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HomeMy WebLinkAboutMinutes 10/16/2001 4532 CITY COUNCIL MEETING Port Angeles, Washington October 16, 2001 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Hulett, Campbell, McKeown (arrived at 6:10 p.m.), Wiggins, and Williams. Members Absent: Councilmember Erickson. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziornkowski, G. Kenworthy, T. Gloor, T. Smith, K. Asquith, K. Johnson, B. Coons, and M. Pennino. Public Present: L. Lee, T. Price, K. Rogers, K. Smith, G. Goldberg, and R. Nason. PLEDGE OF The Pledge of Allegiance to the Flag was led by Clerk Upton. ALLEGIANCE: PUBLIC CEREMONIES, 1. Presentation of Downtown Project Awards PRESENTATIONS AND PROCLAMATIONS: Mayor Doyle announced that the City of Port Angeles was recognized at the International Public Works Association Conference in Philadelphia, Pennsylvania, as Presentation of the recipient of the Project of the Year for the Downtown Water Main and Sidewalk Downtown Project Reconstruction Project in the $2 to $4 million structures category. He then recognized Awards Public Works & Utilities Director Cutler who presented the award to the Mayor and Councilmembers. In addition to the IPWA award, Mr. Cutler also presented the Mayor and Council with the framed national magazine article and pictures about the Project. Commemorative bricks were also distributed to the Mayor, as well as individuals and firms who were members of the team that designed, constxucted, and coordinated the project, to include: John Gillespie and Cecil Urlich of URS Consultants, Seattle; Jerry Newlin and Robert Leach of Northwestern Territories, Port Angeles; James Gebhardt of Strider Construction, Bellingham; Chuck Parrish, Steve Lee, and Larry Aillaud of Primo Construction, Sequim; Charhe Smith of Lindberg & Smith Architects, Port Angeles; Eileen Knight and Roy Gotham of the Port Angeles Downtown Association, Port Angeles; and Ron Johnson, Terin Gloor, and Gary Kenworthy of the City of Port Angeles Engineering Staff. Director Cutler also recognized the members of the Public Works Operations staff for their assistance in the Project. 3rd Quarter Chamber of 2. 3ra Quarter Chamber of Commerce Report Commerce Report Russ Veenema, Chamber of Commerce Executive Director, began by thanking the Council for the continuing support throughout the year and then reported on the increase in the number of "You Can See it From Here" Campaign brochures. To date, the Chamber has sent out over 19,000 brochures compared to just over 6,000 the previous year. In addition, he presented information on the Visitor Center door-count - 1 - 4533 CITY COUNCIL MEETING October 16, 2001 3rd Quarter Chamber of increases, Chamber Website visitation, relocation requests, and room tax collections. Commerce Report Mr. Veenema indicated he is presently working on confidentiality agreements with (Cont'd) lodges in order to obtain occupancy information. He then followed with a review of the Chamber's financial statement. Mr. Veenema concluded by stating that he is looking forward to working with members to achieve their goals and objectives in the upcoming year. WORK SESSION: None. LATE ITEMS TO BE Mayor Doyle requested that a MagnaForce letter of support be added as Agenda Item PLACED ON THIS OR 1.2. FUTURE AGENDA: Manager Quinn asked that Council set a special meeting regarding the Convention Center, a matter which was added as Agenda Item 1.3. · The Council decided to proceed with the item from MagnaForce, so Mayor Doyle summarized a memorandum from Economic Development Director Smith regarding a letter of support on the LEVX Project, as well as assistance to MagnaForce from the City in the form of a Right-of-Way Use Permit. Director Smith summarized the involvement of the City and the Port in supporting MagnaForce in the LEVX research and development project in Port Angeles on a magnetic levitation transportation system. Because of expressed interest by San Jose, California, in moving the project out of Port Angeles, the City and Port have successfully countered their proposal and are willing to negotiate regarding rights-of-way, building use lease agreements, and test track locations. Specifically, as described by Mayor Doyle, Mr. Lamb of MagnaForce needs permission to use the City-owned right-of-way along Milwaukee Drive. Manager Quinn further explained that the letter sets forth the City's intent and the fact that the City is most willing to move ahead in accommodating the Right-of-Way Use Permit. Kathe Smith, 607 E. 4th St., a member of the City's Non-Motorized Advisory Committee and a member of the Peninsula Trails Coalition, addressed neighborhood reactions to the use of the right-of-way on Milwaukee Drive. She stressed the importance of maintaining the right-of-way in this area to make it open to public access, and she concluded by offering the coalition's assistance in drawing support from the walking and bicycling community. Ms. Smith felt this would be a great opportunity for a sharing of the public access. Following Mayor Doyle's review of the letter of intent, Councilman Williams moved to authorize the Mayor to sign the Letter of Support and instruct the staff to provide the Right-of-Way Use Permit. Councilman Campbell seconded the motion, which