HomeMy WebLinkAboutMinutes 10/19/1982
350
CITY COUNCIL MEE'I'ING
Port Angeles, Washington
October 19, 1982
I CAIL TO ORDER
Mayor Duncan called the rreeting to order at 7:00 P.M.
II ROLL CALL
Merribers Present: Mayor Duncan, Council1nen Gerberding, Haguewood, Polhamus,
Quast, and Whidden.
Members Absent: Councilman Hordyk.
Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Lannoye,
P. Carr, L. Cosens, D. Frizzell, L. Glenn, J. Pittis,
R. Orton, G. Braun, D. VanHemert, B. Myers, F. Fischer,
M. Campbell.
Public Present: H. Frazier, A. M. and P. L. Martin, L. Ross, D. Hughes,
H. Berglund, L. Torres, T. Fraser.
III MINUI'ES
Councilman Polhamus moved the Council accept and place on file as received
the minutes of the October 5, 1982 rreeting. Councilman Whidden seconded
and the motion carried.
IV CONSENT AGENDA
I
Councilman Gerberding moved the Council accept the i terns listed under the I
Consent Agenda, including payment #1 to DellIur Construction Canpany for Old .
Mill Road Project; Washington State Liquor Control Board correspondence;
Vouchers of $357,299.76; and Payroll of $182,646.96. Councilman Polhamus
seconded and the motion carried.
V FrnANCE
1. Release Retainage - peninsula Excavating - Water Heater Wrap Program
Councilman Quast moved the Council concur with Light Director Cosens I
recaTlT'el1dation to approve the release of Peninsula Excavating's retainage
and bid bond as the contract for the Water Heater Wrap Program has been
carpleted. Councilman Whidden seconded and the motion carried.
VII.
ITEMS FROM THE AUDIENCE Nor ON THE AGENDA
Petition - ':l of 1% Local Option Sales Tax
Tim Fraser, representing the UptoNn Business Association, presented a
petition to the Council with approximately 749 signatures requesting a
roll-back of the recently enacted ~ of 1% Local Option Sales Tax and the
fOrIl\3.tion of a budget review cam1i.ttee, provided by the local business
cormnmity, to assist the City in exploring additional budget ..cuts before
new taxes are imposed.
2. ITEMS Fro.1 THE COUNCIL Nor ON THE AGENDA
Councilman Quast moved the Council appropriate $40 to purchase a wreath for
Remembrance Day in Victoria, Canada, on November 11th. Co~ciJ.man Whidden
seconded and the motion carried.
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351
CITY COUNCIL MEE.'I'ING
October 19, 1982
VII LEGISIATICN
1. Public Hearings.
A. Olympic Memorial Hospital Street Vacation
The Council continued this hearing to the November 16, 1982 maeting at the
request of the Hospital.
2. Planning Cam\ission Minutes of October 13, 1982
Mayor Duncan reviewed the Planning Cormri.ssion minutes of October 13, 1982
meeting with the following action being taken by the Council:
Shoreline Management Hearing - Betting
Councilman Quast IIDVed the Council schedule a public hearing to receive
public input on the Betting application for a Shoreline Substantial
Develq:ment Permit for establishment of a shoreside storage and supply
facility/fuel yard located at the west of TurmNater Street, south of Marine
Drive, north of Third Street. Councilm:m Gerberding seconded and the
IIDtion carried. Councilman Quast then rroved the Council table further
consideration of this rratter to the November 2, 1982 maeting; Councilm:m
Gerberding seconded and the notion carried.
Councilman Gerberding then IIDVed the Council accept and place on file as
received the Planning Ccmnission Minutes of October 13, 1982. Councilman
Whidden seconded and the notion carried.
Jerry Comell and Pat DoNnie, Planning Ccmnission rrernbers, then inquired as
to the status of the Camtission r s request for a cut-out and ramp on the
County Cormri.ssioner's dais in County Meeting Room 160 to acconmJdate a
Planning Camlission IreIl1ber in a wheelchair. Manager Flcx:lstran indicated
this request had been relayed to the County. The County has agreed to the
installation at the City's cost.
