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HomeMy WebLinkAbout09/07/1982 402 _d- ,-- _M}~-Q.':I'~~,_9_f _Ttf_E- _~~9!!.~R_~~S~J~...9~-~-~~S~,_l:7_~~~,_~°E.~-,---,------- -----,--- - Short Plat Application No. 481-01 - Fleming. Councilmember Shirley made a motion to set a public hearing for this application for the regular meeting September 21, 1982, which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. ADJOURNMENT There being no further business the meeting was adjourned at 9:26 P.M. by declaration of Mayor Pro Tern Judy. MAYO~ I =------- ATTEST: M~ CITY CLERK MINUTES OF THE JffiGULAR SESSION OF SEPTEMBER 7, 1982 The City Council of the City of Port Townsend met in regular session this 7th day of September, 1982, at 7:30 P.Y. in the Council Chambers of City Hall, Mayor Barney McClure presiding. ROLL CALL Councilmembers present at roll call were Joseph Ciprioti, Janis Hunt, Frieda Imislund, Dale Judy and Mike Kenna. Also present were City Engineer Roger French, City Attorney Glenn Abraham, and City Clerk-Treasurer fDavid Grove. Councilmembers James Parker and Brent Shirley arrived later in the meeting. I MINUTES Councilmember Hunt noted Craig Dennis rather than Dennison wrote the letter referred to on page 400. Councilmember Hunt made a motion to approve the minutes of August 17, 1982, as corrected 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: Current Expense Street Library Park Kah Tai Lagoon Park Payroll Library Services/Const. Act Emergency Medical Services Federal Shared Revenue Water/Sewer Equipment / I€ntal Firemen's Pension and Relief Grant 36,071.88 2,862.35 2,577.43 1,117.00 1,015.00 28,958.06 1,685.74 1,521.35 3,581.61 22,263.48 2,528.28 1,403.21 I 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 A memorandum dated August 2, 1982, from D. Rodney Mack of the Department of Ecology was copied for the Council informing them 403 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1982, Cont., that the Noise Program of their department has been i:erminat.ed . due to budget cuts and explaining how the City might obtain help from other sources. I An Environmental Checklist dated August 25, 1982, submitted by Joel M. and Ruth A. Burns on a Short Subdivision proposed on Ivy Street was copied for the Council. Mayor McClure referred this to the Legislative/Environmental Committee. A letter dated August 18, 1982, from Frank Frisk to David Latta with a footnote from David Latta was copied for the Council indicating their opinions that the City will emerge victorious in its appeal to the Federal Energy Regulatory Commission but may end up in court first. A notice of Extension of Time by the Federal Energy Iægu1atory Commission dated August 26, 1982, was copied for the Council allowing Public Utility District No.1 of Jefferson Council until August 31, 1982, to respond to the City's appeal from the Director's Award of Preliminary Permit. An appeal by City of Port Townsend from Directors Award of Prelim- inary Permit and Request for Hearing to the Federal Energy Regula- tory Commission was copied for the Council on August 24, 1982. A letter dated August 26, 1982, from Frank Frisk jr. to Mayor McClure was copied 'for the Council reporting on the status of the Big Quilcene Project. I A letter dated August 27, 1982, from Robert H. CampbEÜl to Kenneth F. Plumb of the Federal Energy Regulatory Commission was copied for theCduncil transmitting a Response of Public Utility District No.1 of Jefferson County, Washington to appeal by City of Port Townsend from Director's Award of Preliminary Permit" Mayor McClure explained that the only way the disputes are resolved is in court. He has met with the engineers and suggestE~d that now is the time to put our heads together with the concerned parties. I The Council received a letter dated August 19, 1982, from Quentin Goodrich, Chairman of the Wooden Boat Festival, sponsored by the Wooden Boat Foundation, requesting licensing authorii:y under City Ordinance No. 1885 from Quincy to and including poini: Hudson and from Clay Street 'to the waterfront from September 10i:h through 12th, 1982. Councilmember Kenna made a motion to grant them the authority which was seconded by Councilmember Judy. Ms. Rusty North was recognized and spoke in behalf of the People's Guild requesting that the City dock be exempted from the area because arrangements have already been made with the City. ~lr. Quentin Goodrich was recognized and explained that in the past venders have set up just outside their gate and taken advantage of the attraction without contributing to its support and he indicated the Ðoundation would not be opposed to the exemption of the dock. He. Grove explained that the Soroptimist Club has made inquiry about selling pie within the proposed area. Mr. Goodrich indicated the license fee they would charge would be $25. Councilmember Kenna amended his motion to provide that the People's Guild have use of the City Dock which was agreed to by the Wooden Boat Foundation and seconded by Councilmember Judy. The ¡notion passed unanimously by voice vote. A positions statement dated August 19, 1982 and presented to the Washington State Transportation Commission on Hood Canal Bridge tolls was copied for the Council spelling out the reasons why the toll should remain at $1. 