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HomeMy WebLinkAboutMinutes 04/20/2004 5247 CITY COUNCIL MEETING Port Angeles, Washington April 20, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. StaffPresenr' Acting Manager Riepe, Attorney Dickson, Clerk Upton, B. Collins, M. Connelly, D. McKeen, Y. Ziornkowski, T. Smith, N. Riggins, S. McLain, and S. Roberds. Public Present: R. Peterson, P. Lamoureux, J. Childers, T. Ahlgren, C. Kidd, J. Seniuk, B. Philpott, and F. DeFrang. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Economic Development Director ALLEGIANCE: Smith. PUBLIC CEREMONIES, Proclamation for Public Works Week: PRESENTATIONS AND PROCLAMATIONS: Mayor Headrick read the proclamation declaring May 16 - 22, 2004, as National Public Works Week. The proclamation was accepted by Deputy Director of Power Systems Proclamation for Public McLain. Councilmember Williams added that, starting May 17th, there is a meeting of Works Week the Northwest Public Power Association in Victoria. He felt a welcome banner would be in order. WORK SESSION: None. LATE ITEMS TO BE Councilmember Braun asked for a discussion concerning dogs; the matter was added PLACED ON THIS OR to the agenda under Other Considerations. FUTURE AGENDAS: Paul Lamoureux, 602 Whidby, addressed the Council regarding notification to the media on upcoming Council agenda items and optimizing investment retums on reserve funds. He asked for reports on the Indonesia trip, as well as the roof drain disconnect program. FINANCE: Updated Agreement between the City and Nine Public Safety Agencies for PenCom Dispatch and Computer Records Services: Agreement for PenCom Dispatch and Computer Communications Manager Riggins summarized the proposed agreement with nine Records Services public safety agencies for PenCom dispatch and computer records services. Ms. Riggins delineated changes made to the updated agreement, one of which is the elimination of separate contracts and the inclusion of all agencies in the one agreement. The agreement will continue from year to year, unless a change is agreed to by all agencies. Additions and clarifications were incorporated relative to voting, quorums, and special committees. In addition, the funding formula was incorporated as an -1- 5248 CITY COUNCIL MEETING April 20, 2004 FINANCE: exhibit to the agreement, so that future changes can be agreed upon without changing the entire agreement. Ms. Riggins felt the agreement, drafted by an advisory board, is Agreement for PenCom quite beneficial to the City, and Acting Manager Riepe added that it is a tremendous Dispatch and Computer example of local government cooperation in the interest of saving taxpayer money. Records Services (Cont'd) Discussion followed, with Ms. Riggins and Acting Manager Riepe addressing questions raised concerning emergency power, comparative costs incurred by the City, and Opscan involvement on the Peninsula. Couneilmember Braun moved to authorize the Mayor to sign the agreement. The motion was seconded by Couneilmember Rogers and carried 6 - 0, with Councilmember Eriekson abstaining due to the fact she had signed the agreement as Legal Counsel for the County. CONSENT AGENDA: Couneilmember Pittis moved to accept the Consent Agenda, to include: 1.) City Council Minutes of April 6, 2004 regular meeting and 2.) Expenditure Approval List - April 9, 2004 - $475,007.74. The motion was seconded by Couneilmember Erickson and carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: ORDINANCES NOT 1. Ordinance Revision re. Port Angeles Fine Arts Center Use Regulations REQUIRING PUBLIC Permitting Use Regulations Permitting Use of Alcohol at Selected Events: HEARINGS: Parks Director Connelly presented information relative to a proposed ordinance that Ordinance re. Port Angeles would permit the sale or use of liquor at events held at the Port Angeles Fine Arts Fine Arts Center Use Center. The profile of the Fine Arts Center has been raised such that more requests are Regulations Permitting Use being submitted for various events at the Center, often times with the service of of Alcohol at Selected alcoholic beverages. The Fine Arts Center has been looking for methods to stabilize Events its financial situation and sustain operations, so the revenues generated from these Ordinance No. 3158 events would prove to be helpful. Councilmember Erickson moved to adopt the Ordinance, the title of which is as follows: ORDINANCE NO. 3158 AN ORDINANCE of the City of Port Angeles, Washington, revising the regulations regarding the sale or use of liquor during events for the Port Angeles Fine Arts Center, to be consistent with the Vern Burton Center and the Senior Services Community Center, and amending Ordinance 2632 as amended and Chapter 12.16 of the Port Angeles Municipal Code. Councilmember Rogers seconded the motion, which carried unanimously. Ordinance re. Port Angeles 2. Ordinance Amendment re. Fine Arts Center Use Fees: Fine Arts Center Use Fees Ordinance No. 3159 Director Connelly presented an ordinance for the purpose of establishing fees in association withthe ordinance just adopted for the use of the Fine Arts Center. He had previously distributed copies of a corrected ordinance specific to garbage collection fees. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3159 AN ORDINANCE of the City of Port Angeles, Washington, establishing use fees for the Port Angeles Fine Arts Center, and amending Ordinance 3130 as amended and Chapter 3.70 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Pittis and carried unanimously. -2- CITY COUNCIL MEETING 5249 April 20, 2004 RESOLUTIONS: Resolution in Support of Kalakala Alliance Foundation: Resolution in Support of Economic Development Director Smith introduced the matter of a request submitted Kalakala Alliance at the last City Council meeting by the Kalakala Alliance Foundation, the Port Angeles Foundation Business Association (PABA), and several individuals for the City's support for the Resolution No. 7-04 restoration and redevelopment of the M. V. Kalakala. The issue was referred to the Community and Economic Development Committee for consideration, and staff was directed to develop a supportive resolution. Mr. Smith discussed the history of the Kalakala issue since the time he first met Mr. Rodrigues in December, 2003, and he provided clarification that some of the planning on the Kalakala renovation has been fine tuned, yet he still had questions remaining as to how this project would be financed and how it might prove to be successful. However, Mr. Smith emphasized that some doubts should not necessarily result in a yes or no statement as relates to a private business venture. Mr. Smith advised the Council that the proposed Resolution contained certain conditions of support that recognize the matter is evolving, and he felt there should be a way to support emerging businesses without any guarantee of their success. He indicated there have been reports that the City's endorsement would be necessary in order for Mr. Rodrigues to be eligible for certain grants and loam, which is not the case. He explained Mr. Rodrigues' specific funding targets, noting the City's sponsorship is not required in order for Mr. Rodrigues to access these particular government-sponsored funding programs: Washington State Linked Deposit Loan Program, Rural Washington Loan Fund, and the USDA Business and Industry Guaranteed Loan Program. Mr. Smith had incorporated some changes in the draft Resolution, copies ofwhichhad been distributed earlier to the Councilmembers. He then summarized theResolution in detail, indicating there would be no public financial responsibility or indebtedness or any City of Port Angeles tax dollars required to help finance, secure, or sustain the Kalakala project. Further, the Resolution of support should not be considered to be an endorsement by the City for the public solicitation of donations or investments in the Alliance for the Kalakala project. Discussion followed, and Councilmember Braun raised questions concerning ongoing costs to retain the appearance of the Kalakala; long-termplanning for the responsibility of the Kalakala; and associated costs in terms of electricity, water, and sewer. Councilmember Braun indicated that many residents are feeling the City would, at some point, be asked to fund the Kalakala. Councilmember Erickson voiced her support for Mr. Rodrigues' efforts; however, she felt that passage of such a Resolution would be premature. She was concerned there would be implied approval for permits, as well as implied approval of development plans. Councilmember Munro inquired as to what could potentially go wrong in terms of financial impacts to the City, and Director Smith, after having discussed the matter with the City's attorneys, responded the Resolution was his best attempt to have sealed off any such access for liability. Attorney Dickson informed the Council that a Resolution of this nature has no legally binding obligations on the part of the City. Director Smith added that this does not constitute an invitation to bring the Kalakala to Port Angeles in its present condition. Councilmember Munro then asked to what extent the Kalakala had been cleaned up from an environmental perspective. Cherie Kidd, 101 E. l0th, responded to Councilmember Munro in that it was her understanding that the previous owner had removed asbestos and oil. Councilmember Rogers supported that understanding, as it was also her belief that the previous owner had spent