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HomeMy WebLinkAboutMinutes 11/18/1986I CALL TO ORDER Mayor Whidden called the meeting to order at 7:06 P.M. II ROLL CALL Members Present: Mayor Whidden, Councilmen Hallett, Hesla, McPhee, Quast, Stamon. Members Absent: Staff Present: Public Present: County Commissioner Evan Jones, County Prosecutor David Bruneau, G. Shipley, P. H. McDonagh, B. Burkhartdt, J. Petersen, D. Yeager, C. Alexander, H. Berglund, P. Feeley, D. Price, M. Martin, D. Bragg. Following Roll Call, Mayor Whidden announced there was a need to adjourn to a brief executive session for approximately 15 to 30 minutes with County Commissioner Evan Jones and County Prosecutor David Bruneau for the purpose of discussing possible litigation. Councilman McPhee then moved to adjourn the meeting to executive session. Councilman Quast seconded for discus- sion. Councilman Hallett felt the executive session should wait until later in the meeting. Councilman Stamon concurred. Following discussion, Councilman Hallett amended the motion to have the executive session follow- ing Item No. 2 under Legislation. Councilman Stamon seconded. On call for the question, the amendment to the motion passed. On call for the ques- tion, the original motion, as amended carried. III MINUTES On Register Page 615, Councilman Stamon amended the last line of the second paragraph, to include the words, in one bid process thus making the last sentence read: "Councilman Stamon emphasized that these projects had been lumped together in one bid process She further amended, on Register Page 615, Item No. 1 under Legislation, the last line to read: "Councilmen Schermer, Hallett and Hesla volunteered to attend." Councilman Stamon then included a sentence under Item lA of Legislation to read: "Mr. Beil was commended for his participation on the Fair Board." Councilman Stamon then moved to accept and place on file the minutes of November 4, 1986, as amended. Councilman McPhee then offered an amendment on Register Page 615, Item V, Consent Agenda, changing the last line to include: "Councilman McPhee was not present." On call for the question, the motion to accept the minutes as amended carried. IV FINANCE CITY COUNCIL MEETING Port Angeles, Washington November 18, 1986 Councilman Schermer. Manager Flodstrom, Attorney Knutson, Clerk Anderson, P. Carr, S. Ilk, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, D. Fortner, S. Roberds, D. Kelly, L. Cochrun, B. Coons, T. Smith. T. Reid, K. Maike, J. Abram, M. Bradley. 1. Payment Authorized to Riddell, Williams Councilman Quast moved to authorize payment of the November 3, 1986, Riddell, Williams bill in the amount of $9,203.64. Councilman Hesla seconded and the motion carried. 2. Consideration of Falls Creek Hydro Project Bids City Light Director Orton presented Councilmembers with further information and summarized the Falls Creek Project. Councilman Hallett moved to reject all bids as submitted and authorized staff to rebid the project and nego- tiate the necessary modifications. Councilman Stamon seconded. Discussion followed. On call for the question, the motion carried. 6 2 2 CITY COUNCIL MEETING November 18, 1986 V CONSENT AGENDA Councilman Quast moved to accept the items under the Consent Agenda includ- ing: (1) Request for progress payment to Cedar Ridge Construction of $204,654.12 for work on Morse Creek Hydro project; (2) Correspondence from Washington State Liquor Control Board; and (3) Vouchers of $203,717.76 and Payroll of 11 -2 -86 of $213,647.10. Councilman Stamon seconded. Councilman McPhee inquired about items under the Voucher Approval List. He questioned the need of $4,000 for temporary services. Finance Director Wolfe explained the need for help in putting the preliminary budgets to- gether. Councilman McPhee then asked if Councilmembers could obtain a list of what organizations the City belonged to and the amount of funds paid by taxpayers. Manager Flodstrom noted it was covered in the preliminary bud- get, as well as the Departmental budget presentations. Councilman McPhee made two other inquiries regarding covers for Solid Waste trucks, and employee memberships in Alta Fitness. On call for the question, the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA George Shipley, 1716 East Third Street, said he had missed the public hearing regarding Sea Farm of Norway and had submitted a letter to City Manager