3. Permission to Request Proposals for Preliminary Feasibility Study of
Morse Creek Project
Councilman Quast rroved the Council approve Pader Manager Booth' s request to
ask for proposals fran hydroelectric engineering firms to assist the City
in analyzing the feasibility of constructing a hydroelectric site on Morse
Creek. Councilman Gerberding seconded and after a brief discussion
regarding the proposal, the notion carried. 'Legal".
I 1107
I REOUEST
'" ~~~:~~~~~~I~
" FEASIBILITY STUDY
Councilm:m Quast updated the Council on the recent fonnation ~ The Po r. An gel... .
subsequent legal action taken by the Fair Toll Coalition with rek Washington, Ci'Y Light
~ Deportment reques.ts pro-
Mayor Duncan then read bY pos"ls from profes.ional
~ engineering consultonting
I firms to investigate the
feosibility of developing
I hydf"oeleclrk power on Morse
Creek near Port Angetes.
I The feasibility study will in.
~ elude analysis 0' hydrologic
I dota, determination of power
I production, enolysis and
selection 'rorn vOl"fous alter-
natives of optimum plont (on-
figurations, prepora1ion of
I preliminary pront d~sjgn,
estimated costs o' construc-
tion ol1d power produc1ion,
end an onalysls o' en.
vlronmental concerns.
Proposals will be evaluated
on the following criteria: Pro-
ject p,opo.al (wo'~ pIon),
projec1 schedule:s. project
me111odology, expertise and
experience of the firm, key
personnel, 'Subc-onsultonts,
cost. and c:pplica1ion. Pro.
posals ore due November 29,
19S2. For the Reques. Far Pro-
posal and additionallnfQrma-
tion, please contact: Greg ;
Booth, Power Manager, Port I
Angeles City Light Depart.
ment, 240 West Front, PO Box \
1150, Po,' Angeles, WA
98362 "
Pub.: Nov. 7, 1982
4.
Fair Toll Coalition - Hood Canal Bridge
lowering the Hood Canal Bridge toll.
Resolution No. 37-82, entitled
PORI' ANGELES RESOLUTION NO. 37-82
A RESOLUTION of the City Councils of the Cities of
Sequim, Port Angeles, and Port TaNIlsend, the
~ Council of the City of Forks, the Boards of
County Carrnissioners of Clallarn and Jefferson
Counties, and the Board of Ccmnissioners of the
Ports of Port Townsend and Port Angeles, supporting.
the efforts of the Fair Toll Coalition to have the
Washington State Transportation Corrmission establish
a fair and reasonable toll for the Hood Canal Bridge.
Councilman Quast rroved the Council adopt the foregoing Resolutiol
by title and Councilman Whidden seconded. Councilman Gerberding l'
this Resolution supported a toll of $1.50 whereas the Council
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CITY COUNCIL MEEI'ING
October 19, 1982
VIJ; LEGISIATION
1. Public Hearings.
A. Olyrrpic MeIrorial Hospital Street Vacation
The Council continued this hearing to the November 16, 1982 meeting at the
request of the Hospital.
2. Planning Ccmnission Minutes of October 13, 1982
Mayor Duncan reviewed the Planning Ccmnission minutes of October 13, 1982
meeting with the following action being taken by the Council:
Councilman Quast IlDVed the Council schedule a public hearing to receive
public input on the Betting application for a Shoreline Substantial
Develq:rrent Pennit for establishrrent of a shores ide storage and supply
facility/fuel yard located at the west of Tunwater Street, south of Marine
Drive, north of Third Street. CouncilnEn Gerberding seconded and the
notion carried. COuncilnEn Quast then IlDVed the Council table further
consideration of this matter to the NoveIDer 2, 1982 _ting, cae" D.
