HomeMy WebLinkAboutMinutes 03/16/1999 3930 CITY COUNCIL MEETING Port Angeles, Washington March 16, 1999 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 5:31 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins and Williams. Members Absent: None. Staff Present: Manager Ibarra, Attorney Knutson, Deputy Clerk Hagar, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, and D. Miller. Public Present: L. Lee and P. Tietz. PLEDGE OF The Pledge of Allegiance to the Flag was led by County Commissioner Carole ALLEGIANCE: Boardman. CEREMONIAL None. MATTERS/ PROCLAMATIONS: WORK SESSION: 1. Salmon Recovery - Report.from Brad Collins and Bob Martin Meeting with Clallam Manager Ibarra stated the purpose of this meeting was to discuss issues with County Commissioners commonalities to both the City and County. It was not expected issues would be resolved, but this was an opportunity to apprise one another of concerns and plans. Salmon Recovery Manager Ibarra stated the first topic of discussion would be salmon recovery. He introduced Brad Collins, Port Angeles Planning Director, who gave a briefing from the City's prospective. Director Collins stated staff had been working with the County, both Tribes, and the Agnew Irrigation District on watershed planning, as well as fish restoration project planning. This effort has been successful, and the jurisdictions are working well together. Today, the Puget Sound Chinook Salmon was added as a threatened species under the Endangered Species Act. This affects the Elwha and Dungeness Rivers, Morse Creek watershed basin, and the Jimmy Come Lately Creek. The Federal Government, through the State, provides funding for the Tribes and County, but not for the City. It is hoped this will change as the impacts on cities become more obvious. Councilman Hulett asked what impact this would have on the streams and creeks located within the City limits, and Director Collins responded that they are not directly related to Chinook Salmon at this point. The focus is on the Elwha, because it is the City's water supply. Director Collins introduced Bob Martin, Clallam County Director of Community Development. Mr. Martin said the new endangered species listings came out today, and - 1 - 3931 CITY COUNCIL M£ETING March 16, 1999 Meeting with Clallam they do affect the County's regulatory process and will likely affect the City's as well. County Commissioners The new listings also designated critical habitat, which has not been included in the (Cont'd) past. Critical habitat areas are defined as the area within 200~ of the streams in which salmon currently reside or have access. County staff is currently attempting to map out Salmon Recovery these areas, upon which habitat management plans must be established. The critical (Cont'd) habitat also includes the coastal areas of the Strait of Juan deFuca up to Crescent Bay, which would probably include the Port Angeles harbor. Director Collins felt the federal implementation of the listing would not go into affect for two to three months, as it ftrst must be published and then followed by a sixty-day comment period. Mr. Martin felt there was additional pressure on the County due to designation of critical habitats. Discussion followed, and Director Collins and Mr. Martin responded to questions and provided clarification. Explanations were given on development and permitting under the 4-D rule for critical areas. Mr. Martin explained the County's requirements regarding habitat management plans, and Director Collins stated that the City did not currently have habitat management plans. Commissioner Doberty stated that each entity, City, County, and Tribe, had knowledge and/or experience the others did not have. It is hoped, that by working together, solutions can be worked out to benefit all those affected by the Endangered Species Act. Mayor Braun concurred and hoped tonight's meeting would help generate an atmosphere of cooperation. Solid Waste & Landfill 2. Solid Waste and Landfill - Report from Jack Pittis and Steve Hauff Public Works Director Pittis reminded the Council that the City had received a permit from the County Health Department and acknowledged the difficulties entailed in that process due to the new rules regarding landfills. Eventually, all landfills west of the Cascades will be eliminated, and other methods of disposal will be sought. In order to obtain the landfill permit, the City hired the U.S. Department of Agriculture (USDA) to render a wildlife assessment and to perform wildlife hazing at the landfill and airport. The USDA has also prepared a Wildlife Management