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HomeMy WebLinkAboutMinutes 02/07/19891274 I CALL TO ORDER II PLEDGE OF ALLEGIANCE III ROLL CALL Members Present: Members Absent: Staff Present: Public Present: None. CITY COUNCIL MEETING Port Angeles, Washington February 7, 1989 Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:05 P.M. The Pledge of Allegiance to the Flag was led by Donna Ball and the First Grade Bluebirds. Members: Erika Ralston, Austin Ball, Cody Field, Sarah Cornell, Cathy Watson. Mayor McPhee, Councilmen Gabriel, Hallett, Hordyk, Lemon, Sargent, Stamon. Manager Flodstrom, Attorney Knutson, Clerk Maike, 0. Miller, M. Cleland, S. Hardy, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, M. Campbell, S. Evans, S. Hursh, K. Ridout, G. Kenworthy, D. Miller, C. Jones, D. Mason. D. George, D J. VanOss, S Berglund, S. P. Brewer, Langley, L. R. Bogusch. Vincent, B. N. Johnson, J. B. Eckert, Evans, D. Rudolph, L. Beil, J. Newlin, H. Everett, C. Alexander, R. L. Barnes, D. P. Cronauer, M. Reimer, D. Willson, M. Torres, P. Vanderhoof, M. Todd, L. Fuller, IV APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 17. 1989. AND SPECIAL JOINT MEETING WITH THE PLANNING COMMISSION OF JANUARY 25. 1989 Councilman Hordyk moved to accept and place on file the minutes of the January 17, 1989, regular meeting and the special joint meeting with the Planning Commission of January 25, 1989. Councilman Sargent seconded. Councilman Sargent offered corrections to page 10, under Item 2.B, Consideration of Resolution for Abatement of Public Nuisance, to add a paragraph following the motion that states: "Staff was instructed to write a letter to the doctors who own the northwest corner of Eighth and Cherry Streets to request them to clean the lots and to advise them of the safety concerns." Also to page 12, third paragraph, third line, to add the word "traffic" so that the sentence would read, "Discussion of the traffic circulation policies On call for the question, the motion carried unanimously. V FINANCE 1. Consideration of Bid Award for Lezal Publication for 1989, Councilman Sargent moved to accept the legal publication proposal and to award the bid to the Peninsula Daily News and authorize the Mayor to sign the contract. Councilman Gabriel seconded and the motion carried unanimously. 2. Consideration of Bid Award for Surplus Property Located at Lauridsen Boulevard and 18th Street Councilman Hallett moved to accept the bid from Bur' Reid in the amount of $5,000 for Lots 1, 2, and 3 of Block 456, with the cc:itowing terms. $1,250 down at closing, and the balance of $3,750 plus ac ;twd interest at 10X per annum payable within one year of closing. The cl is; ng :o be w i '.hin i hirty (30) days of the bid opening. Councilman Gabriel Councilman Hordyk expressed his concern regarding t•e lcw down payment and the harvestable trees which are on the lot. He did i. -el the Council -1- should accept the bid with the allowable use of the land until such time as the City has some assurance that the balance owing will be paid. Councilman Stamon suggested conditioning the sale upon any merchantable timber not being removed until the balance of the purchase price has been paid. Councilman Hordyk suggested that the sale of the timber be put into the City coffers and be returned when the balance is paid. Attorney Knutson stated the wording could be that the sale would be contingent upon either the merchantable timber being harvested after the City receives the full purchase price, or any proceeds from the sale of merchantable timber go to the City, to be reimbursed to Mr. Reid at such time as the sale is complete. Councilman Hallett stated the addition of that wording to the motion would be acceptable. Councilman Gabriel concurred. On call for the question, the motion carried unanimously. VI CONSENT AGENDA 1275 CITY COUNCIL MEETING February 7, 1989 Councilman Lemon moved to consider Item 1, Request permission to call for bids for equipment replacements for 1989, as a separate issue. Councilman Hordyk seconded and the motion carried. Councilman Hallett moved that the Council call for bids for replacement of equipment as previously discussed in adopting the 1989 Budget. Those items are (1) #1903, automated packer (Solid Waste), $120,000; (2) #1853, 3/4 ton pick -up (Parks/Maintenance), $11,000; (3) #1881, 3/4 ton pick -up (Parks/ Maintenance), $11,000; (4) #1503, tractor with Bumford mower (Street), $32,155; (5) #138, 3/4 ton van (Admin. Svcs. /FSR), $11,000; (6) #1552, 1/2 ton pick -up (Street), $9,850; (7) #1550, Mini pick -up (Street), $11,300; (8) #6, ambulance (Fire/Medic I), $45,000; and (9) #1765, compressor (Street), $12,000. Councilman Stamon seconded, with the understanding that the bid results will then go before the Audit Committee for their review and then back to the Council with a recommendation. Councilman Hallett concurred. Councilman Lemon