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HomeMy WebLinkAboutMinutes 07/02/2002 4696 CITY COUNCIL MEETING Port Angeles, Washington July 2, 2002 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. StaffPresent: Manager Quinn, Attorney Knutson, M. Connelly, G. Cutler, Y. Ziomkowski, M. Pennino, S. Roberds, L. Haehnlen, G. Kenworthy, J. Cole, D. Dickson, J. Hordyk, B. Oliver, J. Hebner, C. Kochanek, B. Coons, and S. Johns. Public Present: J. Butler, E. King, J. Martin, H. Martin, R. Anderson, L. Lee, T. Price, L. Rasmussen, M. Rudin, J. Nichols, A.J. Denhart, J. Seniuk, J. Heber, P. Lamoureux, J. Pittis, J. Heckman, R. Heckman, and R. Smelling. PLEDGE OF The Pledge of Allegiance was led by Parks & Recreation Director Marc Connelly. ALLEGIANCE: PUBLIC CEREMONIES, 1. Retirement & Recognition of Service: dean Hordyk PRESENTATIONS AND PROCLAMATIONS: Prior to reading the proclamation, Mayor Wiggins invited attendees to speak about Jean Hordyk and her service to the City and to the Senior Center. Retirement & Recognition of Service: Jean Hordyk Barb Oliver, Aquatics Coordinator for the William Shore Pool, has worked with Jean for 24 years and stated that Jean has been a wonderful asset to the City and a wonderful co-worker. Howard Martin, 980 Tamarack Lane, who has known Jean 25 years in connection with the Senior Center, recalled various capacities in which he and Jean worked together, mentioning specifically the computers for the Center's computer lab which Jean and members worked to procure for over six years. He thanked Jean for all her hard work. Elaine King, 938 W. 15th, added that working with Jean had been a wonderful experience and that she has enjoyed seeing the senior members learn new skills and enjoy what they have learned. This could not have been accomplished without Jean's support, and all involved are very grateful. Director Cormelly noted that this recognition is in honor of a very lengthy term of service to the community. During Jean's thirty-two years of service, we've had seven presidents, six City managers, five parks directors-which is a dedication to the service of one member of our community. Mayor Wiggins read the proclamation and thanked Jean for her service to the City, the -1- 4697 CITY COUNCIL MEETING July 2, 2002 PUBLIC CEREMONIES, Senior Center, and to the community. PRESENTATIONS AND PROCLAMATIONS: Jean thanked everyone, complimented the crew, and stated that she will miss working (Cont'd.) with the City but is looking forward to her new career with US Customs. National Aquatic Week - 2. National Aquatic Week - July 14-20, 2002 July 14 - 20, 2002 Recreation Services Manager Jerry Cole explained that this week is set aside as National Aquatic Week to honor the Aquatics profession throughout the United States and that it is a National Parks & Recreation program. The William Shore Pool and its staff have several events planned for the week, including a family night, water safety programs, and games with the children during open swim times. Barb Oliver further emphasized family night and invited all to join in the festivities. Mayor Wiggins read the proclamation and presented it to Mr. Cole. LATE ITEMS TO BE Darlene Ryan, 1217 East 7th Street, asked to place the Fine Arts Center proposal on the PLACED ON THIS OR agenda. As the new President of the Board, Ms. Ryan complimented the dedication, FUTURE AGENDAS: commitment, and hard work from all involved in running the Fine Arts Center. She introduced Carol Knebes, the former Chairman of the Board; Jake Seniuk, Fine Arts Center Director; Jeanne Martin, Board Member; Mim Foley, President of the Friends Board; Bob Allman, Foundation Chairman; Joe Denhart, Salomon Smith Barney, Inc.; and Jim Butler, former President of the Board. Jim Butler, 711 Milwaukee Drive, thanked the Council for allowing the Center to be placed on the agenda. Explaining laws and restrictions on shifting from City management to professional management, Mr. Butler provided background information on the change of an investment advisor and referred to the proposal provided to Councilmembers. He added that the investment guidelines had not been changed. Bob Allman, 3208 Maple, explained two substantial advantages to making this change: 1) to reduce the management fees from 2.5% to 1.25%, and 2) to give the Center local contacts for consultation. Referring to the new portfolio, Mr. Allman stated that it will be less volatile in the market and urged the adoption of this contract. City Attorney Knutson stated that City staff has reviewed the investment management agreement and that all details are being worked out; the agreement will be acceptable to the City staff. Councilman Braun moved that the City Council authorize the change in Investment Managers from US Bank to Salomon Smith Barney, Inc. and authorize the execution of the agreement for the new contract set forth by the Fine Arts Centers, citing the changes; Councilmember Rogers seconded the motion, which passed unanimously. Jerry Nichols, 330 East 1st Street, and Mel Rudin, 1002 Strait View Drive, referring to the commissioned study in 1996 for a golf course site alongside the airport, mentioned