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HomeMy WebLinkAboutMinutes 06/15/1999 3995 CITY COUNCIL MEETING Port Angeles, Washington June 15, 1999 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING: 5:30 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Interim Manager Piths, Attorney Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, T. Smith, T. O'Neill, P. Rasler, D. Madison, D. Dombrowski, E. Benedict, G. Kenworthy, T. Riepe, and J. Hicks. Public Present: L. Lee, J. Beckham, K. Schmidt, T. Woody, F. Welton, J. Michalczik, J. & A. Nichols, R. Corman, Jr., B. Phillips, C. Hulse, L. Perrizo, B. Philpott, G. Neske, J. Pennington, J. Floyd, and A. Duran. ADJOURN TO The meeting adjourned to Executive Session for approximately one half hour to discuss EXECUTIVE SESSION: a matter of labor negotiations and potential litigation. RETURN TO OPEN The meeting returned to open session at 6:07 p.m. SESSION: CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR SESSION: 6:07 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Braun. ALLEGIANCE: CEREMONIAL 1. Swearing in of New Police Officer David Dombrowski MATTERS/ PROCLAMATIONS: Deputy Chief Riepe introduced Officer Dombrowski and informed the Council that he had graduated fifth in a class of 31 at the State Police Academy. Mayor Braun Swearing in New administered the oath of office to Officer Dombrowski. Police Officer WORK SESSION: 2. Presentation by Promus Hotel Presentation by Interim Manager Pittis introduced Mr. Troy Woody of Promus Hotels (DoubleTree), Promus Hotel 221 North Lincoln Street, who introduced Frank-Welton, Vice-President and Managing Director for the Western Washington region. Mr. Woody then gave a slide presentation demonstrating the history of the Promus Hotels and reviewing the status and success of the Company. Mr. Woody explained why he thought past endeavors to obtain a convention center in Port Angeles have failed and why the Veto Burton Memorial Center is inadequate for 3996 CITY COUNCIL MEETING June 15, 1999 WORK SESSION: conference use. (Cont'd) He described the DoubleTree in Port Angeles, reviewed its history, and noted that Presentation by significantly less capital investment would be required to convert the hotel to a Promus Hotel (Cont'd) convention center as opposed to constructing a new facility. Current market projections were performed and compared to the 1997 study rendered on behalf of Shilo Inns, which showed Promus to be on target. Groups of between 200 and 400 have been targeted as possible facility users. Mr. Woody reviewed the community benefits, to include continued revitalization of thc downtown waterfront,. increased ~affic and exposure for future tourism, as well as economic development. This would lead to an increase in employment and the tax base. Mr. Woody reviewed revenue projections and financial analyses for the City, based on the 1997 Chamber study. He stated anticipated revenues in the marketplace would be $1.3 million, bringing an increase in sales tax revenue of $36,000. An increase in utility consumption because of the conference center could generate $15,000 in utility sales. Mr. Woody reviewed the reasons Promus Hotels could be effective in realizing and managing a successful conference center in Port Angeles. Mr. Woody described proposed cost sharing with the City of Port Angeles: funding the design of the facility, permits and environmental impact studies, building of the facility and modifications to the existing kitchen, purchase of start-up equipment, and support of a city-wide shuttle service to transport guests to other hotels during conventions. He described modifications which would be required to change the hotel into a conference center and why they were necessary. Mr. Woody reviewed details relative to the cost analysis, noting that the Promus Hotels was very excited about a potential parmership with the City of Port Angeles which would be fiscally responsible for both parties. The new facilities would allow for the increase of sales for many local businesses during the shoulder and offseason periods. Mr. Woody informed the Council there have been six questions he has been typically asked, which he reviewed in detail. Councilman Wiggins asked if the Promus organization has entered into other parmerships such as that being sought here. Frank Welton, Promus Hotel Corp., 246 219th Way, Redmond, Washington, stated that Promus is currently working with the City of Phoenix, AZ; Sacramento, CA; and has made arrangements in Modesto, CA. The difference, in this case, is that Promus already owns the land. Mr. Welton explained that other conference centers managed by Promus are operated under a management agreement wherein the City owns and Promus operates the facility, taking in all the revenues and paying the City a commission. The City would be required to pay all maintenance, capital upkeep, utilities and other operating expenses. Another option might be for Promus to own the building and assume all liabilities. Interim Manager Pittis reminded the Council that this was a work session item and not open to public comment at this time. However, a number of letters have been received on this concept, some positive and some negative. Interim Manager Pittis suggested this be referred to the Port Angeles Works! Committee and possibly the Lodging Tax Committee for review. A method of evaluating this proposal can be brought back to a future meeting, which would also allow for public comment. At that time, Council can decide whether it wishes to proceed or not. Councilman Campbell felt a consensus of the Council was needed to direct staff to follow up on the proposal, perform due diligence and investigation, obtain community input, and bring a proposal back for further evaluation. Councilman Doyle agreed and felt further investigation was necessary to discover all the ramifications of financing the project and compare benefits vs. costs to the City. He also felt follow-up should occur regarding the possibility of having a joint partnership with Promus and the City both -2- 3997 CITY COUNCIL MEETING June 15, 1999 WORK SESSION: committing funds. CoUncilman Doyle did not think the extra 2% room tax generated (Cont'd) by the conference center would be sufficient to pay a $1 million loan. Presentation by Discussion followed, and Messrs. Woody and Welton responded to questions and Promus Hotel (Cont'd) provided clarification. CoUncihnember McKeown, echoed the feelings of Councilmen Campbell and Doyle; she felt that a conclusion could be reached on this