Loading...
HomeMy WebLinkAboutMinutes 12/18/2007 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Recognition of Bill Laitner Regional Chamber of Commerce Quarterly Report e 6180 CITY COUNCIL MEETING Port Angeles, Washington December 18, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:02 p.m. Members Present: Mayor Rogers, Councilmembers Braun, Di Guilio, Munro, Perry, and Wharton. Members Absent: Deputy Mayor Williams. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, S. Roberds, N. West, E. Klimek, T. Pierce, S. Sperr, D. Beery, and B. Kajfasz. Public Present: E. Tuttle, C. Kidd, P. Lamoureux, S. Zenovic, 1. Ralston, 1. Olsen, 1. Smith, 1. Commet, S. Tikka, and T. Ahlgren. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Munro. 1. Proclamation in Recognition of Bill LaUner: Mayor Rogers read and presented a proclamation to Bill Laitner, recognizing his retirement as Superintendent of Olympic National Park. 2. Regional Chamber of Commerce Quarterly Report: Russ Veenema, Regional Chamber of Commerce Executive Director, submitted a roster of the 2008 Chamber Board and reviewed a statistical report through November, 2007, reflecting room tax, sales tax, occupancy rates, web hits, and Visitor Center door counts. The 2007 room tax is slightly ahead of 2006 collections. Mr. Veenema summarized the 2008 Media Plan, pointing out changes related to the exclusive use ofKIRO TV, a move into the northern California (Sacramento) market via W AVE Cable, and an increase in the Victoria market. He summarized marketing efforts planned for Victoria, noting there will also be involvement with the Coho and the Washington State Ferry System. Mr. Veenema indicated that the Chamber's business partners are being encouraged to utilize the Chamber marketing opportunities in marketing their own businesses. He also presented a copy of the Chamber's 2008 Budget. At Manager Madsen's request, Mr. Veenema provided a status report on the passport issue for those traveling to and from Canada. A passport or enhanced driver's license will not be necessary until June, 2009. - I - 6181 CITY COUNCIL MEETING December 18, 2007 Recognition of US Coast Guard Group / Air Station Port Angeles Recognition of Council- member Munro WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Development Fees Ordinance Ordinance No. 3313 RESOLUTIONS: Water Use Efficiency Goals Presentation Resolution No. 20-07 3. Proclamation in Recognition of us Coast Guard Group / Air Station Port Angeles: Mayor Rogers read and presented a proclamation to Marilyn Leonard, Assistant Public Affairs Officer of the Coast Guard Auxiliary, recognizing the Coast Guard's emergency response and bravery during the December 3,2007, floods in Chehalis and Lewis County. e 4. Recognition of Councilmember Munro: Mayor Rogers presented a plaque to Councilmember Grant Munro, recognizing his service on the Council for the past four years. Councilmember Mumo shared commentaries that it was his honor and pleasure to serve on the Council, and he noted the Council's accomplishments during his tenure. None. There were no late items added to the agenda. There was no public comment. 1. Development Fees Ordinance: Public Works & Utilities Director Cutler noted minor revisions and clarifications made to the Ordinance since the previous meeting. Mayor Rogers conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3313 AN ORDINANCE of the City ofPort Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to fees. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Munro and carried unanimously. 1. Water Use Efficiency Goals Presentation: Director Cutler reported that this item was discussed by the Utility Advisory Committee, who recommended passage of the Resolution to establish goals for the City's 2008-2013 Water Use Efficiency Program. Water Superintendent Klimek, with the use of PowerPoint slides, discussed the Water Use Efficiency Rule whereby the City must establish a program showing its stewardship of water. He discussed the components of the WUE Rule, the requirement for water use efficiency goals, and the requirement for a public forum, which was held on November 29,2007. Superintendent Klimek shared a summary of public comments and the City's related recommendations. Discussion focused on the possibility of automated meter reading, a technology that is changing greatly. The City is required to report water use efficiency results annually; the goals may be changed at any time. Director Cutler summarized public outreach for the program. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 20-07 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, approving goals for the City's 2008-2013 Water Use Efficiency Program. e Councilmember Munro moved to pass the Resolution as read by title. Councilmember Wharton seconded the motion, which carried unanimously. - 2 - OTHER. CONSIDERA nONS: e Department of Archeological and Historic Preservation Junk Vehicle Agreement Amendment Break PUBLIC HEARINGS - QUASI-JUDICIAL: Danny's Subdivision, Park and Porter Ordinance No. 3314 e CITY COUNCIL MEETING December 18,2007 6182 1. Department of Archeological and Historic Preservation: Principal Planner West presented information on a negotiated agreement with the Washington State Department of Archaeology to access and share sensitive cultural resource information to facilitate the development of a predictive model as required by the August 14, 2006, settlement agreement. Councilmember Di Guilio moved to approve and authorize the Mayor to sign the Data Sharing Agreement between the City of Port Angeles and the Washington State Department of Archaeology and Historic Preservation. The motion was seconded by Councilmember Wharton, which carried unanimously. 