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HomeMy WebLinkAboutMinutes 03/20/1979 1;:)0 CITY COUNCIL MEETING Port Angeles, washington March 20, 1979 I CALL TO ORDER II ROLL CALL The meeting was called to order by Mayor Haguewood at 7:30 P.M. I Members Present: Mayor Haguewood, Councilmen Anderson, Boardman, Buck, Duncan, Hordyk, wray. Members Absent: Nane. Staff Present: Manager Whorton, Attorney Miller, Deputy Clerk Caso. P. Carr, D. Flodstrom, P. McDowell, M. Cleland, D. Frizzell, A. Rose, R. Orton, J. Honnold, K. Rodocker, S. Pazan. Guests Present: L. Sunny, C. Lawrence, R. Ekman, K. Harpole, L. Norton, K. Norton, D. Brewer, P. Brewer, B. Toth, D. Ferrie, K. Sweeney, D. Ferrie, L. Chittum, G. Powell, H. Chittum, B. & J. Galogan, C. & V. Frederick, K. Williams, D. Stephens, P. Brady, T. Newcomb, S. Newcomb, Mr. & Mrs. D. Britton, J. Kleinman, H. Carey, T. Weed, J. Antlock, Mrs. J. Osborn, Mr. & Mrs. C. Hopkins, S. Fahnestock, R. Philpott, E. & W. Rausal, A. Vande lac , S. Taylor, M. ReynOlds, L. Lundstrom, P. Dennis, W. McReynolds, G. Carlson, G. Meiner. III MINUTES Councilman Buck moved the Council accept and place on the minutes of the March 1, 2, and 6, 1979 meetings. seconded by Councilman wray and carried. file as received The motion was I IV LEGISLATION 1. PUBLIC HEARINGS A. Preliminary plat: Galaxy Estates: Rausal NOTICE 1$ HEREBY GIVEN' ltio. the Port Angeles City Council will hold 0 public hearing on Morch 20.1979, at 7:30 p.m. in the Council Ctlombers. 134 West l=ront Street, 10 consider appro\lo~ of the ~liminorY olaf of Gola):, Estates. 16 single. family als on 4.17 acres. I lO(Qtion; SOl,lth sideoH At1lvers Road, 700 feet west of Old Mill Rood, legal IDI8'SUiPtion: The East 289 feet of the NW'1. a. the NW I/~ o. the SW ~~ of Section 15. Township 30 Nor1h. Range 6 West, W.M. Applicant: Clark .& Associates. Property owner: Mr. and Mrs. Wesley 1RousoL ~ All interested parties. may 'oppear ot the hearing and ex. 'press 1heir opinion on 1his i proposal. 'Dote: March 14, 1979. Mario,n C. Parrish , City Cle,k Publish: March 14, 1979 Mayor Haguewood read a memorandum from Planning Director Carr advising the Council of the Planning Commission's recommendation on this proposed preliminary plat, and a letter from Mr. Tyler Moffett, expressing his concern on the drainage and depth of sanitary sewer in the proposed plat. Mayor Haguewood then opened the public hearing and requested comments or questions from the audience or staff. Mr. Ken SweeneYr of Clark and Associates, then spoke to the Council on behalf of Mr. Rausal, noting that there is a solution to the concerns raised by Mr. MOffett and the staff at Clark and Associates and the City engineers are working on that solution. There were no further comments and the public hearing was closed. Councilman wray then moved the Council concur with the recommendation of the Planning Commission and approve the preliminary plat of Galaxy I Estates, consisting of 16 single family lots on 4.17 acres, located on the south side of Ahlvers Road, 700 feet west of Old Mill Road, subject to all improvements complying with Ordinance No. 1631 as amended, and the storm water drainage concerns expressed in Mr. Moffett's letter being addressed by the Public Works Department. The motion was seconded by Council- man Anderson and carried. I I I CITY COUNCIL MEETING March 20, 1979 151 IV LEGISLATION 1. Cont. Before proceeding with the next order of business, the Council was addressed by Miss Annette Rush, who was speaking on behalf of several young people in the audience in regard to use of the Clay Wolverton Playfield located on llth Street between "A" and "B" Streets. Recently the City traded four lots adjacent to the playfield for property near the Lauridsen Boulevard bridge. These lots are now being developed, and the Park Department has requested that users of the playfield go elsewhere to play baseball. Miss Rush requested the Council reconsider this decision and perhaps have a backstop put up so that baseball can be played. Mayor Haguewood questioned Manager Whorton briefly in re- gard to the lots in questions, and then referred the matter to Mr. Whorton for further investigation. B. Rezone Request: The Uplands Mayor Haguewood read a memorandum from the Planning Department advising the Council of the Planning Commission's