Loading...
HomeMy WebLinkAboutMinutes 09/06/2005 5702 CITY COUNCIL MEETING Port Angeles, Washington September 6, 2005 CALL TO ORDER - Mayor Headrick called the regular meeting of the Po~t Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Munro, Piths, Rogers, and Williams. Members Absent: Councilmember Erickson. Staff Present: Manager Qunin, Attorney Bloor, Clerk Upton, G. Cutler, M. Madsen, D. McKeen, T. Riepe, Y. Ziomkowski, D Bellamente, and L. Dunbar. Public Present: P. Lamonreux, C. Kidd, N. Johaunesen, P. Sanders, and B. Wharton. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Rogers. ALLEGIANCE: PRESENTATIONS, 1. Garden Club Proclamation: CEREMONIAL MATTERS & Mayor Headrick read a proclamation honoring the 70® Anniversary of the Port Angeles PROCLAMATIONS: Garden Club. The proclamation was accepted by Gricta Sieg, Garden Club President, who was accompanicdby Club membersKarenAgcc, Harriet Angulo,Mary Flo Brace, Garden Club Proclamation Shirley Cruthcrs, Karen Coles, Bernice Cook, KAtty Byrne, Manrccn Conniff, Kathy DcBenedettc, Dorothy DcLand, Jessica Grabte, Eilccn Herrling, Nikki Hum, Esther Kriesel, Lou Lawrence, Valerie Morgenstern, Florence Nienkc, Linda Nuttcr, Mary Lun Paulson, Catherine Rowland, Jody Rush, Norma Stcinbachcr, Shirley Stenger, and LouAnn Yager. Assisted Living 2. ,4ssisted Living Proclamation: Proclamation Mayor Head.rick read a proclamation declaring the week of September 11 - 17, 2005, as National Assisted Living Week. Senior Games Week 3. Senior Games Week Proclamation: Proclamation Mayor Headrick read a proclamation declaring thc wcck of September 11 - 18, 2005, as Port Angeles Senior Games Week. Senior Center Supervisor D Bcllamente, who was joined by Senior Center members, accepted the proclamation and presented information relative to the various events scheduled throughout thc week. Race Equality Week 4. Race Equality Week: Mayor Headrick read a proclamation declaring the week of September 26 - 30, 2005, as Race Equality Week. The proclamation was accepted by Reverend Charlie Mays, Chair of the CommunityMultiCul~ural Alliance, and Maria Pefia, an Alliance member, -1- 5703 CITY COUNCIL MEETING September 6, 2005 Race Equality Week both ofwhomexpressed words of appreciation. Reverend Mays extended an invitation (Cont'd) to the play, Haleys Comet, featuring actor John Amos, on November 11, 2005. WORK SESSION: None. LATE ITEMS TO BE Councilmember Braun asked for discussion concerning the City's Emergency Response PLACED ON THIS OR Plan, which was added as Agenda Item 1.2. FUTURE AGENDAS & PUBLIC COMMENT: Manager Quima added the extension of a real estate purchase contract for DelGuzzi property as Agenda Item E.9., and a Resolution supporting an 1AC grant application as Agenda Item G.2. He noted an informational item regarding two Port Angeles Firefighters who were deployed to New Orleans to assist the Hurricane victims. In addition, he announced that the Lunderville Street Vacation hearing had been postponed at the applicant's request. Paul Lamoureux, 602 Whidby, addressed the Council on why an LID was not formed for the Park/Campbell improvements, the consultant costs related to the Cedar Sn'eet wall repairs, and the purchase ora new Sedan. Manager Quinn, Director Cutler, and Fire ChiefMcKeen responded to various facets of Mr. Lamoureux' commentaries and questions. Peter Ripley, 114 E. 6th, #102, addressed the need for sidewalks on Cedar Hill, and he expressed the need for a statute requiring safety flags on powered wheelchairs. Director Cutler advised Mr. Ripley that a sidewalk design was included in the Cedar Street project as an alternate. Cherie Kidd, 101 E. l0® Street, thanked the Council for its support of the Skate Park. FINANCE: 1. Park/Campbell Improvements, Project 04-04 & 05-12, Change Order #l: Park/Campbell Director Cutler presented information on a Change Order for the Park/Campbell Improvements Improvements Project related to two additions not in the originalproject scope, as well as unanticipated conditions encountered during construction. Following discussion, Councilmember Rogers moved to approve and authorize the City Manager to sign Contract Change Order No. 1 for Projects 04-04 and 05-12 in the estimated amount of $106,000 including applicable taxes. The motion was seconded by Councilmember Braun and carried unanimously. City Pier Improvements 2. City Pier Improvements, Project 03-18: Director Cutler summarized bids received to repair or replace failing support pilings and cross bracing on the City Pier. Alternate bids were also received for replacement of fender pilings to further protect the integrity of the pier. In describing the pictures that showed pier damage, Director Cuter noted that the bids were below the engineer's estimate, so he recommended proceeding with the fender pilings. He revie~ved proposed funding sources for the additional