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HomeMy WebLinkAboutMinutes 12/07/2004 5477 CITY COUNCIL MEETING Port Angeles, Washington December 7, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:02 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Acting Manager Bloor, B. Collins, M. Connelly, D. McKeen, T. Riepe, Y. Ziornkowski, C. Hagar, C. Kochanek, S. McLain, S. Johns, D Bellamente, J. Swenson, B. Coons, and J. Seniuk. Public Present: T. Jennings, E. Tschimperle, T. Ahlgren, L. Little, R. Johnson, G. Gleason, B. Booher, C. Kidd, C. Schramm, P. Lamoureux, M. Lang, P. Schaefer, T. Maddox, M. Roon, D. Rodriguez, M. Miller, J. Harmon, R. Gotham, N. Newman, J. Hordyk, E. Chadd, E. Brown, V. Rudin, K. Reavey, J. & T. Elliott, L. Nutter, D. Sharbel, A. Brastad, and J. McClean. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Pittis. ALLEGIANCE: PUBLIC CEREMONIES, Proclamation re. Highway 101 Traffic Safety Project: PRESENTATIONS AND PROCLAMATIONS: Councilmember Munro served as a member of the Committee which this proclamation supports so, at Mayor Headrick's request, Councilmember Munro read the Proclamation re. Highway proclamation and invited everyone to attend the Public Kick Off Event scheduled for 101 Traffic Safety Project Wednesday, December 14, 2004, at 2:00 p.m. in the lobby of the Deer Park Cinema. Mayor I-Ieadrick thanked Councilmember Munro for his efforts on behalf of this project. WORK SESSION: None. LATE ITEMS TO BE At Attorney Bloor's request, City Council agreed to add one late item to the agenda PLACED ON THIS OR under Other Consideration, discussion of the 2005 Paddle Journey to be hosted by the FUTURE AGENDAS Lower Elwha Tribe. & PUBLIC COMMENT: Jack Harmon, P. O. Box 1928, Port Angeles, informed the Council that the letter dated November 22, sent by Diana Tschimperle, did not reflect the views of the Parks, Recreation & Beautification Commission. Paul Lamoureux, 602 Whidby, asked for an explanation of an expenditure noted on Page 32 of the packet, payment made to Simmons Electric for Plan Review of Obstetric in the amount of $894.83. Councilmember Rogers responded that this was for a plan -1- 5478 CITY COUNCIL MEETING December 7, 2004 LATE ITEMS TO BE review of Olympic Medical Center's remodel of the obstetrics ward, whichis part of PLACED ON THIS OR the Hospital's building permit. FUTURE AGENDAS & PUBLIC COMMENT: Mr. Lamoureux then asked when Councilmember Williams would give a report on the (Cont'd) Energy Convention he attended. This will be placed on the agenda for the meeting of December 21, 2004. David Chastain, 910 Pine Street, with the aid of Laura Gray, his helper, asked if consideration could be given to repairing the pot holes in the alley behind his home, as it is very difficult for him to maneuver his wheelchair down the alley to reach 8th Street. Mr. Chastain also inquired about wheel chair ramps being placed on the comers and if there was any possibility of a traffic signal being installed at the comer of 8th and Pine Streets. Deputy Director of Public Works & Utilities McLain will pass this request on to Director Cutler upon his return. Mayor Headrick suggested Ms. Gray make an appointment to meet with Director Cutler for further discussion of this matter. Larry Little, 1234 E. 2nd Street, distributed information to the CityCouncil regarding the North Olympic Discovery Marathon and read aloud a cover letter, which requests that the City Council consider financial support of this event, via Lodging Tax funds, which are distributed by the Chamber of Commerce on behalf of the City. Mr. Little informed the Council that the 2005 registration numbers for this event are 35% ahead of those for 2004. He assured the Council that the Marathon Committee is seeking outside funding sources; he offered to answer questions or provide additional information. Mayor Headrick asked Attorney Bloor for a response, and Attorney Bloor indicated the Council could choose to support the event and inform the Chamber of this decision. Councilmember Rogers, Chair of the Lodging Tax Advisory Committee, stated $80,000 has been set aside to support this type of event, and there is a process to be followed to ensure all those seeking funds are treated fairly and equally. She lauded the event as it has done much for this community. She offered to assist Mr. Little in any way she could. Mr. Little said the problem was that no checks had been forthcoming and, without proper funding, the event would have to limit participants in 2005, as the financial burden is on the Board. Mr. Little stated he was very frustrated, as he felt more tourists could be brought to the area if there was up-front funding. He also requested that a competitive advantage be given to events that can demonstrate the largest return on investment. Funding was received in 2004, and today he received a letter from the VCB denying support of the event for 2005. Further discussion followed, and Mr. Little responded to questions and provided clarification of several points. Councilmember Rogers offered to speak to the Chamber of Commerce regarding this issue and to work with Mr. Little regarding funding for this event. At Councilmember Erickson's request, Councilmember Rogers explained the process used for allocation of funding to events. The Council thanked Mr. Little for his input. FINANCE: None. CONSENT AGENDA: Counciimember Braun moved to accept the Consent Agenda, to include: 1 .) City Council Minutes of November 16, 2004; 2.) Expenditure Approval List - November 24, 2004 - $1,348,136.41; 3.) Electronic Payments - November 24, 2004 - $1,800,859.00; 4.) Peabody Heights Reservoir Cover, Project 00-167; and 5.) Peabody Street Reconstruction, Project 03-15. The motion was seconded by Councilmember Williams and carried unanimously. CITY COUNCIL Councilmember Rogers attended her first AWC Board of Director's meeting. It went COMMITTEE very well, and there are many issues that AWC is monitoring on behalf of the City, REPORTS: especially land use issues. She will be attending another meeting on Friday, December CITY COUNCIL MEETING 5479 December 7, 2004 CITY COUNCIL 17, 2004. Councilmember Rogers noted that the Governor recently held his Econormc COMMITTEE Development Council, and it is well recognized that this community has raised the bar REPORTS: (Cont'd) to other communities as far as the ability to do industry sector development, improving tourism, marine, timber, etc. She noted that when she attends meetings out of the area, it is well known what this area is doing to improve economic development. Councilmember Erickson announced that she had recently been appointed by the Governor as the AWC representative for the Forensic Investigation Council and will attend her first meeting on December 17, 2004. Councilmember Munro stated that he is a member of the Olympic Region Clean Air Authority (ORCAA) and, with some help from the North Olympic Timber Action group, the ORCAA's Director and Smoke Management Specialists went to Forks to meet with the shake industry. This was a good meeting and will have an indirect impact on the City of Port Angeles. Councilmember Williams inquired about additional funding for the Gateway Project, and Mayor Headrick asked