HomeMy WebLinkAboutMinutes 12/06/2005
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CALL TO ORDER-
SPECIAL MEETING:
EXECUTIVE
SESSION:
RETURN TO OPEN
SESSION:
CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PRESENTATIONS,
CEREMONIAL
MATTERS &
PROCLAMATIONS:
Firefighters' Participation
in Hurricane Katrina
Relief Efforts
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WORK SESSION:
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5765
CITY COUNCIL MEETING
Port Angeles, Washington
December 6, 2005
Mayor Headrick called the special meeting of the Port Angeles City Council to order
at 5:15 p.m.
Mayor Headrick announced the need for an Executive Session for approximately 45
minutes under the authority ofRCW 42.30. 140( 4)(b) regarding a planning position to
be taken during the course of negotiations and RCW 42.30.11 O(i)(B) regarding a matter
of real estate. The Executive Session convened at 5:15 p.m.
The Executive Session concluded at 6:00 p.m., no action was taken, and the Council
reconvened in regular open session. Mayor Headrick announced a 5-minute break.
Mayor Headrick called the regular meeting of the Port Angeles City Council to order
at 6:04 p.m.
Members Present:
Mayor Headrick, Councilmembers Braun, Erickson,
Munro, Pittis, Rogers, and Williams.
Members Absent:
None.
Staff Present:
Manager Madsen, Attorney Bloor, Clerk Upton, D.
McKeen, T. Riepe, Y. Ziomkowski, D. Chastain, P. Rose,
S. McLain, J. Young, T. Pierce, L. Dunbar, J. Mahlum, N.
West, S. Johns, and S. Roberds.
Public Present:
C. J. 9irard, M. Haggerty, C. Kidd, A. Whetstine, V.
DelGuZzi, F. & A. Andrews, K. Weimer, N. & D. Hagin,
P. Lamoureux, L. Brishin, J. Heckman, D. & J. Mudd, R.
Steinman, C. Rennie, L. DelGuzzi, M. Madison, F. Seing,
K. & T. Jensen, F. & W. Rix, C. Berg, B. Wharton, T.
Armstrong, M. & R. Oakes.' All others present in the
audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Councilmember Braun.
Firefighters' Participation in Hurricane Katrina Relief Efforts:
Fire Chief McKeen opened discussion on the efforts of Paramedic Dave Chastain and
Firefighter/EMT Pat Rose, who were sent in response to a FEMA request to assist with
Hurricane Katrina relief efforts. FEMA, an agency responsible for relief and recovery,
provided orientation to the firefighters to assist with direct public outreach to
individuals in the affected areas. Messrs. Chastain and Rose showed pictures of the
devastation while describing their life-changing experience. Firefighter Rose returned
home with a puppy he saved and, on behalf of the Council, Councilmember Rogers
presented him with a treat bag for "Missy".
None.
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5766
CITY COUNCIL MEETING
December 6,2005
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS &
PUBLIC COMMENT:
FINANCE:
Crown Park Stormwater
Sludge Pump Purchase
Contract for Fire Records
Management System
CONSENT AGENDA:
Manager Madsen added the Indigent Defense Services Contract to the Consent Agenda
as Item F.l 0; he deleted Item F. 8. from the Consent Agenda. He added a real estate
purchase as Agenda Item J.3. and benefits for non-represented employees to Other
Considerations as Agenda Item J.4. On behalf of the EmployeesAssociation, Manager
Madsen extended an invitation to the Council for the Winter Gala this coming
Saturday.
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Joe Girard, representing the Law Enforcement Advisory Board, referenced a letter in
the Information Agenda expressing the LEAB's support of the Downtown Resource
Officer Program. Mr. Girard appreciated the Council's support of the Advisory Board
and of the Police Department in its efforts to provide a high level of service to the
community.
Paul Lamoureux, 602 Whidby, provided suggestions to the Council for changing the
order of agenda items for the meetings. He distributed copies of the proposed changes
in the interest of accommodating the public.
Tammy Ratliff, 50 Benson Road, provided kudos to the firefighters for their efforts.
She then expressed disappointment with the decision on the Western UGA rezone.
1.
Crown Park Storm water Sludge Pump Purchase, Project 21-08:
Deputy Director of Power Systems McLain presented information regarding a
stormwater treatment structure that was installed at Crown Park in 2004 as part of the
Crown Park Sewer/Stormwater Improvement Project. The structure must be
maintained by pumping to clear accumulated solids from the sump area. Discussion
followed with Wastewater Superintendent Young answering questions posed by the
Council and providing information relative to the pump previously considered by the
Council. Councilmember Pittis moved to authorize the Director of Public Works
& Utilities to sign a purchase contract for the Godwin portable pump system,
Heidra 100 Hydraulic submersible pump, from Godwin Pumps of America, Inc.,
in an amount not to exceed $28,250 and to consider using the previous pump
reviewed at the Wastewater Treatment Plant. The motion was seconded by
Councilmember Braun and carried unanimously.
