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HomeMy WebLinkAboutMinutes 06/16/1992 2274 CITY COUNCIL MEETING Port Angeles, Washington June 16, 1992 CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:05 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun and Ostrowski, Councilwoman Sargent, Councilmen Schueler and Wight._. Members Absent: Councilman Nicholson. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, J. Pittis, G. Kenworthy, Y. Ziomkowski, B. Becket, M. Campbell, S. Hursh, K. Ridout. Public Present: G. Stratton, L. Beil, B. Haselton, K. Schemer, C. May. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilwoman Sargent moved to approve the minutes of the regular meeting of MINUTES: the City Council of June 2, 1992. Councilman Braun seconded the motion. Councilman Schueler referenced Page 4, Paragraph 2, with regard to the consideration of the Temporary Use Permit. At that time, the minutes indicated there may be a consideration of an ordinance revision. Following brief discussion, Planning Director Collins indicated that a review of the prevailing ordinance will take place the latter part of 1992 or early 1993. A vote was then taken on the motion which carried unanimously. Councilman Ostrowski moved to approve the minutes of the special meeting of the City Council of June 2, 1992. Councilwoman Sargent seconded the motion, which carried 5 - 1, with Councilman Schueler abstaining. Councilwoman Sargent moved to approve the minutes of the special meeting of the City Council of June 9, 1992. Councilman Braun seconded the motion, which carried 3 - 0, with Mayor Hallett and Councilmen Ostrowski and Wight abstaining. CEREMONIAL Mayor Hallett reviewed the 40-year career of Mike Fitzpatrick as a Volunteer MATTERS/ Firefighter. He then read and was joined by Fire Chief Glenn, Assistant Fire Chief PROCLAMATIONS: Campbell, and Fire Marshal Becker in presenting a Certificate of Recognition to Mike Fitzpatrick, who accepted the Certificate, thanked the members of the Fire Department, and gave a brief summary of firefighting in the "old" days. Mayor Hallett then introduced Richard and Lucja Olendzki, Yvonne Ziomkowski's parents, who are visiting from Poland and were present in the audience. CITY COUNCIL Councilman Wight attended the Utility Advisory Committee meeting and suggested COMMITTEE a discussion later in the agenda concerning certain items discussed at that meeting. REPORTS: Councilman Schueler reported on his attendance at the Cable TV Government & Education Channel Advisory Committee meeting. Councilman Braun reported on the UAC Meeting, a number of issues from which will be coming before the Council. He also attended the Growth Management Committee meeting held at Franklin School. On Saturday, June 13th, he attended the open house at Olympic Memorial Hospital. Councilwonum Sargent installed officers at the Museum and attended the Senior Center Committee meeting. She was interviewed this morning as a result of her candidacy for a position on the Board of the Association of Washington Cities. -1- 2275 CITY COUNCIL MEETING June 16, 1992 CITY COUNCIL Mayor Hallett reported he had met with Gene Lawson and Claudia Davis concerning COMMITTEE the matter of Local Government Initiative Funds (Clallam County), from which the REPORTS: Senior Center has received County funding. The City Council has been asked to (Cont'd) provide direction in future considerations of requests for such funds; Mayor Hallett suggested this be placed on the July 7 agenda for discussion. Mayor Hallett requested a joint meeting with the School Board, in conjunction with the July 7th meeting, since there are a number of issues coming before the electors on bond requests. He attended the ribbon-cutting for the Hospital. FINANCE: 1. Progress Payment #2 to N.W. Cascade for bio-solids hauling from the Treatment Plant of $28,542.42, plus $1,388.25 retainage Treatment Plant Bio-solids Mayor Hallett reviewed the information provided by the Department of Public - Works. Councilman Ostrowski moved to authorize payment of $28,542.42 to Northwest Cascade for bio-solids hauling from the Treatment Plant, plus $1,388.25 to retainage. Councilman Braun seconded the motion, which carried unanimously. Wastewater Treatment 2. Progress payment #3 to Pease and Sons for Wastewater Treatment Plant for Plant $851,867.35, plus retainage of $41,433.24 Mayor Hallett reviewed the information provided by the Department of Public Works. Councilman Schueler moved to authorize payment of $851,867.35 to Pease and Sons for Wastewater Treatment Plant, plus $41,433.24 to retainage. Councilwoman Sargent