Councilmember Rogers for clarification. Councilmember Rogers stated she received a phone call from Senator Murray, who was able to help support the City's funding gap with an additional $1 million. This will come through the Federal Transit Authority in the near future and can be used for a variety of needs related to the project. RESOLUTIONS: Amendment to Financial Management Policy: Amendment to Financial Director Ziomkowski briefly reviewed the information provided on the issue. Management Policy Following brief discussion and clarification, Mayor Headrick read the Resolution by Resolution No. 21-04 title, entitled RESOLUTION NO. 21-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the City's new Financial Management Policy and repealing Resolution 16-01. Councilmember Williams moved to pass the Resolution as read by title. Councilmember Pittis seconded the motion, which carried unanimously. ORDINANCES NOT Ordinance Amending Authorization for Use of Collection Agencies: REQUIRING PUBLIC HEARINGS: Attorney Bloor informed the Council that this was a housekeeping ordinance to comply with State Law; he summarized the information provided to the Council. Brief Ordinance Amending discussion and clarification followed. Councilmember Munro asked what departments Authorization for Use of dealt withthe collection agencies. Director Ziornkowski stated the Finance Department Collection Agencies acted on behalf of all departments except Police. Councilmember Munro felt Finance should act on behalf of all departments. Police Chief Riepe stated he would meet with Director Ziomkowski to discuss this matter. There was no action taken. OTHER 1. 2005 Paddle Journey Hosted by Lower Elwha Tribe CONSIDERATIONS: Attorney Bloor stated that the Lower ElwhaTribe would be hosting the 2005 Paddle 2005 Paddle Journey Journey planned for August 1 through August 6, 2005. It will be a significant event for both the Tribe and the community. The City has been invited to participate in providing staff or assistance for this event. Councilmember Munro spoke in favor of assisting the Lower Elwha Tribe. He felt this is a wonderful opportunity for the City as thousands of people will attend, thereby having a positive financial impact to the community. Councilmember Rogers stated the -3- 5480 CITY COUNCIL MEETING December 7, 2004 2005 Paddle Journey Tribe has already negotiated with local farmers to provide fresh produce for this event, (Cont'd) and she believes the City should be very supportive. Councilmember Williams supported the City's participation in the event, but asked if the City was being asked to provide funding. If so, the same process must be followed as with any other event requesting Lodging Tax funds. Discussion ensued, and Police Chief Riepe informed the Council that his department was working with the Tribe regarding cross deputizing, and the City Attorney and the Tribal attorney are working to ensure all legalities are addressed. Following further discussion and clarification, Councilmember Rogers suggested a Resolution of Suppor~ be prepared and passed at the next Council meeting. Attorney Bloor will prepare the Resolution for the meeting of December 21, 2004. Recess Mayor Headrick recessed the meeting for a break at 6:50 p.m. The meeting reconvened at 7:03 p.m. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - 1. 2005 Budget Hearing: OTHER: Mayor Headrick opened the public hearing at 7:04 p.m. 2005 Budget Hearing Ordinance No. 3178 Director Ziornkowski gave a PowerPoint Presentation, which included a budget message presented by Manager Quinn via tape, and highlighted the amendments to the 2004 budget and the changes to the 2005 Preliminary Budget. Themajor changes to the Preliminary Budget included changes in designation to reserves and future CIP in the General Fund, changes in equipment purchases in Utilities, and internal changes between the Solid Waste Landfill and Solid Waste Collection Funds. Director Ziomkowskireviewed the changes made to the General Fund, which amounted to a decrease of $194,105 due to an increase of $105,895 in property taxes based on higher new construction and a decrease in sales tax of $300,000 because of a delay in the graving dock projects. Director Ziomkowski briefly reviewed changes in the Electric, Wastewater, and Solid Waste Utilities, and Equipment Replacement. She concluded the presentation, stating the proposed 2005 budget is $76,308,000, and the proposed 2004 Amended Budget is $76,473,818. Director Ziomkowski then gave a brief PowerPoint Presentation of the final Property Tax levy for 2005. She reviewed the Ordinance adopted in Novemberand stated the assessed valuation of the City was unknown at that time, but based on the real estate market, a 10% increase in the assessed valuation was assumed. With this assumption, plus estimating $9 million in new construction, it was anticipated that the regular tax levy would be approximately $2.94 per $1,000 of assessed valuation. However, the final numbers received from the Assessor's Office assumed only a 5.9% increase in assessed valuation and estimated new construction at $24,438.260. By calculating the regular property tax, plus new construction, annexation, and the refund levy, the total regular tax levy is estimated at $3,505,750. This amounts to a tax rate of $3.04 per $1,000 of assessed valuation, which is $0.10 less than the 2004 levy. Director Ziomkowski then compared how the new rate affects the average homeowner and offered to answer any questions. Councilmember Williams stated he had met with Director Ziomkowskiafter £mding out about the Assessor's estimate of the City's assessed value being less than originally projected. He stated a 10% increase would have been a conservative estimate of the current assessed value. To double check that, numbers were run based on home sales in the area, and increases were found to be 25% to 35 % based on current market values. -4- CITY COUNCIL MEETING 5481 December 7, 2004 PUBLIC HEARINGS - Councilmember Williams felt this was a troubling trend. It jeopardizes purchases and OTHER: sales when assessed values are so far off. It has implications for future budgets, and he felt the City must serve notice to the Assessor's Office that this will be monitored 2005 Budget Hearing next year and that continuance of this practice cannot be tolerated. Ordinance No. 3178 (Cont'd) Director Ziomkowski stated that she and Councilmember Williams did an analysis between actual homes sold and the assessed valuation. This was done for the worst three monthperiod, January through March, and the numbers indicated an almost 35% increase in the assessed valuation. However, as she is not a professional assessor, she must rely on the information provided by the County Assessor's Office. Councilmember Williams said we have seen the fallout of this in the past. In 1994 or 1996, at Four Seasons Ranch, the assessed valuation jumped from 50% to 90%. Overall values were being driven and people were being taxed out of their fixed incomes. Director Ziomkowski reminded the Council that the public is protected by Initiative 747 and property tax cannot be increased by more than 1%. Councilmember Erickson stated that, as she is the attorney for the Assessor's