HomeMy WebLinkAbout09/15/1987
395
MINU~E$;OF THE ~EGULAR SESSION OF SEPTEMBER, 1, 1987, Cont.
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Mr Grove read the ordinance by title. Councilmember Ison made a motión 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 Ison made a motion to adopt
Ordinance No 2082 which was seconded by Councilmember Jones and passed unanimously
by roll call vote.
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ADJOURNMENT
There being no further business, Mayor Shirley declared the meeting adjourned at
8:09 PM.
c3=b~~
Attest:
ß~~
Clerk-Treasurer
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MINUTES OF THE REGULAR SESSION OF SEPTEMBER 15, 1987
The City Council of the City of Port Townsend met in regular session this fifteen h
day of September, 1987, at 7:30 PM. in the Council Chambers of City Hall, Mayor
Brent S Shirley presiding.
ROLL CALL
Councilmembers present at roll call were Jean Camfield, Vern Jones, Mike Kenna, John
Clise, Mary Norwood and Norma Owsley. Councilmember Ison was out of town. Also present
were City Attorney Keith Harper and Clerk-Treasurer David Grove.
MINUTES
Councilmember Jones made a motion to approve the minutes of September 1, 1987, as
written and to dispense with the reading of them which was seconded by Council-
member Clise and passed unanimously by voice vote.
BILLS AND CLAIMS
The following bills and claims were presented for payment:
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Current Expense
Street
Library
Park
Hotel/Motel Transient Tax
Emergency Medical Services
Water-Sewer
Storm and Surface Water
Equipment Rental
Memorial
$ 6,192.40
5,209.66
2,052.59
25,619.28
38.30
176.87
16,875.66
321.69
1,717.29
34,937.50
Councilmember Camfield made a motion that the bills and claims be paid from the
proper funds which was seconded by Councilmember Owsley and passed unanimously by
voice vote.
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396
MINUTES OF THE REGU'-:.AR SESSION OF SEPTEMB~R 15, 1987, Cont.
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COMMUNICATIO,NS
IA letter dated August 7, 1987, from Al Swift, Member of Congress from the Second
District, Washington, was copied for Council to Mayor Shirley commenting on a
Department Head meeting his representative had attended in July and the plight of
small town America.
A memorandum from Bob Hinton to Vern Jones requesting approval for the removal of
¡four fir trees from the City right-of-way in front of his new residence at 610
¡ 14th Street dated August 20, 1987, was copied for Council. After discussion, it
!was concluded that utility lines can be installed without removal of the trees.
Councilmember Jones made a motion to deny the request which was seconded by
Councilmember Camfield. The motion passed by voice vote with Councilmember Nor-
wood voting against~
¡A letter'dated August 25, 1987, to Councilmember Jones from Bill and Kathy Myers
was copied for the Council requesting reduction of sewer charges when the water
to a residence is turned off. Mayor Shirley referred this to the Water-Sewer
Committee.
A letter dated August 26, 1987, from Lois A Venarchick to Mayor Shirley and the
Council was copied opposing the location of a McDonaldls Restaurant in Port Town-
send. Mayor Shirley referred this to the Legislative/Environmental Committee~
A letter dated September 2, 1987, to the Council from Stephanie Lutgring providing
the background for Variance Application No 787-10 was copied for Council. Mayor
Shirley referred this to the public hearing later on the agenda.
A note to Mayor Shirley and the Council from Frances Gooch was copied for Council
September 11,1987, requesting a handicapped lower rate for utilities. Mayor
Shirley referred this to the Water-Sewer Committee.
A letter from Michael Hildt to Peter Buck, Buck and Gordon, PS, dated September
9, 1987, was copied for Council enclosing a copy of the Port Townsend Comprehensi~e
Plan, Water Street Historic District, National Trust for Historic Preservation an~
the Port Townsend Waterfront Workbook. Mayor Shirley referred this to the Lègis-
lative/Environmental Committee.
iA letter dated September 10, 1987, from Claire L Floyd, President, Fttencls of the
Library, was copied for Council transmitting $6,000 to the City for Library
renovation and expansion. Councilmember Jones made a motion to accept the money
¡with thanks which was seconded by Councilmember Camfield and passed unanimously
I by voice vote.
