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HomeMy WebLinkAboutMinutes 05/01/1979175 CITY COUNCIL MEETING Port Angeles, Washington May 1, 1979 1 I CALL TO ORDER The meeting was called to order by Mayor Haguewood at 7:30 P.M. II ROLL CALL Members Present: Mayor Haguewood, Councilmen Anderson, Boardman, Buck, Duncan, Wray. Members Absent: None. Staff Present: Manager Whorton, Attorney Miller, Deputy Clerk Caso. P. Carr, D. Flodstrom, G. Richardson, K. Rodocker, M. Cleland, A. Rose, D. Frizzell, R. Orton, J. Honnold. Guests Present: C. Arlen, A. York, V. Alexander, D. Alexander, J. Calhoun, D. Calhoun, L. Sunny, J. Vincent, H. Rempel, J. Whipple, G. Rempel, K. Balducci, A. Possum, H. Layman, J. Olson, H. Berglund, T. Weed. M.Alstott, C. Whidden, K. Tharaldsen, M. Wolniewicz, K. Clark. III MINUTES Councilman Buck moved the Council accept and place on file as received the minutes of the April 17, 1979 meeting. The motion was seconded by Councilman Wray and carried. 1 IV ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Mr. Leo Sunny discussed audience participation during regular agenda matters and "items not on the agenda" with Mayor Haguewood. Ms. Barbara Englund addressed the Council to inform them that Mr. C. Schlosser was still operating his home-based car repair shop, even though his conditional use permit was denied by the Council at their February 6, 1979 meeting and he was directed to cease operation. Ms. Englund requested some enforcement of the Council's decision. V LEGISLATION 1. PLANNING COMMISSION Mayor Haguewood read the minutes of the Planning Commission meeting of April 25, 1979 with the following action being taken by the Council: A. Conditional Use Permit: Layman & Possum 1 Mayor Haguewood opened the public hearing on Mr. Layman and Mr. Possum's request fora conditional use permit for reduction in required parking for a 4424 square foot office building located on the southwest corner of Thirteenth and "C" Street, and requested comments or questions from the audience. There were no comments and the public hearing was closed. Councilman Boardman then moved the Council concur with the recommendation of the Planning Commission and approve the conditional use permit for Mr. Layman and Mr. Possum for reduction of required parking spaces from 22 to 18, subject to the condition that the required parking spaces be put to landscaping, and in the event it is determined that the 4 spaces are needed, they will be provided. The motion was seconded by Councilman Hordyk and carried. 6 CITY COUNCIL MEETING May 1, 1979 V LEGISLATION 1. Cont. B. Final Plat: Samara Woods Division I: J. Key Mayor Haguewood opened the public hearing on the final plat of Samara Woods, Division I, consisting of 34 single-family lots on 9.22 acres located between 12th and 14th Streets immediately west of the Highland Hills plat, and requested comments or questions from the audience. ' There were no comments and the public hearing was closed. Councilman Buck then moved the Council concur with the recommendation of the Plan- ning Commission and approve the final plat of Samara Woods, Division I, because it complies with the subdivision regulations and conforms to the preliminary plat as approved. The motion was seconded by Councilman Anderson and carried. C. Final Plat: Samara Woods Division SI: J. Key Mayor Haguewood opened the public hearing on the final plat of Samara Woods, Division II, consisting of 4 duplex lots and 27 single-family lots on 8.7 acres located between 12th and 14th and east of "0" Street, and requested comments or questions from the audience. There were no comments and the public hearing was closed. Councilman Wray then moved the Council concur with the recommendation of the Planning Commission and approve the final plat of Samara Woods, Division II, contingent on having lots 14, 17, 19 and 24 labled as duplex lots, based on the fact that the plat complies with the subdivision regulations and conforms to the preliminary plat as approved. The motion was seconded by Councilman Buck and carried. D. Councilman Anderson moved the Council approve and place on file the Planning Commission minutes of April 25, 1979. The motion was seconded by Councilman Wray and carried. 