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HomeMy WebLinkAboutMinutes 01/18/19942661 CITY COUNCIL MEETING Port Angeles, Washington January 18, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:05 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmen Braun, Doyle, and Hulett, Councilwoman McKeown, and Councilmen Ostrowski and Schueler. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, B. Coons, K. Ridout, D. Sawyer, B. Jones, S. Kenyon and G. Thomas. Public Present: M. Amundson, K. Messenger, M. Gagnon, R. Amundson, W. Hamilton, E. Main, J. Main, D. Nason, R. Moe, C. Sheinder, J. Ridder, K. & M. Sorenson, E. & H. Berglund, M. Lyon, J. Lyon, K. Starzenski, K. Hill, F. Freeman, L. Muhlig, J. Muhlig, T. Mores, Jr., P. Downie, J. Dobrowsky, J. Pallow, A. Dreyer, F. & R. Crabtree, M. Payne, G. & C. Bear, B. & B. Hedin, A. & L. Horrocks, K. Carlson, J. Fairshter, V. Hartman, C. & K. Schleusner, K. Bauer, R. Bauer, R. & L. Anderson, P. Joyce, R. Weaver, K. Weaver, C. Register, R. Erickson, C. Wasankari, J. Butler, T. & I. McKeown, F. Butch. ADJOURN TO The meeting adjourned to Executive Session at 6:06 p.m. to discuss litigation, EXECUTIVE SESSION: potential litigation, and labor negotiations for approximately 40 - 45 minutes. RETURN TO OPEN The meeting returned to open session at 7:05 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:10 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Boy Scout Troop //1458, Paul ALLEGIANCE: Carmean, Scoutmaster. Participants included: Eric Anticevich, Jimmy Cates, Jacob Wiegel, Matt Konrad, and Tony Carmean. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: January 4, 1994. Councilman Braun seconded the motion. Mayor Sargent pointed out that her name should be added to the Fire Hall Building Design Committee. A vote was taken on the motion, which carried unanimously. Mayor Sargent informed the Council that she was moving the public hearing on the correctional facility to the top of the agenda due to the large number of people who wished to address this issue. In light of the earthquake in California, Mayor Sargent briefly addressed emergency management operations in the City of Port Angeles, and Fire Chief Glenn reviewed what Port Angeles has done to prepare itself in case of an emergency of this nature. He discussed the planning efforts of the Peninsula Regional Emergency Planning Council, as well as Councilman Braun's leadership in preparing a disaster recovery plan. CEREMONIAL None. MATTERS/ PROCLAMATIONS: -1- 2662 January 18, 1994 LEGISLATION: A. Public Hearings Public Hearings 1. Correctional Facility Correctional Facility Mayor Sargent introduced the Assistant Director of Corrections, Bernie Warner, who was present to answer any questions. The Mayor summarized the recent meeting held between the City and the County regarding the issue of siting a correctional facility in the area. She reviewed the minimum criteria that must be met before a site can be considered and provided a list of community benefits that could be realized should such a facility be located in this area. Mayor Sargent requested that anyone wishing to speak to the issue limit the comments to three minutes. Before proceeding, however, she asked that Public Works Director Pittis review the map of potential sites. Director Pittis showed the potential 100-acre areas where the facility could possibly be located; he reviewed the infrastructure required to support a facility of this magnitude. Mayor Sargent introduced Robert Wright, Superintendent of the Clallam Bay Correctional Institute, and Newsom Baker, who was instrumental in siting the prison in Clallam Bay. These gentlemen were also available to answer questions. Mayor Sargent asked for a show of hands of those in favor of the City filing an application to site a prison in this area; she then requested a show of hands of those not in favor of siting a prison here. It appeared there were approximately ten to fifteen in favor, with the remaining either opposed or undecided. Mayor Sargent then opened the public hearing at 7:40 p.m. Doug Lefler, a resident of Port Angeles, was adamantly opposed to locating the prison here. He felt the utility systems in Port Angeles would be unable to support a facility of this size without enormous expansion, and he felt the expansion would cost the taxpayers a lot of money. He stated that the majority of the prisoners would come from King and Pierce Counties, and putting the prison in Clallam County would create logistic problems in transportation between those areas and Port Angeles. Therefore, the prison should be located in King or Pierce County. He further stated that the prisoners' friends and relatives would come into the community to live, and a significant amount of crime, drugs and undesirables would accompany them. Port Angeles does not want or need this. There will be problems regarding housing, increased welfare, and increased medical care, which is a poor trade off for the number of jobs offered by the prison. Robin Kirkman, Port Angeles, felt locating a prison here would bring an increase in crime. He stated that, before the prison was built in Clallam Bay, the City of Forks didn't have a gang problem. Now they have light gang activity in Forks, and it is a growing problem. People will come to the area hoping to get a job at the prison, which will swell the unemployment and welfare rolls. He was unhappy with the locations of the potential sites and felt no one should have to live near a prison. Mr. Kirkman was appalled at the thought of one near Dry Creek School; he felt a prison could go out in the County but not in the