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HomeMy WebLinkAboutMinutes 05/17/1983 442 CITY COUNCIL MEETING Port Angeles, Washington May l7, 1983 I CALL TO ORDER Mayor Duncan called the meeting to order at 7:00 P.M. II ROLL CALL Members Present: Mayor Duncan, Councilmen Gerberding, Haguewood, Hordyk, Polhamus, Quast, Whidden. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Lannoye, P. Carr, L. Cosens, D. Frizzell, L. Glenn, J. Pittis, R. Orton, R. Morgan, M. Campbell, S. Ilk. Public Present: S. Fahnestock, J. Kreider, L. McArthur, H. Berglund, L. Sunny, D. Price, T. Haley, L. Ross, S. Marino, D. Wolfley. III MINUTES Councilman Quast moved the Council accept and place on file as received the minutes of the May 3, 1983 meeting. Councilman Hordyk seconded and the motion carried. IV CONSENT AGENDA I councilman Quast moved the Council accept the items listed under the Consent Agenda, including 1) permission to call for bids for residential electrical meters, 2) acceptance of Phase II of the Downtown Improvement 1- proj ect, 3) Washington State Liquor Control Board correspondence, 4) vouchers of $1,032,985.98 and payroll of $182,486.71. Councilman Hordyk seconded and the motion carried. V FINANCE {l. Utility Defense Group - Payment to Riddell, Williams. Councilman Gerberding moved Bullitt & Walkinshaw in the the Utility Defense Group. carried. the Council approve payment to Riddell, Williams, amount of $6,934.96 for legal representation on Councilman Quast seconded and the motion VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA Councilman Quast requested "Discussion of City funds deposited First National Bank" be placed as item 9 on the Legislation: agenda. with Seattle New Items VII LEGISLATION: Continued from May 3, 1983 Agenda. 1. Non-Firm Power Purchase Contract with BPA Mayor Duncan referred to Power Manager Booth's memorandum recommending the Council authorize execution of a non-firm power purchase contract with BPA for power purchased for the Crown Zellerbach boiler. Councilman Gerberding moved the Council adopt Resolution No. 9-83 entitled I I I I CITY COUNCIL MEETING May 17, 1983 RESOLUTION NO. 9-83 A RESOLUTION of the City of Port Angeles authorizing the Mayor and City Clerk to execute a letter agreement dated February 16, 1983 between the City of Port Angeles and the United States Department of Energy, Bonneville Power Administration, contract No. DE-MS79-83BP91l26. Councilman Hordyk seconded and the motion carried. 2. Lincoln Park Patent - Brian Haller Patent Infringement Mayor Duncan read Attorney Miller's memorandum regarding an infringement of the City's patent with the Bureau of Land Management for Lincoln Park. Due to a surveying error a home owned by Brian Haller, at 1313 West Lauridsen Boulevard, was built on a portion of Suburban Lot 113 and is within the legal boundaries of Lincoln Park. The BLM has requested the City reconvey to them a 50' x 70' parcel of land encompassing Mr. Haller's home. The BLM will then sell this piece of land directly to Mr. Haller. Councilman Polhamus moved the Council authorize staff to proceed with this course of action and Councilman Whidden seconded. Councilman Hordyk requested staff ascertain that no costs will be incurred by the City in this transaction. In further discussion the Council concurred to remand this to staff and the motion was withdrawn. 3. Federal Jobs Bill - Fundable Capital Projects. The Council concurred to consider staff's recommendations for capital projects fundable under the Federal Jobs Bill at the May 24th work session. Councilman Quast requested consideration also be given to the reconstruc- tion of Fairmont Avenue and Councilman Hordyk recommended the installation of a sewer line on Ediz Hook and possible improvement of the City's property at Seventh and Peabody. 4. Utility Advisory Committee Meeting. The Council scheduled a Utility Advisory Committee meeting for Tuesday, May 31, 1983 at 5:00 P.M. in the City Light Conference Room. Considered at that meeting will be the City's Utility Credit Policy, Cost of Service Study and Rate Structure for Sewer/Water Utility, Seasonal Watering rates and G. Mattson's request for a utility refund. 