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HomeMy WebLinkAboutMinutes 10/02/1990 1703 CITY COUNCIL MEETING Port Angeles, Washington October 2, 1990 I CALL TO ORDER Mayor Sargent called the regular meeting of the Port Angeles City Council to order at 7:01 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Lane Wolfley's Boy Scout Troop #191, sponsored by the Port Angeles First Ward of Church of Latter Day Saints. Members present were: Scoutmaster Lane Wolfley, Assistant Scoutmaster Jeff McFarland, Chris Robinson, Cliff Robinson, Jeff Wolfley, Joe Wolfley, Pat Robinson, Joshua McFarland, Mike Sidwell, Kelsey Barrett, Matthew Barrett, Cody Young. III ROLL CALL Members Present: Mayor Sargent, Councilmen Cornell, Lemon, Nicholson. Members Absent: Councilmen Hallett, Ostrowski, Wight. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, M. Cleland, B. Collins, B. Coons, L. Glenn, J. Pittis, S. Hursh, T. Smith, J. Hordyk, K. Ridout. Public Present: L & J. McLean, R. & J. Page, L. Beil, B. Hoyle. IV APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 1990 Councilman Lemon moved to approve the minutes of the regular meeting of September 18, 1990. Councilman Nicholson seconded the motion. The motion was voted on and carried unanimously. V FINANCE 1. Request for progress payment to DelHur for Landfill construction of $635,365.12; retainage to escrow of $30,902.98 Councilman Lemon moved to authorize the progress payment to DelHur for Landfill construction in the amount of $635,365.12, with retainage to escrow in the amount of $30,902.98. Councilman Nicholson seconded the motion, which carried unanimously. 2. Request to reject bid for wire puller/tensioner and re-advertise The City Council had previously authorized the Light Department to call for bids for a new wire puller/tensioner to work with both overhead and underground conductors. The bid solicitation was published in The Journal of Commerce and several firms were also contacted and made aware of the upcoming bid solicitation. However, the Light Department received only one bid, which exceeded the estimate and was submitted by a firm with which the Light Department is unfamiliar. It is being requested that the single bid be rejected and authorization granted to proceed with a second bid. Indications are that several suppliers were not notified in ample time to submit a bid. These suppliers expressed definite interest and will submit a bid if given another opportunity. Accordingly, Councilman ~dA'-to--reject the single bid for a wire puller/ tensioner from Air Tec Equipment, Inc., and to authorize the City Light Director to call for bids a second time for the wire puller/tensioner. The motion was seconded by Councilman Lemon and carried unanimously. -1- 1704 CITY COUNCIL MEETING October 2, 1990 VI CONSENT AGENDA Councilman Lemon moved to accept the items as presented on the Consent Agenda, including: (1) Request permission to call for bids for distribution transformers; (2) Request permission to call for bids for underground cable; (3) Request for payment to Riddell, Williams of $4,311.38 for legal representation on WPPSS issues; (4) Request for approval of out-of-State travel; (5) Correspondence from Washington State Liquor Control Board; (6) Vouchers of $2,049,312.62; and (7) Payroll of 9/16/90 of $268,490.04. The motion was seconded by Councilman Cornell. Discussion followed pertinent to specific items contained on the Consent Agenda. Referencing page 2 of the Voucher List, Administrative Services, Councilman Cornell inquired as to the expenditures for Quill Corporation for office supplies. He asked for clarification as to the nature of these expenditures, as well as the City's local purchasing efforts. Acting Director of Administrative Services Coons responded the City does not have a policy regarding local purchasing. He will obtain the information regarding the Quill purchases and report back at a future Council meeting. Mayor Sargent noted a payment on page 1, Administration, to the Commissioner of Public Lands for an annual lease for property west of Laurel Street in the amount of $734.29. Staff will research this particular payment and report back to Council at a future meeting. Limited discussion followed on other matters on the Consent Agenda, a vote was taken, and the motion carried unanimously. VII ITEMS FROM THE COUNCIL/AUDIENCE TO BE CONSIDERED/PLACED ON THE AGENDA Mayor Sargent asked that Initiative 547 be placed on the Agenda for discussion as Item 13. VIII LEGISLATION 1. Recommendations of Senior Center Advisory Board regarding the Senior Center At this time, Mayor Sargent reviewed the memorandum submitted by the Senior Center Building Steering Committee with regard to the Senior Center facility needs. The Steering Committee had reviewed the feasibility of remodeling the current facility or constructing a new Senior Center. The Committee noted that remodeling the current structure would require an extensive amount of work and money and may prove to be inadequate in the future. Parking and access to Lincoln Street is still a problem for automobiles and pedestrians. The Committee has given consideration to new construction so a new facility could be designed