issue', however, much more information is needed. CoUncilmember McKeown also suggested that Downtown Forward be involved in this consideration as well. Councilman Wiggins emphasized that a time frame should be established, and perhaps Tim Smith, Economic Development Director, should be in charge to.ensure an answer is given to Promus in a timely fashion. Interim Manager Pittis agreed with CoUnciknembers Wiggins and McKeown regarding a time frame and adding Downtown Forward as part of the work team for this enterprise. Mayor Braun asked Interim Manager Pittis to start work toward establishing proposed guidelines and an activity schedule regarding this proposal for discussion at the next Council meeting. Mayor Braun thanked Messrs. Woody and Welton for their time. LATE ITEMS TO BE Councilman Wiggins noted Council had received a letter from Family Planning PLACED ON THIS OR regarding the need for a male educator in the middle schools; he felt this was an FUTURE AGENDA: important issue. Councilmember McKeown heartily agreed, as prevention is the key. Councilman Wiggins will invite a representative from Family Planning to the next Council meeting to discuss the issue. FINANCE: 1. Consultant Contract for Gateway Project Consultant Contract for Mayor Braun reviewed the information provided by the Public Works Department and Gateway Project asked Interim Manager Pittis for additional information. Interim Manager Pittis noted corrections had been made on Pages 5 and 6 of the letter from Merritt+Pardini, resulting in a slight increase to the cost. It was stafI's recommendation that the "not to exceed" dollar value for the contract be $677,000 rather than $ 673,691. Interim Manager Pittis reviewed the contents of the packet on this matter, explaining why the contract was different from others performed in the past. Interim Manager Pittis stated the agreement is currently under legal review by the City Attorney, as well as an attorney consultant, and by Attorney Craig Miller on behalf of Clallam Transit. Public workshops will be held in July and, with Council's concurrence, staff can begin the public relations work necessary to advise the public. Discussion followed, and Interim Manager Pittis and City Engineer Kenworthy responded to questions and provided clarification. Councilman Wiggins moved to authorize the Mayor to sign an agreement consistent with the proposed scope, subject to the City Attorney's approval, with the negotiated fee not to exceed $677,000. Councilmember McKeown seconded the motion, which carried unanimously. Break Mayor Braun recessed the meeting for a break at 7:10 p.m. The meeting reconvened at 7:17 p.m. PUBLIC HEARINGS - Close Out of Community Development Block Grant for Housing Rehabilitation Project OTHER: Phase III Housing Rehab - Phase III Mayor Braun reviewed the information provided by the Public Works Department, and Property Manager Madison provided further information. Mr. Madison introduced Carolyn Sparkman of CommUnity Action, who has been the acting administrator of this program. -3- 3998 CITY COUNCIL MEETING June 15, 1999 PUBLIC HEARINGS - Carolyn Sparkman, 122 Mt. McDonald Rd., distributed to the Council pictures of OTI-IER: houses which have been rehabilitated through this program. Phase III of the project has (Cont'd) been a great success, with 60 households representing 132 individuals served. There were 28 home repairs, 40 health and safety emergency repairs, and 16 handicapped Housing Rehab - Phase III accessibility projects. Thirty-six disabled individuals received help during this phase, (Cont'd) far more than the previous two. Ms. Sparkman described the types of repairs provided by this program and stated the people assisted were both physically and financially incapable of doing the repairs themselves. Ms. Sparkman reviewed the pictures and described the work performed, which made homes more handicapped accessible thanks to this program. Mayor Braun opened the public hearing at 7:25 p.m. There was no public testimony, and Mayor Braun closed the public hearing at 7:25 p.m. Councilman Doyle moved to close out Phase III of the Community Development Block Grant and authorize the Mayor to sign the Grantee Performance Close-Out Report. Councilman Campbell seconded the motion, which carried unanimously. PUBLIC HEARINGS - 1. Final Assessment - Golf Course Road Sewer ULID 215 QUASI JUDICIAL: Mayor Braun reviewed the information provided by the Public Works Department and ULID 215 Final asked Interim Manager Pittis for additional input. Interim Manager Pittis noted a Assessment correction to the third recommendation in that the connection charge ordinance, if established, would be for outside the ULID and any subsequently subdivided lots or added connections. At Interim Manager Pittis' request, City Engineer Kenworthy informed the Council of the method used to develop the assessment and how he arrived at the costs and distribution amounts. Mr. Kenworthy explained that, by spreading the cost of the ULID over the number of actual hookups and the number of anticipated future hook ups, the £mal assessment was reduced from $11,362 to $7,101. He realized this was still a significant increase; however, it did represent the actual cost of the project. Mr. Kenworthy reviewed the process of developing the sewer assessment method. Interim Manager Pittis introduced Mr. David Thompson, Bond Counsel for the City. David Thompson of Preston, Gates & Ellis, 701 Fifth Ave., Suite 5000, Seattle, Washington, emphasized that only those property owners who had filed with the City Clerk a written objection to the ULID could speak tonight. Written objection could still be handed to the City Clerk at this time in order to address the Council. Mr. Thompson presented the legal background regarding ULIDs and the Council's role in reviewing the final assessment role and the options available. Attorney Knutson announced that a court reporter was present to assure a record of all public comments made. He stated that a brief, hand written statement of objection would suffice prior to giving verbal comments. Mr. Thompson clarified that property owners who had filed a written objection were not required to speak tonight, as the objection has been placed before the Council as a result of being filed; however, they may speak if they wish. Mayor Braun opened the public hearing at 7:43 p.m. Fritz Conrad, 1921 E. Maddock Rd., stated he had written his objections and would not elaborate. However, he did wish to stress that he did not believe the assessment improved his property to the extent charged. Dottie