Flodstrom. Attorney Knutson explained a public comment period on the Shoreline Substantial Development Permit was open for thirty days and had already closed. He stated the letter could not be accepted unless the City Council decided to re -open that time period and hold another public hearing. VII LEGISLATION 1. Public Hearing A. Ediz Hook Rezone Request RZ- 86(10)8 (Continued from November 4, 1986) Mayor Whidden opened the public hearing. Pat McDonagh, 127 South Lincoln Street, addressed the Council on behalf of RV park owners organization. She asked what impact the rezone would have on the land west of the Coast Guard Station between Crown Zellerbach and the Coast Guard Station. Planner Carr explained the rezone of the Coast Guard Station would have no effect on the land west of the Coast Guard Station on Ediz Hook and that it was currently zoned industrial. Mayor Whidden clarified the property from Crown Zellerbach to the A -frame was City -owned property and the property from the A -frame east to the Coast Guard Station was leased by the City from the Federal Government. During discussion, Councilman Stamon noted the rezone was a housekeeping measure only, explaining that when the prop- erty became annexed into the City it was zoned as residential and that the Council's action would place that property in a more appropriate zoning category to coincide with current use of the facilities as PBP (Public Buildings and Parks). Following some discussion, Mayor Whidden closed the public hearing. Mayor Whidden then read the Ordinance by title, entitled ORDINANCE NO. 2418 AN ORDINANCE of the City of Port Angeles reclassifying property located on Ediz Hook from RS -9 to PBP. Councilman Stamon moved to adopt the Ordinance as read by title. Council- man Hallett seconded. Councilman Stamon then amended her motion to include adoption of the following findings of fact: (1) Rezone of the property to PBP would be consistent with Parks and Recreation Policy No. 3 because it would make possible to provide unusual or unique recreational opportunities and activities both on the City shoreline and in the heart of prime fishing area; (2) PBP zoning would enable preservation of the end of Ediz Hook in a more natural state and thus complies with Open Space Policy No. 3; (3) The end of Ediz Hook has significant public use potential and is currently used by the U. S. Coast Guard; thus, rezoning to PBP would achieve Land Use Objectives No. 1 and 2; (4) Public Buildings and Parks zoning would enable the conservation of the natural areas on Ediz Hook and thus would achieve C. Minutes Accepted CITY COUNCIL MEETING 6 2 3 November 18, 1986 Land Use Objective No. 3. Councilman Hallett concurred. On call for the question, the motion carried. 2. Planning Commission Minutes of November 12, 1986 A. Shoreline Management Permit Sea Farm of Norway Approved Councilman Stamon thanked the Planning Department for getting the informa- tion to Council in a timely manner. Following some discussion, Councilman Stamon moved to approve the Shoreline Substantial Development Permit for Sea Farm of Norway, subject to the fol- lowing conditions: (1) Navigational lights and radar reflectors be in- stalled on connecting log boom and cable of the pens with the approval of the U. S. Coast Guard and other State and Federal agencies; and the appli- cant cooperate in providing access to a navigation channel to the Port Angeles Pilots Station, Thunderbird Boathouse and public boat launch; (2) To reduce visual impacts from the south side of the Harbor, Ediz Hook, and other aquatic activity, black, dark green, or dark blue nets shall be used and all superstructures shall be painted in a similar color; (3) Water quality tests and a benthos survey shall be performed before installation and each year thereafter, and the operation modified as needed, to assure that the facility does not significantly degrade water quality, the marine habitat, and the benthic community, to assure compliance with the State Environmental Policy Act and to assure that the operation can be conducted according to sound environmental and health principles now and in the future; (4) To minimize impact on wildlife, double netting shall be in- stalled to discourage predators and the applicant shall not use lethal means of predator control; (5) The pens, anchors and superstructures shall be removed thirty days after the discontinuation