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HomeMy WebLinkAboutMinutes 07/19/1983 I I I . , CITY COUNCIL MEETING Port Angeles, Washington July 19, 1983 I CALL TO ORDER Mayor Duncan called the meeting to order at 7:00 PM. II ROLL CALL Members Present: Mayor Duncan, Councilmen Gerberding, Haguewood, Hordyk, Polhamus, Quast, Whidden. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Lannoye, P. Carr, M. Cleland, L. Cosens, D. Frizzell, L. Glenn, J. Pittis, R. Orton, M. Campbell, C. Rinehart. public Present: C. Lamb, C. Johnson, T. Wells, S. EriCkson, Jr., S. Erickson, Sr., R. Burwell, D. Burwell, H. Bugher, G. Mitke, B. Ramsey, S. Fahnestock, K. Schermer, L. Ross, B. Levin. III MINUTES Councilman Quast moved the Council accept and place on file as received the minutes of the special meetings of June 28th and 30th and the regular meeting of July 5, 1983. 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) payment to Riddell, Williams for UDG litiga- tion; (2) payment to WSU for study of CBD; (3) permission to retain struc- tural engineer to prepare specifications for reroofing Vern Burton Memorial Community Center; (4) Washington State Liquor Control Board correspondence; (5) vouchers of $340,759.83; and (6) payroll of $198,000.88. Councilman Whidden seconded. Councilman Gerberding voiced concerns regarding the billing from Riddell, Williams for WPPSS litigation. Councilman Whidden questioned phone billings charged to each department. Councilman Gerberding questioned anticipated repair of the Vern Burton Memorial Community Center Roof. After further discussion and on call for the question, the motion carried. V FINANCE None. 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 the proposed City Hall Construction program be placed as Agenda Item #16. Mayor Duncan read Resolution No. 16-83 by title, entitled RESOLUTION NO. 16-83 A RESOLUTION of the City of Port Angeles authorizing the Mayor, City Council and City Staff to recognize DONALD FRIZZELL as a past member of the Port Angeles City Staff who served admirably. to Don Frizzell thanking Don for his service contributions. 11 12 CITY COUNCIL MEETING July 19, 1983 VII LEGISLATION 1. Public Hearing A. Amendments on Home Occupation Ordinance Mayor Duncan read a summary memo from the Planning Department on proposed amendments to the Home Occupations Ordinance and opened the public hearing. Mayor Duncan requested comments from the audience. There being no public comments, the hearing was closed. Mayor Duncan then read the amended ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles amending the Home Occupations zoning regulations, amending Article II of Ordinance No. 1709, and amending Sections 4 and 5 of Ordinance No. 2103. Councilman Quast moved to adopt the ordinance as written. Councilman Whidden seconded. Council voiced concern over a proliferation of commer- cial activity occurring in residential neighborhoods and a departure from the "entrepreneur" basis for issuing Conditional Use Permits. Another mat- ter of concern is higher commercial property taxes as opposed to residen- tial property taxes. After further discussion, Councilman Hordyk moved to table the matter for future consideration by the Council and Councilman Polhamus seconded. Councilman Whidden voted "No"; all others voted "Aye", The motion carried. 2. Lindberg/Hartman Rezone Request councilman Polhamus moved to remove the Lindberg/Hartman rezone request from the table. Councilman Quast seconded and the motion carried, with Councilman Whidden voting "No". Mayor Duncan reviewed the July 21st I memorandum from the Planning Department. Rezone was requested for a 42,000 square foot parcel from CAD to RMF, located on the south side of Front ~~, Street, west of Peabody. Mr. Lindberg addressed the Council regarding his rezone request and presented reasons why a petition to rezone was not required. After discussion with staff, Councilman Hordyk moved to concur with the Planning Commission recommendation to approve the Lindberg/Hartman rezone request, citing the following findings of fact: (1) the proposed rezone complies with multi-family residential policies of the Comprehensive Plan; (2) the present residential uses have not weakened the CAD zone; therefore the requested down-zone would not weaken it; (3) residential uses may strengthen the CAD zone; (4) there are site specific topography conditions which make the area less desirable for commercial use; and (5) high density residential development may benefit the CBD. Councilman Whidden seconded the motion. Councilman Gerberding voiced concerns. On call for the question, Councilmen Hordyk, Polhamus and Whidden voted "Aye", Counc;ilman Gerberding voted "No", with Councilmen Quast and Haguewood abstaining, The motion carried, and Mayor Duncan read the Ordinance by title, entitled ORDINANCE NO. 2259 AN ORDINANCE of the City of Port Angeles reclassifying property on the south side of Front Street, west of Peabody Street, from CAD to RMF. Councilman Hordyk moved to adopt the Ordinance as read by title. Council- man Polhamus seconded, with Councilman Gerberding voting "No", Councilmen Quast and Haguewood abstaining, and Councilmen Hordyk, Polhamus and Whidden voting "Aye". The motion carried. 