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HomeMy WebLinkAboutMinutes 04/05/2005 5599 CITY COUNCIL MEETING Port Angeles, Washington April 5, 2005 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quiun, Attorney Bloor, Clerk Upton, G. Cutler, M. Madsen, Y. Ziomkowski, L. Dunbar, S. Romberg, T. McCabe, D Bellamente, N. Riggins, S. Johns, G. Kenworthy, B. Coons, M. Shears, T. VanSickle, and K. Barber. Public Present: L. Crowley, E. Tuttle, B. Trodahl, K. & S. Romberg, R. Peterson, T. Jennings, F. & A. Andrews, P. Lamoureux, P. Schaefer, C. Kidd, S. Rigg, I. McKelvie, and C. Berg. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Pittis. ALLEGIANCE: PUBLIC CEREMONIES, Certificate of Recognition to Earnest L. Main: PRESENTATIONS AND PROCLAMATIONS: This item was deferred to a future meeting. Certificate of Recognition to Earnest L. Main Proclamation Recognizing Proclamation Recognizing National Public Safety Telecommunications Week, April National Public Safety 10- 16, 2005: Telecommunications Week Mayor Headrick read and presented to Communications Manager Riggins the proclamation recognizing the week of April 10 - 16, 2005, as National Public Safety Telecommunications Week. Manager Riggins introduced Communications Officers Marilyn Sheats, Todd VanSickle, Steve Romberg, and Kerr Barber. WORK SESSION: None. LATE ITEMS TO BE Manager Quinn asked for a moment of silence in honor of recently deceased City PLACED ON THIS OR employee, Bernie DeBoard, and in respect to Pope John Paul II. FUTURE AGENDAS & PUBLIC COMMENT: Manager Quinn then asked to add a Chip Seal Contract as Agenda Item D.6. Mayor Headrick, having been approached by the Director of the YMCA, asked that a special City Council meeting be set to hear a presentation by the YMCA on its pool proposal. Manager Quiun added that the Council could continue its discussion of the -1- 5600 CITY COUNCIL MEETING April 5, 2005 LATE ITEMS TO BE City's 2005 Work Plan at the special meeting. The Conncil, therefore, agreed to PLACED ON THIS OR conduct a special meeting on Tuesday, April 12, 2005, at 5:30 p.m. FUTURE AGENDAS & PUBLIC COMMENT: Linda Crowley, Vice President of the Port Angeles Swim Club, advised the Council (Cont'd) that the club has been in existence for 40 years, and it serves as a starter program to train students for the High School Swim Team. Prior to September, 2004, Ms. Crowley indicated the Club has had full use of the pool fi.om 5:30 - 7:00 p.m., Monday through Friday, during the school year, and 3:30 - 5:30 p.m. through the summer. However, in September, the Club was informed that the number of lanes would be decreased, and they would no longer have use of the dive tank and the shallow tank. Ms. Crowley noted there is an average of 50 kids using 5 lanes, and they are swimming into each other and are unable to get a good workout. In January, this matter was brought to the City Council's attention, at which time Ms. Crowley was directed to a subcommittee and/or the Parks Commission to resolve the issue of a proposal that would cost in excess of $200 per swimmer per year. Ms. Crowley indicated they had not been allowed to meet with either of the two groups to explain the needs of the Club; they had only met with Mr. Cutler and Ms. Reifenstahl, who maintained the original position of charging a full fare for swim passes, plus extra pool rental fees to use the areas needed. They were, therefore, appealing to be heard by the Council at a future meeting on the issue of whether they would be required to pay a fee when no other youth sport is charged a fee. The Swim Club has never paid a user fee on the members, and the kids haven't been required to pay the City a fee for pool use. In view of the special City Council meeting just set, Mayor Headrick indicated the matter would be placed on the April 12 Council agenda for consideration; he asked that the presentation be limited to 30 minutes. Ed Tuttle, 3909 Old Time Place, President of the Bay Loop Association and the Nu Dawn Coalition, referenced his 1997 appointment by the City Manager as a representative of the City regarding the Tacoma Narrows Bridge, as it was important for the citizens of the County to vote in the advisory election. Mr. Tuttle spoke as a proponent of citizens being able to vote on matters that affect them, such as annexation and fluoride. He provided further commentaries as to how the City Council should function, he provided a copy of a lawsuit on fluoride to the Mayor, and he responded to Councilmember Munro that he was not involved in the west side annexation. When queried by Councilmember Rogers as to whether he represented the Port Angeles Downtown Association, he responded he did not. Taylor Jennings, Owner of Art Space at 105 E. Front Street, invited the Council to attend the 2nd Saturday art activities, particularly the guided walking tour of the outdoor sculpture, concluding at the Revival Artisan's Studios West to create masterpieces for the upcoming Art on the Town auction. The date for the event is Saturday, April Bob Boyle, Port Angeles, referenced the west side annexation, indicating he had attended Monday's meeting of the P.U.D. A phonesurvey of the property owners in the area to be annexed was conducted to determine whowanted to annex to the City, and it was indicated that 75% did not want to annex. The figures were then recalculated, and the number was revised down to 46% who didn't wish to annex. Mr. Boyle indicated there had been a prior survey of residents serviced by the P.U.D. as to whether they wanted fluoride in the water and, of 180 votes, only 3 people wanted fluoride. Mr. Boyle urged the Council to think about ~vhat the