Loading...
HomeMy WebLinkAboutMinutes 11/20/2007 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENT A TIONS: Recognition of Wayne Barrett, President, Black Ball Transport Recognition ofDECA Recognition ofK-9 Officer Arco e 6163 CITY COUNCIL MEETING Port Angeles, Washington November 20, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:03 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, S. Roberds, N. West, T. Pierce, D. Morse, K. Miller, R. Bonine, R. Scairpon, L. Zenonian, S. Romberg, D Bellamente, S. Sperr, A. Brusseau, J. Vi ada, B. McFall, G. Roggenbuck, and D. Arand. Public Present: B. Hawes, M. Lang, L. Brabant, A. Anderson, D. DiGuilio, P. McCarty, G. Pazan, R. Anderson, D. Schuchardt, R. Schuchardt, P. Lamoureux, 1. & 1. Holcomb, L. Almaden, K. Hallern, B. Forsbert, R. Melvin, C. Dichiera, M. Trujillo, K. Russell, H. Prossor, B. Giesche, and D. Drain. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmembers Petersen and Headrick, followed by a moment of silence recognizing the Thanksgiving Holiday and the matters for which we should give thanks. I. Proclamation in Recognition of Wayne Barrett, President, Black Ball Transport: Mayor Rogers, joined by Councilmember Petersen, presented a proclamation to Wayne Barrett, retiring President of Black Ball Transport, recognizing his many contributions to the communities of Port Angeles and Victoria. 2. Proclamation in Recognition of DECA: Mayor Rogers read and presented a proclamation declaring the week of November 26 _ 30,2007, as National DECA Week, to DECA members Katie Arredondo, Alex Anderson, and David Schuchardt. 3. Proclamation in Recognition of the Service oj K-9 Officer Arco: Mayor Rogers, joined by Chief Gallagher, read a proclamation recognizing the service and dedication of recently deceased K-9 Officer Arco, who served the City of Port Angeles from November 25,1996, to October 19,2007. The proclamation was presented to Arco's handler and partner, Corporal Kevin Miller. Mayor Rogers presented cards from students at Franklin and Jefferson Elementary Schools, and Police Officer Rik Scairpon presented a montage of photos in honor of Arco. - 1 - 6164 CITY COUNCIL MEETING November 20, 2007 Council Terms of Office WORK SESSION: Off-Leash Dog Park LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Lincoln Street Storm Sewer Connection Charges Ordinance No. 3306 / 4. City Council Terms of Office: At the Mayor's request, Attorney Bloor presented information regarding City Council _ terms of office and the administration of the Oath of Office to the electees who will fill ., the appointed positions. The two new Councilmembers will take office before the end of year, and in all likelihood, it will be accomplished prior to the next Council meeting. The third electee will take office after January 1'1. Mayor Rogers presented plaques to Councilmembers Petersen and Headrick for their service to the City of Port Angeles, and Councilmember Wharton presented gifts to both. Mayor Rogers departed the meeting at 6:40 p.m. to attend a Hospital Commissioners Board meeting. Deputy Mayor Williams assumed chairmanship of the meeting. 1. Off-Leash Dog Park: Jennifer Holcomb, 1334 Samara Drive; Kelly Hallern, 63 Gehrke Road; and Linda Almaden, 916 W. 61h Street, sought City Council approval for the construction of a dog park at Lincoln Park where trees were recently removed. They advised the Council they have created a non-profit organization for this purpose, and the Parks Commission receptly gave preliminary approval. Donations will be collected through the non-profit organization, and the funds will be used for fencing, seeding, mowing, a site plan, and the like. Acknowledging there is much more to do, the three indicated they were seeking preliminary approval from the Council before they proceed. Discussion ensued, and in response to an inquiry from the Council, the three individuals acknowledged they are responsible for obtaining funds and they are aware of the liability issues. They also indicated they will use an organizational structure similar to that in Sequim by implementing a self-governing board. Also in response to an inquiry from the Council, Public Works & Utilities Director Cutler indicated a dog park would be an acceptable' use for the area in the short-term, at least for the next five years. Following further discussion, Councilmember Petersen moved to give the group the authority to develop a detailed proposal for the dog park project. The motion was seconded by Councilmember Munro and carried unanimously. There were no late items added to the agenda. Paul Lamoureux, 602 Whidby, asked for flexibility regarding the deadline for citizens to change their pick-up schedule on recycling. Councilmember Petersen noted Manager Madsen's presentation at the Port Angeles Business Association meeting this morning; he addressed the matter of the Rayonier site. Deputy Mayor Williams reported that he represented the City at Victoria's Remembrance Day. 1. Lincoln Street Storm Sewer Connection Charges: Deputy Mayor Williams wondered ifhe should recuse himself from the discussion, as he has an active real estate transaction