5. Planning Commission - Resignation of Dave Brewer. Mayor Duncan read Mr. Dave Brewer's letter of resignation from the Planning Commission effective June 1, 1983. Councilman Quast moved the Council regretfully accept Mr. Brewer's reSignation from the Planning Commission and instruct staff to prepare a letter expressing the Council's apprecia- tion for Mr. Brewer's fine service on the Commission. Councilman Whidden seconded and the motion carried. 6. Appointment to Planning Commission Vacancy. Inasmuch as the Council interviewed candidates for the Planning Commission at the April 19, 1983 meeting to fill the unexpired terms of two resigning members, the Council concurred to consider appointing a replacement for Mr. Brewer from the remaining candidates. They are: Sandi Hartmann, Brad Banner, Frank Feeley, Jr., and William Foth. Balloting then proceeded, with Brad Banner receiving the majority of votes. Councilman Haguewood then moved the Council appoint Brad Banner to fill the unexpired term of Dave Brewer effective June 1, 1983. Councilman Polhamus seconded and the motion carried. 7. AWC Conference - June 14 - 17. Manager Flodstrom discussed with Council arrangements for attending the AWC Conference, June 14 - 17, in Bellevue. 443 444 l I CITY COUNCIL MEETING May 17, 1983 8. Consideration of applications for Parks, Recreation and Beautification Commission. Councilman Polhamus moved consideration of this item be removed from the table. Councilman Gerberding seconded and the motion carried. Councilman Gerberding then moved the Council interview candidates for Parks, Recrea- tion and Beautification Commission member at 6:30 P.M., June 7, 1983, before the regularly scheduled Council meeting. Councilman Quast seconded and the motion carried. 9. I First & Lincoln - Discussion of proposed development and improvements. Councilman Quast moved the Council instruct staff to ascertain from the minutes and tape of the August 17, 1982 Council meeting if Council granted approval for the First and Lincoln Streets Conditional Use Permit with the understanding that five lots were involved. Councilman Whidden seconded and after further discussion the motion carried. VIII LEGISLATION: NEW ITEMS 1. Planning Commission Minutes - May 11, 1983 Mayor Duncan reviewed the Planning Commission Minutes of May 11, 1983 with the following action being taken by the Council: A. Hartnagel Building Supply Rezone Councilman Gerberding moved the Council schedule a public hearing June 7, 1983 for consideration of the Hartnage1 request to rezone 35,000 square feet from CAD-R to CAD at 819 - 833 East Front Street. Councilman Whidden seconded and the motion carried. The Council also concurred to discuss at that time the proposed rezoning of all of the CAD-R District to CAD. B. Mather Rezone I Councilman Quast moved the Council schedule a public hearing for June 7, 1983 for consideration of the Mather request to rezone 7,000 square feet from RS-7 to OC at 835 Georgiana. Councilman Whidden seconded and the motion carried. C. Schwartz Conditional Use Permit Councilman Quast moved the Council concur with the Planning Commission recommendation to grant a Conditional Use Permit for Schwartz to operate a mini center for child care as a Home Occupation at 1304 West Fifth Street, subject to the following conditions: (I) that the number of day care/pre- school children be limited to a total of twelve, as prescribed by Washing- ton Administrative Code. Any increase in this number will require a new Home Occupation permit; (2) that one on-site parking space adjacent to the alley be designated for clients to provide an optional off-street parking space for the delivery and pick-up of children; (3) that the requirements of the Fire Marshal be met. He then cited the following findings of fact: (A) the Home Occupation does not introduce noise, dust, smoke or other hazards into this residential neighborhood; (B) traffic to and from the site will not significantly increase; (C) the proposed Home Occupation will not be injurious or detrimental to abutting nearby properties and the general welfare; (D) the mini-day care center as a Home Occupation provides a service to the community and does not endanger the public