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HomeMy WebLinkAboutMinutes 02/16/1988I CALL TO ORDER SPECIAL MEETING Mayor McPhee called the special meeting to order at 6:02 P.M. II ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, Sargent, Stamon. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson. III INTERVIEWS WITH CANDIDATES FOR THE PARKS, RECREATION, AND BEAUTIFICATION COMMISSION The following people were interviewed for the vacant position on the Parks, Recreation, and Beautification Commission: Nancy Phillips, Betty Warder, Jerry Edelbrock, Roger Reidel. IV CALL TO ORDER REGULAR MEETING Mayor McPhee called the regular meeting to order at 7:02 P.M. Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, Sargent, Stamon. Members Absent: Staff Present: Public Present: V PLEDGE OF ALLEGIANCE None. CITY COUNCIL MEETING Port Angeles, Washington February 16, 1988 Manager Flodstrom, Attorney Knutson, Acting Clerk Anderson, P. Carr, M. Cleland, R. Orton, S. Brodhun, M. Campbell, J. Pittis, D. Wolfe, E. Schilke, B. Becker, D. Heassler, R. French, S. Hursh, T. Smith, S. Kenyon, B. Raymond, L. Danks, B. Coons, D. McGinley. R. Reidel, F. P. Feeley, Mr. Mrs. C. Alexander, P. McCauly, B. Longshore, M. Merrick, J. Sobieck, J. Edelbrock, J. Ducceschi, V. Nixon, E. Clothe, C. Boardman, B. Philpott, J. Hughes, K. Northrup, E. Hansen, T. Menzony, R. Cockrill, D. P. Brewer, E. R. Dorr, D. V. Frizzell, J. Kumpula, D. Rudolph, L. Lee, D. Bragg, S. Kennedy, E. J. Main, B. Warder, L. Davis, J. Lunt, R. M. Brodhun, E. Colompe, R. Taylor, H. Berglund, J. Newlin, M. Stoller, G. Knutson, K. Dolan, B. Levin, L. Leonard, K. Kennedy, K. L. Rose, L. Sunny, E. Kovatch. 939 /l Led bey Barbara Davis, Rainmakers Campfire. Girls JE: r� jc, r 1 x v r s y i t (A2 c'qv) L ��'v`r ?.v ts.1 i C "r�3 el)3n ��T( �;vti :JC OF MINUTES OF 4 'lE y irii' �7� +.0 C e a it y e (V1 Ct.V! u� 4 7•_z `!1 f z tt__ e }'1 u c C VI APPROVA 1 E GULAR MEETING OF FEBRUARY 2, 1988 Councilman Hallett moved to accept and place on file the minutes of the February 2, 1988, City Councilman meeting. Councilman Sargent seconded. Councilman Stamon added on Register Page 934, Section 6.A., last paragraph, should read: "Councilman Stamon requested that the Committee meet only at the request of the Council Also under Section B, add sentence: "Coun- cilman Stamon expressed her concern that if anonymous input was accepted the information be verifiable Register Page 935, last paragraph, add: "Councilman Stamon cautioned Council that more funds may be required for flow monitoring if rainfall is low in the next few months Register Page 937, last paragraph, should read: Mayor McPhee replied that he had not." On call for the question, the motion carried. 940 CITY OF PORT ANGELES ADVERTISEMENT FOR BID �EiT DIVISION TRAFFIC MAINTENANCE MATERIALS Project 88-2 Sealed bids will be received by the office of the City Clerk, 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington 98362, until 2:30 P.M:, Tues., Feb. 9, 1988 and not later, and will be opened publicly at that time. Bids will be taken for: A. Traffic paint. B. Traffic glass spheres. C. Lane marker adhesive. D. Traffic Signs. E. Sign faces. F. Sign letters and tapes. G. Sign supports. H. Pavement markers, v to' Office of the Engineer, City of Port les, at the above ad- (206) 457.0411, Ext. Sem accompanied by a ce or cashier's check or a bid bond in the amount of five percent (5%) of the total amount of the proposal or bid, said bid bond shall be issued by a surety authorized and licensed to issue said bonds in the State of Washington. The City of Port Angeles re- serves the right to accept the proposals or bids and avrard to responsible bidders which are in the best inter- est of the City; to postpone the acceptance of proposals or bids and the award of the contracts for a period not to exceed thirty (30) days; or to reject any and all proposals or bids received and further advertise for bRls. Jack N. Pittis, P.E. Director of Public Works Pub.: Jan. 22. 1988. 940 nse of hun ending. 'rrARIU et those Old methoc t work. Tr proach wit against e< eh at social *CORN estate Iran itt of time. !hags in m new prd tr CITY COUNCIL MEETING February 16, 1988 VII FINANCE 1. Consideration of Bid Awards for Street Division Traffic Maintenance Materials Councilman Stamon moved to concur with the recommendation of the Public Works Department that the Council waive the condition of including a non collusion affidavit and award the bids to the lowest responsive bidders for Schedules A through H, as follows: A. Traffic Paint, Norris Paint Co.; B. Traffic Glass Spheres, Norris Paint Co.; C. Lane Marker Adhesive, Adhesive Engineering Co.; D. Traffic Signs, Zumar; E. Sign Faces, 3M; F. Sign Letters Tape, Zumar; G. Sign Supports, Unistrut; and H. Pavement Markers, Zumar. Councilman Gabriel seconded. Councilman Hallett asked City Attorney Knutson to explain the term "Non collusion affidavit Attorney Knutson explained that it is an affidavit indicating that none of the bidders have corresponded with other bidders; in effect trying to avoid a bid rigging situation. Councilman Hallett asked whether we specifically omitted this affidavit, or was it something we don't normally do anyway. Attorney Knutson stated that we try to do it as a matter of course, but that it was omitted in this instance. Councilman Hallett pointed out that one of the bids accepted did not comply with the affidavit and questioned Attorney Knutson as to whether or not that could create a problem with those bidders who did comply. Attorney Knutson stated that this is a type of bid requirement that may be waived as a minor irregularity, and that it should not be a problem. Manager Flodstrom further pointed out to Council that the non collusion affidavit was included in all the bid packages, but some of them were returned unsigned. On call for the question, the motion carried. 