carried unanimously. FINANCE: 3. Wastewater Treatment Plant Backup Generator Wastewater Treatment Mayor Doyle reviewed the need for a backup system and deferred to Director Cutler Plant Backup Generator who advised the Council that this investment would prevent major problems in the event of lost power. The addition of the generator would be in keeping with DOE requirements, and the expenditure would be under the amount budgeted. Following a review of the bids received, Councilman Wiggins moved to accept the bid from Pacific Detroit-Allison for a 500 kW generator in the amount of $96,160.00 plus sales tax and to authorize the Mayor to sign the contract. Councilmember McKeown seconded the mOtion, which carried unanimously. CONSENT AGENDA: After Mayor Doyle's reading of the Consent Agenda items, Councilmember McKeown moved to accept the Consent Agenda as presented. Seconded by Councilman Williams, the motion carried unanimously. CITY COUNCIL MEETING 4534 October 16, 2001 CITY COUNCIL. Councilmember McKeoxvn reported on the Gateway Project meeting, which was also COMMITTEE attended by Councilmembers Wiggins and Williams. After reviewing suggestions for REPORTS: an alternative parking garage under the bus area, options were presented to the Federal Transit Administration who then clarified which portions of the project were eligible for funding with the result that thirty additional parking spaces will be added. Manager Quinn emphasized that it is pivotal at this point for the committee to move forward with the final design, keeping in mind that the City will present bids which will be accepted with the lid or with the fill, and that they will be able to clearly measure the differential in cost as it comes back on the bid basis. Councilmember McKeown indicated the committee felt that the money derived from parking should go back into maintenance of the project. The lid and parking area, according to Manager Quinn, will be designed this winter and built in 2002. Councilman Hulett had no report. Councilman Williams reported on the solar light being tested at the Transit bus shelter located at Old Olympic Highway and Highway 101. He commented on the increase in safety at that location. Councilman Wiggins offered commentaries with regard to the positive level of involvement of the Economic Development Council in this area. He felt their efforts have been enormous. Councilman Campbell expressed enthusiasm regarding the Council's meeting with the Lower E!wha Tribe, wherein interest was expressed by the Tribe to work with the City in the development of the harbor. He attended a public outreach meeting sponsored by the Elwha/Morse Management Team. Mayor Doyle felt the meeting with the Elwha Tribal Council was historical, as the agreement entered into by the City and the Tribe may well be the first such agreement in the nation. Mayor Doyle greeted those attending the Master Gardeners Conference, and he addressed the members of the Exchange Club. He attended the AWC Regional Meeting, the MagnaForce meeting, and welcomed those attending the Story Tellers event. PUBLIC HEARINGS - Street Vacation Petition - STV 01-04: Hopfner Portion of Grace Street OTHER: Mayor Doyle summarized the street vacation petition and recommendation, and he Street Vacation Petition - distributed copies of a memorandum from Public Works & Utilities which set forth the Hopfner - Portion of Grace benefits of the vacation. Community Development Director Collins elaborated on the Street benefits of the exchange of property in that the adjacent property could be developed Ordinance No. 3101 and improvements to Hillcrest could be accomplished. The Mayor opened the public hearing at 7:17 p.m. Glenn Go.ldberg, 310 Hillcrest Drive, stressed his and his neighbors' preference that Hillcrest not be developed, as they appreciated the peace and serenity of the lane. He asked that the City mitigate any impact of development in two ways: 1) provide access to the development off of Peabody Street, not Hillcrest, and 2) be aware of drainage concems. Carolyn Cooper, 302 Hillcrest Drive, broached issues regarding the purchase of the pastureland for future development. Prior to any improvements, Ms. Cooper stressed that the drainage problems should be addressed in order to avoid runoff problems for the existing homes. She also expressed concems regarding increase in traffic in their area with the potential widening of Hillcrest and other possible problems and traffic issues that may arise. Robert Eash, 336 Hillcrest Drive, began by stating that he also had permission to speak -3- 4535 CITY COUNCIL MEETING October 16, 2001 PUBLIC HEARINGS - for his neighbor, Corin Winters at 338 Hillcrest and for his wife, Marilyn O'Neal Eash. OTHER: (Cont'd) Recognizing that a development will take place, Mr. Eash added that he and the others would like see access come from Peabody Street and not Hillcrest for three reasons: Street Vacation Petition - drainage, traffic, and aesthetics. He further expressed concerns that if Hillcrest is paved, Hopfner - Portion of Grace less and less groundwater will filter into the water table. Street Ordinance No. 3101 Ed Hopfner, owner of the property under discussion, attested to his plans to develop the (Cont'd) area and assured residents that the