HomeMy WebLinkAboutMinutes 12/17/1985
CITY COUNCIL MEETING
Port Angeles, Washington
December 17, 1985
I CALL TO ORDER - SPECIAL MEETING
Mayor Whidden called the special meeting to order at 6:30 P.M.
III II ROLL CALL
Members Present: Mayor Whidden, Councilmen Gerberding, Hordyk, Quast,
Schermer, Starnon.
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Members Absent: Councilman Haguewood.
Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk
Anderson, P. Carr, M. Cleland, R. Saville, J. Hicks,
L. Glenn, K. Ridout, R. Orton, S. Roberds, D. Wolfe,
H. Hutchison, R. Dyker, S. Brodhun, J. Abernathy,
G. Booth, K. Loghry, D. Ellefson.
Public Present: L. Sunny, K. Sweeney, E. Roberson, N. Boyse, G. Miller,
L. Torres, L. Lee, J. Hallett.
III INTERVIEWS OF CANDIDATES FOR PLANNING COMMISSION
The Council interviewed Paul Cronauer and Nancy Boyse as possible candi-
dates for vacancies on the Planning Commission.
IV CALL TO ORDER - REGULAR MEETING
Mayor Whidden called the regular meeting to order at 7:06 P.M.
V MINUTES
Councilman Gerberding moved the Council accept and place on file as
received the minutes of the December 3, 1985, regular meeting, and the
November 26th, December 6th and 7th budget meetings.. Councilman Hordyk
seconded. Councilman Quast amended the following: Register Page 444, last
paragraph, to Bryce Lorentzen, rather than Frank; Public Present to B.
Lorentzen, rather than F. Lorentzen; Register Page 445, paragraph 2, date
to June 30, 1986. Councilman Hordyk amended the minutes of December 7,
1985, to indicate he was present and to indicate J. Miller under staff
present, rather than J. Hordyk. On call for the question, the motion to
approve the minutes as corrected carried.
VI CONSENT AGENDA
Councilman Hordyk moved the Council accept the items listed under the
Consent Agenda, including (1) Request permission to solicit applications
from citizens to fill five positions on Board of Building Code Appeals; (2)
Request for final payment to URS for engineering services on 8th and
peabody Signal Project of $516.37; (3) Request for progress payment of
$28,277.54 to Lakeside Industries for work at Boulevard and Lincoln Street
intersection; (4) Correspondence from washington State Liquor Control
Board; and (5), vouchers of $1,479,458.11 and Payroll of 12-1-85 of
$228,773.97. Councilman Schermer seconded and the motion carried.
VII FINANCE
1. Bid Awarded to Tejas Controls for Remote Metering/SCADA System
Councilman Gerberding moved to award the bid to the low bidder and
authorize City Light Department to issue a conformed specification and
purchase order for the amount of $168,483 to Tejas Controls, Inc., of
Houston, Texas. Councilman Hordyk seconded. Upon advice of Attorney
Knutson, Councilman Gerberding included the condition that conformed
specifications prepared by Westin Engineering be accepted by the bidder.
Following discussion, on call for the question, the motion carried.
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CITY COUNCIL MEETING
December 17, 1985
2. Riddell, williams Payment of $10,315.29 Authorized
Councilman Schermer moved, regretfully, to approve the December 3, 1985,
Riddell, Williams bill in the amount of $10,315.29. councilman Stamon
seconded and the motion carried.
VIII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA
None.
ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA
None.
IX LEGISLATION
1.
A.
Presentation of State Certificates to Ken Loghry and Dave
Ellefson
Mayor Whidden presented a Washington State Water Distribution Specialist I
certificate to Ken Loghry. He then presented a Water Distribution Manager
II certificate to David Ellefson. Congratulations, Ken and Dave, on your
continued pursuance of knowledge.
B. Presentation of United Way Award to Equipment Rental Shop
Mayor Whidden presented an award from United Way to Harold Hutchison,
Equipment Rental Superintendent, for his Division's 100% participation in
the 1985 United Way drive. Harold (Hutch) Hutchison accepted the award on
behalf of his entire Division.