Gerberding seconded and the nntion carried. j8
Councilman Gerberding then nnved the Council accept and place on I
received the Planning Ccmnission Minutes of October 13, 1982. . ,
Whidden seconded and the rrotion carried. I
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Councilroan Quast rroved the Council approve pavver Manager BOoth's j!I
ask for proposals fran hydroelectric engineering fi:rms to assist id
in analyzing the feasibility of constructing a hydroelectric site~
creek... Councilroan Gerberding ,second~ and after a brief disdJ.
regardmg the proposal, the nnt~on carrled. ~
~
Councilman Quast updated the Council on the recent fornation 01/
subsequent legal action taken by the Fair Toll Coalition with respect to
lowering the Hood Canal Bridge toll. Mayor Drmcan then read by title
Resolution No. 37-82, entitled
Shoreline Management Hearing - Betting
Jerry Cornell and Pat DcMnie, Planning Ccmnission Il'IE'lllbers, then i1
to the status of the Ccmnission I s request for a cut-out and r~
County Ccmnissioner's dais in COunty Meeting Roan 160 to accaImb
Planning Ccmnission rrember in a wheelchair. Manager Flodstran i'
this request had been relayed to the County. The County has agrell(
installation at the City's cost. ~
if
Feasibility ~
~
3.
Pennission to Request Proposals for Prelimincuy
Morse Creek Project
4.
Fair Toll Coalition - Hood Canal Bridge
PORI' ANGELES RESOLUTION NO. 37-82
A RESOLUTION of the City Councils of the Cities of
Sequim, Port Angeles, and Port Townsend, the
Town Council of the City of Forks, the Boards of
County Ccmnissioners of Clallam and Jefferson
Counties, and the Board of Ccmnissioners of the
Ports of Port Townsend and Port Angeles, supporting
the efforts of the Fair Toll Coalition to have the
Washington State Transportation Ccmnission establish
a fair and reasonable toll for the Hood Canal Bridge.
351
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COuncilroan Quast IlDVed the Council adopt the foregoing Resolution as read
by title and Councilroan Whidden seconded. Councilman Gerberding noted that
this Resolution supported. a toll of $1.50 whereas the Council had
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352
CITY COUNCIL MEE:rING
OCtober 19, 1982
previously supported a toll of $1.50 or less. After further discussion,
the notion to adopt the Resolution carried.
Co1mcilman Quast then rep:>rted the lawsuit brought by the Fair Toll
Coalition against the Washington State Deparl:Irent of Transportation could
cost up to approximtely $25,000. He noted that the Port of Port Townsend
has authorized a $2,000 contribution to the Fair Toll Coalition Legal Fund
and the Fund- has, at this time, also received contributions totaling $1,500 I
fran other supporters. He then rroved the City of Port Angeles contribute
$1,000 in cash and $1,000 in-kind services (City Attorney services) to the
Fair Toll Coalition Legal Fund. Councilman Gerberding seconded and the
notion carried. Co1mcilman Quast also urged all concerned citizens to IMke
a contribution to the fund.
5. City Ambulance
At the OCtober 5, 1982 neeting the Council had rroved to allow the Fire
Chief the authority to permit the use of the City ambulance outside the
City limits under emergency situations neeting certain conditions. Mayor
Duncan then read Resolution No. 38-82 by title, entitled
RESOLUTION NO. 38-82
A RESOLUI'ION of the City of Port Angeles
establishing procedures for the use of
the City I s back-up ambulance under existing
mutual aid agreerrents, and amending
Resolution 9-82.
Co1mcilman Whidden rroved the Council adopt the foregoing Resolution as read
by title1 Councilman Gerberding seconded and the notion carried.
6. Building Pemit Renewal Fees
Mayor Duncan sumnarized Public Works Director pittis I narorandum
_reC<:ll1reIlding passage of an ordinance revising the building pemit renewal
fees to a maximum of $30, as nany citizens are doing their own work and are
finding it difficult to carplete the work within the specified time period.
She then read Ordinance No. 2235 by title, entitled
Councilman Polhamus noved the Council adopt the foregoing Ordinance as read
by title. Councilman Whidden seconded and after a brief discussion the
notion carried.
7. Topless Dancing - Legal Opinion
At the September 2l, 1982 Council meeting the Council had instructed
Attorney Miller to investigate whether, and to what extent, the City I
Council may regulate topless male dancing and wet liT-shirt" contests within
the City of Port Angeles. Attorney Miller read a nemorandum to the Council
informing them of his research into the matter and legal opinion that the
City Council may, in its discretion, enact an ordinance regulating this
type of activity. Mayor Duncan then invited ccmrents fran the audience.
