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HomeMy WebLinkAboutMinutes 01/04/2005552O CITY COUNCIL MEETING Port Angeles, Washington January 4, 2005 CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: Introduction of Police New Hires and Promoted Officers WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: Mayor Headrick called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, and Williams. Members Absent: Councilmember Rogers. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, M. Cormelly, J. Viada, G. Roggenbuck, B. Knight, T. Kuch, C. Jacobi, M. Sheats, D. Dickson, B. Coons, T. Dropp, S. Ryan, and E. Thomas. Public Present: G. Peabody, T. Ahlgren, J. Ralston, K. Williamson, C. Kidd, S. & K. Ryan, P. Lamoureux, V. Adams, and R. Westerberg. All others present in the audience failed to sign the roster. The Pledge of Allegiance m the Flag was led by Finance Director Ziomkowski, followed by a moment of silence in memory of recently deceased local resident, Melissa Carter, and the many victims of the recent tsunami that affected twelve nations along the ring of the IncYmn Ocean. Introduction of Police New Hires and Promoted Officers: ChiefRiepe introduced newly hired Police Officers Trevor Dropp, Sean Ryan, and Eric Thomas, as well as newly hired Dispatcher Marilyn Sheats and Records Specialist Carla lacobi. He congratulated recently promoted Corporal Jason Viada, noting that Sergeant Ed Schilke, who was also promoted, was unable to attend this evening. Mayor Headrick welcomed the new employees and congratulated those promoted. None. Manager Quinn informed the Council that the City had received a request to circulate an annexation petition, and he asked that it be added to the agenda as a late item. Mayor Headrick inserted the item as Agenda Item D.1. Councilmember Williams referenced previous discussion as to the possibility for a vote on the matter of fluoridation. He recalled that discussion on the proposal had been deferred and, at this time, he inquired as to when the discussion might take place. In response to Mayor Headrick's inquiry, Attorney Bloor informed the Council that the City is still awaiting the receipt ora contract fi.om the Dental Foundation. It was his understanding that CH2M Hill and the Foundation were still working on the contract. Councilmember Pittis, in response to Councilmember Williams, felt it would be acceptable to discuss an election on fluoride at the next regular Council meeting. In that notification of such an election requires 45 days, the City would not be able to -1- 5521 CITY COUNCIL MEETING January 4, 2005 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) FINANCE: Request to Circulate Petition for Annexation conduct thc election in February, so time is not necessarily of the essence in that regard. It was, therefore, agreed that discussion on an election would be scheduled for the next Council meeting. Peter Ripley, 114 E. 6th, #102, was pleased that the Council was giving consideration to bringing the fluoride issue to a vote. Paul Lamoureux, 602 Whidby, was interested in receiving a report from Councilmember Williams on his attendance at the Energy Conference. He sought clarification as to previous discussion pertinent to BPA rates and, later in the discussion, Director Cutler clarified that the City did not anticipate increased rates due to the settlement. Mr. Lamoureux questioned the possibility of another department being merged into Public Works; Manager Quinn responded that no further reorganization was anticipated. Referencing the proposed streetscape plan, Mr. Lamoureux expressed opposition to the cost per tree, speaking in support of planting evergreem. In the interest of time pertinent to the annexation issue, Mr. Lamoureux agreed to defer further comments until later in the meeting. 1. Request to Circulate Petition for Annexation: Manager Quinn informed the Council that the City had received a notice of intention to commence annexation proceedings from property owners south of Highway 101 within the Urban Growth Area west of the City. Community Development Manager Colhns indicated that, with a 10% request petition, the City Council must meet with the petitioners to discuss whether the City will accept an annexation petition, as well as require the assumption of the City's bonded indebtedness. Present this evening were petitioners George Peabody and Bill Hermann, and DCD Manager Collins indicated that this meeting would constitute the meeting with the petitioners. Further, the Council must determine the zoning for the area requested for annexation, and Mr. Collins indicated the City would likely establish zoning that is most like that of the County which, in this instance, would mostly be IH. Mr. Peabody approached the podium to make himself available to answer any questions the Council may pose. Mr. Collins described the property proposed for annexation, which is limited to Highway 101 and the south side of Highway 101 from Old Joe Road west to the UGA boundary opposite Reddick Road. Mr. Peabody was asked if the boundaries were acceptable, to which he responded in the affLrmative. As to the petitioners' willingness to accept the City's bonded indebtedness, Mr. Peabody again spoke in the affirmative. Asked if he had any concerns related to the zoning, Mr. Peabody felt it would be quite acceptable if the current zoning were to be retained. In response to an inquiry from Councilmember Braun, Mr. Collins indicated that the City Council could authorize the circulation of an annexation petition that would require the