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HomeMy WebLinkAboutMinutes 06/21/1983 456 CITY COUNCIL MEETING Port Angeles, Washington June 21, 1983 I CALL TO ORDER - SPECIAL MEETING Mayor Duncan called the special meeting of the Council to order at 6:30 PM. All Councilmembers were present. The purpose of this meeting is to inter- view applicants for the Parks, Recreation and Beautification Commission. I' Applicants under consideration were: Mr. Leonard Eeil, Mr. Daniel Kelner, and Ms. Carole Boardman. Mr. Beil was out of town and not able to attend the meeting. I CALL TO ORDER - REGULAR MEETING Mayor Duncan called the regular meeting of the Council to order at 7:02 PM. 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, M. Cleland, L. Glenn, J. Pittis, D. Wolfe, R. French, D. VanHemert. Public Present: S. Fahnestock, D. Price, B. Levin, T. Wishik. III MINUTES Councilman Hordyk moved the Council accept and place on file as received the minutes of the June 7, 1983 meeting. Councilman Gerberding seconded and the motion carried. IV CONSENT AGENDA Councilman Hordyk moved the Council accept the items listed under the Consent Agenda including (I) payment to Peninsula Landscaping for Plant Establishment Downtown; (2) correspondence from the Washington State Liquor Control Board; (3) vouchers of $255,218.39; and (4) May 29, 1983 payroll of $184,815.04 and June 17, 1983 payroll of $200,393.71. Councilman Polhamus seconded. Council discussed the liquor license application for Admiral Halsey's Restaurant, and on call for the question the motion carried with Councilman Haguewood abstaining. V FINANCE 1. Bid Award for Electrical Meters Councilman Quast moved the Council concur with the recommendation of the Light Department to accept and award the low bid of General Pacific, Inc., Portland, Oregon, for $12,273.68, including tax, for 384 single phase, residential 240 volt kilowatt-hour meters. Councilman Whidden seconded and the motion carried. 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 consideration of trapping within the City limits be placed early on the agenda for the July 5, 1983 meeting. Agenda Item 21. The Council concurred to place selection of a Parks, Recreation and Beautification Commission member as agenda item 21. I I 'I I I CITY COUNCIL MEETING June 21, 1983 Agenda Item 22. The Council concurred to place a report from Mayor Duncan on the Harbor Promotion as agenda item 22. At this time, Duane Wolfe, City Treasurer, introduced Lois Danks, the City's new Data Processing Manager to the Council. VII LEGISLATION 1. Public Hearing A. Six Year Street Improvement Program Mayor Duncan opened the public hearing on the six year transportation improvement program and requested comments or questions from the audience. There being no comments, Mayor Duncan closed the public hearing. Public Works Director Pittis reviewed with the Council the six year street improve- ment program for the City of Port Angeles. Following Council suggestions for the program, Mayor Duncan read Resolution No. 12-83 adopting the Six Year Transportation Improvement Program. Councilman Whidden moved the Council adopt the Resolution as read. Councilman Quast seconded and the motion carried. 2. Mather Rezone Request - 835 East Georgiana Councilman Quast moved consideration of this item be removed from the table. Councilman Polhamus seconded and the motion carried. Assistant Planner VanHemert reviewed the Mather request to rezone 7,000 square feet at 835 East Georgiana from RS-7 to OC. Council discussed the proposed rezone at length and Councilmen Hordyk and Gerberding noted their concern with the rezone request as it is for one single lot-which is not contiguous to any OC zoned property. Councilman Quast reiterated his request of the Planning Department and Planning Commission for a hospital/medical services zone. After further discussion, Mayor Duncan read the following ordinance by title: ORDINANCE NO. AN ORDINANCE of the City of Port Angeles reclassifying property at 835 East Georgiana Street from RS-7 to OC. Councilman Hordyk moved the Council disapprove the foregoing ordinance as read by title and deny the Mather rezone request. Councilman Polhamus seconded and the motion carried with Councilman Haguewood voting "No". 