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HomeMy WebLinkAboutMinutes 11/17/19922361 CITY COUNCIL MEETING Port Angeles, Washington November 17, 1992 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:37 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, and Councilman Schueler. -- Members Absent: Councilman Wight. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, B. Myers, K. Ridout, T. Smith. Public Present: T. Ailing, G. Cummings, A. VanZanten, L. Wachinski, K. Kiteley, L. Jones, D. Jones, M. Goin, K. Pierce, A. Bentley, L. Wilcox, T. Bradley, D. Haziwan, P. Nathan, M. Nathan, S. Andrew, N. Rockford, L. Harris, S. Lappier, G. Lappier, D. Hendricks, K. Sweeney, L. Ross, R. Gardner, J. Ralston, B. Martin, C. Pitt, H. Ahsoak, J. Reynolds, J. Elsbrze, Jr., R. Conk, lin, A. Murray, C. Souders, B. Nagel, L. Nanno, L. Beil, B. Haselton, J. Schout, L. Sunny, V. Blundeau, P. Berry, J. Burke, B. Turney, P. Turney. SPECIAL MEETING: View demo tape of portion of October 20, 1992 City Council meeting Hank Jemigan, a member of the Cable TV Government and Education Channel Advisory Committee, showed the Council a demonstration tape made of a portion of the October 20, 1992 City Council meeting. The purpose of the tape was to provide the Council the opportunity to consider the possibility of filming future Council meetings for the access channel. Discussion was held in this regard. CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:05 P.M. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilwoman Sargent moved to approve the minutes of the regular meeting of MINUTES: November 3, 1992. Councilman Braun seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: CITY COUNCIL Councilman Ostrowski reported on his attendance at the Senior Center Building COMMITTEE Design Committee. He noted the plans are proceeding nicely. Another facility REPORTS: planning group on which he has been representing the Council is the Clallam Transit System, which is also in the process of building new administration and maintenance buildings. Councilwoman Sargent reported the Economic Development Council will be supporting the CDBG grant application. There is the potential of a trip to Seattle to possibly schedule the Peninsula for a pilot project with the College and the Library for a Small Business Association having a presence here. On Thursday, Chief Glenn and Councilwoman Sargent will be going to the Association of Washington Cities -1~ 2362 CITY COUNCIL MEETING November 17, 1992 CITY COUNCIL Legislative Committee meeting to present the project on fire retardant foam furniture. COMMITTEE The legislation, originally submitted last year by Evan Jones, did not pass the House, REPORTS: due to the extensive lobbying by furniture manufacturers. (Cont'd) Councilman Schueler attended the meeting of the Senior Center Development. The building, when completed, will be a real asset to the community. Councilman Braun attended the UAC meeting. There will be a great deal of legislation forthcoming. He attended the Museum Board, which is moving forward with Lincoln School which will one day be a fine Museum. On Saturday, several members of the Council and Staff went to the Seattle area and visited a number of fire stations in Everett, Redmond, Bellevue, and Olympia. Councilwoman Sargent commented on the fire station tour - either all hands were out on fire calls when they arrived, or were called out on a fire before giving the tour. Councilman Ostrowski welcomed a group of students from the High School and Peninsula College. FINANCE: None. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Correspondence from Washington State Liquor Control Board; (2) Concept Administrators through October 1992 of $642,373.02; (3) Wire transfers for October 1992 of $55,419.40; (4) Payroll for November 8, 1992 of $313,440.73; and (5) Vouchers for November 13, 1992 of $1,151,089.60. Councilman Nicholson seconded the motion. Discussion followed and a vote was taken on the motion which carried unanimously. ITEMS FROM THE Mayor Hallett moved Item B.2 under Legislation to be heard prior to any of the AUDIENCE/COUNCIL/ other Legislation matters due to time constraints. STAFF TO BE CONSIDERED OR Councilwoman Sargent requested to add an item under Other Considerations on PLACED ON A Growth Management, whereby she will propose a three-city meeting. FUTURE AGENDA: LEGISLATION: 2. Authorizing sale of Fire Station bonds Fire Station Bonds - Mayor Hallett reviewed the information provided by the Finance Department. Ordinance No. 2721 Finance Director Godbey addressed the Council, mentioning that in the past year six bond issues have been addressed, and for the first time, competitive bids were sought for this issue. Winifred Whitfield, partner in Sound Finance Group, addressed the Council. Seeking competitive bids is a means of obtaining the lowest interest cost and providing the greatest savings to the taxpayers of the City. The difference between the high and low bidders was $200,000, which represents almost 10 % of the bond issue. Discussion followed concerning future utility bonds, and Ms. Whitfield indicated utility bonds may be more appropriate for negotiation. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2721 AN ORDINANCE of the City of Port Angeles, Washington, providing for the issuance and sale of unlimited tax general obligation bonds of the City in the principal sum of $1,975,000 for the purpose of providing funds to construct and equip additions and improvements to the Fire Station Headquarters; providing the date, form, terms and maturities of said bonds; providing for the disposition of the proceeds of sale of such bonds; providing for the annual levy of taxes to pay the principal of and interest on said bonds; and approving the sale thereof. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. -2- 2363 CITY COUNCIL MEETING November 17, 1992 LEGISLATION: Councilman ostr°wski moved to accept the low bid of Lehman Brothers to purchase the bonds under the terms and conditions of the bond ordinance and Fire Station Bonds - bid. Councilwoman Sargent seconded the motion, which carried unanimously. Ordinance No. 2721 (Cont'd) Public Hearings A. Public Hearings CDBG Application - 1. Community Development Block Grant (CDBG) application Resolution No. 42-92 Mayor Hallett reviewed the information provided by the City Manager and opened the public hearing at 7:31 p.m. Manager Pomeranz invited Jo Davies, grant writer, to address the Council and audience. Jo Davies commented briefly on the scope of the project. The work on this grant -- has involved the use of information gained from the Clallam County Housing Needs Assessment, as well as information and data collected as a result of the planning-only grant. There is new knowledge of the City being ascertained; learning where the problems are and how we may be able to solve them. The first goal of the grant is to assist persons living in problem areas, first of which is approximately Cherry, Front, Washington, Fifth, Vine, and Eighth. The characteristics of these block groups show that possibly more than 50% of the people living in the area are considered to be low-income - basically, 80 % or less than the City's median income. Sixty percent of the housing in this neighborhood is rental; there is a large portion of elderly people; many of the people receive Social Security or public assistance. These circumstances make it difficult to be able to afford the necessary housing repairs to keep the residence above standard. The grant is partially targeted at such neighborhoods to help repair rental housing, in particular. A second part will be City-wide to help owner-occupied residential repairs; and a third aspect will provide emergency repair and assistance for modification of homes for low-income physically handicapped persons. This assistance will create a better quality of life; eliminate some blighting conditions; and pr6vide much needed assistance for people in emergencies. The application is due Friday of this week and the outcome will not be available until approximately md-January. There is $10 million available in this round with approximately 60 applications expected. Cindy Souders, 219 West Park, expressed her support for the grant process. Affordable housing is something the City should be really concerned about. She hoped the City would also look at trying to make sure the matter of energy efficiency is considered in the housing rehabilitation process in order to assure lower energy expenses for those unable to afford higher costs. Councilman Schueler inquired as to the fund allocation process and subsequent activities. Martin Rowe, Community Action Council, indicated the City must apply for the money, and once approved, a request for proposals will be issued for agencies to implement the program. The implementers will do advertising, visit homes, and provide the means by which people can apply for the funding. The CAC has put together a pre-application process as a way of gauging the interest of the community in this type of program. Rental units which might be entitled to some of the funds would have to guarantee continued rental by low-income persons. When the units on which funds have been expended change hands, the money is returned to the program for new loans. There being no further public comment, the public hearing was closed at 7:45 p.m. Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 42-92 -" A RESOLUTION of the City Council of the City of Port Angeles, Washington authorizing submission of a Community Development Block Grant application for repair and rehabilitation of housing for low-income residents. Councilwoman Sargent moved to pass the Resolution as read by title. Councilman Schueler seconded the motion. Following brief discussion, a vote was taken on the motion which carried unanimottsly. -3- [ I Ir 2364 CITY COUNCIL MEETING November 17, 1992 LEGISLATION: 2. Street Vacation Petition - $TV-92(11)06 - Port of Port Angeles/DNR, Laurel (Cont'd) Street north of Railroad Avenue Street Vacation - Mayor Hallett reviewed the information provided by the Planning Department and Ordinance No. 2722 opened the public hearing at 7:50 p.m. Ken Sweeney, Planner for Port of Port Angeles, spoke for the street vacation, which is different from most, as the request is for a vacation of the City's fight to build a street. The Port and Black Ball Ferry would like to make some improvements and expansion to the Ferry Terminal. The City has the right to build the street north of Railroad Avenue. The Black Ball Terminal has been there since the 1950's and would like the vacation to make the necessary improvements and expansion. Jerry Hendricks, Executive Director, Port of Port Angeles, does not anticipate there will be any serious interruption along Railroad Avenue during the construction, which activity will have to go on in such a manner that it will not obstruct any businesses, so it will probably take place during the off-season. There should be no interruptions of traffic flow for any businesses. The only City facility on the site is a storm drain. There may be other permits required in the future, such as shoreline There being no further comments, Mayor Hallett closed the public hearing at 7:56 p.m., and read the Ordinance by title, entitled ORDINANCE NO. 2722 AN ORDINANCE of the City of Port Angeles vacating that portion of Laurel Street north of Railroad Avenue. Councilman Ostrowski moved to adopt the Ordinance as read by title, citing the following conditions, findings, and conclusions: Conditions: (1) The use of the property shall be limited to those uses set forth in RCW 35.79.035(1)(a) or (c); (2) An easement shall be provided to the City to allow maintenance and repair of the storm water outfall; Findings: (1) The request is to vacate the Laurel Street right-of- way north of Railroad Avenue; (2) The State of Washington owns the fee interest of the right-of-way; (3) The right-of-way is located in the Port Angeles Harbor and must meet the requirements of RCW 35.79.035 to be vacated. Specifically, the vacation may be approved if it is for port purposes; (4) Revised Code of Washington Section 35.79.035 places limitations on vacating streets abutting water. Such streets may be vacated if done so for port purposes; (5) The area proposed to be vacated is improved with Port of Port Angeles facilities (dock and building) to serve the Coho Ferry; (6) The property is zoned Central Business District, CBD; (7) There are Comprehensive Plan Policies encouraging the integration of various modes of transportation and coordination of regional and local facilities including Goal No. 2; Circulation policy No. 2; and Circulation Objectives Nos. 2 and 3; (8) The Comprehensive Plan emphasizes waterfront and pedestrian oriented development (Commercial Policy No. 10); Conclusions: (A) Vacation of this portion of the Laurel Street right-of-way is in the public use and interest and would be a public benefit. Further, because the vacation is requested in conjunction with Port of Port Angeles facilities and operation, is consistent with RCW 35.79.035(1)(a); (B) The street vacation is consistent with the Goals, Policies and Objectives of the Comprehensive Plan, specifically those listed in Findings Nos. 6 and 7. Councilwoman Sargent seconded the motion and asked that the letter from the Downtown Association received this evening be entered into the record. Property Manager Ridout indicated the survey has been completed, and a more detailed legal description will be made a part of the referenced easement. The vote was taken and the motion carried unanimously. Mandating Bicycle B. Ordinances not requiring public hearings Helmets 1. Mandating bicycle helmets Mayor Hallett reviewed the information provided by the City Attorney. Councilman Schueler indicated he would prefer to obtain information from the medical community prior to enacting any legislation, as he felt input of this type would be extremely significant. -4- 2365 CITY COUNCIL MEETING November 17, 1992 LEGISLATION: Councilman Nicholson moved to defer this item to a future agenda. Councilman (Cont'd) Braun seconded the motion, which carried unanimously. Mandating Bicycle Helmets (Cont'd) Street Vacation - 2. Street Vacation Petition - STV-92(09)04 - Ralston, portion