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HomeMy WebLinkAboutMinutes 09/21/19932567 CITY COUNCIL MEETING Port Angeles, Washington September 21, 1993 CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:05 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Hulett and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: None. Staff Present: Acting City Manager and Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, K. Godbey, S. Ilk, B. Titus, B. Becket, K. Ridout, and G. Kenworthy Public Present: R. Wilson, E. Brown, J. Darling, D. Hansen, M. Hansen, L. Mygind, J. Mudd, L. Doyle, D. Milligan, D. Zanon, C. Peace, L. Beil, J. Michalczik, G. Priest, N. Johnson, P. Vizzi, L. Vizzi, T. German, and M. Banks. PLEDGE OF The Pledge of Allegiance to the Flag Was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINWI?ES: September 7, 1993. Councilman Hulett seconded the motion. Councilman Schueler commented on the portion of the minutes relating to the City Council. Committee reports, specifically pertinent to the notation in the minutes regarding his apparent habit of saying something was enlightening. He did not believe such a comment was noteworthy, but has noticed that the Clerk has repeatedly credited him with that comment when reporting his remarks. Councilman Schueler noted his hope that he would quit using such an inane expression, or that the Clerk would quit revealing it for the record. Councilman Schueler continued by stating that he did not know what was meant by "hope for the future of Port Angeles' landfill", which is something he allegedly said. He asked to make additional remarks about this issue when the Mayor called for City Council meeting reports. Councilman Schueler wasn't certain how to correct this situation; he inquired as to whether he should meet with the Clerk on the matter. Clerk Upton responded that she would welcome the opportunity. A vote was then taken on the motion, which carried by a majority vote, with Councilman Wight abstaining due to his absence from the meeting. CEREMONIAL None. MATTERS/ PROCLAMATIONS: CITY COUNCIL Councilman Schueler attended the SWAC (Solid Waste Advisory Committee) meeting COMMITTEE today. He reported the issue to be confusing and costly. Residents currently pay REPORTS: $38 per month for garbage and sewage fees. In the future, rates will be $50 to $60 per month if the City exports its garbage across the state. He desired an explanation as to why the City must follow State and Federal guidelines when it results in going to the trough for more money in order to meet those guidelines. Councilman Wight felt this issue should be discussed later in the agenda when the secondary treatment plant contract amendment comes up. Councilwoman Sargent attended the Peninsula Development Association meeting, which was held to sponsor a $200,000 grant for Woodnet. The Economic Development Council appointed Dave Hagiwara, Port Marketing Director, as a loaned executive to mn the EDC until a new director is hired. Mr. Hagiwara's goals and activities for EDC include damage control, facilitating the hiring of a new director and the budget process. There was also a meeting on the Fire Hall issue. The architect is meeting with the Contractor to propose some cost cutting changes in the building. Councilwoman Sargent also attended the AWC legislative meeting. She was appointed to chair the Fiscal and Transportation Committee. She also - 1 - 256~ CITY COUNCIL MEETING September 21, 1993 CITY COUNCIL attended the City/County Growth Management meeting. The funding for next year COMMITTEE will be about the same level as this year, but it will have to last 18 months rather REPORTS: than 12. (Cont'd) Councilman Braun attended the meeting on the new Fire Hall along with Councilwoman Sargent. He also attended the Utility Advisory Committee meeting at which time cable rates were discussed. Representatives from 3-H Cable Communications and Northland Cable will attend the next meeting to report on the FCC regulations. CounCilman Braun attended the Clallam County Transit Authority meeting in Forks. Councilman Ostrowski attended the third meeting of the Multimodal Transportation Program and Project Selection Committee, where they allocated funds to various agencies. The Washington Coastal Corridor was held in Olympia on the same day, Planning Director Collins attended in Councilman Ostrowski's place. The Coastal Corridor Conference is being held in Port Angeles Thursday and Friday of this week. Councilman Hulett attended a Clallam County Historical Society meeting. An architectural firm has been chosen for the new museum. He also attended a meeting of the Tourist and Convention Bureau. He reminded the Council that on November 3, a membership program, "Film Making in Washington State" held by Washington State Film and Video office, will be held at 7:00 p.m. in the Council Chambers. Councilman Hulett also attended Reinventing Government meetings. Councilman Wight wished to speak to Item 2 when the Consent Agenda is considered, as the recommendation was referred from the UAC. He also desired to address Item E.6. at the appropriate time'. Councilman Wight worked at the Clallam County Fair representing the City in the DWI Task Force booth. Mayor Hallett reported on a Derby Days Ad Hoc Committee. He met with Frank Ducceschi of the Daily News and Jack Pittis, to explore the possibility of a community festival. It was decided that a consensus must be reached fight away as to whether or not this area would like a community activity as a focal point, and if so, what type of activity. Mayor Hallett committed the City to be a participant in these considerations, which will include the Chamber of Commerce, the Visitor & Convention Bureau, the Downtown Association, and the Salmon Club. He inquired as to whether a Council member would be interested in being involved in this planning stage. Councilwoman Sargent urged Mayor Hallett to invite the Festival of the Arts to meet with this group. Councilman Hulett volunteered to participate on behalf of the Council. Mayor Hallett addressed the Emergency Medical Services Providers Conference last Friday. Several people commented on the fine facilities available. He was also involved in the Proclamation at the Park Center where the signing of the Constitution was reenacted. The Mayor also attended the UAC meeting; several items on tonight's agenda are referrals from that meeting. FINANCE: None. CONSENT AGENDA: Councilman Wight moved to accept the Consent Agenda, including: (1) Completions of Contract CL92-5 with Northwest EnviroField Services for PCB contaminated soil removal; (3) Correspondence from Washington State Liquor Control Board; (4) Payroll of September 12, 1993 of $346,912.91; and (5) Voucher list of September 