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HomeMy WebLinkAbout10/07/1980 197 --------- MINUTES OF THE REGULAR SESSION OF OCTOBER 7, 1980 The City Council of the City of Port Townsend met in regular 'session this 7th day of October, 1980, at 7:30 p.m. in the Council Chambers of City Hall, Mayor Barney McClure presiding. ROLL CALL I Councilmembers present at roll call were Joseph Ciprioti, Frieda Imislund, Dale Judy, Mike Kenna, Brent Shirley, and Elizabeth Smith. Also present were City Attorney Glenn Abraham, City Engineer Roger French, and City Clerk-Treasurer David Grove. Councilmember James Parker arrived later in the meeting. MINUTES Councilmember Judy moved and Councilmember Ciprioti seconded to approve the minutes of September 16, 1980, 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: I Current Expense Street Library Park Arterial Street Federal Shared Revenue Water/Sewer Equipment Rental Firemen's Pension and Relief Payroll 1978 Water Construction 22,927.94 2,697.46 2,246.27 391.09 749.90 1,172.00 15,251. 04 3,614.43 1,141.14 23,466.15 49.35 A motion was made by Councilmember Judy and seconded by Council member Kenna that the bills and claims be paid from t:he proper funds. Councilmember Shirley asked if bills and claims could be moved farther down the agenda in the future. Mr. Grove explained that the bills and claims are ready by 3:00 p.m. on council meeting day and review of them while trying tofbllowthe discussion- is difficult. The motion passed unanimously by voice vote. COMMUNICATIONS The council received an enviromental checklist dated September 19, 1980 from Isley/Shreve Architects for Jackson Street Associates on a proposed duplex and fourplex plus an existing single family dwelling to be constructed on six city lots adjacent to Radon Boat Works in Point Hudson. Mayor McClure referred this to the Legis- lative/Environmental Committee. A letter dated September 17, 1980, from Hazel and Michael DeLeo to the Park Board was copied for the council indicating they do not wish to sell or grant an easement over their land for a Kah Tai Park. The council received a letter dated September 16, 1980, from Thelma Scudi requesting that the Conditional Use perrnit to allow a Bed and Breakfast establishment at 731 pierce Street be renewed for another year and to consider this letter as a reques1: for yearly renewal. Mr. Abraham advised the council not to allow this letter to be considered as a request for more that the pres(~nt year. Councilmernber Shirley made a motion that the permit be extended for the period of another year to the sole owner Thelma :3cudi-which was seconded by Councilmember Judy and passed unanimously by voice vote. A letter dated September 19, 1980, was copied for the council from Mr. & Mrs. H. Wayne Snook requesting that the council not grant the rezone request for 335 Sheridan becaused of existing traffic problems and the residential nature of the n'eighborhood indicating that there are many alternative locations. It was indicated that this will be held for the public hearing. Mr. Gorve read a letter dated September 23, 1980 from Mrs. I 198 , M~NI:tT;¡;; S_OF_THE_REG_ULAR_SESS_LON- QF_O_C_T_OB_EB._7_,_19_8_0-Lç O.Jl:t_.J-- - _. - - - - ----- Judy-Kay Smith protesting a petition carrying her name but not her signature in protest to the rezone of 335 Sheridan. She indicated that she had signed a petition as a representative of Louise C. Fishback who is a property owner in the vicinity. The council received a letter dated September 25, 1980, from J.J.Carroll Ill, Property Manager for Safeway Stores asking for a response to their letter of August 28, 1980. Councilmember Judy explained that he has requested that the Mayor prepare a response to this letter which he did. The response dated October 7, 1980, was read to the council by Mr. Grove which explained the willingness of the city to meet with them and would welcome a presentation by Safeway and would be glad to provide the appropriate time and place. A letter dated August 12, 1980, from George B. Yount, Manager of the Port of Port Townsend to Mayor McClure was copied for the council indicating that they have an interest in the Kah Tai Lagoon area and would like to be included in discussions about the ways the lagoon area could be developed. A memorandum from Mayor McClure to the 25, 1980, was sent to the coùncil reporting employees exposed to the leakage of PCB oil no danger of residual effects. The council received a letter dated September 26, 1980, from Mayor McClure to Mrs. Gregory Eisen explaining the actions that have been taken to reduce the noise problem downtown. Councilmember Smith pointed out that the council is waiting for a recommended ordinance which will help to cure the problem. Mayor McClure indicated the information is in the hands of the City Attorney. A request from Mayor McClure was copied for the council asking that the council return to its previous practice of approv- ing appointments on the same night they are introduced. After a brief discussion in which five councilmembers expressed their satisfaction with the existing practice, it was determined that the policy would remain the same. A petition with 31 signatures dated