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HomeMy WebLinkAboutMinutes 12/20/1994 2929 CITY COUNCIL MEETING Port Angeles, Washington December 20, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:10 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, Deputy Clerk Hagar, S. Brodhun, B. Collins, S. Ilk, J. Pittis, B. Titus, Y. Ziomkowski, B. Becket, M. Campbell, and G. Kenworthy. Public Present: A. Dunker, R. Thomas, M. Umbarger, L. Hansen-Karl, R. Dearinger, D. Haft, M. Schaad, J. Schwagler, L. Reed, S. Oliver, J. Austin, B. Longshore, J. Nelson and P. Kennedy. Hotel/Motel Tax 1. Hotel/Motel Tax Allocations Allocations Mayor Sargent explained that the purpose of this meeting was to give final consideration to the 1995 budget. Manager Pomeranz indicated there were three areas of concern: (1) hotel/motel tax allocations; (2) human services funding; and (3) a request by the Downtown Association for City funding. Councilman Doyle reported that he had spoken to other Council members on an individual basis in an effort to get their opinions on the allocation of funds from hotel/motel taxes. He distributed a list of proposed allocations which he felt represented an average of the figures he had gleaned during his conversations with the other Council members. Councilman Doyle expressed the opinion that the current method of determining allocations is in need of improvement, as criteria should be established in order to determine need. He cited the methodology used in determining human services funding and suggested this process may be applicable in allocating hotel/motel taxes. In the ensuing discussion, the Council members agreed the process was in need of change, and that a committee may be appropriate for this purpose. Mayor Sargent thanked Councilman Doyle for his efforts. Consideration was then given to the allocation for the Symphony. It was suggested that funding for the Symphony come out of the General Fund, rather than from hotel/motel taxes. However, Manager Pomeranz felt that this could possibly open the door to many other organizations seeking money from the General Fund, and it would be hard to say "yes" to one and "no" to another. After lengthy discussion, with each Council member expressing an opinion on the allocations, the following was agreed upon: Symphony Orchestra $ 1,000 Arthur D. Feiro Marine Lab 5,400 Derby Days 3,000 Museum 7,500 World Affairs Council 250 Juan de Fuca Festival of the Arts 6,000 North Olympic Peninsula Visitor & Convention Center 32,500 Chamber of Commerce 47,000 Human Services Funding Manager Pomeranz advised the Council that Councilman Schueler had put a lot of effort into the Human Services proposal; he asked if there were any concerns. Mayor Sargent replied that Councilman Schueler had answered all questions satisfactorily, and it was the general consensus of the Council that Councilman Schueler had done a frae job on the allocations. The Council was in agreement with the distribution of funds as presented. Manager Pomeranz suggested that hotel/motel allocations might be handled in a similar fashion in the future. - 1 - 2930 CITY COUNCIL MEETING December 20, 1994 Downtown Association The Council considered the Downtown Association's request for $10,000. Request for Funding Councilman Doyle felt that the City does a great deal for the downtown, such as the new sidewalk program. Presently, the City is in the process of replacing pedestrian lights, and the downtown merchants are attempting to reimburse some of the cost to the City by means of selling plaques to dedicate the lights. Councilman Doyle suggested that some of this money could be returned to the downtown merchants if they have beneficial programs where this money could be put to good use. Councilman Ostrowski moved to delete the $10,000 for the Downtown Association from the 1995 budget. Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ADJOURN SPECIAL The special meeting was adjourned at 7:03 p.m. MEETING: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:15 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Boy Scout Troop #1458, sponsored ALLEGIANCE: by the Loyal Order of Moose Lodge 996, J. Anticevich, Scoutmaster. Those participating were Jim Cates, Travis Wilson, and William Hanley. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the special meeting of MINUTES: December 2, 1994. Councilman Braun seconded the motion, which passed by a majority vote, with Councilman Schueler abstaining. Councilman Braun moved to approve the minutes of the special meeting of December 3, 1994. Councilmember McKeown seconded the motion, which passed by a majority vote, with Councilman Schueler abstaining. Councilman Schueler moved to approve the minutes of the regular meeting of December 6, 1994. Councilman Hulett seconded the motion, which carried unanimously. Councilmember McKeown moved to approve the minutes of the special meeting of December 9, 1994. Councilman Ostrowski seconded the motion, which carried by a majority vote, with Councilman Schueler abstaining. CEREMONIAL None. MATTERS/ PROCLAMATIONS: CITY COUNCIL Councilman Hulett attended a meeting on the hotel/motel 2 % tax increase and the COMMITTEE Youth Task Force meeting. REPORTS: Councilmember McKeown attended the hotel/motel tax meeting, a School Concurrency Task Force meeting, and the Utility Advisory Committee meeting. Councilman Ostrowski attended the Peninsula Regional Transportation meeting and a Real Estate Committee meeting, Councilman Schueler attended the Solid Waste Advisory Committee meeting and requested that Council read his written report regarding a county-wide Solid Waste District. Councilman Schueler also attended a meeting on the newsletter, a Library Committee meeting, and the Clallam County Community Network Group where by- laws were established. Councilman Doyle attended the Real Estate Committee meeting, as well as the hotel/motel tax meeting, and an Olympic Air Pollution Control Authority meeting. Councilman Braun attended all the special Council meetings, as well as the Utility Advisory Committee meeting, the Clallam Transit meeting, and Real Estate Committee meetings. Mayor Sargent attended an AWC Board meeting~,m~l~e)~ ~0/enefits and Risk Management meetings, the dedication of the new 'l~'~q'~aII a'~ Feninsula College, and the EDC meeting. Mayor Sargent announced that Bob McCool was the gentleman who donated the downtown Christmas tree, and a letter of thanks was sent -2- 2931 December 20, 1994 CITY COUNCIL to Mr. McCool by the Parks & Recreation Department. Mayor Sargent stated that COMMITTEE it was a beautiful tree, and the general public should be made aware of the REPORTS: (Cont'd) benefactor. FINANCE: I. Final Acceptance of Wastewater Treatment Plant Project 87-5 Final Acceptance of Mayor Sargent reviewed the information provided by the Public Works Department. Wastewater Treatment Plant Project 87-5 Councilman Ostrowski moved to approve Payment No. 26 along with Change Order No. 19 for the Wastewater Treatment Plant construction in the net amount of $10,646.04 to Pease & Sons, Inc., and $3,297.54 to the Bank of California for retainage, provided that prior to said final payment the contractor shall execute and deliver to the City a release of all claims, and further it is · moved to accept the project and authorize the release of retainage in the amount of $706,046.37 upon receipt of the required releases from the Washington State Departments of Revenue and Labor & Industries and expiration of the required statutory period. Councilman Braun seconded the motion. Councilman Doyle noted that $1 + million was paid in sales tax alone on this project. Councilman Ostrowski expressed concern over the guarantee of the work. City Engineer Kenworthy explained that there were a series of warranties for various stages of the project, and these last for one year. After further brief discussion, a vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: (1) Voucher list for - December 16, 1994 - $565,513.21; and (2) Payroll - December 43, 1994 - $381,858.35. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Ralph Thomas, 1217 W. 19th St.; Mike Schaad, 219 Hawthorne Place; Jim Nelson, AUDIENCE/COUNCIL/ 1121 W. 17th St.; Betty Longshore, 1114 W. 16th St.; and Jerry Austin, 1305 E. STAFF TO BE First Street; each requested to address Item C. 1. CONSIDERED OR PLACED ON A Councilman Ostrowski requested that Item E.6. be deleted from the agenda. This FUTURE AGENDA: item will hopefully be ready for the next meeting. Regarding Item C.I., Mayor Sargent stated that she was concerned over the appearance of fairness on this issue, as a rezone is still required in this project. The Mayor would prefer that this item be deleted from