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HomeMy WebLinkAbout10/06/1981 299 MINUTES OF THE SPECIAL SESSION OF SEPTEMBER 29, 1981 Cont. 'if the council wished to pay for the ambulance out of funds that would not be received until 1982, an interfund loan could be made to finance the purchase in house. After a brief discussion, Councilmember Kenna made a motión that the Ci ty accE~pt the grant which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. I Hydro Electric Project. Mayor McClure explained that Steve Lowry, an englneer who has previously studied our dam site, is willing to submit the competing application for Preliminary Permit to the Federal Energy Regulatory Commission at no cost to the City prb- , vided that the City will give them first option to do the feasibil-. ity study should the City be awarded the permit. Mayor McClure reported that Bob DeWolfe has studied this project and is recommend- ing that the City proceed with its permit application. Mayor McClurE explained that the application must be in the hands of the Federal Energy Regulatory Commission by October 6, 1981 and it would be best if the application had the seal of an engineer to establish credibili ty. Mr. Richard Chawes was recognized and 'explained the rebuttal from Crown Zellerbach on the competing permit application from Public Utility District No.1. After a brief duscussion, Councilmember Kenna made a motion to proceed wi th thl~ application fo the permit which was seconded by Councilmember Smith and passed unanimously by voice vote. Councilmernber Kenna made a motion that at some future date that the Council sit down with other applicants to discuss the project which was seconded by Councilmember Shirley but failed by voice vote with five councilmembers voting against the application. Councilmernbers Kenna and Shirley voted in favor of the application. ' ADJOURNMENT I There being no futher discussion of these topics, the meeting was adjourned at 8:39 P.M. /UZ ----~ Attest: ~~ City Clerk-Treasurer MINUTES OF THE REGULAR SESSION OF OCTOBER 6,1981 The City Council of the City of Port Townsend met in regular session this 6th day of October, 1981, 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, 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. Councilmernber James Parker arrived later in the meeting. MINUTES Councilmernber Judy made a motion to approve the minutes of September 15, 1981 as written and to dispense with the reading of them which was seconded by Councilmember Shirley and passed unanimously by voice vote. Councilmernber Imislund made a motion to approve the minutes of September 29, 1981 as written and to dispense with the reading of them which was seconded by Councilmember Judy and 300 MINUTES OF THE REGULAR SESSION OF OCTOBER 6, 1981 Cont. ------ passed unanimously by voice vote. Councilmember Ciprioti made a motion to amend the minutes of September 1, 1981, on page 290 under òld business in the paragraph on the Port Townsend Electric Energy Resource Development and Comservation Plan to include a statement that he had pointed out a motion to remove the topic from the table was not necessary because it had been tabled to that meeting and he wished the record to show that he voted against the motion which was seconded by Councilmember Smith and passed unanimously by voice vote. BILLS AND CLAIMS I The following bills and claims were presented for payment: Current Expense Street Library Park L.S.C.A. Grant Federal Shared Revenue Water/Sewer Eqüipment- Rental Firemen's Pension and Relief Payroll 28,805.73 2,335.60 1,748.72 903.78 1,238.99 2,333.70 '15,889.45 38,200.85 1,236.17 27,456.06 A motion was made by Councilmember Judy and seconded by Council- member Shirley that the bills and claims be paid from the proper funds. It passed unanimously by voice vote. COMMUNICATIONS A letter dated September 16, 1981, from, Bob O'Brien of Farmers Insurance to Mayor McClure was copied for the Council indicating the City's premium will be adjusted according to the Mayor's request. Mr. Grove explained that included with the bills this evening was a voucher for $865 to pay the new adjusted billing. He also indicated that bid specifications are out to the insurance companys and the bid opening is scheduled for November 17, 1981. I A letter dated September 18, 1981, from Kim Miller, Field Representative for the Trust for Public Lands to Mayor McClure was copied for the Council indicating in her opinion the Trust for Public Lands cannot serve a useful acquisition role in the Kah Tai project. A letter dated September 21, 1981, from Edward Darden to Mayor McClure was copied for the Council advising the City of an application for Current Use Tax Assesment for Timberland from John J. Sudlow Jr. and outlining the procedure required for the City and County to process the application. Mayor McCLure