health, safety, I morals or welfare. Councilman Polhamus seconded and the motion carried. D. Bethany Pentecostal Church - Conditional Use Permit Councilman Whidden moved the Council concur with the Planning Commission recommendation to approve the Conditional Use Permit for Bethany Pentecostal Church to enlarge the existing sanctuary, to provide extra meeting rooms and classrooms at 508 South Francis Street, Port Angeles, subject to the following conditions: (1) if the parking lot is lighted, such lights shall I I I CITY COUNCIL MEETING May 17, 1983 be shielded so that no glare extends to surrounding residential properties; (2) excavated material to be disposed of at a site approved by the Public Works and Planning Departments; (3) building height shall not exceed 30 feet; (4) signing to meet code requirements; (5) parking lots shall be screened with a solid wall or view-obscuring fence or hedge not less than 54 inches nor more than 6 feet in height on all property lines; (6) an off-street parking and landscaping plan shall be submitted at the time of the building permit application, in compliance with the plot plan submitted on April 8, 1983 and Condition 5 above; (7) a fire alarm and fire safety program be installed in accordance with the Code requirements and in effect at the time of the building permit. He also cited the following findings of fact: (A) the Church at this location is generally compatible with the residential character of this neighborhood; (B) with the application of Conditions 5, 6 and 7, the City streets and utilities in this vicinity will be minimally affected by the proposal; (C) the Conditional Use Permit promotes the general welfare and is in the best interests of the City. Councilman Polhamus seconded and Councilman Hordyk requested Fire Chief Glenn clarify condition No.7. After further discussion the motion carried. Councilman Hordyk then moved the Council accept and place on file as received the minutes of the May 11, 1983 Planning commission meeting. Councilman Gerberding seconded and the motion carried. 2. Resolution - Public Hearing date for Street Vacation on Fifth Street - Lamb - June 21, 1983 Mayor Duncan read Resolution No. 10-83 by title, entitled RESOLUTION NO. ,10-83 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Fifth Street abutting Blocks 96 and 83, TPA. Councilman Quast moved the Council adopt the foregoing resolution as read by title and Councilman Polhamus seconded. The resolution sets the public hearing date for June 21, 1983. Councilman Hordyk requested staff deter- mine if there would be a future need for that portion of Fifth Street requested to be vacated. After further discussion the motion carried. 3. Washington State Liquor Control Board - Recent Actions Manager Flodstrom introduced Mr. Bills Sands, the local representative of the Washington State Liquor Control Board, to the Council to discuss recent Board action in the denial of Class "H" liquor licenses in Port Angeles. Mr. Sands explained that Class "Hit licenses are issued on a population ratio and recent denials were made as the area is currently amply served. Mr. Sands then answered the Council's questions with regard to liberalizing the licensing process and suggested Council contact our legislators to effect any changes. 4. Confirmation of Craig Knutson as City Attorney for City of Port Angeles Mayor Duncan read a letter from Manager Flodstrom regarding his appointment of Craig Knutson as City Attorney effective July 1, 1983. Councilman Quast moved the Council confirm Mr. Knutson's appointment as City Attorney and Councilman Whidden seconded. Councilman Gerberding noted that though he was well pleased with the selection of Mr. Knutson he felt solicitation should have been made outside of the vicinity of Port Angeles as well. On call for the question the motion carried. 