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HomeMy WebLinkAbout08/03/1982 393 u_--- MINUTES OF THE REGULAR SESSION OF JULY 20, 1982 Cont. ADJOURNMENT There being no further business, Mayor McClure declared the meeting adjourned at 9:59 P.M. I ~ ATTEST: ß~~ City Clerk MINUTES OF THE REGULAR SESSION OF AUGUST 3, 1982 The City Council of the City of Port Townsend met in regular session this 3rd day of August, 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 Janis Hunt, Frieda Imislund Dale Judy, James Parker, and Brent Shirley. 'Also prE!Sent were City Engineer Roger French, City Attorney'G<lenn Abraham, and City Clerk-Treasurer David Grove. Councilmember Joseph Ciprioti arrived later in the meeting. MINUTES Councilmember Judy made a motion to approve the minut:es of July 20, 1982, as written and to dispense with the reading of them which was seconded by Councilmember Imislund and passed unanimously by voice vote. BILLS AND CLAIMS The following bills and claims were presented for payment: I Current Expense Street Library Park Payroll Library Services/Const. Act Grant Emergency Medical Services Federal Shared Revenue Water/Sewer Equipment Rental Firemen's Pension and Relief 40,282.87 5,262.58 3,411.96 961. 41 29,776.19 153.99 644.18 16.48 9,847.73 1,058.7~¡ 1,275.41 Councilmember Judy made a motion that the bills and claims be paid from the proper funds which was seconded by Councilmember Hunt and passed unanimously by voice vote. COMMUNICATIONS The Council received a letter dated July 23, 1982, from Keith Eggen, State Aid Engineer for the Department of Transportation, to Mayor McClure reporting that the state will return a portion of SR 20 to the City. 394 --- --- --.!i~~QJ'E_~_:fB..Q~ THE_- RJ;;;Gl1MR__~ESJ;U:Ql'LQF~l\U_Gl1ST, 3_,19 82--Cont..,- - - -- -. -- -----------,--- A letter dated July 23, 1982, from Timothy Lee of Lakeside Industries to 'Roger French was copied for the Council indicating that they would like to table their rezone request on 40 acres near McPherson Street until the new comprehensive plan in complete and accepted. The Council received a letter dated July 21,1982, from Keith M. Eggen, Chàirman of the Urban Arterial Board supplying the Council with a list of the projects submitted by the City in 1980 to be completed with Urban Arterial Trust Funds and requesting to know if any will be completed with other funds. An Environmental Checklist dated July 20,1982, was copied for the Council from St. Mary's Star of the Sea Catholic Church on the proposed construction of 4,500 square feet of religious education class rooms. Mayor McClure referred this to the Legistative/ Environmental Committee. The Council received a letter dated July 23, 1982, f~om victor J. Dirksen,. Chairman of the Alcoholism/Drug Abuse Administrative Board requesting additional funds because the City revenue from Liquor Excise Tax and Liquor Profits is greater than budget estimates. Mayor McClure referred this to the Finance Committee. The Council received an order denying a motion for summary judgement and granting stay of proceeding dated July 16, 1982, before the Shoreline Hearings Board of the State of Washington on the Kah Tai Care Center's permit. Mayor McClure indicated that this along with the following correspondence on the subject should be referred to that portion of the agenda. A letter dated August 1, 1982, from Kristine DeWeese was copied for the Council presenting photo evidence that in her opinion supports a finding that Lawrence Street abutts the water and requesting that the City deny the Kah Tai Care Center's request for a street vacation. A letter dated July 29, 1982, from Stephen D. Hayden was copied for the Council requesting that the Council deny the Kah Tai Care Center's request to vacate Lawrence Street because a recorded survey done by E.E. Anderson in May of 1977 shows Lawrence Street abutting the waters of the Kah Tai Lagoon and by the location of a marker placed by Mr. French on January 21, 1982, at the direction of the City Council for purposes of the Shoreline Permit. An announcement of a Hiroshima Day Vigil on August 6, 1982, at the 'ì Pope Marine Park was copied for the Council informing them of the war capabilities of Trident submarines. A memorandum dated August 3, 1982, from Bob DeWolfe to Mayor McClure regarding the Harrison Street Ferry Terminal was copied for the Council pointing out problems with traffic flow from this location and recommending against its use. The Mayor's notes from a meeting on July 21, 1982, with representatives of the Department of Trans- portation and the City on this subject were also copied for the Council A proposal for the creation of a revolving fund for Historic Preser- vation in Port Townsend was copied for the Council on August 3, 1982, describing how loan repayments from the housing