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HomeMy WebLinkAboutMinutes 05/03/19942731 CITY COUNCIL MEETING Port Angeles, Washington May 3, 1994 CALL TO ORDER - Mayor Sargent called the speciaI meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:30 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, McKeown, and Ostrowski. Members Absent: Councilman Schueler. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Collins, L. Glenn, K. Godbey, S. Ilk, J. Pittis, B. Tiros, K. Ridout, J. Hicks, and B. Coons. Public Present: T. Harmon, D. Milligan, C. Brown, D. Cosser, S. Cosset, J. Paulson, M. Underwood, and G. Underwood. ADJOURN TO The meeting adjourned to Executive Session at 6:30 p.m. to discuss labor EXECUTIVE SESSION: negotiations and potential litigation for approximately one-half hour. RETURN TO OPEN The meeting returned to open session at 7:00 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council t° order REGULAR MEETING: at 7:10 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Sargent. ALLEGIANCE: APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: April 19, 1994. Councilman Braun seconded the motion, which carried unanimously. CEREMONIAL 1. Yard of the Month Award for May, 1994 MATTERS/ PROCLAMATIONS: The individual Yard of the Month Awards were presented to: Mr. and Mrs. Ben Flodstrom, 1120 South 'A' Street; Jim and Elizabeth Hargreaves, 310 West Third Yard of the Month Street; Harley and Dianne Hollatz, 212 Dolan Street; Bill and Linda Minor, 1018 South 'I' Street; Mr. and Mrs. W. W. Bokamper, 422 South Washington Street; and Geoffery and Susan Anderson, 301 South Liberty Street. The Neighborhood of the Month Award was presented to the residents of oakcrest Way, including: Tom Leslie and Joyce Brown; Tom and Ann Alwine; Don and Lois Bakker; Ray and Jan Morgan; Frank and Marie Paynter; George and Peggy Buck; and Lottie Brelsford. Transit Employee 2. Proclamation Recognizing May 18, 1994 as Transit Employee Appreciation Appreciation Day Day Mayor Sargent read a proclamation recognizing May 18, 1994, as Transit Employee Appreciation Day. CITY COUNCIL Councilman Braun attended the employee awards luncheon, and a Law and Justice COMMITTEE Committee meeting where they discussed how the funds would be spent. REPORTS: Councilman Braun also attended a Real Estate Committee meeting and toured the Emergency Operations Center located in the basement of the Clallam County Courthouse. He attended a Capital Facility Plan and Budget Advisory Committee meeting. Councilman Doyle attended a Real Estate Committee meeting, a Capital Facility Plan meeting, and a Fire Station Building Committee meeting. -1- 2732 May 3, 1994 CITY COUNCIL Councilmember McKeown attended the employee awards luncheon, the Golf COMMITTEE Seminar, and the Visitor's Trade Show at the Armory Square Mall. REPORTS: (Cont'd) Councilman Hulett attended the Visitor & Convention Bureau meeting: the visitor inquiry tally for the first three months increased from 422 in January to 1273 in March. The VCB voted unanimously to issue a letter of support to the Lower Elwha Tribe for the casino. He attended the Chamber of Commerce Board meeting at which time consideration was given to the Casino project; however, no action was taken. Councilman Hulett attended the Golf Course Development Committee meeting, where a Chairman was selected and project goals critical issues were identified. Councilman Ostrowski attended the Real Estate Committee meeting where consideration was given to the future Status of the old Senior Center. No decision was made; however, Councilman Ostrowski suggested that the Council may wish to pursue having this building and the library preserved as historical sites. Councilman Ostrowski reported that he and Mayor Sargent attended the Clallam County Historical Society Annual Dinner. Mayor Sargent attended a meeting for the Senior Center to choose furnishings, as wall as a meeting on the promotion of Port Angeles as a senior Community. She attended a National League of Cities workshop in Scottsdale, Arizona, as trustee of the AWC Employee Benefits Plan. Mayor Sargent attended an EDC Board meeting, at which time the EDC endorsed gaming in general in this area. Mayor Sargent then introduced Bart Phillips, the new Director of the Economic Development Council. Mr. Phillips, expressed his pleasure in serving the area as Director of the EDC. The job has already proven to be challenging; he will be contacting the Council members in the near future to obtain input on issues important to the community. Mayor Sargent reminded the Council of the annual meeting of the Port Angeles Education Foundation on May 12. FINANCE: I. Consideration of Bids for Water Utility Materials Water Utility Materials Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowski moved to award the bids for Schedules A, B and C to Pacific Water Works in the amount of $52,019.41 pins sales tax. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimonsly. Agreement with Port 2. Consideration of Interlocal Agreement with Port Townsend for Joint Townsend for Joint Purchase of Wastewater Treatment Disinfection Chemicals. Purchase of Wastewater Treatment Disinfection Mayor Sargent reviewed the information provided by the Public Works Department. Chemicals Councilman Hulett moved to authorize the Mayor to sign the agreement. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimonsly. Equipment Bids 3. Consideration of Bids for Equipment Mayor Sargent reviewed the information provided by the Public Works Department. After a brief discussion, Councilmember McKeown moved that bids for equipment replacement be awarded as follows: Police Department Scooter - Western Equipment Distributors, for the 1992 Cnshman Demo, $8,696.61, including tax and trade-in; Street Division Sweeper -Ingersoll Rand Equipment Sales, for the 1994 Johnson Model gV3000 SP Air Street Sweeper, $100,054.94, including tax and trade-in; and Park Deparh~ient Mower - Western Equipment Distributors, for the 1994 Toro Groundmaster 455I) Gang Mower, $29,419.00, including tax and trade-in. Councilman Ostrowski seconded the motion, which carried unanimonsly. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Voucher list for April 29, !994, of $473,590.36; (2) Payroll for April 24, 1994, of $347,939.51. Councilman Braun seconded the motion. Brief discussion was held concerning backhoe rentals, and Director Pittis indicated a report on this issue would be forthcoming. A vote was taken on the motion, which carried unanimously. -2- 2733 CITY COUNCIL MEETING May 3, 1994 1TEMS FROM THE City Manager Pomeranz requested that the 1995 application for the Public Works AUDIENCE/COUNCIL/ Trust Fund Loan be added to the agenda as a late item. Mayor Sargent indicated it STAFF TO BE would be Item E.5. CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings ZCA 94(04)01 - Frizzell - 1. ZONING CODE ~tMENDMENT- ZCA 94(04)01 - FRIT~F~LL, City-wide: Ordinance No. 2806 Proposals to amend the City's zoning regulations to allow the sale of marine supplies, and retail uses incidental to uses permitted as condition in the M-2, Heavy Industrial District. Mayor Sargent reviewed the information provided by the Planning Department. Director Collins distributed new copies of the ordinance reflecting a correction in the ordinance title, which Attorney Knutson explained had to do with the fact that the City is amending the original zoning code as well as a section in the PAMC. The substance of the ordinance is unchanged from that contained in the Council's packet. Mayor Sargent opened the public hearing at 7:45 p.m. Craig Miller, 230 East Fifth Street, representing the applicant, indicated that the applicant requested that the sale of marine supplies be an outright permitted use, not a conditional use. There are several types of permitted retail uses directly related to already existing permitted uses in this zone. Mr. Miller and his client felt the sale of marine supplies, since marinas and boat yards are permitted uses, should as a matter of consistency, be added as a permitted rather than conditioned use. Mr. Miller felt that the Planning Commission and Planning staff concluded that the entire zoning ordinance should be adjusted to reflect that all retail uses in a M-2 zone ought to be conditional uses. There is some concern over allowing retail uses in Industrial Zones, as they tend to decrease the amount of available industrial land and create situations wherein industrial users no longer want to locate in an industrial zone if there is going to be a retail use next to them. An incompatibility of uses can exist in such situations. However, Mr. Miller felt that, in this situation, the drafted~ ordinance allows certain things as permitted uses, particularly as they relate to existing permitted uses, and this is all his client is asking for. The sale of marine supplies is directly related to marinas, which is a permitted use; therefore, the sale of marine supplies should be a permitted use. Tamsan Harmon, 218 Whidby Avenue, was not opposed to the zoning code amendment in general; however, if the illegal signage of the current building remains, then she would object to the issuance of a conditional use permit. Ms. Harmon inquired if Mr. Frizzell would be required to go through the conditional use permitting process, and if public input would be permitted during that process, particularly regarding the signage. Planning Director Collins stated that staff is currently reviewing a complaint on the signage, and Ms. Harmon was advised by the Council that there would be a public hearing before the Planning Commission regarding the conditional use permit, with the decision appealable to the Council. There being no further testimony, Mayor Sargent closed the public heating at 7:55 p.m. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2806 AN ORDINANCE of the City of Port Angeles amending Ordinance 1709, as amended, and Section 17.34.040 of the Port Angeles Municipal Code by adding certain uses to the list of conditionally permitted uses in the M-2, Heavy Industrial Zoning District. Councilman HUlett moved to adopt the Ordinance as read by title. Counciimember McKeown seconded the motion. Discussion ensued after which, a vote was taken on the motion, which carried unanimously. Councilman Hulett moved to amend the motiOn to include citing Findings 1 - 6 and Conclusions A, B and C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimously. -3- 2734 May 3, 1994 LEGISLATION: 2. REZONE REQUEST- REZ 94(04)01 - ALBERTSON'S, between Laurel and (Cont'd) Lincoln Streets, south of Lauridsen Boulevard: Request to rezone property from RS-7, Residential Single-Family, to CSD, Community Shopping Rezone Request - District, (This: it~n should be continued to June 7, 1994.) Albertson' s Mayor Sargent reviewed the information provided by the Planning Department, which included a recommendation to continue the public hearing. She opened the public hearing at 8:05 p.m., after which time Councilman Braun moved to continue the public hearing to June 7, 1994. Councilman Hulett seconded the morion, which carried unanimously. Street Vacation Request - 3. STREET VACATION REQUEST- STV 94(04)01 - ALBERTSON'S, San Juan Albertson's Avenue: Request to vacate a portion of San Juan Avenue lying between Laurel and Lincoln Streets, south of Lauridsen BouleVard. (This item shouM be continued to June 7, 1994.) Mayor Sargent reviewed the information provided by the Planning Department, which included a recommendation to continue the public hearing. She opened the public hearing at 8:06 p.m., after which time Councilman Ostrowsld moved to continue the public hearing to June 7, 1994. Councilman Hulett seconded the motion, which carried unanimously. Revision of Medic I B. Ordinances Not Requiring a Public Hearing Delinquency Date - Ordinance No. 2807 1. Revising Delinquency Date for Medic I Billings Mayor Sargent reviewed the information provided by the Customer Service Division, and read the Ordinance by title, entitled ORDINANCE NO. 2807 AN ORDINANCE of the City of Port Angeles, Washington, revising the delinquency date for Medic I billings and amending Section 6 of Ordinance 2112 and Section 3.64.060 of the Port Angeles Municipal Code. Attorney Knutson requested that the words, "Now, Therefore", be deleted from the ordinance. Accordingly, Councilman Braun moved, to adopt the Ordinance as read by rifle, incorporating the change requested by the City Attorney. Councilman Ostrowsld seconded the motion, which carried unanimously. Superior Performance C. Resolutions Not Requiring Public Hearings Program - Resolurion No. 3-94 I. Superior Performance Program Mayor Sargent reviewed the information provided by the Human Resources Manager and read the Resolution by title, entitled RESOLUTION NO. 3-94 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Superior Perfornumce Program. Manager Pomeranz stated that each department was asked to develop criteria for the administration of the program, and Public Works Director Pittis spent a great deal of time developing these standards. Manager Pomeranz felt it would be beneficial to have Director Pittis provide a brief summary of his department's standards. Manager Pomeranz informed the Council that two of the bargaining units had not responded to the memo of inquiry regarding this program, and they will not be included until their consent or denial is received. One bargaining unit was not interested in participating in the program; therefore, they will not be included. Councilman Doyle moved to pass the Resolution as read by rifle. Councilman Braun seconded the motion. Discussion ensued, and the Council was in agreement that the program should be closely monitored. A vote was taken on the motion, which carried