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HomeMy WebLinkAboutMinutes 02/21/1989I CALL TO ORDER Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:02 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by the Spanish Club of the Port Angeles High School, members present Ryan Kilmer, May Nicholson, Derek Kilmer. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Lemon, Sargent, Stamon. Members Absent: Councilman Hordyk. Staff Present: Manager Flodstrom, Attorney Knutson, Clerk Maike, 0. Miller, M. Cleland, S. Hardy, J. Hicks, L. Glenn, J. Pittis, D. Wolfe, K. Ridout, C. Jones, M. Campbell, D. McKeen, G. Kenworthy, E. Bonollo, B. Becker, J. Abram. Public Present: P. Vanderhoof, M. Todd, D. Reed, R. French, J. Andis, C. Alexander, R. Taylor, P. Cronauer, H. Berglund, D. J. Bowly, L. Beil, K. L. Rose, A. Brodhun, L. Torres, P. Weiseth. IV APPROVAL OF MINUTES Councilman Stamon moved to accept and place on file the minutes of the February 7, 1989, regular City Council meeting. Councilman Sargent seconded and the motion carried unanimously. V FINANCE CITY COUNCIL MEETING Port Angeles, Washington February 21, 1989 1285 1. Request for Payment of 53.043.23 to Riddell. Williams for Legal Representation on WPPSS Issues Councilman Sargent moved to authorize payment of the February 1, 1989, Riddell, Williams bill in the total amount of $3,043.23 for legal repre- sentation on WPPSS issues. Councilman Stamon seconded and the motion carried unanimously. 2. Consideration of Bid Award for Petroleum Products for 1989 Councilman Hallett moved to concur with the recommendation to award the bid for 1989 petroleum supplies to the lowest responsible bidder in each category, as follows: Regular Leaded, Premium Unleaded, Regular Unleaded, Diesel Motor Fuel, and Diesel Heating Fuel to Oil Heat Company of Port Angeles; Propane to Ferrellgas; Insulating Oil to Bauman Olympic, Inc.; Solvent, Heavy Duty 30 Wt. Oil, Automatic Transmission Fluid, Hydraulic Fluid, Gear Oil, Heavy Duty Gear Oil to Bill Earley Distributing, Inc. Councilman Stamon seconded and the motion carried unanimously. 3. Consideration of Bid Award for Traffic Materials Councilman Stamon moved to concur with the recommendation of the Public Works Department to award the bids to the lowest responsive bidders for each of the following schedules: Schedule A, Traffic Paint, to Alpine Chemical in the amount of $4,635.40; Schedule B, Traffic Glass Spheres, to Potter's Industries, Inc., in the amount of $1,428.35; Schedule C, Lane Marker Adhesive, to Nabco Manufacturing Co., in the amount of $1,678.23; Schedule D, Reflective Traffic Signs, to Zumar Industries, in the amount of $13,587.92; Schedule E, Reflective Sign Faces, to Nabco Manufacturing Co., in the amount of $689.70; Schedule F, Sign Letters Border Tapes, to Nabco Manufacturing Co., in the amount of $610.68; and Schedule G, Sign Supports, -1- 1286 CITY COUNCIL MEETING February 21, 1989 to Unistrut Northwest, in the amount of $5,342.38. Councilman Hallett seconded and the motion carried unanimously. 4. Consideration of Bid Award for Patrol Car Maintenance Councilman Sargent moved to award the contract for the 1989 Patrol Car Maintenance to Phelps Tire Co. of Port Angeles. Councilman Stamon seconded. Councilman Sargent noted that the prices quoted are the same as awarded since 1986. On call for the question, the motion carried unanimously. 5. Consideration of Bid Award for Corporation Yard Improvements Councilman Stamon moved to concur with the recommendation of the Public Works Department and reject the single bid that was received from Malco Inc., because the bid was 58% above the engineering estimate for this particular project. Councilman Sargent seconded. Councilman Sargent stated it was with the understanding that prior to the rebid the Public Works Department will present the Council with an analysis of the new estimate. Councilman Stamon concurred. On call for the ques- tion, the motion carried unanimously. 6. Consideration of Bid Award for Disolav Advertising Peninsula Daily News Councilman Sargent moved to authorize the Mayor to sign the contract for display advertising with the Peninsula Daily News. Councilman Stamon seconded and the motion carried unanimously. 7. Consideration of Acceptance of Tree Trimming Contract and Release of Retainage to Asplundh Tree Expert Co. Councilman Hallett moved to declare Contract CL88 -1 complete and authorize the release of the retainage in the amount of $3,525.54 to Asplundh Tree Expert Co. Councilman Stamon seconded. Councilman Hallett noted that the tree trimming done during 1988 prevented several power outages during the winter storms, and complimented staff for having the foresight to encourage the Council to take action on this issue. Councilman Stamon stated she hoped the Council would continue this program, as necessary. Mayor McPhee voiced his concern over the amount of money spent and that a local contractor was not used. Acting City Light Director Hardy explained there had been an effort made by staff to contact local bidders. However, there was not the expertise or knowledge available in local contractors to fulfill the specifications required. On call for the question, the motion carried unanimously. VI CONSENT