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HomeMy WebLinkAboutMinutes 05/16/1989I CALL TO ORDER SPECIAL MEETING II INTERVIEWS CITY COUNCIL MEETING Port Angeles, Washington May 16, 1989 1347 Mayor McPhee called the special meeting of the Port Angeles City Council to order at 6:00 P.M. The purpose of the special meeting was to interview candidates for the Council vacancy. The following candidates were interviewed for the vacancy on the City Council: Werner Quast, Rodney Bogusch, Ken Schermer. The special meeting adjourned at 6:48 P.M. III CALL TO ORDER REGULAR MEETING Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:02 P.M. IV ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hordyk, Lemon, Sargent. Members Absent: None one position vacant. Staff Present: Public Present: S. Kilbreath, R. E. Zimmerer, C. Whidden, R. French, L. Ross, H. Fulkerson, E. Hansen, D. Alwine, D. Vautier, D. Rudolph, H. Berglund, P. Ripley, F. Bunch, D. P. Brewer, G. Doyle, P. Cronauer, D. Willson, B. Melville, K. L. Rose, R. Almskaar, V. Kiele, L. Beil. V PLEDGE OF ALLEGIANCE Manager Flodstrom, Attorney Knutson, Clerk Maike, 0. Miller, M. Cleland, S. Hursh, S. Brodhun, J. Pittis, D. Wolfe, M. Campbell, B. Becker, G. Kenworthy, T. Smith, M. Brown, T. Gallagher, B. Jones. The Pledge of Allegiance to the Flag was led by Claire Turner's 5th Grade Adventure Club. Members Present: Emily Turner, Ana Kanters, Erika VanCalcar, Tami Church. VI APPROVAL OF MINUTES OF REGULAR MEETING OF MAY 2, 1989. AND SPECIAL MEETING OF MAY 9. 1989 Councilman Hordyk moved to accept and place on file the minutes of the regular meeting of May 2, 1989, and of the special meeting of May 9, 1989. Councilman Sargent requested the minutes of the MaN 2nd meeting reflect that she was absent due to City. business. Councilman Lemon seconded. Mayor McPhee offered corrections to the minutes of the special meeting of May 9th. Under Legislation, Item 1, Discussion of Waterfront Associates, 14th line to strike the word "before" and replace it with of, so the sentence would read, in part: the vote of the people Additionally, on page 3, fourth paragraph to add to the beginning of the sentence, "Because of time constraints. On call for the question, the motion carried unanimously, with Councilman Sargent abstaining from the vote on the May 2, 1989, meeting. VII FINANCE 1. Consideration of Bid Award for Tractor /Mower for Street Division Councilman Sargent moved to concur with the recommendation of the Public Works Department to award the bid to Coastline Ford, Inc., of Everett, Washington, for their bid of a demonstrator tractor and brush cutter unit in 1348 CITY COUNCIL MEETING May 16, 1989 the amount of $38,721.76; and further to accept the $4,000 offer from the Port of Port Angeles for Unit No. 1503. Councilman Hallett seconded. Following a short discussion, the question was called and the motion carried unanimously. 2. Consideration of Bid Award for Materials for Water /Sewer Utility Councilman Hallett moved to concur with the recommendation of the Public Works Department to reject the bids for Schedule 1 and direct the Public Works Department to revise the specifications and rebid this schedule and award the bids to the lowest responsive bidders for Schedules 2, 3 and 4, as follows: Schedule 2, Fire Hydrants, to Pacific Water Works Supply, Inc., in the amount of $4,808; Schedule 3, Water /Sewer Pipe and Fittings, to Familian N.W. in the amount of $40,550.96; and Schedule 4, Instatite Fittings, to Western Utilities Supply Co. in the amount of $2,810. Councilman Sargent seconded. Following a brief discussion, the question was called and the motion carried unanimously. 3. Consideration of Bid Award for Traffic Signal Bids Councilman Sargent moved to concur with the recommendation of the Public Works Department to accept the bid from Signal Electric, Inc., of $247,100 and that a contract be issued for the Lincoln Street and First /Front and Race Signals project; to authorize the Mayor to sign the contract with Signal Electric. Councilman Gabriel seconded. Discussion of the issue followed. Councilman Sargent did note that 80% of the project would be matching funds from the Urban Arterial Trust Account. The question was called and the motion carried. 4. Request for Payment to Riddell. Williams of S759.45 for Legal Rearesentation on WPPSS Issues Councilman Hordyk moved to authorize the payment of the April, 1989, Riddell, Williams bills in the total amount of $759.45 for legal repre- sentation on WPPSS issues. Councilman Gabriel seconded and the motion carried. VIII CONSENT AGENDA Councilman Hordyk moved to accept the items as listed on the Consent Agenda, including: (1) Request permission to call for bids for substation circuit breakers; (2) Correspondence from Washington Liquor Control Board; (3) Vouchers of $1,261,050.54; and (4) Payroll of 4 -30 -89 of $235,967.88; and to concur with the recommendation of the City Clerk to authorize staff to write a letter of objection to the Washington State Liquor Control Board, requesting that the liquor license for Lover's Landing be denied until such time as gambling taxes are paid by Mr. Love and that a hearing be held prior to final action. Councilman Hallett seconded. Councilman Sargent commented on Item 1, the Request Permission to Call for Bids for Substation Circuit Breakers. She stated she felt this was a very important item which needed to be taken care of. On call for the question, the motion carried unanimously. IX ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA Edna Zimmerer, 131 West Second Street, requested the Council allow her to speak on an "appearance of fairness" conflict which may lead to legal entanglements. Mayor McPhee placed the issue as Item 14 on the Council Agenda. Hattie Berglund, 1834 West Seventh Street, voiced her concern over the unsightly impact of the siltation fence which has been placed on the Cronauer property at the foot of Francis Street. She requested the Council place a time frame which would direct