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HomeMy WebLinkAboutMinutes 12/19/2000 4354 CITY COUNCIL MEETING Port Angeles, Washington December 19, 2000 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members ,4 bsent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, G. Cutler~ D. McKeen, T. Gallagher, Y. Ziomkowski, G. Kenworthy, P. Burrett, K. Ridout, S. McLain, and T. Smith. Public Present: L. Leland and J. Jones, Jr. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Williams. ALLEGIANCE: CEREMONIAL None. MATTERS/ PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Councilman Wiggins suggested that the Gateway Project be discussed at the next PLACED ON THIS OR meeting, especially as relates to the new design being considered. Manager Quinn FUTURE AGENDA: agreed this was a good suggestion, as the Council is going to be involved in the outcomes of these discussions. The Gateway will be placed on the agenda for the first Council meeting in January. Mayor Doyle asked that Director Cutler comment on the rising costs of power. Director Cutler informed the Council that overall the City is doing quite well as relates to power costs. The City has not seen a dramatic increase in costs, as the rates were set by a contract which expires in September, 2001. There has been discussion that the cost of raw power will increase by up to 20%, which appears to be a significant increase, yet overall in comparison with other cities, it is not. Director Cutler assured the Council that he would be contacting Bonneville Power to see if there will be rate changes for the next contract. FINANCE: 1. Final Acceptance of Cresthaven Rebuild Contract Final Acceptance of Mayor Doyle summarized the memorandum submitted by Public Works & Utilities on Cresthaven Rebuild the matter of f'mal acceptance of the Cresthaven Rebuild Contract. Director Cutler Contract reviewed the project, noting that additional funds had been required for the project for three change orders having to do with punching under driveways and additional concrete work. He indicated the City was pleased with the work that was performed. -1- 4355 CITY COUNCIL MEETING December 19, 2000 FINANCE: Brief discussion was held concerning money spent on the disposal of construction (Cont'd) debris. Director Cutler advised the Council that this type of cost is typically included in the bid specifications; however, in this instance, additional debris that was not ~Final Acceptance of anticipated had to be removed. Cresthaven Rebuild Contract (Cont'd) Councllmember McKeown moved to accept the project and authorize final payment in the amount of $23,498.25 and to authorize release of Colvico's retainage bond upon receipt of clearances from the Departments of Revenue and Labor & Industries. Councilman Campbell seconded the motion, which carried unanimously. Award Bid for Sewer 2. A ward Bid for Sewer Cleaning Jet Truck Cleaning Jet Truck Mayor Doyle reviewed the memorandum submitted by Director Cutler with reference to replacing the Sewer Jet Truck. Director Cutler reported that an offer for trade-in of the current truck was submitted for a credit of $5,000, which he felt was below the value of the track. Therefore, he expressed interest in selling the truck for a higher amount, such as between $10,000 - $12,000. Mayor Doyle asked about the life of this type of truck, and Equipment Services Superintendent Burrett responded that the truck now owned is a 1985 model and has been in service for 15 years. Councilman I-Iulett moved to accept the bid from Ben-Ko-Matic and authorize the Public Works & Utilities Director to proceed with the procurement of the Sewer Jet Truck in the amount of $252,893.56 and, further, to authorize the Public Works &Utilities Director to sell the existing sewer jet truck after the new unit is received and attempt to secure a price in the range of $10,000 to $12,000. Councilman Wiggins seconded the motion, which carried unanimously. 2001 Contract for Indigent 3. 2001 Contract for Indigent Defense Services Defense Services Mayor Doyle summarized the memorandum pertaining to the contract for Indigent Defense Services submitted by Attorney Knutson. The agreement expires on December 31, 2000, and is up for a renewal. Attorney Knutson advised the Council that new guidelines have been added to the contract in order to improve efficiencies in how the Public Defender's office deals with its clients. Councilmember McKeown indicated she would not be voting on this motion, as the Public Defender's office is a client. Additionally, Councilmember Erickson stated she would not be voting on the motion because her employment requires her to work with the Public Defender's office on various cases. After brief discussion, Councilman. Campbell moved to authorize the Mayor to sign the agreement for Indigent Legal Defense Services with the Clallam-Jefferson Public Defender in the amount of $30,000.00 per year. Councilman Hulett seconded the motion, which carried 5 - 0 with two abstentions. CONSENT AGENDA: Councilmembers McKeown, Wiggins, and Erickson noted their absences from the November 30 and December 5, 2000 meetings, so they would be abstaining for the portion of a vote relating to the approval of minutes. Planning Director Collins indicated he and Tim Smith had been present at the November 