Loading...
HomeMy WebLinkAbout12/02/1980 217 - ----- --- -- ---~~------ MINUTES OF THE REGULAR SESSION OF DECEMBER 2, 1980 I The City Council of the City of Port Townsend met in regular se:3sion this 2nd day of December, 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 Friedå Imislund, Dale ,Judy, Mike Kenna, Brent Shirlèy, and Elizabeth Smith. Also present were City Attorney Glenn Abra- ham, and City Clerk-Treasurer David Grove. Councilmembers James Parker and Joseph Ciprioti arrived later in the meeting. MINUTES Councilmember Judy moved and Councilmernber Imislund seconded to approve the min- utes of November 18, 1980, as written and to dispense with the reading of them. The motion passed unanimously by roll call 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 22,820.2:3 7,211.7:3 2,452.07 496. 71 l,269.35 2,308.9:3 14,977.20 4,592.03 l,O79.44 23,441.27 A motion was made by Councilmember Judy and seconded by Councillnember Shirlèy that the bills and claims be paid from the proper funds. It passed unanimously by voice vote. COMMUNICATIONS J The Council received a letter dated November l4, 1980, from Ms. Josephine Crist requesting that the City proceed with a local improvement district to provide sewer service to Seaview Estates. Mayor McClure referred this to the Water/ Sewer/Street Committee. On November 20, 1980, the Council received a Raymond J. Rollins, Manager of Port Townsend be approved before November l5, 1980. Mayor the public hearing. The Council received a copy of a letter from Johri R. Walker datE~d November 2l, 1980, reporting the revised population estimate for 1980 as 6,072 people for Port Townsend. letter dated Octobør l4, 1980, from Cable T.V. requesting a rate increase McClure asked that this be held until I A letter dated November 25, 1980, from Gene Amundson was copied for the Council recommending that the Council retain the parking meters in town to support Police and Fire protection. Mayor McClure recommended that this be held for the dis- cussion to follow on the agenda.' The Council received a letter dated November 26, 1980, from Barney Sabo as Chair- man of the Retail Trade Committee of the Port Townsend Chamber of Commerce to Mayor McClure in sùpport òf the removal of parking meters and increasing the fine for overtime parking. Mayor McClure indicated this should be held for later on the agenda. The Council received a letter dated November 28, 1980, from G. Pedro Tama identi- fing himself as a member of the Hastings Neighborhood Association together with a petition carrying 26 signatures opposing the development fo p:~operty known as Smith's Old Place on Hastings Avenue by Valrob Land Co. Inc. requesting that no permits be issued to Valrol::5 for construction. Mr. Abraham explained that this matter is pending court action and the Council has no authority to approve or deny permits. Mayor McClure explained to Mr. Tama who was in the audience that the City Engineer as Building Official will take the appropriat'3 action. Mr. 218 MINUTES OF THE REGULAR SESSION OF DECEMBER 2, 1980 (cont.) Tama was recognized and indicated his feeling that the legal impact this matter has on City Planning should make it a Council matter rather than administrative. Mr. Tama indicated the developer has begun construction of streets and sewers, Mayor McClure advised him to seek restraining order from the court. Mr. Tama indicated he is not a party to the law suit. ANNOUNCEMENTS I Mr. Stephen Hayden was recognized and expressed his objection to what appearèd to him to be a contradiction to earlier statements made in the Safeway case. Mr. Abraham reaffirmed that his statements have been consistent with the fact that the City Council has no jurisdiction on matters pending court action. Mayor McClure announced that he attended a meeting with Department of Transporta- tion on ferry service and learned that the rates will be increased 27% in May of 1981 and more at later times to meet union demands for salaries and wages. Councilmember Kenna announced that the Department of Transportation has selected a site for the new ferry terminal in Port Townsend and will be conducting a pub- lic hearing in January and making a presentation to the City Council at perhaps the next meeting. Mayor McClure announced the-re-appointments of John Doubek to the Civil Service Commission, John Floyd to the Planning Commission, and Lois Flury and Paul Jacob- son to the Park Board. Councilmember Smith made a motion to approve the re-ap- pointments which Was seconded by Councilmember Parker and passed unanimously by voice vote. Maÿ-or--McClure announced the appointment of Thorne Edwards to the Arts Commission. He explained that Mr. Edwards lives out of town but does own property here. The Mayor indicated he has been encouraging the County to form an Arts Commission which would make Mr. Edwards a logical candidate for the County. COMMITTEE REPORTS I Water/Sewer/Street Committee - Councilmember Kenna reported that Mr. Hawley was in Seattle this date to review plans with an abutting property owner--on the sewer service line to Seaview Estates. He indicated that the Committee has not had time to adaquatelY research the proposal to remove parking meters and do not have a recommendation. They are however in agreement with the past practice to cover the meters before Christmas. The Committee recommended that it be stricken from the agenda. Finance Committee - Councilmember Judy reported that the Committee has been meet- ing with the Mayor and Union Representàtives to negotiate a new contract to re- place the