2. Junk Vehicle Agreement Amendment: Director Cutler summarized the proposed amendment to the Interlocal Agreement with Clallam County for the processing of junk vehicles at the former metal recycling area at the City's Landfill. The agreement needs to be modified to reflect a change in the insurance coverage to be provided by the County's contractor and a provision for the County to indemnify the City for release of any substances. Discussion followed, and Director Cutler responded to questions posed by the Council. Manager Madsen indicated this is a pilot project; Director Cutler is to report back to the Council as to its success. Council member Perry moved to approve an amendment to the Interlocal Agreement with Clallam County to be substantially in the form provided; authorize the City Manager to make minor, non-substantive modifications to the amendment, if necessary; and authorize the Mayor to sign the amendment. Councilmember Wharton seconded the motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 7:00 p.m. The meeting reconvened at 7:11 p.m. 1. Danny's Subdivision, Park and Porter: Mayor Rogers qualified the Council for the quasi-judicial hearing in terms of appearance of fairness issues. Each of the Councilmembers related knowing Mr. Ralston, the applicant, over the years, and Mayor Rogers stated her husband is a realtor, but he has no active interest in the area under consideration. Planning Manager Roberds reviewed the final 9-unit subdivision in the Residential Medium Density zone, located at the southwest comer of the intersection of Park A venue and Porter Street. She referenced a map showing the area being considered, indicating that all conditions have been met with the exception of the improvement of a 10' strip along Park Avenue. The property has been rezoned to RMD and RS- 7, the latter of which is located along Highland Avenue, which is totally improved. The RMD zoned parcels are located along Park A venue and have not been completed. Ms. Roberds related that, per the conditions of preliminary approval and the Port Angeles Municipal Code, a condition has been included that occupancy cannot occur until all improvements have been completed, and a bond of 150% of improvements will be submitted. With the two conditions noted, the recommendation is for approval. Mayor Rogers opened the public hearing at 7: 17 p.m. Steve Zenovic, representing the applicant, addressed the issue of the required improvements to Park Street. Referencing a letter he submitted earlier to the Planning Department, Mr. Zenovic requested that the Council allow occupancy of those lots fronting on Highland Avenue, all of which are zoned RS-7. Additionally, he asked that the applicant be allowed to defer the construction of improvements on Park Street to allow for the development of site plans for the multi-family lots, indicating it would be better to defer the improvements to avoid having to remove and replace sidewalk, curb, - 3 - 6183 CITY COUNCIL MEETING December 18, 2007 PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Danny's Subdivision, Park and Porter Ordinance No. 3314 (Cont'd) and gutter when construction occurs. When asked as to the anticipated time frame to complete the project, Mr. Zenovic requested 18 months. Manager Madsen advised the Council that the Municipal Code allows for variations based on circumstances of hardship. He felt the Engineering Department could determine what would be acceptable, e and then the Council could make the final determination. Loran Olsen, 1132 East Highland Avenue, referenced pictures in the packet that he provided, reading a statement that original owners had paid to pave a portion of Highland Avenue, and the City agreed to maintain the roadway. Mr. Olsen indicated the road has since deteriorated, and recent developments have exacerbated the matter. The City has not redone the south side, and most of the problem could have been solved had the City worked with the contractor to finish the entire street. He asked the Council how it plans to bring the matter to conclusion, indicating that portions of the roadway are in pieces, and there is standing water between the two sections of pavement. Julie Smith, 1107 E. Park Avenue, frequently walks the neighborhood, and she expressed concern that the area is in such bad condition. Ms. Smith stated the City has not maintained their road, there are big patches with sinkholes, and she questioned why the Gateway Project is being done but the roads aren't receiving any attention. Ms. Smith asked where the City's money is going, and Mayor Rogers responded with an explanation on