HomeMy WebLinkAboutMinutes 11/01/2005 5737
CITY COUNCIL MEETING
Port Angeles, Washington
November 1, 2005
CALL TO ORDER - Mayor Headrick called the special meeting of the Port Angeles City Council to order
SPECIAL MEETING: at 5:00 p.m.
EXECUTIVE Mayor Headrick announced the need for an Executive Session for approximately one
SESSION: hour under the authority of RCW 42.30.110(i), to consider potential litigation. The
Executive Session convened at 5:00 p.m.
RETURN TO OPEN The Executive Session concluded at 6:00 p.m., no action was taken, and the Council
SESSION: reconvened in regular open session. Mayor Headrick announced a 10 minute break.
CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order
REGULAR MEETING: at 6:10 p.m.
ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Munro, Piths,
Rogers, and Williams.
Members ~lbsent: Conncilmember Erickson.
Staff Present: Acting Manager/Attorney Bloor, Clerk Upton, G. Cutler,
D. McKeen, T. Riepe, Y. Ziomkowski, S. Sperr, M.
Punteuney, G. Kenworthy, T. Pierce, B. Sterling, S.
McLain, and S. Roberds.
Public Present: C. Kidd, P. Lamoureux, T. Ratliff, P. Tietz, and M.
Maxwell. All others present in the audience failed to sign
the roster.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Piths.
ALLEGIANCE:
PRESENTATIONS, 1. Adult Literacy Week:
CEREMONIAL
MATTERS & Mayor Headrick read a proclamation declaring the week of October 30 - November 5,
PROCLAMATIONS: 2005, as Adult Literacy Week. The proclamation was accepted by Laura Brogdan.
Adult Literacy Week
Letter of Congratulations 2. Letter of Congratulations to Candace Kalish:
to Candace Kalish
Mayor Headrick referenced a letter he sent to Plamfmg Commissioner Candace Kalish,
congratulating her for being appointed by Govemor Gregoire to the Washington State
Commission on Judicial Conduct.
Bixthday Wishes to Dick 3. Birthday Wishes to Dick Goodman:
Goodman
The Mayor and Council extended birthday wishes to Dick Goodman, KONP.
,8 CITY COUNCIL MEETING
November 1, 2005
WORK SESSION: None.
LATE ITEMS TO BE Acting Manager/Attorney Bloor added an Interlocal Agreement with Clallam County
PLACED ON THIS OR and a Consent to Lease as Agenda Items J.2. and J.3., respectively.
FUTURE AGENDAS &
PUBLIC COMMENT: Paul Lamoureux, 602 Whidby, addressed the Council on the matter ora second reading
of the Water/Wastewater rate ordinance, as well as whether the City would be making
any contribution to the Clallam County Housing Authority for the Wildwood Terrace
project. Clarification was provided by the Council and staff.
Cherie Kidd, 101 E. l0th Street, was asked by a group of citizens to bring to the
Council's attention the need for a j ake (compression) brake ordinance. She related that
the use of compression brakes on Front Street proves to be disruptive and noisy. Police
Chief Riepe indicated he has received phone calls in the past couple of munths on the
need for compression brakes, and he proposed that the matter be reviewed by the
Health & Safety Committee. Councilmember Braun asked that the matter be returned
to the Council at its next meeting for consideration. A meeting of the Health & Safety
Committee was scheduled for Monday, November 14, 2005, at 2:00 p.m.
Tammy Ratliff, 50 Bensun Road, indicated her desire to address the Council during the
public hearing on the rezone application.
FINANCE: l. Combined Sewer Overflow:
Combined Sewer Overflow Director Cutler reviewed the solicitation of bids to replace failed sewer pipes at the Oak
(CSO) Street and Laurel Street outfalls in order to prevent saltwater intrusion into the
wastewater system. He explained the receipt of one bid that was much higher than
expected. Therefore, the City prepared a revised project design and advertised that,
with the subsequent receipt of more acceptable bids. Counciimember Rogers moved
to reject the initial bid by Grecor Construction, Inc., opened September 9, 2005,
and award and authorize the Mayor to sign the contract for the revised project
design with Grecor Construction, Inc., of Olympia, WA, for the 2005 CSO
Renovation Projects, Project 05-24, in the amount of $55,210.26, including sales
tax. Couneilmember Braun seconded the motion and, following brief discussion
with Director Cutler and Deputy Director Kenworthy providing clarification, a vote
was taken on the motion, which carried unanimously.
