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HomeMy WebLinkAboutMinutes 07/07/1992 2287 CITY COUNCIL MEETING Port Angeles, Washington July 7, 1992 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:05 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, Ostrowski, - Councilwoman Sargent, Councilmen Schueler and Wight. Metnbers Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, S. Ilk, D. Moroz, B. Becker, M. Campbell, K. Lindley, B. Coons, and K. Ridout. Library Board Representatives: L. Haas, J. Gouin, G. Stratton, and C. Whalley. School Board Representatives: J. Pope, T. Heindl, J. Shefler, K. Northrop, M. Crawford, M. Doherty, and K. Schemer. Public Present: D. Somers, B. Haselton. Consideration of Bond Mayor Hallett welcomed the representatives of the Port Angeles School District Issues Board and the North Olympic Library System Board. After introduction of those present, he indicated the purpose of this discussion was to consider the needs of each entity in terms of needed capital improvements via bond issues. It is hoped there can be a sharing of information so that each group is aware of the other's needs and can be mutually supportive. Mayor Hallett opened the discussion by reporting the City's need to replace the Fire Hall. It is known the School District would like to proceed with a special levy, and the Library Board is hoping to work with the City in the development of a new library for the Port Angeles area. It is important for the policy-makers to dialogue on the timing of the bond issues and to consider approaches which may be creative and cooperative. Jane Shefler, speaking on behalf of the School Board, reported the School Facilities Committee has been reactivated to review the bond issue and consider ways in which it will pass. There is a possibility of a School bond issue election in February, 1993; however, it is unknown at this time how much funding will be requested. The suggestion has been made for the bond issue to be phased. Discussion followed with clarification being offered concerning the School District's operation and maintenance levy. Councilwoman Sargent recognized the success of each one of the bond issues as being extremely itnportant and, tbr that reason, timing of the elections is equally impor ~tant. Councilman Nicholson felt it ill advised to have any bond issue elections conducted concurrently. He, therefore, suggested the City proceed with a Fire Hall bond issue in September, 1992; a School District bond issue in February, 1993; and the Library bond issue in September, 1993. Consideration was given to the level of funding needed, although it was realized the figures are approximations at this point: Cily Fire Hall - less than $2 million, School District - $26.7 million (may be phar~xl); and Library - $3.5 million. It was agreed that the issues must be spread out in a manner such that the taxpayers wouldregard them as reasonable and feasible. Further, commentaries were made concerning the need to fully educate the voting public on the issues, needs and benefits provided because of successful bond issues. Consensus was reached that a spirit of cooperation throughout these endeavors is of utmost importance. -1- 2288 CITY COUNCIL MEETING July 7, 1992 Consideration of Bond Lengthy discussion was held about election timing, possible Council initiative bonds, Issues (Continued) the issue of City bond issues funding services for County residents, and the legal ramifications of joining School, Library and Peninsula College efforts for library services. John Pope felt the issue was worthy of consideration and further pursuit. The suggestion was made that, perhaps, the Legislature might need to be involved to help pave the way for joint efforts such as this. Cooperative use of facilities was also suggested as a possible means of cost effectiveness and efficiencies. It was pointed out that consideration must be given to the disposition of and alternate uses for vacated facilities, such as the Library and the Senior Center. Based on a suggestion submitted, Mayor Hallett indicated the City will gladly appoint a representative to the School Facilities Committee. Further, he felt it worthwhile to explore the possibility of other taxing authorities being party to these efforts where appropriate. After further limited discussion, Mayor Hallett expressed appreciation for the open dialogue and urged ongoing discussions of this nature. CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:10 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilman Schueler moved to approve the minutes of the regular meeting of MINUTES: the City Council of June 16, 1992. Councilwoman Sargent seconded the motion, which carried unanimously. Councilman Ostrowski moved to approve the minutes of the special meeting of the City Council of June 25, 1992. Councilman Braun [?] seconded the motion, which carried 5 - 0, with Mayor Hallett and Councilman Schueler abstaining. Councilman Braun moved to approve the minutes of the special meeting of the City Council of June 30, 1992. Councilwoman Sargent seconded the motion, which carried unanimously. CEREMONIAL 1. Recognition of Carl Alexander, Jr., and letter of resignation MATTERS/ PROCLAMATIONS: This item was deferred to the July 21st Council meeting. Recognition of Carl Alexander, Jr. Yard