5. "City's Official Hostesses" - Jet Set Soroptomis,ts Club Mayor Duncan read Manager Flodstrom I s memorandum regarding the Jet Set Soroptomists Club request to act as the City's Official Hostesses. Upon discussion of the request Councilman Quast moved the Council establish the 4'- .":i:~ 446- CITY COUNCIL MEETING May 17, 1983 Jet Set Soroptomists Club as the City's Official Hostesses for a two-year period; Councilman Gerberding seconded and the motion carried. In making this designation the Council urged the Soroptomists Club to include all those service groups interested in assisting the community in this function. ,,/ 6. Clarification on Legal Representation in the Chemical Bank Lawsuit ~ Manager Flodstrom summarized for the Council a May 11, 1983 letter received from Riddell, Williams, Bulli tt & Walkinshaw advising the Council of a I possible conflict of interest arising from Attorney Miller's resignation to . go to work for the law firm representing the Clallam County PUD in WPPSS litigation. Clallam County PUD is a board member of WPPSS and during litigation a basic potential conflict may occur between non-board members (the City) and board members (Clallam County PUDlo The Council concurred to consider the matter advisory at this time. 7. National Safe Boating Week - June 4 - 10, 1983 Mayor Duncan proclaimed the week of June 4 - 10, 1983 as National Safe Boating Week in Port Angeles. 8. National Public Works week - May 22 - 28, 1983 Mayor Duncan proclaimed the week of May 22-28, 1983 as National Public Works Week. 9. Seattle First National Bank Manager Flodstrom and Finance Director Orton reported to the Council that City of Port Angeles funds deposited in Seattle First National Bank are secure and guaranteed both by the FDIC and Washington State Public Depositors Insurance Association. Councilman Quast requested staff investigate why King County has withdrawn their funds from the bank. IX LATE ITEMS I Coast Guard Dinner Manager Flodstrom reminded the Council of the Coast Guard Farewell and Appreciation Dinner to be held Thursday, May 19, 1983, 6:00 P.M., at Harrington's Sky Room. Animal Trapping Manager Flodstrom also discussed with Council reviewing current City legislation with regard to trapping of animals within the City limits. Draft Police Vehicle Use Policy Manager Flodstrom advised the Council a fourth draft of the Police Vehicle Use Policy has been prepared and invited Council comment regarding the proposed policy. X ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA Mayor Duncan read a letter from Admiral Larkin expressing his regrets at being unable to participate in Coast Guard Appreciation Week. She relayed an invitation from the North Olympic Library System to the dedication of the new Sequim Library. She also circulated lettes from Senator Connor and I Representative Fisch responding to the Council's concerns with SB 3891. Councilman Quast thanked the Roosevelt Middle School Band in the flag raising ceremony at the Coast Guard Station. the Council representatives to the Clallam Transit System downtown shuttles. for participating He also requested press for uptown- I I I CITY COUNCIL MEETING May 17, 1983 Council Out-of-State Travel Councilman Quast inquired as to policy for Council out-of-state travel. Council concurred to notify the Mayor regarding their plans for out-of- state travel. Councilman Polhamus noted May 21, 1983 was National Maritime Day. Canvas Cover for Civic pier Pavilion Councilman Quast moved the Council consider appropriating funds for a canvas cover over the Civic Pier Pavilion in June. Councilman Whidden seconded and the motion carried. Insurance Rating for Port Angeles Hattie Berglund inquired as to the timing classification rate for Port Angeles to 4. would take place sometime this fall. involved. in lowering the fire Fire Chief Glenn indicated this First and Lincoln - Gull Oil Duane Wolfley, local counsel for Gull Oil, addressed the Council regarding their possible reconsideration of the Conditional Use Permit issued for the First and Lincoln corner. Mr. McArthur and Mr. Kreider of Gull Oil also addressed the Council regarding their plans for development of the corner. Time Oil Litigation Attorney Miller reported the Superior Court had upheld the City's L.I.D. 203 assessment on the Time Oil property. XI ADJOURN TO EXECUTIVE SESSION Mayor Duncan adjourned the meeting to an executive session at 8:56 P.M. XII RETURN TO OPEN SESSION AND ADJOURNMENT The meeting returned to open session and adjourned at approximately 10:00 P.M. ~~ e. /:JOo:dd City Clerk ~~~ 447