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HomeMy WebLinkAboutMinutes 08/21/2007 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENTATIONS: Presentation to Brent Robinson Introduction of Assistant to the City Manager WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: e CITY COUNCIL COMMITTEE REPORTS: 6110 CITY COUNCIL MEETING Port Angeles, Washington August 21, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:05 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, and Petersen. Members Absent: Councilmembers Munro and Wharton. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziornkowski, T. Pierce, L. Dunbar, S. Sperr, N. West, S. Roberds, A. Roberts, T. Eisele, R. Hixson, G. McCabe, B. Robinson, J. Shay, M. Malovoz, M. Puntenney, T. Beckett, V. Daugaard, D. Logan, G. Drake, L. Hainstock, 1. Klarr, C. McCaughan, B. Rowley, B. Wahto, B. Williams, and D. Dickson. Public Present: D. DiGuilio, C. Kidd, D. Perry, R. Stigen, D. & 1. Gouin, H. Blair, and D. Neupert. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Petersen. 1. Presentation of Certificate to Brent Robinson for Successful Completion of Apprenticeship School: The entire crew from Light Operations joined Mayor Rogers, who read a letter from the Department of Labor & Industries recognizing Brent Robinson for the successful completion ofthe Linemen Apprenticeship School. Kudos were then given to the entire Light Operations crew for their dedication to service. 2. Introduction of Assistant to the City Manager: Manager Madsen introduced Meagan Malovoz, the new Assistant to the City Manager. None. Manager Madsen added as Agenda Item L.5. the setting of a public hearing. Peter Ripley, 114 E. 6th, #102, provided a progress report on the Disability Trust Organization. By-Laws have been approved, registrations obtained, and officers elected. None. - 1 - 6111 CITY COUNCIL MEETING August 21,2007 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Updates to Port Angeles Municipal Code Ordinance No. 3290 Lincoln Park Ponds Fishing Restrictions Ordinance No. 3291 Lincoln Street Storm Sewer Ordinance 1. Updates to Port Angeles Municipal Code: Fire Chief McKeen indicated this is the second reading of an Ordinance related to the elimination of rebates for specific fire sprinkler system installations and the elimination of requirements for certain fire alarm systems. These changes are a result ofthe adoption of the new 2006 Fire and Building Codes. e Mayor Rogers conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3290 AN ORDINANCE of the City ofport Angeles, Washington, providing for the adoption, administration and enforcement of the 2006 Edition of the International Building and Fire Code, amending Chapters 14.23 and 18.08 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Deputy Mayor Williams and carried unanimously. 2. Lincoln Park Ponds Fishing Restrictions: Public Works & Utilities Director Cutler noted this is the second reading of the Ordinance that would make the Port Angeles Municipal Code consistent with Washington State Department ofFish & Wildlife regulations pertinent to limiting fishing at Lincoln Park to those who are less than 15 years of age. ~- Mayor Rogers conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3291 AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 12.04 of the Port Angeles Municipal Code to revise the age to fish at Lincoln Park so that it is consistent with Washington State Department ofFish and Wildlife regulations. Councilmember Headrick moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Petersen and carried unanimously. 3. Lincoln Street Storm Sewer Ordinance: Director Cutler reported on the completion ofthe Lincoln Street Storm Water Project in late 2006. It is now proposed that a connection fee in the amount of$7,293.00 per lot be established for new development that is served by the project. In keeping with 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 ofport Angeles, Washington, establishing charges for connection to the Lincoln Street Storm Sewer. Discussion followed as to how the boundaries were established for the connection charges, and whether the water goes into the storm drain or the sewer system. Director Cutler responded that the boundaries were determined by the flow of the stormwater and the topography of how the water is channeled. He indicated he would provide further information at the September 4th meeting, at which time the second reading of the Ordinance will be conducted. e - 2 - RESOLUTIONS: e OTHER CONSIDERATIONS: FINANCE: Equipment Purchase - Police Vehicle CONSENT AGENDA: INFORMATION: Break PUBLIC HEARINGS - QUASI-JUDICIAL: Race Street Rezone e CITY COUNCIL MEETING August 21, 2007 6112 None. None. 1. EquipmentPurchase - Police Vehicle: Director Cutler presented information relative to the purchase of a new patrol vehicle for one of the new police officers arriving in late 2007. Councilmember Braun moved to authorize the City Manager to sign a contract and purchase order for a 2008 Ford Crown Victoria Interceptor from State Bid Contract Number 04406 with Columbia Ford. Councilmember Petersen seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. Councilmember Headrick moved to accept the Consent Agenda, to include: 1.) City Council Minutes dated August 7, 2007; 2.) Contract Renewal with Port Angeles School District for School Resource Officer; 3.) CFL Markdown Promotion Agreement Revision; 4.) Expenditure Approval List: 7/28/07 - 8/10/07 - $1,245,951.33; and 5.) Set public hearing for September 4, 