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HomeMy WebLinkAboutMinutes 09/17/1996 3365 CITY coUNcIL MEETING Port Angeles, Washington September 17, 1996 CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to SPECIAL MEETING: order at 6:30 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, · Doyle, Hulett, McKeown, and Wiggins. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, K. Ridout, and G. Kenworthy. Public Present: G. Lappier, T. McDonald, R. Neske, R. Bradley, F. Taggart, S. McCormick, and J. Stephens. Community Memorial The purpose of the special meeting was to conduct a ceremony placing Leonard Ceremony Beil's name on the City's Community Memorial. ADJOURN SPECIAL The special meeting was adjourned at 7:15 p.m. MEETING: CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:15 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINUTES: September 3, 1996. The motion was seconded by Councilman Hulett and carried unanimously. Councilman Campbell moved to approve the minutes of the special meeting of September 10, 1996. Councilman Doyle seconded the motion, which carried by a majority vote, with Councilmembers McKeown and Hulett abstaining due to absence from the meeting. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: None. CONSENT AGENDA: Councilman Wiggins moved to accept the Consent Agenda, including: (1) Payroll - September 8, 1996 - $357,382.90 and (2) Voucher list - September 17, 1996 - $322,491.54. Councilman Braun seconded the motion, which carried unanimously. ITEMS FROM THE None. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: - 1 - 3366 CITY COUNCIL MEETING September 17, 1996 PUBLIC HEARINGS: Public hearing and cot~ideration of ordinance establishing Local Improvement District (LID) for sewer improventents in Golf Course Road area Establish Local Improvement District Mayor Ostrowski briefly reviewed the memorandum from Public Works pertinent to for Sewer Improvements the proposed formation of a Local Improvement District for sewer improvements in the Golf Course Road area. Gary Kenworthy, City Engineer, referenced the Rone' and Lappier annexations which are located above Golf Course, Melody, and Lindberg Roads. A condition of approval of the two annexations was a 60 % no- protest LID petition for the formation of an LID for water, sewer, and road improvements. Once the annexations were approved, the City commenced work on preliminary engineering to develop the associated costs, after which the City approached the residents through an informal ballot to determine support. The preliminary formation of the LID encompassed support for the sewer in the range of 80% and improvements of Melody Lane in the range of 60 %. However, water improvements, and road improvements to Lindberg, Maddock, and Golf Course Road were not supported. This public hearing is to determine if the residents feel the LID assessment would be proper and if they want to be a part of the LID. Engineer Kenworthy noted that he has prepared a "fall back area" based on the number of protests filed. With the use of the overhead projector, Engineer Kenworthy showed a map of the area proposed for the LID. He noted that most of the residents are currently using septic systems. Mayor Ostrowski opened the public hearing at 7:28 p.m. Henry Heerschap, 37242 42nd Ave. S., Auburn, advised the Council that he owns property on Golf Course Road, and it is mostly a farm and rural setting. He has had no intention of developing the property, and an LID assessment 'of $92,000 would make the property economically unfeasible. Mr. Heerschap emphasized that he was not present to fight the LID but, nevertheless, he talked to a local developer in order to become better informed on the costs. He learned that a sewer line costs $20/foot or $30 on the high side factoring in administrative costs, and the City's figures reflect $100/foot. There is no depth to his property, and the power lines are passing through; he has been told he can have 19 lots developed if he so chooses. Mr. Heerschap felt he should be proud to live on the property and shouldn't have to develop the lots only to justify a $92,000 assessment. He felt the costs were out of line and, if the costs were adjusted equitably, he would have no objection to the LID. Mayor Ostrowski inquired as to whether easements for power lines had been excluded from the assessments. Engineer Kenworthy responded that the projected costs had excluded easements, future road easements, the Bonneville lines, and an area for widening Lindberg Road. He then explained the methodology used in calculating the assessments. Mr. Heerschap continued that his property would involve 12 lots with 75 foot frontage. Not