3. Follow-up Info on Conditional Use Permit at First and Lincoln Council reviewed a memorandum from Manager Flodstrom regarding Gull Oil's improvements on the corner of First and Lincoln. As this was an informa- tional item no action was taken. 4. Planning Commission Minutes of June 8, 1983 A. Conditional Use Permit - Angeles Millwork Mayor Duncan reviewed Angeles Millwork's application for a Conditional Use Permit to use a building to be constructed at 1601 South "c" Street for lumber storage. Council discussed with staff and the applicant the con- struction plans for the building and Councilman Hordyk moved the Council concur with the Planning commission recommendation to approve Angeles Millwork's application for a Conditional Use Permit, citing the following findings of fact: (1) the storage building will lessen fire danger, (2) it will be a visual improvement and provide security, (3) it is a needed use in this area of the City, (4) since it is an existing use, the building will reduce negative impacts on nearby properties. Councilman Gerberding seconded and noted the special conditions existing in this particular case, thereby qualifying this decision as non-precedent setting. After further discussion the motion carried with Councilman Whidden voting "No". ,.-,...~ ":tv I 458 CITY COUNCIL MEETING June 21, 1983 E. Conditional Use Permit Application - Brown Councilman Hordyk moved the Council concur with the Planning Commission recommendation to approve the Brown Conditional Use Permit application to establish a bookkeeping service as a home occupation at 622 South Valley Street, citing the following findings of fact: (1) The Home Occupation will not result in the generation of excessive noise, fumes, smoke, dust or introduce adverse conditions into this residential neighborhood, (2) it will not increase traffic over that normally experienced on Valley Street, (3) the Home Occupation will not be injurious to the adjoining properties I or endanger the public health, safety and welfare, and it is in the interests of the general public. Councilman Whidden seconded and the motion carried. C. Rezone Hearing - Lindberg/Hartman Councilman Quast moved the Council schedule a public hearing for July 5, 1983 for consideration of the Lindberg/Hartman request to rezone 42,000 square feet from CAD to RMF on the south side of Front Street, west of Peabody Street. Councilman Whidden seconded and the motion carried. D. Conditional Use Application - Morgan/Sinnes Mayor Duncan reviewed the Morgan/Sinnes application for a Conditional Use Permit to operate a retail stand for the sale of prepared seafoods and soft drinks at 131 East Railroad Avenue. Council discussed the application at length and the Council concurred to schedule a special meeting on Tuesday, June 28, 1983 with the Planning Commission to review standards and operat- ing conditions for miscellaneous types of temporary or mobile commercial vendors operating in or along the public way. Councilman Hordyk moved the Council table further consideration of this Conditional Use Permit pending the special meeting and public hearing to be held on the matter. Council- man Gerberding seconded and the motion carried. It was noted the Planning Commission vote on the Interpretation - Lumber I Storage in the CSD-Cl District was 5 - 2 with Mr. Cornell and Mr. Holm representing the dissenting votes. Councilman Hordyk moved the Council accept and place on file as amended the Planning Commission minutes of June 8, 1983. Councilman Whidden seconded and the motion carried. 5. Police Pursuit Policy Tony Wishik, 219 West Park, Port Angeles, addressed the Council regarding a police pursuit occurring on Friday, May 27, 1983 and requested the City (1) determine if correct police pursuit policies were used in the May 27, 1983 pursuit, and (2) implement a more specific policy regarding police pursuits. The Council concurred to refer the matter to Manager Flodstrom to review the material presented by Mr. wishik and determine if improvements can be made to the Port Angeles Police Department's pursuit policies. 