HomeMy WebLinkAboutMinutes 03/19/1985
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CITY COUNCIL MEETING
Port Angeles, Washington
March 19, 1985
I CALL TO ORDER
Mayor Whidden called the meeting to order at 7:00 P.M.
II ROLL CALL
Members Present: Mayor Whidden, Councilmen Gerberding, Haguewood, Hordyk,
Quast, Schermer, Stamon.
Members Absent:
None.
Staff Present:
Manager Flodstrom, Attorney Knutson, Deputy Clerk
Anderson, P. Carr, M. Cleland, R. Saville, J. HiCks,
L. Glenn, J. Pittis, R. Orton, A. Rose, G. Booth,
M. Lannoye, M. Emery, T. Gossage.
Public Present:
R. White, G. & G. Mattson, L. Sunny, M. Fischer,
G. Austin, S. Fahnestock, D. Price, L. McPhee,
III MINUTES
Councilman Hordyk moved the Council accept and place on file as received
the minutes of the March 5, 1985, meeting. Councilman Gerberding seconded.
councilman Quast corrected Item 14, to indicate that Councilman Gerberding
had seconded the motion. On call for the question, the motion carried.
IV CONSENT AGENDA
Councilman Schermer moved the Council accept the items listed under the
Consent Agenda, including (I) Liquor License Application by American Cancer
Society; (2) Request for quotes to provide aerial photography; (3) Request
permission to call for bids on a "hole-hog"; and (4) Vouchers of
$124,875.16 and Payroll of $207,642.94. Councilman Hordyk seconded.
Following discussion, the motion carried.
V FINANCE
I. Payment Authorized to Riddell Williams for WPPSS Representation
Councilman Gerberding moved to authorize payment to Riddell Williams in the
amount of $IO, 544. 31. Councilman Hordyk seconded. Councilman Haguewood
noted concern and inquired of the City Attorney if the end of these costs
was foreseeable. Attorney Knutson stated that the increased costs were due
to trial preparation and depositions taken in the massive securities fraud
case. He stated that the trial date is still approximately a year away and
that continuance of these costs can be anticipated until then. He stated
that resolution of some cases had occurred, but that this one key case
remains and is taking a lot of attorneys' effort taking depositions on the
east coast and the west coast and that this is expensive. Councilman
Haguewood felt the public should be made aware that this kind of litigation
is expensive and that the City is paying. Councilman Schermer felt it
regrettable that the litigation was so expensive. councilman Quast also
noted great concern and stated that in 1976, Bonneville Power Administra-
tion had come before the council informing them that by 1983 there would be
brown-outs, black-outs, and a shortage of electricity. He stated at that
time the Council felt it was "over a barrel". He stated that currently
when a Federal government agency comes before the Council, things are
handled a little differently. He noted that the Federal government had
informed the City that a secondary treatment plant costing from $8 to $9
million and maybe more, which would increase the sewer rates of the
citizens of Port Angeles to up to $40 per month per household, must be
constructed. He stated that the City had taken this matter to Court and is
not accepting the dictates of the Federal government. He felt the same
about the Federal government's requirement for a new City Hall because the
present City Hall is not accessible to the handicapped. He felt that the
Federal government should provide funds and fulfill the handicapped require-
ments ,~ith Federal buildings. He stated that the Council should be more
careful with what is being told to the City unless funds are provided by
the Federal government for projects. He felt that in 1976, the City was
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March 19, 1985
pushed over a little bit too easily and will be paying for years. Council-
man Hordyk noted that the City did not join WPPSS; that a contract was
signed for buying power from them, but the City did not join the organiza-
tion. Councilman Quast agreed that the City was not given a vote, but was
having to pay. Following discussion, the motion carried.
2. Consideration of Bid Award for Insulation at Senior Center
Councilman Quast moved to accept the bid from Certified Insulation in the
amount of $5,019.16 for insulation at the Senior Center. Councilman Stamon I
seconded. Councilman Hordyk inquired whether the engineer's estimate had
been prepared for unfaced batts. In the interest of confirming this,
Councilman Hordyk moved to table decision on the bid award. Councilman
Stamon seconded. (The bid was subsequently awarded. See Late Items.) The
motion to table carried.
