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HomeMy WebLinkAboutMinutes 12/20/2005 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Recognition of Mayor Richard A. Headrick Break WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: e PUBLIC COMMENT: 5773 CITY COUNCIL MEETING Port Angeles, Washington December 20, 2005 Mayor Headrick called the regular meeting of the Port Angeles City Council to order at 6:00 p.rn. Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, N. West, T. Pierce, D Bellamente, B. Sterling, and B. Coons. Public Present: E. Tuttle, Y. Bayuga, P. Schaefer, A. Bentley, E. Tschimperle, P. Lamoureux, J. Bugher, J. Heckman, C. Kidd, and A. Holzschuh. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Mayor Headrick. Recognition of Mayor Richard A. Headrick: Manager Madsen presertted Mayor Headrick with a commemOrative plaque in recognition of his service on the City Council from 2002 - 2005 and his service as Mayor from 2004 - 2005. Manager Madsen then further recognized the Mayor by providing a historical summary of events and accomplishments during the Mayor's tenure on the City Council. County Commissioners Mike Chapman and Mike Doherty and C~unty Administrator Dan Engelbertson ':Vere present in the audience and, on behalf of the County Commissioners, Commissioner Chapman presented Mayor Headrick a Certification of Appreciation. Councilmember Pittis presented the Mayor with a hand-made gavel in recognition of his service as Mayor. The meeting was recessed for a reception honoring Mayor Headrick at 6: 13 p.m. The meeting reconvened at 6~32 p.m. . None. Clerk's Note: During the course of the meeting, the following items were added to the agenda: 1.) Light Duty Vehicles Amended Schedule Price added as Agenda Item D .1.; 2.) Findings & Conclusions in Support of Council Decision on Farmers' Market Appeal added as Agenda Item E. 7.; and 3.) Water Rate Am~ndment Ordinance added. as Agenda Item HA. _ Allan Bentley, 610 Milwaukee Drive, offered kudos to Mayor Headrick for his past efforts on the Valley Creek Estuary. Mr. Bentley then stated his concerns with the Interlocal Agreement on the Eastern UGA sewer extension, feeling the agreement is unfair to the City because of the 10- year moratorium on annexation. Although he noted - 1 - 5774 CITY COUNCIL MEETING December 20, 2005 PUBLIC COMMENT: (Cont'd) OTHER CONSIDERA nONS: Interlocal Agreement with Clallam County for Eastern Urban Growth Area Sewer Extension Brown & Caldwell Consultant Agreement Amendment the need for sewer services in the area, Mr. Bentley felt the agreement was detrimental to the City's best interest. e Jorgen Bogdanoff, 2233 East 3rd Avenue, advised the Council that he formed an organization within his neighborhood for the purpose of cleaning up the surrounding properties. Mr. Bogdanoff felt sewer services should have been made available long ago, and he spoke in support of the current effort to provide the services in the area. Paul Lamoureux, 602 Whidby, referenced an article in the newspaper regarding the proposed membership fee increases for the Senior Center. He did not understand how the fmancial situation reached this point, and he addressed the significant increase in view of members on fixed income. 1. Interlocal Agreement with Clallam County for Eastern Urban Growth Area Sewer Extension: Attorney Bloor presented for the Council's consideration the Interlocal Agreement with Clallam County addressing the extension of sewer services into the Eastern Urban Growth Area. The agreement sets the stage for the two entities to work cooperatively in extending sewer services, with the intention that the County will provide funding and the City will provide contract management and engineering. County Commissioner Mike Chapman addressed the Council, indicating the Commissioners had approved the agreement earlier in the day. He felt the agreement was good for both governments by making the number one economic development project happen. He recognized City and County staffs for their spirit of cooperation, adding that he would expect a groundbreaking ceremony in a year to 18 months. County Administrator Dan Engelbertson also thanked the staff members and indicated the two governments are moving forward on a number of issues, to include a revenue- sharing agreement which he hoped would be in place by this coming summer. He addressed the matter of fostering economic development through this joint project. In the ensuing discussion, County Administrator Engelbertson envisioned the project involving a detailed agreement on a variety of issues, with the facility being owned by the City since the County doesn't typically manage sewer systems. He added that the County would have a project person assigned in the near future. Director Cutler indicated staff is working with the County to develop a scope of work and proj ect cost estimates. Discussion then centered around whether sewer services could be provided to the EUGA residents if so desired, and County Administrator Engelbertson felt that the ultimate goal is to provide sewer to everyone who needs it in spite of the primary goal of providing services to commercial users. Individual Councilmembers expressed their pleasure with this agreement, as the joint project will serve the community, the environment, and economic development from the perspective of all entities. Councilmember Rogers moved to approve and authorize the Mayor to sign the Interlocal Agreement with Clallam County for the Eastern Urban Growth Area Sewer Extension. The motion, which was seconded by Councilmember Williams, carried unanimously. 