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HomeMy WebLinkAboutMinutes 07/07/1983 I I I CITY COUNCIL MEETING Port Angeles, Washington June 7, 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: Acting Manager Orton, Attorney Miller, Deputy Clerk Lannoye, P. Carr, M. Cleland, L. Cosens, L. Glenn, J. Pittis, R. French, M. Campbell, C. Rinehart, s. Hardy. Public Present: L. MCArthur, S. Fahnestock, G. Mills, D. Wright, J. Fairshter, L. wolfley. III MINUTES Councilman Gerberding moved the Council accept and place on file as received the minutes of the May 17, 1983 meeting and the May 24, 1983 work session. Councilman Whidden seconded and the motion carried. IV CONSENT AGENDA Councilman Polhamus moved the Council accept the items listed under the Consent Agenda including: 1) permission to call for bids for Emergency Radio Frequency Modifications; 2) payment No. 9 to United Western Construc- tion on Phase II, Downtown Improvement Project; 3) correspondence from Washington State Liquor Control Board; 4) vouchers of $1,114,589.92; and 5) payroll of $189,657.65. Councilman Hordyk seconded. Council requested additional information from staff regarding the voucher list and on call for the question, the motion carried. V FINANCE 1. Arterial Street Light Conversion Bid Award Mayor Duncan reviewed a memorandum from the Light Department regarding the bid award for the arterial street light conversion project. Councilman Quast moved the Council concur with the Light Department's recommendation to accept and award the low bid of Tyee Construction Company of Kirkland, Washington, for $5,026.71, including tax, and authorize the Mayor to execute a contract with Tyee Construction Company for the arterial street light conversion project. Councilman Whidden seconded and after further discussion, the motion carried. 2. Payment to Riddell, Williams for services on Utility Defense Group - WPPSS Councilman Quast moved the Council authorize payment of $7,164.76 to Riddell, Williams, Bullitt & Walkinshaw for services on the Utility Defense Group and Councilman Gerberding seconded. Councilman Hordyk requested an itemized breakdown of the billings from Attorney Miller. Councilman Haguewood voiced his opposition to retaining the law firm and noted the large sums of money accorded to the legal defense of the WPPSS lawsuits. At the request of Councilman Quast, Attorney Miller reviewed the favorable decisions afforded the Utility Defense Group members in current WPPSS litigation. Upon further Council discussion, the motion carried with Councilman Haguewood voting "No". 3. Bid Award for Garbage Truck and Packer Councilman Quast moved the Council concur with Finance Director Orton's recommendation to accept and award the low bid of General Equipment Company 449 x 450 CITY COUNCIL MEETING June 7, 1983 for the Leach "Packmaster" packer body in the amount of $25,300, excluding tax, as the lowest overall bid meeting all specifications. Councilman Gerberding seconded and after discussion, the motion carried. Councilman Polhamus then moved the Council concur with Finance Director Orton's recommendation to accept and award the low bid of Birdwell Ford for a Ford Model C-8000 at a price of $36,762.99, excluding sales tax, as the lowest overall bidder meeting all specifications. Councilman Whidden seconded and the motion carried. Manager Flodstrom entered the meeting room at this time. I VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Tony Wishik, 219 West Park, Port Angeles, requested the Council investigate a police pursuit occurring on Friday, May 27, 1983. Councilman Haguewood moved the Council place this on the June 21, 1983 agenda for consideration at that time to allow for a complete investigation of the matter. Council- man Gerberding seconded and the motion carried. ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA Councilman Quast requested the Utility Advisory Committee's recommendation on settlement of the Mattson account be placed as Agenda Item #11. VII LEGISLATION 1. Public Hearings A. Hartnagel Building Supply Rezone Request - 819-833 East Front Street Mayor Duncan opened the public hearing on Hartnagel Building Supply's Rezone Request to reclassify property located at 819 - 833 East Front Street from CAD-R to CAD and requested comments or questions from the I audience. Upon receiving the proper permits and approval from the Council, Hartnagel is proposing to locate a lumber yard at this site. Donald Wright, 812 Georgiana Street, Port Angeles, expressed concern for heavy use of the alley seen occurring as a result of the rezone. Dr. J. Fairshter, office located at Front and Francis, also expressed concern for use of the alley and requested a buffer be required around the proposed lumber yard. Gerald Mills, owner of Hartnagel Building Supply, indicated the alley will not be heavily utilized as trucks could enter and exit from Front Street. Mayor Duncan read written comment from Merle Fryer, owner of property at 826 East Front, indicating his opposition to locating a lumber yard on the corner. There being no further