2007, for surplus trees. Councilmember Petersen seconded the motion, which carried unanimously. Director Cutler provided a status report on the closure of the first 8th Street Bridge and problems related to inoperable traffic lights associated with the closure. He expressed appreciation for assistance received from the Police Department. A ceremony for the deconstruction of the bridges will be held this next Tuesday at 2:00 p.m.; a web cam has been set up so residents can view the construction project on the City's web site. Mayor Rogers recessed the meeting for a break at 6:45 p.m. The meeting reconvened at 7:00 p.m. 1. Race Street Rezone: Mayor Rogers reminded the Council of Appearance of Fairness issues in light of the quasi-judicial hearing, after which all Councilmembers expressed their ability to hear the matter fairly and impartially. Planning Manager Roberds reported that the proposed rezone is along Race Street between 4th and 7th Streets. The application was submitted by the owners of 11 of 14 parcels who are proposing a change from RS-7, Residential Single Family, and RMD, Residential Medium Density, to CO, Commercial Office. In 2006, the City Council amended the Land Use Map Commercial designation along Race Street, defining a depth oftwo lots along Race Street as Commercial. Ms. Roberds advised the Council that the Comprehensive Plan is the City's decision-making tool, and as such, all land use decisions should be guided by the Comp Plan and the associated Land Use Map. Further, she indicated that the Commercial Office designation is intended to provide service to clients, but it should avoid detrimental impacts on adjacent residential developments. The Planning Commission forwarded a recommendation for denial, based on discussions and Comprehensive Plan references that are related to the needed creation of a cross- town route. Ms. Roberds displayed a map depicting the current zoning for Race Street, as well as the proposed zoning. Discussion followed with regard to access for those properties should the rezone be approved. In keeping with the requirement to conduct a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled - 3 - 6113 CITY COUNCIL MEETING August 21, 2007 PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Race Street Rezone (Cont'd) PUBLIC HEARINGS - OTHER: Stormwater Rate Adjustments Ordinance No. 3292 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning property on Race Street from RS-7 (Residential, Single Family) and RMD (Residential, Medium Density) to CO (Commercial Office). e Mayor Rogers opened the public hearing at 7:10 p.m. Janet Gouin, 823 E. 6th Street, presented a letter to the Council containing 49 signatures of area residents opposed to the rezone. She read the letter into the record, stating the group's opposition, based on the applicants' lack of redevelopment plans, the potential creation of a commercial strip, the great majority of properties that are currently zoned for single family dwellings, the fact that Race Street is the gateway to Olympic National Park and should be made attractive, the fact that most of the properties are rentals or investments whereby the owners do not reside locally, and the fact that the Commercial Office designation allows for a variety of uses that may not be suitable for the area. Howard Blair, 604 South Race, spoke in opposition to the rezone. He felt the rezone is being forced on the neighborhoods, and that it should be left residential. He has heard conflicting information as to whether a hotel could be built in the area, which he found troubling. Mr. Blair saw no reason for the rezone. Larry Leonard, 1030 Olympus, uses Race Street several times a day. He recalled that previous applications had been submitted to rezone this property, portions of which were denied. The best argument he heard for rezone was that many properties on Race Street are neglected, and many people are waiting for something to happen so they can build Office Commercial. Mr. Leonard didn't believe people would build residential, and he spoke in support of the Commercial Office designation. There being no further public testimony at this time, at 7:22 p.m., Mayor Rogers continued the public hearing to September 4,2007. Discussion ensued among the Councilmembers regarding previous changes made to the Comprehensive Plan to accommodate Commercial Office on Race Street, the ongoing discussions about a cross-town route, the need to get trucks out of the downtown corridor, and the short-term vision to re-route traffic. Discussion also centered around the desire to minimize parking and curb cuts on Race Street, the current traffic flows on Race Street, the need to improve the LauridsenlRace bridge, the need to seek State funding for a cross- town route and the shortage of funds for that purpose. It was pointed out that, should the rezone be approved, nothing would preclude the addition of single family residences. 