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HomeMy WebLinkAboutMinutes 09/04/2001 4507 CITY COUNCIL MEETING Port Angeles, Washington September 4, 2001 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: ,Mayor Doyle, Councilmembers Campbell, Erickson, McKeown, Wiggins, and Williams. Members Absent: Councilman Hulett absent. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, T. Riepe, Y. Ziomkowski, K. Ridout, K. Dubuc, and T. Smith. Public Present: F. Cummings, L. Lee, T. Price, J. Schreiber, J. Jones, K. Rogers, J. Bohman, and T. Bihn. PLEDGE OF The Pledge of Allegiance to the Flag was led by the 16-U Babe Ruth girls. ALLEGIANCE: PUBLIC CEREMONIES, 1. Proclamation in Recognition of l 6-U Babe Ruth Girls: PRESENTATIONS AND PROCLAMATIONS: Mayor Doyle read a proclamation in honor of the 16-U Babe Ruth girls softball team for capturing fourth place at the World Series in Abbeville, Louisiana. The Mayor Proclamation in introduced the members and coaches of the team, after which Jim Cheney, Manager, Recognition of 16-U Babe accepted the proclamation. Ruth Girls Proclamation in 2. Proclamation in Recognition of United Way: Recognition of United Way Mayor Doyle read a proclamation recognizing the Clallam County United Way and proclaiming the months of September and October, 2001, to be United Way of Clallam County Recognition Months. The proclamation was accepted by Dee Christensen. WORK SESSION: None. LATE ITEMS TO BE Councilman Wiggins asked the Council to consider a date change for a future Council PLACED ON THIS OR meeting. [Clerk's Note: Later in the meeting, it was realized that a meeting date change FUTURE AGENDA: was not necessary.] Jeff Bohman, 3753 Canyon Circle, was present as a member of the Board of the Peninsula Trails Coalition, expressing appreciation to the Council and staff for the progress being made in pursuing the easement through the Rayonier property and in working with the Langley family on the property near Morse Creek. He indicated the Coalition is eager to help in any way possible to accelerate the process. Mr. Bohman advised the Council that the Coalition is looking at the possibility of moving westward and, to that end, a workshop has been scheduled on September 29~ at Hamilton School. -1- 4508 CITY COUNCIL MEETING September 4, 2001 LATE ITEMS TO BE Francis Cummings, 2574 E. Bay Street, expressed opposition of the Bay Loop PLACED ON THIS OR Neighborhood Association to the proposed annexation. He indicated many members FUTURE AGENDA: of the Association were present this evening, and he then introduced Ms. Jessica (Cont'd) Schreiber. Jessica Schreiber, Vice President of the Bay Loop Neighborhood Association, read into the record a letter to the Council expressing concern with the proposed annexation and expressing a strong conviction that a decision of this magnitude must be decided in an election of the registered voters. Ms. Schreiber cited reasons for opposing the petition method and put the Council on notice of the group's expectation that annexation will be put to a vote. Kathe Smith, 607 E. 4~h Street, asked when the citizens would be able to access the area between the Morse Creek trestle and the Strait of Juan de Fuca. She indicated the City had politely requested no access until further notice. Parks Director Connelly responded that staff is working with the Four Seasons Ranch for installation of the required fencing associated with the Langley property acquisition. This matter should be fmalized in the near future, after which the signs can be removed and access granted. FINANCE: Gravel Removal at Landfill - Contract with Bruch & Bruch Construction: Gravel Removal at Mayor Doyle reviewed the information provided by Public Works & Utilities, and Landfill Deputy Director Ridout indicated there are approximately five feet of overburden that can be stockpiled for landfill closure. The contractor will then be able to access the soil. After liinited discussion, Councilmember McKeown moved to approve a one (1) year contract with Bruch & Bruch Construction, Inc., to excavate soil in an amount not to exceed $34,440 and authorize the Mayor to sign the contract. The motion was seconded by Councilmember Erickson and carried unanimously. CONSENT AGENDA: Councilmember McKeown moved to accept the Consent Agenda, to include the City Council minutes of the August 21, 2001 meeting. The motion was seconded by Councilmember Erickson and carried unanimously. CITY COUNCIL Councilmembers Wiggins, Williams, Erickson, McKeown, and Campbell had no report. COMMITTEE REPORTS: Mayor Doyle welcomed the new school teachers of the Port Angeles School District. He also greeted the cruise ship, Oceanus, that amved in Port Angeles earlier today. The Mayor also attended a meeting on the proposed pool improvements. ORDINANCES NOT 1. Reconsideration