spoke in opposition, expressing his concern over the parts billing, labor, and also the history of some of the vehicles listed for replacement. Councilman Hallett spoke in support of the motion, as these items were discussed during the Budget hearings, stating that calling for bids on equipment does not obligate the Council to award the bids. Councilman Stamon stated if the City were to call for bids on the equipment, there would be a true cost of the equipment instead of an estimate. There could then be a better evaluation as to whether or not to purchase the equipment. Councilman Sargent was in favor of the motion. -2- Councilman Hordyk voiced his concern regarding the staff time involved in preparing the bid specifications. It was his belief it would be better to review each individual piece of equipment by the Audit Committee prior to writing specifications. Councilman Lemon concurred, stating he has questions regarding the replacement of equipment. Following further discussion between staff and Council, the question was called and the motion failed, with Councilmen Stamon, Hallett, and Sargent voting "Aye and Councilmen Gabriel, Lemon, Hordyk and Mayor McPhee voting "No Councilman Lemon moved to instruct staff to set a date for the Audit Committee to review the 1989 equipment replacement request prior to the call for the bids. The Audit Committee would then recommend which request would proceed to call for bids. The bid results would then come back to the 1276 CITY COUNCIL MEETING February 7, 1989 Council and will be reviewed at a later date by the Audit Committee. Councilman Hordyk seconded. On call for the question, the motion carried with Councilmen Stamon and Hallett voting "No The Audit Committee meeting was set for Wednesday, February 15th, at 5:00 P.M. Councilman Stamon moved to accept the items as listed on the Consent Agenda, Nos. 2 through 4, including (2) Correspondence from Washington State Liquor Control Board; (3) Vouchers of $1,870,683.20; and (4) Payroll of 1 -22 -89 of $233,961.66. Councilman Sargent seconded and the motion carried unanimously. VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Leonard Fuller, 420 East llth Street, wished to discuss an issue of solid waste, requesting that the item be placed on the agenda. Mayor McPhee directed Mr. Fuller to speak to the City Manager regarding the placement of this item on the agenda. Peter Vanderhoof, 502 East Third Street, requested the Council allow him to speak on Agenda Item No. 4 regarding Cronauer's Shoreline Permit. Mayor McPhee stated this is not a public hearing on the Cronauer development and asked Attorney Knutson whether it would be appropriate for the Council to accept comments. Attorney Knutson stated it would not be appropriate, as this is a matter subject to public hearings and there have been several before the Planning Commission and the Council. Further, it would be improper to take additional public comment outside of the public hearing process. Mr. Vanderhoof stated he understood that; however, he questioned the Council and Attorney Knutson on the procedures of the "abbreviated" public hearing of the January 17, 1989, City Council meeting, during which time the information discussed was not available and there was no notice of the public hearing. He stated he had trouble reconciling the decision. Attorney Knutson stated the Council may still decide to hold a public hearing. Councilman Hallett stated the minutes of the previous Council meeting reflect a discussion about whether or not the Council should hold a public hearing and the decision of the Council at that time was to not hold a public hearing. Mayor. McPhee told Mr. Vanderhoof if he wished to ask this question again during the portion of the meeting discussing the issue, once a decision has been made by the Council, he may do so. VIII LEGISLATION 1. Presentation of Certificates for Landfill and Waste to Energy Course Landfill. Kenneth L. Loahrv: Waste to Energv. Tom McCabe. Don Mason, Steve Evans. Dale Miller. Ken Loahry Mayor McPhee presented Certificates of Completion of Course for the Waste to Energy correspondence course offered through the University of Washington to Steve Evans, Don Mason, Dale Miller. He congratulated the employees for their effort in continuing to keep up with the issue of solid waste. 