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HomeMy WebLinkAboutMinutes 10/15/1985 414 CITY COUNCIL MEETING Port Angeles, Washington October 15, 1985 I CALL TO ORDER Mayor Whidden called the meeting to order at 7:03 P.M. II ROLL CALL I Members Present: Mayor Whidden, Councilmen Gerberding, Hordyk, Quast, Schermer, Stamon. Members Absent, Councilman Haguewood. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson, P. Carr. M. Cleland, R. French, J. Marsh, L. Glenn, J. Pittis, R. Orton, A. Rose, S. Brodhun, D. Wolfe, R. Dyker, J. Abernathy, K. Ridout, N. Wells. Public Present: J. & J. Merryfield, A. Walker, P. vance, C. Eldred, D. Edgmon, L. Sunny, R. Page, J. Hallett, S. Fahnestock, G. Miller, L. Ross, F. McPhee. III MINUTES Councilman Gerberding moved the Council accept and place on file as received the minutes of the October 1, 1985, meeting. Councilman Schermer seconded and the motion carried. IV CONSENT AGENDA Councilman Hordyk moved the Council accept the items listed under the Consent Agenda, including (1) Request for payment to the Port of Port I Angeles of $9,266.41 for City of Port Angeles' share of Harbor Management Plan; (2) Request for progress payment for work on 8th & Peabody signal to Breaker Construction of $31,615.62; (3) Request for payment of retainage to Hoch Construction for Fire Hall Addition of $1,189.01; (4) Request permission to call for bids for single phase residential electric meters; and (5) Vouchers of $1,390,601.92 and payroll of 10-6-85 of $209,917.96. Councilman Gerberding seconded. Following discussion of the installation of the 8th and Peabody traffic signal, on call for the question, the motion carried. V FINANCE Payment to Riddell Williams for Legal Representation on WPPSS Issues Authorized Councilman Hordyk moved to approve payment of the October 4, 1985, Riddell, Williams bill in the amount of $10,324.17. Councilman Schermer seconded and the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Judy Merryfield, 1230 West Lauridsen Boulevard, addressed the Council, referring to a letter she had sent to the City Attorney and the City Council requesting City water service. Manager Flodstrom explained that the Merryfield residence was located in an area for which an annexation petition had been authorized to Jerry Austin. Following further discussion Councilman Quast moved that water service be supplied upon receipt of a valid annexation petition. Councilman Schermer seconded. Councilman Hordyk suggested adding the requirement of a non-protest letter to an annexation prior to receiving water service. Councilman Quast concurred. Following discussion, on call for the question, the amended motion carried. I ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA Councilman Hordyk added Item No. 20, Discussion of a Load Limit on Hill Street. I I I CITY COUNCIL MINUTES October 15, 1985 Councilman Quast added Item No. 21 (if adequate time existed), Discussion of Items from the Information Agenda. Councilman Schermer also noted his concern regarding Hill Street. VII LEGISLATION I. Presentation of Certificate of Competency - Charles Gagnon Mayor Whidden presented a Certificate of Competency as a Water pollution Control Plant Operator from the Washington State Department of Ecology to Charles Gagnon. Jim Abernathy accepted the award in Charlie I s behalf. Congratulations, Charlie! We're very proud of you! I-A Street-Wise Program Presentation Jeff Lunt of Port Angeles High School addressed the Council, explaining the Operation Street-Wise Program which is designed to make people think about drinking and driving. It was created by KOMO-TV, Channel 4, to prevent drinking and driving in high school. A free dance and $500 will be awarded to the school that sells the most tee-shirts promoting Operation Street- wise. Jeff then presented order forms to Counci1members and staff for Operation Street-Wise tee-shirts. 