wanting to develop the property, he indicated he would prefer to negotiate a sale of the property to the City for use as a park. Manager Pomeranz inquired of Engineer Kenworthy as to the difference between the figures of $30/foot and $100/foot. Engineer Kenworthy indicated that a figure of $20/lineal foot was used for sewer, plus manholes, cost of easements, and cost of engineering. He noted that the calculations were based on the entire area proposed for inclusion in the LID. John Stephens, 1772 Melody Lane, informed the Council that he has been one of the new owners of the radio station property since August 8. He was surprised to receive notice of this proposed LID, as he had not been informed of this proposal during the purchase of the property. He has a delicate business plan, and a $30,000 assessment will impact that business plan. Referencing the sewer assessment, Mr. Stephens noted this is a commercial property of 5 + acres; it is currently used as the radio broadcasting property with antennas and a ground control plane. He has no intention of using this property for any purpose other than broadcasting. Therefore, he felt an assessment for two sewer hook-ups should be disputed. Mr. Stephens questioned the method of assessment for street improvements to Melody Lane, and he felt he could negatively impact the percentage of properties supporting the improvements. In summary, he indicated his concern for his business and the associated impact of the assessment. Had he known of this LID at the time of his business purchase, he would have protested. When asked by Councilman Doyle if the previous owner had made any mention of the LID in progress, Mr. Stephens responded he had not been informed at all. Councilman Braun asked why Mr. Stephens would be assessed for two lots. Engineer Kenworthy indicated it is because two lots are involved. In spite of the ground plane, there is nothing to preclude Mr. Stephens from moving the ground -2- 3367 September 17, 1996 PUBLIC HEARINGS: plane and developing the second lot at a later time. (Cont'd) Mayor Ostrowski inquired as to the term for an LID, and Engineer Kenworthy Establish Local indicated this,~l~ar[i~l~,~ould be ten years. Manager Pomeranz stated this Improvement District would directly relate irt: tile bond sales, something that has not been determined as for Sewer Improvements yet. Discussion followed concerning the zoning in the area, and Engineer Kenworthy (Cont'd) confirmed the underlying zone is RS-9. Jane Shefler, Attorney with the Law Office of Johnson, Miller & Richardson, was present on behalf of residents Betty Kerrigan and Helen Cooper, both of whom own property within the proposed LID. Ms. Shefler indicated both parties are concerned with the LID. They both participated in the advisory ballot and indicated they were opposed to the formation of the LID. The basis of their concerns is that the assessments outweigh the value of the benefit to the properties, and they will never be able to recoup the investment. Ms. Cooper's assessment would be $10,000/acre for a total of approximately $87,000. Ms. Shefler, with the use of the overhead, showed how the property drops off into a canyon. She indicated both Ms. Kerrigan and Ms. Cooper wish to be excluded from the LID. Councilman Braun asked how much of the referenced property could be considered buildable. Ms. Shefler was uncertain. Councilman Campbell cited the $10,000/acre figure used which would exceed the value of the land. He felt such an investment would not be excessive or beyond the value of prime property in the City, given the infrastructure in place. Councilman Doyle added that if one acre were developed with a mound septic, due to the soils in the area, the cost would likely be close to $10,000. Rick Bradley, a resident on Nancy Lane and owner of property on Woodhaven, indicated he had paid $13,000 for a mound septic system when the property was in the County. He further indicated he had 1 + acres which the County had determined was unbuildable. He must obtain City sewer, so he expressed his support of the LID. Floyd Taggert, 1830 Melody Lane, indicated that he had opposed the annexation. Because of this, he was not informed as to any conditions attached to the annexation. He already receives City water, and any further work on the waterline should be considered normal maintenance, not new infrastructure. Mr. Taggert's road has been very adequate for a number of years. There has never been a problem until the time a developer at the end of the lane began using the road with 50-60 truck trips per day. The street is now beginning to break down. It was the understanding of the Melody Lane residents that any developer of