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HomeMy WebLinkAboutMinutes 04/18/2006 ~----- e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENT A TIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Proclamation - Tim Winn Proclamation - Occupational Therapy Month Proclamation - Earth Day e WORK SESSION: 2005 Financial Year-End Report 5884 ~~I 1 , .~ CITY COUNCIL MEETING Port Angeles, Washington April 18, 2006 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:04 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Headrick, Munro, and Wharton. . Members Absent: . Councilmembers Braun and Erickson. j~ ?i ::1 i:i Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, Y. Ziomkowski, L. Dunbar, N. West, G. Kenworthy, T. Pierce, T. Gallagher, T. McCabe, M. Puntenney, and H. Freilich. Public Present: E. Tuttle, T. Bockman, T. See, C. Jones, M. Douglas, V. & L. Embree, K. Werner, L. Sproat, P. Lamoureux, S. & B. Neff, V. Flake, C. Kidd, A. Bouck, R. Bradshaw, S. Kennedy, J. de Bord, E. Chadd, B. Richings, M. Mannix, J. & H. Freilich, S. Young, J. Ashleigh, P. Milliren, and A. Horrocks. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Deputy Mayor Williams. 1. Proclamation Recognizing Tim Winn as Washington Industrial Technology Education Association's Teacher of the Year: Mayor Rogers read and presented a proclamation to Roosevelt Middle School teacher, Tim Winn, recipient of the Teacher of the Year Award from the Washington Industrial Technology Education Association. 2. Proclamation Recognizing April as Occupational Therapy Month: Ms. Lynda Williamson, joined by other Occupational Therapists, accepted a proclamation from Mayor Rogers, who designated April as Occupational Therapy Month. 3. Proclamation Recognizing Earth Day: Designating April 22, 2006, as Earth Day, Mayor Rogers read and presented a proclamation to Public Works & Utilities Director Cutler, who indicated that this year's Benefit Dump Day will be held during the month of June. 1. 2005 Financial Year-End Report: Finance Director Ziomkowski, aided by PowerPoint slides, presented the year-end fmancial report for 2005, noting expenses were $80,267,979, representing a figure of - 1 - 5885 CITY COUNCIL MEETING April 18, 2006 WORK SESSION: (Cont'd) 2005 Financial Year-End Report (Cont' d) Comprehensive Emergency Management Plan LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: Break PUBLIC HEARINGS - QUASI-JUDICIAL: 8.6% less than budgeted. She reviewed in detail the City-wide expenditures involving personnel, charges for services, capital spending, and debt payments. Revenues for the year were $82,025,717 and were 3.2% less than budgeted. Director Ziomkowski presented a summary of General Fund revenues and expenditures, providing an analysis of both. She delineated additional capital authorizations, summarized reserves and transfers to capitalprojects, and provided an outlook for the future. Briefly reviewed were the Street Fund, sources .of revenue for the Street Fund, and other taxes. She also discussed Governmental Capital Projects, grants, utilities, and cash balances. Following a synopsis provided on City investments, the Council generated questions pertinent to the fmancial report. Director Ziomkowski and staff were connnended for their efforts in managing the City's fmances, and Councilmember Munro moved to accept the 2005 year-end financial report as presented. The motion was seconded by Deputy Mayor Williams and carried unanimously. e 2. Comprehensive Emergency Management Plan: With the use of PowerPoint slides, Fire Chief McKeen provided an overview of the City's Comprehensive Emergency Management Plan, something that is required by State law and is essential in terms of preparing for and responding to any type of disaster. Chief McKeen indicated the plan is a product of significant work by the City and the County and, referencing the prior plan, he noted the improvements made in the revised plan that better address preparedness, response, and recovery. He provided an in-depth review of the plan, the contents of the four volumes, and the coordination with other jurisdictions in the area. The State has deemed the plan to be an exceptionally complete and well-presented document, which will now be presented to the County and other cities. Chief McKeen indicated the plan needs to be promulgated by the Council and signed by the Mayor. Emphasis will be placed on training for all those who will be involved. Chief McKeen acknowledged Bob Martin, Clallam County Emergency Management Director. Discussion followed, after which Deputy Mayor Williams moved to approve the new Comprehensive Emergency Management Plan and authorize the Mayor to sign the Plan's Executive Summary page. Councilmember Headrick seconded the motion, which carried unanimously. Manager Madsen moved Agenda Item K.2. to the end of the agenda. Ed Chadd, 307 W. 6th Street, sought clarification as to Mayor Rogers' previous position on the formation of a Stormwater Utility. Ed Tuttle, 3909 Old Time Place, a County resident, expressed his support for an Aquatics Center on the Oak Street property, his support for an alternate route in and out of the City, and his opinion as to Councilmember Headrick's position on the Council. Leroy Sproat, 615 Thistle