C. Resolutions Presented to Outgoing Councilmembers
Mayor Whidden read the following Resolutions entitled
RESOLUTION NO.
43-85
A RESOLUTION of the City of Port Angeles
recognizing and expressing appreciation
to Samuel Haguewood for his eighteen
years of service on the City Council.
RESOLUTION NO.
44-85
A RESOLUTION of the City of Port Angeles
recognizing and expressing appreciation
to John Hordyk for his sixteen years
of service on the City Council.
RESOLUTION NO.
45-85
A RESOLUTION of the City of Port Angeles
recognizing and expressing appreciation
to Rex Gerberding for his four years
of service on the City Council.
and presented plaques containing these Resolutions, as well as copies of
the book entitled "The History of Port Angeles" to the outgoing council-
members. Mayor Whidden stated that both Councilmen Haguewood and Hordyk
would more than likely appear in Volume II of this book.
2. Public Hearings
A. DelHur Westside Periphery Zoning and Annexation (continued from
November 29th)
Pr ior to the public hearing, City Planner Carr presented copies of the
costs incurred by the Port of Port Angeles for the landscaping of the
Airport Industrial Park. Mayor Whidden opened the public hearing and asked
for comments. There were none. He therefore closed the public hearing.
Councilman Schermer abstained in appearance of fairness. Councilmembers
discussed with staff the possibility of added conditions, permits necessary
for log storage yards, etc.
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CITY COUNCIL MEETING
December 17, 1985
Upon request by Mayor Whidden, Louie Torres of Clark & Associates, repre-
senting Mr. Wilbert, Administrator of the DelGuzzi Estate, involving the
DelHur property, answered the Council's questions. Mayor Whidden referred
to a letter received from Mr. wilbert. Mr. Torres explained that Mr.
Wilbert I s intent was to withdraw from the annexation if more stringent
standards were placed on the property than currently exist, specifically
with regard to setbacks, in a manner not uniformly enforced on others.
Councilman Stamon further discussed 'with staff whether more stringent
conditions had been attached to previous annexations. City Planner Carr
indicated this had occurred in the past.
Councilman Quast asked Ken Sweeney of the Port of Port Angeles if the Port
would be negatively impacted by the withdrawal of the OelHur property from
the annexation. Mr. Sweeney answered that he could not see any impact,
adverse or otherwise, with the exclusion of said property from the
annexation.
Upon inquiry from Mayor Whidden, City Planner Carr noted that the farthest
western boundary of the proposed annexation would be the approximate
intersection of Lower Elwha Road and Edgewood Drive. He stated that the
actual point may occur off the divided way toward the interior. He stated
that both Lower Elwha Road and Edgewood Drive are proposed to remain in the
County, with the exception that 35 feet of right-of-way from the center of
Edgewood Drive was being requested.
Following further discussion at great length, Councilman Quast moved that
all properties owned by DelHur be excluded from the annexation. councilman
Gerberding seconded for the sake of discussion. Upon inquiry, Mr. Torres
stated that Mr. Wilbert was currently out of the country. Mr. Torres felt
that this proposal would be acceptable but could not answer specifically
for Mr. Wilbert. Attorney Knutson suggested proceeding with the annexation
with optional boundaries until Mr. Wilbert could be reached for comment.
Councilman Quast felt that adequate property existed for the annexation in
property owned by the Port of Port Angeles and chose not to amend his
motion.
Councilman Stamon was not comfortable with excluding this property and
concurred with the amendment recommended by Attorney Knutson. Councilman
Stamon wished to give Mr. Wilbert the option of being excluded if he
requested exclusion or accepting inclusion if he concurred with the
conditions attached to the annexation. Councilman Quast had no problem
wi th the defeat of his motion if this could occur. On call for the
question, the motion failed, with councilman Quast voting "Aye", Councilmen
Hordyk, Gerberding and Stamon voting "No" and Councilman Schermer abstain-
ing.
