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HomeMy WebLinkAboutMinutes 11/16/2004 5462 CITY COUNCIL MEETING Port Angeles, Washington November 16, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Piths, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, S. Roberds, S. Johns, T. Smith, S. Martin, J. Hebner, D Bellamente, B. Coons, and D. Dickson. Public Present: J. Jones, Jr., D. Cross, M. Fitzwater, L. Brabant, P. Kitchel, L. DelGuzzi, V. DelGuzzi, V. Phillips, C. Schramm, T. Ahlgren, B. Hertel, R. Veenema, L. Anderson, M. Larson, B. Booher, P. Lamoureux, D. Shargel, J. & B. Cammack, J. Brewer, E. Chadd, A. Murray, F. Norton, K. Smith, B. Reid, and J. Hordyk. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Munro. ALLEGIANCE: PUBLIC CEREMONIES, 1. Proclamation Recognizing DECA Week November 16- 19, 2004, and DECA PRESENTATIONS AND Day on November 18, 2004: PROCLAMATIONS: Mayor Headrick read and presented a proclamation to three members of DECA, Proclamation Recognizing proclaiming November 16 ~ 19, 2004, as DECA Week and November 18, 2004, as DECA Week and DECA DECA Day. Day Retirement of Tim Smith, 2. Recognition of Retirement of Tim Smith, Economic Development Director: Economic Development Director Mayor Headrick read and presented a proclamation to Tim Smith, Economic Development Director, who was being honored for his upcoming retirement after thirty years of service to the City. Members of the community then honored Mr. Smith by offering words of appreciation and commendation for his dedication to public service, to include, Walt Schubert, Mayor of Sequim; Russ Veenema, Chamber of Commerce Executive Director; Phil Kitchel, representing the City of Forks; Jim Haguewood, Economic Development Council Executive Director; Aria Holzschuh, Port Angeles Downtown Association Executive Director; Bill Roberds, North Peninsula Building Association; Jim Jones, Port Angeles School District; Gerald Hauxwell, Port Angeles Business Association President; Pam Tietz, Clallam County Housing Authority Executive Director; and Councilmember Rogers. Manager Quinn then advised those present of the many economic development projects in which Mr. Smith has been involved over the past years, and he presented Mr. Smith with a retirement plaque from -1- 5463 CITY COUNCIL MEETING November 16, 2004 Retirement of Tim Smith, the City. Mr. Smith expressed appreciation to everyone for the recognition and the Economic Development honor of working with them. Director (Cont'd) Break Mayor Headrick recessed the meeting for a reception in honor of Mr. Smith at 6:36 p.m. The meeting reconvened at 7:03 p.m. WORK SESSION: None. LATE ITEMS TO BE Manager Quinn asked that the matter of reappointing members to the Hurricane Ridge PLACED ON THIS OR Public Development Authority Board of Directors be added as Agenda Item I. 1. FUTURE AGENDAS & PUBLIC COMMENT: Councilmember Erickson requested that the public hearing on the 2005 Budget be held first in the order of business. She extended congratulations to Community Development Director Collins for his recent appointment to the committee that advises the Legislature on the Growth Management Act. PUBLIC HEARINGS - 1. 2005 Budget Hearing: OTHER: Mayor Headrick opened the public heating at 7:05 p.m. Because there were members 2005 Budget Hearing of the public present to speak, Councilmember Erickson felt the public input should be received prior to the Budget presentation. Larry Leonard, a member of the audience, indicated that many of those present wanted to address the issue of the proposed reorganization, and he felt it would be appropriate to hear from the City as to the specifics of the reorganization before public input is received. Manager Quinn indicated there are two issues that were made a part of the budget in terms of restructuring, the first being a combination of Economic DeveloPment and CommunityDevelopment into one department, and the second being a combination and consolidation of Parks & Recreation into Public Works & Utilities. He added that, through this restructuring, there would be no reduction in existing staff, but a vacated position may not be filled. With regard to Economic and Community Development, Manager Quinn felt the two functions are closely tied together, and there is recognition across the country that community development and economic development are intricately linked in terms of functionality. Market conditions are such that one function typically drives the other. He emphasized the importance of protecting the two functions, especially as relates to critical areas, SEPA review, building standards, and the like. The effort to be undertaken would be to collaborate, cooperate, and coordinate as much as possible in order to serve the public as effectively and efficiently as possible. Manager Quinn noted that one of the major driving forces in the consolidation of Parks & Recreation with Public Works & Utilities is the combination of outside and operational field crews for economies of scale and efficiencies of cross-training personnel, use of equipment, and additional promotional opportunities, so that staffcan be used in all facets of City projects and services. He indicated that Parks will not lose its identity, and all facilities will be maintained as in the past. The Recreation Division will be separated within Public Works under the leadership of a Deputy Director to ensure coordination. Manager Quinn indicated that the County has a sirmlar functioning department for parks and public works. Larry Leonard inquired as to the savings to be realized through this proposal, and Manager Quinn responded there would be no money saved because positions haven't been eliminated. However, he noted there will be a slight downgrading of the Community Development