3. Bid Awarded for Aerial Man-Lift Truck to Utility Equipment
Finance & Administrative Services Director Orton outlined staff's tabula-
tion of the aerial man-lift bids. Councilman Quast felt it unfortunate
that some bids did not meet specifications. He felt that some exceptions
to the bid specifications could be very quickly changed. He felt. that
maybe the City ought to express this in a letter to one firm. Councilman
Quast then moved that the bid be awarded to to Utility Equipment, Inc., for
the Hi-Ranger 4E-35PMI in the amount of $33,895, due to the fact that this
company made no exceptions to the bid specifications. Councilman Hordyk
seconded and the motion carried.
VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA
George Mattson, requested to be placed on the Agenda after Item 5-A to
respond to some pertinent items within the City Hall Site Review Committee
Report.
James Harper addressed the Council. The Council explained that Mr. I
Harper's request had been placed on the Agenda under Item No. 13.
Discussion of Covered Tennis Facility
Mark Fischer requested permission to read a letter regarding covered tennis
courts in Port Angeles. The Council concurred to consider this item imme-
diately. Dr. Fischer then read the letter, explaining that a fund had been
established for the construction of a covered tennis facility in Port
Angeles and that approximately $3,000 existed in the fund through contribu-
tions and donations from interested citizens. The letter indicated that
the priority of covering a new or used tennis court has been significantly
reduced because of IAC criteria not favoring indoor facilities. The letter
also noted that the Port Angeles School District had recently decided to
look into the feasibility of a new outdoor tennis facility and that the
School Board had reportedly elected to avoid participation in an alternate
proposal to build a covered facility at the Clallam County Fairgrounds.
The letter noted concern that the School District and the City had future
plans that were divergent and might dilute the possibility of an indoor
tennis center. The letter requested the two entities work together in
developing a feasibility plan for consolidating the concept and its financ-
ing. Following further discussion at length, Councilman Quast moved that
the Park, Recreation and Beautification Commission consider this item as
the priority item on the next agenda and make a report to the Council in
their next minutes. Councilman Schermer seconded, requesting that either a
Parks, Recreation and Beautification Commission member or a representative I
from the Council meet with the School District to discuss the total tennis
facility needs of this community. He felt that it was not a good idea for
the City and the School District to be going in opposite directions. He
felt the two entities should combine and coordinate their efforts and not
separate their potential ability to build good quality tennis courts for
the community. Councilman Quast reiterated the City's plan to (1) renovate
Erickson Playfield; (2) expand Erickson Tennis Courts; and (3) hopefully
cover a portion of the tennis courts. Following further discussion, on
call for the question, the motion carried.
ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA
None.
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CITY COUNCIL MEETING
March 19, 1985
VII LEGISLATION
I. Public Hearings
A. Zoning Code Amendments
Mayor Whidden opened a public hearing for the purpose of reviewing the
following Zoning Code Amendments: ZCA-85(2)1, Conditional Use Permit
extensions; ZCA-85 (2) 2, Gasoline service islands in CSD District;
ZCA-85(2)3, Temporary structures; ZCA-85(2)4, Car washes in CSD District.
Attorney Knutson explained that these four Zoning Code amendments were
contained in two ordinances; specifically, one Ordinance included amend-
ments on conditional Use Permit extensions, and the remaining three Zoning
Code amendments were incorporated into one ordinance. Mayor Whidden asked
for comments from the audience on these proposed amendments. There were no
comments. He therefore closed the public hearing and read the first
ordinance by title entitled
ORDINANCE NO.
2334
AN ORDINANCE of the City of Port Angeles
amending Article IV, Section, 7, Article x,
Section 6, and Article XI, Section 7, of
Ordinance 1709, the Zoning Code.
Councilman Schermer moved to adopt the Ordinance as read by title.
Councilman Gerberding seconded and the motion carried.
Mayor Whidden read the second Ordinance by title entitled
ORDINANCE NO. 2335
AN ORDINANCE of the City of Port Angeles
amending Section 9 of Ordinance 1796
and Section 2.52.090 of the Port Angeles
Municipal Code.
