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HomeMy WebLinkAboutMinutes 05/02/19891334 CITY COUNCIL MEETING Port Angeles, Washington May 2, 1989 I CALL TO ORDER Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:05 P.M. II PLEDGE OF ALLEGIANCE Mayor McPhee led the Pledge of Allegiance to the Flag. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hordyk, Lemon, Stamon. Members Absent: Councilman Sargent. Staff Present: Public Present: Following carried. Manager Flodstrom, Acting Attorney Dickson, Clerk Maike, 0. Miller, M. Cleland, S. Hardy, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, R. Ellsworth, K. Ridout, G. Kenworthy, C. Headrick. Mr. Wasankari, G. Pettet, D Alwine, K. Bower, M. D. P. Brewer, D. Schopen, A. C. Ross, M. Langley, C. Martin, J. VanOss, C. Reid, S. Kilbreath, C. Nguyen, K. Rexrode, Morse, B. Anabel, S. Switzer, M. Merrick, D. Vautier, S. Cram, P. Matland, M. Miller, Fuller, K. Schermer, S. Jewel, C. Stockern, Mulholland, Alexander, L Whidden, S. A. Walker, D H. Berglund, B. Hoyle, L. M. Derousie. IV APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 18. 1989. AND SPECIAL, MEETING OF APRIL 13. 1989 Councilman Hordyk moved to accept and place on file the minutes of the regular meeting of April 18, 1989, and the minutes of the special meeting of April 13, 1989. Councilman Lemon seconded. Mayor McPhee offered the following corrections to the minutes of the April 18, 1989, meeting: Page 9, first paragraph, to change the wording to state: and discussed with Mayor McPhee the debts that have been incurred. second paragraph on page 9, last sentence to strike only to staff and indificual Councilmembers." and to replace it with "during the public meeting final paragraph on page 9, to strike the last sentence as it was a typo- zraphical error. Councilman Stamon stated she would be abstaining as she was not present at the April 13th meeting. -1- sip Councilman Gabriel stated he, too, would be abstaining as he was not present at the April 13th or the April 18th meeting. On call for the question, the motion carried. V FINANCE None. VI CONSENT AGENDA Councilman Hallett moved to accept the items as presented on the Consent Agenda, including (1) Correspondence from Washington State Liquor Control Board; (2) Vouchers of $1,900,897.76; and (3) Payroll of 4 -16 -89 of $239,436.36. Councilman Stamon seconded. a brief discussion, the question was called and the mf,tion VII ITEMS FROM THE AUDIENCE /CITY COUNCIL TO BE CONSIDERED /PLACED ON THE AGENDA Lewis Sample, 732 Caroline, apologized to the people of Port Angeles, and particularly to the Soroptomist Jet Set Club, as he had volunteered to build a trail from the foot of Francis Street to the waterfront; however he would be withdrawing his help from the project. He stated the reason was the lack of interest on the part of the City and the on -going dispute between the City and Paul Cronauer. Leonard Fuller, 420 East llth Street, requested the Council allow him to speak on some environmental issues. Mayor McPhee directed Mr. Fuller to see the City Manager to place this issue on the agenda at a subsequent meeting. Councilman Stamon made note that the issue regarding the Waterfront Trail which Mr. Sample had brought before the Council is presently being worked on by the City staff; however, until Mr. Cronauer removes the fill on the Waterfront Trail, the City is unable to participate in the action requested by Mr. Sample. She stated staff has been working diligently on this project and she wanted Mr. Sample to know the effort would continue. Mayor McPhee added Item 14 to the Council Agenda: Discussion Regarding the Lincoln Landing. VIII LEGISLATION 1. Presentation of Certificate of Competency to Ralph L. Connection Control Specialist I Mayor McPhee presented Ralph Ellsworth with a Certificate Cross Connection Control Specialist I, stating that he had a class of 21. 2. Planning Commission Minutes of April 26. 