HomeMy WebLinkAboutMinutes 08/15/19891412
I CALL TO ORDER
Mayor McPhee called the regular meeting of the Port Angeles City Council to
order at 7:00 P.M.
II PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led by Mayor McPhee.
III SWEARING IN OF NEW COUNCILMEMBER
Acting Clerk Headrick administered the oath of office to Prosper Ostrowski and
thereafter Councilman Ostrowski was seated with the Council. Councilman
Ostrowski assumed the seat of former Councilman Sam Haguewood.
Following the swearing in, Councilman Ostrowski thanked all who had helped him
attain this position.
IV ROLL CALL
Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hordyk, Lemon,
Ostrowski, Sargent.
Members Absent: None.
Staff Present:
Public Present:
V APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 1. 1989
Councilman Hordyk moved to accept and place on file the City Council meeting
minutes of August 1, 1989. Councilman Lemon seconded the motion.
Councilman Hallett referred to Item #6, page 6, Civil Service Rules and
Regulations, and requested the minutes reflect that he did not vote on the
matter because he was not aware that any action was being .taken.
On call for the question, the motion carried.
VI FINANCE
None.
VII CONSENT AGENDA
CITY COUNCIL MEETING
Port Angeles, Washington
August 15, 1989
Manager Flodstrom, Attorney Knutson, Acting Clerk Headrick,
J. Hicks, M. Cleland, L. Glenn, J. Pittis, B. Titus, D.
Wolfe, 0. Miller.
C. Tinney, B. McDowell, G. Braun, N. Martin, L. Beil, M.
Fitzpatrick, P. Alexander, D. Dumdie, K. L. Rose, D.
Vincent, C. White.
Councilman Hordyk moved to accept the items listed under the Consent Agenda,
including (1) Request to call for bids on DelGuzzi Drive L.I.D. Signals; (2)
Request to call for bids on McDonald Street watermain replacement; (3)
Correspondence from Washington State Liquor Control Board; (4) Vouchers of
$226,783.80; and (5) Payroll of 8 -6 -89 of $253,682.54. Councilman Sargent
seconded the motion.
During discussion on the motion, Mayor McPhee voiced his opposition to the
traffic signal at the intersection of DelGuzzi Drive and Highway 101. He felt
that even though the cost of the light will be paid by the developers, the City
still must maintain it, and there is no need for a traffic signal so close to
Golf Course Road.
Councilman Hallett asked Public Works Director Pittis about the timing sequence
of the light, current and future users of DelGuzzi Drive, and whether traffic
signals had ever previously been part of an L.I.D. Director Pittis explained
that the light will be actuated by traffic coming from DelGuzzi Drive (green
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CITY COUNCIL MEETING
August 15, 1989
on SR 101) and will allow traffic to turn west toward town. The Super 8 Motel
is currently the only user of the street; however, commercial properties will
have access and home sites are being planned by the developers.
Councilman Hordyk asked whether the Police Department approved or disapproved
of the Special Occasion liquor license application for Derbyaires (Derby Days).
Police Chief Cleland responded that the Police Department had no objections to
the application.
Councilman Lemon also voiced his objection to the DelGuzzi Drive /SR 101 traffic
light.
On call for the question, the motion carried, with Mayor McPhee and Councilman
Lemon voting "No
VIII ITEMS FROM THE COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA
Bill McDowell, 318 East Front Street, congratulated Councilman Ostrowski; and
requested he be allowed to speak on legal procedures related to the Sign
Ordinance and the current lawsuit brought against the City by several Downtown
merchants. This was added as Agenda Item #10.
Jerry Cornell, 1019 East Ninth Street, requested that if a Real Estate Committee
meeting is scheduled to discuss Item #7, he, as a member of the North Olympic
Library System Board, be allowed to attend the meeting to speak on another
matter.