2.
Contract for Fire Records Management System:
Fire Chief McKeen submitted information on the Regional Fire Records Management
Syste!fl, a computer based records management system that manages a multitude of fire
service records. The programs are part of the services provided by PENCOM to its
subscriber fire agencies. Chief McKeen indicated the City would incur a significant
savings that will far exceed the initial cost of the records management system.
Following discussion, Councilmember Braun moved to authorize the City Manager
to sign the contracts between the City and Emergency Reporting, Inc., for a new
Internet based record management system and related interface that will be
utilized by five area fire protection agencies. Councilmember Rogers seconded
the motion, which carried unanimously.
The City Council considered the Consent Agenda, as follows: 1.) City Council
minutes of November 10, 2005, Special Meeting, and November 15, 2005, Regular
Meeting; 2.) Expenditure List - November 25,2005 - $804,266.13; 3.) Electronic
Payments - November 25, 2005, $1,603,771.00; 4.) Landfill Gas System
Improvements 2005, Project 05-17, Final Acceptance; 5.) Appointment of City
representatives to Clallam County Advisory Boards; 6.) Appointment of Council
Member Rogers to Clallam Business Incubator (CBI) Board of Directors; 7.)
Acceptance of2005-2007 Washington State Archives Local Records Grant; 8.) Imtend
Pal~ Lease DupaI; 9.) Utility Right-of-Way Easement on City Property; and 10.)
Indigent Defense Services Agreement.
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CITY COUNCIL MEETING
December 6, 2005
5767
CONSENT AGENDA:
(Cont'd)
Following discussion concerning the Indigent Defense Services Agreement,
Councilmember Rogers moved to accept the Consent Agenda. The motion was
seconded by Councilmember Williams and carried unanimously.
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CITY COUNCIL
COMMITTEE
REPORTS:
None.
Break
Mayor Headrick recessed the meeting for a break at 6:58 p.m. The meeting
reconvened at 7: 11 p.m.
PUBLIC HEARINGS -
OTHER:
1.
2006 Budget Hearing:
2006 Budget Hearing
Ordinance No. 3225
Mayor Headrick opened the public hearing at 7: 11 p.m., after which Finance Director
Ziomkowski, with the use of PowerPoint slides, presented the Budget Ordinance for
2006 and the amended Budget for 2005. She reviewed changes to the 2005 budget for
a total amended budget in the amount of $87,811,756, which included the Western
UGA utility extension, funding for the 8th Street Bridge project, deferred funding for
the Gateway Project, designation of funds to the CIP, and funds for the fIre ladder
truck. The 2006 budget is $104,044,019, with $74,179,519 in the operating budget
and 29,864,500 in capital projects. Director Ziomkowski provided an incdepth review
of the changes that were made to the 2006 Preliminary Budget, all of which were
incorporated in the Ordinance being recommended for adoption this evening. She
included in her report a plan for fmancing the purchase of the "Niichel" property. Brief
discussion followed on the PENCOM position added to the budget document.
Tammy Ratliff, 50 Benson Road, sought clarifIcation regarding the types of public
safety issues involving PEN COM, and further information was provided by Director
Ziomkowski and Police Chief Riepe as to PENCOM's role in county-wide 9-1-1
dispatching and the need for technological support.
Mayor Headrick referenced the addition of$76,000 for the real estate purchase being
proposed, and Director Ziomkowski responded the Budget could still be adopted with
that proposed amendment. Discussion ensued on Budget-related items that wi11likely
be addressed at an upcoming Council retreat. There being no further public testimony,
Mayor Headrick closed the public hearing at 7 :31 p.m. and read the Ordinance by title,
entitled
ORDINANCE NO . 3225
AN ORDINANCE of the City of Port Angeles amending the 2005
budget, adopting the 2006 budget, and providing for a cost of
living increase for certain city employees.
Councilmember Braun moved to adopt the Ordinance as read by title, to include
the amendment for the real estate purchase. The motion was seconded by
Councilmember Rogers and carried 6 - 1, with Councilmember Erickson voting
in opposition. Councilmember Erickson expressed the opinion that the Parks Deputy
Director position should be at a department head level, so she opted to vote against the
motion. Councilmembers Pittis and Williams indicated support ofthe Budget, but they
wanted it known they were not supportive of the funding for fluoridation.