of the use; (6) An amend- ment shall not be granted to raise any Pacific salmon species without a public hearing in the fall at the Planning Commission and notification of the professional fishing community; (7) Public hearings at the Planning Commission with full notification of the professional fishing community shall be conducted if Sea Farm of Norway applies for ocean release and recapture of any species of salmon or trout; (8) The east end of the pro- posed pens shall be in line with the east end of the existing pens; and citing the following findings of fact: (A) The salmon rearing pen facility is a shoreline- and water dependent use, which is encouraged by General Regulation C.1 and Land Use Element D.1.a; (B) With the attached condi- tions, the use will not significantly impede or restrict marine traffic in established navigational lanes, in compliance with Suburban Environment Use Activity Policy E.2.b; (C) Water quality and benthos monitoring assure that the use will comply with General Regulation C.5 and reduce the impact on the natural environment; (D) The project will be in the best interests of the community because it will diversify the economic base without signifi- cantly affecting existing Pilots Association operation or significantly reducing the recreational opportunities available to the community; (E) With the attached conditions, the proposal will comply with General Regula- tion C.7 and Suburban Environment Use Activity Policy E.2.b. Councilman Hesla seconded. Councilman Quast complimented local businesses for sup- porting Sea Farm of Norway. Councilman Hallett concurred with Councilman Quast and added compliments to all parties involved. On call for the question, the motion carried. Councilman Quast noted a letter of thank -you should be sent to Will Morish for his efforts in the process and for being an impartial arbitrator. B. Rezone Hearing Clallam County Physicians' Service Councilman Quast moved to set a public hearing to be held at the December 2nd Council meeting. Councilman Hesla seconded and the motion carried. Councilman Hesla moved to accept and place on file the Planning Commission minutes of November 12, 1986. Councilman Stamon seconded and the motion carried. Mayor Whidden then announced the Council would adjourn to executive session with County Commissioner Evan Jones and County Prosecutor David Bruneau for approximately 15 to 30 minutes to discuss possible litigation. Dennis 6 2 T CITY COUNCIL MEETING November 18, 1986 Bragg from KAPY Radio expressed concern to the City's approach in adjourn- ing to an executive session at this time, making reference to the Open Public Meeting Act, and urged officials to give the public an accounting of discussion afterwards. Del Price from The Chronicle expressed concern and opposition to Commissioner Jones attending the executive session, noting Commissioner Jones was not a part of the governing body, citing reference to the commentary of the Open Public Meetings Act. Attorney Knutson stated the provision in the Open Public Meetings Act did not exclude parties other than the ones that were named. Brief discussion followed. Mike Martin from The Daily News concurred with Del Price's and Dennis Bragg's comments and expressed concerns with discussion of the possible litigation resulting in an adverse financial impact on the City. Dennis Bragg then encouraged Councilmembers to give the press and the public a full account of the proceedings. Mayor Whidden adjourned the meeting to executive session at 8:02 P.M. The meeting was returned to open session at 8:30 P.M. Attorney Knutson briefly indicated the potential litigation ramifications which could result from the passage of the ordinances reflected in Items 7 (Consideration of or- dinance amending City's Criminal Code to remove certain criminal offenses), 8 (Consideration of ordinance amending City's Model Traffic Ordinance re- moving certain criminal traffic offenses) and 9 (Consideration of ordinance authorizing the establishment of a municipal court) on the Agenda. He stated the City had decided to consider those ordinances with the County in open session and a special meeting would be set before December 1st. Coun- cilman Quast then proposed that Council, in conjunction with representa- tives from the County, hold a special meeting for the purpose of discussing Agenda Items 7, 8 and 9 on November 25th. County Commissioner Jones and Councilmembers agreed, by consensus, to hold the special meeting on Tues- day, November 25, 1986, at 5:30 P.M. in the Clallam County Courthouse Meeting Room No. 160. 