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HomeMy WebLinkAboutMinutes 10/05/19994O64 CITY COUNCIL MEETING Port Angeles, Washington October 5, 1999 CALL TO ORDER - REGULAR MEETING: Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:05 p.m. ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MATTERS/ PROCLAMATIONS: Valley Creek Estuary Day WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDA: FINANCE: Carnegie Library Restoration Project Members Present: Mayor Braun, Councilmembers Doyle, Hulett, McKeown, and Williams. Members Absent: COuncilmembers Campbell and Wiggins. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, G. Cutler, S. Ilk, Y. Ziomkowski, G. Kenworthy, D. Madison, D. McKeen, and K. Ridout. Public Present: F. Taggart, G. Gleason, P. Lamoureux, L. deBord, D. Ruddick, L. Lee, R. & C. Amundson, D. Dumdie, M. VanGemort, M. Jarnagin, I. Montes, K. Peterson, and K. Pruse. The Pledge of Allegiance to.the Flag was led by Paul Lamoureux. October 9 - Valley Creek Estuary Day Mayor Braun read a proclamation recognizing October 9, 1999, as Valley Creek Estuary Day. Mayor Braun presented the proclamation to Linda deBord, who invited the Council to participate in the planned festivities on that date. None. Paul Lamoureux, 602 E. Whidby, thanked the Water Division crew that responded to the recent watermain break on Whidby Avenue. He noted this is the second break. The first time, the residents were made aware of the City's movements in making repairs. This did not happen during the recent repairs. Mr. LamoureUx stressed the importance of keeping the residents informed during emergency situations. He felt a policy should be established regarding this issue. Also, Mr. Lamoureux felt the City should look into replacing this line to prevent another watermain break. Approval of Change Order for the Carnegie Library Restoration Project Mayor Braun reviewed the information provided by the Public Works Department. Brief discussion followed and Director Cutler responded to questions and provided clarification. Councilman Doyle moved to approve Change Order No. 4 to the contract for the demolition of the 1962 addition to the Carnegie Library and authorize payment in the amount of $16,908.40. Councilmember McKeown seconded the motion, which carried unanimously. -1- '4065 CITY COUNCIL MEETING October 5, 1999 CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: Human Services Abatement of Downtown Building ULID Final Assessment Councilman Williams moved to accept the Consent Agenda, to include: 1) Council minutes of September 21, 1999, regular meeting, and 2) Finance - Approve travel to Credit and Collection Workshop. Councilman Doyle seconded the motion, which carried unanimously. 1. Human Services Report Councilmember McKeown informed the Council that she had attended a United Way Workshop on the Community Report Card. She stated the high school drop out rate in Clallam County has improved dramatically, but is still greater than the State average. In Clallam County, six out of ten births are paid by Medicaid, and adolescent pregnancy in the County is less than the State average. Councilmember McKeown also reported that, in a four-year span, 16 deaths by suicide were reported, and 33 hospitalizations from non-fatal suicide attempts were recorded in the 16 - 22 age group. Councilmember McKeown informed the Council that Peninsula Mental Health Center has a three-week waiting period with an average of 13 people on the waiting list. Councilmember McKeown noted that United Way is addressing the needs of the Community and has been successful in many areas. This year, the allocation committee will be focusing on the needs of children from low income families. 2. Abatement of Downtown Building Councilmember McKeown reviewed the information provided by the City Manager's office. She briefly reviewed the abatement process and reminded the Council that a lien can be placed against the property to recoup demolition costs. Councilmember McKeown moved to initiate the nuisance abatement process against the Harbortown Tavern property owners. Councilman Hulett seconded the motion. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. 3. Other Repor(s Councilmember McKeown also attended a Gateway Committee meeting and the stated the Downtown Forward Executive Committee has been busy with several issues and recommendations will be brought back to Council in the near future. Councilmembers Williams and Hulett attended a Port Angeles Works! meeting where a member of the Science, Technology and Manufacturing Association presented a vision for the downtown waterfront. Councilman Doyle toured the City's compost facility to compare it with the City of Port Townsend's. The Council will be making decisions regarding the compost facility in the near future. Mayor Braun attended the City Employee Luncheon, the Clallam County Transit budget retreat, and a meeting with the President of Daishowa to discuss dam issues. Mayor Braun presented the Billy Mitchell award to Cadet Second Lt. Colin Pavlak, and he attended a reception at the Red