HomeMy WebLinkAboutMinutes 07/16/1996 3319
CITY COUNCIL MEETING
Port Angeles, Washington
July 16, 1996
CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to order at
SPECIAL MEETING: 5:05 p.m.
ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle,
McKeown and Wiggins.
Members Absent: Councilman Hulett.
Staff Present: Manager Pomeranz, Attorney KnutS°n, Deputy Clerk Hagar,
B. Becker, K. Godbey, S. Ilk, J. Pittis, B. Titus, D. Sawyer, S.
Leaf, S. McLain, and B. Coons.
Public Present: J. Moore.
BPA Power Sales City Light Director Titus stated he wished to bring the Council up to date on the issues
affecting utility operations locally, regionally, and nationally. He provided an overview of
current events in the electric utility industry; specifically, deregulation and the changing
power supply market.
Director Titus discussed open transmission issues and retail wheeling (which entails
purchasing power direct and bypassing the utility) and addressed current Bonneville Power
Administration contract options available to the City. The City has currently agreed to an
amendment to the existing power contract which guarantees City Light will buy 90% of its
power from BPA over the next five years or pay an exit fee. An exit fee is a settlement to
BPA to offset revenues lost when utilities buy elsewhere. A contract option which would
reduce the 90% commitment figure to 85% is available, but is subject to terms that may not
be favorable to the City.
Director Titus went on to describe the dynamics of the power market, how it may change
over the next several years, and how this may effect City Light's diversification plans. He
also described several diversification options which City Light has examined with the help
of the consulting finn Economic and Engineering Services. There are three specific
options that City Light has examined, however, analysis indicates that exit fees are too high
to justify power resource diversification beyond the 85% or 90% levels.
Director Titus then outlined the outstanding issues which must be resolved before a new
contract with BPA can be signed. The most significant issue is retail wheeling. He then
described the key features of alternative power supply contracts, and informed the Council
that based upon EES's analysis, the lowest bidder for non-BPA load is Louisville Gas and
Electric.
Director Titus ended his presentation by outlining various options for City Lights retail
rates which will reflect the expected changes in power supply costs.
ADJOURN SPECIAL The special meeting was adjourned at 6:53 p.m.
MEETING:
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 July 2,
MINUTES: 1996. Councilman Doyle seconded the motion. Councilman Wiggins noted an error on
page 7 of the minutes. The line "....Councilman Wiggins had also delivered...." should read
".....Councilman Campbell had also delivered ..... ' A vote was taken on the motion,
which carried by a majority, with Councilmember McKeown abstaining due to her
absence from the meeting.
-1-
3320
CITY COUNCIL MEETING
July 16, 1996
CEREMONIAL None.
MATTERS/
PROCLAMATIONS:
FINANCE: 1. Agreement with Clallam-Jefferson Community Action Council for Continuation
of Housing Rehabilitation Grant Monitoring
Housing Rehabilitation
Grant Monitoring Mayor Ostrowski reviewed the information provided by the Department of Public Works.
Councilmember McKeown moved to approve the contract with Clallam/Jefferson
Community Action to assist the City in the implementation of Phase IH of the Port
Angeles Housing Rehabilitation program for an amount not to exceed $104,000 for
the two year term and authorize the Mayor to sign the contract. Councilman
Campbell seconded the motion. After limited discussion, Attorney Knutson stated
additional language was needed in the contract to assure no intermingling of funds, and
asked for a modification to the motion to allow for housekeeping type changes.
Mayor Ostrowski asked for a Vote on the amending language, which carried
unanimously. A vote was then taken on the amended motion, which carried
unanimously.
Food Bank Pre-Design 2. Award Contract to Lindberg Architects for Pre-design of New Port Angeles
Food Bank
Mayor Ostrowski reviewed the information provided by the Department of Public Works.
Councilman Campbell moved to award the request for proposal to IAndberg
Architects and authorize the Public Works Department to negotiate an agreement
for professional services not to exceed the grant amount of $21,875. Councilman
Braun seconded the motion. Discussion followed, and Public. Works Director Pittis
asked for the motion to be modified to authorize the Mayor to sign an agreement as
developed by Public Works and the City Attorney. If the Council was not comfortable
making this modification, thc item could be returned for authorization at a future meeting.
Mayor Ostrowski asked for a vote on the amending language, which carried
unanimously. A vote was then taken on the amended motion, which carried
unanimously.
Director Pittis thanked and praised Don Madison, City Light, for his help in this process.
