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HomeMy WebLinkAboutMinutes 07/16/1985 374 CITY COUNCIL MEETING Port Angeles, Washington July 16, 1985 I CALL TO ORDER Mayor Whidden called the meeting to order at 7:01 P.M. II ROLL CALL III Members Present: Mayor Whidden, Councilmen Gerberding, Haguewood, Hordyk', Schermer, Stamon. Members Absent: Councilman Quast. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson, P. Carr, M. Cleland, R. Saville, J. Marsh, L. Glenn, J. Pittis, R. Orton, A. Rose, G. Booth. Public Present: L. Sunny, J. Hallett, D. Vautier, S. Fahnestock, J. Fairchild, J. Jones, M. Witherow, G. Witherow. III MINUTES councilman Hordyk moved the Council accept and place on file as received the minutes of the July 1, 1985, meeting. The motion was seconded by Councilman Gerberding and carried. IV CONSENT AGENDA Councilman Hordyk moved the Council accept the items listed under the Consent Agenda, including (1) A request for payment to CH2M Hill of $407.53 for final EIS on DelHur Westside Annexation; (2) A request for progress I payment to Hoch Construction for the Fire Hall addition in the amount of $22,911.40; (3) Correspondence from the Washington State Liquor Control Board: and (4) Vouchers of $1,012,675.89 and payroll of $213,244.66. The motion was seconded by Councilman Gerberding and carried. V FINANCE 1. Award of 1,000 KVA Transformer Bid Councilman Hordyk moved the Council concur with the recommendation of the Light Department and accept the lowest evaluated bid of Utility Supply of Tacoma for the 1,000 KVA transformer, with a total bid price of $lS,024.09 including tax. The motion was seconded by Councilman Gerberding and carried. 2. Payment to Riddell, Williams Councilman Schermer moved the Council authorize payment to Riddell, Williams for the July 1, 1985, bill in the amount of $9,243.72 for legal representation on the WPPSS issues. The motion was seconded by Councilman Stamon and carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. I ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA None. VII LEGISLATION 1. William Shore Pool Project: A. Rud Art Rud, 1419 West 16th Street, addressed the Council regarding the beam project at the William Shore Memorial Pool. Mr. Rud expressed his concern about the highly technical nature of the project and questioned Councilmen Gerberding, Hordyk, Haguewood and Stamon about past projects of this type I I I CITY COUNCIL MEETING July 16, 1985 done by City crews. Mayor Whidden and Councilman Hordyk stated their utmost confidence in the ability of the City crews, and suggested Mr. Rud put his questions about the project in written form so they could be better addressed by the Council and Staff. Mr. Rud then proceeded to question City Engineer Andy Rose regarding the two engineering reports received by the City, and the differing methods of repair suggested in those reports. Mr. Rud also distributed a packet containing specific RCWs pertaining to work done by cities (the amount of wh~ch cannot exceed $15,000 for materials, supplies and equipment, unless the work is considered ordinary maintenance). The presentation concluded with Mr. Rud requesting a Council sub-committee to investigate the method in which the pool project was handled, with a report of their findings. Following a brief statement from Attorney Knutson regarding the exemption of maintenance work from the statutory requirements, Mayor Whidden repeated his suggestion to Mr. Rud to put his concerns in written form to the Council so they can be answered to his satisfaction. 2. Public Hearing: Creation of PBIA Mayor Whidden referred to a memo from Attorney Knutson regarding an amendment to Resolution #15-85 which would enlarge the purposes to which the assessments from the proposed PBIA may be applied (Le., authorizing additional uses of decoration of public places, promotion of public events on/in the area; furnishing of music in the area; and providing professional management, planning and promotion for the area). Attorney Knutson then suggested the Council proceed with the public hearing at this meeting, without passing the proposed Resolution; however, if the Council determines that passage of the proposed Ordinance is appropriate, then the Ordinance can be adopted and a second letter could be sent to all of the Downtown business owners, attaching a copy of the Ordinance as adopted and informing them of all the uses to which a PBIA would be put. The business owners would then have an opportunity to respond with any protests they may have. Attorney Knutson also suggested the effective date of the proposed Ordinance be changed to August 21st so that the second letter could be sent out and responses received. Mayor Whidden then opened the public hearing on the - creation of a Downtown Parking and Business Improvement Area (PBIA). Dennis Holman, representing the Port Angeles Downtown Association, pre- sented the Council with additional petition signatures supporting the proposed PBIA (the original petition was submitted at the June 18th meeting). Mr. Holman briefly explained the purpose of the proposed PBIA, and noted that 66.1% of the Downtown business owners favored the creation of a Parking and Business Improvement Area as an equitable way to share the cost of maintaining Downtown parking and promoting the Downtown business area. Dave Brewer, Angeles Music, also spoke in favor of the proposed PBIA, pointing out that this proposal offered a steady source of income necessary for proper planning of the Downtown Area. Mayor Whidden then read into the record a letter from the Clallam County Chapter of the Red Cross, requesting they be exempt from the PBIA assess- ment as they are a charitable, non-profit organization. There were no further comments and the public hearing was closed. Mayor Whidden then introduced and read by title Ordinance No. 2351, entitled: ORDINANCE NO. 2351 AN ORDINANCE of the City of Port Angeles establishing a Parking and Business Improvement Area. Councilman Hordyk moved the Council adopt the foregoing Ordinance as read by title by Mayor Whidden, with the effective date being amended to August 21, 1985. The motion was seconded by Councilman Gerberding and carried. 375 376 CITY COUNCIL MEETING July l6, 1985 3. Planning Commission Minutes - July lO, 1985 A. Conditional Use Permit - Witherow Councilman Hordyk moved the Council concur with the recommendation of the Planning Commission to extend for two years the Witherows' Conditional Use Permit, allowing a bed and breakfast establishment as a Home Occupation at 318 North Eunice Street, subject to the original conditions. The motion was seconded by Councilman Stamon and carried. B. Shoreline Management Permit - peninsula Plywood Councilman Schermer moved the Council concur with the recommendation of the Planning Commission to approve a request for a Shoreline Permit allowing maintenance replacement and shortening of the existing dock, located on Ediz Hook, west of the Air Station, with the condition that the old dock be removed, except for the innermost row of pilings if they are used for anchoring log booms, with the following findings of fact: (1) The dock is associated with a water-oriented use which does not conflict with General Regulation C.l and Land Use Element l.a; (2) The site is already developed and committed to industrial development and the dock is an upgrading of an existing facility, reducing adverse impacts of intensive development on undeveloped shorelines, in conformance with General Regulations C.1 and 4; (3) The development has short-term and non-Significant impacts on the natural beach, intertidal zone, and fish and shellfish habitats. There- fore, it complies with Natural Systems Policy E.l.a; (4) Minimum alteration of the natural characteristics of Shorelines of State-Wide Significance will occur, in compliance with General Regulation C.5; (5) Physical and visual access to the shoreline will not be further reduced by the proposed development, as encouraged by Use Activities Policy F.8.a and General Regu- lation C.2; (6) The location and design of the dock is compatible with Use Activities Policy F.17. The motion was seconded by Councilman Gerberding and carried. C. Conditional Use Permit - Alan and Jan Hare Councilman Schermer moved the Council concur with the recommendation of the Planning Commission to approve a Conditional Use Permit which would allow a bed and breakfast establishment at 90 Lindberg Road, subject to the follow- ing conditions: (1) A sign no larger than one square foot may be mounted at the driveway entrance containing the name of the Bed and Breakfast. Such sign shall not be a box-lit sign or similar self-illunimated sign. Shaded indirect lighting on a sign is permissible; (2) The hours of opera- tion shall be 24 hours per day; (3) No more than one non-family employee be on the premises at anyone time; (4) The applicants provide fire protection as stated in Fire Department recommendations 1 and 2 or "a" through "d"; (5) Plans for off-street parking for seven (7) vehicles be provided and the parking areas be buffered from adjacent properties or view from the street; (6) Floor plans showing bedrooms, exiting and rest rooms, be submitted to the Public Works Department; (7) The Bed and Breakfast shall be limited to five (5) bedrooms; (8) The permit shall be reviewed in one year for consid- eration of extension; (9) Operation, occupancy or establishment of the structure as a Bed and Breakfast shall not occur until the above conditions are complied with and the necessary modifications to the structure, as determined by the Public Works Department following a review of the sub- mitted floor plans, have been made. Councilman Schermer also cited that the proposed Home Occupation, with the conditions attached, complies with the Home Occupations Chapter of the Zoning Ordinance. The motion was seconded by Councilman Stamon. During discussion on the motion, Councilman Hordyk questioned public