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HomeMy WebLinkAboutMinutes 12/21/1993 2642 CITY COUNCIL MEETING Port Angeles, Washington December 21, 1993 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:07 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Hulett and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: Councilman Braun Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, L. Glenn, K. Godbey, S. Ilk, J. Pittis, B. Titus, B. Coons, K. Ridout, D. Sawyer, B. Jones and G. Kenworthy. Public Present: T. German, T. Harmen, T. Honnold, G. Scherer, B. Berezowsky, D. Vincent, P. Hannah, and L. Doyle. ADJOURN TO The meeting adjourned to Executive Session at 6:08 p.m. to discuss litigation and EXECUTIVE SESSION: labor negotiations for approximately one hour. RETURN TO OPEN The meeting returned to open session at 7:10 p.m. SESSION: CALL TO ORDER - MaYOr Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:16 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Wight. ALLEGIANCE: APPROVAL OF Councilman Hulett moved to approve the minutes of the special meeting of MINUTES: November 30, 1993. Councilman Ostrowski seconded the mOtion, which carried unanimously. Councilman Ostrowski moved to approve the minutes of the special meeting of December 3, 1993. Councilwoman Sargent seconded the motion, which carried unanimously. Councilwoman Sargent moved to approve the' minutes of the special meeting of December 4, 1993. Councilman Ostrowski seconded the motion, which carried by a majority vote, with Councilmen Wight and Schueler abstaining. Councilman Hulett moved to approve the minutes of the regular meeting of December 7, 1993. Councilwoman Sargent seconded the motion. Councilman Wight offered a correction to Page 9, where the word ~form~ should be changed to "forum". A vote was taken on the motion, which carried unanimously. Councilwoman Sargent moved to approve the minutes of the special meeting of December 8, 1993. Councilman Hulett seconded the motion. Councilwoman Sargent offered a correction to Page 3, Paragraph 2, where the museum allocation be reduced to $12,500, not $1,500. In addition, Councilwoman Sargent asked that Page 7 include a reference to the discussion of the need to add approximately $50,000 to the budget for contract work to develop a much needed fixed asset inventory as required by the State auditors the last three years. She further pointed out that on Page 5, under Enterprise Funds, a discussion was held regarding a proposed subcommittee of the UAC to deal with capital items. She asked that this matter not be overlooked; she asked that it be scheduled as a future agenda item so that the committee can be formed. A vote was taken on the motion, which carried by a majority vote, with Councilmen Ostrowski, Schueler, and Wight abstaining. -1- 2643 CITY COUNCIL MEETING December 21, 1993 CEREMONIAL I. Presentation of Check to City of Port Angeles for Bicycle Helmet Program MATTERS/ by Gad Frick of U. $. Bank PROCLAMATIONS: This item was deferred until such time as Ms. Frick can be present. Bicycle Helmet Program CITY COUNCIL Councilman Hulett was unable to attend the Museum Board meeting, as it was held COMMITTEE the same evening as a Port reception, at which time he met the new Port Director. REPORTS: He attended the Visitor & Convention Bureau's installation of officers; Pat Downie will be the Board President for 1994. Councilman Ostrowski did not have a committee report; however, he summarized a meeting held with Gary Hess, Brown & Caldwell, the engineering firm for the Wastewater Treatment Plant. Disposal sites are being sought for sludge from this project, and Councilman Ostrowski was able to make arrangements for meetings with area landowners who may be willing to accept the sludge. The meetings proved to be very encouraging. Councilmen Wight and Schueler had nothing to report. Councilwoman Sargent attended the AWC Board meeting and was officially elected as a Trustee of the Employee Benefit Committee. She also met the new Port Director. The EDC Board met and next year's budget was approved. FINANCE: 1. Acceptance of Final Interim Sludge Disposal Project Interim Sludge Mayor Hallett reviewed the information provided by the Public Works Department. Disposal Project Councilman Ostrowski moved to accept the recommendation as presented, which was to accept the project, authorize final payment of $18,442.32 to Northwest Cascade, Inc., payment of $897.00 for retainage to Puget Sound Bank, and authorize the release of the total retainage, $53,140.36, upon receipt of clearance from the Departments of Revenue and Labor & Industries. Councilman Wight seconded the motion. Councilman Ostrowski recommended a visit to the treatment plant, as it is quite impressive and 95 % completed. Public Works Director Pittis provided a brief review of the progress of the plant and plans for the future,' including a grand opening. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilwoman Sargent moved to accept the Consent Agenda, including: (1) Wire transfers for November, 1993, of $208,891.52; (2) CoreSource through November, 1993, of $824,386.46; (3) Voucher list for December 17, 1993, of $1,402,935.70; (4) Payroll for December 5, 1993, of $376,009.20. Councilman Wight seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Public Works Director Pittis asked to add an item to the agenda regarding emergency AUDIENCE/COUNCIL/ repairs to a 20~ water line at the Black Diamond Reservoir. This was added as Item STAFF TO BE E.7., Other Considerations. CONSIDERED OR PLACED ON A City Manager Pomeranz requested that item E.5. be mOved up on the agenda, as FUTURE AGENDA: their were several people in the audience wishing to address this issue. This was moved to E. 1. The labor agreement between the City and the Firefighters was added to the agenda as part of Item E.2. Councilman Wight asked that discussion regarding the letter received from A1 Gustafson be added at the end of the agenda as Item E. 8'. As this was his last meeting as a member of the City Council, Councilman Wight made a farewell statement by noting that over the past four years, he has learned that elected officials and City employees of good will and good orientation can provide good government. The Council may not have done everything right every time; however, an attempt was made to work