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HomeMy WebLinkAboutMinutes 04/16/1985 r4 CITY COUNCIL MEETING Port Angeles, Washington April l6, 1985 I CALL TO ORDER - SPECIAL MEETING Mayor Whidden called the special meeting to order at 6:00 P.M. for the purpose of interviewing candidates for positions on the Planning Commission and the Parks, Recreation and Beautification Commission. II INTERVIEWS The Council interviewed Dave Burns for the vacant position on the Planning Commission and Ardis McWilliams and Terry Gilmore for the vacant position on the Parks, Recreation and Beautification Commission. III CALL TO ORDER - REGULAR MEETING Mayor Whidden called the meeting to order at 7:01 P.M. IV ROLL CALL Members Present, Mayor Whidden, Councilmen, Gerberding, Haguewood, Quast, Schermer and Stamon. Members Absent: Councilman Hordyk. Staff Present: City Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson, P. Carr, M. Cleland, R. Saville, J. Marsh, L. Glenn, J. Pittis, R. Orton, A. Rose, L. Danks, C. Gagnon, and T. Smith. Public Present: G. Pressley, J. McDonald. W. E. LeGro, M. & K. Greubel, R. Taylor, E. Hansen, L. Sunny, L. Lee, S. Fahnestock, T. Weber, C. Rennie, D. Davison, J. Austin, D. Burns, J. Williams, B. I.aRue, F. & L. McPhee, R. Sullivan, C. Hulse, G. Knutson, and D. Dumas. V APPROVAL OF MINUTES OF APRIL 2, 1985, REGULAR MEETING Councilman Quast moved the Council accept and place on file the minutes of the April 2nd regular meeting. Councilman Gerberding seconded. councilman Stamon noted on Register Page 321 that the discussion was regarding the Cemetery Manager selling and repurchasing crypts. The motion to approve the minutes as amended carried. VI CONSENT AGENDA Councilman Quast moved the Council accept the items listed under the Consent Agenda, including (1) Correspondence from the Washington State Liquor Control Board; and (2) Vouchers of $233,861. 36 and Payroll of $209,793.81. Councilman Schermer seconded. Following discussion of the new guardrail at Sixth and Albert Streets, and explanation from Public Works Director Pitti.son the status of the mechanized collection universal gripping arm, the motion carried. VII FINANCE 1. Bid Awarded to Peninsula Fuel - Vern.Burton Memorial Community Center Heating System Councilman Quast moved to accept the low bid of $6,116.85 including tax, from peninsula Fuel Company. Councilman Gerberding seconded. Councilman Haguewood inquired as to what was included in the bid. Councilman Gerberding inquired about bids that had been determined incomplete. Parks and Recreation Director Marsh explained these bids had been on only the shower heating system or the regular heating system, rather than on both items. Following further discussion, on call for the question, the motion carried. I I I I I I CITY COUNCIL MEETING April 16, 1985 2. Payment to Riddell Williams - $10,073.67 for Legal Representation on WPPSS Issues Councilman Schermer moved (regretfully) to approve payment of the April 2, 1985, Riddell williams bill in the amount of $10,073.67. Councilman Quast seconded. Councilman Quast inquired as to the status of expenditures to date on WPPSS litigation. Attorney Knutson indicated a memo summarizing the totals would be presented at the next Council meeting. VIII ITEMS FROM THE AUDIE~CE TO BE PLACED ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA None. IX LEGISLATION 1. Update on Port Angeles Waterfront Pro~ect - Jim Going (Listed as #8 on original agenda) Mr. Going addressed the Council and read the following letter into the record: Dear Mayor Whidden: We have received a proposal for Lincoln Street Landing from a well-known Seattle-based lender. The proposal is subject to two items. One, that we increase the developers' total financial net worth. This was completed Monday, April 15th and has been so communicated to the lender, together with the appropriate financial statements. Second, the lender wishes to visit Port Angeles and, specifically, the site. I anticipate this review of the area and inspection of the site will occur early in the week of April 22nd. As a result of this lender I s proposal, today I notified Jerry Hendricks, Director of the Port of Port Angeles, that we will be exercising our option with the Port by May I, 1985. Very truly yours, James M. Going, Managing Partner (Waterfront Associates) The Council congratulated Waterfront Associates. construction is expected to begin around June 1, 1985, opening is planned for Lincoln Street Landing. Mr. Going stated and a spring, 1986, ~. 