work. Following discussion, Councilmember Pittis moved to award and authorize the Mayor to sign the contract for the Port Angeles Municipal Pier Repairs, Project 03-18, to American Construction of Everett, Washington, in the base bid amount of $287,791 and alternate 1 bid amount of $146,421 for a total bid amount of $434,212 and, further, that staff prepare a report for the additional funding of $190,000 to be reviewed by the Finance Committee and then submitted to the City Council for approval. The motion was seconded by Councilmember Williams and carried unanimously. Break Mayor Headrick recessed the meeting for a break at 7:15 p.m. The meeting reconvened at 7:30 p.m. -2- CITY COUNCIL MEETING 5704 September 6, 2005 PUBLIC HEARINGS - 1. Electric Rate Adjustment: OTHER: Director Cutler reminded the Council that the public hearing on the electric rate Electric Rate Adjusttnent adjnslment was held on August 16, 2005, and continued to this meeting. He recommended that the public hearing be held and closed this evening, and that the matter be continued to September 20, 2005, pending the receipt of a firm commitment on the Bonneville Power Administration's rates which may result in a lesser increase to the Port Angeles rates. Mayor Headdck re-openedthe public hearing at 7:31 p.m. Tammy Ratliff, 50 Benson Road, inquired as to whether thc proposed rate increase was on the horizon two - three months ago; Director Cutler responded with information about the recently completed cost of service study. It was also noted by Councilmember Rogers 'that the City knew of Bonneville' s upcoming rate increase, but the amount was unknown. Councilmember Williams added that the P.U.D. would also be impacted by the rate increase from Bonneville. Penny Sanders, 839 W. 5th Street, a new resident in the area, took note of other increases being instituted at a time when the community is dealing with increased costs of fuel, and she asked that consideration be given to phasing in the electric rate increase over a two-year period. In view of other utility increases proposed by the City, Ms. Sanders felt there could be a negative impact on the community,particularly for those on fixed income. Director Cutler provided a summary of past increases in that there was no increase in electric rates this past year, no increase in sewer rates for the past three years, and no increase in solid waste for the past eleven years. Following Director Curler's provision of further information, Director Ziornkowskireviewed the City's inability to increase property tax. Paul Lamoureux, 602 Whidby, felt it important to cut out extras in order to support primary services, and he compared the proposed increase for Port Angeles to increases on the part of the Bonneville Power Administration, as well as Puget Sound Energy. Discussion then centered around the artificially low rates because of the use of reserves, acceptable levels for reserves, and the fact that the proposed increase is not intended to fund the reserves. Staffwas asked to look at the reserve issue, and Director Cutler indicated the matter would be considered by the Utility Advisory Cornnnttee. Tammy Ratliff returned to the podium to discuss alternate sources of power, and discussion was generated on the hydroelectric facility on Morse Creek, the City's discount for solar energy, andthe net metering program. Ms. Ratliffposed questions to the Council and staff, and Director Cutler invited Ms. Ratliff to meet with him fu~her on the matter. There being no further public testimony, Mayor Headrick closed the public hearing at 8:17 p.m. Solid Waste Rate 2. Solid Waste Rate Adjustment: Adjustment Director Cutler reviewed the completion of a financial analysis of the Solid Waste Utility rates in 2004, at which time the Council approved a 5% rate increase for 2005 and asked that staff study the need for an increase in 2006. He noted that, upon further review, staffis recommending an adjustment to solid waste ratesin order to maintain the fund in a financially prudent position. Power Resources Manager Dunbar, aided by PowerPoint slides, reviewed a summary ofinformationpreviously provided on revenue requirements, the rate review conducted by staff, and the proposed rate adjustments for 2006. Discussion ensued concerning the possibility of pick-up every other week, as well as the need for a comparison of Pon Angeles rates to other municipalities. Consideration was also given to the possibility -3- 5705 CITY COUNCIL MEETING September 6, 2005 Solid Waste Rate of unbundling certain aspects of the utility bills, especially for people who are Adjustment (Cont'd) interested in how their money was spent. Mayor Headrick opened the public hearing at 8:35 p.m. Betsy Wharton, 3207 S. Maple, urged the City to move as quickly as possible in crediting residents for waste reduction practices. She inqtftred as to whether