3. Planning Commission Minutes of July 13, 1983 Mayor Duncan reviewed the Planning Commission minutes of July 13, 1983 with the following action being taken by the Council: I I I I I CITY COUNCIL MEETING July 19, 1983 a. Conditional Use Permit - Ramsey Mayor Duncan reviewed the Planning Commission recommendation to grant a Conditional Use Permit for a mobile steam pressure cleaning business as a Home Occupation located at 1032 East Fourth Street, subject to the follow- ing conditions: (l) business vehicles are not parked on the street; (2) no more than two business vehicles and one business utility trailer be parked or stored at the site. Councilman Whidden moved to concur with the Planning Commission recommendation. Councilman Polhamus seconded, and after discus- sion, the motion carried. b. Lamb Street vacation Councilman Hordyk moved the Lamb request to vacate that portion of Fifth Street west of Tumwater Truck Route be approved as recommended by the Planning Commission, and that the appraised value rule be set for payment for that property. Councilman Polhamus seconded and the motion carried. c. Conditional Use Permit - Glass Mayor Duncan reviewed the Planning Commission recommendation to approve the Conditional Use Permit for a "Bed and Breakfast" as a Home Occupation at 1108 South Oak Street. The Council had extensive comments regarding the appropriateness of a "Bed and Breakfast" establishment in a residential zone. Councilman Quast moved to concur with the Planning Commission recom- mendation, subject to the following conditions: (1) that a fire alarm system and fire extinguishers be installed, per the Fire Department require- ments; (2) that at least four additional off-street parking spaces, approved by the Public Works Department, be provided on the parcel; (3) exits shall conform to the Uniform Fire Code requirements; (4) food handling activities shall comply with Health Department Requirements. Councilman Whidden seconded, with Councilmen Quast, Whidden and Haguewood voting "Aye", Councilmen Hordyk and Gerberding voting "No" and Councilman Polhamus abstaining. The motion carried. d. Conditional Use Permit - Wells Mayor Duncan reviewed the Planning Commission recommendation to grant a Conditional Use Permit to maintain a mail order and retail sales of hunting firearms and related equipment as a Home Occupation located at 321 East Ninth Street. Councilman Quast moved to concur with the Planning commission recommendation, subject to the following conditions: (1) that the hours of operation be limited to between 9 AM and 5 PM, Monday through Saturday; (2) that the operation comply with the Uniform Fire Code and the Uniform Build- ing Code; (3) that the existing security erquipment be maintained. Council- man Haguewood seconded the motion. As this is for an accessory building (as discussed under Legislation Item #1), Councilman Quast moved to table the matter. Councilman Haguewood seconded. The motion carried / with Councilman Quast voting "No". e. Conditional Use Permit - Tucker Mayor Duncan reviewed the Planning Commission recommendation to issue a Conditional Use Permit to conduct a mental health counseling practice as a Home Occupation located at 218 Whidby. Councilman Quast, for the sake of discussion, moved to concur with the Planning Commission. Councilman Gerberding seconded. Councilman Quast mentioned problems with off-street parking. Councilman Gerberding emphasized the need for strict time regulations, and inquired about a State license. He then moved to amend the motion to limit the Conditional Use. Permit to 9 months and making it non-renewable. The motion died for lack of a second, as the application stipulates a one-year time limit. On call for the question, the motion to allow the Conditional Use Permit passed, with the following conditions to be adhered to: (1) No more than eight persons per session; (2) the hours of operation be from B AM to 10 PM; (3) the business operate three days per week; (4) there be a maximum of 15 clients per week. f. Conditional Use Permit - Lund Mayor Duncan reviewed the Planning Commission recommendation to deny a Conditional Use Permit to construct a duplex in an RS-9 District located on 13 14 CITY COUNCIL MEETING July 19, 1983 the second lot behind the house at 4103 South "c" Street. Councilman Gerberding moved to concur .with the Planning CODUnission and deny the Conditional