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HomeMy WebLinkAboutMinutes 06/05/2001 4446 CITY COUNCIL MEETING Port Angeles, Washington June 5, 2001 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, Wiggins, and Williams. Members Absent: Councilmember McKeown. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, A. Broussard, K. Miller, G. Kenworthy, S. McLain, T. Sperline, L. Adams, G. Drake, G. McLain, D. Daugaard, K. Ridout, D. Ireland, D. O'Donnell and B. Raemer. Public Present: J. Braasch, L. Lee, T. Price, A. Harrison, L. Nutter, M. Tallmadge, H. Wilmot, and G. Powell. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: CEREMONIAL 1. Retirement Presentation to Tom Sperline MATTERS & PROCLAMATIONS: Mayor Doyle read a proclamation recognizing Tom Sperline, Electrical Inspector, for 20 years of superb contributions to the City and the community. Mr. Sperline, Tom Sperline Retirement accompanied by his wife, accepted the plaque after which Director Cutler presented him Presentation with another plaque/clock for his dedicated service. Public Service Award - Lee 2. Presentation of Public Service A ward to Lee Darling Darling Mayor Doyle, Police Chief Riepe, and Corporal Miller presented Mr. Lee Darling a Public Service Award for the outstanding service he has provided to the Port Angeles Police Department, particularly in the area of K-9 training. Corporal Miller then introduced the new Port Angeles Police Department Patch, and each Councilmember was given a patch. USCGC Active 3. USCGC Active Proclamation Proclamation Mayor Doyle read a proclamation commending the USCGC Active for outstanding service during the recent confiscation of 13 tons of cocaine aboard the Belize-flagged fishing vessel 'Svesda Mare'. The proclamation and a key to the City will be presented to the Active crew on Saturday, June 9, 2001, at 2:00 p.m. at the City Pier. Hire a Vet Month 4. Hire a Vet Month Proclamation Mayor Doyle read a proclamation declaring the month of June as Hire a Vet month. - 1 - 4447 CITY COUNCIL MEETING June 5, 2001 Hire a Vet Month (Cont'd) John Braasch, Veterans Employee Representative for Clallam and Jefferson Counties, accepted the proclamation, noting that he helps find work for veterans. Mr. Braasch expressed his appreciation to the Council for recognizing veterans and their numerous abilities. WORK SESSION: Mayor Doyle summarized the memorandum from Public Works & Utilites Director Cutler on the recommended formation of a Stormwater Utility. Director Cutler Stormwater Utility introduced Mr. James Hansen, Brown & Caldwell, who gave a powerpoint presentation Formation that established the rationale for forming such a utility. Mr. Hansen informed the Council of current regulations in place that dictate the need for a Stormwater Utility, such as the Endangered Species Act (ESA), the National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permitting, and Government Accounting Standards Board Statement 34 (GASB 34), all of which set the' stage for the City's need for a Stormwater Utility. In that more regulations are on the horizon, Mr. Hansen cautioned the Council on the potential of third party lawsuits. He felt it important for the City to provide formalized training for personnel, public education and involvement, and to identify a consistent source of funding for the utility. Mr. Hansen discussed the present structure for stormwater management through the effort of several departments, and he suggested the formation of a single point of responsibility for the utility. Mr. Hansen addressed the potential for grant funding, as well as the need to provide an equitable distribution of costs. He reviewed revenue requirements in the short and long terms, and he discussed the various possibilities in developing a rate structure. Councilman Campbell asked for further information on grant funds available, and Mr. Hansen responded there are State funds available via a very competitive process. Councilmember Erickson questioned the status of Port Angeles' stormwater management at the present time, and City Engineer Kenworthy cited specific areas in Port Angeles that lack any type of stormwater management, thus resulting in high erosion. Mr. Hansen added that excessive mn-off and erosion is killing the surrounding habitat. Councilman Williams expressed his concern with how much this type of facility would cost the taxpayers, and he voiced his dissatisfaction with yet another unfunded mandate being cast on the City. Discussion followed regarding impacts to fish habitat, the increased size of detention ponds, and costs that could be attributed to operation and maintenance as opposed to capital. Engineer Kenworthy added that by adopting the regulations, the City would be showing a good faith effort to be in compliance. Attorney