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HomeMy WebLinkAbout10/02/1979 1.17 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1979 , uu_-.. .._------- --. n_--_u_, -- ----- The City Council of the City of Port Townsend met in regular session this 2nd day of October, 1979, at 7:30 p.m. in the Council Chambers of City Hall, Mayor Pro-Tern Dale Judy presiding. ROLL CALL I Councilmembers present at roll call were Joseph Ciprioti, Dale Judy, James Park- er, Richard Shaneyfelt, and Elizabeth Smith. Also present were City Engineer Roger French, City Attorney Glenn Abraham, and City Clerk-Treasurer David Grove. MINUTES A motion was made by Councilmember Parker to approve the minutes of September 18, 1979, as written and to dispense with the reading of them, which was second- ed by Councilmember Ciprioti and passed unanimously. BILLS AND CLAIMS The following bills and claims were presented for payment: I Current Expense Street Library Park Federal Shared Revenue Water-Sewer Equipment Rental Firemen's Pension and Relief Payroll 1978 Water Constructiõn 16,756.71 1,265.57 1,161.88 494.16 8,804.72 13,410.13 4,640.25 840.65 17,699.17 21,495.09 A motion was made by Councilmember Ciprioti and seconded by Councilmember Parker that the bills and claims be paid which passed unanimously. COMMUNICATIONS I Mr. Grove reported that the Council received a petition dated September 27, 1979 with eight signatures protesting the installation of a street light on McKinley 150 feet from the exsisting street light on the corner of Jackson and McKinley. He indicated the Council also received a letter dated September 24, 1979, from Robert Hardy, a signer of the petition, stating the exsisting lighting was suf- ficient. Councilmember Ciprioti reported that puget Power did not install the light at the corner of Clallam and McKinley as requested and recommended that the light that was installed be removed and placed at the corner as requested. Councilmember Smith questioned whether the corner location would be desirable to the local residents. After a brief discussion, Mayor Pro-Tern Judy declared that there appears to be a consensus of opinion that the light be removed and no light be installed at the corner. Mr. Grove reported that the Council received a copy of a letter to him from Christopher O. Shea, Public Defender, dated September 21, 1979, describing pos- sible options available to us in contracting for legal services from his office. Mr. Abraham reported that he has prepared a resolution which would eliminate the need for the City to contract with any legal firm for public defender services. RESOLUTION 79-12 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH JEFFERSON COUNTY TO ESTABLISH COURT FILING FEES. Mr. Abraham explained that this resolution would authorize the filing fees to be increased from $4.00 per case to $12.00 per case, thus providing the necessary financing for public defender service to be arranged by the court. Councilmem- ber Shaneyfelt made a motion to adopt the resolution which was seconded by Coun- cilmember Smith and passed unanimously. 118 MINUTES OF THE REGULAR SESSION OF OCTOBER 2,1979 (cont.) PUBLIC HEARINGS Community Development BŒock Grant Pre-Application - Mr. Grove explained that this is a joint hearing with the Jefferson County Commissioners to provide the public an opportunity to comment on the preparation of a pre-,applicationror,:community development funds from the Department of Housing and Urban Development. The request fo~ funding will be in the form of a joint application with the coopera- tion of Forks, Port Angeles, Port Townsend, Sequim, Clallam County, Jefferson County, the Lower Elwha Tribal Council, and the Quileute Tribal Council. The primary purpose of the public hearing will be to review HUD Small Cities Program, Citizen Participation Plan, Eligible Activies,. Ineligible Activities, Funding Limitations, and Proposals for Specific Projects. Mayor Pro-Tern Judy then open- ed the hearing to receive public comments. Mr. Gael Stuart was recognized and stated he is representing Peter Simpson who is the director of housing rehabili- tation in Jefferson County and Clallam County. He indicated the City Council and County Commissioners need to decide if they would like to apply for a second round of funding to continue the work that was started this year and reported on the progress so far. He indicated that at a workshop meeting, public comments were made that in addition to housing rehabilitation it was suggested to provide funds for the restoration preservation of historical buildings in the downtown area. He explained that due to time constraints, it is recommended that this this suggestion not be included in this pre.,.-application' but be considered '.in the future applications. He then described the appropriate action the Mayor and Council should take if they want the City to be included. Mr. Henry Clark was recognized and request funds be included for new construction for low income families which cost less in some cases than to rehabilitate an exsisting struc~ ture. He complained that the funds are not being used efficiently and more ef- fective planning should be done. Mr. Barney McClure was recognized and asked if Mr. Stewart could respond to these suggestions. Mr. Gael Stewart was recognized and indicated that there was no catagory for new construction under this funding source but agreed that the need exsists. There being no further testimony offer- ed from the audience, Mayor Pro-Tern Judy closed the hearing to the audience and asked the Councils pleasure