Use Permit, citing the following findings of fact: (1) The area needs street and road improvements before there are additional non- single-family dwelling units constructed in the area; (2) there are other areas in the City that are available for duplex construction; (3) there is an over-concentration of duplexes in this area of the City. Councilman Quast seconded. After further discussion, Councilman Haguewood moved to table the matter in order to allow Councilmembers the opportunity to personally inspect the location. Councilman Quast seconded. With Council- I" ". man Gerberding voting "No", the motion passed. The matter was tabled until the next meeting. g. Conditional Use Permit - Hartnagel Building Supply Mayor Duncan reviewed the Planning Commission recoDUnendation to grant a Conditional Use Permit to establish a retail lumber yard in a CAD District, located at 819 - 833 East Front Street. Councilman Quast moved to concur with the Planning Commission recommendation, subject to the following conditions: (1) The requirements of the Fire Department, as stated in the attached memo, are met; (2) a plot plan showing necessary drainage and curb-cuts and sidewalk improvements, if any, is submitted prior to fencing and paving of the site; (3) a Site-obscuring fence is constructed in accordance with the CAD Zone requirements; (4) every effort to be made to prevent usage of the alley by customers. He cited the following findings of fact: (A) The five lot size and location on the intersection of two arterials is suitable for a lumber yard; (B) the lumber yard is generally compatible with existing cODUnercial development along First and Front Streets, and complies with Commercial Policy No.7; (Cl provided the con- ditions are attached, the lumber yard can be compatible with the adjacent properties. Councilman Hordyk seconded. Councilman Gerberding commented on the requirements for displaying flags at the premises. On call for the question, the motion carried, with Councilman Gerberding voting "No". h. Conditional Use Permit - Olympic Design I Mayor Duncan reviewed the Planning Commission recommendation to grant a Conditional Use Permit to construct a duplex in an RS-7 District located at 1014 and 1016 Madrona Street. Councilman Polhamus moved to concur with the Planning Commission recommendation for approval, citing that the proposed duplex would have less density than two single-family residences. Council- man Hordyk seconded. Councilman Whidden questioned the saturation of the area. On call for the question, the motion passed, with Councilman Whidden voting "No". Councilman Hordyk moved the Council accept and place on file as received the Planning Commission minutes of July 13, 1983. Councilman Polhamus seconded and the motion carried. 4. Set Public Hearing - Solledar Street Vacation Mayor Duncan read the following resolution by title, entitled RESOLUTION NO. A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate the alley between Spruce and Hazel Streets in Block 9; all of Hazel Street between Blocks 9 and lO; all of the alley between Hazel and Madrona Streets in Block 10; all of Madrona Street between Blocks 10 and 15; the alley between Madrona and Glenwood Streets, Block 15; all in Pennsylvania Park Addition to the Townsite of Port Angeles. I Councilman Hordyk moved to pass the Resolution as read by title. Councilman Polhamus seconded and the motion carried. I I I CITY COUNCIL MEETING July 19, 1983 5. Request for Reconsideration - Allen Sidewalk on Peabody Street At the July 5th Council meeting the Council denied Mr. Allen's short plat appeal. Mayor Duncan read a letter from Art Dunker, and Mr. Dunker then addressed the Council to explain Mr. Allen's situation. The Council considered the appeal request at great length. Councilman Hordyk moved to reconsider the request of Mr. Allen to put in a sidewalk and that Mr. Allen be allowed to proceed with his construction without the sidewalk. Upon counsel from Attorney Knutson, Councilman Hordyk amended the motion to rescind the July 5, 1983 motion. Councilman Haguewood seconded. On call for the question, Councilmen Gerberding, Hordyk and Haguewood voted "Aye", with Councilmen Whidden, Quast and Polhamus voting "No". Mayor Duncan entered a "No" vote to break the tie. The motion failed, and the motion of July 5, denying the short plat appeal, was upheld. Councilman Gerberding moved to instruct staff to prepare an explanation of the City's policy on sidewalks. Councilman Quast seconded, emphasizing that staff had acted correctly in this matter. On call for the question, Councilman Hordyk voted "No". The motion carried. After further discussion, Councilman Quast moved that a building occupancy permit be issued to Mr. Allen immediately upon the City's receipt of the necessary deposit for construction of the sidewalk. Councilman Gerberding seconded. On call for the question, Councilmen Hordyk, Haguewood and Polhamus voted "NO", with Councilmen Gerberding, Quast and Whidden voting "Yes". Mayor Duncan cast a "Yes" vote to break the tie. The motion carried. 