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HomeMy WebLinkAboutMinutes 09/03/2002 4743 CITY COUNCIL MEETING Port Angeles, Washington September 3, 2002 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams [arrived at 6:30 p.m.]. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, T. McCabe, D. Miller, G. Kenworthy, T. Kaufmarm, and K. Ridout. Public Present: A. Harrison, L. Lee, T. Bickel, G. Gleason, P. Lamoureux, T. Price, A. Bentley, L. Rasmussen, E. Chadd, L. Nutter, T. LaRosa, B. Kitchens, S. Forde, L. Perry, D. Maguire, J. Canlahil, M. Peck, L. Costello, and I. McKeown. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Rogers. ALLEGIANCE: PUBLIC CEREMONIES, 1. Award to Re/Max Real Estate for Outstanding Participation in PRESENTATIONS AND Beautification Program PROCLAMATIONS: Mayor Wiggins presented the Beautification Award to Michelle Barnard, Re/Max Real Award to Re/Max Real Estate. Estate for Beautification Program Proclamation to Port 2. Proclamation to Port Angeles 16-U Babe Ruth Girls Angeles 16-U Babe Ruth Girls Following Mayor Wiggins' reading of the proclamation, each member of the team intxoduced herself. Members include: Cammie Fors, Kristen Allen, Jerma Koon, Jenna Houston, Liz Dryer, Stacy Romero, Britney Senf, Audry Chard, Brit Brodhun, Sara gussell, Ashley Sofie, Mackenzie Larson, Nicole Wood, and Coaches Jim Bussell, Duffy Fors, and Darrell Chard. Coach Jim Bussell accepted the award on behalf of the team members, who captured fourth place at the World Series in Greenville, North Carolina. The girls then presented Mayor Wiggins with a signed ball which the Mayor had thrown at their first game at the State Tournament. A similar ball was then presented to Councilman Braun, who threw the first ball at the Regional Tournament. Jim Lunt then presented tournament hats tO the Councilmembers as a thank you for the City's support of the team over the years. -1- 4744 CITY COUNCIL MEETING September 3, 2002 Super Playground 3. Super Playground Presentation Presentation Steve Methner, fund-raising co-chair for the Port Angeles Community Dream Playground, described the 12,000 sq. ft. playground to be built by volunteers at Erickson Park the week of September 11-15, 2002. Mr. Methner thanked all involved in the project, noting that more than $110,000 of the projected $135,000 has been raised thus far toward the project. Ann Marie Sommers, treasurer for the effort and a Kiwanis member, also expressed appreciation for the support provided. Mr. Methner mentioned the $1,000 personal donation from Mutsu City Mayor Sugiyama, the proceeds from which will be used for a dragon slide as a sponsorship piece. WORK SESSION: None. LATE ITEMS TO BE Paul Lamoureux, 602 Whidby, referencing a letter he had sent to the Council, addressed PLACED ON THIS OR the matter of the sales tax issue being placed on the September ballot. He clarified his FUTURE AGENDAS: letter to the Council and told a story to emphasize the point that those with less money ultimately commit to spend less. He felt that the good people of the community should not be penalized for the actions of others by having to pay increased jail costs. FINANCE: 1. City of Tacoma Interlocal Joint Purchasing Agreement City of Tacoma Interlocal Public Works & Utilities Director Cutler briefly described the agreement, something Joint Purchasing that was requested by the City of Tacoma. He indicated that Port Angeles has entered Agreement into many other similar agreements, as this is a common purchasing tool between cities. Councilman Campbell moved to approve the Joint Purchasing Agreement with the City of Tacoma and authorize the City Manager to sign the Agreement. Councilman Braun seconded the motion, which carried unanimously. Curbside Recycling 2. Curbside Recycling Contract Contract Director Cutler summarized the proposed amendment to the Waste Management Northwest contract for recycling collection, noting the best value for the City would be to extend the services to the closure of the Landfill. Following brief discussion, Councilman Braun moved to authorize the Mayor to sign the Second Amendment to the Waste Management Northwest Contract for recycling collection services to coincide with the closure of the Port Angeles Landfill, not later than December 31, 2006. Councilmember Rogers seconded the motion, which carried unanimously. Terry Bickel, District Manager for Waste Management Northwest, thanked the Council for the vote and announced that Waste Management would donate $1,000 towards the completion of the Super Playground at Erickson Park. Award Light Operations 3. Award Light Operations Warehouse Mezzanine Construction Contract Warehouse Mezzanine Construction Contract Director Cutler summarized