17, 1993 for $885,813.05. Councilman Braun seconded the motion. Councilman Schueler referenced the various amounts paid for film purchaseS and processing. He felt this should be looked into to see if the City could reduce this expenditure in the future by possibly having the City do film processing. Attorney Knutson stated this would be looked into and reported back at a future meeting. A vote was taken on the motion, which carried unanimously. (2) Request to waive fees or charges for non-profit groups: Mayor Hallett reviewed the information provided by the Public Works Department, and Councilman Wight stated that the UAC felt these fees and charges should not be waived, as they would become a financial burden to the rate payers. Currently, the ordinances relating to utility rate setting do not permit this waiver. If Council does nothing on this, the existing policy prevails and requests of this nature would be denied. The Council concurred with Councilman Wight. Councilwoman Sargent moved to concur with the recommendation of the Utility Advisory Committee. Councilman Braun seconded the motion, which carried unanimously. -2- 2569 CITY COUNCIL MEETING September 21, 1993 ITEMS FROM THE Councilman Wight requested a brief discussion of the Parks and Recreation minutes. AUDIENCE/COUNCIL/ This was added as item F.9. STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Public Hearings 1. Discussion of open burning Open Burning Mayor Hallett reviewed the information provided by the staff. Chief Glenn introduced Mr. Chuck Peace from the Olympic Air Pollution Control. Authority, Olympia, who was present to speak concerning the proposed burning requirement. Chief Glenn requested that Fire Marshal Becker briefly review the materials in the Council packet prior to having the heating opened. Fire Marshal Becker briefly summarized the written report and played a short video tape which demonstrated the different types of test bums, as well as a chipper being used at the landfill. He answered various questions on the presentation, which included Council questions specifically relating to chipping of materials from construction sites. Mayor Hallett inquired of Fire Marshal Becket which of the three scenarios he would support. Fire Marshal Becker responded that it would be best if the material to be burned was down for approximately 90 days in order to gain some drying time. The biggest problem is burning green wood which emits a lot of ash into the air. Councilman Braun would like to see burning banned when the weather conditions are rainy or windy with low pressure resulting in smoke that hangs low over the City. An ideal day would be when there was a high pressure system which allows the smoke to go higher into the atmosphere. Fire Marshal Becket pointed out that there were three different groups represented in the audience tonight: the residents who suffered inconveniences due to controlled bums; the developers and the peOple who make a living clearing land; and Chuck Peace from the OAPCA. It is important to hear all three groups. Councilman Schueler reviewed the calculation of disposing of these materials at a rate of 100 cubic yards per hour which equates to $2.00 a cubic yard rendered into chips. He was sure there were other costs involved; however, it still does not total $8.50. He inquired as to what the other costs might be. Fire Marshal Becker deferred the question to Mr. Peace, but noted that this question has not been settled as yet. Councilman Ostrowski expressed concern with the outlying areas. Unless they can be controlled in some manner, the problem cannot be completely resolved. Attorney Knutson informed the Council that it is the intent of the Washington Clean Air Act to limit open burning in urban areas in particular, and by the year 2000 open burning will be completely prohibited even if there were not reasonable alternatives. In the meantime, the key question is whether or not there are reasonable alternatives. Councilman Braun requested that Mr. Peace explain how DNR plans to handle burning in rural areas up to and beyond 2000. Chuck Peace, Director of the Olympic Air Pollution Control Authority, advised the Council that he was on the committee that developed the open burning regulations. The committee had a great deal of difficulty with reasonable alternatives, a matter which affects the entire State. What applies to the west side of the State wasn't considered workable for the east side. Consequently, guidelines were developed that defined what the alternatives are and how they are to be used. The State entity dealing with these is the DOE. Mr. Peace and his committee did not get involved With that part of the planning. However, he understood that it is going to be $8.50 and anything less than that amount is considered reasonable and should be used. There is no requirement to implement this at this time. Hopefully, the guidelines will come out at the end of this month, and then there will be an eight or nine month period before everything becomes effective. Requirements for open burning permits are already in effect, and they state who can dispense the permits. Until the actual guidelines come out, any information Mr. Peace could give out would just be a guess on his part. Mayor Hallett asked Mr. Peace what other counties under his jurisdiction have done regarding this issue. Mr. Peace related that in Mason County a fire marshal was hired and is doing all the open burning permitting for the entire county. One fire department would like to do it and will probably be delegated because it is one of the larger ones staffed with paid personnel. In Thurston County, it appears that the fire 2570 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: districts are taking on that responsibility. Within the city limits there is no problem (Cont'd) because open burning has already been banned in Lacy, Olympia and Tumwater. This was done due to ambient violations of the Federal standards for particulates. Public Hearings This was duo to Wood stove~ and not open burning, but when the Clean Air Act came out it said'if an area threatens to exceed Federal standards, then open burning Open Burning will not be allowed. Consequently, Thurston County had to apply the burn ban. (Cont'd) Anything outside of the city limits is in the DNR's jurisdiction. DNR has separate burning rules, and Mr. Peace believes that in developed areas, the DNR will defer the permitting to a local fire department or district. In undeveloped areas, the DNR will do the permitting themselves. Because DNR has its own rules there is quite a difference between what DNR does and what the rest of the State can do. Councilman Braun inquired as to whether the DNR would be exempt from the Clean Air Act beyond the year, 