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HomeMy WebLinkAboutMinutes 03/18/1980 ~42 CITY COUNCIL MEETING Port Angeles, Washington March 18, 1980 '1 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 Boardman, Buck, Duncan, Hordyk, Polhamus, Quast. Members Absent: None. Staff Present, Manager Flodstrom, Attorney Miller, Deputy Clerk Caso. R. Rego, A. Rose, P. Carr, M. Cleland, R. Orton, D. Frizzell. Guests Present: R. Anderson, P. Brady, E. Hibbard, M. White, L. Western, M. Olson, C. Rowe, R. Karls, N. Boyce, M. Warren, J. Sobieck, C. Allen, S. Pazan, L. Leonard, R. Jones, P. Jackson, D. Stephens. III MINUTES Prior to Council action on the minutes of March 4 and 6, 1980, Councilman Quast noted that "decision open to the public" should be amended to Itsession open to the public" on page number 333, Items From The Audience Not On The Agenda, second paragraph. Councilman Quast also requested that the March 6, 1980 memorandum from Manager Flodstrom and staff on the Northern Tier discussions be attached to the minutes of the March 6, 1980 meeting. Councilman Buck then moved the Council accept and place on file as corrected the minutes of the March 4 and 6, 1980 meetings. The motion was seconded by Councilman Hordyk and carried. I IV ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Ms. Colleen Rowe addressed the Council to express her' concerns with the lighting at Shane Park. Ms. Rowe pointed out that the lighting may bring about some ad- verse environmental impacts to the area such as increased noise, traffic problems, late night games, and parking, and questioned why an environmental impact state- ment was not prepared, or residential input and comments requested, prior to bidding on the park lighting. This matter was discussed at length by the Council, Ms. Rowe, and Parks Director Frizzell, who explained the proposed locations and number of lights to be in- stalled, the number of games per night and per week, and the amount of proposed construction. The discussion concluded with Manager Flodstrom suggesting that the Park Department meet with the residents in the Shane Park area to discuss possible problems and how these problems can be resolved. V LEGISLATION I. PUBLIC HEARINGS A. Ordinance: Amendment to Comprehensive plan: Retail Stands Mayor Hageuwood read a memorandum from the Planning Department outlining I the Planning Commission's recent investigation of proper regulations for, retail stands such as the "Weenie Wagon." The Planning Commission is recommending an amendment to the Comprehensive Plan and the Zoning Ordi- nance to provide proper regulations. The proposed Comprehensive Plan amendment identifies the major commercial areas (downtown, First and Front Streets and Lincoln Street) as the general location for retail stands. The proposed Zoning Ordinance amendment classifies retail stands for conditional use permits in the commercial zones in those major commercial areas. Under the proposed code, all stands 'must: (A) have a permit from the Clallam County Health Department, when ') 1 '.I ,) 'i: <.J CITY COUNCIL MEETING March 18, 1980 V LEGISLATION 1. Cont. I required; (B) be accompanied by a trash receptacle of a design approved by the City; (C) be a self-contained unit, not requiring utility hook-up to exterior systems, but self-contained power generators are not permitted; and (D) be limited to a period of not to exceed eight months from the is- suance of the permit, unless otherwise stated by the City. To obtain approval from the City, the applicant must meet those standards and the City must determine that: (l) the proposed site and stand together will not create a pedestrian or vehicular traffic hazard; (2) the proposed stand and location are compatible with existing adjacent businesses; (3) the proposed retail stand and location will promote the pedestrian nature of the general area in which it is located; and (4) the proposed retail stand and location shall not endanger the public health, morals, safety and welfare. Mayor Haguewood then opened the public hearing and requested questions or comments from the audience or staff. During the discussion which followed, Mr. Don Alexander, owner of the Weenie Wagon, stated his approval of the proposed regulations, as did his attorney, Ed Hibbard. There were no further comments and the public hearing was closed. Mayor Haguewood then introduced and read by title Ordinance No. 2069 entitled, Ordinance No. 2069 AN ORDINANCE of the City of Port Angeles amending Ordinance No. 188S, the Comprehensive Plan for the City of Port Angeles, concerning Retail Stands in Commercial Districts. I Councilman Hordyk moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Boardman. During discussion on the motion, Planner Carr explained that under these regulations, a retail stand cannot be