with staff to provide good City government and he felt that basically, the Council did succeed in this. It's been a nice experience. Mayor Haliett echoed Councilman Wight's sentiments. Councilwoman Sargent stated that she was going to miss the Planning Commission experience that both Councilmen Wight and Hallett brought to the Council. Councilman Schueler commented on what a stable force Councilman Wight has been to the Council. -2- 2644 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: A. Public Hearings Highland Communities- 1. Highlargl~Comtnunities Planned Residential Development, Lauridsen Ordinance No. 2785 Boule~ard ~ ,of~lf Course Road: Final approval of Phase I and II. Referred to Commission for further action by City Council. (Continued from December 7, 1993.) Mayor Hallett reviewed the information provided by the Planning Department. Senior Planner Sawyer advised the Council of three exhibits on the wall for the Council's information, one of which set forth the various setbacks that relate to the western boundaries. He reviewed the exhibits for the Council. Mayor Hallett reopened the public hearing at 7:49 p.m. Tim German, 2025 W. 12th Street, express his pleasure in finally having this matter resolved to everyone's satisfaction. He offered to answer any questions the Council may have. Councilman Wight wanted to make sure that the Findings, Conditions and Conclusions in the Planning Commission minutes of December 15 are the same as those listed in the staff memo dated December 21, 1993, as he had not had time to compare them. Planner Sawyer explained the documents had not been compared word for word; however, the intent was that the two should be the same. There' being no further testimony, the public hearing was closed at 7:50 p.m. Councilman Wight moved to concur with the recommendation of the Planning Commission and approve the final PRD and plat, Phases I and II, subject to the following Conditions and citing the following Findings and Conclusions: Conditions: (1) The applicant shall comply with the conditions of preliminary approval dated May 19, 1992, which are attached as Exhibit "B". In addition to complying with the documents of record identified in Exhibit "B~, the following preliminary conditions have been identified as needing specific attention for completion of these approved phases: [l.e] Submit a final landscape plan consistent with the criteria set forth in the memorandum dated March 26, 1992, and titled "Landscape Criteria. ~; [4] No fences, other than dog runs, shall be installed unless first approved through Final PRD approval or PRD modification process as contained in Chapter 17.70 of the Zoning Ordinance; [5 and 22] Submit copy of the £mal recorded CC&R's to the Planning Department prior to occupancy of the first dwelling unit. The CC&R's shall include the required provisions that prohibits' on- street parking and age restrictions; [26] Buffer zones as required through the Environmentally Sensitive Areas Protection Ordinance shall not be disturbed. The westerly limits of the proposed grading shall be clearly flagged and reviewed by Public Works prior to the start of work and shall be monitored by Public Works through the development of Lots Al4, Al5, AI6, Al7, A25 and A26; (2) Final inspection and occupancy of any residential structures shall not be permitted until the following requirements are met: [al Improvements for the wetland buffer enhancement plan are completed; [b] Fencing, sign and mailbox improvements shall be made in accordance with this approval; [c] The trail, park area, and hydro-seeded landscaping shall be completed; (3) Occupancy of any house shall not be granted until the landscaping on the lot on which it is located is installed in accordance with the landscape plan; (4) Prior to installing fencing and mailboxes, the applicant shall locate them on a plan and show utilities in relationship to the fence and boxes so as not to damage the utilities. The plan shall be submitted to the City Engineer for review and approval; (5) A right-of-way use permit is required for installing a fence in the Lauridsen Boulevard right-of-way. A gate shall be provided at the end of the turning knuckle to allow passage of maintenance vehicles; (6) The entry sign shall not be placed in the public right-of-way; and (7) The mailbox cluster shall be placed in a location mutually acceptable to the post office and City Engineer; Findings: (1) The approval is for Final PRD and Plat for Phases 1 & 2 of the Highland Communities development. These phases consist of 26 single family lots with a recreational path, park area and a temporary grass open space; (2) Preliminary PRD and Plat approval was granted on May 19, 1992; (3) The property is zoned Residential High Density (RI-ID); (4) At the time of preliminary approval, the proposal was reviewed with respect to the Zoning and Subdivision Ordinances and the Comprehensive Plan; (5) The proposal has been reviewed with respect to conformance to the approved preliminary plat and conditions of approval; (6) The utilities, drainage and roadway improvements have been provided; (7) Chapter 17.70 PAMC states that the exterior setbacks shall not be modified; (8) The preliminary and final PRD plans have buildings as close as 15 feet to the exterior property line; (9) All lots along the east and west exterior property lines of the PRD have rear yards; (10) A side yard setback line along the east and west PRD property lines and 26 single family building footprints were located on the approved preliminary PRD plan; (11) No side yard setback lines along the east and west PRD property lines are -3- 2645 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: shown on the Final PRD plan, but 26 single family building footprints are located (Cont'd) on the Final PRD plan; (12) The footprints of the homes on the final plat are larger than those shown on the preliminary plat but are generally the same distance from Highland Communities- exterior PRD property, lines; (13) Steve Luxton of Northwest Territories Inc. Ordinance No. 2785 submitted a geotechnical engineering analysis for development within the buffer areas (Cont'd) of the environmentally sensitive area; (14) Based on analysis and recommendations prepared by the Northwest Territories Inc., consulting engineers, a geologic hazard setback line