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HomeMy WebLinkAboutMinutes 02/06/19963212 CITY COUNCIL MEETING Port Angeles, Washington February 6, 1996 CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to SPECIAL MEETING: order at 6:05 p.m. ROLL CALL: Metnbers Present: Mayor Ostrowski, Councilmembers Braun, .Campbell, Doyle, Hulett, McKeown, and Wiggins. 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, S. Dryke, G. Kenworthy, K. Ridout, L. Haehnlen, B. Jones, and D. Miller. Public Present: L. Dryke, L. & H. Buck, D. Steele, R. & K. Iredale, R. Midgley, J. Butler, T. Fraser, I. McKeown, J. Schwagler, M. DeRousie, J. Reed, K. Sweeney, J. Glaubert, and B. Love. Golf Course Development Mayor Ostrowski reminded the Council that staff was looking for direction on this issue and did not expect a decision at tonight's meeting. Director of Parks and Recreation Brodhun stated that this was an opportunity to think about whether the City should embark on a market feasibility study of the issue. It would be unwise to commission a feasibility study that says Port Angeles could support a golf course, and then find that there was an unwillingness to fund it. He encouraged the Council to consider the goals of the project in order to determine the direction. Director Brodhun also asked the Council if it wished staff to proceed in evaluating consultants' proposals. Finance Director Godbey explained that there are several options to consider: a voter bond, a revenue bond, or a private developer. She summarized the pros and cons of the various options. She then introduced Rick Thomas, U.S. Bank, who distributed information pertinent to the financing options. Mr. Thomas explained that these types of transactions are very difficult to execute because of development risks, environmental issues, and because it is primarily a real estate transaction. Mr. Thomas detailed the various options and more fully explained what the options would entail. A private developer would be the least feasible of the options because of the complexity of the issues. He suggested that a revenue bond with a line of credit would be the City's best option. He then responded to questions posed by the Council. It was the general consensus of the Council that this item be referred back to the Committee to review the five proposals received in order to be able to proceed with the feasibility study. Manager Pomeranz felt the Committee should be informed that the Council is still deliberating on the issue, and there is a possibility the City will decide not to proceed. This item will be discussed further at the next Council meeting. The Council thanked Mr. Thomas for his time and assistance in this matter. Economic Development in Mayor Ostrowski explained that the Council had requested a report from the Clallam Port Angeles and County Economic Development Council. Bart Phillips, EDC Director, was joined Clallam County by Jerry Newlin, the incoming President. Mr. Phillips stated that citizens frequently ask him what the City is doing to stimulate growth and jobs. His response is that the City is attempting to provide the best infrastructure to make economic development possible while, at the same time, supporting the efforts of the EDC. He thanked the Council for the opportunity to present a status report, and he acknowledged the City's support. Mr. Phillips stated that small businesses are doing very well in Port Angeles and the Olympic Peninsula and reminded the Council that the EDC has cooperated with the City in several infrastructure projects. He is looking forward to filling the Rogerson-Hiller building, -1- 3213 cITY COUNCIL MEETING February 6, 1996 Economic Development in and money has been invested in a new development plan for this property. Port Angeles and Clallam County (Cont'd) Mr. Phillips stated that business recruitment has been started, and a marketing program has been put together. He then reviewed the steps that had been taken in the recruitment process and indicated this would be a top priority. He stated that Admiral Marine was a successful location because staff had been accommodating, quick, and responsive. If the City continues with this type of leadership, Port Angeles will be a positive place for businesses to locate. Mr. Phillips requested the City continue in supporting the EDC, and asked for guidance. He felt the City must continue in its relationships with companies in Japan. Currently, a Japanese company is working with the business recruiters, and it was impressed by the industrial site shown, as well as with the fact that a sister city relationship has been established with Mutsu City. Discussi°n followed, and Mr. Phillips responded to an inquiry concerning the goals of fifty new jobs by June of 1996. He indicated that goal has not yet been reached, but he stressed the importance of setting goals. Also, discussion was held about the diversification in the marketplace, as well as the need to retain those businesses presently in existence. Every effort must be made to disallow any further attrition to the