Foster, 1840 Woodhaven Lane, hoped that those who have been given the extra assessments were not scapegoats to cover the extended costs, as the timing of the sewer installation was not their problem to begin with. She stated her property had no -4- 3999 CITY COUNCIL MEETING June 15, 1999 PUBLIC ItEARINGS - potential for development when the building permit was applied for, and this fact was QUASI JUDICIAL: made clear at that time. The property can never be subdivided at this point, and she (Cont'd) would not benefit from a second sewer hook up as it would not add any value to her property. ULID 215 Final Assessment (Cont'd) Councilman Wiggins asked if the issue of placement of Ms. Foster's home on the property came up before or after the assessment roll. Mr. Kenworthy responded the house was not constructed when the preliminary estimate was formulated. He agreed that a large house was constructed on that lot, which could affect staff's thinking on this point. Ms. Foster indicated that she and her husband had sent Mr. Kenworthy a letter regarding the nonsubdivision of their property, and his response at that time was that he did recommend one connection. Dean Benson, 1830 E. Woodhaven, advised the Council he had two lots on Woodhaven, with a home on one lot. He agreed with the assessment for one hookup on that lot. However, after the project was completed, he purchased a second lot with three hook ups. This particular piece of land is not subdividable according to Municipal Code; therefore, he could only put one house on the property. The additional two hook ups are of no benefit, unless the road is changed from a City road to a private road,. which he did not foresee. Joanie Pennington, 4912 Columbus Ave., Bellingham, spoke on behalf of Mary Neske, 1120 S. Golf Course Road. She noted a letter had been sent from Mrs. Neske's attorney, and she noted some corrections, such as the parcel is five acres as opposed to ten. Ms. Pennmgton stated the family had concerns, as the property was purchased in 1951, and it was never intended to be developed. A home was built, and the land was used as a mini-farm. The concern is that the assessment is based on ten lots. Ms. Pennington then offered to read aloud the letter from the attorney. Attorney Knutson noted this was not necessary, as the Council had been provided with copies. Ms. Pennington noted that anywhere in the letter that reference is made to ten acres should be changed to five acres. She stated this property is open space, and nine hook ups are of no use. Mrs. Neske is on a fixed income, and the family does not want the property lost due to this assessment. Gary Neske, son of Mrs. Neske, stated he has spoken to various staff members several times over the past five years. Recently, the proposed building of a substation was discussed, and residents of the area need to know if this area is partly wetlands and how the substation might affect people living next to it, etc. He felt that, due to recent developments, the residents need more time to look into these improvements. As it stands now, his mother would be responsible for 1/7 of this project, or $71,000. The intent was never to develop the land. Mr. Neske went on to give a brief history of how the need for the sewer project transpired. Lance Ruddick, 1937 E. Maddock Road, stated he had purchased his home last year. At that time, he had been told of the sewer line going in and an assessment being levied. Mr. Ruddick called the City to ask the amount of the assessment and was told it would be about $4,000. The assessment is now 130% over the cost of the original project. Mr. Ruddick stated he has one and one-half acres with a septic system over a gravel pit. He could not see the need to ever replace the septic system. If the property below him is developed, he would lose his view which decreases his property value. He did not 'feel it fair that a project that was voted on at $4,000 per hook up should be raised to $11,000 per hook up. He felt someone should have stopped the project, looked at it, and decided to move on it in the summer. He did not believe the sewer hook up would raise his property value if the land below him is developed. Councilman Hulett asked Mr. Ruddick if he was sure his assessment was $11,000, as Council's paperwork noted it at $9,878. Mr. Ruddick stated his preliminary said -5- 4000 CITY COUNCIL MEETING June 15, 1999 PUBLIC HEARINGS - $4,700, and the last report was $11,362 per lot, which was reduced to $7,100. He felt QUASI JUDICIAL: it was outrageous that no one stopped a project that went from $4,700 to $11,000. (Cont'd) Mr. Ruddick stated it was outrageous to run a sewer on property that is mostly ULID 215 Final undevelopable and has a 30% grade. City staff has estimated 45 additional hook ups Assessment (Cont'd) are possible. Mr. Ruddick felt that could only be accomplished if the sewer line is run up another hill to reach beyond Maddock Rd. At that point, he would have to put in a pump station to pump up to the sewer line, while the people across the street are uphill and would only have to run a line, yet they are not part of the ULID. There was no further public testimony, and Mayor Braun closed the public hearing at 8:00 p.m. Interim Manager Piths suggested that, based on the written and verbal testimony received, the Council consider sending this item back to staff to consider the issues presented with a report being brought back to a future meeting. Councilman Doyle moved to refer this issue back to staff to consider written and oral testimony. Councilman Wiggins seconded the motion. Councilman Doyle suggested staff meet with those residents who have provided written testimony in order to get closer to their concerns. Mayor Braun agreed and felt all interested parties should be kept advised of the progress on this issue. Interim Manager Piths reminded the Council that the assessments can be reduced; however, they cannot be raised without another public hearing and individual notices sent. A vote was taken on the motion, which carried unanimously. Mayor Braun thanked all those who testified this evening. Comprehensive Plan 2. Comprehensive Plan Amendments - CPA 99-01 Ordinance No. 3021 Mayor Braun reviewed the information provided by the Planning Department and asked Director Collins for additional input. Director Collins explained that this amendment contains four areas of revision, the basis of which he described. He pointed out that the maps mounted behind Council represented the four areas under discussion. . Referring to the Ordinance on