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HomeMy WebLinkAboutMinutes 03/03/1981 ,I 'I 47. CITY COUNCIL MEETING Port Angeles, Washington March 3, 1981 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, Polhamus, Quast. Members Absent: Councilman Hordyk. Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Headrick. L. Glenn, J. pittis, M. Cleland, G. Bower, A. Rose, K. Rodocker, P. Carr, D. Frizzell, R. Orton, L. Cosens. Public Present: L. Torres, L. wolfley, T. Ripley, L. McHone, R. & S. Hartmann, B. Hoglund, F. Grinnell. III MINUTES Councilman Buck moved the Council accept and place on file as received the minutes of the February 17, 1981 meeting. The motion was seconded by council- man Boardman and carried. IV ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. I ITEMS FROM THE COUNCIL NOT ON THE AGENDA v Councilman Duncan read a proposed letter from the Council to Senator Gorton regarding recent comments from representatives of the Bureau of Land Manage- ment, who were in Port Angeles recently with the President of Northern Tier. The BLM representatives stated that the BLM will supercede the City regardless of the City's lease positions on Ediz Hook. The letter requested any assis- tance Senator Gorton's office may provide in maintaining the integrity of the state and local processes, as well as the complete intent of the PURPA legis- lation. Following a suggestion from Councilman Quast to amend certain parts of the letter which refers to "bureaucrats" (Councilman Quast suggested the term "Federal Officials"), Councilman Duncan moved the council send the proposed letter, with the corrections suggested by Councilman Quast, to Senator Gorton, with copies to Congressman Bonker and Senator Jackson. The motion was seconded by Councilman Quast and carried. Councilman Quast complimented Fire Chief Glenn on his 1980 Annual Report and the updated Fire Department Rules and Regulations, and suggested a fire-boat location be considered also. Councilman Duncan briefly reported on the recently concluded EFSEC hearings which were held in Port Angeles. Councilman Quast concurred with Councilman Duncan that the hearings were very beneficial, and submitted several items to staff on the Port's Harbor Management Plan. VI LEGISLATION I. PUBLIC HEARINGS A. Rezone Request: G. Austin Councilman Quast moved the Council table Mr. indefinitely, as per staff's recommendation. by Councilman Boardman and carried. Austin's rezone request The motion was seconded 48 CITY COUNCIL MEETING March 3, 1981 VI LEGISLATION 2. PLANNING COMMISSION MINUTES Mayor Haguewood read the Planning Commission minutes of February 11, 1981 with the following action being taken by the Council: A. Conditional Use Permit: Shefler Mayor Haguewood opened the public hearing on Ms. Shefler's request for a conditional use permit to operate a hairstyling shop as a home occupation at 222 East Ninth Street, and requested comments or ques- 'tions from the audience or staff. There were no comments and the public hearing was closed. Councilman Buck then moved the Council concur with the recommendation of the Planning commission and approve the conditional use permit because: (I) the equipment used in this Home Occupation will not emit noise, smoke, fumes or other ~azards not normally present in a residential area; (2) with the conditions (listed below) and development standards, the beauty shop will not significantly increase traffic within the neighborhood; (3) the Home Occupation will not be injurious to adjoining properties; and (4) this Home Occupation has previously been in operation. Councilman Buck also added the following conditions to his motion: (A) the number of customer vehicles at anyone time on the site be limited to two; and (B) the number of customers per day be a maximum of ten. The motion was seconded by Councilman Duncan and carried. I B. conditional Use Permit: Grinnell Mayor Haguewood opened the public hearing on Mr. Grinnell's request for a conditional use permit to construct two duplexes located on Viewcrest at Maple (approximately), and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Councilman Buck then moved the Council concur with the recom- mendation of the Planning Commission and approve the request for the 1-' two duplexes because they are compatible with the general area and will continue distribution of duplexes in different areas of the City; with the condition that the two structures be architecturally different. The motion was seconded by Councilman Boardman and carried. Councilman Buck moved the Council accept Commission minutes of February ll, 1981. Councilman Quast and carried. and place on file the Planning The motion was seconded by Mayor Haguewood read the Planning Commission minutes of February 25, 1981 with the following action being taken by the Council: A. Conditional Use Permit: Ralston Mayor Haguewood opened the public hearing on Mr. Ralston's request for a conditional use permit to construct a duplex located west of 1815 East Third Street, and requested comments or questions from the audi- ence or staff. There were no comments