HomeMy WebLinkAboutMinutes 02/03/1981
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CITY COUNCIL MEETING
Port Angeles, Washington
February 3, 19B1
I CALL TO ORDER
The meeting was called to order by Mayor Haguewood at 7:00 P.M.
II
ROLL CALL
Members Present: Mayor Haguewood, Councilmen Boardman, Buck, Duncan, Hordyk,
polhamus, Quast.
Members Absent:
None.
Staff Present:
Manager Flodstrom, Attorney Miller, Deputy Clerk Headrick.
R. Orton, M. Cleland, J. Pittis, D. Frizzell, K. Rodocker,
L. Glenn, P. Carr, F. Fischer, R. French.
Public Present:
E. Solleder, L.. Bennett, D. & R. Kingery, G. Velie, C.
Ohmert, H. Pollard, E. Naddy, M. Terrill, D. Smith, G.
Gleason, B. Lindberg, G. Bower, Mr. & Mrs. I. Ranta, Mr.
& Mrs. R. Carlson, L. Roline, T. Sterner, J. Podlesny, S.
Witt, H. Frazer, H. Dubigk, K. Swingle, B. Lyons, J. Leckie,
B. Abrams, C. Gau, R. Avery,. W. Hatch, C. Turner, E. Tinkham,
E. Ranta, J. Boyce, S. Kernes, J. Dinan, D. Salonen, M. Boe,
Mr. & Mrs. .J. Nicholas, B. Boyd, D. Feeley, K. Williams.
III MINUTES
Councilman Buck moved the Council accept and place on file as received the
minutes of the January 20, 19B1 regular Council meeting. The motion was
seconded by Councilman Hordyk and carried.
Councilman Buck moved the Council accept and place on file as received the
minutes of the January 21, 1981 special Council meeting.. The motion was
seconded by Councilman Hordyk and carried.
IV ITEMS FROM THE AUDIENCE NOT ON THE AGENDA
Ms. Margaret Crawford, representing the League of Women Voters, addressed the
Council in regard to Agenda Item #13, Planning Commission Appointment. Ms.
Crawford read a statement to the Council expressing the League's concerns re-
garding recruitment and appointment procedures for vacancies on City boards and
Commissions, and diversity in the membership of the boards, especially the
Planning Commission. Ms. Karen Swingle, representing the Nat{onal Organization
for Women ("N.O.W.") also expressed her concern that there are presently no
women members on the Planning~ission, and requested that N.O.W. be notified
of all future board and commission vacancies. Ms. Eleanor Nattie" representing
the Business and Professional Women, also commented on the need to encourage
newcomers to the City to become more active in City and County government.
V ITEMS FROM THE COUNCIL NOT ON THE AGENDA
Councilman Hordyk informed the representative from N.O.W. that City board and
commission vacancies are published in the local newspapers ,and advertised over
the local radio stations, therefore no further, or special, notification to the
public is necessary.
Councilman Quast noted that Agenda Item #lB will be continued, per Mr. Austin's
request, and moved that Agenda Item #16 (Letters from Gordon Conger and Tom
Kryzer establishing Jim Hodge's authority to sign Northern Tier/City agree-
ments) be advanced to the #lB agenda position, in order to insure discussion of
that matter before 10:00 P.M. The motion was seconded by Councilman Duncan and
carried with Councilman Hordyk voting "NO."
VI LEGISLATION
1. PUBLIC HEARINGS
A. Rezone Request: Dubigk, et al.
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CITY COUNCIL MEETING
February 3, 1981
31.
VI LEGISLATION
1. Cont.
Prior to any Council consideration or action on this matter, Councilman
Boardman left the Council Chambers, due to a conflict of interest.
Mayor Haguewood opened the public hearing on the Dubigk, et al petition
to rezone 63,000 square feet from CAD to RMF, located on the south side
of Front Street between Peabody and Vine Streets, and requested com-
ments or questions from the audience or staff. Attorney Gary velie,
representing the applicant, was present to explain the reasons behind
the proposed rezone. Mr. Velie pointed out that the subject property
is being assessed at a very high value because of the present Commer-
cial Zone, and the structure values are assessed very low; the only
access to the lots is through a 20 foot alley; the commercial zone
restricts maintenance and/or improvements to the existing homes; and
the area is undesirable for commercial development because of inade-
quate parking and the heavy water flow along the entire bank all year
long. Mr. Velie also pointed out that the present residents have
accupied their houses for many years and will continue to do so. There
were no further comments and the pUblic hearing was closed.