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WaterlWastewater Rate
Adjustments
Ordinance No. 3226
Ordinance No. 3227
2. Water/Wastewater Rate Adjustments:
Mayor Headrick re-opened the public hearing at 7:34 p.m., and Deputy Director
McLain referenced the previous presentation made by the consultant on the matter of
rate adjustments. Following the public hearing, it is recommended that the second
reading of the Ordinances be waived and that the Council proceed to adoption of the
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5768
CITY COUNCIL MEETING
December 6,2005
Water/Wastewater Rate
Adjustments
Ordinance No. 3226
Ordinance No. 3227
(Cont'd)
Break
OTHER
CONSIDERA nONS:
Appeal of State
Environmental Policy Act
(SEP A) Determination of
Non-Significance
Ordinances. Mayor Headrick read the Ordinances by title, entitled
ORDINANCE NO. 3226
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AN ORDINANCE of the City of Port Angeles, Washington,
Washington, revising water service rates and amending
Chapters 3.70, 13.24, 13.32, 13.44, and 13.69 of the
Port Angeles Municipal Code.
ORDINANCE NO. 3227
AN ORDINANCE of the City of Port Angeles, Washington,
revising wastewater service rates and amending Chapters 13.65
and 13.69 of the Port Angeles Municipal Code.
Power Manager Dunbar provided an overview of each Ordinance, noting that CSO's
greatly impacted the rates because of the unfunded federal mandate. At the Mayor's
request, he also summarized the combined sewer overflow system, listing the projects
that will be forthcoming. Attorney Bloor clarified for the Council that the penalties for
not abiding by the CSO requirements are deserving of serious consideration, as there
may be significant civil penalties, and the DOE has the authority to halt all new service
inside the City limits. Deputy Director McLain offered a correction to Page 2 of the
Wastewater Ordinance whereby the effective dates should be 2006, 2007, and 2008.
Paul Lamoureux, 602 Whidby, distributed a document to the Council setting forth
various questions as to why the base of 430 cubic feet hasn't been increased, whether
more customers equal less revenue, whether it costs more to supply more water,
whether higher water users pay more, and whether an incremental rate structure has
been considered. Discussion followed, and individual Councilmembers provided Mr.
Lamoureux with further clarification and information on the rate-setting process and
structure.
Mayor Headrick closed the public hearing at 8:06 p.m. Councilmember Pittis endorsed
the concept of a public education effort in order to provide the public with a
comprehensive explanation as to the reasons for the rate adjustments. The Council was
in agreement, noting that information should be placed on the web page and flyers
should be included with the utility bills. Councilmember Pittis moved to waive the
Council's required second reading of the two Ordinances. Councilmember
Williams seconded the motion, which carried unanimously.
Councilmember Rogers moved to adopt the two Ordinances as read by title. The
motion was seconded by Councilmember Erickson and carried unanimously.
Mayor Headrick recessed the meeting for a break at 8: 11 p.rn. The meeting reconvened
at 8:22 p.m.
1.
Appeal of State Environmental Policy Act (SEPA) Determination of Non-
Significance Regarding a Subdivision / 140-Unit Planned Residential
Housing Development in the RS-9 Zone:
Mayor Headrick opened the quasi-judicial proceedings by stating the purpose of the
closed record appeal hearing and posing questions to the Council as relates to
appearance of fairness issues. The Councilmembers responded as to their ability to hear
the issue with impartiality. Councilmember Williams disclosed he is a realtor at Carroll
Realty, and the firm's broker lives within three blocks of the project, but no details . e
pertinent to the project were discussed by the two. Councilmember Rogers added that
her husband is also a realtor at Carroll Realty, but they have had no discussions
regarding the project. Councilmember Pittis disclosed that he lives on Park Avenue
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OTHER
CONSIDERATIONS:
(Cont'd)
Appeal of State
Environmental Policy Act
(SEP A) Determination of
Non-Significance (Cont'd)
Extend Meeting Beyond
10:00 p.m.
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CITY COUNCIL MEETING
December 6, 2005
5769
and frequently uses the intersection in question. Mayor Headrick asked if any member
of the audience had grounds to disqualify a Councilmember from hearing the appeal.
Fred Rix, 139 West Ahlvers, felt an appearance of fairness issue existed with
Councilmember Williams, because he is a realtor and could gain from the development.
Attorney Bloor asked Councilmember Williams ifhe had any interest or financial gain
in the development, to which Councilmember Williams responded that he did not.
