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HomeMy WebLinkAboutMinutes 05/21/1985 I I CITY COUNCIL MEETING Port Angeles, Washington May 2l, 1985 I EXECUTIVE SESSION An executive session was held at 6:l5 P.M. to consider the acquisition of real estate. I II CALL TO ORDER Mayor Whidden called the regular meeting to order at 7:02 P.M. I II ROLL CALL Members Present: Mayor Whidden, Councilmen Gerberding, Haguewood, Hordyk, Quast, Schermer, Stamon. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson, D. VanHemert, M. Cleland, R. Saville, J. Pittis, J. Marsh, R. Orton, A. Rose, T. Smith, D. Wolfe, E. Bonollo, R. French. public Present: D. Brewer, L. Lee, J. Miller, S. DeCou, S. Fahnestock, L. McPhee, G. Austin, D. Davison, L. Ross, R. Stone, D. Price, J. Cammack, D. Quast. IV MINUTES Councilman Hordyk moved to accept and place on file as received the minutes of the May 21, 1985, meeting. Councilman Stamon seconded and the motion carried. V CONSENT AGENDA Councilman Hordyk moved to accept the items listed on the Consent Agenda, including (1) Correspondence from Washington State Liquor Control Board; and (2) Vouchers of $332,069.09 and payroll of $204,426.69. Councilman Schermer seconded. Following discussion at great length between the Council, Roger Pierce of Derby Days, and the City Attorney, regarding the liquor license application for Derby Days, Inc., Councilman Gerberding instructed staff to review the insurance coverage of the applicant during the street obstruction permitting procedure. On call for the question, the motion carried. VI FINANCE 1. Payment of Riddell williams Bill Authorized Councilman Quast moved to approve payment of the May 6, 1985, Riddell Williams bill in the amount of $9,434.09. Councilman Schermer seconded and the motion carried. VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA None. VIII LEGISLATION 1. Public Hearing A. Consideration of Ordinance Changing Zoning Map Mayor Whidden opened the public hearing and asked for comments from the audience. There were none. He therefore closed the public hearing and read the Ordinance by title entitled 341 342. CITY COUNCIL MEETING May 2l, 1985 ORDINANCE NO. 2343 AN ORDINANCE of the City of Port Angeles amending the Official Zoning Map for the City of Port Angeles, Exhibit I to Ordinance No. 2158. Councilman Hordyk moved to adopt the Ordinance as read by title. Councilman Gerberding seconded and the motion carried. 2. Planning Commission Minutes of May 8, 1985 I A. Shoreline Management Permit Approved - penPly A request has been made for a Shoreline Management Permit to allow filling of the east half of the existing penPly log pond with approximately 100,OOO cubic yards of dredge spoils located at PenPly Millon Marine Drive. Coun- cilman Stamon offered the following correction to the Planning Commission minutes: Wood and bark waste would not be placed in the pond as fill material. She stated that a representative of penPly had informed her they would be using fill soils or dredge spoils which have been approved by DOE. Following further discussion, Councilman Hordyk moved to concur with the Planning Commission recommendation to approve the Shoreline Mangement Permit, subject to the following conditions, (1) The existing log pond gate be replaced with a pipe that contains a valve for refilling the pond and the inlet section of the pipe be screened to prevent entrapment of fish; and (2) Fill soils or dredge spoils, approved by the Department of Ecology, be used for the fill material, and the retaining wall consist of clean earth and other approved soils; and citing the following findings: (A) The proposed Substantial Development would comply with General Regula- tions C.2, C.4 and C.5 of the Shoreline Master Program because the activity would be occurring in an intensively-developed industrial area; (B) The proposed fill can comply with Use Activities F .l2.a through f; (C) The proposed use is a permitted acti vi ty in the City I s M-2 Heavy Industrial Zoning District; and (D) The proposed use is consistent with the Comprehen- sive Plan of the City of Port Angeles. Councilman Gerberding seconded and I the motion carried. B. Shoreline Management Permit Approved - British Petroleum Request has been made for a Shoreline Management Permit to construct a float, two dolphins, anchor piles, and a gangway ramp connected to an existing wharf at Government Outlot 2, Townsite of Port Angeles, on Ediz Hook. Councilman Quast moved to concur with the recommendation of the Planning Commission and approve the Shoreline Management Permit, citing the following findings: (1) The proposed development will occur in an already developed area