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HomeMy WebLinkAbout06/05/1984 81 .-.- --------------- ---- -- _~INUTES OF THE R:EGULAR SESSION OF JUNE 5, 1984 -------------.-----------------.---------- --_.-- - ------ ------ .-. ------- ------ -------- - .---- -- ----------- - ----------------- - ---- - ---.-- -----~---------- , I The: City Council of the City of Port Townsend met in regular sessioh t~lS 5th day of June, 1984, at 7:30 P.M., in the Council Chambers of Clty Hall, Mayor Brent Shirley presiding. ROLL CALL I I Co~ncilme~ers present at roll call were Jean Camfield, Janis Hunt" I Frleda Imlslund, Glenn Ison, Vern Jones, and Jim ParkE!r. Also' "'I present. we:-e City Attorney Keith Harper, Public Works: Director I Te;d Strlcklln, and Clerk-Treas.urer David Grove. CouncilmembE3r Mlke Kenna was excused from the meeting. I MINUTES Councilmember Imislund asked if she could withdraw a second she made to a motion at the last meeting. Mr. Grove explained that once the vote has been taken it is too late to withdraw a second but a new motion can be made to rescind previous action. Council-. member Camfield made a motion to approve the minutes of May 15, 1984, as written and to dispense with the reading of them which was' seconded by Councilmember Jones and passed unanimously by voice vote. BILLS AND CLAIMS I I The following bills and claims were presented for payment: I Current Expense Street Library Park Hotel/Motel Transient Tax Emergency Medical Services Kah Tai Lagoon Park water/Sewer Equipment Rental Firemen's Pension and Relief Memorial Payroll $26,864.41 2,943.39 4,933.71 2,424.61 1,749.30 739.62 131.25 9,633.18 1,760.77 1,494 ..54 2,523.48 19,954.93 I Councilmember Hunt made a motid>n that the bills and claims be paid from the proper funds which was s-econded by Councilmernber Ison and í passed unanimously by voice vote. ¡ COMMUNICATIONS I A letter dated June 1, 1984, from Edith Limpson of Home Insurance I Company to. Jane Hall. was copied for Council indicatin9 the City has no liability to honor her claim for damages as a result of I the land slide on Washington Street. Ii A statement from the Department of the Treasury was copied for the Council showing that the estimated allocation for FedE!ral Shared I Revenue in 1985 will be $81,962. The Council received a memorandum dated May 18, 1984, from Charles: E. Peace of the Olympic Air Pollution Control Authori t:y indicating their 1985 assessment will be $1,116.00. I The Council received a letter' dated May 30, 1984, from Larry I Dennison requesting that the. Council require an .Environmental Impact Statement on the proposed convention center on Sims Way because of drainage, sewer, street, and property damage problems as well as increased traffic flow. 1)IIayor Shirley refE~rred this to the Legislative/Environmental Committee. 82 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1984 Cont. ----------- - ---- ----- ---- -- --- - - ------- -------- ---------------------------- -l~he C~-~~:~l-:~c::~ed a~-unsigned~etter dated May 30, 1984, with I~ine families listed recommending that the parking area at North ¡Beach Park be closed at the foot of Kuhn Street from 10:00 P.M. until 6:00 A.M. to vehicle traffic. Mayor Shirley reported that Police Chief Robert Hinton is working on this. The City ~s proposing that this County park be postéd"for daytime use only" to give the police authority to chase people off. A petition with 19 signatures was copied for the Counèil on :Hay 31, 1984, in opposition to the application to construct a motel where Logan Street joins Sims Way because of increased traffic hazards, additional sewer system problem~, and lack of compatibility with other land users in the area. Mayor Shirley referred this to the public hearing. I A letter from Mayor Shirley to Michael Pittas, Director of the National Endowment for the Arts dated :Hay ll, 1984, was copied for the Council expressing his support for the grant application from the Port Townsend Arts Commission for $25,000 to examine potential uses of the top floor of Aldriches by the _art é:ommùni ty and to do a feasibility study and design for the building and the seating. Mayor Shirley reported that the match will be coming from John Clise. The Council received a letter dated May 30, 1984, from David HudsOR¡ Jr. expressing regret for_his part in the vandalism done to chetzem ka Park on May 10th and asking for forgivenes:s'. On their desks this night, the Council received a letter dated June 5, 1984, from Janeen Hayden requesting that the Planning Commission and Council not hold public hearings before the provisions of the State Environmental Policy Act are met. she further requested that Environmental Impact Statements be required on the two proposed motels. Mr. Grove reported she hastJ:Tequested that this letter be read in full during this meeting. Mayor Shirley directed him to do so, which he did. Mayor Shirley referred this to the City Attorney and Legislative/Environmental Committee. Mr. Harper explained that tfuis matter will take care of itself because the Planning Commission has continued its hearing on :Hr. Pickett's application and Messrs. Duncan and S~ogman have modified thèiæ plans which will require additional review by the Planning Commission. After some discussion, it was determined that no action had yet been taken on the environmental checklist for Duncan and Skogman. I PUBLIC COMMENTS Mr. Everett Whealdon was recognized and encouraged th,e