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HomeMy WebLinkAbout01/18/1972 364 MINUTES OF THE REGULAR SESSION OF JANUARY 4 1972 CONTI~UED ---------'---~ -- --- ---------- .. __n -_. h .--<".--- _.._-..-------- -_-____n____.._----- ----------______L______-~---------~_._------- ~~------._------'-'~- ----.._-- ----------- - .. -- -.. - ----- --~-------'------'-"--"--"--------------------"----~" It was moved by Councilman Lindsey seconded by Councilman Hoglund that the first reading plus the addition be considered the second reading and ~he third reading be by title only. Motion carried. 8 Ordinance No. 1633 was again read for the third time by title ohly and it was moved by Councilman LL~iàe~ seconded by Councilman Hoglund that Ord. No. 1633 be now adopted. Motion carried. CALL FOR BIDS The City Clerk asked the council for authorization to call for bids for the citys requirements for fuel for the year 1972, bids to be opened Jan. 18,1972. It was moved by Councilman Hoglund seconded by Councilman Camfield that the city clerk be authorized to call for bids. Motion carried. CALL FOR BIES I The City Clerk asked the council for authorization to call for bids ~or a 1972 4-door sedan for the Police Department. Biàs~to~be~Qpeped Feb. 1, 1972. It was moved by Councilman Hoglund seconded by Councilman Camfield that the City Clerk be authorized to call for bids. Motion carried. Mayor Smith said that Councilman Judy had to work tonight and is also going on an extended vacation, in all he will miss three council meetings, and the record should show that these are excused meetings. Councilman Steve made a motion seconded by Councilman Hoglûhd that the three missed meetings be authorized. Motion carried. I Councilman Steve announced that Monday Jan. 10th at one o'clock he would like to have all city e~ployees with the exception of office force be in the council chambers at that time. ADJOURNMENT As there was no further business to come before the council at this time, it was moved by Councilman Steve seconded by Councilman Lindsey that the meeting do now adjourn. Motion carried. 8 MAYOR Att~st: City Clerk MINUTES OF THE REGULAR SESSION OF JANUARY 18, 1972 In a brief ceremony before the start of the meeting, the newly elected councilmen, Robert Sahli, Merle Hufford and Don Hoglund, were sworn in and seated. The new mayor, Joseph B. Steve was also sworn in and handed the gavel by outgoing mayor Frank M. Smith. Mr. Smith was presented a gift by retiring councilman Roy: Lindsey on behalf of all city employees. Mr. Smith thanked Mr. Lindsey for his more than 18 years service to the community on the council. I The City Council of the City of Port Townsend met in regular session this 18th day of January, 1972, at 7:30 P.M., in the council chambers in City Hall. Mayor Steve presiding. ROLL CALL Officers and members present were as follows: Mayor Steve, City ~ttorney Abraham, Deputy Clerk Pedersen, Councilmen Scheyer, Hoglund, Sahli, Hufford. Councilmen Judy and Camfield absent. MINUTES OF THE PREVIOUS SESSION 8 It was moved by Councilman Hoglund, seconded by Councilman Scheyer that the minutes of the previous session be dispensed with. Motion carried. BILLS & CLAIMS The following bills and claims were presented and acted upon as follows: CURRENT EXPENSE FUND ...............Voucher No. WATER-SEIDER FUND ...................Voucher No. LIBRARY FUND .......................Voucher No. PARK FUND ..........................Voucher No. STREET FUND ........................Voucher No. GARBAGE FUND .......................Voucher No. 8780 through 8785 ............$449.33 3433 through 3435 ............ 186.28 2673 through 2675 ............ 549.65 1280 through 1281 ............ 41.92 2343 through 2348 ............ 327.37 2150 through 2152 ............ 144.61 I It was moved by Councilman Hoglund, seconed by Councilman Scheyer that the bills and claims be approved as read and the Mayor and Clerk draw warrants upon the proper funds for the payment of same. Motion carried. COMMITTEE REPORTS I The mayor referred to the old rules of the City Council adopted in 1919 and said he would abide by them unless someone could show they have been rescinded. The Mayor quoted from the Municipal Code 35A.12.090 - "Appointment or Removal of Officers and Terms" - "The Mayor shall have the power of appointment and removal of all appointed officers and employees subject to any applicable law, rule or regulation relating to civil service. The head of a department or office of city government may be authorized by the Mayor to appoint and remove subordinates from such department or office subject to any applicable civil service provisions." The mayor stated that the does not give any head of department authority to hire or remove any employee of the City without first submitting a recommendation to the Mayor and the Mayor's office taking final action on it. He stated that there is presentl~ one case pending that happened before he made his announcement. He said that it would not be discussed tonight since it is in the hands of the civil service board. 