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HomeMy WebLinkAboutMinutes 06/18/2001 CITY COUNCIL MEETING Port Angeles, Washington June 18, 2001 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, A. Broussard, J. Harper, G. Kenworthy, T. Smith, J. Mahlum, S. McLain, B. Hale, K. Ridout, and L. Dunbar. Public Present: K. & V. Duncan, T. Price, A. Harrison, J. Burroughs, G. Gleason, D. Reher, J. Harbick, L. Nutter, J. Pelkey, R. Doroz, L. Lee, F. Charles, D. Sullivan, R. Francis, J. Miller, J. Turrey, T. Schwent, L. Palmer, and R. Taylor. PLEDGE OF The Pledge of Allegiance to the Flag was led by Clerk Upton. ALLEGIANCE: CEREMONIAL None. MATTERS & PROCLAMATIONS: WORK SEssION: Capital Facilities Plan / Transportation Improvement Program Capital Facilities Plan / Public Works & Utilities Director Cutler presented the 2001 Capital Facilities Plan Transportation (CFP) and the 2002-2007 Transportation Improvement Program (TIP). He explained Improvement Program that the transportation element of the Capital Facilities Plan, which is the TIP, requires a public hearing in order for the City to obtain as much as possible in grant funding. Director Cutler briefly reviewed the format of the Capital Facilities Plan, noting the fully funded projects as opposed to those requiring additional funding for completion. The ensuing discussions centered around the Laurel Street Project and the related stairway, as well as the funding for the Carnegie Library which will be more fully determined once the design is at 35% completion. Director Cutler indicated he would expect construction on the Carnegie Library to take place during the 2002 construction schedule. Director Cutler addressed the needed repairs for the 8th Street bridges, which may involve either replacement or repair of the existing structures. The State has tightened restrictions on bridges, and the City must come into compliance. Discussion was also held on the matter of tree planting in the City, after which attention was directed to enhancements of the William Shore Memorial Pool. Parks Director Connelly reviewed - i - CITY COUNCIL MEETING June 18,2001 WORK SESSION: the history of the pool enhancement discussions and the proposed plan brought forward. (Cont'd) Manager Quinn felt that the only way the enhancements can be accomplished would be via a bond issue, and Councilmember McKeown recalled that consideration had been Capital Facilities Plan / given to issuing a bond for both the pool enhancements and the Marine Lab. It was Transportation noted the advisory committee will be meeting on the pool enhancements on July 11, and Improvement Program Councilmember Erickson currently serves as a Council representative to the committee. (Cont'd) Mayor Doyle offered to join the group in order to provide more Council involvement. Throughout the discussions, Director Curler reviewed the various Categories of projects and their associated funding sources. The Council expressed appreciation for the presentation, and Engineer Jim Mahlum was commended for his contribution to the preparation of the CFP / TIP. PUBLIC HEARINGS - 1. 2001 Comprehensive Plan Amendments OTHER: Mayor Doyle summarized the memorandum from Community Development Director 2001 Comprehensive Plan Collins with regard to the 2001 amendments to the Comprehensive Plan which have Amendments been reviewed and recommended for approval by the Planning Commission. Director Ordinance No. 3082 Collins noted that the final draft of State comments was received this afternoon, copies of which were distributed to the Council. The comments were similar to those incorporated in the Council packet, and Director Collins directed attention to Amendment #4 about which the State offered input as relates to the provision of urban services outside the City limits. Additionally, Director Collins offered a correction to Page 4 of the Ordinance, Section B 11, "The City will continue participating..." should be changed to read, "The City will participate...". After brief discussion, Mayor Doyle re-opened the Public hearing at 7:08 p.m. Gary Gleason, 2211 E. 7~ Avenue, informed the Council that he and Linda Nutter were present as representatives of the Nonmotorized Advisory Committee to answer any questions that may arise. Mr. Gleason expressed his appreciation to staff member Bill Hale for his participation; a certificate of appreciation will be given to Mr. Hale by the committee. Mayor Doyle asked how many amendments the Nonmotorized Committee proposed and how many were accepted. Director Collins stated that there were 24 - 25 changes recommended, and 11 were sent back for further review and study. Councilmember McKeown directed attention to Page 2, Land Use, Paragraph 5, wherein she questioned the inclusion of"...the Peninsula Public Golf Course". It was agreed this reference should be deleted from the language of the paragraph. There being no further public testimony, Mayor Doyle closed the public hearing at 7:16 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3082 AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 2818 as amended and the Comprehensive Plan by revising the City's planning areas to specifically designate the area east of Race Street and the Port Angeles Urban Growth Area (UGA), by amending a policy in the Commercial Goals and Policies section of the Land-Use Element to comply with the Growth Management Act, by amending policies in the Utilities and Public Services Element to allow for City services and facilities in the UGA without annexation, by adding a new item to the Objective section of the Conservation Element to facilitate compliance with the Endangered Species Act, and by amending sections of the Transportation Element, the Utilities and Public Services Element, and the Capital Facilities Element as requested by the Nonmotorized Advisory Committee. -2- CITY COUNCIL MEETING 4454 June 18, 2001 PUBLIC HEARINGS- Councilman Wiggins moved to adopt the Ordinance as read by title, citing OTHER: Findings 1 - 17 and Conclusions 1 - 12, as set forth in Exhibit "A", which is (Cont'd) attached to and becomes a part of these minutes. The motion was seconded by Councilmember McKeown. 