to accommodate the needs of the senior population. The Committee indicated a need for approximately 7,500 square feet, which would include a large multi-purpose room, a commercial kitchen, and at least four classrooms with partitions. Further, the Committee had recommended the City consider property located at Seventh and Peabody Streets, which is currently under City ownership. The Senior Center Building Steering Committee also considered the possibility of a combined senior/youth center. The possibility exists that the current Center could be considered for renovation for youth activities. Based on the Committee's recommendation, a motion was made by Councilman - Nicholson to authorize the request for proposals from architects to include options for a new Senior facility, a combined senior/youth facility, as well as options for renovation of the present facility for use as a youth center. This request is to be accomplished as quickly as possible. The motion was seconded by Councilman Cornell. Discussion followed, with Mayor Sargent indicating that the Senior Center was outgrown long ago; parking is extremely inadequate; and it has taken two years to obtain a structural analysis on the building. A youth/senior center has worked well in other areas and should be considered in this City. The cost of renovating the current facility as a youth center might be prohibitive, and it might require additional personnel to operate the facility. Manager Pomeranz reported that this motion would allow an RFP, which would be locally advertised for proposals for the preliminary design to develop a schematic for the facility. The architect selected would work with staff and City Council on this matter. '2- 1705 CITY COUNCIL MEETING October 2, 1990 Councilman Cornell requested clarification concerning the motion, as to whether this would provide an opportunity for the Council to select an architect first, and then proceed with the design options. It was agreed the Council would select an architect in the initial process and the request for proposals would be advertised both locally and out of the area, based on input from Attorney Knutson. The selection would then be made, based on qualifications. Orville Hegseth, 2123 West Sixth Street, spoke to the Council on behalf of the Senior Center Building Steering Committee and reviewed the processes the Committee has gone through in its consideration of staying in the present facility versus building a new facility. The Board feels the best course of action is a new facility and he urged the Council to engage an architect to proceed with a design that will suit the needs. Councilman Cornell noted previous concerns addressed at the time a bond issue was introduced for the Library. At that time, it was felt consideration should be given to utilizing present space available in the City instead of constructing new facilities. Accordingly, he inquired as to whether present facilities; i.e., the old City Hall, had been given consideration. Mr. Hegseth indicated that the Board had given consideration to the old City Hall, as well as the old City Light Building. There were possibilities with the structures; however, it was the feeling of the Board that the cost involved in renovating the facilities to meet their needs would again be prohibitive. They were, therefore, ruled out as a possibility. In response to a question as to the need for additional staff members to support a larger facility, Mayor Sargent expressed the opinion that additional staff would not be necessary, in that many of the activities are monitored and coordinated by volunteers. Many of the classes conducted are done so in cooperation with the teaching staff of Peninsula College. The extra square- footage in the building would, hopefully, allow for the addition of services and activities desired by the senior members of the community. In response to an inquiry from Councilman Lemon as to the expenses which will be incurred in this RFP, Manager Pomeranz noted that any such expenses would be part of the 1991 budget consideration, in terms of obtaining an architect. After further discussion, the motion was voted on and carried unanimously. 2. Planning Commission minutes of August 30, 1990, and September 26, 1990 A motion was made by Councilman Nicholson to accept and place on file the Planning Commission minutes of August 30, 1990, and September 26, 1990. The motion was seconded by Councilman Cornell. Councilman Cornell referenced the minutes of August 30, 1990, at which time the Planning Commission members conducted a site tour of the Ennis Creek development. He asked whether it would be possible to arrange the same type of tour for the City Council. Manager Pomeranz answered affirmatively. The vote was then taken and the motion carried unanimously. 