AGENDA Councilman Hallett moved to accept the items listed on the Consent Agenda, as follows: (1) Request permission to call for bids for microfilming services; (2) Request permission to call for bids on Race Street signals at First and Front, and on Lincoln at First, Fifth, and Eighth; (3) Request permission to call for bids on equipment replacements for 1989; (4) Corres- pondence from Washington State Liquor Control Board; (5) Vouchers of $175,166.04; and (6) Payroll of 2 -5 -89 of $232,693.39. Councilman Stamon seconded. Staff and Council discussed the process involved in the signalization of First and Front on Race Street and First, Fifth, and Eighth on Lincoln Street. -2- Councilman Hallett, in speaking to the replacement of an ambulance, stated there was no recommendation from the Audit Committee; however, in reviewing the minutes of the Medic I Advisory Board and a letter submitted by Donna Davison which supports the calling for bids for a Type I or Type III ambu- lance, he felt the Council should take action and he amended his motion to include the call for bids for the ambulance. Councilman Stamon concurred. Councilman Lemon stated the Audit Committee has requested additional information before making a final recommendation to the City Council, stating if the motion was to include the call for bids he would be in opposition to the entire Consent Agenda. He said he believed this should be voted on as a separate issue. Councilman Stamon offered the suggestion to set aside from the Consent Agenda Item 3, which is the request permission to call for bids on equipment replacements for 1989. Councilman Hallett withdrew his original motion and the amendment. Councilman Hallett moved to adopt the following items on the Consent Agenda: (1) Request permission to call for bids for microfilming services; (2) Re- quest permission to call for bids on Race Street signals at First and Front, and on Lincoln at First, Fifth, and Eighth; (4) Correspondence from Washington State Liquor Control Board; (5) Vouchers of $175,166.04; and (6) Payroll of 2 -5 -89 of $232,693.39. Councilman Stamon seconded. Mayor McPhee questioned the call for bids on microfilming services and asked if it would be possible to have this work performed by service organiza- tions. Clerk Maike explained that the City does not own the equipment to do microfilming. Administrative Services Director Wolfe also added that the services provided to the City must be certified by the State to meet certain microfilming standards. The service club would have to buy the equipment in order to do the microfilming and also become certified through the State. On call for the question, the motion carried unanimously. K 1287 CITY COUNCIL MEETING February 21, 1989 Councilman Hallett moved to concur with the recommendation of the Audit Committee to call for bids on equipment replacements for 1989, and that the Council further include call for bids on the Type III ambulance, as previously requested. Councilman Stamon seconded. Fire Chief Glenn explained to the Council the difference between a Type I and Type III ambulance, Type I being a gasoline engine on a modular body, and Type III being a diesel engine on a snub -nosed body. He stated the currelt Medic program uses a Type III vehicle. Councilman Hallett stated the recommendation from the Medic I Advisory Board was to include a bid for a Type I vehicle. Chief Glenn responded that it was to bid for either a Type I or a Type III. Councilman Sargent pointed out that according to repairs and maintenance reports, the City incurred costs of $21,000 in the first four years for the maintenance of the 1975 Dodge. Mayor McPhee supported the idea of purchasing a Type I gasoline engine over the Type III diesel engine, as he felt it was a much less expensive vehicle and serves the purpose. Following further discussion, Councilman Stamon requested on the replacement of the various pick -ups that staff should accept formal quotes from local vendors rather than purchasing from the State bid and directed staff to do so. Councilman Stamon expressed her concern with the recommendation to not replace the compressor and suggested leaving funds in reserve to see how the City does without replacement of this equipment for at least a year's time. -3- 1288 CITY COUNCIL MEETING February 21, 1989 Following further discussion of some of the items listed on the equipment replacement, Councilman Stamon offered a friendly amendment to direct staff to acquire formal quotes on the purchase of pick -ups from the local vendors prior to purchasing from the State contract. Councilman Hallett concurred. Councilman Lemon amended the motion that the ambulance call for bids include a Type I. Councilman Gabriel seconded and the amendment carried, with Councilmen Hallett and Stamon voting "No On call for the question the amended motion carried with Councilman Lemon and Mayor McPhee voting "No VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Ray Taylor, 1025 West Sixth Street, expressed his concern regarding the traffic bumps located at Eighth and "C" Streets and requested the elim- ination of such bumps. Additionally, Mr. Taylor expressed his concern regarding a survey that had been done on the Eighth Street Bridges. He