exsisting contract which expires in January. Mayor McClure reported that the City is negotiating a contract with fire districts land 6 to provide ambulance service in those areas as a result of the levy elec- tions held recently. PUBLIC HEARING Cable Television Franchise for Summit Communications - Mr. Grove explained that the Council received a request dated October 29, 1980 for a new franchise to provide cable television services within the City limits. The Council Committee has recommended that the proposal be revised to include periodic increases in the percentage of fee paid to the City. He indicated that the purpose of the hearing is to receive public commènt on the proposal. Mayor McClure opened the hearing to receive testimony. Mr. Jim Hershfield was recognized and identified himself as a representative of Summit Communications. He indicated that he and Mr. Rol- lins are available to answer questions. Ms. Jeneen Hayden was recognized and asked for an explanation as to-what this request is for. Mr. Grove explained that the applicant would like the City to remove the requirement that they justi- fy a rate increase before the City Council before it goès into effect, making the name change to Port Townsend Cable T.V.,LTD., and eliminating those sections pretaining to construction. Mr. Larry Dennisoawas recognized and testified against the elimination of public hearings from tþe process as initiating a dangerous precedent. Mr. Hershfield waS recognized and explained that the City can still require that the Company justify their increase to them without the necessity of a public hearing. Mr. John Floyd was recognized and asked what mechanism the citizen has to make his feelings known to the City-Council if they I 219 MINUTES OF THE REGULAR SESSION ON DECEMBER 2, 1980 (cont.) -------- I are dissatisfied with the actions of the company. Mr. Grove re~d the appropriate section of the proposed ordinance and sumarized that the citizen would need to motivate the Council to act. Mr. Hershfield indicated that they print books of bills rather than sending monthly bills so changes will not be frequent in the rates. Councilmember Imislund asked Mr. Hershfield why Section 7) operation and maintenance of the system and Section 8) emergency use of facilities were deleted from the new franchise. He indicated that emergency use of facilities were not requested during the life of the contract to date. Councilmemb'~r Imislund asked why the section requiring the company to supply the City with maps has not been included. Mr. Hershfield indicated that as the system is expanded, the company will be required to obtain permits which will include the appropriate maps. Coun- cilmember Imislund indicated that there are some words missing from Section 18.- Mr. Hershfie1d agreed. Mr. Charles Wallin was recognized and expressed a desire that the Council retain the plan to have hearings on all rate increases. There being no further public comments offered, Mayor McClure- closed -the hearing to the audience and turned the matter over to the Council for disposition. Mr. Abraham - explained that the proposed Section- 15 . Subsection C. is nothin<J more than a veto power without public hearing requirements. After a brief discussion, Coun- cilmember Shirley made a motion to approve the draft ordinance 'Ñith the addition of Section 7 and 8 from ôrdinance No. li762 and the addition of the woras "and requir a public hearing if deemed necessary" at the end of Section l5. Subsection C which was seconded by Councilmember Ciprioti. Councilmember ,shirely then a- mended his motion to include the requirement that the company notify the City 30 d~ys in advance <Sf a rate increase which was agreeable to Councilmember Ciprioti who had seconded the motion. The motion as amended was passed -~nanimously by voice vote. I Rate Increase for Cable Television - Mr. Grove explained that eïTen though the draft ordinance has been approved in content, it has not been written in final form and adopted as a franchise. Until such time as the franchise is adopted the company cannot increase its rates. Councilmember Judy made a motion to ap- prove the rate increases. He then withdrew the motion when it 'Ñas pointed out that no hearing had been held. Because the public hearing has been advertised for this night to consider :the rate increase, Mr. Grove indicated the proposed rate increases are as follows: Description Present Rate Increase Proposed Rate Single Family Dwelling First Outlet Installation 6.90 1.50 8.40 l4.00 11.00 25.00 1.00 .50 1.50 4.00 6.00 lO.OO 5.00 5.00 10.00 5.00 5.00 lO.OO Each Additional Outlet Installation Move Per Outlet Reconnect Multiple Family Dwelling First Outlet per Unit Installation 3.50 1.00 4.50 l4.00 l1. 