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HomeMy WebLinkAboutMinutes 10/06/1998 3824 CITY COUNCIL MEETING Port Angeles, Washington October 6, 1998 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 5:3 0 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Ibarra, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, and J. Pittis. Public Present: B. Taylor, D. Maguire, R. Gruver, L. Lee, and M. Gentry. PLEDGE OF The Pledge of Allegiance to the Flag was led by Peter Ripley. ALLEGIANCE: CEREMONIAL Proclamation Recognizing October 4 - lO, 1998, as Fire Prevention Week MATTERS/ PROCLAMATIONS: Mayor Braun read a proclamation recognizing October 4 - 10, 1998, as Fire Prevention Week. Chief Becker invited all in attendance to the Fire Department Open House, Recognizing Fire which will be held on Saturday, October 10, 1998, 10:00 a.m. - 3:00 p.m. Prevention Week Recognizing National Proclamation Recognizing October as National Crime Prevention Month Crime Prevention Month Mayor Braun read a proclamation recognizing the month of October as National Crime Prevention Month. Chief Ilk summarized some of the Police Department's successes, such as the FAX Alert program, the Senior Volunteer Program, and the new Teen Scene. WORK SESSION: The meeting adjourned to Executive Session at 5:50 p.m., to discuss potential litigation for approximately one-half hour. The meeting returned to open session at 6:35 p.m. Executive Session LATE ITEMS TO BE None. PLACED ON THIS OR FUTURE AGENDA: FINANCE: None. CONSENT AGENDA: Councilmember McKeown moved to accept the Consent Agenda including: 1) City Council minutes of September 15, 1998; and 2) Planning Commission minutes of -1- 3825 CITY COUNCIL MEETING October 6, 1998 CONSENT AGENDA: August 26, 1998. Councilman I-Iulett seconded the motion. Councilman Doyle (Cont'd) referenced Page 2 of the Council minutes, pertinent to the motion approving the LID 215 pavement restoration. His recollection was that the Council approved a payment of $15,000, which did not include sales tax. He asked that the City Clerk research the taped recording of the meeting to determine the accuracy of the minutes. [Clerk's Note: In checking the records, it was con£n'med that the motion did, in fact, approve a payment of $15,000 plus sales tax, for a total payment to the Woodhaven Lane Homeowner's Association of $16,185.00 for pavement restoration.] Manager Ibarra indicated research is still being conducted on whether or not this payment would be factored into the LID assessment; clarification will be forthcoming. A vote was taken on the motion, which carried unanimously. COMMITTEE Deputy Mayor Doyle reported that he had aftended meetings of the Real Estate REPORTS: Committee and the Utility Advisory Committee. In addition, he participated in the Storytellers Festival opening ceremony for the Storytellers Festival. Peninsula Regional Councilman Williams reported on his attendance at the meeting of the Peninsula Transportation Planning Regional Transportation Planning Organization, at which time the results of an Organization origination and destination study pertinent to the Hood Canal Bridge were distributed. Councilman Williams summarized the method by which the survey was conducted, as well as some of the statistics gathered. He felt it may be appropriate for the City to contact the Department of Transportation to obtain more in-depth statistics for use ~n economic development. Councilman Williams also reviewed the financing structure be utilized for the Bridge. Clallam County Affordable Councilman Williams reported on his attendance at the County's Affordable Housing Housing Task Force Task Force meeting. Efforts are underway to update an affordable housing study conducted in 1991. Councilman Williams advised the Council that he would not be in attendance at the October 20 Council meeting. Lodging Tax Advisory Councilman Wiggins reported the Lodging Tax Advisory Committee had met to discuss Committee the process to be utilized for the 1999 lodging tax allocations. One of the changes to be incorporated is that all applicants will be encouraged to collaborate with the Chamber and the Visitor & Convention Bureau in the area of program and activity marketing. Chamber/Visitor & Councilman Hulett summarized the presentation made by the Chamber and the Visitor Convention Bureau & Convention Bureau, which announced the theme of the tourism marketing campaign Marketing Campaign being financed by the additional 2% lodging tax. WRIA 18 Watershed Councilman Campbell advised the Council of the meeting he attended, along with Coordinating Committee Attorney Knutson and Planning Director Collins, of the WRIA 18 Watershed Coordinating Committee. An intergovernmental agreement has been prepared, setting forth how the entities will deal with the WRIA 18 process. It is likely the agreement will be brought before the Council for consideration at its October 20 meeting. Councilman Campbell felt it noteworthy that the agreement establishes that the City's water rights