2. Payment to Riddell, Williams of $9,282.07 Authorized Councilman Gabriel moved that Council authorize payment of the total amount of $9,282.07 to Riddell, Williams for legal representation on WPPSS matters. Councilman Lemon seconded. On call for the question, the motion carried. VIII CONSENT AGENDA Councilman Hesla moved for the approval of the items listed on the Consent Agenda, including: (1) Request for progress payment to Fremont Construc- tion on City Hall Project of $64,244.02; (2) Request permission to call for bids for Police Car Maintenance; (3) Correspondence from Washington State Liquor Control Board; and (4) Vouchers of $286,556.71 and payroll of 2 -12 -88 of $221,575.57. Councilman Lemon seconded. Councilman Stamon, for a point of clarification on the contract for main- tenance of the Patrol Car Fleet, said the intent of the Council is that we exercise the option and extend the existing contract. for another year. She offered that as a friendly amendment. Councilmen Hesla and Lemon con- curred. Councilman Lemon expressed his concern on the Solid Waste recycling ad, asking if the funds that pay for that come out of the grant money we received. Public Works Director Pittis stated that he believed that was a part of that program, but that it wouldn't pay for all of it. Councilman Gabriel asked if the Patrol Car maintenance contract, if re- newed, would remain at the same cost or if it was negotiable. Administra- tive Services Director Wolfe stated that in this instance, we have the right to renew for one year at the current amount and that we would have to rebid next year. On call for the question, the motion carried. IX ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Ray Taylor, 1025 West Sixth Street, recommended to the City Council to activate a committee of Councilmen, City Manager and employees concerned with the aspects of their jobs. Mr. Taylor was concerned that the Council wasn't taking an active role in the employer /employee relationship. He stressed the importance of Council's involvement in negotiations. Councilman Sargent asked Mr. Taylor if he thought this should be a labor negotiating committee. Mr. Taylor responded that Council could call it a Labor Relations Committee, but said Council could choose to call it whatever they wish. Again, he stressed that the Council needed to have an active part in negotiations and to know what is going on. Carl Alexander, 1712 West Fifth Street, recommended that the Council, in regards to the evaluation of the City's Manager's position, step up the evaluations to three or four times a year, as opposed to the current once a year. Additionally, he thought it would be a good idea to do the same with the position of Mayor, his reason being that both these positions are appointive and are not directly responsible to the electors. He further stated he felt both of these positions would benefit from the input of the full City Council on a regular basis. Councilman Gabriel directed a question to Attorney Knutson in regards to discussing Mr. Taylor's and Mr. Alexander's concerns in the executive session. Attorney Knutson stated that it would be appropriate to discuss Mr. Taylor's concerns in executive session because they relate directly to a topic which is appropriate for executive session, that is, labor nego- tiations. But Mr. Alexander's relates more to process and that should be discussed in open session. Mayor McPhee stated that he disagreed with the City Attorney. He felt that Mr. Taylor's suggestion did not deal with a specific negotiation. Attorney Knutson replied that if it is directly related to a specific negotiation, then it should not be discussed in an open session. Hattie Berglund, 1834 West Seventh Street, addressed the item on the Economic Development Council contract. She was concerned that the EDC does not do enough, or anything, to help the existing businesses, whether they are large or small, but particularly, the smaller businesses who are the core of Port Angeles. She felt that if the City is going to continue to fund or help fund the EDC that a top priority ought to be helping the existing businesses in Port Angeles. Councilman Stamon gave Council a suggestion that was shared with her at the last Council meeting; that is having Councilmembers have a show of hands when voting. This would enable the audience to see how the votes are cast. She also mentioned the Town Meeting which is to be held Thursday, February 18th, in the Council Chambers at 7 P.M., extending an invitation to all those interested in participating. Another suggestion brought to Council- man Stamon's attention was in regards to the sign -in sheet. The suggestion was made to pass the roster through the audience so that people who wish to sign have the opportunity to do so. She also noted that it is not a requirement to sign in. X LEGISLATION 1. Presention on the Jefferson Meeting by Gay Knutson of the Clallam County Centennial Committee Gay Knutson announced a State -wide meeting to be held March 4th and 5th in the Council Chambers, regarding the Constitution. Mrs. Knutson showed a short video and stated that she felt it is important for people to read and discuss the Constitution. 2. Planning Commission Minutes of February 10, 1988 A. Conditional Use Permit Davis -3- CITY COUNCIL MEETING February 16, 1988 Councilman Hallett moved for concurrence with the Planning Commission to grant an extension for one year to allow a one person beauty shop to operate as a Home Occupation in the RS -7, Single Family Residential District, located at 736 East Caroline, subject to the original conditions 941 942 CITY COUNCIL MEETING February 16, 1988 and citing the original findings. Councilman Gabriel seconded. On call for the question, the motion carried. B. Conditional Use Permit Kumpula Councilman Sargent moved to accept the recommendation of the Planning Commission to approve Mr. Kumpula's request for a Conditional Use Permit to allow a business which requires the use of pesticides, insecticides, and herbicides as a Home Occupation, located in the RS -7, Single- Family Resi- dential District at 127 East Lopez, subject to the following conditions: (1) Only one employee visit the site at a time; (2) There shall be no chemical storage on the premises; (3) All container storage shall occur in a locked shed inside the carport; (4) Repair, maintenance and testing of any equipment of the business shall not take place at the residence; (5) Only