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HomeMy WebLinkAboutMinutes 03/03/2009 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES/ PRESENTATIONS: Martin Luther King, Jr., Essay Contest Recognitions Retirement Proclamation for Claudia Stromski PUBLIC COMMENT: e 6408 CITY COUNCIL MEETING Port Angeles, Washington March 3, 2009 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: None. Staff Present: Manager Myers, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, T. Pierce, R. Bonine, S. Sperr, G. Roggenbuck, K. Miller, D. Morse, T. McCabe, H. Freilich, C. Stromski, M. Puntenney, C. Kochanek, C. Delikat, and S. Roberds. Public Present: M. Fritschler, N. Fritschler, T. Fritschler, S. Fritschler, O. Campbell, P. Gagnon, J. Michalczik, D. Schanfald, P. Lamoureux, E. Petersen, C. Berg, and S. Zenovic. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Kidd. 1. Martin Luther King, Jr., Essay Contest Recognitions: Mayor Braun was joined by Port Angeles School District Superintendent Gary Cohn and Contest Coordinator Sandy Biasell in presenting certificates to the student winners of the School District's Martin Luther King, Jr., Essay Contest, as follows: Ellie Getchell, Emily Dodson, Jodi Cowin, Hannah Sanford, Ben Clark, Anton Kathol, Jaycee Caswell, Sofia Halverson, Michael Roggenbuck, Silas Isenberger, Raine Westfall, Lauren Rankin, Kelly MacIntosh-Ryan, Joshua Cook, Madeleine Fritschler, Della Rygaard, Mason Hargraves, Mitchel Spencer, Shianna Dankert, Erica Chapman, Robert Stephens, Jack Doryland, Devin Wyant, and Anna Tyndall. 2. Retirement Proclamation for Claudia Stromski: Mayor Braun read and presented a proclamation to Claudia Stromski, who is retiring as the Solid Waste Collection Supervisor after 21 years of service to the City. Public Works & Utilities Director Cutler presented Claudia with a plaque in honor of her service to the City. Darlene Schanfald, P. O. Box 2664, Sequim, representing the Olympic Environmental Council, referenced the License Agreement with Rayonier for the CSO tank, the amount of$1 00,000 having been spent on legal fees on the site, the amount of money to be spent in the future, and her opinion that the proj ect won't meet Best Available Science. She felt the project would be a waste of funding, stafftime, and citizens' money to think about the acquisition, which will continue to put hazardous materials in the Sound. Ms. Schanfald expressed the hope that the Council wouldn't sign the contract with Rayonier. Councilmember Williams indicated there had been a software problem with the previous - 1 - 6409 CITY COUNCIL MEETING March 3, 2009 PUBLIC COMMENT: (Cont'd) PUBLIC CEREMONIES/ PRESENTATIONS: (Cont'd) Clallam Business Incubator PUBLIC HEARINGS - QUASI-JUDICIAL: Reserve at Valley Creek Ordinance No. 3359 document, something that has since been corrected. Paul Lamoureux, 602 Whidby, recalled his previous suggestion regarding Rayonier, in _ that citizens can't afford it. He referenced an e-mail he sent to the Council stating that ,., several agencies should be part of the Rayonier situation, and he questioned why the other agencies aren't involved in the Harbor-Works Development Authority. Regarding the Lodging Tax allocation, Mr. Lamoureux reiterated a previous suggestion to increase the tax by $2.00 and apply it to the Chamber and the Air Service. Dan Burdick, 915 E. 101h Street, felt the City and Rayonier want to pursue the fastest and cheapest method for sewer, and as a citizen, he asked the City to invest in the best of treatment systems. He sought the involvement of DOE, appropriate agencies, and citizens. Marilyn Harbaugh, 312 W. 5th Street, expressed concern with having a tank to store sewer overflow, as it appeared there would have to be another choice made on the overflow. She expressed hope that a better solution would be offered. 4. Clallam Businesslncubator: Jim Haguewood, Clallam Business Incubator Executive Director, complimented past leaders who were party to forming the Incubator, and he discussed entrepreneurship and localization during the current economy. He used PowerPoint slides to discuss how the Incubator relates to others in the State, which has a total of 53 incubators, 56% of which were sponsored by a local public entity. The Clallam Business Incubator has attracted over $2 million in public investment, $300,000 in foundation awards, and $60,000 in State incubator grants. Mr. Haguewood delineated proven strategies, indicating the CEI is becoming the home for entrepreneurs to network and receive the resources they need. He discussed long term goals wherein $1 of public incubator operating funds generate approximately $30 in local tax revenue upon graduation. An estimated 84% of incubator graduates stay in their communities, and 87% are still in business after five years. Mr. Haguewood shared a list of Board members, explaining the composition and responding to a question in that the City Council does not have a representative on the Board. He discussed the Best Practice Start-Up Life Cycle, and stages of pre-launch through Year 5, indicating the program is currently in the Awareness Phase of Years 2 & 3. He reviewed key performance indicators, which are presented in a quarterly activity report to the City Council. Mr. Haguewood summarized the Entrepreneur Challenge, emphasizing the fact that Port Angeles is an area of emerging entrepreneurship, and the community must "grow its own." He reviewed in-depth the vetting process for potential clients, noting the goal is 51 firms, which equates to an 81 % occupancy. The CBI should graduate 3 per year with one failure per year. Discussion followed, and Mr. Haguewood responded to questions posed by the Council. He was thanked for the thorough presentation. 