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HomeMy WebLinkAboutMinutes 07/03/1990 1648 CITY COUNCIL MEETING Port Angeles, Washington July 3, 1990 I CALL TO ORDER Mayor Sargent called the regular meeting of the Port Angeles City Council to order at 7:02 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Carol Bornson from Hamilton School. III ROLL CALL Members Present: Mayor Sargent, Councilmen Gabriel, Hallett, Lemon, Nicholson, Ostrowski, Wight [arrived at 8:35 P.M.]. Members Absent: None. Staff Present: Interim Manager/City Attorney Knutson, Clerk Maike, R. Dyker, M. Cleland, B. Collins, L. Glenn, J. Pittis, B. Titus, B. Coons, B. Upton, K. Maike, G. Kenworthy, G. Beck, K. Ridout, H. Hutchison. Public Present: J. Michalczik, O. Campbell, F. Burch, D. & M. Hansen, J. VanOss, J. Jamesen, D. Wolfe, L. Beil, C. Whidden. IV APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 19, 1990 Councilman Ostrowski moved to approve the minutes of the Special/Regular meeting of June 19, 1990. Councilman Lemon seconded the motion, which carried unanimously. V FINANCE 1. Request for Progress Payment #1 of $297,522.86 to DelHur for Landfill Construction Councilman Nicholson moved to authorize Progress Payment #1 to DelHur for the Landfill construction in the amount of $289,419.13, less 5% retainage of $14,470.96, plus applicable taxes of $22,574.69, bringing the total amount due to $297,522.86. Councilman Ostrowski seconded the motion, which carried unanimously. VI CONSENT AGENDA Councilman Hallett moved to accept the items as presented on the Consent Agenda, including (1) Correspondence from Washington State Liquor Control Board; (2) Vouchers of $1,339,867.39; and (3) Payroll of 6-29-90 of $297,882.12. Councilman Lemon seconded the motion, which carried unanimously. VII ITEMS FROM THE COUNCIL/AUDIENCE TO BE CONSIDERED/PLACED ON THE AGENDA Interim Manager Knutson requested the Council add Item 16, Consideration of Appointment to Joint Committee for the City and School District Regarding Tennis Courts. VII LEGISLATION 1. Yard of the Month Awards - July, 1990 Mayor Sargent presented Yard of the Month Awards to the following people: Robert and Ruth Worley, 338 East Whidby; Wallace and Gail Hinderer, 3744 Crabapple Place; Ira Slate, 135 West llth Street; Pearl Wahlberg, 225 West 13th Street; and Joseph Jameson, 1821 West Fourth Street. -1- 16~9 CITY COUNCIL MEETING July 3, 1990 2. PUBLIC HEARINGS - PUBLIC WORKS A. Consideration of Adoption of .0025% Real Estate Excise Tax Director of Public Works Pittis provided the Council with a brief explana- tion of the proposed tax, stating this is an optional tax to access the Public Works Trust Fund loans. In order for the City to take part in the Public Works Trust Fund, there must be passage of the tax and adoption of the Capital Improvement Program. He stated that the money which would be brought in from the tax must be spent on capital improvement projects. He explained that the Public Works Trust Fund is a State program which offers low interest loans to help local governments finance needed public works projects. The general construction loans of 2% to 3% have terms of up to 20 years. The City would be eligible for $2.5 million in total loans during any one funding cycle, but may only apply for one project in each category. Types of projects for which the loans could be used are the improvements to the Sewage Treatment Plant, arterial street improvements, storm drain improvements, replacement of Eighth Street bridges, and also replacement and upgrade of sidewalks. Pete Butkus, representing the State of Washington Department of Community Development, Manager of the Public Works Trust Fund, answered a few of the Council's questions; one, regarding the loan application deadline for 1991 being July 21, 1990; and that the Public Works Trust Fund approves approxi- mately two-thirds of the loan applications in every cycle. He again empha- sized to the Council that the local option real estate tax must be exer- cised before applying for the Public Works Trust Fund loans. Mayor Sargent opened the public hearing at 7:28 P.M. Frances Burch, 429 West 12th Street, representing the Realtors' Associa- tion, stated that the realtors are not opposed to the tax, but to a real estate tax. She noted that the Growth Management Bill recently passed may allow another 1% to be taxed on the buyer. She again stated that the realtors are not opposed to the tax, but requested that the Council use a different source of