Page 131 of the packet, Director Collins noted that staff would like to make a change which would address some of the County's concerns regarding this amendment. On Page 2, the phrase".., directed the Planning Director to request that the Board of Clallam County Commissioners amend... "be amended to read".., directed the planning Director to make application to the Board of Clallam County Commissioners to amend... ". Director Collins reminded the Council that the City and County Comprehensive Plans can only be changed once a year. The City's process begins in March, with a decision made in June. The County's process begins in January, with a decision made in the Spring. Therefore, the City's process is preceding the County's process, which is the correct procedure. Director Collins reviewed the information contained in the packet and the steps taken to get to this point. Discussion followed, and Director Collins responded to questions and provided additional clarification. Councilman Campbell asked if, in order for the City to recommend that the Urban Growth Boundary be moved, would it be compatible with the City's Comprehensive Plan, or could the City recommend the County move the boundary without changing the City's plan. Director Collins and Attorney Knutson responded. Attorney Knutson noted that the Council does not have to amend the Comprehensive Plan in order to ask the County Commissioners to initiate an amendment to the UGA; the Planning Commission has recommended the amendment to the Comprehensive Plan as a way of starting that process. The Planning Commission made the recommendation because the City received a request from a property owner who wants the UGA extended. Attorney Knutson stated that the attorney for the property owner is present and would address the Council during the public hearing. At Councilman Doyle's request, Director Collins reviewed a previous year's proposed -6- 4001 CITY COUNCIL MEETING June 15, 1999 Comprehensive Plan Comprehensive Plan Amendment and explained why, in the current case, the applicants Ordinance No. 3021 could not pursue a Comprehensive Plan Amendment with the County. (Cont'd) Councilman Campbell questioned why the County was in opposition to the CPA 99- 0lC amendment, and Director Collins responded. Discussion proceeded, and Director Collins continued to provide clarification. Mayor Braun opened the public hearing at 8:32 p.m. Craig Miller, 230 E. Fifth Street, representing Michelle and Norbert Juhasz, spoke regarding application CPA 99-01C, the UGA eastem boundary. Mr, Miller stated he agreed with the recommendation of the Planning Commission and urged the City Council to adopt that amendment. Mr. Miller stated he has observed planning efforts going into the Deer Park Gateway Project. This project will create the gateway to Port Angeles, but it lies outside the City's growth area, which he felt to be ironic. Mr. Miller noted that if the City waits for the County to amend its Comprehensive Plan before acting on this amendment, it would postpone the change for another year. He suggested that, if the Council agrees to this amendment, it should state that if the County agreed to amend its Comprehensive Plan, the City's amendment would also be considered passed so the applicants do not have to repeat this process. Mayor Braun asked for counsel's opinion on Mr. Miller's suggestion. Attorney Knutson stated he had no problem with the suggestion, and the Council could either draft language to this regard immediately, or staff could bring it back to a future meeting. Director Collins stated this could be handled in the same manner as the original Plan. If the County adopted the change, the language already in place has the same effect on the City's Comprehensive Plan. Some administrative language corrections can be made to replace words such as "proposed revision," but he did not feel it would affect an applicant in the County's jurisdiction. Mr. Miller felt that Director Collins' comments addressed his concerns, and he thanked the Council for its time. Andy Duran, 132 S. Ridgeview Drive, Four Seasons Ranch, had concerns before tonight's meeting. He felt that Attorney Knutson, Director Collins, and Attorney Miller had clarified many aspects for him. He stated that, if the City approves the application for development on the bluff, it was his hope that measures would be taken to protect the Four Seasons Ranch community. Councilman Wiggins asked if the Four Seasons community would benefit if the City managed the development there. Director Collins stated the City would be managing the development if the area is annexed to the City. Until the area is annexed, the County would be determining the development/permitting review process. For developments that occur in the UGA, the County should coordinate review of the permits with the City, thereby allowing the City the opportunity to comment. Mr. Duran again stressed he was simply concerned with environmental protection of the Four Seasons community and was glad to see development occur. He thanked the Council for the opportunity to comment. At Councilman Williams' request, Director Collins provided further information regarding the development and enforcement of regulations in the UGA. Councilman Williams asked staff for a report on standards enforced in the UGA as compared to City standards. There was no further testimony, and Mayor Braun closed the public hearing at 8:47 p.m. and read the Ordinance by title, entitled -7- 4002 CITY COUNCIL MEETING June 15, 1999 Comprehensi~:e Plan -. ORDINANCE NO. 3021 Ordinance No. 3021 (Cont'd) AN ORDINANCE of the City o£ Port Angeles, Washington, amending Ordinance 2818 as amended and the Comprehensive Plan by reclassifying a public housing area south of Lauridsen Boulevard at Francis Street £rom low to medium density residential, by updating the circulation plan map that identifies street classifications, by proposing a revision of the City's east urban growth boundary, and by revising the City's Planning Areas to align with census tract boundaries. Clerk Upton asked to have Director Collins reiterate the change to the Ordinance, and Councilmember McKeown moved to adopt the Ordinance as read by title, including the corrections as noted by the Planning Director, citing Item C Findings 1 - 15 and Conclusions A - H as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion. Brie£ discussion £ollowed, and Councilman Williams stated he would vote £or the amendment; however, he had severe reservations regarding extension of the urban growth boundary as there may be jurisdictional conflicts. A vote was taken on the motion, which Carried unanimously. City Arterials Ordinance Designate'ag City Arterials Ordinance No. 3022 Mayor Braun reviewed the information provided by the Public Works Department. Gary Kenworthy, City Engineer, distributed maps which demonstrated the streets to be classified. At Interim Manager Pittis' request, Mr. Kenworthy described thc changes contained in the amended ordinance and explained why they wcrc necessary. Discussion ensued, and Mr. Kenworthy and Interim Manager Pittis responded to questions and provided clarification. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3022 AN ORDINANCE o£ the City of Port Angeles, Washington, updating the classifications and designations of City streets, repealing Ordinance 1928, and adopting a new Chapter 11.02 o£the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion. Following limited discussion, a vote was taken on the motion, which carried unanimously. Director Collins noted that the Findings and Conclusions adopted £or Ordinance 3021 only covered Item C. Findings and Conclusions also required adoption for Items A, B, and D as well. For Item A, they are Findings 1 - 9 and Conclusions A - F on Pages 145 - 146; Item B - Findings 1 - 5 and Conclusions A - F on Pages 147-148; Item D - Findings 1 - 12 and Conclusions A - F on Pages 152 - 154. Attorney Knutson noted Councilmember McKeown could amend her motion to include the above. Councilmember McKeown moved to amend the motion as stated, and' Councilman Hulett as seconder of the motion agreed. A vote was taken on the motion to amend, which carried unanimously. Break Mayor Braun recessed the meeting for a break at 9:05 p.m. The meeting reconvened at 9:20 p.m. -8- 4OO3 CITY COUNCIL MEETING June 15, 1999 CONSENT AGENDA: Councilmember McKeown noted she would not vote on the minutes of May 26, 1999, as she was not in attendance. Councilman Doyle moved to accept the Consent Agenda, including: 1) City Council minutes of May 26 and June 1, 1999; 2) Authorization to conduct feasibility study for fiber optics; 3) Travel authorization - Finance; and 4) Check list - June 10, 1999 - $1,272,812.99. Councilman Campbell seconded the motion. Councilman Campbell commented on the importance of the telecommunications and fiber optics opportunities for Port Angeles. Brief discussion followed, and staff responded to questions regarding the check list. All Council members voted in support of the motion, with the exception of Councilmember McKeown, who abstained. Because abstentions are counted as affirmative votes, the motion carried unanimously. CITY COUNCIL Councilman Williams reported he attended a meeting of the Blue Ribbon Commission COMMITTEE on Transportation where the announcement was made that the Department of REPORTS: Transportation had decided not to impose tolls on the Hood Canal Bridge as a result of the repair project. He encouraged Interim Manager Pittis to follow up with a letter seeking confirmation of the announcement. Councilman Wiggins reminded the Council that the Law Enforcement Advisory Committee had made a recommendation relative to gun safety. He noted that he had discussed the issue with Attorney Knutson and found that the City has no right to deal with this issue as a City. Councilman Wiggins stated he and Director Collins had met with the Bay Loop Neighborhood Association regarding annexation. A survey had been circulated, and most of those who responded opposed annexation to the City. Interim Manager Pittis stated he had also held discussion with this group in the past. He felt dialogue should be continued and the door remain open to future possibilities. Brief discussion followed regarding improving the entrance to the City. Councilman Wiggins stated he would look into making improvements, such as trees, without spending a lot of money. Interim Manager Pittis noted this could be a part of capital facilities projects, and a report can be brought back to the Council in the future. Council agreed. Councilman Hulett reminded the Council that it had been suggested the City newsletter be sent to the residents in the UGA. This will give them a better feel for what is going on in the City and how it can benefit them to be a part of the City. Ordinances Not Requiring Public Hearings - None. Resolutions Not Requiring Public Hearings: None. SCADA System Contract Other Considerations 1. Contract to Develop and Purchase SCADA System for Water Utility Mayor Braun reviewed the information provided by the Public Works Department, and Interim Manager Pittis provided additional information, asking that the words "in an amount not to exceed $100,000" be added to staff's recommendation should Council vote to approve this contract. Councilman Campbell moved to authorize the Mayor to sign a contract with S & B, Inc. for the hardware, software, and installation of a water SCADA system in an amount not to exceed $100,000. Councilman Doyle seconded the motion, which carried unanimously. Contract to Purchase 2. Contract to Purchase SCADA Software for WWTP SCADA Software Mayor Braun reviewed the information provided by the Public Works Department, and Interim Manager Pittis provided additional information, which he provided. -9- 4004 CITY COUNCIL MEETING June 15, 1999 Contract to Purchase Councilman Williams moved to authorize the Mayor t° sign a contract with S & SCADA Software B, Inc. in the amount of $19,530. Councilman Wiggins seconded the motion, which (Cont'd) carried unanimously. TOPS Testing at Landfill 3. Permission to use Landfill for Testing TOPS Process Mayor Braun reviewed the information provided by the Public Works Department. Discussion followed, and Interim Manager Pittis responded to questions and provided clarification. Councilmember McKeown expressed concern over the cost of this project to the City. Interim Manager Pittis replied that the largest exposure would be failure to remove the facility from the landfill, and he felt Attorney Knutson could add a provision to the contract guaranteeing removal. Discussion ensued, and Attorney Knutson explained that a bond or deposit amount could be specified in the contract to cover removal of the system if necessary. Councilman Doyle gave a brief synopsis of the TOPS presentation given at the UAC meeting and explained why the UAC felt a positive recommendation was appropriate. Councilman Campbell noted that he had spoken to staff at the Olympic Air Pollution Control Authority (OAPCA) regarding this project. The OAPCA has a policy of not permitting test facilities for the