Office, she will not be participating in any discussions pertinent to the Office. Councilmember Munro asked if the Senior Center Capital Expansion Project was part of the budget. Director Ziomkowski stated that it is not included in the budget; however, the funding for the project is available. It will probably be included in the Capital Facility Plan in Spring of 2005. Councilmember Braun asked Director Ziomkowski to explain the paragraph in her memo which stated that should the Council approve the reorganization, the net effect of budget changes are difficult to predict, especially in the event that additional services take place in lieu of savings. Director Ziomkowski stated that if the Council decided to increase field services for Parks, there are funds available in lieu of savings, as the budget has not been decreased due to organizational changes. Mayor Headrick opened the floor to public comment at 7:34 p.m. Bob Philpott, Planning Commissioner, stated that fellow Commissioner Fred Norton could not attend this meeting; however, he and Mr. Norton had met with Manager Quinn to discuss the reorganization. Mr. Philpott stated that Manager Quinn had assured them that the reorganization could be separated from the budget. He stated that the Planning Commission would like to meet with Director Collins to discuss this issue, and Manager Quinn assured them there would be time to meet with Director Collins prior to any changes taking place. Mr. Philpott wanted the Council to be aware of this, as it would have an affect on the way Council handles the separation of the reorganization from the budget. Ron Johnson, 1110 W. l0th Street, stated he is a member of the Parks & Recreation Commission, but was speaking tonight on his own behalf. He urged the Council to remove the reorganization from the Budget Ordinance, and he felt the Parks & Recreation Commission should have been involved in discussion regarding the reorganization. Damaris Rodriguez, 1114 W. 8th Street, a member of the Parks, Recreation & Beautification Commission, expressed her disappointment at the Council's decision to restructure the Parks and Recreation Department into the Public Works Department. Ms. Rodriguez listed the reasons she is unhappy with this decision and stated that the letter from Diana Tschimperle regarding Mr. Connelly in no way reflected her beliefs. Conncilmember Williams called for point of order. He felt that discussion of the reorganization was f'me; however, Section 3 of the Rules of Council state "no member of the City Council, employee of the City, or other persons present during Executive -5- 5482 CITY COUNCIL MEETING December 7, 2004 PUBLIC HEARINGS - Session of the City Council shall disclose to any person, the content or substance of any OTHER: discussion or action which has taken place during said Executive Session unless the majority of the City Council shall authorize such disclosure." Councilmember 2005 Budget Hearing Williams was concerned that if this turned into a public personnel evaluation, then Ordinance No. 3178 Council is clearly out of bounds. He asked Attorney Bloor to address this situation (Cont'd) before proceeding. Attorney Bloor stated that any matters that tended toward personnel evaluation or performance ofindividuallyidentifiedpeople are subject to Executive Session. Under the Council Rules, Executive Session matters should be treated in Executive Session unless a majority of the Council requests that they not be treated in Executive Session. In addition, under State Law for personnel matters, it is the person being discussed who has that right, not the City Council. Therefore, Councilmember Williams is correct. If someone wishes to direct testimony toward a specific person, good or bad, that would be inappropriate in the public forum. The comments should be restricted to the reorganization. Councilmember Erickson asked if it was acceptable for Diana Tschimperle to write a letter to the City Council, but unacceptable for theParks Board members to respond. Attorney Bloor stated it was permissible for them to state they disassociate themselves from the comments made in thatletter. However, it is not acceptable to bring up and discuss specific individuals. Councilmember Erickson moved that the letter received by the Council from Diana Tschimperle be torn up and not considered in any way by the City Council. The motion failed for lack of a second. Attorney Bloor stated there was no obligation for the Council to consider that letter. Councilmember Erickson stated that the City Council was then under no obligation to consider Ms. Rodriguez's comments either. Ms. Rodriguez then finished her comments, stating the Parks Director had done an incredible job, and she urged the City Council to not proceed with the reorganization of the Parks and Recreation Department. Vicci Rudin, 1002 Strait View Drive, spoke on behalf of the League of Women Voters of Clallam County. Ms. Rudin read aloud a letter to the City Council from the League of Women Voters, which stated that while the League supports government efforts to increase efficiency and enhance the allocation of available resources, it was asking the City Council to reconsider the organizational changes. Jack Harmon, P. O. Box 1928, said that while he spoke on behalf of no particular group, he felt he spoke on behalf of many. He said he understood the theory of the economy of scale, and everyone appreciates the value of fiscal responsibility, but he felt there was a lack of process in reaching the decision to reorganize. Mr. Harmon urged the Council to separate the reorganization from the budget process and allow for public input on this issue. Mayor Headrick stated that he understood the reorganization is an administrative process and, as such, does not require a public hearing. He said the Council has been criticized for not bringing the public into discussion of this issue, yet the public is being given that opportunity this evening. Council could have acted on this without a public hearing, without giving the public the opportunity to speak. He asked that it not be said that Council is acting unfairly or inappropriately by not bringing the community into this process, because part of the Council's job as administrators is to make administrative decisions. Terry Roth, 3042 Mt. Pleasant Road, a member of the Executive Committee of the Port Angeles Downtown Association, asked his fellow Board members to stand and be recognized. He asked the Council to carefully read the letter sent by the PADA, which -6- CITY COUNCIL MEETING 5483 December 7, 2004 PUBLIC HEARINGS - stated its position on the proposed reorganization. He asked the Council to pay close OTHER: attention to the areas of concern regarding community development that were outlined in that letter. Mr. Roth urged the Council to move carefully and bring good balance to 2005 Budget Hearing government. Ordinance No. 3178 (Cont'd) Gary Gleason, 2211 E. 7th Avenue, addressed three points that will impact the budget regarding the Discovery Trail issues. He distributed pictures to the City Council which he took in September demonstrating that the trail had not been mowed, weeded, or cared for appropriately. He stated his first