HomeMy WebLinkAboutMinutes 12/03/19963411
CITY COUNCIL MEETING
Port Angeles, Washington
December 3, 1996
CALL TO ORDER - l~la~or Ostrowski called the regular meeting of the Port Angeles City Council to
REGULAR MEETING: order at 7:00 p.m.
ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell,
Doyle, Hulett, McKeown, and Wiggins.
Members Absent: None.
Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B.
Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J.
Pittis, B. Titus, T. Riepe, and G. Kenworthy.
Public Present: J. Tschimperle, A. Deese, B. Harbick, A. Benson, J. &
J. Lauridsen, K. Danielson, M. Logan, and P.
Lamoureux.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski.
ALLEGIANCE:
APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of
MINUTES: November 19, 1996. Councilman Wiggins seConded the motion, which carried
by a majority vote, with Councilman Campbell abstaining due to his absence
from the meeting.
Councilmember McKeown moved to approve the minutes of the special meeting
of November 18, 1996. Councilman Hulett seconded the motion, which carried
by a majority vote, with Councilman Campbell abstaining due to his absence
from the meeting.
Councilman Doyle moved to approve the minutes of the special meeting of
November 22, 1996. Councilman Braun seconded the motion. Councilman
Doyle noted that the last sentence of the first paragraph should read %..the City may
impose a minimum of 10% increase in the rental rate...". Also, Councilman' Doyle
asked for clarification of the last paragraph, which Attorney Knutson provided. A
vote was taken on the motion, which carried by a majority vote, with
Councilman Campbell abstaining due to his absence from the meeting.
CEREMONIAL None.
MATTERS/
PROCLAMATIONS:
FINANCE: None.
CONSENT AGENDA: Councilman Hulett moved to accept the Consent Agenda, including: 1) Declare
Contract CL95-2 for College substation switchgear complete and authorize payment
of retainage; 2) Payroll - November 17, 1996 - $360,863.70; 2) Voucher list -
November 27, 1996 - $471,096.86. Councilman Wiggins seconded the motion,
which carried unanimously.
ITEMS FROM THE None.
AUDIENCE/COUNCIL/
STAFF TO BE
CONSIDERED OR
PLACED ON A
FUTURE AGENDA:
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3412
CITY COUNCIL MEB-'I]NG
December 3, 1996
PUBLIC HEARINGS: 1. U. S. Justice Department Block Grant
U.S. Justice Department Mayor Ostrowski reviewed the information provided by the Police Department and
Grant asked Police Chief Ilk to give a presentation on the issue. Chief Ilk summarized the
information contained in the packet, noting that only one person will be certified to
operate the voice stress analyzer. The results are not admissible in court, unless a
defendant agrees to let the prosecutor use the results. Mayor Ostrowski opened the
public hearing at 7:10 p.m. There was no public testimony, and the public hearing
was closed at 7:10 p.m.
Discussion followed regarding use of the' equipment, and Chief Ilk responded to
questions directed by the Council. Chief Ilk indicated prior consent would have to
be obtained before the issuance of the test. Also, in response to an inquiry, Chief
Ilk noted other agencies would be able to use the test by virtue of the City's
interagency cooperative efforts. There was no formal action needed.
Street Vacation - Markley 2. Street Vacation Petition - STV 96(06) - Markley, Portion of Eunice Street
north of Park Avenue: Request for vacation of the Eunice Street right-of-way
(thirty feet) butting Tax Parcel No. 1837
Mayor Ostrowski reviewed the information provided by the Planning Department and
invited Planning Director Collins to review the issue. Using the overhead, Director
Collins noted the area under discussion and stated there is some dispute about
whether the right-of-way was 20 or 30 feet. He explained the right-of-way is
primarily used for pedestrian access and a corridor for utilities. Director Collins
pointed out that Finding No. 8 should read 'Three letters of comment have been
received by the Planning Department regarding this application. All of the letters
favor maintaining public access to Park Avenue and the National Park.' He stated
that this is the only improved right-of-way between Race Street to the east, and
Peabody Street to the west.
