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HomeMy WebLinkAboutMinutes 05/05/1981 I I I 85 CITY COUNCIL MEETING Port Angeles, Washington May 5, 1981 I CALL TO ORDER The meeting was called to order by Mayor Haguewood at 7:00 P.M. II ROLL CALL Members-Present: Mayor Haguewood, Councilmen Boardman, Buck, Duncan, Hordyk, Polhamus, Quast. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Headrick. M. Cleland, L. Glenn, G. Braun, J. Pittis, P. Carr, A. Rose, K. Rodocker, L. Cosens, G. Booth, R. Orton, D. Frizzell. Public Present: K. Williams, J. Sobieck, D. Walls, L. Roline, M. Terrill, Mr. & Mrs. D. Cornell, Mrs. M. Leffers, H. Pollard, H. Berglund, T. Martin B. Taylor, Mr. & Mrs. J. Pearce, C. Whidden, D. & D. Beddinger, B. LaRue, E. Thompson, P. Saxton, W. Hatch, G. Carriveau, C. Golian, D. Bettger, M. Leffers, J. Spiess, Shirley Richardson, G. Richardson. III MINUTES Councilman Buck moved the Council accept and place on file as received the minutes of the April 21 and 28, 1981 meetings. The motion was seconded by Councilman Quast. During discussion on the motion, Councilman Duncan noted that the minutes of April 21st, Register Page No. 82, XVI, Return to Open Session, did not show the Council's appointment of Jewell Van ass and Ralph Ames to the Park and Beautification Board. The motion to approve the April 21 and 28, 1981 minutes, as corrected, was then passed by the Council. IV ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. V ITEM FROM THE COUNCIL NOT ON THE AGENDA councilman Quast requested an update from Finance Director Orton on the out- standing debt list, and whether the Council's action to refuse all non-mandatory City services to customers with past 30 day accounts, and impose a l% per month interest charge on unpaid balances, has had any effect on delinquent accounts. VI LEGISLATION l. PUBLIC HEARINGS A. Final Assessment Roll: L.I.D. No. 203 The Certification of Expenses and Certification of Mailing of Notices of Final Assessment for L.I.D. No. 203 were presented to the council by City Engineer Andrew Rose. It is noted for the record that protests from six property owners were filBd with the City Clerk totalling $63,098.49 and representing 7.6S% of the total amount spread On the assessment roll. Mayor Haguewood then opened the public hearing on the final assessment roll for L.I.D. No. 203, the Downtown Improvement Project, and requested comments or questions from the audience. Mr. Don Cornell, Cornell Auto Parts, addressed the Council to protest the assessment for his property at 22l - 223 West First street; one of his lots has no improvements and the other has only one tree and one light standard. He has spent approximately $30,000 to maintain the parking lot at Cornell Auto Parts, and approximately $5,000 on the sidewalk in front of his store~ and feels his assessment of $7,767.50 is extremely high for the beneflts received. 86 CITY COUNCIL MEETING May 5, 1981 VI LEGISLATION 1. Cont. Attorney Ken Williams then addressed the Council on behalf of Time Oil Company, owners of Lots II, 12, l3 and l4, inclusive of Block 13, TPA. Time Oil is protesting their assessment of $20,l33.32 for several reasons, some of which were argued by Mr. Williams at this meeting. Following submittal of several photographs of the Time Oil property, Mr. Williams referred to his letter to the Council dated April 29, 1981 which contained several arguments against Time Oil's assessment. Because of the uniqueness of the property (triangle shaped with ' arterial frontage on two sides), the CAD Zone (which limits the use of the property since the lots do not conform to the minimum lot require- ments), the relatively few improvements constructed on the property for the amount of assessment, and other pertinent factors, Time Oil is requesting the assessement on Lots II and l2 be deleted entirely and the assessment on the remaining two lots be reduced to $5,000. Mr. Williams then introduced a local real estate agent, Mr. Bill LaRue, to the Council. Mr. LaRue gave a brief report of his appraisal of any special benefits to the Time Oil property as a result of L.I.D. No. 203. It was Mr. LaRue's opinion that Time Oil would ". . . likely enjoy nearly no benefit from the L.I.D. No. 203 project. . ." and the property would probably not show an improvement in selling price. Mr. Jan Hardin also addressed the Council to verbally protest the assessment of his property located on the 300 Block of West First Street. Mr. Hardin stated he did not feel that the improvement district would significantly increase the value of his property and his assessment was much too high for the improvements received. In response to these and other comments, Manager Flodstrom pointed out that the L.I.D. is the