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HomeMy WebLinkAboutMinutes 06/17/1997 3502 CITY COUNCIL MEETING Port Angeles, Washington June 17, 1997 CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING: 6:05 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle, Hulett, and McKeown. Members Absent: Councilman Wiggins. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, K. Ridout, T. Smith, B. Jones, L. Haehnlen, and J. Hicks. Public Present: D. Reiss and M. Caltrider. ADJOURN TO The meeting adjourned to Executive Session to discuss potential litigation and union EXECUTIVE SESSION: negotiations for approximately one hour. RETURN TO OPEN The meeting returned to open session at 7:03 p.m. SESSION: CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 7:10 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of June 3, MINUTES: 1997. CounCilman Hulett seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: 1. Consideration of Bids for Water Utility Materials Bids for Water Utility Public Works Director Pittis reviewed staffs recommendation to reject the bid fi.om Pacific Materials Water Works for water meters in that the meters have failed to perform to normal operational standards. Deputy Director Ridout explained that the 2" compound meter tends to flow backwards, which results in a loss of revenue. After limited discussion, Councilman Campbell moved to reject the bid from Pacific Water Works for Schedule A and award the bid for Schedules A and B to Familian Northwest and Schedule C to Pacific Water Works. The motion was seconded by Councilmember McKeown and carried unanimously. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: 1) Agreement with NTI for engineering and testing services for the Downtown Watermain and Sidewalk Project No. 94-22; 2) Request for fund transfer - Hazardous structure demolition; 3) Payroll - June 1, 1997 - $369,252.59; and 4) Check list - June 13, 1997 - $954,875.48. Councilman Doyle seconded the motion, which carded unanimously. ITEMS FROM THE Director Piths informed the Council that the revised Memorandum of Understanding had AUDIENCE/COUNCIL/ been returned by the PUD and is being forwarded to the Mayor for signature. STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: -1- 3503 CITY COUNCIL MEETING June 17, 1997 PUBLIC HEARINGS: 1. COMPREHENSIVE PLANAMENDMENTS-CPA 97-01, 02, 03, 04: Proposals to amend the City's Comprehensive Plan to include airport facilities as essential Comprehensive Plan public facilities, amend the Urban Growth Area to include certain areas directly Amendments- adjacent to the City's current limits, address storm water issues, and Ordinance No. 2960 incorporate the City's customer service statement of values. At Mayor Ostrowski's invitation, Councilman Braun moved to reopen the public hearing on the proposed Comprehensive Plan amendments. Councilman Doyle seconded the motion, which carried unanimously. Planning Director Collins distributed a revised set of Findings & Conclusions, noting they had not been added to or corrected, but rather had been consolidated. In addition, he distributed an excerpt of the Planning Commission minutes of May 14, 1997, pertinent to the public hearing held at that level. Mayor Ostrowski reopened the public hearing at 7:25 p.m. Ken Sweeney, Planning and Enviromnental Manager for the Port of Port Angeles, 338 W. 1 st Street, spoke in support of the proposed amendments to the Comprehensive Plan, to include Land Use Element Goal G/Policy 3 and Goal H., Policy 6, which recognize the William R. Fairchild International Airport as an essential public facility. There are many reasons the airport should be so recognized, one of which is that it has become a very important element of the area's economic development program. Not only can executives and technicians travel fi'om Port Angeles to Seatac and around the world, but customers of local industry can travel to Port Angeles for business purposes. Councilman Campbell inquired as to the number of complaints received w/th regard to noise and other problems at the airport. Mr. Sweeney responded that a noise study had been conducted in 1988, which identified noise contours mostly east and west of the airport. Those areas involve Lincoln Park and Lower Elwha Road; therefore, the noise impacts are in areas not heavily utilized. There being no further public input, Mayor Oslrowski closed the public heating at 7:28 p.m. He then