funding which would tax a more diverse group of people and not just purchasers. Larry Leonard, 1030 Olympus, asked whether the County is also available to implement the real estate excise tax. Mr. Butkus replied that any county, city, or special district is eligible, if they meet the require- ments. He explained this is not an additive tax. If a city and a county implement the tax it would not total 1/2%, but would remain at 1/4%. Mayor Sargent closed the public hearing at 7:32 P.M. Councilman Ostrowski requested a clarification as to who pays the real estate tax. Interim Manager Knutson stated that Section 6 of the proposed Ordinance provides that the tax imposed is the obligation of the seller and may be enforced through an action of debt against the seller in the manner prescribed. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2598 AN ORDINANCE of the City of Port Angeles, Washington, imposing an excise tax on the sale of real estate, providing for the collection thereof, limiting the use of of the proceeds therefrom, and creating a new Chapter, 3.62, of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title, and to authorize publication in s,mmary form. Councilman Nicholson seconded the motion, which carried unanimously. B. Consideration of Raising Solid Waste Rates Director of Public Works Pittis provided the Council with an explanation of the Solid Waste rate increase and gave an overview of the Solid Waste residential rate history. -2- 1650 CITY COUNCILMEETING July 3, 1990 Councilman Hallett asked whether the rate increase could be paid from City reserves. Director Pittis stated that would not be possible, as the City does not have the reserves available. The higher rate increase is caused by the City not being allowed to burn at the Landfill, the requirement that the City must now cover and compact materials on a daily basis, and many other more costly requirements which have been implemented over the past ten years. Councilman Hallett asked whether the City would anticipate another $3 per year increase in the Solid Waste rates. Director Pittis explained that the City will see increases; however, it will depend upon how the citizens react to recycling programs, and how well citizens take care of yard waste, which is one of the biggest and most dramatic elements in the Landfill. At this time of year, it comprises approximately 40% of the waste. Director Pittis explained to the Council the Solid Waste rate options and revenue projections with and without recycling as an option. He noted that the UAC recommendation is reflected in the proposed Ordinance. Council and staff discussed issues regarding the cost of disposing of tires and appliances, as well as the revenues which the City collects on the scrap metal for appliances. Councilman Lemon stated that the Utility Advisory Committee met for approximately three to four hours in discussing the issue, and they are reluctant to pass on an increase; however, the projected cost of the new Landfill trench was the deciding factor, in that the cost of the trench would have resulted in an 85% increase. The Utility Advisory Committee has decided to postpone the recycling programs; that the City must look at educating citizens on how to control output, as well as input of garbage. Mayor Sargent opened the public hearing at 8:05 P.M. Richard Moon, 1411 South Pine Street, stated he was not opposed to the increase, as he thought it was justified, but he wanted to be sure that the money the citizens are paying is put where it should be. He made reference to tires and appliances which are being buried in the pit and tires being placed in the ravine by the Cemetery. He presented pictures to the Council of the tires in that ravine. Staff and Council discussed this issue briefly. Marie C~, 315 West 15th Street, stated she did not believe recycling is working. She stated the large containers for garbage in the alleys in residential areas are not the answer, since people who have access to those containers do not recycle. She felt that individual containers for each residence would be a better answer to the problem. Councilman Lemon stated the Utility Advisory Committee is checking into the cost for individual containers and that is an issue which is being considered at this time. Ms. Greibel stated that the cost may be high at first, but it will be worth-while in the long run. Mayor Sargent closed the public hearing at 8:15 P.M. She then read the Ordinance by title, entitled ORDINANCE