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HomeMy WebLinkAboutMinutes 05/16/2000 4186 CITY COUNCIL MEETING Port Angeles, Washington May 16, 2000 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, G. Cutler, S. Ilk, D. McKeen, Y. Ziomkowski, T. Riepe, T. Peninger, E. Kovatch, L. Haehnlen, and T. Smith. Public Present: David Neupert. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: CEREMONIAL National Maritime Day: Mayor Doyle read a proclamation declaring May 22, 2000 as MATTERS/ National Maritime Day. PROCLAMATIONS: National Public Works Week: Mayor Doyle read a proclamation declaring National National Maritime Day Public Works Week, May 21 - May 27, 2000. Public Works & Utilities Director Cutler accepted the proclamation. National Public Works Week Presentation of Distinguished Service Medal to Corporal Tyler Peninger: Mayor Doyle presented Corporal Tyler Peninger the Police Department's Distinguished Service Presentation of Medal recognizing Corporal Peninger's exceptional service and deportment while Distinguished Service serving as the School Resource Officer during the past two school years. Port Angeles Medal to Corporal Tyler School Superintendent George Woodruff thanked the City Council and Police Peninger Department for a supportive relationship with the school system. He congratulated Corporal Peninger for doing such an excellent job. · Mayor Doyle introduced Walt Schubert, Sequim City Councilmember. WORK SESSION: None. LATE ITEMS TO BE None. PLACED ON THIS OR FUTURE AGENDA: FINANCE: 1. Abatement of 135 East Front Street Abatement of 135 East Mayor Doyle reviewed the information from the Public Works & Utilities Director Front Street regarding abatement of the structure at 135 East Front Street. Director Cutler explained that Morrison Excavating is scheduled to demolish the structure beginning May 22, 2000. Building Official Hachnlcn advised thc Council that thc property owner is responsible for all fccs incurred, to include administrative costs. If the owner docs not pay, then a lien will be placed against the property. He added the property is currently for sale. Discussion ensued on the possibility of a mural being painted on the fencing. Councilman Wiggins moved to authorize the transfer of monies to the Repair and Demolition fund to demolish the structure at 135 East Front Street, in an amount not to exceed $10,000. Councilman Williams seconded the motion, which carried unanimously. -1- CITY COUNCIL MEETING May 16, 2000 Parametrix Contract 2. Parametrix Contract Amendment Amendment Mayor Doyle reviewed the information from Director of Public Works & Utilities - Curler regarding the Parametrix, Inc., Engineering Services Contract for Landfill Closure. Director Cutler was pleased with the results from Parametrix, noting that the City opened bids today for the landfill closure which will be discussed at the. next Council meeting. Councilman Hulett asked if there had been testing changes, and Director Cutler explained there were a number of additional testing requirements. He added that the current amendment is for construction assistance on the construction contract. Councilman Itulett moved to accept the recommendation as presented authorizing the Mayor to sign the negotiated $97,625 Amendment No.5 to the agreement with Parametrix. Councilman Campbell seconded the motion, which carried unanimously. Public Works Trust Fund 3. Public Works Trust Fund Loan Application Approval Loan Application Mayor Doyle reviewed the information for the Director of Public Works & Utilities regarding the Public Works Trust Fund Loan Application for Phase III of the Downtown Watermain/Sidewalk Replacement Project. Councilman Williams asked if this project has been coordinated with the Gateway Project and, further, has any of the information been shared with those involved in the underground project. Director Cutler indicated a letter had been sent to Don Perry advising him of the City's intention to submit this loan application for the remainder of the water work. City Engineer Kenworthy then addressed the first question by advising the Council that staff is still in the preliminary states of the project, but it is intended to coordinate with the Gateway project throughout this particular endeavor. Councilmember McKeown moved to authorize the Mayor to sign the PWTF loan application certification in the amount of $1,500,000 for Phase IH of the Downtown Watermain/Sidewaik Replacement Project and, if the loan is approved, authorize the Mayor to execute the PWTF loan agreement provided that the loan amount does not exceed $1,500,000. Councilman Williams seconded the motion, which carried unanimously. Award Bid for Cresthaven 4. 'Award Bid for Cresthaven Underground Electric Rebuild Project Underground Electric Rebuild Project Mayor Doyle reviewed the memorandum from Public Works & Utilities Director Cutler regarding the award of the Cresthaven Underground Rebuild Project. The question was raised as to whether the City was comfortable with the references received on Colvico. Director Cutler offered a correction to the staff's recommendation in that the contract amount was by competitive bid as opposed to negotiation. Additionally, in response to the question, he noted that Jim Harper, Electrical Engineer, felt comfortable with the bid price from Colvico of $115,614.85 since it was So close to the estimate. Director Cutler noted he had worked with Colvico in the past, as they replaced more than half of the electrical distribution system at the Naval Submarine Base Bangor; the company did a very good job. Kudos