Loading...
HomeMy WebLinkAboutMinutes 11/01/1994 2883 CITY COUNCIL MEETING Port Angeles, Washington November 1, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 5:13 p.m ROLL CALL: Members Present: .Mayor Sargent, Councilmembers Braun, Doyle, Hulett, McKeown, Ostrowski, and Schueler. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, K. Godbey, S. Ilk, J. Pittis, B. Titus, D. Sawyer, B. Jones, T. McCabe, D. Miller, B. Waldron, K. Ridout, J. Lowell, and R. Grooms. Public Present: E. Tuttle, D. CoraTM, B. Edwards, R. Stone, S. Gilbert, M. & M. Beansoleil, J. McKauly, R. Benoff, E. Rochan, M. Huntzinger, G. HudSon, B. Gifford, T. Money, K. Sweeney, D. Sanders, L. Ross, J. Boyd, J. Bettger, A. Merner, J. Michalczik, H. & P. Abbott, and L. Fuller, II. Growth Management Growth Management: Mayor Sargent reviewed information submitted by the Planning Department pertinent to the Council's options on Growth Management issues as relates to the Urban Growth Area and the proposed Gateway Concept plan. Discussion was held concerning the provision of services to the Deer Park area, and Planning Director Collins indicated the County was planning on sewer services being provided by the P.U.D. with discharge into the City's treatment plant. The question of capacity was raised, and Public Works Director Pittis advised the Council that by the year 2010, it is projected there will be an equivalent population of 26,000, which would maximize capacity. If expansion should occur at a faster rate, then capacity would be reached that much sooner. Consideration was given to various possible scenarios, as well as to the possibility of no-protest annexation agreements. Staff was not encouraged that such agreements would ever be effected, as the City's growth hasn't been fast enough in any one area, and much of the energy for annexation would be lost over a period of time. It was noted that possible annexation scenarios in the UGA have not included in-filling within the current City limits. In addition, Director Collins pointed out that if the City does agree to the Deer Park UGA, there would have to be certain trade-offs with what has been included in the Capital Facilities Plan for the present City limits. After further deliberation, Mayor Sargent summarized her understanding of the City Council's position: that the City still prefers the western boundary of Morse Creek, but the City will not appeal the UGA boundary at Deer Park, provided that the County accepts the fact that City services will be provided only when contiguous annexation occurs. Further, the City could not agree to the use of its sewage treatment plant by the P.U.D. Director Collins .suggested that a provision be added whereby the County would agree that, within the City UGA, the City would be the ultimate service provider. The Council agreed by consensus that this would be its position. It was also agreed that the following would be added to the City's position: The Council would ask that the City have an equal role in the joint County/City sub- area planning process including the requirement that the City, like the County, must adopt the Port Angeles Regional Plan for it to become effected. Further, the City would contribute significantly to the preparation of an Annexation Plan, or a series of logical service area plans, including the Hearings Board's proper analysis of fiscal impacts. Interview Candidate for 2. Interview Charlie Gouge for Cable TV Government & Education Channel Cable TV Government & Advisory Committee Education Channel Advisory Committee The Council interviewed Mr. Charlie Gouge to fill a vacancy for a citizen-at-large position on the Cable TV Government & Education Channel Advisory Committee. -1- 2884 CITY COUNCIL MEETING November 1, 1994 Unfunded Mandates 3. Stan Finkelstein, d~ssociation of Washington Cities, on Unfunded Mandates Mayor Sargent indicated that, because of concern expressed by the Council and area citizens on the matter of unfunded mandates, Mr. Stun Finkelstein had been invited to this meeting to brief the Council on AWC's position and the prospects for the future. Mr. Finkelstein advised the Council that unfunded mandates have been an age-old problem faced by governments. The State government faces similar problems by virtue of the Federal government passing such burdens down. A fiscal or procedural mandate, in effect, takes away the discretionary authority of the subordinate unit of government and conveys the responsibility to budget the jurisdiction's monies or define how services are to be delivered. For a number of years, the number one resolution to be