signatures of property owners that equate to at least 60% of the assessed valuation. He added that the County has agreed to the proposed boundaries south of Highway 101, and he clarified that Highway 101 would be included in the annexation. Manager Quinn added that the City won't be responsible for highway maintenance until the time the City reaches a population of 22,500. At CounciLmember Piths' request, Mr. Collins provided further clarification of pre-existing, non-conforming uses, noting that most of the residential zoning in the area would be RS-11 or RS-7. He reiterated that the western UGA boundary would be the boundary for the annexation. Councilmember Williams moved that the discussion this evening would constitute the meeting with the initiating parties and, further, that the City Council authorize the circulation of an annexation petition as presented with a requirement for the assumption of existing indebtedness in the annexation petition. The motion was seconded by Councilmember Braun and carried unanimously. -2- PUBLIC COMMENT: (Cont'd) Lease with Washington Department of Fish and Wildlife - Rearing Channel William Shore Pool Renovation Project Consultant Agreement Amendment Economic Development Contract CITY COUNCIL MEETING January 4, 2005 Paul Lamoureux, 602 Whidby, returned to the podium and addressed the Council on previous discussion relative to the reverse 9-1-1 technology, urging the Council to consider an alternative alert system. 2. Lease with Washington Department ofFish and Wildlife - Rearing Channel: Director Cutler reviewed the new lease with the Washington Department ofFish and Wildlife (WDFW) for the fish rearing channel on City property along the Elwha River. The City has held such a lease with the WDFW since 1974, and the new lease has been written for a term of three years. Director Cutler reviewed various significant changes that were incorporated into the lease having to do with the protection of the City's interests in the area, the City's Ranney Collector potable water source, and the Elwha River Induslrial Water Line infrastmcntre. He added that the Utility Advisory Committee had recommended approval. Councilmember Braun moved to approve the new lease with the Washington Department of Fish and Wildlife and authorize the Mayor to sign the lease on behalf of the City. The motion was seconded by Councilmember Pittis and carried unanimously, 3. William Shore Pool Renovation Project Consultant Agreement Amendment: Recreation Deputy Director Connelly reviewed a chronology of efforts that have been undertaken since 1998 to perform a pool feasibility study with conceptual plans and cost estimates via a consultant agreement with ARC Architects. The original agreement was most recently amended to study the potential for a recreation complex at Lincoln Park. The agreement with ARC Architects must now be amended to change the scope of work to include an evaluation of site options for a pool, the development of site plans and cost estimates, and an update of the pool operations pro forma. Deputy Director Connelly added that a public workshop will be scheduled in the first quarter of 2005 so the public can hear the plans and provide comment. Discussion followed, and Councilmember Pittis felt it would be helpful to have a project schedule established. Councilmember Erickson indicated that such a schedule has already been prepared, and Deputy Director Connelly indicated that schedule would be made available. In addition, Councilmember Williams felt that a good opportunity to share information with the public would be at the Home Show event. Brief discussion followed on the different options being considered for the pool, after which Councilmember Pittis moved to authorize the Director of Public Works & Utilities to sign an amendment revising the scope of work and increasing the existing amended contract to an amount not to exceed $93,124 and, further, to approve funding for this amendment from the unallocated portion of the General Fund balance for certain capital projects as approved on July 6, 2004, by Resolution No. 11-04. The motion was seconded by Councilmember Munro and carried unanimously. 4. Economic Development Contract: Manager Quinn reviewed the proposed contract for Economic Development Services to utilize the services of Tim Smith, former Economic Development Director, on an interim basis until the time a new ECD Director has been appointed. Manager Quinn anticipated that Mr. Smith would work 16 - 30 hours per week until approximately the end of April. He reviewed the terms of the contract, which generated lengthy discussion with the Council related to the substance of the contract. Councilmember Ericksun spoke in opposition to the contract, as she felt the City should have advertised earlier to fill the vacated position for the Economic Development Director. In addition, she questioned the range of hours worked from 16 - 30 hours per week, the fact that the contractor could hire employees, and the fact that the contractor could perform 5522 -3- 5523 CITY COUNCIL MEETING January 4, 2005 Economic Development Contract (Cont'd) CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: PUBLIC HEARINGS - OTHER: Street Vacation Petition - STV 04-01 - Reid - Portion of 16/17 Alley East of"A" Street in Block 444 RESOLUTIONS: Resolution for Retirement Health Savings Plan Resolution No. 1-05 economic development services for other clients. She felt that may create a real potential for conflict of interest. When asked by Councilmember Murao as to where the City is in the