people want. Manager Quiun indicated that, in the western annexation area, a current petition by property owners indicated 60% wanted to annex. Public Works & Utilities Director Cutler clarified that the figure was currently at approximately 57%, but he expected that by Wednesday, the figure would go over 60%. By Friday or Monday, it would likely increase to 70-75%. Cherie Kidd, 101 E. 10t~ Street, thanked the Council and staff for its support of the Skate Park. The groundbreaking was held the previous day, and she felt the Skate Park -2- CITY COUNCIL MEETING 5601 April 5, 2005 LATE ITEMS TO BE would be a positive addition to the City. PLACED ON THIS OR FUTURE AGENDAS & Paul Lamoureux, 602 Whidby, referenced written materials he previously provided to PUBLIC COMMENT: the Council on the matters of fluoridation, a surcharge on water rates, and a proposed (Cont'd) resolution to the graving yard situation. He briefly touched on the three issues, noting that the lawsuit on fluoridation was filed because so many people were not in favor of fluoride. He discussed the possibility ora water surcharge, making various suggestions in jest. Mr. Lamoureux referenced the upcoming Financial Report, enumerating various questions he would like to have answered. Finance Director Ziomkowski expressed a willingness to meet with Mr. Lamoureux, but she was certain many of his questions would be answered during her presentation. Peter Ripley, 114 E. 6th Street, #102, addressed the need for more tolerance in the community of people with disabilities. He felt that the disabled are often tteated with disrespect, and he urged the Council to set the tone that such actions will not be tolerated. Mayor Headrick urged Mr. Ripley to contact the Police Departmentin the event criminal activities were to occur in this regard. FINANCE: 1. Equipment Replacement, Mower & Tractor: Equipment Replacement - Director Cutler presented informationpertinent to the purchase of a mower and tractor Mower & Tractor from a State bid contract. He explained the needed specifications of the mower and tractor, and the fact that the total cost exceeded the budget by $22,000. However, in order to accommodate the increased cost, he advised the Council that a dump truck that was slated for replacement would not be acquired this year by virtue of efficiencies gained by combining the Parks Maintenance Division and the Street Division. Following brief discussion, Councilmember Braun moved to authorize the City Manager to sign a contract and purchase order with Western Equipment and Irrigation Distributors, Inc., for a new grounds mower and tractor in the amount of $69,000, including tax. Councilmember Pittis seconded the motion, which carried unanimously. Milbor-Pita Inspection 2. Milbor-Pita Inspection Services Agreement: Services Agreement Director Cutler informed the Council that the amount proposed for the agreement with Milbor-Pita should be corrected to $32,100. Based on previous input from Councilmcmber Braun, Milbor-Pita is being engaged to do an evaluation of the Cedar Street retaining wall. Director Cutler showed the Council slides of the retaining wall, indicating that a determination must be made as to whether the corrosion is structural or cosmetic. The proposed agreement will fund the first task, which is to evaluate the retaining wall. Deputy Director of Engineering Services Kenworthy advised the Council that staff is also concerned about other retaining walls, but this particular wall is the primary focus. Director Cutler indicated that a placeholder will be put in the CFP in the amount of $250,000 in anticipation of repairs to the retaining wall. Brief discussion ensued after which Councilmember Rogers moved to authorize the Mayor to sign an Agreement for Professional Services with Milbor-Pita and Associates, Inc., for an amount not to exceed the corrected amount of $32,100. The motion was seconded by Councilmember Williams and carried unanimously. Worthy & Associates 3. Worthy & Associates Consultant Agreement, Project 05-14; Consultant Agreement, Project 05-14 Director Cutler provided pertinent information to the proposed agreement with Worthy & Associates for the design of drainage improvements at Shane Park. He indicated that work is scheduled to begin September 1st of this year, and the Council subcommittee wants to proceed with design of the improvements. CouncilmemberRogers inquired as to whether staff is communicating with the user groups in order to keep them informed as the project proceeds. Director Cutler assured her that staff has met with the primary users, and communications will be ongoing. Councilmember Rogers -3- 5602 CITY COUNCIL MEETING April 5, 2005 Worthy & Associates moved to authorize the Mayor to sign an Agreement for Professional Services Consultant Agreement, with Worthy & Associates, LLC, for an amount not to exceed $24,500. Project 05-14 (Cont'd) Councilmember Williams seconded the motion, which carried unanimously. Industrial Water Line Leak 4. Industrial Water Line Leak Repairs, Project 05-08: Repairs, Project 05-08 Director Cutler advised the Council that, due to needed repairs to the Industrial Water Line, the City will proceed with the project at the time Nippon Paper Industries shuts down for scheduled maintenance in May. Staff solicited bids through the Small Works Roster; however, no bids were submitted. The Council is, therefore, being asked to authorize the City Manager to negotiate a contract with Western Waterproofing for the repair of the leaks. Repair costs are projected at between $20,000 and $50,000, and the City will be reimbursed for the final contract amount. Following brief