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HomeMy WebLinkAbout06/06/1978MINUTES OF THE REGULAR SESSION OF JUNE 6, 1978 (cont.) BILLS AND CLAIMS The following bills and claims mere presented for payment: Cumulative Reserve Park P.W.E.A. 1978 ~Vater Construction Firemen's Pension and Relief Payroll Clearing Library Federal Shared Revenue Street Equipment Rental ~ater Current Expense $7,000.00 901.78 479.00 105,015.11 702.16 12,090.64 1,278.23 3,294.46 4,553.12 14,244.37 17,773.85 28,602.68 ~ motion mas made by Councilmember Judy and seconded by Councilmember Wilson that the bills and claims be paid mhich passed unanimously. COMMUNICATIONS Mr. Grove read a letter dated June 1, 1978~ from Stacey Thompson, President of Port Tomnsend Merchants Association, regarding domntomn'parking, mayor Steve indicated Mr. Thompson mas present to ansmer questions from the Council but none mere offered. Mr. Grove indicated that tmo letters mere received from the Library Board but since they mere distributed to the Council and mere interdepartmental in nature,~ mere not read. Councilmember Ciprioti arrived at this time. AUDIENCE PARTICIPATION Mr. Anthony E. Stroeder mas recognized and requested that the utility easement retained on 6th Street betmeen Sheridan and Hendricks be abandoned. Mr. French explained that a mritten application and tmenty-five dollar fee mould be requir- ed to initiate the action. Coun¢ilmember Cipriot± requested that the applica- tiom, mhen received, be given to the Council committee for a recommendation. COMMITTEE REPORTS Leqislative/Environmental - A motion mas made by Councilmember Shaneyfelt and seconded by Councilmember Wilson to issue a final declaration of non-signifi- cance on the environmental checklist submitted by the Chicago, Milmau~e, St. Paul, and Pacific Railroad Co. regarding expansion of their barge ramp. It mas indicated that no response mas given on the proposed negative declaration. The motion passed unanimously. Councilmember Shaneyfelt reported that the committee is asking for more infor- mation on the environmental checklist submitted by Thomas Bruneau and E. A. Von Reutter. Health and Sanitation - Councilmember Smith asked if anyone attended a meeting scheduled earlier on the "Wheels" program of transportation for the aged and handicaped. Mr. Grove indicated that he did attend and the group mas seeking a may to open up the communication lines with the City regarding the modifica- tion of their program. It mas indicated by Mayor Steve that he had met mith the administrator of the program and future financia~t support from the City mould be sought. Parks - Mr. Grove reported that a call for bids is being made for the construc- tion of the tennis courts at the Cherry Street Park as mell as for the concrete supply. Mr. Grove also reported that bills and claims mill be submitted at each meeting. MINUTES OF THE REGULAR SESSION OF 3UNE 6, 1978 (Cont.) PUBLIC HEARINGS Rezone Application No. 7711-05 - Port of Port Townsend Mayor Steve indicated this application was continued to this meeting for Counbil disposition and no additional public testimony will be permitted. Councilmember Smith asked if the Port Commission had responded to the Councils letter, mr. Grove indicated they did not. It was noted that Councilmember Shaneyfelt had left the room. Mayor Steve asked Officer Klenk to escort him back to the Council Chambers. When Councilmember Shaneyfelt returned, he explained that he is leaving the proceedings on the recommendation o~ the City Attorney. He then left the room a second time. Councilmember Camfield made a motion to deny the application stating his reason to be because the Port made no further effort to bring their application in line with the Ordinance. The motion was seconded by Councilmember Ciprioti and passed by roll call vote with four Councilmembers voting in the affirmative. Councilmembers 3udy and Parker~voted against the motion. Rezone Application No. 149 Short Mr. Grove indicated the Planning Commission recommended approval of this rezone from P-I to C-II of the Railroad Subdivision, 8locks 36 and 70(north of highway) all lots, Section ll, 3ON, RlW with the following conditions: l) that access be only on Kearney St. and 2~ the City Comprehensive Plan be revised or changed for that portion of Block 36, Section ll, 3ON, RlW. Councilmember Shaneyfelt asked if this amounts to a conditional rezone, mr. Abraham indicated that the Ordinance makes no provision for a conditional rezone, mayor Steve then open- ed the meeting to receive public