comments, Mayor Duncan closed the public hearing. Mayor Duncan reviewed a memorandum from the Planning Department and Council diScussed at length with staff the historical basis and purposes of the CAD-R zone as provision for a buffer between the commercial and residential zones occurring between Front and Georgiana Streets. Planner Carr noted to obtain approval for the lumber yard the lots need first be zoned CAD. It would then be necessary to apply for and have approved a Conditional Use Permit. Councilmembers Quast and Gerberding expressed concern for perma- nently removing the protection of the CAD-R zoning classification from this location. After further discussion, Mayor Duncan read Ordinance No. 2256 by title, entitled ORDINANCE NO. 2256 I AN ORDINANCE of the City of Port Angeles reclassifying property located at 819 - 833 East Front Street from CAD-R to CAD. Councilman Hordyk moved the Council concur with the recommendation of the Planning Commission to approve the Hartnagel request to rezone property located at 819-833 East Front Street from CAD-R to CAD and adopt Ordinance No. 2256 as read by title. Councilman Quast seconded. Councilman Hordyk then moved the motion be amended to add a condition that the entire area I I I 451 CITY COUNCIL MEETING June 7, 1983 bordering the alley and the west side of the property be fenced to provide a buffer. The motion to amend died for lack of a second. It was noted this could be addressed in the Conditional Use Permit process. On call for the question to approve the rezone request the motion carried with Council- men Gerberding and Polhamus voting "No". B. Mather Rezone Request - 835 East Georgiana Mayor Duncan opened the public hearing on the Mather request to rezone property at 835 East Georgiana Street from RS-7 to OC and requested comments or questions from the audience. There being no comments, Mayor Duncan closed the public hearing and read the following Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles reclassifying property at 835 East Georgiana Street from RS-7 to OC. Councilman Quast noted the need for planned OC zoning near the hospital and indicated though not opposed to this particular rezone he would, as in the past, vote against this request as with any lot-by-lot request for rezone in the area. Councilman Haguewood then moved the Council concur with the recommendation of the Planning Commission and approve the ordinance grant- ing the rezone. Councilman Hordyk seconded. Upon Council discussing the request and OC zoning near the Hospital, Councilman Quast moved Council table further consideration of the motion for further study, as they had just received the Planning Department Report at tonight's meeting. Council- man Hordyk seconded and the motion to table carried. 2. Planning Commission Minutes - May 25, 1983 Mayor Duncan reviewed the Planning Commission Minutes of May 25, 19B3 with the following action being taken by the Council: A. Conditional Use Hearing - Putrow Council discussed with staff and Mr. Putrow his application for a Conditional Use Permit to operate a retail stand on the north side of Railroad Avenue, west of Lincoln Street. Mr. Putrow indicated his lease for the site with the Port of Port Angeles was subject to termination should the Port deter- mine they needed the site for other development. Concern was expressed that the proposed use would create an appearance that was not compatible with the Downtown image and could create a proliferation of such uses. Councilman Polhamus moved the Council concur with the Planning Commission recommendation to approve the Putrow Conditional Use Permit subject to the following conditions: (1) That a fire extinguisher be installed and other protective measures taken in accordance with the requirements of the Uniform Fire Code; (2) that the retail stand and trash receptacles be set adjacent to the sidewalk; (3) that skirting be installed and the hitch be camouflaged; (4) that applicant be responsible for litter control in the vicinity of the stand, up to 50 feet. Councilman Polhamus also cited the following findings of fact: (A) The retail stand does not pose a fire hazard or a burden on local utilities and streets; (B) the retail stand reinforces the evolving tourist nature of Railroad Avenue and the pedes- trian orientation of the CBD; (C) located in the Central Business District, the stand complies with the Comprehensive Plan and Zoning Ordinance; (D) the specific location, including the additional width of the sidewalk, the nearby benches, and the restricted nature of the Railroad Avenue/Lincoln Street intersection constitute unique circumstances not found in all Downtown locations. Councilman Quast seconded. Councilman Gerberding noted that though he also has concerns for a proliferation of such uses in the Downtown area, he was amenable to approving this permit due to the trial nature of the proposed business. On call for the question, the motion carried with Councilmen Hordyk and Whidden voting "No". Councilman Haguewood abstained. Mayor Duncan noted Mr. Hulett was elected Chairman and Mr. Cornell vice- Chairman to the Planning Commission. 