3. Consideration of resolution for abatement of public nuisances (public comment) Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 27-90 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. Staff provided Council with a revised Exhibit "A", noting the original list contained six properties; the revised list contains four properties. Councilman Cornell moved to pass the resolution as read by title. The motion was seconded by Councilman Nicholson. -3- 1706 CITY COUNCIL MEETING October 2, 1990 Discussion followed, with Councilman Lemon inquiring as to when this matter will be again discussed in detail by the Council. Public Works Director Pittis indicated a report is forthcoming and will be submitted to the Council prior to the end of the year. Additionally, the question was raised as to whether the problem previously cited by Harvey Medley had been resolved. Director Pittis noted the matter is being addressed at this time. The motion was then voted on and carried unanimously. 4. Proclamation - NATIONAL PUBLIC POWER WEEK, October 7-13, 1990 Mayor Sargent presented a proclamation establishing the week of October 7-13 as Public Power Week in Port Angeles. A motion was made by Councilman Lemon, seconded by Councilman Nicholson, and carried unanimously, approving the proclamation as read. 5. Proclamation - FIRE PREVENTION WEEK, October 7-13, 1990 Mayor Sargent presented a proclamation establishing the week of October 7-13 as Fire Prevention Week in Port Angeles. A motion was made by Councilman Cornell, seconded by Councilman Lemon, and carried unanimously, approving the proclamation as read. 6. Consideration of amendment to Combined Dispatch contract with Clallmm County When the original contract for the Combined Dispatch agreement was presented to Council for consideration, it was anticipated that Dan Engelbertson of the County would be transferred to the City at the time of consolidation. Dan's expertise is necessary to provide proper installation and customization of hardware and software for Dispatch and Records and to provide training to both Dispatch personnel and the Center's director. The decision was subsequently made that Dan Engelbertson would not necessarily transfer to the City, as the director's position will be filled by a City employee. Therefore, this amendment to the contract is required in order to establish a reimbursement mechanism to the County for Mr. Engelbertson's time used as a consultant for the installation of the referenced equipment and subsequent training. Police Chief Cleland indicated City employees are satisfied with this particular arrangement. After further discussion, a motion was made by Councilman Lemon to approve and authorize the Mayor to sign the amendment to the Combined Dispatch Contract with Clallam County, as presented. The motion was seconded by Councilman Cornell and carried unanimously. 7. Report on purchase of City property at 14th and "I" Streets At the September 18, 1990, City Council meeting, Council accepted the offer of Robert and Karen Crouse to purchase Lot 2, Block 407, TPA, located near 14th and "I" Streets. Acceptance was conditional, based on the purchaser submitting a written report on a favorable site evaluation. Staff is currently waiting for that written report, after receiving a verbal, favorable site evaluation. At this time, Councilman Lemon clarified his intentions concerning this particular property. It was his intention that a real estate contract be entered into so the offer could not be arbitrarily withdrawn, and that Council be advised in writing only if the property was determined unsuitable for building. Accordingly, CouncilmanLemon moved to direct staff to proceed with the preparation and execution of a real estate contract with Robert and Karen Crouse for Lot 2, Block 407, TPA, located near 14th and "I" Street. The motion was seconded by Councilman Cornell and carried unanimously. -4- 1707 CITY COUNCIL MEETING October 2, 1990 8. Acceptance of Resignation from Planning Commission Mayor Sargent indicated her sincere regret at the resignation of Ms. Donna Davison from the Planning Commission membership. Councilman Lemon moved to accept the resignation, with regret, and to send a letter on behalf of and with the signatures of the City Council expressing Council's appreciation and extending best wishes for Donna's future endeavors. The motion was seconded by Councilman Nicholson. Councilmembers expressed their regret and feeling of great loss at Ms. Davisonts resignation. Councilman Cornell indicated that having worked with Donna for an extended period of time on the Planning Commission was a pleasure, and that she was an outstanding Commissioner. The motion was voted on and carried unanimously. 9. Request for Council direction for filling vacancy on Planning Commission and vacancy on Board of Adjustment Mayor Sargent reported that an application had been received from Charles Kaufmannts widow, who has asked to be considered to serve the remainder of her husband's term on the Board of Adjustment. Councilman Cornell indicated that Ms. Davison had represented a particular viewpoint not otherwise represented on the Planning Commission in terms of consistent concern for public access, public use, and public rights. He is concerned that Council might overlook this particular point of view in selecting the replacement. He felt it particularly important that applications be requested for both vacancies, so due consideration can be given to selecting someone who can represent the continuum of Donna's viewpoint. It might also be important to have a female member on the Planning Commission. Discussion followed, with time frames being considered in terms of gathering applications, conducting interviews, and making a timely selection. A motion was made by Councilman Cornell to solicit applications for the vacancy on the Planning Commission and the vacancy on the Board of Adjustment; that interviews be conducted at a special meeting of the City Council on October 16, 1990, at 6:00 P.M.; that Board of Adjustment interviews will be conducted first, with the Planning Commission interviews to follow, and possibly continued to the next Council meeting. Applications would be accepted through October 12, 1990. Councilman Nicholson seconded the motion, which carried unanimously. 