the agenda until such time as all concerns have been addressed. Councilwoman McKeown moved to delete Item C. 1. from the agenda. Councilman Braun seconded the motion, which carried unanimously. Mayor Sargent requested that, if this item is placed on a future agenda, those individuals who indicated a desire to address the issue be so notified. LEGISLATION: A. Public Hearings Amendment to Chapter I. Amendment to Chapter 15.04 of the Port Angeles Municipal Code - 15.04 PAMC - Amendment to Chapter 15 (Environment) of the PAMC for consistency with Ordinance No. 2847 the recently adopted Comprehensive Plan Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:44 p.m. There was no one present who wished to address the issue, and the public heating was closed at 7:44 p.m. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2847 AN ORDINANCE of the City of Port Angeles, Washington, amending the City's SEPA ordinance, by revising the list of policy documents to be applied in denying or conditioning actions pursuant to SEPA, and amending Ordinance 1886, as amended, and Chapter 15.04 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the Ordinance as read by title, citing Findings 1 - 10, and Conclusions A - B, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion. Councilman Schueler expressed concern with the City being over- regulated due to the Comprehensive Plan. A vote was taken on the motion, which carried unanimously. -3 - 2932 CITY COUNCIL MEETING December 20, 1994 LEGISLATION: 2. Urban Services Ordinance and Comprehensive Plan Amendment Process (Cont'd) Ordinance - Review of the City's development regulations and implementation of the Comprehensive Plan Urban Services Ordinance Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:51 p.m. Art Dunker, 2114 W. 6th Street, representative of the North Olympic Peninsula Home Builders Association and the development community, reminded the Council that the Planning Commission had recommended this item be continued. He requested that the Council agree to this continuation, as more research is necessary. Bob Winters, 1824 Harborerest, a member of the Planning Commission, stated that there had been inadequate time to review the regulations. The Planning Commission felt it was appropriate to continue the m~tter and have a second public hearing at the January 18, 1995 Planning Commission meeting. Councilman ltulett moved to continue the public hearing to February 7, 1995. Councilmember McKeown seconded the motion. Councilman Schueler again stated that there is a problem with too many State regulations. Planning Director Collins stated that the next public hearing will be advertised via public service announcements and block ads, as well as legal notices, to get as many people as possible involved in the decision-making process. After further brief discussion, a vote was taken on the motion, which carried unanimously. Zoning Code Amendment B. Ordinances Not Requiring a Public Hearing Ordinance 2848 1. Zoning Ordinance Amendment - ZCA 94(11)06 - City of Port Angeles: Amendment to the Zoning Ordinance to allow the inclusion of regulations allowing the use of, and defining the use of, zoning lot covenants. (From December 6, 1994 meeting.). Mayor Sargent reviewed the information provided by the Planning Department and read the Ordinance by title, entitled ORDINANCE NO. 2848 AN ORDINANCE of the city of Port Angeles amending Ordinance No. 1709, as amended, and adding Section 17.96.045 to the Port Angeles Municipal Code to specify the use of zoning lot covenants. Councilman Doyle moved to adopt the Ordinance as read by title, adding Finding No. 7 to the Findings and Conclusions as adopted and as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. Adoption of 1995 Budget 2. Adoption of 1995 Budget Ordinance No. 2849 Mayor Sargent reviewed the information provided by the Finance Department and read the Ordinance by title, entitled ORDINANCE NO. 2849 AN ORDINANCE of the City of Port Angeles revising the Budget for the fiscal year ending December 31, 1994, adopting the budget for the fiscal year ending December 31, 1995, establishing wages for 1995, and amending · Ordinance 2789. Councilman Braun moved to adopt the Ordinance as read by rifle. Councilmember McKeown seconded the motion. Attorney Knutson stated that the title of the Ordinance contained an error. The Phrase