1989 A. 1335 CITY COUNCIL MEETING May 2, 1989 Shoreline Management Permit SMA- 88(11)93 Sea Farm of WashinEton Councilman Stamon moved to concur with the recommendation of the Planning Commission to accept the applicant's request for withdrawal. Councilman Hallett seconded and the motion carried unanimously. B. Zonine Code Amendment ZCA- 88(12)6 Adult Entertainment Ellsworth. Cross- of competency for finished first in Councilman Stamon moved to set a public hearing for the Council meeting of May 16, 1989, to consider an amendment to the Zoning Code with respect to adult entertainment. Councilman Gabriel seconded and the motion carried unanimously. C. Annexation Request ANX- 88(10)2 Timm /Watson Bean Road Councilman Hordyk moved to concur with the recommendation of the Planning Commission to deny the request to circulate an annexation petition, citing Annexation Policy No. 3 of the City's Comprehensive Plan: Annexation boundaries should be drawn to eliminate boundary interjurisdictional and service problems. Councilman Hallett seconded. Councilman Stamon spoke in opposition, stating this is a difficult issue before the Council and there is a very strong need in the community for a facility which provides youth with a drug and alcohol -free environment. She realized that the use of the facility was not the question before the Council; however, she felt there had been a precedent set by the Council regarding small annexations. If the Council was truly interested in providing for various types of land use, then serious consideration should be given to this annexation request. Additionally, she did not believe public testimony has been given proper consideration. Councilman Hallett agreed, to a point, with some of the statements made by Councilman Stamon; however, the issue has nothing to do with the program at Fort Watson. The issue is strictly one of annexation and the Council is correct in concurring with the recommendation of the Planning Commission. -2- 1336 CITY COUNCIL MEETING May 2, 1989 Councilman Hordyk stated he would not be in opposition to the annexa -tion request if there were no other alternatives to the existing problem. How- ever, there are other alternatives. There being no further discussion, the question was called and the motion carried with Councilman Stamon voting "No D. Zoning Code Amendment Rental Vehicles in the Central Business District E. Zonine Code Amendment Bed and Breakfasts in CSD -C1. Community Shopping District F. Zonine Code Amendment Amendment to Retail Stand Chapter of Zonine Code Councilman Stamon moved to set a public hearing for the May 16th City Council meeting for Zoning Code amendments for rental vehicles in the Central Business District; for Bed and Breakfasts in the CSD -C1, Community Shopping District; and for an amendment to the Retail Stand Chapter of the Zoning Code. Councilman Gabriel seconded and the motion carried unani- mously. G. Acceptance of Minutes Councilman Hordyk moved to accept and place on file the Planning Commission minutes of the April 26, 1989, meeting. Councilman Lemon seconded and the motion carried unanimously. 3. Consideration of Service Contract Port Angeles Light Opera Association Councilman Hallett moved to authorize the Mayor to execute the contract for promotional services for 1989 with the Port Angeles Light Opera Association with compensation of $2,000. Councilman Gabriel seconded and the motion carried unanimously. 4. Response to Mr. Sample's Request for Materials for Expansion of Trail on Francis Street Gary Kenworthy, City Engineer, gave a brief over -view to the Council regarding the position of the City on Mr. Sample's request. Engineer Kenworthy stated he has spoken to Mr. Sample and advised him that no action could be taken until such time as the fill material was removed by Mr. Cronauer. He stated Mr. Cronauer is proceeding with the removal of the fill and should be finished by May 3rd. The fill is being moved from the rail- road grade, as directed by the City, and being placed on Mr. Cronauer's prope,rty, as well as on the Francis Street excavation. It was Engineer Kenworthy's opinion that Mr. Sample's withdrawal of his offer came as a result of the fill being placed on the Francis Street right -of -way, which would interfere with Mr. Sample's ability to construct the trail. He further indicated the City will continue to follolP through on the construc- tion of the Trail. Councilman Stamon requested staff meet with Mr. Sample to try to explain to him further the situation and the action the City is taking. No formal action was taken on this issue. 