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HomeMy WebLinkAboutMinutes 02/21/2006 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENT A TIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Soroptimist International Jet-Set Donation of San i- Can Rental for Waterfront Trail Proclamation in Recognition of RonJones' Induction into Washington Music Educators Association Hall of Fame WORK SESSION: Process for Filling Council Vacancy e 581'7 CITY COUNCIL MEETING Port Angeles, Washington February 21, 2006 Mayor Rogers called the regular meeting ofthe Port Angeles City Council to order at 6:00 p.rn. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Erickson, Munro, and Wharton. Members Absent: None - one seat vacant. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutkr, D.McKeen, T. Riepe, Y. Ziomkowski, T. Pierce, N.West, P. Bartholick, S. McLain, B. Sterling, S. Johns, and B. Coons. Public Present: M. Robin, L. Rotmark, P. Tietz, T. Ahlgren, V. & L. Sproat, P. Lamoureux, J. Powell, J. Harmon, C. Kidd, and D. Reed. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Braun. 1. Soroptimist International Jet-Set Donation of San i-can Rentalfor Waterfront Trail: Public Works & Utilities Director Cutler introduced Ms. Marsha Robin, President of Soroptimist. International Jet-Set, who was joined by other Jet-Set members in presenting a check for $1,060 for a Sani-can rental to be used on the Waterfront Trail, east of the Rayonier site. Ms. Robin advised the Council that the funds had been raised by a Jet-Set raffle and, in its ongoing support of the Waterfront Trail, the club cho~e to make this donation. 2. Proclamation in Recognition of Ron Jones ' Induction into Washington Music Educators.Association Hall of Fame: Ron Jones, Port Angeles High School Music Teacher, was unable to attend this evening's meeting, so the proclamation was deferred to the Council meeting of March 7, 2006. 1. Process for Filling Council Vacancy: Mayor Rogers provided a summary of requirements and eligibility criteria for filling the vacancy on the City Council. She recommended that the Council seek letters of interest up to February 28, 2006, and that a subcommittee comprised of Councilmembers Braun and Murno be established to review the letters and submit a recommendation to the Council as to the process to be followed. Mayor Rogers stressed the importance of having an expeditious and fair process. Councilmeml!J:er Williams moved to approve the recommendation as submitted for the process to - 1 - 5818 CITY COUNCIL MEETING February 21,2006 WORK SESSION: (Cont'd) Process for Filling Council Vacancy (Cont' d) Initiative & Referendum Process LATE ITEMS TO BE PLACED ON TillS OR FUTURE AGENDAS & PUBLIC COMMENT: CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Rolling Hills Subdivision Final Approval Ordinance No. 3236 be followed in filling the vacant position. Councilmember Munro seconded the motion. Discussion followed, and the suggestion was made that more time should be allowed to receive letters of interest. Therefore, Council member Williams amended the motion to receive letters of interest through March 7, 2006, with an appointment to be considered at the March 21st City Council meeting. Councilmember Munro, as seconder of the motion, agreed to the amendment. Attorney Bloor advised the Council there is no requirement to interview candidates; however, if interviews are conducted, they must be done by the entire City Council. A vote was taken on the motion, which carried unanimously. e 2. Initiative & Referendum Process: Mayor Rogers advised those present that the City has not received a signed, official letter from the Auditor's Office as to validation of petitions submitted on the initiative and referendum process. She indicated the City cannot take legislative action based on an e-mail, adding that the City Council takes this matter very seriously and will do everything according to the law. The Mayor indicated the matter would be addressed after the receipt of the official letter from the County Auditor and after appropriate notification has been given to the public. She anticipated the likely date the initiative and referendum process could be addressed would be at the special City Council meeting being projected for February 28th. Attorney Bloor advised the Council that the City had received a sample resolution from a group of citizens and, earlier this evening, he received a phone call from the group's legal counsel indicating the desire to change the draft resolution somewhat. Therefore, the City has two different proposals from the group at this time, and Attorney Bloor