funds for such a clean-up. Further, Councilmember Rogers pointed out that these discussions have drawn a great deal of media exposure to Port Angeles. Bill Zynda approached the podium, reinforcing the fact that prior clean-up of the -3- 5250 CITY COUNCIL MEETING April 20, 2004 RESOLUTIONS: Kalakala had occurred in terms of asbestos, oil, and lead-based paint. He asked for (Cont'd) Council support in keeping the spirit alive by the passage of the proposed Resolution. Resolution in Support of Peter Ripley, 114 E. 6th, spoke in support of bringing the Kalakala to Port Angeles in Kalakala Alliance the interest of creating tourism and additional jobs. Foundation Resolution No. 7-04 Councilmember Williams felt the project would succeed or fail based on its own merit. (Cont'd) Councilmember Williams moved to pass the Resolution as presented, the title of which is as follows: RESOLUTION NO. 7-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, expressing support for the efforts of the Kalakala Alliance Foundation to restore the Kalakala and locate it in Port Angeles. The motion was seconded by Councilmember Munro. Mayor Headrick felt it important to not get in the way of dreams, as it was important for the City to support ambitious thinking in the interest of economic development. A vote was taken on the motion, which carried 5 - 2, with Couneilmembers Braun and Eriekson voting in opposition. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - 1. DeFrang STV 03-05: Wolcott Street between 4th Street and 4/5 Alley: OTHER: Mayor Headrick opened the public hearing at 7:00 p.m., and Community Development DeFrang Street Vacation - Director Collins summarized the request for the vacation of a portion of the Wolcott Wolcott Street between 4th Street right-of-way situated between East Fourth Street and the Fourth/Fi~ Alley. He Street and 4/5 Alley noted that a sewer line is located in the right-of-way, so the City would retain a utility Ordinance No. 3160 easement. Assistant Planner Roberds, aided by overhead slides, showed the area under consideration. There being no public testimony, the public hearing was closed at 7:05 p.m. Mayor Headrick read the legal description of the subject property, after which Councilmember Erickson moved to adopt the Ordinance, citing Conditions 1 - 2, Findings 1 - 12, and Conclusions A - D, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. The title of the Ordinance is as follows: ORDINANCE NO. 3160 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Wolcott Street in Port Angeles, Clallam County, Washington. The motion was seconded by Councilmember Pittis and carried unanimously. Parking Ordinance - Port 2. Parking Ordinance: Port Angeles Municipal Code (PAMC) Chapter 14.40 Angeles Municipal Code Revisions: Chapter 14.40 Revisions Ordinance No. 3161 Mayor Headrick opened the public hearing at 7:06 p.m., and Director Collins reviewed the history of the comprehensive review of the Parking Ordinance through a Citizen Code Advisory Committee and the Planning Commission. The City Council then referred the matter to the Community& Economic Development Committee for further review. Issues that arose between the Planning Commission, the Port Angeles Downtown Association, and the CED Committee have been resolved, and the -4- CITY COUNCIL MEETING 5251 April 20, 2004 Parking Ordinance - Port recommendation forwarded to the Council is for approval. Angeles Municipal Code Chapter 14.40 Revisions Director Collins directed attention to Section 14.40.030 C., suggesting that the Ordinance No. 3161 language, "If Subsection A of this Section...' should be changed to read, "If Table A (Cont'd) of Subsection A ...". Similarly, Section D should be changed from"...then the parking requirements of Subsection A ..." to," ...then the parking requirements of Table A of Subsection A ..." Discussion ensued, and Councilmember Erickson questioned language in Section 14.40.170 C., suggesting that the reference to public meeting would be more accurate if termed a public hearing. Director Collins explained that the appeal process was not intended to be subject to public input via a public heating but, rather, it was subject to the appellant's input in a public meeting format. However, Attorney Dickson agreed that a public hearing wouldbe more appropriate. Councilmember Erickson questioned how the Ordinance would be enforced, and Attorney Dickson responded there was an appropriate clause for addressing enforcement. Councilmember Pittis explained his understanding of the Ordinance in that flexibility is to be incorporated on a case-by-case basis. Councilmember Rogers explained the deliberations of the committee, noting the attempt to address the matter of change of use of properties, and she felt an