of Street I,'acation - (8 - 10 Crossover) Compensation Related REQUIRING PUBLIC to Future Home Builders Project: HEARINGS: Mayor Doyle summarized the information in the packet, noting the proposed reduction Reconsideration of Street for the referenced street vacation is from $1.43 per square foot to $.93 per square foot, Vacation re. Future Home based on a recent appraisal of the property. Mayor Doyle and Councilmembers Builders Project Wiggins and Williams offered commentaries from the Real Estate Committee on the Ordinance No. 3095 matter, noting that the 50% compensation factor was still in effect at the time this particular street vacation was approved. For the benefit of the audience, Mayor Doyle related how previous street vacations resulted in 50% compensation to the City. More recently, a new State law enabled local governments to gain 100% of market value for the property vacated. After discussion on the comparables, Economic Development Director Smith informed the Council that the property was discounted by 10% at the .time of purchase, but there is no basis on the City's part to also honor that discount. Therefore, the full appraised value was used in calculating the new amount for compensation. Further discussion followed, after which -2- CITY COUNCIL MEETING 4 '~{}9° September 4, 2001 ORDINANCES NOT Mayor Doyle read the Ordinance by title, entitled REQUIRING PUBLIC HEARINGS: ORDINANCE NO. 3095 (Cont'd) AN ORDINANCE of the City of Port Angeles, Washington, revising the Reconsideration of Street amount of compensation required for the vacation of a portion of the Vacation re. Future Home 8th/10th Crossover Drive in Lots 13-20, Block 306 of the Townsite Builders Project of Port Angeles and amending Ordinance 3073. Ordinance No. 3095\ (Cont'd) Councilman Wiggins moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Williams and carried 5 - 1, with Mayor Doyle voting in opposition. Treatment of Sludge from 2. Treatment of Sludge from ,~bandoned Neah Bay Lagoon: Abandoned Neah Bay Lagoon Mayor Doyle reviewed the memorandum from Public Works & Utilities on the matter Ordinance No. 3096 of accepting sludge at the Wastewater Treatment Plant .from the abandoned Neah Bay lagoon. Deputy Director Ridout explained that the material to be accepted is no different than that of the City, and there would be minimal impact on the operations of the plant. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3096 AN ORDINANCE of the City of Port Angeles, Washington, providing for the discharging of waste from outside of the City limits into the City sewer system upon approval of the City Council and amending Ordinance 2394 as amended and Chapter 13.64 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell and carried unanimously. Councilmember MeKeown moved to approve the agreement with the Makah Tribe and Indian Health Services to receive up to 200,000 gallons of lagoon sludge at fifteen cents a gallon, and to authorize the Mayor to sign the agreement. The motion was seconded by Councilman Campbell and carried unanimously. RESOLUTIONS: Resolution setting public hearing for October 4, 2001, for Consideration of Street Vacation Petition - STV 01-04: Hopfner - Portion of Grace Street: Setting Public Hearing for Street Vacation Petition - Mayor Doyle summarized the information for setting a public hearing on the street Hopfner - Portion of Grace vacation petition. Planning Director Collins indicated the public hearing should be set Street for October 16, as opposed to the October 2 date as set forth in the Resolution. He Resolution No. 18-01 indicated the Resolution would be corrected. Mayor Doyle read the Resolution by title, entitled RESOLUTION NO. 18-01 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 Grace Street in H. Maguire's Addition. Councilman Wiggins moved to pass the Resolution as read by title. The motion was seconded by Councilman Campbell and carried unanimously. -3- 4510 CITY COUNCIL MEETING September 4, 2001 OTHER 1. Surplus Equipment: CONSIDERATIONS: Mayor Doyle provided a summary of the information submitted in the packet and, after Surplus Equipment brief discussion, Councilman Campbell moved to declare the vehicles and miscellaneous equipment surplus and authorize the Director of Public Works & Utilities to auction the items for sale by sealed or open bid. The motion was seconded by Councilman Wiggins and carried unanimously. Set Public Hearing re. 2. Set Public Hearing re. Electric Utility Rates: Electric Utility Rates The Mayor summarized the information provided by Public Works & Utilities, and Deputy Director Ridout advised the Council that the matter of the electric rate increase would be considered by the Utility Advisory Committee at its upcoming meeting. It is anticipated that the hearing of September 18 would be continued