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HomeMy WebLinkAboutMinutes 06/21/19881042 I CALL TO ORDER SPECIAL MEETING Mayor McPhee called the special meeting to order at 5:36 P.M. The purpose of this meeting was to conduct interviews. II INTERVIEWS WITH CANDIDATES FOR TWO POSITIONS ON THE UTILITY ADVISORY COMMITTEE AND PORT ANGELES POSITION ON CLALLAM COUNTY FAIR BOARD The Interviewees for Utility Advisory Committee: John Hordyk, Ken Schermer, Sam Boddy, Jr., Norman Brooks, Jeff Rosbach, Carl Alexander, Jr., and H. Duane Wright. Those interviewed for the Clallam County Fair Board: Christopher Martin, Mavis Rosbach; not present, Robert Boyd. III CALL TO ORDER REGULAR MEETING Mayor McPhee called the regular meeting to order at 7:06 P.M. IV PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Kathy Monds' Bluebird Group; members Lisa LeVeaux, Sarah Hines, Jessie Monds. V ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, Sargent, Stamon. Members Absent: None. Staff Present: CITY COUNCIL MEETING Port Angeles, Washington June 21, 1988 Manager Flodstrom, Attorney Knutson, Clerk Maike, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, K. Ridout, B. Coons. Public Present: C. Martin, Mr. Mrs. C. Alexander, R. French, D. Edgmom, L. Lee, J. Ulsky, R. Schneider, S. Bonne, J. Noonan, E. Hansen, H. Berglund, S. Johnson, W. Quast, E. Knight, P. Western, M. Lock, P. McCauly, J. VanOss, D. Quast. VI APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 7. 1988. AND SPECIAL MEETING OF JUNE 13. 1988 Councilman Sargent moved to accept and place on file the minutes of the regular meeting of June 7, 1988, of the Port Angeles City Council. Councilman Stamon seconded. Councilman Stamon offered a correction to Register Page 1032, second to last paragraph, to strike the first sentence of the paragraph and to replace it with: "Councilman Stamon directed a question to Attorney Knutson asking whether it would be possible for Council to get tdtgether as a committee to review the ordinance and set guidelines for enforcement as a matter of policy, or whether Council must follow the procedure of reviewing and amending the ordinance." Also, on Register Page 1035, inserting a paragraph to Item 4 on the Agenda: "Mayor McPhee appointed Councilmembers Stamon, Sargent and Lemon to serve on the Committee. BREAK: Mayor McPhee recessed the meeting for a 15- minute break." Councilman Hesla offered a correction to Register Page 1035, ;.iragraph 8, correcting the spelling of Fred Buck to Fred Bock. Councilman Stamon offered another correction to RFgi.;ter Page 10LO, under Item 10, second paragraph, stating the sentence F tim ld re.td: "Co Stamon requested from the Mayor if he should recei «e infnrrrati -r Mayor McPhee offered this be added to Councilman 'tamon's correction also: if the City Manager sees information in the Mayor's m =ii that he feels pertains to other members that he distribute it Councilman Sargent offered a correction to Register Page 1032, sixth paragraph, to add the words "some of so that the sentence reads: "Councilman Sargent stated that she was in agreement with some of the comments made by Councilmen Lemon and Gabriel." Mayor McPhee requested that points of order be reflected in the minutes of any future meetings, and Councilmembers concurred. On call for the question, the motion carried. Councilman Stamon moved to accept and place on file the minutes of the June 13th special meeting of the Port Angeles City Council. Councilman Hesla seconded. Mayor McPhee offered a correction to add a paragraph stating: "Mayor McPhee asked that the Port provide more detailed information on the question." On call for the question, the motion carried, with Councilmen Hallett and Sargent abstaining, as they were not present. Councilman Stamon moved to reconsider the minutes. Councilman Hesla seconded and the motion carried. Councilman Stamon moved to insert II, Call to Order, Members Present: Councilman Gabriel, Councilman Stamon, Councilman Lemon, Councilman Hesla and Mayor McPhee; Members Absent: Councilmen Hallett and Sargent. Staff Present: Manager Flodstrom. Councilman Hesla seconded and the motion carried. VII FINANCE CITY COUNCIL MEETING June 21, 1988 1043 1. Consideration of Bid Award for Roof Repair of William Shore Memorial Swimmine Pool Councilman Hallett moved to award the bid to Schmitt's Sheet Metal of Port Angeles in the amount of $52,323 plus tax, and direct the Parks Recreation Department to seek a loan for the energy conservation measures. Councilman Stamon seconded. Councilman Sargent voiced her concern about the fire retardant and the vapor barrier noted in the ARM Construction bid, asking whether Schmitt's Sheet Metal Roofing Bid included these items. Deputy Director of Public Works Ridout commented Schmitt's Sheet Metal roofing material was all inclusive of the fire retardant and vapor barrier materials. Councilman Sargent further directed a question to Deputy Director Ridout on Item No. 2, to furnish and install 3/8" CDX plywood. This item was included in the bid and while not required, would have added to the stability of the roof in the case of an earthquake. She was concerned with whether or not we should leave this item out during the building process and asked Deputy Director Ridout for his opinion. Deputy Director Ridout replied he would recommend going with the 3/8" CDX plywood if the moneys were available in the budget. Councilman Sargent voiced her concern with the possibility of at earthquake in the City of Port Angeles, and she felt the additional plywood was an issue that needed to be addressed. Mayor McPhee asked staff why they did not recommend the installation of the plywood. Councilman Sargent stated it was to stay within the budget of $50,000 for this project. Parks Recreation Director Brodhun stated it was correct and reminded the Council if they were successful in the pursuit of the no- interest loan, this would get the bid amount down to approxi- mately $39,000. This would allow for the inclusion of the CDX plywood to do the job for less than $50,000, not including the loan amount. Councilman Sargent offered an amendment to the motion, to include the 3/8" CDX plywood in the roof repair in the amount of $6,652. Councilman Stamon seconded. Councilman Sargent, in