2000. Mr. Peace answered that they would not be exempt. Mayor Hallett opened the public hearing at 8:10 p.m. Jane Darling, 3515 Galaxy Place, read a statement she had prepared for Council regarding the controlled burn on Ahlvers. She informed the Council that she was not contacted as to when the burning was to take place and felt that the contractors should be responsible for chipping costs. She felt the burn was poorly handled and the smoke and ash were terrible. Councilman Ostrowski remarked that there were two separate Ahlvers burns, and inquired of Ms. Darling if one'was worse than the other. Ms. Darling responded that either Wednesday or Thursday was the worse of the two days. She has white lawn furniture on her deck which she washed three times and each time it was covered with about 1/4 inch of soot. jeanette Mudd, Galaxy Place, lives next door to Jane Darling. Ms. Mudd's husband called in a complaint to the fire department regarding the burn, as did their neighbors, the Rogers. Ms. Mudd did not appreciate all the ash, and now they have to wash their house and windows again. She felt the contractors should be responsible for chipping costs. Tim German, 2025 W. 12th Street, understood the concerns of the people who live in the area under discussion. Mr. German felt that people too often characterize developers as people who go out and take advantage of everyone, but it's a service to the community just like any other business. In this community, housing is needed, and the cost of housing is going up daily. There is only so much profit, and added costs must be figured into the cost and passed on to the consumer. Mr. German felt that, with guidance, controlled bums can be successful. He reminded the home owners in the audience that at one time there were trees growing on their property, and those trees had to be burned. He reminded Council that every additional cost to the contractor must be passed on to the consumer and, therefore, fewer people will be able to afford to purchase a home. Councilman Hulett questioned Mr. German as to how much of an increase there would be on each lot in the Milwaukee Drive area if chipping had to be done versus burning. Mr. German responded that, using the numbers he was given to work with, it would cost approximately $2,500/acre to clear a site now. Chipping would bring that cost up to between $5,000 and $6,000/acre, thereby doubling the cost. In regard to the Milwaukee Street clearing, there is still a pile of debris that needs to be burned, and he is $15,000 over budget on the clearing. It was only a seven acre site, and he is not rid of the debris yet. Mr. German understood that when the fire department goes to put out the fire, the fire is not hot enough anymore, and that is when the tarry substance is generated which settles on most of the houses. Normally the ash floating around is dry and washes off. Councilwoman Sargent inquired of Mr. German as to whether he had looked at the recommendations that were made to Council, and did he have an opinion on the A through H suggestions. Mr. German agreed with them for the most part; the residents of the neighborhood should know in advance of a burn so they can make arrangements. The only item that would be difficult would be relocating people. He had offered to relocate people, but leaving it open-ended could cause problems. It should be due to health concerns, not because some one would like to spend a few nights in a hotel. Mr. German felt it should be weighed; someone being put out for a day versus the whole community enjoying an improvement. Mr. German felt a sign posted on the property one week prior to the burn would give ample notice to people. Councilman Schueler has a friend who resides on West Sixth. Because of where he lives, he would never see such a sign. However, he shared a concern that homes would burn if hot particles landed on the roof. Mr. German felt Fire Marshal Becket would be better able to answer the question of whether controlled burns have caused house fires. When the Milwaukee Street burn was under way there were -4- 2571 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: people and a private fire fighting truck available to respond to any fires that might (Cont'd) occur. Public Hearings Councilman Schueler asked why Mr. German's figures of $5,000 to $6,000 per acre to clear the land 'were inconsistent with the Fire Marshal's cost to use the chipper. Open Burning Mr. German explained that until it's actually done, no one really knows the cost. (Cont'd) There are always hidden costs, such as stump disposal and hauling and dumping the chips. Councilman Schueler inquired as to the cost to the City for a controlled burn. Mr. German responded that it Would depend on how many times the fire marshal had to respond to it. The $25.00 currently being.charged is too low a fee. However, Mr. German reminded the Council that there would be a cost to the City if the debris was taken to the landfill as it would still have to be chipped and disposed of. Chief Glenn responded to Councilman Schueler's question regarding fires. Over the years, developers have learned how to control the bums and spreading of the fire is not 'a concern. The concern being addressed is the pollution from the ash and smoke. Laurie Ruth Vizzi, 711 S. N Street, resides directly across from the Milwaukee bum. Ms. Vizzi has documented health problems including lung disease, asthma and heart trouble. Ms. Vizzi must be notified prior to a bum. She had to leave her home for two weeks after the last burn and was under a doctor's care. However, she would like to see the development completed, as Port Angeles has a real need for more housing. Ms. Vizzi expressed her willingness to make compromises and felt that smaller, drier bums or chipping and burying the chips on the land are possible solutions. Gary Priest, P. O. Box 2181, was the contractor on the Milwaukee burn. He expressed appreciation to Ms. Vizzi for her willingness to compromise. He related the problems that arose out of the Milwaukee bum and why they occurred. He agreed that notification of adjacent property owners prior to a bum began would be a good idea. He felt controlled bums are still a viable way to clear the land. Chuck Peace again took the podium to provide clarification concerning the eight to nine month clock. Once the guidelines are out, the clock begins. At the end of the time period, all areas must have an open burning policy in place, along with signed agreements with the local agencies that they are going to follow all conditions of the Washington State Clean Air Act or local ordinances. If an area does not have a permit system, or has not signed an agreement, then the DOE will declare that area a 'no bum' area. Parts of this include