Councilman Buck then moved the Council concur with the recommendation
of the Planning Commission and approve the rezone request because: (1)
the proposed rezone complies with the Multi-Family Residential policies'
of the Comprehensive Plan; (2) the present residential uses have not
weakened the CAD Zone, therefore, the requested down-zone would not
weaken it; (3) residential uses may strengthen the CAD Zone; and (4)
there are site specific topography conditions which make the area less
desirable for commercial use. The motion was seconded by councilman
Duncan. During discussion on the motion, Councilman Hordyk and planner
Carr briefly discussed maintenance and improvements to the existing
homes and whether a home could be rebuilt if damaged by fire, etc.
since it is pre-existing. Councilman PolhamUS also pointed out that
some property owners in this area have purchased property through to
First Street because of the Commercial zone; those property owners
should be considered also. On call for the question, the motion passed
with Councilmen Hordyk and polhamus voting "NO."
Mayor Haguewood then introduced and read by title Ordinance No. 2124
entitled,
Ordinance No. 2124
AN ORDINANCE of the City of Port Angeles re-
class~fying property on the south side of
Front Street, between peabody and vine
Streets, from CAD to RMF.
Councilman Quast moved the Council adopt the foregoing Ordinance as
read by title by Mayor Haguewood. The motion was seconded by Council-
man Polhamus and carried with Councilman Hordyk voting "NO."
Councilman Boardman then returned to the Council Chambers.
B. Rezone Request: Austin
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Councilman Quast moved the Council table this agenda
February l7, 1981 meeting, per Mr. Austin's request.
seconded by Councilman Buck and carried.
item to the
The motion was
Pursuant to the motion previously made by Councilman Quast, Agenda Item No.
16 was advanced to this position on the Agenda for discussion by the
Council.
B. Northern Tier Letters re Jim Hodge
Mayor Haguewood read a letter to Attorney Miller from Mr. Gordon Conger,
of the law firm Preston, Thorgrimson, Ellis and Holman, submitting copies
of pages 9 and 10 of the current by-laws of the Northern Tier pipeline
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CITY COUNCIL MEETING
February 3, 1981
VI LEGISLATION
1. Cont.
Company. Mr. Conger pointed .out that they are ". . . quite standard in
form and clear in establishing the authority of the President to sign
contracts, perform all duties of corporate president, and delegate
duties to vice presidents."
Mayor Haguewood also read a letter to the Council from Mr. T. C. Kryzer,
President of Northern Tier pipeline Company, which stated "This is to I
reconfirm, as per Cortlandt Dietler's letter of December 12, 1980, that
Jim Hodge, as an officer of the corporation, is authorized to sign stipu-
lations with the City of Port Angeles on behalf of the Northern Tier
Pipeline Company."
Following a recommendation from Attorney Miller to accept the letters
since they satisy the legal question he raised as to the authority of
Jim Hodge to sign stipulations for Northern Tier, Councilman Quast
moved to accept the letter from Gordon Conger and T. C. Kryzer and place
the Transportation position paper on the next Council agenda for a public
hearing and authorize staff level negotiations to begin. The motion
was seconded by Councilman Polhamus. During discussion on the motion,
Councilman Quast referred to a statement attributed to Bill Sage that
he had dismissed the City's request for these documents as "insincere."
Councilman Quast attempted to "set the record straight" on the delay
in the negotiations by briefly reviewing the City's many requests for
the documents and Northern Tier's failure to respond. Councilman Duncan
also pointed out that the signed stipulations before EFSEC and also
considered contracts between the City and Northern Tier and can be
enforced as contracts. On call for the question, the motion was passed
unanimously by the Council.
2. PLANNING COMMISSION MINUTES
Councilman Hordyk moved the council accept and place on file as received I.
the Planning Commission minutes of January 28, 1981. The motion was
seconded by Councilman Buck and carried.