adopted by the Association every year is that relating to mandates and the problems faced by jurisdictions when other governmental units tell them how to do business. Mr. Finkelstein briefly reviewed the history of the issue of mandates and the fact that the legislature had been immune to the impacts it placed on local governments. In the mid 1970's, the issue was raised to the legislature, and it responded with the requirement that fiscal notes be prepared which would provide for the review of impact of mandates. In 1979, there were provisions in Initiative 62 placing fiscal limitations with the intent of prohibiting the State from imposing new burdens on local governments in the form of new programs or expansions of existing programs. Subsequent to the passage of this initiative, there were three major lawsuits filed by the municipalities of Seattle, Yakima, and Tacoma contending that the legislature had imposed an unfunded burden. Mr. Finkelstein reviewed facts pertinent to these lawsuits and noted that, in 1990, the legislature passed the City/County Criminal Justice Act which included a provision that said all new funding that had been provided by the legislature since 1979 or which could have been received by cities/counties since 1979 was deemed to have been reimbursement for any mandate enacted since 1979. This essentially wiped the slate clean and stayed in effect until Initiative 601 was passed, which returned Initiative 62 to its 1979 language. Mr. Finkelstein felt the local governments are in a very delicate and difficult situation with the State legislature with respect to mandates. The State of Washington has not operated under a home rule doctrine, but rather that local governments are creatures of the State. The State has reserved the right to tell local governments how they will operate and how they will provide services. The delicacy referenced is because local governments must continually approach the legislature and seek financial assistance. The legislature perceives local governments as being subordinate to the State; however, Mr. Finkelstein indicated the State has been more mindful in recent years with regard to the impact of mandates and their associated burdens on local governments. In Mr. Finkelstein's opinion, the Federal government has been a more direct culprit of imposing mandates than was intended by the Constitution. The Courts have justified a number of Federal enactments under other provisions of the U.S. Constitution, such as civil rights. Further, the Federal government can hide behind the commerce clause and, as such, can regulation commerce and impose regulations on states. Mr. Finkelstein reviewed in detail various Federal enactments which have directly impacted the states and local governments, such as the Americans with Disabilities Act. The Association of Washington Cities has been working with the National League of Cities, the U.S. Conference of Mayors, the National Association of Counties, and the National Association of Governors to implore Congress to abide by the same rule the State would, hopefully, abide by with respect to unfunded mandates. Mr. Finkelstein reviewed proposed federal legislation which failed to pass this year on the matter of unfunded mandates. Additionally, he summarized how entities receiving federal funds have been required to comply with a certain number of mandates. Mr. Finkelstein indicated the best strategy to be used is to continue 'yelling" at the legislators who have been elected to serve in the legislature, as it seems to validate the fact there is a problem. Litigation can be very expensive and may not necessarily be a productive course of events. He suggested it may be more beneficial to keep bringing the matter to the attention of the legislators so they remain cognizant of the impact of their actions. Ed Tuttle inquired of Mr. Finkelstein as to whether consideration has been given to the AWC filing suit 'against the State on behalf of all cities. Mr. Finkelstein responded the Association had no resources for that type of action, and that a lawsuit in general terms could not be filed - it must be specific. Further, the AWC could not file such an action, as it is an organization and not a City. Mayor Sargent and -2- 2885 CITY COUNCIL MEETING November 1, 1994 Unfunded Mandates the Council members expressed their appreciation to Mr. Finkelstein for sharing this (Cont'd) information. ADJOURN SPECIAL Mayor Sargent adjourned the special meeting at 6:55 p.m. MEETING: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:00 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Boy Scout Troop/11458 sponsored ALLEGIANCE: by the Loyal Order of Moose Lodge 996, K. C. Carmean, Scoutmaster. Those participating were Jim Cates, Travis Wilson, and Matt Konrad. Mayor Sargent requested that Item C. be moved up on the agenda, as the City's Bond Counsel was present for this item and must return to Seattle this evening. This item was placed immediately following Ceremonial Matters. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: October 18, 1994. Councilman Braun seconded the motion. Mayor Sargent requested a correction to Page 8, regarding discussion of the hotel/motel tax increase, to reflect that she had inquired as to the Chamber's feelings if the 2% tax were only enacted in Port Angeles and not the rest of the County. A vote was taken on the motion, which carried unanimously. CEREMONIAL 1. Presentation of Life Saving Medal MATTERS/ PROCLAMATIONS: Mayor Sargent reviewed the information provided by the Police Department regarding Reserve Sergeant Bill Waldron's life saving efforts. The Mayor and Chief Life Saving Medal of Police Ilk presented Sergeant Waldron with the Life Saving Commendation Medal Presentation for his courage and dedication in saving a man from a burning vehicle. Veteran's Day 2. Proclamation Recognizing Veteran's Day, November 11, 1994 Mayor Sargent read a proclamation recognizing November 11, 1994, as Veteran's Day. Water/Wastewater Bonds - C. Resolutions Not Requiring Public Hearings Resolution No. 20-94 1. Adoption of Low Bid for Water/Wastewater Bond Mayor Sargent reviewed the information provided by the Finance Department. Joan Egan, Sound Financial Group, explained that the City had received three bids on the Water/Wastewater Bond. The lowest bid was submitted by a group comprised of Smith Barney, Merrill Lynch, Edward D. Jones, A~ G. Edwards, and Kemper Security. The interest cost on the bid was 6.72%, which is an extremely aggressive interest rate. David Thompson from the firm of Preston, Gates and Ellis, bond counsel to the City, helped conduct the sale of the bonds. Mr. Thompson distributed an amended Bond Resolution to the Council. At Councilman Doyle's request, Ms. Egan explained bond insurance, and at Councilman Braun's request Mr. Thompson explained permitted investments. City Manager Pomeranz provided a brief history of bond proceedings and the changes made by the City. He indicated that soliciting bids and having competitive processes has proven to be very beneficial to the City. · After further discussion, Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 20-94 A RESOLUTION of the City Council of the City of Port Angeles, Washington, accepting a bid for the sale of its Water and Wastewater Utility Revenue and Refunding Bonds, 1994; authorizing the interest rates and other terms of such bonds; and authorizing the provision of municipal bond insurance and a reserve fund surety bond with respect to such bonds, all as provided by Ordinance No. 2843 of the City. Councilman Braun moved to pass the Resolution as read by rifle. Councilman Ostrowski seconded the motion, which carried unanimously. '3 ' 2886 CITY COUNCIL MEETING November 1, 1994 CITY COUNCIL Councilman Braun, as well as the rest of the Council, attended the dedication of the COMMITTEE Port Angeles Senior Services and Community Center, and a meeting with Bill REPORTS: Hamilton regarding the planning process for the Multi-modal Transportation facility. Councilman Doyle had no meetings on which to report; however, he attended the Disaster Preparedness Training in Emmittsburg, Maryland. Councilman Schuelerdid not attend the Senior Center dedication, .as he attended a meeting in Seattle regarding Youth Violence. He also attended the County's Health Advisory Committee meeting. Councilman Ostrowski attended the Peninsula Regional Transportation Planning Organization meeting in Neah Bay. Councilmember McKeown had no committee meetings; however, she did lobby Governor Lowry for waterfront expansion dollars, and also attended the Emergency · Preparedness Training with Councilmen Doyle and Hulett. Councilman Hulett attended a Public Information Committee meeting; a Chamber of Commerce Board meeting, and a meeting of the Visitors Convention Bureau, where the 2 % hotel/motel tax increase was discussed. Mayor Sargent attended the AWC Legislative meeting and the EDC meeting where they discussed several new businesses hoping to locate in Port Angeles. Mayor Sargent had two meetings with Congressman Norm Dicks, and she announced that Norm Davis, head of the State Board for Developmentally Disabled, toured the City to observe the Developmentally