Western UGA (Urban 2. Western UG/I (Urban Growth Area9 Project Change Orders:
Growth Area) Project
Changer Orders Indicating there is power at the mill, Director Cutler noted the City is days away from
completing the water system. He summarized the proposed Change Order that was
brought about by a number of unanticipated site conditions and indicated yet another
Change Order will be forthcoming at a level of $25,000-$50,000. Couneilmember
Braun moved to approve Change Order No. 1 to West UGA Utilities Extension
Project 05-01 in the not to exceed amount of $110,000 as presented.
Couneilmember Rogers seconded the motion and, following brief discussion, a vote
was taken on the motion, which carried unanimously.
CONSENT AGENDA: Councilmember Rogers moved to accept the Consent Agenda, to include: 1 .) City
Council minutes of October 18, 2005, regular meeting; 2.) Expenditure Report -
October 21, 2005, $752,862.87; 3.) Set Public Hearing for Water / Wastewater Rate
Adjustments for November 15, 2005; 4.) Travel Exceeding $1500 - Netware 6.5
Advanced Training; 5.) 2005 Chip Seal Program, Project 05-03; and 6.) Peabody
Creek Watermain Project 02-20. Councilmember Pittis seconded the motion. Brief
discussion ensued on the matter of the first reading of Ordinances, and Acting
Manager/Attorney Bloor provided clarification that the public would have two
opportunities for input. A vote was taken on the motion, which carried
unanimously.
CITY COUNCIL MEETING 5739
November 1, 2005
OTHER 1. Memorials & Donations Policy and Fees:
CONSIDERATIONS:
Interim Deputy Director of Recreation Sterling, with the use of PowerPoint slides,
Memorials & Donations made a presentation on the revised Memorial and Donation Policy, which was recently
Policy and Fees adopted by the Parks, Recreation & Beautification comnUssion. Deputy Director
Sterling reviewed efforts to establish a new policy since a moratorium on donations was
imposed in 2002. He reviewed the criteria for City approval and acceptance of
donations and memorials, discussing in depth the information that must be obtained by
the City as part of an application process. He summariZed efforts to standardize
donations in terms of benches, picnic tables, trees, bike racks, trash receptacles, as well
as other elements. In addition, the policy addresses measures taken to standardize the
memorial acknowledgment. Deputy Director Sterling further discussed costs
associated with the donations, the maintenance responsibilities and, finally, the Life
Cycle Care Fund for ongoing maintenance. Discussion ensued conceming the funds
collected in advance for lnaintenance purposes, and the Councilmembers individually
expressed their appreciation for efforts on the part of the staff and the Parks
Commission to see this revised policy come to fruition. The policy was provided to the
Council for informational purposes only.
Interlocal Agreement with 2. lnterlocal Agreementwith Clallam County for Method ofPhasedAnnexation:
Clallam County for Method
of Phased Annexation Acting Manager/Attorney Bloor presented for the Council's consideration an Interlocal
Agreement with Clallam County to establish a method for phased annexation of the
Port Angeles Eastern Urban Growth Area. He noted that City and County officials and
staff members have been meeting over the past few weeks to organize and coordinate
efforts for the Eastern UGA. Acting Manager/Attorney Bloor indicated this agreement
constitutes the first step in several forthcoming agreements that will establish a
cooperative basis for coordinated development in the area. Councilmember Rogers
added that the agreement had been reviewed and recommended for approval by the
Community & Economic Development comrmttee.
Commissioner Mike Chapman addressed the Council, indicating this was one of his
prouder moments as a comrmssioner; he asked the Council for its favorable
consideration of the agreement. Noting this is a historic evening, Commissioner
Chapman lauded City and County staffmembers for their diligence, emphasizing the
agreement provides predictability as well as a good plan for the community and the
businesses. He thanked the Mayor and Council for its consideration, indicating the
agreement would be taken to the Commissioners for approval at its meeting the next
week. Discussion followed with the Councilmembers speaking in support of the
agreement in view of the need for economic growth and a framework similar to what
was agreed upon for the west side.
Following further brief discussion, Councflmember Williams moved to authorize the
Mayor to enter into the lnterlocal Cooperation Agreement with Clallam County
Establishing a Method for Phased Annexation of the Port Angeles Eastern Urban
Growth Area. The motion was seconded by Councilmember Braun and carried
unanimously.
Break Mayor Headrick recessed the meeting for a break at 7:00 p.m. The meeting reconvened
at 7:15 p.m.
CITY COUNCIL None.
