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HomeMy WebLinkAboutMinutes 04/16/19911883 City Council Meeting Port Angeles, Washington April 16, 1991 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING at 5:38 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmen Comell, Hallett (Arrived at 5:50 p.m.), Nicholson, Ostrowski, and Wight. Members Absent: Councilman Lemon. Staff Present: Acting City Manager/Attorney Knutson, Clerk Upton, M. Cleland, B. Collins, L. Glenn, K. Godbey, B. Titus, R. Dyker, K. Ridout, G. Kenworthy, D. Sawyer, and B. Jones. Public Present: J. Diddckson, S. Packman, N. Martin, E. Tuttle, J. VanOss, C. Aldrich, L. Beil, B. Haselton, C. Alexander, C. Shurland, J. Parker, and B. Davis. INTERVIEWS FOR The City Council interviewed the following applicants for the Parks Board vacancies: PARKS BOARD: Jon Didrickson, Sue Packman and Nancy Martin. ADJOURN TO Mayor Sargent adjourned the meeting to executive session at 6:10 p.m. to discuss EXECUTIVE SESSION: matters of litigation. RETURN TO OPEN The meeting returned to open session at 7:00 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR SESSION: at 7:05 p.m. PLEDGE OF The Pledge of Allegiance Io the Flag was led by Terri Root's Campfire Group. ALLEGIANCE: Members: Jamie Sculley, Molly ROOt and Brandy Kelly. INTRODUCTION OF Planning Director Collins introduced Mr. David Sawyer, who recently joined the NEW STAFF MEMBER: City as Senior Planner. APPROVAL OF Approval of Minutes of Regular Meeting of April 2, 1991 MINUTES: Councilman Ostrowski moved to approve the minutes of the regular meeting of April 2, 1991, as written. Councilman Hallett seconded the motion. Councilman Wight referenced Page 2, Item 2, regarding the discussion on the enhancements to the Veto Burton Memorial Community Center. He requested that his comments made at the last meeting be added to the minutes with respect to the needs of meetings and symposiums; Councilman Wight had asked for priority enhancement of food service facilities which Councilmembers felt was achievable during the current year with available funding which is proper utilization of the Hotel/Motel funds. Further, a correction was offered to Page 4, No. 5 of the Conditions on the Ennis Creek Estates PRD: '235 feet' should be changed to read 25 feet. Additionally, on Page 6, No. 7 of the Ennis Creek Estates PRD Findings, the words 'and the preliminary plat application' should be deleted. Mayor Sargent offered a correction to Page 8, Item 5.B., in that the Zoning Code Amendment number should be corrected to read ZCA 91(04)03. A vote was taken on the motion which carried by a majority vote with Councilman Cornell abstaining. FINANCE: 1. Consideration of Retail Advertising Agreement - Peninsula Daily News Councilman Cornell moved to authorize the Mayor to sign the Retail Advertising Agreement with the Peninsula Daily News. The motion was seconded by -1- 1884 CITY COUNCIL MEETING APRIL 16, 1991 Councilman Hallett and carried unanimously. Mayor Sargent referenced the block ads placed in the newspaper by the City to advertise vacancies on Boards and Commissions. She noted the County appears to notify the public of vacancies by submitting press releases. The Mayor asked Clerk Upton to research the matter and determine if the same type of approach would be feasible for the City. CONSENT AGENDA: Councilman Hallett moved to accept the items listed on the Consent Agenda, as follows: (1) Request for approval of travel in excess of $500 for Washington State Energy Office Seminar; (2) Request for approval of "Request for Proposal" for Agent/Broker of Record - Insurance; (3) Correspondence from Washington State Liquor Control Board; (4) Vouchers of $315,153.84; (5) Payroll of 3/31/91 of $271,253.40; and (6) Concept Administrators - $67,116.96 for March, 1991. The motion was seconded by Councilman Wight. Councilmen Cornell and Ostrowski requested clarification as to why the City wishes to solicit RFP's for an agent/broker of record for insurance. Administrative Services Director Godbey reviewed the current insurance situation wherein the City is underfunded in self-insurance for buildings and contents. For example, winter storm damage was sustained and was fortunately covered by FEMA. Ms. Godbey indicated it is more objective to have an agent/broker of record acting on behalf of the City in choosing insurance. Further, Attorney Knutson indicated the City had dealt directly with agents prior to the time it became self-insured. However, it has been determined appropriate to engage an agent/broker of record in order to determine the current market situation and to be able to review all responses to the insurance solicitation. Attorney Knutson noted this is a common practice within other municipalities and is also the system with which the City Manager has worked. After further limited discussion, a vote was taken on the motion which carried unanimously. ITEMS FROM THE None. COUNCIL/AUDIENCE TO BE CONSIDERED/ PLACED ON THE AGENDA: LEGISLATION: 1. Presentation of Certificate of Appreciation to Jewell VanOss Presentation of Certificate On behalf of the City Council, Mayor Sargent presented a Certificate of Appreciation of Appreciation to Jewell VanOss for her dedicated service as a member of the Parks, Recreation and Beautification Commission for the past ten years. 