Loading...
HomeMy WebLinkAboutMinutes 05/01/2007 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENTATIONS: Recognition of Port Angeles High School Symphonic & Vocal Unlimited Choirs Recognition of Port Angeles High School Jazz Band Recognition of Older Americans Month e Recognition of Police Officer Dan Morse 6067 CITY COUNCIL MEETING Port Angeles, Washington May 1, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Munro, Petersen, and Wharton. Members Absent: Councilmember Headrick. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, T. Pierce, 1. Mason, 1. Viada, T. Gallagher, R. Gunn, K. Ziegler, G. Roggenbuck, D. Morse, M. Karjalainen, D. Arand, L. Hainstock, T. Rooks, P. Bartholick, R. Horton, D Bellamente, E. Kovatch, S. Coyle, B. McFall, and A. Brusseau. Public Present: T. Ahlgren, B. Booher, and C. Kidd. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by retiring Police Chief Riepe. 1. Proclamation in Recognition of Port Angeles High School Symphonic & Vocal Unlimited Choirs: Following a choir rendition of Somewhere Over the Rainbow, Mayor Rogers read and presented a proclamation recognizing the Port Angeles High School Symphonic & Vocal Unlimited Choirs for taking first place in the Lionel Hampton International Jazz Festival in Moscow, Idaho. The proclamation was accepted by Jolene Gailey, Director, and the choir members. 2. Proclamation in Recognition of Port Angeles High School Jazz Band: Following a quartet's performance, Mayor Rogers read and presented a proclamation recognizing the Port Angeles High School Jazz Band, who took first place in the jazz band category in the Lionel Hampton International Jazz Festival in Moscow, Idaho. The proclamation was accepted by Doug Gailey, Director, and the jazz band members. 3. Proclamation in Recognition of Older Americans Month: Mayor Rogers read and presented a proclamation to Councilmember Braun and Eleanor Tschimperle, Senior Center Board member, declaring the month of May, 2007, as Older Americans Month. 4. Proclamation in Recognition of Police Officer Dan Morse: Mayor Rogers, joined by Deputy Chief Gallagher, read and presented a proclamation to Police Officer Dan Morse, honoring his efforts in saving the life of a Port Angeles resident who had suffered from a self-inflicted gunshot wound. - 1 - 6068 CITY COUNCIL MEETING May 1, 2007 PUBLIC CEREMONIES / PRESENT A nONS: (Cont'd) Recognition of Retiring Police Chief Tom Riepe Break PUBLIC HEARINGS - OTHER: P AMC Amendments - Title 16, Subdivisions Birthday Greetings PUBLIC HEARINGS - QUASI-JUDICIAL: WORK SESSION: Business License Ordinance 5. Proclamation in Recognition of Retiring Police Chief Tom Riepe: Fire Chief McKeen presented a montage of pictures showing the life of retiring Police Chief Tom Riepe, after which Mayor Rogers read and presented a proclamation to Chief Tom Riepe, who is retiring after 30 years of dedicated law enforcement service to the City of Port Angeles. Chief Riepe was joined by his wife, Becky, in receiving a standing ovation. Police Chief Spinks, City of Sequim, presented a plaque to Chief Riepe on behalf of the Olympic Peninsula Narcotics Team; Clallam County Sheriff Bill Benedict presented Chief Riepe a plaque from the County Sheriffs Department; representatives of the Kitsap County Sheriffs Department, Lt. Mandeville and Officer Mahoney, provided commentaries on past memories and experiences with Chief Riepe; and Clallam County Commissioner Doherty expressed appreciation to Chief Riepe for his service, professionalism, and support. Chief Riepe expressed words of appreciation to the City and the Police Department, stating it was an honor and a privilege to serve. e Mayor Rogers recessed the meeting at 6:55 p.m. for a reception in honor of Chief Riepe. The meeting reconvened at 7:20 p.m. 1. P AMC Amendments - Title 16, Subdivisions: Planning Manager Roberds reviewed proposed amendments to Title 16, Port Angeles Municipal Code, regarding an exception of street standards in short plats that are interior to industrial sites in the Industrial Heavy (IH) zone. The proposed change creates the potential for additional industrial lots within sites to be served by private streets rather than public streets. In keeping with the requirement to conduct a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Short Plat Subdivision Regulations, Chapter 16.04, Title 16, of the Port Angeles Municipal Code. Mayor Rogers opened the public hearing at 7:25 p.m. There being no public testimony, the public hearing was continued to May 15,2007. At this time, Mayor Rogers and the Council extended birthday greetings to Councilmembers Headrick and Wharton. None. 1. Business License Ordinance: Manager Madsen opened discussion on proposed changes to the City's business license regulations, indicating the City currently has limited business license requirements with only certain types. of businesses required