Loading...
HomeMy WebLinkAboutMinutes 09/19/19891430 I CALL TO ORDER SPECIAL MEETING III CALL TO ORDER REGULAR MEETING CITY COUNCIL MEETING Port Angeles, Washington September 19, 1989 Mayor McPhee called the special meeting of the Port Angeles City Council to order at 6 :00 P.M. II INTERVIEWS FOR UTILITY ADVISORY COMMITTEE CITIZEN -AT -LARGE POSITION The Council interviewed the following people for the citizen -at -large position on the Utility Advisory Committee: Norman Brooks, Bill Prentiss, H. Duane Wright, Ken Schermer, Thomas Hunt. Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:05 P.M. IV PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Port Angeles High School Student Body Officers. Members: John Teichert, Howie Ruddell, Chip Anderson. V ROLL CALL Members Present: Members Absent: Staff Present: Public Present: VII FINANCE Mayor McPhee, Councilmen Gabriel, Hallett, Lemon, Ostrowski, Sargent. Councilman Hordyk (attending Emergency Management Seminar). Manager Flodstrom, Attorney Knutson, Clerk Maike, S. Brodhun, B. Collins, L. Glenn, J. Pittis, B. Titus, T. Smith, S. Roberds, K. Ridout, G. Kenworthy, B. Myers, B. James. P. Alexander, B. Prentiss, T. Hunt, L. Beil, G. Braun, J. Hubbard, C. Ritchie, L. Ross, D. Otterstetter, D. Rudolph, K. L. Rose. VI APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 5. 1989 Councilman Lemon moved to approve the minutes of the September 5, 1989, regular City Council meeting. Councilman Sargent seconded. Councilman Sargent offered a correction to Page 1, Item II, Pledge of Allegiance, to correct the spelling of Mauricico Sweeney strike the "co" on the end, so that it is spelled M- A- U- R- I- C -I -O; Page 15, X City Council Committee Reports /Late Items, to add to the first sentence agreed to do this at a regular meeting of the City Council k On call for the question, the motion carried unanimously. 1. Consideration of Contract for Structural Analysis of Senior Center Building Councilman Sargent moved to authorize the Mayor to execute a contract with Craig Owen to perform a structural analysis of the Senior Center, in an amount not to exceed $5,000. Councilman Ostrowski seconded the motion. Councilman Sargent noted that the Committee was formed to consider what the future of the Senior Center should be and it was their recommendation that a structural analysis be performed prior to going any further with the issue of the Senior Center. Councilman Hallett stated there is a need for improvement and it is necessary to do this before exploring any other alternatives. On call for the question, the motion carried unanimously. -1- 1431 CITY COUNCIL MEETING September 19, 1989 2. Request Progress Payment for Signal Electric of $129,656 for Work on Race and Lincoln Streets Signals Councilman Hallett moved to authorize progress payment of $129,656 to Signal Electric for work on Race and Lincoln Streets signals. Councilman Gabriel seconded. Following a discussion of the project, the question was called and the motion carried unanimously. 3. Consideration of Bid Award for DelGuzzi Drive LID Signal Councilman Sargent moved to concur with the recommendation of the Public Works Department that the bid from Olympic Electric for $80,914.65 be accepted and that the contract be issued for the DelGuzzi Drive LID -211 signal, and authorized the Mayor to sign the contract with Olympic Electric. Councilman Ostrowski seconded the motion. Mayor McPhee stated he was opposed to the motion, as he believed a traffic light at this location would only increase the traffic problem on the hill on the east side of town. He felt this would promote problems when icy conditions occur in that area and questioned staff whether this issue was considered before entering the LID procedures. Director of Public Works Pittis replied that this was a requirement of the Department of Transportation and was a condition of the annexation of the area. Councilman Lemon was opposed, as he felt this would only isolate the citizens of Port Angeles for payment of the maintenance of this light. Councilman Hallett pointed out to the Council that this will be a traffic actuated signal. Mayor McPhee stated the Council has no alternative but to approve the recommendation, -it is a requirement of the Department of Transportation. Following further discussion, the question was called and the motion carried unanimously. VIII CONSENT AGENDA Councilman Hallett moved to accept the items as listed on the Consent