Councilman Hordyk moved to adopt the Ordinance as read by title.
Councilman Stamon seconded and the motion carried.
B.
Street Vacation Ordinance Adopted
SV-85(3)1 - Portion of vine Street
Schoenfeldt/Peacock
Upon request from Mayor Whidden, City Planner Carr outlined the street
vacation application, stating that generally speaking, this would be a
bookkeeping measure, provided an easement be retained for utilities in that
alley. John Spiess, co-consultant of North Olympic Home Designers, then
addressed the Council, stating that title reports indicated that this area
had been vacated already. He explained that this was the process of making
sure that everything was cleared up - the City records, County records - in
order to agree with the title report. Mayor Whidden then asked for further
comments. There were none. He therefore closed the public hearing and
read the ordinance by title, entitled
ORDINANCE NO.
2336
AN ORDINANCE of the City of Port Angeles
vacating that portion of Vine Street
lying between Va shan Avenue and Park
Avenue and abutting Lots 1 and 20 of
Block 2 and abutting Lots 10 and 11 of
Block 1, together with the south one-half
of the alley abutting Lots II and 12,
Block 1, all in puget Sound Cooperative
Colony's Second Addition.
Councilman Stamon moved to adopt the Ordinance as read by title. Council-
man Quast seconded, favoring amending Section 2 of the Ordinance, that the
compensation for this be $1. Upon further discussion, he reconsidered and
felt that the compensation should be $0, as this was merely a bookkeeping
matter. Councilman Stamon then amended the motion, to include that no
compensation be charged to the applicant and to cite the following findings
of fact: (A) Without rededication or grant of easement, the rights-of-way
cannot be used for public access or utility purposes; (B) There are no
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immediate impacts on traffic patterns, utility services, or public safety
in this vicinity; (Cl Consolidation of these rights-of-way into the adja-
cent lots will assist in clearing title to the properties to be placed on
the tax rolls and enhance the tax base of the community. On call for the
question, the motion, as amended, carried.
2. Planning Commission Minutes of March 13, 1985
A. Shoreline Management Permit Approved - Merrill & Ring
Application has been made for a permit to allow expansion of the existing I
wood-chip facility, including installation of a chip belt conveyor, chip
feeder and blower, along with maintenance dredging adjacent to the existing
pier, located on the north side of Marine Drive, west of the Port Angeles
Boat Haven. Councilman Quast moved to concur with the Planning Commission's
recommendation to grant the Shoreline Management Permit, subject to the
condition that the Public Works Department be provided with a plan or
drawing showing an adequate and effective conveyor enclosure. He cited the
following findings of fact: (1) The proposed project conforms with the
Shoreline Master Program; (2) The site is identified for industrial uses in
the Comprehensive Plan; (3) The proposed project complies with the City
Zoning Ordinance. Councilman Schermer seconded for the sake of discussion.
Dick Stroble of Merrill & Ring, stated he would be happy to have the
engineers draw a sample of the standard type of conveyor cover for approval
by the City. Following discussion. on call for the question, the motion
carried.
B. Temporary Use Permit Approved - Warren
A request has been made for an extension of a Temporary Use Permit allowing
the use of a mobile home as a residence for elderly parents in the RS-7
Zone, located on the northwest corner of 18th and Reyes. Councilman Hordyk
moved to concur with the Planning Commission's recommendation to grant the
request for the two-year extension of the Temporary Use Permit. Councilman
Schermer seconded and the motion carried.
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C. Conditional Use Permit Approved - Thanheiser
A request has been made for a Conditional Use Permit allowing a Retail
Stand ("Weenie Wagon") in the Central Business District, located on the
northeast corner of Lincoln and First Streets. Councilman Quast moved to
concur with the Planning Commission's recommendation to approve the Condi-
tional Use Permit subject to the following conditions: (1) That a fire
extinguisher and power source approved by the City Fire Chief be installed;
(2) The applicant sign a hold-harmless agreement with the City; (3) If the
retail stand proves to be an impediment to pedestrian traffic, the use will
vacate the site on inspection by and order of the City Engineer; (4) Permit
shall be valid for two years. Councilman Stamon seconded and the motion
carried.