2. PUBLIC HEARING: WITHAM REZONE REQUEST Mayor Haguewood opened the public hearing on Dr. R. Witham's request to change the zoning on two lots at Georgians and Chambers from RS-7 single family to RB residential buffer, and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Mayor Haguewood then introduced and read by title Ordinance No. 2021 entitled, Ordinance No. 2021 AN ORDINANCE of the City of Port Angeles amending Ordinance No. 1709 by rezoning a portion of Block 3, Dyke Land Company Subdivision, from RS-7 to RB. Councilman Wray moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Hordyk and carried unanimously. 3. PETITION: ATHLETIC COMPLEX Councilman Anderson moved the Council take this agenda item from the table. The motion was seconded by Councilman Boardman and carried. _ During the April 17, 1979 regular Council meeting,.Mayor Haguewood referred this matter to Attorney Miller for an opinion on whether the City may expend funds on acquisition and development of a park and recreational facility out- side the corporate limits of the City. At this meeting, Mayor Haguewood read a -memorandum from Attorney Miller stating that, according to RCW 35.22.280, "any city of the first class shall have power: (11) to acquire, by purchase or otherwise, lands for public parks within or without the limits of such city, and to ianprove the same." CITY COUNCIL MEETING May 1, 1979 LEGISLATION 3. Cont. Councilman Buck then moved the Council appoint two Council members to meet with Park Commissioners, School Board members and representatives of the Slow Pitch and Jr. Soccer Association in a joint committee to in- vestigate the possibility of an athletic complex at Monroe School. The motion was seconded by Councilman Duncan and carried. Mayor Haguewood then appointed Councilmen Anderson and Buck as the committee members. 4. WEENIE WAGON/W1IIPPLE KEY SHOP A. Weenie Wagon 177 During the April 17, 1979 Council meeting, Manager Whorton informed the Council that he had contacted the owners of the "Weenie Wagon" and the Whipple Key Shop, both of which are located on the Albertson Store parking lot and in violation of various City and State codes. Both firms were directed to cease operation effective April 27, 1979 pending compliance with codes. At this meeting, Mayor Haguewood indicated that the Weenie Wagon will be discussed first, followed by the Key Shop. Mayor Haguewood then read two letters from Attorney Hank Hibbard, re- presenting the managers of the Weenie Wagon, concerning what will be needed for them to continue in business. Following the letters, Mr. Hibbard spoke at length to the Council on whether the weenie Wagon can continue to operate pending full clearance through either a conditional use permit or variance, or other zoning somewhere in the City. Subjects discussed by Mr. Hibbard, the Council, Attorney Miller and various members of the audience included a correct definition of the weenie wagon, the procedures which need to be taken to revoke the "Peddlers" business license issued to the Weenie Wagon by the City, options available for continuing in business, compliance with Department of Labor and Industry's regulations, and what liabilities, if any, the City would incur if the Weenie Wagon was allowed to continue. The discussion concluded with Councilman Buck moving that the Weenie Wagon be allowed to operate at its present site until such time as the proper procedures can be taken to determine the finality of this matter, and refer the matter to the Planning Commission for consideration. The motion was seconded by Councilman Anderson and carried. B. Whipple Key Shop Ms. Nancy Sager, of Evergreen Legal Services, was present at this meeting to represent Mr. Whipple in regard to the Whipple Key Shop on the Albertson Store parking lot. Following a brief presentation which included back- ground information on the Key Shop and the problems Mr. Whipple has ex- perienced since he first started this business, Ms. Sager stated that Mr. Whipple is anxious to cooperate with whatever steps must be taken to re- main in business. The Council, Manager Whorton, Attorney Miller and several members of the audience discussed this matter at length. Subjects discussed in- cluded the options available to Mr. Whipple, compliance with the Depart- ment of Labor and Industries, what action, if any, the Planning Commission has taken on this matter, and the possibility of setting a precedent for this type of business. Councilman Hordyk then moved the Council allow Mr. Whipple to operate his business as long as he can operate it, and at such time as he can no longer operate the business, the structure should be removed and that City ordinances should be amended so that a parking lot cannot be subleased in any manner. The motion was seconded by Councilman Buck and carried. 