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HomeMy WebLinkAboutMinutes 02/18/19922196 CITY COUNCIL MEETING Port Angeles, Washington February 18, 1992 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:05 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, M. Cleland, B. Collins, L. Glenn, K. Godbey, J. Pittis, S. Hursh, G. Kenworthy, K. Ridout, S. Ilk, T. Siebens, S. Martin, J. Hicks, L. Bryant, T. Smith, B. Myers, Y. Ziomkowski, S. McLane, E. Zappey, W. Heckathorn, and G. Wood. Public Present: L. Beil, L. Brouillard, B. Haselton, D. Somers, M. Winch, L. Fuller, W. Fuller, S. Boyd, L. & J. DeBord, T. Hawksworth, and G. Pettit. Interview Applicants The City Council interviewed the following applicants for City Boards & for Boards & Commissions: Sue Packman, Bob Winters, Robert King, Jewell Vanoss, and Carl Commissions Alexander. RETURN TO OPEN The meeting returned to open session at 7:07 p.m. SESSION: CALL TO ORDER - The regular meeting of the Port Angeles City Council was called to order by Mayor REGULAR MEETING: Hallett at 7:11 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilwoman Sargent moved to approve the minutes of the special meeting of MINUTES: January 31, 1992; the regular meeting of February 4, 1992; and the special meeting of February 11, 1992, as written. Councilman Braun seconded the motion. A vote was taken on the motion, which carried by a majority vote, with Councilmen Nicholson, Ostrowski and Schueler abstaining from the vote pertinent to the January 31, 1992, minutes due to absence. CEREMONIAL Presentation of plaque of appreciation to Daishowa America for its contributions to MATTERS/ the City of Port Angeles PROCLAMATIONS: Mayor Hallett summarized Daishowa's activities over the past few years and reviewed the many contributions to the City of Port Angeles: Daishowa purchased the Port Angeles Mill in 1988, acquired and reopened the M & R chipping facility, supported construction of the new City playfield, implemented plans for beautification and landscaping, participated in the waterfront surf park on Ediz Hook and construction of the waterfront trail through the mill, worked with Olympic Memorial Hospital in the acquisition of new equipment, hosted an open house for the public, upgraded equipment, completed construction of recycling plant, and received the President's Award from the Cia/lam County Economic Development Council. Mayor Hallett then presented a plaque of appreciation to Start Hicks and Yutaka Mochizuki who were present as representatives of Daishowa. Both gentlemen expressed appreciation and offered assurances of Daishowa's ongoing commitment to the community. -1- 2197 CITY COUNCIL MEETING February 18, 1992 CEREMONIAL Employee Suggestion Awards MATTERS/ PROCLAMATIONS: City Manager Pomeranz presented Employee Suggestion Program Awards to Terry (Cont'd) Siebens, Lynne Bryant, Sharon ~Sam~ Martin, John Hicks, and Tim Smith. Police Award Presentations Mayor Hallett presented Life Saving Medal Commendations to Sgt. Steve McLane, Officer Erick Zappey, Officer Wayne Heckathom, and Officer Glenn Wood. These officers were instrumental in successfully evacuating the occupants of the Pleasanton Apartment building during a fire on October 30, 1991. The officers were commended for their heroic efforts. CITY COUNCIL ~ Councilwoman Sargent reported on her attendance~t a growth management meeting COMMITTEE with cities and counties, as well as her attendance at the AWC Legislative REPORTS: Conference at which time input was offered concerning the bill on polyurethane and other pertinent legislation. FIN~CE: 1. Request to surplus the C.H.U.B. Surplus of Mayor Hallett reviewed the information pertinent to the history of the City Harbor C.H.U.B. Utility Board which is presently being recommended for surplus. At this time, the C.H.U.B. is unreliable, requires constant repair and has been removed from service. It is the recommendation of the Fire Department that an inflatable boat be considered for use in the event of an emergency in the harbor. In addition, there is a possibility of utilizing one of the boats owned by Clean Sound. After limited discussion, Councilman Braun moved to concur with the recommendation of the Fire Department to discontinue providing a City Harbor Utility Boat, declare the C.H.U.B. surplus, authorize a call for bids for the sale of the unit, and authorize the Fire Chief to sign a contract with the highest responsible bidder. The motion was seconded by Councilman Schueler and carried unanimously. Progress Payment for 2. Request for progress payment to Boone's Excavating for Watermain Project Watermain Project Councilman Ostrowski moved to authorize the progress payment to Boone's Excavating for the watermain project in the amount of $16,990.99, plus retainage as indicated. The motion was seconded by Councilwoman Sargent and carried unanimously. 