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HomeMy WebLinkAboutMinutes 03/06/2001 4397 CITY COUNCIL MEETING Port Angeles, Washington March 6, 2001 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order au REGULAR MEETING: 6:03 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, A. Broussard, T. Smith, and K. Asquith. Public Present: A. Harrison, L. Lee, W. Doty, P. Walker, C. Reid, and H. Wilmont. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: WORK SESSION/ Planning Commission Interview and Appointment PRESENTATIONS: The City Council interviewed Mr. Wayne Doty to fill a current vacancy on the Planning Planning Commission Commission. Upon completion of the interview, the Council discussed how Mr. Doty Interview / Appointment would be an asset to Planning Commission, after which Councilmember Erickson moved to appoint Mr. Wayne Doty to the Planning Commission for the unexpired term ending February 29, 2004. The motion was seconded bY Councilman Williams and carried unanimously. E-nable Visions Survey Final Report on the E-nable Visions Survey Mayor Doyle summarized the memorandum on the E-nable Visions Survey, which was submitted by Economic Development Director Smith. Mr. Smith, who was accompanied by Dennis Bragg and Karen Rogers, briefly highlighted the E-nable Visions information distributed to the Council. Dennis Bragg reviewed the results of the survey, noting that the majority of Internet users are under the age of 65 and have various reasons for using the Internet, ranging from shopping to doing research. Mr. Bragg advised the Council that it is imperative that the Interact is used to the fullest capacity in order to compete locally and nationally. A step that will need to be taken in order to compete on the Internet is a revision of the Infrastructure. Karen Rogers added that Port Angeles was the only community to become pro-active in the area of e-commerce by figuring out where the City was going, and where the City wanted to be. Ms. Rogers was able to promote the information gathered from the E-nable survey at a recent meeting. This later ensued into dialogue about various possibilities for the Port Angeles community. Councilman Campbell announced that the Port Angeles Works! Committee was - 1 - CITY COUNCIL MEETING 4398 March 6, 2001 E-nable Visions Survey pleased with the survey and the useful information it entailed. It was the Committee's (Cont'd) recommendation that the E-nable Visions report be accepted and distributed and, further, that the City proceed to Phase II of the E-nable tour. Councilman Campbell expressed the hope that the telecommunications companies already established here would help in the t-mancial efforts to obtain the necessary materials in promoting technological advances in the Port Angeles community. Brief discussion ensued with regard to the various phases of the E-nable plan, the financial status of the project, and the difference between successful and unsuccessful business web sites. Mayor Doyle commended the combined efforts of the Chamber of Commerce and business members in this community, which were key to the application of the survey. Mr. Bragg ended with the statement that the 'off shore' possibilities for local business are endless. Councilman Williams moved to accept the E-nable Vision survey report, distribute copies to various organizations, proceed to Phase II of the E-nable Visions tour, and authorize the City Manager's office to move forward with a potential revision to the Scope of Work on the consultant's contract within the confines of the original budget. The motion was seconded by Councilman Hulett which carried unanimously. LATE ITEMS TO BE Manager Quinn asked that a Resolution be placed on the agenda declaring a state of PLACED ON THIS OR emergency directly related to the earthquake. This was added to the agenda as Item FUTURE AGENDA: H.2. Councilman Wiggins asked to add a draft letter regarding the Elwha Dam removal. The letter was added as Agenda Item 1.5. Highland Courte Allan Harrison, 1834 East 5th Street, addressed the Council on behalf of the citizens living in the area of Highland Courte. He submitted a petition signed by 28 individuals, claiming there were various conditions of the Highland Courte Conditional Use Permit which were being violated. Specifically, Mr. Harrison cited Condition #3 pertinent to voluntary application for admission, noting there had been a court order for one of the patients to be admitted. Condition #5 established that applicants convicted of a violent, sexual, or felony property crime shall not be admitted or shall not receive further treatment. Mr. Harrison referenced documentation showing that a patient who had been convicted of a violent crime had been admitted, thus violating the condition. Mr. Harrison expressed frustration in that City staff had informed him the Highland Courte matter was in litigation, and enforcement action could not occur at this time. He felt that Highland Court was either operating legally or illegally. If Highland Court were operating legally, then Mr. Harrison felt the facility must comply with the conditions established by the City Carroll Reid, 1707 Lambert Lane, advised the Council he caa observe the facility from his home, and he described his observations in December, 2000, when he noticed a group of individuals coming