rehabilitation loans made with funds from the Department of Housing and Urban Development could be loaned again to preserve historical buildings. Mr. Peter Simpson was recognized and explained the background to the housing rehabilitation in town and explained that approximately $250,000 will come back in loan repayments. He suggested that while this procedure is being considered that the City loan $9,000 to the owners of the N.D. Hill Building. Councilmember Shirley asked the City Attorney if the City is permitted to do that and he said the City could. After a brief discussion, the proposal was referred to the Finance Committee for a report at the next meeting. ~1r. Mark McCready was recognized and asked whether a fee would be paid to the lending institution which would handle this loan and what arrangement would be made with the lending institution. Mayor McClure agreed that this is something the City should look at. I I I ,395 MI .NUT E S - OF_TH E3EGULAR_SE S .5_IDN- OF_A U_G llS_T_3 _,_19_8 .2_Coni:_. ANNOUNCEMENTS I Mr. Larry Dennison of the Planning Commission was recognized and asked if the Council had received their request for the City Planner to be added to the staff to help them with the comprehensive plan and other requests. He outlined their concerns and amount of time devoted to this voluntary service. Mr. John Floyd was recognized and was asked by Council member Judy to indicated the progress being made by the Planning Commission in reviewing the Comprehensive Plan. He indicated that the review is two thirds complete and they hope to have a recownendation to the Council by the first meeting in September. Mayor McClure announced that the Washington Transpor1:ation Commis- sion is going to conduct a public hearing on the proposed rate schedule for the Hood Canal Bridge on August 18, 1982, in Olympia. COMMITTEE REPORTS Legislative/Environmental. Councilmember Judy repor1:ed that the co:mri1ittee met with representatives from St. Mary's S1:ar of the Sea Catholic Church to consider their proposal to construct 4,500 square feet of religious education class rooms and do not consider it environmentally significant. He made a motion that the Council issue a proposed negative declaration of environmental significance which was seconded by Councilmember Imislund and passed unanimously by voice vote. RESOLUTION NO. 82-20 I A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE FROM THE PORT OF PORT TOWNSEND. Mayor McClure reported that the lease approved by the Council was not acceptable to the Port and section 41 has been rE~written rather than stricken entirely and is now signed by the Port Commissioners. After a brief discussion, Mr. Stacey Thompson, Port Commissioner t- was recognized and explained that the city's development of a park near the Kah Tai Lagoon will enhance their ability to attract boat moorage and constitutes the other valuable consideration shown in the new section 41. Councilmember Imislund made a motion to adopt Resolution No, 82-10 which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. PUBLIC HEARINGS I Street Vacation Application No. 582-01 - Œòbinson. Mr. Grove explained that the Planning Commission is recommendinq approval of this application to vacate 7th Street between Thomas and McPherson Streets. Mayor McClure opened the hearing to the audience. Ms. Mary Lou Robinson was recognized and spoke in favor of the applica- tion indicating that her garage was constructed right in the middle of it years ago. Ms. Harie Briner was recognized and identi- fied-_herself as an abutting property owner in favor of the request. Mr. Ed Hawley was recognized and recommended that aCCE~SS to property in the Bishop Addition be considered before the street is vacated. John~Flloyd, Chairman of the Planning Commission, was recognized and explained that this action will not landlock any parcel. There 'being no further testimony, the Mayor closed the hearing to the audience and ; burned the application over to the Council for disposition. Mr. Hawley suggested that a conditional approval might be acceptable. Councilmember Judy made a motion to table the reques't until the next meeting to allow Mr. Hawley to report back to the Council. The motion was seconded by Councilmember Shirley and passed unanimously by voice vote. Conditional Use Permit Application No. 682-03 - Peninsula Christian Fellowship Church. Mr. Grove explained that the Planning Commission is recommending approval of this application to opera'te a private school, grades K through 12 in a new church building to be located 396 ----- MINUTES OF THE REGg!A~_~!oss~g.!'1~O~'-~{JG{J?_T~}_, -~..9~~~0_I2!-_~-- on -- ---.-- - ,- - - ----------.