process to hire an Economic Development Director, Manager Quinn indicated the position has been advertised and is scheduled to close toward the end of the month. He clarified that the contract is not one of an employer-employee relationship but, rather, it is written for an independem contractor on a part-time basis. Lengthy discussion ensued about the expected number of hours that will be worked, and possible amending language for that section was proposed. Also, it was noted that the contractor will not receive any additional reimbursement for expenses, such as travel. Attorney Bloor provided clarification to Councilmember Braun on the matter of insurance in that Mr. Smith would not be provided coverage under the City's liability insurance, yet the City could be held liable for Mr. Smith's actions. After further consideration, Councilmember Munro moved to approve the contract for Economic Development services as written with the exception of Section 4. whereby the last sentence would read, "Contractor shall not incur more than thirty (30) hours of work per week without the written authorization of the City Manager." The motion was seconded by Couneilmember Williams. With regard to conflict of interest, Counciimember Pittis felt that same terminology could work as a compromise in considering the Contractor's right to perform economic development services. He suggested the following language, "Written authorization of the City Manager shall be acquired prior to the Contractor performing economic development services for other clients." Councilmember Munro, as maker of the motion, agreed to the additional language, as did Councilmember Williams, as seconder of the motion. A vote was taken on the motion, which carried 4 - 1, with Counciimember Eriekson voting in opposition and Mayor Headrick abstaining. Councilmember Braun moved to accept the Consent Agenda to include: 1 .) City Council Minutes - Special Meeting of December 16, 2004, and Regular Meeting of December 21, 2004; 2.) Expenditure Report -December 24, 2004 - $861,265.54; and 3.) Park Avenue Sidewalk Grant Agreement. The motion was seconded by Councilmember Munro. Counciimember Pittis thanked the School District for its participation in the Park Avenue sidewalk. Director Cutler informed the Council that there were only two grants awarded in the entire State, and Port Angeles was one of the fortunate recipients. A vote was taken on the motion, which carried unanimously. None. Street Vacation Petition - STV 04-01 - Reid ~ Portion of the 16/17 Alley East of '54" Street in Block 444 (Continued from December 7, 2004): DCD Manager Collins informed the Council that Manager Quiun and Mr. Reid held a meeting in the interest of moving forward with negotiations, and Mr. Reid agreed that the public hearing could be closed. Manager Quinn indicated that a tentative agreement had been reached and should be ready for submission at the next Council meeting. Therefore, Mayor Headrick closed the public hearing at 7:10 p.m. and continued the issue to the next Council meeting. 1. Resolution Making/tvailable to Employees Retirement Health Savings Plan: Human Resources Manager Coons made himself available to answer any questions the Council might have with regard to the Retirement Health Savings Plan. There being no questions, Mayor Headrick read the Resolution by title, entitled CITY COUNCIL MEETING 5524 January 4, 2005 RESOLUTIONS: (Cont'd) Resolution for Retirement Health Savings Plan Resolution No. 1-05 (Cont'd) Amend Section 12 of Council Rules of Procedure Resolution No. 2-05 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: OTHER CONSIDERATIONS: Ralston Street Vacation Request RESOLUTION NO. 1-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the VantageCare Retirement Health Savings (RHS) Program. Councilmember Braun moved to pass the Resolution as read by title. Councilmember Williams seconded the motion, which carried unanimously. 2. Resolution Amending Section 12 of Council Rules of Procedure: Manager Quiun summarized the proposed Resolution amending the process utilized by the City Council in appointing planning Commission members. The amending language would allow for temporary or interim appointments dmmg emergency circumstances and would give staff sufficient time to advertise vacancies and obtain applications to fill the vacated positions on a permanent basis. At the same time, it would allow Planning comnUssion business to proceed on a timely basis. Mayor Headrick read the Resolution by rifle, entitled RESOLUTION NO. 2-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adding language to Section 12 of the Council's Rules of Procedure. Councilmember Pittis inquired as to what would constitute an emergency, suggesting that the language be amended to better clarify when the interim appointments could be made. Councilmember Williams moved to pass the Resolution as read by title, amending the language to authorize the City Manager to make interim appointments, subject to confirmation by the City Council, whenever the number of commissioners is five (5) or less. The motion was seconded by Councilmember Munro and carried unanimously. Manager Quiun reported that he has been contacting past Planning comrmssion members to determine their willingness to fill vacated positions on an interim basis. Thus far, Jim Hulett has agreed to serve. Councilmember Williams moved to approve the appointment of Jim Hulett as an interim member of the Planning Commission. Couneilmember Pittis seconded the motion, which carried unanimously. None. I. Ralston Street