out of the Highland Courte facility and proceeding to walk down a path to Lambert Lane, then to Lauridsen Boulevard, and proceeding to Golf Course Road. The group scattered out for two blocks, and then returned to the £acility. Mr. Reid did not think that there were more than t~ee in the group that were staff members, and he noted this to be a violation of Condition #8, which stated there was to be a one-to-one ratio of patients and staff members. Mr. Reid observed this same type of occurrence for five or six days, and the number of people to come out of Highland Courte was at times as high as seventeen people. Mr. Reid shared other similar observations where this particular condition had been violated. Mr. Reid then addressed Condition #10 relative to patients not being allowed to have their own vehicles On site. Mr. Reid noticed in December there were two cars parked -2- CITY COUNCIL MEETING March 6, 2001 4399 LATE ITEMS ,TO BE in that Vicinit~ for a period of three to four weeks, yet he saw no one leaving in them. PLACED ON THIS OR Then, in January, there were three cars parked in the same vicinity, and two people, FUTURE AGENDA: ~ pogsibly workers,' came oui with a w0mah who proceeded to get into the car that had (Cont'd) been parked there for three weeks and drove away. A young man, who had a pickup parked there for about four weeks, also came out with one person and proceeded to Highland Courte drive away in the truck. These type of incidences were not to be allowed by the stated (Cont'd) . conditions. Mr. Reid had called the Planning Commission to inform them of what was happening, but he has not seen any action. Heather Wilmot, 1840 East Laufidsen, addressed Conditions # 12 and # 14 relative to the requirement that Highland Courte shall receive advice and community input from an advisory board comprised of the Executive Director and a group of volunteer community members with priority given to volunteers from the surrounding residential neighborhood. Ms. Wilmot was certain that such an advisory committee had not been established, and she indicated several community members were interested in participating in this committee. Condition #14 established that Highland Courte would provide semi-annual verification of compliance with the conditions in the form of a written report to the Planning Department and Planning Commission including a list of treatment center violations reported to or by State agencies. The semi-annual report was to include a written report from the advisory board. The lack of compliance with the conditions was of concern to Ms. Wilmot. Mayor Doyle asked Attorney Knutson and Community Development Director Collins for input, and Attorney Knutson commented on the statement made that the City Attorney had repeatedly indicated that the City would not be pursuing enforcement of conditions while the matter is involved in litigation. If this impression was conveyed, it was incorrect. There was an issue raised by the neighborhood group's attorney as to whether the facility should be alloWed to operate at all, and Attorney Knutson noted that advice had been given to the Community Development Director, which was sent in a letter to the applicant in regard to the effect of the ongoing litigation on the continued operation of the facility. Attorney Knutson further noted that the Community Development Department has been actively reviewing the neighbors' assertions about conditions being violated, and City staffwill likely be discussing the additional matters that had been raised tonight in order to then respond back to the Council. Director Collins reviewed for the Council the process instituted in this type of situation in that complaints need to be in writing. The applicant is then contacted, the matter discussed, and a determination made as to what can be done to gain compliance with the conditions. If there are violations, and these violations are corrected, normally the situation is then considered to have been remedied. If a pattern of violations is observed, without any attempt toward correction, then the matter proceeds into enforcement. Enforcement is a lengthy process and can take a matter of months. Most complaints have been oral thus far, which makes it difficult to follow through with the process. Director Collins stated that written complaints are the legal way to approach the complaint process. Attorney Knutson indicated that the issue needing to be resolved in litigation is the issue of whether the center should have its doors open or not. The issue of enforcing conditions must be investigated in a timely manner, which is more efficient if there is cooperation between all parties. The enforcement of conditions will proceed irrespective of the litigation that is ongoing. Councilmember McKeown posed questions, wanting to know how many times an organization can violate conditions before something is done, as well as how the City could protect the rights of the area's property owners. Director Collins felt the Police should be contacted, with documentation of the event. Discussion followed on the violated conditions, as well as the required advisory committee. Attorney Knutson stated closure of the facility is the last resort, and there are other methods of -3- CITY COUNCIL MEETING March 6, 2001 North Olympic Peninsula l~i~~~ ~e North Olympic