10. Consideration of interpretation of Park View Villa buffer condition The subject of Park View Villas~ buffer condition was brought to the City Council for clarification as to whether a sidewalk can be placed in the natural landscape buffer required as a condition of street vacation for the Park View Villas development. Mayor Sargent reviewed the background leading up to this request for clarification, in that the City Council had, on May 28, 1986, vacated the 8/10 Crossover between "G" and "I" Streets. One of the conditions at that time was "To reduce light and glare, noise, land use conflicts between residential and commercial use, and to decrease visual impacts of the development, a natural landscape buffer, utilizing the existing native trees and shrubs, shall be provided to a depth of at least 50 feet from the rights-of-way of Eighth Street, "G" Street, "I" Street and along the north line of the 9/10 alley." Subsequently, on November 4, 1986, this condition was amended to apply only to the southeast corner of the subject property. Subsequent approved building plans showed a sidewalk along the north edge of the 50-foot buffer area on the 9/10 alley. In that a neighbor had expressed concern over the pathway, the contractor had indicated to then City Manager Dave Flodstrom that preparation was underway "to install through a corner of the buffer to accommodate a walkway to the garages" and the contractor then indicated he would not install the path. However, the contractor proceeded to install a concrete sidewalk through a corner of the natural buffer area without plan revision approval. A temporary certificate of occupancy for the buildings has now expired without resolution of the sidewalk in the buffer area. The City approved landscaping plans for restoring the disturbed area of the natural buffer, including removal or burial of the sidewalk, which has not been complied with by the developer. -5- 1708 CITY COUNCIL MEETING October 2, 1990 At this time, Councilman Nicholson moved that the sidewalk revision was not approved by the City and is not consistent with a natural buffer condition. For purposes of discussion, the motion was seconded by Councilman Lemon. Lengthy discussion followed, with Councilman Cornell offering a possible compromise wherein the contractor could leave the majority of the sidewalk in but remove the last ten feet and have it replaced with a portion heading due west. Further discussion indicated that Councilmembers felt a mutual agreement should be reached on this matter, as the sidewalk is not particularly objectionable. If the sidewalk is removed, additional vegetation will need to be planted in its place. Additionally, even if the sidewalk remains, it is possible that more vegetation might need to be planted to enhance the area. In response to a question from Councilman Lemon, Pat Downie, representing George Gund, III, indicated the sidewalk had been reduced from the original plan. Mr. Downie indicated he was not party to the discussion between the City and Mr. Amdal, but it was his impression that one of the reasons the plan was not followed was in response to concerns and complaints when the contractor proceeded with the work. The sidewalk was taken out and put in a different area, due to the complaints. Discussion continued, with Councilman Lemon withdrawing his second to the motion. The motion died for lack of a second. A motion was made by Councilman Cornell that, consistent with the original drawings approved by the City, the last 15 feet of the sidewalk closest to the alley be removed by the developer and the developer be allowed to extend the sidewalk west to the garages with suitable vegetation planted in place of that portion of the sidewalk. The motion was seconded by Councilman Lemon. Councilmembers expressed concern as to whether this type of resolution would be acceptable to the residents in the area. Further discussion involved interpretations of the original motion made in May, 1986, and the intentions at that time. There are some implications that perhaps Council should wait for all Councilmembers to be present at a meeting to continue this discussion. A motion was made by Councilman Cornell to table discussion on this matter until the next meeting of the City Council. The motion was seconded by Councilman Lemon and carried unanimously. 