City. Chet Wasankari, 1237 Leo Lane, concurred with the sentiments expressed by Mr. Lefler and Mr. Kirkman. He felt the State would not provide any support other than initial set up. The State provided the funds for the Clallam Bay ambulance; the ambulance was traded in on a new model and due to a dispute with the hospital, the ambulance was transferred to Forks. Clallam Bay is without an ambulance, and the Fire Department must do this work. There is no guarantee that the people of Port Angeles will be hired by the prison. There are people in Clallam Bay who are unemployed despite the fact that they have taken classes in order to get prison jobs. Kash Starzenski, a county resident, wished to address this issue in the shadow of Initiative 601. The United States is in a fiscal bind, and anything done must be cost effective. Prisons are not cost effective. Prisons are only an inconvenience to the careers of the inmates and do not deter crime. It costs approximately $22,500 per annum to house each inmate. It's not worth it. Prisons should be done away with. There is a precedent in the past to send inmates outside the country. He stated that foreign countries should be able to bid on the prisoners. In urging Mr. Starzenski to stick to the subject, Mayor Sargent r&minded him that the ~three times and you're out" law was passed during the last election. Now we must deal with where these prisoners are to be housed. Mr. Starzenski felt the recidivism rate would be lower if prisoners had to serve their time in a foreign country. He went on to state that he did not understand why the amount of water needed per year for a prisoner was so much higher than for anyone else. He felt the prison, if constructed, could be used as a laboratory for a water treatment study. 2663 CITY COUNCIL MEETING January 18, 1994 LEGISLATION: Jack Lyon, Port Angeles, distributed a letter to the Council. He and his wife are (Cont'd) opposed to locating the prison in Port Angeles or the Urban Growth Area; he quoted from the letter he had distributed as to why they are opposed. Public Hearings Eleanor Little, Port Angeles, stated that the Clallam Bay prisoners walk off when Correctional Facility they want to. They could have fake I.D.s, which are legal in Washington, and walk (Cont'd) off and do whatever they wanted. There are no fences to keep them in. Mayor Sargent informed Ms. Little that the Clallam Bay Prison does indeed have fences; however, Clearwater does not. Ms. Little felt that, regardless of location, all prisons should have fences. Ms. Little expounded on what she felt was wrong with the community, including the lack of utility services to support a prison. She did not want Port Angeles to be saddled with the problems of Tacoma and Seattle. Mike Leafy, 417 E. llth, Port Angeles, wished to speak in support of the prison. Mr. Leafy came to Port Angeles six years ago as a promotion from the Monroe area to work at the Clallam Bay Correction Center. He stated that the relatives and friends of inmates are not criminals. Siting a prison is no more of a problem than the placement of a military base or Boeing plant. The prison in Monroe is next to the high school, in close proximity to the grade school, and abuts backyards of residences. Monroe has had some problems, but so has Port Angeles without a prison. People who have been out of work could be retrained for prison jobs. The people spoke out on crime when they voted on the "three strikes and you're out" initiative. These criminals must be put somewhere. Clallam Bay has had only two prisoners escape in the past six years. He felt this community could support a prison. Robert Crabtree, 714 N. Beech St., is employed at the Clallam Bay Correction Center. Mr. Crabtree lived in Shelton from 1964 to 1973 and lived within 10 or.15 minutes of the Correction Center. He could not remember a single instance where family or friends of the inmates created problems for the City of Shelton. Property values in Shelton have been steadily increasing over the past 15 years. The prison is the largest employer in Mason County. Port Angeles already has the problems they fear. There are weapons and drugs already in the high school. A prison is not going to make that big of an impact on these issues. Port Angeles and Clallam County have golxl law enforcement agencies, and the State will help provide additional law enforcement. There will be minimal problems. Al Horrocks, 2410 S. Lincoln Street, spoke on behalf of retirees in the area. He and his wife moved here in 1991, because they thought it was an ideal retirement location. He did not feel a prison in or near Port Angeles to be proper economic development. The area is perfect as a retirement community, and this brings longer, better term growth for the City. Ann Gilson, 1111 Olympus Avenue, echoed Mr. Horrocks sentiments. People who have moved to the area to retire have brought the savings of a lifetime with them to invest here. She would not have considered retiring in Port Angeles had there been a prison here. Retirees are looking for security and safety. She felt that people would no longer consider Port Angeles a good place to retire if there were a prison here. Peter Joyce, 135 W. llth Street, a retired LA County Deputy Sheriff, came here to raise his children, because he thought it would be a safe area to live. People have a right to fear prison escapes and increased criminal activity. The people dealt with will be the excrement of Seattle and Tacoma, many of whom are originally from Los Angeles. These people are predators; the value of life means nothing to a lot of them. The families of prisoners