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HomeMy WebLinkAboutMinutes 05/04/1982 I ,I I ')77. ,-I.) CITY OOUNCIL M:E:ill'ING Port Angeles, Washington May 4, 1982 I CALL TO ORDER Mayor Duncan called the meeting to order at 7: 00 P.M. II ROLL CALL Members Present: Mayor Dw1can, Councilmen Gerberding, HaguewOJd, Hordyk, Quast and Whidden. Staff Present: Manager F1odstran, Attorney Miller, Deputy Clerk Lannoye, P. Carr, M. Cleland, L. Cosens, D. Frizzell, L. GleIm, J. Pi ttis, R. Orton Public Present: C. Coble, K. & 1. Bauneult, S. Adamson, D. Bragg, D. Smith IIIMINlJI'ES Councilman Hordyk moved the Council accept and place on file as received the Minutes of the April 20, 1982, meeting, and Councilman Whidden seconded. Councilman Gerberding requested the minutes be arrended to reflect his vote against adoption of Ordinance No. 2212, Administrative Group, Register Page No. 272. The motion to approve the amended minutes carried. IV FINANCE None. V ITEMS :E'R(N THE AUDIENCE Nor ON THE AGENDA None. VI ITEMS FRCJvl THE CITY COUNCIL Nor ON THE AGENDA Councilman Haguewood requested additional information regarding the "bad check" senate bill. Mayor Du(l.can read a letter fran the Jet Set Soroptcmist Club in Port Angeles offering their services as the official hostesses for the City of Port Angeles. The Council concurred to designate hostesses on an ad hoc basis and will keep the Jet Set I s offer for services in mind. Mayor Duncan also appointed the following Chairmen: Councilman Hordyk the Utility Advisory Canui tteei Councilman Quast for the Real Estate Carrnitteei and Councilman Polhamus for the Convention/Conference Center Canmittee . for ) 1).230 . I NOTICE IS HEREBY GIVEN! Ihat the Port Angeles City I Council will hold a publiC.~ hearing on May 4, 1982, at., 7:00 p.m. or 'as., soon':J : there-ofter as P.OSSibre,..ln the 'r' Council Chambers, 13. Wesl Front Street. to consider an' ',cpplicotion 10 rezone 7,000... . th squareleet Tram RS.7 (Single. J' Mayor Duncan opened the public heanng on e Adamson request to ! Family Residential) 10 CSD,C~ 7,000 square feet from RS-7 to CSD-C2, at the southwest corner of.(~o!"munity Shopping~. L" In S d ed t 'f th ~Dlstroct). ~. meo treets, an request carrren s or questlons ran e au Locution: Southwesl carner~i. staff. Sharon Adamson applicant for the rezone requestecl the ,01 Ninth and Lincoln Streels, !~ , .. ' ,Legol Descr"lp1Ion: lot t, 0(1' approve the rezone as the exlstlllg structure on the property lS Black 291, Tmynsite 01 pO'lf sui table for residential use. No further ca:rrrents were received AnAgelesl: S hR' " 1 ed the publ' h' ., ed' pp Icont: oron . Duncan c os lC earmg. Conncll dlSCUSS the lssue a Ado m son 0 n dC, C ,~ with staff and Ms. Adamson, noting that the rezoning of this sin I VanWinkle : . " Property Owner: J,D. could be classlfled as spot zomng, but suggested the applicant Myers, eo-applying with surrounding property owners for a rezone of a 1 All interested p~rties may appecr ot the heanng and ex. i press their opinion on this proposal. Dote: April 23, 1982 Marion C. Por.-isl-'l, City Clerk~ :._p,U~,:_Ap'iI23. 1982 ~ VII LEGISIATION 1. Public Hearings a. Adamson Rezone Request I ,I I '')"! 7 ,-I,) CITY COUNCIL MEl'TI'ING Port Angeles, Washington May 4, 1982 I CALL TO ORDER Mayor Duncan called the meeting to order at 7: 00 P.M. II ROIL CALL Merubers Present: Mayor Duncan, Councilmen Gerberding, Haguewcxx1, Hordyk, Quast and Whidden. Staff Present: Manager Flodstran, Attorney Miller, Deputy Clerk Lannoye, P. Carr, M. Cleland, L. Cosens, D. Frizzell, L. Glenn, J. Pittis, R. Orton Public Present: C. Coble, K. & 1. Bauneult, S. Adamson, D. Bragg, D. Smith IIIMINUl'ES Councilman Hordyk rroved the Council accept and place on file as received the Minutes of the April 20, 1982, meeting, and Councilman Whidden seconded. Councilman Gerberding requested the minutes be amended to reflect his vote against adoption of Ordinance No. 2212, Administrative Group, Register Page No. 272. The notion to approve the amended minutes carried. IV FINANCE None. V ITEMS FRCM THE AUDIENCE Nor ON THE AGENDA None. VI ITEMS FROM THE CITY COUNCIL Nor ON THE AGENDA Councilman Haguewood requested additional inforrration regarding the "bad check" senate bill. Mayor ~can read a letter fran the Jet Set Soroptomist Club in Port Angeles offering their services as the official hostesses for the ~ 'c1:>~61':>)I'HS''o'M Port Angeles. The Council concurred to designate hostesses on an ~;~~~~6u 'dl4sUDW>fJO)M basis and will keep the Jet Set I s offer for services in mind.;"oI1:>nll~s~6~;s)I~k;;~~1I . fa. .6ll'L~lS~ "s:e.:u,t9J& Mayor Duncan also appointed the following Chairmen: Councilman HOs:'!::::',:""~~,::~ '~UDld the Utility Advisory Ccmnittee; Councilman Quast for the Real ESufewwo, 146!,' 'olepo~~~ Carrnittee; and Councilman Polhamus for the Convention/Conference e,eUO!l!PPD 'oewoH WOlsn:> Carnni ttee . UOI~)n..