1. Reserve at Valley Creek: Community & Economic Development Director West summarized the preliminary approval of The Reserve at Valley Creek, the three phases, and the proposed approval of Phase I, wherein all conditions have been satisfied. Staff conducted an on-site inspection, and it meets all City standards. Attorney Bloor reminded the Council this is a quasi- judicial hearing, and any changes in status should be declared. Councilmembers Rogers and Williams indicated their status was unchanged, and Deputy Mayor Wharton indicated she is still a resident in the vicinity. Discussion followed, and a question was raised as to the time line on the remaining phases of the development. e Steve Zenovic, 301 E. 6th Street, Project Engineer, indicated the developer has five years for completion. It is anticipated that Phase II will be completed next year, and the final - 2 - e PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Reserve at Valley Creek Ordinance No. 3359 (Cont'd) PUBLIC CEREMONIES/ PRESENT A nONS: Port Angeles Harbor- Works Development Authority LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: e Break CITY COUNCIL MEETING March 3, 2009 6410 phase will follow in 2011. Staff responded to questions posed by the Council regarding fire sprinkler requirements noted on the mylar so they are known to be a requirement of the subdivision, split rail fencing that must be maintained, the requirement that the developer remit funds toward traffic mitigation, and street improvements. . Mayor Braun continued the public hearing at 7:33 p.m. There being no public testimony, the Mayor closed the public hearing at 7:33 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3359 AN ORDINANCE of the City of Port Angeles, Washington, approving Phase I of the Planned Residential Development known as The Reserve at Valley Creek PRD. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Kidd and carried unanimously. 3. Port Angeles Harbor-Works Development Authority: Orville Campbell, President ofthe Port Angeles Harbor-Works Development Authority, presented a status report on the Authority's activities, indicating there are 19 applicants for the Executive Director position. A search firm has been engaged to seek more applicants, and the Board will meet on March 16th to short list the applicants. It is anticipated that a selection will be made by the end of the month. The Board is seeking to retain legal counsel to assist in establishing a successful working relationship with the Lower Elwha Tribe, and to assist in the process for a Purchase and Sale Agreement and negotiations with Rayonier on due diligence. A selection should be made by March 16th. Mr. Campbell indicated that, over the past couple of months, the Board has formulated a 2009 Work Plan, which will be finalized and presented to the City and Port in the near future. A subcommittee was authorized to meet with City and Port staff to assure the PDA is meeting the requirements for both entities. The Authority has taken steps to acquire a storefront office at 1115 E. Front Street within the next 10 days. It is expected that the Authority will enter into discussions with Rayonier towards the end of the month on the due diligence phase. The process of applying for grants is also part of the work plan for due diligence, a process that will likely last 12 months or longer. The Authority is working on a site development plan for the economic component, which is the least specific of end uses for the Rayonier site and will be necessary to define and refine the economic portion for incorporation into the cleanup plan. Mr. Campbell noted the Authority is developing a budget to support the work plan. Discussion followed regarding the executive director search, the interviewing body for the position, and whether there is City and Port representation in the interview process. Manager Myers indicated the Board has been working very hard, and he complimented the members on their efforts. He reported that staff met with the Board members in an effort to improve communications; similar meetings will be ongoing. He noted the support provided by Human Resources Manager Coons in the executive director search. There were no late items added to the agenda. Mayor Braun recessed the meeting for a break at 7:49 p.m. The meeting reconvened at 8:01 p.m. - 3 - 6411 CITY COUNCIL MEETING March 3,2009 PUBLIC HEARINGS - OTHER: Upper Golf Course Road Sanitary Sewer Connection Ordinance No. 3360 WORK SESSION: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Fund Closure Ordinance Ordinance No. 3361 1. Upper Golf Course Road Sanitary Sewer Connection: Director Cutler advised the Council this would be the second reading of the Ordinance. Based on questions raised at the last meeting, he indicated a presentation would be made to clarify the proposed change to the connection fee. City Engineer Sperr used PowerPoint slides