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IA letter dated September 10, 1987, from Keith Harper to Bryon Swigert, Manager,
¡Jefferson County, Puget Sound Power and Light, was copied for Council stating tha[
the utility company can continue to prune trees to protect their lines.
A letter dated September 1'1, 1987, from Warren Steurer, Director, Jefferson Count
Parks and Recreation, was copied for Council requesting that the City continue itE
support of the Jefferson County Programs for 1988. Mayor Shirley referred this to
the 1988 budget.
IA letter dated September 11, 1987, from Bob Kerslake, Jr, Washington-Oregon Claim
¡Service to Daniel O'Connell was copied for Council denying Mr O'Connell's claim
¡for damages for a broken windshield on his boat while it was being towed on Cherrw
'Street.
Councilmember Clise copied an article sent to him by Skip Norton, called "Bèefing
Up An Image" for Council which showed a McDonald's Restaurant in Freeport, Maine.
PUBLIC COMMENTS
Randy Sheriff was recognized and requested a light at Chetzemoka Park at the North
end of the parking lot.
COMMITTEE REPORTS
Community Services. Councilmember Norwood reminded everyone of the Library Parade
on September 27, 1987, and urged everyone to be there if at all possible.
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Legi slat i ve/Envi ronmenta 1. Counci lmember Kenna announced thàt"~tbe:iJ1aOQQä;J:d~ s ¡
¡Corporation is working on their Checklist and that Doug Bak~Fi' has sent copies o~
several Zoning Codes for Commercial Districts, including Freeport, Maine, which I
!will fit in with the SR 20 Project. ¡
¡MaYOr. Roy Grewell of the EMT Department -of the Fire Department was reCOgnized!
I and announced the receipt of a $1,000 grant from the State of Washington and the I
I Eastern Jefferson Emergency Medical Services Council to be used for the purchase ¡
'of a defibrillator unit for the Port Townsend Fire Department. Mr Grewell r
explained the need for the unit and the re-allocation of funds in the Emergency I
Medical Services Fund budget to purchasè the unit. Councilmember Camfield made
I a motion to purchase the defibrillator which was seconded by Councilmember Jones!
I as passed unanimously by voice vote. ~
Mayor/Council. Mayor Shirley announced the need to replenish the travel fund by!
$2,000. After a short discussion, Councilmember Camfield made a motion to move'
$2,000 into the Mayor/Council travel budget from contingency funds which was
seconded by Councilmember Clise and passed unanimously by voice vote.
Retreat. Mayor Shirley announced the proposed agenda for the retreat by Michael ~
Hildt and asked that any additions by the Council be sugmitted in the next few
days.
Proclamation. Mayor Shirley proclaimed the week of September 17 through 23, 198~,
lias Constitution Week.
I PUBLIC HEARINGS ,
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'Variance Request No 787-01 -Lutgring. Mr Grove reviewed the findings and conclu~-
ions recommended by the Port Townsend Planning Commission, a further suggestion qf
findings and conclusions from Michael Hildt, a letter from City Building Inspector
¡Doug Franz and a letter from the applicant. Mayor Shirley opened the hearing to !.
the audience. Laurie Stewart was recognized and bave the background of the:
building and spoke in favor of the variance. Stephanie Lutgring was recognized:
land spoke in favor of the variance and the improvements that will be made to the.
