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HomeMy WebLinkAboutMinutes 07/27/1977326 CITY COUNCIL MEETING Port Angeles, Washington July 27, 1977 I CALL TO ORDER The meeting was called to order by Mayor Olson at 7:30 P.M. II ROLL CALL Members Bresent: Mayor Olson, Councilmen Anderson, Buck, Haguewood, Hordyk, RPSS, Wray. Members Absent: None Staff Present: Manager Whorton, Attorney Walrath, Clerk Parrish. H. Kochanek, D. Frizzell, D. Flodstrom, R. Orton, P. Carr, J. Honnold, K. Rodocker, B. Wilson, C. Caso. Guests Present: L. Sunny, W. Lewis, J. Douglas, P. Brady, S. Shriner, M. Caso. III MINUTES Councilman Wray moved the minutes of the July 13, 1977 meeting be accepted and placed on file as received. The motion was seconded by Councilman Hordyk and carried. TV FINANCE "1. AUTHORIZATION TO SELL SURPLUS EQUIPMENT Councilman Hordyk moved the Council authorize the Equipment Rental Division of Administrative Services to call for bids for the sale of four units of surplus equipment described as three cars and one front-end loader bucket attachment. The motion was seconded by Councilman Buck and carried. 2. AUTHORIZATION TO CALL FOR BIDS FOR CEMETERY COLUMBARIUM Councilman Wray moved the Council authorize the Parks Department to call for bids for the construction of a 116 niche columbarium at Ocean View Cemetery. Councilman Ross seconded the motion. After a brief discussion with Parks Director Frizzell regarding the location of the columbarium, the motion was passed by the Council. 3. DOWNTOWN SIGNALIZATION PROJECT Councilman Hordyk moved the Council approve payment of $565.33 to Harstad & Associates for field inspection and engineering services associated with the Downtown Signalization Project. Councilman Anderson seconded the motion. During discussion on the motion, Councilman Haguewood requested Public Works Director Flodstrom check into a reported unsafe condition relating to the control boxes. On call for the question, the motion was passed by the Council. 4. L.I.D. NO. 200 - VALLEY STREET Councilman Wray moved the Council approve payment of $3,084.18 as the re- tained percentage to J.D. Shotwell Company, Tacoma, L.I.D. No. 200 Contractor, as recommended by City Engineer Warder in his Certification Letter dated ' July 13, 1977, which established that the thirty day period since the com- pletion and acceptance of the project has elapsed, clearance has been re- ceived from the Department of Revenue and the Department of Labor and Indus- tries, and no liens have been filed. Councilman Ross seconded the motion and it passed with Councilman Anderson abstaining. CITY COUNCIL MEETING 327 July 27, 1977 IV FINANCE 5. LANDFILL SITE SCRAP METAL REVENUE AGREEMENT Mayor plson read Utilities Superintendent Rodocker's report relating to a proposed agreement in which one-third of the revenue received from the sale of the Landfill scrap metal will be paid to the Landfill contractor, F. Carr. Mr. Rodocker pointed out in his report that much of the scrap metal presently stockpiled and being sold is available for sale because of Mrs. Carr's efforts in segregating the scrap metal, and it would seem only fair that Mrs. Carr should be compensated for her efforts. Councilman Ross then moved the Council approve the proposed agreement to divide the revenue derived from the sale of Landfill scrap metal with the contractor, F. Carr. Councilman Buck seconded the motion and it carried 6. PAYROLL Councilman Hordyk moved the Council approve Payroll of $121,298.33. Council- man Buck seconded the motion and it carried. V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA: None. VI LEGISLATION 1. PLANNING COMMISSION Mayor Olson read the minutes of the Planning Commission's July 19, 1977 meeting with the following action being taken by the Council: A. Conditional Use Permit: Scott Shriner Councilman Hordyk moved the Council concur with the recommendation of the Planning Commission and approve a conditional use permit for Scott Shriner allowing a reduction in required parking for a beauty salon at ' 804 South Oak Street, gubject to (1) the use to be restricted to a one- operator beauty salon, and (2) the three-stall parking plan drawn by staff is to be used. Councilman Ross seconded the motion and it carried. B. Home Occupation Guidelines Mayor Olson read that portion of the Planning Commission's