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HomeMy WebLinkAboutMinutes 09/02/2003 5017 CITY COUNCIL MEETING Port Angeles, Washington September 2, 2003 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, T. Smith, G. Kenworthy, and J. Hebner. Public Present: P. Lamoureux, J. Gloor, C. Lear, J. Pittis, H. Bower, L. Beil, M. Wiggins, and C. Ellis. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Fire Chief McKeen. ALLEGIANCE: PUBLIC CEREMONIES, 1. Proclamation Recognizing Hospice of Clallam County: PRESENTATIONS AND PROCLAMATIONS: Mayor Wiggins read and presented the proclamation to Hospice Founder, Rose Crumb, as well as Board members Art Judd and Lois Baker. Pam Gates, Coordinator of thc Proclamation Recognizing Hospital 25-Year Celebration, extended an invitation to the Council to attend the Hospice of Clallam County celebration that is scheduled to be held September 14, 3:00-6:00 p.m., at the Sunland Club House. Beautification Award - 2. Beautification Award - Olympic Bank: Olympic Bank Mayor Wiggins read the Olympic Bank Beautification Award, which was accepted by Herbie Bower. Beautification Award - 3. Beautification Award - Frugal's Restaurant: Frugal's Restaurant No one was present to accept the Frugal's Restaurant Beautification Award; it will be forwarded to the business owner. WORK SESSION: Vision, Goals and Objectives Statements: Vision, Goals and Manager Quinn indicated the Vision Statement, as well as the current Goals and Objectives Statements Objectives, had been presented to the Council a month ago. He reiterated what had been added to the objectives: 1.) Financial Stability - Diversify revenue sources to the greatest extent possible; 2.) Community Development - Promote citizen & business involvement and responsibility in neighborhood maintenance, safety and improvement programs; and 3.) Community Livability - Rehabilitate neighborhoods through improvements to infrastructure, development of maintenance programs, and enhancing neighborhood aesthetics. He read the Vision Statement, which defines the guiding -1- 5018 CITY COUNCIL MEETING September 2, 2003 WORK SESSION: image of the community and organization, providing a common focus that is credible (Cont'd) and responsive to change. It is intended to serve as a guide for future action and as a motivator to accomplish the Goals and Objectives of the Council. Manager Quinn Vision, Goals and informed the Council that, as the budget is developed, an action plan will be developed Objectives Statements in great detail, listing specific projects to which resources must be devoted for (Cont'd) accomplishment in 2004. Mayor Wiggins felt the Goals and Objectives were very comprehensive and broad. Councilmember Rogers agreed they were comprehensive, but she inquired as to whether they were written for internal versus external use, feeling such a document should be written for and directed to the citizens in a format that could be easily understood. She felt the more comprehensive document could serve as a back-up to a document prepared for the citizens. Manager Quinn agreed that the Goals and Objectives could be re-writteninto amore concise format. Councilman Williams noted there may be a need for more consolidation, particularly due to revenue-related concerns, and he advocated a setting of priorities within the Goals and Objectives. He felt that the established priorities should dictate the spending, as the Goals and Objectives will drive the budget. Councilman Campbell was reluctant to propose changes in the Goals and Objectives that must be carried out by another Council. However, reviewing the past eight years in terms of economic development goals, the City has placed a great deal of effort and resources into its relationship with governmental and other entities regarding economic development. To that end, he suggested the new Council continue those efforts and place specific language in the objectives to actively support the Economic Development Council, the Skills Center and Business Incubator, and Cluster Development Enterprises, along with expanding the City's role in attracting and sustaining private investment, as that will determine whether or not the City is able to deliver the range of services currently being provided. Discussion followed, and the Council agreed by consensus that Councilman Campbell's suggestion should be incorporated into the Goals and Objectives. Concerning the suggestion to create a simplified version of the Goals and Objectives, Manager Quinn offered to work with the members of the Finance Committee in this regard at the same time the budget and the action plan are being addressed. After further discussion, Councilman Headrick moved to accept the Vision, Goals and Objectives Statements in their present form, also incorporating Councilman Campbell's suggestion on economic development support. Councilman Campbell seconded the motion. Councilman Williams indicated he would support the motion; however, he emphasized the need to conduct future discussions on the prioritization of the Goals and Objectives. Councilman Headrick envisioned this process involving the new Councilmembers, and he indicated his motion was based on the assumption that there will be some modifications by the Finance Committee in order to have a more citizen-friendly document. Councilman Braun agreed with the need to set