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HomeMy WebLinkAboutMinutes 03/07/2000 4146 CITY COUNCIL MEETING Port Angeles, Washiitgton March 7, 2000 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, O. Cutler, D. McKeen, G. Kenworthy, L. Haehnlen, T. Riepe, D. Miller, D. Sawyer, and B. Coons. Public Present: L. Lee and K. Sweeney. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: CEREMONIAL None. MATTERS/ PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Mayor Doyle asked staff to review the policy on providing sewer and water services PLACED ON THIS OR outside of the City limits and place this issue on a future agenda. FUTURE AGENDA: FINANCE: 1. Final Acceptance for Landfill Sedimentation Basin Restoration, 99-17 Landfill Sedimentation Mayor Doyle reviewed the information provided by the Public Works and Utilities Basin Restoration Department. Councilman Wiggins moved to accept the project and authorize the release of Deihur Industries' retainage in the amount of $1,187.50 upon the receipt of clearances from the Departments of Revenue and Labor & Industries. Councilman Campbell seconded the motion, which carried unanimously. Jones St. Reservoir Cover 2. Finance Acceptance for Jones Street Reservoir Cover Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. Councilmember McKeown moved to accept the project and authorize the release of Aldergrove's retainage in the amount of $12,827.98 upon receipt of clearances from the Departments of Revenue and Labor & Industries. Councilman Campbell seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Hulett moved to accept the Consent Agenda, to include: 1) Council minutes of February 15, 2000, regular meeting; and 2)Travel request for Public Works Department Compost Facility Operator Training. Councilman Wiggins seconded the motion. Mayor Doyle commented that the Compost Facility Operator Training was in anticipation of the City resuming operation of its compost facility. A vote was taken on the motion, which carried unanimously. CITY COUNCIL CounCilman Wiggins attended a Lodging Tax Advisory meeting where a unanimous COMMITTEE vote was taken to support the use of lodging tax dollars toward a public/private REPORTS: partnership for a convention center. He also attended a Marine Resources Committee meeting and the ESA hearing. Councilman Williams attended a Port Angeles Works! meeting, as well as hearings regarding the proposed cutbacks at Clallam Transit, Downtown Forward meetings -1- 4147 CITY COUNCIL MEETING March 7, 2000 CITY COUNCIL regarding the underground where a vote was taken to proceed with the watermain COMMITTEE project as planned. REPORTS: (Cont'd) Councilman Hulett asked about the APCO report, and Manager Quinn stated it was not ready in time for this meeting, but will be presented at the next. Councilmember McKeown attended the Downtown Forward meeting. Some members expressed concern that motions are not being presented to the Council in their entirety, Therefore, she read verbatim motions passed with regard to the underground and the convention center. Mayor Doyle reminded everyone that the public forum on the convention center would be held Wednesday, March 8, 2000, 5:30 p.m. at the Senior Center. Mayor Doyle attended the Rotary mural dedication, Chamber of Commerce annual dinner, and tended the City's booth at the KONP Home Show for several hours. Daishowa Franchise Ordinances Not Requiring Public Hearings Ordinance No. 3046 Daishowa Franchise Ordinance Mayor Doyle reviewed the information provided by the Public Works and Utilities Department and read the Ordinance by title, entitled ORDINANCE NO. 3046 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the assignment to Daishowa America Co., Ltd. of the franchise granted to James River Corporation to construct, maintain, and operate electric power lines by means of poles, wires or other means on certain streets, alleys, and other places in the City, and amending Ordinance 2477. CoUncilmember McKeown moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion, which carried unanimously. Resolutions Not Requiring Public Hearings: None Contract with Clallam- Other Considerations Jefferson Public Defender 1. Contract with Clallam-defferson Public Defender for Year 2000 Indigent Defense Service Mayor Doyle reviewed the information provided by the City Attorney's Office. Counciimember McKeown stated she wouM abstain from voting if Council felt she may have a conflict of interest as the Clallam-Jefferson Public Defender is one of her clients. Councilmember Erickson stated she would be abstaining from the vote as it may be a conflict of interest being she works for the Prosecuting Attorney. Councilman Wiggins moved to authorize the Mayor to sign the two-year agreement for indigent legal defense services with the Clallam-Jefferson Public Defender in the amount of $30,000 per year. Councilman Campbell seconded the motion. Attorney Knutson stated Councilmembers Eriekson and McKeown could abstain from voting on this issue if they chose, although there were technically not conflicts of interest involved. He also pointed out that approximately one quarter of these costs are reimbursed through court costs. Following discussion and clarification, a vote was taken on the motion. All Couneiimembers voted in support of the motion with the exception of Couneilmembers Eriekson and MeKeown who abstained. Because abstentions are counted as affirmative votes, the motion carried unanimously. Free Dump Day 2. Free Dump Day Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. Counciimember McKeown and Mayor Doyle felt giving City residents a "one free load" coupon was a good idea for the future. Following brief discussion, Couneilmember Eriekson moved to approve the annual Free Dump Day at the City's landfill for Sunday, April 30, 2000. Councilman Hulett seconded the motion, which carried unanimously. -2- t+lt, 8 CITY COUNCIL MEETING March 7, 2000 Waterfront Trail Design 3. Waterfront Frail Design Contract (Rayonier to Lee' s Creek) Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. Councilman Campbell moved to approve the selection of Zenoviek & Associates to provide engineering services for the Centennial Trail Project N°. 