in the vicinity and may benefit financially. Attorney Bloor responded this is not a quasi-judicial matter, so it is not subject to the conflict of interest and appearance of fairness issues. He felt it would be Deputy Mayor Williams' prerogative to recuse himself, but there would be nothing to prohibit his participation. City Engineer Sperr showed a slide orienting the Council to the assessment area in the Ordinance under consideration for the Lincoln Street Storm Sewer Connection Charges. The sewer connection charge originally came to the Council in August, and based on questions raised at that time, Mr. Sperr reviewed for the Council how the Ordinance will be applied, how similar Ordinances are implemented in other communities, and how the 2nd to 41h Street stormwater improvements on Lincoln Street that were completed in 1996 e - 2 - e ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Lincoln Street Storm Sewer Connection Charges Ordinance No. 3306 (Cont'd) RESOLUTION / OTHER CQNSIDERA TION: Ad Hoc Committee to Explore Consolidation With Fire District #2 & Shared Space & Apparatus Agreement With Fire District #2 Resolution #19-07 e Break CITY COUNCIL MEETING November 20, 2007 6165 are being assessed. Mr. Sperr answered questions raised by the Council on overlapping assessment areas in the vicinity of Safeway and how the information will be disseminated to the public. With concern expressed that this is heart ofthe town and development may be deterred because of the cost, Director Cutler noted a specific property whereby the fee would be significantly less than the cost to handle stormwater. He also discussed cost differences between Port Angeles, the City of Sequim, and the County. Mayor Rogers returned to the Council meeting at 7: 14 p.m. Based on the ensuing discussion, Attorney Bloor offered additional language to Section 4 ofthe Ordinance as relates to the application of the fee if the footprint ofthe structure is affected. Deputy Mayor Williams conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3306 AN ORDINANCE of the City ofPort Angeles, Washington, establishing charges for connection to the Lincoln Street Storm Sewer. Following brief discussion, Councilmember Munro moved to adopt the Ordinance as read by title, inclusive of the additional language to be added by the City Attorney. The motion was seconded by Councilmember Headrick and carried unanimously. 1. Formation of Ad Hoc Committee to Explore Consolidation with Fire District #2 and Shared Space & Apparatus Agreement with Fire District #2: Fire Chief McKeen noted a correction to the agenda in that discussions are only being held with Fire District #2. He summarized ongoing cooperative efforts between the City and Fire District #2 that have enabled increased efficiencies and service levels. The two entities are considering the sharing of reserve apparatus and sharing of administrative and apparatus storage space. Chief McKeen indicated the City would benefit from the ability to securely store reserve apparatus at District facilities, and the District would benefit by the use of administrative space in a centrally located facility. There would be no exchange offunds due to the mutual benefit, but the City would charge the District for pro-rated maintenance, utilities, and cleaning of space. Chief McKeen then discussed a possible consolidation of the two entities, and the recommendation to appoint an ad hoc committee to further explore the possibility. He noted the Health & Safety Committee, as well as Fire District #2, recommended approval of both issues. Members of the Council commended both Chiefs for this cooperative endeavor, noting this is an innovative model that would benefit the citizens. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 19-07 A RESOLUTION approving an ad-hoc committee to conduct a Fire Department Consolidation Feasibility Study for the City of Port Angeles and Clallam County Fire District #2. Councilmember Munro moved to authorize the Mayor to sign the agreement with Clallam County Fire District #2 for the sharing of reserve apparatus and the sharing of space, and to pass the Resolution as read by title. Deputy Mayor Williams seconded the motion, which carried unanimously Mayor Rogers recessed the meeting for a break at 7:30 p.m. The meeting reconvened at 7:50 p.m. - 3 - 6166 CITY COUNCIL MEETING November 20, 2007 OTHER CONSIDERATIONS: (Cont'd) Campbell Avenue Planned Residential Development PUBLIC HEARINGS - QUASI-JUDICIAL: Riedel II / Phase III 2. Campbell Avenue Planned Residential Development: Principal Planner West noted the receipt of a letter from Green Crow, stating the amended design for the PRD was modified by the City and that Green Crow wished to withdraw the application. Mr. West clarified the staff has not modified the PRD design, and he recommended the applicant come forward to confirm withdrawal of the PRD application. e Tim Woolett, Green Crow Properties, 727 E. 8th Street, acknowledged that Green Crow is withdrawing the PRD application as set forth in the letter, as the design is not what was proposed at the time they entered into the Development Agreement with the City. They will use the prior approved design. 