was placed on the final plat for protection of the environmentally sensitive areas and the PRD development; (15) Pursuant to the Environmentally Sensitive Areas Protection Ordinance, the Planning Director has granted an administrative reduction of buffer from the top of the ravine and the top of the environmentally sensitive area (bench) on the west boundary of the site; and (16) Portions of the required ravine and bench buffer area have been disturbed. Vegetation has been cleared, and a storm water retention basin has been constructed. Conclusions: (A) As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan, Subdivision Ordinance and Zoning Ordinance; (B) The zoning code can be interpreted to provide for either a seven foot setback along the exterior sides of the entire PRD or a 7 foot setback along the sides of individual PRD lots which are exterior boundaries of the PRD; (C) As conditioned, the proposal is in compliance with the approved preliminary plat and PRD; (D) Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops,' potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and safe walking conditions for students who walk to and from school; (E) The public interest is served in the platting of this PRD. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new homes within the City of Port Angeles Urban Growth Area, consistent with the Growth Management Act; (F) The building footprints cannot be relocated closer to lot lines without City approval, and these locations are based on a site specific development plan and do not set a precedent for any other PRD plans; and (G) The development is in compliance with the Environmentally Sensitive Areas Protection Ordinance for the ravine and geologic hazard area. Councilman Hulett seconded the motion. Councilman Wight queried as to why the Planning Commission minutes reflect only 16 findings; Councilman Schueler pointed out that the 17th finding was included in the memo from the Planning Department. A vote was taken on the motion, which carried unanimously. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2785 AN ORDINANCE of the City of Port Angeles approving a final Planned Residential Development and plat located between Lauridsen Boulevard and Melody Lane west of Golf Course Road. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilwoman Sargent seconded the motion, which carried unanimously. Councilman Wight moved to authorize the Mayor to sign the final PRD and plat documents. Councilman Hulett seconded the motion, which carried unanimously. Street Vacation - Hailer 2. Street Vacation Request - Hailer- STV93(11)06 - Portion of Fourth and "I" Streets: (Applicant has withdrawn) Because the applicant withdrew his request for a street vacation, no action was taken on this matter. Zoning Code Amendment 3. Zoning Code Amendment - ZCA 93(12)04 - German, Residential Single- Fatnily Districts City-wide: Request to amend the Planned Residential (PRD) District Chapter of the Port Angeles Municipal Code and Ordinance No. 1709, (Zoning) as amended. Mayor Hallett reviewed the information provided by the Planning Department and asked that Senior Planner Sawyer explain the discussion at the Planning Commission's public hearing. Mr. Sawyer stated that what the applicant requested was different than what was ultimately recommended by the Planning Commission; however, certain changes as requested by the applicant were determined to be acceptable by the Planning Commission and were now being forwarded to the City '4- 2646 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: Council for consideration. (Cont'd) Mayor Hallett~open~d~thopubt~ic hearing at 7:56 p.m. Zoning Code Amendment (Cont'd) Tim German, 2025 W. 12th Street, the applicant, reviewed for the Council some of his proposed changes to the PRD ordinance, which he felt would be beneficial to all involved. Sometimes ordinances passed by the City Council result in costs being passed on to private landowners, homeowners and citizens. An example of this would be the last update of the PRD. A sentence was added which states, "Exterior property boundaries cannot be included in calculating the open space requirement." Using the overhead projector, Mr, German demonstrated what this does to a typical subdivision. Showing a representation of a half block of land, Mr. German explained that this would typically be 4.82 acres, Which would allow 19 units in an RS-9 zone. A developer would have to dedicate street right-of-way which would remove 30 feet from the property. The current PRD ordinance decrees that 30% be open space, which would be 62,989 square feet of the 4.82 acres not allowed to include in the setback. The 25 foot setback for a mixed use development, which in this case would be 1840 linear feet around the perimeter, is a total of 117,989 square feet, or 56 % of the site that cannot be included because it becomes open space. Mr. German would like to see the referenced sentence removed from the Ordinance. He attended the public hearing on this ordinance and presented this same information. The Planning Commission agreed with him, and recommended that this line be eliminated from the ordinance when presented to the City Council. However, this was not accomplished and the sentence, therefore, became part of the adopted ordinance. He understood that the Planning Department wanted this line in the ordinance due to the Eunis Creek Estates PRD, which had some recreational open space which was situated in the exterior set back, and a tennis court was placed next to a residence. He felt there is enough review in the PRD process, that these situations cannot occur in the future. The second item Mr. German requested for change was the addition of a definition for a single-family planned residential development, so they can be treated differently than a mixed use planned residential development. Currently, the PRD doesn't fit for single-family development, because of the amount of required open space and the resulting number of lots a developer deals with. Mr. German continued to present different scenarios for development and stated that many times neighbors are concerned that lots will be too small. Mr. German felt that single family residential developments should be exempt from the open space requirements if the lots do not have more than 30 % lot coverage, which