for the Council responding to his letter of November 1, 1981, explaining his position on the use of the telephone and the legal implications. Mayor McClure read his letter in full and called upon the eity Attorney, Glenn Abraham, to comment. Mr. Abraham confirmed the interpretations of the law stated in the letter. Based upon the explanation in the letter and his observa- tions in other situations, he indicated the mayor and council have not violated the open meetings act in his opinion. I A report entitled "Recommendations of Technical Advisory Committee to Jefferson County Board of County Commissioners" Re: "Honda" site" was received by the Council on November 2, 1981, recommending against the selection of this site because the sewer is l~ blocks away, the cost of building unopened Howard Street to city specifica- tions, traffic at the intersection with the main high~'ay, the feasi- bility of acquiring enough land for future expansion of county facili ties, and the' Jodor and periodic ash fall emissions from Crown Zellerbach Mill. Mayor McClure indicated that he has some strong opinions about this report that he will address under announcements. An invi tatidm from Richard Ballou, Biship of the Port~ Townsend Ward of the Church of Jesus Christ of Latter-Day Saints, to an open house on Friday, November 6, 1981, in the meeting house at 24th and Kuhn Street between the hours of 6:00 P.M. and 9:00 P.M. was copied for the Council along with a letter dated November 2, 1981, from Mayor McClure to Bishop Ballou indicating he will be away that evening and unable to attend. Mayor McClure requested that anyone wishing to attend in his stead contact his secretary. 312- MINUTES OF-THE REGULAR SESSION OF NOVEMBER 3, 1981 Cont. An environmental checklist dated August 13, 1981 from the Kah Tai Care Center was copied for the Council on the extension of thèir present facility to lots 13 through 17, and lots 18 through 22, inclusive in Block 24, Plat of Railroad Addition to Port Townsend which is required to accompany rezone application no. 1081-03 requesting that this property be rezoned from P-l to R-l. The Council has received a report of the findings and recommendations of the Shoreline Commission on Community Investments, Ltd. applica- tion for Shoreline Management Substantial Development Permit dated July 27, 1981. It was explained that this is ready for action. Councilmember Shirley made a motion to grant the permit under the following conditions and to adopt the following findings: ,I FINDINGS 1. The following sections of the Jefferson-Port Townsend Shoreline Management Master Program apply to the proposed project: 1.20 "Purposes", 2.40(7) "Secondary Uses", 4.20 !tUrban", and 5.210 Landfills." The proposed project has been administratively classifiedasa~ secondary use in an urban shoreline. The proposed project is site preparation for eventual construc- tion of multi-family residences, possibly contàining some commercial uses. The City of Port Townsend Zoning Ordinance designated the site C-3 commercial, which requires a conditional use permit from the City of Port Townsend. The proposed project will not be filling wetland and does not require a U.S. Army Corps of Engineers permit. The proposed project has been processed and reviewed in accord- ance with the Washington State Environmental Policy Act Guide- lines by the City of Port Townsend as lead agency. The city has issued a declaration of non-significance thereby declaring the anticipated environmental impacts do not merit the prepar- ation of an environmental impact statement. Notice of the application was made by publishing legal notices in the August 12 and 19, 1981 editions of the Port Townsend Leader, posting the subject site with notices on August 21, 1981, and notifying immediate adjacent property owners and appropriate agencies by mail. Notice of the public hearing scheduled for October 21, 1981 was made by publishing a legal notice in the October 14, 1981 edition of the Port Townsend Leader and notifying by mail appropriate agencies, immediate adjacent property owners, and parties requesting notification. I 2. 3. 4. 5. 6. 7. 8. CONDITIONS 1. 3. The permittee will ensure that uncovered and removed prior to The permittee shall remove all placement of the fill. The fill material shall be clean soil, sand, or gravel. Once placed the fill shall be covered with top soil and planted vegetation as soon as conditions permit. The permittee shall seek and obtain permission from the City of Port Townsend prior to the placement of any rip-rap on city property. In lieu of rip-rap, erosion control measures such as sloping and planting shall be employed. I any remaining storage tanks are the placement of fill material. debris from the site prior to 2. 