Knutson interjected that the City is working with the County toward meeting the requirements of the 4(d) Rule as relates to the National Marine Fisheries Service declaring Puget Sound chinook salmon to be a threatened species under the ESA. To that end, the City could gain protection against third party lawsuits, as one of the aspects of the 4(d) Rule is to have a valid stormwater management plan. In the ensuing discussion, consideration was given to the challenge of educating the public on the prevailing problems associated with stormwater management. Councilmember Erickson felt that a series of public meetings was needed to address this issue and she, therefore, moved to direct staff to develop a series of public meetings to inform citizens on the formation of a Stormwater Utility. The motion was seconded by Councilman Wiggins. Councilmember Erickson spoke to the motion, noting her concern with the expected electric increases and the fact that yet another increase for stormwater management may not be well received by the public. The Council discussed the importance of public education and identified various means by which communications could take place, such as in the City newsletter, on Channel 21, advertisements, and the like. Manager Quinn acknowledged the Council's concern about public education, and he supported sponsoring several public meetings in order -2- CITY COUNCIL MEETING 4448 June 5, 2001 WORK SESSION: to rectify this concern. Staff had envisioned complete involvement of the public in this (Cont'd) discussion, and Director Cutler offered more specific information as to the public process to be implemented. Councilmember Erickson, therefore, withdrew the Stormwater Utility motion, and Councilman Wiggins withdrew the second. Formation (Cont'd) After further limited discussion, Councilmember Erickson moved that the Director of Public Works & Utilities proceed with the development of a Stormwater Utility for implementation on January 1, 2002, with an emphasis on public education. The motion was seconded by Councilman Wiggins and carried unanimously. PUBLIC HEARINGS - 2001 Comprehensive Plan Amendments - CPA 01-01 OTHER: Mayor Doyle summarized the memorandum submitted by Community Development 2001 Comprehensive Plan Director Collins in regard to the 2001 Comprehensive Plan Amendments. Director Amendments Collins indicated that public testimony is expected this evening, plus the proposed amendments are to be considered by the Utility Advisory Committee at its meeting of June 11, 2001. Director Collins indicated the most far-reaching issue is the matter of changing City policy to allow the extension of urban services outside the City limits. Mayor Doyle opened the public hearing at 7:34 p.m. Mike Tallmadge, 1776 Little River Road, was present as a representative of the Non- Motorized Advisory Committee. He thanked the Council and staff for the effort put into transcripts and work on the Comprehensive Plan amendments, and he asked for continued support of non-motorized issues. Linda Nutter, 1701 E. 3rd Street, liaison from the Planning Commission to the Non- Motorized Advisory Committee, commended the City's efforts to assist the non- motorized community. Ms. Nutter reported that, last year alone, there were 16,000 instances of the use of bike racks on the Transit buses, and she distributed copies of an itemized list of this utilization. Ms. Nutter noted the increased use of bicycles on the Peninsula. Councilmember Erickson moved to continue the public hearing to June 18, 2001. The motion was seconded by Councilman Hulett and carried unanimously. LATE ITEMS TO BE Allan Harrison, 1834 E. 5th St., delineated the various areas in which Highland Courte PLACED ON THIS OR has failed to comply with conditions set forth in the Conditional Use Permit. Violations A FUTURE AGENDA: include the failure to submit an annual report and failure to form an advisory committee. Mr. Harrison also cited a contract signed with the State wherein Highland Courte has Highland Courte agreed to accept a certain number of individuals for treatment and support. Mr. Harrison urged the Council to force Highland Courte to abide by the conditions. In the discussion that followed, Councilman Wiggins asked staff if there was certainty that Highland Courte was operating outside the conditions of the Conditional Use Permit. Director Collins stated staff is uncertain if Highland Courte is operating outside the CUP, but the annual report is expected to be received sometime this week. The report was due in March, and Highland Courte was sent a letter reminding them of the requirement to file the report with the City after which Highland Courte asked for an extension. There have also not been any minutes submitted for the Highland Courte Advisory Committee. Attomey Knutson advised the Council that the' Superior Court's stay order allows Highland Courte to continue operating while the litigation is pending provided the CUP conditions are being met. Also, he informed the Council that Highland Courte's legal counsel has stated that the facility would meet the conditions of the Conditional Use Permit. The conditions must be met until the litigation has been resolved one way or another. Mayor Doyle felt that, by the next Council meeting on June 18, 2001, there should be certainty that the requirements of the Conditional Use -3- CITY COUNCIL MEETING. 