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HomeMy WebLinkAboutMinutes 09/18/2007 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENTATIONS: Recognition of Bill Sterling WORK SESSION: LA TE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: e 6125 CITY COUNCIL MEETING Port Angeles, Washington September 18, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:05 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, B. Sterling, R. Bonine, M. Malovoz, C. Delikat, B. Peterson, L. Dunbar, J. Seniuk, and S. Roberds. Public Present: D. Perry, P. Lamoureux, D. DiGuilio, C. Kidd, S. Morris, and T. Gudgel. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Deputy Mayor Williams. 1. Proclamation in Recognition of Bill Sterling: Mayor Rogers read and presented a proclamation to Bill Sterling, recognizing his outstanding performance as Deputy Director of Recreation. Mr. Sterling, who is retiring as of September 30, 2007, referenced a list he had distributed to the City Council enumerating the many accomplishments of the Recreation staff during the last two years. Jake Seniuk, Director ofthe Fine Arts Center, presented Mr. Sterling with areplica of an Esther Webster painting. None. Manager Madsen advised the Council that Agenda Item K.2. may need to be split into two items, one portion regarding the Light Operations Interim Facility, and the other portion regarding a rejection of bids for remodeling the facility. Lisa DelGuzii, 4016 Old Mill Road, addressed the Council regarding the wetland buffer zone between her property and the Morrison subdivision. There is a 25-foot unidentified buffer between her property and where Morrison is building, and she has been told it is an environmentally sensitive buffer. Ms. DelGuzzi indicated the property has been bulldozed by the developer, and she asked that the City enforce its own Code. Manager Madsen referenced the public hearing held when the subdivision was approved, at which time a condition was placed on the subdivision requiring the buffer. The developer has been out of town, and in his absence, the area in the buffer was bulldozed. City staff advised thecontractor to stop the incursion into the buffer and to complete restoration. There was an apparent miscommunication between the developer and the contractor, as the contractor had not been informed of the buffer requirement. Mayor Rogers assured Ms. DelGuzzi that the City will follow-up on the situation. - 1 - 6126 CITY COUNCIL MEETING September 18, 2007 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) FINANCE: Tree Trimming Contract Light Operations Interim Facility Break Paul Lamoureux, 602 Whidby, provided commentaries to the Council on the upcoming public hearing on Solid Waste rates. Mayor Rogers asked that he provide his input during the public hearing. Mr. Lamoureux then referenced a letter sent to the City Council the previous day on the matter of tree trimming. e 1. Tree Trimming Contract: Public Works & Utilities Director Cutler presented information relative to the proposed contract for tree trimming, explaining the one bid submitted by Asplundh was significantly higher than in the past. There is a great demand for tree trimming, especially after last winter's storms, and Asplundh bid a price that will require bringing a crew in from an outside area. The issue. was discussed at length by the Utility Advisory Committee, with a recommendation for approval being forwarded. Discussion ensued, and Director Cutler answered questions regarding the identification of priority areas and standards for tree trimming. Discussion also centered around the possible identification of areas most vulnerable to the trees and whether a long-range plan for under grounding should be considered. Also, it was noted there is a potential for the development of a local business for meeting tree trimming needs on the Peninsula. Councilmember Wharton moved to authorize the City Manager to sign a contract with Asplundh Tree Expert Company for an amount not to exceed $45,000, including tax. Councilmember Braun seconded the motion, which carried unanimously. 2. Light Operations Interim Facility: Manager Madsen opened discussion regarding negotiations with a medical clinic for the purchase of the existing Light Operations building located at 240 West Front Street, resulting in the need for Light Operations to move out of the present facility. The City has been working with the Port of Port Angeles to lease a facility that would require tenant improvements. Bids were solicited for planned improvements, but the bid came in higher than estimated. Staff negotiated with the Port on different arrangements to get the work done so the Light Operations crews could move before winter arrives. Manager Madsen emphasized the importance of the timing issue and the need to proceed with facility improvements. Director Cutler discussed the proposed lease with the Port at the Airport Industrial Park, the terms of the lease, and the bid submitted to do the improvements. He noted that the meter function could stay in the current building until the March time frame, which could provide additional time to put another contract out for work to be done over a longer period oftime. He itemized the types of items that need to be done before the move, all of which would be within budget. Director Cutler summarized concerns expressed by the Utility Advisory Committee in terms of the risk of signing a lease with the Port in the absence of a fully executed purchase and sale agreement with the medical clinic. Various options were considered, and Manager Madsen noted the presence this evening of Port Executive Director Bob McChesney, who was present to answer any questions that may anse. Lengthy discussion ensued. Depu~y Mayor Williams moved to table the matter to later in the agenda in an Executive Session. Councilmember Munro seconded the motion, which carried 6 - 0, with Councilmember Wharton