2. Presentation of Certificate to Charles Gagnon Mayor Whidden presented to Charlie Gagnon, certification as a Water Pollu- tion Control Plant Operator in Training and congratulated Charlie. Public Works Director Pittis explained also that Charlie Gagnon and Ralph Ells- worth had recently provided their talents as scuba divers to complete an inspection of the Elwha Well. Mayor Whidden stated this is an excellent example of the type of employee the City is blessed with. 3. Presentation of American City and Co~nty Award The City of Port Angeles has won a first place award from American City and County magazine for the community service project administered by the Public Works Department. The first place award was for maintenance of streets and rights-of-way. Manager Flodstrom explained that this program utilizes individuals who have been given court sentences, who perfom community service labor in lieu of serving a jail sentence. Mayor Whidden then presented the award to Public Works Director Pittis. 4. Public Hearing - City Hall Facilities - Public Input Mayor Whidden opened the public hearing and asked for comments. Frank McPhee, 911 East Eighth Street, addressed the Council, referring to the financing options for the new City Hall. Mr. McPhee disagreed with a number of items in the financing options report. He supported voter 325 3?6 CITY COUNCIL MEETING April 16, 1985 approved general obligation bonds at a fixed interest rate. Marie Greubel, 313 West 13th Street, spoke at length, urging the City Council and staff to call for a vote of the public on this issue. Lu McPhee, 91l East Eighth, felt that many issues were not properly addressed in the Draft Environmen- tal Impact Statement prepared by staff. She favored upgrading present facilities versus building a new facility, or possibly renting office space nearby. She felt the public should be encouraged to address the question of need. She felt funds could be directed to projects other than the construction of a new City Hall. She recommended an individual who is an architectural consultant for the handicapped, and stated the individual has 1- offered his services free of charge to help make City facilities accessible to the disabled. Pete Hart, 505 East Ninth Street, noted how many cities in the United States would have to remodel their city halls to meet Federal handicapped requirements and stated he had no way to figure the cost. Mayor Whidden asked for further comments from the audience. Ray Taylor referred to a written statement he had submitted regarding a new City Hall. Mayor Whidden then asked again for comments. There were none. He therefore closed the public hearing. Mayor Whidden indicated this had been the fifth public hearing on the matter. Upon inquiry from Councilman Quast, Attorney Knutson noted that written input and comments received would be considered in the final Environmental Impact Statement. Manager Flodstrom reminded those present that the final deadline for receiving public input is April 26, 1985, and encouraged public comment. Mayor Whidden then read into the record a letter from the Port Angeles Business Association signed by President Gary Reidel. Mayor Charles Whidden: The Port Angeles Business Association, at its regular meeting Tuesday, April 9th, approved a motion to be against building a new city hall without the vote of the citizens of Port Angeles. We believe strongly that the voice of the people is most important and I mandatory regarding decisions that will affect their pocketbooks. Gary M. Reidel, President, Port Angeles Business Association Mayor Whidden again noted the telephone number specifically for the purpose of receiving input on the City Hall facility. That number is 452-6833. 5. Planning Commission Minutes of April 10, 1985 A. Conditional Use Permit Approved - Colleen Williams Request has been made for a Conditional Use Permit to allow a beauty shop as a home occupation in the RS-7, single-family residential district, located at 1516 West Seventh Street. Councilman Quast moved to concur with the recommendation of the Planning Commission to approve the Conditional Use Permit, subject to the following conditions: (l) That it be limited to one operator; (2) That only two customer vehicles be present at anyone time; and (3) That visible address numbers and a fire extinguisher be installed, in accordance with NFPA #10 and the Uniform Fire Code, and citing the following findings: (A) The Home Occupation will not introduce excessive noise, vibration or odor into this residential district; (B) If properly controlled, vehicle traffic and on-street parking will not be significantly increased; (C) The Home Occupation will not adversely impact nearby adjacent residential properties; and (D) It will not endanger the public health, safety, morals or welfare, and is in the public interest. Councilman Stamon seconded and the motion carried. I B. Conditional Use Permit Approved - Gladys Pressley - Boarding Home for Adults A request has been made for a Conditional