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HomeMy WebLinkAboutMinutes 04/07/1987708 I CALL TO ORDER Mayor Whidden called the meeting to order at 7:03 P.M. II ROLL CALL Members Present: Mayor Whidden, Councilmen Hallett, Hesla, McPhee, Quast, Schermer, Stamon. Members Absent: Staff Present: Public Present: III MINUTES IV FINANCE None. Councilman Stamon moved the Council accept and place on file as received 7 the minutes of the April 7, 1987, meeting. Councilman Quast seconded. Councilman Hallett requested the City Clerk review the tape of Register Page 698, Section III, specifically his vote on approval of the minutes. (Review of the tape indicated Councilman Hallett had voted in the affirmative.) On call for the question, the motion carried. 1. Payment Authorized to Riddell, Williams for Legal Representation on WPPSS Issues Councilman Quast moved that the Council approve payment of the March 15, 1987, Riddell, Williams bill in the amount of $1,430.55. Councilman Stamon seconded and the motion carried. 2. Consideration of Bid Awards: CITY COUNCIL MEETING Port Angeles, Washington April 7, 1987 Manager Flodstrom, Attorney Knutson, Clerk Anderson, P. Carr, M. Cleland, S. Hursch, J. Hicks, M. Campbell, J. Pittis, D. Wolfe, A. Rose, K. Ridout. L. Leonard, D. Smith, T. Breen, H. Bergland, Mr. Mrs. C. Alexander, T. Fraser, H. Murray, K. Sweeney, E. McElravy, E. Saar, L. Fuller, B. Philpott, L. Sunny, P. McDougal. A. Annual "Distribution Transformer and Poles Councilman Stamon moved to accept the recommendations of City Light Depart- ment and award the bids as follows: Item 1 6 Units 50 KVA Transformer to Colt Industries of Pine Bluff, Arkansas, in the amount of $4,505.94; Item 2 6 Units 75 KVA Transformer to Western States Electric of Portland, Oregon, in the amount of $8,570.10; Item 3 1 Unit 300 KVA Transformer to RTE of Portland, Oregon, in the amount of $5,673.85; Item 4 2 Units 500 KVA Transformer to RTE of Portland,, Oregon, in the amount of $15,019.90 and Item 5 Western Red Ceder Poles 40 Units 30 feet and 10 Units 40 feet to Bell Lumber of Conway, Washington, in the amount of $5,271.89. Councilman Quast seconded. Following discussion, on call for the question the motion carried. B. Water Meters, Hydrants and Miscellaneous Pipe and Fittings Councilman Hallett moved to concur with the recommendations of the Public Works Department and award bids as follows: Invitation 87 -6(1) Mater- ials, to Western Utility Supply Co. in the amount of $24,690.02; Invita- tion 87 -6(2) Water Meters, to Western Utility Supply Co., in the amount of $7,584.54; and Invitation 87 -6(3) Fire Hydrants, to Pacific Water Works Supply Co. Inc., in the amount of $3,991.16. Councilman Hesla seconded and the motion carried. C. Collection Containers Councilman Stamon moved to concur with the recommendations of the Public Works Department to accept a bid of Heil Rotomold Company as follows: 12 CITY COUNCIL MEETING April 7, 1987 60 gallon containers at $72.34 each to equal $868.08, 48 90 gallon con- tainers at $77.84 each to equal $3,736.32, and 36 300 gallon containers at 136.84 each to equal $4,926.26, plus $743.39 tax, for a total bid of $10,274.03. Councilman Schermer seconded. Councilman McPhee discussed with staff compatibility, cost, and bid specifications. On call for the question, the motion carried. D. Police Car Maintenance Councilman Schermer moved to accept the recommendation of staff and award the contract for 1987 patrol car maintenance to Phelps Tire Co. Inc., and authorize the Mayor to sign the contract. Councilman Stamon seconded. Following brief discussion, on call for the question, the motion carried. E. Rebuild of Street Division Loader Councilman Stamon moved to concur with the recommendation of the Adminis- trative Services Department and reject the bids received; further to authorize staff to research surplusing of No. 1568 in a future budget with the intent of replacing the loader with a new model. Councilman Schermer seconded. Councilman Stamon explained that the one bid received had come in significantly higher than the Council had anticipated during the budget process. Following further discussion, on call for the question, the motion carried. F. Budgeted Equipment Replacements Councilman Hallett moved to award bid No. A -1 to the low bidder, Ruddell's of Port Angeles in the amount of $11,564.64, further to award the bid No. A -2 to Koenig Chevrolet in the amount of $12,423.95. Councilman Stamon seconded noting that finally local firms were successful on vehicle pur- chases. She stated this was really nice for a change. Upon recommendation from Attorney Knutson, Councilman Hallett included in the motion that the lowest bid on the two mid -sized sedans be rejected as major exceptions had been taken to bid specifications. On call for the question, the motion carried. 3. Payment of Retainage Authorized to Olympic Electric Contractors for SCADA Terminal Installation Councilman Hesla moved that Olympic Electric be paid their final retainage of $96.74 plus sales tax in the amount of $150.91 for a total of $247.65. Councilman Schermer seconded and the motion carried. V. CONSENT AGENDA Councilman Quast moved to accept the items listed under the Consent Agenda as follows: (1) Request for progress payment to Burke Electric of $404,332.59 for work on Morse Creek Hydroelectric Project; (2) Correspon- dence from Washington State Liquor Control Board; (3) Vouchers of $1,769,385.89; and (4) Payroll of 3/22/87 of $226,766.32. Councilman Stamon seconded. Councilmen Hallett and McPhee discussed with staff excess insurance premium payments and Fire Department.tra4ning. On call for the question, the motion carried. VI. ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Hattie Berglund, 1834 West Seventh Street, requested the Crown Zellerbach portion of the Waterfront Trail be discussed. The Council placed this as Item No. 6A on the agenda. Councilman McPhee indicated he had not yet completed his analysis of proposed work to be done by the Street Department and that he would be bringing it up at a later time. Councilman Stamon then moved that considering the length of the agenda, the fact that the last several meetings have lasted until midnight, and the fact that a number of Councilmembers have concerns that when they work this late into the evening they get tired, that discussion on each agenda item be limited to two minutes per Councilmember and that each member speak once on an issue. Councilman Schermer seconded. Councilman McPhee spoke in opposition, feeling this did not allow sufficient time. He referred to Item No. 4 under Legislation. Councilman Schermer supported the motion. 709 amp L2 710 He supported limiting discussion at future meetings also. Councilman McPhee wished to distribute new information. Councilman Hesla moved to amend the motion limiting discussion on all items with the exception of Item No. 4. Councilman Schermer seconded with the understanding that discussion on this item be limited to 30 minutes. Upon inquiry by Councilman Stamon, Councilman Hesla indicated he intended to make Item No. 4 an exception with regard to the number of times a Councilman could speak on an issue. Councilman Hallett spoke in opposition to both motions. He stated that whatever the item was, it was of equal importance and the Council had to keep house itself. He supported proceeding with the meeting and trying to be responsible for policing it. Councilman Stamon stated she was getting tired of sitting here until midnight going over and over and over issues. Following further lengthy discussion, on call for the question, the amendment failed with Councilmen Hesla and Schermer voting "Aye" and Councilmen Hallett, McPhee, Stamon and Quast voting "No On call for the question, the original motion failed with Councilmen Stamon and Schermer voting "Aye" and Councilmen Hallett, Hesla, Quast and McPhee voting "No VII LEGISLATION 1. CUP DEVONEY Retail Stand Denied Mayor Whidden reviewed a recommendation by the Planning Department that a new motion be called for, including findings, as the motion made at the previous meeting failed to pass due to a tie vote. Councilman Hallett then moved to approve Conditional Use Permit 87(2)4 citing the following condi- tions: (1) The trailer /retail stand be moved five feet north or to space 35 in order to reduce pedestrian and vehicular hazards; (2) If the driveway entrance is relocated, the old driveway must be replaced with curbs to City specifications; (3) Skirting be installed around the base of the trailer to conceal the wheels and trailer hitch; (4) One 2A1OBC fire extinguisher be installed and the stand be inspected by the Fire Department; (5) No power generator be used; (6) A contribution to the PBIA be required; and including the following findings: (A) At the proposed location, the retail stand is compatible with adjacent businesses; (B) A retail stand on Front Street would promote the pedestrian nature of this area of the Downtown; (C) The stand should not create pedestrian, vehicular or traffic hazards; (D) The proposed retail stand will increase pedestrian and commercial activity in the Downtown. Councilman Hesla seconded. The Council con- curred with staff and Mr. Devoney that the time frame would be 8 months. Following further discussion, the motion failed with Councilmen Hesla, Hallett, and McPhee voting "Aye" and Councilmen Stamon, Quast, and Schermer voting "No Mayor Whidden then reviewed RCW 42.36.090. He stated reasons for a potential conflict of interest on his part, as outlined in the RCW and cast a "No" vote. Councilman Stamon then moved to deny the Conditional Use Permit, citing the following findings of fact: (1) The size and style of the proposed con- verted eight -foot trailer /retail stand and its loca.4ion on Front Street in a car rental parking space does not promote the pedestrian nature in this area of Downtown; (2) The proposed location near the entrance to a car rental parking lot and near street furniture could result in clientele from the proposed retail stand creating pedestrian and vehicular hazards; (3) The proposed retail stand at this location is not compatible with the com- munity's intentions for improvement of the Downtown as evidenced by the Downtown improvement projects and beautification plans a ordinance adopted by the City; and (4) City Council previously ma c o .ry support the Downtown Councilman Quast seconded. Councilman Hallett spoke f against the motion. He felt the applicant had complied and the reasons for denial were not based on facts but perceptions as far as asthetics. He felt Mr. Devoney was being denied due process as he had complied with existing law. Councilman Stamon saw very clearly a differentiation application and felt the issue of compatibility (not patibility) was a very significant issue. She stated had come