3. Final project acceptance and final payment to Delhur, Inc., for the landfill Councilwoman Sargent moved to accept the project, authorize final payment of $63,393.94 to Delhur Industries, and authorize the release of retainage in the amount of $191,122.38 upon receipt of clearance from the Deparlments of Revenue and Labor and Industries. The motion was seconded by Councilman Braun, and after limited discussion, a vote was taken on the motion which carried unanimously. CONSENT AGENDA: Councilwoman Sargent moved to accept the items on the Consent Agenda, including: (1) Consideration of amendment for payment of curbside recycling contract for recyclables; (2) Correspondence from the Washington State Liquor Control Board; (3) Vouchers of February 7, 1992 for 1992 expenses of $62,727.28; (4) Vouchers of February 7 & 14, 1992 of $347,333.77; and (5) Payroll of 2/2/92 for $290,121.08. The motion was seconded by Councilman Ostrowski, and after limited discussion, a vote was taken on the motion which carried unanimously. ITEMS FROM THE Linda DeBord, 1309 E. 7th, asked that she be allowed to address Item No. A.2. AUDIENCE/COUNCIL/ STAFF TO BE Louise Brouillard, 1030 Mt. Pleasant Road, also asked that she be allowed to speak CONSIDERED OR to Item No. A.2. PLACED ON A FUTURE AGENDA: Leonard Beil, 3721 Park Knoll, addressed the matter of the handling of ordinances and resolutions, particularly when a public hearing is being conducted. He felt it -2- 2198 CITY COUNCIL MEETING February 18, 1992 ITEMS FROM THE extremely important for members of the public to be made aware of the contents of AUDIENCE/COUNCIL/ the proposed ordinances/resolutions to be considered. Therefore, he proposed the STAFF TO BE City consider publishing all such ordinances/resolutions prior to consideration, or CONSIDERED OR have copies available to the public. Mayor Hallett asked that Manager Pomeranz and PLACED ON A Clerk Upton consider these suggestions and provide follow-up to the Council at a FUTURE AGENDA: later date. (Cont'd) LEGISLATION: Consideration of permission for Mayor to sign contracts with City of Sequim and Clallam County Fire District No. 3 for dispatch services provided by Contract for Dispatch PENCOM, consolidated dispatch operated by City Services - City of Sequim & Fire District 3 Mayor Hallett and Assistant Police Chief Myers reviewed information pertinent to the addition of the City of Sequim and Fire District No. 3 to the dispatching provided by PENCOM, which is operated by the City. The combined resources result in savings for all agencies served by PENCOM, as well as a greater depth of service. The City will have 13.5 dispatchers, two of which will be acquired from Sequim. Assistant Chief Myers commended the commitment and effort of those individuals involved from Sequim and Fire District 3. Councilman Wight moved to authorize the Mayor to sign the contracts with the City of Sequim and Clallam County Fire District No. 3 for dispatching services as provided by PENCOM. The motion was seconded by Councilwoman Sargent and carried unanimously. Assistant Chief Myers introduced the representatives of the agencies: Mayor Ed Beggs, Clerk/Treasurer Lonna Muirhead, and Police Chief Russ Barnes, City of Sequim; and Chief Tom Lowe and Commission Chairman Fred Minker, Fire District No. 3. All individuals approached the dais for the signing of the contracts. Manager Pomeranz commended Assistant Chief Myers for his hard work, commitment and dedication in seeing this project come to fruition. Public Hearings A. Public Hearings Non-Profit Signs 1. Consideration of resolution for non-profit organizations signs in the right-of- in Right-of-Way way Mayor Hallett inquired as to whether there was anyone in the audience wishing to address the Council in favor of the proposed resolution. There being none, he inquired of the City Attorney as to whether a public heating must, in fact, be held. Attorney Knutson responded that, since such a public hearing is not required by law, the Council had the prerogative of not holding a heating. Mayor Hallett sensed the Council may wish to take action at this time, in view of no public support. Councilwoman Sargent felt it may be helpful to review a challenge received by the City concerning signs presently in the right-of-way, which is a constitutional violation of State and Federal law. The Council felt it necessary to retain the signs for both churches and non-profit orgamzations. This policy was an attempt to satisfy the requirements of the law, which included a small fee in order to satisfy the legal requirement of not giving away City property. Councilman Wight reiterated this was the City's effort to t-md a legal means by which the signs could be retained. Councilman Braun indicated the signs have been present for years, and it was his feeling the resolution should not be passed. Mayor Hallett opened the public hearing at 8:15 p.m. Linda DeBord, 1309 E. 7th Street, speakin~ of Soroptimist International, felt the signs should be retained under the present circumstances without adopting a resolution. She felt the City should accept any such challenge as it comes. She expressed concern with the signs belonging to the City's service organizations and the fact the organizations' signs exceed the size allowed in the proposed policy. Further, she felt the policy to be too wordy and cumbersome. Leonard Beil, 3721 Park Knoll, spoke in opposition to the resolution and felt it to be ambiguous and hard to understand. He had submitted a list of questions to the Public Works Director as to how this policy would be implemented. He took exception to the fact the Rotary Club received a letter dated February 10; this meeting is February 18, and the service organizations were not given sufficient time in which to respond to the proposal. Further, he noted the letter sent out by the City did not explain the constitutional challenge. He questioned the urgency of the matter and noted the service organizations should be excluded from this consideration in view of the challenge directed to church signs only. 2199 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: Councilman Nicholson noted the City has a right to use signs and direct the public (Cont'd) as to locations of churches, etc. He