3. PLANNING COMMISSION ITEMS
A. parking variance: Terrill
Mayor Haguewood read a letter from the applicant, Ms. Terrill, informing
the Council of her amended proposal. Ms. Terrill now proposes not to
purchase and expand into the barber shop next door, but to expand the
restaurant down into the basement and have apartments on the upper floor.
Following a brief explanation from planner Carr on the alterations pro-
posed, Councilman Buck moved to refer Ms. Terrill's amended proposal
back to the Planning Commission for a recommendation. The motion was
seconded by Councilman Boardman and carried.
B. Conditional Use Permit: Clallam County Hostelries
Councilman Quast moved the Council take this agenda item from the table.
The motion was seconded by Councilman Hordyk and carried.
Councilman Buckmoved.the Council concur with the recommendation of the
Planning Commission and approve Clallam County Hostelries' request for 1_
a conditional use permit to establish and operate a group home for de-
velopmentally disabled adults, located on the southeast corner of Hazel
Street and .Fairmount Avenue, because: (l) the use complies with the
intent of the RS-7 District; (2) the use complies with the Compre-
hensive Plan; (3) with the conditions (stated below) the use can be
compatible with the immediate neighborhood; and (4) the impact upon
public utilities and facilities is similar to that of a single-family
residential development. The conditional use permit would also be
subject to the following conditions: (A) that 25-foot setbacks be
maintained adjacent to the Fairmount Avenue and Hazel Street
CITY COUNCIL MEETING
February 3, 1981
33
VI LEGISLATION
3.
Cont.
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rights-of-way, and at least 20 feet be maintained from the south prop-
erty line; (B) that the natural trees be retained to the maximum extent
possible, and additional landscaping be provided on the east property
line, and that the landscaping plan be submitted to the Planning De-
partment; (C) that the sewer be extended from the Spruce/Hazel alley'at
Euclid Street to serve this site by gravity or some other diversion,
subject to the approval of the Public Works Department; (D) that the
Hazel Street, Fairmount Avenue and alley rights-of-way adjacent to the
parcel be rededicated; (E) that the off-street parking area be improved
as required by Ordinance No. l588, as amended, and pursuant to the site
, plan as submitted; and (F) that no occupancy be permitted until the
water problem has been solved. The motion was seconded by Councilman
BOardman.
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During discussion on the motion to approve the conditional use permit,
Councilman Hordyk spoke against the proposed location because of the
lack of sidewalks and the number of arterials which must be crossed.
Councilman Polhamus agreed with Councilman Hordyk in that he felt it
was a very poor piece of property for this use. Councilman Quast, who
viewed the proposed location with councilman Polhamus, also commented
on the poor street conditions, the absence of sidewalks, and the inad-
equate right-of-way on Hazel and Madrona Streets. Gary Gleason, Clallam
county Hostelries, then gave a lengthy explanation on why this property
was acceptable. Mr. Gleason also explained why it was not feasible to
expand the present group home facility. Ms. Sharon Witt spoke in favor
on the motion to approve, painting out the need for the developmentally
disabled to live in this type of rural/residential neighborhood. Council-
man Polhamus then stressed that most of the people residing in the
proposed group home location did not object to the type of facility,
only the location.
On called vote, Councilmen Boardman, Buck and Duncan voted "AYE" with
Councilmen Hordyk, Polhamus and Quast voting "NO." Mayor Haguewood,
voting to' break the tie, voted "AYE" and 'the motion carried.
4.
CITY/COUNTY JAIL AGREEMENT
Prior to any discussion on this matter, Mayor Haguewood introduced Mayor
James Dinan and Police Chief Don Salonen from the City of Sequim.