concern was to see the trail better maintained, regardless of the reorganization. Second, he asked there be a public hearing on the Gateway project and asked that bike storage and access issues be fully explored for this project. He felt a large public outreach was necessary for the success of the project. Finally, Mr. Gleason offered his services to any appropriate committee to improve the Discovery Trail. He also suggested a guide book be written on the Trail, which would bring in more tourists. Darlene Ryan, 1217 E. Th Street, representing the Port Angeles Fine Arts Center and Chairman of the Board of Trustees, asked those present from the Fine Arts Center to stand and be recognized. Ms. Ryan thanked the City Council for its continued support of the volunteers who do an amazing job keeping the Fine Arts Center open to the public. Councilmember Pittis thanked Ms. Ryan for her efforts, and Mayor Headrick stated that he is very impressed with the volunteers in this community. Jean Hordyk, 1122 E. 9th Street, stated she was impressed with the budget and thanked the City Council for all its hard work. However, she requested the Council reconsider the reorganization and that it at least be postponed for one year and include the Boards and Commissions in the discussion process. She supported the motion to tear up the letter received from Ms. Tschimperle. Ed Chadd, 307 W. 6m Street, stated that getting public input before the fact would have eliminated many of the problems facing the reorganization. He further stated he supported the motion of Councilmember Erickson regarding tearing up the letter from Ms. Tschimpefle. Chuck Schramm, 829 E. First Street, spoke as a businessman and a member of the Planning Commission. He requested the reorganization be separated from the budget process and asked the Council to take time for further study of this issue. He also supported Councilmember Erickson's motion to destroy the letter from Ms. Tschimperle. Nancy Newman, 2711 W. 14th Street, stated she concurred with the comments made in opposition to the reorganization. She felt it should be dropped altogether, but at the very least postponed for further study. Tony Steinman, 1134 E. Second Street, said he was involved in a reorganization effort at his place of work. He felt Parks was different than Public Works, and this reorganization wouldn't work; therefore, he asked the Council to not act hastily. Mr. Steinman did commend the City Council for its saving efforts. Councilmember Braun agreed with Mr. Steinman and stated he said the same thing several weeks ago. He stated he was not in favor of taking 40+ Parks people and placing them in Public Works and did not see any rationale for this. Roger Wheeler, 514 Irving Jacobs Road, stated he is a contractor and is also very involved in recreational activities. Therefore, he has worked closely with both Public Works and Parks Department staff. Both are great to work with, but he felt it would be difficult to have Public Works handle recreational activities. He was against the reorganization. -7- 5484 CITY COUNCIL MEETING December 7, 2004 PUBLIC HEARINGS - Councilmember Erickson reminded the Council that she had a motion on the floorto OTHER: strike the reorganization from the budget ordinance. The more thought she gave to the idea and, taking into consideration the comments she heard regarding the 2005 Budget Hearing reorganization, she felt it would be an unmitigated disaster. Regarding the conflict Ordinance No. 3178 issue, Councilmember Erickson felt it was inappropriate to have a Director of (Cont'd) Economic Development in charge of the SEPA Official and the Building Official. Further, she stated she has read about China being an economic engine, and the one thing always pointed out is that China is consistently held back by corruption. She felt there was an analogy here, as the government has always erected firewalls to prevent conflicts, such as the one under discussion. She did not mean corruption in the form of pay-offs, but in the sense of perverting the system. Councilmember Erickson went on to describe other forms of corruption that have been problematic in the recent past, such as the occurrences on Wall Street and the expense involved in resolving these situations. Councilmember Erickson went on to express her displeasure and unease with following through with the reorganization. Councilmember Braun asked Councilmember Erickson to repeat her motion from the last meeting. Mayor Headrick felt the public hearing should be closed first and asked if there was any further testimony from the public. There being none, Mayor Headrick closed the public hearing at 8:25 p.m. Councilmember Erickson then restated the motion she made at the November 16, 2004, as follows: Councilmember Erickson moved to amend the proposed 2005 Budget to strike the restructuring of the current City departments wherein the Parks Department will be folded into Public Works and DCD will become the Department of Economic Development and be run by a Director of Economic Development. Councilmember Erickson then amended the motion to include: There will be no reduction in pay for either head of the Department of Community Development or the head of the Parks Department. The motion and the amendment were seconded by Councilmember Braun. There being no objection, the motion was considered as amended. Councilmember Braun reminded everyone that the City Council does not work for itself, but for all of the citizens, and he hears them loud and clear. He thanked everyone for being present tonight and taking time to participate in the budget hearing. Councilmember Williams asked for confirmation that the proposal regarding the reorganization does not drive the budget itself. Director Ziomkowski responded affirmatively, the budget can be approved either with or without the organizational changes. The budget is in place to support the decision the Council makes regarding whether or not to reorganize. Councilmember Williams agreed with Councilmember Erickson in that the Councilmembers not dictate to department heads, as that is the job of the City Manager. He stated he would be voting against the motion, as he believes in supporting the City Manager's position, and the City Manager has said he supports this action. Councilmember Williams said he would trust that the Council has hired the City Manager appropriately, trust him with his responsibilities, and trust that he will listen to the public input. Councilmember Munro echoed Councilmember Williams' comments and asked Councilmember Pittis his opinion of the reorganization, as he has worked as a consultant for other cities and has more experience in evaluating the success of this type of restructuring. Councilmember Pittis stated there are some cities that have done this, but most are in other states. Generally cities organize around their strengths in order to minimize their weaknesses. That is what he would rely upon the City Manager to do after hearing this input, to look at the City's strengths and weaknesses and manage it accordingly. Councilmember Pittis then stated that he has a relative working for the Parks -8- CITY COUNCIL MEETING 5485 December 7, 2004 PUBLIC HEARINGS - Department. He