AGS (Airport Golf Services) who is in the process of making a proposal to the Port Authority to develop a golf course. Mr. Nichols urged the Council to consider this project as it will generate revenue to the City. AGS will develop the course, manage it, and the community would enjoy profits through employment and investments. The Port Authority is to take action on this by July 22, 2002, in the form of a memorandum of understanding. He further encouraged the City to have a staffmember assist in the process. Following a brief discussion, Mayor Wiggins thanked Mr. Nichols and Mr. Rudin for -2- CITY COUNCIL MEETING 4698 July 2, 2002 LATE ITEMS TO BE bringing this to the Council's attention. Manager Quinn added that the City would PLACED ON THIS OR defmitely assist in this and appointed Director Connelly as the City contact person. FUTURE AGENDAS: (Cont'd.) Paul Lamoureux, 602 E. Whidby, showed Councilmembers the most recent copy of the AAA travel magazine, referring to the advertisement which is very complimentary to the work that the City of Port Angeles is doing, specifically the Maritime Museum, the Fountain area, and the Pier. Mr. Lamoureux asked about the paving and landscaping by the library and about weed spraying in conjunction with street sweeping. Manager Quirm responded that the library is a separate governmental agency, that the library district is responsible for their facility, and that the City is spraying for weeds. Vincent Cipriano, 815 S. Peabody, spoke to the 28% rate hike in utility bills and added that he is taking a stand to not pay his bill. He feels this rate was criminally done, and when and if this issue is resolved in court, he will pay his bill should the court decide the rate was raised legitimately. Break Mayor Wiggins recessed the meeting for a break at 6:45 p.m. The meeting reconvened at 7:05 p.m. LATE ITEMS TO BE Mayor Wiggins placed a contemplative letter to the Commissioners on the agenda as PLACED ON THIS OR Item No. 4 under "Other Considerations." FUTURE AGENDAS: (Cont'd.) Councilman Williams asked that an update on the Morse Creek Hydro Project be added as Item No. 5 and a progress report on the Discovery Trail be added as Item No. 6 under "Other Considerations." PUBLIC HEARINGS - Public Works & Utilities Director Glenn Cutler reviewed the changes requested in the OTHER: last public hearing. Capital Facilities Plan / Councilman Williams inquired about the Morse Creek Hydro Project and if it should Transportation be included in this plan. Director Cutler explained that it is not necessary for it to Improvement Project appear in the CFP. Public Hearing and Adoption Councilman Braun referred to No. 11 on page 82 of the Council packet, the Peabody Resolution No. 5-02 Street Reconstruction, and asked if this should not have a higher priority. Director Cutler responded that it is scheduled for 2004 in order to do design work in 2003 to have the reconstruction completed in 2004. Because the City will replace the annual overlay, it is possible, he added, to move it up. Council will consider moving the project to a higher level. Mayor Wiggins opened the public hearing at 7:10 p.m. Paul Lamoureux, 602 E. Whidby, referring to an article in the paper on this date that mentioned $1.35 million for designing and replacing of the 8th Street bridges, the paving and chip seal paving program, and $360,000 for preliminary construction of the 8~h Street bridge replacements, and asked what the total would be for these replacements. Director Cutler responded that there are two projects being identified but that they are being handled together. One is to do the design; the second is the actual construction. The estimated cost for both bridges is about $16 million dollars. The City has received grants through the State for about $13 million dollars and is pursuing an additional grant through the State for over $3 million dollars. The $360,000 is part of the City's match money. The leverage would be about $600,000 with $15 million in grants from the State. Mr. Lamoureux requested that a clearer explanation be presented to the community in - 3- 4699 CITY COUNCIL MEETING July 2, 2002 PUBLIC HEARINGS - order for all to better understand the financial aspects of the projects. OTHER: (Cont'd.) Mayor Wiggins pointed out that the design cost is about 10 percent of the total reconstruction cost and asked Director Cutler if this is normal. Director Cutler responded that the cost is usually 10-15 percent, adding that what also has to be considered is soil exploration, permitting, public hearings, and a number of other efforts in a project of this magnitude. The City is working with the State to ret-me the project. In response to Mr. Lamoureux's questions, Director Cutler informed him about information available in the office on the projects and would be more than happy to share that information. Mr. Lamoureux wondered about any consideration being given to the widening of 9~ Street from Lincoln to Chase because problems have resulted for through traffic. He asked a second question about the speed limit of 25 mph on Cherry Street, and, if the street were widened, the speed limit could