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HomeMy WebLinkAboutMinutes 11/07/1989I CALL TO ORDER Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:00 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Kris Cornell's Minihaha Adventure Group. Members present: Katie Gruver, Vanessa Ball, Amy Piccard, Emily Evans, Tessa Baskins, Shannon McWaters, and Beth Cornell. III ROLL CALL CITY COUNCIL MEETING Port Angeles, Washington November 7, 1989 1461 Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hordyk, Lemon, Ostrowski, Sargent. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson, Clerk Maike, S. Brodhun, M. Cleland, B. Collins, L. Glenn, J. Pittis, B. Titus, B. Coons, G. Kenworthy, J. Abernathy. Public Present: D. Dundie, L. Beil, L. Ross, R. Gruver. IV APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 17. 1989 Councilman Hordyk moved to accept and place on file the minutes of the October 17, 1989, City Council meeting. Councilman Lemon seconded the motion. Councilman Hallett offered a correction to page 18, Legislative item 8, stating the record should show that both he and Councilman Gabriel had been opposed to the motion. Councilman Gabriel concurred. On call for the question, the motion carried unanimously. V FINANCE 1. Request for Consideration of Contract for Survey Work on Secondary Treatment Plant with Polaris Engineering Councilman Hallett moved to authorize the Mayor to execute the contract with Polaris Engineering to provide surveying services, not to exceed $15,000. Council an Gabriel seconded the motion. Councilman Hordyk asked whether this included soil testing for building construction. Public Works Director Pittis responded this would cover the survey work that is necessary for the design. Therefore, it is topographic materials locations at the Plant. Councilman Hordyk questioned the necessity of the surveying, since this is City -owned property. Director Pittis explained this is necessary to ensure that in building secondary treatment on the property, it is placed within the boundaries which will be established in this surveying process, stating this is a normal process which is done with a project of this size and the money to be expended, to ensure that it is done correctly and that the boundaries are appropriate. Mayor McPhee questioned the amount of money necessary to do the work and requested that staff use every effort to keep the cost as low as possible. Following further comments, the motion was voted upon and carried unanimously. 1462 CITY COUNCIL MEETING November 7, 1989 2. Reauest for Payment to Riddell. Williams of 83.284.80 for Legal Representation on WPPSS Issues Councilman Sargent moved to approve the $24,861.51 already paid to Riddell, Williams and authorize payment of the current Riddell, Williams bill in the total amount of $3,284.80 for legal representation on WPPSS issues. Councilman Hallett seconded the motion. Following a brief discussion, the motion carried unanimously. VI CONSENT AGENDA Councilman Hordyk moved to approve the items listed on the Consent Agenda, as follows: (1) Correspondence from Washington State Liquor Control Board; (2) Vouchers of $2,177,014.09; and (3) Payroll of 10 -15 -89 of $283,810.56 and Payroll of 10 -29 -89 of $236,647.41. Councilman Sargent seconded the motion. Following a brief discussion of some of the items presented, the motion was voted upon and carried unanimously. VII ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA Jerry Cornell, 1019 East Ninth Street, speaking as the Chairman of the Planning Commission, stated it is a possibility, depending on the outcome of the election for City Councilmembers, that the Planning Commission may lose two members. Because of some of the issues that are coming before the Planning Commission in the near future, it is also possible that two of the Planning Commission members will have to step down on an appearance of fairness, which would leave the Commission with less than a quorum; and that the positions be advertised for as soon as the results of the election are announced. He suggested interviews be held the first meeting of December. Manager Flodstrom stated that the City currently has two citizens who have indicated an interest in filling Planning Commission vacancies: Ray Gruver and Jewell VanOss. He stated it would be possible, if the Council desired, to interview those candidates at the November 21st meeting for a possible appointment; and at the same time, advertise community -wide for additional candidates interested in the Planning Commission vacancy. The Council agreed by consensus to advertise for the vacancy. Councilman Hallett requested an update on the Harborcrest -ITT Rayonier Mill noise issue. Attorney Knutson responded that one specific action the City is currently undertaking is acquiring noise monitoring