and the public hearing was closed. Councilman Buck then moved the Council concur with the re- commendation of the Planning Commission and approve the conditional use permit for a duplex, subject to the maintenance of easements for exten- sion of, the sewer and water, and with the following findings: (1) the City will be better served by one duplex as opposed to two small houses; (2) the City should seek more innovative housing in this period of high land costs; and (3) the alley abutting the parcel to the north will I never be used for alley purposes. The motion was seconded by Council- man Boardman. During discussion on the motion, Councilman Quast ques- tioned the necessity of finding No. 3 and moved to amend the motion by deleting Finding No.3. The amendment to the motion was seconded by Councilman Buck and carried. The original motion, as amended was then passed by the Council. Councilman Buck moved the Council accept and place on file the Planning Commission minutes of February 25, 1981. The motion was seconded by Councilman Duncan and carried. CITY COUNCIL MEETING March 3, 1981 49, VI LEGISLATION 3. PARKING VARIANCE: HEERSCHAP, RIPLEY, HARTMANN I During the December 12, 1980 regular Council meeting the Council approved a parking variance for a reduction in off-street parking spaces from five to four, located at 401 East Front Street (east of Haynes park). The vari": ance contained two conditions: (A) that the building be turned into a professional commercial looking building with the appropriate landscaping; and (2) that no more than two persons be employed in that particular estab- lishment. During this meeting Mayor Haguewood read a memorandum from the Planning Department informing the Council that Mr. Ted Ripley, who has an interest in the subject property, had submitted a site plan alteration and requested permission to lease a portion of Peabody Street for parking. He further requests removal of the condition limiting the number of employees. Council- man Buck then moved the Council accept the atlered site plan; authorize the lease of a portion of peabody Street for parking; and remove the employee restriction. The motion was seconded by Councilman Polhamus. During discussion on the motion, Attorney Miller reviewed the procedures for leasing a portion of a City street. Also discussed was the exact location of the portion of street to be leased; the fee for the lease; the possibility of customers parking at Haynes Park; and the advantages and improvement of this site plan over the previous plan. Councilman Buck then moved to amend the motion, adding that the Council lease the portion of peabody Street for $21.00 per year and renogotiate that fee at the end of the first year. The amendment to the motion was seconded by councilman Polhamus. During discus- sion on the amendment to the motion, Councilman Quast, Attorney Miller, and Mr. Ripley further discussed the removal of the employee restriction and the possibility of clients and/or employees parking at Haynes Park. On call for the question, the amendment to the motion was passed unanimously by the Council. I Councilman Quast then moved ,to amend the motion, deleting the restriction that not more than two persons be employed in that particular establish- ment, and substituting the condition that the owners or occupants of the subject property be made responsible that none of the employees or clients park at Haynes Park. The amendment to the motion was seconded by Council- man Buck and carried. The original motion, as amended, was then passed by the Council. 4. ORDINANCE: FIRE ALARM SYSTEMS Mayor,Haguewood read a memorandum from Fire Chief Glenn introducing the proposed fire alarm systems ordinance. The new fire alarm systems, ex- plained Chief Glenn, would alert occupants of a fire during its incipiency. In the case of a large structure, such as a storage warehouse, the system would alert the Fire Department before the fire becomes too large for the department to handle. Following a brief discussion between Councilman Quast and Fire Chief Glenn regarding sprinkler systems in pre-existing, non-conforming buildings which are used as restaurants, Councilman Buck moved the Council table this agenda item to the next Council meeting in order to give the Council addi- tional time to review the proposed ordinance. The motion was seconded by Councilman Polhamus and carried. 