October 3, 1980, was copied for the council requesting a stopsign at the corner of 31st and Sheridan and a 15 mile per hour speed limit on 31st Street. Mayor McClure referred -this to the Water/Sewer/Street Committee. The council received a petition for a Side Sewer Contractor's License from Robert Madden dated October 3, 1980, which has been approved by the Sewer Superintendent. Councilmember Kenna made a motion that the license be granted which was seconded by Council- member Ciprioti and passed unanimously by voice vote. A letter dated October 7, 1980, from Judith Kelly and Darlene Rowland was awaiting the council at the meeting requesting to know the conclusions of the investigation into the charges against the poundmaster. Mayor McClure indicated that all reports have been returned to him and he will be drawing conclusions and referring the entire package to the City Attorney for an opinion priòr to release of the report to the council. A memorandum from the City Attorney dated September 22, 1980, was copied for the council indicating that extra help will be needed in his budget in order to comply with changes in the law that will require an attorney representing the city to be present whenever any minor violation is brought before the court. I council dated September that the tests of city indicate that there is I ANNOUNCEMENTS Mayor McClure announced that there will be a workshop in Bellingham this coming weekend on downtown development encouraging the council to attend. Mayor McClure asked if the council would conduct a joint hear- ing with the County Commissioners to consider Community Development Block Grants from the Department of Housing and Urban Development. Councilmember Ciprioti made a motion to set the hearing for Novem- ber 4, 1980, which was secondèd by Councilmember Judy and passed unanimously by voice vote. Mayor McClure announced the Mr. Grove has met the requirements to be conferred with the title of Certified Washington Municipal Clerk and presented him with the certificate. M~yor McClure announced the appointment of Gerald Barnhart to the ~rts Commission, Andrew Palmer to the Shoreline Advisory comffiissio~~~ and John Doubek to the Civil Service Commission. I - -' ': . 199 ,- ----- ____~INj.T'rES_OF THE REGULAR SESSION OF OCTOBER 7, 1980 (cont.) Councilmember Kenna made a motion to approve the appòintment of John Doubek to the Civil Service Commission which was seconded by Councilmember Judy and passed unanimously by voice vote. Council- member Kenna made a motion that the council approve the appointment of Russ Mohney to the Park Board which was seconded by Council- member Shirley and passed unanimously by voice vote. I COMMITTEE REPORTS Legislative/Environmental-Councilmember Smith reported that the committee would like to recommend that a Final Declaration of Non- Significance be issued on the rezone application no. 8008-04 for property at Sheridan and Sims Way because- the committee feels an environmental impact statement is not necessary. She made a motion to that effect which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. Finance Committee-Councilmember Judy announced that it will be necessary to increase the sewer rates because the sewer revenue is not supporting the costs of operations and the treatment plant needs some major repairs and improvements. After a brief discussion Councilmember Judy made a motion to set the hearing for November 4, 1980, which was seconded by Councilmember Kenna and passed unanimous- ly by voice vote. Youth/Senior Citizens/Human Affairs-Councilmember Shirley announced that unless the council has objection, the Police Department would like to have a dance on Halloween. He indicated the car club will be involved and off duty Police Department personnel. He indicated that a medicine ball is being purchased to aide in the training of the boxing club. I Water/Sewer/Street-Councilmember Kenna reported that they have received the feasibility study from Clark and Associates on provid- ing sewer service to Seaview Estates. PUBLIC HEARING I Rezone Application No. 8005-01 - Jefferson County Hospital District No.2-Mr. Grove explained that the Planning Commission is recom- mending approval of this application to rezone Lots 1-8, Block 193, Eisenbeis Addition from R-l to R-lll provided that certain restric- tive convenants are recorded with the property which would restrict the use to medical offices. Mayor McClure opened the meeting to receive public comments. Mr. Walter Truitt was recognized and spoke in favor of the application identifying himself as a member of the Hospital Board. He indicated that the district wants to sell the property for medical offices in order to consolidate ser- vice which they feel will be in the public interest. Dr. Peter Geerlofs was recognized and spoke in favor of the application indicating that he and his partner would like to purchase part of this property to build new offices for their partnership. He indicated that they are out of space in their present. location. He presented some plans for a building on the site. Mr. Victor Dirkson Hospital Administrator, was recognized and indicated that he is in favor the the application. Mr. Sam Anderson was