2001 Comprehensive Plan Amendments Director Collins responded to an inquiry from Councilman Hulett regarding the City's Ordinance No. 3082 request to extend the eastern boundary of the UGA by indicating the County will likely (Cont'd) address thc matter once the environmental review has been completed. Additionally, brief discussion was held concerning how skateboards, roller blades and other forms of nonmotorized transportation not included are incorporated into this plan. Director Collins stated that this is an issue not yet resolved. Consideration was also given to the State's comments on the matter of not providing urban services outside the Urban Growth Area, and Attorney Knutson felt the City's amendment to be consistent with the underlying concems of the State in that the City is meeting the basic requirement of the law by not providing services outside the UGA. A vote was taken on the motion, which carried unanimously. Public Hearing on CFP / Public Hearing on the CFP / TIP TIP Mayor Doyle reviewed the memorandum regarding the CFP / TIP and opened the public hearing at 7:29 p.m. Tommi Schwent, a County resident, urged the Council to proceed with work on the Olympic Discovery Trail. She expressed the hope it would be a priority on the Council's agenda. Engineer Kenworthy informed the Council that the design of this portion of the trail should be complete this summer, and work is underway with Rayonier to proceed with a trail through Rayonier. Additional funding needs to be sought for that portion of the trail, which should be complete in about one year. Director Connelly added that the County will be preparing the trail from the Deane property to the railroad trestle once the City finalizes the Deane easement as well as some fencing of the Langley property. Councilman Hulett moved to continue the public hearing to July 3, 2001. The motion was seconded by Councilman Campbell and carried unanimously. LATE ITEMS FOR THIS Councilman Hulett asked for a report on a future agenda concerning Right-of-Way Use OR FUTURE AGENDA: Permit procedures. Councilmember McKeown asked for a copy of the Human Resources report on new positions with the City. Councilman Williams asked for future discussion and/or a work session on creating an overall energy policy. Bob Harbick, 1006 S. Lincoln, representing the Chamber of Commerce, extended an invitation to the "Jettin' the Strait", and he presented the official t-shirt's to the Council. Kevin Duncan, Ebey Hill, read into the record a prepared statement expressing his displeasure and frustration at the lack of a finalized lease agreement for the Morse Creek Hydro project. Mr. Duncan distributed copies of the statement to the Council, as well as copies of various items pertaining to hydro facilities. Mr. Duncan was concerned about the hidden costs to the delay, the need to encourage power generation, and the costs the City would have to pay in the event the FERC license is surrendered. Manager Quinn suggested the formation of a Council subcommittee for a review of the situation. Therefore, Mayor Doyle and Councilmembers Campbell and Wiggins agreed to meet with staff and report back to the Council. FINANCE: 1. Deane Property Trail and Utility Easement Dearie Property Trail and Mayor Doyle summarized the memorandum submitted by Parks Director Connelly in Utility Easement regard to the extension of the Waterfront Trail. Director Connelly felt the easement for -3- CITY COUNCIL MEETING June 18, 2001 FINANCE: the trail provided a tremendous opportunity for the City to complete the link of the trail (Cont'd) from Morse Creek to Ediz Hook. The easement allows the City to protect its interest and maintain the utility right-of-way. Councilman Williams moved to authorize the Deane Property Trail and Mayor to sign the easement agreement. The motion was seconded by Utility Easement (Cont'd) Couneilmember MeKeown and carried unanimously. Circuit Switcher for 'T' 2. Circuit Switcher for '7'~ Street Street Bid Award Mayor Doyle summarized the memorandum from Pubic Works & Utilities Director Cutler recommending the award of the bid to Western State Electric. Councilman Campbell moved to accept the $40,791.40 bid, including applicable sales tax, from Western State Electric, Inc., for the purchase of a circuit switcher and authorize the Mayor to sign the contract. The motion was seconded by Councilman Wiggins and carried unanimously. Contribution to 3. Authorize Contribution to Washington PUD Association Washington PUD Association for Direct Mayor Doyle summarized the memorandum from Public Works & Utilities Director Services Industries Effort Cutler with regard to authorizing the electric utility to contribute to the cost of supporting the effort against "tiered rates" by the Bonneville Power Administration. Power Systems Deputy Director McLain added that, if BPA succeeds with the attempt to establish tiered rates, it would cost the City more than is being requested tonight. The needed $4,000 is based on the City's utility bills. Conneilmember MeKeown moved to authorize the electric utility to contribute to the cost of supporting the effort against "tiered rates" by BPA in the amount $4,000. The motion was seconded by Councilman Hulett. Discussion followed on whether the proposed tiered rates could survive. Chuck Forman, Bonneville Power Administration, addressed the Council and explained how the DSIs buy back their load obligations for a certain period of time. Over time, a portion of the funds are used to compensate the workforce. A vote was taken on the motion which carried unanimously. Magna Drive Proposal for 4. Magna Drive Proposal ,4 uthorized for the Wastewater Treatment Plant Wastewater Treatment Plant Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler pertaining to a Magna Drive retrofit at the Wastewater Treatment Plant on one blower. Director Cutler stated there are three plant aeration blower applications which should provide a good point of comparison. Mayor Doyle referenced the discussion at the Utility Advisory Committee where information given indicated a savings with a Variable Frequency Drive as opposed to the Magna Drive. Economic Development Director Smith introduced Ken Black, 1931 26th Ave. E, Seattle, who works for Magna Drive and fields calls to see if Magna Drive devices are working for the customers. Mr. Black indicated Magna Drive is looking forward to having their devices installed in Port Angeles, especially for other potential customers to observe in action. With regard to the report submitted to the Utility Advisory Committee, Mr. Black noted the study conducted was academic in nature, and he felt that the efficiency of Magna Drive was very close to that of the Variable Frequency Drive. Councilman Campbell moved to approve the Magna Drive retrofit at the Wastewater Treatment Plant on one blower and authorize the Mayor to sign an agreement with Magna Drive in an amount not to exceed $18,257.94. The motion was seconded by Councilman Williams. After further brief discussion, a vote was taken on the motion which carried unanimously. -4- CITY COUNCIL MEETING June 18, 2001 Travel and Training for 5. Authorize Travel & Training for Public g/orks Department Public Works Department Mayor Doyle summarized the memorandum submitted by the Public Works & Utilities Department. Councilman Wiggins moved to approve the travel and training expense to attend the energy auditor and inspector workshops. The motion was seconded by Councilmember McKeown and carried unanimously. CONSENT AGENDA: Counciimember McKeown stated that she would not be voting on the City Council minutes due to her absence from the meeting. After brief discussion, Councilman Wiggins moved to accept the Consent Agenda to include: 1) City Council minutes - regular meeting - June 5,2001; and 2) Check Register - June 12, 2001 - $1,401,402.23. The motion was seconded by Councilman Campbell, which carried 6 - 0, with Councilmember McKeown abstaining. Break Mayor Doyle adjourned the meeting for a break at 8:23 p.m. The meeting reconvened at 8:38 p.m. CITY COUNCIL Councilmembers Wiggins, Williams, Hulett, Erickson, McKcown, and Campbell had COMMITTEE no report. Mayor Doyle announced that Gary Brooks was the OPS recipient at the REPORTS: recent City OPS luncheon. The Peninsula Development Association met recently and discussed the County's Opportunity Fund, which is to be managed by the EDC. On June 9~, the Mayor presented a key and proclamation to the USCGC Active as part of the homecoming celebration. Mayor Doyle attended the opening of the Wally Sigmar Athletic Complex, the 3 Mayor's meeting, and the Chamber of Commerce luncheon at which time a report was given on the trip to Japan. · ORDINANCES NOT 1. Telecommunications and Related Ordinances REQUIRING PUBLIC HEARINGS: Mayor Doyle summarized the memorandum from Directors Cutler and Collins with regard to the Telecommunications Ordinances proposed for adoption. Power Resource Manager Dunbar noted various changes were made to the Ordinances as a follow-up to a recent decision from the 9~ Circuit Court. The Council was advised that Qwest had submitted a letter supporting the adoption of the Ordinances. Attorney Knutson pointed out that Page 82, Section D. Appeal of City Determination, should exclude the reference to "facility lease". Also, on Page 117, the Ordinance title should state "revising", not "reversing". Telecommunications Telecommunications Facilities: Mayor Doyle read the Ordinance by title, entitled Facilities Ordinance No. 3083 ORDINANCE NO. 3083 AN ORDINANCE of the City of Port Angeles, Washington, regulating telecommunications facilities within City rights-of-way, establishing fees for such facilities, and adopting Chapter 11.14 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title with the correction noted. The motion was seconded by Councilman Williams and carried unanimously. Pole Attachments Pole Attachments: Mayor Doyle read the Ordinance