5. ORDINANCE: ENDOWMENT CARE FUND III Mayor Haguewood introduced and read by title Ordinance No. 2131 entitled, Ordinance No. 2131 AN, ORDINANCE of the City of Port Angeles providing for a reduction in contributions to the Perpetual Care Fund, establishing procedures for periOdic analysis of the Endowment Care Fund, and amending Sections II(a), II(b), II(c) and III of Ordinance 1864 and Sections 3.20.010 through 3.20.040 of the Port Angeles Municipal Code. 50 CITY COUNCIL MEETING March 3, 1981 VI LEGISLATION 5. Cont. Councilman Polhamus moved the by title by Mayor Haguewood. and carried unanimously. Council adopt the foregoing Ordinance as read The motion was seconded by Councilman Duncan 6. ORDINANCE: METAL DETECTORS Mayor Haguewood introduced and .read by title Ordinance No. 2132 entitled, III Ordinance No. 2132 AN ORDINANCE of the City of Port Angeles providing for the limited use of metal detecting devices within city parks, requiring a permit for such activity, establishing regulations for the use and adding sections to Chapter 12.04 of the Port Angeles Municipal Code. Councilman Buck moved the title by Mayor Haguewood. carried unanimously. Council adopt the foregoing Ordinance as read by The motion was seconded by Councilman Quast and 7. RESOLUTION: REFINANCING OF LOANS Mayor Haguewood introduced and read by title Resolution No. 4-81 entitled, Resolution No. 4-81 A RESOLUTION providing for re-financing certain loans due to the Municipal General Fund. Councilman Buck moved the Council adopt the foregoing Resolution as read by I title by Mayor Haguewood. The motion was seconded by Councilman Boardman and carried. 8. CITY PARTICIPATION IN TRANS MOUNTAIN HEARINGS Mayor Haguewood read a memorandum from Attorney Miller requesting Council authorization to proceed with in-house representation of the Trans Mountain Pipe Line application to EFSEC, with cross-deputization between the City Attorney's office and the Prosecuting Attorney's office. Attorney Miller's memorandum also requested authorization to hire an additional attorney and part-time secretary for one year. Councilman Duncan then moved the Council authorize staff to proceed with the hiring of an additional attorney and part-time secretary; draft a resolution for cross-deputization between the City Attorney's office and the Prosecuting Attorney's office; and draft an ordinance for budget re- vision and appropriation. The motion was seconded by Councilman Quast. During discussion on the motion, the Council, Manager Flodstrom, and Attorney Miller discussed the possibility of recovering funds from Trans: Mountain, as with the Northern Tier pipeline application: how EFSEC will handle two consecutive hearings; the expense to implement this decision (approximately $50,000) and the financial burden that the Northern Tier, and now Trans Mountain hearings has put upon the City; the timetable for the Northern Tier hearings; and the possibility of the federal government pre-empting the state in favor of the Northern Tier pipeline project. On call for the question, the motion was passed unanimously. I Councilman Quast then moved the Council instruct Attorney Miller and Manager Flodstrom to request financial assistance from Trans Mountain in the review of this project, and also send the appropriate letters to the , state level, EFSEC, and Senator, Gorton and Congressman Bonker, and explain the need for assistance for theCity,in financial matters. The motion was ,seconded by Councilman Duncan and carried. .1 CITY COUNCIL MEETING March 3, 1981 51. VI LEGISLATION 9. LICENSING OF CATS I Mayor Haguewood read a memorandum from Manager Flodstrom regarding the possibility of licensing cats. Manager Flodstrom reported that Animal Control Officer Bower picks up nearly as many cats as dogs and while he has been able to return many of the dogs to the owners (because of their license tags), he has had little success with returning unlicensed cats. Mayor Haguewood also read a letter from Bertha Norris, Clallam County Humane Society, supporting a differential license fee with a higher charge for unspayed or unneutered cats. This would encourage spaying and neutering which would reduce the number of unwanted litters that must be cared for and disposed of each year, plus reduce the number of straying cats. The following subjects were then discussed by the Council: the work load of the Animal Control Officer and whether the licensing of cats would place an additional burden on him;. the proposed license fee schedule; the need for spay and neuter clinics; whether licensing of cats would be cost effective; and the importance of licensing cats for identification purposes. The discussion concluded with the Council agreeing to place this subject on the agenda for the next regular meeting. Staff will obtain additional statistics from the Humane Society and information on what it would cost the City to provide this service. 10. ALDER STREET IMPROVEMENTS Mayor Haguewood read a memorandum from Manager Flodstrom concerning the city's involvement in the improvements for Alder Street. Seattle-First National Bank is proposing to build a new bank branch at this location and has contacted the City regading its participation in improving Alder Street. The Real Estate Committee, Manager Flodstrom reported, does not feel that city participation in these improvements is appropriate. The Committee feels that the City has cooperated fully with Seattle-First in a recent land trade and alley vacation and further financial participation in the actual improvement of Alder Street is beyond the City's financial abilities. Councilman Buck then moved the Council concur with the recommendation of the Real Estate Committee and notify Seattle-First National Bank that the city will assist them when possible during construction of their Alder Street Branch, but will not participate in the improvements to Alder Street. The motion was seconded by Councilman Duncan and carried. 