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HomeMy WebLinkAboutMinutes 12/05/1995 3169 C1TY COUNCIL MEETING Port Angeles, Washington December 5, 1995 CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:02 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, McKeown, Ostrowski, and Schueler. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, Y. Ziomkowski, and G. Kenworthy. Public Present: G. Wiggins. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Sargent. ALLEGIANCE: APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: November 21, 1995. Councilman Braun seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: Consideration of 8th Street bridges repair contract 8th Street Bridges Mayor Sargent reviewed the information provided by the Public Works Department. Repair Contract Councilman Doyle moved to authorize the City Manager to sign a contract in the amount of $19,500.00 with General Construction for repairs of the 8th Street bridges. Councilmember McKeown seconded the motion. Mayor Sargent inquired as to the disposition of the remainder of the $50,000 budgeted. Public Works Director Pittis responded that some of the funds may be used for stormwater materials along one of the bridges; the remainder will be returned to the General Fund. Councilman Doyle raised a question concerning the actual cost of the inspection, and City Engineer Kenworthy explained that a portion of the expense is covered by grant funds, so the City's share is approximately $7,000. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Voucher list - December 1, 1995 - $2,551,194.31 and (2) Payroll - November 19, 1995 - $352,717.64. The motion was seconded by Councilman Braun. After limited discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Jack Glaubert, East Sequim Bay, requested that the Council add to a future agenda AUDIENCE/COUNCIL/ the matter of how he is to access his property. He asked that this discussion be held STAFF TO BE in a public forum, as there are a number of issues to be resolved. Mayor Sargent CONSIDERED OR informed Mr. Glaubert that his request would be taken under advisement. PLACED ON A FUTURE AGENDA: Councilman Schueler requested the addition of an agenda item in the form of his recommendations on the allocation of Human Services funding. This item was added as Agenda Item D.5. PUBLIC HEARINGS: Oty of Port Angeles 1996 Budget 1996 Budget Manager Pomeranz summarized certain aspects of the proposed 1996 Budget, noting that the $10,048,589 General Fund budget reflects an increase of 4.5 % over 1995. The entire budget is equal to $57,350,921 for all funds; the increase in the operating budget is approximately 2 %. Mayor Sargent commented that about 85 % of the budget is related to personnel, to which Manager Pomeranz agreed. -1- 3170 CITY COUNCIL MEETING December 5, 1995 PUBLIC HEARINGS: Mayor Sargent opened the public hearing at 7:15 p.m. No one approached the (Cont'd) podium to address the budget, but Manager Pomeranz advised the Council members that he had received public input and has responded to a number of inquiries. He 1996 Budget emphasized how staff has made a significant effort to reduce expenses over the past (Cont'd) few years, and he assured the Council he would review some of the positions not filled. At the present time, there are 11.5 positions or 5 % of the total work force not being replaced: Senior Risk Analyst, Word Processing Technician, Data Entry Clerk/Utility Backup, Conservation Energy Analysts, Lineman, Meter Shop Supervisor, Parks Caretaker, Records Clerk, Associate Planner, and Building Inspector. In addition, staff is making every effort to decrease costs in the area of materials and supplies. Manager Pomeranz indicated the largest challenge before the City is to continue to balance the budget in an economy experiencing little growth in the revenue stream. The City is committed to a balanced budget and will continue to address the long- term issues. A five-year plan has been generated, and if the City continues to operate in its present mode, the reserves will ultimately be impacted. Manager Pomeranz stressed the importance of continually looking for greater efficiencies in order to maintain a balanced budget. There being no public input, Mayor Sargent closed the public hearing at 7:20 p.m. CITY COUNCIL Councilman Schueler reported that he had spent a great deal of time working on his COMMITTEE recommendations pertinent to Human Services funding allocations. REPORTS: Councilman Braun informed the Council that the December 11 meeting of the Utility Advisory Committee had been cancelled; the next meeting will be held January 8. Councilman Doyle had no report. Councilmember McKeown attended a meeting of the Hartness Memorial Garden committee, at which time the members viewed an artist's rendering of the suggested ideas. Thus far, everyone is pleased with the progress made. Councilman Hulett attended a meeting of the Public Information Committee, which is currently working on the next edition of the City Newsletter. Councilman Ostrowski had no meetings on which to report, other than his attendance at the various budget meetings. Mayor Sargent also attended the meeting of the Hartness Memorial Garden committee. In addition, she attended'a meeting of the National League of Cities in Phoenix. LEGISLATION: A. Ordinances Not Requiring Public Hearings Industrial Pretreatment 1. Revising local limits for City Industrial Pretreatment Program Program - Ordinance No. 2900 Mayor Sargent reviewed the information provided by the Public Works Department and read the Ordinance by title, entitled ORDINANCE NO. 2900 AN ORDINANCE of the City of Port Angeles, Washington, revising the concentration