Mr. Cronauer to complete the items as previously requested by the Council. She also pointed out the retaining wall at Cedar Street, owned by Mr. Cronauer, is cracking and this needed to -2- regarding the City's Centennial. X LEGISLATION 1. Presentation of Yard of the Month Awards May. 1989 2. Presentations A. Terry Gallagher Officer of the Year 3. Public Hearings -3- 1349 CITY COUNCIL MEETING May 16, 1989 be corrected. She also directed Council's attention to the land directly behind the wall, which is sloughing down the hillside. Mayor McPhee requested that Manager Flodstrom provide the Council with a response to the issues brought forth by Mrs. Berglund. Larry Leonard, 1030 Olympus Avenue, asked to speak on Item 5 regarding the Council appointment. Councilman Sargent noted that the Eighth Street bridges will be closed Wednesday, May 17th, and Thursday, May 18th, from 6 A.M. to 4 P.M. for construction projects. Councilman Hordyk requested an Item 15 be added to the Council Agenda, Mayor McPhee presented the following awards for the Yard of the Month winners for May, 1989: Section #1, Gene Kris Larson, 809 Juma Court; Section #2, William Gray, 228 East Lauridsen; At large, Edith Baldwin, 309 Forest; Section #3, Pete Becky Hanna, 307 East 13th; At large, Dwight Linda Waknitz, 222 West 10th; Section #4, Lawrence Dorothy Fraser, 419 South Ennis; Neighborhood: Alta Long, 310 North Ennis, and Floyd Last, 312 North Ennis. Chief of Police Cleland spoke regarding the award to be presented to Officer Gallagher. He stated part of the reason the award is being presented to Officer Gallagher is because the Council took a chance with a full -time Police Officer in promoting the D.A.R.E. Program Drug Abuse Resistance Education. The award is sponsored by The Peninsula Daily News and is presented to an officer in Clallam or Jefferson County who has served the community in an outstanding way. Frank Duccheschi, Editor, Peninsula Daily News, presented the award to Officer Gallagher. John Pope, Superintendent of Schools, spoke on behalf of the Port Angeles School District, expressing their sincere appreciation to the City Council, the Chief of Police, and to Officer Gallagher for providing the program. to the schools; and also through personal observations, he found Officer Gallagher to be very caring with the children with whom he works. Officer Gallagher, in an emotional statement, said this award means a great deal to him. B. Mike Brown Super Good Cents Representative K Mayor McPhee presented Mike Brown with the Super Good Cents award. Mr. Brown has been named 1988 Super Good Cents Representative of the year for the Puget Sound Area by the Bonneville Power Administration. The certificate presented stated that Mike's enthusiasm, technical knowledge, and hard work has heightened the awareness of Super Good Cents in his community. He is a positive asset and a true inspiration to the Super Good Cents Program. A. Zoning Code Amendment ZCA- 88(12)6 Adult Entertainment Attorney Knutson provided the Council with the background on the proposed Zoning Code Amendment dealing with adult entertainment establishments. Mayor McPhee opened the public hearing at 7:48 P.M. There being no public comment, he then closed the public hearing at 7:49 P.M. and read the Ordinance by title, entitled 1350 CITY COUNCIL MEETING May 16, 1989 ORDINANCE NO. 2531 AN ORDINANCE of the City of Port Angeles, Washington, regulating the location and operation of adult entertainment businesses, requiring a conditional use permit, and establishing a new Chapter, 17.67, of the City Zoning Code. Councilman Hordyk moved to adopt the Ordinance as read by title. Councilman Hallett seconded. In response to a question posed by Mayor McPhee regarding the waiver provision, Attorney Knutson stated the provision does strengthen the Ordinance as the 1,000 -foot limitation could be fairly restrictive. Including the waiver provision avoids a difficult legal argument in which the City may have to overcome prohibiting this type of establishment, which legally and constitutionally, the City cannot do. Following a discussion regarding the signatures of owners and residents required on the waiver provisions, Councilman Hordyk amended his motion to add to Section 17.67.050, subsection (7)(d)(i), the wording "and residents" so the Section would read: "By presenting evidence of consent to the location of the adult entertainment business within the 1,000 foot area by at least 51% of the owners and residents of property within the 1,000 -foot area as evidence by the notarized signatures of such owners and residents; Councilman Hallett concurred. On call for the question, the motion carried unanimously. Adult Entertainment Ordinance Re: Business Licenses Mayor McPhee read the ordinance by title, entitled ORDINANCE NO. 2532 AN ORDINANCE of the City of Port Angeles, Washington, requiring a business license for the management and operation of adult entertainment businesses and estab- lishing a new Chapter 5.05 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title. Councilman Sargent seconded and the motion carried unanimously. B. ZoninE Code Amendment ZCA- 89(04)2 Rental Vehicles in CBD (Central Business District) Mayor McPhee opened the public hearing at 7:54 P.M. There being no public comment, he then closed the public hearing at 7:55 P.M. He then read the Ordinance by title, entitled ORDINANCE NO. 2533 sit AN ORDINANCE of the City of Port Angeles allowing vehicular rental services in the Central Business District, and amending Section 1 or Ordinance 2303. Councilman Sargent moved to adopt the Ordinance as read by title and to direct Staff to publish the Ordinance by summary. Councilman Gabriel seconded. Councilman Hallett thanked the Planning Department for moving quickly on this issue and seeing that due process was followed. On call for the question, the motion carried. C. ZoninE Code Amendment ZCA- 89(04)3 Bed Breakfasts in CSD -C1 (Community Shouuine Districts) Mayor McPhee opened the public hearing at 7:56 P.M. There being no public comment, he then closed the public hearing at 7:57 P.M. He then read the -4- Ordinance by title, entitled ORDINANCE NO. 2534 AN ORDINANCE of the City of Port Angeles allowing Bed and Breakfast Establishments by Conditional Use Permits in the CSD -C1, Community Shopping District, and amending Section 1, Ordinance 2483, and Article IV, Section 7, of Ordinance No. 1709. 