Jim Cammack 3752 Hill Circle, questioned the Council as to why the proposed
Civil Service Rules and Regulations had been tabled by the Council at their
August 1st meeting; and asked when they would be considered. Mr. Cammack, as
a member of the Civil Service Commission, had taken time from a family vacation
to drive back to Port Angeles to attend the meeting and was concerned that the
Rules and Regulations had not been discussed or acted upon.
Councilman Hordyk objected to Mr. Cammack alluding to the Council "railroading"
the proposed Rules and Regulations, and noted that several citizens spend their
own time and money to sit on various committees or boards and if Mr. Cammack
found that a hardship, perhaps he should resign from the Civil Service
Commission. Councilman Hordyk pointed out that the information was presented
to the Council just a few days before the August 1st meeting and as such, he
did not have an opportunity to talk to Police or Fire Department personnel prior
to the meeting.
Mr. Cammack stated if that was the case, he would apologize to the Council, as
it was his understanding that the information had been presented to the Council
two weeks prior to the August 1st meeting.
Councilman Lemon then explained why he was unable to answer Mr. Cammack's
questions prior to this meeting, and noted that he had requested additional
information on the proposed Rules and Regulations from the Personnel Manager.
That information was included in this meeting's Information Packet and addressed
several of Councilman Lemon's concerns.
In response to a question from Councilman Hallett, Manager Flodstrom stated if
no additional information is requested by the Council, this item will be placed
on the agenda for the September 5th meeting. It will be up to the Council
whether or not to take it from the table.
Councilman Sargent stated she felt the Council owed Mr. Cammack an apology for
the abruptness of their action at the August 1st meeting. For the record, she
also did not hear the Mayor call the Council back to order after the break,
but she was aware that the time was drawing near to reconvene and she took her
seat.
Councilman Hallett requested that a discussion on the Harbor Resource Management
Plan be placed as Item #11 on the agenda; and discussion on the proposed Humane
Society agreement be placed as Item #12.
Councilman Sargent noted that during the summer, it is very difficult to contact
youth groups which can lead the Pledge of Allegiance at the beginning of Council
meetings. She suggested that any other groups who are interested in leading
the Pledge of Allegiance should contact the City Manager's office.
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August 15, 1989
IX LEGISLATION
1. Presentation of Certificate to Mike Fitzpatrick
Mayor McPhee read a letter and presented a certificate from Governor Booth
Gardner to Volunteer Firefighter Mike Fitzpatrick, who has been appointed to
the Governor's State Board for Volunteer Firefighters. Mr. Fitzpatrick, a 38-
year veteran of the Port Angeles Volunteer Fire Department, stated he was
honored and pleased to represent the City of Port Angeles on the State Board.
2. Public HearinE: Svndal Street Vacation Request STV- 89(07)6
Councilman Sargent moved to concur with the recommendation of the Planning
Department and continue this item to the September 19, 1989, meeting. The
motion was seconded by Councilman Hallett and carried unanimously.
3. Planning Commission Minutes of August 9. 1989
A. Conditional Use Permit CUP 89(6)11 LindberE Associates /Port
Angeles Shake Shingle
Councilman Sargent moved to concur with the recommendation of the Planning
Commission and approve the request for a Conditional Use Permit to allow a shake
and shingle mill in the LI, Light Industrial District, located at the Airport
Industrial Park, subject to the following conditions: (1) A street access plan
to the Industrial Park be submitted to the Public Works Department prior to the
issuance of a building permit and must be in compliance with the Environmental
Impact Statement for development at the Airport Industrial Park; (2) A site plan
shall be submitted to the Planning Department; said plan shall indicate the
location, extent, and design of all project components. The site plan shall
include off street parking and a drainage plan for the site, to be approved by
the Public Works Department. In addition, the vegetative buffer, as proposed
in the original site plan, shall be included, with exclusion of vehicular access
from the south of the site; (3) A building plan shall be submitted for review
by the Building Section of the Public Works Department, and by the Fire
Department, to ensure that the building meets those requirements necessary to
comply with the Uniform Building Code, the Uniform Fire Code, and to assure that
the acoustical design of the building is incorporated into this structure; and
citing the following findings of fact: (A) The proposed shake and shingle mill,
as conditioned, can comply with the purpose of the Light Industrial District,
because mitigation measures included in the conditions of approval will assure
that the nuisance factors of noise and dust associated with a shake and shingle
mill and log yard will be reduced so that the proposed use is compatible with
the surrounding property in the Airport Industrial Park and with the residential
uses to the north of the proposed mill; (B) Design review of the access and site
plan by the Public Works Department and the Planning Department will be directed
toward reduction of the noise impacts from the project and ensure that road and
vehicular impacts are reduced to maintain public safety; (C) this use has been
conditioned to ensure that it shall not be detrimental to the health, safety,
and welfare of the general public or to the surrounding industrial properties.