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County Commissioner Dick Lotzgesell submitted the County's latest proposal
on Section 2 of the City/county Jail Agreement (prisoner Confinement Daily
Fee). The' city also SUbmitted their latest proposal, which was similar in
content to the county's, the main difference being the Arbitration Board
and who would be appointed to that Board. After lengthy arguements by both
parties and several suggested amendments, the Council and County Commissioners
agreed on the following major points: (1) the City will pay to the County
$23.00 per prisoner per day until August 1, 1981; (2) after August I, 1981,
the City will pay a fee based upon a method of fee calculation to be deter-
mined within the next four months; (3) if, at the end of four months, the
city and County officials cannot agree on a method of calculation, both
parties will enter into arbitration; (4) the three-member Arbitration Board
will consist of a City Council member, a member of the Clallam County Board
of Commissioners, and a third person appointed by the other two members;
and (5) the decision of the Arbitration Board shall be rendered prior to
August 1, 1981 and that decision will be binding. The council and County
also agreed on a Memorandum of Agreement on sections C(2) and (3) of the
City's proposal as follows: C(2) residents of the cities of Forks, sequim
and Port Angeles are residents of Clallam County and provide some financial
support to the operation and maintenance of the Clallam County Jail; and
C(3) if Clallam County receives revenue for the housing of prisoners from
another governmental entity, then a reduction in the rate charged the
cities of Forks, Sequim and Port Angeles shall be considered.
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CITY COUNCIL MEETING
February 3, 1981
VI LEGISLATION
4. Cont.
After agreement by both parties on several other minor points, Councilman
Quast moved the Council accept the amalgamated version of the City's and
County's proposal as amended. The motion was seocnded by Councilman Buck
and carried.
The County Commissioners then also made a motion and approved the amalga-. I
mated proposals as amended.
5. CZM GRANT: TRANS-MOUNTAIN PIPELINE PROJECT
Mayor Haguewood read a letter from the Clallam County Commissioners in-
forming the Council that the County had recently received CZM grants from
the Department of Energy totaling $125,000 to study the impacts of the
Trans Mountain Pipeline Company project at Low Point. The grant contract
with DOE requires the County to provide a $12,376 match for in-kind services
or cash, and the County is requesting the City provide funds equal to 50%
of the County's match, or $6,188.
The Council, County Commissioners and County planner Jim Falk then dis-
cussed the work done by City staff on the Northern Tier Fiscal Impact
Study, and whether staff would have the time for an additional project; the
timetable for Northern Tier and Trans Mountain hearings, which may be
simultaneous; possible audit problems with the City spending money on a
project which is outside the corporate city limits; County negotiations
with Trans Mountain; and an explanation of the grant received by the
County.
Councilman Quast then moved the City provide to the County in-kind services
or cash funds equal to 50% of the County's match for the CZM grant, or
$6,188.00. The motion was seconded by Councilman Polhamus and carried.
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6.
PUBLIC DEVELOPMENT AUTHORITY: ORDINApCE
Mayor Haguewood introduced and read by title Ordinance No. 2125 entitled,
Ordinance No. 2125
AN ORDINANCE of the City of Port Angeles authorizing
and providing for the establishment, organization,
and operation of public corporations to implement
RCW 35.2l.725 through .755, as now enacted or here-
after amended; specifying certain powers, authority,
and limitations for such corporations; providing for
control and supervision of the corporation by the City;
preventing recourse to the assets, credit or services
of the City on account of any debts, obligations or
liabilities of such public corporation, and providing
procedures for operation of such corporation.
Councilman Hordyk moved the Council adopt the foregoing Ordinance as read
by title by Mayor Haguewood. The motion was seconded by Councilman Buck
and carried unanimously.
7. SOLID WASTE RATES: ORDINANCE
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Mayor Haguewood read a memorandum from Finance Director Orton explaining
the impact on the Solid Waste Utility through an "in-lieu" tax. The Solid
Waste operation is the only utility which does not have this tax. The
present tax rate is 5% of gross receipts and, if charged Solid Waste, would
generate revenue of $28,500 to the General Fund over a period of 12 months.
If the Council chases to implement a tax, while keeping the $4.00 residential
rate intact (as per Councilmen Quast's motion of January 6, 1981) the City
could do so by leaving the large container commercial rates at their present
level ($27.70) and adjusting them to cost-based rates over the next several
years.
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CITY COUNCIL MEETING
February J, 1981
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VI LEGISLATION
7. Cont.
Mayor Haguewood then introduced and read by title Ordinance No. 2126
entitled,
Ordinance No. 2126
AN ORDINANCE of the City of Port Angeles establishing
solid waste collection fees, imposing an in lieu tax
to the solid waste utility, amendin~ Section~of
Ordinance 1327, Ordinance 1851, and Section 8.12.040
of the Port Angeles Municipal Code; repealing section
13 of Ordinance l327 and Section 8.12.050 of the Port
Angeles Municipal Code, and adding, a new chapter and
section to Title 3 of the Port Angeles Municipal Code.