1351 CITY COUNCIL MEETING May 16, 1989 Councilman Sargent moved to adopt the Ordinance as read by title and to direct staff to publish the Ordinance by summary. Councilman Gabriel seconded. Councilman Hordyk was opposed to the Ordinance, stating residential multi- family units should be under the RMF Zones and not allowed in the CSD -C1. Following a discussion of the issue, the question was called and the motion carried, with Councilman Hordyk voting "No D. Zonine Code Amendment ZCA- 89(04)4 Amendment to Retail Stand Chapter of Zoning Code Mayor McPhee opened the public hearing at 8:00 P.M. There being no public comment, he then closed the public hearing at 8:01 P.M. He then read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles amending Section 1, Ordinance No. 2070, pertaining to outside utility hook -ups for Retail Stands. Councilman Sargent moved to adopt the Ordinance as read by title and to direct staff to publish by summary. Councilman Hallett seconded. Councilman Hordyk voiced his concern over the requirement of the hook -up being hard wired. He felt there was a conflict between the language and the use of the cart. Following a discussion of the interpretation, it was Councilman Hallett's opinion that the wording provides sufficient detail to approve the Ordinance as it is written. Councilman Hordyk and Mayor McPhee stated the wording was contradictory. Following discussion regarding the confusion over the wording, and the need to clarify the language in the Ordinance, Councilman Hordyk moved to table the issue until the Council receives clarification from the City Attorney as to the wording of the Ordinance. Councilman Lemon seconded. The motion carried with Councilman Hallett voting "No K Councilman Gabriel moved to continue the public hearing regarding the Zoning Code Amendment to the Retail Stand Chapter of the Zoning Code to the June 6, 1989, City Council meeting. Councilman Lemon seconded and the motion carried. E. Zonine Code Amendment ZCA 89(04)1 Housing Density for Publicly Assisted Senior Housing Developments in RMF (Residential Multi Family District) Mayor McPhee opened the public hearing at 8:08 P.M. Dennis Alwine, of Alwine Properties, 519 South Peabody Street, stated he concurred with the recommendation of the Planning Commission and that he and the applicants are available for questions. Mayor McPhee then closed the public hearing at 8:09 P.M. Mayor McPhee read the Ordinance by title, entitled -5- 1352 CITY COUNCIL MEETING May 16, 1989 ORDINANCE NO. 2535 AN ORDINANCE of the City of Port Angeles providing for the increased density in the RMF, Residential Multi- Family Districts, and amending Article IV, Section 3, of Ordinance No. 1709. Councilman Lemon moved to adopt the Ordinance as read by title, and to direct staff to publish by summary. Councilman Hordyk seconded. Councilman Hallett asked whether the Ordinance applies only to publicly subsidized senior housing and what is the definition of "senior housing Planner Miller stated it applies only to publicly funded senior housing and the definition is for people of 62 years or older and their immediate family members. On call for the question, the motion carried unanimously. F. Street Vacation Request STV- 89(02)1 Priest /Zieler /Quinn Portion of Alder Street and Front /First Allevwav Mayor McPhee opened the public hearing at 8:12 P.M. Lorraine Ross, 418 East Front Street, asked what portion of Alder Street is being vacated. Planner Miller stated it is the portion east of the existing Alder Street alleyway from Alder to the Ravine behind the Bushwacker restaurant. Councilman Sargent stated the Real Estate Committee had met and recommended the compensation be set at $3,550, which is 50% of the appraised value. Mayor McPhee closed the public hearing at 8:14 P.M. He then read the Ordinance by title, entitled ORDINANCE NO. 2536 -A AN ORDINANCE of the City of Port Angeles vacating a portion of Alder Street and alley in Block 133, Thomas W. Carter's Subdivision. Councilman Sargent moved to adopt the Ordinance as read by title, setting the compensation at $3,550, and to direct staff to publish the Ordinance by summary. Councilman Hordyk seconded. On call for the question, the motion carried unanimously. G. Street Vacation Request STV- 89(02)2 Terminal Land Co. Portion of Victoria /Caroline Allevwav Mayor McPhee opened the public hearing at 8:18 P.M. Paul Cronauer, 303 Tumwater, stated per the request of the Council, he has set the foundation for an Environmental Impact Assessment and in the process discovered that in order for the project to be viable, the vacation of the Victoria /Caroline alley will be required. He said the cost to do an EIA as requested would be between $25,000 and $100,000. He requested the alley be vacated because of the following reasons: (1) It adjoins the already vacated alley and continues and adjoins a previous Council action for vacation; (2) It allows the property to be viably developed; (3) It allows future enhancement of City tax base by allowing buildable parcels; (4) It will lead to the upgrade of Francis Street and public access to the water- front; and (5) Denial would put a severe financial burden on the owner of the property. In closing, he stated he has cooperated and complied with the previous actions of the Council and under the direction of Public Works has removed the fill from Victoria Street, as well as the seeding of Francis and Victoria Streets and the preparation of Lots 5 through 11 for seeding and erosion control which will commence fairly shortly. Councilman Gabriel asked Mr. Cronauer how he determined the figures