did not feel the survey was done to the standards it should have been. Further, he pointed out to the Council that the blacktop on the overlay is now breaking up and it was his opinion the bridges were not up to the safety standards they should be. He requested the Council direct the Public Works Department to have another survey performed and further suggested the possibility of replacing the bridges. Public Works Director Pittis responded that the Eighth and "C" Street area was scheduled for button removal in the first part of April; and addition- ally, that the Eighth Street bridges are currently under contract for structural changes. Mayor McPhee requested the Public Works Department provide the Council with a memo regarding the bridge profile. Gene Kieran, 2225 East Seventh Avenue, Chairperson of the Physically Chal- lenged Advisory Board, informed the Council and the public of the second annual Barbara Crogan wheelchair basketball exhibition being held March 4th against the Kent Knight Riders. This is a fund raiser established in Barbara's memory to send qualified students to college. Dennis Bragg, 322 Cottonwood Lane, thanked the City for the good job they had done on Golf Course Road during the latest winter storm. He requested the Council look at the possibility of restricting parking on Golf Course Road, as since the widening of the road residents have taken to parking on the street itself and Mr. Bragg felt this was very hazardous, especially when the roads are slippery. VIII LEGISLATION 1. Planning Commission Minutes of February 8. 1989 A. Conditional Use Hearing Rogers Councilman Gabriel moved to accept the appli's ant's withdrawal of the Conditional Use Permit application. Councilman Sargent seconded and the motion carried unanimously. B. Shoreline Management Hearing Daishowa America. Ltd. Councilman Stamon moved to concur with the recommendation of the Planning Commission to approve the Shoreline Substantial Development Permit, with the following findings: (A) The use, as proposed, can be consistent with General Regulations C.1, C.3, and C.4, and Land Use Element D.1.b.; (B) The upgrade of the Number 3 paper machine, as proposed and outlined by this Permit, is an upgrading of the existing facility, which can function to mitigate the potential for adverse noise impacts associated with the Mill facility; (C) The proposed attached additions to the existing Mill facility should not significantly affect the Harbor use and public activities. Councilman Sargent seconded and the motion carried unanimously. C. Rezone Request Boureet D. Rezone Reouest Shepley 1289 CITY COUNCIL MEETING February 21, 1989 Councilman Stamon moved to set a public hearing for March 7, 1989. Councilman Sargent seconded and the motion carried unanimously. Councilman Hallett moved to set a public hearing for March 7, 1989. Councilman Sargent seconded and the motion carried unanimously. E. Subdivision Review "F" Street Harborview Councilman Stamon moved to concur with the recommendation of the Planning Commission to approve the subdivision with the following conditions: (1) A uniform setback distance of 85 feet from the bluff edge is required for all future building structures, unless supported by a foundation system designed by a licensed civil or structural engineer; (2) There will be no improve- ments or changes to the topography of any kind on any of the lots until drainage concerns are addressed to the satisfaction of the City Engineer; (3) The "F" Street right -of -way north of the 4/5 alley, in conjunction with the 20 -foot ingress /egress easement in favor of owners of Lot 1, Block 119, TPA, should denote an underground utility easement for service to Lot 5; (4) All utilities to service the residential developments shall be required to be underground for the subdivision; (5) Lots 1, 2, 3, 4, and 5 shall be required to have the structures sprinklered, or a fire hydrant installed within 500 feet. Councilman Gabriel seconded. Councilman Stamon amended her motion that Condition 5 state Lots 1, 2, 3 and 4 shall be required to have the structures sprinklered or a fire hydrant installed within 500 feet, and that Lot 5 shall be required to have the structure sprinklered because it is not accessible to a fire hydrant. Councilman Gabriel concurred. Following some discussion, the question was called and the motion carried unanimously. F. Acceptance of Minutes Councilman Hallett moved to accept and place on file the Planning Commission minutes of February 8, 1989. Councilman Stamon seconded and the motion carried unanimously. 