speaking to the amendment, stated it was because of safety reasons as well as the recommendation of the engineer, and she was concerned with the possibility of an earthquake in the area. -2- 1044 CITY COUNCIL MEETING June 21, 1988 After further discussion by Council and staff, Council voted on the amendment, which passed, with Councilman Gabriel voting "No The question was called, and the amended motion carried, with Councilman Gabriel voting "No 2. Request for Payment to Riddell. Williams. of 55.633.11 for Leval Representation on the WPPSS Issues Councilman Stamon moved to authorize payment of the June 1, 1988, Riddell, Williams bill in the total amount of $5,633.11 for representation in the WPPSS issues. Councilman Lemon seconded and the motion carried unanimously. VIII CONSENT AGENDA Councilman Stamon moved to accept the items on the Consent Agenda as presented, including (1) Request to call for bids on sewer jet foam unit; (2) Correspondence from Washington State Liquor Control Board; (3) Vouchers of $281,967.03; and (4) Payroll of 6 -3 -88 of $247,265.03; Payroll of 6 -17 -88 of $241,500.07. Councilman Gabriel seconded. Mayor McPhee noted for the public and Council that he has a liquor license coming up for renewal, included in the Consent Agenda, and stated that his vote would not be considered on that particular item. Mayor McPhee, in speaking to the issue for the application for Class H liquor license by Casoni Sisters, Inc., for Harbor Lights Restaurant, indicated that he had been contacted by the State Liquor Control Board asking him to check locally to see if there was any resistance to the application. He stated he had checked with several people, including the President of the Chamber of Commerce and that the President had taken a straw vote. The vote indicated there was no one in favor of the applica- tion. However, Mayor McPhee stated even though the Chamber President could not find anyone in favor of it, that did not indicate the Council could not approve the increase in the number of licenses per population. He commented on the letter received from Patricia McCauly, President of Casoni Sisters, Inc., stating she had indicated he was in favor of limiting the number of Class H liquor licenses and he was opposed to another license. He replied this was not true, but he did report to the Liquor Control Board Enforcement Officer there was some concern there were too many Class H licenses within the City. He cautioned Council to be aware if another Class H license was added to the area, they do not increase the number of jobs available but possibly detract from the existing jobs. Councilman Stamon, speaking in rebuttal to the Mayor's comments, stated she felt it was important for Council to encourage new business within the City of Port Angeles and one of the goals of the Council was to promote economic development. Further, it was not a goal of government to provide protec- tion for already existing businesses and she did not feel this was a fair and adequate reason to deny the application. k Councilman Hallett echoed Councilman Stamon's sentiments, stating Council should be supportive and do all they could to ensure the success of all the business members in the community. Councilman Sargent spoke in favor of the application approval, and ques- tioned as to whether or not Councilman Hallett had a conflict of interest in the item as he was the manager of The Landing. Councilman Hallett then noted for the record that his vote on the Consent Agenda does not include the item regarding the Harbor Lights Restaurant liquor license application. Councilman Hesla stated Council should do everything they can to enhance the business climate and to encourage new businesses to come forward. On call for the question, the motion carried. IX ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA CITY COUNCIL MEETING June 21, 1988 Paul Dailey, P. 0. Box 1655, President of the Port Angeles Exchange Club, cordially invited the public and Council to the dedication of the Freedom Shrine located in the City Hall on Friday, June 24th, from noon to 1 P.M. in the City Council Chambers. Peggy Western, 1218 West llth Street, proposed to Council to enact an ordinance prohibiting issuing any building permits for a 36 -foot wide house on a 50 -foot wide lot without requiring a contractor to obtain a survey to avoid any dispute. She felt the ordinance should be enacted to avoid any hardship to another human being by the hands of another human being. Councilman Stamon suggested that Council refer the issue to the Public Works Department and the City Manager to contact Mrs. Western and then to report back to the Council with a recommendation on the issue. Steve Johnson, business owner, The Landing, spoke in support of the Harbor Lights Restaurant. He stated he felt with the coming of the restaurant there would be a real boom, not only for the businesses within The Landing, but also for the City of Port Angeles in that area. Erl Hansen, 121 East Railroad Avenue, Executive Director of Port Angeles Chamber of Commerce, stated in regard to the Mayor's comments on the straw vote by the President of the Chamber on the coming of the Harbor Lights Restaurant, this was the first knowledge he had about the issue and felt very strongly it not be on record that the Chamber was opposed to the Harbor Lights Restaurant. Council then placed on the Agenda the selection of the Utility Advisory Committee and Fair Board members, Item 10 -A. X LEGISLATION 1. Discussion of Parliamentary Procedures Requested by Mayor McPhee Councilman Hallett questioned the Mayor in regard to the issue, stating Council had not received any information on the item to be brought forth and asked Mayor McPhee whether it was true Council had agreed to a ruling that Councilmembers would provide information to other members if they had requested an item to be placed on the agenda in order for other members to come prepared to engage in dialogue. Further, he did not feel Council would be in order if they discussed the issue without background information or without a special vote of the Council. Councilman Gabriel moved to open the issue for discussion. Councilman Lemon seconded. Mayor McPhee informed the Council that the four issues he wanted to cover were