July 19, 1977 meeting minutes in which the Planning Commission adopted for use the eleven proposed Home Occupation Guidelines. The Planning Commission felt that it could not fairly hear Conditional Use Permit applications for Home Occupations without the guidelines at this point. Councilman Haguewood requested Attorney Walrath's legal interpretation of the Plan- ning Commission's adoption of the Home Occupation Guidelines and asked whether or not the Planning Commission could use the guidelines without the approval and adoption of the guidelines by the City Council. Attorney Walrath stated that since the Planning Commission serves in an advisory capacity only, the City Council is not bound by the Planning Commission's recommendations and could probably dictate the guidelines to be used by the Planning Commission. However, he would have to research the matter further. Councilman Haguewood then moved the Council table this gortion of the Planning Commission's minutes until a legal interpretation is received from Attorney Walrath. The motion was seconded by Councilman Ross and carried. Mayor Olson asked for a motion for acceptance of the Planning Commission minutes of July 19, 1977. Councilman Anderson moved the Council accept the minutes of the Planning Commission's July 19, 1977 meeting. The motion was seconded by Councilman Buck and passed by the Council. The Council next took the Home Occupation Guidelines under consideration. Councilman Haguewood moved the proposed Home Occupation Guidelines be taken from the table. The motion was seconded by Councilman Anderson. On called vote, Councilmen Hordyk and Ross voted "NO" with all other Councilmen voting "AYE." The motion carried. 32~ CITY COUNCIL MEETING July 27, 1977 VI LEGISLATION 1. Cont. A general discussion followed between the Council, Manager whorton and Planner Carr. During the discussion, Planner Carr briefly reviewed the back-ground behind the drafting of the proposed guidelines and pointed out that every decision made by the Planning Commission is advisory only and every action taken by the Commission is submitted to the Council for final approval. Also, the Planning Commission would like to see some guidelines for home occupations incorporated into the Zoning Ordinance. Councilman Ross then read condition No. 1 of the guidelines, stating that she felt the statement was too broad and could be interpreted many ways, and moved the Council not accept the proposed Home Occupation Guidelines. Councilman Hordyk seconded the motion. The discussion continued with Councilman Hordyk expressing the opinion that the guidelines are too restrictive and enhance too much power with the Planning Commission itself without putting it into the elective body. Councilman Ross was concerned that the guidelines would become a part of the Zoning Ordinance and as proposed they infringe on individual rights. Councilman Anderson felt that guidelines were needed, but felt they should be simple, easy to understand guidelines. Councilman Buck pointed out that the Planning Commission and the Council did meet in a work session to discuss the proposed guidelines and that the Council should therefor accept them as the proper guidelines. Councilman Haguewood felt the guidelines as proposed are too severe and do not solve the problem but create a larger one; with the use of the too restrictive guidelines the pendulum has swung too far in the opposite direction. Councilman Ross also recommended that the Home Occupation Guidelines be placed as the lowest priority in developing the Zoning Ordinance. On call for the question on the motion that the Council not accept the proposed guide' lines, Councilmen Anderson, Haguewood, Hordyk, Ross and Wray voted "AYE" ' with Councilman Buck voting "N0." The motion carried. Councilman Buck then moved the Council later schedule a work session with the Planning Commission to resolve the guidelines for home occupations. Councilman Anderson seconded the motion. On called vote, Councilmen Anderson, Buck and Haguewood voted "AYE" with Councilmen Hordyk, Ross and Wray voting "N0." Mayor Olson, voting to break the tie voted "N0~" the motion was denied. 