will not be placed in jeopardy. Councilman Campbell advised the Council that the Utility Advisory Committee will be considering the merits of a regional water supply and distribution system; he encouraged Council's attendance at the October 12 meeting. Marine Lab Councilmember McKeown reported on attendance at a meeting pertinent to the Marine Lab. Colors, a name, and a logo have been selected; a budget for this effort will be presented to the Council in the near future.. -2- 3826 CITY COUNCIL lV~.EIING October 6, 1998 COMMITTEE Councilmember McKeown reported that she was unable to attend a meeting held today REPORTS: (Cont'd) on gambling tax issues with City staff and local tavern owners. Gambling Taxes Visit from Mayor of Mutsu Mayor Braun advised the Council that he greeted the Mayor of Mutsu City on City September 21, assisted with a tour of City Hall, and participated in a community dinner that evening. Olympic Peninsula Travel The Mayor reported on his attendance at a meeting of the Olympic Peninsula Travel Association Association, at which time discussions were held on the matter of advertising and the need to increase funding in order to capture more of the tourism market. Mayor Braun cited significant funding differences between Canada and Washington State. Jr. ROTC Program Mayor Braun attended an annual review of the High School Jr. ROTC program. He presented a proclamation from the City. Meeting with Legislators Mayor Braun, Manager Ibarra and other Councilmembers traveled to Bremerton to meet with State legislators on issues of interest to the City. AWC Legislative Mayor Braun attended a meeting of the AWC Legislative Committee; he was appointed Committee to the membership of the Municipal Finance and Transportation Committee. The group will be meeting again in November. AM/PM Club Mayor Braun joined the members of the AM/PM Club at Lake Crescent to discuss issues pertinent to tourism. PUBLIC HEARINGS - Rezone Proposal - REZ 98-05 - YMCA, 718 East 3rd Street: Request to rezone 7,000 QUASI-JUDICIAL square feet of property from RS-7, Residential Single Family, to PBP, Public Buildings and Parks Rezone Proposal - YMCA Ordinance No. 3001 Mayor Braun reviewed the memorandum submitted by the Planning Department, and Planning Director Collins summarized the contents of the packet relative to the rezone request. Mayor Braun opened the public hearing at 7:02 p.m. Brooke Taylor, 853 Strait View Drive, President of the YMCA, addressed the Council on the matter of the rezone. He noted this particular request is a continuation of a previous request before the Council, which would allow expansion of the YMCA and, therefore, its programs. Mr. Taylor noted that, without this rezone, expansion could not OCCUr. Referring to a previous public hearing conducted on a YMCA rezone request, Mr. Taylor recalled that a question had been raised as to how the YMCA could be considered a public entity. Although he was unaware of any opposition to the rezone, he felt it appropriate to address the means by which the YMCA could be considered a public entity. The YMCA is a non-profit organization, essentially publicly-owned, as the organization is held in the name of the Clallam County YMCA. There are no shareholders. Further, the YMCA relies heavily on pubhc support for its budget; there is no tax levy. All programs are open to the public, and the YMCA makes certain no one is denied access to any program. Lastly, the YMCA has many funding parmers in the form of the City and the School District. Mr. Taylor, therefore, considered the YMCA to be as close to a public organization as can be. He offered the possibility that a definition might be added to the Zoning Code that would include the criteria he outlined in establishing a quasi-public entity. Mr. Taylor summarized the property acquisition to be used for the expansion project, noting that the acquisition would not proceed if the rezone were not approved. He -3- 3827 CITY COUNCIL MEETING October 6, 1998 PUBLIC HEARINGS- urged the Council's support by approving the rezone request. Brief discussion QUASI-JUDICIAL followed, and Mr. Taylor responded to questions posed by the Council. (Cont'd) Dan Maguire, 313 Hancock Avenue, Executive Director of the YMCA, advised the Rezone Proposal - YMCA Council that the current facility was built in 1988. He reviewed the growth of the Y's Ordinance No. 3001 budget over the years, and indicated that program expansion cannot occur absent facility (Cont'd) expansion. Expansion would provide an opportunity to add other programs in the future. Mr. Maguire reviewed for the Council the typeS of programs that would be offered in the multi-purpose room, which is the subject of this proposed expansion. There being no further public testimony, Mayor Braun closed the public hearing at 7:30 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3001 AN ORDINANCE of the City of Port Angeles rezoning properly located in Lewis and Mastick's Subdivision of Suburban Lot 22, Townsite of Port Angeles, from