50 as.!. prepared by David G. Douglas. A letter from 1'1arie Whealdon was copied for the Council requesting that the City restore the Marine Park Community Building to public use. A response from Mayor McClure dated August 21, 19B2, was also copied for the Council indicating the City will proceed with the necessary repairs as soon as $30,000 to $40,000 can be located to do the job. 404 MINUTES FROM THE REGULAR SESSIO~ OF SEPTEMBE~_,--.1~~~ C9..!l..:t:.__, ---~ . ----------- An offer dated August 27, 1982, from John pickett to Mayor McClure offering to lease the Marine Park Community Building with the understanding that he would make structural improvements to protect the building. Mayor McClure referred this to the Parks and Property Committee. A request dated August 23, 1982, from the Planning Commission to Mayor McŒlure was copied for the Council asking for a personal response to their request for technical expertise and graphic reproduction. A response dated August 27, 1982, from Mayor McClure was also copied for the Council indicating he would like to meet with them to discuss their budget. A letter from Ted Stricklin to Mayor McClure dated August 24, was copied for the Council describing the effort necessary to a secondary treatment waiver from the Environemtal Protection Agency. Mayor McClure explained that the next step to secure samples for the channel floor. 1982, obtain The Council received a letter dated August 24, 1982, from Clifford C. Benson, Executor of the Ruth Jackson Estate presenting an inventory of the estate and asking whether the City agrees or not with Morris Seavey's designation of furniture. Mr. Grove read a letter dated September 7, 1982, from Glenn Abraham to Hr. Benson in response to this letter indicating that the City is not prepared to accept a blanket coverage of everything in the house as "furniture" or "household goods, etc." Mayor McClure directed that this letter be copied for the council. The Council received a 1983 budget request from Joseph F. Wheeler, Executive Director of Centrum, asking for $3,000 to publi~h their annual catalog dated August 26, 1982. A letter dated September 2, 1982, from John Hayes of the Jefferson Council Health Department to Roger French was copied for the Council reporting that the soil conditions for the Short Subdivision proposed by Joel Burns are suitable to support another septic system under certain conditions. The Council received petitions on September 2, 1982, and before with 663 s1gnitures demanding that the City Council refer to the voters in the November 2, 1982, General Election, Ordinance No. 1924, establishing a half-cent sales tax. Mayor McClure reported that he has ;ùsed 'his 'column ini1,the:mewspaper to present the City's side of the issue. A discussion ensued on the possible combination of taxes. The Council received a letter dated September 2, 1982, from Thomas J. Majhan providing the Council with additional information about the proposed vacation of Lawrence Street in response to the Council's request of August 3, 1982, locating the ordinary high water mark of the lagoon at the intersections of Lawrence and Decatur Streets, the location of the property the Care Center proposed to convey to the City for park purposes and a letter dated August 17, 1982, from Ronald C. Phillips, Professor of Biology at Seattle Pacific University declaring that he has established the natural upper limi t of th e Shoreline of the lagoon. The Council received a letter dated September 3,1982, from Stephen Hayden alledging that the Kah Tai Care Center has moved the stakes placed in the ground on January 21, 1982, to establish the shoreline of the Kah Tai Lagoon as of that date. ANNOUNCEMENTS Mayor McClure announced the schedule of Mini-Conventions sponsored by the Association of Washington Cities. Mr. Stephen Hayden was recognized and reported that he had copied two documents for the City Council. A letter dated July 8, 1982, from Taylor Dennen, Manager of the Rate Management Program for ---- - -_.