---- - at 1636 Hastings Avenue, Port Townsend. Mr. Dennis R. Brouillette, Pastor of the Peninsula Christian Fellowship Church, was recognized and spoke in favor of the application because the school is an integral part of their church. Mr. Mark McCready was recognized and spoke in favor of the application indicating that most of the neighbors have children now attending the school. There being no further testimony, Mayor McClure closed the hearing to the audience and turned the application over to the Council for disposition. Councilmember Parker made a motion to adopt the following findings of fact and approve the application which was seconded by Councilmember Hunt. I a. That the proposed use will not endanger the public health or safety if located where proposed and developed and that the use will not allow conditions which will tend to generate nuisance conditions such as noise, dust, glare or vibration. b. That the use meets all required conditions and specifica- tions set forth in the zone where it proposes to locate. c. That the use will not be injurious or deterimental to adjoining or abutting property. d. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it will be located and in general conformity with ',the Comprehensive Plan of Development. The motion passed unanimously by voice vote. Mayor McClure declared a recess at 8:45 P.M. The meeting was reconvened at 8:55 P.M. with all Councilmembers present except Councilmember Mike Kenna. I Street Vacation Application No. 881-01 - Kah Tai Care Center. Mr. Abraham explained that this is being removed from the table because the Shoreline Hearings Board of the State of Washington has granted a stay of proceedings awaiting the City Council's decision on the vacation of Lawrence Street between Kearney and Decatur Street before deciding on the appeal before them on the Shoreline permit. He explained that before the street can be vacated, it must be certified as to whether the portion of Lawrence which is to be vacated abutts or touches upon water. He suggested that the normal high water point be used as the detèr- mining line. He was quick to point out that the determination the Council is to make is whether the street is necessary to the street system of Port Townsend. After it was pointed out that surveyors had prepared the drawings being presented during these proceedings, Mr. Abranam explained that a certified survey carries a different status than an uncertified rendering. Mr. Tom Majhan was recognized and indicated his client, the Kah Tai Care center~ is willing to do whatever the City would desire to reach a decision. He indicated the street could be vacated for park purposes and attempted to offer how the property might be used for that purpose, but was cut short by Mayor McClure because of his concern that new evidence not clarifying previous testimony was about to be offered. ~1r. Stephen Hayden was recognized and explained that two different sources of documentation have established that Lawrence Street abutts the water and only one presented to the Council has shown the water not abutting Lawrence Street which was done during the driest season of the year. Ms. Barbara Bogart was recognized and indicated it was her opinion that the stake driven in January 1982, was to have been used as the basis for all future decisions. Mr. Majhan was recognized and reviewed the plans at Councilmember Parkers desk. It was difficult for-the entire Council to see what he was presenting. Councilmember Hunt made a motion that the Kah Tai Care Center present a rendering showing the location of the proposed building addition relative to the property lines on the map presented this night, the location of the stake placed on January 21, 1982, indie.á.f:ing:bhe--water line at the time, and I a97 ~lINUTES OF THE REGULAR SESSION OF AUGUST 3, 1982 Cont. I a designation of the property proposed to be dedicated to a public park to be presented at the next meeting which was seconded by Councilmember Judy. After a brief discussion as to which waterline should be considered, Ms. Janeen Hayden was recognized and reviewed how stakes were placed on January 21¡ 1982, and testified that Clark and Associates made a survey on January 22, 1982, to establish the relationship of the shoreline to the property in question for the Kah Tai Care Center. Mr. Abraham indicated this '(-later level might have been artifically high because of a plugged drain. Ms. Kris DeWeese was recognized and reminded the Council that Mr. George Yount reported at the public hearing January 19, 1982, that the drain was running. Mr. Majhan was recognized and explained that the street vacation application and Shoreline permit issued in January, 1982, are two different issues and the January 21,1982, mark establishing the water level was for purpose': of measuring the fifty foot setback for the building and should not apply to this request. The motion passed unanimoulsy by voice vote. . Kris DeWeese was