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HomeMy WebLinkAboutMinutes 09/03/1985 I I I ...._~. \ CITY COUNCIL MEETING Port Angeles, Washington September 3, 1985 I CALL TO ORDER Mayor Whidden called the meeting to order at 7:00 P.M. II ROLL CALL Members Present: Mayor Whidden, Councilmen Gerberding, Haguewood, Hordyk, Quast, Schermer, atamon. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson, P. Carr, M. Cleland, R. Saville, J. Marsh, L. Glenn, J. Pittis, R. Orton, A. Rose, V. Clay, G. Booth. Public Present: S. Fahnestock, J. Fairchild, D. Vautier, L. Ross, D. Quast. .. II I MINUTES Councilman Hordyk moved the Council accept and place on file as received the minutes of the August 20, 1985, meeting. Councilman Gerberding seconded. Councilman Stamon noted under "Items from the City Council to be placed on the Agenda", the cleanup was along the beaches of the four coastal counties, rather than the Strait. She also noted that the executive session ended at 11:25 P.M., rather than 10:25 P.M. Councilman Gerberding noted, under VII, Item 3-B, Conditional Use Permit for the Port Angeles School District tennis courts; although it was not made a condition, parking had been discussed and Mr. Lang had indicated that some sort of parking arrangements would be made. On call for the question, the motion carried with Councilman Quast abstaining, as he had not attended the previous meeting. IV CONSENT AGENDA Councilman Gerberding moved the Council accept the items listed under the Consent Agenda, including (1) Request permission to call for bids on resurfacing Erickson Park tennis courts; (2) Correspondence from the Washington State Liquor Control Board; and (3) Vouchers of $119,862.06 and Payroll of 8-25-85 of $215,572.22. Councilman Schermer seconded. Following discussion of the material to be used for resurfacing Erickson Tennis Courts, on call for the question the motion carried. V FINANCE 1. Excavation and Gravel processing at City Landfill Authorized to Negotiate with Lakeside Industries Public Works Councilman Schermer moved to authorize Public Works to enter into negotia- tions with Lakeside Industries to develop a contract for the Council's consideration at a later date. Councilman Quast seconded. Following discussion, on call for the question the motion carried. 2. Payment to Riddell, Williams Authorized Councilman Quast moved to approve payment of the August 15, 1985, Riddell, Williams bill in the amount of $1,278.60. Councilman Schermer seconded and the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA Councilman Stamon placed Item No. 11, "Get the Drift" Day Proclamation on the agenda. 393 394 City Council Meeting September 3, 1985 VII LEGISLATION 1. Parking and Business Improvement Area Original Boundaries Accepted - PBIA Ordinance Effective September 4, 1985 Manager F1odstrom presented two additional letters to the Mayor and Council regarding the PBIA; one from C. T. Walrath, an attorney with a downtown office, the other from the Port Angeles Downtown Association. Both letters opposed deletion of the south side of First Street from Cherry to Valley, including Jackpot Gas and Deli. Manager Flodstrom also referred to a I request for exemption from the PBIA, received from Evergreen Meats, 235 West First Street. Joyce Chaisson, owner of Evergreen Meats, then addressed the Council, opposing inclusion of her business in the PBIA since she provides 100% of her own parking. She stated her parking lot is also used by the public and by customers from surrounding businesses. She was opposed to the exclusion of the Jackpot Gas Station and Deli and property owned by the Port from the PBIA. Councilman Gerberding explained these properties had not been excluded; the proposed exclusion was under consideration tonight. Robert Spencer, owner of Spencer I s Auto Body and Repair, 322 West First Street, then addressed the Council. Mr. Spencer was opposed to the inclusion of this area in the PBIA. He felt the heavy industrial uses in the area made it less desirable. He felt the assessment would therefore be unfair. Upon inquiry from Councilman Stamon, Mr. Spencer answered that additional beautification in the area would not be acceptable to him until the heavy industrial uses were removed. Jean Fairchild from the Downtown Association then addressed the Council, stating that funds from the PBIA were not only for parking; that perhaps they could be used for rezoning this area from heavy industrial to another use. She stated the Downtown Association truly would like to see a