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HomeMy WebLinkAboutMinutes 02/06/2007 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Recognition of Chiefs McKeen & Riepe, United Way Co-Chairs for City Congratulations to Contemporary Issues Class Proclamation in Recognition of Fire Department Support Officers e 6028 CITY COUNCIL MEETING Port Angeles, Washington February 6, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:05 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, N. West, S. Roberds, S. Johns, T. Pierce, and P. Bartholick. Public Present: D. G. Michelson, G. Douglas, R. Curry, P. Lamoureux, C. Millar, B. Kuh, J. Dedman, C. Kidd, P. Toth, T. Jennings, C. Lucero, K. Keehner, W. Ostrand, T. & R. Lipman, and R. Stone. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Deputy Mayor Williams. Mayor Rogers issued a reminder ofthe passing offormer Councilmember Jack Pittis one year ago. She asked all those present to join her in a moment of silence in his honor. 1. Recognition of Chiefs McKeen & Riepe, United Way Co-Chairs for City: Mayor Rogers recognized Police Chief Riepe and Fire Chief McKeen for their efforts in co-chairing the City's United Way fundraising. The City was recently recognized at the United Way dinner for the employees' donations. At this time, Mayor Rogers announced she will be the Chair for the 2007 United Way campaign. 2. Congratulations to Contemporary Issues Cl~ss: Mayor Rogers extended congratulations to the students of the Contemporary Issues class who hadjust completed a project on the creation of marketing and business plans for innovative business ventures. Many of the projects have been placed on display in the lobby. 3. Proclamation in Recognition of Fire Department Support Officers: Mayor Rogers, who wasjoined by Chief McKeen, read a proclamation recognizing Fire Department Support Officers Jerry Dean, Glen Douglas, David R. Moffitt, and Vincent D. Murray. Unable to attend were Michael G. Carr and Barbara Wilson. Chief McKeen provided background information on the Support Officers Program. - 1 - 6oi9 CITY COUNCIL MEETING February 6, 2007 Annual Report from Chamber of Commerce WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: CITY COUNCIL COMMITTEE REPORTS: Break PUBLIC HEARINGS - OTHER: Lipman Street Vacation 4. Annual Reportfrom Chamber of Commerce: Rhonda Curry, Chamber of Commerce President, made introductory remarks to the _ Council, expressing the hope that the Chamber will have a collaborative relationship . with the community this coming year as it serves as a conduit with the community partners. Russ Veenema, Executive Director, presented the Annual Report, distributing a packet of information to the Council that introduced the new Chamber logo, provided an overview of the 2007 Budget, and summarized tasks, action items, and areas in which the Chamber plans to be pro-active in 2007. Mr. Veenema reviewed the statistical report on room tax collections that reflected a record year for 2006, and he summarized sales tax collections, occupancies, and the door count at the Visitor Center. He noted that occupancies were impacted by gas prices, but favorable weather in the third quarter proved helpful. Mr. Veenema discussed the 2007 Media Plan and scheduled events, and he noted concerns for 2007 related to the passport issue and weather impacts on . access to Olympic National Park. He also presented the 2007 Vacation Planner, which included a value added program with coupons. The Council expressed appreciation for the report. None. There were no late items added to the agenda. David Michelson, a resident on 3rd Avenue in the County, addressed Skate Park improvements under consideration, urging the Council to not proceed with improvements based on the amount of damage done by the skateboarders in town. He felt the skateboarders should raise funds to pay for the Skate Park, and he expressed concern with the fact that skateboarders are still using sidewalks and damaging City property. Mayor Rogers, Chief Riepe, and Port Angeles Downtown Association President Thompson noted the tremendous improvement in the downtown area since the addition of the Skate Park. Mayor Rogers and Director Cutler then responded to Mr. Michelson's inquiry related to the sewer extension and combined sewer overflows. Paul Lamoureux, 602 Whidby, a City resident, reiterated prevIOus statements expressing concern with cost overruns on City projects. Mayor Rogers issued a reminder of the upcoming Home Show; Councilmembers will be participating in the City's booth. Mayor Rogers recessed the meeting for a break at 7:00 p.m. The meeting reconvened at 7:16 p.m. J. Lipman Street Vacation: Planning Manager Roberds summarized the request to vacate a portion of Vine Street, situated between the Lopez/Whidby and Lopez/Orcas alleys. She indicated that street vacations are typically requested because they involve encroachments in rights-of-way and because the abutting owners wish to acquire the property. However, Ms. Roberds noted that this vacation is unusual, as it involves a right-of-way that, while never developed, has served