5. EFSEC REPORT: JOHN KEEGAN Mr. John Keegan, of Logerwell, Cohen, Andrews and Keegan, submitted a schedule of the EFSEC major events occuring between April 19 - June 30, 1 979 which will require legal work, and commented briefly on each event. 1 I O CITY COUNCIL MEETING May 1, 1979 V LEGISLATION 6. DNR EASEMENT REQUEST: MORSE CREEK Mayor Haguewood read a request from the DNR to grant it an easement across the South one-half of the Northwest Quarter of the Southeast Quarter of Section 6, Township 29, Range 5; this is the same piece of property over which an easement has been previously granted by the Council to Burrowes and Fox. Mayor Haguewood also read a memorandum from Attorney Miller stating that if an easement is granted to DNR, similar condtions should be estab- lished as those contained in the Burrowes and Fox easement. Mr. Miller outlined six of the conditions contained in the Burrowes and Fox easement which could apply, and also suggested the following: (1) use of the ease-. ment herein granted shall be only by employees or agents of grantee; (2) grantee shall use the locked gate located pursuant to agreement between the Grantor and Burrowes and Fox Logging Co. to prevent public access to the property; (3) grantee shall save and hold harmless and shall defend the grantor against any claims or lawsuits for personal injuries or property damage arising out of or in any manner connected with the grant by the grantor of this easement; and (4) grantee shall not interfer or hinder use of the road described by this easement by prior grantee from the City. Councilman Hordyk then moved the Council grant the DNR's easement request, subject to the conditions stated in Attorney Miller's memorandum. The motion was seconded by Councilman Boardman. During discussion on the motion, Manager Whorton pointed ovt that this is not a permanent easement, as re- quested by DNR, but will run concurrently with the Burrowes and Fox easement which is for a period of twenty-five years. On call for the question, the motion was passed by the Council. 7. LEASE OF COMPACTOR: DIVERSIFIED INDUSTRIES Mayor Haguewood read a memorandum from Public Works Director Flodstrom re- garding a request from Diversified Industries to lease a City compactor truck in a trial program to collect and recycle cardboard. Mr. Flodstrom suggested that, should the Council endorse the project, it may be possible to enter into a contractual relationship with Diversified for "provision of recycling services", contribute the Ford packer as part of the agreement, retain legal ownership, have Diversified maintain and operate the vehicle and upon sale of the vehicle the City would receive the proceeds; if this contract is adopted, either the Sanitation Fund or General Fund should re- imburse Equipment Rental Mr. Flodstrom also pointed out that the City will need documentation from Diversified which will allow the City to assess the success of their program and the benefits the City is receiving. Mayor Haguewood also read a letter from Diversified Industries containing infor- mation on the landfill salvage and Cardboard collections systems. Councilman Anderson then moved the City enter into an agreement with Diversi- fied Industries for lease of a City compactor truck and that the funds for this will came from the General Fund to reimburse the Equipment Rental Fund. The motion was seconded by Councilman Duncan. During discussion on the motion, the Council discussed insurance coverage and maintenance of the compactor, Diversified's large volume of work, and the need for a long-range study of this program. On call for the question, the motion was passed by the Council. Mayor Haguewood then appointed Councilmen Anderson and Duncan to a committee to work with Diversified and the County on this matter. 