Works Director Pittis about the septic tank versus sewer system in this area, and suggested an additional condition be added: That if the septic tank in this area poses a problem, it be discontinued or connected to the City sewer. Councilmen Schermer and Stamon concurred with Councilman Hordyk's amendment. Following a brief discussion between Fire chief Glenn and Councilman Gerberding regarding fire protection for this area, the motion, as amended, was passed. D. Planning Commission Minutes Accepted Councilman Gerberding moved the Council accept and place on file the Plan- ning Commission minutes of July lO, 1985. The motion was seconded by Councilman Stamon and carried. I I I I I 1,1 CITY COUNCIL MEETING July 16, 1985 4. Ordinance: Thompson Street Vacation Compensation Mayor Whidden introduced and read by title Ordinance No. 2352, entitled: Ordinance No. 2352 AN ORDINANCE of the City of Port Angeles vacating that portion of Alder Street between Second Street and the 2/3 alley. Councilman Hordyk moved the Council adopt the foregoing Ordinance as read by title by Mayor Whidden, and that in Section 2 the compensation amount be set at $6,000. The motion was seconded by Councilman Schermer and carried. 5. Revision to Halberg Water Right Agreement: Elwha Transmission Line Mayor Whidden referred to a memo from Andy Rose, City Engineer, concerning whether the City should revise the amended easement agreement dated July 19, 1983, between John Halberg and the City. The original easement allowed installation of the City's Elwha water main in eKchange for water services to the Halberg property. The purpose of the requested revision is for clarification and confirmation of the original intent of both the City and Mr. Halberg. It was the recommendation of the Public Works Department that Mayor Whidden be authorized to execute an amendment to the easement approv- ing the requested change in the anemded easement agreement to allow Parcels 1 through 4, and those four parcels only, to connect to a single 2-inch diameter water line tapped into the Elwha transmission main. This 2-inch diameter line will have a 2-inch water meter installed near the transmis- sion main and all other conditions of the amended easement dated July 19, 1983, and the original agreement dated August 9, 1977, will remain in effect. During the discussion which followed, the Council questioned Public Works Director Pittis at length regarding the proposed amendment and the City's responsibilities in this matter. several Councilmen were concerned about the number of residences which could be served by this line in the future. Councilman Schermer then moved the Council accept the recommendation of the Public Works Department, with the stipulation that the connection be for four (4) residences only. The motion was seconded by Councilman Gerberding and carried. 6. Acceptance of Land Donation in Morse Creek Area Mayor Whidden read a memo from Ron Saville, City Light Director, informing the Council that, as part of the City's efforts to secure all of the land rights and permits necessary to develop the Morse Creek Hydroelectric Project, negotiations with Albert Haller have resulted in Mr. Haller offering a 99.22 acre parcel (including the powerhouse site) as a donation to City Light. Councilman Gerberding then moved the Council accept the very generous offer of Mr. Haller. The motion was seconded by Councilman Stamon and carried. Councilman Stamon then instructed staff to draft a thank-you letter to Mr. Haller from Mayor Whidden. 7. Update on Waterfront Associates Jim Going, President of Waterfront Associates, addressed the Council with an update of the proposed waterfront project. His report included the status of the building permit application, leasing negotiations, and financing. Mr. Going also announced two new members on. their team: Jim Jones, President of Clallam Realty, who will be handling all leasing for the project, and Dean Amdahl, the project's official contractor. Mr. Going then requested that he be placed #1 on the August 6th Council agenda. 8. Consideration of Proposal to Limit Terms of Office for City Council Positions During the June 18, 1985, regular Council meeting, Councilman Gerberding read into the record a proposal to limit the Councilmanic terms of office to two consecutive elected four-year terms. It was agreed at that meeting to draft an ordinance for discussion purposes only and consider it at the July 16, 1985, meeting. 