99-19 and authorize the Mayor to sign the negotiated agreement in the amount of $37,950. Couneilmember Eriekson seconded the motion. Councilman Wiggins asked when the trail would be opened past Rayonier now that demolition has been completed. Gary Kenworthy, Deputy Director of Engineering Services, replied that it would be two to three years. Mr. Kenworthy and Manager Quinn responded to questions and clarified the issue of a temporary or floating easement through Rayonier property while demolition clean up is taking place. A vote was taken on the motion, which carried unanimously. Watermain/Sidewalk 4. Decision on Watermain/SidewalkProject Project Decision Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. Brief discussion ensued, and Director Cutler responded to questions and provided clarification. Mayor Doyle noted that an audience member wished to address the Council on this issue. Don Perry, 1735 W. 13th Street, spoke in favor of saving the underground. He reminded the Council that once this area is filled in, it is gone forever. Mr. Perry felt this could be a tremendous tourist draw, and asked the Council to vote for an alternate method of replacing the waterlines on Front Street. He noted that Channels 5 and 13 news have toured the underground, and Channel 13 will air a segment on it this evening, and he has been requested to call Channel 13 to report the Council's vote. Mr. Perry felt the public fomm recently held proved the majority of the people wish to see the underground saved. He read from a letter written by the President of the Port Angeles Lions Club in favor of saving the underground and thanked the Council for its time. Betty Sleeper, has been a resident of Port Angeles since 1949. She commended the Council for its efforts regarding the underground. Ms. Sleeper described the tour she had taken of the underground, and reviewed in particular detail the history of the brothel. She urged the Council to save the underground and turn it into a tourist attraction. Lonnie Linn, 708 S. Francis Street, who is in favor of saving the underground, asked how much the Downtown Business Association is paying toward the new sidewalks. Mayor Doyle responded that several years ago, when the City addressed the waterline issue, it was decided to spend a little extra to dress up the downtown. Mr. Linn noted that the same amount of money could be spent to complete Phase II and III if the waterline is moved into the street. He stated that to protect business and do away with heritage is of no use. He urged the Council to relocate the watermains to the street and . postpone the paver sidewalks until research can be done. He was concerned that a potential tourist attraction would be destroyed. Dorothy McGill, 1888 Town Road, Sequim, agreed with the previous speakers and spoke in support of preserving the underground. Councilman Williams read a prepared statement thanking staff and Council for the attention to this effort. He discussed the storefronts underground and reviewed how some of the buildings were literally raised in 1914. Councilman Williams stated he · would be voting to preserve this bit of history, as he felt compromise would reduce and not enhance the project. He felt this was not a project of the head, but of the heart. Councilmember McKeown stated she had received several phone calls on the issue and promised those constituents she would pass their messages on to the Council. Councilmember McKeown reported she received seven phone calls from downtown merchants requesting the Council continue the sidewalk/watermain project as designed and keep the original construction schedule. She received one call from a media person urging the Council to place the watermains in the street and save all the underground, and twelve calls from citizens urging Council to protect the four historical sites. These individuals were against funding for any underground shopping center. -3- 4149 CITY COUNCIL MEETING March 7, 2000 W a t e r m a i n / S i d e w a I k Councilmember McKeown agreed that in order to honor the past, it must be preserved. Project Decision (Cont'd) She spent a lot of time analyzing all the information received on this issue, and there are four sites which seem the most important. However, these sites are all on private property, the Family Shoe Store, Grebins, Pedal 'N Pack, and the area on Laurel Street which can be protected. Councilmember McKeown did not feel it was feasible to save the entire underground after reading the information provided by the Police Department. At Mayor Doyle's request, Councilmember McKeown read aloud the memo from Deputy Chief Riepe regarding the safety issues that would need to be addressed if the underground is developed. Councilmember McKeown concluded by stating she did not feel that development of the underground tmmel was in the best interest of the downtown or of the City of Port Angeles. At Councilman Wiggins's request, Director Cutler addressed the issue of the stability of sidewalk bridging in the event of a seismic event versus the stability of the watermains if filling is done. Councilman Wiggins noted that none of the downtown business owners have come forth to support keeping the underground tunnel open, and he felt it important for the Front Street businesses to have the same benefits as those on First Street. The Gateway Project will also be started soon, and this could be a setback, as the sidewalks would not be improved and there would be no funding to provide them. Councilman Campbell agreed with Councilmembers McKeown and Wiggins. He is impressed by the community involvement, but the issue continues to come back to who will pay the cost. Councilman Campbell felt it would be a mistake to lose the opportunity to replace the sidewalks. He noted that the most interesting of the historic sites will not be affected by the sidewalk replacement, as they are on private property