HomeMy WebLinkAbout06/06/1967
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MTNUTES OF THE REGULAR SESSION OF JUNE 6th 1967
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June 6, 1967
Port Townsend, Washington
The City Council of' the Ci ty of Port Townsend met in regular sessj_on this 6th day of, June
1967 at 7:30 p.m. in the council chambers of the city hall. r:ia~or ::;ullivan presiding.
tWILL CALL
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Officers and members present were as f'ollows: Mayor Sullivan, Ci1~ A~torney Abraham, City
Clerk Youngblood, Councilmen Carter, Lindsey, Siebenbaum, Ruby, Judy, Hoglund, Swietzer.
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MINUTES OF THE REEEIOUS SESSION
The minutes of the previous session. were read in full and it was raoved by Councilman Lindsey
seconded by Councilman Ruby that the minutes be approved as read and the Mayor and City Clerk
sign same. Motion carried.
BILLS & CLAIMS
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The following bills & claims as audi ted by the. finance committee were pr esented and acted
upon as f'ollows:
CURRENT EXPENSE FUND-----------------Voucher
WATER FUND---------------------------Voucher
STREET FU1m--------------------------Voucher
GARBAGE FUND-------------------------Voucher
LIBRARY FUlID-------------------------Voucher
PARK FUlID --------------------------- Vouche
FIREMEN PENSION FUND-----------------Voucher
ORDINANCE NO 1506--------------------Voucher
ðRDINANCE.NO 1321--------------------Voucher.
No.4734
No.1508
No.984
No.951
No.1197
No.665
No.163
No.1?
No~256
through4776
through 1526
through 996
through 962
through 1225.
through 674
through 164.
thr ough 20
through 259
~~5, 525.59
3,732.82
1,340.23
862.55
549.36
337.75
37.48
105,593.18
3,230.85
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It was moved by Councilman Hoglund seconded by Councilman SwietzeJ> that the bills and claims
be approved as read and tha t the Mây6r'~ &'-:CLty"-CI'erk draw warrants upon the prop er f'unds for
payment of' same. Motion carried.
OFFICERS REPORT
City Clerk
The City Clerk reported the regular salary warrants for the Month-of May 1967.
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CURRENT EXPENSE FUND-----------------Voucher
WATER FUND--------------~------------Voucher
STREET FUND--------------------------Voucher
GARBAGE Fw{D-------------------------Voucher
LIBRARY FUND-------------------------Voucher
PARK FUND----------------------------Voucher
FIREMEN PENSION FUND-----------------Voucher
No.4716 through 4733 ~þ4, 893.50
No.1501 through 1507 2,214.65
No. 980 through 983 1,261.60
No. 946 through 950 1,983.55
No.1196 360.60
No. 664 273.58
No. 161 through 162 275.00
Ci ty Treasurer
'!'he city treasurer report was read in full for the Month .of' May 1967 and was ordered f'i1ed;
Police
The police report was read in f'ul1 for the Month of May 1967 and was ordered filed.
BUILDING PERMITS
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T'rle following building permits were presented and acted upon as f'ollows:
1408 sq Ft.
Robert Sahli, i-IOU3 e, 107 25th st. Lot 1 Ellis Addn, Frame, ~~18,000.,00.
Margaret Bishop, Basement.Into an Apartm~nt, 20'X30', Frame, 806 Filmore, $300.00
Andrew Austin, Addition to Woodshed, 18'X26', Frame, 13th & Cleveland, $150.00
George Coultas, Re-Roofi Fiber glass & Tar, Admiralty Hotel, $1,80ÐuOO
It was moved by Qouncilman Lindsey seconded by Councilman Judy that the building permits
be granted. Motion carried. .
Mayor Sullivan said that VVinterburn Const. Co. was building some Gomf'ort stations at the POl'"
of' Port Townsend and asked the Chief of Police th cReek with iVir. Winterburn on a building perm 'It
for none had been issued.
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corm:IUNICA TI ONS
From State Highway Commission, Olympia, Wash.
May 12, 1967, to-wit:
To:
The Honorable Mayors & Counœilmen of
Cities & Towns of the State of' Washington
Gentlemen:
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The 1967 Legislature revised the statutes relative to the provision for the use of the ~~ gas
tax on arterial streets. It is no longer necessary to match the t~ gas tax allocation with
25% of f'unds from some other source.
It will still be necessary to prepare a Prospectus Statement for the proposed Arterial Street
Project and obtain approval from the district off'ice of the Department of' Highways. The same
form will be used, less the requirement f'or the 25% matching funds. The approved Prospectus
Statement should be made available to the State auditor when the audit is maEie of' the city's
rec ords. A copy of this type of' Prospec tus Sta temen t is attached.