Vacation Request: Community Development Manager Collins advised the Council that Mr. John Ralston had submitted an application for vacation of the 5/6 alley east of Valley Street and, as required, the matter was taken to the Real Estate Committee for consideration. Because of concern relative to the restoration of Valley Creek and the Valley Creek corridor, the Real Estate Committee determined there was public interest in the right-of-way, so it opted not to proceed with the vacation. It is, therefore, recommended that the City Council deny the request. He noted that Mr. Ralston wished to address the Council in this regard. Mr. Ralston approached the podium, thanked the Council for its consideration and expressed his willingness to answer any questions with regard to the requested -5- 5525 CITY COUNCIL MEETING January 4, 2005 OTHER CONSIDERATIONS: (Cont'd) Ralston Street Vacation Request (Cont'd) Break Front Street Corridor Beautification Plan vacation. He urged the Council to favorably consider vacation of the alley. Councilmember Erickson sought clarification as to the Real Estate Committee's position that there was public interest in the right-of-way, and DCD Manager Collins responded that, in order for a vacation to occur, there must be a finding of no public interest in the right-of-way. He added that the City has been trying to acquire property for the Valley Creek restoration and, in fact, the City has tried to acquire the property that Mr. Ralston owns adjacent to the alley. Mr. Ralston was asked for input on that issue, and he stated his awareness that the City would like to acquire the property. However, he indicated he has a bona fide Building Permit on the property, but he would prefer to construct a larger building than what has been permitted. A vacation of the alley would enhance or put less restrictions on what is available for the building in terms of setbacks. Councilmember Pittis pointed out that the City does not have a con~lete restoration plan, and it would not be good planning on the City's part to sell the right-of-way and then buy it back at some future date. In deference to Mr. Ralston's plans, he felt the City has not finalized its plans, so it would be inappropriate to vacate public land in the City's possession at this time. Councilmember Munro asked when such a plan might be finalized, and Mayor Headrick responded the plan has been held in abeyance pending coordination with the construction of the 8th Street bridges. In responding to Councilmember Erickson, Mayor Headrick indicated the Valley Creek Restoration Comunttee felt this property is important to the restoration efforts. He provided further information as to other City acquisitions in the area that are related to the restoration that will ultimately aid the movement of salmon upstream. Mr. Ralston advised the Council that he was given a letter by the City approximately 14 - 15 months ago informing him that the City had desires to acquire his property; however, he has not received what he would consider a formal offer to purchase the property. He felt the timing is right for him to proceed with development of the property. He added that he made offers on the 280~ of property ten years ago and finally acquired it two years ago. Because he has not received a bona fide offer for the property, he will proceed with development and the request for the vacation. Discussion ensued, and further clarification was provided as to the public interest in the right-of-way. Councilmember Williams asked that the City Attorney be directed to contact Mr. Ralston to further discuss the possible purchase of the Ralston property. Couneilmember Erieksun moved to make a finding that there is a public interest in the subject right-of-way and, by definition, the City cannot proceed with the sale of the right-of-way. The motion was seconded by Couneilmember Pittis and carried unanimously. It was agreed that the City Attorney's office will contact Mr. Ralston regarding possible negotiations for the City's purchase of his property. Mayor Headrick recessed the meeting for a break at 7:35 p.m. The meeting reconvened at 7:52 p.m. 2. Front Street Corridor Beautification Plan: Recreation Deputy Director Connelly distributed to the Council copies of the Front Street Corridor Plan and the Landscape Plan. With the use of PowerPoint slides, he made a presentation on the plan to beautify the City's entry corridors, which is intended to instill community pride, enhance the image of the community, and promote economic development. Deputy Director Connelly provided a history of other past beautification efforts that have taken place in the community, and he discussed the history of the street trees that have been planted. He addressed the matter of the cost of the trees in that they are large enough and mature enough to survive in a very difficult environment. Total cost of the trees also includes labor, and the tree of choice is presently the Norway Maple. Mr. Connelly indicated that Charlie Smith, Lindberg -6- Front Street Corridor Beautification Plan (Cont'd) CITY COUNCIL MEETING January 4, 2005 Architects, was present in the audience to answer any questions that may arise. Deputy Director Connelly informed the Council that this plan has been reviewed in depth by various advisory boards since March, to include the Parks & Recreation Corurmssion, Port Angeles Forward, and the Parks & Facilities Subconmq/ttee. Councilmember Williams added that, following in-depth review by the Port Angeles Forward Executive Committee, the plan was being