timber base. Mr. Phillips reminded the Council of when EDC meetings were held and invited Council's attendance. Mr. Phillips then responded to questions posed by the Council. ADJOURN SPECIAL The special meeting was adjourned at 6:55 p.m. MEETING: CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:10 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINUTES: January 16, 1996. Councilman Doyle seconded the motion, which carried unanimously. Councilman Doyle moved to approve the minutes of the special meeting of January 22, 1996. Counciimember McKeown seconded the motion, which carried unanimously. CEREMONIAL 1. Special Thank You from Steve Dryke to City Council for Support MATTERS/ PROCLAMATIONS: On behalf of the family of Ron & Wanda Buck, Steve Dryke expressed appreciation to former Mayor Sargent, the City Council, Police Chief Ilk, and City Attorney Thank You from KnUtson for efforts made to halt the possible parole of John Carothers, who had been Steve Dryke convicted of the murder of the Bucks in the early 1970's. Mr. Carothers had been sentenced to life imprisonment + 20 years; however, the Parole Board was giving consideration to his parole. Due to the letters written and petitions signed, it was decided to not parole Mr. Carotbers at this time. The matter will be considered again in October, 1997. Mr. Dryke was most appreciative of all the support from the City in the family's effort to fight the parole. Spay Day P.A. 2. Proclamation Designating February 27, 1996 as 'Spay Day P.A." Mayor Ostrowski read a proclamation designating February 27, 1996 as 'Spay Day PA 1996". FINANCE: 1. Addendum #1 to Aerial Mapping Agreement Addendum #1 to Aerial City Engineer Kenworthy addressed the Council and explained that the proposed Mapping Agreement contract amendment is needed to complete aerial mapping of the City to include the Urban Growth Areas to the east and west of the City. With the use of overheads, he demonstrated for the Council the improved accuracy of aerial mapping. Through digitized data reduction, the City is able to design various projects without having staff spend a great deal of time in the field. Additionally, there is a myriad of information made available by virtue of this mapping capability. Also to be made a part of the amendment would be the areas of the Elwha and the landfill. Engineer Kenworthy noted the amendment amount of $69,000 could be reduced to $58,000 because the eastern boundary had just been moved to west of -2- 3214 CITY COUNCIL MEETING February 6, 1996 FINANCE: Morse Creek. In responding to an inquiry from Councilman Campbell, Engineer (Cont'd) Kenworthy indicated it has been anticipated that aerial mapping will be an ongoing project, particularly because of major construction, such as that of Albertson's. It Addendum #1 to Aerial is important to keep tl~ City maps current. Mapping Agreement (Cont'd) Lengthy discussion ensued, and Councilman Braun, in the interest of being good stewards of City money, suggested the possibility of only mapping the eastern UGA at this time. He felt it may be acceptable to forego the mapping of the western UGA, the Elwha, and the landfill. However, Engineer Kenworthy noted it would be likely that the cost factor for future mapping would be at an increased rate. If the areas suggested were to be dropped from the amendment, the expense could be reduced to approximately $35,000. After further discussion, Councilman Wiggins moved to approve the $69,000 amendment as proposed. The motion was seconded by Councilman Campbell, who queried as to the accuracy of the $69,000 figure because of the change in the eastern UGA. Engineer Kenworthy indicated the $69,000 was not to be exceeded, but the $58,000 figure was more accurate because of the UGA change. Therefore, Mayor Ostrowski asked that the correction be made to the motion, which was accepted. Councilman Braun voiced his concern with the total expenditure, as he felt the greatest need was on the eastern boundary. A vote was taken on the motion, which carried by a majority vote, with Councilmembers Braun and McKeown voting in opposition. Addendum #2 to Library 2. Addendum #2 to Library Design Agreement Design Agreement Public Works Director Pittis reviewed the need for an addendum to the agreement for architectural services in order to complete survey work on lots acquired by the Library subsequent to the time the initial architectural agreement was approved. The addendum amount of $2,564 will cover topographic surveying on these lots which can be used in the development of parking and access to the new library facility. Councilman Campbell moved to authorize the Mayor to execute Addendum No. 2 in the amount of $2,564 to the Library Architectural Agreement. Councilman Braun seconded the motion, which carried unanimously. Compost Facility Phase II 3. Consideration of Bids for Compost Facility Phase H Public Works Director Pittis explained this is a continuation of the compost facility project, which will result in better quality compost. The City had allocated $500,000 for this project, and