Use Permit to allow a boarding home for the care of adults as a Home Occupation in the RS-7 zone, located at 909 South "N" Street. D. McWilliams, 818 Seamount Drive, addressed the Council. Mr. McWilliams stated he had not attended the public hearing of the Planning Commission due to lack of knowledge about it. Mr. McWilliams questioned what he termed the City's change in direction and attitude regarding the need for a Conditional Use Permit to operate a foster home for adults and asked the I I \1 CITY COUNCIL MEETING April 16, 1985 Council to consider whether it was condoning the use of the term "foster home" as merely a substitute for a nursing home. He noted several concerns regarding ramps and the number and condition of residents and urged the Council to consider the Conditional Use Permit the City's license to periodically check the facility to ascertain that it meets all require- ments. Gladys Pressley, operator of the foster home, addressed the Council. She stated the facility had been inspected by the Department of Social and Health Services three times since December of 1984;. that she had never had a totally bedridden person in the facility; and if the City did grant the Conditional Use Permit, she would still be unable to obtain a license for the boarding home until a State inspection of the facility had been completed. Jeanne McDonald, 2012 West 14th, addressed the Council. Mrs. McDonald stated that her sister-in-law had been a resident of Mrs. Pressley's home and explained her medical condition and residence at the foster home. Clinton Hulse, 2089 Hulse Road, addressed the Council. Mr. Hulse's mother is currently a resident of Mrs. Pressley's facility. Mr. Hulse commended Mrs. Pressley's facility very highly, and felt this was a very good alternative to a nursing home. Mrs. Pressley readdressed the Council, reading letters from venita and Richard Melville and Mike Buchanan supporting issuance of a Conditional Use Permit. councilman Stamon indicated she had visited the facility that day unannounced and was very impressed with the quality of the facility and care individuals were receiving. Her main concern was access and egress in the event of fire. Following further discussion, Councilman Schermer moved the Council concur with the recommendation of the Planning Commission and grant the conditional use of this facility as a boarding home for the care of adults, as licensed by the Department of Social and Health Services, subject to meeting the DSHS requirements; citing that there would be no increase in population density (above 6 individuals) and given the condition that public safety would continue to be maintained. Councilman Stamon seconded. upon inquiry from Mayor Whidden, City Planner Carr noted the application was originally submitted for an adult foster home; however, it was deter- mined that Mrs. Pressley was asking for an adult boarding home, governed by a separate set of regulations. Councilman Quast inquired if the posted notice for the neighborhood was for a continuation of a Conditional Use Permit. City Planner Carr stated that it was not a continuation, as the original interpretation was that an adult foster care home as defined by the State, was a permitted residential use in all single-family residential zones. He confirmed that this had been for the care of four individuals. He stated the posting notice is generally taken from the application, and in this instance, essentially the same type of care is being provided as that of an adult foster care home, but for more people. Councilman Quast moved to table the matter. This motion died for lack of a second. Mrs. Pressley again addressed the Council, stating she was planning to move a handicapped person to the downstairs apartment where there is easier access. Upon inquiry, Attorney Knutson stated the Planning Commission decision makes it clear that the Department of Social and Health Services licensing procedure still has to be followed. He stated the concerns before the City Council are the same as were before the Planning Commission; specifically, land use concerns under the Zoning Ordinance and the Comprehensive Plan. Following further discussion, on call for the question, the motion carried, with Councilman Quast voting "No". C. Conditional Use Permit Approved with Additional Conditions Ha1ey/Newgent A request has been made for a Conditional Use Permit to allow a self- service auto laundry in the CSD-C2 Community Shopping District located at 15th and "C" Streets. Sheila Farmin-Aumick, manager of apartments at 1419 South "C", had ques- tions and ,concerns on the proposed car wash, noting great concern in regard to the following: RV and truck washing; 24 hour operation of the facility; 327 328 CITY COUNCIL MEETING April 