of the shoreline; therefore, complying with General Regula- tion C.I and C.4; (2) The dock will not obstruct the visual and physical access to a Shoreline of Statewide Significance by the general public; therefore, it complies with General Regulation C.2 and Use Activity Policy F.17.c; (3) It will not be placed on natural beach or intertidal zone, furthering Natural Systems Policy E.l.a, and Use Activity F.17.b and c and General Regulation C.5; (4) The use is part of a water-dependent activity and this is consistent with General Regulation C.2. Councilman Hordyk seconded. During discussion, Councilman Quast noted the petition was for a facility to be used to moor a 62-foot tug boat that transports bunker fuel barges into the Harbor and will not permit the bunkering of ships or vessels at that pier. On call for the question, the motion carried. C. Shoreline Management Permit Approved - penPly I Request has been made for a Shoreline Management Permit to allow installa- tion of a second trailer loader at Lease Lot 7, Ediz Hook Lighthouse Reservation. Councilman Gerberding moved to concur with the Planning Commission recommendation to approve the Shoreline Mangement Permit, subject to the following conditions: (1) That a right of use for a public access trail, not in conflict with the existing lease agreements or the log dump operation, be granted, the location of which will be determined by negotiation with the City when detailed deSigns for the Trail are avail- able; (2) That the hoist be located adjacent to the existing hoist and approximately 20 feet from the south edge of Ediz Hook Road, and both hoists use the same exit; (3) That the roadway service road entrance and exit to the hoists be paved; and citing the following findings: (A) The present and proposed uses are water-oriented, rather than shoreline- dependent; therefore, the proposal is in partial compliance with General I I I CITY COUNCIL MEETING May 2l, 1985 Regulation C.2, Land Use Element D.1.a and Use Activity F.8.a; (B) Con- struction will not occur over existing natural beach or water; therefore, the Permit complies with General Regulation 5 and Natural Systems Policy La; (c) The hoist will be located in an industrially-used site in the Urban Environment and not commit additional shoreline to development, furthering General Regulations C.l and 4; (D) With the condition that the hoist be relocated and an access trail be provided, physical access to a Shoreline of Statewide Significance will be improved, in accordance with General Regulations C.2 and Land Use Element D.2; (E) The proposed develop- ment will not adversely affect or alter a Shoreline of Statewide Signifi- cance, in compliance with General Regulation C.2; and (F) The proposed use complies with the Comprehensive Plan and City Zoning Ordinance. Councilman Stamon seconded. On call for the question, the motion carried. D. Shoreline Management Permit Approved - penPly Request has been made for a Shoreline Management Permit to allow placement of rip rap along 560 feet of shoreline inside the log dump trestle in Port Angeles Harbor, total fill to be approximately 1,280 tons, located on Lease Lot 7, Ediz Hook Lighthouse Reservation. Councilman Hordyk moved to concur with the recommendation of the Planning Commission to approve the Shoreline Management Permit, citing the following findings: (A) The rip rap is being placed to protect upland facilities and therefore complies with Use Activities F.9.e; (B) Since it will be placed in a manner that does not endanger fish or shellfish habitats and does not degrade or displace a natural beach, it complies with Natural Systems Policy E.1.a and Use Activities F.9.b; (C) Because natural materials are being used and the existing marine beach will not be displaced, the proposed rip rap complies with Natural Systems Policy E.1.a and Use Activities Policy F.9.a; and (D) The proposal will not detrimentally alter the natural conditions of a Shoreline of Statewide Significance, in compliance with General Regulation C. 5. Councilman Stamon seconded. Following discussion, on call for the question, the motion carried. E. conditional Use Permit Approved - Aladdin's Home Care Center Request has been made for a Conditional Use Permit to allow manufacturing, display and retail sales of kitchen cabinets as well as to continue the sale of floor coverings and draperies located at 1010 South "C" Street. Councilman Schermer moved to accept the recommendations of the Planning Commission and approve the Conditional Use Permit, subject to the require- ments of the Uniform Building Code and Uniform Fire Code, and citing the following findings: (1) The proposed use