placed in a parking lot area desig- nated for parking spaces. Mr. Carr also explained the application pro- cedures and what is designated as the "historical downtown area." On call for the question, the motion was passed unanimously by the Council. B. Amendment to Zoning Ordinance: Retail Stands Mayor Haguewood, opened the public hearing on the proposed amendment to the Zoning Ordinance which would provide procedures and standards for retail stands, and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Mayor Haguewood then introduced and read by title Ordinance No. 2070 entitled, Ordinance No. 2070 AN ORDINANCE of the City of Port Angeles amending Ordinance NO. 1709 and the Municipal Code by adop- tion of a new chapter containing procedures and standards for Retail Stands. I Councilman Hordyk moved the Council aodpt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Duncan and carried unanimously. C. Street Vacation: Anderson Mayor Haguewood opened the public hearing on Mr. Anderson's request for vacation of a portion of the west half of peabody Street, north of Vashon Street, and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Councilman Quast then moved the Council concur with the recommendation of the Planning Commission and approve vacation of that portion of Peabody Street lying west of the original centerline of the right-of-way and at least 35 feet from the center of the paved roadway, and refer the matter to the Real Estate Committee for a recommendation on the compen- sation amount. The motion was seconded by Councilman Polhamus and carried. 344 CITY COUNCIL MEETING March l8, 1980 V LEGISLATION 2. RESOLUTION: ALLEY VACATION: QUINN/SEATTLE-FIRST Mayor Haguewood introduced and read by title Resolution No. 8-80 entitled, RESOLUTION NO. 8,80 A RESOLUTION 01 th.. City of Port Ang..l..s s..tting 0 heor'ing date for Q petition to vacate 0 portion of tne olley in Block 132, Thomas W, Corler's Subdi",ision of Suburban lots 11 and 16. WHEREAS, th.. own..r. af interests in real estate abutting upOr'l the olley in Block 132, Thama. W, Car- ter's Subdivision of Suburban lots 11 and 16, he v.. liI..d e petition witl1 the Ci'ty Clerk to make ....aeolian of ':,e east 150 feet of said alley, and WHEREAS, said pelition appears to hove bt'en siglled by the owners of more thon two-thirds 0-1 the property abutting upon the part of said olley saught to b..vaea'ed, ilman Duncan moved the Council schedule a public hearing date of NOW, THEREFORE, BE IT RESOLVED BY THE COVNCll I 1, 1980 for consideration of this request. The motion was seconded OF THE CITY OF PORT j ANGEtESo.la!lows: .,uncilman Quast and carried. Section 1. The petitioh to 1 make such vocot;?n sholl te tUNG COMMISSION heard and determined by thIS' Council on th.. 6th doy 01 May, 1.980, which i. not mare t:' Haguewood noted that there was no action taken by the Planning Com- than SIxty (60) day. nor Ie.. , than twenty (20) day. ion at their meeting of February 26, 1980, and therefore he did not read , he~ea:.ter'2 Th cly CI k '. ~inutes.Mayor Haguewood then read the Planning Commission minutes of her:b~on di"rect:d I to ergiv'e ~ 12, 1980, with the following action being taken by the Council: , twenty (20) day. noliee 01 the i pendency of said petition according to lhe provi.;ons of Conditional Use Permit: stephens RCW 35,79,020, I PASSED by the Council of the City 01 Port Angeles this 1ayor Haguewood opened the public hearing on Ms. Stephens request for lBth dO~~~~~[5\~;~wood ~n extension of a conditional use permit to operate a floral decoration MAYOR usiness as a home occupation at 804 East Second Street, and requested ATTEST uestions or comments from the audience or staff. There were no com- Marion C. Parrish. City Clerk APPROVED AS TO FORM, ents and the public hearing was closed. Councilman Hordyk then moved C'aigl'Miller,Ci,y~tlOr~ he Council concur with the recommendation of the Planning commission Pub,: March 30, April 13 Mav4,1980. nd approve a two year extension to Ms. stephen's existing Home occupa- tion, subject to the same conditions, and further subject to earlier review in the event any complaints are received. The motion was seconded by Councilman Quast and carried. Resolution No. 8-80 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of the alley in Block 132, Thomas W. Carter's Subdivision of Suburban Lots 11 and 16. I ilman Duncan moved the Council adopt the foregoing Resolution as read tIe by Mayor Haguewood, setting a public hearing date of May 6, 1980 onsideration of this petition, and refer the matter to the Planning ssion for a recommendation. The motion was seconded by Councilman and carried. E HEARING: SCHOOL DISTRICT #12l I B. Conditional Use Permit, Heath Mayor Haguewood opened the public hearing on Ms. Heath's request for a conditional use permit to establish