2. MODIFICATIONS TO CITY CREDIT AND DEPOSIT POLICY Councilman Anderson moved the Council take this agenda item from the table. The motion was seconded by Councilman Ross and carried. Finance Director R. Orton then gave a presentation on the present credit and deposit policy and reviewed three issues which he felt needed consideration. The first issue was the manner in which delinquent accouhtnotices are handled. Mr. Orton first explained the present procedure and stated that the number of delinquent notices sent out monthly averages approximately 1,OOO,plus the fact that it is possible for a customer to delay payment against a bill for as long as 40 to 60 days. Mr. Orton recommends that Council authorize the Finance Department to drop one of the "Delinquent Account Notices." The second issue to be considered was the present deposit policy, which requires that renters make a deposit on power used by the previous occupant. This policy is un- fair to a single person or a small family if the previous occupant happened to be a large family which consumed a large amount of power. This policy also does not charge property owners a deposit, only renters. It is Mr. Orton's recommendation that either deposits be abandoned and the current deposits be refunded, as delinquent or unpaid bills and taxes are solid liens against the property, or that all customers be charged an equitable deposit. The third issue was the "30 day letters" which forgives certain property owners the responsibility for electrical charges on rentals. Mr. Orton recommends the "30 day letters" be terminated. CITY COUNCIL,MEETING July 27, 1977 VI LEGISLATION 2. Cont. ~l v u Following this presentation there was a lengthy discussion between the Council, Finance Director Orton, and Light Superintendent Honnold concerning the time lapse between non-payment of a utility bill and the actual shut-off o€ power, and the steps taken by the City and the Light Department before power is shut off. The deposit policy was also discussed. Following the discussion Councilman Buck moved the Council discontinue the "30 day letters." Councilman Hordyk seconded the motion and it carried. Councilman Anderson then moved the Council table the subject of terminating the deposit policy until the Council receives more information on this matter from Finance Director Orton. The motion was seconded by Councilman Buck and carried. Councilman Hordyk moved the Council authorize the Finance Department to drop one "delinquent account notice." Councilman Wray seconded the motion and it carried. 3. PROGRESS REPORT ON NEW WATER SYSTEM Mayor Olson read a memorandum from Attorney Walrath relating to financing the Economic Development Administration loan on the new water system. It is noted that at the July 13th Council meeting, Councilman Haguewood raised the question as to whether there are any other financing mechanisms available to .the City for financing long term indebtedness other than Revenue Bonds. In his memorandum Attorney Walrath pointed out that bonds, either general obligation or revenue, are the only means by which cities are empowered to fund long term indebtedness, RCW 35A. 40. 010. Mayor Olson then read a memo- randum from Finance Director Orton, which stated that Mr. Orton had been in contact with the State Auditor's office and had been informed that for the type of project contemplated revenge bonds were the only lawful means of 1 financing. The Council and Manager Whorton then discussed the use of revenue bonds to finance the EDA loan, with Manager Whorton explaining that the City would sell one bond in the amount of $2,636,000 to EDA which is the total amount of the loan. It is also anticipated that the City will receive a grant from the state of Washington in the approximate amount of $1,025,594 which will be applied to the $2,636,000 loan. Manager Whorton reported that although verbal confirmation of a DSHS grant has been received, the City has not received written confirmation as of this date. The Council discussed 'this matter at length with Manager Whorton. The dis- cussion concluded with Manager Whorton recommending the Council approve the financing plan subject to receipt of written grant approval from the State in the amount of $1,025,594. Mayor Olson then introduced and read by title Ordinance No. 1934 entitled, Ordinance No. 1934 AN ORDINANCE of the City of Port Angeles, Washington, adopting a plan for the aquisition, construction, and installation of certain additions and improvements to