to summarize the two Ordinances passed in 1999 to recover the costs of the UUD, one of which was a one-time assessment on properties within the UUD boundary where it was assumed there would be a build out with one unit. Because of a rezone, the parcels became developable to more units. The second Ordinance was intended to recover other costs under an assumption related to 52 parcels south of the UUD. A charge of$7,101.36 was established and also applied to four parcels in the UUD that were assumed to have less development. Because there has been an expansion in the service area for connection to the sewer and the amount of potential connections, the charge of $1,964.20 is recommended for approval. Discussion followed, with Engineer Sperr and Attorney Bloor responding to questions. Attorney Bloor provided an in-depth explanation ofthe differences between the UUD Ordinance and the Ordinance establishing the sewer connection charge. Lengthy discussion followed. e Mayor Braun continued the public hearing at 8:24 p.m. Marilyn Harbaugh, 312 W. 15th Street, addressed the stormwater problem, and the fact there will be more people connecting to the sewer. She felt it would make sense to continue with the previous assessment in the interest of generating more revenue that could be applied to stormwater because of the increased density. Paul Lamoureux, 602 Whidby, spoke in support of the change ifit would ultimately result in the City recovering its original investment because of the increased density. There being no further testimony, Mayor Braun closed the public hearing at 8:30 p.m. Mayor Braun conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3360 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.72 of the Port Angeles Municipal Code relating to Upper Golf Course Road Sanitary Sewer Connection Charges. Councilmember Rogers moved to adopt the Ordinance as read by title. Councilmember Perry seconded the motion, and following further discussion, a vote was taken on the motion, which carried unanimously. None. 1. Fund Closure Ordinance: Finance Director Ziomkowski presented for the second reading the Fund Closure Ordinance that would formally close several City funds that are no longer being used. Mayor Braun conducted the second reading of the Ordinance by title, entitled ORDINANCE NO. 3361 AN ORDINANCE of the City Council of the City of Port Angeles, Washington, to close certain funds that are no longer used, and repealing Ordinance Nos. 256, 512, 534, 539, 802, 808, 852,964, Sections 1 and 2 of 1116, 1120, 1157,1158,1203,1551,1626, Sections 5 and 6 Of 1961,2060,2072, 2075,2094,2203,2227,2252,2421, Sections 1 and 2 of 2460, 2610, 2614,2890,2859,2060,964, 1626,2874, and Sections 13 and 14 of2890, and amending Section 3 of Ordinance No. 2288. e - 4 - e Fund Closure Ordinance Ordinance No. 3361 (Cont'd) RESOLUTIONS: OTHER CONSIDERATIONS: License Agreement with Rayonier for CSO Tank Park Sponsorship Policy FINANCE: Consultant Selection for Street Overlay (Economic) Stimulus Package, Project 08-03 Lodging Tax Allocation e CITY COUNCIL MEETING March 3, 2009 6412 Councilmember Perry moved to adopt the Ordinance as read by title. The motion was seconded by Deputy Mayor Wharton and carried unanimously. None. 1. License Agreement with Rayonier for CSO Tank: Attorney Bloor provided follow-up to a number of questions that were raised at the last Council meeting on the proposed License Agreement with Rayonier for the CSO tank. He indicated that staff went back to Rayonier to make suggested changes in response to those questions, so a new draft of the License Agreement has been produced. One additional change related to formatting was incorporated this evening. Attorney Bloor pointed out that a number of the comments made were related to the tank, and he emphasized that this agreement does not secure the tank for the City. The agreement's only purpose is to allow the City onto the Rayonier property to complete engineering, design, and investigation to determine whether it wants the tank for the CSO project. Discussion ensued, and individual Councilmembers provided input in that this is a license agreement, not a purchase and sale agreement. It was pointed out that time is of the essence in view ofthe deadline placed on the City by the Department of Ecology, various alternatives have been researched, and the City is subject to a substantial daily fine if the deadline is not met. Also of note was the agreement language whereby nothing in the agreement is intended to transfer the Licensor's liability to the Licensee or to diminish the Licensor's liability. Councilmember Rogers moved to approve and authorize the Mayor to sign a License Agreement with Rayonier Properties, LLC. Councilmember Williams seconded the motion, which carried unanimously. 2. Park Sponsorship Policy: Director Cutler indicated the policy needed additional work, so it was pulled from the agenda. 