is similar to a hardware store; (2) The size of the operation should not create any detrimental impacts upon the existing commercial zone or abutting properties because it is located on the "c" Street arterial. Councilman Stamon seconded, inquiring if the issue of noise had been addressed. Roger Pierce, property owner, stated the building is of cement block and is well insulated. On call for the question, the motion carried. F. Conditional Use Permit Approved - David and Pamela Church Request has been made for a Conditional Use Permit to allow a beauty shop as a Home Occupation in the RS-7, Single-Family Residential District, located at 1717 East Fifth Street. councilman Stamon moved to concur with the Planning Commission's recommendation to approve the Conditional Use Permit, subject to the following conditions_: (1) That. two off-street park- ing spaces be available for customers in the driveway adjacent to the alley; (2) That only one resident operator be permitted; and (3) That the hours of operation be limited to 9 AM to 5 PM Monday through Saturday; and citing the finding that the Home Occupation will not be thus intensified and distract from the residential aspect of the neighborhood. Councilman Gerberding seconded. Councilman Quast asked if commercial utility rates were being charged to individuals with Conditional Use Permits. He felt tabs should be kept on Conditional Use Permits, keeping in mind that should economic times improve, individuals may be encouraged to locate in commer- cially-zoned areas. He also felt that tabs should be kept on whether or not these individuals were paying commercial utility rates. On call for the question, the motion to approve the Conditional Use Permit carried. G. Planning Commission Minutes Accepted Councilman Gerberding moved to accept and place on file the Planning Com- mission minutes of May 8, 1985, as written. Councilman Quast referred to Mr. Hulett's concern over the apparent shanty-town developing in Ennis 343 344 CITY COUNCIL MEETING May 2l, 1985 Creek Ravine adjacent to Highway 10l East. Police Chief Cleland noted this was not a concern for the Police Department. Council concurred that it was a concern as far as public health. The Council instructed staff to contact the County Health Department. Councilman Stamon then seconded the motion to accept the minutes, noting corrections previously indicated. On call for the question, the motion to accept the Planning Commission minutes as amended carried. 3. Resolutions Passed Setting Public Hearings for Street Vacations (Rix-Peabody Street; Thompson-Alder Street) Mayor Whidden read the first Resolution by title, entitled RESOLUTION NO. 11-85 A RESOLUTION of the City setting a hearing date to vacate the south 70 half of Peabody Street Viewcrest Avenue. of Port Angeles for a petition feet of the west south of Councilman Schermer moved to pass the Resolution as read by title. Council- man Stamon seconded and the motion carried. Mayor Whidden read the second Resolution by title, entitled RESOLUTION NO. 12.85 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate Alder Street from Second Street to the 2/3 Alley. Councilman Hordyk moved to pass the Resolution as read by title. Council- man Schermer seconded and the motion carried. Upon recommendation by Attorney Knutson, Councilman Stamon moved to refer both street vacations to the Planning Commission. Councilman Quast seconded and the motion carried. 4. Ray Nebert Request for Council Assistance With Fence Problem - Front Street Car Wash - Referred to Planning Commission Following discussion at great length among Councilmembers, Mr. Nebert, and Mr. Ward who resides across the alley from the car wash, with a suggestion from Councilman Stamon that installation of a speed bump be considered, Councilman Gerberding moved to refer the matter to the Planning Commission for determination as to whether a car wash is an outright permitted use in a commercially zoned area. Councilman Haguewood seconded. The motion carried. 5. Final Environmental Impact Statement for City Hall Accepted Construction of a new City Hall Authorized Manager Flodstrom explained that the Final Environmental Impact Statement was complete and had been submitted to the Council. During discussion on the Final EIS, Councilman Quast moved that the comments of the public hear- ing of April 16, 1985, by the following: Frank McPhee, Marie Gruebel, Lucia McPhee, Ray Taylor, and a letter received on November 5, 1984, by Mr. Brewer, the President of the Downtown Association, be included in the Final EIS. Councilman Schermer seconded. The motion carried. Councilman Schermer then moved to accept and place on file the Final Environmental Impact Statement and the Financing Options Report prepared by City staff. Councilman Stamon seconded and the motion carried. 