by title, entitled Ordinance No. 3084 ORDINANCE NO. 3084 AN ORDINANCE of the City of Port Angeles, Washington, regulating pole attachments within the City of Port Angeles and adopting Chapter -5- CITY COUNCIL MEETING ~457 June 18, 2001 Pole Attachments 13.14 of the Port Angeles Municipal Code. Ordinance No. 3084 (Cont'd) Councilman I-Iulett moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell and carried unanimously. Wireless Fees Wireless Fees: Mayor Doyle read the Ordinance by title, entitled Ordinance No. 3085 ORDINANCE NO. 3085 AN ORDINANCE of the City of Port Angeles, Washington, establishing reasonable fees to cover the costs of the Planning Department and Public Works Department associated with wireless telecommunication towers and/or electric or telecommunications facilities and amending Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell. Brief discussion was held on how the City's fee structure compares with that of the County. A vote was taken on the motion which carried unanimously. Business License / Business License / Utility Tax: Mayor Doyle read the Ordinance by title, entitled Utility Tax Ordinance No. 3086 ORDINANCE NO. 3086 AN ORDINANCE of the City of Port Angeles, Washington, related to the City's business license regulations and the City's public utility tax for telecommunications businesses and amending Ordinances 2050 and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. Councilman Campbell moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Wiggins and carried unanimously. Right-of-Way Right-of-Way Construction /Excavation: Mayor Doyle read the Ordinance by title, Construction / Excavation entitled Ordinance No. 3087 ORDINANCE NO. 3087 AN ORDINANCE of the City of Port Angeles, Washington, related to construction or excavation work within rights-of-way and amending Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Itulett and carried unanimously. Right-of-Way Right-of-Way Regulations: Mayor Doyle read the Ordinance by title, entitled Regulations Ordinance No. 3088 ORDINANCE NO. 3088 AN ORDINANCE of the City of Port Angeles, Washington, revising the City's right of way use regulations and amending Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles Municipal Code. Councilman I-Iulett moved to adopt the Ordinance as read by title with the correction noted. The motion was seconded by Councilmember Erickson and - 6- CITY COUNCIL MEETING June 18, 2001 /1f~58 carried unanimously. Wireless Towers Wireless Towers: Mayor Doyle read the Ordinance by title, entitled Ordinance No. 3089 ORDINANCE NO. 3089 AN ORDINANCE of the City of Port Angeles, Washington, regulating wireless telecommunication towers and facilities within the City, establishing definitions, standards, and criteria for such facilities, amending Ordinance 1709 as amended, and amending Chapter 17.08 and adopting Chapter 17.52 of the Port Angeles Municipal Code. Councilman Williams moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Erickson and carried unanimously. PUD Electric Franchise 2. Public Utility District Electric Franchise Agreement Agreement Ordinance No. 3090 Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler with regard to the Electric Franchise Agreement with the PUD. Councilman Wiggins referenced the fact that a franchise agreement has not been in place for 2 1/2 years, and he inquired as to whether there were any ramifications such as with regard to the lack of insurance coverage. Attorney Knutson responded that any specific issue would determine ramifications, and that the PUD has insurance coverage in any event. Brief discussion ensued with regard to tracking methods for all agreements. Power Resources Manager Dunbar stated that the contract ends in 2002, and the City can then decide if renewal should be pursued. The agreement is for a fifteen-year period with 5 year intervals for renewal. Mayor Doyle read the Ordinance by title, entitled; ORDINANCE NO. 3090 AN ORDINANCE of the City of Port Angeles, Washington, granting the Public Utility District No. 1 of Clallam County, Washington, the non- exclusive right, privilege, authority, and franchise to own, operate and maintain facilities on any street in the City for the sole purpose of transmission and distribution of electric energy and repealing Ordinance No. 1200. Councilmember McKeown moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell and carried unanimously. OTHER 1. HighlandCourte Report CONSIDERATIONS: Mayor Doyle summarized the memorandum from Community Development Director Highland Courte Report Collins on the Highland Courte Chemical Dependency Treatment Center. Director Collins added that, earlier in the day, there was a supplemental packet received from Highland Courte. He then reviewed the various items contained in the Council's packet. Attorney Knutson referenced the supplemental information and the fact that the initial report was lacking in several aspects. The supplemental report is an attempt to address staff's concerns. The biggest issue is admitting clients who have been convicted of Assault IV into Highland Courte. Craig Miller, legal counsel for Highland Courte, has disagreed with the City's interpretation of this particular condition. In addition, Mr. Miller has expressed concerns with regard to ADA issues if attempts are made to close the facility. Attorney Knutson advised the Council that, if the