1. . Consultant Selection for Street Overlay (Economic) Stimulus Package, Project 08-03: Director 'Cutler presented information relative to the need for $12 million in street work. An allocation of approximately $310,000 from the stimulus funds is expected through Surface Transportation funding within the County, and the City identified two projects: Peabody, from 5th to 8th, and 5th Street, between Libertyand Ennis. Engineering firms have, been interviewed for engineering services of the street overlay projects, as the projects must be "shovel ready" by June 1 st. It is recommended that staff be authorized to enter into an agreement with Exeltech of Olympia, W A. Discussion followed, and Director Cutler responded to questions raised, indicating that others may be unable to have contracts executed in a timely fashion, which may result in a reallocation of funds. Some may also opt out, because they may be unable to meet time frames or regulations. Councilmember Di Guilio moved to authorize the City Manager to sign an agreement with Exeltech Consulting for professional services in an amount not to exceed $25,000. The motion was seconded by Councilmember Kidd and carried unanimously. 2. Lodging Tax Allocation: DireCtor West informed the Council that, at a meeting held on February 25,2009, the Lodging Tax Advisory Committee provided a favorable recommendation regarding the allocation of additional 2009 lodging tax funds for retention of air service to Port Angeles. In December, 2008, Kenmore Air approached several agencies indicating a need for additional funding in order to continue providing service to Port Angeles. - 5 - 6413 CITY COUNCIL MEETING March 3, 2009 Lodging Tax Allocation (Cont'd) CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: Kenmore has been a proven contributor to tourism in the area. Councilmember Rogers, Chair of the Lodging Tax Advisory Committee, provided further information on the discussion held at the committee meeting, indicating it is important to note there may be an approach to develop a marketing plan on the importance of the use of the airport and e the ability to maintain passenger service. A further consideration is the need to have the airport remain open for continued FAA funding for airport infrastructure. Councilmember Rogers indicated all community stakeholders are stepping up to the plate . in this regard. Discussion followed on the issue of lodging tax funding, as well as the importance of continued airport services. It was pointed out that Kenmore Air will be marketing Port Angeles, and that multiple committees are currently working on the coordination of overall transportation. Following discussion, Councilmember Rogers moved to concur with the Lodging Tax Advisory Committee recommendation amending the allocation of lodging tax funds for the 2009 Budget and authorize staffto define a funding plan and proceed with a contract, subject to the approval of the City Council. Councilmember Williams seconded the motion, and following further discussion, a vote was taken on the motion, which carried unanimously. Following brief discussion related to the Expenditure Approval List, Councilmember Perry moved to accept the Consent Agenda, to include: 1.) City Council Special Meeting Minutes of February 10,2009; City Council Meeting Minutes of February 17, 2009; 2.) Expenditure Approval List from 2/7/09 to 2/20/09 for $622,383.61; and 3.) Humane Society 2009 Agreement. Deputy Mayor Wharton seconded the motion, which carried 6 - 0, with Mayor Braun abstaining from the vote on the February 10,2009, City Council minutes due to his absence from the meeting. Councilmember Perry referenced an article concerning prisoners working at humane societies. Police Chief Gallagher responded that the Sheriffs Department provides prisoner services to the local Humane Society for maintenance work. Manager Myers directed attention to the Information Agenda, stating the Police Department Annual Report has been placed on the website. Kspecial election for the proposed Metropolitan Park District has been scheduled, and the City is preparing a fact sheet to answer common questions related to the Park District. It is expected that a resolution of intent for the election and a recommended tax rate will be submitted at the next Council meeting. The Save the Pool Committee has generated additiop.al funding for Pool operations. A meeting was held on the matter of the Lincoln Park trees, something that continues to be of concern from the standpoint of future operations of the airport. Manager Myers indicated the Port is completing a GIS survey to identify the nature of the problem. The issue will likely come to the Council for consideration in May. Manager Myers congratulated Director Cutler on his recent appointment to the Board of the Washington Chapter of the American Public Works Association. Manager Myers will be meeting this week with the Acting Manager ofthe City ofSequim in the interest of furthering future partnerships. Deputy Mayor Wharton referenced the Chamber of Commerce meeting where a presentation was made regarding the State Wellness Program. Councilmember Rogers shared information related to the A WC Wellness Program in which the City has participated for many years. Manager Myers indicated he would ask Human Resources _ Manager Coons to prepare a report in that regard. ,., Mayor Braun announced the City had over 1,000 visitors over the President's Day - 6 - e '---- e INFORMATION: (Cont'd) EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING March 3, 2009 6414 weekend for a basketball tournament. He congratulated the Recreation Department for its success. None. The meeting was adjourned at 9:27 p.m. &~i:t~' Gary Braun, yor - 7 -