Street, sought feedback regarding street maintenance in his neighborhood. Director Cutler indicated a formal response is being prepared. Discussion followed, with Director Cutler providing additional information on street funding, the potential for an L.I.D., and the 2008 Capital Facilities Plan. Paul Lamoureux, 602 Whidby, addressed the Council on what he deemed to be improved demeanor. Gregory Birch, 1111 Columbia Street, representing the medical and dental connnunity, thanked the Council for fluoridated water. Mayor Rogers recessed the meeting for a break at 7:37 p.m. The meeting reconvened at 7:51 p.m. e None. - 2- 1- e e PUBLIC HEARINGS - OTHER: Solid Waste Rate Adjustments Ordinance No. 3243 CITY COUNCIL MEETING April 18, 2006 5886 Solid Waste Rate Adjustments: Mayor Rogers announced this is a continuation of a public hearing, and Director Cutler indicated that staff was prepared to provide follow-up from comments submitted at the first public hearing. Power Manager Dunbar, with the use of PowerPoint slides, reminded those present that the Landfill is scheduled to close by the end of 2006. Through an Interlocal Agreement with the County for an export system and subsequent requests for proposal, the City is moving forward with the rate-setting process to address fees for the transfer station, collection, and recycling. The costs for collection and landfilling have been separated, and an external review was conducted to set rates for pre- and post-closure. Mr. Dunbar further discussed the rate-setting process, and then addressed comments made at the previous public hearing with recommended changes. Those proposed changes involved: reducing the minimum fee for yard waste from $1 0 to $5 and retaining the proposed minimum fee for municipal solid waste from $8 to $10. Also, with regard to "snowbirds" it was recommended that there be no fee for water, wastewater, and garbage if electric service had been maintained. It was recommended that, pertinent to commercial refuse containers, the de[mition be clarified and the Director be allowed flexibility; associated replacement Pages 11 and 12 were provided for the Ordinance. Other recommended changes involved the City paying transfer station charges for Blue Mountain and yard waste collection, that recycling would be available upon request, that commercial recycling would be extended to other commercial customers, and flexibility from Waste Connections would be sought. Mr. Dunbar reviewed proposed collection rates: residential rates to be effective July 1, and commercial rates to be effective January 1. Also discussed were self-hauler rates . as ofJuly 1, 2006, the $5.00 minimum fee for yard waste, the minimum per ton for self- haulers, and transfer station rates for self-haulers as of January 1. The recommended changes were fully discussed and supported by the Utility Advisory Committee. Director Cutler clarified the reason the City is being forced to close the Landfill is because of the proximity to the airport, adding that the City has followed the County Solid Waste Comprehensive Management Plan as to what will be done with the waste. Other opti~ns were considered but determined not to be feasible or cost effective. Discussion followed and, at the Council's request, Director Cutler expanded on western Washington's issue of transporting garbage particularly as it relates to the rainy conditions. Discussion then focused on the costly permitting process, the fact that this is an unfunded mandate, and why commercial pick-up is different than residential. At 8:22 p.m., Mayor Rogers continued the public hearing. Vi Embree, 813 W. 11 th, expressed concern with yard waste and the fee associated with the recommended change. Allan Horrocks, 2410 S. Lincoln Street, felt that concentration should be placed on recycling with a minimum amount sent to a waste facility. He felt the proposal failed to meet this goal, and that focus should be placed on those who fail to recycle. Mr. Horrocks added that eligible materials in the garbage should be combined with yard waste for composting, and rates should reflect on those who don't recycle or compost. He distributed a letter to the Council, asking that a decision be deferred pending further consideration of composting and recycling. Tom See, 1701 W. 11 th Street, disagreed with comments made by staff on such matters as commercial collection being less than residential. Expressing views on the rate study done in 2004, he felt that the proposed rates failed to meet the equitable spirit stated in the study. He further questioned the frequency of pick-ups and associated charges and prmrided his analysis of the different rates, noting the significant increase with reduced service. Mr. See also addressed the matter of not accepting glass, feeling that residents will be placing it in the garbage. He asked for more equitable rates. - 3 - 5887 CITY COUNCIL MEETING April 18, 2006 PUBLIC HEARINGS - OTHER: (Cont'd) Solid Waste Rate Adjustments Ordinance No. 3243 (Cont'd) Break Jim de Bord, 1309 E. 7th Street, advised the Council of his ownership of the Blue Dolphin Car Wash at 111 E. 8th Street and his experience with people dumping trash in his cans, resulting in the need for increased pick-ups and increased cost. He expressed frustration