Disabled Program in place at City Hall. He was most impressed .with the program. Mayor Sargent attended the Council on Aging, as well as a meeting of the Peninsula Development Association who reviewed the Woodnet Manufacturing Technology Center's proposals and bid awards. She attended a land use seminar sponsored by the AWC, as well as the move and dedication of the Rose House. She also participated in the dedication of the Senior Services and Community Center. FINANCE: I. Consideration of Bids for Curbside Recycling Curbside Recycling Bids Mayor Sargent reviewed the information provided by the Public Works Department. Councilmember McKeown moved to declare the bid from Superior Refuse non- responsive due to the lack of a bid bond. Councilman Braun seconded the motion, which carried unanimously. Mayor Sargent then reviewed the two remaining bids. Superintendent of Solid Waste Jones provided a brief history of the recycling contract with Environmental Waste Systems, Inc.; changes that had been made to it over the life of the contract; and proposals made during contract negotiations for further changes and rate increases. He reviewed the proposal submitted by Waste Management and explained that they had underbid EWS by approximately $80,000 per year. Due to the amount of interest shown in this matter, Mayor Sargent invited a spokesperson from the audience to address this issue. Jerry Comell, 1597 Deer Park Road, former Councilmember, noted that in accepting bids, frequently there are non-financial issues involved which must be set aside because of the heavy emphasis that must legitimately be put on the cost of the item or work being bid. Because EWS was located in the City, it had to modify its building to meet Building and Fire Codes, thereby having to raise rates to meet overhead. By awarding this bid solely on cost, the City is losing its advantage in having its recycling firm located within the City. Robert Beausoleil, General Manager of EWS, 2548 West 19th Street, Airport Industrial Park, advised the Council that EWSI located in the Airport Industrial Park because there were no other available facilities large enough at that time. After a period of time, EWSI was found to be in non-compliance and was told they would be shut down if they did not comply. EWSI purchased the Priest Logging Building, also in the Airport Industrial Park, and built at $300,000 facility specifically for curbside recycling. This effort was encouraged by the City. EWSI purchased a bankrupt Olympic Disposal and paid $250,000 in tipping fees owed to the City by Olympic Disposal. The City probably wouldn't have been paid without EWSI's efforts. EWSI was also instrumental in improving recycling efforts at the transfer stations, thereby benefitting the landfill. If the City should award the bid to another company, EWSI would lose a great deal of money, which would be unfair after demonstrating its commitment to recycling. With the loss of this contract, EWSI -4- 2887 CITY COUNCIL MEETING November 1, 1994 FINANCE: would be forced to close its drop off facility in the Industrial Park. (Cont'd) On behalf of EWSI, Mr. Beausoleil respectfully requested that the .City Council Curbside Recycling Bids carefully consider who would best serve the citizens, particularly in view of the 21 (Cont'd) million pounds of recyclables handled since operations began in Port Angeles. He asked the C~ouncil to consider the record and E,,WSI's commitment to recycling. Mayor Sargent then gave Waste'Management an 8Itpormnity to address the issue. Jamey DeSoer; Division President for Waste Management NW, felt its bid to be solid, and he expressed the company's desire to be a part of the community. If the Council should award the contract to Waste Management, consideration would be given to hiring those individuals already doing, the job at the present time. Waste Management is looking for a facility and would like to locate within the City limits. Norman Brooks, 723 Elizabeth Place, was impressed with the service provided by EWSI. He felt that a discontinuation of the contract would be a detriment to the local economy. He urged the Council to consider that the lowest bid is not always the best, and he expressed his willingness to pay $1.25 more per month for this service to keep EWSI. ,~.~ ~.~'--.'--A! ...... 