NO. 2599 AN ORDINANCE of the City of Port Angeles, Washington, revising Solid Waste rates and amending Ordinances 2317 and 2540, and Chapters 13.54 and 13.56 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title. Councilman Lemon seconded the motion. Councilman Ostrowski stated he appreciated the decision made by the Utility Advisory Committee on the recycling issue. He felt the Council should take a long, hard look at recycling programs and any incentives they might be -3- 1651 CITY COUNCIL MEETING 3uly 3, 1990 able to implement to make this program worthwhile. Councilman Hallett stated, as Chairman of the Utility Advisory Committee, the Committee is looking at recycling alternatives and will be making recommendations to the Council as to the way the recycling program will be handled. He stated the City may have to subsidize recycling to a point, as it will not be a profitable venture until the private sector finds it profitable to be involved. Based upon the information the Committee has, and with the proposed recycling bids, the rates may have to be increased again. The UAC anticipates having the recommendation on the recycling program to the Council by the end of 1990 or the first part of 1991. The question was called and the motion carried unanimously. 3. PUBLIC HEARINGS PLANNING A. CONDITIONAL USE PERMIT CUP-90(06>09 HUTCHISON, 519 South "K" Street: Request to Allow a Duplex in the RS-?, Residential Single-Family District Mayor Sargent opened the public hearing at 8:24 P.M. There being no public comment, she then closed the public hearing. Councilman Hallett moved to concur with the recommendations of the Planning Commission to approve the Conditional Use Permit, citing the following findings and conclusions: Findings: (1) Duplex units are allowed as a Conditional Use in the RS-? Zoning District, provided they meet certain performance standards and are compatible with the surrounding neighborhood; (2) The proposal is to expand an existing single-family dwelling to provide a second dwelling unit on a 14,000 square-foot parcel of land; (3) The proposal will not increase the overall density in the neighborhood, as it will provide two dwelling units on two Townsite lots; (4) It is expected that the aesthetic characteristics of the duplex will be similar in nature to a large single-family dwelling unit; Conclusions: (A) The proposal is compatible with the surrounding neighborhood; (B) The proposal is in the public interest. Councilman Lemon seconded the motion, which carried unanimously. B. AMENDMENT TO STREET VACATION REQUEST - STV-85(12)9 - PORT OF PORT ANGELES, Tumwater, Cedar & Pine Streets: Request to Amend the Conditions of Approval of a Street Vacation Mayor Sargent opened the public hearing at 8:25 P.M. There being no public comment, she then closed the public hearing and read the Ordinance by title, entitled ORDINANCE NO. 2600 AN ORDINANCE of the City of Port Angeles amending Section 4 of Ordinance No. 2395 relating to the conditions attached to the vacation of certain streets and an alley. Mayor Sargent noted that the reason for the change is public safety. The Waterfront Trail is being moved so people will not have to walk through a highly industrial area, where there may be concern for their safety. Councilman Nicholson moved to concur with the recommendations of the Planning Commission to approve the amendments to the street vacation, as follows: Conditions: (B) A maintenance easement of 10 feet, as measured from the banks of Tumwater Creek, shall be provided on both sides of Tumwater Creek from Marine Drive to Port Angeles Harbor; (D) The Port will reconstruct the intersection of the Truck Route and Marine Drive at such time as the Port constructs the new access roadway into the Port Marine Terminal facility at the Tumwater Truck Route/Marine Drive extension; citing the following findings and conclusions: Findings: (1) The proposed amendments to conditions of Street Vacation No. STV-85(12)9 approval provide for a maintenance access along Tumwater Creek and requires the Port to improve the Truck Route and Marine Drive; (2) The amendments do not adversely impact the Waterfront Trail and are consistent with other adopted City policies; Conclusions: (A) The amendment to conditions of Street Vacation No. STV-85(12)9 are in the public use and interest; (B) The -4- 1652 CITY COUNCILMEETING July 3, 1990 amendments to conditions of Street Vacation No. STV-85(12)9 provide public benefit to the general populace of Port