first step in revitalizing the downtown area and there are more benefits than those which can be physically seen. The main intent of the L.I.D. was not just to improve the property values, but to make the entire downtown area more viable. Following several other comments, Manager Flodstrom noted that a letter had been received from the General Services Administration notifying the City that the Federal Building property is exempt from local LID assessments under Federal law; unless, after review of the LID project, they feel the intent of the project is beneficial, and volunteer to pay the assess- ment. The discussion then continued with Attorney Miller questioning Mr. LaRue in regard to the material he submitted; Time oil's assessment and their request to hire an expert appraiser to provide further financial details; vandalism and maintenance of the downtown planters and trees; and the letter from GSA and how this will affect the property assessments. Councilman Quast then suggested the City write to the GSA and request their participation in the Downtown L.I.D. project, pointing out that federal funds were not received for the project, and send a copy of the letter to Congressman Bonker and Senators Jackson and Gorton. Mayor Haguewood then closed the public hearing, and Councilman Quast moved the council table this agenda item until the first Council meeting in June, in order to give the GSA time to answer the City's letter regarding participation in the Downtown L.I.D. Project. The motion was seconded by Councilman Hordyk. On called vote, Councilman Duncan abstained, Councilmen Buck and Polhamus voted "NO" and Councilmen Quast, Hordyk, and Boardman voted "AYE." The motion to table was passed. B. Electric Power Rates Mayor Haguewood opened the public hearing on the proposed rate in- creases for City Light, and requested comments or questions from the audience or staff. Light Director Cosens then introduced Mr. Gary Sa leba and Mr. TOm Gould to the Council. Mr. Saleba and Mr. Gould are consultants from Economic and Engineering Services. the firm who developed the comprehensive financial analysis cost of service study and proposed rate design for the City Light Department. I I I CITY COUNCIL MEETING May 5, 1981 87 VI LEGISLATION 1. Cont. I Following a brief presentation from Light Director Cosens and Gary Saleba on the rates proposed and the material and calculations con- tained in the cost of service study, Power Manager Greg Booth gave a brief breakdown of the rate schedules and answered several questions from the audience. Subjects discussed included the proposed residen- tial service rate increase ($5.00 flat customer charge plus $0.0193 per KWH); low user benefits; why the City is increasing its rates prior to knowing exactly what BPA's rate increase will be; suggestions for decreasing the Light Department's operating expenses; the need for the public to understand the proposed rates; why residential service will be charged more per KWH ($0.0193) than general service without demand metering ($O.OIBO per KWH); whether or not the proposed rate structure encourages conservation; and the efforts of the City to inform and educate the public in regard to conserving energy. Following this discussion Mayor Haguewood closed the public hearing and introduced and read by title Ordinance No. 2137 entitled, Ordinance No. 2137 AN ORDINANCE of the City of Port Angeles establishing rates for the sale of electricity, amending Sections 1 through lO of Ordinance 2054, and Section l3.l2.0l0 through .lOO of the Port Angeles Municipal Code, and repealing Sections II through 18 of Ordinance 20S4, and Sections l3.l2.lI0 through l60 of the Port Angeles Municipal Code. I foregoing Ordinance as was seconded by__Co~ncil- 0415A NOTICE 15 HEREBY GIVEN that the Po,t Angeles City Council will hold a 'public hearing oD_,Mo'j..5, lQS1, at 7jJO P .M_, OJ' os soon Mayor Haguewood opened the public hearing on 1 the,eaher os possible. in the etition to vacate Euclid Avenue north of spruce Strei Council Chambers. l~ Wesl . dsen r _ Front Street. to conSIder 0 Boulevard, and requested comments or question, e2!i1ion 10 vocate Euclid staff. Mr. Harry Pollard one of the peti tionj {'venue, north of s:>ruce , S1ree:J and south of Lo""dsen Council to explain why he felt the street sho ~"I~vn~ Petitioner Gene Biddinger questioned Manage location: Euclid Avenue, , , , SDlJth 01 the Boulevard and the status of the street after it is vacated. norlh of Spruce voiced his objection to the proposed vacation' Legol Description: That . ' r portion of Eudid A.....enue street could possJ.bly be opened J.n the future'i abutting Block 2; abutting rea is developed. The Council discussed this at Ie Lots I and 17, Block .