3. Street Vacation Requests Hearings Set A. Arthur Hill SV- 86(12)6 Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 31 -86 Councilman Quast moved to pass the Resolution as read by title and refer the matter to the Planning Commission. Councilman Hesla seconded and the motion carried. B. A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of the 5/6 alley in Block 186, TPA. Port of Port Angeles SV- 86(12)7 Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 32 -86 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of the 6/7 alley in Block 160, TPA. Councilman Stamon moved to pass the Resolution as read by title. Council- man Hesla seconded and the motion carried. C. Warren Schilke SV- 86(12)8 Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 33 -86 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Lincoln Street abutting Lot 20, Block 24, PSCC2. D. Howard Cunningham SV- 86(12)9 Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 34 -86 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Vine Street abutting Lot 10, Block 16, PSCC2. CITY COUNCIL MEETING 6 2 5 November 18, 1986 Councilman Hallett moved to pass the Resolution as read by title. Council- man Stamon seconded and the motion carried. Councilman Stamon moved to pass the Resolution as read by title. Council- man Quast seconded and the motion carried. Councilman Quast then requested the Planning Department supply the Real Estate Committee with the assessed valuations of the "to be vacated" areas before consideration by Council. 4. Parks, Recreation and Beautification Commission Minutes of November 16, 1986 (Continued from November 4, 1986) Manager Flodstrom offered a correction on the Agenda, stating the minutes should be of October 16, 1986, in lieu of November 16th. Councilman Quast made inquiry regarding office renovations for the Vern Burton Memorial Community Center. Parks Director Brodhun explained the need for office space at the Vern Burton Center versus the lack of office space at the William Shore Pool. Councilman Quast then moved to accept and place on file the Parks, Recrea- tion and Beautification Commission minutes of October 16, 1986. Councilman Stamon seconded and the motion carried. 5. Consideration of Agreement for Survey Services on McDougal Street Councilman Stamon abstained due t conflict of interest. Councilman Hallett moved to award the bid of $2,960 to Petersen Asso- ciates Land Surveying for the survey work on the McDougal Avenue L.I.D. proposal. Councilman McPhee seconded. Councilman Hallett amended his motion to include authorizing Mayor Whidden to sign the contract. Council- man McPhee concurred. On call for the question, the motion carried, with Councilman Stanton abstaining. Councilman Stamon then resumed her position on the Council. 6. Interviews for Candidates for Vacancy on Parks, Recreation and Beautification Commission Scheduled Mayor Whidden stated there were at least five individuals who had indicated an interest to be interviewed. Following brie' discussion, Councilman Quast moved to direct staff to schedule interviews for the five candidates prior to the December 2nd City Council meeting at 6 P.M. Councilman Hesla seconded and the motion carried. Mayor Whidden noted that Agenda Items 7, 8 and 9 would be deferred until the special meeting on November 25, 1986. 10. Public Hearing for Input on the Proposed Residential Fire Sprinkler Regulations Scheduled Councilman Hallett moved to set a public hearing for the December 2nd Council meeting. Councilman Stamon seconded and the motion carried. Councilman Stamon commended Fire Chief Glenn, the Fire Department, and Firefighter Jeff Abram for their efforts and good works on the proposed residential fire sprinkler project. 11. Consideration of Standard Contract for Fine Art Center Exhibits Councilman Stamon expressed concern with the Fine Art Center providing insurance coverage for exhibits in transport to the Center. She based her 6 2 6 CITY COUNCIL MEETING November 18, 1986 concern on possible liability to the City should a piece of fine art be damaged or destroyed in transport. Councilman Stamon then moved to authorize the Director of the Fine Art Center, Duncan McKiernan, to enter into the contract. Councilman Hallett seconded. Councilman McPhee noted, under Item 10 in the Agreement, a change in wording and proposed striking the word "sophisticated stating the word could be misleading with regard to the security system. Some discussion followed. Councilman Quast suggested replacing the word "sophisticated" with state -of- the -art. Councilman Stamon disagreed, and upon consensus of the Council, the word "sophisticated" in Item 10 of the Agreement was stricken. On call for the question, the motion carried. 