recognized and indicated that he would like to see medical offices at this site but questioned whether the approach taken by the city could be ad- equatelyenforced because the courts have not supported restrictive covenants. He indicated in his opinion this would be considered spot zoning. Mr. Abraham indicated the Hospital Dist_rict would have the responsibility to enforce the covenants and have expressed a willingness to do so. There being no further testimony, Mayor McClure closed the hearing to the audience and turned the applica- tion over to the council for disposition. After a brief discussion Councilmember Ciprioti made a motion to approve the application with the understanding that the rezone will not go into effect until the date of sale provided that the covenants proposed by the Hospital Board are recorded and if no construction occurs withih'<t.wo years the zoning will revert to R-l and adopting the findings of the Planning Commission that the rezone is in compliance with the 200 MINUTES OF THE REGULAR SESSION OF OCTOBER 7, 1980 (cont.) -- - ------------~----------------------------- - ------~- -------------- spirit and intent of the City Comprehensive Plan and the Comprehen- sive Zoning Ordinance and the public interest will be served as a result of improved medical service. The motion was seconded by Councilmember Shirley and passed unanimously by voice vote. Variance Application No. 8006-04 - Muriel Valley Mr. Grove explain- ed that the Planning Commission is recommending that the council approve this application for a variánce from the front and side setback requirements of the zoning ordinance to allow the construc~ tion of a 587 square foot garage, storage and work space at 638 Madison Street. Mayor McClure opened the hearing to the audience to receive testimony. Muriel Valley was recognized and explained that the variance will allow her to bring the garage up in line with the present front of the house indicating that this is the only way that the building will fit on the property. She indicated that all property owners within two hundred feet are in favor of the variance. Mr. Herb Swanson was recognized and indicated that he lives on the side of the property that would be affected by this variance and has no objections provided the applicant does not build beyond the present line of the house. There being no further testimony, Mayor McClure closed the hearing to the audience and turned the application over to the council for disposition. Council- member Kenna made a motion that the council finds affirmatively with regard to findings one through seven of Section 6.10 of Ordinance No. 1625, and that the variance be granted as requested which was seconded by Councilmember Judy and passed unanimously by voice vote. I Variance Application No. 8009-03 and Conditional Use Permit Applic- ation No. 8009-04 - Port of Port Townsend Mr. Grove explained that the Planning Commission is recommending approval of this set of applications to allow construction of a 68'3" mast and wind powered generator at 2539 Washington Street. Mayor McClure opened the hear- ing to the audience. Mr. Levi Ross was recognized and indicated that the project is the same as originally presented with the exception of the change in location. There being no further testimony, Mayor McClure closed the hearing to the audience and turned the application over to the council for disposition. Mayor McClure reported that the contract documents have been received granting $9,000 for the project. Councilmember Kenna made a motion that the council find affirmatively with regard to findings one through seven of Section 6.10 of Ordinance No. 1625, and-that the variance be granted as requested and that the council find affirm- atively with regard to the requirements of Subsections A, B, C, and D of Section 6.08 of Ordinance No. 1625 and that a conditional use permit be granted which was seconded by Councilmember Imislund and passed unanimously by voice vote. I At 9:08 p.m. Mayor McClure declared a ten minute recess. meeting was reconvened at 9:18 p.m. The BID OPENINGS Garbage Collection Mr. Grove opened and read aloud the;f;ollowi~ng bid to- collect garbage from businesses and residences within the city from Olympic Disposal: DESCRIPTION FREQUENCY Residential single can* Weekly Two cans* Weekly 2 YR. CONTRACT RATE 5 YR. CONTRACT RATE I 3.l5/mo. 5.IS/mo. 3.l0/mo. 5.l0/mo. Additional cans over two* Weekly 1. SO/can/mo. 1. 50/ can/mo. Pack out fee Weekly 3çper. ft. 3çperft. in 25ft. in- in 25ft. in- cretments/can/mo. cretments/can/mo. ?Ol --------- M.I~NJJT ES - O:e.. _THE_liE G_ULAE_S_Es.s.r:ON_OF_-OGT_ORER-7_r--,l913,o.....:-Ü::_O nt._.J-_--- - - DESCRIPTION FREQUENCY 2 YR.CONTRACT 5 YR. CONTRACT RATE RATE Extra garbage Weekly 1. OO/can/pickup 1.00/can/pickup *Note: Fee based on roadside pickup on improved streets. I Commercial Single can Varied .80/pickup .80/pickup Two cans Varied Additional cans over two Varied .80/pickup Pack out fee Varied 3<: per ft. in 25ft. in- crements/can/ pickup I Extra garbage Varied One yard dumpster Varied One yard dumpster Weekly l~yd. dumpster Varied l~yd. dumpster Weekly 2 yard dumpster Varied 2 yard dumpster Weekly 30 yard dropboxes Varied .80/can/pickup 4.50/pickup 19.50/month 6. 