regarding the EIA cost. Mr. Cronauer replied Northwestern Territories, Inc., and Louie Torres, local consulting firms had provided the figures. -6- 1353 CITY COUNCIL MEETING May 16, 1989 Ann Madsen, 811 Caroline, stated she is the property owner adjacent to the requested street vacation and also pointed out the alleyway has not been vacated. She voiced her concern over the potential problems regarding the sewer lines under the alley, possible concerns for fire protection, and the past record of the applicant, stating that Mr. Cronauer has not completed the direction of the City Council requirements. She asked if sprinkler systems were to be installed in the housing development, and whose respon- sibility would it be to maintain those sprinklers? She also provided the Council with pictures of the area. Jewell VanOss, 1019 East Fourth Street, asked the Council what public benefit will be derived from the street vacation. She noted the Environ- mental Impact Assessment has not been done and strongly objected to the City providing anything to the applicant until he complies with the requirements the City has already imposed. Mr. Cronauer again addressed the Council and asked Director of Public Works Pittis to address the sewer issue. Director of Public Works Pittis stated the plans for sewering the area would have to be a force main pumping from the structures and the sewer line could be placed on private or public property. Mr. Cronauer addressed the question of fire protection. The recommendation of the Fire Department was to have a fire hydrant within 600 feet or sprinkler the houses. He stated he has done the work as directed by the City Council. Fire Marshal Becker stated the Fire Department will have access to the area. Mr. Cronauer has agreed to the availability of an access road. The homes will be sprinklered in lieu of an approved turn around or a hydrobeam within 500 feet. There being no further comment, Mayor McPhee closed the public hearing at 8:33 P.M. Following a discussion regarding the need for the Environmental Impact Assessment and the cost of such a document, Councilman Hallett moved to concur with the recommendation of the Planning Commission to deny the street vacation request for the Victoria /Caroline alleyway because the Environ- mental Impact Assessment, as requested by Council, has not been submitted, and the impacts of a street vacation request for the Caroline/Victoria alley right -of -way cannot be clearly assessed prior to the EIA being reviewed. Councilman Sargent seconded and the motion carried unanimously. H. Declaration of Surplus Property One 5MVA 69KV:4160/2400 Volt Substation Power Transformer Mayor McPhee opened the public hearing at 8:40 P.M. There being no public comment, he then closed the public hearing. Councilman Hordyk moved that the Council declare surplus one 5MVA 69KV:4160/2400 Volt Substation Transformer. Councilman Lemon seconded and the motion carried unanimously. K I. Consideration of Resolution for Abatement of Public Nuisance Staff provided the Council with a revised listing of Exhibit "A Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 12 -89 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. He then opened the public hearing at 8:42 P.M. Dennis Alwine, 519 South Peabody, asked if City property is subject to the same criteria. Mayor McPhee replied in the affirmative. -7- 1354 CITY COUNCIL MEETING May 16, 1989 BREAK There being no further comment, Mayor McPhee closed the public hearing at 8:43 P.M. Councilman Sargent moved to pass the Resolution as read by title. Coun- cilman Hallett seconded. Councilman Lemon offered an amendment to eliminate Items 351 and 352 from Exhibit "A as he did not believe they constituted a public nuisance as there was no fire or traffic hazards. The amendment died for lack of a second. Councilman Hordyk stated he felt Item 351 and 352 were fire hazards because of the long grass. On call for the question, the motion carried unanimously. Mayor McPhee recessed the meeting for a break at 8:45 P.M. The meeting reconvened at 9:00 P.M. Mayor McPhee brought to the attention of the Council and the public that the City has a very active Senior Center and it is a very necessary service in our community. Each of the Councilmembers was presented with roses in appreciation of the work the Council has done for the Senior Center, and he thanked the members of the Senior Center. 4. Planning Commission Minutes of May 3rd and May 10. 1989 A. Downtown Sign Code Revision CBD. Central Business District Councilman Sargent moved to set a public hearing for the June 6, 1989, City Council meeting, to discuss the proposed amendment to the Downtown Sign Code. Councilman Hallett seconded. Mayor McPhee stated he finds the proposed revisions as continuing something that is much more complex than is necessary, and he suggested the process could be made much simpler by allowing the applicant for a sign permit to get the neighbor on each side to agree with the placement and size of the sign, as well as the concurrence of a representative of the Downtown Asso- ciation, with the right of appeal to the Planning Commission or the City Council. Councilman Hallett felt it was important to point out that the proposed ordinance is the result of many months on the part of the business owners themselves and that the Planning Commission has unanimously approved it. Councilman Sargent stated she has served on this Committee and the proposed ordinance addresses issues not previously addressed by the current Ordi- nance On call for the question, the motion carried unanimously. B. Conditional Use Hearing CUP 89(05)8.