COMMITTEE
REPORTS:
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CITY COUNCIL MEETING
November 1, 2005
RESOLUTIONS: Resolution in Support of Northwest Coalition for Affordable Power:
Resolution in Support of Power Systems Deputy Director McLath summarized the formation ora broad-based
Northwest Coalition for group of utilities, government agencies, industrial and commercial customers, and other
Affordable Power organizations to persuade the Bonneville Power Administration to set a target rate for
Resolution No. 21-05 wholesale power of $27/Mwh. The amount of support provided by Port Angeles would
be at the level of $8,000. Discussion ensued as to how the money is spent, the newness
of the organization, as well as the consulting firm in a leadership role. Mayor Headrick
read the Resolution by title, entitled
RESOLUTION NO. 21-05
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, calling for the Bonneville Power Administration to
set a target rate for wholesale power of $27/Mwh.
Councilmember Williams moved to pass the Resolution as read by title and to
authorize the expenditure of $8,000 as presented. The motion was seconded by
Couneilmember Braun and carried unanimously.
PUBLIC HEARINGS - Rezone REZ 05-02 ~ City of Port Angeles: Consideration of the Rezone of Recently
QUASI-JUDICIAL: Annexed Properties (Continued from October 18, 2005):
Rezone REZ 05-02 - City Mayor Headrick, referencing the public hearing conducted at the last meeting, revisited
of Port Angeles the matter of disclosure of any appearance of fairness issues. He disclosed that, at a
Ordinance No. 3220 public forum for candidates for office, he responded to a question on the rezone. The
Mayor asked if anyone present was concerned about his participation in the public
hearing; none was expressed. Acting Manager/Attorney Bloor indicated there is an
exemption for candidates to respond to those types of questions without it being a
violation of the Appearance of Fairness Doctrine as long as there is no actual bias.
Brief discussion ensued on rezones being quasi-judicial versus legislative matters, and
Acting Manager/Attorney Bloor provided clarification to the Council.
Mayor Headrick reopened the public hearing at 7:28 p.m. Planner West provided a
recap of the proposed rezone in the Southwestern Urban Growth Area, reviewing the
location, the amount of property involved, and the area that is recommended for rezone
to Industrial Heavy. He reiterated the remainder of the property was being
recommended as a Commercial Arterial zone by the Planning Commission, but staff
was recommending a Commercial Neighborhood zone. Planner West noted the matrix
included in the Council packet, showing uses allowed under each zone.
Lengthy discussion followed, with questions po se d regarding the proposed service road
and who would be financially responsible for the road. Planner West indicated that a
condition being added to a rezone is typicaliy not done, as something of that nature is
mitigated at the time of permit applications. Acting Manager/Attorney Bloor agreed
there is no authority to make the road a requirement of the rezone. Discussion and
debate followed as to the attributes of the various zones under consideration and the
types of uses associated with each zone.
Tammy Ratliff, 50 Bensun Road, attended previous meetings on this matter and stated
the neighborhood's preference for a Commercial Arterial zone, as there would be a
wider variety of options for opening businesses and selling land. She felt the property
owners could decide what was best for their land, plus they would get a more realistic
price for their property should they decide to sell. Ms. Ratliff felt the annexation was
supposed to benefit everyone, not just the existing businesses, so the residential
property owners want more of an equitable relationship. She believed the development
of the area could be done so as to not create an industrial strip heading west, and the
area could be made to be fairly attractive as well as economically viable.
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CITY COUNCIL MEET1NG 5741
November 1, 2005
PUBLIC HEARINGS- Discussion followed with Planner West explaining the staff's reasons for
QUASI-JUDICIAL: recommending a Commercial Neighborhood zone in that the substandard lot sizes are
(Cont'd) not conducive to larger development, plus staff felt the Commercial Neighborhood
zone would be a good buffer between the highway and the existing residences. He
Rezone REZ 05-02 - City added that the City must look 10 - 20 years out in its planning process, and the zoning
of Port Angeles could be revisited later if necessary. Ms. Ratliffretumed to the podium, emphasizing
Ordinance No. 3220 the importance of not revisiting the zoning later, as it wouldn't help the property
(Cont'd) owners now.
Lengthy discussion ensued among the Councilmembers, and each expressed opinions
and concerns related to the zones under consideration. Also considered were the merits
of a Community Shopping District zone. Other areas discussed focused on the
proposed service road, the potential change in dynamics of the area, the lack of public
input at the heating, other areas in town that are zoned Commercial Arterial or
Commercial Neighborhood, and the need for traffic management in the area. Director
Cutler indicated the Traffic Safety Comnnttee was considering a reduction in speed
from 45 mph to 40 mph.
Mayor Headrick closed the public hearing at 8:05 p.m., after which the
Councilmembers fux~ther expressed their opinions related to the rezone.