4. 5. ANNOUNCEMENTS Mayor McClure announced the followinga,ppor:ritments: Forest Shomer and Paul Boyer to the Park Board and Laurie Sbewart to the Library Board. Mayor McClure announced a Legislative Conference in Olympia on November 12, 1981, and reported that he and Mr. Grove would be attending. He invited the Council members to attend. \. '. 313\ " MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1981 Cant. I New Jail Siting. Mayor McClure expressed his opposition to the report of the Technical Advisory Committee comdeming the proposed site becoming known as the "Honda" site, Tax Lot 18. He pointed out that the city will extend the sewer line to the location and explained that traffic will be a consideration no matter where the jail is located. He indicated that the odor from the mill is not a factor because when the odor is present there it is also present in the rest of the city. He indicated that he has approach- ed Lakeside Industries, an abutting property owner about trading a parcel to make this sight 300 feet by 300 feet to accomodate the architects plan. He explained that the three sites proposed in his letter of October 20, 1981 which was approved by the Council have been addressed by the County Commissioners. Port Commissioners have indicated that they are not interested in allowing the Kah Tai Lagoon site to be considered. Survey stakes have been placed to evaluate where the facility would need to be located in order to use the property at the golf course. He then opened the meeting to receive public comment. Ms. Kris DeWeese was recognized and presented a petition with 95 signatures opposing the proposal to use part of the golf course for a jailor county offices. Mr. Ray McGowan, was recognized and spoke against the use ~f the golf course site and proposed that land near the airport be used as an alternative. Mr. Stephen Hayden was recognized and expressed concern that other issues have been introduced into consideration which only confuse the issue such as future expansion of county offices, manufacturing zoning, and suggesbed that these considerations be left to the planners as a separate issue. He spoke in favor of the Honda site. Mr. Charles Wallin was recognized and spoke in favor of maintaining the jail at its present location. Mr. Dick Housman was recognized and spoke against the use of the golf course site. He explained the impact on the golf course he thought would result from this construction. Mr. Dennis Lindsey was recognized and spoke against the golf course site because it is too close to the school and he would like to preserve the golf course for his children and grand children. Mayor McClure pointed out: on the map the area in question. Mr. Robert Costain was recognized and spoke against-the -golfcource -st_b=. Mr. Richard Dennison was recognized and indicated that he thinks the County Commissioners need to select a site and then hire an architect who will design a jail to fit the site. Mr. Bob Weekly was recognized and spoke against the golf course site. Mr. Bob Earp was recognized and spoke against the selection of the golf course site. Ms. Marie Shirley was recognized and spoke aginst accepting the grant and moving the jail. Ms. Mage'Wallin was recognized and spoke in favor of leaving the jail in the courthouse. Mr. He::1ry Sterns was recognized and spoke aginst the golf course site because of its effect on: the community garden. Mr. A.M. (Bud) O'Meara, Jefferson County Commissioner, was recognized and explained that the County Commissioners have not made a decision yet, but the 901f course site is a location they are especially interested in. He indicated that construction of a jail there will not interfere with the operation of the golf course because the portion of land under consideration is off to the side and unimproved. He indicated that if a new jail is not constructed, the city as well as the county will need to transport prisoners to Clallam County Jailor Kitsap County Jail which will be extremely costly. He acknowledged that highway access is really not a problem at the Honda site, but the mill odor is a source for potential lawsùits because people in jail are quite often held against their will. He indicated that he would like to have frontage on the highway so the building can be seen by the public. After a brief question and answer period from the audience to Mr. O'Meara, Mr. Charles Wallin addressed the Council indicating that he has sent a letter to the governor and state jail commission in support of the present jail facility. After a few additional questions to Mr. O'Meara, Mayor McClure closed the discussion to the audience. Mayor McCLure outlined the recent events and