Councilman Gerberding then moved that staff be instructed to come back with
the appropriate peripheral zoning documents and annexation agreements that
would include the entire proposed area that was petitioned, with the
contingency that the DelHur property could be withdrawn at that time. He
added the following conditions to the master plan: That buffering on the
south, east and west sides of 175 feet or 35 feet with an 8-foot berm with
vegetation corresponding be required; that said buffer shall be adequately
maintained for the life of the use and the buffer plan shall be approved by
the Planning Department, prior to issuance of a building permit, buffering
improvements set forth in the approved buffering plan shall be accomplished
within one year of the issuance of said building permit, and where no
building permit is required, improvements occur within one year of the
Planning Department' s approval of the buffering plan. He also added the
condition (see Item 8, Minimum Standards for M-l Zone) regarding a resi-
dence on one single parcel. One single-family dwelling is allowed on a
parcel with an industrial use if the home is intended for occupation by the
owner or manager of the industrial use or by persons securing the premises.
He also added that any new added residences be required to be sprinkle red
and that there be no access from the interior access road to the Lower
Elwha Road until such time as an a.greement has been reached with, the
county. Councilman Stamon seconded. Upon inquiry from City Planner Carr,
Councilman Gerberding confirmed that these conditions would be added to the
original ten conditions recommended by staff. On call for the question,
the motion carried, with Councilman Schermer abstaining.
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CITY COUNCIL MEETING
December 17, 1985
B. Nelson Street vacation
Mayor Whidden opened the public hearing and asked for comments. Gretchen
Miller of Clark & Associates, representing DuJardin Development, explained
the request for vacation of the west one-half of pine Street abutting Lot
1, Block 3, of Fogarty and Dolan's Addition. Upon inquiry from Councilman
Schermer, Ms. Miller clarified the boundaries of the proposed vacation.
Upon inquiry from Councilman Hordyk, Ms. Miller confirmed that utility
easements were being retained by the City. Mayor Whidden asked for further
comments. There were none. He therefore closed the public hearing and I
read the Ordinance by title entitled
ORDINANCE NO. 2365
AN ORDINANCE of the City of Port Angeles
vacating that portion of Pine Street
adjoining Lot l, Block 3, Fogarty and
Dolan's Addition.
Councilman Schermer moved to adopt the Ordinance as read by title. Coun-
cilman Hordyk seconded, recommending utility easement be reserved. Coun-
cilman Schermer concurred. Upon recommendation from Councilman Stamon,
Councilman Schermer amended the motion to include adoption of the findings
of fact as stipulated by the Planning Commission, as follows: (1) The
right-of-way cannot be used for public streets; (2) There are no immediate
impacts on traffic patterns and circulation, utility services or public
safety; (3) Vacation of the subject right-of-way will assist in clearing
title and place the property on the tax rolls, enhancing the City tax base.
Councilman Stamon also wanted to ascertain that the easement was sufficient
for City Light's purposes. Louie Torres of Clark & Associates suggested
that the vacation include with it the requirement for identification of the
location of existing utilities and an easement to that location. Following
further discussion, City Attorney Knutson recommended amending the
Ordinance, Section 2, Easement Reserved, to read as follows: Pursuant to
RCW 35.79.030, the City of Port Angeles hereby retains sufficient utility I
easements necessary to convey title to the City for existing utilities in
the vicinity of the vacated street for the construction, repair and main-
tenance of public utilities. Councilman Schermer included this amendment
in his motion. On call for the question, the motion carried.
C. Hermann/Sunset Wire Rope Street vacation - Tabled
Mayor Whidden opened the public hearing and asked for comments. Ed
Roberson of 914 West Tenth, manager of Sunset Wire Rope, referred to a memo
prepared by the Public Works Department dated December 2, 1985, indicating
it would be in the City's best interest to vacate the entire corridor of
the street. He stated that it had been discussed and his company was not
opposed to that. He requested a postponement in order to make these
changes in the vacation request, to allow time for the original request to
be amended. Mayor Whidden closed the public hearing.
Councilman Gerberding moved to table this matter until an amended vacation
petition can be brought back to the Council and referred to staff. Coun-
cilman Stamon seconded and the motion carried.