recommendation on rezoning the area known as The Uplands from residential multi- family to residential single-family, and outlining the Planning commission's findings of facts to support this decision. Mayor Haguewood then opened the public hearing and requested comments or questions from the audience. Mr. Ken Norton, Chairman of the Uplands Rezoning Committee, was the first speaker to address the Council in favor of the proposed rezone. Several other property owners spoke favorably toward the single-family rezone, noting that several changes have occured in the area since the time of the original zoning, and possible loss of views, increased traffic congestion on Golf Course Road and lessened property values may result if the area remains zoned mUlti-family. Other concerns raised by property owners included inadequate police and fire protection, the effect of more families on the already low water pressure in the area, loss of privacy, and who would pay for construction of a much needed Lauridsen Boulevard link. A few property owners also stated that they were not informed that they were buying into a multi-family zone. Opposing the proposed rezone and giving brief presentation were Mr. John Z. Miller, developed of The uplands, Mr. Henry carey and Mr. Jeff Kleinman, attorneys representing Mr. Miller, architects Charles Lawrence and Tom Ekman, and a few members of the audience. Mr. Miller and the architects reviewed the plans for future development of The Uplands and the justification for being allowed to retain the multi-family zone; Mr. Kleinman and Mr. Carey addressed the legal aspects of the proposed rezone, citing the recent similar case of Parkridge vs. the City of Seattle. Following these presentations and after several questions and comments from members of the audience, Mayor Haguewood closed the public hearing. Councilman Buck then stated that although there is evidence to suport the rezone, after review of the evidence he felt that the Planning Commission recommendation was a mistake and'moved the Council deny the rezone request. The motion was seconded by Councilman Hordyk. During discussion on the motion, each Councilmember stated their reasons for opposing or supporting the rezone, and Attorney Miller requested findings of fact be included in the motion. Mayor Haguewood then called a five minute recess. Following the recess, Mayor Haguewood reconvened the meeting, and Attorney Miller suggested the following findings of fact be incorporated into the motion: 152 CITY COUNCIL MEETING March 20, 1979 IV LEGISLATION 1. Cont. (1) there has not been a substantial change in conditions in the area since the time of the original zoning of the property to justify an exercise of the police power to rezone the prop- erty; (2) the traffic condition and increase in traffic upon Golf Course Road were reasonably within the expectations of increases to incur upon that road at the time of the original I zoning; (3) development of the area as single-family was allowed under the original zoning and was therefore anticipated and does not constitute a change of conditions; (4) development of the area as multi-family is consistent with the terms of the 1976 Comprehensive Plan; (5) there is not substantial evidence in the record to indicate any other possible change in conditions; and (6) there was not a mistake in the original zoning. On call for the question, the motion, including the above- mentioned findings of fact, was passed by the Council with Councilmen Boardman and Duncan voting "NO." C. Annexation petition: DelHur, Inc. Mayor Haguewood opened the public hearing on DelHur, lnc.'s request to circulate an annexation petition for approximately 39.5 acres immediately east of Peninsula Golf Course, and requested comments or questions from the audience.or staff. Mr. Ken Sweeney, of Clark & Associates, was present on behalf of DelHur, Inc. and briefly described the area DelHur is pro- posing to annex. Mayor Haguewood also read from the Planning Commission minutes of March 14, 1979 in which the Planning Commission recommends allowing DelHur, Inc. to circulate an annexation petition subject to certain conditions. There were no further comments and the public hearing was closed. I Councilman Wray then moved the Council concur with recommendation of the Planning Commission and allow DelHur, Inc. to circulate an annexation petition for approximately 39.5 acres immediately east of Peninsula Golf Course, subject to the following conditions: (1) that the area assume the bonded indebtness of the City ; (2) that the zoning be as described in the Periphery Zoning Resolution in ~he app~i9able areas and ,RS-9 in the remaining areas; and (3) the petitioners agree to abide by the March 7, 1972 annexation resolution which classified the proposed annexation as promotional. The motion was seconded by Councilman Hordyk and carried with Councilman Duncan abstaining. 