points of order, the use of the gavel by the Mayor, and interruptions; and that he would be referring to Roberts Rules of Order as well as Council rules. Councilman Stamon requested that a fifth item be added: participation of the chair in debate. Councilman Stamon moved to amend the motion to add her point to the Mayor's four points of discussion. Councilman Hesla seconded. Council then voted on the amendment, which passed unanimously. Councilman Hallett questioned the motion, stating he would prefer the item be tabled until the next meeting so Council can research the issue. Councilman Gabriel stated he did not have a problem with members not pro- viding information who wanted to speak on an issue. On call for the question, the motion carried, with Councilman Hallett voting "No Mayor McPhee stated this was a reminder to the Council, the public, and to the press of some very simple issues so Council can function better. He stated Council is governed by its Rules and Procedures. He gave a lengthy -4- 1.045 1046 CITY COUNCIL MEETING June 21, 1988 discussion on Council's responsibilities regarding Roberts Rules of Order as well as other policies and procedures set forth by the Council. Councilman Stamon voiced her concern over the degree of participation of the Mayor in debate on issues before the City Council and felt Council should make a decision as to how they wish to handle the issue. Councilman Lemon requested from the City Attorney information from the RCW regarding the participation of the Mayor. Councilman Stamon moved to place on the July 5, 1988, City Council meeting Agenda the issue of participation of the chair in debate. Councilman Hesla seconded and the motion carried, with Councilmen Gabriel and Lemon voting No Councilman Sargent requested it be placed late on the agenda so City business could be taken care of first. Councilman Hallett stated he wanted the record to show he was disappointed Council had proceeded with this issue, as the Council has adopted Rules and Procedures. Councilman Lemon requested the policy regarding items being brought to the Agenda by Councilmembers and information pertaining to such items be brought before the Council so that some revisions and /or some refining be done to the policy. He asked this be placed on the agenda for the next Council meeting. 2. City Councilmembers' Relation with Colleagues Joan Sargent Councilman Sargent read for the record a memo she had directed to all Councilmembers in regard to the relationship with colleagues. The memo outlined her general feelings regarding the inappropriate behavior by members of the Council and she urged Council to carefully consider and implement the advice given in the Handbook for Councilmembers, especially to re- examine page 18 of said Handbook. 3. Plannine Commission Minutes of June 8. 1988 A. Conditional Use Permit CUP 88(6)11 HO Donald Edamon 619 South Chase Street Councilman Stamon moved to concur with the recommendation of the Planning Commission and approve the home occupation permit to operate a beauty salon in the RMF, Residential Multi- Family District, subject to the following conditions: (1) One 1A1OBC fire extinguisher shall be installed; (2) The hours of operation be limited to 7 AM to 7 PM, Wednesday through Saturday; (3) Only two customers at a time shall be scheduled for an appointment on the premises; (4) The parking plan submitted to the Commission is acceptable. Councilman Gabriel seconded the motion. Councilman Gabriel stated in the last paragraph of the Planning Commission minutes pertaining to the Conditional Use Permit, the Commission requested the City Attorney be consulted as to whether the Council or Commission is the final acting body on the home occupation permits. He directed a ques- tion to Attorney Knutson, asking Attorney Knutson if he had come up with a decision concerning this matter. Attorney Knutson stated that he had not had a chance to discuss it with the Planning Director, but in reviewing the ordinance, his interpretation is that the Planning Commission is the final acting body on home occupation permits. Councilman Hallett then questioned Attorney Knutson if the Planning Commis- sion is the final acting body, what is the role of the City Council. Attorney Knutson stated that he had not had adequate time to research the issue; however, in his opinion, in reviewing the plain wording of the ordinance, the Planning Commission is the final acting body and Council's role would only be to approve Planning Commission minutes and not have the authority to overturn the Commission decision. -5- Councilman Hallett furthered the statement by saying Council then does not have the authority to add anything to the conditions that might not be in the applicant's frame of desires. Attorney Knutson stated that was correct. Following further discussion by staff and Council, Councilman Stamon suggested acting on the motion, to then direct the Attorney and Planning Director to come back at the next meeting with some formalization of the issue which explains what the issue is and also to look at the issue in light of the fact that Council had considered broadening the authority of the Planning Commission in another area as well. Councilman Hallett was in agreement. On call for the question, the motion carried. B. Interpretation Councilman Lemon moved for discussion to agree with the interpretation of the Planning Commission that an 8' x 16' mobile trailer operating as an air gun arcade could be a commercial recreation establishment, such as an arcade, which is a permitted use in the Central Business District. Councilman Gabriel seconded. Councilman Stamon voiced her concern regarding the wording of the Planning Commission, stating this type of establishment as a commercial recreation should be this type of activity as estab- lishments tend to confer approval of this particular project and she offered this as a friendly amendment. Councilman Lemon concurred. Councilman Lemon felt this issue should be brought up at a public hearing so the public would have knowledge as to this type of activity and the need for more light to be shed on this issue. He then proposed to withdraw his motion. Councilman Gabriel did not believe that was necessary. On call for the question, the motion carried, with Councilman Sargent voting No C. Acceptance of Minutes Councilman Stamon moved to accept and place on file the Planning Commission minutes of June 8, 1988. Councilman Gabriel seconded and the motion carried. 