Peninsula Visitor & Convention Visitor & Convention Bureau, dislxibuted the VCB Annual Report to the Council. Mr. Bureau Hert briefly reviewed the report, describing the interactions and cooperative efforts that take place with the organization. He noted there had been a 5% increase in lodging in the Port Angeles area. Councilman Wilhams asked if the VCB had taken a position on the Gateway project, to which Mr. Hert responded it had not. He felt the group would be willing to address the matter. There was brief discussion in regards to the accuracy of the room tax increase reported, and Councilman Wiggins felt the Lodging Tax Advisory Committee would want to compare notes, particularly since the City's f'mancial statements were not in agreement. FINANCE: None. CONSENT AGENDA: Councilman Campbell referenced the portion of the minutes relative to the discussion on labor agreement modifications. He asked that the minutes be corrected to read, "the need for modifications generally arises out of the grievance process", not that they result in grievances. Councilman Wiggins moved to accept the Consent Agenda, with the correction noted, to include the City Council minutes of the February 20, 2001 regular meeting. The motion was seconded by Councilman Williams. A vote was taken on the motion, which carried $ - 0, with Councilmembers McKeown and Williams abstaining due to absence from the meeting. CITY COUNCIL Mayor Doyle and Councilmembers Hulett and Williams offered no report. COMMITTEE REPORTS: Councilmember McKeown reported on her attendance at the Gateway meeting, at which time artist renditions were displayed. On another matter, Councilmember McKeown reported on previous funding through the United Way 2000 budget allocation .for the Peninsula Dispute Resolution Center. The organization did not receive any funding for 2001, as the City did not feel it was much of a prevention service for children and families. Councilmember McKeown received a letter from their Executive Director who explained that one area addressed in this organization was family disputes, which prevents many problems that arise for our community and families. Because of this, the agency will be looked at more closely for next year's budget. Councilmember McKeown drew the Council's attention to a $600 donation from Soroptimist - Jet Set to the Parks Department for a brochure on all parks. She noted the Parks Department will be working on the Octopus near the Marine Lab Science Center. Councilmember Erickson attended and greatly enjoyed the Home Show. Councilman Wiggins stated that he was delighted with the renderings of the Gateway project, as people could get a better feel for what is being proposed. He and the Real Estate Committee toured the Landfill. Councilman Campbell attended the PABA meeting; there is a special meeting on March 7, 2001, at 7:30 a.m., where the group will debate approval of the Gateway Center on the Tidelands East. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: -'4- CITY COUNCIL MEETING March 6, 2001 440 RESOLUTIONS: 1. Authorization for Oty Manager to approve Labor Agreement Modifications Approval of Labor Mayor Doyle summarized the memorandum submitted by Manager Qumn, who advised Agreement Modifications the Council that staff had provided two options, one being to allow the City Manager Resolution No. 4-01 to approve changes to labor agreements which are non-economic and the other being to allow the City Manager to approve changes to labor agreements which are non- economic or have a one-time only economic impact of less than or equal to $5,000. At Mayor Doyle's request, Fire Chief McKeen briefly described a situation at the Fire Department where this Resolution could be beneficial. He noted that, in this particular instance, modification to the agreement improved operations and increased employee morale. Discussion followed. Councilman Wiggins moved to accept Resolution "B', which involved non-economic changes or those having a one-time only economic impact of less than or equal to $5,000. Councilmember McKeown seconded the motion. Mayor Doyle read the Resolution by title, entitled RESOLUTION NO. 4-01 A RESOLUTION of the City Council of the City of Port Angeles, Washington, delegating authority to amend collective bargaining agreements with regard to provisions that are either non-economic or have one-time only cost to the City of no more than $5,000. Councilman Williams stated that there needed to be some clarification on the amount of money spent, as well as the limitations. Attorney Knutson suggested that language be added to the Resolution whereby the City Manager would notify the Council in writing of any such amendments that involved expenditures of City funds. Councilman Wiggins, therefore, moved to amend the motion to add language to the Resolution that the Manager will inform the Council of any instance where there is a cost to the City. Councilmember McKeown, as seconder of the motion, agreed to the amendment. Mayor Doyle indicated he would vote against the motion, as the Resolution did not include cost benefits to the City. Consideration was given to how the wording of the Resolution could be improved to include cost benefits. Attorney Knutson offered language in that the Resolution would state, "which are either non-economic, result in a cost savings to the