the alternate methods, which must be considered before a permit is given. If alternate methods are in place, those methods must be used, assuming that it is cheaper than the $8.50/yard charge. Mr. Peace explain that, according to State regulations, if particulates from a fire get deposited on another person's property, that is a violation of State law. This could result in a violation being cited with a $10,000 penalty. This should also be considered in the equation of whether it is feasible to bum. Mr. Peace commented ~ ' on the bums that took place. Any time it is necessary to put out a large fire, there will not be enough water to put it out and the result will be the creation of a lot of ash and more problems. Having a smaller contained fire would result in a more controllable situation. A smaller fire can be extinguished if it begins to create a nuisance; however, it will still create ash and impact the neighborhood. Mr. Peace defined a small fire as 10' x 10' and a large fire as 20' x 40' or larger. John Raymond, East Third, is a home builder. Mr. Raymond felt this was not the arena to deal with this issue and that the DOE should be disbanded for being unrealistic in this issue. He expressed concerned with the $8.50/yard figure, as he felt it to be unrealistic and unobtainable in this community. Port Angeles does not have a facility which allows for the dumping of refuse and does not have the equipment to deal with it. If a builder had to haul 1000 yards of debris to a chipper,' he could conceivably see a $6,000 to $10,000 per site cost for this. Mr. Raymond encouraged the Council to develop a Task Force to pursue the real issue. If burning were banned today, how would the dump be impacted? A single stump can fill a 10- yard dump truck. It is unrealistic to think these stumps can be hauled somewhere. Mr. Raymond addressed another issue not addressed, which was the equity loss to the property owner. If the cost of an average lot is escalated, someone loses. This is a hardship. The $8.50/yard is a terrible expense. He encouraged the Council to look further and employ people if necessary to make a determination before it is arbitrarily said the City will not allow burning in this community. Jane Darling, 3515 Galaxy Place, wished to sum up tonight's comments by saying the better way to serve each other in this community is to make it mandatory to let -5 - 2572 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: the people know at least a week in advance that a controlled bum will be taking (Cont'd) place. This will allow people to prepare. Public Hearings Mayor Hallet~.,clOsed the public hearing at 8:51 p.m. Open Burning Chief Glenn reminded Council that currently there is a moratorium on burning (Cont'd) pending any action by the City Council. There are several builders scattered throughout the City awaiting the Council's decision. Councilman Braun moved to allow burning on a case-by-case basis with piles not to exceed 10' x 10', to include the recommendations, for the Council's consideration: A, B, C, D, F, G, and H and an added recommendation of I: not to allow burning when the weather conditions are such, etc. etc. Councilman Schueler seconded the motion, with an amendment to Item D: prior to lighting the burn pile there should be a week's notice given to residents. Councilman Wight felt that Item D should be changed to: "prior to lighting of the burn pile, notification should be distributed to each home or business in the immediate neighborhood". Regarding Item F, Councilman Wight suggested a wording change to: "residents of the area who have documented respiratory problems that can be complicated by smoke emissions and can be detrimental to their health would be relocated at the expense of the permittee as mutually agreed upon between the parties". Concerning Item G, Councilman Wight felt someone had to be responsible for deciding whether or not a fire needed to be extinguished. If the City is going to adopt the responsibility, the following phrase should be inserted "as determined by the fire marshal or other City official". Under Item H, Councilman Wight felt 90 days to be subjective and may be unnecessarily restrictive. Some debris can be burned in less than 90 days with almost no smoke. He felt the words "90 days" should be removed and "before being burnt the natural vegetation from a land clearing site would be required to dry to a minimum level of dryness to facilitate burning as agreeable to the fire marshal" should be added. Councilman Wight reminded the Council that in time these issues will need to be readdressed due to DOE requirements. Councilman Braun as the maker of the motion agreed to the additions, as did Councilman Schueler as the second. Lengthy discussion followed regarding the motion, and Councilman Ostrowski requested another amendment be added. He felt there should be a time limit and suggested three days per bum. Councilman Hulett reminded Council that if bums are limited to 10' x 10' piles it might take longer than three days if it was a large project. It was the general Consensus of the Council that multiple bums per parcel would not be allowed and that the motion should include wording to the extent that it is for one burn pile. Councilman Wight felt there should not be a time limit set as to number of days. If the weather is good and it takes a week to clear the land, it shouldn't create a problem. Attorney Knutson pointed out to the Council that the City ordinance regarding open burning limitations provides that for fires larger than 4 feet in diameter, a $25.00 permit must be obtained which is good for a five-day period. This motion would be consistent with that. Discussion followed. The Council requested that Mr. Priest take the podium to answer questions about feeding the fire. Mr. Priest felt 10' x 10' was too small, as some of the stumps are larger and he felt it was too small to generate enough heat for cleaner burning. Mr. Priest felt a 20' x 20' fire was better. Fire Marshal Becket felt it was better to err on the conservative side. He agreed with Mr. Priest that a 10' x 10' fire was probably too small, and he felt the City had the capability of extinguishing a 20' x 20' fire without a problem. He felt allowing a larger fire would allow the bums to be completed faster to the satisfaction of all involved. Fire Marshal Becket was comfortable saying a 20' x 20' fire should be allowed. Fire Marshal Becket then inquired whether or not Council was comfortable with the $25.00 fee. He felt the fee for a larger fire should be $80.00. Councilman Braun agreed to change his motion from a 10' x 10' fire to a 20' x 20' fire, with an $80.00 fee. The motion would, therefore, include Item E. Attorney Knutson pointed out to the Council that