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HomeMy WebLinkAboutMinutes 08/06/2002 4723 CITY COUNCIL MEETING Port Angeles, Washington August 6, 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. Staff Present: Acting Manager/Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, T. Riepe, Y. Ziomkowski, D. Miller, C. Kochanek, D. Dickson, K. Dubuc, J. Cole. Public Present: L. Meyer, D. & J. Duncan. L. Lee, T. Price, M. Wiggins, A. Leonard, K. Leonard, S. Leonard, L. Leonard, W. Leonard, C. Turner, B. Cook, and J. Bohman. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Erickson. ALLEGIANCE: PUBLIC CEREMONIES, Mayor Wiggins read the proclamation and presented it to Gertrud Rohrbach and Cindy PRESENTATIONS AND Kochanek of Gertie's Farmers Market, who presented gifts to Councilmembers. The PROCLAMATIONS: second proclamation will be provided to representatives of the Port Angeles Farmers Market. Proclamation Recognizing Farmers Market Week - Louise Meyer extended an invitation to Councilmembers, staff, and audience to the August 10-17, 2002 Clallam County Fair, opening Thursday, August 15, 2002, for four days and presented Mayor Wiggins with a Fair t-shirt. Invitation to Clallam County Fair WORK SESSION: None. LATE ITEMS TO BE Councilman Williams added the issue of public restrooms based on letters to the Editor PLACED ON THIS OR of the Peninsula Daily News to the Information Agenda. FUTURE AGENDAS: Mayor Wiggins added the vandalism to canoes at Hollywood Beach to the Information Agenda. Jack Glaubert, 223 Hardwick Rd., Sequim, addressed the Council regarding the proposed vacation of Cherry Street, Item H under Resolutions. He distributed to the Council copies of RCW 35.79.035 regarding limitations on vacations of streets abutting bodies of water. He urged caution in vacating the portion of Cherry Street at this time. Mike Lasnier, Lower Elwha Police Chief, provided details and comments relative to the vandalism at Hollywood Beach. Chief Lasnier complimented the Port Angeles Police Department for its outstanding performance concerning this incident. He expressed -1- 4724 CITY COUNCIL MEETING August 6, 2002 LATE ITEMS TO BE confidence that the investigation will be done with expedience and completeness. PLACED ON TI-IIS OR Police ChiefRiepe added that he appreciates working with Chief Lasnier and his staff. FUTURE AGENDAS: (Cont'd) Councilman Campbell expressed his pleasure in hearing from Chief Lasnier that the City is cooperating fully in making an investigation into this matter and that this incident needs to be pursued to the fullest extent of the law to discourage others from attempting this kind of activity. Councilmember Rogers advocated that time be taken to resolve the matter and that the community needs to be educated that this activity is not tolerated. Our efforts, she added, should be patient and detailed. FINANCE: Contract with Moss Bay Group: Finance Director Ziomkowski informed Council that it is a recommended practice that a periodic audit of Information Technology be Contract with Moss Bay conducted. Since this has not been done in the last ten years, Director Ziomkowski Group - IT Consultants stressed its impomnce, as technology changes so rapidly. Internal control, security, and effectiveness and reliability of the system are areas that need review. Following a question and answer period, Couneilmember Rogers moved to authorize the Mayor to sign a contract with the Moss Bay Group for information technology and infrastructure consulting services for a total contact amount not to exceed $31,125, which includes 249 hours of services. Councilman Williams seconded the motion, which carried unanimously. CONSENT AGENDA: Following brief discussion, Councilman Braun moved to accept the Consent Agenda to include: 1) City Council minutes - July 16, 2002 regular meeting and July 30, 2002 special meeting; 2) Check Register - July 26, 2002 - $808,635.99; 3) Electronic Payments - July 26, 2002 - $850,743.00; 4) Agreement between City and Port Angeles School District 121 for High School Resource Officer Program; 5) Finalize Sale of 7~h & Albert Property; 6) Reject Bid for Pump Station Retrofits; 7) Lauridsen Blvd / Edgewood Drive Realignment, Final Acceptance; and 8) Waterline Replacement, Valley Creek Restoration, Contract Change Order. Councilman Campbell seconded the motion, which carried unanimously. CITY COUNCIL Councilmember Erickson reported on the William Shore Pool configuration. COMMITTEE REPORTS: Councilman Braun advised Council of the passing of Mike Fitzpatrick, a Volunteer Fireman for 40 years. Mr. Braun attended the first ice-skating fink meeting held in July; he announced that the next meeting will be August 12, 2002. He also attended the dedication of the Valley Creek Bridge, the Real Estate Committee meeting, and welcomed the NW Regional Girls Fast Pitch members. Councilman Headrick reported on the Valley Creek restoration project. Councilman Williams attended the Real Estate Committee meeting, two Hood Canal Bridge meetings, and announced the stormwater meeting at 6:00 Wednesday, August 7, 2002, at Clallam County. Councilmember Rogers participated in the Clallam Transit training and orientation and gave kudos to staff regarding the fast track I-Net project. Mayor Wiggins attended a Methamphetamine briefing; he asked that the City address