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HomeMy WebLinkAboutMinutes 06/05/2007 e CALL TO ORDER- SPECIAL MEETING: Interview Candidates for Vacant Position on Planning Commission ADJOURN SPECIAL MEETING: CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: WORK SESSION: LA TE ITEMS 'TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: e 6081 CITY COUNCIL MEETING Port Angeles, Washington June 5, 2007 Deputy Mayor Williams called the special meeting of the Port Angeles City Council to order at 5:37 p.m. Interview Candidates for Vacant Position on Planning Commission: The City Council interviewed candidates John Smith and Mike Caudill for the vacant position on the City Planning Commission. The special meeting was adjourned at 6:12 p.m. Deputy Mayor Williams called the regular meeting of the Port Angeles City Council to order at 6:19 p.m. Members Present: Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton. Members Absent: Mayor Rogers. Staff Present: Manager Madsen, Attorney Bloor, Deputy Clerk Hagar, G. Cutler, Y. Ziornkowski, T. Gallagher, K. Dubuc, T. Pierce, S. McLain, L. Dunbar, N. West., T. Agesson, S. Johns, and S. Sperr. Public Present: P. Lamoureux, C. Kidd, L. Mahoney, P. Webber, V. Reidel, A. Somers, A. Taylor, R. Flood, S. Flood, F. Stratton, N. DeRousie, F. Burch, V. DelGuzzi, L. Cripe, and K. Morrison. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Braun. None. None. There were no late items added to the agenda. Robert J. Flood, 1434 View Vista Park, located outside the City limits, addressed the limited opportunities to play pickle ball in Port Angeles and asked the Council to consider adding them to parks as plans are made for renovation. Cherie Kidd, 101 E. 101h Street, advised the Council of a proposal for the development of an historic district from the Carnegie Library to the Courthouse. - 1 - I 6082 CITY COUNCIL MEETING June 5,2007 LATE ITEMS TO BE PLACED ON 1:HIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Public Safety Citizen Advisory Board Ordinance No. 3281 Business License Ordinance Compost Sale Price Ordinance Amendment Ordinance No. 3282 Paul Lamoureux, 602 E. Whidby, reminded the Council of the need for an alternate route out of the City in the event of an emergency. e Deputy Mayor Williams referred to Mr. Lamoureux' comments and stated at recent meetings of the CED Committee, discussion was held regarding the need for an alternate route out OftOWll and staff has been directed to look into this more diligently. 1. . Public Safety Citizen Advisory Board: Deputy Police Chief Gallagher gave a brief summary of the issue, stating this Board would be beneficial to Police, Fire and the community. Deputy Mayor Williams conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3281 AN ORDINANCE of the City ofPort Angeles, Washington, creating a Public Safety Advisory Board, and amending Chapter 2.26 of the Port Angeles Municipal Code. Councilmember Headrick moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Braun and carried unanimously. 2. Business License Ordinance: Deputy Mayor Williams read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's licensing and regulation of businesses, and fees associated therewith, and amending Titles 5 and 3 of the Port Angeles Municipal Code. Manager Madsen explained that several issues have arisen within the last 48 hours, ~ll of which need further discussion, research and resolution. Staff recommends taking no action at this time, but to defer this issue to the future. Discussion ensued, with Councilmembers making various suggestions for changes to the Ordinance such as using a sliding fee scale and exempting hobby type businesses. The importance of having a data base with emergency contacts for all local businesses was also stressed. Attorney Bloor stated that staff would like to go back and do further work on the Ordinance in order to resolve the issues recently brought to light. The Ordinance was referred back to staff for further development. 3. Compost Sale Price Ordinance Amendment: Public Works & Utilities Director Cutler provided background information regarding the need to establish a temporary reduction to the compost rates in order to stimulate sales and form a good customer base. He further asked the Council to waive the requirement of a second reading due to time constraints, as the gardening and composting season will end soon. It was moved by Councilmember Munro and. seconded by Councilmember e Wharton to waive the second reading of the Ordinance. Following brief discussion, a vote was taken on the motion, which carried unanimously. - 2- e ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Compost Sale Price Ordinance Amendment (Cont'd) Ordinance No. 3282 Break RESOLUTIONS: PUBLIC HEARINGS - QUASI-JUDICIAL: Morrison Subdivision Ordinance 3283 e CITY COUNCIL MEETING June 5, 2007 6083 Deputy Mayor Williams then read the Ordinance by title, entitled ORDINANCE NO. 3282 AN ORDINANCE of the City ofPort Angeles, Washington, amending Chapterl3.57 of the Port Angeles Municipal Code giving the Director authority to amend rates for Class A Compost. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Petersen seconded the motion, which carried unanimously. Deputy Mayor Williams recessed the meeting for a break at 7:06 p.m. The meeting reconvened at 7:20 p.m. None 1. Morrison Subdivision: Principal Planner West reviewed the 16-lot subdivision containing 15 residential lots and one wetland mitigation lot located in the RS-9 Residential Single Family Zone. He noted that Mr. Morrison has complied with all conditions of the preliminary approval, and the completed work has been accepted by the City's Fire and Public Works & Utilities Departments. Thus, staff feels the developer is entitled to final approval of the subdivision. Mr. Morrison has entered into an agreement with the Army Corp of Engineers due to the designation of one lot as a wetland mitigation lot. Therefore, it is necessary to condition final approval on the concurrent filing of a notice to title regarding the status of the lot. Manager Madsen noted that Mr. Morrison is the first developer in a very long time to actually complete a subdivision without bonding for the completion of the development. Deputy Mayor Williams read the Ordinance by title, entitled ORDINANCE NO. 3283 AN ORDINANCE of the City of Port Angeles, Washington, approving a subdivision known as the Morrison Subdivision. Deputy Mayor Williams opened the public hearing at 7:23 p.m. Craig Ritchie 212 E. 5'h Port Angeles, referred to a letter he wrote to the City dated May 31, 2005, regarding a wetlands study. He felt the subdivision was not in compliance with the Army Corps of Engineers wetlands mitigation requirements and suggested the City Council would be remiss in approving the subdivision. Mr. Ritchie responded to questions posed by the Council, informing the Council that the subdivision should not be approved without proper sign-off from the Corps on the designated wetland and the implementation of a wetland buffer in association with his client's Corps designated wetland located next door to the subdivision. Keli Morrison, 408 E. Scrivner Rd., spouse of the developer, noted that all the requirements of the U. S. Army Corps of Engineers regarding the wetlands had been complied with; the wetlands have been designed and will be built to Army Corps of Engineers specifications. Mrs. Morrison responded to questions posed by the Council, stating she was in receipt of a letter from the Army Corps of Engineers, as well as the Department of Ecology regarding compliance with the wetlands mitigation. There was no further public testimony, and Deputy Mayor Williams closed the public hearing at 7:32 p.m. - 3 - 6084 CITY COUNCIL MEETING June 5, 2007 PUBLIC HEARINGS - QUASI-JUDICIAL: Morrison Subdivision Ordinance 3283 PUBLIC HEARINGS - OTHER: Comprehensive Plan Amendments Ordinance No. 3284 Lengthy discussion was held regarding the wetlands mitigation, and Principal Planner West referred to that part of the packet, which demonstrated the completion of the wetlands. Mrs. Morrison stated the Corps of Engineers has given them two years to _ complete the mitigation of the wetlands. . . Attorney Bloor pointed out that the wetlands is now under the jurisdiction of the U. S. Army Corps of Engineers. As the developer has complied with all City requirements and because the Corps of Engineers has jurisdiction over the wetlands, there is nothing more the City, as an entity, is expecting of the developer. As all of the City's requirements have been met, the City has no basis for delaying or denying the subdivision approval. At the Council's request, Mr. Ritchie again explained his client's concern with the development of this subdivision in regards to the wetland. Following further lengthy discussion and clarification, Councilmember Munro moved to approve the final subdivision by the adoption ofthe Ordinance as read by title, authorizing the Mayor to sign the Morrison final subdivision mylar, citing Condition 1, Findings 1 - 6, and Conclusions 1 - 3. Councilmember Wharton seconded the motion. Councilmember Headrick recused himself from voting on the issue. At that time, Deputy Mayor Williams reminded the Council this is a quasi- judicial matter that is subject to all applicable rules. He stated that he is a realtor, but has no interests in the property under discussion. A vote was taken on the motion, which carried by a maj ority vote, with Councilmember Headrick abstaining from the vote. J. Comprehensive Plan Amendments. Associate Planner Johns reviewed the seven amendments to the City of Port Angeles Comprehensive Plan and Land Use Map proposed as a result of a yearly review. Mr. Johns used slides to demonstrate the land use map as it currently exists and how it will look upon implementation of the amendments. It was noted that these amendments will allow for greater consistency in the zoning of the areas involved. Mr. Johns asked the Council to waive the second reading due to State requirements and adopt the Ordinance citing the Findings and Conclusions supporting the amendment. It was moved by Councilmember Wharton and seconded by Councilmember Petersen to waive the second reading. A vote was taken on the motion, which passed unanimously. Deputy Mayor Williams read the Ordinance by title, entitled ORDINANCE NO. 3284 AN ORDINANCE of the City of Port Angeles, Washington, adopting an updated Comprehensive Plan and Land Use Map. Deputy Mayor Williams opened the public hearing at 8: 12 p.m. Discussion ensued, and staff responded to questions and provided additional clarification regarding the changes to both the Comprehensive Plan and the Land Use Map. There was no public testimony; therefore, the public hearing was closed at 8:21 p.m. Further discussion was held, and, referring to Exhibit "B", Item 3, Councilmember Wharton asked to change the words "waste recycling" to "waste reduction", to which Council and staff agreed. Discussion then centered on the wording of the Parks and Recreation Element, Goal F. Policy 1. It was agreed to change that policy by adding a period after "high quality recreational opportunities" and eliminating the rest of that sentence. Following further discussion, Deputy Mayor Williams again read the Ordinance by title after which Councilmember Munro moved to adopt the Ordinance as relid by title, citing Findings 1 - 7 and Conclusions 1 - 6, supporting amendment of the City's e - 4 - Comprehensive Plan Amendments Ordinance No. 3284 e Break Public Utility Regulatory Policies Act (PURP A) Requirements Capital Facilities Projects (CFP) , '-. ; d" e Meeting Extended Beyond 10:00 p.m. CITY COUNCIL MEETING June 5, 2007 6085 Comprehensive Plan and Land Use Map. Councilmember Petersen seconded the motion. Following limited discussion, a vote was taken on the motion, which carried unanimously. Deputy Mayor Williams recessed the meeting for a break at 8:36 p.m. The meeting reconvened at 8:47 p.m. 2 Public Utility Regulatory Policies Act (PURP A) Requirements: Deputy Director of Power Resources McLain used PowerPoint slides to review the agenda for the hearing, define PURP A, and to describe the Energy Policy Act of2005, as well as the process for considering the new standards. Deputy Mayor Williams opened the public hearing at 8:51 p.m. Mr. McLain continued his presentation, describing the fuel sources and recommendations, and describing net metering. Mr. McLain then deferred to Power Resource Manager Dunbar, who reviewed time-based metering and communications. Mr. McLain returned to the podium to provide additional information as requested. He noted that this item had been open for written comments; however, none were received. There being no public testimony, the public hearing was continued to June 19,2007. Mr. McLain noted that this item could be further discussed at the upcoming Utility Advisory Committee meeting if desired. 3. Capital Facilities Projects (CFP): Manager Madsen asked that the public hearing be opened prior to staffs presentation to allow a member of the audience to address the issue. Deputy Mayor Williams opened the public hearing at 9: 11 p.m. Laurel Cripe, 116 W. 12th St., President of the Port Angeles Tennis Club, spoke in support of the Erickson Tennis Court renovations, noting the health and exercise benefits of this sport for people of all ages. She reminded the Council that construction bids for this project will be presented at the next meeting. Councilmember Munro understood this item will be on the agenda of the next Parks and Recreation Commission meeting. He stated that two bids have been received on the project, which were higher than anticipated. A recommendation from the Committee will be presented at the next Council meeting, Director Cutler then used PowerPoint slides to review the Capital Facilities Plan and Transportation Improvement Plan projects status, listing those projects that have already been completed and those that are still ongoing. \' " At Councilmember Petersen's request, Director Cutler reviewed the method used for prioritization of the various projects. He reminded the Council that this is a six-year plan, so even though no new proj ects will be undertaken for this year, Council and staff must plan for the future and decide which grants should be sought. Director Cutler then briefly displayed slides demonstrating the various projectsunder consideration for future implementation and responded to questions posed by the Council. The public hearing was continued to June 19,2007. A motion was made by Councilmember Braun and seconded by Councilmember Wharton to extend the meeting past 10:00 p.m. The motion carried by a vote of 3 - 2, with Councilmembers Petersen and Braun voting in opposition and Deputy Mayor Williams abstaining. - 5 - 608~ CITY COUNCIL MEETING June 5, 2007 OTHER CONSIDERATIONS: Appointment to Planning Commission FINANCE: Washington State Department of Transportation (WSDOT) Contribution CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: J. Appointment to Planning Commission: The Council considered an appointment to the Planning Commission to fill the vacancy ,created by the resignation of Commissioner Kevin Snyder. A roll call vote was conducted by Deputy Clerk Hagar. Deputy Mayor Williams and Councilmembers Braun, Headrick and Petersen cast ballots for Mr. Caudill, and Councilmembers Munro and Wharton cast ballots for Mr. Smith. Mr. Caudill, therefore, was appointed to the Planning Commission for the unexpired term ending February 28, 2011. e J. Washington State Department of Transportation (WSDOT) Contribution: Director Cutler announced the City had been successful in obtaining a grant for the design and upgrade of a traffic signal at First and Peabody Streets. The estimated cost of the improvements is $75,000, therefore, the City's portion would require $25,000 from the Transportation Improvement Board funds allocated to the Gateway Project. WSDOT has conditioned the grant upon a City commitment to complete the proj ect by June 30,2009. Councilmember Petersen moved to accept the WSDOT grant in the amount of $50,000 for the design and upgrade of the traffic signal at First and Peabody and authorize the Mayor to sign the State Participating Agreement. Councilmember Braun seconded the motion, Following brief discussion, a vote was taken on the motion, which carried unanimously Councilmember Munro moved to accept the Consent Agenda, to include: 1.) City Council minutes dated May 15, 2007; 2.) Renewal of Interagency Agreement for Electronic Home Detention; and 3.) Expenditure Approval List: 5/5/07 - 5/25/07 - $2,591,771.35. The motion was seconded by Councilmember Wharton and carried unanimously. Manager Madsen had nothing to highlight on the City Manager report. Based on input from Attorney Bloor, Deputy Mayor Williams announced the need for an Executive Session for approximately 10 minutes under the authority of RCW 42.30.110(1 )(b), real estate; with possible action to follow. The Executive Session convened at 10:20 p.m. and, at 10:30 p.m., the Executive Session was extended for approximately 15 minutes by announcement of the Deputy Mayor. The Executive Session concluded at 10:44 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 10:44 p.m. e - 6-