abstaining, because her husband is a partner in the medical clinic wanting to purchase the Light Operations facility. Mayor Rogers recessed the meeting for a break at 6:55 p.m. The meeting reconvened at 7: 10 p.m. e - 2 - PUBLIC HEARINGS- QUASI-JUDICIAL: e Linn Acres Final Subdivision Ordinance No. 3298 e Walker Final Subdivision Ordinance No. 3299 CITY COUNCIL MEETING September 18, 2007 6127 I. Linn Acres Final Subdivision -18 -Unit Subdivision between loth &12th Streets, West of "N" Street: Mayor Rogers reminded the Council that this public hearing, as well as the next, is quasi- judicial, and accordingly, she inquired as to the Councilmembers' ability to hear both matters with fairness and impartiality. Deputy Mayor Williams stated he is a real estate agent, but he felt there were no conflict of interest issues. Before proceeding, Planning Manager Roberds asked to provide the Council with further information relative to commentaries made by Ms. DelGuzzi earlier in the evening. She explained that lengthy discussion was held when the subdivision was approved, as there is a wetland on the Del Guzzi property that spills on to the Morrison subdivision. Ms. Roberds indicated this has been a longstanding issue between the neighbors, but the jurisdictional authority on the wetland rests with the Army Corps of Engineers. There was an inadvertent miscommunication between the contractor and employees who failed to convey the need to be careful in removal of area vegetation. The area in question was previously a pasture, so the contractor will reseed the area so as to maintain it in a natural state. Moving to the Linn Subdivision, formerly known as the North Peninsula Building Association (NPBA) Subdivision, Plaiming Manager Roberds indicated this is an 18-unit subdivision between loth & 12th Streets, west of "N" Street i~ the RS-9 zone. All preliminary conditions have been met, and the recommendation forwarded to the Council is for approval of the final subdivision. Ms. Roberds highlighted the low impact development improvements that were incorporated into the subdivision design. The NPBA partnered with the City and the Clallam Conservation District in obtaining a Department of Ecology grant to fund the infrastructure design and development, such as a pedestrian walkway constructed with.permeable paving material, rain gardens designed to mitigate storrnwater impacts, and a curvilinear street designed to be traffic calming. Brief discussion ensued, and Ms. Roberds felt this subdivision serves as a showcase for the low impact development standards, which may instigate similar development practices throughout the City. MayorRogers read the Ordinance by titl(':, entitled ORDINANCE NO. 3298 AN ORDINANCE of the City of Port Angeles, Washington, approving the 18-lotsubdivision in the RS-9 zone known as the Linn Acres Subdivision. Mayor Rogers opened the public hearing at 7:22 p.rn. Tracy Gudgel, 301 E. 6th Street, representing the applicant, offered to answer any questions that may arise. In response to an .inquiry from Councilmember Braun, he briefly explained the use of the low impact development standards, particularly the rain garden design and function. There being no further testimony, the public hearing was closed at 7:25 p.rn. Councilmember Braun moved to adopt the Ordinance as read by title, citing Findings 1 - 9 and Conclusions A - D.Councilmember Wharton seconded the motion, which carried unanimously. 2. Walker Final Subdivision - 22-Unit Subdivision West of loth Street North of Milwaukee Drive: Planning Manager Roberds reviewed the 22-lot subdivision in the RS-ll zone west of 10th street; north of Milwaukee Drive. One condition having to do with replanting the - 3 - 6128 CITY COUNCIL MEETING September 18, 2007 Walker Final Subdivision Ordinance No. 3299 (Cont'd) PUBLIC HEARINGS - OTHER: Solid Waste Rates buffer was placed on the subdivision. The owner placed an Assignment of Savings and Maintenance Bond with the City for the replanted trees. A recommendation for approval has been forwarded to the CounciL Brief discussion followed on the access to certain lots, the sufficiency of the one-year time frame for the maintenance bond, the fact that trees on the bluff must be maintained, and garbage pick-up for some of the parcels. e Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3299 AN ORDINANCE of the City ofPort Angeles, Washington, approving the 22-10t subdivision in the RS-ll zone known as the Walker Subdivision. Mayor Rogers opened the public hearing at 7:36 p.m. There being no public testimony, the public hearing was closed at 7:36 p.m. Deputy Mayor Williams moved to adopt the Ordinance as read by title, citing Condition 1, Findings 1 -10, and Conclusions A - E. The motion was seconded by Councilmember Headrick and carried unanimously. 1. Solid Waste Rates: Director Cutler introduced the consideration of Solid Waste rates, noting the lengthy deliberations at the Utility Advisory Committee meeting on the two separate entities of the transfer station and curbside collection. Power Resource Manager Dunbar, with the use of PowerPoint slides, provided background information on cost of service studies . conducted for the transfer station, the interlocal agreements involved, the Waste Connections Service Agreement, and past rate adjustments implemented. He reviewed the 2007 rate design and revenue requirements. As part of the adjustment, Mr. Dunbar related the recommendation to institute the City's utility tax in the interest of parity. It is recommended that the current rate design be maintained; that a 7 W% overall increase be implemented, excluding the State refuse collection tax; and that the rate adjustment be effective as of January 1,2008. Mr. Dunbar then directed attention to collections, providing similar background information. It is recommended that the current rate design be maintained, that a 5.4% overall rate reduction be implemented, that a 5.0% rate