explained that a committee of three councilmembers will be needed to process this application and suggested the Parks/Property/Preservation/Energy Committee. The Council received a letter dated September 22, 1981, from David Tarr to Mayor McClure requesting that the City Council delay pro- cessing of his Short Plat application for environmental assessment. Mayor McClure referred this to the Legislative/Environmental Com- mittee. The Council received a copy of a letter dated September 23, 1981 from Mayor McClure to Dee Freeman, Department of Transportation advising him that the Council has approved the charco 1 colored guardrail for the new ferry terminal. I A letter dated September 28, 1981, from Lowell Tiller, Plant Engineer for Crown Zellerbach, to Mayor McClure was copied for the Council thanking the City and its citizens for their conservation efforts on water use. The Council received a letter dated September 29, 1981, from Carol Hardy Mills opposing the siting of a jail in place of the park at the Courthouse. She expressed support for the selection of the Haßlock site. . 3D! MINUTES OF THE REGULAR SESSION OF OCTOBER 6, 1981 Cont. Mayor McClure indicated a discussion of the jail site is scheduled for later in this meeting. I The Council received a letter dated September 29, 19:31, from Bruce D.' Keane, President of the Ocean Grove Lot Owner's Association explaining their request to use the City's waterline to deliver water from their well at Four Corners to the Ocean Grove area and answering some challenge~ to their request. It was indicated that this will be discussed under old business later in this meeting. A letter dated September 29, 1981, from A.R. Morrell to Mayor McClure was copied for the Council advising him of the construction schedule for a signal at the intersection of Kearney Street and SR 20 (Sims Way). Mayor McClure asked Mr. Grove to :cead the schedule aloud to the audience which he did. Mayor HcClure asked Mr. Hawley to explain what a temporary signal is which he did. The Council received a letter dated September 29, 1981, from Kevin Larson requesting a street light at the entrance to Castle Hill Shopping Center from Sims Way. Mayor McClure referred this to the Fire/Light/Sanitation Committee. CouncilmembE~r Ciprioti explained that the committee reviewed his request previously and turned down this location because there is one across the street. Mayor McClure asked Mr. Grove to correspond with Mr. Larson. I The Council received a letter dated October 1, 1981, from Lars Watson accusing Brent Shirley of violating the open Ineeting law. Councilmember Shirley explained that Mr. Watson was under the mis-understanding that councilmembers cannot converse outside of a city council meeting. Mr. Abraham explained that this refers to meetings other than social gatherings where a majority of council is present and does not apply to individual conversa-tions between two or three councilmembers. A letter dated October 2, 1981, from Mayor McClure to Kenneth Clark of Clark and Associates was copied for the Council requesting that. they correct the easements to conform with the as-built location of the City's main transmission line and permanently monument the easements and rights of way for future reference for a total cost of $15,000. Mayor McClure recognized Mr. Kenneth Clark who explained that this is a logical extension of the survey work already com- pleted by his firm and will correct mistakes made over several years. The easements vary in size and in some locations are in a separate location from the water line. This work when complete will make all easements consistent and physically marked on the land. Mayor McClure read a letter dated September 24, 1981, from D.W. Freeman of the Department of Transportation requesting an answer to their letter of June 26, 1981, relating to street lighting along SR 20 in relation to the ñew ferry terminal. I Mayor McClure reported that the City has received a request from . the Association of Washington Cities that letters be written to the Governor on an initiative to allow an additional ~ç local sales tax. He ~ndicated that it is proposed to reduce Federal Shared Revenue by 12% in 1982 and letters to our congressmen are encouraged to protest this action./ ANNOUNCEMENTS Councilmember Imislund made a motion to approve the appointment of Leslie Sirag to the Arts Commission and Wanda Black -to the Planning Commission which was seconded by Councilmember ParkeT and passed unanimously by voice vote. Mayor McClure announced the appointments of Robert H. Cook to the ci viI Service Commission and Dorothy Yantz to the En,ergy Resource Commission. Mayor McClure announced the new legislative districts and how representation has changed. 