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HomeMy WebLinkAboutMinutes 02/01/20055538 CITY COUNCIL MEETING Port Angeles, Washington February 1, 2005 CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Refunding of 1995 G.O. Bonds and 1995 Electric Utility Revenue Bonds Ordinance No. 3185 Ordinance No. 3186 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, Rogers [arrived at 6:15 p.m.], and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, and S. Johns. Public Present: S. Chapman, M. Glenn, T. Hockett, J. Leskinovitch, T. Ahlgren, M. Hope Wall, G. Kriedberg, P. Lamoureux, J. Gloor, T. Linde, R. Kennedy, A. Keunedy, T. Irwin, C. Newman, S. Kennedy, M. Doheity, T. Jennings, R. Pitt, M. Roon, M. Harrington, F. Andrews, and C. Kidd. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Finance Director Ziomkowski. None. 1. Refunding of 1995 G.O. Bonds and 1995 Electric Utility Revenue Bonds: Because the Bond Counsel and Financial Advisor were in need of returning to Seattle this evening, Mayor Headrick moved the refunding bonds to earlier in the agenda. Finance Director Ziomkowski informed the Council that the current interest environment is favorable for the City to refinance its outstanding 1995 voted general obligation bonds, as well as the 1995 Electric Utility bonds. By refunding the bonds, a 15% savings could be generated on the Electric bonds, and a 7.5% savings could be realized on the GO bonds. Director Ziomkowski introduced Bond Counsel David Thompson and Underwriter Jean Baker. With the use of PowerPoint slides, Director Ziomkowski discussed the voted general obligation bonds for the Library, indicating there would be a total savings of approximately $206,628 because of the refunding. For the Electric Utility bonds, the rethndmg should result in a total savings of $889,123. She informed the Council that it is being asked to adopt the two Ordinances, as well as the contract with Seattle Northwest for the sale of the bonds. Discussion ensued and, in response to an inquiry from Councilmember Munro, Director Ziomkowski indicated the bonds were callable in 2005. Attorney Bloor advised the Council that it is being asked to deviate from past -1- 5539 CITY COUNCIL MEETING February 1, 2005 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Refunding of 1995 G.O. Bonds and 1995 Electric Utility Revenue Bonds Ordinance No. 3185 Ordinance No. 3186 (Cont'd) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: practice in that it is not typical for the Council to adopt an Ordinance at its first presentation. However, in this instance, the Council is being asked to do so in order to capture the best interest rate possible. Councilmember Williams moved to suspend for the two bond Ordinances the normal rule regarding the adoption of Ordinances. Councilmember Pittis seconded the motion, which carried unanimously. David Thompson, Bond Counsel, approached the podium to clarify that the Council need not pass a motion to approve the escrow agreement. Approval of the escrow agreement and authorization for the City Manager to sign the agreement is included in the Ordinances. Mayor Headrick read the first Ordinance by title, entitled ORDINANCE NO. 3185 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance and sale of unlimited tax general obligation refunding bonds of the City in the aggregate principal amount of $2,345,000 to retired certain outstanding unlimited tax general obligation bonds of the City; authorizing the appointo~ent of un escrow agent and the execution of an escrow agreement related to such refunding; providing the date and form of said bonds; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay the principal of and interest on the bonds; and approving the sale of the bonds. Councilmember Pittis moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Williams and carried unanimously. Mayor Headrick read the second Ordinance by title, entitled ORD1NANCENO. 3186 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance of electric revenue and refunding bonds in the principal amount of $3,185,000 to refund certain outstanding electric revenue bonds of the City and to fmance the cost of certain improvements to the City's Electric System; authorizing the appointment of an escrow agent and the execution of mi escrow agreement related to the refunding; authorizing the terms of the bonds; establishing covenants to secure payment of the bonds; and approving the sale of the bonds. Couneilmember Braun moved to adopt the Ordinance as read by title. Councilmember Munro seconded the motion, which carried unanimously. Councilmember Braun asked for discussion regarding Cedar Street, which was added as Agenda Item 1.6. Manager Quinn asked for consideration of a Resolution in support of the School District's bond levies; the Resolution was added as Agenda Item G. 1. Mayor Headrick added a Resolution regarding the graving yard as Agenda Item G.2. Mike Glenn, Chief Executive Officer of Olympic Medical Center, advised the Council that OMC has applauded the efforts of the City Council to fluoridate the City's water supply. The Medical Center remains in support of fluoridation, as it is effective, safe, and an important part of the community's health and wellness comnntment. Fluoridation has been deemed by the Centers for Disease Control to be one of the greatest public health advancements in the last century. Fluoridation has been strongly -2- LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) CITY