~suo;:) 'SIS9'C119 'pepuoq pesu-&:l!f 'uo'.J"'J~S LlO.) S$Jeqo~ +J,Ja 'sor~Dd SAoMaApp '$~UalUa$Dq ~>t liD '>fJOM 3HlI)NO) 'SVVO'LSv HOwo 001 qo! ON ull ,OSI 'WOQq .Q9 'dwnd ~..~_: ~~A~~~ I:~-_: !~,r!- ~ ~~_ VII LEGISIATION 1. Public Hearings a. Adamson Rezone Request Mayor Duncan opened the public hearing on the Adamson request ~o rezone 7,000 square feet fran RS-7 to CSD-C2, at the southwest corner of Ninth and Lincoln Streets, and requested CCK'llTents or questions fran the audience and staff. Sharon Adamson, applicant for the rezone, requested' the Council approve the rezone as the existing structure on the property is not suitable for residential use. No further corrrrents were received and Mayor Duncan closed the public hearing. Council discussed the issue at length with staff and Ms. Adamson, noting that the rezoning of this single lot could be classified as spot zoning, but suggested the applicant consider co-applying with surrounding property owners for a rezone of a larger area. 2~4 Councilman Hordyk then rroved the Council con= with the Planning Ccmnission recamrendation to deny the Adamson request to rezone 7,000 square feet fran R$- 7 to CSD-C2 at the southwest corner of Ninth and Lincoln Streets, citing the following findings of fact: (1) The site is too small and too close to the ccmnercial "T" to result in a cluster develoIXfeIlt, or adequately provide a buffer for adjacent residential developnent. Therefore, the rezone does not carply with ConIrercial Policies Nos. 2 and 3; (2) The rezone may prOll'Ote the creation of a strip I comrercial area adjacent to South Lincoln Street, which is contrary to Ccmnercial Policy No.4, (3) Such develoIXfeIlt may cause the division of an established residential neighborhood, contrary to Social Objective No.2; (4) it may weaken the econcxnic vitality of the Lincoln Street ccmnercial area and the Ccmrercial "T"; and noted that the rezone request constituted spot zoning. Councilman Gerberding seconded. During discussion of the motion, the Council reiterated their hope that the applicant would pursue other available courses of action to seek permission to use this structure for a com:nercial purpose. On call for the question, the motion to deny the rezone request carried. 2. Planninq Ccmnission Minutes of April 28, 1982. Mayor Duncan reviewed the Planning Corrmission Minutes of 'the April 28, 1982, meeting with the following action being taken by the Council: a. Conditional Use Permit - Smith Councilroan Gerberding rroved the Council con= with the reccmrendation of the Planning Corrmission to extend the Conditional Use Permit for a roller skating rink as a recreational use in a residential zone at 703-707 SOuth Chase Street for an additional two-year period, subject to all of the prior conditions. Councilman Whidden seconded, and Councilman Quast requested . staff contact the rink operator regarding installating a public telephone outside the premises or allowing children to use the I inside telephone to phone their parents. On call for the question, the motion carried. Councilroan Hordyk moved the Council accept and place on file as received the Planning Ccmnission Minutes of April 28, 1982; COuncilroan Gerberding seconded, and the motion carried. 