2. Public Hearings A. Ordinance Adopted Prohibiting Discharge of Septic Wastes into Port Angeles Treatment Plant Mayor Whidden read the Ordinance by title, entitled: ORDINANCE NO. 2358 AN ORDINANCE of the City of Port Angeles, Washington, regulating the discharge of septic tank, cesspool, holding tank, chemical toilet, portable toilet and privy wastes into the public sewer system; and amending Section 4 of Ordinance No. 2324. and opened the public hearing. Phil Vance, 592 Black Diamond Road, re- quested the Council reconsider adopting the Ordinance and allow septic wastes to be accepted into the City's Sewer Treatment Plant. Upon request from Mayor Whidden, Public Works Director Pittis addressed the audience, explaining that the City's NPDES permit requires the City meet certain requirements. He stated allowing septic wastes, which are roughly 170 times stronger than regular wastes, to be accepted into the sewer system exceeds the criteria of the Permit. He explained further that meetings had taken place with County commissioners to discuss various alternatives, including the development of an alternate treatment plant or the use of County-wide treatment plants. He explained that knowingly allowing the discharge of hazardous substances could result in grand jury indictment. He explained that the Department of Ecology had advised staff that a compliance schedule committed to by the City to the Department of Ecology was the only legal way the City could continue to exceed effluent discharges as well as toxic materials. Glenn Brown of Arrow Septic then addressed the Council, quoting his price for pumping a septic tank, stating his price had not increased in six years. During discussion with Manager F10dstrom, Mr. Brown indicated that having to transport the waste to another dump site, such as Bremertonwould triple the cost of pumping a septic tank. He also stated that he did not know whether Bremerton or Tacoma would accept septic waste. Henry Hamm, County Health Officer, then addressed the Council. Mr. Hamm confirmed that allowing this septic waste into the system does cause the system to overdrive, creating a problem as far as Port Angeles and the law ~ concerned. Mr. Hamm felt this did create the possibility of a health hazard but not an imminent threat. Upon inquiry from Councilman Quast, Mr. Hamm explained that the treatment plant being upgraded by the County in Sekiu/Clallam Bay could accommodate 1,600 gallons (approximately one and one-half truckloads per day) of this type of waste when the secondary treatment phase is complete. 415 416 CITY COUNCIL MINUTES October IS, 1985 Councilman Quast reviewed other possible sites, such as Sequim and Olympic National Park. Mr. Hamm indicated he had received no confirmation as to whether these locations would accept this type of waste. Agness Walker of Olympic Disposal in Sequim then addressed the Council, stating Sequim does not accept outside sludge. She further stated that the Forks treatment plant has not been constructed and will not be ready for over a year. she stated the Olympic Park System is used by the Park, being pumped out and brought into the Port Angeles system. She stated that the Cla1lam Bay/Sekiu facility will take one load per day for three days per I week. She stated with the six dumpers in the area, the current sites available could not accommodate the west end or any other part of town. Assistant Public Works Director Andy Rose reported to the Council on a meeting held with representatives from the County and all septic pumpers, stating this meeting had resulted in a consensus that City officials, County officials and septic pumpers should collectively pursue a solution to the problem, hopefully with the cooperation of other municipalities in C1a1lam and Jefferson Counties that are not currently accepting wastes from their own cities. Following further lengthy discussion, Councilman Quast moved to adopt the Ordinance as read by title, to become effective November 20, 1985. He noted that this was not the City's problem; that this was the problem of two Counties, the Washington State Ferry System, and possibly the Air Force. Councilman Schermer seconded. Councilman Gerberding instructed staff to contact the Washington State Department of Ecology, requesting a written time-line, should the City come up with a proposal for a solution to the problem. Councilman Stamon noted that whatever the solution to the problem was going to be, it would be expensive. Following discussion with the City Attorney, on call for the question the motion carried. Commissioner Duncan informed those present that the County would also be working toward a solution and that 30 days should be adequate time in which a time-line could be established for resolution of the problem. B. Gund Plaza Street Vacation - Public Hearing Continued Mayor Whidden explained that the applicant had requested postponement or continuance until November 5th. Following discussion with Attorney Knutson, Mayor Whidden opened the public hearing and asked for comments. There were none. Councilman Quast then moved to continue the public hearing until November 5, 1985. Councilman Stamon seconded and the motion carried. 