priorities. A vote was taken on the motion, which carried unanimously. LATE ITEMS TO BE Mayor Wiggins added a letter from the Surgeon General regarding fluoride as Agenda PLACED ON THIS OR Item 1.4. He also added the matter of the DNR Allowable Harvest Calculation as FUTURE AGENDAS: Agenda Item1.5. Councilmember Rogers asked to move the Peninsula College Applied Environmental Technologies Center of Excellence from the Information Agenda, as she would be requesting Council action. This was moved to become Agenda Item 1.6. The Intent to Reimburse for Water/Wastewater Utility Revenue Bonds was added as Agenda Item 1.7. A contract for the 15/16 Alley Sewer & Stormwater Project was added as Agenda Item 1.8. An Amendment to the Interlocal Agreement for the Port Angeles International Gateway Transportation Center was added as Agenda Item 1.9. Cathy Lear, 248 Forest Road, was present on behalf of the North Olympic Land Trust. An ex-officio member of the Trust's Board, Ms. Lear extended an invitation to the -2- CITY COUNCIL MEETING 5019 September 2, 2003 LATE ITEMS TO BE Council to attend the 3rd Annual Streamfest at Jim and Robbie Mantooth's property, PLACED ON THIS OR Sunday, September 14, 2003, 1:00 - 5:00p.m. Ms. Lear, assistedby AttorneyKnutson, FUTURE AGENDAS: who is a Land Trust Board member, presented further information on the event and an (Cont'd) associated silent auction for a Logger's Sculpture designed by Duncan McKiernan. Paul Lamoureux, 602 Whidby, had previously submitted information to the Council on the electric utility increase, as well as water concerns. He offered to answer any questions on that information, and he proceeded to make commentaries on behalf of what he had determined to be his neighborhood group that some small businesses will be forced to raise their prices because of the electric rate increase. He felt that any electric rate increase at this time is not warranted. At Mayor Wiggins' request, Director Cutler clarified that the increase recommended was specific to the replacement of low-cost power and that no increase was requested in association with the Bonneville Power Administration. Mr. Lamoureux then referenced the contract award for Centennial Trail fencing, inquiring as to why the City is spending funds outside the City limits. In addition, he felt the different trail names are somewhat confusing. Parks & Recreation Director Connelly responded that the reason for City expenditures on the trail is because the City owns the property east from Rayonier to the Morse Creek bridge. The Purchase and Sale Agreement required the fencing. Mr. Lamoureux cited the $30,000 proposed expenditure for tree trimming, feeling there should be a public offering to anyone who would like to remove the trees for firewood in order to save the tree-trimming expense. Director Cutler indicated the tree-trimming work is being done around high voltage lines for purposes of preventative maintenance. There is a fine balance between responsible pruning and deforesting in the area. Peninsula College Applied Peninsula College Applied Environmental Technologies Center of Excellence: Environmental Councilmember Rogers advised the Council that Economic Development Director Technologies Center of Smith, President Keegan fromPeninsula College, and JimHaguewood, Clallam County Excellence EDC Executive Director, were present to submit information and request action on the Peninsula College Applied Environmental Technologies Center of Excellence. She noted this is a tremendous opportunity for the City to take a position of leadership in gaining the ability to have specific work force development training that benefits the members ofthe communityand complements business needs. She emphasized the need to train the work force and put them to work. Economic Development Director Smith informed the Council of this recently introduced opportunity that directly relates to the City's investment in economic development through the Clallam Networks Program, as well as the Skills Center and Business Incubator. Peninsula College now has a grant opportunity through the Technical and Community College system as a way of leveraging what the City is already doing through a program that would create Centers of Excellence in three or four programs. Tom Keegan, Peninsula College President, summarized a two-year matching grant opportunity through the State Board for Community and Technical Colleges for Centers of Excellence. This grant requires that a local community contribute $100,000 a year for two years, matched each year by $100,000 from the Communityand Technical College Board. In this instance, Peninsula College will add an additional match of $50,000 the first year and $150,000 the second year. With this funding, three new full-time faculty/directors and a lab tech will be acquired and will be directly related to clusters for Natural Resources and Forestry, Marine Trades, and Biotechnology/Health Care. He indicated the certificate programs would be specifically designed for the industry cluster, with articulation between the high schools, Peninsula College programs, and university programs. Research groups will be formulated for the students in support of what the industry clusters are doing. In the meantime, the College will apply for a National Science Foundation grant, and it is expected this effort will be