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HomeMy WebLinkAboutMinutes 04/06/1999 3940 CITY COUNCIL MEETING Port Angeles, Washington April 6, 1999 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING: 5:00 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins,. and Williams. Members ,4 bsent: None. Staff Present: Manager Ibarra, Attorney Knutson, Deputy Clerk Hagar, B. Becker, B. Collins, K. Godbey, S. Ilk, J. Pittis, J. Hicks, S. Martin, D. Madison, B. Titus, and L. Haehnlen. Public Present: L. Lee. Interview Applicants for The City Council interviewed the following applicants to fill vacancies on the Planning Vacancies on City Boards Commission: Loran Olsen, Fred Norton, and Jason RObotkay. and Commissions ADJOURN SPECIAL The special meeting was adjourned at 5:47 p.m. MEETING: CALL TO ORDER - Mayor Braun called thc regular meeting of thc Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Olympic Stars Boys & Girls Camp Fire ALLEGIANCE: Group, Lisa Lyon and Linnie Didier, Leaders. Those participating included: M. Didier, D. Didier, K. Brown, B. Pedcrscn, N. Lyon, E. Lyon, and H. Mow¢. CEREMONIAL 1. Proclamation Recognizing ~4pril 1999 as Drug Free Washington Month MATTERS/ PROCLAMATIONS: Mayor Braun noted that he had been contacted by Stevens Middle School inviting him to participate in the Washington Drug Free Program it was sponsoring. Mayor Braun Drag Free Washington introduced Shoshana Patterson, Secretary, and Jennifer Melvin, Treasurer, Stevens Month Middle School Associated Student Body, who read aloud the proclamation recognizing April as Drug Free Washington Month. Mayor Braun presented the young ladies with the Proclamation and City pins and thanked them for participating in this evening's ceremony. International Building Proclamation Recognizing April 4 - 10, 1999, as "International Building Safety Week" Safety Week Mayor Braun read a proclamation recognizing April 4 - 10, 1999, as International Building Safety Week. Lou Haehnlen, Senior Building Inspector, distributed pencils to the Council observing "International Building Safety Week". -1- 3941 CITY COUNCIL MEETING April 6, 1999 WORK SESSION: Director Pittis infOrmed the Council that staff conducted a "windshield" inspection of properties in the City and discovered a number of structures in need of repair or Abatable Structures removal. He stated Deputy Director Titus and Building Inspector Haehnlen have prepared a power point presentation on this issue. Deputy Director Titus stated this issue was in follow-up to the nuisance ordinance which was recently amended. He stated that the buildings displayed in the packet are unsafe or attractive nuisances. An attractive nuisance potentially may be vacant and used for drug activity or loud parties. All of these structures are subject to complaints from neighbors, depress property values, and negatively impact economic development and business recruitment. Staff has inventoried structures to make a preliminary determination of the problem. One hundred ninety-seven structures have been identified as potentially abatable with 111 not repairable, 52 repairable, 12 attractive nuisances, and 22 non-compliant with current codes or zoning regulations. Deputy Director Titus displayed a map which demonstrated the potentially abatable structures and showed slides of some of the structures from the various categories. Deputy Director Titus then reviewed the various options the City could pursue in dealing with this issue. Those options include informal letters to owners informing them of the problem and encouraging them to work toward resolution; rely on citizen complaints, as the City does for other types of nuisances; or start the formal abatement process immediately. Mr. Titus stated all the options could lead to the formal abatement process, and he explained the process and how a structure would qualify for it. Mr. Titus stated that all the options would have some impact on the City. The informal letters would impact manpower and cost the least, as a number of owners will probably resolve the problem without further City involvement. Relying on citizen complaints to resolve the problem would have more of an impact as it could lead to the City having to remove the structure. The formal abatement process would have the heaviest impact; however, it would resolve the problem the fastest. Discussion followed, and staff responded to questions and provided additional information. Manager Ibarra stated the intent of this presentation was to provide the Council with background information on the seriousness of the situation. Staff recommends commencement of the abatement program on a voluntary compliance basis by sending informal letters to the property owners describing the abatable structure, listing options for resolution, and asking for cooperation. The letters would be followed up by having staffreinspect the structures to determine how much volunta~ compliance was received, report back to the Council in the fall, then proceed with formal abatement where necessary. Following further discussion, Manager Ibarra suggested that, if Council wished to segment the