regarding the resolution. I RESOLUTION NO. 79-13 A RESOLUTION OF THE CITY OF PORT TOWNSEND AUTHORIZING THE SIGNING OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND OTHER MUNICIPALITIES AND INDIAN TRIBAL COUNCILS ON THE NORTH OLYMPIC PENINSULA FOR THE PURPOSE OF SUBMITTING A PRE-APPLICATION FOR COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS. I After a brief discussion, Councilmember Smith made a motion to adopt Resolution No. 79-13 which was seconded by Councilmember Parker and passed unanimously. Conditional Use Permit Application No. 7907-03 - Lenore Keenan - Mr. Grove ex- plained that due to the lack of a quorUDl, the Planning ComDlission has made no recommendation on this application to operate a two bedroom, bed and breakfast quest house at 608 Root Street. Mayor Pro-Tern Judy opened the meeting to receive public COmnlents. Mr. Duncan Duvall was recognized and spoke against the applica- tion indicating he represents eleven other families who also oppose this permit. He indicated this use would not be compatible with the other residents in this area and devalue their property. Ms. Cindy Thayer was recognized and spoke in favor of the application indicating that she represents the applicant. She in- dicated the property owner is in favor of this application in lue of renting the home to a large family with several children. She explained that off street parking is available on the sight. Ms. Betty Johnson was recognized and spoke against the application as not being compatible with a prime residential area. Mr. Vernon Keehn was recognized and spoke against the application because he does not believe it to be financially sound. Mr. Jan Anderson was recognized and spoke against the application indicating that variances granted in the area violated the neighborhood plan in the form of zoning requirments and this propos- al would also. At this point Mr. Grove was recognized and reported the Council has received a letter dated September 28, 1979, from James and Marguerita Sofie opposing the application. He also indicated Mr. Edward J. Donlon of 511 Root Street telephoned long distance from California this date requesting that I re- late the fact that he is opposed to the application. In rebuttal, Ms. Thayer was recognized and stated she has no financial interest in the application and it does meet the zoning requirements. There being no further testimony, Mayor Pro-Tern Judy closed the hearing to the audienceand turned the application over to the Council for disposition. After a brief discussion, Councilmember Smith I 119 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1979 (cont.) - ------- '------'"------~~--- -~------ ------ --- I made a motion that the Council find affirmatively with regard to the requirements of subsecitons A, B, C, and D of Section 6.08 of Ordinance 1625, and that a Condi~ tional Use Permit be granted for one year provided the applicant complies with the requirments of the Fire Chief. The motion died fro lack of a second. Council- member Parker made a motion to deny the permit which was seconded by Councilmem- ber Ciprioti and passed by roll call vote with four Councilmembers voting in the affirmative. Councilmember Smith voted against the motion. COMMITTEE REPORTS Legislative-Environmental Committee - Councilmember Shaneyfelt reported that he and Councilmember Smith have reviewed a draft environmental impact statement from Lakeside Industries on the Madrona Meadows Mobile Home Park and recommend that this statement together with the additions they have requested be used for the public hearing. He made a motion to that effect which Was seconded by Council- member Smith and passed unanimously. Councilmember Shaneyfelt reported that the committee has received a revised envi- ronmental checklist form with proposed traffic controls and enhancements from Keith Uddenberg to build å single level food store of approximåtely"26,000 gross square feet located near the S.W. Corner of the lot with its parking lying to the east and-the total land area involved is 2.66 acres, which he described. He madea motion that a proposed negative declaration be issued based on the revised check- list provided that the traffic controls and enhancements are approved by the state and installed which was seconded by Councilmember Smith and passed unanimously after a brief discussion. I Health and Sanitation - Councilmember Smith reported that the committee has evalu- ated the request by Olympic Disposal to begin garbage pickup at 6:00 a.m. and recommend that the starting time remain at 7:30 a.m. due to the fact that ferry traffic volume has reduced and suggested that another evaluation be made next spring. She explained that the weight restrictions were imposed by the state to reduce on-the-job injuries for garbage collectors. She suggested that heavy gar- bage be separated into smaller bundles within the can so the collector can unload it in pieces and avoid iildury. Mayor Pro-Tern Judy instructed Mr. Grove to inform Olympic Disposal of the committee's recommendation. City Engineer, Mr. French - reported that survey monuments have been placed on Discovery Road enabling the boundaries to be established and recommended that the Council officially accept it into the street system so that the survey can be recorded. Councilmernber Shaneyfelt made a motion to adopt Discovery Road into the City Street System which was seconded by Councilmember Ciprioti and passed unanimously. I Water, Sewer ,Street - CouncilmeIDber Judy reported that the commit:tee has met with Robert Sahli and the Street