Gareth Osterberg, part CMner of the Rocker Tavern, and Glenn Smithson,
representing the 1890 Tavern, sp:>ke in disfavor of such regulation and
submitted a petition with approximately 250 signatures requesting the right
of the petitioners to choose the entertainIrent that they do or do not wish
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.352,
CITY COUOCIL MEETING
October 19, 1982
previously supported a toll of $1.50 or less. After further discussion,
the rrotion to adopt the Resolution carried.
Councilman Quast then reported the lawsuit brought by the Fair Toll
Coalition against the Washington State Depart:rrent of Transportation could
cost up to approx.iwate1y $25,000. He noted that the Port of Port Tarmsend
has authorized a $2,000 contribution to the Fair Toll Coalition lEgal Fund
and the Fund has, at this time, also received contributions totaling $1,500 I
fran other supporters. He then llDVed the City of Port Angeles contribute
$1,000 in cash and $1,000 in-kind services (City Attorney services) to the
Fair Toll Coalition Legal Fund. Councilman Gerberding seconded and the
notion carried. Councilman Quast also urged all concerned citizens to make
a contribution to the fund.
5. City Ambulance
At the October 5, 1982 rreeting the Council had llDVed to alleM the Fire
Chief the authority to permit the use of the City ambulance outside the
City limits under errergency situations rreeting certain conditions. Mayor
Duncan then read Resolution No. 38-82 by title, entitled
FESOLUTION NO. 38-82
A RESOLUTION of the City of Port Angeles
establishing procedures for the use of
the City I S back-up ambulance under existing
mutual aid agreements, and arrending
Resolution 9-82.
Councilman Whidden rroved the Council adopt the foregoing Resolution as read
by title; Councilman Gerberding seconded and the rrotion carried.
6 . Building permit Renewal Fees
Mayor Duncan sumnarized Public Works Director Pittis' rrarorandilll\
. reccmnending passage of an ordinance revising the building permit renewal
fees to a maxirnum of $30, as rreny citizens are doing their awn work and are
finding it difficult to cc.np1ete the work within the specified time period..
She then read Ordinance No. 2235 by title, entitled
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ORDINANCE NO. 2235
AN ORDINANCE of the City of Port Angeles,
establishing fees for renewal of Building
Pennits subsequent to the camencement of
construction, and arrending Section 1 of
Ordinance 2167, Section 2 of Ordinance
2140, and Section 14.04.030 of the Port
Angeles Municipal Code.
i{';:~' ,./,.'1',
'~['11
Councilman Polhamus llDVed the Council adopt the foregoing Ordinance as read
by title. Counci1man Whidden seconded and after a brief discussion the
mtion carried.
7. Topless Dancing - Legal Opinion
At the September 21, 1982 Council rreeting the Council had instructed
Attorney Miller to investigate whether, and to what extent, the City
Council may regulate topless male dancing and wet liT-shirt" contests within
the City of Port Angeles. Attorney Miller read a marorandilll\ to the Counciliinfonning them of his research into the matter and legal opinion th~t the
City Council may, in its discretion, enact an ordinance regulating this
type of activity. Mayor Duncan then invited ccmrents fran the audience.
Gareth Osterberg, part ONIler of the Rocker Tavern, and Glenn Smithson,
representing the 1890 Tavern, spoke in disfavor of such regulation and
submitted a petition with approx.iwately 250 signatures requesting the right
of the petitioners to choose the entertainment that they do or do not wish
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CITY COUNCIL MERl'ING
OctOber 19, 1982
to attend in the licensed premises of Port Angeles. Bob love, also
representing the 1890 Tavern, and Barbara Webster, 820 West lOth, Port
Angeles, also spoke in disfavor of regulation. Ann Dryke, Port Angeles,
Darry 1 Wood, Port Angeles, Mike Jones, Port Angeles, and Robert Dryke, Port
Angeles, all spoke in favor of the Council regulating this type of activity
in Port Angeles. After these ccmrents were received Councilman Gerberding
indicated his belief that it is beyond the scope of the City Council to
legislate norality and that rrorality can be taught instead by living it.
Councilman Quast then nvved the Council table further consideration of this
matter for the November 2, 1982 JTEeting. Councilman Polhamus seconded and
the notion carried.