enforcement, categories one (not repairable) and three (attractive nuisances) should be the minimum to gain some voluntary compliance. Councilman Wiggins suggested notification be sent to all owners and then deal with noncompliance. Councilman Wiggins moved that staff send out voluntary compliance letters to the owners of all the structures identified in the survey and report back to the Council on progress made. Councilman Williams seconded the motion, which carried unanimously. Mayor Braun noted that Governor Locke also read a proclamation recognizing Building Safety Week. -2- 3942 CITY COUNCIL MEETING April 6, 1999 LATE ITEMS TO BE Councilman wiggins asked Director Pittis to address the impact of the salmon listings, PLACED ON THIS OR which will be done under Other Information. FUTURE AGENDA: FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: 1) City Council minutes - March 15 and March 16, 1999; 2) Extension of wholesale water agreement with Clallam County PUD; 3) Request by architect for increase in fees for library work. Councilman Campbell seconded the motion. Councilman Doyle noted an error on page 33 of the packet, second paragraph. The three plows cost a total of $13,000, not $13,000 each. Councilmember McKeown stated she would abstain from voting on the minutes of March 15, 1999, as she did not attend the meeting. All Council members voted in support of the motion, with the exception of Councilmember McKeown, who abstained. Because abstentions are counted as affirmative votes, the motion carried unanimously. CITY COUNCIL Councilman Doyle attended a Real Estate Committee meeting, which was followed by COMMITTEE a tour of the Lee Hotel. He was very impressed with the work being done and noted REPORTS: that 25 of the 27 employees were Port Angeles residents. Councilman Wiggins also attended the Lee Hotel tour and was pleased with the quality of the supervision. Councilman Campbell reported on WRIA, noting that a contract is being entered into with Triangle Associates for the public outreach planning process. The City and the Tribe are sharing the costs, with the City's share of $12,500 coming from the City's portion of the ESHB 2514 funds. He noted the Mayor will be asked to sign the contract with Triangle on behalf of the City. The first public forum to explain the process will be held on April 19, 1999, and the second is May 22, 1999. Councilmember McKeown reported that Men-itt - Pardini and Associates has been asked to make a presentation to Downtown Forward. This will take place at 9:00 a.m., Monday, April 26, 1999, in the City Hall Council Chambers. Council is invited to attend. Mayor Braun attended the School Superintendent's Multi-Ethnic Committee meeting, a Clallam Transit Annual Awards Dinner, and a dinner for the Japanese students who were preparing to return home to Mutsu City. Mayor Braun asked Manager Ibarra to speak briefly to his letter of response to Mr. & Mrs. Juhasz regarding amending the Urban Growth Area. This will be addressed under the Manager's Report. Electrical Code Ordinances Not Requiring Public Hearings Amendment Ordinance No. 3016 Municipal Code Amendment -Electrical Code Mayor Braun reviewed the information provided by the Public Works Department. Director Pittis provided additional information and explained why staff is seeking to make three changes to the electrical code. Discussion followed, and Director Pittis responded to questions and provided clarification. Mayor Braun read the Ordinance by title, entitled -3- 3943 CITY COUNCIL MEETING April 6, 1999 Electrical Code ORDINANCE NO. 3016 Amendment Ordinance No. 3016 AN ORDINANCE of the City of Port Angeles, Washington, (Cont'd) amending the electrical code ordinance to allow certain updated electrical devices to be installed and to delete the requirements for disconnect devices for generator connections and amending Ordinance 2552 as amended and Chapter 14.05 of the Port Angeles Municipal Code. Director Pittis noted there was someone present who wished to speak to the issue. Mayor Braun explained that this was not a public hearing, but he would allow comment. Sam Woods, 1236 Holland Rd., Sequim, spoke in opposition to the amendment. He has been in the electrical industry since 1976, most recently as an electrical inspector for the Department of Labor and Industries. He felt using MC cable was not the best idea for the Lee Hotel, and he explained his safety concerns on this issue. Kurt Honey, §20 W. 10~' Street, Port Angeles, spoke in support of the amendment. Mr. Honey stated he is employed by Trilogy Group as the Superintendent on the Lee Hotel project. He explained how the decision is made whether to use a raceway or MC cable, and .he did not feel there were any safety issues because of this change. Discussion followed, and Director Pittis assured the Council that the Lee Hotel will meet modem building and fire codes upon completion of the reconstruction. Councilman Campbell moved to adopt the Ordinance as read by title. Councilman Doyle seconded the motion. Councilmember McKeown stated she would be voting against this amendment, as she felt she needed more information to make an