self-supporting after two years due to income from the customized training and student tuition. -3- 5020 CITY COUNCIL MEETING September 2, 2003 Peninsula College Applied Jim Haguewood, Executive Director of the Clallam County Economic Development Environmental Council, discussed the development of the industry clusters, noting the goal of creating Technologies Center of 2,285 new jobs at an average income of $40,000 per year and improving 5,000 existing Excellence (Cont'd) jobs by $5,000 per year by 2007. He indicated there is a relationship between these goals and the grant for the Centers in Excellence. Mr. Haguewood pointed out that industry cluster development is relatively new to the State of Washington, but Clallam County is in the implementation stage, having completed analysis, assessment, and identification of action items. One of the first cluster teams that was purposely put in place was education and training centers of excellence and now, through this statewide initiative, there is an opportunity to raise the level of knowledge, research, innovation, and industry-led training. Mr. Haguewood emphasized that this endeavor directly relates back to the original goals and directly impacts the community. The industries identified earlier for the centers of technology have the highest wage levels of the industries in the community, and the success of this endeavor is critical to the success of industry growth in the community, as it serve as an investment in the infrastructure to support future growth. Councilmember Rogers added that Governor Locke has scheduled his next economic summit for November 2Pt and 22nd and, because of what has been accomplished in Clallam County, she, Jim Haguewood, and Phil Kitchel have been invited to serve on a panel highlighting Clallam County as being the leader of industry development by the cluster process. Discussing how this grant oppommity transitioned to the Council, Councilmember Rogers advocated the commitment of City funding of$10,000 per year for two years. In addition, she and Messrs. Haguewood and Keegan prepared a list of industries that would gain by this effort in order to seek additional funding toward the grant match. The group has received commitments of approximately $50,000 thus far, and Councilmember Rogers opined that public agencies have an opportunity and responsibility to demonstrate leadership in this regard. After further discussion and clarification provided by Councilmember Rogers and Mr. Smith, Manager Quinn indicated that the Rural Economic Development Fund could be used for this purpose. He commended Peninsula College for bringing this opportunity forward. Brief discussion ensued about the possible grant from the Northwest Area Foundation, and Mr. Haguewood clarified that discussions are continuing, with a focus being narrowed down at this time. Councilman Campbell moved to approve the $10,000 commitmentin each of the next two years for establishing the Centers for Excellence at Peninsula College. The motion was seconded by Councilman I-Ieadriek. After supportive commentaries from the Councilmembers, a vote was taken on the motion, which carried unanimously. Break Mayor Wiggins recessed the meeting for a break at 7:17 p.m. to honor the intrepid Bailey Range explorers, Manager Quinn, Attorney Knutson, and Fire Chief McKeen. The meeting reconvened at 7:39 p.m. PUBLIC HEARINGS - Street Vacation STV 03-01 - Blake and Ferrellgas - Portion of 2/3 Alley East of OTHER: Marine Drive: Street Vacation STV 03-01 Councilmember Rogers advised the Council that the street vacation involves a company Blake and Ferrellgas - that is a potential client of hers; she offered to recuse herself from the consideration. Portion of 2/3 Alley East Community Development Director Collins indicatedthat Fred Hill is not involved at of Marine Drive this point. Attorney Knutson stated that the law is somewhat ambiguous as to whether Ordinance No. 3144 street vacations qualify as quasi-judicial items. However, in the past, in the exercise of caution, he has advised Councilmembers in this type of situation to not participate. He further indicated she did not need to leave the room, unless there was an objection to her presence. There was no such objection. Director Collins reviewed the street vacation request subrrdtted by Blake Sand & Gravel and Ferrellgas, indicating the area has been used as a utility access but has -4- CITY COUNCIL MEETING 5021 September 2, 2003 PUBLIC HEARINGS - served no public purpose. Only the two property owners wish to have the property OTHER: vacated; the remaining property abutting Unocal will stay open. The vacated area will (Cont'd) allow for business expansion, and both the staff and Planning Commission have recommended approval. Councilman Williams queried as to why the entire right-of- Street Vacation STV 03-01 way wasn't vacated as originally presented to and approved by the Real Estate Blake and Ferrellgas - Committee. He was reluctant to not vacate the entire area, as he felt it likely the right- Portion of 2/3 Alley East of-way would be used as a parking lot. Director Collins provided further clarification, of Marine Drive noting that the City would require a Right-of-Way Use Permit should that type of use Ordinance No. 3144 be planned. He further indicated that, absent a street vacation, the batch plant could (Cont'd) be