4449 June 5, 2001 LATE ITEMS TO BE Permit are being met. Therefore, Councilman Williams moved that, by the next PLACED ON THIS OR Council meeting on June 18, 2001, the staff should be satisfied that the conditions A FUTURE AGENDA: of the Highland Courte Conditional Use Permit are being met or the City will do (Cont'd) whatever is necessary to close Highland Courte. The motion was seconded by Councilman Wiggins. Highland Courte (Cont'd) Manager Quinn referenced a meeting he held this past week with Mr. Harrison, at which time he agreed there was no evidence that Highland Courte was following through with some of the conditions. He had informed Mr. Harrison that he would follow-up with staff on these issues. Manager Quinn expressed the opinion that the conditions should override the contract with the State. He acknowledged that everyone is frustrated with the delays on this matter, and it is time to move forward as an obligation to the neighborhood. A vote was then taken on the motion, which carried unanimously. Carroll Reed, 1707 Lambert Lane, addressed the Council, expressing concern with the fact the residents of Highland Comte are being permitted to walk around the Highland Courte grounds unescorted or not within the 1-1 ratio that is required. On another matter, Linda Nutter, 1701 E. 3rd Street, advised Council of an upcoming meeting with Planning Commissioners from the City, Clallam County, Sequim, and Forks to exchange ideas and recognize areas of possible cooperation. Break Mayor Doyle recessed the meeting for a break at 8:08 p.m. The meeting reconvened at 8:23 p.m. FINANCE: 1. Acceptance of Downtown Watermain / Sidewalks Project - Phase H Downtown Water Main & Mayor Doyle summarized the memorandum from Public Works & Utilites Director Sidewalk Reconstruction Cutler. After brief discussion, Councilmember Eriekson moved to accept the project Project as completed by Primo Construction and authorize the release of the total retainage held in escrow in the amount of $64, 904.96 upon receipt of clearances from the Departments of Revenue and Labor & Industries. The motion was seconded by Councilman Hulett and carried unanimously. "A" Street & Grant Avenue 2. Accept "A "Street & Grant Avenue Waterline Replacement Project Waterline Replacement Project Mayor Doyle reviewed the information submitted by Public Works & Utilites Director Cutler concerning the completed waterline project at "A" Street and Grant Avenue. Councilman Hulett moved to accept the project as completed by Babbitt Construction and authorize the release of the total retainage held in escrow in the amount of $9,337.77 upon receipt of clearances from the Departments of Revenue and Labor & Industries. The motion was seconded by Councilmember Erickson and carried unanimoUsly. Lauridscn Boulevard / 3. Lauridsen Boulevard / Edgewood Drive Realignment Bid Award Edgewood Drive Realignment Bid Award Mayor Doyle summarized the memorandum from Public Works & Utilites Director Cutler concerning the bid award to DelHur Industries for the Lauridsen Boulevard / Edgewood Drive realignment project. Director Cutler briefly reviewed the bids received on this second bid, noting that some work had been added to this bid document. Councilman Wiggins moved to award and authorize the Mayor to sign the contract for the Lauridsen Boulevard / Edgewood Drive Realignment Project to DelHur Industries, Inc., of Port Angeles in the amount of $950,589.91. The motion was seconded by Councilman Williams and carried unanimously. CONSENT AGENDA: Councilman Hulett moved to accept the Consent Agenda, to include the City Council minutes May 22, 2001. The motion was seconded by Councilmember -4- CITY COUNCIL MEETING /d~50 June 5, 2001 CONSENT AGENDA: Eriekson and carried 5-1, with Councilman Wiggins abstaining due to his absence. (Cont'd) from the meeting. CITY COUNCIL Councilmembers Williams, Erickson, and Hulett had no report. COMMITTEE REPORTS: Councilman Wiggins informed Council that, on the Mayor's behalf, he opened the Juan de Fuca Festival and attended the Richard B. Anderson memorial. As a member of the Port Executive Director search committee, he is reviewing 57 applications. Councilman Campbell