Angeles, and to adopt the Ordinance as read by title and to publish in s,,mmaryform. Councilman Lemon seconded the motion. Council and staff discussed the reconstruction of the intersection in the area by the Port of Port Angeles. Councilman Wight arrived at 8:35 P.M. Following a discussion on the reconstruction of the intersection and the relocation of the Waterfront Trail, the question was called and the motion carried unanimously. C. REZONE REQUEST REZ-90(06)02 - ALWINE, Highway 101 West of Oak Street: The Applicant has Withdrawn this Rezone Request Councilman Lemon moved to accept the applicant's withdrawal of the application. Councilman Ostrowski seconded the motion, which carried unanimously. 4. Decision on SCHNEIDER REZONE REQUEST - REZ-90(02)I - Tumwater Truck Route Area (Continued from 6-19-90) Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2601 AN ORDINANCE of the City of Port Angeles rezoning property east of the Tumwater Truck Route from RS-9, Single-Family Residential, to LI, Light Industrial, and PBP, Public Buildings and Parks. Councilman Ostrowski moved to adopt the Ordinance as read by title, and to authorize publication in summary form. Councilman Gabriel seconded the motion, which carried unanimously. 5. Amended Ordinance for Schneider Rezone Request, REZ-90(02)i, Rezoning Property Designated RS-9, Residential Single-Family, to LI, Light Industrial Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2602 AN ORDINANCE of the City of Port Angeles amending Section 1 of Ordinance No. 2590, to correct the legal description of rezoned property. Councilman Ostrowski moved to adopt the Ordinance as read by title, and to authorize publication in s,,mmaryform. Councilman Gabriel seconded the motion, which carried unanimously. 6. Planning Commission Minutes of June 27, 1990 Councilman Nicholson moved to accept and place on file the Planning Commission minutes of June 27, 1990. Councilman Lemon seconded the motion, which carried unanimously. 7. REVISION TO SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA-89(07)100 DAISHOWA - Port Angeles Harbor, Marine Drive and "K" Street: Request to Revise Shoreline Permit to Enlarge Blower Equipment Structure Mayor Sargent stated the issue before the Council was to determine whether the City Council should approve the revision to Shoreline Substantial Development Permit SMA-89(07)100, permitting the enlargement of the blower equipment structure, previously given Shoreline Master Program approval in connection with the Daishowa America chip export terminal. She noted that the Council needed to determine whether the issue was within the scope and the intent of the original application to extend the entire blower equipment seaward, as stated in the original SEPA application. This is -5- 1653 CITY COUNCIL MEETING July 3, 1990 a matter of an additional 18 inches, totaling a 50-square foot area. Mayor Sargent noted this had been recommended and approved by the Planning Department. Councilman Ostrowski moved to approve the revised Shoreline Substantial Development Permit, SMA-89(07)100, per WAC 173-14-064(2)(b); that the Council has determined that it is within the scope and intent of the original application to extend the entire blower equipment building seaward, as stated in the application SEPA checklist. The revision will become effective immediately, but is subject to the appeal of the Shoreline Hearings Board. Councilman Hallett seconded the motion. Councilman Ostrowski requested clarification on how the Council can determine the scope. Planning Director Collins stated the scope is outlined in WAC 173-14-064(2), stating there had been confusion from the original Shoreline Permit regarding the wording versus the pictures which had been provided. It was the Planning staffVs opinion that the Council would be in a much better position since they approved the original permit to determine what is appropriately within the scope and intent. Director Collins explained that the enlargement of the blower equipment room, as originally submitted with the building permit plan, is greater than proposed under the original approved permit. Councilman Wight expressed his concern that the Council not stretch the 10% rule outlined in the WAC. Interim Manager Knutson suggested that the Council review subsection (g), which discusses whether or not there are any substantial adverse environ- mental impacts which could be caused by what can be construed as a revision. He stated that the Department of