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HomeMy WebLinkAboutMinutes 12/20/19881243 I CALL TO ORDER Mayor McPhee called the meeting to order at 7:00 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Paul Owens. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Lemon, Sargent, Stamon. Members Absent: Councilman Hordyk. Staff Present: CITY COUNCIL MEETING Port Angeles, Washington December 20, 1988 Manager Flodstrom, Attorney Knutson, Clerk Maike, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, P. Rose, K. Ridout, G. Kenworthy, S. Hursh. Public Present: Mr. Mrs. C. Alexander, J. VanOss, P. Cronauer, V. French, R. French. IV APPROVAL OF PORTION OF MINUTES. NOVEMBER 15TH MEETING. SPECIAL MEETINGS OF NOVEMBER 30TH. DECEMBER 1ST AND 3RD. REGULAR MEETING OF DECEMBER 6TH. AND SPECIAL MEETING OF DECEMBER 13. 1988 Councilman Stamon moved that the portion of the November 15, 1988, meeting minutes stand as drawn. Councilman Hallett seconded. Mayor McPhee stated the memo presented to Council did not reflect one of the statements made by Councilman Stamon, that it is was her intent to have an audited statement, and subsequently said it was her intent to discover what money has been put into the project to date and to have that attested to. He then stated to have something attested to is to affirm it, to bear witness to it and a notarized statement would take care of that. Councilman Stamon stated the particular issue to the motion is the way it is worded and the minutes correctly reflects what she had said. Mayor McPhee asked Attorney Knutson for his opinion. Attorney Knutson stated if there is a question as to what the motion was, he would agree that the minutes, as originally drafted, do, word for -word, reflect what the motion was. Following further discussion, the question was called and the motion carried with Mayor McPhee voting "No Councilman Sargent moved to accept and place on '4file the minutes of the November 30th special meeting. Councilman Gabriel seconded and the motion carried. Councilman Sargent moved to accept and place on file the minutes of the December 1st special meeting. Councilman Stamon seconded and the motion carried. Councilman Stamon moved to accept and place on file the minutes of the December 3rd special meeting. Councilman Hallett seconded. Mayor McPhee offered a correction to page 1, item 1, A, first sentence to add the words "previously used review so that the sentence would read: "Mayor McPhee requested the Council use the previously used review format, which is to ask and corrections to page 3, item D, Fire Department, adding a new paragraph: "Mayor McPhee spoke in opposition because the service record indicated that the present Fire Truck is in excellent shape." On call for the question, the motion carried. -1- 1244 CITY COUNCIL MEETING December 20, 1988 Councilman Stamon moved to accept and place on file the minutes of the regular meeting of December 6, 1988. Councilman Sargent seconded. Councilman Stamon offered corrections to page 3, item 1, public hearings, A. First paragraph, second sentence to add the word "planter so that the sentence would read, in part assume the responsibility for the care of assigned curbside planter boxes; and to page 7, Roger Stimbert is speaking, second sentence, to re -state the sentence: "The majority of the Port Angeles Tourism /Convention Association Board Members feel Councilman Sargent offered a correction to page 6, second paragraph, to add to the second sentence: "He submitted to Council a petition signed by 51 people who also would have liked to speak." Mayor McPhee offered a correction to page 3, last paragraph, final sentence adding the word "personal so that the sentence would read: "He suggested lowering the personal cost of the proposed budget to $5." On call for the question, the motion carried. Councilman Stamon moved to accept and place on file the minutes of the special meeting of December 13, 1988. Councilman Sargent seconded. Councilman Sargent offered a correction to page 4, third paragraph, first sentence, to remove the word "not so that the sentence would read: "Councilman Sargent stated she felt the size of conventions the City of Port Angeles can accommodate are brought here by local groups and service organizations." Mayor McPhee offered a correction to page 7, second paragraph, the motion regarding the funding level of the Symphony, stating he believed the motion was to state July 4th or some other holiday weekend. Councilman Sargent concurred. Clerk Maike indicated she believed the motion was correct and that she would check the record. Mayor McPhee directed Clerk Maike to check the record regarding the motion. Councilman Stamon offered an amendment to the motion to approve the minutes, subject to clarification and instructed the Clerk to make the change, if necessary. Councilman Sargent concurred. On call for the question, the amended motion carried. V FINANCE 1. Consideration of Final Payment and Acceptance of Water Main Proiect to Lydell Construction S2,048.20 Councilman Sargent moved to approve and accept the work performed, authorize final payment in the amount of $2,048.20, and authorize release of retained percentage in the amount of $3,434.89 after the 30 -day lien file period has elapsed and releases have been received from the Dbpartments of Revenue and Labor and Industries. Councilman Hallett seconded. On call for the question, the motion carried unanimously. Councilman Stamon noted the project came well under the engineer's cost estimate. 