Loading...
HomeMy WebLinkAboutMinutes 09/06/19942834 CITY COUNCIL MEETING Port Angeles, Washington September 6, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:04 p.m. ROLL CALL: Members Present: Mayor Sargent, C. ouncilmembers Braun, Doyle, Hulett, McK~own, Ostrowski, and Schueler. Members Absent: None. Staff Present: Manager Pomeranz, Assistant Attorney Dickson, Clerk Upton, S. Brodhun, B. Collins,. L. Glenn, K. Godbey, S. Ilk, J. Pittis, B. Titus, N. Wu, B. Jones, B. Becket, and K. Ridout. Public Present: W. Quast, C. Whidden, E. Tuttle, P. Lamoureux, J. Ralston, A. Westmark, R. Westmark, B. Philpott, C. Alexander, and D. Nelson. Capital Facilities Capital Facilities Plan: Mayor Sargent stated that the purpose of this special Plan meeting was to consider the 1995 - 2000 Capital Facilities Plan. There have been some changes and additions to the Plan since it was last considered, and the Mayor asked Light Director Titus, Chairman of the CFP Committee, to review the document. Director Titus reviewed the structure of the CFP as presented to the Council this evening, and he noted the addition of eight projects to the Plan as a result of the last discussion. Those projects added, primarily for 1995, were: Cronauer property acquisition, Washington Street reconstruction, warning sirens, City Light Operations Center, Civic Field enhancement, Waterfront Trail Part IV, Waterfront Trail lighting, and the new sidewalk program. The approximate total of the additions was $2 Million. Mayor Sargent requested that staff prepare a graph or listing of the City's current indebtedness and when it will be paid off. She indicated members Of the public are interested in receiving this information, and Manager Pomeranz suggested the possibility of distributing this information via the City newsletter. In reviewing the General Purpose element of the Capital Facilities Plan, Director Titus noted he had added a notation, where applicable, as to the impact on property taxes. A question was raised concerning the addition of warning sirens, and Manager Pomeranz explained that the ultimate decision is most certainly that of the Council. However, items such as this were added to the CFp due to the potential availability of grant funding. Discussion also centered around the Sidewalk Program and the availability of additional funds through street vacation payments. Discussion was held concerning the possibility of a commitment being made on certain projects in anticipation of the introduction of two new utilities, street and stormwater. Manager Pomeranz expressed concern that commitments may be made and then a decision subsequently made to not implement those taxes. The City may still be forced to proceed with the projects without the benefit of the additional tax revenue. Director Titus then explained the Enterprise element and the Appendix of the CFP, which was inclusive of a master project list and funding sources. He advised the Council that the Capital Facilities Plan is an element of the Comprehensive Plan and, therefore, it can only be adjusted once per year. However, the fmancing component of the CFP can be changed at any time. If, for example, a project is inadvertently not included in the list, it cannot be added until the time of the annual update. Attorney Knutson will be preparing a resolution whereby the Council can make revisions to the Comprehensive Plan on a calendar year basis. This is important in terms of timing specifically pertinent to the Capital Facilities Plan, as well as the transportation element of the Comprehensive Plan. -1- 2835 September 6, 1994 Capital Facilities Director Titus explained the Council's future involvement in these projects as relates Plan (Cont'd) to the decision to proceed or not to proceed, to solicit bids, award bids, and the like. Manager Pomeranz indicated it is relatively easy to address these projects in terms of a future tax increase; however, as the time draws closer, the climate for such an increase may have changed significantly but the City may have already committed to the project. Many of the projects listed cannot be accomplished in the absence of a tax increase. This issue deserves serious consideration before any final decisions are made. Public Works Director Pittis indicated that, during the Committee's deliberations on this matter, it was agreed that no development or project decisions should move forward until the time a decision has been made as to the means of funding, particularly as it may relate to the new taxes/utilities. Director Titus distributed for the Council's review a listing of projects for the 1995 Capital Budget. Lengthy discussion followed on the projects included. Director Pittis directed the Council's attention to Page 42 of the CFP, Ediz Hook Phase II. · He requested that this project be moved to the 1995 list, as the Coast Guard is moving forward much sooner on this project than was originally anticipated. The City will be providing the engineering for the project, the cost of which will be reimbursed by the Coast Guard. The Council agreed by consensus to make this requested change. Wemer Quast, 3800 Park Knoll, complimented Director Titus and the committee for an excellent job. Dr. Quast referenced the upcoming Library bond election and, during the ensuing discussion concerning the dollar amount of the bond issue, Mayor Sargent offered clarification in that the Library Board has committed $600,000 of its reserve toward the project, thus decreasing the amount needed via the bond issue. Dr. Quast inquired as to whether the City would generate any revenue from the lease agreement written in conjunction with this project. Mayor Sargent indicated the amount would be nominal. Dr. Quast urged the Council to use the funds remaining from the Senior Services Community Center toward the renovation of the Library Carnegie Building. Mayor Sargent indicated a survey will be distributed in the City newsletter posing the question as to how the public wishes to have the excess funds used. Councilmember McKeown felt the Library would not be getting a "free ride". Councilman Schueler indicated that the library will be providing all of the materials, and he expressed hope that Dr. Quast would like to see the community get a new library. Dr. Quast expressed his support for the new facility. Chuck Whidden urged the Council to make available to the public a list of the City's current outstanding debt. Mayor Sargent reiterated her previous request that this information be distributed. ADJOURN SPECIAL Mayor Sargent adjourned the special meeting at 7:04 p.m. MEETING: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:07 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Scout Troop 1458. Participating ALLEGIANCE: were: Travis Wilson, Jeff Cmff, and Jimmy Cates. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: August 16, 1994. Councilmember McKeown seconded the motion, which carried by a majority vote, with Councilman Hulett abstaining due to his absence from that meeting. CEREMONIAL 1. Proclamation recognizing Disabled American Veterans Forget-Me-Not Week, MATTERS/ August 29 through September 9, 1994 PROCLAMATIONS: Mayor Sargent read a proclamation declaring August 29 - September 9, 1994, as Disabled American Disabled American Veterans Forget-Me-Not Week. Members of Chapter gO of the Veterans Forget-Me- DAV were present to accept the proclamation. Not Week Yard of the Month 1. Yard of the Month Award for September, 1994 The individual Yard of the Month Awards were presented to: Karlene & Robert Shinn, 136 East Park; Holly Helpenstell & Ed Manzo, 904 East 7th; Miki Raymond & Clarence Walz, 1021 Grant; Dick & Carla Dowd, 732 Christman; and Jim & Julie Haguewood, 705 Christman. The Neighborhood of the Month Award was presented to the residents of the 1800 Block of East Lauridsen, including: Ryan Rogstad, 2836 CITY COUNCIL MEETING September 6, 1994 Yard of the Month Donald & Becky Dundon, Russel Westmark, Robert & Carol Philpott, Steven & (Cont'd) Mary Hauff, Spencer & Barbara Thompson, Robert & Evelyn Carlson, and Chuck & Mary Lou Panlson. CITY COUNCIL Councilman Doyle had no report. COMMITTEE REPORTS: Councilman Schueler referenced the matter of Human Services funding, particularly in relation to Healthy Families. He asked that this matter be added to the agenda for the next meeting for Council's consideration. In addition, concerning the Youth Violence Network, Councilman Schueler reported that the Cities of Forks and Sequim agreed to review a list of applicants in order to select one representative to serve on the Network. Further, both cities agreed to have Councilman Schueler serve as the representative of the three cities for the first year. Councilman Braun had no report. Councilman Hulett attended a meeting of the Chamber of Commerce Board; the Chamber's annual auction is set for October 1. Councilman Ostrowski had no report. Councilmember McKeown met with Planning Director Collins to prepare for the first meeting of the School Concurrency Task Force. Mayor Sargent attended the Economic Development Council Board meeting. In addition, she participated in the dedication of a Habitat for Humanity house. A meeting was held with hotel/motel managers for the purpose of discussing an increase in the hotel/motel taxes. Also, Mayor Sargent will be attending an AWC legislative meeting this Thursday. FINANCE: 1. Consideration of bids for new Sidewalk Program Bids for New Mayor Sargent reviewed the information provided by the Public Works Department. Sidewalk Program Director Pittis expanded on the information by explaining how the property owners will be participating in the Sidewalk Program. Councilman Braun commended the work completed thus far on the sidewalks in the City. Councilman Ostrowski moved to accept the bid from Primo Construction, Inc., for construction of the new Sidewalk Program for the base bid of $81,652.86 and additive bid//2 (priority #1) of $15,655.64 and authorize the Mayor to execute the construction contract. Councilman Braun seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: (1) Consideration of advertisement for RFP on curbside recycling; (2) Travel request from Finance Deparhnent for Charles Kasicki to attend Novell for certification as netware engineer - $1,970; (3) Voucher list - September 2, 1994 - $2,256,687.32; and (4) Payroll - August 14, 1994 - $365,406.45 and August 28, 1994 - $349,815.97. Councilman Doyle seconded the motion. Limited discussion followed concerning the curbside recycling RFP, as well as the Voucher List. In addition, Councilmember McKeown supported the effort to maintain certification of the netware engineer. A vote was taken on the motion, which carried unanimously. ITEMS FROM THE Paul Lamoureux, 602 Whidbey Street, referenced a letter he recently sent to the City AUDIENCE/COUNCIL Council and directed comments to the matter of the water/wastewater rates. He STAFF TO BE asked if there was a valid reason why the citizens could not receive a higher CONSIDERED OR minimum utilization for water without jeopardizing the financing of the wastewater PLACED ON A treatment plant. Mr. Lamoureux expressed the need for the higher utilization level, FUTURE AGENDA: particularly during summer months, in order to create an incentive and thereby help beautify the City by residents taking care of their yards. Mr. Lamoureux also directed comments to the issue of curbside recycling and inquired if, in the near future, there will be an increase for curbside recycling. Further, he queried as to whether there would be a public hearing on this issue at that time. Mayor Sargent explained that this evening's consent agenda contained a request for proposals on the curbside recycling. The City has been negotiating with Environmental Waste Systems, and in order to secure full financial documentation as to profits made from recycling, the City is seeking proposals as a means