Ecology would be more concerned with whether the environment would be harmed by the revision, than whether there would be a technical deviation from the 10% requirement. Councilman Hallett stated he did not feel an additional 18 inches would prompt any adverse impacts and he believed it would be well within the means of the Council and WAC 173-14-064(2) that the Council could determine the revision is acceptable. Mayor Sargent voiced her agreement, as did Councilman Wight. Councilman Lemon stated this is an enlargement of the structure and questioned whether any new equipment would be placed inside the project. Joe Michalczik, project manager, Daishowa America, stated the request for the additional 18 inches is to enable the building to be large enough to work around the same equipment as originally requested. The question was called and the motion carried unanimously. 8. Consideration of Stormwater Management Plan - Input/Comments Accepted Mayor Sargent opened the public meeting for comment at 8:55 P.M. There was no public comment on this issue. Councilman Lemon moved to continue the matter to the July 17, 1990, City Council meeting. Councilman Gabriel seconded the motion, which carried unanimously. BREAK Mayor Sargent recessed the meeting at 9:00 P.M. for a break. The meeting reconvened at 9:15 P.M. Interim Manager Knutson noted for the Council that on Legislative Item #2B, Consideration of Raising Solid Waste Rates, that the Council amend the motion so the OrdinanceVs effective date would be August 1, 1990, as opposed to five days after publication. Councilman Lemon moved to amend the Solid Waste Rate Ordinance to have an effective date of August 1, 1990. Councilman Gabriel seconded the motion, which carried unanimously, with Councilman Wight abstaining, as he was not present during that portion of the meeting. -6- 1654 CITY COUNCILMEETING July 3, 1990 9. Consideration of Ordinance and Purchase Contract for Solid Waste Utility Revenue Bonds Mayor Sargent posed a question regarding the "spotted owl premium", which was noted in the memo to the Council. Duane Wolfe, 2106 West Fourth Street, spoke to the issue, stating at the time the memo was written, staff was unsure of the outcome regarding the spotted owl premium, and in working with Piper, Jaffrey and Hopwood, and the bond counsel, Preston, Thorgrimson, to resolve the matter, the question to be faced was whether or not to insure the bond issue. At the time of the owl decision, there was cause for resistance to the buying of bonds. This resistance was the result of the Port Angeles Landfill being the sole landfill for Clallam County, tied in with the possibility of a faltering economy because of the spotted owl decision. However, as of this time, there has been enough commitment made on the purchasing of the bonds that this is no longer an issue. He noted that the highest rate of interest quoted on the bonds is 7.3%. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2603 AN ORDINANCE of the City of Port Angeles, Washington, adopting and specifying a plan for making additions and betterments to the Solid Waste Utility System of the City; authorizing the issuance and sale of Solid Waste Utility Revenue Bonds in the principal amount not to exceed $5,250,000 for the purpose of providing part of the funds required for acquiring, constructing and installing certain additions and improvements to the Solid Waste Utility System of the City and for the purpose of providing funds for refunding the City's outstanding Solid Waste Utility Revenue Bonds, 1984; authorizing the execution of an escrow agreement related to such refunding; providing for the payment and sale of said bonds; and providing the covenants, terms and conditions under which such bonds and future parity bonds shall be issued. Councilman Hallett moved to adopt the Ordinance as read by title and to publish in s-mmary form. Councilman Nicholson seconded the motion, which carried unanimously. Councilman Hallett moved to approve the purchase agreement with Piper, Jaffray, and Hopwood for the sale of the bonds. Councilman Lemon seconded the motion, which carried unanimously. 10. Request Council to Set a Public Hearing for July 17, 1990, to Consider Appeal of Denial of a Business License Renewal - Ted Connely, dba Great Northwest Trading Co. Councilman Lemon moved to set a public hearing for the July 17, 1990, City Council meeting, to consider appeal of the denial of the business license renewal for Ted Connely, dba Great Northwest Trading Co. Councilman Gabriel seconded the motion, which carried unanimously. 