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HomeMy WebLinkAboutMinutes 02/01/19942673 CITY COUNCIL MEETING Port Angeles, WashingtOn February 1, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 5:10 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmen Braun, Doyle, and Hulett, Council Member McKeown, and Councilmen Ostrowski and Schueler [arrived 5:20 p.m.]. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, K. Godbey, B. Titus, K. Ridout, and G. Kenworthy. Public Present: M. Stenger, R. Cockrill, J. Lyons, C. Register, H. Berglund, D. Milligan, B. Moon, E. Main, J. Main, J. Honnold, H. Cummings, B. Tanb, T. Ellison. ADJOURN TO The meeting adjourned to Executive Session at 5:10 p.m. to discuss litigation and EXECUTIVE SESSION: personnel for approximately one hour. RETURN TO OPEN The meeting returned to open session at 6:10 p.m. SESSION: Interview Applicants The Council interviewed the following applicants to fill vacancies on City Boards and for Boards & Commissions: Robert King, Georgetta Larson, Denise Halloran Thomas, and John Commissions Doherty. CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:09 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by a Camp Fire group, Debbie Young- ALLEGIANCE: Long, Leader, and Pam Boroughs, Assistant Leader. Participants included: Britney Young, Tiffany Boroughs, Theresa Dobyns, Sarah O'Neil, Krystal McConnell, Chelsea Dalton, and Kylie Hafer. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the special meeting of MINUTES: January 13, 1994. Councilman Hulett seconded the motion, which carried unanimously. Councilman Braun moved to approve the minutes of the regular meeting of January 18, 1994. Councilman Hulett seconded the motion, which carried unanimously. ' Councilman Hulett moved to approve the minutes of the special meeting of January 21, 1994. Councilman Doyle seconded the motion, which carried unanimously. CEREMONIAL I. Proclamation Declaring February as American History Month MATTERS/ PROCLAMATIONS: Mayor Sargent read a proclamation declaring the month of February to be American History Month. The proclamation was presented to Jerrine Main. American History M~nth American Heart Month 2. Proclamation Declaring February as American Heart Month Mayor Sargent read a proclamation declaring the month of February to be American Heart Month. The proclamation was presented to Mary Lynne Derrington. -1- 2674 February 1, 1994 CITY COUNCIL Councilman Braun attended the Law and Justice Committee meeting; costs are still COMMITTEE being listed by department, and no money will be released until the plan has been REPORTS: completed, which will be in June or July of 1994. He attended the Council orientation and Clallam County Transit Board, which dealt with in-house issues. The Board made a trip to Olympia to meet with legislators. Additionally, Councilman Braun toured Dry Creek Elementary, which is in serious need of replacement. Councilman Doyle attended the Council orientation; he extended his appreciation to the staff as it was well presented. On behalf of the Council, Mayor Sargent commended Clerk Upton for the excellent orientation book she prepared, as it was very professionally done. Manager Pomeranz informed the Council that the orientation book has been sent to the AWC as a resource. Councilman Schueler has been out of town and, therefore, had nothing to report. Councilman Ostrowski attended the State Multi-modal Programs and Projects Selection Committee meeting in Seattle. The City of Port Angeles may be eligible to receive some of the funds being distributed. Councilwoman McKeown, along with the Mayor, attended a Steering Committee meeting, which involved county-wide planning. She attended the Council orientation meeting and toured the Dry Creek School, which is in terrible condition. She expressed hope that the ~chool bond passes. Councilman Hulett attended the Chamber of Commerce installation of Board members. He and Councilman Ostrowski attended a Golf Course Advisory Committee meeting; in March, the committee will meet with consultants from Denver who will'provide expertise as to what is involved in building a municipal golf course. Mayor Sargent reported that the EDC and VCB are looking into combining the two organizations. She toured the new Senior Community Center and feels it will be a real asset to the community. She attended several ribbon cuttings for new businesses and installed the officers of the Chamber of Commerce. She and Councilman Doyle attended the groundbreaking for the first house to be built in this community under the Habitat for Humanity program. FINANCE: 1. Final Acceptance of Eunice Street Sewer Reconstruction Eunice Street Sewer Mayor Sargent reviewed the information provided by the Public Works Department. Reconstruction Councilman Ostrowski moved to accept the project, authorize final payment of $6,297.73 to R. J. Services, and authorize release of the total retainage, $2,236.69, upon receipt of clearance from the Department of Revenue and Labor & Industries. Councilman Hulett seconded the motion. Councilwoman McKeown posed qUestions regarding the unsuitable soil and over-runs, which were responded to by City Engineer Kenworthy. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: (1) Wastewater Treatment Plant change-order for dechlorination reviewed by Department of Ecology: (2) Voucher list of January 28, 1994, of $2,013,738.95; and (3) Payroll of January 16, 1994, of $348,469.23. Councilman Schueler seconded the motion. Councilman Schueler felt it appropriate for a statement to be made for the public's benefit regarding the change-order for dechlorination. Mayor Sargent summarized the fact that the latest NPDES Discharge Permit for the Wastewater Treatment Plant required the addition of dechlorination facilities in Order to meet new and more stringent effluent discharge standards. City Engineer Kenworthy advised the Council that staff had opted to proceed with the design immediately as a means of availing the City of grant funds to cover at least 55 % of the eligible costsi Discussion followed. Discussion was held pertinent to the voucher list, and Manager Pomeranz offered to provide follow-up regarding memorial trees for the waterfront trail and on timeliness of advance travel requests. After further discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Hattie Berglund, 1834 W. 7th Street, asked to speak to Item E. 1. AUDIENCE/COUNCIL/ STAFF TO BE Jack Lyon, 216 W. 13th Street, asked to address the same issue; he presented a letter CONSIDERED OR to the Council at this time. PLACED ON A FUTURE AGENDA: Rosemary Cockrill, 494 Marsden Road, also asked to speak to Item E. 1. 2675 CITY COUNCIL MEETING February 1, 1994 Mayor Sargent added Item E. 10., City Manager evaluation, to the agenda. LEGISLATION: A. Public Hearings Public Hearings 1. STREET VACATION REQUEST- STV 93(12)07- REGISTER: Request to vacate City right-of-way located on "L ' Street, between the 15/16 alley and Street Vacation- Register Sixteenth Street (Continued from January 18, 1994) Mayor Sargent reviewed the information provided by the Planning Department, and reopened the public hearing at 7:50 p.m. Curt Register, 1801 W. 16th Street, co-applicant for the street vacation, distributed to the Council signed petitions from neighbors stating their support of the approval of the requested street vacation. The neighbors do not want "L ~ Street to go through due to traffic and safety concerns. Mr. Register and his father have requested this street vacation so that Mr. Register can add on to his home and his father can build a garage. In the ensuing discussion and referencing the map utilized in the Council packet, Mr. Register noted the inaccuracies in the referenced map. He noted he currently holds a Right-of-Way Use Permit for the property in question, which could be revoked at any time. Additionally, Mr. Register explained photographs of the immediate area, which he had distributed to the Council, along with the petitions. He felt the Planning Commission was confused over the reason for the vacation request. The Commission was under the impression that he wanted to short plat the property in order to build and sell another house, which was not the case. He had requested that the public hearing be reopened at the Planning Commission meeting in order to provide clarification; however, his request was denied. He requested that the Council vote in favor of the street vacation. In response to an inquiry, Planning Director Collins noted the importance of the City retaining the property in order to maintain a certain amount of flexibility for developers of remaining properties. To do otherwise may result in higher construction costs in terms of utility placement. Mayor Sargent asked that the record show that the City was in possession of petitions from property owners abutting "L' Street, neighbors around "L" Street and 16th Street, "K' to "M". Mike Stenger, 1735 W. 13th Street, lives on the northeast corner of 13th and "L~ Streets. He requested that the Council not vote no on this issue if fhey do not understand the implications of the request. Mr. Stenger felt that City staff has taken a position of opposition to this request, but he does not believe that staff firmly believes 'L' Street is a likely possibility to be put through some time in the future. Mr. Stenger stated that the only way 'L' Street could be put through in the future would be if there was a majority request of abutting property owners. He further stated that "M" Street would be a much more logical cross street than "L" Street. He requested that the Council support Mr. Register's request. Jack Lyons, 216 W. 13th Street, felt that whether the vacation was in order or not, Mr. Register stood to gain a sizeable piece of property from the City. He inquired as to whether consideration is given to gain proper compensation on the part of the City for the vacation of the property. Mayor Sargent explained that there is always a