3. Planning Commission Minutes of December 11, 1985 - Accepted
A.
shoreline Management Permit Granted
Association
Port Angeles Pilots'
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Request has been made to retain two decks, two pilings and protective log
boom which were installed during recent construction located on Ediz Hook.
Councilman Quast moved to concur with the recommendation for approval of
the Shoreline Management Permit for the decks, log boom and pilings, citing
the following findings: (1) The proposed development does not alter the
basic 'use of the site as a Sea Pilot's Station, which is a water-oriented
and shoreline-dependent use, complying with General Regulation C.l., Land
Use Element D.1.a., and Use Activity F.8.a.; (2) The proposal will not
irreversibly convert or alter a natural Shoreline of Statewide Significance
in compliance with General Regulation C.5.; (3) The decks, pilings and log
boom are part of the remodeling of an intensely developed site, and do not
expose previously undeveloped shoreline to development, in compliance with
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CITY COUNCIL MEETING
December 17, 1985
General Regulation C.4.; (4) The proposal is not contrary to General Regu-
lation C.2. which encourages public visual and physical access to shore-
lines. Councilman Gerberding seconded and the motion carried.
B. Minutes Accepted
Councilman Gerberding then moved to accept and place on file the Planning
Commission Minutes of December ll, 1985. Councilman Stamon seconded and
the motion carried.
4.
Resolution Passed Setting a Hearing for Port of Port Angeles Street
vacation
Mayor Whidden read the resolution by title, entitled
RESOLUTION NO. 46-85
A RESOLUTION of the City of Port Angeles
setting a hearing date for a petition
to vacate the one-block length of Tumwater
Street lying north of Marine Drive: the
one-half block length of Cedar Street
lying north of Marine Drive, the one-
quarter block length of Pine Street lying
north of Marine Drive; and the alley
lying between First and Second Streets,
from the railroad on the west to Marine
Drive on the east.
Councilman Hordyk moved to pass the Resolution as read by title. Council-
man Gerberding seconded and the motion carried.
5. 1986 City of Port Angeles Budget Ordinance Adopted
Manager Flodstrom presented more information on the 1986 Human Services
budget as requested by members of the Council. Manager Flodstrom also
indicated that letter including the Council's recommendations for special
agency funding had been sent to those agencies. Carol Owens, County Human
Services Coordinator then addressed the Council, presenting further informa-
tion on the Human Services budget request. Following discussion with Ms.
Owens, Mayor Whidden read the Ordinance by title, entitled
ORDINANCE NO. 2366
AN ORDINANCE of the City of Port Angeles
approving and adopting the Budget for
the City of Port Angeles for the fiscal
year 1986.
Councilman Schermer moved to adopt the Ordinance as read by title. Coun-
cilman Stamon seconded. Councilman Quast inquired if sufficient funds were
available in this Budget to provide health benefits for part-time employ-
ees. Manager Flodstrom indicated that the Budget did not include funds of
this nature.
Councilman Gerberding inquired if funds could be added to this Ordinance or
if another Ordinance would be required. Manager Flodstrom stated that this
Ordinance could be amended.
The Council and staff discussed this matter further, at great length.
Manager Flodstrom noted concern over long-term impacts on the City's
budget. Councilmen Gerberding, Schermer and Quast spoke in support of
adding medical benefits for regular part- time employees. Following
further discussion at great length, Councilman Quast moved to amend the
Budget to appropriate, out of reserves, $15,000 for regular part-time
employees employed 50% or more time, to be allocated to the Self-Insurance
Fund for medical benefits for the employee only (not for dependants).
Councilman Gerberding seconded the amendment. On call for the question,
the amendment carried, with Councilman Hordyk voting "No". On call for the
question, the motion to adopt the Ordinance as amended carried, with
councilman Hordyk voting "No".
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CITY COUNCIL MEETING
December 17, 1985
Increased Compensation for Councilmernbers - Ordinance Adopted
Manager Flodstrom then presented copies of an Ordinance raising the compen-
sation for newly-seated Councilmembers in 1986. Mayor Whidden read the
Ordinance by title, entitled
ORDINANCE NO. 2367
AN ORDINANCE of the City of Port Angeles
establishing salaries for the elective
officers of the City of Port Angeles,
and repealing Ordinance No. 2119.