4. Resolution to Set Hearing for Street Vacation STV- 88(6)6- Cronauer /Whitman Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 10 -88 Se A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Caroline Street abutting Lots 9, 10, and 11, Block 32, Norman R. Smith's Subdivision to the Townsite of Port Angeles. CITY COUNCIL MEETING June 21, 1988 Councilman Stamon moved to pass the Resolution as read by title. Councilman Gabriel seconded and the motion carried unanimously. 5. Request to Circulate Annexation Petition Schneider /Coman /Hoch A-88(7)1 Councilman Hallett moved to refer the issue to circulate an annexation petition for property located south of the City limits between Highway 101 and the Truck Route, to the Planning Commission. Councilman Sargent seconded and the motion carried. -6- 1047 1048 CITY COUNCIL MEETING June 21, 1988 6. Reauest for Funding Assistance Port Angeles Hieh School Band (Continued from June 7. 1988) Councilman Sargent moved to deny the request for funding assistance because of nonconformance with the funding request guidelines, specifically Items 1, 2, 4, and 5. Councilman Lemon seconded. Councilman Stamon asked for clarification as to reasons for denial. Was it because they did not provide a detailed financial funding request? Councilman Sargent stated that was true; they had not explained their intentions nor how they would be raising funds and what the amount would be or how the community would be benefitted. Councilman Stamon suggested instead of doing an outright denial to instead table the issue until such time that the information was provided. Councilman Sargent stated she was in favor of the motion as stated. Councilman Hallett was in opposition to the motion as stated, as he did not feel an outright denial would benefit the organization to come back with the appropriate papers and information requested by Council. Councilman Stamon stated since this was a youth organization from within the community, that it was heavy- handed for Council to deny, but rather to instruct them to come back to Council with information before action is taken. Councilman Hesla was in concurrence with Councilman Stamon's statement. Mayor McPhee pointed out to Council that the Port Angeles High School is not used only by residents of the City of Port Angeles, and for Council to fund the organization, individuals must be residents of the City of Port Angeles and he was in agreement with Councilman Sargent that the request does not satisfy the funding guidelines. On call for the question, the motion carried, with Councilmen Gabriel, Lemon, Sargent and Mayor McPhee voting "Aye and Councilmen Stamon, Hallett and Hesla voting "No 7. Request by Hospice for Clarification of Maintenance Responsibilities (Continued from June 7. 1988) Councilman Gabriel moved to instruct staff to come up with an agreement or contract that is mutually acceptable to both parties, to then bring it back to Council for consideration. Councilman Stamon seconded and offered a friendly amendment that the Real Estate Committee would be involved with the process. Councilman Gabriel accepted. Councilman Lemon commented that he felt the agreement should be drawn up by the Real Estate Committee and staff. Councilman Sargent suggested Parks Recreation d"Eo the maintenance in the yard in the interim of the drafting of the contract. On call for the question, the motion carried unanimously. 8. Recommendation From the Memorial Committee on City Hall /Community Memorial (Continued from June 7. 1988) Councilman Sargent moved to proceed with the recommendation of the Memorial Committee; however to revise the wording to state: "To those whose dedication and service have left their mark on this community Councilman Stamon seconded and concurred. Manager Flodstrom then distributed to the Council an updated version of the memorial. Councilman Stamon stated she would like to see the initiation of the memorial placed on hold until such time as Councilmembers have the Policy and Procedures guidelines establishing the names to be placed on the memorial in hand. -7- AN ORDINANCE of the City of Port Angeles repealing Chapter 3 of Ordinance No. 2050 and Chapter 5.12 of the Port Angeles Municipal Code. -8- CITY COUNCIL MEETING June 21, 1988 Councilman Hallett stated the point was well taken and before names go on, to make those decisions, the guidelines must be in place. Councilman Gabriel stated that he was not able to attend this meeting of the Memorial Committee, and after reviewing the information, would be in opposition to the motion. He stated there were several reasons: (1) The intent of the memorial was good; however, there are other service organiza- tions and clubs that offer this type of service; and (2) he did not believe it was a good use of public funds and did not see any public benefit. Councilman Sargent changed her motion to state to proceed with the recom- mendation of the Memorial Committee, revising the wording: "In recognition of those individuals whose devotion to community service enriched our City Councilman Stamon concurred. Mayor McPhee stated he was not in favor of the wording. After further discussion by Council, the question was called and the motion carried with Councilmen Gabriel and Lemon voting "No 9. Consideration of Ordinance Rescinding Amusement Device Licensing Requirements (Continued from June 7. 1988) Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2495 Councilman Sargent moved to adopt the Ordinance as read by title. Coun- cilman Stamon seconded and the motion carried unanimously. 10. Consideration of Agreement with Lindberg Associates for Corporation Yard Design for Service Garage and Water /Sewer Utility (Continued from June 7. 