plans are that public access will be from Peabody Street, not Hillcrest. His interest in the proposed street vacation under discussion is only an exchange of property to clarify title concerns. Director Collins, in response to the public testimony, affwrned that the issues expressed by the public speakers would be brought to the attention of the Council at the time that the property is developed. In answering a question from Councilman Hulett regarding the drainage issues, Mr. Collins responded that the drainage issues would have to be addressed at the time of development and would improve the problems rather than make them worse. Mr. Goldberg, returning to the podium, asked for clarification from the Council and Mr. Collins on the matter of widening and improving Hillcrest Drive. Mayor Doyle replied that the issue before the Council is only regarding exchange of property at this time. Mr. Goldberg stated that he is looking forward to working with the developer and Mr. Hopfner at a future time. There being no further public testimony and following a short discussion, Mayor Doyle closed the public hearing at 7:30 p.m. Mayor Doyle read the ordinance by title, entitled ORDINANCE NO. 3101 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of the Grace Street (now more commonly known as Peabody Street) right-of-way abutting Lot 14 of H. Maguire's Addition to Port Angeles. Attorney Knutson offered a correction to Page 2, Section 2, of the proposed Ordinance in that "having an equivalent value, which property," should be deleted because the properties are not of equivalent value. Councilmember McKeown moved to adopt the Ordinance as read by title, including the deletion as referenced by the City Attorney, subject to Conditions 1o 4 and citing Findings 1 - 13 and Conclusions A - H, as set forth in Exhibit "A', which is attached to and becomes a part of these minutes. Councilman Wiggins seconded the motion, which carried unanimously. Break Mayor Doyle recessed the meeting for a break at 7:35 p.m. The meeting reconvened at 7:55 p.m., and the Mayor introduced Jerry Lamb, MagnaForce, who wished to address the Council. Mr. Lamb expressed his gratitude to Tim Smith and Jim Haguewood for their work on behalf of the community. He read into the record a statement about his company's involvement in levitation without energy, something that has generated a great deal of interest by many concerns in the application to mass transit. His goals for Port Angeles are to stay focused on research and development and take logical steps in safety. Mr. Lamb continued the reading, mentioning the advantages of the LEVX System, usage of the system, and all possible users of the system. He further commented on the necessity of transforming the mode of transportation systems today and listed benefits of his system in solving problems. -4- CITY COUNCIL MEETING 4536 October 16, 2001 ORDINANCES NOT 1. 1991 and 1992 General Obligation Bonds and 1992 Electric Utility' Bond REQUIRING PUBLIC HEARINGS: Following Mayor Doyle's summary of the recommendation, Finance Director Ziomkowski summarized the necessity of refinancing the bonds in order to achieve a 1991 and 1992 General savings for the taxpayers and the electric utility customers of the City. She then Obligation Bonds introduced Mr. Steve Gaidos, the City's financial advisor. Ordinance No. 3099 Mr. Gaidos referenced talks with Seattle Northwest Securities and the negotiation of interest for the Bonds. He announced that the interest rates are competitive with the market and that the City is looking at a savings on the Electric Utility Bonds of $234,058.00 and a savings of $335,000.00 on the GO Bonds; overall, the actual savings are over $750,000 from the refinancing of the Bonds. Mr. Gaidos explained that the 1995 Electric Utility Bond would not be refunded at this time, as it would result in what is termed, negative arbitrage. The City would still be responsible for paying the principal and current interest up to the call date of the bond. When a bond is refunded, it is required that the principal amount be placed in escrow, and the resulting interest earned would not be sufficient in light of current interest rates at the Treasury market. He further pointed out the Treasury and Municipal market fluctuations and expressed his support of refinancing the three bonds now to take advantage of the savings. Councilmember Hulett inquired about the financial impact of the refinancing on the taxpayers. Director Ziomkowski explained the percentages involved, and following a short discussion, Mayor Doyle read the first Ordinance by title, entitled ORDINANCE NO. 3099 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance and sale of unlimited tax general obligation refunding bonds of the City in the aggregate principal amount of $2,995,000.00 to refund certain outstanding unlimited tax general obligation bonds of the City; authorizing the appointment of an escrow agent and the execution of an escrow agreement related to such refunding; providing the date and form of said bonds; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay the principal of and interest on the bonds; and approving the sale of the bonds. 