HomeMy WebLinkAboutMinutes 03/21/19891304
I CALL TO ORDER
Mayor McPhee called the regular meeting of the Port Angeles City Council to
order at 7:02 P.M.
II PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led 'Ji cki Becker' s Fifth Grade
Adventure Group. Members present, Teresa McKEen, Jennifer Spe11ine, Chrisy
Becker, and Katy Johnson.
III ROLL CALL
Members Present:
Members Absent:
Staff Present:
V FINANCE
Mayor McPhee, Councilmen (41 FaJ sett, Hordyk,
Lemon, Sargent, Stamon.
None.
CITY COUNCIL MEETING
Port Angeles, Washington
March 21, 1989
Manager Flodstrom,
Miller, M. Cleland,
Pittis, D. Wolfe, C.
Kenworthy, K. Ridout
Public Present: H. Fulkerson, P. Mygind, L. Glenn, R. French, G.
Pressley, K. Wollen, L. I. Wilson, M. Fangen, H.
Pollard, V. Perri, J. Miller, T. Masi, B. Fille, L.
Beil, D. Alwine, J. Michalczik, R. M. Phillips, K.
Jensen, Mr. Mrs. E. Thompson, B. Philpott, H.
Berglund, A. Reeves, G. Gallison, F. Rennie, R. Page, E.
Tuttle, C. Brown, M. Merrick, W. Dawson, R. Gerberding,
K. L. Rose, F. Billingsley, B. Allman, R. Bogusch, J.
Spiess, Mr. Mrs. G. Tobias, J. Mathia, B. Moore.
IV APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 7. 1989
Attorney Knutson, Clerk Maike, 0.
S. Hursh, R, Dyker, L. Glenn, J.
Headrick, T. Sperline, C. Jones, G.
J. Hicks, S. Brodhun.
Councilman Hordyk moved to accept and place on file the minutes of the March
7, 1989, City Council meeting. Councilman Hallett seconded and the motion
carried unanimously.
1. Request Payment to Riddell. Williams of S2.028.42 for Legal
Representation on WPPSS Issues
Councilman Sargent moved to authorize the payment of the March 1, 1989,
Riddell, Williams bill in the total amount of $2,028.42 for legal repre-
sentation on WPPSS issues. Councilman Gabriel seconded and the motion
carried unanimously.
2. Reauest for Progress Payment No. 1 to Cedar Ridge Construction for
Eighth Street Bridge Maintenance of S17.926.50
Councilman Sargent moved to authorize Progress Payment No. 1 to Cedar Ridge
Construction for the Eighth Street Bridge Maintenance in the amount of
$17,926.50. Councilman Gabriel seconded.
Following a brief discussion, the question was called and the motion carried
unanimously.
3. Request to Release Retainage to Cedar Ridge Construction for Morse
Creek Hydroelectric Proiect of S25.435.52
Councilman Hordyk moved to declare Civil Works Contract 533 -2 complete and
authorize the retainage payment of $25,435.52 to Cedar Ridge Construction,
Inc. Councilman Lemon seconded and the motion carried unanimously.
VI CONSENT AGENDA
Councilman Hordyk moved to accept the items as listed on the Consent Agenda,
including (1) Correspondence from Washington State Liquor Control Board; (2)
Vouchers of $222,995.67; and (3) Payroll of 3 -5 -89 of $235,385.30. Coun-
cilman Sargent seconded. Following some discussion, the question was
called and the motion carried unanimously.
VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA
Keith Wollen, 3202 Maple, requested the Council allow
Legislation Item No. 3 regarding Adult Care Facilities.
Councilman Gabriel requested that Item 14 be added to the
the Recycling of Ledger Paper and Newspaper.
VIII LEGISLATION
1. Public Hearings
A. Proposed Sewer Rate Increase
Councilman Hordyk left the room at 7:22 P.M.
1305
CITY COUNCIL MEETING
March 21, 1989
him to speak on
Agenda, regarding
Director of Administrative Services Wolfe gave the Council and the audience
an overview of the reasons why there needs to be a sewer rate increase for
the City of Port Angeles. The Council and members of the audience received
a hand -out covering the facts on sewer rates. Basically, the reason for the
increase is because Federal and State laws mandate that the City of Port
Angeles construct and operate a secondary sewage treatment facility. Sewer
rates have been increasing since 1987 to set aside money for the plant.