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Councilman Stamon noted she would abstain. Councilman Hordyk spoke in
opposition to the Ordinance. Following lengthy discussion, Councilman
Quast moved to adopt the Ordinance as read by title. Councilman Schermer
seconded and the motion carried, with Councilman Hordyk voting "No" and
Councilman Stamon abstaining.
6. Ordinance Adopted Limiting Terms of Councilmernbers to Two Terms
Mayor Whidden read the Ordinance by title, entitled
ORDINANCE NO. 2368
AN ORDINANCE of the City Council of
the City of Port Angeles limiting
Councilmen to serving two
consecutive four-year terms.
Councilman Quast moved to adopt the ordinance as read by title, with the
full understanding that this may have to be challenged in the courts.
Councilman Gerberding seconded. Councilman Quast assured that he would not
challenge this Ordinance upon expiration of his term. He stated that in
the meantime, two legislative sessions would be held at which requests I
could be made to make these changes in the Non-Code provisions of the RCW.
Councilman Quast felt that even if the Ordinance was not upheld in the
State legislature, it should be a policy of the Council, as this was the
desire of majority of the voters. On call for the question, the motion
carried, with Councilman Hordyk voting "No".
Councilman Quast then moved to instruct staff to contact the representa-
tives to introduce legislation to make it possible for Non-Code cities to
have enabling legislation permitting them to limit terms of office for
Councilrnernbers. Councilman Schermer seconded. The motion carried, with
Councilman Hordyk voting "No".
7 . Dissolution Document Authorized Terminating Governmental Conference
and City Inter-Local Agreement
Councilman Stamon explained the decision to dissolve the Governmental
Conference. Councilman Quast moved to accept the Inter-Local Agreement as
presented and authorize the Mayor to sign. Councilman Schermer seconded
and the motion carried.
8. David Burns Selected for Planning Commission
The Council cast ballots for the vacant Planning Commission seat created by
the election of James Hallett to the City Council. Mr. Hallett announced
that he would be resigning effective January 1, 1986. The Council unani-
mously elected David Burns to fill the unexpired term of James Hallett on
the Planning Commission, which expires March 1, 1988.
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9. Final Agreement Establishing Webster Fine Art Center Authorized
Following an explanation by Manager Flodstrom, Councilman Starnon moved to
gratefully accept the gift of Esther Webster in memory of Charles and
Edward Webster and authorize the Mayor to execute the Agreement for the
Port Angeles Fine Arts Center. Councilman Hordyk seconded. The motion
carried, with Councilman Gerberding voting "No".
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CITY COUNCIL MEETING
December 17, 1985
lO. National Energy Foundation Contract Authorized for Educational Program
with Schools
Councilman Quast moved to authorize the Mayor to sign the contract with the
National Energy Foundation for $4,835. Councilman Hordyk seconded and the
motion carried.
1l. Ordinance Revising General Conditions for Electric Service Adopted
Mayor Whidden read the Ordinance by title, entitled
ORDINANCE NO. 2369
AN ORDINANCE of the City of Port Angeles
establishing general conditions for
electrical service, authorizing temporary
purchase of non-firm energy, and amending
Section 13.10.060 of Section l, Ord.
No. 2341 and Section 13.10.060 of the
Port Angeles Municipal Code; amending
Section 1 of Ord. 2137 and Section
l3.12.0l0 of the Port Angeles Municipal
Code; and amending Section 2, Ordinance
No. 2341 and Section 13.12.080 of the
Port Angeles Municipal Code.
Councilman Hordyk moved to adopt the Ordinance as read by title.
Councilman Gerberding seconded and,the motion carried.
12. Electrical Code Ordinance Adopted
Mayor Whidden read the Ordinance by title, entitled
ORDINANCE NO. 2370
AN ORDINANCE of the City of Port Angeles
regulating the use of electric current
and amending section 1 of Ordinance 2327
and Sections 14.12.l00, 14.12.1l0, and
l4.12.120 of Ordinance 2325 and of the
Port Angeles Municipal Code.
