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HomeMy WebLinkAboutMinutes 09/21/2004 5426 CITY COUNCIL MEETING Port Angeles, Washington September 21, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, G. Cutler, D. McKeen, R. Dyker, T. Gallagher, J. Mason, J. Harper, R. Hoffman, T. McCabe, S. Roberds, and B. Coons. Public Present: E. Tuttle, T. Ahlgren, P. Lamoureux, and C. Kidd. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Williams. ALLEGIANCE: PUBLIC CEREMONIES, None. PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: County Comprehensive Plan Comments: County Comprehensive Community Development Director Collins advised the Council that the County had Plan been working on its Comprehensive Plan for the past six months; the County Planning Commission has reviewed input from the City and has forwarded a recommendation to the Commissioners. Director Collins felt certain that the County would not be able to meet the December 1 deadline, and he thought it would be appropriate for the City to provide comments on five specific policy issues: 1) Expansion of the Port Angeles Urban Growth Area between Edgewood Drive and US 101 from Reddick Road to west of Laird Road to include the commercial zoned area at the SR 112 junction and the 80 acre old log yard west of Laird Road; 2) The eastern PAUGA expansion previously requested by the City; 3) Generally, the location of Local Areas of More Intensive Rural Development (LAMIRDs) adjacent to or nearby the City of Port Angeles and the existing Port Angeles Urban Growth Area; 4) Specifically, the removal of the Bay Loop Neighborhood from the PAUGA as recommended by the Clallam County Planning Commission; and 5) Clarification of urban and rural densities in and adjacent to cities and urban growth areas. Director Collins noted the issues had been reviewed by the Community and Economic Development Committee, who felt it appropriate to refer the matter to the entire Council for consideration. Discussion ensued, and Director Collins and Councilmember Williams discussed Item 4 and the potential urban and rural densities. Councilmember Pittis felt the comments were consistent with the positions of the -1- 5427 CITY COUNCIL MEETING September 21, 2004 WORK SESSION: committee members who met on Comprehensive Plan issues. Director Collins (Cont'd) responded to Councilmember Munro's inquiry as to the remaining process, noting than any appeal to the Comprehensive Plan would likely not be heard by the Hearings Board County Comprehensive before next summer at the earliest. Couneilmember Rogers moved to authorize the Plan (Cont'd) Mayor to sign a letter to the County Commissioners, providing comments as presented for the Clallam County Comprehensive Plan update. The motion was seconded by Councilmember Williams and carried unanimously. LATE ITEMS TO BE Mayor Headrick asked for a future report on the status of the traffic signals at Ennis PLACED ON TI-IIS OR Street. Public Works & Utilities Director Cutler was prepared to submit a report at this FUTURE AGENDAS: time, and he advised the Council that staff had worked with the Department of Transportation in adjusting the timing of the signals so that there is minimum time on Ennis Street for moving on to Front and First Streets. Also, the green period has been extended by about 50% and has been dedicated to Front and First traffic. Director Cutler noted that most of the traffic occurs between 5:00 - 5:15 p.m., and the situation has greatly improved because of the timing. Cars that travel between 10 - 15 mph rarely stop and, once beyond the Ennis Street light, they then encounter the signals at Golf Course Road and DelGuzzi. It appears that traffic is now moving fairly smoothly, but Director Cutler assured the Council that staffwill continue to monitor the situation. He attended a meeting today of the Highway Safety Committee, at which time he talked to the regional DOT traffic engineer about timing all of the signals to optimize traffic out of town. Director Cutler has received positive feedback, plus he has personally observed the improvement. Councilmember Munro felt the situation has dramatically improved; however, he felt there is still some room for additional improvement for the general flow throughout town. Brief discussion followed regarding the possibilityof the mills staggering their work shifts, the impacts of Peninsula College traffic, traffic calming measures, the possibility of viaduct construction, and the possibility of removing the Ennis Street lights. Tyler Ahlgren distributed copies of a proposal to the Council, addressing traffic issues through Port Angeles. In the interest of being as inclusive as possible, he introduced the proposal to trucking companies, the State Department of Transportation, and the Port Angeles Business Association. Mr. Ahlgren acknowledged this endeavor would require some form of coalition in order to obtain the appropriate funding. He shared that one trucking company has saved $ 63,000 by virtue of the Sequim bypass, a project that was justified in cost by the gas savings to be generated over a 15 - 20 year period. Hesitating to use the word bypass, Mr. Ahlgren viewed his proposal as an alternate circulation route that would have access to the City via Golf Course Road, Monroe Road, Mt. Pleasant Road, Tumwater, and Race Street. It would also provide for a secondary bridge at Morse Creek for safety reasons. Mr. Ahlgren noted that the Department of Transportation