with his efforts to get the matter resolved, and he questioned the City's ability and commitment for enforcement action against illegal dumping. He asked that something be done toward enforcement. e Ed Chadd, 307 W. 6th Street, a City resident, was distressed that all of the comments made at the last public hearing weren't reflected in the presentation this evening; however, Mayor Rogers and Councilmember Wharton provided assurances that every issue was addressed at length by the Utility Advisory Committee. Mr. Chadd engaged in discussion with the Council as to his prior testimony, and he felt the incentives to be wrong and that people would put yard waste in the garbage cans. He provided his calculations as to what rates should be, and he addressed the need to change behavior through incentives and enforcement. Paul Lamoureux, 602 Whidby, agreed that a decision should be postponed, and he read what he termed to be a facetious statement on yard waste and long hauling, questioning why there hadn't been pursuit of a co-generation plant that had been suggested in prior years. He discussed glass recycling, the lack of incentive for landscaping yards, and the fact that he planned to put yard debris in with his garbage. Mr. Lamoureux offered solutions in terms of a $1 container lease per month. Jeanette Ashley, 209 E. 11th Street, indicated she was new to the Peninsula and fmds recycling confusing. She felt that education would be appropriate, and she suggested the resale of composted yard waste, something that Mayor Rogers said was discussed at the last public hearing. Barbara Richings, 1503 W. 15th Street, asked about the disposal oflarge items, such as appliances and, since she lives in a mobile home park, she inquired as to the possibility of sharing containers at an adjusted rate. Mike Doherty, 617 S. "B" Street, expressed concerns as a City resident, noting that the 300 gallon containers resulted in increased volume. He provided a warning that the volume will increase when an effort should be made to limit the volume. He was concerned with the single stream process, indicating Nippon doesn't want contaminated paper. Every effort should be made to save jobs and generate discussion on City policy in this regard. Director Cutler addressed concerns raised this evening, such as the process of setting rates, actions based on citizen input over the past years, and doing away with the 300 gallon containers because citizens wanted to recycle. He provided a summary of the efforts of the Recycling Coordinator, and he discussed the differences between the City and County in terms of garbage and recycling, noting there have been additional efforts toward education and recycling. Director Cutler discussed the co-generation suggestion that has been determined not to be cost effective, and he indicated that once- a-month collection would have severe health issues and increased illegal dumping. Further, he discussed how single stream recycling is the preferred method of recycling, as there is greater overall participation. There is no market for recycled glass; however, the City has arranged three different drop locations. Also, he reviewed the possibility of privatization of collection, as well as unbundled rates in response to the community. Mayor Rogers closed the public hearing at 9:28 p.m.h Mayor Rogers recessed the meeting for a break at 9:29 p.m. The meeting reconvened at 9:39 p.m e - 4- e e PUBLIC HEARINGS - OTHER: (Cont'd) Solid Waste Rate Adjustments Ordinance No. 3243 (Cont'd) Extend Meeting Beyond 10:00 p.rn. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Bradow Rezone, REZ 06- 01 Ordinance No. 3244 RESOLUTIONS: Council Rules of Procedure '!~;~<:t::t::' "i~"t,i".~','--',~ ~"'.' -o!;',''''iin'';.-.,.; CITY COUNCIL MEETING April 18, 2006 5888 At the Mayor's request, Director Cutler summarized the City's compostingprogram that involves the use ofbiosolids from the Treatment Plant. It is envisioned that it will initially be stockpiled to reduce material costs when the Landfill is closed. Subsequent to the closure, compost material will be marketed to the public, and suggestions made concerning the marketing will be addressed at a later date. Discussion ensued as to the separation of recycled items, recycled paper used by Nippon, whether kitchen waste can be placed in yard waste containers, the sharing of garbage cans, and the suggestion to add language to the Ordinance that the City is committed to reducing waste. Also, discussion was held on the possibility of losing the opportunity to recycle yard materials in view of the charge for yard debris. Emphasis will be placed on education of the public, as well as necessary enforcement. Deputy Mayor Williams suggested that the rate structure and success of the program be revisited in six months to a year, and he supported the acquisition of the necessary technology to weigh garbage and charge accordingly. Director Cutler assured the Council that the matter will be returned to the Council in approximately one year to ascertain the rate of success. In meeting the requirement for a second reading, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3243 AN ORDINANCE of the City of Port Angeles, Washington, amending the City's solid waste utility, garbage