felt the rationale is that the City does not have the right to give something away; however, one could argue the City is not giving Public Hearings anything away by allowing directional signs of this nature. He submitted the position of this policy can be argued. Non-Profit Signs in Right-of-Way Susan Boyd, 325 E. 6th Street, President of the Exchange Club, echoed other (Cont'd) comments submitted and urged the Council to oppose passage of the resolution. Louise Brouillard, 1030 Mt. Pleasant, representative of the Soroptimist Jet Set, feels the service organizations' sign is an asset and the City should stand up and accept the challenge. There being no further public input, the public hearing was closed at 8:32 p.m. Councilman Braun moved to rescind the resolution on this proposal in its entirety. Councilman Ostrowski seconded the motion. Councilman Ostrowski saw no need for this policy and indicated he would like to continue with the informal policy. Councilman Schueler felt the challenge is probably quite valid, and he was in favor of some type of sign ordinance that will allow for signs in a legal fashion to direct people to different places. Councilwoman Sargent asked consideration of a one-time charge for the signs, and she urged a more simplified version of the proposed policy. Councilman Wight noted the policy does not have wide acceptance; he felt the City cannot ignore the issue and suggested that staff work on the matter further in order to assure protection under the law. To do otherwise, in his opinion, would be irresponsible. Lengthy discussion followed and it was suggested a one-time charge of $1 be instituted in order to meet legal obligations. Attorney Knutson indicated an effort was made to determine reasonable compensation; to charge anything less than $10 would be inadvisable. He noted the State presently charges a $10 fee for similar signs in State rights-of-way. The City could sell the portion of the right-of-way for the signs for a one-time fee; however, the charge would in his opinion need to be increased. Councilman Schueler suggested a friendly amendment to the motion wherein cluster signs would be separated from this consideration and that the City consider a new ordinance which speaks specifically to the issues raised, with a fee charged equal to what the State charges and, further, that the City maintain the signs all of which shall be conforming. Councilman Braun preferred to vote on the motion as originally stated, which was clarified by Mayor Hallett to be a motion to not take action on the resolution at this time. A vote was taken on the motion which carried by a majority vote, with Mayor Hallett, Councilwoman Sargent and Councilman Schueler voting in opposition. Mayor Hallett asked that the matter be given further review by the staff for consideration at a City Council meeting in April. Fees for Prints & Copies 2. Proposed resolutions revising fees for supplying print and copies and and Public Works Fees revising fees, deposits and related charges for Public Works permits and for Services - services Resolution No. 8-92 Resolution No. 9-92 Mayor Hallett opened the public hearing at 8:50 p.m. There being no public input, the public hearing was closed at 8:50 p.m. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 8-92 A RESOLUTION of the City of Port Angeles establishing fees for the supplying of prints and copies to the public and other services, and superseding Resolution No. 11-86. Councilwoman Sargent moved to pass the Resolution as read by rifle. The motion was seconded by Councilman Braun and carried unanimously. Mayor Hallett read the Resolution by title, entitled -4- 2200 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: RESOLUTION NO. 9-92 (Cont'd) A RESOLUTION of the City Council of the Fees for Prints & Copies City of Port Angeles revising fees, and Public Works Fees deposits, and relates charges for for Services - various Public Works permits and services Resolution No. 8-92 and superseding Resolutions No. 8-84, Resolution No. 9-92 9-84, 19-85, and 14-86. (Cont'd) Councilwoman Sargent moved to pass the Resolution as read by ritle. The motion was seconded by Councilman Schueler and carried unanimously. Break Mayor Hallett recessed the meeting for a break at 8:52 p.m. The meeting reconvened at 9:09 p.m. Rezone Request - 3. Rezone Request - REZ 91(11)05 - City of Port Angeles, between Peabody City of Port Angeles - and Chase and 5th & 7th Streets: Proposed rezone of approximately 9. 3 Ordinance No. 2676 acres from RMF, Residential Multi-Family, to OC, Office Commercial, and an amendment including property to be rezoned from CSD-C, Community Shopping District and RMF to PBP, Public Buildings and Parks Mayor Hallett summarized information pertinent to the rezone of property located between Peabody and Chase and 5th & 7th Streets, which includes the area that has been proposed for development of the new City Senior Services Center. Mayor Hallett opened the public hearing at 9:10 p.m. There being no public input, the public hearing was closed at 9:10 p.m. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2676 AN ORDINANCE of the City of Port Angeles rezoning property located between Chase and Peabody Streets and between Fifth and Eighth Streets, from RMF, Residential Multi-Family, to OC, Office Commercial and PBP, Public Buildings and Parks, and from CSD-CI to PBP, Public Buildings and Parks. Councilman Ostrowski moved to adopt the Ordinance recommended by staff as read by title. The motion was seconded by Councilman Schueler. Questions were raised concerning the differences between the recommendation of the Planning Commission versus the Planning Department. Planning Director Collins indicated the basic difference is that staff is recommending a rezone of the Skating Rink, Lots 5-9, Block 229, from Residential Multi-Family to Public Buildings and Parks. The Planning Commission recommended a rezone of that area from Residential Multi-Family to Office Commercial. Further, Director Collins noted the titles of both proposed ordinances should read the same as that read by the Mayor, which was the ordinance recommended by staff. Discussion followed and Director Collins further explained that staff's position was that there is room for interpreting the skating rink as a conforming use under PBP as a recreational facility. He indicated it was the Planning Commission's position that the future of the skating rink property for redevelopment would be better under Office Commercial or Residential Multi-Family zoning as opposed to Public Buildings and Parks. Councilman Wight agreed, as the issue of the skating rink as a non-conforming, pre-existing use is inconsequential. However, the long-term consideration of the use of the property, unless publicly owned, could be adversely affected by a PBP zone. He supported the adoption of the ordinance proposed by the Planning Commission. Councilman Ostrowski withdrew his motion. Councilman Wight moved to adopt the Ordinance recommended by the Planning Commission as read by title. The motion was seconded by Councilwoman Sargent. Mayor Hallett addressed the issue of removing property from Residential Multi- Family and questioned the merit of such a decision in view of stated need for multi- family housing and multi-family zoned property. Director Collins indicated that this specific area does not appear to offer the amenities of choice for construction of multi-family housing. New offices have been built in the area, and it would appear -5- 2201 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: the market choice has been Office Commercial. If OC zoning were applied, multi- (Cont'd) family housing could still be built. In response to an inquiry from Councilman Braun, Director Collins indicted staff had asked for an opinion from the County Rezone Request- Assessor as to whether property taxes would increase. The Assessor indicated City of Port Angeles- property tax for residences would be the same, whether the zoning is Office Ordinance No. 2676 Commercial or Residential Multi-Family. (Cont'd) Lengthy discussion ensued concerning the wisdom of removing Residential Multi- Family zoning. A vote was then taken on the motion which carded by a majority vote, with Mayor Hallett and Councilmen Nicholson and Braun voting in opposition. Councilman Wight moved to approve Rezone Request REZ 91(11)05 citing the following findings and conclusions: FINDINGS: (1) The site is generally bounded to the south and west by commercially zoned property; PBP and OC (City Hall) to -- the north; and RMF and OC to the east; (2) The rezone area is contiguous to two existing areas of OC-zoned land on Peabody Street; (3) Single-family homes on OC- zoned lands are assessed at the same value as single-family homes on RS-7 zoned property; (4) The RMF District and the OC District allow the same residential uses at the same densities. No residential use will become non-conforming by this action; (5) The Port Angeles SEPA Responsible Official originally issued a Determination of Non-Significance for the proposal on October 28, 1991 and issued a DNS for the revised proposal on January 17, 1992; (6) The Comprehensive Plan has been reviewed with respect to the proposal and the following Goals, Policies and Objectives have been found to be most applicable: Goals Nos. 2, 3, 4 and 5; Residential Policies Nos. 15-17; Commercial Policies Nos. 1, 2 and 3; Social Policy No. 4; Social Objectives Nos 2 and 3; and Land Use Objectives Nos. 1, 2, and 3; (7) The rezone affects 56 dwelling units, which represents 0.7% of the City's existing housing stock; (8) The rezone area would reduce the RMF zoned land by 6.2 %; (9) The OC designation allows the same residential development at the same densities as the RMF District; (10) The Senior Center is not a permitted use in the RMF and CSD-C1 zones, but is permitted in the PBP zone; (11) The skating rink is a non-conforming use in the RMF zone district and would be similar to recreational facilities and structures which are permitted in the PBP; CONCLUSIONS: (A) The rezone request is in the public use and interest and will not cause adverse impacts to the adjacent properties; (B) Circumstances have changed since the property was zoned RMF by the City of Port Angeles. A new City Hall and expanded county offices have been constructed in the immediate vicinity, thereby creating demand for ancillary office space. The increasing senior population and inadequate Senior Center facility has created a need for a new Senior Center; (C) The rezone is consistent with the Goals, Policies and Objectives of the Port Angeles Comprehensive Plan; (D) The rezone results in a slight reduction of land that may be developed at RMF densities. Councilwoman Sargent seconded the motion which carried unanimously. Rezone Request - 4. Rezone Request - REZ 92(02)02 - Clallam County, 1914 West 18th Street: Clallam County - Request for rezone of property currently designated LI, Light Industrial Ordinance No. 2677 District, to PBP, Public Buildings and Parks District Mayor Hallett opened the public hearing at 9:45 p.m. Jim Rumpeltes, Clallam County Administrator, 223 E. Fourth Street, spoke in support of the application for the rezone which also includes the current location of the juvenile facility. The facility is a non-conforming use and is adjacent to PBP- zoned property. Limited discussion followed and Mayor Hallett closed the public hearing at 9:48 p.m. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2677 AN ORDINANCE of the City of Port Angeles rezoning property located in the Airport Industrial Park on West 16th Street, from LI, Light Industrial, to PBP, Public Buildings and Parks. Councilman Ostrowski moved to adopt the Ordinance as read by title, citing the following findings and conclusions: FINDINGS: (1) The proposal is to rezone approximately 3.46 acres from Light Industrial (LI) to Public Buildings and Parks (PBP); (2) The site is currently developed with a legal non-conforming juvenile detention facility which is a permitted use in the PBP Zone District. The existing 2202 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: facility appears to meet the setback requirements of the PBP Zone District; (3) (Cont'd) Surrounding zoning and land uses include single-family residential, parks, and light industrial. The site is adjacent to a large PBP-zoned area; (4) The Port Angeles Rezone Request - Comprehensive Plan has been reviewed with respect to the proposal. Several Goals, Clallam County - Policies, and Objectives have been found to be most pertinent, including Goals Nos. Ordinance No. 2677 2, 3, and 4; Industrial Policies Nos. 1, 2, 3, 5 and 6; Community Facilities and (Cont'd) Service Policies Nos. 1, 2, and 4; Community Facilities Objectives Nos. 1 and 2; and Land Use Objectives Nos. 1 and 2; and (5) The Clallam County SEPA Responsible Official, acting as lead agency, issued a Determination of Non- Significance on January 27, 1992; CONCLUSIONS: (A) The rezone is in the public use and interest and is compatible with the surrounding zoning; (B) The rezone is consistent with the Goals, Policies, and Objectives of the Comprehensive Plan; and (C) Circumstances have changed since the property was zoned Light Industrial. The need for the detention center has outgrown the existing facility. New recreational facilities (baseball fields) have recently been constructed adjacent to the site. The motion was seconded by Councilman Wight and carried unanimously. Street Vacation - 5. Street Vacation Request - STV 92(02)01 - City of Port Angeles, 326 East City of Port Angeles - Seventh Street: Request for vacation ora portion of the 7/8 alley between Ordinance No. 2678 Chase and Peabody and Seventh and Eighth Streets This request for a vacation of the 7/8 alley between Chase and Peabody and Seventh and Eighth Streets is submitted in conjunction with the construction of the City's proposed Senior Services Center. Mayor Hallett opened the public hearing at 9:53 p.m. Rex Bond, ARC Architects, Seattle, explained an overhead representing the preliminary site plan and the details pertinent to parking, access to the building, and egress from the parking lots. He urged the Council to concur with the recommendation of the Planning Commission by approving the application for the street vacation. There being no further public input, the public heating was closed at 9:57 p.m. Discussion ensued with Councilman Braun inquiring as to how the City can accomplish a turn-around for the Fire Department. Planning Director Collins indicated the City may need to acquire additional property for that purpose. Councilman Braun moved to concur with the recommendation of the Planning Commission and approve the street vacation request and further, to direct staff to investigate the properties in private ownership which must be acquired for the turn-around. The motion was seconded by Councilman Wight. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2678 AN ORDINANCE of the City of Port Angeles vacating that portion of the 7/8 alley abutting Lots 1-5 and Lots 14-18, Block 229, TPA. Councilman Braun offered clarification in that his motion should include adoption of the Ordinance as read by title, citing the following conditions, findings, and conclusions: CONDITIONS: (A) A 10-foot wide easement on the south side of the vacated alley to cover the existing power lines shall be provided; (B) A utility easement within the vacated alley to provide Public Works access to the existing sewer lines shall be provided; (C) A tm-around acceptable to the Fire Department shall be provided; and (D) A reciprocal access easement which benefits Lots 5 and 14 shall be provided for that portion of vacated alley abutting said lots; FINDINGS: (1) The proposal is to vacate 250 feet of the 7/8 alley between Chase and Peabody Streets, abutting Lots 1-5 and 14-18, Block 229 of the Townsite of Port Angeles; (2) Land uses on the ten lots abutting the alley include the Senior Center site (7 lots), the barber shop building, counseling center and skating rink one lot each; (3) Circulation is provided in the vicinity on fully developed streets including Seventh, Eighth, Chase, and Peabody Streets; (4) City Light has noted there are existing power lines and an easement is required to access those lines; (5) Public Works has noted there is an existing sewer line in the alley which needs an easement to provide access; (6) The Fire Department has commented that an adequate turn- around must be provided in the alley; (7) The Senior Center site encompasses lots on both sides of the alley; and (8) There is an existing curb-cut on Peabody Street which can