6. Sewer Utility Rates Council had previously considered an increase in the sewer utility rates at the June 7, 1983 Council meeting. Mayor Duncan reviewed a memorandum from Finance Director Orton regarding additional information on the Sewer rate increase and read Ordinance No. 2258 by title, entitled ORDINANCE NO. 2258 AN ORDNANCE of the City of Port Angeles establishing rates for sewer service, and amending Sections 2(a) and (b) of Ordinance 1548, and Sections 3(a) and (b) of Ordinance 2019. I Councilman Gerberding moved the Council adopt the foregoing ordinance as read by title and Councilman Quast seconded. On call for the question, Councilmen Gerberding, Quast and Whidden voted "Aye" and Councilmen Haguewood, Hordyk and Polhamus voted "No". Mayor Duncan, voting to break the tie, voted in favor of the motion. I I I CITY COUNCIL MEETING June 21, 1983 7. Fair Toll Coalition - Request for funds to support legal efforts Councilman Quast reviewed the legal efforts taken by the Fair Toll Coalition in support of obtaining fair tolls for the Hood Canal Eridge and then moved the Council appropriate $2,000 in support of those efforts. Councilman Gerberding seconded and the motion carried. Councilman Whidden then moved the Council designate Manager Flodstrom as the alternate to Councilman Quast as representative on the Fair Toll Coalition. Councilman Quast seconded and the motion carried. 8. Intersection Improvement at Boulevard and Race Streets - Right- of-Way Acquisition - Cotten Mayor Duncan read a memorandum from Public Works Director Pittis regarding right-of-way acquisition at Lauridsen Boulevard and Race Street as the initial step in improving the intersection to increase the sight distance and reduce the potential for traffic accidents at this corner. Councilman Hordyk moved the Council authorize funding in the amount of $4,500 to finalize negotiations for right-of-way acquisition at the corner of Lauridsen Boulevard and Race Street. Councilman Quast seconded and complimented Office Engineer Ridout for his fine job in negotiating the acquisition. On call for the question the motion carried. 9. Non-Firm Power Purchase and Sales Agreement Amendments Mayor Duncan reviewed a memorandum from Power Manager Booth regarding a proposal to extend the City's non-firm energy purchase contract with BPA from June 30, 1983 to October 31, 1983 and the City's contract with Crown Zellerbach for sale of that power for the same time period. Councilman Hordyk moved the Council authorize the Mayor to execute the attached con- tract amendments. Councilman Gerberding seconded and the motion carried. Mayor Duncan then read Resolution No. 13-83 by title, entitled RESOLUTION NO. 13-83 A RESOLUTION of the City of Port Angeles authorizing the Mayor and City Clerk to execute a letter amendment, dated June 21, 1983 to contract No. DE-MS79-838Pl126 between the City of Port Angeles and the United States Department of Energy, Bonneville Power Administration. Councilman Quast moved the Council adopt the foregoing resolutionas read by title. Councilman Hordyk seconded and the motion carried. 10. Discussion of Supreme Court Decision re: WPPSS Attorney Miller reviewed with the Council the Chemical Bank v. WPPSS Supreme Court Opinion filed June 15, 1983 that the City of Port Angeles did not have the authority to sign the WPPSS 4 and 5 contracts in 1976, thereby rendering the participants' contracts null and void. He indicated this opinion changes the focus of the litigation in the WPPSS issue, noting that many will now be looking for a means to obligate the participants, i.e., the City of Port Angeles. He requested further instruction from Council regarding (1) the WPPSS 4 and 5 payment due the 25th of June (previous payments have been paid to a WPPSS 4 and 5 escrow account), (2) recovery of the monies the City has paid into the WPPSS 4 and 5 escrow account, and (3) if the City should consider an adjustment to the existing power rates. Councilman Cuast moved the Council (1) authorize the discontinuance of the monthly payments for the WPPSS 4 and 5 plants, (2) instruct staff to authorize Riddell, Williams, Bullitt and Walkinshaw to recover City of Port Angeles funds paid. into the WPPSS 4 and 5 escrow account, (3) instruct the City Attorney and Riddell, Williams to proceed with recovery of the bridge loan made to WPPSS. Councilman Whidden seconded. On call for the question, the motion carried. After further discussion regarding the WPPSS