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HomeMy WebLinkAboutMinutes 12/02/2002 4819 CITY COUNCIL MEETING Port Angeles, Washington December 2, 2002 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. StaffPresenr' Manager Quinn, Attorney Knutson, C. Hagar, B. Collins, M. Connelly, G. Kenworthy, D. McKeen, Y. Ziomkowski, N. Wu, K. Ridout, L. Haehnlen, P. Burrett, K. Loghry. Public Present: P. Lamoureux. PLEDGE OF The Pledge of Allegiance to the Flag was led by DeMolay, Skip Hutchison and Joe ALLEGIANCE: Donisi Advisors. Those participating included William Hart, Monty Hutchison, Mitchell Hutchison, Josh Jackson, Jim Bailey, Chris Wheeler, Chad Wheeler, Joe Donisi, and Brian Rider. PUBLIC CEREMONIES, None. PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Councilmember Rogers asked to add a brief report on the meeting betweenthe Port and PLACED ON THIS OR the Economic Development Committee. This was added as Item I. 2. FUTURE AGENDAS: Paul Lamoureux, 602 Whidby Avenue, addressed the Council concerning an increase in lodging tax. He stated that after the last Council meeting, when Councilmember Rogers stated everyone should ask "Why not Port Angeles," he asked himself that question regarding the City's lodging tax. MrLamoureux distributed information he had obtained fromthe Department ofRevenue's web site and informed the Council that several cities charge an extra, but allowable, hotel/motel tax. He asked that Council and staff look into this, as it is possible the City is missing an opporttmity to collect new revenue dedicated to promoting tourism. Brief discussion followed, and CouncilmanCampbell, Chair of the Lodging Tax Advisory Committee, stated he would share Mr. Lamoureux' information with that Committee. He further suggested that Mr. Lamoureux attend the next meeting and give a presentation. Mr. Lamoureux agreed. FINANCE: 1. Replacement of Caterpiller Track Type Tractor D-7 with Waste Handling Arrangement (WHA) for the Port Angeles Landfill Replacement of Caterpiller Track Type Tractor D-7 for Deputy Director of Public Works & Utilities Ridout summarized the information Port Angeles Landfill provided in the packet. He stated that the Cat is vital to the landfill due to its need for compaction in order to keep the landfill operating until 2006. The average life of a -1- 4820 CITY COUNCIL MEETING December 2, 2002 FINANCE: landfill Cat is 10 to 12 years and the current Cat is entering its 13th year of operation. (Cont'd) Deputy Director Ridout explained that an estimate for repairs is $153,000. For the first four years of its landfill life, the Cat cost the City $22,000 to keep in operation and the Replacement of Caterpiller next four years cost approximately $76,000 for repairs. The past four years have cost Track Type Tractor D-7 for $118,200 to date, and if the $153,000 in repairs currently needed are added to that Port Angeles Landfill amount, it will have cost the City $271,000. (Cont'd) Mr. Ridout stated that the D-7 could be purchased locally, and if repairs are needed, a replacement Cat would be provided at no charge. If the Cat is ordered prior to December 24, 2002, it will be at a 2002 price, which is $8,000 less than the 2003 price. Discussion followed, and Mr. Ridout responded to questions and provided clarification. Mayor Wiggins inquired as to whether used equipment had been considered. Mr. Ridout stated used equipment has beenlooked at, but the landfill package would still have to be purchased for about $30,000 and many of the used Cat's are for different applications and not for landfill use. At Councilman Braun's request, Mr. Ridout explained that any repairs necessary to the new, leased machine would be covered by the company. Councilmember Rogers informed the Council that this item was discussed thoroughly for approximately one hour at a Special Utility Advisory Committee meeting. The Committee felt the lease was the best solution to the problem. Following further discussion regarding used equipment verus new leased equipment and the costs involved, Councilman Braun moved to grant the Director of Public Works and Utilities the authority to lease a Caterpillar Track Type Tractor D-TR from N. C. Machinery Company of Port Angeles in an amount not to exceed $5,700 per month. The motion was seconded by Councilman Campbell and carried unanimously. CONSENT AGENDA: Following questions concerning the Check List, Councilman Williams moved to accept the Consent Agenda, to include: 1.) City Council minutes of November 19, 2002, 2.) Check register - November 22, 2002 - $509,553.59; and 3.) Electronic payments - November 22, 2002 - $1,350,347.00. Councilmember Rogers seconded the motion which carried 6 - 0, with Mayor Wiggins abstaining due to absence from part of the November 19 meeting. CITY COUNCIL Councilmember Rogers reminded the Council that she would give her report on the COMMITTEE Community and Economic Development meeting later on in the agenda. She also REPORTS: attended a West Sound Technical and Professional Association meeting, which is in the Kitsap