is the current lot coverage on an RS-9 or RS-7 subdivision. Mr. German directed the Council's attention to the last page of the packet, which set forth the changes he requested. What the Planning Commission forwarded for approval, is not what Mr. German requested. He explained the differences between the two and requested that the Council either consider the changes as he requested them, or remand this back to the Planning Commission for further discussion. Councilman Wight inquired as to why it would be preferable to pursue a single- family PRD as opposed to an ordinary plat. Mr. German replied that there are specific cases wherea plat is not suitable for all subdivisions. He gave an example of a zoning request made for a rezone to medium density residential. The intent was to build single family homes. The neighbors were opposed to a rezone because they did not want the possibility of apartments. If the changes were made to the PRD, a developer could utilize this process and accomplish what he intended. Mr. German provided other examples to make his point. Councilman Schueler thought the PRD was to develop common usable open space. Under the circumstances, anyone who complained that the lots were too small would have to understand that part of the purpose was to accomplish the common usable open space. He felt Mr. German was taking this away by the suggested changes. Mr. German responded that he was trying to add flexibility. Councilwoman Sargent asked if this was a way to make it legal to have smaller lots. Mr. German responded that it was not, and went on to explain why it did not. Discussion followed. There being no further testimony, Mayor Hallett closed the public hearing at 8:20 p.m. Sr. Planner Sawyer offered clarification in referencing the staff report the Council received, wherein the summary background indicated that the applicant's proposal is to exempt single family home PRDs from the 30 % open space requirement and that the Planning Commission's recommendation modifies the applicant's proposal. He asked that the Council refer to Page 2 of the ordinance, which states, "except in single family PRDs where the nonrecreational half of the required common usable 2647 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: open space may be located in the exterior setback. * He explained ' this part of the (Cont'd) ordinance, and what the requested changes would mean. Zoning Code Amendment Councilman Wight regretted that the Planning Commission minutes did not reflect (Cont'd) an in-depth discussion of the proposed amendment, as he would like to be certain the proposal was discussed thoroughly by all those involved. Mr. Sawyer indicated it would be acceptable to both the applicant and the staff to have the matter remanded back to the Planning Commission for further review and work. Councilman Wight felt more dialogue on this issue would be appropriate and therefore, Councilman Wight moved that the Council remand this back to the Planning Commission for more discussion on the concept of how the City reserves open spaces. If the Planning Commission reaffirms its position, then the matter can be considered by the City Council. Councilman Schueler seconded the motion. After further discussion, a vote was taken on the motion, which carried ananimonsly. Parking Requirements - 4. Proposed Revision to the City's Parking Requirement. Chapter 14. 40 of the Ordinance No. 2787 Port Angeles Municipal Code (PAMC). City-wide. Mayor Hallett reviewed the information provided by the Planning Department. Senior Planner Sawyer informed the Council that it had received an updated memo regarding this item. Staff met with the Downtown Business Association regarding the application, and the representative from this group is here and will address the Council during the public hearing. Councilman Hulett asked if parking space sizes were being changed again as well as parking standards. Mr. Sawyer replied standard parking spaces are being reduced and compact parking spaces are being eliminated, as the City reviewed other communities' standards, and the City Engineer's subsequent conclusions resulted in a recommendation on what is considered to be standard size. Mayor Hallett opened the public hearing at 8:30 p.m. Greg Scherer, 139 W. 12th Street, representing the PADA, thanked the Planning Commission and the City Council for consideration of this parking requirement amendment. The changes being sought tonight are similar to those in the interim ordinance adopted six months ago; the Downtown Association feels the City has taken a positive step towards the future. It is agreed that language and conditions in the interim ordinance should be modified in light of the new standards, and staff has been contacted to arrange for this discussion. The Association felt this action would help attract new business to the downtown area. There being no further testimony, the public hearing was closed at 8:31 p.m. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2787 AN ORDINANCE of the City of Port Angeles revising parking space and design requirements adding various criteria and site plan requirements and amending the Off-Street Parking Ordinance as set forth in Chapter 14.40 of the Port Angeles Municipal Code and Ordinance 1588, as amended Councilwoman Sargent moved to adopt the ordinance as read by title, citing the following Findings and Conclusions: Findings: (1) The proposal is to amend the parking ordinance to modify standards for several use, create new standards for uses previously not specifically listed, alter provisions for landscaping, parking lot design and off-site parking, plan submittal and variance requests; (2) The Planning Commission reviewed the changes at public meetings on November 17, 1993 and December 15, 1993; (3) A Determination of Non-Significance was issued on December 9, 1993; (4) The reduction of required spaces is based on observation that most commercial facilities in the City which meet parking space requirements have an excess of parking spaces; (5)Barber shops and auto repair shops are common land uses which are not specifically listed in the parking ordinance; (6) The Planning Department implemented a policy on April 26, 1993, regarding off-site parking regulations; (7) The existing ordinance contains no criteria to provide a basis of judgement for