1. Riedel II/Phase III: Mayor Rogers qualified the Council in terms of appearance of fairness, asking if any members had a personal interest or conflict of interest as relates to the subdivision. Deputy Mayor Williams related there has been significant development in the area, and because he is a realtor, he has attended open houses. In addition, in discussions with Mr. Woolett from Green Crow, he clarified he could not discuss the Green Crow development, and he subsequently canceled an appointment Mr. W oolett scheduled with him. He felt he could be impartial on the matter, and no one stated an objection to his participation. Mayor Rogers said her husband is a realtor with no interest in the area. Principal Planner West reviewed the application for final approval of the Riedel II / Phase III, involving 18 residential lots in the RS-9 single family zone. Phase I was approved in 2005 and Phase II in 2006. It is recommended that Phase III be denied, and Mr. West itemized pertinent issues related to sidewalk construction, stormwater development standards, water meter placement, development of a neighborhood park and walkways, and a wetland permit condition. Mayor Rogers opened the public hearing at 8:00 p.m. Tim Woolett, Green Crow Properties, 727 E. 8th Street, responded to the issues as set forth by Mr. West, countering with in-depth explanations of each. He distributed copies of pertinent correspondence from their Project Engineer to support their contentions. Mr. West further clarified the issues at hand, and Director Cutler provided input from the perspective of the Public Works & Utilities Department as relates to stormwater, the placement of water meters, as well as water run-off in the area. Lengthy discussion and debate followed. There being no further public testimony, Mayor Rogers closed the public hearing at 8:20 p.m. The Council deliberated the request for final approval at length, and Mr. West reminded the Council that the majority of the items identified were conditions of approval as previously issued by the City Council; these are not new issues, and the applicant is aware of these issues. Manager Madsen emphasized that staffis very willing to work with the developer on any of the issues. The recommendation is not to deny with prejudice, but action must be taken as required by State statutes. Following further lengthy discussion, Councilmember Headrick moved to deny final approval of the Riedel II Subdivision / Phase III, citing Findings 1 - 6 and Conclusion A, and to allow Green Crow and staff to work together towards resolution and bring the matter back to the Council at a future date. The motion was seconded by Councilmember Wharton. Upon making the motion, Councilmember Munro stated his preference that Green Crow would withdraw the request for final approval to further pursue the issues at hand. Mr. Woolett returned to podium, stating Green Crow would have no objection to withdrawing the application and waiting to resolve the issues. He reiterated Green e Crow's position on the issues. - 4 - e PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Riedel II / Phase III (Cont'd) Break PUBLIC HEARINGS - OTHER: 2008 Budget - Budget Ordinance, Conservation Fund Ordinance, and Telephone Tax Ordinance - Property Tax Levy - Ordinance No. 3307 & Fees Ordinance - Ordinance No. 3308 Continue Meeting Beyond 10:00 p.m. 2008 Budget (Cont') e CITY COUNCIL MEETING November 20,2007 r 6167 Councilmember Braun moved to call for the question. The motion was seconded by Councilmember Petersen and carried by a 2/3 majority vote, with Deputy Mayor Williams voting in opposition. A vote was taken on the main motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 8:55 p.rn. The meeting reconvened at 9:10 p.m. 1. 2008 Budget - Budget Ordinance, Conservation Fund Ordinance, Telephone Tax Ordinance, Property Tax Levy, and Fees Ordinance: Finance Director Ziomkowski used PowerPoint slides to present the 2008 budget, reviewing in detail the projected expenditures. She provided a summary ofthe proposed property tax levy, and recommended the continuation ofthe public hearing with Budget adoption on December 4th. She advised the Council that the Governor has called for a special session to ask for legislation limiting the property tax levy to I % because of the recent Supreme Court ruling. Discussion followed with regard to the funding dilemma of Washington cities. Deputy Mayor Williams moved to continue the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Wharton and carried unanimously. Mayor Rogers conducted a first reading of the Budget Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, amending the 2007 budget, adopting the 2008 budget for the fiscal year ending December 31, 2008, and providing for a cost of living increase for certain city employees. Mayor Rogers conducted a first reading of the Conservation Fund Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, establishing a conservation fund for the administration of funds used in the conservation programs which may be authorized by the City Council, and creating a new