acceptable compromise had been reached. Mayor Headrick noted that alternate means for parking would be forwarded to the Planning Commission. Councilmember Erickson felt the committee did an excellent job, and that the changes should be accepted and tried. If certain aspects don't work, then changes can be made in the future. Terry Roth, 115 E. Railroad, addressed the Council as Chairman of the PADA Parking Committee. He informed the Council that the most recent draft had been reviewed by the PADA Board, and it was felt that all of the organization's concerns had been addressed. The Port Angeles Downtown Association was, therefore, supporting the positive changes in the Ordinance. There being no further testimony, Mayor Headrick closed the public hearing at 7:15 p.m. Councilmember Williams moved to adopttl~e Ordinance as presented, the title of which is as follows: ORDINANCE NO. 3161 AN ORDINANCE of the City of Port Angeles, Washington, modifying the requirements of the City's off-street parking ordinance by encouraging lower impact development with less impervious surfaces and alternative transportation strategies, while encouraging businesses to determine and meet their own parking requirements and amending Ordinance 1588 as amended and Chapter 14.40 of the Port Angeles Municipal Code. The motion was seconded by Councilmember Rogers and carried unanimously. Councilmembers Rogers and Braun thanked the Council and staff for their assistance throughout this effort, and Mayor Headtick also expressed appreciation to the Port Angeles Downtown Association. OTttER Dogs: CONSIDERATIONS: Councilmember Braun shared information relative to a recent situation where a resident Dogs had been bitten by a dog, and he asked Acting Manager Riepe to inform the Council of upcoming changes to animal regulations. Acting Manager Riepe indicated that a draft animal ordinance will be forwarded in the near future to the Public Safety -5- 5252 CITY COUNCIL MEETING April 20, 2004 OTHER Committee, as the proposed changes have been thoroughly reviewed by the members CONSIDERATIONS: of the Law Enforcement Advisory Board, as well as members of the veterinarian (Cont'd) profession. He added that budget considerations forced the City to cease funding the Animal Control Officer position; however, the Police Officers are responding to calls Dogs (Cont'd) of this nature. He explained that such an incident could result in charges of a gross misdemeanor with jail time and a $5,000 fine. The Police Department is actively investigating the incident in an attempt to locate the owner of the dog. Acting Manager Riepe added that Attorney Dickson takes these matters quite seriously in terms of prosecution. Attorney Dickson informed the Council that, in spite of the consideration of new regulations, the City's current regulations are written such that there are remedies now to protect andpromote public safety. The dangerous animal component of the regulations allows the City to take action against the owners. INFORMATION: Acting Manager Riepe informed the Council that he had distributed copies of information relative to 1-864, the initiative that proposes a reduction in property taxes by 25%. Finance Director Ziomkowski referenced the recent Financial Report submitted wherein the overall economy of the Citywas positive. However, should 1- 864 be passed by the voters, there would be a potential reduction of $850,000 in revenue to the City. The Association of Washington Cities has asked cities and counties to prepare information for the public. She indicated the initiative would be discussed further at the next Finance Committee meeting. In response to an inquiry from Councilmember Williams, Fire ChiefMcKeen explained that the current roof replacement project at the Fire Hall is going well; it is expected that the project will be completed by mid-June. EXECUTIVE SESSION: None. ADJOURNMENT: ,~The meeting was adjourned at 7:28 p.m. r"~I--~r')'/~'-~H e a dric k, Mayor Richard A. t~ec~cy J. Upto~City~ er t -6- Exhibit "A" 5253 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF VACATION OF RIGHT-OF-WAY - DeFRANG - STV 03-05: Conditions: 1. A sensitive area tract, as prescribed in Chapter 15.20 PAMC, shall be established for any portion of the subject lot that is located within the ravine and/or its buffer. 2. A 20' easement shall be retained over the existing sewer line. Construction within the easement shall not occur except roof eaves may be allowed within 5' of the actual sewer line. Findings: 1. A valid petition requesting the vacation of that portion of unused right-of-way known as Wolcott Street located south of East Fourth Street between East Fourth Street and the 4/5 Alley was submitted to the City of Port Angeles on December 22, 2003, by Mr. and Mrs. Fred DeFrang. The property is described as abutting Lot 9, Block 183, and Lot 1, Block 182, Townsite of Port Angeles, which are owned by the petitioners. 