this matter in the future, as this is a very serious situation. He then introduced the Leonards, members of the Wiggins family, who were present this evening. RESOLUTIONS: 1. Request for Annexation - ANX 02-01 - Mantooth, Lindberg Road at Ennis Creek: Request for annexation of approximately 30 acres Request for Annexation - Mantooth Community Development Director Collins summarized the background for this request, Resolution No. 6-02 clarified the area perimeters that are to be annexed, and explained election procedures. -2- CITY COUNCIL MEETING 4725 August 6, 2002 RESOLUTIONS: Councilman Heaclrick inquired about a 5-acre parcel that abuts the annexed area. (Cont'd) Councilman Williams requested additional information about access roads and structures which would be isolated; he also addressed issues regarding the AWC and the Request for Annexation - declaration of the petition method to be unconstitutional. Petition annexations are still Mantooth unclear, according to the AWC, and the election method is the only remaining process Resolution No. 6-02 available to cities. The AWC will seek to clarify the boundaries of all cities and to (Cont'd) provide means of annexing uninhabited areas of land. Of the six parcels in question, only one is inhabited. Councilman Williams stated that because of a lack of clarity, he will be voting against this resolution, claiming that the problem is in the petition method for small parcels when not all of the surrounding owners have been asked for input. Director Collins explained that this is the first step in the process for an annexation election. Councilman Williams expressed concern for the retroactive petition annexations which may go back to the 1945 boundaries. Until annexation is clarified statewide, Councilman Williams felt the Council should refrain from taking action. Acting Manager Attorney Knutson explained that the prospect of petition method annexations that have been enacted around the State being invalidated and city limits having to be retracted is highly unlikely. If it were to happen, and the City Council went ahead with this annexation, the effect of this annexation would be minimal. All AWC is saying is that it wants, as part of its legislative proposal to deal with the petition method of annexation, to make sure that there isn't any lingering concern about the validity of past petition method annexations. Councilman Williams asked if it were possible to have six elections, one for each of the other parcels. Director Collins responded that the City is required to set the boundary for the election. Electors within that boundary then vote. Councilman Braun offered that he viewed this from an emergency services standpoint, adding that he sees this as a possible liability to the City in terms of response time. At this time, he would be unwilling to add this to the problems because a substation will have to be added to this area, as well as another reservoir to ensure proper fire flows. For these reasons, he indicated he would not support the annexation election. Director Collins responded that there are adequate services to this area, and Councilman Headrick noted that most of this area is conservation property, so other forthcoming structures are not viable. Councilman Williams added that much of this property is in conversation easements and is being taxed differently. In terms of liability vs. benefit, the amount of income generated from increased valuations will be small. After additional discussion, Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 6-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring a proposed annexation to be in the best interest and general welfare of the City and calling for an election to be held in territory proposed for annexation. Councilman Headrick moved to pass the Resolution as read by title, The motion was seconded by Councilman Campbell and carried 5 - 2, with Councilmembers Braun and Williams voting in opposition. PUBLIC HEARINGS- Rezone Request - REZ 02-05 - Clarke: 910 E. 8th Street: Request for rezone of QUASI-JUDICIAL: approximately 7, 000 square feet of property: Rezone Request - Clarke Director Collins summarized the request, explaining the change from the originally Ordinance No. 3120 requested Commercial Office zone to Commercial Neighborhood. He indicated the -3- 4726 CITY COUNCIL MEETING August 6, 2002 PUBLIC HEARINGS - rezone would result in the expansion of an already existing zone. QUASI-JUDICIAL: (Cont'd) Mayor Wiggins opened the public hearing at 7:30 p.m. Rezone Request - Clarke Chuck Turner, 1207 E. 2na St., representing Dr. Clarke in this application, offered to Ordinance No. 3120 answer any questions that Councilmembers mighthave. Subsequent to briefquestions, (Cont'd) Mayor Wiggins closed the public hearing at 7:32 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3102 AN ORDINANCE OF THE City of Port Angeles rezoning a vacant lot 100 feet east of the intersection of Eighth and Race Streets from RS-7, Residential Single Family, to CN, Commercial Neighborhood. Councilmember Eriekson moved to adopt the Ordinance as read by title, citing Findings 1-9 and Conclusions 1-4, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. PUBLIC HEARINGS- Declare Ennis Creek Property Surplus: Senior Assistant City Attorney Dickson OTHER: addressed the Council, summarizing