Lion. Ordinances Not Requiring Public Hearings ULID Final Assessment Mayor Braun reviewed the information provided by the Public Works Department. Councilman Doyle asked if the residents were involved in the final decision-making process. Gary Kenworthy, City Engineer, responded they had been contacted. Attorney -2- ULID Final Assessment (Cont'd) CITY COUNCIL MEETING October 5, 1999 Knutson reminded the Council that, if staff recommends an increase in any of the assessments, the public hearing would have to be reopened. This did not happen; therefore, the public hearing remains closed, and there is no legal opportunity for additional input at this time. Mr. Kenworthy noted a correction to the ordinance was necessary. On Page 28 of the packet, the date should be changed from October 5, 1999, to June 15, 1999. Discussion ensued, and staffresponded to questions and provided additional clarification. Attorney Knutson noted an error in Finding ~4 located on Page 33 of the packet. The final assessment amount should read $7,10 I, not $7,201. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, approving and conforming the final assessment roll for Utility Local Improvement District No. 215, which has been created and established for the purpose of fmancing sanitary sewer improvements within the Upper Golf Course Road area of the City, as described in Ordinance No. 2939, as amended, and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. Attorney Knutson recommended the Council follow the staff recommendation for three separate motions on this issue. Councilman Doyle moved to approve the recommended adjustments to the final assessment roll and approve the roll as presented. The motion failed for lack of a second. Councilman Doyle moved to return this' issue to staff for further review and adjustments. Councilmember McKeown seconded the motion. Discussion followed. Councilman Hulett asked the Council how staff should look at reducing the assessment. He recognized that some of the assessments were quite large, but didn't see how they could be reduced. Mayor Braun agreed this was a good question, but felt staff should study the issue and make a recommendation back to the Council. Manager Quinn felt staffcould make an analysis and bring a report to the next Council meeting. Discussion followed regarding the difficulties entailed, as the final cost came in so much higher than the original estimate. Councilman Hulett noted that if the assessment amount is lowered, the rest of the City residents would be required to pay the difference. He did not feel that was necessarily the right thing to do. Councilman Doyle gave a brief history of this issue and reminded the Council that some of the costs already may never be recovered. He felt the citizens were already paying for a good portion of this ULID and did not feel the assessments could be lowered any further, without putting an additional burden on the rest of the City. Further discussion followed regarding the number of connections per lot, possible late- comer fees, and possible future subdivision of lots. Councilman Williams suggested a deed restriction on lots which may be subdivided in the future to ensure payment of a portion of this ULID. Attorney Knutson noted that this would be picked up by Section 2 of the draft Ordinance. Following further discussion, questions, and clarification by staff, a vote was taken on the motion, which carried unanimously. 4066 -3- 4067 CITY COUNCIL MEETING October 5, 1999 PUBLIC HEARINGS - QUASI-JUDICIAL: Street Vacation - Amundson/Fidler/Bear Ordinance No. 3026 Discharging Fireworks in the City Middle and Elementary School Resource Officer and DARE Officer Agreement Street Vacation Petition - STV 99-02 - Amundson/Fidler/Bear Alley abutting Lots 9 & 10-13, Block 3 Cain's Subdivision o Suburban Lot 36 (Liberty/Georgiana area) Mayor Braun reviewed the information provided by the Planning Department and read the Ordinance by title, entitled ORDINANCE NO. 3026 AN ORDINANCE of the City of Port Angles vacating the alley abutting Lots 9 - 13 in Block 3 of Cain's Subdivision of Suburban Lot 36, Port Angeles, Washington. Mayor Braun opened the public hearing at 7:05 p.m. Ramona Amundson, 1306 Columbia street, petitioner, spoke in favor of the vacation. Ms. Amundson stated this vacation would allow for the addition of a two-car garage to their new home. There was no further public testimony and Mayor Braun closed the public hearing at 7:08 p.m.; he again read the Ordinance by title, after which Councilmember McKeown moved to adopt the Ordinance as read by title, citing Findings 1 - 9 and Conclusions A - E, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. Councilman ltulett seconded the motion, which carried unanimously. Councilman Doyle noted that the City would receive $3,250.46 for this vacated piece of land. Resolutions Not Requiring Public Hearings: None Other Considerations 1. Discharging of Fireworks in the City Mayor Braun reviewed the information provided by the Fire Department. Discussion followed, and staff responded to questions and provided