a duplex occupancy in a single-family residential zone, located at 906 West'Fourteenth Street, 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 recommendation of the Planning Commission and approve the conditional use permit on the grounds that it has been used as a duplex without any problem. The motion was seconded by Councilman Hordyk and carried with Councilmen Polhamus and Quast voting "NO." Following this action, Councilman Quast questioned Planner Carr in regard to this ap- plication being brought before the Commission and Council only because the owner was "caught." c. Conditional Use Permit: White I Mayor Haguewood opened the public hearing on Ms. White's request for a conditional use permit to sell and deliver Stanley Home Products as a Home Occupation at 832 West Fourteenth street, 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 recommendation of the Planning Commission and approve the conditional use permit, subject to the standard guidelines, for an initial period of one year. The motion was seconded by Councilman Hordyk and carried. j 3 ~~~>>Ik'-':GIk~~NG , AILSO 'SJOqtfSuilu '~::>OJI !o~ 4.6019 puo saa.J' JClElIJ6 pI 1'1 PUDJq '$~OUlqD~ ,""Uj "HlM ; R sedo.lp WOJ.~n::> . lIEl1'4J~Pf "'" . ::>aJ '$I.f,oq ~ ~~Qlda.J!* '1~l ~ YO I U.OOJpaq., . ' t N N IlL ~ TION: ALLEY VACATION: QUINN/SEATTLE-FIRST introduced and read by title Resolution No. 8-80 entitled, Resolution No. 8-80 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of the alley in Block 132, Thomas W. Carter's Subdivision of SUburban Lots 11 and 16. I Councilman Duncan moved the Council adopt the foregoing Resolution as read by title by Mayor Haguewood, setting a public hearing date of May 6, 1980 for consideration of this petition, and refer the matter to the Planning Commission for a recommendation. The motion was seconded by Councilman Quast and carried. 3. REZONE HEARING: SCHOOL DISTRICT #121 Councilman Duncan moved the Council schedule a public hearing date of April I, 1980 for consideration of this request. The motion was seconded by Councilman Quast and carried. 4. PLANNING COMMISSION Mayor Haguewood noted that there was no action taken by the Planning Com- mission at their meeting of February 26, 1980, and therefore he did not read the minutes. Mayor Haguewood then read the Planning Commission minutes of March 12, 1980, with the following action being taken by the Council: A. Conditional Use Permit: Stephens Mayor Haguewood opened the public hearing on Ms. Stephens request for I an extension of a conditional use permit to operate a floral decoration , business as a home occupation at 804 East Second Street, and requested questions or comments from the audience or staff. There were no com- ments and the public hearing was closed. Councilman Hordyk then moved the Council concur with the recommendation of the Planning Commission and approve a two year extension to Ms. Stephen's existing Home Occupa- tion, subject to the same conditions, and further subject to earlier review in the event any complaints are received. The motion was seconded by Councilman Quast and carried. Conditional Use Permit: Heath B. Mayor Haguewood opened the public hearing on Ms. Heath's request for a conditional use permit to establish a duplex occupancy in a single-family residential zone, located at 906 West'Four~eenth Street, 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 recommendation of the Planning Commission and approve the conditional use permit on the grounds that it has been used as a duplex without any problem. The motion was seconded by Councilman Hordyk and carried with Councilmen Polhamus and Quast voting "NO." Following this action, Councilman Quast questioned Planner Carr in regard to this ap- plication being brought before the Commission and Council only because the owner was "caught." C. Conditional Use Permit: white I Mayor Haguewood opened the public hearing on Ms. White's request for a conditional use permit to sell and deliver stanley Home Products as a Home Occupation at 832 west Fourteenth Street, 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 recommendation of the Planning Commission and approve the conditional use permit, subject to the standard guidelines, for an initial period of one year. The motion was'seconded by Councilman Hordyk and carried. 