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Home My WebLink AboutMinutes 03/02/1982 f r ~,~-:.... ~L.;:,~ .~.:..;,,;:; "."?-OU~')~;~".~~~rf~~iTY 'coUNciL MEETI~G " "'.,' ,:'''Port''Angeles, Washington " March 2, 19.82 :~'!''';~ftr.\~ -'''~~~'~1 '.. .'t , '249 I CALL TO ORDER Mayor Duncan, called the meeting to order at 7:00 P.M. II ROLL C1'.LL Mayor Duncan, Councilmen Gerberding, Hordyk, Polhamus, Quast and Whidden. Members Present: Members Absent: Councilman Haguewood I Manager Flodstrom, Attorney Miller, Deputy Clerk Lannoye, P. Carr, M. Cleland, L. Cosens, D. Frizzell, L. Glenn, J. pittis, M. Campbell and G. Bower. Staff Pre5ent: P. Hudd, T. Pence, D. Tucker, J. Whattam, M. Smith, D. Andaleon, J. Thompson, R. Critchfield, K. Thompson, J. Schmitt, A. Dunker, S. McCullough, K. McCUllough,' D. Fryer,'R. & C. Anderson, D. Price, M. Wolniewicz, M. Fischer, D. Bragg and J. Dugan. Public Present: III MINUTES Councilman Quast'moved the Council accept and place on ~ile as received the minutes of the FebruarY,16, 1982 meeting; Councilman Whidden seconded and the motion carried. IV CONSENT AGENDA: Councilman Hordyk moved the Council accept the items listed under the COnsent Agenda including vouchers of $155,376.68 and Payroll of $187,579.80. The motion was seconded by Councilman Gerberding and after discussion, the motion carried. FINANCE -- IV 1. permission to Re-bid Surplus Equipment and Property As no bids were received, Councilman Polhamus moved the Council approve Finance 'Director Orton's request to re-bid the sale of surplus real estate at 7th and Peabody and surplus" mobile equipment without minimum bids, but retain the right to ~eject all bids in the event bids rece~ved are out of proportion to the fair market value. Councilman Quast seconded and after further discussion, the motion carried. 2. permission to Call for Bids - Heater Wrap Program Mayor Duncan reviewed ,Power Manager Booth's memorandum requesting permission to call for bids for contractor installation of residential water heater wraps. Councilman Hordyk moved ,the Council authorize Power Manager Booth to call for bids and Councilman Whidden seconded. The Council requested information regard- ing the 'p~ogram and on call for the question, the motion carried. VI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA VII At Mayor Duncan's request, Manager Flodstrom updated the Council regarding the City's actual costs for review of the Northern Tier application and participa- tion in the EFSEC proces~ and Attorney Miller summarized the mitigating measures established in the EF5EC ruling afforded the City and County should Northern Tier locate in Port Angeles. I Councilman Quast requested all citizens recognize the right of "Stand Up" to conduct the pro-oilport petition drive and refrain from further vandalism or malicious conduct. Councilman Hordyk reiterated that the 3% tax charged City residents served by PUD is also charged all other City residents. "2' "'5"?1ID-'''~~~~>~;~-ti~~'t~,t;;~;;:?~'~V7<~:'' < '," CITY COUNCIL MEETiNG ' ',' , March 2, 1982 I........ " . ~t"'-'......,:> ~ .. ~~' ~.:'':;:':''1 ......: ,-....,!..:.:.-.." .....,',.',:~. ~ ~.:'t..;...~:i r.'.:....""^t~,~;~:..t~~f~'.? ~Jo~ .- " ~- ~~fr VIII LEGISLATION 1. Proclamation of International DeMolay Week, March 14-21, 1982 Mayor Duncan read a proclamation proclaiming the week of March 14-21, 1982 as International DeMolay Week and presented the original document to the Master Counsel o~ the local Order of DeMolay. 2. Public Hearings: A. Clallam County Day Treatment Center I Clallam County had requested the public hearing be tabled until further notice. Manager Flodstrom introduced for the Council's consideration, a resolution nego- tiated between the Real Estate Committee and County Commissioner Feeley which declares'the City's intent to transfer City real property to the County for construction of a mental health day treatment facility. The purpose of the resolution is to allow the County to assure the State, from wpich, funding for the facility is being provided, that there is a piece of property in the com- munity on which the facility could be built. Mayor Duncan then read Resolution No: ',6-82 by title, entitled RESOLUTION NO. 6-82 A RESOLUTION of the City of Port Anglees declaring the City's intent to transfer certain real property to Clallam County, for construction of a mental health day treatment facility. 6o~cilman Hordyk moved for adoption of the foregoing resolution as read by title and Councilman Polhamus seconded. After further discussion regarding the intent of the resolution and requirements for future public hearings, the motion to adopt the resolution carried. 