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HomeMy WebLinkAboutMinutes 02/06/1979 130 CITY COUNCIL MEETING Port Angeles, Washington February 6, 1979 I CALL TO ORDER The meeting was called to order by Mayor Haguewood at 7:30 P.M. I II ROLL CALL Members Present: Mayor Haguewood, Councilmen Anderson, Boardman, Buck, Duncan, Hordyk, Wray. Members Absent: None. Staff Present: Manager Whorton, Attorney Miller, Deputy Clerk Caso. D. Flodstrom, P. Carr, M. Cleland, K. Rodocker, R. Orton, A. Rose, J. Honnold. Guests Present: C. Whidden, B. & H. Englund, L. Sunny, K. Williams, P. Brady, K. Greubel, D. Price, H. Berglund, T. Sample, L. Watts, D. Wood, K. Tharaldsen, C. Mogck, C. Rennie, R. Richards. III MINUTES Councilman wray moved the Council accept and place on file as received the minutes of the January 23, 1979 meeting. The motion was seconded by councilman Anderson and carried. IV LEGISLATION Prior to discussing the first item under Legislation, Mayor Haguewood I read a letter to the Council from Mr. Kenneth Watkins, in which Mr. Watkins requested the removal and relocation of the memorial plaque at Lincoln School, since that property has recently been put up for sale. This plaque, which commemorates four students who gave their lives during World War II, can perhaps be relocated at the City Park near the Senior Citizen Center. Councilman Wray then moved the Council refer this matter to Manager Whorton to take the appropriate action to remove the plaque. The motion was seconded by Councilman Anderson and carried. 1. PLANNING COMMISSION Mayor Haguewood read the minutes of the Planning Commission meeting of January 24, 1979 with the following action being taken by the Council: A. Conditional Use Permit: C. Schlosser Mayor Haguewood reopened the public hearing on Mr. Schlosser's request for a conditional use permit to operate an auto repair business as a home occupation at 535 West 16th Street, and re- quested comments or questions from the audience and staff. Attorney Ken Williams then spoke on behalf of Mr. Schlosser, pointing out that a medical disability is involved, Mr. Schlosser in his opinion does meet all twelve of the home occupation I guidelines, and the only impact upon the neighborhood would be a slight increase in traffic. Following Mr. Williams' presenta- tion, the Council heard comments from Mrs. Englund, a neighbor who opposes the business, and Mr. Schlosser. There were no further comments and the public hearing was closed. I I I CITY COUNCIL MEETING February 6. 1979 131 IV LEGISLATION 1. Cont. Councilman Boardman then moved the Council concur with the recommendation of the Planning Commission and deny Mr. Schlosser's request for a conditional use permit, because the proposed use did not meet the definition of "home occupations," it was a commercial type of venture that had aspects and impacts that were incompatible with the residential zone in which it was located, and it is obvious that Mr. Schlosser has a medical impairment but his handicap does not prevent him from going into a commercial zone. The motion was seconded by Councilman Buck and carried. B. Councilman Buck moved the Council accept and place on file the Planning Commission minutes of January 24, 1979. The motion was seconded by Councilman Boardman and carried. 2. ANNEXATION REQUEST: DELHUR, INC. Councilman Buck moved the Council refer DelHur's request to circulate an annexation petition for an area east of the Golf Course to the Planning Commission. The motion was seconded by Councilman Hordyk and carried. 3. ORDINANCE: USE OF STREET RIGHT-OF-WAY: D. WOOD During the January 23, 1979 Council meeting, the matter of ftr. Douglas Wood's request to lease or be allowed to use the street right-Of-way between Peabody and vine for parking for a miniature golf course, was referred to Manager Whorton and Attorney Miller for consideration. During this meeting, Mayor Haguewood read a memorandum from Attorney Miller stating that the City could allow a private, abutting landowner to use an unopened street right-of-way for parking purposes for private gain. However, Attorney Miller did recommend that the matter be handled by Ordinance, containing clauses making it clear that the right of use granted Mr. Wood is temporary, being subordinate to the publics right in the street, and may be cancelled or rescinded by the City at any time. Mayor Haguewood then intro- duced and read by title Ordinance No. 2013 entitled, Ordinance No. 2013 AN ORDINANCE of the City of Port Angeles, allowing use of a portion of unopened city right-of-way. Councilman Hordyk moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Council- man Duncan. During discussion on the motion, Councilman Hordyk sug- gested the. fee .in Section. Four of the proposed Ordinance be eliminated, since the fee is not required, and discussed the possibility of limiting through traffic on the street with Public Works Director Flodstrom. Councilman Buck also suggested a hold-harmless clause be included in the proposed Ordinance. On call for the question, the motion was passed unanimously by the Council. 