recommended that the city reaffirm its support for the Honda site. Councilmember Shirley made a motion tha-t the Council reaffirm its recommendation for the hill top site (Honda site) and eliminate the other two from consideration which was seconded by Councilmember Kenna. Councilmember Ciprioti reminded the Council that the present courthouse site might still be possible if the state concedes. After a brief discussion, Councilme::nber Shirley I I 314 MINUTES OF THE REGULAR SESSION OF NOVEMBER 3L 1981 Cont. revised his motion to identify th~ courthouse site as the first choice of the City Council and the Honda site as the second choice eliminating all othè~s~ which was agreed to by Councilmember Kenna who seconded the original motion. The motion passed unanimously by voice vote. Mayor McClure declared a ten minute recess at 9:05 P.M. The meeting reconvened at 9:15 with all Councilmembers present and the audience disbursed. COMMITTEE REPORTS I Water/Sewer/Street; Councilmember Kenna indicated that the Street/ Sewer Superintendent Ed Hawley would like to address the Council on the 'possibility of purchasing a used dump truck. He iridicated that ~ 1966 GMC Dump truck is available for purchase for $5,500 from can individual~ Th~~street department has tested the equipment and considered renting it as a fuel saving measure, but recognize that within five months the rent would equal the purchase price. He proposed to divide the cost between the sewer and street depart- ments. Councilmember Kenna made a motion to approve the purchase which was seconded by Councilmember Judy and passed unanimously by voice vote. Legislative/Environmental. Councilmember Smith reported that the committee has met with Mr. Jeff Ware to evaluate the environmental checklist submitted on his short plat application and are making a recommendation that a proposed declaration of non-significance be made on the short plat. She made a motion to that effect which was seconded by Coincilmember Ciprioti and passed unanimously by voice vote. Councilmember Smith reported that the committee has reviewed the checklist submitted on the Kah Tai Care Centers rezone request and find it essentially the same as the checklist submitted with the Shoreline Substantial Development Permit Application. After a brief discussion with the City Attorney, Councilmember Smith made a motion that the checklist submitted with the Shoreline Substantial Development Permit Application from the Kah Tai Care Center be deemed the checklist on their rezone request for the same property which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. Mr. John Floyd was recognized and asked for clarification from the City Attorney as to whether or not the Planning Commission can consider this application because the applicant does not presently own the property. Mr. Abraham indicated that the application can be considered and is not un- common. He indicated that the Council now needs to make a . declaration on the rezone request. 'Councilmember smith made a motion that the council make a final declaration of non-significance on the rezone request from the Kah Tai Care Center which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. I PUBLIC HEARING Street Vacation Application No. 781-01 - Val rob Land Corporation Mr. Grove explained that the Planning Commission is recommending approval of this application to vacate Hancock Street between Hastings Avenue and 25th Street. Mayor McClure opened the hearing to the public. Mr. Harry Holloway III was recognized and spoke in favor of the application explaining that the action is being taken as part of a settlement on a lawsuit which also included the city as a defendant. The case was settled out of court. He further explained that as the result of concerns expressed by the Planning Commission for access to certain interior lots in Block 6 of Hussey's Addition, the applicant would like to reduce the scope of their request to only include that portion Hancock Street from the north line of 27th Street to Hastings Avenue in order to allow Merrill Cray quiet use of thi s, right of way. He explained that the Crays have three out buildings in this area which were con- structed with the belief that the street had already been vacated. There being no further testimony, Mayor McClure closed the hearing to the audience and turned the application over to the Council for disposition. Councilmember Shirley made a motion that the Council I :3.15 MINUTES OF THE REGULAR SESSION OF NOVEMBER 3,1981 Cont. find that the application meets the criteria established in Section 5.20 of Ordinance No. 1802 and that the application be approved to vacate: Hancock Street from the north line of 27th Street to Hastings Avenue