County/Poulsbo/Bremerton area. She mentored them for a Science and Technology Manufacturing Group. Councilmember Rogers stated that Kitsap County is also part of our Regional Economic Development Plan and Commissioner Jan Ingle stood up and commended the work that Clallam County is doing on the Clallam Network Project. It was nice to see Port Angeles highlighted as an example of leading edge in economic development. Mayor Wiggins announced that Deputy Mayor Campbell will be attending the National League of Cities this week. He hoped Councilman Campbell would bring back information on the Homeland Security issue. Councilman Campbell agreed that this was a good subject to research. The cities need to know where they are heading with respect to funding for local planning and deployment of Homeland Security. Mayor Wiggins thought that, as yet, there is no money available for local communities, and he asked Police ChiefRiepe for comment. Chief Riepe stated that he understood money had been appropriated for local jurisdictions and that education is free and available. He said that emergency services are working together to plan and educate; he then deferred to the Fire Chief for comments. Fire ChiefMcKeen stated that the City had received some funding through the County -2- CITY COUNCIL MEETING 4821 December 2, 2002 CITY COUNCIL for planning issues regarding Homeland Security and more specifically, for Terrorism COM3/IITTEE Planning. A report can be provided to the Public Safety Committee regarding this REPORTS: (Cont'd) effort. Some funds have been appropriated through the Federal Government, and about 80% of those funds will go to local jurisdictions. ChiefMcKeen understood that local jurisdiction means the regional level, not the city level. Currently, the plans being worked on include bioterrorism, and Clallam County is one of three counties working on this planning process. Mayor Wiggins asked for a progress report at a future meeting to which ChiefMcKeen agreed. Further discussion followed regarding Homeland Security and associated funding. The Council will be kept updated on progress. ORDINANCES NOT Ordinance Amending Certain BuiMing Inspection and Recreational Pool Fees. REQUIRING PUBLIC HEARINGS: Manager Quirm reviewed the information provided, explained the need for a fee schedule for the various building permits, and summarized the changes to pool fees. AmendingCertainBuilding He then deferred to Lou Haehnlen, Building Official, and Parks and Recreation Inspection and Recreational Director Connelly to answer questions regarding these changes. Pool Fees Ordinance No. 3130 Councilmember Erickson pointed out that discussion had been held regarding raising, adult pool fees by $1.00, however the Ordinance reads only a $.50 increase. Following further discussion, Manager Quinn agreed that the Finance Committee had agreed to raise adult fees from $2.00 to $3.00. He recommended that Section 3.70.040 A. 7.b. 1. be corrected to read $3.00 and Council agreed. Councilmember Rogers asked Mr. Haehnlen how the City's building permit rates compared to Clallam County and the City of Sequim and further asked what comments he had received from the Builders Association regarding this increase. Mr. Haehnlen stated that there have been no fee increases for the past four years, and explained why the City must now establish its own fees rather than using the Uniform Building Code and how he developed the new fee schedule. The Home Builders Association has reviewed this schedule and has stated no objections. Mr. Haehnlen stated that the only fee that really increased is the minimum fee permit, which was originally $23.50, and was based on permit fees from $1 to $500 in evaluation. There is also a minimum inspection fee of $47 per hour, therefore it didn't make sense to have a minimum fee of $23.50. Therefore, all fees are based on $47 per hour, which is the cost of doing business. Mr. Haehnlen also informed the Builders Association that, in coming years, the fee schedule increases will be based on the Consumer Price Index, and they agreed to this. Discussion followed, and Mr. Haehnlen responded to questions and provided clarification. Mr. Haehnlen informed the Cotmcil that he cannot compare the City's fees with any other entity, as he doesn't know what they will use as a fee schedule. Mr. Haehnlen said the County Commissioners had discussed the City's "one stop" permit system with him, and the County is now going to adopt this system. Councilman Headrick again addressed the new pool rates and felt the youth rates should not be raised in order to encourage continued use of the pool by the children. Mayor Wiggins asked what percentage of pool use was youth and Director Connelly informed him that 90% of usage was youth with only 10% adults. Councilmember Rogers stated that this had been discussed in the Finance Committee meetings. She pointed out that some of the capital equipment being broughtto the pool is to benefit the children, such as the inflatable playground. The Committee felt that people would recognize the