equipment which could be installed on a permanent or semi permanent basis. This equipment would enable the City to determine what the noise levels are for a long period of time; thereby allowing a better determination of the existence of any violations. Manager Flodstrom stated this is an un- manned station which would have some type of.sound level monitoring device that would be triggered by sound levels. The data would be collected on a daily or bi -daily basis. It was noted that ITT Rayonier has installed the insulating material around the compartments of the engines on the heavy equipment and that is their final effort at this time to reduce the noise levels. The City will continue to monitor those noise levels to ensure they are within the allowed decibel readings, and staff is also investigating the acquisition of noise monitoring equipment. VIII LEGISLATION 1. Public Hearing: A. Street Vacation Request STV- 89(9)7 Port Angeles School District: Reauest for Vacation of City Right -of -Way. 9/10 Alley between "B" and "C" Streets (Continued from 10 -3 and 10 -17) Councilman Sargent moved to continue this item to the November 21, 1989, City Council meeting. Councilman Hordyk seconded the motion, which carried unanimously. 3. Planning Commission Minutes of October 25. 1989 -3- 1463 CITY COUNCIL MEETING November 7, 1989 There was a brief discussion regarding the continuation of this item. Manager Flodstrom explained there is an issue being resolved regarding the sewer line and an easement that the City must retain. 2. PlanninE Commission Minutes of October 11. 1989 (Continued from 10- 17 -89) A. Shoreline Management Permit SMA- 89(10)102 Daishowa: Request to Allow Excavation and Land Farming of Petroleum Contaminated Soils Councilman Sargent moved to concur with the Planning Commission recommendation to approve the Shoreline Substantial Development Permit, subject to the following conditions: (1) The Project will be subject to the Public Works Department approval of site specific plans, which may include a monitoring plan, berming, or buffering along the lagoon; (2) The hours of operation be from 7 A.M. to 5 P.M., weekdays only; citing the following findings: (A) The proposed use is a continuation of the industrial use of the existing properties; (B) The proposal does not involve any discharges of waste materials to surface or ground water; (C) Short -term noise impacts from excavation and land farming activities are proposed to occur between the hours of 7:00 A.M. and 5:00 P.M.; and the following conclusions: (1) Removing contaminated soils from subsurface layers and placing it in the active surface layer will reduce ground water impacts, and the planting of a cover crop, such as barley or winter rye, will reduce surface water and storm run -off impacts; (2) The proposal is consistent with the policies and regulations of the Port Angeles Shoreline Master Program, the Port Angeles Comprehensive Plan, and the Zoning Code. Councilman Gabriel seconded the motion. Councilman Lemon expressed his concern regarding alternative treatment site No. 2 being located next to the lagoon. Planning Director Collins explained that the plan has a 50 -foot setback and a berm in place between the lagoon and the alternative treatment site where the dirt may be land farmed. The approval is for both sites, to speed up the digestion and cleaning up process of the soil. These would be set back 50 feet, according to the approved plan, with a vegetative buffer and a berm separating that from the lagoon. Councilman Lemon asked if this was sufficient to the standards of the Department of Ecology. Director Collins responded yes, that the Department had revised mitigation per comments from DOE. Following further discussion of the one -foot berm and the land farming techniques, the motion was voted upon and carried unanimously. A. Zonine Code Amendment ZCA- 89(10)8 CSD -N. Community Shopping District. Citv -Wide: Consideration of Proposed Revisions to the CSD -N Chapter of the City's Zonine Ordinance Councilman Hallett moved to set a public hearing for the November 21, 1989, City Council meeting to consider this issue. Councilman Lemon seconded the motion, which carried unanimously. B. Approval of Minutes of PlanninE Commission Meetine. October 25. 1989 Councilman Hallett moved to accept and place on file the Planning Commission minutes of October 25, 1989. Councilman Gabriel seconded the motion, which carried unanimously. 4. Proclamation Key Club Week November 5 -11. 