stable chemicals, approved by the Fire Department, and not exceeding the quantities necessary for a single day's use, may be stored in the vehicles; (6) The Permit shall be reviewed in six months by the Planning Commission and the business shall be available for periodic inspection by City staff at any time; and adding (7) Any violation of this Permit shall be grounds for immediate termination of the Permit; citing as findings that with the above conditions, the proposed Home Occupation can be compatible to the residential area because only the administrative and bookkeeping activities are occurring on -site and the main business is occurring elsewhere. Councilman Stamon seconded. Councilman Sargent stated she felt this was a very unusual permit and voiced her concerns in this matter, addressing specifically the use of the chemicals and also the noise which has been complained of by the neighbors. Also the safety because of the many employees that have been going up and down the alley at a considerable speed. She pointed out that this business has been operating illegally since 1980 and thus needs to be closely monitored. Councilman Lemon asked Councilman Sargent to explain why the Planning Commission should do the review instead of the staff. Councilman Sargent stated that she believed that to be the way the restriction was stated originally. The question was then directed to Planner Carr, who stated that the context of the review was to be done by the Planning Commission. Councilman Lemon asked Planner Carr if the Planning Commission was going to be doing the inspection, or if staff would be doing the inspecting and bringing back the recommendation to the Planning Commission. Planner Carr stated that it was his understanding that staff would be bringing back the recommendation to the Planning Commission for its direction. Councilman Lemon'suggested a friendly amendment, stating that it would be the staff doing the initial investigation, bringing it back to the Planning Commission. Councilman Stamon asked Attorney Knutson if there actually is a violation of this Permit, is this something that we can adequately enforce. Attorney Knutson stated that it depends on the cooperation of the Permittee. If we did not get cooperation in posting the business for no occupancy, then we would have to go to court ultimately to obtain enforcement. Councilman Stamon asked Attorney Knutson if he was comfortable with the motion as it is worded. He stated that he was. Councilman Stamon stated that she shared Councilman Sargent's concerns. Councilman Gabriel asked Planner Carr if the main activity at the residence would be bookkeeping procedures. Planner Carr stated that there also would be some equipment and machinery storage and vehicle storage, which will include some pesticides, insecticides, etc., in quantities up to an amount sufficient for one day's use overnight in the vehicles. Planner Carr pointed out that there will have to be some updating done for storage. Councilman Hallett stated that he would vote against the motion because Council is making a lot of exceptions to the Conditional Use Permit that on the surface has all the appearance of a commercial operation, and he noticed that the Planning Commission has had lengthy discussion on this matter, and while it was not unanimous, it was 5 1. He stated he would have to side with the minority in this case, plus the fact that with the discussion so far, he would feel much more comfortable denying it on the -4- basis of the present codes that we do have and the fact that it does appear to be not a compatible use within a residential neighborhood; and encourage the applicant if he wants to re -file again, to do some of the things Council has been talking about and come back with an application that could alleviate a lot of those concerns. He further stated that although he likes to give the benefit of the doubt to the applicant, in this case, however, the number of conditions we have imposed have watered down the existing Conditional Use Permit provisions that Councilman Hallett feels he cannot support. Councilman Sargent commented that the reason she suggested this was that her first inclination was the same as Councilman Hallett's. However, she feels she doesn't want to discourage businesses and this gives the appli- cant the chance to clean up his act and comply with the conditions. Councilman Stamon echoed Councilman Sargent's concerns and also with the conditions that are imposed. Basically what we are going to have, as Councilman Gabriel pointed out, is a bookkeeping business. The amount and ability to store chemicals and equipment at the site is going to be strictly limited, severely limited, to the point that there really is not going to be much of an opportunity to have any of the kinds of things there that would indicate that there is a commercial enterprise going on. So it is basically limiting the business to the bookkeeping functions, with the exception of the storage of one vehicle. Councilman Lemon echoed Councilman Hallett's concerns, to police this every single day to see what's going on with these particular chemicals, being able to check that only one day's worth of chemicals to be kept on -site. Could there be a situation of encouraging him to relocate to a warehouse by putting a finite term on this, one year, that's not negotiable? Planner Carr stated that Council does have that authority. He also stated that Mr. Kumpula has moved the present chemicals to a commercial site outside the City at the request of the Fire Department. On call for the question, the amended motion carried, with Councilman Hallett voting "No C. Minutes Accepted Councilman Stamon moved to accept and place on file the Planning Commission minutes of February 10, 1988. Councilman Sargent seconded and the motion carried. 