2. Public Hearings Conditional Use Permit - A. Conditional Use Permit - CUP 91(02)02 - ChiMers, Northeast comer of CUP 91(02)02 Georgiana/Eunice Streets: Appeal of Planning Commission decision to deny a Conditional use Permit to allow a day care facility proposed to be located in a RS-7, Residential Single-Family District (Reset Public Hearing to May 7, 1991) The notices for the above referenced public hearing had been properly posted and neighbors notified; however, the newspaper inadvertently failed to publish the legal notice. Therefore, it is appropriate to reset the public hearing in order to fulfill the public notice requirements. Councilman Ostrowski moved to reset the public hearing to May 7, 1991. The motion was seconded by Councilman Cornell and carried unanimously. Zoning Code Amendment B. Consideration of Zoning Code Amendment - ZCA 91(04)03 - City of Port ZCA 91 (04)03 Angeles, City-wide: Proposed "housekeeping" amendments to Ordinance No. 1709, as amended, such as reformatting, clarification and definitions of various sections of the Ordinance; the addition of provisions for temporary signs for special events; provision for deposits for use of public notice signs and expansion of non-conforming facilities and uses. LEGISLATION Mayor Sargent reviewed information pertinent to the above referenced Zoning (Continued) Code amendment, wherein certain 'housekeeping~ changes had been approved by the Planning Commission to accommodate community needs. The proposal included reformatting, clarification and definitions of various sections of the -2- 1885 CITY COUNCIL MEETING APRIL 16, 1991 Ordinance, as well as provisions for temporary signs for special events, return of public notice signs and clarification of the expansion of non-conforming facilities and uses. Mayor Sargent opened the public hearing at 7:31 p.m. There being no public testimony, the heating was closed at 7:32 p.m. In its subsequent deliberations, the City Council noted the absence of referenced Findings and Conclusions. Councilman Cornell moved to table action to May 7, 1991. Councilman Ostrowski seconded the motion which carried unanimously. Planning Commission 3. Planning Commission Minutes of April 10, 1991 Minutes of April 10, 1991 A. Rezone Request - REZ 91(04)01 - Kneller, 800 Block Caroline Street: Set Rezone Request public hearing for May 7, 1991 REZ 91(04)01 Councilman Wight moved to set a public hearing for May 7, 1991. Councilman Nicholson seconded the motion which carried unanimously. Councilman Hallett moved to accept and place on file the Planning Commission minutes of April 10, 1991. The motion was seconded by Councilman Nichoison. Councilman Wight referenced Page 8, Item VII. Staff Reports, wherein it is noted that a public hearing on the Filling and Grading Ordinance will be set for the August 14, 1991 Planning Commission meeting. He questioned if this date is accurate. Planning Director Collins responded this matter had, in fact, been deferred to a later date; however, August 14 is not accurate. Councilman Wight urged action on this matter prior to the next rainy season. A vote was then taken on the motion which carried unanimously. Proposal for Resource 4. Request to present proposal for a Resource Recovery Project at the Port Recovery Project - Angeles Landfill - Clifford AMrich Landfill Clifford Aldrich, 303 So. 5th Street, Sequim, addressed Council with a proposal for the installation of a privately owned and operated recycling facility at the Port Angeles Landfill. Mr. Aldrich requested that Council provide him an exclusive window to proceed with the procurement of funds for such a project due to the significant costs involved. Mayor Sargent inquired as to whether a project of this nature must be bid. Attorney Knutson responded that bids must be solicited by the City; he suggested the possibility of the matter being referred to the Utility Advisory Committee for consideration. Councilman Hallett felt it appropriate for the UAC to initially discuss the concept at its meeting scheduled for April 30 and possibly invite Mr. Aldrich to a later meeting for further input. Councilman Col'nell