discussion, Councilmember Braun moved to authorize the City Manager to enter into a time and materials contract with Western Waterproofing in an amount not to exceed $75,000. The motion was seconded by Councilmember Munro and carried unanimously. Supervisory Control and 5. Supervisory Control and Data Acquisition (SCADA) Upgrades at Waste Data Acquisition (SCADA) Water Treatment Plant: Upgrades at Waste Water Treatment Plant Director Cutler presented the proposed contract with S&B, Inc., for upgrades to the Supervisory Control and Data Acquisition (SCADA) system at the Wastewater Treatment Plant. Explaining the value of obtaining the upgrades, he emphasized the fact that many more efficiencies will be gained in the operation of the plant. Councilmember Williams moved to authorize the Mayor to sign and award a contract with S&B, Inc., to complete the necessary SCADA upgrades for an amount not to exceed $19,366.40. Councilmember Braun seconded the motion. Brief discussion followed, and Director Cutler responded to an inquiry from Councilmember Munro in that the upgrades would make the plant more efficient in terms of controls and data, but it would not necessarily result in the reduction of labor. Councilmember Rogers added that the upgrades will provide needed information for the necessarypermits. A vote was taken on the motion, which carried unanimously. Chip Seal Program 6. 2005 Chip Seal Program: Director Cutler reviewed bids submitted, and he provided information relative to a demonstrationproject being proposed, whereby the City would restore asphalt concrete residential streets with chip seal as opposed to an overlay. Over the last few years, the City has done overlays and has worked on Peabody Street, but it was decided to do further research on the possibility of chip seal in order to extend the life of the residential streets. Staffvisited Bainbridge Island, who uses the chip seal process, and various areas throughout town were identified for the chip seal program. Director Cutler reviewed the areas proposed, noting that costs were somewhat higher than expected due to fuel costs. ..~ ~ ~~_ ~&l.~Councilmember Rogers moved to award the contract for the 2005 Chip Seal  Program, Project No. 05-03, to Doolittle Construction, and authorize the Mayor to sign the contract in the amount of $324,860.00.~irector Cutler responded to Councilmember Munro, noting that costs are significantly higher with the overlay because of the curb cut costs. He added, however, that the City is still providing curb ~' .dS cuts for access by the disabled. Deputy Director Engineering Kenworthy of informed the Council that the State will be doing paving on Front Street to Lincoln, and curb cuts will be added or upgraded. Following brief discussion, a vote was taken on the motion, which carried unanimously. Break Mayor Headrick recessed the meeting for a break at 7:10 p.m. The meeting reconvened at 7:28 p.m. -4- CITY COUNCIL MEETING 5603 April 5, 2005 PUBLIC HEARINGS - 1. Surplus Solid Waste Equipment; OTHER: Mayor Headrick opened the public hearing on the surplus of utility equipment at 7:29 Surplus Solid Waste p.m. Director Cutler advised the Council that the consideration of surplus equipment, Equipment as well as the Solid Waste Service Agreement, are being combined since the surplus equipment would be sold to Waste Connections as part of the proposed agreement. Solid Waste Service Power Resource Manager Dunbar, with the use of PowerPoint slides, reviewed the Agreement process recommended by staff for the Council to follow in this consideration. In addition, as a follow-up to the public hearing held at the last Council meeting, Director Cutler reviewed input provided by two different individuals, one having to do with glass recycling, and the other having to do with a reduction in the size of containers. He indicated the latter would be reviewed at a future date. Mr. Dunbar then reviewed three findings for adoption by the Council with respect to the Solid Waste Service Agreement. Director Cutler itemized the equipment proposed for surplus, and Mayor Headrick opened the floor to public comment. There being no public testimony, the public hearing was closed at 7:35 p.m. Mayor Headrick opened the public hearing on the Solid Waste Service Agreement at 7:35 p.m. There being no public testimony, the public hearing was closed at 7:36 p.m. Couneilmember Rogers moved to surplus the following Solid Waste equipment: Knight Manufacture Mixer; Fiatallis Wl 10 Wheel Loader; Portec, Inc., Screen; Portec Conveyor, and two Unitec pit scales. The motion was seconded by Councilmember Williams and carried unanimously. Councilmember Rogers moved to authorize the Mayor to sign the Solid Waste Service Agreement with Waste Connections of Washington as negotiated, adopting Findings 1 - 3, as follows: 1.) Based on the evaluation criteria defined within the RFP, Waste Connections is determined to be the best qualified to provide the design, construction, f'mancing, and operations of the facilities and provide other services related to the proposed agreement; 2.) The terms of the proposed agreement are fair and reasonable. It is in the best interest of the City to proceed with acceptance of the proposed agreement in accordance with the interlocal agreement with Clallam County; and 3.) The proposed agreement is financially sound, and it is advantageous for the City to use the design/build method allowed by State law compared to a typical public work method. The motion was seconded by Councilmember Braun. Councilmember Pittis felt it important that the agreement is moving forward at this time, as it allows staffthe opportunity to appropriately