3. Planning Commission Minutes of October 9, 1985 A. Temporary Use Permit Granted - Anna Doss Request has been made for a Temporary Use Permit allowing a travel trailer to be located in the RS-7, Single-Family Residential District as a tempor- ary residence, located at 1702 West Fourth Street. Councilman Hordyk moved to concur with the Planning Commission I s recommendation to grant the Tem- porary Use Permit. Councilman Stamon seconded, adding that the Temporary Use Permit was Subject to the conditions of the Planning Commission as follows: (1)" That the underlying RS-7 setbacks be met by the trailer; (2) That a smoke detector and fire extinguisher be installed in the trailer; (3) That direct sewer and water services be installed to the trailer; (4) That a permanent pole, meter and electrical service be provided, per the requirements of the Light Department; (5) That the travel trailer only be occupied by Mrs. Doss's son and it be removed when the need for the travel trailer no longer exists; (6) The permit shall be for no more than two years unless an extension is requested and the need demonstrated; and citing the following findings: (A) The utilities are available to the lot and adequate for an additional dwelling unit on the property; (B) The subject parcel is sufficiently large for an additional dwelling unit as a temporary use. On call for the question, the motion carried. B. Conditional Use Permit Granted for One Year - Donald Edgmon Request has been made for a Conditional Use Permit which would permit a manicurist's salon as a Home Occupation in the RS-7, Single-Family Residen- tial District, located at 1309 East Fourth Street. Councilman Quast moved I I I I I CITY COUNCIL MINUTES October 15, 1985 to concur with the Planning Commission's recommendation and grant the Con- ditional Use Permit, subject to the following conditions: (ll The hours of operation be from 9 AM to 7:30 PM; (2) One 2A10BC dry chemical fire extin- guisher be installed per NFPA No. 10 and citing the following findings: (Al The Home Occupation will not introduce excessive noise, vibration, odor, or light into this residential area; (B) It will not significantly increase vehicular or pedestrian traffic in this residential neighborhood; (C) The Home Occupation will not adversely affect nearby residential properties; (D) It will not endanger the public health, safety, morals or welfare and is in the public interest. Councilman Stamon seconded. Coun- cilman Hordyk noted concern over the 7:30 PM closing time, as opposed to a 5 PM closing time. City Planner Carr noted that the applicant had indicated he would be operating business by appointment only and would not anticipate a large volume of individuals at the residence at one time. Donald Edgmon, applicant, then addressed the Council, stating that there would only be one customer after 5: 30. He stated he could only do one customer in every hour and a half. Councilman Hordyk added the amendment tha t the Conditional Use Permit be issued for one year only, subj ect to review at that time. Following discussion, Councilman Quast concurred with the amendment. On call for the question, the amended motion carried. C. Planning Commission Minutes Accepted and Placed on File Councilman Stamon moved to accept and place on file the Planning Commission minutes of October 9, 1985. Councilman Quast noted the need for a correc- tion in the sixth line on page 4 of the minutes. On call for the question, the motion to accept the minutes as corrected carried. 4. Resolution Passed Setting Public Hearing Date for Street Vacation - Upper Pine Hill Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 32-85 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate portions of Lee Avenue, Washington Street and alley in Block 3, Fogarty and Dolan's Addition. Councilman Schermer moved to pass the Resolution as read by title. Councilman Gerberding seconded and the motion carried. s. Discussion of Public Realignment Input on Lincoln/Boulevard Intersection Councilman Stamon distributed copies of a letter she had received earlier that day from Eva Johnson of 118 West Boulevard. Mayor Whidden called a two-minute recess to enable Councilmembers and staff adequate time to review the letter. Following the recess, Councilman Stamon reviewed Mrs. Johnson's concerns, stating that her primary concern was the proposed blockage