unified Downtown that leads from Lincoln Street to Valley Street. Jerry Cornell then addressed the Council, supporting exclusion of this area from the I PBIA. He felt it was questionable whether these people would benefit as much as they would be assessed. Manager Flodstrom suggested that if the Council chose to accept the PBIA as originally proposed, including all the businesses to Valley Street, the Council might formalize a commitment to pursue a rezone of the industrial property to CBD; to amend the Parking Ordinance; and to enhance the area through beautification, similar to that of other areas. He stated the agreement with the Port Angeles Downtown Association could include those provisions. During discussion with Coun- cilman Quast, Manager Flodstrom emphasized that the Port of Port Angeles has indicated they are not opposed to being included in the PBIA, but they have taken a neutral position, feeling the decision on boundaries ought to be made by the private business sector. Councilman Quast felt the Port of Port Angeles and the Jackpot Gas and Deli should be included in the PBIA. Councilman Quast supported acceptance of the PBIA with the originally established boundaries, suggesting that within the first two years of the establishment of the PBIA there be preferential treatment of the western sector through upgrading and beautification, including new planter boxes and trash receptacles. Councilman Gerberding concurred, supporting addressing the concerns of the west end when the contract is entered into. Councilman Schermer also supported inclusion of the entire area. Councilman Stamon concurred, suggesting the City and the Downtown Association become innovative in promoting the development of the western end of Downtown. Councilman Quast suggested the Planning Commis- sion consider a rezone to CBD. Councilman Gerberding confirmed with City I Planner Carr that the Council would be receiving a proposed amended parking ordinance soon. Councilman Schermer suggested the Planning Commission consider the triangle ending at Valley Street as a first step in a rezone to CBD. Following discussion with staff, the Council concurred to allow Ordinance No. 2351 to become effective, without amendment to the boundaries, on September 4, 1985. Councilman Quast then moved to instruct staff to give Council a periodic update as to the improvements, especially in this western secto~ of the new PBIA area. Councilman Schermer seconded. On call for the question, the motion carried, with Councilman Haguewood abstaining. I -I \ I City Council Meeting September 3, 1985 2. Resolution Passed Accepting Offer to Purchase City Hall Bonds Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 27-85 A RESOLUTION of the City Council of the City of Port Angeles, Washington, accepting the offer of Boettcher & Company to purchase the $2,400,000 aggregate principal amount of the Limited Tax General Obligation Bonds, 1985, of the City. Councilman Schermer moved to cilman Gerberding seconded Haguewood voting "No". pass the Resolution as read by title. Coun- and the motion carried, with Councilman 3. Preliminary Assessment Roll for Sidewalk Reconstruction Adopted Mayor Whidden opened the hearing and asked if there were members of the audience to speak to the matter at hand. There were none. Mayor Whidden therefore closed the hearing. Councilman Stamon moved to adopt the assessment roll and order the recon- struction of the sidewalks (502 East First Street, 721 and 813 East Front Street) within thirty days as recommended in the staff report dated Sep- tember 3, 1985. Councilman Schermer seconded and the motion carried. 4. Resolution Passed - Abatement of Overgrown Lots - Public Nuisances Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 28-85 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 Quast moved to pass the Resolution as read by title. Councilman Stamon seconded. Due to a typographical error on Exhibit 65, Councilman Schermer suggested a new letter be sent to the property owner. Upon recommendation from the City Attorney, Councilman Quast included in the motion that the problem listed in Exhibit 65 was overgrown shrubberies, rather than overgrown strawberries; that Number 65 be brought back before the Council should there have been a misunderstanding by the property owner. During discussion, it was determined that the Public works Depart- ment would contact the owner of the property to ascertain if there was a misunderstanding as to the nature of the problem, due to the typographical error. It was determined that if there were a misunderstanding, more time would be allowed the property owner to abate the public nuisance prior to City action. On call for the question, the motion carried. 