forwarded to the Council with a recommendation for approval in that the plan meets the Council's goals, as well as the goals of the Port Angeles Forward membership. Proceeding with the presentation, Deputy Director Connelly indicated that the philosophy of the plan is to maintain a simplistic approach that is clean and green, compatible, and consistent. He discussed the layout considerations in terms of various Transit locations, parking, driveways, existing landscaping, commercial signs, and the integration with other efforts that have been undertaken. Certain aspects of the plan required the consideration of a presently existing inconsistent visual character in the community that is complex and visually cluttered. In addition, it should be noted there are irregular maintenance standards, both public and private, in terms of landscaping on the entry corridor. Deputy Director Counelly showed pictures depicting current conditions in terms of landscaping, clutter, or the lack of landscaping. He provided a "virtual" tour of the entry corridor and then discussed costs for the plan that are projected at $227,000 in addition to $46,500 for maintenance and operations. In the discussion that followed, Councilmember Pittis inquired as to whether comparisons had been made in terms of planting trees along the entire route as opposed to just the intersections. Mr. Smith indicated that aspects of tree placement, signage, driveway location, for instance, had been considered, keeping in mind the need for public safety. Manager Quinn agreed that grouping the trees could be another concept to be considered, and Director Cutler indicated that the addition of bulbs had been contemplated, but the pedestrian right-of-way must be a consideration. Councilmember Munro, realizing the plan has been reviewed by many individuals and groups, felt the plan could be approved in concept, without funding, and perhaps incorporated into a couple of blocks as a test site to determine acceptability and maintenance requirements. Director Cutler reminded the Council there is $50,000 available at this time for the entry corridor, and it would be helpful for the Council to identify the area to initiate work. Councilmember Williams indicated that Port Angeles Forward felt the project should commence at Lincoln Street and progress eastbound; Councilmember Pitfis pointed out that a phased approach would result in trees at different stages of growih. He felt the plan was worthy of approval but would require an implementation strategy. He also expressed concern with the slide area above the Red Lion, and Mr. Connelly indicated the City would concentrate on the south side pending improvements to the north side. Mayor Headrick felt the Council has an obligation to consider the financial aspects of the plan in terms of how much money it is willing to commit to the project long term, especially because of the ongoing maintenance costs. Because some property owners nicely maintain their properties while others don't, he wondered if the community would be willing to spend the necessary funds for the trees. Although he supported improvements to Front Street, he felt the improvements should be minimal and the trees should be eliminated at this point. He felt he could support adoption of the plan with the implementation of the trees placed on hold until the time there are enough funds to do the trees all at once. In the ensuing discussion, Councilmember Williams pointed out that uniformity must be maintained, no matter how the City proceeds. He felt it was appropriate for the Council to adopt the plan conceptually and then return with an implementation plan. Couneilmemher Munro moved to approve the Front Street Corridor Plan as presented and ask staff to return with an implementation plan without the trees. Mayor Headrick emphasized that the trees are on hold. Couneilmember PROs seconded the motion, which carried unanimously. 5526 -7- 5527 CITY COUNCIL MEETING January 4, 2005 Handicapped Parking Ordinance Inter/m Appointments to Planning Commission PUBLIC HEARINGS - QUASI JUDICIAL: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: 3. Handicapped Parking Ordinance: Attorney Bloor briefly summarized the Ordinance in that it would make the handicapped parking violations consistent with State law. He indicated the Ordinance would be brought back to the Council at its meeting of January 18, 2005, for adoption. Councilmember Williams asked if this Ordinance would apply to parking on private property as well, and Attorney Bloor responded it would apply to any parking that is specifically designated for handicapped parking. Peter Ripley expressed the opinion that preferred wording for the regulations would be disabledparking. Attorney Bloor thought the language in the Ordinance mirrored that of the State regulations, but he indicated he would further research the matter. 4. Interim Appointments to Planning Commission: This issue was addressed earlier in the Council meeting. None. Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for ten minutes for an item under the authority of RCW 42.30.110(i), to discuss with Legal Counsel matters relating to agency litigation or potential litigation, with no action anticipated. The Executive Session convened at 8:52 p.m., and at approximately 9:02 p.m., the Session was extended to 9:35 p.m. by announcement of the Mayor. The Executive Session concluded at 9:35 p.m., and the Council reconvened in regular open session. ..IJae meeting was adjourned atp:35 p.m. Richard A. Headnck, Mayor Becky J. Upto~[~'tty(C~erk f -8-