to October 2, 2001, and the rate increase would be implemented as of November 1. After limited discussion, Councilman Williams moved to set a public hearing for September 18, 2001, to accept public comment On proposed revisions of electric rates. The motion was seconded by Councilmember McKeown and carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL PUBLIC HEARINGS - Street Vacation Petition - STV 01-03: Peninsula Bottling, 3/4 Alley in Block 72, TPA: OTHER: Mayor Doyle reviewed the information provided in the packet, and Planning Director Street Vacation Petition - Collins directed attention to the conditions requiring the property owner to consolidate Peninsula Bottling the adjoining properties into one building site. In response to a question from the Ordinance No. 3097 Mayor, Attorney Knutson indicated that, in this instance, the conditions would be incorporated into the deed. Mayor Doyle opened the public hearing at 7:05 p.m. Jeff Bohman, 3753 Canyon Circle, was present as representative of a group of officials from the City, County, Port, Lower Elwha Tribe, Soroptimist Club, and Rotary Club, all of whom are presently discussing the restoration of Valley Creek for fish and recreational opportunities. The group is considering the possibility of a link between the Olympic Discovery Trail and the area to the south. Mr. Bohman indicated they are looking forward to working with Peninsula Bottling in the design of facilities as relates to the restoration of Valley Creek. In response to questions from the Council and with the use of an overhead projector, Mr. Bohman showed a map and further explained what the group envisions for the future of Valley Creek, speaking in support of the requested street vacation. There being no further public testimony, Mayor Doyle closed the public hearing at 7:14 p.m. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3097 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of the 3/4 alleY in Block 72 of the Townsite of Port Angeles. Councilman Williams moved to adopt the Ordinance as read by title, subject to Conditions 1 - 3 and citing Findings 1 - 14 and Conclusions A - E, as set forth in Exhibit UA" which is attached to and becomes a part of these minutes. The motion was seconded by Councilman Wiggins. Councilman Campbell reported that he and Councilman Williams attended the meeting on Valley Creek, and he felt the group's vision could be considered a first in salmon recovery and area enhancement. The group plans to work collaboratively with the businesses and landowners in the area, which is commendable. A vote was taken on the motion, which carried unanimously. -4- CITY COUNCIL MEETING 45t 1 September 4, 2001 INFORMATION: City Manager's Calendar / Council Goals /Project Status Report: Manager Quinn announced the September 11, 2001, recognition oi~ KONP's Scooter Chapman. Also, he reminded the Council of the September 14 meeting with the Victoria City Council. There is a September 20 forum on annexation at Roosevelt Middle School, the first of five to be conducted. The pro-annexation group has scheduled an informal meeting at the Public Utility District offices on September 17, 6:30 p.m. A question was raised on the status of the Ennis Creek slide repair, and Deputy Director Ridout indicated the project is currently on schedule and is out for bid at this time. ~ t Discussion was held concerning AFSCME 1619's request that the City take a position opposing the passage of Initiative 747. Attorney Knutson explained the process by which the Council could conduct a public meeting in order to receive input on both sides of the issue. Councilman Wiggins expressed interest in having a preliminary discussion at the next Council meeting, and Finance Director Ziomkowski was asked to provide further information as relates to impacts on the City should the Initiative be passed. On another matter, Councilman Williams informed the Council and staff that Clallam Transit Director Dan DiGuilio had expressed appreciation for the prompt placement of a marked crosswalk at the Senior Center. Break Mayor Doyle recessed the meeting for a break at 7:35 p.m. The meeting reconvened at 7:50 p.m. ADJOURN TO The meeting adjourned to Executive Session at 7:50 p.m. to discuss litigation for less EXECUTIVE SESSION: than 15 minutes. RETURN TO The meeting returned to Open Session at 8:01 p.m. OPEN SESSION: ADJOURNMENT: The meeting was adjourned at 8:01 p.m. Larry D~, Mayor //~ Becky ~. ~pf~n~-City~le~k F"-- -5- 4512 THIS PAGE INTENTIONALLY LEFT BLANK Exhibit "A" 4513 RECOMMENDED CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STV 01-03 - PENINSULA BOTTLING/FIDLER: Conditions: 1. A 10-foot easement over an existing 6" sanitary sewer line centered in the 3/4 alley right-of-way shall be retained for utility purposes. 