2. Public Hearings A. Rezone Request. RZ- 89(1)1 Leonard Beil. from RS -7 to RMF- Georaiana /Libertv Mayor McPhee opened the public hearing at 7:42 P.M. 1277 CITY COUNCIL MEETING February 7, 1989 Robert Sukert, 1325 Georgiana, spoke in opposition to the rezone, citing increased traffic impacts, also stating the area has enough apartment houses. Councilman Stamon stated for the record that the Council had received a petition opposing the proposed rezone, signed by approximately 33 residents in the area. Mayor McPhee closed the public hearing at 7:43 P.M. Councilman Hordyk moved that the Council deny the request for the rezone, as per the following findings: The rezone would be contrary to Land Use Objectives Nos. 1, 2, 5, and 7; Residential Policies Nos. 2, 15, 17, and 18. This is because the subject property proposed for rezone to multi family housing is directly abutting one of the least restrictive and most traffic intensive zones of the City, the Arterial Commercial District, thereby producing a high likelihood of conflicting uses of the abutting properties; along with the fact that the three lots in question would be a change in the zoning classification for the three lots alone, without the benefit of an analysis of the neighborhood concept for residential uses throughout the community. Further, because of the three lots, which are bounded on three sides by RS -7 and one side by ACD, that it would be a question of spot zoning because of the small area size. Councilman Sargent seconded. On call for the question, the motion carried unanimously. B. LID Formation DelGuzzi Drive (East of City Limits /Highway 101) Mayor McPhee opened the public hearing at 7:48 P.M. Councilman Lemon moved to continue the public hearing to March 7, 1989, and direct the Public Works Department to re- review the assessment roll, discuss the cost with the property owners' representative, and after the re- review and discussion, bring a recommendation back for the City Council to consider. Councilman Sargent seconded. Councilman Stamon stated the understanding would be if the property owners' representative chooses to withdraw their request for an LID, that the Council then would not need to hold a public hearing; and to authorize the staff to take care of the issue. On call for the question, the motion carried unanimously. 3. Continuation of Minutes of Planning Commission Meeting of January 11. 1989 (Tabled January 17. 1989) and Planning Commission Minutes of January 25. 1989 A. Discussion of Shoreline Management Permit SMA- 89(01)95 Fidler Councilman Lemon moved to concur with the recommendation of the Planning Commission and approve the Shoreline Permit, with the following conditions: (1) That an oil separator be placed in the drain to prevent storm drain discharge from directly entering the Harbor; (2) The slope of the parking lot surface should drain into the catch basin and Marking pattern and access points need to be shown; (3) The applicant shall install barriers to protect an existing guy wire at Railroad Avenue and North Oak Street; and citing the following finding of fact: (A) The use does not conflict with the Shoreline Management Act because it is a water- associated use, due to the fact that the ferry traffic is a water use and people using the ferry need a place to park their vehicles. Councilman Sargent seconded. Councilman Hallett stated that the vote of the Planning Commission was 5 1 and asked Acting Planning Director Miller for the reason Commissioner Glass voted "no Acting Planning Director Miller stated the Shoreline Substantial Development Permit, in a number of ways, may not be in conformance with the Shoreline Master Program of the City. It does not provide further use of the shore- line by the public, and it is a development that does not require a shore- line location for its use. Councilman Stamon spoke in opposition to the motion, as the Shoreline Master Program is very clear in terms of this type of development on the shoreline. -4- 1278 CITY COUNCIL MEETING February 7, 1989 The Master Program speaks very clearly to the fact that parking facilities must be placed inland of shorelines and other recreational beaches, as well as protection of the environment and reservation of the shorelines for uses that are water dependent and water related. In her opinion, she felt the Council was stretching the point on this particular application and this use was clearly in conflict with the Shoreline Master Program. Councilman Lemon, in rebuttal to the comments made by Councilman Stamon, stated this is not a conflict of interest, although it is not totally designated; but it is ferry parking, which is a water dependent use. Councilman Hallett asked Acting Planning Director Miller if this parking lot was restricted to ferry traffic use or could anyone park there. Acting Director Miller stated this is for paying customers and is not just for ferry parking. Councilman Hallett asked for the staff recommendation. Acting Director Miller replied staff recommended denial. Councilman Hallett asked the reason. Acting Planning Director Miller stated non conformity with the Shoreline Master Program. Councilman Hallett was opposed to the motion, as there is a Master Program, and if the Council wishes to deviate from the Program, then the Council should change the Program first, before making exceptions. Councilman Gabriel spoke in support of the motion. Councilman Hordyk stated the party who has the lease on the property is in a Catch -22 situation because the City requires the parking lots to be paved, but he cannot do that without a Shoreline Permit. Councilman Sargent stated the City would be better off to approve the permit and allow the paving of the lot because the conditions that are set out by the Planning Commission will protect the area. Manager Flodstrom stated the applicant has a condition in his lease which states he will comply with all regulations of the City. That condition, and the City's continued effort to get the applicant to pave the lot to come into compliance with the parking lot standards, have induced him to apply for the Shoreline Permit. Following further discussion, the question was called and the motion carried, with Councilmen Hallett and Stamon voting "No B. Discussion of Conditional Use Permit Williams Councilman Lemon moved to concur with the Planning Commission's recom- mendation that the location of the present facility within the residence is not in violation of the original permit, CUP- 89(09)19(H0) or the Home Occupations Chapter of the Zoning Ordinance, Section 17.86.040. Councilman Gabriel seconded and the motion carried unanimously. C. Acceptance of Minutes Councilman Hordyk moved to accept and place on file the Planning Commission minutes of the January 25, 1989, meeting. Councilman Stamon seconded and the motion carried unanimously. 4. Consideration Re- Affirming. Amending. or Rescinding Shoreline Permit for Cronauer Development at Foot of Francis Street Councilman Sargent moved to hold a public hearing on the matter at the February 21, 1989, City Council meeting. Councilman Gabriel seconded. Councilman Hordyk requested the public hearing be opened to new information only. Councilman Sargent concurred, adding that to the motion. Councilman Gabriel also concurred. On call for the question, the motion failed, with Councilmen Sargent, Hordyk, and Gabriel voting "Aye and Councilmen Stamon, Hallett, Lemon, and Mayor McPhee voting "No Councilman Stamon moved the Council rescind the Council's previous approval of the application received and to (1) direct the applicant to prepare an -5- 1279 CITY COUNCIL MEETING February 7, 1989 Environmental Impact Assessment (EIA) that covers the entire project and examines the impacts associated with such, to include, at a minimum, alter- natives for the use of Victoria Street; access to Victoria Street for pedestrian and vehicular traffic; placement of fill on public properties; siltation and erosion concerns; revegetation plans; long -term maintenance of ramps and slopes; what further development permits, such as rezones and street vacations, are needed, etc.; (2) direct the applicant to remove the fill that has been placed on the old railroad grade from the rip -rap to the first grade break (which is approximately where the siltation fence at the base of the fill has been placed), in order to ensure that no further siltation of the Harbor occurs while the EIA is being undertaken; (3) after the EIA has been prepared and submitted, the City will then consider the amended permit application which has been submitted by the applicant. Councilman Hallett seconded. Councilman Stamon, in speaking to her motion, believed it was more appro- priate that the Council have a vehicle for very clearly understanding what the impact of the entire proposal was going to be on the particular area. She stated that the original application has gone by the boards because of changes that the applicant has proposed; and she believed there was still an on -going concern, even with the erosion control, for possible siltation of the Harbor because of the fill material that is placed over the rip -rap. Councilman Hallett concurred with the motion, stating the developer and the public would have the benefit of each other's thinking and the Council could reach a well thought out conclusion. There would then be a complete set of facts and information for the Council to base a decision upon which will be in the developer's and the public's best interests. Councilman Sargent stated she basically agrees with the motion; however, she requested that the Environmental Impact Assessment be reviewed by the Parks, Recreation, and Beautification Board for their recommendations, and also there needed to be some measures to protect the sewer lines. Councilman Stamon included as part of the motion, impacts on utilities. Councilman Hallett concurred. Attorney Knutson discussed with the Council the process involved in doing an Environmental Impact Assessment. Councilman Gabriel asked Attorney Knutson whether it was necessary for the Council to rescind the Shoreline Management Permit in order to do the EIA. Attorney Knutson stated no, it was not necessary; however, the motion, as stated, provides for the removal of fill, which is inconsistent with the original application. Councilman Hallett stated that the people and the public want a chance to speak on all of the facts. Following further discussion, the question was called. The motion carried, with Councilmen Hordyk, Lemon, and Mayor McPhee voting "No BREAK Mayor McPhee recessed the meeting at 8:34 P.M. for a 15- minute break. 