deal with the employees who will be impacted by this action. He was certain that Human Resources and Public Works would do their best on behalf of the employees. A vote was taken on the motion, which carried unanimously. Councilmember Rogers expressed appreciation to the staff and to Waste Connections for an outstanding job, and Director Cutler thanked the Council and those Conncilmembers who served on the review committees. He felt that staff had been challenged by this project, and he felt the diligence of all concerned had most beneficial results. He thanked Yvoune Ziomkowski, Larry Dunbar, and Tom McCabe for their efforts throughout. He added that the contract is worth $90 million over 20 years, and it may well be the second largest contract ever approved by the City Council. Request for Annexation - 2. Request for Annexation - Andrews - Approximately 30+ Acres Southwest Andrews - Southwest Corner of the Intersection of Ahlvers Road and Laurel Street: Comer of Ahlvers Road and Laurel Street Economic & Community Development Director Madsen reviewed the salient points to Ordinance No. 3192 the request for annexation of properly located at the southwest comer of Ahlvers Road and Laurel Street. He indicated the petition was for 30+ acres, and the annexation would facilitate a planned residential development. The proposed annexation was sub- -5- 5604 CITY COUNCIL MEETING April 5, 2005 Request for Annexation - mitted to the Boundary Review Board on March 9th. Director Madsen advised the Andrews - Southwest Council that the Ordinance could be adopted this evening, but it could not be published Comer of Ahlvers Road until favorable action has been taken by the Boundary Review Board. The petitioners and Laurel Street agreed that the properS, could be zoned RS-7, Residential Single Family, upon Ordinance No. 3192 annexation. (Cont'd) Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3192 AN ORDINANCE adjusting the corporate boundary of the City of Port Angeles to include property consisting of approximately 29.84 acres east of Valley Creek for the purpose of providing municipal services. Couneilmember Braun moved to adopt the Ordinance as read by title, adopting Findings 1 o 9 and Conclusions A o E, as set forth in Exhibit "A' which is attached to and becomes a part of these minutes. The motion was seconded by Couneilmember Rogers. Councilmember Williams, because he is a realtor, inquired as to whether anyone had an objection to his voting onthe annexation. No objection was stated, and a vote was taken on the motion, which carried unanimously. Councilmember Rogers inquired as to when the City would hear from the Boundary Review Board, and Director Madsen indicated the Board has 45 days to respond, depending on how they received the notification, by mail or by hand delivery. Al~orney Bloor added that if the 45-day period has expired and the Boundary Review Board has failed to invoke jurisdiction, then the annexation is automatically approved. Request for Annexation- 3. Request for Annexation - Pitt - Approximately 2.30+ Acres East End of Pitt - East End of Homestead A venue: Homestead Avenue Ordinance No. 3193 Director Madsen summarized the information provided on the request for annexation for property at the east end of Homestead Avenue, noting it is a parcel of 2.30+ acres. The petitioners have agreed to accept a fair share of the City's existing indebtedness and the RS-9 zoning similar to adjacent zoning. Director Madsen indicated one comment was submitted by the public, and there has been no negative input. The proposed anuexat~on was submitted to the Bounda~ Rewew Board on March 9 , b because the property is smaller in size than the threshold established for review, the Board may decide not to review the annexation. Director Madsen recommended adoption of the Ordinance but, again, because the matter is before the Boundary Review Board, the Ordinance cannnt be published Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3193 AN ORDINANCE adjusting the corporate boundary of the City of Port Angeles to include property consisting of approximately 2.3 acres adjacent to Homestead Avenue. Councilmember Pittis moved to adopt the Ordinance as read by title, adopting Findings 1 - 9 and Conclusions A - E, as set forth in Exhibit "B" which is attached to and becomes a part of these minutes. The motion was seconded by Councilmember Munro and carried unanimously. CONSENT AGENDA: Councilmember Rogers moved to accept the Consent Agenda, to include: 1 ) City Council Minutes - March 22, 2005; 2.) Expenditure Report - March 25, 2005 ~ $1,481,224.72; 3.) Electronic Payments - March 25, 2005 - $1,750,844.00; 4.) Spot -6- CITY COUNCIL MEETING 5605 April 5, 2005 CONSENT AGENDA: Coating #2 Floating Cover, Project 04-10A; 5.) Senior Center Carpet Replacement; (Cont'd) 6.) United Way 2005 Contract; 7.) Reappointment of member to Law Enforcement Advisory Board; 8.) Recommendation for Appointment to Parks Commission; 9.) Water damage reimbursement, Charles May; and 10.) Oak St. Sewer Repair, Project 04-03. The motion was seconded by Councilmemher Williams and carried 5 - 0, with Councilmembers Braun and Eriekson abstaining from the vote on the minutes of March 22, 2005, due to their absence. CITY COUNCIL None. COMMITTEE REPORTS: RESOLUTIONS: None. ORDINANCES NOT Park Commission Membership Ordinance: REQUIRING PUBLIC HEARINGS: Councilmember Erickson moved to adopt the Ordinance, the title of which is set forth below: Park Commission Membership Ordinance AN ORDINANCE of the City of Port Angeles, Washington, clarifying voting procedures and defining a qunmm for the Recreation and Parks Commission, and amending