RS-7, Residential Single Family, to PBP, Public Buildings and Parks, and amending Ordinance 2801, as amended. Councilmember McKeown moved to adopt the Ordinance as read by title, citing Findings 1 - 11 and Conclusions A - D, as set forth in Exhibit "A', which is attached to and becomes a part of these minutes. Councilman I-Iulett seconded the motion. After limited discussion, a vote was taken on the motiOn, which carried unanimously. PUBLIC HEARINGS - Hermann Street Vacation - STV98-03 - Vacation of a portion of the 2/3 alley in Block OTHER: 49, Townsite of Port Angeles: ,4 proposal to vacate right-of-way (Continued from August 18, 1998) Hermaun Street Vacation Mayor Braun reviewed the memorandum provided by the Planning Department, and Director Collins indicated the applicant had hire a professional appraiser to consider the value of the property in question. In that the Real Estate Committee needed time to consider the appraisal information, Director Collins indicated it would be appropriate to continue the hearing to October 20, 1998. Mayor Braun reopened the public hearing sat 7:40 p.m. Councilman Doyle moved to continue the public hearing to October 20, 1998. The motion was seconded by Councilman Campbell and carried unanimously. Ordinances Not Requiring Public Hearings Correcting Errors in Ordinance Correcting Errors in Ordinance 2995 regarding Building Code Ordinance No. 2995 Mayor Braun reviewed the information provided by the City Attorney, and Attorney Knutson responded to an inquiry from Councilman Williams that, to his knowledge, no building permit had been issued that would have been impacted by the referenced appendices. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 2995 AN ORDINANCE of the City of Port Angeles, Washington, adopting the 1997 editions of the Uniform Building, Mechanical, Fire, Plumbing and Sign Codes, the -4- 3828 CITY COUNCIL MEETING October 6, 1998 Correcting Errors in Washington State Energy Code, and the Uniform Code Ordinance No. 2995 for the Abatement of Dangerous Buildings and (Cont'd) amending Ordinance 2552 as amended and Chapters ,. ! ,:1~4.03,~a1~. 14.21 of the Port Angeles Municipal Code. Councilman Campbell moved that Ordinance 2995 be rescinded as originally adopted and be readopted with the amendments indicated correctly. The motion was seconded by Councilman Williams and carried unanimOusly. Resolutions Not Requiring Public Hearings: None. Other Considerations Set Date to Consider 1. Set Date (October 20, 1998) for Consideration of Preliminary Subdivision Preliminary Subdivision Proposal - KEPLER - Between 14th and 16th Streets west of "N" Street Mayor Braun summarized the memorandum from the Planning Department, recommending that the Council set the date of October 20, 1998, for a public meeting to consider a preliminary subdivision. Accordingly, Councilman Doyle moved to set the date of October 20, 1998, for a public meeting to consider the preliminary subdivision. The motion was seconded by Councilman Hulett and carried unanimously. Break Mayor Braun recessed the meeting for a break at 7:45 p.m. The meeting reconvened at 8:02 p.m. Peimit for Public 2. Permit for Public Display of Fireworks Display of Fireworks Mayor Braun reviewed the information submitted by the Fire Chief. Councilman' Wiggins moved to approve Entertainment Fireworks, Inc., to conduct a public display of fireworks on the 9th day of October, 1998, at Civic Field for the Port. Angeles Itigh School homecoming game. Councilman Campbell seconded the motion, which carried unanimously. Design Prospectus for 3. Submittal of Design Prospectus for Gateway Project to Transportation Gateway Project Improvement Board (TIB) Mayor Braun reviewed the information provided by Public Works, and Director Pittis advised the Council that this is a step in accessing $1.5 million from the State to be used toward the Gateway Project. Councilmember McKeown moved to certify that the Gateway Project is consistent with the Comprehensive Plan and Authorize the Director of Public Works to sign the TIB Design Prospectus. The motion was seconded by Councilman Wiggins. After limited discussion, a vote was taken on the motion, which carried unanimously. Proposed Letter to 4. Proposed Letter to National Marine Fisheries Service National Marine Fisheries Service Mayor Braun [eViewe. d the memorandum fr~m the City Attorney, and Attorney Knutson advised the Council that there are many complicated issues pertaining to the Endangered Species Act. The letter proposed for the Mayor's signature is requesting assistance from the National Marine Fisheries Service staff for the purpose of determining how the details and provisions of the Endangered Species Act would apply to the City of Port Angeles. Attorney Knutson proceeded to review the contents of the -5- 3829 CITY COUNCIL MEETING October 6, 1998 Proposed Letter to letter, delineating those issues affected by the proposed listing of Puget Sound Chinook National Marine Fisheries as a threatened species. Attorney Knutson responded