2. Request for Payment to Riddell. Williams of $331.52 for Legal Representation on WPPSS Issues Councilman Hallett moved to authorize payment of the December 1, 1988, Riddell Williams bill in the total amount of $331.52 for legal representa- tion on WPPSS issues. Councilman Gabriel seconded and the motion carried unanimously. VI CONSENT AGENDA Councilman Stamon moved to accept the items listed on the Consent Agenda, including (1) Request for progress payment to Lakeside Industries for Golf Course Road Project of $103,148.50; (2) Request permission to call for bids -2- VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA 1245 CITY COUNCIL MEETING December 20, 1988 for legal publications for the City for 1989; (3) Correspondence from Washington State Liquor Control Board; and (4) Vouchers of $361,557.30. Councilman Sargent seconded and the motion carried unanimously. Carl Alexander, 1712 West Fifth Street, questioned Council on the matter of Leonard Fuller placing an item on the Agenda, as he had noted the Agenda did not reflect Mr. Fuller's request to have an item placed on the agenda. Manager Flodstrom stated Mr. Fuller's concerns have been addressed by Council and himself several times in the past; there has not been any new information brought forth by Mr. Fuller; and Manager Flodstrom had informed Mr. Fuller, after conferring with the Mayor, that there was no need for the issue to go before the Council again, unless the situation had subsequently changed. Councilman Stamon declared this is the last meeting for two City employees who are leaving the City's employment: Paul Carr and Rob Orton. She wanted to acknowledge and express support and appreciation for the service they have given to the City for a number of years. Councilman Stamon moved the Council unanimously commend Paul Carr and Rob Orton for their services to the City and express Council's appreciation for the fine job they have done for the citizens of the City of Port Angeles. Councilman Hallett seconded and the motion carried unanimously. VIII LEGISLATION 1. Public Hearings A. Consideration of Revision to the Flood Plain Management Ordinance Mayor McPhee opened the public hearing at 7:22 P.M. Mayor McPhee stated these amendments are required to comply with the revised Federal standards, to ensure that the City of Port Angeles is complying with the National Flood Insurance Program, Flood Plain Management requirements. Ken Ridout, Deputy Director of Public Works, explained briefly the Flood Management Program, stating it is required by the Federal government to ensure that those persons either living or having businesses within the floodplain are able to get National Flood Insurance. Following further discussion, Mayor McPhee closed the public hearing at 7:28 P.M. and read the Ordinance by title, entitled ORDINANCE NO. 2514 AN ORDINANCE of the City of Port Angeles amending regulations for flood plain management, and amending Ordinances 2091 and 2445 and Chapter 15.12 of the Port Angeles Municipal Code. Councilman Lemon moved to adopt the Ordinance as read by title. Councilman Gabriel seconded and the motion carried unanimously. 2. Consideration of Setting a Public Hearing to Surplus City Property Lauridsen Blvd. Between "B" and "C" Streets Councilman Hallett moved to schedule a public hearing on this matter for the January 3, 1989, City Council meeting. Councilman Stamon seconded. On call for the question, the motion carried unanimously. 3. Planning Commission Minutes of December 14. 1988 A. Rezone Reouest RZ- 88(12)13 Darrel Vincent Reouest for Rezone Councilman Stamon moved to set a public hearing for the January 3, 1989, City Council meeting to consider the request to rezone property presently designated RS -7, Single Family Residential, to OC, Office Commercial, -3- 1246 CITY COUNCIL MEETING December 20, 1988 located at Lincoln and Laurel Streets. Councilman Hallett seconded and the motion carried. B. Zoning Code Amendment ZCA- 88(12)5 Home Occupation Clarification Councilman Stamon moved to set a public hearing for the January 3, 1989, City Council meeting to consider an amendment to Section 17.86.100 of the Home Occupations Chapter of the Zoning Code clarifying the finality of Planning Commission decisions on Home Occupations. Location: City -Wide. Councilman Hallett seconded and the motion carried unanimously. C. Acceptance of Minutes Councilman Sargent moved to accept and place on file the Planning Commission minutes of December 14, 1988. Councilman Hallett seconded and the motion carried unanimously. 4. Consideration of Adult Entertainment Regulatory Process Need for Extending Time Schedule Councilman Sargent moved to keep the interim adult entertainment ordinance in effect, pending further hearings by the Planning Commission, and discussion with the County over a joint planning approach. Councilman Lemon seconded and the motion carried. Councilman Stamon asked Attorney Knutson if this places an indefinite effective date on the interim ordinance. Attorney Knutson stated that was correct. 5. Consideration of Renewal of Hospice Lease, 331 East Fifth Street Councilman Hallett moved to authorize the Mayor to execute the lease agreement with Hospice for property at 331 East Fifth Street. Councilman Lemon seconded. Following some discussion of the issue, the question was called and the motion carried unanimously. 6. Consideration of 1988 Revised Budget Ordinance Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2515 AN ORDINANCE of the City of Port Angeles revising the Budget for the City of Port Angeles for the fiscal biennium ending December 31, 1988, and amending Section 2 of Ordinance 2428, as amended by Ordinance 2473, Ordinance 2484, and Ordinance 2490. Councilman Sargent moved to adopt the OrdinSnce as read by title. Councilman Stamon seconded and the motion carried unanimously. 