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HomeMy WebLinkAboutMinutes 05/17/1994 2739 CITY COUNCIL MEETING Port Angeles, Washington May 17, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:02 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, and McKeown. Members Absent: Councilmen Ostrowski and Schueler. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Collins, L. Glenn, K. Godbey, B. Titus, K. Ridout, T. Riepe, S. Hursh and D. Sawyer. Public Present: A. Dunker, T. McKeown, I. McKeown, K. Northrop, K. Gonzea, F. & B. Sund, L. Njmmo, P. Vance, T. Fraser, L. McHone, R. Wheeler, B. Long, P. Kenealy, J. & J. Schwagler, G. Knutson, P. Meyer, L. & J. Antolock, B. & O. Campbell, W. Quast, S. Bilsborrow, L. Beil, T. Keywood, and J. & J. Behrens. ADJOURN TO The meeting adjourned to Executive Session at 6:02 p.m. to discuss one item of EXECUTIVE SESSION: litigation and one item of potential litigation for approximately 10 minutes. RETURN TO OPEN The meeting returned to open session at 6:15 p.m. SESSION: Interview Applicants for The following applicants were interviewed for the Law Enforcement Advisory Board: Law Enforcement Jim Jones, Richard Page, and John Dove. Advisory Board CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:04 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by a Camp Fire Group, JoAnn ALLEGIANCE: Fredrickson, Leader. Those participating included: L. Fredrickson, J. Ruud, A. Bruch, L. Osterberg, K. Fredrickson, and M. Rushton. APPROVAL OF Councilmember McKeown moved to approve the minutes of the regular meeting MINUTES: of May 3, 1994. Councilman Braun seconded the motion, which carried unanimously. CEREMONIAL 1. Proclamation Recognizing National Maritime Day MATTERS/ PROCLAMATIONS: Mayor Sargent read a proclamation recognizing May 22, 1994, as National Maritime Day. National Maritime Day Buddy Poppy Days 2. Proclamation Recognizing Buddy Poppy Days Mayor Sargent read a proclamation recognizing Buddy Poppy Days. CITY COUNCIL Councilman Hulett attended a Public Information Committee meeting to discuss next COMMITTEE month's City newsletter. He attended a Chamber of Commerce Board meeting, REPORTS: where a vote was taken concerning school concurrency. At that meeting, the Chamber voted to support the Lower Elwha Gaming Development, as well as the hotel project near C'est si Bom Councilmember McKeown attended a UAC meeting, but deferred to Councilman Braun to present the information from that meeting. -1- 2740 CITY COUNCIL MEETING May 17, 1994 CITY COUNCIL Councilman Doyle attended a Real Estate Committee meeting, two Capital Facility COMMITTEE Plan Budget meetings, an Olympic Air Pollution Authority meeting, and the ground REPORTS: breaking for the new bus facility. (Cont'd) Councilman Braun attended the Real Estate Committee meeting, most of which has been placed on this agenda for consideration. He attended the Capital Finance Committee meeting where the Growth Management Act and its criteria was reviewed. Councilman Braun attended UAC and discussed rate increases for water and wastewater, as the City is falling behind in revenues for water and wastewater. UAC recommended a three-year phase in period. He attended a Law and Justice review where the allocation of monies from the new tax was considered. Councilman Braun also attended a Clallam County Transit meeting. Mayor Sargent attended the Retirement Committee meeting, the Port Angeles Downtown Association annual meeting, the EDC retreat, and the Transit groundbreaking. FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: (1) Request to authorize the advertisement for call for bids on the Waterfront Trail, Sail & Paddle Park and Ediz Hook sewer forcemain project; (2) Request to authorize the advertisement for call for bids on the Peabody Creek at 8th Street Culvert Repair Phase II; (3) ESP Contract with K-Ply; (4) Voucher list for May 13, 1994 of $533,430.47; and (5) Payroll for May 8, 1994 of $335,431.74. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE City Manager Pomeranz asked that the Council consider as a late item a proposed AUDIENCE/COUNCIL/ insert for the utility bills relating to water/wastewater rate increases. This was added STAFF TO BE as Item E. 8. CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Capital Facilities Policies 1. Consideration of Capital Facilities Policies for K-12 Public School for School Facilities Facilities. Mayor Sargent reviewed the information provided by the Planning Department and read a list of dates documenting when public meetings and/or hearings were held on this issue in order to obtain citizen input. Mayor Sargent indicated there may have been some confusion over a vote taken earlier on this issue; she requested that Planning Director Collins clarify the earlier vote. Director Collins explained that earlier in the year the Council voted in opposition to a school concurrency policy being part of the county-wide planning policy. It was intended that school concurrency be left to the discretion of the individual cities in developing their comprehensive plans. The Growth Management Advisory Committee recommendation, which went to the Planning Commission in January, did recommend that the City have a school concurrency policy. The Planning Commission recommendation that went to the Council in March did not recommend school concurrency. As a result,-the recommendation before the Council and the