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HomeMy WebLinkAboutMinutes 09/16/2008 e CALL TO ORDER- SPECIAL MEETING: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURN SPECIAL MEETING: CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: e 6313 CITY COUNCIL MEETING Port Angeles, Washington September 16, 2008 Mayor Braun called the special meeting ofthe Port Angeles City Council to order at 4:00 p.m. Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive Session for approximately 2 hours, with no action to follow, under the authority ofRCW 42.30.11O(1)(b), to consider the acquisition of real estate; RCW 42.30.110(1)(1), to discuss with legal counsel representing the agency matters relating to potential litigation; RCW 42.30. 110 (1)(g), to evaluate the qualifications of an applicant for public employment or to review the performance of a public employee; and RCW 42.30.140(4)(b), planning or adopting the strategy or position to be taken by the governing body during the course of negotiations. The Executive Session convened at 4:00 p.m. The Executive Session concluded at 6:00 p.m., and the Council convened in regular open session. No action was taken. The special meeting was adjourned at 6:00 p.m. Mayor Braun called the regular meeting ofthe Port Angeles City Council to order at 6:02 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers and Williams. Members Absent: None. Staff Present: Interim Manager Osterman, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, N. West, L. Kheriaty, S. Sperr, M. Puntenney, L. Dunbar, and T. Pierce. Public Present: E. Tuttle, L. Lohr, P. Lamoureux, and K. Wahto. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Di Guilio. Ed Tuttle distributed what was deemed to be an inappropriate document to the Council. Mayor Braun declared him out of order, stating the Council would 'not accept the document and would not tolerate the bashing of Council, staff, or the public. Patricia Graham, 1503 E. 3'd Street, addressed the Council on the effects of fluoride on thyroid function. She distributed a document to the Council, which indicated that fluoride exposure may result in hypothyroidism. Ms. Graham stated her unhappiness with fluoridated water, something that was done without her consent. Paul Lamoureux, 602 Whidby, referenced the Council agenda item having to do with - 1 - I 6314 CITY COUNCIL MEETING September 16,2008 PUBLIC COMMENT: (Cont'd) PUBLIC CEREMONIES/ PRESENT A nONS: Introduction of Karen Gustin, Superintendent, Olympic National Park WORK SESSION: United Way Mid-Year Report Revision of Council Rules/ Public Comment public comment, and he distributed a document reflecting his input for a language change in the Council Rules of Procedure. Mr. Lamoureux questioned costs on watermain break repairs, costs of the consulting agreement with the former City Manager, and reiterated the importance of meeting infrastructure needs as opposed to citizen wants. e 1. Introduction of Karen Gustin, Superintendent, Olympic National Park: Mayor Braun invited Olympic National Park Superintendent Karen Gustin to the podium. Ms. Gustin provided some of her personal background and indicated the community had been most wel~oming upon her arrival as the new Superintendent. She stated she was looking forward to working with the City. 1. United Way Mid-Year Report: Jody Moss, United Way Executive Director, thanked the Council for its support, indicating the funds have provided critical services for 8,755 individuals, 7,000 of whom reside in the Port Angeles area. Ms. Moss addressed the benefits received by the City's focus on prevention, itemizing some of the outcome. Ms. Moss urged the Council to preserve this funding. Kathy Wahto, Serenity House, discussed the use of City funding in support of Evergreen Family Village. She spoke of the 66 children served by the child care center and the dramatic increase in the number of children as more families are being served. Ms. Wahto indicated the basic need of families is for quality child care while the parents are attending school in an effort to get jobs and get back on their feet. She advised the Council that 96% of families who were served in shelters or transition housing are now in permanent housing. Nita Lynn, Director of the First Step Family Support Center, distributed informational materials to the Council, thanking the Council for its support of the drop-in center over the years. She indicated the funds work to meet the basic needs of Port Angeles families, especially those with small children. She referenced one of the books distributed, noting that each child is given a copy so they can begin to build their own personal library. Ms. Lynn provided a synopsis of services provided because of City funding, noting there is an average of 400 children served per month. 