the construction necessary, after which discussion was held concerning the long-term plans for the building. Director Cutler indicated that Light Operations will be moved out of the downtown area when it is cost effective. There are, however, no plans in the short term to make any significant moves. Councilman Campbell moved to award and authorize the Mayor to sign a contract in the amount of $39,089.41 to Harrison Equipment of Kent, WA, for the Mezzanine Construction Project 22-08. The motion was seconded by Councilman Braun and carried unanimously. CONSENT AGENDA: Community Development Director Collins referenced the City Council minutes of August 20, 2002, Page 4, second paragraph, asking to add the word "some", as follows: "Director Collins responded that 600 square foot signs would be allowed where there are some 300 square foot signs...". Councilmember Rogers moved to accept the -2- CITY COUNCIL MEETING 4745 September 3, 2002 CONSENT AGENDA: Consent Agenda, to include: 1) City Council Minutes - August 20, 2002 regular (Cont'd) meeting with change; 2) Check Register - August 27, 2002 - $640,689.73; 3) Electronic Payments - August 10, 2002 - $142,104.00; and 4) Household Hazardous Waste Amnesty Days Agreement. Councilman Campbell seconded the motion, which carried unanimously. CITY COUNCIL Councilmember Rogers attended the Retailers Task Force meeting on increasing local COMMITTEE sales. Councilman Williams noted he was unable to obtain the meeting specifics in REPORTS: order to attend the Medical Mitigation meeting regarding the Hood Canal Bridge repair work. Councilman Headrick and Police ChiefRiepe appeared on a talk show regarding the 1/10th of one percent tax increase. Councilmember Rogers indicated the Chamber of Commerce will be addressing the matter of the sales tax increase at its upcoming meeting. ORDINANCES NOT Municipal Code Amendments - MCA Ol-02B REQUIRING PUBLIC HEARINGS: Community Development Director Collins advised the Council that, as a follow-up to the prior Council meeting at which time staff was directed to proceed with revisions to Municipal Code the four draft ordinances, the following schedule has been proposed: Title 16 Amendments- MCA 01- Subdivision Ordinances and Title 17 Zoning Code would be scheduled for the 02B September 17, 2002, Council meeting; Chapter 14.36 Sign Code would be scheduled for the October 1, 2002, meeting; and Chapter 14.40 Parking Ordinance would be scheduled for a December, 2002, meeting. Director Collins noted that the parking regulations will require more research, and it was his recommendation that this particular matter be returned to the Planning Commission for consideration, plus it is recommended that a public hearing be conducted on the parking revisions. Discussion followed on how to proceed on these matters, after which Councilmember Rogers moved to approve the above schedule, including a new public hearing on the completely revised Parking Ordinance. Councilman Braun seconded the motion. Manager Quinn assured the Council that, in the interim, staff would be mindful of the proposed changes as they may apply to upcoming projects. This led to discussion on some of the proposed changes in the parking regulations and how they may affect current projects underway, such as the conference center. RESOLUTIONS: None. OTHER Port Angeles Ford Dealership Easement CONSIDERATIONS: Director Cutler reviewed the easement request, which was followed by discussion Port Angeles Ford concerning the $175.00 fee associated with the easement. Councilman Campbell Dealership Easement moved to authorize the Mayor to sign an easement which grants Port Angeles Ford Request a permanent sanitary sewer easement across City-owned property (Easterly 5' of the south 65' Lot 11, Block 16 PSCC) for installation of a sewer line to discharge vehicle wash wastewater to the City's sanitary sewer. Councilman Williams seconded the motion, which carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - 1. Street Vacation - STV 02-01: YMCA Portion of 374 Alley OTHER: Director Collins reviewed the request for a street vacation, noting that the YMCA would Street Vacation - STV 02- not be able to expand on their site in the absence of the vacation. He indicated the alley 01: YMCA Portion of 3/4 would not be permanently closed without further review from the Fire Department and Alley Public Works & Utilities, as access must still be retained for emergency vehicles. -3- 4746 CITY COUNCIL MEETING September 3, 2002 PUBLIC HEARINGS- Mayor Wiggins opened the public hearing at 7:03 p.m. Councilmember Rogers OTHER: informed the Council that she owns property in that particular area, and she would not (Cont'd) be participating in this consideration. She