Superintendent regarding the rededication of some vacated streets in the Seaview Estates. It was the recommendation of the commit- tee that the deeds be accepted and the land be added to the street system provided the size was uniform. Mr. Grove explained that the property in question is in Fowlers Park Addition between blocks 68, 73, and 75 near Peary Þ.venue previously named Claremont-- Street and Calumet Street with a connecting sect:ion through block 73 and copies of a map and legal descriptions were distributed. Councilmernber Ciprioti made a motion to accept this land grant which was seconded by Council- member Parker. Mr. Abraham explained that an ordinance will need to be prepared to add it to the street system. Councilmember Shaneyfelt asked for clarification that all right-of-ways would be 60 feet in width. Councilmember Ciprioti indicat- ed they would be. The motion passed unanimously. A brief discussion ensued re- garding the name. Councilmember Judy reported that the committee recommends that t:he claim for da- mages for a fish kill in Chimacura be referred to the insurance company. Council- member Ciprioti made a motion to that effect which was seconded by Councilmember- Judy and passed unanimously. Mr. Abraham reported that this claim has been refer- red on to the consulting engineer and contractor. Mr. Grove reported that a se- cond claim was made for $200.00 as a penalty for poluting the water. Mr. Abraham indicated this would not be covered by the insurance company. AUDIENCE PARTICIPATION Doctor Bertram Levi was recognized and submitted a petition with 16 signatures of residents in the area of Polk Street who strongly object to t:he use of the Nolan block, lot 5-6 for any commercial use including recreational vehicle storage. He explained the backgroung use of the property perviously and t:he intentions of 120 MINUTES OF THE REGULAR SESSION OF OCTOBER 2, 1979 (cont.) of Victor Coster to rent space for recreational vehicle storage. He asked the Council for clairification on the application of the grandfather clause in the Zoning Ordinance as it applies to this property and requested the Council to restrict Mr. Costers use of this property and require him to leave the trees as a green belt. Mr. French explained that he had discussed the proposed use with Mr. Coster and told him it was probably covered under the grandfather clause, however there is not to be a change in use which this would be substantially different from the grandfathered use. He indicated Mr. Coster could be stopped from storing recreational vehicles there until a determination is made. Mr. Abraham cautioned that the City can only do what the ordinance allows. Mr. Frank Feril was recognized and spoke against Mr. Costers action because he did not want to cut his trees. I Kris DeWeese was recognized and asked that the water ëommittee's meeting with a group of prospective water customers outside of town be open to the public on October 9th. Councilmember Judy indicated as chairman he would permit the public to attend provided that they did not disrupt the meeting and attempt to partici- pate in the committee's discussion. OLD BUSINESS ORDINANCE NO. 1842 AN ORDINANCE APPROPRIATING THE SUM OF $841,028 TO VARIOUS FUNDS AND DECLARING AN EMERGENCY. Mr. Grove read the Ordinance by title which was the second reading. Councilmem- ber Shaneyfelt made a motion that the second reading be considered the third which was seconded by Councilmember Ciprioti and passed unanimously by roll call vote. Couñcilmember Parker made a motion to adopt Ordinance No. 1842 which was seconded by Councilfuember Shaneyfelt and passed unanimously by roll call vote. NEW BUSINESS I ORDINANCE NO. 1843 AN ORDINANCE FIXING AND ADOPTING THE TAX LEVY FOR THE YEAR 1980. Mr. Grove read the'ordinance and explained that this is the maximum allowable under the 106% limitations. Councilmember Judy made a motion that the first read- ing be considered the second and the third be by title only which was seconded by Councilmember Smith and passed unanimously by roll call vote. Councilmember Smith made a motion to adopt Ordinance No. 1843 which was seconded by Councilfuember Ciprioti and passed unanimously by roll call vote. Budget Hearings - Mr. Grove explained that a Proposed Use Hearing is necessary for citizen participation on the decision of where to use Federal Sharéd Revenue prior to the Mayor's submission of the preliminary budget on November 1, 1979. He further stated that state law requires that the budget hearing be advertised twice between November 1st and 14th which requires that the date and time be set before the end of October. Councilmember Smith made a motion to conduct the Proposed Use Hearing for Federal Shared Revenue at the next regular meeting October 16, 1979, which was seconded by Councilmember Judy and passed unanimously. Council- member Smith made a motion to conduct the budget hearing at or about 7:30 p.m. Monday,- December 3, 1979, in the Council Chambers 'which was seconded by Council- member Shaneyfelt and passed unanimously. Street Vacation Application No. 7909-01 - Valrob Land Co~ and Variance Application No. 7909-02 - Holmes. - Couñcilmember Parker made a motion to set the public hear~ ing for these applications on Novermber 6, 1979, at the regular meeting which was seconded by Councilmember Ciprioti and passed unanimously. I ADJOURNMENT There being no further bùsiness to come before Pro-Tern Judy declared the meeting adjourned at the Council at this time, Mayor 9:36 p.m. C&JæL (D ~:~/ Mayor ip o-Te ,. ATTEST: ' M~ Clerk-Treasurer