are not like your family. In LA, the families of prisoners tried to bring drugs and weapons into the prison. This is the type of family that will be moving to this area and attending the local schools. The State will publish studies that say this is not true; however, Mr. Joyce has seen it first hand and it is true. The City should be selling the beauty, the people, and friendliness of the area to companies in places like Los Angeles. Companies would then wish to relocate here because it is a better place. Mr. Joyce stated that this area has the highest number of registered sex offenders, per capita, for the County. This can be hidden from retirees, but a prison cannot be hidden. A prison will decrease property values. Seattle or Tacoma should Be housing their own prisoners. Herman Laugallies, Dry Creek Road, would like some answers on issues such as transportation and road service. Would the wastewater treatment plant have to be expanded and if so, what will it cost and who will pay for it'?. Will additional housing need to be developed? There is currently a shortage of available housing in our community. Finally, the added cOst of water, fire and police services needs to be addressed. Will this involve another increase in taxes to the citizens, or are there -3- 2664 CITY COUNCIL MELaTING January 18, 1994 LEGISLATION: other revenues to provide and defray the cost of these services? (Cont'd) Mayor Sargent felt it appropriate to stop the testimony at this point and seek a Public Hearings response to some off:the questions raised. She then introduced Bernie Warner, Assistant Director of Corrections for the State of Washington. Mr. Warner agreed Correctional Facility that siting correctional facilities was very difficult. He understood the concerns (Cont'd) presented; however, he wished to clarify the record on some observations that were shared tonight. The expense of expanded utilities, sewage and roads is built into the budget by the Department of Corrections. The community is not expected to bear the brunt of the infrastructure expansion for this institution. This is considered a shared cost. When the most recent institution was built outside of Spokane, the DOC spent approximately $4 million in road and sewage enhancements and expansion. Mr. Warner appreciated the concerns regarding King County inmates. Thirty-four percent of the offenders in the system are from King County, and there are zero prison beds there. Pierce and Snohomish Counties have four or five thousand prison beds in their community, so they do bear their share of the State correctional facilities. Regarding transportation, the DOC is already running transportation systems to the Clallam Bay facility, and this would provide access through Port Angeles which could be used efficiently. Concern was expressed about families. These studies were not done by the DOC, but by private researchers. The best study the State has is on a similar facility located in Walla Walla. The general length of stay is 24 months, which is not a significant enough amount of time to cause families to move all around the State when inmates are transported to different institutions. Walla Walla has 2200 inmates. A researcher from Whitman College went through every visitor card, and less than 100 immediate family visitors were from the Walla Walla community. This is not a significant impact. Housing is a legitimate issue. The DOC would look at this and attempt to address it. The DOC has polled the police chief of every community where a prison is located. There is no substantiating evidence that crime is higher in communities where there are correctional facilities. One study showed that family members of inmates were more victims than perpetrators of crime in their community. Currently, there are no prisons located in tourist cities, so he did not feel qualified to address this concern. There are 10,500 people sent to the DOC from courts throughout the State. In the year 2000, there will more than 14,000. The DOC has the responsibility to do something with these inmates. They cannot be turned loose in the community, so a new facility must be sited. Eighty percent of the staff at the Monroe facility is from Snohomish County. Mr. Warner indicated that Mr. Wright would be better equipped to answer questions on employment and housing for employees of the new facility. He reminded the audience that these are only the beginning steps of siting a facility, not the final ones. Port Angeles has made no commitment other than to have discussions with the DOC. There are 20 other communities throughout the State that are also discussing this facility with the DOC. Once it has been narrowed down to three sites, environmental impact studies will be done to address all the issues being raised here this evening. Part of this process includes additional public hearings. Mr. Warner informed the audience that this would be a multicustody institution. In the medium and close security beds, of which there are 7800 in the State, there was one escape in 1992 from McNeil Island, and the offender was apprehended within 48 hours. There are more escapes from minimum security institutions; there were 77 last year. Of these escapes, there were three additional crimes, and they were all property crimes with none against people. Mr. Warner did not wish to dispute the issues presented by Mr. Joyce; however, he stated that the DOC is not proposing a jail. A jail has a large turnover with an average length of stay of three to five days. The facility under discussion is a correctional institution, which has programs to occupy the offenders. It