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HomeMy WebLinkAboutMinutes 10/03/1989I CALL TO ORDER CITY COUNCIL MEETING Port Angeles, Washington October 3, 1989 1437 Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:03 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Darcy Allen's Campfire Girls Discovery Group; members present: Trisha Allen, Karianne Swenson, Dawn Morgan, Celina Hedgen, Cyndi Groshong, Turi Chamberlin, Amber Gray. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Ostrowski, Sargent. Members Absent: Councilmen Hordyk, Lemon. Staff Present: Manager Flodstrom, Attorney Knutson, Clerk Maike, S. Brodhun, M. Cleland, B. Collins, L. Glenn, J. Pittis, B. Titus, D. Wolfe, B. Myers, B. Coons. Public Present: J. Teichert, H. Ruddell, J. Hubbard, L. Beil, D. Alwine, J. Rosbach, L. Torres, L. Lee. IV APPROVAL MINUTES OF SPECIAL AND REGULAR MEETINGS OF SEPTEMBER 19. 1989 Councilman Ostrowski moved to approve the minutes of the September 19th special and regular meetings of the Port Angeles City Council. Councilman Sargent seconded. Mayor McPhee offered correction to page 2, item 3, sixth paragraph, strike the word "as replace with if; page 4, item 5, second paragraph, line 9, strike "deferred replace it with referred; page 5, item 7, first line, strike "defer replace with refer. On call for the question, the motion carried unanimously. V FINANCE 1. Consideration of Bid Award for Watermain Replacement McDonald Street Between 14th and 18th Streets Councilman Sargent moved to concur with the Public Works Department recommendation that the bid from J. B. Construction for $41,156.96 be accepted and the contract issued for the McDonald Street watermain replacement and the Mayor be authorized to sign the contract. Councilmen Ostrowski seconded the motion. Councilman Sargent noted this was the lowest bid received. The motion carried unanimously. 2. Reouest for Proeress Payment d #2 to Signal Electric of 835,549 for First/ Front /Race and First /Fifth /Eiehth /Lincoln Proiects Councilman Sargent moved to authorize the progress payment to Signal Electric of $35,549, including the retainage of $1,871. Councilman Gabriel seconded the motion. Following a short discussion of the project schedule, the motion was voted upon and carried unanimously. VI CONSENT AGENDA Councilman Hallett moved to accept the items as listed on the Consent Agenda, including (1) Correspondence from Washington State Liquor Control Board; (2) 1438 CITY COUNCIL MEETING October 3, 1989 Vouchers of $1,523,997.67; and (3) Payroll of 9 -3 -89 of $238,413.23 and Payroll of 9 -17 -89 of $255,567.35. Councilman Sargent seconded. Following a brief discussion of the items as presented, the motion was voted upon and carried unanimously. VII ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA Larry Brisbin, 1844 Harborcrest, requested to speak on Item 5. Kathryn Holl requested to speak on Item 4. John Teichert, 1713 East Fourth Street, requested to speak on Item 12. Richard Nikodym, 1254 Dan Kelly Road, requested to speak on Item 4. Manager Flodstrom placed Item 13 on the Agenda, Discussion of the Francis Street Right -of -Way, per Paul Cronauer. Councilman Sargent requested Item 14 be placed on the agenda, Discussion of Primary Election Costs. Mayor McPhee requested Item 15 be placed on the agenda, Discussion of Land East of City Hall on Fifth Street. VIII LEGISLATION 1. Public Hearings A. Consideration of Declaration of Surplus Property Lots 15 and 16. Block 211. TPA (Fine Art Center Property) Mayor McPhee gave an overview of the issue, stating that he felt the price set for the property was low. He then opened the public hearing at 7:17 P.M. There being no public comment, he closed the public hearing. Attorney Knutson reviewed with the Council the agreement between the City and the Webster Trust, stating there are many terms to the contract, but generally, speaking, the City does now own the property, subject to the terms of Esther Webster's Will. Manager Flodstrom stated that the two lots being proposed as surplus were lots that Esther Webster, prior to her death, did try to sell or trade to Mr. and Mrs. Harmon, who own two lots which the Webster Trust wished to purchase. During that time, the Harmons were unable to be contacted; however, at a later date, they had indicated they were interested in selling their lots but did not wish to trade property, since they did not reside in Port Angeles. Mayor McPhee suggested that prior to Council declaring the property surplus, the issue should be reviewed by the Real Estate Committee to determine the market value of the property. Attorney Knutson pointed out to the Council that this is in the agreement drafted between the City and the Webster Trust and that an option the Council may take is to surplus the property, and prior to asking for sealed bids, the Real Estate Committee meet to determine the value. Councilman Hallett moved to declare Lots and that the matter be referred to the recommendation to the Council as to Councilman Gabriel seconded the motion, Mayor McPhee opened the public hearing at 7:26 P.M. 15 and 16, Block 211, TPA, as surplus, Real Estate Committee for review and the amount and manner to surplus. which carried unanimously. B. Street Vacation Request STV- 89(09)7 Port Angeles School District Portion of 9/10 Alley Between "B" and "C" Councilman Hallett moved to continue this item to the October 17, 1989, City Council meeting. Councilman Sargent seconded and the motion carried unanimously. C. Rezone Request REZ- 89(9)7 Alwine Property Abutting 4/5 Alley East of Peabody from RMF. Residential Multi Familv to OC. Office Commercial Mayor McPhee opened the public hearing at 7:28 P.M. Dennis Alwine, 519 South Peabody Street, stated he concurred with the findings of the Planning Commission and the Planning Department. Mayor McPhee then closed the public hearing at 7:29 P.M. and read the Ordinance by title, entitled ORDINANCE NO. 2546 AN ORDINANCE of the City of Port Angeles rezoning property located at 411 South Peabody Street from RMF to OC, and amending the City's Office Zoning Map, Ordinance 2158, and Ordinance No. 1709. 