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HomeMy WebLinkAbout12/20/1988 81 MINUTES OF THE REGULAR SESSION OF DECEMBER 6, 1988, Cont. EXECUTIVE SESSION I' Mayor Shirley recessed the meeting into Executive Session to discuss a legal matter at 10:08 PM. The meeting was reconvened at 10:35 PM. Councilmember Clise made a motion that the Council authorize the City Attorney to- file an appeal on the Sudlow case which w~s seconded by Councilmember Camfield and passed by voice vote with six Councilmembers voting in the affirmative and Council- member Jones voting against the motion. ADJOURNMENT There being no further business, Mayor Shirley declared the ~eeting adjourned' àt 10:36 PM. G3=AJ ~ Mayor Attest: 1Ldr~ MINUTES OF THE REGULAR SESSION OF DECEMBER 201 1988 The City Council of the City of Port Townsend met in regular session this 20th day of December, 1988, at 7:30 PM, in the Council Chambers of City Hall, Mayor Brent S Shirley presiding. I ROLL CALL Councilmembers present at roll call were Jean Camfield, John elise, Vern Jones, Mike Kenna, Julie McCulloch and Norma Owsley. Also present were Public Works Director Ted Stricklin, Clerk-Treasurer David Grove, and Executive Administrative Assistant/Planner Michael Hildt. City Attorney Keith Harper arrived later in the meeting. Councilmember Karen Chang was excused as she was out of town. PUBLIC COMMENTS I John Sudlow was recognized and reported that he has been required to pay all legal fees in connection with his short plat as well as interest on the investment, lost sales, and emotional costs. Barbara Williams was recognized and appealed to the council to have the cost of a street vacation reduced because she only wants to build a garage on the property. Mr. Hildt explained that if the applicant believes the appraisal is incorrect, he would be glad to review it with her. However if it appears to be accurate, then the ordinance does not provide for there to be an exception to payment. Ms. Williams and Mr. Hildt agreed to meet the next day at 10:30 AM. Hank Sukert was recognized and asked the Mayor what he has done in response to his suggestion that a committee be formed to re- view all liquor license applications. Mayor Shirley indicated that nothing has been done with the suggestion. Mr. Sukert re- ported that one of the reserve police officers is tending bar at the Sea Galley which he considers a conflict of interest. He suggested that businesses be classified at different rates under the Business and Occupation Tax based on how much the city wants to "romp and stomp" on the business. Mr. Sukert alledged that the city does not have a full time Police Chief because he was found to be walking his dog one afternoon. Tammy Robinson was recognized and thanked the Council for their support on their request for a liquor license. She reported that the Liquor Control Board denied their request for a license a second time. She asked if Mayor Shirley wrote a letter in behalf of Denny's Bowling Alley's request for a liquor license and made a trip to Olympia on his behalf so he could get his liquor license. " -~ 82 MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1988 Cont. Mayor Shirley indicated that he has been known to write letters in behalf of an applicant for a liquor license and has stopped by the Liquor Control Board offices while in Olympia on other business to assist other~ in obtaining a license. She asked if that was a stan- dard practice and the Mayor said no. She complained that her busi- ness is not receiving equal treatment by the city and explained that she has requested an opportunity to meet with the Police Chief and Mayor to resolve their problems. Mayor Shirley rep~rted that the Police. Chi.~f indicated to him that he is not going to setup a meeting. CONSENT AGENDA I Councilmember Jones made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Clise. Council- member Camfield noted that Jim Broughton's name is misspelled on page 71. The motion passed unanimously by voice vote. Approval of the minutes for the Special Council Meeting on December 5, 1988, and the Regular Council Meeting on December 6, 1988 were approved as corrected without reading. Approval of the following Bills and Claims: Current Expense Street Fire Equipment Construction Emergency Medical Services Capital Improvement Community Development Block Water-Sewer Storm and Surface Water Equipment