and accessible to future preservationists. Councilman Hulett noted that there is an urgency in replacing the sidewalks, as when you see the underside of them the rebar is exposed and rusting. He felt that by adding the required lighting, sprinkling system, etc., it would lose its historical flavor. He agreed that the area on Laurel Street should be saved if possible, but asked where the funding would come from. Councilmember McKeown suggested that all those interested in preserving the site start a fund which can be used for low interest loans to begin the preservation process. Councilman Hulett suggested a private group purchase the Elwha Theater for restoration. Mayor Doyle thanked everyone for their comments. He reminded the Council that the Port Angeles Downtown Association voted unanimously for Option # 1, which was the original proposal. No property owner has come forward to say they would develop anything below the sidewalk; some have said they would not. He agreed filling is more secure in the event of a seismographic event, and security concerns would be greater in an underground area. Mayor Doyle stated that the cost of developing the underground is unknown, and no one has stepped forward to help fund itl Therefore, he will be voting to proceed with the original proposal. Further discussion ensued, and staff responded to questions and provided clarification. Councilman Hulett noted that the north side of Front Street, between Laurel and Oak, would be involved in the next project phase, which City Engineer Kenworthy indicated would be two years off. Councilman Hulett felt a plan could be brought forward to involve that particular area. Couneilmember Eriekson moved to proceed with the project as originally proposed to protect the existing storefront under the west side of Laurel during later watermain replacement projects and seek separate sidewalk/street tree replacement funding for those sidewalk sections not part of future watermain replacement projects. Couneilmember MeKeown seconded the motion, which carried by a majority vote, with Councilman Williams voting in opposition. Break Mayor Doyle asked if those present for the public hearing would mind a short recess, despite being late to begin this item. There were no objections, therefore, Mayor Doyle recessed the meeting for a break at 7:29 p.m. The meeting reconvened at 7:44 p.m. PUBLIC HEARINGS - None. QUASI-JUDICIAL: -4- 4150 CITY COUNCIL MEETING March 7, 2000 PUBLIC HEARINGS - Amendment to Shoreline Master Program - Proposal to amend the height limitation for OTHER: covered moorage in the shoreline area and clarify the definition of conditional use Amendment to Shoreline Mayor Doyle reviewed the information provided by the Planning Department and noted Master Program that there has been a change to the continuation date. Director Collins explained that the Department of Ecology inf6rmed the City that an additional sixty days is necessary for the State to review the preposal. Therefore, the public hearing should be continued to May 16, 2000. Mayor Doyle opened the public hearing at 7:45 p.m. Ken Sweeney, 338 W. First Street, Planning and Environmental Manager for the Port of Port Angeles, spoke in favor of the proposed changes to the Shoreline Master Program. Mr. Sweeney was particularly in favor of Conclusion 6 of the staff analysis, which he read aloud. The Port also supports the change in the language on conditional uses, as it is an important clarification. There was no further public testimony. Councilman Williams moved to continue the public hearing on SMP Amendment 00-01 to the meeting of May 16, 2000. Councilman Campbell seconded the motion, which carried unanimously. Coordinated Prevention 5. DOE Coordinated Prevention Grant Grant Mayor Doyle reviewed the information provided by the Public Works and Utilities Department. At Mayor Doyle's request, Dale Miller, Recycling Coordinator, explained the grant and what it provided. Councilman Campbell moved to authorize the Mayor to sign the agreement for Grant No. G0000223 with the Department of Ecology. Councilman Itulett seconded the motion, which carried unanimously. INFORMATION: City Manager's Report Manager Quinn noted an addition to the meeting schedule. On March 16, 2000, Senator Gorton's aide, Kari VanStoep, will be available in the Caucus Room at 10:00 a.m. to meet with staff and Council concerning the Elwha Dam issues and economic development. Also, on March 30, 2000, the National Oceanographic and Atmospheric Administration will hold a conference in Port Angeles. More information will be presented at the next Council meeting. Manager Quinn explained that a memo had been distributed this evening by the City Attorney which clarified some issues on the 1-695 litigation. This is for information only; no action is necessary. He also stated.that he had sent a letter to National Marine Fisheries concerning the proposed 4(d) rules; copies have been placed in Council mailboxes. Manager Quinn recognized Attorney Knutson's efforts in writing the letter. Councilman Hulett asked if the fiber optics meeting was still taking place, and Manager Quinn responded affirmatively. Discussion and clarification took place regarding the container conversion, and staff and UAC members provided clarification on this issue. Mayor Doyle reminded the Coun.cil that there would be a Town Meeting regarding the Convention Center on Wednesday evening, March 8, 2000. He asked Manager Quinn to describe the format of the meeting, which was provided. Mayor Doyle stated that he had attended a Chamber of Commerce meeting where two city employees from Seaside, Oregon, spoke about the pros and cons of convention centers. Discussion followed. ADJOURN TO The meeting adjourned to Executive Session at 8:05 p.m. to discuss labor negotiations EXECUTIVE SESSION: and a matter of personnel for approximately 45 - 50 minutes. RETURN TO OPEN The meeting returned to open session at 9:18 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 9:18 p.m. Beck~ J. UPtoll~Ci~lerk I Larry ~J~lff,~9lyo / -5- 4151