~; arr . " i. abulling lot 8, Block 6, all ", explaJ.nJ.ng that, J.f the property was platted p Pennsylvania Pork Addition Y must prove that the street was opened and usedl,to ,Po,t Angel.>: and that ~n 1904 and 1909, otherwise the street would rev1p:lian of Euclid Avenue ;,rop- erty owners. After a final comment from Mrs. obullm.g, lal 5, Old O,cho.'d 1e SUbdiVISion; all together With disadvantages of opening the street in questio vacaled Linden St,eet :losed the public hearing and introduced and read by abulli'l9, k A l " 2138 entitled I et ~rp leant: Mar . e ers; 'Property Owner: Mark A, and Virginia l. letters; Diane N. and G.E, Gene Biddinger; Mild,ed A, and Harry B. Pollard: Guy A. and Shirley ,"" Ricnardson, ' All interested parties may \ appear at tne ~~aring on,d express their opUllOn on thIS , proposal. Councilman Buck then moved the Council adopt t Dote: Apri~:;i~~8~, Parrish be as read by title by Mayor Haguewood, with a 0 comIi: , CityCle,k ~cause: (I) it will be beneficial to the general publid~~~;~1~~~~~1un~f potential traffic hazards; (2) the property will be returned to the tax rolls, thereby bringing revenue into the City; and (3) there is a question as to the status of the right-of-way, considering the old State statute. The motion wa~ seconded by Councilman Hordyk and carried. unanimously. Councilman Hordyk moved the Council adopt the read by title by Mayor Haguewood. The motion man Polhamus and carried unanimously. C. Street Vacation: Leffers, et al. r he her to then he Ordinance No. 2138 I AN ORDINANCE of the City of Port Angeles Euclid Avenue north of Spruce Street and Lauridsen Boulevard. CITY COUNCIL MEETING May S, 1981 87 VI LEGISLATION 1. Cont. I Following a brief presentation from Light Director Cosens and Gary Saleba on the rates proposed and the material and calculations con- tained in the cost of service study, Power Manager Greg Booth gave a brief breakdown of the rate schedules and answered several questions from the audience. Subjects discussed included the proposed residen- tial service rate increase ($S.OO flat customer charge plus $0.0193 per KWH); low user benefits; why the City is inc ,_.. ....ior to knowing exactly what BPA's rate increase wil decreasing the Light Department's operating public to understand the proposed rates; why be charged more per KWH ($0.Ol93l than gener metering (SO.Ol80 per KWH); whether or not t encourages conservation; and the efforts of ' educate the public in regard to conserving et I Following this discussion Mayor Haguewood cl( introduced and read by title Ordinance No.2: '"'IIRW MOll _ r URO~I'J ~RCQ ~or the n~s ..l110'S,,1l .~ will SlSn'1IJildS i;lemand U)'1i1l1J'1 ON'1 Slcucture pJOMOI OOO'SE:, 'M8'!^ and 'M&!^J9~oM~'LlI' 'OOS'86. 'UJog I ^lIo!pOd 'ltW04 al!qoUJ .~. and 'ooo'l~lng ~...~O'^ pU.D ;pappo I~OOJ I lm-m 1998'[ R9 Im-"" Ordinance No. 2137 AN ORDINANCE of the City of Port Angeles, rates for the sale of electricity, amendi"8 "aaJ~ ''OJ 1 through lO of Ordinance 2054, and Secti /G91m through .lOO of the Port Angeles Municipa' m~.m repealing Sections II through l8 of ardin' ow.m . I 6[Lo.m and Sectlons 13.12.110 through l60 of the l60sm Municipal Code. I [10g'/lv wad IIPl! qq'M UQ'r' 'U1~I'M ~1,q"IIJ Ujnq~s;eM IWIW l"ln "'IUOVl ",WO) IpO[ ~U1maon ,,!o~ lie:) S~Ulua^3 I I j I as ncil- ~ I, Councilman Hordyk moved the Council adopt thel' d . 1 d' 0 UJo-q 'puod '1OJaJ;! 5U~Jr\.09J rea by tl t e by Mayor Haguewoo. The motlon II~' 'SYlog IInl OM' pUO a^OjS man Polhamus and carried unanimously. {WOOJ JaJ 410M 6"010 JalgwOJ 'AIJoaN UUHJN'1l1 1tHMH Street vacation: Leffers, et al. I "WJ'1 Z-3 'UMOp MOj 'YJoa 'I OOOJ SS3-"'~l:' ""l':'>OF; n.uo JSlIOM C. Mayor Haguewood opened the public hearing on the Leffers, et al. petition to vacate Euclid Avenue, north of Spruce Street and south of Lauridsen Boulevard, and requested comments or questions from the audience or staff. Mr. Harry pollard, one of the petitioners, then addressed the Council to explain why he felt the street should be vacated. Another petitione~, Gene Biddinger, questioned Manager Flodstrom in regard to the status of the street after it is vacated. Councilman Polhamus then voiced his objection to the proposed vacation, pointing out that the street could possibly be opened in the future, especially if the area is developed. The Council discussed this at length, with Planner Carr explaining that, if the property was platted prior to 1904 the City must prove that the street was opened and used as a roadway between 1904 and 1909, otherwise the street would revert to the abutting prop- erty owners. After a final comment from Mrs. Leffers regarding the disadvantages of opening the street in question, Mayor Haguewood closed the public hearing and introduced