3. Convention Center - Vacation of Chase Street - Public Hearing Set Mayor Duncan read a merrorandum from the Planning Depart:rrent advising the Council that as portions of the 4th Street and Chase Street rights-of-way are a central feature in the proposed Convention Center design, that it would be appropriate to initiate proceedings for vacation of these areas. The Resolutions would set June 15, 1982, as the public hearing date for consideration of these issues. ..Mayor Duncan then read Resolution lO-82 by title, entitled: j/PSOlUTrON NO, 10-82 A RESOLUTION 01 the City of Port Angeles setting a hearing date for 0 petition to vacate aU of that portion of Chase Street abutting Blocks 169 and 170, TPA, and lying between Fourth and Fifth Sfrp",,'" WHEREAS, the owner of in4 feres' in lots '9 cnd 10, Block 170, cnd in Lots 1 and la, Block 169. Townsite of Port Angeles, hos filed a petition with the Gty Clerk to make I vacation of that portion of Chase Street abutting said lots; and WHEREAS, said petition op- t pears to Itave been signed by I the owners of more than two. . thirds of the property obut~ Hng upon the rigf1t~of-way sought to be vacated: NOW, THEREFORE, BE IT RESOlVED BY THE COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The petition to make such vacation sholl be heord and determined by t:his Counci I on the 15th day 0-1 June, 1982, which is not more than sixty (60) days nor less than twenty {20} days hereafter_ Section 2. The City Clerk is hereby directed to give twen- ty (20) days notice of the pelldency of said petition ac- CQrding to the provisions of RCW 35,79,020, PASSED by the C,,?uncil of the City of Port Angeles this 4th day of May, 1962. Dorothy Duncan MAYOR ATTEST: Marian C. Parrish, CitY' Clerk APPROVED AS TO FORM: Croig L. Miller', City Attorney Pub.: May 16, 23, 30, June 6, 1962. RESOLUTION NO. lO-82 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate all of that portion of Chase Street abutting Blocks 169 and l70, TPA, and lying between Fourth and Fifth Streets. I dyk moved the Council adopt the foregoing Resolution as read cilroan Whidden seconded and the rotion carried. n Center - vacation of Fourth Street - Public' Hearing Set :ead Resolution No. 11-82 by title, entitled: 2:14 Councilman Hordyk then rroved the Council concur with the P1arming Carrmission recc.mrendation to deny the Adamson request to rezone 7,000 square feet fran RS-7 to CSD-C2 at the southwest corner of Ninth and Lincoln Streets, citing the following findings of fact: (1) The site is too small and too close to the c:armercia1 "T" to result in a cluster developrent, or adequately provide a buffer for adjacent residential developrent. Therefore, the rezone does not crnply with Comuercial Policies Nos. 2 and 3; (2) The rezone nay prorrote the creation of a strip I ccxrmercial area adjacent to South Lincoln Street, which is contrary to Ccrnrercial Policy No.4; (3) Such developnent nay cause the division of an established residential neighborhood, contrary to Social Objective No.2; (4) it nay weaken the econanic vitality of the Lincoln Street ccrnrercial area and the Camercial "T"; and noted that the rezone request constituted spot zoning. Councilman Gerberding seconded. During discussion of the m::>tion, the Council reiterated their hope that the applicant would pursue other available courses of action to seek permission to use this structure for a COIlIIlercial purpose. On call for the question, the m::>tion to deny the rezone request carried. 2. Planning Ccmuission Minutes of April 28, 1982. Mayor Dtmcan reviewed the Planning Conrnission Minutes of the April 28, 1982, rreeting with the following action being taken by the Council: a. Conditional Use Permit - Smith Councilman Gerberding m::>ved the COuncil concur with the recamrendation of the Planning Ccmnission to extend the Conditional Use Permit for a roller skating rink as a recreational use in a residential zone at 703-707 South Chase Street for an additional two-year perioCl, subject to all of the prior conditions. Councilman Whidden seconded, and Councilman Quast requested 'staff contact the rink operator regarding installating a public telephone outside the premises or allowing children to use the I inside telephone to phone their parents. On call for the question, the rrotion carried. Councilman Hordyk rroved the Council accept and place on file as received the Planning Camnission Minutes of April 28, 1982; Councilman Gerberding seconded, and the motion carried. 3. Convention Center - Vacation of Chase Street - Public Hearing Set U 'l ,"'01 a.!OJ a.!^aJ \ read a rrerrorandum from the Planning Department advising the 'pam> II!: ,~~~~,,~t:~~~ I as portions of the 4th Street and Chase Street rights-of-way ~J::'p:!~O '4>n. ,.pi'UO> 11\'" tl feature in the proposed Convention Center design, that it pUD' HOe' lu,,~.~~;'Dlr~;~~ !ropriate to initiate proceedings for vacation of these areas. 