Councilman Buck moved the Council adopt the foregoing Ordinance as read
by title by Mayor Haguewood. The motion was seconded by Councilman Quast.
During discussion on the motion, Councilman Polhamus objected to the
residential rate increase of $1.85 to $4.00; he would prefer a more
moderate increase. The Council Alsodiscussed consideration of costs
involved for people who recycle their garbage. On call for the question,
the motion passed with Councilman polhamus voting "NO."
8. METHODS OF FUNDING RENOVATION OF VERN BURTON MEMORIAL COMMUNITY CENTER
During the January 20, 1981 regular Council meeting, the Council directed
staff to expand on an option for financing the Convention Center. That
option suggested a combination of accumulated hotel/motel tax revenues and
a bond issue serviced by the annual hotel/motel tax receipts.
At this meeting, Finance Director Orton briefly summarized his memorandum
to the Council which analyzed this option. Mr. Orton calculated the maxi-
mum bond issue which all of the annual tax receipts could support ($455,000 -
$485,000); the 1981 funds for maintenance, operation and promotion ($62,600);
and funds available for construction ($755,500). Mr. Orton also contacted
the managers of the Yakima, Spokane and Wenatchee convention centers and
advised the Council on how those centers are operated, funded and capitalized
on.
Following Mr. Orton's presentation, Councilman Quast moved that the City
commit'itself to the funding for 'the renovation of the Vern Burton Memorial
Community Center subject to future methodology to be determined after the
consultant interviews. The motion was seconded by Councilman Duncan and
carried.
9. LETTER FROM J. FRAIOLI RE MORSE CREEK WATERSHED PROPERTY
Mayor Haguewood read a letter from Mr. James Fraioli offering the City
first right of refusal on his property which is located in the Morse Creek
watershed area. Mr. Fraioli has received a cash offer of $460,000 for the
property, arid per an agreement between the City and Mr. Fraioli, he must
first offer the city the right of first refusal.
During discussion on Mr. Fraioli's offer Councilman Hordyk suggested a map
of the area to show the Council members the exact location of the property
in relation to Morse Creek. Councilman Polhamus then suggested a tour of
the area. Following further comments regarding the agreement between the
City and Mr. Fraioli, the Council agreed to place this item on the February
17th agenda in order to give the Council adequate time to tour the area in
question.
lO. PUD WHOLESALE WATER CONTRACT
Councilman Polhamus moved the Council authorize Mayor Haguewood to sign the
renewal of the City!PUD Wholesale Water Contract No. 810201. The motion
,was seconded by Councilman Quast and carried.
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CITY COUNCIL MEETING
February 3, 1981
VI LEGISLATION
11. SAFEWAY UTILITY EASEMENT
Councilman Hordyk moved the Council concur with the recommendation of Light
Department Chief Engineer Richard French and execute the utility easement
between Safeway Stores and the City for an electrical underground and
overhead line. The motion was seconded by Councilman Quast and carried.
12. IMPROVEMENTS TO ALDER STREET
Manager Flodstrom informed the Council that staff had recently received
additional information on the site plan for the new Alder Street branch of
Seattle-First National Bank, and suggested the Real Estate Committee
review this additional information before proceeding further on this
matter. Councilman Quast then moved the Council refer this matter to the
Real Estate Committee for a recommendation. The motion was seconded by
Councilman Polhamus and carried.
l3. PLANNING COMMISSION APPOINTMENT
Prior to the January 20, 1981 regular Council meeting, the Council inter-
viewed three candidates for the vacant position on the Planning Commission.
Those applicants were Todd Holm, James Hulett, and Jean Thompson.
At this meeting, ballots were passed out and each Council member voted for
their choice. Mrs. Jean Thompson received the most votes and was appointed
to the Planning Commission effective March 1, 1981. Councilman Quast then
moved that Mr. James Hulett's name be retained on a waiting list so that
the next time an opening would occur he would be automatically considered
first. The motion was seconded by Councilman Hordyk and carried.
