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HomeMy WebLinkAbout02/02/1982 345 MINUTES OF THE REGULAR SESSION OF FEBRUARY 2, 1982 The City Council of the City of Port Townsend met in regular session this 2nd day of February, 1982, at 7:30 P.M. in the Council Chambers of City Hall, Mayor Pro Tern Dale Judy presiding. ROLL CALL I Councilmembers present at roll call were Joseph Ciprioti, Janis Hunt, Frieda Imislund, Dale Judy"Mike Kenna, James Parker, and Brent Shirley. Also present were City Engineer Roger French, City Attorney Glenn Abraham, and City Clerk-Treasurer David Grove. MINUTES Councilmember Shirley made a motion to approve the minutes of January 19, 1982, as written and to dispense with the reading of them which was seconded by Councilmember Imislund and passed by roll vote with six Councilmembers voting in the affirmative. Councilmember Shirley voted against the motion. BILLS AND CLAH1S The following bills and claims were presented for payment: I Current Expense Library Equipment Rental L.S.C.A. Grant Street Fund Park Emergency Medical Services Federal Shared Revenue Payroll Firemen's Pension and Relief Water/Sewer $47,598,,21 4,844,,29 4,035,,61 412,,67 2,725,,13 837,,21 849,,75 45,,05 28,572,,13 1,354,,75 16,902..23 Councilmember Parker made a motion that the bills and claims be paid from the proper funds which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. COMMUNICATIONS A letter from Lee Smith dated November 10, 1981, to Fire Commis- si0nE!<r:s:'was:'copied for the Council requesting $1,228.57 as the City's share of the 911 equipment costs for 1981. A Notice of Granting Intervention dated December 24, 1981, was c9pied for the Council indicating that the Washington Departments of Natural Resources, Fisheries, and Game will be allowed to appear in the proceedings of the Federal Energy Regulatory Commission on the Big Quilcene Hydro-Electric Project. The Council received on their desks this evening a petition dated January 12,1982, with seven signatures in support of Mr. Browns rezone application scheduled for public hearing later in the meeting. I The Council received a copy of a letter dated January 13, 1982, from the Office of Revenue Sharing indicating among other things that the initial EP13 allocation for recipient governments will not be reduced. Mr. Grove reminded the Council that around $9,000 was shown as ending cash in the Federal Shared Revenue to soften the blow in the event that a 12% cut occured in this year's entitlement. It now appears that it is safe to budget those funds. A summons dated January 18, 1982, was copied for the Council requesting that the City appear in court to answer a suit from Virgina and Ronald Johnson as the result of a fall on the sidewalk at approximately 834 Water Street. Mr. Grove explained that a copy of the surnmons has been sent to Farmers Insurance who were insuring the City at the time. The Adjuster had been in contact with their attorney Thomas J. Majhan and are continuing to represent the City in this matter. 346 MINUTES OF THE REGULAR SESSION OF FEBRUARY 2, 1982 Cont. A letter dated January 20, 1982, from Russ Mohney to Mayor McClure was copied for the Council notifying him that he is resigning from' the Park Board. He indicated that his resignation was prompted by the January 19th Council decision to approve expansion plans for the Kah Tai Care Center. Councilmember Shirley asked Mr. Grove to read this letter in full which he did. Councilmember Shirley indicated anyone else who feels as'he does should also resign from boards and commissions. Councilmember Imislund disagreed with Councilmember Shirley and commended Mr. Mohney and the rest of the Park Board for théir work. Mayor Pro-Tern Judy commended Mr. Mohney for the work he has done and as well as the other boards and commission members. He explained that most of the time they do accept their recommendations but do have the ultimate responsibility for their own actions. I A letter dated January 21, 1982, from Agnes Walker of Olympic Disposal was copied for the Council responding to the complaint of Jay Vollmer. A letter dated January 23, 1982, from Jay Vollmer to Olympic Disposal was also copied for the Council disputing the statements iri their letter indicating that they have the wrong location. The Council received a letter dated January 22, 1982, from George M. Barlow,Agency Accounts Officer for the Department of Ecology requesting a refund of $8,764.00 from the City for grant money paid on the sewer system study which has not been accepted by the Environmental Protection Agency. Mr. Grove explained that this is on top of the $43,000 being requested by the Environmental Protection Agency. Mayor Pro Tern Judy referred this to the City Attorney for response. A letter dated January 25, 1982 was copied for the Council from Steven L. Callis of Sanison-Callis & Associates, Inc. enclosing a copy of a previously written letter which never reached the City. On December 28, 1982, they wrote a letter explaining that Olympic Disposal has been unsuccessful in obtaining a performance bond to provide garbage service to the City and suggesting an alternative method to assure the City that there would be no lapse in service. He indicated that Brem-Aire Disposal would be willing to complete the contract at the rates and terms specified in the contract should Olympic Disposal for any reason default. Mayor Pro Tern Judy referred this to the Sanitation Committee. I A request from Mayor McClure dated January 