and read by title Ordinance No. 2138 entitled, Ordinance No. 2138 I AN ORDINANCE of the City of Port Angeles vacating Euclid Avenue north of Spruce Street and south of Lauridsen Boulevard. Councilman Buck then moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood, with a 0 compensation amount, because: (ll it will be beneficial to the general public through reduction of potential traffic hazards; (2) the property will be returned to the tax rolls, thereby bringing revenue into the City; and (3) there is a question as to the status of the right-of-way, considering the old State statute. The motion was seconded by Councilman Hordyk and carried^unanimously. '88 CITY COUNCIL MEETING May 5, 1981 VI LEGISLATION 1. Cont. D. Rezone Request: Martin Mayor Haguewood read the Planning commission's decision to recommend denial of this request to rezone l4,OOO square feet from RS-7 to RMF, on the northeast corner of Fourth and Francis Streets, and requested comments or questions from the audience or staff. I The applicant, Tom Martin, then addressed the Council to explain his proposal, and why he felt this request should not be considered a pos- sible spot-rezone. Mr. George Crawford, 414 South Francis, stated his opposition to Mr. Martin's proposal; there is already too much on- street parking in the area and a tri-plex would add to the congestion as well as downgrade the surrounding property values. Following Mr. Crawford's protest, Planner Carr explained why staff felt this proposal had the characteristics of a spot-rezone, and Councilman Quast suggested that perhaps the subject property could be used by the City for expansion of the tennis courts at Erickson Playfield. There were no further comments and the public hearing was closed. Councilman Quast then moved the Council table this agenda item until the May 19, 1981 council meeting in order for Mr. Martin and staff to discuss the possibility of a property trade of sale. The motion was seconded by Councilman Hordyk and carried. At this point in the proceedings Mayor Haguewood noted the late hour and sug- gested that Agenda Item No. 4 be considered. 4. RESOLUTION: PUBLIC HEARING, UPLANDS DIVISION 4 PRELIMINARY PLAT Mayor Haguewood introduced and read by title Resolution No. 15-81 entitled, 1581 ReSOlUTION NO. 15,81 A RESOLUTION of tne City of I'ort Ange-le$ setting Q publiC nearing on lne preliminary plat of Uplands I No.~,. ". WHEREAS, tne U Svpeiior' Courl of Clallam County, on Apri I 29, 1 ~8 I, remonded tne City Council Action of July 29, 1980, on tne preliminary plat of Uplands. Division No. <4 to Ine City Council, so that the Plainli" ond Applicant, Jonn Z. Miller, could presenl additional evidence to the CitWY CHoERuenAciSI; at~d 1 t' an Quast moved the Council continue this meeting to May (;, 1981 at 7: 00 r ne presen cion .. of odditionol evidence to lhe ihe motion was seconded by Councilman Hordyk and carried. The meeting City, Council :equir~s thel)' 0 rned at lO: lO P M. calhng of Q public heonng; , U . NOW, THEREFORE, BE IT RESOlVED by tne Cily Council i 1981 of the City of Port Angeles: ~ Section 1. A public nearing' will be neld before tne City:. d' d d b d 7 00 P M Council of the City of Port~t~nue meet~ng was calle to or er y Mayor Haguewoo at: .. Angeles on May 1~, 1~81, otlman Duncan was absent. the City Council Cnambers, I 134 West Front Street, Port Angeles, Woshinglon, lINANCE: SIEBEL STREET VACATION commencing Qt 7:00 P.M, All persons who wish 10 hear <lnd speak concerning tno 'ing the April 7, 1981 Council meeting, the Council voted to vacate the p~e!iminory plot of Uplands ~er Street right-of-way abutting Lots l, 2, and 3, Block 2, puget Sound DIVlson No. ..4 moy do $0 of I that!;me, perative Colony's Subdivision of the Townsite of Port Angeles, subject ,Seclion 2. Tne City Clerk ~s maintenance and easement provisions; and directed staff to prepare the directed 10 give notice of thts , . public nearing by publication essary Ord~nance. of Inis Resolution in Ihe legal ~ newspaper of the City of Porf. . , Angeles 01 leosl one time. h~s meetJ.ng, Counc~lman Quast reported that the subject property has ~~~I,doys prior to May 19, assessed at $8,804.00, therefore the c~mpensation amount for the PASSED by Ine City Council tion would be $4,402.00. Payment of th~s amount would have to be of tne Cllyof PorI Angeles on led among the three abutting property owners. Following a brief dis- Ine 5tn day of Moy, 1981. Samuel J. Hoguewood sion between the Council and staff on the assessment per lot, Mayor Altest: Mayor ~ewood introduced and read by title Ordinance No. 2139 entitled, Molion C. Parrish, City Clerk I Approved 01 to form: J Craig L. Miller, City Attorney Pub.: May 10, 17, 198L~ .--......