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HomeMy WebLinkAboutMinutes 09/21/1999 4O54 CITY COUNCIL MEETING Port Angeles, Washington September 21, 1999 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING: 5:00 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: Councilman Campbell. Staff Present: Manager Quinn, Attomey Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, G. Cutler, S. Ilk, T. Smith, G. Kenworthy, and B. Coons. County Commissioners C. Boardman, M. Ireland, and M. Doherty. Present: County Staff Present: J. Rumpeltes, A. Meyer, and B. Martin. Public Present: R. & D. Burwell, D. Sieg, N. Weekes, G. Reed, M. Margolis, B. Camahan, K. Sweeney, B. Ludwig, C. Shillington, P. McCullough, M. McGoff, V. Pickard, K. Jones, and S. Jones. Victoria Gateway Manager Quinn welcomed all those present and announced a special presentation by members of the staff of Victoria, BC, on the plans for a renovated Victoria Gateway. Dennis Carlsen, Planning Officer for the City of Victoria, indicated that Victoria is .looking forward to its partnership with Port Angeles on the Gateway projects. He introduced consultant Gwyn Symmonds who reviewed renovation plans currently underway to update the Victoria harbor area, particularly the area of the Coho terminal. Mr. Symmonds showed plans, drawings, and overhead models that set the stage for a project involving over 50,000 new square feet at an estimated cost of $16 Million. It is hoped the project will commence in 2001. A question and answer period followed. Meeting with Clallam Manager Quinn opened discussion with the Clallam County Commissioners at 5:30 p.m. County Commissioners The first topic to be addressed was the matter of the Urban Growth Area. Andy Meyer, County Planning Director, distributed and reviewed an overview of the background of Growth Management and the amendment process. Also included was a summary of Urban Growth Area Designation Policies excerpted from the County-wide Planning Policies. Amendments to the Comprehensive Plan can be addressed once a year, and to Mr. Meyer's knowledge, there had been no proposals brought forward to the County to have any of the Urban Growth Areas changed. Discussion centered around the City's eastern growth boundary and the fact that the boundary had been moved to Morse Creek at the City's request. City Planning D/rector Collins indicated that development of an urban nature has been occurring outside the Urban Growth Area and is of major concern. Secondly, he felt the listing of salmon on - 1 - 4O55 CITY COUNCIL MEETING September 21, 1999 Meeting with Clallam County Commissioners (Cont'd) CALL TO ORDER - REGULAR MEETING: RESUMPTION OF SPECIAL MEETING: the Endangered Species Act could be a factor in habitat protection in Morse Creek. Thirdly, the loss of a tax base to support infrastructure in the UGA for serving that particular area is another reason for the City's desire to move the UGA eastward to Deer Park. Manager Quinn advised the Commissioners that the City intends to move forward as quickly as possible to apply for an extension of the Urban Growth Area boundary to Deer Park. The City is of the opinion that efforts must be taken to assure that urban development is kept urban. Emphasizing that an extension of the area cannot be considered the same as annexation, Manager Quinn felt planning efforts must be undertaken to provide infrastructure and services for the citizens. If they feel government is doing a good job for them, then they may choose to proceed with annexation efforts. Commissioner Boardman pointed out that the City has a policy to not provide services outside the City limits, and Manager Quinn acknowledged this is a policy that may need to be revisited by the Council. Discussion then centered around the possibility of building infrastructure in the eastern UGA through a City/County cOoperative parmership. The Commissioners indicated a receptiveness to giving consideration to such a partnership, with the possibility of revenue sharing. Discussion and debate followed on the merits of the issues being brought forward by the City with regard to an extension of the UGA. City Attorney .Knutson indicated that, at the time the UGA boundary was established, the City felt it didn't make sense to extend sewer up the side of the ravine. But things have changed since then, particularly with the additional urban growth in that area. Councilman Williams also pointed out that more septic systems have failed since that time. Discussion ensued with regard to revenue