11. AMENDMENTS TO PURPA HEARING PROCEDURES Mayor Haguewood referred to a memorandum from Attorney Miller informing the Council that Evergreen Legal Services has requested the following changes in the procedures for the PURPA hearings: (A) amend Rule 6.1 governing the duties and responsibilities of the Hearing Officer, to provide that the Hearing Officer makes a recommendation to the City Council concerning the adoption of the rate and service standards which the Council must consider under the terms of PURPA; and (B) amend Article X to allow counsel for the parties to make oral argument to the City Council before the City council determination on adoption of the PURPA standards. I Finance Director Orton then clarified his Objections to these changes pointing out that in regard to the first request, the City council has already determined that the Administrative Law Judge, being also the-City Attorney, should not make such a recommendation, due to the possible ascertation of "conflict of interest" by parties unknown. In regard to the second request, the city prefers to submit the matter on written briefs, without provision of an opportunity for oral arguments. Councilman Buck then moved that Evergreen Legal Services' request for changes in the PURPA hearing procedures be denied. The motion was seconded by Councilman Polhamus and carried. 52 CITY COUNCIL MEETING March 3, 1981 VI LEGISLATION 12. BOARD AND COMMISSION VACANCIES Mayor Haguewood read a memorandum from Manager Flodstrom concerning various board and commission terms which expired March 1, 1981. The Council then took the following action: A. Park & Beautification Board Harold McLaughlin and Don Mudd have expressed their desire to remain on the Board. The Park Board is presently reviewing the possibility of amending their by-laws to allow this and will bring their request to the Council later on in March. I E. Board of Adjustment Mr. James Rexroat and Mr. John Lacey both wish to be considered for reappointment to the Board of Adjustment. Councilman Polhamus then moved the Council reappoint James Rexroat and John Lacey to the Board of Adjustment for a four year term. The motion was seconded by Council- man Boardman. During discussion on the motion, Councilman Buck ques- ,tioned whether. these vacancies should be opened to the public, or if a vacancy even exists, since Mr. Rexroat and Mr. Lacey are willing to serve another term. Councilman Quast also indicated he would need additional information on the past decisions of the Board before reappointing a member. On called vote, Councilmen Boardman, Duncan and Polhamus voted "AYE" with Councilmen Buck and Quast voting "NO." The motion carried. C. Senior Center Board Councilman Duncan moved the Council approve the appointments of the following senior citizens to the Senior Center Board for three year terms: Pearl Devine, Flody FOlkins, Eleanor Foster, Ruby King, Boyd 1- Turner, Ramona Whitney, and John Winthers. The motion was seconded by Councilman Polhamus and carried. D. Planning Commission Councilman Buck moved the Council reappoint Dave Brewer to the Planning Commission for a six year term. The motion was seconded by Councilman Polhamus and carried. E. North Olympic Library Board The Council recently placed Mr. Williams Beal on the North Olympic Library Board. Other candidates considered at that time were Richard wray, Leo Sunny and Merrill BleCk, which have all indicated an interest in being considered for future appointment to the Library Board, in- cluding Chet Walrath's unexpired term. Councilman Buck then moved the Council appoint Mr. Richard wray to the North Olympic Library Board to fill Mr. Walrath's unexpired term, which expires December 31, 1985. The motion died for lack of a second. Councilman Polhamus then moved the Council appoint Mr. Leo Sunny to the North Olympic Library Board to fill the unexpired term of Chet Walrath, which expires December 31, 1985. The motion was seconded by Councilman Buck and carried with Councilman Boardman voting "NO" and Councilman Duncan abstaining. 13. REQUEST TO PURCHASE CITY PROPERTY: P.A. REALTY Councilman Quast moved the Council refer the request of Doris Smith, Port Angeles Realty, to purchase Block 451, Lots 13-18, to the Real Estate Com- mittee for a recommendation. The motion was seconded by Councilman Duncan and carried. I I CITY COUNCIL MEETING March 3, 1981 53 VI LEGISLATION 14. REQUEST TO PURCHASE GOODMAN PIT PROPERTY: INVEST WEST CORP. I Mayor Haguewood read a letter from Kelly Farrell, Invest West Corporation, Bellevue, Washington, regarding purchase of the 10 acre "Goodman pit" property located east of the City on Highway 101. During discussion on Mr. Farrell's proposal, Manager Flodstrom informed the Council that the subject property was offered for sale approximately one year ago, with no response. Mr. Carl Albers also informed the Council that the 10 acres referred to in Mr. Farrell's letter was incorrect; the City owns'approximately 7.73 acres only. Following a brief discussion regarding access to this property and Mr. Albers' easement, Councilman Buck moved the Council refer this matter to the Real Estate Committee for a recommendation. The motion was seconded by Councilman Duncan and carried. 