indicated he hadn't reviewed the second proposal. He indicated the City would be writing its own resolution, and it is unknown if portions will be taken from the sample resolutions. Manager Madsen added a loan agreement with the C1allam County Housing Authority as Finance Agenda Item J.5., as well as Benefits and Hiring Tools as Finance Agenda Item 1.6. Leonard Rasmussen, 2133 W. 14th Street, distributed and read into the record a letter he had given the Council with regard to his service on the Planning Commission. Councilmember Braun lauded Mr. Rasmussen's service for the past four years. Paul Lamoureux, 602 Whidby, stated his appreciation for the clarification provided regarding the initiative and referendum process, as well as recent changes made to the City Council agenda. Mayor Rogers read letters received from Port Angeles Hardwood and the Port of Port Angeles, both of which expressed appreciation to the staff members from Public Works & Utilities, as well as the Police Department, for services provided. Rolling Hills Subdivision Final Approval: Associate Planner Johns presented a summary of the Rolling Hills 28-unit subdivision, noting the Council was being asked to waive the second reading of the Ordinance. Following brief discussion as to the need to taken action expeditiously, Councilmember Braun moved to waive the second reading of the Ordinance. Council member Munro seconded the motion, which carried unanimously. Councilmember Williams disclosed that he is a realtor, but without any interest in the e property and with no transactions pending. Mayor Rogers disclosed that her husband is a realtor, also with no interest in the property. No one in the audience said that Councilmember Williams or Mayor Rogers should be disqualified from the considera- - 2- e ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Rolling Hills Subdivision Final Approval Ordinance No. 3236 (Cont'd) RESOLUTIONS: Set Date for Consideration of Street Vacation Petition- Anderson Resolution No. 3-06 Set Date for Consideration of Street Vacation Petition- Lunderville Resolution No. 4-06 Surplus of Personal Property Resolution No. 5-06 e , " ;'", ;" .~~.~ ,',;' CITY COUNCIL MEETING February 21,2006 5819 tion. Public Works & Utilities Director Cutler provided clarification of the Assignment of Savings. Mayor Rogers then read the Ordinance by title, entitled ORDINANCE NO. 3236 AN ORDINANCE of the City of Port Angeles, Washington, approving the Rolling Hills Subdivision. Council member Braun moved to adopt the Ordinance as read by title, citing Condition 1, Findings 1 - 20, and Conclusions 1 - 5. Councilmember Munro seconded the motion. Brief discussion followed as to what could conceivably happen if the developer failed to complete the project; staff provided clarification regarding some unfmished items due to the winter season. Attorney Bloor clarified that appearance of fairness is carried through from preliminary approval through fmal approval. A vote was taken on the motion, which carried unanimously. 1. Set Date for Consideration of Street Vacation Petition - STV 06-01 - Anderson, Portion of "P" and 16'h Streets South of Milwaukee Drive: Planner West stated that a public hearing will be set for April 4, 2006. Councilrnember Williams added that the Real Estate Committee had recommended approval of the street vacation. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 3-06 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for April 4th on a petition to vacate a portion of "P" Street and a portion of 16th Street in Port Angeles, Clallam County, Washington. Councilmember Munro moved to pass the Resolution as read by title. The motion was seconded by Councilmember Braun and carried unanimously. 2. Set Date for Consideration of Street Vacation Petition - STV 05-04 - Lunderville, Portion of "F" Street South of 12th Street: Planner West indicated this public hearing will be set for April 18, 2006, and Councilmember Williams indicated the Real Estate Committee is also recommending approval of this street vacation. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 4-06 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, setting a hearing date for April 18thto vacate a portion of 12th & "F" Streetin Port Angeles, Clallam County, Washington. Council member Wharton moved to pass the Resolution as read by title. Council member Munro seconded the motion, which carried unanimously. 