D. Conditional Use Permit Granted - Huether
Request has been made for a Conditional Use Permit allowing a beauty shop
as a Home Occupation in the RS-7 Zone, located at 815 West Ninth Street.
Councilman Stamon moved to approve this Conditional Use Permit, as recom-
mended by the Planning Commission, subject to the following conditions:
(ll Only one operator be present; (2l Customers be notified that they must
park in the carport; (3l One 2AlOBC dry chemical fire extinguisher be
installed per NFPA #10; and citing the following findings: (Al The beauty
shop as a Home Occupation will not introduce excessive noise, vibration or
odor into this residential area; (bl Properly controlled, vehicular traffic
and on-street parking will not be significantly increased; {cl The Horne
Occupation will not adversely affect nearby residential properties; (d) It
will not endanger the public health, safety, morals, or welfare and is in
the public interest. Councilman Hordyk seconded. Following discussion,
the motion carried.
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E. Conditional Use Permit Extended - Matthews
Request has been made for an extension of a Conditional Use Permit allowing
the seasonal retail sale of bait and tackle as a Home Occupation located at
323 East 13th Street. Councilman Hordyk moved to concur with the Planning
Commission's recommendation to extend the Conditional Use Permit subject to
the conditions established by the Planning Commission in 1981 and 1983.
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CITY COUNCIL MEETING
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Councilman Schermer seconded. Councilman Quast asked if there had been
complaints about the boat parked in front with very large letters. City
Planner Carr stated that no complaints had been received for 4 or 5 years.
He stated that 4 or 5 years ago, there was more observation than complaint.
The motion carried.
F. Minutes Accepted
Councilman Hordyk then moved that the Planning Commission minutes of March
13, 1985, be accepted and placed on file. Councilman Stamon seconded.
Councilman Quast asked for clarification on Item No. 6 of the Planning
Commission minutes. Councilman Quast noted Commissioner Glass's reference
to bed and breakfasts. Councilman Quast then asked Planner Carr if there
were, in fact, bed and breakfasts operating in Port Angeles without a
permit. City Planner Carr indicated that this might be true, as some bed
and breakfasts are operated seasonally. He stated that the owners of these
facilities were difficult to contact. Mayor Whidden noted the safety
aspects and the need for fire inspections. On call for the question, the
motion to accept the Planning Commission minutes carried.
3. Shoreline Permit'for British Petroleum Amended
Manager Flodstrom outlined the proposed amendment; specifically, a change
in the fire protection condition of the Shoreline Permit, as the City has
established limited shoreline fire protection with the City Harbor Utility
Boat (CHUB). Manager Flodstrom then introduced to the Council Bob White of
British Petroleum. Mr. White answered questions from Councilmembers.
Councilman Quast inquired about the steel plates which are to the west of
the new fence. Mr. White explained that these are part of the tanks that
are now under construction. Councilman Gerberding inquired as to whether
there was going to be a public viewpoint available. Manager Flodstrom
indicated that this was not one of the conditions of the Shoreline Manage-
ment Permit. Councilman Quast noted that there is now a large quantity of
gravel which has been placed on the western side of the tank farm wall
which does provide a viewpoint. He inquired if this would remain open to
the public. Mr. White noted that this was the intention of British
Petroleum at this time. Councilman Quast felt that this would meet with
the informal agreement. The discussion then centered on the City Harbor
Utility Boat (CHUB). During this discussion, Councilman Gerberding
inquired whether training would be provided for Port Angeles Firefighters
in the operation of CHUB. Fire Chief Glenn noted that the State Firefight-
ing Academy in North Bend does have such training available. Manager
Flodstrom indicated there would also be cross-training of City employees
and British Petroleum employees. . Following further discussion, Councilman
Schermer moved to accept the recommendation and amend Condition No. 3 of
Shoreline Permit SMA-83(1)57 to read as follows: "That a boat, approxi-
mately 30 to 35 feet in length and equipped with marine firefighting
equipment as required by the Fire Department, be made available by the
applicant wi thin a five-minute call time." Councilman Stamon seconded.