1992 Electric Utility Bond Refinancing Councilman Itulett moved to adopt the Ordinance as read by title. Councilman Ordinance No. 3100 Campbell seconded the motion, which carried unanimously. Mayor Doyle read the second Ordinance by title, entitled ORDINANCE NO. 3100 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance of electric revenue refunding bonds in the principal amount of $2,560,000.00 to refund certain outstanding electric revenue bonds of the City; providing for the establishment of certain funds and accounts; making other covenants and agreements in connection with the foregoing; and authorizing the sale of such bonds. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion, which carried unanimously. RESOLUTIONS: None. -5- 4537 CITY COUNCIL MEETING October 16, 2001 OTHER 1. Lodging Tax Allocations - 2002 CONSIDERATIONS: Mayor Doyle summarized the packet memorandum, and Economic Development Lodging Tax Allocations Director Smith reviewed the proposed service and funding allocation components for 2002 2002 lodging taxes. Following a request by Councilman Wiggins, Chamber of Commerce Director Veenema explained the major changes, focusing on the comparisons between this year and the proposed 2002 funding, previous joint funding with the Visitor & Convention Bureau, and other changes beneficial to the City. Other aspects of the proposal covered the special events criteria for funding and the issue of performance reporting on a quarterly basis. In addition to the original presentation, Director Veenema reported the following additions: project updates on a quarterly basis, brochure development, and Olympic National Park visitation counts. Councilman Campbell complimented the Chamber on its work and progress on lodging tax issues, and Councilman Wiggins complimented Director Smith and Clerk Upton on their work on this committee. Following a brief discussion, Councilman Wiggins moved to accept the recommendation from the City Lodging Tax Advisory Committee providing for an allocation of 2002 lodging tax funds in the amount of $284,000 to the Port Angeles Chamber of Commerce and $10,000 to the City Parks & Recreation Department. Councilman Campbell seconded the motion, which carried unanimously. Special Meeting with Port 2. Special Meeting with Port of Port Angeles re. Conference Center of Port Angeles re. Conference Center Director Smith briefly addressed the proposals submitted to the City for a Downtown Waterfront Conference Center. The Request for Proposals included a commitment of Lodging Tax Funds towards a conference center. To date, two proposals have been received, both of which meet specifications. It has been suggested to conduct a joint Port/City meeting on October 24, 2001 at 6:30 p.m. for presentations of the proposals to the elected officials and the public. Following the meeting, the review process and negotiations could begin. After brief discussion, the Council agreed by consensus to set the joint meeting as recommended. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: City Manager's Calendar / Council Goals / Project Status Report: Manager Quinn mentioned the Downtown Forward meeting on October 22, 2001, at 7:30 a.m., and the re-scheduled meeting with the Victoria City Council for November 9, 2001. Mayor Doyle requested the City Council meeting of December 4, 2001, be moved to Monday, December 3, 2001. After no objections, the Council accepted the change in date. Manager Quinn inquired if the Budget Committee members could meet between the dates of October 23 and 25, 2001. They will contact the Manager's office this week to confirm their availability: Manager Quinn also made reference to the Parks & Recreation Department's Lodging Tax 3~d Quarter Report which brought in a large number of people because of the department's efforts. GASB 34 Following Manager Quinn's introduction, Finance Director Ziomkowski and Accounting Manager Asquith gave a powerpoint presentation on the new GASB 34 Accounting Procedures. Following a brief explanation by Director Ziomkowski, Manager Asquith described and explained the New GASB 34 Reporting Model. The Government Accounting Standards Board describes generally accepted accounting principles for state and local governments. Implementation is now required by December of 2002. Ms. Asquith pointed out the major features of the new process, -6- CITY COUNCIL MEETING 4538 October 16, 2001 GASB 34 (Cont'd) concerns and benefits of the new model, and an overview of the new format. Other areas covered in the presentation were the inclusion of two sets of statements in the new reporting, Capital Assets, Infrastructure and Long-Term Debt, and Required Supplementary Information. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 9:20 p.m. to discuss labor negotiations for 15 to 20 minutes. RETURN TO OPEN The meeting returned to Open Session at 9:47 p.m.. SESSION: ADJOIJRNMENT: The meeting was adjourned at 9:47 p.m. ~ar~'y ~)~'yl~5~or I.,///'~ B~cky J. uP~ Cit(A]Clerk- ]'- -7- 4539 THIS PAGE INTENTIONALLY LEFT BLANK Exhibit "A" 4540 RECOMMENDED CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF HOPFNER STREET VACATION PETITION - STV 01-04: Conditions: 1. The vacation is for only the westedy 30 feet of the Grace Street unopened right-of- way, except the south 30 feet, abutting Tax Lot 1786, H. Maguire's Addition to the Townsite of Port Angeles. 