Plan which is currently being finalized prior to being sent to the Federal Aviation Agency (FAA) for review. Upon completion, an interlocal agreement involving the Port and City will be presented for the implementation of the plan to assure the best wildlife management. The Solid Waste Advisory Committee (SWAC) has beea promised that a decision on how long the City feels the landfill can be operated economically will be forthcoming. The SWAC will then begin discussions as to where and how solid waste will be disposed. Director Pittis then introduced Steve Hauff, Clallam County Engineer. Steve Hauff agreed that the major issue is what to do with the 40,000 tons of solid waste that currently comes into the City's landfill once that facility closes. The SWAC will have to make these decisions and arrive at a recommendation for the signatories to the Comprehensive Solid Waste Management Plan. These signatories currently include the cities of' Port Angeles, Forks, Sequim, the Makah, Quileute, Lower Elwha and Jamestown Tribes, Olympic National Park and Clallam County. Mr. Hauff stated that solid waste in the County is significantly different from the City, as the County has private collectors and no mandatory collection. The County has two transfer stations operated by private contractors, one of which delivers the solid waste to the Port Angeles Landfill. It is believed that, in the future, a transfer station or disposal site will be utilized. Some of the future decisions will be economic and some will be regulatory. In five years time, solid waste issues will be completely different -2- 3932 CITY COUNCIL MEETING March 16, 1999 Meeting with Clallam than they are today. Director Pittis then reviewed the issues that would need to be County Commissioners covered by a Solid Waste Comprehensive Plan. Discussion ensued, and Director Pittis (Cont'd) and Mr. Hauffresponded to questions and provided additional clarification. Solid Waste & Landfill 3. Opportunity Fund - Report from Jim Rumpeltes (Cont'd) Manager Ibarra reminded the Council that this Fund was created by a sales tax rebate Opportunity Fund provided through the State. Currently, there is approximately $250,000 in this fund, and discussions were held in the summer and fall regarding distribution of the monies. A proposal was accepted, and Jim Rumpeltes intended to give an update on the issue this evening, unfortunately, he was unable to be present. Bob Martin, Clallam County Director of Community Development, stated eligibility issues and requirements were currently being established. County Commissioner Doherty stated that SB 5594 increased this fund and explained that the wording of the Bill liberalizes the City's influence on the Fund. Commissioner Ireland stated that the goal is to be ready to take applications in May, and it is estimated the fund amount will be $270,000 per year. Commissioner Ireland felt all government entities would be qualified to apply, and there would be a review board of professionals to make recommendations to the Board of Commissioners who would make the final rule. She stated staff is currently working toward a draft ordinance. A hearing would then be scheduled. Discussion followed, and further clarification was provided. Manager Ibarra stated he thought the largest city in the County needed to approve of how this Fund was set up. He will double check on this. Councilman Wiggins reminded everyone that at the end of the month the Forest Practices Board has a hearing scheduled. Timber industry people have been working for about two years to come to some agreement as to what will happen on their property so they Can practice forestry in an economic way. Councilman Wiggins stated the County has just as much at stake as the City, if not more. Future Meetings 4. Future Meetings - Discussion regarding Scheduling of Subsequent Meetings Manager Ibarra asked the Council and Commissioners how often they would like to meet. After some discussion, it was decided to hold a joint work session at the regular Council meeting of September 21, 1999. Also, meetings will be called as issues arise which need mutual discussion. Mayor Braun thanked the County Commissioners and staff members for taking the time to participate in this evenings discussions. Break Mayor Braun recessed the meeting for a break at 6:50 p.m. The meeting reconvened at 7:00 p.m. PUBLIC HEARINGS - Municipal Code Amendment - MCA 99-01 - Clallam County Housing Authority - To OTHER: allow public housing authority offices and maintenance facilities in the RS-7, Residential Single Family, zone by conditional use