very reason Councilmember McKeown has raised. Howev.er, he noted OAPCA staff is working with Mr. Possinger and Mr. Sanderson to find a way to allow testing of the TOPS process. Councilman Campbell moved to authorize the Mayor to sign an agreement to approve the use of the Port Angeles Landfill for conducting testing of the TOPS process using municipal solid waste, subject to review and approval of the agreement by the City Attorney, and with the stipulation that a bond or some mechanism for covering removal costs be required. Councilmember McKeown seconded the motion, which carried unanimously. Baron Property Lease 4. Renewal of Property Lease to Baron Mayor Braun reviewed the information provided by the Public Works Department, and Don Madison, Property Manager, provided additional input. Councilman Hulett asked why the City did not sell this property, and Mr. Madison explained that it is part of the City's watershed for Morse Creek. Following further discussion regarding whether or not the land could be developed, Councilman Wiggins moved to authorize the Mayor to sign the renewal of the lease agreement with Joseph Baron on behalf of the City. Councilman Doyle seconded the motion, which carried unanimously. INFORMATION: City Manager's Report Interim Manager Pittis noted several additions to the meeting calendar. There is a meeting with the PUD on June 16, 1999, at 1:00 p.m. or 1:30 p.m. at City Hall. Fiber optics will be discussed. Also, the Mayor received a request from the Lower Elwha Tribe to attend a meeting on June 30, 1999, from 4:00 p.m. to 5:30 p.m. at the Lower Elwha Housing Authority Conference Room. The 2020 meeting has been changed to Thursday, July 1, 1999, 7:00 p.m., at the DoubleTree Inn, and a special WRIA meeting will be held on June 24, 1999, 10:00 a.m. in City Hall. Interim Manager Pittis briefly reviewed the information contained in the packet on position justifications, status and cost of storm damage slide repairs, sales tax report, Lodging Tax Committee, and pre-design report for Port property by the airport. Interim Manager Pittis informed the Council that, while he attends the AWC Conference in Wenatchee, Attorney Knutson has consented to be in charge. A request has been received from the DoubleTree to hold a beer garden on Hollywood Beach. Interim Manager Pittis noted this is not consistent with the City's ordinance, - 10- 4O05 CITY COUNCIL MEETING June 15, 1999 City Manager's and staff will advise them that this cannot be allowed. Report (Cont'd) Interim Manager Pittis noted that staff has worked with the State regarding the water problem on Old Joe Road. The State will be responsible for seeing to the closing of three water connections. The City will operate a parallel system until the State closes them for occupancy or they move over to the new water system. ADJOURNMENT: The meeting was adjourned at 10:05 p.m. 7B~- ~._7~, Cit~ Clerl~. +ry BrtiCan, M~r~ ' --' Carol A. Hagar, Deputy -11- 4006 THIS PAGE INTENTIONALLY LEFT BLANK 4007 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE PLAN AMENDMENT - CPA 99-0 I(A) - Amendment to the Housing Authority Property, 2600 Block Francis Street. Based on the information provided in the May 26, 1999, StaffReport for CPA 99-01(A), (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. All information provided in the May 26, 1999, Staff Report for CPA 99-01(A), (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation have been considered in this decision and is considered a part thereof. 2. This proposal to amendment the Comprehensive Plan Land Use Map from LDR to MDR applies the Clallam County Housing Authority development in the 2600 block of South Francis Street shown on a map (Attachment A). 3. The subject area has been designated Low Density Residential (LDR) and zoned as Single Family Residential RS-7. 4. The Mt. Angeles View site has an office and resident service center and multiple family housing units that have existed and have been in operation without interruption for approximately 50 years (prior to the City of Port Angeles adopting zoning and a comprehensive plan for the subject area). 5. The existing land use in the subject area and surrounding areas are as follows; subject area: multiple family residences and auxiliary Housing Authority facilites and services north and west: single family residences east: Peabody Creek Ravine and single family residences and church south: Olympic National Park headquarters 6. The SEPA Responsible Official issued a Determination of Non-Significance (DNS) on May 18, 1999. This action fulfills the City's responsibility under SEPA. 7. Public notice was provided by legal notice published in the Peninsula Daily News and posted at the site. 8. The Comprehensive Plan Goals and Policies idenitified as being the most relevant to the proposal were Growth Management Element Goal A, Policis A 1, 2, and 17, Objective A 1, Land Use Element Goal A, and Housing Element Goals A-B. 4008 CPA 99-01(A) Findings and Conclusions Page 2 9. The population growth in Clallam County has exceeded the forecasts from the State Office of Financial Management since the Growth Management Act was enacted. If growth is directed to the County's urban growth areas, the City should plan to maintain exiisting residential neighborhoods and to accommodation new residential development in urban growth areas adjacent to the East, South Central, and Southwest Planning Areas. Conclusions: Based on the information provided in the May 26, 1999, StaffReport for CPA 99-01(A), (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes the following: A. The proposed land use redesignation recognizes the historic and current use and will encourage the availability of affordable housing to all economic segments of the population., promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. B. The City has promulgated regulations to protect private property rights. The proposed land use redesignation will acknowledge the historic and current use and allow accessory uses that the public housing activity to occur on their site as developed. C. The proposal is consistent with the annual review of the City's Comprehensive Plan. D. The land use redesignation support the existing and planned land use development of the City. E. The proposed amendment is consistent with the goals and policies of the Comprehensive Plan, specifically those listed in Finding 8. F. The land use redesignation is consistent with the Comprehensive Plan policies and in the public interest. Adopted by the Port Angeles City Council at its meeting of June 15, 1999. Gary ~Braun, Mayor B~ck~ ~. Up~n~ Cie k - 40,q?,, Exhibit "B FINDINGS AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE PLAN AMENDMENT - CPA 99-01 (B) - Amendment to Circulation Plan Map. Based on the information provided in the May 26, 1999, Staff Report for CPA 99-01 (B), (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. All information provided in the May 26, 1999, Staff Report for CPA 99-01 (B), (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation have been considered in this decision and is considered a part thereof. 