testimony. Charles marsh was recognized and indicated he was representing the applicant, ~illiam Short. He indicated the access request of the Planning Commission was acceptable to the applicant and that the Planning Commissions'intent with the second condition was to have the Comprehensive Plan amended at the same time as the Zoning Ordinance. mr. Frank Smith, Chairman of the Planning Commission, indicated Block ?0 had been with- drawn from the application, mr. French indicated it had been added by a Clerk in City Hall by mistake. Herb Richmond, was r~cognized and identified himself as owner of the £dgewater Apartments and indicated he represented 17 families living across the street from the proposed rezone. He testified that they in favor of the application. Freda Enslan was recognized and requested that the rezone not be approved until th~ Comprehensive Plan is revised, melvin Hopper was recognized and indicated his opposition to the application because he feels keeping the lagoon in its natural state is necessary to retain the rural atmosphere of the community. 3ames McCormic was recognized and indicated his opposition to this application because Port Townsend woul~ loose its unique and special characteristics. Stephen Hayden was recognized and indicated he · as opposed to the application because no need for more commercially zoned land has been demonstrated. He indicated that he felt Councilmember Wilson should disqualify himself from this proceeding due to an appearance of fairness pro- blem. 3aneen Hayden was recognized and stated her opposition to this applica- tion because it is one part of a piecemeal destruction of the town's front yard and it should be considered as a whole and the City should buy it. Robert DeWeese was recognized and indicated his objection to Mr. mar~h's participation in the hearings. Mr. marsh was recognized and asked for the opinion of the City Attorney regarding his participation in the hearing as a citizen, mr~. Abraham indicated that he felt m~.~marsh has a right to give testimony. Larry Dennison was recognized and stated his objection to the application stating that those who purchase the ~and afte~ the zoning was establi~hed knew what it could be used for and to change that potential use is ~olly. David Dennison was ~ecognized and stated his objection to the application indicating that 'the majority of the citizens want a park there or to just leave it alone. In rebut- ~ tal, Herb Richmond was recognized and stated that the present site is covered with litter at the present time and in the present condition is not attractive. There being no further public testimony, mayor Steve closed the ~hearing and turned the application over to the Council for disposition. Couniclmember Shaneyfelt asked when the Comprehensive Plan will be' updated. mayor Steve called on Planning Commission Chairman Smith to r~spond. Mr. Smith indicated the present study that is being made is to determin~ whether a vision is necessary. They hope to be able to make that detern~ination by Decem- ber. Councilmember Smith quoted sections of the Comprehensiw~ Plan and the Parks Plan indicating this rezone shoud be delayed until the Comprehensive Plan is updated. Councilmember Parker indicated that this has been delayed lon~ enough and made a motion to rezone Block ~6 from P-I to C-II. Councilmember Wilson stated that he felt he did not have a conflict of inter, est and seconded the motion. Councilmember Shaneyfelt indicated he was not opposed to the rezone MINUTES OF THE REGULAR SESSION OF 3UNE 6, 1978 (cont.) but felt that the Council should wait until after the Planning Commission study is complete. The motion passed ~ith five Couniclmembers voting in the affirma- tive. Coun¢ilmember Smith and Shaneyfelt voted against the motion. Street Vacation Application No. 7804-01 Gibson Mr. Grove indicated that the Planning Commission recommended approval of this application to vacate Chestnut Street between P and Q Streets. Mayor Steve opened the meeting to receive public testimony, but none ~as offered. Mayor Steve then closed the meeting to the public and turned the matter over to the Council for disposition. Coun~ilmember Camfield made a motion to approve the application ~hich was seconded by Councilmember Wilson and passed unanimously. OLD BUSINESS ORD~NANC~ NO. 1806 AN ORDINANCE PROVIDING FOR THE 'PLATTING, ACCEPTANCE, APPROVAL AND FILING OF SHORT SUBDIVISIONS, DEFINING TERMS, PROVIDING PROCEDURES, AND SETTING PENALTIES THEREFOR. Mr. Grove read the ordinance for the second time and indicated