----- Resolution No. l5-8l I A RESOLUTION of the City of Port Angeles setting a public hearing on the preliminary plat of Uplands No.4. 1cilman Quast moved the Council adopt the foregoing Resolution as read ;itle by Mayor Haguewood, setting a public hearing date of May 19, 1981 'consideration of this matter. The motion was seconded by Councilman k and carried. I C88 CITY COUNCIL MEETING May 5, 1981 VI LEGISLATION 1. Cant. D. Rezone Request: Martin 1]" [or Haguewood read the Planning Commission's decision to recommend ial of this request to rezone 14,000 square feet from RS-7 to RMF, , the northeast corner of Fourth and Francis Streets, and requested , ents or questions from the audience or staff. "'~, I" . applicant, Tom Martin, then addressed the Council to explain his ~posal, and why he felt this request should not be considered a pos- le spot-rezone. Mr. George Crawford, 414 South Francis, stated his ~osition to Mr. Martin's proposal; there is already too much on- ~reet parking in the area and a tri-plex would add to the congestion IIU well as downgrade the surrounding property values. Following Mr. I ~awford's protest, Planner Carr explained why staff felt this proposal ~~~~~d the characteristics of a spot-rezone, and Councilman Quast suggested ~ l~at perhaps the subject property could be used by the City for expansion 'IA PUDI.I CO '- the tennis courts at Erickson Playfield. There were no further A I ;omments and the public hearing was closed. ~ aq tl!M J8JSOOM l3!JaJoA -aAIJO ~ IDd UMOp J46!DJ~S ".uo.JnO'S'B,ij; (d 'OP") OJ jS03 :5H01011I10 ~ouncilman Quast then moved the Council table this agenda item until ~ O$,('Oll, '1IO/CPa,ddCthe May 19 1981 Council meeting in order for Mr. Martin and staff to -;.J :M,noA M9!A JG'OM j.U9118:Jxa: ' 'I UlOOOCA ID'jU'" 'dwnd lo"ydiscuss the possibility of a property trade or sale. The motion was Y'!Ulj 4S!p8MS YjlM s'colI ~DO' d d b C ' I H d k d ' d :)(lJp"q JnO~ '<J"~nq P"U'IOnb,secon e y OunCl man or y an carrle. '!4 6UP8Ho S! 'A&!lonb S9lflUOS O,nll15NOO I:llH:lSnIlO ;liW:llpoint in the proceedings Mayor Haguewood noted the late hour and sug- hat Agenda Item No. 4 be considered. JlTf'Ul.o'c__ 1......'94) uo ;;;004' AlluJOj - ,daJ)D Ims PUD 10# + nas pa.)npeJ SD4 J9UMO ',"'OJI .uo 6u!sot.pJnd ,,(q SWOll 0 '9Anq '01 al:lnalll !:lllld ' I 006'ss. '6ul '01 "'!1I0 ,no 110) . "''In) .lJQOJ 6u~lIJP 'pJO...( a:IlU-,1 ~-~ S14!' . 'M!IA ninoci I!1nW I C I UTION: PUBLIC HEARING, UPLANDS DIVISION 4 PRELIMINARY PLAT Haguewood introduced and read by title Resolution No. IS-8l entitled, Resolution No. IS-8l I A RESOLUTION of the City of Port Angeles setting a public hearing on the preliminary plat of Uplands No.4. councilman Quast moved the Council adopt the foregoing Resolution as read by title by Mayor Haguewood, setting a public hearing date of May 19, 1981 for consideration of this matter. The motion was seconded by councilman Buck and carried. Councilman Quast moved the Council continue this meeting to May 6, 1981 at 7:00 P.M. The motion was seconded by Councilman Hordyk and carried. The meeting then adjourned at 10:10 P.M. May 6, 1981 The continued meeting was called to order by Mayor Haguewood at 7:00 P.M. Councilman Duncan was absent. 2. ORDINANCE: SIEBEL STREET VACATION During the April 7, 1981 Council meeting, the Council voted to vacate the Water Street right-of-way abutting Lots l, 2, and 3, Block 2, Puget Sound Cooperative Colony's Subdivision of the Townsite of Port Angeles, subject I to maintenance and easement provisions; and directed staff to prepare the . necessary Ordinance. At this meeting, Councilman Quast reported that the subject property has been assessed at $8,804.00, therefore the compensation amount for the vacation would be $4,402.00. Payment of this amount would have to be settled among the three abutting property owners. Following a brief dis- cussion between the Council and staff on the assessment per lot, Mayor Haguewood introduced and read by title Ordinance No. 2139 entitled, CITY COUNCIL MEETING May S/6, 1981 89 vt LEGISLATION 2. Cont. Ordinance No. 2139 AN ORDINANCE of the City of Port Angeles vacating the east ISO feet of the south half of Water Street west of Jones Street. I Councilman Buck moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood, with a compensation amount of $4,402.00. The motion was seconded by Councilman Boardman and carried unanimously. 