moved to refer the matter of the proposed Resource Recovery project to the Utility Advisory Committee for discussion at its next meeting. Councilman Nicholson seconded the motion which carried unanimously. Carl Alexander re. 5. Request from Carl Alexander to address Council re: Harborline Relocation Harborline Relocation Request Request Carl Alexander, 1712 W. 5th Street, distributed pertinent documents to Council and addressed Council regarding the harborline relocation request and asked Council to rescind those ordinances which rezoned the parcel of property between Oak and Cherry Streets. Mr. Alexander requested the City Council consider withdrawing as a co-applicant on the harborline relocation request. Further, Mr. Alexander noted the Superior Court had issued an opinion declaring resolutions amending the Port of Port Angeles Comprehensive Scheme of Harbor Improvements to be null and void. He expressed the opinion that the request for rezone by the Port was frivolous and without merit, that the evaluation and recommendation for approval of the rezone by the Port Angeles Planning Department was faulty and based upon erroneous information, and that the property cannot be developed either for industrial use or commercial use as the situation now exists. LEGISLATION In the ensuing discussion, Councilman Cornell offered information concerning the {Continued) Planning Commission decision on the rezone. He indicated the Planning Commission initiated the rezone action and intended for the City to decide the use of the property and was not responding to a rezone request from the Port of Port -3- 1886 CITY COUNCIL MEETING APRIL 16, 1991 Angeles. Councilmembers were in agreement further information would be appropriate. Councilman Nicholson moved to refer the documents submitted by Mr. Alexander to the City Attorney and staff for review and comment to be submitted back to the City Council. The motion was seconded by Councilman Hallett and carried unanimously. Attorney Knutson expressed his anticipation that, unless an immediate response is desired, it may take longer than a few weeks to generate a response particularly in view of the litigation which is ongoing. Councilmembers, by consensus, agreed to provide ample time to staff in the formulation of the response. Abatement of Public 6. Consideration of Resolution for Abatement of Public Nuisances - Public Nuisances - Resolution Comment - No. 11-91 Staff provided Council with a revised Exhibit 'A" list of public nuisances which included two properties. Mayor Sargent inquired as to whether there was any public comment pertinent to these properties. There being no public comment, Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 11-91 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiting the elimination of such nuisance. Councilman Ostrowski moved to pass the Resolution as read by title. The motion was seconded by Councilman Nicholson and carried unanimously. Proclamations 7. Proclamations A. Washington Victims' Rights Week B. Retired Senior Volunteer Program Day C. Clean-Up, Fix-Up Week - Earth Day D. Lions White Cane Days Mayor Sargent read proclamations declaring the week of April 21-27, 1991 as Washington Victims' Rights Week; April 24, 1991 as Retired Senior Volunteer Program Day; the week of April 22-28, 1991 as Clean-Up, Fix-Up Week and April 22, 1991 as Earth Day; and May 3-4, 1991 as Lions White Cane Days. Councilman Wight moved to adopt the proclamations as read by the Mayor. The motion was seconded by Councilman Cornell and carried unanimously. Councilman Wight referenced the proclamation on Clean-Up, Fix-Up Week and noted it may be advantageous to address this matter earlier next year in order to formalize the joint efforts of various service organizations in cleaning up the environment. Salary Revisions for 8. Consideration of Ordinance Revising Salaries for Elective Officials Elective Officials Councilman Hallett moved to continue consideration of this item to the next meeting when all Councilmembers will be present. The motion was seconded by Councilman Nicholson and carried unanimously. #1619 Salary Schedule 9. Consideration of an Amendment to #1619 Salary Schedule '- Amendment Council had previously changed the 1991 salary schedule for AFSCME Local #1619 by deleting the Engineering Drafting Technician and adding the Engineering CADD Technician. The deletion of the Engineering Drafting Technician was in error and should have been maintained within the salary structure. This Ordinance corrects the error by placing the position in the salary schedule. Mayor Sargent read the Ordinance by title, entitled 1887 CITY COUNCIL MEETING APRIL 16, 1991 LEGISLATION ORDINANCE NO. 2635 (Continued) AN ORDINANCE of