is a secure facility without inmates coming and going. This cannot be compared to a county jail. Mayor Sargent inquired about the water n~ds being overstated in the proposal. Mr. Warner could not answer this question, as the water requirements were put together by an engineering group. Mayor Sargent thanked Mr. Warner for his input. Mayor Sargent then asked Mr. Wright to approach the podium and speak to the local area and what has happened at the Clallam Bay facility. Mr. Wright informed the Council that correctional facilities are one of the ten leading growth industries in the 2665 CITY COUNCIL MEETING January 18, 1994 LEGISLATION: United States. This is not a happy commentary about life in the United States, but (Cont'd) it is a fact of life. One out of every 27 adult males is either in prison or on probation or parole. There is a growing problem with respect to housing these Public Hearings people: There are 15 prisons in the State at this time. In 1991, the State of Washington was leading the nation with respect to the percentage of increase of Correctional Facility prisoners to lock up. (Cont'd) Mr. Wright explained that facility staff must do their work in accordance with the standards of the American Correctional Association and the National Commission of Accreditation. -There are 400 employees at Clallam Bay, and 165 reside in Clallam Bay/Sekiu, 103 reside in Forks, 64 reside in Port Angeles, 20 in Neah Bay, 12 in Beaver, 6 in Sequim, and 4 in Joyce. There is an additional 30 staff members who are faculty members from Peninsula College and teach at the facility each day. The impact of visitors is minimal in Clallam Bay~ It is dependent upon the services and facilities available in the communities where prisons are sited and located. It is also dependent on the local welcome and hosting. Most of the prisoners, when they are released, return to their homes, so there is no impact on the community where the prison is located. Fire protection is approached in two ways. There is an ongoing service agreement with the Fire Department, and there are one time impact funds to increase the infrastructure of the Fire Department if they need additional equipment. Mr. Wright felt that one can't really understand a correctional facility until it is seen. He offered anyone on the Council or in the audience who would like to tour Clallam Bay to let him know so a tour can be arranged. Councilman Schueler asked if there was a particular reason why King County did not have any prison facilities. Mr. Warner stated that King County already has a county jail as well as a federal institution, which will house 500 beds for federal detainees. Councilman Schueler then asked if a prisoner had to serve parole in a particular place. Mr. Warner responded that not all prisoners who are released are on parole. However, those on parole must sign up with a parole officer in the county in which they were convicted. The public heating was then continued. Ron Erickson, a resident of Clallam Bay for a number of years, indicated the Department of Corrections made many promises which were not kept. He stated that the prison system was not effective; he felt the prison should only house those people from the area where they committed the crime. Each City should be responsible for their own prisoners. Ian McCaleb, Power Plant Road, raised a question as to why the State doesn't contract with the Federal Government for the facilities they no longer use, such as military bases. The infrastructure is in; only fences are needed. Curt Anderson moved to Port Angeles from Bellevue in an effort to find a nicer place to live. Data can be collected to support any point you wish to make. Our energies should be focused on technological industries, not prisons. He does not believe a prison enhances an area, even though it can create 700 new jobs. Heidi Waite, 97 N. Evergreen Drive, expressed opposition to siting the prison in the Dry Creek School area. She and her friends like to play in the woods in that area, and they would no longer be safe. She felt it would not even be safe to play in her own backyard. Karla Weaver, 52 Rickarla Circle, lives near one of the proposed sites. She and her husband just recently relocated to this area; they are appalled at the idea of a prison on the City outskirts. The community is present tonight to let the Council know a prison is not wanted in this area. Hattie Berglund, 1834 W. 7th Street, felt it was improper and not in the interest of good government for an agency, namely the EDC, to endorse the siting of a 1900 bed prison in Clallam County before public hearings are held. She agreed with a lot of the previous speakers. Is there enough primary and secondary treatment to handle the sewage generated by the prison? Is there enough water to serve the construction under proposal in the City and County? More than 90 users have legally enforceable water rights to the City's Elwha water supply. Solid waste is already being accepted from Clallam Bay that is filling up the landfill. These problems need to be addressed no matter where the prison is located. Siting a prison in the City or County would take a major toll on the time and resources available and would make it impossible for City staff to adequately serve the public and address the problems that already exist in Port Angeles. -5- 2666 C1TY COUNCIL MEETING January 18, 1994 LEGISLATION: Jim Byse, Port Angeles, thanked the Council for the oppommity to speak. In the (Cont'd) 60's, the County had a contract with the DOC to house prison inmates at the County jail. One inmate, after his release, got a job delivering