2. This proposal applies city-wide, and the street reclassifications are shown on a map (Attachment A) and listed in a draft ordinance (Attachment B). The proposed amendments have already been approved in the Transportation Services and Facilities Plan. 3. The SEPA Responsible Official issued a Determination of Non-Significance (DNS) on May 18, 1999. This action fulfills the City's responsibility under SEPA. 4. This is an areawide Comprehensive Plan Amendment, and public notice was provided by legal notice published in the Peninsula Daily News. 5. The Comprehensive Plan Goals and Policies idenitified as being the most relevant to the proposal were Growth Management Element Goal A, Policis A 1, 2, 5, 6, 12, 13, 14 ,15 17, Objective A 1, Land Use Element Goal A, Transportation Element Goals A-B, Capital Facilities Element Goal A and Policies A 3 and A 5. Conclusions: Based on the information provided in the May 26, 1999, StaffReport for CPA 99-01(B), (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes the following: A. The proposed street reclassifications recognize the existing and planned development patterns and are supported by land use and transportatioln policies. B. Urban services/facilities will be planned through the City's Capital Facilities Plan for the subareas in the City's UGA. C. The street reclassifications are consistent with the distribution of urban facilities and services and fit subarea service areas within the City. 4010 CPA 99-01(B) Findings and Conclusions Page 2 D. The street reclassifications are consistent with the comprehensive service and facilities planning process and meet stated City standards. E The proposed amendment is consistent with the goals and policies of the Comprehensive Plan, specifically those listed in Finding 5. F. The proposed street reclassificatons are in the public interest. Adopted by the Port Angeles City Council at its meeting of June 15, 1999. Gary i~raUn, ~/Qlayor 4011 Exhibit "C" FINDINGS AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE PLAN AMENDMENT - CPA 99-01 (C) ~ Amendment to the UGA: Based on the information provided in the May 26, 1999, StaffReport for CPA 99-01(C), (including all of its attachments), comments and information presented during the public heating, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. All information provided in the May 26, 1999, Staff Report for CPA 99-01(C), (including all of its attachments), comments and information presented during the public heating, and the Planning Commission's discussion and deliberation have been considered in this decision and is considered a part thereof. 2. The applicants are Norbert and Michelle Juhasz, represented by Linda Nutter and Craig Miller, and they are requesting an extension of the eastern Port Angeles Urban Growth Area (Attachment A). 3. The Urban Growth Area (UGA) extension is shown on the Planning Department map (Attachment B) to include property in and east of Morse Creek Ravine, generally described as an extension of the existing UGA boundary eastward from south margin of the BPA power lines to the east margin of the Deer Park Road tight-of-way (including the Four Seasons Ranch and Four Seasons Park developments), then north to the General Commercial zoning designation, then east following the GC zone boundary, then north including the GC, RLC, P, and R1 zones, and extending north to the Intemational (US-Canada) Boundary in the Strait of Juan de Fuca. 4. The subject area is located east of the City's existing UGA including properties in Sections 5-8 and 17-18, Range 5 West and Township 30 North. 5. Existing land uses within the subject area are as follows: * Low density residential, public lands, and critical areas within the Morse Creek Ravine * Public lands (including a park and a trail), General Commercial (including a movie theater and a car dealership), and Rural Limited Commercial (including a restaurant, a gravel pit, and shooting range) along US 101 * Low density residential west of Deer Park Road and south of the GC zone * Low density residential north of the RLC zone 4012 CPA 99-01(C) Findings and Conclusions Page 2 6. The SEPA Responsible Official issued a Determination of Non-Significance (DNS) under WAC 197-11-340(2) on May 18, 1999, regarding this request. Following the comment period for this action, the threshold determination was withdrawn, based on comments received from Clallam County, Four Seasons Ranch, and Cedar Park Homeowners Association representatives. On June 4, 1999, the SEPA Responsible Official adopted the existing Environmental Impact Statement for a similar UGA action issued by Clallam County on June 13, 1995. The City's responsibility under the State Environmental Policy Act (RCW 43.21 C) are fulfilled by this action. 7. This is an areawide Comprehensive Plan Amendment, and public notice was provided by legal notice and a paid advertisement in the Peninsula Daily News. 8. The Comprehensive Plan Goals and Policies identified as being the most relevant to the proposal were Growth Management Element Goal A, Policies A 1-17, Objective A-l, Land Use Element Goal A, and Policies A 1-2. 9. The County Port Angeles Region Zoning Map designations the subject area as R1, P, GC, and RLC. 10. The subject area was included in the Port Angeles Urban Growth Area as originally adopted by Clallam County. 11. Morse Creek has been identified as habitat for Puget Sound chinook salmon, which have been listed as threatened under the Endangered Species Act. 12. The Four Seasons Ranch and the Four Seasons Park residential developments have experienced waste water system failures, which were a cause for Clallam County to originally adopt an Urban Growth Area boundary to include the proposed area. 13. Public testimony was given by the Clallam County Planning Director, Four Seasons Ranch Maintenance Commission President, and Cedar Park Homeowners Association President opposing CPA 99-01 (C). 