sharing, as well as the need for the City and County to partner on improving the entrance to the Port Angeles area. The County is pursuing grant funds, and an invitation was extended to the City to participate. After further discussion, Manager Quinn indicated the City would get all the necessary information together in order to proceed with the request to change the boundary, and County Administrator Rumpeltes will work towards preparing a timeline of what the City can expect from the County. Commissioner Ireland expressed her willingness to consider the request, but she cautioned the group she was not willing to set aside priorities such as the Carlsborg area and the critical areas ordinance. Mayor Braun recessed the Special Meeting to call the Regular Meeting to order at 6:10 p.m. Mayor Braun resumed the Special Meeting at 6:10 p.m. until 6:30 p.m. In continuing discussioris with the Clallam County Commissioners, Councilman Hulett expressed hope that the County would institute City standards in the Urban Growth Area. Manager Quinn indicated that interlocal agreements or pre-annexation agreements can be entered into as a means of addressing matters of this nature. Attention was then directed to the proposed Elwha Dams land trade, and Councilman Wiggins indicated the City of Forks, the Port of Port Angeles, and Clallam County have agreed to the concept of the land trade with the Federal Government i.n order to not remove land from the current tax base. Legislation addressing the trade would need to be introduced before any further action is taken on the dams. After brief discussion, Councilman Wiggins agreed to follow up with Congressman Dicks. Commissioner Doherty addressed the matter of septage and composting, introducing some information from the FKC Company, who has instituted a process for de-watering septage. Commissioner Doherty felt the City may wish to obtain further information -2- Meeting with Clallam County Commissioners (Cont'd) CITY COUNCIL MEETING September 21, 1999 and possibly pursue the FKC process as an economic development possibility for the community. Further, he felt there was a potential for a facility to serve as a regional solution to a problem. County Administrator Rumpeltes then addressed the matter of a Millenium Celebration. The County has budgeted funds for a celebration but, as yet, it is unknown what type of celebration could be planned. He expressed interest in a cooperative effort with the City. Commissioner Doherty indicated there would be a proposal from the Historical Society, and he suggested doing some planning with the schools for a celebration event. Manager Quinn agreed this is a unique opportunity to celebrate the new Millenium, and he supported a parmership for public relations in the community. 4056 ADJOURN SPECIAL MEETING: RESUME REGULAR MEETING: PLEDGE OF ALLEGIANCE: WORK SESSION: Stormwater Management Workshop with DOE The Special Meeting was adjourned at 6:35 p.m. Mayor Braun resumed the regular meeting at 6:50 p.m. The Pledge of Allegiance to the Flag was led by Mayor Braun. Mayor Braun announced that the Turner Annexation was not on the agenda due to an error in the notification process. Mayor Braun stated the purpose of the Work Session was to discuss the Stormwater Manual to meet Department of Ecology (DOE) and Puget Sound Water Quality Authority (PSWQA) requirements. He deferred to Director Cutler who reviewed the history of this issue. Director Cutler indicated that representatives from DOE and PSWQA were present to discuss the program and the implications of not accepting stormwater plans, and where the State is heading in the future. He introduced Harriet Beale, Local Liaison to PSWQA action team and Gary R. Krueger, Stormwater Program Specialist, who were present to provide the necessary information. Director Cutler reminded the Council that this subject had been discussed in August, 1995. Harriet Beale thanked the Council for the opportunity to address this issue and described the PSWQA action team and its purptse. Ms. Beale described the problem of stormwater and why it is of concern. Unmanaged stormwater can lead to flooding and, thus, the expenditure of public funds for repair. Construction projects cause compaction of soil and an increase in impervious surfaces, which alters runoff patterns. Growth is inevitable, but it brings additional costs and responsibilities. An effective stormwater program is one of those costs. Ms. Beale described the damage caused by -higher peak flows, including contamination of streams