City, or have a one-time only cost to the City of no more than $5,000, provided that the Manager shall notify the Council of any amendments that involve the saving or expenditure of City funds". Councilman Wiggins moved to pass the amended Resolution as stated by Attorney Knutson, to which Councilmember McKeown agreed. A vote was taken on the motion, which carried unanimously. Earthquake and State of 2. Resolution Declaring a State of Emergency for Earthquake Damages Emergency Resolution No. 5-01 Mayor Doyle summarized.the memorandum submitted by Fire Chief McKeen. Chief McKeen informed the Council that, after further evaluation, Peninsula College had discovered a significant amount of damage, exceeding the amount of $250,000. There is concem that there may be other buildings in the City where the damage has not been fully realized. The declaration of a State of Emergency makes emergency funding available for business and residential owners. Mayor Doyle read the resolution by title, entitled, RESOLUTION NO. 5-01 A RESOLUTION of the City Council of the City of Port Angles, Washington, declaring a state of emergency and authorizing the exercise of -5- CITY COUNCIL MEETING 4402 March 6, 2001 Earthquake and State of emergency powers and the request of state and/or federal emergency Emergency relief and/or assistance. Resolution No. 5-01 (Cont'd) Councilman Williams moved to pass the Resolution as read by title. Councilman Wiggins seconded the motion, which was carried unanimously. OTHER 3. Agreement with Chamber of Commerce and Visitor & Convention Bureau for CONSIDERATIONS: Tourism and Promotion Services Agreement with Chamber Mayor Doyle summarized the memorandum submitted by Economic Development of Commerce and Visitor Director Smith with regard to the agreement for tourism promotion services. Mr. Smith & Convention Bureau informed the Council that the agreement is similar to that of the previous year, for Tourism and Promotion reflecting the partnership that has been formed. Some changes were made on the Services various allocations. Discussion ensued concerning the allocations, and Rick Hert, Executive Director of the Visitor & Convention Bureau, clarified the priority of seeking new events for Port Angeles. Discussion was also generated on how much money new events would qualify for in each year that they apply. Russ Veenema, Executive Director of the Chamber of Commerce, advised the Council that a quarterly update would be provided on March 20, 2001, and if the Council had any questions or concerns, these areas could be addressed at that time. Councilman Campbell moved to authorize the Mayor to sign the contract with the Port Angeles Chamber of Commerce and the North Olympic Peninsula Visitor & Convention Bureau for 2001 tourism information and promotion services. Councilman Hulett seconded the motion, which carried unanimously. Contract Amendment for 4. Contract/lmendmentfor Tourism and Marketing Program Tourism and Marketing Program Mayor Doyle summarized the memorandum submitted by Economic Development Director Smith on the matter of amending the contract for the tourism and marketing program with the Chamber of Commerce and the Visitor & Convention Bureau. Councilman ,Wiggins asked for a brief update on the contract, and Mr. Smith stated that the current contract is with the partnership that came about in 1998 between the Chamber and the VCB. At the present time, Copeland Communications is providing advertising. The issue of monitoring performance of the contract is coming up this spring. Mr. Hert indicated the Council would be provided with a thorough review of the entire advertising schedule, after which Mr. Veenema provided a summary of advertising placements in various periodicals. To date, the total expenditure is approximately $125,000 - $130,000. Councilman Wiggins moved to authorize the Manager to sign the contract amendment for the tourism marketing program with the Port Angeles Chamber of Commerce and the North Olympic Peninsula Visitor & Convention Bureau, extending the expiration date to December 31, 2001. Councilmember McKeown seconded the motion which carried unanimously. Councilman Wiggins informed the Council that the Lodging Tax Advisory Committee is attempting to treat the two taxes as one. Break Mayor Doyle recessed the meeting for a break at 8:05 p.m The meeting reconvened at 8:15 p.m. Park Board Vacancy 1. Park Board Vacancy Appointments Appointments Mayor Doyle summarized' the memorandum submitted by the Parks, Recreation & Beautification Commission, recommending the appointment of Patrick Deja and Chuck Whidden. Couneilmember MeKeown moved to appOint Patrick Deja to the Parks, Recreation & Beautification Commission for the term ending February 28, 2005, -6- CITY COUNCIL MEETING March 6, 2001 4403 Park Board Vacancy as well as Chuck Whidden for the unexpired term ending February 28, 2003 and, Appointments (Cont'd) further, that the application period to fill the third vacancy be extended to March 9, 2001. Councilman Campbell seconded the motion, which carried unanimously. 