345 CITY COUNCIL MEETING March 18, 1980 V LEGISLATION 4. Cont. D. Shoreline Management Permit: Crown Z I Mayor Haguewood opened the continued public hearing on Crown Z's request for a Substantial Development Permit for a commercial log unloading facility located on Ediz Hook, Port Angeles Harbor, and requested com- ments or questions from the audience or staff. There were no comments and the pUblic hearing was closed. councilman Hordyk then moved the Council concur with the recommendation of the Planning Commission and approve the permit, contingent upon further approval by the Department of Fisheries and the Corps of Engineers, citing as his findings of fact that the proposed development is allowed in the urban environment; meets the development reqUirements for landfill; and complies with the Shore- line Master Program, the Zoning Ordinance, and the Comprehensive Plan. The motion was seconded by Councilman Boardman. During discussion on the motion, Mr. Phillip Jackson questioned the Council and Manager Flodstrom as to the source of the fill material and the route the trucks will take in transporting fill material to the landfill site. Mr. Jackson pointed out that in previous situations such as this, trucks were using "M" and Hill Streets instead of the Truck Route. The Council discussed this matter at length with Manager Flbdstrom and Mr. Roy Jones, Crown zellerbach's engineer in charge of the project. Councilman Buck then moved to amend the motion to designate that the Truck Route will be used as access to Crown z's substantial development project on Ediz Hook. The amendment to the motion was seconded by Councilman Hordyk and carried. The original motion as amended was then passed by the Council. E. Conditional Use Permit: Warren and Boyce I Mayor Haguewood opened the public hearing on Ms. Warren and Boyce's request for a conditional use permit to conduct a janitorial service as a home occupation at 220 East Tenth Street, and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Counoilman"Boardman then moved the Council concur with the recommendation of the Planning Commission and approve the request for a period of one year, on the condition that Ms. Boyce does not park her car at the Warren premises during the business hours. The motion was seconded by Councilman Buck and carried. F. Councilman Buck moved the Council accept and place on file the minutes of the Planning Commission meetings of February 26 and March 12, 1980. The motion was seconded by Councilman Duncan and carried. 5. ROOSEVELT GYMNASIUM Mayor Haguewood read a memorandum from Parks Director Frizzell regarding the Park Board's review and recommendations on the proposed Ordinance which es- tablishes rules and regulations for the City gym facility. The Park Board recommended changes to Section 2 (permitted activities); section 3 (regula- tions which apply to the use of liquor in the.facility); and section 4 (review of the applications). Mayor Hageuwood then introduced and read by title Ordinance No. 2071 entitled, I Ordinance No. 2071 AN ORDINANCE of the City of Port Angeles establishing rules and regulations for the use of the city gymnasium, and providing penalties for violations. councilman Hordyk 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, Attorney Miller pointed out that the phrase ". . . if operated, sponsored, or promoted by a civic, charitable, or other non-profit organization corporation" had been left out of Section 2 of the proposed ordinance by mistake. Councilman Polhamus, Parks Director Frizzell and Attorney Miller then discussed this 'at~l~Jlwith Councilman Polhamus 346CITY COUNCIL MEETING March 18, 1980 V LEGISLATION 5. Cont. questioning why only non-profit organizations will be allowed to use the facility. Councilman Buck then moved to amend the ordinance to include the words ~'. . .if operated, sponsored, or promoted by a civic, charitable, or other non-profit organization corporation" in Section 2. The motion to amend was seconded by Councilman Hordyk. During discussion on the motion, the Council continued their discussion on non-profit organizations and the use of the facility by a minimum of 300 people at any event re- quiring a liquor permit. On call for the question, the motion to amend the ordinance was passed by the Council with Councilman Polhamus voting "NO." The Council then voted on, and passed, the motion to adopt the ordinance as amended, with Councilman pol.hamus again voting "NO." I 6. EXPANSION OF WATER RATE ANALYSIS Mayor Haguewood read a memorandum from Finance Director Orton concerning expansion of the consultant contract with Economic and Engineering Services to. assist him in completing forecasts necessary to calculate final water rates. Mr. Orton outlined the tasks which need to be completed, and re- quested authorization to expend the additional funds to complete the water rate analysis program. Councilman Buck then moved the Council authorize additional funds up to $2,000 to complete the water rate analysis with EES. The motion was seconded by Councilman Duncan and carried. 