Ordinance 1926, as amended, and portions of Chapter 2.32 of the Port Angeles Municipal Code. Councilmember Rogers seconded the motion. Director Cutler reviewed past situations where it has been difficult to obtain a quorum for the meetings of the Parks, Recreation & Beautification Commission. The student members had voted in support of the proposed changes in that they would become non-voting members. Lengthy discussion ensued, and individual Councilmembers expressed concern with the proposed changes, as they didn't want to diminish the importance of thc student members and the input they provide. It was felt the student members should retain the ir voting privileges, and various options were suggested in lieu of the changes before the Council. Attorney Blour thought that, since this particular committee wasn't required by the State, it may be possible to establish a mechanism for a floating quorum. However, he indicated he would like more time to confirm that opinion before the Council took action. Therefore, Councilmember Williams moved to table the matter to the next meeting. Councilmember Pittis seconded the motion, which carried 6 - 1, with Councilmember Erickson voting in opposition. At this time, Director Cutler readdressed the matter of the Solid Waste Service Agreement, apologizing for not directing attention to the valuable input and many hours of work provided by Attorney Bloor, to whom he expressed his sincere appreciation. OTHER 2004 Financial Report: CONSIDERATIONS: With the use of PowerPoint slides, Finance Director Zioinkowski presented the 2004 Financial Report Financial Report for 2004. Providing a City-wide summary, she indicated that total expenditures were $73 million, representing $5.3 million or 7.8% more than 2003. Personnel increased by 8% or $1.2 million, and it represented 23% of the budget. Charges for services increased by $1.4 million, which she indicated were mostly in utilities and insurance funds. Director Ziomkowski noted that capital and capital projects of $5.4 million increased by almost $2.4 million, representing 1 l% of the budget. She then reviewed in detail the accounting structure, explaining the different types of funds and emphasizing the fact that funds cannot be co-mingled. In explaining the different funds, Director Ziomkowski itemized the funds that have not been part of the budget due to inactivity, such as the P.A~ Teen Help Fund, the K-9 -7- 5606 CITY COUNCIL MEETING April 5, 2005 OTHER Program, and the Dare Program. She felt it may be helpful to start incorporating these CONSIDERATIONS: funds into future budgets, perhaps in the form of a separate listing in the statistical section. Discussion followed, with the Councilmembers posing questions as to how 2004 Financial Report these funds are established and the disposition determined. Director Zinmkowski (Cont'd) explained that, when funds are donated to the City for specific purposes, a separate fund must be established. The money in those funds can only be spent for the express purpose stated by the donor. It was agreed that the City has undertaken certain projects that could be enhanced somewhat by these funds, and the projects would certainly qualify based on the donor's wishes. The Council agreed that staff should formulate a recommendation on the disposition of these funds for future consideration. Director Ziomkowski further pointed out that many of the funds have been created by Ordinance, and any subsequent changes must be addressed in the same fashion. Director Ziomkowski reviewed in detail the performance of the GeneralFund in that revenue increased 7.7% over 2003, for a total of $15+ million. Expenditures of approximately $14.5 million were 11.4% or $1,483,000 more than in 2003. An increase orS1 million was realized for reserves. Most of the increase experienced in the tax category related directly to the Graving Yard, as well as to utility taxes. She discussed a comparison of sales tax from 2000 forward, as well as the various components from which the sales tax is derived. Property tax, which was set at the rate of $3.14 per $1,000, increased by $20,134 over 2003. There was a 1.4% increase in assessed valuation due to new construction, and 14% or $450,000 of property taxes was allocated to the Street Fund. Director Ziomkowski reviewed other revenues, General Fund expenditures, and the General Fund reserves. She discussed the outlook for the future, issues pertinent to budgetary variances, and thepros and cons of conservative budgeting. She felt that conservative budgeting is a smart and proactive approach to sound planning. Other funds reviewed were the Lodging Tax Fund and the Street Fund, followed by discussion related to other taxes and governmental capital projects. Director Ziomkowski provided a summary of the different utility funds and briefly touched on investments, particularly as they relate to Federal rates that have increased 7 times fi.om June 2004. Councilmember Williams generated discussion on the matter of the Rate Stabilization Fund, expressing the hope that efforts will be undertaken to rebuild the fund. Director Cutler indicated this issue would be considered as part of the rate studies being conducted this year. Upon completion of the Financial Report, Director Zinmkowskiwas thanked for such a comprehensive report and for doing such an excellent job. Applause followed. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Manager Quinn directed the Council's attention to the PIRA report that had been placed in their boxes earlier. He noted the upcoming Tenth Auniversaty of the Sister City Agreement with Mutsu City, Japan. In addition, he briefly discussed the Wetlands Delineation Report for property at 9th & 'T' Streets, which is in the Information Agenda. He indicated the matter would be brought back to the Real Estate Committee. Brief discussion followed as to potential mitigation at other sites. Councilmember Rogers, referencing the upcoming election on the School District's Maintenance & Operations Levy, asked that a Resolution be prepared to support passage of the Levy. Consideration of the Resolution was added to the Council agenda of April 12, 2005, and it was noted that public comment will be sought. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for approximately 40 minutes under the authority of (1) RCW 42.30.140(4)(b), to discuss a position to be taken in collective bargaining, and (2) -8- CITY COUNCIL MEETING 5607 April 5, 2005 EXECUTIVE SESSION: RCW 42.30.110(i), to discuss with Legal Counsel an item of litigation or the legal risks (Cont'd) ora proposed action. Action may follow. The Executive Session convened at 9:17 p.m., and at approximately 10:00 p.m., the Session was extended to 10:25 p.m. by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 10:25 p.m., no action was taken, and the Council SESSION: reconvened in regular open session. ADJOURNMENT: The meeting was adjourned at 10:25 p.m. l~ichard A He~a'~rick, Mayor B~cky J. Upt~ity~erk - v ~, - -9- Exhibit "A" 5608 FINDINGS AND CONCLUSIONS 1N SUPPORT OF ANDREWS ANNEXATION- ANX 05-02: Findings: 1. On February 1, 2005, the City Council considered a Request To Circulate An Annexation Petition submitted by Francis Andrews per RCW 35A. 14.120. Mrs. Andrews is a one-third property owner of the property described as consisting of 34.46+ acres situated at the southwest comer of Ahlvers Road and Laurel Street. The Council discussed that zoning of the site would be RS-9 Residential Single Family and that the property owners would assume their portion of the City' s bonded indebtedness at the time of annexation with Mrs. Andrews. Following that discussion, it was determined that an annexation could be circulated for consideration per RCW 35A. 14. 2. The Port Angeles Comprehensive Plan Land Use Plan as amended in 2004 was reviewed in its entirety with respect to the proposed action and contains the following Goal and Policies that apply and support the proposal: Growth Management Element Goal B: To ensure the orderly transition of land within the PAUGA into the City of Port Angeles. PolicyB. l: Annexation of land, which is outside the established boundaries of the PAUGA, shall not be allowed. Policy B. 2: Annexation of land from within the established boundaries of the PAUGA shall be in accordance with the adopted annexation laws. Policy B.3: Annexation of land, which is not adjacent to and/or contiguous with the established City Limits boundary-line, should not be allowed. Policy B.4: At the time of annexation, the City should appropriately classify and zone such land, based upon the City Comprehensive Land Use Map and the City Comprehensive Plan. Thereafter, the provisions, restrictions, and requirements of City Ordinance # 1709, The Port Angeles Zoning Code, shall apply to development of the armexed area. Policy B. 5: Annexation and development of land should be consistent with the orderly extension of urban services/facilities and in accordance with the City's Comprehensive Plan and capital facility planning. Policy B. 6: No annexation of land should be allowed in which existing development cannot meet the established concurrency requirements of the City within six years from the time of annexation. Policy B. 7: No annexation of land should be allowed which results in decreased minimum standards for City streets, water service, sewer service, and/or electrical service provided to existing residents of the City. PolicyB. 8: No annexation of land should be allowed which results in decreased minimum standards for City solid waste collection, stormwater management programs, emergency services and/or telecommunication services provided to existing residents of the City. Policy B. 9: Annexation boundaries should be drawn to eliminate boundary, interjurisdictional, and service problems. Policy B. 10: Necessary rights-of-way and easements should be obtained prior to or at the time of annexation. 5609 Findings & Conclusions - Andrews ANX March 22, 2005 Page 2 Policy B. 11: The City should facilitate any annexation in a manner that will minimize financial impact to all residents and businesses. Policy B. 12: The City should annex in accordance with State statutes its urban growth areas (UGAs) as facilities are extended into those areas and as new urban development takes place. 3. Per RCW 35A.14.120, a petition for annexation must contain at least 60% property ownership signatures. On February 4, 2005, the Department of Economic & Community Development received an annexation petition for the subject property signed by ! 00% of the property owners. The annexation petition was for~varded to the Clallam County Boundary Review Board on March 10, 2005. The City will not take final action on the ordinance until the Boundary Review Board has completed its review. 4. At a regular meeting of the City Council conducted on February 15, 2005, the City Council moved to require that the subject property be annexed at RS-7 rather than RS-9 Residential Single Family zoning which more closely corresponds with the existing County zoning of the property. 5. The subject property ownership consists of approximately 34.36+ acres. Approximately 4 acres of the site is located west of Valley Creek. Only the approximately 29.84 acres located outside of the UGA boundary (east of Valley Creek) may be considered for annexation. 