HomeMy WebLinkAboutMinutes 11/21/1989I CALL TO ORDER
Mayor McPhee called the regular meeting of the Port Angeles City Council to
order at 7:03 P.M.
II PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the Flag was led by the Friendly Teddy Bears
Campfire Group, leader Donna Ball; members present Amber Brinkman, Alisha
Sutton, Nicole Crumb, Sarah Cornell, Cathy Watson, Marsha Longmeier, Sarah
Jensen, and Erika Ralston.
III SWEARING IN OF SAM HAGUEWOOD
CITY COUNCIL MEETING
Port Angeles, Washington
November 21, 1989
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Mayor McPhee noted that the swearing in of Mr. Haguewood would not take place
because of a legal complication and Mr. Haguewood has agreed to not sit on the
Council.
IV ROLL CALL
Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hordyk, Lemon,
Sargent.
Members Absent: None one position vacant.
Staff Present:
Public Present:
VI FINANCE
Manager Flodstrom, Attorney Knutson, Clerk Maike, S.
Brodhun, M. Cleland, B. Collins, L. Glenn, J. Pittis, B.
Titus, D. Wolfe, G. Kenworthy, C. Jones, K. Ridout, S.
Roberds.
E. Tuttle, K. L. Rose, H. Berglund, D. Rudolph, L. Beil,
L. Ross, M. Merrick, A. Hansen, K. Sweeney, S. Everett, C.
Williams, D. Buts.
V APPROVAL OF MINUTES OF REGULAR MEETING OF NOVEMBER 7. 1989
Councilman Hordyk moved to accept and place on file the minutes of the November
7, 1989, regular City Council meeting. Councilman Lemon seconded the motion,
which carried unanimously.
1. Consideration of Acceptance of Bid on Surplus Property (Fine Art Center
Property)
Councilman Sargent moved to accept the bid of $25,300 submitted by Colin
Konopaski on surplus property, Lots 15 and 16, Block 211, TPA, and that the
Council authorize staff to proceed with the closing. 6ouncilman Lemon seconded
the motion.
Councilman Sargent asked when the balance of the payments would be made.
Manager Flodstrom stated it is a one -year contract, with an interest rate of
10%.
A short discussion followed regarding the terms of the contract and the interest
rate. The motion carried unanimously.
2. Consideration of Requests for Proposals on Underground StoraEe Tanks
Councilman Hallett moved that the Council authorize the Administrative Services
Department to enter into contract negotiations with Hart Crowser, Inc., and that
negotiations include (1) the orderly removal of all City underground storage
tanks in accordance with all applicable Federal, State and local regulations;
and (2) the design and cost estimates of replacement facilities, as yet to be
determined; the contract to be returned to the Council for approval. Councilman
Hordyk seconded the motion.
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CITY COUNCIL MEETING
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t Z I OR i
Councilman Sargent asked whether there was a budget figure on this item.
Manager Flodstrom stated currently there is no money available in the 1989
Budget; however, discussions have been made to include money in the 1990 Budget.
Staff has opted not to include any money until more information is available.
Councilman Lemon expressed concern regarding the issue, as he believed that
one side of the issue was left open, which is the aspect of the project and
designing new facilities; secondly, staff has narrowed this down to three
professional consulting services, without obtaining any monetary figures for
the pricing; and lastly, what is the length of the contract.
Mayor McPhee stated he understood Councilman Lemon's concerns; however, the
contract will be coming before the Council for its approval.
The motion was voted on and carried unanimously.
3. Reouest for Progress Payment to Olympic Electric for Work on DelGuzzi
Drive /State Route 101 of $18,599.20
Councilman Hordyk moved to authorize progress payment to Olympic Electric for
work on DelGuzzi Drive /State Route 101 of $18,599.20, less the retainage fee
of $927.96. Councilman Hallett seconded the motion, which carried unanimously.
VII CONSENT AGENDA
Councilman Sargent moved to accept the items as listed on the Consent Agenda,
including (1) Request permission to call for bids for transformers; (2)
Correspondence from Washington State Liquor Control Board; (3) Vouchers of
$247,892.47; and (4) Payroll of 11 -17 -89 of $244,118.20. Councilman Hordyk
seconded.
Following discussion of the items as presented, the motion was voted on and
carried unanimously.
VIII ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA:
Mayor McPhee added Agenda Item 10, Discussion of City Manager Resumes.