as a well traveled public thoroughfare since prior to annexation to the City in 1965. Planning Manager Roberds indicated that, although staff reviewed the request and agreed it would be in the public interest, further review has resulted in questions raised as to whether approval would be in the public interest. She felt that further review is warranted and that there is no pressing need for immediate action. The vacation would result in the closure of a popular secondary route in and out of the subject neighborhood, so staff is recommending that further consideration be given to e - 2 - e PUBLIC HEARINGS - OTHER: (Cont'd) Lipman Street Vacation (Cont'd) e CITY COUNCIL MEETING February 6, 2007 6030 measures necessary to address the neighborhood's safety concerns as to the unimproved roadway. She continued that one of the two petitioners, the Stones, do have an encroachment issue that can be addressed by a minor vacation of a portion of the remaining 40' right-of-way while leaving at least a 26' travel surface. She felt that the vacation of this small portion ofright-of-way would be in line with the longstanding precedent apparent in past street vacation actions. The other petitioners, the Lipmans, do not have an encroachment. Planning Manager Roberds reported that the Planning Commission forwarded a recommendation to vacate the right-of-way pursuant to staffs recommendation at the time, which was based on past actions that allowed the vacation of unopened rights- of- way in previous vacations in the Vine Street corridor. The subject right-of-way is opened and, from all accounts, has served a public purpose for many years. It also contains major utility lines. Ms. Roberds advised the Council that, at this time, staffs recommendation is to allow the clearing oftitle to the Stone property with a reasonable side yard setback and to refer the matter for further consideration of closure of the traveled corridor to the committee and staff. With the use of PowerPoint slides, Planning Manager Roberds showed the area in question, as well as its relationship to the Housing Authority's construction project. Mayor Rogers opened the public hearing at 7:29 p.m. Patricia Toth, 437 Lopez Avenue, indicated she is married to Randy Stone, and they are petitioning with the Lipmans to vacate a portion of Vine Street. Ms. Toth provided a letter to the Council stating their position, and she indicated the people in the neighborhood have concerns with the safety of what they term to be a dirt lane that serves as a convenient shortcut for people in the area. Ms. Toth was not sure it would be in the public interest for continued use by the high school students, particularly because one neighbor has young ones playing in a nearby yard. Further, the right-of- way has never been maintained by the City, who has shown no interest in it as a thoroughfare. Ms. Toth was only made aware that the staff recommendation had changed this past Friday. She indicated they were unhappy with the compensation amount, so she researched the compensation on other vacated properties on Vine Street, learning they were statutorily vacated with one petitioner paying $1. She brought this to the attention of the Planning Department, and the matter was further delayed so it could be referred back to the Real Estate Committee. She urged the Council to make a decision, since land is being cleared for the Housing Authority project, and it wouldn't make sense to not make a decision this evening. The right-of-way is not needed as an access route for the Housing Authority development. Ms. T oth added that they have agreed to a utility easement and a 20' setback for the side yard. She felt approval of the vacation is the right thing to do. Jerry Dedman, 517 Lopez, a resident for 14 years, agreed with Mrs. Stone in that the street is a definite hazard, is not maintained, has potholes, and has a large drop-off on to Vine Street from Lopez. He indicated the City does not maintain the street, and high school students use it during lunch time and after school. He felt it to be a travesty to charge people for a vacated street when there has been no previous compensation. Mr. Dedman indicated the alleys would take care of the entrance and exit for those living in the new housing project. He noted there is a regular dust storm created by the traffic, and he urged the Council to look to the benefit of citizens living in the area by closing the street. Chris Millar, 1226 Craig Avenue, informed the Council that he lives above the College and walks down and cuts through the Housing Authority area. He shared commentaries about almost being hit by cars, noting that speed is a factor. He indicated the area is sloppy, dusty, and dangerous. He supported approval of the vacation and then entered into discourse with the Council as to whether the area he identified was, in fact, the area under consideration for vacation. Upon receiving clarification, he indicated the area - 3 - I 6031 CITY COUNCIL MEETING February 6, 2007 PUBLIC HEARINGS - OTHER: (Cont'd) Lipman Street Vacation (Cont'd) in question should be vacated. Cathy Lucero, 