MINUTES OF 12/13/07 CITY COUNCIL MEETING

135 East Johnson Avenue, Chelan, Washington

 

PRESENT:  Mayor Witherbee; Councilmembers Harper, Lingard, Morehouse, Olsen, Papé-Miller, Rodionoff and Weldy; Administrator Fonfara; Attorney Galbraith, Clerk Liles, Finance Director Grant; Planning & Community Development Director Gildroy; and Public Works Director VanEpps.

 

Mayor Witherbee called the meeting to order at 7:00 p.m.

 

CONSENT AGENDA

 

Councilmember Olsen moved to approve the consent agenda as follows:

 

            1.         Approve Payroll Warrants No. 27786 through 27857 totaling $125,638.07 and                              Claims Warrants No. 69199 through 69299 totaling $209,866.98; and

 

            2.         Approve Minutes of 11/8/07 and 11/20/07 Regular City Council Meetings and                              11/14/07 and 11/15/07 Special City Council Meetings, all as presented.

 

Seconded by Morehouse, motion passed unanimously.

 

PUBLIC INPUT

 

TRAFFIC: Bob Eier, 1056 East Johnson Avenue, spoke of the need to alleviate growing traffic congestion on SR150 between Chelan and Manson. Eier recommended that the City, County and State collaborate in developing the necessary infrastructure for an alternate route. Eier urged the City to initiate this effort immediately by funding a preliminary study. Mayor Witherbee suggested that Eier contact the Regional Transportation Planning Organization (RTPO) with his concerns and recommendations.

 

REGULAR AGENDA

 

2007 CITY BUDGET:  Finance Director Grant briefly outlined the information provided in her memo of 12/7/07 regarding the proposed amendment of the 2007 City Budget (Exhibit 1 to Agenda Bill 06-065L).

 

There being no discussion, Rodionoff moved to adopt ORDINANCE NO. 2007-1350 amending both the 2007 budget and Ordinance 2006-1327, as recommended by the Finance Director. Seconded by Harper, motion passed unanimously.

 

2008 CITY BUDGET:  Finance Director Grant briefly outlined the information provided in her memo of 12/6/07 regarding adjustments to the proposed 2008 City Budget (Exhibit 1 to Agenda Bill 07-072C).

 

There being no discussion, Harper moved to adopt ORDINANCE 2007-1349 adopting the final City Budget for the fiscal year commencing January 1, 2008. Seconded by Lingard, motion passed unanimously.

 

W-R SPLASH ANNEXATION:  Mayor Witherbee introduced an open record public hearing to consider an annexation petition from property owners in the area known for this purpose as the “WR-Splash annexation area.” It was then determined that no Councilmember had a personal, financial or legal interest in any property subject to the proposed annexation; that no Councilmember had contact with anyone regarding the proposed annexation; that all Councilmembers believed they were able to hear the matter fairly and impartially; and that no person present objected to the Mayor’s or any Councilmember’s participation in the hearing. After declaring the Council empanelled free of objections based on the Appearance of Fairness Doctrine, the Mayor opened the public hearing.  

 

Planning Director Gildroy presented the staff report as set forth in his memo to Council dated 12/7/07 (Exhibit 3 to Agenda Bill 06-012B as issued on 12/6/07). Mayor Witherbee then called for testimony from the annexation petitioners. There being no response, the Mayor called for public comment.

 

Mike Sherer, 48 Dietrich Road, noted that the proposed annexation would create an island of County property within the City, and he asked if owners of the parcels within that island would be forced to annex. Gildroy explained that those property owners had specifically requested exclusion from the annexation, and Council’s policy is to annex only at the request of property owners. Sherer also noted that a pending subarea plan may change Lord Acres lot sizes, and he asked if the annexation area would be subject to this resizing. Gildroy said it would be if the subarea plan becomes effective before the annexation is completed. 

 

There being no further public comment and nothing that the petitioners or staff wished to add, the Mayor closed the public hearing. Gildroy then responded to Council questions.

 

It being determined that there were no further questions, comments or deliberation, Lingard moved to adopt ORDINANCE NO. 2007-1351 providing for the annexation of property known as WR-Splash, incorporating the same within the city limits, providing for the assumption of existing indebtedness and adopting a comprehensive land use plan and zoning designation for the annexation area. Seconded by Morehouse, motion passed unanimously.