Mayor Ostrowski then opened the public hearing at 7:20 p.m.
Joe Tschimperle, 624 Vashon, has a surveyor's certificate from 1950 which states
the right-of-way is 30 feet, and a survey from 1979 which shows a 20-foot right-of-
way. This means the tax lot is ten feet into the right-of-way. Recently, the
Housing Authority constructed a cyclone fence, and many problems the applicant had
with this area were, therefore, resolved. Mr. Tschimperle favored a denial of the
request to vacate.
There was no further public testimony, and the public hearing was closed at 7:25
p.m.
Discussion followed, and Councilman Wiggins inquired whether there was any
benefit to the property owner in granting a 20-foot right-of-way vacation. Director
Collins explained a 20-foot minimum right-of-way was necessary to serve the fire
and utility requirements.
Counciimember McKeown moved to deny the proposed street vacation, citing
Findings 1 - 9, with Finding #8 amended as stated, and Conclusions A - C, as
set forth in Exhibit 'A', which is attached to and becomes a part of these
minutes. Councilman Doyle seconded the motion, which carried unanimously.
Transportation Plan 3. Consideration of a City-wide Transportation Plan
(Continued from November 5, 1996)
Mayor Ostrowski reviewed the information provided by the Department of Public
Works and invited Gary Kenworthy, City Engineer, to address the issue. Mr.
Kenworthy briefly reviewed the executive summary as contained in the packet,
highlighted the high priorities as identified by the consultant, and analyzed the
funding for these programs.
Mr. Kenworthy noted that, at the Planning Commission meeting, there was extended
discussion regarding the White's Creek crossing and a four-item addendum was
added to the Plan. It was the opinion of the Planning Commission that the extension
of Lauridsen Blvd. to Golf Course Road would be very expensive, and the City
would still have a Level F intersection. It was recommended this be changed to
carry the route to Race Street. This would still involve constructing the intersection
at the truck route, improving the Lauridsen/Lincoln intersection, and rebuilding the
bridge at Lauridsen to allow turns onto Race Street. Mr. Kenworthy then described
the changes being considered to modify the White's Creek crossing.
Planning Director Collins noted that the recommendation of the study regarding the
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3413
CITY COUNCIL MEETING
December 3, 1996
PUBLIC HEARINGS: White's Creek crossing is at odds with the Planning Commission's recommendation.
(Cont'd) Director Collins then explained the differences between the Transportation Services
and Facilities Plan and the addendum recommended by the Planning Commission.
Transportation Plan He suggested this be referred back to the Planning Commission.
(Cont'd)
Mayor Ostrowski opened the public hearing at 8:00 p.m.
Peter Ripley, 114 E. 6th Street, spoke in support of the Plan, especially as regards
the sidewalks. Many physically challenged people are out and active, and decent
sidewalks would make the entire City accessible.
Kathe Smith, 607 E. 4th Street, felt the two tables contained in the Transportation
Plan are misleading. Ms. Smith then went on to describe the misleading
information. What appears to be an improvement project for a bicycle facility is
really the widening of Front Street to fulfill City requirements for street widths.
Also, improvements to SR 101 will cost about $1.1 million. The project is to add
a bike lane and sidewalks to SR 101 west to Dry Creek Road. The bike club worked
for two years with the Department of Transportation so the road improvements to
SR101 would fulfill the State requirements for four foot shoulders and a rural
bicycle touring route. Ms. Smith continued to review duplications on the tables
which artificially inflated project expenses. Ms. Smith stated she was a member of
the City's new Bicycle, Pedestrian, and Non-Motorized Committee. She then
distributed maps of a project the Committee is working on, explained the project,
reviewed the priorities of the Committee, and responded to questions directed by the
Council.
Paul Lamoureux, 602 Whidby, had attended the Planning Commission meeting, and
Tim German had raised the problem of ingress and egress east of town when roads
are icy. Mr. Lamourenx felt that despite economic conditions, an alternate route east
of town should definitely be included in the Transportation Plan.
Planning Director Collins reviewed the Council's options on this issue. Director of
Public Works Piths informed the Council that there was no deadline for adoption of
this Plan; he described the importance of having a workable Transportation Plan.
