HomeMy WebLinkAboutMinutes 05/15/2007
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CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC
CEREMONIES /
PRESENTATIONS:
Recognition of Louann
Yager, Chamber of
Commerce
Recognition of Clean
Air Month
Recognition of Transit
Employee Appreciation
Day
Recognition of National
Police Week
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6073
CITY COUNCIL MEETING
Port Angeles, Washington
May 15, 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, Headrick, Munro, Petersen, and Wharton.
Members Absent:
None.
Staff Present:
Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler,
T. Gallagher, D. McKeen, L. Kheriaty, G. Kenworthy, B.
Sterling, L. Gunderson, T. Dahlquist, T. Funston, 1. Mahlum,
S. Sperr, N. West, R. Vess, B. Kajfasz, S. McLain, M.
Puntenney, C. Delikat, A. Owens, R. Becker, E. Klimek, and
B. Flores.
Public Present:
F. Poulsen, C. Kidd, and S. Garlick. All others present in the
audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Councilmember Braun.
1. Proclamation in Recognition of Louann Yager, Chamber of Commerce:
Mayor Rogers read and presented a proclamation to Louann Yager, MemIJer Services
Director ofthe Port Angeles Regional Chamber of Commerce, for 20 years of outstanding
service to the Chamber.
2.
Proclamation in Recognition of Clean Air Month:
Mayor Rogers read and presented a proclamation to Councilmember Munro, the City's
representative to the Olympic Region Clean Air Agency, declaring the month of May,
2007, as Clean Air Month.
3. Proclamation in Recognition of Transit Employee Appreciation Day:
Mayor Rogers read and presented a proclamation to Frank Poulsen, Clallam Transit
Operations Manager, declaring May 23,2007, as Transit Employee Appreciation Day.
4.
Proclamation in Recognition of National Police Week:
Mayor Rogers read and presented a proclamation to Acting Police Chief Gallagher,
declaring May 13 - 19, 2007, as National Police Week and May 15, 2007, as Peace
Officers Memorial Day, followed by moment of silence for the fallen heroes.
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6074
CITY COUNCIL MEETING
May 15,2007
Recognition of National
Public Works Week
Retirement Proclamation
for Gary Kenworthy
Break
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
CITY COUNCIL
COMMITTEE
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Public Safety Citizen
Advisory Board
Business License
Ordinance
5.
Proclamation in Recognition of National Public Works Week:
Deputy Director of Recreation Sterling provided commentaries on the historical _
background and contributions of public works officials and personnel. Mayor Rogers _
read and presented a proclamation to retiring Deputy Director of Engineering Services
and City Engineer Gary Kenworthy, declaring May 20 - 26, 2007, as National Public
Works Week. Employees from Public Works were then recognized by the Council.
6.
Retirement Proclamation for Gary Kenworthy:
Mayor Rogers, who was joined by Director Cutler, read a proclamation honoring Gary
Kenworthy, who is retiring from City employment after 19 years of service. Mr.
Kenworthy, who was joined by his wife, is retiring from the position of Deputy Director
of Engineering Services and City Engineer.
Mayor ,Rogers recessed the meeting at 6:32 p.m. for a reception in honor of Mr.
Kenworthy. The meeting reconvened at 6:48 p.m.
Manager Madsen added RFP #07 -09 as Agenda Item K.3. There was no public comment.
None.
I. Public Safety Citizen Advisory Board:
Fire Chief McKeen provided background information on the recommendation from Fire
and Police to merge the Medic I Advisory Board and the Law Enforcement Advisory
Board into a single Public Safety Advisory Board. The revised advisory board will retain
current responsibilities of the previous advisory groups, and it will also provide an avenue
for citizen input into matters relating to fire protection and emergency management. The
proposal has been reviewed and recommended for approval by the Health & Safety
Committee. Additionally, Acting Police Chief Gallagher indicated that Joe Girard and
Alan Barnard, members of the Law Enforcement Advisory Board, are supportive of the
recommended change. 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, creating a Public
Safety Advisory Board, and amending Chapter 2.26 of the Port Angeles
Municipal Code.
Councilmember Wharton suggested the inclusion of broader language in defining the
diversity of the membership.
2.
Business License Ordinance:
Attorney Bloor opened discussion on the proposed Business License Ordinance,
indicating this would constitute the first reading of the Ordinance.