conditions are not met, then the City should proceed to court and ask for an injunction to close the facility. In his view, the City wouldn't have any liability exposure under the ADA by -7- CITY COUNCIL MEETING June 18, 2001 OTHER proceeding in this fashion. CONSIDERATIONS: (Cont'd) Before dialogue proceeded further, Mayor Doyle indicated that, when the previous Highland Comte matters were considered by the Council, he excused himself from the Highland Courte Report discussion as his daughter lives in the vicinity of Highland Courte. He queried as to (Cont'd) whether there were any objections to his participation in this evening's discussion. Mr. Miller reiterated an objection expressed earlier based on a potential appearance of fairness violation. Therefore, Mayor Doyle departed the Chambers, and Deputy Mayor McKeown proceeded to chair the meeting. Councilman Wiggins offered to depart as well, as he had not participated in previous discussions due to absence. Mr. Miller saw no reason why Councilman Wiggins should leave. Attorney Knutson advised the Council that staff did not recommend any action for Council to take this evening. Zoning Code enforcement is a matter for staff to pursue, and Attorney Knutson indicated staff's position was outlined in the memo. In the ensuing discussion, Councilmembers considered and debated whether the Council should take enforcement action this evening. The various condition, s being violated were delineated and opinions brought forward as to the seriousness of the violations and the importance of taking enforcement action. Manager Quinn advised the Council that staff was planning to review the report and the supplemental information in detail. However, in the meantime, he questioned whether the City should be looking for any specific reason to shut Highland Courte down or if it was intended to work with Highland Courte in the interest of having them operate properly in order to protect the neighborhood. Ensuing discussion included the fact that Highland Courte had not approached the Planning Commission in order to ask for amendments to conditions that were considered unworkable. Further, the Council addressed the requirement of the one-to-one ratio, as well as the lack of an advisory board. Some members of the Council voiced concern and frustration' with the various conditions not being met and, given the specific deadline of this evening's Council meeting, these Councilmembers felt the matter should be resolved quickly, especially as it relates to the welfare of the neighborhood. However, Councilmembers Campbell and Wiggins noted that, since the last Council meeting, it appeared that Highland Courte was attempting to come into compliance. Director Collins stated that, if the applicant wished to seek an amendment to the conditions, this must be decided by the Planning Commission through a public hearing process. At this time, Highland Courte must abide by the conditionsft~ th~t/~sently exist. After further lengthy discussion, Councilman Wiggins moved to follow the direction of staff and give the opportunity for more dialogue until the next Council meeting at which time the Council would decide whether to pursue an injunction. Councilman Campbell seconded the motion. Discussion followed, with Councilmembers setting forth the reasons they would or would not vote in favor of the motion. Manager Quinn interjected that the reason staff wanted time to review the information in detail was to assure that the information was factual. In an effort to protect the neighborhood, it is vital that the information be as accurate as possible. The Councilmembers spoke to the need for this matter to be resolved as quickly as possible, as it is important for the conditions to be met. Councilman Wiggins restated the motion to the extent the Council would follow the direction of staff, give the opportunity for more dialogue and further review, and be prepared to proceed with a court injunction at the next Council meeting. A vote was taken on the motion, which carried 5-1 with Councilman Williams voting in opposition. Mayor Doyle then returned to the Council Chambers. Planning-Only Grant with 2. Contract.for the Planning-Only Grant for Serenity House Project DCTED for Serenity House Project Mayor Doyle summarized the memorandum from Economic Development Director -8- CITY COUNCIL MEETING /~/160 June 18,2001 Planning-Only Grant with Smith pertaining to a contract between the City and the WA State Office of Community DCTED for Serenity House Development. Councilman Williams stated that he would be abstaining from voting on Project (Cont'd) this issue due to conflicting real estate interests. Director Smith stated that a public hearing was held on the planning-only grant and, as a result, the idea of helping with Serenity House was presented. Councilmember McKeown moved to authorize the Mayor to sign the contract between the City and WA State Office of Community Development allowing for implementation of the grant funded feasibility study. The motion was seconded by Councilmember Erickson and carried unanimously. Agreement between City of 3. Agreement between City of Port Angeles & Port of Port Angeles regarding Port Angeles & Port of Port Oak Street Marketing Angeles regarding Oak Street Marketing Mayor Doyle summarized the memorandum from Economic Development Director Smith regarding an