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HomeMy WebLinkAboutMinutes 01/02/1996 3191 CITY COUNCIL MEETING Port Angeles, Washington January 2, 1996 CALL TO ORDER - Deputy Mayor Ostrowski called the special meeting of the Port Angeles City Council SPECIAL MEETING:' to order at 6:40 p.m. ROLL CALL: Members Present: Deputy Mayor Ostrowski, Councilmembers-elect Braun, Campbell, and Wiggins, and Councilmembers Doyle, Hulett, and McKeown [arrived at 6:45 p.m.]. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, B. Coons, T. Smith, and K. Ridout. Public Present: K. Clark, J. Michalczik, and L. Nutter. ADJOURN TO The meeting adjourned to Executive Session to discuss two matters of litigation for EXECUTIVE SESSION: approximately 20 minutes. RETURN TO OPEN The meeting returned to open session at 7:08 p.m. SESSION: CALL TO ORDER - Deputy Mayor Ostrowski called the regular meeting of the Port Angeles City Council REGULAR MEETING: to order at 7:15 p.m. Administration of Clerk Upton administered the oath of office to Gary Braun, Orville Campbell, and Oath of Office Glenn Wiggins who were then immediately seated with the City Council. Election/Seating Deputy Mayor Ostrowski opened nominations for the position of Mayor. of Mayor Councilman Braun placed the name of Prosper Ostrowski in nomination for Mayor. Deputy Mayor Ostrowski asked if there were any further nominations. There being none, nominations were closed. Councilman Braun moved to cast a unanimous ballot for Prosper Ostrowski as Mayor for the next two years. Councilman Hulett seconded the motion, which carried unanimously. Deputy Mayor Ostrowski was then seated as Mayor. Election/Seating Mayor Ostrowski opened nominations for the position of Deputy Mayor. of Deputy Mayor Councilmember McKeown placed the name of Gary Braun in nomination for Deputy Mayor. Mayor Ostrowski asked if there were any further nominations. There being none, nominations were closed. Councilmember McKeown moved to cast a unanimous ballot for Gary Braun as Deputy Mayor for the next two years. Councilman Wiggins seconded the motion, which carried unanimously. Councilman Braun was then seated as Deputy Mayor. Mayor Ostrowski thanked the Council for electing him Mayor tbr the next two years, noting it was an honor to receive this endorsement from such an august group. He expressed the opinion that he was certain the Council members would follow the path for which they were elected. Because the Mayor in this form of government chairs the meeting, .Mayor Ostrowski assured the Council members that he would serve as facilitator and would ensure fairness between the Council members as they seek consensus in their decision making. He noted the need to prioritize goals and objectives and to focus on key issues. With the two new members joining the presently strong members, he felt the Council would move forward and achieve a great deal in 1996. Councilman Campbell stated he was honored to be a part of the Council, and he pledged to work constructively on behalf of the City and to continue to improve the economic well being and quality of life in Port Angeles. -1- 3192 CITY COUNCIL MEETING January 2, 1996 PLEDGE OF The Pledge of Allegiance to the Flag was led by the Campfire Starflight & ALLEGIANCE: Adventure Group, Terri Santiago, Leader. Those participating were: S. Aydelott, S. Lazzara, M. Kissler, B. J. Aydelott, and N. Kissler. APPROVAL OF Councilman Doyle moved to approve the minutes of the regular meeting of MINUTES: December 19, 1995. Councilman Braun seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: 1. Amendment 1 to ALPHA Engineering (HLA) Contract for Airport/Edgewood Boulevard Road Alignment Amendment 1 to ALPHA Engineering Contract Mayor Ostrowski asked Director of Public Works Pittis to provide the background on this issue. Director Pittis stated that this is a joint project between the City, Port, and County, which has been ongoing for approximately two years. The services requested in this amendment were not intended to be a part of the original scope of work. Director Pittis advised the Council that another amendment will need to be addressed in the future regarding construction. A brief discussion followed regarding division of costs between the three entities involved, and Manager Pomeranz explained that the majority of the funding comes from State dollars. Councilman Braun moved to authorize the Mayor to sign the Supplemental Agreement (Amendment No. 1) in the added amount of $31,661.66 to the current agreement with Harding Lawson Associates