Director Collins reminded the Council that March of each year is the deadline for
Comprehensive Plan amendments. He felt this issue should be resolved prior to that
deadline.
Mayor Ostrowski closed the public hearing at 8:25 p.m.
Councilman Wiggins moved to refer the Transportation Services and Facilities
Plan back to the Planning Commission for specific recommendations on
unresolved issues, specifically bicycle/non-pedestrian uses and also the focus of
the Transportation Plan as well as prioritizing. Councilman Hulett seconded the
motion. Discussion followed, and Councilman Campbell stated this was a dynamic
document which can be amended annually; therefore, Council should not attempt to
approve a perfect Transportation Plan. Staff responded to questions directed by the
Council and offered clarification on several issues.
Councilman Wiggins moved to amend the motion to request the Planning
Conmaission report back to Council by the first week in February. This was
agreed to by the seconder of the motion.
A vote was taken on the amendment, which carried unanimously.
A vote was taken on the main motion, which carried unanimously.
Stormwater Management 4. Approval of Stormwater Management Ordinance and Associated Regulations
in Compliance with the Puget Sound Water Quality Management Plan
(Continued from November 5, 1996 and to be continued to January 7, 1997)
Mayor Ostrowski reviewed the information provided by the Planning Department and
opened the public hearing at 8:40 p.m.
There was no public testimony, and Councilman Hulett moved to continue the
public hearing to January 7, 1997. Councilmember McKeown seconded the
motion, which carried unanimously.
Break Mayor Ostrowski recessed the meeting for a break at 8:40 p.m. The meeting
reconvened at 9:00 p.m.
1997 Budget 5. 1997 City of Port Angeles Budget
City Manager Pomeranz stated that staff had a brief presentation to make regarding
the budget, and announced that a copy of the budget was available at City Hall for
3414
December 3, 1996
PUBLIC HEARINGS: public perusal.
(Cont'd)
Finance Director Godbey explained that the document distributed by Manager
1997 Budget Pomeranz is a~ c. 0,n?le~ nsed yer~iOn of the 1997 budget message. She stated that the
(Cont'd) budget was unique in that' it is the first time she and Manager Pomeranz presented
a General Fund budget that was not balanced. The City will be spending at a level
of approximately 19% less than 1996. Most of the decrease is attributed to lower
power costs in the Enterprise Funds, however, all funds reflect a decrease except the
General Fund. Director Godbey explained why the General Fund shows a slight
increase and continued the budget review.
Director Godbey stated staff has been in contact with Admiral Marine, the City of
Port Townsend, and the Port of Port Angeles relative to the impact that will be seen
from Admiral Marine, as this was a recurring question from City employees. The
information received was discouraging. It takes two years to build a yacht, the yacht
Admiral Marine is building was commissioned by an out-of-state buyer, and the City
will not receive any sales tax. If an in-state buyer is found, no sales tax will be
realized until the year 2000. The utility and personal property taxes generated by
Admiral Marine will be much less than that which was generated by Rayonier.
Manager Pomeranz stated that overall, there will be tremendous benefits by having
Admiral Marine in Port Angeles. One hundred seventy-five people are employed by
them; however, the direct impact to the City budget in revenue is significantly less
than Rayonier's.
Director Godbey stated the five-year projection presented two weeks ago, has not
changed. Currently, City reserves are at $2.5 million. In 1997, there is a deficit of
approximately $.5 million in the General Fund budget. Assuming accurate
projections, the reserve fund balance will be depleted in three years. After the new
year, all departments will collaborate to find ways to further reduce the budget in
order to balance in 1997. Director Godbey then reviewed the remaining funds.
Mayor Ostrowski opened the public heating at 9:20 p.m.
Paul Lamoureux, 602 E Whidby, lauded the efforts of City staff to minimize the
impact of the Rayonier closure. He then suggested the City return to last year's
electric rates instead of continuing the rate reduction if possible. He recommended
the City conduct a survey to see if the citizens would be interested in trading the rate
reduction for a little more reserve cushion.