IX LEGISLATION
1. Public Hearing
A. Street Vacation Reouest STV- 89(9)7 Port Angeles School District
(Continued from 10 -3. 10 -17. and 11 -3)
Councilman Hallett moved to continue Street Vacation Request STV- 89(9)7 to
the December 19, 1989, City Council meeting. Councilman Gabriel seconded the
motions
Manager Flodstrom noted that the continuance of this item is the result of some
difficulty reaching an agreement for the sewer easement. Shelter Resources,
the party purchasing this property, has requested thfl item be continued to the
December 19th meeting.
The motion carried unanimously.
B. Zoning Code Amendment ZCA- 89(10)8 CSD -N. Community Shopping
District. City -wide: Consideration of Proposed Revisions to the
CSD -N Chanter of the City's Zoning Code
Mayor McPhee opened the public hearing at 7:22 P.M.
Craig Miller, representing Linda Bien, owner of Market Basket, noted that the
Zoning Code amendment is the result of an application for a rezone which was
filed by Ms. Bien and eventually denied by the City Council. Mr. Miller stated
he is in favor of the proposed Ordinance, noting that the rezone requests now
have to meet specific conditions and requirements, and urged the Council to
approve passage.
ORDINANCE NO. 2553
AN ORDINANCE of the City of Port Angeles
amending Article IV, Section 6, Ordinance
1709, the CN, Neighborhood Commercial
District.
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CITY COUNCIL MEETING
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It was noted that the draft Ordinance presented to the Council included
supermarkets under Section 17.23.040 Permitted Uses; that this use should be
stricken from the section of the Ordinance.
There being no further comments, Mayor McPhee closed the public hearing at 7:26
P.M. He then read the Ordinance by title, entitled
Councilman Hallett moved to adopt the Ordinance as read by title. Councilman
Hordyk seconded the motion.
Councilman Hallett commended the Planning Commission for a job well done on the
Zoning Code amendment.
Mayor McPhee pointed out there was no map of this zoned area and asked whether
the public would have an opportunity to speak on any proposed zone changes with
regard to this issue.
Planning Director Collins stated there is no map because there is currently no
area of the City designated for CN or CSD -N, and in the instance that a site
specific rezone is to occur for designation of this type of area, public
hearings would be held.
Mayor McPhee expressed his concern that a self service laundry would be a
permitted use in this zone, as they are not always staffed and therefore can
be a gathering place for undesirable activities in the evening.
Director Collins stated this was not explored; however, the Ordinance has been
amended to restrict the hours of business to the hour of 10:00 P.M. unless an
Conditional Use Permit has been applied for and granted; noting this is a use
in the original Ordinance.
Mayor McPhee stated he would be opposed to the Ordinance; however, he questioned
Attorney Knutson as to whether or not he should abstain from this vote, as he
is the owner of commercial property and is the closest owner of a store to the
Bien property. He stated this issue left an uncomfortable feeling with him as
to what it could do to residential neighborhoods.
Attorney Knutson stated that the appearance of fairness doctrine did not apply,
because the proposed ordinance is a City -wide legislative action.
The motion was voted upon and carried, with Mayor McPhee voting "No
C. DECLARING SURPLUS PROPERTY Report from Audit Committee
Mayor McPhee opened the public hearing at 7:34 P.M. There being no public
comment, he then closed the public hearing.
Councilman Hordyk moved to declare the property surplus
amounts as follows: 1981 Harley Davidson Motorcycle, $3
$1,000; three (3) 1980 Dodge Sedans, $850 each; 1974
Toyota Pickup, $850; 1980 Dodge Pickup, $550; 1972 Ford
Ford Pickup, $750; 1979 Chevrolet Pickup, $650; further
a public auction. Councilman Hallett seconded the
unanimously.
2. Plannine Commission Minutes of November 8, 1989
A. Rezone Request REZ- 89(07)5 Del Hur. Inc.. DelGuzzi Drive: Request
for rezone of approximately 36 acres from RS -9. Residential Single-
Family (Continued from the September 13. 1989. meeting)
Councilman Hallett moved to continue this item to the December 19, 1989, City
Council meeting. Councilman Lemon seconded the motion, which carried
unanimously.
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and to set minimum bids
,500; 1979 Dodge Sedan,
Dodge van, $500; 1981
Dump Truck, $950; 1979
to direct staff to hold
motion, which carried
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B. SHORELINE MANAGEMENT PERMIT SMA- 89(10)103 PORT OF PORT ANGELES.