to the previous council meeting and expressed CITY COUNCIL MEETING April 7, 1987 in this particular just asthetic com- a number of people their concerns over this type of operation. She sympathized with Mr. Devoney, but as a Coun- cilman, but felt a strong responsibility to look at these applications CITY COUNCIL MEETING April 7, 1987 very, very carefully and come up with the most fair decision for the greatest number of people. She felt that the amount of money that has been put into the Downtown area by the members of the Downtown Association is a significant and telling factor in this particular issue. Councilman Quast pointed out that he changed his opinion as he had voted in the affirmative last time and the negative today. He stated that he had stood at the location, watched the situation, and found that we would be creating a pedestrian hazard should the application be approved. On call for the question, the motion carried with Councilmen Schermer, Stamon, and Quast voting "Aye" and Councilmen Hallett, Hesla and McPhee voting "No Mayor Whidden also voted "Aye Councilman Hallett noted that this was a split decision. 2. Planning Commission Minutes of March 25, 1987 A. Shoreline Substantial Development Permit Approved Zarana Fisheries The Council reviewed the request for a Shoreline Permit to allow a covered shelter and ice plant be located on the dock for use in a fish processing operation located at 123 Railroad Avenue. Councilman Hallett moved to concur with the recommendations of the Planning Commission to approve the Shoreline Substantial Development Permit subject to the following con- ditions: (1) Location, extent, and design of all project components, which include structures and signs, shall be shown on the final site map. In addition, descriptions of project components shall be supplied with said site map and approved by the City's Planning Department prior to issuance of a building permit; (2) The Planning Department may approve minor amend- ments which are in substantial conformity with the structures, uses, and locations of uses approved by this permit when, in the opinion of the Planning Department, such amendments will not result in significant adverse impacts and are consistent with WAC 173.14.064; (3) The design and color of all buildings and landscaping shall be subject to design review by the Planning Department prior to issuance of a building permit to ensure com- patibility with the City's Downtown Beautification Plans and Downtown Shoreline Rehabilitation Plan; (4) The location of all accessory mechanical equipment and structures, including but not limited to, air conditioners, air compressors, trash enclosures, fences, and signs shall be subject to design review approval by the Planning Department. Roof- mounted equipment shall be screened by an enclosure, or designed consistent with the design of the building; (5) Any determination of the design review may be appealed directly to the Planning Commission; (6) All necessary permits shall be obtained from the Building Division of the Public Works Department, and County Health Department; (7) Adequate fire protection shall be provided as per the City Fire Department's requirements, including hydrants and lines; (8) The permittee shall permit the City or its representative(s) or desig- nee(s) to make periodic inspections at any reasonable time deemed necessary in order to assure that the activity being performed under the authority of this permit is in accordance with the terms and conditions prescribed herein; (9) Pursuant to RCW 90.58.140, the Planning Commission may, after public hearing, modify or rescind this permit at a.y time during its term if it is determined that the use herein permitted is creating a nuisance or a condition hazardous or detrimental to the general public or property in the vicinity of the use; (10) The applicant shall comply with the terms indicated in this permit, unless more restrictive conditions are required by other Federal, State and local permits; and citing the following find- ings: (A) Provided a public viewing platform is provided, the proposed Shoreline Substantial Development Permit and design of the pier ice house and appurtenant structures can be consistent with General Regulation C.2, C.3, Land Use Element D.2 and Use Activity F.8.b.; (B) The ice house and weather shelter to protect the perishable seafood product and the appur- tenant structures necessary for on- loading and off loading cargo, are inherently dependent upon a shoreline location and a pier of this size. This location should not significantly affect Harbor area use and adjacent commercial and public activities. Thus, the proposal can comply with Use Activity F.1.a, F.1.e, F.8.d, and F.17.a, b, and c; (C) The expansion of this pier to include an icehouse and weather protection shelter for the on- loading of cargo and off loading of perishable seafood products can comply with General Regulation C.1, C.4, and Use Activity F.1.b.; (D) That the granting of this Shoreline Substantial Development Permit is in the general public interest and that environmental and performance parameters 711 712 conditioning the proposed use, as specified in this Shoreline Substantial Development Permit, will allow the proposed activity with adequate safe- guards for the welfare of the people of the City of Port Angeles at large and to public activity in the vicinity of said project; (E) All