2. PLANNING COMMISSION Mayor Haguewood read the minutes of the Planning Commission meeting of March 14, 1979 with the following action taken by the Council: 1. Conditional Use Permit:, Stephens Mayor Hageuwood opened the public hearing on Mrs. Stephen's re- quest for a change in location for a previously approved home occupation located at 805 East Second Street, and requested comments or questions from the audience or staff. There were I no comments and the public hearing was closed. Councilman Hordyk then moved the Council concur with the recommendation ' of the Planning Commission and approve a new 12 month con- ditional use permit to Mrs. Stephens to operate a floral decor- ation shop as a home occupation at a new location, 804 East Second Street, subject to the same conditions as attached to the existing permit; i.e. hours of operation limited to 8:00 A.M. to 10:00 P.M. The motion was seconded by Councilman Buck and carried. CITY COUNCIL MEETING March 20, 1979 153 IV LEGISLATION 2. Cont. I I I )1879 ~ NOTICE IS HEREBY GIVENJ Ihol the PorI Angeles Cily, -'Jl".ncil and Board 01 Clallam i County Commissioners will J!old 0 public heor;ng on May~ :lll';'l979, 015:00 p.m" io the' Council Chambers, 134 wesl: Fro,", Street, to consider an' application for Oce" S~Qc:e' Tt:lx Classification of a ..45 cere porcel. j location: 4124 Old Mill Rood legal De'Scrip1ion: Thel Sou.h 200 fee' of the Southwest Quorter ot tho Southwest Quarter of Section 15, Township 30 North. Range 6 West" W.M., EXCEPT any portion thereof Iyirlg 8os-ter-ly of County Rood. 1 Applicant: Bruce B, Moorhead Property Owner: Bruce B. and Rosemary G. Moorhead j All interested parties may appear at the heoring and j express their opinion on thi!>> proposel. Dote May 18, 1979_ ~' n C. Parrish City Clerk ~,Y18. 79. B. Conditional Use Permit: Grall Mayor Haguewood opened the public hearing on Mr. Grall's request for a conditional use permit to operate a television repair service as a home occupation at 1305 West Tenth Street, and requested comments or questions from the audience and staff. There were no comments and the public hearing was closed. Councilman Anderson then moved the Council concur with the recommendation of the Planning commission and approve Mr. Grall's request for a conditional use permit, subject to the stipulation that the home occupation guidelines be followed, and the hours of operation be limited to 9:00 A.M. to 5:00 P.M. The motion was seconded by Councilman Wray and carried. C. Open Space Classification: Wallace Mayor Haguewood read that portion of the planning Commission minutes which dealt with consideration of an open space clas- sification for Keith and Donna Wallace, and a memorandum from the Planning Department explaining the procedure for the final decision on open space tax classifications which should be made by a determining authority composed of three members of the County legislative body and three members of the City legis- lative body. Mayor Haguewood then opened the public hearing and requested comments or questions from the audience or staff. During the discussion which followed, Assistant Planner Pat McDowell answered questions from Councilmen Buck and Hordyk in regard to the purpose of an open space classification, the tax rate loss and actual tax losses to the City, and the open space land use definitions. There were no further comments and the public hearing was closed. councilman Hordyk then moved the Council concur with the recom- mendation of the Planning Commission and approve Mr. and Mrs. Wallace's request for an open space tax classification for a 5.56 acre parcel of land located on the southeast corner of Old Mill Road and Rhodes Road, with the stipulation that one acre on which the house