These funds are restrictBd in use by the provisions of' the Legislative Act to construction,
improvement and repair on arterial streets. Definitions of these divisions of street projects
are included to differentiate between construction, improvement and repair und to distinguish
maintenance of streets which is not eligible for use of the funds provided in this Act.
It is requested that the f'ina1 cost of each Arterial Street Project be transmitted to theY
District State Aid Engineer of your district for use in completing the records f'or the use of
the!1 of' gas tax allocated to construction on arterial streets.
As in the IE st, the District State Aid Engineer of your highwa.ys di:3trict off'ice will be
available for guidance in preparation of the Prospectus Statements.
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Very truly your's
J.L. Thornton, P.E.
State Aid Engineer
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MINUTES OF THE RI!:GULAR SIESS} T~~ OF J1J"N)!: 6, 1967 CONTINUED ~
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June 5, 1967
to;wit:
From: Port Townsend Planning Commission,
The Honorable Mayor and
City Council Members
City Hall
Port Townsend, dashingID n
Dear Sirs:
Land use p1annin~ has uni~ue importance in the Pacif'ic North~cst, which may be the only portion
of the United States with time remaininr;, not muC~l, to be sure, to plan adequtely f'or an inevi t-
able growth population and economy. This is evern more true on the Olympic Peninsula. .ath this
in mind, the University of ~ipshinston School of Law, in cooperation with the Department of Urban
Planning, the Bureau of' Governmental Research & Services, and the Graduate School of Public
Af'f'airs, will off'er a f'ive-week institute on Land Use Planning during the University of V!ashington
s~mer quarter. Because of' the importance of this course and because of' the valuable information
that can be applied to the Port Torffisend area, I feel it is imperative that I, as Planning
Commission Chairman, attend.
The enttre institute will run f'rom July 20 to Au~ust
school will be broken un into 10 units at Ü25.00 1- 31"
pertinent to our community and these are the coursas
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22, at a cost of ~~250.00 H:)viTever, the
unit. There are 3 Tunits that are particularly
I rave chosen to attend:
1. July 24-25 The Comprehensive Plan; Prof. Norman ~illiams, Jr., instructor, School of' Law
Rutgers University
2. Æugust 3-4 Zoning-The Enab1in~ Act & The zoning Ordinance; Prof'. Jan Krasnowiecki, instructor,
University of' Pennsylvania Law School
3. Außust 17-18 Open Spaces, Aesthetics, Historic ,3ites, j:!:Tc.; Frederick Farr, instructor
United States Department of' Transportation, Coordinator of' Highway Beautification,
Washington, D.C.
I will, of course, personally absorb any and all transportation, 10d~ing and meal expenses f'or
the 3 separate trips to the institute. The tuition for these courses will total $75.00 Fully
realiz in!'; tha t no f'unds have been budge ted f'or thi s pur::ose, nevertheless I wo-u.ld 1 iMe to place
my request for tuition costs bef'ore the Council members for tileir serious consiicration.
Re sp ec tfury,
Uarilou Green
Councilman Ruby made a motion seconded by Councilman Cr:rter that the funds requested be made
available. Motion carried.
From:
June 6, 1967
to-wit:
Eddie Lindsey
Mayor Dennis Sullivan
Chairman, Firemen's Pension & Relief' Fund
Port Townsend, \~shington
Gent1emen:-
I, Eddie Lindsey, submit this request for payment of 25% of my mediDal expenses for an operation
to be perf'ormed on the above date.
Sincerely
Eddie Lindsey
City Attorney Abraham said that he and L1r Lindsey hadn;one over tJ1e code a co'~n1e of times
and the provisions of' the code are not at all clear on the subject of off duty disability, he
said that he had sugges ted ;,ir Lindsey wJëi te the letter and that it may be refer:::>ed to the fire
committee and possibly it 1Nould be necessary to contact the State Auditor to f'L1.d out what ViTe
can do.
Mayor ~ullivan refferred the above co@TIunication the Fire Com~ittee.
!"rom Les ter :P,I. Bump;arner Jr.
Port Townsend, wn.
to-wit:
June 6, 1967
30norab1e Mayor
& Council Members
I hereby submit tlñs itemized list of' $353.60 f'or refund of' expenses of Seattle trips that were
necessary as a result of' the injuries I received October 12, 1966 at the Fire Hall. Tn.is list
includes all trips made to date of ViT~~ich I have paid for myself
rlhank you
Lester M. Bumgarner Jr.
Councilman Swietzer said that the letter sould be turned over to the Fire Comnittee f'or study
and also the City Attorney. He also stated that 7fr Burnp;arner was also working')utside his ~ob at
the f'ire hall thd.t it v'.Ou1d be possible tcb reinjure his condi tion and that should be looked into.
Af'ter some further discussion riJlayor Sullivan referred the letter to the Fire Cm:1mittee f'or a
report at the next re~u1ar session.
