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HomeMy WebLinkAboutMinutes 07/05/19891390 I CALL TO ORDER Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:00 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Boy Scout Troop 1458, Mike Wilson, Assistant Scout Master, members, Travis Wilson, Jack Hoyle, and Jason Huff. III ROLL CALL Members Present: Members Absent: Staff Present: Public Present: V FINANCE 1. CITY COUNCIL MEETING Port Angeles, Washington July 5, 1989 Mayor McPhee, Councilmen Gabriel, Haguewood, Hallett, Hordyk, Lemon, Sargent. None. Manager Flodstrom, Attorney Knutson, Clerk Maike, 0. Miller, B. Myers, B. Titus, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, C. Headrick, G. Kenworthy, K. Ridout, B. Coons. H. Fulkerson, Beil, J. A. Colompos, H. Riefenstahl, Wasankari. Consideration of Lease /Purchase Agreement for Medic I Ambulance -1- E. Brown, J. Webster, R. B. Govedich, J. VanOss, R. Forster, Uranga, K. C D. P. Brewer, S. Everett, L. L. Ross, Homann, J. Lyon, Wolfley, L. E. R. C. IV APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 20. 1989. AND SPECIAL MEETING OF JUNE 26. 1989 Councilman Sargent moved to accept and place on file the minutes of the regular meeting of June 20, 1989, and the special meeting of June 26, 1989, of the Port Angeles City Council. Councilman Hordyk seconded and the motion carried unanimously, with Councilman Lemon abstaining from the vote on the June 26th minutes as he was not present at that meeting. Councilman Hallett moved to approve the lease agreement and authorize the Mayor to sign the agreement. Councilman Sargent seconded. The agreement was with Chicago Corporation for the full purchase price of the Medic I ambulance for a 7 -year term at 8.75Z interest. Councilman Haguewood stated he was violently opposed to the leasing of the vehicle, as this method of financing only puts the City further in debt, stating he was opposed to the motion. Councilman Hallett requested that staff expand upon the reasoning for the lease option agreement. Director of Administrative Services Wolfe explained that since the original budgeting of this item, it had been the intention to lease the vehicle. Councilman Lemon asked why there was not a reserve fund built in anticipa- tion of this issue. Director Wolfe explained this vehicle replaces the original vehicle of the program and a reserve fund was not anticipated at the time. The Council and staff discussed at length different options which may be available for the purchase of the vehicle; the establishment of a policy which would allow reserve funds to be allocated; the Equipment Rental Fund as it pertains to the issue; and the request to discuss this issue during the budget hearing process in order to deal with future purchases. On call for the question, the motion carried, with Mayor McPhee, Councilmen Haguewood and Lemon voting "No VI CONSENT AGENDA Councilman Hordyk moved to accept the items as listed on the Consent Agenda, including: (1) Request from Thurston County to enter into an Intergovern- mental Purchase Agreement; (2) Request to invoke contract extension provisions of City's janitorial contract with Larry's Janitorial Service; (3) Vouchers of $1,265,152.73; and (4) Payroll of 6 -30 -89 of $249,302.90. Councilman Sargent seconded. Following a short discussion of the items as presented, the question was called and the motion carried unanimously. VII ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA Dave Brewer, 111 East 13th Street, requested the Council allow him to speak on Item 6 regarding the Sign Ordinance. Attorney Knutson pointed out this issue had already been discussed during the public hearing and no comments could be taken. Jack Martin, 3903 Nygren Place, requested to speak on Item 5 regarding McDougal Street improvements. Kirk Williams, 3606 McDougal, requested to speak on Item 5. Jack Lyon, 216 West 13th Street, wished to speak on Item 3, Solganic Services. Attorney Knutson pointed out the Planning Commission had held a public hearing on this issue and the Council would not be taking comments. Tony Hennings, 3415 McDougal, wished to speak on Item 5. Harold Govedich, 3909 Nygren Place, wished to speak on Item 5. CITY COUNCIL MEETING July 5, 1989 1391 Mark Fisher, 1221 East Second Street, asked if the Council would be discussing the Ediz Hook Park project. Councilman Hordyk stated this item was on the Council's Information Agenda and they would not be speaking to the issue. Councilman Haguewood requested Item 14 be added to the Agenda, a discussion of the timber industry welfare regarding the spotted owl issue. VIII LEGISLATION 1. Yard of the Month Yard of the Month awards for July, 1989, were presented by Mayor McPhee to the following: Jeff and Mavis Rosbach, 1638 West 14th Street; Miles and Eleanor Troyer, 2035 West Seventh Street; John and Rosemary Forster, 533 East Park; Richard Hanson and Sara Standley, 221 North Albert Street; Evert and Alma Nyman, 1133 East Second Street. Neighborhood of the Month: 1200 block of East Second Street: Lee and Jane Darling, 1203; Charles and Claire Turner, 1207; Alfred and Constance Pavlak,-. 