furniture and raped a woman Public Heatings during one of his deliveries. ' Mi. Byse is very much against locating a prison in this area. Correctional Facility (Cont'd) Stephanie Tyler, 832 W. 14th Street, a Senior at Port Angeles High School, is 18, an honor student, has a GPA of 3.5, and is in the top 10% of her class. Tonight she has heard people refer to the families of prisoners as undesirables, the excrement of society and second class citizens. Her father is in a maximum security prison for having committed numerous sex crimes against his family and society. She asked that during the talks people take into account that all of humanity has the same soul and deserves respect. People may not want a prison, but she asks that people have the common courtesy to refer to others as a brother, as an equal, regardless of what he has done. Carolyn Waite, 97 N. Evergreen Drive, empathized with Ms. Tyler's feelings; however, she did not want a prison in Port Angeles. She suggested that this issue be put to a vote so that the Council can better represent the citizens of Port Angeles. She reiterated many of the concerns regarding cost for infrastructure and water problems. She felt it was the Council's responsibility to prove there not be a negative impact on the community if a prison were built. Katherine Carlson, 267 Silver Lane, a professional researcher, scholar, faculty member of Peninsula College, and a person who has published in peer review journals studies of prison impacts, did a study on impacts of the prison in Clallam Bay,' which was administered through Clallam County and the Clallam County's Sheriff's Department. It was not biased and not paid for by the State. Ms. Carlson was offended by many things said here tonight. She did not participate in the public heatings for the siting of the Clallam Bay Correctional Facility, as she commenced the study after the public hearings. However, she has read the transcript from those hearings, as well as the environmental impact statement, which did not make the promises which were imputed to it. No one is without blemish, but everyone .has the capacity to change and grow. Inmate family members are among the most disadvantaged. They are stigmatized and ostracized. The reseamh on prisons has shown that the impacts of a prison are on the plus side in terms of economic benefits to the local area. Joann Laugallies, 2807 Baldy View Drive, was opposed to a correctional facility located in either the area between Cameron and Benson Roads or on Dry Creek. She was also concerned over the water table and alarmed to think a prison might be built on what is a wetland. Break Mayor Sargent closed the public hearing and recessed the meeting for a break at 9:25 p.m. The meeting reConvened at 9:55 p.m. Mayor Sargent reminded the Council that the deadline for making a proposal on the prison was January 31; therefore, a decision must be made on this tonight. She informed the audience that, of all the governing bodies involved in this process, the City is the only one holding a public heating because the Council wanted citizen input. Councilwoman McKeown moved that the City of Port Angeles not site a prison within the City nor within the urban growth boundaries. Councilman Ostrowski seconded the motion. Councilman Ostrowski reminded the Council that they had goals and objectives, and these should be reviewed to see if building a prison is · compatible with the goals. He agreed that jails should be built where the crime occurs, and he felt the prison would negatively impact tourism. The two potential prison sites are both zoned industrial, and the City has a shortage of industrial sites. He expressed opposition to a prison being located in the Port Angeles area. Councilwoman McKeown stated that the reason she made the motion was due to the time constraints. She did not feel the Council had enough time to make a sound decision on something that would have this large of an impact on the community. She felt that she could not vote for something that would take away land zoned for industrial use. Councilman Schueler stated that he was a part-time employee of the Clallam Bay Correctional Facility; however, he didn't feel a conflict of interest existed on this issue. He urged the Council to not vote against this issue just because of time restraints. He did not feel he could vote in favor of the motion. The process should be taken further before this decision is made. Councilman Doyle felt it was unfortunate that both of the potential sites were 2667 CITY COUNCIL MEETING January 18, 1994 LEGISLATION: industrial, as the City has so few of them, and there are no other 100 acre sites (Cont'd) available within the City. According to the County Auditor's office, 74.5% of Clallam County voted in favor of 1-593 (three strikes and yOU're out initiative). Public Hearings Therefore, more prisons are needed. The area needs jobs, tourism, retirement, and quality of life - it's a difficult decision. Correctional Facility (Cont'd) Councilman Braun appreciated the aspect of new jobs; however, he acknowledged there are some negative aspects as well. What is good for the community? He has not heard a lot of negativism on prisons from other states. It is a difficult decision. Personally, he expressed support for siting the prison here, but he noted he may have to vote against it if that is the wish of his constituents. Councilman Hulett felt the time constraints placed by the State on this project are a deterrent. He was concerned over possible costs to the City for a project of this magnitude. It was stated that it would be a shared cost for