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HomeMy WebLinkAboutMinutes 02/21/1984 102 CITY COUNCIL MEETING Port Angeles, Washington February 21, 1984 I CALL TO ORDER Mayor Duncan called the meeting to order at 7:00 P.M. II ROLL CALL Members Present: Mayor Duncan, Councilmen Gerberding, Haguewood, Hordyk, Schermer, Quast, Whidden. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson, P. Carr, M. Cleland, L. Cosens, J. Marsh, J. Pittis, R. Orton, A. Rose, M. Campbell, V. Clay. Public Present: V. & M. Ingham, B. Levin, T. Sample, D. Smith, P. Haas, B. LaRue, A. Clayton, T. Simpson. II I MINUTES Councilman Quast moved the Council accept and place on file as received the minutes of the February 7, 1984 meeting. Councilman Whidden seconded. Councilman Gerberding amended Item 9 on Register Page 96 to indicate his "No" vote on the resolution. On call for the question, the motion to accept the minutes as amended carried. IV CONSENT AGENDA I Councilman Gerberding moved the Council accept the items listed under the Consent Agenda, including (1) Request permission to call for bids on 'I Bluewater View L.I.D.; (2) Payment to O. M. Hendrickson on reroof of Vern Burton Gym - $6,771.29; (3) Correspondence from Washington State Liquor Control Board; and (4) Vouchers of $247,464.49 and Payroll of $l93,679.08. Councilman Quast seconded. After discussion, on call for the question, the motion carried. V FINANCE f Payment to Riddell, Williams, billing for February 1st, $5,5l0.40 Councilman Quast moved to approve payment in the amount of $5,5l0.~O to Riddell, Williams. Councilman Gerberding seconded and the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. ITEMS FROM CITY COUNCIL TO BE PLACED ON THE AGENDA Councilman Quast moved to set a public hearing for March 6, 1984 on the Waterfront Associates project. Councilman Schermer seconded and the motion carried. INTRODUCTION OF RECREATION COORDINATOR Parks and Recreation Director John Marsh introduced Scott Brodhun to the Mayor and members of the Council. Scott will be joining the City March 1, 1984. Welcome, Scott! VII LEGISLATION 1. Public Hearings A. Requested Port Angeles Telecable Rate Increase Port Angeles Telecable, Inc., has requested an increase in its basic sub- scription rates to $8.50 per month from the current $6.95 a month and an increase in the extra outlet rate to $1.50 per month from $1.00 per month. I I I CITY COUNCIL MEETING February 21, 1984 Mayor Duncan opened the public hearing and asked for comments from the audience. Frank Platt of Port Angeles Telecable addressed the Council, stating that the ordinance passed by the City Council in September of 1983 permits a change in rates after a public proceeding and allows for taking into account national figures. He explained that even with the rate in- crease, Port Angeles Telecable rates would be lower than those in outlying areas. He stated that Telecable service, unlike electrical service or water service, is not a necessity and is a matter of choice. Allen Clayton, a subscriber to Telecable service addressed the Council, noting concern that basic service customers' rates appear to be helping to pay for new equipment, etc., for added programs (satellite services). He stated that these programs should be paid for by those customers who subscribe to them. George Crawford then addressed the Council, agreeing with Mr. Clayton's statement, stating that the basic customer should not have to pay for other customers' entertainment. Mayor Duncan asked for further comments from the audience. There were none; therefore, she closed the public hearing. Councilman Hordyk stated that he would like to see the justification for a rate increase based on their own financial statement and not on comparison. He stated that in reviewing the reports from the Telecable Corporation he saw no indication that basic fees were used to subsidize sattelite services or HBO. He stated that he would like to see the Telecable Corporation pursue the pOSSibility of providing the service to low-income individuals who were shut-ins and dependent on television as their only source of entertainment. Councilman Gerberding noted concern as to whether a rate increase was justified with 31.5% returns. Bob Aiken, certified public accountant and the treasurer of Port Angeles Telecable, Inc., then addressed the Council. He informed the Council that he personally would present the idea of reduced rates for low-income elderly individuals to the Board. He also stated that the rate of return might be somewhat inflated because of the lack of a uniform accounting system in the telecable indus- try and that a high rate of return is necessary, as this is a high risk industry. Mr. Aiken stated that he would send a letter to the Mayor and the Council regarding the Board's response to the idea of reduced rates for senior citizens. Vern Kiele then addressed the Council, stating that the Telecable now offers eleven channels and with the rate increase, a 12th channel will be added~ Councilman Quast inquired about the