1.' ....... Due to the bid process, the City has the opportunity to go with a 7 % increase in the original rate, with a guarantee that the same work will be performed. He asked the Council to do what is best for the citizens of Port Angeles. Sandra Patterson, who moved here from Portland, indicated she loves the small town atmosphere of Port Angeles and knowing the service people. This was why she lives here. If she wanted big city service, she would go to the big city. After further discussion, Councilman Doyle moved to accept the Iow bid of Waste Management-Northwest for Alternative 1 in the estimated annual amount of ~O0/~ ' '~w _~'"J"~sr~ $468,921.00 and authorize the Mayor to sign the contract. Councilman D/~ Ostrowski seconded the motion. Discussion followed, and it was the general ~. ~ - - ~ consensus of the Council that EWSI had done an excellent job'~Many members of the Council expressed the difficulty of making this decision. A vote was taken on the motion, which carried by a majority vote, with Councilmen Braun and Schueler voting in opposition. Discussion ensued concerning the upcoming mobilization period and the need for a smooth transition. Councilman DOyle moved to direct staff to negotiate a possible contract extension to the end of December. CouncilmeInber McKeown seconded the motion, which carried by a majority vote, with Councilman Schueler voting in opposition. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Easement reconveyance - 110 San Juan Avenue; (2) Voucher list - October 28, 1994 - $2,379,042.40; and (3) Payroll - October 23, 1994 $346,764.17. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE None. AUDIENCE/COUNCIL/ - 'STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Street Vacation - Heckman 1. STREET VACATION PETITION - HECKMAN STV 94(10)06, Hancock/Fogarty Alley: Petition to vacate a portion of the Hancock/Fogarty alley west of Cherry Street. Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 8:25 p.m. Jim Heckman, 709 S. Ennis Street, has a buyer who wishes to purchase this property, merge it into ~one lot, and place his home in the middle of it, which would mean the home would go across the alley. He feels it is in the best interest of the 2888 CITY COUNCIL MEETING November 1, 1994 LEGISLATION: City to do this. However, the potential buyers are concerned with the condition (Cont'd) which would prevent vacation of the alley in the ravine buffer. Street Vacation - Heckman Jon Shay, 1426 W. 6th Street, the potential purchaser of this property, felt it was in (Cont'd) the City's best interest to vacate all the way to the bluff, if possible, rather than keeping the 50' buffer strip. Discussion followed as to how Mr. Shay could get the land vacated to the bluff, but Director Collins explained that the City does not usually vacate environmentally sensitive area buffer zones. Mary Shay, 1426 W. 6th Street, has met with the Plapning Department and an engineer and received favorable reports that this was a stable area. The Shay's only wish has been to further enhance the area. Mrs. Shay further stated that she understood Planning Director Collins to say this alley had already been vacated, and asked for clarification. Director Collins stated that he understood that the right-of- way has been vacated by statute, and the current vacation would allow the Shay's to build a home on the property. Jim Heckman understood from Director Collins that his tour of the property showed that the property on the east side was stable, and there was not a problem building into the east side. He assumed that the buildable site was larger than thought at the Planning Commission meeting. Mr. Heckman further understood that it was possible to reduce the setback from the west side bluff to 25 feet, which would satisfy his clients. Using the overhead projector, Plapning Director Collins showed the area in question. He then explained that, upon walking the property, he discovered that the location of the original toe of the slope was gradual and would not qualify as an environmentally sensitive area. There is a larger buildable area than originally thought. As long as the top of the ravine is a stable line, a reduction from 50' could be allowed by the administrative process. An engineer is needed to confirm the stability of the area before it can be reduced. Director Collins further explained other changes Which would result in a larger buildable lot. He also explained the old vacation statute. Mrs. Shay returned to the podium, as she had questions regarding the setbacks and the reduction from 50' to 25', which Director Collins answered. There being no further testimony, the public heating was closed at 9:01 p.m. Coundlman Ostrowski moved to approve the vacation as recommended, citing Conditions 1 - 3, Findings 1 - 9, and Conclusions A - B, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councihnember McKeown seconded the motion, which carried unanimously. Surplus City Lot 2. Consideration of Surplusing City Lot (Lot 14, Block 64 in Puget Sound Cooperative Colony's Subdivision of Suburban Lot 23) Mayor Sargent reviewed the information provided by the Real Estate Committee and opened the public hearing at 9:02 p.m. There being no public testimony, Mayor Sargent closed the public hearing at 9:02 p.m. Councilman Ostrowski moved to surplus Lot 14, Block 64, Puget Sound Cooperative Colony's Subdivision and authorize the City's Property Manager and the City Attorney to negotiate with the adjacent property owner (Woolridge) for sale of the lot. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Break Mayor Sargent recessed the meeting for a break at 9:05 p.m. The meeting reconVened at 9:25 p.m. Mayor Sargent moved'Item E.5. up on the agenda. Sponsorship of Revolving E. Other Considerations Loan Fund 5. Consideration of Sponsorship of a Revolving Loan Fund Through the State Department of Community Development (DCD) to Port Angeles Brewing Company. Mayor Sargent reviewed the information provided by the Public Works Department. City Manager Pomeranz introduced Dick Coram, representing the Department of Community Trade and Economic Development, which is a merger of the DCD and DTED. -6- 2889 CITY COUNCIL MEETING November 1, 1994 LEGISLATION: Mr. Coram approached the podium and related that his job is to assist small (Cont'd) businesses to obtain long-term financing where it will create employment, and where funds are necessary from a loan program to create a project. He explained the goals Sponsorship of Revolving of the Fund and how it operates. Loan Fund (Cont'd) Councilman Ostrowski moved to support the application and authorize the Mayor to endorse the appropriate application form. Councilman Braun seconded the motion. Following a brief discussion, a vote was taken on the motion, which carried by a majority, with Councilman Schueler abstaining. B. Ordinances Not Requiring a Public Hearing None Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items I. APPEAL OF DENIAL OF BOUNDARY LINE ADJUSTMENT- BLORE: Boundary Line (Continued from October 18, 1994 meeting) Adjustment - Blore Director Collins explained that the applicant has been working with the City Attorney and Planning staff to resolve an issue which would allow for a boundary line adjustment to be approved by the Planning Director. If this occurs, the appeal will be withdrawn. The applicant is asking for a continuation to the November 15 Council meeting, hoping that this appeal will be withdrawn, in which case the Council will not have to act on this issue. Councilman Braun moved to continue this item to November 15, 1994. Councilmember McKeown seconded the motion, which carried unanimously. Shoreline Substantial 2. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT- PORT OF PORT Development Permit- ANGELES - SMA 94(10)144, Harbor Boomgrounds: Request for a Port of Port Angeles substantial development permit to allow replacement of dolphins and boomsticks and additional piling, located in the M-2, Heavy Industrial District. Mayor Sargent reviewed the information provided by the Planning Department. Councilman Schueler moved to approve the Shoreline Substantial Development Permit, citing Findings I - 6, and Conclusions A - C as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion, which carried unanimously. 3. Planning Commission Minutes of October 12, 1994 Councilman Braun moved to. accept the Planning Commission minutes of October 12, 1994. Councilman Doyle seconded the motion, which carried unanimously. Appointment to Cable TV E. Other Considerations Government & Education Channel Advisory 1. Appointment to Cable TV Government & Education Channel Advisory _ Committee Committee Councilman Schueler moved to appoint Charlie Gouge to the Cable TV Government & Education Channel Advisory Committee. Councilman Doyle seconded the motion, which carried unanimously. Journeyman Lineman 2. Immediate Need to Fill Journeyman Lineman Vacancy Vacancy Mayor Sargent reviewed the information provided by the Light Department. Councilman Braun moved to authorize the City Light Director to proceed with the hiring process to fill a vacancy for a Journeyman Lineman. Councilman Schueler seconded the motion, After a brief discussion, a vote was taken on the motion, which carried unanimously. -7- 2890 CITY COUNCIL MEETING November 1, 1994 LEGISLATION: 3. Request Special City Council meeting on December 27, 1994, for Growth (Cont°d) Management Act Development Regulations. Set Date for Special Planning Director