recognized and asked for clarification on the motion which she received. Steven Hayden was recognized and indicated the dedication of a portion to a public park does not authorize the rest of the street vacation. ORDINANCE NO. 1922 AN ORDINANCE CREATING AND ESTABLISHING THE POSITION OF DIRECTOR OF PUBLIC WORKS. I Mr. Grove read the ordinance by title constituting the second reading. A discussion ensued on the supervision of the position and inclusion of the Planning Commission for technical advise. After a brief discussion, Councilmember Judy made a motion that the second reading be considered the third which was seconded by Councilmember Shirley and passed unanimously by voice vote. It was agreed that the draft should be revised to include the Planning Commission in Section 2, subsection I. Councilmember Shirley made a motion to adopt Ordinance No. 1922 which was seconded by Council- member Judy and passed unanimously by roll call vote. A discussion ens.ued. :about.the 'adv-e~tising after which Councilmember Shirley made a motion to delete the salary figure and leave it at a salary negotiable which was seconded by Councilmember Hunt and passed unanimously by voice vote. ORDINANCE NO. 1923 AN ORDINANCE AUTHORIZTNG THE LEASE OF A PORTION OF SAN JUAN AVENUE BETWEEN 10TH STREET AND SIMS WAY, AND A PORTION OF 10TH STREET BETWEEN SAN JUAN AVENUE AND HAINES STREET, AND RESERVING EASEMENTS. I ~1r. Grove read the ordinance by title. Councilmember Judy made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilml3mber Shirley and passed unanimously by voice vote. Mayor McClure read the ordinance by title. Mr. Abraham indicated that the aq'reement itself will include in part as consideration, the lease of the property near the Kah Tai Lagoon. Councilmember Imislund made a motion to adopt Ordinance No. 1923 which was seconded by roll call vote. NE~v BUSINESS ORDINANCE NO. 1924 AN ORDINANCE IMPOSING A SALES OR USE TAX UPON AND TO BE COLLECTED FROM THOSE PERSONS FROM WHOM THE STATES SALES OR USE TAX IS COLLECTED, FIXING THE RATE OF TAX, PROVIDING FOR THE ADMINISTRATION AND COLLECTION THEREOF, CONSENTING TO THE INSPECTION OF RECORDS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Mr. Grove read the ordinance by title. Councilmember Hunt reported that the Finance Committee is recommending approval of this 398 - --- -~~'!I:NUTES OF TH~ REGULAR SE_?ß!,glL OF_bQÇQ~T._~,__J,_9ß-~- Cont_.___----------------------- ordinance because of the inflation rate, overdue maintenance to' City Hall, and repairs to the Marine Park Community Building. She explained that Ordinance No. 1925 is a companion ordinance to eliminate Business and Occupation Taxes from manufacturing and industry in order to attract new business of this type to the city. Councilmember Shirley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Imislund and passed unanimously by voice vote. Mr. Grove read the ordinance by title. Mayor McClure recommended that a portion of this be pledged for human services which are loosing funding at the Federal and State lever. After a brief discussion, Councilmember Hunt made a motion to adopt Ordinance No. 1924 which was seconded by Councilmember Judy and passed by roll call vote with four Councilmembers voting in the affirmative. Councilmembers Imislund and Parker voted agciimst the motion. . I ORDINANCE NO. 1925 AN ORDINANCE AMENDING ORDINANCE NO. 1553. Mr. Grove read the ordinance by title. He explained that it implements the changes requested by the Finance Committee and clarifies the exemptions section. Councilmember Judy 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 Judy made a motion to adopt ordinance No. 1925 which was seconded by Councilmember Hunt and passed unanimously b¥ roll call vote. Public Hearings. Councilmember Ciprioti made a mot on that the Council conduct a public hearing on Planned Unit Development Application No. 482-03 on September 21, 1982, which was seconded by Councilmember Shirley and passed unanimously by voice vote. Councilmember Judy made a motion that a final declaration of non-sinificance be issued on the environmental checklist submitted on Rezone Request No. 682-01 - Knowles which was seconded by Councilmember Imislund and passed unaimously by voice vote. i: Councilmember Judy made a motion that the Council conduct a public hearing on Rezone Request No. 682-01 - Knowles for September 7, 1982, which was seconded by Councilmember Imislund and passed unanimously by voice vote. Councilmember Ciprioti made a motion to conduct a public hearing on Street Vacation Application No. 482-04 on September 21, 1982, which was seconded and passed unanimously by voice vote. I ADJOURNMENT There being no further business, Mayor McClure declared the meeting adjourned at 11:02 P.M. ~Ìd6k ~'~r}- Hayor) V (j - r 1'- (l ATTEST: I 4~-J ð!h.~ City' Clerk