variance applications; and (8) Comprehensive Plan Circulation Policy No. 18 and Industrial Policy No. 10 encourage the provision of off-street parking to meet the demand created by the use. Circulation Objective No. 2 encourages development of a balanced circulation system; Conclusions: (A) The amendments to the parking Ordinance are in the public use and interest; (B) The amendments are -6- 2648 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: consistent with the policies of the Comprehensive Plan; and (C) The amendments (Cont'd) improve the ability to administer the parking ordinance. Councilman Ostrowski seconded th~?motion,::'~wlfich carried unanimously. Manager Pomeranz Parking Requirements - acknowledged the Downtown Association for its leadership in this effort. Ordinance No. 2787 (Cont'd) Surplus Equipment 5. Surplus Equipment Mayor Hallett reviewed the informatiOn provided by the Public Works Department. Councilman Ostrowski inquired as to why a public hearing was necessary. Attorney Knutson explained there is a State requirement which stipulates if the value of a piece of surplus equipment is over $5000, the City must have a public hearing before the equipment can be declared surplus. Mayor Hallett asked what it had to do with the asphalt roller. Attorney Knutson responded that at the last Council meeting there were a number of items on the list that had a range of values, some of which indicated the value could be more than $5000. For this meeting, Public Works has been more explicit, and now there is only one item. However, this was unknown based on the information presented at the last meeting. Deputy Director Ridout provided a brief summary of what equipment is available for surplusing and how the value was determined. A brief discussion followed with the Council asking questions pertaining to the equipment. Councilman Schueler expressed concern with the possibility that the City could surplus equipment which might be needed if it is decided not to acquire a new asphalt roller. He felt these questions should be asked at this point. Mayor Hallett opened the public hearing at 8:41 p.m. There being no one present who wished to address the issue, the public hearing was closed at 8:41 p.m. Councilman Ostrowski moved to surplus the listed equipment and direct the Public Works Deparlment to sell the vehicles by sealed bid, or dispose of them as trade ins. Councilman Hulett seconded the motion, which carried by a majority vote, with Councilman Schueler voting in opposition. Asphalt Roller Mayor Hallett reviewed the information regarding the asphalt roller. Councilman Schueler asked for clarification in that the Public Works Department felt this was a faulty piece of equipment all along. Why then wasn!t the dealer made responsible for making the purchase right as opposed to spending another $1.4,000 for a new one. He further wanted to know how often this roller was used and how much it would cost to rent this type of equipment. Deputy Director Ridout replied that normally the rental of this type of equipment would not be feasible, as everyone uses the rollers from April through October or November for Overlays and patching of streets. He explained that the current asphalt roller works fine for small jobs like pothole patching; it causes problems when it is used for large jobs or thin overlays. The City was able to rent a roller recently and the cost was $3240 for two months. The new roller will be covered by a one-year warranty. A brief discussion followed. Councilman Wight moved to authorize the Public Works Deparh~lent to trade the Dyna Pac and purchase a new asphalt roller. Councilman Ostrowski seconded the motion, which carried unanimously. Break Mayor Hallett recessed the meeting for a break at 8:50 p.m. Councilwoman Sargent announced there is a cake to honor Mayor Hallett and Councilman Wight for the years of service given to the City. The meeting reconvened at 9:07 p.m. 1994 Salary Ordinance - B. Ordinances Not Requiring a Public Hearing Ordinance No. 2786 I. Requesting Approval of Salary Ordinance for Management/Admin. Employees Mayor Hallett reviewed the information provided by the Human Resources Manager, and read the Ordinance by title, entitled ORDINANCE NO. 2786 AN ORDINANCE of the City of Port Angeles establishing a position classification and pay plan for Management, Administrative Technical, and Confidential Personnel (Schedule A), -7- 2649 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: fringe benefits (Schedule C), and establishing a (Cont'd) pay plan for employees working at the City Pool and temporary Recreation positions (Schedule B) 1994 Salary Ordinance - for theperiod January 1, 1994 to December 31, Ordinance No. 2786 1994, and providing for the payment thereof. (Cont'd) Councilman Ostrowski moved to adopt the Ordinance as read by rifle. Councilwoman Sargent moved to second the motion, which carried unanimously. Taxi Cab Licensing - 2. Revising Taxi Cab Licensing Requirements Ordinance No. 2788 Mayor Hallett reviewed the information provided by the Police Department, and read the Ordinance by title, entitled ORDINANCE NO. 2788 AN ORDINANCE of the City of Port Angeles, Washington, revising the licensing requirements for taxicab and for-hire vehicle business operators and drivers and amending Ordinance 2050 and Chapter 5.36 of the Port Angeles Municipal Code Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Schueler seconded the motion, which carried unanimously. 1994 Budget Ordinance - 3. Adopting the City of Port Angeles 1994 Budget Ordinance No. 2789 Mayor Hallett reviewed the information provided by the Finance Department. Attorney Knutson pointed out two typographical errors in the budget and advised the Council of the corrections. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2789 AN ORDINANCE of the City of Port Angeles revising the Budget for the fiscal year ending December 31, 1993, establishing wages for 1994, revising certain taxes and fees for 1994, and amending Ordinance 2725 Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Ostrowski seconded the motion. Councilwoman Sargent asked if a separate motion was needed for the hotel/motel tax allocations, as this is not part of the general budget. Attorney Knutson indicated that if the Council would like a separate motion so that it is clear when the City Clerk prepares the contracts for next year's allocations, it would be helpful. Councilwoman Sargent amended the motion to include the $186,377 allocations from the hotel/motel tax as set forth in the Finance Director's memo. Councilman Ostrowski, as seconder of the motion, agreed with the amendment. Councilwoman Sargent advised the Council that the equipment for Veto Burton will be selected items from the list provided by Director Brodhun to the Council. A vote was taken on the motion, which carried unanimously. Solid. Waste Rates - 4. Solid Waste Rate Revision Ordinance No. 2790 Mayor Hallett reviewed the information provided by the City Attorney. Councilman Schueler moved to accept the recommendation of the City Manager and eliminate the 10% surcharge to County residents. Councilwoman Sargent seconded the motion. Councilman Schueler stated that part of the reason for the surcharge was so the County was in a position of supporting the City's effort in closing the landfill. It is essential to have cooperation between the City and County in developing the plans; otherwise it might be necessary to do something different, financially, with the County. The City should make certain there is substantive dialogue with the County and have something happen that can be agreed to by all. Councilwoman Sargent echoed Councilman Schueler's comments. She will be voting in support of tMs motion with the understanding that the formation of a solid waste district will be high on the agenda in the meeting with the County Commissioners on January 13. Councilman Wight did not wish to have any misunderstandings on this issue, which was presented to the County in open diSCussion in the spring of -8o 2650 CITY COUNCIL MEETING · December 21, 1993 LEGISLATION: . 1990. The County has made some moves in that direction and has formulated a solid (Cont'd) waste collection/disposal plan. Councilman Wight provided a review of past discussions on this issue and the need to have a team effort behind this. Solid Waste Rates - Ordinance No. 2790 Councilman Schueler mentioned that in the proposed letter to be sent to the County (Cont'd) Commissioners, it was suggested that a consulting firm, such as Parametrix, be used to further facilitate this process. He felt this should be made public. Mayor Hallett indicated the Utility Advisory Committee discussed the need for comprehensive planning. Full information was exchanged with the County and everyone else on the Olympic Peninsula. The time line may be reduced due to the FAA and other factors, and the City fully expected the County to be a partner in this. Last year, when the City announced its 1993-1994 rate schedule, it was indicated that there would be a surcharge both years. The County accepted this and it was assumed they would continue to be a team player this year. He felt the City had gone out of its way to accommodate them, and will continue to work cooperatively on this. After further brief discussion, Councilwoman Sargent asked to have the motion amended to include that the Mayor be authorized to sign the letter to the Board of Commissioners, which was agreed to by all. A vote was taken on the motion, which carried unanimously. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2790 AN ORDINANCE of the City of Port Angeles amending solid waste rates and amending Ordinance No. 2317, as amended, and Chapter 13.56 of the Port Angeles Municipal Code. Councilman Ostrowsld moved to adopt the Ordinance as read by rifle, to include language in Section 2, stipulating an effective date of April 1, 1994. Councilman Hulett seconded the motion, which carried unanimously. Water Service C. Resolutions Not Requiring Public Hearings Installation - Resolution No. 41-93 1. Modifying Standard Water Service Installation Mayor Hallett reviewed the information provided by the Public Works Department. He then read the Resolution by rifle, entitled RESOLUTION NO. 41-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising fees relating to the installation of residential water services and meters and amending Resolution No. 3-93. Councilman Wight moved to pass the Resolution as read by rifle. Councilwoman Sargent seconded the motion, which carried unanimously. Repealing Certain Fees - 2. Repealing Certain Fees Resolution No. 42-93 Attorney Knutson explained to the Council that these are the fees that the Council had just adopted via the budget ordinance. Mayor Hallett read the resolution by title, entitled RESOLUTION NO. 42-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington, repealing Resolutions No. 17-81, 10-85, 40-91, and 46-92. Councilman Hulett moved to pass the Resolution as read by title. Councilwoman Sargent seconded the motion, which carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items I. Planning Commission Minutes of December 8, and December 15, 1993 Councilman Hulett moved to accept the Planning Commission minutes of -9- 2651 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: December $, 1993. Councilwoman Sargent seconded the motion, which carried (Cont'd) unanimously. Planning Commission Councilman Wight moved to accept the Planning Commission minutes of Minutes/Action Items December 15, 1993. Councilman Schueler seconded the motion, which carried (Cont'd) unanimously. Councilman Wight stated that he appreciated the Planning Commission's willingness to deal with the remanded. PRD in an expeditious and timely fashion. He .also thanked staff for all their hard work on this issue. Attorney Knutson asked that the Council refer back to the Resolution dealing with fees. The effective date needs to be corrected to read, January 1, 1994. Councilman Hulett moved to amend the motion for Resolution 42-93, to specify an effective date of Januar~ 1, 1994. Councilwoman Sargent seconded the motion, which carried unanimously. Annexation Petition E. Other Considerations Request 1. Request to allow circulation of an annexation petition: Request to allow circulation of an annexation petition for approximately 2. 