Rental Parks Grant $52,384.87 4,428.41 2,975'.85 1,173.19 119.17 5,257.09 41,676.00 338.12 2,020.25 1,680.39 $112,053.34 I Total Approval of Reappointments: JoAnne Fritz to the Civil Service Commission to end December 31, 1991. Alan Carmen to the Planning Commission to end December 31, 1992 Communications: A notice of appeal dated December 13, 1988 was copied for the council requesting that the Court of Appeals consider the Findings of Fact, Conclusions of Law, and Order and Judgement signed by Glenn Abraham, Court Commissioner on November 15, 1988 on case No. 88-2-00202-8 for John L. Sudlow, Jr. and Juelanne B. Dalzell was copied for the council. Letters dated December 12, 1988, from Michael Hildt to Daniel and Debbie Fountain and Linda and Carl Hanson were copied for the council confirming that they do not need a variance in order to construct a fence on their property line adjacent to the Grant Place Alley. The council received a letter dated December 6, 1988 from Louise Frombach expressing support for the request of Mr. Dentzel to allow construction of a carousel on the grounds of the Community Center in the uptown district. This letter was referred to the Parks and Property Committee. A report titled TESTIMONY ON STYROFOAM ORDINANCES TO THE CITY OF PORTLAND COMMISSIONERS dated November 30, 1988 by Chris Moir was copied for the Council. A letter from Keith Harper to Peter A. Paley dated December 16, 1988 was copied for the council advising him of the costs for improvements to Grant Place. I This concludes the Consent Agenda. PUBLIC HEARING Fort Worden Centennial Pavilion Farmers Home Administration Final Application Approval. Mr. Bart Phillips was recognized and explained the application and recounted that fact the Farmers Home Administra- tion approved a preapplication three months ago for this loan of 83 MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1988 I $250,000 to be paid back over 20 years at an interest rate of 6 3/8%. Mayor Shirley then opened~ the hearing to the public. Mr. Gael Stuart was recognized and testified in favor of the application pointing out the support from around the state and the growth in budget for Centrum in recent years. There being no further testi- mony, Mayor Shirley closed the hearing to the audience and turned the application over to the council for disposition. Councilmember Clise identified himself as a board member for Centrum :~ndicating that he would remove himself if anyone considered that to be a conflict. Councilmember Owsley reported that the Finance Committee is recommending approval of this application. Councilmember Kenna seconded this as a motion which was passed unanimously by voice vote. COMMITTEE REPORTS I Street/Storm Drainage/Light. Councilmember Jones reported that the committee met and reviewed Scott Walker~ request for improvements to the sidewalks, pathways, etc. He indicated that it is their recom- mendation that a citzens'committee be formed and a study be made. They recommended that Scott Walker be appointed as the chairman of the committee. He made a motion to that effect which was seconded by Councilmember Camfield and, after a brief discussion, passed unanimously by voice vote. Councilmember Jones reported that a request for street work in the Judith Johnson Plat was referred to Ted Stricklin to see what can be done. Councilmember Jones reported that the'Hansons and Fountains had a problem with the street sign and speed sign up on 25th and Mr. Stricklin will look into it. The neighbors reportedly pulled up the signs and then stood on them when the Street Department arrived to reinstall them. Mr. Stricklin asked the Council for direction at this time. It was suggested that some- one sit down with them and advise them of their rights and the city's rights to see if a resolution can be reached. Councilmember Jones reported that a traffic count will be taken at the intersection of 12th and Landes to determine if there is sufficient traffic to war- rant the installation of a street light. Police/Fire/Animal Control. Councilmember Clise announced a meeting on Monday, January 9, 1988 at 5:00 PM at City Hall to consider an ordinance on animal control. Tour of Whidbey Island Naval Air Station. Mayor Shirley announced that he has set up a tour for January 13th from the 11:00 AM ferry. UNFINISHED BUSINESS ORDINANCE NO. 2135 AN ORDINANCE APPROPRIATING THE SUM OF $35,500 