11. Request Council Set Public Hearing for July 17, 1990~ to Consider Appeal of Denial of a Business License Renewal Heiko Thanheiser, dba TH Fire Protection Councilman Lemon moved to set a public hearing for the July 17, 1990, City Council meeting, to consider appeal of denial of the business license renewal for Heiko Thanheiser, dba TH Fire Protection. Councilman Gabriel seconded the motion, which carried unanimously. -7- 1655 CITY COUNCIL MEETING July 3, 1990 12. Request for City Sewer Service Outside the City Limits Paul Cronauer Director of Public Works Pittis noted that Mr. Cronauer, who had placed this item on the Council's agenda, is out of town and requested this item be continued. Councilman Lemon moved to continue the issue to the July 17, 1990, City Council meeting. Councilman Gabriel seconded the motion, which carried unanimously. 13. Consideration of Minor Ordinance Amendments: A. Ordinance No. 2580 Revised Sign Ordinance (1989 should be 1990) Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2604 AN ORDINANCE of the City of Port Angeles, Washington, correcting an inadvertent error in Ordinance No. 2580 and PAMC 14.36.120. Councilman Lemon moved to adopt the Ordinance as read by title. Councilman Gabriel seconded the motion, which carried unanimously. B. Ordinance No. 2595 (Subsection References Incorrect) Zoning Code Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2605 AN ORDINANCE of the City of Port Angeles, Washington, amending Section 5 of Ordinance No. 2595, relating to Adult Entertainment businesses. Councilman Lemon moved to adopt the Ordinance as read by title, and to publish in st,mmary form. Councilman Gabriel seconded the motion, which carried unanimously. 14. Consideration of Resolution Establishing the Comprehensive Plan Advisory Committee Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 15-90 A RESOLUTION of the City Council of the City of Port Angeles establishing the Comprehensive Plan Advisory Committee. Councilman Hallett moved to pass the Resolution as read by title. Councilman Lemon seconded the motion, which carried unanimously. Following a discussion on the appointment process for the Committee members, it was the decision of the Council to advertise the position, to take applications for a two-week period, to screen the applications based upon a questionnaire, and to set interviews at subsequent meetings. 15. Letter From Port of Port Angeles Regarding Public Boat Launching Facilities Interim Manager Knutson stated that he would contact the Port for more information on this item and that he would meet with the Port or designate someone to attend. 16. Consideration of Appointment to Joint Committee, City/School District, re: Tennis Courts Councilman Nicholson volunteered to sit on this Committee; however, he may -8- 1656 CITY COUNCILMEETING July 3, 1990 not be able to attend the first meeting and requested that someone from the staff take his place. Interim Manager Knutson stated either he or a designee would attend. Councilman Lemon requested that Councilman Nicholson keep the Council informed of the process. X CITY COUNCIL COMMITTEE REPORTS/LATE ITEMS City Light Director Titus requested the Council consider setting a UAC meeting some time in late July. Clerk Maike requested that Committee members set several different dates, or give a week they would be available, so the other Committee members could be contacted to make sure they could also be in attendance. The Committee suggested the week of July 23rd, Monday through Thursday, any of those days at 4:30 P.M. Mayor Sargent stated she had received a letter from Transmountain Oil Pipeline Co.; that it is available for review. Interim Manager Knutson stated for the Council's information that Jeff Pomeranz will be in town July 12th through the 16th. His main purpose will be to interview applicants for the Director of Administrative Services position on July 14th. Some of the finalists have requested that the City pay for transportation costs totaling about $1,500 to $1,800 and Mr. Pomeranz has stated that is acceptable to him. XI ADJOURN TO EXECUTIVE SESSION The meeting adjourned to executive session at 10:10 P.M. for discussion of one item of litigation. Approximate length, 15 to 30 minutes. XII RETURN TO OPEN SESSION The meeting returned to open session at approximately 10:34 P.M. XIII ADJOURNMENT The meeting adjourned at approximately 10:35 P.M. CC.166