the bids received were well within budget. However, the engineer's estimate was significantly lower than the bids, and it would seem the bids confirm the true project cost. Using the overhead project, Engineer Kenworthy explained the bids as related to the engineer's estimate, which was prepared by Brown & Caldwell. Lengthy discussion ensued, and Councilmember McKeown inquired as to whether the local bidder could be given more consideration if the bid was within 5 % of the lowest bid. Attorney Knutson clarified that the 5 % factor relates to purchases under the statutory bid limit. This type of project must go to the low bidder. The City can, however, take into account the sales tax payment by local bidders, but it is uncertain if this would make any difference. After further discussion, counCilmember McKeown moved to continue this item to the next meeting in order to have staff determine if the bid can be awarded to the local company by virtue of the sales tax consideration. The motion was seconded by Councilman Braun and carried unanimously. Agreement with FEMA 4. Agreement with FEMA for Winter Storm Damage Deputy Director of Public Works Ridout advised the Council that the original amount requested for storm damage was $97,000. However, FEMA has disallowed any storm-related work that was done during normal working hours. He learned today that FEMA is allowing approximately $84,000 for repairs to the Waterfront Trail and the area in front of the Red Lion. Of the total cost related to the storm, FEMA will pay 75 %, the State will pay 12.5%, and the City would be responsible for 12.5%. Once the audit findings have been received, they will be forwarded to the City Council for review. Councilman Braun moved to approve and authorize the Mayor to sign the agreement with FEMA. Councilman Campbell seconded the motion, which carried unanimously. -3- 3215 February 6, 1996 CONSENT AGENDA: Mayor Ostrowski noted that an item had been added to the Consent Agenda, that being a request for travel from Councilman Doyle for a March 8 - 12, 1996, trip to Washington, D.C., for a meeting of the National League of Cities Policy Committee on Energy, Envimnment,:and Natural Resources. Councilman Wiggins moved to accept the Consent Agenda, including: 1) Call for bids for Street and Water materials; 2) Purchase ofportable basketball standards for the Vern Burton Memorial Community Center; 3) Payroll - January 14, 1996 - $349,199.49 and January 28, 1996 - $349,637.46; 4) Voucher list - February 2, 1996 - $1,669,092.45; and (5) Councilman Doyle's request for travel. Councilman Campbell seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Jack Glaubert, East Sequim Bay, requested that the stormwater issue on his property AUDIENCE/COUNCIL/ be addressed by the Council at its meeting of February 20, 1996. STAFF TO BE CONSIDERED OR Mike DeRousie asked that he be allowed to address the Council concerning PLACED ON A placement of propane tanks and the associated permitting process. Mr. DeRousie FUTURE AGENDA: was advised he could speak during the consideration of the Uniform Construction Codes. Concerning Mr. Glaubert's request, Deputy Director of Public Works Ridout advised the Council that another meeting of the Real Estate Committee needs to be held. Manager Pomeranz indicated this matter would be placed on a Council agenda once a recommendation has been agreed upon by the members of the Real Estate Committee. PUBLIC HEARINGS: 1. Appeal of Condition No. 9 of Conditional Use Permit - CUP 95(11)16 - Episcopal Retirement Homes of Washington, 510 East Park Avenue: A Appeal of Condition No. 9 proposal to allow the development of a 40-bed eMerly care facility in the of CUP 95(11)16 - RS-7, Residential Single Family Zone Episcopal Retirement Homes of Washington At the request of Mayor Ostrowski, Planning Director Collins reviewed information pertinent to the approval of a Conditional Use Permit application submitted by Episcopal Retirement Homes of Washington for elderly housing. With the use of overheads, Director Collins showed the site plan and indicated the matter in'question is the requirement that a sidewalk be constructed along the southern edge of the City right-of-way along the property frontage and west to Peabody Street. Director Collins explained the need for a walking route for the residents; however, he indicated the condition may not be necessary if Clallam Transit would agree to establish a bUs stop to be accessed by the sidewalk in front of St. Andrew's Episcopal Church. Mayor OstroWski opened the public hearing at 8:15 p.m. David Steele, representing Episcopal Retirement Homes of Washington, distributed to the Council a letter from their consultant pointing out that assisted living is an alternative to nursing care. It is their contention that, of the twenty facilities developed, a resident has never driven an automobile. Basically, all transportation is specialty transportation, i.e., paratransit or a family member. Most residents are very frail and have some type of ambulation disability where assistance