509 E. Whidby, shared her observation that traffic on this portion of Vine Street represents more than just high school students. She felt the safety issue arises because the roadway hasn't been maintained, and it would clearly be a road ifit were to be developed. Ms. Lucero pointed to the available map, showing where alleys would have to be used for ingress and egress by the residents, with an increase in congestion because of the Housing Authority development. She felt that the area under , consideration is one of the few access routes north and south, and she spoke in support of staffs recommendation, as there was no reason for the Lipman vacation. Ms. Lucero acknowledged that the Stone's are encroaching on the right-of-way. e Katie Keehner, 433 Lopez, has resided in the neighborhood for 3 years. Also speaking on behalf of a person living next door to the Lipman residence, she agreed with Ms. Toth that the street should be closed for safety reasons. With children playing in the area and residents walking on Vine Street, one cannot meet an approaching car without stepping into someone's yard. She added that, during school, there is a tremendous amount of traffic. Ms. Keehner felt that if the City feels it should remain as a street, then it should be fixed. An increased population in the area will result in more traffic and a bigger safety issue. Ms. Keehner did not agree that this is a popular secondary route. Randy Stone, indicated he was speaking on behalf of Winnie Ostrand, who lives two houses west. Ms. Ostrand has been a resident in the area since the 1940's, and Vine Street has been a dirt road for 50 years. She would.like to have it closed, as her house is filled with dust. The Housing Authority understands they must use the alleys for access to their garages and, if the closures do happen, then people will stop using the road, and there will be less traffic. Tina Lipman, 438 Lopez, one of the petitioners, shared pictures with the Council, showing Vine Street as it presently exists. She distributed and read a letter to the Council, speaking in support ofthe vacation which is different than what was approved by the Planning Commission. She felt it obvious that this area was meant to be vacated, similar to other portions that were previously vacated. Ms. Lipman felt it unfair to the neighborhood residents who are seeking safety. Katie Keehner returned to the podium indicating that, if Vine Street is vacated before or after the construction, the Council could still vote tonight and let the trucks through for construction. However, Manager Madsen interjected that, once the area is vacated, then the control of the property would revert to those property owners - the City would have no control. Tina Lipman returned to the podium and informed the Council that the Housing Authority had not expressed any concerns with the proposed vacation. They did, however, ask that the right-of-way not be blocked until after construction. Both petitioners had agreed not to block access during construction; it would only be blocked after construction. Cathy Lucero returned to the podium and informed the Council that the right-of-way is large enough that cars can pass each other. On the matter of safety, she inquired as to how emergency response could access the area. She felt the petitioners were exaggerating the situation. There being no further testimony, Mayor Rogers closed the public hearing at 8:24 p.m., and the Council began deliberations. Lengthy discussion ensued, with the _ Councilmembers expressing their individual opinions on the proposed vacation. .. Consideration was given to the history of the area before annexation, the length oftime the right-of-way has been used for vehicular traffic, whether roadway improvements - 4 - PUBLIC HEARINGS - OTHER: (Cont'd) e Lipman Street Vacation (Cont'd) Break Municipal Code Amendments - Title 17 Ordinance No. 3272 e CITY COUNCIL MEETING February 6, 2007 6032 would be appropriate, whether a vacation would be in the public interest, and whether priority should be given to keeping streets connected. Deputy Mayor Williams moved to' vacate Vine Street between the Orcas/Lopez alley and the Orcas/Whidby alley at no compensation and to reserve the utility corridors. The motion was seconded by Councilmember Petersen. Fire Chief McKeen responded to an inquiry from the Council as to access for emergency vehicles, and Planning Manager Roberds reiterated staffs recommendation, indicating the vacation could be denied without prejudice. Manager Madsen informed the Council that improvements to Vine Street had been included in a past CFP but, because it was a lower priority, a project did not move forward. Staff provided further clarification to the Council in that the Planning Commission did not have all of the information at hand. Attorney Bloor responded to an inquiry by explaining this is a legislative matter that could be referred back to staff and/or the Planning Commission for further review. He also provided clarification on what the City is allowed to charge, as well as the legal implications of an 1889 law on