3 acres of property located at approximately Lauridsen Boulevard and 'L" Street. Mayor Hallett reviewed the information provided by the Planning Department. Senior Planner Sawyer pointed out an exhibited map depicting the area proposed for annexation. He was unaware as to whether staff had contacted the applicant regarding efforts toward a larger annexation petition. Attorney Knutson explained that, under the State law governing the annexation process, this meeting is intended to serve as an opportunity for discussion between the City Council and the annexatiOn proponents. The Council is free to ask the applicant for input. Darryl Vincent, 701 E. Front Street, applicant for the annexation, came before the Council previously to request City Water for this particular property. The request was denied due to the fact that the City does not wish to provide utilities outside the City limits. This, therefore, is the reason for the annexation request. Mr. Vincent has not contacted any of the neighbors to see if they would like to be included in the annex. However, it was common knowledge that he was going to attempt an annexation, and none of the neighbors approached him and asked to be included. He holds out little hope for a larger parcel to annex. Councilman Wight noted that because of potential service and jurisdictional problems, it may not make sense to annex such a small parcel of land. Mr. Vincent indicated that, at the time water service was denied, he was instructed to apply for annexation. Because at that time it was anticipated that an annexation request would also be denied, it was inferred the City would then opt to provide utilities to the property. Public Works Director Pittis noted the City Council has been fairly consistent in enforcing the policy to not provide service outside the City limits. Any departures from the policy have resulted in agreements being written, no-protest LID agreements, etc. He noted the area under discussion has a history of volume and pressure problems, a matter which must be considered. He offered to return to the Council with more pertinent information on service to the area. After a question and answer period regarding annexation policy, procedures, regulations and requirements, Councilman Wight moved to continue this item to the first meeting in February, 1994, and at that time the City have available additional information regarding the extension of water service to the area, as well as the current physical layout. Councilman Schueler seconded the motion. Councilwoman Sargent requested that, in the meantime, Mr. Vincent talk to his neighbors to see if any of them might be interested in annexation. After further discussion, a vote was taken on the motion, which carried unanimously. Impact of NAFTA 2. Impact of NAFTA, North American Free Trade Agreement, on tourism in Port Angeles Manager Pomeranz provided background information on this matter, which was brought to his attention by the Manager of the Red Lion and Jack Harmen, owner of Victoria Rapid Transit. Currently there is a previous law that specifies a $5 fee on international air and sea passenger tickets to offset costs incurred by custom service. Ferries have been exempted from this $5 fee. In order to offset reductions - 10- 2652 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: in tariff revenue from initial implementation of the NAFTA as required by the (Cont'd) Federal Budget Law, the fee has been increased from $5 to $6.50. There have been new interpretatiions~.o~,th.o~law~which indicate that ferries fall under this law and Impact of NAFTA therefore, there Will be a $6.50 charge to anyone taking the ferry from Canada to the (Cont'd) US, which will obviously have a detrimental impact on tourism on the North Olympic Peninsula. Manager Pomeranz has been in contact With the staff of Congressman Dicks, and he has been extremely helpful in assisting the City. Manger Pomeranz spoke to Congressman Dicks this morning and was reassured that Congress did not intend for this law to apply to ferries. The Congressman wanted the Council and the community to know that he is doing everything possible to get a different interpretation of the legislation. He had a meeting with the Commissioner of Customs today and is urging an exemption of ferries from this law, and also will introduce immediate legislation to take care of any possible technical issues that remain. Mrs. Harmen advised the Council that Victoria Rapid Transit has also been in touch with the area's legislators and has obtained their support in obtaining immediate clarification. She expressed appreciation to the Council for the City's responsive move to resolve this problem. Manager Pomeranz Will follow up his conversation with Congressman Dicks with a letter from the Council reiterating the City's concerns. Meeting Extended Councilman Schueler moved to continue the meeting beyond 10:00 p.m. The Past 10:00 p.m. motion was seconded by Councilwoman Sargent and carried unanimously Labor Contracts 3. Request Approval of Labor Contract Between City of Port Angeles and AFSCME #1619 and IAFF #656 Mayor Hallett reviewed the information provided by Human Resources. Councilman Ostrowski moved to approve the labor agreement between the City of Port Angeles and AFSCME Local//1619 for the contract duration of January 1, 1994 through December 31, 1995. Councilman Hulett seconded the motion, which carded unanimously. Councilwoman Sargent moved to approve the labor agreement between the City of Port Angeles and IAFF//656, for the contract duration of January 1, 1994 through December 31, 1995. Councilman Schueler seconded the motion, which carried unanimously. Councilman Wight commented on the settlements and noted his concern that the City Will not be able to afford to keep up With personnel costs. It is getting more and more difficult to find ways to balance the budget and keep enough people on the payroll in order to provide adequate City services. He expressed hope that the Department Heads and employees understand this. Councilwoman Sargent felt it important that no vacant positions be filled until the time the City Council has been involved in the decision-making process on each vacancy which may arise. In order to make this a policy statement, Councilwoman Sargent moved that the Council give the City Manager direction that when vacancies occur in the future, not filling them should be an option unless the City Manager can prove it is in the best interest of the City to fill the position. Councilman Wight seconded the motion. After further discussion, a vote was taken on the motion, which carried unanimously. Temporary Engineer 4. Employment Contract for Temporary Engineer in City Light Mayor Hallett reviewed the information provided by the Light Department. Councilman Ostrowski moved to approve the employment contract between the City and Rob Hairfield and authorize the Mayor to sign the contract. Councilman Schueler seconded the motion. Councilman Ostrowski felt there were mixed messages here, as one minute the Council is discussing lay-offs and on the other hand, the City is saving $100,00 by hiring this temporary engineer. He inquired of Light Director Titus as to why the City had to pay retirement on a temporary employee. Director Titus replied that the benefits covered in the contract are those which are required by law. Discussion followed, with Attorney Knutson explaining the laws that require the fringe benefits. A vote was taken on the motion, which carried unanimously. -11 - 2653 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: 5. 