Mayor Headrick read the proposed Industrial Heavy Ordinance by title, entitled
ORDINANCE NO. 3220
AN ORDINANCE of the City of Port Angeles, Washington,
rezoning a newly annexed area in the Southwest Urban
Growth Area south of U.S. Highway 101 west of Gakin
Road to Industrial Heavy (IH).
Councilmember Williams moved to adopt the Ordinance as read by title, citing
Findings 1 - 14 and Conclusions 1 - 4. The motion was seconded by
Councilmember Pittis and carried unanimously.
Mayor Headrick read by title the Ordinance pending the designation of a zone, entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
rezoning a newly annexed area in the Southwest Urban
Growth Area south of U.S. Highway 101 west of Gakin
Road to Commercial (C ).
Couneilmember Williams moved to table consideration of the Ordinance to the
next Council meeting, pending the preparation of findings for a Community
Shopping District zone. Councilmember Rogers seconded the motion, which
carried unanimously.
The Council was desirous of receiving fmther public input at the next meeting, so
Conncilmember Pittis moved to reopen and continue the public hearing to
November 15, 2005. The motion was seconded by Councilmember Williams and
carried unanimously. At 8:25 p.m., the public hearing was, therefore, continued.
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12 CITY COUNCIL MEETING
November 1, 2005
PUBLIC HEARINGS - l. Sponsorship and Submission of Community Development Block Grant
OTHER: General Purpose ,4pplication for Housing Authority of Clallam County:
Sponsorship and Acting Manager/Attorney Bloor noted past cooperative efforts between the City and
Submission of Community the Housing Authority of Clallam County, indicating the proposed submission of a
Development Block Grant CDBG grant application would further that spirit of cooperation. Indicating that two
General Purpose public heatings are required, Acting Manager/Attorney Bloor then deferred to Pam
Application for Housing Tietz, Executive Director of the Housing Authority, for further information.
Authority of Clallam
County Mayor Headrick opened the public hearing at 8:28 p.m.
Para Tietz, Executive Director of the Housing Authority of Clallam County, advised
those present that she had an informational handout available for public review. She
then summarized the proposed grant application to be used for the acquisition and
renovation of the Wildwood Terrace Apartments, a property development at risk of
going to market level housing. Ms. Tietz indicated that, if the owner were to take the
property to market level, then residents of the 56 households would be at risk of being
homeless. The Housing Authority has been working for a couple of years on how to
acquire the property, as there is a need to extend the life of the building 30 - 40 years
out. She reviewed the projected acquisition and rehabilitation costs, as well as a
breakdown of costs associated with architectural costs, environmental studies, and
permitting. Ms. Tietz noted the overall cost per unit is projected at $78,000. She
indicated the Housing Authority would be the sub-recipient of the CDBG grant, if
awarded, in the amount of $760,721, and she then provided a detailed review of other
sources of funding, to include the selection of the Housing Authority by the United
States Department of Agriculture Rural Development (USDA RD) for funding
assistance. Discussion followed, and Ms. Tietz answered questions posed by the
Council, noting there are agreements in place for the provision of social and human
services to the residents. She discussed the criteria in being considered for this grant
application.
Margaret Maxwell, Director of the North Olympic Regional Housing Network, spoke
in support of the project, stressing the difficulties that would be experienced by the
residents if the property were to go to current market rates. She urged the Council's
support of the CDBG application.
Peter Ripley, 114 E. 6th St. # 102, sits on the Housing Authority committee. He noted
how difficult life would be without a home for these folks, and he felt it was a very
worthy project.
Kathy Wahto, Executive Director of Serenity House, supported the application and
stressed the importance of the plan to provide affordable low income housing. Ms.
Wahto noted there is wide support of social services in the County, and she felt the
Housing Authority had stepped up to the plate to preserve affordable housing which is
a large part of the effort to end homelessness.
At 8:38 p.m., Mayor Headrick continued the public hearing to November 15, 2005.
Break Mayor Headrick recessed the meeting for a break at 8:40 p.m. The meeting reconvened
at 8:50 p.m.
Budget Hearing on 2. Budget Hearing on Revenues for 2006 and Presentation of Property Tax
Revenues for 2006 and Ordinance:
Presentation of Property
Tax Ordinance Finance Director Ziomkowski, with the use of PowerPoint slides, presented an
overview of the projected revenues for 2006. The 2006 Budget sets forth a program
of revenue and expenses totaling $105,791,792, which is almost 39% more than the
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CITY COUNCIL MEETING 5743
November 1, 2005
Budget Hearing on 2005 Budget. She noted that almost 7%, or $7.3 million of the Budget, is supported
Revenues for 2006 and by the use of reserves mostly for construction projects. In reviewing revenue sources,
Presentation of Property Director Ziomkowski indicated the major portion of revenue is from rate charges for
Tax Ordinance (Cont'd) utilities, which represents 41% of all revenues, down from 53% in 2005. Taxes
represent 12% of City-wide revenue, down from 16% in 2005. The change in
allocation of City resources is a result of construction projects, such as the 8~ Street
Bridges, a project to be funded by grams. Director Ziomkowski added that, in 2006,
grants will represent 22% of the Budget, which is a significant increase from 7% in
2005. Discussion followed, and Director Ziomkoxvski answered questions posed by
the Council.