: structure to bring it up to code. Gary Kaiser was recognized and spoke in favor:
'of the variance. There being no further testimony, Mayor Shirley closed the ~
I hearing to the audience and turned the application over to the Council for dis- '
¡position. During the discussion, Alan Carman was recognized and spoke about the
I objections of the Planning Commission minority which would add a condition that
the lot lines be vacated making one lot out of the property. Co~ncilmember Cam-:
¡field asked Mr Franz if vacating the lot lines and the improvements listed in hi~
letter are done would be sufficient to bring the building up to code. Mr Franz ¡
¡answered that they would. After further discussion, Councilmember Clise made a :
!motion that the variance be granted subject to the applicant meeting all the:
!requirements of the Building Department, the lot lines be vacated and the follow~
j ing findings and conclusions which was seconded by Councilmember Camfield and'
passed unanimously by voice vote.
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Find~ngs of Fact
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1. ¡APPlicant has recently purchased the subject property for
use fs a single family residence. The structure was built in
1977¡!8 under a.permit issued by the City for a "temporary hobby
bldg~ Convers1on of the structure to residential use requires
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extlnsive improvements to meet building code provisions. .ä
building permit cannot be issued for these improvements without a
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variance due to the existing. nonconforming front setback of only
sev$n feet.
398
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-1-- No r~~o fth~--~~: j e'c-t p r~~: ~~y.ac~ 0 S S the unimproved 32 nd
treet right-of-way, is vacant property used currently as a
egetable garden. There is a barn just west of this garden,
orthwest of the subject property. To the west is vacant lot 4,
eyond which are single-family houses. Adjacent to the east
roperty line is a single-family house approximately 28 feet from
he subject structure. The nonconforming rear yard of this house
approximately 17 feet) abuts the east side yard of the subject
roperty. To the south are single-family houses on 31st Street.
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. The existing structure is built on portions of Lots 2 and 3, the
ombined area of which is approximately 6,250 square feet. The sma I
approx. 650 square feet), one story, wood-framed building is well
elow the maximum 35% lot coverage for the R-1A zone. The existing
ide yard setbacks are approximately 11.5 feet on the east and 23.5
eet on the west. The rear of the structure is approximately 31 fee.
rom the closest property line to the south. j
. The building is currently vacant and consists of a 14' x 24'
arage-workshop connected by an apparent 9' x 14' bathroom-hallway t
12' x 14' room. The structure is supported by pier blocks with th
xception of the garage-workshop which is built on a concrete slab.
Although the applicant states that parking requirements could oe
et on an adjacent lot, the parking provisions of the Port Townsend
iuniCiPal Code require parking spaces be located on the same lot wit
he building they are required to serve (17.28.020 PTMC). The
xisting garage would accommodate a single space, leaving inadequate
rea between the garage and the front property line for the
remaining required space. Though it would be possible to provide -Gh
required second parking space in the west side yard, the 32nd Street
right-of-way would be the likely parking choice in actual practice.
The present garage structure is a perpetuation of a legal
onconforming structure that had been built prior to the 1971 zoning
ode.
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proposed variance would not amount to a rezone nor consti tu1t;e
in the district boundaries shown on the official zoning map"
Although the applicant cites the unusual configuration of the
ot lines, if the structure is moved back thirteen feet to conform t
front setback requirements, a rear yard setback of eighteen feet
~ould remain. It may be necessary to rebuild the garage to
.ccomplish such a move, however. Accordingly, the lot line
eonfigurations result in special circumstances which do not result
¡rom actions of the applicant and which are peculiar to the subjec1;
roperty and are not applicable to other lands in the district.
'. The variance requested would not confer a special privilege to
he subjec~ proper~y that is denied to other lands in the same
istrict.
The granting of the variance would not be detrimental to the
.ublic welfare or injurious to the property or improvements in the
icinity and zone in which the property is situated.
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The reasons set forth in the above referenced application
!ustify the granting of the variance and the variance is the minim~~
rariance that will make possible the reasonable use of the land.
. Because the granting of the variance would be in harmony with
he general purpose and intent of Title 17 (zoning) the above
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399
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-- --T~~:~I~;~~: :~:;~:C::p~ ~ :ca t~:~- ~~ G~E~ au ~j ::t - - to -- th:- f: How inJ-
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II 1. Prior to occupancy, the structure be made to:> conform in
, all other respects with Chapter 17. zoning. and Chapter
I 16, building and construction, of the Port 'fownsend
I Municipal Code.