Councilman Hallett seconded the motion.
During the discussion which followed, Councilman Hordyk and Planner Miller
discussed whether there will be any burning on -site. Planner Miller responded
that none has been proposed by the applicant. Councilman Hordyk then requested
the Council approve the addition of Condition #4, which states no burning will
be allowed on -site. Councilmen Sargent and Hallett agreed.
On call for the question, the motion carried unanimously.
B. Shoreline Manaeement Permit SMA- 89(08)101 Ediz Hook Services
Councilman Hallett moved to concur with the recommendation of the Planning
Commission and approve the request for a Shoreline Substantial Development
Permit to allow the construction of a 16' x 18' office adjacent to an existing
crew shack over an existing dock, located in the M -2, Heavy Industrial District,
1226 Ediz Hook Road, subject to the following conditions: (1) Prior to issuance
of a building permit, a structural analysis of the dock and piling will be
submitted to the Public Works Department; (2) An off street parking plan shall
be submitted to the Public Works Department prior to issuance of a building
permit; (3) The project shall comply with State and local Fire Codes, plus must
meet height and other requirements of the Flood Plain Ordinance; and citing the
following findings: (A) The use, as proposed, can be consistent with General
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Regulations C.1 and C.4, and Land Use Elements D.1.a. and D.1.b; (B) The
proposed attached addition to the existing office building and dock should not
significantly affect the Harbor use and public activities. The motion was
seconded by Councilman Sargent and carried unanimously.
C. Parking Variance PKV- 89(08)5 White
Councilman Sargent moved to concur with the recommendation of the Planning
Commission and approve the request for a parking variance for a reduction of
the required 14 parking spaces to 11 spaces, to allow the construction of a two
story structure with office space on the first floor and an apartment on the
second, located in the CSD -C1 Community Shopping District at 216 East Fifth
Street, subject to the following condition: (1) A parking plan layout must be
submitted with the building permit to assure compliance with the requirements
of the Public Works Department specifications for the layout of an eleven -space
parking lot with one handicapped stall on -site; and citing the following
finding: (A) Eleven parking spaces on -site for the two 1,000 square -foot
businesses and one single unit second story apartment dwelling appear to be
adequate to assure compliance with the purpose of the Parking Ordinance No.
1588, as amended, and in compliance with Comprehensive Plan Circulation policy
No. 18. The motion was seconded by Councilman Gabriel and carried unanimously.
D. Conditional Use Permit CUP 89(08)14 Davis
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CITY COUNCIL MEETING
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Councilman Hallett moved to concur with the recommendation of the Planning
Commission and approve the request for a Conditional Use Permit to allow a
duplex to be located in the RS -7, Residential Single Family District, located
on the northeast corner of 15th and "I" Streets, subject to the following
conditions: (1) Both 15th Street and the 14/15 alley will need to be extended
to the east property line with a minimum of a 20 -foot wide all weather road
surface; (2) Lots 11 and 12 must be legally combined into one lot by filing a
Zoning Lot Covenant with the Planning Department; and citing the following
findings: (A) The proposed duplex meets the minimum lot area specified in the
Zoning Code; (B) The dwelling units will not significantly change the population
density in the area or significantly increase the traffic on abutting streets.