Following the presentation by Director Wolfe, Mayor McPhee opened the public
hearing at 7:26 P.M.
Harry Pollard, 1122 West Lauridsen Boulevard, stated he felt the rates
through the summer were discriminatory to the people who wanted to keep
their grass green and there should be some benefit for the people who use
water for gardening. The rate, as proposed, would actually quadruple the
sewer rates through the dry summer months.
Rex Gerberding, 539 West llth Street, stated he believed there should be a
flat sewer rate, as he did not believe there would be an actual incremental
cost, whether the use was 500 or 1,000 cubic feet. He also stated the
Ordinance, as written discriminated against watering grass and things of
that nature, and the primary need, where the impacts are felt the most, are
with young families in which poverty is most prevalent. He urged the
Council set up a discount program for people who could not meet the cost,
whether they be elderly or young.
Councilman Hordyk returned to the dais at 7:32 P.M.
Vincent Perri, 202 West 14th Street, voiced his concern regarding the
requirement of building a secondary treatment plant. He also stated the
Department of Ecology does not give any guarantees as to how the City is to
dispose of the sludge that will be accumulated.
Bill LaRue, 222 West Park Street, suggested the disposal of excess property
to raise funds to offset the tremendous cost. He also suggested the City
consider creating a large sewer district with annexation of the area east of
Port Angeles as far as Morse Creek.
Bob Philpott, 1822 East Lauridsen Boulevard, questioned the funding of the
secondary treatment facility. He suggested the Council look further into
ways of funding the facility by possibly raising the amount of bond issues
from 35.5% to possibly 507 to 607, thereby decreasing the rate increases to
perhaps nothing.
Chris Brown, 3207 Maple, stated it was her understanding this reflected a
double rate increase.
Hattie Berglund, 1834 West Seventh Street, stated she felt it was illogical
that if 41% of the bills were to decrease and only the balance of the
-2-
1306
CITY COUNCIL MEETING
March 21, 1989
percentage were to increase, the City would not build up much of a fund.
She was also concerned about the delay in building a holding tank, as well
as the water quality in the Harbor. She stated her concern about the fish
farms in the Harbor area, as according to an article in the Seattle Times
dated March 14, 1989, 100 fish pens use 55 tons of oxygen per day, and she
felt any sources of pollution which go into Port Angeles Harbor have to be
monitored and corrected, as this affects the overall goal of secondary
sewage treatment.
Mayor McPhee closed the public hearing at 8:42 P.M.
Director of Administrative Services Wolfe answered for the Council and the
public the questions that were asked regarding where the funding comes from.
He stated there are three sources: Rate increases, which is the incremental
rate increase the City is currently doing, ahead of construction, where the
money is being placed into a sinking fund. The balance of the account at
the end of 1988 was $500,000 earning interest at a rate of 9.25 Part of
this money has been and is being spent on the design of the facility. The
amount to be generated in 1989 with the rate increase is approximately
$722,400. By the time the plant comes on line, the City would hope to have
generated close to $4 million using the incremental rate increases. When
the plant comes on line, the City will have sold bonds to partially finance
the balance. This also includes a loan from the State Public Works Trust
Fund. The balance of the funding would come from grant programs offered by
the State and the Federal government, those grants to be approximately 50%
to 557 of eligible costs, which will actually pay 407 of the construction
cost of the facility.
Mayor McPhee asked Director of Public Works Pittis if the City had used
every legal channel to avoid constructing the secondary plant and were we
threatened with severe penalties if we did not build this facility.
Director Pittis stated the City has been guaranteed there would be
penalties.
Councilman Stamon stated she wanted the public to be aware that the City has
gone through a long, tortuous process in fighting this mandate.
Councilman Hallett questioned the
oxygen. Director Pittis stated
would be an improvement upon the
plant is concerned.
Councilman Sargent asked that
regarding the increase of bonding
bonds used, the more the rates would increase to redeem those bonds. Every
million dollars issued in bonds would cost $1.25 on top of the rate per
month.