11. Consideration of approval of a Morse Creek Hydroelectric Wheeling agreement The City of Port Angeles, the Public Utility District, and the Bonneville Power Administration have executed two previous short-term annual wheeling agreements for the Morse Creek project. The wheeling agreement is required by BPA in order to transmit energy generated at the Morse Creek Hydroelectric project across BPA-owned facilities to the City. The existing agreement expired September 30, 1990. It is desirable to continue the agreement for another year, until a long-term agreement is executed. A motion was made by Councilman Cornell to approve and authorize the Mayor to sign the Morse Creek HydroelectricWheelingAgreement between the City of Port Angeles, Clallam County Public Utility District, and the Bonneville Power Administration. The motion was seconded by Councilman Lemon. Councilman Cornell inquired as to the existence of a fish ladder, and if there is any potential problem for the fish. Acting City Light Director Steve Hursh responded there is no fish ladder and the fish cannot get over the falls of the diversion dam. He offered to take any Councilmember on a tour of the area in order to see the site. Councilman Cornell, in particular, indicated his desire to see this area. The motion was voted on and carried unanimously. -6- 1709 CITY COUNCIL MEETING October 2, 1990 12. Proclamation - Clallam Transit 10th Anniversary, October 13, 1990 Mayor Sargent presented a proclamation, commending the Clallam Transit System on the occasion of its 10th Anniversary of providing excellence in service to the members of the public. 13. Initiative 547 Mayor Sargent indicated her desire to conduct a public hearing at the next Council meeting in order to receive public testimony and to determine if the Council wishes to pass a resolution in support of the defeat of Initiative 547. If passed,Initiative 547 would go into effect immediately and all work accomplished thus far on HB2929 would be for naught. Passage of the Initiative would force the loss of local control, and a new State Department would be created, at the expense of significant tax dollars. It was the Mayor's oinion that HB2929 should be given a fair chance. Councilman Nicholson noted a public forum on this matter will be held in the near future (October 10th, Peninsula College Little Theater) at which time the pros and cons will be stated. Councilman Lemon inquired as to whether a public hearing can be conducted after a course of direction has already been somewhat stated by the Councilmembers. Attorney Knutson responded that State statutes allow the expression of the Councilts collective view through resolution, but the Council must give opponents the opportunity to comment before the passage of the resolution. In response to an inquiry from Councilman Cornell, Attorney Knutson stated the public forum referenced cannot serve as the mechanism for receiving public input unless the entire Council is in attendance at the forum. The opportunity for comment must be allowed before the specific body of the City Council before a resolution is passed. It was noted the Association of Washington Cities and the Association of Washington Counties have taken a stand in strong opposition to Initiative 547. After limited discussion, a motion was made by Councilman Lemon and seconded by Councilman Cornell that Council set a public hearing for October 16, 1990, 7:00 P.M., to receive public testimony regarding Initiative 547. A vote was taken on the motion, which passed unanimously. At this time, Council directed staff to prepare a resolution based on the model language prepared by the Association of Washington Cities on the subject of Initiative 547, for consideration at the October 16th meeting. IX CITY COUNCIL COMMITTEE REPORTS/LATE ITEMS Councilman Cornell introduced a subject for reconsideration which had been previously discussed, in forming two Planning Commissions, one for short-term projects, and one of a long-term nature. He asked whether the timing is appropriate to again discuss the possibility at the Council level. It was agreed the matter will be placed on the Council's October 16, 1990, agenda for further consideration. Councilman Lemon reported on his attendance at a noise control meeting with ITT Rayonier. He attended on behalf of Councilman Wight and expressed his - appreciation that ITT is putting forth its best efforts in resolving the noise problem in the area of ITT. He was impressed with ITT~s efforts to be a good neighbor. Mayor Sargent will be submitting a report at the beginning of November as to the status of the 100th Birthday celebration for the City. A meeting of that Committee will be held later this month, at which time consideration will be given to the disposition of the excess funds remaining in the account for the purposes of the 100th Birthday celebration. BREAK The meeting recessed for a break at 8:45 P.M. and reconvened at 9:05 P.M. -7- 1710 CITY COUNCILMEETING October 2, 1990 X ADJOURN TO EXECUTIVE SESSION Mayor Sargent adjourned the meeting to executive session at approximately 9:05 P.M., to discuss matters of collective bargaining and litigation for approximately 30 minutes. XI RETURN TO OPEN SESSION The Council returned to open session at approximately 9:40 P.M. XII ADJOURNMENT The meeting was adjourned at approximately 9:42 P.M. CC.179 -8-