Director to a Deputy Manager over the course of time. He added that the Economic Development Director position would be elevated with more responsibilities. -2- CITY COUNCIL MEETING 5464 November 16, 2004 PUBLIC HEARINGS - Councilmember Erickson felt the reorganization would be fundamentally wrong, as it OTHER: would be improper for the individual leading economic development to be in charge (Cont' d) of the planning individual who is responsible for ensuring that City regulations are met. She saw no reason to combine Parks & Recreation into Public Works & Utilities, as 2005 Budget Hearing this City's Public Works Department is likely one of the State's most sophisticated in (Cont'd) terms of the number of projects undertaken. She was astounded that their job responsibilities would be expanded even further in light of other such projects as the dam removal project, the 8th Street Bridge project, and Landfill closure. Councilmember Erickson indicated the comparison to the County was inaccurate in that the County has a Roads Department, not a Public Works Department, and it doesn't have public recreation programs similar to those of the City. She saw no economies of scale, and she expressed strong objection to the proposed reorganization. Councilmember Braun indicated there are 95 employees in Public Works and 40 employees in Parks, thereby increasing Public Works by approximately 50%. He objected to the consolidation of Parks & Recreation into Public Works in view of the manyprojects being managed by Public Works. He felt such a consolidation would be inappropriate, and he supported leaving the two departments as separate entities. Ed Chadd, 307 W. 6~ Street, inquired as to the public process followed by the City in deciding to consolidate the departments. Mayor Headrick indicated this was the purpose of the public hearing, and Manager Quinn explained that the proposal was part of the 2005 Budget which has undergone internal review thus far. Manager Quinn, with the use of PowerPoint slides, then proceeded with introductory comments to the 2005 Budget, reviewing the major efforts for 2005, the budget process, and what is included in the Budget. He noted that the preliminary 2005 Budget is balanced and is supported by $3.3 million or 4.4% from reserves. The total Budget is $76,237,452 and is comprised of $66,157,452 in the Operating Budget and $10,080,000 in Capital Projects. Finance Director Ziomkowski provided a synopsis of changes to the 2005 Budget as compared to the 2004 Budget, to include the COLA, an increase in AWC medical rates, increases in PERS and LEOFF 2, an increase in property insurance, no vacation sell back, proposed personnel changes, and the proposed organizational changes. She reviewed the personnel summary, proposed vehicle replacements, and the different fund types included in the Budget. In reviewing the General Fund expenditures of $14,768,615 by object, Director Ziomkowski indicated that 48% of the General Fund is represented by Public Safety. General Fund Reserves are projected at $2,468,164, and $500,000 has been designated to the CIP. She then itemized the many projects included in the Capital Improvement Program such as, among others, the International Waterfront Promenade, the Gateway Parking Garage, the NICE Neighborhood Program, the Front Street corridor streetscape, the Lauridsen Boulevard bridge widening, and the Campbell Avenue/Mt. Angeles infrastructure. Director Ziomkowski reviewed in detail the Special Revenue Funds, the Utilities (Enterprise Funds), and the Internal Service Funds. Manager Quinn concluded the presentation by informing the Council that the City has been able to balance the 2005 Budget without a reduction in services. The Budget is projected to show a small improvement, but there will still be restricted growth in taxes. Efforts toward stronger fiscal planning and year-round budgeting will be strengthened, and the City will endeavor to leverage financial partnerships with as many outside resources as possible. There will be an increased reliance on user fees for support. Overall, Manager Quinn noted the need to increase the assessed value, wealth, and investment in the community. Ron Erickson, a City resident, asked for background information relative to an item included in the Budget on Elwha Dam mitigation. Director Cutler responded by explaining the City's commitment to work with the Federal Government with regard -3 - 5465 CITY COUNCIL MEETING November 16, 2004 PUBLIC HEARINGS - to the dam removal and the mitigation of the City's water supply. The City is OTHER: reimbursed for its expenses incurred by theNational Park Service. Mr. Erickson felt (Cont'd) the City should investigate oversight in the Elwha Dam acquisition by the Federal Government in view of State law that required that the Elwha Dams would revert to the 2005 Budget Hearing State when they ceased to function for the purpose for which they were constructed, (Cont'd) one of which was to provide power to the City. Mr. Erickson further explained his understanding of what was to occur with the Elwha Dams. Director Cutler further explained the purchase of the dams by the Federal Government in conjunction with legislation in 1992 and the fact that the City does not receive power from the dams. Jean Hordyk, 1122 E. 9th Street, addressed the Council on the matter of the proposed reorganization, noting previous commentariesthat the reorganization would improve efficiencies. Feeling that the City is not large enough to warrant such a reorganization, Ms. Hordyk agreed with comments from Councilmembers Erickson and Braun, expressing strong opposition to the reorganization. Chuck Schramm, 829 E. 1't Street, a long-time City resident, business owner, and member of the Planning Commission, expressed concern