2000 Financial Report 2. Year End 2000 Budget Status Report Director Ziomkowski gave a power point presentation and distributed handouts pertinent to the 2000 Budget. Total expenditures for 2000 were $54 million, and a brief summary was given regarding the General Fund where CIP expenditures were substantial as the City began to catch up with equipment replacement. Other points highlighted were General Fund revenues, sales tax per resident, as well as property tax, which is the largest tax in the General Fund. Fines and forfeitures should be closely monitored, especially with jail costs rising. The funds relative to lodging taxes, street, governmental capital projects, utilities, electric, water and wastewater utility, and solid waste utility were reviewed in detail. Additionally, Director Ziomkowski provided an investment review, market overview, yield curve and the City's investment portfolio. Director Ziomkowski completed her presentation and responded to questions from the Council. Lengthy discussion followed with regard to the ramifications of electric rates, particularly as they may impact Daishowa. This led to discussion on how the City would need to balance the budget and make ends meet, either by cutting back services, capital costs, or personnel. Staff is currently developing a contingency plan directly related to electric rates. Councilman Campbell inquired about the Gateway Project costs thus far, specifically those to be paid by the City. Director Ziomkowski stated the amount for which the City is responsible so far is $68,000, most of which has been attributed to job cost. Transit and other grant funds will defray the balance. Manager Quinn clarified that approximately $300,000 has been spent to date for various aspects of the project. Consideration was given to the possibility of the money having to be refunded in the event the project is not pursued. Manager Quinn responded that if the project was not completed, then the community would be responsible for that amount of money, and Clallam Transit would be looking to the City for help with the majority of the funding. Councilman Williams wanted to clarify that although the money is going through the Clallam Transit books, the money being used is not Clallam Transit tax money. Peter Ripley, Port Angeles Journal, sought clarification as to whether the City was backing oljkof the Gateway project. Ma~or Doyle stated that the Council was just gathering information on,the City's liability if the project were not further pursued. He continued that no decision has~oeen made in this regard. Manager Quinn stated that his intent was to go ahead with the Gateway project. Councilman Williams asked if the Utility Tax was based on Utility Revenue, to which Director Ziomkowski responded in the affirmative. Councilman Williams suggested the possibility of tying the Utility Tax to consumption as means of a break for consumers who are actively conserving. Manager Quinn stated that there are many ,~options available to the C)~/,~b~there is concern that existing businesses will not be able to absorb the cost of ~c~ase. Mayor Doyle thanked Director Z:.zmz. nztv:kz. for the report, and Councilman Campbell commended Director Ziomkowski andthe.' nfl Finance Department for the beautiful reports and tracking of expenditures. Elwha Dam Position 5. Salmon Recovery Lead Entity Group Dam Position Statement Statement Mayor Doyle summarized the memorandum submitted by Director Collins in regards to an Elwha Dam position statement. Director Collins related that the County Natural Resources Division has suggested the letter be sent specifically to Norm Dicks, -7- CITY COUNCIL MEETING 4404 March 6, 2001 Elwha Dam Position for the dams to be removed in a concurrent fashion in a period of 3-5 years. The Statement (Cont'd) Councilmembers have supported that the dams be removed one at a time during a twelve-year interlude. Discussion followed cOncerning the cost effectiveness of each method of dam removal, the impacts of dam removal, as well as the pros and cons of signing the letter. Councilman Campbell stated that, by not signing the letter, the Council would be taking a public stance on the issue. Concern was raised as to how other organizations would view the City for not signing the letter. Attorney Knutson stated that the other organizations are pretty clear as to the position of the City, and there should be no surprise. Director Cutler noted that the National Park Service would be disappointed if it takes twelve years to remove the dams, as a great deal more time would be involved in maintaining the area of the dams. After further consideration, the Council agreed by consensus to not sign the letter. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: City Manager's Report: It was noted there will be a meeting of the Downtown Forward Executive Committee on Monday, March 12, 7:30 a.m. City Manager's Report Mayor Doyle referenced an agreement mentioned in the Council Goals update that is being, worked on between the City and the Lower Elwha Tribe. Manager Quinn assured the Council he would be providing a preliminary draft agreement for the Council's review. A brief status report was submitted on the width of the estuary bridge as it relates to shading and how fish navigate a creek. The City was able to modify the bridge to accommodate the fish and maintain the bridge for pedestrians. Councilman Wiggins thanked Director Ziomkowski for the report she provided relating to City expenditures and associated controls, EXECUTIVE SESSION: None. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. Becky J. -8-