the City's funding mechanisms that have greatly dwindled because of the passage of certain initiatives. Ms. Smith added that the roadway should not be done in a piecemeal fashion; it should be done in its entirety. Cherie Kidd, 101 E. loth Street, displayed a piece of asphalt from Highland Avenue, indicating the residents are asking the City to be responsible and maintain the streets. She felt that the street is not being maintained, and the hard working taxpayers have seen a street deteriorate in front of them. Ms. Kidd stated that Port Angeles has a lot of challenges, and she then discussed options for Gateway, feeling that some of the funds could have been used on something other than the Gateway Project. She felt that people deserve roads that don't crumble. Steve Zenovic returned to the podium to recognize the City for what it has accomplished in the area in terms of a waterline replacement, along with meters. He felt that, when the opportunity exists, the City should attempt to work with the contractor to get paving done. He acknowledged, however, that money is short. Mayor Rogers closed the public hearing at 7:45 p.m. Lengthy discussion followed, and City Engineer Sperr provided an in-depth review ofthe City's efforts to restore the south side of Highland Avenue, efforts on the part of the Water Utility to do service line improvements, and the pursuit of pavement on the north side that proved to be too costly. Engineer Sperr related that staff has not fully assessed the impacts of the water leak in the area that was alluded to by Mr. Olsen, and the City is prepared to look at that issue a second time. He fully explained why costs to the City are higher, and Director Cutler explained that a significant portion of the budget would have been expended by paving Highland Avenue. He further indicated that the City's focus has been on arterials, where the traffic is the highest, plus there are alleys that need to be paved as well. Manager Madsen reviewed the Council's direction to staff in terms of fund allocations for the 8th Street Bridges Project. Discussion then centered around the limited funds available for street projects, and Mayor Rogers noted that all cities are in the same situation because funding sources were depleted after the passage of the initiatives. After further lengthy discussion, Mayor Rogers redirected the Council's attention to the recommendation and the two conditions under consideration. Planning Manager Roberds provided revised language for the two conditions, should the Council wish to approve a the request for a variation. Condition 1 could be changed such that all required . improvements to Park Avenue shall be completed no later than October 31,2009. The language for Condition 2 could be restated so that the occupancy of dwelling units for - 4- e PUBLIC HEARINGS - QUASI-JUDICIAL: (Cont'd) Danny's Subdivision, Park and Porter Ordinance No. 3314 (Cont'd) PUBLIC HEARINGS - OTHER: FINANCE: Energy/W ater Conservation Device Purchase British Petroleum K-9 Donation Conservation Loan Agreement e CITY COUNCIL MEETING December 18, 2007 6184 Lots 1,2, and 3 shall not occur until final improvements to Park A venue have been made and approved. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3314 AN ORDINANCE of the City of Port Angeles, Washington, approving the 9-unit subdivision in the RMD zone known as Danny's Subdivision. Councilmember Munro moved to adopt the Ordinance as read by title, citing Conditions 1 - 2 as revised above, Findings 1 - 18, and Conclusions A-D. The motion was seconded by Councilmember Wharton and carried unanimously. None. I. Energy/Water Conservation Device Purchase: Director Cutler reviewed bids received for the Energy/Conservation Device Kit Purchase. The kit includes fluorescent lamps, an efficiency showerhead, and high efficiency faucet aerators. The purchase was discussed by the Utility Advisory Committee, at which time it was noted that the distribution of the kits will help the City meet its Water Use Efficiency requirements. Councilmember Wharton moved to authorize the Mayor to sign the Energy/Conservation Device Kit Purchase Contract No. 07-15 with Niagara Conservation Corporation. The motion was seconded by Councilmember Perry, and following brief discussion, a vote was taken on the motion, which carried unanimously. 2. British Petroleum K-9 Donation: Police Chief Gallagher reviewed the history of Atlantic Richfield's previous donation for K-9 Officer Arco, who passed away in November. At yesterday's meeting of the Port Angeles Regional Chamber of Commerce, British Petroleum presented the City with a donation of $10,000 to help fund the purchase and training of a replacement K-9. Councilmember Wharton moved to authorize the City to accept the $10,000.00 donation from British Petroleum so that the Police Department K-9 Program can continue. Councilmember Braun seconded the motion, which carried unanimously. 