*- Campbell Reauest to Locate a Social Club /Organization in the CSD -C2. Community Shopping District Councilman Hallett moved to set a public hearing for the June 14, 1989, Planning Commission meeting to consider clubs and fraternal organizations as conditional uses in the CSD -C2 and Cl Districts. Councilman Lemon seconded and the motion carried unanimously. C. Conditional Use Hearing CUP 89(05)9 McCurdy Reauest to Establish a Commercial Parking Lot in the CSD -C1. Community Shopping District Councilman Hallett moved to concur with the recommendation of the Planning Commission to approve the Conditional Use Permit to build a metallic, three car commercial parking garage in the CSD -Cl District, subject to the following conditions: (1) The proposed commercial parking structure shall meet all Fire Code regulations of the Port Angeles Fire Department; (2) The commercial parking garage shall be placed in such a way to allow vehicles to turn around on the subject property prior to accessing the alleyway from -8- 1355 CITY COUNCIL MEETING May 16, 1989 these conditionally approved parking stalls; (3) Improvements to the parking spaces shall comply with the Parking Ordinance No. 1588, as amended; (4) Two off street parking spaces shall be provided for the non conforming residen- tial structure, in conformance with the Port Angeles Parking Ordinance No. 1588, as amended; and citing the following findings: (A) Design review of the project required by this permit will reduce the potential impacts of the proposed structure to insignificant levels; (B) This use has been condi- tioned to ensure that it shall not be detrimental to the traffic utilizing the 8/9 alleyway, and as conditioned, is in compliance with the CSD -C1 Chapter of the Zoning Ordinance and the City's Parking Ordinance No. 1588, as amended; (C) This use has been conditioned to ensure that it shall not be detrimental to the health, safety, and welfare of the general public. Council Sargent seconded and the motion carried. D. Acceptance of Minutes Councilman Sargent moved to accept and place on file the May 3rd and May 10, 1989, Planning Commission minutes. Councilman Hordyk seconded and the motion carried unanimously. 5. Consideration of Appointment to Fill Council Vacancy Larry Leonard, 1030 Olympus, asked if the Council had only interviewed three candidates this evening. Mayor McPhee stated that was true; they had only interviewed three tonight; however, they had previously interviewed several candidates. Mr. Leonard stated that was for the prior appointment, when Mr. Hordyk was appointed to the Council. Mayor McPhee stated yes. Mr. Leonard asked Councilman Hordyk if in fact he had reviewed the tapes of the inter- views of the other seven candidates. Councilman Hordyk responded, some of them. Councilman Hordyk stated to Mr. Leonard that this is not a public hearing and he felt the question was out of order. Mr. Leonard stated if in fact Councilman Hordyk has not listened to all the interviews, he requested, under the appearance of fairness doctrine, that Councilman Hordyk step down from voting on the issue because he had not given a fair consideration to all the candidates. Mayor McPhee asked Attorney Knutson about the application of the appearance of fairness doctrine. Attorney Knutson stated it is not applicable, as this is not a quasi judicial issue. Mayor McPhee and Councilman Hallett discussed the merits of public versus private interviews of candidates. Mayor McPhee directed Clerk Maike to poll the Council for the appointment to the Council vacancy. Ballot One: Councilmen Gabriel, Hallett, and Sargent voted for Prosper Ostrowski. Councilmen Hordyk, Lemon, and Mayor McPhee voted for Sam Haguewood. Due to the tie vote, Councilman Sargent requested the Council be polled again and urged the Council to try to find a name for whom four members could vote. Councilman Hordyk suggested for the sake of peace and harmony, the Council be polled one more time and then possibly set a special meeting. Following discussion, Mayor McPhee directed Clerk Maike to poll the Council. Ballot Two: Councilmen Gabriel, Hallett, and Sargent voted for Larry Nicholson. Councilmen Hordyk, Lemon, and Mayor McPhee voted for Sam Haguewood. Councilman Hordyk moved to table the issue until a special meeting to be held on Tuesday, May 23, 1989, at 6:00 P.M. Councilman Lemon seconded and the motion carried, with Councilman Hallett voting "No -9- 1356 CITY COUNCIL MEETING May 16, 1989 6. Continuation of Discussion of Lincoln Landing (From Special Meeting of May 9. 1989) Mayor McPhee stated it was his suggestion at the May 9th meeting that the Council allow up to $2,000 for real estate consultants to study the matter of The Lincoln Landing to determine a value of the building. He stated it is not and was not his intention the City should become a landlord and the Library has a need of a new facility. He surmised this may satisfy that need. He again asked the Council to consider his suggestion. He pointed out that $2,000 is approximately one -tenth of one percent of the value of the property and the City many times has allocated much larger sums for consultants. Councilman Lemon moved to authorize a contract in the amount of $2,000 to analyze the question of The Lincoln Landing. Councilman Hordyk seconded for discussion. Councilman Gabriel stated he felt it was completely inappropriate City to get involved in this issue in any way and if given time, the Landing could become a viable project. Councilman Hallett concurred, as he felt this was a matter for enterprise. He stated the Council should allow the marketplace to own course and to not unreasonably withhold consent. Councilman Sargent agreed with the comments of Councilmen Hallett and Gabriel. She felt the only way the City would be sure of getting its money would be to allow the partners to get the additional loan from the bank and she did not approve of the City spending any more money. Councilman Hordyk stated he seconded the motion for the sake of discussion; that he has been opposed to the project since the beginning. His basic reasoning is that he did not feel government should subsidize private enterprise. The City of Port Angeles should not be a landlord. On call for the question, the motion failed, with Mayor McPhee and Council- man Lemon voting "Aye 7. Consideration of Agreement for Operation of Downtown Parking Lot Councilman Hordyk moved to authorize the Mayor to sign the agreement with Budget Rent -A -Car to operate the Downtown parking lot. Councilman Sargent seconded. Councilman Hordyk stated he has been asked on several occasions why the City would allow Budget Rent -A -Car to operate this parking lot, stating the newest edition of the City Information Bulletin will have an article covering this issue. Following a short discussion, the question was called and the motion carried unanimously. 