302 MINUTES OF THE REGULAR SESSION OF OCTOBER 6, 1981 Cont. COMMITTEE REPORTS Legislative/Environmental Committee. Councilmember Smith reported that the committee is ready to recommend a final declaration of non-significance on the landfill project proposed by Community Investments. She explained that the Department of Ecolocy has made some recommendations for conditions that the committee considers appropriate. Councilmember Smith then made a motion that a final declaration of non-significange be issued on the Community Invest- ments Land Fill provided that the following mitigating measures: 1. All filhmaterial should be clean earth or dredge material. No wood waste, and 2. Records should be checked to be sure that no buried fuel tanks remain on the sight. Councilmember Ciprioti seconded the motion which was passed unanimously by voice vote. I Water/Sewer/Street Committee. Councilmember Kenna reported that the Street/Sewer Superintendent Ed Hawley would like to address the Council on the proposal to purchase a used mower. Mr. Hawley was recognized and explained that the city has: an opportunity to replace a brokendown, inadequate mower with a used flail mower which is better designated for the-type of work needed on the roadsides within the city. He requested that the Council approve this purchase from Brim Tractor Company out of Lynden, Washington in the amount of $17,206 plus tax allowing $2,300 to be met by trading in the Oliver Tractor/Loader and Massey Tractor/Mower. After a brief discussion, Councilmember Kenna made a motion to approve the expenditure which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. Councilmember Shirley asked to have Mr. Hawley explain what traffic control measures he wouldrabher implement in lieu of installing a stop sign at the top of Cherry Street Hill. Mr. Hawley indicated that the street depart- ment plans to widen the roadway to provide a safer way for the pedestrians on both sides and do extensive signing. He indicated that both he and the police chief feel that increased surveilance will do more good than the placement of a stop sign. Councilmember Kenna reported that the committee has met with Roger French and the Department of Transportation to discuss funding from the state for the street lighting and alternative plans for decorative lighting in lieu of the standard sodium vapor lights. Mr. Jim Grabicki was recognized and indicated he was present at the meeting to answer any questions about their proposed use of Harrison Street near the proposed new ferry terminal. Counéilmember Kenna indicated that the committee has not met to consider their request. I Mayor McClure asked the Council what their pleasure was with regard to the promotion of the Emergency Services Property Tax Levy Referrendum. He indicated that he could use him column~in:the newspaper as a vehicle to express support. Mr. Grove explained it was his understanding that city funds could not be used to campaign for the issue, but suggested that the Volunteer Fire Department be approached to publicize the issue. Councilmember Ciprioti reveiwed the background to the request. Councilmember Shirley asked Mr. Abraham if the parking meters can be removed from the streets without further action on the part of the City Council. Mr. -Abraham indicated that the meters can be removed at anytime. Mayor McClure reported that the permit application to the Federal Energy Regulatory Commission has been sent and a copy will be circulated through the Council. I PUBLIC HEARINGS Street Vacation Application No. 481-01-Steven Cooper. ~1r. Grove explained that the Planning Commission is recommending approval of this application to vacate lOth Street between McPherson and Thomas Streets. Mayor HcClure opened that hearing to receive public comments, but none were offered. Mayor McClure then closed the hearing to the audience, and turned the application over to the Council for disposition. After a brief discussion, Councilmember Ciprioti made a motion to approve the application and that the city maintain a utility easement as described in ~o(--<) \I, ,v MINUTES OF THE REGULAR SESSION OF OCTOBER 6, 1981 Cont. Ordinance No. 1802 which was seconded by Councilmember Judy and passed unanimously by voice vote. I Street Vacation Application No. 681-01-Clarence Schaff. Mr. Grove reported that the Planning Commission is recommendin<::r approval of this application to vacated Ninth Street between Gise and Holcomb Streets. He read a portion of their recommendation t~hat the remainder of 9th Street from this location to the bluff be vacated as well. After a brief discussion of this request, ~[ayor McClure asked the City Attorney if the Counc~l can consider this extra portion of the street at this time. Mayor McClure declared a recess at approximately 8:45 P.M. to allow the City Attorney to consider his request. The meeting was reconvened at 8:55 P.M. with all Councilmember present. consider the Mr. Abraham explained that