30 joint meeting with the County and the Port. Additionally, Director Cutler offered a correction to the November 30 minutes, relating to his report on the Landfill. The current permit expires as of March, 2001. Councilman Wiggins offered a correction to Page 4, second paragraph, of the December 5, 2000 minutes in that the M & R entrance should read, "Green Crow entrance". After brief discussion, Councilman Williams moved to -2- CITY COUNCIL MEETING 4356 December 19, 2000 CONSENT AGENDA: accept the Consent Agenda with the corrections noted, to include: 1 .) City Council (Cont'd) minutes - November 30, 2000 special meeting and December 5, 2000 regular meeting; and 2.) Check Register - December 8, 2000 - $979,241.54. The motion was seconded by Councilman Hulett and carried unanimously. ORDINANCES NOT Speed Limit Ordinance REQUIRING PUBLIC HEARINGS: Mayor Doyle reviewed the information submitted by Public Works & Utilities concerning current speed limits and proposed changes on Mt. Angeles Road, from Park Speed Limit Ordinance Avenue to the south City limits, and Park Avenue, Laurel Street to Race Street. Ordinance No. 3072 CounciLman Williams could not locate the reference to 25 mph in the Ordinance, which City Engineer Kenworthy responded to by explaining this is a residential area. All residential areas are established at 25 mph unless otherwise stated. Engineer Kenworthy then explained to the Council the criteria and reasoning for the changes. In the discussion that followed, a question was raised as to the Police Department's enforcement of the new speed limits. Deputy Chief Gallagher indicated the Police Department will not likely be affected by the changes, as there is Police presence already established in the area. Additionally, Councilman Hulett urged the placement of improved signage for Hurricane Ridge. Attorney Knutson informed the Council that in another section of the Ordinance it states that the general speed limit within the City is 25 mph and in the alleys it is 15 mph unless otherwise posted. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3072 AN ORDINANCE of the City of Port Angeles, Washington, establishing speed limits on certain public streets in the City, amending Section 22 of Ordinance 1310, as most recently amended by Ordinance 2706, and amending Chapter 10.16 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell and carried unanimously. CITY COUNCIL Mayor Doyle and Councilmember McKeown had no report. COMMITTEE REPORTS: Councilmember Erickson announced that the Marine Resources Center is going to be condi~cting educational seminars, the first scheduled for January 5,2001, at the Library with coastal erosion as the topic. Seminars will continue monthly through June of 2001. Councilman Hulett attended a Chamber of Commerce Board Retreat earlier in the month, which was attended by the new Director, Russ Veenema. The Chamber has agreed it should be involved in the promotion of recreation and sports events which would be an economic development tool to benefit the community. It was felt that, by putting all community recreational offerings into one package, the City can be promoted as a recreational destination. Mayor Doyle noted that the City's Parks & Recreation Department is an important part of this effort. Councilman Williams attended a Clallam Transit meeting and, because of that attendance, he was unable to attend the session on tsunamis. He expressed interest in receiving feedback on the tsunami issue. Councilman Wiggins reported on a meeting held earlier in the day by the Lodging Tax Advisory Committee, at which time it was agreed a recommendation should come forward extending the present marketing agreement with the Chamber and VCB -3- CITY COUNCIL MEETING 4357 December 19, 2000 CITY COUNCIL through the end of 2001. In addition, the committee addressed a $10,000 contingency COMMITTEE fund for new events and activities and agreed $5,000 should be directed to the REPORTS: (Cont'd) Hurricane Ridge Public Development Authority and $2,500 directed to the Olympic press expedition. Councilman Campbell felt the Hurricane Ridge PDA will be a great way of attracting tourists by developing winter sports in Port Angeles. Councilman Campbell attended the NMFS meeting with other City representatives. This meeting was characterized by serious comments on salmon recovery, but did not accomplish much in the way of help on 4(d) Rule compliance. Councilman Campbell also attended the tsunami meeting; there will be more discussion on the topic at a later date. RESOLUTIONS: None. OTHER 1. Lease of Morse Creek Hydro Facilities CONSIDERATIONS: Mayor Doyle summarized the memorandum submitted by Director Cutler in reference Lease of Morse Creek to the lease of the Morse Creek Hydro Facilities to Ebey Hydro, Inc. The staff had Hydro Facilities negotiated a lease agreement with Ebey to operate the Morse Creek hydroelectric project for 20 years at $10,150 a year for the first five years of the lease. Deputy Director McLain provided the Council with the history of the facilities, noting original construction was in 1985. The facilities were operated for 13 years after which a leak in the pipeline was detected, and it was agreed to surrender the license for the plant. The City was in the process of surrendering the license when Ebey