serve Lot 18; CONCLUSIONS: (A) Vacation of this portion of the 7/8 -7- 2203 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: alley is in the public use and interest and would be a public benefit; and (B) The (Cont'd) proposal would not adversely impact access to the individual lots nor will it significantly alter the circulation pattern in the vicinity. Street Vacation - City of Port Angeles- Councilman Wight noted that, in the past, the City Council has approved Ordinance No. 2678 compensation for street vacations in the amount of 50 % of the fair market value (Cont'd) which, as referenced in a memorandum from Public Works, would equate to $4.50 per square foot. This amount was acceptable to the members of the Council. A vote was then taken on the motion which carried unanimously. Councilwoman Sargent noted the lateness of the hour and moved to continue with the agenda. The motion was seconded by Councilman Braun and carried unanimously. Street Vacation Request - 6. Street Vacation Request - STV92(02)02 - Diversified Industries, Vine Street, Diversified Industries - between Lauridsen Boulevard and Orcas Ordinance No. 2679 Mayor Hallett reviewed information pertinent to the request for a street vacation as submitted by Diversified Industries. The intent is to use the property for parking. Mayor Hallett opened the public hearing at 10:05 p.m. Rob Campbell, Diversified Industries, 430 E. Lauridsen Boulevard, urged Council's support of the street vacation request. Brief discussion followed concerning maintenance of the right-of-way, as well as the possibility of a bypass being constructed in the area. Deputy Director of Public Works Ridout indicated the City has sufficient right-of-way in the event of a bypass. There being no further public input, the public hearing was closed at 10:09 p.m. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2679 AN ORDINANCE of the City of Port Angeles vacating that portion of Vine Street abutting Lot 1, Block 21, Puget Sound Cooperative Colony Second Addition to the Townsite of Port Angeles. Councilman Wight moved to approve Street Vacation Request STV 92(02)02, citing the following condition, findings, and conclusion: CONDITION: (A) An easement to provide access for maintenance of the existing eight-inch storm drain shall be granted in favor of the City of Port Angeles; FINDINGS: (1) The proposal is to vacate a portion of the Vine Street right-of-way located between Orcas Avenue and Lauridsen Boulevard; (2) Abutting the portion of right-of-way proposed for vacation is the Diversified Industries residential units to the west, Orcas Avenue to the south, Lauridsen Boulevard to the north, and the improved Vine Street connector to the east; (3) The Department of Public Works has commented that an easement needs to be provided to allow access for maintenance of the existing eight-inch storm drain; (4) Lauridsen Boulevard has been considered as a potential Highway I01 bypass route. The Department of Public Works has commented that they do not believe the portion of the Vine Street right-of-way proposed for vacation would be needed if the bypass were to be created; CONCLUSION: (A) Vacation of this portion of the Vine Street right-of-way is in the public use and interest and would be a public benefit, and to adopt the Ordinance as read by title, citing zero compensation. The motion was seconded by Councilwoman Sargent and carried unanimously. Civil Service B. Ordinances Not Requiring Public Hearings Ordinance - Ordinance No. 2680 Consideration of amendment to Civil Service Ordinance and Chapter 2.22 of Municipal Code Mayor Hallett reviewed facts relevant to the need to authorize a discretionary waiver of the probationary period for those individuals transferring from another law enforcement agency to the Port Angeles Police Department. Such a waiver is necessary as a housekeeping matter in conjunction with the employees transferring into the City's dispatch center from other agencies, such as the County, Sequim, and Fire District 3. -8- 2204 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: Councilman Ostrowski moved to adopt the Ordinance as presented. (Cont'd) Councilwoman Sargent seconded the motion. Mayor Hallett read the Ordinance by title, entitled Civil Service Ordinance - ORDINANCE NO. 2680 Ordinance No. 2680 (Cont'd) AN ORDINANCE of the City of Port Angeles, Washington, amending the City's Civil Service Ordinance and Chapter 2.22 of the Port Angeles Municipal Code. A vote was taken on the motion which carried unanimously. 1992-1997 Capital C. Resolutions Not Requiring Public Hearings Improvement Program - Resolution No. 10-92 1. 1992-1997 Capital Improvement Program The Capital Improvement Program had been submitted to the Council during the 1992 budget process; however, in order to be able to document the formal adoption of the CIP for future grant and loan applications, it is necessary to adopt the CIP separately. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 10-92 A RESOLUTION of the City Council of the City of Port Angeles adopting the 1992-1997 Capital Improvement Program. Councilwoman Sargent moved to pass the Resolution as read by title. The motion was seconded by Councilman Ostrowski. During the ensuing discussion, Public Works Director Pittis responded to an inquiry from Councilwoman Sargent that the CIP would, in fact, be subject to change at Council's direction. He then reviewed the CIP process. A vote was taken on the motion which carded unanimously. Street Vacation Request - 2. Resolution setting a public hearing for March 17, 1992, for consideration Portion of Fourth Street - of a request to vacate a portion of Fourth Street located in Block 119, TPA Resolution No. 11-92 The Planning Department received a valid petition for vacation of a portion of City fight-of-way located on West Fourth Street. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 11-92 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate that portion of West Fourth Street abutting Lots 4 & 5, Block 119, TPA. Councilwoman Sargent moved to pass the Resolution as read by title, forwarding the street vacation request to the Planning Commission, to be heard on March 11, 1992, and setting a public hearing before the City Council on March 17, 1992. The motion was seconded by Councilman Schueler and carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1. Planning Commission Minutes, regular meeting of February 12, 1992 Councilwoman Sargent moved to accept and place on file the Planning Commission minutes of February 12, 1992. The motion was seconded by Councilman Braun and carded unanimously. 2205 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: E. Other Considerations (Cont'd) "Air Space" Lease for 1. Update on status of ~air space ~ lease proposal regarding downtown motel Downtown Motel Manager Pomeranz reported this matter had been placed on the agenda for the purpose of updating the City Council on the Mair spaceM lease regarding the proposed motel to be built downtown by Mr. Elliott. The City is working with the developers; some modifications, such as the type of canopy entrance and parking, which have been submitted for consideration. Tim Haley, 113 South Valley, speaking on behalf of Mr. Elliott, explained the canopy would be perpendicular to the hotel. The Port Angeles Downtown Association has been consulted in this regard, and the possibility of an easement is - being studied. Manager Pomeranz indicated other matters on this issue appear to be approaching finalization; however, the issue of parking and the canopy must still be addressed. Appointment of 2. Appointment of representatives to Boards/Commissions Representatives to Boards/Commissions Councilman Schueler moved to nominate Sue Packman to the membership of the Parks, Recreation & Beautification Commission. The motion was seconded by Councilman Nicholson. There being no further nominations, a vote was taken on the motion which carded unanimously. Councilman Nicholson moved to nominate Robert King to the membership of the Board of Adjustment. The motion was seconded by Councilman Schueler. There being no further nominations, a vote was taken on the motion which carried unanimously. Councilman Wight moved to nominate Bob Winters to the membership of the Planning Commission. The motion was seconded by Councilman Ostrowski. There being no further nominations, a vote was taken on the motion which carried unanimously. Councilman Wight directed attention to the highly qualified applicants who had applied for the vacancies on the various boards/commissions. He noted Carl Alexander's input is still important to the Growth Management Advisory Committee. In addition, Mr. Alexander is available to serve on other committees, as is Jewell Vanoss. Councilman Wight asked that these applications be retained for future consideration for other committee assignments. Appointment to 3. Appointment of Member to Board of Adjustment Board of Adjustment The City Council recently adopted an Ordinance which provided that, in order to stagger expiration of the terms of office for members of the Board of Adjustment, the term for one appointment which is scheduled to begin on March 1, 1992, shall be for three years instead of four. Board member Chuck Turner requested his term of office be for three years. Councilwoman Sargent moved to appoint Chuck Turner to the Board of Adjustment for the period, March 1, 1992 - March 1, 1995. The motion was seconded by Councilman Wight and carried unanimously. Appointment to Senior 4. Appointment to Senior Center Board Center Board Councilman Ostrowski moved to appoint Thelma Clevenger to a second term on the Senior Center Board of Directors and appoint Roberta Oaks and Douglas Redgrave to their first three-year term on the Board of Directors. The motion was seconded by Councilwoman Sargent and carried unanimously. Financial Reports 5. Preliminary financial reports for year ending December 31, 1991 Year Ending December 31, 1991 Finance Director Godbey reported the City is in the best financial position in history. The 1991 fund balance is approximately $1.4 million. The City has conservatively estimated revenues and expenditures. Revenues exceeded the budget by 2.5 percent, and expenditures were 1.4 percent below budget. Director Godbey reviewed the -10- 2206 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: areas in which revenues were increased, such as property and sales tax. Director (Cont'd) Godbey attributed the successful year to a careful and conservative management approach to purchasing, and budgeting revenues and expenditures. Financial Reports Year Ending December Director Godbey reviewed a graph which reflected the changes in the fired balance 31, 1992 (Cont'd) over a ten year period, ending December 31, 1991. Fund Balance increased $346,251 or 32 percent over 1990 and $668,740 or 86 percent or 1989. Mayor Hallett expressed surprise at the fund balance, particularly in view of the economic situation in this area, as well as the entire country. Director Godbey reiterated the City's conservative approach in managing the budget. Members of