2. Revision of Council Rules / Public Comment: Attorney Bloor indicated that, in the past, the Council has discussed how to handle the public comment portion of the agenda in terms of when it should be held, as well as the scope. The issue before the Council this evening is related more to the scope, and Attorney Bloor had provided some alternative language that would more appropriately recognize the legitimate limits on public comment. If action is desired, he indicated it would be appropriate for the Council to pass a Resolution that could be brought back to another meeting. Discussion ensued, and the suggestion was made that the language also involve limits on applause, booing, and hissing. It was pointed out that many city councils in the State don't even have a public comment period. Individual members ofthe Council expressed their personal preferences on the wording to be incorporated into a Resolution, and many supported the language in Option #3, which was read aloud by Councilmember Di Guilio for the benefit of the audience. Councilmember Di Guilio moved to direct Attorney Bloor to prepare a Resolution incorporating Option #3 as presented. The motion was seconded by Councilmember Perry. Following further brief discussion, a vote was taken on the motion, which carried 6 - 0, with Councilmember Rogers abstaining. e - 2 - e LA TE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Emergency Declaration Resolution No. 14-08 Break PUBLIC HEARINGS - OTHER: Water & Wastewater Cost of Service Studies Ordinance Nos. 3337, 3338,3339,3340,3341, 3342 e CITY COUNCIL MEETING September 16, 2008 6315 There were no late items added to the agenda. None. 1. Emergency Declaration: Public Works & Utilities Director Cutler addressed the September 8th watermain break on Highway 101 in the vicinity of Walgreen's and the Chestnut Cottage Restaurant. There was a need to do repairs under emergency conditions, so the City Manager signed a declaration authorizing staff to move forward. It is necessary for the Council to ratify that action by passing a Resolution. Director Cutler showed slides of the watermain break, and discussion followed with appreciation being expressed to the Water Department for the quick response. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 14-08 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring a state of emergency and authorizing the exercise of emergency powers for repair of Highway 101 caused by the rupture ofa 12 inch water main. Deputy Mayor Wharton moved to pass the Resolution as read by title. Councilmember Kidd seconded the motion, which carried unanimously. Mayor Braun recessed the meeting for a break at 6:52 p.m. The meeting reconvened at 7:04 p.m. 1. Water & Wastewater Cost of Service Studies: Deputy Director of Power Systems Dunbar used PowerPoint slides to review from the last meeting the current and proposed water and wastewater rates and fees. He summarized the fees that will be phased in every year to 2011, as well as proposed changes to System Development Charges for both the water and sewer systems. Director Cutler added that representatives of the Lower Elwha Tribe attended the Utility Advisory Committee meeting, at which time they indicated there was no obj ection on their part to the proposed fees. Deputy Director Dunbar reviewed public comments submitted, and he provided responses to each. Discussion ensued on the suggestion to increase the wastewater base of 430 cu. ft. to 800 cu. ft. in the interest of encouraging conservation; however, it was pointed out that most of the City's customers fall below 430 cu. ft. Discussion also focused on the Morse Creek waterline easements that were granted. Those customers were given a flat rate, and the City is attempting to provide an incentive for water conservation. Staff responded to other questions raised by the Council. Mayor Braun continued the public hearing at 7:43 p.m. Piml Lamoureux, 602 Whidby, restated his understanding of the proposed water rate structure. Director Cutler clarified there is a flat rate based on water meter size, and he explained the variables based on cubic feet used. Deputy Director Dunbar clarified that 430 cu. ft. only relates to the wastewater utility. There being no further public testimony, Mayor Braun closed the public hearing at 7:52 p.m. Mayor Braun conducted a second reading of the Ordinances by title, entitled - 3 - 6j16 CITY COUNCIL MEETING September 16, 2008 PUBLIC HEARINGS - OTHER: (Cont'd) Water & Wastewater Cost of Service Studies Ordinance Nos. 3337, 3338,3339,3340,3341, 3342 (Cont'd) ORDINANCE NO. 3337 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter a 3.70 of the Port Angeles Municipal Code relating to Public Works and _ Utilities Department fees and deposits. Councilmember Perry moved to adopt the Ordinance as read by title. The motion was seconded by Deputy Mayor Wharton and carried 6 - 1, with Councilmember Kidd voting in opposition. She stated her opposition to the current cost of street cuts, as they are excessive. ORDINANCE NO. 3338 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 5.80 of the Port Angeles Municipal Code relating to Public Utility Tax. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. Councilmember Perry seconded the motion, which carried 6 - 1, with Councilmember Kidd voting in opposition. ORDINANCE NO. 3339 AN ORDINANCE of the City ofPort Angeles, Washington, revising Chapter 13.32 of the Port Angeles Municipal Code relating to Public Works and Utilities Department water service connection charges and Chapter 13.40 of the Port Angeles Municipal Code relating to water meters. Councilmember Di Guilio moved to adopt the Ordinance as read by title. The motion was seconded by Deputy Mayor Wharton and carried unanimously. ORDINANCE NO. 3340 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.44 of the Port Angeles Municipal Code relating to Water Rates. Councilmember Perry moved to adopt the Ordinance as read by title. Deputy Mayor Wharton seconded the motion, which carried 6 - 1, with Councilmember Kidd voting in opposition. ORDINANCE NO. 3341 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.65 of the Port Angeles Municipal Code relating to Wastewater Service. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Perry and carried unanimously. ORDINANCE NO. 3342 AN ORDINANCE of the City ofPort Angeles, Washington, revising Chapter 13.69 of the Port Angeles Municipal Code relating to Water and Sewer System Development Charges. Councilmember Di Guilio moved to adopt the Ordinance as read by title. Deputy Mayor Wharton seconded the motion, which carried unanimously. e - 4 - e Port Angeles Municipal Code / Title 17 - Site Coverage , .. ~I~ . PUBLIC HEARINGS - QUASI-JUDICIAL: OTHER CONSIDERATIONS: Automatic Response Agreement with Clallam County Fire District #2 FINANCE: CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: e " ,I CITY COUNCIL MEETING September 16, 2008,~ 6317 2. Port Angeles Municipal Code / Title 17 - Site Coverage: .....,--:- Director of Community & Economic Development West reviewed proposed amendments to Title 17 in conjunction with the City's National Pollution Discharge Elimination System (NPDES) Phase II Permit. The amendments incorporate site coverage for all residential and two commercial zones that have residential character. Director West summarized the quick reference chart that included lot coverage currently allowed, lot coverage proposed, and site coverage proposed. He used PowerPoint slides to further explain examples of site coverage, which includes buildings, driveways, and sidewalks, adding that each zone has a different site coverage allowed. Director West detailed the proposal to lift the limitation to focus development in medium and high density zones to create more of an urban core, such as by encouraging parking under the building. He reviewed the requirement for the City to implement low impact techniques to limit ~stormwater created bYc:ievelop,ment. on site and credits that can be obtained by the developer for creatirig affo;dable housing in the community. All of the caps can be exceeded with low impact or natural drainage to allow natural filtration of drainage on site. The Planning Commission held a public hearing and recommended approval. Discussion followed, with Director West responding to questions posed by the Council. Mayor Braun opened the public hearing at 8:13 p.m. There being no public testimony, he closed the public hearing at 8: 13 p.m. He conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Title 17 of the Port Angeles Municipal Code relating to Zoning. None. 1. Automatic Response Agreement with Clallam County Fire District #2: Councilmember Di Guilio moved to move the Automatic Response Agreement to the Consent Agenda. The motion was seconded by Councilmember Perry and carried unanimously. None. Councilmember Perry moved to accept the Consent Agenda, to include: 1.) City Council Special Meeting Minutes of August 27 and 28, 2008, and Regular Meeting Minutes of September 2,2008; 2.) Expenditure Approval List from 8/23/08 to 9/5/08 for $1,859,213.42; 3.) Solid Waste Rates - Set Public Hearing for October 7,2008; 4.) Agreement with Tacoma Community College; 5.) Sex Offender Address & Residency Verification Program; 6.) Approve Apprenticeship Program Memorandum of Agreement with Snohomish PUD; and 7.) Automatic Response Agreement with Clallam County Fire District #2. Deputy Mayor Wharton seconded the motion, which carried unanimously. Councilmember Perry reported on the most recent Community Conversations, feeling it was well attended with good interaction among the participants. Deputy Mayor Wharton reported on her participation in the Puget Sound Partnership and the local leadership team. There is a long process of putting together priority action steps to be incorporated into the Puget Sound area. There will be impacts on the City of Port Angeles, and Deputy Mayor Wharton offered to have a presentation made to the Council on the Puget Sound Partnership. The Council agreed by consensus to have such a - 5 - 6318 CITY COUNCIL MEETING September 16,2008 CITY COUNCIL COMMITTEE REPORTS: (Cont'd) INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: presentation at a future meeting. Mayor Braun read a statement on behalf of Paul Cronauer for the Grand Opening of the Landing Mall. e Interim Manager Osterman expressed appreciation to the Council for its support. None. The meeting was adjourned at 8:20 p.m. 1J~ ~.~ ~41(~~. Gary Braun, ayor . - 6- e