informed decision this evening. A vote was made on the motion, which carried by a majority vote, with Councilmember McKeown voting in opposition. Resolutions Not Requiring Public Hearings: None PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - Street Vacation Petition - Davis - STV 99-01 - vacating a portion of the "P" Street UNDER OTHER: right-of-way abutting Suburban Lot 84 between Milwaukee Drive and 16,~ Street Street Vacation - Davis Mayor Braun reviewed the information contained in the packet and asked Director Ordinance No.3017 Collins for additional input. Director Collins displayed a map of the area under discussion and demonstrated how this street vacation will lead to intersection alignments that meet City street standards. He explained that this will be a property exchange; therefore, there is no compensation for the vacated property. Mayor Braun opened the public hearing at 7:17 p.m. There was no public testimony; therefore, Mayor Braun closed the public hearing and read the Ordinance by title, entitled ORDINANCE NO. }017 AN ORDINANCE of the City of Port Angeles vacating a portion of the "P" Street right- of-way abutting Suburban Lot 84 between Milwaukee Drive and 16th Street, Port Angeles, Washington. -4- 3944 CITY COUNCILMEETING April 6, 1999 Street Vacation- Davis Councilman Wiggins moved to adopt the Ordinance as read by title, citing Ordinance No.3017 Findings 1 o 7 and Conclusions A - C, as set forth in Exhibit "A", which is attached (Cont'd) to and becomes a part of these minUtes. Councilmember McKeown seconded the motion, which carried unanimously. 8th Street Reconstruction Other Considerations 1. ~4pproval for Loan ~4pplications to Public Works Trust Fund for 8th Street Reconstruction and Covering Two Water Reservoirs Mayor Braun reviewed the information provided by the Public Works Department. Director Pittis distributed corrected copies of Page 2 of the memo, explaining how the error was made and reviewing the projects which will be aided by this loan. He informed the Council that, as part of the Jones Reservoir project, sidewalks will be placed along Boulevard, the fence will be removed, security placed in the ladder hatch of the reservoir, and power lines will be under grounded, all of which will improve the entrance to the Fine Arts Center. Director Pittis informed the Council that the City will be notified in August or September if it qualifies, and the awarded funds would be distributed early next year after legislative approval of the project list. Discussion followed, and staff responded to questions posed by the Council. Councilman Doyle moved to approve the submittal of loan applications for the reconstruction of 8th Street and covering of the Black Diamond and Peabody Heights reservoirs and authorize the Mayor to sign the Applicant Certification. Councilman Williams seconded the motion, which carried unanimously. Lease Agreement for 2. ,4mendment to Lease ~4greement for D.S.H.S. Parking D.S~H.S. Parking. Attorney Knutson stated there was a late item which is a proposed amendment to the lease agreement between the City and the developer of the D.S.H.S. building. Attorney Knutson stated that Deputy Director Titus was present to respond to questions regarding negotiation of terms of the amendment, as he has been involved with the developer and the Downtown Association, who have both approved the amendment. Attorney Knutson reviewed the memo which had been distributed prior to the meeting: Discussion ensued. Councilman Doyle asked if the businesses in the immediate area of the building have agreed to this change, as one of the business owners had approached the Council with concerns over parking availability. Deputy Director Titus stated that this amendment will increase the number of parking spaces to other tenants, improve ingress and egress to other parking spaces, and improve the safety of ingress and egress. Councilmember McKeown moved to authorize the Mayor to sign the amendment to the Parking Facility Lease Agreement with First Street Plaza L.L.C. Councilman Doyle seconded the motion, which carried unanimously. INFORMATION: Manager Ibarra reminded the Council that the local Science Technology & Manufacturing Association is hosting a luncheon with Congressman Dicks on Lunch Program with Thursday, April 8, 1999, at Noon in the Council Chambers. Congressman Dicks Search for Public Works Manager Ibarra updated the Council on the search for the Public Works & Utilities & Utility Director Director. There are five to six finalists, and interviews have been scheduled. A reception will be held on Friday, April 30, 1999. The top one or two candidates will be visited in their community by some members of staff. -5- 3945 CITY COUNCIL MEETING April 6, 1999 Employee Service The Employee S'ervice Anniversary Luncheon will be held on Monday, May 3, 1999, Anniversary Luncheon at 11:30 a.m. in the Veto Burton. The week of May 3rd is Public Service Recognition Week, and Manager Ibarra felt it appropriate to schedule the luncheon that week. Council is invited to participate. Y2K Conversion Steady progress is being made; the next meeting with department representatives is scheduled for April 7, 1999. Each department is preparing a contingency plan, and the briefing with City Council will most likely occur at the May 18 or June 1, 1999, work session. Background information will be provided prior to the meeting. Cable TV Government & Manager Ibarra deferred this item toa future meeting, so Clerk Upton can update the Education Channel Council on the changes forthcoming. Advisory Committee Repairs of 8t~ Street Director Pittis explained how the grinder from Washington State Deparlraent of Transportation (WSDOT) will allow for grinding of the potholes Prior to the use of a hot asphalt patch. It is hoped that this effort will allow for a patch which will last until the reconstruction project is completed. 