has withdrawn other construction alternatives to the Alaska Viaduct to currently being only a tunnel, so tunnels are feasible and are options that the DOT is increasingly adopting as a solution to transportation problems. Mr. Ahlgren indicated that his proposal is merely an introduction at this point in order to generate interest and action that will result in a solution to allow Port Angeles to reach its potential. Ed Tuttle, 3909 Old Time Place, advised the Council he has been working on this proposal with Mr. Ahlgren, and he has received a great deal of positive feedback. He felt that Lauridsen Boulevard and Race Street could not be considered viable options for an alternative route by virtue of the number of schools and parks present. He felt the economic benefits of the proposal would be great and, acknowledging the cost would be substantial, he urged the Council to give it further consideration. Paul Lamoureux, 602 Whidby, sought clarification as to the Council's next action on fluoridating the City's water supply. Attorney Bloor responded that the next matter to be taken under consideration in the near future would be two agreements with the Washington Dental Association. Mr. Lamoureux referenced recent articles in the CITY COUNCIL MEETING 5428 September 21, 2004 LATE ITEMS TO BE newspaper regarding BPA rates, as well as past programs to assist residents, such as the PLACED ON THIS OR solar energy program. Should additional programs be forthcoming, he urged the City FUTURE AGENDAS: to provide incentives in order to make the programs effective. On another matter, Mr. (Cont'd) Lamoureux questioned house numbering, odd versus even, west of"N" on 10th Street. Director Collins offered to look into the matter. Mr. Lamoureux cited the downspout disconnect project, asking for a status report from staff. Director Cutler informed him that a report will be presented to the Utility Advisory Committee in October, after which it will be presented to the Council. Mr. Lamoureux then referenced the portion of the Council agenda where public comment is invited for items not on the agenda. He inquired as to why the public can't speak on all agenda items. The Mayor and individual Councilmembers provided input to Mr. Lamoureux. Attorney Bloor indicated that public input is sought in the form ora public hearing, and he added that larger cities don't allow public input at all in the interest of time. FINANCE: 1. CH2M Hill - New Agreement: CH2M Hill Agreement Public Works & Utilities Director Cutler summarized the contract for professional services relative to the water system and water treatment facilities. This is a renewal of the City's agreement with CH2M Hill for consultation and service for the City's water system. He reviewed the scope of work under the contract, as well as funding sources, and he advised the Council that the Utility Advisory Committee had endorsed approval by the City Council. Councilmember Pittis noted that Task #3 and #4 were Federal mandates for which the City will receive no funding. Councilmember Braun moved to authorize the Mayor to sign an Agreement for Professional Services with CH2M Hill, Inc., for an amount not to exceed $418,000. The motion was seconded by Councilmember Pittis and carried unanimously. Economic and Engineering 2. Economic and Engineering Services (EES) Contract Amendment: Services (EES) Contract Amendment Director Cutler advised the Council that staff has been working on the development of an RFP that has been issued for the transfer station, as well as other additional services. There are certain sections in the RFP in which the City will be submitting a bid in competition with the private sector and, to that end, he indicated the City needs assistance from EES to assure the allocations are accurate and to assure fair competition. An amendment to the existing contract with EES is required, as there would be an additional 60 hours of work at a value of $6,000. Director Cutler indicated the Utility Advisory Committee had discussed the issue and endorsed the Council's approval. In responding to an inquiry from Councilmember Pittis, Director Cutler clarified the added work and indicated the City would be bidding on design, construction, and operation of the transfer station, the moderate risk waste facility, the composting operations, and post closure operations. He added that the City would not be bidding on long haul and disposal of solid waste or curbside recycling. The City would plan to retain the in-house function of the scale shack. Director Cutler provided further clarification to Councilmember Munro as to the aspect of design and construction. Councilmember Pittis moved to amend the contract with Economic and Engineering Services (EES) to a level not to exceed $30,790, which is an increase of $6,000. The motion was seconded by Councilmember Rogers and carried unanimously. Tree Trimming Contract 3. Tree Trimming Contract for 2004: Director Cutler presented information relative to the annual contract for tree trimming, noting there has been a significant decrease in power outages because of this effort. Councilmember Williams generated discussion as to whether trees that are unfriendly to power lines should be removed and replaced. Director Cutler indicated the City has -3- 5429 CITY COUNCIL MEETING September 21, 2004 Tree Trimming Contract not approached the removal of trees, especially on private property. Where the City (Cont'd) is in