statutory vacations. He felt the City has no evidence to say whether this street was vacated or not and, if a vacation were to be advanced, the process would still need to be followed. The Council continued to discuss and debate the issue, and the desire was expressed to take the time necessary to make a sound decision. A vote was taken on the motion, with Mayor Rogers, Deputy Mayor Williams, and Councilmember Petersen voting in favor ofthe motion, and Councilmembers Headrick, Munro, Braun, and Wharton voting in opposition. The motion, therefore, failed. It was pointed out that this vote is without prejudice, so staff could return at a future date on the proposed vacation. Mayor Rogers recessed the meeting for a break at 9:24 p.m. The meeting reconvened at 9:34 p.m. Deputy Mayor Williams moved to continue the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Munro and carried unanimously. 2. Municipal Code Amendments - Title 17: Associate Planner Johns referenced the discussion held at the recent City Council work session, wherein discussion was held concerning proposed housekeeping amendments to the Zoning Code. The majority of the changes were intended to correct typographical errors and grammatical mistakes. Many were brought forward in the interest of accomplishing consistency. Planner Johns provided a synopsis of changes made to Title 17 as an outcome of the Council's work session, to include added flexibility to landscaping, the removal of the dwelling unit definition, and changes to building height. Mr. Johns reviewed other changes that were incorporated, and discussion followed, with suggestions made as to future changes that might be considered to Title 17. At 10:03 p.m., Mayor Rogers continued the public hearing. David Michelson, a resident on 3rd Avenue in the County, posed questions as to building height requirements, all of which were responded to by Manager Madsen. There being no further testimony, the public hearing was closed at 10:07 p.m. Mayor Rogers read the Ordinance by title,' entitled ORDINANCE NO. 3272 AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. - 5 - 60313 CITY COUNCIL MEETING February 6, 2007 Municipal Code Amendments - Title 17 Ordinance No. 3272 (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Transfer Station Ordinance Revision Ordinance No. 3273 RESOLUTIONS: Elwha Surface Water Intake Easement with National Park Service Resolution No. 4-07 OTHER CONSIDERATIONS: Solid Waster Transfer Station Interlocal Agreement PUBLIC HEARINGS - QUASI-JUDICIAL: Deputy Mayor Williams moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Braun and carried unanimously. e 1. Transfer Station Ordinance Revision: Director Cutler summarized the housekeeping changes incorporated in the Transfer Station Ordinance, after which Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3273 AN ORDINANCE of the City ofPort Angeles, Washington, revising definitions and rates for the City's solid waste processing facility and amending Chapter 13.57 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Headrick seconded the motion, which carried unanimously. 1. Elwha Surface Water Intake Easement with National Park Service: Director Cutler informed the Council that, as part of the Memorandum of Understanding with the National Park Service (NPS), the City agreed to grant an easement over portions of its properties adjacent to the Elwha River. The easement will allow the National Park Service to construct the Elwha Surface Water Intake (ESWI) facilities, and operate and maintain the ESWI during the dam removal impact period. Director Cutler, indicating this is the second of three easements, used PowerPoint slides to show the area of involvement. He added that the terms and conditions of the easement are similar to those for the water treatment plant, but the City wiil be required to modify the lease with Fish & Wildlife for the relocation ofthe facility caretaker. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 4-07 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, authorizing the City Manager to execute an easement with the United States of America, acting by and through the National Park Service, for the Elwha Surface Water Intake and related facilities. Councilmember Wharton moved to pass the Resolution as read by title. The motion was seconded by Councilmember Munro and, following brief discussion, a vote was taken on the motion, which carried unanimously. 1., Solid Waste Transfer Station Interlocal Agreement: Director Cutler reviewed the Solid Waste Export and Transfer Station System Interlocal Agreement that was entered into between the City and the County in July of 2004. The City of Sequim recently decided to join the Interlocal Agreement, and Director Cutler summarized Sequim's desire to maintain flexibility on the term of the agreement, so it can opt out at the end of a five-year period if so desired. Deputy Mayor Williams moved to authorize the City Manager to sign the revised interlocal agreement that includes the City of Sequim. Councilmember Braun seconded the motion, which'carried unanimously. None. e - 6 - FINANCE: e Equipment Purchase - Light Duty Vehicles Eastern Urban Growth Area Sewer Project ~\ ..;.:~, \': ~)4' ,.' '\ I 1 1 .