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HomeMy WebLinkAboutMinutes 09/15/1992 2331 CITY COUNCIL MEETING Port Angeles, Washington September 15, 1992 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:35 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, Ostrowski, Councilwoman Sargent, and Councilman Schueler. Members Absent: Councilman Wight. Staff Present: Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, S. Ilk, J. Pittis, B. Titus, K. Ridout, S. Hursh, S. Kenyon, and B. Coons. Public Present: Mr. & Mrs. M. Freeman, L. Bell, J. Ralston, and G. Pettit. ADJOURN TO Mayor Hallett adjourned the meeting to executive session at 6:35 p.m. to discuss EXECUTIVE SESSION: litigation and real estate for approximately 20 minutes. RETURN TO OPEN The meeting returned to open session at 6:56 p.m. SESSION: CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:00 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Lori Curtin's and JoAnn ALLEGIANCE: Fredrickson's Camp Fire Groups. Members present in Lori Curtin's group: Rachel Curtin, Kala Fredrickson, Danika Haller, Kaylie Rinehart, Rachel Sullivan, Maranda Wight; in JoAnn Fredrickson's group: Lisa Fredrickson. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: the Port Angeles City Council of September 1, 1992. Councilman Braun seconded the motion. Councilwoman Sargent offered the following additions: On Page 5, Revision of Bi- annual Budget Process, the sentence reading, "...individual Council members spoke in favor of this revision and the return to an annual budget", she asked that the following be added, "as the bienmal budget had not resulted in saving time and effort as anticipated". On Page 7, Intermodal Service Transportation Efficiency Act application, she suggested the insertion after the rankings of the technical committee, "showing the Port Angeles proposal of trail expansion as No. 1 ". On Page 8, after the words "Older Americans Act", she suggested inserting the words "particularly the nutrition and health programs", on Page 9, Human Services, Councilman Nicholson indicated he would be attending the meetings on the fourth Thursday in October and November. The vote was taken and the minutes of the September 1, 1992, City Council meeting were approved as amended. Councilman Braun moved to accept the minutes of the September 8, 1992, City Council meeting as written. Councilwoman Sargent seconded the motion, which carried unanimously. CEREMONIAL 1. Proclamation recognizing Captain Michael Stenger, United States Coast MATTERS/ Guard, Port Angeles, Washington PROCLAMATIONS: This matter was continued to October 6, 1992. U. S. Coast Guard -1- 2332 CITY COUNCIL MEETING September 15, 1992 Public Power 2. Proclamation recognizing PUBLIC POWER WEEK October 4 - 10, 1992 Week Mayor Hallett read the proclamation recognizing Public Power Week from October 4 to 10, 1992. Fire Prevention 3. Proclamation recognizing FIRE PREVENTION WEEK October 4 - 10, 1992 Week Mayor Hallett read the proclamation recognizing Fire Prevention Week from October 4 to 10, 1992, and encouraged the citizens of Port Angeles to participate in fire prevention activities at home, work, and school. Constitution 4. Proclamation recognizing CONSTITUTION WEEK September 17- 23, 1992 Week Mayor Hallett read the proclamation recognizing Constitution Week from September 17 to 23, 1992, and urged all citizens to reflect during that week on the many benefits of our Federal Constitution and American citizenship. CITY COUNCIL Councilman Schueler reported on attending the North Olympic Peninsula Visitors and COMMITTEE Convention Bureau meeting, where a new slate of officers was elected for the REPORTS: remainder of this calendar year. The President for the remainder of the year will be Randy Piper, and Vice-President will be Pat Dome. The executive committee is the same, except for the addition of Michelle Sherwood. There are four new Board members. Councilman Braun attended the Real Estate Committee meeting. He also attended the UAC meeting, and will speak briefly on an item later on tonight's agenda. Councilwoman Sargent reported on attending the EDC meeting with the new director on board. There will be a stakeholder's meeting this weekend. The report on the 20-20 Vision will be acted on and will not sit on the shelf. She also attended the City/County Growth Management meeting on Friday, which consisted mainly of hearing from one of the members of the Hearings Review Board who explained the procedures necessary to protest growth management decisions. FINANCE: None. CONSENT AGENDA: Councilman Schueler asked that the consideration of the taxi license be dealt with separately from the remainder of the items. Councilman Nicholson moved to approve the remaining items on the Consent Agenda, including: (2) Request to award bids for PCB cleanup; (3) Request to authorize City Light Director to sign Bonneville Power Administration (BPA) Energy Smart Design contract; (4) Agreement with Clallam County for Joint Sponsorship of Hazardous Waste Amnesty Day; (5) Correspondence from Washington State Liquor Control Board; (6) Payroll period ending 8-30-92 of $322,098.02; (7) Wire transfers for August, 1992, of $55,133.67; (8) Voucher list of September 11, 1992, for $785,974.23; and (9) Concept Administrators