permit Municipal Code Amendment Mayor Braun reviewed the information provided by the Planning Department. At Ordinance No.3013 Mayor Braun's request, Director Collins provided additiOnal input and clarification and responded to questions posed by the Council. Mayor Braun opened the public hearing at 7:07 p.m. Pamela Tietz, Executive Director of the Housing Authority, 1311 W. 9~ Street, spoke in support of the Code amendment. Ms. Tietz did ask the Council to consider removing the word "existing" from section 17.10.040 M. of the draft ordinance. It is important -3- 3933 CITY COUNCIL MEETING March 16, 1999 PUBLIC HEARINGS - to have on site services to the residents in public housing and it is the only way to make OTHER: the units successful. (Cont'd) Mayor Braun asked Attorney Knutson if there would be a problem with removing the Municipal Code word from the Ordinance. Attorney Knutson responded negatively, but asked Director Amendment Collins how the Planning Commission viewed the significance of that word. Director Ordinance No.3013 Collins felt the word was redundant and could prevent the Housing Authority from (Cont'd) putting office facilities in at new project sites. He felt it was consistent to eliminate the word. There was no further testimony and Mayor Braun closed the public hearing at 7:12 p.m. and read the Ordinance by rifle, entitled ORDINANCE NO. 3013 AN ORDINANCE of the City of Port Angeles amending the Port Angeles Zoning Code to allow public housing authority offices and maintenance facilities in the RS-7, Residential Single Family zone by conditional use permit and amending Ordinance 1709 as amended and Chapter 17.10 of the Port Angeles Municipal Code. Couneilmember MeKeown moved to adopt the Ordinance as read by title, citing Findings 1 - 4 and Conclusions 1 - 5, as set forth in Exhibit "A' which is attached to and becomes a part of these minutes, and deleting the word "existing" from the body of the Ordinance. Councilman Williams seconded the motion, which carried unanimously. Councilman Wiggins requested the Council be given a tour of the Lee Hotel, which will be conducted on March 25, 1999, at 3:00 p.m. Councilmember McKeown asked if a name has been chosen yet for this facility. Ms. Tietz stated a "Name the Lee Hotel" contest was conducted at the KONP Home Show; however, a name has not yet been chosen. LATE ITEMS TO BE Councilman Hulett asked if the Council should draft a letter to the Governor and PLACED ON THIS OR Representatives regarding reopening Highway 101 as soon as possible. Councilman FUTURE AGENDA: Doyle stated that, according to a news report this evening, helicopters are removing logs from the site and four days without rain will be necessary to really get the job done. Hopefully, one lane will be opened within the next few days. ADJOURN TO Mayor Braun adjourned the meeting to Executive Session at 7:20 p.m. to .discuss a EXECUTIVE SESSION: matter of labor negotiations for approximately one hour. RETURN TO The meeting returned to open session at 8:23 p.m. OPEN SESSION: FINANCE: Final Acceptance and Payment for Fire Station Canopy Final Acceptance and Mayor Braun reviewed the information provided by the Public Works Department. Payment for Fire Station Director Pittis noted that the amount in the original and final contracts is the same, and Canopy he indicated the contractor did a good job. Councilman Wiggins moved to accept the project and authorize final payment of $9,108.28 to Hanna Construction and authorize release of the total retainage of $1,359.28, upon receipt of clearances from the Departments of Revenue and Labor & Industries. Councilman Doyle seconded the motion, which carried unanimously. -4- 3934 ClrI~ COUNCIL ~G March 16, 1999 CONSENT AGENDA: Councilmember McKeown moved to accept the Consent Agenda, including: 1) City Council minutes - February 22 and March 2, 1999; 2) Check list - $857,489.12 - March 5, 1999; 3) Interlocal Purchasing Agreement with the PUD. Councilman Williams seconded the motion, which carried unanimously. CITY COUNCIL Councilman Wiggins attended the National League of Cities Conference which he felt COMMITTEE was worthwhile and well done. He again reminded the Council that the Forest Practices REPORTS: Board will hold a hearing the end of this month. It is an extremely important measure for this City and the surrounding area to maintain a flow of wood. The allowable National League of Cities harvest will be reduced on private land, and it is important for the City Council to speak Conference to this issue. City Vehicle Inspection Councilman Doyle, along with Councilman Hulett