HomeMy WebLinkAboutMinutes 10/18/2016 CITY COUNCIL MEETING
Port Angeles, Washington
October 18, 2016
CALL TO ORDER SPECIAL lel FE'T'ING:
Mayor Downie called the special meeting of the Port Angeles City Council to order at 5:31 p.m.
IN ATTENDANCE:
Members Present: Mayor DoNvnie, Deputy Mayor Kidd,Councilmembers Collins,Case, Merideth and Whetham.
Members Absent:Councilmember Bruch,
Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen. C. Fulton and N. West.
EXECUTIVE SESSION:
Based on input from Attorney Bloor,Mayor Downie announced the need for an Executive Session,under the authority
ofRCW 42.30,1 10(l)(i), for the purpose of discussing potential litigation with legal counsel for approximately 20
minutes. The Executive Session convened at 5:32 p,m.
RETURN'ro OPEN SESSION:
The Executive Session concluded at 5:53 p.m. No action was taken.
CALL TO ORDER-REGULAR MEETING:
Mayor Downie called the regular meeting of the Port Angeles City Council to order at 6-00 p.m.
ROLL CALL:
Members Present: Mayor Downie,Deputy Mayor Kidd,Councilmembers Collins,Gase, Merideth and Whetham,
Councilmember Brach attended via speaker phone.
Members Absent: None.
Staff Present: City Manager McKeen,Attorney Bloor, Clerk Vencklasen,C,Delikat, K. Dubuc,C, Fulton,B,,Smith,
B. Olson,N. West,and J. Viada. Several members of the Port Angeles Police Department-vvere also in attendance.
PLEDGE OF ALLEGIANCE:
Councilmember Merideth led the Pledge of Allegiance to the Flag.
CEREMONIAL MATTERS,PROCLAMATIONS & EMPLOYEE RECOGNITIONS
L Law Enforcement Valor Awards
Mayor Downie and Police Chief Brian Smith honored law enforcement personnel from the Port Angeles Police
Department and the Clallam County Sherriff s Office for(heir courageous actions during a gun fight that took place
in Port Angeles on May 28, 2016,They presented the La)x Enforcement Medal of Valor to Port Angeles Police
Department Officer Whitney Fairbanks,Corporal Kori Malone,Officer Dallas Maynard and Clallam County
Sergeant Shaun Minks. The Meritorious Service Medal was presented to Clallam County Deputy Mike Backes and
PAPD Officer Bruce Fernie, Officer Fairbanks was also presented the Purple Heart distinction.
Mayor Downie recessed the meeting for a break at 6,:22 p.m.The meeting reconvened at 6:37 p.m.
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined b (ft Murata ger
or Councilinember-City Manager Dan McKeen noted that staff would be moving item G1 to F3 in order to allow
for a public hearing.
PORT ANGELES CITY COUNCIL MEETfNG—October 18, 2016
PUBLIC HEARINGS:
1. Stormwater Ordinance Updates
Public Works and Utilities Director Craig Fulton said the ordinance changes,which arc,extensive,are still be worked
on, along with the Urban Services Standards. As background, he explained that the City's 2013-2018 1*]PD1`S
(National Pollutant Discharge Elimination) permit requires the City to make low impact development (LID) the
preferred and commonly-used approach to site development. lie said that in order to make that happen and ensure
public input, there have been a number of meetings including presentations regarding these proposed updates at the
Utility Advisory Committee and Planning Commission meetings.He said the public hearing is intended for the public
to express comments and concenis to the Council before an ordinance is brought to the Council for consideration,
Community & Economic Development Director Nathan West requested that Council open the public hearing and
continue it to November 1,at which time he said staff hopes to have additional materials available.
Mayor Downie opened the public hearing at 6.47,p.m.