6. Determination of Direction in Development of New City Hall Facility Councilman Quast moved that the City consider the construction of a new City Hall which would encompass the needs of the community for the next 25 years, consisting of from 30,000 to 49,000 square feet. Councilman Schermer seconded. Councilman Quast then struck 49,000 as a figure from the motion. Councilman Gerberding noted concern and recommended not including square-footage in the motion. Manager Flodstrom explained that if the motion passed, a request for proposals for architectural services I I I I I I CITY COUNCIL MEETING May 21, 1985 would be developed and the spatial needs would be confirmed at that time. Councilman Quast then struck from the motion all reference to square- footage. Attorney Knutson asked that Councilman Quast reconsider the use of the word "consider" in his motion. Councilman Quast then restated his motion, that the City shall build a new City Hall, reflecting the needs of the community for the next 25 years. Councilman Schermer concurred. The motion carried. Councilman Schermer then moved to authorize staff to establish a timetable for completion of the new or remodeled facilities; also to authorize staff to begin with the selection process for an architect and other necessary procedures entailed in these two items. Councilman Gerberding seconded. Councilman Gerberding requested this include a firming up of exactly which City personnel would be included in the new facility. On call for the question, the motion carried unanimously. Councilman Quast then moved to authorize staff to proceed with development of a financial package which would be a combination of Councilmanic bonds, both at fixed and variable interest rates, in an amount not to exceed $2,400,000. Councilman Schermer seconded. Councilman Haguewood suggested that before this motion was voted on, two proposed new sites be discussed. He deferred explanation of the two new sites to Manager Flodstrom. Manager Flodstrom explained that approximately two weeks ago, staff was informed the piece of property immediately across the street from the present City Hall, on the northeast corner of Front and Oak Streets, could or would be made available to the City of Port Angeles solely for the construction of a City Hall facility. He stated the price on this property had been reduced considerably and that a final price was still being dis- cussed. He informed the council the property which had formerly been proposed for the Armory Square Shopping Mall had also become available. Following Manager Flodstrom's explanation of these new circumstances, Councilman Quast spoke further to his motion, urging that the limit of $2,400,000 not be exceeded in the project, as this was a manageable figure. Councilman Haguewood urged the Council to very seriously consider the site directly across from the current City Hall. Following further discussion at great length, on call for the question, the motion on financing carried, with Councilmen Hordyk and Haguewood voting "No". Councilman Hordyk then moved that staff be instructed to add an addendum to the Environmental Impact Statement to include the property at Front and Oak Streets. Councilman Stamon seconded. Councilman Quast spoke in support of the motion, if the addendum could be presented to the Council at the J~ne 4, 1985, meeting, and a final site decision could be made at that meeting. During discussion, Councilman Stamon seconded, after receiving clarifica- tion from Councilman Hordyk that the motion was to authorize an addendum, not an amendment to the Environmental Impact Statement. Councilman Quast instructed staff to look at two spec~fic items in the review of this site, specifically a drive-in window facility, and suggested an engineering study as to the stability of the ground. Manager Flodstrom indicated a complete engineering study could not be completed by June 4th but felt that the ground could adequately accommodate such a facility. Following discussion at great length, the motion carried. Manager F10dstrom indicated staff would return to the Council with a com- pleted addendum to the Environmental Impact Statement and possibly a financing package and a schedule for the project at the June 4th meeting. Councilman Quast moved that by June 4th the City have a firm sales offer from the owner of the property at Front and Oak and to authorize the City Manager to negotiate that sales price. Councilman Stamon seconded. On call for the question, the motion carried. 