inquired if she should leave the room, and Attorney Knutson responded that it would be acceptable for her to not participate but Street Vacation - STV 02- that she need not leave the room unless someone were to object. There were no 01: YMCA Portion of 3/4 objections. There was no public testimony, and Mayor Wiggins closed the public Alley (Cont'd) hearing at 7:03 p.m. Further discussion ensued regarding possible construction in this specific area which might result in ingress/egress problems for emergency vehicles. Additionally, it was pointed out that the legal description in the proposed ordinance may need to be clarified. Attorney Knutson added that the ordinance should incorporate any conditions approved by the Council, so the ordinance would be corrected in that area as well. Councilman Headrick moved to continue the matter to the next Council meeting of September 17, 2002, in order for staff to review the ordinance language. Councilman Williams seconded the motion, which passed 6-0, with Councilmember Rogers abstaining from the vote. Street Vacation - STV 02- 2. Street Vacation - STV 02-02: DNR Cherry Street North of Front Street 02: DNR Cherry Street North of Front Street Director Collins informed the Council that he and Attorney Knutson have been working with the Attorney General's Office and the Department of Natural Resources on this particular street vacation as relates to the matter of an exchange for like value. It would, therefore, be appropriate to continue this matter. Mayor Wiggins opened the public heating at 7:15 p.m. Jack Glaubert advised the Council that, in view of Director Collins' comments, he would urge the Council to proceed cautiously with this issue. He supported the decision to continue this matter until the exchange is clarified. There being no further public testimony, Mayor Wiggins closed the public hearing at 7:16 p.m. Councilman Williams moved to continue the matter to the next Council meeting of September 17, 2002. Councilman Campbell seconded the motion, which carried unanimously. Break Mayor Wiggins recessed the meeting for a break at 7:17 p.m. The meeting reconvened at 7:35 p.m. Presentation of Stormwater 3. Presentation of Stormwater Management Plan and Ordinance Management Plan and Ordinance Director Cutler gave a PowerPoint presentation on the proposed implementation of a Stormwater Utility. The implementation of such a utility has been a major goal of the City Council and, based on Council direction, the process for the plan has thus far included the development of a draft ordinance, public outreach, UAC meetings and discussions, and the public hearing this evening on the proposed ordinance. In reviewing the need for the Stormwater Management Plan, Director Cutler illustrated the long-standing problems, to include landslides, flooding, and combined sewer overflows. In certain portions of the City, sanitary and stormwater is conveyed in the same piping. In major storm events, the water overflows at approximately five locations into State waters. There is insufficient capacity to handle high flow events. The current program is presently f'manced by wastewater revenues, the Street Fund, and solid waste revenues. Leveraging of funds for a Stormwater Utility could allow the City to pursue additional monies from Public Works Trust Fund loans, Cleanwater Centennial Grants, and Salmon Recovery Program funds. Taking care of stormwater problems would encourage community and economic development by improving land -4- CITY COUNCIL MEETING 4747 September 3, 2002 Presentation of Stormwater values and sharing in costly improvements. Management Plan and Ordinance (Cont'd) Issues that have been the most controversial are those involving unfunded regulatory mandates, including the Endangered Species Act, the Clean Water Act, and the 2001 Storm Water Management Manual for Western Washington. With regard to the ESA, limited actions have been taken to conform, yet the possibility remains for potential third-party lawsuits. Other areas of concern involve the Phase II permitting for municipalities and the upcoming review by the Department of Ecology with the potential subsequent adoption of the Manual or its equivalent. The six key elements of the permit include public education and outreach, public participation/involvement, illicit discharge detection and elimination, construction site runoff, post construction runoff, and pollution prevention/good housekeeping. The Storm Water Management Manual for Western Washington essentially provides guidance for controlling quantity and quality water controls produced by development and redevelopment, yet it does not delve deeply into development standards or location. Many agencies-local, state, and