Bruce Emery,, 1402 Mount Pleasant Road,spoke as an employee of Green Crow Properties located at'727 East Eighth
Street. Mr. Emery said Green Crow has been building residences since 2007 and in recent years have enjoyed a
resurgence of the home building market.He said the market is still a little weak,but good despite regulatory challenges
that exist and are ongoing,including changes to the Energy Code requirements which he said adds$8,000 -$9.000 to
the construction costs for a modest size home.He said that to build a home according to LID standards will add another
$,10,00,0 to costs. He said LlDs, are prone to failure and that they increase costs but don't last and don't take into
account the geographic challenges in Port Angeles, Mr. Emery said lie understands there is a need to address
stormwater issues, but that the problems can't be resolved strictly with regulation. He said it's time to look at other
alternatives.Mr.Emery encouraged Council not to make home building out of reach for many Port Angeles residents,
He said lie doesn't support the proposed ordinance and that he hopes Council and staff will reconsider.
Kurt Hansen, 414 Cisel Lane, Manger of Green Crow Properties, said it's a difficult time to get hit with another
regulation just as home building is starting to look up, Mr, Hansel said he has been digging holes in Port Angeles tbr
a long time and that these types of blanket policies don't take into account the geographical makeup or weather patterns
of the Peninsula. He said the average first-time home buyer in Port Angeles can afford about $150,000 for a house,
He said that to satisfy all the codes and regulations that keep changing is very difficult for builders.He asked Council
to put the LID requirements on hold and to look at a fix that takes into account the unique area and economy, fie said
the regulations will force developers to stop. He spoke about a proposed Peninsula College dormitory project that
failed because the drainage system costs would have amounted to$500,0004600,000.
John Ralston, P.O. Box 898, said that he believes the City will have to adopt something because of the fines and
penalties, and possible loss of grant money, that could result, fie said that lie is concerned the proposed code goes
over and above what is inandated. lie said the City needs to realize that code enforcement will be difficult,costly and
sometimes,confrontational.Mr.Ralston said he thinks Herrera, the City's hired consultant, went above what could be
acceptable in proposing more than 100 changes to the existing ordinance.He spoke about several projects or properties
where stormwater costs were between $300,000 and $800,000. He proposed that funding the Public Works
Department to capture stormwater and get it into the ocean before it goes into streams. lie said the directive from
Olympia doesn't fit Port Angeles.lie read from the clearing and grating permit requirements in the proposed ordinance
including the possible need to get a permit to trim a tree. He asked that Council adopt the least requirements that they
can to still meet the State requirernents. Mr. Ralston thought it was important for the City to create a Developer
Education Tool Kit that is easy to understand. He said that he attended some of the stakeholder meetings and that he
was sorry to see that there were very few "John Doe Public" in attendance, most, he said, were government people.
He said he blames Herrera for not getting the building industry involved in the stakeholder meetings.
Dale Wilson,West Fourth Street,said the State of Washington claims that every drop of water that falls from the sky
belongs to them, so he said the City should ask Olympia to take responsibility for their stormwater,
Mayor Downie closed the public hearing at 7:12 p,m.
Council discussion followed.
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PORT ANGELES CITY COUNCIL MEET -...October 18,2016
Manager McKeen noted that staff had taken note of the presenter's concerns and the discussion from Council. He
suggested that staffiake all ideas heard and come back to Council. at a future date in a work session formal.
2. 2017 Revenue Sources
Chief Financial Officer Byron Olson said that State law requires that the City hold a public hearing to gain input on
revenue sources as,part of the 2017 budget process, He asked that Councif open and close the public hearing after the
presentation.He reminded Council that copies of the 2017 City Manager Recommended Budget will be available on
Friday,October 2 ltd'and will then be presented to Council at a workshop on October 25th.
CFO Olson made a presentation to Council regarding revenue sources, including property tax, for the City's General
Fund, and he also provided information regarding revenue sources for all other funds within the 2017 preliminary
budget.Council discussion followed.