1988), Councilman Stamon moved to authorize the Mayor to sign the agreement with Lindberg Associates to complete the remaining work for the Service Garage and Water /Sewer Building expansion, and also completion of the design work for the future City Light facility at the Corporation Yard. Councilman Hallett seconded. Councilman Stamon, in speaking to her motion, stated the reason she offered the motion was not in attempt to proceed with the City Light facility, as she realized this was an issue that has been decided by the Council, but her concern is in attempting to spend the funds of the City of Port Angeles as wisely as possible and for wanting to look at planning ahead for a City Light facility. This would allow the architect to come up with a design for the area of the Corporation Yard that would includt possible future uses. Further she stated it is not, however, in any way the intent of her motion to proceed with the construction of a facility but rather to be a little bit visionary in terms of what the future of the City may be five to six years. She urged Council to carefully consider doing some cohesive planning. Mayor McPhee stated it may not be prudent to design something today which might not be adequate at a later time, and he believed we would have more flexibility if we have not spent the $60,000 it will cost to design such a facility. He did, however, agree with the concept of looking down the road, but Council should retain their flexibility by not designing something that may be totally inappropriate later on. Councilman Gabriel concurred with the Mayor's feelings, and stated if it was not our intent to proceed with the issue, then why spend the money. Councilman Hallett stated one of the goals of Council is to provide vision and leadership, Council had agreed to revisit this issue also to have a plan in place and carry out the stated objectives to provide cost effective 1049 1050 CITY COUNCIL MEETING June 21, 1988 services to the community. He believed Councilman Stamon's motion was in order. Councilman Stamon, in providing further insight to her statement, commented because we have had an inordinate amount of interest in the particular City Light facility and because one of the prime goals of Council is economic development, Council needs to give themselves the tools to be able to move ahead in a fairly rapid manner and to make use of those facilities that the City of Port Angeles owns. Planning ahead would allow for the ability to move out of a current facility, if that facility should be sold. She believed it would be in Council's best interest to have in place a plan which set forth the ability to effect some changes. Councilman Gabriel stated the Council had decided there was no benefit to move the Light facility up to the Corporation Yard because the cost of the building would never pay for what we could sell the current facility. Councilman Hallett stated the Council did not determine this would not be cost effective, but the decision was made to not proceed with the issue at this time. Council did agree to revisit this issue and to explore whether or not they would proceed with construction on the upcoming budget cycle. Councilman Lemon stated he totally disagreed with Councilman Hallett's statement and Council was going to bring this subject back as a workshop and discuss it. He concurred with Councilman Gabriel's comments. Councilman Gabriel stated another reason why he was not in favor of the motion was there were no dollar figures to look at in regard to the consultant work to be done and until such figures were available, he would not be in favor of the motion. Mayor McPhee asked Councilman Hallett what the cost would be to design the building. Councilman Hallett stated costs for services is per the original contract. Councilman Stamon offered to amend her motion to direct staff to bring back information of costs prior to enactment of the contract. Mayor McPhee stated Council wanted to provide cost effective services and he believed if we could use a building that we already own which is in very good shape, that would provide more cost effective services than moving into a more expensive building. Further, the motion suggests using an architectural firm that was involved with the construction of the City Hall and because of dollar figures given during the building of City Hall, he hesitated to use the architect being recommended, but preferred bringing in other architects to evaluate who would design the building. He stated he would -be voting in opposition to the motion and urged Council to open up the project to other architects in the City. Councilman Hallett stated the issue had already been open for invitation to bid and asked the Mayor to clarify whether he was or was not in favor of Lindberg Associates proceeding with this. Mayor McPhee stated he was not in favor of Lindberg Associates proceeding without considering at this time the other architects available within the City Councilman Hallett replied that had been done. Lindberg Associates were the chosen architects and all Council was asking was they pick up where they had left off in regards to this project. On call for the question, the motion failed, with Councilmen Hallett, Hesla and Stamon voting "Aye and Mayor McPhee, Councilmen Gabriel, Lemon and Sargent voting "No Councilman Stamon moved to agree with the recommendation of the Public Works Department and authorize the Mayor to sign the agreement with Lindberg Associates to complete the remaining 80% of the work for the Service Garage and Water /Sewer building expansion. Councilman Sargent seconded. -9- CITY COUNCIL MEETING June 21, 1988 1051 Mayor McPhee, in speaking to the architectural agreement, stated the cost over -run on the project was 42% and he did not believe had past Council realized the cost was going to be that far over they would have possibly chosen a different architectural firm. Councilman Sargent stated she was in favor of the motion, as Lindberg Associates had already completed Phase I of the project, which is approxi- mately 20% of the work to be performed, and they are already familiar with the building. She believed Council needed to stay with the continuity. Councilman Stamon stated she wass to the 42% cost over -run and stated X for the record she questioned the figure. Mayor McPhee spoke about the cost over -runs and the original history of the project. Councilman Sargent asked for a point of order, stating Council was getting off the subject and requested the remarks be addressed to the Corporation Yard modifications Council was considering. Councilman