were given to staff members Jim Harper and Gail McLain for such a frae job on the bid and the engineer's estimate. Councilman Campbell moved to authorize the Mayor to execute the $115,614.85 contract with Colvico, Inc., for the construction of the Cresthaven Underground Rebuild (Project 20-15). Councilman Wiggins seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Wiggins moved to accept the Consent Agenda to include: 1) Travel request - Water Law Seminar for City Attorney; 2) City Council Minutes of May 2, 2000; 3) Check Register - May 10, 2000 - $765,559.27; and 4) Water Quality Report. The motion was seconded by Councilman Campbell. Mayor Doyle commented that the Water Quality Report must be prepared annually, as it is required by the EPA. Following limited discussion, a vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilmember McKeown reported that the octopus on the City Pier is being COMMITTEE refurbished and will be planted by the Soroptimist Club. On behalf of the REPORTS: Soroptimist's, Councilmember McKeown complimented the Parks Department for -2- CITY COUNCIL MEETING May 16, 2000 CITY COUNCIL overseeing this effort. COMMITTEE REPORTS: (Cont'd) Councilman Wiggins reported that, because of an AWC Nominating Committee meeting, he will miss at least a portion of the next Council meeting. He reported that Economic Development Council Director Bart Phillips has resigned, so Councilman Wiggins will be involved in the selection process for Mr. Phillips' replacement. Councilman Campbell attended a Board meeting for the Olympic Air Pollution Control Authority, at which time he learned there will be no rate increase for the fiscal year, 2001. Mayor Doyle and City Manager Quinn attended the Three Mayor's Meeting, during which discussion was held on the matter of fiber optics. Also, Mayor Doyle attended the Sequim Irrigation Festival, which was a magnificent event. He also reported he was appointed to the AWC Resolutions Committee, and a meeting has been scheduled for May 19, 2000. The City's proposed resolution regarding street vacation compensation will be considered. Ordinance Estabhshing or Ordinances Not Requiring Public Hearings Revising Commencement Dates for Terms of Mayor Doyle reviewed the memo provided by the City Clerk regarding an ordinance Various Advisory Boards establishing and/or revising commencement dates for terms of various advisory boards and Commissions and commissions to March 1. Ordinance No. 3051 A question was raised pertinent to the Economic Development Steering Committee (Port Angeles Works!) and whether it has short-term versus permanent status. Also, reference was made to the oversight responsibility for those funds provided by Rayonier under the name of Port Angeles Works! Manager Quinn confu-med that those specific funds are still available and have not been expended. Further, he advised the Council that he and Economic Development Director Smith had recently considered economic development efforts underway in the community. With various projects being undertaken and coordination between the City, Port and the EDC, Manager Quinn felt that economic development will play a major role in community development for many years to come. He suggested the possibility of combining some of these functions under one committee on which the City Council has a presence so that all functions can be well coordinated in the future. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. ~051 AN ORDINANCE of the City of Port Angeles, Washington, establishing or revising commencement dates for terms of various advisory boards and commissions, repealing the ordinances that established the Human Relations Commission and Publicity Board, amending Ordinances 2724, 2982, 2489, and 2972 and Chapters 2.26, 2.66, 2.68, and 2.70 of the Port Angeles Municipal Code, and repealing Ordinances 1652 and 1216 and Chapters 2.28 and 2.40 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion, Which carried unanimously. Councilman Williams moved to revise the term commencement date for the Downtown Forward Executive Committee to March 1~t. Councilman Campbell seconded the motion, which carried unanimously. PUBLIC HEARINGS- Mayor Doyle reviewed the memo from Planning Director Collins regarding the Q U A S I- J U D I C I A L: Maverick Development Parking Variance appeal. Director Collins noted that the staff Appeal of Denial of report should be corrected in that this is not a closed-record appeal hearing, but rather Parking Variance - it is an open-record hearing. In conferring with the City Attorney, Director Collins Maverick Development concluded this issue is not governed by State Statute 17.24, which limits the number of public hearings that can take place on a land-use matter. The parking variance has been before the Planning Commission several times, and the Commissions's final decision of April was to deny the parking variance, which left Maverick the option of revising the project, appealing to the City Council, or terminating the project. Following the filing of the appeal, Director Collins understood that the applicant would -3- CITY COUNCIL MEETING May 16, 2000 PUBLIC HEARINGS - now be requesting a continuation of the matter to the Council meeting of June 6, with Q U A S I- J U D I C I A L: a request that the Council send it back for reconsideration by the Planning Commission Appeal of Denial of at its May 24~' meeting. The applicant has continued to work on trying to resolve the Parking Variance - problems that were plaguing the Planning Commission in arriving at a decision to Maverick Development