8. Discussion of 4th of July Fireworks Councilman Sargent commented on the issue of fireworks, stating she has been concerned for the following reasons: (1) The major disaster which the City experienced on July 4, 1988, with the destruction of the Moose Lodge, and the cost of damage exceeding $200,000; (2) Injuries which occur due to mis- information or lack of expertise, or just plain carelessness in handling even so- called "safe" fireworks; (3) The 4th of July fireworks has expanded to a week or more; (4) The concern that many citizens have for pets and lack of sleep during this extended period due to the setting off of fireworks. She asked that Fire Marshal Becker apprise the Council of the situation. Fire Marshal Becker shared with the Council regarding accidents and injuries involving limited use of fireworks to July 4th only. fireworks. In 1987 there were 7, and in result from carelessness and mismanaging of an issue that needed to be addressed for citizens of the City of Port Angeles. for the Lincoln private run its some of the stories he has heard fireworks. He recommended the In 1986, 12 fires resulted from 1988 there were 12. Injuries the fireworks. He felt this was the safety and welfare of the 1357 CITY COUNCIL MEETING May 16, 1989 In answer to a question posed by Councilman Hallett as to how he would like to address this issue, Fire Marshal Becker stated an education program; the use be limited to July 4th; to restrict those types of fireworks which go up and blow up to be discharged on Ediz Hook, only and the confiscation of illegal or legal fireworks if used before July 4th. He stated if the Council should choose to take action with an ordinance, by law, that ordinance could not go into effect until one year after adoption. Councilman Sargent moved that the City of Port Angeles support and encourage the public display of fireworks by trained, licensed, experts which is being planned by the Chamber of Commerce, up to an amount of $1,000; that this display be on a barge in Port Angeles Harbor, which will fulfill and satisfy the public's desire for aerial shows. Further, that the City Attorney prepare an ordinance for Council's consideration to limit the discharging of fireworks to the 4th of July only, to minimize noise and emergency activity to one day, between the hours of 9 A.M. and 11 P.M.; also to include the prohibition of any fireworks which go up or blow up, except on Ediz Hook. This ordinance could be enforced for July 4, 1990. Councilman Hallett seconded. Councilman Sargent, in elaborating on the idea of making a contribution, said she felt this was a statement the City needed to make to encourage people to contribute to the Chamber of Commerce fireworks display. Councilman Lemon expressed his concern, stating this was a complex issue and if the City should begin regulating those types of fireworks which go up and blow up, he saw this as a very expensive venture with the police power needed and necessary manpower for the clean -up. He also questioned how the City would enforce the law, as opposed to the limitation of what goes up and blows up to being on Ediz Hook only. Following discussion of the enforcement action to be taken, the question was called and the motion carried, with Councilman Lemon voting "No 9. Request Acceptance and Final Payment to Cedar Ridee Construction for 8th Street Bridees Repair Councilman Sargent moved to concur with the recommendation of the Public Works Department to approve and accept the work performed, authorize final payment in the amount of $3,792.87 to Cedar Ridge Construction, and auth- orize release of retainage in the amount of $1,143.12 after the 30 -day lien file period has elapsed, and releases have been received from the Depart- ments of Revenue and Labor Industries. Councilman Hallett seconded and the motion carried unanimously. 10. Consideration of Senior Center Board Recommendation to File Vacancy on that Board (Resienation of Joan Sargent) Councilman Hallett moved to concur with the recommendation of the Board of Directors of the Port Angeles Senior Center to appoint Doug McLeod to fill the unexpired term of Joan Sargent on the Senior Center Board, whose term is to expire March, 1991. Councilman Gabriel seconded and the motion carried. Councilman Hallett requested staff write a letter -of thanks to Mrs. Sargent for her service on the Board. 11. Consideration of Civil Service Interview Board for Firefighter/ Paramedic Councilman Hallett moved the Council appoint Sandra Asbe, Howard Scott, and Eric Gall as the representatives on the interview board for Firefighter/ Paramedic. Councilman Lemon seconded and the motion carried unanimously. It now being close to 10:00 P.M., Councilman Hallett moved to continue with the Agenda. Councilman Sargent seconded and the motion carried. 