Hydro approached the City and offered to lease and operate the plant. If the plant were to be shut down, the City would need to maintain the facilities as an approximate cost of $15, 000 - $20,000. In the discussion that followed, Mayor Doyle asked if this would free up any personnel for other jobs. Deputy Director McLain indicated the substation operator would have some free time in that he previously had to walk the pipeline on a weekly basis for monitoring purposes. Attorney Knutson responded to an inquiry from Councilman Hulett, explaining the meaning of"Covenant of Quiet Enjoyment". In addition, Deputy Director McLain explained that Ebey would be responsible for maintaining the pipeline. Further, he responded to an inquiry as to whether Ebey is financially able to cover the · expenses involved in this project and if there could be a risk of Ebey leaving the project should things worsen. Deputy Director McLain stated a stipulation of the contract is that Ebey is required to have insurance to cover liabilities. Attorney Knutson interjected that the City of Port Angeles would have legal recourse if Ebey were to vacate the facility during the term of the lease. Lengthy discussion followed with regard to the merits of the facility continuing operation and the benefit of having Ebey market the power. Councilman Williams moved to approve the lease agreement with Ebey Hill Hydroelectric, Inc., for operation of the Morse Creek Hydroelectric facility and to authorize the Mayor to sign the agreement. Councilmember Erickson seconded the motion, which carried unanimously. Interlocal Cooperation and 2. Interlocal Cooperation and Mutual A id Agreement with PUD Mutual Aid Agreement with PUD Mayor Doyle summarized the memorandum submitted by Director Cutler, regarding the City and PUD working on an agreement to provide mutual assistance in the event of an emergency and to satisfy FEMA roleS and regulations. Director Cutler related the information that, in order for the City and PUD to be reimbursed for helping the other during an emergency situation, there needed to be an agreement formalizing what has been past practice. Discussion followed on how the City tracks the sharing of -4- CITY COUNCIL MEETING 4358 December 19, 2000 Interlocal Cooperation and equipment. Councilmember McKeown moved to approve the Interlocal Mutual Aid Agreement Cooperation and Mutual Aid Agreement with Public Utility District No. 1 and with PUD (Cont'd) authorize the City Manager to sign the agreement. Councilman Campbell seconded the motion, which carried unanimously. Amendment Extending 3. Amendment Extending; Solid Waste Private Hauler Contracts' Through 2001 Solid Waste Private Hauler Contracts Through 2001 Mayor Doyle summarized the memorandum submitted by Public Works & Utilities on the City's private hauler contracts with Murrey's Disposal and the City of Sequim, which expire December 31, 2000. The contracts extend services through the 2001 calendar year. Director Cutler added that the tipping fee was reduced to $63.00 a ton from the $76.80 that was charged all others to be assured the waste would be brought to the Landfill. Councilman Wiggins inquired as to whether there should be an inflation factor considered in determining the rates. Director Cutler stated the staff is reviewing the numbers, but it is felt there does not need to be an increase at this time. Councilman Campbell moved to approve the amendment to the private hauler contracts with Murrey's Disposal and the City of Sequim for service during 2001 and authorize the City Manager to sign the amendments. Councilman Hulett seconded the motion, which was carried unanimously. Langley Property 4. Langley Property Acquisition and Interlocal Agreement with CIaIlam County Acquisition and Interlocal Agreement with Clallam Mayor Doyle summarized the information submitted by Recreation Manager Hicks, County explaining how the City of Port Angeles had successfully negotiated a purchase price with the Langley family for the acquisition of the railroad right-of-way and property for the linking of the Waterfront Trail. Property Manager Smith distributed a map setting forth the property in the acquisition, which includes 4.36 acres and an easement worth $18,000 to help close the link of the Discovery Trail. The Langley's requested that the sale be closed by the end of 2000. Attorney Knutson informed the Council that, based on discussion earlier with the Langley's, there were some last minute details to be added. One change is that in addition to the trail right-of-way, the City will also obtain a utility right-of-way for underground utilities. The other detail is that the agreement is between Kenneth Langley and the City of Port Angeles; however, the Michael Langley's also own a portion of the property and need to be included in the contract documents. The Langley's requested an increased value on the property in order to obtain an increased tax break, which is of no consequence to the City if this is established by the Langley's. The agreement with the County is necessary because $31,000 of the total purchase price is coming from a separate grant that the County obtained. Under the terms with the County, the City of Port Angeles would be obtaining these funds and obtain title to the property. Councilman Campbell requested