Police Station 3. Acceptance and Approval of Final Payment - Police Station Renovation Project
Renovation Project
Mayor Ostrowski reviewed the information provided by the Department of Public Works.
Councilman Doyle moved to accept the project, authorizing the f'mal payment in the
amount of $21,634.36, and authorize release of the total retainage in the amount of
$19,125.85 upon receipt of clearances from the Department of Revenue and Labor
and Industries. Councilmember McKeown seconded the motion. Public Works
Director Pittis stated staff was pleased with the project management, quality of work
provided, and cost control exhibited by Aldergrove Construction during this project. A
vote was taken on the motion, which carried unanimously.
CONSENT AGENDA: Councilman Wiggins moved to accept the Consent Agenda, including: 1) Progress
payment g4 to Hisey Construction for Compost Facility Phase II; 2) Progress payment #1
to Lakeside for Vem Burton Memorial Community Center/City Hall parking lot; 3) Payroll
- June 30, 1996 - $405,272.71; and 4) Voucher list - July 16, 1996 - $381,520.72.
Councilman Campbell seconded the motion. After a brief discussion regarding paving
of the City Hall/Vem Burton parking lot, a vote was taken on the motion, which carried
unanimously.
ITEMS FROM THE The following citizens requested to address Item D. 2. Options for interest earnings on
AUDIENCE/COUNCIL/ bonded capital projects: Larry Schueler, Ray Weinmann, Jerry Moore, and Eleanor Sam:.
STAFF TO BE
CONSIDERED OR Councilman Wiggins asked to report on his Nanaimo Trip, this was added as D. 6.
PLACED ON A Councilman McKcown asked to report on thc Morse Creek Urban Wildlife Project, which
FUTURE AGENDA: was added as item D. 7. Councilman Braun asked to add Item D. 8. traffic flow into town.
City Manager Pomeranz added Item D. 9., North Olympic Cities Association.
-2-
3321
CITYCOUNCILMEETING
July 16, 1996
PUBLIC HEARINGS: 1. Street Vacation Petition - STV 96(06)03 - HANNAM, Portion of the
Hancoclo/Fogarty Alley: Request for vacation of a portion of the
Street Vacation - Harmam Hancock/Fogarty alley west of Cherry Street,
Ordinance No. 2923
Mayor Ostrowski reviewed the information provided by the Planning Department and
requested Senior Planner Sawyer to clarify the issue for the Council. Mr. Sawyer explained
that there are certain streets which have been vacated by statute. This process will give
ownership of the vacated property back to the adjoining property owners. Mr. Sawyer used
the overhead projector to demonstrate the property to be vacated, and informed the Council
that an additional Finding should be added which reflects the Planning Commission's
action reeonunendmg approval.
Mayor Ostrowski opened the public hearing at 7:35 p.m. There was no public testimony,
and the public hearing was closed.
Mayor Ostrowski read the Ordinance by title entitled,
ORDINANCE NO. 2923
AN ORDINANCE of the City of Port Angeles vacating
that portion of the Hancock/Fogarty alley abutting
Lots 3 and 4, Block 23, Fogarty and Dolan's Addition
to the Townsite of Port Angeles, Washington.
Councilmember McKeown moved to adopt the Ordinance as read by title, citing
Findings 1 - 14, and Conclusions A - D, as set forth in Exhibit "A' which is attached
to and becomes a part of these minntes. Colmcilman Campbell seconded the motion.
At Council's request, Attorney Knutson explained vacations by statute. A vote was taken
on the motion, which carried unanimously.
LEGISLATION: A. Ordinances not Requiring Public Hearings
City Light Rate
Ordinance No. 2924 1. Amendment to Ci(y Light Rate Ordinance 2173
Mayor Ostrowski reviewed the information provided by the Light Department and read the
Ordinance by title, entitled
ORDINANCE NO. 2924
AN ORDINANCE of the City of Port Angeles, Washington,
providing for special "pass through" power rates fi-om the
Bonneville Power Administration for industrial customers
and amending Ordinance 2173 as amended and Chapter
13.12 of the Port Angeles Municipal Code.
Councilman Braun moved to adopt the Ordinance as read by title. Councilman
Campbell seconded the motion. Atter limited discussion/a vote was taken on the
motion, which carried unanimously.
B. Resolutions not Requiring Public Hearings
None.
C. Planning Commission Minutes/Action Items
None.