2. Planning Commission Minutes of September 27. 1989 1439 CITY COUNCIL MEETING October 3, 1989 Councilman Sargent moved to adopt the Ordinance as read by title, citing the following findings of fact: (1) The rezone will make land available for professional offices, or residential uses as permitted in the RMF District, and will be functionally related to the existing uses and zoning districts in the vicinity, in conformance with Commercial Policies Nos. 1 and 2, and Land Use Objectives Nos. 1 and 2; and (2) The Office Commercial zone abutting the subject property to the north will be expanded in a southerly direction, attaining a functional cluster configuration of zoning districts, in compliance with Commercial Policies Nos. 1 and 2. Councilman Gabriel seconded and the motion carried unanimously. A. Zoning Code Amendment ZCA- 89(9)8 Agricultural Uses in the LI. Light Industrial District Councilman Hallett moved to set a public hearing for the October 17, 1989, City Council meeting. Councilman Sargent seconded and the motion carried unanimously. B. Acceptance of Minutes Councilman Sargent moved to accept and place on file the Planning Commission minutes of September 27, 1989. Councilman Hallett seconded and the motion carried unanimously. 3. Street Vacation Request STV- 89(07)6 Snydal Portion of Third Street Mayor McPhee read the Ordinance by title, entitled AN ORDINANCE vacating a Councilman Hallett moved to compensation at $10,867.90. unanimously. ORDINANCE NO. 2547 of the City of Port Angeles portion of West Third Street. adopt the Ordinance as read by title, setting the Councilman Sargent seconded and the motion carried 4. Review of Clallam County Humane Society Audit and Contract Approval Council discussed with staff the contents of the audit. Some of the main points discussed were the Board of Directors participating in the development and approval of their budget; the internal controls and improvement of those controls; and the Council's policy to review the overall procedures with audits. Councilman Sargent moved to accept the audit, thereby giving final approval to the Contract with the Humane Society. Councilman Ostrowski seconded and the motion carried unanimously. 5. Update on Resolution of Noise ITT and Harborcrest Residents, Manager Flodstrom updated the Council on the sequence of events taking place since the Council's request that the City work with the neighbors and ITT in -3- 1440 CITY COUNCIL MEETING October 3, 1989 the resolution of the noise complaints. He stated that the solution lies between the affected parties. Rayonier is responsive, but he wondered how long before the noise level will be acceptable to the neighborhood. He noted that efforts have been made on the part of ITT to reduce the noise associated with the chip handling operation. To date, ITT Rayonier has padded tailgates on trucks dumping chips; watered equipment brakes to minimize the brakes' squeal; installed quieter mufflers; and have ordered insulation for engine compartments. Jeff Rosbach, Acting Mill Manager for ITT Rayonier, reviewed with the Council the efforts of Rayonier to work with the residents in mitigating this problem. He stated temporary solutions have been found to reduce noise levels and they are seeking permanent solutions. Discussion resulted between staff, the Council and Mr. Rosbach on the efforts being made by Rayonier. Larry Brisbin, 1844 Harborcrest, representing the neighborhood, stated since the meeting, the Department of Ecology Industrial Section has been contacted by the neighbors and the statement was made that ITT is not exempt from the Noise Ordinance. He stated he has not heard the noise, but it was his opinion it was because the work was stopped. Mayor McPhee requested that the Police Department do another sound level reading. Councilman Sargent appreciated the efforts of both parties in working toward a resolution. 6. Consideration of Morse Creek Wheeling Agreement Between City. BPA. and PUD Councilman Hallett moved to authorize the Mayor to sign the Agreement for Morse Creek Hydroelectric Project. Councilman Ostrowski seconded the motion. Following a short discussion, the question was called and the motion carried. BREAK Mayor McPhee recessed the meeting for a break at 8:08 P.M. The meeting reconvened at 8 :22 P.M. 7. Consideration of Amendments to Existing Pawnshop Regulations Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2548 AN ORDINANCE of the City of Port Angeles relating to pawnbrokers and second -hand dealers, and amending Chapter 11, Ordinance No. 2050, and Chapter 5.44 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title. Councilman Sargent seconded the motion. Councilman Sargent questioned the ability of the City to regulate the purchase of firearms. Assistant Chief Myers stated firearm regulation is pre empted by State law. Following a discussion of this issue, the question was called and the motion carried. 