clarification. Councilman Doyle asked if the seven-hour span on December 31 was to allow for individuals to shoot off fireworks and if so, where would the fireworks be purchased. Fire Marshal McKeen explained that if Council approves the request, the sale of fire works would be approved within the City on December 31, 1999. Inquiries have been made regarding the sale of fireworks, which prompted this request for Council's direction on the issue. Fire Marshal McKeen explained that State law allows for the sale of fireworks for New Year's celebrations; however, the time for the sale is limited to six hours. Fire Marshal McKeen further stated that the Fire Department discourages the use of personal fire works due to the fire and safety hazard they represent~ Following further discussion and clarification, Councilmember McKeown moved to approve the high school fire works display on October 22, 1999, and direct staff to return on October 19, 1999, with an ordinance amendment to allow for use of fireworks on New Year's Eve. Councilman Williams seconded the motion, which carried unanimously. Middle and Elementary School Resource Officer and DARE Officer Agreement Between the City of Port Angeles and P. A. School District #12! Mayor Braun reviewed the information provided by the Police Department. Discussion -4- Middle and Elementary School Resource Officer and DARE Officer Agreement (Cont'd) Break Law Enforcement Advisory Board Agreement Between Police Department and Housing Authority School Walking Routes Application for CDBG Grant PUBLIC HEARINGS - OTHER: CITY COUNCIL MEETING October 5, 1999 followed and staffresponded to questions and provided clarification. Councilmember McKeown moved to authorize the Mayor to sign the Middle and Elementary School DARE/SRO Agreement between the City and School District #121. Councilman Hulett seconded the motion, which carried unanimously. Mayor Braun recessed the meeting for a break at 7:20 p.m. The meeting reconvened at 7:35 p.m. 3. Appointments and Reappointments to the Law Enforcement Advisory Board Mayor Braun reviewed the information provided by the Police Department. Councilman Doyle moved to reappoint Leland Lee and Dave Brewer to their positions with terms expiring on June 1, 2003; appoint Chuck List to the unexpired School District #121 term ending June 1, 2000; and appoint Frank Price to the vacant high school student position until June 1, 2002. Councilman Williams seconded the motion, which carried unanimously. Interlocal Agreement Between Housing Authority and City Police Department for Police Services Mayor Braun reviewed the information provided by the Police Department. Chief Ilk provided brief clarification, and Councilmember McKeown moved to authorize the Mayor to sign the Interlocai Agreement between the Housing Authority of Clallam County and the Port Angeles Police Department. Councilman Hulett seconded the motion, which carried unanimously. 5. Adoption of School Walking Routes Mayor Braun reviewed the information provided by the Police Department. At Council's request, Deputy Director Ridout explained that this plan reflects some additions to the existing school walking routes. The new listings have been added by virtue of some of the projects being completed, and priorities have changed accordingly. Following further discussion and clarification regarding priorities, costs, and curb and gutter requirements, Councilman Itulett moved to adopt the 1999 school walking routes and authorize the Director of Public Works and Utilities to seek funding and construct the sidewalks as funds become available. Councilman Williams seconded the motion, which carried unanimously. Mayor Braun noted that Council had received a late memo from the Public Works Department regarding the 5th Street/Tumwater project and asked Director Cutler for additional information. Director Cutler sta, ted construction should be completed on Saturday and, hopefully, the street will be open on Monday or Tuesday. He reminded the Council that Councilman Hulett had inquired into increasing the radius at the 5th Street/Tumwater intersection. Staff had looked into this before beginning the project, and it would have required the purchase of right-of-way in that area. It is posted with a 15 mph speed limit, and problems are not anticipated. 6. Consideration of Application for CDBG General Purposes Grant Mayor Braun reviewed the information provided by the Public Works Department. Don Madison, Property Manager, explained the reason for the public hearing. Councilmember McKeown moved to set a public hearing for October 19, 1999. Councilman Williams seconded the motion, which carried unanimously. None. 4068 -5- 4069 CITY COUNCIL MEETING October 5, 1999 INFORMATION: ADJOURNMENT: City Manager's Report Manager Quinn referenced the comments made by Mr. Lamoureux, noting that the City is people and not process. We must be sensitive to the needs of the public. He stated that staff would follow up on Mr. Lamoureux' complaint and report back. Manager Quinn announced that Phyllis Rasler had been this quarter's winner