Purchase of D. Other Considerations
Liability Insurance
1. Purchase of Liability Insurance Through WCIA for 1997
Mayor Ostrowski reviewed the information provided by Human Resources. Bob Coons,
Human Resources Manager, stated that the City of Port Angeles is the only large deductible
City covered by WCIA. There has been an increase in the number of claims per year, and
broken watermains have led to large claims on several occasions.
Discussion followed, and Council asked if there were other carriers which might have
lower premiums. Manager Pomeranz explained that the City had gone out to bid for this
insurance several years ago, and had gone with WCIA. Mr. Coons stated WCIA had the
best options at that time, and they are an exceptionally well nm organization. As the
current policy does not expire until the end of the year, it was the general consensus of the
Council that staff look into other insurance options and bring this information back to a
future meeting.
-3-
3322
CITY COUNCIL MEETING
Ju~ 16,1996
Interest Earnings on Bonded 2. Options for Interest Earnings on Bonded Capital Projects
Capital Improvements
Mayor Ostrowski reviewed the information provided by the Finance and Public Works
Depart~nents, and pointed out that there are still outstanding legal obligations regarding the
Senior Center, therefore, no decision will be made this evening regarding interest income
from that project. Mayor Ostrowski then asked Finance Director Godbey to explain the
options available for consideration.
Director Godbey stated the article in today's newspaper regarding surplus bond funds
contained several errors. She then specified the errors and corrected them. Director
Godbey reviewed the options available for the interest income and responded to questions
directed by the Council.
Public Works Director Pittis distributed copies of a library cost summary and stated staff
was primarily concerned with library bond interest income because decisions must be made
regarding funds available for library construction. Director Pittis explained the difference
between this smnmary and the original estimate, reviewed the options available to keep the
library construction within budget, and responded to questions posed by the Council.
Ray Weinmann, 438 Whidby, Vice President of Port Angeles Friends of the Library, read
a prepared statement requesting the interest income be used to additional construction
costs.
Larry Schueler, 135 Oakcrest, member of the Library Steering Committee, read a prepared
statement supporting the use of interest income for library construction.
Jerry Moore, 830 Dun-wachter Road, representative of the Port Angeles Junior Soccer
Club, asked the Council to consider using the excess funds to for capital projects such as
a soccer field, which would help meet the needs of the community's youth. Mr. Moore
stated that matching fund grant money is becoming available for developing soccer and
play fields.
Elinor Saar, 1432 West 1 lth Street, complained of problems at the Senior Center. She
claims there is hot water running into the toilets, and the heating system is inadequate. She
felt excess Senior Center funds and library funds should not be put towards a golf course,
but used for projects to benefit the youth of the community.
Ms. Saar informed the Council that the problems at the Senior Center have been reported
to staff on numerous occasions, however, nothing has been accomplished yet. She also
objected to the Senior Center being rented out to non-seniors and felt the building was
poorly designed. She invited the Council to tour the Senior Center and see the problems
for themselves.
Mayor Ostrowski explained that the City had received a grant with a proviso that the
building be a Senior Services and Community Center which is why the building is rented
for non-senior events. Manager Pomeranz pointed out that there were excess funds from
the building of the Senior Center because the City had been so prudent in the planning and
building of this facility. He felt bringing the project in on budget was quite an
accomplishment.
Mayor Ostrowski reminded the Council that on September 6, 1994, a motion was passed
which stated "in the event the Library Bond passes, and if there are excess funds after the
new library has been completed, that these funds be used to pay off the bond." The motion
was then amended to state "to pay offthe bond or reduce taxes". This motion was passed
unanimously. He pointed out that there are two new Council members, and asked the
Council for cormnent on the issue.
Lengthy discussion followed, and each Councilmember gave their feelings and opinion on
the issue. Councilman Braun felt the money should be returned to the taxpayers.
Councilman Doyle stated that although there were many worthwhile capital projects which
needed funding, the people of Port Angeles had only committed to $3.6 million, and the
balance should be returned to the public. Councilmember McKeown felt that the changes
to the library design were requested by the citizens, therefore, the interest income should
be used for library construction. Councilman Campbell felt the Council had made a
commitment of $3.6 million and the excess should be returned to the voters.
At Council's request, Attorney .Knutso~ and Finagce Director Godbey clarified the
Councilman Wiggins moved to authoriz~ for use of library construction the original
$3.6 million, and excess funds beyond this amount be returned to the taxpayers, per
option one oftbe memo. Counciimember McKeown seconded the motion. After brief
discussion, a vote was taken on the motion, which carried unanimously.