support the parking variance. Director Collins spoke in support of the request for (Cont'd) continuation, noting that by so doing, the Council would be remedying a noticing problem with regard to this evening's hearing. In responding to an inquiry from Mayor Doyle, Attorney Knutson offered clarification as to a closed- versus open-record appeal. Further, he indicated that in this instance it would be appropriate to accept a statement from the applicant's attorney which has been indicated as being a request that the matter be remanded to the Planning Commission, and that the Council continue the appeal to the next meeting. He added this may not ultimately be necessary, depending on the outcome of the Planning Commission meeting. Dave Neupert, 403 South Peabody, was present as the representative of Maverick Development. Mr. Neupert asked that the City Council refer this issue back to the Planning Commission so that they can reconsider the variance application and, further, continue the hearing to the June 6~ Council meeting, if necessary. Mr. Neupert advised the Council as to the concerns expressed by the Planning Commission. The number of parking spaces the applicant is trying to provide is one space per trait, as well as a disabled parking space for visitors. His client is attempting to accomplish this by amending the Condominium Association CC&Rs so that they would have a permanent obligation to assure a minimum of one parking space per unit. Also, they hope to show the Planning Commission revised drawings of the ground floor of the structure, allowing for a couple more spaces in the old pool area. They also plan to present a lease for additional parking spaces across the street from the development. Councilmember McKeown moved to refer the matter of appeal of denial of Parking Variance PKV 00-01 - Maverick Development back to the Planning Commission for consideration if the Commission so desires and continue the appeal to June 6, 2000. The motion was seconded by Councilman Campbell and carried unanimously. Shoreline Master Program Public Hearings - Other: Amendment 1. Shoreline Master Program Amendment- SMA 00-01 - Proposed amendment to the City's Shoreline Master Program to increase maximum covered moorage height allowable from 20' to 30' and to clarify the definition of conditional use: Mayor Doyle reviewed information provided by the Planning Director regarding the Shoreline Master Program Amendment 00-01, which Director Collins depicted as being administrative amendments which represent practices that are already in place. Conditions were placed on approval of Substantial Shoreline Developments Permits without intending they be processed as conditional use permits. The language adopted with the new Shoreline Master Program in 1995 established that if the City placed conditions on a substantial development permit, it became a conditional use permit which resulted in greater delays. The proposed amendment eliminates unnecessary delays for Department of Ecology approval of substantial development permits. The second administrative change related to the damage of the boathouses due to the 1997 winter storm. One of the boat houses exceeded the 20' height limitation, and the City determined it could not be repaired without a variance. In the process of doing the variance, the City discovered a dozen boat houses in similar condition. Director Collins determined the height would need to be changed from 20' to 30'. Mayor Doyle opened the public hearing at 7: t 5 p.m. There being no pubhc testimony, the public hearing was closed at 7:15 p.m. Councilman Wiggins moved to continue the proposed Shoreline Master Program Amendment to the June 6, 2000, Council meeting. Couneliman Campbell seconded the motion, which carried unanimously. Municipal Code 2. Municipal Code Amendment - MCA 00-01 - Animal Husbandry: Consideration of Amendment- Animal animal husbandry regulations City-wide: Mayor Doyle reviewed information Husbandry submitted by Planning Director Collins, who then noted the five proposed changes as set forth in the packet. Brad Collins noted that on Page 190 of the agenda listed five changes. Discussion followed concerning the proposed regulations and how they may relate to animal control regulations. In addition, discussion centered around animal -4- CITY COUNCIL MEETING t~ ! 90 May 16, 2000 Municipal Code noise and odors. Director Collins agreed there should be more clarity in defining and Amendment - Animal regulating animal noise and odor. Husbandry (Cont'd) Mayor Doyle opened the public hearing at 7:28 p.m. There being no public testimony, the public hearing was closed at 7:28 p.m. Couneilmember Erickson moved to continue the action on the proposed Municipal Code Amendment to the regular City Council meeting of June 6, 2000. Councilmember McKeown seconded the motion, which carried unanimously. Break Mayor Doyle recessed the meeting for a break at 7:30 p.m. The meeting reconvcncd at 7:45 p.m, City Council Term Ordinances Not Requiring Public Hearings (Cont'd) Limits 2. City Council Term Limits: Mayor Doyle reviewed the memorandum from Manager Quinn on the matter of City Council term limits. In the discussion that followed, Councilman Wiggins voiced his opposition to term limits noting if candidates are not desired, then they are voted out of office by the public. Councilmember McKeown stated she was opposed to term limits, but she supported seeking public input by a utility billing return insert. Councilman Campbell indicated term limits were intended to encourage more interest in the elective process. Having