the Council expressexl appreciation at the format and clarity of the report presented. Land Purchase for 6. Approval of land purchase for biofiltration at Wastewater Treatment Plant Biofiltration at Wastewater Treatment Mayor Hallett reviewed information concerning the City's construction of the Plant expansion of the Wastewater Treatment Plant and the required application for a hydraulic permit from the Department of Fisheries. The conditions for approval of the permit include a requirement that the City construct storm water detention facilities; however, there was insufficient land to accommodate the biofiltration swale. Therefore, it is the recommendation of the Public Works Department that land totaling 5,550 square feet be purchased from ITT Rayonier for $2,500.00 for this purpose. Councilman Nichoison moved to authorize the Mayor to sign the Deed and Easement document for purchase of the property and payment of $2,500.00 to ITT Rayonier for the purchase of a strip of land 15' x 370' adjacent to the Wastewater Treatment Plant site to facilitate expansion of the facility. The motion was seconded by Councilwoman Sargent and carried unanimously. Contract with 7. Approval of contract with Washington State Energy Office for code start-up Washington State costs Energy Office The City Council reviewed a contract with the Washington State Energy Office which would allow the City to accept funds for start-up costs to implement the Washington State Energy Code. Councilwoman Sargent moved to authorize the Director of Public works to sign the contract with the Washington State Energy Office. The motion was seconded by Councilman Braun and carried unanimously. Advisory Committee 8. Consideration of forming an advisory committee to implement a cable TV for Cable TV government and education channel Government and Education Channel Mayor Hallett and Councilman Wight summarized a discussion held at the last Utility Advisory Committee meeting at which time the Regional Manager of Northland Cable proposed the implementation of a government and education channel which is provided for in the City's cable TV franchise ordinance. The ordinance also requires the cable company to provide a character generator and a fund in the amount of $12,500 for acquiring additional production equipment. The School District has requested that this channel be implemented. Discussion followed concerning the formation of the recommended advisory committee, which could include representatives of the Port Angeles School District, ' the Sequim School District and Peninsula College. Councilman Schueler expressed concern that there be no endorsement of teaching methods on this channel. It was noted the channel could be used for school presentations, televising of public meetings of interest, as well as notification of public meetings via the character generator. Mayor Hallett noted this effort is in the incubation stage and the next logical step would be the formation of the advisory committee, as recommended. Councilman Wight moved to authorize the formation of the advisory committee for the cable TV government and education channel as recommended. The motion was seconded by Councilman Braun and carried by a majority vote, with Councilman Schueler voting in opposition. -11- 22O7 CITY COUNCIL MEETING February 18, 1992 LEGISLATION: 9. Request to submit Centennial Clean Water Grant for Watershed and Surface (Cont'd) Water Planning Centennial Clean Public Works Director Pittis and Planning Director Collins submitted for Water Grant consideration a proposal for the City to submit an application for grant funds to participate in a Watershed and Stormwater Management Plan for the Port Angeles area. The two departments have been working in a joint effort to develop a Watershed Management Plan for the second priority watershed in the County around Port Angeles, with the County and the Lower Elwha Tribe. The general intent of the program is to develop a future source of funds for the support of water related legislated Growth Management Act activities and other surface water management programs. Councilwoman Sargent moved to authorize the Mayor to sign the Grant _ Application for Centennial Clean Water Funds. The motion was seconded by Councilman Nicholson and carried unanimously. Jurisdictional 10. Jurisdictional question regarding ships in harbor Question - Ships in Harbor Councilman Wight introduced for consideration the matter of the many ships in the harbor which are present for purposes of refueling. He asked that the City Attorney review the matter in terms of additional sources of revenue. Citizens Recycling 11. Recommended expansion of duties of Citizens Recycling Committee Committee Councilman Wight referenced recent discussions held concerning the revitalization of the Citizens Recycling Committee. Having recently spoken to the new chairman of the Committee, Jerry Cornell, Councilman Wight noted the scope of duties might well be expanded to include regional or county-wide efforts in recycling, particularly since the entire County is utilizing the City's landfill. At this time, Councilwoman Sargent referenced a portion of the Utility Advisory Committee minutes wherein it is noted the issues taken before the Recycling Committee are forwarded on to the Utility Advisory Committee. She expressed the opinion that recycling matters should first be referred to the City Council and, if determined appropriate, then forwarded to the Utility Advisory Committee. ADJOURNMENT: The meeting adjourned at lhl0 p.m. Clerk .... M~/~or L) -12-