25, 1982, was copied for the Council asking for a decision on the components of the present ferry terminal. The City needs to declare whether they are of value to us. Mr. French indicated he has discussed this with the Mayor and Mayor McClure might be considering a joint venture with the City of Edmonds. Mr. French recommended that the City have the state take every thing out. Mayor Pro Tern Judy referred this to the Parks and Property Committee. The Council received a letter dated January 26, 1982 from Police Officer Gary C. Mikelson advising the Council that the city employees have voted in favor of the City withdrawing from Social Security and requesting written approval from the City Council. Councilmember Shirley explained the deliberations so far and pro- cedures yet to be followed before this can be accomplished in 1985. He indicated the Council will need to adopt a resolution. After a brief discussion, Councilmember Kenna made a motion to direct the Mayor to write a letter to Social Security indicating that the city employees have the Councils blessing to withdraw from the Social Security System which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. I A letter dated January 26, 1982, from Kenneth A. Clark of Clark and Associates to Mayor McClure was copied for the Council explaining that the base map for the comprehensive storm drainage plan has been completed and Phase II has begun. He indicated Phase II will be complete in one month and Phases III and IV will be complete by April 15, 1982. 347 MINUTES OF THE REGULAR SESSION OF FEBRUARY 2, 1982 Cont. I A letter from Gene W. Carlson of the United States Department of Agriculture dated January 27, 1982, to Mayor McClure was copied for the Council asking for an expression of any city concerns about a special permit being granted to Crown Zellerbach to conduct engineering studies for their proposed Big Quilcene Hydropower project. Councilmember Cipriöti made a motion that two copies of the application for City project FERC#5459 be sent by the Mayor to Mr. Carlson which was seconded by Councilmember Shirley and passed unanimously by voice vote. An Environmental Checklist dated January 31, 1982 from Ronald T. Smith was copied for the Council on the proposed remodel and expansion of restaurant facilities located at the intersection of Glen Cove Road and State Hwy 20. Mayor Pro Tern Judy referred this to the Legislative Committee and the Planning Commission. A Requisition for Supplies from the Parks Department dated February 1, 1982, was copied for the Council to authorize the purchase of a used Kubota tractor/mower from Clallam Cooperative Assn. After a brief discussion, Councilmember Hunt made a motion to approve the purchase which was seconded by Councilmember Judy and passed unanimously by voice vote. Councilmember Shirley asked if the Comprehensive Plan has been presented to the City yet. No one present at the meeting had knowledge of its receipt. }~r. Grove indicated he is holding the final payment of $500 until receipt of the report as specified in the contract.. I Councilmember Imislund requested that everythingdistri9-uted,to the Council go out in the Friday packets. Mr. Grove explained that everything received in his office on Friday does make it into the packets. He indicated that the Council did not want him to leave communications in the office that come in after Friday, but to put them on the desk Tuesday night. Mayor Pro Tern Judy suggested that if time to read the material is needed, a recess can be requested. COMMITTEE REPORTS Fire/Light/Sanitation. Councilmember Ciprioti reported that the committee is recommending that a street light be installed at the pole in the Sunrise Place dul de sac. He made a motion to that effect which was seconded by Councilmember Imislund and passed unanimously by voice vote. I Water/Sewer/Street. Councilmember Shirley reported that the committee met with the Commissioners of Public utilii:y District #1 and have agreed to share the cost 50/50 to prepare a comprehensive water plan which will cost each approximatley $10,000. He indicated that they are recommending the firm of Collins and ~rder to prepare , the plan. He indica~ed that no decision has been reached on an interlocal agreement between the Public Utility District and the City. Ms. Pat Floyd was recognized and indicated that a voting procedure and rules were agreed upon between the Water Committee and the PUD Commissioners. She requested councilwide approval of a steering committee made up of three members of i:he City Council and three from the PUD. Councilmember Hunt made a motion that this proposal be tabled to the next council meeting which was seconded by Councilmember Shirley. After a brief discussion, Councilmember Shirley withdrew his second and the motion to table died for lack of a second. Mayor Pro Tern referred this back to the Water Com- mittee at the conclusion of the discussion. After a brief discussion on the selection of the engineer, Councilmember Kenna made a motion that the contract to prepare the plan be awarded to the firm of Collins and Ryder which was seconded by Councilmember Shirley and passed unanimously by voice vote. Councilmember Shirley reported that the committee mei: with the Department of Fisheries and the Navy regarding water use at Indian Island and a contract is being designed to formalize the agreement with the Department of Fisheries. Councilmember Shirley reported that the Ad Hoc Commi'ttee met with 348 MINUTES OF THE REGULAR