with the proposed consolidations. He felt that Economic Development Director Smith had been successful because he could function independently. The Community Development Department, in addition to providing customer service, is charged with the responsibility of acting as a compliance office to assure development impacts are mitigated. Community Development should not be overshadowed by Economic Development and should not be subservient to Economic Development. Feeling that the consolidation is not a good idea, Dr. Schramm asked that the Council reconsider the proposal. Tim Woolett, P. O. Box 2685, read a letter to the Council expressing his alarm with the proposed changes. Mr. Woolett, a former Senior Planner for Clallam County, felt the efficiency of Community Development would suffer because of the reorganization, plus there would be a conflict of interest between the community and economic development aspects. Mr. Woolett felt there is a lack of continuity between City departments, and the reorganization would further exacerbate the situation. Fred Norton, 1807 E. 3rd Street and a member of the Planning Commission, advised the Council he was a retired building official. Mr. Norton felt the City staffis very good, and he would not like to see the City lose staff because of the reorganization. Having worked previously in Yakima in a similar structure, Mr. Norton felt there were no advantages to the proposed reorganization. He asked that the Council send the matter to the Planning Commission for review. Bob Philpott, Planning Commissioner, expressed great displeasure with the proposed reorganization, feeling the City may lose Director Collins because of the reorganization. Mr. Philpott asked that the Council table the matter and come to the next meeting of the Planning Commission in order to keep the Commission in the loop. He did not want the Planning Commission members to feel as if they were being taken for granted. Larry Leonard, 1030 Olympus, a former member of the Planning Commission, chastised certain Councilmembers for placing the reorganization under the veil of the Budget. He felt it important to keep Economic Development and Community Development separate in order to avoid a conflict of interest. Mr. Leonard asked about support staff for the new department, and he felt the reorganization to be a power change. He asked that the Council consider the issue separate from the Budget. Ed Chadd, 307 W. 6th, felt that, because the proposed reorganization would be expense neutral, it should be more fully deliberated by the Council. Mr. Chadd expressed concern with the combination of departments, and he felt efficiencies could be achieved -4- CITY COUNCIL MEETING 5466 November 16, 2004 PUBLIC HEARINGS - without the reorganization. OTHER: (Cont'd) Anne Murray, 306 Lopez, chairs an industry cluster in the area of agriculture seeking to enhance economic development in the community. Ms. Murray philosophically 2005 Budget Hearing supported the combination of the departments, but she didn't think the goals would be (Cont'd) the same. Expressing concern with the structure, she felt the Economic Development and Community Development Directors could serve as peers. Linda Nutter, 1701 E. 3rd Street, a member of the Planning Commission, felt this issue is one of trust, honesty, and credibility. Reading from a prepared statement, Ms. Nutter advised the Council that a vacancy in the Community Development Director position must result in the City hiring a senior planner, a building official, and a department head. She felt the three positions are needed in order to assure that the City meets its legal requirements in terms of land use and municipal liability. Ms. Nutter further delineated aspects of the job that would be lost, such as the SEPA Official, the Shoreline Official, the Administrative Hearing Officer, the Planning Director, and the like. She asked that the Council not accept the Budget as presented with the proposed reorganization. Peter Ripley, 114 E. 6th Street, # 102, expressed concern with the reorganization, feeling the proposal should have been submitted to the Planning Commission first. He asked that the Council reconsider the proposal. Tim Smith, Economic Development Director and commercial property owner, felt the proposal could work. Referencing the current level of cooperation between Economic Development and CommunityDevelopment, he noted there has been a certain amount of opposition and polarization. He felt that, if he hadn't had the support of the City Council and the City Manager, many of the accomplishments in the area of economic development wouldn't have come to fruition as they have. Mr. Smith discussed the equalizing of efforts in Community Development and Economic Development, and he supported the City Manager's vision. Manager Quinn extended his regrets for the lack of communication with the Planning Commission concerning the proposed reorganization. He cited other examples of similar consolidations, such as the State Department of Community Trade and Economic Development. Councilmember Erickson disagreed and reiterated her position that this would be a conflict of interest. Bob Philpott returned to the podium and, in light of Manager Quinn's apology, asked that the matter be referred to the Planning Commission. Manager Quinn indicated it was not intended that the Budget be adopted this evening and, when the Budget is adopted, it serves as a policy document. Kathe Smith, 607 E. 4th Street, felt that the proposed restructuring was not in keeping with the spirit of a representative form of government. She felt that Community Development and Economic Development need to be kept separate as a form of checks and balances. Further, Ms. Smith felt the comparison to the County had been erroneous