and extensions of the water system of the City, de- claring the estimated cost thereof, and providing for ' the payment of such cost. Councilman Buck then moved the Council adopt the Ordinance as read by title by Mayor Olson subject to receipt of a letter from the State Department of Social and Health Services Confirming the $1,025,594 grant. Councilman Anderson seconded the motion. On called vote, Councilman Anderson, Buck, Haguewood, Hordyk and Wray voted "AYE" with Councilman Ross voting "NO." The motion carried. »~ VI CITY COUNCIL MEETING July 27, 1977 LEGISLATION 3. Cont. At this time H. Lydiard addressed the Council regarding the use of Morse Creek after the Ranney Collector System is constructed on the Elwha River. In Mr. Lydiard's opinion, to comply with the intent of the Federal Drought Relief Act, Morse Creek will be used as the City's primary source of water supply with the Ranney System being used as the supplemental source only when the water quality in Morse Creek in unsafe for human consumption. A lengthy discussion followed between the Council, Mr. Lydiard, Manager Whorton and Director of Public Works Flodstrom. During the discussion it was very definitely pointed out that the City's grant application for construction of a Ranney Collector System on the Elwha River was approved by the U.S. Department of Commerce, Economic Development Administration, based on the criteria established by the Federal Government for financial assistance under the Community Emergency Drought Relief Act of 1977. The City of Port Angeles has an existing watershortage caused by the 1976-1977 drought and an insufficient water supply will have a detrimental effect on the health, safety and welfare of the citizens of Port Angeles. One of the conditions of the State Department of Social and Health Services Referendum 27 grant is that Morse Creek be used as the City's water supply source only in emergency situations. Following this discussion, Councilman Hordyk moved the Council authorize a Resolution, the intent of which is that Morse Creek be maintained as a sup- plemental water supply. The motion was seconded by Councilman Ross. During discussion on the motion, Councilman Ross emphasized that Morse Creek is one of the City's sources of water supply, that once the Ranney Collector System is installed, operation of the system thereafter will be subject to review. Pure water is and always has been the City's goal. On call for the question, the motion carried. Resolution No. 22-77 A RESOLUTION of the City Council of the City of Port Angeles, Washington, establishing Morse Creek as an emergency supplemental water source for the City of Port Angeles. 4. UNIFORM STATE BUILDING CODE ORDINANCE Mayor Olson introduced and read by title Ordinance NO. 1935 entitled, Ordinance No. 1935 AN ORDINANCE providing for the adoption, adminis- tration, and enforcement of portions of the State Building Code and repealing any ordinance of the City or portions thereof in conflict therewith. Councilman Buck moved the Council adopt the Ordinance as read by title by Mayor Olson. Councilman Hordyk seconded the motion. During discussion on the motion, Director of Public Works Flodstrom informed the Council that the purpose of this Ordinance is to adopt the 1976 State Building Code Amendment to the 1973 Building Code, which is the Building Code under which the City of Port Angeles operates. Building permits and insulation stan- dards were also discussed. The only change to the City Building Code in the Ordinance is an increase in the Sign Permit Fees which is not a cost to the contractor. On call for the question, the motion was unanimously passed. 5. COUNCIL MEETINGS Mayor Olson read a memorandum from Manager whorton supporting an earlier meeting time for the City Council meetings. During a brief discussion by the Council, it was determined tht 7:30 seemed to be a more convenient time for a majority of the citizens. Councilman Ross then moved the Council leave the meeting time at 7;30 P.M. Councilman Haguewood seconded the motion and it carried with Councilman Wray voting "NO." 1 1 1 CITY COUNCIL MEETING nn July 27, 1977 .