and bays which is harmful to aquatic life. Ms. Beale explained that the National Marine Fisheries Service has listed stormwater programs as one of the key programs it will evaluate in assessing a community's compliance with ESA protection standards for salmon. This can affect the City's ability to proceed with development projects, as well as its liability for law suits under the Endangered Species Act. Ms. Beale then described possible solutions to the problems summarized, to include prevention. Future stormwater problems can be alleviated via the five elements of a basic stormwater program outlined in the Puget Sound Water Quality Management Plan. Ms. Beale stated this program is not mandatory under State law, but can affect the receipt of grants in some instances. Ms. Beale then reviewed the five elements of a stormwater program. Ms. Beale stressed the importance of local governments within shared watersheds working together on these programs; she offered the assistance of the -3- 4057 CITY COUNCIL MEETING September 21, 1999 Stormwater Management Workshop with DOE (Cont'd) CEREMONIAL MATTERS/ PROCLAMATIONS: Candlelight Parade PUBLIC HEARINGS - QUASI-JUDICIAL: Rezone Request - Port of Port Angeles Ordinance No. 3025 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDA: Action Team in development of a stormwater plan. She then introduced Gary Krueger. Gary Kmeger, Department of Ecology Water Quality Program, stated that when applying for grants, a jurisdiction that was achieving stormwater management will be given preference over those jurisdictions who have done nothing. Mr. Krueger listed various incentives for adopting a stormwater management plan, such as a reduction in flood insurance premiums. Another incentive is the possibility of stormwater management being made mandatory statewide as part of the salmon recovery. Mr. Krueger stated that effective October 29, 1999, EPA is scheduled to adopt Phase 2 stormwater regulations. This will mandate stormwater management for Port Angeles. Mr. Kmeger felt it was in the City's best interest to get the program up and nmning as soon as possible. Mr. Krueger then responded to questions and provided additional clarification. No action was taken. Build a Better Community Candlelight Parade Mayor Braun read a proclamation against hate crime entitled, "Build a Better Community." Bev Ludwig was present to accept the proclamation and invited all to attend the Candlelight Parade on October 7, 1999, 7:00 p.m., at the Liberty Bell at Veteran's Park. Rezone Request - (REZ 99-01) Port of Port Angeles - West of Tumwater Truck Route Between Marine Drive and Third Streets: Rezone approximately 90,000 square feet of property from Industrial Light to Industrial Heavy Mayor Braun reviewed the information provided by the Planning Department, and Director Collins displayed a map showing the area under discussion. At Councilman Hulett's request, Director Collins described the zoning surrounding the area. Brief discussion ensued, and staff responded to questions and provided additional clarification regarding the rezone. Mayor Braun opened the public hearing at 7:20 p.m. Ken Sweeney, Planning& Environmental Manager for the Port of Port Angeles, 338 W. First Street, spoke in support of the rezone. The Port has a prospective tenant who can only relocate to a Heavy Industrial area. The rezone is important to broaden the opportunity for business development on this property. There was no further public testimony, and Mayor Braun closed the public hearing at 7:24 p.m. and read the Ordinance by tire, entitled ORDINANCE NO. 3025 AN ORDINANCE of the City of Port Angeles rezoning property located in Block 48 of the Townsite of Port Angeles and amending Ordinances 1709 and 2801, as amended. Councilman Hulett moved to adopt the Ordinance as read by title, citing Findings 1 - 11 and Conclusions A - C, as set forth in Exhibit "A' which is attached to and becomes a part of these minutes. Councilman Williams seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. Paula Gustafson, 39 Doyle Road, asked if and when the City was going to fulfill its promise to build an ice rink. Councilmember McKeown stated that there have been discussions of the various options available. The question remains how such a project could be financed. Staff will continue to pursue funding options. Councilmember -4- LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDA: (Cont'd) FINANCE: CONSENT AGENDA: Break CITY COUNCIL COMMITTEE REPORTS: CITY COUNCIL MEETING September 21, 