through August, 1992, of $578,595.88. Councilwoman Sargent seconded the motion. Councilwoman Sargent referenced the last page of the Voucher list regarding the Vern Burton Memorial Center renovation, noting that it appears a final payment is - soon due. Several things still need to be accomplished before the contractor is paid in full. Parks Director Brodhun commented this is just a fmal progress payment, and Director of Public Works Pittis indicated a punch list is being prepared itemizing those areas needing attention. The vote was taken and the motion to approve items (2) through (9) of the Consent Agenda carried unanimously. Mayor Hallett reviewed the information provided on the matter of a taxi license for Michael Freeman. Councilman Schueler asked that the condition requiring labeling of Mr. Freeman's automobile as a private taxi be eliminated. Councilman Nicholson moved that Item (1) of the Consent Agenda be accepted as recommended, subject to the conditions listed. Councilwoman Sargent seconded the motion. Councilman Schueler considered that since Mr. Freeman will be driving elderly -2- 2333 CITY COUNCIL MEETING September 15, 1992 CONSENT AGENDA: persons around the community from time to time, he is not operating a taxi cab. (Cont'd) Mr. Freeman offers the opportunity to elderly people to maintain independent living. Councilman Schueler objected to "Private Taxi" being required on the outside of Mr. Freeman's car. City Attorney Knutson reviewed the circumstances of this matter appearing before the Council and agreed with Councilman Schueler that this particular license application doesn't really fit within the taxicab regulations. It does, however, fit in the definition of taxicabs. He suggested that, if this is approved, to prepare regulations to better fit this type of use or decide regulation is not needed. It would be staff's recommendation that regulation should be in place. If Council approval is given, it should be on a temporary basis pending promulgation of more appropriate regulations. After a consultation with Police Chief Ilk, Attorney Knutson noted it would be acceptable to have the business name, "Independent Living" on the side of the car, rather than "private taxi". Attorney Knutson indicated staff would make every effort to return with a recommendation for the next meeting or the meeting to follow. Councilman Nichoison amended his motion to approve a temporary taxi license for Michael Freemen, pending preparation of regulations of such a business. Councilwoman Sargent agreed to the amendment. Upon request by Clerk Upton for clarification, Councilman Nicholson withdrew his amendment and offered the following amendment to the motion: That the request for taxi cab business license be approved as recommended, with recommendation 1 being held in abeyance until a staff recommendation is received, but that Mr. Freeman be permitted to go ahead with the other recommendations. Chief of Police Ilk recommended that the suggestion of putting the business name on the side of the vehicle be required, as it is important to the Police Department for identification purposes. Councilman Nicholson agreed that the business name be put on the side of the car. Councilwoman Sargent agreed to the amendment. The vote was taken and the motion, as amended, carried unanimously. ITEMS FROM THE There were none. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED TO PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Public Hearings 1. ZONING CODE AMENDMENT- ZCA-92(09)04 - NEBERT. Arterial Commercial (ACD) District, City-wide: Request for an amendment to the Zoning Code City's Zoning Ordinance which wouM allow signs in the Arterial Amendment- Commercial District to be placed on any building wall not facing a Ordinance 2712 residential district. Mayor Hallett reviewed the information provided by the Planning Department and opened the public hearing at 7:28 p.m. Earl Nebert, 2217 Bagley Creek Road, is still trying to get signs up for his business where people can see them. Chandra Huston, owner of Olympic Mountaineering on Peabody, 221 South Peabody, related her business is new and just opened in June. The previous tenant removed its sign on the south side of the building. Sign regulations were changed while a sign for the new business was being painted. There is no identification for north-bound traffic on Peabody. It would have been all right to repaint the prior sign, but once it was removed, it could not be replaced. There are no residents on the south side of the building. There being no further comments, Mayor Hallett closed the public hearing at 7:31 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 2712 AN ORDINANCE of the City of Port Angeles amending the requirements for building- mounted signs and amending Section 1 of Ordinance No. 2293, as most recently amended by Section 1 of Ordinance -3- 2334 CITY COUNCIL MEETING September 15, 1992 LEGISLATION: ' '~ NO. '2699,' 'and Section 17.26.220 of the (Cont'd) Port Angeles Municipal Code. Public Hearings Councilwoman Sargent moved to concur with the recommendation of the Planning Commission, and adopt the Ordinance as read by title, citing the Zoning Code following findings and conclusions: Findings: (1) The existing ACD sign Amendment - standards do