The motion carried.
4. Presentation by Dick Goin Regarding Re-Establishtng the Anadromous
Fisheries on the Upper Elwha
Mr. Goin addressed the Council, providing background on the native Chinook
stock existing in the Elwha River. Mr. Goin requested letters of support
for this project in an attempt to assure that funding is continued. Coun-
cilman Quast moved to instruct staff to prepare a letter for the Mayor's
signature to the appropriate agencies and Congressman Swift, Senators
Gorton and Evans, to point out some of the facts presented by Mr. Goin, as
well as the economic impact and the necessity of fishing for this community,
and requesting continuation of the funding for this project. Councilman
Stamon seconded. Mr. Goin noted that this project was funded through the
Olympic National Park. The motion carried.
councilman Schermer commended Mr. Goin for his efforts on behalf of this
project.
5. City Hall Project Information
A. Final Report to Council by Jerry Cornell, Chairman, City Hall
Site Review Committee
Mr. Cornell addressed the Council, referring to the report which had been
submitted to Councilmembers in their Council packets earlier. Mr. Cornell
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March 19, 1985
discussed with the Council specific items of the report. Councilman Quast
referred to a sentence in the preface regarding the prioritizing of issues
in regard to the City Hall. He felt that employee satisfaction was a very
important issue and should be addressed considerably. Mr. Cornell stated
that staff had left the impression that there is no strong preference among
employees as to the site of the new City Hall. Mr. Cornell explained that
the first motion of the Committee was to accept the need for a new City
Hall and that need was not further discussed during Committee meetings.
The Committee meetings centered on site. Councilman Hordyk commented that
he felt Jerry Cornell had done a fantastic job. Councilman Gerberding I
noted that Mr. Cornell had presented the report in an objective manner, not
influencing it by his own personal views. He also stated that Mr. Cornell,
at this time, should be relieved of the position of Chairman in order to
provide his own personal views on the site selection. Mr. Cornell
commended all of the Committee members for their cooperation and mutual
respect.
George Mattson then addressed the Council. The Council and Mr. Mattson
concurred Mr. Mattson' s report would be presented at the public hearing
March 26, 1985, at which time all individual comments will be received.
Councilman Quast noted, for public information, that a public'hearing would
be held Tuesday, March 26, 1985, at 7:00 P.M. in the City Council Chambers
at City Hall for the purpose of receiving public input on the City Hall
site selection.
B. Financing Options of a New City Hall
Manager Flodstrom presented a written report prepared by staff to the
Council on the financing options for a new City Hall to enable the Council
to review the report prior to the public hearing on March 26th.
C. Draft Environmental Impact Statement on City Hall
Manager Flodstrom also presented the Draft Environmental Impact Statement I
prepared by staff for the Council's review prior to the public hearing on
March 26, 1985.
Councilman Stamon thanked staff for providing information to the Committee,
stating that she felt they went over and above what was required of them.
Councilman Schermer commended staff for the timeliness in which they
compiled these extensive reports.
6. Right-of-Way Obstruction Permit Granted - Mustang Club - Sidewalk
Obstruction Permit 85-02 - Olympic Tire, Inc.
Following discussion, Councilman Schermer moved to accept the recommenda-
tion of the Public Works Department and approve the permit with the con-
dition that the alley ~ould be unobstructed during the proposed car show,
so that emergency vehicles will have access through the area. Councilman
Schermer also cited the following findings of fact: (I) The permit appli-
cation complies with the standards and terms of the applicable ordinance;
(2) Adequate provisions have been made for emergency traffic in the alley.
Councilman Stamon seconded. Councilman Gerberding inquired of the Police
Chief if any problems existed. Chief Cleland noted that all problems have
been answered by the applicant. On call for the question, the motion
carried. Councilman Quast noted that the Council is very grateful to these
citizens for bringing special events of this nature to the community.
7.