3. ORDINANCE: MCDOUGAL STREET IMPROVEMENT FUND During the April 2l, 1981 regular Council meeting, the Council directed staff to draft an ordinance creating the McDougal Street Improvement Fund. All monies received from persons developing within the area served by McDougal Street would be placed into this fund, to be used toward the eventual McDougal Street L.t.D. assessment. I At this meeting, Mayor Haguewood introduced and read by title the proposed ordinance creating the McDougal Street Improvement Fund. Councilman Polhamus moved the Council adopt the ordinance as read by title, with Councilman Quast seconding the motion. During the discussion which followed, Council- man Buck spoke in opposition to the motion: he felt the City's previous policy of obtaining an assurance from developers that they would be suppor- tive and participate in an L.I.D. was adequate. councilman Quast disagreed, pointing out that the developer usually no longer holds the property at the time an L.I.D. is proposed. Additionally, any new property owner may be hesitant to participate in an L.I.D. which would improve any arterial or major streets necessary to reach his property. Councilman Hordyk stated he felt the proposed Improvement Fund would give the property owners on McDougal the false impression that the street would be improved - improvements would only occur when an L.r.D. is implemented. The discussion on this matter continued with the council arguing the pros and cons of the proposed improvement fund, and discussing a proposed amend- ment to Section 4 of the ordinance concerning fees for managing the fund monies. Attorney Miller suggested the language "less a reasonable manage- ment charge" be added to the section. The Council, Manager Flodstrom, and Attorney Miller also discussed the questionable effectiveness of the stipu- lation that property owners not protest any future L.I.D.'s in their area, and whether this stipulation can run with the land. Councilman Buck then moved the council table this agenda item until a full Council is present. The motion was seconded by Councilman Hordyk and carried. 4. RESOLUTION: PUBLIC HEARING, UPLANDS DIVISION 4 PRELIMINARY PLAT See Register Page No. 88 5. PLANNING COMMISSION MINUTES Mayor Haguewood read the Planning Commission minutes of April 22, 1981 with the following action being taken by the Council: A. Parking Variance: Terrill I Manager Flodstrom informed the Council that there is currently a request from the Planning Commission to the County Commissioners for discussion at the Planning Commission's May l3th meeting of the conditions under which Ms. Terrill and the Jurys In-n restaurant can use the County's sattelite parking lot. Ms. Terrill has requested the Council table this matter until the planning Commission has had an opportunity to discuss the parking lot situation with the County. Councilman Buck then moved the Council table this matter until the May 19, 1981 Council meeting. The motion was seconded by Councilman Polhamus and carried. Councilman Buck moved the Council accept and place on file the Planning Commission minutes of April 22, 1981. The motion was seconded by Council- man Boardman and carried. 90 CITY COUNCIL MEETING May S/6, 1981 VI LEGISLATION 6. PHASE II: CONVENTION/CIVIC CENTER Mayor Haguewood read a draft letter to Mr. Don Jewell, Event and Facility Consultants, defining the second phase of work to be done on the Convention/ Civic Center. The scope of work proposed for phase II included six points for planning development of the Center, at a cost of between $2,500 and $5,000. Manager Flodstrom then advised the Council that the County has agreed to participate on a SO/50 basis for the funding of Phase II. I Councilman Quast then suggested that the term "active" be added to the last sentence, first paragraph, so it would read ". . . eliminated any further consideration to encompass active sport events in the project." Councilman Quast also suggested language be added to point #2 regarding verifying assumption on County-wide economic impacts. Manager Flodstrom also noted that he will modify the letter to include the County's participation in the funding of phase II. Councilman Buck then moved the Council authorize staff to send the letter to Mr. Jewell, as amended. The motion was seconded by Councilman Polhamus and carried. 7. 1979 UNIFORM BUILDING CODE Mayor Haguewood introduced and read by title Ordinance No. 2140 entitled, Ordinance No. 2140 AN ORDINANCE providing for the adoption, administration, and enforcement of the 1979 Edition of the Uniform Building Code, Uniform Mechanical Code, Uniform Sign Code, Uniform Housing Code and amending Sections 2 and 3 of Ordinance 1935, and section 14.04.020 and 14.04.030, the Port Angeles Municipal Code, repealing Section 1 of Ordinance 1959 and Section 14.04.025 of the Port Angeles Municipal Code. I Councilman Quast moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Boardman. During discussion on the motion Councilman Hordyk and Manager Flodstrom discussed whether the proposed Fire Alarm Ordinance and its permit process would become part of the Uniform Building Code, or if it would be part of the building permit process. FOllowing a brief discussion with Mr. John Spiess regarding Chapter 70 of the Uniform Building Code, the motion to adopt the ordinance was passed unanimously by the Council. 