of '3 ' 2837 September 6, 1994 ITEMS FROM THE conducting a comparison. Manager Pomeranz emphasized that it is the City's goal AUDIENCE/COUNCIL to not have any increase in these particular fees. STAFF TO BE CONSIDERED OR On the matter of water/wastewater rates, Councilman Doyle recalled that the PLACED ON A wastewater fee was setat $24~00 per month due, in a large part, to Mr. Lamoureux's FUTURE AGENDA: previous request. A certain dollar figure was needed to meet debt obligations, and (Cont'd) in order to give residents with low utilization and fixed incomes a break, the rate was set at $23.00 for 430 cubic feet. Utilization in excess of that amount was set at $26.00. This generated the needed revenue, but at the same time, gave some residents a financial break. Mayor Sargent suggested that this matter be reviewed for next year, as it may be possible for the minimum use figures to be changed without jeopardizing debt payment funds. Councilman Braun suggested this could be discussed during the budget process this year, as many citizens have expressed concerned with this issue. Mr. Lamoureux felt the citizens would appreciate consideration of this issue. He stated that he did not understand why the wastewater bill was tied to the water usage. He expressed the opinion .that if enough revenue is generated to repay the treatment plant debt, then it should not make any difference how much water is used. He again asked Council to look into the possibility of creating an incentive for the citizens of Port Angeles to keep Port Angeles green during the summer months. Mayor Sargent reminded Mr. Lamoureux that the Council did try to address his concerns in July by tiering the rate. She then asked that Public Works Director Pittis answer the question as to why water/wastewater rates are tied together. Director Pittis stated that originally there was a fixed rate for everyone, because the plant is there and costs the same whether one drop of water or 13 million gallons flows through it. In attempting to respond to low income/low usage citizens, water was used as a mechanism to give these people a lower rate. The City can revisit the issue. Mr. Lamoureux felt that 430 cubic feet was a ridiculously low number, and this is why he has returned and asked the Council to look at this number again. He then suggested to the Council that when the RFPs for the recycling contract have come in, and if it is probable that recycling rates will have to be increased, that the citizens be given a chance to address this issue. Director Pittis stated that it is customary to hold a public hearing before setting any new rates. Planning Director Collins reminded the Council that a public hearing was scheduled for the September 20 meeting on the Shoreline Master Program. John Ralston, P. O. Box 1405, expressed his support for the building of a new library and passage of the bond issue. However, he noted the need for establishing policy regarding the disposition of excess funds which may accrue from projects such as this when they come in under budget. Mr. Ralston recently learned that the Senior Center is between $300,000 and $400,000 under budget, and the excess funds may not be directed to the retirement of the debt but may be spent on another project. Mayor Sargent explained that it is extremely unusual to have surplus funds from a project, and that indeed, the Senior Services Center will have a surplus. This is due to the bond issue being passed in 1991 and interest generated for two years before the project could begin. In addition, bids came in below the estimated costs. Manager Pomeranz further explained that public projects often involve numerous change orders. The record will reflect that this Council was extremely diligent in monitoring such change orders, thereby not expending the dollars from the change order budget that was originally anticipated. Mayor Sargent felt the Council should decide what to do in the event there are excess funds from future projects. It has been suggested that a survey go out in the next newsletter to seek public opinion on this issue. Mr. Ralston felt that if a bond issue is promoted it should be plainly stated where excess funds will be spent should the project come in under budget. He reiterated his preference that excess funds go strictly to the bonded project and retire debt. Councilman Ostrowski moved to refer this matter to the City Manager and place it on the agenda for discussion at the next meeting. Manager Pomeranz pointed out that the next meeting will be held after the vote on the library bond issue. The motion died for lack of a second. Councilman Doyle requested that this item be placed on this evening's agenda so the Council can discuss the possibility of excess library bond funds and how they might be spent. The item was, therefore, added to the agenda as Item E.9. -4- 2838 CITY COUNCIL MEETING September 6, 1994 Capital Facilities Plan - Resolution Approving the 1995-2000 Capital Facilities Plan Resolution No. 11-94 Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 11-94 A RESOLUTION of the City Council of the City of Port Angeles, Washington, approving the 1995- 2000 Capital Facilities Plan. Councilman Doyle moved to pass the Resolution as read by title. Councilman Schueler seconded the motion, which carried unanimously. LEGISLATION: A. Public Hearings · Public Hearings 1. Zoning Code Amendment - ZCA 94(07)04 - City of Port Angeles, Various Zoning Code Amendments: Proposal to amend the City °s zoning regulations Zoning Code Amendment to allow microbreweries as a conditional use in the CBD and ACD Districts City of Port Angeles and as a permitted use in the LI zone; to create a minimum lot area for the M-2 Zone; and to specify the use of zoning lot covenants. Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 8:05 p..m. Larry Leonard, 1030 Olympus, asked for an explanation of the zoning lot covenants. Director Collins explained that the recommended change would allow zoning lot covenants in specific instances. The previous zoning code was moot on the issue, and this was an administrative procedure. Discussion followed as to what would be covered by the covenants such as lot size, etc. Mr. Leonard stressed that this control was unnecessary. He could not understand why there should be a regulation against making lots bigger than necessary for residential uses. There is no need for City control if someone wishes to have a larger building site than is needed for the project. Director Collins explained that the law does not allow one to build across a lot line, but rather the lot line must be removed. This is what the zoning lot covenant has the affect of doing. Otherwise the building would have to set back from the lot line running down the middle. John Ralston, P. O. Box 1405, spoke against the zoning lot covenant changes. He cited three instances in the City where there are side-by-side substandard lots of 25' x 130' in an RS-9 area with 50' of frontage on the road. If this zoning lot covenant is adopted, these lots would have to be replatted but they would not be able to be replatted into something that equals 9000 sq. ft. Director Collins responded that in the situation described by Mr. Ralston, it might be possible to seek a variance. However, most of the cases being dealt with are not situations as described by Mr. Ralston. They are lots where there is a series of undeveloped properties which were platted many years ago. Instead of combining several small lots into a larger lot, which would be allowed in the RS-9 zone, the property owner combines two lots into a 50' lot that is now substandard to that zone. This is what most often occurs. The intent of the ordinance is not to prevent the combining of two small lots. Mr. Ralston encouraged the Council to not pass this zoning lot covenant as it could possibly lead to future litigation. Larry Leonard returned to the podium. He stated that if a person is going to use two lots, and one lot is going to be used as a setback, there should be a way t° mark it on the map and claim the lot is used and cannot be built on in the future. He asked Director Collins about building permit applications, and Director Collins explained that if there are two separate lots, and one is being used as a setback, it can still be sold later on under State of Washington laws, as whatever problems exist on one lot do not affect the second lot. Mr. Leonard felt that there had to be a way around this. The variance process is a very strict system, and someone may have purchased two 25' wide side-by-side lots in good faith, and cannot now build on them which is unfair. Director Collins explained to the Council that it was his belief that the zoning lot covenant was intended to deal with development that had occurred in the City, where in the past buildings were built on two or three lots, which was fairly frequent in the old townsite in particular. It was feared that when someone went to sell their home, it would be discovered that the building went over the lot line, and it would cause -5 - 2839 ' September 6, 1994 LEGISLATION: problems with the title and with the sale of the property. As a result, the Zoning (Cont'd) Code had this zoning lot process and this zoning lot covenant administrative procedure was developed to attempt to help people who found themselves in this Zoning Code Amendment situation through no fault of their own. This zoning lot covenant was done as part City of Port Angeles of a housek~ing measure to attempt to address several problems related to the (Cont'd) original language of the Zoning Code. It addresses those problems dealing with existing houses and pre-existing plats that were substandard. It doesn't solve all the problems dealing with substandard lots within the City of Port Angeles. Taking this out of the ordinance will place the City back to whether or not a zoning lot covenant is possible. The variance process may not work for the other problems of trying to ~ merge ~4~,infill lots that are substandard. The Planning Department will have to try to resolve that problem next year. Discussion followed. John Ralston returned to the podium and stated that he has owned several properties in the City where the homes have been built in the middle of two property lines. He has gone through refinances and title insurance and has never run into a problem with the bank or title company. There being no further testimony, Mayor Sargent closed the public hearing at 8:28 p.m. ~ Councilman Doyle felt there were t~ many items covered in one ordinance. All annexations require RS-9 zoning. Several properties annexed are probably considered substandard lots. Therefore, they could only accommodate two 9' wide houses, as opposed to one 30' wide house if this zoning change is approved. He was certain this was not the City's intent. There could be many problems in the future with annexations if this ordinance is approved. Councilman Braun agreed with Councilman Doyle and felt the Council should proceed with allowing the microbreweries as a conditional use and omit the zoning lot covenant. Perhaps staff could return at a later date with zoning lot covenants that addressed the issues brought up this evening. Councilman Schueler noted that Planning Commissioner German voted against this issue, and he is in the construction business. He felt that there were many unanswered questions on this. Mayor Sargent echoed the concerns expressed by other Council members and felt more information was needed regarding the zoning lot covenants. Director Collins stated that he did not believe it would be a problem if the Council wished to approve portions of the ordinance and not approve items dealing with the zoning lot covenants. In the absence of the City Attorney's opinion, this item could be continued to the September 20, 1994, Council meeting. Councilman Doyle moved to continue the public hearing