the City of Port Angeles amending Ordinance No. 2635 amending Section 1 of Ordinance No. 2624, as amended by Ordinance No. 2629, adding the classification of Engineering Drafting Technician. Councilman Hallett moved to adopt the Ordinance as read by title and to authorize the City Clerk to publish the Ordinance by summary. The motion was seconded by Councilman Wight. Attorney Knutson noted a minor technical revision which will be made on the actual Ordinance in that the line which denotes the Engineering Drafting Technician will be underlined. A vote was taken on the motion which carried unanimously. PADA and Budget 10. Consideration of an Agreement for Operation of a Downtown Parking Lot Rent-a-Car - PADA and Budget Rent-a-Car In accordance with an agreement between the City of Port Angeles and the Port Angeles Downtown Association, the Association has the responsibility of supervising and operating several downtown parking lots which are owned by the City. The Association has determined it more efficient and cost effective to subcontract with Budget Rent-a-Car for the operation of one of the parking lots under the Association's responsibility. This annual agreement is subject to the approval of the City Council. Councilman Nicholson moved to authorize the Mayor to sign the agreement between the Port Angeles Downtown Association and Budget Rent-a-Car. The motion was seconded by Councilman Ostrowski and carried unanimously. Agreements for Daishowa 11. Request for Authorization to City Light Director to Sign Agreements with Energy Audit Daishowa and CRS Sirrine for Energy Audit at Daishowa Mill Council had previously authorized City Light to enter into an agreement with the Bonneville Power Administration to oversee the performance of an energy audit at the Daishowa Mill. All funding is to be provided by BPA, Daishowa is to provide information, and City Light agreed to hire a consultant to perform the work. City Light solicited RFQ's and determined that CRS Sin'ine is the best qualified to perform the audit. At this time, Council is being asked to authorize the City Light Director to enter into agreements with CRS Sirrine and Daishowa for the energy audit after the time project conditions have been finalized and the contract negotiated. City Light noted the preliminary information indicated the contract award amount would be well under the cap established by BPA so there would be no chance of any financial liability to the City. Councilman Ostrowski moved to authorize the City Light Director to enter into agreements with CRS Sirrine and Daishowa for the performance of an energy audit at the Daishowa Mill. The motion was seconded by Councilman Hallett and carried unanimously. Property Purchase - 12. Consideration of Purchase of Property at 116 East 5th Street 116 East 5th Street Mayor Sargent reviewed information pertinent to the availability of property located at 116 East 5th Street, property which is immediately east of the Fire Hall. Reasons for purchasing the property were reviewed. Future annexations would more than likely be to the east of Port Angeles and, if a second fire hall were to be built in the future, it would more than likely be built on the east side of town. Secondly, if the fire hall were to expand in its present location, additional property may be necessary for the expansion. Additionally, if a new west end fire hall were to be built, the City would have a larger parcel of property to sell if this lot is included. Finally, the property could be used at this time for increased training space. The purchase price was also discussed. The asking price for the property was $47,500. The seller would not accept a property trade, but did accept the City's offer of $42,500. Councilman Nicholson moved to approve the purchase of the property at 116 East 5th Street and authorize the payment of $42,500.00 for the purchase price. The motion was seconded by Councilman Wight. Property Manager Ridout -5- 1888 CITY COUNCIL MEETING APRIL 16, 1991 LEGISLATION indicated a structural analysis of the house would be conducted and consideration (Continued) might be given to rental of the property. A vote was taken on the motion which carried unanimously. Sale of Property - 13. Consideration of Sale of Property at 14th & ~In Streets 14th & ~I~ Streets In 1990, staff was directed by Council to offer for sale certain lots owned by the City; four lots were marketed and three were sold. An offer to purchase the remaining lot, located at 14th & 'I' Street, has been received in the amount of $10,000 from LBR Construction. The purchaser deposited $250.00 earnest money and stipulated the offer would be contingent upon a satisfactory feasibility study being completed within 45 days