 

MULTI-FAMILY ZONING CODE:  Mayor Witherbee introduced the continuation of the 11/8/07 public hearing to consider multi-family zoning district text amendments as recommended by the Planning Commission.  After stating that City Council had reviewed the items on the hearing agenda, had no personal interest in any of the proposals to be heard, and could hear and consider the proposed text amendments in a fair and objective manner, the Mayor re-opened the public hearing.

 

Planning Director Gildroy presented the staff report as set forth in his memo to Council dated 12/13/07 (Exhibit 1 to Agenda Bill 07-067C as issued on 12/7/07), including the proposed code amendments as revised to address Council concerns heard on 11/8/07 and additional information/graphics to demonstrate the recommended zoning regulation changes. In concluding his report, Gildroy recommended that the hearing be continued to 1/24/08 to allow additional time for review.

 

The Mayor then called for public testimony. Sylvia Gervais, 212 East Raymond Avenue, urged Council to adopt the proposed text amendments. There being no further public testimony, the Mayor closed the public hearing.

 

Following brief Council deliberation, Morehouse moved to continue the multi-family zoning text amendment hearing to 1/14/08. Seconded by Harper, motion passed unanimously.  

 

ANIMAL CONTROL SERVICES:  Administrator Fonfara presented a proposed agreement with the Wenatchee Valley Humane Society for the provision of animal control services in 2008. Fonfara noted that this will be the fourth annual agreement with the Humane Society, and he explained that it guarantees eighty-seven hours of patrol time each month on a varying schedule and sets the annual fee for services at $45,160, a 2.9% increase over 2007. Fonfara further noted that sufficient funds were authorized in the 2008 city budget to cover the expense, and he reported that the Finance Committee had reviewed the agreement and recommends its approval. In concluding his report, Fonfara announced that the Humane Society has a new Executive Director, Brian Metcalfe, who will be reporting to City Council during the second meeting in January.

 

Lingard asked if the City had in the past provided “such general law enforcement training as might be appropriate to the Society’s officers” as required by paragraph 4.2 of the agreement and if money had been budgeted for that purpose in 2008.  Fonfara responded, saying the City had never provided such training and there was no budget for that purpose.

 

Morehouse moved to authorize the Mayor to sign the 2008 Animal Control Services Agreement between the Wenatchee Valley Humane Society and the City of Chelan, as presented. Seconded by Harper, motion passed unanimously.

 

Olsen expressed concern regarding the limited hours of patrol time. Olsen also recommended that in the future, the Humane Society be required to report to Council on the previous year’s service before Council is asked to consider the next year’s agreement.      

 

HOUSING SURCHARGE FUNDING AWARD:  Administrator Fonfara recommended granting a request received on 9/10/07 from Lake Chelan Valley Habitat for Humanity for $5,000 from the Housing Surcharge Fund to construct a house at 2022 Prospect for Kristen Krause and her son, a qualified low income family. Fonfara explained that SHB 2060, passed by the State Legislature in 2002, increased document recording fees to create a revenue source to fund local low income housing programs – the Housing Surcharge Fund. The County Auditor’s Office collects the surcharge and passes it along to municipalities to help fund housing projects benefitting low income families.

 

There being no discussion, Papé-Miller moved to approve the request from Lake Chelan Valley Habitat for Humanity for $5,000 from the Housing Surcharge Fund to support construction of a house at 2022 Prospect for a qualified low income family. Seconded by Weldy, motion passed unanimously.

 

DOMESTIC WATER SYSTEM ASSUMPTION:  Public Works Director VanEpps recommended approval of a proposed interlocal agreement with Chelan River and Isenhart Irrigation Districts. VanEpps reported that comments of City Council and the Council Public Works Committee were considered in preparing the agreement, which would dictate the terms of the City’s assumption of the Districts’ domestic water system.  VanEpps noted that the City Attorney and the attorney for the Districts had reviewed the agreement, and he announced that the two Districts had approved the agreement at their meeting the previous evening. VanEpps noted that Paul Cross, representing Chelan River Irrigation District, and Jim Talley, representing Isenhart Irrigation District, were in attendance at this night’s meeting.  VanEpps then briefly reviewed the agreement and answered Council and audience questions.

 

Harper moved to authorize Mayor Witherbee to sign the interlocal agreement with Chelan River Irrigation District and Isenhart Irrigation District for the City’s assumption of the Districts’ domestic water system, as presented. Seconded by Morehouse, motion passed unanimously.