possibility of a public access channel, possibly in cooperation with Peninsula College. Members of the Council discussed with Mr. Kiele the technical aspects of the rate increase at length. Councilman Hordyk then moved that the request of Port Angeles Telecable for a rate increase be granted. Councilman Quast seconded and amended the motion that the proposed subscriber rate be $8.00 rather than $8.50 and the additional outlet rate be $1.25 rather than $1.50. Councilman Haguewood seconded the motion to amend. On call for the question on the amendment, Councilmen Haguewood, Quast and Whidden voted "Aye", with Councilmen Hordyk, schermer and Gerberding voting "No". Mayor Duncan cast a "No" vote to break the tie. The amendment failed. On call for the question on the original motion, Councilmen Hordyk, Whidden and Schermer voted "Aye", with Councilmen Haguewood, Quast and Gerberding voting "No". Mayor Duncan cast an "Aye" vote to break the tie and the motion carried. The Port Angeles Telecable rate increase, as originally presented, passed. B. Declaration of Surplus Property on Valley Street I Mayor Duncan reviewed a background memo from Manager Flodstrom and opened the public hearing for the purpose of deciding whether or not the property at 709 South Valley Street should be considered surplus property and placed for sale. She asked for comments from the audience. There were no comments from the audience. Mayor Duncan closed the public hearing. Councilman Hordyk moved that the property at 709 South Valley Street be declared surplus. Councilman Whidden seconded the motion. Councilman Schermer moved to amend the motion to offer the property for sale by closed bid. Councilman Hordyk seconded the amendment. On call for the question, the amendment carried unanimously. On call for the question, the original motion carried unanimously. Councilman Gerberding requested that a work session be scheduled during the upcoming year to discuss policies on the sale of City property. 103 104 CITY COUNCIL MEETING February 21, 1984 C. DelHur Eastside Annexation Mayor Duncan abstained from participating in the public hearing, due to conflict of interest. Mayor Pro Tern Haguewood opened the public hearing and asked for comments from the audience. Tony Sample, Land Manager for DelHur, Inc., addressed the Council as a proponent of the annexation which consists of a 55-acre parcel of land directly east of peninsula Golf Course and south of SR 101 East. Mr. Sample reviewed the steps that had been taken so far in the annexation request. He also referred to a master plan that he had submitted for the Council's consideration. He explained reasons for some variation in his master plan versus that of the Planning Commission 1 specifically the fact that his master plan did not propose that the street go all the way through the property. The Council questioned Mr. Sample further. Councilman Quast suggested that the impact of additional traffic in that area be looked at and the effect it may have on the bottom of Golf Course Road where Golf Course Road meets Highway 101. Following further questioning at length, Councilman Hordyk moved to concur with the recommendation of the Planning Commission, subject to the follow- ing conditions: (1) A master plan for the development be prepared and made available to the City Council prior to adoption of the Annexation Ordinance. Said master plan to contain the following information: (a) A GO-foot wide street corridor; (b) Utilities, including sewer, water, storm drain and power, shall be in the corridor and to the specifications noted on the map; (c) The zoning shall be as designated in the amended Periphery Zoning Reso- lution; (d) The following are critical impacts of annexation and subsequent development that may require mitigating measures during future permit review: (i) Access must comply with State Department of Transportation requirements. Any permit development proposals, such as subdivisions or Planned Residential Developments shall require an intersection plan for the Highway, approved by the State Department of Transportation and the posting of a bond for the provision of a traffic signal at the intersection. (ii) The currently existing road installed by the applicant may not meet City construction standards. Prior to dedication or improvement, the applicant shall submit to the City a geo-technical engineering report of the portions of said roadbed requested by Public Works. (iii) Existing and potential storm water runoff presents a critical impact to Ennis Creek and the City's storm water system. Therefore, prior to any development approvals, plans for treatment of that storm water shall be approved by the State Depart- ments of Fisheries and Game. the Department of Transportation, Clallam County, and the City of Port Angeles. (iv) Adequate fire protection in the annexation area will be heavily dependent upon adequate volume and pressure. Any development proposal should include hydrants to ISO Guidelines and pump stations to the satisfaction of the Public Works