8 365 MINUTES OF THE REGULAR SESSION OF JANUARY 18, 1972, CONTINUED 8 COMMUNICATIONS . , The following communications were read and acted upon as follows: - I January 17, 1972 To: Mayor and City Council Gentlemen: We as adjoining property owners on Polk St. just off Water St. request the City to install proper storm sewers and surface this dead end street so that people wishing to park their -cars may do so. At the present time the water comes off the hill and lays in deep puddles along side the buildi~gs almost prohibiting off parking. Since we took over our building which housed an old garage with its broken windows and delapitated condition, we have put a lot of money revamping it into a modern department store inhancing its value and increasing its tax structure to the benefit of the county and city. During this time the city has not spent any money in improving our street and if the City doesn't start makingimp~ovements in its streets and general appearance we are going to have a hard time holding the business here in Port Townsend with two-major super discount houses coming into the area between Port Angeles and Sequim. These discount stores plan on taking all the business on the Olympic Peninsula or else they can't operate. If we don't get on the ball-here in Port Townsend we are dead. , ; I /s/ Roy J. Bergstrom Bergstrom's The Mayor referred this request to the Street Supt. for recommendation. . January 18, 1972 Members of the City Council Subject: Location of City Equipment Barn . . , 8 Attached find a copy of a letter which I sent to Mr. C. Mark Smiht, Regional Directo~, Dept. of Economic Development, U.S. Dept. of Commerce with regard to the subject location. You will note that I made a personal visit to the Seattle of~ice on Thursday', Jan. 6th, 1972. This was prior to the announcement on Saturday evening, Jan. 8th, by Mr. Jim Dooliver regarding the possibility of a convention complex at Fort Worden. 1 Such a valuable and needed addition to the economic status of Port Townsend makes it all the more -doubtful that the Cherry street location would be a satisfactory site for this facility. I wish to call to your attention, a portion of the zoning code, section 2.7Ei, which defines a public utility with special reference to the phrase "paid for directly b~ the recipisnts thereof." Also section 4.07, which calls for submission to the Planning Commission and a public hearing on site development plans for public and quasi-public buildings even in P-l zone areas. Under the tables on page 8, under garages for storaqe only would not apply because this building is also going to be a service and repair facility which is not allowed in R-l zone in thE! table. There are many other aspects of the zoning code that would also prohibit this construction without a publi c hearing. In view of the weight of this matter I urge you to comply wï th the code and 'have the public hearing. I /s/ Charles E. Wallin Also read was a copy of his letter to Mr. C. Mark Smith. City Attorney for study. A summary of the Port Townsend Fire Department's activities for the the year 1971 reflected one of the highest fire losses in some years for severe fires in dwellings and one commercial establishment. A full-time and the lease on the 1250 GPM Pumper which was put in service in July,of Mayor Steve referred both letters to the year 1971 was read. It stated that the City. This was due to several Fire Chief was appointed this year 1965 wa~; pard off this year. The following petition was read: PETITION FOR ALLEY VACATION TO THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON: 8 The petitioners, EMIL A. NELSON and EDNA NELSON, husband and wife, being owenersof all lands adjacent to and abutting the portion of City alley hereinafter mentioned, hereby respectfully EB~~HB petition and request that the City Council, after due notice given and hearing had, vacate All of the alley in Block 26 of D.C. Hastings Addition to Port TownsenD, Washington, as per plat recorded in Volume 1 of Plats, page 93. /s/ Emil A. Ne Ison Edna Nelson , A hearing date was set for February 15, 1972. I Board of Adjustment Ci ty of Port Townsend' January 17, 1972 Gentlemen: It is my desire and plan to put an addition on my home at 1130 Cherry Street. Our plans call for an addition that will put our house within seventeen feet of Cherry Street, the strE!et that fronts our house. We feel it a necessity to expand in that direction in order to get the room we need and obtain'the maximum in good looks of the house. If the plan is to be modified for the required set-back it would place the master bedroom door over a stairwell and make it necessary to draw up a whole new set of plans. Your attention to this request will be greatly appreciated. /s/ Donald ill. Rosbach I A hearing date was set for February 15, 1972. The Mayor requested the council to elect a Mayor pro-tem and also to appoint: a councilman to fill the seat that he left vacant without too much delay. Councilman Scheyer nominated Councilman Hoglund as Mayor pro-tem. It was seconded by Councilman Hufford and passed. The Mayor'announced his committee appointments for 1972 as follows: -- Finance: Hoglund, chrm. Hufiford Judy, chrm. Camfield Police & License: Camfield, Chrm. Hufford Hoglund Legislation: --------- ,Chrm. Scheyer Sahli 8 Water: Street & Sewer: Hufford, chrm. Judy Hoglund Buil ding: Sahli, Chrm. Scheyer Judy -. . , Fire & Light: Scheyer, Chrm. Sahli Camfield 366 mINUTES OF THE REGULAR SESSION OF JANUARY 18, 1972, CONTINUED ---- - ----- --------- - ------ - --- ..