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HomeMy WebLinkAboutMinutes 11/01/2004 5452 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington November 1, 2004 CALL TO ORDER - Mayor Headrick called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 5:30 p.m. EXECUTIVE SESSION: Mayor Headrick announced the need for an Executive Session for one-half hour under the authority of RCW 42.30.110(i), to discuss with Legal Counsel matters relating to agency litigation or potential litigation. The Executive Session convened at 5:30 p.m. in the City Council Caucus Room. RETURN TO OPEN The Executive Session concluded at 6:03 p.m. SESSION: CALL TO ORDER - Mayor Headrick called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:04 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson [Arrived at 5:55 p.m.], Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, S. Johns, S. Roberds, and B. Coons. Public Present: C. Schramm, P. Lamoureux, T. Ahlgren, A. & J. Todd, A. Gilson, L. Jardine, D. Tschimperle, C. Kidd, J. Hordyk, J. Childers, J. & J. Reynolds, and D. Shargel. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Erickson. ALLEGIANCE: PUBLIC CEREMONIES, Carol Johnson, Clallam County Fair Board, and Russ Veenema, Port Angeles PRESENTATIONS AND Chamber of Commerce - Progress Update on Covered Arena Project: PROCLAMATIONS: Russ Veenema, Executive Director of the Chamber of Commerce, and Carol Johnson, Progress Update on Clallam County Fair Board member, were present to inform the Council of efforts Covered Arena Project underway to construct a covered arena at the Clallam County Fairgrounds to enhance tourism and special events in the area. The proposal has been discussed with County Commissioners and staff, as well as private individuals, and the level of interest has been extremely positive. Carol Johnson, 123 Henry Boyd Road, informed the Council that John and Ann Todd, Sequim, were also present as supporters of the covered arena proposal. Mrs. Johnson indicated a group involving horse show and dog show enthusiasts has been working on this proposal for over two years, and she shared with the Council a drawing of how the arena could be designed. The Fairgrounds is already an agricultural facility, and the -1- 5453 CITY COUNCIL SPECIAL MEETING November 1, 2004 PUBLIC CEREMONIES, activities would be more agricultural or equipment in nature. Mrs. Johnson described PRESENTATIONS AND the drawing in further detail in terms of what would be housed in the arena. The goal PROCLAMATIONS: is to keep the project under $1 million, and it is intended to avail the project of as many (Cont'd) funding options as possible, such as State and Federal funding and low interest loans. She felt this would be a great opportunity to bring in outside and local activities and Progress Update on events. The County is working on engineering at the grounds to determine feasibility Covered Arena Project for the site. Responding to an inquiry from Councilmember Munro, Mrs. Johnson (Cont'd) indicated the arena would be sited at the location of the existing 4-H arena on the southeast end of the Fairgrounds. She explained that a portion of the facility would penetrate into the buffer to the east beyond the current borders of the Fairgrounds, adding that a covered arena would be a significant improvement to the Fairgrounds and would increase the number of shoulder season events in the City. Councilmember Braun suggested that consideration be given to the inclusion of an ice skating facility in conjunction with the covered arena. Discussion followed, and Mrs. Johnson felt that events scheduled for the arena would be held at the same time the public wouldwant to commence ice skating. Councilmember Braun, however, pointed out that an ice skating facility could be adjacent to this facility, which prompted discussion as to parking needs. Mrs. Johnson expressed a willingness to consider the possibility of the ice skating rink. Discussion then centered around the types of events that could be held, and Mrs. Johnson and Mr. Veenema shared information garnered from other communities that benefitted by having a covered arena. Mayor Headrick expressed appreciation for the report submitted and asked that the group keep the City Council informed as the project progresses. WORK SESSION: None. LATE ITEMS TO BE Councilmember Erickson requested discussion on the City's restructuring effort,and PLACED ON THIS OR Manager Quinn offered to provide a report to the Council at its next meeting. FUTURE AGENDAS & PUBLIC COMMENT: Paul Lamoureux, 602 Whidby, reiterated past comments on the matter of value received for dollars spent. With family wage jobs decreasing over the years, he felt the City must continue to adjust accordingly. Peter Ripley, 114 E. 6t~, #102, referenced the proposed site for an alder mill in the vicinity of the airport, expressing the opinion that mills do not have longevity and' should not be promoted. He felt that mills ultimately add to unemployment, and he suggested consideration be given to more stable types of industry, such as high tech, manufacturing, or service. Ann Gilson, 1111 Olympus Avenue, supported adoption of the new Animal Control Ordinance. As Chair of the County's Animal Issues Advisory Committee, Mrs. Gilson endorsed the uniformity between the City and County ordinances in terms of public understanding, and she supported a partnership between the two agencies for animal control. FINANCE: None. CONSENT AGENDA: Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council Minutes of Special Council Meeting of October 18, 2004; 2.) Expenditure Approval List - October 22, 2004 - $502,654.11; and 3.) School Resource Officer Contract. The motion was seconded by Councilmember Rogers, which carried 5 - 0. Councilmembers Erickson and Williams abstained from the vote on the October 18, 2004, minutes due to absence from the meeting. CITY COUNCIL None. COMMITTEE REPORTS: -2- CITY COUNCIL SPECIAL MEETING 5454 November 1, 2004 RESOLUTIONS: None. ORDINANCES NOT 1. Presentation of Proposed New Animal Control Ordinance: REQUIRING PUBLIC HEARINGS: Police Chief Riepe advised the Council that two individuals who assisted with the Animal Control Ordinance were present this evening, Dr. Chuck Schramm and Joe New Animal Control GirardfromtheLawEnforcementAdvisoryBoard. It is recommended that the Council Ordinance adopt the Ordinance this evening. Chief Riepe reviewed some of the components of the Ordinance, such as inherently dangerous animals, hunting, dangerous and potentially dangerous dogs, dog and cat licensing, control of dogs and cats, impound procedures, enforcement/penalties, and animal cruelty. He reiterated the Ordinance was made to be consistent with the County ordinance, as a parmership between the two agencies is desirable for animal control purposes. ChiefRiepe indicated the Ordinance was reviewed and endorsed by the Health and Safety Committee, the Law Enforcement Advisory Board, and area veterinarians. Councilmember Erickson directed attention to the portion of the Ordinance having to do with animal cruelty, wherein the penalty imposed is a misdemeanor. She felt the clause was in conflict with State law where certain animal cruelty penalties are Class C felonies. Lengthy discussion followed as to the regulations that would prevail, and Councilmember Erickson indicated her preference to not adopt the Ordinance until such time as it has been made consistent with State law. Attorney Bloor delineated certain changes made to the Ordinance since last reviewed by the Council, noting the Zoning Code issues had been removed, certain language was improved, and the City Clerk and Code Reviser were given authority to make any necessary corrections. Also, language was changed so that retractable leashes could be used as long as they held the animal to a distance of no more than six feet. Attorney Bloor reviewed other components of the Ordinance and advised the Council that alternative fees with regard to dogs and cats would be provided to the Council for consideration. Discussion ensued regarding retractable leashes, the definition of hunting, and the shooting of dangerous animals by law enforcement or wildlife officers. Mayor Headrick indicated the Ordinance would be deferred to the next meeting, pending further input from staff. New Motorized Foot 2. Presentation of Proposed New Motorized Foot Scooter Ordinance: Scooter Ordinance Ordinance No. 3172 ChiefRiepe reviewed the proposed Ordinance on motorized foot scooters at the last Council meeting; it is recommended the Ordinance be adopted this evening. He again delineated the key regulations, and Attorney Bloor informed the Council that some of the language had been revised for ease of reading, but the concepts had not changed. A1 Gustafson, 1661 Wabash, cited past experiences with individuals on motorized foot scooters where dangerous situations had been created, and he supported the adoption of the Ordinance in the interest of citizen protection. He felt the Ordinance contained all of the necessary language and regulation. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3172 AN ORDINANCE of the City of Port Angeles, Washington, relating to the use of motorized foot scooters and similar devices, and creating a new chapter, Chapter 10.24, of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Pittis. Various members of the Council spoke in support of the Ordinance, and Chief Riepe indicated a very comprehensive -3- 5455 CITY COUNCIL SPECIAL MEETING November 1, 2004 New Motorized Foot educational program will be undertaken in order to make the public aware of the new Scooter Ordinance regulations. A vote was taken on the motion, which carried unanimously. Ordinance No. 3172 (Cont'd) PUBLIC HEARINGS - None. QUASI-JUDICIAL: Break Mayor Headrick recessed the meeting for a break at 7:06 p.m. The meeting reconvened at 7:14 p.m. PUBLIC HEARINGS - 1. Street Vacation Petition - STV 04-01 - Reid - Portion of 16/17 ,4lley East of OTHER: ",4 "Street in Block 444: Street Vacation Petition - CommunityDevelopment Director Collins informed the Councilthere were still issues STV 04-01 - Reid - being resolved with regard to access. He recommended that the public hearing be Portion of 16/17 Alley opened and continued to November 16. Mayor Headrick opened the public hearing at East of"A" Street in 7:16 p.m. Block 444 Butt Reid, 919 W. Lauridsen Boulevard, informed the Council he had purchased property in Block 444, due north of the new City Light building at the top of the Track Route. His property is located between the Truck Route and "A" Street, and the alley being requested for vacation runs through his property. Because the Light Industrial zone has rather significant setbacks, Mr. Reid would like the vacated property in order to consolidate his property. Also, he noted there are fragments of City property in the vicinity, and he has been working with staffto get that property surplussed so he could further consolidate the property. Mr. Reid indicated that "A" Street was vacated in 1993 and later blocked off to the north, as it was residential in nature and would not serve as a good access point from a Light Industrial zone. Therefore, the property was left somewhat landlocked and, in looking at possible access points, everyone has agreed that access to the Truck Route is not adequate. Mr. Reid has been working with staff to open a portion of"A" Street for access to Lauridsen, and he was hopeful to have something ready for the Council's consideration at the next meeting. Councilmember Braun inquired as to a secondary emergency access, and Mr. Reid indicated he would like access to the north, which is something condoned by the Fire Marshal in the interest of having as many emergency accesses as possible. Mayor Headrick then continued the public hearing to November 16, 2004. 2005 Wastewater Rates 1. 2005 Wastewater Rates: Public Works & Utilities Director Cutler, with the use of PowerPoint slides, reviewed for the Council the DOE requirement to control CSO's to one overflow per year per location by 2015. In the CSO Reduction Plan that was approved by the Council, improvements in the amount of $31.7 million were established as a goal to be accomplishedby 2029. Director Cutler added that the Plan was forwarded to the DOE but, as yet, no response has been forthcoming. The Plan also included a yearly $2.00 per month rate increase per equivalent residential unit in order to fund capital projects set forth in the Plan. The increase of $2.00 would be implemented as of January 1, 2005, and Director Cutler reviewed the new rates for those residents using less than 430 cubic feet and for those using more than 430 cubic feet. He also reviewed the commercial rates, emphasizing the fact that the rate increase is intended to fund capital projects only; none of the revenue generated by the increase would be used for operations and maintenance. He recommended that the public hearing be opened, public testimony taken, and the hearing continued to November 16. In responding to an inquiry from Councilmember Munro, Finance Director Ziomkowski estimated that revenues could approach $280,000. Councilmember Pittis -4- CITY COUNCIL SPECIAL MEETING 5456 November 1, 2004 2005 Wastewater Rates asked if the $2.00 would be compounded every year, and Director Cutler indicated it (Cont'd) would. He informed the Council that the 2005 Budget includes a rate study for late spring for both Water and Wastewater. He responded to Councilmember Erickson that the planned rate increases would be sufficient to meet the capital funding requirements in the CSO Reduction Plan, and he was confident the DOE would approve the extension requested. Councilmember Rogers stressed that the City's efforts are mandated by DOE, and the reason for the extension is because funding the required capital over a shorter term would place a hardship on the community. Mayor Headrick opened the public heating at 7:28 p.m. Peter Ripley, Port Angeles Journal, asked if this was the same subject matter addressed by the Council in 2003, and Councilmember Rogers indicated that was related to stormwater. Paul Lamoureux, 602 Whidby, speaking on behalf of residents in his neighborhood, submitted a proposal for alternative wastewater rates. He felt that the recommendation promotes fair and balanced value to the average City water user, it gives the City an incentive to want to provide a fair and more balanced service fee for the average wastewater user, and it encourages daily water conservation by higher than average water users to reduce their monthly wasted water usage which will then reduce their utility costs. He conducted a survey of water usage, incorporating usage figures provided to himby City staff and a City Council member. Based on 12 samplings from diverse users, Mr. Lamoureux concluded that the average water usage is actually 758 cubic feet, as opposed to the current base of 430 cubic feet. Mr. Lamoureux submitted the following proposed rates: a wastewater flat rate of $33.00 for a base of 0 - 500 cubic feet; $37.00 for 501 - 1000 cubic feet; $38.00 for 1001 - 1500 cubic feet; and $39.00 or $40.00 for above 1501 cubic feet. As an alternative, he also proposed a $33.60 base fee for 0 - 750 cubic feet; $38.25 for 751 - 1500 cubic feet; and $39.25 for over 1501 cubic feet residential consumption. Mr. Lamoureux then listed the average water consumption for his neighborhood, various City facilities, and various schools. Mr. Lamoureux suggested that the City consider cutting non-essential employees and seek the assistance of City residents in a volunteer effort to clear debris from gutters and manhole covers. He then distributed copies of his proposal to the Council. Mayor Headrick announced that the public hearing would be continued to November 16, 2004. Councilmember Pittis suggested that staff check previous cost of service studies to determine the means by which the current rate structure was established. Manager Quinn indicated that Mr. Lamoureux' plan would constitute a change to the rate structure; the City had planned to bring this type of proposal forward in 2005. This particular increase is related only to funding the CSO Plan, but Mr. Lamoureux' proposal could be considered. Director Cutler informed the Council that he could not attest to Mr. Lamoureux' numbers, and Director Ziomkowski suggested that numbers identified for the High School might relate to the fact that there are a number of meters at that location. Budget Hearing on 2. Budget Hearing on Revenue for Year 2005: Revenue for Year 2005 In presenting projected revenues for the 2005 Budget, Director Ziomkowskinoted the City has experienced the most positive growthin the last several years. With the use of PowerPoint slides, she announced a revenue increase of 1.47% with the use of $3.3 million in reserves. Revenues budgeted for 2005 are $76,237,452, with $14,768,615 in the General Fund which constitutes of 5.4% increase. Director Ziomkowski explained that General Fund revenues increased in a large part due to tax revenues, $300,000 of which is projected from the graving dock. Reviewing the projected property tax regular and special levy, Director Ziomkowski indicated the total levy would be $4,141,171 for a rate of $3.59 per $1,000 assessed valuation, which constitutes a $33 decrease as compared to 2004. The property tax includes an assumed -5- 5457 CITY COUNCIL SPECIAL MEETING November 1, 2004 Budget Hearing on increase of 10% in the assessed valuation of property. Revenue for Year 2005 (Cont'd) Director Ziomkowski then reviewed projected tax revenues for the General Fund, explaining all in detail. She added that interest revenue is projected at $125,000, which is the same figure budgeted for 2004 in view of current market conditions. Other revenue increases that were incorporated into the Budget include a comprehensive review of the City' s fees and charges for services; such a comprehensive review has not been conducted since 1996. Director Ziomkowski then delineated revenue projections for the Street Fund, gas taxes, lodging taxes, and PenCom, which will realize $650,000 plus $250,000 from 25% capital reserves as a resuk of the recently approved sales tax. In addition, PenCom will obtain over $500,000 from the 9-1-1 revenues. Noting that almost $40 million or 52% of the City's revenues are derived from utility rates, Director Ziomkowski itemized projected revenues from utility collection, the Electric Utility, Water, Wastewater, Solid Waste Collection, Landfill, Internal Service Funds, and the Fine Arts Center. Councilmember Rogers informed the Council that the Lodging Tax Advisory Committee has been considering the ability to plan for capital improvements, and a subcommittee has been working on formulating a recommendation for capital projects. Thus far, the subcommittee has been unable to reach consensus, but it is expected that a recommendation will be forthcoming. Knowing that the Council would like to see capital investment that is tourism related, the Lodging Tax Advisory Committee has adhered to a one-third, one-third, one-third split of lodging taxes in terms of marketing, events, and capital. Mayor Headrick opened the public hearing at 8:12 p.m. There was no public testimony. Director Ziornkowski then provided a review of the property tax levy, explaining in detail the regular levy, the special levy, and the refund levy which is related to Nippon Paper's refund of past taxes paid and subsequently refunded. She reviewed the calculations related to the levies, reiterating a total levy of $4,141,171 or $3.59 per $1,000 assessed valuation, which compares to the 2004 rate of $3.80 per $1,000 assessed valuation. Director Ziomkowski explained the factors that will contribute to a decreased assessment per $1,000 based on the assumption of a 10% increase in assessed valuation and $9 million in new construction. Director Ziomkowskirecommended that the public heating be continued to November 16, 2004, at which time she would ask for approval of the property tax levy, as well as the Fees Ordinance. Councilmember Rogers, recalling Councilmember Munro's challenge to look for savings in the 2005 Budget, felt the City has continued to advance in the area of technology but has not taken advantage of the automatic deposit capability for payroll. She recommended that the Council consider adopting a policy for automatic deposits for all payroll checks. Discussion ensued, and it was pointed out that the City offers the employees four different automatic deposit options in terms of checking, savings, and the like. Director Ziornkowski, speaking in support of the proposal, felt that such a policy would provide better internal control and improved fraud protection. After further discussion, the Council agreed that staff should bring a Resolution back to the next meeting, implementing the proposed policy that could take effect as of January 1, 2005. Mayor Headrick continued the public hearing to November 16, 2005. Break Mayor Headrick recessed the meeting for a break at 8:41 p.m. The meeting reconvened at 8:51 p.m. -6- CITY COUNCIL SPECIAL MEETING 5458 November 1, 2004 Surplus Park Property 3. Surplus Park Property: Mayor Headrick opened the public hearing at 8:51 p.m. Parks Director Connelly indicated that staff had provided comprehensive information relative to the proposal to surplus two park properties. He summarized a presentation made at the previous Council meeting, at which time he noted the discussion of potentially surplussing park properties had commencedduring consideration of the Capital Facilities Plan. Various park facilities are in need of infrastructure improvements and, with added responsibilities for new parks, it was felt that some properties could be surplussed in order to provide needed resources to fund the necessary improvements. Director Connelly indicated that staff did a thorough analysis of the entire parks system, identifying the different neighborhood and community parks. He indicated there is a one-third mile service area for neighborhood parks, all of which should be relatively close in terms of walking distance. Some parks are not eligible for surplus in view of deed restrictions or perceived restrictions when a park has been named after an individual. Director Connelly advised the Council that parks that are less than one acre in size are less than desirable as they can't provide the type of park amenities without conflict. He described the map contained in the packet, which set forth the location of certain parks and their service area, noting that Port Angeles is well served with its parks system. He observed there is an overlap of service area for some of the parks, which set the stage for the possible surplus of the two parks recommended: 7~h & "D" park, and Georgiana Park. He expected that $200,000 - $300,000 in revenue could be generated by surplussing the parks. Councilmember Rogers observed that Elks Field, Webster Park, and Civic Field weren't made a part of the map, and she felt that an all-inclusive map would be helpful. Jean Hordyk, 1122 E. 92 Street, expressed her strong opposition to the surplussing and sale of the referenced parks, noting that Georgiana Park is an important part of that community and is the only such park on the north side of the highway. Even though Erickson Play field is less than one-third mile from the Georgiana Park, Ms. Hordyk felt that children must cross two very busy highways in order to get to Erickson, thus creating a very dangerous situation. She added that many children use Georgiana Park while family members are in the Hospital or are at physician offices in the area. She noted that Jane Childers had opened a daycare facility in the vicinity because of the availability of Georgiana Park. She reiterated her opposition to the sale of any City parks. Jane Childers, owner of a daycare facility inthe area, informed the Council there are three licensed daycare providers in a four-block radius of Georgiana Park, plus there are other homecare licensed facilities. She expressed concern with a reduction in green space and, in addition, she indicated she takes the children in the daycare to all of the City parks much of the time which has also resulted in increased usage by the parents. Ms. Childers indicated that Georgiana Park is flat, something that is very important in observing the children from the daycare facility. She reiterated her concems with the reduction in green space and felt that any revenues generated wouldn't meet the needs for future parks, such as a new pool facility. She expressed the desire to see all parks stay in place. Jered Reynolds, who' resides next to the 7th & "D" Park, informed the Council of his support for surplussing that particular park. He felt the park is a constant nuisance in that the children continually throw rocks at hisdog, and they constantly climb on the roof of his garage. Mr. Reynolds indicated the park constitutes a lot, and it is one and one-half blocks from Shane Park. He noted that Director Connelly has attempted to improve the situation, but the children continue to cause problems. In surveying his neighbors to determine their support of surplussing the park, he found only one resident who wanted the park to remain. Mr. Reynolds indicated the park was supposed to be surplussed about 17 years ago, but that didn't occur. He urged the Council to surplus 5459 CITY COUNCIL SPECIAL MEETING November 1, 2004 Surplus Park Property the 7th & "D" Park. (Cont'd) Councilmember Erickson supported commentaries made about Georgians Park, but based on the input provided by Mr. Reynolds, she was inclined to surplus the 7th & "D" Park. She added that developers are being required to include park space in their new developments. Councilmember Williams informed the Council that the matter had been thoroughly discussed by the Real Estate Committee, and these two properties were recommended for surplus. Councilmember Munro referenced the Francis Street Park, which Ms. Childers felt could not be considered to be a park. She added commentaries in that some of the funds invested in parks went overboard, and she cited the new skate park that could be better placed in the old K-Mart location so that green space won't be reduced. Councilmember Munro reiterated the City's need to generate revenue to accomplish needed improvements, and he queried as to where the money is to be derived. Jean Hordyk returned to the podium, expressing the priority of protecting the safety and welfare of the children. She felt it was the City's problem to fred the necessary funds for park improvements. Councilmember Pittis felt it important to note the size of parks that the City can manage and maintain effectively. Councilmember Braun indicated that the Real Estate Committee had looked at other parks for possible surplussing, and he questioned whether it was prudent to keep all of the parks. Councilmember William queried as to whether there might be other areas that could be upgraded and, at the same, protect the safety of the children. He shared considerations from the Real Estate Committee, such as the possibility of neighborhoods sharing the cost of some sort of LID in order to fund a park. Jean Hordyk again returned to the podium, citing a Conditional Use Permit granted to Ms. Childers because of the availability of Georgiana Park. Community Development Director Collins indicated that most daycare providers have their own play facilities; however, it is advantageous to have a park in the vicinity of a daycare facility. Ms. Childers returned to the podium, informing the Council there are currently 44 licensed daycare facilities in the community. She also pointed out that Georgiana Park was named after a famous person. Peter Ripley, 114 E. 6~ Street, agreed that Georgiana Park should be retained. He inquired as to where there was a conditional use associated with Jesse Webster Park, and Director Connelly indicated he could fmd no such conditional use. Jesse Webster Park was acquired by the City and was not a donation. Mr. Ripley spoke as a proponent of siting a pool at the Webster Park. There being no further testimony, Mayor Headrick closed the public hearing at 9:30 p.m. Councilmember Pittis moved to declare as surplus the ,.]th & ~I)" Park, legally described as Lot 5, Block 241. The motion was seconded by Couneilmember Rogers which, following brief discussion, carried unanimously. Municipal Code 4. Municipal Code Amendment - MCA 04-02 City-wide. Amend Various Amendment - MCA 04-02 Sections of the Port Angeles Municipal Code in Compliance with the State City-wide Mandated Growth Management Act Update of Development Regulations (Titles 3, 14, 15, 16, and 17) and Approve Various Rezone Proposals Consistent with the City's Comprehensive Plan: Mayor Headrick opened the public hearing at 9:36 p.m. Director Collins, aided by PowerPoint slides shown by Associate Planner Johns, advised the Council that the Growth Management Act requires a periodic update to Comprehensive Plans and development regulations. The City's Comprehensive Plan was updated in June, 2004, and development regulations must be updated to be -8- CITY COUNCIL SPECIAL MEETING 5460 November 1, 2004 Municipal Code consistent with the Comprehensive Plan. The State has mandated that the updates be Amendment - MCA 04-02 completed by December 1, 2004. City-wide (Cont'd) The State has required the inclusion of Best Available Science, and Director Collins reviewed the areas wherein the City has cited that Best Available Science, noting that the update of the City's Critical Areas Ordinance has strengthened the functions and values approach to wetland protections, which resulted in more uniformity with the County's wetland protections. At the same time, the Ordinance retained the City's existing wetland buffer requirements. Director Collins reviewed the proposed RS-11, Residential, Single Family Zone intended to provide