Boathaven. Marine Drive. Request for oermit to allow 14 pilings to
be used to secure launch ramp floats at Boathaven M -2, Heavy
Industrial District
Councilman Sargent moved to concur with the recommendation of the Planning
Commission for approval of the Shoreline Management Permit subject to the
following condition: (1) Department of Fisheries and State and local health
agency guidelines be observed; citing the following findings and conclusions:
Findings: (A) The proposed pilings for boat launch float moorage is an
expansion of the permitted Boathaven and Marine use; (B) A SEPA Determination
of Non Significance has been issued for this proposal by the Port of Port
Angeles; (C) Fifteen policies and use regulations from the Port Angeles
Shoreline Master Program and the Port Angeles Comprehensive Plan, as cited, are
applicable to the Shoreline Permit application; Conclusions: (A) There will
be no significant adverse impact from the proposed use on the Boathaven
operation, aesthetics, and fisheries resource; (B) The proposed boat launch
float moorage piling are consistent with the requirements of the Port Angeles
Shoreline Master Program, Comprehensive Plan, and Zoning Code. Councilman
Gabriel seconded the motion.
Councilman Hordyk asked Ken Sweeney, Port of Port Angeles representative,
whether this request would interfere with the parking spaces at the boat launch.
Ken Sweeney, representing the Port of Port Angeles, explained that the request
will not affect the moorage of boats in the Boathaven, but is only a safety
measure which will allow the storage of the floats to be more secure by adding
pilings. He did not anticipate any changes in the way this has been handled
in the past.
The motion carried unanimously.
C. CONDITIONAL USE PERMIT CUP 89(11)18 BOURGET Sixth and "E"
Streets: Request for permit to allow four duplexes to be constructed
in the RS -7. Single Family Residential District.
Councilman Lemon moved to table action on this issue until the December 5, 1989,
City Council meeting. Councilman Hordyk seconded the motion, which carried 5
1, with Councilman Hallett voting "No
Councilman Lemon noted that he has requested tabling the action on this issue
as the Council has not had sufficient time to review the request.
D. CONDITIONAL USE PERMIT CUP 89(11)20 BRUMMETT Lower Elwha Road:
Request for a Permit to allow animal husbandry in the LI. Light
Industrial District
Councilman Sargent moved to concur with the Planning Commission recommendation
to approve the Conditional Use Permit, subject to the following conditions:
(1) The Conditional Use Permit for agricultural use will cease with the
termination of the lease with the Port; (2) Accessory to the agricultural use,
a mobile home may be located on -site with an administrative temporary permit;
and citing the following findings and conclusions: Findings: (A) The Port of
Port Angeles approves the application; (B) Animal husbandry (pasturing of
horses) is a conditional use within the LI, Light Industrial District; (C) The
subject property is located by rural residential and agricultural uses; (D)
Residential uses are not permitted as principle uses in the LI, Light Industrial
District; Conclusions: (A) The Port can control uses that may be adversely
affected by airport operations or future industrial use expansion; (B) The site
is physically suited for the proposed use; (C) The use is compatible with
surrounding property uses in the vicinity; (D) This use, as conditioned, will
not be detrimental to the health, safety, comfort, or welfare of the general
public, nor defeat the purpose of the LI, Light Industrial Zone, by introducing
uses that are not conditional to long -term Port activities; (E) Temporary,
permitted accessory uses, including a residential mobile home, can be permitted
as conditioned, with an administrative temporary use permit. Councilman Hordyk
seconded the motion, which carried unanimously.
3. Planning Commission Minutes of November 14. 1989
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CITY COUNCIL MEETING
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E. CONDITIONAL USE PERMIT EXTENSION CUP 88(09)19 HO WILLIAMS. 350
Viewcrest Extension request to allow continuation of a beauty shop
as a Home Occupation, located in RS -7. Single Family Residential
District (Referred from the September 21. 1989. Administrative
Hearing)
Councilman Lemon moved to concur with the recommendation of the Planning
Commission to approve the extension request, subject to the following conditions
and citing the following Findings and Conclusions: (1) One 2A1OBC fire
extinguisher shall be installed (and serviced on a yearly basis as required by
the UFC, or more frequently, if needed) and a smoke alarm provided; (2) The
hours of operation shall be limited to 9:00 A.M. to 5:00 P.M., Monday through
Saturday; (3) No more than two customers at a time shall be scheduled for an
appointment on the premises at any one time; (4) This extension is valid for
a one -year period; Findings: (A) Complaints have been received, both during
the year of operation and at the public hearing; (B) There have been up to three
customers on the premises at one time and up to ten customers in a day; (C) Home
occupations are allowed insomuch as they mitigate the outward appearance and
impacts of the commercial activity on the principally permitted residential
uses; Conclusions: (A) The convenience of customers is subordinate to the
considerations of neighboring residents, particularly with regard to hours of
operation; (B) Extension of hours and conditions of approval are not appropriate
until conflicts with residential uses have been resolved; (C) Problems
generating complaint can be mitigated by conditions as stated; (D) The proposed
home occupation for a beauty shop does not involve equipment or other processes
which introduce noise or hazards in excess of those normally found in
residential areas; (E) Provided the conditions are enforced, the home occupation
will not significantly increase local vehicular or pedestrian traffic; (F)
Provided the conditions are enforced, the proposed beauty shop should not
endanger the public health, safety, morals, or welfare of the community.