15. CONSULTANT SELECTION: VERN BURTON MEMORIAL COMMUNITY CENTER During the February 17, 1981 regular Council meeting, the Council agreed to invite the three finalist consulting firms for the renovation design of the Vern Burton Memorial Community Center (BJSS, Makers, and ORB) to a second interview session to gain additional input on the feasibility of a joint recreation/convention facility. During this meeting;' Mayor Haguewood read a memorandum from Parks Director Frizzell outlining four questions which the firms should address. During the discussion which followed, the Council, Manager Flodstrom and Parks Director Frizzell discussed at length the need for a market analysis and whether the analysis should be done before the interviews, or after a firm has been selected and a decision made as to what type of facility can be constructed. The Council also discussed whether the firm selected for the renovation design should also do the analysis, or a firm not involved with the renovation. I After a lengthy discussion on these matters, the Council agreed to first check on the cost of an independent market analysis before proceeding with the consultant interviews. Staff will also check with the State Auditor regarding whether the analysis could be fundable through the hotel/motel tax fund. 16. COUNCIL WORKSHOP: WPPSS The Council scheduled a workshop on March 31, 1981 ~or the WPPSS Balance Financing Program presentation and other City Light matters. VII ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. VIII FINANCE 1. PROGRESS PAYMENTS: L.I.D. NO. 203 councilman Buck moved the Council authorize payment of $61,450.68 to DelGuzzi Construction Company, as the seventh payment of work done and materials furnished by said contractor on L.I.D. No. 203, $3,234.25 retained percen- tage on progress payment No. 7 into the escrow account at Seattle First National Bank, $1,480.50 to Clark and Associates, and $410.00 to Marvin Black, as certified by Public Works Director J. pittis. The motion was seconded by Councilman Boardman and carried. 2. TUMWATER BRIDGE PROJECT Councilman Buck moved the Council authorize payment of $1,000 to O. M. Hendrickson Company as the retained percentage on the Tumwater Bridge project. The motion was seconded by Councilman Polhamus and carried. 54 CITY COUNCIL MEETING March 3, 1981 IX LATE ITEMS 1. PROCLMATION Mayor Haguewood read a Proclamation proclaiming the week of March 8-14, 1981 as GIRL SCOUT WEEK in Port Angeles. 2. VISITORS FROM TAIWAN County Commissioner Harry Lydiard addressed the Council in regard to a visit to Port Angeles by several Taiwanese officials. Commissioner Lydiard explained how the officials from Taiwan happened to be visiting this area, and invited the Council to a dinner for the officials at Harrington's restaurant on March 4th. Mayor Haguewood then read a Resolution adopted by the Board of Clallam County Commissioners which extended a warm welcome to the Taiwanese officials and thanked the citizens of Taiwan for their important contributions to the work economy and for their efforts in maintaining a free democratic state on the island of Taiwan. Councilman Quast then moved the City join with the County in welcoming the visitors from Taiwan and join with the County in their Resolution. The motion was seconded by Councilman Duncan and carried. .1 X CONSENT AGENDA Councilman Buck moved the Council approve the items listed under the Agenda including Vouchers of $678,794.60 and Payroll of $172,213.10. motion was seconded by Councilman Boardman and carried. Consent The XI STAFF/COUNCIL REPORTS Manager Flodstrom: Informed the Council that the Board of Clallam County Commissioners will be present at the March 17, 1981 meeting to discuss joint use of the hotel/motel tax (city collection and County collection) for possible construction of a convention facility. Councilman Quast: Moved the Council submit the name of Police Chief Mike I Cleland to the office of the governor for a position on the State Jail Com- mission. The motion was seconded by Councilman Buck and carried. Councilman Quast moved the Council authorize staff and the Mayor to submit the City's and Council's concerns regarding the Port of Port Angeles' Harbor Manage- ment plan by the deadline date of March 6th. The motion was seconded by Council- man Duncan and carried. Mayor Haguewood: Read a letter from the Port Angeles Central Labor Council regarding the funds for the Oilport Task Force and the duties of the Task Force. Commissioner Lydiard informed the Council that the County had also received the same letter and is presently preparing a reply. XII ADJOURN TO EXECUTIVE SESSION The meeting adjourned at 10:25 P.M. to an Executive Session. XIII RETURN TO OPEN SESSION/ADJOURNMENT The meeting returned to open session at 11:10 P.M. and was adjourned. ~~.~ City Clerk ~/I;J~~ I