stated if any Councilmember has a concern with his voting on this OTHER: issue, he will step down. Councilmember Erickson stated she had a concern and asked Councilmember Pittis to recuse himself, which he did. 2005 Budget Hearing Ordinance No. 3178 Following further limited discussion, a vote was taken on the amended motion which (Cont'd) failed 2 - 4, with Couneilmembers Braun and Eriekson voting in support and Mayor Headrick, and Councilmembers Munro, Rogers, and Williams voting in opposition. Councilmember Pittis abstained. In studying the budget, Councilmember Williams said he understood there was no money included under Capital Improvements for fluoridation. Director Ziornkowski stated he was correct, there is no money in the budget for fluoridation, for supplies, or capital expenses. Councilmember Williams then asked how much money had been expended on this project in terms of staff time, and Director Ziomkowski responded a little more than $52,000. Councilmember Williams noted that, even though the City is supposed to receive a grant to cover the installation, the City is still spending money on fluoridation. Director Ziomkowski responded affirmatively. Councilmember Pittis asked to add $10,000 to the Council budget, which he understood had funding to adjust without increasing the total budget. Director Ziomkowski said that yes, the Council's budget had $160,000 for emergency use. Councilmember Pittis moved to use $10,000 of the Council's budget to provide for a public vote at the next election on whether or not to fluoridate the City's water supply. Councilmember Williams seconded the motion. Councilmember Williams felt that spending $10,000 for a vote on this issue would be a wise investment. Councilmember Erickson asked for time to think about this issue, and while she is not against it, she felt she needed time to think about it. Director Ziomkowski informed the Council that the vote was not necessary tonight, because the money is there for emergencies. Even if the budget is adopted this evening, projects can be added in the future as there are available funds. Councilmember Pittis asked to add this item to a future agenda for further discussion. This was agreed to by the Council, so Couneilmember Pittis withdrew his motion from the floor and Couneilmember Williams, as seconder of the motion, agreed. Councilmember Munro moved to proceed with the reorganization as outlined by the City Manager. Couneilmember Williams seconded the motion. Mayor Headrick stated that contrary to what some may believe, the Council is listening. He heard and understood what everyone had to say, but he views this from a different perspective. In part, there is information that the Council has that cannot be repeated. Mayor Headrick stated this has not been an easy decision. Any transition has some difficulties, but the goal is to do a better job, and he felt this reorganization would benefit the City of Port Angeles. A vote was taken on the motion, which carried by a majority, with Counciimembers Braun and Erickson voting in opposition and Couneilmember Pittis abstaining. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3178 AN ORDINANCE of the City of Port Angeles amending the 2004 budget, adopting the 2005 budget, and providing for a cost of living increase for certain city employees. Councilmember Pittis moved to adopt the Ordinance as read by title. Couneilmember Williams seconded the motion, which carried unanimously. 5486 CITY COUNCIL MEETING December 7, 2004 Break Mayor Headrick recessed the meeting for a break at 8:40 p.m. The meeting reconvened at 8:54 p.m. Municipal Code 2. Municipal Code Amendment - MCA 04-02 - City-wide: Proposed Amendment- MCA 04-02 - ~lmendments to Various City Development Regulations Particularly Titles 3, City-wide 14, 15, 16, and 17 of the Port Angeles Municipal Code, and Three Area-wide Ordinance No. 3179 Rezones for RS-11, Community Shopping District, and Public Buildings and Ordinance No. 3180 Parks (Continued from November 16, 2004): Ordinance No. 3181 Mayor Headrick opened the public hearing at 8:54 p.m. Joel Elliott, 2710 W. 14~ Street, spoke in support of creating the RS-II District, especially in his neighborhood where there has been a problem with standing water. If the RS- 11 District is created, it will cut back on development and hopefully decrease the water problem. At Council's request, Mr. Elliott explained that Milwaukee Drive was his cross street and provided clarification as to where his property is located. Nancy Newman, 2711 S. 14~ Street, stated she was Mr. Elliott's neighbor. She also was in support of RS-11for reasons similar to Mr. Elliott's. She stated that since development has increased at Butler and 18~h Streets, she has noticed a difference in the amount of water runoffin her yard. She stated she supports the RS-11 District for the area north of 16~ Street, as this is in a sensitive range where the impacts of stormwater and the nature of the area make it nonsensical to zone it for medium density housing. Ms. Newman noted that the impact of the rain on the gravel roads in this area calls for continuous filling of dangerous potholes, and this filling is currently being done by one of the neighbors. Councilmember Pittis asked for clarification of where she would like to see the RS-11 zoning placed, and Ms. Newman felt that ideally it would be on both sides of Milwaukee Drive. Councilmember Williams understood that an RS- 11 zone would preclude lots smaller than 11,000 square feet, but asked if an area was zoned RMD or RS-7 could the lots be larger. Director Collins answered affirmatively. Ms. Newman again stressed the importance of changing the zoning, because of the impact denser housing would have on stormwater, as well as the impact on the surrounding lots in terms of how the water is conveyed Andy Brastad, 1622 Milwaukee Drive, stated his home is located just off 1 sth Street. He also supported the RS-11 designation and also supported that designation for both the north and south sides of Milwaukee Drive. Mr. Brastad agreed with the comments made by Mr. Elliott and Ms. Newman and also noted that if you look at the bluffline, which is located near where these density changes would occur, you would see that there have been changes caused by erosion. He stated that an increase in stormwater would react with the bluff and cause more problems. Environmental impacts could be avoided by good planning now. Tamara Elliot-t, 2710 W. 14th Street, also spoke in support of creating the RS-11 District, but was concerned about the project already in place on Cronauer's property. She stated that Mr. Cronauer wishes to put up four-plexes; she was concerned about the impact of this project should he develop his whole piece in this manner, as there is no plan for stormwater, and there has been a past problem. Director Collins stated that Mr. Cronauer plans on putting ten four-plexes on his property, but has applied for a building permit for one four-plex. If the Council votes to apply the RS- 11 zoning to both sides of Milwaukee Drive, Mr. Cronauer will not be vested for all of his plan, but would be vested for one four-plex. Ms. Elliott asked if Mr. Cronauer would be mandated to put in a