be raised to 35 mph. Mayor Wiggins drew Mr. Lamoureux's attention to Item No. 29 on page 82 of the packet, which is the 9th Street widening. There being no further testimony, Mayor Wiggins closed the public hearing at 7:19 p.m. and read the Resolution by title, entitled RESOLUTION NO. 5-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Six-Year Capital Facilities Plan/Transportation Improvement Program (TIP) for 2003-2008. Councilman Braun moved to pass the Resolution as read by title. Councilmember Erickson seconded the motion, which passed unanimously. FINANCE: 1. Award Contract for Peabody Heights Floating Reservoir Cover Award Contract for Mayor Wiggins requested a motion to table this item until more information is Peabody Heights Floating available. Councilmember Erickson moved to table the motion, pending further Reservoir Cover study. Councilmember Rogers seconded the motion, which passed unanimously. Equipment Purchase: 2. Equipment Purchase: Landfill Front End Loader for the Compost Facility Landfill Front End Loader for the Compost Facility Following a brief summary by Director Cutler, Councilman Campbell moved to reject the bid from Coastline Tractor for failure to meet the specifications and authorize the Mayor to sign a contract with Brim Tractor of Lynden for a new front end loader in the amount of $81,404.43 ($78,962.30 including sales tax and a 3% discount for payment within 30 days of receipt of the equipment). Councilman Braun seconded the motion, which passed unanimously. CONSENT AGENDA: Councilman Williams moved to accept the Consent Agenda to include: 1) City/County Joint Session Minutes - June 11, 2002, Special City Council Meeting - June 15, 2002, City Council Regular Meeting of June 17, 2002; 2) Check Register - June 21, 2002 - $370,793.49; 3) Electronic Payment - June 21, 2002 - $142,104.00; 4) Payroll Information for June 23, 2002 - $516,745.71; and 5) Award Contract for 2002 Street Paving Program. Councilmember Rogers seconded the motion, which passed unanimously. CITY COUNCIL Councilmember Rogers mentioned the amount of Salmon Restoration money that has COMMITTEE been allocated to the State - $110,000 with the State's matching funds of $47 million REPORTS: for a total of $158 million and asked if some of this money could also be allocated to -4- CITY COUNCIL MEETING 4700 July 2, 2002 CITY COUNCIL help with stormwater issues. She is continuing to pursue this with Congressman Dicks' COMMITTEE office. She also attended a Trade Security & Transportation Conference sponsored by REPORTS: Senators Cantwell and Murray, stating it was educational. One of the key items was the (Cont'd.) allocation of federal money to local fire and police departments to be ready for a possible attack of terrorism. Congressman Dicks thought it was critical that the money does flow down and asked that the local governments keep him posted if problems occur. Referring to Referendum 51, she also mentioned that there is much pressure to pass the referendum for the transportation dollars, because if it fails, Senator Murray will not be able to procure transportation money for the State; the federal government will only fund 80%; the State needs to match 20%. The Council must take the time to explain these issues to the voters regarding the consequences of the referendum's success or failure. Following a question regarding the Peninsula as a safe haven in the event of a terrorist attack in the Puget Sound area, Fire Chief Dan McKeen stated that most issues involve City jurisdiction. The Peninsula, Kitsap County, Jefferson County, or even Clallam County could be greatly impacted by King or Pierce Counties. The priority is for dealing with the threat locally and then looking at secondary impacts. The Fire Department is in receipt of equipment to recognize chemical/bio-hazard events. Police Chief Riepe added that the Department is now on a number of task forces connected to the Attorney General's office and the FBI out of Seattle and do receive briefmgs. They are also working with the Coast Guard and other entities on harbor security. Mayor Wiggins inquired about local planning for the safe haven. Chief McKeen responded that the City and Clallam County, as well as other jurisdictions, have been looking at these issues and are currently re-writing the disaster response and mitigation plan. The City is also working regionally to improve inter-operability with all other agencies. Councilman Braun represented the Mayor and Council in welcoming the Genealogy Society at Peninsula College and read a letter from Chairman June Robinson which thanked Mr. Braun and the City. Mr. Braun also attended the Outstanding Public Service Award luncheon; reported that the first Ice Staking facility meeting will be on July 22, 2002, at 7:00p.m.; and presented brochures on fixtures for lighting on the replacement bridges. Mayor Wiggins mentioned that Lawrence Gaydeski was severely burned while welding and is now in satisfactory condition in Seattle, adding that conveying good wishes to him would be most appreciated. He further mentioned that the Congress of Cities is scheduled in Salt Lake City, Utah, on December 3-7, 2002 and that he had attended the opening ceremonies at the new Quileute Coast Guard Facility in LaPush. Councilmember Rogers informed Councilmembers that an extra vehicle is available for the Fourth of July parade and urged members to ride in the parade. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Following a summary by Assistant Planner Sue Roberds, Mayor Wiggins read the Resolution by title, entitled Petition for Vacation of Right-Of-Way - YMCA: RESOLUTION 4-02 Petition for vacation of a portion of the 3/4 alley A RESOLUTION of the City Council of the City of Port Angeles, west of Francis Street Washington, setting a hearing date for a petition to vacate a Resolution No. 4-02 portion of the 3/4 alley west of Francis Street. -5- 4701 CITY COUNCIL MEETING July 2, 2002 RESOLUTIONS: Councilman Campbell moved to pass thc Resolution setting a public hearing for (Cout'd.) Council's August 6, 2002, regular meeting and forward the request to the Planning Commission for a recommendation. Councilman Braun seconded the motion, which passed unanimously. OTHER 1. Mantooth Annexation Request CONSIDERATIONS: Planner Roberds summarized the request for continuation, following which Mantooth Annexation Councilman Braun moved to continue the discussion with the petitioners to the Request July 16, 2002 City Council meeting at which time the ballot issues can be determined for an election at the time of the September 2002 primary. Councilmember Rogers seconded the motion, which passed unanimously. Petersen Preliminary Short 2. Petersen Preliminary Short Plat SHP 02-02 Plat SHP 02-02 Appeal Councilman Williams moved to continue the appeal of the preliminary short plat approval of Peterson SHP 02-02 to the July 16, 2002, City Council meeting at which time there will be a revised staffreport. Councilman Campbell seconded the motion, which passed unanimously. Appeal of Conditional Use 3. Appeal of Conditional Use Permit Decision - Heckman: consideration of Permit Decision - appeal of denial of unimproved seasonal parking area in the Central Business Heckman: District Ms. Roberds summarized background information and introduced Jack Heckman, the appellant. Jack Heckman, 647 Black Diamond Road, referred to his letter to the Council and to the issue of unimproved property for a seasonal, temporary overflow parking area. The conference center and Gateway projects may ultimately require the area used for the seasonal activity; therefore, it can no longer be used for overflow parking. The activity has been allowed since 1990. Mr. Heckman is appealing denial of the land use activity permit by the Planning Commission. Councilman Braun supported Mr. Heckman' s appeal, especially in reference to parking for tourists. Following a brief question and answer session, Council Campbell moved to uphold the applicant's appeal, citing conditions 1-3, findings 1-13, and conclusions A- F from staff's June 12, 2002, staff report to the Planning Commission, as set forth in Exhibit "A," which is attached to and becomes a part of these minutes. Councilman Williams seconded the motion, which passed unanimously. Form of County 4. Form of County Government Letter Government Letter Mayor Wiggins, referring to the letter, felt that if the Council was not in agreement, a response to the letter would not be forthcoming. Councilmember Rogers stated that decisions would go to the Charter Review Group and are extended until July 11, 2002. Mayor Wiggins then read the letter which states that the County Government needs a major overhaul in order to function in today's environment. Also included in the letter were recommendations by the Council which are contrary to what is being recommended by the County. Councilman Braun stated that the part-time five-member group, the Assessor, the Prosecuting Attorney, the Auditor, the Sheriff, and Treasurer be appointed positions reporting directly to the County Executive. He senses that voters are used to voting for -6- CITY COUNCIL MEETING 4702 July 2, 2002 OTHER these positions. CONSIDERATIONS: (Cont'd.) Councilmember Erickson stated that she does not think it is a good idea to do this; it is too late. She also commented that she did not think it was appropriate to send the letter because it would be inappropriate to have five part-time people rather than three full- . time people, staiifig that these three Will provide more accountability than five part-time people. She believes this would take away from the people's ability to control their government. Councilmember Rogers commented that when the Assessor, Treasurer, and the Auditor are independent, there is no pyramid to which to report, which has caused problems in reaching goals and problems with smaller communities being under represented; it is not an issue of accountability but of representation. Following further brief discussion, Mayor Wiggins commented that the issue would not be taken any further at this point in time. Morse Creek Update Councilmember Williams asked for an update on this project. Director Cutler responded that there has been no change within the last few months. The City has reached a consensus with the various State and Federal agencies regarding flows; these were sent to consultants and an error in local consumptions was discovered. Increased flow information has been sent back to governmental agencies who will meet on July 9, 2002. After receiving go-aheads from the agencies, work will begin on the plant. The City still has the license in place and is working with FERC. Discovery Trail Update The Rayonier Mill site trail project was awarded and work should begin on July 11, 2002, and be completed by August 4, 2002. The volunteers for the Peninsula Trails Coalition have completed the construction and repair on the footbridge which will be moved to cross Ennis Creek. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Manager Quinn announced that the Gateway Review Committee Meeting has been moved to Friday, July 12, 2002. Updates of Council projects were also provided to Councilmembers. Councilman Campbell asked if Mayor Sugiyama of Mutsu City will arrive on or about July 28, 2002. Tad Price, 1613 West 11% reported that Mayor Sugiyama's staffhas sent a notice of his arrival, but the official letter has yet to arrive. Plans are being made for his visit. Manager Quinn pointed out Item L.2 in the packet on governmental fund projects. Finance Director Ziornkowski reported that this list is a proposal to the Council, not a final list. The list is to allocate funding sources toward certain projects in order to prioritize those projects. Staffwill need input and direction from the Council at the next Council meeting. EXECUTIVE SESSION: The meeting was adjourned to Executive Session at 8:25 p.m. to discuss litigation for 40-50 minutes. RETURN TO OPEN The meeting returned to Open Session at 9:52 p.m. SESSION: -7- 4703 CITY COUNCIL MEETING July 2, 2002 ADJOURNMENT: The meeting was adjourned at 9:52 p.m. ayor Becky J. Upl~--C~ C~e~ ]-- Exhibit "A" 4704 RECOMMENDED CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF APPEAL OF CONDITIONAL USE PERMIT - CLIP 02-03- HECKMAN: Conditions: 1. The seasonal, temporary, commercial off-street parking use is approved from June 12, 2002, until September 30, 2002. 2. A parking tot attendant shall be on-duty during those times when vehicles are being parked. 3. The applicant shall keep the area free of litter during operation of the area as a temporary parking lot. Findings: 1. The request is to allow continuation of a seasonal, temporary, commercial off- street parking lot activity in the Central Business District (CBD). The proposed site is the unimproved property located at the northeast comer of the intersection of Front Street and Oak Street. Independent parking lots have been permitted uses in the CBD since 1995. 2. The proposal to use the unimproved site as a seasonal, temporary parking area is non consumptive of the land available for development in the Central Business District as it can easily be converted to a higher use. 3. Under appeal to the City Council in 1990, it was determined that a temporary parking activity does not necessarily require normal improvements due to the temporary nature of the activity. 4. The ferry system and other tourist activities generate a need for long-term off- street parking in the Downtown area. 5. Public Works standards for parking lots require parking lots to be paved, striped, and designed for best stormwater control management. 6. The applicant has operated the temporary parking lot at this location since 1990 by conditional use permit. 7. There have been no complaints with regard to the operation of the temporary parking lot for several years. A complaint regarding litter was submitted several years ago. The applicant has subsequently been diligent in maintaining the area while used as an overflow parking lot. 8. The application request was posted and published in the Peninsula Daily News on May 12, 2002, and was m ailed to surrounding property owners on May 8, 2002. A public comment period ran to May 28, 2002. No comments were received. 9. Improvements are being planned for the Downtown area which could result in the subject location being utilized to staging of construction projects and for displaced parking. 10. Goal B and Policies B. 14 and B. 16 of the Transportation Element of the City's Comprehensive Plan encourage off-street parking facilities to be sufficient and accessible within the business and residential areas and that allowances should be made for shared parking facilities. 4705 Conclusions: A. As conditioned, the proposed use is compatible with surrounding commercial uses and with the intent of the CBD zone. B. As conditioned, the time period for the use is in the public use and interest and is not detrimental to the public welfare. C. As conditioned, the proposal is consistent with the intent of Section 17.24 (Central Business District) of the Port Angeles Municipal Code. D. The use is in compliance with the City's Comprehensive Plan goals and policies. E. Compliance with the City's Parking Ordinance and Public Works standards for a temporary use requires a significant investment. Adopted by the Port Angeles City Council at its meeting of July 2, 2002. ~'"~Glenn Wiggins, Mayor B~-cky J~ ~n,~ity ~le~c- - - -