significant adverse impacts can be mitigated to insignificant levels by measures in- corporated in this Permit. Councilman Stamon seconded. Following discus- sion, on call for the question, the motion carried. B. Interpretation Wilson /Windfall Timber CITY COUNCIL MEETING April 7, 1987 Councilman Hallett moved to concur with the interpretation of the Planning Commission that a proposed sawmill was not compatible as a Conditional Use in the Light Industrial District for the following reasons: (1) Sawmills are expressly identified in the M -2 Industrial District; thus the use has been addressed; (2) The purpose of the Light Industrial District identifies uses that make finished products from pre- fabricated products, rather than primary processing, such as a sawmill; (3) The sawmill operation may create exterior nuisance, such as noise and air pollution, which are discouraged in the Light Industrial District; and (4) The use is classified as a basic manufacturing use by the Standard Industrial Classification, rather than manufacturing of pre- fabricated materials; and noting that during the annexation review process, this area had been identified by the public as Light Industrial, rather than heavy; therefore, the burden of proof was on the applicant to demonstrate compatibility of the use or pursue a rezone. ie �rnn Councilman Hallett questioned staff on the applicant's concerns with the process, whether avenues of appeal existed for the applicant, and whether interpretations in general were something that could be handled by a hear- ings examiner. City Planner Carr explained concerns of the applicant. Attorney Knutson stated that the only other avenue of appeal would be the courts if the decision was challenged as being arbitrary and capricious. Attorney Knutson also answered that interpretations should be first handled at the Planning staff level and if ambiguity still existed, they should go to the Planning Commission and then to the City Council even if there were a hearing examiner system. Councilman Schermer supported the motion, referring to the lengthy hearing process in setting up the Light Industrial Zone after annexation. He stated a large number of people from the area definately opposed Heavy Industrial usage there. Councilman Stamon inquired if Councilman Hallett wished to include in his motion information that during the annexation process this area had been identified by the public as Light Industrial rather than Heavy. Councilman Hallett concurred. Councilman McPhee agreed with those on the Planning Commission who had voted in support of the installation of this small sawmill. He urged the Council to remember that they were considering an employer who was, in his opinion, Light Industrial. Councilman Schermer indicated that a major portion of the Dry Creek area is zoned M -2 and no shortage of M -2 land exists. Councilman Stamon emphasized that it was the absolute prime concern of residents of the area during the annexation process that no Heavy Indus- trial usage be included in the area. She stated she had formerly lived next to a small sawmill and did not consider this Light Industrial usage. On call for the question, the motion carried with Councilman McPhee voting "No C. Minutes Accepted Councilman Hallett then moved to accept and place on file the Planning Commission Minutes of March 25, 1987. Councilman Stamon seconded and the motion carried. 3. Parking Changes Proposed by the Port Angeles Downtown Association Authorized Jim Haguewood addressed the Council on behalf of the Downtown Association, stating that the members had been working on this proposal for three years. He outlined the proposal would mean the removal of all meters and would CITY COUNCIL MEETING April 7, 1987 allow two -hour free parking on streets and in the seven parking lots in the Downtown area. He stated that the fee for parking stickers would increase to $10 immediately and to $12.50 after six months; to $15 after a year. Councilman Hallett asked if there were two proposals. Mr. Haguewood responded that the possibility of including four 30 minute spots per block was being considered for inclusion in this proposal. Councilman Quast inquired about enforcement of the two hour parking limit for tourists. Police Chief Cleland answered that tourists were not cited unless they were a second offender. He also mentioned the possibility of increased fines for second violations. With regard to beauty shops and businesses of that nature, Councilman Schermer suggested the business buy a supply of stickers to provide for customers. During discussion, Police Chief Cleland indicated a walking patrol was being planned for the summer to enforce the new parking rules. Councilman Stamon favored the increased fee for multiple offenders, recom- mending a $2 fee for the first violation, increased to $10 for the second violation, with substantial increases thereafter. Public Works Director Pittis emphasized that the main thrust of this proposal was to provide free parking for the majority of people in the Downtown. Councilman Schermer moved to accept the recommendations of the Downtown Association and approve their proposal. Councilman Stamon seconded. Councilman Quast made a request that special consideration be given to volunteers who worked at the Marine Lab and suggested a supply of stickers be purchased for those individuals. Manager Flodstrom indicated this had already been taken care of. On call for the question, the motion carried. Manager Flodstrom indicated that an ordinance would be drafted and brought back before the Council for approval. 