2. Brown & Caldwell Consultant Agreement Amendment: Public Works & Utilities Director Cutler summarized the City's need to amend the agreement for engineering services with Brown & Caldwell in order to facilitate the feasibility study of the Eastern UGA wastewater system. Following review by the County and the Utility Advisory Committee, the agreement is being recommended for approval. Councilmember Williams moved to approve and authorize the Mayor to sign Amendment No.2 to the Agreement for Professional Services with Brown e - 2- e Brown & Caldwell Consultant Agreement Amendment (Cont'd) Controlled Medication Agreement with Clallam County Fire District #2 Consideration of Subdivision / Planned Residential Housing Development Southwest of Intersection of Ahlvers Road/Laurel Street PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: Acquisition ofNiichel Property for Public Parking Ordinance No. 3228 e . '-.,:...... \> ..';::. :." .T:~:;:.;.:".;,>,..i2;i>:.~".. \~:':j" CITY COUNCIL MEETING December 20, 2005 5775 and Caldwell in the amount of $34,588 (reimbursed by Clallam County), for a total contract amount not to exceed $249,288. Councilmember Braun seconded the motion, which carried unanimously. 3. Controlled Medication Agreement with Clallam County Fire District #2: Fire Chief McKeen presented information relative to the proposed agreement with Clallam County Fire District #2, whereby the City's Fire Department would inventory controlled medications for the Fire District. Following brief discussion, Council member Rogers moved to authorize the City Manager to sign the Interlocal Agreement with Clallam County Fire District #2. The motion was seconded by Councilmember Pittis and carried unanimously. 4. Consideration of Subdivision / Planned Residential Housing Development in the RS-9 Zone located Southwest of the Intersection of Ahlvers Road/Laurel Street: At the request of the applicant, the matter of the Subdivision / Planned Residential Housing Development has been deferred to the January 17, 2006, City Council meeting. None. Acquisition of Niichel Property for Public Parking: Principal Planner West discussed the Downtown Parking Facility Analysis and Need Study 2005, as well as demands for parking because ofthe Oak Street development and the Gateway Project. A parking facility would mitigate the loss of parking due to construction of the Gateway project, and centrally located parking would promote the walk-ability of the downtown area. Mayor Headrick opened the public hearing at 7:13 p.rn. Aria Holzschuh, Port Angeles Downtown Association Executive Director, 105 Y2 East 1 '\ advised the Council that the Parking Committee had received a presentation from Mr. West regarding the proposed acquisition. She cited the PADA's Parking Management Plan that was completed in 1998, at which time there was a 13% vacancy rate in.the downtown area. At that time, it was agreed that the future would require parking structures and not surface parking. There is now a 99.5% occupancy rate, with . more employees and customers needing parking. Ms. Holzschuh felt that parking structures could free up surface parking in order to make more property available for businesses. Further, 'she felt that the consolidation of parking could result in a mixed use of property. Ms. Holzschuh indicated the P ADA Executive Committee gave its full supportto the City's acquisition of the property for additional parking and, hopefully, . a parking structure. Paul Lamoureux, 602 Whidby, felt that Alternative 4 would be the better option, and he felt that an additional parking level should be considered. He emphasized the importance of communicating the City's plan with the general public in order to inform the citizens they would be paying for the structure. Planner West informed Mr. Lamoureux that the numbers in the plan were strictly preliminary, as it is the City's hope to get the consent for the purchase of the property to be followed by further analysis to determine future parking needs. Discussion followed, and Mr. Lamoureux urged the Council to "do it right"; There being no further public testimony, Mayor Headrick closed public hearing at 7:22 p.rn. Discussion followed regarding the need to consider codes that would drive the - 3 - 5776 CITY COUNCIL MEETING December 20,2005 PUBLIC HEARINGS - OTHER: (Cont'd) Acquisition of Niichel Property for Public Parking Ordinance No. 3228 (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Senior Center Membership Fee Ordinance fmal structure, the construction of third and fourth levels, and the importance of planning well in advance of any construction. Attorney Bloor provided a synopsis as to why the Council was required to have the public hearing before moving to acquisition, discussing in depth the factors set forth in the State statutes. Mayor Headrick then read the Ordinance by title, entitled e ORDINANCE NO. 3228 AN ORDINANCE of the City of Port Angeles, Washington, approving the purchase of the Niichel property to be acquired in part for off- street parking. Councilmember Williams moved to adopt the Ordinance as read by title, inclusive of the Findings and Conclusions as set forth in Exhibit "A". The motion was seconded by Councilmember Braun and carried unanimously. 