placed in jeopardy. The property owners were unwilling to purchase property that would not be used. In the ensuing discussion, Director Collins clarified that Blake Sand & Gravel currently has a Right-of-Way Use Permit, and that this vacation would supersede that permit. Mayor Wiggins opened the public hearing at 7:52 p.m. There being no testimony, the public hearing was closed at 7:52 p.m. Mayor Wiggins read the Ordinance by title, entitled ORDINANCE NO. 3144 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of the 2/3 alley between Marine Drive and Tumwater Street. Councilman Braun moved to adopt the Ordinance as read by title, subject to Condition 1 and citing Findings 1 - 11 and Conclusions A - C, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. The motion was seconded by Councilman Campbell and carried unanimously. FINANCE: 1. Reject Bids, Peabody Creek Water Main, Project 02-20: Reject Bids, Peabody Public Works & Utilities Director Cutler reviewed the circumstances of the Peabody Creek Water Main Creek Water Main project being awarded to Vision Builders, who was unable to provide a performance bond that subsequently had to be forfeited to the City. Consideration was given to awarding the contract to the second lowest bidder; however, following further review by the City's consultant, it was recommendeclthat all bids be rejected and the project rebid later this winter for construction in June of 2004. Attorney Knutson explained that a performance bond is a requirement of the contract, and Councilman Williams was hopeful there could be a refund if the contractor showed due diligence in the bid preparation. Deputy Director of Engineering Services Kenworthy responded to Council inquiries that the engineer's estimate was low as well, something that was realized after a comprehensive review of the bids submitted. Following further brief discussion, Councilman Braun moved to reject all remaining bids for Peabody Creek Water Main and authorize staff to rebid the project at a later date. Councilman Iteadrick seconded the motion, which carried unanimously. Award Tree Trimming 2. Award Tree Trimming Contract: Contract Director Cutler informed the Council that only one bid was received for tree trimming, and it should be noted that the cost has increased due to the addition of a flagging person. He indicated he was pleased with Asplundh's past performance forthe City. Councilman Campbell indicated that tree trimming around high voltage lines is a maj or safety issue, and Asplundh has a highly trained staff for this purpose. Accordingly, Councilman Campbell moved to accept the bid of Asplundh Tree Expert Co. for tree trimming services in the amount of $168.99 per hour, not to exceed $30,000.00, and authorize the Mayor to sign the contract. The motion was -5- 5022 CITY COUNCIL MEETING September 2, 2003 Award Tree Trimming seconded by Councilman Braun. Discussion followed with regard to most of the tree Contract (Cont'd) trimming occurring in the right-of-way, and Director Cutler informed the Council that staff works with the abutting property owners so they are aware of the tree-trimming efforts. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: In considering the acceptance of the Consent Agenda, Mayor Wiggins referenced Page 9 of the August 19, 2003, City Council minutes concerning Councilman's Headrick's motion on the UGA Sewer Connection. He queried as to whether the motion was complete and, following further deliberation, it was agreed the motion should also include the language that a Scope of Work should be included in the information to be returned to the Council. Councilman Braun moved to accept the Consent Agenda, to include: 1.) Corrected City Council Minutes of August 19, 2003; 2.) Expenditure Approval List - August 22, 2003 - $433,095.56; 3.) Electronic Payments - August 22, 2003, - $142,104.00; 4.) Final Acceptance, Upgrade of Leachate Pump Station #2, Project 03-02; 5.) Final Acceptance, Front Street Waterline, Project 22-19. The motion was seconded by Councilman Headrick and carried unanimously. CITY COUNCIL Councilmember Erickson reported on a Finance Committee meeting with the State COMMITTEE Auditor at which time the City was found to be adequate for its audit, which is the REPORTS & highest rating that can be received. Manager Quinn, referencing the Council calendar, CALENDAR: indicated the AWC is commencing its regional meetings. It appears that the October 9th meeting in Poulsbo would be the best for attendance by Port Angeles officials. Councilmember Rogers reminded Council of the Governor's upcoming economic summit. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: None. OTHER 1. Lodging Tax Advisory Committee Recommendation Regarding 2OO4 Budget: CONSIDERATIONS: Economic Development Director Smith introduced the recommendation forwarded by Lodging Tax Advisory the Lodging Tax Advisory Committee for the 2004 Budget, a recommendationthat was Committee Recomrnenda- developed by the Port Angeles Chamber of Commerce for tourismpromotion activities. tion - 2004 Budget The budget was developed in a somewhat different fashion than previous years, and Mr. Smith indicated that the Chamber Director, although acknowledging that 2003 revenues are below target, is confident that the lodging situation is improving. Russ Veenema, Chamber of Commerce Executive Director, distributed to the Council a spreadsheet reflecting revenues collected since 2000, as well as occupancy rates since 2002. Mr. Veenema had done a projection of 2004 revenues which were set forth on the second sheet of the handout, which also itemized proposed expenditures for the year, totaling $410,137. He discussed the various categories of funding being proposed, and he felt that, once the final numbers are available, there could be a need to make some minor changes. Councilman Campbell indicated that the Lodging Tax Advisory Committee members had these same numbers in front of them during their deliberations, and they recognized there could be some changes made prior to the final adoption of the budget. Further, he indicated the Chamber of Commerce, as well as the committee members, were aware that spending could not exceed the level of revenues. Councilman Campbell, referencing the past eight years of lodging tax allocations, indicated that the Chamber of Commerce has positioned itself as a leader in making certain the process goes smoothly in terms of allocations to various agencies and the like. This is evidenced by the fact that the City receives very few complaints regarding the activities that have been funded under the auspices of the Chamber. From the perspective of the Lodging Tax Advisory Committee, this program has been working extremely well. Finance -6- CITY COUNCIL MEETING 5023 September 2, 2003 OTHER Director Ziomkowski advised the Council that the 2003 revenues will likely come in CONSIDERATIONS: $20,000 under budget, and it is possible that reserve funds will be used to meet expenses. Responding to a Council inquiry, she indicated that the reserve fund Lodging Tax Advisory currently has a balance of approximately $72,000 - $75,000. Having attended the last Committee Recommenda- meeting of the Lodging Tax Advisory Committee, Councilman Headrick noted there tion-2004Budget(Cont'd) appears to be two schools of thought - one for marketing and the other for infrastructure. Following brief discussion, Councilman Williams moved to accept the recommendation from the City Lodging Tax Advisory Committee for an allocation in the 2004 City Budget of $263,332 from the Lodging Tax Fund as proposed by the Port Angeles Chamber of Commerce, subject to whatever adjustments need to be made in order to avoid a deficit. The motion was seconded by Councilman Braun and carried unanimously. Referencing the allocation of $72,000 in additional marketing funds for 2003, Mr. Veenema shared with the Council a sample postcard to be used, and he played a radio spot as well as a TV ad for the Council's information. Recommendation from 2. Recommendation from Port Angeles Forward Committee Regarding Port Angeles Forward Beautification of Highway 101 Corridors: Executive Cormnittee re. Beautification of Highway Economic Development Director Smith discussed the transition from what was 101 Corridors Downtown Forward to an initiative that is City wide. The Port Angeles Forward Committee has established a mission statement, goals and implementation strategy, most recently focusing on establishing beautification as a high priority in the City, particularly on the Highway 101 corridors within the City limits. Mr. Smith indicated that the committee would like implementation of this endeavorin the 2004 budget in order to leverage support in the community. Pictures of areas needing attention were distributed to the Council, many of which depicted areas that are in the public right-of- way. The committee has acknowledged that such an effort may take 3 - 5 years. The committee is asking for additional resources while, at the same time, seeking support from private property owners, as well as businesses and civic groups, to adopt segments of the entry corridors. Mr. Sm/th informed the Council that, at a meeting this morning of the Port Angeles Business Association, a motion was passed to adopt a section of the Highway 101 corridor coming into town. Leonard Beil has proposed that the Noon Rotary Club participate in this endeavor in a similar fashion. Councilman Williams provided a broad perspective of the representation on the committee and the effort to espouse a more global approach in revitalizing all of Port Angeles. The group would like to initially focus the beautification effort on the east side of town, as well as Lincoln Street. Mayor Wiggins spoke in support of the proposal, and Councilman Williams, directing attention to the photos, addressed the need for the City to focus on the right-of-wayissues. Discussion followed with regard to the need to replace signage at both entries to the City, and Councilman Braun supported a parmership between the City and the businesses on Highway 101 in this beautification effort. Discussion also centered around the City's nuisance ordinance, and consideration was given to the possibility of requiring abutting property owners to maintain the public right-of-way. Attorney Knutson advised the Council that it is allowed to institute such a requirement; however, it may be problematic to select specific portions of the City for enforcement action while, at the same time, excluding other areas. Councilman Williams envisioned offering some type of incentive to encourage support and participation. After further discussion, Councilman Campbell moved to accept the recommendation as presented, that