1. Storm water Rate Adjustments: Director Cutler provided follow-up to the. presentation and public hearing at the last Council meeting, wherein comments and questions were amassed with regard to the proposed stormwater rate adjustments. Deputy Director of Engineering Services Sperr used PowerPoint slides to summarize further discussions held by the Utility Advisory Committee on such issues as the rate structure, ERU size, the commercial cap, and incentives. Mr. Sperr reviewed in depth each of the issues and advised the Council that the Utility Advisory Committee left its original recommendation for approval unchanged. Mayor Rogers commented on the discussion held at the UAC, indi~ating there was lengthy consideration given to impervious surfaces and how to accomplish parity realizing that some of the smaller impervious surfaces can create greater stormwater runoff. The UAC members felt the recommendation is fair, particularly because all citizens benefit from the public streets. It was noted that 90% of current residents haven't done any stormwater runoff planning, so new developments shouldn't have to pay a higher rate. Port Angeles is the only city on the Peninsula dealing with this issue, but stormwater has no boundaries. e - 4- e PUBLIC HEARINGS - OTHER: (Cont'd) Stormwater Rate Adjustments Ordinance No. 3292 (Cont'd) Break Municipal Code Amendment - Infill Overlay Zone and Planned Low Impact Development Zone Ordinance No. 3293 Ordinance No. 3294 Electric Rates Ordinance e CITY COUNCIL MEETING 6114 August 21, 2007 Mayor Rogers continued 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 conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3292 AN ORDINANCE of the City of Port Angeles, Washington, revising stormwater rates, and amending Chapter 13.63 of the Port Angeles Municipal Code. Deputy Mayor Williams moved to adopt the Ordinance as read by title. Councilmember Headrick seconded the motion. Brief discussion ensued on the fact that this is an unfunded mandate, after which a vote was taken on the motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 8:05 p.m. The meeting reconvened at 8:12 p.m. 2. Municipal Code Amendment - InfiU Overlay Zone and Planned Low Impact Development Zone: Principal Planner West briefly summarized the new overlay zones as proposed at the last Council meeting. Both ofthe zones are optional and are intended to promote developer interest and provide new options to encourage development to a higher than normal standard. The overlay zones would not place any new requirements on local development. Mr. West noted that the definition of attainable housing had been changed in the Ordinance for the infill zone. Brief discussion followed. Mayor Rogers continued the public hearing at 8: 15 p.m. There being no public testimony, the public hearing was closed at 8: 15 p.m. Mayor Rogers conducted a second reading of the .Planned Low Impact Development Ordinance by title, entitled ORDINANCE NO. 3293 AN ORDINANCE of the City of Port Angeles, Washington, adding a new Planned Low Impact Development (PUD) zone to the Zoning Code, Title 17, of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Headrick seconded the motion, which carried unanimously. Mayor Rogers conducted a second reading of the Infill Overlay Zone Ordinance by title, entitled ORDINANCE NO. 3294 . ~'. AN ORD~ANCE.ofthe (:ity of Port Angeles, Washington, adding a new Infill Overlay Zone (IOZ) to the Zoning Code, Title 17, of the Port Angeles Municipal Code. Deputy Mayor Williams moved to adopt the Ordinance as read by title. Councilmember Petersen seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. 3. Electric Rates Ordinance: Director Cutler informed the Council that a presentation had been made to the Utility Advisory Committee on the proposed adjustment to the electric rates; the UAC forwarded a favorable recommendation. With the use of Power Point slides, Power Resource - 5 - 6115 CITY COUNCIL MEETING August 21, 2007 Electric Rates Ordinance (Cont'd) EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: Manager Dunbar reviewed prior rate adjustments that were instituted in 2003 and 2005. The rate adjustments are necessitated at this time because of residential revenue shortfalls, the need to rebuild reserves, the added cost for the purchase of power, increased personnel expenses, and increased inflation. Mr. Dunbar stated that the e recommendation before the Council is for a 5.9% overall adjustment as of October 1, 2007, with no change to the montWy base charge. He noted the average monthly increase is estimated at approximately $5.55 per month. In the ensuing discussion, Mr. Dunbar responded to questions posed by the Council, noting that any wholesale rate increase instituted by the Bonneville Power Administration would need to be factored into the City's rate. Staff should know of any BP A increase by the next Council meeting. In keeping with 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, revising electric utility rates and amending Chapters 13.10,13.12 and 13.14 of the Port Angeles Municipal Code. Mayor Rogers opened the public hearing at 8:45 p.m. Larry Leonard, 1030 Olympus, addressed the matter ofthe sale of the City Light building and its possible relationship to the rate increase. Manager Madsen and Director Cutler provided clarification, noting there are no additional capital needs through electric rates that are related to the move of City Light operations. Mr. Leonard urged the Council to be aware that fee and rate increases need to stop, especially because of those on fixed Incomes. There being no further public testimony, at 8:50 p.m., Mayor Rogers continued the public hearing to September 4,2007. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 40 minutes under the authority of RCW 42.30.110(1)(1), potential litigation, and RCW 42.30.110(1)( c), real estate, with no action to follow. The Executive Session convened at 8:55 p.m. and, at 9:35 p.m., the Executive Session was extended for an additional 25minutes by announcement of the Mayor. The Executive Session concluded at 9:58 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 9:58 p.m. e - 6-