that property would pay for all improvements to Melody Lane. Mr. Taggert felt this is not being accomplished, and he questioned the honesty of the statement regarding 60 % support, as his neighbors are opposed to having Melody Lane developed. There being no further testimony, the public hearing was closed at 7:55 p.m. Engineer Kenworthy cited for the Council the areas represented by those opposing the assessments. He reviewed two different boundary alternatives, which would exclude all or portions of the properties owned by Heerschap, Kerrigan, and Cooper, noting how the assessments would change if the alternatives were adopted. Engineer Kenworthy reiterated that percentages of support quoted represent the assessed valuation of the properties in question. Councilmember McKeown questioned the need to assess for two lots relative to the radio station, and Engineer Kenworthy responded this could be resolved by doing away with the lot line and merging the two lots into one. Lengthy discussion followed, with Engineer Kenworthy offering clarification as to the methodology used in determining the assessments, percentages of support, and percentages of support required for the LID to proceed. The Council received further clarification in that the LID costs do not include the cost of a sewer hookup. However, Director Pittis indicated the City has, in the past, not mandated that residents be hooked up to sewer if they have a functioning septic system approved by the County. The Council directed its attention to the proposed ordinance, and Attorney Knutson indicated there were some issues in the ordinance that bond counsel would like to address. He, therefore, suggested that any action on ordinance adoption be offset to the next meeting. Further, if the Council would like staff to consider specific boundary revisions, the public hearing could be reopened and continued to the next meeting in order to allow further public testimony concerning boundary revisions. In responding to an inquiry from Councilman Wiggins, Attorney Knutson agreed it would be advisable to let the residents know if the City is eliminating properties from the LID, but this would not be a legal requirement. -3- 3368 CITY COUNCIL MEETING September 17, 1996 PUBLIC HEARINGS: Councilman Hulett moved to reopen the publiC hearing and continue the hearing (Cont'd) to the next meeting. The motion was seconded by Councilmember McKeown. Establish Local Director Pittis inquired of the Council if there were any specific instructions Improvement District regarding revised boundaries. The Council agreed that staff should be prepared to for Sewer Improvements discuss the boundary revisions as outlined earlier in the meeting by Engineer (Cont'd) Kenworthy, as well as a revision specifically relating to the radio station property. Manager Pomeranz stated he had heard comments that the process was not legitimate. In his opinion, the City has been very open with the public on this matter. A vote was taken on the motion, which carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings Street Vacation Petition Street Vacation Petition - Lionstone- STV 96(08)04, Portion of Center Street in Lionstone- Illinois Addition (Continued from September 3, 1996for compensation decision) Ordinance No. 2931 Mayor Ostrowski reviewed the information provided by the Planning Department. He reminded the Councilmembers that action on this particular ordinance had been continued pending a recommendation from the Real Estate Committee as to the compensation amount. He read the Ordinance by title, and Councilman Doyle moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Braun. Councilmember McKeown questioned a discrepancy between the referenced Block 17 in the title of the ordinance, as opposed to Block I in the legal description. Attorney Knutson clarified that Block 1 was correct; therefore, the ordinance title needed correction to also read Block 1. Councilmembers Doyle and Braun, as maker and seconder of the motion, agreed to the ordinance correction. Mayor Ostrowski read the corrected Ordinance by title, entitled ORDINANCE NO. 2931 AN ORDINANCE of the City of Port Angeles vacating a portion of Center Street in Block 1, Illinois Addition, Port Angeles, Washington. A vote was taken on the motion, which carried unanimously. Councilman Doyle, as a member of the Real Estate Committee, advised the Councilmembers that he had agreed to the compensation amount based on a 1995 vacation across the street which was compensated at the same level. He expressed uncertainty as to the reason for fifty percent compensation, and Attorney Knutson indicated a change in the law could be offered through the Association of