In keeping with the requirement to conduct a first reading of the Ordinance, Mayor
Rogers read the Ordinance by title, entitled
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Business License
Ordinance (Cont'd)
-
PUBLIC HEARINGS -
OTHER:
P AMC Amendments -
Title 16, Subdivisions
Ordinance No. 3280
RESOLUTIONS:
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Designated Agent for
Service of Claim
Resolution No. 10-07
CITY COUNCIL MEETING
May 15,2007
6075
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending and
updating the City's licensing and regulation of businesses, and fees
associated therewith, and amending Titles 5 and 3 of the Port Angeles
Municipal Code.
Discussion followed, with the Council considering various aspects of the Ordinance, to
include the purpose and the fees. ,Suggestions included the need for regulations on non-
motorized taxi services as relates to insurance requirements, the possibility of including
payday loan businesses in regulations similar to pawnbrokers, and the need to restrict
peddling in businesses. Deputy Mayor Williams emphasized the inclusion of language
in the Ordinance to the extent this Ordinance is administrative, and any effort to institute
a business & occupation tax would result in the repeal of the Ordinance.
Clarification was provided by Fire Chief McKeen as relates to the licensing of fireworks
stands and the fact that changes in the regulations would require one-year advance notice.
Manager Madsen provided an in-depth review of the need for a business license and the
information gained from the process. Citing the importance of public safety and
emergency contact information, he then discussed the current hindrance to economic
development efforts for lack of information on City businesses. Mayor Rogers added that
business information needed for grant purposes has been lacking as well. Lengthy
discussion ensued, and Manager Madsen pointed out that the demographics of the
community are shifting and demand for services is shifting - the City needs to be
prepared for this phenomenon. Acting Police Chief Gallagher expanded on the need for
emergency contact information. The Ordinance will be returned to the Council on June
5th for a second reading.
1.
PAMC Amendments - Title 16, Subdivisions:
Principal Planner West provided a summary of the 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. After talking to the Planning Manager, Deputy Mayor Williams
indicated the proposed changes would be satisfactory.
Mayor Rogers continued the public hearing at 7:30 p.m. There being no public
testimony, the public hearing was closed at 7:30 p.m. Mayor Rogers conducted a second
reading of the O~dinance by title, entitled
ORDINANCE NO. 3280
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.
Councilmember Braun moved to adopt the Ordinance as read by title, citing
Findings 1 - 8 and Conclusions 1 - 3, as set forth in Exhibit "A", which are attached
to and become a part of these minutes. The motion was seconded by Deputy Mayor
Williams and carried unanimously.
1.
Designated Agentfor Service of Claim:
Attorney Bloor provided a brief summary of the Resolution authorizing the City Manager
to file a notice with the Clallam County Auditor designating the City's agent for service
of claim upon the City. The Resolution acknowledges a change in the law that occurred
this year.
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6076
CITY COUNCIL MEETING
May 15, 2007
RESOLUTIONS:
(Cont'd)
Designated Agent for
Service of Claim
Resolution No. 10-07
(Cont'd)
OTHER
CONSIDERATIONS:
Capital Facilities
Projects (CFP)
Resolution No. 11-07
City/Port Angeles School
District Facilities Use
Agreement
Resolution No. 12-07
FINANCE:
Landfill Closure
Mayor Rogers read the Resolution by title, entitled
RESOLUTION NO. 10-07
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A RESOLUTION OF THE City Council of the City of Port Angeles,
Washington, delegating authority to the City Manager to appoint a
designated agent to receive claims filed against the City of Port
Angeles. .
Deputy Mayor Williams moved to pass the Resolution as read by title.
Councilmember Wharton seconded the motion, which carried unanimously.
1.
Capital Facilities Projects (CFP):
With the use of Power Point slides, Public Works & Utilities Director Cutler explained
the reasons for the CFP / TIP, the layout of the project book, project selection criteria and
process, the adoption schedule, the forms and information included in the CFP, and the
funding levels. He recommended the passage of the Resolution, setting a public hearing
for June 5, 2007. Mayor Rogers read the Resolution by title, entitled
RESOLUTION NO. 11-07
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, setting a public hearing date of June 5, 2007 for
review of the Six-Year Transportation Improvement Program (TIP)
and the Capital Facilities Plan (CFP) for the years, 2007-2013.
Deputy Mayor Williams moved to pass the Resolution as read by title. The motion
was seconded by Councilmember Wharton and carried unanimously.