R.CSOLUTION 67-4
City Attorney Abraham explained the contents of the f'ollowing two resoluti ns and recommended
the the city council adopt both.
RESOLUTION 67-4
OF TH~ CITY OF PORT TO:rNSElID
VlHEREAS;
1. The City of' Port Townsend is a plaintiff in one or more anti-trust damage actions
generally described as the West Coast .t'ipe Cases.
2. On =':1ay 5,1967, a written "7Jemorandum of' Understanding f'or Settlement of West Coast Pipe
Pipe Cases between all p1aintif'fs and certain defendants" was entered into by counsel for plaintif'fs
in said cases and cousel for defendants United States Steel Corporation, Kaiser Steel Corporation,
Martin-Marietta Corporation, U.S. Industries, Inc., hereinafter collectively rePerred to as
"Sett¿inr:, D~fenda1. ts," a copy of said Memorandum of' undErstanding bein,Œ on f'i1e in the of'f'ice
of thlS entlty. ~.
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MINUTES OF THE REGUIA R SESSION OF JUNE 6, 1967 CONTINUED
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3. Said Memorandum of understandintj provides f'or payment to the designated Agent for all
plaintiffs of the sum of $21,275,000., of which sum $18,587,500., is to be paid in cash on
closing of the settlement and $2,687,500. is to be represented by installment promissory notes
of U.S. Industries, Inc. and United Concrete Pipe Corporation.
4. has been de~ignated by plaintiffs as their agent under said Memoran-
dum of Unders tanding. II
5. In order to consummate the compromise and settlement provided for in said Memorandum of'
Understanding it is necessary that each plaintiff (i) ratify, aff'irm and approve said Memorandum
of Unders tanding and the compromise and settlement provided f'or ther'3yb, (ii) authorize the II
payment and delivery by Settling Defendants to Plaintif'fs" Agent of the net settlement amount ori a
lump sum basis, without responsibility on the part of Settling Def'endants for the allocation or I!
distribution of such settlement amount as among the plaintif'fs, and (iii) authorize the executien
and delivery of' a Covenant Not To Sue, dismissals of the pending actions, and such other wri tin~rl s
and the taking of such other action as is required in order' to eff'ectuate said compromise and 1 .
settlement.. II
6. Acceptance of' the compromise and settlement provided for in said Memorandum of Unders tanJiing
is in the best interests of this entity.
NOW, 1'HEREFORE, BE rr RI/SOLVED by the City Council of The City of Port Townsend as f'ollows:
1. Said Memorandum of' Understanding for Settlement of' West Coast Pipe Cases Between All
Plaintiffs and Certain Defendants dated May 5, 1967, and the ccmprom:lse and settlement provided
f'or therèby, äre hereby.reatified, af'f'irmed and approved.
2. The designation tìf as Agent for all p1Eintiffs is hereby ratif'ied,
affirmed and approved.
. 3. Payment and delivery by the Settling Defendants to plair.tiffs I Agent of the Settlement
amount of' $21,275,000. represented by the cash amount and the notes hereinabove ref'erred to,
without responsibility on the part of Settlint Defendants for the allocation or distribution
of said settlemtn amount as among plaintiffs, are heroby authorized and approved.
4. The President or Vice President and Secretary or Assistant Secretary of' this entity are
hereby directed, authorized and empowered to execute and deliver, on behalf' of this entity, as
its act and deed, and under its seal, as Covenant Not To Sue in the form attached hereto as
Exhibit A.
5. Counsel of' record in said damage ac tions for this entity' are hereby direc ted, aùthorized
and empowered, on its behalf as its act and deed, to execute, deliver and file dismissals in
such form as may be agreed to pursuant to said Memorandum of Understanding, to execute and
deliver such other writings, and to take any and all other action whlch may be required of this
entity in order to"effectuate and consu!nmate the compromise and settJ_ement provided for in said
Memorandum of Understanding.
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ADOPTED It a regular meeting of the City Council held on June Em6 1967.
Dmnns SULLIVAN
MayoJI"
ATTEST:
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GALE I. YOUNGBLOOD
CI'l'Y CLERK
APPROVED AS TO FORM:
GLEi'IN ABRAHM.1
City Attorney
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CERTIFICA'l'E II
The undersigned he eby certifies that he is the duly elected, qualified and acting City Cler~
of' the City of' Port Townsend, VVashington and that the attached is a full, true and correct copy
of' a resolution duly and regularly adopted by the City Council of thE: City of' Port Townsend,
Washington, at a regular meeting duly and regularly called, noticed and held on the 6th dEN" of'
Junw, 1967, at which a quorum was present; and that said resolution has not been altered or
amended and is still in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto set his hanj and affixed the official seal
of' said City.