14. PROCLAMATION
Mayor Haguewood read a Proclamation proclaiming February, 1981 as AMERICAN 1-
HISTORY MONTH.
l5. KENTON LEE LAWSUIT
Mayor Haguewood read a memorandum from Attorney Miller informing the
Council that the insurance company which had previously been defending the
City in the Kenton Lee versus City lawsuit has gone into receivership and
will no longer be able to defend cases. Attorney Miller recommended the
Council retain Chet Walrath to defend the City in this case. as he did
previosly due to a conflict of interest for Attorney Miller.
Councilman Buck then moved the Council retain attorney Chet walrath to
defend the City in the Kenton Lee versus City lawsuit. The motion was
seconded by Councilman Hordyk and carried.
16. NORTHERN TIER LETTERS RE JIM HODGE
(See Legislation No. l(B) for the Council action on this matter.)
VII ITEMS FROM THE AUDIENCE NOT ON THE AGENDA
None.
VIII FINANCE
None.
IX LATE ITEMS
Manager Flodstrom: Submitted a list of City Board and Commission members and
the expiration dates of their terms. Informed the Council of an AWC meeting on
February 19th for City representatives to meet and talk with representatives
from the Legislature. Reminded the Council of the special meeting February 4th
for the purpose of interviewing consultants for the renovation of the Vern
Burton Memorial Community Center. Informed the Council that he has obtained a
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CITY COUNCIL MEETING
February 3, 1981
3.T,
IX LATE ITEMS
copy of the KOMO TV series done on the Northern Tier Pipeline Company project.
He will show the videotape to any Council members who wish to see it. Informed
the Council that the next PURPA hearing will be held February lOth in the
Council Chambers. This hearing will be on Lifeline Rates and Rate Standards.
Informed the Council of the Pollution Control hearing on February 13th in the
Council Chambers in regard to the Scandia Team. Advised the Council that the
North Olympic Health Planning Council will be holding their annual dinner on
February 26th at Birney's Restaurant.
X
CONSENT AGENDA
Councilman Hordyk moved the Council accept the items listed under the Consent
Agenda including vouchers of $509,590.3l and Payroll of $121,725.3l and $173,091.58.
The motion was seconded by Councilman Buck and carried,
XI COUNCIL/STAFF REPORTS
Mayor Haguewood: Read a letter from Leslie M. Montgomery informing the Council
that Monday, February 16th is the first day of NATIONAL PATRIOTISM WEEK.
Councilman Quast: Requested an appraisal from the Fire or Building Departments
on the building in which Ms. Terrill is making her improvements and the buildings
next to her.
Councilman Duncan: Informed the Council that the Northern Tier and Trans
Mountain hearings may be held at the same time; EFSEC has requested input from
intervenors on this matter. If any Council member has a comment, objection,
etc. she will inform EFSEC at the next hearing. Informed the Council that she
has received information that thirty-five air pollution violations had occurred
between September 1979 and September 1980. only seven of those have been
enforced with fines or other penalties. councilman Duncan then moved the
Council communicate with the county representative to the Air Pollution Conto1
Board to inquire into this matter. The motion was seconded by Councilman
Polhamus and carried.
Attorney Miller: Asked the Council to refer to U6 in the Information Packet
regarding a meeting of the Justice court Districting Committee, which is
scheduled for February 12th at the Courthouse. The Council may want to meet
with the Districting Committee to discuss the posSibility of changing the
present relationship between the County and city on the operation of Municipal
Court versus District Court which may result in some cost savings. Mayor
Haguewood and Attorney Miller will represent the City at the February 12th
meeting in order to raise the question of Municipal versus District Court.
Manager Flodstrom: Informed the Council that the City of Port Angeles employees
received a plaque at the annual United way dinner for their outstanding con-
tributions to the United way Fund Drive.
XII ADJOURNMENT TO EXECUTIVE SESSION
The meeting adjourned at 10:15 P.M. to an Executive Session.
XIII RETURN TO OPEN SESSION/ADJOURNMENT
The meeting returned to open session at 10:45 P.M. and was adjourned.
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City Clerk
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