monetary consideration in street vacations. Mr. Register requested permission to speak again. He indicated that the issue of compensation was part of the consideration from the time the request was submitted. He and his father had fully intended on paying for the land. Councilman Braun noted the need for further clarification and a more accurate map of the site. He, therefore, moved that the public hearing be continued to the February 15, 1994, Council meeting, at which time the Council would meet at the site at 5:00 p.m. to review the site, with the hearing being continued during the regular 7:00. p.m. meeting. Councilwoman McKeown seconded the motion. Councilman Schueler felt that no further information was needed, as it was the Council's duty to remain within the confines of the City's long-range planning. Councilman Hulett reminded the Council that the question must be answered as to what is in the best public good. Such a consideration should include the residents of the area at this time, those of the future and the City as a whole. He also pointed out that the presence of a wetlands in that location, and Director Collins explained that in order to develop this land, there would have to be a reasonable use exception. -3- 2676 February 1, 1994 LEGISLATION: Councilman Doyle asked for clarification of how compensation for vacated land is (Cont'd) determined. Deputy Public Works Director Ridout explained that the City is compensated at 50 % of the appraised value. Public Hearings A vote was taken on the motion, with Mayor Sargent, Councilwoman MeKeown, Street Vacation- Register and Councilman Braun voting in favor, and Councilmen Hulett, Doyle, (Cont'd) Schueler, and Ostrowski voting in opposition. The motion, therefore, failed. Mr. Register returned to the podium to clarify the area maps being used by the Council. Councilman Sehueler moved to close the public hearing and make a decision on this issue tonight. Councilman Hulett seconded the motion, which carried by a majority vote, with Councilwoman McKeown and Councilman Braun voting in opposition. Mayor Sargent closed the public hearing at 8:40 p.m. Councilman Hulett pointed out another error contained in the map distributed by Mr. Register. Discussion followed. Councilman Doyle moved to concur with the Planning Commission and deny the petition for a street vacation,' citing the following Findings and Conclusions: Findings: (1) The request is to vacate 9,800 square feet of the 'L' Street right-of-way located between the 15/16 alley and Sixteenth Street; (2) The property is zoned Residential Single Family (RS-7); (3) The "L' Street right-of-way is part of the Townsite grid pattern and is the only north- south right-of-way located between 'K" and "M' Streets; (4) Public Works has commented that the right-of-way should be maintained for future road and utilities. City Light commented the right-of-way should be maintained for electrical facilities; and (5) Comprehensive Plan Goal No. 1 and Circulation Objective No. 1 express the importance of maintaining an adequate circulation system. Land Use Objective No. 6 expresses the importance of coordinating decisions with future development in mind. Conclusions: (A) Vacation of this portion of "L" Street right-of-way is not in the public use and interest as it would eliminate right-of-way needed for roads and utilities; and (B) The street vacation is not consistent with the Goals, Policies and Objectives of the Comprehensive Plan listed in Finding No. 5. Councilman Ostrowski seconded the motion. After further discussion, a vote was taken on the motion, which carried by a majority vote, with Councilwoman McKeown voting in opposition. Councilman Ostrowski requested that in the future, the Council be provided with more current maps, and that the overhead projector be used in order to give the Council a better understanding of the areas under consideration. Zoning Code Amendment 2. ZONING CODE AMENDMENT- ZCA 93(11)04 - CITY OF PORT Ordinance No. 2793 ANGELES, City-Wide: Minor amendments to development regulations of Ordinance No. 2794 the City's Municipal Code to clarify provisions and make minor changes Ordinance No. 2795 which are considered housekeeping in nature. Ordinance No. 2796 Ordinance No. 2797 Mayor Sargent reviewed the information provided by the Planning Department, and opened the public hearing at 8:45 p.m. There being no one present who wished to address the issue, the public hearing was closed at 8:45 p.m. Councilman Schueler moved to approve the amendments as recommended by the Planning Commission, citing the following Findings and Conclusions: Findings: (1) Consistent with recent practice, the City has periodically reviewed its development codes for housekeeping purposes; (2) The Planning Department has identified several minor amendments to the zoning, subdivision, short plat and parking ordinances which serve to clarify, reorganize, eliminate duplication, or otherwise improve specific sections of these ordinances; and (3) On January 12, 1994, the Planning Commission conducted a duly notified public hearing in conformance with the requirements of the Port Angeles Municipal Code; Conclusions: (A) The amendments are in the public use and interest; (B) The amendments are minor in nature and are consistent with existing policy direction, and therefore, are not inconsistent with the Comprehensive Plan; and (C) The amendments improve and clarify ordinance provisions. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Mayor Sargent read the first Ordinance by title, entitled ORDINANCE NO. 2793 AN ORDINANCE of the City of Port Angeles Washington, exempting from short subdivision requirements the division of land by public ways and amending Ordinance 2222 and Chapter 16.04 -4- 2677 CITY COUNCIL MEETING February 1, 1994 LEGISLATION: of the Port Angeles Municipal Code. (Cont'd) Councilman Ostrowsid moved to adopt the Ordinance as read by title. Zoning Code Amendment Councilman Braun seconded the motion, which carried unanimously. Ordinance No. 2793 Ordinance No. 2794 Mayor Sargent read the second Ordinance by title, entitled Ordinance No. 2795 Ordinance No. 2796 ORDINANCE NO. 2794 Ordinance No. 2797 (Cont'd) AN ORDINANCE of the City of Port Angeles, Washington, providing for review of the Planning Director's zoning code interpretations and amending Ordinance No. 1796 and Section 2.52.070 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Doyle seconded the morion, which carried unanimously. Mayor Sargent read the third Ordinance by title, entitled ORDINANCE NO. 2795 AN ORDINANCE of the City of Port Angeles, Washington, revising the width and depth requirements for subdivision lots and amending Ordinance No. 1631 and Section 16.08.050 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title. Councilman Doyle seconded the motion, which carried unanimously. Mayor Sargent read the fourth Ordinance by title, entitled ORDINANCE NO. 2796 AN ORDINANCE of the City of Port Angeles, Washington, making numerous minor wording and clarification amendments to the Zoning Code, Ordinance 1709, as amended, and Title 17 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilwoman McKeown seconded the motion, which carried unanimously. ORDINANCE NO. 2797 AN ORDINANCE of the City of Port Angeles, Washington, bifurcating the commercial residential and community shopping district zoning regulations and amending Ordinance No. 1709, as amended, and amending Title 17 of the Port Angeles Municipal Code. Mayor Sargent read the fifth Ordinance by title, entitled Councilman Braun moved to adopt the Ordinance as read by rifle. Councilwoman McKeown seconded the morion, which carried unanimously. Noting that Parks & Recreation Director Brodhun had just joined the meeting, Mayor Sargent explained that he was attending the funeral of George Pettit to read a proclamation and deliver a personal card on behalf of the Mayor and City Council. The Mayor summarized Mr. Pettit's many contributions to the community, particularly those related to his support of the Senior Services Center. The community will greatly miss him. Break Mayor Sargent recessed the meeting for a break at 8:55 p.m. The meeting reconvened at 9:09 p.m. B. Ordinances Not Requiring a Public Hearing None. C. Resolutions Not Requiring Public Hearings None. 26713 CITY COUNCIL MEE-tI'ING February 1, 1994 Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items None. Request for Study re: E. Other Considerations Prison Impact on City I. Request by Terry Roszatycki for study re: prison impact on Port Angeles Mr. Terry Roszatycki, 153 Cedar Park Drive, owner of Rosewood Family Buffet, thanked the Council for the opportunity to speak on this issue. Mr. Roszatycki contacted other business owners in the City, many of whom were surprised, frustrated and irritated that something so important to the stimulation of the City's economy was dropped so quickly. The correctional facility is projected to represent $40 million in payroll coming from outside the community, and $165 million in construction fees spent locally when possible. Mr. Roszatycki contacted the EDC in Shelton and the Planning Department in Walla Walla and found that, in both cases, the benefits to the communities easily outweighed the disadvantages. These cities were glad to have correctional facilities situated in their areas. Mr. Roszatycki felt it was the duty of the community leaders to strive to create a growth-oriented economy which would sustain ground lost over the years and focus on future growth. There is no use in training displaced workers if there are no new jobs for their placement. He requested that the Council adopt an aggressive and friendly posture towards new businesses in the area. A gentleman wishes to start a microbrewery in Port Angeles, and is being required to Mjump through hoops" in his efforts to start this business. The correctional facility should have been evaluated on a business level and not just an emotional level. No single entity