of traffic east and west bound on the Boulevard. She stated Mrs. Johnson was opposed to this blockage. She reported that she had attended the last portion of the neighborhood meeting and felt that most of the concerns of individuals had been addressed by modifications proposed by staff, other than the issue of east/west bound traffic. She felt reconsid- eration of the proposed blockage of east/west bound traffic might be in order. She also noted that she had spoken with the State Department of Transportation. Mr. Dier of 104 East Boulevard, felt more time should be spent talking with members of the neighborhood about the proposed revision. Mr. Dier was opposed to the revision taking approximately 5 feet of his driveway. Councilman Quast clarified that the driveway was public right-Of-way. Mr. Dier felt he should have been consulted prior to the development of the proposal. Ron Richards, 313 East 12th, supported continuing through traffic eastbound on Lauridsen Boulevard. Mr. Richards then suggested several revisions to the proposal of the Public Works Department. Councilman Quast reviewed some of the reasons for staff's recommended design for the revision, in- cluding an attempt to slow traffic down. Police Chief Cleland felt this 417 418 CITY COUNCIL MINUTES October 15, 1985 was the best design to slow drivers down and get them acclimated to City driving after leaving Highway 101. Mr. Richards readdressed the Council, stating he did not see much of a speed problem in that area. He recom- mended more speed limit signs be installed, as an alternative to blocking east/westbound traffic. Cliff Fors of 517 Black Diamond Road then addressed the Council, opposing the revision and recommending the intersection be left as it currently exists. Public Works Director Pittis, explained the redesign was intended to reduce I conflict points where an increased potential for traffic accident(s) exists. He stated the Public Works Department believes that the design shown will 'provide safer. truck traffic. The Council and staff discussed the matter extensively. Leo Sunny, 127 West Third, felt the intersection as it exists creates a significant problem and felt it should be revised. Councilman Quast moved to accept the proposed but modified design by staff at this time; to be observed and reviewed after one year. Upon request, Councilman Quast clarified this would be the design that was established after the neighboorhood meeting at Jefferson School without the straight- away. Councilman Schermer seconded. Councilman Gerberding spoke against the motion, favoring an alternative leaving straight-through access east from Highway 101 to Lauridsen Boulevard, feeling that the installation of a median and other revisions could slow traffic down. Councilman Stamon concurred with Councilman Gerberding and spoke in opposition to the motion. On call for the question, the motion failed, with Councilmen Quast and Schermer voting "Aye" and Councilmen Gerberding, Stamon and Hordyk voting IINolI, Councilman Stamon then moved to accept the alternative intersection allow- ing straight-through motion on a six-month trial basis. Councilman Hordyk seconded. Following discussion, Councilman Stamon amended the motion that I the trial period be one year. She also added to the motion that the curve be made slight enough to eliminate the need to remove the pole, etc., to reduce costs. On call for the question, the motion carried. Councilman Stamon added for the record the recommendation that in the future, staff develop preliminary designs, take them to the public in the area for comments and questions, and after receiving those comments and questions, then develop final design standards to be presented to the Council. Councilman Gerberding recommended that the Planning Commission be brought into traffic flow matters in. the future. 