Following a lengthy discussion, Mayor McPhee read the Ordinance by title,
enti
Councilman Stamon moved to adopt the Ordinance as read by title, and to
direct the City Clerk to publish the Ordinance by summary. Councilman
Hallett seconded and the motion carried, with Mayor McPhee voting "No
B.
ORDINANCE NO. 2526
impacts of water quality and the lack of
the introduction of secondary treatment
water quality, as far as the treatment
Director Wolfe respond to the question
Director Wolfe replied that the more
AN ORDINANCE of the City of Port Angeles,
Washington, revising sewer service rates
and amending Chapter VI of Ordinance No.
2394 as amended by Ordinance No. 2482, and
Chapter 13.65 of the Port Angeles Municipal
Code.
Street Vacation Request STV- 89(03)2 Daishowa America.
Street
ItKII
Mayor McPhee opened the public hearing at 8:39 P.M. There being no public
comment, he then closed the public hearing and read the Ordinance by title,
entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles
vacating a portion of "K" Street north
of Marine Drive and south of Front
Street.
Councilman Stamon moved to adopt the Ordinance as read by title. Councilman
Hordyk seconded.
Attorney Knutson pointed out to the Council that they could not adopt the
ordinance unless compensation was set for the vacation of the street.
Councilman Stamon then withdrew her motion and moved to remand the issue to
the Real Estate Committee for recommendation at the April 4, 1989, City
Council meeting. Councilman Hallett seconded. On call for the question,
the motion carried unanimously.
C. Street Vacation Request STV- 89(03)3 Miller, Cherry Street
Mayor McPhee opened the public hearing at 8:41 P.M. There being no public
comment, he then closed the public hearing and read the Ordinance by title,
entitled
ORDINANCE NO. 2527
AN ORDINANCE of the City of Port Angeles
vacating that portion of Cherry Street
south of the 1/2 alley.
1307
CITY COUNCIL MEETING
March 21, 1989
Councilman Stamon moved to adopt the Ordinance as read by title and to set
the compensation at $9,261. Councilman Sargent seconded and the motion
carried unanimously.
D. Street Vacation Request STV- 89(03)4 Reid. 18th Between "B" and
Mayor McPhee opened the public hearing at 8:45 P.M.
John Spiess, North Olympic Building Design, representing Mr. Reid, reviewed
the applicant's request for the street vacation. Mr. Spiess pointed out to
the Council they were asking for a half street vacation on an unimproved
street and he did not feel there would be any problem with the street
vacation, as it did not serve any real purpose for travel. He stated the
applicant has agreed to grant the City a utility easement for the sewer
line.
Councilman Hallett asked Mr. Spiess if the vacation was being requested
because there would be increased lot area in order to build upon the
property. Mr. Spiess stated that was correct.
Mayor McPhee pointed out that vacation of a half street is not in the best
interests of the City and the remaining 35 feet does not serve any useful
function.
Mr. Spiess stated he was attempting to convince the State to apply for a
street vacation also.
Mayor McPhee closed the public hearing.
Councilman Hordyk stated the entire street should be vacated, with the
easement retained.
Following further discussion, Councilman Stamon moved to concur with the
recommendation of the Planning Commission to deny the vacation proposal,
citing the following findings: (A) The vacation of half- streets is not in
the best interest of the City of Port Angeles. The remaining 35 feet of
right -of -way is not usable for roadway and utility purposes and therefore
serves no useful function to the City; (B) Vacation of the subject right -of-
way will affect the ability to access Block 456, TPA, from the north. This
block is abutted by Lauridsen Boulevard, a heavily trafficked major arterial
entering the City from the west, which is trafficked by industrial, resi-
dential, and commercial traffic. Subsequent development of said Block 456
-4-
1308
CITY COUNCIL MEETING
March 21, 1989
should be accessed from 18th Street in order not to affect traffic on
Lauridsen Boulevard from vehicles accessing subsequent developments of the
block, to ensure that circulation patterns and public safety are not
impacted by traffic utilizing Lauridsen Boulevard to ingress and egress
Block 456; (C) There is not sufficient public benefit to merit this
particular vacation request. Councilman Hallett seconded and the motion
carried unanimously.
2. Plannine Commission Minutes of March 8. 1989
A. Parking Variance PKV- 89(02)2 Massey
Councilman Stamon moved to concur with the recommendation of the Planning
Commission to accept the applicant's withdrawal. Councilman Lemon seconded
and the motion carried unanimously.