2. City/Port Angeles School District Facilities Use Agreement:
Director Cutler introduced the matter of the City/Port Angeles School District Facilities
Use Agreement, and Deputy Director of Recreation Sterling reviewed the different
aspects of the agreement, noting there had been no formal agreement for 27 years. He
provided an in-depth summary of the intent of the Facilities Use Agreement, which
provides a spirit of cooperation between the City and the School District in combining
resources and better utilizing existing facilities for recreational programs. The agreement
was approved by the School Board by Resolution, and recommended for approval by the
City Parks Facilities Oversight Committee and the Parks, Recreation & Beautification
Commission.
Mayor Rogers read the Resolution by title, entitled
RESOLUTION NO. 12-07
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, relating to an Interlocal Agreement for Use of
Facilities between the City and the Port Angeles School District
No. 121.
Councilmember Wharton moved to pass the Resolution as read by title, authorizing
the City Manager to sign a Facilities Use Agreement with the Port Angeles School
District. Councilmember Braun seconded the motion, which carried unanimously.
1.
Landfill Closure:
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Director Cutler reviewed bids solicited for the construction of the final cover for Cell 3
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FINANCE:
(Cont'd)
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Landfill Closure (Cont'd)
RFP #07-10
215 South Lincoln
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J ..' ~
RFP #07-09
Light Operations
Building
CONSENT AGENDA:
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INFORMATION:
CITY COUNCIL MEETING
May 15,2007
6077
ofthe Landfill and the scope of the project. Councilmember Petersen moved to award
and authorize the Mayor to sign the contract with Delhur Industries, Inc., in the
amount of $1,867,584.31, including tax, for the Port Angeles Landfill Closure
Project 06-22. Councilmember Wharton seconded the motion. Brief discussion
ensued on ongoing maintenance costs that might be anticipated. A vote was taken on
the motion, which carried unanimously.
2.
RFP #07-10,215 South Lincoln:
Manager Madsen reviewed one proposal that was submitted for RFP #07-10, for the
property at 215 South Lincoln Street, formerly the old Fire Hall building that is adjacent
to the Carnegie Museum. The only response was in the form of a real estate purchase and
sale agreement, and staff determined the proposal to be non-responsive to the criteria of
the RFP. The Real Estate Committee subsequently recommended rejection of the
proposal. Following brief discussion, Deputy Mayor Williams moved to reject all
proposals and direct staff to continue to solicit and work with other parties
: interested in acquiring this surplus property.. The motion was seconded by
:Cpuncilmember Petersen and carried"un~nimously.
3. RFP#07-09, Light Operations Building:
In considering the Request for Proposal for the Light Operations Building, Manager
Madsen indicated that Councilmember Wharton need not recuse herself, as this is not a
quasi-judicial matter. It would, however, be appropriate for her to abstain from voting.
Manager Madsen advised the Council that one proposal was submitted by Family
Medicine of Port Angeles (FMPA) for RFP #07-09 for the Light Operations Building.
Presentations were made to the Utility Advisory Committee and the Real Estate
Committee by Family Medicine and Olympic Medical Center for a project to bring the
medical clinic into the Central Business District. Family Medicine offered the City
$775,000 for the building, which will house FMP A's clinic, as well as ancillary services
for Olympic Medical Center. The City would need to move the Light Operations
Division. The property was declared surplus in 1986, something that was ratified by the
City Council on March 16, 2007.
Deputy Mayor Williams moved to accept the proposal from Family Medicine of
Port Angeles in response to RFP #07-09 subject to: 1.) Successful negotiation of a
purchase and sale agreement and 2.) Securing a facility into which the Light
Operations Division can relocate, and further, to direct the City Manager to
negotiate terms of a purchase and sale agreement with FMP A, and to direct staff to
locate and negotiate contract terms for a suitable replacement facility for Light
Operations. The final transaction documents for both actions would be presented
to the City Council for approval. The motion was seconded by Councilmember
Braun. Brief discussion followed, after which a vote was taken on the motion. Mayor
Rogers, Deputy Mayor Williams, and Councilmembers Headrick, Munro, and
Braun voted in favor of the motion. Councilmember Wharton abstained from
voting, and Councilmember Petersen voted in opposition. The motion, therefore,
carried.
Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City
Council Minutes dated May 1, 2007; 2.) Network Security Training Request; 3.)
Appointments to Lodging Tax Advisory Committee; 4.) Expenditure Approval List: 4/21
- 5/4 - $3,163,402.01; and 5.) Gridwise Project Electric Meter Transfer Agreement. The
motion was seconded by Councilmember Munro and carried unanimously.
