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HomeMy WebLinkAbout04/07/1981 245 MINU_T_ES OF THE REGULAR SESSION OF MARCH 17 I 1981 Cont. RESOLUTION NO. 81-08 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE EMPLOY- MENT OF A LAND USE PLANNING CONSULTANT I Mr. David Goldsmith was recognized and encouraged the Council to proceed with the project that he started with the City two years ago and update the comprehensive plan. He indicated that Mr. Robert DeWolfe is a respectable planner because of his experience both in the public and private sectors. He also reported that the possibility exists that funds are available for additional waterfront study. Mayon McClure then introduced Mr. DeWolfe and explained that he has interviewed ten candidates for this contract and feels Mr. DeWolfe will do the best job. Councilmember Shirley made a motion to adopt Resolution No. 81-08 which was seconded by Councilmember Kenna. 1-1ayor McClure read the agrE!ement in full for all present. The motion passed unanimously by voice vote. ADJOURNMENT There being no further business, the meeting was adjourned at 9:05 P.M. MAYOR I ATTEST: M~ CLERK-T A RER MINUTES OF THE REGULAR SESSION OF APRIL 7, 1981 The City Council of the City of Port Townsend met in regular session the 7th da~ of April, 1981, at 7:30 P.M. in the Council Chambers of City Hall, Mayor Barney McClure presiding. ROLL CALL Councilmembers present at roll call were Joseph Ciprioti, Freida Imislund, Dale Judy, Mike Kenna, James Parker, Brent: Shirley, and Elizabeth Smith. Also present were City Attorney, Glenn Abraham, City Engineer, Roger French, and City Clerk-Treasurer, David Grove. PROCLAMATION I Mayor McClure announced that he would depart from the normal agenda sequence at this time to introduce the Rhododendron Festival Queen candiates and proclaim May 9th through May 17, 1981, as the Rhododendron Festival which he did. MINUTES Councilmember Smith made a motion that page 244 be é~ended to include the phrase "based on the plans submitted to this Council by Mr. Willson." Following the first sentence of the first para- graph which was seconded by Councilmember Judy and passed unani- mously be voice vote. Councilmember Smith then madE! a motion to approve the minutes of March 17, 1981, as amended and to dispense with the reading of them which passed unanimously by voice vote. BILLS AND CLAIMS The following bills and claims were presented for payment: 246 MINUTES OF THE REGULAR SESSION OF APRIL 7, 1981 Cont. Current Expense Street Library Park Arterial Street Federal Shared Revenue Water/Sewer Equipment Rental Firemen's Pension and Relief LEAA Grant Payroll $33,745.66 6,003.51 4,427.71 686.85 231.87 2,036.98 10,849.10 3,862.51 1,127.13 1,032.00 25,092.46 I Councilmembers Shirley and Kenna requested that the bills and claims be postponed until after communications on the agenda to allow the Council Finance Committee to finish their review of the vouchers. COMMUNICATIONS The Council received an invitation dated March 16, 1981, to attend a planning meeting March 24, 1981, to Marshall Community Resources to aid older persons affected by the reductions in chore service and to discuss the development of a Senior Services Ombudsman program in Jefferson County. The Council received a letter from Forest Shomer dated March 18, 1981, commending the City Council for not passively accepting the State's dictates for a traffic signal at the future ferry terminal. Councilmember Smith reported that she had attended the meeting and explained that they were discussing design. She indicated that the State would be getting back to the City at a later date. . A letter dated March 19, 1981, from Thelma Scudi, requesting that the Conditional Use permit fòr Lizzie's a Victorian Inn at 731 Pierce Street be increased from five rooms to eight rooms allowed for bed and breakfast use. After a brief discussion, Mayor McClure referred this request tò the Legislative/Environmental Committee. Mr. French requested that the committee also investigate the possibility of instituting a Bed and Breakfast ordinance to encompass all criteria for their establishment. The Mayor requested that Mr. French make his request in writing which he indicated he would do. I ~~ Mr. Grove read a letter from Richard L. Shaneyfelt dated March 20, 1981, requesting that the City renew the Conditional Use Permit for 230 and 224 Quincy Street and make it transferrable to the new owner. Mr. French explained the history of the building and permit. Councilmember Kenna made a motion to extend the permit for a period of one year and transfer it to Mr. Johnson, the new owner. The motion was seconded by Councilmember Imislund and passed unanimously by voice vote. The Council received a letter dated March 23, 1981, from Kent Swisher, Executive Director of the Association of Washington Cities, explaining that the Municipal Research Council is one of the