The motion was seconded by Councilman Gabriel.
Following a brief discussion with Planner Miller regarding the neighborhood
concerns that a rental duplex would devalue the property, the motion carried
unanimously.
E. Rezone Request REZ- 89(08)6 Lemon
Mayor McPhee announced he would abstain from any discussion /action on this
matter because of a possible conflict of interest. Councilman Lemon abstained
also, as he is the applicant.
Councilman Hordyk moved to set a public hearing for the September 5, 1989,
Council meeting to hear the request to rezone property presently being used as
a neighborhood market, from RS -7, Residential Single Family, to CSD -N,
Neighborhood Community Shopping District, located at 1105 South Eunice Street.
The motion was seconded by Councilman Gabriel.
During the discussion which followed, Council and staff discussed the Planning
Department's request to set this matter for a public hearing.
Bill McDowell, 318 East Front Street, addressed Attorney Knutson concerning the
appearance of fairness doctrine and asked why Mayor McPhee and Councilmen Lemon
were participating in the discussion on the motion and had not left the room.
Attorney Knutson replied that normally, under the doctrine, those who have
disqualified themselves would not participate in any discussion and would leave
the room. However, in this case, the Council is setting a public hearing date,
which is a formality only and a non discretionary decision. Mayor McPhee has
participated only to facilitate the conduct of the meeting and Councilman Lemon
has participated only to answer a question, as the applicant.
On call for the question, the motion carried, with Mayor McPhee and Councilman
Lemon abstaining.
F. Zoning Code Amendment: CSD -N. Community Shopping District
Councilman Hallett moved to direct the Planning Commission to consider a Zoning
Code Amendment to the CSD -N, Community Shopping District Chapter of the Zoning
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CITY COUNCIL MEETING
August 15, 1989
Ordinance, at their September 13th meeting and bring the matter back to Council
when they have taken action. Councilman Sargent seconded the motion.
In answer to a question from Councilman Gabriel, Planner Miller noted that at
present, there is no CSD -N Zone within the City limits.
During further discussion, Councilman Hordyk requested a report from staff on
the pros and cons of a CSD -N Zone.
Councilman Hallett pointed out that this is a Planning Commission matter and
the Commission should be allowed to consider the pros and cons of the proposed
Zoning Code Amendment and make a recommendation to the Council.
Councilman Lemon concurred that any information should be submitted after the
September 13th Planning Commission meeting and what is in the Code at present
should be utilized.
Planning Commission member Larry Leonard asked Attorney Knutson whether the
Planning Commission can consider a Zoning Code amendment without first being
directed to do so by the City Council. Attorney Knutson replied that they
could.
On call for the question, the motion carried unanimously.
G. Acceptance of Minutes
Councilman Hallett moved to accept and place on file the Planning Commission
minutes of August 9, 1989. The motion was seconded by Councilman Sargent and
carried.
4. Street Vacation Reouest Port Angeles School District STV- 8910717
This item was removed from the agenda.
5. Resolution: Abatement of Overgrown Lots
Mayor McPhee read the Resolution by title, entitled
RESOLUTION NO. 21 -89
A RESOLUTION of the City Council of the
City of Port Angeles, Washington,
declaring the existence of a public
nuisance and requiring the elimination
of such nuisance.
Councilman Hordyk moved to pass the Resolution as read by title. Councilman
Hallett seconded the motion.
Mayor McPhee requested any comments from the audience. There were none, and
on call for the question, the motion carried unanimously.
6. Committee Assignments for Councilman Ostrowski
Councilman Sargent moved to request Councilman Ostrowski assume the Committee
assignments previously held by Councilmen Stamon and Haguewood, as follows
(A) Utility Advisory Committee; (B) DWI Task Force; (C) Muac..... B.,al d; (D) Senior
Citizen Advisory Board; (E) Centennial Committee; (F) Clallam Transit Board;
(G) Puget Sound Health Systems. The motion was seconded by Councilman Hordyk
and carried unanimously.