2. The property owner(s) of the right-of-way shall be responsible for all costs incurred to convert the primary overhead utility line underground in the required 10-foot easement retained, and to provide 24-hour access to the utility line and related equipment. 3. A Zoning Lot Covenant shall be required to combine the 8 lots into one large building site. Findings: 1. A petition for vacation of a portion of the 3/4 alley right-of-way abutting Lots 7 - 14, Block 72, TPA, was submitted by abutting property owners Peninsula Bottling Company and Bonnie Fidler on July 3, 2001. 2. Properties to the west and north are designated as Industrial (I) on the City's Comprehensive Plan Land Use Map and are zoned Industrial Light (IL). Uses include the Port Angeles City Light Operations yard, a welding shop, a meat packaging plant, and the Port of Port Angeles operations warehouse. Properties located east of the site are designated as Open Space (OS) on the City's Comprehensive Plan Land Use Map, are developed as residential, and are zoned PBP, Public Buildings and Parks. Property south of the site is designated as Industrial (I) on the City's Comprehensive Plan Land Use Map and is zoned Industrial Light (IL). Land uses to the south are older nonconforming residential uses and a conforming warehouse use. 3. The subject alley only provides logical access to Lots 7 - 14, Block 72, TPA. 4. Owners of the Peninsula Bottling Company have entered into a purchase agreement with Mrs. Fidler to purchase the Fidler property (Lots 11 - 14, Block 72, TPA) in order to create a larger building site to improve the loading/unloading capability of the bottling plant. Access to the site would remain as previously established. 5. If combination of the lots by Zoning Lot Covenant is not intended, access to the rear of Lots 11 - 14, Block 72, TPA will be required for fire access. 6. A sewer utility service is located in the right-of-way. If vacation is approved, an easement for access to that service will need to be retained or the service relocated. Additionally, an overhead power service will need to be relocated at the applicant's expense in an easement. 4514 Findings and Conclusions- STVOI-03 Page 2 7. The City's Fire and Police Departments had no comment or concerns regarding the proposed street vacation. 8. Valley Street is classified as a local streets on the City's Circulation Plan Map. 9. The vacating of a street is categorically exempt from a SEPA threshold determination per Section 197-11-800 (2) (h) of the Washington Administrative Code. 10. The proposed street vacation was reviewed for consistency with the Port Angeles Comprehensive Plan. The following goals and policies were found to be the most relevant: Land use Map Goal, Policies, and Objective Goal A, and Policies 1 and 2; Industrial Goal H, Transportation Goal H, and Policy 14; Utilities and Public Services Goal B, and Policy 4. 11. The City Council adopted Resolution No. 14-01 on August 7, 2001, which was legally advertised in the Peninsula Daily News on August 12, 2001. The site was posted on August 10, 2001. No comments have been received. 12. The subject site (Lots 7 - 14, Block 72, TPA) is accessed from Valley Street. The remainder of properties in Block 72 (Lots 1 - 6 and 15 - 18) are accessed from Cherry Street at the top of the Valley Creek Ravine. Those properties have no logical access from Valley Street due to the sharp rise in topography directly east of the subject site as can be seen by the attached topography map. 13. The Port Angeles Planning Commission conducted a public hearing on the petition on August 22, 2001, which was duly advertised on August 10, 2001. The Planning Commission's action constitutes a recommendation to the City Council. 14. The City Council has scheduled a public hearing for consideration of the petition at its September 4, 2001, regular meeting. Conclusions: A. Current traffic circulation in the area will not be affected by this vacation as the Valley Creek ravine wall prevents logical use of the subject alley by other than those activities occurring on Lots 7 - 14, Block 72, TPA. Future development in the area will continue to use Valley Street as access. B. Vacation of the subject right-of-way will not interfere with the public's health, safety, or welfare. C. Development patterns in the area will not change as a result of the proposed street vacation. D. The proposed street vacation is consistent with the Port Angeles Comprehensive Plan. 4515 Findings and Conclusions - STV 01-03 Page 3 E. Because the alley is not needed for use as a public right-of-way, vacation of the property is in the public's interest and will allow logical development of the subject property. Adopted by the Port Angeles City Council at its meeting of September 4, 2001. £a~-y D~, 1Vl~y~r /'~ - B~Cky-J: ~J~n, ~ty ~le-rk 1 ....