Chapter 3.25 of the Port Angeles Municipal Code. Mayor Rogers conducted a first reading of the Telephone Tax Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, revising taxes levied by amending Chapter 5.80 of the Port Angeles Municipal Code. Mayor Rogers conducted a second reading of the Property Tax Ordinance by title, entitled ORDINANCE NO. 3307 AN ORDINANCE of the City of Port Angeles, Washington, authorizing for collection in 2008 an increase in the regular property tax levy amount - 5 - 6168 CITY COUNCIL MEETING November 20, 2007 PUBLIC HEARINGS - OTHER: (Cont'd) 2008 Budget - Budget Ordinance, Conservation Fund Ordinance, and Telephone Tax Ordinance - Property Tax Levy - Ordinance No. 3307 & Fees Ordinance - Ordinance No. 3308 (Cont'd) OTHER CONSIDERA nONS: (Cont'd) Responsible Bidder Ordinance FINANCE: Landfill Slope Stabilization Project - Change Order No.5 Forks Jail Contract over the 2007 levy, in addition to any certain increases specified in RCW 84.55.1~0; determining and fixing the amount to be raised by ad valorem taxes for the fiscal year 2008; and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. e Mayor Rogers conducted a second reading of the Fees Ordinance by title, entitled ORDINANCE NO. 3308 AN ORDINANCE of the City ofPort Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to fees: Mayor Rogers continued the public hearing on the 2008 Budget at 10:04 p.m. There being no public testimony, the public hearing was closed at 10:05 p.m. Councilmember Wharton moved to adopt the Property Tax Ordinance as read by title. The motion was seconded by Councilmember Braun and carried by a majority vote, with Councilmember Headrick voting in opposition. Councilmember Wharton moved to adopt the Fees Ordinance as read by title. Councilmember Munro seconded the motion, which carried unanimously. Deputy Mayor Williams moved to waive the second readings of the 2008 Budget Ordinance, the Energy Conservation Fund Ordinance, and the Telephone Tax Ordinance. Councilmember Headrick seconded the motion. In the discussion that followed, it was revealed that the City had advertised for another public hearing on the Budget on December 41\ therefore, Deputy Mayor Williams withdrew the motion. 3. Responsible Bidder Ordinance: Attorney Bloor advised the Council that this Ordinance was being brought forward because of legislative changes related to criteria used to determine a responsible bidder for public works contracts. It expands the criteria and gives the City the authority to establish specific criteria for specific projects. Mayor Rogers conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance No. 3264, as amended, and Chapter 3.05 of the Port Angeles Municipal Code to amend the requirements for the lowest responsible bidder and to comply with recent changes to RCW 39.04. 1. Landfill Slope Stabilization Project 02-21, Change Order No.5: Director Cutler reviewed the change order, indicating it was brought about by virtue of the discovery of oil contaminated sand, costs associated with clean up, the addition of a third monitoring well and the decommissioning of an old monitoring well. Councilmember Petersen moved to approve Change Order No.5 to the contract with Glacier Construction Services, Inc., for the Port Angeles Landfill Slope Stabilization, Project 02-21, in the amount of $163,315.41, including sales tax, for a total contract amount of $2,723,347.75, Councilmember Headrick seconded the motion, which carried unanimously. 2. Forks Jail Contract: e Attorney Bloor summarized the Jail Contract with the City of Forks to continue prisoner confinement services for an additional three (3) years. Following brief discussion, - 6 - Forks Jail Contract (Cont'd) e Light Operations Building Modifications Breathing Air Compressor System Stancil Logging Recorder CONSENT AGENDA: INFORMATION: e CITY COUNCIL MEETING November 20, 2007 6169 Councilmember Munro moved to approve and authorize the City Manager and/or Mayor to sign the Prisoner Confinement Services Agreement with the City of Forks. The motion was seconded by Councilmember Braun and carried unanimously. 3. Light Operations Building Modifications: Director Cutler summarized information relative to bids solicited for needed remodeling of the leased facility for Light Operations at the Port of Port Angeles Airport Industrial Park. Councilmember Petersen moved to award and authorize the Mayor to enter into a contract with Hoch Construction to construct the interim Light Operations building modifications for a total amount of $190,249.59, including sales tax. Councilmember Munro seconded the motion. Discussion followed on the receipt of earnest money and the release of purchase and sale contingencies on the Light Operations .' \ ~\.lilding. A vote was taken on the motion, which carried unanimously. 4. Breathing Air Compressor System: Fire Chief McKeen reviewed bids received for the purchase of a Breathing Air Compressor System to enhance firefighter respiratory protection. The purchase is to be funded by a $53,000 federal grant. Councilmember Wharton moved to award the contract for a breathing air compressor system to Sea Western Fire Fighting Equipment and authorize the City Manager to sign a purchase order in the amount of $41,722.85. The motion was seconded by Councilmember Braun and carried unanimously. 