the beautification of the Highway 101 corridors, within the City Limits, be pursued as a high priority during the development and adoption of the 2004 City Budget. Councilman Campbell felt this matter is directly tied to economic development issues. The motion was seconded by Councilmember Rogers. -7- 5024 CITY COUNCIL MEETING September 2, 2003 Recommendation from Leonard Beil, 3721 Park Knoll and Port of Port Angeles Commissioner, indicated that Port Angeles Forward he, too, has been concerned with the entryway to Port Angeles, especially the Albert Executive Committee re. to Vine Street area. He indicated he will be proposing to the Noon Rotary Club that Beautification of Highway a partnership in this effort be fostered with the City for an initial investment and 101 Corridors (Cont'd) ongoing maintenance. Councilman Williams spoke in support of providing City water to the eastern City limits in order to maintain the plantings. Following further brief discussion, a vote was taken on the motion, which carried unanimously. Stormwater Utility 3. Stormwater Utility Formation Discussion: Formation Discussion Councilmember Erickson, Chair of the Utility Advisory Committee, opened discussion concerning the possible implementation of a Stormwater Utility. At the committee's request, staff had submitted a list of projects that could be addressed should such a utility be formed. Councilmember Rogers advocated taking steps toward the resolution of the stormwater problems and to have a plan in place to show that the City has been aware of the problems and has taken action. The list of projects submitted has not been prepared in any particular order; it was felt that the residents will understand the value of the endeavor once they see something that has been resolved. Councilmember Rogers posed the question as to whether it was of interest to the Council to consider some sort of stormwater project listing which is in no way related to the adoption of the Western Washington Stormwater Manual. Mayor Wiggins noted a new employee would be needed, and Councilmember Rogers noted there is a difference of opinion on this issue, as it is important to have documentation on the mitigation of the combined sewer overflows as relates to the NPDES permit. She indicated that, understanding the sensitivity of adding more staff but also understanding what is needed in order to properly manage and comply, a staff person was considered as part of the solution to moving the projects forward. Mayor Wiggins wondered if the CSO is a greater issue than flooding, erosion, and economic development and whether it would have to compete with those things. Councilmember Rogers felt that, at some point, everything is affected by water miming downhill. She felt it is a point of discussion as to whether the subject of a utility is broached, as it may be advisable to select a couple of projects on which to initially concentrate. She also noted there is no funding source to accomplish completion of the stormwater-related projects, but she urged the Council to take responsibility to proceed with correcting some of the problems. Noting there is a need for more money, Councilmember Erickson indicated the issue has been brought to the Council to determine if there is any movement toward the creation of a utility. She indicated that some of the projects are high cost with low impact, and others are low cost with high impact. Mayor Wiggins inquired as to the time line involved, and Director Cutler felt the issue is being driven by things that have not been accomplished in the past. He identified pertinent issues, such as the compliance requirements of the NPDES Phase II for stormwater, which is something most likely the City will be looked at in 2004 or beyond. He explained that it is unknown whether Port Angeles will fit the criteria for requiring a permit. Director Cutler indicated that a number of the projects identified are real problems being dealt with at the present time, some of which will require action, such as the CSO's. The City must get down to one event per year at each location by 2015. In addition, the City is looking at the stormwater plan to determine which projects will provide the best return on investment. Director Cutler indicated there some administrative funds reflected in the list, as well as funding for one-half employee as it is felt an individual can work partially on stormwater and partially on CSO's. He noted the need for staff to be able to manage the consultants and seek permitting in order to put the projects together. Discussion followed, and Councilman Williams addressed the flooding problems on the south side of town, expressing interest in hiring a consultant to initially start the -8- CITY COUNCIL MEETING 5025 September 2, 2003 Stormwater Utility projects. He was not particularly supportive of adding staff, and he suggested the Formation Discussion possibility ora temporary surcharge for stormwater mitigation. Councilman Headrick (Cont'd) also expressed concern with adding staff, and he suggested getting work started and accumulating funds for capital expenditures only. He could not envision the public accepting a new tax that would result in increased staffing. Further, Councilman Headrick felt information should be gathered from other cities that have started stormwater utilities, as much could be