4. TAXI RATE INCREASE REQUEST This agenda item was left on the table. 132 CITY COUNCIL MEETING February 6, 1979 IV LEGISLATION 5. TUMWATER BRIDGE PROJECT: STATUS REPORT Mayor Haguewood read a memorandum from Public Works Director Flodstrom in which he reports that the Urban Arterial Board had met and dis- cussed the City's Tumwater Bridge Project and have appointed an "ad hoc" committee to review all aspects of the bridge and the City's request for a deviation from the standard collector arterial width of 36-40 feet to a 28 foot wide bridge. The ad hoc committee will be meeting on February 13, 1979, with the full Board meeting on February 22, 1979 to make the final decision. No Council action was taken on this matter. I 6. RESOLUTION: PIER GRANT APPLICATION Mayor Haguewood introduced and read by title Resolution No. 8-79 entitled, Resolution No. 8-79 A RESOLUTION of the City Council of the City of Port Angeles authorizing and directing the City Manager to submit a grant application to the Washington State Economic Assistance Authority. Councilman Hordyk moved the Council adopt the foregoing Resolution as read by title by Mayor Haguewood. The motion was seconded by Councilman Boardman. During discussion on the motion, Manager Whorton explained that this application, in the amount of $250,000., is to supplement the bond issue for construction of portions of the Municipal Pier. On call for the question, the motion was passed by the Council. I 7. LETTER OF INTENT: MUNICIPAL PIER FUNDS Mayor Haguewood read a draft Letter of Intent from Manager Whorton to Mr. Glen Moore of the Interagency Committee for Outdoor Recreation, notifying Mr. Moore that the City of Port Angeles will be submitting a grant application for the next funding program cycle for extended facility development to the Municipal Pier and adjacent land facilities; this notice is to comply with lAC guidelines for application procedures. Councilman Boardman then moved the Council concur with the Letter of Intent and authorize Manager Whorton to send it. The motion was seconded by Councilman Anderson and carried. 8. BOARD AND COMMISSION APPOINTMENTS A. Park Board Councilman Hordyk will contact Mr. Sorenson regarding possible reappointment. B. Planning Commission Councilman Hordyk will contact Mr. Anderson regarding possible reappointment. C. Board of Adjustment I Councilman Hordyk will contact Mr. Clevenger regarding possible reappointment. D. Fair Board Councilman Wray moved the Council appoint William Easley to the Clallam County Fatr Board to fill the unexpired term of Don Frizzell whose term expires January 1, 1981. The motion was seconded by Councilman Duncan and carried. I I I CITY COUNCIL MEETING February 6, 1979 133 IV LEGISLATION 9. REQUEST FOR PERMANENT REMOVAL OF PARKING METERS Mayor Haguewood read a letter from Mr. Cal Mogck, President of the Downtown Merchants Association, recommending that the temporary on- street parking meter removal in the downtown area be made permanent. Mr. Mogck also suggested a fine structure of $1.00 for the first meter violation, $2.00 for the second and $5.00 for the third, plus an amendment to the parking meter Ordinance which would permit ticketing of violators who merely move their car ahead one space every two hours. The Council then discussed this recommendation with Manager Whorton, Police Chief Cleland, Finance Director Orton, and public Works Director Flodstrom. It was Chief Cleland's recommendation that the temporary meter'removal be extended past the summer months so that possible problems with traffic volume can be observed. Also dis- cussed was a possible liability problem from the exposed meter pipes, revenue loss from removal of the meters, and a more stringent fine structure. councilman Wray then moved the Council direct the staff to look into this matter further and bring a recommendation back to the Council. The motion was seconded by Councilman Anderson. During discussion on the motion, the Council and Police Chief Cleland discussed higher meter violation fines. On call for the question, the motion was passed by the Council. V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Mr. Leo sunny addressed the Council in regard to a recent dinner meeting which was held on the proposed Northern Tier pipeline; Mr. Sunny asked which Councilmembers were present and what they learned. VI FINANCE None. VII CONSENT AGENDA Councilman Hordyk moved the Council accept the items listed under the Consent Agenda. including Vouchers Payable of $109,062.99 and payroll of $137,239.30. The motion was seconded by Councilman Buck and carried. Items listed under the Consent Agenda are as follows: 1. Authorize payment of $149.25 and $528.94 to CH2M/Hill for engineering services on the Elwha River Water project. 