B. Conditional Use Hearing CUP 89(03)4 Gladys Pressley
Councilman Sargent moved to concur with the recommendation of the Planning
Commission to approve the Conditional Use Permit to allow a boarding home
for adults to be located in the RMF, Residential Multi- Family District, at
1017 West 17th Street, subject to the following conditions: (1) This
Conditional Use Permit allows the applicant to operate a State licensed
boarding home for a maximum of ten persons. The State licensed boarding
home shall meet all State Department of Social and Health Services
requirements for a boarding home, as described in Chapter 248 -16 WAC; (2)
The boarding home, as proposed, shall meet all local and State Fire Code
regulations; (3) Prior to occupancy of this residence as a State licensed
boarding home, the applicant shall submit a site plan to the Public Works
Department for approval of the requirements of the Building Division of the
Public Works Department and the Light Department; and citing the following
findings: (A) The location of this oversized residential lot and the five
bedroom home are physically suited for development of a State licensed
boarding home; (B) The proposed use will not result in any significant
impacts to the environment; (C) The proposed use is consistent with the City
of Port Angeles Residential Policies of the Comprehensive Plan; (D) A State
licensed boarding home for ten individuals on this property, as conditioned,
will not adversely impact the surrounding properties; (E) The granting of
this Conditional Use Permit is in the general public interest and perform-
ance parameters conditioning the proposed activity, as specified in this
permit, will allow adequate safeguards to the proposed activity to ensure
the welfare of the people of Port Angeles, at large, and the people
residing in the proposed State licensed boarding home. Councilman Gabriel
seconded and the motion carried unanimously.
C. Shoreline Management Hearing SMA- 89(03)97 Daishowa America
Councilman Sargent moved to concur with the recommendation of the Planning
Commission to approve the Shoreline Substantial Development Permit to allow
expanpion of the main office structure, located in the M -2, Heavy Industrial
District, on Marine Drive, citing the following findings: (A) The use, as
proposed, can be consistent with General Regulation C.1, C.2, C.3, and C.4
and Land Use Element D.l.b; (B) The attached single -story addition to the
main office building, as proposed by this permit', is an upgrading of the
existing facility, associated with the existing Mill operation; (C) The
proposed attached addition to the existing office building should not
significantly affect the Harbor use and public activities. Councilman
Gabriel seconded and the motion carried unanimously.
D. ParkinE Variance Reouest PKV- 89(03)4 Dan Miller
Councilman Hordyk moved to concur with the recommendation of the Planning
Commission to approve the Parking Variance for a reduction of the required
number of parking spaces from 150 to 105, in association with a shopping
mall, located at 228 West First Street, citing the following finding: (A)
The promenade area of the Mall is not used for commercial occupation or
storage. As such, it should not be included as part of the assessed floor
area used to calculate required parking. Councilman Hallett seconded and
the motion carried unanimously.
BREAK
E. Parking Variance Request PKV- 89(03)3 Triees
Councilman Stamon moved to concur with the recommendation of the Planning
Commission to approve the Parking Variance for a reduction of the required
number of parking spaces from 4 to 2 in association with a dental lab
service, located at 513 East Eighth Street, including development of the
concrete slab located at the northwest corner of the property, west of the
existing detached garage, for back -in parking only, and appropriate signage
shall be provided, as approved by the Public Works Department. Councilman
Sargent seconded, and the motion carried unanimously.
F. Acceptance of Minutes
1309
CITY COUNCIL MEETING
March 21, 1989
Councilman Hordyk moved to accept and place on file the Planning Commission
minutes of the March 8, 1989, meeting. Councilman Gabriel seconded, and the
motion carried unanimously.
Mayor McPhee recessed the meeting at 9:10 P.M. The meeting reconvened at
9:25 P.M.
3. Adult Care Facilities Report Back From City Council /Planning Commission
Meeting (Sargent. Gabriel. Stamon. and Leonard)
A. Modification of Zoning Code Ordinance Allowing Higher Densities
for Senior Housine
Councilman Sargent moved to request the Planning Commission to consider
zoning amendment proposals to allow increased density and lower parking
requirements for modest priced and sized senior housing, and to report to
the Council at the May 2, 1989, meeting. Councilman Stamon seconded,
with the understanding that the facilities developed are within the RMF
Zone. Councilman Sargent concurred.