~ ).~, ~ Erickson Park Skate Park Improvements Equipment Purchase - Aerator & Top Dresser Bids e CONSENT AGENDA: CITY COUNCIL MEETING February 6,2007 6034 1. Equipment Purchase - Light Duty Vehicles: Director Cutler provided information relative to the purchase of four light duty vehicles, noting that approximately $12,000 was saved by the realignment of some equipment. Discussion ensued concerning a vehicle for the archeologist and the use of 4 x 4 vehicles. Councilmember Braun moved to authorize the City Manager to sign the contract and purchase orders for the light duty vehicles with Ruddell Auto' Mall for Schedules A,B, C, and D. The motion was seconded by Councilmember Petersen and carried unanimously. 2. Eastern Urban Growth Area Sewer Project: Manager Madsen reported that bids for the Eastern Urban Growth Area Sewer Project came in higher than the engineer's estimate, so there is a need to amend the Interlocal Agreement. He outlined the major points ofthe amendment in that the County agrees to pay all construction costs up to $6 million; the City will take action to apply to EUGA residential, industrial, and commercial customers the same rate as that applied to City residential, industrial, and commercial, without a sewer utility surcharge; and the County system development charge is increased from $2,600 to $3,000. Following brief discussion, Councilmember Munro moved to approve and authorize the Mayor to sign the amended interlocal agreement. Deputy Mayor Williams seconded the motion, which carried unanimously. ".\ ,,;,./ Manager Madsen informed the Council that an award of the contract has been temporarily delayed. Director Cutler indicated that discussions have been held with the Washington Department of Transportation on easements and franchises for the installation of the sewer line. The City had expressed its desire for an open cut, and WSDOT just today indicated its preference for a jack and bore for the utility corridor. Director Cutler indicated that further discussions must be held with WSDOT before a recommendation can be forwarded to the Council. 3. Erickson Park Skate Park Improvements: Director Cutler provided a summary of finish work to be completed at the Skate Park, to include the installation of additional fencing, sidewalks, entrance ramp, topsoil work, and seeding in the area. He indicated this is the second time out for bids, and two bids were submitted. Councilmember Munro moved to award and authorize the Mayor to sign the contract with RJ Services, Inc., of Port Angeles, in the amount of $34,606.70, including tax, for the Erickson Park Skate Park Improvements, Project 06-23 and, further, to authorize an additional Governmental Fund allocation in the amount of$8,000 ($38,000 total) for the project. The motion was seconded by Councilmember Petersen. Discussion ensued on the matter of contingency funds included in the project and the likelihood of completing the project without the contingency. Therefore, Councilmember Munro amended the motion to exclude additional contingency funds. Councilmember Petersen, as seconder of the motion, agreed to the amendment. A vote was taken on the motion, which carried unanimously. 4. Equipment Purchase - Aerator & Top Dresser Bids: Director Cutler reviewed the proposed purchase of an aerator and top dresser for the Parks Maintenance Division. Councilmember Munro moved to authorize the City Manager to sign a contract and purchase order with ,Western Equipment Distributors, Inc., for a ProCore 880 and a 414 Dakota Turf Tender. The motion was seconded by Councilmember Headrick and carried unanimously. The Council was informed that a corrected expenditure approval list had been distributed earlier. Councilmember Braun moved to accept the Consent Agenda, - 7 - I 6035 CITY COUNCIL MEETING February 6, 2007 CONSENT AGENDA: (Cont'd) INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: to include: 1.). City Council Minutes dated January 16; 2.) City Council Minutes dated January 30,3.) USDA Wildlife Management Agreements; and 4.) a corrected Expenditure Approval List - 1/6/2007-1/26/2007 - $ 4,136,394.67. The motion was seconded by Councilmember Munro and carried unanimously. e The next meeting of the City Council is scheduled for Tuesday, February 20,2007, during which time an important RTPO meeting has also been scheduled. In order to allow Council representation at the RTPO meeting, Councilmember Petersen moved to continue the February 20th Council meeting'to Wednesday, February 21, 2007. Councilmember Munro seconded the motion, which carried unanimously. Because the 2nd Seder ofPesach falls on Tuesday, April 3, Councilmember Munro moved to continue the City Council meeting of April 3, 2007, to Wednesday, April 4, 2007. The motion was seconded by Councilmember Petersen and carried unanimously. The Council was reminded of those traveling to the A WC Legislative Conference this coming week. None. The meeting was adjourned at 10:58 p.m. b~~1.~,,- Becky J. Up ,Ci Clerk e - 8 -