1209; Robert and Alexis Sorensen, 1217; Mark and Jan Fischer, 1221; Vernon and Fay Basom, 1233; and Jack and Thelma King, 1229. 2. Public Hearines A. ZoninE Code Amendment ZCA- 89(06)6 Social Clubs and Fraternal OrEanizations in the CSD -C1 and C2 Districts Mayor McPhee opened the public hearing at 7:45 P.M. There being no public comment, he then closed the public hearing and read the Ordinance by title, entitled ORDINANCE NO. 2539 AN ORDINANCE of the City of Port Angeles adding certain conditional uses to the CSD -Cl and CSD -C2 Districts, and amending Section 7 of Ordinance 1709. -2- 1392 CITY COUNCIL MEETING July 5, 1989 Councilman Sargent moved to adopt the Ordinance as read by title. Councilman Gabriel seconded and the motion carried unanimously. B. Declare as Surplus Property. Lot 14. Block 51. TPA (Near intersection of Third and Valley) Mayor McPhee opened the public hearing at 7:47 P.M. There being no public comment, he then closed the public hearing. Councilman Lemon moved to declare surplus, Lot 14, Block 51, Townsite of Port Angeles, and set a minimum bid amount of $1,500. Councilman Sargent seconded. Councilman Hordyk stated this was unanimously approved by the Utility Advisory Committee. Mayor McPhee spoke in opposition, as he felt this site could be advantageous to the City in the future, as it has a potential use as a view site. On call for the question, the motion carried, with Mayor McPhee voting "No 3. Plannine Commission Minutes of June 28. 1989 A. Solaanic Services Conditional Use Permit CUP 89(04)7 Septaee Waste Treatment Site Mayor McPhee read a statement announcing the employee /employer relationship between himself and Councilman Lemon, requesting that anyone who was opposed to either one of them hearing this issue, so speak. There were no comments made. Councilman Sargent stated she had received a letter from the Clallam County Commissioners requesting the Council table this issue until such time as the Council could work with the Commissioners to review the available technology regarding septic and sludge management and environmental health risks and available regulatory controls. Councilman Sargent personally felt the Council needed more information. Councilman Sargent moved to table the issue and to set a meeting with the County Commissioners in which this would be the sole topic. Councilman Haguewood seconded. Mayor McPhee asked Attorney Knutson to brief the Council on the types of information that the Council can consider on this issue. Attorney Knutson stated on quasi judicial items, such as this, the appearance of fairness doctrine requires that the Council and the Planning Commission consider only material that is properly submitted during a public hearing process, or on staff reports. As quasi judicial decision makers, the Councilmembers, when presented with information that is not admitted into evidence, and must disregard this information and base their decision on the information provided during the proper proceedings. Following further discussion, Councilman Hordyk raised a point of order, stating the motion was non debatable. Councilman Sargent stated in view of the Attorney's comments she withdrew the motion. Councilman Haguewood withdrew his second. Councilman Lemon moved to concur with the Planning Commission recommendation to deny the Conditional Use Permit request, citing the following finding: (A) The proposed septage facility does not comply with the purpose of the Light Industrial Zone because the proposed use is not seen to be devoid of exterior nuisance factors upon surrounding lands. Councilman Gabriel seconded. Following a discussion of how this issue could pertain to the secondary treatment plant, Manager Flodstrom reminded the Council that the application must stand on its own merits and not on how it may affect issues in the future. The question was called and the motion carried unanimously. B. Acceptance of Minutes A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of West Third Street. 