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2.
The lot lines wi thin the property owned by -~he applicant!
in Lots 2, 3 and 4 shall be vacated and properly recorded.
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Variance ReQuest No 887-01 -Waterburv. Councilmember Camfield did!
not take any part in this hearing. Mr Grove reviewed the findings i
and conclusions of the Port Townsend Planning Commission. Mayor!
Shirley opened the hearing to the audience. Richard Bpindor was ¡
recognized and spoke in favor of the variance and gave an update on:
the permits that have been issued for the project. There being no ¡
further testimony. Mayor Shirley closed the hearing to the audience!
and turned the application over to the Council for dinposition. ¡
Councilmember Owsley made a motion that the Council grant the
variance with the following findings and conclusions uhich was
I seconded by Councilmember Jones and passed unanimousl~, by voice
I vote.
Ili'1nd~B :
1. Applicant proposes to construct a thirty-two unit, three I
story motel at Thayer and Washington Streets on Port Townsend Bay. :
Immediately to the east of the site is a vacant auto repair shop; ~o
the west across Thayer Street is a fish processing faeili ty now in I
negotiation for a new processor; to the north across '~ashington :
. Street is a small retail center. including a restaurant and other
shops and services; and to the south is Port Townsend Bay.
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2. Thirty-two off-street parking spaces, including one meeting.
parking-for-the-handicapped specifications. are to be provided on a
paved and landscaped parking lot on the site. In order to comply!
with the parking requirements and provide significant landscaping, :
the applicant states that twelve of the thirty-two parking spaces
must be sized for compact cars. Inasmuch as the Port Townsend
Municipal Code does not make provision for compact ca~ parking
dimensions, a variance is required.
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3. Vehicular access will be from Thayer Street. Thc~ developer
will make the necessary street improvements as well an improve the:
end of Thayer Street for public access to the tidelands, including:
benches, picnic area, access stairs and landscaping.
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I 4. The gross floor area of the proposed motel structure is to be '
I less than the 24,165 square feet (lot area) permitted in the C-II
I zone. The building is to be wi thin the thirty-five foot height.
limit. The two structures presently on the site are to be removed.:
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5. The City Council found on June 16. 1987, that the proposal
would not have any significant adverse environmental impacts. ;
The Port Townsend Planning Commission recommended on ~June 25, 1987 I
that Conditional Use Permit 587-01 be granted subject to certain
! conditions. The Jefferson-Port Townsend Shoreline Management
! Advisory Commission recommended on July 15, 1987, thai:; subject to
I certain conditions. Shoreline Substantial Development Permit
Application SH7-87 be approved and a permit issued. The Port
Townsend City Council on August 4, 1987, concurred wi i:;h both
commissions. granting the applicant a conditional use permit and a!
I shoreline substantial development permit which authorize the
I proposed motel under certain modified conditions.
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400
___~INl!I-,-~S OF THE REGUL~~_SESSION OF SEPTEMßER- 15, 1987, Cont.
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Conclusions:
1. The proposed variance would not amount to a rezone nor constitutl
'change in the district boundaries shown on the official zoning map.
2. Because of the constraints imposed by the streets and shoreline}
together with the setback, sidewalk and landscaping conditions J
imposed by the City Council, special circumstances exist which do n t
result from actions of the applicant and which are peculiar to the
subject property and are not applicable to other lands in the
district.
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3. The variance requested would not confer a special privilege to
the subject property that is denied to other lands in the same
district.
4. The granting of the variance would not be detrimental to the
public welfare or injurious to the property or improvements in the
vicinity and zone in which the property is situated. Because the
request would result in a proportion of compact-sized parking space
which is less than an estimated average forty-percent compact car
segment of United States automobile ownership, the proposed parking
dimensions would meet the intent and spirit of the parking
requirements contained in the Port Townsend Municipal Code.