Collins explained that the Growth Management Act requires that Council Meeting regulations consistent with the Growth Management Plan be adopted six months after the adoption of the Plan. The State has notified the City that its deadline is January 1, 1995. It was the general consensus of the Council members that they would prefer to schedule consideration of these regulations at the regular meetings of December 6 or December 20, 1994. Set Meeting with Clallam 4. Set Meeting With Clallam County Commissioners re: Growth Management County Commissioners Re:~Growth Management Mayor Sargent reviewed the information provided by the City Clerk. It was the consensus of the Council that the meeting should be scheduled for November 17, 1994, at 5:00 p.m. Consideration of Lease to 6. Consideration of Lease to Port of Port Angeles for a I0 foot strip along the Port of Port Angeles Railroad Avenue and Floats and Amendment to IAC Agreement Mayor Sargent reviewed the information provided by the Real Estate Committee. Deputy Public Works Director Ridout explained that the Port made this request because they want to take over local control of the tidelands, rather than have the DNR do it. This would also allow the City to have a voice in control of this area. After a brief discussion, Councilman Ostrowski moved to approve the request of the Port of Port Angeles to lease a ten foot strip of land in the Railroad Avenue right-of-way between Lincoln Street and Oak Street. Councilman Doyle seconded the motion, which carried unanimously. It was agreed that the lease agreement will be brought to the City Council at a future date. Consideration of Z Consideration of Agreement with the Port of Port Angeles for Ediz Hook Agreement with the Port Boat Launch Ramp and Floats and Amendment to IAC Agreement of Port Angeles Mayor Sargent reviewed the information provided by the Real Estate Committee. Councilman Ostrowski moved to accept the boat launch and floats from the Port of Port Angeles and authorize the Mayor to sign the acceptance on the Bill of Sale from the Port and the Amendment to iAC Project Agreement. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. On another matter, Councilman Ostrowski praised the new agenda, whereby page numbers were placed after each agenda item to inform the Council where the item was located in the packet. Manager Pomeranz asked the Council to let his Executive Administrative Assistant, Sharon Martin, know that they would like to retain this new format. Break Mayor Sargent recessed the meeting for a break at 9:58 p.m. The meeting reconvened at 10:05 p.m. ADJOURN TO The meeting adjourned to Executive Session at 10:05 p.m. to discuss litigation for EXECUTIVE SESSION: approximately 30 minutes. RETURN TO The meeting returned to open session at 10:23 p.m. REGULAR SESSION: ADJOURNMENT: The meeting was adjourned at 10:23 p.m. Cle--rk v -- ~l~a r -8- 2891 CITY COUNCIL MEETING November 1, 1994 Clerk's Note: The following are additions'to the minutes of the November 1, 1994, City Council meeting, as requested by the Council at its meeting of November 15, 1994: Addition No. 1: Councilman Braun requested that EWSI employees in the audience raise their hands. Several individuals raised their hands in response, and Councilman Braun then inquired as to who would lose theirj ob if the contract were aWarded to Waste Management. All those who previously raised their hand again responded by raising their hand, with the exception of one. Councilman Braun expressed the hope that these individuals would be given first consideration for employment with Waste Management, should the contract be so awarded. Addition No. 2: Joe Michalczik, 520 W. Third Street, noted that in reviewing the negotiation process, the City would have experienced a 40 % increase in rates. Addition No. 3: Councilman Schueler inquired as to whether a decision had to be made on this issue at this meeting. Mayor Sargent noted the present contract expires November 26. However, Councilman Schueler expressed a desire to have negotiations continue in order to make provisions for the cuncmt contractor's building in terms of possible utili~,ation by a new contractor. Further, he was hopeful that an agreement could be reached whereby the new contractor would employ a number of people from EWSI which would, in effect, result in a change in management only. -9- 2892 Exhibit "A" STREET VACATION - Heckman - Hancock/Fogarty Alley - CONDITIONS, FINDINGS & CONCLUSIONS Conditions 1. A conservation easement be recorded for those portions of the site that are within the environmentally sensitive areas and buffers. The easement shall read as follows: "No alterations may occur within the areas identified in the conservation easement and all vegetation shall remain undisturbed unless the express written authorization of the City of Port Angeles, in applying the Environmentally Sensitive Areas Protection Ordinance (Chapter 15.20 PAMC), has been received." 