7. Mike Morrish Appointed to Park Board Following a brief recess, Mayor Whidden reviewed a memo from Manager Flodstrom suggesting the possible option of reducing the Park Board to five members rather than seven. Mayor Whidden noted the ordinance does call for seven members. The Council then cast ballots. Mike Morrish was selected to fill the vacancy on the Parks, Recreation and Beautification Commission. 8. Park Board Minutes of April 11, 1985 councilman Schermer moved to accept and place on file the Parks, Recreation and Beautification Commission Minutes of April II,' 1985. Councilman 345 346 CITY COUNCIL MEETING May 21, 1985 Gerberding seconded. Councilman Quast noted the need for improved communi- cation between the Citizens Advisory Park Board and the Parks, Recreation and Beautification Commission; specifically noting an issue with declaring Canyon Edge surplus property. On call for the question, the motion carried. 9. Permission Granted to Port Angeles Downtown Association for a Sidewalk Sale on May 23, 24 and 25, 1985 Councilman Stamon moved to approve this request. Councilman Gerberding I seconded and the motion carried. 10. Resolution Passed Opposing Settlement Offer Between Bonneville Power Administration and Private Utilities on WNP 3 Mayor Whidden read the Resolution by title, entitled RESOLUTION 13-85 A RESOLUTION of the City Council of the City of Port Angeles expressing the City's opposition to the proposed settlement agreement between the Bonneville Power Administration and the four investor-owned utilities in BPA v. WPPSS, United States District Court, Western District of Washington at Seattle, No. C82-1252. Councilman Gerberding moved to pass the Resolution as read by title. Councilman Quast seconded. Following explanation by Councilman Quast of what the Resolution entailed, including information that the original judge, Judge Bilby, whose decisions were in favor of the four investor- owned utilities, was found to be in conflict of interest as he seemed to own shares and that his decisions have now been vacated by the newly I assigned Judge Browning. On call for the question, the motion to pass the Resolution as read by title carried. 11. proclamation of Buddy Poppy Sale Days Mayor Whidden proclaimed May 24th and 25th, 1985, as the days set aside for the distribution of Buddy Poppies, symbols of the appreciation for the sacrifices of our honored dead. 12. Acceptance of Donation from Port Angeles Rotary for "Jaws of Life" Mayor Whidden found this to be an outstanding gesture on the part of this service organization. He read the letter from the Port Angeles Rotary dated May l6, 1985, offering to contribute up to $5,000 after the City has paid $3,000. Following discussion, Councilman Quast moved to strike from the budget the item of air bag and replace it with the "Jaws of Life" and contribute $3,000 towards this purchase, the remaining contribution to be from the Rotary Club. Councilman Hordyk seconded. The motion carried. Mayor Whidden once again stated the City Council is most appreciative of the Rotary Club of Port Angeles' gracious offer. The Council instructed City Manager Flodstrom to write a letter of thanks to the Port Angeles Rotary along with the acceptance of the donation. 13. Ordinance Adopted Amending Organization of Finance Committee - Mayor to Appoint Committee Members (Continued from May 7, 1985) Mayor Whidden read the Ordinance by title entitled ORDINANCE NO. 2344 AN ORDINANCE of the City Council of the City of Port Angeles establishing a Finance Committee to review the financial operation of the City and provide for the filing of an annual report covering the depositing of public funds in financial institutions, amending sections 2 and 3 of Ordinance 1882 and Section 3.06.020 and 3.06.030 of the Port Angeles Municipal Code. I I I I CITY COUNCIL MEETING May 21, 1985 Councilman Hordyk moved to adopt the Ordinance as read by title. Council- man Stamon seconded and the motion carried. Mayor Whidden appointed Councilmen Haguewood, schermer and Gerberding as members of the Finance Committee. The first meeting of the Finance Committee was scheduled for May 29, 1985. 14. Revenue Sharing Funds Authorized to Complete Repair of City Pier Floats Damaged During 1984 Storm Councilman Haguewood moved to authorize payment in the amount of $14,920.28 from Revenue Sharing for reconstruction of the Public Pier floats. Council- man Gerberding seconded and the motion carried. 