12. Consideration of Recvcline Committee Recommendation The issue is, should the City pursue the option of construction of a separation and recycle facility at the Landfill as opposed to continued burial of refuse. It is the recommendation of the Citizens' Recycle Committee that the City proceed with the Council's recycling goal by calling for proposals from the private sector for construction and operation of a 1358 CITY COUNCIL MEETING May 16, 1989 destination separation and recycle facility at the Landfill and at the same time, apply to the Department of Ecology for a grant for the City to construct and operate the same type of facility at the Landfill. Councilman Sargent spoke on behalf of the Recycle Committee, stating they have had two private firms who have indicated interest in demonstrating their proposals to process the City garbage, thereby removing 70% to 80% from the waste stream by recycling, etc. Councilman Sargent moved to adopt the recommendations of the Citizens' Recycle Committee. Councilman Hallett seconded and the motion carried. The Council then discussed the option on how the City should handle the brush and lumber brought to the Landfill by citizens and the recommendations made by the Citizens' Recycle Committee. Councilman Sargent offered a motion, stating this will be moving toward the Council's goal of recycling 50% of the refuse. She then moved the Council concur with the recommendation of the Recycle Committee to (1) Purchase a chipper capable of providing chipping service at the curb to individuals as well as to chip material at the Landfill; (2) to purchase a multi purpose vehicle for towing the chipper for collection and chipping of material at the curbside; (3) that the material to be chipped at the Landfill and the material collected and chipped at curbside be combined with material from the Sewage Treatment Plant to make compost at the Landfill as soon as all regulatory hurdles are overcome; (4) that the compost generated be made available to all City Departments having a need for such material, at a reasonable charge; (5) that any composted material or materials remaining over and above the needs of the City be made available to any resident of the City at a reasonable charge; (6) investigate the possibility of other uses for the vehicles to be purchased, such as special collection service during Clean -Up Week, special collection needs of regular customers, care centers, multi -unit dwellings, commercial applications, etc., and the senior collection route; (7) that one employee be hired for the immediate imple- mentation of the curbside chipping and collection project; (8) funding for the capital expenditures be taken from the available Solid Waste Utility cash reserves and operational costs be made a cost component of the resi- dential and commercial cost of service study that the Utility performs annually. Councilman Hallett seconded the motion. Councilman Sargent noted that the cost of the project would be offset in part by the savings that will be experienced at the Landfill by eliminating about four cubic yards of landfill space per day, and that the estimated net cost would $4,871 per year to provide chipping and curbside collection of material. Councilman Gabriel stated he felt the proposal for the chipper was a neces- sary item the Council needed to consider; however, he was not comfortable with the outright approval of the remainder of the recommendations, stating some H of these items should be referred to the Utility Advisory Committee. Councilman Lemon discussed with Director of Public Works Pittis the prac- ticability or possibility of stockpiling the chipping materials. Director Pittis also noted that the Department has submitted a request for a six month extension of the burn permit to the Olympic Air Pollution Control Authority, which has been received and the response has been that although six months' extension is a little long, if the City were to provide a schedule on how to address the materials, they may in fact authorize the extension. Councilman Hallett stated he was very pleased with the recommendations of the Recycle Committee and the work they have done on this issue, suggesting the Council approve the motion to enable staff to begin the process and also to bring the item to the UAC to be explored in more detail and have those recommendations come back to the Council with a more concrete idea and figures. In response to a question from Councilman Hallett, Director of Public Works Pittis stated it would be approximately six weeks before staff would be able to bring information back to the Council regarding the bid results and further analysis. -12- On call for the question, the motion carried unanimously. 14. League of Women Voters Regarding an Appearance of Fairness -13- 1359 CITY COUNCIL MEETING May 16, 1989 Councilman Lemon voiced shock over the proposal, stating this is the tip of the iceberg and the figures quoted are only the initial cost involved in getting this project started. He stated he felt it should be looked into extensively and offered to private enterprise. He did not feel the City should be involved in this venture. Councilman Hordyk concurred, stating when staff reviews this issue they should explore contract labor. Additionally, he stated there should be a set of guidelines regarding the operation and a set of rules needs to be in place. Councilman Lemon requested staff provide him with total cost regarding the implementation of this project. Following a lengthy discussion regarding the exploration of the project in terms of cost, time, and other options the City may explore, it was the direction of the Council that staff explore further the cost involved prior to any commitment by the Council to spend money on the project. 13. Consideration of UAC Recommendations on Telecable Discussions and Regulations The issue before the Council was whether the City should pursue the issue of returning to a regulatory authority over Telecable services and rates. Councilman Hallett moved to concur with the Utility Advisory Committee recommendations, as follows: (1) The annual report information submitted was incomplete in several areas. More information is requested in Items A, H, I, L, and M; (2) If Telecable does establish a service of just the basic channels (2 through 13) that this initial cost would be $11.95 per month; (3) that all future rate increases (during the life of the franchise) be determined by referencing inflationary indicators or indexes (such as the Consumer Price Index). Once rates are to be adjusted, they would not exceed a maximum amount for any one adjustment; (4) Telecable should commit to a period of time during which rate review could occur but no