street. Director Collins stated that he would have to pave the street back to the nearest fully improved street before building - 10- CITY COUNCIL MEETING 5487 December 7, 2004 Municipal Code the four-plex. Amendment- MCA 04-02 - City-wide Associate Planner Johns used PowerPoint slides to give a brief overview of the Ordinance No. 3179 development regulations update for 2004. Mr. Johns stated that major updates were Ordinance No. 3180 made to the Critical Areas Ordinance and the Zoning Code and minor updates made to Ordinance No. 3181 the Subdivision Ordinance and the Sign Code. Mr. Johns reviewed the changes made (Cont'd) in the Critical Areas Ordinances and explained why they were necessary. Director Collins pointed out that the Growth Management Act has mandated that these inclusions of best available science be added to "Comprehensive Plan Policies" and in some measures, to the development regulations. Under the Zoning Code changes, Director Collins stated four new zones were added: the RS-11, CR (Commercial Regional), MI (Marine Industrial) and PID, Planned Industrial Development Overlay Zone. Director Collins reminded the Council that there was a question on the height definition included in the proposed changes to the Zoning Code. Based on comments received, that definition has been returned to committee for further study. Director Collins said there were three proposed area-wide rezones, RMD and RS-9 to new RS-11 near Milwaukee Drive; CN to CSD near 8~h and Lincoln and IL to PBP near the City Landfill. Using PowerPoint, a map was displayed showing the current zoning, and Director Collins described the requirements of each. Director Collins responded to questions and provided clarifications regarding the various zones, their locations, and the requirements for each. For the first proposed rezone, RMD and RS-9 to RS-11, a map was displayed which demonstrated the area under consideration. Director Collins stated that when the Comprehensive Plan was changed in June, a portion of the RMD along 8th and 16® was left unchanged. The remaining portion of the subject area was changed to Low Density Residential, which is the reason why staff came forward with this proposal to return a low density proposal to this area. Councilmember Williams asked and Director Collins confirmed that the underlying zoning does not conform to the Comprehensive Plan designation. And, as it exists currently, the yellow area on the map is pre-existing, non-conforming according to the Comprehensive Plan. Director Collins stated that, from the land use point of view, either the zoning or the Comprehensive Plan must be changed. Since the Comprehensive Plan was just changed, staffproposes to change the zoning. Lengthy discussion followed, and Director Collins responded to questions and provided clarification, especially regarding the need for areas to be zoned RMD, as there is a shortage of this zoning designation at present time. Councilmember Williams moved to accept the Alternate RS-11 area. Councilmember Rogers seconded the motion. Councilmember Pittis stated he could support this motion if the Planning Commission was asked to study replacement areas for RMDs. Associate Planner Johns informed the Council that replacement of RMD zones is on the list for Comprehensive Plan amendments in 2005. Councilmember Pittis asked that the motion be amended to have the Planning Commission consider addressing the needs of the neighborhood along Milwaukee Drive if possible, and where replacement RMD zoning be found within the City. Couneilmember Williams, as maker of the motion, and Councilmember Rogers, as seconder, agreed to this amendment. There being no objection, the motion was considered as amended. Associate Planner Johns pointed out that the Ordinance creating the RS-11 zone had not yet been adopted. He stated that there is one Ordinance to cover three rezones, and if the Council wished, it could defer voting on each of the rezones until the end of the presentation and approve all three with one vote. Mayor Headrick noted he did not -11- 5488 CITY COUNCIL MEETING December 7, 2004 Municipal Code have the ordinances in his packet and Director Collins stated they had been placed in Amendment-MCA 04-02- the Council's mailboxes separately as they were very bulky. City-wide Ordinance No. 3179 Councilmember Williams recognized a woman in the audience who lived in the area Ordinance No. 3180 under discussion and asked if she wished to address the Council on the issue. Ordinance No. 3181 (Cont'd) Mary Meyer, 1504 McDonald Street, noted that the large rocks on the beach were eroding very quickly, especially in front the trailer park area and two other lots. As this erosion increases, it will bring the wave action closer to the bank. She agreed that there is a water problem, and two roads are often flooded in the winter time. Ms. Meyer stated she was supportive of the RS-11 designation for this area. There was no further testimony and Mayor Headrick closed the public hearing. Mayor Headrick called for a vote on the motion and Associate Planner Johns pointed out that the Ordinance creating the RS-11 had not yet been adopted. Therefore, Counciimember Erickson called for the amended motion to be approved pending the adoption of the RS-11 zone. A vote was taken on the amended motion, which carried unanimously. Councilmember Williams moved to extend the meeting beyond 10:00 p.m. Councilmember Munro seconded the motion, which passed by a majority with Councilmembers Braun and Erickson voting in opposition. Mr. Johns then displayed the map demonstrating the proposed 8th Street rezone and described the area which would be affected. Councilmember Rogers stated that she was a tenant in the area under discussion and offered to recuse herself if Council felt it was a conflict of interest. Councilmember Williams stated he lived a block away from the subject property and also offered to recuse himself if necessary. Being both were tenants and did not own the property, Council did not feel there was a conflict. Councilmember Erickson moved to approve the proposed 8th Street rezone from Commercial, Neighborhood to Community Shopping District. Councilmember Pittis seconded the motion, which carried unanimously. Mr. Johns then displayed the map demonstrating the proposed rezone near the landfill. Mr. Johns explained that this rezone would allow the City to build its water treatment plant without meeting the setback that would be required if the land remained Industrial Light. Councilmember Rogers noted it allows the Federal government to build the water plant for the City. Councilmember Williams asked if this plant would include a fluoride installation, and Mr. Johns responded negatively Following brief discussion and clarification, Couneilmember Williams moved to approve the proposed Rezone near the Landfill from Industrial Light to Public Buildings and Parks. Couneilmember Rogers seconded the motion, which carried unanimously. Associate Planner Johns then quickly reviewed the amendments to the Subdivision Ordinance and the Sign Code and noted that Park Impact Fees have been returned for further study. Councilmember Pittis stated he had asked questions of Mr. Johns regarding streetscape improvements