Council to follow all legal procedures with regard to the motel proposed at Logan Street and Sims Way to which he is oppposed. COMMITTEE REPORTS I ;Parks/Proper~ Councilmember Ison reported that he has met with ¡representatives from the Park Board to finalize the scope of work for the architect on the Kah Tai Lagoon Park. Legislative/Environmental. Councilmember Jones indicated that the committee formed to revise the ordinance dealing with erroneous P-l zoning has been unable to meet since the last council meeting. He indicated that the committee would like to recommend that the Council issue a proposed negative declaration of environmental significance on the proposal to convert apartments on Washington Street from monthly rental to daily rental requested by Albert and Paula Amell. He made a motion~o that effect which was seconded by Councilmember Imislund and passed unanimously by voice vote. I Seaview Sewer Local Improvement District. Mr. Stricklin explained that he has plotted the positive responses to the proposal and they represent 87 acres of area with 141 acres either opposed or unrespo~- give to the inquiry which is below the majority necessary to initiatie \ a Local Improvement District in his opinion. Mr. John Kassebl3.uFlr i ' I I 83 -----------------.-- ----- ___~:J:NUT..~S.OF _THE:. REGULAR - SE~_SION O~-~_U~~~~-~~-~-~---~5:>!~t~..- --____-_m__- - --.-. --- --------------- - -- -- - ---------.-- I was recognized and read a statement contradicting the opinion expressed by Mr. Stricklin because his opinion is thai: those not responding to their letter are in support of the proposal. His statement reviewed the history of sewer problems in the area and attempts to get this local improvement started. He rE~quested that! the city officials take a positïve attitude toward this proposal because of the _;increas.ed property value it wG>uld provide to the <t::i ty tax base and the avoidance of health hazards in 1:he future. Mr. Jack Kruse was recognized and spoke in favor of the proposal indicating that the property owners in favor of the district I formation would pay 27% of the cost and an additional 14% is all I that is needed to insure the right to form a local improvement district and fund the construc1iion. Mr. Grove explained that RCW 35.43.120 is the requirement Mr. Stricklin is referring to which. requires that a petition for the Local Improvement District be signed by. a majority of the frontage and area prOpE!rty owners. Mayor Shirley explained that the "up-front" expenses must be . assumed by the city if this district is not formed and so assurances are needed that this will fly. He indicated that the administratioh I and council are unanimous in their support for sewer service to this area but do not fuave the funds to risk. Mr. Rich was recognized and indicated that it is only a matter of time until his home will' no longer be able to dispose of sewage at the site of his home. I Mr. Stricklin explained that if the County Health Officer declares '. it a health hazard in the area, then no one can stop the constructiþn I of sewers in the area. After a brief discussion, it \l7aS suggested: that the committee of citizens in support of this proposal talk to the County Health Department about declaring a health hazard and also contacting the property owners of some of the unplatted area who would be large contributors because of the size of their land. PUBLIC HEARINGS I Variance Request No.. 284-01 _. Elizabeth Buhler. Mr. Grove explained that the Planning Commission is recommending approval of this reque¡st for variance from the setback requirements to allow construction. to wi thin 10 feet of the front property line at 1535 Garfield St. . Mayor Shirley opened the hearing to the audience. Mr" Michael Ajax! was recognized and spoke in favor of the application explaining that the proposal is to enlarge the existing living room. There being no further testimony, Mayor Shirley closed the hearing to I the audience and turned the application over to the Council for disposi tion. Councilmember Jones made a motion that i:he Council make the following findings of fact and approve the variance which I' was seconded by Councilmember Hunt and passed unanimously by voice vote: a. That the proposed variance will not constitute a change to the Official Zoning Map, nor will it amount to a rezone. c. That the provisions of Sub-Section 6.l0"A.3 of the Zoning Ordinance are not:: applicable in i:his case and are waived. I d. That the granting of the proposed variance will not be materially detrimental to the public welfare nor inj urious to the property or improvemeni:s in the zone in which the property is located. e. That the granting of the proposed variance will not confer a special privilege on the subject property which is denied other lands in the same disi:rict. f. That the proposed variance is the minim1~ which will permit the applicaht to make reasonablE~ use of land as set forth in the application and that the reasons set forth therein justify granting 1:he variance. g. That granting the proposed variance will be in harmony with the general intent and purpose of the Zoning Ordinance and will not be injurious to the neighborhood. 84 MINUTES OF THE REGULAR SESSION OF JUNE 5, 1984 Cont. --------- ---~-------_.._-" --------1----"--------------- , --,' ' ...._------- -----"------.'--"---'--.--"- ---..-- .-...------..