}31 VI LEGISLATION 6. SCHEDULING OF SPECIAL MEETING Mayor Olson read a memorandum from Manager Whorton recommending that the Council schedule a special meeting sometime during the first week of August to discuss areas of cooperation with the County so the design work on the new Courthouse can proceed. It is noted for the record that a special meeting was set for August 2, 1977 at 7:30 P.M. 7. SHORELINE PERMIT APPLICATIONS A. Crown Zellerbach: Mayor Olson read a memorandum from City Engineer Warder regarding Crown Zellerbach's Shoreline Permit application for the construction of a Secondary Effluent Treatment Facility on the mill site west of the lagoon. Councilman Buck moved the Council approve Crown Zellerbach's Shoreline Permit as recommended by City Engineer Warder. The motion was seconded by Councilman Hordyk and carried. B. ITT Rayonier: Mayor Olson read City Engineer Warder's memorandum regarding ITT Rayonier's Shoreline Permit application £or the reconstructing and extending of an existing chip barge unloading dock at the foot of Ennis Street. Council- man Buck moved the Council approve ITT Rayonier's Shoreline Permit as recommended by City Engineer Warder. Councilman Ross seconded the motion and it carried. C. Port of Port Angeles: Mayor Olson read City Engineer Warder's memorandum regarding the Port of Port Angeles' Shoreline Permit application for maintenance dredging ' of Terminal 1, north end of Cedar Street. Councilman Haguewood moved the Council approve the Port of Port Angeles' Shoreline Permit as re- commended by City Engineer warder. The motion was seconded by Council- man Buck and carried. 8. BOARD OF ADJUSTMENT APPOINTMENT Councilman Hordyk submitted the name of Malachy McCormick to the Council for consideration. Councilman Ross moved the Council appoint Malachy McCormick to the Board of Adjustment for a four year term of office. - Councilman Haguewood seconded the motion and it carried. 9. LIQUOR LICENSE APPLICATION Notification from the Washington State Liquor Control Board of a Class A liquor license application for Skippers Fish and Chips, Penn and Front Streets, is noted for the record. 10. LATE ITEMS A. Parking at Civic Field Manager Whorton briefly summarized his memorandum to the Council on the possibility of purchasing or trading property to enhance parking at Civic Field. The property in question is located in Block 2, Doyles Sub- d];vision, Lots 14 through 20, and all are owned by Mr: R.G. King. Council- man Ross moved the Council authorize the City Manager to contact Mr. King - and submit an offer for the properties< The motion was seconded by Councilman Buck and carried. B. Civic Field Renovation Project Manager Whorton briefly reviewed Parks Director Frizzell's memorandum regarding a request by B.J.S.S. to hire a licensed surveyor, Peterson 3`3~ CITY COUNCIL MEETING July 27, 1977 VT LEGISLATION 10. Cont. and Associates for necessary site survey to determine the legal bound- aries and accurate field grades for the Civic Field renovation project. Manager whorton pointed out to the Council that the EDA grant approval is expected around the 15th of August and construction must begin with- in 90 days. If the $854,000 grant is approved the survey cost of $4,460. will be a reimbursable item. However, if the grant is not awarded, the City must bear the cost. With Council approval, Peterson and Associates will begin August 1st and have the survey completed on or about August 9th or 10th. Upon receiving the X854,000 grant, BJSS will proceed with their accelerated time schedule for the project. Councilman Hordyk then moved that because of the critical time frame the Council accept Peterson and Associates' proposal of $4,460. to complete a site survey to determine the legal boundaries and accurate field grades at Civic Field. The motion was seconded by Councilman Buck and carried with Councilman Wray voting "N0." C. Firefighters Local #656 Councilman Hordyk moved the Council authorize the Mayor and the City Manager to enter into the proposed three-year agreement with the Fire- fighters Local #656. Councilman Buck seconded the motion and it carried. VII STAFF REPORTS 1. Councilman Ross: Informed the Council that the County Comprehensive Plan is eliminating practically all industrial zoning except in the City of Port Angeles and requested that the County be encouraged to leave existing industrial zoning in the Carlsburg and Blyn peninsula areas. Councilman Ross then moved the Council send a Resolution to the County Commissioners requesting they