to be licensed. Over the last several years, discussions have been held among the staff, Council, and the community regarding an expansion of the business license requirements in the City. At this time, a complete rewrite of the Ordinance is being presented to expand the types of businesses from a limited view to a requirement that all businesses in the City would be licensed. He asked for discussion on several key points: the scope of the license and registration requirements, i.e., those domiciled in the City or also those from other areas who do business in the City; Council's policy on the fee structure; and the appropriate enforcement elements of the Ordinance. He added that the regulations and associated fees are not being introduced for purposes of generating revenue, but are necessary in order to cover the City's costs to administer the Ordinance. e - 2 - CITY COUNCIL MEETING May 1, 2007 6069 WORK SESSION: (Cont'd) Manager Madsen explained why the business license information is important, citing a situation during a winter storm whereby the City's emergency contact information proved insufficient, and the City was unable to contact the property owner in a timely manner, likely resulting in significant cost to the property owner. By having appropriate information available to emergency personnel, these types of situations could be avoided. Also, from his economic development background, Manager Madsen felt it crucial to have an understanding of the businesses in the City, as well as the types of businesses not here. The lack of business information is a hindrance in planning for economic development and prosperity for the entire community. One ofthe powers granted to cities by the State is that of maintaining current and accurate information on businesses, so the business license process would be the most efficient means of obtaining the information. The business license issue has been considered by the Community & Economic Development Committee, as well as the Finance Committee. e Business License Ordinance (Cont'd) Mayor Rogers facilitated discussion among the Councilmembers, beginning by stating her experience on the EDC Board and its efforts to do demographics; it was impossible to obtain a comprehensive list of businesses in Port Angeles. For that purpose, she saw a huge benefit for the City to be able to communicate with its businesses in a means other than utility bills. From a safety standpoint, it is important to know the types of products being kept by businesses. She also asked how the City could tout the businesses in the community ifthey didn't even know who they are. She learned of a company operating a business from a residential basement with nine employees, but if something happened and the Fire Department had no knowledge of the employees, a tragedy could occur. She also felt this to be license parody, as other businesses have been required to have a license for many years. The Councilmembers engaged in discussion, considering such aspects as pre-fire planning and enforcement. Attorney Bloor discussed the enforcement alternatives, ranging '[rom a soft approach to that of a hardline approach that could incorporate a delinquent charge, making a business owner criminally liable of a misdemeanor or gross misdemeanor, or the enforcement could be linked to a certificate of occupancy where a business couldn't occupy the premises without a license. Discussion also focused on whether convicted felons could obtain a license, the various types of information that might be garnered on the application, and situations where emergency contact information is important. The Council also considered concern expressed that some may think this is the first step toward a B & 0 tax, so the intent of the Ordinance should be clearly stated. It was suggested that a repealer be placed in the Ordinance such that any attempt to impose a B & 0 tax would automatically repeal the license Ordinance. Discussion also focused on possible land use violations that may be discovered through the license process. Manager Madsen reiterated the purpose of the Ordinance is to have more information on the businesses, but it would be unconscionable to allow a business to operate out of a home that presents a tragic hazard to an entire neighborhood. The better course of action would be for the City to help find an appropriate location for such a business. The Council considered the necessary educational effort that must take place and agreed to provide assistance in visiting service clubs prior to the implementation date of July 1 st. Manager Madsen indicated there would be a 6-month grace period to give businesses ample time to seek a license. The opinion was expressed that the City should license only those businesses domiciled in the City at a fair and reasonable fee. ,e Councilmember Petersen moved to direct staff to prepare an Ordinance