2. Review of Council's Previous Action on Adult Care Facilities in Residential Zones of the City Councilman Gabriel discussed briefly with the Council the action he has taken in regard to this issue what information and he had found. In speaking to Acting Planning Director Miller, various cities surveyed do not allow congregate care as a conditional use in the residential areas and many cities were adamantly against it. Councilman Gabriel had contacted the Cities of Everett and Edmonds and he discovered this particular issue is not a new issue with the cities. His original conclusion was that this only be allowed in Residential Multi- Family Zones as a Conditional Use. However, there are currently no Residential Multi- Family Zones available. He suggested the implementation of a "floating zone" or a separate zone to handle the senior apartments /congregate care facilities. He addressed the issue of long -range planning and stated it would be prohibitive for the Council to even consider long -range planning without first considering annexation of land into the City limits. He recommended the Council direct Acting Planning Director Miller to contact additional cities to gather further information. Councilman Stamon outlined some information on the Fair Housing Amendment Act of 1988 which becomes effective March 12, 1989, prohibiting discrim- inatory housing practices, based on handicapped and familial status in any sale or rental of dwelling facilities. She felt this was an issue the Council needed to take into consideration and requested Attorney Knutson investigate this issue further. She stated she is opposed to creating zones for only multi family dwellings. Councilman Stamon asked Acting Planning Director Miller what the consensus of the Planning Commission was on "floating zones -5- 1290 CITY COUNCIL MEETING February 21, 1989 Acting Planning Director Miller stated the Planning Commission did not discuss "floating zones however, it discussed different options within the single family residential districts. A "floating zone" is essentially a use within a zone which may have some different characteristics within the zone. He stated staff is researching this within the multi family zones and would be bringing the item before the Planning Commission. Councilman Stamon moved to delay consideration of this particular issue for one month, to give Councilmen Gabriel, Stamon and Sargent the time to work with Acting Planning Director Miller and members of the Planning Commission and report back to the Council with their findings. Councilman Sargent seconded. On call for the question, the motion carried unanimously. BREAK Mayor McPhee recessed the meeting for a 15- minute break at 8:30 P.M. 3. Consideration of Recommendation From Employees' Wellness Committee ReEardinp City's Pharmacy Contract Councilman Stamon moved to concur with the recommendation of the Wellness Committee to authorize the Administrative Services Department to call for bids for pharmaceutical services in the employee health program, with the understanding that these would go back to the Wellness Committee to be reviewed and a recommendation would be made to the Council. Councilman Sargent seconded. On call for the question, the motion carried unanimously. 4. Request to Set Date for Utility Advisory Committee to Review Secondary Treatment Facility Plan The Utility Advisory Committee set a meeting date for March 9, 1989, at 4:00 P.M. in City Hall. 5. Request From Leonard Fuller to Discuss Solid Waste Issues Mr. Fuller was not available. No information was given to the Council. No action was taken. 6. Terms ExririnE on March 1. 1989. on Various City Boards and Commissions The Council was advised that the terms of Roger Reidel, Parks and Recreation Board; John Lacey, Board of Adjustment; and Bob Philpott, Planning Commis- sion, all expire on March 1, 1989. Councilman Sargent moved to instruct staff to contact Roger Reidel and Bob Philpott to see if they were interested in being re- appointed to the positions, and to advertise for the vacancy on the Board of Adjustment. Councilman Hallett seconded and the motion carried unanimously. 7. Consideration of Proposed Addendum to Sales Agreement for Sale of Morse Creek Property to Darrel Vincent Councilman Stamon moved to authorize the Mayor tor execute the addendum to the purchase agreement for the sale of property at Morse Creek Gravel pit. Those items to be removed: Purchaser acquiring insurable commercial access approved by the Department of Transportation, and septic tank permits acceptable to purchaser. Councilman Sargent seconded and the motion carried unanimously. 8. Consideration of Letter to State Representatives Support State Adoption of Model Conservation Standards Councilman Hallett moved to authorize the Mayor to sign a letter regarding the Council's support of the State -wide effort to adopt the Model Conserva- tion Standards as State Energy Code and to send the letter to the State Legislators and Senator. Councilman Sargent seconded. Councilman Gabriel stated he was never in favor of the MCS Codes as it was his understanding if the City did not encourage this program the State would add a surcharge to the power. -6- 1291 CITY COUNCIL MEETING February 21, 1989 Acting Light Director Hardy stated the Bonneville surcharge policy requires the City to operate some type of Model Conservation Standard program within the Utility. The City satisfies that policy by operating in a good -faith effort the Super Good Cents Program. Councilman Lemon asked Acting Light Director Hardy if the City does not encourage the letter, would the City be subject to surcharge. Acting Light Director Hardy stated "No This effort is not linked to the Bonneville surcharge policy. The current surcharge policy only requires the City to operate the Super Good Cents Program. Councilman Lemon spoke in opposition and stated he has spoken to contractors who are