8. 1979 UNIFORM FIRE CODE Mayor Haguewood introduced and read by title Ordinance No. 2l4l entitled, Ordinance No. 2141 AN ORDINANCE of the City of Port Angeles, adopting the 1979 Edition of the Uniform Fire Code, and amending sections l, 4, Sand 6 of Ordinance l824, sections l, 2, 3 and 4 of Ordinance 1880, and Sections 14.20.0l0, l4.20.040, 14.20.050 and 14.20.060 of the Port Angeles Municipal Code. Councilman Buck moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Quast and carried unanimously. I 9. FIRE ALARM ORDINANCE This agenda item was passed over. 10. FEE ADJUSTMENTS: PUBLIC WORKS DEPARTMENT Mayor Haguewood read a memorandum from Public Works Director Pittis sub- mitting a proposed fee schedule for services rendered by the Public Works Department. The proposed schedule recommended increases in copies of City maps, curb cut permits, street cut permits; street cut restoration, and sewer permits. I 91 CITY COUNCIL MEETING May 5/6, 1981 VI LffiISLATION 10. Cont. Councilman Buck then moved the Council accept the proposed fee schedule for Public Works non-utility services, and authorize staff to draft the appro- priate Ordinance and/or Resolution. The motion was seconded by Councilman Quast. During discussion on the motion, Councilman Quast was informed that labor cost is included in the .25 fee for xerox copies. The Council and Manager Flodstrom also discussed the repair of street cuts. On call for the question, the motion passed. ll. ORDINANCE: AMENDMENT TO CITY ATTORNEY BUDGET Mayor Haguewood introduced and read by title Ordinance No. 2142 entitled, Ordinance No. 2142 AN ORDINANCE amending the 1981 budget for the current expense fund and authorizing certain expenditures in the City Attorney's department for the purpose of paying certain legal costs. I Councilman Quast moved the Council adopt the foregoing Ordinance as read by title by Mayor Haguewood. The motion was seconded by Councilman Buck. During discussion on the motion, Manager Flodstrom questioned the need for hiring an additional Assistant City Attorney at this time. Because of Trans'" Mountain's time schedule at the EFSEC hearings, it may be more appropriate to either contract with a local attorney for approximately 8-l0 hours of service per week to provide the department heads with the legal services and opinions they would need, or retain the services of a legal intern for the period of the Trans Mountain case. The appropriation of $30,000 into the City Attorney's budget is needed; however, Manager Flodstom and Attorney Miller would like to explore the alternatives as to how the funds are spent and bring this information back to the Council at a later date. Attorney Miller concurred, noting that the Trans Mountain hearings may last only approximately four to five months, and the alternatives will still help keep costs to a minimum. On call for the question, the motion passed with Councilman Hordyk voting "NO." l2. AMENDED RESOLUTION: JANITORIAL SERVICE Mayor Haguewood introduced and read by title Resolution No. l6-8l entitled, Resolution No. l6-81 A RESOLUTION of the City Council of the City of Port Angeles authorizing the City Manager to execute a contract between the City and a con- tractor for the provision of janitorial services. I' Councilman Buck moved the council adopt the foregoing Resolution as read by title by Mayor Haguewood. The motion was seconded by Councilman Boardman. During discussion on the motion, Manager Flodstrom explained why the City will be contracting with Action Building Maintenance instead of Larry's Janitorial Service (Resolution No. l4-8l), the original low bidder. The owner of Larry's Janitorial, after being awarded the bid, amended his bid to just below the second lowest bidder. Manager Flodstrom felt this action was inappropriate, and thus the change to Action Building Maintenance. The City will still show a cost savings, and Action Building Maintenance is willing to accept the City's present janitor into its employment. On call for the question, the motion was passed by the Council. 