is required. Their residents are not, therefore, going to be walking down Park to the bus stop in order to access public transportation. If they do any walking on site, they will have enough paved area between the Church and the assisted living facility to be assisted by staff on a walk. It is not anticipated that residents will be walking anywhere unsupervised. Mr. Steele indicated it is important that they keep costs down, and this is the reason they wish to have the sidewalk condition negated. He indicated Clallam Transit has agreed to a discussion of the possibility of moving Route #22 at some future date, if it can be proven the ridership will stay the same. It is their hope to not spend the additional $10,000 for the sidewalk, particularly because it could not be included in the HUD guarantee. This type of expense cannot be part of the loan. Councilman Campbell recalled seeing mention of the possibility that if the facility did not have enough of the qualifying residents to fill to capacity, then they would perhaps rent out the additional space to others who may not quite fit the requirement. Mr. Steele indicated those were staff's words. He indicated this could be an eventuality, but would not be anticipated based on the results of the market studies. Mayor Ostrowski closed the public hearing at 8:20 p.m. Lengthy discussion followed, and Councilman Hulett pointed out the Council goal -4- 3216 CITY COUNCIL MEETING February 6, 1996 PUBLIC HEARINGS: of sidewalk installation along arterials, especially in the area of the schools. Deputy (Cont'd) Director of Public Works Ridout offered information as to the specific areas around the high school scheduled for sidewalk installation. This particular area under Appeal of Condition No. 9 discussion would not be included. Deputy Director Ridout added discussions have of CUP 95(11)16 - been held with the Church concerning possible expansion. They would want to EPiscopal Retirement cooperate with the City in installing sidewalks in that same general area because they Homes of Washington have more frontage. (Cont'd) Councilmembers Doyle and McKeown expressed support of the concept of the City and the Church working together in the installation of sidewalks at a later date. Councilman Doyle inquired as to. the accuracy of the $10,000 cost figure being used for the sidewalk, as he noted he had paid $800+ for about 108 ft. of sidewalk about four years ago. Councilman Campbell, having viewed the site, suggested the possibility of some of the cost involving cutting and grading. Councilman Campbell inquired as to the discussion held at the Planning Commission level, and Director Collins indicated the Planning Commission members did not have all of the information available at the time their recommendation was formulated; therefore, they didn't have benefit of considering this particular option. Counciimember McKeown moved to accept the recommendation of the Planning Department and eliminate Condition g9. The motion was seconded by Councilman Wiggins, and after limited discussion, a vote was taken on the motion, which carried unanimously. LEGISLATION: .4. Ordinances not Requiring Public Hearings Uniform Building Codes 1. .4dopting Uniform Construction Codes Mayor Ostrowski reviewed the information provided by the Public Works Department. With regard to the proposed change in the sprinklering requirements of commercial buildings, Fire Chief Becket indicated it was the Fire Department's wish to hold to 3,000 sq. ft. Councilman Doyle recommended that the fire sprinkler ordinance not be changed, and sprinklers be required in all structures more than 6,250 sq. ft. Councilman Braun felt that 3,000 sq. ft. was more realistic given the size of the City Fire Department. He felt it put undue hardship and stress on the Fire Department to increase this number. Councilman Doyle stated that there was already a problem with businesses leaving the downtown core, and adding building restrictions would escalate the problem. Economically, it doesn't make sense to change the sprinkler requirement. CoUncilman Campbell referenced an agreement which had been reached between the Fire Department and the Home Builders Association and inquired as to what caused the breakdown of the agreement, an explanation of which was provided by Councilman Doyle. Mayor Ostrowski then asked if a member of the HBA would like to speak to the issue. Jim Reed, President of the Home Builders Association, explained that when the original agreement was discussed, the HBA did not know they had any choices; therefore, they tried to strike an agreement at 3,000 sq. ft. He conducted a downtown survey and discovered 17 downtown businesses would be affected. He became concerned and felt a change must be made. He stated it would cost between $2.00 and $3.50 per sq. ft. to sprinkler a building. Using the overhead projector, Fire Chief Becket demonstrated to the Council why the Fire Department felt sprinklers should be installed in all buildings more than 3,000 sq. ft. He ended by quoting a newspaper article that