Gabriel stated he believed it was all within the realm of what Council was speaking on and stated he preferred Mayor McPhee continue. Councilman Stamon appealed to the entire Council to put the issue to a vote. Mayor McPhee asked Council to vote on the issue whether he should refrain from continuing. The motion carried. On call for the question, the motion authorizing the mayor to sign the agreement for architectural services carried, with Councilman Lemon and Mayor McPhee voting "No Councilman Stamon then requested if the Mayor speaks on an issue that he cast a vote on the issue at the end. 10A. Selection of Members for the Utility Advisory Committee and the Fair Board Utility Advisory Committee: Citizen at large. Councilman Hallett voted for Carl Alexander. Councilman Hesla, Carl Alexander. Councilman Gabriel, John Hordyk. Councilman Stamon, Carl Alexander. Councilman Lemon, John Hordyk. Councilman Sargent, Ken Schermer. Mayor McPhee, John Hordyk. In order to break the tie vote, Council decided to vote in favor of one of the two ties, either Carl Alexander or John Hordyk. Councilman Hallett voted for Carl Alexander. Councilman Hesla, Carl Alexander. Councilman Gabriel, John Hordyk. Councilman Lemon, John Hordyk. Councilman Stamon, Carl Alexander. Coungilman Sargent, Carl Alexander. Mayor McPhee, John Hordyk. Carl Alexander was appointed to the Utility Advisory Committee in the citizen at large position. Council then voted on the position of industrial Member to the UAC. Coun- cilman Stamon stated, as a point of order, she and her husband are engaged in a real estate transaction with Mr. Wright and she declared that publicly for anyone who has objection to her participating in this particular issue to come forward and ask her to step down. There was no member of the audience that requested she step down. Councilman Sargent voted for Jeff Rosbach. Councilman Lemon, Jeff Rosbach. Councilman Stamon, Jeff Rosbach. Councilman Gabriel, Jeff Rosbach. Coun- cilman Hesla, Jeff Rosbach. Councilman Hallett, Jeff Rosbach. Mayor McPhee, Jeff Rosbach. Mr. Rosbach was appointed to the Utility Advisory Committee as the industrial representative. Council then voted on the Fair Board representative for the City. Appli- cants Christopher Martin, Mavis Rosbach, and Robert Boyd. Councilman Hallett voted for Mavis Rosbach. Councilman Hesla, Christopher Martin. Councilman Gabriel, Mavis Rosbach. Councilman Lemon, Robert Boyd. Coun- cilman Stamon, Mavis Rosbach. Councilman Sargent, Mavis Rosbach. Mayor McPhee, Robert Boyd. Mavis Rosbach was appointed as the new member of the Fair Board. -10- 1052 CITY COUNCIL MEETING June 21, 1988 BREAK Mayor McPhee then recessed the meeting for a 10- minute break at 9 :55 P.M. 11. Presentation by Fire Chief Glenn Oil Spill Response Plan (Continued from June 7. 1988) Mayor McPhee stated there was a misunderstanding as to the type of presenta- tion. He had hoped to be presented with some type of disaster plan and asked Chief Glenn if he could ask him a few questions. Chief would then respond. Councilman Stamon asked for a point of order, as she, personally, wanted to hear the presentation on the oil spill response plan and requested that the Chief shorten his presentation to make it as brief as possible. Chief Glenn gave Council and the public a brief history on the oil response plan by the City of Port Angeles Fire Department, stating the City Council of the City of Port Angeles had designated the Fire Chief as emergency services director for the City of Port Angeles, and along with that desig- nation went the responsibility to formulate a plan that would utilize the City's resources in an efficient manner. The plan became operational in September, 1982. The plan the City of Port Angeles has is actually a group of plans which covers harbor, fire and explosion, hospital disaster and emergency relocation, hazardous material incidents, transportation spills and incidents, and most importantly, marine hazardous material spills, now more commonly known as the oil spill response plan. He stated our disaster response plan is a living document which changes and updates are made annually, as well as major training exercises held each year. In closing, he t ed he did not think our incident response plan is an answer to -a g but it addresses the things that need to be done in the first minutes of a disaster, if and when it happens within the City of Port Angeles. Council and staff discussed further some of the aspects of the oil spill response plan and also asked for information regarding disaster plans concerning chemical spills, who the responsible parties would be in such a disaster, how people of Port Angeles would be contacted, and what the procedures were. Mayor McPhee requested the City Attorney provide Council with information pertaining to its role and responsibility in the event of a disaster. 12. Consideration of Contract With Clallam County Human Services Funding_ for 1988 Councilman Hesia moved to authorize the Mayor to sign the contract with ClalIam County for Human Services, as approved in the 1988 budget. Councilman Sargent seconded. Mayor McPhee stated he believed this to be a County responsibility and the City taxpayers were paying twice but it was 'a budget item that has been approved and he would not dispute that; but the City should let Clallam County know there will be some discussion of this at the next budget hearing process. On call for the question, the motion carried. Councilman Stamon reminded Council of an upcoming meeting of the Human Services Committee at the County to allocate funding for the 1989 budget. She asked for another participant from the Council. Councilman Sargent agreed to participate in the Committee allocating funding of the Human Services. 13. Update Fair Toll Coalition (Appeals to Court Decision) Manager Flodstrom gave Council a brief history of the Fair Toll Coalition and an update of the Coalition. He stated there would be a meeting of the Fair Toll Coalition Board on June 27, 1988, at 7 P.M. in Sequim City Hall. CITY COUNCIL MEETING June 21, 1988 1053 Councilman Gabriel would be representing the City of Port Angeles and agreed to bring a report back to the Council at the next meeting. Councilman Stamon, as a point of order, moved for continuation of the meeting, as it was now after 10:00 P.M. Councilman Gabriel seconded and the motion carried. 