5. Reauest from Peninsula Adult Literacy Services (PALS) to Use City Facilities for Tutoring Programs The question before the Council was whether the City of Port Angeles could assist the Peninsula Adult Literacy Services by providing some office space for their activities. In answer to a question posed by Councilman Stamon, Manager Flodstrom indicated this was a non profit, primarily volunteer, organization which has formed for the purpose of assisting people, particu- larly adults, in improving their reading skills, and the City would not be expecting rent to be paid for use of the space. He was not aware of any funds being provided for the purpose of paying tutors or rent. He stated Patrice Matland, Director of PALS, was present to answer any questions. -3- 1337 CITY COUNCIL MEETING May 2, 1989 Ms. Matland, 1128 East Second, Dirctor, PALS, addressed the Council, stat- ing it was the intention of the organization to request use of office space and a telephone SCAN line. The only money which comes into the organiza- tion was her salary of approximately $535 per month. She stated she did not anticipate more than five or ten calls a week on the SCAN line. In reply to a question asked by Councilman Hallett regarding the agreement with the Food Bank, Manager Flodstrom stated the Food Bank has use of a portion of the old City Hall and the City has agreed to provide space to them at no cost, up to $1,400 a year. The Food Bank pays any other cost incurred. The City has essentially provided the space and covered the utility costs. Councilman Hallett questioned the cost of a SCAN line. Director of Admin- istrative Services Wolfe replied the average cost is 32 cents per call. Manager Flodstrom discussed with the Council other options which were available: the house previously occupied by Operation Uplift, office space in the old City Hall, versus the use of the City Light Building. Following that discussion, Councilman Stamon moved to authorize the City Manager to develop an agreement between the Peninsula Adult Literacy Services and the City for the use of office space at the old City Light Building and use of a telephone, and to bring back the issue to the Council in terms of a contract. Councilman Hallett seconded. Councilman Lemon spoke in opposition, stating it was the decision of the Council at a previous meeting that the City Light Building does not have available space, specifically meaning lease, rent, give away, or any other option, and he did not intend space in the building to be advertised for use; that it is to be utilized specifically for the City's Utility. How- ever, he did state he would not be opposed to the motion if it was to be use of the old City Hall or any other available City space, as long as the costs involved were very reasonable. Councilman Stamon pointed out that currently the Clallam County Museum uses space at the City Light Building for storage of historical items. She did indicate in the agreement with the Museum is a clause which states if the City should need the space, they will vacate the premises within a reason- able period of time; and she assumed that clause would also be incorporated into the agreement with PALS. She stated she felt this was a worthwhile organization and the City should support the request. Councilman Hallett stated the request is reasonable and he was in favor of the motion. The building is not being fully utilized and it was incumbent upon them, as Councilmembers, when presented with opportunities to provide facilities or services to accommodate the needs of our community. Councilman Hordyk was opposed, as he felt the request should have been made first to Human Services of Clallam County. During a discussion between Councilmembers Hallet.. and Lemon regarding the availability of space and the possibility of using the office space in the City Light Building for an interim period, Manager Flodstrom explained it was his understanding of the motion made regarding the City Light Building that the property was to be removed from the market and there would be no consideration of sale, lease, or rental of the property. It was not his intention to question the Council's intent to sell or lease the property and this was one possibility of three which he felt would meet the needs of the organization. He suggested that Councilman Stamon leave the location noted in the motion as a generic space, and let himself and Ms. Matland review the options. Councilman Gabriel asked Ms. Matland if she had made any effort to contact Human Services. Ms. Matland stated she was not aware of such an organiza- tion. Following discussion on the issue, Councilman Stamon amended her motion to authorize the City Manager to make use of any space which is most suitable. Councilman Hallett concurred. -4- 1338 CITY COUNCIL MEETING May 2, 1989 Mayor McPhee stated he felt this was a County function and this request should be better received by the County. He was disappointed that staff was spending time on issues which were not City related. Manager Flodstrom stated he could have said initially this was not a City function; however, he did not feel that was an appropriate