3. Consideration of Special Agency Contracts Councilman Hallett asked Attorney Knutson about the changes that were made between the drafts and the originals, if any. Attorney Knutson stated that in the case of the Museum contract, we added the phrase "visual art center" in order to recognize that at the Museum there are photographic exhibits and lots of photographs that are in storage and that also lends legal authority to using the Hotel /Motel Tax funds to pay for the Director's salary. A. Clallam County Historical Society Councilman Sargent moved to authorize the Mayor to sign the 1988 service contract with the Clallam County Historical Society. Councilman Lemon seconded and the motion carried. B. Derby Days Councilman Stamon moved to authorize the Mayor to sign the 1988 service contract with Derby Days. Councilman Gabriel seconded and the motion carried. C. Clallam County Economic Development Council CITY COUNCIL MEETING February 16, 1988 Councilman Stamon moved to authorize the Mayor to sign the 1988 service contract with the Clallam County Economic Development Council. Councilman Lemon seconded. 943 944 CITY COUNCIL MEETING February 16, 1988 Councilman Stamon commented in response to the issue raised by Mrs. Berglund. She stated that a number of people in the community share in the terms of concern and she believes that the EDC and their Board are sensi- tive to that issue and it is one of the goals they plan to work on this year; to develop more of their time to working towards the retention of small businesses and assistance to small businesses. Councilman Hallett also noted for the public that there is a proviso in the contract which indicates that reports are due on or before the 15th of January, April, July and October, which gives the City Council the right to review what the particular organization is engaging in; whether they are meeting the objectives that we feel comfortable with for us to ask questions about their performance, not only in terms of programs as well as financial, a chance to look at statements, etc. In closing, he urged Council to review these findings so that when it came to budget review, they could make better decisions based on these findings. Mayor McPhee stated that he didn't believe any citizen of Port Angeles should have to pay more than a citizen of Sequim, for example, and that he didn't think Council's contribution to the EDC should be greater than that of Sequim or Forks, on a per capita basis. The budget allows for it. On call for the question, the motion carried. D. Arthur D. Fiero Marine Lab Councilman Lemon moved to authorize the Mayor to sign the 1988 service contract with the Arthur D. Fiero Marine Lab. Councilman Hallett seconded and the motion carried. E. Port Angeles Chamber of Commerce Councilman Lemon moved to authorize the Mayor to sign the 1988 service contract with the Port Angeles Chamber of Commerce. Councilman Gabriel seconded. Manager Flodstrom noted changes in the contract, page The amount in Section A should be $32,707 and $8,176. that the dues are not paid by the Hotel /Motel Tax and be deducted from the reimbursement portion of the cont paid separately from the City's Current Expense Fund. On call for the question, the motion carried. F. Tourism and Convention Association of Clallam County 3, Sections A and B. 75; the reason being therefore should not ract. They should be Councilman Stamon moved to authorize the Mayor to sign the 1988 service contract with the Tourism and Convention Association of Clallam County. Councilman Hallett seconded. Councilman Lemon voiced his concerns about the way tourism is being handled and strongly urged the Chamber and TCACC to re- evaluate their goals, especially regarding conventions. Councilman Stamon noted that the Executive Board of TCACC has approached the Executive Board of the Port Angeles Chamber of Commerce and they will be meeting in the near future to discuss these issues. She feels we will see an agreement between those two organizations to work together in as many ways as they possibly can to make sure that the moneys that are committed to each of these organizations is expended in as wise and prudent a way as possible to further the development of tourism and convention promotion within not only the City of Port Angeles, but Clallam County as a whole. She further reminded the Council that this is a new organization. She stated that since this organization is only a year old and that they started from scratch and are developing a brand new organization, they have done an excellent job. And she feels we will see good things continuing to come from them. Councilman Hallett added he felt that Councilman Lemon's and Mayor McPhee's points were well taken and he shares those same concerns. He encouraged the Council to become actively involved and to ask questions so that they could be responsive to their constituents when they ask what kind of support are we providing and why. -6- Councilman Gabriel expressed his concerns, stating that he preferred in the future not to see any money from the Hotel /Motel Tax go toward the adminis- tration of the organization. He felt that this money should be solely used for promoting tourism. Councilman Sargent echoed Councilman Lemon's concerns in the fact that Port Angeles is paying $40,000 and Sequim and Forks are only paying $1,000, and that seems out of proportion and she hoped maybe that would change. On call for the question, the motion carried. 4. Memo Re: Comprehensive Goals /Objectives and Budget Review CITY COUNCIL MEETING February 16, 1988 Councilman Sargent suggested to Council getting together to set a date so that Council could review its Goals and Objectives. Councilman Stamon concurred with Councilman Sargent. She stated that she and Councilman Sargent co- authored this memo in an attempt to get Council back on track to get a set of Goals /Objectives and budget that belong to this Council, as an opportunity to move forward; and further to discuss the role and duties of the Mayor. She suggested that they do these in a series of work sessions. Councilman Hallett felt this was an excellent idea, but asked for clari- fication as to what a work session is primarily. Councilman Stamon stated that they would be similar to work sessions held in the past; to get Council to sit down together and discuss goals and objectives, giving each other a chance to ask questions and to get a clear idea about how the budget comes out of the goals and objectives. Councilman Hallett stated that these meetings