7. Consideration of Ordinance for 1989 -90 Biennial Budget Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2516 AN ORDINANCE of the City of Port Angeles approving and adopting the Budget for the City of Port Angeles for the fiscal biennium ending December 31, 1990. Councilman Stamon moved to adopt the Ordinance as read by title. Councilman Sargent seconded. Manager Flodstrom submitted to Council a letter written by the Port Angeles Symphony Orchestra, dated December 16, 1988, objecting to the conditions of the contribution from the Hotel /Motel Tax to the Port Angeles Symphony, -4- 1247 CITY COUNCIL MEETING December 20, 1988 added at a subsequent City Council meeting. The letter points out the Symphony Orchestra performs a free family concert and the City's commitment of $5,000 would be more than off -set by the cost of another concert, which is between $5,000 and $8,000, plus the expenses of rehearsals. Councilman Stamon suggested the Council consider this as a part of their contract for services which spells out exactly what they are doing in exchange for the funds. The Council could address the problem at that time. The Council concurred with Councilman Stamon's suggestion. Councilman Lemon stated, for the record, that he would be voting in favor of the biennial budget; however, in regard to the Fire Department and the purchase of a fire truck, he would be more in favor of a sinking fund because the Department will be needing a new Medic vehicle also during this year. Mayor McPhee stated he was voting in favor of the budget because the City of Port Angeles needs a budget, stating he is not compromising on certain issues. He did feel the City is spending money they do not need to spend, just as there are other Councilmembers who feel the Council is not spending as much money as they should. Councilman Sargent complimented the City staff and the City Manager for a very professionally done budget. Councilman Hallett echoed Councilman Sargent's comments and he also appreciated the supplemental budget and he hoped this practice would continue in the future. Councilman Gabriel concurred. Councilman Stamon stated she would like to publicly express her appreciation to each and every member of the Council for the work they did during the budget process. On call for the question, the motion carried unanimously. 8. Consideration of City Council Committee Assignments for 1989 Councilman Sargent stated she felt it was advantageous for the Councilmem- bers to circulate membership of the Committees, if it is at all possible. Councilman Lemon stated he believed it should be voluntary if a person wanted to serve on the Boards; however, his time is very limited as to what Committees he can serve on; that his family and the business he is involved with comes first. He stated he would be interested in serving on the Revolving Loan Fund Committee Review Board, the Real Estate Committee, the Permit Processing Review Committee, the Audit Committee, and the Chamber of Commerce. Councilman Stamon stated she would be more than willing to continue to serve on the Boards she is presently serving and also on-lone of the Human Services Boards. Her assignments are UAC, Centennial Committee, Transit Board, ex- officio TCACC, and Puget Sound Health System. Councilman Sargent stated she would be happy to serve on the Boards she is on, but thinks Human Services Boards should be circulated. Councilman Stamon volunteered to serve on the Senior Citizen Board and Councilman Sargent will take Developmental Disabilities. Mayor McPhee volunteered to serve on the same Boards he is currently serving. Councilman Hallett was willing to serve on the same Boards; however, he was concerned that Council should try to sit on different Boards so they may be able to receive a different perspective. Councilman Gabriel stated he is satisfied with the Committees he has, stating also he would probably be looking, over the course of the year, to -5- 1248 CITY COUNCIL MEETING December 20, 1988 eliminate twelve or fourteen of these important to spend time on City related Councilmen Sargent and Stamon reported staying with his assignments. IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Committees, as he felt it was more Committees. that Councilman Hordyk was satisfied Manager Flodstrom presented to Council, as a late item, a proposed amendment to the Cronauer Shoreline Permit; the issue being, should the City Council consider amending the Shoreline Permit. Manager Flodstrom stated after the approval of the Shoreline Permit by Council on November 1st, there had been a significant amount of displeasure expressed by a number of people in the community and most specifically, by a service club in the community which is actively involved in the Waterfront Trail. Subsequently, Manager Flodstrom met with the individuals who have made comments, the representatives of the service club, and also with the developer, and there seems to be a general feeling among all parties that perhaps the Shoreline Permit and the conditions attached to that Permit did not reflect the intentions of all the parties, or the wishes of all the parties. In fact, the service club had indicated they would be filing an appeal to the Washington State Shorelines Hearings Board. He stated in an attempt to resolve the matter and avoid litigation, he had met with both the developer, Paul Cronauer, and repre- sentatives of the Soroptimists Club. After several meetings and discus- sions, it appears that both the developer and the Soroptimists have identified their needs and concerns; that the majority of their needs and concerns can be mutually accommodated. Manager