-.--..------------.- - - -----. --.--- -- -- -- ---.-.- ---_._----------------------~----- --.--- - - --._--- --- -- -- '-------- '_on_-----.-.----- -.----------------------------..--- ---.-.---------------. The mayor then declared a recess from the regular order of business and invited the audiance to speack to anything they wanted. Questions were asked about the dismissal of John Doubek from the Police Dept. The City Attorney stated that the city council has no jurisdiction in this procedure and shouldn't prejudice the rights of the officer by publizing it or pre-judging the case since it is a civil service matter. He then returned to the regular order of business. 8 BID OPENINGS The bids to supply the city with fuel were opened and were as follows: Chevron Chevron Chevron Chevron Chevron Supreme gasoline: gasoline: diesel fuel: heating fuel-:#2 heating fuel #1 ..259 .229 .135 .135 .154 I Standard Oil of California: mobil Oil Corporation mobil mobil mobil mobil mobil premium: regular diesel fuel heating oil #1 heating oil #2 .2655 .2355 .137 .1568 .137 I Bud Ammeter Oil Co. Diesel fuel and furnance ~il: Stove oil: .141 .161 Harper Oil Company 8 Shell Super Shell She 11 Sheel gasoline Shell gasoline stove oil furnance oil dieseline .224 .251 .148 .129 .129 It was moved by Councilman Hoglund, seconded by Councilman Scheyer that Harper Oil Company be awarded the contract for gasoline for 1972. motion carried. It was moved by councilman Hoglund, seconded by Councilman Hufford that Harper Oil Company be awarded the contract for diesel fuel and furnance oil. motion carried. OLD BUSINESS I The following memorandum was read in regard td the request or the medical Building for a variance from the Zoning Code: To: The Board of Adjustment, City of Port Townsend From: Roger S. French, Sr., City Engineer, and Glenn ~braham, City Attorney - The undersigned have examined the matter of the aoning boundary between Washington and Water Streets as it relates to the Petition for Variance filed by the various doctors at the Port Townsend Medical Building. Our investigation was initiated when the Board of ~djustment found uncertainty with regard to the precise location of the zoning boundary, and i~ the interpretation of the loming Ordinance with regard thereto. We have found the following: 1. We find that the zoning boundary, when scaled on the official zoming maps, extends in a northeast- southwest direction across Block 38 of the Original Townsite, which is the block in question, and that it lies 23 feet Northwesterly of the Southeasterly boundary of Lots 2, 4, 6 and 8 in the block. In other words, all of the petitioning clinic's property lies in the C-III zone, and the Southeasterly 23 feet of the neighboring objector's property is also included within the C-III zone. In arriving at this measurement, the measurement was taken from the center of the rather broad boundary marking on the official map, rather than from one side or the other of the marking. 2. In discussion at the first session of the public hearing on this matter, it was pointed out that Section 5.03, subsection B of the Ioing Ordinance provided that where a zoning boundary line divided a lot in single ownership the district requirement for the least restricted portion of such lot would be deemed to apply to the whole. At this time, it appears unnecessary to apply or give reference to the section of the ordinance, and it is mentioned here only for the purpose of disposing of comments made at the hearing. 3. It is apparent, from the foregoing, that the building comtemplated to be built by petitioners for variance would necessarily lie 23 feet from the C-III boundary without any setback whatsoever. Thus, if the petitioners for variance effect a setback of two feet or more from the Northwest boundary of the property, they will be in compliance with the ordinance in that a 25-foot setback from the nearby residential zone is accomplished. 4. It will be noted that the original petition for variance requested would have violated the ordinance, and a variance was therefore in order. Petitioners thereafter, by letter, amended the petition to request that the setback be allowed at five feet from the boundary. Actually, no variance is required if petitioners are going to observe the five foot setback, but in view of the original request for construction wi~hin one foot of the boundary, it would seem proper, if the Board of Adjustment determines that such is appropriate, that the petition in its original form be granted on condition that a five-foot setback be observed. It would appear that petitioners can proceed, in any case, with or without a variance, if they observe at least a two-foot setback on their premises. 