would be open to the public, they can observe but they will not be public hearings, but will be a chance for Council to freely exchange ideas. Councilman Stamon said that was correct, and that after the series of meetings, Council could decide if there were further areas that they needed to make changes in, particularly in the budget, and at that point, hold public hearings, making the informa- tion the Council has available to the public prior to that time. Councilman Lemon stated that he felt very strongly Council needed to go back one more step and in the Goals and Objectives, initially involve the citizens, putting their responses with Council's response also. Councilman Stamon said that she had considered making that suggestion, but reminded Council that in June they will be doing this all over again. She further stated her intent was to get Council through this budget before having to get involved once again in the next biennial budget. After further discussion, Council set the first work session for Tuesday, February 23, 1988, at 5:30 P.M. in the Council Chambers. 5. Proposed Guidelines for "Permitting Review" Process Councilman Hesla stated that the Permitting Review Process Committee's intent was not to take on too much at each forum" so that the Committee could thoroughly go through it and then come back to the Council for action. Possibly, one topic could be Building Permits and that could encompass the entire meeting, and then work through that issue, finalize it, and go on to the next one. Councilman Lemon voiced his concern heard from citizens that they would staff would be present, feeling that and they really wouldn't want to talk under Item #2, stating that he had not attend the "think tanks" because they would suffer consequences later, if a staff member was there. Councilman Hallett asked when the Committee anticipated having their first meeting. Councilman Hesla said they had not set a date. Councilmen Lemon, Hallett and Hesla will be Councilmembers on the Permitting Review Com- mittee. Councilman Hesla stated that after general concurrence, the Permitting Review Process Committee would send out some invitations, applications, and advertise for the forums. 945 REQUESTS FOR PROPOSALS The City of Port Angeles is requesting Proposals to ob- tain qualified, professionally licensed, environmental eng- ineering services to evalu- ate, advise and, if neces- sary, prepare specifications and administer a contract to remove and dispose of poly- chlorinated biphenyl (PCB) contaminated soil. Proposals must be received by the City of Port Angeles, Light Department, on or be- fore 5:00 p.m., June 21, 1988 at its office at 321 East 5th Street, Port Angeles, Wash .ion 98362. "Request for Proposals" may be obtained from the office of the Electrical Engineer, Port Angeles Light Depart- ment, 321 feast 5th Street, Port Angeles, Washington 98362 er by calling (206) 457 -0411, Ext. 192. Pub.: May 22 25, June 1, 12, 1988. a 946 CITY COUNCIL MEETING February 16, 1988 After further discussion, Mayor McPhee stated that the Council would be waiting for more information from the Permitting Review Process Committee. BREAK The meeting was recessed for a break from 8:36 P.M. to 8:45 P.M. 6. Selection of Citizens to Parks, Recreation, and .Beautification Commission After Council voted, the new members of the Parks, Recreation and Beauti- fication Commission are Jerry Edelbrock (who received 4 votes) and Roger Reidel (who received 6 votes). Mayor McPhee offered his congratulations and thanked those who applied for their interest. Councilman Sargent suggested that those applicants who were not appointed leave their names on file in case of any future openings. 7. Clean -up of PCB Oil At Second and Valley Councilman Hallett moved to authorize the City Light Department to call for proposals from environmental consultants for the clean -up of the Second and Valley PCB oil spill. Councilman Stamon seconded. Councilman Stamon stated that this was also the recommendation of the Utility Advisory Committee and that they are sensitive to the expressed concerns, as well as the opportunity of providing. local consultants or local engineering firms with the opportunity to come forward and bid. Councilman Lemon directed a question to City Light Director Orton as to whether or not we could submit a plan to use our own techniques first, before going to a consultant process, to see if that could be approved or disapproved. Light Director Orton replied that we are able to handle a new small leak, but not a major catastrophe. And because of the size of the current problem, it excludes our participation. He further stated that he was looking for a professional engineering firm write -off to satisfy an EPA audit and that is something we cannot do in- house. On call for the question, the motion carried. 8. Consideration of Contract With R. W. Beck for Waste -To- Energy Study Councilman Hallett moved to accept the contract and authorize the Mayor to execute the contract for the proposed waste -to- energy feasibility study with R. W. Beck Associates. Councilman Stamon seconded. Councilman Stamon noted local contractors had an opportunity to be involved and that R. W. Beck has informed us that they will be using a local firm for research and field work. On call for the question, the motion carried. 