4. Resolution Passed Amending City Council Rules of Procedure Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 09 -87 A RESOLUTION of the City Council of the City of Port Angeles amending the Council's Rules of Procedure by adding a selection process for filling board and commission vacancies. It was noted that two Resolutions were proposed tonight, both with the same title. The Council concurred to refer to the Resolution attached to a memo from the City Manager as Resolution No. 1 and the Resolution proposed by Councilman Quast as Resolution No. 2. Councilman Hallett then moved to pass Resolution No. 1 as read by title. Councilman Stamon seconded for the sake of discussion. Councilman Hallett pointed out that the only requirement of the Council right now by RCW is to make a recommendation to the Mayor. He stated that this council has gone beyond that to get out of the "good ol' boy" system and to enable the public to participate fully in the process. He took exception to an editorial which had appeared in the newspaper. Upon request by Councilman Stamon, Councilman Hallett explained some highlights of the Resolution. Councilman Hesla felt the current procedure was good. Councilman Stamon stated that each Councilmember had a very strong commit- ment to open government and took personal offense at those people who would suggest otherwise. She stated she had a very deep and abiding respect for public disclosure laws. She felt this whole issue had been blown com- pletely out of proportion. She referred to a memo submitted by Councilman Quast that explained in detail the procedures prior to the time of the Open Public Meetings Act, making reference to the fact that those appointments were done basically in secret. She felt that each and every one of the members of the Council had a real abhorrence to the "good ol' boy" system. She stated that she found it personally offensive. She disliked being 713 714 CITY COUNCIL MEETING April 7, 1987 placed in a position of publically embarrassing someone. She felt candi- dates would hesitate to offer themselves if they were put in that situa- tion. Councilman Quast opposed Resolution No. 1. He referred to the embarrassment to a Councilmember who had recruited several candidates and stated that he would not recruit if this Resolution was in effect. He stated his proposal was clearly within the law, it was a wide open process. He then outlined his proposal. He stated recruitment could take place through the City Report whereby interested citizens could complete a card which could be kept on file. Councilman Schermer felt the Council was making a mountain out of a mole- hill in the first place. He stated that after carefully analyzing both Resolutions he would support Councilman Quast's Resolution and would vote against this one. Councilman McPhee read a letter submitted by the League of Women Voters which indicated concern about the practice of voting by secret ballot. The preference of the League of Women Voters was that the interview, the dis- cussion, and the vote all be conducted in public. He felt the Council was listening to the advice of one attorney and ignoring the advice of otherskati ar n eys He spoke at length, outlining his concerns. He then made reference to a segment of Robert's Rules and read an excerpt. He referred to copies of an excerpt of the RCW which he had distributed earlier in the meeting. He asked for the patience of those who had criticized him for taking so much time on this issue. He then re -read the oath of office he had taken upon being elected Councilmember. He stated secret voting by the Council was wrong and that he would not be an accomplice to this violation of the law and asked the Council, "Please don't do this thing Councilman Hallett then discussed with Councilman Quast further details of his proposal. Upon inquiry by Councilman Hallett, Councilman Quast con- firmed that evaluations of candidates would be signed by Councilmembers. Upon inquiry by Councilman Stamon, Councilman Quast confirmed that a different need would be met for each appointment; therefore, candidates would be ranked in accordance with the current needs. Mayor Whidden made reference to Councilman Quast's suggestion that inter- ested citizens complete a card which would be included in the City Report. He emphasized the fact that the City Report is the only publication that reaches each utility customer in the City of Port Angeles, so all citizens would have an opportunity to become involved. The Council discussed the second Resolution further. tt ioanci an Stamon requested that the press use discretion if Qu—t's proposed'Resolution was adopted, to avoid embarrassment to members of the public who had volunteered to serve. She stated that any interested member of the public would simply have to call or go to City Hall to find out how each Councilmember voted. Attorney Knutson then pointed out that the statute to which Councilman McPhee had earlier made reference and had distributed tonight, applies to motions and ordinances and those types of actions and does not apply to votes. He also pointed out that the legislation forward by Representative Fisch applies to motions, orders, ordinances and resolutions and would not apply to votes to