small agencies targeted for possible elimination by the State Legislature in search of budget cuts. He requested support for this resource by all City officials. Mayor McClure explained that a rebuttal from State Representative Bob Williams dated April 1, 1981, was sent to him and he would copy it during a break in the meeting for the Council. I The Council received a letter dated March 24, 1981, from Gary Hanson, President of the Washington and Alaska Timberland Management, Inc. explaining what procedure they would recommend in selecting a fòrestry consultant. A letter from Mayor McClure to Police Chief Robert Hinton dated March 26, 1981, was copied for the Council officially appointing Robert Boice as Police Sergeant effective March 24, 1981. 0;1'""1 ('.; '-i-; MINUTES OF THE REGULAR SESSION OF APRIL 7, 1981 Con-to ---- ------.-------------- ------ The Council received an unsigned undated request from the Domestic Violence Program requesting that letters hi: written to Andrew Nisbet, State Representative in support of the Domestic Violence and Sexual Assualt Programs. Mayor McClure reported that he spoke to Mr. Nisbet this date and infórmed him of his support for these programs. He indicated that Mr. Nisbet is not in support of these programs. I Mayor McClure reported that a letter has been writtrn to the Bonniville Power Administration requesting an application for funds to study the possibility of constructing a Hydro-Electric Generator on the Quilcene River. Mayor McClure reported that the Employment Security Department has been forced to cancel all Title II Comprehensive Training Act Funds from the City which will eliminate the staff for the Office of Human Affairs unless some other agency takes over the responsibility. Councilmember Imislund reported that a meeting will be held April 15th to decide the fate of the o.ffice. BILLS AND CLAIMS I Councilmember Parker asked for an explanation of the .roof repair to the Police Station indicating he was disturbed over the report in the Port Angeles Daily News. Mayor McClure stab:d that he made a procedural error based on his ignorance of the law. Councilmember Parker asked if he would be breaking the law by authorizing the bill to be paid. Mr. Abraham explained his memo of April 6, 1981, was prepared to shoulder the blame for the payment on the City Attorney. He indicated the pob:ntial for future legal action exists and a legal decision was necessary in order to satisfy a claim from Charles Klug Roofing Company who did the repair work. Mayor McCl:1ITe reported that since this action he has studied the bid laws and now understands them. He asked Mr. Grove to explain the procedure required and benefits of creating a small works roster to handle projects of this type which he did. Mr. Abraham explained the theóry behind the law authorizing cities to establish small works rosters and made some recommendations for features that are desirable. He explained that having a small works roster does not prohibit the Council from calling for bids even when it is not required by law. In response to a question from Councilmember Smith, Mr. Abraham explained the procedure followed if the state examiner reports this action as a violation of the law. A motion was made by Councilmember Judy and seconded by Councilmember Kenna that the bills and claims be paid from the proper funds. It passed unanimously by voice vote. ANNOUNCEMENTS Councilmember Kenna made a motion that the appointment of John G. Marckworth to the Library Board and Barbara Eby Cook to the Energy Resource Commission be approved which was seconded by Councilmember Imislund and passed unanimously by voice vote. I Mayor McClure then read a proclamation declaring April 12-18, 1981 as Medical Laboratory week in Port Townsend. Councilmember Shirley left the meeting at this time. Mayor McClure requested a volunteer from the Council to conduct a tour for visiting dignitaries from Taiwan at 3:00 P.M. April 11, 1981. Mayor McClure announced the Association of Washington Cities Convention will be held June 16-19, 1981. Councilmember Shirley returned to the room and was advised of the need for a tour guide. Mayor McClure explained that additional topics are needed for committee assignments and listed transportation, energy, and emergency services. He explained that the City has been designatec 248 MINUTES OF THE REGULAR SESSION OF APRIL 7, 1981 Cont. as the destination for residents of Kitsap County in the event of a disaster anâãmeeting will be held on April 21; 1981, to discuss the contingenêy plans. He invited the Councilmembers to attend. After a brief dissussion, transportation was assigned to the Transit Board members, Councilmembers Kenna and Imislund, energy was assigned to the Parks/Property/Preservation Committee, and emergency services was assigned to the Police/License Committee. COMMITTEE REPORTS Legislative/Environmental-Councilmember