7. Reconsideration of Street Vacation Compensation: B. Clevenger
Mayor McPhee read a letter from Bill Clevenger requesting reconsideration of
the compensation amount of $9,261 for street vacation STV- 89(03)3, portion of
Cherry Street south of the 1/2 alley.
Councilman Hordyk moved to refer Mr. Clevenger's request to the Real Estate
Committee and schedule a meeting date. The motion was seconded by Councilman
Lemon and carried unanimously.
A Real Estate Committee meeting was scheduled for August 17th at 2:00 P.M. in
the Council Chambers.
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8. Proclamation: Walkabout '89 Week
9. Schedule Utility Advisory Committee Meeting
10. Discussion with Bill McDowell
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CITY COUNCIL MEETING
August 15, 1989
Mayor McPhee read a proclamation proclaiming the week of August 20, 1989, as
Walkabout '89 Week.
Councilman Hordyk, Chairman of the Utility Advisory Committee, commented briefly
on the important role of the Committee and the serious subjects which they are
considering; i.e., telecable rates, Solid Waste, and secondary treatment issues,
etc. These issues may affect the citizens of Port Angeles dramatically in the
future, and Councilman Hordyk stressed the importance of attendance and
representation on the Committee.
The Council scheduled a UAC meeting for August 24, 1989, at 8:00 A.M.
Prior to Mr. McDowell's presentation, Attorney Knutson stated he had contacted
Mr. McDowell prior to the meeting to inform him that he had a concern, as the
City's Attorney, with discussing strategy matters involving litigation in
public; the Open Public Meetings Act and the attorney /client privilege gives
the City the opportunity to discuss such matters in executive session. He also
expressed to Mr. McDowell that there is an ethical obligation on the part of
the attorney not to discuss litigation matters with the other party to the
lawsuit, and that should not be done unless the other party's attorney consents.
Attorney Knutson stated he would not consent to strategy matters being discussed
in an open public session unless he has a chance to speak to the Council about
it beforehand.
Mr. McDowell indicated he would restrict his comments to factual matters
regarding the judicial system; however, Attorney Knutson cautioned the Council
about establishing a precedent where attorneys come before the Council and try
to persuade them as to what course of action should be taken in a given
litigation.
Councilman Hallett and Attorney Knutson then discussed whether others could be
present in the Council's executive session; i.e., another attorney, to discuss
possible litigation settlement. In Attorney Knutson's opinion, the attorney/
client privilege is one of the reasons for executive session and the other
attorney being present would negate that particular reason. Attorney Knutson
stated it would be up to the Council to decide whether they wanted to listen
to Mr. McDowell; however, he again cautioned the Council about possibly setting
a precedent for discussing strategy matters regarding litigation before it has
been discussed in executive session.
During further discussion, Mr. McDowell stated he would explain briefly, without
asking for any response from the Council, two infrequently used judicial
procedures which may speed up resolution of the lawsuit brought against the City
by several Downtown merchants. The Council can decide in executive session
whether or not to use these procedures.
Attorney Knutson responded that he has discussed these procedures with Mr.
McDowell and would discuss them with the Council in executive session. They
could then decide which direction to take in regard to the litigation. When
asked by Mayor McPhee what his preference would be, Attorney Knutson responded
his preference would be that the Council discuss strategy matters involving
litigation with the City Attorney only.
Mr. McDowell then pointed out that he intended to present two legal procedures
for consideration only no discussion. These two procedures may allow all of
the litigation which has been filed against the City (in regard to the Sign
Code) to be resolved while all those concerned are seated as members of the
Council.