of the Month 2. Yard of the month - July, 1992 Awards The following were honored with Yard of the Month awards for July, 1992: Wilma Poppe, 1120 West 15th; Richard & Jarmette Johnson, 1914 Hamilton Way; Harry & Rita Hagadom, 820 Lauridsen; Vickie & Mitch Elliott, 2309 South Peabody; and Jack & Leone McDonald, 1320 East Fourth. CITY COUNCIL Mayor Hallett announced there is a hearing being conducted at this moment by COMMITTEE Senator Slade Gorton on the Endangered Species Act at Peninsula College. Council REPORTS: would like to excuse a Councilmember to attend that meeting and deliver to Senator Gorton a letter from the City Council regarding the legislation on which the City is being asked to provide input on the Elwha River Ecosystem and Fisheries Restoration Act. He then read the letter, copies of which were distributed to the individual Councilmembers. Mayor Hallett invited a motion to approve the letter and affix signatures. Councilman Wight moved to approve the letter as read by Mayor Hallett. Councilman Braun seconded the motion, which carried unanimously. Councilman Wight was then excused from the Council and directed to deliver the signed letter to Senator Gorton at Peninsula College. Councilman Wight asked for permission to deliver copies of the Resolution on the Endangered Species Act which was previously passed by the Council. This was acceptable. -2- 2289 CITY COUNCIL MEETING July 7, 1992 CITY COUNCIL Councilwoman Sargent asked Attorney Knutson if it would be possible to suspend COMMITTEE the reminder of the agenda for all Councilmembers to proceed to the College. REPORTS: Since there were no scheduled public hearings, Attorney Knutson indicated this could (Continued) be done. Councilwoman Sargent then moved to suspend the remainder of the agenda for an indeterminate period of time for all Councilmembers to go to the College to deliver the letter to Senator Gorton, after which, return to the Council Chambers and continue with the agenda. Councilman Schueler seconded the motion. It was suggested that someone go to the College to see if the entire Council could get on the agenda, and advise the Council as to the outcome. Councilwoman Sargent and Councilman Schueler accepted the suggestion as an amendment to the motion. A vote was taken on the amended motion which carried unanimously. Councilman Wight, Police Chief Ilk, and Fire Chief Glenn then - departed from the meeting. Continuing with the meeting, Councilman Braun reported on a Real Estate Committee meeting, items from which will be forthcoming. Councilwoman Sargent reported attending the AWC Convention and was elected to the Board. She has attended numerous other meetings: Senior Community Center, Library bond, and Growth Management. Councilman Schueler reported on a meeting of the Health Advisory Committee. There was extensive discussion about septage and concerns about how it will be dealt with. Councilman Nicholson suggested extending heartiest congratulations to Deputy Mayor Sargent for being elected to the Board of the Association of Washington Cities. The Council voiced its congratulations, for which Councilwoman Sargent offered thanks. FINANCE: 1. Progress Payment #1 to Primo Construction for VBMCC Remodel of $76,060.96, plus retainage of $3,699.46 VBMCC Remodel Councilman Ostrowski moved to approve progress payment #1 to Primo Construction for the Vern Burton remodel of $76,060.96, plus retainage of $3,699.46. Councilwoman Sargent seconded the motion. Councilwoman Sargent asked if the construction is on target with the remodel to which Director of Public Works Pittis responded as of Monday, Primo is slightly ahead of schedule. A vote was taken on the motion which carried 6 - 0. CONSENT AGENDA: Councilman Nicholson moved to accept the items on the Consent Agenda, including: (1) Authorization for Mayor to sign contract with Clallam County Rural Fire Protection District Two for dispatch services; (2) Travel request for City Light Engineering Manager to attend a Power Transformer seminar in Milwaukee, Wisconsin; (3) Correspondence from Washington State Liquor Control Board; (4) Concept Administrators 1992 payments of $398,769.57; (5) Payroll for June 21, 1992 of $313,663.60; and (6) Vouchers for July 7, 1992 of $2,723,177.22. Councilman Braun seconded the motion. .- Councilwoman Sargent asked Finance Director Godbey to look into the issuance of four checks which appear to be duplications of two payments. Director Godbey indicated they checks are, in fact, duplicates and appropriate measures are being taken to correct the situation. Council agreed to have future voucher lists reflecting charges by department. It was not be necessary to provide a list organized by vendor names. A vote was taken on the motion which carried 6 - 0. -3- 2290 CITY COUNCIL MEETING July 7, 1992 ITEMS FROM TIlE There were no comments from the audience, Council or staff. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: Nebert Bros. Request Nebert Bros. request for Zoning Code Amendment for Zoning Code Amendment Mayor Hallett reviewed the information provided by the Planning Department relating to a request to place a sign on the side of a Nebert Bros. building located at 1233 East 1st Street. Earl Nebert, 2217 Bagley Creek Road, explained the situation: replacement of a sign which has been on the same wall for at least ten years. The building has been ~' painted, and they wish to paint a sign on the same wall, not the same as was there before, but an attractive sign. In his opinion, there are at least fourteen illegal signs on First Street between Lincoln Street and his place of business which appear to have signs on the sides of the buildings, rather than facing the street. Discussion followed about existing, non-conforming signs. However, Planning Director Collins offered clarification in that Mr. Nebert's sign was a pre-existing, conforming use which is now non-conforming due to a recent Zoning Code amendment. Attorney Knutson explained that case law holds that non-conforming uses are not favored by the courts but that Nebert's sign was removed before the recent zoning code amendment so there is now no existing non-conformance in any event. Rather, a new sign would simply be prohibited by the amended regulations. The question was posed as to whether the City is selectively enforcing the Code to which Director Collins indicated it is not. He indicated there are fewer than fourteen non-conforming signs, none of which have been added since the time of the Zoning Code amendment. Following questions from Council and discussion with staff, Councilman Braun moved that a Zoning Code Amendment was not necessary and the previous sign should be allowed. Councilwoman Sargent seconded the motion. Director Collins indicated the matter would be returned to the Planning Department for an interpretation. Following brief discussion, the motion carried 6-0. Recess Mayor Hallett recessed the meeting at 7:55 p.m. for Re Council to attend :the, ~6fn'lSr~t~l~'tl~e-flg~ffib"er~ll~ffr~ t~ the Council Chambers to conclude the I~~ meeting. The meeting reconvened at 8:30 p.m. LEGISLATION: A. Public Hearings Public Heatings None. Correction to B. Ordinances not requiring public hearings: Ordinance No. 2678 - Ordinance No. 2695 1. Correction to Ordinance No. 2678 Mayor Hallett reviewed the information provided relating to the need of the amendatory ordinance. He then read the Ordinance by title, entitled: ORDINANCE NO. 2695 AN ORDINANCE of the City of Port Angeles amending Ordinance No. 2678 to correct an error in the legal description of a vacated alley. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. 2291 CITY COUNCIL MEETING July 7, 1992 Legislation: 2. Repeal of ordinance requiring bond for surety protection for workers (Continued) compensation Repeal of ordinance Mayor Hallett reviewed the information provided relating to the surety bond no requiring bond for longer required for protection for workers compensation. He then read the surety protection for Ordinance by title, entitled: workers compensation- Ordinance No. 2696 ORDINANCE NO. 2696 AN ORDINANCE of the City of Port Angeles, Washington, repealing the surety bond requirement for self-insured workers compensation obligations and repealing sub-section 3(b) of Ordinance 2087 and Section 3.30.050 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by rifle. Councilman Braun seconded the motion. Councilwoman Sargent complimented Bill Henderson, Senior Risk Analyst, for his job performance. A vote was taken on the motion which carried unanimously. Revision to public 3. Revision to public oJ~cials bonds officials bonds - Ordinance No. 2697 Mayor Hallett reviewed the information provided and read the Ordinance by title, entitled: ORDINANCE NO. 2697 AN ORDINANCE of the City of Port Angeles, Washington, requiring surety bonds for certain officers and employees of the City of Port Angeles, amending Section 1 of Ordinance 1017 and amending Section 2.44.020 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilwoman Sargent seconded the motion, which carried unanimously. Public Nuisances - C. Resolutions requiring public comment Resolution No. 20-92 1. Consideration of Public Nuisances Staff provided Council with a revised Exhibit *A* list of public nuisances. Mayor Hallett inquired as to whether there was any public comment pertinent to these properties. There being none, he read the Resolution by title, entitled: RESOLUTION NO. 20-92 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. Councilman Braun moved to pass the Resolution as read by rifle. Councilwoman Sargent seconded the motion. Councilwoman Sargent commented that the two properties remaining on the list are repeat offenders and out-of-town property owners. Discussion ensued about the fact that property owners are responsible for care of the planting strips, i.e., the public rights-of-way. However, Deputy Director of Public Works Ridout indicated the City may need to assist in mowing the right-of-way. A vote was taken on the motion which carried unanimously. -5- 2292 CITY COUNCIL MEETING July 7, 1992 Legislation: D. Resolutions not requiring public hearings (Continued) 1. Amending Personnel Policies and Procedures related to travel, tuition Personnel Policies and reimbursement, recruitment and business expenses, and donation of paid Procedures - leave for catastrophic illness Resolution No. 21-92 Mayor Hallett reviewed the information and read the Resolution by title, entitled: RESOLUTION NO. 21-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the City Personnel Policy and Procedures for City employees. Councilman Nicholson moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried unanimously. Authorizing Grant 2. Authorizing grant applications: Applications: a. to replace pier floats Pier Floats - Resolution No. 22-92 Mayor Hallett reviewed the information provided and read the Resolution by title, entitled: RESOLUTION NO. 22-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing an application for funding assistance to the Interagency Committee for Outdoor Recreation for renovation of City Pier floats as an outdoor recreation project, as provided by the Marine Recreation Land Act. Councilman Braun moved to pass the Resolution as read by title. Councilwoman Sargent seconded the motion, which carried unanimously. Wetlands - b. to purchase wetlands Resolution No. 23-92 Mayor Hallett reviewed the information provided and read the Resolution by title, entitled: RESOLUTION NO. 23-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing application for funding assistance to the Department of Natural Resources for wetlands acquisition as an aquatic lands enhancement account Project. Councilman Ostrowski moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried unanimously. -6- 2293 CITY COUNCIL MEETING July 7, 1992 Legislation: c. to extend Waterfront Trail from Francis Street to ITT Rayonier mill (Continued) Mayor Hallett reviewed the information provided and read the Resolution by title, Extend Waterfront Trail entitled: from Francis Street to ITl' Rayonier Mill - RESOLUTION NO. 24-92 Resolution No. 24-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing application for funding assistance to the Department of Natural Resources for extension of the Waterfront Trail as an aquatic lands enhancement account project. Councilman Schueler moved to pass the Resolution as read by rifle. Councilwoman Sargent seconded the motion which carried unanimously. Six-Year Transportation 3. Setting public hearing on 6-year Transportation Improvement Plan Improvement Plan - Resolution No. 25-92 Mayor Hallett reviewed the information provided by the Department of Public Works. He then read the Resolution by title, entitled: RESOLUTION NO. 25-92 A RESOLUTION of the City of Port Angeles setting a hearing date for review of its six-year transportation improvement program. Councilwoman Sargent moved to pass the Resolution as read by title. Councilman Schueler seconded the motion, which carried unanimously. Discussion followed with Public Works Director Pittis reporting the Transportation Improvement Program, in the future, must comply with requirements of the Growth Management Act in terms of financing infrastructure. As the City proceeds in establishing priorities in this regard, the Council may return to the TIP and make whatever adjustments deemed necessary. E. Planning Commission minutes/action items None. Elwha Dam/Ediz Hook F. Other Considerations 1. Elwha Dam/Ediz Hook Mayor Hallett reviewed a letter inviting the City to testify at a July 9 Congressional Subcommittee hearing in Washington, D.C. on the Elwha River Ecosystem and Fisheries Restoration Act. Councilman Wight reviewed what had been accomplished thus far, and his understanding that the bill which the Committee will consider at the hearing may be the original language, not containing the amendments the City has worked so diligently to include. He originally thought the City had made its points sufficiently to not warrant further expenses incurred by another trip to Washington. However, in view of the fact certain specific and important language has not been included, his opinion has changed to that which requires another trip with continued effort to protect the City in all areas. Councilman Wight then moved to authorize the City Manager and Mayor to testify at the hearing on the Elwha River Ecosystem and Fisheries Restoration Act in Washington, DC. Councilman Braun seconded the motion. Lengthy discussion ensued with Councilmembers voicing unhappiness with the process incorporated to date by the Washington delegation. Exception was taken to the last minute invitations extended for input with associated short response timeframes. Attorney Knutson summarized the Mayor's testimony, which has -7- 2294 CITY COUNCIL MEETING July 7, 1992 Legilation: already been sent to the Congressional Subcommittees. He noted that the previous (Continued) hearings had been attended by the Mayor, as well as another Council representative. However, for this particular heating, only one spokesman has been invited. Elwha Dams/Ediz Hook Following further lengthy discussion, the vote was taken on the motion, which (Continued) carried 6 - 1, with Councilman Schueler voting in opposition. Visit to ITT 2. Visit to ITT Headquarters Headquarters Mayor Hallett reviewed the information provided. Councilwoman Sargent moved to designate City Manager Pomeranz as representative for the City at the PR meeting planned July 23rd in ITT Headquarters at Stamford, Connecticut. She added that ITT is very important, being the biggest industrial employer in the County. A vote was taken on the motion, which carried unanimously. Army National Guard 3. Letter from Tom Galbraith, Washington Army National Guard, concerning closure of Ist Battalion, 803rd Armor Mayor Hallett reviewed the information provided. Councilwoman Sargent moved to write a letter to the Washington Army