5t~ and Tumwater Street Director Pittis stated a WSDOT representative was in Port Angeles on April 1. Data has Slide Repair been gathered, and it is hoped word will soon be forthcoming as to whether the City qualifies for disaster funds. If the Public Works Trust Fund loan is granted for 82 Street, it would be nice to use Fifth and Tumwater as an alternate route. Councilman Doyle asked if there is any plan for repairing this street should the City fail to obtain. FEMA funding. Director PitHs Stated the geologist who performed the evaluation gave staff some ideas for repairs should the funding not be approved; a contract can be brought to Council so that work can begin as soon as possible. Earth Day Director Pittis stated that, while the City has sponsored Earth Day at the landfill in the past, with construction and other landfill activities, it will not be practical to do this year. Councilman Doyle felt that the Earth Day should not be canceled, especially in light of the passing of a new nuisance ordinance. Discussion followed, and Council asked staffto look into changing the date for an Earth Day at the landfill. Staffwill look into changing the date and holding a free landfill day later in the year and report back to the Council. Juhasz Letter Manager Ibarra reminded the Council that Mr. & Mrs. Juhasz had asked the City to consider amending the eastern boundary of the urban growth area. The City has responded to that request, and Manager Ibarra deferred to Director Collins. Director Collins stated that staff worked with a representative of Mr. & Mrs. Juhasz and they have applied for a Comprehensive Plan amendment. This will come to the Planning Commission at its first meeting in May and then be presented to the Council at its first meeting in June. Salmon Listing Impacts Director PitHs stated the impacts are minimal to date; however, the City is starting to receive information from WSDOT, who is reevaluating its maintenance practices to align them with other examples received from the Oregon Dept. of Transportation prepared for its Habitat Conservation Plan. Many parts of this plan are appropriate and will work; therefore, the State is looking at how to avoid a taking issue by having improper maintenance practices. Also, a notice has been received from TransAid, which is the City's federal funding helper at WSDOT. With regard to federally funded projects, the City will be required to lake a step back and perform a biological assessment with regard to the Endangered -6- 3946 CITY COUNCIL MEETING April 6, 1999 Salmon Listing Impacts Species Act prior to any construction occurring. It does not appear there will be any (Cont'd) grandfather clauses allowed. Discussion followed, and Director Pittis responded to questions and offered additional clarification. Clallam County Manager Ibarra gave a brief history of the Opportunity Fund Program (OFP). He stated Opportunity Fund the packet contained the final draft of the Program which the participating agencies will review. Manager Ibarra and Tim Smith, Economic Director, have reviewed this document and proposed several changes. Manager Ibarra reviewed those changes and explained why he felt the changes were necessary. One area of concern was the composition of the Board. Discussion was held regarding this at the last meeting and, by consensus, the composition was changed from nine to eight. The Board composition will be as follows: Forks, Sequim, Port Angeles and the Port would have one representative each, one representative would be chosen by each of the County Commissioners, and one member would be a County Commissioner. Lengthy discussion followed. Councilman Campbell felt each representative needed an alternate or the program would not work. Also, he noted the Treasurer's Office had veto power over applications, which he questioned. He felt the Treasurer should be allowed to submit comments on the application as to whether it would be in the best interest of protecting the OFP, but veto powers would not be appropriate. Further, Councilman Campbell inquired as to the purpose of having penalties for not achieving predetermined deadlines. Construction projects are often delayed, and introducing financial penalties on the project would not be a reasonable approach to creating jobs. Manager Ibarra questioned placing a cap on the number of applications at four. This will be left as is for