Smith made a motion that the Council issue a Final Declaration of Non-Significance on the Environmental Checklist and rezone request submitted by Port Angeles Savings and Loan which was seconded by Councilmember Kenna and passed unanimously by voice vote. She reported that the committee has met with Mr. and Mrs. Bogart on their rezone application and determined that it lacks enough specifics for it to come under the State Environmental Policy Act. Parks/Property/Preservation-Councilmember Imislund reported that the commlttee met to consider acceptance of a grant to study and prepare specification and plans for mini-parks at the end of streets stopping at the water's edge. She indicated that the committee is recommending that the grant not be accepted. Mr. David Goldsmith was recognized and explained that the grant is for $10,000 and narrow in scope. He indicated his understanding was that the committee felt acceptance might divert energy from other projects already underway. Councilmember Judy asked him to explain the proposal which he did. In addition to the $10,000 the contract would require a $2,500 match in kind or cash investment. Ms. Lois Flury was recognized and indicated that the Park Board has not had an opportunity for input on this decision. She indicated that in addition to the original scope of planning, part of these funds might be used to plan a park around Kan Tai Lagoon. She requested that additional review be made before the funds are turned back to explore with the authorities making the grant possibilities of using the funds for the lagoon park. Mayor McClure stated that it was his understanding that the funds could not be used to study the Kah Tai lagoon and asked Mr. Goldsmith to clarify the issue. Mr. Goldsmith indicated it was not within the scope of the applica- tion as originally submitted for the grant, and he was not sure whether a change could be made at this late date because the funds must be spent by June 30, 1981. Mayor McClure, requested that the Park Board prepare a study on the safety of the Pope Marine Park because of comments made during this discussion. Mayor McClure requested that the Council table the recommendation to allow the Park Board time to investigate use of the funds. Councilmember Ciprioti made a motion to table the matter which was seconded by Councilmember Judy and passed unanimously by voice vote. Ms. Lois Flury was recognized and reported that the city has received the contracts from the Interagency Committee For Outdoor Recrea- tion for land acquisition around the Kah Tai Lagoon. After the contracts are signed, the letters will be sent to the property owners offering to purchase their land. She indicated that the Park Board is recommending that the City Council close the streets in the area of the lagoon to all but pedistrian traffic and post no dumping signs. She announced that over 500 trees will be planted in the lagoon area in honor of Arbor Day. Mayor McClure asked Police Chief Robert Hinton to comment on the enforceability of an ordinance restricting the lagoon area to pedistrian only traffic. Chief Hinton explained that it is impossible to apprehend motorcycle riders who travel in the area with the present staff and equipment. Mr. Abraham explained that most of the dirt roads in the area are not on platted streets. After a brief discussion Councilmember Kenna made a motion to accept the recommendations of the Park Board which was seconded be Councilmember Smith. After further discussion and advice from the City Attorney that action of this type would be unenforceable, Councilmember Kenna withdrew his motion and Councilmember Smith withdrew her second. Councilmember Kenna then made a motion to table this matter until the next council meeting to allow the Park Board to make a more I I I 249 - ------- ----- MINUTES OF THE REGULAR SESSION OF APRIL 7, 1981 Cont. definative proposal which was seconded by Councilme~ber Judy and passed unanimously by voice vote. J- Mr. Grove reported that he contacted the Federal Emergency Manage- ment Agency and they would like to attend the council meeting on April 21, 1981. I At 9:35 P.M. Mayor McClure declared a ten minute recess. The meeting was reconvened at 9:45 P.M. with all Councilmembers present. PUBLIC HEARING Restaurants in P-l Zones-Mr. Grove explained that the Planning Commission is recommending approval of this modification to the Zoning Ordinance No. 1625. Mayor McClure then opened the hearing to the public but no testimony was offered. Mayor McClure then closed the hearing to the audience and turned the proposal over to the council for disposition. Councilmember Ciprioti made a motion to approve the concept and direct the ordinance be prepared which was seconded and passed unanimously by voice vote. ORDINANCE NO. 1883 AN ORDINANCE AMENDING ORDINANCE NO. 1625 BY THE ADDITION OF A SECTION PERMITTING RETAIL ON PREMISES FOOD SALES IN P-I ZONES I Mr. Grove read the ordinance in full. 