and defer a decision on the Zoning Code amendment to a later date and to instruct staff to draft an ordinance which would include everything but the portion pertaining to zoning lot covenants. Councilman Braun seconded the motion. Director Collins pointed out that the public hearing had been closed, and therefore, a motion would be appropriate to reopen the public hearing and then continue it. Attorney Dickson agreed this should be done by a separate motion. A vote was taken on the motion, which carried unanimously. Councilman Doyle moved to reopen the public hearing and continue it to the Septonber 20, 1994 meeting. Councilman Braun seconded the motion. Discussion followed, and staff was directed to address the concerns expressed this evening, and prepare a report for the Council. Councilman Schueler felt this was outside the expertise of the Council and the issue should be resolved by the Planning Commission. Planning Director Collins agreed, and quoted from the Zoning Ordinance, Chapter 17.96.100, wherein an ordinance can be modified from the advertised form; however, it should be reviewed and reported on by the Planning Commission if the modification made changes what the Planning Commission originally recommended. A vote was taken on the motion, which carried unanimously. Zoning Code Amendment 2. Zoning Code Amendment - ZCA 94(08)05 - First Presbyterian Church, First Presbyterian Church Commercial Residential (CR) Districts, City-wide: Amendment to the zoning regulations which would permit occasional use of church facilities for transitional and temporary housing for homeless and/or displaced persons Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 8:55 p.m. Larry Leonard, 1030 Olympus, spoke in favor of the Planning Commission's -6- 2840 CITY COUNCIL MEETING September 6, 1994 LEGISLATION: recommendation. Filing for a conditional use permit would be a financial burden on (Cont'd) the Church, as it costs approximately $300 and is money which could pay for a lot of food, beds and sheets. He further stated that this is a traditional use within the Zoning Code Amendment Church. First Presbyterian Church (Cont'd) Rosalie Doty, 103 S. Ridgeview Drive, a representative of the Presbyterian Church, stated that the Church appreciated the recommendation of the Planning Commission. There being no further testimony, Mayor Sargent closed the public hearing at 9:02 p.m. · Councilmember McKeown moved to concur with the recommendation of the Planning Commission for denial of the zoning code amendment, citing Findings 1 - 6 and Conclusions A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Schueler seconded the motion. Mayor Sargent stated that the decision made by the Planning Commission was a very good one. Chief Glenn stated that there are some churches in the City where the CUP is necessary in order to determine if the churches are equipped to handle transitional housing. The Presbyterian Church has all the safety features necessary for transitional housing, but some of the smaller churches may not. Public Works Director Pittis stated that there are also building codes to be considered. After further discussion, staffwas directed to return with recommendations regarding safe transitional/transient housing in churches. A vote was taken on the motion, which carried unanimously. Larry Leonard returned to the podium to encourage the submission of staff reports prior to the public hearings so that the public has a chance to comment. Break Mayor Sargent recessed the meeting for a break at 9:25 p.m. The meeting reconvened at 9:40 p;m. Street Vacation - Hall 3. Petition for Vacation of City Right-of-Way - STV 94(08)04 Hall, Portion of Columbia/Water Street alley abutting Lots 8, 9, 10 and 11, Block 2, Puget Sound Cooperative Colony's Addition to the Townsite of Port Angeles Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 9:40 p.m. There being no one present who wished to address the issue, the public heating was dosed at 9:40 p.m. Councilman Braun asked what rights a petitioner would have under the Right-of-Way Use Permit that he would not have under a vacation. Director Collins explained that the petitioner is primarily concerned with trespassers, as he owns property on both sides of the alley and is concerned that he would not be allowed to put up a fence if the street were not vacated. The Planning Department has informed Mr. Hall that it would be happy to work with him in obtaining a Right-of-Way Use Permit to allow a fence across the City's property as well as his own. It was felt this would be a better solution than vacation of public right-of-way within an environmentally sensitive area. Councilman Ostrowski moved to concur with the recommendation of the Planning Commission and deny the petition to vacate, citing Findings 1 - 8 and Conclusions A - B, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Doyle seconded the motion, which carried unanimously. Referring back to the second public hearing on transitional housing, Councilman Doyle moved to direct staff to examine the issue of safe tramitional/transient honsing in churches, considering the concerns expressed by Chief Glenn, and to bring recommendations or a specific ordinance back to the Council for review. Councilmember McKeown seconded the motion. Councilman Braun asked that this be brought back for the next meeting, as he felt this to be a matter of some urgency. Chief Glenn stated he felt there was sufficient time to do a draft report. Councilman Doyle amended his motion such that the report is to be brought back to the Council at its next meeting. Conncilmember McKeown agreed as seconder, and after further brief discussion, a vote was taken on the motion, which carried unanimously. -7- 2841 September 6, 1994 LEGISLATION: B. Ordinances Not Requiring a Public Hearing (Cont'd) 1. Amendment to the Civil Service Ordinance to Remove the Fire Chief from Amendment to the Civil the Civil Service System and Change Rules