'pns UlJap, ba 10 ~ pub1 ' h . ,JIId a41'JOI uO\IOZl\on w ns would set June l5, 1982, as the lC earlilg date for s 111M. SJ8\JO!S'S! . pJooq f ~~o~ 10' pJDOQ "'11 1 of these lssues. -wo:> 1 . uo\6u~LlSOM ~o apoJ pasl^e'tll:~~u~; 060'1l1r9~ uOlpeS '11'dd UI uoaJalll SJO$ -0 ~ oJO"J':J: B'i04M NJa.doJd et.t~ to ewe e ndaJ JO JeUMO BU;' J&UMO P ~ II UD uOI~nlosBH 01 e'llOu q p nd Aq ',oaJeql , S!lI~ ~o U~~DJ!l~l' e4' p\lO BJDld P . \0' e:Jl,ou ac^~Ei eUlJo,,'l q>n '.. 1l04S SJBUOllJ'S!wwo::> f\oIuno) \0 pJDOQ e'll 10 ~~~€U~~~M , ~~ --- --- - r reM Re=:O:~ :_:tle. entitled: A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate all of that portion of Chase Street abutting Blocks 169 and 170, TPA, and lying between Fourth and Fifth Streets. I COuncilman Hordyk m::>ved the Council adopt the foregoing Resolution as read by title; COuncilman Whidden seconded and the notion carried. 4. Convention Center - Vacation of Fourth Street - Public' Hearing Set Mayor Duncan read Resolution No. 11-82 by title, entitled: I I I 275 RESOLUTION NO. 11-82 RESOLUTION NO. 11.82 A RESOIUllON QI Ihe .Cily ot Pqfl ,.-An9@le~ setting IJ hearin,g do1e for ,0 peti-tion to vacale a POrl;Q" ill FQurth Street abutting Lots 5 through 9, 81Qck 170. TPA. WHEREAS, Ihe owne, 01 in. leresl i" lals 5 through 9, BIQck 170, Tow"sile 01 Pori Angeles. has filed 0 petr'Jon wilh Ihe City Clerk 10 make vocation 01 c portion of' Fourth Street abutting said lots; and WHEREAS, said pelilion ap. pears 10 have been signed by the owners. of more thon two- thirds of Ihe properly abut, ling upon Ihe right.of,way sought 10 be vacoted; NOW, THEREFORE, 8E IT RESOLVED BY THE COUNCIL OF lHE CITY OF PORT ANGELES as lallows: Section 1. The petition to make such ....acotion sl'1ol1 be heard and delermined by this Council 0" the 15th day 01 June. 1982. which is not more tho" sixty (60) days nor less than twe"ty (20) days hereefter. ; Seetio" 2, The City Clerk is hereby directed to give twen- Iy (20) days notice of the pr:nd"3ncy of soid petrtion Qt;- cording to the provtsions of RCW 35.79.020. PASSED by Ihe Council 01 . II,e Ci", 01 Pari A"Reles this! 41h day 01 May, 1982. Dorothy Duncan MAYOR A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Fourth Street abutting Lots 5 through 9, Block 170, TPA. I , I COuncilman Hordyk rroved the COuncil adopt the foregoing Resolu( by title; Councilman Gerberding seconded and the rrotion carrie! ( l I fees at their~ 12-82 by titl~ 5. Swimning Pool Fee Adjustments Council approved a 30% increase in swinaning ]?CX)1 1982, rreeting. Mayor Duncan read Resolution No. RESOLUTION NO. l2-82 A RESOLUTION of the City COuncil of the City of Port Angeles establishing user fees at William Shore Menorial Pool. Councilman Whidden rroved the COuncil adopt the foregoing Resoll by title; Councilman Quast seconded, and the rrotion carried. ~ I 6. Criminal Code Arrendment I Mayor Duncan read a merrorandurn fran Attorney Miller introducin changes to the Criminal and Motor Vehicle Code, and read Ordm by title, entiUed: ATTEST: Marian C. Porrish, City Clerk APPROVED AS TO FQRM: C,aig L. Miller, City Attorney' Pub,: May 16, 23, 3D, June 6, 1982, ORDINANCE NO. 2213 AN ORDINANCE of the City of Port Angeles amending Chapters 9.01 and 9.30 of Ordinance No. 2129 and the Port Angeles Municipal Code; and repealing Section 10.04.020 of Ordinance No. 2133 and the Port Angeles Municipal Code. Councilman Quast rroved the Council adopt the foregoing Ordinance as read by title; Councilman Whidden seconded. Attorney Miller explained the arrendment to the Code makes it a specific violation to give incorrect infonnation to an officer. After further discussion, the rrotion carried. 7. Cost COntairutent - Health and Welfare Self-Insurance Plan Mayor Duncan SllIllffiYized R. Orton's status report regarding the City's health and welfare self-insurance plan and his request to retain a consultant to assist the City in drafting specifications and marketing a contract for phan'naceuticals and prescription drugs. Councilnan Quast rroved the Council authorize Finance Director Orton to retain M. Smith as a consultant to assist in designing a contract for phan'naceuticals and prescription drugs, the fee not to exceed. $400. COuncilman Whidden seconded and the rrotion carried. 