15. The reasons set forth in the above referenced application
justify the granting of the variance and the variance is the minimu
variance that will make possible the reasonable use of the land.
Moreover, granting the variance would permit an aesthetically more
pleasing development which would better meet the conditions set for h
in the shoreline substantial development permit than is possible
through strict adherence to the requirements of the Port Townsend
Municipal Code.
16. Because the granting of the variance would be in harmony with
¡the general purpose and intent of Title 17 (zoning) of the Port
¡Townsend Municipal Code, the above referenced variance is GRANTED.
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OLD BUSINESS
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þr Grove read the ordinance by title and explained that this is the
second reading. Councilmember Kenna made a motion that the second
teading be considered the third and the third be by title only which
it as seconded by Councilmember Jones and passed unanimously by voice
ote. Mr Grove again read the ordinance by title. Councilmember
enna made a motion to adopt the ordinance which was seconded by
ouncilmember Jones and passed unanimously by roll call vote.
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ORDINANCE NO 2080
AN ORDINANCE APPROPRIATING THE SUM OF
$20,000 TO THE PARK FUND, MAKING FINDINGS,
AND DECLARING AN EMERGENCY.
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RESOLUTION NO 87-57
A RESOLUTION ACCEPTING AN EASEMENT FOR
WATERLINE FROM JOSEPH AND ARLEE ALHAVA
~. fter discussion, Councilmember Kenna made a motion to table the
esolution until the next meeting which was seconded by
ouncilmember Jones and passed unanimously by voice vote.
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401
t1IN.UJ£.S_D.LTJiE_RE.GUL A R_S.ESS ID.rLD.LS.EE..IH1 B.ER-1-5-,-1987-, - -Cant..
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ORDINANCE NO 2083
AN ORDINANCE VACATING THE EAST THREE (3) FEET OF
THE GRANT STREET RIGHT-OF-WAY LYING BETWEEN
FIRST STREET AND THE NORTH BOUNDARY OF LOT 1,
PLAT OF ISLAND VISTA; ESTABLISHING CONDITIONS
TO THE VACATION; AND ESTABLISHING AN EFFECTIVE
DATE.
Mr Grove read the ordinance by title. Councilmember Kenna 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 Kenna made a motion to adopt
Ordinance No 2083 which was seconded by Councilmember Jones and
passed unanimously by roll call vote.
NEW BUSINESS
Update to Shoreline Develo~ment Master Plan. Bob Duffy was
recognized and reviewed the recommended draft of the plan from the
Shoreline Management Commission and the Jefferson County Planning
Department. Mayor Shirley referred this to the Legie:lative
/Environmental Committee.
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ORDINANCE NO 2084
AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF
$30,000 FROM THE WATER-SEWER FUND TO THE LIBRARY
FUND AND PROVIDING FOR REPAYMENT.
After providing background information, Mr Grove read the ordinance
by title. Councilmember Norwood 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 tit;le. Council-
member Owsley made a motion to adopt Ordinance No 20él4 which was
seconded by Councilmember Jones and passed unanimously by roll call
vote.
ORDINANCE NO 2085
AN ORDINANCE AUTHORIZING THE LOAN OF THE SUM OF
$20,000 FROM THE WATER-SEWER FUND TO THE PARK
FUND AND PROVIDING FOR REPAYMENT.
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Mr Grove read the ordinance by title. Councilmember Camfield made ~
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 Camfield made a motion that Ordinance No.
2085 be adopted which was seconded by Councilmember ~rones and passed
unanimously by roll call vote.
402
MINUTES OF THE REGULAR SESSION OF SEPTEMBER 15, 1987, Cont.
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ORDINANCE NO 2086
AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX
LEVIES FOR THE YEAR OF 1988.
After explaining this and the following three ordinances, Mr Grove
read the ordinance by title. Councilmember Kenna 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 Kenna made a motion to adopt Ordinance No 2086
which was seconded by Councilmember Jones and passed unanimously by
roll call vote.