Agenda, including (1) Correspondence from Washington State Liquor Control Board; and (2) Vouchers of $339,882.85. Councilman Gabriel seconded the motion, which passed unanimously. IX ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA Jerry Cornell requested to speak on Item 7, regarding the Port Angeles Harbor Management Plan. Larry Leonard requested to speak on Item 6, regarding funding for Japanese internees. Del Price also wished to speak on Item 6. David Schulz, 127 West Fourth Street, requested to speak on Item 6. Councilman Lemon added Item 14 to the Council Agenda, regarding the Burton Water Request. Mayor McPhee added Item 15 to the Council Agenda, discussion of Citizen Day Celebration. X LEGISLATION 1. Public Hearing A. Street Vacation Request STV- 89(07)6 Snvdal Request to Vacate a Portion of West Third Street (Continued from August 15. 1989) Mayor McPhee opened the public hearing at 7:30 P.M. There being no public -2- 1432 CITY COUNCIL MEETING September 19, 1989 comment, he then closed the public hearing and read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles vacating a portion of West Third Street. Councilman Sargent noted there had been no Real Estate Committee meeting to consider the compensation amount to be required for the vacation of the street, and therefore moved to refer this issue to the Real Estate Committee. Councilman Lemon seconded. The Real Estate Committee meeting was set for September 20, 1989, at 9:00 A.M. Following discussion of this issue and ways for the Real Estate Committee to be aware of the need to meet on these issues, the question was called and the motion carried unanimously. 2. Planning Commission Minutes of September 13. 1989 A. Rezone Reouest REZ- 89(07)5 Del Hur. Inc. Councilman Lemon moved to concur with the recommendation to continue this item to the November 8, 1989, meeting of the Planning Commission. Councilman Sargent seconded and the motion carried unanimously. B. Rezone Reauest REZ 89(09)7 Alwine Councilman Sargent moved to set a public hearing on this issue for the October 3, 1989, City Council meeting. Councilman Lemon seconded and the motion carried unanimously. C. Street Vacation Reauest STV- 89(09)7 Port Angeles School District Council discussed the issue regarding the street vacation request for the Port Angeles School District. Manager Flodstrom provided the Council with background information relating to this request, stating that this issue had come before a previous Council in 1894; however, the Council at that time had failed to process the proper paperwork in order for this vacation to be valid. This issue would be heard at the October 3, 1989, City Council meeting. D. Rezone Reauest REZ- 89(09)8 Alwine Councilman Lemon moved to accept the withdrawal of the application. Councilman Sargent seconded and the motion carried unanimously. E. Acceptance of Minutes Councilman Sargent moved to accept and place on file the Planning Commission minutes-of September 13, 1989. Councilman Hallett seconded the motion, which carried unanimously. 3. Setting of Public Hearing for Street Vacation Request STV 89(10)8 Reid 18th Street between "B" and "C" Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 25 -89 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of West 18th Street abutting Lots 1 through 8, Block 456, together with all that portion abutting Lots 11 through 20, Block 449, TPA. Councilman Sargent moved to pass the Resolution as read by title, setting a public hearing for October 17, 1989, and to refer the request to the Planning Commission for a public hearing on October 11, 1989. Councilman Hallett seconded the motion, which carried unanimously. A Real Estate Committee meeting was set for October 12, 1989, at 9:00 A.M. to consider compensation on this issue. -3- 1433 CITY COUNCIL MEETING September 19, 1989 4. Consideration of Resolution for Abatement of Public Nuisances (Public, Comment) Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 26 -89 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. Staff provided Council with a revised Exhibit "A Councilman Hallett moved to pass the Resolution as read by title. Councilman Sargent seconded the motion, which carried unanimously. 