9. Consideration of Reappointment to Current Members of the Citv's Planning Commission, Board of Adjustment, and Parks, Recreation and Beautification Commission Councilman Stamon moved for a point of discussion that Council concur with the recommendation and re- appoint Jim Lunt and Larry Fredrick to the Parks, Recreation, and Beautification Commission; Dick Wight and Jim Hulett to the Planning Commission; and Scott Lewis and Geral Barnhart to the Board of Adjustment. Councilman Hesla seconded, and also added that Council solicit for the vacancy on the Board of Adjustment. Councilman Sargent asked if this was a usual process to reappoint people, rather than asking people to apply. Mayor McPhee stated that it was not unusual. Councilman Hallett further stated the Council has a prerogative to choose to reappoint or solicit for applications of interest. Councilman Gabriel stated that he felt the current people on the boards were doing a good job, but he felt that other people should have the opportunity to serve on these boards. Councilman Stamon noted there have been openings in the past few months on these boards and that there has been an opportunity for people to come forward and offer their services. -8- ORDINANCE NO. 2479 AN ORDINANCE of the City of Port Angeles, Washing- ton, revjsing the amount of compensation required for vacating a portion of Fourth Street and a portion of the 3 /4 alley and amending Sec- tion 2 of Ordinance No. 2467. WHEREAS, the,,Cityi 4ouncil; by Ordinance No.. 2467, previously vacated a- portion of Fourth Street abutting Lots 19 and' 20 and a portion of the 3 /4 alley abutting Lots 2, 19, and 20, Block 76, TPA; and WHEREAS, the amount of compensation required in Ordinance No. 2467 for said vacation was based on real estate values in excess of what the abutting property owner recently paid for the abutting property; and WHEREAS, the City Council finds that in the interests of fairness and equity, the compensation required for the vacation of said street and alley should be reduced; NOW, THEREFORE„ I f HE CITY COUNCIL ()F THE,' CITY OF PORT OES HERE BY ORDAIN as' follOw5: Section 1. Section 2 of Ordi- nance No. 2467 is hereby amended to read as follows: Section 2 Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of this street and alley i&S1,05`7.50. Section 2 Effective Date. This ordinal be effective only upon the satisfaction of the terms and conditions Cif Or- dinance No. 2467 as amend- ed by this ordinance and the Clerk is hereby directed to file, record and publish Ordi- nance No. 2467 as amended by this ordinance upon that satisfaction. PASSED by the City Council of the City of Port Angeles at a regular meeting of ,laid Council held on the 16th day of February, 1988. Frank McPhee, Mayor ATTEST: Michelle Bradley City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: June 9. 1988. Councilman Sargent stated that there had been five applicants to the Parks, Recreation, and Beautification Commission, and only two were appointed, and she felt they should open these up to applicants. Councilman Hallett spoke in favor of the motion because he felt the people who are presently serving have done a good job and have requested that they be reappointed. Councilman Hesla echoed Councilman Hallett's sentiments. Councilman Lemon voiced himself in opposition. After further discussion, Mayor McPhee called for the question. Councilmen Stamon, Hallett and Hesla voted "Aye and Councilmen Lemon, Sargent and Gabriel voted "No Mayor McPhee broke the tie by going on the record as an "Aye" vote and the motion carried. 10. Report From Audit Committee on the Purpose and Scope Mayor McPhee read the purpose of the Audit Committee: "To study situa- tions, as directed by the City Council, and provide in -depth analysis and recommendations to the full Council. These situations would include, but not be limited to, unresolved matters previously discussed by the full Council." Following some discussion on the matter, Mayor McPhee stated that the Audit Committee would do nothing that was not directed previously by the full Council. Councilman Stamon voiced her concern that this Committee be careful not to tread on the territory of some of the other committees, such as the Utility Advisory Committee and the Real Estate Committee. Mayor McPhee agreed. 11. Recommendation from Real Estate Committee to Reduce Compensation Amount for Street Vacation Councilman Hallett asked the Real Estate Committee what factors precipi- tated the revision and what was there before this point? Councilman Lemon stated that the Real Estate Committee looked at the County's evaluation andl, what the average price was on that per square foot, and then times it by gross amount of square footage and then going 50 What the Real Estate Committee looked at was the tax revenue on the piece of land. After further discussion, Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2479 AN ORDINANCE of the City of Port Angeles, Washington, revising the amount of 'Compensation required for vacating a portion of Fourth Street and a portion of the 3/4 alley and amending Section 2 of Ordinance No. 2467. Councilman Hesla moved to adopt the Ordinance as read by title. Councilman Lemon seconded and the motion carried. 12. Consideration of Request from Operation Uplj.ft.o Extend Their Lease Councilman Stamon moved to concur with the request of Operation Uplift to extend their lease for a one -year period for the house at 416 South Peabody Street. Councilman Hallett seconded. Councilman Stamon, in speaking to her motion, stated that this is one of the kinds of groups that occur and exist in the City of Port Angeles that serve the people selflessly and to an extent that can't be duplicated with money. The care and loving that goes into the service that these people extend is incomparable and there is no dollar amount that we could ever place on this. She further stated that she could not speak highly enough of this organization and their accomplishments. On call for the question, the motion carried. 13. Consideration of Morse Creek Caretaker's Agreement Councilman Gabriel moved to authorize the Public Works and Light Department Directors to execute the attached caretaker's agreement. Councilman Sargent seconded and the motion carried. -9- CITY COUNCIL MEETING February 16, 1988 947 948 CITY COUNCIL MEETING February 16, 1988 14. Request From Clallam County Museum to Use a Portion of City Light Building for Museum Storage Councilman Stamon noted that there was no recommendation from staff and questioned Attorney Knutson as to our liability in this situation. Attorney Knutson stated that we would be accepting the exposure to liability unless we have an agreement in which the Museum would hold us harmless and perhaps provide insurance coverage for their own artifacts or whatever else is being stored. He further stated that he recommended we come back with some type of written agreement or a modification to the agreement we decided to execute this evening with the Historical Society. Councilman Stamon moved to concur with Attorney Knutson's recommendation. Councilman Lemon seconded. Councilman Sargent felt that it should be referred to the Real Estate Committee. After further discussion, Councilman Stamon withdrew her original motion and moved to refer this issue to the Real Estate Committee. Councilman Gabriel seconded. Mayor McPhee asked if the space was secure from the City's point of view, and is the City's property secure from the contemplated space. Manager Flodstrom answered that it was, and that both of those needs could be met. On call for the question, the motion carried. Councilman Stamon stated that the intent of her motion was to refer this to the Real Estate Committee and ask that they come back with some sort of document supporting the recommendation, if that is, in fact, the recom- mendation of the Committee. 