the Council could onlyV present applica- tion because no public notice has been published on t:he additional parcel in question. Mayor McClure then opened the hearing to the audience. Mr. Bruce McComas was recognized and indicated that he abutts this street and feels that a street on that side of his property is not necessary. There being no further testimony, Mayor McClure closed the hearing to the audinece and turned the application over to the Council for disposition. Mr. Grove explain- ed that Willine Harris of puget Power requested that the City reserve a utility easement for the overhead power lines that run within this right-of-way. Councilmember Ciprioti made a motion to approve the application reserving the usual easemEmt down the center which was seconded by Councilmember Smith and passed unanimously by voice vote. I OLD BUSINESS I Agreement for use of Transmission Line - Ocean Grove ., Councilmember Kenna reported that he has presented the Council wi Hi a revised draft agreement. Mr. Grove explained that the motion tabled to this meeting was to deny the request. Councilmember Smith requested that the meeting be opened to the audience to receive additional comments from representatives of Ocean Grove. Mr. Jack Olson of Clark and Assoicates was recognized and spoke in favor of the agreement. He reviewed the history of their efforts to obtain water for their property and requested two responses from i:he Council. First, The Ocean Grove Landowner's Association needs a written response to their request for city water. If that request is to be denied, the Department of Social and Health Services has requested that they be given an explanation as to the reasons \ll7hy. Second, if the city will not sell them water, then they are requesting the use of the city water line to deliver water from their well in the area of Four Corners to Chevy Chase. He explained that the well would be required to operate under the same laws and health requirements as the city. He advised the Council that no other legal obligations will be placed on the city beyond 1:he agreement to transport water. Mr. Frank Vane was recognized and explained that if the well were to be connected to the line the water flow would be going toward Adê1ma Beach and not toward thE~ city. He indicated the line they would bùild would be 8 inches in diameter to meet the city requirements if the city should latE~r consider serving the area. Mr. Rick Dennison was recognized and spoke agå.i,nst the proposal pointing out that the City's Wai:er Plan is seven years old which first indicated the city should consider serving water to Ocean Grove. Population in the city and Tri- Cities has increased much faster than was first projected. He repeated a statement made at the previous council meeting that it would be difficult to discontinue the flow of water to Ocean Grove if the well they are operating has to be stopped. Mr. Bruce Brown owner of Olympic Village Mobile Home Park was recognized and spoke against the use of the well and has no quarrel with "the city. He explained that the well will draw down their water :source and they plan to continue their protest. Ms. Pat Floyd was recognized and spoke aginast the proposal because it is not sensible in her 304 MINUTES OF THE REGULAR SESSION OF OCTOBER 6, 1981 Cant. opinion to mix public and private water supplies. She recommended that the city buy the well if they connect it to the system. After a brief discuss~on, Mr. Grove restated that the motion is to deny the request. The motion died by roll call vote with four council- members voting agàins-t-the mÒt;l.on. Councilmembers Smith, Imislund and Shirley voted in favor of the motion. Councilmember Kenna explained that the agreement before the Council is a draft and asked the City Attorney, Glenn Abraham, to explain the implications. Mr. Abraham explained that the protection of city water will require a fail safe system of some kind to insure that the well does not contaminate the city water. This system may be costly he stated but that cost is not the concern of the city. Councilmember Kenna made a motion that the agreement be adopted which was seconded by Councilmember Judy. Councilmember Imislund asked who decided on the fee of $205 per month. Councilmember Kenna explained that Mr. French had made a calculation based on the life of the line, etc. A brief discussion ensued on the content of the agreement. Mayor McClure expressed his opposition to this agreement and requested that more input be sought before a decision is reached as to whether it should be approved. He reported that the water superintendent is also opposed to this agreement and requested that hebegi"ve'n an 'opportunity to meet with the committee in light of the fact that he will be obligated to administer the agreement once it is enacted. After a brief discussion, Councilmember