to an inquiry from Councilman Service (Cont'd) Wiggins by indicating he was not aware of any other cities sending a similar letter to the NMFS. He noted that it is possible that some of the larger cities are already making similar efforts. After further discussion, Councilman Wiggins moved to authorize the Mayor to sign the letter requesting the assistance of the National Marine Fisheries Service to the City in responding to the proposed listing of Puget Sound Chinook salmon as a threatened species. The motion was seconded by Councilman Campbell. Councilman Campbell inquired as to whether the staff of the NMFS had made any indication that they were backing off of their support for removal of the dams. Attorney Knutson responded that such a question had been asked by City staff,' and the NMFS staff member with whom they were meeting expressed the desire to cooperate in determining how to protect the City's water supply through the Endangered Species Act by dam removal. After further discussion, a vote was taken on the motion which carried unanimously. INFORMATION: Manager Ibarra summarized various portions of the City Manager's Report: Because he planned to be on vacation October 15 - 19, he asked that Jack Pittis be placed in charge during his absence. Manager Ibarra reviewed his proposed changes to the budget process, inclusive of the formation of a Budget Ad-Hoc Committee, comprised of three Councilmembcrs. By consensus, the Council agreed that Councilmcmbers McKeown, Doyle, and Wiggins would serve on the Ad-Hoc Committee. The Council requested that it be provided with the same budget documentation as that provided to the Ad-Hoc Committee. In the interest of receiving a better bond rating, the sale of the Water/Wastewater Bonds has been offset to October 20, at which time the Council will take action. Manager Ibarra urged the Council to attend the October 12 meeting of the Utility Advisory Committee; discussion will be held relative to the potential of arranging a regional water service provider. Manager Ibarra reported on discussions held with the Director of the Downtown Association on the matter holiday decorations for the downtown area. He offered his service in seeking donations from businesses to replace the decorations. The City will provide some financial assistance as well. Parks & Recreation Brodhun offered an update to the Council regarding cleaning and painting efforts underway at Civic Field and at the City Pier. Manager Ibarra indicated a "Welcome to Port Angeles" sign will be placed at the end of the pier for full visibility to those arriving on the ferries. Director Pittis provided an in-depth explanation of the report pertinent to project costs for the Downtown Watermain and Sidewalk Project. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. fi~cky J: U~t~i~cler~ ~-- qa. Br~n, Mayor -6- 3830 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF REZONE REQUEST REZ 98-05 - YMCA: Findings: 1. The proposed rezone request is to change the subject property's zoning from RS-7 to Public Buildings and Parks. Please see the September 23, 1998, Staff Report for REZ 98-05 Attachment A. 2. The Comprehensive Plan designates the site as Low Density Residential 3. The subject property is presently zoned RS-7. 4. The subject property is presently developed with a single-family residence. 5. The YMCA property has been utilized by the YMCA since 1952. 6. The subject property is adjacent to the existing YMCA property and building. 7. Civic buildings and recreation facilities are permitted uses in the PBP zone. 8. The purpose of the PBP zone is as follows: "A zoning designation for publicly-owned property, or property not suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". 9. Due to the nature, size and desired distribution of public facilities throughout the City, PBP zoned properties are found in a variety of Comprehensive Plan land use designations, including the Low Density Residential designation. 10. The SEPA Responsible Official issued a Determination of Non-Significance for the proposal on September 16, 1998 (please see September 23, 1998 Staff Report for REZ 98-05 Attachment B). 11. The posted public comment period for this application ran from August 25 to September 12, 1998. During this time, the Planning Department did not receive any written comments on this proposal. Conclusions: A. Comprehensive Plan policies which most directly relate to the proposed rezone include: Land Use Element Policies A1 and 2, C1, and J3, and Utilities and Public Services Element Policies A1 and B3. B. The proposed rezone is consistent with the Comprehensive Plan Land Use Policies A1 and 2, C1, and J3, and Utilities and Public Services Element Policies A1 and B3 as listed in the September 23, 1997 Staff.Report for REZ 98-05. 3831 C. The rezone is in the public use and interest and is compatible with the surrounding zoning and land uses. Adopted by the Port Angeles City Council at its meeting of October 6, 1998. Gary l~r~un, M~yor Becky J; U~4o~, ~ty d-ed[- --