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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: -3- 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. -4- 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. -5- 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 -6- 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. -7- 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 - -8-