stated the biggest changes in the downtown area over the last 30 years had been caused by fires. Historical buildings were then replaced with parking lots. Chief Becket indicated the challenge to the City was to provide economical fire protection. Councilman Campbell stated that his background is in industry, where sprinklers have always been required. Many incidents have occurred where sprinklers have saved the whole business and prevented millions of dollars worth of damage, as well as many lives, and he could fully appreciate the value of sprinklers in any type of building. Sprinklers are more effective than purchasing bigger fire trucks. However, the City cannot mandate sprinkler systems by square footage. It must be a public education process. Councilman Wiggins agreed with Councilman Campbell, but felt the problem in the downtown area was getting businesses started, and putting in a sprinkler system is going to affect whether or not they can afford to start a business. Councilman Braun moved to accept the 3,000 sq. ft. down from the 6,250 sq. lt. as presented. The motion failed for lack of a second. Councilman Doyle moved to keep the sprinkler ordinance at the present level of 6,250 sq. ft. for commercial buildings. Councilman Wiggins seconded the -5- 3217 February 6, 1996 LEGISLATION: motion, which carried by a majority vote, with Councilman Braun voting in (Cont'd) opposition. Uniform Building Codes The Counci[~t!leni~ .~5~. the matter of civil vs. criminal penalties. Councilman' (Cont'd) Doyle asked if there had been a problem in the past w~th unlicensed contractors. Deputy Public Works Director Ridout stated this has been a minor.problem in the past, and after discussion with the Senior Assistant City Attorney and the HBA, it was felt leaving this as a civil penalty for the time being was acceptable. After limited discussion, it was the general consensus that licensure violations would constitute a civil rather than criminal penalty. The matter of fees was then addressed by the Council, and Deputy Director Ridout stated that several members of the HBA wished to address this issue, but first he wished to share some information with the Council. He stated a mathematical error was made, and the fee increases are not 28% more than the 1991 fees, but 39.5%. The projected costs to the Division for 1996 are approximately $142,000, which is just the cost of the Building Division doing business. The 1995 revenue for building permits was $104,000. There is no plan check fee for such things as roofing permits, small decks, etc. If a builder has one plan that they build four or five different homes from, there is only one plan check fee. Jim Reed, 485 Blue Mountain Road, President of the Home Builders Association, stated the HBA was not always negative and explained several positive things they had undertaken. However, the proposed increase is way out of line. He appreciated this fee could have been higher, but it is still too high. It would cost approximately $1,250 for a plan check on a $100,000 home. Raising the cost of a home always eliminates a group of people from being able to purchase a home. He would like to see no plan check for homes costing less than $100,000, and then only those that require engineered structural plans. Those homes that needed a plan check should be charged at the 65 % fee, as those are the plans that take the time. Discussion followed, and Councilman Campbell pointed out that these fees have not been raised in ten years, and a 40% increase seems reasonable in this light. Councilman Doyle stated that there has been an increase in costs of the Building Department during this same time period, and they must be covered. Manager Pomeranz pointed out that the Council and staff recently eliminated one full time employee to attempt to recoup some of the losses. Mr. Reed stated that when he called and asked the income from permit fees, he was told it was more than $160,000. This is a lot of money for only two employees. Deputy Director Ridout explained that it was $104,000 for building permits, $4,000 for mechanical permits, and $2,000 for plumbing permits for a total of $110,000. Public Works Director Pittis stated that it is possible that the fee that was quoted to Mr. Reed included Public Works permits, which include clearing and grading and sewer permits. Further discussion followed, with Deputy Director Ridout offering clarification and responding to questions. Councilman Campbell moved to revise the plan check fees as presented. Councilman Braun seconded the motion, which carried unanimously. Director Pittis stated that these fees will be in effect for the next three years. He felt there might be some options that can be explored with the HBA, and perhaps there might be some other options with respect to single family homes. Mike DeRousie, a local business owner, wished to discuss inspection of propane tank placements. Deputy Director Ridout stated this was in the draft ordinance under permit fees for inspection of tanks and storage of liquefied petroleum to prevent damage