3. Senior Center Membership Fee Ordinance: In keeping with the requirement for a fIrst reading of the Ordinance, Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to S.enior Center membership fees. Director Cutler discussed the shortfall of Senior Center rental income and the need to increase membership fees. Interim Director of Recreation Sterling addressed the Council, indicating he had been charged with looking at revenues for all of the recreation areas, to include the Senior Center. He discussed changes being made, recommendations for the immediate future, and the fact that this Ordinance would only deal with fees for 2006. The increase in fees is being recommended in order to help fund a part-time position to assist with the operation of the facility. Discussion followed with Mr. Sterling answering questions posed by the Council relative to the various users of the facility. He advised the Council that the proposed increase had been discussed with the Center's Executive Board, the Parks Oversight Committee, and the Parks & Recreation Board. Eleanor Tschimperle, 117 W. 14th Street, Treasurer of the Senior Center, delineated the number of tasks she performs for the Center and the 500+ hours of volunteer work contributed. She indicated there are at least twenty other individuals who contribute a like number of hours, representing a signifIcant amount of volunteer service in terms of dollar value. Ms. Tschimperle indicated the City provides building maintenance and one paid employee; the volunteers do the administration work. She indicated the Center Board was not advised oftlle City's intention to raise fees until last week, and she asked that the fees not be raised in three consecutive years. Discussion ensued with the Councilmembers seeking clarifIcation from Ms. Tschimperle, who explained that the Senior Center Board is not consulted when something is going to happen or change. She supported the addition of part-time help because of the facility being rented to outside users. Ms. Tschimperle added that seniors are on limited income. In the ongoing discussion with the Council, Councilmember Munro felt there was no question as to the value of the volunteers, but he felt the proposed increase was reasonable. Ms. Tschimperle asked that the fees not be raised so indiscriminately, and she referenced the number of intergovernmental agencies that are using the facility free of charge. She _ urged the Council to proceed to a vote on the Ordinance, but she asked that the Council _ work with the seniors. regarding future increases and to keep the lines of communication open. Discussion followed. - 4- 1- e ORDINANCES NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Senior Center Membership Fee Ordinance (Cont'd) Break Nuisance Ordinance Ordinance No. 3229 Ordinance Creating Fund Ordinance No. 3230 e CITY COUNCIL MEETING December 20, 2005 5777 Peter Ripley, 114 E. 6t\ #102, suggested that he would be hesitant to pay the membership fee for himself when he is of the age to join the Senior Center, as it would prove to be an extra burden. He felt that, ifthe membership fees are retained at a lower level, the number of members would increase. He felt that other local organizations should be charged to use the facility. Further discussion ensued with Finance Director Ziomkowski and Director Cutler providing background information regarding the fees, the increase in costs to maintain the facility, and the proposed expansion being considered as part of the Capital Facilities Plan. At this time, the City is looking at other revenue options, which is why the City is only looking at one year for a membership fee increase. Yvonne Bayuga, 112 Strait View Drive, read a letter to the Council expressing her concern as a Board member that the Senior Center Supervisor would not have the needed assistance. She addressed the many attributes of the Senior Center and asked the Council to consider funding an assistant. The Councilmembers discussed their feelings regarding the proposed increase and identified the need to involve the Senior Center Board, to review all fee structures, and to identify how self-sufficient City programs should become. The Ordinance will be placed on the next Council agenda for the second reading. Mayor Headrick recessed the meeting for a break at 8: 14 p.rn. The meeting reconvened at 8:27 p.rn. 1. Nuisance Ordinance: Manager Madsen and Attorney Bloor provided a summary of the Nuisance Ordinance noting the second' reading of the Ordinance would be conducted this evening after which the Council would be asked to proceed to adoption. Discussion focused on efforts to increase the staff s ability to provide enforcement without putting an undue burden on City residents. It was anticipated that the Ordinance would be adopted in coordination with the new Code Enforcement Officer position that was funded in the 2006 Budget, and it is. envisioned that all City departments will work together proactively to reduce the number of nuisances' in the City. Manager Madsen emphasized that the City is striving for voluntary compliance. Following discussion, Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3229 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 Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Williams and carried unanimously. 