not allow signage on building walls not facing a street; (2) There are Ordinance 2712 a number of buildings within the ACD zone which have walls visible from the street, (Cont'd) although they do not face the street; (3) The proposal does not change the maximum amount of signage a business located in the ACD zone may have; (4) The Comprehensive Plan has been reviewed with respect to this proposal; (5) The ACD zone district is oriented to automobile related uses on sites ranging in size from 7,000 square feet to four acres; Conclusions: (A) The Zoning Code Amendment is in the public use and interest; (B) The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies; (C) The proposed amendment is consistent with the intent of the ACD zone; (D) Signs located on building roofs or extending above the cave or parapet detract from the architecture of the building and contribute to increasing clutter on the streetscape. Councilman Braun seconded the motion, which carried unanimously. Councilwoman Sargent noted that, because this matter was appropriately addressed in this fashion, it not only helps Mr. Nebert but other businesses as well. Street Vacation - 2. STREET VACATION REQUEST- STV-92(09)04 - RALSTON. Portion of the STV-92(09)04 - 5/6 alley and West Fifth Street: Request to vacate a portion of the 5/6 alley Ralston and West Fifth Street rights-of-way Mayor Hallett reviewed the information provided by the Planning Department, recommending approval of a portion of the request. He opened the public hearing at 7:34 p.m. John Ralston, P. O. Box 1405, advised the Council that, because there is a possibility of bridging the ravines by way of Fifth Street at some time in the future, he is willing to wait until more comprehensive planning is completed before resubmitting his request for vacation of the requested portion of Fifth Street. There being no further comments, Mayor Hallett closed the public hearing at 7:36 p.m. and read the Ordinance by title, entitled: ORDINANCE NO. AN ORDINANCE of the City of Port Angeles vacating a portion of the 5/6 alley abutting Lots 1 - 4 and 17 - 20, Block 94, Townsite of Port Angeles. Councilman Braun moved to accept the recommendation of the Planning Department to vacate the 5/6 alley, and adopt the Ordinance as read by title, subject to Condition 1, and citing Findings 1 - 5 and Conclusions A - E. Councilwoman Sargent seconded the motion. Attorney Knutson said it was necessary to determine the compensation amount. Property Manager Ridout reported the Real Estate Committee approved $1 per square foot, or $4,000 on the 4,000 square feet, with the City charging only one-half of that, or $2,000 as compensation for the alley. John Ralston asked for clarification on the compensation, as he noted some of the land encompassed by the alley vacation is unusable. He would like to discuss this information with the Real Estate Committee, as he did not think the slope of the area was taken into consideration. However, Planning Director Collins indicated the land that is sloping was not made a part of the recommended vacation. At the recommendation of Attorney Knutson, it was agreed staff would offer clarification at the next Council meeting. Councilman Braun, therefore, withdrew the motion and Councilwoman Sargent withdrew the second. Mayor Hallett said action on this matter would be taken at the October 6th meeting. Street Vacation 3. STREET VACATION REQUEST - STV-92(09)05 - JAMES, East Seventh Request - Street: Request to vacate a portion of East Seventh Street east of Jones STV-92(09)05 Street 2335 CITY COUNCIL MEETING September 15, 1992 LEGISLATION: Mayor Hallett reviewed the information provided by the Planning Department and (Cont'd) opened the public hearing at 7:44 p.m. There being no public comment, Councilman Nicholson moved to continue the public hearing to the October 20, Street Vacation 1992, Council meeting. Councilwoman Sargent seconded the motion, which Request - carried unanimously. STV-92(09)05 (Cont'd) Zoning Code 4. Zoning Code Amendment - ZCA-92(08)03 - Residential Medium Density Amendment - District: Proposal to create a new Section of the Port Angeles Municipal ZCA-92(08)03 Code establishing a Residential Medium Density (RMD) District Mayor Hallett reviewed the information provided by the Planning Department, which recommended opening the public hearing and following any testimony, continue the item to the October 6th meeting. He then opened the public hearing 7:45 p.m. There being no public testimony forthcoming, Councilman Nicholson moved to continue the public hearing to the meeting of October 6, 1992. Councilman Braun seconded the motion, which carried unanimously. Disposal of Dead B. Ordinances not requiring public hearings Animals - Ordinance No. 2713 1. Ordinance regulating the disposal of dead animals Mayor Hallett reviewed the information provided by the City Attorney, and read the Ordinance by title, entitled ORDINANCE NO. 2713 AN ORDINANCE of the City of Port Angeles, Washington, dealing with the disposal of dead animals and re-enacting Chapter 8.24 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Nicholson seconded the motion which carried unanimously. Emergency 2. Emergency management ordinance Management Ordinance - Ordinance No. 2714 Mayor Hallett reviewed the