from earthquakes. This is found under Section 14.21.040 of the ordinance. Mr. DeRousie stated that he sold spas and pellet and gas stoves. He has seen an increase in propane sales, and he believes this trend will continue. Getting a permit for installing a wood stove is simple; however, there was-a real problem with propane. Mr. DeRousie then explained the process he had to go through when installing a propane stove; he stated it was very frustrating and involved both the Building Division, as well as the Fire Department. He felt the Building Department should do the inspections and free up the Fire Department to take care of other business. Fire Chief Becker stated that the amendment to the ordinance did not have anything to do with inspections, but deals only with protecting the tanks in case of an earthquake. He explained that State Fire Codes require the Fire Department to perform a site inspection and calculate how far the tank must be from building and property lines. Chief Becker then explained the current process for permitting and installing tanks, and where problems with the process lie. Discussion followed regarding installation and testing of gas tanks, and Chief Becket responded to questions directed by the Council. -6- 3218 CITY COUNCIL MEETING February 6, 1996 LEGISLATION: Manager Pomeranz offered to facilitate a meeting between Mr. DeRousie, the (Cont'd) Building Inspector, and the Fire Chief in order to resolve this issue. B. Resolutions not Requiring Public Hearings None. CITY COUNCIL Councilmember McKeown attended a meeting for the Hartness Memorial Garden; COMMITTEE the committee is maintaining contact with the Veterans groups in order to obtain REPORTS: input. The committee is considering a change to the bell structure and the addition of a reflecting pool. Councilman Campbell, along with Councilman Wiggins, attended the AWC orientation for new councilmembers, which was an excellent program. He attended the meeting concerning the change in the City's Urban Growth area, and he will be participating in a County public heating on February 13 in order to get the City's position on the record. He also attended the City's orientation session; he lauded staff's efforts for the excellent presentations. Because the program was of such high caliber, he suggested taking the presentations "on the road". Councilman Campbell also attended a meeting of the Public Information Committee, a meeting concerning vendor selection for stormwater, and participated in the tour of City facilities. Councilman Hulett also attended the meeting of the Public Information Committee, as well as a meeting of the Chamber of Commerce Board, at which time consideration was given to balancing the budget. Councilman Braun attended the special meeting of the City Council on the Urban Growth Area and a meeting of the Clallam Transit Authority, at which time Mayor Ostrowski was elected Chairman. He attended a meeting of the Real Estate Committee, as well as the Rotary meeting held to honor past Mayors and City Council members. Councilman Braun also attended the funeral of former City employee Bob' Sandback. Councilman Wiggins echoed the sentiments of Councilman Campbell concerning the orientation session. He attended the meeting of the Real Estate Committee, where he feels he can offer input concerning blow down and old City Hall when the subjects are addressed. He referred to a critical meeting scheduled for the 13th concerning the timber supply issue. Letters have been sent to other municipalities on this meeting, as it is important to not allow any further erosion of the timber base if this area is to remain viable. Councilman Doyle attended the meetings on the UGA, the Real Estate Committee, the Rotary Club, the EDC, the UGA Ad Hoc Committee, the Chamber of Commerce installation of officers, and the Library Committee. The Library Board will be meeting with the City Council at a special meeting on Tuesday, February 13, at 3:00 p.m. to discuss the status of the Library project. A meeting will then be held that same ew~ning with the public. Mayor Ostrowski commented that the City's orientation session was outstanding. Also, he spoke to a class of students from Franklin School, which was a most rewarding experience. Councilmember McKeown added to her report the fact that she had attended a meeting of the Downtown Forward Advisory Committee. The meeting served as a "brain-storming" session. Break Mayor Ostrowski recessed the meeting for a break at 9:50 p.m. The meeting reconvened at 10:10 p.m. Planning Commission C. Planning Commission Minutes/Action Items Minutes/Action Items Planning Commission Minutes of Januao, 3, 1996 Councilman Hulett moved to accept and place on file the Planning Commission minutes of January 3, 1996. The motion was seconded by Councilman Campbell and carried unanimously. Mayor Ostrowski noted the inclusion in the minutes of the need for citizen committees to address bicycle/pedestrian routes and view corridors. He asked that staff return with 'a recommendation as to committee makeup, purpose, and