public hearing tonight is not for school concurrency as a mandate, but rather as a policy that treats the school facilities similar to parks and recreation facilities, in that it is desirable to have these facilities, but not in the form a mandate, requirement or concurrency. The other requirements for concurrency would not be imposed on development related to school facilities. Mayor Sargent opened the public heating at 7:35 p.m. Bill Laws, address not stated, did not understand the content of Director Collins' explanation; the Mayor reiterated the summary provided by Director Collins. Larry McHone, Coldwell Banker Uptown Realty, speaking on his own behalf, expressed opposition to school concurrency. Mr. McHone indicated that only 35- 45% of area home sales are to people from outside of Port Angeles; many of the people moving into the area are retired and do not have children. The people of Port Angeles have voted in school bonds when necessary, and hopefully, will continue to do so. Ted Fraser, no address given, a life-long Port Angeles resident, built his own home -2- 2741 May 17, 1994 LEGISLATION: even though he is not a contractor. When people build homes here, they are also (Cont'd) hiring and purchasing from within the City and, therefore, creating more tax dollars. Adopting the concurrency policy would decrease the number of homes built, which Capital Facilities Policies would decrease jobs, incomo and, therefore, tax revenue. for School Facilities (Cont'd) Kathy Northrop, no address given, has been a school board volunteer for twenty years. She felt that inadequate facilities have a negative impact on good education. She urged the Council to support the retention of some concept of school concurrency and to not confuse concurrency with growth impact fees. People are not interested in moving to a community unless there are quality schools available. The School Board wants to insure that increased student admissions can be accommodated without negative impacts on the students. Ms. Northrop urged the Council to adopt a policy that states the City should consider the adequacy of K-12 public school facilities within six years from the time of development in determining if appropriate provisions have been made. At Councilman Braun's request, Ms. Northrup explained multi-tracking in the schools. Art Dunker, 2114 W. 6th Street, a member of the local Homebuild~rs Association, agreed that better schools were needed. Mr. Dunker felt that the City Council did not fully understand school concurrency, so he explained his perception that it means growth is restricted and taxed when it is allowed. Mr. Dunker felt concurrency to be coercive, confining and distractive. It takes money for single-family residences that people cannot afford to pay and doesn't do a lot for schools. Mr. Dunker offered further information to the Council on this issue if it is desired. The Homebuilders Association does not feel concurrency is the answer, and it has information to substantiate its opinion. Mayor Sargent asked Mr. Dunker if he felt a task force, to include representation from the homebuilders, would be the best way to address the issue of enough schools for the future. Mr. Dunker felt this was a good idea and stated that school concurrency should be removed from the Comprehensive Plan. Port Angeles does not need impact fees. Mr. Dunker agreed to be part of a task force. Bill Long, 135 Ahlvers Road, a local businessman, spoke in opposition to concurrency. Mr. Long cited a letter written by Orville Campbell and stated that the current residents of Port Angeles should pay the total cost of providing new schools for new families moving into the area. Phil Vance, 1582 Black Diamond Road, was opposed to concurrency and impact fees. He echoed the sentiments expressed by Mr. Fraser. Roger Wheeler, 514 Erring Jacobs Road, who owns property and a business within the Port Angeles city limits, spoke in opposition to concurrency and the impact fees. The school system owns property and timberlands and should use these properties and assets to its own advantage. Ida McKeown, 2510 W. 10th St., felt the Council needed to address the capital facilities portion of the comprehensive plan. This is not a simple issue. Ms. McKeown then made specific references to policies 1-5 of the Comprehensive Plan. She informed the Council she was against concurrency and also against forming a task force. Pili Meyer, 1109 S. Laurel Street, is a mother, worked as a volunteer for the school district during the bond issue this year, and is a realtor. She advised the Council that our children will have a difficult time affording homes of their own. The average wage earner in Port Angeles cannot afford the average priced home, because they don't earn enough money. The homes are not affordable because of the requirements imposed on the development community. Since the Growth Management Act was passed, the cost of housing has increased. The average home price in Port Angeles is $96,000. Larry Leonard, 1030 Olympus, has spoken on this issue at the other meetings, and is against concurrency. He is no longer a realtor, so he is not a special interest party as he has been accused in the past. Mr. Leonard felt the City does not have control over whether or not schools are built. Consequently, he opined that the City should not be enforcing laws requiring schools to be built. Mr. Leonard understood that the