3. Surplus of Personal Property: Finance Director Ziomkowski summarized information relative. to the surplus of computer equipment. Mayor Rogers read the Resolution by title, entitled - 3 - ~ 5820 CITY COUNCIL MEETING February 21, 2006 Surplus of Personal Property Resolution No. 5-06 (Cont'd) OTHER CONSIDERATIONS: 2006 - 2008 Labor Contract with AFSCME CSO Funding Options Break Green Crow Planned Residential Development - Campbell Avenue - Preliminary Approval RESOLUTION NO. 5-06 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, declaring various computer equipment surplus property, and authorizing disposal of the same. e Councilmember Williams moved to pass the Resolution as read by title. The motion was seconded by Councilmember Braun and carried unanimously. 1. 2006 - 2008 Labor Contract with AFSCME: Human Resources Manager Coons presented and reviewed highlights of the proposed contract with AFSCME for 2006-2008. Councilmember Braun moved to approve the labor contract between the City of Port Angeles and AFSCME Local #1619, covering the period of January 1, 2006 through December 31,2008, and authorize the Mayor to sign the contract. The motion was seconded by Councilmember Wharton and carried unanimously. 2. CSO Funding Options: Director Cutler advised the Council there are various funding sources available for capital projects required under the Combined Sewer Overflow (CSO) Reduction Plan, and he reviewed funding possibilities through the Washington State Public Works Trust Fund (PWTF). He recommended approval of the submission of certain loan applications, an action supported by the Utility Advisory Committee. Following brief discussion, Councilmember Wharton moved to authorize the Mayor to 1) sign a PWTF Pre-Construction Loan Application certification, in an amount not to exceed $600,000; and 2) sign a PWTF Construction Loan Application certification, in an amount not to exceed $3,000,000 and, if either or both loans are approved, to authorize the Mayor to execute the agreement(s). Councilmember Erickson seconded the motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 6:58 p.m. The meeting reconvened at 7:12 p.m. 3. Green Crow Planned Residential Development - Campbell Avenue - Preliminary Approval: Mayor Rogers announced this is a quasi-judicial process, and she posed questions to the Councilmembers on appearance of fairness issues and their ability to hear the matter in an objective manner. Councilmember Wharton disclosed that, while campaigning for office, she door belled in that neighborhood and discussed the area's drainage. Councilmember Williams stated he is a realtor, but has no transactions for this particular property. Mayor Rogers disclosed her husband is a realtor, and she then asked if any member of the audience wished to have a Councilmember disqualified from the consideration. Jack Harmon, a Port Angeles resident, stated he was not aware of this particular PRD, but he felt he had been remiss on a prior PRD consideration by not stating that any Councilmembers who could be selling property in the future from that PRD should recuse themselves .from the proceedings. He asked Mayor Rogers and Councilmember Williams to recuse themselves from the Green Crow discussion. Attorney Bloor offered clarification in that it would be at the individual Councilmember's discretion as to whether the matter could be heard impartially, as the reason cited by Mr. Harmon was insufficient to disqualify Mayor Rogers and Councilmember Williams, because a there is no transaction pending. Councilmember Williams shared his personal . ,., philosophy on the expertise he brings to the consideration, feeling he would be impartial. Discussion followed among the Councilmembers and with Mr. Harmon; - 4 ~ e Green Crow Planned Residential Development - Campbell Avenue - Preliminary Approval (Cont'd) I Municipal Code Amendment to Section 17.96 Appeals and Section 15.12 Flood Damage Prevention e CITY COUNCIL MEETING February 21,2006 5821 Mayor Rogers and Councilmember Williams remained for the consideration. Tim W oolett, for the applicant, felt that people are elected to office when the voters know their backgrounds. He asked that they continue in the discussion, but remain alert to the issue. Associate Planner Johns presented maps showing the location of the Green Crow Planned Residential Development, involving a43~lot subdivision on an 18.93 acre site, with 39 single-family residential lots and 5 multi-family lots for a potential of 74 dwelling units. He noted the 2+ acre park dedicated to the City, the three small wetlands on site, and the fact that the applicant had met the open space requirement that would include a park of more than five acres for recreational space under the power lines and in buffers around the wetlands. Mr. Johns discussed improvements to Rook Drive and Campbell