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Letters from Port Angeles Salmon Club and Derby Days Regarding RV
Parking on Ediz Hook
Manager Flodstrom explained the interest of the Salmon Club and Derby Days,
Inc., in allowing RV parking on Ediz Hook during Derby Days and during the
Derby itself. He stated that the Salmon Club is very interested in working
with local RV parks and is anxious to talk with them. Councilman Stamon
inquired as to who would be providing policing. Manager Flodstrom
explained that the Salmon Club has indicated they are willing to do
policing, as well as provide assistance to people needing directions or
accommodations. He explained that the site will only accommodate fully
self-contained equipment. He stated that cooperation of the State Patrol,
City of Forks, City of Sequim, and Clallam County Sheriff's Department will
be provided for traffic control during Derby Days itself. Mayor Whidden
also noted that the stand installed last year by the City providing
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CITY COUNCIL MEETING
March 19, 1985
information on local RV and trailer parks will be in place once again this
year. Councilman Quast moved the City Council authorize the Parks and
Recreation Department, as well as the Police Department, to cooperate with
the Port Angeles Salmon Club and other interested parties in establishing
the goals as outlined previously by the Council concerning Ediz Hook and RV
parking. Councilman Gerberding suggested that staff be instructed to
prepare a one-time amendment to the ordinance. Councilman Schermer also
suggested staff investigate using Coast Guard property during this time.
Councilman Quast noted how fortunate the City is for the cooperation of the
Fisheries Department in keeping the Chinook season open this summer.
Councilman Stamon seconded the motion, which carried unanimously.
8. Traffic Modifications at Eighth and Race Intersection
Public Works Director Pittis reviewed the recommendations of the Public
Works Department for the Eighth and Race Street intersection. Mrs. Lu
McPhee of the Parkway Grocery then addressed the Council. Mrs. McPhee
stated that the Parkway Grocery has been severely impacted since September
of 1984 when the street was repaved. Mrs. McPhee objected to the altera-
tions and the recommendations of the Public Works Department and discussed
the matter with the Council at great length. Mrs. McPhee requested the
traffic pattern go back to the way it was. Following further discussion at
great length, Councilman Haguewood moved to put the intersection at Eighth
and Race back the way it was. Following further discussion, Councilman
Haguewood clarified that the intersection be put back the way it was after
the traffic signals had been installed and before the resurfacing had taken
place. He also made it a condition of his motion that the City monitor
this intersection for a year and if there are any problems at the end of
the year, the matter be brought back before the Council. Councilman Hordyk
seconded. The motion carried, with Councilman Quast voting ItNo". Council-
man Quast noted grave concern over the possibility of congestion due to
left turns at the intersection during summer months when many tourists
would be traveling to the Olympic National Park.
Tony Breen, of Pacific Office Equipment addressed the Council, stating that
for a while there had been a left turn only lane and that all the traffic
was blocked because of people turning left and traffic had not been able to
go south. He stated it created a horrible bottleneck.
9. Consideration of Application for Acquisition of Ediz Hook
Manager Flodstrom referred to a letter and copies of the application to the
Bureau of Land Management which had been included in the Council's packet.
Manager Flodstrom offered to provide copies of the remaining 40 pages of
the application to any Councilmembers requesting them. Manager Flodstrom
explained that one of the conditions of the application was included in
ltem No. 10 on the.Agenda, passage of a Resolution indicating the City's
intent to acquire the property.
10. Resolution Passed Indicating the City Council's Intent to Acquire a
Portion of Ediz Hook From the Federal Government
Mayor Whidden read the Resolution by title, entitled
RESOLUTION NO. 7-85
A RESOLUTION of the City of Port Angeles,
WaShington, indicating the City's desire
to obtain a portion of Federal property
on Ediz Hook.
Councilman Stamon moved to pass the Resolution as read by title. Council-
man Gerberding seconded. Councilman Hordyk stated his opposition to the
acquisition of Federal property on Ediz Hook. He felt that the City cannot
afford it. He felt that if the property was purchased for recreational
purposes, a sewer would not be installed and a sewer system definitely
should be installed on the Hook. He instructed staff to send a letter to
the Army Corps of Engineers requesting information on the costs of beach
nourishment, etc. Manager Flodstrom explained that these questions had
,been asked of the Bureau of Land Management. Councilman Schermer felt it
would be more logical for the City to install a sewage system on property
it owned. Following further discussion at length, on call for the question
the motion carried with Councilman Hordyk voting "No".