in terms of the actual organizational structure, and she suggested that the Budget be passed absent the proposed reorganization. Mayor Headrick indicated that the Budget was scheduled for adoption on December 7t~. Manager Quinn referenced a letter submitted by Mr. Richard Lao, asking for budgeted funds for a free-standing fresh water washdown facility on Ediz Hook for divers and boats. The request will be discussed and reviewed at the staff level. Mayor Headrick indicated the public hearing would be continued to December 7. Couneilmember Eriekson moved to amend the proposed 2005 Budget to strike the restructuring of the current City departments wherein the Parks Department will be folded into Public Works and DCD will become the Department of Economic 5467 CITY COUNCIL MEETING November 16, 2004 PUBLIC HEARINGS - Development and be run by a Director of Economic Development. The motion OTHER: was seconded by Councilmember Braun. (Cont'd) Councilmember Williams moved to table the motion pending better consideration 2005 Budget Hearing of the comments made this evening. The motion died for lack of a second. (Cont'd) Councilmember Munro expressed disappointment at the lackof communication with the Planning Commission on the proposed reorganization. Because ora final decision to be made December 7t~ on the Budget, he was hopeful the City Manager would discuss this more fully with the ComraJssioners in the meantime, as he would like to hear their thoughts on the matter. Councilmember Munro has seen other State departments that have a similar organizational structure, andhe cited the Department of Natural Resources wherein they are responsible for management of the timberland plus the environmentalrules for the rest of the industry. He felt that particular structure works, and there can be different approaches to an organizational structure. Councilmember Munro felt the Council needs to take this under consideration. Conncilmember Erickson had no objection to leaving her motion set over for a vote on December 74. Councilmember Rogers was concerned that the Planning Commissioners felt so disenfranchised. She assured them that the Council hears from a large group not represented this evening and, in considering the details of the Budget and the cost increases being incurred, there must be a point of fine-tuning the excellence of the City of Port Angeles. She asked them to be respectful of the staffmembers, as the Council has entertained the notion of the reorganization in an effort to make this an effectively functioning City. Mayor Headrick continued the public hearing to December 7, 2004. Break Mayor Headrick recessed the meeting for a break at 9:01 p.m. The meeting reconvened at 9:10 p.m. Street Vacation Petition - 2. Street Vacation Petition - STV 04-01 - Reid - Portion of l 6/17 Alley East of STV 04-01 - Reid - "A "Street in Block 444 (Continued from November 1, 2004): Portion of 16/17 Alley East of"A" Street in Mayor Headrick opened the public hearing at 9:11 p.m. Assistant Planner Roberds Block 444 informed the Council that it is recommended that the public hearing be continued to December 7, 2004, to allow further negotiations between the applicant and Public Works & Utilities on the matter of access to the site. She clarified for Councilmember Rogers the fact that the access being discussed is offof Lauridsen through"A" Street, not via the Truck Route. Public Works & Utilities Director Cutler advised the Council that he has been working with the applicant, and agreement appears to be very close. Mayor Headrick continued the public hearing to December 7, 2004. Final Approval - Phase I 3. Final Approval - Phase I of the Olympic Heights Subdivision - 2300 Block of Olympic Heights West 16th Street.- Subdivision Ordinance No. 3173 Mayor Headrick opened the public hearing at 9:15 p.m. Assistant Planner Roberds presented information relative to the proposed approval of Phase I of the Olympic Heights Subdivision. With the use of a PowerPoint slide, she showed a map of the site that involves Lots 1 - 6, fronting on 16~ Street. Planner Roberds indicated that Phases II and III will, hopefully, be completed this coming year. She responded to an inquiry from Councilmember Braun in that the City will be responsible for maintaining the gravel walking path. Mayor Headrick closed the public hearing at 9:19 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3173 AN ORDINANCE of the City of Port Angeles, Washington, approving the final of Phase I of the Olympic Heights Subdivision. -6- CITY COUNCIL MEETING 5468 November 16, 2004 Final Approval- Phase I Councilmember Pittis moved to adopt the Ordinance as read by title, citing of Olympic Heights Findings 1 - 19 and Conclusions A - F, as set forth in Exhibit "A" which is Subdivision attached to and becomes a part of these minutes. The motion was seconded by Ordinance No. 3173 Councilmember Braun and carried unanimously. (Cont'd) Ms. Suzann Pilot, the developer, approached the podium and expressed appreciation to the Council for the City's support with regard to the development, noting the excellent service provided by the CommunityDevelopment staff. She responded to an inquiry from Councilmember Williams in that the houses in this particular development will be stick built, with covenants and restrictions. Councilmember Rogers thanked Ms. Pilot for her investment in Port Angeles. Municipal Code 4. Municipal Code Amendment - MCA 04-02 - City-wide: Proposed Amendment- MCA 04-02 - Amendments to Various City Development Regulations Particularly Titles 3, City-wide 14, 15, 16, and 17ofthePortAngeles Municipal Code, and Three Area-wide Rezones for RS-11, Community Shopping District, and Public Buildings and Parks. (Continued from November 1, 2004): Mayor Headrick opened the public hearing at 9:20 p.m. Associate Planner Johns informed the Council that no changes had been made to the proposed Municipal Code amendments since consideration at the last Council meeting. He indicated that the Department of CommunityTrade and Economic Development had provided comments that were received earlier today. The Community and Economic Development Committee met earlier today to discuss the amendments but, because of other agenda items, the members were unable to focus on the amendments. Another meeting will be scheduled in this regard, and it is proposed that the public hearing be continued to December 7, 2004. Mayor Headrick, therefore, continued the public hearing as recommended. 