limits for substances discharged into the City's wastewater disposal system and amending Ordinance 2290 as amended and Chapter 13.06 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion. After limited discussion, a vote was taken on the motion which carried unanimously. Rezone- City of Port 2. Rezoning property in the city in compliance with the City's adopted Angeles Comprehensive Plan (Action directed is from November 21, 1995). Mayor Sargent reviewed the memorandum submitted by the Planning Department. Councilman Doyle moved to continue action to the December 19, 1995 meeting. Councilman Hulett seconded the motion. Councilman Schueler inquired as to whether the City is presently in compliance with the Comprehensive Plan, particularly concerning zoning for medium density. Planning Director Collins -2- 3171 CITY COUNCIL MEETING December 5, 1995 LEGISLATION: expressed the opimon that the City is in compliance, in spite of the fact that less (Cont'd) property had been rezoned to RMD than was originally intended. As he recalled, there are currently 300+ acres proposed for RMD zoning. A vote was taken on Rezone - City of Port the motion, which carried unanimously. Angeles (Cont'd) Informal Bidding and B. Resolutions not Requiring Public Hearings: Small Works Roster - Resolution No. 27-95 1. Providing for informal bidding and small works roster Mayor Sargent reviewed the information from the City Attorney and read the Resolution by title, entitled RESOLUTION NO. 27-95 A RESOLUTION of the City Council of the City of Port Angeles, Washington, providing for informal bidding and use of a small works roster in circumstances allowed by state law. Councilman Hulett moved to pass the Resolution as read by title. The motion was seconded by Councilman Braun. In response to inquiries from the Council, Attorney Knutson explained that obtaining quotes over the telephone has been practiced for several years. He also clarified details pertinent to the small works roster, and Director Pittis assisted by indicating the roster is as complete as local businesses allow. On many occasions, all vendors available for a given project are contacted for quotes. Director Pittis urged the Council to maintain an awareness that, in some areas, there are very few local competitors, such as in paving projects. A vote was taken on the motion, which carried unanimously. Authority to Enter 2. Delegating authority to enter into contracts into Contracts - Resolution No. 28-95 Mayor Sargent reviewed the memorandum from the City Attorney and read the Resolution by title, entitled RESOLUTION NO. 28-95 A RESOLUTION of the City Council of the City of Port Angeles, Washington, delegating authority to enter into contracts not exceeding $7,500.00 and repealing Resolution 41-91. Councilman Doyle moved to pass the Resolution as read by title. The motion was seconded by Councilmember McKeown. Councilman Ostrowski, referring to the Resolution just passed, suggested the possibility of increasing the City Manager's authority to $15,000. After brief discussion, Councilman Ostrowski moved to amend the motion to increase the City Manager's authority to enter into contracts to $15,000. The motion to amend was seconded by Councilman Braun. Councilman Schueler disagreed with the proposed amendment, as the contracts would still have to be brought before the City Council for approval. Councilman Ostrowski countered that staff would be able to proceed on projects much quicker. In the ensuing discussion, Councilmembers Hulett and McKeown felt this suggested change would result in more efficiencies. Manager Pomeranz related that he could provide the Council with written notification of all contracts entered into between $7,500 and $15,000. The Council felt this would be appropriate, and Councilman Ostrowski added the requirement of written notification to his motion. Councilman Braun, as seconder of the amending motion, agreed. A vote was taken on the amending motion, which carried unanimously. A vote was then taken on the main motion, which also carried unanimously. PLANNING C. Planning Commission Minutes/Action Items: COMMISSION MINUTES/ACTION Revised Planning Commission minutes of October 25, 1995 ITEMS: Councilman Braun moved to accept and place on file the revised Planning Commission minutes of October 25, 1995. The motion was seconded by Councilman Hulett and carried unanimously. -3- 3172 CITY COUNCIL MEETING December 5, 1995 PLANNING Planning Commission minutes of November 8, 1995 COMMISSION MINUTES/ACTION 1. Shoreline Substantial Development Permit - K-Ply, SMA 95(11)152, 439 ITEMS: (Cont'd) Marine Drive: A request to replace an existing timber log slide with a mechanical steel rail and cable-driven carriage system in the IH, Industrial Shoreline Substantial Heavy zone. Development Permit - K-Ply Mayor Sargent reviewed information pertinent to the application from K-Ply for a Shoreline Substantial Development Permit. Councilmember McKeown moved to concur with the recommendation of the Planning Commission and approve Shoreline Substantial Development Permit SMA 95(11)15:~, subject to Conditions 1 - 8 and citing Findings 1 - 7 and Conclusions A - B, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. The motion was seconded by Councilman ltulett, who questioned the validity of Condition #1, as the area in question is nothing but fill. Director Collins responded that Condition #1 is standard language, but he doubted there would be much excavation on this project. In addition, Condition #1 was included in a spirit of cooperation with the Tribe. A vote was taken on the motion, which carried unanimously. Shoreline Substantial 2. Shoreline Substantial Development Permit - City