is located be excluded from such classification. The motion was seconded by Councilman Boardman and carried. D. Open Space Classification: Moorhead Mayor Haguewood opened the public hearing on Bruce and Rosemary Moorhead's request for an open space classification of a 6.45 acre parcel of land located at 4124 Old Mill Road, and requested comments or questions from the audience or staff. During the discussion which followed, Mr. Don Frizzell questioned Planner Carr in regard to public access to the waterfall on this property. There were no further comments and the public hearing was closed. Councilman Hordyk then moved the Council concur with the recom- mendation of the Planning Commission and approve Mr. and Mrs. Moorhead's request for an open space classificationr with the stipulation that the easement for pedestrian access to be used inconjunction with other easements, and excluding the one acre occupied by the house. The motion was seconded by Councilman Boardman and carried. Mayor Haguewood then appointed Councilmen Anderson, Boardman and Hordyk to serve on the committee with the three County members to make the final determination on these applications. 154 CITY COUNCIL MEETING March 20, 1979 IV LEGISLATION 2. Cont. E. Councilman Hordyk moved the Council accept and place on file the Planning Commission minutes of March 14, 1979. The motion was seconded by Councilman Buck and carried. 3. PARKING ORDINANCE Councilman Buck moved the Council table this agenda item. The motion was seconded by Councilman Anderson and carried. 4. MUNICIPAL PIER: RESOLUTIONS A. Construction of Pier Mayor Haguewood introduced and read by title Resolution No. ll- 79 entitled, Resolution No. 11-79 A RESOLUTION of the City Council of the City of Port Angeles authorizing and directing the City Manager to sign all necessary documents to enable General Construction Company to proceed with construction of the Municipal Pier. Councilman Wray moved the Council adopt the foregoing Resolution as read by title by Mayor Haguewood. The motion was seconded by Councilman Anderson and passed unanimously. B. Pier Design: Priorities Mayor Haguewood introduced and read by title Resolution No. 12- 79 entitled, Resolution No. 12-79 A RESOLUTION of the City Council of the City of Port Angeles establishing prior- ities on restoring elements to the Muni- cipal Public Pier as funds become available to replace those elements deleted from the original pier design. Councilman Hordyk moved the Council adopt the foregoing Resolution as read by title by Mayor Haguewood. The motion was seconded by Councilman Buck and carried unanimously. C. Letter to DNR Manager Whorton briefly explained the content of this letter, which reassures the DNR that the City will be restoring the deleted items from the Municipal Pier project as soon as funds are available. 5. DATA PROCESSING PROJECT A. Resolution: Interfund Loan Mayor Haguewood introduced and read in full Resolution No. 13-79 entitled, Resolution No. 13-79 A RESOLUTION of the City of Port Angeles authorizing an Interfund loan of $65,000 from the Current Expense Fund to the Water Fund. I I I I I I CITY COUNCIL MEETING March 20, 1979 155 IV LEGISLATION 5. Cont. Councilman Buck moved the Council adopt the foregoing Resolution as read in full by Mayor Haguewood. The motion was seconded by Councilman Wray and carried unanimously. B. Report of Water Rates The Council scheduled a special meeting on wednesday, April II, 1979 for discussion and review of the water meter rates. 6. CONTRACT WITH LOGERWELL, COHEN & ANDREWS During the March 6, 1979 regular Council meeting, the Council approved the language of a draft contract between the County, the City, and the legal firm of Logerwell, Cohen and Andrews, which was selected to jointly represent the City and County at the EFSEC contested case hearings. This draft contract was submitted to the County commissioners for their consideration and approval. However, the contract approved and signed by the Commissioners deleted paragraphs 8 and 9 of the original draft contract which were directed toward participation by the County prosecuting Attorney and City Attorney in preparation and trial of the EFSEC hearings and the method of payment therefor. The removal of those two paragraphs means there is nothing in the agree- ment' which addresses