2005 Wastewater Rates 5. 2005 Wastewater Rates: Ordinance No. 3174 Mayor Headrick opened the public hearing at 9:22 p.m. Director Cutler informed the Council that, since the last meeting, he received no further input on the proposed increase in Wastewater rates that is intended to support capital projects associated with the Combined Sewer Overflow (CSO) Reduction Plan. He indicated that Mr. Lamoureux' proposal submitted to the Council was discussed by the Utility Advisory Committee, who agreed to further consider the proposal in 2005. In addition, he was unable to reach a citizen who had inquired as to the rate increase. Allan Horrocks, 2410 South Lincoln, felt that it would be better for the City to proceed with a bond issue rather than increase Wastewater rates in view of the significant capital investment. He noted the impact of the increase on those individuals on fixed income, and he indicated that once rates are increased, they are never reduced. He also suggested there be a separate line item on the billing to reflect the charge for stormwater. Mayor Headrick indicated the project, which is an unfunded mandate, will involve $32 million in expenditures, and Councilmember Rogers clarified for Mr. Horrocks the differences between the stormwater charges and charges associated with the CSO Reduction Plan. Councilmember Erickson inquired as to whether a bond could be considered, and Director Ziornkowski provided a comprehensive review of the different types of bonds, as well as bond limitations. Director Cutler offered to provide Mr. Horrocks will a copy of the presentation that was made to the Council with regard to the CSO Reduction Plan, as it very thoroughly set forth the elements of the Plan and associated costs. Lengthy discussion ensued with Mr. Horrocks, and staff provided additional clarification as to the inability to co-mingle City funds. Mr. Horrocks urged the Council to seek an alternative method of underwriting the CSO costs. Councilmember Rogers informed Mr. Horrocks that the City is pleading its case with DOE because of the financial hardship being placed on the citizens in this regard. -7- 5469 CITY COUNCIL MEETING November 16, 2004 2005 Wastewater Rates Paul Lamoureux, 602 Whidby, combined his input on the Wastewater rates with Ordinance No. 3174 commentaries he would have provided under the Public Comment portion of the (Cont'd) agenda. Referencing the proposal he submitted at the last Council meeting with regard to Wastewater rates, he felt the point of his recommendation had been lost. He reminded the Council that they represent the citizens of the City, not the staff, and he felt the Council was not obligated to follow recommendations submitted by staff. Mr. Lamoureux asked about the difference in public representation on the Utility Advisory Committee as opposed to the Planning Commission. Councilmember Rogers explained the differences in by-laws for the two advisory groups, noting the Utility Advisory Committee will consider a change in composition in 2005. Attorney Bloor offered to meet with Mr. Lamoureux to explain the legal and philosophical differences between the two advisory committees. Mr. Lamoureux questioned the amount of public input on the Wastewater increase, and Councilmember Rogers assured him that this very public process had involved over a year's investment of time by the Utility Advisory Committee, who had been most diligent in considering all of the options. Mr. Lamoureux reiterated his conviction regarding fair value for dollars spent, again addressing the matter of changing the base rate for wastewater. He proposed that the rate should be $34.00 for 0 - 750 cubic feet, $38.00 for 751 - 1500 cubic feet, and $40.00 for 1500 cubic feet and over, with $2.00 of that amount being designated for CSO. He felt that, if these rates were equal to or higher than the City's proposed rate, his proposal should be adopted in favor of the average water customer. Mayor Headrick addressed Mr. Lamoureux' position, noting that other Port Angeles residents may not agree. The City Council is charged with the responsibility of representing all citizens when making such decisions. Following further discussion, Mayor Headrick closed the public hearing, and Councilmember Braun moved to adopt the Ordinance, the title of which is as follows: ORDINANCE NO. 3174 AN ORDINANCE of the City of Port Angeles, Washington, amending wastewater service rates by amending Chapter 13.65 of the Port Angeles Municipal Code. Couneilmember Rogers seconded the motion, which carried unanimously. Councilmember Rogers returned to the matter of the development regulations, inquiring as to the date by which the regulations must be adopted. Associate Planner Johns explained that the State indicated that the risk of a legal challenge associated with the December 7th deadline would be less than any challenge associated with adoption of the regulations before the closure of the 60-day comment period. Attorney Bloor and Manager Quinn assured Councilmember Rogers that the risk would be relatively small by waiting to adopt the regulations