agreement between the City of Port Angeles and the Port of Port Angeles on the matter of marketing the Oak Street property. Director Smith provided background information on this endeavor, pointing out that the proposed agreement was the result of a joint meeting between the Port and the City. Additionally, he noted there is long-term revenue on the site by virtue of ferry parking, which would be shared with the City and would help offset marketing expenses. Manager Quinn added that the Port of Port Angeles would retain the ability to also market the property. Discussion followed concerning the Port's lease on Ediz Hook that would be suspended and the terms of that lease, other potential sources of income, and whether the City could have exclusive marketing rights for the property. Councilman Wiggins stated that it would be appropriate to know what other revenue sources might exist, particularly as relates to the costs associated with marketing. Councilman Wiggins moved for staff to bring the Port agreement back with a more detailed analysis of the revenue, as well as the terms of the existing lease. The motion was seconded by Councilmember McKeown. Based on prior comments made, Councilman Hulett asked if the City wanted to press for more exclusive marketing, and Councilmembers Wiggins and McKeown agreed this should be made a part of the motion. Discussion followed, after which Mayor Doyle called for a vote on the amendment to the motion, which carried unanimously. A vote was then taken on the motion, which carried unanimously. Intergovernmental 4. Intergovernmental Agreement with the Lower Elwha Tribe Agreement with Lower Elwha Tribe Councilmember McKeown moved to table the agreement to the next Council meeting. The motion was seconded by Councilmember Erickson and carried unanimously. Olympic National Park 5. Olympic National Park Right-of- Way Permit Right-of-Way Permit Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler with regard to a right-of-way permit from Olympic National Park for the Peabody Reservoir Drainline. Councilmember Erickson moved to authorize the City Manager to sign the Right-of-Way permit on behalf of the City. The motion was seconded by Councilman Hulett and carried unanimously. Fiber Optic Backbone 6. Fiber Optic Backbone Business Plan Revised Business Plan Revised Mayor Doyle summarized the information provided by Public Works & Utilities Director Cutler on the amendment to the consulting services agreement with Metropolitan Communications Consultants to revise the scope of work for the City/Telephone parmership and City/Cable/Telephone consortium. Power Resource Manager Dunbar stated that the revised business plan had been presented to the UAC. Councilmember Erickson moved to authorize the Mayor to accept an amendment -9- CITY COUNCIL MEETING June 18, 2001 Fiber Optic Backbone to the consulting services agreement with Metropolitan Communication Business Plan Revised Consultants to revise the scope of work for the City/Telephone partnership and (Cont'd) City/Cable/Telephone consortium. The motion was seconded by Councilman Campbell and carried unanimously. Commercial Lighting 7. Commercial Lighting Conservation Program Conservation Program Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler regarding the Commercial Lighting Conservation Program. Director Cutler added that this was another program to help with power reduction by means of a rebate. Power Resource Manager Dunbar stated that this agreement would go into effect Once the work plan has been submitted and approved by the BPA. Councilman Campbell moved to authorize the Mayor to enter into the Purchase of Conservation Agreement with the Bonneville Power Administration. The motion was seconded by Councilman Wiggins and carried unanimously. BPA Rate Mitigation 8. BPA Rate Mitigation Agreement and 3-Way Agreement for Daishowa Load Agreement and 3-Way Reduction Agreement for Daishowa Load Reduction Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler with regard to rate mitigation agreements, and Power Systems Deputy Director McLain further summarized the two agreements which are intended to accomplish a reduction in load requirements by 10%. In the discussion that followed, Councilman Hulett asked if Daishowa obtains, pulp from elsewhere if the result would be a loss in jobs. Dean Reed, Daishowa, spoke from the audience by assuring the Council that equipment would still be operational and no loss of jobs is anticipated. There would only be a few instances of reduced work hours. Councilmember McKeown moved to authorize the City Manager to sign the Rate Mitigation Agreement with the Bonneville Power Administration along with an agreement with Daishowa America and BPA committing Daishowa to reduce its electrical load requirements on the City. The motion was seconded by Councilmember Erickson and carried unanimously. Consumer Electricity 9. Consumer Electricity Reduction Agreement Reduction Agreement Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler with regard to entering into the Consumer Electricity Reduction Agreement with BPA. Power Systems Deputy Director McLain stated that this offers customers an opportunity for a reduced electricity bill for cutting back their usage. It would cost from $8,400-11,000 to reprogram the billing system, which provides a comparison between the current utilization and that