5. Request from Harborview Street Residents to Discuss Noise Ordinance with, City Council Mayor McPhee noted for the Council and the public that the Council has incomplete information on this issue; that they are still awaiting further information from the Department of Ecology. Larry Brisbin, 1844 Harborcrest, representing the neighborhood regarding this issue, read a statement from the residents in the area which stated in part, "The recently constructed chip storage area, built by ITT in the Ennis Creek valley, has greatly increased the noise level in the neighborhood. Many repeated complaints have been made to the management and employees of ITT Rayonier, as well as the Port Angeles Police Department with regard to the continued excess vehicle noise." It was their belief that very little has been done to alleviate the situation. They had contacted the Department of Ecology; however were def I to the local ordinances for enforcement. He stated the Police Department has conducted noise level readings which indicate a violation of the City's noise ordinance; however, they have waited for several months for an opinion from the City Attorney's Office that would allow some action to be taken. The sleep interruptive nights they are experiencing on a consecutive basis have an intensely undesirable effect on their personalities, their lives, and their jobs. They requested the Council assist them in helping find a solution to this problem, stating they are very willing to respond to any questions and concerns the Council may have. Additionally, Mr. Brisbin submitted to the Council a letter from the Department of Ecology dated July 9, 1987, regarding this issue, as well as copies of letters from two residents in the area. Manager. Flodstrom stated he had forwarded a copy of the letter received from the residents to the ITT Mill manager, together with documentation of the Police Department's noise level readings and information from the City Attorney regarding his interpretation of the exemptions and the exemption the City is currently seeking interpretation of from the Department of Ecology. Manager Flodstrom stated in speaking to Jeff Rosbach, Mill Manager, ITT is willing to work with the City; however, they do believe there are grounds for the exemption. ITT cannot deny, however, the fact that the noise is having adverse effects in the residential areas, but a number of things have been done to quiet the noise from the equipment in the chip facility. Unfortunately, that equipment has been replaced by equipment which is able to work faster to produce the same quantity of work in a shorter period of time. Attorney Knutson stated with regard to following up on the exemption issue, the City has been trying to contact the Department of Ecology repeatedly for the last two weeks; however, no contact had been made until two days ago; and at this point, staff has not been able to speak to all the parties necessary. Councilman Hallett asked Attorney Knutson what suggestions he would make to the Council to help resolve this issue. Attorney Knutson responded that the Council could work with the City Manager in trying to coordinate voluntary reduction in the noise level, even if it is determined there is a legal position that the City may take to pursue violation. It was his opinion, however, that ITT would -4- 1434 CITY COUNCIL MEETING September 19, 1989 challenge that decision and it would be a drawn -out process to enforce compliance. Councilman Hallett asked whether it was reasonable to work toward some decision as to which issues are resolvable, and a date be set to disuss those issues. Manager Flodstrom stated he sensed from Jeff Rosbach his willingness to work toward resolution. Councilman Hallett moved that the Council direct staff to work with ITT Rayonier and with the citizens of Harborcrest and return to the Council with information as to what the Council could do to resolve the issue at the October 3rd City Council meeting. Councilman Sargent seconded and the motion carried unanimously. 6. Consideration of City Funding for Japanese Internees Mayor McPhee noted this is not really a City matter; however, it is on the Agenda and should be addressed. Councilman Sargent questioned the statement in staff's memo that there are State Constitutional provisions which would probably prohibit such compensation. She asked whether there is or is not. Attorney Knutson stated if the Council were to approve this recommendation, it would depend on how they accomplished the funding. It would be prohibited under the State Constitution to directly give an amount of money to a private person or entity, unless they could be characterized as poor or infirmed or a governmental