15. Consideration of Change in Custodial Services to City Facilities Mayor McPhee directed a question to Manager Flodstrom as to the increase of cost over the current contract. Manager Flodstrom stated that the alterna- tives are a decrease in cost. He further went on to discuss the alterna- tives. Councilman Lemon was concerned and asked if this could be brought before the Audit Committee, and also voiced his concerns with the alternatives. Mayor McPhee asked Councilman Lemon if it would put his mind at ease if they called for bids on the services, stating that would give Council a benchmark to compare all of these. Councilman Hallett asked about the status of the current contract with New Broom. Administrative Services Director Wolfe stated that we are on the old contract, with an extension on it, on a day -to -day basis. Councilman Hallett moved to issue an invitation '+to bid on janitorial/ custodial services. Councilman Lemon seconded and the motion carried. 16. Consideration of Out -of -State Travel Request Officer Gallagher Councilman Sargent moved to support the recommendation to send Officer Gallagher to the PRIDE Conference. She pointed out that the Jet Set Soroptomists would be paying $500, leaving the total cost for the City of $140. Councilman Stamon seconded. Councilman Sargent, in speaking to her motion, stated that she has witnessed Officer Gallagher and his drug program and it was excellent and sensitive to the needs of our youth. She highly recommended it. Mayor McPhee pointed out that a representative from the School District and the County would also be attending. On call for the question, the motion carried. ORDINANCE NO. 2488: AN ORDINANCEpf the City of Port Ata8etes, establishing a „jollity for pay of .necessary for meals and refreshments 01 .certain meetings of City ment, and adding a mho Chapter 2.04 to the Port Municipal Code. WHEREAS, there is an increasing necessity to conduct im= portant City business at City meetings that have' to be schedu at normal meal times or for an extended dura- tion, ry during late evening hours; and WHE when City meetings are scheduled at such times and demands on City officials; and employees' time' preclddel their ability to have meals or take breaks on their own time, it is necessary and appropriate that City officials and employees, who are required to attend such meetings as part of their official duties, have meals and/ or re provided in order to make the most offi- cio* use of their time; and WHEREAS, when City meetings extend over a number of hours, particularly sluring_Iate evening, it is necessary and appropriate to provide refreshments during such meetings in order for participants' mental and physical faculties to function optimally and to facilitate meaningful participation in, and contribution to, the process of open government; and WHEREAS, it is necessary to establish a policy for paying fo;f such expenses; NOW, TIWEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section. 1. There is hereby established a new Chapter, 3.26 of the Part Angeles Municipal Code, to read as follows: Chapter 2.04 CITY MEETING EXPENSES Sections: 2:04.010 Purpose. 2.04.020 Policy Established. 2.04.010 Purpose. The purpose of this Chapter is to esta lish a policy for the payment of necessary expenses for meals and refreshments at certain meetings of City god ernment. Payment of such expenses is necessary and ap+ propriate dim to increasing necessity to fir. tant City business at City meetings, that have to be scheduled at normal meal times or for an extended dare= tion, particularly during late evening hours. 2.04.020 Policy Established. It shall be City policy to pay expenses for meals or refreshments, which shall in ne event include alcoholic beverages, as may be specifically approved from time to time by the City, Council or Cite Manager, in the following circumstances: A. Wheir City meetings have to be scheduled by the City Council at normal meal times so that City officials and employees will be precluded from having meals on their own time, meals may be provided for such officials and employees as approved by the City Council for payment by the City Manager or his designee, that the cost of such meals shall not exceed the amount specified in the Personnel Policies and Procedures; and B. When City meetings will extend' over a number of hours and refreshments will assist participants' mental and physical faculties to function optimally and thereby facili- tate meaningful participation in, and contribution to, the process of opal government, refreshments may be provid- ed for such participant§ and paid for by the City Manager or his designee, provided that the cost of such refresh ments shall not exceed $25 per meeting. Section '2 SO/erabiilty. If any provisions of this Ordinance, Cr its appiiialtlon to any person or circumstance, is held invsUjd, the minder of the Ordinance, or application of the provisions of'the Ordinance to other persons or circum- stances, R not affected. Section 3 Effects Date. This Ordinance shall take effect five data its publication. PASSED by the City Council of the City of Port Angeles a r e ul arymeetin of said Council held on the 16th day p Frank McPhee, MAYOR ATTEST: Michelle Bradley, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: March 8, 1988. 