fi:om a year previous. If there are sufficient savings incurred, the City would receive $.01 per kWh for administering the program. Councilman Williams moved to authorize the City Manager to enter into the Consumer Electricity Reduction Agreement with Bonneville Power Administration. The motion was seconded by Councilman Wiggins and carried unanimously. Marketing Services 10. Marketing Services Professional Services Agreement Professional Services Agreement Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler with regard to an agreement with Den-Ree productions to inform and educate the public on the various energy programs being instituted. Councilman Campbell clarified that by investing in this program the City hopes to get the money returned in the form of power.reduction. Councilman Wiggins moved to authorize the Mayor to enter into the marketing services Professional Services Agreement with Den-Ree - 10- CITY COUNCIL MEETING z,z,62 June 18,2001 Marketing Services Productions. The motion was seconded by Councilman Campbell and carried Professional Services unanimously. Agreement (Cont'd) INFORMATION: City Manager's Report: Manager Quinn mentioned that some of the Councilmembers will be attending the AWC conference. Manager Quinn briefly reviewed the information provided on the Conservation Program, as well as the Water Quality Report. ADJOURNMENT: The meeting adjourned at 11:00 p.m. -11- THIS PAGE INTENTIONALLY LEFT BLANK Exhibit "A" RECOMMENDED FINDINGS AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE PLAN AMENDMENT - CPA 01-01: Findings 1. Comprehensive Plan Amendment, CPA 01-01, was submitted prior to March 31,2001 .CPA 01-01 includes six sets of amendments to various sections of the Port Angeles Comprehensive Plan. The proposed amendments are shown in Exhibit 1 to the staff report. Amendments Number 1-5 are proposed by City staff and have been altered since the original proposal as a result of further staff analysis and discussion with the Planning Commission. Amendment Number 6 is proposed by the ad hoc Nonmotorized Committee. 2. In its deliberation, the Planning Commission reviewed the definitions of "should" and "shall" as provided in the Comprehensive Plan and recognized that "should" is permissive, giving the City discretion in its implementation of the adopted policies. The Planning Commission agreed that using "should" instead of"may" in the proposed amendment No. 4 to Utility and Public Services Policy D3 does not imply a duty on the City to extend services, except as the City should choose to do so at its sole discretion. 3. Amendment Number 1 proposes minor changes to the Community Profile Chapter of the Comprehensive Plan in order to correct the current subarea planning names within the City limits in addition to adding planning areas names for the Port Angeles Urban Growth Area. The changes include adding three additional planning area names and descriptions to the text, as well as reflecting these changes in Figure 3 (map of planning areas). 4. Amendment Number 2 proposes additional clarification to the Commercial Goals and Policies of the Land Use Chapter of the Comprehensive Plan. Goal E, Policy 6 states that new commercial "areas" should not be designated along these routes. Clarification of whether "areas" implies "uses" or "zones" should be made in this policy to improve its effectiveness. 5. Amendment Number 3 proposes a change to Transportation Element Goal B, Policy 8, in order to implement a recent change to RCW 36.70A, Growth Management Act (House Bill 1487, 1998) which requires recognition of essential public facilities, including state routes, in local comprehensive plans, as well as a requirement to review potential impacts onto these facilities by local land use designations. Within the City of Port Angeles, State Route 101 and 117 are considered to be essential public facilities, along with connecting spurs to the ferry landings. Additionally, the proposed amendment would allow for improved connection between the Comprehensive Plan and other adopted capital facility-related plans by the additional sentence proposed for Goal B, Policy 19. 6. Amendment Number 4 proposes changes to the Utilities and Public Services Element of the Comprehensive Plan relating to the provision ofpubtic services and utilities outside of the Findings and Conclusions- CPA 01-01 Page 2 existing City limits but within the designated Urban Growth Area. The proposed addition to Goal A, Policy 1, references the equitable distribution of public facilities to include the UGA. Additionally, the proposed amendment to Goal D, Policy 3, would change a long- standing policy of the City of Port Angeles to not extend City utilities (as compared to services) outside the city limits, and allow for this to occur depending on feasibility. 7. Amendment Number 5 proposes changes to the Conservation Element that would reiterate the City's current practice of participation in, and support of, various watershed and salmon recovery efforts some of which are directly linked to the recent Endangered Species Act listings of several salmonid species that occur, or may occur, in streams or nearshore areas within the regulatory jurisdiction of the City, as well a within its area of operations and maintenance. 