determination for him to make; rather, it is a policy decision for the City Council. Manager Flodstrom did not see this request for use or assistance as being any different from those of the Food Bank and the Museum for use of City space. It was Councilman Gabriel's opinion that the Council should take a serious look at the issue, as this is a need of the community; however, he did feel more information needed to be provided to the Council before any decisions could be made. On call for the question, the motion failed, with Councilman Stamon and Hallett voting "Aye and Councilmen Hordyk, Lemon, Gabriel, and Mayor McPhee voting "No Councilman Stamon moved to place the issue on a Council agenda at a later date when the full Council is present for discussion. Councilman Hallett seconded. Councilman Hordyk was opposed to the motion until such time as the request is put before the County Human Services Department and the letter is brought back to the Council if there is still a need for the City's participation. Councilman Stamon restated her motion that this issue be placed on a Council agenda at a later date when there is a full Council present and after the applicant has had the opportunity to contact the County Human Services Department to see if space is available through them. Councilman Hallett concurred. On call for the question, the motion carried, with Councilmen Lemon and Hordyk voting "No 6. Consideration of Candidates Exoressine Interest in City Council Vacancy Councilman Stamon abstained from the discussion. Mayor McPhee requested the Council set a date for a special meeting to interview the candidates. Manager Flodstrom noted that Councilman Sargent would not be available until May 10th or llth, as she is out of town. Mayor McPhee stated she could have access to the tapes of the interviews and also could contact the candidates. Councilman Hallett stated out of courtesy to Councilman Sargent, he felt it was best to have all members of the Council present prior to having any interviews with the candidates. Mayor McPhee, in reply, said this could very well be a long process and it was his opinion that the Council begin as soon as possible. Councilman Gabriel concurred with Councilman Hallett, stating he also felt it would be beneficial to have all members present. Councilman Hallett moved to schedule a special meeting to interview candi- dates on May 11, 1989, when all Councilmembers are present, and if that is not possible, at the next earliest date when all six Councilmembers are available. Councilman Gabriel seconded. Following a brief discussion, the question was called and the motion carried, with Mayor McPhee voting "No It was the decision that the Council would interview only those candidates who have not been interviewed previously, those individuals being Rodney Bogusch, Werner Quast, and Ken Schermer. -5- 6A. Certificate of Appreciation to Councilman Stamon On behalf of the City, Mayor McPhee presented a Certificate of Appreciation to Councilman Stamon for her meritorious service during her four -plus years on the City Council. Councilman Stamon's resignation was to be effective May 3, 1989. BREAK 1339 CITY COUNCIL MEETING May 2, 1989 Mayor McPhee recessed the meeting for a 15- minute break at 8:15 P.M. The meeting reconvened at 8:35 P.M. 7. Consideration of Storm Drain Study Contract with Brown and Caldwell Councilman Hallett moved to concur with the recommendation of the Public Works Department that the City Council authorize the Mayor to execute the Contract with Brown and Caldwell to provide a Storm Water Management Plan for the City, in the amount of $89,938. Councilman Gabriel seconded. Following a discussion, the question was called and the motion carried. 8. Request Authorization for Mayor to Sign an Agreement with Bonneville Power Administration for a Data Gathering Proiect Councilman Stamon moved to concur with the recommendation of the Light Department to authorize the Mayor to execute the agreement with Bonneville Power Administration to participate in their data gathering project. Councilman Hallett seconded and the motion carried unanimously. 9. Consideration of Sole- Source Resolution for PhvsioControl Life Pak System Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 11 -89 A RESOLUTION of the City Council of the City of Port Angeles designating the PhysioControl Life Pak System as the sole source for acquisition of Life Pak equipment used in cardiac care by the City of Port Angeles Medic I Program. Councilman Stamon moved to pass the Resolution as read by title. Councilman Hallett seconded. Following a short discussion on the issue, the question was called and the motign carried unanimously. 