to Modify Composition of the Service Ordinance - Interview Board for~Fire Department Promotional Exams Ordinance No. 2833 Resolution 12-94 Mayor Sargent reviewed the information provided by the Human Resources Manager and read the Ordinance by title, entitled ORDINANCE NO. 2833 AN ORDINANCE of the City of Port Angeles, Washington, removing the position of Fire Chief from the classified civil service, revising the composition of the interview board for certain civil service promotional examinations, · and amending Ordinance 2410 and Chapter 2.22 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Hulett seconded the morion. Councilmember McKeown requested clarification of the composition interview board, which was provided by Human Resources Manager Coons. Manager Pomeranz, at Mayor Sargent's request, explained why the Police Chief was not removed from classified civil service. After further brief discussion, a vote was taken on the morion, which carried unanimously. Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 12-94 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the rules of the Civil Service Commission. Councilman Hulett moved to pass the Resolution as read by rifle. Councilman Schueler seconded the morion, which carried unanimously. Junk Vehicle Abatement - 2. Amendment of Junk Vehicle Abatement Ordinance. Ordinance No. 2834 Mayor Sargent reviewed the information provided by the City Attorney's office and read the Ordinance by title, entitled ORDINANCE NO. 2834 AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 2698 and PAMC 8.05.020 by revising the definition of ~junk vehicle*. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion. After a discussion regarding what constitutes a junk vehicle, a vote was taken on the motion, which carried unanimously. Meeting Extended Councilman Doyle moved to extend the meeting past 10:00 p.m. Councilman Past 10:00 p.m. Braun seconded the morion, which carried unanimously. -.. Business License 3. Amendment of Business Licensing Ordinance Ordinance Amendment- Ordinance No. 2835 Mayor Sargent reviewed the information provided by the City Attorney's Office and read the 'Ordinance by title, entitled ORDINANCE NO. 2835 AN ORDINANCE of the City of Port Angeles, Washington, related to business licenses and regulations and amending Chapter I of Ordinance 2050, as amended, and Chapter 5.04 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. Councilman Ostrowski seconded the morion. Councilman Schueler asked why the amendment was necessary, and Sr. Assistant Attorney Dickson explained that the current ordinance does not clearly state what constitutes sufficient grounds for denial of a license. A vote was taken on the motion, which carried unanimously. -8- 2842 CITY COUNCIL MEETING September 6, 1994 LEGISLATION: 4. Restricting Use of Fireworks in Hollywood Beach Area (Cont'd) Mayor Sargent reviewed the information provided by the Fire Department. Fireworks in Hollywood Beach Area - ORDINANCE NO. 2836 Ordinance No. 2836 AN ORDINANCE of the City of Port Angeles, Washington, restricting the use of fireworks in the Hollywood Beach area and amending Chapter 8 of Ordinance 2050, as amended, and Chapter 5.32 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. Street Vacation - C. Resolutions Not Requiring Public Hearings Shillington - Resolution No. 13-94 1. Street Vacation Petition - STV 94(10)06 - SHILLINGTON, Petition requesting vacation of a portion of "A " Street north of Fourth Street. (Set public hearing for October 4, 1994) Mayor Sargent reviewed the information provided by the Planning Department, and read the Resolution by title, entitled RESOLUTION NO. 13-94 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate the east one-half of "A" Street, north of Fourth Street, Port Angeles, Washington. Councilman Braun moved to pass the Resolution as read by title. Councilman Doyle seconded the motion, which carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1. Review of Interim Parking Business Improvement Area (PBLA) Regulations: Review of Interim PBIA One year scheduled review of the downtown parking regulations. Regulations Mayor Sargent reviewed the information provided by the Planning Department. Councilman Hulett moved to concur with the recommendation of the Planning Commission and allow a one-year extension for this issue to be reviewed in June, 1995. Councilmember McKeown seconded the motion. A vote was taken on the motion, which carried unanimously. 2. Planning Commission Minutes of August 10, 1994 Councilman Braun moved to accept the minutes of August 10, 1994. Councilman Doyle seconded the motion, which carried unanimously. 3. Planning Commission Minutes of August 24, 1994 Councilmember McKeown moved to accept the minutes of August 24, 1994. Councilman Ostrowski seconded the motion, which carried unanimously. Shoreline Substantial 4. Shoreline Substantial Development Permit - SMA 94(08) 144 -Daishowa Development Permit- America Co., Ltd., Marine Drive: Proposal to improve the Mill's Daishowa America Co., stormwater runoff collection system. Ltd. Mayor Sargent reviewed the information provided by the Planning Department. Councilman Doyle moved to approve the Shoreline Substantial Development Permit, subject to Conditions A - B and citing Findings 1 - 5 and Conclusions A - C, as set forth in Exhibit "C", which is attached to and becomes a part of these minutes. Councilman Schueler seconded the motion, which carried unanimously. -9- 2843 September 6, 1994 LEGISLATION: 5. Planning Commission Minutes of August 31, 1994 (Cont'd) Councilman Schueler moved to accept the minutes of August 31, 1994. Councilmember McKeown seconded the motion, which carried unanimously. ? E. Other ConSiderations Impact of Mandates on 1. Discuss Impact of Mandates on Port Angeles (Requested by Ed Tuttle) Port Angeles Ed Tuttle, 22 Ahlvers Road, read aloud and gave his interpretation of the law regarding unfunded mandates. Mr. Tuttle