for presentation to the Council, using the concerns expressed by the Council as guidelines in preparing that Ordinance. Councilmember Braun seconded the motion. The question was raised as to whether a public hearing would be conducted. Attorney Bloor responded that a public hearing is not required, and Manager Madsen indicated it would be an open public meeting. He added that staff would take the Council's guidance in preparing an Ordinance for a first reading May 151\ moving forward to a second reading and adoption on June 51\ with implementation July 1 st. A - 3 - 6070 CITY COUNCIL MEETING May l, 2007 WORK SESSION: (Cont'd) Business License Ordinance (Cont'd) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Boating Facilities Program Grant, Ediz Hook Boat Launch Piling Replacement Resolution No. 9-07 OTHER CONSIDERATIONS: Milwaukee Grade Right of Use Agreement with National Park Service question was also asked as to whether this Ordinance would be subject to the Initiative and Referendum process; Attorney Bloor indicated he would research the matter. A vote was taken on the motion, which carried unanimously. e Manager Madsen added a Resolution for Boating Facilities Program Grant, Ediz Hook Boat Launch Piling Replacement Project 06-38, as Agenda Item G.!. Councilmember Wharton asked to add discussion on climate change as Agenda Item H.2. Peter Ripley, 114 E. 6th, #102, indicated he would be submitting his proposal on the "Disability Assistance Trust Organization" (D.A. T. 0.) to the Developmentally Disabled Advisory Committee. In addition, he asked the council to seek public input from businesses on the proposed license regulations. Councilmember Braun lauded the Recreation Division's efforts in bringing numerous tournaments to the City. Deputy Mayor Williams requested information related to return on investment on the tournaments. None. 1. Boating Facilities Program Grant, Ediz HookBoat Launch Piling Replacement Project 06-38: Public Works & Utilities Director Cutler submitted information on the availability ofa grant program to assist in the Ediz Hook Boat Launch Pile Replacement Project through the Inter-Agency Committee (lAC) for Outdoor Recreation. He summarized the grant match requirement of 25%, and the project estimated cost of $145,000. The Finance Committee forwarded a recommendation for approval by the Council. In response to concern expressed by Councilmember Munro, Director'Cutler indicated that staff is reviewing the potential for partial financial support from user groups. Councilmember Petersen clarified that her vote would be tied specifically to the receipt of this grant. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 9-07 A RESOLUTION of the City Council of the City of Port Angeles, authorizing application for funding assistance for a Boating Facilities Program (BFP) project to the Interagency Committee for Outdoor Recreation (lAC) as provided in Chapter 79A.25 RCW, Boating Facilities Program. Deputy Mayor Williams moved to pass the Resolution as read by title, supporting the submission of a resolution for a Boating Facilities Program Grant, Ediz Hook Boat Launch Piling Replacement Project 06-38, and authorize allocation of grant matching funds not to exceed $55,000. Councilmember Munro seconded the motion, which carried unanimously. 1. Milwaukee Grade Right of Use Agreement with National Park Service: Director Cutler provided information relative to the National Park Service submitting a request to the City to allow portions of the City-owned Milwaukee Railroad Grade west of the Lower Elwha Road to be used for temporary construction and operation access to _ the Elwha Water Treatment Plan and Elwha Surface Water Intake construction sites. The ., proposed agreement was reviewed by the Utility Advisory Committee and recommended for approval by the City Council. Cou~cilmember Munro moved to approve and - 4- e Milwaukee Grade Right of Use Agreement with National Park Service (Cont'd) Climate Change FINANCE: 2007 Contract with Economic Development Council Timber Harvest Contract Award Lower Elwha Klallam Tribe Wastewater Agreement e \.' , '" ;:.\ '. ~/ CITY COUNCIL MEETING May 1, 2007 6071 authorize the City Manager to sign an agreement with the National Parks Service to allow portions of the City-owned Milwaukee Railroad Grade west of Lower Elwha Road to be used for temporary construction and operation access to the EWTP and ESWI construction sites. Councilmember Wharton seconded the motion, which carried unanimously. 