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ORDINANCE NO 2087
AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX
LEVIES FOR THE YEAR OF 1988.
Mr Grove read the ordinance by title. Councilmember Kenna 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 pass~d
unanimously by voice vote. Mr Grove again read the ordinance by
title. Councilmember Jones made a motion to adopt Ordinance No 2087
which was seconded by Councilmember Owsley and passed unanimously b~
roll call vote. -
ORDINANCE NO 2088
AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX
LEVIES FOR THE YEAR OF 1988.
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Mr Grove read the ordinance by title. Councilmember Kenna 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 to adopt Ordinance No 2088
which was seconded by Councilmember Kenna and passed unanimously by
roll call vote.
ORDINANCE NO 2089
AN ORDINANCE FIXING AND ADOPTING THE PROPERTY TAX
LEVIES FOR THE YEAR OF 1988.
Mr Grove read the ordinance by title. Councilmember Kenna 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 pass~d
unanimously by voice vote. Mr Grove again read the ordinance by ,
title. Councilmember Jones made a motion to adopt Ordinance No 2089
which was seconded by Councilmember Camfield and passed unanimously
by roll call vote.
RESOLUTION NO 87-58
A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF THE CITY OF PORT TOWNSEND AT THE GENERAL
ELECTION A PROPOSITION AUTHORIZING THE LEVY OF A
REGULAR PROPERTY TAX IN THE SUM OF $0.25 PER $1,000
ASSESSED VALUATION EACH YEAR FOR SIX CONSECUTIVE
YEARS BEGINNING IN 1987 TO BE COLLECTED IN 1988 FOR
THE PROVISION OF EMERGENCY MEDICAL SERVICES AS
PROVIDED WITHIN THE ~ITY OF PORT TOWNSEND.
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Councilmember Kenna made a motion to adopt Resolution No 87-58 which
was seconded by Councilmember Jones and passed unanimously by voice
vote.
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Mutual Aid Fire Protection Agreements with Area Fire Districts. I
I Mayor Shirley announced that the Fire Districts are still looking ~t
1 this and asked that the Police/Fire/Animal Control Committee revie~
, this for the next meeting.
Photography Contract -Jackson Bequest.
this be held until the next meeting.
Mayor Shirley asked that
¡ EXECUTIVE SESSION
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II Mayor Shirley recessed the meeting into executive session at 9:19 ~M
to discuss litigation. The meeting was reconvened at 10:03 PM. !
ADJOURNMENT
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I There being no further business, Mayor Shirley declared the meetlng
adjourned at 10:03 PM. :
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I Attest:
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Mayor ¿j
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Clerk-Treasurer
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~he City Council of the City of Port Townsend met in regular sess~ion this Sixth
~aYOf October, 1987, at 7:30 PM in the Council Chamber!: of City Hall, Mayor
~rent S Shirley, presiding.
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~ouncilmembers present at roll call were Jean Camfield, John Clis(~, Glenn Ison, ,
IVern Jones, Mi ke Kenna, Mary Nor_wood and Norma Ows 1 ey. Also pres(~nt were City!
~ttorney Keith Harper, Public Works Director Ted Stricklin, Clerk.-Treasurer David,
~rove and Executive Administrative Assistant/Planner Michael Hildt. :
~ayor Shirley introduced Janet Anderson of the Public Library staff who is in '
~harge of the LSCA Career Information Grant. Ms Anderson gave the background
information on the ten minute video tape she played for the Counc'il which was
one by several high school students taking part in the project.
, MINUTES
MINUTES OF THE REGULAR SESSION OF OCTOBER 6, 1987
ROLL CALL
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Councilmember Jones made a motion to approve the minutes of September 15, 1987, a$
~ritten and to dispense with the reading of them which was seconded by Council- '
rember Ison and passed unanimously by voice vote.
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BILLS AND CLAIMS
following bills and claims were presented for payment:
Current Expense $47,263.41
Street 5,043.37