changing the fee would necessitate amending the ordinance that contains the current $25.00 fee. Clerk Upton then read the motion back: to authorize burns on a case-by-case basis, with one singular pile not to exceed 20' x 20'. Item (A) is that the permittee must stay in constant attendance of the burn pile along with their equipment; (B) Permittee must have a means of communicating with the fire department; (C) Two fans must be used on each burn pile; (D) Prior to lighting the burn pile written notification notices shall be distributed to the immediate neighborhood, to include home owners and businesses with that written notification being submitted one week in advance, to include the date, time and duration of the controlled burn; (E) natural vegetation fires larger than 10' in diameter shall pay a permit fee of $80.00 (and that will be handled by ordinance -6 - 2573 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: later); (F) Residents of the area who could experience documented respiratory (Cont'd) distress from the smoke emissions that could be detrimental to their health, would be relocated at the expense of the permittee as mutually agreed upon by Public Hearings both parties; (G) The fire would be extinguished if the smoke and ash unreasonably interferes with the neighbor's property use and enjoyment, or Open Burning could be detrimental to the health of someone who does not want to be relocated (Cont'd) as determined by the Fire Marshal or other City official; (H) Before being burnt, the natural vegetation from a land clearing site would be required to dry to a level of dryness to facilitate burning as determined by the Fire Marshal or other City official; (I) Burning will not be allowed when weather conditions are such that it would create an inversion layer. Lengthy discussion ensued concerning the proposed notification requirement, the size of the bum, and the means by which the neighbors will be advised of the bum. Chief Glenn expressed concern over the feasibility of contacting everyone prior to a burn. Councilman Hulett suggested the permittee simply do up a flyer that would be placed on each door as opposed to mailing them out. Chief Glenn found this to be acceptable.. There being no further discussion, a vote was taken on the motion, which carried unanimously. Councilman Wight suggested that someone look into using the Government and Education channel to notify residents of an impending burn. Councilman Schueler then requested more information on the DOE regulations, which Attorney Knutson provided. Break Mayor Hallett recessed the meeting for a break at 9:28 P.m. The meeting reconvened at 9:45 p.m. Street Vacation 2. STREET VACATION REQUEST- STV 93(08)05 - CITY OF PORT Request - City of ANGELES, "A " Street between Lauridsen Boulevard and the south margin Port Angeles - of the Seventeenth Street right-of-way: Consideration of a petition requesting Ordinance No. 2778 vacation of City right-of-way. (Continued from September 7, 1993) Mayor Hallett reviewed the information provided by the Planning Department. He 1 0 / 2 7 / 9 3 opened the public hearing at 9:46 p.m. C 1 e r k ' s N 0t e: R e. R.P. Willson, 734 West 12th Street, advised the Council that he owns the bulk of S t r e e t V a c a t i o n S T V the property that lies between "A" Street and Tumwater access road. Using a map 9 3 ( 0 8 ) 0 5 - C i t y o f on the overhead projector, Mr. Willson showed the Council the location of his Port Angeles, discussion property in conjunction to the requested vacation. His property is zoned M-l, and i n t h e m i n u t e s r e f e r s t o if the vacation is approved, any industrial traffic from Block 144 will be forced to B l o c k 1 4 4. A ] 1 s u c h go north on "A" Street, which is residential. City Light has offered the option of r e f e r e n c e s s h 0 u l d, i ri having 17th Street go through and tie in to the vacation. It would make a less than f a c t, b e t o B 1 o c k 4 4 4. desirable intersection. Mr. Willson proposed that City Light use the land without formal vacation, short of putting any structures in the fight-of-way. If someone This was inadvertently 0 v e r l 0o k ed a t t h e t i me wants to develop Block 144 in the future, they could negotiate with the Light t h e m i n u t e s w e r e s I~ b - Department and come to a mutually beneficial arrangement. mitred for approval . Mayor Hallett asked staff how the access dilemma could be resolved. Planning Director Collins explained that there were two concerns. One, the reason for the Becky J. Upton C i t y C 1 e r k vacation is to consolidate the City Light site for storage use now and other constructions at a point later in time. The second use is for access along "A" Street for industrial purposes. It is not desirable to have "A" Street go all the way through where the combination of residential and industrial traffic would normally flow on "A" Street. While Mr. Willson is correct, it would eliminate access to Block 144. It would not eliminate future access and development of that area from using 17th Street which is currently the main access to the City Light site. Mr. Willson concurred with Director Collins that that portion of "A" Street should be restricted to industrial traffic; however, he did not feel "A" Street should be vacated. The residential traffic is north bound because some time ago Public Works requested permission to block that area off by dumping dirt in "A" Street. Mr. Willson did not want to see the fight-of-way vacated so that future industrial users would not have the option of going out through the Boulevard. Mayor Hallett inquired if 17th Street is an acceptable road for industrial traffic onto the truck route. Director Collins responded that according to testimony received at Planning Commission, it would be acceptable. Discussion followed the access. City Light Director Titus advised the Council that the old City Light building was located on 2nd and Valley. It had to be torn down to clean up the PCB pollution. A new structure could not be constructed on that site because it was found to be an old fiver bed and a piling could be pushed down 15 feet with little resistance. The cost of putting in foundation at this site, which would support a structure, was -7- 2574 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: prohibitive. The Light Department had to fred another piece of property that could (Cont'd) hold a covered storage facility to replace the warehouse which had to be torn down and would be suitable to eventually contain all City Light operations. Using the Street Vacation map, Director. Titus showex! ~ Council where the new facilities would be built. If Request - City of "A" Street is not vacated, the site will be unsuitable and they will have to find