8. City's Disaster Plan - Port Angeles Fire Depart.Irent Fire Chief Glenn addressed the proposed Incident Response Plan and answered Council's questions regarding specifics of the proposal. The proposed Incident Response Plan was designed to be utilized as a guide for handling first responses to disasters that might occur in or adjacent to the City. The Council requested the City continue to work with all the local goverrunental agencies to develop a coordinated plan for first response to disasters in our area. Councilman Hordyk rroved the City adopt the proposed Incident Response Plan as presented. COuncilman Gerberding seconded, and after further discussion, the rrotion carried. I I I 013113Hl 031Vl3H ~NllIV3H _ :)IlSnd ONV lIV'/Ud IN3W "d013^30 lVlINV lssns 1I0~ NOI1V:>l1ddV ~O 3jllON Eta RESOLUTION NO. 11-82 t861 'tl'; '91 ,low ::qnd JOIDJI'lulwpv seu!leJ"'IS ..,oWII!) . d puOW.....lI .YM...1..6..... POd '~"'J~S 'lit .~ l:U "~d&(J ; 6u!UUOld Alunoj WOIIO!) i e'll !O "'IHo '''''1 ID ,,",UlwO , -)(8 eq Aow uOJ.JQWJOfU! lUau LlIred :,:6u!",,,'I .e'll o. ,JOlJd. A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Fourth Street abutting Lots 5 through 9, Block 170, TPA. Councilman Hordyk rroved the Council adopt the foregoing Resolution as read by title; Council.man Gerberding seconded and the rrotion carried. 5. SW:i1rrni.ng Pool Fee AdjuSbnents Council approved a 30% increase in swimming pool fees at their April 20, 1982, meeting. Mayor Duncan read Resolution No. 12-82 by title, entitled: RESOLUTION NO. 12-82 A RESOLUTION of the City Council of the City of Port Angeles establishing user fees at William Shore Mem::>rial Pool. Councilman Whidden rroved the Council adopt the foregoing Resolution as read by title; Councilman Quast seconded, and the rrotion ca=ied. 6. Criminal Code An'endrrent Mayor Duncan read a merrorandum fran Attorney Miller introducing proposed changes to the Criminal and Motor Vehicle Code, and read Ordinance No. 2213 by title, entitled: ORDINANCE NO. 2213 AN ORDINANCE of the City of Port Angeles amending Chapters 9.01 and 9.30 of Ordinance No. 2129 and the Port Angeles Municipal Code; and repealing Section 10.04.020 of Ordinance No. 2133 and the Port Angeles Municipal Code. Councilman Quast rroved the Council adopt the foregoing Ordinance as read by title; Council.man Whidden seconded. Attorney Miller explained the arrendrrent to the Code makes it a specific violation to give mcorrect infornation to an officer. After further discussion, the motion carried. 7. Cost Containrrent - Health and Welfare Self-Insurance Plan Mayor Duncan surrrnarized R. Orton's status report regarding the City's health and welfare self-insurance plan and his request to retain a consultant to assist the City in drafting specifications and marketing a contract for pharrraceuticals and prescription drugs. Councilman Quast rroved the Council authorize Finance Director Orton to retain M. Smith as a consultant to assist in designing a contract for phannaceuticals and prescription drugs, the fee not to exceed $400. Councilman Whidden seconded and the rrotion ca=ied. 8. City's Disaster Plan - Port Angeles Fire Depart:nEnt Fire Chief Glerm addressed the proposed Incident Response Plan and answered Council's questions regarding specifics of the proposal. The proposed Incident Response Plan was designed to be utilized as a guide for handling first responses to disasters that might occur in or adjacent to the City. The Council requested the City continue to work with all the local governrrental agencies to develop a coordinated plan for first response to disasters in our area. Councilman Hordyk lTOVed the City adopt the proposed Incident Response Plan as presented. Councilman Gerberding seconded, and after further discussion, the rrotion carried. 276 [COuncilman Quast excused himself fran the Council Chambers prior to Council consideration of the next legislative item, citing the "appearance of fairness" doctrine.] 9. Merrie Quast - Request for Variance and Exclusive Franchise to Operate lce-Cream Wagon The Council considered a request fran Merrie Quast for a variance and I exclusive franchise to operate an ice cream wagon in the City of Port Angeles. Ordinance 2050, Chapter l4, prohibits peddlers fran using any sound device to attract the attention of the public. Mrs. Quast proposed use of a bell - 2 or 3 strikes per stop. The Council discussed the matter at length and detennined that a specific maximum decible level could possibly be established for sound devices to be used by peddlers; and requested staff arrange a noise derronstration inurediately prior to the May 18, 1982, rreeting. Manager Flodstrom indieated he would advise Mrs. Quast that her request for an exclusive franchise had been denied; however, that the Council was currently considering arrendrrent of the ordinance with respect to the prohibition against noise. . [Councilman Quast returned to the Council Chambers.] 