appointed commissions or boards unless it had been changed since it was first drafted. With regard to the Attorney General's Office, he stated that he had discussed the matter with Chip Holcomb, an expert in the Attorney General's Office on the Open Public Meetings Act, who agrees that the Act does not explicitly require that any vote taken by the City Council or any other governing body be taken by roll call vote. He also stated it was interesting to note that the Constitution of the United States does require that the Congress express each member's position on bills, but does not require appointments to Congressional committees or anything like that be done where each member of the Congress has his vote recorded. He stated that the Resolution being offered by Councilman Quast is more legally defensible, simply because it raises no legal issue. Councilman Hallett then inquired of the City Attorney about the require- ments of the current RCW. He asked, "Can we now simply tell the Mayor who we want and he appoints them Attorney Knutson answered that this was permissible under the current law. He then confirmed, upon inquiry by Councilman Hallett, that technically, if we want to comply with the law and CITY COUNCIL MEETING April 7, 1987 not violate anything, that's all we would have to do. Councilman Hallett then stated that was the whole point, that the Council wants to go beyond just the minimum requirement and be as open as possible. Councilman Stamon concurred that this is what the Council was struggling with in this "cum- bersome" issue. Councilman McPhee stated that if the process was changed so that "we're not flaunting doing this to the law then he would not oppose it. Following further discussion, on call for the question, the motion failed with Councilmen Hallett and Hesla voting "Aye Councilman Stamon, Quast, Schermer, and McPhee voting "No Councilman Quast then moved to pass Resolution No. 2 as read by title. Councilman Schermer seconded the motion which carried with Councilmen Stamon, Quast, Schermer and Mayor Whidden voting "Aye Councilmen Hesla, Hallett and McPhee voting "No 5. Public Hearing Set for Initiating Port Angeles Telecable Franchise Renewal Process Councilman Schermer moved to set a public hearing for April 21, 1987, to begin the Port Angeles Telecable franchise renewal process. Councilman Stamon seconded. Councilman Quast felt that April 21st was a bit rushed. He stated that after having many inquiries as to why the Council doesn't have the power to do something about the automatic increase and the auto- matic addition of a number of channels, he felt the people ought to at least receive one enlarged bill before the process begins. He recommended the first meeting in May. He also recommended the City Report cite the new Federal Regulations. He felt the public should be made aware that the City Council no longer has considerable influence over the rates, etc. He stated the cable companies had been successful in persuading Congress to take away this authority. Councilman Schermer concurred and amended the motion to set the public hearing for May 5, 1987. The motion carried. 6. Pea Patch Program Councilman Quast felt this matter should be referred to the Park Board and since it is the planting season, the current lease should be renewed with the existing lease holder. Councilman Hallett moved to direct staff to review the program and come back with a recommendation. Councilman Stamon seconded. Attorney Knutson concurred that the planting season requires that we get a move on this thing. Attorney Knutson stated that if the Council thinks the program should be expanded they could authorize staff to advertise addi- tional lots. He further stated that referring it to the Park Board for their determination as to which lots are appropriate could go hand in hand with that. Councilman Hallett then reworded his motion to approve this lease with Mr. Mrs. John Frazier and to refer the matter back to the Park Board. Coun- cilman Stamon concurred. The motion carried. 6A. Waterfront Trail City Planner Carr indicated that staff had met with representatives of the Waterfront Trail Committee to discuss negotiations. He stated that a meeting had been set with Crown Zellerbach on Monday, at 1:30 P.M. Hattie Berglund voiced disappointment that the process had moved so slowly. She stated May 2nd had been the date set in the Council letter and that we were quickly approaching that date. She requested this item be on the agenda of the next meeting. Councilman Stamon stated she was the Council representative on that committee had every hope that the committee will be able to "negotiate" a solution with Crown -Z on Monday. BREAK The meeting was recessed for a break at 9:12 P.M. The meeting returned to open session at 9:26 P.M. 715 716 8. Amendment of Loan Conditions for Waterfront Associates CITY COUNCIL MEETING April 7, 1987 7. Consideration of Purchase Agreement Between the City and Transit Authority Police Building Authorized Councilman Hallett moved the City Council approve the terms set forth in the final contract and authorize the Mayor to sign the contract for purchase of the City's Police Building by Clallam Transit. Councilman Hesla seconded. Councilmen Stamon and Schermer abstained in appearness of fairness. Mayor Whidden asked if any members of the audience objected if these individuals remained in the meeting room during disucussion. No