Infrastructure, Inc. which increases the total not to exceed the fee of the agreement to $200,210.09. Councilman Hulett seconded the motion, which carried unanimously. Final Acceptance and 2. Final Payment and Acceptance for Francis Street Basin Storm Drain Payment for Francis Street Improvements Storm Drain Improvements Mayor Ostrowski requested that Director Pittis provide a brief review of this issue. Director Pittis stated that the project has been completed, and the final cost was less than anticipated. There were reductions of significant amounts of gravel, backfill, etc., which resulted in the lower than anticipated costs. Councilman Doyle pointed out that more than $50,000 of the total cost was for traffic control. Director Pittis explained that this has become more of an item, especially for work done along arterials. Councilman Doyle moved to accept the project and authorize final payment of $19,985.11 to Aurora Engineering, Inc., and upon receipt of clearances from the Department of Revenue and the Department of Labor & Industries, authorize release of the retainage of $37,456.10 Councilman Braun seconded the motion, which carried unanimously. CONSENT AGENDA: Mayor Ostrowski reviewed the Consent Agenda and asked that Finance Director Godbey give a brief explanation of the contract with Yaley White, Inc. Director Godbey explained that she and the City Manager had been approached by the firm of Yaley White, who is currently representing 21 electric utilities across the state, to file an amended excise tax return on behalf of the City's electric utility. Director Godbey explained Yaley White's theory and stated the contract payment would be made on a contingency basis. If the return is successful, Yaley White is asking 15 % of the first $500,000 and 10% in excess of $500,000 remitted to the City. If the amended tax return effort is successful, Yaley White estimates a refund of about $1 million. Time was of the essence, as 1991 had to be amended before December 31, 1995; therefore, it was agreed .to go along with the 1991 amended return contingent upon Council approval. Director Godbey felt chances were remote that anything would come of the amended return. Manager Pomeranz stated that, when staff attempted to negotiate with Yaley White, he hoped to have City staff amend the succeeding years. In response to this attempt by the City, Yaley White raised the percentage rate to more than 30 % for the first year. At Councilman Hulett's request, Manager Pomeranz explained that a refund would go to the Light Department, then the UAC and the Council would decide how to distribute the funds to ratepayers. -2- 3193 January 2, 1996 CONSENT AGENDA: With respect to another Consent Agenda item, Mayor Ostrowski asked if there was (Cont'd) any discussion regarding the roll-off vehicle, and Councilman Doyle stated that he and Councilman Hulett were on the vehicle committee and had received a set of specifications written by staff for this vehicle. He felt it was a good idea that the Council have input on how specifications are written. Director Pittis pointed out that the estimated price is approximately $111,500. This vehicle was part of the Wastewater Bond Issue; therefore, it was not made a part of the budget. Director Pittis delineated the acquisitions and expenditures of the bond issue and reported the City has stayed below estimated expenditures. He felt expenses would continue to remain under budget, as this phase of the solids management program is completed. He gave a brief explanation of the vehicle and its uses. Discussion followed regarding use of biosolids and expenses involved in silvaculture and use of biosolids. Councilman Doyle moved to accept the Consent Agenda, including: 1) Contract with Yaley White, Inc.; 2) Call for bid for roll-off vehicle for landfill; 3) Payroll - December 17, 1995 - $377,002.23; and 4) Voucher list - December 29, 1995 - $2,335,724.72. Councilmember McKeown seconded the motion, which carried unanimously. ITEMS FROM THE Linda Nutter, 1703 E. 3rd, addressed the Council as Chair and representative of the AUDIENCE/COUNCIL/ Planning Commission. She extended a welcome from the Planning Commission to STAFF TO BE the new members of the City Council and indicated the Planning Commission is CONSIDERED OR looking forward to working with the City Council in 1996. PLACED ON A FUTURE AGENDA: Ms. Nutter asked to speak regarding the agenda item having to do with the Planning Commission minutes of December 13, 1995. Mayor Ostrowski indicated she would be invited to the podium to