at the December 7 Council meeting. In view of the time, Councilmember Pittis moved to continue the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Rogers and carried unanimously. FINANCE: ]. Spot Coating #2 Floating Cover Digester, Project 04-10A: Spot Coating #2 Floating Director Cutler briefly reviewed the need to apply coatings to the #2 Floating Digester Cover Digester, Project Cover at the Wastewater Treatment Plant. Councilmember Williams moved to 04-10A award and authorize the Mayor to sign a contract with Square Construction, Inc., of Port Angeles in the amount of $29,241.00, for Spot Coating the #2 Floating Digester Cover, Project 04-10A. Councilmember Braun seconded the motion, which carried unanimously. -8- CITY COUNCIL MEETING 5470 November 16, 2004 Upgrade Leachate Pump 2. Upgrade Leachate Pump Station #1, Project 04-10: Station #1, Project 04-10 Director Cutler summarized information relative to the refurbishing of Leachate Pump Station #1 at the Landfill. Couneilmember Braun moved to award and authorize the Mayor to sign a contract with Grecor Construction of Olympia in the amount of $40,802.02, for Upgrade of Leaehate Pump State #1, Project 04-10. The motion was seconded by Councilmember Williams and carried unanimously. CONSENT AGENDA: Concerning Consent Agenda Item #5, Councilmember Braun asked whether the agreement would continue beyond the closure of the Landfill, and Director Cutler indicated it may be continued for an additional two years. The matter will be closely monitored and evaluated; it is quite possible the agreement won't need to be extended that long. On another matter, Councilmember Pittis suggested that City staff assist the Fine Arts Center with its web page. Following brief discussion, Councilmember Braun moved to accept the Consent Agenda, to include: 1 .) City Council Minutes of October 28, 2004, Special City Council meeting and November 1, 2004, Special City Council meeting; 2.) Expenditure Approval List - November 5, 2004 - $1,156,136.12; 3.) Electronic Payments - November 5, 2004 - $1,268,147.50; 4.) City Representative to ClallamCountyFair Board; 5.) Cooperative Service Agreement with U.S. Department of Agriculture; 6.) Equipment Purchase: Two Pool Vehicles; and 7.) Economic and Engineering Services Contract Amendment. The motion was seconded by Councilmember Munro and carried unanimously. RESOLUTIONS: Resolution Instituting Direct Deposit for City Payroll: Direct Deposit for City Councilmember Erickson, in talking to City employees, felt the matter of direct deposit Payroll of payroll checks should be left to the discretion of the employees. She indicated she Resolution No. 20-04 would vote in opposition to the proposed policy change. Councilmember Braun noted he could support the Resolution, if a change were made to the language in Section 2, whereby employees wouldn't have to approach the City Manager to be exempt from the policy. Councilmember Munro asked about costs incurred if some of the employees don't abide by the proposed direct deposit, and Director Ziomkowski indicated it would be easier to issue checks one way or the other. She explained there would be two processes involved, which has been past practice for many years. Discussion ensued as to the reasons of opposition expressed by some employees. Director Ziomkowskiclarified that direct deposit still has an itemization of deductions and benefits, exactly the same as the checks. Councilmember Rogers felt this was a means to accomplish efficiency. Concern was expressed by other Councilmembers that exceptions to the role would diminish any savings realized. It was pointed out that new employees may need time to establish checking accounts, and it would be acceptable to at least issue the first paycheck before direct deposit is established. Attorney Bloor indicated the Resolution serves as a policy statement and direction to staff. Discussion ensued as to acceptable language for Section 2, and Councilmember Williams moved to pass the Resolution, with the deletion from Section 2 of "...provided that for good cause shown to the City Manager an employee may be paid by check" and replacing it with language that employees may be paid by check pending establishment of an account for direct deposit. The motion was seconded by Couneilmember Rogers. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 20-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, directing amendment of Chapter 5 of the Port Angeles Personnel Policies and Procedures relating to employee pay. -9- 5471 CITY COUNCIL MEETING November 16, 2004 Direct Deposit for City A vote was taken on the motion, which carried 5 - 2, with Councilmembers Payroll Erickson and Pittis voting in opposition. Resolution No. 20-04 (Cont'd) ORDINANCES NOT 1. 2005 Property Tax Levy: REQUIRING PUBLIC HEARINGS: Director Ziomkowskireviewed the proposed property tax levy for 2005, including the regular levy, special tax levies, and a refund levy. It also includes property tax from 2005 Property Tax Levy new construction and State utilities. The levy, which constitutes an increase of 1% or Ordinance No. 3175 $33,351 for a total levy of$3,335,104, is due to the County by November 15. Director Ziomkowski indicated the new numbers for property tax valuations have not been submitted by the County; she should be able to provide them to the Council at the next meeting. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3175 AN ORDINANCE of the City of Port Angeles, Washington, authorizing a 1%, or $33,351, 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 2005, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. Couneilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Couneilmember Pittis and carried 6 - 1, with Councilmember Munro voting in opposition. Animal Control Ordinance 2. Animal Control Ordinance: Ordinance No. 3176 Attorney Bloor informed the Council that previous suggestions regarding the Animal Control Ordinance had been incorporated, and it was now being submitted for action. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3176 AN ORDINANCE of the City of Port Angeles, Washington, relating to the control of dogs, cats, domestic livestock, and exotic animals. The Ordinance provides for levels of animal control within the City of Port Angeles designed to protect human health and safety, and prevent injury to human, animals or property. Title 7, Animals, of the Port Angeles Municipal code is repealed in its entirety and replaced with a new Title 7. Couneilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Williams and carried unanimously. Ordinance Amending Fees 3. Ordinance Amending Fees and Charges for Services: and Charges for Services Ordinance No. 3177 In considering the revisions to fees and charges for services, Councilmember Williams spoke in support of adopting the same license fees for dogs and cats, as set forth on Page 25A in the Ordinance. Mayor Headrick read the Ordinance by title, entitled I 10- CITY COUNCIL MEETING 5472 November 16, 2004 Ordinance Amending Fees ORDINANCE NO. 3177 and Charges for Services Ordinance No. 3177 AN ORDINANCE of the City of Port Angeles, Washington, amending (Cont'd) Chapter 3.70 of the Port Angeles Municipal Code relating to fees. Councilmember Williams moved to adopt the Ordinance as read by title, incorporating Page 25A. The motion was seconded by Councilmember Rogers and carried 6 - 1, with Couneilmember Eriekson voting in opposition. CITY COUNCIL Councilmember Braun, in his capacity as Deputy Mayor, represented the City at COMMITTEE Victoria's Remembrance Day ceremony, which was attended by more than 25,000 REPORTS: people. OTHER Reappointment of Hurricane Ridge Public Developrnent Authority Board of Directors: CONSIDERATIONS: Manager Quiun presented information relative to the need to reappoint three existing Reappointment of members of the Hurricane Ridge Public Development Authority Board of Directors for Hurricane Ridge PDA terms of four years. Manager Quinn reviewed the PDA's commitment to facilitate a Board of Directors concession operation at Hurricane Ridge within Olympic National Park. Councilmember Munro moved to reappoint the following to the Hurricane Ridge Public Development Authority Board of Directors for terms of four years: Jim Jones, Port Angeles School District; Gary Holmquist, Hurricane Ridge Winter Sports Club; and Mike Quinn, City of Port Angeles. The motion was seconded by Couneilmember Braun and carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: None. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for twenty minutes 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. The Executive Session convened at 10:49 p.m., and at approximately 11:10 p.m., the Session was extended to 11:43 p.m. by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 11:43 p.m., and the Council reconvened in regular SESSION: open session. ADJOURNMENT: meeting was adjourned at 1 ~:43 p.m. R~hard A He~'"dric~I~or ~' B e ~ ~-y J .-/Jp ~o-n-ffl~i~'--C~k -11- Exhibit "A" 5473 FINDINGS AND CONCLUSIONS IN SUPPORT OF PHASE I OF THE OLYMPIC HEIGHTS SUBDIVISION: Findings: 1. Property owner Suzann Pilot submitted a request for final approval of Phase ! of the Pilot Subdivision approved on March 16, 2004, for Pilot International. The property is identified as being Suburban Lot 78 within the Townsite of Port Angeles located between the 2200 Blocks of West Fourteenth and West Sixteenth Streets. The entire site is approximately 8.66 acres in size. Phase I of the subdivision consists of Lots ! - 6 of the 32-unit subdivision. The application also indicates a change in the subdivision name from Pilot Subdivision to Olympic Heights Subdivision. 2. The subject property is identified on the Port Angeles Zoning Map as Single Family Residential (RS-9) which allows a density of up to 9 units per acre. Each lot in Phase I of the subdivision will be at least 9,000 square feet in area and is consistent with the approved preliminary plat.. 3. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the final approval of subdivisions. Section 16.08.070(G) ?AMC provides that the Planning Commission shall examine the final plat along with the recommendations of the City Departments and shall forward a recommendation thereon to the City Council which shall either approve or disapprove the final plat following a public hearing. 4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State. Section 58.17.110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision and determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 5. The subdivision was preliminarily approved to be developed in three phases. No timing for the phasing was proposed; however, preliminary approval for all phases will expire five years after City Council approval oft he preliminary plat which was March 16, 2004. 6. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. The purpose of the City's RS-9, Residential Single Family zone is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. 