5. Cost-Sharing Amendments to BPA Conservation Contract Authorized Mayor Whidden read the first Resolution by title, entitled RESOLUTION NO. 29-85 A RESOLUTION of the City of Port Angeles authorizing the Mayor and City Clerk to execute Amendatory Agreement No. 4 to Contract No. DE-MS79-83BP91499 between the City of Port Angeles and the United States Department of Energy, Bonneville Power Administration. Councilman Hordyk moved to pass the Resolution as read by title. Council- man Stamon seconded and the motion carried. Mayor Whidden read the second Resolution by title, entitled 395 396 City Council Meeting September 3, 1985 RESOLUTION NO. 30-85 A RESOLUTION of the City of Port Angeles authorizing the Mayor and City Clerk to execute Amendatory Agreement No. 14 to Contract No. DE-MS79-83BP91362 between the City of Port Angeles and the United States Department of Energy, Bonneville Power Administration. Councilman Hordyk moved to pass the Resolution as read by title. Council- I man Gerberding seconded and the motion carried. 6. Continued WPAG Representative Contracts with Economic and Engineering Services and WilliamS/Novak/Hansen - Authorized Councilman Hordyk moved to authorize the Mayor to sign the agreements with Economic & Engineering Services, Inc., and Williams/Novak/Hansen with a limit of $1,000. Councilman Gerberding seconded. Following discussion, on call for the question, the motion carried. 7. Morse Creek Hydro Project Engineering Contract Authorized - Schuchart & Associates Following a review by Mayor Whidden of staff's recommendation, and confirma- tion from Manager F1odstrom that money for this project was included in the 1985 Budget, Councilman Schermer moved to authorize the Mayor to sign the contract with Schuchart & Associates for an amount not to exceed $150,000. Councilman Gerberding seconded and the motion carried. 8. Morse Creek Access Easment Executed - Whittys Councilman Gerberding moved to authorize the Mayor to execute the easement agreement. Councilman Stamon seconded, amending the motion to instruct staff to send a thank you letter to the Whittys for their cooperation in this matter. Councilman Gerberding concurred. Councilman Quast commended staff for the fine job they are doing. Following discussion with staff, on call for the question, the motion carried. L i ' 9. Ci ty' s Insurance - Staff Allowed to Temporarily Withdraw from the Insurance Market Administrative Services Director Orton addressed the Council. He reviewed with the Council a memorandum stating the renewal price for excess liabil- ity and property policies was four times that of the prior year's premium. Director Orton hoped that giving some immunity back and putting caps on some of the City's liability could be attacked in the 1986 and 1987 legis- lative sessions to protect the City from second and third party lawsuits. Councilman Quast stated that the "City" is really taxpayers. He felt it should be made clear to the public that there is an element within the public which frivilously sues the taxpayers of the City of Port Angeles. Finance Director Orton agreed, stating that this was very basic to the problem of rates increasing so drastically. During lengthy discussion of the matter, Councilman Gerberding added the recommendation that pursuit of liability caps and increased immunity should be begun now, rather than waiting for the 1986-1987 legislative session. Finance Director Orton stated that he, the City Manager and the Risk Manager would be attending a public hearing in Seattle in the near future on this subject. He stated a number of public hearings are being held I across the State. Councilman Quast suggested the City countersue in some situations. He stated that litigation is customarily discussed in executive session and felt maybe the City Council should be more open in who is suing the City, what they are suing the City for, and what attorneys are involved in these lawsuits so the taxpayers know who is responsible. Councilman Schermer moved to support staff's position and allow the City to temporarily withdraw from the insurance market while continuing to pursue a more equitable and economical insurance package through the marketplace. Councilman Gerberding seconded. Councilman Stamon added that the City now has effectively put people on notice that the citizens of Port