concerned about the effects and the health impacts. He was con cerned with legislation telling a contractor how to build a home, other than safety standards. This legislation, if passed, will be a mandate in 1990. Councilman Stamon stated the UAC had discussed this issue at length and their prime concern is the recognition of conservation as a vital resource in the energy field. They felt very strongly to support the idea to promote conservation as a resource, rather than the development of new energy sources. With the success the City has experienced locally with the Super Good Cents Program, the UAC felt the majority of people who are building homes realize the value of energy- efficient homes. The Utility Advisory Committee unanimously decided it would be good for the City of Port Angeles to encourage the adoption of this Code on a State -wide basis to establish consistency in code enforcement. Councilman Gabriel stated he was in favor of encouraging the building of Super Good Cents homes but not to require MCS Codes, and was not in favor of sending a letter to that effect. Carl Alexander, member of the Utility Advisory Committee, stated the UAC recommended the letter should be sent to say that we support the idea of State adoption of the Code, to encourage conservation of energy when the houses are built. Councilman Hallett stated we have come to a point in time where we need to establish a State -wide code which requires builders to meet a certain level of energy- efficiency as a baseline for construction and this State would benefit by the adoption of a baseline code. Councilman Gabriel asked what percentage of new houses built during 1988 were Super Good Cents homes. Acting Light Director Hardy stated 88% had been built to Super Good Cents standards. Following a lengthy discussion, the question was called and the motion failed, with Councilmen Hallett, Stamon, and Sargent voting "Aye and Mayor McPhee and Councilmen Gabriel and Lemon voting "No 9. Conclusion of Permit Process Review Committee on Reorganization of Planning and Permit Functions Manager Flodstrom discussed with the Council the merits of the Planning Department and the conclusion of the Permit Process Review Committee on the reorganization of the Planning Department. Councilman Stamon moved the Council concur with the recommendation of the Permit Process Review Committee to direct the City Manager to proceed with the selection of a new Planning Director, with the understanding there will be a review and update of the job description and the job description will place emphasis on attracting a professional planner with administrative skills, good people skills, and the ability to train employees to be positive, informative technicians, able to assist the public with and through the City's planning and permitting processes. Councilman Hallett seconded. Following some discussion, the question was called and the motion carried unanimously. CC. 56 1292 CITY COUNCIL MEETING February 21, 1989 9B. Letter Opposing House Bill 1903 Manager Flodstrom stated in a recent legislative bulletin an article was written on tort reform legislation which is currently being considered by the Washington State Legislature. The legislation being considered is a huge step backwards and puts cities, such as the City of Port Angeles, in the position of being "deep pockets" in frivolous lawsuits. The Council gave its consensus to allow the Mayor to sign the letter which the City Manager would be taking before the Legislature during a conference. 10. Discussion of Future Meetings with Realtors. Developers and Planning Commission Representatives Councilmember Lemon Councilman Lemon stated this idea came about after hearing concerns of a realtor /broker. He proposed the Council plan an informal meeting to discuss with realtors, developers, or planning representatives long -range plans or any other issues they wish to speak about to the Council. He stated it is the view of the realtor community that the City is anti development and he felt that is not true. Manager Flodstrom suggested he and Councilman Lemon get together to work out the details and bring back suggestions to the Council at the March 7th meeting. IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Sargent asked how the City was doing with the tolls on the Hood Canal Bridge. Attorney Knutson stated the Fair Toll Coalition is scheduled to meet in March to discuss this issue. Councilman Gabriel requested information from the Park Board regarding the right -of -way at the foot of Francis Street. Councilman Sargent also mentioned the issue on jake brakes and requested that a brake restriction ordinance be drawn up and a public hearing be held at the March 7th City Council meeting. Councilman Stamon asked the status of the hazardous material plan. Fire Chief Glenn stated they are working with the County on this plan and it should be in its final form within thirty days. X ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to executive session at 9 :58 P.M. to discuss one item of litigation. Approximate time, 5 minutes. XI RETURN TO OPEN SESSION The nieeting returned to open session at 10:09 P.M. XII ADJOURNMENT The meeting adjourned at approximately 10:10 P.M. Clerk Mayor r