objections arose. Councilman McPhee voiced concern over the price of the building. Following lengthy discussion and debate over purchase price, appraised value, etc., the motion carried with Councilman McPhee voting "No Councilmen Schermer and Stamon abstaining. Councilman McPhee voiced concern with the way the principal savings would be used. It was his understanding that these principal savings would be used to reduce lease payments to new tenants, making them less than those that are presently paid by current tenants. Councilman Hesla stated the developers could not guarantee they would have new tenants and they were attempting to attract new tenants. Councilman Schermer's understanding was that the developers had to assure that they would pass on the savings in some manner to the tenants and the proposal requires the developers provide incentives. He stated those incentives were not specifically spelled out. Councilman McPhee's understanding was that the cost savings were not to be used for administrative purposes. Councilman McPhee voiced concern over re- consideration of the agreement, stipulating that reconsideration occur only if requested by the developers. Councilman Schermer concurred. Councilman Quast requested a sixth condi- tion, that Waterfront Associates will fulfill all other obligations to the City in a timely manner. He was referring particularly to utility bills, etc. Manager Flodstrom explained this proposal would result in approximately $15,000 additional income to the City. Councilman Hesla moved to accept the six items as proposed to Waterfront Associates in re- working their loan. Councilman Schermer seconded. Coun- cilman Schermer emphasized this was a trust of money given to us by the Federal government. Following further lengthy on call for the question the motion carried, with Councilmen H Hesla, Schermer, and Mayor Whidden voting "Aye and Councilmen McPhee, Stamon, and Hallett voting "No The time being 10:00, Councilman Quast moved to complete the items on to- night's agenda. Councilman Stamon seconded. Councilman Quast added that the meeting not continue past 11:00. Councilman Stamon concurred. The motion carried. Councilman Schermer voted "No 9. Consideration of TCACC Funding for TV Advertising Ted Gage, Director of the Tourism and Convention Association of Clallam County listed funding commitments from other agencies and requested funding assistance from the City of Port Angeles in the amount of $5,772.50 to financially support a County -wide television advertising campaign through KOMO television. He introduced Jim McGovern from KOMO who explained the benefits of the television advertising campaign and outlined the proposed campaign for Clallam County. In closing, Mr. McGovern stated that one major benefit would be a tremendous uplift in spirit of the residents here, not only because they would see the Council's commitment to their commu- nity, but also would see their home on television. He stated all residents would enjoy and benefit from this as well. Councilman Quast moved to appropriate to the Tourism and Convention Asso- ciation of Clallam County $5,772.50 for the purpose of obtaining the afore- mentioned advertising with KOMO television. Councilman Schermer seconded. Councilman Quast added one condition: That the vignettes include pictures of Hurricane Ridge and the &ncc— Park Museum, and the Port Angeles Ni tionwi CITY COUNCIL MEETING April 7, 1987 Waterfront with the City Pier and the SS COHO. Councilman Schermer con- curred. Upon recommendation by Attorney Knutson, Councilman Quast added to the motion authorization for the Mayor to execute an amendment to the City's agreement with the TCACC and that the moneys be appropriated from hotel /motel tax reserves. On call for the question, the motion carried. 10. Special Agency Contracts Authorized for Derby Days, Economic Development Council, and Clallam County Humane Society A. Derby Days Contract Authorized Councilman Stamon moved to authorize the Mayor to enter into a contract with Derby Days for tourist promotion services. Councilman Quast seconded. Councilman McPhee inquired as to controls over accounting. Attorney Knutson explained that the recordkeeping and reporting section of all of these contracts had been beefed up at the specific request of Councilman Quast, requiring quarterly reports be submitted to the City by these agencies (semi annual in the case of Derby Days). On call for the question, the motion carried. B. Economic Development Council Contract Authorized Councilman Schermer moved to accept the contract as written and authorized the Mayor to sign the contract with the Economic Development Council. Councilman Hesla seconded. Following discussion of performance by the Council with regard to transportation systems, on call for the question, the motion carried. C. Clallam County Humane Society Contract Authorized Councilman Quast moved to authorize Mayor Whidden to sign the agreement with the Clallam County Humane Society. Councilman Stamon seconded and the motion carried. 11. Ordinance Adopted Authorizing Cost of Living Increase for IBEW Represented Employees Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2440 AN ORDINANCE of the City of Port Angeles, establishing a pay plan for the employees represented by IBEW Local #997 for the 'period of April 1, 1987, through March 31, 1988, and providing for the payment thereof. Councilman Quast moved to adopt the Ordinance as read by title. Councilman Schermer seconded. The motion carried. 