of the Jim Abernathy Award for Outstanding Public Service and applauded her efforts. Non-Motorized Advisory Committee Report Manager Quirm informed the Council that Mr. Gary Gleason was present to give a brief presentation from the Non-Motorized Advisory Committee. Gary Gleason, 2211 East Seventh Avenue, Non-Motorized Advisory Committee, introduced Linda Nutter, who is also on the Committee. Mr. Gleason then reviewed the information contained in the packet, starting on Page 83. Mr. Gleason summarized the five packages grouped for bicycle and pedestrian improvements. These were Package 1: striping, signage and bicycle racks; Page 2: high need items, such as sidewalks or paved pathways; Package 3: second level bike improvements; Package 4: second level pedestrian pathways; and Package 5: the joint City and State items. Discussion ensued, and Mr. Gleason responded to questions posed by the Council. He offered clarification of several issues and needs relating to pedestrian and bicycle paths. Mr. Gleason concluded by listing several other Boards and Committees dedicated to non-motorized transportation. He stated all of them are undertaking projects which make it possible to move people in some fashion other than by automobile. Mr. Gleason noted that the packet contained the full printout of the bicycle user survey, which showed that more people would use bikes if proper bike lanes were available. Mr. Gleason described projects currently under construction, including the Discovery Trail. Mr. Gleason thanked the Council for its time and attention to this matter and stated future reports will be brought back for the Council's information and consideration. The meeting was adjourned at 8:17 p.m. Gary/~raun, ~ayor Becky J. Up~, Cft~Clerk /' ~ ---~' ') -6- 4070 Exhibit "A" CONDITION, FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION - STV 99-02 - AMUND S ON/FIDLER/BEAR: Condition: 1. The City shall retain a 15' unobstructed easement for utility purposes. Findings: The following findings are based on information provided in the September 22, 1999, Staff Report for STV 99-02, including all of its attachments. Consideration was given to the comments and information presented during the September 22, 1999 public heating, and the Planning Commission's discussion and deliberation. Consideration was also given to the comments and information presented during the October 5, 1999, public heating, and the City Council's discussion and deliberation. Consequently, the City Council hereby finds: The applicants, Carl and Ramona Amundson, Gary and Lucas Bear, and Bonnie Fidler, requested the vacation of the north/south alley east of Liberty Street abutting Lots 9, 10, 11, 12, and 13, Block 3 of Cain's Addition. The application is identified as Attachment B to the September 22, 1999 Staff Report for STV 99-02. 2. The Comprehensive Plan Land Use Designation for the site is Low Density Residential. 3. The site is zoned RS-7, Residential Single Family. Section 197-11-800 (2) (h) of the WashingtonAdministrative Code (SEPA rules) state "(2) The following types of construction shall be exempt... (h) The vacation of streets or roads." The ROW is 15' wide and is currently undeveloped with a difference in grade of about 5 feet between Columbia Street and the elevated alley ROW. o The Public Works Department indicates there is an overhead electrical line located in the alley and possibly a lateral sewer line. As a condition of the vacation, the Public Works Department recommends a 15' easement be maintained for utility purposes. 7. The Police and Fire Departments did not state any objections to the proposed vacation. 8. The are no plans to improve this alley for public vehicle access. The Comprehensive Plan Transportation Element Policy B18 states "Police and fire protection should be a key factor in residential subdivision street designs and circulation patterns. 4071 Conclusions: The following conclusions are based on the information provided in the September 22, 1999, Staff Report for STV 99-02, including all of its attachments. Consideration was given to the comments and information presented during the September 22, 1999 public hearing, the Planning Commission's discussion and deliberation Consideration was also given to the comments and information presented during the October 5, 1999, public hearing, and the City Council's discussion and deliberation, and the above listed findings. Consequently, the City Council hereby concludes: Ao As conditioned, the proposed vacation will not reduce emergency service access to the adjacent properties or surrounding area. B. Traffic and development patterns in the area will not be affected by this vacation. Co The project as conditioned is consistent with the City's Comprehensive Plan and Zoning Ordinance. As conditioned, the proposed vacation will be a benefit to the adjacent properties and will not be detrimental to the surrounding area. E. The proposed project is beneficial to the public interest. Adopted by the Port Angeles City Council at its meeting of October 5, 1999. ~eeCl~y J; U~n, ~ty Clerk/