COUNCIL MEETING February 1, 2005 endorsed by the OMC Medical Staff, as well as local dentists. He asked for the Council's continued support. Peter Ripley, 114 E. 6th Street, #102, reiterated his conmaents from 2003 whereby he urged the Council to place the matter of fluoridation before the voters. He felt the public should be given an opportunity to support or oppose fluoride. He noted there may be a stigma attached to a public vote in that people may assume there is opposition to the well being of the children, which is not the case. Timothy Hocker is Deputy Director of the Olympic Community Action Programs, which includes an oral health care access program. Mr. Hocker urged the Council to stay the course, as he deals with poor people who cannot afford to obtain dental care. Fluoride would be a passive means to provide these low income individuals with improved dental health. Mr. Hockett has placed his hast in the medical and dental community and their position that fluoride would help the oral health of this community. Mr. Hockett indicated that the Council has made a decision and has a grant from the Washington Dental Service Foundation for a water fluoridation system. He urged the Council to move forward. Todd Irwin, D.D.S., President of the Olympic Peninsula Dental Society, supported Mr. Hockett's commentaries, noting there is a great deal of local suffenng, and more suffering and dental disease have occurred since this subject has been debated over the past two years. For all of the information provided to the Council on fluoride, Dr. Irwin felt the legitimate information states that fluoride is safe, effective, and needed. Gary Kriedberg informed the Council that he raised his daughters in South Carolina, having moved to Port Angeles seven years ago. Local dentists felt that the condition of the daughters' teeth was entirely too good for the girls to have been raised in Port Angeles. Mr. Kriedberg felt the Council made the right decision to fluoridate the water; he urged the Council to proceed. Tom Locke, County Health Officer, has the honor of being the current chair of the State Board of Health. He indicated that fluoridation is a community health policy decision that is difficult, because it is complex and controversial. Dr. Locke didn't feel that a public vote is the best way to make health policy decisions. The State Board of Health has passed some very controversial rules, and it would be unthinkable for the Board to put issues to a vote, as these types of decisions are their legal responsibility. Dr. Locke felt that the Council made a courageous decision, and he urged the Council to adhere to its original deterra/nation to fluoridate the water. Wallace Hinderer, a Port Angeles resident, favored non-fluoridation. He felt that it could be beneficial for children from ages 1 - 12 but, beyond that, he saw no value. He felt the Council was making a decision for those younger residents by imposing fluoridation on every citizen in the City. Mr. Hinderer felt that if fluoride carried weight and validity, then the people of the City would approve it. He felt this is not a decision for the City Council to make. Mary Meyer, 1504 MacDonald, thought she would be obtaining information about an advisory ballot this evening but, instead, she received a reminder nfthe past year. She felt that every individual should have the right to decide what is put in their body. Parents of children should be making similar decisions. Ms. Meyer was hopeful that the Council would let the people of the City exercise that right. Tyler Ahlgren, President of Protect the Peninsula's Future, advised the Council that the Board feels the issue of fluoride should be placed on the November ballot for a vote of the people. Steve Chapman, Pediatrician, thanked the Council for its Febmary, 2003, vote to 5540 -3- 5541 CITY COUNCIL MEETING February 1, 2005 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) fluoridate the water. He recognized a move on the part of the YMCA to move junk food and soda pop machines away from the entrance in the interest of health. Dr. Chapman felt there had been a great deal of"process" over the past two years, and he added that it was time to move forward on fluoride. Further, he expressed the opinion that it was time to stop spending taxpayer money on "process" by keeping something with a medical benefit away from children. He advised the Council there is no new information on the dangers of fluoride, and it is scientifically and medically supported. Dr. Chapman indicated that not everything needs to go to a vote, and it is time for the matter to be "put to bed". Joan Gloor, a resident on Black Diamond Road, informed the Council that she accesses places in town and does not want fluoridated water. She felt that the City should not medicate people with fluoride and that the matter should be put to a public vote. She reiterated her strong opposition to fluoride. Gail Hinderer read a prepared statement to the Council, indicating her opposition to fluoride. She supported the matter being put to a public vote, as the people should be given the opportunity to make the decision. Ms. Hinderer discussed the original proposal for fluoride, noting it is toxic waste. Further, she indicated that her daughter has multiple sclerosis and does not want fluoride. Jim Leskinovitch, President of the Board of Olympic Medical Center, expressed he was in favor of