stated that the State has ignored this law, knowing it is cost prohibitive for local government to challenge the judicial system. Mr. Tuttle's group has been working with Linda Smith's staff of Olympia, and his group has been supplied with 82 pages of back-up data. Local governments around the country have said enough is enough. Washington is unique, as it has a law that states "unfunded mandates are against the law'. The unfunded mandates passed on to the City of Port Angeles are estimated at $70 million. Mr. Tuttle requested that a meeting be organized with one governing representative and one legal representative from each concerned entity to consider the possibility of litigation. The results and recommendations should then be brought to the City Council for action or non-action. To date, there has been no lawsuit of any substance against the State of Washington. Mr. Tuttle's group would like someone to study the matter thoroughly. Councilman Braun indicated that he had read some of the information Mr. Tuttle had received from the State, and he urged the rest of the Council to review it, as it is interesting reading. Mr. Tuttle explained that the information is available in the City Manager's office. Discussion followed. Councilman Braun moved to have the City take part in a meeting regarding a possible lawsuit against the State for unfunded mandates. Councilmember McKeown seconded the motion. Discussion followed, and Councilman Braun restated the motion to have the City convene a meeting with the County and other municipalities regarding a possible lawsuit against the State for unfunded mandates. In the ensuing discussion, the question was raised as to whether it would be more appropriate for the County to serve as the lead agency in such an effort. In addition, Mayor Sargent reminded the Council members that she would be attending an AWC legislative meeting this coming Thursday. It may be advantageous to seek input from the AWC, as a larger effort representative of more agencies may prove to be more successful. By consensus, the Council agrecxl to have the Mayor seek input from the AWC before moving forward on the issue. Councilman Braun, therefore, offered to withdraw his motion, to which Councilmember McKeown, as seconder, agreed. Fire Inspection of 2. Contracting Fire Inspection of Boarding Homes Boarding Houses Mayor Sargent reviewed the information provided by the Fire Department. Councilman Doyle moved to enter into a contract, acceptable to the City Attorney, with the State Fire Marshal's office for fire inspection services rendered and authorize the Mayor to sign the contract. Councilmember McKeown seconded the motion A brief discussion followed, after which a vote was taken on the motion, which carried unanimously. PENCOM Remodeling 3. Recommendation of Architectural Firm for PenCom Remodelling Project. Project Mayor Sargent reviewed the information provided by the Police Department. Councilman Doyle moved to authorize the Police Department to negotiate an agreement with the firms of Robert Nixon Associates, Inc., and Lindberg Architects for services necessary for the remodel of Peninsula Communications Center, the agreement to be signed by the Mayor. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Adoption of 1995 4. Adoption of 1995 City Budget Calendar Budget Calendar Mayor Sargent reviewed the information provided by the Finance Department, and by consensus, the budget calendar was adopted. - 10- 2844 CITY COUNCIL MEETING September 6, 1994 LEGISLATION: 5. Consideration of Agreement with Clallam County Household Hazardous (Cont'd) Waste Day Household Hazardous Mayor Sargent reviewed the information provided by the Solid Waste Superintendent. Waste Day Councilman Braun moved to authorize the Mayor to sign the agreement with Clallam County and contribute up to $5,000 for Household Hazardous Waste Amnesty Day. Councilmember McKeown seconded the motion, which carried unanimously. Forest Service Grant 6. Consideration of Agreement with Clallam County for Forest Service Grant for Downtown Planning Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowski moved to authorize the Mayor to execute the agreement with Clallam County regarding USDA Forest Service grant support for the Port Angeles Transportation Center and Downtown Revitalization Plan. Councilmember McKeown seconded the motion. Manager Pomeranz explained that these funds were part of the Timber Disaster Fund, to be placed in already existing programs. After further discussion, a vote was taken on the motion, which carried unanimously. Downtown Watermain/ 7. Consideration of Contract with Public Work~ Trust Fund for Loan on Sidewalk Project Downtown Watermain/Sidewalk Project. Mayor Sargent reviewed the information provided by the Public Works Department. Councilmember McKeown moved to authorize the Mayor to execute the contract with the Department of Community Development accepting a Public Works Trust Fund loan for the Port Angeles Downtown Sidewalk and Watermain Reconstruction Project. Councilman Braun seconded the motion. Limited discussion followed, and a vote was taken on the motion, which carried unanimously. Real Estate Committee 8. Set Date for Real Estate Committee Meeting. Meeting Set A Real Estate Committee meeting was set for Wednesday, September 21, 1994, at 4:00 p.m. Library Bond Funds 9. Library Bond Funds Councilman Doyle felt the Council should consider Mr. Ralston's suggestion concerning the disposition of excess funds if the Library Bond passes and the project comes in under budget. The voting public should be aware of what the City will do with the excess funds before being asked to vote on the issue. Councilman Doyle moved that in the event the Library Bond passes, and if there are excess funds after the new library was been completed, that these funds be used to pay off the bond. Councilmember McKeown seconded the motion. Manager Pomeranz asked that the motion be amended to