Councilman Schermer moved to adopt the Ordinance as read by title. Coun-
cilman Hordyk seconded. Councilman Gerberding commended City Light staff
for the way they had put this Ordinance together. On call for the ques-
tion, the motion carried.
Ordinance Regulating Factory-Built Housing Construction Adopted
Mayor Wbidden read the Ordinance by title, entitled
ORDINANCE NO. 2371
AN ORDINANCE of the City of Port Angeles
regulating the construction of factory-
built housing and factory-built commercial
structures, and adding a new section to
Chapter 14.04 of the Port Angeles Municipal
Code.
Councilman Gerberding moved to adopt the Ordinance as read by title. Coun-
cilman Stamon seconded and the motion carried.
13. Limited Power of Attorney Authorized to Seafirst Bank
Councilman Quast moved to authorize the Mayor to execute a limited power of
attorney agreement with Seafirst Computer Services. Councilman Schermer
seconded and the motion carried.
14. Ordinance Amending Probationary Period to One Year for Civil Service
Positions Adopted
Mayor Whidden read the Ordinance by title, entitled
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CITY COUNCIL MEETING
December 17, 1985
ORDINANCE NO. 2372
AN ORDINANCE of the City of Port Angeles
establishing a one-year probationary
period for Civil service employees and
creating a new Chapter 2.22 of the Port
Angeles Municipal Code.
Councilman Quast moved to adopt the Ordinance as read by title. Councilman
Schermer seconded and the motion carried.
15. Park Board Minutes of December 5, 1985, Accepted
Councilman Schermer noted that the Memorial Policy Committee was awaiting
further discussion with the architects of the new City Hall prior to set-
ting new memorial policies. The Council discussed the request for renaming
Central Park to Veterans' Memorial Park that had been referred to the Park
and Recreation Commission previously by the Council. The Council recog-
nized the need to present copies of the current memorial policy to the Park
and Recreation Commission and discussed the matter at great length.
Councilman Quast moved to rename Central Park to Freedom Park. Councilman
Stamon seconded. Councilman Quast felt that renaming this park Veterans'
Park might detract from the current small park in front of the Veterans'
building. On call for the question, the motion carried.
Councilman Schermer then moved to accept the Park, Recreation and Beauti-
fication Commission minutes of December 5, 1985. Councilman Stamon
seconded.
The Council deferred to staff on the request for underground lighting to
enable continuous flying of a flag at the Park. On call for the question,
the motion carried.
16. Merry Christmas Resolution Passed
Mayor Whidden read the following Resolution by title, entitled
RESOLUTION NO. 47-85
A RESOLUTION creating and recreating a Merry
Christmas by providing for elves, reindeer,
candy canes, and office parties; establish-
ing a festive spirit and effective date;
appropriating a substantial portion out of
everyone's pay and credit to defer the
fiscal obligations thereof; containing a
severability clause and a Santa Claus and
providing a penalty.
The Resolution unofficially passed with a big Ho, Ho, Ho!
17. Proclamation - National Drunk & Drugged Drivers Awareness Week -
December 15 - 21, 1985
Mayor Whidden proclaimed December 15th through 21st, 1985, as Drunk and
Drugged Driver Awareness Week in Port Angeles.
X LATE ITEMS
Manager Flodstrom referred to information he had presented to members of
the Real Estate Committee regarding Gund Plaza. The Real Estate Committee
then scheduled a meeting for December 18, 1985, at 12:00 Noon in the old
City Council Chambers to discuss this topic.
XI ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA
Councilman Gerberding presented gifts to several members of staff, includ-
ing an electronic executive decision maker to the City Manager" a faculty
phrase finder for Finance and Administrative Services Director Orton, as
well as a thesis guideline to other staff members.
Councilman Schermer presented copies of the Clallam Transit System prelim-
inary budget for 1986 to all Councilmembers.
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CITY COUNCIL MEETING
December 17, 1985
XII ADJOURN TO EXECUTIVE SESSION
None.
XIII RETURN TO OPEN SESSION
None.
XIV ADJOURNMENT
Mayor Whidden adjourned the meeting at 10:22 P.M.
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