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HomeMy WebLinkAbout10/20/1981 306 MINUTES OF THE REGULAR SESSION OF OCTOBER 20L_1-98), -- ----- ~--- The City Council of the City of Port Townsend met in regular session this 20th day of October, 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 Freida Imislund, Mike Kenna, James Parker, Brent Shirley, and Elizabeth Smith. Also present were City Attorney Glenn Abraham, City Engineer Roger ~rench, and City Clerk-Treasurer David Grove. I MINUTES Councilmember Kenna moved and Councilmember Smith seconded to approve the minutes of October 6, 1981 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: Current Expense Street Library Park L.S.C.A. Grant Federal Shared Revenue Water/Sewer Equipment Rental Payroll 5,038.76 3,161.87 59.35 767.90 9.54 185.38 5,137.57 1,196.04 1,010.02 A motion was made by Councilmember Shirley and seconded by Council- member Imislund that the bills and claims be paid from the proper funds. It passed unanimously by voice vote. I COMMUNICATIONS A claim for expenses dated September 30, 1981, from Florence Nesbit was copied for the Council requesting ,that.::theèity pay her-medical bills related to a fall on the sidewalk on Lawrence Street between Filmore and Tyler. Councilmember Kenna made a motion to turn the claim over to the insurance company which was seconded by Council- member Imislund and passed unanimously by voice vote. An environmental checklist dated October 6, 1981 from Jeff Ware was copied for the Council on the proposed subdivision of 2 acres on 25th Street. Mayor McClure referred this to the Legislative/ Environmental Committee. A letter dated October 9, 1981 from Ginger Barrett, director of the Domestic Violence Program to Mayor McClure was copied for the Council requesting financial support in the amount of $6,500 in 1982. A letter dated October 14, 1981, from Peter Badame of Jefferson Transit Authority was copied fo~ the Council requesting permission to erect two signs on the northeast corner of Washington and Monroe Streets. The design and proposed location were described in a sketch delivered to the Council this night. After a brief discussion Councilmember Shirley made a motion to authorize the construction of the sign with the understanding that the permission can be revoked at any time. The motion was seconded by Councilmember Kenna and passed unanimously by voice vote. I An application for Permit to the Washington State Department of Ecology for water rights on the Big Quilcene River for power generation was copied for the Council on October 14, 1981. A letter dated October 12, 1981, from D.W. Freeman to Mayor McClure was copied for the Council providing sketches of the handrail to be placed along the seawall in conjunction with the new sidewalk and requesting his acceptance. \ 307 MINUTES OF THE REGULAR SESSION OF OCTOBER 20, 19B1 Cant. I I I Councilmember Smith made a motion to approve the design for the handrail which was seconded by Councilmember Imislund and passed unanimously by voice vote. A l,etter dated October 13, 1981, from Lowell L. Tiller of Crown Zellerbach to Mayor McClure, a letter dated October 14, 1981, from Mayor McClure to Lowell Tiller, and a letter dated October 16, 1981 from Lowell Tiller to Mayor McCLure were copied for i:he Council expressing concern and opposition to the connection of Ocean Grove's well to the city water system. Councilmember Shirley made a motion to remove the motion for approval of the agreement from the table which was seconded by Councilmember Smith and passed unanimously by voice vote. The letter of October 16, 1981, was read in full. after a brief discussion, Councilmember Kenna made a motion to table the main motion which was seconded by Councilmember Parker but died by voice vote with three councilmembers voting against the motion. Councilmembers Kenna and Parker voted in favor of the motion. A roll call vote on the main motion found three council- members voting against the motion. Councilmember Parker voted in favor of the motion and Councilmember Kenna abstained from voting. The motion failed. ANNOUNCEMENTS Councilmember Kenna made a motion to approve the appointment of Dorothy Yantz and Robert Cook to the Planning Commission and Civil Service Commission respectively which was seconded by Councilmember Shirley and passed unanimously by voice vote. Mayor McClure proclaimed October 24, 1981, as United Nations Day. He indicated that Roberta Smith has been appointed as the city's representative and there will be a program at 5:00 P..M. in the Recreation Center. COMMITTEE REPORTS Legislative/Environmental. Councilmember Smith reported that the committee is recommending that a final declaration of non-signific- ance be issued on the Shoreline Substantial DevelopmEmt Permit Application from the Kah Tai Care Center. She made a. motion to that effect which was seconded by Councilmember Kenna and passed unani- mously by voice vote. Water/Sewer/Street. Councilmember Kenna reported that the committee is working on a proposal to provide street lighting at the new ferry terminal similar to that in Victoria, British Columbia, Canada. He indicated they are attempting to tie it into the light- ing design planned for the Plaza. He indicated that the state has given no assurance that they will agree to it. Undergrounding of utilities was