-- I I I 405 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1982 Cont. the Department of Social and Health Services on the Kah Tai Certificate of Need Application and a deposition upon Oral Examination of ".Ronald Phillips PH. D. on May 10, 1982, for the Shoreline Hearings Board prepared by Sidney D. Cain, Courtreporter. I Mayor McClure announced the re-appointment of John Marckworth to the Library Board. Councilmember Kenna made. a mo1:ion to approve the appointment which was seconded by Councilmember Hunt and passed unanimously by voice vote. Mayor McClure made mention of the proclamation of the Week of August 23rd through the 29th as John G. Doubek Week 1:0 honor the memory of this former Police Chief at his death. COMMITTEE REPORTS Mr. Grove reported that the restrooms under construc1:ion for the Landfall Restaurant are now complete and it is now in order to consider their request for renewal of their condii:ional use permit. He explained their present permit expired on April 21, 1982, and the request was tabled. Councilmember Shirley made a motion to remove the request from the table which was seconded by Councilmember Hunt and passed unanimously by voice vote. Council- member Hunt made a motion that George Daniels and Don Ferrari be granted an extension of one year on their conditional use permit to operate the Landfall Restaurant at its present location: which was seconded by Councilmember Ciprioti and passed unanimously by voice vote. RESOLUTION NO. 82-01 I A RESOLUTION GOVERNING THE USE OF THE CITY PIER Councilmember Imilsund reported that the Parks/Property/Preservation Committee has directed this resolution to be prepared to establish a moorage policy for the city dock. Hr. Grove read the resolution in full. A discussion ensued on the need for some flexibility to provide for festivals and ~emergencies. It was concluded that the words "unless otherwise approved by the Chief of Police" should be inserted. Councilmember Imislund made a motion that the Council adopt Resolution No. 82-21 which was seconded by Councilmember Hunt and passed unanimously by voice vote. LecJislative/Environmental. Councilmember Kenna reported that the committee is now recommending that a proposed negative declaration of Environmental Significance be issued on the checklist submitted on the David Tarr Short Plat. He made a motion to that effect which was seconded by Councilmember Imislund and passed unanimously by voice vote. Fire/Light/Sanitation. Councilmember Ciprioti reported that the 911 system is going into effect on September 15, 1982. He briefly explained how the communication system will work. PUBLIC HEARING I Rezone Application No. 682-01 - Gregg C. Knowles. Mr. Grove explained that the Planning Commission is recommending approval of this application to have lots 1-8 each of Blocks 1-4,11-14,7-10 and 17-20 rezoned from R-I to RI-A. Mayor McClure opened the hearing to the public. Mr. Knowles was recognized and presented the Council with a copy of the 1971 zoning map with i:he proposed property designated for ease of reference. He indicated that he and his neighbors are using the majority of this land for agri- cultural proposes. He presented a petition alleged to contain signatures of all but two of the property owners.in support of the request. He indicated the reasons in support of the application a:J::T.e'~~that:.i t>.would enhance the rural nature of the community, keep the area clean of debris, the non vacated streets in the area would be maintained, and the City is benefiting because it has leased land for this purpose. There being no further testimony 406 - ~ ]:NUr:r_E§_,- OF THE REGULAB_SßE?_S_!<?~-()~ ""§'~1èrr:.~l'1.~E~ }-,,__~_82C.?I1~~- --~---- ~H -.- ---- Mayor McClure closed the hearing to the audience and turned the application over to the Council for disposition. Councilmember Kenna asked Mr. Knowles to explain why he applied for the rezone. Mr. Knowles indicated that he has applied for open space classifica- tionof the land he owns and is being prohibited from receiving it because the land is not specifically zoned for agricultural purposes. This classification would reduce his property taxes. After a brief discussion, Councilmember Hunt made a motion to approve the application and make the following findings which was seconded by Councilmember Judy: I 1. That the proposed rezone would allow the continuation of agricultrual usage on the property in question and that such usage is traditional and customary. 2. That the proposed rezone is in keeping with the purpose and intent of the Port Townsend Zoning Ordinance. 3. That the proposed rezone is in keeping with the City's Comprehensive Plan for Land Use. The motion passed unanimously by voice vote. OLD BUSINESS Street Vacation Applicaton No. 881-01 - Kah Tai Care Center. Mr. Grove was asked to summarize the communications received since the Council last discussed the application which he did. Councilmember Shirley asked Mr. Majhan to explain the information delivered to the Council in answer to the Counèil's request which he did. The CoUQ~il was presented with a certified survey showing the location of the water line of the Kah Tai Lagoon in relation to the proposed street to be vacated. A discussion ensued as to whether the information provided was sufficient to provide a basis for their decision. Mr. Abraham indicated that the survey just presented to the Council is adequate evidence to support the location of the