Washington Cities if so desired. Attorney Knutson informed the Mayor that it would be advisable for the Council to adopt the Findings & Conclusions associated with the street vacation. Accordingly, Councilman Doyle moved to amend the above motion by citing Findings 1 - 7 and Conclusions A - D, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. Setting Public Hearing B. Resolutions not Requiring Public Hearings on Street Vacation - Markley - Street Vacation Petition - Markley, Portion of Eunice Street: Request for vacation Resolution No. 18-96 of a portion of the Eunice Street right-of-way at Park Avenue Mayor Ostrowski reviewed the information provided by the Planning Department. He read the Resolution by title, entitled RESOLUTION NO. 18-96 A RESOLUTION of the City of Port Angeles setting a public hearing date for a petition to vacate a portion of Eunice Street north of Park Avenue. Councilman Braun moved to pass the Resolution as read by title. The motion was seconded by Councilman Hulett and carried unanimously. C. Planning Commission Minutes/Action Items None. -4- 3369 September 17, 1996 LEGISLATION: D. Other Considerations (Cont'd) 1. Reorganization of Light and Public Works Departments Reorganization of Light ! ~¥:,:' v'~!' ~.: and Public Works On the matter of the .proposed reorganization of the Light and Public Works Departments Departments, Manager Pomeranz reported that the City Council and staff have been working on increasing efficiencies and decreasing bureaucracy throughout the organization. The goal has been to provide the best possible service to the citizens of Port Angeles. Through the Bureaucracy Busting process, City employees have submitted more than fifty bureaucracy busting suggestions. In order to prepare the organization for the changes of the 21st Century, a review of the City organizational structure was begun, and the concept of a merger between Public Works and the Light Department was born. Manager Pomeranz indicated this change will allow employees to work more efficiently, as it will allow more sharing of resources, both equipment and human. Further, internal rules and regulations will be reduced, and in the long term, taxpayer dollars will be saved and service improved. Manager Pomeranz expressed appreciation to all employees involved in the reorganization effort; the City is privileged to have such outstanding employees. He felt that it is because of these dedicated employees that the City is able to make such an important change. At this time, Public Works Director Pittis showed an overhead projection of the functional organization chart. He lauded the employees' efforts, particularly those of Light Director Titus. Director Pittis reviewed the formation of various transition teams, and he explained how cost savings will be realized over time. Mayor Ostrowski observed this is a major change, and he was pleased that all employees were part of the process. Also, with the implementation date of October 1, he noted this reorganization would be reflected in the upcoming budget. Councilman Doyle was excited with the merger, as it serves to reinforce his concept of the "one company" spiritl Councilman Wiggins echoed those sentiments and moved to approve the plan for reorganization as presented. Councilman Campbell seconded the motion. Councilman Campbell felt this was a tremendous opportunity in shifting the organization to a higher level of performance and commitment to the City. Councilman Hulett felt this move would bring the City more in line with being managed much the same as a private business, incorporating more fiscal responsibility in the process. Manager Pomeranz reiterated his appreciation for the support and help from the employees. Also, without the support of the Council, Director Titus, Director Pittis, citizens and staff, this could not have been accomplished. A vote was taken on the motion, which carried unanimously. Power Sales Contract 2. Authorize Mayor to Sign Power Sales Contract with LG&E Power with LG&E Power Marketing, Inc. Marketing Light Director Titus indicated the contract negotiations with LG&E have been underway for quite some time. He summarized a couple of minor modifications made to the agreement since the time the Council packet was prepared. Section 21, Conditions to Effectiveness, established a deadline of September 15 by which all conditions must be met. This date has been extended to September 25. Further, Exhibit C, Displacement Charge, was corrected in the final contract. Director Titus advised the Council that the charges reflected in Exhibit "C" are what the City would pay if it chose not to buy power from LG&E and instead went to the market. In effect, the