Attorney Bloor, therefore, concluded that Councilmember Williams should not be
disqualified from the deliberations. No other issues were raised by the audience.
Mayor Headrick disclosed that he has a family member who owns abutting property,
but there have been no discussions between them on the project. He then read the rules
of the proceedings.
Associate Planner Johns provided an overview of the SEP A checklist review for the
Reserve at Valley Creek Planned Residential Development. The SEP A Responsible
Official determined that the existing development standards would mitigate the impacts
to a non-significant level, based on the information available at the time.
Fred Rix, 139 W. Ahlvers, appellant, referenced two letters he had written that were
contained in the Council packet, one dated July 18, 2005, and the other dated
November 28,2005. He appealed the Determination of Non-Significance, feeling that
a full Environmental Impact Statement should be done. In that copies of the DNS were
not provided to the Council, staff departed the Chambers to obtain copies for the
Council's reference. Mr. Rix then proceeded to discuss specific aspects of the DNS,
providing sUl:>stantiation of his position related to soils, unstable soils, as well as filling
and grildmg on the wetland. In addition, he took exception to aspects of the DNS on
erosion, the amount of impervious surfaces anticipated, the lack of seasonal streams
identified, the,possibility of the swale being located in the buffer zone, and the amount
of fill and dredge material projected. Mr. Rix also disagreed with and provided
commentaries regarding water diversions; the discharge of waste materials to surface
waters; water runoff; waste materials; the proposed measures to reduce or control
surface, ground, and runoff water impacts; the amount of vegetation removed;
proposed landscaping; birdsJ and animals observed to be on the site; the lack of
measures to preserve or enhance wildlife; the possibility for wood heat as relates to
clean air issues; environmental health hazards; transportation issues with related safety
issues; and the failure to address the AhlverslPeabody safety issue.
Discussion ensued with staff providing clarification to the Council on the differences
between SEP A and the permitting process and the fact that the issues of the SEP A
become a condition of the permit in that there are specific ordinances and policies that
must be adhered to by the developer. Discussion also focused on the level of public
involvement in a Determination of Non-Significance versus an Environmental Impact
Statement.
Councilmember Williams moved to extend the City Council meeting beyond 10:00
p.m. The motion was seconded by Councilmember Braun and carried
unanimously.
Mr. Rix continued to address specific areas of the DNA with which he disagreed, such
as increased need for public services, whether the proposal is the first of its type in the
community, the need for a distance to be calculated on the buffer, increased nutrient
loading and contaminants, increased turbidity. He discussed agencies needing the
opportunity to comment and reiterated his desire to see a full EIS.
Lengthy discussion followed, and the Councilmembers deliberated the various issues
as delineated by Mr. Rix, asking questions of Mr. Rix and the staff.
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5770
CITY COUNCIL MEETING
December 6, 2005
Break
OTHER
CONSIDERATIONS:
(Cont'd)
Appeal of State
Environmental Policy Act
(SEP A) Determination of
Non-Significance (Cont' d)
Consideration of
Subdivision / Planned
Residential Housing
Development in RS-9 Zone
RESOLUTIONS:
Amended Resolution
Setting Public Hearing -
STY 05-05 - Gardner
Resolution No. 25-05
PUBLIC HEARINGS -
QUASI-JUDICIAL:
Mayor Headrick recessed the meeting for a break at 10:38 p.m. The meeting
reconvened at 10:53 p.m.
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Tom Armstrong, President of Development and Construction Group, Inc., the
applicant, addressed the Council by stating the SEP A checklist was correct and was
based on the information available at the time. Mr. Armstrong addressed such matters
as the traffic analysis done twice, the wetlands mitigation plan, and engineering for
stormwater. Discussion followed with the Council asking questions of Mr. Armstrong.
Steve Zenovic, Project Engineer, advised the Council that he completed the checklist
which he felt was accurate. Mr. Zenovic provided information on the intended
development of the flatter areas, describing the slopes that are not excessively steep and
the fact that mitigation would occur in those areas that were logged. He also discussed
stormwater and erosion control and answered questions posed by the Council.
Planner Johns reiterated that the SEP A process was followed properly, and he indicated
the issues identified in the appeal were related to the permit and not SEP A. He further
indicated that staff is aware there will be a requirement for a Hydraulic Permit, and
there will be traffic issues to ,be addressed. Lengthy discussion followed regarding
wood smoke and the compliance regulations as set forth by the Olympic Region Clean
Air Agency. The Council deliberated at great length the issues that had been
introduced, after which Councilmember Erickson moved to deny the appeal and
uphold the Determination of Non-Significance. The motion was seconded by
Councilmember Rogers, and carried 6 - 1, with Mayor Headrick voting in
'opposition.