the like. -7- 3219 February 6, 1996 LEGISLATION: Planning Commission Minutes of January 19, 1996 (Cont'd) Shoreline Substantial Development Permit - SMA 95(12)155, Port of Port Shoreline Development Angeles/Admiral M~t~ne,:~202 North Cedar Street: Request for a shoreline Permit - Port of Angeles/ substantial development permit to allow a boat building facility in the IH, Industrial Admiral Marine Heavy zone. (This permit is an amendment to the site plan of a previously approved permit for the same use.) After brief discussion, Councilman Campbell moved to concur with the recommendation of the Planning Commission and approve Shoreline Substantial Development Permit SMA 95(12)155, subject to Conditions 1 - 7 and citing Findings 1 - 11 and Conclusions A - G, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Wiggins seconded the motion, which carried unanimonsly. Councilman Braun moved to continue the meeting past 10:00 p.m. Councilman Hulett seconded the motion, which carried unanimously. Councilman Wiggins moved to accept and place on file the Planning Commission minutes of January 10, 1996. Councilman Hulett seconded the motion, which carried unanimously. Gambling Taxes D. Other Considerations I. Letter Regarding Gambling Taxes from Port Angeles Tavern and Bar Owner's Association Reg Midgley, on behalf of the Port Angeles Tavern & Bar Owners Association, asked the Council to give consideration to the gradual abolishment of gambling taxes over a three year period of time. He indicated the tax is seriously damaging to businesses. Mr. Midgley felt the City had nothing to do with gambling, and the tax is ridiculous and should be done away with. He reviewed the contents of the letter submitted to the Council and indicated that most cities who have recently considered similar taxation have determined it to be unfair. Manager Pomeranz advised the Council that an annual survey is conducted on levels of taxation in all State municipalities. Port Angeles is on average in comparison to other cities. Councilman Campbell inquired as to whether a case can be made that gambling can be socially negative, thus creating problems that fall back on the City in various subtle ways thereby justifying the tax. Councilmember McKeown felt that, at the very least, taxing these establishments on gross as opposed to net is especially unfair. After further consideration, it was agreed this matter would be addressed during the budget process. Certification of Tax Levy 2. Certification of Tax Levy Finance Director Godbey provided an overview of property taxes and how they are calculated based on assessed value. She explained that assessed values have increased by 45 % since 1992 due to revaluations and new construction; however, this does not mean property taxes have increased by the same rate. Legally, the County must assess all property at market value. However, revaluations have not been done for many years, and there were inequities in tax amounts for those taxpayers owning comparably valued homes. Tax increases are limited to the lesser of $3.10 per thousand or 106% of the last year's levies. In the 1996 budget, the City invoked the 106 % option. Director Godbey explained that a recent article in the Daily News was deceiving, because tax rates go down when assessed value goes up. The City increased taxes by 6% in the General Fund, amounting to an increase of $180,368. Special levies were $311,200 largely due to the Library bond. Voted levies are a component of the total rate and have increased by 40% since 1991 due to the addition of the Senior Center, Fire Station, and Library bonds. The total City levy for 1996 is $3.60 per thousand. Of this, 74%, or $2.69, goes to support the General Fund and 26%, or $.91 per thousand, supports voted levies. The article in the Daily News mentioned the Port Angeles rate was the highest at $13.07. This rate consists of seven taxing entities: State, County, City, Schools, Port, Library, and Hospital. Of the $13.07, 27.5% goes to the City. Concern was expressed that Port Angeles taxes are too high compared to other cities. Based on a 1995 comparison, the City's taxes and utility rates are within 91% of the average. Director Godbey concluded by recommending a levy of $3.60 per $1,000 for the 1996 property taxes. Councilman Doyle moved to certify a levy of $3.60 per - 8 - 3220 CITY COUNCIL MEETING February 6, 1996 Certification of Tax L~vy $1,000 as recommended. The motion was seconded by Councilman Braun and (Cont'd) carried unanimously. Public Meeting 3. Public Meeting Information from City Manager Information Manager Pomeranz advised the Council that a goal-setting workshop will be conducted for the Council this coming April. In anticipation of that workshop, he LEGISLATION: proposed a public'meeting to solicit ideas from the public about the future direction (Cont'd) of the City. Information gained from this public meeting could be incorporated into the goal-setting workshop. Manager Pomeranz envisioned a type of "home show" Public Meeting format where Councilmembers and department