13. REQUEST TO PURCHASE PROPERTY: HALKO Mayor Haguewood read a memorandum from Parks Director Frizzell advising the Council that the Park Board had reviewed the Halko family request to purchase the lO' by 25' area south of Lopez Street on the west side of Lion's Park, and recommends the property be sold. 92 CITY COUNCIL MEETING May S/6, 1981 VI LEGISLATION 13. Cont. Councilman Hordyk then moved the Council authorize Manager Flodstrom and Parks Director Prizzell to negotiate the price of the property with Mr. and Mrs. Halko. The motion was seconded by Councilman Quast. During discussion on the motion, Councilman Quast questioned whether the City could stipulate the Halkos to maintain the entrance to Lion's Park in exchange for purchasing the property for $l.OO. Manager Plodstrom will discuss this possibility I. . with Mr. and Mrs. Halko. On call for the question, the motion was passed by the Council. . 14. REQUEST TO PURCHASE PROPERTY: J. HOARE Mayor Haguewood read a memorandum from Planner Carr informing the Council that James A. Hoare has requested that the City sell back a portion of Lot ll, Block 7, PSCC 2d, adjacent to Peabody Street, which he provided to the City in lieu of payment for L.I.D. No. 198. Staff recommended that only that portion of Lot II more than 35 feet from the centerline of Peabody Street be offered for sale. This proposal would retain adequate land for right-Of-way. Staff also recommended the sale be conditioned upon: (l) a seven foot sidewalk be installed adjacent to the east side of the existing Peabody Street; and (2) that the applicant compensate the City in accordance with the Real Estate Committee recommendation. Councilman Hordyk then moved the Council authorize the City Manager to negotiate this settlement of property with Mr. Hoare. The motion was seconded by Councilman Buck. During discussion on the motion, the council and Manager Plodstrom discussed the construction of a sidewalk on the west side of Peabody Street, on the Anderson property, and whether the condition to construct a sidewalk on the east side of Peabody Street would be appro- priate. Following a brief discussion, Councilman Hordyk moved to amend his motion to delete Condition No. I. The amendment to the motion was seconded by Councilman Buck and the original motion, as amended, was passed by the 1- Council. l5. VOTING DELEGATES: AWC CONFERENCE Councilman Polhamus is the only Council member who has expressed an interest in attending the AWC Conference in Spokane. Manager Plodstrom has not yet decided whether he will be attending or not. Councilman Quast then moved the Council authorize Councilman Polhamus, Manager Plodstrom, or another staff member, to vote at the AWC Conference. The motion was seconded by Councilman Hordyk and carried. l6. AWC CONFERENCE ATTENDANCE See #lS above. VII ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. VIII FINANCE I. BUY BACK OCEAN VIEW LOTS Councilman Hordyk moved the Council buy back Lots 6 and 8, Block 14, Section "K", Ocean View Cemetery, from Mrs. Arlinda Pennel. The motion was seconded 1- by Councilman Boardman and carried. 2. L.I.D. NO. 203: RETAINAGE Councilman Buck moved the Council authorize the release of retainage in the amount of $40,679.87 to DelGuzzi Construction for L.I.D. No. 203. The motion was seconded by Councilman Quast and carried with Councilman Hordyk voting "NO" because he feels the City should not be responsible for the maintenance of the downtown planters and trees. CITY COUNCIL MEETING May 5/6, 1981 93, VIX LATE ITEMS I. PROCLAMATION Mayor Haguewood read a letter from the Olympic Area Agency on Aging, pro- claiming the month of May as Older Americans Month. x CONSENT AGENDA I Councilman Hordyk moved the Council approve the items listed under the Consent Agenda including Vouchers of $641,948.49 and Payroll of $l69,5l7.09. The motion was seconded by Councilman Buck and carried. XI STAFF/COUNCIL REPORTS Councilman Hordyk: Discussed the Jurys In-n proposed floor plan with Planner Carr, and pointed out that it shows only one exit, which would be through the existing kitchen; this is not acceptable when applying for a building permit. Planner Carr informed Councilman Hordyk that Ms. Terrill has not yet updated her floor plan (she is more concerned at the present with her parking variance), but she has been informed by both the Planning and Fire Departments that this is not allowed and the Fire Department has limited occupancy in the restaurant to SO patrons since Ms. Terrill has only one approved fire exit. Councilman Quast: Questioned Finance Director Orton in regard to the next meeting of the Data processing Committee. Noted that the City's janitor services had formerly been placed under the Light Department's budget and cautioned the departments to operate with the "strictest cost effectiveness." Councilman Polhamus: Commented on an interesting article in the recent AWe magazine on the Port Townsend Planning Commission. XII ADJOURN TO EXECUTIVE SESSION I The meeting adjourned to an executive session at 9:00 P.M. XIII RETURN TO OPEN SESSION/ADJOURNMENT The meeting returned to open session at lO:03 P.M. and was adjourned. ~ (!~~ City Clerk /~~ I