covered in the Subdivision Ordinance, and he indicated staffwas working on urban standards that would reinforce the street trees and landscaping areas. Councilmember Pittis felt he was comfortable with this. Referring to the Zoning Code, he noted that the density increase in the PRD was being eliminated. He was informed by Mr. Johns that this had been a disincentive to a Planned Residential Development; therefore, this change is being made. Director Collins stated there were Findings and Conclusions for the Municipal Code amendments, as well as for the rezones themselves, and asked Mr. Johns to make - 12- CITY COUNCIL MEETING 5489 December 7, 2004 Municipal Code distribution of those documents· Director Collins noted that the City Attorney had Amendment - MCA 04-02 - supplied additional Findings and Conclusions, which were placed on the Council's dias City-wide earlier. Director Collins pointed out that there were three Ordinances placed on the Ordinance No. 3179 dias. The first dealt with Titles 14 through 16, the second dealt with Title 17, and the Ordinance No. 3180 Ordinance dealing with the Rezones. The Findings and Conclusions deal with all of Ordinance No. 3181 those, plus the specific Findings and Conclusions for the three rezones. (Cont'd) Councilmember Erickson moved to adopt the Ordinances as read by title, with the appropriate Findings and Facts and Conclusions of law for each. Councilmember Munro seconded the motion. Mayor Headrick then read the Ordinances by title, entitled ORDINANCE NO. 3179 · '~ A,N ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's development regulations to be consistent with the City's revised Comprehensive Plan by adding a new Chapter 15.02 Definitions, and amending Chapters 14.36, 15.20, 15.24,15.28, and 16.08 of the Port Angeles Municipal Code. ORDINANCE NO. 3180 AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's development regulations to be consistent with the City's revised Comprehensive Plan by amending portions of the Zoning Code, Title 17, of the Port Angeles Municipal Code. ORDINANCE NO. 3181 AN ORDINANCE of the City of Port Angeles, Washington, rezoning three areas of property. A vote was taken on the motion, which carried unanimously. Street Vacation Petition - 2. Street Vacation Petition - STV 04-01 - Reid - Portion of l 6/17 Alley East of STV 04-01 - Reid - ".4 "Street in Block 444 (Continued from November 1, 2004): Portion of 16/17 Alley East of"A" Street in Hearing no objections, this matter was continued to January 4, 2005. Block 444 Councilmember Braun felt this matter should not be returned to the City Council until matters are settled with Mr. Reid. Director Collins stated that Mr. Reid would like the City to take action if there is no agreement by January 4, 2005. INFORMATION: None. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for one-half hour for four items under the authority of RCW 42.30.110(i), to discuss with Legal Counsel matters relating to agency litigation or potential litigation, and one item under the authority of RCW 42.30.140, that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. Director Ziomkowski reminded the Council that the Employee Association Holiday - 13- 5490 CITY COUNCIL MEETING December 7, 2004 EXECUTIVE SESSION: party was going to be held on Saturday, December 11, 2004. If anyone still needed tickets, they could see her. Also, she thanked the Council for their generous donations toward raffle gifts for that party. The Mayor called an Executive Session per RCW 42.30.110(g) and (i) and 42.30.140(4) for 40 minutes, which convened at 10:40 p.m., and at approximately 11:15 p.m., the Session was extended to 11:45 p.m. by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 11:45 p.m., and the Council reconvened in regular SESSION: open session. ADJOURNMENT: The meeting was adjourned at 11:45 p.m. R~hard A- H~adric~c, Mayor Becky J.-U~o~City~lerk- -- ~- - 14- Exhibit "A" 5491 FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENTS MCA 04-02 Findings: 1. The Washington State Legislature mandated that the City of Port Angeles: a. Establish an early and continuous public participation process for updating comprehensive plans and development regulations; b. Thoroughly review comprehensive plans and development regulations and identify any deficiencies or inconsistencies with the Growth Management Act; c. Update comprehensive plans and development regulations as needed by December 1, 2004; d. Include best available science in developing policies and development regulations to protect the functions and values of critical areas. 2. The City of Port Angeles established a public participation process called "2020 Vision for Port Angeles" to update its Comprehensive Plan. Over 20 civic organizations and clubs, business groups, and governmental bodies were contacted by representatives of the Citizen Advisory Committee to encourage participation through those groups. The program included four open house meetings at the Vern Burton Center during the week of February 9 through 12, nine neighborhood meetings between February 24, and March 10, at locations including the library, Peninsula College, Fairchild Airport, Port Angeles High School, & Stevens Middle School, and a round table meeting for civic organizations at Vern Burton on March 11 (Neighborhood meeting dates, February 24, 25, 26, March 1, 2, 4, 8, 9, & 10). Representatives from 6 civic organizations, representing approximately 300 members, spoke at the March 11, meeting at the Vern Burton. Over 200 questionnaires were returned or responded to on the web site. Comments on the City's Comprehensive Plan and Development Regulation updates were received from EDC, PABA, Port Angeles Association of Realtors, Olympic Environmental Council, Clallam County Community Development Department, Clallam County Trails Advisory Committee, Peninsula Trails Coalition, Port Angeles Senior Center, Washington State Department of Ecology, and Washington State Department of Community, Trade, and Economic Development. 3. The 2004 Port Angeles Comprehensive Plan updates were the culmination of a three year review and phased update process that began in 2001. 4. The City of Port Angeles adopted final Comprehensive Plan updates on June 14, 2004. 5. The City's Comprehensive Plan Land Use Map was revised in June from a Medium Density Residential to a Low Density Residential designation along Milwaukee Drive to reflect new policies regarding low impact development and public comments from area residents. 5492 6. The City of Port Angeles thoroughly reviewed its Critical Areas Ordinances, Zoning Code, and Subdivision Ordinance for consistency with the Growth Management Act and similar codes from neighboring jurisdictions. 7. Changes to the Critical Areas Ordinance included the addition of the use of best available science when evaluating critical areas and impacts to critical areas. 8. A wetlands functional assessment method was added to the Wetlands Protection Ordinance to enhance evaluation of wetlands based on a functions and values approach. The functional assessment method was modeled from the Clallam County Code. 9. A vegetation management section was added to protect environmentally sensitive areas and their buffers. 