heads could answer questions from Information (Cont'd) the public and seek input at the same time. By consensus, the Council agreed with the concept, and Manager Pomeranz indicated he would meet with staff to establish a format. Councilman Hulett felt this would be an excellent means of receiving public input on the matter of a golf course. City's Input on Proposed 4. City's Input on Proposed Stated Legislation State Legislation In preparation for the upcoming AWC Legislative Conference, which will be attended by Mayor Ostrowski, Councilmember Doyle, and Manager Pomeranz, a summary of various legislative issues had been prepared for Council's consideration. It was recommended that the Council review proposed positions that have been developed with regard to certain significant bills under consideration by the State Legislature. The Council reviewed the recommended positions and came to consensus on each. Break Mayor Ostrowski recessed the meeting for a break at 11:35 p.m. The meeting reconvened at 11:45 p.m. ADJOURN TO The meeting was adjourned to Executive Session at 11:45 p.m. for the purpose of EXECUTIVE SESSION: discussing a personnel matter. RETURN TO OPEN The meeting returned to open session at 12:00 Midnight. SESSION: Councilman Braun moved to increase the City Manager's salary by 2.5% which will be put in a 401 contribution fund. The motion was seconded by Councilman Wiggins and carried unanimously. ADJOURNMENT: The meeting was adjourned at 12:0~ ~ ~'~ky Cle'rkq-- <t - l--- ""-4~ayor ' ~ -9- 3221 Exhibit "A" CONDITIONS, FINDINGS, AND CONCLUSIONS- SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SMA 95(12)155 - PORT OF PORT ANGELES/ADMIRAL MARINE, 202 N. Cedar Street Conditions: 1. If the subject site has not be previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha S'Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha S'Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with the regulations of Chapter 4, 5, and 6 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 zoning, parking, fire, and building code requirements. 5. All storage areas on the site shall be screened from public view in accordance with the City's Shoreline Master Program. 6. All signs shall be consistent with the City's IH zone regulations and Chapters 4 and 5 of the City's Shoreline Master Program. 7. A State Hydraulics Permit and/or any necessary amendment shall be obtained, and FEMA flood hazard requirements shall be met. Findings: 1. The applicant, Port of Port Angeles applied for a Shoreline Substantial Development Permit on October 5, 1995 (Please see Staff.Report Attachment A). 2. A Determination of Non-Significance (MDNS) was issued by the Port of Port Angeles SEPA Responsible Official, acting as Lead Agency on December 5, 1994 followed by an Addendum to Existing Environmental Document issued by the Port of Port Angeles SEPA Responsible Official, again acting as lead agency, for the proposal on November 29, 1995. 3222 - 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 Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Program. 6. Ship building is a water dependent industrial use in the Urban-Harbor shoreline designation. 7. A water-dependent industrial use is a priority shoreline use per RCW 90.58 (7). 8. The site is used as a marine terminal with docking facilities and for log storage and currently is occupied by a port warehouse used for machinery maintenance and a longshoreman's lunchroom. 9. The shoreline has been altered substantially from its natural state. It consists of a steep rock rip rap wall. Above the wall is a level industrial site with no vegetation. Waterward of the shoreline is the massive terminal dock used for larger ships. 10. The boat building facility will create 100 new jobs in the City. 11. The nearest residents are over 1,000 feet south of the site and are atop the marine bluffwhich is over 100 feet above sea level. Conclusions: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policy H-4, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policy B-2, D-l, 1-2, J-l, Chapter 5, Policy D-1,8,9, and 12, and Chapter 6, E-2 and 3, and Chapter 5 Design Standards. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policy H-4, the City's Industrial, Heavy zone, and the City's ._ Shoreline Master Program, specifically Chapter 4, Policy B-2, D-l, I-2, J-l, Chapter 5, Policy D-1,8,9, and 12, and Chapter 6, E-2 and 3, and Chapter 5 Design Standards. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not increase demand for public access to the shoreline. E. As conditioned, the proposed project will not interfere with an existing public access way. 3223 F. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. G. As conditioned, the proposal will provide opportunities for industrial development in a manner which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, specifically Ediz Hook, and contributes to the City's quality of life. .... ~ed by~rt Angel~s City Council at its meeting of February 6,1996. ~'Pro~sl~r Ostr~owski, ~la3or -- B~ck'~ J. L41~ton,~ity C~le~ ~'-