8. Amendment Number 6 reflects a proposal by the City's Nonmotorized Committee who has requested several changes to the Comprehensive Plan. 9. CPA01-01 was reviewed for internal consistency with the Comprehensive Plan. The most relevant policies include the Growth Management Chapter IV, particularly Goal A, Land Use Chapter V -Goals A-E, Transportation Chapter VI- Goals A and B, Utilities and Public Services Chapter VII- Goals A and D, and Capital Facilities Chapter X- Goal A. 10. PAMC 18.04, Comprehensive Plan Implementation and Amendment, sets forth procedures for annual amendment process which includes deadlines for applications, requirements for public hearings, deadlines for decisions and criteria for applications and approvals of amendments. Proposed amendments shall demonstrate: why existing provisions should not continue, consistency with Growth Management Act goals and specific requirements, compliance with the county-wide policies, compliance with Capital facilities and related plans, that it is in the public interest and consistent with the public health, safety and welfare, and that cumulative effects have been considered. 11. The Public Works comments included revisions to Amendment Number 3 and objections to four of the proposed changes in Amendment Number 6 relating to Transportation Element Policy B 15, and Capital Facilities Element, General Comments, Policies A7 and A9, and Objective B1 [Items (g), (p), (t), (u), (w)]. 12. The Department of Community Development has the following recommendations for Amendment Number 6: Approval as proposed or amended: , Item (a) - Transportation Element General Comments; added objectives under Policy A. Item (c) - Transportation Element Policy A2 · Item (e) - Transportation Element Policy A4 · Item (g) - Transportation Element Policy B 15 Item (i) - Transportation Element Objective B6a · Item (j) - Transportation Element Objective B6d. Findings and Conclusions ~ CPA 01-01 Page 3 · Item (k) - Transportation Element Objective BI0. · Item(m) - Utilities and Public Services Element Policy C6. · Item (n) - Utilities and Public Services Element Policy D5. · Item (o) - Utilities and Public Services Element Policy D9. · Item (q) - Capital Facilities Element Policy A3. · Item (r) - Capital Facilities Element Policy A4. · Item (s) - Capital Facilities Element Policy A6. Denial: ~ Item (b) - Transportation Element Policy Al. · Item (d) - Transportation Element Policy A3. · Item (f) - Transportation Element Policy B5. · Item (h) - Transportation Element Policy B 16. · Item (1) - Definitions. · Item (p) - Capital Facilities General Comments · Item (t) - Capital Facilities Policy A7 · Item (u) - Capital Facilities Policy A9 · Item (v) - Capital Facilities Element Policy B2. · Item (w) - Utilities and Public Services Objective B1 · Item (x) - Utilities and Public Services Element Policy C2. 13. The Fire Department had no comments on the proposal. 14. The Clallam County Department of Community Development, Planning Division, has provided comments and supported the proposed changes relating to extension of utilities in Amendment//4. 15. A Determination of NonSignificance was issued per WAC 197-11-640 on April 24, 2001. 16. Notice of the public hearing on the proposed amendments to the Comprehensive Plan was published in accordance with the Port Angeles Municipal Code. 17. No written public comments have been received at the time of the staff report. Conclusions: A. Approval of CPA01-01, Amendment #1 as listed in Attachment A, would result in improved internal consistency of the Comprehensive Plan. B. Approval of CPA01-01, Amendment//2 as listed in Attachment A, would result in improved internal consistency of the Comprehensive Plan, specifically the land use and transportation chapters, and increased effectiveness of these policies. C. Approval of CPA01-01, Amendment//3 as listed in Attachment A, would result local adoption of recent changes to the Growth Management Act, RCW36.70A which relate to essential transportation facilities. Planning Commission Minutes '-~ May 23, 2001 ~l~67 Page 4 D. Approval of CPA01-01, Amendment #4 as listed in Attachment A, would result in improved intemal consistency of policies relating to the extension of urban services and utilities to the unincorporated urban growth areas, and would allow for the provision of urban level of services to existing and proposed urban-scaled developments in the Urban Growth Area. E. Approval of CPA01-01, Amendment #5 as listed in Attachment A, would result in F. Approval of CPA01-01, Amendment #5 as listed in Attachment A, would result in increased effectiveness of policies relating to nonmotorized transportation. G. Approval of CPA 01-01 as listed in Attachment A, is consistent with Growth Management Act goals and Port Angeles Comprehensive Plan. H. Approval of CPA 01-01 as listed in Attachment A, is consistent with the adopted county- wide policies. I. Approval of CPA 01-01 as listed in Attachment A, is consistent with Capital facilities and related plans. J. Approval of CPA 01-01 as listed in Attachment A, is consistent that it is in the public interest and consistent with the public health, safety and welfare. K. The cumulative effects have been considered in review of CPA01-01. L. CPA01-01 as listed in Attachment A, is consistent with PAMC 18.04 Comprehensive Plan Implementation and Amendment. Adopted by the Port Angeles City Council at its meeting of June 18, 2001: Becky J. Ui~p~, ~[ty Clerk/-