14. The City of Port Angeles cannot provide and does not plan for urban services such as sanitary sewer systems outside the Urban Growth Area. 15. The County-Wide Planning Policy identifies policies related to the designation of urban growth areas, including Urban Growth Area Policy No.3 which requires UGA to include areas characterized by urban growth adjacent to city boundaries and Urban Growth Area Policy No. 6 which prohibits lands designated for commercial or industrial uses which encourage adjacent urban development being located outside a UGA. 4013 CPA 99-01(C) Findings and Conclusions Page 3 Conclusions: Based on the information provided in the May 26, 1999, Staff Report for CPA 99-01(C), (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes the following: A. The proposed UGA extension includes areas that are characterized by urban development and, therefore, appropriately should be part of the Port Angeles Urban Growth Area. B. Urban facilities and services needed to serve the proposed area can be provided by the City of Port Angeles. C. The listing of Puget Sound chinook salmon in Morse Creek as threatened under the Endangered Species Act may necessitate sewer system improvements in the subject area. D. The proposed amendment is consistent with the goals and policies of the Comprehensive Plan, specifically those listed in Finding 8. E. The City of Port Angeles cannot plan or provide urban facilities~and services outside its Urban Growth Area, even though the area is characterized by urban development. F. Property owners in the subject area have experienced problems that could be served by urban facilities and services. G. The proposed amendment is consistent with the County-Wide Planning Policy, specifically those listed in Finding 15. H. The proposed expansion of the Port Angeles Urban Growth Area would allow for the planning of urban services to serve residential and commercial land uses that are characterized as urban development and is in the public interest. Adopted by the Port Angeles City Council at its meeting of June 15, 1999. Gary Craun, l~yor [iecky i. O~~ty ~1~I --- -- 4014 Exhibit "D" FINDINGS AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE PLAN AMENDMENT - CPA 99-01(D) - Amendment to Planning Areas. Based on the information provided in the May 26, 1999, StaffReport for CPA 99-01(D), (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. All information provided in the May 26, 1999, Staff Report for CPA 99-01(D), (including all of its attachments), comments and information presented during the public heating, and the Planning Commission's discussion and deliberation have been considered in this decision and is considered a part thereof. 2. This proposal applies city-wide, and the boundaries are shown on a revised Planning Areas Map (Attachment A). 3. The City and Clallam County staff working on the Census 2000 determined that there was an opportunity to change the Port Angeles area census tracts to reflect changes in the development pattern and identifiable boundaries that have occurred over the considerable time since the Census Tracts were last revised. The primary change in the Census Tract boundaries was to conform to the Planning Area boundaries, and where a Census Tract boundary requirement was paramount the Planning Area boundary was modified. 4. The 1994 Comprehensive Plan for the City of Port Angeles established five Planning Areas that could be used in identifying different areas of the community and potential neighborhood subareas. 5. To fit within allowable Census Tract population ranges and considering future populations that may be annexed into the City, a new East Planning Area based on population distributions east of Race Street was created, and the North Central Planning Area was slightly modified to follow the Tumwater Truck Route on the west and Lauridsen Boulevard on the south. 6. The boundaries anticipate inclusion of the Urban Growth Areas in the future of the East, South Central, and Southwest Planning Areas. 7. The primary boundaries between Planning Areas are major arterials and the marine bluff. 8. Previously there was no east boundary for the North Central Planning Area, other than the City Limits, which included subareas that were not well connected to the North Central neighborhood subareas. 9. Lauridsen Boulevard and Race Street are planned in the Comprehensive Plan as major arterials. 10. The SEPA Responsible Official issued a Determination of Non-Significance (DNS) on May 18, 1999. This action fulfills the City's responsibility under SEPA. 4015 CPA 99-01(D) Findings and Conclusions Page 2 11. This is an areawide Comprehensive Plan Amendment, and public notice was provided by legal notice published in the Peninsula Daily News. 12. The Comprehensive Plan Goals and Policies idenitified as being the most relevant to the proposal were Growth Management Element Goal A, Policies A 1-17, Objective A-l, Land Use Element Goal A, Policies A 1-2, Land Use Element Goal B, Land Use Element Goal C, Policy C 1, Land Use Element Goal E, and Policy E 7. Conclusions: Based on the information provided in the May 26, 1999, StaffReport for CPA 99-01(D), (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes the following: A. Since the Planning Areas and Census Tracts were nearly coincidental, it rational to modify each to be even more coincidental for future statistical analysis purposes. B. Neighborhood subareas such as above and below the Boulevard between the North Central and South Central and west of the 8th Street bridges and north of Airport and Lincoln Park for the Northwest Planning Area are fairly easy to identify. C. The new boundary at Race Street (and Heart of the Hills Parkway) is okay south of Lauridsen Boulevard but less so north of there. An alternate North Central boundary of Lauridsen Boulevard east to White's Creek Ravine does not work for Census Tracts revisions within the existing City Limits. Since Lauridsen Boulevard and Race Street are planned in the Comprehensive Plan as major arterials, it is expected that they will be even more definable Planning Area boundaries in the future. D. The proposed Planning Area revisions follow the development patterns and physical features that separate the community into identifiable neighborhood subareas and logical urban service areas. E The proposed amendment is consistent with the goals and policies of the Comprehensive Plan, specifically those listed in Finding 12. F. The revised Planning Areas are in the public interest. Adopted by the Port Angeles City Council at its meeting of June 15, 1999. Gary ]~raun, lX~ayor Becky-~. ~J~(~n, ~ty ~l~rl~- --