75/pickup 29. 25/month 9.00/pickup 39.00/month 66.00/pickup .80/pickup .80/pickup .80/pickup 3<: per ft. in 25ft. in- c r'9men t s / c ani pickup . BO/can/pickup 4. SO/pickup 19.50/month 6. 75/pickup 29. 25/month 9.00/pickup 39.00/month 66.00/pickup ALTERNATES: (1) All prices for dumpsters do not'include $7.00 per month demoorage per dumpster. (2) Demoorage for dropboxes will be $50.00 per box. After a brief discussion, the bid was referred to the Fire/Light/ Sanitation Committee for a recommendation. NEW BUSINESS Alcohol Administrative Board Request Ms. Ella Sandviq was recogniz- ed and requested that 50% of the revenue derived from liquor excise tax and Liquor Board profits be allocated to the Alcohol Rehabilita- tion Center. She explained that the resources of the program are strained to the breaking point and that there will no1: be a viable program in 1981 without increased participation on the part of the city. Mr. Chester Prudhomme was recognized and explained that this county has the highest rate of alcoholism in the state and explained the growth of this rehabilitation program and that thE! additional money being requested is to hire some people to help. He indicated that it is a moral issue in the that the city is making lots of money from the sale of alcohol and not paying their fair share to provide help for those people who cannot handle it. ~lr. John Raymond from the Jefferson County Prosecutors Office was reco~rnized and explained how many deaths and crimes in this county are alcohol related and the program needs all the help it can get. Lee Smith was recognized and explained that the problem is outgrowing the program. Mr. Dick De Augustino from the Personnel Department at Crown Zellerbach was recognized and expressed his support of the program. Mr. Bud O'Meara was recognized and explained the back- ground in the beginning of service to the area and that the County Commissioners are now pledging 50% of their liquor related revenue to the rehabilitation program and encouraged the city to do the same. Mr. Grove asked Mr. O'Meara what peEcentage liquor related revenue is in the county's budget. Mr. O'Meara indicated that: _the infprma- . tion was not with him at the present time. Mr. Grove explained the reason he had asked the question was because liquor rE!lated revenue I 202 --- --______MI.NUTES~_DF_THE_REG_ULl:\R_S ESS_IQR__QF:' - _Oc.TOB_ER --I,___l~KO_(çQ)).t_.J--- ----- ---- ---_u_-. represents a substantially larger share of the city's present bud- get. Mr. Dick was recognized and explained tfw,t invest...- ment in rehabilitation today may reduce the need for law enforce- ment in the future. The reason for the additional people is to serve the additional clients that are requesting help. Timber Sales Mayor McClure reported that John Thronson presented a Cedar Lease Agreement for the councils consideration. Mr. Thronson was recognized and explained that he observed that there is approximately 20 cords of dead cedar on city owned property to the north of Lord's Lake which he would like to harvest before it decays to the point that it cannot be salvaged. He indicated the area involved is all below the lake. After a brief discussion on the merits of calling for bids. When asked if the city is required to call for bid in order to dispose of dead cedar, Mr. Abraham advised that it is always wise to call for bid on any surplus property. Councilmember Kenna made a motion to call for bids on the dead cedar which was seconded by Councilmember Parker and passed unanimously by voice vote. I RESOLUTION NO. 80-20 A RESOLUTION DECLARING PROPERTY SURPLUS AND AUTHORIZING SALE OR TRADE Councilmember Judy made a motion to adopt Resolution No. 80-20 which was seconded by Councilmember Shirley and passed unanimously by voice vote. ORDINANCE NO. 1866 THE TAX LEVY FOR THE YEAR 1981 I AN ORDINANCE FIXING AND ADOPTING Mr. Grove read the ordinance by title. Mr. Grove explained the deadline and the method of calculation used to arrive at the figure. It was indicated that the actual levy will probably be less than that because of the changes in the law passed by the last legisla- ture. Councilmember Kenna made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Judy and passed unanimously be voice vote. Mr.Grove read the ordinance by title. Councilmember Parker made a motion to adopt Ordinance No. 1866 which was seconded by Councilmember Imislund and passed unanimously by roll call vote. Conditional Use Permit Application No. 8009-02-Thompson, Street Vacation Application No. 8008-03-Hopeck, Street Vacation No. 8009- Ol-Bell Councilmember Ciprioti made a motion to conduct public hearings on these applications on November 4, 1980, which was seconded by Councilmember Kenna and passed unanimously by voice vote. Mr. Abraham explained that application 8009-02 for a conditional use permit cannot be approved as presented because restaurants are not a conditional use. Mr. Thompson was recognized and indicated they would revise their application to conform with the ordinance. ADJOURNMENT I There being no further business the meeting was declared adjourned at 10:32 p.m. by Mayor McClure. :Il ~J CLERK ~~ ~ 'Í ---