Director Ziomkowski then presented information pertinent to the Property Tax Levy,
which will be presented for fmal approval on November 15, 2005. She reviewed in
depth the City levies for 2006, the regular property tax levy limitations, the tax rate
calculation, and examples of how the tax rate applies to individual property owners.
Director Ziomkowski, in further explaining the tax rate calculation, advised the Council
that the overall rate for 2006 would be approximately $3.33 per $1,000 in assessed
valuation, which is the lowest rate in twenty years. Director Ziomkowski also reviewed
property tax allocations and the percentage that comes to the City. Discussion
followed.
For purposes of conducting the first reading o fthe Ordinance, Mayor Headrick read the
Property Tax Ordinance by title, entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, authorizing
a 1%, or $34,487, over the highest lawful levy for 2005, increase
in the regular property tax levy plus any increase resulting from
new construction and other specified increases in assessed valuation,
authorizing a $60,000 tax refund levy, determining and fixing the
amount to be raised by ad valorem taxes for the fiscal year 2006,
and directing the City Clerk to certify said amount to the Board of
Clallam County Commissioners.
Mayor Headrick then opened the public hearing at 9:30 p.m.
Tammy Ratliff, 50 Benson Road, sought clarification on the property tax levy. Director
Ziomkowski provided clarification, noting that those property owners in the newly
annexed area wouldn't see City prope~Xy taxes until 2007.
Director Ziomkowski asked that a meeting of the Finance Comrmttee be set; a meeting
was scheduled for Tuesday, November 15, 2005, at 4:30 p.m. Mayor Headrick closed
the public hearing at 9:35 p.m.
OTHER 3. Consent for Assignment o/Lease:
CONSIDERATIONS:
(Cont'd) Acting Manager/Attorney Bloor presented information relative to First Street Plaza,
whose parking lot serves the DSHS offices on First Street, and who has asked to
Consent for Assignment transfer the business to a different company, Tine Construction LLC. There is no
of Lease change to the assets or ownership. It was suggested that the City attempt to determine
if First Street Plaza is in need of all parking spaces currently included in the lease
agreement, as there may be other parking needs to be met. It was agreed that issue
could be addressed in the future, so Councilmember Munro moved to authorize the
City Manager to consent to an assignment upon receipt of acceptable
documentation concerning the status of Tine Construction LLC and recalculation
of the parking space requirements. The motion was seconded by Councilmember
Rogers and carried unanimously.
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CITY COUNCIL MEETING
November 1, 2005
ORDINANCES NOT Second Reading of Proposed Revisions to Ambulcmce Transport Rates:
REQUIRING PUBLIC
HEARINGS: Having reviewed the proposed revisions at the previous Council meeting, Chief
McKeen opted to forego any presentation and make himself available to answer any
Second Reading of questions that may arise. Mayor Headrick read the Ordinance by title, entitled
Proposed Revisions to
Ambulance Transport ORDINANCE NO. 3221
Rates
Ordinance No. 3221 AN ORDINANCE of the City of Port Angeles, Washington,
revising the City's Fire Depaitment Fees - Medic I, 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 Councilmember Pittis and carried unanimously.
INFORMATION: Director Cutler informed the Council of a large, diseased maple tree at the Cemetery
that must be removed. Mayor Headrick reminded everyone of the Veteran's Day
recognition at Coast Guard Group Air Station on November 11, 2005.
EXECUTIVE SESSION: Based on input fromActing Manager/Attorney Bloor, Mayor Headrick announced the
need for an Executive Session for approximately 15 rmuntes under the authority of
RCW 42.30.110(i)(B), regarding a matter of real estate. No action was anticipated.
The Executive Session convened at 9:50 p.m. and, at 10:05 p.m., the Executive Session
was extended for an additional 5 minutes by announcement of the Mayor.
RETURN TO OPEN The Executive Session concluded at 10:10 p.m., and the Council convened in regular
SESSION: open session. No action was taken.
ADJOURNMENT: The meeting was adjoumed at 10:10 p.m.
Richard A_ Headrick, Mayor B~cky J. Upto(~City"l~lerk -
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