2. A zoning lot covenant designating lots 5-14 and 16-19 as one zoning lot shall be recorded with the County Auditors Office. A copy of the recorded zoning lot covenant shall be provided to the Planning Department. 3. Portions of the alley within 50 feet of the top of the ravine and 50 feet of the toe of the bank (if determined to be an environmentally sensitive area) to the east shall not be vacated. Findings 1. The request is to vacate 5,200 square feet of the Hancock/Fogarty alley, west of Cherry Street. Maintaining the right-of-way within the E.S.A. and buffers, about 3,800 square feet is vacated. 2. The portion of the alley proposed to be vacated abuts lots 6-13 and 16-20, Block 23, Fogarty and Dolan subdivision. The proponent owns the abutting lots. 3. The site in question is located along the Valley Creek Ravine, which is an environmentally sensitive area. It appears portions of the site to the west are geological hazard areas, which are also considered to be environmentally sensitive. 4. Since adoption of the environmentally sensitive areas protection ordinance, the City has not approved any vacations for right-of-way located within an environmentally sensitive area. Proposals that were denied or modified include Hailer - STV 93(11)06; _ Levick/McCoy - STV 93(06)04; Richmond - STV 93(04)02; Ralston/Wilson - STV 92(09)04; and Hall - STV 94(08)04. 5. The applicant intends to combine fourteen lots and vacated alley into one building site and maintain Lot 20 as a separate lot. 6. The property above the top of the ravine is zoned RS-7. Property below the top of the ravine is zoned PBP. 2893 7. The site is identified as Low Density Residential/Open Space on the Comprehensive Plan land use map. There are Comprehensive Plan Policies identified in the staff report which encourage protection of environmentally sensitive areas. 8. There are no utilities or other improvements to the alley. 9. Portions of the site are subject to the requirements of the environmentally sensitive areas protection ordinance (Chapter 15.20 PAMC). Conclusions A. As conditioned, vacation of the alley is in the public use and interest and would be a public benefit, as it would lower density of the development to a level more conducive to protection of an environmentally sensitive area. B. As conditioned, the street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan, specifically those identified in the staff report. Adopted by the Port Angeles City Council at its meeting of November 1, 1994. J{.an_~[. Sargent, MayorD ATTEST: ~3~,.ck~J. uptdn,City ~-lerk 2894 Exhibit "B" SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - PORT OF PORT ANGELES (Harbor Boomgrounds) - FINDINGS & CONCLUSIONS Findings: 1. The request is for approval of a substantial development permit to allow replacement of 36 piling at the Port of Port Angeles log boom grounds and installation of 2 new piling at the bottom of the access ramp to the boom boat moorage float. 2. The applicant has indicated the site has been used as a boom ground since the 1930's. 3. The Shoreline Master Program identifies the site as Urban, and the following regulations have been found to be the most relevant: General Regulations C. 1, 2, 3 & 7; Land Use Element D. 1.a & D.2; and Natural Systems E.7.b; and lJse Activities F.8.a. b & d. 4. The following goals, policies and objectives of the Comprehensive Plan have been identified as being the most relevant to the proposal: Growth Management Element Policies A. 1, A. 1.h, A. 1.j; I.and Use Element Policy A.2; Conservation Element Policy B.2, B.9 through 11, Objective B.2 and Policy D.8; Economic Development Element Goal A and Policy A.4. 5. The site is identified as Heavy Industrial by the Comprehensive Plan and the Zoning Map. 6. The Port of Port Angeles, acting as lead agency, issued a Determination of Non- Significance for the project on August 5, 1994. Conclusions: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically those identified in Finding No. 2. B. The use is consistent with the Heavy Industrial designations of the Zoning Ordinance and Comprehensive Plan. C. The proposal will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of November 1, 1994. Q~OJm K. Sargent, M~r ' A-'~FES-T: ~cky'X]J. 0pt{)h~ City Clerk