5. Reconsideration of Rezone Reouest RZ- 88(12)3 Vincent San Juan Avenue Councilman Hordyk stated upon review of the situation and the fact that the applicant, at the prior meeting, stated he had no new information to offer the Council, Councilman Hordyk moved that the Council leave its decision stand as voted on and not reconsider. Councilman Sargent seconded. Councilman Hallett, seeking clarification, asked if the Council does not reconsider the issue, then does the motion for denial of the rezone still stand? Mayor McPhee stated that was correct. Councilman Hallett asked Acting Planning Director Miller what reasons were cited for denial. Acting Planning Director Miller cited (1) Comprehensive Plan Residential Policy No. 15, high- density multi family areas should be -6- 1280 CITY COUNCIL MEETING February 7, 1989 located in areas of the community most suitable to high density, based on service, traffic demands, public facilities; (2) Comprehensive Plan Resi- dential Policy No. 16, multi family areas should be located functionally close to arterials; and (3) Comprehensive Plan Residential Policy No. 17, multi- family areas should not be used primarily as buffers between land uses. Director Miller stated the rezone was to Office Commercial, stating these policies are residential policies, essentially for the multi family district, and multi- family uses are allowed in Office Commercial Zones. Councilman Stamon spoke in opposition to the motion, stating that the Plan- ning Commission has recommended unanimously that the Council approve the rezone, and had in fact used some, if not all, of the same findings which were included for reasons of denial. She stated she believed the reasons for supporting the denial were incorrectly applied, but they were, in fact, reasons for supporting the approval of such a rezone. Councilman Lemon stated this is a matter of interpretation and the facts and findings can be utilized in the denial also. Councilman Hallett stated in having voted initially against the rezone, after further research, he concurred with the Planning Commission's unanimous recommendation, as he believed the rezone is compatible. Councilman Hallett asked Attorney Knutson if the applicant was not pleased with the decision of the Council to deny the rezone request, what were his options? Was there any appeal process available to him? Attorney Knutson stated he could appeal Council's decision to the Superior Court. On call for the question, the motion carried, with Councilmen Hallett and Stamon voting "No Mayor McPhee requested that the record show the applicant, Darrell Vincent, thanked Councilman Hallett before he left the Council Chambers. Councilman Stamon asked if there was a particular reason why. Mayor McPhee stated because he wanted that to be in the record. Councilman Hallett stated a lot of people thank him for lots of things, so put it all in the record. Mayor McPhee stated, fine, sir. Councilman Stamon requested the record also reflect the comments made by Donald E. Rudolph as he left the room. "Let's get a rope let's get seven ropes. There's a damn good tree right outside. 6. Resolutions Setting Public Hearing Street Vacation A. STV- 89(03)2 Daishowa Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 5 -89 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of "K" Street north of Marine Drive and south of Front Street Councilman Stamon moved to pass the Resolution as read by title, and to refer the matter to the Planning Commission. Councilman Sargent seconded. On call for the question, the motion carried unanimously. B. STV- 89(03)3 Miller. et al Cherry Street Between First and Second Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 6 -89 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Cherry Street north of the 1/2 alley. C. STV- 89(03)4 Burt Reid Lauridsen Blvd. /18th Street Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 7 -89 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of 18th Street between "B" and "C" Streets 1281 CITY COUNCIL MEETING February 7, 1989 Councilman Sargent moved to pass the Resolution as read by title, and to refer the matter to the Planning Commission. Councilman Lemon seconded and the motion carried unanimously. Councilman Stamon moved to pass the Resolution as read by title, and to refer the matter to the Planning Commission. Councilman Lemon seconded and the motion carried unanimously. 