roads, water and sewer; how much is the City's portion? It sounded like this was negotiated after the site was selected, but this information is needed before a decision can be made on whether or not the City wished to be considered as a site. This could make a real financial impact on an already tight budget. Councilman Ostrowski informed the audience that a public hearing was not necessary; however, the Council requested one in order to obtain citizen input. Eighty-five percent of the people who spoke tonight were against it, and he urged the Council to consider this when they voted. Mayor Sargent felt there were unsubstantiated stigmas applied to prisons. She has lived in two cities which housed prisons, and they were both fine places to live. She felt people would be pleasantly surprised if they went out and toured the Clallam Bay facility. She agreed the time constraints, in addition to the overwhelming testimony regarding the potential sites, make this a difficult situation. A vote was taken on the motion, which carried unanimously. Meeting Extended Councilman Ostrowski moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilman Braun seconded the motion, which carried unanimously. CITY COUNCIL Councilman Hulett attended a Visitor & Convention Bureau Retreat in Victoria. This COMMITTEE is an enthusiastic group, which has set some very good goals. REPORTS: Councilwoman McKeown attended UAC, but will defer to Councilman Braun for the report. She also attended the AWC Newly Elected Officials Conference in Tacoma, which was interesting and informative. Councilman Ostrowski attended a Real Estate Committee meeting with no action taken. He also attended the Governor's Prayer Breakfast in Olympia. Councilman Schueler also attended the UAC and will defer to Councilman Braun.. Councilman Doyle attended a Fire Station Design Committee meeting, where they toured the construction site of the new fire hall. He also attended Real Estate Committee meetings and the AWC Newly Elected Officials Conference in Tacoma. Councilman Braun attended the Law and Justice Advisory Committee meeting, where they are still working on fact finding. He also attended the Fire Station Design Committee meeting, the Real Estate Committee meeting, the City/County meeting on the prison siting, and the UAC meeting, where he was elected Chair. There are several issues on tonight's agenda from this meeting, so he will speak to the issues at that time. Also, Public Works Director Pittis showed videos of the Peabody Creek culvert and the repair of the water main near the Peabody Creek Reservoir, which he hopes the rest of the Council can view at some future date. Mayor Sargent attended the Peninsula Development Association meeting which is doing a study to see if a wood products manufacturing technology center can be built, with grant money, on the Peninsula. FINANCE:, None. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: (1) Transition Solid Waste Permit Application; (2) Authorization to advertise for bids on pier float replacement project; (3) Payroll for January 2, 1994, of $331,985.15; (4) Voucher list for January 14, 1994, of $1,724,701.70. Councilman Schueler -7- 2668 crrY COUNCIL MEEllNG January 18, 1994 CONSENT AGENDA: seconded the motion. After limited discussion, a vote was taken on the motion, (Cont'd) which carried unanimously. ITEMS FROM THE Bureau of Reclamation Visit AUDIENCE/COUNCIL/ STAFF TO BE Orville Campbell, 820 Milwaukee Drive, was present as a representative of the CONSIDERED OR James River Corporation, owner of the Elwha River dams. Commissioner Daniel PLACED ON A Beard, Chief of the Bureau of Reclamation, will be visiting the northwest the first FUTURE AGENDA: week in February. This would be an opportunity for the Commissioner to meet with the elected officials of Clallam County and Port Angeles and brief them on the final report to Congress on the Elwha River restoration project. A meeting is tentatively set for 11 a.m., Thursday, February 3, 1994. A discussion followed regarding which Council members could attend, as this is the same day as a meeting they will be attending in Olympia. Mr. Campbell assured the Council he would keep them apprised. Councilman Ostrowski asked to add discussion concerning his letter regarding the spotted owl as Item E. 6. Councilman Schueler asked to discuss the Bicycle Helmet law, which was added as Item E. 7. Chief Glenn requested the addition of Item E. 8, regarding a payment to the contractor for fire hall construction. City Manager Pomeranz requested that item E.5., the proposed contract with Diversified Industries, be moved up to become E. 1. in order to accommodate those wishing to address the issue. LEGISLATION: A. Public Hearings - Continued (Cont'd) 2. STREET VACATION REQUEST- STV 93(12)07- REGISTER, ~L~ Street Street Vacation - Register Between 15/16 alley and 16th Street. Mayor Sargent reviewed the information provided by the Planning Department. Planning Director Collins pointed out to the Council that there is an addendum to the January 12 Planning Commission minutes which refers to this item. Mr. Register, applicant, requested that this item be continued to the February 1, 1994, Council meeting, due to the lateness of the hour. Mayor Sargent opened the public hearing at 10:42 p.m. There being no one present who wished to address the issue, Councilman Braun moved to continue the hearing to February 1, 1994. Councilman Hulett seconded the motion, which carried unanimously. Zoning Code Amendment 3. ZONING CODE AMENDMENT- ZCA 93(11)04 - CITY OF PORT City of Port Angeles ANGELES, City-Wide: Minor amendments to development