fluoridation. He felt it to be a health issue, and it has been proven that it works for over 70 years for all ages. Mr. Leskinovitch indicated fluoride is cost effective, and it is a preventative method used for the long-term health of individuals. He urged the Council to not listen to misinformation, but to be the leaders they were chosen to be. Scott Kennedy, Chief Medical Officer of Olympic Medical Center, discussed his three daughters being raised in a non-fluoridated community and having visited the dentist many times over recent months. Dr. Kennedy believed Dr. Locke's input in that fluoride is a public health issue for the community. He indicated there are decades of experience with fluoride, and there is sufficient evidence to move ahead especially because of the support from the medical and dental community. Dr. Kennedy noted there is a grant in hand and, although it will be costly, he felt it wouldn't be as costly as not providing fluoride for the children of the community. He urged the Council to hold firm with its decision. Maureen Hope Wall advised the Council that the water belongs to all of the citizens, and every person needs to decide what to do with the water. Mike Doherty, 617 S. "B" Street and Clallam County ComnUssioner, thanked the Council for partnering with the County on the "2 Good 2 Toss" recycling effort. He also expressed appreciation for the repairs to the Waterfront Trail, and he acknowledged Fire Chief McKeen's efforts with Joe Ciarlo in reviewing the oil spill draft docuraents. Mr. Doherty informed the Council he was raised in Port Angeles, and four generations of his family relied on area dentists. He supported Mr. HockeWs earlier comments to get on with fluoride. Mary Roon, employed at 930 Caroline, is a certified mid-wife who attended the first hearings on fluoride and heard about children with rotten teeth. Ms. Roon indicated she sees a lot of babies and their mothers in her profession, and there are many problems with cavities and abscesses among the mothers. There is no care for those mothers, and Ms. Roon described a situation that led to infection where a root canal was not affordable, so the tooth had to be pulled. She indicated that secondary infections due to teeth can cause harm to the fetus as well as the mother, and it is well known that damage to teeth causes problems during pregnancy. She felt this is a big problem, and she spoke in support of fluoride for mothers and their children. As a -4- LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) OTHER CONSIDERATIONS: Fluoride Discussion re: Potential Advisory Ballot CITY COUNCIL MEETING February 1, 2005 mother and grandmother who worked for the Mayo Clinic, Ms. Roon noted there were many patients from different ethnic groups exposed to fluoride, and never was there such a problem as there is in this area. She lived in Minnesota with fluoridated water, and her children, adopted children, and foster children never had cavities. Her husband grew up with fluoride and never had cavities until living in Port Angeles. Ms. Roon felt that the decision on fluoride is a "no brainer"and a public health issue that impacts everyone. Madeline Harrington, 902 Caroline, a pediatrician, spoke in support of fluoride, indicating that the science totally supports fluoridation. In her profession, Dr. Harrington sees totally rotten teeth, and it is very expensive for people who don't have dental care. She indicated that, because of fluoride, her children have fluorosis, but their teeth are very strong. She urged the Council to go forward with the original decision. Paul Lamoureux, 602 Whidby, felt that it wasn't the City Council's j ob to tell him what to do with his body, and he addressed the physicians and dentists in the audience by repeating the same sentiment. He felt the money from the Foundation should be used to serve the people who need fluoride. Mr. Lamomeux then indicated he was still awaiting information on solar energy, and he suggested an emergency alarm system for the City. The information from the Park Service on the Elwha Dam Removal Supplemental EIS has a deadline of March 15 for comments; he urged the City to not let that date pass. Mr. Lamoureux sought information regarding the Chevy station wagon that he thought was being traded for a new vehicle; Director Cutler clarified that the station wagon is in the process of being auctioned on E-Bay. Mr. Lamoureux appreciated clarification on funds involved in a project change order, and he then questioned the amount of funds expended on maintenance for the Waterfront Trail. 3. Fluoride Discussion re. Potential Advisory Ballot: Because of the interest in the potential advisory ballot for fluoride, Mayor Headrick moved consideration of that agenda item to the present. Councilmember Piths had asked that this matter be placed on the agenda, recognizing the decision on fluoride was made prior to his joining the Council. The Council had a chance to listen to testimony relative to SEPA, it upheld the SEPA information as being valid, and it provided more information relative to the impacts of fluuride, both pro and con. Councilmember Pittis felt the Council had an opportunity to step back to determine if there is another consideration, as the community has been well divided on an issue that is difficult to address. Noting his respect for comments from the medical community, he felt the argument that those ages I - 12 may need to be represented might be