12. Acceptance of Resignation of Planning Commission Member Councilman Stamon moved to accept Planning Commission, thanked him Angeles and instructed staff to advertise the vacancy. Councilman 13. Proclamation National Adoption Week November 23 Mayor Whidden proclaimed the week of November 23 to 19, Adoption Week in Port Angeles to acknowledge those community. 14. The 1987 -88 Preliminary City Budget Delivered VIII CITY COUNCIL COMMITTEE REPORTS LATE ITEMS the resignation of David Burns from the for his service to the City of Port write the appropriate letter and to Quast seconded and the motion carried. 29, 1986 1986, as National children in our City Manager Flodstrom delivered two volumes of the Preliminary 1987 -88 Biennial Budget to all the Councilmembers. Manager Flodstrom noted budget presentations by various Departments would be held on December 4th and 5th at 5 P.M. and December 6th at 9 A.M. He also noted, following Departmental presentations on December 6th, there would be presentations from special interest groups requesting funds from the City. Councilman Stamon publicly commended staff for their extra efforts in putting together the budget and getting it out two weeks early. Councilman Stamon noted Item No. 12 in the Information Agenda, a letter of commendation to Firefighter Jeff Abram, with regard to the home sprinkler system ordinance and extended Council's support and appreciation. Councilman Stamon asked Fire Chief Glenn to explain a piece of equipment which he was holding. Fire Chief Glenn explained it was a new UL- approved sprinkler head to help promote the residential sprinkler systems, as well as basic fire protection in the home. Councilman Hesla noted the Chamber of Commerce annual banquet on January 17, 1987, at Haguewood's. He also noted an invitation from Erl Hansen to attend an after -hours party at the Visitor Center on November 20, 1986, from 6 to 9 P.M. Councilman McPhee made inquiry regarding a letter received from Olympic Electric questioning the selection of sub contractors by Fremont Construc- tion. Manager Flodstrom indicated that the contractor, Fremont Construc- tion, had not indicated a problem with meeting specifications for the project as written. Councilman Quast asked Public Works Director Pittis if the ground near the culverts on Fifth Street east of Peabody was stabilized enough to move a house onto it. Public Works Director Pittis explained the area might take 15 to 20 years to stabilize and that complex construction would have to be included to support a house in that area. Brief discussion followed. Councilman Quast thanked Port Angeles Telecable for broadcasting the satellite summit dealing with nuclear issues for the community and publicly thanked the advertising sponsors and Channel 3. Councilman Hallett noted a letter received in support of the Public Infor- mation Program and urged Councilmembers to support the continuation of that Program. Manager Flodstrom noted the opening of the Fine Art Center on Saturday, November 22, 1986, and commended Director Duncan McKiernan for his prepara- tion of the facilities. Attorney Knutson distributed Ordinance No. 2417, the Electric Rate Ordi- nance, previously adopted by Council on November 4th, for an amendment. He noted the amendment would be on page 4 to include the words "occurring between the hours of 7 AM through 10 PM, Monday through Saturday Coun- cilman Stamon moved to amend the ordinance to include the above wording. Councilman Hallett seconded and the motion carried. IX ADJOURN TO EXECUTIVE SESSION Mayor Whidden adjourned the meeting to executive session at approximately 9:20 P.M. for discussion of personnel matters for approximately one -half hour. X RETURN TO OPEN SESSION /ADJOURNMENT The meeting returned to open session and adjourned at approximately 9:53 P.M. Clerk Prepared by: 0(10.41 OLANNILL:D. Mayor .(9 LLYCL2.it CITY COUNCIL MEETING 6 2 November 18, 1986