10. Appoin1::rrent of Counci1rrernber to Alcohol/Drug Abuse, Deve10pnental Disabilities, and Mental Health Advisory Boards The Council concurred with Manager Flcx:lstran's suggestion to invite Carol OWens, of the Clallam County Health and Human Services Depart:Irent, to a Council rreeting to make a presentation regarding the County I s Hmnan Services Boards. The Council concurred to reappoint those individuals presently serving on matching boards and to reassess those appoin1::rrents following Ms. Ow"ens' presentation. ""j.. Utility Advisory Carmittee Report - areas Island Meeting re: WPPSS Projects 4 and 5 Manager Flodstran indieated COuncilman Gerberding had been "uninvited" to the TuIrMater rreeting the Irate Ratepayers Association had requested he attend at the April 13th public hearing; therefore, the Utility Advisory Crnmittee could only report on the areas Island rreeting. Councilrren Hordyk and Quast ccmrented on the areas Island meeting and recoomended the Council at this time continue to pursue both sides of the WPPSS 4 and 5 litigation issue. Councilman Quast then !roVed the Council authorize Attorney Miller to attend the fact finding sessions with regard to both sides of the issues surrounding the termination of WPPSS 4 and 5; i.e., the Orcas Island Steering Cannittee and WPPSS legal ccmnittees, etc. Councilman Gerberding seconded and the motion carried. I 11. Manager Flcx:lstran advised the Council of a Public Power COuncil rreeting scheduled for May 12th at which elections will be held for rrembers to the WPPSS Participants' Review Board. Councilman Quast then moved the Council designate Councilman Hordyk as representative of the City of Port Angeles, with Light Director Cosens as alternate, to attend the May 12th Public Power Council rreeting. Councilman Whidden seconded and the motion carried. Manager Flcx:lstran also directed the Council's attention to a lawsuit in which the City of Port Angeles is named a defendant by twelve cooperative utilities that have filed suit against the WPPSS participants. I 12. PlCO Fourth Street Vacation - Canpensation Manager Flodstran surrmarized his rnem::>randum to the Council recarrnending $1,848 as the compensation to be received for the portion of the Fourth Street right-of-way being vacated, and incidated PlCO had agreed to that price. Councilman Quast noved the COuncil approve the canpensation amount of $1,848 for the PlCO Fourth Street vacation; Councilman Whidden seconded, and the motion carried. I I I 13. Reports fran Real Estate Cam1i ttee: a. Pearce Property Request Councilman Quast moved the Council accept Mr. Pearce I s counteroffer of $2,000 for that portion of Lot 15, Block 129, Townsite of Port Angeles, they had requested to purchase fran the City of Port Angeles in Novenber, 1981. Councilman Whidden seconded and the motion carried. b. vincent I s Offer to Sell Property Councilman Quast reported that the Real Estate Corrmittee concurred with the Parks Recreation and Beautification Ccmnission's reccmrendation that at this time the City does not have the funds available to purchase the property offered for sale on Valley Street; hwever, that offered greenbelt properties should be acquired if and when funds becorre available. Councilman Haguewood then moved the Council turn down the offered property on Valley Street due to a current lack of funds; Councilman Whidden seconded, and after further discussion, the motion carried. c. Requested Foreclosure - Porsch Property Councilman Quast reported the Real Estate Canmittee recorrrnended no action be taken at this time regarding Mr. Knebes I letter with respect to non-paynent of L.I.D. and taxes on Lot 16, Block 338. Staff indicated foreclosure action on this property would begin in October should payrrents not be made. l4. 