of the acceptance of the offer. The purchaser will be responsible to deposit 25 percent of the sale price and the balance, including interest at the rate of 10 percent, shall be paid within one year. Councilman Ostrowski moved to accept the offer from LBR Construction and authorize the Mayor to enter into a real estate contract for the sale of Lot 1, Block 407, TPA, subject to the terms and conditions outlined. The motion was seconded by Councilman Cornell and carried unanimously. CITY COUNCIL A Draft Environmental Impact Statement (DEIS) for Elwha Dam Removal was COMMITTEE distributed to the members of Council for review. Mayor Sargent suggested that REPORTS/LATE comments be submitted to Attorney Knutson. Attorney Knutson reported the City ITEMS: had requested an extension of the comment period from April 29, 1991, for thirty to sixty days. Should the extension not be granted, the City will need to have comments to FERC by the April 29 deadline. CH2M Hill had been retained by the City to assist in studying the Draft EIS. The City's comments will include those made by Councilman Hallett at the FERC hearing, as well as the preliminary results of the analysis conducted by CH2M Hill. Attorney Knutson continued that discussions axe also taking place with respect to impacts on industrial water supply. The consultants comments thus far relate to the City's domestic water supply. It is proposed that Council consider the possibility of extending authority to the City Manager to retain the services of CH2M Hill in an amount not to exceed $10,000 to do additional analyses of the water supply impacts. The mills would be contributing to the cost of the consultant's analysis of the industrial water supply inputs. Much of this information would prove to be valuable to the City's water utility even if the dams are not removed. Discussion followed concerning the Draft EIS and Mayor Sargent felt it appropriate for the City Manager to sign the Draft EIS statement which would not necessarily preclude input and testimony from Councilmembers. Attorney Knutson asked that comments be submitted by April 22, 1991. In the ensuing discussion, Planning Director Collins addressed an inquiry concerning impacts to the City's water supply by virtue of dam removal and associated costs particularly relating to water treatment. He indicated the City can request that mitigation be included in the FEIS to protect the City on these types of impacts. Councilman Wight urged the City to develop a strong case in making certain comments are strong and concise in the Draft EIS. Councilman Wight moved to authorize the City Manager to engage the services of CH2M Hill to a maximum expenditure of $10,000 referenced above. The motion was seconded by Councilman Cornell and carried unanimously. Mayor Sargent referenced a document received from the Department of Community Development asking for input in identifying the emerging issues of the 1990's. A copy of the document will be placed in each Councilmember's box for review and input. In addition, input will be solicited from staff. The Association of Washington Cities had requested support of the Brady Bill. After limited discussion, by consensus, Council authorized the Mayor to submit a letter of support for this proposed legislation. Mayor Sargent extended an invitation to participate in the Family A' Fair to be held Saturday, April 20, 1991 in the Vern Burton Center to celebrate the *Week of the Young Child~. Councilman Hallett noted the decrease in 911 calls and then directed attention to the significant number of false alarms. He urged consideration of an ordinance on false 1889 CITY COUNCIL MEETING APRIL 16, 1991 LEGISLATION alarms in this regard. Further, Councilman Hallett addressed the matter of proposed (Continued) legislation on banning polyurethane foam from furniture in the State of Washington. Councilman Hailer offered Council's help to support the legislation. Councilman Cornell addressed the matter of City-owned property, specifically that which may be located outside the City limits. A list of such property will be submitted to Council at a future date. Councilman Comell referenced 'The Cable Regulator" and noted the inflammatory and adversarial nature of the periodical. Mayor Sargent read a letter from John Pope, Superintendent of the Port Angeles Public Schools, expressing appreciation to the Police Department on the recently implemented traffic monitoring program in the areas of the schools. Police Chief Cleland informed Council of recent fundmising efforts undertaken by residents of Crestwood Convalescent Center and Port Angeles Care Center where $658 was raised for the D.A.R.E. Program. ADJOURNMENT: The meeting adjourned at 8:51 p.m. CC.213 -7-