regulations of the City's Municipal Code to clarify provisions and make minor changes which are considered housekeeping in nature. Director Collins informed the Council that some of the ordinance copies in the packet were missing pages. He felt it appropriate to open the public hearing and continue the matter to the next meeting so that Council might have a complete packet. Mayor Sargent opened the public hearing at 10:45 p.m. There being no one present who wished to address the issue at this time, Councilman Schueler moved to continue the public hearing to February 1, 1994. Councilman Braun seconded the motion, which carried unanimously. Interest on Delinquent B. Ordinances Not Requiring a Public Hearing Utility Accounts - Ordinance No. 2791 I. Revising Interest on Delinquent Utility Accounts. Employees Mayor Sargent reviewed the information provided by the Finance Department, and read the Ordinance by title, entitled ORDINANCE NO. 2791 AN ORDINANCE of the City of Port Angeles setting the interest rate for delinquent -8- 2669 CITY COUNCIL MEETING January 18, 1994 LEGISLATION: utility bills and amending Ordinance (Cont'd) No. 2693 and Section 3.64.075 of the Port Angeles Municipal Code. Interest on Delinquent Utility Accounts- Councilman Ostrowski moved to adopt the Ordinance as read by title. Ordinance No. 2791 Councilman Hulett seconded the morion. Councilman Braun informed the Council (Cont'd) that this item had been considered by the Utility Advisory Committee, and a recommendation for approval was agreed upon at that time. A vote was taken on the motion, which carried unanimously. Utility Disconnect Fees - 2. Revising utility disconnect fees Ordinance No. 2792 Mayor Sargent reviewed the information provided by the Finance Department. Mayor Sargent asked Councilman Braun if this item had been considered by the Utility Advisory Committee. Councilman Braun summarized the UAC discussion and advised the Council that the UAC was supportive of the fee change. Finance Director Godbey informed the Council that these accounts are reoccurring delinquencies resulting in staff spending an inordinate amount of time collecting on 200 accounts out of 10,000 accounts. Councilman Schueler informed the Council that this will not impact people experiencing financial constraints who contact the City to work out a payment schedule. Finance Director Godbey requested the effective date of the ordinance be changed to March 1, 1994, as the UAC members requested the City give customers advance notice of this fee change. Council concurred with the change. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2792 AN ORDINANCE of the City of Port Angeles, establishing a fee for field collection of delinquent utility bills and amending Ordinance No. 2055, as amended, and Section 13.16.050 of the Port Angeles Municipal Code Councilman Schueler moved to adopt the Ordinance as read by rifle, with an effective date of March 1, 1994. Councilwoman MeKeown seconded the morion. Councilman Hulett reminded everyone that there are agencies, such as the Clallam/Jefferson County Community Action Council, who can help people having financial difficulties. A vote was taken on the motion, which carried unanimously. C. Resolutions Not Requiring Public Hearings Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1. Planning Commission Minutes of January 12, 1994 Councilman Braun moved to accept the Planning Commission minutes of January 12, 1994, including the addendum dated January 18, 1994. Councilman Schueler seconded the motion, which carried unanimously. Director Collins informed the Council that the approval of the December 8 minutes included some additional information about a public hearing held, and discussion took place with the Planning Commission. There are some inserts in the packet for the December 8th minutes included in the approval of the January 12 minutes. Contract with E. Other Considerations Diversified Industries I. Contract with Diversified Industries Mayor-Sargent reviewed the information provided by the Finance Department. Chris Brandt from Diversified Industries briefly reviewed Diversified Industries' goals and objectives. Judy Ware, Manager of Employment Support for Diversified, explained how the employees from Diversified Industries would fit into the City system. 2670 CITY COUNCIL MElglING January 18, 1994 LEGISLATION: Councilman Hulett noted that there is a statement at the end of the memo which (Cont'd) indicates further discussion is to take place with the union. Manager Pomeranz stated that negotiations are ongoing; however, he felt they had adopted the proposal Contract with in concept, and there was only one issue still to be resolved. Diversified Industries (Cont'd) Councilman Schueler moved to direct the City'Manager to sign a contract with Diversified Industries in the amount of $1,100 per month, subject to further discussions with AFSME Local//1619. Councilman Hulett seconded the motion, which carried unanimously. Prevention Grant 2. Accept Coordinated Prevention Grant for Recycling for Recycling Mayor Sargent reviewed the information provided by the Public Works Department. Solid Waste Superintendent Jones explained what would be covered by the Grant funds, what the equipment acquisitions would allow the City to do, and how much money the City will save. It was also pointed out that recycling helps extend the life of the landfill. After further discussion, Councilman Ostrowski moved to accept the grant and authorize the Mayor to execute the agreement with the Deparhnent of Ecology and authorize the Public Works Deparh~ent to proceed with the acquisition