17. Review of City's "Take- Home" Policy for Police Vehicles 949 CITY COUNCIL MEETING February 16, 1988 Mayor McPhee asked Manager Flodstrom whether all of this was precipitated from the anonymous letter that was received. Manager Flodstrom replied that it, in fact, was and that he felt the matter needed to be discussed by Council. Mayor McPhee stated that he personally preferred that we didn't respond to unsigned letters. Councilman Sargent stated she had asked that this item be placed on the Agenda. Councilman Lemon, for a point of discussion, moved that the use of the units for to and from work should be within the corporate City limits, unless called to an on -duty status. The motion died for lack of a second. Councilman Stamon moved to reaffirm the practice as previously outlined. She felt that it was well supported with the documentation Council received. She further stated she appreciated the citizen's concern, even though it was an unsigned letter, but she felt that the City is well served by this practice. Councilman Hesla seconded. Councilman Gabriel asked Police Chief Cleland what the current policy is on vehicles outside the City limits. Chief Cleland stated there has not been a limit as of late, except with one officer who lives in Joyce and takes his car home on an average of once a month, and that is to perform the maintenance as necessary. The greater Port Angeles area has been the rule, which is the same as employment 30- minute response time and that has been generally what they have stayed with in the car program. Councilman Hallett commented that the car was considered part of the officer's assignment. Councilman Lemon asked Chief Cleland whether it was true in the past that the vehicles were rotated so they were used almost on a continuous 24 -hour basis. Chief Cleland stated that was correct. Councilman Lemon stated this his opposition to the motion was because the car is being used for an 8 -hour period, plus time of travel, which is going to create longevity for the vehicle. He stated that the pride of ownership, of taking care of that vehicle, is automatic because of the situation. He further felt the cars should be left inside the City limits. After further discussion, Councilman Stamon gave reasons for her motion: (1) Cost of running the Patrol cars is about one -half; (2) Two officers respond on their own time in accident /fatalities areas; (3) Take- home policy has become a model throughout the State; (4) We can now extend the life of the vehicles. Councilman Hallett asked when we might need vehicle fleet replacement. Chief Cleland said he expected it to be at least two more years. On call for the question, the motion carried, with Councilman Lemon going on the record as a "No" vote. Councilman Stamon asked Council to urge people to sign their names to letters sent, and to consider the practice of responding to unsigned letters. She felt that people have an obligation to sign their name if they have a complaint. Councilman Gabriel was concerned that it was an anonymous letter. 18. Consideration of Ordinance Establishing Policy for Meals and Refreshments at Meetings Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, establishing a policy for payment of necessary expenses for meals and refreshments at certain meetings of City government, and adding a new Chapter 2.04 to the Port Angeles Municipal Code. 2480 950 CITY COUNCIL MEETING February 16, 1988 Councilman Stamon moved to adopt the Ordinance as read by title. Council- man Gabriel seconded and the motion carried. XI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. XII CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Stamon thanked the Public Works Department for the work they did on the Park Street trail. Councilman Stamon gave a report on the Centennial Committee and the business incubator that she and Councilman Sargent are working on. The next meeting is scheduled for February 24, 1988, at 7:00 P.M. at City Hall. She reminded Council of the "Green Light" session to be held February 27th at 9:30 A.M. at Peninsula College, dealing with destination facilities. Councilman Stamon also pointed out to Council an article in this month's issue of "Governing" regarding various forms of government. Councilman Sargent commented that the Council would be having a booth at the City Home Show on February 27th and 28th and members of Council and staff will be manning the booth. Manager Flodstrom introduced Light Di rector Orton to give Council an update on an award presented to the Utility. Director Orton stated that the Super Good Cents Compliance Program honored City Light Energy Analyst Mike Brown as one of the finest in the region; and also that BPA notified the Utility that it has won the 1987 Super Award for having the greatest number of homes built to Super Good Cents standards in utilities with housing starts between 11 and 100 in a four -state region. As a result, we will receive an additional $3,000 in grant funds. Director Orton asked Council to send Sheila Hardy, Conservation Manager, and Mike Brown, Energy Analyst, to Portland to receive the award on February 22nd. He further invited a member of the Council to attend. Councilman Stamon moved to authorize attendance by Councilman Gabriel, Sheila Hardy and Mike Brown at the awards ceremony to be held in Portland on February 22nd. Councilman Sargent seconded and the motion carried. XIII ADJOURN TO EXECUTIVE SESSION The meeting was adjourned to executive session to begin at 10:00 P.M. for the purpose of discussing labor negotiations, purchase and sale of property, and pending litigation. The executive session was anticipated to last for approximately 1 hour. XIV RETURN TO OPEN SESSION The meeting returned to open session at approximately 1:00 A.M. K XV ADJOURNMENT The meeting adjourned at approximately 1:03 A.M. Ae2e* e&, Clerk Mayor -12- s NOTICE that the Council of the City of Port Angeles will hold a special meeting on Tuesdays February 16, }988, at r r e Council Chambers at 321 E. 5th St. The purpose of this special meeting is to interview can- didates for the sesta cy o the Parks Recreation tification Commission. Michelle Bracer City Clerk Pub.: Feb. 14. 1988: