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HomeMy WebLinkAboutMinutes 10/21/2008 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES/ PRESENT A TIONS: Donation from Elks for .Pickle Ball Court PUBLIC COMMENT: e 6329 CITY COUNCIL MEETING Port Angeles, Washington October 21, 2008 Mayor Braun calledthe regular. meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: None. Staff Present: Interim Manager Osterman, Attorney Bloor, Clerk Upton, G. Cutler, T. GaJlagher, D. McKeen, N. West, Y. Ziomkowski, T. Pierce, L. Kheriaty, R. Bonine, T. McCabe, L. Dunbar, J. Lafferty, and S. Roberds. Public Present: R. Johnson, R. Wheeler, B. Gundersen, D. Macias, L. Crowley, T. & S. Moore, S. Jester, E. & D. Brown, K. Beirne, M. Whalen, V. Hilken, A. Shaffer, J. LeBer, E. Tuttle, C. Jones, A. May, C. Lucero, G. & S. McLain, M. Kesl, F. Stratton, K. Fickas, J. Grable, P. Lamoureux, E. Petersen, C. & J. Oakes, R. Anderson, C. Bunch, J. Harmon, D. Shargel, J. Schouten, D. Heldt, L. Martin, K. Kassinger, S. Halberg, D. Young-Long, C. Rowland, J. Madison, D. Nouss, B. Lomax, D. Nelson, S. Schouten, E. Ryan, D. & M. Chance, J. Halberg, R. & R. Dickinson, G. McGiveron, L. Shames, and R. Moorhead. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Williams. I. Donation from Elks for Pickle Ball Court: Public Works & Utilities Director Cutler informed the Council of a $10,000 donation from the Elks Club to help fund the conversion of tennis courts located at Elks Park to pickle ball courts. Mayor Braun accepted the check from Vern Reidel of the Elks Club, who was accompanied by Eric Bloom, Elks National Foundation, and other members of the Elks Club. Finance Director Ziomkowski then accepted the check from Mayor Braun. Councilmember Perry moved to accept the donation from the Elks Naval Lodge #353 for the Elks Park tennis court modification project in the amount of $10,000. The motion was seconded by Councilmember Kidd and carried unanimously. Ed Tuttle, 3909 Old Time Place, addressed the matter offreedom of speech and asked for an explanation as to why he was not previously aJlowed to address the Council. He agreed to submit a letter requesting an explanation. Clint Jones, 555 Evans Road, Sequim, distributed information to the Council and discussed the value of an individual's vote in the presidential election. He proposed a change in the election system, indicating a direct voting method would be better. - 1 - I 6330 CITY COUNCIL MEETING October 21, 2008 PUBLIC COMMENT: (Cont'd) OTHER CONSIDERA nONS: Lodging Tax Recormnendations for Capital, Marketing & Events Jess Grable, who did not state her address, distributed and read information to the Council, discussing the health risks of fluoridation. She suggested the cessation of fluoride in the City's water system, feeling the health risks far outweigh breaking the contract for the fluoride. e Ron Richards, 124 Township Line Road, spoke in opposition to the formation of the Port Angeles HarborWorks Development Authority. He cited a number of issues and actions taken as relates to the Authority, feeling those actions should be reversed. He was concerned that public funds won't be spent wisely on the Rayonier site, that focus should be placed on the pool, and that the property should be condemned with the property value being determined in court. JR, who did not state his address, is the owner of the Blue Dolphin on Front Street. He has watched the construction ofthe Gateway, and he felt it has become a thing of beauty. He also expressed appreciation to the Police Department for its oversight in the downtown area. Peter Ripley, 114 E 6th, #102, provided the Council with a status report on the fund- raising activities of the Disabilities Trust Organization. Mr. Ripley attended the Governor's meeting on disabilities and employment. Jay Ketchum, 258663 Hwy. 101 W., Sequim, addressed the public cormnent portion of the meeting. He cited the 2nd and 5th Amendments, distributed a copy of the Appearance of Fairness Doctrine, and urged the Council to follow the Doctrine in the interest of avoiding conflict. Mr. Ketchum read from State law that disallows office holders from benefitting because of their office, citing one of Councilmember Rogers' clients. Councilmember Williams called for point of order, and Mayor Braun cautioned Mr. Ketchum in that he should not single out anyone Councilperson. Councilmember Williams departed the Council Chambers at 6:37 p.m. in objection to Mr. Ketchum's remarks. Mr. Ketchum felt the Council could make great changes in order to gain public trust. Paul Lamoureux, 602 Whidby, felt the Council should move staff recognitions to the front of the agenda. He then addressed the Port Master Plan, reviewing the history of Lincoln Park and the airport, feeling the City should have preference because the airport followed Lincoln Park in the time line. Mr. Lamoureux addressed a misleading newspaper article on the pool, discussing a previous proposal to expand City Hall to the west. He also addressed the potential costs for the Rayonier mill site, indicating the cormnunity cannot afford the clean-up. He then spoke in support of public cormnent at the Council meetings. Councilmember Williams returned to the Council Chambers at 6:50 p.m. 