discussed. PUBLIC HEARINGS Street Vacation Application No. 881-01 - Kah Tai Care Center Mr. Grove explained that the Planning Commission is recornmending approval of this application to vacate Lawrence StreE~t between Kearney and Decatur Streets provided a utility and pedestrian ease- ment along the southeast property line of lots 13vand 22 of Block 24 of the Railroad Addition and the sale of the propE~rty from Jefferson County Public utility District to the Kah rrai Care Center does not fall through. It was noted that a minority report was also filed. Mayor McClure opened the hearing to the public. Mr. Kenneth Loge was recognized and spoke in favor of thE~ application. He explained that there is a waiting list for residency in this care center and the cost would be less to enlarge the present facility than to construct a separate one. He indicated that he has several letters of support for the project which he would make available to the Council. Ms. Eleanor Smith was recoqnized and spoke in favor of the application describing the difficulties encountered in trying to place an elderly family me~~er ~ and friends. She indicated that this expansion will bring in added 308 MINUTES OF THE REGULAR SESSION OF OCTOBER 20, 1981 Cont. jobs to the community. Ms. Kris DeWeese was recognized and chal- lenged Councilmember Shirley's ability to consider this legislation because he sells insurance to the Kah Tai Care Center. She spoke agáinst the application because she felt it was illegal for the city to consider the application because the street in question abutts the water in the lagoon. Mr. Stephen Hayden was recognized and spoke against the application. He presented a map to the Council on which he said he had outlined the location of the water} in relationship to the proposed street to be vacated. He indicated that this street is the only public access on that 'side of the lagoon. He suggested other locations for a separate facility. There being no further public testimony, Mayor McClure closed the hearing to the audience and turned the application over to the Council for disposition. Mayor McClure asked if the Shoreline Management Commission recommendation on the Substantial Development Permit should be obtained before the street vacation is decided upon. Mr. Abraham explained that the matter under consideration is not the Kah Tai Care Center project but whether the right of way is needed in the street system. After a brief discussion of the timing of applications on this projectr Councilmember Smith suggested that the city might like to sell the street right of way to the Kah Tai Care Center. Mr. Abraham explained that most of the city attorneys in the state are in agreement that a sale of this type would be únconstitutional because the applicant in effect would be buying legislation. Councilmember Shirley excused himself from the council chambers at this time because, as he stated, he has already expressed public support of the senior cQtizens and expansion of the Kah Tai Care Center and could not sit in a quasi-judicial capacity on this application. Mr. Abraham expláined that this is not a quasi-judicial proceeding, it is a legislative proceeding and the involvement of senior citizens and the Kan Tai Care Center does not apply. After a brief discussion, Councilmember Kenna made a motion to table the applic- ation until the Council receives a report on the shoreline permit which was seconded by Councilmember Smith and passed unanimously by voice vote. I I Proposed Use Hearing for Federal Shared Revenue. Mr. Grove explained that approximately $5,000 of Federal Shared Revenue received during . 1981 will remain available in 1982. $75,845 will be received during 1982 as the City's allocation of Federal Shared Revenue for Entitlement Period 13. Mayor McClure then opened the hearing to allow the public an opportunity to make oral and written suggestions regarding uses of Revenue Sharing funds. Mr. Warren Steurer from the Jefferson County Recreation Department was recognized and requested that the city pledge $20,000 from its Federal Shared Revenue Fund to the 1982 Recreation Budget for his department. He indicated that if the city has additional funds they are willing to appropriate for youth recreation, they will put it to good use. There being no further testimony, Mayor McClure closed the hearing to the audience. It was indicated that a public hearing on the budget will be established later in the meeting. OLD BUSINESS Telephone Utility Tax. Mr. Grove presented the Council with examples to help them understand what competitive vs. non-competitive phone service means. Mr. Grove explained the~ other reasons for the. legislation briefly. He presented the Council with a comparison of ways that the utility tax could be calculated. Mayor McClure asked him to explain the difference which he did. Mr. Grove explained that before the final draft of the ordinance can be made, the Council needs to select an option. Councilmember Smith made a motion that the Council select the tax base on the local service only. The motion died for lack of a second. After a brief dis- cussion, Councilmember Shirley requested that Mr. Grove meet with the Finance Committee to discuss the possibilities. I Siting of proposed new jail. Mayor McClure read a proposed letter to the Jefferson County Commissioners recommending