large lot zoning at four dwelling units per acre. Such a zone would facilitate low impact development standards in those areas where deemed appropriate. In addition, it is proposed to extend the Community Shopping District zone both east and west along Eighth Street from Laurel Streetto Oak Street and from Chase Street to Peabody Street in order to facilitate redevelopment that is taking place near the commercial node at 8th and Lincoln Streets. A minor rezone to PBP would also be incorporated in conjunction with the development of the City's water treatment facilities at the Landfill. Such rezones have typically been treated as an area-wide rezone, but the Planning Commission failedto recommend approval on two of the three rezones in light of lack of property owner support or concern for a site specific rather than area-wide rezone. There was lack of support for the proposed RS-11 rezone, although the Planning Commission supported the addition of an RS-11 Zone to the Zoning Code, but not at the expense of reducing the existing RMD zoning. With regard to the proposed rezone at the Landfill, the Planning Commission felt the rezone was site specific and should involve a separate reviewprocess. There was unanimous support for the rezone to CSD for the area along 8t~ Street. Director Collins then discussed the proposed implementation of Park Impact Fees, which is a mechanism allowed by the State to assist jurisdictions in financing parks or other infrastructure. He indicated there is a draft Ordinance for review, something that has been modeled after ordinances from other municipalities already using impact fee legislation. However, it is recommended that consideration of such an Ordinance be deferred to 2005. It is recommended that the public hearing be continued to November 16, 2004, as the proposed regulations are still under review by the Commumty and Economic Development Committee. Paul Lamoureux, 602 Whidby, referenced the proposal for Park Impact Fees, expressing the opinion that developers benefit by their profits generated, but the City also benefits by virtue of the parks created within the developments. Although the parks in those developments are intended for use by the area residents, the City should be open to accepting those parks at some future date if they should be gifted to the City. Until that time, the City should not be held responsible for maintaining the parks within the developments. Members of the Community and Economic Development Committee agreed to meet on Tuesday, November 16, 2004, at 4:00 p.m., in order to further review the recommendedchangestothe development regulations. Discussion followed, withinput being provided by Councilmember Williams on the RTP zones, as well as new legislation related to manufactured housing. Mayor Headrick continued the public hearing to November 16, 2004. 5461 CITY COUNCIL SPECIAL MEETING November 1, 2004 OTHER Approval of Tearnsters Sworn Officers Unit Labor Contract: CONSIDERATIONS: Human Resources Manager Coons presented the labor contract with the Teamsters Approval of Teamsters Sworn Officers for the period, January 1, 2004, through December 31, 2006. He Sworn Officers Unit Labor reviewed the economic changes to the contract, which include a wage increase of 3.5% Contract for 2004; 4% for 2005; and a COLA for 2006 equal to 90% of the Seattle Bremerton CPI, with a minimum of 2% and a maximum of 6%. 2006 has an additional 1% in wages beyond the COLA. Manager Coons indicated that the agreement also includes the payment by employees of a portion of their medical premium for the first time so, in 2005, the employees will pay 7% of the total premium which increases to 9% in 2006. Discussion ensued with regard to the addition of Martin Luther King Day as a holiday, as well as language on drug testing. Councilmember Rogers moved to approve the labor contract between the City and the Teamsters Sworn Officers Unit, for the term of January 1, 2004, through December 31, 2006, including retroactive wages to January 1, 2004. The motion was seconded by Councilmember Munro and carried unanimously. INFORMATION: There was no discussion on the items included in the Information Agenda. Break Mayor Headrick recessed the meeting for a break at 10:25 p.m. The meeting reconvened at 10:37 p.m. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for one-half hour for two items under the authority of RCW 42.30.110(i), to discuss with Legal Counsel matters relating to agency litigation or potential litigation; one item under the authority of RCW 42.30.110(c), to consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price; and one item under the authority of RCW 42.30.110(d), to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. The Executive Session convened at 10:37 p.m. RETURN TO OPEN The Executive Session concluded at 11:00 p.m., and the Council reconvened in regular SESSION: open session. ADJOURNMENT: ("Th~eeting was adj ~e~~./k R~chard A Headrlc!,~May~ · Becky J. Upto~lUity'~lerk - 10-