16, 1985 lighting disturbing individuals; entrance and exit; and increased litter. She asked if there would be any employees provided to clean up grounds. Gerald Powell, 718 Elizabeth Place, owner of the Redwood Manor located at 1520 South "C" Street, believed the facility was going to be for RV I sand trucks only and that a steam cleaning unit would be installed. He feared vandalism and litter would increase. He inquired as to the height of the car wash. Mrs. Norman Stovall, 816 West Sixth, owner of a four-p1ex at 1015 West I 15th, noted concern over increased noise and 24-hour lighting discouraging - people from renting there. She requested the Council authorize only a day-time operation. Teddy Weber, owner of 1012 West 15th, adjoining the proposed car wash, noted concern over vandalism, lighting, noise, the safety of school children, etc. She felt the neighborhood would be more tolerant of the project if it were limited to day-time hours. Hank Gibson, representing Tim Haley, addressed the Council. He stated the project was to wash cars only; that five bays would accept only a normal-size car, with one bay slightly larger to accept a truck and camper. He further described the lot and the proposed project. He indicated no steam cleaning equipment would be installed and vacuum units would be located toward the street. He stated trash containers would be placed at the vacuum units and would be emptied every day. He also noted a six-foot fence was proposed at the rear of the property. He presented a petition containing 147 signatures urging issuance of the Conditional Use Permit. He felt the opposing petition was somewhat invalid, as it described a six-lane truck and RV wash. He also stated that cross-referencing indicated six individuals had signed both petitions. He stated trucks are seldom seen in the area, and other truck washing facilities are available in Port Angeles. Councilman Stamon inquired if the entire site would be paved. Mr. Gibson I stated that it would (excluding landscaped areas). Councilman Stamon inquired about access to the alley. Mr. Gibson stated the alley was not a crucial part of the project. Councilman Stamon asked if there would be a problem with restricting hours of operation. Mr. Gibson deferred this question to Mr. Newgent. Dorothy Dumas, co-owner of the property at 1012 West 15th, felt a car wash would add to noise pollution and would be difficult to maintain. Gerald Powell readdressed the Council, requesting a restriction be placed on access to the alley and a concrete wall be constructed separating the alley from the business. He also requested a copy of the petition favoring the project. Manager Flodstrom noted for the record that the City had received copies of a petition entitled: "We, the undersigned property owners and residents of the area of "C" Street between 15th and 16th Streets, object to the proposed construction of a six lane truck and RV wash." Councilman Haguewood felt this project was not compatible with the apartment complexes previously allowed by the Council. Councilman Schermer felt the main concerns appeared to be operation of the business at night. He felt the Council should avoid squelching business endeavors as businesses are being encouraged to expand. He did feel noise at night was certainly not compatible with apartment houses in the area. He also felt better screening should be provided between the facility and the neighboring residence. I Councilman Gerberding asked Mr. Newgent about the viability of a day-time operation. Bill Newgent, applicant for the Conditional Use Permit, felt many of the concerns of residents of the area would not take place. He stated the facility would be well maintained and would not be allowed to run down. He stated the six bays would alleviate noise because traffic would not be backed up. Upon inquiry from Councilman Gerberding, Mr. Newgent stated the business would have to be a 24-hour a day operation. Ray Taylor, 1025 West Sixth, addressed the Council. Mr. Taylor stated the project could not be compared to other businesses in the direct vicinity as these businesses operate only during the day. I I I CITY COUNCIL MEETING April 16, 1985 Following further discussion, Councilman Gerberding moved for concurrence with the recommendation of the Planning Commission to grant the Conditional Use Permit subject to the Planning Commission's conditions and the following additional conditions: The hours of operation be from 7:00 A.M. until 10:00 P.M., with the water and lights being on an automatic timer; no steam cleaning units be allowed; and access to the alley be restricted. Councilman Stamon seconded the mo~ion. Councilman Quast clarified that the second schematic design submitted by the applicant was the approved