1393 CITY COUNCIL MEETING July 5, 1989 Councilman Gabriel moved to accept and place on file the Planning Commission minutes of June 28, 1989. Councilman Hallett seconded and the motion carried unanimously. 4. Street Vacation Reauest STV- 89(07)6 SNYDAL (portion of West Third Street) Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 17 -89 Councilman Hallett moved to set a public hearing for August 1, 1989, and that this request be referred to the Planning Commission for a hearing at the Planning Commission meeting of July 12, 1989, and to pass the Resolution as read by title. Councilman Sargent seconded and the motion carried unanimously. 5. Report on Neighborhood Meeting About McDougal Street Improvements (Tabled 6- 20 -89) Councilman Hordyk stated that he had been approached by Bud Myren in regard to the right -of -way easement; however, due to time constraints, he was not able to get together with Mr. Myren to speak further on the issue. Councilman Gabriel stated he had spoken to Mr. Myren and it was his opinion that Mr. Myren was favorable with regard to the right -of -way if the LID was to go through as approved by the residents. Jack Martin, 3903 Nygren Place, reviewed the history of McDougal Street up to the 1985 removal of the bituminous surface, and as a result of the removal of that surface, it was the neighborhood's feeling this made it an unsafe street. He requested the Council take some action for improvement of the road conditions. Harold Govedich, 3909 Nygren Place, felt the road problem was initiated when the Planning Commission allowed the development on an unsafe road. He stated the City should make some financial commitment. He discussed with the Council some of the citizens' major concerns regarding the surface of the road, the water problem, and his feeling of disgruntlement about the maintenance of the road. Mayor McPhee expressed his concern regarding the memorandum presented by staff outlining the cost of the maintenance of the road and several options available to the Council regarding the condition of the road. He requested the Council recess to executive session to discuss a potential litigation matter. Councilman Hallett objected. Council did not adjourn to executive session. Kirk Williams, 3606 McDougal Street, offered the Council and the City 235 feet of land for right -of -way easement in exchange for the cost of the LID assessment. His main concern was for the safety of the children in the area. The Council and staff discussed at length the issue of the water problem and the staff's ability to repair the problem, as well as whether a full or partial LID should be assessed. Manager Flodstrom suggested the staff and Council work toward some accept- able improvements with the neighborhood residents to put forth a more positive, cooperative approach. Councilman Hallett concurred, and suggested a committee be formed between two Councilmembers, staff, and representatives from the neighborhood. Councilmen Hallett and Hordyk were appointed to the committee. -4- CITY COUNCIL MEETING July 5, 1989 BREAK 1394 Mr. Williams requested the staff notify the neighbors of the issue. Tony Hennings, McDougal Street, stated he was opposed to the McDougal Street LID, as he was concerned that there was only one entrance /exit to the road. Larry Leonard, 1030 Olympus, spoke on the possibility of the City upgrading McDougal Street to an arterial and to try to receive other funding sources for the maintenance and upgrade of the road. Mayor McPhee directed Manager Flodstrom to contact Jack Martin regarding two neighborhood representatives, requesting that there be one person who supported the LID process and one who was opposed. No formal action was taken on this matter. Mayor McPhee recessed the meeting for a break at 8:45 P.M. The meeting reconvened at 9:00 P.M. 6. Discussion of Sign Ordinance Issues and Options Councilman Hordyk stated that he and Councilman Sargent had met with some representatives of the Downtown Association and there had been some consensus reached regarding this issue. He then moved that the revised Sign Ordinance be altered only to the extent that non conforming signs be grandfathered until the use or the business is altered, and the require- ments be stated in the Building