Shirley made a motion to table the agreement which was seconded by Councilmember Imislund and passed unanimously be voice vote. Councilmember Smith asked if the Mayor had the necessary information to write a response to the first part of their request for the city to supply them with water. Mayor McClure indicated that he would write the appropriate letter. I Ambulance Purchase. Mr. Grove explained the draft ordinances pre- sented to the council to establish the appropriation and provide the financing by interfund loan. After a brief discussion on the timing of the passage of the ordinances, Ordinance No. 1895 was read by title. I ORDINANCE NO. 1895 AN ORDINANCE APPROPRIATING THE SUM OF $34,000 FROM EQUIPMENT RENTAL AND DECLARING AN EMERGENCY Mayor McClure explained that a motion would be in order to authorize the purchase of another ambulance. Councilmember Imislund made the motion which was seconded by Councilmember Kenna and passed unanimously by voice vote. Siting of the Proposed New Jail. Mayor McClure reported that the County Commissioners appeared to be close to a decision on the selection without allowing adequate input from the City Council He indicated that an ad-hoc committee has been DO'rmedborevxew the possibility of other sites within the city limits which is headed by Counci1member Shirley. Mayor McClure indicated that they have requested more time to complete their study. Mayor McClure indicated that another committee member is needed and Councilmember Parker volunteered. The third member of the committee was announced to be Mike Kenna. NEW BUSINESS I Surplus Vehicle. Mr. Grove explained that the City owns a 1974 Plymouth Fury II (ID#41K4D234696) which is in bad mechanical condition and no longer needed for city use. He explained that the Eqùipment Rental Superintendent, Robert Kenyon is recommending that the Council declare it surplus and authorize a call for bids on it. Councilmember Judy made a motion to that effect which was seconded by Councilmember Parker and passed unanimously by voice vote. Advance Travel Expense Revolving Fund. Mr. Grove explained that the cost of travel has increased dramatically over the past few years and some employees and officials need a cash advance just to be ;jOB MINUTES OF THE REGULAR SESSION OF OCTOBER 6, 1981 Cont. able to make the trips. He indicated that the Council received a copy of the Auditors Bulletin outlining the procedure the city is required to follow is order to establish and operate the fund. Mr. Grove then read Ordinance No. 1896 by title. ORDINANCE NO. 1896 I AN ORDINANCE ESTABLISHING AN ADVANCE TRAVEL EXPENSE REVOLVING FUND Councilmember Shirley made a motion that the first r<eading be considered the second and the third be by title only which was seconded by Councilmember Judy and passed unanimously by voice vote. Councilmember Judy made a motion to adopt Ordinance No. 1896 which was seconded by Councilmember Imislund and passed unanimously by roll call vote. Telephone Tax Legislation. Mr. Grove reported that the Legislature passed new laws which effect how much business done by the tele- phone company will be subject to utility tax. He explained that the city will be loosing some of its revenue unless a new ordinance is enacted to revise our taxing structure for the telephone company. Mr. Grove indicated that the Council received a model ordinance prepared by the telephone company which is now in the hands of the City Attorney and requested that the Council be prepared to discuss it at the next council meeting. Mayor McClure suggested that Mr. Grove meet with the ad-hoc committee between meetings in order to obtain a recommendation. I Amusement Machines. Mayor McClure inquired as to whether the amusement machines in town are regulated in any way. It was indicated that a license is required on each mach~ne and the zoning ordinance requires a conditional use permit be obtained for amusement enterprises. It was explained that amusement enterprises are not defined in the ordinance so an administrative definition has been established in consultation with the City Attorney. This definition is based on the amount of floor space devoted to amusement machines. Businesses w~th over 50% of their floor space devoted to amusement machines is considered an amusement enter- prise under this definition. Mayor McClure suggested that the councilmembers may want to consider revising their charges for these machines. Street vacation Application No. 781-01 - Valrob Land Company. CounC1..lmember Sh1.r.ley made a mot1.on that the Counc1..l conduct a public hearing on this application on November 3, 1981 which was seconded by Councilmember Judy and passed unanimously by voice vote. ADJOURNMENT There being no further business, the meeting was declared adjourned by Mayor McClure at 10:05 P.M. I ~~ ------- ATTEST: ~~ City Clerk