value of the increase. Councilman Williams asked for a comparison of youth daily admissions and three monthpasses. He suggested if daily passes increase, perhaps three month passes could remain the same. Councilmember Erickson pointed out that increasing these fees will help decrease the amount of subsidy to the pool. -3- 4822 CITY COUNCIL MEETING December 2, 2002 ORDINANCES NOT Mayor Wiggins read the Ordinance by title, entitled REQUIRING PUBLIC HEARINGS: Ordinance No. 3130 (Cont'd) AN ORDINANCE of the City of Port Angeles, Washington, replacing the fee AmendingCertainBuilding schedules adopted pursuant to the Uniform building Code, Uniform Inspection and Recreational Mechanical Code and Uniform Plumbing Code with revised local fee Pool Fees schedules for building permits, mechanical permits and plumbing permits, Ordinance No. 3130 revising Parks and Recreation Department fees, and amending Ordinances (Cont'd) 2552, 2789, and 2932, as amended, and Chapters 3.70 and 14.03 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilmember Erickson asked if that included changing the City resident adult fee from $2.00 to $3.00 and he responded affirmatively. The motion was seconded by Councilman Campbell. Councilman Williams moved to amend the motion to leave section 3.70.040 A. 7. c. (1) and (2) and 3.70.040 A. 7. e. (1) and (2) unchanged. Councilman Headrick seconded the motion, which carried by a majority with Councilmember Erickson voting in opposition. A vote was taken on the main motion, which carried unanimously. RESOLUTIONS: Sole Source Resolution & Contract - Dictaphone Voice Logging Recorder Sole Source - Dictaphone Naomi Wu, Police Department Communications Manager, reviewed the information Voice Logging Recorder provided. Ms. Wu stated that, currently, the communication center is using Dictaphone Resolution No. 16-02 equipment. She has looked at many other systems, however, Dictaphone provides two items other systems do not. One is the ability to change out the new storage media and the second is its tolerance ability. Tolerance ability means the equipment keeps recording even while being repaired or amended. Ms. Wu pointed out an error in the memo. The price is as stated under the recommendation. The price quoted at the end of the memo does not include a maintenance contract and additional software for quality management. Ms. Wu was asked to identify the funding source and she explained that the Lower Elwha Tribe applied for a technological grant and asked the Police Department if it needed any technical equipment. The grant was approved and received by the Tribe in September and will cover the entire purchase price. Councilmember Rogers felt it was commendable of the Tribe to include the City in its grant request and directed staff to send a letter of thanks to the Tribe. Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 16-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating Dictaphone Corporation as the sole source for the acquisition of a replacement voice logging recorder system and declaring an exception to normal bidding requirements. Couneilmember Eriekson moved to pass the Resolution as read by title. Councilman Campbell seconded the motion. Councilmember Rogers asked if the City Attorney had reviewed all the frae print attached to the contract. He responded that a separate motion is necessary for the contract and he would like to address this issue at that time. A vote was taken on the motion, which carried unanimously. Attorney Knutson stated that he had worked with Ms. Wu in preparing the Resolution; however, he had not read the contract until today. There are a few points we would like -4- CITY COUNCIL MEETING 4823 December 2, 2002 RESOLUTIONS: Dictaphone to modify in the contract, and he did not feel it would be a problem. He (Cont'd) asked for Council to move to approve the contract subject to modifications requested by the City Attorney. Sole Source - Dictaphone Voice Logging Recorder Councilman Williams moved to authorize the Mayor to sign the contract in the Resolution No. 16-02 amount of $48,527.38, subject to modifications requested by the City Attorney. (Cont'd) Councilman Braun seconded the motion, which carried unanimously. ChiefRiepe thanked both Ms. Wu and Attomey Knutson for their efforts in this matter. Break Mayor Wiggins recessed the meeting for a break at 6:55 p.m. The meeting reconvened at 7:15 p.m. PUBLIC HEARINGS - 1. 