issue, Councilman Haguewood moved the Council reduce the electric rates of the City of Port Angeles by the amount of the increase that was due to WPPSS 4 and 5. Councilman Hordyk seconded. Councilman Quast suggested the Council consider retaining the funds in an internal escrow account pending the 459 y 460 CITY COUNCIL MEETING June 21, 1983 i outcome of ensuing litigation which may occur as a result of this decision; noting the City of Port Angeles may not yet be totally absolved of obliga- tions in this matter. Council and Attorney Miller further discussed the matter, with Attorney Miller recommending the City should not at this time roll back the rates until such time as the Supreme Court decision becomes final, nor immediately stop its present involvement in the existing WPPSS litigation. After further discussion, Councilman Quast moved the motion be tabled pending further consideration by the Utility Advisory Committee meeting of this matter. Councilman Whidden seconded and on call for the question, the motion carried with Councilmen Quast, Whidden and Gerberding voting "Aye" and Councilmen Haguewood, Hordyk and Polhamus voting "No". Mayor Duncan, voting to break the tie, voted in favor of the motion to table. A Utility Advisory Committee meeting was scheduled for Monday, July 18, 1983 at 5:00 P.M. 'I 11. Switchboard - Extending Contract for Operation Mayor Duncan summarized a memorandum from Finance Director Orton regarding extension of the switchboard contract. Councilman Hordyk moved the Council authorize the City Manager to execute a contract extension for the switch- board contract from July 1 through December 31, 19B3. Councilman Whidden seconded and the motion carried. 12. Park Board Recommendation on Hiring a Director of Parks and Recreation Mayor Duncan reviewed a memorandum from the Parks, Recreation and Beautifica- tion Commission regarding filling the position of Parks and Recreation Director, and Councilman Quast moved the Council authorize the City Manager to advertise state-wide for the position of Director of Parks and Recreation. Councilman Whidden seconded and the motion carried. 13. Sidewalk Obstruction Permit - Lower Elwha Summer Youth Employment Program Councilman Hordyk moved the Council table this item until the special meet- II ing to be held June 2B, 1983 as discussed under agenda item #4. Councilman Gerberding seconded and the motion carried. 14. Request from Ruddell Auto Dealers to Use Street Right-of-Way Mayor Duncan read a request from Donald Dundon, Ruddell Auto Dealers, for permission to display a vehicle on City right-of-way adjacent to their business. Councilman Quast moved this item be referred to the Parks, Recreation and Beautification Commission and Councilman Whidden seconded. Councilman Hordyk noted the Council had previously denied such requests in the past. On call for the question the motion failed, with Councilmen Quast and Whidden voting "Aye". Councilman Hordyk then moved the Council deny the request of Ruddell Auto Dealers to park a display vehicle on City right-of-way. Councilman Gerberding seconded and the motion carried with Councilmen Quast and Whidden voting "No". 15. Seminars & Promotions Northwest - Request for Street Closure Mayor Duncan summarized a letter from Seminars & Promotions Northwest requesting permission from the Council to close Chase Street, between 4th and 5th, and 4th Street, beginning at Chase and east to Peabody, for use during the 1983 Olympic Peninsula Outdoorsman and Travel Show to be held August 6 and 7, 1983 in the Vern Burton Memorial Gym. Councilman Hordyk moved the Council authorize the closure of Chase Street, between 4th and I 5th Streets only, as 4th Street is a main arterial through the area. , Councilman Quast seconded and the motion carried. l6. Arts-In-Action - Request for Street Closure Mayor Duncan read a letter from Joe Denhart, Chairman, Angeles Arts-In- Action, requesting the closure of Laurel Street on July 16 and 17 for the 17th Annual Art Show. Councilman Quast moved this request be approved. Councilman Whidden seconded and the motion carried. I CITY COUNCIL MEETING June 21, 1983 17. Offer to sell property to City lB. Request to purchase City property Councilman Haguewood moved Agenda Items 17 and 18 be referred to the Real Estate Committee for their recommendation. Councilman Gerberding seconded and the motion carried. The Real Estate Committee will meet later in July. 19. Lincoln Park Recommendation Clallam County Heritage Advisory Board Mayor Duncan reviewed a letter from the Clallam County Heritage Advisory Board recommending improvements to securing the cabins at Lincoln Park. Councilman Gerberding moved this recommendation be referred to the parks, Recreation and Beautification Commission for their consideration. Council- man Polhamus seconded and the motion carried. 