3. Conservation Loan Agreement: Director Cutler summarized a previous agreement with First Federal Savings & Loan that assisted residential customers with the financing of conservation improvements. It is proposed to expand the previous financing to include commercial customers and to invite additional local lenders to participate. Lengthy discussion followed as to whether the City will be in first position for repayment. Attorney Bloor clarified that the agreement contains limitations to provide adequate protection for the City. Discussion also centered around current market conditions, the banks that may be involved and their default status, the number of sub-prime loans in the community that may impact this venture, and possible language changes in the agreement that may further protect the City. It was pointed out that the program's advantage to the City is that it provides a means for energy conservation and for homeowners to do improvements to their property at a lower interest rate. Attorney Bloor added that the agreement allows the City to approve or disapprove the loans for the individuals. Councilmember Munro moved to approve and authorize the Mayor to sign a conservation loan guaranty agreement with local lenders, and authorize the City Manager to make minor modifications to the agreement, if necessary. The motion was seconded by Councilmember Perry and carried unanimously. - 5 - 6185 CITY COUNCIL MEETING December 18, 2007 Comprehensive Water System Plan (Amendment to CH2M Hill Contract) Boat Launch Repair Project #06-38 CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: EXECUTIVE SESSION: 4. Comprehensive Water System Plan (Amendment to CH2M Hill Contract): Director Cutler introduced the matter of the Comprehensive Water System Plan Update, which was reviewed by the Utility Advisory Committee and recommended for approval. City Engineer Sperr, with the use of PowerPoint slides, reviewed the 2008 Comprehensive Water System Plan Update, something that must be accomplished every six years as required by the Washington State Department of Health. Engineer Sperr summarized specific critical elements ofthe Water System Plan that must be updated, as well as 15 different tasks that must be accomplished. He stressed the importance of the Plan as relates to public health. Discussion followed on related impacts because of the wheeling of water to the PUD, service areas, and interties to other adjacent water systems. It was noted that a failure to update the Water System Plan could result in certain restrictions being placed on the City by the Department of Health. Brief discussion was also held on the high costs that would be incurred should the City use Morse Creek as a water source. Councilmember Munro moved to authorize the Mayor to sign Amendment No.1 to Agreement 07-08 with CH2M Hill, for completion of an update to the Comprehensive Water System Plan, increasing the agreement by $235,000.00, for a total agreement amount not to exceed $348,000.00. The motion was seconded by Councilmember Braun, and following further brief discussion, a vote was taken on the motion, which carried unanimously. e 5. Boat Launch Repair Project #06-38: Director Cutler discussed the submission of a grant application and subsequent award from the Washington State Recreation and Conservation Funding Board in the amount of$108,682 to help fund the repair project at the Ediz Hook boat launch. He summarized bids received for the repair project and responded to questions raised by the Council. In addition to approving the bid award, he asked the Council to also accept the grant. Councilmember Munro moved to accept the grant and to award and authorize the Mayor to sign a contract for the Ediz Hook Boat Launch Pile Replacement, Project No. 06-38, with American Construction Company, Inc., of Tacoma, for a total amount, including Alternate No.1, of $88,888 including tax. Councilmember Wharton seconded the motion. Brief discussion ensued, with Director Cutler clarifying the need to maintain the boat launch fee structure because of ongoing maintenance costs. A vote was taken on the motion, which carried unanimously. Councilmember Wharton moved to accept the Consent Agenda, to include: 1.) City Council Minutes dated December 4; 2.) Expenditure Approval List from 11/24 to 12/7/2007 for $3,666,222.46; 3.) Skate Park Improvements, Project PK13-02; 4.) Re- Execution of Corrected Agreement for Indigent Legal Defense Services; and 5.) Landfill Closure Project #06-22. Council member Munro seconded the motion, which carried unanimously. None. Manager Madsen reminded the Council that the next meeting will be held on January 15, 2008. The administration of the Oath of Office to the new Councilmembers will occur on January 2, 2008, at 11:30 a.m. He forewarned the Council of the possible need for a special meeting in the interim. Mayor Rogers thanked the stafffor a tremendous year of work. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session for approximately 25 minutes under the authority of RCW 42.30.110(l)(i), e potential litigation, with possible action to follow. The Executive Session convened at 9:05 p.m. - 6- e e RETURN TO OPEN SESSION: CITY COUNCIL MEETING December 18, 2007 6186 The Executive Session concluded at 9:30 p.m., and the Council convened in regular open session. No action was taken. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. /-f ..~ / . Y M~Y~ - 7 -