federal-will utilize the manual for permitting purposes. The Best Management Practices portion of the manual covers the controls of adverse impact and the prevention or reduced release of pollutants' adverse impacts to Washington State waters with schedules, prohibitions, maintenance, and structural and/or managerial practices. It also includes source control, treatment control, and flow control. Requirement to use the manual could come from ESA by NMFS or USFWS, federal permits, state permits, and the Puget Sound Water Quality Management Plan. Director Cutler discussed the comparison of implementation costs from the DOE cost study, and he focused on the 1-acre commercial development without infiltration. In this scenario, the cost between the 1992 and the 2001 Stormwater Manual is estimated at 1290%. Director Cutler went on to explain that various alternatives were not explored to reduce costs. Director Cutler also explained the highlights of the proposed ordinance: the enterprise fund; the commencement fee as of January 1, 2003; the City facilities included; exemptions; rate reductions; billing; and discounts. He added that, as written, the ordinance does not adopt the Storm Water Management Manual. Comparison was made between the current stormwater program and the proposed stormwater utility budget. Additions and managerial functions were also presented. Rate structure development and billing features were presented to be equitable, practical, acceptable, implementable, and revenue sufficient. In reviewing cost projections, Councilman Braun inquired about the potential for an increase in the $3 monthly charge per unit. Director Cutler responded that being issued an NPDES permit would be a deciding factor on how aggressively the issue of stormwater was handled. Director Cutler closed by addressing the public concerns in the creation of a stormwater utihty, major discussions within the UAC, and the benefits of the utility. Mayor Wiggins opened the public hearing at 8:50 p.m. Barbara Kitchens, representing the Port Angeles Association of Realtors, challenged Councilmembers to look closely at the State's Stormwater Manual, as within the first 100 pages are 23 references which state that the Manual doesn't do anything for the City. Ms. Kitchens referenced several disclosure statements which state compliance is not guaranteed with any Federal, State or local regulation, and that there is no certainty that the manual complies with the ESA requirements. In addition, there is a statement indicating it is not required that the manual be adopted Per her discussion with Representative Kelly Linville, who was Chairman of the Agricultural & Ecology Department, Ms. Linville's committee instructed the Department of Ecology not to promote the manual as it was a guiding tool only and not to be adopted as a principle -5- 4748 CITY COUNCIL MEETING September 3, 2002 Presentation of Stormwater instrument. She also stated that the manual is triggered with re-model projects, so if a Management Plan and citizen has 2,000 sq. fi. of lawn and wants to Iay sod, the requirements of the manual Ordinance (Cont'd) state that the property will have to be brought up to current stormwater regulations which will cost around $40,000. She also stated that the author of the manual, Ed O'Brien, publically admitted that it is not mandatory to adopt the manual. Ms. Kitchens expressed the opinion that, if the City were to adopt the manual, the City would risk losing businesses to the County and the City of Sequim by virtue of the $570,000 expense associated with the stormwater plan. She spoke of a 23-page guide how to address the issues of all the federal, state, and local requirements in a simple 5-step process. It was her conviction that something of this nature artificially drives up property taxes, el/m/nates affordable homes, and dr/yes small bus/nesses out of the community. Tom Marzullo, 823 W. 16t~ St., identified the flooded property from Director Cutler's presentation as his own property and stated that it is flooded over four months in a year. Since he has been informed by the City that it will not fix this problem, it is difficult to understand why he should pay a fee to help the City fix its problems. He referred to his published statement supporting the stormwater project; therefore, he would pay the $3.00 fee if the City would correct his drainage problem. Allan Harrison, 1834 E. Lauridsen, thanked Director Cutler for a very informative presentation and asked of the Council, after reviewing the applicable EPA regulations, why the City has to do the Stormwater Utility. It does not seem to be a requirement, and if the City proceeds, then the future of the City is being placed in