6. Resolution Passed Declaring Intent to Expand the PBIA and Setting a Public Hearing Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 33-85 A RESOLUTION of the City of Port Angeles stating the City Council's intention to extend the boundaries of the Parking and Business Improvement Area and setting a time and place for a public hearing to consider such extension. I Councilman Schermer moved to pass the Resolution as read by title. cilman Stamon seconded and the motion carried. Coun- 7. Summary of Pollution Control Hearing Board's Denial of Secondary Treatment waiver Manager Flodstrom and Public Works Director Pittis updated the Council on the denial of a waiver for the construction of a secondary treatment facility in Port Angeles. Attorney Knutson reviewed three options avail- able as listed in an October 10, 1985, memorandum he had prepared. The Council and staff concurred to discuss the matter further in executive I I I CITY COUNCIL MINUTES October 15, 1985 session, as it involved litigation. Attorney Knutson reviewed the events which had taken place at the hearing. He stated that the City's evidence was conclusive and not rebutted at the hearing that secondary treatment would not have a measurable impact on the quality of the receiving waters in Port Angeles. A fact sheet from the Public Works Department was also presented to the Council, showing a history of what actions had occurred in the City's efforts to pursue a waiver from secondary treatment. indicating a significant amount of money had already been spent pursuing the matter. Councilman Quast instructed staff to schedule a public information hearing on the matter. 8. Contract Amendment Authorized to Delete City Hall, Police and Light Buildings from IBP Contract Councilman Quast temporarily left the meeting room. Councilman Schermer moved to authorize the Mayor to execute Amendment No. 3 to Washington State Energy Office Contract 84-080B. Councilman Gerberding seconded and the motion carried. 9. Acceptance of Work for City Buildings Energy-Efficient Lighting Retrofit Installation Councilman Stamon moved to authorize final payment on this contract with a 5% retainage. Councilman Gerberding seconded and the motion carried. 10. Cemetery Ordinance Amendments Adopted Following discussion with staff, Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2359 AN ORDINANCE of the City of Port Angeles amending various Cemetery regulations and amending Sub-Sections IV (a), V (b) and V (e) of Ordinance 1864 and Sections 2.48.020, 2.48.150, 2.48.180, and 2.48.190 of the Port Angeles Municipal Code. Councilman Hordyk moved to adopt the Ordinance as read by title. Council- man Stamon seconded. Following lengthy discussion over cash payments versus installment payments, on call for the question, the motion carried. 11. Reimbursable Work Agreement Authorized With Clallam County for County Roadway Striping Councilman Quast moved to authorize the Mayor to sign the agreement, re- questing more flashing lights or a different kind of a back-up vehicle be provided, due to increased speeds and decreased visibility on County roads. Councilman Gerberding seconded. Public Works Director Pittis explained that back-up would be provided by the County; only the paint striper would be provided by the City. On call for the question, the motion carried. 12. Letters of Resignation From Parks Board from Wendy Anderton and Terence Gilmore Councilman Quast moved to regretfully accept the resignations of the members of the Park Board and to open the positions for new applications through a public announcement. Councilman Schermer seconded and the motion carried, with Councilman Hordyk voting "No". feeling current applicants should be appointed. 13. Certification of Property Taxes for 1985 Councilman Quast moved to authorize the Mayor to sign the certification levy to the Board of County Commissioners. Councilman Schermer seconded and the motion carried. 14. Resolution Passed for Necessity to Reconstruct Sidewalks Mayor Whidden read the Resolution by title. entitled 419 420 CITY COUNCIL MINUTES October IS, 1985 RESOLUTION NO. 34-85 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the necessity for recon- struction of sidewalks for the public convenience and safety. Councilman Gerberding moved to pass the Resolution as read by title. Coun- cilman Hordyk seconded and the motion carried. 15. Proclamation - National Business and Professional Business Women I s Week - October 20th through 26th, 1985 Mayor Whidden declared October 20th through 26th, 1985, National Business and Professional Business Women's Week and urged all citizens in Port Angeles, all civic and fraternal groups, all educational associations, all news media and other community organizations to join in this salute to working women by encouraging and promoting the celebration of the achieve- ments of all business and professional women as they contribute daily to our economic, civic and cultural purposes. 