6. Medic I Ballot Wording and Budget Mayor Duncan reviewed a memorandum from City Attorney Knutson which sug- gested wording for the advisory ballot on the Medic I proposal, as follows: ADVISORY BALLOT ON MEDIC I PROGRAM Are you in favor of the City of Port Angeles emergency medical services by charging each $1.30 per month, subject to annual review and City Council following a public hearing? Yes providing Medic I utility customer modification by the No After discussion, councilman Whidden moved to authorize an advisory ballot for the primary election as worded, with Councilman Quast seconding. After discussion, the motion carried with Councilman Hordyk voting "No". 7. City's Utility Customer Credit Policy Finance Director Orton referred the Council to his cover memorandum regard- ing possible revisions in the City's utility customer credit policy. He further explained the necessity of revisions, and expressed the need to avoid increasing the already excessive workload of the staff. He cited options mentioned at the Utility Advisory Committee meeting as follows: Generally tighten credit; reduce the payment period and the time between the delinquent notice and commencement of action. (1) Renew.the utility deposit policy; (2) require tenant property to be in the owner's name; (3) obtain a release contract at the time the property owner and the tenant agree to a rental whiCh recognizes the property owner's liability for the delinquent bill, the tenant's responsibility and also gives authorization to the tenant to have service. He then informed Council on the pros and cons of the various alternatives, and requested the Council as a whole consider the problem and assist in its solution. Gerry Atkinson appeared before Council. She favored tightening the City's credit policy by changing the delinquent notices from 30 days to 15 days and enforcing the cutoff at 25 days rather than 40 days. Cleo Johnson appeared, favoring the tightening of credit and disconnecting sooner on delinquent accounts. Mary Jane Ballack appeared, stating that she would like to see the lien law removed. Helen Brewer appeared, favoring land- lords being responsible for utility bills rather than charging a deposit. She also was in favor of dropping the lien law. 15 16- CITY COUNCIL MEETING July 19, 1983 8. petition requesting street name change - Ennis Court to Bluewater View Mayor Duncan reviewed the petition request. Councilman Whidden instructed staff to prepare an ordinance changing the street name of Ennis Court to Bluewater View. Councilman Polhamus seconded and the motion carried. 9. petition for L.I.D. - Ennis Court Mayor Duncan reviewed the petition. Councilman Hordyk moved to refer the L. I .D. petition to the Public Works Department. Councilman Whidden I.. seconded and the motion carried. lO. City's Acceptance and Use of Community Logo Mayor Duncan referred to the memorandum explaining the background and development of the City logo, and staff's recommendation adopting the logo. Councilman Whidden moved to authorize all City vehicles to display the logos, the color be Port Angeles Blue, and the logo be used to the maximum extent possible. Councilman Quast seconded and the motion carried unanimously. 11. Halberg - Water Use Agreement Mayor Duncan withdrew due to conflict of interest. Mayor Pro Tem Haguewood presided. He reviewed the request for an amendment to the Halberg easement agreement. The amendment would assist Mr. Halberg in obtaining the water service connections granted by the City August 9, 1977. After discussion, Councilman Polhamus moved to approve the amendment. Councilman Whidden seconded and the motion carried. 12. Downtown Parking Lots - Amend Agreement City Manager Flodstrom addressed the Council, stating the merger of the Downtown Parking Association, the Merchant's Association, and the Downtown Improvement Group into the new Port Angeles Downtown Association creates a need for signing an agreement for operation of the parking lots with the new organization. The amended agreement alleviates some problems with the previous agreement and allows more flexibility for the Port Angeles Downtown Association. Councilman Hordyk moved to authorize the amendment to the agreement with Councilman Quast seconding. Councilman Gerberding questioned whether the movement of City Hall or of parking lots would be impaired by the agreement. Manager Flodstrom explained that this agreement does not lock the City out of future options. On call for the question the - motion carried unanimously. 