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HomeMy WebLinkAboutMinutes 12/17/1996 3420 CITY COUNCIL MEETING Port Angeles, Washington December 17, 1996 CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City COuncil to REGULAR MEETING: order at 7:05 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle, and McKeown. Members Absent: Councilmembers Hulett, Wiggins. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, S. Ilk, J. Pittis, B. Titus, G. Kenworthy, K. Ridout, and Y. Ziomkowski. Public Present: J. Cloud, E. Rainbo, P. Wheeler, D. Cloud, F. Taggart, C. Duppenthaler, A. Schwarz, C. Schwarz, F. Conrad, K. Monds, J. Pedersen, E. Hansen, J. Curt, P. McCauf, J. Ralston, A. Deese, and M. Lucas. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINUTES: December 3, 1996. Councilmember McKeown seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: 1) Extension of agreement for access across the landfill by Mr. DeChantal; 2) Payroll - December 1, 1996 - $401,643.54; 2) Voucher list - December 13, 1996 - $617,892.05. Councilman Campbell seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE None. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: PUBLIC HEARINGS: Golf Course Road Sanitary Sewer Local Improvement District Golf Course Road Mayor Ostrowski' reviewed the information provided by the Public Works Sewer LID Department., and Director Pittis and City Engineer Kenworthy gave a presentation Ordinance No. 2939 summarizing the chronology of this proposed LID. Mayor Ostrowski opened the public hearing at 7:16 p.m. Dottie Foster stated she owned property in the LID area. If the sewer is installed, she will be able to build a home on her land, which is something long awaited. There was no further public testimony and the public hearing was closed at 7:18 p.m. Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2939 AN ORDINANCE of the City of Port Angeles, Washington, ordering certain local improvements and creating a local improvement district; providing for the payment of the cost - 1 ' 3421 CITY COUNCIL MEETING December 17, 1996 PUBLIC HEARINGS: of such improvements by special assessments; creating a (Cont'd) local improvement district fund; and providing for the issuance and sale of local improvement district bends and Golf Course Road interim financing warrants or notes. Sewer LID Ordinance No. 2939 Councilman Braun moved to adopt the Ordinance as read by title. Councilman (Cont'd) Campbell seconded the motion. Councilman Campbell asked for clarification of Section 8 of the Ordinance dealing with reimbursement bonds, which was explained by Attorney Knutson and Treasurer Ziomkowski. Director Pittis gave a further explanation of the LID process. After further discussion and clarification. A vote was taken on the motion, which carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings Hotel/Motel Tax Funding Mayor Ostrowski felt item A. 1. a. should be moved up on the agenda to accommodate all those present for this discussion. 1. a. Correspondence from Chamber of Commerce Regarding Hotel/Motel Funds Mayor Ostrowski gave a brief review of the issue and invited the Chamber of Commerce to give a short presentation. At Manager Pomeranz's suggestion, Clerk Upton reviewed the list of agencies and the amount of money allocated to each. Erl Hansen and Carol Johnson of the Port Angeles Chamber of Commerce addressed the Council pertinent to the allocation made to the Chamber of Commerce. Mr. Hansen stated he understood what a difficult process this is, and that money was limited. He thanked the Council for funding the Visitor's Center; howeVer, two important items were overlooked in the funding, that being the brochure and City map. Mr. Hansen distributed copies of the brochure to the Council, described its contents, and indicated that 13,000 brochures were mailed out last year. He then distributed copies of petitions signed by Chamber members and read the petition aloud. He stated the Chamber of Commerce needed an additional $10,000 for the map and brochure. Ms. Johnson stated that the Visitor's Center, without the brochure, would be totally ineffective. Katherine Monds, 234 E. 9th Street, Manager of the Museum of the Clallam County Historical Society, was devastated upon learning the Museum would not be funded this year. She felt allocating the majority of the money to three different organizations dedicated to promoting Port Angeles was an inefficient use of funds. Once tourists are attracted there must be things for them to do, such as visit a museum. The museum has hosted visitors from 48 states and 32 countries. Without funding, the museum will be facing closure in 1997. John Ralston spoke in support of the Parks and Recreation Department and stated staff had done a great job on the tournaments the City hosted. Mr. Hicks listed several of the tournaments and how many participants had stayed in the local hotels and motels. He encouraged the Council to continue funding for this program. Councilmember McKeown