should have a monopoly on the decision-making process of the local government. Councilman Hulett informed Mr. Roszatycki that the Council's decision was that the prison not be placed within the City or the City's urban growth area. However, the Council would endorse and support a prison in other areas of the County. Mr. Roszatycki acknowledged he was aware of this; however, he understood that a prison in Forks or Clallam Bay was unlikely, as housing was not readily available for prison employees. Councilwoman McKeown stated that she made the motion to not place the prison in the UGA because that land is so valuable and there is so little of it available. Another business cannot be persuaded to locate in this community if there is no available industrial land. Councilman Hulett informed Mr. Roszatycki that one of the ordinances passed this evening had to do with allowing microbreweries in certain zones. Manager Pomeranz added that the City has been working with Mr. Moore for the siting of his microbrewery, and hopefully, this issue will be resolved at the next Council meeting. Councilman Doyle stated that if 35 business people were supportive of the siting of the prison in this area, then it is regretted that some of them did not attend the public hearing and state their case at that time. He hoped that, in the future, business owners and citizens could come together to help in the decision-making processes. Hattie Berglund, 1834 W. 7th Street, wanted Mr. Roszatycki to know that she and her husband supported his business. She echoed the sentiments of Councilman Doyle and expressed concern over the sewer limits if a correctional facility was sited in this area. Ms. Berglund reviewed what has been done by the City and County regarding the prison issue. She concluded by saying that if the City is going to try to get grant funds for a multi-modal transportation center, the City should make sure enough business is kept in the downtown area to justify the size of the grant. She suggested the Council diligently seek the proposal for a new J. C. Penney store, as this would be important to the City's economy. Jack Lyon, 216 W. 13th Street, presented a letter to the Council and read it aloud for the public. Rosemary Cockrill, 494 Marsden Road, did not speak at the hearing two weeks ago as the others, all of whom did an excellent job. She commended the Council for holding the hearing to obtain citizen input before making a decision. She felt that if Mr. Roszatycki had attended the meeting and heard the views expressed by those citizens present, he would have a better understanding. Good input was heard from both sides. She agreed with Ms. Berglund's views that the downtown should be developed. The College and the educational structure of this area would also be an area to be improved upon. -6- 2679 CITY COUNCIL MEETING February 1, 1994 LEGISLATION: Councilman Schueler read a prepared statement referencing the Council's unanimous (Cont'd) decision to not site a prison in Port Angeles. He felt he failed in his responsibilities by voting as he did and by responding to the wishes of a small group of individuals. Request for Study re: Councilman Schueler felt several valid ques. tions were raised by those offering Prison Impact on City' testimony; many of the questions pertained to the infrastructure. Many of these (Cont'd) questions would have been answered through an extensive planning process, a process which will not be instituted because of the decision made. Further, he expressed concern about the failure to recognize the testimony and insight of Stephanie Tyler, the high school student. He wanted her to know that many people in Port Angeles do not feel as it appeared to her that evening. Councilman Schueler felt the matter of the prison to be de'serving of further consideration and, therefore, moved to rescind the decision made two weeks ago, regarding the siting of a correctional facility in the Port Angeles area. The motion died for a lack of a second. Limited discussion followed, and no action was taken. Humane Society 2. Agreement with Humane Society Agreement Mayor Sargent reviewed the information provided by the City Manager. Councilman Braun moved to approve the agreement with the Clallam County Humane Society for 1994 and authorize the Mayor to execute the agreement. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Wetlands Project at 3. Agreements for Wetlands Project at Morse Creek Morse Creek 'a. Interlocal with Port b. Army Corps of Engineers Mayor Sargent reviewed the information provided by the Parks and Recreation Department, and introduced Bill Conley, Port of Port Angeles, who was present to answor questions. Councilman Ostrowski inquired as to the amount of fill material required, and Mr. Conley indicated the Port is attempting to secure fill material from the Navy's Bremerton location. Also, in response to an inquiry from Councilman Ostrowski, Mr. Conley indicated the timeline for the Tozier area is December, 1994, and for the Valley Creek area, the timeline is December, 1995. Councilman Ostrowski moved to approve the Interlocai Agreement with the Port and with the Army Corps of Engineers regarding the wetlands and the waterfront .trail, and authorize the Mayor to sign each agreement. Councilwoman McKeown seconded the motion. Councilman Schueler inquired as to whether the parking issue in the area could be involved in this decision. Attorney Knutson responded that there is no relationship between this particular action and a request received by the City having to do with some parking, which is further to the east from this wetland project and will not be affected by the decision made tonight. A vote was taken on the motion, which carried unanimously. Meeting Extended Councilman Braun moved to continue the meeting past 10:00 p.m. Councilman Past 10:00 p.m. Schueler seconded the motion, which Carried unanimously. RFP for Deferred 4. RFP for Deferred Compensation Program Compensation Program Mayor Sargent reviewed the information provided by the Human Resources Manager. Manager Pomeranz explained that this expanded program would cost the City nothing, and he suggested an employee committee be established to decide which companies should be added to the list, with a maximum of two additional companies. Councilman Braun moved to accept the recommendation of the Human Resource Manager, direct staff to develop an RFP to bid for additional deferred compensation programs, and establish an employee committee to decide which companies should be added to the list. Councilwoman McKeown secOnded the motion. Councilman Schueler felt the program should be closely monitored to determine if there are any costs to the City. After further limited discussion, a vote was taken on the motion, which carried by a majority vote, with Councilman Schueler voting in opposition. -7- 2680 February 1, 1994 LEGISLATION: 5. Letter to Congressional Delegation and Governor concerning intpacts to (Cont'd) electrical rates as a result of changes to Columbia River operations. Letter to Congressional Mayor Sargent ;reviewed the information provided by the Light Department. Delegation and Governor Allocations Councilman Ostrowski moved to authorize the Mayor to sign letters to Governor Lowry and our Congressional Delegation. Councilman Braun seconded the motion. Councilman Ostrowski stated that this was a well written letter. He questioned an article which was in the Seattle Post Intelligencer regarding the National Marine Fisheries Service talking to NW Congressman, and wanted to know if information had been leaked on this issue. Light Director Titus responded, and after further discussion regarding the impact made by the Fisheries Department and on emergency conditions, a vote was taken on the motion, which carried unanimously. Long-range Electrical 6. Authorization to negotiate contract for long-range electrical system study System Study Mayor Sargent reviewed the information provided by the Light Department. Councilman Braun moved to authorize the Light Deparh~ent to negotiate a contract with the most qualified consultant, Brown & Caldwell, to complete a long range electrical system planning study. Councilman Hulett seconded the motion. Councilman Braun initiated a brief discussion regarding the length of time needed to complete the study and possible costs. Director Titus responded that it would take approximately four months at a cost of approximately $25,000 to $35,000. Brief discussion followed, and a vote was taken on the motion, which carried unanimously. Property Exchange- 7. Request for Property Exchange - Marine Drive Marine Drive Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowski moved to accept the recommendation of the Real Estate Committee and not pursue the property exchange. Councilman Braun seconded the motion. With the use of a map, Property Manager Ridout showed the Council what property is owned by Mr. Keywood, what property is owned by the City, and what property would be exchanged if approval is granted. At Councilman Ostrowski's request, Director Collins explained to the Council that there was concern over meeting the environmentally sensitive areas protection ordinance, as well as providing access to Mr. Keywood's property. Discussion followed, and Mr. Keywood was given the opportunity to address the Council. Mr. Albert June, a designer representing Mr. Keywood, indicated Mr. Keywood was concerned with the new setback for the right-of-way. From their perspective, the new right-of-way would push the usable property on Mr. Keywood's lot further back as the right-of-way was increased, thereby dramatically changing the setback. Director Collins was of the opinion that the right-of-way would not be moved until such time as Marine Drive might be widened. Attorney Knutson stressed the fact that the only issue being decided is Mr. Keywood's proposal for a property exchange. Mr. Keywood should not rely on comments made this evening as a definitive determination