00 25.00 1.00 .50 1.50 4.00 6.00 10.00 I Each Additional Outlet per Unit Installation Mayor McClure then opened the hearing to receive public testimo:ClY. Mr. Charles Wallin was recognized and objected to the appearance that the decision has al- ready been made to approve this increase without the hearing. ]~r. Warren Steurer was recognized and asked if the Council Committee has reviewed the proposal and deemed the increases necessary. Councilmember Shirley indicated that they have. Mr. Grove was recognized, having removed himself from the position of CLty Clerk to address the Council as a citizen. He indicated that-the company has presented no evidence within the scope of this hearing which justifies this increase. He pointed out that the company knew that they would loose money for the first few years because of the high cost to start- up this system. He indicated the burden of proof is on the company to support the increase. In the abs.,mse of proof, the Council should deny the request. Councilmember Judy and Ciprioti indicated that the explanation had been made to the Council-at a previous meeting by the grantee. Mr. Hershfièld was recognized and indicated that they do not plan to raise their rates to the level indicated in the Ordinance all at once but over a period of two years. He then urged the Council to approve these increases. There being no further testimony offered, Mayor McClure closed the hearing to the audience and turned the request ov~r to the Council for disposition. Councilmember Kenna 220 MINUTES OF THE REGULAR SESSION OF DECEMBER 2, 1980 (cont.) made a motion to approve the rate increases which was seconded by Councilmember Shirley and passed unanimously by voice vote. OLD BUSINESS Garbage Rate Increases - Councilmember Ciprioti made a motion that the Council conduct a public hearing on the proposed increases to the garbage rates December l6, 1980, which Was seconded by CouncilmemberShirley and passed unanimously by voice vote. I ORDINANCE NO. 1868 AN ORDINANCE REZONING BLOCK 193 OF THE EISENBEIS ADDITION AND PROVIDING CONDITIONS THEREFOR. Mr. Grove read the Ordinance by title. 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 by- voice vote. Mr. Grove read the Ordinance by title again. Councilmember Ciprioti made a motion to adopt ðrdinance No. l868 which was seconded by Councilmember Judy and passed unanimously by voice vote. ORDINANCE NO. l869 AN ORDINANCE ADOPTING BY REFERENCE THE STATE TRAFFIC CODE, EFFECTIVE JANUARY l, 1981. Mr. Abraham explained that this Ordinance will enable the City to continue to do as we have in the past as far as traffic law enforcement. Mr. Grove read the Ordinance by title. Councllmember Kenna made a motion that the first reading be considered the second-and the third be by title only which was seconded by Coun- cilmember Judy and passed unanimously by voice vote. Mr. Grove read the Ordinance by title again. Councilmember Júdy made a motion to adopt Ordinance No. 1869 which was seconded by Councilmember Imislund and passed unanimously by roll call vote. I RESOLUTION NO. 80-23 A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR GARBAGE COLLECTION. Councilmember--Ciprioti made a motion to approve Resolution No. 80-23 which was seconded by Councilmember Judy and passed unanimously by voice vote. NEW BUSINESS RESðLUTION NO. 80-24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMBULANCE SERVICE CONTRACT WITH JEFFERSON COUNTY FIRE PROTECTION DISTRICTS "l" and "6". Councilmember Judy made a motion that Resolution No. 80-24 be adopted which was seconded by Councilmember Imislund and passed unanimously by voice vote. RESOLUTION NO. 80-25 A RESOLUTION AUTHORIZING A EXCHANGE OF DEEDS FOR DESCRIPTION CORRECTION. Mr. Abraham explained that when resivoir, a mistake waS made in is agreeable with the exchange. resolution be adopted which was animously by voice vote. Rezone Application No. 8008~Ol - Worley- and Street Vacation Ol - Worley - Councilmember Ciprioti made a motion that the public hearing on these applications January 6, 1981, which cilmember Smith and passed unanimously by voice vote. the City purchase land for access to the new the legal description of the land and the owner Councilmember Ciprioti made a motion that the seconded by Councilmember Smith and passed un- I Application No. 8008 Council conduct a was seconded by Coun- ORDINANCE NO. 1867 AN ORDINANCE APPROPRIATING $58,200.00 TO VARIOUS FUNDS AND DECLARING AN EMERGENCY. ~"' _21 ,;", MINUTES OF THE REGULAR SESSION OF DECEMBER 2, 1980 (cont.) -------- - - _u_---- - -- -- -. Mr:.. Grove read:_the Ordinance by title. He explained that the law requires that this Ordinance be held over to the next meeting before it can be adopted. ADJOURNMENT I There being no further business to come before-- the Council at 1:his time, Mayor McClure declared the meeting adjourned at 9:l5 P.M. : ATTEST: ~~ MAYOR L~~ CLERK-TREASURER MINUTES OF THE REGULAR SESSION OF DECEMBER 16, 19BO The City Council of the City of Port Townsend met in regular session this l6th day of December, 1980, at 7:30 P.M. in the Council Chambers of City Hall, Mayor Barney McClure presiding. I ROLL CALL Councilmembers present at roll call were Joseph Ciprioti, Freida Imislund,' Dale Judy, Mike Kenna, James Parker Brent Shirley, and Elizabeth Smi 1:h. Also present were City Attorney Glenn Abraham, and City Clerk-Treasurer David Grove. MINUTES Councilmember Ciprioti proposed a correction to page 2l9 under rate increase for cable television six lines from the bottom to read "The explana1:ions had been made to the Council at a previous meeting by Port Townsend Cable T.V." Council- member Ciprioti moved and Councilmember Júdy seconded to approve the minutes of December land 2, 1980, as amended 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 Appropriate Technology Park Arterial Street Federal Shared Revenue Water/Sewer Equipment Rental Grant Fund l,755.42 4,087.42 5,394.52 117.l4 3,l88.88 l55.54 4,859.9l l,l60.72 A motion waS made by Councilmember Parker and seconded by Councilmember Imislund that the bills and claims be paid from the proper funds. It passed unanimously by voice vote. COMMUNICATIONS The Council received a copy of the letter dated December 3, 1980, from R.E. Truitt, District Traffic Engineer for the State of Washington Department of Transportation informing the City of the traffic counts at various locations