estimated that the tournaments brought in approximately $360,000 last year. The sales tax brought in was more than three times the amount of the funding. Mayor Ostrowski added that the Council hoped to continue funding the Parks and Recreation Department, as the return on the investment was amazing. Pat McCulley, Secretary of the Visitor and Convention Bureau, commended the City Council on its foresight in developing the committee and application system for hotel/motel tax allocations. She asked the Council to restore the $5,000 eliminated from the VCB's request, as it was not for administrative purposes, but for phone and postage. Ms. McCulley stated the VCB supported the funding of festivals; however, certain conditions must be met. She then cited the RCWs which set forth the allowed use of hotel/motel tax funds and expressed the hope that the Council would reconsider some of the committee's recommendations. Josephine Pedersen, 1320 S. Cherry Street, representing the Story People the Story Telling Festival, thanked the Chamber of Commerce for the help they have given them in the past. Port Angeles has the facilities to have a really grand festival. Between seven and eight thousand people attend story telling festivals when properly advertised. Mayor Ostrowski stated the Story Telling Festival was very entertaining and hoped it could be continued. LouAnn Yaeger, 1325 South 'N' Street, an employee of the Chamber of Commerce Visitor's Center, noted that the Visitor' Center has contributed maps to. every organization that has requested them. She urged the Council to look favorably on funding for the Chamber. -2- 3422 CITY COUNCIL MEEIING December 17, 1996 LEGISLATION: Mayor Ostrowski thanked everyone for participating in the evening's discussion. (Cont'd) Councilmember McKeown moved to rescind the vote which was taken at the last Hotel/Motel Tax Funding meeting. Colin 'ci~..~B. raun seconded the motion. After limited discussion, a (Cont'd) vote was taken on the motion, which carried unanimously. Councilmember McKeown stated it was important to fund the Chamber's maps and brochures. She also felt it was not the Council's position to tell the VCB how to spend the money allocated to them; however, they should provide the City with a budget describing how the money would be spent. Therefore, Councilmember McKeown moved to decrease the funding for Parks and Recreation by $5,000, give an additional $10,000 to the Chamber of Commerce, decrease the VCB funding to $20,000 with the proviso that a budget be presented to the Council within 30 days, and allocate funding in the amount of $5,700 to the Museum. Councilman Braun seconded the motion. Discussion followed. Councilman Campbell, as a member of the hotel/motel tax allocation committee, described how hard the process of allocation was. Careful consideration ,was given to each request, and the decisions were based on which organizations would bring the largest number of overnight visitors to the City of Port Angeles. Councilman Campbell felt the recommendation made by the committee needed to be represented before the Council. Mayor Ostrowski reviewed the allocations as proposed by Councilmember McKeown which are: Parks and Recreation $25,000, Chamber of Commerce $47,000, NOPVCB $20,000, Marine Lab $8,000, Hurricane Ridge $5,000, Juan de Fuca Festival of the Arts $8,300, and the Museum $5,700, for a total of $119,000. A vote was taken on the motion which carried by a majority vote, with Councilman Campbell voting in opposition. 1997 Budget 1. Ordinance Adopting 1997 City of Port Angeles Budget and Revising 1996 Ordinance No. 2940 Budget and Ordinance Revising Non-Electric Utility Taxes Non-Electric Utility Tax Mayor Ostrowski reviewed the information provided by the Finance Department and Ordinance No. 2941 read the first Ordinance by title, entitled ORDINANCE NO. 2940 AN ORDINANCE of the City of Port Angeles revising the Budget for the fiscal year ending December 31, 1996, adopting the budget for the fiscal year ending December 31, 1997, and amending Ordinance 2901. Councilman Doyle moved to adopt the Ordinance as read by title. Counciimember McKeown seconded the motion. Discussion followed and Councilman Campbell asked for clarification of whether property taxes were going to be raised by 4% or 6%. Councilman Doyle stated that due to the 1997 projected shortfalls, the Council felt it was in the City's best interest to raise property taxes by 6 % in 1997. A vote was taken on the motion, which carried unanimously. Mayor Ostrowski then read the second Ordinance by title, entitled ORDINANCE NO. 2941 AN ORDINANCE of the City of Port Angeles revising the tax upon the City's solid waste and water/wastewater utilities and amending Ordinance No. 2183, as amended, and Section 5.80.040 of the Port Angeles Municipal Code. Yvonne Ziomkowski, Treasurer, reviewed the reasons for raising the nOn-electric utility taxes. She explained that overall, the total utility bills for residential customers will