referring to establishing wages for 1995 should be deleted, as this year the cost of living increase will not be established until February. This correction was agreed to by the maker and seconder of the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. Mayor Sargent and Councilman Braun stated that staff had done a great job of staying within the budget in 1994 and in establishing the budget for 1995'. -4- 2933 December 20, 1994 LEGISLATION: 3. Adoption of Senior Services and Community Center Maintenance Fund (Cont'd) Mayor Sargent reviewed the information provided by the Finance Department and Senior Services Center read the Ordinance by title, entitled Maintenance Fund - Ordinance No. 2850 ORDINANCE NO. 2850 AN ORDINANCE of the City of Port Angeles, Washington, establishing a fund in the City Treasury for administration of funds in connection with the maintenance of the new Senior Services and Community Center. Councilmember McKeown moved to adopt the Ordinance as read by rifle. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the morion, which carried tmanimously. Zoning Ordinance 4. Zoning Ordinance Amendments to Ensure Compliance with Comprehensive Amendments to Comply Plan with Comprehensive Plan Mayor Sargent reviewed the information provided by the Planning Department. Councilman Hulett moved to set a public hearing on this matter for February 21, 1995. Counciimember McKeown seconded the motion. After a brief discussion, a vote was taken on the morion, which carried unanimously. Community Block Grant C. Resolutions Not Requiring a Public Hearing Funds for Evergreen Village 1. Resolution Authorizing Receipt and Execution of Community Development Block Grant (CDBG) Housing Enhancement Funds on Behalf of Serenity House of Clallam County for the Evergreen Village Project This item was deferred to a future meeting. CommUnity Block Grant 2. Resolution Authorizing Receipt and Execution of Community Development Funds for Rose House - Block Grant (CDBG) Housing Enhancement Funds on Behalf of Healthy Resolution No. 24-94 Families of Clallam County for the Rose House Project Mayor Sargent reviewed the information provided by Public Works Department and read the Resolution by title, entitled RESOLUTION NO. 24-94 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing receipt of a Community Development Block Grant on behalf of Healthy Families of Clallam County for development of transitional housing and emergency shelter for low-income single adult or teen mothers with children. Councilmember McKeown moved to pass the Resolution as read by title. Councilman Schueler seconded the motion. Councilman Ostrowski asked Laurie Hansen-Karl, Project Director, to give the Council a brief status report on the project. Laurie Hansen-Karl, 2755 Town Road, Sequim, Project Manager for Rose House, stated that Hoer Construction Company had just been hired as the Contractor. The Contractor has guaranteed that the project will be finished in five months. The local carpenter's union volunteered to build the foundation forms, and concrete will be poured this week. Everything is in place, and there is a signed contract with the Housing Trust Fund. Ms. Hansen-Karl then reviewed the work that was completed on this project and informed the Council as to how the $20,000 from the CDBG would be spent. Manager Pomeranz indicated this was a very positive project; however, he wanted the Council aware of the fact that the City would be responsible for this grant money, and it would create additional work for the City. Councilman Doyle thanked Leonard Bell for the volunteer work he has performed on this project. Ms. Hansen-Karl agreed that Mr. Beil has been a tremendous help; the project wouldn't be as far along as it is if it weren't for his efforts. Mr. Beil -5 - 2934 CITY COUNCIL MEETING December 20, 1994 LEGISLATION: is a r~a asset to the community. (Cont'd) Street Vacation - Duncan 3. Street Vacation Petition - STV 95(10)01 - Duncan, Portion of "P" Street: Resolution 25-94 Request for vacation of City right-of-way located at Eighteenth and ~P" Streets. Mayor Sargent reviewed the information provided by the Planning Department and read the Resolution by title, entitled RESOLUTION NO. 25-94 A RESOLUTION of the City of Port Angeles setting a heating date for a petition to vacate a portion of "P" Street located at West Eighteenth Street. Councilman Doyle moved to adopt the resolution as read by title. Councilman Braun seconded the motion, which carried unanimously. Break Mayor Sargent recessed the meeting for a break at 8:30 p.m. The meeting reconvened at 8:45 p.m. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items 1 Planning Commission Minutes of November 30, 1994 Councilman Braun moved to accept the Planning Commission minutes of November 30, 1994. Councilmember McKeown seconded the motion, which carried unanimously. 2. Planning Commission Minutes of December 14, 1994 Councilman Schueler moved to accept the Planning Commission minutes of December 14, 1994. Councilmember McKeown seconded the motion. Councilman Schueler noted an error on Page 167, whereby the minutes refer to Deputy Director of Public Works Jack Pittis. The word "deputy' should be deleted. A vote was taken on the motion, which carried unanimously. Letter to Governor Lowry E. Other Considerations Requesting Recreational Salmon Fishing 1. Letter to Governor Lowry Requesting Recreational Salmon Fishing in Port Angeles in 1995 Mayor Sargent pointed out that the letter had been drafted by Bart Phillips of the EDC, and he had done a very good job. Councilman Braun requested that staff send a note of thanks to Mr. Phillips for a job well done. Councilman Braun moved to approve the letter to Governor Lowry requesting recreational salmon fishing in Port Angeles in 1995. Councilman Hulett seconded the motion, which carried unanimously. Appointment of City 2. Appoint Representative from City Council to Serve on the Human Services Council Representative to Coordinating Council through 1995 Human Services Coordinating Council Mayor Sargent pointed out that Human Services for the City are being administered through United Way. Councilman Schueler stated that he had attended a few of these meetings in the past; however, since the City has its own Human Services at this time, he didn't see a need to be involved with the County's process. Manager Pomeranz indicated that a letter would be sent to the County expressing this opinion. Intergovernmental 3. Intergovernmental Collaborative Review Process for Review of Major Collaborative Review Transportation Projects Process Mayor Sargent reviewed the memo from the Clallam County Department of Community Development. Public Works Director Pittis explained that the agreement basically puts in writing what already occurs. Many grant programs require City/County coordination. Councilman Ostrowski moved to authorize the Mayor to sign the proposal as presented by the County. Councilmember McKeown seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. -6- 2935 December 20, 1994 LEGISLATION: 4. 1995 Agreement with Humane Society (Cont'd) Mayor Sargent reviewed the information provided by the City Clerk. 1995 Humane Society Agreement Councilman Schueler moved to approve an extension of the agreement with the Ciallam County Humane Society for animal shelter services for 1995 and authorize the Mayor to sign the agreement extension. Councilman Braun seconded the motion. A brief discussion followed, and Manager Pomeranz stated that he felt the Humane Society had provided the City with good service at a reasonable cost. A vote was taken on the motion, which carried unanimously. 1995 Agreement for Legal 5. 1995 Agreement for Legal Publications and Retail Advertising. Publications and Retail Advertising Mayor Sargent reviewed the information provided by the City Clerk. Councilman Braun moved to approve the agreements with the Peninsula Daily News for (1) legal publications and (2) retail advertising at the rates set forth above and authorize the Mayor to sign the agreements for the period, January 1, 1995 - December 31, 1995. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Extension of Old 6, Extension of Old City Hall Earnest Money Agreement City Hall Earnest Money Agreement This item was deferred to a future meeting. Mayor Sargent's 7. Mayor Sargent's Delegate Appointment to White House Conference on Appointment to Aging by Governor Mike Lowry Conference on Aging Councilman Ostrowski read aloud the letter from Governor Lowry appointing Mayor Sargent as a delegate to the White House Conference on Aging. The Council praised Mayor Sargent for her efforts on behalf of the elderly. Councilman .Ostrowski pointed out that Mayor Sargent's name was third on a list of 17. The City is very proud of Mayor Sargent. ADJOURNMENT: The meeting was adjourned at 9:07 p.m. -7- 2936 Exhibit "A" SEPA - Findings and Conclusions - Municipal Code Amendment Findings: 1. The Growth Management Act of 1990 required that the City of Port Angeles adopt a Comprehensive Plan and Development Regulations consistent with the Act and its goals. 