seconded the motion, which carried unanimously. Corporation Yard 3. Final Acceptance of Corporation Yard fuel tank project Fuel Tank Project Mayor Hallett reviewed the information provided by the Department of Public Works. Councilman Ostrowski moved to accept the Corporation Yard fuel tank project and authorize the release of $6,322.63 retainage, upon receipt of clearance from the Departments of Revenue and Labor & Industries. Councilman Braun seconded the motion. Following brief discussion, a vote was taken on the motion which carried unanimously. CONSENT AGENDA: Councilwoman Sargent moved to accept the items on the Consent Agenda, including: (1) Consideration of out-of-state travel to APWA Conference in Boston by Jack Pittis; (2) Request by Jefferson County to trade landfill services; (3) Request to submit Public Works Trust Fund Loan Project applications; (4) Request to call for bids for contractor to install shower heads; (5) Request to advertise for bids for landfill expansion improvements; (6) Reject tree-trimming bids; (7) Fire Station feasibility study; (8) Port Angeles as a retirement community; (9) Correspondence from Washington State Liquor Control Board; (10) Voucher list of June 5, 1992, for $285,393.44 and of June 12, 1992, of $265,244.02; and (11) Payroll for June 7, 1992, of $305,512.72. Councilman Wight seconded the motion. Discussion was generated about the shower heads, and Steve Hursh, Light Department, indicated the proposal was to have replacement shower heads installed for everyone in town at no cost to them. If people wish to bring their old shower heads into the Light Department, they will be given a new one at no cost, but they will have to do the installation. Bonneville will reimburse the City for the cost of the shower heads, in the amount of $204,000. If a contractor is hired, the reimbursement to the Light Fund will be about $98,000, based on estimated contractor cost. Councilwoman Sargent commented on "Port Angeles as a retirement community". She was pleased that the proposed study will cost only $3,000, of which the Chamber will pay half; and the study will be able to be used to possibly obtain grant money in the future. Manager Pomeranz sees the end result being a marketing plan to promote Port Angeles as a retirement community. Councilman Wight commented on the rejection of tree-trimming bids; he asked if there was a way to forecast the tree-trimming needs locally and possibly combine with other organizations to encourage local contractors. Mayor Hallett commented on the submission of Public Works Trust Fund Loan Project applications and the low interest rate. Councilwoman Sargent felt the public should be reminded these loans are possible because of the Real Estate Excise Tax. -2- 2276 CITY COUNCIL MEETING June 16, 1992 CONSENT AGENDA: Councilman Wight referenced the revisit of the Jefferson County refuse proposal and (Cont'd) explained why the Utility Advisory Committee felt an arrangement could not be made to accept the refuse. A vote was then taken on the motion which carried unanimously. 1TEMS FROM THE Peter Shue, 1323 McDonald Street, advised the Council that he had followed a AUDIENCE/COUNCIL/ convoy of vehicles along Marine Drive and up the Truck Route, one of which had STAFF TO BE a very bad and intolerable odor. He expressed the opinion that certain requirement CONSIDERED OR should be put in place in order to not allow such offensive odors. Mayor Hallett PLACED ON A asked that Attorney Kp~utson conduct research to determine if other municipalities FUTURE AGENDA: have existing ordinances relating to odor. Dick Goin addressed the Council and reviewed present problems with the reductions in salmon, particularly related to a parasite triggered by low, warm water. He continued by reviewing the projected low water level this summer and noted he has talked with ITT Rayonier, which will use as little water as possible. In addition, Daishowa has been helpful by releasing more water from the dam to keep the temperatures down and the water level up. Mr. Goin asked that the City limit the amount of water taken from the Elwha to protect this resource. Director of Public Works Pittis offered assurances that water conservation will be practiced. There will be ongoing efforts to educate the public on issues such as this. Mayor Hallett changed the order of the Legislation agenda to address the Elwha River situation. LEGISLATION: Elwha River Ecosystem and Fisheries Restoration Act Elwha River Ecosystem Mayor Hallett referenced a June 11, 1992 letter received from J. Bennett Johnston, and Fisheries Chairman of the Committee on Energy