clarification on the two homes that would not pay for any sewer lines that could be installed in the future. Attorney Knutson stated they would have to pay the standard connection fee to connect to the line, but not the installation fee. A question was raised about any other future residential developments and whether they would have to pay the pro-rated share. Attorney Knutson stated that this was a possibility unless the City decided to pay the share. Councilman Williams stated that he did not see the word "successors" in the contract; however, later in the discussion, he found the proper language in this regard. The Council was advised of another change in that this purchase is being made in condemnation, which allows the seller to avoid compensatory taxes that they would -5- 4359 CITY COUNCIL MEETING December 19, 2000 Langley Property otherwise have to pay. · Acquisition and Interlocal Agreement with Clallam Councilman Hulett moved to approve the Interlocal Agreement with Clallam County (Cont'd) County to accept funds for the purchase of the Langley property, to proceed with the acquisition of the Langley property as outlined and with the changes proposed by the City Attorney at a purchase price of $164,000, plus closing costs, and to authorize the Mayor to sign all legal documents necessary to complete the transaction. Councilmember McKeown seconded the motion, which carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS- Petition for Vacation of Right-of-Way - STV 00-03 Port Angeles School District: OTHER: Request for Vacation of Unopened 8/10 Crossover in Block 306, north of l O'~ Street Between "I" Street and "G" Street: Petition for Vacation of Right-of-Way - Port Mayor Doyle summarized the memorandum submitted by the Planning Department Angeles School District referencing the petition for vacation of the unopened City right-of-way that has been Ordinance No. 3073 received from the Port Angeles School District. Planning Director Collins noted that vacation of the Crossover was contemplated, yet never completed. He also noted that the School District is working with the North Peninsula Building Association for creating housing on this property to give affordable housing a boost in the community. Councilmon Hulett queried as to the Grants position on this vacation, and Director Collins stated that the Grants hadn't offered an objection. He believed they would be a party to this vacation as well. Mayor Doyle opened the public hearing at 7:20 p.m. Jim Jones, Jr., Director of Business and Operations for the Port Angeles School District, 2106 Seabreeze Place, stated that the staff report was thorough in the presentation to the Planning Commission, and that a recommendation had been made for approval. He informed the Council of the School District's agreement with the North Peninsula Building Association, which is the first of it's kind in the country. The effort is being filmed in order to show other communities how a cooperative endeavor of this type can succeed. Each party wants to create entrepreneurial owners of businesses and guide students and youth through what it is like to be a contractor ha the building community. Mr. Jones described the various aspects of the educational experience, emphasizing the fact that teachers are donating their time to be instructors, the North Peninsula Building Association has hired a Superintendent, and there is a teacher on site as well. This property was originally donated to the City from the School Disthct back in the 1950's; the vacation would'open up an area for six houses. Mr. Jones thanked the City staff for its assistance and involvement. Attorney Knutson referenced the compensation, indicating that the City would not require compensation until the School District sells each parcel. This will be a change in how the City Clerk usually processes the deeds. This change will be reflected in Section 4 of the Ordinance. Peter Ripley, Port Angeles Journal, asked about the pertinent details on selling the property. However, Mayor Doyle responded that the marketing of the property was not pertinent to the street vacation being considered. There being no further testimony, Mayor DoYle closed the public hearing at 7:30 p.m. Mayor Doyle read the Ordinance by title, entitled -6- CITY COUNCIL MEETING 4360 December 19, 2000 PUBLIC HEARINGS - ORDINANCE NO. 3073 OTHER: AN ORDINANCE of the City of Port Angeles, Washington, vacating a (Cont'd) portion of the 8th/10th Crossover Drive in Lots 13-20, Block 306 of the Townsite of Port Angeles. Petition for Vacation of Right-of-Way - Port Councilman Wiggins moved to adopt the Ordinance as corrected and as read by Angeles School District title, siting Findings 1 - 14 and Conclusions 1 - 5, as set forth in Exhibit "A" which Ordinance No. 3073 is attached to and becomes a part of these minutes. The motion was seconded by (Cont'd) Councilman Campbell and carried,,g-e~, with Councilman Williams abstaining due to potential conflict of interest. INFORMATION: City Manager's Report: Manager Quinn briefly reviewed the contents of the Information Agenda, noting that in January there will be a monthly status report from City Manager's Report each department on major projects. Councilman Hulett inquired about the new building under construction at Lincoln Park. Manager