2. The site is zoned RS-7, Residential Single Family and is adjacent to property zoned PBP, Public Buildings and Parks, due to the location of White's Creek Ravine. 3. The subject right-of-way is undeveloped but does contain a sewer line situated in approximately the center of the right-of-way extending the entire length of the property. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. The site is designated LDR, Low Density Residential, on the City's Comprehensive Plan Land Use Map with the adjacent property being designted Open Space (OS). Growth Management Element Goal A and Policies 1, la, and 16; Land Use Map Goal, Policies, and Objective Goal A and Policy 2, Policy B.2; Conservation Element Goal A and Policy A. 1 and A.2, Goal B, and Policies B.1, B.2, B.4, and B.8; Residential Goals and Policies Goal B and Policy 4; and Open Space Goals, Policies, and Objectives Goal I, Policy 2 were found to be relevant to the petition request. 5. The City Council's Real Estate Committee met on February 16, 2004, to establish a value for the unopened right-of-way. The subject right-of-way is 9,800 square feet in area of which 4,000 is partially buildable based on topographic and sewer line easement constraints which diminishes the buildable area to approximately 2600 square feet. That area of the site that is unbuild able was valued at $.20/square foot with the build able area being valued at $2.66/square foot. 6. A geotechnical review was conducted on the site by Zenovic and Associates in 2003. A substantial ecology block wall must be constructed to support minimal development on the site. An environmentally sensitive areas review will be required prior to any work in the area of the environmentally sensitive area buffer (that area at the top of the White's Creek Ravine) that is contained on the site. 5254 STV 03-05 DeFrang Findings and Conclusions Page 2 6. A geotechnical review was conducted on the site by Zenovic and Associates in 2003. A substantial ecology block wall must be constructed to support minimal development on the site. An environmentally sensitive areas review will be required prior to any work in the area of the environmentally sensitive area buffer (that area at the top of the White's Creek Ravine) that is contained on the site. 7. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 8. City departments reviewed the petition and had no concerns regarding the right- of-way vacation with a condition that a sewer line easement be retained. Those comments were included in the conditions recommended for approval of the vacation. 9. The site was posted and required publication appeared in the Peninsula Daily News on March 5, 2004. 10. The Port Angeles Planning Commission held a public heating on the proposed street vacation on March 24, 2004. 11. This action constitutes a recommendation to the City Council. 12. The City Council set a hearing date by resolution establishing a public heating date for consideration of the petition request for April 20, 2004. Conclusions: A. Traffic patterns on surrounding streets and utility services will not be negatively impacted by the vacation. B. Low density residential development patterns in the area will not be affected by the proposed vacation. Development of the lot which contains an environmentally sensitive area is minimized by the site's topography and the encumbrance of a sewer line easement that traverses the site from south to north. The right-of-way will be incorporated with the residential building lot to the east which will enlarge that residential building area as the site cannot be developed as a stand alone residential lot due to the topography and sewer line easement. C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan, specifically Comprehensive Plan Growth Management Element Goal A and Policies 1, 1 .a, and 16; Land Use Map Goal, Policies, and Objective Goal A and Policy 2, and Goal B, Policies B.1, B.2, B.4, and B.8; 5255 STV 03-05 DeFrang Findings and Conclusions Page 3 Residential Goals and Policies Goal B and Policy 4; and Open Space Goals, Policies, and Objectives Goal I, Policy 2 D. As conditioned, vacation of the property will ensure that site development observes the City's regulations as they relate to the development of properties that are considered steep slopes, are environmentally sensitive, or are needed for public use while placing the right-of-way on the City's tax roles and is therefore in the public interest. y the Port Angeles City Council at ils meeting of April 20, 2004. Richard Headrick, Mayor Beck~ ]-. 'Ul~nl C~{j Clerk I- --