Mayor Downie opened the public hearing at 8:31 p.m,
Phil Lusk,23,2 West Second Street,commented on the revenue projections,saying there wasn*t a picture of the various
fund balances, fie said he was most interested in the unrestricted cash balance associated with the electric utility and
the necessity for maintaining certain reserve accounts to cover things like a California energy crisis that occurred in
2001, fie says half of the City's electric rate expense is related to Bonneville wholesale power costs. He said
Bonneville will be releasing its new rate schedule soon and it should be considered as Council moves forward with
setting the biannual rates.
Marolee Smith, P.O. 2498, said the budget should be changing from being completely on the backs of Port Angeles
residents. She is concerned that Council approves increases without thinking about the unpact those increases have
on the residents who can't afford their utility bills. She said she is also concerned about new GAS13's—Government
Accounting Standards -- new statements regarding how post-employment benefits are reported. She would like to
know how this will impact what the City looks like as far as getting bonds and the City's rating. She said just seeing
what is coining in doesn't show what is going out.
Mayor Downie closed the public hearing at 8:35 p.m. Council discussion followed,
3. Industrial Transmission Rate Ordinance
Director Fulton said that Bonneville Power Administration made changes to one of the City's allocations for the 2016-
2017 rate period which made a revision to the ordinance necessary, Ile said the change only affects Nippon,and that
no other residential or commercial customers will be affected. Ile said both the Utility Advisory Committee and
Nippon approve of the ordinance.Council discussion followed.
Mayor Downie conducted a first reading of the ordinance by title,entitled,
ORDINANCE NO.3559
AN ORDINANCE of the City of Port Angeles, Washington amending electric rates,by making changes to Chapter
13.12 of the Port Angeles Municipal Code.
Mayor Downie opened the public hearing at 8:47 p.m.
Phil Lusk, 232 West Second Street,spoke in favor of the proposed changes to the ordinance, saying that he supports;
the staffrecommendation.
Mayor Downie closed the public hearing at 11':48 p,rn,
It was moved by Collins and seconded by Whetham, to:
Waive the second hearing and approve the ordinance as read.
Alotion carried 7-0.
PUBLIC COMMENT:
Phil Lusk,232 West Second Street, spoke in favor of citizen's initiative 732 which deals with the carbon tax.
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PORT ANGELES, CITY COUNCIL MEETING—October 18, 2016
Marolee Smith, P.O. Box 2498,asked Council to entertain the idea off"an elected or appointed City Auditor, and she
also requested a Police Review Commission.
CONSENT AGENDA:
It was moved by Case and seconded by Kidd to approve the Consent Agenda to include:
1. City Council Minutes: October 4, 016
2. Expenditure Report: h-rottt Selneinber 24, 01 through October 7, 2016 in the amount of$2,868,467,10
3, 503 S. Valley Building Surplus
Motion carried 7-0.
ORDINANCES NOT'REQUHUNG PUBLIC HEARINGS:
1. Adoption of 2015 International Code Council Development Codes
Director West said the ordinance was presented at the last meeting and that it formalizes the adoption of new
development codes that includes the current edition of the Building Code as required by the State, Director West
said staff recommends moving forward with the minor modifications that reflect changes in State law.
Council discussion followed.
Mayor Downie conducted a second reading of the ordinance by title,entitled,
ORDINANCE NO.355,8
AN ORDINANCE of the City of Pori Angeles,Washington,adopting the current editions of the State Building Code
and International Property Maintenance Code and making changes to Title 14,Chapters 14,03, 14,09, 14.2 1,and 14.23
of the Port Angeles Municipal Code,
It was moved by Collins and seconded by Whetham to:
Adopt ordinance as read.
Motion carried 6-1,with Kidd opposed.