6. Development of that portion of the site that contains the Valley Creek ravine, which is classified as a Type 1II Stream on the City's Environmentally Sensitive Areas Map, must be in accordance with standards provided in Section 15.24 (Environmentally Sensitive Areas) of the Port Angeles Municipal Code.. 7. The site contains an abandoned single family structure with pasture and trees. The single family structure is served with City electric but has a septic tank and a well. Desired utility services are not available from the County. City water and sewer are available in Ahlvers Road and Laurel Street. 8. Development proposed for the site will be reviewed with respect to the City's development ordinances and must comply with those standards. Areas that are located within 200 feet of the top of the Valley Creek Ravine will require review under Chapter 15 (Environment) PAMC which contains the City's Environmentally Sensitive Areas Ordinances. 9. County LD Low Density zoning is most similar to the City's RS-7 Residential Single Family zoning, which the petitioners have accepted. Conclusions: A. The City's Comprehensive Plan as amended in 2004 contains policies that encourage annexation with the Port Angeles Urban Growth Area which was established to accommodate growth which is expected to occur within the next twenty years. As conditioned, the proposed annexation is consistent with Growth Management Element Goal B and Policies B.1 to B.12 of the Plan. Findings and Conclusions - Andrews Anx 5610 March 22 2005 Page 3 B. The proposal is consistent with RCW 35.A. ! 4 (Annexation) which defines the procedure and analysis required for annexation of properties to a Code City. C. Adequate City utilities and services are available to the site to allow for development to urban densities. D. The developable portion of the site is not functionally accessible except from within the City limits. E. The proposed annexation area is contiguous to the City and contributes to a logical service area and a regular boundary. The annexation is therefore in the public interest and will allow for the development of additional residential property. dopted by the Port geles ity ouncil at its meeting of April 5, 2005. Richard A. Headrick, Mayor B~cky J. Ul~n, ~y Cl~rkF ~ Exhibit "B" 5611 FINDINGS AND CONCLUSIONS IN SUPPORT OF PITT ANNEXATION - ANX 04-01: Findings: 1. On February 1, 2005, the City Council considered a Request To Circulate An Annexation Petition submitted byRichard and Glenna Pitt per RCW 35A. 14.120. The Council discussed that zoning of the site would be RS-9 Residential Single Family and that the property owners would assume their portion of the City's bonded indebtedness at the time of annexation with the Pitts at that meeting. Following the discussion, it was determined that an annexation petition could be circulated for consideration per RCW 35A. 14. 2. Per RCW 35A.14.120, a petition for annexation must contain at least 60% property ownership signatures. On February 28, 2005, the Department of Economic & Community Development received an annexation petition for the subject property signed by 100% of the property owners. The annexation petition was forwarded to the Clallam County Boundary Review Board on March 10, 2005. The City may not take final action until the Boundary Review Board has completed its review. 3. The site contains a single family residence and accessory buildings, is flat, is approximately 135' x 654' in configuration, and is approximately 2.30+ acres in area. The property does not contain any Environmentally Sensitive Areas. 4. The Port Angeles Comprehensive Plan Land Use Plan as amended in 2004 was reviewed in its entirety with respect to the proposed action and contains the following Goal and Policies that apply and support the proposal: Growth Management Element Goal B: To ensure the orderly transition of land within the PAUGA into the City of Port Angeles. Policy B.i: Annexation of land, which is outside the established boundaries of the PAUGA, shall not be allowed. Policy B. 2: Annexation of land from within the established boundaries of the PAUGA shall be in accordance with the adopted annexation laws. Policy B.3: Annexation of land, which is not adjacent to and/or contiguous with the established City Limits boundary-line, should not be allowed. Policy B. 4: At the time of annexation, the City should appropriately classify and zone such land, based upon the City Comprehensive Land Use Map and the City Comprehensive Plan. Thereafter, the provisions, restrictions, and requirements of City Ordinance #1709, The Port Angeles Zoning Code, shall apply to development of the annexed area. Policy B. 5: Annexation and development of land should be consistent with the orderly extension of urban services/facilities and in accordance with the City's Comprehensive Plan and capital facility planning. Policy B. 6: No annexation of land should be allowed in which existing development cannot meet the established concurrency requirements of the City within six years from the time of annexation. 5612 Findings and Conclusions - ANX 04-01 Page 2 Policy B. 7: No annexation of land should be allowed which results in decreased minimum standards for City streets, water service, sewer service, and/or electrical service provided to existing residents of the City. PolicyB. 8: No annexation of land should be allowed which results in decreased minimum standards for City solid waste collection, stormwater management programs, emergency services and/or telecommunication services provided to existing residents of the City. PolicyB. 