address the Council at that time. PUBLIC HEARINGS: 1. Final Subdivision Approval - Peachtree Estates Phase H - 2500 Block Eighteenth Street: Final approval for Phase II (Lots 1-13, and Lots 27-32) Final Approval - Peachtree of a 32-1ot subdivision located in the RS-9, Residential Single Family Zone Estates Phase II Mayor Ostrowski asked Planning Director Collins to review the details pertinent to the final subdivision approval for Peachtree Estates Phase II. Director Collins stated a public hearing was scheduled for this evening; however, an inquiry was received questioning whether proper notice of the hearing had been given. In that confirmation of the notice period has not been obtained, Director Collins recommended that the public hearing be opened, testimony received, and the hearing continued to the next regular meeting of January 16, 1996. He requested that the applicant indicate during the hearing the approval to extend the decision period to January 16. Mayor Ostrowski opened the public hearing at 7:52 p.m. Ken Clark, 935 N. 5th Avenue, Sequim, owner of Clark Land Office, addressed the Council as the agent for the developer, Kathy Palzer. Mr. Clark stated there was no problem with continuing the hearing and extending the time period for approval of the subdivision. The conditions of the subdivision approval have been met, and improvements are in place. Mr. Clark inquired of Director Collins if the condition regarding the property being located in the low noise area of the airport was part of the original conditions or if it was a result of the inquiry of the Port. - Director Collins explained that the additional condition, findings, and conclusions, which had been distributed to Council prior to the meeting, were due to a letter received from the Port on December 20, 1995, subsequent to review of the final plat by the Planning Commission. The letter from the Port should be considered as public testimony. Councilman Braun stated the Port wanted to point out that there may be some complaints in the future because of the airport. Councilman Braun felt this should be considered and mention should be made in the findings and conclusions. Councilman Wiggins asked if the noise concern was due to the possibility of larger planes using the airport, or if there was going to be a change in traffic patterns. Director Collins stated that there was concern that there may be some change in the noise contour as a result of airport activity. The Port is also concerned that people will complain even i~they are not' within the noise impact levels established by the Federal Government. -3- 3194 CITY COUNCIL MEETING January 2, 1996 PUBLIC HEARINGS: Further discussion followed regarding disclosure requirements and noise contour (Cont'd) areas. Councilman Braun stated the major concern was notification of the noise level to possible purchasers, and Mr. Clark felt that once public hearings are held at the Final Approval- Peachtree preliminary plat stage and all conditions of approval have been met, there is no Estates Phase II reason to deny the approval of the final plat. Mr. Clark stated it was not an original (Cont'd) condition to notify people of possible changes to the noise contour, and he did not feel it was legal to be added now. City Attorney Knutson stated this type of condition is different than the conditions referred to by Mr. Clark that must be met prior to final plat approval. This condition will be met after approval of the plat. Infrastructure improvements, streets, utilities, etc., must be met before final approval. Attorney Knutson felt that if the City is informed of environmental impacts relating to plat prior to fmal approval, the City has a duty to attempt to mitigate the impacts or determine the impacts do not require mitigation. Discussion ensued regarding real estate laws requiring disclosure and enforcement of the proposed condition. Mr. Clark felt the developer would not be opposed to the disclosure; however, he suggested the possibility of creating a different type of document which could be appropriately recorded and would, therefore, be found in a title search. Attorney Knutson stated the wording of the condition could be made more specific if the applicant so desired, to which Mr. Clark agreed. Councilman Hulett moved to continue the public hearing to January 16, 1996. Councilman Braun seconded the motion, which carried unanimously. LEGISLATION: ,I. Ordinances not Requiring Public Hearings None. Support of Social B. Resolutions not Requiring Public Hearings Diversity - Resolution