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March 19, 1985
II. Cost of Service Study Contract Authorized - Port Angeles City Light
Councilman Quast moved to authorize the Mayor to execute the contract with
James Sutherland, rate and regulatory consultant. Councilman Gerberding
seconded and the motion carried.
12. Consideration of Installing Public Pay Phones at City Parks ,and
Playfields
Councilman Haguewood moved that public telephones not be installed at the I
City parks and playfields. Councilman Stamon seconded for the reasons
outlined in a memo from the Park and Recreation Director; specifically,
that the cost factor outweighs the benefits of having phones at each Park
location and that this type of installation is subject to intense vandalism.
Councilman Quast noted that he had recommended the installation of the
public telephones but had not been aware of the high cost of providing such
a service. Manager Flodstrom mentioned the possibility of providing such a
service in conjunction with the YMCA. On call for the question, the motion
carried, with Councilman Gerberding abstaining.
13. M-I Permit - James Harper 84(4l1
Mr. Harper addressed the Council, stating he concurred with the conditions
of the easement except for the release of all claims by himself. Attorney
Knutson explained that the City did not want to assume liability in the
event of flooding if the City did perform flood control work in th~ Creek.
Mr. Harper discussed the matter with the Council at great length. During
discussion, City Attorney Knutson indicated that this is a standard
provision included in this type of easement. FOllowing further discussion
at great length, Attorney Knutson suggested the following amendment to the
easement: "The Grantor hereby releases all claims for flood or river
diversion damages Mr. Harper concurred with this amendment.
Councilman Schermer moved that the City Attorney be granted permission to
amend the easement as recommended for Mr. Harper's signature. Councilman
Quast seconded and the motion carried.
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Mayor Whidden noted it was now 10:OO P.M.. Councilman Hordyk moved to
continue with the Agenda. Councilman Gerberding seconded and the motion
carried.
14. Community Services_Agreement With State of washington Authorized
Councilman Quast moved that the Mayor be authorized to execute the Commu-
nity Services Agreement with the Washington State Department of Correc-
tions. Councilman Schermer seconded. Councilman Quast, upon direction of
the City Attorney, amended Item No. 16 under "Terms and Conditions" as
recommended by the City Attorney, adding wording that the City would not
assume liability for actions taken by offenders accepted under the agree-
ment. Councilman Stamon noted that the Information Packet contained an
article from American City and County Magazine which announced a first
place award to the City of Port Angeles for this community service. On
call for the question, the motion carried.
VIII LATE ITEMS
Bid Awarded to Certified Insulation for Energy Conservation At Senior
Center
Manager Flodstrom indicated that he had no late items but he did have
additional information from City Light on the bid for energy conservation
measures at the Senior Center. Councilman Quast moved to remove the item
from the table. Councilman Schermer seconded and the motion carried.
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City Light Director Saville explained that the engineer's estimate and the
alternate estimate were both calculated on unfaced batts. Councilman
Schermer moved to award the bid to Certified Insulation, Inc., in the
amount of $5,OI9.16 plus tax. Councilman Stamon seconded and the motion
carried.
Manager Flodstrom requested an executive session to discuss railroad right-
of-way.
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CITY COUNCIL MEETING
March 19, 1985
IX ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON TH~ AGENDA
Councilman Schermer inquired of the Police Chief if any action had been
taken regarding activity on DelHur property at Ennis Creek. Police Chief
Cleland noted that this is private property and that no complaints had been
received.
Mayor Whidden commended Medic I for their very fast response to a call from
his place of business recently. He thanked the Fire Chief.
X ADJOURN TO EXECUTIVE SESSION
Mayor Whidden adjourned the meeting to executive session for the purpose of
discussing real estate matters at 10:10 P.M.
XI RETURN TO OPEN SESSION
The meeting returned to open session at approximately 10:20 P.M.
XII ADJOURNMENT
Mayor Whidden adjourned the meeting at approximately 10:21 P.M.
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