Avenue, noting that the City would improve a portion of Campbell A venue out to Mt. Angeles Road. He further discussed the density allowed in the area. The Council held discussion on the dedication of the park, whether the City would be responsible for maintenance and operation, utility improvements, integration with adjoining streets, dedication of rights-of-way, possible traffic calming devices, speed limits, plans for a homeowners association, traffic flows, wetlands maintenance, and drainage. Tim W oolett, representing the applicant, Green Crow, addressed the wetland mitigation plan, anticipated covenants and restrictions, traffic impacts, support for a 20 mph speed limit, and the fact that the project didn't reach the maximum allowable density. Mr. Woolett discussed the 50' right-of-way, with 30' used for the street, asking the City to maintain the street as if it were a 60' right of way. Manager Madsen suggested this matter could be deferred to final approval. Discussion ensued on the issue of a 50' private road versus a 60' public road, as well as the intent of the Developer's Agreement entered into between the City and Green Crow, which is silent on public vs. private roads. Dennis Yakovich, Green Crow, stated his involvement in the negotiations of the Developer's Agreement, noting the intent was to have all public streets. He felt the issue couldn't be deferred to final approval, because the roads would have been installed by that time. Lengthy discussion ensued on matters related to drainage and drainage standards, traffic impacts on Rook Drive out to Campbell Avenue, and improvements to Campbell Avenue in the vicinity of the park. Mr. Yakovich returned to the podium and stated Green Crow's generosity in providing a larger park and, for that reason, he felt Green Crow shouldn't be required to improve Campbell A venue contiguous to the park. He added that, if the City required those street improvements, then he would do a redesign with added lots. Further clarification was provided by staff, after which Mayor Rogers identified the two issues needing resolution: improvements to Campbell A venue and the 50' public versus private right- of-way. It was agreed that further clarification was needed from staff. Councilmember Braun moved to continue the Green Crow Planned Residential Development to the special City Council meeting that is anticipated to be held on February 28, 2006. The motion was seconded by Council member Erickson and carried unanimously. 4. Municipal Code Amendment to Section 17.96 Appeals and Section 15.12 Flood Damage Prevention: Planner West informed the Council of the two components of the Municipal Code needing amendment, one related to flood prevention that was deemed deficient according to the Department of Ecology, and the other related to an error in the notification upon appeal. He indicated this would constitute the first reading of both Ordinances. Mayor Rogers read the Ordinances by title, entitled - 5 - 5822 CITY COUNCIL MEETING February 21, 2006 Municipal Code Amendment to Section 17.96 Appeals and Section 15.12 Flood Damage Prevention (Cont'd) PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: FINANCE: Nippon Maintenance Agreement Loan Agreement with Housing Authority of Clallam County (HACC) ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of Title 15, as it relates to Flood Damage Prevention, of the Port Angeles Municipal Code. e ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Zoning Code, Title 17, of the Pori Angeles Municipal Code. The Ordinances will be brought before the City Council for adoption at its meeting of March 7, 2006. None. None. 1. Nippon Maintenance Agreement: Director Cutler advised the Council that, due to the forthcoming completion of configuration alterations to transmission interconnections between the dams, PUD substations, and the Nippon Paper Industries' mill, the entire transmission system supporting the mill will be inside the City. The proposed agreement will provide for maintenance services for these electric transmission lines. The Utility Advisory Committee recommended approval of the agreement once the reconfiguration takes place. Councilmember Munro moved to authorize the Public Works & Utilities Director to sign an agreement with Nippon Paper Industries USA Co. Ltd., for maintenance services for NPl's electric transmission line system within the City limits. The motion was seconded by Councilmember Braun and carried c unanimously. 