of Port Angeles, SMA Development Permit - 95(10)153, Ediz Hook: A proposal for a shoreline substantial development City of Port Angeles permit to allow the removal of an underground storage tank in the IH, Industrial Heavy zone Mayor Sargent reviewed the information pertinent to the City's application for a Shoreline Substantial Development Permit for the removal of an underground storage tank. Councilman Doyle moved to concur with the recommendation of the Planning Commission and approve Shoreline Substantial Development Permit SMA 95(10)153, subject to Conditions 1 - 8 and citing Findings 1 - 6 and Conclusions A - B, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. The motion was seconded by Councilman Braun and, after limited discussion, carried unanimously. Councilman Hulett moved to accept and place on file the Planning Commission minutes of November 8, 1995. The motion was seconded by Councilman Doyle and carried unanimously. Break Mayor Sargent recessed the meeting for a break at 7:55 p.m. The meeting reconvened at 8:15 p.m. Appointment to Law D. Other Considerations Enforcement Advisory Board 1. Student appointment to Law Enforcement Advisory Board Mayor Sargent reviewed the information provided by the Police Department. Councilman Ostrowski moved to appoint Ethan Wesley to fill the high school student position on the Law Enforcement Advisory Board. The motion was seconded by Councilman Hulett and carried unanimously. Councilman Schueler noted that the City Council had not been given the opportunity to interview the candidate in keeping with past practice. Reappointments to 2. Reappointments to Utility Advisory Committee Utility Advisory Committee Mayor Sargent reviewed the memorandum from the City Clerk. Councilman Braun moved to reappoint Bill Myers and Joe Michalczik to the Utility Advisory Committee for terms expiring as of December 31, 1997. The motion was seconded by Councilmember McKeown and carried unanimously. Councilmember McKeown advised the Council that both members of the UAC are a pleasure to work with; Bill Myers has done a commendable job serving as Committee Chair this past year. Council Member for 3. Council member for Solid Waste Consultant Selection Review Team Solid Waste Consultant Selection Mayor Sargent reviewed the memorandum from Public Works Director Pittis. She Review Team inquired as to whether there was any urgency in naming a Council representative, as it may be more appropriate to wait until the new Council members are seated to give them an opportunity to be involved. It was agreed by consensus that this matter would be deferred to the first Council meeting in January. Councilman Schueler emphasized how important this process has been and will 3173 CITY COUNCIL MEETING December 5, 1995 continue to be in furore years. Interlocal Agreement 4. Interlocal agrbement for Growth Management funds 1995-1997 for Growth Management Funds 1995 - 1997 Planning Director Collins informed the Council that staff had not anticipated receiving Growth Management Funds. He explained that a copy of the contract was contained in the packet, and he had distributed a draft of the scope of work which will be negotiated with the State. Upon completion of the negotiations, a contract will be made available for the Mayor's signature. Mayor Sargent explained that the City of Port Angeles will receive all the money and serve as the distribution agency. The distribution method has already been agreed upon without controversy. At Councilman Doyle's request, Director Collins explained why the Council is being asked to approve the contract prior to completion of negotiations with the State. Councilman Braun moved to approve the contract by authorizing the Mayor to sign the document.. Councilmember McKeown seconded the motion. At Councilman Ostrowski's request, Director Collins explained the formula for the allocation of funds. A vote was taken on the motion, which carried unanimously. AlloCation of Human 5. Allocation of Human Services Funds Services Funds Councilman Schueler gave a brief history of the way the City had dealt with this issue in the past and how he came to assist in determining allocation of funds. He explained that the City budgeted $129,000 for 1996, and his proposal equates to $128,859, including a 2 % administration fee to United Way. Councilman Schueler and the members of the United Way Board listen to agency requests for support, then he and United Way each determine a fair division of funds and ultimately compromise on final totals. Councilman Schueler stated there were several significant differences of which he felt the Council should be aware. The United Way felt the City should support the Peninsula Community Mental Health Crisis fund for substance abuse in the amount of $2,000 and the Salvation Army Emergency Services fund in the amount of $3,000. He disagreed and felt the City should adhere to the need to use as much money as possible for preventative services, and he felt the City should help fund the Diversified Industries new enterprise, Olympic Native Harvest. The City's percentage of funding for preventative services is 44%, which shows a gradual increase over the past few years. He then responded to questions posed by the other Council members and will return to the next meeting with more information regarding some of the programs and what services they provide. Mayor Sargent thanked Councilman Schueler for his time and effort in handling these requests. On another matter, Mayor Sargent offered comments pertinent to the Parks & Recreation monthly report. Also, brief discussion was held concerning the "egg wars~ and the damage and cost incurred. Manager Pomeranz assured the Council that discussions on this matter will be held with school administrators in an effort to resolve the problem. Break Mayor Sargent recessed the meeting for a break at 8:50 p.m. The meeting reconvened at 9:00 p.m. ADJOURN TO The meeting adjourned to Executive Session at 9:00 p.m. to discuss labor EXECUTIVE SESSION: negotiations for approximately 15-20 minutes. RETURN TO OPEN The meeting returned to open session at 9:30 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 9:30 p.m. y qe;k-q V .... Mayor -5- 3174 THIS PAGE INTENTIONALLY LEFT BLANK 3175 ' Exhibit "A" SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - K-PLY, SMA 95(11)152: Conditions: 1. The applicant shall retain a qualified archaeologist to be on site during any excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. 