valid, but he was uncertain if that was the Council's role. He noted that in excess of $50,000 has been spent in trying to provide additional information for the SEPA appeal, which is a necessary part of the process. However, Councilmember Pittis suggested that the City voted on this matter before and, if another vote were held at this time, he would propose that the City host 3 - 4 informational forums to be professionally moderated. He recognized the City doesn't vote on every issue, but he was of the opinion that this issue is different. Therefore, Councilmember Pittis moved to have an advisory ballot in November and to host 3 - 4 forums to be moderated in conjunction with that ballot. The motion was seconded by Couneilmember Williams. Conncilmember Williams spoke in favor of the motion, indicating he has been erroneously characterized as being anti-fluoride. However, he hasn't stated his position on fluoride, and he didn't feel it was his duty. If there is a vote, he indicated he would vote his conscience. Councilmember Williams felt that, if the matter of fluoridation is a health policy decision, then the health professionals should provide the needed direction, such has been done on speed limits and chlorinated water. Such a matter should not be left to local options, as there is no consistency statewide. He indicated that people move to this town and don't realize the water isn't fluoridated, which is a 5542 -5- 5543 CITY COUNCIL MEETING February 1, 2005 OTHER CONSIDERATIONS: Fluoride Discussion re: Potential Advisory Ballot (Cont'd) FINANCE: CH2M Hill Contract Amendment continuing problem. He emphasized the fact this would only be an advisory vote to the Council and, if the Council maintained its current position, then the decision wouldn't change. Nevertheless, the opinion of the people would be made known for those drinking the water and for the children in their charge. Councilmember Williams shared information relative to the time fluoride was first discussed at the Utility Advisory Comrmttee, after which a recommendation was submitted to the City Council. Since that time, he conducted further investigation and, in terms of new information, it was his understanding there have been more discussions at the national level considering the validity of current maximum contaminate levels. With the newer information, some countties have revised the levels downward. Councilmember Williams reiterated his support of an advisory ballot and stated his hope that someone at the state and national level would take this into consideration and make it into a law if it is, indeed, a level of concern. Councilmember Braun disagreed with prior comments made, as the Council spent hours reading the text for and against fluoride and has attended hearings on the matter. He felt that nothing has changed. Councilmember Braun, having been born and raised in Port Angeles, recalled painful times at the dentist's office from a very young age. He noted that his children have fairly good teeth only because he fluoridated their water on a daily basis. He informed the Council that his daughter did graduate work in this particular area and works for the State of Hawaii. He shared that the Federal Government chose to fluoridate the water in Hawaii for all service personnel, but the remainder of the citizens opted not to participate as they were influenced by information that they accepted regarding the toxicity of fluoride. Councilmember Braun indicated he would vote against the ballot and the forums as the matter should be put to rest. Councilmember Munro appreciated both sides of the issue, as it is clear that it brings with it a great deal of emotion. However, he supported Councilmember Braun's position in that the Council listened to a lot of testimony on the matter. He stated his absolute trust in the advice from doctors and dentists, indicating he didn't question their recommendation. He felt that, when an apparent 100% of the medical community supports an issue with no economic benefit to be gained, he could see no reason why the Council would vote any other way. Councilmember Erickson initially supported fluoridation and, because she ran for election on that premise, she stated her continued support for fluoridation and intention to vote against the motion. Councilmember Rogers indicated she, too, would be voting against the motion, as there have been over two year's of discussion and analysis. She felt it was time to take the courageous step by moving forward with fluoridating the water. Mayor Headrick indicated it is a horrendous j ob to educate the public on such matters. He felt the Council spent many hours listening to testimony and reading materials on the subject, and the Council has the responsibility as elected officials to make these decisions. The Mayor did not feel it reasonable to pass the responsibility on to the public to make a decision. He added that it is a medical decision that should be made by the medical profession. A vote was then taken on the motion. Councilmembers Pittis and Williams voted in favor of the motion, and Mayor Headrick and Couneilmembers Munro, Erickson, Braun, and Rogers voted in opposition. The motion, therefore, failed. 