2. The City shall retain 70 feet of right-of-way west of the east curb line of Peabody Street. 3. The applicant shall exchange the 30 feet of property abutting the north side of Hillcrest Drive to the City for the westerly 30 feet of unopened Grace Street, except for the south 30 feet, which shall be dedicated as part of Hillcrest Drive. 4. The applicant shall sign a no-protest Local Improvement District agreement for the installation to City standards of a sidewalk on Peabody (Grace) Street right-of-way abutting Tax Lot 1786, H. Maguire's Addition to TPA. Findings: Based on the information provided in the Staff Report for STV 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. A petition for vacation of right-of-way was submitted by Edward A. Hopfner on August 10, 2001. 2. The proposed street vacation is for a portion of Grace Street abutting Tax Lot 1786 in H. Maguire's Addition to the Townsite of Port Angeles as shown on the map in Attachment C to the DCD Staff Report of September 26, 2001 3. The purpose of the street vacation is to clear title to Mr. Hopfner's property and to exchange unneeded right-of-way for needed right-of-way at the corner of Grace (Peabody) Street and Hillcrest Drive. 4. Peabody Street is an arterial street on the City's Circulation Plan Map and is a school walking route. 5. The Public Works Department had the following comments: a) It appears that there are no underground utilities affected by this request. Both water and sanitary sewer are adjacent or in Peabody Street. 4541 b) Public Works has no objections to this request as long as we can maintain a 70' right of way, measured from the east curb line of Peabody Street. c) The exchange of 30' right of way along Hillcrest Ave for 30' along Peabody Street will allow for future road and utility improvements. 6. The Fire Department and the Police Department have no objections to the proposed street vacation. 7. The topography of the unopened Grace Street and Hillcrest Drive rights-of- way and the abutting properties slope from north to south and from east to west allowing stormwater runoff to go toward Old Mill Creek via Hillcrest Drive. 8. There is no development proposed in association with this street vacation; however, in the past sidewalk improvements have been recommended because Peabody Street is a designated school walking route. 9. The subject property is designated as Low Density Residential (LDR) on the Comprehensive Plan Land Use Map and Residential Single Family (RS-9) ) on the City's Zoning Map. 10. The Community Development Department found the proposed street vacation as conditioned to be consistent with the Comprehensive Plan goals, policies, and maps. 1]. The vacating of a street is categorically exempt from a SEPA threshold determination and Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt... (h) The vacation of streets or roads." 12. Per the required publication and notification procedures, the site was posted, and notice of the action was published in the Peninsula Daily News on August 10, 2001, and no public comments were received during the publication and posting period. 13. This action constitutes a recommendation to the City Council, who have scheduled a public hearing for consideration of the petition at its October 16, 2001, regular meeting. Conclusions: Based on the information provided in the Staff Report for STV 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby concludes that: 4542 - As conditioned, traffic patterns on Peabody Street would not be affected by this vacation, and improvements for traffic on Hillcrest Drive could be made. A. As conditioned, the Iow density residential development patterns in the area will not be affected by the proposed vacation. B. Any future improvements to Hillcrest Drive would require stormwater improvements to City standards and protect Old Mill and Valley Creeks. C. The vacation of the proposed rights-of-way will not interfere with the public's health, safety or welfare so long as conditions retaining necessary rights-of- way and utility easements, including future storm drainage facilities, are required. D. The proposal helps to resolve questions about rights-of-way needed as well as not needed for future road and utility improvements. E. The proposal is consistent with the goals and policies of the City's Comprehensive Plan, specifically the following Comprehensive Plan policies have been found to be most relevant to the proposal: Land Use Policies B.1 and B.3, Transportation Goal A, Policies A.2 and A.3, Goal B, Policies B.11 and B.12, Utilities and Public Services Goal D, Policies D.1, D.5, and D.6, and Capital Facilities Goal B, Policies B.1 and B.2. F. The residential development pattern in this zone and vicinity will be enhanced, and the necessary rights-of-way will be retained for arterial street purposes and obtained for local access street and utility purposes in advance of new residential development in the area. G.Peabody Street is designated as a school walking route, and sidewalks should be planned at the time of development or LID formation. H. As conditioned, the street vacation and the right-of-way exchange are in the public interest. Adopted by the Port Angeles City Council at its meeting of October 16, 2001. B~cky-J. IL~~ity ~ler~ -- ~