2. Consideration of Subdivision I Planned Residential Hozising Development in
the RS-9 zone Located Southwest of the Intersection of Ahlvers:
The Council agreed by consensus to defer consideration of this agenda item to the
December 20, 2005, meeting.
Amended Resolution Setting Public Hearing - STV 05-05 - Gardner:
The City Council considered the amending Resolution incorporating a corrected legal
description with regard to setting a street vacation public hearing. Mayor Headrick
read the Resolution by title, entitled
AMENDED RESOLUTION NO. 25-05
AN AMENDED RESOLUTION of the City Council of the City of
Port Angeles, Washington, correcting the legal description in
Resolution 22-05 and setting a hearing date of January 17, 2006,
for a petition to vacate a portion of Second Street located east
of vacated Alder Street, in Port Angeles, Clallam County,
Washington.
Councilmember Braun moved to pass the Resolution as read by title.
Councilmember Williams seconded the motion, which carried unanimously.
None.
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ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Purchase of Property for
Downtown Parking - Set
Public Hearing for
December 20, 2005
Resolution No. 26-05
Nuisance Ordinance
Ordinance Creating Fund
OTHER
CONSIDERATIONS:
(Cont'd)
Real Estate Purchase -
Valley Creek Property
CITY COUNCIL MEETING
December 6, 2005
5771
1. Presentation Regarding Purchase of Property for Downtown Parking and Set
Public Hearingfor December 20,2005:
Attorney Bloor advised the Council this would constitute the first reading of the
proposed Ordinance. Mayor Headrick read the Ordinance by title, entitled
ORDINANCE NO.
AN ORDINANCE of the City ofPort Angeles, Washington, approving
the purchase of the Niichel property to be acquired in part for off-
street parking.
Mayor Headrick read the Resolution by title, entitled
RESOLUTION NO. 26-05
A RESOLUTION of the City Council of the City of Port Angeles,
'Xashington, setting a public hearing on December 20t\ 2005,
to' consider an ordinance authorizing the purchase of property
,\ to, be, acquired, ~ part, for, off-street parking.
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Councilmember Erickson moved to 'pass the Resolution as read by title.
Councilmember Williams seconded the motion, which carried unanimously.
2.
Nuisance Ordinance:
In considering the first reading of the proposed Ordinance, it was noted that the
December 20th Council meeting will be rather lengthy; therefore, it was agreed this
agenda item should be targeted for a January Council meeting. Mayor Headrick read
the Ordinance by title, entitled
ORDINANCE NO,'
AN ORDINANCE of the City of Port Angeles, Washington, revising
the nuisance and junk vehicle enforcement procedures, adding a
new chapter 8.30, and amending Ordinances 2469 and 2698, as
amended, and repealing Chapter 8.04 of the Port Angeles
Muriicipal Code.
3.
Ordinance Creating Fund:
The Council agreed that this Ordinance should also be targeted for consideration at a
January meeting. Mayor Headrick read the Ordinance by title, entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, creating
a fund for the administration and accounting of revenue from the
Department of Interior for upkeep, operation, maintenance, and
repairs of the City's municipal water treatment plant, and adding a
new section, 3.42, to Chapter 3, of the Port Angeles Municipal Code.
3. Real Estate Purchase - Valley Creek Property:
Mayor Headrick presented information relative to the proposed purchase of the Ralston
Valley Creek property. He indicated the City has a Purchase and Sale Agreement in
hand for $87,500. The cost to the City would not to exceed $76,000, which is the
amount being requested in the amended Budget. Further, the authorization would be
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5772
CITY"COUNCIL MEETING
December 6,2005
Real Estate Purchase -
Valley Creek Property
(Cont'd)
Benefits for Non-
Represented Employees
INFORMATION:
EXECUTIVE SESSION:
ADJOURNMENT:
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based on the utilization of the last oil spill funds at $12,935.89. Councilmember
Munro moved to acquire the property as presented. The motion was seconded by
Councilmember Rogers and carried unanimously.
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4.
Benefits for Non-Represented Employees:
The Council considered proposed benefits for non-represented employees, to include
a statement of goals and policies. Following brief discussion, Councilmember Braun
moved to adopt and implement the Goals, Policies, Benefits, and Hiring Tools as
presented. The motion was seconded by Councilmember Rogers and carried 6 -
1, with Councilmember Erickson voting in opposition.
None.
None.
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.chard A. Headrick, Mayor Becky J. Upt Ci lerk .
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