1. CH2M Hill Contract Amendment: Public Works & Utilities Director Cutler presented information relative to the amended contract with CH2M Hill, explaining the consultant would provide engineering services related to the design of utility extensions to the proposed annexation area in the western -6- FINANCE: (Cont'd) CH2M Hill Contract Amendment (Cont'd) Spot Coatmg #2 Floating Cover, Project 04-10A Landfill Compactor Engine Replacement Waterfront Trail Repairs Break CITY COUNCIL MEET1NG February 1, 2005 UGA. The most significant issue is fire flow for the Mill, and costs also include the additional task of an Emergency Response Plan for the Water Utility. Director Cutler advised the Council that the City is looking to provide utilities to that area no later than November 1, 2005, and the fire flow would follow. He noted there is a meeting scheduled with the property owners this coming Thursday, 7:00 p.m., to discuss the project, associated costs, and projected time frames. Following brief discussion, Councilmember Williams moved to authorize the Mayor to sign Amendment No. 1 to the Consultant Agreement with CH2M Hill in the amount of $424,059.00, for a total contract amount not to exceed $842,059.10. Councilmember Rogers seconded the motion, which carried unanimously. 2. Spot Coating #2 Floating Cover, Project 04-10A : Director Cutler explained to the Council that the first successful bidder, Square Construction, could not perform the necessary work, so Public Works returned to the bid documents and inquired of the next bidder if the bid price would be honored. Grecor Construction agreed to hold the price, and staff is recommending that the contract for the floating cover be awarded to Grecor. Responding to an inquiry from Councilmember Pittis, Attorney Bloor clarified that the original contractor would be dropped from the Small Works Roster and considered to be non-responsive if it bids on any City project on or before December 31, 2005. In addition, Director Cutler indicated staffis studying the possibility of requiring a bond for projects over $35,000, acknowledging such a requirement would be more expensive for contractors. Couneilmember Pittis moved to award and authorize the Mayor to sign a contract with Greeor Construction of Olympia in the amount of $30,865.50, for Spot Coating the #2 Floating Digester Cover, Project 04-10A. The motion was seconded by Conneilmember Braun and, following brief discussion, a vote was taken on the motion, which carried unanimously. 3. Landfill Compactor Engine Replacement: Director Cutler presented information pertinent to the need to replace the engine on the Landfill compactor. An engine had to be installed right away and, because of the price, Council approval was necessary. Couneilmember Rogers moved to authorize the Director of Public Works & Utilities to secure the services of NC Machinery to replace the engine in an amount up to $20,000. Councilmember Braun seconded the motion. Discussion ensued with regard to the future use and/or resale of the compactor in view of the upcoming Landfill closure. A vote was taken on the motion, which carried unanimously. 4. Waterfront Trail Repairs: Director Cutler summarized the need to perform immediate repairs to the Olympic Discovery Trail east of the Rayonier Mill site, repairs that were necessitated because of high tides and winter storm events that undermined various portions of the Trail. Repairs can commence as of Monday and must be completed by February 15th in order to meet Fish & Wildlife requirements on the fish window. Director Cutler indicated that appropriate perrmts have been obtained from the County and, in response to Councilmember Rogers, he indicated the funding would come out of the unallocated portion of the CFP. Councilmember Williams moved to award the project and authorize the Mayor to sign a contract with Horizon Excavating, Inc., in the amount of $27,473.55 for the Olympic Discovery Trail Emergency Repairs Project 05-05. The motion was seconded by Councilmember Rogers and carried unanimously. Mayor Headrick recessed the meeting for a break at 7:20 p.m. The meeting reconvened at 7:35 p.m. 5544 -7- 5545 CITY COUNCIL MEETING February 1, 2005 Chamber of Commerce Contract Economic Development Council (EDC) Contract Request to Extend Humane Society Contract by One Month Vehicle Purchases from State Bid 5. Chamber of Commerce Contract: Russ Veenema, Chamber of Commerce Executive Director, submitted a report to the Council on the Chamber's marketing efforts for tourism promotion. He discussed details pertinent to lodging tax revenues, as well as the 2005 revenue projections. Mr. Veenema, in referencing occupancy rates on the Peninsula, noted that Port Angeles has realized higher than usual occupancies. He then summarized the 2005 brochure and delineated many of the changes made to the Vacation Planner. Mr. Veenema discussed with the Council the success experienced on the Dungeness Crab Festival, and he indicated the Council has been provided with the Chamber Board's goals and objectives. Discussion ensued with regard to increased revenues from sales tax, but Finance Director Ziomkowski clarified that approximately $222,000 was a one-time influx from the graving yard project. Manager Quinn then presented the proposed contract with the Chamber of Commerce for tourism marketing. He noted that the level of funding was higher than usual in view of the fact $100,000 from capital was placed in promotions and marketing. In addition, this contract contains a clause for annual renewal. Following brief discussion, Conneilmember Rogers moved to authorize the Mayor to sign the contract with the Port Angeles Chamber of Commerce for 2005 tourism information and promotion services in the amount of $337,527. Couneilmember Braun seconded the motion, which carried unanimously. 