8. DELHUR ANNEXATION AREA: REZONE REQUEST Sam Hurouorth, representing De1Hur, Tnc., submitted a letter requesting that the zoning be changed on the 40 acres he has proposed for annexation on the eastern boundary of Port Angeles. A large majority of the property is now designated as PBP zoning through the Periphery Zoning Resolution 5-72. This zoning was established when the property was owned by Peninsula Golf Club, however, circumstances have changed and in order to make any project financially feasible, a majority of the land now zoned PBP must be removed from that classification. Councilman Buck moved that the Council refer this request of De1Hur, Inc. to change the zoning from PBP to RS-9 to the Planning Commission for consideration. The motion was seconded by Councilman Wray and carried with Councilman Duncan abstaining. CITY COUNCIL MEETING ~ ~ Q May 1, 1979 V LEGISLATION 9. ORDINANCE: MOVING OF BUILDINGS Mayor Haguewood introduced and read by title Ordinance No. 2022 entitled, Ordinance No. 2022 AN ORDINANCE of the City of Port Angeles providing insurance requirements for the moving of buildings, and requiring com- pliance of moved structures w~.th building codes before sale, amending Section 14.32. 010 and 14.32.050 of the Code of the City of Port Angeles. Councilman Wray moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Hordyk and carried unanimously. 10. ORDINANCE: PRIVATE SECURITY FIRMS Mayor Haguewood introduced and read by title Ordinance No. 2023 entitled, Ordinance No. 2023 AN ORDINANCE of the City of Port Angeles establishing requirements or the report- ing of unauthorized entries by private security firms, and amending Section 5.96.170 of the Code of the City of Port Angeles. Councilman Hordyk moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Buck and carried unanimously. 11. CITY/COUNTY FUNDING: PROBATION OFFICER Mayor Haguewood read a memorandum from Assistant City Attorney Richardson regarding the City's role in funding the Municipal-District Court Probation Officer. Presently the City has budgeted $3,000 for this service, with the County budgeting $24,000. However, a recent letter received from the County Administrative Coordinator suggested that the City should be funding 50~ of this program. Considering the limited statistics available on the pro- portion of time which the probation officer spends handling Municipal Court referrals as opposed to District Court referrals, it was Mr. Richardson's recommendation that the City should rely on the historical 40-60~ relation- ship to determine the proper amount of funding that the City should contri- bute for this position. Manager Whorton then briefly reviewed the situation with the program and recommended the City enter into an agreement with the County to help pro- vide this service, with the City providing 40~ of the County's budgeted amount, or approximately $9,600, and that in the future the City's funding of this service be based on workload. Councilman Hordyk then moved the Council concur with Manager Whorton's recommendation as stated above, and that the funds for the additional $6,600 be taken from the Contingency Reserve Fund. The motion was seconded by Councilman Anderson and carried. 12. SHORELINE PERMIT: NORTHERN TIER PIPELINE CO. Mayor Haguewood read a letter from the Planning Department in regard to a request by Swan Wooster Engineering Inc. on behalf of Northern Tier Pipe- line Company for a Shoreline Substantial Development Permit to conduct test drilling and core sampling in approximately 24 locations in the Port Angeles harbor offshore of Ediz Hook. The application states that it "pertains only Celt CITY COi3NCIL MEETING May 1, 1979 V LEGISLATION 12. Cont. to the proposal to conduct test drilling and core sampling" and that the information provided by this operation is necessary for "design of the tanker berthing structures which would be part of the proposed Norther Tier Pipe- line Companys tanker unloading facilities in Port Angeles, Washington." Mayor Haguewood also read a letter from Mr. James V. Ellis commenting on why he felt the drilling should not be permitted. ' Councilman Anderson then moved the Council grant Swan Wooster's request fora shoreline permit for the above-mentioned drilling. The motion was seconded by Councilman Buck. During discussion on the motion, Mr. Keegan advised the Council to treat the application as they would any other; it will not effect his presentation before EFSEC and will aid in obtaining needed environmental data. The Council also discussed the impact and duration of the drilling with Planner Carr. On call for the question, the motion was passed by the Council. 