and Fire Departments. (v) Electrical energy shall be sup- plied by the City of Port Angeles. (vi) Development could severely impact the natural habitat of Ennis Creek, particularly the fish habitat. Intensive residential development shall not occur in PBP-Zoned property. Any trail development should not run parallel and close to Ennis Creek _ Every effort should be made to locate such trails further up the Ravine walls and limit the crossings of Ennis Creek to the lowest possible number. (vii) Additional impacts have been identi- fied in the annexation EIS. This listing of critical impacts in the Master Plan does not preclude reference to the EIS at the time of a development proposal and resulting mitigating conditions being attached to any such proposal. Nor does this Master Plan prevent the attachment of additional conditions as part of the normal development permit process in the City of Port Angeles. (viii) Secondary accesses on Lindberg and Monroe Roads are in the County. Maintenance issues should be resolved during the develop- ment permit review process and prior to approval. (2) That the recently installed culvert be corrected in a manner which reduces erosion of the Ravine wall and degradation of Ennis Creek prior to passage of the Annexa- tion Ordinance. He cited the following findings of fact: (A) Since the City sewer, power and water can service the site and are designed to provide adequate services within the site without Significantly reducing the capacities of these utilites, the annexation complies with Comprehen- sive Plan Annexation Policies Nos. 1 and 2. (E) The parcel abuts Lindberg Road and has access to SR 101 East; therefore, it fits into the basic circulation pattern of the City and would require no further dedication until detailed development plans are submitted. (C) The annexation increases the City size, insures orderly development of this portion of the City's east side, provides an opportunity for housing in this vicinity, and therefore complies with the 1972 Annexation Policy. Councilman Hordyk directed staff to prepare the necessary documents, including ordinances, I I I I I CITY COUNCIL MEETING February 21, 1984 annexation agreements and master plans. Councilman Schermer seconded. Councilman Gerberding moved to amend the motion to exclude the area on the east side of Ennis Creek. The motion to amend died for lack of a second. After further discussion at length, on call for the question, the motion carried. 2. Planning Commission Minutes of February 8, 1984 A. M-I Permit - Clallam County Emergency Alcohol Center (Serenity House) Serenity House, located at 2602~ West 18th Street, has requested an exten- sion of an M-l Permit to operate a center for emergency housing serving the abused, alcoholic and homeless. Following discussion, Councilman Hordyk moved to concur with the Planning Commission's recommendation that the M-1 Permit be made permanent, provided a permit revision be obtained if there is a major change in the operation of the facility. Councilman Quast seconded and the motion carried. Councilman Whidden had left the meeting momentarily and did not participate in this vote. Councilman Quast then moved to approve the Planning Commission minutes of February 8, 1984, with Councilman Whidden seconding. On call for the question, the motion carried. 3. Letter from Thunderbird Boat House Requesting Lease Change to Allow Residential Use of Ediz Hook After discussion, Councilman Haguewood moved to refer the matter to the Planning Commission and the Parks and Recreation Commission for further recommendations. Councilman Schermer seconded and the motion carried. Vince Ingham, operator of the Thunderbird Boat House, addressed the Council explaining his reasons for the request. 4. Review Current Expense Year-End 1983 and Status of ~9 Local Option Sales Tax Following discussion at length, Councilman Gerberding moved to amend Resolution 28-83 through the adoption of a resolution continuing the optional half-cent sales tax. Councilman Quast seconded the motion, reading the proposed resolution by title entitled RESOLUTION NO. 4-84 A RESOLUTION of the City of Port Angeles continuing the implementation of the optional 0.5% additional sales tax beyond March 31, 1984. Councilman Quast noted that the City has received the designation, of being a distressed city by the Federal government. On call for the question, the motion carried, with Councilmen Hordyk and Haguewood voting "No". 5. Blue Top Cab Rate Change Request Mayor Duncan read the Resolution by title, entitled RESOLUTION NO. 5-84 I A RESOLUTION of the City Council of the City of Port Angeles approving an amended fare proposal for the operation of for- hire vehicles within the City of Port Angeles. Gary Underwood, operator of Blue Top Cab, addressed the Council,. explaining his reasons for the requested rate change. After discussion, Councilman Hordyk moved to pass the Resolution as read by title, with Councilman Schermer seconding. On call for the question, the motion carried. 