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
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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
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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
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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
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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
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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