the background of this property and the requirement to declare it as surplus before it can be sold. Declare Ennis Creek Property Surplus Mayor Wiggins opened the public hearing at 7:35 p.m. There being no forthcoming testimony, Mayor Wiggins closed the public hearing at 7:35 p.m, Couneilmember Erickson moved to declare the property generally described as 32.29 acres, more or less, located on both sides of DelGuzzi Drive, bounded approximately on the east by Ennis Creek, on the south by Lindberg Road, on the west by the Peninsula Golf Course and on the north by DelGuzzi and Route 101, surplus and direct that the property be sold in a manner that is most beneficial to the City. Councilmember Rogers seconded the motion, which carried unanimously. Break Mayor Wiggins recessed the meeting for a break at 7:38 p.m. The meeting reconvened at 7:55 p.m. RESOLUTIONS: 2. Street Vacation Resolution - $TV02-02: Resolution setting public hearing for (Cont'd.) consideration of vacation of Cherry Street north of inner harbor line that has not been previously vacated Resolution Setting Public Hearing for Vacation of Following Director Collins' review of the request, Acting Manager Knutson informed Portion of Cherry Street the Council this street vacation would be for the Department of National Resources in Resolution 7-02 order to clarify title issues regarding a property transaction between the DNR and the Port. Acting Manager Knutson referenced Mr. Glaubert's earlier comments, noting that this is a unique situation and, accordingly, would not necessarily be precedent setting. He also noted that the new Exhibit A indicates that the DNR owns the property on both sides of this right-of-way. Councilman Campbell commented that it would be useful to set the public hearing and to hear from the public about issues and problems with respect to the vacation of this street. Mayor Wiggins read the Resolution by title, entitled -4- CITY COUNCIL MEETING 4727 August 6, 2002 ~ RESOLUTIONS: RESOLUTION NO. 7-02 (Cont'd.) A RESOLUTION of the City Council of Port Angeles, Washington, setting Resolution Setting Public a heating date for a petition to vacate a portion of Cherry Street in Hearing for Vacation of the City of Port Angeles, Washington. Portion of Cherry Street Resolution 7-02 Councilman Campbell moved to pass the Resolution as read by title. Councilman (Cont'd) Iteadrick seconded the motion, which carried unanimously. Resolution for Allocation 3. Resolution for Allocation of General Funds of General Funds Resolution No. 8-02 Public Works & Utilities Director Cutler reviewed the allocations, after which Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 8-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating a portion of the General Fund balance for certain capital projects. Coun¢ilmember Rogers moved to pass the Resolution as read by title. Councilman Headriek seconded the motion, which carried unanimously. Councilman Williams mentioned the need to address the matter of signage in the City; he indicated he would be looking for this matter to be brought forward in the future. Resolution Setting Hearing 4. Resolution setting hearing for vacation of right-of-way: YMCA - STV 02-01 ~ for Vacation of Right-of- Portion of 3/4 alley between Eunice and Francis Streets Way - YMCA - Portion of 3/4 Alley Between Eunice Councilmember Rogers recused herself from the discussion and vote, as she owns & Francis Streets property in this particular vicinity. Mayor Wiggins read the resolution by title, entitled Resolution No. 9-02 RESOLUTION NO. 9-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate a portion of the 3/4 alley west of Francis Street and repealing Resolution 4-02. Councilman Campbell moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried 6 - 0, with Councilmember Rogers abstaining. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: OTHER None. CONSIDERATIONS: INFORMATION: 1. 1~lOth of One Percent Criminal Justice Tax: Police Chief Riepe made a PowerPoint presentation regarding the proposed 1/10th of One Percent Criminal Justice 1/10th of One Percent Tax. The local criminal justice system includes not only Port Angeles, but Sequim, Criminal Justice Tax Forks and Clallam County as well. Other entities involved are the Prosecutor's Office, Public Defender's Office, City Attorney's Offices, Juvenile Services, Superior and District Courts, and the correctional facilities. ChiefRiepe summarized the various job categories within these areas and the duties performed in each. He addressed issues -5- 4728 CITY COUNCIL MEETING August 6, 2002 INFORMATION: such as homeland security, illegal drug activity, traffic problems, violence and safety, (Cont'd) domestic crimes, over-crowding in jails and detention centers, and the current funding sources and restrictions to generate monies to continue to provide these services. If the 1/10th of One Percent 1/10 of 1% sales tax is passed, Port Angeles would receive an additional $185,000 Criminal Justice Tax which would be used toward these programs. Referring to the ever-increasing jail costs (Cont'd) and unfunded mandates, ChiefRiepe pointed out how difficult it is to generate funding to maintain or improve the level of service. Brief discussion followed, and ChiefRiepe was commended for the presentation. Trail Improvements at 2. Trail Improvements at