16. Proclamation - American Energy Week - October 20th through 27th, 1985 Mayor Whidden proclaimed October 20th through 27th, 1985, American Energy Awareness Week, recognizing the integral value of continuing development of all our resources and technologies to the strength, prosperity, peace and freedom of our Nation and the free world. 17. Proclamation - Disability Employment Week - October 6th through 12, 1985 Mayor Whidden proclaimed October 6th through 12th, 1985, Disability Employ- ment Week in the City of Port Angeles and urged all citizens to join in observing these events so that we might help citizens with disabilities realize their true potential. 18. Utility Advisory committee Meeting Scheduled The Council scheduled a meeting of the Utility Advisory Committee for October 22, 1985, at 4:30 P.M. at City Hall, 140 West Front Street.. for the purpose of discussing Solid Waste Landfill rates, utility late-corner charge, Falls Creek Hydro, and City Light cost-of-service. 19. Park Board Minutes of September 19, 1985 Councilman Hordyk moved to accept and place on file the Park Board minutes of September 19, 1985. Councilman Gerberding seconded. Councilman Quast requested discussion of the tire disposal at the Cemetery be discussed at the next meeting. Manager Flodstrom requested the Coun- cil's indulgence to allow staff adequate time to develop alternative solutions to the problem. The Council publicly thanked the groups who donated the glass backboards for the Vern Burton Memorial Center. On call for the question, the motion carried. 20. Discussion of Load Limit on Hill Street Staff concurred to gather information to be brought back to the Council regarding the possibility of placing a load limit on Hill Street. 21. Discussion of Information Agenda Items Councilman Quast directed attention to items in the Information Agenda, specifically graphs from the Public Works Department showing statistics on the Landfill. He commended staff for the generation of tremendously more revenue. He also referred to the Water report. He also corrunended the Parks & Recreation Department for the fine developments noted in their monthly report, specifically events held in the Vern Burton Memorial Community Center and the recreational program. He also referred to the minutes of the Board of Adjustment. I I I I I CITY COUNCIL MINUTES October 15, 1985 Councilman Quast then moved that three times consecutive absence from Com- missions, Boards and Committees should be considered as a reason to ask for the resignation of the member unless mitigating circumstances prevai1. Councilman Gerberding seconded and the motion carried. VI II LATE ITEMS I Councilman Stamon referred to a letter from Steven Proctor, a longshoreman from Aberdeen, thanking Medic Aid for their assistance in rescuing him from the hold of a ship and to the hospital. Mayor Whidden noted that Tamasin Sterner and Sheila Hardy from City Light had been mentioned in the most recent Washington State Energy Office news- letter. He then reiterated what a fine staff the City has. Congratula- tions, Tamasin and Sheila! Mayor Whidden also noted that there would be a community blood drive October 21st from 12:00 Noon to 6:00 P.M. at the Vern Burton Memorial Community Center and requested participation in the blood drive. Manager F10dstrom presented a copy of the draft loan documents for the Waterfront Associates project loan from the City. Manager Flodstrom then reported to the Council on a recent City Hall view trip to various cities in Washington; specifically, Lynnwood, Kirkland, Redmond, Kent, Auburn and Tukwila. Councilman Hordyk complimented Kirkland for their city hall and encouraged individuals to view this city hall if they had the opportunity. Councilman Stamon commended the architects, Arai/Jackson & Lindberg for their attentiveness during the viewing of other city halls and for listening to all of the comments made. Manager Flodstrom noted the need for special attention to the heating, ventilation and air conditioning system. Councilman Quast requested discussion at the next City Council meeting of the new 'City Hall as the City's Centennial Project, to which contributions might be made by citizens of the community. IX ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT THE ON THE AGENDA None. X ADJOURN TO EXECUTIVE SESSION Mayor Whidden adjourned the meeting to executive session at 10:20 P.M. for the purpose of discussing potential litigation. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 10:50 P.M. XII ADJOURNMENT Mayor Whidden adjourned the meeting at approximately 10:52 P.M. ?::;.(hI)L' a ~~ Cler ~ y tU2~fU) Mayor '. 421