452 CITY COUNCIL MEETING June 7, 1983 Councilman Hordyk then moved the Council accept and place on file as received the Planning Commission minutes of May 25, 1983. Councilman Whidden seconded and the motion carried. 3. Sidewalk Obstruction Permit Consideration A. Sweets & Treats - Marvin Fowler Mayor Duncan reviewed a memorandum from Public Works Director Pittis regarding Marvin Fowler's application for a sidewalk obstruction permit to I place two tables with umbrellas on the sidewalk outside his business at 108 East First Street. Councilman Quast moved the Council approve this side- walk obstruction permit as per the application. Councilman Gerberding seconded and the motion carried with Councilman Haguewood abstaining. B. Ron Gardner - Operate Push Carts in Downtown Area Mayor Duncan reviewed a memorandum from Public Works Director Pittis re- garding Ron Gardner's application for a sidewalk obstruction permit to operate push carts in the Downtown area. It was noted that Planner Carr expressed concern for the proliferation of such uses and suggested some caution be exercised with possibly a study of the uses being appropriate. Public Works Director Pittis also noted the push carts will obstruct City sidewalks when in use. Council discussed at length with staff and Mr. Gardner his plans for operating push carts in the Downtown area. Council- man Hordyk moved the Council approve Mr. Gardner's application for a side- walk obstruction permit for a period of one year, subject to review by the Council. On call for the question the motion carried with Councilman Gerberding voting "No" and Councilmen Haguewood and Whidden abstaining. 4. 6-Year Comprehensive Street Program - Public Hearing Scheduled June 21, 1983 Mayor Duncan read Resolution No. 11-83 by title, entitled RESOLUTION NO. 11-83 I A RESOLUTION of the City of Port Angeles setting a public hearing date for review of its Six Year Comprehensive Street Program. Councilman Hordyk moved the Council adopt the resolution as read by title, Councilman Gerberding seconded and the motion carried. 5. Institutional Buildings Conservation Program Mayor Duncan reviewed a memorandum from Light Director Cosens detailing the Institutional Building Conservation Program and recommending the Council authorize execution of a Technical Assistance Study with the Washington State Energy Office for the purpose of completing a Conservation Engineer- ing Study on the William shore Memorial Pool, and, furthermore, direct staff to continue a course which will, if necessary, effect the completion of energy conservation measures for the pool facility. Sheila Hardy, Light Department Energy Analyst, addressed the Council regarding the program and Councilman Hordyk expressed concern for the City's commitment to funding for the program and BPA's involvement in the conservation program currently financed through the electric rate structure. Manager Flodstrom noted the $2,500 to be expended for the conservation measures is approximately 2~% of the annual energy costs for operation of the pool facility. Councilman I Gerberding spoke in favor of the proposal and Councilman Quast moved the ._ Council authorize the Mayor to execute the agreement with WSEO for the . Technical Assistance Study. Councilman Whidden seconded and the motion carried. 6. Follow-up Info. on Conditional Use Permit at Pirst and Lincoln At the May 17, 1983 Council meeting, Council requested staff ascertain from the minutes and tape of the August l7, 1982 Council meeting if Council granted approval of the Conditional Use Permit for First and Lincoln Streets with the understanding that five lots were involved. Inasmuch as I I I CITY COUNCIL MEETING June 7, 1983 the motion approving the Conditional Use Permit was to concur with the recommendation of the Planning Commission, Council requested staff to poll the Planning Commission to ascertain their understanding of the matter as well as provide Council with a copy of the original Conditional Use Permit application. Councilman Haguewood moved the item be tabled at this time. Councilman Hordyk seconded and the motion carried. 6. Water/Sewer Combined Utility Financial Status Mayor Duncan read a memorandum from Public Works Director Pittis reporting an accumulated 1983 net loss of $122,012.72 for the Water/Sewer Utility resulting from an operating revenue and expenditure imbalance. The matter was brought before the Utility Advisory Committee which suggested Council consider raising the sewer rates and authorize a Water/Sewer Cost of Ser- vice Study. Councilman Polhamus moved the Council authorize the commission- ing of a consultant to prepare the Water/Sewer Cost of Service Study for an amount not to exceed $5,000; but to withhold a decision on a rate increase pending completion of the study. Councilman Haguewood seconded. councilman Hordyk noted he was unable to attend the UAC meeting when this item was considered/ On call for the question, the motion carried with Councilmen Quast and Gerberding voting "No". Councilmen Quast and Gerberding then pointed out the negative cash flow occurring in the Water/Sewer Utility and after further discussion, Councilman Gerberding moved the Council at this time authorize raising the residential sewer rate from the current $4.20 per month to $6 per month and the commercial and industrial accounts by a similar percentage as soon as possible, as well as commission a Water/Sewer Cost of Service Study as recommended by the Utility Advisory Committee. Councilman Quast seconded and after further discussion Councilmen Quast, Gerberding 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 to alleviate the deficit currently occurring in the Water/ Sewer Utility. 