2. Loan Agreement with Housing Authority ofClallam County (HACC): Manager Madsen introduced a proposed loan agreement with the Housing Authority of Clallam County to assist the HACC with the purchase of a 2.02 acre parcel of property inside the City to help meet future affordable housing development needs. The Housing Authority would like to purchase RMD zoned property on 18th Street with CDBG funds at this time because of increasing property prices. Pam Tietz, Executive Director of the Housing Authority, advised the Council oflimited property that is available for medium and high density development. The Housing Authority could potentially develop up to 25 units with a zero interest loan from the City. Manager Madsen reviewed CDBG funds currently available, indicating the Finance Committee had recommended approval of the loan. Brief discussion followed, after which Councilmember Munro moved to authorize the Mayor to sign a loan agreement for the Port Angeles housing rehabilitation program revolving loan funds in the amount of $95,000 to HACC for purchase of property for development of affordable housing. Councilmember Braun seconded the motion, which carried unanimously. e - 6 - Brown & Caldwell Consultant Agreement e " Equipment Purchase - Police Vehicles Erickson Park Restrooms Benefits and Hiring Tools CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: e .1.,;..:-",,:.'_;, CITY COUNCIL MEETING February 21,2006 5823 3. Brown & Caldwell Consultant Agreement: Director Cutler summarized the agreement with Brown & Caldwell for engineering services related to the City's wastewater and stormwater systems, and he detailed the various tasks to be completed. Councilmember Braun moved to approve and authorize the Mayor to sign an Agreement for Professional Services with Brown & Caldwell, Inc., in an amount not to exceed $850,000. Councilmember Williams seconded the motion, which carried unanimously. 4. Equipment Purchase -Police Vehicles: Director Cutler reviewed the budgeted purchase of one marked patrol vehicle, one marked K9 vehicle, two unmarked patrol vehicles, and one 4x4 pickup truck for the Police Department. Councilmember Munro moved to authorize the City Manager to sign contracts and purchase orders for two Crown Victoria sedans, two Chevrolet Impala sedans, and one Chevrolet Colorado 4x4 extended cab pickup truck from the state bid contracts. The motion was seconded by Councilmember Braun and carried unanimously. 5. Erickson Park Restrooms: Director Cutler provided a summary of research conducted to purchase outdoor restroom facilities for placement at Erickson Park. The types and associated costs were reviewed, and the Parks, Recreation & Beautification Commission supported the purchase of a pre-cast restroom. Councilmember Erickson moved to approve and authorize the City Manager to purchase a pre-cast restroom in the amount of $98,477.00, including sales tax, manufactured by CXT of Spokane, W A, utilizing the state bid contract. Also, it is recommended that additional funding in the amount of$25,000 be allocated from the Governmental Fund for capital facilities projects to complete the project. The motion was seconded by Councilmember Wharton and carried unanimously. 6. Benefits and Hiring Tools: Attorney Bloor referenced the City Council's prior approval of a statement of Goals, Policies, Benefits, and Hiring Tools. Staff subsequently learned that Section 2 of the Benefits could not be implemented as written, so it would be appropriate for the Council to amend the statement by deleting the portion of the last sentence that required payment to a Flex 125 Plan. Councilmember Munro moved to adopt amended Exhibit B. The motion was seconded by Councilmember Wharton and carried unanimously. Councilmember Braun moved to accept the Consent Agenda, to include: I.) City Council Minutes of February 7, 2006, regular meeting and February 11, 2006, special meeting; 2.) Expenditure Approval List - February 15, 2006 - $804,865.45; 3.) Tree Trimming Contract; and 4.) Special City Council Meeting of February 28,2006, to Interview Applicants and Make Appointments to City Boards and Commissions. The motion was seconded by Council member Wharton and carried unanimously. None. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 1 Yz hours under the authority of RCW 42.30.110(1)(i), litigation, and RCW 42.30.110(1)(b), real estate. No action was anticipated. The Executive Session convened at 9:40 p.m. and, at 10:50 p.m., the Executive Session was extended for an additional 40 minutes by announcement of the Mayor. - 7 - - ,t ..~l.;:,~ 5824 CITY COUNCIL MEETING February 21, 2006 RETURN TO OPEN SESSION: ADJOURNMENT: The Executive Session concluded at 11 :30 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 11 :30 p.rn. - 8 - e e