9: Annexation boundaries should be drawn to eliminate boundary, interjurisdictional, and service problems. Policy B. 10: Necessary rights-of-way and easements should be obtained prior to or at the time of annexation. Policy B. 11: The City should facilitate any annexation in a manner that will minimize financial impact to all residents and businesses. Policy B. 12: The City should annex in accordance with State statutes its urban growth areas (UGAs) as facilities are extended into those areas and as new urban development takes place. 5. The site is a City utility customer being served with water, sewer, and electric. Further development of the site will require observance of the City's development standards. 6. Access to the site is possible only from within the City by way of McDougal Street. Property adjacent to the site (east) is located in the County and can be accessed from Mt. Angeles Road, which is in the county in this location. Properties located directly west and north of the site are located in the City. 7. The Port Angeles Comprehensive Plan Land Use Plan as amended in 2004 was reviewed in its entirety with respect to the proposed action and contains the following Goal and Policies that apply and support the proposal: Growth Management Element Goal B: To ensure the orderly transition of land within the PAUGA into the City of Port Angeles. PolicyB. l: Annexation of land, which is outside the established boundaries of the PAUGA, shall not be allowed. Policy B.2: Annexation of land from within the established boundaries of the PAUGA shall be in accordance with the adopted annexation laws. Policy B. 3: Annexation of land, which is not adjacent to and/or contiguous with the established City Limits boundary-line, should not be allowed. Policy B.4: At the time of annexation, the City should appropriately classify and zone such land, based upon the City Comprehensive Land Use Map and the City Comprehensive Plan. Thereafter, the provisions, restrictions, and requirements of City Ordinance #1709, The Port Angeles Zoning Code, shall apply to development of the annexed area. Policy B.5: Annexation and development of land should be consistent with the orderly extension of urban services/facilities and in accordance with the City's Comprehensive Plan and capital facility planning. Findings and Conclusions - AN~( 04-0l 5613 Page 3 Policy B. 6: No annexation of land should be allowed in which existing development cannot meet the established concurrency requirements of the City within six years from the time of annexation. Policy B. 7: No annexation of land should be allowed which results in decreased minimum standards for City streets, water service, sewer service, and/or electrical service provided to existing residents of the City. PolicyB. 8: No annexation of land should be allowed which results in decreased minimum standards for City solid waste collection, stormwater management programs, emergency services and/or telecommunication services provided to existing residents of the City. PolicyB. 9: Annexation boundaries should be drawn to eliminate boundary, interjurisdictional, and service problems. Policy B. 10: Necessary rights-of-way and easements should be obtained prior to or at the time of annexation. Policy B. 11: The City should facilitate any annexation in a manner that will minimize financial impact to all residents and businesses. Policy B. 12: The City should annex in accordance with State statutes its urban growth areas (UGAs) as facilities are extended into those areas and as new urban development takes place. 8. The site is designated Very Low Density/Low Density (VLD/LD) in the County which most closely corresponds to the City's RS-11 Residential Single Family zone. Site dimensions, location, and neighborhood characteristics closely resemble RS-9 zoning. Given the site configuration and existing development, it would be difficult to divide the 2.30+ acre site more than once. The property owner's intent is to divide the property into two residential sites. 9. Prior to submittal of an annexation petition,( per RCW 35A. 14) the City Council met with the applicants on February 1, 2005, to discuss that the conditions of annexation would include the acceptance ora fair share of the City's bonded indebtedness and that the property would be zoned RS-9 Residential Single Family if annexed. Conclusions: A. The City's Comprehensive Plan as amended in 2004 contains policies that encourage annexation within the Port Angeles Urban Growth Area which was established to accommodate growth which is expected to occur within the next twenty years. As conditioned, the proposed annexation is consistent with Growth Management Element Goal B and Policies B.1 to B.12 of the Plan. B. The proposal is consistent with RCW 35.A. 14 (Annexation) which defines the procedure and analysis required for annexation of properties to a Code City. C. The site is currently served with City utilities (water, power, sewer). Findings and Conclusions - ANX 04-01 561~ Page 4 D. As the site is not functionally accessible except from the City, given the property location and the fact that the site has been served by City utilities for many years, annexation contributes to a logical service area and a regular boundary and to allow site development consistent with other development in the area. E. The proposed annexation area is contiguous to the City and contributes to a logical growth pattern while reducing an irregular boundary. The annexation is therefore in the public interest and will allow for the development of additional residential property. Adopted by the PoR Angeles City Council at its meeting of April 5, 2005. Richard A. Headrick, Mayor B~ck~ J. u~on,~ity Cl~rk't-- -