TO THE CURRENT EXPENSE FUND, $5,000 TO THE LIBRARY FUND, $3,000 TO THE PARK FUND, $6,200 TO THE EMERGENCY MEDICAL SERVICES FUND, $8,000 TO THE WATER-SEWER FUND, $1,950 TO THE 1956 TRANSMISSION LINE REPLACEMENT FUND, AND $11,000 TO THE EQUIPMENT RENTAL FUND, MAKING FINDINGS AND DECLARING AN EMERGENCY. I Mr. Grove read the ordinance by title which constituted the second reading. Councilmember Kenna made a motion that the second reading be considered the third and the third be by title only \Jhich was seconded by Councilmember Camfield and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember Kenna made a motion to adopt Ordinance No. 2135 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. Sim son Shoreline Variance Re uest. Councilmember Kenna reported that the Legislative Environmental Committee met to reconsider Peter Simpson's request for a variance from the setback requirements from the bluff. They considered findings of fact in favor of the request and looked at the safety considerations and believe that it doesn't meet the administrative criteria. Councilmember Kenna made a motion to deny the request which was seconded by Councilmember Jones and passed unanimously by voice vote. It was noted that the applicant intended to withdraw the application as a result of the discussion. 84 MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1988 Cont. RESOLUTION NO. 88-88 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE PORT TOWNSEND BRANCH OF U.S. BANK FOR FINANCING POLICE VEHICLES PURCHASE Mr. Grove explained the results of quote comparison and indicated that U.S. Bank gave the least expensive quote. Councilmember Jones made a motion that the council adopt Resolution No. 88-88 which was seconded by Councilmember Clise and passed unanimously by voice vote. ORDINANCE NO. 2138 AN ORDINANCE VACATING THAT PORTION OF WILSON STREET LYING BETWEEN PLATTED DISCOVERY BAY ROAD AND PLATTED TWENTIETH STREET; RESERVING A UTILITY EASEMENT TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE. Mr. Grove read the ordinance by title. Councilmember McCulloch made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. 'Mr. Grove again read the ordinance by title. Councilmember McCulloch made a motion that the council adopt Ordinance No. 2138 which was, seconded by Councilmember Jones and passed by roll call vote with five councilmembers voting in favor of the motion. Councilmember Owsley voted against the motion. RESOLUTION NO. 88-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DEREK C. REIJNEN CONSTRUCTION Mr. Stricklin explained that differences in the agreement will be finalized the next morning, but he understands that the contractor is agreeable to the changes requested by the City Attorney. After a brief discussion, Councilmember Owsley made a motion that the council adopt Resolution No. 88-89 provided that the City Attorney approves of the final draft incorporating the changes incorporated in his memorandum of December 16, 1988 which was seconded by Coun- cilmember Camfield and passed unanimously by voice vote. NEW BUSINESS RESOLUTION NO. 88-90 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDATORY AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND WILLIAM W. GRACE~ TO AMEND THE PROPERTY USE AND DEVELOPMENT AGREEMENT WHICH GOVERNS DEVELOPMENT OF THE TOWNSEND MEADOWS PLANNED UNIT DEVELOPMENT Mr. Hildt explained the changes requested by,Mr. Grace and-recommende~ by the Planning Commission to allow this project to be phased. After a brief discussion during which amendments were offered by John M. Vincent, an attorney representing Mr. Grace, Councilmember McCulloch made a motion that the council adopt Resolution No. 88-90 with the amendments suggested which was seconded by Councilmember Jones and passed unanimously by voice vote. RESOLUTION NO. 88-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING PROPERTY SURPLUS AND AUTHORIZING ITS SALE OR DISPOSITION Mr. Grove explained that this 1929 Mack Pumper Firetruck has been stored in the DeLeo Building which will soon be torn down and the Fire Department has run an advertisement and found buyers interested I I I 85 MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1988 Cont. in purchasing it. Councilmember Clise made a motion to adopt the resolution which was seconded 'by Councilmember Camfield. After a brief discussion, the motion passed by voice vote with five