unanimously. -4- 2735 CITY COUNCIL MEETING May 3, 1994 LEGISLATION: D. Planning Commission Minutes/Action Items (Cont'd) 1. SHORELINE MANAGEMENT PERMIT- SMA 94(04)140 - CITY OF PORT Planning Commission ANGELES, Ediz Hook: Request for a shoreline management permit to Minutes/Action Items extend utility services including sewer and telecommunications, in the M-2, Heavy Industrial District. Shoreline Management Permit 94(04)140 Mayor Sargent reviewed the information provided by the Planning Department. Ms. Carol Brown, Environmental Coordinator for the S'Klallam Tribe, had previously asked to address the Council concerning this request for a Shoreline Management Permit. At this time, Attorney Knutson advised the Council that Shoreline Permits are advertised for public hearings before the Planning Commission. As a rule, the Council adopts the recommendation of the Planning Commission without a public hearing unless, after review of the minutes, the Council feels uncomfortable with the Planning Commission's recommendation. Then the Council could set its own public · heating. Because there has already been a public hearing, it would not be fair to people who attended that public hearing, to now allow further public comment in the absence of due notice. Mayor Sargent noted there was testimony from the Tribe at the Planning Commission's public hearing. Mayor Sargent advised the Council that it could concur with the recommendation of the Planning Commission or set a date for a public heating if the Council does not agree with the Findings and/or Conclusions. Planning Director Collins stated that the recommendation is consistent with the testimony given by the Tribal representatives at the Planning Commission meeting. Mayor Sargent read the Condition. After further brief discussion, Councilman Doyle moved to concur with the recommendation of the Planning Commission and approve Shoreline Management Permit SMA 94(04)140, subject to Condition A and citing Findings 1-6 and Conclusions A, B, and C, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimonsly. 2. Planning Commission Minutes of April 13, 1994 Councilman Braun moved to accept the Planning Commission minutes of April 13, 1994. Councilman Hulett seconded the motion. Director Collins indicated the public hearing on the Rone' annexation would be scheduled for June 7, 1994. A vote was taken on the motion, which carried unanimously. Break Mayor Sargent recessed the meeting for a break at 8:25 p.m. The meeting reconvened at 8:40 p.m. Taxi and For-hire Vehicle E. Other Considerations License 1. Request for Taxi and For-hire Vehicle License Mayor Sargent reviewed the information provided by the City Attorney, Chief of Police and City Clerk. Councilmember McKeown moved to approve the staff recommendation and accept Mr. Ellison's application and allow him to proceed at the State level in meeting necessary requirements in order to then obtain a City business license for three taxicabs and five for-hire vehicles; that the Council inform Mr. Cosser that his request for two additional vehicles is pending in view of the Ellison application being submitted first, and that he would not be entitled to add taxicabs unless the Ellison application is denied; and to direct staff to continue to investigate and review taxicab licensing ordinances from other municipalities and return to the Council with proposed amendments which would eliminate the number restriction on the amount of taxicabs to be operated, to include language in the proposed amendments which would increase City Council involvement in competing applications. Councilman Ostrowski seconded the motion. Councilman Ostrowski felt this to be a good solution to the problem presented. Councilman Doyle referenced the survey conducted and noted that sixteen of twenty cities have no numerical restriction on taxicabs at all. A vote was taken on the motion, which carried unanimously. -5- 2736 May 3, 1994 LEGISLATION: 2. Authorization Request of Public Works Director to Sign Agreement with (Cont'd) Washington Sate Department of Transportation for USIO1 Signal Maintenance Agreement with WSDOT Mayor Sargent reviewed the information provided by the Public Works Department. After a brief discussion, Councilman Doyle moved to authorize the Director of Public Works to execute the Signal Maintenance Agreement (GM-1281) and to execute amendments and other forms referenced in the agreement which are necessary for the administration of the agreement and which are consistent with the intent of the agreement, with the exception that termination of the agreement shall be