1999 McKeown suggested citizens form a contingency to look into feasibility, financing, and location. Councilman Wiggins suggested Ms. Gustafson discuss the issue with the Parks & Recreation Department. Mayor Braun agreed it was a good idea, and suggested Ms. Gustafson contact Director Brodhun regarding this issue. Manager Quinn offered to meet with Ms. Gustafson to review the matter. Mary Margolis, 1128 E. Third Street, referred to a letter she had previously sent to the Council and complained of the chickens being kept by her neighbors. She was concerned over health issues related to the keeping of chickens. There is no agency assigned to regulate the health and welfare of farm animals within the City limits. Ms. Margolis further complained of the smell and mess in the dumpster from the chicken feces, as well as the flies they attract. Ms. Margolis felt the current Ordinance regarding farm animals in the City was terribly outdated. Her neighbors are now considering the purchase of a goat, which is also legal under the current law. Ms. Margolis had drafted some proposed changes to the current ordinance which she read aloud to the Council. She will also meet with the Planning Department to discuss these changes. Ms. Margolis thanked the Council for its time. Discussion followed. Councilman Hulett felt farm animals should not be allowed within the City limits and asked that staff be directed to look into amending the Ordinance. Director Collins explained that the problem is encountered the most in newly annexed areas; however, he was sure staff could develop methods to address this concern. Ms. Margolis further stated that she is upset because she is losing property value due to her neighbor's neglect. Manager Quinn stated that there are several issues involved here, and staff will look into resolution of this problem. None. Councilmember McKeown moved to accept the Consent Agenda, to include: 1) Council minutes of September 7, 1999, regular meeting; and 2) Check list - $1,111,721.21 - September 14, 1999. Councilman Doyle seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. Mayor Braun recessed the meeting for a break at 7:47 p.m. The meeting reconvened at 8:00 p.m. Councilman Wiggins attended meetings for Real Estate, Gateway and Downtown. He also welcomed the Veterans of WWlI. Councilmember McKeown attended Gateway project meetings, along with Councilman Wiggins. She also attended a business enhancement meeting sponsored by the Chamber of Commerce. There will be regular meetings held, and she invited other Council members to attend as she will be unable to attend the future meetings. Councilmember McKeown reviewed the history of human services funding and the process for allocating funds. Councilmember McKeown informed the Council that Mrs. Feiro had been concerned that her husband's name was being removed from the Marine Life Center. Councilmember McKeown stated she assured Mrs. Feiro that everyone connected with the Center is adamant about honoring Mr. Feiro, and steps will be taken to make his name more prominent at the Lab and in advertising. Councilman Williams attended the Peninsula Regional Transportation Planning 4058 -5- 4059 CITY COUNCIL MEETING September 21, 1999 CITY COUNCIL COMMITTEE REPORTS: (Cont'd) Changing Boards & Commissions Selection Process Resolution No. 15-99 1999 PIRA Contract Organization Executive Council meeting. The topic of discussion was the Hood Canal Bridge; there will be public input meetings over the next few months, and Councilman Williams suggested these meeting dates be published in the City Newsletter. Councilman Doyle welcomed the Clallam County Story People and toured the Port Townsend Compost Facility. There will be a tour of the Port Angeles Compost Facility on September 29, 1999, at 11:30 p.m. All Council members are invited to attend. Mayor Braun attended the grand opening of the Art Feiro Marine Life Center and the YMCA multipurpose room; he read proclamations at Laurel Park and St. Andrew's Facility recognizing Assisted Living Week. Ordinances Not Requiring Public Hearings None. Resolutions Not Requiring Public Hearings Resolution Revising Council's Rules and Procedures by Changing Board and Commission Selection Process Mayor Braun reviewed the information provided by the City Clerk. Following brief discussion and clarification by staff, Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 15-99 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising the City Council Rules of Procedure by changing the selection process for filling vacancies on City Boards and Commissions and amending Resolution No. 6-98, as amended. Councilman Wiggins moved to pass the Resolution as read by title. Councilmember McKeown seconded the motion, which carried unanimously. 