14. Consideration of Process to be Used for Review of the City's Nuisance Ordinance. per Council Action of June 7. 1988 Councilman Sargent stated she did not believe at the last meeting it was Council's intention to suspend action on the total ordinance, but only on the four violations brought to Council at that time. She then moved to reinstate the nuisance ordinance, pending Council's review of said ordinance. Councilman Stamon seconded. Councilman Sargent suggested one of the items that could be changed in the review of the ordinance is there be two written complaints by citizens prior to any enforcement action. Councilman Stamon, as a point of order, requested the motion be voted upon. She questioned as to whether it was appropriate to discuss the ordinance now or after the motion had been acted upon. Mayor McPhee stated he believed Council should discuss the issue before the motion was voted on. Attorney Knutson suggested to Council that they change the wording, instead of using "to reinstate the nuisance ordinance but rather to clarify the intent of the original motion that it was not to rescind or hold in abeyance the enforcement of the ordinance in the meantime. Councilman Hallett stated he believed the action of the City Manager was correct in the interpretation of the motion made; not that the ordinance was rescinded, but because of the ambiguous comments at the last Council meet- ing, makes it very difficult for any enforcement proceedings. He stated he disagreed with the City Attorney and that the actions at the last City Council meeting left staff no choice but the need of further clarification from this Council as to what it is Council intended to enforce, if anything. Further, he stated the first priority should be to put the enforcement on hold until Council takes a leadership role and gives a clear sense of direction to the staff and the people who have to enforce the ordinance. Councilman Sargent was in disagreement, as she saw no reason why Council could not review the ordinance while still making enforcement actions. Councilman Stamon stated the Council is the final arbitrator in terms of what to enforce and what not to enforce, and she thought Council needed to direct staff to continue to enforce the ordinance as written. After lengthy discussion by Council and staff, the question was called and the motion carried unanimously. 15. Consideration of 1988 1990 Labor Agreement With Teamsters Local i589 Sworn Officers Unit Councilman Stamon moved to approve the labor agreement between the City of Port Angeles and Teamsters Local #589 for the Sworn Officers Bargaining Unit, effective January 1, 1988, through December 31, 1990. Councilman Sargent seconded and the motion carried unanimously. Councilman Stamon in speaking to her motion, noted that the bargaining unit has ratified the agreement and has agreed to the terms. 16. Consideration of 1988 1990 Labor Agreement With Teamsters Local 14589 Clerk /Dispatchers Unit Councilman Sargent moved to approve the labor agreement between the City of Port Angeles and Teamsters Local #589 for Clerk /Dispatcher Bargaining Unit, effective January 1, 1988, through December 31, 1990. Councilman Stamon seconded and the motion carried. -12- 1054 CITY COUNCIL MEETING June 21, 1988 17. Consideration of 1988 1991 Labor Agreement with IBEW Local 4997 Councilman Hallett moved to approve the labor agreement between the City and IBEW Local #997 for the contract period covering April 1, 1988, through March 31, 1991. Councilman Gabriel seconded and the motion carried. 18. Consideration of Salary Ordinance for 1988 Teamsters and IBEW Represented Employees Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2497 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by IBEW Local #997 for the period of April 1, 1988, through March 31, 1989, and providing for the payment thereof. Councilman Stamon moved to adopt the Ordinance as read by title. Gabriel seconded and the motion carried. Mayor McPhee read the next Ordinance by title, entitled ORDINANCE NO. 2496 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by Teamsters Local #589 (Clerk /Dispatcher and Sworn Officer Units) for the period of January 1, 1988, through December 31, 1988, and providing for the payment thereof. Councilman Stamon moved to adopt the Ordinance as read by title. Gabriel seconded and the motion carried. Councilman Sargent moved to publish the ordinances as presented, a summary, because of the shortness of the complete ordinances. Stamon seconded and the motion carried. 19. Real Estate Committee Recommendation A. Use of City Light Building -13- Councilman Councilman rather than Councilman Councilman Sargent moved to lease the City Council Chambers of the old City Hall'-and provide monthly utilities to the Food Bank and to make some modifications to allow delivery access to the rear of the building, in case it is necessary. Councilman Hesla seconded. Councilman Sargent then restated her motion to the City lease the City Council Chambers portion of the old City Hall and provide monthly utilities at no cost to the Food Bank and make modifications to allow approved delivery access in the rear, if necessary, subject to the Food Bank pro- viding their own insurance coverage and until such time as the building may be sold. Councilman Hesla seconded. Councilman Sargent stated when the personnel from the Food Bank saw the facilities, they felt it would meet their needs. She stated she felt strongly about this issue, because she recognizes there are many citizens, approximately 2,000, who are being provided food by the Food Bank and she felt this to be a good gesture for the City to make. Councilman Hallett stated he was not opposed to being of assistance to the Food Bank, but he did have questions and wanted clarification from the Real Estate Committee as to why the building that is for sale versus the build- ing that is not and how the Council will address long -term considerations and the cost implications to the entire City for supporting a City /County function. CITY COUNCIL MEETING June 21, 1988 1055 Councilman Sargent replied when the Real Estate Committee had