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HomeMy WebLinkAbout03/07/1978_ MINUTES OF THE REGULAR SESSION OF MARCH 7,1978 (Cont$ f~om the audience and requested that the proper~surface be applied. Mayor Steve turned this over to the Parks and Property Committee for a recommedation. COMMITTEE REPORTS Appointments - Mayor presented the name of Jane Scott ~to be appointed to the Planning Commission. Councilmember Smith requested a roll call vote on ratifi- cation. The appointment was ratified with six Councilmembers voting in the af- firmative. Councilmember smith voted against the appointment. Legislative-Environmental - Councilmember Shaneyfelt reported 'shat they are asking for more information on the Short Subdivision and the Swaine Environmen- tal Checklist. Mayor Steve thanked the Park Board for the flowers present in the Council Cham- bers. Dumping fees for Olympic Disposal - Mayor Steve called on Mr. Grove to report on his findings. He reported that the City Attorney reviewed the request and contract. It would take an amendment to the contract for us to deduct the County's dump fees from an accounting standpoint, he concluded that this would not create any problem provided the County gave us the figure on time. Council- member Ciprioti stated that it is Olympic Disposal's responsibility to pay the fees. Mr. Grove explained that the potential is there for a breach of contract if Olympic Disposal does not pay the County. If carried to an extreme the County could refuse to let him continue to dump there. Counci~Lmember Judy made a motion to authorize the County to pursue a contract amendment with Olympic Disposal which was seconded by Coun~ilmember Camfield and passed unanimously. PUBLIC HEARING Application 7711-05 Port of Port Townsend Mayor Steve reopened the public hearing on this rezone application and request- e~ that Mr. Grove read three items of correspondence. He read a letter from the Port Of Port Townsend dated February 27, 1978, requesting a joint workshop meeting to allow the Port to more fully present the technical and administrative details of their application. A letter from Larry Dennison received March 6, 1978, was read requesting that representatives from the Merchants Association Steering Committee, the Kah Tai Alliance, and the surrounding residents oppos- ing the application be invited to participate in the workshop meeting. A let- ter ~ated February 22, 1978, from Tom Aumock of the Jefferson County Planning Dept. was read reporting that the Shoreline Management Advis6ry Commission had tabled the referred application until definite site plans for the commercial property are made available. Mayor Steve called on Thomas Majhan to recap his opinion of March 6, 1978, on the relationship of the Zoning Ordinance to the Comprehensive ]?lan. He explain- ed that comprehensive Plans have been held in the Courts to be either a blue print for zoning ~rdinances o~ a bible. The cases in Washington have held it to be a blueprint. Both plans and zoning ordinances can be amended. What the courts have looked at is whether the proposed amendment is totally inconsistant with the exsisting landuse that surrounds the property in fact rather than by law. Councilmember Shaneyfelt asked if the appropriate p~ocedures were follow- ed by the City and this application for rezone was approved would the Court up- hold the decision. Mr. Majhan said yes if it was not found to be inconsistant with the surrounding land use and no conflicts of interest o~ improper procedures were followed. Mayor~Steve indicated the Port has requested that the hearing be continued for 90 days to allow the Port to address the questions raised regarding their ap- plication. Councilmember Camfield asked if it is legal to continue the hearing for that long. Mr. Abraham indicated it would need to be continued to a day certain. Councilmember Judy made a motion to continue the meeting to June 6, 1978, which was seconded by Councilmember Camfield and passed unanimously. Councilmember Shaneyfelt requested that a special meeting be set up with the Port Commission. Councilmember Smith expressed the desire to allow representa- tives from the citizen groups opposing the application to sit in on the meeting. It was stated that if a majority of the Council is present, the meeting would need to be open to the public. Councilmember Camfield and Wilson indicated that they would not attend a meeting where these groups were represented. The use MINUTES OF THE REGULAR SESSION OF MARCH 7, 1978 (cont.) of a Ad-Hoc Committee was suggested but it was felt that ~his would not satisfy the Ports request. Councilmember Shaneyfelt asked if it is legal for the Coun- cil and the Port to meet to clarify the requirments for a complete~P.U.D, ap- plication. In regard to the appearance of fairness, Councilmember Smith indi- cated that the attorney's should be included. Mr. Douglas from the Port Was recognized and indicated that the Port wants to know where their application is deficient so they may obtain the information during the next 90 days. Councilmember Shaneyfelt made a motion to meet with the Port Commission at 7:30 p.m. Tuesday night, March 14, 1978, in the Council Chambers of the City Hall which was seconded by Councilmember Judy. Councilmember Smith asked for special legal council to be ~t representing the City. Mr. Abraham indicated that the questions appearffac~ual rather than legal and no attorney's need be present on either side. The motion passed. Councilmember Smith requested that Mr. Holloway be invited to come to'~this workshop meeting. Mayor Steve said he would invite him. OLD BUSINESS ORDINANCE NO. 1801 AN ORDINANCE CORRECTING TYPOGRAPHICAL ERROR IN ORDINANCE NO. 1799. A motion was made by Councilmember Camfield that the first reading be consider- ed the second and the third be by title only which was seconded by Council- member Judy and passed unanimously by roll call vote. Councilmember Camfield moved to adopt Ordinance No. 1801 which was seconded by Councilmember Judy and passed unanimously by ~oll call vote. ADJOURNMENT There being no further business to come before the Council at this time, Mayor Steve declared the meeting adjourned at 8:22 p.m. ATTEST: ~ ~C~ty Cle~rk T~ea'sur~er ~ Mayor: ?/ MINUTES OF THE SPECIAL SESSION OF MARCH 14, 1978 The City Council of the City of Port Townsend met in special session this 14th day of March, 1978, at 7:30 p.m. in the Council Chambers of City Hall, Mayor Joseph B. Steve presiding. ROLL CALL Councilmembers present at roll call were Tom Camfield, Dale Judy, Richard Shaneyfelt, James Parker, and Elizabeth Smith. Councilmember Joseph Ciprioti and James Wilson arrived later in the meeting. Also present were City Engineer Roger French and Clerk-Treasurer David Grove. SPECIAL BUSINESS Mayor Steve indica%ed the meeting was called to allow questions and an-