'Other Considerations Acceptance of Peninsula International Relations Association Contract for 1999 Mayor Braun reviewed the information provided by the City Manager's office and asked Manager Quinn for additional information, which he provided. Manager Quinn stated he had met with Tad Price of PIRA and was impressed with the organization and what it does for the community. Councilmember McKeown agreed this was a worthwhile organization; however, she thought funds had been given to PIRA in 1998 contrary to what the memo states. Dave Bentley, 2399 E. Third Avenue, Founding President of PIRA, stated in 1997 Kathy Northrop had addressed the Council and the City agreed to have money available for PIRA. The money has never been requested, but in-kind services were used. Mr. Bentley said August 13, 2000 is the five-year anniversary of the sister-city agreement with Mutsu City. PIRA hopes to have a five-year ceremony and may approach the City for assistance at that time. Following brief discussion, Councilman Doyle moved to renew the 1999 contract for the period covering July I through December 31 in the amount of $1,000. Councilman Williams seconded the motion, which carried unanimously. -6- Agreement between City and IAFF Centennial Trail Community Development Block Grant Recovery of Costs for Abatement of Structures Clallam County Marine Resources Committee CITY COUNCIL MEETING September 21, 1999 2. Three-Year Agreement Between City of Port Angeles and MFF Mayor Braun reviewed the information provided by Human Resources. Following brief discussion and clarification, Councilman Hulett moved to approve the labor contract between the City and IAFF #656 covering the contract period of January 1, 1999, through December 31, 2001, and authorize the Mayor to sign the agreement making the wage increase retroactive to January 1, 1999. Councilman Wiggins seconded the motion, which carried unanimously. 3. Agreement for Funding Portion of Centennial Trail Mayor Braun reviewed the information provided by the Property Manager. Discussion followed. Councilman Hulett asked for the total dollar value of grants received for this project and what impact 1-695 could have had, if it was in effect when this project was started. Director Brodhun responded the figure was probably about $1 million. Councilman Wiggins asked how much of the .85 miles is located outside the City limits. Director Brodhun responded about one-half; however, the portion which will utilize this grant money lies entirely within the City limits. Following further discussion and clarification by staff, Councilmember McKeown moved to authorize the Mayor to sign the Local Agency Federal Aid Project Prospectus and Local Agency Agreement with WSDOT for ISTEA grant funding in the estimated amount of $248,000. Councilman Doyle seconded the motion, which carried unanimously. 4. Authorize Signatures for CTED Grants Mayor Braun reviewed the information provided by the Property Manager. Discussion ensued, and staff responded to questions and provided clarification. Councilman Wiggins moved to have the Mayor continue as the Authorizing Authority for the City as regards the Community Development Block Grant program, authorize the Mayor and City Manager to sign contracts and contract amendments, and authorize the Director of Public Works and Utilities and the Property Manager to sign requests for reimbursements. Councilman Hulett seconded the motion, which carribxl unatlimously. 5. Set Hearing Date for Recovery of Cost for Abatement of Structures Mayor Braun reviewed the information provided by the Public Works Department. Councilman Williams stated he would abstain from action on this issue due to a conflict of interest. Councilman Doyle moved to conduct a public hearing to be held on October 19, 1999, and direct the City Clerk to proceed with the notification of the owners and other interested parties, as directed in the 1997 Uniform Code for the Abatement of Dangerous Buildings. Councilman Hulett seconded the motion. All Council members voted in support of the motion, with the exception of Councilman Williams, who abstained due to a conflict of interest. Because abstentions are counted as affirmative votes, the motion carried unanimously. Appointment of City Council Representative and Alternate to Clallam