2. Lodging Tax Recommendations for Capital, Marketing & Events: Cormnunity & Economic Development Director West submitted the recormnendations of the Lodging Tax Advisory Cormnittee regarding the allocation of 2009 lodging tax funds for capital, marketing, and events, as follows: Capital Projects: $80,000 per year for two years for the Peninsula Trails Coalition / Olympic Discovery Trail- Dry Creek Bridge ($160,000 for two-year period); $18,000 for Jackson's Sign Art Studio / Interpretive Signs - Downtown & Waterfront Trail; and $11,175 for Jackson's Sign Art Studio / International Gateway Welcome Sign; for a total of$109,175. , Marketing, Events, and Recreation: $250,000 for marketing, $75,000 for event grants, and $60,000 for Park & Recreation tournaments, for a total of$385,000. Director West added $60,000 for the Visitors Center that was inadvertently not included in the total. e - 2 - e OTHER CONSIDERATIONS: (Cont'd) Lodging Tax Recommendations for Capital, Marketing & Events (Cont'd) Break WORK SESSION: Friends of the Field House Presentation e CITY COUNCIL MEETING October 21, 2008 6331 In addition, he noted that $20,746 is a reoccurring expense for the Sidewalk Loan Debt Service. The total amount recommended for the 2009 Preliminary Budget is $574,921. Councilmember Rogers, Chair of the Lodging Tax Advisory Committee, indicated that only a portion of that requested had been recommended for capital investment in light of the economy. She provided further information on the Gateway welcome sign which will be located at the Blackball Transport building. It is not a project expense. Jackson Smart, 472 Mt. Pleasant Rd., advised the Council that the welcome sign will be located on the north end of the Coho warehouse building. The art is a replica from the original City plat map in the Library of Congress. Councilmember Perry indicated the Port Angeles Business Association is supportive of the sign. Councilmember Perry moved to concur with the recommendations of the Lodging Tax Advisory Committee and direct staffto incorporate the recommendations into the 2009 Preliminary Budget. Councilmember Kidd seconded the motion, which carried unanimously. Mayor Braun recessed the meeting for a break at 6:58 p.m. The meeting reconvened at 7:11 p.m. 3. Friends of the Field House Presentation: Interim Manager Osterman advised the Council that James Schouten, Chairman of the Friends of the Field House, was present to request City Council approval for the placement of the 35,000 square foot air-supported structure (the Bubble) on City-owned property at Erickson Park. James Schouten, 4618 Old Mill Road, referenced the documents contained in the Council packet, providing background information on the air-supported recreational structure and speaking of the benefits and opportunity for an indoor recreation facility without an additional burden on the taxpayers. He formally asked for partial use of Erickson Park for the citing ofthe facility, indicating the YMCA has preliminarily endorsed serving as operator of the facility if it is located at Erickson Park. Mr. Schouten reviewed the site review process for those areas that were considered for placement of the structure, and he itemized reasons why they were no longer being considered. He addressed the attributes of Erickson Park, noting that 92% of comments received at their public meeting were favorable for Erickson. Mr. Schouten reviewed the proposed site plan and elevation diagram, as well as the contract proposal. He urged the Council to support this cooperative partnership and spoke in support of a quality of life upgrade, addressing its association with the City's Comprehensive Plan. Mr. Schouten also addressed the need for lodging tax funds in support of the project. Roger Wheeler, 514 Erving Jacobs Road, President of Jr. Babe Ruth, discussed the volunteer effort that went into Volunteer Park. He felt the same type of volunteer effort could happen for the Bubble, and he addressed the need for more things for kids and adults to do in the community. Mr. Wheeler spoke in support of the YMCA proposed management with citing the facility in the recreation corridor at Erickson Park. The Mayor opened the floor to discussion by the Council, and Director West asked that the Council focus only on the use of City property, not land use details of the structure. Attorney Bloor agreed, as there is a specific issue because of permits that may require future Council approval in a quasi-judicial setting. He indicated the property could be made available on the condition that the applicant acquire the appropriate permits. Discussion ensued on such matters as potential funding, in-kind labor, donations, and the use of lodging tax funds. Mr. Schouten provided clarification, and Councilmember Rogers eXplained previous consensus to provide $150,000 in lodging tax funds for a permanent field house that was being proposed at the time. That project has since been - 3 - I 6332 CITY COUNCIL MEETING October 21, 2008 WORK SESSION: (Cant' d) Friends of the Field House Presentation (Cont'd) PUBLIC HEARINGS - OTHER: William Shore Memorial Pool Fee Schedule Ordinance Ordinance No. 3344 removed from the lodging tax project list. She indicated the law specifies the use of lodging