rate increases would be put into effect. It is suggested that this period would be a minimum of 2 or 3 years; (5) The company's decision to eliminate the Senior Citizen Discount would be unfortunate. The City believes that Senior Citizen discounts should be a separate issue from monthly rates. The Company should establish its rates and then make a social or philosophical decision about the needs of the community's Senior Citizens; (6) The UAC feels that the issue of the Telephone Company being able to enter the cable TV field may create some much needed competition for systems such as we have in Port Angeles. Therefore, the UAC supports letters to our congressional delegation supporting proposed legislation; (7) Telecable should provide a schedule for system improvements and related service enhancements available due to the improvements (i.e., increasing the system's capability to 330 MKZ and beyond); (8) The customers of Port Angeles Telecable should have some say in which channels they receive and pay for. Therefore, it is suggested that future service expansion be provided to only those requesting the service and willing to pay for the expanded service. Under the current system, many customers are receiving channels which *they do not want. These channels cannot be separated from others that they do want and are happy about paying for; (9) Lastly, the UAC felt that Northland had misled the Council and their customers on the last rate increase, and that little was being done by Northland to rectify this or restore their credibility within the community; and that the Council take the appropriate actions as addressed by the nine items. Councilman Lemon seconded and the motion carried unanimously. Edna Zimmerer, Voters Services Chair of the League of Women Voters, read to the Council the letter submitted, outlining concerns of the League of Women Voters regarding possible conflict of interest and an appearance of fairness between Mayor McPhee and Councilman Lemon. The letter states in part that the issue was brought to the public attention in an article in the Peninsula Daily News in which the purchase of Mayor McPhee's Port Townsend store was being made by Councilman Lemon. The letter questioned the terms of the relationship between Mayor McPhee and Councilman Lemon, asking whether they are employer /employee or buyer /seller relationships, and if so, the 1360 CITY COUNCIL MEETING May 16, 1989 relationship may, in certain instances, violate the well established appearance of fairness doctrine. The letter outlined several Washington Supreme Court decisions based upon that doctrine. In closing, the letter stated the League does not know the precise nature of the relationship between Mayor McPhee and Councilman Lemon; however, they are concerned that any quasi judicial actions taken by the City Council while Mayor McPhee and Councilman Lemon were (are) employer /employee or buyer /seller would be vulnerable to legal challenge on the appearance of fairness grounds. This in turn increases the cost of government. Until the relationship is clarified, one or the other should excuse himself from deliberation or consideration of land use, zoning, or other quasi judicial matters, to avoid any implication of the appearance of fairness doctrine. Such situation clearly hampers effective government. They enclosed for the Council's information copies of cases cited. In rebuttal to the letter, Mayor McPhee stated he found it interesting that the organization should question an issue which is not illegal, not patently illegal, while ignoring another matter which appears to be patently illegal and he indicated he hoped the League would be pursuing that matter. He assured Mrs. Zimmerer that there were no influential concerns. Councilman Lemon voiced his concern, stating he was not aware of the article until after he read it. He was not aware he would be linked up to another Councilman and he stated he felt he was railroaded on this issue. In answering the question regarding the sale, he stated it has not yet closed and he is in fact running the store. If he had in fact felt there was any problem with this, he stated he would have contacted the City Attorney, stating he was shocked by the letter of the League when the City does have a Councilman who is in violation of the law, and yet that issue has not been brought forth. Mayor McPhee stated he does not agree with the conclusions, stating the City is dealing with two honorable people who are independent in their decisions. Following a short discussion, Ms. Zimmerer stated the Council needs to consider the issue, and the interest of the League is open and fair government and it is their duty to apprise the public of the situation and warn the Council of the possibility of litigation. 15. City of Port Anweles Centennial Councilman Hordyk requested the Council consider funding promotional projects for the City's Centennial scheduled for June of 1990, stating this should be recognized and a committee be set up. Following a discussion of the issue, Councilman Hallett suggested that details be written, outlining how funds should be expended. Councilman Hordyk stated a design should be established and promotion on the issue should begin in the fall. He stated he would bring a proposal to the Council at the June 6th meeting for their consideration. XI CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Manager Flodstrom pointed out to the Council that -the Community Memorial is in place and also that the applications for City Planner have closed. Councilman Sargent reminded the Council of the town meeting scheduled for May 23rd at 7:00 P.M. on youth topics. XII ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to executive session at 10:36 P.M. for the discussion of one item of litigation. Approximate time, 15 minutes. XIII RETURN TO OPEN SESSION The meeting returned to open session at 10:59 P.M. XIV ADJOURNMENT CC.78 The meeting adjourned at 11:00 P.M. Clerk Mayor 1361 CITY COUNCIL MEETING May 16, 1989