13. TUMWATER BRIDGE PROJECT Mayor Haguewood read a memorandum from Public Works Director Flodstrom relative to selecting an engineering firm to design Tumwater Bridge. Councilman Anderson then moved the Council authorize the Public works Department to request proposals from engineering firms which have bridge designing capabilities for the design of the proposed Tumwater Bridge. The motion was seconded by Councilman Hordyk and carried. 14. RESOLUTTON5: PUBLIC HEARINGS II A. Street Vacation: Capitol Savings/DelGuzzi/Backer 4heard and determined by this council n4E mon"tltan sixty Ma or Ha ewood introduced and read b title Resolution No. 17-79 (~1 . by~ess than twenty y ~ y ' (2Q) hot, to wit: on entitled, the Sth`do Jijne, 1979. Section Th• City Clerk is hereby di erred to give Resolution No. 17-79 twenty {20 aye notice of the pendency said petition oaordinp Itt,'IFie provisions of A RESOLUTION of the City Of Port Angeles Rcwss.7t. setting a hearing date for a petition to PASSED ~j' tfie Council of the City of Poft Angeles this VdCate a portlOn Of an alley 1ri BlOCk 128, 1st day of May; 1979. D. W. MOrse'S SubdivisiOri. 'Somual J: Haguewood MAYOR ArY~sr: ~° Councilman Buck moved the Council adopt the foregoing Resolution as Marion C.',~i rt•ish, City Clerk PROVED AS TOPORM: read by title by Mayor Haguewood, setting a public hearing date of ~ig L. ?~~f@r, !'ity Attorney June 5 1979 for this etition and refer the lPub'*~MdG7. 13, [0, 27, 1979. r p r petition to the Planning `~ Commission for consideration. The motion was seconded by Councilman Boardman and carried. B. Solid Waste Comprehensive Plan Update RESOLUTION NO. 18-79 A': R.EUTION o1 the City of Port ~~i;ngeles setting a public, r,ng date for review 9 update of the CIalltir~County Com- prehensive Solid Waste Mpnogement Plon. WHEREAS pursuant to RCW 70.95,020 and RCW 70.95.110, the City of Port Angeles and the County of CEallam must develop, and maintain in current condition a Com- prehensive Sofid Woste Mpnpgement Plan. WHEREAS, pursuant to said laws, the Gty Council of the City Hof -Port Angeles, Washington, being the legislative body of said City, shall ~eold a public hearing on the q~iate and revisions of said tlmprehensive pion on Moy 15, 1979. PASSED by the Council of the City of Port Angeles this 1 st doy of May, 1979. .Samuel J. Haguewood - ~ Mayor ATTESY: Moriari'~'Parrish, City Clerk Approved es to form: Craig L. er, City Attorney Pub.: M y 6 11.20. 1979. sh7on Mayor Haguewood introduced and read by title Resolution No. 18-79 entitled, Resolution No. 18-79 A RESOLUTION of the City of Port Angeles setting a public hearing date for review' ' of 1979 update of the Clallam County Com- ' prehensive Solid waste Management Plan. Councilman Duncan moved the Council adopt the foregoing Resolution as read by title by Mayor Haguewood, setting a public hearing date of May 15, 1979 for the review of this plan. The motion was seconded by Councilman Anderson and carried. >o o', c ~ m `' FtAZ OHO. ~O y~~gO'm ~tT~OO DA r q oo a so ~ mO~TO'" S~c D" o'~.Np°b N D~ mo o yOrC i t. ' fl tp m, j 0. 3 0 N° m 0 O~^ J A N ~ m m ~~ 1 +~ °Oio ''ram's~m~°-~°E`-~, i6~ m o mzZ+ ~~uOmOAOam ga~aa_ .moo f_oM.w01 !~ Tnm^1o~3 ~ii~o ° ov Tii o JE 5 m -~ OZ ap m~o c° Tr!~ ~°c o o ~,< oro (1 'O+ A~- CITY COUNCIL MEETING ~ 8] May 1, 1979 V LEGISLATION 15. WAIVER OF SECONDARY SEWAGE TREATMENT REQUIREMENTS Councilman. Anderson moved the Council table this agenda item. The motion was seconded by Councilman Hordyk and carried. 16. LETTER RE SKATING RINK Mayor Haguewood read a letter from Mr. M. Serwe, 317 E. 7th Street, pro- testing the noise created by patrons of the skating rink which is located on Seventh Street between Peabody and Chase. A conditional use permit for the skating rink was approved by the Council at their April 18, 1978 meeting, subject to certain conditions and to review for compliance with those conditions in two years. The Council discussed this matter at length with Police Chief Cleland, who admitted that there is a problem in this area with kids and noise, and Planner Carr, who briefly reviewed some of the conditions of the conditional use permit. The discussion concluded with Mayor Haguewood directing Police Chief Cleland to contact the owner of the skating rink and request his cooperation in handling this problem 17. PLANNING COMMISSION APPOINTMENT Mayor Haguewood read a letter of resignation from Rusty LaFerney, a member of the Planning Commission, effective immediately. Mr. LaFerney has accepted employement in another city and will soon be moving from Port Angeles. There were no nominations from the Council for this position. VI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Mr. Leo Sunny requested further clarification on members of the audience commenting on agenda items. VIT FINANCE 1. L.I.D. N0. 