Planning Commission recommended simply that the City would establish a school concurrency task force; however, it appears that the residents do not want concurrency. Therefore, why would a task force be needed? Claire Kirkman, 1006 Glenwood, is not a business owner, a builder, nor a realtor. Her job would be directly impacted by school concurrency which limits development and building. Ms. Kirkman echoed the fears of Ms. Meyer. She urged the community to work together to solve the problem of potential overcrowding and lack -3- 2742 CITY COUNCIL MEETING May 17, 1994 LEGISLATION: of quality education facilities for children due to new development or the current (Cont'd) level of overcrowding. Capital Facilities Policies Tim Fraser, no address given, owns two businesses in Port Angeles and is against for School Facilities concurrency. Passing more rules and regulations always costs more money. There (Cont'd) are enough government mandates now. Mike Breitbaugh, no address given, expressed opposition to concurrency. He wanted to know where all the tax dollars are going. Joe Melton, 1503 W. 7th Street, retired, was a developer for 26 years. Mr. Melton is against concurrency. The general public is fed up with the regulations being established. Port Angeles is drifting towards retirement and tourism and may not need more schools in the future. Tom Keywood, 209 W. 5th Street, is attempting to develop property located in the City. He is against concurrency and supports the formation of a joint task force to solve the problem of school inadequacies. Ron VanWinkle, 1529 W. 13th Street, is a realtor and formally employed by the DNR. The DNR was originally set up to fund schools through State Trust lands; in the 70's, the p?emise was to maximize income from State lands to fund schools. This was changed to joint use lands, which has caused the current school funding problems. Concurrency is not the answer. A task force should be informing the Commissioner of Public Lands of the problems being experienced. The timber industry is not dead here, it is dormant and suppressed. The school trust lands need to be managed to put the money back in schools. Mr. VanWiulde is in favor of schools, but against putting the burden of them on the backs of the developers. It is unfair and will do away with affordable housing. Art Dunker, 2114 W. 6th Street, returned to the podium and stated that school concurrency, as stated in the proposed comprehensive plan, should be removed. Concurrency should be addressed outside the comprehensive plan. In that there was no further testimony, Mayor Sargent closed the public hearing at 8:52 p.m. Break Mayor Sargent recessed the meeting for a break at 8:52 p.m. The meeting reconvened at 9:15 p.m. Mayor Sargent stated that during the break, City Light Director Titus had informed her of two upcoming meetings intended to obtain public input on the Capital Facilities Program. The meetings are scheduled for May 31, 1994, in the City Council Chambers, one from 3:00 p.m. - 5:00 p.m. and the other from 7:00 p.m. - 9:00 p.m. Anyone interested is invited to attend. Mayor Sargent stated that the next public hearing on the comprehensive plan is June 21, 1994, and adoption of the plan is anticipated by July 1, 1994. She then asked Council if it wished to give direction to staff on the issue of school concurrency. Councilman Doyle felt that the City had no way of knowing what the level of services for the schools should be. This is the School Board's job. Most development in the City involves the in-filling of individual lots; large developments have to pass the SEPA process, a process through which the school issue could be addressed. Councilman Doyle moved to eliminate school concurrency and all references to it from the Comprehensive Plan, and if a task force is required, it should beformulated outside the City jurisdiction. Councilmember McKeown seconded the motion. Discussion followed. A vote was taken on the motion, which carried unanimously. Planning Director Collins pointed out that there was a list of findings and conclusions which the Council should cite when voting on this matter. Mayor Sargent read the findings and conclusions aloud. Certain typographical errors were noted for correction, and it was suggested that a notation be added that the City Council had also held public meetings and hearings on the concurrency issue. Councilman Doyle moved to cite Findings 1 - 7 and Conclusions A - B as part of the recommendation, inclusive of the noted corrections and addition. Councilmember McKeown seconded the motion, which carried unanimously.. -4- 2743 CITY COUNCIL MEEI1NG May 17, 1994 LEGISLATION: B. Ordinances Not Requiring a Public Hearing (Cont'd) I. Ordinance Amending Licensing and Regulation of For-hire Vehicles and Licensing and Regulations Taxicabs of For-hire Vehicles and Taxicabs - Mayor Sargent reviewed the information provided by the City Attorney, Police Chief Ordinance No. 2808 and City Clerk and read the Ordinance by title, entitled ORDINANCE NO. 2808 AN ORDINANCE of the City of Port Angeles, Washington, related to licensing and regulation of for-hire vehicles and taxicabs and amending Chapter 9 of Ordinance 2050, as amended, and Chapter 5.36 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Application for a C. Resolutions Not Requiring Public Hearings Community Development Block Grant - 1. Adoption of a Resolution Authorizing Submission of an Application for a Resolution No. 4-94 Community Development Block Grant and Committing to Compliance with all Regulations. Mayor Sargent reviewed the information provided by the Contracts/Projects Administrator and read the Resolution by title, entitled RESOLUTION NO. 4-94 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing submission of a community development block grant and application for repair and rehabilitation of housing for low-income residents. Councilman Doyle moved to pass the resolution as read by title. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items None. E. Other Considerations Law Enforcement 1. Appointment to Law Enforcement Advisory Board Advisory Board Mayor Sargent stated that two of the applicants interested in serving on this Board were unable to be interviewed this evening at no fault of their own. Therefore, the Council has decided to delay making an appointment until the time all applicants can be interviewed. She asked that Clerk Upton try to arrange interviews for June 7. Agreement with 2. Extension of Earnest Money Agreement with Serenity House for Property at Serenity House 16th and ~E~ Streets Mayor Sargent reviewed the information provided by the Real Estate Committee. Councilman Doyle felt it advisable for the Council to receive a report on the worth of the timber on the land, as well as the cost of clearing the land before a decision is made on this issue. Councilman Braun felt there is a good possibility that the standing timber is worth enough to help offset the clearing costs incurred by the City. Therefore, Councilman Braun moved to accept the recommendation as presented by the Real Estate Committee. Councilman Hulett seconded the motion. Discussion followed and the opinion was expressed that it may be worthwhile to await further information from staff pertaining to the sale and removal of the timber. In addition, discussion was held specifically relating to the second portion of the Real Estate Committee's recommendation, and Property Manager -5- 2744 CITY COUNCIL MEETING May 17, 1994 LEGISLATION: Ridout explained the actual intent of the recommendation was that the City could (Cont'd) remove the timber at any time up to thirty (30) days after closing or before the start of construction. Agreement with Serenity House Mayor Sargent recognized Lori Nimmo, a Board member of Serenity House, who (Cont'd) indicated that waiting for the Council to decide on whether or not to extend the deadline affects the application for grants. When applying for State or Federal money, the land must be identified and there must be a purchase agreement or purchased property. Serenity House is also concerned that clearing costs incurred by Serenity House could greatly impact the cost of the project. Serenity House would prefer a complete taking of the timber with stump clearing, as they are looking at a limited budget. Serenity House had done some research on the timber and found that the price of the timber would basically pay for clearing the land. Attorney Knutson advised the Council that it would be preferable to determine in advance the revised contract language which would set forth the contractual obligations of the parties concerned. Ms. Nimmo added that the extension of the purchase agreement would be better for Serenity House if changed to January rather than October. It is difficult to anticipate when grant funding will come through. Joe Burke, 516 Georgiana, also a Serenity House Board member, noted that the City has built a large Senior Center, and Mr. Burke felt the City should work with Serenity House to get this grant money and help build this shelter. The City should give Serenity House the land. This has evolved into a business situation and Serenity House is not a developer, they are just trying to build some housing for people who need it. Mr. Burke advised the Council that it should help Serenity House proceed with the project in getting some housing built. Mayor Sargent explained that there are a number of charities looking for help, such as the food bank. Mr. Burke stated that the City should also give the Food Bank what it has asked for. After further discussion, Councilmember McKeown moved to table the issue until the next meeting of the City Council. Councilman Hulett seconded the motion, which carried unanimously. Staff will return with information pertinent to projected timber revenue, as well as anticipated cleating costs. Food Bank Use of Old 3. Food Bank Use of "Old' Senior Center Senior Center Mayor Sargent reviewed the information provided by the Real Estate Committee. Councilmember McKeown moved to post the "Old" Senior Center for no occupancy after it is vacated, and that no one be allowed to occupy it until the City has decided on disposition by one of the three methods recommended by the Real Estate Committee. Councilman Braun seconded the motion, which carried unanimously. Meeting Extended Councilman Braun moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilmember McKeown seconded the motion, which carried unanimously. Peabody Creek Ravine 4. Discussion of Peabody Creek Ravine right-of-way issues Mayor Sargent reviewed the information provided by the Real Estate Committee. Property Manager Ridout stated that the City has been in negotiations with the . owner, and the owner's representative agreed to accept the Right-of-Way Use Permit as a solution. Councilman