actually be less in 1997 than 1996 due to a decrease in electric rates. Councilman Campbell moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion, which carried unanimously. Councilmember McKeown stated that Patty Hanna was in the audience in case the Council had any questions regarding Item D. 6. She asked that this be next on the agenda as a courtesy to Ms. Hanna. Human Services Funding D. Other Considerations 6. Human Services Funding (Memo from Cathleen McKeown) Councilmember McKeown reviewed the procedure used to allocate Human Services Funding. The Council members thanked and lauded Councilmember McKeown for -3- 3423 CITY COUNCIL MEETING December 17, 1996 LEGISLATION: her diligence in working on behalf of the Council in the area of human services (Cont'd) funding. Also, Patty Hanna, Director of United Way, thanked Councilmember McKeown for her efforts. The decisions were difficult to make, and Councilmember Human Services Funding McKeown did an outstanding and thorough job. (Cont'd) Councilmember McKeown moved to adopt the Human Services Grant Funding as presented. Councilman Campbell seconded the motion, which carried unanimously. Parking Ordinance A. Ordinances Not Requiring Public Hearings (Continued) Revisions Ordinance No. 2942 2. Revision of Parking Ordinance and Increase of Penalty for Parking Violations Police Chief Ilk review the information pertinent to revising the Parking Ordinance, increasing the penalty for parking violations, and providing for the collection of unpaid parking fines by a collection agency. Mayor Ostrowski then read the Ordinance by title, entitled ORDINANCE NO. 2942 AN ORDINANCE of the City of Port Angeles, Washington, amending the Parking Ordinance to reflect changes in State law, to increase parking fines and to provide for collection of unpaid parking fines, amending ordinance 2451, as amended, and Chapter 10.20 of the Port Angeles Municipal Code. Councilman Doyle moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. Misdemeanor and Gross 3. Adoption of State Misdemeanor and Gross Misdemeanor Offenses by Misdemeanor Offenses Reference Ordinance No. 2943 Mayor Ostrowski reviewed the information provided by the City Attorney's office and read the Ordinance by title, entitled AN ORDINANCE of the City of Port Angeles, Washington, providing for prosecution, adjudication, sentencing and incarceration of misdemeanor and gross misdemeanor offenses pursuant to Laws of 1976, Chapter 308, Section 1 and RCW 39.34.180, adopting by reference the misdemeanor, and gross misdemeanor provisions of the Revised Code of Washington, and amending Ordinance 2129 as amended and Title 9 of the Port Angeles Municipal Code. Councilman Campbell moved to adopt the Ordinance as read by title. Councilman Doyle seconded the motion. Attorney Knutson explained the effective date of the Ordinance should be changed to January 1, 1997, rather than five days after publication. A vote was taken on the motion, which carried unanimously. Money Back Guarantee 4. Money Back Guarantee Program Program Ordinance No. 2944 Mayor Ostrowski reviewed the information provided by the Planning Department and asked Planning Director Collins to give a brief review of the issue. Mayor Ostrowski then read the Ordinance by title, entitled ORDINANCE NO. 2944 AN ORDINANCE of the city of Port Angeles, Washington, establishing a Money Back Guarantee Program .to assure processing of development permit application within established time frames and amending Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code. C°uncilmember McKeown moved to adopt the Ordinance as read by title. Councilman Doyle seconded the motion. Discussion followed and Public Works Director Pittis provided clarification of permit processing procedures. Councilman Braun asked that the Council be kept informed of the success of the program. A vote was taken on the motion, which carried unanimously. Director Collins thanked the Committee that worked so hard on establishing this -4- 3424 CITY COUNCIL I%4KgTI~G December 17, 1996 LEGISLATION: program. (Cont'd) Break Mayor Ostrowski recessed the meeting for a break at 8:45 p.m. The meeting reconvened at 9:05 p.m. Emergency Response Plan B. Resolutions not Requiring Public Hearings Resolution No. 23-96 I. Adopting the Peninsula Regional Emergency Plan and the Port Angeles Emergency Response Plan Mayor Ostrowski reviewed the information provided by the Fire Department and asked Fire Chief Becket to clarify the issue, which he did. Mayor Ostrowski then read the Resolution by title, entitled RESOLUTION NO. 23-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Peninsula Regional Emergency Plan and the Port Angeles Emergency Response Plan. Coundlman Braun moved to pass the Resolution as read by title. Councilman Campbell seconded the motion, which carried unanimously. Stormwater Management 2. Adoption of Stormwater Management Plan Plan Resolution No. 24-96 At Mayor Ostrowski's request, Director Pittis reviewed the information provided