3. Planning Commission Minutes of February 24, 1982 I Mayor Duncan reviewed the ,Planning Commission minutes of February 24, 1982 with the following action being taken by the Council: A. Final Plat - Sunnyside, Inc. Councilman Gerberding moved the Council concur with the recommendation of the Planning Commission to approve the final plat of the L.B.R. replat, because the plat conforms with the preliminary plat and complies with all state and local regulations. The motion died' for lack of a second. Councilman Hordyk questioned the ,_ legal~~y of the ~ot si~~; all lots in the plat being les~ than 7~000 sq; ft. Staff indicated that the Zoning-Ordinance allows construction on lots of record and that as this plat restores the lot lines of the original townsite plat, the lots would revert to lots of 'record when the plat is filed. Councilman Polhamus stated his objections to the smaller lot size and after further discussion, Councilman Hordyk moved the Council concur with the recommendation of the Planning Commission to approve the final plat of the L.B.R; replat, consisting of 20 single family lots on approximately 3.21 acres situated on 15th Street, between "K" and "L" Streets because the plat conforms with the preliminary plat and complies with all state and local regulations. Councilman Gerberding seconded and the motion carried with ,Councilmen Polhamus and Quast voting "No". Councilman Hordyk then moved the Council accept and place on file as received the Planning Commission minutes of February 24, 1982 and Councilman Whidden seconded. I' Councilman Quast requested letters of appreciation be sent to- outgoing Commissioner Bennett and Thompson and on call for the question, the motion carried. 4. L.I.D. Foreclosure Procedures " Mayor Duncan read a memorandum from Attorney Miller regarding the proposed ordi- nance implementing foreclosure procedures for the collection of delinquent LID assessments. She then read Ordinance No. 2202 by title, entitled I, '!. 1;.. VIII I I I ~ :~.~f~~:'!l'" ~>-'~ ~~~~7~~'~~~)~~,~'!~~fFt~~:~'~~~~~,,:~~- CITY COUNCIL MEETING Narch 2, 1982 ',.t:::';" :"~. ~~:~~~~ ~~ '~"'..~;,~':,'~., n~~>~~t~-'~~'~~~~~]:t.~2~;'5;;"Afl~'~~J- ~ .' --~ ,- .~ ' -. ,"'" .. . ' LEGISLATION (cont.l 4. L.I.D. Foreclosure Procedures (cont.) ORDINANCE NO. 2202 AN ORDINANCE of the City of Port Angeles establishing a date for commencement of actions for foreclosure of local improvement assessments, providing for acceleration of the entire delinquent assessment, allowing acceptance of monthly payments on annual assessments, and creating a new chapter in Title 3 of the Port Angeles Municipal Code. Councilman Hordyk moved the Council adopt the foregoing ordinance as read by title and Councilman Quast seconded. Councilman Gerberding opposed Section 2: Acceleration of Delinquent Assessments, and during discussion of the intent of the ordinance, Council instructed staff to exercise good judgement when proceeding with foreclosure action; Manager Flodstrom indicated Council would be" advised prior to any foreclosure action being taken., On call for the question , the motion to adopt the ordinance carried with Councilman Gerberding voting "No". 5. Renaming of City's Marine Lab Facility Mayor Duncan read a lettex from president Cornaby of Peninsula College, requesting the Council pass a resolution designating the Marine Lab as the Arthur D. Feiro Marine Laboratory' councilman Polhamus moved the renaming of the city's Marine Lab Facility be tabled to allow the Feiro family more time; Councilman Quast. seconded and the motion carried. '6. proposed Tennis Facility at Erickson Playfield Parks Director Don'~rizzell ,reviewed the Parks Recreation and Beautification commission's recommendation to continue the project possibility, with the developers through joint lease negotiations and to work to resolve the off- street parking condition. Council concurred with Manager Flodstrom's recom- mendation to addres~ the concerns of individuals brought up during the public hearing at an informal staff level and to bring this before the Council at a future date. 7. Pearce Property Purchase Request Mayor Duncan read a letter from Mr. John Pearce offering $1,000 for that portion of Lot 15, Block 29 that the Pearces had pr~viously requested to purchase from the city. Councilman Polhamus indicated that' the' Real Estate Committee's last offer of $1.80 per square foot was their final offer and therefore moved to re- j ect Mr. Pearce I soffer. Councilman Quast seconded. Councilman Whidden opposed the motion and after further discussion, the motion carried with Councilmen Whidden and Gerberding voting "No". 