1982 Lease Rate Adjustment for Ediz Hook lands leased fran U. S. Coast Guard Mayor Duncan s=ized a letter fran the U. S. Coast Guard increasing the annual rental rate fran $500 to $804 for a 20.G8-acre portion of Coast Guard awned land on Ediz Hook which the City subleases to IT!' Rayonier and Crown Zellerbach. Councilman Whidden moved the Council approve the revised annual rental rate of $804; Councilman Quast seconded and the motion carried. l5. Civic Pride Foundation Councilman Quast moved Council renove this item fran the table; Councilman Gerberding seconded and the motion carried. Councilman HagueW<XJd then moved the Council disapprove the suggested creation of a Civic Pride Foundation and Councilman Hordyk seconded. During discussion of the motion, Councilman Quast supported the creation of a Civic Pride Foundation as a means by which individuals and groups could make donations to a fund in which the moneys would be used for civic hospitality and appreciation functions, maintenance of mini-parks, and other such events, instilling civic pride in the citizens of the City of Port Angeles. Also, in-kind donations given to the Foundation would be tax-deductible. Mayor Duncan noted that unexpended funds raised for the Coast Guard Appreciation Day required disposition and could possibly be donated to this fund. After further discussion, Councilman Hagu~ withdrew his motion to deny the creation of a Civic Pride Foundation. Councilman Hordyk had no objections and withdrew his second. Councilman Whidden then moved the Council approve the est.ablishrrent of a Civic Price Foundation and instructed staff to draw up the necessary legal instnnnents establishing. the fund and to hold the check representing the unexpended funds for the Coast Guard Appreciation Day for deposit into this fund. Councilman Quast seconded, and after further discussion the motion carried. 15. National Small Business Week - May 9 - 15, 1982 Mayor Duncan joined with President Reagan and elected officials across the country and proclained the week of May 9 - 15, 1982, as Small Business Week in Port Angeles. 277 272 16. Port Angeles School District request for Roosevelt Gym Bleachers Mayor Duncan sunmarized a letter from Superintendent Serrette requesting the City donate the bleachers in the Roosevelt Gym to the Port Angeles School District for use at both middle schools - Roosevelt and Stevens. Councilman Quast moved the Council donate the bleachers to the School District for use in the middle school gymnasiums, conditioned upon the Council's approval of the final design of the Convention Facility, when the I bleachers would no longer be needed. CouncilImn Whidden seconded, and CouncilImn Hordyk opposed the motion, referring to the City's purchase of the gym from the School District and his understanding regarding a new roof to be furnished by the School District. After further discussion, the motion carried, with Councilman Hordyk voting "No". 17. Local Option Sales Tax Plan and Early Retirement Legislation Manager Flodstrom briefly reviewed the major elerrents of SB 4972, the local option sales tax plan, and noted that the City's ilTlplementation of this taxing authority could not be made effective until October 1, 1982. The Council concurred with his recorrmendation to schedule a workshop for Tuesday, May 25, 1982, at 7:00 P.M. for review of this new piece of legislation. CounciJman Quast requested Mayor Duncan dispatch a letter of thanks to our legislators for their support of this bill. Manager Flodstrem also reviewed SSHB 124, Early Retirement/ and SSB 5007 - Vacation Payout Billl and noted that as many as 20 employees are affected and may elect to retire frem the City of Port Angeles in 1982 as a result of the passage of these two bills. Vacation and sick-leave payouts for these employees could range fran $150,000 to $200,000 of unbudgeted funds. The Council discussed the matter and Manager Flodstrom indicated he would bring this item back before the Council at their next meeting, as he would have more infonnation at that tine. VIII LATE ITEMS I 1. Engine Five Storage Fire Chief Glenn reviewed his ITEllDrandum requesting Council pennission to store Engine Five in an enclosed structure at the Coast Guard base, as the City has no available storage facilities for it, and the Coast Guard has no equipment on base to battle structure fires. Councilman Quast m:JVed the Council authorize Fire Chief Glenn to negotiate an arrangement with the Coast Guard for storage of Engine Five. Councilman Whidden seconded, and after further discussion, the motion carried. 2. WSU - Small Business Developnent Center Office Space Manager Flodstrom noted that office space at City Hall would no longer be needed by project Infonnation, and of WSU' s Small Business DevelofireI1t Center's reqqest for use of that space. The Council had no objections. 