share the burden of placing industry in our , County by retaining those zoning. Councilman Hordyk seconded the motion and it carried with Councilman Anderson voting "NO." Resolution NO. 23-77 A RESOLUTION of the City Council of the City of Port Angeles respectfully requesting the Clallam County Commissioners and Planning Commission to set aside additional property for Industrial Development in the Comprehensive Plan. Read an article on clean water from a Crown Z Resource Magazine. Councilman Ross then moved the Council send a Resolution to our Elective Representatives in Washington D.C. requesting that they consider easing the requirments of the Clean Water Act of 1983. Councilman Hordyk seconded the motion and it carried. Resolution No. 24-77 A RESOLUTION of the City Council of the City of Port Angeles respectfully requesting Congress to amend the Clean Water Act of 1972 (P. L. 92-500). Checked with Attorney Walrath regarding information on Contract Zoning. 2. Councilman Hordyk: Thanked the City Attorney and Director of Public Works Flodstrom for their information on the gravity system for a Ranney Collector on the Elwha River. Commented on the number of cases going through the Municipal Court. Recommended that if the DSHS letter is recieved on Friday, a letter be sent to HUD asking them to release appropriations as the City- has complied. CITY COUNCIL MEETING ~~~ July 27, 1977 VIi STAFF REPORTS Mayor Olson: Read a congratulatory letter from Mr. Jim Cord on the new curb ramp heights and pedestrian crossings. Councilman Wray: Commented on the Airstream trailers parked in the Roosevelt Jr. High School yard and thanked Lincoln Park for taking care of these tourists also. ' S. Councilman Anderson: Commented on the still present energy problem. VIII A17,TOURNMENT The meeting adjourned at 9:45 P.M. to an Executive Session to discuss the Stephens Law Suit, the Water Law Suit and Labor Relations. ~%l.lli i~»J . ~i.7/tJslrl.~ ~~ ~ C~~ City Clerk Mayor 71577 NOTICE OF - 71577 NOTICE OF t F CALL FOR BIDS CALL FOR BIDS I i NOTICE is hereby given that ~ NOTICE is hereby given that8 sealed bids will be received by sealed bids will be received by the Ci1Y Manager, City of Pori the City Manager, City of Port Angeles, 140 W. Front Street, P.O. Box 711, Port Angeies,~ Angeles, 140 W. Front Sireet,l Part Angeles, 111 Vyashingfon, 98362, until 2:001 , P O. Box 98362, until 2:00 ton hin `'f P.M. Frida Jul 29, 1977, and w e , g as ~ July 29, 1977, and:; ida the City 111 r ject all bids i tl ft th ~ y, P.M. Fr 'The City wdl relect all bids) 1 rece ve a er e schetluled closing tFme and date, and will received after the scheduled 11 time and date, and will i l f be opened publicly aT that time!- for furnishing the followi - ng [ os ibe opened publicly ai-that time i ng equipment and-or material: ng~ .for furnishing the fpllow m t i e r One (1) Used Late Model (1 jegOn Model Late Usetl 6,000 Ib. Lift Truck f Bid specifications may be I 6,000 Ib. Lift Truck ecifications may be Bid s PP. obtained Ifrom~ the City Manager's Office, P.OR. Box p obtained from the City Manager's Office, P.O. Box 711, City Hall, Port Angeles, WA 98362 I 711, City Hall, Port Angeles, WA 98362 ~ A cert hied check or bid band A certified check or bid bond `for 5 percent of the amount off the bid shll accompan each jfor 5 percent of the amount of h y ' bid. All bids to include delivery Fihe bid shll accompany eac Ali bids to include delivery id F.O.B. Port Angeles, f I Washington. A . b F.O.B. Port Angeles,i _ • ~, , Bids will be opened and ) Washington. Bids will be open tl 1 ~- tabulated for the City Council ~ for onsiderati b i Counc tabulated for The City I c on y sa d Council in session August 10, ~ for consideration by said il in session August 10, 1977. The Council reserves the ` right to Consider delivery timed Counc 1977. The Council reserves the I t to consider delivery Time and to accept or to relect any or ; f righ and to accept or to relect any or , all bids ar any part thereof. 1 The unit price shall prevail ` all bids or any part thereof. The unit price shall prevai! J and the City reserves the right 1 nd the City reserves the right! to correct any e~~~~~~tensions or ~ a to correct any extensions or+ improper sales. - Pub.: July 15 22, 77. improper s~p7les taxes- ` , f977. 22 5 -Jul/1 b _ -y- , ' , ` .: Pu 1