design. Councilman Schermer requested revised wording of the first condition of the Planning Commission, adding landscaping as well as a fence. Councilman Gerberding concurred. On call for the question, the motion carried. The Conditional Use Permit for a car wash was approved subject to the fol- lowing conditions: (1) Vision-Obscuring fence and low-maintenance land- scaping is installed on the west property line to a height of 6 feet, and low-maintenance landscaping be provided in the planting strips on 15th and "c" Streets; (2) Sidewalk be installed on "c" Street; (3) All lights be shaded so as not to shine on abutting residential property; (4) A drainage plan be submitted with the building permit; (5) The hours of operation be from 7:00 A.M. until 10:00 P.M., with water and lights being on a timer; (6) No steam cleaning units allowed; and (7) Access to the alley be re- stricted; with the following findings: Provided the conditions are at- tached, the use can be compatible with the adjacent properties and uses; traffic patterns and impacts will not be detrimental to abutting prop- erties; and the use is related to a neighborhood commercial activity. D. Conditional Use Permit Approved - MG Medical Request has been made for a Conditional Use Permit to allow a business selling medical supplies located at 402 East Lauridsen Boulevard, in the Office Commercial District. David Johnson, attorney representing the owner of MG Medical, addressed the Council. Mr. Johnson outlined the nature of the proposed business. Councilman Quast moved to concur with the recommendation of the Planning Commission and approve the Conditional Use Permit, citing the following findings: (1) The use is compatible with the adjacent non-residential uses; and (2) Peabody Street and Laurdisen Boulevard provide adequate access and safety for the proposed use and abutting properties. Councilman Gerberding seconded. The motion carried. Planning Commission Minutes of April lO, 1985, Accepted Councilman schermer moved to accept and place on file the April 10, 1985, minutes of the Planning Commission. Councilman Stamon seconded and the motion carried. 6. Funding Request from Port Angeles Symphony Initiated Service Contract Bill LeGro addressed the Council regarding the Symphony 1 s . request for funding for a proposed trip to China scheduled for June 26th through July 12, 1985. Following discussion at great length, Councilman Quast moved that the City enter into a service agreement with the Port Angeles Symphony for up to five concerts (particularly the Labor Day Pops Concert), and the hotel/motel restaurant industry be invited to participate by distributing special free tickets to tourists. For those services, he moved $2,500 be made available to the Symphony. He further moved that the City investigate the possibility of a presentation of official mementos to officials of Chinese cities. Councilman Gerberding asked Mr. LeGro how much lost revenue would result to the Symphony. He was concerned, as he had considered an amount of approxi- mately $5,000. Councilman Quast stated that if the Symphony were to run short, the City could renegotiate with them next year. He explained fur- ther his intent that arrangements be made for free invitations to be given to the restaurant and motel industry which generate these funds. He stated in addition, the City should research whether it can legally provide the official representative of the City of Port Angeles with the appropriate mementos to be handed to Chinese officials. Councilman Schermer seconded the motion which carried, with Councilman Haguewood abstaining. 7. Transient Merchants' Ordinance - Adopted Erl Hansen of the Port Angeles Chamber of Commerce addressed the Council, providing baCkground on the development of the Ordinance, which was 329 330 I I I CITY COUNCIL MEETING April 16, 19B5 sponsored by the Chamber of Commerce, the Port Angeles Business Associa- tion, and the Port Angeles Downtown Association. Mr. Hansen and Council- members discussed the matter with staff at length. Mayor Whidden then read the ordinance by title, entitled ORDINANCE NO. 2339 AN ORDINANCE of the City of Port Angeles establishing a business license requirement and related regulations for transient merchants and adopting a new chapter, 5.58, in the Port Angeles Municipal Code. I Councilman Schermer moved to adopt the Ordinance as read by title. Councilman Stamon seconded and the motion carried. 