and Natural Resources, which Mayor Hallett Restoration Act and Councilwoman Sargent had addressed a week before. The Chairman has asked for response to certain questions raised by a member of the Committee, Senator Murkowski. Manager Pomeranz reviewed the three questions and the proposed responses. First is the City's opposition to the transfer of Federal properties on Ediz Hook to the Lower Elwha Tribe. The question: How would the City's support of this Bill be affected if this provision remains as currently written? The City's proposed response is that if the section remains as currently written, the City is opposed to the Bill. Secondly, the Tribe sent the City a letter in May suggesting they would continue certain subleases, agree to a planned expansion of the jogging trail and be a good neighbor to the City of Port Angeles. The City did respond to the tribe; in summary, the City cannot agree to losing control of Ediz Hook forever in exchange for continuing the present sub-leases for less than 20 years. The long-term economic and recreational vitality of Port Angeles depend on the continued existence and availability of Ediz Hook for all our citizens. The third question is the Department of Interior's position relative to the restoration of the Elwha River Basin that the cost of the project should be borne by the beneficiaries. As a beneficiary of this proposal what should the City's share be? The answer is that the City of Port Angeles respectfully submits it is not a beneficiary of the proposed legislation. Mayor Hallett asked Council if there were any changes or additions to the suggested response. There were none. Manager Pomeranz said an additional item on the Elwha River Restoration Act should be discussed. There is a memorandum in the information packet regarding the Bill, describing the trip to Washington, D.C., and some of the interaction with the Congressional delegation. There should be no compromise with the language of Section 16; rather, a new Section 16 should be written with a slightly different intent and result. The possibility exists that the City could lease the property from the Federal government for an additional 99 years. The current lease has approximately 20 years left. This would be extended an additional 99 years. In exchange, there would be a study done of Ediz Hook to examine economic development possibilities of the property, either tbr the City, the Tribe, or other entities. At the end of the study there would be a determination as to what property might be sub-leased by the City to another entity for an appropriate use. This compromise would be approved by the City. The lease would be the City's and the City would determine to whom it would sub-lease, based on the results of the study. The Council should determine if this is a reasonable proposal, since the City is being continually pressed for a proposal, since the other proposals have been rejected by the City. -3- 2277 CITY COUNCIL MEETING June 16, 1992 LEGISLATION: Lengthy discussion followed, and members of the Council felt it inappropriate that (Cont'd) the City is being place~fl, in ~s~ position. Further, the timing is less than desirable. It was suggested that Council be given additional time to review the information for Elwha River Ecosystem consideration at the next meeting. Manager Pomeranz noted it may be necessary to and Fisheries call a special meeting, as decisions are being made rapidly in D.C. at this time. Restoration Act (Cont'd) Because of other commitments, Mayor Hallett excused himself from the meeting at 8:10 p.m. Deputy Mayor Sargent commenced chairing the meeting. Public Nuisance - A. Resolution requiring public comment Resolution No. 19-92 1. Consideration of public nuisance and resolution - Staff provided Council with a revised Exhibit "A" list of public nuisances which included four (4) properties. Photographs of the properties were made available for viewing. Deputy Mayor Sargent inquired as to whether there was any public comment pertinent to these properties. There being no public comment, she then read the Resolution by title, entitled RESOLUTION NO. 19-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Councilman Ostrowski moved to pass the Resolution as read by title. Councilman Wight seconded the motion, which carried unanimously. B. Ordinances not requiring public hearings None. C. Resolutions not requiring public hearings 1. Public display of fireworks Deputy Mayor Sargent reviewed the information provided by the Fire Department. She noted that Port Angeles had been a leader on the Peninsula by allowing public use of fireworks on