now, but will be revisited in the future. Further discussion ensued, and Manager Ibarra responded to questions and provided additional information and clarification. Conference Center Manager Ibarra reviewed the information provided in the packet. After discussion with Feasibility Study the Port and the Real Estate Committee, it was the recommendation that staff proceed with hiring a consulting finn to conduct a study on the feasibility of constructing a conference center. The cost of the study would be approximately $7,000. Discussion followed, and Manager Ibarra responded to questions. Staff will proceed with obtaining RFP's from consultants, preparing the study, and reporting back to Council. Greater Seattle Chamber Manager Ibarra reviewed the information provided and explained why membership in of Commerce the Chamber of Commerce would be beneficial to the City. He and Tim Smith will attend a membership orientation and form a relationship with business relocation staff. He felt this would be a very worthwhile endeavor. Personnel Justification - Manager Ibarra reviewed the information provided, stressed the importance of filling Firefighter the firefighter position, and explained that this was not a new position, but the replacement of a retired firefighter. Staff will proceed with hiring. Policy for Payment of Councilman Doyle noted the change and asked if it was wise to not set a dollar limit on Expenses at Certain City these expenses. Attomey Knutson explained that the amount would be open, but would Functions have to be consistent with what had been budgeted. Attorney Knutson explained that the service award luncheons cost more than $250 and this led to staff seeking this change. He then listed other events, such as Board and Commissions Appreciation, and retirement plaques, which would be covered by this Resolution. Discussion followed regarding setting a limitation. Manager Ibarra stated staff could list the cost of the various functions during the budget process and Council can approve the expense prior to the function being held. That amount can also be listed in the -7- 3947 CITY COUNCIL MEETING April 6, 1999 Expenses at Certain City resolution if this is what Council wishes. The resolution will be brought back to the Functions next meeting for Council action. (Cont'd) Carnegie Library Councilman Williams noted the progress being made on the facade restoration of the Carnegie Library. Break Mayor Braun recessed the meeting for a break at 8:30 p.m. The meeting reconvened at 8:40 p.m. ADJOURN TO The meeting adjourned to Executive Session at 8:40 p.m. to discuss matters of EXECUTIVE SESSION: personnel, litigation, and potential litigation for approximately one hour. RETURN TO OPEN The meeting returned to open session at 10:30 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 10:30 p.m. -8- 3948 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION - STV 99-01 - CITY/DAVIS: 1. The applicant for the requested vacation is City of Port Angeles/Mr. Davis, the application/petition is attached as Attachment A of the March 10, 1999, Planning Department Staff Report for STV 99-01. 2. The requested vacation is for the westerly 40' of"P" Street lying southerly of the south margin of Milwaukee Drive right-of-way and abutting the east property line of Suburban Lot 84 to the northerly margin of 16t~ Street right-of-way identified in Attachment A of the March 10, 1999, Planning Department Staff Report for STV 99- 01. 3. The vacating of a street is categorically exempt from threshold determination and Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt... (h) The vacation of streets or roads." 4. The Public Works Department is proposing this vacation, the vacated street area will be used as part of a land swap with the adjacent property owner, Mr. Davis, which will result in a reconfiguration of the 16th Street and Milwaukee Drive intersection to a 90° design. 5. The City's Comprehensive Plan Transportation Element Policy B 11 reads - "New arterial streets, local access streets, and alleys should be designed and constructed to conform to the Statewide National Functional Classification System for Federal Aid Systems, WSDOT, and Transportation Improvement Board minimum design standards and standards as adopted by the City." 6. Section 3B.120B of the City's Department of Public Works Urban Services Standards and Guidelines states: "Street intersections shall be laid out so as to intersect as nearly as possible at right angles... For safe design, the following types of intersection features should be avoided:... 2. "Y" type intersections where streets meet at acute angles (less than 75 degrees)." 7. The existing 16th Street and Milwaukee Drive rights-of-way intersect at a 50° angle. Conclusions: A. The Comprehensive Plan Transportation Policy B11 directly relates to the proposed vacation. B. Traffic patterns in the area will not be effected by this vacation. 3949 C. Reconfiguration of the intersection to a 90° design will enhance the public health, safety and welfare. Adopted by the Port Angeles City Council at its meeting of April 6, 1999. B-~cl~y-Ji l~to~,C~ity-~letrr~'-- --