12. Consideration of Revising City's Criminal Code for May 1st Implementation Continued Until April 21, 1987 K Manager Flodstrom announced that following a discussion with Commissioner Duncan today, he felt there was a need to further consider the proposal for a compromise solution regarding the City's Criminal Code. He recommended continuing the matter. Councilman Quast moved to continue the item until April 21, 1987. Council- man Stamon seconded and the motion carried. 13. Public Hearing Set for April 21, 1987, to Declare Property on Race Street Surplus Councilman Hallett moved to schedule a public hearing for April 21, 1987, to consider declaring the City -owned lot at 1105 South Race Street surplus property. Councilman Stamon seconded. Upon inquiry by Councilman Quast, Public Works Director Pittis that a bid opening had been scheduled for Monday. The motion carried. 14. Selection of Consultant for Eighth Street Bridges Structural Analysis Councilman Quast moved to concur with the recommendation of the Public Works Department and enter into contract negotiations with Alpha Engineers 717 718 CITY COUNCIL MEETING April 7, 1987 for the structural review and analysis of the Eighth Street bridges, subject to the final agreement being approved by the Council. Councilman Stamon seconded. Councilman McPhee inquired if any of the bidders were local. Staff confirmed that one firm was. Following discussion of the selection procedure, on call for the question, the motion carried. 15. YMCA Request for Contribution of Landfill Costs for Building Demolition Referred Back to Staff Following lengthy discussion of the impact to the Landfill, Councilman Schermer moved to refer this issue back to the staff for recommendation. Councilman Quast seconded and the motion carried. 16. Coal Creek Memorandum of Agreement Adopted Councilman Quast moved to concur with the recommendation of the City Light Director and the City Attorney to authorize the Mayor to sign the revision to the Memorandum of Agreement. Councilman Stamon seconded and the motion carried. 17. Report on Secondary Sewage Treatment Attorney Knutson explained that action tonight was not necessary. He stated, however, that if the Council is favorable toward the Consent Decree that has been proposed, the Council would have to take action. He stated that EPA and DOE also had to go through their formal approval process, which could take a while, given the Federal bureaucracy that has to be dealt with. Manager Flodstrom stated that the Council should have in hand a more firm rom the Department of Ecology on the funding commitments that they have made to the City. Councilman Quast moved to indicate that the City of Port Angeles is pre- pared to sign the Consent Decree, stipulating, however, the 50% contribu- tion from from the Department of Ecology towards the construction of the secondary sewage treatment plant and that this commitment be in writing. Councilman Schermer seconded and the motion carried. 18. Child Abuse Prevention Month Proclamation Mayor Whidden proclaimed April, 1987, Child Abuse Prevention Month and urged all citizens to utilize this period to learn to better understand, recognize, and respond to this grevious problem. He commended the Exchange Club of Port Angeles for their effort in connection with other Exchange Clubs in America in the Child Abuse Prevention Foundation. VIII CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hesla announced that the Exchange Club, in conjunction with the Clallam County Sheriff's Department, would be conducting a fingerprinting for children session at McDonald's Restaurant this Saturday from 10:00 AM until 2:00 PM. Councilman Stamon reminded all Councilmembers of membership applications for the Tourism and Convention Association of Clallam County. She inquired of the Parks Department of the status of the All American City Log. Parks Superintendent Hicks explained that there had been problems with cutting the log. Councilman Stamon thanked staff and commended them on the excel- lent job they had done on preparing the Capital Improvement Plan document. Councilman Quast complimented Mayor Whidden and Councilman Stamon for their excellent efforts and activities to welcome the Coast Guard Cutter ACTIVE home on Sunday. He also thanked the citizens of the community and busi- nesses for participating. Councilman Quast also thanked Mr. Gage for filming the event, A. there were many people on the Pier. He thanked the Parks Department people for the nice appearance of the Pier. He stated there were several broken light fixtures. Councilman Quast also commended Lisa Cochrun for the newsletter, the City Report. He stated he had a number of citizens come to him and compliment the City for this newsletter at the function at the Pier. He stated the most recent issue was the best one ever. CITY COUNCIL MEETING April 7, 1987 IX ADJOURN TO EXECUTIVE SESSION The meeting was adjourned to executive session at 10:48 P.M. for the purpose of discussing real estate and possible litigation. The length of the executive session was estimated to be between 15 minutes and one -half hour. X RETURN TO OPEN SESSION The meeting returned to open session at approximately 11:20 P.M. XI ADJOURNMENT The meeting was adjourned at approximately 11:22 P.M. .-}LIAJ1A1M KANNrCL22 (19 Clerk Mayor CC1034[1] 719