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HomeMy WebLinkAboutMinutes 07/03/2007 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENTATIONS: Recognition of National Recreation & Parks Month WORK SESSION: Chamber of Commerce Report LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: e 6092 CITY COUNCIL MEETING Port Angeles, Washington July 3, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:02 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, S. Roberds, N. West, T. Pierce, 1. Lierly, and B. Sterling. Public Present: D. DiGuilio, C. Kidd, and S. Zenovic. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Wharton, followed by a moment of silence in honor of all Veterans who served the country in the past and all servicemen who will serve in the future. 1. Proclamation in Recognition of National Recreation & Parks Month: Mayor Rogers read and presented a proclamation to Deputy Director of Recreation Sterling, declaring July, 2007, as National Recreation and Parks Month. Mr. Sterling directed attention to the Fine Arts Center and the Marine Life Center, and he summarized activities conducted on the recreation side, as well as a brochure listing all of the City parks. 1. Chamber of Commerce Report: Russ Veenema, Executive Director, who was accompanied byVanessa Shearer, Special Events/Marketing Coordinator, presented the Chamber's Quarterly Report through June, 2007. Mr. Veenema discussed the schedule of activities for the 4th ofJuly celebration, expressing thanks to the City staff for time and effort in supporting the events. He referenced the new stage at the City Pier, acknowledging support from area companies. Mr. Veenema thanked the Council and stafffor endorsing his desired appointment to the Washington Tourism Commission. He then distributed and reviewed the June statistical report highlighting room tax collections, sales tax, occupancies, web hits, and door counts at the Visitors Center. He discussed an upcoming marketing retreat that will be held with all marketing partners, current TV ads, and the coupon campaign. Manager Madsen added discussion on Ride the Olympics Permitting as Agenda Item H.1. Peter Ripley, 114 E. 6t\ # 1 02, a City resident, commented on a proposed energy resource being considered via solar panels; he suggested the panels be placed at the capped Landfill. Also, Mr. Ripley suggested other energy resources be considered as well, such as methane gas, wave, and wind power. He reported that the Disability Assistance Trust Organization held its first meeting and is currently working on by-laws. - 1 - 6093 CITY COUNCIL MEETING July 3, 2007 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Boat Launch Fees Ordinance RESOLUTIONS: OTHER CONSIDERATIONS: Ride the Olympics Permitting Don Walker, 3901 Diamond Point Road, a County resident, addressed the proposed boat launch fees to be considered by the City Council. He discussed the matter of parking in the vicinity of the boat ramp and asked the Council to consider what it can do for the boaters in return for the payment of a fee. e None. I. Boat Launch Fees Ordinance: Public Works & Utilities Director Cutler provided background information relative to the proposal to institute fees for the City's boat launch on Ediz Hook. He provided a summary of the upcoming repair project for pile replacement, the application submitted for a State grant to help offset a significant amount of those costs, and ongoing costs for boat launch operations and maintenance that total approximately $20,000 per year. The matter of the proposed fees was considered by the Parks & Facilities Committee, as well as the Parks, Recreation & Beatification Commission, who held a public meeting to receive public comment. The question was raised as to whether the City could charge a fee for the boat launch, and the answer is yes. Another question related to possible restrictions because of Federal ownership, and following staff research, the conclusion was reached that fees can be charged. Discussion followed on the different options before the Council as to the level of the fees; staff recommended $8.50 for daily use and $28.75 for an annual permit. In fulfilling the requirement to conduct a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code to add fees for use of the boat launch. Lengthy discussion ensued regarding the benefit of purchasing an annual permit, the enhancement to the inner harbor with the improvements being made, the expense in keeping a quality ramp open, and the reasonableness of charging a user fee. Recreation Deputy Director Sterling answered questions posed by the Council, and various suggestions were made as to the amount ofthe fee, such as $5.00 and $10.00 per day. The Councilmembers acknowledged that the City wants an infrastructure that is attractive, and that users need to help pay in order to maintain that infrastructure. The matter will be returned to the Council at its next meeting. None. I. Ride the Olympics Permitting: Attorney Bloor advised the Council that the Chamber of Commerce is planning a new event called Ride the Olympics, and the Chamber has applied to the City for a permit to use the City Pier and the adjoining parking lot. The Chamber has been unable to obtain the required insurance coverage for liabilities resulting from bodily injury, so City staff cannot issue a permit. The matter is, therefore, being referred to the City Council. Lengthy discussion followed, with Attorney Bloor and Chamber Executive Director Veenema answering questions posed by the Council. Mr. Veenema described the nature of the proposed event, and Attorney Bloor