Count)' Marine Resources Committee. Mayor Braun reviewed the information provided by the City Manager. Councilman Doyle reminded the Council of the background of this item. 4060 -7- 4061 CITY COUNCIL MEETING September 21, 1999 Clallam County Marine Resources Committee (Cont'd) PUBLIC HEARINGS - OTHER: INFORMATION: ADJOURNMENT: Following brief discussion, Councilman Doyle moved to appoint Councilman Wiggins as the City's representative to the Marine Resources Committee. Councilman Williams seconded the motion, which carried unanimously. Councilman Wiggins moved to appoint Councilman Doyle as the alternate representative to the Marine Resources Committee. Councilmember McKeown seconded the motion, which carried unanimously. None. City Manager's Report Manager Quinn reviewed the Informational Report including the visit by representatives from the City of Victoria, recognition of Finance Director Ziomkowski for the Professional Finance Officer Award, and the Budget Review Session. Manager Quinn reminded the Council that a Committee of three members had been formed in the past. Councilman Doyle moved to appoint Councilmembers MeKeown, Wiggins and Williams to the Budget Committee, with Mayor Braun as alternate. Councilman I-Iulett seconded the motion, which carried unanimously. Manager Quinn directed Council's attention to Page 143 of the packet, Storm Damage Status Update, and City Engineer Kenworthy provided a verbal report and responded to questions. Manager Quinn referred to Page 145 of the packet and informed the Council that staff is proceeding with issuing one year right-of-way use permits, pending completion of the feasibility study. He then noted staff was present to answer any questions on this item or on the bid award for the Autotransformers, the SEIS for Eastern UGA Annexation Contract, and the emergency generator at the fire station. Brief discussion ensued, and staff responded to questions The meeting was adjourned at 9:05 p.m. B~cky-J. Upt~k Cit~lerk- ~-- Gary B/aun, M~yor ~ -8- 40,,6~ Exhibit A FINDINGS AND CONCLUSIONS IN SUPPORT OF REZONE - REZ 99-01- PORT OF PORT ANGELES: Findings: Based on the information provided in the public record including the application file, the staff report, any written comments received during the public comment period, and the Planning Commission's deliberation, the City of Port Angeles City Council makes the following findings and conclusions: The proposed rezone request is to change the subject property's zoning from Industrial Light to Industrial Heavy. Please see the September 8, 1999, Staff Report for REZ 99-01 Attachment B. The proposed area consists of three properties. The northwest property is currently developed with a fuel storage and distribution yard, the northeast property contains a combined warehouse and office building, and the south property is vacant and paved. In the past, the south property has been used as a parking lot for Port activities and most recently as a log truck scaling facility. 4. The Comprehensive Plan designates the area as Industrial. 5. A fuel yard is a conditionally permitted use in the IH zone. 6. A fuel yard is not a permitted use in the IL zone. The applicant has submitted a Conditional Use Permit (CUP) application to extend the existing fuel yard operation to the south property. The existing land uses surrounding the area are all industrial related. The Comprehensive Plan designation is Industrial (I) on all sides of the area. The Zoning designation is IH to the north and west and IL to the south and east. Land Use Element Policies A1 and 2 establish the need for all decisions to be consistent with the Comprehensive Plan's Land Use Map and policies. Industrial Policy H5 states liquified petroleum gas (such as propane) facilities shall not locate outside of the IH zone. 10. The SEPA Responsible Official issued a Determination of Non-Significance for the proposal on September 2, 1999. 11. The posted public comment period for this application ran from August 12 to August 27, 1999. During that time, the Planning Department did not receive any written comments on this proposal. 4063 Conclusions: mo The proposed rezone is compatible with surrounding land uses and Comprehensive Plan and Zoning Ordinance designations. The Comprehensive Plan's Land Use Element Policies A1 and 2, and Industrial Policy H5 directly relate to the proposed rezone. C. The rezone is in the public interest. Adopted by the Port Angeles City Council at its meeting of September 21, 1999. Gary B~un, M~yor ~ B~cky J. ~,, C~y Clerk