read the Ordinance by title, entitled ORDINANCE NO. 2960 AN ORDINANCE of the City of Port Angeles, Washington, amending the the Comprehensive Land Use Plan's policies regarding airports and public services, requesting Clallam County to amend the Port Angeles Urban Growth Area to include a small area south of the City limits, and amending Ordinance 2818, as amended. Councilman Doyle moved to adopt the Ordinance as read by title, citing Findings 1 - 10 and Conclusions A - F, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion, which carried unanimously. LEGISLATION: 1. Ordinances not Requiring Public Hearings Revised Schedule of Fees - A. Revised Schedule of Fees - Recreation Recreation - Ordinance No. 2961 Mayor Ostrowski reviewed the information provided by the Parks & Recreation Department, and Parks Director Brodhun advised the Council that the proposed revisions were part of the solution to amend the budget to make up some of the projected shortfalls. Mayor Ostrowski read the Ordinance by rifle, entitled ORDINANCE NO. 2961 AN ORDINANCE of the City of Port Angeles, Washington, revising fees for various park and recreation activities and amending Ordinance 2789, as amended, and Chapter 3.70 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion, which carried unanimously. Revised Water Rates - B. Revised Water Rates Ordinance No. 2962 Public Works Director Pittis reported that this particular proposal includes no rate increase for wastewater as was originally intended. Further, the proposed rate increase for water is less than was anticipated, due to the outstanding work of the Finance Department. -2- 35O4 CITY COUNCIL MEETING June 17, 1997 LEGISLATION: Mayor Ostrowski read the Ordinance by rifle, entitled (Cont'd) ORDINANCE NO. 2963 Revised Water Rates ....... Ordinance No. 2962 ~ ~ORDINAN~E of the City of Port Angeles, Washington, revising water rates and mending Ordinance 2181, as amended, and Chapter 13.44 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion. Discussion followed, with Councilman Doyle inquiring as to the consumption charge. Finance Director Godbey clarified that the 5% increase was applied to the base charge. A vote was taken on the motion, which carried unanimously. 2. Resolutions not Requiring Public Hearings: None. 3. Planning Commission Minutes/Action Items Planning Commission Minutes - May 28, 1997 Councilman Braun moved to accept and place on f'fle the Planning Commission minutes of May 28, 1997. Couneilmember McKeown seconded the motion, which carried unanimously. Request by Dry Creek 4. Other Considerations Water for Wholesale Water A. Request by Dry Creek Water for Wholesale Water Mayor Ostrowski reviewed the information provided by the Public Works Department. Councilman Braun reported that this request from the Dry Creek Water Association had been reviewed by the Utility Advisory Committee, and Director Pittis noted that this request is based on Dry Creek's endeavor to explore other options for water availability. To participate in a technical study would by no means commit the City or Dry Creek. Approval of the City!s participation in the study would allow staff to coordinate with Dry Creek in the hiring of a consultant. Director Pittis indicated that it had been pointed out that this particular area is not presently within the City's UGA, so there are some significant administrative and policy issues to be addressed. Councilman Campbell moved to authorize the Public Works Department to participate in the technical study which would be funded by the Dry Creek Water Association, but that this authorization do~s not obligate the City to approve the sale of wholesale water in the future. Councilman Doyle seconded the motion, which carried unanimously. Termination of Pacific B. Termination of Pacific Rim Agreement for Burning Landfill Gas Rim Agreement Attorney Knutson advised the Council that nothing has happened with this contract for the past couple of years, and if the contractor wishes to pursue his plans in the future, then the City could consider another contract at that time. Councilman Braun moved to authorize the contract with Pacific Rim be terminated based on lack of performance. The motion was seconded by Councilman Hulett. In the discussion that ensued, Deputy Urilirics Director Titus indicated the plans of Pacitic Rim have changed over time, and in the immediate future, their plans are not economically