105 106, CITY COUNCIL MEETING February 21, 1984 6. Waterfront Destination Development Feasibility Study Manager Flodstrom announced that no additional information had been received. It was the Council's determination to leave the item on the table. 7. Sequim Request for Police and Fire Dispatch Regarding 911 Councilman Haguewood moved to remove the item from the table, with Council- man Schermer seconding. The motion carried. 'Mayor Duncan reviewed a letter from Councilman Des Sievers, Chairman of the Police and Fire Committees for the City of Sequim, requesting a proposal from the City of Port Angeles to include the City of Sequim as a subscriber in the nine eleven program. Following discussion at length, Councilman Schermer moved that a task force be formed to study the possibility of such an agreement including all the municipalities within the County. Council- man Quast seconded. Councilman Hordyk indicated that he would like to be a member of such a task force and suggested that staff respond to Councilman sievers' request in the affirmative, stating the City of Port Angeles was capable of such a service and that a task force would be formed to study a proposal. After much debate regarding the letter, Mayor Duncan called for the question on the motion to establish a task force and the motion carried. Councilman Hordyk then moved that a letter be written to Mr. Sievers answering his question in the affirmative. Councilman Schermer seconded. Councilman Quast suggested that a letter regarding the subject prepared by Lt. Myers be attached to the letter to Councilman Sievers. Councilman Hordyk concurred. The motion carried. 8. Request for Renewal of Lease for 1984 Pea Patch Lease Councilman Haguewood moved to authorize the Mayor to execute the lease again with Mr. Richard Putman. Councilman Gerberding seconded and the motion carried. 9. Ordinance Creating Certain Municipal Funds Mayor Duncan read the ordinance by title, entitled ORDINANCE NO. 2288 AN ORDINANCE of the City of Port Angeles establishing an Erickson Play field Improvement Fund; a Utility Deposit Fund; and Public Works Improvement Fund; for administration of Federal, State and municipal funds. Councilman Quast moved to adopt the Ordinance as read by title, amending the third line of Section 1 of the Ordinance to read: ".. . of moneys appropriated for expansion, construction and improvement of Councilman Schermer seconded. On call for the question, the motion to adopt the ordinance as amended carried. 10. Consideration of Contract Renewal with NMI For Third Party Health Claims Administration Councilman Quast moved to authorize Mayor Duncan to sign the administrative agreement with Network Management, Inc. Councilman Schermer seconded. Councilman Gerberding inquired as to whether the Risk Manager would be taking over portions of the administration of claims. Finance Director Orton stated that the administration of medical claims is a highly specialized field and due to the volume of claims, time would not be available for him to assume these responsibilities. On call for the question, the motion carried. 11. Approval of Labor Contracts Between the City of Port Angeles and Firefighters' and Municipal Employees' Local 1619 Councilman Quast moved to authorize Mayor Duncan to sign the contract between the City of Port Angeles and the International Association of Firefighters' with corrections of typographical errors. Councilman Whidden I I I I I I CITY COUNCIL MEETING February 21, .1984 seconded. After discussion, on call for the question, the motion carried. Councilman Gerberding then moved to authorize Mayor Duncan to sign the labor contract between the City of Port Angeles and Municipal Employees' Local 1619. Councilman Schermer seconded and the motion carried. 12. Request for Adjustment in Public Works Fees Mayor Duncan read the Resolution by title, entitled RESOLUTION NO. 6-84 A RESOLUTION of the City of Port Angeles establishing fees for the supplying of prints and copies to the public and other services, and superseding Resolu- tion No. 19-81. Councilman Hordyk moved to pass the Resolution as read by title with Councilman Quast seconding. The motion carried, with Councilman Haguewood voting "No". Mayor Duncan read the resolution by title, entitled RESOLUTION NO. 7-84 A RESOLUTION of the City of Port Angeles establishing fees for sewer and storm drain connection permits, and superseding Resolution No. 27-81. Councilman Hordyk moved to pass the Resolution as read by title with Councilman Whidden seconding. The motion carried, with Councilman Haguewood voting "No". Mayor Duncan read the resolution by title, entitled RESOLUTION NO. 8-84 A RESOLUTION of the City of Port Angeles establishing fees for permits for construction or excavation work in rights-of-way, and the amount of deposits required for permanent restoration of rights-of-way, and superseding Resolution No. 30-81. Councilman Schermer moved to pass the Resolution as read by title, with Councilman Quast seconding. Councilman Quast moved to amend Section l(A), the