only at the direction of the City Council. Councilman Hulett seconded the motion, which carried unanimously. School Concurrency 3. Set Public Hearing on School Concurrency in May at Special Meeting, May I0 or May 24, or at May 17 Regular Meeting The Council agreed to hold the public hearing at the regular meeting of May 17, 1994. Lappier Annexation 4. Lappier Annexation Roadway Dedication Issue Mayor Sargent reviewed the information provided by the Planning Department. Councilman Ostrowski moved to schedule a public hearing for June 7, 1994. Councilman Braun seconded the motion. Planning Director Collins informed the Council that DepUty Public Works Director Ridout would not be available for the June 7 meeting; he requested the date be changed to June 21, 1994. Councilman Ostrowski, as maker of the motion, and Councilman Braun, as seconder, agreed to change the public hearing to June 21, 1994. A vote was taken on the motion, which carried unanimously. Public Works Trust Fund 5. Public Works Trust Fund 1995 Loan Application Loan Application Mayor Sargent reviewed the information provided by the Public Works Department, and Public Works Director Pittis provided an explanation of the type of work to be accomplished through the loan program, that being to repair downtown sidewalks and reconstruct waterlines. Councilman Ostrowski moved to authorize the Mayor to sign the application certification with the Department of Community Development. Councilman Braun seconded the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 9:05 p.m. -6- 2737 Exhibit 'A" FILE: ZCA 94(04)01 APPLICANT: Don Frizzell Findings: 1. The zoning code amendment will modify Section 17.34.040 PAMC by adding "Sale of Marine Supplies" and by adding "Retail uses incidental to a use permitted under Section 17.34.020 when located on the same zoning lot as the permitted use." 2. The Comprehensive Plan has been reviewed with respect to the proposal. Goals Nos. 2 & 3; Commercial Policies Nos. 1-4; Industrial Development Policies Nos. 1-3 and 5-7; Economic Objective No. 1 and Land Use Objectives Nos. 1 & 2. 3. The purpose statement states the M-2 zone is the least restrictive industrial area intended to be in the area in which heavy industry could develop causing the least friction with other land uses. 4. A Determination of Non-Significance was issued for the proposal on March 9, 1994. 5. The M-2 zone district is located along the waterfront from Ediz Hook to the eastern City boundary and located along the southern city boundary, south of the airport. 6. There are retail uses explicitly permitted in the M-2 zone district, including truck, trailer and motorcycle sales; restaurants and cafeteria's and commercial uses which may be classified M-2 because of possible obnoxious odors, noises, smoke, or unsightliness. Conclusions: A. As recommended, the Zoning Code Amendment is in the public use and interest. B. As recommended, the Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 2. C. As recommended, the Zoning Code Amendments are consistent with the intent of Chapter 17.34 of the Port Angeles Municipal Code. Adopted by the Port Angeles City Council at its meeting of May 3, 1994. Sargent, M~j_~r ATTEST: c tec J. UI ofi, City Clerk 2738 Exhibit ~B FILE NO. SMA 94(04)140 APPLICANT: City of Port Angeles, Public Works Conditions: A. The applicant shall retain a qualified archaeologist to monitor the excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. Findings: 1. The approval is for installation of a sewer line along the waterfront trail on Ediz Hook, extending from the BP Oil tanks to the Coast Guard base. 2. The project involves placing the sewer line in a trench, roughly two feet wide and 4.5 feet deep. 3. The base of Ediz Hook was previously occupied by a S'Klallam Village. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been considered in review of this application. 5. The shoreline classification for this site is "Urban". The Comprehensive Plan and Zoning Ordinance identify the site as heavy industrial. 6. Them are urban uses on Ediz Hook, but none are served by a sanitary sewer. Conclusions: A. As conditioned, the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulation C.3; Land Use Element D.7; Natural Systems E.2; Use Activities F.7. and F. 18. B. The proposal is consistent with thc Port Angeles Comprehensive Plan, specifically Goal No. 3, Industrial Policy No. 2, Community Facilities and Services Policy No. 2, and Economic Objective No. 2. C. As conditioned, the proposal will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of May 3, 1994. K. Sargent, M~J)r