City Clerk of the ~ity of Port Townsend
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It was moved by Councilman Siebenbaum seconded by C,-mncilmanHoglund that Resolution 67-4 be
adopted. Motion carried.
RESOLUTION
67-5
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WHEREAS the City of Port Townsend is and has been for some time involved in antitrust
litigati n against certain manufacturers of steel and concrete pressure pipe, and
ìlliEREAS Jorm J. O'Connell, Attorney General for the State of Washington, has furnished
the necessary staff personnel and f'acilities for prosecuting the litigation to this point in
time, and
WHEREAS said John J. O'Connell has recommended that it is now timely to emplyyexperienced
antitrust trial councel,
BE IT NOW THEREFORE RESOLVED that said John J. O'Connell acting in his capacity as Attorney
General and chief counsel of' record in the litigation, be and is hereby empowered to execute
the attached proposal for and in behalf' of the City of Port Townsend.
ADOPTED a t a regular meetin..g; of the Ci ty Counc il held on June 6, 1967.
DENNIS SULLIVAN
. Vlayor
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ATTEST:
Gale I. Youngblood
City Clerk
APPROVED AS TO FORM:
Glenn Abraham
Clty A"Ltorney
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MINUTES OF THi: REGULAR SESSION OF JUNE 6, 1967
CONTINUED
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CERTIFICATE
Tne unders igned hereby certif'ies th1:i t he is the duly elected, qualif'ied and ae ting City Clerk
of the City of Port Townsend, Washington and that the attached is a full, true, and correct copy
of' a resolution duly and regu11:irly adopted by the City Council ~f' the ~ity of' P:)rt Tow~send,
Washington, at a regular meetin~ duly and regularly called, notlced ana held on the 6tn day of'
June, 1967, a t which a quorum was present; and that said re soluti:m h1:is not been altered or
amended and is still in full force and ef'fect.
IN 'dITNESS WHEREOF, the un¿ersigned hets hereunto set his hand and aff'ixed the of'f'icial seal
of' said City.
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City Clerk of' the City of Port Townsend
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I t was moved by Counc ilman Hoglund seconded by Councilman Rlj.by that Resolution 67-5 be
adopted. Motion carried.
PUBLIC HEARING
Councilman Lindsey stated that the Public 11earing for the vacation of' a porti::m of Front
street thett was to be held at this time was more involved than was anticipated and would like
to hetve the hearing held over until the next regular session. Councilman Lindsey m1:ide a motion
seconded by Councilman Ruby that the Public Hearing be extended until the next :regular session.
i:lotion carried.
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Counci1m1:in Swietzer s1:iid th1:it he now had a conf'irmed date set f'or talks on th3 garbage pro1~m
for Fort Worden, he stated that a meeting would be held at noon on the 21st of ,June at Fort
Worden and all councilmen to attend that could.
Councilman Ruby asked for an explanation on why the work was not being done on the Discovery
b~y road. He W1:iS inf'ormed by Supt. Arey that Mr Lindsey would do the work as soon as the dozer
was available.
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Councilman Ruby said that garbage h1:id been dumped in front of the Garbage du~) gate and asHÐd
if' a~ything could be done about it and if' if' happened very o~ten. Supt. ?erking said thett the
only way that anything could be done would be to catch them in the act, th1:it there was a law
f'orbidding dumping of' garbage anyplace except design1:ited places, he also stated that just a f'ew
times garbase was f'ound jn f'ront of the gate.
Councilman Ruby stated that Jllr ì.¡Iullens of the Garbar,e Department was retiring the Is t of July
1:ind felt that some token of ~ratitude should be given in appreciation of services with the city.
Councilman Swietzer stated that the city water department h1:id an ol.d pick up thClt should be
junked. C;uncilman Carter made a motion seconded by Councilman Ruby that the pick up be decl1:ired
surplus. Motion carried.
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City Attorney Abraham said that he and the Fire Chief' had met with the planning commission on
bui1din and fire prevention codes, and informed the council to be prepared f'or a call f'rom the
planning commission chairman to meet with the planning, comnission to get the codes worked out
that would be suitable f'or the city of' Port Townsend.
Councilman Ruby said that he had been contacted by the ~lks Golf' club to see if the watering
hOllS could be changed. Mayor Sullivan referred the request to the Water Supt.
Field Engineer Walker of' the sewer project spoke before the council and stated that he hoped
that they would be through with work in the down down area in about f'ive weeks.
ivlayor Sullivan reminded the council that the forest service was having a tour of' the water
sheds either on the 27th or 29th of June, more information would be given at a :Later date.
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ADJOURNJ/IENT
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As there was no further business to come before the council 1:it this time it Was moved by
Councilman Carter seconded by Councilman Siebenbaum that the meeting do now Cldjourn. Motion
carried.
'¡AyaH ~ h~~~
At tes t : J a~ ?ftfl'~
C erk
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