information provided by the City Attorney and read the Ordinance by title, entitled ORDINANCE NO. 2714 AN ORDINANCE relating to emergency management, creating an emergency management council, establishing the office of Director of Emergency Management, fixing their powers and duties, repealing prior inconsistent ordinances, and codifying this Ordinance in Chapter 2.24 of the Port Angeles Municipal Code. Councilman Nicholson moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion. Councilman Braun asked if the provisions of the Ordinance would impede anything which would happen with the County. Attorney Knutson responded the Mayor and the City Manager have the duty to coordinate with other governmental entities, including the County. It is important to have the autonomy to deal with City emergencies. The vote was taken and the motion carried unanimously. C. Resolutions requiring public comment None. -5- 2336 CITY COUNCIL MEETING September 15, 1992 LEGISLATION: D. Resolutions not requiring public hearings (Cont'd) Personnel Policy 1. Amendment to City's Personnel Policy and Procedures Manual and Procedures Manual - Mayor Hallett reviewed the information provided by the Human Resources Division Resolution No. 35-92 and read the Resolution by title, entitled RESOLUTION NO. 35-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the City Personnel Policy and Procedures for City employees. Councilman Ostrowski moved to pass the Resolution as read by title. Councilman Nicholson seconded the motion. Councilman Ostrowski asked if 'family" is already defined in the Policy Manual. Attorney Knutson indicated there is not a specific definition; however, the Resolution and attachment dealing with family leave make it apparent that the "family" consists of immediate family members. The policy has been written to be consistent with State law. Councilwoman Sargent asked if the 5 % related only to salaried employees and not union employees. Attorney Knutson said the matter is already covered in the union contracts, and the policy is intended to make the non-union employees equivalent to the union employees on this issue. Councilman Schueler asked about a situation where persons are co-habitating but do not come under the common definition of a family. Attorney Knutson felt this should be addressed on a case-by-case basis. Councilman Schueler asked if it included care for an ill spouse. Human Resources Director Coons said the State law does not address that question at all. It is aimed at care for newborn or terminally ill children. Councilman Schueler asked about the temporary higher class pay. Human Resources Director Coons said the 5% had been selected, as in some instances an employee taking a temporary higher class appointment could receive an increase of considerably more. This figure was selected to establish consistency. The vote was taken and the motion carried unanimously. Planning Commission E. Planning Commission Minutes/Action Items Minutes/Action Items Minutes for the September 9, 1992, Planning Commission meeting Councilman Nicholson moved to accept the minutes of the September 9, 1992, Hanning Commission meeting. Councilman Braun seconded the motion, which carded unanimously. Local Government F. Other Considerations Initiative Funds 1. Local Government Initiative Funds Mayor Hallett opened for discussion the matter of defining City priorities for the - 1993 Local Government Initiative Funds and identifying the information needed in the reports to be submitted to the funding entities. Councilwoman Sargent referenced the three priority groups of crisis, intervention, and treatment and suggested they be revised to include: crisis intervention, treatment, and prevention. Other Council members wholeheartedly agreed, as prevention is an extremely important component that must be included, particularly since so many agencies are actively involved in prevention. Councilwoman Sargent indicated that money spent in prevention is well worth the expenditure, as the crisis, intervention, and treatment might then be avoided. In addition, Councilwoman Sargent felt it important for the Council to reiterate that, in conjunction with a funding request for the Senior Center, the description should indicate the Center provides health clinics, social activities, and educational resources. The matter of health clinics had been deleted from last year's information provided by the Human Services Coordinating Council. Councilwoman Sargent noted that County residents using the Senior Center now represent a figure of 48 %, -6- 2337 CITY COUNCIL MEETING September 15, 1992 LEGISLATION: and she felt this figure should be kept in mind during upcoming budget (Cont'd) considerations. Local Government Councilman Nicholson referenced the budget report representing the first six months Initiative Funds of 1992 and requested clarification as to the funding ratios. In the absence of (Cont'd) current, specific data concerning the number of clients served and the area of residence, it is difficult to calculate the validity of the ratios. It appears that Port Angeles pays a disproportionate share of the agencies' expenses. It was suggested that, perhaps, Health & Human Services might offer some clarification and further information in this