1994 Human Services Allocations (Cont'd) City Manager Pomeranz advised the Council that Human Services funding was Human Services approved in the budget. However, Councilman Schueler, as the City's representative Allocations to the United Way allocations committee, proposed some changes to the individual allocations to various agencies. In reviewing his specific recommendations, Councilman Schueler noted he has gone with the Board consensus with only a few exceptions. He explained that he leaned more towards prevention as the Council had, over the past years, expressed a desire to see more money going towards prevention rather than treatment. Councilman Schueler noted that emphasis was given to youth programs. Patty Hannah, United Way, thanked the City Council for allowing them to help administer these funds. The people on the committee did a good job and put a great deal of time and effort into this project. She felt the extra money going into prevention prOgrams is totally appropriate. Councilman Schueler moved that the Council adopt the proposed allocations as set forth in his recommendations included in the Council packet, for a total of $125,410 allocated to these agencies. Councilwoman Sargent seconded the motion, and thanked Councilman Schueler for the work he has done on this. A vote was taken on the motion, which carried unanimously. City Light Customer 6. City Light Customer Service Policies Service Policies Mayor Hallett reviewed the information provided by the Light Department. Councilman Hulett moved to approve City Light Customer Service Policies 1-6 and 11. Councilwoman Sargent seconded the motion. A vote was taken on the motion, which carried unanimously. Councilman Schueler asked for clarification of when the undergrounding policy would go into effect. Director Titus responded that the policy does not mandate that new wiring be underground. It provides a service credit to go against the cost of new line extensions. Currently the credit amount is $917 provided to every applicant regardless of whether the service is being installed overhead or underground. This new policy makes the service credit only available to customers who are putting new service underground. Emergency Main Repair - 7. Emergency Waterline Repairs Resolution No. 43-93 Mayor Hallett reviewed the information provided by the Public Works Department, and read the Resolution by title, entitled RESOLUTION NO. 43-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington declaring an emergency, dispensing with the requirement of calling for bids for the repair of a broken watermain and reservoir drainline and authorizing the City Manager to sign the necessary contracts. Councilman Wight moved to pass the Resolution as read by title. Councilwoman Sargent seconded the motion. Director Pittis informed the Council that Public Works has videos of what the first problem looked like and how large the hole is, which is 20 feet deep. A vote was taken on the motion, which carried unanimously. Letter from 8. Letter from Al Gustafson Regarding Vandalism Al Gustafson Mayor Hallett reviewed the letter received from Mr. Gustafson concerning vandalism in the community. Police Chief Ilk informed the Council that a Crime Prevention Officer will be sent to speak to Mr. Gustafson. Chief Ilk thought Mr. Gustafson was concerned over articles in the newspaper regarding crime prevention programs being cut; however, this is not happening in the City. Mayor Hallett responded that he had informed Mr. Gustafson that the cuts referred to were on the County level, not the City level. Councilwoman Sargent felt it was interesting to note that Mr. Gustafson suggested the City support agencies that work with juveniles, and the .City Council just voted - 12- 2654 CITY COUNCIL MEETING December 21, 1993 LEGISLATION: this evening to support agencies that work with juveniles. This will be conveyed to (Cont'd) Mr. Gustafson. Letter from Mayor Hallett did want it known that Mr. Gustafson was not being critical of the Al Gustafson (Cont'd) Police Department, rather he wanted to know what citizens can do to take more responsibility to be more aware of what is going on around our homes and neighborhoods. Councilwoman Sargent briefly mentioned the letter received by Council members from the Monroe Elementary School regarding the Valley Creek restorations project, which is a Port project. The children wish to work with the project and Councilwoman Sargent wished to make sure the letter received a response. Members of the Council shared a few moments in honoring Mayor Hallett and Councilman Wight as they depart from the membership of the City Council. The Council members expressed their appreciation of the dedication of both of these gentlemen to the City of Port Angeles. Manager Pomeranz, on behalf of all the departments, thanked Councilman Wight and Mayor Hallett for all the work, time and wisdom they have provided to the City over the years. They will definitely be missed. Mayor Hallett wished everyone a Merry Christmas and left with a thought from Laurence of Arabia. A lot of people go to bed and dream of doing grandiose things, but usually when you wake up, the dreams are gone. The really courageous people do their dreaming during the day with their eyes wide open. He encouraged everyone to keep their eyes open and continue to dream and prosper. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. - 13-