followed the elections over thc last 8 - 10 years, he indicated this just hasn't happened. He noted how many of the Councilmembers have run unopposed for a City Council position. Councilman Williams stated he has been against term limits; however, he has been seeking public input as to how members of the community felt on the matter. In addition, he has done a great deal of research studying the history of City Council terms. He shared with the Council certain conclusions he has reached by virtue of conducting this research. Councilman Hulett voiced the opinion that a great deal has changed in City government since the time the term limits were imposed. Councilmember Erickson noted that she has typically been a supporter of term limits; however, she acknowledged that it can take a lengthy period of time to get up to speed on issues and  committees on which a Councilmember might serve. Also, Councilman Campbell drew attention to the fact that only ~ other cities in the State presently have term limits. Mayor Doyle agreed this is a representative form of government, and the people should decide who holds office. Further, he felt that experience does make a difference in thc operation of the City. Lengthy discussion ensued about the best means of seeking public input on thc issue of term limits. Manager Quinn expanded on the various options outlined in the packet, such as an advisory ballot, a newspaper advertisement or tear-out ballot, or a utility billing insert, He emphasized the fact that the latter option would be more cost effective as compared to costs incurred with an advisory ballot which could cost the City up to $20,000. It was suggested that a utility billing insert would be favored, and confidentiality would be protected if the survey cards were returned to the City Clerk. Councilman Williams moved to have a combination of one or two public hearings, to ektablish an advisory committee to form a ballot, and that a utility insert be placed in the utility bills and the results tallied. The motion died for lack of a second. After further discussion, Councilmember McKeown moved to use a utility bill insert to seek public input to include a pro and con statement. Councilman Wiggins seconded the motion. Consideration was given to the writing of the pro and con statement to be included with the utility billing, and it was suggested that Councilman Wiggins write the statement opposing term limits and Carl Alexander be asked to write the statement in favor of term limits. Further details can be worked out by staff. A vote was taken on the motion, which carried unanimously. Hearing Date for 2001- Resolutions Not Requiring Public Hearings 2006 Capital Facilities Plan / Transportation Resolution setting Hearing Date for 2001-2006 Capital Facilities Plan ? Transportation Improvement Program Improvement Program: Mayor Doyle reviewed a memo from Public Works & Utilities Resolution No. 5-00 Director Cutler regarding the need to set a public hearing on the 2001-2006 Transportation Improvement Program (TIP) & Capital Facility Plan (CFP). Director Curler requested that, if Council follows the recommendation, three Councilmembers are needed to work with staff to review the priorities. In addition, on Page 93 of the packet information, the recommendation should reference "...the Transportation Element of the 2001-2006 Capital Facility Plan". -5- CITY COUNCIL MEETING May 16, 2000 Hearing Date for 2001- Mayor Doyle read the Resolution by title, entitled 2006 Capital Facilities Plan / Transportation RESOLUTION NO. 5-00 Improvement Program Resolution No. 5-00 A RESOLUTION of the City Council of the City of Port Angeles (Cont'd) Washington, setting a public hearing date for review of the Six-Year Transportation Improvement Program (TIP) and Transportation Element of the Capital Facilities Plan (CFP) for the years 2001-2006. Councilman Williams moved to accept the Resolution as read by title. Councilman Wiggins seconded the motion, which carried unanimously. Approval of Forks Jail Other Considerations Contract Renewal Approval of For~ Jail Contract Renewal: Mayor Doyle summarized the memorandum from Police Chief Ilk on the matter of the renewal of the Forks Jail Contract. Councilmember Erickson indicated she would be abstaining from the vote on this matter. Councilman Campbell moved to authorize the Mayor to sign the agreement for confinement services with Forks. Councilman Hulett seconded the motion, which carried by a majority vote, with Couneilmember Eriekson abstaining. Because abstentions are counted as affirmative votes, the motion carried unanimously. INFORMATION: City Manager's Report: Manager Quinn reported on the Unisys proposal, the Downtown Development Plan, National Police Week, a Telecommunications Conference he and Economic Development Director Smith are to attend, a memorandum regarding the success of Dump Day, as well as a communication from the North Olympic Library System on grant funding received. Anyone interested in assisting with planning and promotion for the Library's project should contact Manager Quinn. Mayor Doyle noted that Martha Choe will be the speaker at The Chamber of Commerce on May 22, 2000. She is the Director of Washington State Community Trade and Economic Development. .. Also, noting the discussion on animal husbandry, Mayor Doyle drew attention to the Humane Society Report and the fact the Society has handled 229 cats and 312 dogs from the City of Port Angeles. ADJOURN TO None. EXECUTIVE SESSION: ADJOURNMENT: The meeting was adjourned at 8:35 p.m. - 37J7. U~, Cit~lerk- I- Larry Doyl~ayor ~// -6-