July 4th only. Concerning this request for a public display, Councilman Braun asked if the proposed site on the Waterfront Trail would be safe, considering the dryness of the year. Fire Marshal Becker indicated there would be Fire Department volunteers assigned to the area to assure the area is watered down. Councilman Braun moved to accept the recommendation of the Fire Department and approve the application of Western International Fireworks to conduct a public display of fireworks on the Fourth of July on the Waterfront Trail, or the alternative of a barge if available. Councilman Ostrowski seconded the motion. Councilman Schueler indicated he did not approve of public displays of fireworks; he stated his opposition to approval of this request. A vote was taken on the motion which carried by a majority vote, with Councilman Schueler voting in - opposition. Clerk's Note: No resolution was considered or passed in conjunction with the public display of fireworks. Planning Commission D. Planning Commission minutes/action items Minutes 1. Planning Commission minutes of June 10, 1992 Shoreline Management Permit- ITT Rayonier Shoreline Management Permit - SMA-92(06)126- ITT RAYONIER, INC., 700 North Ennis Street: Request for a Shoreline Management Permit to allow the remediation of contaminated soils at the ITT Rayonier Mill site After limited discussion and a review of the Shoreline Management Permit request, Councilman Ostrowski moved to concur with the recommendation of the 2278 CITY COUNCIL MEETING June 16, 1992 LEGISLATION: Planning Commission to approve the Shoreline Substantial Development Permit, (Cont'd) subject to the following conditions and citing the following findings and condnsions: CONDITIONS: (A) The applicant shall retain a qualified archaeologist Shoreline Management to monitor the excavation activities. Upon discovery of evidence of possible Permit - ITT Rayonier archaeological significance, the applicant shall follow the recommendations of the (Cont'd) archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws; (B) If any soils or construction debris are to be deposited on the site, submit plan showing the location(s) to the Planning Department for approval to ensure compliance with the Shoreline Master Program and Environmentally Sensitive Areas Protection Ordinance; FINDINGS: (1) The approval is for removal of hydraulic oil from soils and rip rap adjacent to Eunis Creek; (2) Physical alterations to the site include installation of temporary sheet piling at the toe of the west bank, and excavation and replacement of soils and rip rap west of the temporary sheet pile; (3) The Mill is on the site previously occupied by a S'Klallam Village and the original Puget Sound Cooperative Colony, and is located on the Washington State Register of Historic Places; (4) The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and Environmentally Sensitive Areas Protection Ordinance have been reviewed with respect to this proposal; (5) The applicant has received a Hydraulic Project Approval from the Department of Fisheries which contains conditions intended to minimize impacts on the stream; CONCLUSIONS: (A) As conditioned, the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C. 1, C.4 and C.6; Land Use Element D.6; Natural Systems E.7.b, E. 10.a-c; Use Activities F.9.a, b and d, F.12.b, c, e and f, F.15.a-b, F.16.a, c, d and e, F.18.a-e; (B) As conditioned the proposal is consistent with the Port Angeles Comprehensive Plan, specifically Goal No. 3, Industrial Policy No. 5 and Land Use Objective No. 3; (C) As conditioned, the proposal will be less detrimental to the shoreline than existing conditions. Councilman Wight seconded the motion which carried unanimously. Councilman Wight moved to accept and place on file the Planning Commission minutes of June 10, 1992. Councilman Braun seconded the motion, which carried unanimously. Public Hearing E. Public Hearing County-Wide Planning 1. County-wide planning policy for the Growth Management Act Policy Deputy Mayor Sargent opened the public hearing on the County-wide planning policy for the Growth Management Act at 8:36 p.m. Cindy Souders, 219 West Park, provided some background on her participation in the County-wide planning policy. She expressed concern with some of the proposed policies and noted her support of the first draft regarding Policy #18. She was of the opinion there is a need for definitions for urban/suburban, rural centers, and resource land. There is no mention of environmental protection; however, this is just as important as economic development. She asked that approval of the policy be