2003 Budget Hearing OTHER: Manager Quinn stated the total budget is $68,287,023. At the last public hearing held 2003 Budget Hearing November 19, 2002, the audience questioned the "kid tax." Manager Quinn informed Ordinance No. 3131 the Council that following a meeting of the Budget Finance Committee, a recommendation was made to not incorporate the athletic field use fee into the budget and money from reserves will be used to cover the $15,000 in revenue this fee would have generated. Councilmember Rogers noted that at the last Chamber of Commerce meeting, an open discussion was held regarding next year's goals and objectives. She brought up the issue of the investment the local volunteers have made in the sports fields, the impact of the sports programs on the community, and the revenue it generates. She asked that this be considered when decisions regarding Lodging Tax funding are made. Councilmember Rogers informed them that there was a presentation by the City and information that had been provided by the citizens that had made an investment in the City. Manager Quinn reminded the Council that 1.5 positions were being eliminated via attrition and reviewed the other changes made to the budget at the previous meeting. The budget has been balanced with the 90% CPI cost of living and it is still balanced for medical insurance premiums pending the outcome of labor negotiations. Manager Quirm offered to answer any questions. Mayor Wiggins reopened the public hearing at 7:17 p.m. There was no one present to address the issue, and Mayor Wiggins closed the public hearing. Mayor Wiggins asked about the Fire Hall roof repairs and whether or not some of the expenses would be recouped via insurance. Attorney Knutson stated it was still unsettled, but progress was being made. It is unknown when and how much of the funds will be recovered. One of the insurance companies has accepted coverage for part of the time period. Staff is still working with WCIA and its attorney who specializes in insurance law to gain full recovery of the funds. At Mayor Wiggins' request, Manager Quinn explained that the roof repairs are included in the capital budget and if any portion is reimbursed by insurance, that money would be returned to the capital facilities budget. Finance Director Ziomkowski stated that at a Budget Committee meeting, reimbursement money was discussed and allocated to other capital projects. Mayor Wiggins asked if the EDC allocation was the same as 2002 budget and Director Ziomkowski replied that it was $5,000 more. Mayor Wiggins and Councilmember Rogers agreed that the EDC had earned this increase with its efforts on behalf of the City and hoped other governments are also encouraging the EDC. -5- 4824 CITY COUNCIL MEETING December 2, 2002 PUBLIC HEARINGS - Manager Quinn explained that even with this budget in place, there are issues that will OTHER: have to be dealt with regarding the operations of other agencies, such as the County. (Cont'd) County jail costs and jail availability and City animal control services may come under review in 2003 if there are problems at the County or other agency level. 2003 Budget Hearing Ordinance No. 3131 Councilmember Rogers stated she hoped, as had been agreed, that the budget would (Cont'd) be revisited all year long in 2003, as the City needed to be hand-in-hand with other agencies so there are no large surprises. The 2004 budget will be another tough battle, as it will be several years before the benefits of the new economic development are seen. Mayor Wiggins read the Ordinance by title, entitled ORDINANCE NO. 3131 AN ORDINANCE of the City of Port Angeles revising the budget for the fiscal year ending December 31, 2002, adopting the budget for the fiscal year ending December 31,2003, providing for a cost of living increase for certain city employees, and amending Ordinance 3106. Couneilmember Eriekson moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion. After brief discussion, the motion carried unanimously. Mischke Street Vacation 2. Mischke Street Vacation - STV 02-03 Ordinance No. 3132 Director Collins stated the primary issue is what is a fair compensation, which the City must charge under State law. The matter has been before theReal Estate Committee twice, and in order to resolve the issue of fair compensation which the City and applicant disagree on, it must be determined how the vacated area makesLot 7 more buildable. Councilman Williams noted that Mr. Mischke appeared to be having a difficult time heating the proceedings and was concerned there might be a problem with him understanding the proceedings. Mr. Mischke was moved closer to the podium to help alleviate this problem. Mayor Wiggins informed Mr. Mischkethat he could stop the proceedings at any time and ask for clarification. Director Collins used the overhead projector to demonstrate the area under discussion and informed the Council that the City has been working with various owners of the property since the 1970's to vacate this right-of-way. The issue has always been reasonable compensation. Director Collins noted that the geotechnical report states that any structure placed on this lot cannot be built on the right-of-way land itself. What is in question between the applicant and the City is, does it have any buildable use. Director Collins then explained why he felt it had a benefit for a buildable area. He pointed out the only area of Lot 7 that may currently be built on and stated that based on setback and lot coverage requirements, the maximum size structure that can be built is 787.5 square feet. With the street vacation, the buildable area expands because a variance can be granted and now maximumlot coverage is 2100 square feet. Director Collins felt that a variance could be granted and explained why. Director Collins stated that part of the confusion over fair compensation was due to a misconception given to the Real Estate Committee that the land was over the bank, on the slope, and down the ravine. Therefore, a $. 