10. During its review process, the City of Port Angeles conducted a survey of land available for industrial and commercial development or redevelopment based on parcel size, environmental constraints on the land, and availability for development to ensure sufficient buildable lands for meeting the City's economic goals. 11. The City of Port Angeles made revisions to its Critical Areas Ordinances, Zoning Code and Subdivision Ordinance based on comments received during the public participation process, the review of its codes, and comparison to codes from other jurisdictions. 12. The City of Port Angeles held public hearings on the proposed development regulation updates before the Planning Commission on September 22, October 13, and October 27, 2004 and before the City Council on November 1, November 16, and December 7, 2004. 13. Comment letters regarding the proposed development regulation updates were received from DCTED, PSWQAT, PAAR, and one individual citizen. All comments were thoroughly reviewed and considered before the final draft of the development regulations was completed 14. SEPA review was competed by issuing a Determination of NonSignificance and the adoption of the DEIS for the 1994 Comprehensive Plan, FEIS for the 1994 Comprehensive Plan, lst addendum to the FEIS, 2nd Addendum for the FEIS, Draft Supplemental EIS for the 1995 Zoning Code, Final Supplemental EIS for the 1995 Zoning Code, and the Final Supplemental EIS for the 1995 Shoreline Master Program on October29, 2004. (DNS 1090) Conclusions: 1. The public process used to develop the proposed updates to the City's development regulations meet the requirements established by the Growth Management Act. 5493 2. The creation of the RS-11 zone will allow residential development at an urban density of 4 dwelling units per acre. Development at 4 dwelling units per acre is more consistent with the densities in the Urban Growth Area than current City zoning densities. 3. The creation of the RS-11 zone is consistent with recently adopted low impact development standards. 4. Approval of the proposed area-wide rezones are consistent with the Comprehensive Plan, Land Use Map and Land Use Element Policies Al, A2, C2, C3, I1, I2, 13, and I4, and Objective Al, and Conservation Element Policy A3, B3, and B4. 5. Responses to comments received from agencies and the public were incorporated into the proposed development regulation updates or were considered and will receive further study by staff for future inclusion into the development regulations. 6. The changes to the Critical Areas Ordinances take into consideration best available science and will provide additional protection to environmentally sensitive areas and their buffers. 7. The development regulations are consistent with the Growth Management Act and with the City's Comprehensive Plan. 8. The City has used best available science in development the policies underlying the development regulations. Adopted by the Port Angeles City Council at its meeting of December 7, 2004. Richard A. Headrick, Mayor Exhibit "B" 5494 FINDINGS AND CONCLUSIONS IN SUPPORT OF ZONING MAP CHANGE FROM RMD AND RS-9 TO RS-11, LOCATED ADJACENT TO MILWAUKEE DRIVE Findings: 1. The area proposed for rezone is located in the City's northwest Planning Area. 2. The City of Port Angeles Comprehensive Plan Map designates the area proposed for rezone as Low Density Residential (LDR). The site is currently zoned Residential Single Family (RS-9), and Residential Medium Density (RMD). 3. The area proposed for rezone from Residential Single Family (RS-9) and Residential Medium Density (RMD) to Residential Single Family (RS-11) is described as the area bounded on the east by Milwaukee Drive, the 16th Street right-of-way on the south, 10th Street and the Strait of Juan de Fuca on the north, and the cemetery on the west, with the exception of the area currently zoned RTP. 4. Large lot, single family residential development and low impact street improvements are taking place in the area. Conclusions: 1. The proposed rezone of the subject area is consistent with the City of Port Angeles Comprehensive Plan. 2. The proposed rezone is in the public interest and will enhance economic development in the City and will facilitate low impact development and low density residential uses in environmentally sensitive areas and thereby will reduce stormwater impacts. Adopted by the Port Angeles City Council at its meeting of December 7, 2004. R}chard A Headric'c'c'~, Ma~or Be-"~ky J. Upq, C~¢t~ Cleric 7- - Exhibit "C" 5495 FINDINGS AND CONCLUSIONS IN SUPPORT OF ZONING MAP CHANGE FROM IL TO PBP, LOCATED ADJACENT TO THE CITY OF PORT ANGELES' LANDFILL Findings: 1. The area proposed for rezone is located in the City's northwest Planning Area. 2. The City of Port Angeles Comprehensive Plan Map designates the area proposed for rezone as Industrial. The site is currently zoned Industrial Light (IL), and is adjacent to an area zoned Public Buildings and Parks (PBP) for the City's Landfill, which is considered an industrial use. 3. The area proposed for rezone from Industrial Light (IL) to Public Buildings and Parks (PBP) is described as Parcel # 0630001173000000, Lot 173 except S & E of right-of-way Recorded in Surveys Volume 56 Page 10. 4. The area proposed for rezone is adjacent to the City's Landfill and the site designated for the water treatment plant associated with the removal of the Elwha Dam. Conclusions: 1. The proposed rezone of Parcel # 0630001173000000, Lot 173 except S & E of right-of- way Recorded in Surveys Volume 56 Page 10 is consistent with the City of Port Angeles Comprehensive Plan. 2. The proposed rezone is in the public interest and will provide for efficient siting of the new water treatment plant. Adopted by the Port Angeles City Council at its meeting of December 7, 2004. Richard A. Headrick, Mayor Becky J. 'Ul~n, ~ty (~eJk I - -- Exhibit "D" 5496 FINDINGS AND CONCLUSIONS IN SUPPORT OF ZONING MAP CHANGE FROM CN TO CSD, LOCATED ADJACENT TO 8TM STREET Findings: 1. The area proposed for rezone is located in the City's North Central Planning Area. 2. The City of Port Angeles Comprehensive Plan Map designates the area proposed for rezone as Commercial. 3. The area proposed for rezone from Commercial Neighborhood (CN) to Community Shopping District (CSD) is described as the area adjacent to both sides of 8'h Street between Laurel and Oak Streets extending one half block deep to the 8/9 alley on the south and the 7/8 alley on the north, and between Chase and Peabody Streets extending one half block deep to the 8/9 alley on the south and the 7/8 alley on the north. 4. New development and building redevelopment are taking place in the subject area. Conclusions: 1. The proposed rezone of selected areas along 8th Street between Laurel and Oak Street and Peabody and Chase Street is consistent with the City of Port Angeles Comprehensive Plan. 2. The proposed rezone will facilitate new development and building redevelopments that are taking place in the subject area. 3. The proposed rezone is in the public interest and will enhance economic development in the City. Adopted by the Port Angeles City Council at its meeting of December 7, 2004. Ri]ghard A. Headrick, Mayor