8. Presentation by the Economic Development Council of 1985 Goals and Objectives - Comments from Ted Gage on Local Participation in Welcome Magazine Bob Levin informed the Council that the Economic Development Council had completed a review and refocus of the organization. He stated there were no quick-fix answers to diversified economic development in Clallam County, and the EDC has little decision ability or resources, but that it is the forum for the community to coordinate and initiate activities and opportuni ties. He stated the EDC is only a facilitator, and that only those with resources and power can make economic development happen. He stated the EDC Board had noticed that not all want or need the EDC or economic development, but the EDC membership and its supporters do believe that all in the community will benefit through jobs. He stated that through the EDC, we can continue efforts to attract businesses and continue tourism activities, finalize the Harbor Management Plan, and hopefully initiate one in Cla11am Bay. He then outlined some of the 1985 goals of the EDC, including focusing on small and mid-sized businesses, such as Hiller and subcontractors. He noted that in 1984, 224 information requests I had been received with further requests continuing, and that exciting decisions might be made this year in Clallam County. He stated the EDC is also focusing on strengthening tourism activities by refocusing and supporting the early use of available hotel/motel tax monies. He noted the EDC is focusing on marketing the Harbor as soon as the Harbor Management Plan begins to identify opportunities, probably including ship-basing possibilities. He noted two new activities being undertaken by the EDC, one being an initiative exploring ways to maximize the economic benefits from wood products. He stated also that the EDC has invited all the Chambers of Commerce in the County to meet to discuss how to assist existing businesses in developing financing skills, information and marketing to make more profits and to ascertain whether the County has the right businesses to insure services and profitability to the Community. Mr. Levin requested permission to appear again at a later date, due to the late hour. Ted Gage informed the Council of recent developments occurring during negotiations with Welcome Magazine. Following Mr. Gage's presentation, the Council concurred to receive a presentation from Mr. Gage on an alternative promotion package early on the agenda of the next City Council meeting. 9. Proclamation of National Medical Laboratory Week Mayor Whidden proclaimed April 14 - 20, 19B5, as National Medical Labora- tory Week. I 10. Open Space Taxation Request from Hyden and Deane Councilman Stamon moved to refer this matter to the Real Estate Committee and schedule a meeting for April 30, 1985, at 1:30 P.M. Councilman Gerberding seconded and the motion carried. 11. Residential Summer Water Rate Ordinance - Adopted Mayor Whidden read the ordinance by title, entitled I CITY COUNCIL MEETING April 16, 1985 ORDINANCE NO 2340 AN ORDINANCE of the City of Port Angeles establishing rates for water service in the summer for residential use, amending Chapter 6, Section 2, of Ordinance 2323, and amending Chapter l3.44 of the Port Angeles Municipal Code. I Councilman Haguewood spoke in opposition to the ordinance, favoring free sprinkling in the summer. Following further discussion, Councilman Schermer moved to adopt the Ordinance as read by title. Councilman Stamon seconded, and the motion carried, with Councilman Haguewood voting "No". 12. Codification and Update of Ordinance Regulating City Light Department Continued until May 7~ 1985. 13. Pea Patch Lease Agreement - Renewed Councilman Gerberding moved to authorize Mayor Whidden to execute the lease agreement renewal. Councilman Stamon seconded, and the motion carried. 14. Donna Davison Appointed to the Planning Commission Councilmembers cast ballots for the position. Donna Davison was selected to fill the vacant position on the Planning Commission. Terrence Gilmore Appointed to the Parks, Recreation and Beautification Commission 'The Council cast ballots and selected Terrence Gilmore to fill the vacant position on the Parks, Recreation and Beautification Commission. 15. Utility Advisory Commission Meeting Scheduled - April 30, 1985 The Council scheduled a Utility Advisory Commission meeting for April 30, 1985, for the purpose of discussing load management and landfill functional standards. 16. Request for Authorization for City Manager to sign "Memo of Understanding" with Clallam Transit System Continued to May 7, 1985. X LATE ITEMS None. XI ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA None. XII ADJOURN TO EXECUTIVE SESSION Mayor Whidden adjourned the meeting to executive session at 10:20 P.M. The purpose of the executive session was to discuss personnel matters. I XIII RETURN TO OPEN SESSION The meeting returned to open session at approximately 10:45 P.M. XIV ADJOURNMENT Mayor Whidden adjourned the meeting at approximately 11:00 P.M. Lbfg/2{' rJ ,/~ ~rk 0~~Ju )JLL Mayor 331