Councilman Hordyk seconded the motion. The question was voted on and the motion
carried unanimously.
F. Acceptance of the Minutes of the Planning Commission Meeting of
November 8. 1989
Councilman Hordyk moved to accept and place on file the Planning Commission
meeting minutes of November 8, 1989. Councilman Gabriel seconded the motion,
which carried unanimously.
A. ZONING CODE AMENDMENTS CBD. LI. M -2 Zoning Districts and Map area
wide. and Block 2. Tidelands West of Laurel Street. Harbor Lease Area
#PA87 -01
Councilman Lemon moved to set a public hearing for the December 19, 1989, City
Council meeting. Councilman Sargent seconded the motion, which carried
unanimously.
Planning Director Collins clarified that this is to rezone property to CBD.
Mayor McPhee questioned Attorney Knutson on the appropriateness of Council
members receiving information from individuals regarding this issue. Attorney
Knutson explained that Councilmembers should not receive any information on
rezone proposals from anyone, except staff members, outside of the public
hearing process. Rezone proposals are quasi judicial and the Appearance of
Fairness Doctrine applies.
4. Request to Circulate an Annexation Petition Fairmount Area. South of
Lauridsen Boulevard
Councilman Hallett moved that the petition be forwarded to the Planning
Commission for review and recommendation. Councilman Sargent seconded the
motion, which carried unanimously.
5. Request from Salvation Army to Use Old City Hall Building for Collection
and Distribution of Food and Toys During the Holiday Season
Councilman Sargent stated this is a permitted use of City property and is a very
worthy cause and a pressing need in our community. She moved that the Council
allow the Salvation Army to use part of the old City Hall Building for
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CITY COUNCIL MEETING
November 21, 1989
distribution of food, clothing, and toys, between the dates of November 22nd
through December 29th, with the provisos: (1) They pay utilities, heating,
and phone charges; (2) The space be cleaned up after use. Councilman Hallett
seconded the motion, which carried unanimously.
6. Request for Acceptance of High Hazard Traffic Grants for Fifth and Peabody
Streets and Second and Cherry Streets
Director of Public Works Pittis gave a brief overview of the projects, stating
the issue before the Council is whether to accept the funding from the
Department of Transportation Federal Aid Program which provides assistance in
the areas designated as high hazard /high accident. The City has submitted as
projects a signal at Fifth and Peabody, a signal at Eighth and "C" Streets,
signalization upgrade at First and Peabody, and guardrail placement at Second
and Cherry. The State has offered to fund a signal at Fifth and Peabody and
guardrails at Second and Cherry.
Councilman Hallett moved that the City Council accept the grants for the Fifth
and Peabody signal and the Second and Cherry guardrail, and authorize the Mayor
to sign the Department of Transportation City /County Agreement for Preliminary
Engineering for these projects. Councilman Sargent seconded the motion, which
carried unanimously.
BREAK
Mayor McPhee recessed the meeting for a break at 8:05 P.M. The meeting
reconvened at 8:20 P.M.
7. Travel Request Port Angeles Police Department Asst. Chief Myers to
Review Computer Hardware and Software for Law Enforcement Uses
Councilman Sargent moved to approve the out -of -state travel for Assistant Chief
Myers to Atlanta, Georgia. Councilman Hallett seconded the motion.
Councilman Hallett noted that Assistant Chief Myers will be traveling with
Undersheriff Dan Engelbretson from the Sheriff's Department to review computer
programs which will help in the implementation of the Consolidated Dispatch
services.