charge for concrete walk installation to remain at $30 rather than $75. Councilman Gerberding seconded the motion to amend. Following discussion with staff, Councilman Quast changed his motion to amend to charge $50 for concrete walk installaion. Councilman Gerberding concurred. On call for the question, the motion to amend the Resolution carried. On call for the question on the original motion, the motion carried, with Councilman Haguewood voting "No". Mayor Duncan read the resolution by title, entitled RESOLUTION NO. 9-84 A RESOLUTION of the City of Port Angeles establishing fees for the installation of new residential water service connec- tions; and supersecind Resolution No. 42-81. Councilman Schermer moved to pass the Resolution as read by title, with Councilman Whidden seconding. The motion carried, with Councilman Haguewood voting "No". Mayor Duncan read the Ordinance by title, entitled 107 108 CITY COUNCIL MEETING February 21, 1984 ORDINANCE NO. 2290 AN ORDINANCE of the City of Port Angeles relating to the Municipal Water Supply System and amending Section 3, Chapter 4, of Ordinance 2181, and Section l3.36.030 of the Port Angeles Municipal Code. Councilman Schermer moved to adopt the Ordinance as read by title, with Councilman Gergerding seconding. On call the for the question, the motion I carried. 13. Industrial Wastewater Pretreatment Ordinance Mayor Duncan reviewed a memo from the City Attorney stating that the City is required by the Environmental Protection Agency to adopt the accompany- ing wastewater pretreatment ordinance as a prerequisite of obtaining a waiver for secondary treatment. Mayor Duncan then read the Ordinance by title, entitled ORDINANCE NO. 2291 AN ORDINANCE of the City of Port Angeles, Washington, relating to pretreatment of industrial wastewater discharge into the wastewater system of the City of Port Angeles; defining terms; promulgating regulations; allowing for fees; providing for enforcement; requiring records retention; repealing ordinances in conflict; and establishing a new chapter in the Port Angeles Municipal Code. The City Attorney presented an amendment to the ordinance, based on input from Sewer Superintendent Rose after conferring with the Environmental Protection Agency. Councilman Quast moved to adopt the ordinance as read I by title and amended, with Councilman Schermer seconding. On call for the question, the motion carried. VIII LATE ITEMS Manager Flodstrom informed the Council that the Port Angeles Downtown Association has applied for a liquor license for a special occasion on March 2, 1984, to be held at the Eagles Annex. Manager Flodstrom also reported to the Council the findings of a recent PERC hearing regarding several employees from City Light. As a result of the hearing, nine members of the administrative staff have become members of the IBEW bargaining unit. He then presented official City of Port Angeles baseball caps to Mayor Duncan and each member of the Council. The caps have become very popular among employees of the City. IX ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA The Council discussed the following: Councilman Gerberding thanked Lt. Myers for the letter showing that he did get a rate reduction on his home owner's insurance because of the recent improved fire insurance rates for Port Angeles. Councilman Hordyk suggested a possible source to supply jackets bearing the City logo for City Employees who have frequent contact with the public. Councilman Whidden inquired as to response to the recent advertisement regarding vacant positions on various boards and commissions. He remarked on the very favorable comments in the newspaper about the Medic I program. He then mentioned an inquiry he had received from a citizen as to how garbage can locations will be determined for the mechanized collection pilot program. Staff will contact the individual to answer his questions. I I CITY COUNCIL MEETING February 2l, 1984 Councilman Quast asked Manager Flodstrom if the news release regarding the signalization had been sent to the media. Manager Flodstrom stated that it had. Councilman Quast then stated that there is excessive litter on West 18th Street, on the way to the Landfill, and requested that staff obtain the services of individuals, possibly juvenile diversion participants, to pick up the litter. Councilman Schermer inquired as to whether there had been any progress on resolving the problem of multiple Medic I assessments. Manager Flodstrom and Finance Director Orton explained the extent of the problem. Finance Director Orton stated that an update would be submitted to the Council on March 16, 1984. The Council discussed the problem with staff at length. X ADJOURN TO EXECUTIVE SESSION Mayor Duncan adjourned the meeting to executive session for the purpose of discussing litigation and personnel matters at 10:00 P.M. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 11:50 P.M. XII ADJOURNMENT Mayor Duncan adjourned_the meeting at approximately 12:00 Midnight. 7l[fAh"' d. ,{'a/7Jf4r lerk J~k~ I I 109