5. The petition for variance also makes certain requests with regard to parking spaced, but that question has not been referred to the undersigned, so we make no comment on it at this time. 8 I I /s/ Roger S. French, Sr. Glenn Abraham Roger French stated no action need be taken on the setback request but a variance for the parking requirements womld be required. Since Councilman Scheyer has disqualified himself on taking action on this matter, there was no quorum present and the request was tabled until the next meeting. 8 SIDE SEWER PETITION A petition for a Side-Sewer Contractor's License with bond from H. J. Carroll was presented. It was moved by Councilman Hoglund, seconded by Councilman Scheyer that the petition be granted. motion carried. B-ß1' MINUTES OF THE REGULAR SESS1ION JANUARY,18~ 1972, CONTINUE~ - 8 NEill BUSINESS Under new business the following ordinance was presented and acted upon as follows:- ORDINANCE NO. 1634 AN ORDINANCE ENACTING AND PROVIDING RULES OF THE ROAD FOR CITY STREETS, BY THE ADOPTION BY REFER- ENCE OF THÈ STATE OF WASHINGTON RULES OF THE ROAD. I It was moved by Councilman Hoglund, seconded by Councilman Scheyer that the first reading be considered the second reading and the third readiñg by title. only. Motion carried. Ordinënce No. 1634 was again read for the third time by title only and it was moved by Councilman Hoglund, seconded by Councilman-Scheyer that Ordinance No. 1634 be now adopted. Motion carried. - The following ordinance was presented and acted-upon az follows: ORDINANCE NO. 1635 I AN ORDINANCE ENACTING AND PROVIDING A CRIMINAL CODE FOR THE CITY OF PORT TOWNSEND, DEFINING OFFENSES AND- ENACTING REGULATIONS FOR THE PRESERVATION OF THE PRO- TECTION OF THE PUBLIC PEACE, HEALTH, WELFARE AND PROPERTY, AND PROVIDING PENALTIES THEREFORE. It was moved by Councilman Scheyer, seconded by Councilman Hufford -that the first reading be considered the second reading and the third reading by title only. Motion carried. Ordinance N~. 1635 was again read' for the third time by title only and it was moved by Councilman Scheyer, seconded by 'Councilman Hoglund that Ordinance No. 1635 be now adopted. Motion ~~~~ carried. - 8 ADJOURNMENT As there was no further business to come before the council at this time, it .was moved by CoUncilman Scheyer, seconded by Councilman Hoglund that the meeting do now djo rn. Motion carried.- . - .i~ AtteSbO~~ fi,.Q~ Deputy Cit~ lerk I MINUTES OF THE REGULAR' SESSION~FEBRUARY 1, 1972 The City Council of the. City of Port Townsend met in regular session this ls;t day of February, 1972, at 7:30 P.M., in the council chambers in City Hall, Mayor Steve presiding. . ROLL CALL . Officers and members present were as follows: Mayor Steve, City Attorney-Abraham, Deputy City Clerk Pedersen, Councilmen Scheyer, Hoglund, Camfield, Sahli, Hufford. Councilman Judy absent. MINUTES OF THE PREVIOUS SESSION 8 It was moved by Councilman Camfield, seconded by Councilman Hufford that thE! minutes of the pr~vious sess~on- be- dispensed with. Motion carrie~. BILLS & CLAIMS The following bills~and claims were presented and acted upon as follows: I CURRENT EXPENSE FUND..............V9ucher No. WATER-SEWER FUND..... .............Voucher No. LIBRARY FUND......................Voucher No. PARK FUND..........~..............Voucher No. STREET FUND.......................Voucher No. GARBAGE_FUND..........~...........Voucher No. FIREMEN's RELIEF & PENSION........Voucher No. 8786 through 3436 through 2676 through 1282 through 2349 through 2153 through 379 through 88~O............"$15,570.7i 3468............~ 6,466.57. 2677......~.....~ 2,137.40 1292............~ 868.83 2379............~ 5,634.19 2155............~ 2~353.78 381............. 385.88 It was moved by Councilman Hoglund, seconded by Councilman Camfield that thl3 bills and claims be approved as read and the Mayor and Clerk draw warrants upon the proper funds for the p~yml3nt of same. Motion carried. - COMMITTEE REPORTS - I Mayor Steve requested that the council be prepared-at the next meeting to nvminate and elect someone to fill the vacant council seat~ COMMUNICATIONS , The follòwing communications were presented and acted upon as follows: Jan. 27, 1972 Honorable Frank M. Smith Subject: EDA Project No. 07-11-00779, City öf Port Townsend, Washingto~ 8 Dear Mayor Simth: We have received the attached letter from Mr. Wallin, a resident of your City. His le~ter raises some questions regarding zoning and/or the legality of the re-zoning. ilie luould apprec~ate clar- ification on this matte~. If there are any questions, please do not hesitate to call. Sincerely, /5/ Donald L. Gould, Açting Chief Pu~lic Works Division, Economic Development Administration . .