8. Appointing Delegates for State Association of Washington Cities Conference Councilman Quast moved the Council appoint Mayor Duncan, Councilman Haguewood and Councilman Polhamus as voting delegates for the State Association of Washington Cities conference to be held June 17, 1983. Councilman Whidden seconded and the motion carried. 9. Salary Ordinance and Labor Contract - IBEW Local 997 Mayor Duncan read a memorandum from Manager Flodstrom regarding settlement of the 1983-l984 IBEW Local 997 Labor Contract and then read Ordinance No. 2257 by title, entitled ORDINANCE NO. 2257 AN ORDINANCE of the City of Port Angeles, establishing a pay plan for the employees represented by IBEW Local 997 in the Light Department and the Equipment Rental Division of the Administrative Services Department for the period of April 1, 1983, through March 31, 1984, and providing for the payment thereof. Councilman Quast moved the Council adopt the foregoing Ordinance as read by title and Councilman Whidden seconded. Councilman Quast complimented Manager Flodstrom and IBEW Representative Rick O'Connor on the settlement, and on call for the question the motion carried. 10. Fire Service Line Construction - Agreement with Clallam County Fair Association Mayor Duncan read a memorandum from Public Works Director Pittis concerning an agreement between the City of Port Angeles and the Clallam County Fair Association for construction of a fire service line from their new building to the existing City main. Councilman Quast moved the Council authorize the Mayor to execute the agreement with the Clallam County Fair Association. Councilman Hordyk seconded and the motion carried. 453 454 CITY COUNCIL MEETING June 7, 1983 11. Utility Advisory committee Letter Regarding Settlement of the George Mattson Utility Account Council discussed with Manager Flodstrom the settlement of the George Mattson solid waste utility account. Councilman Quast moved the Council concur with the UAC recommendation in settlement of this matter. Council- man Gerberding seconded and the motion carried. VIII LATE ITEMS UAC Meeting The Council scheduled a Utility Advisory COIllll\ittee meeting for June 9, 1983, 5:00 PM, in the City Light Conference Room. IX ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA Special Olympics Councilman Gerberding commended those citizens of Port Angeles participating in the Special Olympics. P. A. Volunteer Firemen Councilman Hordyk noted a former member of the Port Angeles Volunteer Fire- men had saved a woman's life in Seattle and had received press coverage for the rescue. Civic Pier Councilman Whidden noted commercial vessels have occasionally been docked at the Civic Pier. Council Travel Expenses Councilman Whidden requested clarification on the Council's policy for Council out-of-state travel and then moved the Council establish a policy that Councilmembers receive approval from the Mayor for all travel to exceed a cost of $lOO. Councilman Quast seconded and after further discus- sion the motion failed, with Councilmen Gerberding, Hordyk, Haguewood and Polhamus voting "No". EDC Report Mayor Duncan indicated the Economic Development Council prospectus for development of the Convention Center is available for review should anyone be interested. Eighth and Lincoln Deli Councilman Quast inquired if the deli at Eighth and Lincoln is in compliance with the parking requirements; and thanked the Parks Department for the recent installation of the trees downtown. City Hall Switchboard Councilman Polhamus requested phone calls to City Hall be returned sooner if possible. First and Lincoln Conditional Use Permit - Gull Oil Lane Wolfley, local counsel for Gull Oil, questioned if the building permit for First and Lincoln may be issued. Council instructed staff to withhold issuance of the building permit pending a decision on the Conditional Use Permit to be considered at the June 21, 1983 meeting. In response to Attorney Miller, Mr. Wolfley indicated Gull Oil is not in danger of losing contractors or financing for the project due to non-issuance of the building permit at this time. I I I I I I X ADJOURN TO EXECUTIVE SESSION CITY COUNCIL MEETING June 7, 1983 Mayor Duncan adjourned the meeting to an executive session at 9:40 P.M. XI RETURN TO OPEN SESSION AND ADJOURNMENT The meeting returned to open session and adjourned at approximately 10:20 P.M. ~""~-d~ e,~~ City Clerk ~ .~ ~. 455