No. 1-96 1. Resolution in Support of Social Diversity Mayor Ostrowski read the proposed Resolution: RESOLUTION NO. 1-96 A RESOLUTION by the City Council of the City of Port Angeles, Washington, opposing bigotry and hate and violations of citizens' civil rights, and encouraging each citizen to respect and celebrate the ethnic, racial, cultural, religious and social diversity of our community. Councilman Doyle moved to pass the Resolution as read. Councilmember McKeown seconded the motion. Councilmember McKeown indicated she was appalled by the recent activities, and she urged the Council to contact civic organizations, churches, and the like to seek their assistance in stopping this activity in the community. Councilman Campbell indicated his support of the City taking the leadership role in condemning these activities. Councilman Wiggins queried as to whether stronger language might be added to the Resolution to the extent the City would prosecute those people responsible for acts like this to the limit of the law. The Council was in agreement that such language should be added to the Resolution. Manager Pomeranz advised the Council that it has been suggested that the Resolution be published in the newspaper, a suggestion which was supported by the Council. Also, it was noted the City has posted a $500 reward for information pertinent to the violent activities. A vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilmembers Doyle, Wiggins, Braun, Hulett, and McKeown had no reports by COMMITTEE virtue of the holidays. Councilman Campbell informed the Council that he has been REPORTS: receiving input from the community about the responsiveness of the City staff during the recent storms. He asked that staff be informed of these positive comments, which Manager Pomeranz indicated would be done. -4- 3195 January 2, 1996 LEGISLATION: C. Planning Commission Minutes/Action Items (Cont'd) Planning Commission minutes of December 13, 1995 Shoreline Substantial Development Permit 1. Shoreline Substantial Development Permit - SMA 95(12)154, Thunderbird Boathouse, Ediz Hook: Request for a shoreline substantial development permit to allow the conversion of an existing use and the addition ora new structure/use on property located within the IH, Industrial Heavy zone, within the shoreline area. Linda Nutter, 1701 E. 3rd Street, advised the Council that the Planning Commission had discussed the possibility of establishing two ad hoc committees to implement the Comprehensive Plan in the areas of bicycle/walking routes and view corridors. Councilman Doyle felt this to be a good suggestion, but he didn't feel the Council could take action on the formulation of these committees at this time. He suggested that Director Collins return at a later date with a recommendation as to the specific purpose of each committee and the proposed makeup of the committees. By consensus, this was agreed to by the Council. The Council then considered the matter of the request for a Shoreline Substantial Development Permit by the Thunderbird Boathouse. Councilmember McKeown moved to concur with the recommendation of the Planning Commission and approve Shoreline Substantial Development Permit - SMA 95(12)154, citing Conditions 1 - 9, Findings I - 6, and Conclusions A - B, as set forth in Exhibit 'A", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion. Councilman Doyle addressed the matter of the sublease to the Stolt Seafarms; it appears that the building has already been remodeled. Director Collins indicated that, if this is the case, it would constitute a violation of the law. Councilman Doyle suggested a review of the lease agreement to be certain it is being followed, and Manager Pomeranz advised the Council that he had discussed this issue with Property Manager Ridout, who will contact Mr. Shepard tomorrow to seek clarification. Councilman Campbell queried as to whether the City had been contacted by the Elwha Tribe concerning this application, to which Director Collins responded the City had received no input. All shoreline applications are submitted to the Tribe for review. A vote was taken on the motion, which carried unanimously. City Council Committee D. Other Considerations Assignments 1. City Council Committee Assignments Mayor Ostrowski indicated his desire to refer th~ matter of City Council committee assignments to a committee to consider any possible additions, deletions or changes to the committees currently represented by City Council members. He asked Councilmembers Hulett and Braun to meet with