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. Councilmember Ciprioti made a motion that the ordinance be adopted which was seconded by Councilmember Imislund and passed unanimously by roll call vote. I Conditional Use Permit No. 381-02 - George Daniels and. Don Ferrari- Mr. Abraham explained that the Council cannot grant the Conditional Use Permit tonight because the law just passed will not take effect until five days after its publication. He indicated that the Council could approve a permit to take effect when the ordinance takes effect. It was explained that the Planning Commission has made no recommendation on this proposal to locate a restaurant at 412 Water Street because no ordinance was in effect which would allow it. Councilmember Smith made a motion to refer the applica- tion to the Planning Commission which was seconded by Councilmember Shirley. Mr. Grove requested that the hearing be opened to the public to receive testimony and then recess the hearing to a date and time certain to eliminate the need to advertise again. This would enable the Council to receive a recommendation from the Planning Commission. Councilmember Smith withdrew her motion. Councilmember Shirley withdrew his second. Mayor McClure then opened the hearing to the public. Mr. George Daniels was recogn- ized and explained that they have been patient for several months awaiting Council action on their request to open a restaurant at this location and are now anxious for a decision because the tourist season is near. There being no further testimony, Council- member Smith made a motion to continue the public hearing to the regular City Council meeting April 21, 1981 which was seconded by Councilmember Shirley and passed unanimously by voice vote. Councilmember Smith made a motion that the application be referred to the planning commission for a recommendation which was seconded by Councilmember Shirley and passed unanimously by voice vote. OLD BUSINESS RESOLUTION NO. 81-07 .A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE JEFFERSON COUNTY SHERIFF'S DEPARTMENT Police Chief Hinton was recognized and explained that he feels the 250 MINUTES OF THE REGULAR SESSION OF APRIL 7, 1981 Cont. contract should be renegotiated because the County is receiving taxes from city residents to support the jail. The Mayor reported that the Council received a report prepared by the Sheriff's Department exp}aining the operating costs and other facts about the jail. Mr. Grove reported that city residents are required to pay property tax to the county for their current expense fund for services which include the County Sheriff. Councilmember Ciprioti made a mótion that the Mayor be authorized to further negótiate this contract in light of the additional information which was seconded by Council- member Shirley. During a brief discussion it was pointed out that the county by statuate is not required to house city prisoners. After due cónsideration, Mayor McClure recommended that the city accept" the agreement as presently negotiated. Police Chief Hinton expressed his agreement with the Mayor. Councilmember Ciprioti withdrew his motion and Councilmember Shirley withdrew his second. Councilmember Parker made a motion that Resolution No. 81-07 be adopted which was seconded by Councilmember Kenna and passed unanimously by voice vote. NEí'V BUSINESS Rezone Request No. 181-01 - victor Coster Councilmember Kenna made a motion that the public hearing on Application No. 181-01 be held May 5, 1981 which was seconded by Councilmember Judy and passed unanimously by voice vote. Shoreline Management Permit - Warren Erickson Mr. French explained that the Shoreline Advisory Commission is recommending that this permit to allow the removal of a storage building and the construc- tion of truck storage and office building on Lots 5 through 8, Block 27, L.B. Hastings Addition to be approved. Councilmember Shirley made a motion to authorize the permit to be issued which was seconded by Councilmember Imislund and passed unanimously by voice vote. ADJOURNMENT There being no further business, the meeting was adjourned at 10:25 P.M. ATTEST: I!~~R MINUTES OF THE REGULAR SESSION OF APRIL 21, 1981 The City Council of the City of Port ~ownsend met in regular session this 21st day of April, 1981, at 7:30 PM in the Council Chambers of City Hall, Mayor Barney McClure presiding. ROLL CALL Councilmembers present at roll call were Joseph Ciprioti, Freida Imislund, Mike Kenna, James Parker, Brent Shirley, and Elizabeth Smith. Also present were City Attorney Glenn Abraham, City Engineer Roger French, and Deputy City Treasurer Verna Spindor. Mayor McClure stated Ms. Spindor is acting as City Clerk for this meeting. MINUTES Councilmember Kenna moved and Councilmember Imislund seconded to approve the minutes of April 7, 1981, as written and to dispense I I I