5. Stancil Logging Recorder: Communications Manager Romberg presented information relative to the purchase and installation of a replacement Stancil Logging Recorder, something that can be purchased from WesTek through an Interlocal Agreement with Grays Harbor County E-9-1-1. The State of Washington Enhanced 9-1-1 and OPSCAN will fund the purchase. Councilmember Braun moved to approve an Interlocal Agreement with Grays Harbor County E-9-1-1 to utilize their comprehensive Stancil Recorder contract with WesTekand to authorize the City Manager to sign a contract with WesTekfor the purchase and installation of the Stancil Recorder in the amount of $34,985.02, including sales tax. Councilmember Headrick seconded the motion, which carried unanimously. Following brief discussion, Councilmember Munro moved to accept the Consent Agenda, to include: 1.) City Council Minutes dated November 6; 2.) Expenditure Approval List from 10/27/07 to 11/9/2007 for $3,008,520.62; and 3.) USDA Work Plan / Financial Plan Agreement. The motion was seconded by Councilmember Braun and carried unanimously. Manager Madsen announced the receipt of a notification from the Department of Community, Trade and Economic Development that additional funding has been approved for the Wildwood Terrace Apartments. In addition, he noted the receipt of a letter from Peninsula College President Keegan announcing the appointment of Manager Madsen to an advisory committee on the Applied Science and Management Program. Director Cutler announced that the dates of December 14, 15, or 16, 2007, are being considered for the ribbon-cutting ceremony for the Elwha Water Facilities Project. Mayor Rogers announced the date of December 14th has been tentatively selected for City Council orientation. -.7 - 6170 CITY COUNCIL MEETING November 20, 2007 EXECUTIVE SESSION: RETURN TO OPEN SESSION AND CONTINUE MEETING: Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately one 1 hour and 15 minutes for two items under the authority of RCW 42.30.110(1)(g), to review performance of public employee, and RCW 42.30.11 O(i) potential litigation with no action to follow. The Executive Session convened at 10:50 p.m. At 11 :40 p.m., the meeting was continued to Sunday, November 25, 2007, at 4:00 p.m., at which time Executive Session will be reconvened under the authority of RCW 42.30.110(1)(g), with possible action to follow. b~f~ A)~ Becky 1. Up Ci lerk - 8 - e e 6171 ATTACHMENT A FINDINGS AND CONCLUSION IN SUPPORT OF DENIAL OF REIDEL II SUBDIVISION PHASE 3: Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (P AMC) outlines requirements for the submittal of final plats and sets forth local requirements for the approval of subdivisions. 2. Green Crow Properties submitted a request for final approval of Phase 3 of the Riedell II subdivision on September 24,2007. The proposed Riedell II Subdivision site is located off of Mount Angeles Road near its intersection with Rook Drive. The preliminary plat application includes a drawing received and dated March 4,2004, prepared for Green Crow Properties by Wengler Surveying and Mapping Co., which was used as the basis for the preliminary plat review. The final plat will be entitled Reidell II Subdivision Phase 3. 3. The City Council gave preliminary approval of the Reidel II subdivision to be developed in three phases on June 1, 2004, with 10 conditions. 4. Public Works and Utilities Department staff review of the final submittal identified that sidewalks have not been constructed in accordance with ADA standards, nor with approved development plans, street development does not include shoulders and ditching to City standards, a storm water plan has not been received for the entire site such that staff can determine whether the established stormwater system is in compliance with stormwater standards, and water meters have not been placed in accordance with approved development plans. Water meters must be relocated into the right-of-way. 5. Staff met with the applicant to disGuss an alternative to a required correction in the development of sidewalks throughout Phase III. Staff and the applicant agreed that a condition could be placed on the face of the final recording document requiring sidewalk development to be corrected by the developer that crosses driveway areas, at the developer's expense for a period of two years following final plat approval in lieu of correction of the irregularity prior to final plat approval. 6. Community and Economic Development staff review of the final submittal identified that conditions regarding development of the wetland, park, and series of walking paths have not been completed. 6172 Conclusion: A. Phase 3 final plat development is not in accordance with the conditions of approval as adopted by the City Council on June 1, 2004, and therefore cannot be approved as submitted. Adopted by the Port Angeles City Council at its meeting of November 20,2007. qf~!:~ T:\PLANNING\SUB\Reidel\phase 3 f&c.rtf