the hands of the EPA and the DOE, thus saying the City is ready to be regulated. He added that presently his sewer costs are nearly as high as his taxes for public education; if his water and sewer costs are combined, it equals 160% of education taxes. Everyone wants a good environment, good education, good roads, good police, good judicial systems, but there is not unlimited money. $3.00 does not sound like very much money, but once in the system, what will stop the need for additional funding which can only come from raising this fee. It was Mr. Harrison's opinion that if this ordinance is adopted, the $3.00 fee will go up significantly. He asked Council not to jump the gun on this matter. Ed Chadd, 307 W. 6t~ Street, stated that he would be happy to pay the monthly fee, or twice the monthly fee. He felt most people are concerned about the adoption of the Manual, but he felt that issue should be put aside with the focus being placed on what the $3.00 fee would cover. Years ago, large fish used to live within surrounding waters, and he would like to see this happen again. It is worth $3.00 a month to him. Gary Gleason, 2211E. 7th Avenue, urged the Council to institute a stormwater program. Because of his work with Streamkeepers of Clallam County, he has had access to some of the water quality data. Mr. Gleason shared some of the test results with the Council specifically relating to Peabody and Valley creeks, many of which start with excellent scores, but as tests are taken down stream in areas subject to storm water, the ratings become very poor. Mr. Gleason mentioned other water sources and their respective tests and the impact of stormwater flowing into these streams. He closed by complimenting the City on its efforts to enact a strong stormwater management program which will bring the City in compliance with the Clean Water Act, but it will also help prevent illnesses from water-borne diseases, the movement of shellfish from Dungeness Bay, and from the fear of welcoming tourists to Port Angeles but cautioning them not to go near the water. Tom LaRosa, 1839 W. 62 Street, stated that when the City implements a fee and not a tax, it is not subject to the will of the people. The fee can be raised at the discretion of the fee-raiser and has nothing to do with the taxation of the people; therefore, it doesn't have to be ruled by them in any form. As far as the fish and other creatures in the streams, it was his belief that the Fisheries Department is handling that problem. Mr. -6- ~ ............... 1TIll CITY COUNCIL MEETING 4749 September 3, 2002 Presentation of Stormwater LaRosa indicated that, if the City were to create this entity, then it has created a Management Plan and bureaucracy that will have to be fed and, like a monster, it will get bigger. The $3.00 Ordinance (Cont'd) fee sounds small right now, but it will not stay $3.00; it will continue to rise. Mr. LaRosa did not see any benefit to the City at this time. Paul Lamoureux, 602 Whidby, questioned ifa Stormwater Utility is a requirement for something that isn't needed or if it was the desire of the City for the benefit of the citizens of Port Angeles. With the assumption this would be accepted, he asked if there is an appeals process when the ordinance is enforced. Director Cutler responded that an appeal can be made by November 15*h of the year prior to the determination of the ESUs. Attorney Knutson added that if and when the Storm Water Manual becomes effective, the City would first revise the urban services standards and make any changes to the manual necessary based on site-specific situations within the City. The City's Urban Services Standards Ordinance does contain an appeal provision to the City Manager for specific developments. Mr. Lamoureux inquired about the exact amount for seniors and low-income citizens. Director Cutler stated that this information is available at the counter at City Hall. The current rules in effect would carry over to include the stormwater fees. Mr. Lamoureux also questioned the need for ditch cleaning. Direct Cutler explained that many areas exist within the City that require this attention. Ed Chadd, 307 W. 6% agreeing with many of Mr. Lamoureux's comments, felt that problems exist because houses and businesses were constructed and attention was not paid to stormwater concerns long before this. To say that the $3.00 fee is a burden is really nothing more than what all citizens should have done in the beginning. He sees the stormwater issue as a step back to the right path. Linda Nutter, 1701 E. 3fa, broached several issues with the proposed ordinance. She asked for more defmitive descriptions in section 13.63.080, specifically regarding the definition of impervious