SESSION OF FEBRUARY 2, 1982 Cont. representatives of Port Angeles Savings and Loan and have requested additional information. Fire Committee. Councilmember Cipriotireported that the committee met with the other fire districts. He indicated that the City is the only one who has hot paid its share of cost for 911 system installation last year. He explained the costs. New Council Committees. Councilmember Ciprioti reported that he and Councilmember Judy have revised the staffing of Council Committees because of some of the concerns expressed by Council- members. He then read the following committee assignments: I Legislative- Mike Kenna, Frieda Imislund, Dale Judy Fire/Light/Sanitaion-Joe Ciprioti, Brent Shirley, Jim Parker Finance-Janis Hunt, Dale Judy, Mike Kenna Water/Sewer/Street-Dale Judy, Mike Kenna, Joe Ciprioti Police/Licence/Animal Control-Brent Shirley, Jim Parker, Janis Hunt Parks/Property-Frieda Imislund,Joe Ciprioti, Janis Hunt Human Affairs/Library-Jim Parker, Brent Shirley, Frieda Imislund Hydro Electric should remain as Ad Hoc with Kenna, Judy, and Parker. Emergency Service and 911 will be covered by Fire Committee" I Councilmember Ciprioti made a motion that the above assignments be approved which was seconded by Councilmember Shirley and passed unanimóusly by voice vote. PUBLIC HEARING Rezone Application No. 771-03 - Brown. Mr. Grove explained that the Planning Commission is recommending deniel of this request to have Lots 1 & 3, Block 132, Original Townsite rezoned from R-3 to C-3 and Lots 5 & 7, Block 132, Original Townsite rezoned from R-l to C-3. Mayor Pro Tern Judy then opened the hearing to the public. Mr. William Brown was recognized and spoke in favor of his request explaining that he wants to be able to use his garage to store his supplies and equipment and that no addditional traffic will be generated by this use. Ms. Paula Amell was recognized and spoke against the proposed rezone because it will remain after Mr. Brown sells the property and the next occupant may not make a desirable neighbor. She claims it to be spot zoning. Mr. Brown was recognized in rebuttal and explained that the property in question abutts C-3 zoning. There being no further testimony, Mayor Pro-Tern Judy closed the hearing to the audience and turned the application over to the Council for disposition. Councilmember,Kenna made a motion to deny the application and adopt the following: A. That the proposed rezone would permit the intrustion of commèrèial uses into a residential neighborhood adversly affecting residential land values and creating an additional traffic load which could be a danger to the public health and safety. I B. That the proposed rezone is not in keeping with the City's Comprehensive Land Use Plan. C. That the proposed rezone is not in the best interest of the community. Councilmember Hunt expressed concern for the fate of Mr. Brown if 349 MINUTES OF THE REGULAR SESSION OF FEBRU2\RY 2,l982 Cont. the request is denied. Mr. Abraham explained that this is not a consideration but rather is this the proper zoning for the property in question. After a brief discussion, the motion passed unani- mously by roll call vote. A discussion ensued regarding a mod- ification to the zoning ordinance which will provide for use as Mr. Brown has requested. OLD BUSINESS I RESOLUTION NO. 82-4 Mr. Grove read the resolution by title. He explained that the State could not accept the previous Quit Claim Deed on a portion of Harrison Street because the City had inserted a clause which would have required them to return the property to the City when the construction is complete. He explained that they can not construct on someone elses property and so are asking that the City convey a Quit Claim Deed without this stipulation. Mr. Abraham explained that he inserted the provision at the request of the Mayor but has no objection to its removal. Councilmember Shirley made a motion that the resolution be adopted which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. Steve Street. Mr. Grove explained that at the time this street was created a survey and legal description was made. A more recent survey has indicated that the legal description was wrong and additional legislation will be needed to correct the error. ADJOURNMENT I There being no further business, the meeting was declared adjourned at 9:05 P.M. by Mayor Pro Tern Judy. a ) t: Im~¿c¿¿//Ú //'~{¿,t.? p' - ,,/ ?l, ~t-t. <--------. , (~OR PRO TEM ATTEST: ~~- CITY CLER MINUTES OF THE REGULAR SESSION OF FEBRUARY 16, 1982 The City Council of the City of Port Townsend met in regular session this 16th day of February, 1982, 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, Janis Hunt, Frieda Imislund, Dale Judy, James Parker, and Brent Shirley. Also present were City Engineer Roger French, City A,ttorney Glenn Abraham, and City Clerk-Treasurer David Grove. Councilmember Mike Kenna arrived later in the meeting. MINUTES Councilmember Ciprioti corrected page 348 to show that he seconded the motion to deny Mr. Brown's rezone request. He clarified Mr. Mikelson's request under page 346 does not pertain to the Fire Department. Councilmember Kenna corrected the Ad Hoc Committee on Hydro Electric to list councilmember Imislund and not council- member Parker on page 348. Councilmember Ciprioti made a motion to approve the minutes of February 2, 1982, as corrected and to dispense with the reading of them which was seconded by Council- member Kenna and passed unanimously by voice vote.