control of the public right-of-way, slow growing trees are selected for planting. Further, Director Cutler clarified that the same trees aren't being trimmed repeatedly. Councilmember Pittis suggested that Asplundh may be able to formulate a list of trees that should be removed because they pose a danger. Mayor Headrick recalled that trees are removed if so desired by the property owner, and Director Cutler indicated the City does remove trees if they are leaning, but he pointed out that tree replacement can be very expensive. Discussion ensued, and the Councilmembers supported the creation of a list of dangerous trees for removal. Councilmember Munro sought clarification as to why there was a sole bid&r, and Director Cutler indicated the City has sought other vendors. Asplundh seems to have a niche at an extremely reasonable rate. Councilmember Williams moved to accept the bid of Asplundh Tree Expert Co. in the amount of $175.64 per hour, not to exceed $30,000, and to authorize the Mayor to sign the contract. The motion was seconded by Councilmember Braun and carried unanimously. Valley & "A" Street 4. Valley & "A "Street Substations Relay Designs: Substations Relay Designs Director Cutler reviewed information pertinent to the relay designs for the Valley & "A" Street Substations. A revised memorandum had been distributed to the Council clarifying that TriAxis Engineering, through a normal selection process, previously had been selected to perform this type of service for the City. The work on the Valley Substation is planned for 2005, and the "A" Street Substation is scheduled for 2006. Following brief discussion, Councilmember Pittis moved to authorize the Mayor to sign an agreement with TriAxis Engineering of Corvallis, Oregon, to design new feeder relays for Valley and "A' Street substations at a cost not to exceed $47,000. Councilmember Rogers seconded the motion, which carried unanimously. Replace Automated Packer 5. Replace Automated Packer 1905: 1905 Director Cutler informed the Council that a replacement for Automated Packer 1905 was scheduled for 2005; however, due to an accident over the Labor Day weekend, staff is requesting that replacement efforts commence in 2004. The packer to be replaced has over 10,000 hours, and repair costs would exceed the salvage value. If or&red now, the replacement would be delivered in 2005. Brief discussion ensued after which Councilmember Rogers moved to support staff's recommendation to order a replacement vehicle for//1905 prior to approval of the 2005 budget and to authorize the City Manager to sign a Purchase Order with Western Peterbilt in an amount not to exceed $200,000. Councilmember Erickson seconded the motion, which carried unanimously. Break Mayor Headrick recessed the meeting for a break at 7:12 p.m. The meeting reconvened at 7:22 p.m. PUBLIC HEARINGS - "K" Street Vacation - Port of Port Angeles: OTHER: Director Collins advised the Council that Burlington Northern had been contacted in "K" Street Vacation - Port regard to the proposed street vacation, and they asked that the matter be continued to of Port Angeles the next meeting. Mayor Headrick opened the public hearing at 7:24 p.m., after which Councilmember Pittis moved to continue the public hearing to October 5, 2004. Councilmember Erickson seconded the motion, which carried unanimously. CONSENT AGENDA: Councilmember Erickson moved to accept the Consent Agenda, to include: 1.) City Council Minutes of September 7, 2004 meeting; 2.) Expenditure Approval List - September 10, 2004 - $524,116.51; 3.) Electronic Payments - August 9, 2004 - $1,878,056.25; and 4.) Coordinated Prevention Grants. The motion was seconded -4- CITY COUNCIL MEETING 5430 September 21, 2004 by Councilmember Rogers and carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: ORDINANCES NOT 1. Residential Electric Extension Policy: REQUIRING PUBLIC HEARINGS: Director Cutler advised the Council that the City has received input from developers as to the difference between the City's residential electric extension costs as compared Residential Electric to outside the City. Changes were proposed and presented to the Utility Advisory Extension Policy Committee, as well as the Community & Economic Development Commit-tee. Ordinance No. 3169 Electrical Engineering Manager Harper, with thc use of PowerPoint slides, reviewed the City's service policy prior to 1991, where new electrical extensions of up to 200 feet or 2 spans were provided by the City at no cost. Then, in 1991, the City began charging customers for the total cost of electrical extensions less a Service Credit of $917 and, in 1993, the Service Credit was increased to $1,013 and was restricted to underground service. The Service Credit was ultimately discontinued in 1996. In considering a possible change, other utilities were surveyed, and it was learned they subsidize the cost of extending service. Mr. Harper further described the differences between those other utilities and the City, and he described in detail the current City policy. The developer is required to pay the total cost of any facilities required to extend power to a new development, to include transformers and meters. The customer is required to pay for connecting the service. Mr. Harper described the proposed policy in that the developer would be required to pay the total cost of extending power to a new development, excluding transformers, meters, and service connections. The customer