6. Economic Development Council (EDC) Contract: Manager Quinn presented the 2005 contract with the Economic Development Council, summarizing some of the minor changes made to the language. He noted that Jim Haguewood, Executive Director, had forwarded a more recent copy of the EDC Strategic Plan which was incorporated as an exhibit to the contract. Councilmember Munro asked for clarification regarding Section 7., Dispute Resolution, and Attorney Bloor indicated he would rewrite the clause for more clarity. Following brief discussion, Councilmember Rogers moved to authorize the Mayor to sign the contract with the Clallam County Economic Development Council for 2005 in the amount of $35,000 plus an allowance of $2,500 for in-~nd telephone service. The motion was seconded by Councilmember Williams and carried unanimously. Request to Extend Humane Society Contract by One Month: Manager Quinn advised the Council that the contract with the Humane Society expired as of December 31, 2004, and he has been working with the County and the Humane Society on a new contract. In the meantime, however, he indicated he would like the option of extending the old contract in order to pay the Humane Society under the same terms as the prior contract. The new contract is projected at $80,000 per year, and he expressed hope that it would be finalized and ready for Council review by the next meeting. Manager Quinn added that it may be moot, as the Humane Society has indicated it would not issue invoices until the new contract is approved. Couneilmember Eriekson moved to extend the contract with the Humane Society through the end of March, 2005. The motion was seconded by Couneilmember Pittis and carried unanimously. 8. Vehicle Purchases from State Bid: Director Cutler presented information on vehicle purchases, indicating he would like to withdraw action on the Toyota Prius. He asked that the Council approve the recommended purchase of the two police cars. Therefore, Couneilmember Pittis moved to authorize the City Manager to sign contracts and purchase orders for two Ford Crown Victoria police cars. The motion was seconded by Councilmember Munro and carried unanimously. -8- CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: RESOLUTIONS: Resolution in Support of School District Bond Levies Resolution No. 3-05 Resolution in Support of Letter to Governor with Accompanying Statement of Principles - Graving Yard Resolution No. 4-05 CITY COUNCIL MEETING February 1, 2005 Councilmember Braun moved to accept the Consent Agenda to include: 1 .) City Council Minutes - January 18, 2005; and 2.) Expenditure Report - January 21, 2005 - $857,324.46. The motion was seconded by Councilmember Munro and, following brief discussion, the motion carried 6 - 0, with Councilmember Erickson abstaining due to absence from the January 18, 2005, City Council meeting. None. 1. Resolution in Support of School District Bond Levies; and Resolution in Support of Letter to Governor with Accompanying Statement of Principles - Graving Yard: Manager Quiun presented for the Council's consideration a Resolution supporting the School District's Maintenance & Operations Levy renewal. Councilmember Williams inquired as to past practice in seeking public input before passing a Resolution of this nature. Attorney Bloor understood the Council's desire to remain consistent, but he was unaware of any State law stipulating that a public bearing must be conducted, especially when the Council wasn't speaking in support of a City ballot measure. Lengthy discussion ensued as to the origin of the practice, and Councilmember Rogers indicated she had requested the Resolution in that it is critically important to support the education system in the community. Clerk Upton offered to secure the resource material that led to public input in the past. She departed the Chambers, so the Council turned its attention to the next Resolution under consideration, that being a Resolution in support of the letter to the Governor with the accompanying Statement of Principles on the matter of the Graving Yard. Mayor Headrick presented the Resolution, indicating it would provide support for the letter he sent to the Governor on the Graving Yard, in part because the Department of Transportation had suggested there wasn't much interest in Port Angeles inasmuch as there were only two Councilmembers involved in the process. Councilmember Erickson moved to pass the Resolution as presented, the title of which is set forth below. Councilmember Munro seconded the motion. RESOLUTION NO. 4-05 A RESOLUTION ratifying the letter to the Governor and the accompanying statement of Principles. Councilmember Pittis felt it important for the Council to pass the Resolution on a unanimous vote, as the City has been wrongly characterized as only having two Councilmembers supporting the issue and its economics. He felt the Resolution appropriately stated sensitivity and respect for the Tribe. Councilmember Erickson agreed, especially with the language in the Principles as to open discussion without charges of racism and without retaliation to the Tribe. Councilmember Munro also supported a unanimous vote in the interest of a stronger message for the meeting in Olympia. Councilmember Williams supported the Resolution, noting there are many