first looked at the City Light facility, the rooms that were being requested would have needed some major modifications; and also there are current City employees working at the facility, it was the feeling of the Committee that municipal employees and recipients of the Food Bank did not necessarily mix well. Also, Jean Kerner, Food Bank representative, when seeing the old City Coun- cil Chambers, felt the area would meet their needs better than the old City Light Building. She also pointed out the Council Chambers in the old City Hall are heated separately from the rest of the building and therefore did not see a problem with heating that portion to the building. In response to Councilman Hallett's question on the long -term effect, Councilman Sargent said the Food Bank was aware of the building being for sale; however, since the City has not had much interest in the old building and even if we did it would be possible the parties involved would be willing to make an arrange- ment with the Food Bank for the space. Councilman Lemon voiced his concern over the amount being allocated for utilities and questioned as to what the figures may be for the heat bill in this portion of the old City Hall. He believed there should be a cap placed on the amount paid by the City. Mayor McPhee asked whether the Food Bank had approached the County for assistance in this project. Manager Flodstrom stated he did not know. Administrative Services Director Wolfe stated he believed the approximate cost for heating that portion of the building would be $1,000 per year. Mayor McPhee stated this was a County activity and therefore should be funded by the County, at least in providing part of the utilities. He reminded Council that the motion on the floor was open -ended price -wise. On call for the question, the motion was denied, with Councilmen Hesla, Sargent and Stamon voting "Aye and Councilmen Hallett, Gabriel, Lemon, and Mayor McPhee voting "No Councilman Hallett then moved to direct the Real Estate Committee and /or staff to bring together more details and come back with a contract, with some verbiage that clarifies the intentions of the issue. Councilman Hesla seconded. Councilman Lemon stated that the concern that he had was with the open endedness of the utilities cost. Manager Flodstrom asked Council if they would be more comfortable with lidding the amount to be paid out. Councilman Hallett then restated his motion. He moved to provide space to the Food Bank and instructed staff to come back to the July 5, 1988, City Council meeting with a contract that includes a lid on the utilities. Councilman Hesla seconded and the motion carried unanimously. B. Elwha Water Line Right- of -Wav Easement k Councilman Stamon moved to concur with the recommendation of the Real Estate Committee to authorize the Mayor to execute the easement for the water line. Councilman Lemon seconded and the motion carried. C. Other The Real Estate Committee set a meeting date for Thursday, June 23rd, at noon, at the Hospital Cafeteria. Manager Flodstrom also asked Council to clarify their intentions by removing the City Light Building from the market. He stated his interpretation was that the building was no longer for sale. Councilman Lemon moved that the interpretation of removing the City Light Building from the market would include lease, rent, or sale at this time. Councilman Gabriel seconded. -14- 1056 CITY COUNCIL MEETING June 21, 1988 After some discussion, the question was called, and the motion carried, with Councilmen Sargent, Gabriel, Lemon and Mayor McPhee voting "Aye and Councilman Hallett, Hesla and Stamon voting "No 20. Consideration of Appointment of a City Member to the Salary_ Study and Compensation Review Committee Mayor McPhee appointed Councilmen Gabriel and Stamon to the Management/ Administrative Compensation Review Committee. XI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Carl Alexander, 1712 West Fifth Street, asked for clarification on Item 14 on the Agenda, as to what Council had decided for their process to be used for review of the City's nuisance ordinance. Councilman Stamon moved that prior to the next City Council meeting on July 5, 1988, Council will provide the City Manager with particular individual concerns with respect to the nuisance ordinance, and the City Manager would reduce those to some type of written document for Council's consideration. At the July 5th Council meeting, a public hearing will be held allowing members of the public to express their concerns with respect to possible amendments to the ordinance, and at that point Council would take those items under consideration and draft some possible amendments. Councilman Lemon seconded and the motion carried unanimously. XII CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Attorney Knutson provided Council with a proposed ordinance regarding easement interpretation on "F" Street vacation. The easement had to do with Daishowa America acquiring the M R facilities and assets along the waterfront. Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2498 AN ORDINANCE of the City of Port Angeles amending the scope of the view easement required by Ordinance No. 2441. Councilman Stamon moved to adopt the Ordinance as read by title. Councilman Lemon seconded and the motion carried. Councilman Stamon noted that the UAC meeting has been changed from Thursday, June 23rd to Friday the 24th at 3:00 P.M. Councilman Sargent requested that Item 8 on the Information Agenda, draft ordinance establishing a fee for non resident users of the Medic I program, be placed on the Agenda for the July 5, 1988, City Council meeting and that a public hearing be held at that time. Also, on Item 16, parking ticket computer program, an ordinance revision, Councilman Sargent recommended that Council consider this issue also at the July 5th meeting. XIII ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the regular session to executive session at 11:45 P.M. to discuss an item of litigation. The length of the session was estimated to be approximately 5 minutes. XIV RETURN TO OPEN SESSION The meeting returned to open session at 11:50 P.M. XV ADJOURNMENT The meeting adjourned at 11:51 P.M. Clerk Mayor A;leit,>(.574„:6, 1057 CITY COUNCIL MEETING June 21, 1988