and Manager Ibarra and several department heads, performed a vehicle inspection of the equipment which has been targeted for replacement this year. Councilman Doyle also attended a Utility Advisory Committee meeting and the National League of Cities Conference. Councilman Doyle asked Manager Ibarra for an update on the madrona tree issue. Mactrona Tree Manager Ibarra reminded the Council the City had been asked to accept the donation of a madrona tree from Ms. Serr, an out-of-state property owner. After talking to Council members and the Real Estate Committee, the decision was made to decline acceptance of the tree. He explained to Ms. Serf that the Real Estate Committee was examining all City properties and wasn't in a position to accept more property, especially that which would require extensive maintenance. Councilman Doyle stated he also attended the National League of Cities Conference and had the opportunity to meet with aides of Patty Murray and Slade Gorton. Downtown Waterfront Councilman Williams attended the Science, Technology and Manufacturing Association Area Open House, where a plan for the downtown waterfront area was unveiled. Councilman Williams felt it would behoove the City to listen to the proposal some time in the future. Councilman Hulett attended the vehicle and equipment inspection. He noted that vehicle replacement is on tonight's agenda. Discussions with Councilman Campbell attended the National League of Cities Conference in Congressional Delegation Washington, D.C. He echoed the comments of Councilmembers Wiggins and Doyle re. Elwha Dams and felt it was helpful in getting a national perspective on current issues. Federal pre- emption of local authority was discussed in regards to taxation and land use. Councilman Campbell stated that in talking to Congressman Dicks he learned that the administration's current position was to not acquire the Elwha Dams, unless full funding for the removal of the lower dam was available. The Senator and Congressman would like to see this resolved by September 30, 1999. United Way Allocation Councilmember McKe0wn stated the United Way Allocation Committee is in need of Committee volunteers to join the committee, anyone interested, please contact her. Councilmember McKeown attended a meeting regarding the City's role in the salmon issues. All the cities were concerned about water rights and unfunded mandates. It was a very productive meeting. Councilman Doyle asked Councilmember McKeown for an update Downtown Forward on Downtown Forward. Councilmember McKeown stated she had met with Jim Haguewood, Vice Chair, to discuss strategies for the next few meetings. Discussions will be held with Manager Ibarra and staff as to how Downtown Forward can be a participant in the design of the Gateway Project. Mayor Braun attended a ribbon cutting for the Port's new building at Fairchild Eastern Boundary of Industrial Park. Mayor Braun noted a letter had been received from Norbert and UGA Michelle Juhasz asking for a review and change to the eastern boundary for the UGA. -5- 3935 CITY COUNCIL MEETING March 16, 1999 CITY COUNCIL Planning Director Collins stated this review and amendment will take place in June. At COMMITTEE Council's request, Director Collins will respond to the letter. REPORTS: (Cont'd) Mayor Braun noted that in the magazine section of the Sunday paper, Port Angeles was listed as number six of the ten best small cities. Changes to Nuisance Ordinances Not Requiring Public Hearings Ordinance Ordinance No. 3014 1. Revisions to Nuisance and Junk Vehicle Ordinance Mayor Braun reviewed the information provided by the City Attorney's office. Attorney Knutson reviewed the five changes made to the Ordinance and responded to questions posed by the Council. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3014 AN ORDINANCE of the City of Port Angeles, Washington, revising the nuisance and junk vehicle enforcement procedures and amending Ordinances 2469 and 2698, as amended, and Chapters 8.04 and 8.05 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion, which carried unanimously. Moving of Buildings 2. Revisions to Ordinance Regulating Moving of Buildings Ordinance No. 3015 Mayor Braun reviewed the information provided by the Public Works Department. Attorney Knutson explained the delay in returning this ordinance to the Council. The business that performs house moving in Port Angeles had a concern over the insurance requirement of the Ordinance. Referring t° page 58 of the packet, Attorney Knutson explained that requiring $2 million in coverage for all claims would cost the building mover an additional $4,000 in insurance premiums. In the past five years, there has been an average of one house moved per year. It is believed that $1 million is adequate coverage, and staffrecommends changing section 14.32.070 A. 3., the last sentence, to read "....in the amount of $1,000,000 per occurrence." Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3015 AN ORDINANCE of the City of Port Angeles, Washington, regulating the moving of buildings, repealing Ordinance 1766 as amended, and codifying this Ordinance as Chapter 14.32 of the Port Angeles Municipal Code. Councilman Williams moved to adopt the Ordinance as read by title, citing the change recommended by the City Attorney. Councilman Doyle seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. Resolutions Not Requiring Public Hearings: None -6- 3936 CITY COUNCIL MEETING March 16, 1999 Equipment Replacement Other Considerations 1. Recommendations on Equipment Replacement Mayor Braun reviewed the information provided by the Public Works Department. Director Pittis thanked the Council members that participated in the vehicle and equipment inspection. He reviewed the expenditure of funds for vehicle replacement, as well as the list of equipment to be replaced, what it would be replaced with, purchase method, and estimated prices. Discussion followed, and staff responded to questions and provided additional clarification. Councilman Hulett asked if three plows at $13,000 each was a necessity based on the amount of snowfall this year. He suggested one plow this year and one plow next year might make for better strategy. This would allow for the plow to be evaluated before two more are purchased. Councilman Doyle stated he has observed Rainbow Sweepers move a lot of snow with a hydraulic plow rather than a V-plow. Some parts of town receive more snow than others. The plows should last a long time, and he felt it was a good investment. Director Pittis explained why he felt the purchase of the three plows was cost efficient, as they are used on smaller vehicles. Manager Ibarra stated using a pick up track to plow would allow staff to address residential streets much faster while, at the same time, the larger macks could address the major thoroughfares, thereby allowing for more flexibility in dealing with snow and ice. Referring to Item K on page 69, Manager Ibarra asked that the ultimate disposition of this mack be deferred to a future meeting. Director Brodhun is preparing a report as to the possible use of this track by the Parks & Recreation Department rather than using it as a trade-in. Following further discussion, Councilman Doyle moved to concur with the purchase of the 14 pieces of equipment contained in the proposed list and the 1999 budget, but changing the plows listed from Myers 8' to the Boss "V' plow for the added amount as stated in the memo. Couneilmember MeKeown seconded the motion, which carried unanimously. Interlocal Agreement with 2. Extension of Jefferson County Landfill Interlocal Agreement Jefferson County Mayor Braun reviewed the information provided by the Public Works Department. Director Pittis reviewed the background information on the issue. Councilman Doyle noted that the Utility Advisory Committee did discuss raising the rates for the extension, but decided against it in the interest of cooperation. Councilman Campbell moved to amend the agreement with Jefferson County allowing them to transport solid waste to the Port Angeles Landfill until April 29, 1999. Councilman Williams seconded the motion, which carried unanimously. Draft Letter to 3. Draft Letter to Congressional Delegation re: Tax Free Bonds · Congressional Delegation Mayor Braun reviewed the information provided by the Public Works Department and asked Director Pittis for additional input and clarification, which he provided. Director Pittis stated this issue was discussed at length by the Utility Advisory Committee, and the letter will request the delegation to help protect the City's tax exempt status, especially as regards the electrical utility. Councilmember McKeown moved to approve sending a letter to the City's congressional delegation supporting H.R. 721 and S. 386 and opposing proposals to tax the revenues of state and local government. Councilman Campbell seconded the motion, which carried unanimously. -7- 3937 CITY COUNCIL MEETING March 16, 1999 PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: An invoice has been received from Delhur for the repairs it has effected. A price breakdown will be presented at the next Council meeting, but the cost was Status on Recent