13. Financial Status Report for First Six Months - 1983 Deferred for consideration at the July 26, 1983 meeting. 14. Chamber's Brochure Committee Report Councilman Whidden reported to Council on the July 11, 1983 Chamber's Brochure Committee meeting. The Toucan brochures have been discontinued. Ten printers, illustrators, or graphic artists have been approaChed and have indicated their desire to participate in preparing a new brochure. The covers are to have the City logo and designs will be reviewed on July 27, 1983. The Chamber Committee will select a winner and 50,000 brochures will be completed within 2 weeks at a cost of around $7,500. It is. anticipated that the project will be concluded by August 15, 1983. 15. Real Estate Committee Reports b. 709 South Valley Councilman Quast presented Item B, the appraisal of property at 709 South Valley street. Councilman Gerberding moved that the City indicate its willingness to sell the property at appraised value, subject to negotiation within the confines of the property value appraisal. Councilman Haguewood seconded and the motion carried. I I I I CITY COUNCIL MEETING July 19, 1983 Councilman Quast recommended that the rema~n~ng two items, the Roosevelt Gym site properties and the building at Fourth and Valley Street, be discussed in executive session. 16. Proposal for Development of New City Hall I Councilman Quast indicated that this item had been brought before Council for informational purposes. He indicated the need for Council to consider hOlding a public hearing or issuing an advisory ballot regarding the location and design of the proposed new City Hall, or whether or not there should be a new City Hall. Council discussed design and cost efficiency. VIII LATE ITEMS Budget Preparation Council scheduled a special meeting for July 26, 1983 for the Budget Status Report and 1984 Budget planning session. / IX ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA Councilman Gerberding advised the Park Department that the restroom signs on the Public Pier are rusting and recommended plastic signs of the same color and size. Electrical Rate Reduction - WPPSS 4 and 5 After Council consideration of the correct procedural action to be taken to effect the following, Councilman Gerberding moved to rescind the Council's previous action delaying an electrical rate adjustment until November. Councilman Hordyk seconded. The motion carried, with Councilmen Whidden and Quast voting "No". Councilman Gerberding then moved to reduce the sale of electricy by .018~ per kWH, effective August 1, 1983, stipulating the $400,000 reserve be held for future litigation. Councilman Hordyk seconded and the motion carried with Councilmen Quast and Whidden voting "No". Mayor Duncan read Ordinance No. 2260 by title, entitled ORDINANCE NO. 2260 AN ORDINANCE of the City of Port Angeles altering the rates for the sale of electricity and amending Sections 3, 4 and 6 of Ordinance 2054, Sections 3, 4 and 6 of Ordinance 2137, Sections 1 and 2 of Ordinance 2173, Section 1 of Ordinance 2198, Sections, l, 2, 3 and 4 of Ordinance 2210, Sections 1, 2, 3 and 4 of Ordinance 2232, and Sections 13.12.030, 13.12.040, 13.12.060, 13.12.071 of the Port Angeles Municipal Code. On call for the question, councilmen Quast and Whidden voted "No". The motion carried. Filing for Council Positions Filing for City Council positions will be July 25th thru July 29th, 1983. Council drew position numbers: Councilman Quast will file for Position #3, Councilman Whidden for Position #2, and Councilman Polhamus for Position #1. Councilman Whidden addressed Public Works Director Pittis regarding the trailers on Railroad Avenue, specifically the one closest to Seafarms. He noted concern over the tongue of the trailer being apparent and stated that this should be corrected. He also stated that the sidewalk next to the old Thunderbird Tavern is approximately 2 inches below the rest of the sidewalk. Also in that area, the stairs leading down to the parking lot are partially covered by brush. 17 x 18 CITY COUNCIL MEETING July 19, 1983 Mayor Duncan informed the Council of an upcoming promotion called "Hands Across the Pacific" finding out about Port Angeles I sister city in the Soviet Union. This is an outgrowth of Ground Zero to try to build understanding between the two countries as far as nuclear arms are concerned. A meeting will be held July 24, 1983 at 7: 00 PM in the Emergency Services Office in the basement of the County Courthouse. Mayor Duncan also presented information on the "First Annual River Days Best Ball Golf Tournament". X ADJOURN TO EXECUTIVE SESSION Mayor Duncan adjourned the meeting to an executive session at 10:55 P.M. XI RETURN TO OPEN SESSION AND ADJOURNMENT The meeting returned to open session and was adjourned at approximately 11:30 P.M. ~~ / tLERK ~ ol~~~A MAYO I I I