contract would allow the City to purchase power elsewhere if the market fell below those charges reflected in Exhibit "C". In responding to a question from Councilman Wiggins, Director Titus noted this is a "take or pay" contract. After further discussion, Councilman Campbell moved to authorize the Mayor to sign the Power Sales Agreement, as amended in Section 21 and Exhibit "C", with LG&E Power Marketing, Inc. The motion was seconded by Councilman Braun and carried unanimously. Manager Pomeranz advised the Council that, with the reorganization moving forward, Director Titus will still have the responsibility of overseeing the power sales contracts. Amendatory Agreement 3. Authorize City Light Director to Sign Amemtatory Agreement No. I to No. 1 to BPA/Port BPA/Port Angeles Billing Credits Agreement Angeles Billing Credits Agreement Director Titus reviewed for the Council the Billing Credits Contract with BPA for the 4 KV Conversion Project. Because the conversion project cannot be completed -5- 3370 CITY COUNCIL MEETING September 17, 1996 LEGISLATION: within the original time frame, the City requested an extensi°n to December 31, (Cont'd) 1997. This amendatory agreement would accomplish the extension. Amendatory Agreement Councilman Campbell inquired as to how much of the project is completed, to which No. 1 to BPA/Port Director Titus responded approximately 75 % has been finished. One of the problems Angeles Billing Credits encountered had to do with late delivery of the needed transformers. Councilman Agreement (Cont'd) Wiggins moved to authorize the City Light Director to sign the Amendatory Agreement No. 1 as presented. Counciimember McKeown seconded the motion, which carried unanimously. On another matter, Councilman Braun asked that Director Pittis review the report in the Information Agenda pertinent to the meeting held with the Department of Fisheries for the outfall replacement. Director Pittis informed the Council that a meeting had been held with Fisheries at which time the City provided them with a sample of the material around the outfall. Some concessions were made by Fisheries at the meeting, and City staff received an explanation of why certain requirements have been put in place. Director Pittis felt there was a better understanding reached in terms of addressing the environmental issues on the outfall. Break Mayor Ostrowski recessed the meeting for a break at 8:55 p.m. The meeting reconvened at 9:10 p.m. ADJOURN TO Mayor Ostrowski adjourned the meeting to Executive Session at 9:10 p.m. to discuss EXECUTIVE SESSION: a legal matter for approximately 15 minutes. RETURN TO OPEN The meeting returned to open session at 9:25 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 9:25 ~ Becky J. UptOn ~r6sper Ostrowski City Clerk Mayor -6- 3371 Attachment "A" FINDINGS & CONCLUSIONS IN SUPPORT OF VACATION OF A PORTION OF CENTER STREET IN ILLINOIS ADDITION - STV 96(08)04 - LIONSTONE: Findings: 1. The applicants for the requested vacation are Annemarie Lionstone and Roy E. Albertson. The application/petition is attached as Attachment "A" of the August 14, 1996, Planning Department Staff Report for STV 96-04. 2. The requested vacation is for that portion of Center Street abutting Lot 17, Block 1, of Illinois Addition, Township of Port Angeles, identified in Attachment "A" of the August 14, 1996, Planning Department Staff Report for STV 96-04. 3. In 1994, the City vacated an equal portion of Center Street across the alley and directly north of the subject area [STV 94(09)05]. 4. The vacating of a street is categorically exempt from threshold determination and Environmental Impact Statement requirements per Section 197-11-800(2)(h) of the Washington Administrative Code. 5. The subject right-of-way and adjacent properties are designated Low Density Residential by the City's Comprehensive Plan and are zoned RS-9. 6. There are no utilities located in the subject right-of-way. 7. The Public Works Department's comments are included as Attachment "B" of the August 14, 1996, Planning Department Staff Report for STV 96-04. Conclusions: A. The proposed vacation is consistent with the Comprehensive Plan's Land Use Policy B, 2 and 3 and Transportation Policy B, 18. B. Vacation of the subject right-of-way will not diminish the level of vehicular access to any lots in the area. C. Vacation of the subject right-of-way will not impact the surrounding grid street pattern. D. Retention of the subject right-of-way does not serve a public purpose while its vacation will allow collection of property tax for the property. 5~-ci~"p~ed by ~s City Council at its meeting of September 17, 1996. ~v-r.~sp~r Ostrowski, Mayor B~cky i. L~ton,~Cit~ ~l~rk --