entity. If, on the other hand, the Federal Government was interested in a contract whereby the City agreed to pay the amount, then it could be possible for the City to fund these people. However, he could not say definitively if there was any challenge made that this decision would stand. Councilman Lemon moved that the City not get involved in this issue, as it is a Federal matter, and that City funding should not be used to compensate the local citizens. Councilman Sargent seconded and the motion carried unanimously. BREAK Mayor McPhee recessed the meeting for a break at 8:00 P.M. The meeting reconvened at 8:20 P.M. 7. Consideration of Port Angeles Harbor Management Plan r Councilman Hallett moved to concur with the staff recommendation to deer the issue to the Planning Commission. Councilman Ostrowski seconded and the motion carried unanimously. Councilman Hallett thanked Councilman Lemon for his efforts in working on this document. 8. Consideration of Senior Center Board of Directtfrs' By -Laws Councilman Ostrowski moved to adopt the Senior Center By -Laws. Councilman Sargent seconded the motion, which carried unanimously. Councilman Sargent thanked the Board for a job well done. 9. Consideration of Renewal of Moorage Lease with United States Coast Guard at City Pier Councilman Sargent moved to authorize the Mayor to execute the contract between the City and the government for the moorage of the Coast Guard vessel at the City Pier. Annual rental amount of $17,000. Councilman Hallett seconded the motion, which carried unanimously. 10. Consideration of 3 -H Communications Consultant Contract for 1990 Councilman Hallett moved to authorize the Mayor to sign a contract with 3 -H Cable Communications Consultants for cable TV oversight services through the end of 1990, with the contract fee being 10X of the franchise fee paid by the -5- 1435 CITY COUNCIL MEETING September 19, 1989 cable TV operators to the City of Port Angeles. Councilman Gabriel seconded the motion. There was a short discussion regarding the performance of 3 -H. The question was called, and the motion carried unanimously. 11. Consideration of Repealing Malt Liouor (Keg) Distribution Ordinance Councilman Sargent moved to repeal the current Ordinance, since the field of keg registration has been pre empted by the State and Port Angeles Municipal Code Chapter 9.36 exceeds and is inconsistent with State law. Councilman Lemon seconded the motion, which carried unanimously. Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2545 AN ORDINANCE of the City of Port Angeles, Washington, relating to criminal law and amending Ordinance 2442, repealing Ordinance 2403, Section 1, and Chapter 9.36 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title. Councilman Lemon seconded and the motion carried unanimously. 12. Consideration of Coal Creek Agreement Superfund PCB Clean -up Site Councilman Sargent moved to concur with the recommendation of the City Light Department to authorize the Mayor to sign the Coal Creek Memo of Agreement for remedial action in the Coal Creek Operation Settlement Agreement. Councilman Hallett seconded the motion for discussion purposes. Councilman Sargent asked whether the funds would be paid by the City Light Department. Bob Titus, Director of City Light, responded yes. Councilman Hallett asked what the dollar amount was and is this within the budget estimate. Director Titus responded the cost was $66,715 and he would get back to Councilman Hallett regarding the budget amount. On call for the question, the motion carried unanimously. 13. Selection of Candidate to Fill UAC Citizen -At -Large Vacancy Mayor McPhee requested Clerk Maike poll the Council. Councilmen Gabriel, Lemon, Ostrowski, Sargent, and Mayor McPhee voted for Thomas Hunt. Councilman Hallett voted for Kenneth Schermer. Mr. Hunt was appointed to fill the UAC Citizen -at -Large position. Councilman Hallett stated he felt all the candidates were equal in caliber and would be comfortable with Mr. Hunt filling that position. 