that subject, and it is therefore totally up to each governmental entity to determine how much it wishes its own attorney to participate in the hearings, and to bear the cost for that participation. At this meeting, Attorney Miller submitted a memorandum to the Council stating that in his opinion the City will be best repre- sented in the contested case hearings if the City Attorney takes an active role in preparation and trial of those hearings, subordinate to the role of the retained attorney. Mr. Miller also recommended further negotiations with the County on the inclusion of language specifying the method by which the City Attorney and prosecuting Attorney shall participate in the hearings, and suggested the fol- lowing alternatives: (1) request Logerwell, et aI, to keep three accounts, one exclusively County, one exclusively City, and one joint. The joint account would be paid on a 50/50 basis, and the City and County would bear the cost for fees exclusively devoted to representing each; (2) have the City Attorney and Prosecuting Attorney submit their time to Logerwell, et aI, who would determine the extent to which efforts by the City and County had supplanted their efforts. Compensation would then accrue to the City or County as a result of diminishing the fee of the retained attorney; (3) include a clause defining the maximum amount of time which could be accrued by either the City Attorney or the Prosecuting Attorney in the EFSEC hearings; and (4) adjust the rate to be charged for city and pros- ecuting attorney time. During discussion on this matter, Councilman Buck expressed his con- cern over the county's deletion of paragraphs 8 and 9 in the original draft contract, and moved the Council resubmit the original draft contract to the County for their prompt consideration and suggest to them that an explanation for paragraphs 8 and 9 can be found in Attorney Miller's proposed first alternative. The motion was seconded by Councilman Hordyk. During discussion on the motion, the Council discussed the extent of Attorney Miller's role in the contested case hearings and the advantages of his participation, and County Com- missioner Harry Lydiard explained why the Commissioners felt these changes in the proposed contract were necessary. Councilman Hordyk then moved the Council table this agenda item until an agenda is received from EFSEC. The motion was seconded by Councilman Wray. On called vote, Councilmen Hordyk and Wray voted "AYE" with Councilmen Anderson, Boardman, Buck and Duncan voting "NO." The motion was' denied. 156 CITY COUNCIL MEETING March 20, 1979 IV LEGISLATION 6. Cont. During further discussion on the original motion, Councilman Duncan pointed out that this contract may be terminated by any party with five days notice given to the other parties. On call for the question, the motion was passed by the Council. A special joint meeting between the City and County was then tentatively scheduled for Tuesday, March 27, 1979 I 7. 1979 ARTS IN ACTION Councilman Hordyk moved the Council authorize the closure of Laurel Street between Front and First Streets, except the alley, for the 13th annual Arts in Action show scheduled for July 21-22, 1979. The motion was seconded by Councilman wray and carried. 8. BOARD APPOINTMENTS A. Park Board No nominations were made at this time. B. Senior Center Advisory Board No names have been submitted for approval by the Senior Center. V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA VI FINANCE 2217'1A l B. NOTICE OF CALL FOR BIDS Notice is hereby given thot, sealed bids will be received1' by the City Monoger at the Ci- ty of PorI Angele, ol140West Front s,treet of said City until "2:00 P.M, Monday, March 5, 1979 forfurnishing the follow- ing equipment cmd-or mo1ericl: Three (3) new ond lolest model lour door post type sedans, for heavy duty police wQrk. One (1 ) Late Model Derrick C. Digger complete with service body One {I) Truck Cob and (' Chassis {for Derrick Digger) 30000 GVW One (1) Turf-Type Tractor J Bid sheets, specifications 1 cnd ~nstrl)ctions- ore ovoilable . from Morian Parrish, Pers-on- nel Director, P.O. Box 711, Pori Angeles. Washington '18362 (206)457,0411 Exl. 117. D. Sealed bids should be moil. ed 10 Kenneth Whorton, CIty Man(lger, P.O. Box 711. 