8. Consideration of Ordinance EstablishinE Salaries for Employees Represented by Teamsters Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2549 AN ORDINANCE of the City of Port Angeles amending Ordinance No. 2518, establishing a pay plan for employees represented by Teamsters Local #589 (Clerk /Dispatcher and Sworn Officer Units) for the period of January 1, 1989, through December 31, 1989, and providing for the payment thereof. 1441 CITY COUNCIL MEETING October 3, 1989 Councilman Sargent moved to adopt the Ordinance as read by title Councilman Hallett seconded and the motion carried unanimously. 9. Proclamation Fire Prevention Week October 8 -14. 1989 Mayor McPhee proclaimed the week of October 8 -14, 1989, as Fire Prevention Week, the theme being "Big fires start small keep matches and lighters in the right hands 10. Proclamation Public Power Week October 8 -14. 1989 Mayor McPhee proclaimed the week of October 8 -14, 1989, be designated Public Power Week. 11. Consideration of accepting Property Donation from Mr. Tom Martin. Sr. Councilman Sargent moved that the Council accept Mr. Martin's generous offer of property between Third and Fourth Streets on Francis Street and to send him a letter of thanks and appreciation. Councilman Hallett seconded and the motion carried unanimously. The property is located in Lot 14, Block 4, Cain's Subdivision of Suburban Lot 21 (southwest portion of Erickson Playfield). Councilman Sargent noted that the value of the property is $7,975. 12. Request from Port Angeles High School to Have Homecoming Fireworks Display October 13. 1989 Councilman Hallett moved to concur with the Fire Marshal's recommendation to grant permission to the Port Angeles High School for a 5- minute public fireworks display at Civic Field as part of their Homecoming activities on October 13, 1989. Councilman Sargent seconded. Following a short discussion, the question was called and the motion carried unanimously. 13. Discussion of Francis Street Right- of -Wav Paul Cronauer Manager Flodstrom provided the Council with an update of the issue regarding the Francis Street right -of -way, the anticipated work to be done there by the City c news, as well as Mr. Cronauer's offer to the City to complete that work in the right -of -way area, his intent being that it enhances the general appearance of the area as well as his personal property. It also facilitates doing some of the work which he feels needs to be done, and it was Manager Flodstrom's opinion that this issue should be a decioion of the City Council. Louie Torres, Olympic Development Planning, representing Mr. Cronauer and Terminal Land Company, stated the issue, from his perspective, is one in which there are concerns regarding the appearance and safety and the control of erosion in Francis Street as it exists today. A secondary issue and equally important is to reach some clarification as to what the City's plans and desires are with regard to this area. He provided Council a chronology of the issues from June, 1988, to present. Mr. Torres read into the record a letter written September 12, 1989, by himself to the City Council and the City Manager, expressing the interest of Terminal Land Company to perform, or at least help perform, some of the work to be done in the Francis Street right -of -way, hereto attached and incorporated as part of the record. Following a lengthy discussion on this issue, Council decided to hold a special meeting at the Francis Street right -of -way on October 6, 1989, at 1:00 P.M. to allow Council the opportunity to view and discuss the proposed work to be done. CITY COUNCIL MEETING October 3, 1989 14. Primary Election Costs,- Co ncilman Sargent, u l AA- /a n Q Councilman SargentAexprreesse d e concern over t e amount of money the City has been billed to cover the cost of the primary election. It was her opinion that this could have been handled more cost effectively through the Auditor's Office. She stated she felt the Council should direct a letter to the Auditor expressing that every effort should be made in the future to use as few people as possible and consider consolidating precincts the Auditor'sOffice feels there will be a low turnout. �I%w�uc.� Q�Q_ 'AXIL( -tom Q_ dQ/h.C_ QoeA.±ca►‘A. Councilman Hallett concurred. IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS CC.105 1442 Mayor McPhee felt it would be better not to go on record to instruct the County on how to run its Department. It was incumbent upon the City to improve the relationship between the County and the City and rather than sending a letter to the County, to just note for the record the cost of the election, being $13,644.06. 15. Discussion of Land East of City Hall on Fifth Street Mayor McPhee Mayor McPhee requested that staff maintain the grassy area east of City Hall on Fifth Street, all the way to the corner. Councilman Hallett stated he appreciated the information provided in the Information Agenda on the Medic I Advisory Board. He also noted the TCACC Newsletter, stating he felt it was very well done, and questioned Parks Recreation Director Brodhun about the Daishowa Ballfield and when it would be ready for use. Director Brodhun stated the Department anticipated that the field would be ready for use by 1990, but not until after the spring. Councilman Sargent noted that she is working on youth issues with the County and they are going very well. She also stated the City Birthday plans are going ahead. X ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to executive session at 9:45 P.M. to discuss items of litigation. Approximate time: 20 minutes. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 10:29 P.M. XII ADJOURNMENT The meeting adjourned at approximately 10:30 P.M. Clerk Mayor