15 a square foot price for the property was recommended, as it would be totally unusable land. The error was realized, and other methods were used to determine fair market value. Director Collins described the formula used to determine the land to be worth $1.68 a square foot, or $4,302, -6- CITY COUNCIL MEETING 4825 December 2, 2002 Mischke Street Vacation which is 50% of fair market value. Director Collins pointed out that Mr. Mischke is Ordinance No. 3132 not under any obligation to proceed with the street vacation if he feels the price is too (Cont'd) great. He also stated that Mr. Mischke has a concern that he cannot afford to pay the $4,302 outside a sale of the property, and Director Collins felt it was in the City's interest to work with Mr. Mischke on connecting the street vacation purchase with the sale of Lot 7. He noted that Mr. Mischke had an offer for Lot 7 in the amount of $57,000. Brief discussion followed with Director Collins responding to questions and providing clarification. Mayor Wiggins opened the public hearing at 7:50 p.m. and invited Mr. Mischke to speak to the issue. Neil Mischke, 1634 W. 4~ Street, agreed that the original $.15 per square foot was a ridiculous amount of money, but disagreed with the new appraisal of $1.68. Mr. Mischke distributed copies of maps demonstrating the area under discussion. Directing the Council's attention to page 2 of the handout, Mr. Mischke stated that 20 years ago, the owner of Lot 15 paid $2,000 for vacated land in order to build on it. In other words, they were purchasing a buildable piece of property. The piece of property that Mr. Mischke wants to purchase is unbuildable. The engineer who surveyed this land stated that even the vegetation must remain natural because of the slope of the bluff at that point. Mr. Mischke stated he just needed the square footage to use as a setback so he can build a larger home on the land he already owns. He further informed the Council that the offer he had on the land was rescinded, as it had taken more than four months to get to this stage of the vacation. After responding to questions posed by the Council, Mr. Mischke concluded by saying that he agreed $. 15 a square foot was too low, but felt $4,000 was too high. He hoped to reach a compromise of about $2,000. Discussion ensued. Councilman Headrick felt the land should be priced at 100% of assessed value, not 50%. Councilman Campbell stated that while the vacated land may not be buildable, it would enable the owner to build a substantially larger home than otherwise. Therefore, the land has considerable value in that respect to the building site. Mr. Mischke agreed that without the vacated land, the lot is basically worthless. Mr. Mischke and Director Collins continued to answer questions and provide clarification. There was no further testimony and Mayor Wiggins closed the public hearing at 8:07 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3132 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of unopened City right of way between "K" and 'T' Streets south of 4~h Street. Lengthy discussion followed. Councilman Headrick felt that the City should be charging 100% because that's what others are charged. He could sympathize with Mr. Mischke's plight, but the vacation can be based on the sale of the property. Councilman Headrick stated that if the price was raised to 100% of the value it could be conditioned on not being in excess of 15% of the sale value of the property, which would be about $8,000 based on the $57,000 Mr. Mischke was offered for the land. Councilmember Erickson asked how the square foot value was arrived at, and Director Collins explained that it is by looking at comparable sales in the vicinity and at the property valuation of the County Assessor. Mayor Wiggins then explained the rationale used by the Real Estate Committee in arriving at the price and why the Committee felt charging only 50% of the value was fair. -7- 4826 CITY COUNCIL MEETING December 2, 2002 Mischke Street Vacation Councilman Williams stated that this was once a through street, but part of Highland Ordinance No. 3132 Drive, the connecting street, was lost to the bluff and this street was closed off. He (Cont'd) feels the area left is not stable and the bank will continue to erode. He did not believe this land was worth $1.50 a square foot. Councilman Rogers agreed with Councilman Williams that $1.50 is too high. She also did not feel the geological aspect is stable. She felt that the price should be set reasonable enough to allow Mr. Mischke to sell the land so a house can be built and the City will gain by the property tax revenue. She suggested around $2,000 for a sale price. Mayor Wiggins noted that 20 years ago, a similar vacation sale cost $.80 a square foot. By today's standards, that same price of property would cost at least $1.68 a square foot. Council continued to debate the value of the property and the possibility of a variance. Councilman Campbell moved to adopt the Ordinance as read by title, citing Condition 1, Findings I through 10, and Conclusions A through E, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes, and setting a purchase price of $1.68 a square foot. Councilman Headrick seconded the motion, which carried by a 4 to 3 vote, with Councilmembers Erickson, Rogers, and Williams voting in opposition. Councilman Headrick asked if the vacation purchase can be based on the sale of the land so that Mr. Mischke does not have to pay it now. Attorney Knutson stated that typically with street vacations, the quit claim deed from the City conveying the vacated street to the property owner does not happen until the conditions have been satisfied. In this scenario, the condition of the compensation being paid does not have to be satisfied until the property is sold. Councilmembers Rogers and Williams were concerned as there was no guarantee Mr. Mischke would be granted a variance, therefore making the vacated land useless to him. Director Collins stated the variance could be conditioned on the sale as well. Mayor Wiggins suggested Mr. Mischke meet with Director Collins so that things can be explained more clearly. Director Collins asked that the Alaska Tanker item be delayed until his return, to which Mayor Wiggins agreed. Manager Quinn stated that he felt a variance can be conditioned and approved so it is ready to go whenever Mr. Mischke gets to the point of selling the property. Councilmember Rogers felt all the facts were not all on the table as first Council was told a variance could not be granted in advance, then it was informed it could. She stated when she does not have all the facts, she will vote no. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Manager Quinn stated there was one item to add to the calendar; the employee Christmas Party is Saturday, December 21, at 6:00 p.m. He pointed out there would be adjustments to the calendar as several committee meetings were set this morning. Councilmember Rogers stated there was a Community and Economic Development meeting set for Monday, December 9, at 1:30 p.m. in the Caucus Room. The Parking Ordinance will be discussed. -8- CITY COUNCIL MEETING 4827 December 2, 2002 INFORMATION: Mayor Wiggins pointed out an error. A Gateway Review Team Meeting is listed on (Cont'd) Thursday, January 5, but January 5 is not a Thursday. Manager Quinn noted that the November Project Update is included in the packet and there are many projects now completed. The December report should show the projects completed in 2002 and those deferred to 2003. He suggested a meeting be held in the near future to review the work plans and allow for Council input. Councilmember Rogers referred to page 135 of the packet and asked why there were fewer training hours for Fire career personnel to which Fire ChiefMcKeen responded. Manager Quinn's evaluation is due andCouncilmember Rogers will be meeting with him and the form will be submitted to the Council at its next meeting. OTHER 1. Alaska Tanker Corporation Memorandum of Agreement CONSIDERATIONS: Director Collins reviewed the information provided, which explained why the Alaska Alaska Tanker Corporation Tanker Company (ATC) was required to contribute $25,000 to a City environmental Memorandum of project. The City asked that the designated project be Valley Creek Restoration. Agreement Alaska Tanker was supportive of this project and worked with the Department of Ecology. The $25,000 will be used to purchase property in the Valley Creek flood plain area which will help restore the meander to the creek. If the money is not spent within two years, it must be returned to the Department of Ecology, who would then apply it to a different project. Councilman Headrick stated that at this time, the Valley Creek Committee is looking at two parcels of property, one between 7th and 8th Streets and one between 5th and 6th Streets. Unfortunately, an investor has also shown an interest in the lots 5th and 6th ~ ' Stre'et~ befor6 a bonserv'atioh easement was in place. It appears that there will be no problems in obtaining the 7th and 8~h Street property. Councilman Braun noted that from time to time ATC is moored in the Port while undergoing repairs, etc. Councilmember Erickson moved to accept the $25,000 contribution from the Alaska Tanker Company and direct the Mayor to sign the attached Memorandum of Agreement between the City, ATC, and DOE. Councilman Braun seconded the motion, which carried unanimously. Meeting with the Port 2. Meeting with the Port of Port Angeles and the Community Economic Development Committee Councilmembers Rogers, Campbell, and Williams attended the meeting with the Port of Port Angeles. Councilmember Rogers stated the meeting was held at City Hall and staff present included Manager Quinn, Director Collins, Deputy Director of