140 .West Ffont Street, Port Angoles, WA 98362, ' All bids sholl be opened cnd tobulole-d tor Ihe City Council wilh a recommenda- tion ouoched for considero- None. 1. CONSIDERATION OF BIDS I A. Police Vehicles Councilman Anderson moved the Council award the bid for purchase of three Dodge police vehicles to the sole bidderr Olympic Auto Center, with a total bid of $19,539.38. The motion was seconded by Councilman Buck and carried. Derrick Digger Councilman Anderson moved the Council reject the bid of the low bidder, McCabe-Powers, for non-compliance with bid specifications, and award the bid for purchase of a derrick digger for the Light Department to the second lowest bidder, Truckweld Industries, with a bid of $63,722.74. The motion was seconded by Councilman Hordyk and carried. Other bidders included Coast Crane - $68,154.80; Elder Eguipment- $67,158.45; Highway Equipment - $64,021. 01. Cab and Chassis Councilman Buck moved the Council reject the sole bid of Cascade Tractor due to non-compliance with bid specifications, and call for new bids for purchase of a cab and chassis for the derrick digger. The motion was seconded by Councilman Anderson and I. carried. Turf Tractor Councilman Anderson moved the Council award the bid for purchase of a turf tractor for the Park Department to the low bidder, payline NorthWest, with a total bid of $ll,079.64. The motion was seconded by Councilman Buck and carried. Other bidder was Cascade Tractor with a bid of $11,204.l6. I I I -l CITY COUNCIL MEETING March 20, 1979 157 VII CONSENT AGENDA Councilman Hordyk moved the Council accept the items listed under the Consent Agenda including vouchers payable of $437,699.73 and payroll of $128,928.20. The motion was seconded by Councilman Wray and carried. Items approved under the Consent Agenda are as follows: I. Authorize the Light Department to call for bids for the sale of 196 surplus distribution transformers. 2. Authorize payment of $66.00 to Western Testing Laboratories for a compaction test at Civic Field. 3. Notification has been received from the Washington State Liquor Control Board of a class E, F license renewal for James Hansen, Hansen's westside Grocery, 1434 West Fifth Street, and Glenn A. Hurlong, Handi-Spot Grocery, 529 East First Street. VIII LATE ITEMS 1. WEENIE WAGON Mayor Haguewood read a memorandum from Planning Director Carr in re- gard to the "Weenie Wagon", a free-standing pedestrian oriented retail food outlet located in the northwest corner of Albertson's parking lot. Mr. Carr pointed out that the "Weenie Wagon" and the Whipple Key Shop, which is in the same location, are in violation of both State and City Ordinances and are not in keeping with the purpose and intent and designated character of the CSD-C2 commercial zone. Mr. Carr also recommended legal action against all apparent violators of City and State Ordinances on this property. After a brief discussion by the Council on this matter, Mayor Haguewood suggested contacting the property owners and the management at Albertsons Store once more before resorting to legal action; Councilman Anderson then moved the Council table this matter until the next regular Council meeting. The motion was seconded by Councilman Buck and carried. 2. LETTER TO F.E.R.C. Light Superintendent Honnold addressed the Coun~l to request that a letter be drafted to the Federal Energy Regulatory Commission with copies to the Congressional delegates in Washington D.C., requesting elimination or reduction in the Public utility Regulatory policies Act reporting requirements because the cost to maintain the pre- scribed requirements is counter-productive to the intent of the legislation. Councilman Hordyk then moved the Council authorize the drafting of the above-mentioned letter. The motion was seconded by Councilman Buck and carried. VIX STAFF REPORTS 1. Councilman Wray: Questioned Manager Whorton in regard to a letter from Bessey's Electric complaining about all-day parking on the south side of 8th Street between Lincoln and Laurel; Chief Cleland is looking into the matter. 2. Mayor Haguewood: Questioned Public Works Director Flodstrom about re-striping of the parking spaces. 3. Councilman Duncan: Expressed her appreciation to the Oilport Task Force for their testimony at the recent BLM hearing. X ADJOURNMENT The meeting adjourned at 11:OS P.M. o /' ~ (!,/~.dL City Clerk ~"Jg-~,~ '1fayor