1989 Mayor McPhee proclaimed the week of November 5 -11, 1989, as Key Club Week. 5. Consideration of Amending Real Estate Contract with Cissel (Valley Street Property) Manager Flodstrom provided the Council with updated materials on the issue which reflected payments that had been made. He stated one of the concerns expressed by the Real Estate Committee during a previous meeting was that the 10% interest rate on the contract, which was approved at the time the contract was initiated in 1983, may not reflect a current market interest rate for the contract if it were to be initiated today. The Real Estate Committee is asking that current interest rate be determined based on commercial banks loaning money for similar purchases. 1464 CITY COUNCIL MEETING November 7, 1989 Councilman Sargent noted it was the recommendation of the Real Estate Committee that the Council extend the contract for ten years, to increase the interest rate from 10% to 11.5%, and further, clarify language in the contract so it is not assignable or assumable. She then offered that as a motion. Councilman Hordyk seconded. Councilman Sargent noted the Real Estate Committee had reviewed current interest rates and they were satisfied that 11.5% would represent the current market rate. This is a fixed, not a variable rate. Councilman Hallett stated he concurred with the recommendation, except for the increase in the interest rate. He preferred that the contract remain at the lower rate of interest. Councilman Lemon, in rebuttal, stated the initial payments are being reduced by approximately $1,000 and the contract is being extended for an additional 120 months. He felt very uncomfortable with leaving the interest rate, on a piece of commercial property, at 10 He felt, as an asset to the citizens of Port Angeles, the Council has no other choice but to charge a comparable market rate. Councilman Sargent pointed out that the Council had addressed this contract approximately a year ago and the payments had been about $1,900 a month. With the suggestion as made, the payments will be reduced to about $1,000. She felt this was fair and equitable. The motion was voted on and carried unanimously. 6. Discussion of Department of Ecology's Comments on Engineering Report (For Sewage Pump Station 44 Marine Drive) Councilman Hallett moved that the City correspond with the Department of Ecology indicating the City will commit to the revisions, except that the City will undertake efforts to increase capacity and provide redundance to Pump Station #4 by adding an additional pump to the station. Councilman Gabriel seconded the motion. Councilman Sargent asked when the study being done by the Department of Ecology would be completed. Public Works Director Pittis responded he had received a telephone call that afternoon from the Department of Ecology and had been informed that the study has not been started. Director Pittis was asked at that time to take part in the study and he stated he will be taking the Council's concerns, and those of other cities, to the Department of Ecology. Councilman Lemon commented that he has received calls from concerned citizens in the community expressing their displeasure over the increased rates in Sewer and Solid Waste. He felt the Council should, as a top priority goal, strive to set up a sewer district and get the County involved. Councilman Hallett concurred. Councilman Hordyk stated he felt the Comprehensive Plan, when it is redrafted, will address the issue of perimeters of the City Timits, and that the City should start annexing to the east. Following a discussion on the sewer rate increase, latecomer's fees, and the anticipated cost of sewer bills at $58 a month, the motion was voted on and carried unanimously. 7. Consideration of Dispatch Contract with Fire District ¥42 Councilman Hallett moved to authorize the Mayor to sign the contract for Dispatch Services with Fire District #2. Councilman Sargent seconded the motion. Councilman Hallett thanked Assistant Police Chief Myers and the Commissioners of Fire District #2 for their efforts in drafting this contract. Councilman Lemon spoke in opposition to the contract, as the approximate fee is 12% below the actual cost of what the City pays; he felt the cost should be 100% the first year, and that the citizens of Port Angeles should not have to pay for the additional costs. -4- 1465 CITY COUNCIL MEETING November 7, 1989 Police Chief Cleland responded that the Department did not feel that 100% of the cost should be paid during the first year of expansion, but they sought to mitigate the first jump with the District, and that more accurate figures will be obtainable once the service has begun. Mayor McPhee stated he did not feel the people of Port Angeles should subsidize the 12 as the City is, in his opinion, already subsidizing too many people and too many other areas. He suggested that the payment amount be the full 100 Councilman Hallett felt it would be difficult to obtain real numbers, as there were too many unknowns in this situation. He suggested the Council approve the contract in a spirit of good cooperation. Councilman Sargent pointed out if the contract