Engineering Kenworthy, and Economic Director Smith. Those from the Port included Commissioner Hannan, Executive Director Boddy, Dave Hagiwara, Susan Bauer and Curtis Shuck. The purpose of the meeting was to resolve permitting issues on the Westport project, the shipyard permit for the wash down facility, and also the Department of Transportation (DOT) graving yard. Discussion items were building permits, shoreline permits, storm water, wastewater, and grading and clearing permits. Councilmember Rogers stated that it was a two hour meeting and some immediate concerns were resolved for the Port regarding storn~ water, as well as some Westport issues. The City and Port agreed to come up with a long term benefit for the entire harbor regarding storm water. In the interim, the DOT graving project will move forward as it will take care of its own storm water. In attempting to find a solution to maximize -9- 4828 CITY COUNCIL MEETING December 2, 2002 Meeting with the Port and leverage the DOT project with the storm water, the Port pledged $300,000 toward (Cont'd) a storm water facility. The Port will also have to work with Daishowa regarding storm water, but in the end, the City and Port will have to decide on a centralized storm water · system that will benefit all. She further described ways the City and Port could work together and stated a variance will be coming for Westport. Councilman Williams felt it was a good meeting, but there are still items thatneed to be clarified with the Port. Some analysis will be performed on whether or not the graving dock can be used as a ship yard facility in the off years from building bridge components. The City has provided them with a technical memorandum and an addendum to same. Councilman Williams is hopeful that the Port will come up with a turnkey operation. Commissioner Hannan was concerned about performing a cost/ benefit analysis, but it is hoped the greater good of the community will also be considered. Councilmember Rogers stated the community is counting on the City and Port to take these projects forward and this was accepted by the Port. There are still some considerations for the Port regarding cost issues, but she felt the Port was willing to move forward in a positive manner. The meeting presented an oppommity to help resolve confusion regarding the storm water issues. EXECUTIVE SESSION: None. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Glenn Wiggins, Mayo; Becky J. Upq, - 10- 4829 Exhibit "A" CONDITION, FINDINGS AND CONCLUSIONS IN SUPPORT OF STV 02-03 MISCHKE Condition: 1. A sensitive area tract, as prescribed in Chapter 15.20 PAMC, shall be established for any portion of the subject lot that is located within the ravine or a 25-foot ravine buffer. Findings: 1. A valid petition requesting the vacation of that portion of the unused portion of City right-of-way that is located south of West 4th Street between "K" and 'T' Streets was submitted to the City of Port Angeles on September 5, 2002, by Neal Mischke. The property is described as being contained entirely within Lot 7, Block 129, Townsite of Port Angeles. 2. The site is currently zoned RS-7, Residential Single Family. 3. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. 4. The City of Port Angeles' Real Estate Committee met and established the value of the unopened right-of-way. The unopened right-of-way covers an area of 2550.35 square feet. 5. The subject right-of-way has not been used for through traffic and other sections of the right-of-way have reverted to property owners so that there is no potential for the right-of-way to become a through street. 6. A geotechnical review was conducted on the site in April of 2002. A recommended building limit was shown for the site and adequate buildable area for a single family residence is available on the site. 7. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 8. The site was posted and required publication appeared in the Peninsula Daily News on September 23, 2002. 9. The Port Angeles Planning Commission held a public heating on the proposed street vacation on October 9, 2002. 10. This action constitutes a recommendation to the City Council that will act on the petition after a public hearing conducted on December 2, 2002. Conclusions: A. As conditioned, traffic patterns on surrounding streets would not be negatively impacted by the vacation. 4830 B. Low density residential development pattems in the area will not be affected by the proposed vacation. C. The residential development pattern in the vicinity will be extended to the east by one building lot by the vacation of right-of-way. D. The proposal is consistent with the goals and policies of the City's Comprehensive Plan, specifically the following Comprehensive Plan policy has been found to be most relevant to the proposal: Land Use Element Policy B.2. E. As conditioned, the street vacation is in the public interest. Adopted by the Port Angeles City Council at its meeting of December 2, 2002. "-'"'~Glenn Wiggins, Mayor Becky J: U~I~on,<~ity (~le/r~- ~ T:\STV~F&C STV 02-03.wpd