10. Consideration of Accepting an Easement for Waterfront Trail Purposes Councilman Stamon moved to accept the easement as a gift from Syd Tozier, subject to review of the easement language by the City Attorney, and further that the Council authorize the Mayor to sign the easement after the Attorney has given his approval. Councilman Hallett seconded. Councilman Hallett stated if the Council should concur, it would be appro- priate for staff to write a letter of thanks from the Council to Mr. Tozier for his gift. On call for the question, the motion carried unanimously. 11. Reouest for Utility Advisory Committee Meeting to Discuss Port Angeles Telecable Issues The Utility Advisory Committee set a meeting date for May 9, 1989, at noon, at City Hall. 1340 CITY COUNCIL MEETING May 2, 1989 12. Consideration of an Easement Agreement for the Elwha Industrial Waterline Councilman Hordyk moved to authorize the Mayor to sign the easement agree- ment with John Halberg for the Elwha Industrial Waterline. Councilman Lemon seconded. Councilman Stamon requested that Manager Flodstrom obtain a scale certifi- cate for the timber that is removed from the City property which will provide valid indication of the actual worth of the timber. On call for the question, the motion carried unanimously. 13. Announcement of Person Selected to be Director of Port Angeles City Licht Manager Flodstrom thanked the members of the Utility Advisory Committee, as well as Councilmen Stamon, Hallett, and Hordyk, for the participation on the selection committee. He then announced that Robert Titus has been selected to be the Director of the Light Department. He is expected to take the position as of June 1, 1989. 14. Discussion of Waterfront Associates Mayor McPhee's Request Mayor McPhee stated he had previously requested information regarding the promissory note on the Landing project. In reviewing the minutes and the tapes of the meetings, the information provided was not as complete as he had requested, and he asked that staff provide him with the minutes of the meeting at which it was decided that the City Council would not require a note on the loan, both the tapes and the minutes of those meetings. IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hordyk stated the Navy Frigate REUBEN JAMES will be returning to Port Angeles in June. During conversations with the captain, he was told that the crew had been very pleased with the hospitality they received in Port Angeles. He also requested further information on the Erickson Play field information. He questioned staff as to any other alternatives considered, as opposed to resurfacing and landscaping. Director of Parks and Recreation Brodhun stated another alternative would be to add additional signage and request the Police Department to patrol the area more intensely. Manager Flodstrom also suggested adding more structure to the parking lot by putting in wheel stops. This would create a more specific parking pattern and should help alleviate the problem of speeding. Councilman Stamon noted that the LADY WASHINGTON, a replica ship built by Grays Harbor Seaport Authority, will be in Port Angeles Harbor on Wednesday, May 10th, and an official reception will be held May llth in the Vern Burton Memorial Community Center from 5:30 to 7:00 P.M. Tours will also be offered at the City Pier. She also made note of a summary of information provided by Public Works on Landfill operations. Director of Public Works Pittis gave a brief synopsis of the issue at hand. Per a letter from the North Olympic Air Pollution Control Authority, the City must discontinue open burning at the Landfill immediately, and also begin daily cover. Councilman Stamon suggested the option of escalating recommendations made by the Recycling Committee and implementing those earlier than anticipated. Councilman Gabriel stated the Recycling Committee has discussed the possi- bility of purchasing a chipper. This issue will be brought before the Council at a later date. The chipped material will be used as cover for the Landfill. Mayor McPhee adjourned the meeting to executive session at 9:10 P.M. for the discussion of two items of litigation. Approximate time, 15 minutes. XI RETURN TO OPEN SESSION The meeting returned to open session at 9:35 P.M. XII ADJOURNMENT The meeting adjourned at 9:36 P.M. P CC. 74 X ADJOURN TO EXECUTIVE SESSION Clerk Mayor 1341 CITY COUNCIL MEETING May 2, 1989