_4¸-
3323
CITYCOUNCILMEETING
July 16, 1996
Amendatory Agreement to 3. Amendatory Agreement # 7 to BPA Power Sales Contract
BPA Power Sales Contact
Mayor Ostrowski reviewed the information provided by the Light Department.
Councilman Doyle moved to authorize the City Light Director to sign and validate
Amendatory Agreement #7 between the BPA and City of Port Angeles. Councilman
Braun seconded the motion, which carried unanimously.
Power Sales Agreement 4. Power Sales Agreement with BPA and Rayonier
Mayor Ostrowski reviewed the information provided by the Light Department.
Coundlman Campbell moved to authorize the City Light Director to enter into an
agreement with the Bonneville Power Administration for a surplus firm energy sale
and with Rayonier Inc. for a retail power sales agreement. Councilman Wiggins
seconded the motion, which carried unanimously.
Letter of Support for 5. Re-authorization Support Letter Requested from Peninsula College of
Workforce Employment Worlcforce Employment and Training Act (ESHB 1988)
and Training Act
Mayor Ostrowski reviewed the letter received from Peninsula College.
Councilman Wiggins moved to send a letter supporting the re-authorization of the
Workforce Employment and Training Art. Couneiiman Braun seconded the
motion, which carried unanimously.
Nanaimo Trip 6. RePort on Nanaimo Trip
CouncilmansWiggins reported that Nanaimo was in a similar position as Port Angeles in
regards to its waterfront, and have gone to great lengths to improve it. Nanaimo now
resembles Victoria B.C. and is a lovely place. The Nanaimo project proves that
cooperation and coordination between government agencies and downtown businesses can
accomplish great things. Manager Pomeranz stated Nanaimo did an outstanding job in
redeveloping their waterfront and downtown area. The City of Port Angeles must continue
to work closely with the downtown associations and merchants in order to help one another
achieve great things downtown.
Morse Creek Urban 7. Morse Creek Urban Wildlife Project
Wildlife Project
Councilmember McKeown distributed copies of a letter fi.om Anita McMillan of the
Washington Department of Fish and Wildlife (WDFW) regarding the proposed Morse
Creek Urban Wildlife Project. The State is interested in acquiring property fi.om George
Rains which would compliment the Waterfront and Discovery Trails. Ms. McMillan
understood that the WDFW would pay property tax, therefore, the community would not
lose the tax base on this property. A letter of support of this project is requested of the
Council.
Counciimember McKeown moved to send a letter supporting the Morse Creek
Urban Wildlife Project. Councilman Campbell seconded the motion. Discussion
followed and Councilman Wiggins expressed concern over loss to the tax base, as he
understood government entities did not pay property taxes. Finance Director Godbey will
research whether or not the WDFW would be obligated for property taxes. Councilman
Wiggins asked that the motion be amended to state support of the project providing there
is no loss of tax base.
Mayor Ostrowski asked for a vote on the amending language, which carried
unanimously. A vote was then taken on the amended motion, which carried
unanimously.
Traffic Flow 8. Traffic Flow Problem
Councilman Braun stated that he was returning from Sequim on Monday, when he
encountered an accident which took place in front of the Portside Inn and traffic was
backed up to Monroe Road. The Police were doing a fine job, however, it took quite a long
time to clear up the traffic tangle. Councilman Braun reminded the Council not to lose site
of the need for an alternate route. He understood that this would be a very expensive
project, however, a cross-town route is a necessity.
Public Works Director Pittis stated the transportation plan will be coming before Council
within the next several months.
-5-
3324
CITY COUNCIL MEETING
July 16, 1996
North Olympic 9. North Olympic Peninsula Cities Association
Cities Association
Manager Pomeranz stated he and Mayor Ostrowski had been working with the City of
Sequim on a variety of issues. Staff felt it would be beneficial if the cities and county met
on a frequent basis to discuss various issues of intergovernmental relations. The formation
of an informal regional group was discussed. This would be composed of the Cities of Port
Angeles, Forks, and Sequim. It was suggested that the group meet on a quarterly basis in
one of the three cities. Manager Pomeranz explained what types of programs and
discussions would be held during these meetings, and explained the group would be
composed of the Mayor and one Councilmember and the chief administrative officer from
each City. Councilman Campbell stated this was a great idea andvolunteered to be the
Council's representative.