Manager Pomeranz explained the utility funds operate as separate entities and, under
State law, there is little opportunity to take money from one fund and place it in
another. Manager Pomeranz stressed that staff will be asking for community
participation on possible cost saving measures.
Jay Ketchum, 739 W. 8th Street, wished to address the proposed outfall extension
at Rayonier. He asked what efforts have been made by City- staff to obtain the
outfall extension from Rayonier. This could save the City $1 million on construction
of a new outfall line, and save Rayonier the expense of removing same. Manager
Pomeranz stated staff has discussed a variety of issues with Rayonier and this is one
of them.
Peter Ripley, 114 E. Sixth Street and the Port Angeles Journal on Line, asked the
nature of the City's contingency plan. Manager Pomeranz explained that building
up the reserves over the past six years was part of the contingency plan. Also, staff
has been meeting with Rayonier regularly over the past six years to develop
communication and keep abreast of the company's financial condition. Additionally,
" the City has been on a staff reduction program, and the personnel budget has been
decreased by almost 10 %, or almost 17 full-time employees. Had there been no plan
for this cimumstance, the City would be in a crisis right now.
Mr. Ripley asked if any new industries would be coming into Port Angeles
immediately. Manager Pomeranz felt the future economy would depend on a variety
of employers and not just two or three major employers. Staff is working with the
Economic Development Council to attract new industry and care for the businesses
already established.
Mr. Ripley asked what could be done to generate winter and summer tourism.
Manager Pomeranz stated that the hotel/motel tax distribution was on tonight's
agenda, and the goal of this is to bring more visitors to Port Angeles all year round.
There was no further public testimony, and Mayor Ostrowski closed the public
hearing at 9:40 p.m.
Director Godbey stated November sales tax revenues were at the lowest level in five
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3415
CITY COUNCIL MEETING
December 3, 1996
PUBLIC HEARINGS: years. If the trend continues into December, 1996 sales taxes will be $100,000 less
(Cont~d) that 1995. The decrease is not in retail sales, but in manufacturing.
1997 Budget Mayor Ostrowski thanked Director Godbey and invited the media to discuss the
(Cont'd) budget with the City Manager and/or Finance Director.
Couneilmember McKeown stated that the wrong memo regarding Human Services
allocations was placed in the packet. This item will be discussed at the next meeting.
LEGISLATION: A. Ordinances not Requiring Public Hearings
Landfill Fees for I. Establishment of Landfill Fee Schedule for Charitable Non-Profit Agencies
Charitable Non-Profit
Agencies Mayor Ostrowski reviewed the information provided by the Department of Public
Ordinance No. 2938 Works and invited Public Works Director Pittis to comment.
Director Pittis explained that this ordinance was requested by the organizations listed
in the ordinance, reviewed by the Utility Advisory Committee, and recommended to
Council for consideration. Staff felt the ordinance was appropriate and recommends
its adoption.
Councilman Braun stated the UAC felt this was a real cost burden to charitable
organizations, and to minimiz~ the impact, rates should be reduced for them.
Councilman Doyle pointed out that the reduction was not automatic, as an application
would have to be submitted by the organization. He hoped that good signage would
help eliminate garbage being dumped.
Mayor Ostrowski read the Ordinance by title, entitled
ORDINANCE NO. 2938
AN ORDINANCE of the City of Port Angeles, Washington,
establishing a special landfill user rate for certain
charitable organizations and amending Ordinance 2317
as amended and Chapter 13.56 of the Port Angeles Muni-
cipal Code.
Councilman Campbell moved to adopt the Ordinance as read by title.
Councilman Braun seconded the motion. Manager Pomeranz suggested that some
value for this contribution should be reflected in the Human Services allocation.
Director Pitfis offered to set up a separate category at the landfill to keep track of
this. A vote was taken on the motion, which carried unanimously.
B. Resolutions not Requiring Public Hearings
None.
C. Planning Commission Minutes/Action Items
Councilman Hulett moved to accept the Planning Commission minutes of
November 13, 1996. Councilmember McKeown seconded the motion, which
carried unanimously.