delayed until a fiscal analysis has been completed. Polly Ball, 336 Atterberry Road, Sequim, provided a written statement, which she read for the Council. Ms. Ball indicated it would be helpful to know how many acres of land within one and one-half miles of the Urban Growth Boundaries would be grandfathered into one-acre parcels. She felt the City's recommendation would lend itself to decreased urban sprawl. Further, Ms. Ball urged the City to change regulations in order to allow the location of mobile and modular parks to provide more possibilities of affordable housing. Lastly, Ms. Ball referenced Items #3 and #4 of the Open Space Corridor policies and suggested that the word "should" be changed to "shall". At this time, Deputy Mayor Sargent recognized two additional Sequim residents in the audience: Mayor Ed Beggs and Councilman Jack Mauck. Ken Schermer, 738 West Sixth, is concerned with the timeline on the County-wide Planning Policy. As a member of the City's Growth Management Advisory Committee, this document was received a few days ago and there has been insufficient time to prepare presentations for this draft policy. He urged the Council to delay action on this matter. The inconsistencies have to be worked out. Jerry Newlin, 903 Strait View Drive, expressed the opinion that the process is going too fast. He felt the absence of public participation in the process indicates the public doesn't understand the importance or implication of these issues. He agreed the financial analysis was important before the document is finalized. There is no reference in the document to either conservation or recycling. -5- 2279 CITY COUNCIL MEETING June 16, 1992 LEGISLATION: There being no further comments, Deputy Mayor Sargent closed the public hearing (Cont'd) at 8:55 p.m. County-Wide Planning Councilman Ostrowski agreed conservation and recycling should be included in the Policy (Cont'd) plan. Planner Collins explained the policies were those intended to guide the development of both the City's and County's Comprehensive Plans. Specific policy areas required to be considered are outlined in the 1991 amendment to the Growth Management Act. The Growth Management Steering Committee will continue to work on the County-wide planning policy. There is a deadline for adoption of the Policy by the County by July 1, 1992. There is no reason why amendments or changes cannot be made after adoption. Our working drafts of the new Comprehensive Plan are consistent with the requirements of the Growth Management Act passed in 1990. The City has recommended changes to Policy 18; the Steering Committee will not be addressing that until next week. The Council is scheduled to again consider this matter on June 30th. No final action is required tonight, only direction to be given to the Steering Committee to help prepare for the meeting of June 30th. Councilman Wight presented an extensive viewpoint of his understanding of the need for the County-wide policy and the extent of City involvement in the promulgation of the policy. Deputy Mayor Sargent thanked the individuals who testified. Break Deputy Mayor Sargent recessed the meeting for a break at 9:15 p.m. The meeting reconvened at 9:35 p.m. OTHER 1. Appointment of additional tnember to Library Bond Committee CONSIDERATIONS: Deputy Mayor Sargent reviewed the need for appointment of an additional member Library Bond to the Library Bond Committee. Committee Councilman Ostrowski moved to confirm the appointment of Jerry Cornell to the Library Bond Committee. Councilman Braun seconded the motion, which carried unanimously. The first meeting of this Committee was scheduled for Tuesday, June 23rd, at 4:30 p.m. in the City Council Caucus Room. Capital Improvement 2. Appointment of Capital Improvement Program Committee member Program Committee Deputy Mayor Sargent said two applications have been received as a result of the advertisement for this Committee: Jewell VanOss and Lorraine Ross. Councilman Braun moved to appoint Lorraine Ross as citizen-at-large on the Capital Improvement Program; the motion died for lack of a second. Councilman Wight noted the two candidates have varied and valuable expertise to offer; he, therefore, moved to appoint both candidates to the CIP Committee. The motion was seconded by Councilman Braun and carried unanimously. Director of Public Works Pittis outlined the proposed duties of the Committee. Agreement for Water 3. Cot~sideration of Professional Services agreement with Gardner Engineers System Analysis to provide water system analysis Deputy Mayor Sargent reviewed the information provided by the Department of