regard. Discussion was held concerning the reports to be submitted, and the question was raised by Councilman Schueler as to why ethnicity should be a consideration. Councilman Nicholson pointed out that such figures are generally required for State and Federal purposes. Mayor Hallett noted that many of the programs are geared toward seniors; however, there appears to be a void in the area of prevention for those children and young adults who are "at risk". If there are programs in place which are concerned with the "at risk' citizens, he would appreciate receiving that type of input from Health & Human Services. Interview Date 2. Request to set interview date - applicants for vacancy on Civil Service for Civil Service Commission Commission Mayor Hallett reviewed the information provided by the City Clerk, and Councilwoman Sargent moved to set an interview date for the two applicants, Bennie Piper and Ellie McCormick, for the vacancy on the Civil Service Commission for 6:30 p.m. on October 6, 1992. Councilman Braun seconded the motion, which carried unanimously. centennial Trail 3. Contract with State for Centennial Trail property acquisition Property Acquisition Mayor Hallett reviewed the information provided by the Parks and Recreation Department. Councilman Ostrowski moved to authorize the Mayor to sign the agreement with the Interagency Committee for Outdoor Recreation as well as subsequent documents necessary to consummate the acquisition. Councilman Braun seconded the motion, which carried unanimously. Wastewater Sludge 4. Wastewater Sludge at Landfill - requested by Councilman Gary Braun at Landfill Councilman Braun reported on the discussions held at a recent UAC meeting. At one time, the Department of Ecology said the Landfill could be utilized to dispose of the sludge; now DOE has said it would not be acceptable. The Department of Public Works is now awaiting a response from DOE clarifying the regulations. This item is merely informational and intended to alert the Council of the situation as it presently exists. Councilman Schueler asked about the earlier proposed contract to dispose of the sludge at the Bremerton wastewater treatment plant. Director of Public Works Pittis said he would prepare a written report for the Council. Councilman Schueler asked if the sludge is being transported to Bremerton. Director Pittis said it is being transported to Puyallup where it is being used in an approved composting program. Jake Brake Complaints Councilman Ostrowski reported receiving a complaint about some of the trucks using jake brakes on the west side and asked that it be referred to the Chief of Police for investigation. Northland Mayor Hallett commented on the number of telephone calls he, and probably the Cable TV remainder of the Council, has been receiving on Northland Cable, the most recent one being a request for the Council to entertain other franchise bid requests for cable service in the community. Attorney Knutson advised the Council that the City can entertain other bids for cable service if there is anyone wishing to compete, subject to the same requirements as those imposed on Northland Cable. -7- ir 2338 ': ' ~'~ i~ September 15, 1992 LEGISLATION: Councilwoman Sargent commented on the letter in the Information Packet from Jim (Cont'd) Lunt about the Little League, with visiting teams praising the camping accommodations in close proximity. However, there was a criticism on the absence Little League of restrooms. Parks Director Brodhun said there are restrooms in the campground and in the park; however, none adjacent to the field. For large events, sanikans are provided. Bicycles Councilwoman Sargent expressed surprise that only 23 bicycles are licensed:in the City. Police Chief Ilk indicated the report did not include the latest figures, which are now about 100. Licensing bicycles is not actively pursued unless people come down and ask for them. However, police officers are now addressing this matter at the schools. Petition on Councilman Schueler commented on a petition circulated regarding the fir tree on Fir Tree on Fairmount. Apparently the City may have plans to cut the tree down, and the Fairmount petition has been circulated in an effort to save the tree. The Department of Public Works will check into the matter with the assistance of Parks & Recreation. Councilman Schueler said if Fairmount Avenue is to be widened, the tree would probably have to go. However, if it remains at its present width, the tree could remain. Councilman Schueler advised the Council he had been asked about developing an ordinance mandating bicycle helmets. Mayor Hallett suggested this item be brought back to the Council for preliminary discussion. Councilman Nicholson indicated this may be a controversial subject. Police Chief Ilk said discount coupons for helmets are made available to the schools. Councilman Nicholson commented on the cost of bicycle helmets - some of them cost more than the bicycles being ridden. Councilwoman Sargent suggested when people come in to purchase a bicycle license, they should be given some tips on how, where, and when to ride a bicycle. Police Chief Ilk said such a brochure is available and given to those who request bicycle licenses. ADJOURNMENT: The meeting adjourned at 8:31 p.m. ? -8-