the City could save money on its new contract with a lower amount of waste, to which Director Cutler responded a/Tm-natively and provided further information. Peter W~pley, 114 E. 6t~, #102, addressed the matter of citizens dumping garbage in other resident's trash cans, an action that is illegal as noted by Police ChiefRiepe. Mr. Ripley felt the rate increase was unavoidable, and Councilmember Rogers reminded everyone present that the closure of the Landfill has been mandated to the City. Tammy Rafliff, 50 Benson Road, referencing the area in the Western UGA that was recently annexed, inquired as to when trash would be collected by the City in that area. Director Cutler explained the City cannot provide solid waste services for seven years, and the current provider must be given proper notice. There being no further public testimony at this time, Mayor Headrick continued the public hearing to September 20, 2005. Medic I Utility 3. Medic I Utility: Fire Chief McKeen made a presentation to the Council regarcFmg the proposed restructtLring of the Medic I Utility, to include related rate modifications, all of which were prompted by a Washington State Supreme Court ruling that a fiat monthly ambulance fee was invalid. With PowerPoint slides, Chief McKeen provided a background of Medic I services, funding alternatives, and the recommendafi on to create a utility to meet the intent of the Supreme Court Ruling. ChiefMcKeen summarized work accomplished with the State Legislature, re-a/Ttrmmg the City's ability to create an ambulance utility and to set rates accordingly. He discussed efforts toward increased education and training and provided detail as to the allocation of costs in terms of availability and demand, providing a synopsis of impact to the City's budget as relates to revenue distribution. Chief McKeen also provided projected rate information for the various user classifications, noting that rates charged would reflect an exemption for persons who are Medicaid eligible. ChiefMcKeen thanked Attorney Bloor and Director Ziomkowski for significant effort in assisting with the restructuring proposal, after which Councilmember Braun offered kudos to ChiefMcKeen for the considerable effort in working with the Legislature and formulating the Ambulance Utility proposal. Discussion ensued, and ChiefMcKeen and Attorney Bhior provided additional information relative to the proposal and the background of the legal challenge that precipitated the issue. Mayor Headrick opened the public hearing at 9:25 p.m. Tammy Ratliff, 50 Benson Road, felt that the method of funding the Ambulance Utility was quite reasonable, as an EMS levy would be problematic. She was impressed with efforts toward increased training and education, feeling it would eliminate unnecessary calls. There being no further public testimony at this time, Mayor Headrick continued the public hearing to September 20, 2005. Break Mayor Headrick recessed the meeting for a break at 9:28 p.m. The meeting re, convened at 9:44 p.m. -4- CITY COUNCIL MEETING 5706 September 6, 2005 FINANCE: 4. Milbor Pita Consultant Agreement Amendment- Cedar Street Wall Repairs : (Cont'd) The matter of the consultant agreement for services related to the Cedar Street wall Milbor Pita Consultant repairs was discussed earlier in the meeting, so Councilmember Pittis moved to Agreement Amendment approve and authorize the Mayor to sign Amendment No. 1 to the Agreement for Professional Services with Milbor-Pita, Inc., in the amount not to exceed $41,500, for a total contract amount not to exceed $73,600. Councilmember Braun seconded the motion, which carried unanimously. Reject Bid - Sedan 5. Reject Bid - Sedan Purchase: Purchase Director Cutler discussed bids received for a four-door sedan, all of which came in higher than the amount budgeted. It was, therefore, reconmaended that the vehicle be authorized for purchase through the State Procurement Office. Following brief discussion, Councilmember Braun moved to reject bids for Contract 05-19 and authorize the City Manager to issue a purchase order for a Ford Taurus Sedan through the State Procurement Office. The motion was seconded by Councilmember Munro and carried unanimously. CONSENT AGENDA: CouncilmemberBraunmovedtoaccepttheConsentAgenda, toinclude: 1.) City Council minutes of regular meeting of August 16 and special meeting of August 23, 2005; 2.) Expenditure report - August 26, 2005 - $923,585.10; 3.) Travel Request for Public Works & Utilities Director; 4.) Consent to Renewal of Sublease - Nippon Paper / Tesoro Refining & Marketing; 5.) Industrial Water Line Repairs, Project 05-09; 6.) Tree-trimming Contract; 7.) 