Braun moved to direct staff to proceed with Option 2, the Right-of- Way Use Permit. Manager Pomeranz stated that this is a staff function and does not need Council approval. Councilman Braun, therefore, withdrew the motion. The Director of Public Works is directed to proceed. Purchase of Golf Course 5. Purchase of Property on Golf Course Road by City Light for Future Road Property by City Substation Light Manager Pomeranz stated that Councilman Ostrowski had some concerns on this issue which he brought to the attention of the City Manager and Property Manager today. Therefore, Manager Pomeranz requested that this issue be postponed and referred back to the Real Estate Committee for further discussion. By general consensus, the Council agreed to this delay. -6- 2765 CITY COUNCIL MEETING May 17, 1994 LEGISLATION: 6. Waterfront Trail Lighting (Cont'd) City Light Director Titus provided a brief explanation of the issue and advised the Waterfront Trail Council that the property owner in question had until this past Friday to submit Lighting payment for underground installation. In that payment did not come forth, Director )bc Titus indicated he would be directing his staff to proceed with the overhead installation as originally plannedj The Council agreed by.. consensus. ~ . Multi-Modal Trans- 7. Multi-Modal Transportation Project portation Center City Manager Pomeranz reviewed the report provided on this project from Congressman Norm Dicks. The City will continue to pursue funding for this project. Water/Wastewater 8. Utility Bill Insert Regarding Water/Wastewater Rate Increases Rate Increase Finance Director Godbey explained that staff has been working on water/wastewater rate increases for some time. Increas~ were deferred until the Bond issue was close to being generated and a cost of service was conducted. There is a need to phase in rate increases over a period of three years. Water and wastewater have both seen an increase in unfunded mandates which compounds the issue. There will be about a $3 per month increase in wastewater, and there will be a slight change in charging wastewater rates. Currently, the rates are based on consumption, so except for summer months, the more water consumed, the higher the wastewater rates. This will be changed to a flat fee. Water rates have not been increased in almost nine years. Currently, water revenues are not coveting operating costs. There will be approximately a $2.50 per month increase, which is a 25 % increase. This will be ramped in over a period of three years. This item will come before Council in a public hearing on June 7, 1994. The UAC felt that the customers should be forewarned of the rate increase in the form of an insert sent out with utility bills. Staff is requesting the Council's permission to send out the insert, a copy of which had been distributed to the Council. Councilman Braun moved to accept the recommendation from UAC and staff to place an insert in the monthly mailing to inform the citizens of the forthcoming rate increases. Councilmember McKeown seconded the motion. Discussion followed, and it was the general consensus of the Council that a sentence should be added to the letter stating that similar increases are expected for 1995 and 1996. Councilman Braun amended his motion to state that a line would be added to the letter stating similar increases are expected over the next two years. Councilmember McKeown, as seconder, agreed. After further brief discussion, a vote was taken on the motion, which carried unanimously. Mayor Sargent informed the Council that she was in possession of a petition from the residents living near the YMCA requesting a sign be installed stating there is residential only parking allowed on the street. The petition was presented to staff for further action. ADJOURNMENT: The meeting was adjourned at 10:42 p.m. Clerk ' 2746 Comprehensive Plan School Policy Attachment Findings: 1. The Growth Management Act requires the City of Port Angeles to adopt a Comprehensive Plan consistent with the Act and including a Capital Facilities Plan element by July 1, 1994· 2. The Growth Management Act authorizes the City to consider schools in its capital facilities planning. 3. State subdivision law requires the City to determine if appropriate provisions have been made for schools. 4. The present City of Port Angeles Comprehensive Plan adopted on July 6, 1976, made a policy statement addressing schools. 5. The Growth Management Advisory Committee, the Planning Commission, and the City Council have held numerous public meetings and hearings on the draft Comprehensive Plan and made recommendations on policies to the City Council· 6. Public testimony has been received from many citizens, Port Angeles School District officials, and representatives from the home building and real estate industry. 7. An environmental impact statement on draft Comprehensive Plan policies and alternatives was published on August 6, 1993. Conclusions: A. This preliminary action will provide direction to staff in preparing thc Comprehensive Plan for further review and adoption before the July 1, 1994, GMA deadline. B. This preliminary action is consistent with State legal requirements for review and adoption of the Comprehensive Plan under the Growth Management Act. Adopted by the Port Angeles City Council at its meeting of May 17, 1994. · Sargent, mayo ATTEST:(~ec~ J. Upt~n, City Clerk