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HomeMy WebLinkAboutMinutes 05/05/1998 37O0 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington May 5, 1998 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at 9:05 SPECIAL MEETING: a.m. ROLL CALL: Members Present: Mayor Braun, 'Councilmembers Campell, Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. ADJouRN TO The meeting adjourned to Executive Session at 9:05 a.m. to discuss a personnel matter for EXECUTIVE SESSION: approximately 3 hours. RETURN TO OPEN The meeting returned to open session at 11:35 a.m. SESSION: ADJOURNMENT: The meeting was adjourned at 11:35 a.m. ~'~0 0 ~~ d.~/k.~_ Gary~ra~,O-~ayo~.4~ -1- 3701 THIS PAGE INTENTIONALLY LEFT BLANK 3702 CITY COUNCIL MEETING Port Angeles, Washington May 5, 1998 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at 5:30 REGULAR MEETING: p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers 'Campbell, Doyle, Hulett, McKeown [arrived at 6:40 p.m.], Wiggins, and Williams [arrived at 5:40 p.m.]. Members Absent: None. Staff Present: Interim Manager Pittis, Attorney Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, K. Godbey, S. Ilk, Y. Ziomkowski, G. Kenworthy, B. Titus, T. Smith, and K. Ridout. Public Present: L. Lee and K. Sweeney. PLEI)GE OF The Pledge of Allegiance to the Flag was led by Peter Ripley. ALLEGIANCE: CEREMONIAL A. Proclamation Recognizing National Tourism Week MATTERS/ PROCLAMATIONS Mayor Braun read a proclamation recogni×ing May 3 - 9, 1998, as National Tourism Week. The proclamation was accepted by Laurel Black, President of the North Olympic National Tourism Week Visitor & Convention Bureau, who thanked the Council for being supportive and for publicly recognizing the importance of tourism. National Scholarship Month B. Proclamation Recognizing National SCholarship Month Mayor Braun mad a proclamation recognizing the Month of May as National Scholarship Month. Jessica S~hreiber, accompanied by students Kyle Tallmadge and Kathryn Crowson, accepted the proclamation on behalf of the Port Angeles Education Foundation. Councilman Wiggins reported that the Ixxtging Tax Advisory Committee met earlier today. Consensus was reached to accept the proposal fi.om the Visitors and Convention Bureau and Chamber of Commerce; an agreement will be entered into in about two weeks. Councilman Wiggins stated the committee appreciated the. effort made by this group, and the project will proceed on a positive note. Councilman Campbell felt this was a real break through in a cooperative effort to begin integrating tourist promotion in the City and County. WORK SESSION: A. Update on Financial Planning and Capital Projects Update on Financial Finance Director Godbey gave a presentation on the five-year forecast. She reminded the Planning and Capital Council that a five-year forecast was presented one year ago in an attempt to balance the Projects 1997 budget. She stated that 1997 was better than anticipated, and the five-year forecast -1- 3703 CITY COUNCIL MEETING May 5, 1998 WORK SESSION: has been updated to take new information into account. (Cont'd) Director Godbey explained how revenue assumptions are made. These assumptions Update on Financial include revenue estimates based on actual historical activity, sales tax, property taxes Planning and Capital forecast at $3.10 per 1,000, and an infusion of $230,000 in property taxes in the year, Projects (Cont'd) 2000, due to retirement of the City Hall bonds. The forecast expenditure assumptions are based on an estimated 3% cost of living increase for the years, 1999 - 2002, no increase in line items, and no increased staffing levels. Director Godbey forecast a balanced budget over the next two years. There will be enhancements or further budget cuts to balance the year, 2002, and beyond. The City must not rely on reserves to balance future budgets. Director Godbey stated the reserves are projected at $3.2 million and can be used for capital outlay and/or projects. A portion can be designated for capital improvements. She then described the 1998-1999 capital projects, which included 8th Street reconstruction and the Carnegie Library restoration. Director Godbey explained the next step would be to designate a portion of the fund balance for capital improvements projects, to identify and prioritize projects, to explore funding options, and to commit resources and make the goals a reality. Director ~ and Interim Manager Pittis responded to questions posed by the Council and provided further clarification regarding capital projects and reserves. APPROVAL OF Councilman Wiggins moved to approve the minutes of the regular meeting of April MINUTES: 21, 1998. Councilman Hulett seconded the motion, which carried unanimously. Councilman Hulett moved to approve the minutes of the special meeting of April 28, 1998. Councilman Doyle seconded the motion, which carried by a majority vote, with Mayor Braun and Councilmembers Campbell and Wiggins abstaining due to absence from that meeting. ITEMS FROM THE None. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED OR PLACED ON THIS OR A FUTURE AGENDA: FINANCE: A. Final Acceptance for LID #215 - Sewer Construction on Golf Course Road Sewer Construction Mayor Braun reviewed the information provided by the Public Works Department and on Golf Course Road asked City Engineer Kenworthy for an update on this project. Mr. Kenworthy stated the Conlractor was excellent, and the project went smoothly. There were cost overruns due to poor soil in the area. Staffwill meet with the Council at the time of the final LID to give a complete report on costs. Mr. Kenworthy responded to questions posed by the Council and provided clarification. Councilman Campbell moved to accept the project and authorize release of the total retainage in the amount of $33,891.12 upon receipt of clearances from the Department of Revenue and Labor & Industries. Councilman Wiggins seconded the motion, which carried unanimously. Water Utility Materials B. Bid Award for Water Utility Materials Mayor Braun reviewed the information provided by the Public Works Department and asked Deputy Director Ridout for further input and clarification, which he provided. Councilman Doyle noted that the bid for Schedule C 1?om H. D. Fowler was lower than the bid from U.S. Filter yet, in the first paragraph of the memo, U.S. Filter was being awarded -2- 3704 CTP~ COUNCIg ~O May 5, 1998 FINANCE: the bid. Mr. Ridout stated there was an error in the memo; the fire hydrant bid should be (Cont'd) awarded to H. D. Fowler. Water Utility Materials Councilman Doyle moved to reject the bid from I-L D. Fowler for Schedule A and (Cont'd) award the bid for Schedule A to Familian NW; award the bid for Schedule B to Famillan NW; and award Schedule C to H.D. Fowler. Councilman Hulett seconded the motion, which carried unanimously. CONSENT AGENDA: Following brief discussion regarding the phone bills, Councilman Wiggins moved to accept the Consent Agenda, including: A. Payroll - April 19, 1998 - $352,698.88; and B. Check list - May 1, 1998 - $1,339,882.35. Councilman Williams seconded the motion. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. COMMITTEE None. REPORTS: PUBLIC COMMENT Councilman Williams gave a brief report on the restoration of the Kalakala and the public FOR ITEMS NOT ON interest generated by it. AGENDA: LEGISLATION: Ordinances Not Requiring Public Hearings: None. Resolutions Not Requiring Public Hear#~gs: None. Planning Commission Minutes/Action Items Planning Commission Minutes of April 22, 1998 Councilman Hulett moved to accept the Planning Commission minutes of April 22, 1998. Councilman Campbell seconded the motion, which carried unanimously. Other Considerations Extension of Parametrix A. Approval of Extension of Parametrix Contract for Landfill Monitoring Contract Mayor Braun reviewed the information provided by the Public Works Department and asked Deputy Director Ridout for further input. Discussion ensued, and Mr. Ridout responded to questions and provided, further clarification. Councilman Doyle expressed concern over Parametrix charging $47 per hour and asked if staff could perform this function. Deputy Director Ridout explained this testing is required by the State, and City staff had previously tried to do the testing. However, a problem was encountered with regard to properly analyzing the statistical data, a service which Parametrix provides quite well. Deputy Director Ridout offered to look into cost cutting measures for the next quarter. Following further discussion and clarification by Director Pittis, Councilman Doyle moved to extend the contract with Parametrix for the scope of work as described in the Agreement Extension in the amount of $25,982, and request staff to look into cost cutting measures. Councilmember McKeown seconded the motion, which carried unanimously. Set Real Estate Meeting B. Set Date for Real Estate Meeting Director Pittis stated there were two discussion items for the Real Estate Committee, the food bank and access to property by the Elwha. A Real Estate Committee meeting was set for 1:00 p.m., Tuesday, May 19, 1998. -3- 3705 CITY COUNCIL MEETING May 5, 1998 Break Mayor Braun recessed the meeting for a break at 6:50 p.m. The meeting reconvened at 7:05 p.m. PUBLIC HEARINGS: A. Comprehensive Plan Amendment- CPA 98-01, - La Rue - Eighth Street Between "G" and "H": Request for redesignation of property from Low Density Comprehensive Plan Residential to High Density Residential on the City's Comprehensive Plan Map. Amendment Mayor Braun reviewed the information provided by the Planning Department. Councilman Williams pointed out the memo says "Eighth Street between "B" and "IF' and the agenda says "between "G" and "IF'. Director Collins said "G" and "IF' were correct. Mayor Braun opened the public hearing at 7:06 p.m. There was no public testimony, and Councilman Hulett moved to continue the public hearing to June 2, 1998. Councilmember McKeown seconded the motion, which carried unanimously. Municipal Code B. Municipal Code Amendment - MCA 98-01 - City of Port Angeles, City wide: Amendment Proposal to process shoreline management permits administratively Mayor Braun reviewed the information provided by the Planning Department and opened the public hearing at 7:07 p.m. There was no public testimony, and Councilmember McKeown moved to continue the public hearing to June 2, 1998. Councilman Campbell seconded the motion. Following limited discussion, a vote was taken on the motion, which carried unanimously. Municipal Code C. Municipal Code Amendment MCA 98-02 Port of Port Angeles, Shoreline Amendment Between Cedar and Valley Streets: Amendment to the City's Shoreline Master Program and Map Mayor Braun reviewed the information provided by the Planning Department and asked Director Collins for further input. Director Collins stated there had been a change to the recommendation. The proposal is to reverse the aquatic harbor formerly located at the K- Ply log pond with what used to be the log storage yard east of Valley Street. The Planning Commission recommends approval. In