Port Angeles- another one. A brief discussion followed regarding traffic generated by the Ordinance No. 2778 corporation yard. (Cont'd) There being no further testimony, Mayor Hallett closed the public hearing at 10:05 p.m. A brief discussion ensued regarding ingress and egress to Mr. Willson's property and Light Director Titus' concern over the fencing requirements of Condition 3. Deputy Director Ridout explained that the way the ordinance is written, the ordinance will not be final and/or complete until all conditions are met. Extend Meeting Councilwoman Sargent moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilman Braun seconded the motion, which carried unanimously. Director Collins felt that to satisfy Director Titus' concerns, all fencing will be properly located along the 17th Street fight-of-way east of A Street at the time of redevelopment .of either Block 444 or the City Light property, Block 447. Further discussion followed as to when the covered storage facility would be built. Councilman Wight moved to approve Street Vacation Request - STV 93(08)05 - City of Port Angeles, "A" Street between Lauridsen Boulevard and the south margin of the Seventeenth Street right-of-way citing the following Conditions, Findings and Conclusions: Conditions: (1) Provide easements for utilities located within the fight-of-way; (2) Screen from view from Laufidsen Boulevard any new storage areas created either with a solid opaque fence or landscape materials. The applicant is encouraged to screen existing storage areas; and (3) All fencing will be properly located along the 17th Street fight-of-way east of "A' Street at the time of development of the City Light property for storage or to meet the needs of the property owners that own the additional industrial property north of the site; Findings: (1) The request has been modified to vacate the 'A" Street right-of-way from Lauridsen Boulevard to the south margin of the 17th Street right-of-way; (2) The property is zoned Light Industrial (LI); (3) There are no plans for "A' Street to become a through street. Currently, from the north, 'A~ Street improvements terminate at the 15/16 alley. From Lauridsen Boulevard, it is paved for a length of about 350 feet north; (4) Lots 6-13, Block 444, TPA, are under private ownership. The vacation would eliminate the only improved access to 'the site. Unimproved fights-of-way are along 'A", 16th and 17th Streets which could provide future access. The privately owned lots are under one ownership and are vacant; and (5) The purpose of the vacation is to create additional storage area. The Comprehensive Plan Industrial Development Policy No. 7 encourages screening of materials from public view; and Conclusions: (A) Vacation of this portion of "A" Street right-of-way is in the public use and interest and would be a public benefit as it provides storage areas for public facilities; and (B) As conditioned, the street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan. Councilman Hulett seconded the motion. Councilman Wight felt Mr. Willson had been a cooperative citizen with regard to the ownership of his property and his coexistence with City government over time. He recognized that he has a bias towards "A" St. as a long term access to the property as opposed to 17th Street. If the City ensures that 17th Street is providing proper access and if the City cooperates with him as he has cooperated with the City in relocating the berm that exists on "A~ Street to a more northerly location and it gives him full access to his property in the interim, it would seem that his immediate needs would be taken care of and the viability of development of the property is not deterred. Councilman Wight thanked Mr. Willson for his cooperation. A vote was taken on the motion, which carried unanimously. Councilman Wight noted that there was an issue considered at UAC as to whether the Light Fund paid the real estate fund typical value for vacated property. The consensus was that the Light Fund would, in fact, owe the General Fund (i.e. real estate fund) fair compensation for the vacated property. He then asked for the value of the land. Deputy Director Ridout answered that there were 12,495 sq. ft. with an estimated value of $1.29/sq. ft., for a total value of $16,118.60. 50% of this is approximately $8,060.00. Mayor Hallett read the Ordinance by title, entitled -8- 2575 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: ORDINANCE NO. 2778 (Cont'd) AN ORDINANCE of the City of Port Angeles Street Vacation vacating a portion of "A" Street between Request - City of Lauridsen Boulevard and the south margin Port Angeles - of Seventeenth Street. Ordinance No. 2778 (Cont'd) Councilman Braun moved to adopt the Ordinance as read by ritle, incorporating the purchase price of $8,060.00. Councilwoman Sargent seconded the motion, which carried unanimously. Ordinance Correcting B. Ordinances Not Requiring Public Hearings Annexation Legal Description- 1. Ordinance correcting legal description of Ordinance No. 2774 (Lappier Ordinance No. 2779 Annexation) Mayor Hallett reviewed the information provided by the Planning Department. He read the Ordinance by title, entitled ORDINANCE NO. 2779 AN ORDINANCE of the City of Port Angeles, amending the legal description and map contained in Section 1 of Ordinance No. 2774, which annexed approximately 51.66 acres into the City of Port Angeles, Washington. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. Expiration of 2. Ordinance repealing temporary electric rate surcharge Electric Rate Surcharge - Mayor Hallett reviewed the information provided by the Light Department. He read Ordinance No. 2780 the Ordinance by title, entitled ORDINANCE NO. 2780 AN ORDINANCE of the City of Port Angeles, Washington, repealing the temporary electric rate surcharges and Section 1 of Ordinance 2704, Section 1 of Ordinance 2730 and Section 13.12.021 of the Port Angeles Municipal Code. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Wight seconded the motion, which carried unanimously. C. Resolutions Not Requiring Public Hearings Updating Fees for 1. Resolution establishing fees for supplying of prints and copies to the public Prints & Copies - and other services Resolution No. 34-93 Mayor Hallett reviewed the information provided by the City Clerk. He read the Resolution by title, entitled RESOLUTION NO. 34-93 A RESOLUTION of the City of Port Angeles establishing fees for the supplying of prints and copies to the public and other services and superseding Resolution No. 8-92. Councilman Ostrowski moved to pass the Resolurion as read by title. Councilman Braun seconded the morion. Councilman Braun questioned Clerk Upton as to what changes had been made to the fees. Clerk Upton responded that most of the prices were the same but print sizes had been added, as well as charges for data requested on computer disks. Councilwoman Sargent inquired as to who besides City employees makes copies. Clerk Upton explained that the public has the prerogative of using City equipment to make their own copies at a cheaper rate. -9- 2576 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: This is covered by Ordinance as well as RCW. A vote was taken on the motion, (Cont'd) which carried unanimoUSly. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1. Planning Commission Minutes of August I1, 1993 Olympic View Estates Mayor Hallett reviewed the information provided by the Planning Department. A brief discussion followed, and Director Collins explained to the Council that State law requires action to be taken within certain periods of time and at this point Council cannot act favorably upon the request. Councilwoman Sargent moved to concur with the Planning Commission and deny the proposal for lack of information citing the following Findings and ConclUSions: Findings: (1) The Planning Commission has continued the request from April 28, 1993, and July 14, 1993, and directed the applicant to submit a preliminary plat in conformance with the City's subdivision ordinance; (2) The original preliminary plat submitted by the applicant was not prepared by a licensed surveyor as required by the City's subdivision ordinance; (3) The applicant has not submitted a plat in conformance with the City's subdivision ordinance, and has not indicated any intent to proceed with the project; and (4) The City's subdivision ordinance requires the City to act on a subdivision application within 90 days of the date of receipt; Conclusions: (A) The plat is not in conformance with the requirements of the City's subdivision ordinance with respect to submittal requirements; (B) The applicant has not acted in a timely manner to meet the subdivision ordinance requirements; and (C) The subdivision ordinance requires the City to act on applications in a timely manner. Councilman Hulett seconded the motion, which carded unanimoUSly. Shoreline 2. Planning Commission Minutes of September 8, 1993 Management Permit - Daishowa America SHORELINE MANAGEMENT PERMIT- SMA 93(09)137- DAISHOWA AMERICA CO., LID., Marine Drive: Request to allow the development and operation of a chip barge unloading facility in the M-2, Heavy Industrial District. Mayor Hallett reviewed the information provided by the Planning Department. Councilwoman Sargent moved to concur with the Planning Commission's recommendation citing the following Findings and ConclUSions: Findines: (1) The approval is for improvements to the chip loading facility as depicted on the two page set of plats dated received July 27, 1993. Improvements include a new conveyor mounted on the existing dock, a new radial stacker which will dump chips within the existing chip piles, a new conveyor to move chips from the barge to the dock conveyor, a utility building and a new nine foot high fence east of the chip piles; (2) The facility is on the site previously occupied by a S'Klallam Village; (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; and (5) A Mitigated Determination of Non-Significance was issued which requires a qualified archaeologist to be on site during all excavation to monitor for possible evidence of archaeological significance; and Conclusions: (A) The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulation C. 1; Land Use Element D. 1.a & D.7; Natural Systems E.7.b, & E. 12; Use Activities F.8.a & F. 18.a-c; (B) The proposal is consistent with the Port Angeles Comprehensive Plan, specifically Goals Nos. 2 & 3; Industrial Development Policies Nos. 1 & 5-7; Economic Objective No. 2; and Land Use Objectives No. 1 & 2; and (C) The proposal will not be detrimental to the shoreline. Councilman Braun seconded the motion. A brief discussion followed, and Joe Michalczik, Daishowa, provided a brief explanation as to why Daishowa needed a chip barge unloading facility. A vote was taken on the motion, which carried unanimoUSly. Councilman Braun moved to accept and place on file the Planning Commission minutes of September 8, 1993. Councilman Schueler seconded the motion, which carried unanimously. 1994 Budget Calendar F. Other Considerations I. Consideration of 1994 budget calendar Mayor Hallett reviewed the information provided by the Finance Department. Councilman Ostrowski moved to adopt the 1994 budget calendar. Councilwoman Sargent seconded the motion which, after brief discUSsion, - 10- 2577 CITY COUNCIL MEETING September 21, 1993 carried unanimously. Shoreline Master 2. Appointment of Port of Port Angeles and Lower Elwha $'Klallam Tribe Program Committee representatives to Shoreline Master Program Committee Appointments Mayor Hallett reviewed the information provided by the City Clerk. Councilman Braun moved to appoint Kenneth W. Sweeney and Carol Brown to represent the Port of Port Angeles and the Lower Elwha S'Klallam Tribe respectively to the City of Port Angeles Shoreline Master Program Committee. Councilwoman Sargent seconded the motion. A brief discussion followed. A vote was taken on the motion, which carried unanimously. Request by Fisheries - 3. Consideration of request by Fisheries for a water right and installation of Installation of Well well field on Elwha River next to Ranney Well Field at Elwha River Mayor Hallett reviewed the information provided by the Public Works Department. Councilwoman Sargent inquired of Attorney Knutson as to whether the letter from the Department of Fisheries protects the City's water. Staff offered the Council members a copy of the written agreement, which provides that the drilling will be stopped if it appears there will be any impact on the City's water supply. Attorney Knutson noted that the staff recommendation should only include authorizing the Mayor to sign the agreement for the test drilling. It should not authorize the Mayor to sign the water right permit application. If test drilling works out, staff will come back to Council to ask for authority for the Mayor to sign the water rights permit application. Councilwoman Sargent also noted that the date on the application for the start of drilling was incorrect. Councilwoman Sargent moved to authorize the Mayor to sign the agreement with the Department of Fisheries to allow test drilling for developing a groundwater supply at the Elwha Hatchery starting September 15, 1993. Councilman Braun seconded the motion. A brief discussion followed, and Councilman Braun inquired as to whether it was possible to supply the Fisheries with 2000 gallons of water per minute from the City's well, thereby alleviating the need for another well being drilled. Deputy Director