7. REQUEST TO PURGlASE PROPERTY: R. W. LARSON During the September 25, 1979 regular Council meeting, the Real Estate Com- mittee recommended sealed bids for property which Mr. R.W. Larson had offered to purchase from the City. The subject property was Lots 13 through 18, Block 451, on 18th Street between "D"" and "E" Streets; minimum bid recommended by the Committee was $5,000 plus assume the LID. During this meeting, Mayor I' Haguewood referred to a letter from Mr. Larson in which he offers a bid of $3,000 ($500 per lot) for the property. Councilman Quast then moved the Council refer Mr. Larson's offer to the Real Estate Committee for a re- commendation. The motion was seconded by Councilman Hordyk. During dis- cussion on the motion, Councilman Hordyk suggested that the Council reject Mr. Larson's bid and wait until the property is again up for public bid. On call for the question, the motion was passed by the Council. 8. PRESENTATION: SELF-INSURANCE: CITY WORKMAN'S COMPENSATION OBLIGATIONS Finance Director Orton gave a presentation to the Council on his research towards self-insuring Workman's Compensation obligations. Subjects dis- cussed included the City's application for withdrawal from the State Fund and the restrictions attached; the risks and financial impacts involved in self-insurance; the need of a professional firm for claims administration: savings through Self-insurance and the need to build up the reserve fund to survive "shock" claims; the impact of self-insurance on employees and the possibility of using the self-insurance funds to provide for a part- time or full-time safety officer; and the City's present accident review procedures and employee safety education. There were then several ques- tions from the Council. The discussions concluded with Mr. Orton pointing out that a decision does not need to be made until April and he will have another report on his research in the near future. Mayor Hageuwood read a PROCLAMATION proclaiming the week of April 13-19, 1980 as Medical Laboratory Week in Port Angeles. I 9. PROClJ\W\TION 10. APPOINTMENTS: SENIOR CENTER ADVISORY BOARD Councilman Polhamus moved the Council approve the appointments of Jane Grasty, Rev. Ted Mattie, Dewey McDonald and Marie Senecal to the Senior' Center Advisory Board for three year terms effective March I, 1980. The motion was seconded by Councilman Duncan and carried. Manager Flodstrom will write letters of appreciation to the outgoing members. CITY COUNCIL MEETING March 18, 1980 347 VI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. VII FINANCE 1. L.I.D. NO. 203 I Councilman Hordyk moved the Council authorize payment of $11,771.26 to Clark and Associates for the final engineering design on the downtown LID project. The motion was seconded by Councilman Polhamus and carried with Councilman Duncan abstaining under the Appearance of Fairness Doctrine. VIII CONSENT AGENDA Councilman Hordyk moved the Council approve 'the items listed under the Consent Agenda including Vouchers Payable of $253,966.83, LID's of $lO,401.01 and Pay- roll of $38,588.40. The motion was seconded by Councilman Duncan and carried. ItemS listed under the Consent Agenda are as follows: 1. Authorize payment of $14,614.95 to URE Company for engineering services for final design of the Tumwater Bridge replacement. 2. Authorize payment of $'2,~i:4.00,to Richard Carothers and Associates as the final payment on the Waterfront Trail Plan Study. 3. Authorize payment of $10,845.38 to Cohen, Andrews and Keegan for legal services at the EFSEC hearings. I 4. Notification has been received from the Washington State Liquor Control Board of a special occasion Class 1 license application by Harrington's Town House, for March 29, 1980 at the Elks Building, 1st and Lincoln St.; and a Class E, F license renewal for Hansen's westside Grocery, 1434 West Fifth street and Handi-Spot Grocery, 529 East First Street. VIX LATE ITEMS None. X STAFF REPORTS Manager plodstrom: Informed the Council that the Downtown Improvement Group will make a presentation to the council at the April 1, 1980 meeting on the Downtown LID project. Announced that the City has a new Director of Public Works - Mr. Jack Pittis, City Engineer for the City of Mt. Vernon, will be starting work effective April 1, 1980. Gave a brief status report on the Light Director and Fire Chief positions. Noted that he and City Engineer Rose will be working with the Post Office in regard to the sidewalk on 2nd Street. Reminded the Council of the special meeting on March 20th to dis- cuss the Northern Tier negotiations. Councilman Hordyk: Conunended Police Chief Cleland on the new "espirit de Corps" in the Police Department Reserves. Councilman Duncan: Questioned whether the sign on Front Street for the Chinook Cafe is in compliance with the sign ordinance. I Councilman Polhamus: Questioned Planner Carr in regard to the dimensions for retail stands - what designates a '''small structure." XI ADJOURNMENT The meeting adjoured at 9:30 P.M. to an Executive Session. ~~e.~ City Clerk ~<<P1J4"1~ -""Mayor