7. Consideration of Options Pharmacy Contract (Continued from 1- 17 -89) Risk Manager Claude Jones gave Council an overview of the three options available to them in providing pharmaceutical benefits to the employees. Alternative A, to continue with the current preferred provider organization; Alternative B, to contract a health maintenance organization; or Alternative C, to establish rates to be paid by the City and offered to all pharmacies within the area. Following a lengthy discussion between the Council and staff, Councilman Sargent moved to refer the issue to the Wellness Committee for their recommendation and to consider the issue at the February 21st regular City Council meeting. Councilman Stamon seconded and the motion carried, with Councilman Hallett voting "No Councilmen Stamon, Hordyk, and Mayor McPhee were invited to attend the Wellness Committee meeting. 8. Meter Test Board Donation (Continued from January 17. 1989) Councilman Sargent moved that the Meter Test Board be donated to the Clallam County Museum for inclusion in the Electrification of Port Angeles exhibit, on condition that at the conclusion of the exhibit, the Meter Test Board be given to the Rocky Reach Dam Museum for permanent display, and that appro- priate language be incorporated in the Clallam County Museum contract with the City. Councilman Hallett seconded. Councilman Sargent, in speaking to her motion, stated the Clallam County Museum is planning an Electrification of Port Angeles exhibit; however, this would probably not take place for several years. She believed this would be an asset to that exhibit; however, when the exhibit closes, the Meter Test Board would be put into storage if left to the Clallam County Museum. However, the Rocky Reach Dam would be able to place the Meter Test Board on permanent display. The motion, as stated, would provide the opportunity for the Clallam County Museum to use it in its exhibit and afterwards, have the piece exhibited at the Rocky Reach Dam Museum. Councilman Stamon stated the Rocky Reach Dam Museum is well visited and she concurred with the motion, as stated. Councilman Lemon expressed his concern regarding the placing of the Meter Test Board at the Rocky Reach Dam Museum upon the speculation that the Clallam County Museum should expand and decide to keep the Meter Test Board. Councilman Hordyk stated he would go along with the motion, under the con- dition if and when the Rocky Reach Dam Museum takes the Meter Test Board -8- 1282 CITY COUNCIL MEETING February 7, 1989 out of public display, that it be returned to the Clallam County Museum, at the expense of the Rocky Reach Dam Museum. Councilman Sargent accepted that as part of the motion. Mayor McPhee expressed his concern, as this is an irreplaceable piece of history and he was unwilling to send the piece off, in the event the City of Port Angeles or the Clallam County Museum should want to have the test board back in the future. After some discussion, Councilman Stamon suggested using the wording "on permanent loan Following discussion, Councilman Sargent restated the motion. She moved that the Meter Test Board be placed at the Clallam County Museum for inclusion in the Electrification of Port Angeles exhibit, on condition that at the conclusion of the exhibit, the Meter Test Board may be offered to the Rocky Reach Dam Museum, at its expense, as a permanent loan. If the Meter Test Board is taken out of the display at the Rocky Reach Dam Museum, it will be returned to the Clallam County Museum at the expense of the Rocky Reach Dam Museum, and that the appropriate language be incorporated in the Clallam County Museum contract with the City. Councilman Hallett concurred. On call for the question, the motion carried, with Mayor McPhee voting "No 9. Need to Schedule Permit Process Review Committee Meeting The Council set a meeting date for the Permit Process Review Committee for February 16, 1989, at noon, in the Olympic Memorial Hospital cafeteria. 10. Pedestrian Safety Program Appraisal The information provided to the Council was the 1988 AAA Pedestrian Safety Program appraisal. The overall rating for the City of Port Angeles was good. The issue was discussed with staff and the Council and was taken as informational only. Councilman Stamon moved to continue with the items on the agenda. Coun- cilman Lemon seconded and the motion carried unanimously. 11. Consideration of Coast Guard Lease City Pier Councilman Stamon moved to authorize the between the City of Port Angeles and the U. the Coast Guard vessel at City Pier for the September 30, 1989, for an annual rental seconded and the motion carried unanimously. 