Councilman Hallett asked if time was a factor on this issue. Councilman
Sargent stated yes, time is a factor. The funds that are available are in
demand.
Councilman Hallett asked whether the Council was doing this for one
particular applicant. Attorney Knutson stated he was not aware that it was
for one particular applicant.
Councilman Hallett stated it was his understanding that the Council was
moving quickly on this for someone who has an application in and unless
there is some action taken, these people would not be able to do their
project, and therefore time is of the essence. He wondered how the needs of
an applicant and the overall view of the zone meshed together. Manager
Flodstrom stated it is not intended to be specifically for one applicant.
There, is an applicant, however, currently pursuing a project. That
applicant is limited by the closing date for the property which they
purchased. If the closing date was to be extended, they would not have time
limitations.
Mayor McPhee stated the Council needed to try to send a message to the real
estate land and development portion of the community, who are engaged in
this type of work, that the Council is trying to respond to their needs.
Councilman Sargent submitted to the Council a floor plan of some apartments
in which she had attended the open house in Gig Harbor. She stated in order
to make this type of facility economically feasible, the density needed to
be changed. Of the facilities available here in the City, there is
currently a one -year waiting list and this is why she felt the Council
needed to act upon this issue as quickly as possible.
Councilman Stamon pointed out this would only affect the RMF Zones.
On call for the question, the motion carried unanimously.
B. Placement of Adult Care Facilities in Residentiallv -Zoned Areas
Councilman Stamon, in making a report from the Committee, stated they are
working on trying to narrow down the definition of congregate care
-6-
k
1310
CITY COUNCIL MEETING
March 21, 1989
facilities and are looking at trying to do a land use map of the RS -7 and
RS -9 Zones within the City which will identify vacant pieces of property
that are large enough in size to support such a facility or development.
The Committee is reviewing different types of zones that have been done in
other cities in an attempt to address this issue. An invitation has been
given to the Port Angeles Neighborhood Association to have one of its
members present during these Committee meetings. However, the Committee is
not ready to make recommendations to the Council.
On a related issue, Councilman Stamon moved the Council direct staff to
investigate the cost of obtaining an intern or consultant to do a careful
study of the land uses within all zones of the City and to report back to
the Council at a future meeting. Councilman Sargent seconded.
Councilman Stamon, in speaking to her motion, stated she felt this would be
a good basis for the Planning Commission as they start their review of the
Comprehensive Plan.
Councilman Hordyk stated he believed the motion had merit. However, he did
not see it as addressing the Comprehensive Plan.
Following further discussion, the question was called, and the motion
carried unanimously.
Keith Wollen, 3203 Maple, representing the Port Angeles Neighborhood
Association, stated the goal of the group is to promote development and
maintenance of neighborhoods. The Association urged the Council to refrain
from legislation in the future, such as congregate care law changes, since
these could have negative impacts on the overall Comprehensive Plan. He
stated the Association is not anti development; however, they are anti
piece -meal development. They are for a vigorous consideration of the
Comprehensive Plan and then adhering to the Plan as much as possible in the
future.
The Committee set a meeting date for Monday, March 27, 1989, at 3:30 P.M. in
the City Council Caucus Room.
4. Report and Recommendations on Proposed Revised Sign Ordinance for
Downtown from Port Angeles Downtown Association
Councilman Stamon moved to accept the report from the Port Angeles Downtown
Association and to remand the issue to the Planning Commission to begin the
public hearing process. Councilman Lemon seconded and the motion carried
unanimously.
5. Consideration of Service Contracts
Councilman Stamon moved to authorize the Mayor to sign the service contracts
for (A) Public Information Professional Services, Cochrun Graphic Arts
Promotions; (B) Derby Days; (C) Economic Development Council; (D) Chamber of
Commerce; (E) Amendment to Health Services Agreement, Clallam County and
City; and (F) Clallam County Historical Society. Councilman Sargent
seconded and the motion carried unanimously.
No action was taken on this issue.