of the legal status of the City-owned property adjacent to Marine Drive, since such comments are peripheral to the issue at hand. There being no further discussion, a vote was taken on the motion, which carried unanimously. Annexation Petition - 8. REQUEST TO CIRCULATE AN ANNEXATION PETITION - ANX 94(02) O1 Rone' RONE' et al - Lindberg Road to Maddock Road east of Golf Course Road Mayor Sargent reviewed the information provided by the Planning Department. At Mayor Sargent's request, Planning Director Collins elaborated on annexation requirements, noting it is recommended that the applicant agree to zoning of RS-9. Further, it is recommended that all property owners in the annexation must agree to assume the City's indebtedness. Staff has had ongoing discussions with the representative of the petitioners who have indicated it would be desirous to obtain pre-annexation zoning of 14.6 acres as RHD. The remainder of the property to be annexed would be RS-9. Therefore, Director Collins indicated the main issue of tonight's discussion is whether pre-zoning is desired. -8- 2681 CITY COUNCIL MEETING February 1, 1994 LEGISLATION: Director Collins introduced Tom Ellison, 4308 Nicholas Road, representing the (Cont'd) applicant, who further elaborated on the request for the pre-zoning. Mr. Ellison concurred with what has been said and understood that the request tonight is to Annexation Petition - circulate a petition. The applicant is in the process of addressing the concerns of the Rone' (Cont'd) Planning Department regarding the pmzone. He is well aware of the requirements and commended the Planning Department for its openness and helpfulness. Attorney Knutson advised the Council that it was his understanding that the statute on annexation would require a separate hearing on the zoning. The Council is not being asked to pre-zone tonight. Discussion followed, and Councilman Hulett made a motion to authorize the circulation of a petition for annexation. Subsequently, discussion was held concerning the appropriate language needed for the motion. Therefore, the motion was restated such that Councilman Hulett moved to authorize the circulation of the annexation petition, that the City Council consider pre-annexation zoning of RHD for a portion of the property and RS-9 for the remainder of the property, and that the property owners in the annexation agree to assume the indebtedness of the City. Councilwoman McKeown seconded the motion. Mr. Ellison informed the Council that the participants in this request wish to pursue the annexation even if the pre-zone request fails. After limited discussion, a vote was taken on the motion, which carried unanimously. Grant Applications 9. Grant Applications - Multi-modal Transportation Center and Timber Impact Funds Mayor Sargent reviewed the information provided by the Contracts/Projects Administrator. In the ensuing discussion, Manager Pomeranz referenced the grants funds available to timber impacted areas. Because the language used when the legislation was crafted inadvertently excludes areas such as Port Angeles, the area's representatives are attempting to rewrite the legislation. Discussion followed with no action being taken. Evaluation of City 10. Evaluation of City Manager Manager Councilman Braun commended the performance of City Manager Pomeranz and, as the Council has given him a 5 % increase in the past, Councilman Braun moved to grant a 5% increase to City Manager Pomeranz. Councilman Schueler seconded the motion. With each Council member offering input it was the overall consensus that Manager Pomeranz has done an outstanding job in achieving the goals and objectives of the City of Port Angeles, and he should be commended for his excellent performance. He has certainly earned the increase being granted to him this evening. A vote was taken on the motion, which carried unanimously. Mayor Sargent advised the Council that the Bureau of Reclamation meeting, tentatively scheduled for February 3, has been canceled. She also reminded the Council of the need to schedule the facility tour. After considering the available dates, it was noted very few Council members would be available. Therefore, it was agreed to defer the scheduling of this to a later date. The Council was reminded of the reception honoring members of the City's Boards and Commissions, which will be held on February 11, 1994, at the Vern Burton Memorial Community Center. Manager Pomeranz asked if the Council wished to address the 1995 goals and objectives at this time or wait until work on the 1995 budget has commenced. It was agreed to wait until later in the year to give the new Council members an opportunity to become more familiar with the City's issues. Therefore, the matter of goals' and objectives will be addressed in the June/July timeframe in anticipation of the 1995 budget. A Real Estate Committee meeting was scheduled for Monday, February 7, 1994, at 4:00 p.m. ADJOURNMENT: The meeting was .adjourned at 11:17 p.m. -9-