2. Over four years ago the City of Port Angeles formed a citizen's Growth Management Advisory Committee to recommend a Comprehensive Plan and Development Regulations based on community involvement with early and continuous public participation in the planning process. 3. The Growth Management Advisory Committee has met weekly for many of the months during this long planning process, and the City has held numerous public meetings and public hearings on each step in this process. 4. On June 28, 1994, the City of Port Angeles adopted a Comprehensive Plan in compliance with the Act and the legislative deadline of July 1, 1994. 5. The City was granted a six month extension of the legislative deadline for adoption of Development Regulations to January 1, 1995. 6. Chapter 15.04 is one of the primary implementing ordinances for the Comprehensive Plan and specifically its Conservation Element. 7. The Development Regulations including the Chapter 15.04 of the Port Angeles Municipal Code (PAMC) (Environmental Policy) must be consistent with the Comprehensive Plan's Goals, Policies and Objectives. 8. Notice for this amendment to Chapter 15.04 of the PAMC was given per the City and State legal requirements for area-wide zoning amendments and reclassifications. 9. A programmatic Environmental Impact Statement for the Comprehensive Plan was issued on August 6, 1993, and included in its review, impacts related to implementation of the comprehensive Plan's Goals, Policies and Objectives. 10. On November 30, 1994, the Planning Commission recommended amendment to Chapter - 15.04 PAMC as attached. Conclusions: A. The amendments to Chapter 15.04 of the PAMC are consistent with the Comprehensive Plan's, Goals, Policies and Objectives of the Growth Management Act. B. The amendments to Chapter 15.04 of the PAMC are in the public use and interest. 2937 Adopted by the Port Angeles City Council at its meeting of December 20, 1994. Joa~.lSargent, Mayor(] - A~r~res~r:-f~S0. Uptor{, City Clerk 2938 Exhibit "B" ZONING CODE AMENDMENT - CITY OF PORT ANGELES - ZCA 94(11)06 (Revised Findings & Conclusions) Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposals. The following goals and policies have been identified as being most relevant to the amendments: Land Use Element Goal B; Transportation Element Policies B. 11 & B. 18; Utilities and Public Services Element Policy No. D. 1; and Capital Facilities Element Goal B and Policy A.9. 2. Zoning lot covenants were created to allow an owner of an existing house which is located on two or more lots an opportunity to remodel and/or add onto the house without violating building and zoning codes. 3. The lack of specified authority for zoning lot covenants has resulted in expanded use. 4. A Determination of Non-Significance was issued for the proposal on June 24, 1994. 5. Nearly all zone districts have minimum lot areas to encourage orderly subdivision and subsequent development and to ensure adequate lot size to support permitted uses. 6. The predominant minimum lot size in the various zone districts is 7,000 square feet. 7. The Planning Commission conducted a public hearing and forwarded a recommendation to the City Council on this amendment at its November 9, 1994, meeting. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 1. C. The expanded use of zoning lot covenants has resulted in the subversion of the City's subdivision regulations and increased development density without needed supporting infrastructure improvements. - Adopted by the Port Angeles City Council at its meeting of December 20, 1994. 4o~n K. S~gent, l~or Clerk's Note: The City Council adopted Findings & Conclusions on this Zoning Code amendment at its  meeting of December 6, 1994. However, the 0~r.~ ~'~ _/~ ~t~3//~/~_ Council then opted to add Finding No. 7 at its _,_l.., .~,&~C4. Uptod,_ City Clerk meeting of December 20, 1994. These Findings & ATTEST: Conclusions, therefore, reflect the addition of Finding No. 7. Becky J. Upton City Clerk