lagoon in relation to the proposed street to be vacated which indicated that the street does not abutt the water. Councilmember Imislund asked for Stephen Hayden to comment on the information provided to the Council. Mr. Hayden pointed out that the water line staked on January 21, 1982, and the water line established by Mr. Phillips, a biologist in August 1982, is some- times lower and sometimes high in elevation. He indicated in his opinion Mr. Phillips does not know what he is doing and the survey provided the Council is not a valid representation as to the normal nigh water line of the lagoon. He felt the letter from Ron Hershey provided the Council earlier was better evidence. Mr. Abraham indicated that he would like the Council to condition the vacation on the City's receipt of a deed or easement for public access for the area proposed for park purposes by the Care Center. A discussion ensued<asto where the boundaries of the street would begin and end. Mr. Hayden was recognized and"again expressed his concern with the selection of this sight for expansion of the Care Center suggesting that this challenge could be avoided by placing the addit~on at the other end of the facility. After a brief discussion Counèilmember Shirley made a motion that the street vacation be approved provided that the Kah Tai Care Center will'convey the property designated for park purposed to the City the description of which to be prepared later and provided that construction begins within six years of this date which was seconded by Council- member Parker. Mr. Majhan explained that the Care Center has a six year option to purchase the land. He explained that the reason they have not sought to expand on the other end of the property is that the abutting property owner is opposed to it and there would be a street vacation involved there as well. Councilmember Imislund stated that there are more than a select few people who oppose this applicaiton and listed the groups and organizations she was aware of who are concerned with the environment. After a brief discussion, the motion passed by roll call vote with five I I 407 MINUTES OF THE REGULAR SESSION OF SEPTEMBER 7, 1982 Cont. Councilmembers voting in the affirmative. and Imislund voted against the motion. Councilmembers Kenna Mayor McClure declared a recess at this time, 9:55 P.M. The meeting was reconvened at 10:05 P.M. with all Councilmembers present. I ORDINANCE NO. 1926 AN ORDINANCE INCREASING THE APPROPRIATION FOR THE CURRENT EXPENSE FUND BY $13,700, THE LIBRARY FUND BY $1,500, THE PARK FUND BY $3,100, MODIFYING THE APPROPR~ATION FOR THE EMERGENCY MEDICAL SERVICES FUND AND DECLARING kN EMERGENCY. Mr. Grove read the ordinance by title which consti tu1:ed the second reading.He explained that the amendment made at the last meeting had added as 'a new section 2 to the original draft. Councilmember Shirley made a motion that the second reading be considered the third which was seconded by Councilmember Hunt and passed unanimous' ly by voice vote. Councilmember JJudy made a motion 1:0 adopt the ordinance which was seconded by Councilmember Kenna and passed unanimously by roll call vote. ORDINANCE NO. 1927 AN ORDINANCE VACATING 7TH STREET BETWEEN THOMAS AND MCPHERSON STREETS I Mr. Grove read the ordinance by title. Councilmember Judy made a motion that the first reading by considered the second and the" third be by title only which was seconded by Councilmember Hunt and passed unanimously by voice vote. Mr. Grove read the ordinance by title. Councilmember Parker made amotion to adopt the ordinance which was seconded by Councilmember Imislund and passed unanimously by roll call vote. NEW BUSINESS Rezone Request No. 682-02 - Donovan & Stroeder. Councilmember Ciprioti made a motion that the City Council conduct a public hearing on this application during the first regular council- meeting in October which was seconded by CouncilmembE~r Imislund and passed unanimously by voice vote. I Community Alcoholism Center Presentation. Mr. Walt Sowa, Public Defender, was recognized and identified himself as a board member of the Community Alcoholism Center. He reported thai: the center is facing a budget crunch with a shortage of $22,000 for the remainder of this year and requested additional funds be allocated to them from the City. He explained that if the program is cut, it will cost the City more money in the long run. The referrals are more than half from the City. He sighted several examples and explained how they cost the City. He asked that the Council reconsider vic Dirkson's letter requesting funds. Mayor McClure asked Chester Prudhomme to contact his Secretary to set up a meeting so he can discuss their needs. The Mayor explained that the City is not going to be able to provide him with a quick answer. ADJOURNMENT There being no further business, the meetng was adjourned at 10:35 P.M. by Mayor McClure. ATJ;;.) ~ C~ty Clerk -----