is approved, the duration is from July 1, 1989, through June 30, 1990, for the contract fee and method of payment. She felt the recalculation could be done in seven months and that more accurate figures would then be available. Following further discussion, the motion was voted upon and carried, with Councilmen Lemon, Hordyk, and Mayor McPhee voting "No 8. Consideration of "Automatic Aid" Agreement with Fire District #2 Councilman Hallett moved to authorize the Mayor to sign the interim agreement for Automatic Aid with Fire District #2. Councilman Ostrowski seconded the motion. Councilman Sargent stated the agreement will help build good will and cooperation between the City and Fire District #2. The agreement will enable District #2 to respond to areas where the City of Port Angeles may have a longer response time. Fire Chief Glenn explained that the Council had adopted a Mutual Aid Pact in 1982, but since the adoption of that agreement, it was found there are some insufficiencies that needed to be addressed, such as, an officer has to be at the scene before mutual aid could be requested; and in the event of a recently annexed area, i.e., Lower Elwha Road, the City needs to request assistance from District #2 because its response time is shorter than the City response time. This is an interim agreement which is added to the original mutual aid agreement. In essence, the agreement is a trade: District #2 responding automatically, and dispatched to any fire response in the Harborcrest area or the Lower Elwha area; also areas within Mt. Angeles Road and Old Mill Road. In exchange for those services, the City will assist District #2 in the event City Dispatchers know there is not an ambulance available to assist District #2 and they will automatically call off -duty people from the Port Angeles Fire Department to respond. Councilman Hallett stated this is more of a safeguard to those citizens who are on the boundaries of the City limits. Councilman Hordyk stated when the issue of Medic I first came to the City, he was opposed to the City being the controlling body of the Medic unit, as he felt this should be the duty of the Hospital District, and he stated he still feels that way. Mayor McPhee concurred, as he believed this should be District -wide and not City alone. He was concerned that the people of Port Angeles are paying more than their fair share and he suggested, as did Councilman Hordyk, a Hospital District -wide service. Chief Glenn responded that this had been attempted during the initial working of the Medic Program; however, the District 13 and Sequim Program were working so well they did not want to participate in a Hospital District. Councilman Hallett was of the opinion that the residents of the City of Port Angeles were not going to be paying more than their fair share. He felt this was a chance to be of assistance to our neighbors, whether they live within the City or not. It shows that governmental agencies can work together and as a result of this, it is a win -win situation. -5- 1466 CITY COUNCIL MEETING November 7, 1989 Councilman Hordyk stated he is in favor of mutual aid; that it is a necessity of all emergency districts; however, he believed the Medic Unit, at its inception, should have been under the jurisdiction of the Hospital District. Councilman Lemon requested that the program be monitored, as far as monetary amounts in the following year. Following further discussion, the question was called and the motion carried, with Mayor McPhee voting "No 9. Reauest for ADoroval of Civil Service Interview Board Clerk /Dispatcher Councilman Sargent moved to approve the Interview Board for Police Clerk/ Dispatcher. Councilman Hallett seconded the motion. Councilman Hordyk was opposed, as he felt this was a responsibility of the Civil Service Commissioners. Councilman Lemon concurred. The motion was voted on and carried, with Councilmen Hordyk and Lemon voting "No IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hallett made note of Information Agenda Item 15, the Fire Extinguisher Service Ordinance. Some discussion took place on this issue regarding the restrictions, the statutes of the State, and the City's ability for better control of these businesses. Manager Flodstrom noted that the list of equipment that is to be surplussed was available to the Council and requested the Audit Committee set a meeting date to review the equipment. A meeting date was set for November 16th at 11:30 A.M. at the City of Port Angeles Corporation Yard. X ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to executive session at 8:35 P.M. to discuss three items of litigation. Approximate time: 20 to 30 minutes. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 9:04 P.M. XII ADJOURNMENT The meeting adjourned at approximately 9:05 P.M. CC.111 'Clerk f Mayor