Code. Additionally, that banners be allowed for thirty (30) days only. Councilman Lemon seconded. Councilman Lemon spoke in support of the thirty -day limitation on banners. Councilman Hallett asked the reason for the grandfather clause when all but six businesses have complied with the present Ordinance. Councilman Hordyk stated because he felt this courts in the present pending lawsuit. Councilman Hallett preferred to concur with and support of those people who have complied eight or nine years. issue would be resolved by the the majority, out of courtesy with the Ordinance in the past Councilman Hordyk amended the motion that the Attorney write the Ordinance to be reviewed by the City Council at the July 18th City Council meeting. Councilman Lemon concurred. Attorney Knutson pointed out that when the Council makes modifications to a Zoning Code amendment which has been recommended by the Planning Commission, the i,,ssue needs to return to the Planning Commission for its review and report. However, the statute does not specify whether another public hearing needs to be held at the Planning Commission level. Councilman Sargent said she has been working toward compromise in regard to this issue and although she would have preferred the approval of the revised Downtown Sign Code, as amended by the Planning Commission, she recognized that no solution would please everyone, and was in support of the motion. Mayor McPhee also stated he would be in support of the motion, in the interest of compromise, although he did not believe the Ordinance addressed all the issues. On call for the question, the motion carried, with Councilman Hallett voting "No" and Councilman Haguewood abstaining on an appearance of fairness. 7. Response to Roaer Reidel's Work Proeram /Employment Assistance Proeram Councilman Sargent moved to agree with the recommendation of staff to table the item until the July 18th City Council meeting, at which time staff can report back to the City Council concerning the results of the July llth meeting with the representatives of the State. Councilman Hallett seconded and the motion carried unanimously. -5- 8. Reouest from Arts In Action to Use Space in Old City Hall for Their Juried Art Show Councilman Sargent moved to allow the use of the front area of the old City Hall Building for the Arts In Action Juried Art Show from July 1st to the week following the Angeles Arts In Action. Councilman Lemon seconded. Attorney Knutson commented that in order for the City to avoid the consti- tutional prohibition against giving away City property and to be consistent in the use of the old City Hall facilities, the Council should authorize the Mayor or the City Manager to sign an agreement which would contain pro- visions which set forth the improvements to be done in consideration of the City allowing the use of the premises and to ensure that those improvements are acceptable to the City Manager; and also that the Council consider the requirement of insurance or the execution of a hold harmless provision in the same agreement. Councilman Sargent incorporated into her motion the requirements as stated by the Attorney to be set forth by the Attorney and the City Manager. Councilman Lemon concurred. On call for the question, the motion carried unanimously. 9. Reouest for Letter of Support for the Establishment of a D.W.I. Victims' Panel Mayor McPhee reported that local attorney Michael Hastings had contacted him several months ago in regard to a resolution to support a D.W.I. Victims' Panel in the sentencing of D.W.I. and alcohol offenders convicted in Clallam County. He believed this to be a worthy goal. Councilman Lemon moved that the Council prepare a Resolution in support of this activity and a letter of support be prepared by staff for the Mayor's signature. Councilman Sargent seconded and the motion carried unanimously. 10. Consideration of Utility Advisory Committee's Recommendation on Recently Imposed State Solid Waste Collection Tax Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2540 AN ORDINANCE of the City of Port Angeles decreasing the Landfill Disposal Rate and amending Section 1 of Ordinance 2436, Section 1 of Ordinance 2378, Section 1 of Ordinance 2354, Section 1 of Ordinance 2317, and Chapter 13.54 of the Port Angeles Municipal Code. Councilman Sargent moved to adopt the Ordinance as read by title. Councilman Lemon seconded. Councilman Sargent commented that this, in effect, will allow the City to pay the tax without increasing the Solid Waste rate. The motion carried unanimously. 