state "to pay off the bond or to reduce taxes", as it may be a noncallable bond, which cannot be paid back early. However, there is a possibility of reduced taxes for a period of time. Councilman Doyle as maker of the motion, and CoUncilmember McKeown as seconder, agreed with this amendment. In the ensuing discussion, Mr. Ralston emphasized the need to make sure the money is used toward the retirement of the debt. A vote was taken on the motion, which carried unanimously. Manager to attend ICMA 10. Approved Expenditure for Manager to attend ICMA Conference Conference in Chicago Councilman Ostrowski moved to authorize the expenditure of $1,395 for the City Manager to attend the ICMA Conference in Chicago, from September 17 - 22, 1994. Councilmember McKeown seconded the motion, which carried unanimously. Councilmembers Doyle and McKeown complimented Police Chief Ilk and staff for the manner in which they handled the Family Skate Center issue. ADJOURNMENT: The meeting was adjourned at 11:30 p.m. Cl-~rk q -11- 2845 Exhibit "A" ZONING CODE AMENDMENT - ZCA 94(08)05 - FIRST PRESBYTERIAN CHURCH, - Commercial Residential (CR) Districts, City-wide: Findings: 1. The zoning ordinance has been reviewed with respect to temporary housing provisions. 2. The Comprehensive Plan stresses in the housing element the goal to provide emergency and transitional housing. " 3. The Commercial Residential Zone represents those arms where businesses occur on small sites and are of the type providing goods and services required daily by the surrounding residential zones. 4. The CR zone allows a variety of residential uses including adult family homes and supported living arrangements, apartments, residential care facilities, single family residences, bed and breakfast establishments, group homes and hospices. 5. A Determination of Non-Significance was issued for the proposal on July 25, 1994. 6. The Clallam County Housing Needs Assessment was reviewed. It indicated that in 1990 there were 13,212 bednights provided in homeless shelters in the County in 1990, and there were 137 bednight requests that were turned away. Conclusions: A. The Zoning Code Amendment is not in the public use and interest because it requires additional city review where it is unnecessary. B. Churches support many activities and traditionally include sanctuary housing as part of their services. C. The Planning Commission interpretation is that sanctuary housing for youth and disadvantaged are included in church activities. Adopted by the Port Angeles City Council at its meeting of September 6, 1994. Sargent, A2~YEST: B~lc~-J.~ Upt~n,/City-clerk 2846 Exhibit "B" PETITION FOR VACATION OF CITY RIGHT-OF-WAY - HALL, Portion of Columbia/Water - Street alley Findings: 1. The request is to vacate 2,000 square feet of the Columbia/Water Street Alley, east of the vacated Chambers Street. 2. The portion of the alley proposed to be vacated abuts Lots 8 & 9 and Lots 10 & 11, Block 2 of the Puget Sound Cooperative Colony subdivision. 3. The site in question is located below the top of the marine bluff and is identified as an environmentally sensitive area. 4. Since adoption of the environmentally sensitive areas protection ordinance, the City has not approved any vacations for right-of-way located within an environmentally sensitive area. Proposals that were denied or modified include Hailer - STV 93(11)06; Levick/McCoy - STV 93(06)04; Richmond - STV 93(04)02; and Ralston/Wilson - STV 92(09)04. 5. The portion of the alley proposed for vacation is unimproved and is separated from the improved alley by a masonry wall. 6. The property above the top of the bluff is zoned RS-7, Residential Single-Family. Property below the top of the bluff is zoned PBP, Public Buildings and Parks. 7. Comprehensive Plan policies encourage protection of environmentally sensitive areas. 8. City staff has been directed to work with the applicant to secure his property and the City' s property. Conclusions: A. Vacation of this portion of the alley is not in the public use and interest and would not be a public benefit, as it would transfer environmentally sensitive land from public to private ownership. _ B. As conditioned, the street vacation is not consistent with the Goals, Policies and Objectives of the Comprehensive Plan, specifically those identified in the staff report. Adopted by the Port Angeles City Council at its meeting of September 6, 1994. J~I~n_~K.:K Sargent, MaLf~. ATTEST: B yV Upton,f iiy Clerk 2(~47 Exhibit "C" SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 94(08)144 - DAISHOWA - AMERICA CO., LTD: Conditions: A. A right-of-way use permit shall be obtained prior to construction of the project. B. A plan showing how traffic will be routed during constructions shall be submitted to Public Works for approval prior to commencement of the project, t''~ Findings: 1. The approval is for improvements to the stormwater system including installation of concrete curbing, catch basin, pipe and pump to channel runoff into the wastewater treatment plant. 2. The facility is on the site previously occupied by a S'Klallam Village. Because the project involves excavation of earth, an MDNS was issued which requires monitoring by a qualified archeologist. 3. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this proposal. 4. The site is zoned M-2 and designated Heavy Industrial in the Comprehensive Plan. 5. The work involves construction within a public right-of-way. Conclusions: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulation C.3 & 4; Land Use Element D.6 & D.7; Natural Systems E. 1.a, E.2 E.7. a & b; Use Activities F.8.a & F. 18.a-c. B. The proposal is consistent with the Port Angeles Comprehensive Plan, specifically Goals No. 3; Industrial Development Policies No. 5; and Land Use Objectives No. 1 & 3. - C. The proposal will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of September 6, 1994. Jc~_~. Sargent: May~l A 'TE- ¥1- Upt n, 2ity Cle- k