would be required to pay a connection chargeof$713 forundergroundservice or $410 for overhead service. Mr. Harper cited the cost comparisons, noting the cost to the customer would remain the same. He added that the proposed implementation date would be January 1, 2005. Discussion followed with Mr. Harper answering questions and providing clarification. Councilmember Rogers felt this change would encourage further development in the City. Following added discussion, Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3169 AN ORDINANCE of the City of Port Angeles, Washington, establishing fees charged for residential electric service connections and amending Chapter 3.70 of the Port Angeles Municipal Code. Couneilmember Williams moved to adopt the Ordinance as read by title. The motion was seconded by Counciimember Pittis and carried unanimously. Adjustments to Medic I 2. Adjustments to Medic I Transport Charges: Transport Charges Ordinance No. 3170 Fire Chief McKeen presented information relative to a proposed increase in Medic I transport charges for advanced life support and basic life support. He advised the Council that, after comparing the City's charges to other services in the area, he learned the City was low and he, therefore, recommended an increase, as follows: Basic Life Support - increase from $280 to $315 Advanced Life Support - increase from $450 to $480. ChiefMcKeen indicated the adjustments wouldn't affect City residents, as the billings would only be submitted to third party payers. Discussion followed, and Chief -5- 5431 CITY COUNCIL MEETING September 21, 2004 McKeen answered questions posed by the Council. Mayor Headrick read the Ordinance by rifle, entitled Adjustments to Medic I ORDINANCE NO. 3170 Transport Charges Ordinance No. 3170 AN ORDINANCE of the City of Port Angeles, Washington, adjusting (Cont'd) the Medic I base transport charge for advanced life support services and basic life support services, and amending Ordinance 3143, as amended, and Chapter 3.70 of the Port Angeles Municipal Code. Couneilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Couneilmember Eriekson and carried unanimously. RESOLUTIONS: 16/17 Alley Vacation - Reid: 16/17 Alley Vacation - Director Collins reported that the street vacation request had been reviewed by the Real Reid Estate Committee. The Resolution would set the public hearing for November l, 2004. Resolution No. 16-04 Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 16-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate a portion of the 16/17 alley west of Tumwater Truck Route in Port Angeles, Clallam County, Washington. Couneilmember Pittis moved to pass the Resolution as read by title. The motion was seconded by Couneilmember Braun and carried unanimously. Councilmember Pittis felt it would be helpful to have the date and time of the public hearing made a part of the Resolution tide. OTHER None. CONSIDERATIONS: PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Medic I Revenue Update: Manager Quinn advised the Council that it had agreed to conduct a review of Medic I revenues and address the matter of requests for additional Medic I Revenue Update staff. ChiefMcKccn, aided by PowerPoint slides, presented information to thc Council relative to third party payer revenue projections, noting the Council had deferred a decision on added staff to mid-2004. Revenue projections for 2004, less write-offs, were at $321,260. Actual year-to-date revenue, also less write-offs, was at $377,805, for a positive variance of $56,545. ChiefMcKeen indicated the revenue budgeted for 2005 is $828,500, and it does not include proposed increases in transport charges or revenue enhancements from the added position. The Fire Chief reviewed the increased levels of service, noting there has been a 66% increase in call volume since 1991 withone less position. He described the resulting scenarios with the increasing call volume, as well as with overlapping calls. The Chief then summarized benefits accrued by having an additional firefighter/paramedic position in terms of service delivery, training, fire suppression, and cost savings generated by decreased overtime. There will be increased revenue generation and improved performance measures. The Council spoke in support of the added position, and Manager Quinn noted that no action was necessary this evening, as the positionwill be considered during the 2005 Budget deliberations. Nevertheless, Couneilmember Pittis moved to accept the -6- CITY COUNCIL MEETING 5432 September 21, 2004 INFORMATION: report as submitted by the Fire Chief and to support his continued efforts to (Cont'd) achieve the list to fill the position as soon as the City is able to budget for the position. The motion was seconded by Councilmember Braun and carried Medic I Revenue Update unanimously. (Cont'd) On another matter, Peter Ripley, 114 E. 6th, advised the Council that he had been informed of certain bonding requirements for officials as set forth in Administrative Law. He expressed concern as to the bonding requirements, and Mayor Headrick indicated the City would rely on the City Attorney's guidance. EXECUTIVE SESSION: Based on input provided by Attorney Bloor, Mayor Headrick announced the need for an Executive Session for 90 minutes with one item subject to RCW 42.30.110(i): To discuss with legal counsel representing the agency matters relating to agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or t-mancial