11. Consideration of Utility Advisory Committee's Recommendation on Reducine Impacts of Increased Sewer Rates Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2541 AN ORDINANCE of the City of Port Angeles establishing rates for water service in the summer for residential use, amending Section 1 of Ordinance 2340, Chapter 6, Section 2, Ordinance 2323, and amending Chapter 13.44 of the Port Angeles Municipal Code. -6- 1395 CITY COUNCIL MEETING July 5, 1989 1396 CITY COUNCIL MEETING July 5, 1989 Councilman Lemon moved to adopt the Ordinance as read by title, and to instruct staff to begin promoting the alternate day watering program. Councilman Sargent seconded. Councilman Lemon stated this program was two -fold: The first component was to provide a layer of water consumption from 1,500 to 2,000 cubic feet per month free of charge, for the months of July and August, providing this layer would offset the negative impact of the recently enacted sewer rate increase on lawn watering. The other component was an effort on the part of the City to initiate an every- other -day watering program where residents with even numbered addresses would water on even numbered days, and odd numbered addresses on odd numbered days. Councilman Haguewood stated this is in addition to the lower summer watering rate and in order to maintain the level of water in the reservoirs, it would behoove the people to water on alternate days. Councilman Sargent pointed out that the alternate day watering also results in a significant reduction of cost in the Utility for pumping. The question was called and the motion carried unanimously. Councilman Hallett moved to publish the respective Ordinances by summary. Councilman Lemon seconded and the motion carried unanimously. 12. Consideration of Reauest from Parks Department for Funds to Repair Vandalized Restrooms at Erickson Playfield Councilman Hallett moved to concur with the recommendation that repairs to the vandalized restrooms at Erickson Playfield be undertaken as expedi- tiously as possible and the budget be amended by allocating $5,500 to the Parks Department budget specifically for those repairs. Councilman Sargent seconded. Councilman Haguewood suggested the Police Department wire the restroom with beepers to apprehend any culprits that vandalize restrooms. Assistant Police Chief Myers stated the Department has been discussing this issue and will continue exploration. On call for the question, the motion carried unanimously. 13. Consideration of Establishing a City "Centennial Committee" for Next Year's Centennial Councilman Hordyk was the Councilmember who had initiated this issue. However, he stated he wished to be relieved from the Committee, citing that several people had contacted him in regard to working on the Committee, namely Joyce Gonzales and Councilman Sargent. He suggested they work toward the formation of a Committee. Councilman Sargent stated she would research the issue further and bring more information to the Council at a later date. '4 14. Discussion of Timber Industry Welfare Councilman Haguewood suggested the City of Port Angeles should pass a resolution which urged the representatives of the House and the Senate to find some sort of middle ground regarding the issue of the timber industry and the spotted owl, as the City of Port Angeles is highly involved in the timber industry, and therefore should take a stand, as he could foresee a real problem with the issue. Mayor McPhee suggested a strongly worded letter be sent, as opposed to a resolution. Councilman Haguewood concurred. Mayor McPhee directed staff to prepare a letter to bring back to the Council for his signature at the July 18th City Council meeting. -7- CC.86 IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Manager Flodstrom stated the request from the Boy Scouts of America to use the house located on Peabody Street has been withdrawn, as there is no longer a need for the site. He also stated on July 14th there would be overnight camping occurring on Hollywood Beach as a result and part of the Indian Canoe Festival. X ADJOURN TO EXECUTIVE SESSION There was no need for an executive session. XI ADJOURNMENT Councilman Lemon moved for adjournment at 9:37 P.M. Councilman Gabriel seconded and the motion carried. The meeting adjourned at 9:37 P.M. AdV/eA (`Y Clerk a Mayor 1397 CITY COUNCIL MEETING July 5, 1989