tax funds must be based on tourism or heads in beds. The Bubble wouldn't qualify for spectators due to the lack of fire sprinklers, so it wouldn't be eligible for lodging tax funds. The Councilmembers provided commentary on the use of the recreation corridor, the distinctions of the surrounding areas, and the possible use of Jessie Webster Park. Concern was expressed about the experiences of families at the Dream Playground, and the fact that many members of the public are supportive of the use of Volunteer Park, but not Erickson Park. Concern was also expressed as to the timing of the Council's consideration of the siting of the Bubble, as more information is needed on a number of outstanding issues. Interim Manager Osterman indicated the proj ect was brought forward upon receipt of a letter of appeal from Mr. Schouten in the process he was told to follow. He felt it was the Council's prerogative to table the matter, pending the receipt offurther information. Councilmember Rogers moved to table the matter of siting the facility. Councilmember Williams seconded the motion. Following further brief discussion, a vote was taken on the motion, which carried 5 - 2, with Deputy Mayor Wharton and Councilmember Di Guilio voting in opposition. e 4. William Shore Memorial Pool Fee Schedule Ordinance: Public Works & Utilities Director Cutler presented proposed changes to the William Shore Memorial Pool fee schedule, to be effective November 1,2008. Although it is difficult to determine how much revenue will be generated, he felt there was a potential for $60,000 per year; the pool is currently projected at an operational deficit of$400,000. Director Cutler advised the Council that adoption of the Ordinance this evening would require the Council to waive the second reading. Deputy Director of Recreation Bonine indicated he and Aquatics Manager Lafferty were available to answer questions. Mayor Braun opened the public hearing at 8:09 p.m. Pat Gilbert, 2420 Woodside Circle, a user of the pool, indicated he struggles to make ends meet. He asked how long the new fees would be in effect when things could change yet again in March. He indicated he didn't have the money to give. Linda Crowley, 1614 W. 12th Street, spoke as a Past President of the Port Angeles Swim Club, a U.S.A. swimming official, a starter and referee, a Sequim High School teacher, and as an unsuccessful applicant for the Parks, Recreation & Beautification Commission in supporting the increase to keep the pool open. Charles LeBer, 401 Whidby, compared the local economy to that at the national level, stating he was uncertain as to how much revenue would be generated by the fee increase. He felt the pool users can least afford an increase, as the town can't afford much. He stated the benefits of any increase would be negligible, and he asked that institutional groups, such as the Coast Guard, be approached to pay more in fees. Scott Moore, 2313 E. 4th Avenue, indicated he and his daughter are swimmers and members of the Swim Club. He indicated that pools don't make money, and some other public pools are under consideration for closure. He felt that if higher fees would help keep the pool open, then he would do his part by supporting the increase. However, he acknowledged the increase may result in decreased usage of the pool. Melissa Dozier, 1211 E. 4th Street, agreed with the previous speaker and supported the higher fees. Greg Shield, 537 W. 3rd Street, uses the pool, which is the only facility with a line up early in the morning. The pool is used all day long by all ages, is used for health reasons, and is good for the community. He felt that if it costs more, then he would support the increase. However, Mr. Shield felt taxes are intended to support the pool, and the citizens should not have to get into all forms of user fees. e - 4 - e PUBLIC HEARINGS - OTHER: (Cont'd) William Shore Memorial Pool Fee Schedule Ordinance Ordinance No. 3344 (Cont'd) WORK SESSION: (Cont'd) Port Angeles School District Levy - Proposition No.1, Capital Projects Technology Levy Resolution No. 15-08 Dive Park Presentation e CITY COUNCIL MEETING October 21, 2008 6333 There being no further testimony, Mayor Braun closed hearing at 8:23 p.m. Deputy Mayor Wharton moved to waive the second reading of the Ordinance. The motion was seconded by Councilmember Perry. Following brief discussion, a vote was taken on the motion, which carried 5 - 2, with Councilmembers Rogers and Williams voting in opposition. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3344 AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to fees for use of William Shore Memorial Pool. Councilmember Perry moved to adopt the Ordinance as read by title. The motion was seconded by Deputy Mayor Wharton. Brief discussion ensued as to the anticipated revenue to be generated and the potential loss of users. Councilmember Williamsindicated he would vote against the motion, as this issue has been on the radar screen for several years and a 50% increase wouldn't come close to saving the pool. He wanted a total package placed under consideration. A vote was taken on the motion, which carried 5 - 2, with Councilmembers Rogers and Williams voting in opposition. I. Port Angeles School District Levy - Proposition No. I, Capital Projects Technology Levy: Cindy Kelly, 2830 W. Edgewood Drive, President of the Port Angeles School Board, thanked the Council for receiving public comment on the proposed Technology Levy, feeling the levy is important to the future of education in Port Angeles. Andrew May, 483 W. Ridge Road, Co-Chair of the Technology Levy, expressed his strong support for the levy. As the father of two sons, he felt that students who don't graduate with the best of technological skills will be considered illiterate. The levy has been supported by a variety of agencies and organizations, and Mr. May stated the question is whether Port Angeles wants to be a vibrant community with progressive schools and excellence in education. He urged the Council's support of the levy. Mayor Braun asked if anyone else in the audience wished to address the Council, pro or con. There was no further input. Councilmember Rogers stated, for the record, that she is an active member of the technology levy campaign. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 15-08 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, in support of the Port Angeles School District No. 121 Capital Projects Fund technology levy for the 2009-2013 school years. Councilmember Rogers moved to pass the Resolution as read by title. Deputy Mayor Wharton seconded the motion, which carried unanimously. 2. Dive Park Presentation: Bill Roberds, representing a group of recreational divers, presented the concept of a dive park in the Port Angeles harbor. The dive park would have natural and artificial reef structures attracting a variety of species and plants. He noted there are several dive parks in the State that provide recreational opportunities and tourism important to the - 5 - I 61334 CITY COUNCIL MEETING October 21, 2008 Dive Park Presentation (Cont'd) Break CONSENT AGENDA: PUBLIC HEARINGS - OTHER: (Cont'd) Solid Waste Rates Ordinance No. 3345 & No. 3346 communities. Mr. Roberds indicated a lease must be entered into with the Department of Natural Resources for the area in the vicinity of the "A" frame building currently being mitigated. He indicated local divers could maintain the park, and he envisioned a wonderful fisheries opportunity could be created for high school and college students. Mr. Roberds showed pictures of current species located in the harbor, as well as slides depicting the proposed dive park boundaries, parking access, and the public restrooms nearby. He felt the location offered ideal tides and current and would be a good fit with the harbor. Mr. Roberds further expanded on the benefits that could be realized in terms of creating a protected marine habitat, a partnership of marine environment and public recreation, as well as a year-round recreational opportunity. He also addressed the educational element with the Art Feiro Marine Lab, Peninsula College, and the High School. He explained the design ofa dive park in terms of marine trails and habitat and stated the hope that a derelict vessel could be incorporated in the park. He emphasized there would be no cost to the City other than emptying a trash can in the parking lot. He asked that the Council approve the efforts of the Parks Department in making the dive park become a reality. e Discussion followed on matters related to liability and longevity of the park. Interim Manager Osterman indicated the City would seek input from WCIA on the liability issue. Following further discussion, Councilmember Williams moved to grant preliminary approval for staff to work with Mr. Roberds and the diving enthusiasts in the permitting process of the dive park and return to the Council for formal approval. The motion was seconded by Councilmember Perry and carried unanimously. Mayor Braun recessed the meeting for a break at 8:54 p.m. The meeting reconvened at 9:05 p.m. Deputy Mayor Wharton moved to place Agenda Item F.l., G.l., and all of the Finance Agenda on the Consent Agenda. Councilmember Perry seconded the motion, which carried unanimously. Deputy Mayor Wharton moved to accept the Consent Agenda, to include: 1.) City Council Minutes of Octo bet 7,2008; 2.) Expenditure Approval List from 09/27/08 to 10/10/08 for $1,783,344.31; and 3.) Medic 1 Rate Adjustment, Set Public Hearing for November 4,2008; 4.) Identity Theft Prevention Program (Resolution No. 16-08); 5.) Port Angeles Downtown Association (P ADA) 2008 Agreement; 6.) Olympic Discovery Trail Paving Project; 7.) IT Air Conditioning Contract; 8.) New World Systems Software Upgrade (Resolution No. 17-08); and 9.) L Street & 18th Street Pavement Repairs. Councilmember Perry seconded the motion, which carried unanimously. 1. Solid Waste Rates: As a follow-up to the public hearing conducted at the previous Council meeting, Deputy Director of Power Systems Dunbar briefly reviewed the current and proposed solid waste collection and transfer station rates, to include the phased in cost of service through 2011. He noted that, due to notification requirements, the transfer station adjustments would be effective on January 5, 2009. He also summarized public comments made during the hearing and responded to questions posed by the Council. Mayor Braun continued the public hearing at 9: 18 p.m. There being no public testimony, the public hearing was closed at 9: 18 p'.m. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3345 AN ORDINANCE of the City ofPort Angeles, Washington, revising Chapter _ 13.54 of the Port Angeles Municipal Code relating to Solid Waste Collection Rates. - 6 - PUBLIC HEARINGS - OTHER: (Cont'd) e Solid Waste Rates Ordinance No. 3345 Ordinance No. 3346 Electric Rates Ordinance No. 3347 Ordinance No. 3348 e CITY COUNCIL MEETING October 21,2008 6335 Councilmember Rogers moved to adopt the Ordinance as read by title. The motion was seconded by Deputy Mayor Wharton. Brief discussion was held on the merits of moving trash containers to the same side of the street for pick up. Director Cutler indicated this suggestion could be given future consideration. A vote was taken on the motion, which carried unanimously. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3346 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.57 of the Port Angeles Municipal Code relating to Solid Waste Processing Facility Rates. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. Council member Di Guilio seconded the motion, which carried unanimously. 2. Electric Rates: Deputy Director Dunbar followed up on the public hearing held at the last City Council meeting, at which time the recommendation was made for no rate adjustment for the Electric Utility. Certain housekeeping amendments were recommended, as well as adjustments to the electrical work permit fees wherein full cost recovery is recommended in a phased approach over the next three years. Deputy Director Dunbar reviewed public comment submitted and noted the 2010 projected rate adjustment is in the range of3-4%. He also discussed the Rayonier Transmission line renovation. Mayor Braun continued the public hearing at 9:28 p.m. There being no public testimony, the public hearing was closed at 9:28 p.m. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3347 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapters 13.10 and 13.12 of the Port Angeles Municipal Code relating to Electricity - Service and Charges. . Councilmember Perry moved to adopt the Ordinance as read by title. Councilmember Di Guilio seconded the motion. Discussion ensued on the merits of the increased electrical work permit fees, something that Director Cutler indicated was communicated to the electrical contractors with no objection having been brought forward. A vote was taken on the motion, which carried 5 - 2, with Councilmembers Kidd and Williams voting in opposition. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3348 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 3.70 and Chapter 14.05 of the Port Angeles Municipal Code relating to Electrical Code Inspection and Permit Fees. Councilmember Perry moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Kidd and carried 6 -1, with Councilmember Williams voting in opposition. ,'.~ .' . . \,. - 7 - I 6336 CITY COUNCIL MEETING October 21, 2008 PUBLIC HEARINGS - OTHER: Conununity Development Block Grant (CDBG) - Grant Application Resolution No. 18-08 LATE ITEMS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: PUBLIC HEARINGS- QUASI-JUDICIAL: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: 3. Community Development Block Grant (CDBG) - Grant Application: Director West sununarized the three-way partnership between the Housing Authority of the County ofClallam, Serenity House, and Habitat for Humanity in seeking the $750,000 grant to be used by the Habitat for Humanity for infrastructure improvements in the development of a multi-agency affordable housing project known as Maloney Heights. He noted the availability of an informational handout describing the CDBG Block Grant Program. Upon completion of the public hearing, he reconunended the Council pass the Resolution. e Mayor Braun continued the public hearing at 9:34 p.m. There being no testimony, the public hearing was closed as 9:34 p.m. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 18-08 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, authorizing submission of an application for a general purpose Conununity Development Block Grant and conunitting to comply with all required regulations. Deputy Mayor Wharton moved to pass the Resolution as read by title. Councilmember Rogers seconded the motion. Discussion ensued, and the question was raised as to the location of the proj ect. Kay Kassinger, Housing Authority, 2603 So. Francis Street, informed the Council that Maloney Heights is located between 16th and 18th Streets and "N" and "0" Streets. She explained there will be a combination of parcels for the project. A vote was taken on the motion, which carried unanimously. None. None. None. None. None. Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive Session for approximately 15 minutes under the authority ofRCW 42.30.140(4), planning the position to be taken in collective bargaining, with no action to follow. The Executive Session convened at 9:38 p.m., and at 9:53 p.m., the Executive Session was extended for an additional 10 minutes by announcement of the Mayor. The Executive Session concluded at 10:03 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 10:03 p.m. =0~ Gary Braun ayor . - bo~'X?~. VPW-^- Becky J. Up, Clerk - 8 -