gained from their experiences. Councilmember Erickson understood the person to be hired would be an engineer, but Councilman Headrick noted that, even if an employee is added, the City would still need to hire a consultant. Director Cutler provided clarification in that he didn't envision such a staff member administering the program as was discussed in the past. In the process of managing a consultant, it takes a great deal of effort to ensure the consultant's work is meeting the City's needs and requirements. He felt the one-half man year would be the minimumto be put towards this endeavor. If the Council were to direct him to proceed with the current staff, he would need to inform the Council what cannot be accomplished in other project areas, as current projects are slipping. Mayor Wiggins referenced the previous consideration of a stormwater utility wherein the major concern was related to the Stormwater Manual. He felt this is a specific, project-oriented endeavor, which is much closer to what he felt the Council should be addressing at this stage. Director Cutler indicated that, also in the earlier consideration, a stormwater manager was being suggested. The current projected budget, in comparison to the budget proposed at that time, focuses on capital projects. In order to make the public aware of current projects, there has been an increase in signage throughout town to publicize the projects being accomplished by the City. Councilmember Rogers addressed a question raised by the Mayor on budget issues, indicating the purpose of this evening's discussion was intended to garner a sense of direction from the Council for further discussion at the Utility Advisory Committee level. Councilmember Erickson felt this issue should be returned to the UAC and the Budget Committee with the idea that projects would be addressed within the realm of the current budget. It was agreed by consensus that the matter would be returned to the Utility Advisory Committee, concurrent with budget considerations, for the formulation of a stormwater utility recommendation to be brought back to the Council. Letter from Surgeon 4. Letter from Surgeon General Re. Fluoride: General re. Fluoride Mayor Wiggins referenced a letter sent to Dr. Scott Kennedy, Olympic Medical Center, from the Surgeon General's Office. Mayor Wiggins read from the letter that "the interest of Port Angeles City to fluoridate its water supply is commendable and is consistent with sound public health practice." He indicated he would provide the Councilmembers with copies of the letter, as well as a copy of a pamphlet entitled, A National Call to Act~'on to Promote Oral Health. DNR Allowable Harvest 5. DNR Allowable Harvest Calculation: Calculation ~ . Mayor Wiggins advised the Council that the DNR is in the final stages of calculations for what the timber harvest will be for this area. He indicated he would be preparing · a recommendation fo~ the Council's consideratipn, as the timber harvest will have a significant impact on the economy. Peninsula College Centers 6. Peninsula College Centers of Excellence: of Excellence This issue was addressed earlier in the agenda. Intent to Reimburse for 7. Intent to Reimburse for Water/Wastewater Utility Revenue Bonds: Water/Wastewater Utility Revenue Bonds Finance Director Ziomkowski explained that, in order to protect the tax-exempt status Resolution No. 9-03 of the forthcoming Water and Wastewater Utility Revenue Bonds, a Resolution must -9- 5026 CITY COUNCIL MEETING September 2, 2003 Intent to Reimburse for be passed, stating the intent to reimburse for certain capital project costs incurred prior Water/Wastewater Utility to the issuance of the bonds. She clarified the costs specific to this issue are land Revenue Bonds acquisition, construction, and equipment purchases. Mayor Wiggins read the Resolution No. 9-03 Resolution by title, entitled (Cont'd) RESOLUTION NO. 9-03 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the City's intent to reimburse certain capital expenditures of the water and wastewater utility with proceeds of tax exempt debt to be incurred by the City. Councilman Williams moved to pass the Resolution as read by title. Councilman Campbell seconded the motion, which carried unanimously. Contract for 15/16 Alley 8. Contract for 15/16 Alley Sewer & Stormwater: Sewer & Stormwater Director Cutler summarized the need to repair a failing sewer line and address stormwater issues in the 15/16 alley between "A" and "B" Streets. Two bids were received for this project, which was included in the budget. Councilman Williams moved to award the contract for the 15/16 alley sewer and stormwater work, Project No. 02-23, to Kuehan Construction of Port Angeles and authorize the Mayor to sign the contract in the amount of $35,684.81. Councilman Braun seconded the motion, which carried unanimously. Amendment to Interlocal 9. Amendment to Interlocal Agreement for Port Angeles International Gateway Agreement for Port Transportation Center: Angeles International Gateway Transportation Director Cutler advised the Council that, in view of the recent change to the Center composition of the Gateway Review Committee, adding the ferry operators, it will be necessary to amend the Interlocal Agreement to clarify that revision. Councilman Campbell moved to approve Amendment No. 1 to the Interloeal Agreement for Port Angeles International Gateway Transportation Center and authorize the Mayor to sign the amendment. The motion was seconded by Councilman Williams and carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: No discussion was held on the Information Agenda. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 9:55 p.m. to discuss an item of Real Estate for approximately 15 minutes. RETURN TO OPEN The meeting returned to Open Session at 10:13 p.m., at which time Councilman , SESSION: Headrick moved to purchase property owned by~l~; il~fr~k~la~t~,)t 709 South Valley ~rd~ej~at an asking price of $92,000,n~itlgllW~o~h'OlyitYOYc Land Trust funding~/~rt-"~ofthe purchase and the City providing appr~imately $ ~2,~¢ from the funds received from the Alaska Tanker oil spill fine. The motion was seconded by Councilman Williams and carried unanimously. ADJOURNMENT: Thc meeting was adjourned at 10:20 p.m. ,~ Glenn Wiggins, Mayor B~-cky J.--lJl~t~ Ci(9~lerk /- --- - 10- Exhibit "A" 5027 RECOMMENDED CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STV 03-01 - BLAKE etal: Condition: 1. A 10-foot easement shall be retained along the south portion of the alley for utility purposes. Findings: 1. Petitions requesting vacation of that portion of unused right,of-way located east of Marine Drive identified as a portion of "A" Street abutting Block 97, TPA not previously vacated by Ordinance #573 in 1917 and a portion of the 2/3 alley abutting Lots 1-20, Block 97 TPA were received on June 2, 2003~ from Blake Sand & Gravel : and Ferrellgas, Inc. The Blake petition was later amended by letter received August 11, 2003, reducing the area requested for vacation by Mr. Blake such that the total area petitioned for vacation is that portion of the 2/3 Alley abutting Lots I -6 and 15 - 20 Block 97, Townsite of Port Angeles. 2. Three property owners (Blake Sand & Gravel, Ferrellgas, Inc., and Unocal) own property abutting the subject fight-of-way sought for vacation which was petitioned for vacation by two of the three owners. Per RCW 35.79.010, two thirds of the owners of property in an area may request vacation and comprise a valid request for such vacation. Unocal, does not wish to acquire any of the right-of-way (see letter dated July 8, 2003). 3. The area is .zoned 1/-I, Industrial Heavy. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Element Industrial Goals and Policies Goal G; Land Use Element Commercial Goals and Policies Goals D and H, and Policies D.3, and H.4.; and Transportation Element Goal B were found to be relevant to the proposal. 5. The City of Port Angeles' Real Estate Committee met on June 30, 2003, and · established the value of the unopened right-of-way at $5.50 per square foot. Under the original petition, 10,637 square feet of area was requested. The amended petition reduces the area to a total area of 6,000 square feet for a total value of $33,000. 6. There is no potential for the proposed fight-of-way to become a through street as it provides access only to. the Blake and Ferrellgas properties and terminates directly east of the Ferrellgas site at Tumwater Creek. An overhead power line is located in the fight-of-way which will be undergrounded by the property owners as a result of the vacation process. 5028 STV 03-01 Findings and Conclusions 7. The most eastern portion of the subject fight-of-way terminates at Tumwater Creek. Subsequent development of the area that includes Tumwater Creek or any portion of the marine bluff south of the alley will require review under the City's Environmentally Sensitive Areas Ordinance due to the proximity of either Tumwater Creek or the marine bluff south of Third Street in this location. Development within the Creek corridor will require a 75-foot buffer setback fi.om the Creek. 8. The vacating of a street is categorically exempt fi.om a State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrati-ve Code. 9. The site was posted for a land use action and required publication appeared in the Peninsula Daily News on July 7, 2003. 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on July 23, 2003, and continued the public heating to August 27, 2003. On August 27, 2003, a revised petition was considered by the Planning Commission for consideration of a reduced vacation area. 11. At its July 15, 2003, regular meeting, the Port Angeles City 'Council established a public hearing date for action on the street vacation petition as September 2, 2003. Conclusions: I . A. Traffic patterns on surrounding streets will not be negatively impacted bY the vacation. In fact, the flow of traffic to and from the Blake site will be improved with the ability to utilize a second improved ingress/egress point by way of Third Street which will be improved by the abutting property owner for access in consolidation of the site. B. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically: Land Use Element Industrial Goals and Policies Goal G; Land Use Element Commercial Goals and Policies Goal D and H and Policies D.3 and H.4; and Transportation E1ement Goat B. C. The street vacation is in the public interest as it places unused right-of-way on the tax roles and allows for the retention and expansion of existing businesses in the area. Adopted by the Port Angeles City Council at its meeting of September 2, 2003. Becky J. l~to~'] City-Ct~rk- - T:~FO RMS~F&Cblakestv.wpd