14. Discussion of Burton Water Service Councilman Lemon, Councilman Lemon spoke with respect to a letter sent to Mr. and Mrs. G. W. Burton regarding their request for extension of water service outside the City limits. He expressed his concern with the image of that letter, as it was a 4 2 vote taken by the Council to allow the establishment of a water service. He stated he did not feel the letter outlined the Council's concern and the last paragraph should have been stricken from the letter, whereby the Burtons are directed to obtain written permission from the operators of the 4 -inch private water main, and if they are unable to obtain permission, the Utility Advisory Committee suggested that a petition be circulated for annexation. Councilman Sargent expressed similar concerns. She felt the letter was going back on the Council's decision to allow the extension of the water service. Councilman Hallett stated that more complete information was presented to the UAC on the water line and how it would jeopardize the City's position on the transmission line to the Black Diamond Reservoir. -6- 1436 CITY COUNCIL MEETING September 19, 1989 Director of Public Works Pittis stated one of the main fears is that an additional tap would cause the service level volumes to drop considerably. Councilman Lemon stated the main point of the situation is that the letter should have returned to the Council as a recommendation of the UAC prior to being sent to the Burtons. Following further discussion, Director Pittis stated that he would contact the Burtons on this issue. 15. Citizenship Day Celebration Mayor McPhee Mayor McPhee stated that on September 17, 1989, a celebration was held for the Bicentennial of the U. S. Constitution. He complimented Gay Knutson for her efforts in organizing the celebration, requesting that the names of the people in attendance should be put in the record so their descendants may be able to look back and see that these people had celebrated the Bicentennial of the U. S. Constitution. Members present of Girl and Boy Scout Troops 425, 40, 64: Mary and Samantha Hauff; Tim, Diane, Janice, and Jerrah Holth; Cindy, Tracie, Katie and Ashley Sofie; Anicka Hedglin; Rex, Penny, Daniel, Becky, Mark, and James Berneking; Trina Stern; Marsha, Jim, and Reanne Rossi; Mary Cate Nicholson; Port Angeles Mayor Frank McPhee. XI CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Gabriel requested a report on the Self- Insurance Fund condition, as did Councilman Hallett, as there were concerns of a possible increase in contract costs, requesting staff provide information on whether the City is in a position to plan for that issue. Council discussed the letter received from the developers of Francis Street. Councilman Sargent noted the Port Angeles Centennial Committee is forging ahead. Pins and tee shirts will be available in three to four weeks. Also, a "Yes to Youth" meeting to be held September 27th at 7 :00 P.M. at the Vern Burton Memorial Community Center, and participation is encouraged. XII ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to executive session at 8:58 P.M. for the discussion of one real estate item. Approximate time, 15 minutes. XIII RETURN TO OPEN SESSION The meeting returned to open session at 9:20 P.M. XIV ADJOURNMENT CC.104 The meeting adjourned at 9:21 P.M. Clerk Mayor r '4._,Nt.., ADVERTISEMENT FOR BIDS City of Port Angeles Project No. 89 -3 Sealed bids will be received by the office of the City Clerk at 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington 98362, until Sept. 26, 1989 at 2:30 p.m. and not later, and will be opened publicly at that time in the City Council Chambers. This con- tract provides for the installa- tion of 1550 -plus feet of 6" D.I. watermain on McDonald Street, between 18th and 14th Streets and includes installa- tion of fire hydrants, recon- necting existing water meters, clearing, grubbing, and recon- struction of asphalt concrete! surfacing and other work, all in accordance with the at tached plans, these Special Provisions, and the Standard Specifications. Detailed plans and specifi- cations may be obtained from the office of the City Engineer, City of Port Angeles, upon payment of a non refundable fee of $25.00. Bidders shall be qualified for the type of work proposed. A Bidder's Construction Experi- ence Form is included in contract documents. All proposals or bids shall be submitted on the prescribed form and in the manner as indicated in the Proposal Re- quirements and Conditions' and said proposals or bids shall be accompanied by a bid proposal deposit in the form of cashier's check, postal money order, or a surety bond in the amount of five percent (5%) of the total amount of the pro- posal or bid. If a surety bond is used, said bond shall be issued by a surety authorized and registered to issue said bonds in the State of Washing- ton. The bond shall specify