Councilman Hordyk then moved that since the City has received a Notice of
Appearance and a Summons, the Council be addressed on this matter by the City
Attorney only and not by the plaintiff. Councilman Lemon seconded the motion,
and it carried, with Councilmen Hallett, Ostrowski, and Sargent voting "No
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CITY COUNCIL MEETING
August 15, 1989
11. Status of Harbor Resource Management Plan
Councilman Hallett asked Manager Flodstrom about the current status of the
Harbor Resource Management Plan. Manager Flodstrom explained that Councilman
Lemon and Planner Miller have met with representatives from the Port to put the
Plan into final form for consideration by the Port and City Council. The Port
Commissioners are currently in the process of reviewing modifications to their
Comprehensive Plan which would be required if they adopt the Harbor Plan as it
currently exists. Following the Port's action, it would be appropriate for the
Council to review the Harbor Plan and consider adoption.
Planner Miller stated that following staff review, he felt the Harbor Plan was
a land use document and should be reviewed by the Planning Commission prior to
Council review. The Planning Commission is currently reviewing the Compre-
hensive Plan as part of their long -range agenda, and a concurrent review of the
Harbor Plan would be in order.
Following further discussion, Manager Flodstrom suggested the Council wait until
the Port is finished with their review and adoption of the Harbor Plan. It
would then be easier for the Planning Commission and Council to consider the
document and move toward finalization.
12. Humane Society Agreement
Councilman Hallett noted that there were two issues in the revised proposed
Humane Society Agreement which had been deleted from the original proposed
Agreement: (A) Hours of operation open on Saturday; and (B) Accountability
mandatory audits. Councilman Hallett felt these were two important issues and
requested the proposed Humane Society Agreement be discussed at the September
5th meeting. Manager Flodstrom will contact the Humane Society concerning
these two issues prior to the next meeting.
X CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS
Councilman Hallett thanked staff for the memo in the Information Packet
concerning a license fee for liquor establishments, and stated this is an issue
which merits Council consideration as a policy item.
Councilman Hordyk noted the resignation of Carl Alexander as the Citizen -at-
Large representative on the Utility Advisory Committee and moved the Council
accept his resignation from the UAC with regret, and thank him for the time and
effort he expended on the Committee. The motion was seconded by Councilman
Hallett and carried. Councilman Hordyk then requested the City Manager
advertise as soon as possible for Mr. Alexander's vacant position.
Councilman Sargent reported that the City Centennial Birthday Party plans are
proceeding. Also, one of the Council Goals this year was a new Senior Center
housing all of the senior providers in town, and she has initiated some action
toward that Goal there are two Committees working on this at present.
Councilman Hallett asked Public Works Director Pittis about the status of the
improvements to McDougal Street. Director Pittis stated the Public Works
Department has received over 30 commitments from the 35 property owners in the
McDougal Street area to be improved. The Department is attempting to get the
improvements done as soon as possible.
Mayor McPhee announced that the City has been presented with a plaque from the
Washington State Emergency Management Association for the most training done
throughout the State in 1989 for emergency preparedness.
Manager Flodstrom introduced Brad Collins to the Council. Mr. Collins is the
new Planning Director and will be starting with the City on September 18th.
Manager Flodstrom thanked the members of the Planning Commission and City
Council who were part of the Selection Committee, and gave a special thanks to
Otto Miller who has served as the Acting Planning Director for the past eight
months and has done an outstanding job.
Planner Miller than addressed the Council to thank the Associate Planner, Sue
Roberds, for all the assistance she has given him over the past eight months,
and to welcome Mr. Collins to the City.
Councilman Hordyk gave Mr. Miller a personal thank you for a job well done.
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Councilman Sargent also thanked Mr. Miller and Sue Roberds for a job well done.
XI ADJOURN TO EXECUTIVE SESSION
Mayor McPhee adjourned the meeting to an executive session at 8:35 P.M. to
discuss litigation. Approximate time, 15 minutes.
XII RETURN TO OPEN SESSION /ADJOURNMENT
The meeting returned to open session at approximately 9:15 P.M. and was
adjourned.
CC.99
Acting Clerk
Mayor
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