377 378 CITY COUNCIL MEETING July 16, 1985 At this meeting, Councilman Gerberding pointed out that even though there is merit to this proposal, it would not be the right time to act on it. He then moved that the matter of limiting Councilmanic terms to two consecu- tive four-year terms be placed on the general election as an advisory ballot. Councilman Schermer seconded the motion for discussion purposes. During the discussion which followed, Councilman Haguewood voiced his opposition to the proposal. He felt that such a limitation would dis- courage anyone running for the office. Councilman Schermer was also con- cerned about limiting the public's right to elect whom they want; however, I he did understand Councilman Gerberding I s position. Councilman Stamon pointed out that it takes several years for a person to "learn the ropes" on the Council, and suggested a limit of three consecutive terms instead of two. Councilman Hordyk also voiced his opposition to the proposal, pointing out that perhaps the State legislature should be responsible for such a change instead of the City. In response to a question from Councilman Hordyk, Councilman Gerberding suggested the following ballot title: "Shall the City of Port Angeles limit Councilmen to serving two consecutive four-year terms?" Attorney Knutson noted that it would be his responsibility to draft the ballot title. His draft would contain the same intent with slightly different wording. Manager Flodstrom then read into the record a letter from the Port Angeles Business Association stating their opposition to the proposal of limiting the terms of Councilmen. Following further discussion, Councilman Gerberding moved to amend his motion as follows: The matter of limiting Councilmanic terms be placed on the general election as an advisory ballot in three parts: (A) Whether the terms should be limited; (El Whether they should be limited to two consecu- tive four-year terms; (C) Whether they should be limited to three consecu- I tive four-year terms. The amendment to the motion was seconded by Council- man Schermer. FOllowing additional opposing comments from Councilman Haguewood, the motion was voted on as follows: Councilmen Gerberding, Stamon ,Schermer, "Aye"; Councilmen Haguewood and Hordyk, "No". The motion carried. 9. Proclamation - Social Security Week Mayor Whidden read a proclamation proclaiming August 11th through August 17, 1985, as Social Security Week. VIII LATE ITEMS Councilman Gerberding announced that he will not be running for re-election. Councilman Hordyk congratulated Public Works Director Pi ttis for his ap- pointment to the Urban Arterial Board and questioned Mr. Pittis regarding the funds used to construct the Lauridsen Boulevard bridge. Reported on the luncheon for U.S. Coast Guard Commander Gracey who visited Port Angeles recently. Councilman Stamon questioned Public Works Director Pittis about the recent rise in water usage and possible problems caused by low rainfall in recent weeks. Noted the banner in front of The Toggery was ripped and the light fixture near it was broken. Questioned Fire Chief Glenn about the fire on the COHO ferry dock and the performance of the fireboat. Commended the Parks Department on the "Yard of the Month" signs. I Mayor Whidden announced a meeting of the Washington State Parks and Recrea- tion Committee July 19th at Haguewood's. Questioned Manager Flodstrom re- garding the Community Development Block Grant Program application workshop in Olympia and whether any staff or Council members would be attending. Announced that Manager Flodstrom will be on vacation July 22nd through August 2nd and Public Works Director pittis will be Acting City Manager in his absence. Questioned Manager F10dstrom about the status of a letter from Ernie Gray regarding the sewer near his business. Noted the letter of appreciation to Assistant Fire Chief Mac Campbell from Olympic Memorial I I I CITY COUNCIL MEETING July 16, 1985 Hospital for his time and effort spent in instructing the hospital staff in the use of fire extinguishers. Noted a letter in the Information Agenda from the legal officer of the U.S. Coast Guard regarding the City's annexa- tion of Ediz Hook; a letter of appreciation to the City from British Petro- leum; and the Notice of Filing Period for Council positions. Suggested the Fire Department send a letter of thanks to all those citizens and Foss Tug v.'ho assisted the Fire Department in battling the fire at the COHO ferry dock. Reported on the trip to New York that he, Manager Flodstrom, Finance Director Orton, and City Treasurer Wolfe recently took in an attempt to increase the City's bond rating. Manager Flodstrom updated the Council on the status of the Esther webster Estate and the Fine Arts Center proposal, and the PDA pursuit of the Milwaukee Railroad acquisition. Announced that the Council had received an invitation to the Change of Command ceremony for U.S.C.G. Captain Tom Blank on August 7th. Announced that Port Angeles had made the centerfold in the latest promotional magazine put out by Rogerson Aircraft. The centerfold is an artist's rendition of the Port Angeles Hiller Helicopter Manufactur- ing facility. IX ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA None. X ADJOURN TO EXECUTIVE SESSION The meeting adjourned to executive session at 9:02 P.M. XI RETURN TO OPEN SESSION AND ADJOURNMENT The meeting returned to open session and adjourned at approximately 9: 12 P.M. ~'a.f~/ Clerk ~~JM(/J. II t~'-l ~ Mayor 379