12. Request to Set a Utility Advisory Committee Meeting Mayor to execute the contract S. Government for the moorage of term of October 1, 1988, through of $17,000. Councilman Lemon The Utility Advisory Committee meeting date was set for February 16, 1989, at 4:00 P.M., in the Public Works Conference Room. 13. Association of Washington Cities Legislative 9onference Invitation This item was informational only. IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Sargent, in speaking to Information Agenda Item No. 22, Letter from the Chamber of Commerce regarding use of City funds allocated to the Chamber for the promotion of tourism for 1989, stated the use of money as outlined in the letter was an appropriate and good use. The Council concurred and directed staff to incorporate the language into the Chamber's contract for 1989 tourism promotion services. Councilman Lemon made reference to Marine Drive and the revision of traffic around a dip in the street, asking Public Works Director Pittis if there had been continuing monitoring of the problem. Public Works Director Pittis stated the Department will be taking measures once the ground thaws. Councilman Stamon circulated a sign -up sheet for the wheelchair basketball team, which will be held March 4, 1989. She also noted an article provided -9- in the Information Agenda from the "Pacific Northwest 1989, on the City of Port Angeles. She requested Council and also the public respond with a letter to this issue. 1283 CITY COUNCIL MEETING February 7, 1989 Magazine February, that members of the the editor regarding Councilman Hallett asked Manager Flodstrom about the City's position regarding Waterfront Associates. Manager Flodstrom stated the Audit Committee met the prior week and the information requested in the Council motion was provided and the Committee requested additional information. Once the additional information has been received from Waterfront Asso- ciates, the Audit Committee will reconvene to review the information. Councilman Hallett made reference to a letter received from Christopher Martin regarding the matter of Waterfront Associates. The letter indicates there is some foot dragging on the part of the Audit Committee. Manager Flodstrom stated as he understands the motion, not all of the information required has been submitted. Councilman Hallett thanked Building Official Larry Romig for his meeting with the local developers. He also asked Attorney Knutson about setting agendas for sub committees of the Council. Did the meetings have to be set at a Council meeting, or could they be convened by the calling of a meeting by the members? Attorney Knutson stated it depends on the type of meeting; that the Council does not strictly comply with the Open Public Meetings Act for the Audit Committee and the Real Estate Committee; however, the Council does comply with the Open Public Meetings Act in the Utility Advisory Committee meetings and always has for the Planning Commission and some of the other boards and commissions that make recommendations to the City Council. He stated it is better to try and set the agenda at the Council meetings because that enables a public record of when the meetings will be held and, in a sense, the City is complying with the Open Public Meetings Act by giving people notice of when the meetings are and what the agendas will be. Councilman Hallett asked whether it would be advantageous for the Council to adopt some type of procedure for the Committees which says they will comply with the Open Public Meeting Acts. Attorney Knutson stated in his opinion, the Council is now on legally safe ground. Councilman Hordyk requested a brief overview of the prior week's response to the weather and the snow hazards. Parks Recreation Director Brodhun stated the Civic Pier did not receive any damage due to the broken raft of logs in the Harbor; however, there was a lot of drift at Hollywood Beach. Acting City Light Director Hardy stated the Light Department logged about 79 -1/2 hours of overtime. Crews were out but mostly on minor outages. She felt the effects of the tree trimming program paid off. In terms of con- sumption, there was a fairly high peak, but not a record peak. Public Works Director Pittis stated the Street Division plowed from the close of business on Wednesday until late in the evening on Friday, around the clock two shifts of 12 hours each. In regard to the Water utility, there has been between 200 and 300 calls for broken pipes in homes. The Department is responding to those calls as quickly as possible, and they have been waiving the normal $100 emergency shut -off fees. There have been some breaks in the mains because of the cold weather, and as the weather begins to thaw, there will be isolated problems with the 2" water mains. These will be monitored. He gave his personal compliments to the Street crews, the Water crews, and the Solid Waste crews. Mayor McPhee stated he was quite satisfied with the response and the reception of the public is that a much better job was done this time than during the storm in 1985. X ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to executive session at 10:33 P.M. to discuss one item of litigation. Approximate length, 15 minutes. -10- CITY COUNCIL MEETING February 7, 1989 XI RETURN TO OPEN SESSION The meeting returned to open session at 10:54 P.M. XII ADJOURNMENT The meeting adjourned at 10:55 P.M. CC.54 1284 Clerk Mayor