2. Industrial Wastewater Pretreatment Program Ordinance
Director Fulton said the City's Wastewater Utility has been mandated by the Washington State Department of Ecology
to update its Industrial Wastewater Pretreatment Program to comply with its National Pollutant Discharge Elimination
System(NPDES)permit, and to comply with Environmental Protection Agency standards.He said the permit allows
the City to directly permit significant industrial users, He said that it also decreases processing time for all industrial
users. lie noted that the UAC has forwarded a favorable recommendation to the Council.
Council discussion followed,
Mayor Downie conducted a first reading of the ordinances by title, entitled,
ORDINANCE NO.3560
AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 3.70.110 F. of the Port Angeles
Municipal Code as follows relating to industrial wastewater pretreatment fees,
ORDINANCE NO.3561
AN ORDINANCE of the City of Port Angeles,,Washington amending Chapter 13.06 of the Port Angeles Municipal
Code as follows relating to industrial wastewater pretreatment.
Mayor Downie continued the matter to November 1,2016.
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110 ,r ANGELES CITY COUNCIL MEE1 I ING,--October 18, 2016
CONTRACTS & PURCHASING
1. Combined Sewer Overflow(CSO) Phase 2',Project WW10-2008/Front Street Stormwater Separation
Project,Project WWOI-2011 —Vanir Construction Mgmt, Professional Services Agreement Amendment No.2
Director Fulton said Vanir Construction Management has provided construction management services for the
Combined Sewer Overflow (CSO) Phase 11 project. lie said their services have been extended for several months
partly due to excavation for the pump station and dewatering. He noted there: have also been contractor delays and
that the City will be in negotiations in regards to those delays. The amendment provides additional compensation fbr
construction management professional services to compensate for time impacts, and support on project claims,
Council discussion followed,
It was moved by Whetham and seconded by Collins to:
Approve and authorize the City Manager to sign Amendment No.2 to the Profiessional Services Agreement with Vanir
Construction Management, Inc., increasing the value by$156,000 for a revised maximum not-to-exceed amount of
�$2,079,825.
Motion carried 7-0.
CITY COUNCIL REPORTS:
Councilmember Bruch said she was recently in Wenatchee at IACC (infrastructure Assistance Coordinating
Council). She encouraged Council to reach out across party lines and to realize that everyone on Council has the
best intentions. She said that staying positive is what will move everyone fbrward.
Deputy Mayor Kidd visited the Cruise ship Ainerican Spirit and introduced singer Sarah Shea. She attended a
reception in Bellevue in celebration of the National Day of the Republic of China.Deputy Mayor Kidd also
welcomed 25 students and teachers visiting frons Mutsu,Japan.
Councilmemb,er Whetham said he appreciated the call front the City Manager over the weekend about the EOC
(Emergency Operations Center), He wanted citizens to know that department heads were working hard to prepare
for the storm and that lie appreciates all their efforts.
Councilmember Collins said the Clallant Transit and William Shore Memorial Pool budgets are moving forward
very positively, lie thanked Councilmember Merideth for attending the November 51"Farmer's Market.
Mayor Downie said he had been out of town.lie reported hearing a lot of good things regarding the article about
Port Angeles recently published in the.Yeaale Tipnes.
No other reports were given.
INFORMATION:
Fire Chief Ken Dubuc conducted a presentation on the City's preparation for the 20 16 Aindstorrn that was predicted
to hit the Peninsula on Saturday,October 15. Ile outlined actions taken and spoke about staffing the EO�C,saying there
were a lot of people standing by in case they were needed.
Council agreed by consensus to discuss items L-1,Policy Details on Curb Markings andthe TrqfficSqfety Conunittee,
and L-2,Rules qfProcedure,under Other Considerations at the November I meeting.
It was moved by Gase and seconded by.Kidd to:
Adjourn the meeting.
Motion carried 7-0.
ADJOURNMENT: Mayor Downie adjourned the meeting at 9:57 p.m.
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;P,3�iick Downie,Mayor Page 5 of 5 )Tnn� klasen,City Clerk