2. Authorize payment of $1,008.48 and $2,908.02 to BJSS for services at Civic Field. 3. Authorize payment of $25,314.46 to Del Guzzi Construction for landscaping and completion of the electrical field lights at Civic Field. 4. Approve the Parks, Recreation and Beautification Commission minutes of January 18, 1979. 5. Notification has been received from the washington State Liquor Control Board of a transfer of license from Gordon K. Sexton to Sexton's Pizza, Inc. VIII LATE ITEMS 1. INVITATION FROM SENIOR CITIZENS Mayor Haguewood read a letter from the Goldenagers inviting the Council and City Manager to attend their 21st anniversary dinner to be held February 22, 1979 at the Senior Center. 134 CITY COUNCIL MEETING February 6, 1979 VIII LATE ITEMS 2. REQUEST FOR REVOCATION OF NEW HONG KONG DANCE LICENSE Manager Whorton informed the Council that effective February 5, 1979, Police Chief Cleland has temporarily suspended the dance license for the new Hong Kong due to a bar check February 3rd which resulted in several arrests. Attorney Miller also informed the Council that he had been in contact with the attorney repre- senting the owners of the New Hong Kong and they have requested I the matter be delayed two weeks in order to prepare a presentation to the Council; the license will remain temporarily suspended until - that time. Councilman Hordyk then moved the Council continue the temporary suspension of the New Hong Kong's dance license for two weeks. The motion was seconded by Councilman Wray and carried. VIX STAFF REPORTS 1. Councilman Wray: Commented that the power shortage situation is getting more and more serious. 2. Councilman Duncan: Discussed the use of the old Civic Field lighting at Shane Park with Manager Whorton. 3. Manager Whorton: Requested input from the Council on the County's suggestion that an attorney be hired jointly by the City and County to represent them in the oilport contested case hearings. County Commissioner Dick Lotzgesell, who was present at this meeting along with Commissioners Lydiard and Richards, pointed out the cost ef- fectiveness of a joint attorney and the need to actively pursue the needs of the citizens of Port Angeles in regard to mitigating factors. Following a lengthy discussion between the Council, Attorney Miller and the County Commissioners in regard to what services a mutual attorney can provide, legal fees and time spent by the at- torney, the various locations of the EFSEC hearings, and what basis, I fund-wise,this partnership will be based on, Councilman Anderson moved the Council join with the County and hire an attorney to re- present both the City and the County at the EFSEC hearings. The motion was seconded by Councilman Hordyk. During discussion on the motion, Councilman Hordyk and Attorney Miller discussed the EFSEC agenda, and Councilman Boardman questioned the hiring of a joint attorney as being in the best interest of the City. Commissioner Richards also pointed out that the attorney will need to be instructed as to what action he is to take. On call for the question, the motion was passed by the Council. The discussion then continued on whether the attorney will be taking a position on opposition and prevention of an oilport, or mitigation or possible effects, or both. During this discussion, Councilman Buck moved the Council go on record as opposing Northern Tier's proposed oilport in Port Angeles for the reason that it violates City Ordinances. The motion was seconded by Councilman Duncan. During discussion on the motion, Commissioner Richards questioned whether the Council would be willing to instruct the joint attorney to proceed to oppose the siting of an oilport in Clallam County. The Council discussed this matter at length with Mr. Richards. Councilman Buck then withdrew his motion and Councilman Boardman moved the Council join with the County, assuring them that the City opposes the oilport and through this process the mitigating measures will be identified. The motion was seconded by Councilman Anderson and passed by the Council. x I ADJOURNMENT The meeting adjourned at lO:OO P.M. to an Executive Session with the Clallam County Commissioners. ~~..~e. ~ City Clerk ~~"'ej1~