provided further information relative to the fact that motorcycle events are excluded from any insurance coverage that would provide e - 2- e OTHER CONSIDERA TIONS: (Cont'd) Ride the Olympics Permitting (Cont'd) Break PUBLIC HEARINGS - QUASI-JUDICIAL: Heritage Court Subdivision - Final Ordinance No. 3285 PUBLIC HEARINGS - OTHER: Amendment to Sommers Street Vacation Ordinance No. 3286 e CITY COUNCIL MEETING July 3, 2007 6094 protection to the City and to the Chamber. He clarified that this would not be insurance for event participants. This is about liability claims that might be made against the City or the Chamber, for instance, if someone were to be injured and then claim that the City was negligent in permitting the event or it made errors or omissions. Attorney Bloor indicated the Council could decide not to issue a permit, it could direct staff to issue the permit, or it could authorize staff to meet with the Chamber to work out such issues as waivers, indemnification, and any other matters that might provide an additional buffer to the City. Following further lengthy discussion, Deputy Mayor Williams moved to authorize the City Manager to issue a permit for the Ride the Olympics event upon the satisfactory resolution, in conjunction with the City Attorney and the Chamber of Commerce, of adequate indemnification and mitigation of liability issues such that the City is protected as much as possible for the event, given the insurance situation. Councilmember Petersen seconded the motion. The Council discussed the matter further, and individual Councilmembers expressed a personal responsibility to ensure the City's protection. A vote was taken on the motion, with Mayor Rogers and Councilmembers Williams and Petersen voting in favor of the motion. Councilmembers Headrick, Munro, Wharton, and Braun voted in opposition, so the motion failed. Councilmember Munro moved to direct staffto continue working with the Chamber of Commerce on the insurance matter. The motion was seconded by Councilmember Wharton and carried unanimously. Mayor Rogers recessed the meeting for a break at 7:44 p.m. The meeting reconvened at 7:56 p.m. 1. Heritage Court Subdivision - Final: Planning Manager Roberds reviewed the Heritage Court Subdivision, involving 15 lots in an RS-9 Residential Single Family zone in the 2400 Block of West 12th Street. She indicated the developer has met all requirements established by the City. Mayor Rogers reminded the Council this is a quasi-judicial matter. She then opened the public hearing at 8:00 p.m. There being no public testimony, the public hearing was closed at 8:00 p.m. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3285 AN ORDINANCE of the City ofPort Angeles, Washington, approving the final plat of the Heritage Court Subdivision. Councilmember Headrick moved to adopt the Ordinance as read by title, incorporating Findings 1 - 5 and Conclusions 1 - 2. The motion was seconded by Councilmember Braun. Deputy Mayor Williams indicated he has had no change in involvement with this subdivision since the matter was first considered. A vote was taken on the motion, which carried unanimously. 1. Amendment to Sommers Street Vacation: Planning Manager Roberds reminded the Council it had approved the vacation of unopened right-of-way for a portion of the Hazel/Madrona alley east ofFairmont Avenue in November, 2006. An amount for cO,mpensation was established; however, since that time, the matter was again reviewed by the Real Estate Committee in view of the possibility of the property having been previously vacated by an act of law prior to annexation to the City. The Real Estate Committee, therefore, recommended there should be no compensation for the vacated property. Revised Findings and Conclusions were placed on the dais for the Council's review. - 3 - 6095 CITY COUNCIL MEETING July 3, 2007 PUBLIC HEARINGS - OTHER: (Cont'd) Amendment to Sommers Street Vacation Ordinance No. 3286 (Cont'd) Adoption of 2006 International Building Code Ordinance No. 3287 Adoption of International Property Maintenance Code Ordinance No. 3288 Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3286 e AN ORDINANCE of the City ofPort Angeles, Washington, amending Ordinance 3259, as amended, to revise the compensation for the street vacation authorized. Mayor Rogers opened the public hearing at 8:05 p.m. Patricia Ray Sommers, 4119 Fairmont Avenue, was present to answer questions. There being no public testimony, the public hearing was closed at 8:06 p.m. Deputy Mayor Williams moved to adopt the Ordinance as read by title, citing Findings 1 - 4, Conclusions A - B, and Condition 1. The motion was seconded by Councilmember Braun, and following brief discussion, a vote was taken on the motion which carried unanimously. 2. Adoption of 2006 International Building Code: Mayor Rogers noted that a revised Ordinance had been distributed to the Council. Planning Manager Roberds indicated the 2006 International Building Code went into effect in the State of Washington as of July 1 st. She noted that Sections I. and M. were deleted in the revised Ordinance. Mayor Rogers opened the public hearing 8: 10 p.m. There being no public testimony, the public hearing was closed at 8: 1 0 p.m. Deputy Mayor Williams moved to waive the second reading of the Ordinance. Councilmember Petersen seconded the motion, which carried unanimously. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3287 AN ORDINANCE of the City of Port Angeles, Washington, adopting the 2006 editions of the International Building, Mechanical, Fire and Residential Codes, the 2006 Uniform Plumbing Code, the 2006 Washington State Energy Code, the 2006 Washington State Ventilation and Indoor Air Quality Code with amendments and appendices. Deputy Mayor Williams moved to adopt the Ordinance as read by title. Councilmember Petersen seconded the motion. Building Inspector Lierly answered questions raised by the Council having to do with education ofthe local builders, as well as how changes to the Code may be accomplished. A vote was taken on the motion, which carried unanimously. 3. Adoption of International Property Maintenance Code: Planning Manager Roberds advised the Council that adoption of the International Property Maintenance Code would provide an additional tool to staff for property maintenance. Further, it will replace the Uniform Abatement of Structures Code. She felt it is more' simply written with common sense language. Discussion ensued on whether notice to title will be sent and on the enforcement process. Mayor Rogers opened the public hearing at 8:22 p.m. There being no public testimony, the public hearing was closed at 8:23 p.m. Mayor Rogers read the Ordinance by title, entitled e - 4- e Adoption of International Property Maintenance Code Ordinance No. 3288 (Cont'd) FINANCE: CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: e CITY COUNCIL MEETING July 3,2007 6096 ORDINANCE NO. 3288 AN ORDINANCE of the City of Port Angeles, Washington, providing for the adoption, administration and enforcement of the 2006 Edition of the International Property Maintenance Code; repealing ordinances in conflict therewith, and amending Chapter 14 of the Port Angeles Municipal Code. Councilmember Headrick moved to waive the second reading of the Ordinance. Deputy Mayor Williams seconded the motion, which carried unanimously. Councilmember Wharton moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Braun and carried unanimously. None. Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council minutes dated June 19, 2007; and 2.) Expenditure Approval List - 6/9/07- 6/22/07 - $779,338.80. The motion was seconded by Councilmember Munro and carried unanimously. Manager Madsen noted the earlier distribution of an informational memo on the Gateway Archaeology. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 35 minutes under the authority ofRCW 42.30.11O(1)(d) negotiations on the performance of public coptracts, and RCW 42.30.110(1 )(i), potential litigation, with no action to follow. The Executive Session convened at 8:27 p.m., and, at 9:05 p.m., the Executive Session was extended for an additional 20 minutes by announcement of the Mayor. The Executive Session concluded at 9:22 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 9:22 p.m. - 5 - .. Exhibit" A" 6097 FINDINGS, CONCLUSIONS, AND CONDITION, IN SUPPORT OF AMENDMENT TO THE SOMMERS ET AL STREET VACATION - STY 06-07, Portion of Madrona/Hazel Alley. Findings: 1. A petition requesting vacation of a portion of the Madrona/Hazel Street Alley located east of Fairmont Avenue abutting the west Y:z of Lot 5 and Lots 6 - 10, 11, 12, 13, and 14, Block 11, Puget Sound Cooperative Colony's Second Addition to Port Angeles was submitted on August 25, 2006, by 100% of the abutting property owners. Following a public hearing by the Planning Commission, review by the City's Real Estate Committee, and a public hearing by the City Council, on November 21,2006, the City Council adopted Ordinance #3259, vacating the subject right-of-way with one condition. The attached condition was to ensure that the vacated right-of-way would be combined with abutting lots into consolidated building sites. 2. The subject right-of-way is located east of Fairmont Avenue between Hazel and Madrona Streets and was platted in 1900 as part ofthe Pennsylvania Park Addition. The right-of-way remains unopened and is not anticipated to be needed for future development. Abutting property owners have freely used those portions ofthe right-of-way abutting their ownerships as yard area. 3. Lots within the Pennsylvania Park Addition were platted to be smaller than the City's standard RS-9 lots. 4. Staff continued to discuss the matter of the status of certain rights-of-way platted while in the County with the Council's Real Estate Committee in May, 2007. It was determined that certain rights-of-way in such plats may have been considered to have been previously vacated if those rights-of-way were platted in the County prior to 1906, and had not been developed or expected to be used for public use. The Council's Real Estate Committee reviewed the matter of compensation established for the vacation of right-of-way by Ordinance 3259 with further consideration given to the information provided regarding the (1890) County Road Law. Conclusions: A. As conditioned, consolidation ofthe petitioners' property ownerships with the vacated right- of-way will ensure that the vacated right-of-way becomes part of the abutting lots. Such combination will result in a slight increase in the originally platted lot sizes such that they are more in conformance with the expected minimum lot size in the RS-9 zone. B. The City's action to amend Ordinance 3259 is the right thing to do and recognizes the intent ofthe previous act oflaw with regard to unopened right-of-way. Condition: 1. Individual lots owned by the petitioners shall be combined with the abutting vacated right-of- way by the filing of a Zoning Lot Covenant prior to the issuance of a quit claim deed for the right-of-way. 6098 Findings, condition, and conclusions - Sommers eta! STY July 3, 2007 Page 2 by the Port Angeles City Council at its meeting of July 3, 2007. /)0 1 ~ J. Jdl5^ Becky J. to City Cllr-k