by the Public Works Department, and informed the Council that City Engineer Kenworthy was present to answer any questions. Councilman Doyle asked for clarification of whether there was an unfunded mandate in the Plan regarding fisheries, etc. Gary Kenworthy, City Engineer, offered clarification, gave a brief history of the stormwater plan, and he and Director Pittis responded to questions posed by the Council. Councilman Campbell also expressed fear of unfunded mandates caused by the adoption of this Plan, and Director Pittis felt the threat existed with or without the Plan. He felt that adoption of the Stormwater Plan would help the City prepare itself to address these types of issues. Staff recommends adoption of the Plan. After further discussion and clarification, Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 24-96 ARESOLUTION of the City of Port Angeles approving the Port Angeles Stormwater Management Plan. Councilman Campbell moved to pass the Resolution as read by title. Councilman Doyle seconded the motion, which carried unanimously. C. Planning Commission Minutes/Action Items None. Contract for Public D. Other Considerations Defender Services 1. Contract for Public Defender Services Mayor Ostrowski reviewed the information provided by the City Attorney's Office. Councilmember McKeown stated that because she has a business relationship with the Public Defender's office, she would not be voting on this issue. Councilman Doyle moved to authorize the Mayor to sign a one-year agreement for indigent legal defense services with the Clallam-Jefferson Public Defender in the amount of $23,000. Councilman Campbell seconded the motion, which carried by a majority, with Councilmember McKeown abstaining. Curbside Recycling 2. Extension of Curbside Recycling Contract Contract Mayor Ostrowski reviewed the information from the Public Works Department. Manager Pomeranz noted that the contract allows for an annual cost-of-living -5- 3425 CITY COUNCIL MEETING December 17, 1996 LEGISLATION: adjustment of 70% of the Seattle CPI. He suggested this be capped at a 5% (Cont'd) maximum. Curbside Recycling Director Pittis explained that the extension of the contract is a year early. In return, Contract (cont'd) Waste Management is allowing the City to share in proceeds from the sale of recyclables. Director Pittis agreed with Manager Pomeranz that a 5% cap is reasonable and recommended the Council approve the extension of the contract to include the 5 % cap. He further stated that staff has been very satisfied with the service given to the City by Waste Management. Councilman Campbell moved to authorize the Mayor to execute the contract amendment and extension with Waste Management for curbside recycle collections, to include the 5% cap. Councilman Braun seconded the motion, which carried unanimously. Electrical Conservation 3. Proposed Future Electrical Conservation Program Program Mayor Ostrowski reviewed the information provided by the Public Works Department. Bob Titus, Deputy Director of Utilities Services, stated this issue had been discussed at the last Utility Advisory Committee meeting, and had been recommended for approval. Councilman Doyle moved to approve the 1997 Conservation Plan and authorize sending the summary letter. Councilmember McKeown seconded the motion, which carried unanimously. Municipal Waste to 4. Response to a Proposal to not Bring Municipal Waste to the Landfill Landfill Mayor Ostrowski reviewed the information provided by the Public Works Department. Councilman Braun moved to authorize the Mayor to sign the attached letter to be sent to the County Commissioners stating the position of the City. Councilman Campbell seconded themotion. Discussion followed, and Councilman Campbell suggested the letter of response state that once a customer leaves, they will not be guaranteed the same rates should they wish to return. Director Pittis reminded the Council that a letter had been sent to the County Commissioners in 1993 explaining the rates and fees for the landfill and nothing has changed. He suggested a copy of this letter also be forwarded to the County. Following further discussion, a vote was taken on the motion, which carried unanimously. Code of Ethics Ordinance 5. Proposal for City Code of Ethics Ordinance Manager Pomeranz requested this item be removed from the agenda until Councilman Hulett's return. Meeting Extended Councilman Braun moved to extend the meeting past 10:00 p.m. Councilman Past 10:00 p.m. Campbell seconded the motion, which carried unanimously. Break Mayor Ostrowski recessed the meeting for a break at 9:55 p.m. The meeting reconvened at I0:10 p.m. ADJOURN TO The meeting adjourned to Executive Session at 10:10 p.m. to discuss litigation and EXECUTIVE SESSION: union negotiations for approximately one hour. RETURN TO OPEN The meeting returned to open session at 11:00 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at ll:~m. ~'~ky J. Ugh, C~ Clerk/ ~"'-x',,,~!~sper Ostr}~wski, Mayor -6-