201: 16TH AND "E" STREET A motion was made by Councilman Hordyk, seconded by Councilman Wray and unanimously carried to approve payment of $67,500.00 to J.D. Shotwell Company, Tacoma, as the fifth, April 1979, estimate of work done and materials furnished by said Contractor on the 16th and "E" L.I.D. No. 201 as certified by City Engineer Andrew J. Rose in his Certification letter dated April 25, 1979. 2. OCEAN VIEW CEMETERY LOTS Councilman Buck moved the Council authorize the City to buy back Lots 4 and 5, Block 45, Section L of Ocean View Cemetery from Eva J. Cunningham, through her son Merrill R. Cunningham, Rt. 1 Box 171, Center Colorado. The motion was seconded by Councilman Duncan and carried. VIII CONSENT AGENDA Councilman Buck moved the Council accept the items listed under the Consent Agenda including Vouchers Payable of $227,064.23 and Payroll of $137,512.67. The motion was seconded by Councilman Hordyk and carried. Items listed under the Consent Agenda are as follows: 1. Authorize the Finance and Administrative Services Department to sell surplus equipment. 2. Authorize the Public works bepartment to call for bids for clearing, grubbing and grading the Corporation Yard site. 3. Notification has been received from the Washington State Liquor Control Board of a transfer of license from Jack R. Frady, the Harbor Tavern, to Rodney Miles, Michelle McMicken, Roland McMicken and Marian McMicken; and a change of license from Class BCEF to Class H for Oliver Miller, Chinook Sports Center. S ~ CITY COUNCIL MEETING May 1, 1979 VIX LATE ITEMS 1. RESOLUTION: WPPSS REPRESENTATIVES Mayor Haguewood introduced and read by title Resolution No. 19-79 entitled, Resolution No. 19-79 A RESOLUTION of the City Council of the City of Port Angeles designating a representative and an alternative to represent the City in the formation of the Participants Committee provided for in the Participants Agreement with the Washington Public Power Supply System to which the City is a party. Councilman Wray moved the Council adopt the foregoing Resolution as read by title by Mayor Haguewood. The motion was seconded by Councilman Duncan and carried. Mayor Haguewood then appointed Light Superintendent Honnold as the representative, with Councilman Hordyk as alternate. 2. CITX POLICIES RE PROPOSED OILPORT Councilman Duncan read for the benefit of the Council and audience, a draft statement prepared by Attorney Miller on "Policies of the City of Port Angeles Concerning the Northern Tier Pipeline Company's Proposed Oilport." Councilman Buck then moved the Council adopt the proposed draft as a true statement of the City's policies and intents regarding Northern Tier. The motion was seconded by Councilman Boardman and carried with Councilman Wray voting "NO." STAFF REPORTS 1. Councilman Wray: Suggested the City provide water restrictors to the citizens of Port Angeles. Requested Mayor Haguewood read a PROCLAMATION proclaiming the week of June 11-15, 1979 as Grange week. 2. Councilman Duncan: Read a memorandum from Oilport Task Force Coordinator Mike Doherty concerning a potential trip to Washington D. C. to offer testi- mony at a public hearing on May lAth on Senate Bill No. 968. Councilman Duncan asked the Council if they perhaps would rather send Mr. Keegan; the Council indicated that Mr. Doherty should be sent. Moved the Council send a letter of appreciation and commendation to outgoing Olympic Park Superintendent Jim Coleman, with copies to his superiors and the Congres- sional delegation in Olympia, with a request to extend his assignment in this area. The motion was seconded by Councilman Hordyk and carried. XI ADJOURNMENT The meeting adjourned at .11:00 P.M. to an Executive Session. City Clerk 1 ~~~1