Public Works. Councilman Ostrowski moved to enter into a professional services agreement with Gardner Engineers to provide water system analysis in an amount of not to exceed $6,570. Councilman Wight seconded the motion. Following brief discussion, a vote was taken on the motion which carried unanimously. Bio-solids Disposal 4. Consideration of interlocal agreement with Bremerton for bio-solids disposal Deputy Mayor Sargent reviewed the information provided by the Department of Public Works. Councilman Ostrowski moved to authorize the Mayor to sign the agreement with the City of Bremerton for bio-solids disposal. Councilman Wight seconded the motion. Councilman Ostrowski asked if this agreement would be on-going, or was it designed -6- 2280 CITY COUNCIL MEETING June 16, 1992 LEGISLATION: only during the term of the construction of the new Treatment Plant. Director of (Cont'd) Public Works Pittis responded that the primary purpose of the agreement is for during the construction phase of the plant. City Engineer Kenworthy indicated the Bio-solids Disposal disposal was necessary during the time the digesters are being rebuilt. From now (Cont'd) until probably the end of next May, it will be necessary to haul the sludge. During additional discussion, Director of Public Works Pittis said the sludge has to be hauled away at this time; however, there is a possibility in the future of using de- watered sludge in the composting program at the Landfill. A vote was then taken on the motion which carried unanimously. Real Estate 5. Request for Real Estate Committee meeting Committee Meeting Deputy Mayor Sargent said a meeting of the Real Estate Committee should be scheduled for the purpose of purchasing additional property for the Port Angeles Landfill. It was agree. A to hold this meeting on Friday, June 26th, at 4:00 p.m. Zoning Code 6. Nebert Bros. zoning code amendment request Amendment - Nebert Brothers Deputy Mayor Sargent reviewed the information provided regarding the request of Nebert Bros. which has a muffler shop on East First Street. Planning Director Collins said there are two ways to amend the Zoning Code. An individual or business can make application for a Zoning Code amendment, or the City Council itself can amend the Code. The recent amendment to the Zoning Code, which was requested by another businessman who paid the usual fees, changed the sign requirements in the ACD which affects the placement of Mr. Nebert's sign. He feels the City should have considered his sign; therefore, he wants the City to make the amendment. If this goes through the Planning Commission as an individual request, there is a fee charged in the total amount of $200. Following due consideration, Councilman Schueler moved to provide direction to staff that the usual application process must be followed in this regard. Councilman Braun seconded the motion, which carried unanimously. 2020 Vision Task 7. 2020 Vision Task Force Economic Development Plan Force Economic Development Plan Deputy Mayor Sargent reviewed the report provided by the 2020 Vision Task Force. Councilman Ostrowski moved to approve the 2020 Vision Task Force Economic Development Plan as presented. Councilman Braun seconded the motion, which carried unanimously. There was additional discussion about various facets of the Plan as presented. Community Development 8. Community Development Block Grant - Housing Block Grant - Housing Deputy Mayor Sargent reviewed the information provided. Manager Pomeranz explained that a planning only grant had been received, which funds were used to survey the available housing in the City and determine where rehabilitation was needed. There will possibly be approximately $500,000 available for Port Angeles to actually implement this plan. Councilman Wight reviewed prior Council discussion with respect to the Light Department and the possible rate increase from BPA. At the last Utility Advisory Committee meeting, it was recommended that an interim rate increase should be passed on to all rate classes, with a cap of 9 %, except for the industrial transmission rate. The mills do their cost forecasting on a full-year basis; so any increase in 1992 would create shortfalls in their budgets. An increase for the mills would be reviewed and anticipated for the spring of 1993. The Light Fund is currently operating at a loss, due to the effort to reduce the reserve and also due to unexpected expenses, such as PCB clean-up. The matter will be coming to the City Council for action at a future meeting. -7- 2281 CITY COUNCIL MEETING June 16, 1992 ADJOURNMENT: The meeting adjOurned ~it 10:30 p.m. -8-