Rayonier Mill Site: Acting Manager Knutson, Rayonier Mill Site referencing the trail improvements at the Rayonier Mill site, related there have been some problems getting the bridge done right away. The City is working with the Trails Coalition and the contractor, but the bridge cannot be completed by the end of the week. Efforts are underway to obtain cost estimates for the work on the bridge, and the City will be discussing funding with the Coalition. He indicated additional funding may be needed from the City. Public Works & Utilities Director Cutler added that construction work is anticipated to be completed by Friday, August 9, 2002, and that the work on the trail is completed, except for some fencing and gate work. Plans and specifications are completed for the bridge abutment over Ennis Creek. Currently the biggest problem is the concrete work. Mayor Wiggins inquired about the previously approved $80,000 and if the bridge work was included in that figure; Acting Manager Knutson responded that it was not. Councilman Headrick added that the Trails Coalition is paying for all the repairs to the bridge and the cost involved is in moving the bridge and setting it in place. Ecology blocks were to be used, but it has now been determined that extensive excavation, building of forms, pouring concrete, and the hiring of an archeologist to prepare the footings for the bridge are needed. These additional costs are what are in question and may require an additional $8-10 thousand. Jeff Bohman, 3753 Canyon Circle, clarified the involvement of the Coalition and explained that the designs need alteration because of too many changes necessary to the ecology blocks. Additionally, because it was learned that one side of the creek is native soil, an archaeologist on site is required. He further explained the additional costs and indicated the Trails Coalition may be able to obtain a better price on the cement work. He, therefore, offered for the Coalition to enter into a Memorandum of Agreement with the City to be the conduit for the remaining work. Discussion was held as to the level of increased funding that would be required to complete the project once the $5,000 Coalition funding has been exhausted. Councilmember Rogers expressed concern with the schedule. Mr. Bohman answered that this problem would not delay the completion more than it would take to approve the contractors to do the additional work. A question was raised about the archeologist, and Director Cutler confn-med that previous involvement with archeologists was conducted on an on-site basis. No record searches were necessary. If significant finds are discovered during the work, then the time table would definitely change. After lengthy discussion, the Council agreed it would be appropriate to proceed with authorizing additional funding. Therefore, Councilman Williams moved to authorize an additional $20,000.00 to cover costs on the Rayonier Trail. Councilman Braun seconded the motion. Acting Manager Knutson asked to conflrrn that the Council's intent is for the City to use the funds from the Coalition before accessing the additional funds from the City. The motion carried unanimously. Public Restrooms 3. Public Restrooms: Acting Manager Knutson advised the Council that the matter of the public restrooms had been addressed at City staff meetings before it -6- CITY COUNCIL MEETING 4729 August 6, 2002 Public Restrooms became an issue in the Peninsula Daily News. The Parks & Recreation Director has (Cont'd) been investigating this matter and has identified some short-term solutions, as well as a long-term approach. Parks & Recreation Director Cormelly shared his impression that public restrooms are often the basis on which visitors and citizens form an impression about the City. Director Connelly provided background information on how the City typically handles restroom maintenance in that one staff person is dedicated in an 8-hour shift to clean restrooms and pick up litter throughout the entire park system. The City has over twenty-five parks with 10 restrooms to maintain. The staff person is only able to clean each restroom once per day. Based on his perspective and experience, Director Connelly indicated the optimum level of maintenance is 3 times per day and, even at that level, it is still difficult to catch everything. In addition to the regular use of the public restrooms, there is also vandalism that occurs, particularly in the downtown. Another factor he noted is the old age of the facilities, which affects the City's ability to keep those facilities clean or at least appearing to be clean based on the perception of the public. Most of the restrooms have 20 - 30 year old concrete floors that were never sealed, and continuous cleaning still results in the perception that they are not clean. The plumbing fixtures are also 20 - 30 years old, and they could be replaced. Director Connelly stressed the importance of increasing the frequency of cleaning the restrooms. Accordingly, the department has made some scheduling changes for the restrooms downtown and on Ediz Hook. These facilities are now being cleaned in the morning and late afternoon, with a mid-day inspection. The result of this change is that resources are being taken away from other tasks in the Parks Department, but Director Connelly felt it important for