collection, and sanitary landfill regulations and rates, Chapters 13.52, 13.54, and 13.56 of the Port Angeles Municipal Code, adopting a new chapter, 13.57 - Solid Waste Processing Facility, and amending utility fees, Chapter 3.70 of the Port Angeles Municipal Code. Deputy Mayor Williams moved to adopt the Ordinance as read by title, adding a statement to the Ordinance that the City supports recycling. The motion was seconded by Councilmember Munro and, following brief discussion, a vote was taken on the motion, which carried un~nimously. Deputy Mayor Williams moved to extend the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Headrick and carried unanimously. Bradow Rezone, REZ 06-01: Principal Planner West reviewed the proposed rezone of approximately 24.86 acres fromRS-11 (Residential Single Family) to IH (Industrial Heavy), noting this would be the second reading of the Ordinance. The subject property is in the area recently annexed to the City. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3244 AN ORDINANCE of the City of Port Angeles, Washington, rezoning from RS-11 (Residential, Single Family) to IH (Industrial Heavy). Councilmember Munro moved to adopt the Ordinance as read by title, citing Findings 1 - 14 and Conclusions 1 -6. Councilmember Headrick seconded the motion and, following brief discussion as to the need to attend to safety in the area, a vote was taken on the motion, which carried unanimously. Council Rules of Procedure: Attorney Bloor presented a draft amendment to the Council Rules of Procedure, creating a new rule to prescribe how Council vacancies are to be filled. _Noting that everyone has been laboring under a misunderstanding, he clarified there is no City - 5 - 5889 " ". ~ ':, - '.'.' -'. ?;, . - . - ~ CITY COUNCIL MEETING April 18, 2006 RESOLUTIONS: (Cont'd) Council Rules of Procedure (Cont'd) CITY COUNCIL COMMITTEE REPORTS: OTHER CONSIDERATIONS: FINANCE: CONSENT AGENDA: INFORMATION: FINANCE: Landfill Slope Stabilization Project EXECUTIVE SESSION: RETURN TO OPEN SESSION: EXECUTIVE SESSION: Ordinance or regulation requiring that interviews be conducted, and the Council met the requirements of all State laws. He indicated the perceived requirement had been obtained from the City's web site in the form of an informational brochure at election time. Mayor Rogers added that she had not received a letter as yet from the Port Angeles Business Association in this regard. Lengthy discussion ensued as to the merits and language of the amendment, and the Councilmembers were in agreement that it would be advantageous to have all Councilmembers present for the consideration. Therefore, Councilmember Munro moved to table the draft amendment to the Council Rules of Procedure until there is a full Council in attendance. The motion was seconded by Councilmember Wharton and carried unanimously. e None. None. Due to the lateness of the hour, it was agreed to combine the Finance items with the Consent Agenda, with the exception of Finance Agenda Item K.2. Deputy Mayor Williams moved to accept the Consent Agenda, to include: 1.) City Council Minutes of April 4, 2006 regular meeting, and April 11 , 2006 special meeting; 2.) Expenditure Approval List: 3 25/06 - 4/7/06, $786,522.65; 3.) Conservation Acquisition Agreement with BPA; 4.) Federal Aid Grant for Ediz Hook repairs; 5.) Electric Rebuild Elwha Line Phase III, Project 02-11 C, Accept Completion; 6.) 2006 Economic Development Council Contract; 7.) Western Urban Growth Area, Project Change Order No.2; 8.) Repair of Track Assembly on Landfill D-7R Caterpillar Dozer; 9.) 2006 Wastewater Treatment Plant SCADA Upgrades, Project 06-20; and 10.) Front Street Streetscape Project 06-08. The motion was seconded by Councilmember Headrick and, following brief discussion regarding the color of the concrete blocks for the streetscape, a vote was taken on the motion, which carried unanimously. . Manager Madsen announced that the City had been asked to host seven representatives of the National Parks system in Poland; they will be visiting Port Angeles May 4 - 5. Landfill Slope Stabilization Project 02-21 (Finance Agenda Item K.2.): It was announced that this agenda item would be referred to Executive Session. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session under the authority ofRCW 42.30.140 - Professional contract, and RCW 42.30.110(1)(g) - review performance of employee, and RCW 42.30.l10(1)(i) to discuss with legal counsel potential litigation. Action may follow. The Executive Session convened at 11 :05 p.rn. The City Council convened in regular open session at 11:18 p.rn. Attorney Bloor discussed issues surrounding bids received on the Landfill Slope Stabilization Project and, due to bid irregularities and protests, Deputy Mayor Williams moved to reject ,all bids in the interest of fairness. Councilmember Munro seconded the motion, which carried unanimously. The Council again adjourned to Executive Session at 11 :22 p.m. to continue discussion as set forth above. e - 6- I. e e RETURN TO OPEN SESSION: CITY COUNCIL MEETING April18, 2006 5890 The Executive Session concluded at 11 :50 p.m, and the Council convened in regular open session. No further actiol1 was taken. ADJOURNMENT: The meeting was adjourned at 11 :50 p.m. - 7- I