areas, lawns, agricultural areas, and landscaped areas. Regarding exceptions and businesses retaining their own stormwater, how, she asked, would this affect the homeowners or individual property owners to design homes that could retain their own stormwater, e.g. rain gardens. Ms. Nutter felt the City needs to look at what could be done to encourage homeowners to participate, and if that were done, perhaps the rates would not rise as rapidly. Jim Reed, property owner in Port Angeles, began by stating that he was not required to put a stormwater system in, but he did. If the new regulation is put in place, he will not be able to build on another lot because it will be too expensive. As a builder, he has put in dry wells specifically to control rainwater. But if the manual is adopted, building anything becomes virtually prohibitive because of the costs involved. He is in favor of the stormwater plan, but this manual does not need to be adopted. A common sense approach would be more acceptable. Ida McKeown, 2510 W. 10t~, a board member of the North Peninsula Building Association, suggested that Council thoroughly research the issue and not jump in and accept a state ordinance or manual that could be binding on an area that is economically challenged. There is a need to balance the utopian view of others with the reality of life for many of the citizens of Port Angeles. Peter Ripley asked that the City not create another stumbling block for businesses. He spoke in favor of developing a stormwater plan that works, but he indicated he would not favor~one th, at, hampers business. -7- 4750 CITY COUNCIL MEETING September 3, 2002 Presentation of Stormwater Tad Price, 111 W. 12~, thanked Director Cutler for the time spent in preparing and Management Plan and presenting the information and, in reference to Mr. Marzullo's position, stated that if the Ordinance (Cont'd) City needs more revenue and manpower to take care of these problems, he felt it was a good idea. No matter what program is put in place, Mr. Price indicated the fish would never return to previous levels, because the earth is dynamic and is constantly changing. The Council, he felt, should look at fixing stormwater problems as part of providing service to the citizens, but the pipedream of bringing all the salmon back is not going to happen. Lora Costello, 1108 E. 7th Street, thanked Director Cutler for the wonderful presentation and asked for clarification on pg. 15 of the presentation regarding regulating construction activities. If he was referring to the Department of Ecology changing their clearing/grading ordinance from five or more acres down to one or more acres, this means that no matter where a business locates, if over one acre in size, there would have to be a stormwater plan in place. Director Cutler responded that it was his understanding that if one acre is disturbed, a NPDES permit would be required from the Department of Ecology. She stated that she is proud of Port Angeles for taking such a pro-active stance in trying to assess the stormwater fee and to correct problems from the past. Allan Bentley, 610 Milwaukee Drive, stated that he had been in favor of the ordinance, but in view of what he has learned, he felt it wise to wait and revisit the issue after more study. He mentioned the EPA's six principles to be adopted throughout the country and the additional principles by the DOE and the Puget Sound Water Commission which are more restrictive and which are not mentioned in the manual. Tom Marzullo returned to the podium, inquiring as to the cost of wages. Director Cutler, referring to his presentation, restated the breakdown of expenditures. Paul Lamoureux returned to the podium and indicated that, if the program is not necessary, then the City should implement its own program without the Stormwater Manual referenced this evening. At 10:00 p.m., there being no further testimony, the Mayor inquired as to the proposal to continue the public hearing. Therefore, Councilman Williams moved to continue the public hearing to the September 17, 2002, Council meeting. Councilman Headrick seconded the motion, which carried unanimously. INFORMATION: Manager Quinn mentioned the OPS Award Luncheon on September 5 at the Veto Burton Center and the September 23rd Council and Port Commission meeting. Councilman Braun announced the Ice Skating Facihty meeting on September 16, 2002, at the Vern Burton Center. Director Cutler stated that the contractors will be putting up the bridge on the Rayonier Trail Wednesday, September 4, 2002. Volunteers will also assist in adding decking and railing. The Trail should open later this month. EXECUTIVE SESSION: None. ADJOURNMENT: The meeting adjourned at 10:10 p.m. -8-