feasible. Councilman Doyle questioned the amount of staff time and effort spent on this project, and Deputy Director Titus responded it was substantial. Al~er further discussion, a vote was taken on the motion, which carried unanimously. Labor Agreement C. Labor Agreement between City and AFSCME Local #1619 Between City and AFSCME Local # 1619 Human Resources Manager Coons reviewed for the Council the salient points of the negotiated labor agreement between the City and AFSCME Local #1619, which is the City's largest bargaining unit. Attorney Knutson directed the Council's attention to Page 131, second paragraph in Article V, Section B. 4, which should have been deleted. Additionally, Councilman Doyle pointed out there should be a comma placed in the first paragraph of Section B.4., between the words "retirement" and "death". Councilman Braun moved to approve the labor contract between the City and AFSCME Local #1619 covering the period of January 1, 1997 through December 31, 1999, making the wage increase for 1997 effective retroactive to January 1, 1997, and deleting the paragraph and adding the comma as noted. The motion was seconded by Councilman Campbell. After limited discussion, a vote was taken -3- 35O5 CITY COUNCIL MEETING June 17, 1997 Labor Agreement on the motion, which carried unanimously. Between City and AFSCME Local #1619 Manager Pomeranz indicated it was noteworthy that this is an excellent contract for the (Cont'd) employees, as well as the City. There has been some real sacrifice, and all parties should be acknowledged for their efforts on behalf of the citizens. Appeal of Rayonier Mill D. Appeal of Rayonier Mill Demolition MDNS Demolition MDNS Mayor Ostrowski briefly reviewed the information provided by the City Attorney. Councilmember McKeown moved to set a special meeting on Tuesday, June 24, 1997, 7:00 p.m., for the purpose of conducting a "closed record" appeal so that the Council could listen to the Planning Commission tape and hear arguments from the appellants, Rayonier, and the Planning Director. Attorney Knutson suggested the possibility of holding the meeting at 5:00 p.m. Also, as pointed out in the memo, he indicated the Council had a choice of either listening to the tape or requ'.tring the preparation of a transcript, which could take a week or two. Therefore, he proposed it might be a better option to listen to the tape. Another issue he brought to the City Council's attention was that the Mayor, the City Manager, the Planning Director, and the City Attorney had received a FAX from the appellants protesting the City Council heating this appeal at all. This protest was based on what the appellants perceived to be a conflict of interest due to the City negotiating with Rayonier on some issues related to the mill closure. Attorney Knutson's advice to the City Council was to proceed with the heating of the matter, as the Council has not been involved in the negotiations. Rather, the negotiations have been taking place at the staff level. Ultimately, if something is negotiated successfully by the staff, presumably the matter would come before the City Council. At this time, however, he felt it better for the staffto continue to negotiate with Rayonier on mil! closure impacts and facilities and for the Council to hear this appeal as is provided for by State law and by City ordinance. Also, Attorney Knutson stated that, under the Appearance of Fairness Doctrine, if there is a challenge to the Council's ability to hear a matter that would result in the lack of a quorum, then the Council should hear the matter as if the challenge had not been made. This challenge would affect the entire City Council, so if the members had to disqualify themselves, there obviously wouldn't be a quorum. Councilman Hulett asked who would hear the appeal if not the City Council. Attorney Knutson responded that the appellants were suggesting that a committee comprised of impartial city residents be formed. Committee members must be uninvolved in matters relevant to Rayonier. To Attorney Knutson's knowledge, there is no legal precedent to allow for such a committee, and he thought it was an unacceptable alternative. Manager Pomeranz affirmed that staffhas been negotiating with Rayonier, and he didn't expect any final conclusion to be reached on these issues in the next thirty days. Discussion followed, and the Council agreed by consensus to listen to the Planning Commission