2. Ordinance Creating Fund: Attorney Bloor advised the Council that this is the second reading of an Ordinance presented at the last meeting. He briefly reviewed the purpose of the fund which is for the administration and accounting of revenue received from the Department ofInterior, Olympic National Park Foundation and/or National Park Service for the upkeep, operation, maintenance, and repairs of the City's municipal water treatment plant. Director Cutler indicated that a check amounting to $4 - $5 million should be submitted - 5 - 5778 CITY COUNCIL MEETING December 20, 2005 Ordinance Creating Fund Ordinance No. 3230 (Cont'd) Water Rate Amendment Ordinance Ordinance No. 3231 FINANCE: Light Duty Vehicles Amended Schedule Price CONSENT AGENDA: ADDITIONAL PUBLIC COMMENT: to the City sometime in January. Councilmember Williams stated his objection to the use of any of these funds for the purpose of fluoridating the City's water supply without the citizens having the opportunity to vote on the matter. e Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3230 AN ORDINANCE of the City of Port Angeles, Washington, creating a fund for the administration and accounting of revenue from the Department of the Interior for upkeep, operation, maintenance, repairs of the City's municipal water treatment plant, and adding a new section, 3.42, to Chapter 3 ofth Port Angeles Municipal Code. Councilmember Erickson moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Braun and carried unanimously. 4. Water Rate Amendment Ordinance: Director Cutler briefly summarized the amendment to the Water Rate Ordinance, incorporating four rates that were inadvertently omitted from the Ordinance adopted earlier in the month. He asked the Council to waive the second reading and proceed to adoption. Councilmember Williams moved to waive the second reading of the Ordinance. The motion was seconded by Councilmember Rogers and carried unanimously. Brief discussion followed, after which Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3231 AN ORDINANCE of the City of Port Angeles, Washington, revising water service rates and amending Chapter 13.44 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Munro seconded the motion, which carried unanimously. Light Duty VehiclesAmended Schedule Price: Director Cutler explained the need to amend the price schedule for the purchase oflight duty vehicles in view of the fact one of the bids submitted contained a clerical error that omitted sales tax. Following brief discussion, Councilmember Williams moved to increase the authorization by $777.92 for the procurement of two 2005 Ford Super Duty F550XL's from $59,613.36 to 60,391.28. The motion was seconded by Councilmember Rogers and carried unanimously. Councilmember Munro moved to accept the Consent Agenda, to include: 1.) City Council minutes - special meeting of December 5, 2005, and minutes from regular meeting of December 6, 2005; 2.) State Growth Management Services Grant; 3.) Expenditure List - December 9, 2005 - $2,193,516.12; 4.) Electronic Payments - December 9,2005 - $1,391,091.00; 5.) Appointment of City Representative to Clallam County Animal Issues Advisory Committee; 6.) Amendment to Interlocal Agreement with Clallam County for Telephone System; and 7.) Late Item - Findings & Conclusions in Support of Council Decision on the Farmers' Market Appeal. Councilmember Rogers seconded the motion, which carried unanimously. e Jim Creelman addressed the Council, informing them he previously moved his business out of town due to a lack of economic opportunities. In his attempt to relocate the - 6 - -~ e ADDITIONAL PUBLIC COMMENT: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: RESOLUTIONS: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: e '''',:.'.-,.,,>..:,,; .-Y-/J ..' CITY COUNCIL MEETING December 20, 2005 5779 business back to Port Angeles, he entered into a contract to purchase property from the City on Del Guzzi Drive. Mr.. Creelman described the transaction as it progressed into requests for 30-day and 90-day extensions, his offer for a non-refundable deposit in association with the requested extensions, and the City's ultimate acceptance of a back-up offer on the property. Hecinquired as to whether the full City Council had approved the sale to the other buyer, and Manager Madsen provided a detailed summary of the entire transaction. He noted the matter had been brought before the Real Estate Committee on numerous occasions, that all City regulations had been appropriately followed, and that the City Council was involved when authorization was required. Manager Madsen added that Mr. Creelman's 30-day extension had run out, which is why the back-up offer was accepted. None. None. None. Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for approximately one hour under the authority of RCW 42.30.140(4) collective bargaining; and 42.30.110(1) subsections (b) real estate and (i) potential litigation. No action was anticipated. The Executive Session convened at 9:20 p.rn. and, at 10:20 p.m., the Executive Session was extended for an additional 20 minutes by announcement of the Mayor. The Executive Session concluded at 10:40 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 10:40 p.rn. Ao..~.J ~^-- Becky 1. Upt Ci lerk - 7-