2005-2006 Updated High School Resource Officer Agreement with P.A. School District #121; 8.) Interlocal Agreement: City - Clallam Transit System; and 9.) Extension of Closing Date for Real Estate Contract on DelGuzzi Property. The motion was seconded by Councilmember Rogers and carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: RESOLUTIONS: 1. Set Hearing for Farmer's Market Conditional Use Permit (CUP) Extension Appeal: Set Hearing for Farmer's Market Conditional Use Attorney Blour informed the Council that a date would need to be set for the Council Permit (CUP) Extension to hear a closed record appeal on the Farmer's Market Conditional Use Permit (CUP) Appeal Extension. He discussed the Council's role in the hearing, as well as the likely protocol Resolution No. 16-05 to be followed, and the date of Friday, October 7, 2005, was suggested for the hearing. Accordingly, Attorney Bloor suggested that each party may file a brief in support of its own position on or before September 16, 2005; each party may file a brief in response to a brief of another party on or before September 23, 2005; and each paO:y may file a reply brief on or before September 30, 2005. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 16-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington setting a hearing date of October 7, 2005, to consider Farmer's Market appeals. Councilmember Williams moved to pass the Resolution as read by title. Councilmember Braun seconded the motion, which carried unanimously. -5- 5707 CITY COUNCIL MEETING September 6, 2005 Resolution Supporting 2. Resolution Supporting lnteragency Committee (IA C) for Outdoor Recreation Interagency Committee Grant Application: (IAC) for Outdoor Recreation Grant After receiving a brief summary of the grant application proposed for submission to the Application IAC for the City's project to extend the Olympic Discovery Trail to the west, Mayor Resolution No. 17-05 Headrick read the Resolution by title, entitled RESOLUTION NO. 17-05 A RESOLUTION of the City Council of the City of Port Angeles, Washmgton, authorizing application(s) for funding assistance for a Nonhighway and Off-Road Vehicles Activities Program (NOVA) project to the Interagency Committee for Outdoor Recreation (IA.C) as provided in Chapter 46.09 RCW Nonhighway and Off-Road Vehicles Activities Program. Counciimember Williams moved to pass the Resolution as read by title. The motion was seconded by Councilmember Pittis and carried unanimously. ORDINANCES NOT Amendment to Section 16.08.050 (Subdivision) Port Angeles Municipal Code (PAMC) REQUIRING PUBLIC with Regard to Final Plat Approval: HEARINGS: Community & Economic Development Director Madsen provided a smnmary of the Amendment to Port proposal to amend the Port Angeles Municipal Code for the purpose of streamlining Angeles Municipal Code the final subdivision approval process by eliminating the review by the Pla~ming with Regard to Final Plat Commission. He noted that the proposal was heard by the Planning comrmssion in a Approval public hearing, and a recommendation for approval was forwarded to the Council. Ordinance No. 3214 In considering the proposed amendment, Councilmember Pittis felt timing was of the essence in making this improvement. Therefore, Councilmember Pittis moved to waive the normal rule regarding the adoption of Ordinances. Councilmember Williams seconded the motion, which carried unanimously. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3214 AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's procedure for final plat approval and amending Chapter 16.08 of the Port Angeles Municipal Code. Couneilmember Braun moved to adopt the Ordinance as read by title, citing Findings 1 - 6 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 Couneilmember Williams. Following briefdiscnssion, with Betsy Wharton sharing her perspective of the change as a member of the Planning Commission, a vote was taken on the motion, which carried unanimously. OTHER 1. Emergency Response Plan: CONSIDERATIONS: ChiefMcKeen reviewed efforts to update the Comprehensive Emergency Management Emergency Response Plan Plan in the recent past in order to make it consistent with County and State plans. He discussed how cr/tical functions are accomplished no matter what type of emergency has occurred, and he suggested that the Plan be reviewed by the Health and Safbty Committee. Chief Riepe spoke to the importance of individual preparedness on the part of the citizens. Councilmember Pittis stressed the importance of providing instructions to the residents on their role during an emergency. Discussion followed. CITY COUNCIL MEETING 5708 September 6, 2005 Initiative and Referendum 2. Initiative and Referendum: Due to the lateness of the hour, it was agreed that the Initiative and Referendum discussion would be conducted as a work session at the September 20, 2005, City Council meeting. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Manager Quinn and Chief McKeen informed the Council of the deployment of two firefighters under the auspices of FEMA to assist the victims of Hurricane Katrina. Manager Quinn forewarned the Council of the possible need to call a special meeting in the near future to address the coordination of projects at the Landfill site and to consider an agreement with the Park Service. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for approximately 25 minutes for two items of litigation and one item of potential litigation under the authority of RCW 42.30.110(i). No actiun was anticipated. The Executive Session convened at 10:45 p.m. and, at 11:10 p.m., the meeting was extended to 11:20 p.m. by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 11:20 p.m., and the Council convened in regular SESSION: open session. No action was taken. ADJOURNMENT: The meeting was adjourned at 11:20~.m.__ R~chard A. Headrick, M~yWOf' ' Becky J. 0pt~ City'Clerk - 1~ -7- 5709 FIND1NGS AND CONCLUSIONS IN SUPPORT OF THE AMENDMENT TO SECTION 16.08.050 (SUBDIVISION) PORT ANGELES MUNICIPAL CODE - FINAL PLAT APPROVAL Findings: 1. Local land use application processing procedures were reviewed with regard to a state wide Regulatory Reform Act (Act), which was imposed in an effort to cause streamlining of land use permit processing in 1996. The main requirement of the legislation was to ensure that only one public heating is allowed for quasi judicial proceedings and what hearing body would be responsible for that action. Local application procedures were categorized as being either administrative, quasi judicial, or legislative with existing review processes either accepted or amended to ensure compliance with the Act's guidelines. The City's revised procedures are identified in Section 18.02 PAMC. 2. The State Subdivision Regulations are found in 58.17 RCW and prescribe specific procedures and time lines for processing subdivision applications. 3. A preliminary subdivision must be reviewed by the planning commission with final approval by the legislative body - the City Council. Preliminary approval amounts to the subdivision being approved pending fulfillment of specific conditions of approval. Once preliminarily approved, neither the City nor members of the public have the ability to change or amend the subdivision approval without consent of the applicant. 4. City staff and a member of the public have noted that the review of final subdivision applications by the planning commission is not required by state law and, in nearly every case, causes staff to fall short of accomplishing the review process within the 30 day time limit prescribed in RCW 58.17.140. A minor amendment removing a review procedure by the planning commission will allow the prescribed time line to be consistently met. 5. Cities that have established a planning commission or planning agency, in accordance with state law, shall provide that such commission or agency review all preliminary plats and forward a recommendation of action to the City's legislative body. Practice within the City of Port Angeles is for the planning agency (staff) and the planning commission to forward a recommendation to the City Council for preliminary subdivision action to ensure a thorough public review process. The Planning Commission's review shall be at a public meeting. Final preliminary approval of a subdivision shall be at a public hearing before the City Council. 6. A final plat meeting all requirements and conditions of preliminary approval must be submitted within 5 years of preliminary approval to the City's legislative body. RCW 58.17.140 provides that final plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of final filing unless the applicant agrees to an extension of time. Plats may not be finaled until all conditions of preliminary approval have been completed and approved by an agency with jurisdiction. 5710 Conclusions: A. Although review by the planning commission is considered to be a necessary component of thorough preliminary subdivision review in the City of Port Angeles, final subdivision action on the part of the approving agency involves compliance with thc conditions of preliminary approval which can be adequately done by staff with a report to the legislative body (City Council) for final action. This will enable the swift processing of final subdivisions which will be in compliance with the City's policies on customer service and response and with the State's legislation of regulatory reform. B. The elimination of final subdivision review by the planning commission will result in the continued streamlining of land use processing by enabling the processing time lines prescribed in RCW 58.17.140 to be consistently met. C. The Municipal Code Amendment as proposed is in the public interest and is in compliance with regulatory reform legislation and RCW 58.17. ~i t~P~ Angeles City Council at its meeting of September 6, 2005 R~chard A. Headrick, Mayor B~cky J. Up~n,~ttty Clerk ~'- '