the situation to be corrected. Additionally, he suggested that there are some capital improvements that could be considered in order to enable staff to clean the restrooms more efficiently. He indicated that the restroom at City Pier will be tiled this fall, as that facility is basically a cement structure and is almost impossible to clean thoroughly in a timely manner. He also noted that tile is easier to replace when vandalism occurs, plus it doesn't soak up graffiti the same as concrete. Director Connelly stated that more resources will be directed toward cleaning the public restrooms, which will address the problem in the short term. In the long term, it is recommended that the restrooms be updated, and that certain standards be set in the budget where the necessary resources are available to maintain the restrooms. Discussion followed concerning paper products versus hand dryers, vandalism, as well as the advantage of a visible presence of staff and police in the downtown waterfront area to avoid vandalism. In that the Downtown Association has an interest in the public restroom issue, Director Connelly indicated a meeting will be held with the Downtown Association in the near future to further discuss cooperative solutions. Discussion was also held with regard to the need to have adequate facilities for the many activities held downtown. Councilman Williams addressed the issue of capital outlay versus contracting to another party for maintenance. Further, he expressed interest in a cost/benefit analysis, which Director Connelly indicated could be incorporated into the budget process. In concluding, Director Connelly informed the Council that the matter of public restrooms was placed first on the list of items identified by the public when discussing the Comprehensive Park / Open Space Plan for the City. On another matter, Councilman Braun recognized Clerk Upton for being accepted to the Master Municipal Clerk's Academy Program, International Institute of Municipal Clerks. Mayor Wiggins and Council applauded her accomplishment. EXECUTIVE SESSION: The meeting was adjourned to Executive Session at 9:10 p.m. to discuss several items of litigation and potential litigation for approximately 45 minutes. -7- 4730 CITY COUNCIL MEETING August 6, 2002 RETUR~ TO OPEN The meeting returned to Open Session at 9:45 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 9:45 p.m. · J G~enn Wiggins, Mayor B-~cky J. U~[(n~ Cit~lerk-/--- -8- Exhibit "A" 4731 RECOMMENDED FINDINGS AND CONCLUSIONS IN SUPPORT OF CLARKE REZONE - REZ 02-05: Findings 1. The applicant, Denise E. Clarke, is requesting a rezone of Lot 7, Block 276, Townsite of Port Angeles, from Residential, Single Family, (RS-7) to Commercial, Neighborhood, (CN). 2. The subject site is comprised of one standard sized lot, 50' by 140' (total of 7,000 square feet) and is developed only with a small storage building and some landscaping. 3. The Comprehensive Plan designates the lot as being on an imprecise margin between Low Density Residential and Commercial. 4. The subject property is adjacent to Commercial Neighborhood (CN) to the west and Residential, Single Family (RS-7) to the east, north and south. 5. Comprehensive Plan policies most directly related to the proposed rezone include: Growth Management Element, Goal A, Policy 1.a; Commercial Goal D. Policy 1 and Goal E. Policies 3, 7, and 8; Economic Development Element Goal A, Policy 5. 6. The purpose of the CN zone is as follows: 'This is a commercial zone intended to create and preserve areas for businesses which are of the type providing goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be lo'~'ated and designed to encourage both pedestrian and vehicle access and to be compatible with adjacent residential neighborhoods." 7. The SEPA Responsible Official issued a Determination of Non-Significance for the proposal on July 8, 2002. 8. The public comment period for this application ran from June 7, 2002, to June 24, 2002. During this time, the Department of Community Development received one letter from a neighbor expressing support for the proposed rezone. 9. In accordance with legal requirements of the City of Port Angeles and the State of Washington, the notice of a public hearing for the consideration of the rezone from RS-7, Residential, Single Family, to CN, Commercial, Neighborhood, was advertised in the Peninsula Daily News' legal section on July 21, 2002. A public notice was posted on the site on July 19, 2002. The original request and notice was for a change to Commercial, Office CO. Conclusions: 1. The proposed rezone is consistent with the Comprehensive Plan's Growth Management Element, Goal A, Policy 1 .a; Commercial Goal D. Policy 1 and Goal E. Policies 3, 7, and 8; Economic Development Element Goal A, Policy 5. 4732 2. The proposed rezone is compatible with surrounding land uses and zoning ordinance designations. 3. The rezone is in the public interest and is compatible with the surrounding zoning and land use. 4. The proposed rezone from RS-7 to CN, originally requested for RS-7 to CO, will not significantly change the anticipated impacts to the neighborhood and would not change the analysis made in the staff report to the Planning Commission. Adopted by the Port Angeles City Council at its meeting of August 6, 2002. Glenn Wiggins, Mayor Becky J. ity Clerk