-7-
6. Follow -up on "Jake Brakes" On -Going Discussion with Trucking
Companies and Operators
Chief Cleland reported to the Council on the issue of jake brakes, stating
the Police Department has spoken to various drivers and operators and sent
members of the Department to Atlas Trucking to learn about the operation of
jake brakes. He requested the Council wait until the April 4th meeting for
staff to come back with an ordinance. This would allow the Department to
finish the steps involved in drafting such an ordinance.
Councilman Lemon moved to defer to the April 4, 1989, City Council meeting
Items 7: Mayor McPhee's Request To Discuss Quality of Chip Seal Project,
Particularly Francis Street and a Portion of West 12th Street; 8: Consid-
eration of Wellness Committee's Recommendations on Pharmacy Contract; 9:
Consideration of Recommendations for Appointments to Senior Center Board of
Directors; 11: Consideration of Letter of Resignation from Board of Adjust-
ment from Geral Barnhart Effective April 1, 1989; 12: Ordinance Estab-
lishing Salaries for Local 997, International Brotherhood of Electrical
Workers (Addition of 2% COLA); and 13: Reschedule Council Meeting of July 4,
1989. Councilman Gabriel seconded. On call for the question, the motion
carried, with Councilman Stamon voting "No
10. Consideration of Agreement with Washington State Department of
Transportation for Re- Striping Highway 101 After Overlay
Councilman Hallett moved to authorize the Mayor to sign the agreement with
the Washington State Department of Transportation for placement of traffic
control devices, per Chapter 47.24 RCW, in conjunction with the scheduled
overlay of Front and Lincoln Streets. Councilman Lemon seconded. On call
for the question, the motion carried unanimously.
14. Recycling of Newspaper and Ledger Paper
Councilman Gabriel stated the City currently subsidizes a recycling business
in town to pick up corrugated cardboard, and he had received a can saying
the company would no longer be picking up ledger paper, newspaper, and those
types of items. He requested Director of Public Works Pittis to report back
to the Council at the next meeting on the effects this discontinuation of
service would have and how much waste it would constitute.
Director Pittis stated the Recycling Committee would be meeting on March
28th to discuss this issue, and if it was permitted by the Council, the
Recycling Committee would work through the options.
Councilman Gabriel stated discussing it at the Recycling Committee's March
28th meeting would be acceptable.
Councilman Sargent requested the Recycling Committee meeting agenda add
information and sample ordinances banning the use of polystyrene foam
containers and to make a recommendation to the Council.
IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS
Manager Flodstrom pointed out to Council a letter included in the packet
from Wayne Chapman, one of the principals in the proposed senior housing
project for Seventh and Peabody. Mr. Chapman is requesting the Council
extend the closing time for that property from the March 25th date to some
six months later, to allow reconsideration of the density request, possibly
under an amendment to the Zoning Code or through the Board of Adjustment.
Councilman Lemon moved to extend the closing date for the sale /purchase
agreement of City -owned property at the southwest corner of Seventh and
Peabody Streets from March 25, 1989, until September 25, 1989. Councilman
Sargent seconded and the motion carried unanimously.
Councilman Hordyk left the meeting at 10:02 P.M.
Councilman Sargent requested Staff provide the final figures on the snow
impact reports and any additional expenses the City incurred during the snow
so the Council could consider an additional appropriation into the budget to
allow the Public Works Department to accomplish" the other items in the
budget. Manager Flodstrom stated they would provide those numbers to the
Council and also try to give the Council an estimate of what additional cost
the City may incur for added roadway maintenance as a result of the severe
weather. However, they may not report back to the Council for an amendment
to the budget ordinance until further along in the year to ensure there are
no other areas which may need some corrections.
Staff and Council also discussed Item No. 5 on the Information Agenda, the
Traffic Study at Fifth and Peabody Streets for a four -way stop improvements.
X ADJOURN TO EXECUTIVE SESSION
There was no need for an executive session.
1311
CITY COUNCIL MEETING
March 21, 1989
CITY COUNCIL MEETING
March 21, 1989
XI ADJOURNMENT
CC. 62
1312
Councilman Stamon moved for adjournment. Councilman Hallett seconded and
the motion carried. The meeting adjourned at 10:09 P.M.
Clerk
Mayor
r
ft-,