--------------'-----.. Conditional Use Permit Application No. 184-03 ... James S. Duncan and Leslie E. Sk~gman. Mayor Shirley opened the hearing on this request to operate a 65 unit motel and asked if anyone in the audience would-like to address the Council at this time but no one did. He recommended that the public hearing be continued until such a time as the Planning Commission make a recommendation' Jon the changes and the State Environmental Policy Act requirements are met. Councilmember Camfield made amotion to that effect which was seconded by Councilmember Jones and passed unanimously by voice vote. Zoning Setback Requirements for BuLEdings. Mr. Grove explained that the Planning Commission is recemmending approval of this proposal to eliminate possible confusion resulting from apparent conflicts between Ordinances No. 1602 and the zoning Ordinance No. 1625. Mr. Stricklin explained that the definition of build- ing lines has been clarified and made consistent with the main wall and further establishing limits for overhangs, decks, etc. Mayor Shirley opened the hearing to the audience but no testimony was offered. He then closed the hearing to the audience and turned the proposal over to the Council for dispositid>n. After a brief discussion, Mr. Harper explained the ordinance which was prepared. - - ORDINANCE NO. 1993 AN ORDINANCE PERTAINING TO AND ESTABLISHING SETBACK REQUIREMENTS FOR BUILDINGS AND REPEALING ORDINANCE NO. 1602, SECTION 2, AMENDING ORDINANCE NO. 1625 SECTIONS 2.15, 2.106, 2.108 AND ADDING NEW SECTIONS. Mr. Grove read the ordinance by tttle. Councilmember Camfield made a motion that the first reading be considered the second and the third be by title only which was- seconded by Council member Imislund and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember Camfield made a motion that the Council adopt Ordinance No. 1993 which was seconded by Councilmember Hunt and passed unanimously by roll call vote. BID OPENINGS The following bids were opened and read aloud: Comminutor H.D. Fowler $ 8,100 Whitney Equipment Co. $11,146 Sludlje Pump $6,300 $5,737 Councilmember Hunt made a motion that the bids be referred to the PUblic Works Director for a recommendation which was seconded by Councilmember Jones and passed unanimously by voice vote. NEW BUSINESS RESOLUTION NO. 84-2l A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A WATER SERVICE AGREEMENT FOR FORT FLAGLER STATE PARK Mr. St:tickliB'exp1:ained that this agreement increases the rate charged to the State and is the first written agreement there has been for Fort Flagler 'State Park. After a brief discussiQn, Councilmember Ison made a motion that the Council adopt Resolutio No. 84-21 which was seconded by Councilmember Jones and passed unanimously by voice vote. I I I I I 85 -- -.." ---- --- ""u -..--- -- -.- ..-- MINUTES OF THE REGULAR SESSION OF JUNE 5, 1984 Cont. -----.. --------_c----- -------..--....- -------- ----u_---_..- --------____---n__..___-- ---u----u--u_----,,--------- -- --- ------------..- --I RESOLUTION NO. 84-22 A RESOLUTION DESIGNATING A HANDICAPPED PROGRAM COODINATOR AND STATING THE CITY'S POLICY AGAINST HANDICAPPED DISCRIMINATION I Mr. Grove explained the content of the resolution and the require-' ments in general for Use of Federal Shared Revenue. Councilmember I Ison made a motion to adopt Resolution No. 84-22 whic:~ was secondeq. , by Councilmember Hunt and passed unanimously by voice vote. - ORDINANCE NO. 1994 ¡ I Mr. Grove read the ordinance by title and explained that it is 'I similar to that of the County. Councilmember Hunt reported that the Finance Committee is recommending passage of this ordinance. I She then made a motion that the first reading be considered the second and the third be by title only which was seconded by I Councilmember Camfield and passed unanimously by voic(:~ vote. Mr. Grove again read the ordinance by title. Councilmemb,~r Camfield ¡ I made a motion to adopt the ordinance which was seconded by Council-y member Hunt and passed unanimously by roll call vote. AN ORDINANCE IMPOSING A CHARGE FOR CHECKS RETURNED TO THE CLERK-TREASURER I Public Hearings. Councilmember Camfield made a motion to conduct; public hearings on July 3,1984, with regard to the Six Year! Transportation Improvement Program, Rezone Request No. 184-02 - : Worley, and Variance Request No. 384-01 - Zaccardo, during the regular Council meeting which was seconded by Councilmember Jones; and passed unanimously by voice vote. Executive Session. Mayor Shirley called an executive session at 9:20 P.M. to discuss potential legal action. The meeting was reconvened to public session at 9:45 P.J)Il. with al¡ Councilroembers except Hike Kenna still present. Hr. Harper asked: for the authority to demand a valid easement from the owners of ' Towne Point to file suit to recover the cost of pi:?e purchased i byithe city and installed in this planned unit development if - necessary to recover the funds. The mot.:ÏJon was made by Council- member Ison artd seconded by Councilmember Jones. Mr. Harper suggested a proper title report might be in order to insure that the City received a valid document. Councilme'mber Ison amended I his motion to include payment of the costs by the City for a title- search which was agreed to by Councilmember Jones who seconded - the motion. The amended motion passed unanimously by voice vote. ADJOURNMENT There being no further business, the meeting was adjourned at 9:491 P.M. by declaration of the Mayor. ATTEST: I I I I ~Àill Mayor cP I M~ City Clerk