3. Infonnation Agenda Councilman Quast directed the Council's attention to several items included in the infonnation agenda. IX ITEMS FRCM AUDIENCE AND/OR CITY COUNCIL Nor ON AGENDA I 1. WPPSS Policy Stat.enent .J Councilman Gerberding moved the Council remove item 5, Bond Sales Before ^ the Effective Date of Initiative 394, from the WPPSS Policy Staterrent; Councilman Quast seconded, and after further discussion, tlie motion carried. " e -I e -II e ~I e ~o:;: ". The council noted and discussed citizen complaints regarding garbage pick-up, litter on the road to the garbage dump', and litter in the alley behind City Hall. Councilman Gerberding also indicated the extra driving titre required due to the ,Black Oiarrond access washout was between 3~ to 4 minutes; and f.fayor Duncan requested staff investigate a new cut to the west for the access. X ADJOURN 'IO EXOCUTIVE SESSION Nayor Duncan adjourned the meeting to an executive session at 9: 40 P.M. XI REI'URN 'l'O OPEN SESSION The Council returned to open session at 10: 00 P.M. COnvention Facility Manager -Flodstrcrn and Council discussed plans for the Convention Facility; hCMever, no action was taken. XII ADJOURNNENT The meeting adjourned.at 10:40 P.M. ~.I~/~~I' t!.~ Clerk ~~, L~ ORCINANCE NO. 2213 AN ORDINANCE 01 the City 01 Part Ang"r"s amending Chaplers 9,01 and 9.30 oj Or, \ din once No. 2129 and the Part Angeles Municipal Code, and repealing Seclian 10.04.020 of Ordinance No. 2133 and Ihe < Port Angetes Municipal Code, BE IT ORCAINED BY THE CI, TY COUNCil OF THE CITY OF PORT ANGELES, as follows: Section 1, Section 9,01.070 of Ordinance Na, 2129 and the Port Angeles MunIcipal Code are each hereby emended 10 read Os follows: 9.01,070 Classes of Crimes, An offense defined by this ti- tle constitutes 0 misde- meanor of the fjrst closs or CI misdemeanor of the second closs. A etoss I misdeme-anor may be puni.hed by eilher fine or Imprisonment, Cf both, up t~ tl1e moximl,Jm sentence allowed under the jurisdiction of 'he (:o\)rt in which Ihe charge i. lilecl, A Cfa$s II misdemeanor may be punished by CIi mo)(imvm fine ~ of Five Hund,ed ($500) Doflars, A sentence of im4 prisonmeht sholl not be im- po.ed for any Class 11 misdemeanor, Section 2, Section 9,30.020 oj Ordinance No. 2129 and the Pori Angele. Municipal Code ore each hereby amended to read as follows; 9.30.020 Obslructing 0 Public Ofilcer. Every person who (I) .hal1 knowingly hinder, delay, or ob.true! any person known to be a public oUker In the discharge ot his officiol power or dulies, or (2) sholl knowingly make any un- true statement or knowi ngly give any false or incorrect in. formatloll, eitner orclly or in writing, to a person known '0 be a public ol!lce" shall be guilly of a Clo.s I misdemeanor. "Public officer" os used in this section shaff mecn a -per:. son holding office under a ci. ty, county, or state govern- ment, or the ~eder-Q1 govern~ men.t who performs a public function and in so doing Is ves.ted with the exercise of some sovereign .power of government, and inclvdes. 011 I assistants, deputies, clerks, and employees of any public officer, and also tncludes any _............ ...t.l:......._ - ~<..~.~, 27 (}7~: " -, -"., .---'.- officer, and also includes any peace officer. Section 3.. Section 2 of Or- dinance 2133 and Section 10.04..020 of the Port Angeles Muni ci pc I Code,.... regarding penalties for viol ation of the Port Angeles Motor Vehicle Code, are each hereby repealed. , Section 4~ If cny provi ~ion of thi s ordinance I or its ap- plication to any person or cir.. cu mstance is heid inva I id. 1he remainder of the, ordi'''Qnce~ or the "OPPlir;~tion of the" tJro- vision to other" persons .or ci r- cumstances is not affected, and to this end, the provi- sions of th i s ordinance are decfared to be severable. Section 5. The immediate effectiveness of this or- dinance is necessary to meet a public emergency, and for the preservation of the pub I ic health, $afety~ and welfare. Th is ordi nonce shall therefore teke effect, upon enactment. PASSED by the City Council of the City of Port Angeles at c regular meeting held on the ~th day of May, 1982. Dorothy Duncan MA YOR ArrEST; Marian C t Parrish t City Clerk APPROVED AS TO FORM: Craig l. Mi II er, City Attorney Pub.: May 12, 1982_