consequence to the agency; and to discuss an item under RCW 42.30.140(4)(b): That portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress~ ~ ~ The Session convened at 8:28 p.m. RETURN TO OPEN The Session concluded at 9:55 p.m., and the Council reconvened in regular open SESSION: session. R~hard A. Headrick, Mayor Becky J. Upt(~ Cit~Clerk -7- Exhibit "A" 5433 CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STV 03-03 - PORT OF PORT ANGELES: Condition: 1. A utility easement shall be centered under the existing electric transmission line to encompass the power line and appurtenances within the vacated K Street right-of-way that will remain unimpeded 24-hours a day for maintenance and future utility service needs. Likewise, a 20' easement shall be provided for the City's existing waterline along the toe of the marine bluff allowing for an unimpeded 24-hour access to the area. Findings: 1. A petition requesting vacation of a portion of the unopened K Street right-of-way located south of Marine Drive was submitted by the Port of Port Angeles and Daishowa America (now Nippon Paper Industries) on September 5, 2003. 2. The subject right-of-way contains a total of 38,962 square feet in area. 3. Per RCW 35.79.010, two thirds of the owners of property in an area may request vacation of property and comprise a valid request for such action. Nippon Paper Industries does not wish to acquire any of the right-of-way but signed the petition to express no objection to the Port requesting the vacation and subsequent ownership of the property. 4. After initial review with Port staff, it Was determined that a trade of properties rather than monetary compensation for the right-of-way would be in the public interest. During discussion with the Port in October, 2003, it was decided to table the request for further review with the intent being a trade of property between the City and the Port.. 5. The abutting properties are zoned Industrial Heavy (IH) and Residential Single Family (RS- 7) with the RS-7 property above the marine bluff. 6. That portion from the toe of the bluff south is environmentally sensitive as it is a marine bluff. Development of the site will need to be cognizant of development restrictions of such a property and will be under review per the City's Environmentally Sensitive Areas Ordinance. 7. The City's Comprehensive Plan Land Use Map identifies the area as being in the Northwest Planning Area and designated as Industrial (I). 8. The City's industrial waterline traverses a portion of the K Street fight-of-way and a major utility transmission line runs the length of the right-of-way. Both utilities will require easements for unimpeded access at all times. 9. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right-of-way. Land Use Element Commercial Goals and Policies Policy E.3; Industrial Goal H and Policies 3 and 4; Utilities and Public Services Goal D and Policies D.9 and D.10; and Capital Facilities Goal A were found to be relevant to the proposal. 10. The City of Port Angeles' Real Estate Committee met in June, 2004, to continue discussion regarding a trade of the subject right-of-way in exchange for property owned by the Port located in the Downtown that the City wishes to control. A value orS1.10 per square foot was set for the fight-of-way based on the assessment of other similar properties in the area 5434 for a total valuation of $69,948.36. The Real Estate Committee decided that a trade would be appropriate as proposed. 11. The vacating of a street is categorically exempt fi.om the State Environmental Policy Act (SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 12. At its August 3, 2004, regular meeting, the Port Angeles City Council established a public heating date for action on the street vacation petition as September 7, 2004. The Port Angeles Planning Commission held a public heating on the proposed street vacation on August 25, 2004. 13. The site was posted for a land use action and required publication appeared in the Peninsula Daily News on December 16, 2003. No written public comment was received. Conclusions: A. Traffic patterns on surrounding streets will not be negatively impacted by the vacation. Adequate right-of-way exists on Marine Drive to allow smooth traffic flowing into and out of the site. B. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically: Land Use Element Industrial Goals and Policies Goal G; Land Use Element Commercial Goals and Policies Goal D and H and Policies D.3 and H.4; and Transportation Element Goal B. C. As conditioned and recommended by the City Council's Real Estate Committee, the street vacation will allow an exchange of public properties such that two previously unused public properties will be put to some public use. D. As conditioned, combination of the properties will result in a more logical building site as the area is now minimally usable given the constraints of existing utility lines and location at the toe of a bluff, and will allow for the consolidation of uses within a logical building site and so is therefore in the public interest. E. Since the environmentally sensitive areas on or adjacent to the site are protected by critical areas ordinances and necessary utility easements are obtained for existing utility services, the consolidation of the site is in the public interest.  d by the Port Angeles City Council at its meeting of October 5, 2004. R :hard A. Headrick, Mayor B~Cky J. Upt~a, c~ cler~'