2. Climate Change: Councilmember Wharton addressed the matter of research conducted on what local government can do on climate change. The Association of Washington Cities recommended the City work with ICLEI, Local Governments for Sustainability. She talked to a regional program officer, who expressed a willingness to work with the City as relates to a carbon assessment and budget. Mayor Rogers indicated that, based on a previous discussion on the matter, the Council agreed to retain its focus on current City projects and responsibilities. Councilmember Wharton urged the Council to consider doing a baseline study to be certain efforts are pointed in the appropriate direction. I. 2007 Contract with f';conomic Development Council: Mayor Rogers welcomed Patti Morris, 301 Bird Song Place, Vice President of the Economic Development Council, who acknowledged Councilmember Petersen for her service on the EDC Board, as well as Mayor Rogers for her leadership. She also appreciated City Manager Madsen's efforts toward the agreement on a funding partnership. She indicated the EDC will be working on its goals for economic development, and it looks forward to a closer partnership with the City. Manager Madsen then provided a summary of the contract with the EDC, after which Councilmember Petersen moved to approve and authorize the Mayor to sign the 2007 contract with the Clallam County Economic Development Council in the amount of $20,000 + $2,500 for in-kind services. The motion was seconded by Councilmember Braun. Discussion ensued, with the Councilmembers expressing a desire to see the Economic Development Council in the forefront of economic development in the community. A vote was taken on the motion, which carried unanimously. On another matter of economic development, Councilmember Petersen reminded the Council ofthe City's partnership in a microclimate study conducted by Dr. Greg Jones, .'l-,:lBiologist, regarding the growing of grapes in the Port Angeles area. She announced that Dr. Jones would be sharing the study results this coming Friday in the City Council Chambers. She expressed appreciation for the City's involvement in this endeavor. 2. Timber Harvest Contract Award: Director Cutler summarized the need to harvest timber on City property acquired from the Department of Defense, property that will be used to construct the Port Angeles Water Treatment Plant and related facilities. He reviewed bid information, after which Councilmember Munro announced he had no discussions with this contractor or any other potential bidder on the contract. Councilmember Petersen moved to award and authorize the Mayor to sign the contract with Ryfield Properties, Inc., of Port Angeles, in the amount of $23,873.58, for the P A WTP Timber Sale Contract. The motion was seconded by Councilmember Wharton and carried unanimously. 3. Lower Elwha Klallam Tribe Wastewater Agreement: Director Cutler reviewed the proposed agreement with the Lower Elwha Klallam Tribe for treatment of the Tribe's wastewater because the groundwater table will increase at the Reservation when the Elwha Dams are removed. He reviewed the agreement in depth, noting it had been discussed and recommended for approval by the Utility Advisory Committee. The language of the agreement was discussed with and approved by the Department of Ecology concerning the CSO and the sewer plan. Discussion followed, - 5 - 6072 CITY COUNCIL MEETING May 1, 2007 Lower Elwha Klallam Tribe Wastewater Agreement (Cont'd) with Director Cutler answering questions posed by the Council. The service will start as soon as deconstruction of the dams commences; however, the Tribe could start service sooner depending on the condition of their septic systems. Deputy Mayor Williams moved to approve and authorize the Mayor to sign an agreement with the Lower e Elwha Klallam Tribe to accept wastewater from the Reservation for treatment at the City's Wastewater Treatment Plant. Councilmember Wharton seconded the motion. Brief discussion ensued on pre-treatment requirements, rates, and the Council's appreciation of staff efforts on the agreement. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council minutes dated April 17, 2007; and 2.) Expenditure Approval List - 4/7 - 4/20 - $928,571.27. Deputy Mayor Williams seconded the motion, which carried unanimously. INFORMATION: Director Cutler informed the Council of Front Street waterline repairs scheduled for early tomorrow morning. He also referenced a pre-construction conference held on the 8th Street Bridges Project, noting that demolition, whicl). will take approximately 30 days, is ' estimated to begin on June 11th. Regarding the Gateway Project, Primo Construction indicated it is planning to install construction fencing mid to late May, with pile drivings to follow in June. Mass excavation will follow shortly thereafter. The project should be completed in August or September, 2008. Manager Madsen read the succession plan for replacing the Police Chief, and he announced the appointment of Deputy Police Chief Terry Gallagher as Acting Police Chief. He engaged the services of Prothman Company to conduct a nationwide recruitment. EXECUTIVE SESSION: None. ADJOURNMENT: The meeting was adjourned at 9:28 p.m. ~~~~ Becky J. Upto, i lerk e, - 6 -