tapes in advance of the appeal. Conncilmember McKeown asked that her motion be changed so that the appeal would be conducted at $:00 p.m. The motion was seconded by Councilman Hulett and carried unanimously. On another matter, Mayor Ostrowski asked Councilman Campbell to report on the Council's trip to Victoria. Councilman Campbell noted the joint meeting with the two City Councils was extremely successful. The two cities hax/e made great strides by agreeing to establish a working relationship in the interest of economic development. To that end, a proclamation of cooperation was signed by both Mayors. Councilman Campbell reported on discussions held pertinent to Victoria's organizational approach to tourism, and he expressed the opinion that Port Angeles has a great deal to learn fi.om Victoria. Mayor Ostrowski noted it will be important for the development of an action plan in pursuing this joint relationship, and Manager Pomeranz indicated a staffretreat will be scheduled between the two cities for the planning and implementation of various programs. Break Mayor Ostrowski recessed the meeting for a break at 8:15 p.m. The meeting reconvened at 8:28 p.m. ADJOURN TO The meeting adjourned to Executive Scs§ion at 8:28 p.m. to continue discussions being EXECUTIVE SESSION: held in the Executive Session conducted at 6:00 p.m. RETURN TO The meeting returned to open session at 9:00 p.m. OPEN SESSION: -4- 3506 CITY COUNCIL MEETING June 17, 1997 ADJOURNMENT: The meeting was adjourned ~ P.~;~ City Clerk -5- 3507 THIS PAGE INTENTIONAI.Ly LEFT BLANK 3508 FINDINGS AND CONCLUSIONS FOR COMPREHENSIVE PLAN AMENDMENTS CPA 97-01, 02, 03, and 04: 1. SSB 6422 requires the City of Port Angeles to include policy statements regarding General Aviation Airports in its Comprehensive Plan. 2. The City consulted with the Port of Port Angeles and WSDOT Aviation Division regarding proposed General Aviation Airport policies. 3. The City received requests from six property owners for inclusion of their properties within the Port Angeles Urban Growth Area (UGA). 4. The City's Comprehensive Plan, including Appendix B (Clallam County's County- Wide Planning Policy) was reviewed to determine consistency of the proposed amendments with the Comprehensive Plan goals and policies. 5. The following Comprehensive Plan goals and policies were found to be most relevant: Growth Management Goal A, Policies A.I.j, A.I.1, A.5, A.6, A. 12,and Objective A. 1; Growth Management Goal B, Policies B. 1, B.3, B.5, and B.9; Capital Facilities Goal A, Policies A. 1, A. 10, and Objective A.2, Goal 13, Policy 13.6, and Objective B. 1; Conservation Goal B, Policies B.5, B.6, B. 10, B. 11, B. 12, B. 14, B. 15, Objectives B.2, B.4, B.8 and Goal C, Policy C.1; Appendix B (Clallam County's County-Wide Planning Policy) Urban Growth Area Policies 3 and 9; Siting of Public Capital Facilities Policies 1, and 8; and Transportation Facilities and Strategies Airport Policies 31, and 32. 6. Limited access to the area is through the City due to its topographical location which includes the existence of the Peabody Creek ravine and National Park property. 7. The City has adopted and enforces its critical areas ordinances. 8. The City received a reviewing agency's request on October 2, 1995, from the Department of Ecology regarding stormwater level of service standards and water quality goals. 9. The City's Comprehensive Plan may be amended once a year. 10. The City recently adopted a customer service statement of values to direct actions of the City's employees in their efforts to provide quality customer service and to facilitate other goals and policies contained in the Comprehensive Plan. 3509 Conclusions A. The proposed amendments are consistent with the Comprehensive Plan. B. The proposed amendments are consistent with State law. C. The proposed amendments are in the public interest. D. The proposal by DOE requires the City to resolve the issue of creating a stormwater utility before more policy statements and standards can be implemented. E. A delay in considering the requested changes by DOE is in the public interest. F. The incorporation of the City's customer service statement of values is in the public interest as it enforces the commitment to quality service required of City employees. Adopted by the Port Angeles City Council at its meeting of June 17, 1997. ""~dsper O;trowsk"ki,, Ma'~'~ ~'--'-' - B'~cky i. 12~on,<~it~ Cle~-- ~