Ridout replied that this had been tried without success due to'the chlorine in water. Further discussion followed with Council members expressing concern over the possibility of the City well being compromised by the installation of a well field so close to it. It was the general consensus of the Council that there were a lot of unanswered questions on this issue, such as the exact location of the well and the depth of the well. A vote was taken on the motion, which resulted in a tie. Councilman Wight moved to table the matter and defer it to the next meeting. Councilman Braun seconded the motion, which carried unanimously. Amendment to Brown 4. Consideration of amendment to Brown & Caldwell contract to add & Caldwell Contract composting building, silvaculture development and dechlorinationfacility at the plant as required by DOE Mayor Hallett revieWed the information provided by the Public Works Department. Councilman Ostrowski moved to authorize the Mayor to execute Amendment No. 1 to the contract with Brown and Caldwell, in the amount of $280,487.00 to provide engineering services for composting facilities, siivaculture program, and dechlorination facilities necessary to meet added DOE requirements for the Wastewater Treatment Plant. This amendment increases the total estimated contract amount to $2,326,035.00. The motion failed for lack of a second. Councilman Wight expressed concern over the NPDES discharge permit having a new condition to provide dechlorination. He felt that someone arbitrarily decided on this condition long after the design was completed and the contracts awarded. Consequently the City is forced to pay 45 % of the new cost. City Engineer Kenworthy explained to the Council that there are three items which require design. The first is this dechlorination, which will be added to the upcoming NPDES permit. The City is moving forward on this to get the grant which will pay 55 % of this cost. The City was notified in advance that this addition was coming so that it could go under the Current grant with EPA, otherwise the city would still have to do it next year at a higher construction cost. This was added to other plants discharging to the Puget Sound as well. Another item is the composting facility. The City was going to use its own biosolids in the daily cover at the landfill; a new guideline was issued saying this was not a beneficial use of biosolids, so the City had to go to composting or an alternative facility. This issue was brought before the UAC. The third item was silvaculture, which is an alternative to composting. This will cost approximately $65,000 and is needed for the facility plan. Further discussion followed with -11- 2578 CITY COUNCIL MEETING September 21, 1993 LEGISLATION: Council expressing their displeasure in this matter. Councilman Braun moved to (Cont'd) authorize the Mayor to execute Amendment No. 1 to the contract with Brown and Caldwell, in the amount of $280,487.00 to provide engineering services for Amendment to Brown composting facilities, silvaculture program, and dechlorination facilities & Caldwell Contract necessary to meet added DOE requirements for the Wastewater Treatment (Cont'd) Plant. This amendment increases the total estimated contract amount to $2,326,035.00. Counciiman Hulett seconded the motion. After further discussion, a vote was taken on the motion, which carried by a 5 - 2 majority vote. PENCOM Agreements 5. Consideration of Pencom agreements with Fire Districts 4 and 5 Mayor Hallett reviewed the information provided by the Police Department. Councilman Ostrowski moved to approve the service agreements for CCRFP District//4 and CCRFP District //5 and authorize the Mayor to sign them. Councilman Braun seconded the motion. In response to an inquiry from Councilman Braun, Chief Ilk explained that originally the fire districts consented to the concept of Pencom. However, in the absence of signed agreements, both of the fire districts have been paying for the service. The signed agreements will now formalize the relationship. Councilman Wight suggested that, some time in the future, Council should be given a status report on how Pencom is doing financially. Director Godbey replied that this has already been requested by Chief Ilk, and the report will be ready within the next few months. A vote was taken on the motion, which carried unanimously. Municipal Golf 6. Consideration of Municipal Golf Course Course Mayor Hallett reviewed the information provided by the Parks & Recreation Department. Councilman Wight reported that he has received some very positive feedback on the possibility of a municipal golf course. The area under consideration for a golf course contains 110 acres and borders on City owned land. He felt a letter of interest should go to the Port. Mayor Hallett advised the Council that there is a Golf and Leisure conference the end of October in Las Vegas. He felt staff attendance at this conference would be beneficial.. Parks & Recreation Director Brodhun received information on this conference which he shared with the Council. Councilman Braun also received phone calls of support for a golf course. He then inquired what restrictions would exist due to the close proximity of the airport. Director Brodhun replied that there were some safety zone concerns; however, some of the fencing of these zones would be taken care of by the Port. The FAA is almost encouraging this type of use near airports as there is little else that can be done on the property. Councilwoman Sargent moved to authorize staff to proceed to investigate all aspects of the possible development of a golf course in this area, have some one attend the conference in Las Vegas and write a letter of interest to the Port. Councilman Wight seconded the motion. A brief discussion followed. A vote was taken on the motion, which carried unanimously. Request to Schedule Z Request to schedule Real Estate Committee meeting Real Estate Committee Meeting A Real Estate Committee meeting was scheduled for Monday, September 27, 1993, at 3:00 p.m. Designation of 8. Designation of Council member to attetut Campbell Avenue project meeting. Council Member to Attend Campbell Ave. Mayor Hallett reviewed the information provided by the City Manager. Councilman Project Meeting Schueler and Councilwoman Sargent will attend this meeting if their schedules allow. Park Board Minutes 9. Park Board minutes Councilman Wight introduced discussion concerning the Park Board minutes relative to making improvements at the Lincoln Park Campground to help stretch the camping season. He wished to encourage pursuit of these improvements. Councilman Hulett felt a whole plan for campgrounds at Lincoln Park was necessary. ADJOURNMENT: The meeting was adjourned at 11:26 p.m. -12-