National Guard, expressing the City's concern and disappointment in the impending closure. Earlier this year, when the General was in town, testimony was received from members of the Port Angeles detachment. Councilman Nicholson seconded the motion, which carried unanimously. Conditional Use Permit 5. Conditional Use Permit decisions and appeal notification Decisions and Appeal Notification This matter was deferred to a future meeting. Northeast Energy 6. Request to authorize City Light Director to enter into a coordination plan Services Conservation with Northeast Energy Services to provide conservation related services to Plan our industrial customers Mayor Hallett reviewed the information provided. Councilwoman Sargent moved to enter into a coordination plan with Northeast Energy Services to provide conservation related services to the City's industrial customers. Councilman Wight seconded the motion, which carried unanimously. Water Comprehensive 7. Consultant selection for Water Comprehensive Plan Plan Consultant Mayor Hallett reviewed the information provided. Councilman Ostrowski moved to authorize the Public Works Department to negotiate a scope of work with CH2M/Hill and a contract to provide engineering services for the update of the Water Comprehensive Plan. Councilwoman Sargent seconded the motion. Discussion was held concerning the possible use of Morse Creek for public parks irrigation purposes. The question was raised as to whether any possibility exists of others sharing in the cost. Public Works Director Pittis indicated there may be some cost sharing if it is proven that mutual benefits exist. A vote was taken on the motion which carried unanimously. Hazardous Waste 8. Request for fututs for Hazardous Waste Amnesty Day Amnesty Day Funds Mayor Hallett reviewed the information provided. Councilman Schueler moved · that a special appropriation of funds in the amount of $4,567 be made to provide the City's share of the cost for Hazardous Waste Amnesty Day. Councilman Braun seconded the motion. Councilwoman Sargent suggested budgeting for this next year. Following discussion, the vote was taken and the motion carried unanimously. Purchase of 9. Purchase of "Greenery Parking Lot ~ NGreenery Parking Lotw Mayor Hallett reviewed the information provided. Councilman Nicholson suggested the matter be returned to the Real Estate Committee with the additional information, for its recommendation. Councilman Wight responded the Real Estate Committee had taken all facets into consideration in its review of this possible purchase. Additionally, he considers this an opportunity the City probably should not miss. -8- 2295 CITY COUNCIL MEETING July 7, 1992 Legislation: Deputy Director of Public Works Ridout advised the lease expires in 1996 and the (Continued) property could be sold now, subject to the lease. With respect to the party wall agreement, the City may wish to retain the agreement which relates to the walls on Purchase of each side of the parking lot over which the owners of the buildings containing them "Greenery Parking Lot" have control. (Continued): Councilman Wight moved to proceed with the purchase agreement under the terms set forth in conjunction with the Downtown Parking Association. Councilman Nicholson seconded the motion. Following brief discussion, the vote was taken and the motion carried unanimously. Purchase of 10. Purchase of property by the Landfill Property by the Landfill Mayor Hallett reviewed the information provided. Councilman Braun moved to purchase the 3.7 acres from Mr. Starks for the total of $13,550. Councilwoman Sargent seconded the motion. After discussion concerning the specific location of the property and the value of the timber on the property, a vote was taken on the motion which carried unanimously. Surplus of Property 11. Surplus of property on Lauridsen Boulevard Mayor Hallett reviewed the information provided. Councilwoman Sargent moved to declare the referenced property on Lauridsen Boulevard, adjacent to the Lauridsen Group Home, surplus and authorize the sale of said property to Diversified Industries for $1 per square foot. Councilman Braun seconded the motion, which carried unanimously. Grants and Loans 12. Status on Grants and Loans Mayor Hallett reviewed the information, which was provided for infor~_tiona~o~.~t~D~rb~__ Councilwoman Sargent expressed her thanks for the informatio~/[- ~nanager6k0,~, Pomeranz indicated the pursuit of grants and loans was an established goal of the~ City Council. He advised the Council that an update of the Goals & Objectives will be prepared for the next meeting. Councilman Ostrowski reminded the Council that there is a tree farm tour next Wednesday, sponsored by Merrill & Ring, and hoped the Council would take advantage of the invitation. Councilman Wight commented on the admirable fashion Council and staff have dealt with the multitude of difficult issues facing the City over the past several months. Councilman Braun expressed appreciation to Bill Henderson for the update on the health of Dale Miller. Councilmen Schueler and Nicholson announced they will be on vacation during the next two Council meetings. Councilman Wight indicated he will be out of town during the next Utility Advisory Committee meeting. ADJOURNMENT: The meeting adjourned at 9:42 p.m. -9-