Angeles are I I I City Council Meeting September 3, 1985 not a "deep pocket" to be sued frivolously. Following further discussion, on call for the question, the motion carried. la. Ediz Hook Annexation Ordinance Adopted Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2355 AN ORDINANCE of the City of Port Angeles annexing Federally owned land on Ediz Hook and adjacent tidelands and harbor area. councilman Quast moved to adopt the Ordinance as read by title. Councilman Gerberding seconded. Following discussion, on call for the question, the motion carried. The Council commended the U. S. Coast Guard Commandant, the Legislature, and the City Attorney for their very fine and cooperative attitude in bringing this annexation about. 11. "Get the Drift" Day Proclamation Mayor Whidden proclaimed September 21, 1985, as "Get the Drift" Day. Mayor Whidden, along with other members of the City Council extended an invita- tion to interested citizens to join in a Clean-up of our City beaches. Councilman Stamon noted there would be further information forthcoming and encouraged volunteers to come forward. VIII LATE ITEMS Manager Flodstrom referred to the Shoreline Permit authorized by the Coun- cil to British Petroleum. He then deferred to City planner Carr, who presented sampres of coverings for the storage tanks for the Council's review. Following review, Councilman Gerberding moved to accept eit~er or both of the samples displayed. Councilman Stamon seconded. On call for the question, the motion carried, with Councilman Hordyk voting "No". Manager Flodstrom and the Council scheduled a work session to consider the Council's Goals and Objectives for Saturday, September 7, 19B5, from 8 AM until 12 Noon. IX ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA Councilman Stamon directed the attention of those in attendance to the mechanized collection implementation report included in the Information Agenda, recommending the reading of this report. She stated that it indicated a 368% increase in efficiency in terms of man-hours spent for tons collected, as well as a tremendous increase in the amount of cardboard and materials we are now able to recycle. Councilman Stamon then referred to a memo of appreciation to City Light staff for recent restoration of computer operations. She specifically thanked Richard French, Pete Alexander and Tom Sperline for their innovative and creative solution to the problem. Councilman Quast discussed with the Police Chief a parking problem with log trucks at Campbell Avenue. He requested the problem be monitored. public Works Director Pittis suggested the possibility of placing a load limit on residential streets. Councilman Schermer inquired of City Planner Carr if there had been any resolution of the parking problem on the 8/9 alley west of Lincoln. City Planner Carr stated there had been no resolution at this point. Councilman Stamon referred to an article she had read regarding possible Federal legislation to alleviate the problems facing governments with respect to the recent ruling on Fair Labor Standards and comp time. She 397 398 City Council Meeting September 3, 1985 instructed staff to prepare a letter to our government representatives requesting they make that a high priority item. Attorney Knutson stated staff is in the process of drafting a letter of this nature for the Mayor's signature. Mayor Whidden referred to a "thank you" that had been sent to Jack Pittis, John Marsh, Bob Jones, Duane Wolfe and Tim Smith, Facilitators for the Investment in Excellence program. He stated they do an outstanding job. He also stated that if individuals have not availed themselves of the opportunity to participate in this training program, they are short- I changing themselves. Mayor Whidden then referred to correspondence from the U. S. Coast Guard indicating their plans to continue locating in Port Angeles. Mayor Whidden then confirmed with staff that all City Council candidates had received copies of the schedules for 1986 Preliminary Budget hearings and directed staff to send information on these meetings to all candidates in the future. X ADJOURN TO EXECUTIVE SESSION Mayor Whidden adjourned the meeting to executive session at 8:45 P.M. for the purpose of discussing litigation and the purchase of real estate. He announced the meeting would last from one to one and one-half hours. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 10:00 P.M. XII ADJOURNMENT The meeting adjourned at approximately 10:05 P.M. ~ia MI7~ Cle k . CD~h~ j), uJJ:M~v Mayor I I