Quinn thought it was a concession stand, but he offered to confirm the information for a future meeting. Councilmember McKeown asked about the bid status for the Francis Street Park. Manager Quinn reported that the project is proceeding as plalmed. Councilman Wiggins noted a report had been given to the Parks & Recreation Commission on the Marine Lab. He expressed the hope that the City Council would receive the same report, especially since the Council had approved funding for the Marine Lab. Councilman Hulett inquired as to the status of the Estuary bridge. Manager Quirm responded the bridge is under construction. The bridge was to be placed on the land side so as to not cover the water and shade the fish. City staff is still working with Fisheries in the hope the bridge can be placed over the water. Break Mayor Doyle recessed the meeting for a break at 7:40 p.m. The meeting reconvened at 7:55 p.m. EXECUTIVE SESSION: The meeting was adjourned to Executive Session at approximately 7:55 p.m. for approximately 1 1/2 hours to discuss labor negotiations, personnel, and potential litigation. RETURN TO OPEN The meeting returned to Open Session at 10:17 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 10:17 p.m. Becky J. Uqn,-~ ~l~rk [--- Lan?y Doy~vlayt~r -7- 4361 THIS PAGE INTENTIONALLY LEFT BLANK Exhibit "A" 4362 Findings, and Conclusions in Support of Street Vacation Petition - STV 00-lB Port Angeles School District. Findings: 1. A petition for vacation of right-of-way was submitted by the Port Angeles School District on November 1, 2000. 2. The proposed street vacation is for the remaining portion of what is known as the 8/10 Crossover described as being a portion of Lots 13 - 20, Block 306, Townsite of Port Angeles. No portion of the unimproved 9/10 alley is included in this proposed street vacation. 3. Lots 13 - 14 have been developed as a single building lot which is developed as a single- family residence. Lot 13 contains a portion of the Crossover fight-of-way along the southeastern frontage. Lot 14 is entirely fronted by the fight-of-way. The proposed vacation would clear title to this property for the owners, Mr. and Mrs. Charles Grant. 4. Lots 15 - 20 are owned by the Port Angeles School District. The Port Angeles School District has partnered with the North Peninsula Building Association (NPBA) and intends to construct five single family residential homes on Lots 15 - 20 through the Future Builder's Training Program offered at the Port Angeles High School. The proposed vacation would allow the properties to be developed and placed on the public tax rolls. 5. The properties abutting the proposed street vacation are zoned Residential Single Family (RS-7). The properties north of the 9/10 alley are zoned Residential High Density (RHD) and Community Shopping District (CSD) with the RHD property developed as a senior residential community know as Park View Villas. The CSD property is currently undeveloped. 6. No utilities are located in the right-of-way proposed for vacation. 7. The City's Fire and Police Departments had no comment or concerns regarding the proposed street vacation. 8. Tenth Street, "I" Street, and Eighth Streets are identified as arterial streets on the City's Circulation Plan Map. 9. The properties south of Tenth Street are zoned and developed as RS-7 Residential Single Family. 4363 Findings and Conclusions - STV 00-03 Port Angeles School District 10. The City Council set a hearing for consideration of the petition per 35.79 RCW at the November 21, 2000, regular meeting by Resolution 14-00. 11. The vacating of a street is categorically exempt from a SEPA threshold determination per Section 197-11-800 (2) (h) oft he Washington Administrative Code. 12. The proposed street vacation was reviewed for consistency with the Port Angeles Comprehensive Plan. 13. The site was posted and notice of the action was published in the Peninsula Daily News on November 26, 2000. No written comments were received during the publication and posting period. 14. The Planning Commission recommended approval to the City Council on December 13, 2000. The City Council held a public hearing for consideration of the petition at its December 19, 2000, regular meeting. Conclusions: A. Current traffic circulation in the area will not be affected by this vacation. Future development will access the area in the established pattern from nearby arterials. B. The vacation of the proposed rights-of-way will not interfere with the public's health, safety, or welfare. C. Residential development patterns in the area south of Tenth Street will not change as a result of the proposed street vacation. D. The proposed street vacation is consistent with the Port Angeles Comprehensive Plan. The following goals and policies were found to be the most relevant: Economic Development Element Goal B, Policy 5; Housing Element Goals A and B; and Land Use Element Policies B.2 and B.3. E. Because the right-of-way is not needed nor intended for use as a public right-of-way by the City, vacation of the property is in the public's interest as it will place the property on the public tax rolls and allow residential development in a normal manner. Adopted by the Port Angeles City Council at its meeting of December 19, 2000. Mayor, C~of P;~Ange ~'"~cky J. U~o~qity ~ei/k--- -