of West Fifth Ralston - Street and the 5/6 alley: Request for vacation of a portion of West F~h Ordinance No. 2723 Street at~l the 5/6 alley in Block 94, Townsite of Port Angeles. (Continued from October 20, 19920 Mayor Hallett reviewed the information provided by the City Attorney and read the Ordinance by title, entitled ORDINANCE NO. 2723 AN ORDINANCE of the City of Port Angeles vacating portions of Fifth Street and the 5/6 alley in Block 94, Townsite of Port Angeles. Councilman Nicholson moved to adopt the Ordinance as read by title. Councilwoman Sargent seconded the motion. Councilman Braun asked Planning Director Collins to comment on the correlation of the Comprehensive Plan to this requested street vacation. Director Collins responded that the Planning Commission is of the opinion consideration should be given to the possibility of more intensive uses on the west side of town and the need to increase circulation to that area. Therefore, the possibility of a need for another cross-town route is very real, and it is felt the eighteen month option, as set forth in the ordinance, is a reasonable period to wait for the finalization of the Comprehensive Plan. After further limited discussion, a vote was taken on the motion which carried 5 - 1, with Councilman Braun voting "No". Public Nuisance - C. Resolutions requiring public comment Resolution No. 43-92 1. Consideration of Public Nuisance Staff provided Council with a revised Exhibit "A" list of public nuisances. Mayor Hallett reviewed the information provided by the Department of Public Works and read the Resolution by title, entitled RESOLUTION NO. 43-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiting the elimination of such nuisance. Mayor Hallett asked if anyone in the audience cared to comment on the matter. There were no public comments, but several Councilmembers commented on the hedges which are blocking views of oncoming traffic. Councilman Schueler moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried unanimously. - Councilwoman Sargent commented on the northwest corner of Fifth and Francis, which the Department of Public Works will inspect. Councilman Nicholson asked what disposition will be made of the Pleasanton Apartments. Deputy Director of Public Works Ridout indicated it could be put under abatement. Director Pittis said there has been contact with the Building Official by a representative of the property owner. Clallam County D. Resolutiot~ not requiring public hearings Clearinghouse Review Process 1. Termination of City's involvement in Clallam County Clearinghouse Review Process -5- 2366 CITY COUNCIL MEETING November 17, 1992 LEGISLATION: Mayor Hallett reviewed the information provided by the City Attorney and read the (Cont'd) Resolution by title, entitled Clallam County RESOLUTION NO. 44-92 Clearinghouse Review Process (Cont'd) A RESOLUTION of the City Council of the City of Port Angeles terminating the City's involvement in the Clallam County Clearinghouse Review Process. Councilwoman Sargent moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried unanimously. ~ - Pla~ning Commission E. Planning Commission Minutes/Action Items Minutes/Action Items Planning Commission minutes of November 11, 1992 Parking Variance Parking Variance Request - PKV-92(lO)2 - Gardner, 113 DelGuzzi Drive: Request - Gardner Request for a reduction of the required number of parking spaces in association with a restaurant use in the Arterial Commercial District Mayor Hallett reviewed the Planning Commission minutes pertinent to the variance request. Councilwoman Sargent inquired as to whether consideration had been given to the fact certain patrons would be walking from the surrounding motels and would, therefore, not require parking. Planning Director Collins responded the Planning Commission had given that matter consideration; however, it would be difficult to ascertain the number of patrons walking vs. driving. Therefore, the conclusion was reached that parking requirements must be based on the size of the restaurant. Councilman Schueler queried as to whether the motels could assist by providing additional parking, and Director Collins noted that efforts to produce such an arrangement had apparently failed. Councilwoman Sargent moved to set a public hearing on the parking variance request for the December 15, 1992 meeting. Councilman Ostrowski seconded the motion. Councilman Schueler stated his opposition to the motion, as there have been too many instances where the rules were changed with no compelling reason. The vote was taken and the motion failed for lack of a majority vote. Councilman Nicholson was concerned that the probable majority of the clientele would come from already existing and used parking spaces; therefore, the