discussIng the matter with the City Attorney, it was discovered that the map needed to be amended, and Attorney Knutson recommended the Ordinance be redrafted and brought back to the next Council meeting. This would not interfere with tonight's public hearing. Director Collins used a map to explain the changes that need to be made, Attorney Knutson explained that one of the main differences between the urban and aquatic designation is that the urban is all upland, and the aquatic is all Rom the high water mark outwards toward the open water. The change to the map will be simple, but it will reflect that the Valley Creek Estuary is now aquatic up to the high water mark but not including the upland area of the property owned by the Port. Director Collins stated Mr. Ken Sweeney of the Port had spoken in favor of this change at the Planning Commission meeting. Using the overhead projector, Director Collins demonstrated a map which showed the area under discussion. Mayor Braun opened the public heating at 7:15 p.m. Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, spoke in favor of the change. Mr. Sweeney stated the change was a requirement of the shoreline permit for filling the K-Ply Pond and creating the Valley Creek Estuary. The Port contracted with Walker and Associates to create a contour map of the estuary. This will serve as a base map for future required monitoring activities. Mr. Sweeney then responded to questions posed by the Council and provided clarification. -4- 3706 ~ COUNCIL MEETING May 5, 1998 PUBLIC HEARINGS: Director Collins pointed out that this has been a successful transition and community (Cont'd) project. This change provides a reestablishment of what was a natural environment for the Port Angeles Harbor. Municipal Code Amendment (Cont'd) There was no further testimony, and Mayor Braun closed the public hearing at 7:25 p.m. Councilman Wiggins moved to extend consideration of the ordinance to May 19, 1998. Councilman Williams seconded the motion, which carried unanimously. Municipal Code D. Municipal Code Amendment - MCA 98-03 - City of Port Angeles, City wide: Amendment Proposal to amend the time period for judicial appeals Ordinance No. 2990 Mayor Braun reviewed the information provided by the Planning Department. Attomey Knutson stated the findings and conclusions were well written and explained why this amendment was necessary. Attorney Knutson also stated an error would be corrected on page five of the Ordinance, which alludes to the City Light Director. A corrected version will be filed with the City Clerk. Brief discussion followed, and Attorney Knutson and Director Collins responded to questions posed by the Council and provided clarification. Mayor Braun opened the public hearing at 7:30 p.m. There was no public testimony; therefore, Mayor Braun closed the public heating and read the Ordinance by title, entitled ORDINANCE NO. 2990 AN ORDINANCE of the City of Port Angeles, Washington, establishing uniform time periods for filing appeals of City land use, construction code, and civil service decisions, revising the procedure for nuisance enforcement appeals, and amending Ordinances 2858, 1709, 1796, 2511,1631, 2655, 2552, 2310, and 2469, as amended, and Chapters 2.22, 2.52, 8.04, 14.01, 15.24, 16.08, 17.25, 17.96, and 18.04 of the Port Angeles Municipal Code. Councilman Campbell moved to adopt the 'Ordinance a~ad by title, citing Findings 1 - 4 and Conclusions A - B, as set forth in Exhibit ~lf', which is attached to and becomes a part of these minutes, and incorporating the correction as noted by Attorney Knutson. Councilman Hulett seconded the motion, which carried unanimously. Bob Harbick, 1006 S. Lincoln Street, gave a progress report on the raising and relocation of the Kalakala. At the time the Kalakala is moved through the Strait, Port Angeles will be advised of the time ofamval so that those who wish to see it float past can be on hand. He stated the Kalakala is part of Port Angeles' history, and it would be a real positive if Port Angeles could be assigned as its permanent home. The Kalakala is receiving worldwide recognition. Mr. Harbick urged the Council and community to work towards getting the Kalakala stationed in Port Angeles. Mayor Braun announced he would be going to Mutsu City on May 11, 1998, returning on May 19, 1998. ADJOURNMENT: The meeting was adjourned at 7:40 p.m. Becky J. Upt6~Cffy~Clerk I Oaryl~raun, l~ayor ' -5- 3707 This Page Intentionally Left Blank 37O8 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF MUNICIPAL CODE AMENDMENT - MCA 98-03: Findings: 1. The State of Washington recently adopted the Land Use Petition Act which requires judicial appeals of many kinds of land use decisions to be filed within 21 days of the decisions. 2. On March 19, 1996, the city of Port Angeles adopted a consolidated development permit process (Ordinance 2911) in association with ESHB 1724 that includes a 21- day filing period for judicial appeals. 3. Certain City ordinances still allow filing periods for judicial review which vary from 14 to 30 days. 4. The proposed amendment allows for consistency with new state statutes for judicial appeal time lines and eliminates specific judicial requirements from the nuisance and Board of Adjustment ordinances. Conclusions: A. The amendment allows for consistency throughout the City's permitting process where judicial appeals are provided. B. The proposed ordinance is in the public's interest. Adopted by the Port Angeles City Council at its meeting of May 5, 1998. Gary [B rat~,~M ayo--~.-~