2. The Lower Elwha S'Klallam Tribal Council shall be notified prior to any excavation of soil. 3. The project shall comply with the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 4. The project shall comply with Chapter 4, Regulation D-5 and Chapter 6, Log Storage Regulations 5, 6, 7, and 8 as well as all other pertinent policies and regulations of the City's Shoreline Master Program. 5. The proposed use shall meet all requirements of the Port Angeles Municipal Code including parking, fire, and building code requirements. 6. If the construction results in expansion of the existing log slide area, expansion to the east will require location and protection of the Valley Creek culvert outlet. 7. The project must comply with all requirements of the State Department of Ecology which include possible water quality standards modification, erosion control methods, and discharge containment and inspection. 8. The applicant shall meet all of the conditions required by the State Department of Fish and Wildlife including a Hydraulic Project Approval. For the protection of food fish and shellfish resources work below the ordinary high water mark in the Port Angeles Harbor is generally restricted from March 15 through June 14 of any year. Projects are reviewed on a case by case basis. Findings: The applicant, K-Ply, Inc., applied for a Shoreline Substantial Development Permit on September 21, 1995. 2. A Mitigated Determination of Non-Significance (MDNS) was issued by the City of Port Angeles SEPA Responsible Official on September 27, 1995. 3176 3. During the comment period for the MDNS, which ran until October 12, 1995, comment letters were received from the State Departments of Ecology and Fish and Wildlife. Following the comment period a 10 day appeal period ran until October 22, 1995, during which no appeals were received. 4. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 5. The application is to replace an existing timber log slide with a mechanical steel rail system with a cable driven carriage system. 6. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 7. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban-Harbor and Aquatic-Harbor in the City's Shoreline Master Program. Conclusions: A. The project is consistent with the City's Comprehensive Plan Conservation Policy B-19 and D-3, the City's IH Zone, and the City's Shoreline Master Program's Urban Harbor Management Policies 1, 5, 6, 10, and 12. B. The project will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of December 5, 1995 Jo~ K. Sargent, Ma~a~ ATT-I sT:F- 3eck /J. uPton, City erk 3177 Exhibit "B" SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - CITY OF PORT ANGELES SMA 95(10)153, EDIZ HOOK: Conditions: 1. The applicant shall retain a qualified archaeologist to be on site and monitor any excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. 2. The Lower Elwha S'Klallam Tribal Council shall be notified when the excavation of the tank is to commence. 3. The project shall comply with the requirements of the City's Environmentally Sensitive Areas Protection Ordinance. 4. The tank shall be pumped and purged prior to its removal. 5. If evidence exists that the tank has leaked in the past and contaminated the soil and/or surrounding area, the contaminated areas shall be cleaned in accordance with state and federal regulations prior to any filling of the site. 6. The project shall comply with Chapter 4, Regulations C-4 and D-5 as well as all other pertinent policies and regulations of the City's Shoreline Master Program. 7. The proposed use shall meet all requirements of the Port Angeles Municipal Code including, fire, and building code requirements. 8. The applicant shall obtain an underground storage tank removal permit from the Port Angeles Fire Department and observe any conditions imposed on that permit. Findings: 1. The applicant, the City of Port Angeles applied for a Shoreline Substantial Development Permit on September 29, 1995. 2. A Mitigated Determination of Non-Significance (MDNS) was issued by the City of Port Angeles SEPA Responsible Official on October 25, 1995. 3. The City has received one comment from the Lower Elwha S'Klallam Tribal Council asking they be notified when work is to commence on the project. 4. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 3178 5. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance ~ have been reviewed with respect to this application. 6. The site is designated Open Space in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Plan. Conclusions: A. The project is consistent with the City's Comprehensive Plan Conservation Policy B-18 and D-3, the City's Industrial, Heavy Zone, and the City's Shoreline Master Program's Urban Harbor Management Policies 1, 5, 6, 10, and 12. B. The project will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of December 5, 1995 · Sargent, M~j.~r ATTEST: d geck J. City ( ierk