increase be instituted for yard waste and commercial recycling (P A School District), and that the rate adjustment be effective as of January I, 2008. Mr. Dunbar discussed the details of the specific rate adjustments proposed for residential and commercial, and he summarized the proposed ordinance amendments to include the parity recommended between City and non-City collection entities in terms of a public utility tax. Discussion followed on the fund balance on collections, with Director Cutler providing further clarification related to ongoing projects and work for which the City is responsible. Director Cutler felt that, once contracts have been closed out and settlements with contractors reached, then the City can review and establish new targets. In keeping with the requirement to conduct a first reading of Ordinances, Mayor Rogers read the following Ordinances by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising taxes levied by amending Chapter 5.80 of the Port Angeles Municipal Code. e - 4 - PUBLIC HEARINGS - OTHER: (Cont'd) e Solid Waste Rates (Cont'd) FINANCE: (Cont'd) IT Air Conditioning Contract CONSENT AGENDA: CITY COUNCIL . .' CQMMITTEE '.. \;'\t. ~'\ . REPORTS: ,-' ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: e OTHER CONSIDERA TIONS: CITY COUNCIL MEETING September 18, 2007 6129 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising garbage collection rates by amending Chapter 13.54 of the Port Angeles Municipal Code. ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, repealing Chapter 13.56, Sanitary Landfill, and revising Transfer Station rates by amending Chapter 13.57 of the Port Angeles Municipal Code. Mayor Rogers opened the public hearing at 8: 10 p.m. Paul Lamoureux, 602 Whidby, felt that citizens deserve to adjust their collection schedule without the imposition of a fee. Noting other endeavors by City staff, he felt that the added cost ofletting people make adjustments at no charge would not be that significant and would be customer friendly. There was no further public testimony at this time, and at 8:15 p.m., Mayor Rogers continued the public hearing to the ,October 2, 2007, City Council meeting. Discussion followed on the $25.00 fee that is imposed for those wishing to change their level of service. It was pointed out that all customers were initially given three months during which they could change their level of service free of charge. 3. IT Air Conditioning Contract: Director Cutler related the inadequacy of one of the air conditioning units in the Information Technology Server Room, as it is too small to adequately cool the room by itself, effectively leaving no backup in the event the larger unit fails. Bids were solicited for a replacement unit that was included in the2007 budget. He reviewed the singular bid that was submitted and answered questions posed by the Council. Councilmember Headrick moved to authorize the Mayor to sign a contract with Peninsula Heat, Inc., for $25,103.27, including tax, to replace the smaller server room air conditioner with a larger unit. The motion was seconded by Deputy Mayor Williams and carried unanimously. Councilmember Braun moved to accept the Consent Agenda, to include: (1) City Council Minutes dated September 4, 2007; (2) Request for Public Fireworks Display- High School Homecoming; (3) Ambulance Transport Billing Agreement Extension; and (4) Expenditure Approval List- 8/25 - 9/07 - $1,446,243.00. Councilmember Petersen seconded the motion, which carried unanimously. None. .\ ~ None. None. None. - 5 - 6130 CITY COUNCIL MEETING September 18,2007 INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: FINANCE: RETURN TO EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: Manager Madsen announced that he and Principal Planner West will be attending an economic development summit in Kansas City this coming week; Attorney Bloor will also be out of town, and Director Cutler will be acting City Manager. e Director Cutler provided a status report on tree damage and tree removal on the City Hall campus in the vicinity of the Vern Burton Center. Also, some bushes are in need of removal, so it is planned to replace the bushes with flowering cherry trees, similar to those in Mutsu City. When the dignitaries from the Sister City visit next, it is anticipated that a ceremony will be conducted. Director Cutler then advised the Council of the failure this past evening of Ranney Collector Pump No.1. The cause of the failure is being studied, and the cost of repairs may approximate $20,000. Based on past experience, the City will look into the possibility of insurance reimbursement. Mayor Rogers issued a reminder of the AWC Regional meeting being held in Port Angeles on September 25th. Basedon input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 45 minutes under the authority ofRCW 42.30.11 O( 1 )(b) and (c), real estate, and RCW 42.30.110(1)(I), potential litigation, with possible action to follow. The Executive Session convened at 8:44 p.m., at which time Councilmember Wharton departed the Council Chambers, as her husband is party to the real estate matter under consideration. The Executive Session concluded at 9: 14 p.m. The Council reconvened into Open Session at 9: 15 p.m., and Councilmember Wharton rejoined the Council. Light Operations Interim Facility: Following discussion, Councilmember Munro moved to reject the Aldergrove Construction, Port Angeles, W A, bid received for the Interim Light Operations Facility Remodeling Project 06-37. The motion was seconded by Deputy Mayor Williams and carried 6 - 0, with Councilmember Wharton abstaining. The Council returned to Executive Session at 9:20 p.m. to continue deliberations under the authority of the RCW's cited above. No further action was anticipated. The Executive Session concluded at 9:50 p.m., and the Council convened in regular Open Session. No action was taken. The meeting was adjourned at 9:50 p.m. e - 6 -