the surety's name and address and shall include a power of attorney appointing the signa- tory of the bond as the person authorized to execute it. Faxed bids and /or surety bonds shall not be accepted. The City of Port Angeles reserves the right to accept the proposals or bids and award contracts to responsible bidders which are in the best interest of the City; to post- pone the acceptance of pro- posals or bids and the award of the contracts fcr a period not to exceed thirty (30) days; or to reject any and all proposals or bids received and further advertise the project for bids. When awarded con- e tracts, the successful bidder shall promptly execute con- tracts and shall furnish bonds of faithful performance of the contracts in the full amount of the contract prices. Bids must be sealed with the outside of the envelope mark- ed BID OPENING DATE (Sept. 26, 1989) PROJECT (Water main? Replacement 89 -3). Name and address of the bidder should also appear on the outside of the envelope. Bids should be addressed to the City Clerk, 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington 98362. Jack N. Pittis, P.E. Director of Public Works Pub.: Sept. 10, 17, 1989. _I NOTICE IS HEREBY GIVEN that the CITY COUNCIL will hold a public hearing on OC- TOBER 3, 1989, at 7 P.M., or as soon thereafter as possible, I in the City Council Chambers of City Hall, located at 321 East Fifth Street, Port Ange- les, Washington, to consider a request to consider vacation of City right -of -way. LOCATION: 18th Street be- tween "B" and "C" Streets. LEGAL DESCRIPTION: That portion of 18th Street abutting Lots 11 through 20, Block 449, together with all of that portion abutting Lots 1 through 8, Btock 456, TPA. APPLICANT: Burt W. Reid. PROPERTY OWNER: City of Port Angeles, Burt Reid and Dept. of Transportation. STATE ENVIRONMENTAL PO- LICY ACT (SEPA): N /A. All interested parties may ap- pear at the hearing and ex- press their opinion on this proposal. DATE: September 12, 1989. Michelle M. Maike City Clerk Pub.: Sept. 14, 1989. RESOLUTION NO. 26 -89 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of West 18th street abutting Lots 1 through 8, Block 456, together with all that portion abutting Lots 11 through 20, Block 449, TPA. WHEREAS, the owners of in- Block 456, Townsite of Port Angeles, have filed a petition with the City Clerk to make vacation of that portion of 18th Street abutting said lots; and WHEREAS, said petition ap- pears to have been signed by the owners of more than two- thirds of the property abutting upon the right -of -way sought to be vacated; and WHEREAS, the State of Wash- ington, Department of Trans- portation, which is the owner of Lots 11 through 20, Block 449, Townsite of Port Angeles, has requested that the portion of West 18th Street abutting its property be vacated; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PORT AN- GELES as follows: Section 1. The petition and request to make such vacation shall be heard and determined by this Council on the 17th day of October, 1989, which is not more than sixty (60) days nor less than twenty (20) days hereafter. Section 2. The City Clerk is hereby directed to give twenty (20) days notice of the pen- dency of said petition ac- cording to the provisions of RCW 35.79.020. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Coun- cil held on the 19th day of September, 1989. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk Craig D. Knutson City Attorney Pub.: Sept. 22, 1989. NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the City of Port Angeles City Council will hold a special meeting on Tuesday, Septem- ber 19, 1989, at 6:00 P.M. in the City Council Chambers, 321 East Fifth Street. The purpose of this special meet- ing is to interview candidates for the vacant Citizen at large position on the City's Utility Advisory Committee. Michelle M. Maike City Clerk Pub.: Sept. 17, 1989. ORDINANCE NO. 2545 AN ORDINANCE of the City of Port Angeles, Washington, re- lating to criminal law and amending Ordinance 2442, re- pealing Ordinance 2403 Sec- tion 1 and Section 9.36 of the Port Angeles Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2442 is hereby amended by repeal of Section 1 of Ordinance 2403, and Section 9.36 of the Port Angeles Municipal Code. Section 2. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Coun- cil held on the 19th day of September, 1989. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney °ub.: Sept. 22, 1989.