HomeMy WebLinkAboutMinutes 01/30/2007
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CALL TO ORDER -
SPECIAL MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
WORK SESSION:
Municipal Code
Amendments - Title 17
Break
OTHER
CONSIDERATIONS:
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NPDES II Stormwater
Permit - Consideration
of Appeal and Petition to
Department Of Ecology
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6026
CITY COUNCIL SPECIAL MEETING
Port Angeles, Washington
January 30, 2007
Mayor Rogers called the special meeting of the Port Angeles City Council to order at
5:07 p.m.
Members Present:
Mayor Rogers, Deputy Mayor Williams, Councilmembers
Braun [arrived at 6:01 p.m.], Headrick, Munro, Petersen, and
Wharton.
Members Absent:
None.
StafJPresent:
Manager Madsen, Attorney Bloor, G. Cutler, D. McKeen, M.
Puntenney, N. West, S. Roberds, S. Johns, and G.
Kenworthy.
Public Present:
O. Campbell, P. Gagnon, E. Chadd, and C. Kidd. All others
present in the audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Councilmember Munro.
Municipal Code Amendments - Title 17:
At its meetingofJanuary 16,2007, the City Council agreed to conduct a work session to
discuss proposed amendments to Title 17, the Zoning Code. Associate Planner Johns,
aided by PowerPoint slides, provided a comprehensive summary ofthe proposed changes,
additions, and deletions, many of which were considered to be housekeeping in nature.
Planner Johns, Principal Planner West, and Planning Manager Roberds engaged in
discussion with the Council on various aspects of the Zoning Code changes, with
consideration being given to building height, landscaping standards, Planned Residential
Developments, Planned Industrial Developments, as well as density credits for
environmentally sensitive areas. The Council provided further input for inclusion in the
Ordinance amendments. The public hearing on the proposed Ordinance had been
continued to the February 6, 2007, City Council meeting.
Mayor Rogers recessed the meeting for a break at 6:21 p.m. The meeting reconvened at
6:31 p.m.
1.
NPDES II Stormwater Permit - Consideration of Appeal and Petition to
Department of Ecology:
Attorney Bloor reported that the City had been included under the NPDES II Stormwater
Permit recently issued by the Department of Ecology. He noted that the surrounding areas
that drain into the City had not been included, and certain substantive provisions of the
. permit were recognized as creating a problem for all cities. Attorney Bloor indicated the
. . T 'it '.r\ pe;mit:~ intended to ~ontrol storinwater and pollution, which are very good goals. He then
reviewed the options before the Council: appeal the City's inclusion in the permit, appeal
substantive portions of the permit, and petition the Department of Ecology to include in
the permit the surrounding areas that contribute to the drainage and stormwater that come
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6027
CITY COUNCIL SPECIAL MEETING
January 30, 2007
OTHER
CONSIDERATIONS:
(Cont'd)
NPDES II Stormwater
Permit - Consideration
of Appeal and Petition to
Department of Ecology
(Cont'd)
Agreement with WCWI
Relating to Transfer
Station
ADJOURNMENT:
into the City and affect the same water bodies. Staffs recommendation is to enter into an
interlocal agreement with other cities to join in appeal of substantive provisions of the
NPDES II Stormwater Permit and to file a petition with DOE to include in the NPDES II
Stormwater Permit the drainage area surrounding the City of Port Angeles.
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Attorney Bloor reviewed in depth the legal and policy issues, the fact that the City is
already heavily regulated because ofCSOs, the validity of the City's argument should it
go to appeal, and the potential cost to the taxpayers because ofthe City's inclusion in the
Stormwater Permit. He also explained the interest generated by other cities in Washington
to join in an appeal of substantive provisions, the cost for which would be divided among
the cities and, therefore, less expensive to the City. Attorney Bloor also noted that DOE
made a provision for the petition to include other areas in the surrounding area for the
reason that all contributors should be subject to the same rules. City staff has asked the
County to join in the Permit, but no response has been received as yet. Lengthy discussion
ensued on other potential participants from the area, whether the UGA is included,
watersheds in the area that are affected, as well as what might be included in an appeal of
substantive provisions. Councilmember Munro moved to authorize the City Manager
to enter into an interlocal agreement with other cities, for an amount not to exceed
the City Manager's contracting authority, to join in appeal of substantive provisions
of the NPDES II S,tormwater Permit and, further, to authorize the City Manager to
prepare and file a petition with the Department of Ecology to include in the NPDES
II Stormwater Permit the drainage area surrounding the City of Port Angeles.
Councilmember Petersen seconded the motion.
The Council deliberated the matter, asking questions of staff as to the potential content of
joining with the other cities, the amount that would be paid by the City, and the possibility
of reserving the right to appeal. Attorney Bloor indicated the amount that would most
likely be paid would be $15,000. Discussion also centered around the City's work plan
to continue addressing stormwater issues in the interim, the application of stormwater
standards elsewhere on the Peninsula, and grants already received for stormwater projects.
Attorney Bloor indicated the deadline for entering into an appeal is February 16th.
Following further discussion, a vote was taken on the. motion, which carried
unanimously. It was agreed that staff should attempt to set a meeting with the Director
of DOE when Council representatives are in Olympia for the February A WC Legislative
Conference. It was hoped the legislative delegation could also join them for the meeting.
2. Agreement with WCWl Relating to Transfer Station:
Director Cutler reviewed the issue of the Transfer Station starting at a later date than
anticipated, as there was additional air space in the Landfill that allowed the City to
continue operations. Because Waste Connections had the Transfer Station ready to
operate, Director Cutler indicated they were due some compensation. He summarized the
negotiations and proposed settlement, answering questions posed by the Council. He
added that there are other issues to negotiate, but felt this settlement could be easily
separated out to show goodwill in working with Waste Connections. Following lengthy
discussion, Councilmember Petersen moved to authorize the City Manager to sign an
agreement with Waste Connections of Washington, Inc., in the amount of
$428,797.93. The motion was seconded by Councilmember Braun and carried
unanimously.
eeting was adjourned at 7:51 p.m.
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