Director Collins noted that the first item mentioned, which is referred to as a money
back guarantee program, will be coming to the Council at its next meeting. No
action is necessary at this time.
Councilmember McKeown moved to accept the Planning Commission minutes
of November 20, 1996. Councilman Campbell seconded the motion. Brief
discussion followed regarding a conditional use permit on Campbell Avenue. A vote
was taken on the motion, which carried unanimously.
MultimodalTransportation ~ D. Other Considerations
Center Predesign
Agreement I. Extension of Multimodal Transportation Center Predesign Agreement
Mayor Ostrowski reviewed the information provided by the Department of Public
Works. Councilman Wiggins moved to authorize the Public Works Director to
sign Supplemental Agreement #1 extending the time for completion to March 31,
1997, at no additional cost to the project. Councilman Doyle seconded the
motion, which carried unanimously.
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3416
CITY COUNCIL MEETING
December 3, 1996
LEGISLATION: 2. Recommendation for Award of Hotel/Motel Grant Funds
(Cont'd)
Mayor Ostrowski reviewed the information provided by the Public Works
1997 Hotel/Motel Department ~and inv. i~,. ~c~omment from those Councilmembers who served on this
Funding Allocations Committee. Manager pomeranz announced that there were two citizens who wished
to make comment on this issue.
Councilman Campbell reviewed the allocation process and described some programs
which will benefit from the allocations. He stated the amount of money allocated to
each program is not indicative of the program's worth, but only indicates the
prospective number of motel room nights which will result from the funding of these
agencies, organizations, and activities.
Councilman Wiggins emphasized that winter sports at Hurricane Ridge is an almost
untapped potential source of revenue derived from tourism. It will be coordinated
by the Parks D~partment and will focus on the shoulder season.
Councilman Doyle requested clarification of how the Chamber of Commerce would
utilize its funding which was provided by Councilman Campbell. Discussion
followed, and Councilmembers commented on the allocations and requested
clarification of some programs.
Karen Hanan, Director of the Juan de Fuca Festival of the Arts, thanked the Council
for the opportunity to speak. She felt the potential for the Festival to attract tourists
and fill hotel/motel rooms was great. Substantial growth has already occurred, and
most monies go back into the programs for the following year. She asked for the
City's continued support of the Festival. Ms. Hanan then responded to questions
posed by the Council.
Councilman Braun moved to extend the meeting past 10:00 p.m. Councilman
Hulett seconded the motion, which carried unanimously.
Director Collins noted that the Museum was not funded this year. He stated a
Councilmember has been an ex-officio member of the museum board in the past and
urged someone from Council to again take that position.
Mayor Ostrowski stated that allocating hotel/motel tax funds was a very difficult job.
He felt that forming a committee to allocate the funds really helped, and the
committee did a great job. Further discussion followed, and Councilman Doyle
suggested the funds for the general administration be eliminated, and the money used
elsewhere.
Bob Harbick, 1006 S. Lincoln Street, a member of the allocation committee, pointed
out that these funds were not City money and not connected with the General Fund.
The Committee attempted to distribute the funds to those organizations who could do
the most for the money. Discussion followed regarding the allocation of $5,000 for
the Veto Burton Community Center parking lot and staff clarified, for Mr. Harbick,
why this came out of hotel/motel tax funds. Mr. Harbick felt it was inappropriate
to use hotel/motel tax money for a parking lot, and asked that this action not be
repeated in the future.
Councilman Wiggins moved to accept the recommendations of the Committee as
presented. Councilman Campbell seconded the motion. Discussion followed and
Councilmembers Doyle and McKeown stated they would vote against the motion, as
they felt the $5,000 allocated to the VCB for administration should go to the Juan de
Fuca Festival of the Arts. Councilmember McKeown also felt the $3,300 should not
go to the Fishing Derby. A vote was taken on the motion which failed for lack
of a majority with Mayor Ostrowski and Councilmen Campbell and Wiggins
voting in favor of the motion and Councilmembers Braun, Doyle, Hulett and
McKeown voting in opposition.