ADJOURNMENT: The meeting was adjourned at 9:10t~l~"'---~~
-6-
3325
Exhibit "A"
FINDINGS AND CONCLUSIONS FOR APPROVAL OF STREET VACATION - STV 96(06)03 -
HANNAM, Portion of the Hancock/Fogarty alley ·
Findings:
1. A valid petition, included as Attachment "A" of the June 12, 1996, Planning
Department Staff Report for STV 96(06)03, was submitted on May 15, 1996, for
vacation of City right-of-way.
" 2. The petition requests vacation of that portion of the Hancock/Fogarty alley abutting
Lots 1-14 and Lots 15-24 of Block 23, Fogarty and Dolan's Addition to the Townsite
of Port Angeles (TPA) not previously vacated.
3. Lots 6 - 13 and 16 - 20, Block 23, Fogarty and Dolan's Addition, TPA, except those
portions located within an environmentally sensitive area (ESA) or buffer were
previously vacated by City Ordinance 2844, on January 22, 1995.
4. An environmentally sensitive areas survey was submitted and placed on file on March
9, 1995, defining a geological hazard area and its buffer as being located in Block 23,
Fogarty and Dolan's Addition. The geological hazard area and a portion of its buffer
is also located on Lots 3, 4, 5, 6, 20, 21 and 22, Block 23, Fogarty and Dolan's
Addition.
5. Section 15.20.070 (C)(4)(a) (Geological Hazard Areas) of the Port Angeles
Municipal Code allows for a reduction of the required 50-foot buffer area if a
geotechnical study is provided by an engineer that attests to the stability of the bank
or slope area for a proposed use.
6. Street vacations are categorically exempt from the State's Environmental Policy Act
(SEPA) requirements per Section 197-11-800(2)(h) of the Washington Administrative
Code.
7. The subject right-of-way and adjacent properties are designated Low Density
Residential by the City's Comprehensive Plan and are zoned RS-7, Residential Single
Family.
8. City electrical facilities are located in the subject fight-of-way adjacent to Lot 23 in
the requested vacation area.
9. The Public Works Department's comments are included as Attachment "B" of the
June 12, 1996, Planning Department Staff Report for STV 96(06)03, and state no
objection to the vacation as requested.
10. The City Light Department's comments of June 3, 1996, recommending that the
~ alley not be vacated are included as Attachment" C" of the June 12, 1996, Planning
Department Staff'Report for STV 96(06)03. An amended memorandum
3326
indicating no objection to vacation of that portion of the alley abutting Lots 3, 4, 21,
and 22, Block 23, Fogarty and Dolan's Addition is on file with the City's Planning
Department.
11. The area of the proposed vacation currently serves as the main vehicular access to
Lots 3 and 4 due to the topography of Lots 3 and 4, and secondary access to Lots 1,
2, 21, 22, 23, and 24, all in Block 23 Fogarty and Dolan's Addition to the Townsite
of Port Angeles. Secondary access to Lots 3 and 4 is from undeveloped Hancock
Street.
12. On June 20, 1996, the Planning Department was informed that the main reason for
submittal of the vacation petition was to obtain use of that portion of the alley
abutting Lots 3 and 4, Block 23, Fogarty and Dolan's Addition. The remaining
neighbors/petitioners have no desire to obtain the right-of-way for their own use but
joined in the action to enable a neighbor (Mrs. Hannam) to obtain right-of-way
abandonment to construct a garage.
13. Vacation of the subject right-of-way will result in an increase to the taxable area of
Lots 3 and 4, Block 23, Fogarty and Dolan's Addition to Port Angeles..
14. Following a public hearing conducted on June 26, 1996, the Planning Commission
recommended approval of vacation of that portion of the Hancock/Fogarty alley
abutting Lots 3 and 4, Block 23, Fogarty and Dolan's Addition to Port Angeles.
Conclusions:
A. As conditioned, the proposed vacation is consistent with the City's Comprehensive
Plan Land Use Policy B, 2 and 3 and Transportation Policy B, 18.
B. As approved, the right-of-way is not needed for future street access and does not
block access to the City's electrical facilities located in the alley.
C. As approved, vacation of the subject right-of-way is in the public interest.
D. As conditioned, the vacation is in compliance with Section 15.20 (Environmentally
Sensitive Areas Ordinance) of the City's Environmentally Sensitive Areas Ordinance.
dor)ted by the Port Angeles City Council at its meeting of July 16, 1996.
l~OSl~r Ostrowski, Mayor
Ca'--rol A. Haga~r, Deputy