15. Street Closure Authorized - Derby Days - Laurel Street from Railroad Avenue to First Street for July 4th Food Fair Councilman Quast moved to -approve the street closure, with the exception that the alley remain unblocked to allow emergency access. Councilman Stamon seconded. Councilman Quast inquired if arrangements had been made with Greyhound. Public Works Director Pittis explained that Greyhound had been very cooperative during events of this nature in the past. Following discussion, on call for the question, the motion carried. IX LATE ITEMS Manager Flodstrom confirmed with Councilmembers attendance for the ACW Conference to be held June 19th through June 2l, 1985. Out-of-State Travel Policy Adopted Manager Flodstrom presented to the Council a memo requesting direction on an out-of-state travel policy, as well as recommendations as follows, The City Manager shall approve or deny all requests for travel expenditures prior to the travel occurrence. Travel requests exceeding $500 or for out- of-state travel would also be brought before the City Council for considera- tion. The out-of-state provision is not intended to include trips to areas that are immediately bordering the State, such as Portland, Oregon, or Vancouver, B.C., but directed to travel well beyond the State's boundaries. Manager Flodstrom stated that in the past, travel requests for out-of-state have been denied and the employee has paid a portion of the expense out of his own pocket. Councilman Quast felt that some conferences were junkets with agendas that were minimal and opposed ratepayers' or taxpayers' money being spent for such events. He favored the individual paying 50% of the cost or paying the travel expense with the City paying for the lodging. He stated that conferences, such as the upcoming AWC conference in Spokane were of a different nature. Following discussion at great length, Council- man Schermer moved to adopt Manager Flodstrom' s recommendations as the travel policy. Councilman Quast seconded. The motion carried, with Coun- cilman Gerberding voting "No", opposing the City Manager making recommenda- tions if a travel request comes before the Council. Manager Flodstrom informed the Council that in the absence of a policy, he had granted permission for two members, a member of the Council and a staff member, to attend a Northwest Public Power Association conference in Reno. He felt that it was poor judgment on the part of the Northwest Public Power Association to schedule the event in Reno. Councilman Hordyk recommended sending a letter voicing concern to the manager of Northwest Public Power Association. Councilman Hordyk also indicated that these conferences are very well covered by the news media and contain critical information in which the City of Port Angeles needs to be involved. He agreed that this was not the best location for the conference. Gambling Tax Issue Postponed Manager Flodstrom explained that the gambling tax issue had been postponed at the request of Ben Goldie, owner of the Good Times Tavern. Funds Authorized for Lamination Repair of Beams at William shore Memorial Pool Manager Flodstrom explained that over the past few months, the Parks Department and the Public Works Department with the assistance of a structural engineer in Port Angeles had devised a method of repair for the 347 348 CITY COUNCIL MEETING May 21, 1985 laminated beams at the Pool, as well as a cost estimate. He stated that a Pool closure is scheduled in the near futur~ and hoped this repair could be scheduled in conjunction with the closure. Assistant Public Works Director Rose outlined the proposed repair project. Following discussion, Council- man Quast moved to authorize an expenditure of $36,000 for the Pool lamina- tion repair from Revenue Sharing funds. Councilman Hordyk seconded. Fol- lowing further discussion at great length, the motion carried. X ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA Councilman Stamon reported to the Council that the first 2~ day session with the Investment in Excellence program had been held and was met with great enthusiasm. She also referred to a two-page display ad in the Daily News welcoming Hiller Helicopters and commended the business people in Port Angeles for this welcome. Councilman Quast introduced six of his students to the Council. Councilman Schermer inquired if vacant lot monitoring would be occurring, noting concern over overgrown vacant lots. Mayor Whidden noted that only two members of the Council were presently signed up for the Investment in Excellence training program and encouraged everyone to attend, if they could possibly afford the time, as they would be much better off for it. XI ADJOURN TO EXECUTIVE SESSION None. XII RETURN TO OPEN SESSION None. XIII ADJOURNMENT Mayor Whidden adjourned the meeting at 9:52 P.M. a:t AA/' a rib/}! /J1 /J <j(7 -' &"J!l) ~ Mayor I I.. I