8. WPPSS - Participants' Ccmnittee regarding Shearson/American Express ,j
Proposal 1\
At the October 5, 1982 COuncil JTEeting the Council had directed staff to
direct a letter to the Participants' Ccmnittee protesting the procedures
used at the Septenber 27, 1982 Participants' JTEeting with regard to the
presentation of the Shearson/Arrerican Express Refinancing Proposal.
Councilman Quast nvved the Council approve the draft letter included in the
agenda packet and authorize Light Director Cosens to dispatch it.
Councilman Whidden seconded and the motion carried.
9. Pres-Sure Matic, Inc., Lease Agrearent
Mayor Duncan referred the Council to Manager Flodstran 's rrerrorandum
regarding a proposed lease of City property at 4th and valley Streets to
Pres-Sure Matic, Inc., for their business premises. Councilman Quast nvved
the Council authorize the City Manager to execute the proposed lease
between the City and Pres-Sure Matic, Inc. COuncilman Gerberding seconded
and the IOOtion carried.
lO. Renewal of City Lease with DNR for Oak Street Property Harbor Area
Councilman Whidden nvved the Council authorize Mayor Duncan to execute the
renewal of the City lease with the Depart:Jtent of Natural Resources, Lease
No. HA-2568, for aquatic land at the foot of Oak Street. Councilman Quast
seconded and the notion carried.
11. .proclamation - National Business Warren's Week
Mayor Duncan procla:i1IErl the week of OCtober 17 - 23, 1982 as "National
Business Warren's Week" in Port Angeles.
12. Proclamation - Toastmasters International Week
Mayor Duncan proclaimed the week of October 24 - 30, 1982 as "Toastmasters
International Week" in Port Angeles.
13. Convention Center Status Report
Manager Flodstran requested this item be reconsidered at the November 2,
1982 JTEeting.
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14. Appointlrent to Clallam COunty Alcohol Advisory Board
Mayor Duncan appointed COW1cilroan Haguewood to serve as the City Council's
representative to the Clallam COW1ty Alcohol Advisory Board.
15. Petition for Annexation to City
Mayor Duncan referred the Council to a petition for annexation to the City
of Port Angeles of Blocks 3, 4 and B of Puget Sound Ccoperative Colony's
First Addition to Port Angeles, and that portion of Blocks 5, 6 and C lying
northerly of the 101 Highway. COW1cilroan Gerberding moved the COW1cil
refer this item to the Planning Ccmnission for their consideration and
recamendation. COW1cilman Whidden seconded. and the IOOtion carried.
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354
CITY COUNCIL MEETING
October 19, 1982
VIII IATE ITEMS
i
Regional Paver Council
Light Director Cosens advised the Council of a camnmication fran the
Regional Paver Council indicating their intent to rrake decisions regarding
utility rate-naking which, in staff's opinion, would infringe upon the
Council's legislative authority in this area. He reccmnended the Council
express their concems regarding this possible infringerrent and direct a
letter and presentation to the Regional Paver Council regarding this.
Councilman Quast noved the Council concur with Light Director Cosens'
reccmnendation. Councilman Gerberding seconded and cxmrended staff for
bringing this to the Council's attention. On call for the question the
notion carried.
IX ITEMS FROM THE AUDIENCE Nor ON THE AGENDA
Bob Levin, EOC Director, noted the Fair Toll coalition Legal Fund had to
this date received contributions totaling $1,500 fran the private sector.
IX ITEMS FroM THE O)UNCIL Nor ON THE AGENDA
Councilman Polhanus discussed providing transportation for individuals
departing fran the Coho Ferry to the Greyhound Bus Station and requested
the EOC contact Greyhound to detennine if they wished to provide this
service. He indicated the Transit System may be able to provide a shuttle
if Greyhound declines.
X ADJOURN TO EXEOJTIVE SESSION
The rreeting adjourned to an executive session at 8:30 P.M.
XI RETURN TO OPEN SESSION AND ADJOURNMENT
The rreeting returned to open session and adjourned at approximately 9 :40
P.M.
~~,..~j (g. /~
City Clerk
#~k~
Mayor
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