council- members voting in the affirmative. Councilmember Jones voted against the motion. RESOLUTION NO. 88-92 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING PROPERTY SURPLUS AND AUTHORIZING ITS SALE OR DISPOSITION. Mr. Grove explained that this is a resolution authorizing the sale of a 1979 Datsun pickup which is falling apart. Councilmember Kenna made a motion to adopt this resolution which was seconded by Council- member Owsley and passed unanimously by voice vote. ORDINANCE NO. 2137 ~ AN ORDINANCE FIXING AND ADOPTING THE 1989 BUDGET FOR THE GENERAL CITY GOVERNMENT, THE WATER-SEWER UTILITIES, THE STORM AND SURFACE WATER UTILITY, AND BOND REDEMPTION FUNDS Mr. Grove read the ordinance by title. He then reviewed the changes between the preliminary and final budget detail. Councilmember Owsley made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Councilmember Jones made a motion that the council adopt Ordiance No. 2137 which was seconded by Councilmember Camfield and passed unanimously by roll call vote. I RESOLUTION NO. 88-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND EXPRESSING SUPPORT FOR THE MARINE SCIENCE CENTER Ms. Judy D'Amore was recognized and spoke in favor of this resolution explaining that it will be used in support of a request for funding to the Washington State Legislature. Councilmember JonE~S made a motion to adopt this resolution which was seconded by Councilmember McCulloch and passed unanimously by voice vote. ORDINANCE NO. 2139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FIXING FEES FOR AMBULANCE SERVICE I Mr. Grove read the ordinance by title. He explâined that this in- crease is necessary in order to meet the revenue requirements in the budget just approved. Councilmember Clise made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Jones and passed unanimously by voice vote. Mr. Grove again read the ordinance by title. Council- member Jones made a motion that the council adopt Ordinance No. 2139 which was seconded by Councilmember Clise and passed unanimously by roll call vote. RESOLUTION NO. 88-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH KITSAP PHYSICIANS SERVICE Mr. Grove explained the resolution. Councilmember Jones made a motion to adopt the resolution which was seconded by Councilmember Clise and passed unanimously by voice vote. 86 MINUTES OF THE REGULAR SESSION OF DECEMBER 20, 1988 Cont. COUNCILMEMBER GENERAL DISCUSSION Councilmember Clise expressed concern that the necessary ordinances be implemented to put into force the results of the Gateway Project in view of the fact that we can expect additional construction in the near future. Mr. Hildt reported on the progress made toward the specified goals with regard to speed limits, greenbelt acquisition, development guides, and sign code improvements. He explained that the policy statements made as a part of the Gateway Project have been adopted as an addition to the Comprehensive Plan and as a result does provide some strength when applications are received for con- ditional use permits or environmental checklists. I Councilmember Camfield expressed concern about the denial of the liquor license for the Port Townsend Cafe. Councilmember Kenna shared her concern. Mayor Shirley explained that it is an admin- istrative matter, the recommendation was made by the Police Chief and he supports the recommendation.' He stated that he feels that the recommendation was based on specifics and consistent. Council- member Camfield stated that she thihks it is unfair and not con- sistent. Councilmember Kenna stated that he feels it does not express support for uptown businesses. Councilmember McCulloch complimented the~ appearance of the new parking signs in the downtown area. EXECUTIVE SESSION Mayor Shirley declared a recess into executive session at 9:05 PM to discuss pending litigation and a personnel matter. He indicated that in addition to the City Council, he would like Ted Stricklin, David Grove, Keith Harper, and Michael Hildt to be in attendance. The meeting was reconvened at 9:50 PM. SPECIAL PRESENTATION I Rosemary Shirley was recognized and read from the writings of Robert Jordan explaining II All I really need to know about how to live and what to do and how to be I learned in Kindergarden..." ADJOURNMENT There being no fur~her business, Mayor Shirley declared the meeting adjourned at 9:53 PM. Attest: ~~ City Clerk I