three alternative sites within the city limits for the new jail: 1) Between Sims Way and Discovery Road near the entrance to town, 2) On the Port 309 MINUTES OF THE REGULAR SESSION OF OCTOBER 20, 1981 Cont. ---- - - . I Townsend Golf Course, or 3) Port property near the Kah Tai Lagoon. The overwhelming choice being the first which is presently owned by the county and described as Tax Lot 18. Mr. John Floyd was recognized and requested to comment regarding the zoning. Mr. Floyd explained that the zoning ordinance and accompanying map are not consistent with regard to this site. He indicated that the Council would simply need to direct that the correction be made in order for this property to carry the proper, zoning to allow the construction of a jail, P-l. Councilmember Shirley made a motion to endorse the letter and go on record urging the Jefferson County Commissionere to keep the jail within the city limits which was seconded by Councilmember Kenna. Sheriff Lee Smith was recognized and asked to comment on the recommendation. Sheriff Smith indicated that the shape ----of:the land ~_..¡ould not be as compatible with architectural plans presently being considered. He indicated that the second alternative at the golf course has the right shape to accommodate future expan- sion. The motion passed unanimously. ORDINANCE NO. 1895 AN ORDINANCE APPROPRIATING THE SUM OF $34,000 FROM EQUIPMENT RENTAL AND DECLARING AN EMERGENCY Mr. Grove read the ordinance by title. It was explained that this constituted' the second reading and Mayor Mayor McClure recommended that the third reading be made at the next council me.~ting. ORDINANCE NO. 1897 AN ORDINANCE REPEALING ORDINANCE NO. 1:281 I Mr. Grove read the ordinance by title. He explained -that:,th.is formalizes the removal of the parking meters. Councilmember Smith made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Shirley and passed unanimously by voice vote. Mr. Grove' read the ordinance by title. Councilmember Smith made a motion that the Council adopt Ordinance No. 1897 which was seconded by Councilmember Shirley and passed unanimously by roll call vote. Request for refund from the Environmental Protection Agency. Mr. Abraham explained that he received a telephone call rE~questing payment of this $43,000 overpayment they allegedly made to the city. He indicated that it was a procedural problem which resulted in their request for the refund and he would continue to attempt to resolve the disagreement. NEW BUSINESS RESOLUTION NO. 81-24 A RESOLUTION CORRECTING THE OFFICIAL ZONING MAP I Mr. Grove explained that this will correct the erròr in the zoning map described by Mr. Floyd. Mr. Grove read the resolution in full. Councilmember Kenna made a motion to adopt the resolu1:ion which was seconded by Councilmember Shirley and passed unanimously by voice vote. RESOLUTION NO. 81-25 A RESOLUTION IN SUPPORT OF INITIATIVE 394 Mayor McClure explained the reasons why the resolution is being submitted to the Council. C6unc~lmember Shirley and Parker expressed opposition to the Council taking a stand on this issue because it is ah:~eady on the ballot. After a brief discussion, Councilmember Shirley made a motion to not consider the resolution ,~hich was seconded by Councilmember Parker, but died by voice vote with three ~10 MINUTES OF THE REGULAR SESSION OF OCTOBER 20, 1981 Cont. ----- Councilmembers voting agáinst the motion. Councilmembers Shirley and Parker voted in favor of the motion. Before the vote was taken, Public Utility District Commissioner Pat Floyd was recog- nized and spoke in favor of the resolution. Mr. Abraham explained that the resolution carries no more weight than the opinion of the people who adopt it and does not represent the total population. After a brief discussiòn, Councilmember Kenna made a motion to adopt Resolution No. 81-25 which was seconded by Councilmember Imislund and passed by voice vote with three Councilmembers voting in favor of the motion. Councilmembers Shirley and Parker voted against the motion. I Budget Hearing. Mr. Grove explained that it is necessary to set the pUbilC hearing on the 1982 Budget during this meeting in order for the necessary public notices to be published on time. He indicated that the traditional time has been the Monday preceding the first Tuesday in December. Councilmember Kenna made a motion that the hearing be set for November 30, 1981, which was seconded by Councilmember Imislund and passed unanimously be voice vote. ADJOURNMENT There being no further business, Mayor McClure declared the meet- ing adjourned at 9:45 P.M. J' /~ ----- ATTEST: .j}~~ Clty Clerk I MINUTES OF THE REGULAR SESSION OF NOVEMBER 3, 1981 The City Council of the City of Port Townsend met in regular session this 3rd day of November, 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. MINUTES Councilmember Kenna moved and Councilmember Imislund seconded to approve the minutes of October 20, 1981, as written and to dispense with the reading of them. The motion passed unanimously by voipe vote. BILLS AND CLAH1S I The following bills and claims were presented for payment: Current Expense Street Library Arterial Street L.S.C.A. Grant Federal Shared Revenue Water/Sewer Equipment Rental Firemen's Pension and Relief Payroll 24,480.28 2,057.25 2,159.68 85.50 612.12 2,329.23 9,203.57 4,4l7.90 1,276.48 25,030.84