Councilmember McKeown moved to allocate the funds as listed with the
following changes: $3,300 from the Fishing Derby and $5,000 from the VCB
funding to go to the Juan de Fuca Festival of the Arts. Councilman Braun
seconded the motion. Manager Pomeranz was concerned that the other entities were
not represented tonight. Councilman Hulett noted that, based on ratings, the Festival
was only one point lower than Hurricane Ridge, which was funded. Manager
Pomeranz asked if it was appropriate to send a letter to all the entities who had
applied for funding stating that the Council had made its determination and the
decision is final. It was the general consensus of the Council that this letter would
be appropriate.
Bob Harbick asked for clarification as to why the Council felt the VCB should not
be funded for administration costs. Councilmember McKeown stated the Chamber
receives dues from its members and this money could be used for administration.
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CITY COUNCIL MEETING
December 3, 1996
1997 Hotel/Motel Further brief discussion followed. On call for the question, a vote was taken on the
Funding Allocations motion, which carried by a majority vote with Councilmembers Braun, Doyle,
(Cont'd) Hulett and McKeown voting in favor of the motion, and Mayor Ostrowski and
Councilmembers Wiggins and Campbell voting in opposition.
Maintenance Agreement 3. Reciprocal Maintenance Agreement with Port
with the Port
Mayor Ostrowski reviewed the information provided by the City Attorney.
Councilman Doyle moved to authorize the Mayor to sign the Reciprocal
Maintenance Agreement with the Port of Port Angeles. Councilman Campbell
seconded the motion, which carried unanimously.
ADJOURNMENT: The meeting was adjourned at 10:35.g~m~ ~
B~ky J~ L~p~ ~y Cl~k~'~ - - ~x-..~/ P~per Os-~-~rowski, Mayor
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3418
FINDINGS AND CONCLUSIONS FOR MARKLEY STREET VACATION - STV 96(10)06 -
Eunice Street:
Findings:
1. The applicant is Diane Markley. The application/petition is attached as
Attachment "A" of the November 13, 1996, Planning Department Staff Report for
STV 96-06.
2. The request is for vacation of the west 30' of Eunice Street abutting tax parcel
//1837 identified in Attachment "A" of the November 13, 1996, Planning
Department Staff.Report for STV 96-06.
3. The street vacation is categorically exempt from threshold determination and
Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of
the Washington Administrative Code.
4. The subject right-of-way and adjacent properties are designated Low Density
Residential by the City's Comprehensive Plan and are zoned RS-7.
5. There are electrical and water facilities located in the subject right-of-way.
6. The subject right-of-way provides pedestrian access to Park Avenue and the
Olympic National Park and is heavily used for this purpose.
7. The Public Works, Fire, and City Light Department comments are included as
Attachments "B", "C", and "D" of the November 13, 1996, Planning Department
Staff.Report for STV 96-06.
8. Three letters of comment were received by the Planning Department regarding this
application. All letters are in favor of maintaining public access to Park Avenue
and the National Park.
9. The Comprehensive Plan Land Use Policies B.2 and B.3, Transportation Policies
B. 15 and B. 18, and Conservation Policy B.3 as listed in the November 13, 1996,
Planning Department Staff.Report for STV 96-06 directly relate to the proposed
vacation.
Conclusions:
A. Vacation of the west 30' of Eunice Street abutting tax parcel//1837 is not
consistent with the Comprehensive Plan's Transportation Policy B. 15 and
Conservation Policy B.3 due to the elimination of public pedestrian access to Park
Avenue and the Olympic National Park which reduces the effectiveness of
alternate modes of transportation in the area and eliminates a special feature of the
neighborhood.
B. The proposed vacation will result in the elimination of pedestrian access from the
3419
surrounding neighborhood to Park Avenue and the Olympic National Park.
C. The proposed vacation would have an adverse impact on the public health, safety
and welfare.
Adopted by the Port Angeles City Council at its meeting of December 3, 1996.
'"~per 6str~"~wski, M-a~;7 -
Becky J. U~pn, ~ty Clerkr-- --