8. Board of Trustees for Volunteer Firemen's Fund Councilman Quast moved the Council appoint Councilman Hordyk to sit as a trustee on the local board for Volunteer Firemen and appoint Councilman Polhamus as alternate, both for a term'of two years; Councilman Whidden seconded and the motion carried. 9. Civil Service Commission - E. Hunt Resignation Manager Flodstrom'passed out a letter of resignation from Civil service Commissioner, Eileen Hunt; effective February 12, 1982. Councilman Hordyk then moved the Council regretfully accept Mrs. Hunt's resignation as Civil Service commissioner; Councilman Polhamus seconded and the motion carried. lO. Civil Service Commission Applicants Manager Flodstrom advised the Council of letters of application for Civil Service Commissioner position received from Johnny Sweatt and William Prentiss. COllilcilmen Quast and Whidden indicated they ,thought tW\fother individuals were interested in the position. The Council concurred to schedule interviews for the applicants for the March l6, 1982 meeting. , J""';o.~ 252 : '-'~~;~',: 7'. ~"t '1 ~~~-:~':S;:[~':17k~;~;'.~'_~'~' "~:":~:f:f~~~f" ~~V'~r:,~-'t.,\~~1 ~1l~: :~r;~~~~~~,:(,~- ~:~~ -~, .~ "-\~~~T~~-!};.~.,,*;t~,,~~ oTr'"'-.~;' ~'tI~ , . ,,-_ ~"'~<:~.~ ..' . CITY COUNCIL MEETING March 2, 1982 IX LATE ITEMS None. X ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. XI ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA Councilman Quast requested a three minute recess to view the used ambulance recently purchased by the City. Mayor Duncan called the recess. XII ADJOURN TO EXECUTIVE SESSION XIII The COuncil adjourned to an Executive Session at 8:30, P.M. RETURN TO OPEN SESSION AND ADJOURNMENT The Council returned to Open Session and adjourned at 9000 P.M. ~e.~ Clerk ~~/b- ORDINANCE I NO. 2202 AN ORDINANCE o. Ihe Cify of Parf Angeles eSfabUshing a do1e for commencemel'tt of J actions. for' foreclosure of loc:oJ. improvement assessments, provlding for acceleration of the entire delinquent ~ assessment, ollowing accep1ancG of i monfhly payments on 0",n1.l01 assessments. and crealing 0,1 I new chapter in Tifle 3 of fhe Pori Angeles Municipal Code. .: BE IT ORDAINED BY THE i CITY COUNCIL OF THE CITYj OF PORT ANGELES, o. follow", Section 1. Tnere is hereby added fo Tille 3 of lhe Porf, Angeles Municipal Code a I new section, to re-od as follows: , Time of Commencement of ~ Foredosure A.ction Actions for .he forecloslAr'e of delinqu-ent loco' im. prov-ement assessments shall be commenced, by lhe City of , Port Angeles on or befote I August 1 af fhe year in which, the delinquency occurs. Prior to the commencement of any such action. 'ne City snoll ; comply wilh fne procedural I requirements of Chapter 3S,50, RCW, concerning Ihe ' COmmencement o~ suc;h I foreclosure actions. f ad~:Ji~~ ~ifl~h;r~t'~h:er:ob:. I Angeles M-unic::ipol Code a n-ew s&ction. to teod 0$ follows: Acceleration of Delinquent I Assessments l Upon the failure to pay any' installi1l8l1t of, 0 Jocal im.. prOyemenf districf I I o$sessment, the entire ass.,smenf. shall become dUB ~ and pavable. Pavmenl of l~e I entire DSS.ssment ~ay , e en'orced by an 0(.110" or foredQsure brov~ht p-u.rs.u-~~~ to Section \ of thiS ordmo and Chapter 35,50 RCW. proYided. fhof the paymenf 01 II delinquent installmen1s ~Qgether with interest, penalties, and costs. ot an~ 1" e before enh"y.. 0 '~dgme...t in the foreclo!.,.Jre ~c1ion shall extend the ,tide of payment of the remam er of the asse-ssmen1s os. if there had been no delinquency or foreclosure action" b Section 3. There is here y .. I A_ Tal_ ':t .....4 th.e Port I I I Section 3. 1 here \~ · nn....- J added to 'Title 3 of the Port Angeles Mu nid po~ Code 0 new sectionf to read os toHows: Payment ot Assessments Any person Hab' e for payment of an LtC annua ~ aSsess ment may make povments upon the totol assessmen1 prior to its due date t on 0 monthly basis. The Director of Finance and Administrative Services is authori%ed 10 eollect and hold such payments, and to credit them agoinst the annual installment upon its due da1e~ Payments made under the terms of this sec,.on shan not affect the principal or interest du e on the annu al in" staUment · Section 4. Sections 1 J 2 and 3 of this ordinance shal' be codified os a neW chapter in Title 3 of the port Angeles Municipa' Code~ Sec1ion 5 A This ordinance' shaH take effect as provided" by low. PASSED by the City Council at the City of port Angeles at o regular meeting of the Council held on the 2nd day of March t 1982. Doro,hy Duncan Mayor ATTeST: Marian C~ Parrish City Clerk APPROVED AS TO FORM: Craig l. Mt' ler City Attorney I Pub.: March 9r 1982