reported he had attended the Drug Task Force luncheon. Mayor Doyle attended a ribbon-cutting ceremony for the re-opening of the Airport coffee house. On May 26t~, the Mayor toured one of the mine sweepers docked in Port Angeles. Over 160 sailors from the visiting vessels enjoyed the Port Angeles area. Mayor Doyle also attended the ceremony in honor of Richard B. Anderson; there will be a ship reunion in September when visitors will view the memorial. Mayor Doyle highlighted the recent visit to Japan where, on the Annual Japanese Firefighting Day, Mutsu City presented the Port Angeles contingent with a firefighters coat replicated from the late 1800s. Fire Chief McKeen modeled the coat that will be displayed in the Fire Department, as will a Japanese firefighting tool. Mayor Doyle summarized travels on the bullet train, a meeting with the Chamber to discuss various businesses, as well as a visit to a pottery museum. The potter gave the City a gift which the Mayor displayed. Other highlights of the trip were a tour of Mutsu's Municipal Water, a tree planting ceremony, seeing the world's largest fish market, and a dinner with the students. Mayor Doyle felt this was a very educational trip, the opportunities from which will greatly help relations between the United States and Japan. There will be student exchanges this summer between the two cities. Manager Quinn added that a memorial plaque could be placed at the Estuary Park in recognition of this trip. ORDINANCES NOT Mayor Doyle summarized the memorandum from Fire Chief McKeen with regard to REQUIRING PUBLIC the provisions in the Outdoor Burning Ordinance. ChiefMcKeen added that, following HEARINGS: discussion at the May 22, 2001, Council meeting, language was added to clarify what is prohibited in outdoor burning and what is allowed in terms of recreational fires. Outdoor Burning Councilman Williams commended Chief McKeen for the great work; he felt this Ordinance ordinance to be a model for others to come. Mayor Doyle read the Ordinance by title, Ordinance No. 3081 entitled ORDINANCE NO. 3081 AN ORDINANCE of the City of Port Angeles, Washington, revising the City's outdoor burning regulations, amending Ordinance 2552 as amended, Ordinance 2932, and Chapters 3.70 and 14.21 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion which carried unanimously. RESOLUTION: Mayor Doyle summarized the memorandum from Public Works & Utilites Director Cutler with regard to setting a public hearing date for input on the Transportation Set Public Hearing for Improvement Plan and the Transportation Element of the Capital Facilities Plan. Mayor CFP / TIP Doyle read the Resolution by title, entitled: Resolution No. 10-01 RESOLUTION NO. 10-01 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a public heating date for review of the Six-Year Transportation Improvement Program (TIP) and Transportation Element of the Capital Facilities Plan (CFP) for the years 2002-2007. -5- CITY COUNCIL MEETING June 5, 2001 Set Public Hearing for Councilman I-Iulett moved to pass the Resolution as read by title. Councilman CFP / TIP Campbell seconded the motion which carried unanimously. Resolution No. 10-01 (Cont'd) OTHER Mayor Doyle summarized the memorandum submitted by Clerk Upton on the CONSIDERATIONS: recommended appointment of Mr. Jerry Schwagler to the Construction Code Board of Appeals. Councilman Hulett moved to appoint Mr. Schwagler to the membership Appointment to of the Construction Code Board of Appeals for the unexpired term ending Construction Code Board February 28, 2002. The motion was seconded by Councilmember Erickson and of Appeals carried unanimously. INFORMATION: City Manager's Calendar & Report: Manager Quinn noted there was an incorrect date on the calendar for the presentation to the USCGC Active. The correct date should be Saturday, June 9, 2001 at 2:00 p.m. The Gateway Meeting has been canceled for June 7, 2001. The Real Estate Committee meeting has a time change and is now scheduled for 5:00 p.m. There was brief discussion on the AWC meeting and the arrangements to be made. An update was included in the packet on the Council's project goals. Other items discussed were the update on the industrial waterline repairs, the quarterly report from Human Resources, the Fire Department's rating, the "Pass the Buck" program, and the discussions on the underground. Mayor Doyle asked that staff research the possibility of improving the public address system at Veterans Park, as well as the fountain turbulence at the same location. Manager Quinn informed the Council that Channel 5 had recently been out to Ediz Hook to film the rock sculptures recently created by the public. EXECUTIVE SESSION: None. ADJOURNMENT: The ms¢!ing adjourn :10 p.m. LallyDo~Mayor ~ ~/j B~ckyJ. l~p~,Ci--t~lerk"' /~ - '~- -6-