The motion was voted on and carried unanimously.
8. Set Interview Dates for Candidates for Planning Commission Vacancy
Councilman Lemon moved to set a special meeting at 6:00 P.M. on December 5,
1989, prior to the regular meeting of the City Council to interview applicants
for the Planning Commission vacancy. Councilman Sargent seconded the motion,
which carried unanimously.
9. Establish Schedule for Preliminary Budget Presentations and Public Hearing,
Councilman Hallett moved to set budget presentation dates for Thursday, November
30th, 6:00 P.M. to 9:00 P.M.; Friday, December 1, 1989', 6:00 P.M. to 10:00 P.M.;
and Saturday, December 2nd, 9:00 A.M. to 1:00 P.M. Councilman Sargent seconded
the motion, which carried unanimously.
The public hearing was set for December 5, 1989, at the City Council regular
meeting.
10. Discussion of Resumes for City Manager Position Mayor McPhee
The Council discussed the issue of resumes being received for the position of
City Manager. It was decided that the draft job flyer would be approved and
sent to interested applicants upon request; additionally, that the Mayor will
log in the resumes which he has received to date. They will be given to the
Personnel Office to be distributed among Councilmembers.
X CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS
Councilman Sargent thanked the Council for giving her the opportunity to
represent the City of Port Angeles at the Armistice ceremony in Victoria, B.C.
She noted that the "Yes to Youth" group is meeting regularly and plans are going
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well. Additionally, that the City's 100th Birthday Celebration plans are
forging ahead and the $2,700 seed money given by the Council to the Committee
bought tee shirts and pins. To date, $2,400 worth of tee shirts have been sold.
Councilman Hordyk expressed his concern regarding a large semi -truck blocking
traffic as it backs up into the Coca -Cola Bottling Co. on East Front Street.
He stated traffic has been backed up and has blocked the intersection and he
was concerned about the Medic I unit not being able to gain access through the
area. He requested the Police Department investigate this issue and correct
it. He noted during the inception of the Medic I Advisory Board a citizen -at-
large position was incorporated into that Board. This person is now an employee
of the City of Port Angeles and he felt this person should be removed from the
Advisory Board and a citizen be placed in that position. Another item which
he brought to the Council's attention was a conflict of interest between a Civil
Service Commissioner and the contract which he holds with the City of Port
Angeles. He believed one or the other should be given up, by the individual's
choice. Councilman Hordyk then moved that these people be removed and replaced.
Councilman Lemon seconded the motion.
Councilman Gabriel asked Attorney Knutson to respond to these issues.
Attorney Knutson responded that if it is a requirement of the Ordinance forming
the Medic I Advisory Board and if there is an at -large position, that the
Council could take the view that the City employee does not qualify as being
an at -large member. If a motion to that effect were to pass, he suggested the
person be advised of the Council's position and asked to resign. Regarding
the second issue, there are no City contracts with the Civil Service Commission
which come under his authority. Therefore, it was his opinion there is not a
conflict of interest under the State Conflict of Interest statute.
In response to a following question from Councilman Lemon, Attorney Knutson
explained that he wasn't aware of any actual appearance of fairness problems
that had arisen due to the Civil Service Commissioner's contract with the City.
Councilman Hallett stated these questions raise some good issue and requested
the staff research further these questions and bring the information back to
the Council.
Following discussion of the issue, Councilman Hordyk withdrew the motion.
Councilman Lemon withdrew his second, and requested an opinion from the City
Attorney regarding the issues.
Councilman Hallett noted the Council had received a letter from Jefferson School
about Officer Richard Veum for good service.
from the City Council would be in order.
attention Item 6 on the Information Agenda,
and Model Conservation Standards, which may
for the Utility Advisory Committee.
Councilman Gabriel suggested the Council set guidelines on the distribution of
funds from the Hotel /Motel Tax.
Mayor McPhee noted this was the last meeting where Councilman Hordyk would be
seated. He thanked him for his time on the Council, pointing out that
Councilman Hordyk has served without pay.
XI ADJOURN TO EXECUTIVE SESSION
None.
XII ADJOURNMENT
Councilman Hordyk moved for adjournment. Councilman Lemon seconded the motion,
which carried unanimously. The meeting adjourned at 8:55 P.M.
Clerk Mayor
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CITY COUNCIL MEETING
November 21, 1989
He felt a letter of commendation
He also brought to the Council's
the Northwest Energy Code Program
be a potential item of discussion
