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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: -1- 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 -2- 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 -4- 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. -5- 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. -6- 2417 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 -7- 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-- --