Manager Madsen announced the upcoming closure of the William Shore Pool for
maintenance, after which the Pool hours will be reduced. The Community & Economic
Development Committee is scheduled to meet this coming Thursday. Because of the
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6078
CITY COUNCIL MEETING
May 15, 2007
INFORMATION:
(Cont'd)
EXECUTIVE
SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
heavy agenda, he urged the members to read the packet information in advance. Also,
Mayor Rogers announced she will be having a surgical procedure the week of June 4th,
so she will be unable to attend the June 5th Council meeting.
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Based on input from Attorney Bloor, Mayor Rogers announced the need for Executive.
Session under the authority of RCW 42.30.11O(1)(i), potential litigation, for
approximately 15 minutes with no action to follow. The Executive Session convened at
8: 14 p.m. At 8:30 p.m., by announcement of the Mayor, the Executive Session was
extended to 8:55 p.m.
The Executive Session concluded at 8:55 p.m., and the Council convened in regular open
session. No action was taken.
The meeting was adjourned at 8:55 p.m.
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Karen . Rogers, Mayor h-
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Exhibit "A"
6079
FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIP AL CODE AMENDMENT - MCA
07-01 PORT ANGELES MUNICIPAL CODE:
Findings:
1. The purpose of the City's short subdivision regulations is to provide uniform standards for
the subdivision of lots while creating building sites that further the goals, policies, and
objectives of the City's Comprehensive Plan.
2. The Land Use Element Industrial Goals, Policies, and Objectives of the City's
Comprehensive Plan states:
Goal G. - To create and maintain a healthy and diverse industrial sector for a
balanced and stable local economy.
Goal H. - To provide opportunities for industrial development in a manner, which
efficiently uses the community's various attributes and natural resources, has
minimal impact on the environment, contributes to the City's quality of life, and is
compatible with the desired urban design of the City.
Goal H, Policies:
1. Urban services should be available for all industrial areas as required by the
Capital Facilities Element concurrency policy.
2. Infrastructure, which makes sites attractive and ready to develop, including
transportation facilities and utilities, should be available at industrial parks.
Industrial development should be encouraged to follow industrial park
design concepts.
3. The City's short subdivision regulations allow provide the standards for the
development of from one to four lots within the City limits. All newly created lots
must abut on an improved, dedicated, City street to ensure that all lots will be
developed to an expected urban standard.
4. The City's lot division regulations have mainly been used to create residential or
commercial building sites. Industrial areas located in the City limits are largely
owned and operated by the Port of Port Angeles and are found along the waterfront
area and in the airport area. The recent annexation of industrial property located
within the City's western Urban Growth Area has identified a need to review the
City's land division standards for this property that is unique to previous
development in the City.
5. The City's land division standards for short subdivisions (1 - 4 lots) requires that
newly created lots abut onto an improved, dedicated, City street. The proposed
amendment is intended to allow for the short subdivision of properties specifically
within the Industrial Heavy zone that will be served by private streets.
6080
6. Activities expected within Industrial Heavy zoned sites often include the use of heavy
equipment and machinery not permitted or desired on public streets.
7. Circulation patterns within industrial sites are intended to accommodate site
employees and operators rather than the general public.
8. The City's Public Works and Utilities Department has stated that they have no desire
to maintain streets within an industrial development that are not through streets. The
City's Fire Department had no concerns with the proposal as long as the subject
streets are developed to a minimum City standard with adequate turn a rounds, and
are maintained for emergency access purposes satisfactory to the Department.
Conclusions:
1. Circulation patterns within Industrial Heavy zoned sites differ from those expected
within other zones. Traffic patterns in such areas are heavily impacted by and
support the use of heavy equipment that is not permitted on standard urban streets in
commercial or residential zones. Lots developed within such a site can be adequately
served by private streets that are built to City standards but are not dedicated as a
public street. The proposed amendment will allow for the creation of additional
industrial sites where interior access streets are constructed to City standard but the
responsibility of maintenance ofthe industrial streets are not the responsibility of the
City as they do not act as a public thoroughfare.
2. The amendment will enhance the City's ability to provide flexibility in its land
division regulations, and provide site development options that will foster the
creation and infill of industrial development sites.
3. The amendment provides that, although streets within industrial subdivisions need
not be dedicated as public, they will be designed and maintained in a manner that will
allow for the future dedication of the streets, and will ensure that uninterrupted
emergency access is provided to all lots within the short subdivision.
Adopted by the Port Angeles City Council at its meeting of May 15,2007.
,,60 t~ j Jp1:n&
Becky 1. U n, y Cle;k