Flodstrom stated he has received concurrence from both the developer and the Soroptimists Club if the Council wishes to hear further information on the issue and to consider amended conditions for the Shoreline Permit, they would support the idea that this item be considered by the City Council at its January 3, 1989, meeting, and if appropriate, the Council schedule a public hearing. The Council has three options for formalizing the process: (1) Submit the amended Permit to the Planning Commission for a public hearing; (2) Hold the public hearing before the City Council; or (3) Consider the Council's earlier decision and approve the revised permit without further public comment. Mayor McPhee asked Manager Flodstrom about any additional cost involved to the taxpayers. Manager Flodstrom stated he did not believe it would cost any more than the City would otherwise be putting into the development of the Waterfront Trail as proposed in the grant application, or as anticipated earlier in the year, prior to the Paul Cronauer development at Francis Street. Mayor McPhee asked if City employees would be working on the job -site. Manager Flodstrom stated no. Mayor McPhee asked Attorney Knutson about the legal repercussions that could beset the City if the matter was re- opened. Attorney Knutson stated the only legal repercussions would be positive if the possibility of an appeal to the Shorelines Hearings Board is avoided by pursuing this process. It could be, however, if the Soroptimists do not appeal, someone else might. Attorney Knutson did not see any negative repercussions from pursuing this approach unless one of the changes happens to offend or be opposed by someone else, of which, at this point, he is not aware. Councilman Lemon moved to reconsider the Council's earlier decision and approve the revised Permit without further public comment and to consider, in writing, possible compromises between the Soroptimists and the developer. Councilman Gabriel seconded. Councilman Stamon spoke in opposition, as she believed a public hearing needed to be conducted because there are now proposed changes to the Permit which has been issued, which are different from those items which were considered as a part of the last public hearing process. She suggested, with respect to the proposed changes, to limit public input simply to those changes. Councilman Gabriel withdrew his second and the motion died. -6- Councilman Hallett moved that the Council hold a public hearing on this matter and at the public hearing focus on the proposed changes and the agreements contemplated between the parties involved. Councilman Stamon seconded, with the understanding that those changes identified include the following conditions: (1) The Shoreline Permit, with conditions, as approved on November 15, 1988; (2) The sketch of the Francis Street area provided by the developer and used by the Planning Commission and the City Council to condition the current Shoreline Permit; (3) A listing of the major concerns and issues of both the developer and Soroptimist Jet Set Club; (4) A drawing (plan) which identifies a number of differences from the sketch previously considered by the City Council. This drawing includes: (a) more detailed plans of what is proposed for the development of Francis Street; (b) development of the ramped access from the Waterfront Trail to Francis Street; (c) development of the Waterfront Trail (at the level of the old railroad grade) all the way to Francis Street; (d) development of an access way from the Waterfront Trail through the rip -rap seawall down to the beach area; (e) right -of -way provisions for extending the Waterfront Trail (again, at or near the elevation of the previous railroad grade) to the east of Francis Street once further easements or rights -of -way become available; and (5) A revised shoreline permit application incorporating the changes set forth in the drawing described in #4 above. ;C.49 Councilman Sargent supported the statement. 1249 CITY COUNCIL MEETING December 20, 1988 Following further discussion of the matter, the question was called and the motion carried, with Councilman Lemon voting "No Councilman Hallett, speaking in reference to Item 8 on the Information Agenda, Invitation from the Planning Commission to hold a joint meeting on January 25, 1989, stated he felt the Council, as a whole, should plan on attending, or at least identify the members who will be attending, to enable the Planning Commission to plan accordingly. Councilman Stamon, speaking in reference to Item 12 on the Information Agenda, Letter from Port of Port Angeles, inviting the City Council to participate in a meeting to consider formation of a Port Advisory Council, asked Manager Flodstrom if there was a need for the Council to take further action. Manager Flodstrom stated if the Council is interested in having a representative on the Advisory Board to the Port, then he would be happy to convey that interest to the Port. Councilman Stamon announced there was to be a Youth 2000 meeting scheduled for January llth in the Council Chambers from 11 A.M. to 1:30 P.M. The program deals with youth issues on employment, drug abuse, education, etc. Further information will be provided by Commissioner Duncan. X ADJOURN TO EXECUTIVE SESSION Mayor_ McPhee recessed the meeting to Executive Session at 8:30 P.M. The purpose of this Executive Session is to discuss two items of litigation and one real estate item. The approximate length of the Executive Session would be 10 to 15 minutes. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 8:59 P.M. II ADJOURNMENT The meeting adjourned at approximately 9:00 P.M. Clerk Mayor