Manager Pomeranz in this regard, and that they be prepared to make a recommendation at the next Council meeting. Mayor Ostrowski noted the need for an Annexation Committee, which Councilman Doyle felt would be appropriate in view of the fact there are certain committees no longer needed. Manager Pomeranz referenced the request from the Economic Development Council for a Council representative; the EDC will be advised that this matter has been deferred to the January 16 Council meeting. Also, Manager Pomeranz noted he would be recommending that a committee be appointed to select consultants for the landfill. Break Mayor Ostrowski recessed the meeting for a break at 8:30 p.m. The meeting reconvened at 8:46 p.m. Vacancies on Boards 2. Vacancies on Boards and Commissions and Commissions Mayor Ostrowski reviewed the information provided by the City Clerk concerning various upcoming vacancies on City Boards and Commissions. Councilman Hulett moved to approve the following reappointments: Robert King to the Planning Commission - term expires 3/1/2000, Barbara Kaufmann Gase to the Board of Adjustment - term expires 3/1/2000, and Sue Packman to the Parks, Recreation & Beautification Commission - term to expire 3/1/2000, and recommended the vacancies on the Planning Commission, Board of -5- 3196 CITY COUNCIL MEETING January 2, 1996 LEGISLATION: Adjustment, Parks, Recreation & Beautification Commission, and Cable TV (Cont'd) Government & Education Channel Advisory Committee be publicized via news releases, as well as in the City newsletter. Councilman Braun seconded the Vacancies on Boards motion, which carried unanimously. and Commissions (Cont'd) In that a third Council representative has not yet been appointed to the Utility Advisory Committee and because the UAC is meeting on January 8, Mayor Ostrowski asked Councilman Doyle, as the alternate, to attend the meeting. New Council Member 3. Set Time at~l Date for New Council Member Orientation Orientation Manager Pomeranz proposed a one-half day orientation session for the new Council members and one-half day for a field trip to City facilities. It was agreed the orientation session would be held on Friday, January 26, at 8:00 a.m. The field trip will be conducted on Friday, February 2, at 8:00 a.m. On another matter, Manager Pomeranz urged the members of the Council to participate in the 1996 Legislative Action Conference which will be held February 7 and 8 at the Tyee Hotel in Tumwater. This conference has been attended by Councilmembers in the past, which has proven to be most valuable. Selection Site for new 4. Selection Site for new Juvenile Rehabilitation Facility Juvenile Rehabilitation Facility Manager Pomeranz reported this letter had been brought before the Council, as he felt a determination should be made as to whether the Council wished to pursue further the possibility of seeking a juvenile rehabilitation facility. He noted he had discussed this issue with the Economic Development Council, particularly as it relates to the addition of job opportunities in the area. Discussion followed, with the question being asked as to how many employees are projected. Manager Pomeranz noted the letter did not specifically indicate how many would be employed, but he estimated it to be in excess of 100. Councilman Braun felt it would be in order to conduct a public hearing and seek public input before any decision is made. Because of the acreage requirement, Manager Pomeranz proposed the possibility of first discussing the issue with the County, as it may be possible to build such a facility just outside the City limits. It was noted that the City of Forks has already shown interest in having a facility in that area. By general cOnsensus, the Council agreed that Manager Pomeranz, along with Cotmcilmember McKeown, will meet with the County to discuss this further. Interlocal Joint Purchasing 5. lnterlocal Joint Purchasing Agreement with Ferry County Agreement with Ferry County Attorney Knutson provided information pertinent to the proposed agreement with Ferry County, which will enable them to purchase radio console furniture from Watson Furniture Systems at the City's price. Councilman Hulett moved to authorize the Mayor to execute the Interlocal Joint Purchasing Agreement with Ferry County. Councilman Doyle seconded the motion, which carried unanimously. Agreement for Operation 6. Agreement Between Downtown Association and Budget Rent-A-Car for of Downtown Parking Lot Operation of Downtown Parking Lot Attorney Knutson briefly reviewed the agreement between