5474 Findings and Conclusions Olympic Heights Subdivision - Phase 1 Page 2 7. The Port Angeles Public Works and Utilities, Parks, and Fire Departments reviewed the final proposal for Phase I of the subdivision and their comments have been incorporated in the Department's recommendation of approval. The Public Works and Utilities Department has agreed to sign West Sixteenth Street for "No Parking" and to paint the last 50' of the curb at the west end of the street red indicating no parking in the turnaround area. 8. The site is served by City water, power, sewer, refuse pickup, and emergency services, and cable and telecommunications services are available to the subject lots. 9. Site development was done per an approved engineered clearing/grading/stormwater plan submitted by Zenovic and Associates due to the historic drainage concerns in the area. 10. The Comprehensive Plan requires concurrency at the time of development for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9) and should require concurrency at the time of development for solid waste collection, stormwater management, telecommunications service, and emergency service (Capital Facilities Element Policy A. 10). The City should not approve any development that will not be served at or greater than a city-wide level of service standard of 9 acres of parks per 1,000 population within six years from the time of development (Capital Facilities Element Policy A. 11). 11. Phase I is served by West Sixteenth Street, which is a local access street, and "N' Street, which is an arterial street. Improvement of West Sixteenth Street including a ditch and pedestrian walking path per the City's low impact development standards has been done by the proponent along the site's southern frontage of 30' for the continued development of West Sixteenth Street. The south one-half of West Sixteenth Street is fully improved with curb and gutter and can accommodate on-street parking if needed, however, the north side of the street abutting the subdivision cannot contain on-street parking due to its development to the low impact development standards. "No Parking" signs must be posted along the north side of West Sixteenth Street, and the restriction observed. 12. The City's low impact development standards for suburban areas were adopted in 2003 with the understanding that subdivisions developed under the reduced standards would not allow for on-street parking. Site development and design for residential lots developed under the lower impact development standards need to accommodate resident parking and visitor parking on-site. 13. Building permits are required for all structures within the subdivision. All local building and Fire Codes will require compliance during construction including residential sprinkler systems. 14. The Port Angeles School District has been notified of the subdivision development to allow planning for needed school facilities and routes. 15. The City's Parks Department responded that they are aware of the preliminary proposal and do not believe the level of service for the area will be hampered as a result of the Findings and Conclusions 5475 Olympic Heights Subdivision - Phase I Page 3 development. The City's LOS for parks and recreational services is 9 acres for 1,000 population and must be provided within six years from the time of development. An undeveloped wooded property donated to the City for a park use is located approximately V2 mile north of the subject site along "N" Street. The nearest public playground area is located approximately one mile north at Crown Park. 16. The City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Nonsignificance for the preliminary subdivision on February 5, 2004, therefore satisfying the City's responsibility under the Act. 17. The William R. Fairchild International Airport is located south of the site. Port of Port Angeles staff have been notified of the proposed subdivision proposal and per agreement with the Port, it is expected that those who purchase properties in the final subdivision will be aware of the existing on-going airport operations through a note on the title. 18. The Planning Commission's decision is a recommendation to the City Council who will conduct a public hearing on the final plat approval of the subdivision. The Commission acts as the City's heating body for preliminary subdivision approval. Reports are advisory only to ensure compliance to the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 19. The site was conspicuously posted on October 22, 2004, in accord with Section 16.08.070(G) PAMC which prescribes notification for the approval of a final subdivision. No written comments have been received to date. Conclusions: A. As conditioned, the proposed final of Phase I of the subdivision is consistent with the Port Angeles Comprehensive Plan, Zoning Code, Subdivision Ordinance (Chapter 16.08 PAMC), and Chapter 58.17 RCW of the Washington State Subdivision Act. Development of Phase I is in compliance with the conditions of preliminary approval of the subdivision approved on March 16, 2004. B. Appropriate provisions were made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school in the preliminary approval and remain in effect. C. Signage educating residents and visitors as to the prohibition of on-street parking will ensure that streets developed to the City's low impact development standards will remain passable for public safety situations when on-street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. Findings and Conclusions 5476 Olympic Heights Subdivision - Phase 1 Page 4 D. As the site has served as a drainage area over the years and due to the area of the site and its topography, cleating and grading activities were done under an approved engineered clearing/grading/stormwater drainage plan that will handle the existing drainage and future stormwater issues as a result of development through the subdivision process. E. The preliminary proposal was reviewed with respect to the Comprehensive Plan and was found to be in compliance with the Plan's goals and policies for residential development. F. The public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the State of Washington Growth Management Act. edby the Port Arigeles City Council at its meeting of November 16, 2004. Richard A. Headfic~, Ma~or~ B~c~cy j. uI~i~ty ~l~rkr