that the state ha~ responded to the City's letter indicating that there ~ere no recommended changes. Councilmember Camfield made a motion that the third reading be by title only ~hich ~as seconded by Councilmember 3udy and passed unanimously by roll call vote. Councilmember 3udy made a motion to adopt Ordinance 1806 which · as seconded and passed unanimously by roll call vote. ORDINANCE NO. 1807 AN ORDINANCE CORRECTING A TYPOGRAPHICAL ERROR IN ORDINANCE NO. 1769. Mr. Grove read the ordinance. Councilmember Camfield made a motion that the first reading be considered the second, and the third be by title only which · as seconded by Councilmember 3udy and passed unanimously by roll call vote. A motion was made by Councilmember Camfield and seconded by Councilmember 3udy to adopt Ordinance 1807 ~hich passed unanimously by roll call vote. ORDINANCE NO. 1808 AN ORDINANCE VACATING ROSECRANS BETWEEN R AND S STREETS, WEST U STREET BETWEEN McNEIL AND HAINES AND BETWE£N HAINES AND PETTYGROVE, LINCOLN STREET BETWEEN GAINES AND KEARNEY, 10TH STREET FROM THE EAST SIDE OF KUHN TO SIMS WAY, KUHN STREET FROM THE SOUTH SIDE OF SIMS tVAY TO THE NORTH SIDE OF LOT 6, BLOCK t8, AND THE ALLEY IN BLOCK 18, LANDES AVENUE FROM THE SOUTH SIDE OF SIMS WAY TO THE NORTH SIDE OF LOT 15, BLOCK 32, AND THE ALLEY IN BLOCK 32, AN ALLEY RUNNING FROm ALDER STREET TO HAINES STREET, CORONA STREET FRo~ COPPER TO SHERMAN, R STREET FROM ROSE TO CHERRY STREET. Br. Grove read the ordinance. Councilmember 3udy made a motion that the first reading be considered the second and the third be by title only which was se- conded by Councilmember Ciprioti and passed unanimously by roll call vote. Mr. Grove explained some recommended word changes to Section 8 ~hich ~ere made by Glenn Abraham. Councilmember Smith made a motion to amend the Section as cor- rected by Mr. Abraham ~hich ~as seconded by Councilmember Camfield and passed unapimously. Councilmember Camfield made a motion to adopt Ordinance 1808~as amended which ~as seconded by Councilmember Ciprioti and passed unanimously by roll call vote. NEW BUSINESS Oouble~ide Bobile Homes - Mayor Steve requested that the Council consider classifying mobile homes out of the travel trailer category into the modular home catagory. Mr. Abraham indicated that there are several court-cases 3.7 recently settled on this question and to proceed if they so desire. Mr. French stated modular homes are inspected by a different agency than mobil homes. Library Trustees Legal Fees - Councilmember Ciprioti asked Mr. Abraham to ex- plain his position in recommending that the City not paF the attorney's costs for defending them in the ~allin case. Mr. Abraham explained tha~ he could find no legal authority by mhich the City can pay for the defense of individual Library B~ard Members for their cmn individual torts. Councilmember Shaneyfelt asked if Mr. Abraham had conferred mith Mr. Irmin about the case mhich proved of value to the defense of the City. Mr. Abraham said yes. Councilmember Shaneyfelt asked if Mr. Irmin could be compensated for that help. Mr. Abraham indicated it mas possible, homever the City has not been billed for that. Councilmember Shaneyfelt suggested that Mr. Irmin be approached in that may and Mr. Abraham said he moold. ADJOURNMENT There being no further business to come before the Council at this time~ Mayor Steve declared the meeting adjourned at 9:15 p.m. ATTEST: Mayor: MINUTES OF THE REGULAR SESSION OF JUNE 20, 1978 The City Council of the City of Port Tomnsend met in regular session this 20th day of June, 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 mere Tom Camfieid, Dale Judy, James Parker, Elizabeth Smith, and James ~ilson. Councilmember Richard Shaneyfelt mas excus- ed because of being out of the country. Also present mere City Engineer Roger French, City Attorney Glenn Abraham, and City Clerk-Treasurer David Grove. Al- so present mas Councilmember Joseph Ciprioti. MINUTES A motion mas made by Councilmember Camfield to approve the minutes of June 6, 1978, as mritten and to dispense mith the reading of them mhich mas seconded by Councilmember Judy and passed unanimously. BILLS AND CLAIMS The folloming bills and claims mere presented for payment: Equipment Rental Street Federal Shared Revenue Firemen's Pension & Relief Park Current Expense 1978 ~ater Construction ~ater 3,065.52 178.15 4.05 139.40 16.57 3,166.34 24,505.54 1,479.08 A motion mas made by Councilmember Judy and seconded by Councilmember ~ilson that the bills and claims be paid mhich mas passed unanimously.