the Downtown Association and Budget Rent-a-Car tbr the operation of a downtown parking lot. He noted the new Councilmembers may wish to receive a detailed report on the downtown parking lots at a later date, as such a report may be rather lengthy. It was suggested that this take place during the orientation session to be conducted. Councilman Hulett moved to authorize the Mayor to sign the agreement between the Downtown Association and Budget Rent-A-Car for operation of a downtown parking lot. Councilman Campbell seconded the motion, .which carried unanimously. On another matter, the Council was advised that a meeting will be held this week with Jack Glaubert concerning his request to address the Council on access to his property. Apparently Mr. Glaubert plans to make a presentation as to his plans to develop the property and, at this time, Councihnan Hulett inquired as to the appropriateness of the Council receiving such a presentation at this time. He noted that various aspects of the proposed development would come before the Council at -6- 3197 January 2, 1996 LEGISLATION: a later date in the form of public hearings, and he questioned whether the Council (Cont'd) should be addressing the matter at this preliminary stage. Attorney Knutson indicated that such a meeting should not address those matters which will be coming to the Council in a quasi-judicial forum. Director Collins noted that the Council had inadvertently failed to take action on the December 13, 1995, Planning Commission minutes. Councilman Hulett moved to accept and place on file the Planning Commission minutes of December 13, 1995. The motion was seconded by Councilman Braun and carried unanimously. Manager Pomeranz referenced the memorandum in the Information Packet concerning the 1994 Building Codes. A meeting will be held with the members of the Home Builders Association, and he invited a Councilmember to join him at that meeting. Councilman Wiggins offered to attend. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. -7- 3198 THIS PAGE INTENTIONALLY LEFT BLANK 3199 Exhibit "A" CONDITIONS, FINDINGS & CONCLUSIONS - SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 9512)154, THUNDERBIRD BOATHOUSE, EDIZ HOOK: Conditions: 1. The applicant shall retain a qualified archaeologist to be on site at the time of any excavation activities and to monitor any such activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of thc archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. 2. The project shall comply with the regulations of Chapter 4, B, E, I, L & M, Chapter 5, H, and Chapter 6, C & F as well as all other pertinent regulations of the City's Shoreline Master Program. 3. The project shall comply with the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 4. The proposed use shall meet all requirements of the Port Angeles Municipal Code including, fire, and building code requirements. 5. The applicant shall submit for approval a detailed site plan including landscaping, parking and public access for the entire Lease Lot #8. 6. All portions of the site not under a City approved sublease to Stolt Seafarms shall be open and accessible to the public. 7. All storage areas on the site shall be screened from public view in accordance with the Shoreline Master Program. 8. Approval of the aquaculture portion of this permit is subject to approval of an Unclassified Use Permit in accordance with PAMC Section 17.96.060. 9. Approval of the retail portion of this permit is subject to approval of an Conditional Use Permit in accordance with PAMC Section 17.34.040 I. Findings: 1. The applicant, Terminator Tackle Company applied for a Shoreline Substantial Development Permit on October 5, 1995 (Please see Staff Report Attachment A). 2. A Mitigated Determination of Non-Significance (MDNS) was issued by the City of Port Angeles SEPA Responsible Official on December 5, 1995 (Please see Staff Report Attachment B). 3200 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 5. The site is designated Open Space in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Program. Conclusions: A. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Policies D-1 and D-2, and Conservation Policy B-18, the City's Industrial, Heavy zone, and the City's Shoreline Master Program, specifically Urban Harbor Management Policies 1, 2, 4, 6, 8, 9, 10, and 12, and Commercial Development Policies 1, 3, 4, and 5. B. The project will not be detrimental to the shoreline. ted by the Por geles City Council at its meeting of January 2, 1996. City Clerk (4 ~ -