Storm approximately $99,000. Damage Employee Breakfast The next City Employee Breakfast will be held Friday, March 19, 1999, at 7:00 a.m. Temporary Administrative Phyllis Tapp has been hired as a temporary to provide administrative support during Assistant Sam's vacation. Manager Ibarra invited Council to stop in and meet her. · Letter from Robert Manager Ibarra noted he had distributed to Council a draft letter to Mr. Bronsink Bronsink regarding a land-use variance issue. He asked that any comments be directed to his office as soon as possible so a response can be sent out to Mr. Bronsink. Carnegie Library It is hoped that restoration of the Carnegie Library facade will begin next week. Retirement Tom Schiederdmayer is retiring from the Fire Department effective April 6, 1999, after 21 years of service. DNR ALEA Grant Scott Brodhun, Director of Parks & Recreation, stated a lot of community effort has gone into fund raising for the Valley Creek Estuary Project. However, the City has now been notified it will receive a $75,000 grant from the Dept. of Natural Resources Aquatic Land Enhancements Account program. The funds can be used as the City's match for this project. Penney's Building Mayor Braun asked for a brief update on the disposition of the old Penney's building. Director Pittis stated the project owner has changed contractors and is in the process of relicensing a worker for the project. Some piling has been uncovered that was rotten, so it will be a difficult and time-consuming project due to conditions. ADJOURNMENT: The meeting was adjourned at 9:34 p.m. ~ecky-J. UI~-~--C(~y Clerk r -- -- ~ary Br~m, Mayor -8- 3938 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 99-01 - PUBLIC HOUSING AUTHORITY OF CLALLAM COUNTY: Findings: Based on the information provided in the Planning Department StaffReport for SMA 99-01 dated February 24, 1999, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, the Housing Authority of Clallam County, submitted a Municipal Code Amendment application to the City on January 20, 1999. The associated public comment period ended on February 12, 1999, with no written comments received. 2. The application is to amend PAMC 17.10.040 as follows: "R. Public Housing Authority office and maintenance structures directly related to the maintenance and operation of Public Housing Authority housing and social service programs." 3. The Planning Department staff recommendation is to amend PAMC 17.10.040 as follows: "17.10. 040 Conditional Uses. A. Accessory residential units. B. Agricultural nurseries and greenhouses. C. Art galleries and museums. D. Assisted living facility. E. ChurchcsChiM day-care centers and pre-schools. to3qerChurches. btttt~ ~v.~y-t.~u ~ ~ntet a utv,~ l~l ~-at.nt~t~ta~.ommunlcatlons transmission buildings and structures; e.g., radio tower. H. Duplexes. L Group homes and hospices. J. Libraries. K. Nursing and convalescent homes. L. , u~,,,,. Fu, n~ u,,~, , ~,., ~,,,~,,, j,,,.,,,,,~Public and private schools. M~. Public Housing Authori~ qffices and maintenance structures located on existing Public Housing Authori~_ housing sites. _ · ,~,,,~ ,,,,,.v s~'uctures Publicparks andrecreationfacilities. _ , ut, m. ,,,, b',, v,,~ $c,ioo, s Public utiB~_ structures. OP. Radio and television stations, provided that antenna is on site. PQ.. Residential care facilities. OR. Other uses compatible with the intent of this Chapter." 3939 4. The intent of the proposed amendment is not to permit general office uses in the RS-7 zone. Conclusions: Based on the information provided in the Planning Department Staff'Report for SMA 99-01 dated February 24, 1999, including all information in the public record file, comments and testimony presented during the public heating, the Planning Commission discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. The following Comprehensive Plan Policies are most relevant to the proposed amendment: Land Use Element Policy C. 1., Growth Management Element Policy A. 1.d., Utilities and Public Services Element Policy B.3, and Housing Element Policies B.4. and B.6 2. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan including but not limited to Growth Management Element Policy A1 d, Utilities and Public Services Element Policy B3, Land Use Element Policy C1, and Housing Element Policies B4 and 6. 3. The amendment does not permit general office uses in the RS-7 zone. 4. The amendment promotes affordable housing in the community. 5. The amendment is in the public use and interest. Adopted by the Port Angeles City Council at its meeting of March 16, 1999. Becky J. U-p(tln, C~y Clerk/