20. EDC - Convention Center/Hospitality Industry I Bob Levin, Economic Development Council Director, updated the Council on the status of the marketing of a proposal from the private sector for con- struction of a convention center, which the Council authorized AprilS, 1983, and committed hotel/motel tax funds for a period of ninety days. Mr. Levin requested an extension of ninety days to further market the proposal. After Council discussion of the request, Councilman Quast moved the Council authorize EDC an extension of time for marketing the proposal to August 14, 19B3; but, to at this time reduce the amount of hotel/motel tax funds for the project by (1) $1,000 for the canvas cover at the Civic Pier and (2) $4,000 to retain the Port Angeles High School band to conduct live concerts on the Civic Pier this summer. Councilman Gerberding seconded. Council discussed the motion at length and on call for the question the motion carried. Councilman Quast then moved the Council instruct staff to update the engineering plans for the restoration of the roof at the Vern Eurton Memorial Gym, and to provide engineering estimates to the Council at the August 14, 1983 meeting. Councilman Gerberding seconded and the motion carried. 21. Selection of Parks, Recreation and Beautification commission Member The Council had interviewed candidates for Parks, Recreation and Eeautifica- tion Commission member at the 6:30 P.M. special meeting. Council proceeded with balloting for a Commission member and Carole Boardman, receiving the majority vote, was selected as the new Parks, Recreation and Beautification member to fill the unexpired term of Don Hodges. 22. WSU - Harbor Use Study Mayor Duncan reported to the Council on a proposal from Washington State University to conduct a free Harbor Use Study for Port Angeles. Councilman Whidden moved the Council authorize Washington State University to conduct a Harbor Use Study for Port Angeles. Councilman Quast seconded and the motion carried. Mayor Duncan also had drafted a letter to NOAA which asks NOAA to consider the Port Angeles Harbor when planning home base ports for their vessels. Councilman Gerberding moved the Council authorize the Mayor to send this letter. Councilman Whidden seconded and the motion carried. VIII LATE ITEMS I 1. 19B3 Soap Box Derby - Closure of "E" Street from 6th to 8th. Manager Flodstrom relayed a request for the closure of "E" Street from 6th to 8th Street for the 1983 Soap Box Derby. Councilman Polhamus moved the Council authorize the closure of "E" Street as requested and Councilman Gerberding seconded. Councilman Hordyk requested those residents in the area be notified of the closure. On call for the question the motion carried. ,4 ~1 <XV~ 462 CITY COUNCIL MEETING June 21, 1983 IX ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA y A citizen of Port Angeles requested that when the Council considers the rate reduction for WPPSS 4 and 5 they also consider a rate rollback with interest. Councilman Gerberding commented on the appropriateness of advertisements placed by City Light. He also noted the 8th Street mini-mart extension of the building to the gas pumps may represent a fire hazard and requested the Fire Department look into the matter. The Council discussed at length the distribution of brochures for Port Angeles and vicinity on the Washington State Ferries, COHO Ferry, etc. Councilman Polhamus reported to the Council on the AWC Convention he, MayGr- SuReen, Councilman Haguewood and Manager Flodstrom attended. X ADJOURNMENT Mayor Duncan adjourned the meeting at 10:30 P.M. ~~&.~ City Clerk J _~ ~ I I .1 463 I I :1. 464 I I I 4CS I I I 466 I I II 467 I I I 468 I I I I ,I r-" "r v .J I' I I I 470 I 'I ~I