which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. OLD BUSINESS I ORDINANCE NO. 1899 AN ORDINANCE VACATING 9TH STREET BETWEEN GISE AND HOLCOMB STREETS AND 10TH STREET BETWEEN MCPHERSON AND THOMAS STREETS. Mr. Grove explained that this ordinance impleTIl~nts act;.ion which has been taken earlier by the Council. Council~emberShirley made a motion that the first reading be cons_ider_ed th,e -$econ_~,and.._:the third be by title only which was seconded by Councilrnember Judy and passed unanimously by. voice vote. Mr. Grove read the ordinance by title. Councilmember Imislund made a motion to adopt Ordinance No. 1899 which was seconded by Councilmember Judy and passed unani- mously by roll call vote. ORDINANCE NO. 1895 AN ORDINANCE APPROPRIATING THE SUM OF $34,000 FROM EQUIPMENT RENTAL AND DE- CLARING AN EMERGENCY I Mr. Grove read the ordinance by title which constitut:ed the third reading. Councilmember Kenna made a motion to adopt Ordinance No. . 1895 which was seconded by Councilmember Judy and passed unanimously by roll call vote. ORDINANCE NO. 1898 AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF $34,000 FROM THE WATER-SEWER FUND TO THE EQUIPMENT RENTAL FUND AND PROVIDING FOR REPAYMENT. Mr. Grove read the ordinance by title. Councilmember Judy make a motion that the first reading by considered the second and the third by by title only which was seconded by Councilnlember Shirley and passed unanimously by voice vote. Mr. Grove read the ordinance by title, Councilmember Imislund made a motion that Ordinance No. 1898 be adopted which was seconded by Councilmember audy and passed unanimously by roll call vote. I Environmental Protection Agency Refund Request. It was explained that the city has received a request to refund $43,819 to the Environmental Protection Agency because of expenses t:hat were charged against the grant which have been disallowed. A letter dated October 30, 1981, from Jackie Dailey, acting Chief of the Financial Operations team of the Environmental Protection Agency, offers the city an opportunity DO appeal the decision. Council- member Imislund made a motion to appeal the determination of allow- able cost described in the letter of October 30, 1981 and proceed with the procedure of appeal provided by law which was seconded by Councilmember Shirley and passed unanimously by voice vote. NEW BUSINESS Surplus Parking Meters. Councilmember Judy make a mot:ion that the parking meters be declared surplus and authorize their sale which was seconded by Councilmember Shirley and passed unanimously by voice vote. 316 MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1981 Cont. --------------------- ------ --- ---- -- ------- ------- -< ------ -- ----- ---------~------------ ADJOURNMENT There being no further business, Mayor McClure declared the meeting adjourned at 9:56 P.M. / or ATTEST: kJ~. City Clerk MINUTES OF THE REGULAR SESSION OF NOVEMBER 17,1981 The City Còuncil of the City of Port Townsend met in regular session this 17th day of November, 1981, at 7:30 P.M. in the Council Chambers of City Hall, Mayor Barney McClure presiding. ROLL CALL Councilmembers present at roll call were Freida Imislund, Dale Judy, Mike Kenna, James Parker, Brent Shirley and Elizabeth Smith. Also present were City Attorney Glenn Abraham, City Engineer Roger French and City Clerk-Treasurer David Grove. MINUTES I Councilmember Imislund moved and Councilmember Shirley seconded to approve the minutes of November 3, 1981, as written and to dispense with the reading of them. The motion passed unanimously by voice vote. BILLS AND CLAIMS The following bills and claims were presented for payment: Current Expense Street Park Arterial Street Federal Shared Revenue Water/Sewer Equipment Rental 1956 Transmission Line Replacement 4,648.47 3,218.78 145.67 14,956.50 72.67 14,630.29 20,284.16 9,739.22 A motion was made by Councilmember Shirley and seconded by Council- member Judy that the bills and claims be paid from the proper funds. !t passed unanimously by voice vote. COMMUNICATIONS I A notice of Application for Preliminary Permit from the United States Federal Energy Reglatory Commission dated October 29, 1981, was copied for the Council acknowledging the City's application and establishing a deadline of November 26, 1981, for any comments, protest or petitions to intervene. A letter dated November 4, 1981, from Mayor McClure to B.G. Brown, Chairman of the Jefferson County Commissioners was copied for the Council informing them that the Council unanimously voted to eleminate the Golf Course and Kah Tai property as potential sites for the jail facilities and reprioritized their choices as A. Courthouse, within or behind or B. Tax Lot 18, popularly known as the Honda Shop site.