long-term issues for the community, State and Nation. This is a unique situation, and there are many fundamental questions that need to be raised and resolved. He felt consensus needs to be reached and is attainable. Councilmember Braun, citing the consensus that was reached with the ultimate signing of the MOU on the Elwha Dams, expressed hope that a similar consensus could be reached in a win-win scenario. A vote was taken on the motion, which carried unanimously. Clerk Upton returned to the Chambers and, after reviewing the information she provided, Attorney Bloor advised the Council that the procedure of seeking public 5546 -9- 5547 CITY COUNCIL MEETING February 1, 2005 RESOLUTIONS: (Cont'd) Resolution in Support of School District Bond Levies Resolution No. 3-05 Resolution in Support of Letter to Governor with Accompanying Statement of Principles - Graving Yard Resolution No. 4-05 (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Adjust City Limits - Mt. Angeles Road and Portion of US 101 Ordinance No. 3187 input on a ballot measure was referenced in the Campaign Finance Act. However, in this instance, he didn't feel the Campaign Finance Act required delay or additional action, and, therefore, the Council could express an opinion on the School District levies. Discussion ensued and, based on input from Councilmember Erickson, Attorney Bloor agreed that the City could not invest funds to promote a bond or levy of its own. The City would be limited to providing an objective statement. The Council, therefore, considered the Resolution as presented earlier. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 3-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington, in support of the Port Angeles School District No. 121 Maimenance & Operations Levy Renewal and the Technology Levy for 2006-2009. Councilmember Rogers moved to pass the Resolution as read by title. The motion was seconded by Councilmember Munro and carried unanimously. 1. Adjust City Limits - Mt. ~lngeles Road and Portion of US 101: Community Development Manager Collins advised the Council that the Ordinance under consideration would adjust the City Limits in conjunction with the approval of the Green Crow Subdivision offMt. Angeles Road between Bent Cedars Way and the City Limits near Leighton Avenue. He indicated this would be accomplished in part by adjusting the City Limits to include Mt. Angeles Road at the southern boundary of the Key Subdivision to the northern boundary of the Green Crow Subdivision along Mt. Angeles Road following the quarter section lines. In addition, in conjunction with the proposed annexation along US 101 in the southwestern UGA, the Ordinance includes the US 101 right-of-way fi.om the Pine Street Cutoffwest to Doyle Road. Discussion followed as to the approximate length of Highway 101 being brought into the City Limits, and Mr. Collins projected it to be less than one mile. He noted that, once the City reaches a population of 22,500, it would then be responsible for the maintenance of that portion of Highway 101. He added that, although the County worked with the City on this boundary adjustment, it had not yet taken formal action of approval in the form of an ordinance or a resolution. Mr. Collins informed the Council that the Washington Department of Transportation had written a letter stating there was no objection to the City assuming this portion of Highway 101, and copies of that letter had been distributed to the Council. Further discussion ensued as to projected costs of highway maintenance once the annexation is complete and more of the highway is brought into the City. Director Cutler was uncertain as to how maintenance costs to the City might increase once the City reached the population of 22,500, because the City would also then take responsibility for maintaining First and Front Streets as well. In responding to Councilmember Munro as to why the City is taking in Highway 10I, Director Cutler indicated this was part of the annexation proposal to the west, plus it is important in getting the utility work completed. Discussion then centered around impacts to Police and Fire services because of the expanded area. Chief Riepe advised the Council that the department was supportive of the City's efforts and understood the benefits to the City. ChiefMcKeen indicated the Fire Department automatically responds to that area anyway because of a mutual aid agreement. The City will likely get more revenue by virtue of increased transports. Responding to Councilmember Braun, ChiefMcKeen indicated that area is still within the four-minute response time. Councilmember Pittis noted it may be worthwhile to seek a legislative change in the threshold of 22,500 in population, perhaps to increase the figure to 25,000 regarding highway maintenance. - 10- ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Adjust City Limits - Mt. Angeles Road and Portion of US 101 Ordinance No. 3187 (Cont'd) OTHER CONSIDERATIONS: Request to Circulate an Annexation Petition - Pitt - 2.30 acres, Homestead Avenue Request to Circulate an Annexation Petition - Andrews - 34.46 acres, Ahlvers / Laurel CITY COUNCIL MEETING February 1, 2005 Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3187 AN ORDINANCE adjusting the corporate boundary of the City of Port Angeles to include a portion of Mt. Angeles Road, and a portion of US 101 between Doyle Road and the Pine Street Cutoff. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Rogers and carried unanimously. Request to Circulate an Annexation Petition - Pitt - 2.30 Acres, Homestead Avenue: Mr. Richard Pitt, petitioner, addressed the Council, presenting a map of the subject area he wished to have annexed to the City. Councilmember Williams inquired as to the zoning, and Community Development Manager Collins indicated the City's closest zone would be RS-9. Conncilmember Williams noted that County zoning is likely LD, in which case 9 units per acre would be allowed. Mr. Pitt advised the Council that he wished to only double his density to two large lots; he could obtain sewer and water now at an additional fee. When asked by Mayor Headrick as to whether he was willing to assume the City's indebtedness, Mr. Pitt responded in the affirmative. Following further discussion, 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 and stipulating the assignment of zoning. The motion was seconded by Councilmember Braun. Councilmember Williams asked if the City is obtaining right-of-way as part of the annexation, and Mr. Pitt responded that when he sells the property, he would have an easement for the right-of-way to the east boundary. It would, therefore, include the right-of-way to the center of Homestead Avenue. A vote was taken on the motion, which carried unanimously. Request to Circulate an Annexation Petition - Andrews - 34.46 Acres, Ahlvers/Laurel: Community Development Manager Collins indicated the area in question is located southwest of Laurel and Ahlvers, and the site cannot be accessed through the County - it must be accessed in the City. However, only the portion of the subject area east of Valley Creek may be annexed into the City, since the area west of Valley Creek is outside the Urban Growth Area and, therefore, not eligible for annexation. The area west of Valley Creek is accessible only through the County. Francis Andrews, one- third owner of the property, approached the podium to answer any questions posed by the Council. When asked by Mayor Headrick as to the zoning for that property, Ms. Andrews indicated she thought it was similar to RS-9, which was acceptable zoning to the property owners. When asked if they would accept the City's indebtedness, Ms. Andrews answered in the affirmative. Councilmember Williams asked if there had been any discussion as to the possibility of traversing the property in order to have a hiking trail, and Mr. Collins responded that would be something to be pursued at the time of developmenL Conncilmember Rogers felt that, in the future, it would be helpful for the Council to know the current zoning of the property and what it would become once annexed into the City. When asked by Councilmember Williams as to improvements to Laurel, Mr. Collins believed improvements to that street must be made at the time of development. 5548 -11- 5549 CITY COUNCIL MEETING February 1, 2005 Request to Circulate an Annexation Petition - Andrews - 34.46 acres, Ahlvers / Laurel (Cont'd) Approve 3/4 Time Employee to Full Time - City Attorney's Office Set City Council Special Meeting Date to Conduct Interviews for Planning Commission Cedar Street PUBLIC HEARINGS - OTHER: PUBLIC HEARINGS - QUASI JUDICIAL: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: Councilmember Rogers 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. Councilmember Williams indicated his real estate broker resides in this area, and he asked if any of the Councilmembers had any objections to his voting on the motion. There were no objections, so a vote was taken on the motion, which carried unanimously. 4. Approve 3/4 Time Employee to Full Time - City Attorney's Office: Attorney Bloor summarized for the Council his request to increase a 3/4 time employee to full time, explaining the increased workload in the Attorney's Office and the need to increase efficiencies by having at least one full-time staffperson. Councilmember Braun moved to authorize the reinstatement of a full-time position for the Legal Department. Couneilmember Williams seconded the motion, which carried unanimously. Set City Council Special Meeting Date to Conduct Interviews for Planning Commission: The Council agreed to set a special meeting for Tuesday, February 8, 2005, at 5:00 p.m. In order to accommodate a larger than usual agenda for the Utility Advisory Cormmttee meeting to be held that same date, it was agreed to move the UAC meeting to 2:00 p.m. 6. Cedar Street: Councilmember Braun indicated the metal barrier on Cedar Street, northbound from 6th Street, has a hole in it due to mst. He asked for an update from Director Cutler, who indicated the City Engineer will be conducting an inspection. A more thorough report will be forthcoming. None. None. None. Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for 40 minutes under the authority of RCW 42.30.110(i), to discuss with Legal Counsel three matters relating to agency litigation or potential litigation; and an item under the authority of RCW 42.30.110(g), to consider the qualifications of an applicant for a public position. It was anticipated that action may be taken. The Executive Session convened at 9:40 p.m., and at approximately 10:20 p.m., the Session was extended to 11:15 p.m. by announcement of the Mayor. The Executive Session concluded at 11:15 p.m., no action was taken, and the Council reconvened in regular open session. e 'nB a jo ed 11:15 m. R)chard A. Headrick, Mayor Becky J. Upt~V~i~3/(21erk- f- - 12-