proposed restaurant may not need as many as the Code requires. Mayor Hallett asked Planning Commission Chairwoman Souders whether a possible PBIA had been discussed with the applicant. Chairwoman Souders said it had not been discussed, but there is no reason why there could not be a PBIA in the area. Mayor Hallett asked Mr. Gardner, the applicant, if a PBIA had been discussed with him at all. Mr. Gardner indicated no one had mentioned the possibility of a PBIA. Lengthy discussion followed with Councilman Nicholson examining the possibility that the ordinance requirements may be too stringent and may, therefore, be worthy of reconsideration. Planning Director Collins expressed the opinion that the ordinance is too strict. Accordingly, Councilman Nicholson moved to reconsider the previous motion. Councilwoman Sargent seconded the motion. Councilman Nicholson felt the existing Parking Ordinance does not make sense and the City does not need ordinances which do not make sense. Following further discussion, the vote was taken and the motion carried by a majority vote, with Councilman Schueler voting in opposition. The motion passed was to set a public hearing before the Council on December 15, 1992. Approval of Minutes Councilman Braun moved to accept the minutes of the Planning Commission of November 11, 1992. Councilwoman Sargent seconded the motion, which carried unanimously. 2367 CITY COUNCIL MEETING November 17, 1992 LEGISLATION: F. Other Considerations (Cont'd) 1. Sale of City-owned property (Park and Porter) Sale of City- Owned Property Mayor Hallett reviewed the information provided by the Department of Public Works. Councilman Ostrowski moved to adopt the recommendation of the Department of Public Works and sell the real property at a price of $15,000, payable by $5,000 down and the balance of $10,000 payable at the rate of $207.58, including 9% interest, for a period not to exceed five years. Councilman Braun seconded the motion, which carried unanimously. Hold Harmless 2. Hold Harmless agreement - Northland Cable Television Agreement - Northland Cable Mayor Hallett reviewed the information provided by the Police Department. Television Councilman Schueler moved to authorize the Mayor to sign the Hold Harmless agreement with Northland Cable TV. Councilman Braun seconded the motion, which carried unanimously. Request for 3. Request for Annexation - ANX-92(I I )O1 - LaPie~e, et al - Melody Lane Annexation - Lapierre - Melody Mayor Hallett reviewed the information provided by the Planning Department, and Lane Planning Director Collins explained the process for annexation. Councilman Nicholson moved to grant permission to circulate the annexation petition, with the understanding that the zoning will be RS-9 and the existing indebtedness of the City will be assumed by the annexed area. Councilman Ostrowski seconded the motion. Following additional discussion, the vote was taken and the motion carried unanimously. Latecomer Agreements 4. Latecomer agreements for water and wastewater pumping facilities for Water and Waste- Water Pumping Mayor Hallett reviewed the information provided by the Department of Public Facilities Works. Councilman Braun moved to accept the recommendation of the Department of Public Works and direct that Deparlment to prepare an ordinance dealing with latecomer agreements for water and wastewater pumping facilities on Old Mill Road and 10th and "M" Streets. Councilman Schueler seconded the motion, which carried unanimously. 1993 Budget 5. Schedule for 1993 Budget hearings Review Mayor Hallett reviewed the schedule for budget work sessions and hearings. The dates for the work sessions are Friday and Saturday, November 20th and 21st. Growth Management 6. Growth Management Councilwoman Sargent reported the County is currently giving consideration to the urban growth areas for the three cities (Sequim, Port Angeles, and Forks), all of which have expressed concerns about the methodology and proposed maps being used by the County. She suggested that a joint meeting of the three City Councils be scheduled to discuss the issue. It was agreed to arrange a three-city joint meeting for 6 P.M. on December 1, 1992. Councilwoman Sargent commented on the letter from the Association of Washington Cities asking for support for their Crinfinal Justice Funding. An appropriate letter should be written to our legislators telling how important this funding is. Manager Pomeranz said such a letter is being prepared by Police Chief Ilk. Councilwoman Sargent noted the property adjacent to the new Senior Center facility is currently on the market; she suggested the Real Estate Committee take this into -7- 2368 CITY COUNCIL MEETING November 17, 1992 consideration. ADJOURNMENT: The meeting adjourned at 9:10 p.m. -8-