of the equipment in accordance with City and State procedures. Councilman Braun seconded the motion, which carried unanimously. School Concurrency Policy 3. School Concurrency Policy Mayor Sargent reviewed the information provided by the Planning Department. John Pope, Superintendent of Schools, reminded the Council that the School District has approached the Council recently regarding a school board position taken relative to the Growth Management Law on the subjects of concurrency and impact fees. The School Board took a formal position supporting and encouraging the Council to ' consider concurrency. Mr. Pope digressed for a moment to compliment Mayor Sargent and Bob Jones on the recycling efforts. He noted the success thus far of the school district's involvement in the recycling effort, and he expressed the hope that those efforts can be expanded. He then introduced Dr. Skip Berquam who formulated the concurrency plan. Dr. Berquam reviewed the process incorporated by the School Board to design the proposed concurrency policy. Using charts, he demonstrated for the Council the necessity of having a concurrency policy in place. A discussion followed. Tim German, 2025 W. 12th Street, has a child in the school system and is supportive of a strong school system. He would like to be actively involved in solving the school's problems; however, he indicated this policy has the potential to have undesired ramifications. If it's not worded properly, new housing would not be able to be built because of the concurrency policy. He feels a public hearing is a good idea in order to obtain more input. After further discussion, Councilman Hulett moved to set a public hearing on concurrency for February 15, 1994. Councilman Ostrowski seconded the motion, which carried unanimously. Utility Tax Exclusion 4. Solid Waste Rate Utility Tax Exclusion City Manager Pomeranz informed the Council that he and Mayor Sargent attended an AWC workshop where they learned that, by changing the way the solid waste utility tax is stated on the utility bill, the City could reduce it's actual rate to the customer. The.CPA firm of Moss Adams was hired to review past tax returns and a number of recommendations were made which will be equivalent to more than $100,000 in overpaid taxes being refunded to the City. A deduction to the solid waste utility allows for the exclusion of utility taxes from the excise tax calculation ,. if the utility tax is separately itemized on the utility bill. An example was contained in the packet, which Manager Pomeranz explained. After further discussion, Councilman Schueler moved to segregate the solid waste utility tax on all solid waste utility bills and statements in order to deduct the utility tax from gross income. Councilman Braun seconded the motion, which carried unanimously. 2671 CITY COUNCIL MEETING January 18, 1994 LEGISLATION: 5. Certification of Property Tax Levy (Cont'd) Mayor Sargent reviewed the information provided by the Finance Department. Property Tax Levy Allocations Councilman Hulett moved to approve a total City Levy of $2,793,834 at a rate of $3.47, to include a regular levy of $2,273,772; a 1978 G.O. Bond - City Pier levy of $157,550; a 1991 G.O. Bond - Senior Center for $203,870; and a 1992 G.O. Bond - Fire Station levy of $158,642. Councilman Doyle seconded the motion, which carried unanimously. Letter from 6. Councilman Ostrowski % Letter Regarding the Spotted Owl Councilman Ostrowski Councilman Ostrowski explained that he had received a report this past week which was written by a spotted owl scientific advisory group, as requested by the Forest Practices Board. Councilman Ostrowski met with the Port and County and it was suggested that the City, County and Port make a presentation at the public hearing yesterday afternoon. Councilman Ostrowski was unable to attend, but he drafted a letter, a copy of which he distributed to the rest of the Council. The advisory group is reconunending the spotted owl circle be increased to a 2.7 mile radius which means it goes from 10,000 to 14,000 acres. This will negatively impact the timber industry and the City of Port Angeles. Glenn Beckman of the Port presented the letter to the hearing board. Another hearing is scheduled for February, and Councilman Ostrowski will keep the Council advised on this very important issue. Bicycle Helmet Law 7. Bicycle Helmet Law Councilman Schueler informed the Council that he received input from the City' Manager and the Mayor that WCIA, the City's insurance pool, is recommending to all the cities in their pool that they should pass bicycle helmet ordinances to reduce the chance of litigation for bicycle riding injuries. This proves the City's decision to pass its bicycle ordinance was a wise one. Mayor Sargent reminded the Council that when she attended an AWC meeting she received several requests for copies of the City's bicycle helmet ordinance because they wanted to do something similar. Payment to Contractor 8. Payment to Contractor for Fire Hall Construction for Fire Hall Construction Chief Glenn explained that this came as a late item due to a change order which was removed from the payment. The regular payment was changed from $106,000.00 to $76,837.00. This is the third regular payment to the contractor for work done on the fire station up to this point. Councilman Braun moved to approve the payment to the contractor in the amount of $76,837.95. Councilman Hulett seconded the motion, which carried unanimously. Manager Pomeranz reminded the Council that orientation is set for Friday at 8 a.m. ADJOURNMENT: The meeting was adjourned at 12:18 a.m. -11-