 

LAKEHILLS DEVELOPMENT/HIGGS BOOSTER STATION:  Public Works Director VanEpps reminded Council that as a condition of plat approval, Lakehills Development is responsible for half the costs of upgrading the Higgs Booster Pump Station. VanEpps briefly described the project and staff’s recommendation for sharing the cost – i.e., that Lakehills Development construct the pump station itself, while the City constructs the associated pipe line.  VanEpps distributed an amended version of the proposed agreement that was distributed in 12/13/07 Council meeting packets and asked that Council adopt the latter version.

 

There being no discussion, Morehouse moved to authorize the Mayor to sign the Development AgreementHiggs Booster Station, as amended/presented on 12/13/07. Seconded by Rodionoff, motion passed unanimously.

 

PUBLI C DEFENSE SERVICES:  Fonfara recommended approval of an agreement with the law firm of Carlson, McMahon and Sealby for the provision of Public Defense Services in 2008. Fonfara reminded Council that this law firm assumed Randy Thies’ public defense services contract in May 2007 and has been providing the City’s defense services since then.  Fonfara confirmed that sufficient funds were budgeted to pay the proposed fee of $4,000 per month for 2008 services, and he reported that the Finance Committee has reviewed and recommends approval of the proposed agreement.

 

Responding to a question from Rodionoff, Fonfara explained that the set fee of $4,000 would be paid to Carlson, McMahon and Sealby each month, but there would be an additional expense if a paid expert’s testimony is required or if a different law firm must be used because it would be a conflict of interest for Carlson, McMahon and Sealby to represent the City.

 

Papé-Miller asked Fonfara how many cases per year the City gets that require a public defender’s services. Fonfara said he wasn’t certain but would prepare a report for Council.

 

There being no further discussion, Harper moved to authorize Mayor Witherbee to sign the agreement with Carlson, McMahon and Sealby for the provision of public defense services in 2008, as presented. Seconded by Morehouse, motion passed unanimously.

 

PARKS & RECREATION DIRECTOR APPOINTMENT:  Fonfara briefly reviewed the recruitment process for filling the vacant Parks & Recreation Director position, and announced that the Mayor had appointed Charles Sablan as recommended by the interview team.  Fonfara then described Sablan’s work experience and qualifications and advised Council that Sablan would be reporting for work with City of Chelan on 1/9/08.

 

Harper moved to confirm the Mayor’s appointment of Charles Sablan as the City Parks & Recreation Director. Seconded by Rodionoff, motion passed unanimously.

 

PAYMENT OF END OF YEAR INVOICES:  Finance Director Grant pointed out that Council would not be meeting again until 1/10/08, so wouldn’t be able to approve vouchers issued before the end of the year. Grant asked that Council authorize the Finance Department to proceed in paying end of year invoices subject to approval by the Councilmember scheduled to review December vouchers.  Grant explained that the vouchers would then be presented to Council on 1/10/08 for formal action.

 

There being no discussion, Weldy moved to authorize staff to pay invoices for end of year expenditures subject to review and approval from the Councilmember delegated to review December vouchers. Seconded by Papé-Miller, motion passed unanimously.

 

RSQ FOR SENIOR CENTER ARCHITECTURAL SERVICES:  Fonfara explained that State Law (RCW 39.80) dictates the policy and procedure for government procurement of architectural, engineering and land surveying services. Fonfara listed the steps required for procurement of architectural services, and noted that that these procurement procedures are required for any project funded by the Washington State Community Development Block Grant (CDBG) Program. Fonfara proposed a schedule for procuring architectural services for the Senior Center project as follows: Advertise for services in 12/07; Statements of Qualification due by 1/18/08; select most qualified firm/individual by 2/2/08; negotiate and execute a professional services contract by 2/28/08; services to begin 3/1/08. Fonfara explained that CDBG grant awards will be announced in mid-March, so the proposed schedule would give the City a head start on the project. At Fonfara’s request,

 

Papé-Miller moved to authorize the City Administrator to issue a Request for Statements of Qualification (RSQ) to provide architectural services for the Chelan Senior Center project. Seconded by Weldy, motion passed unanimously.

 

2007 AIRPORT BUDGET:  Finance Director Grant reviewed proposed amendments to the 2007 Lake Chelan Airport Budget, noting a correction to the avgas resale figure listed in the budget as distributed in Council packets for this meeting (Exhibit 1 to Agenda Bill 06-078B). Grant reported that city staff, airport staff and the Airport Board recommend the amendments.

 

There being no discussion, Rodionoff moved to adopt Resolution No. 2007-1178 amending Resolution No. 06-1163 setting the 2007 budget of the Lake Chelan Airport and approving the funding of the proportionate share of the deficit by the Port of Chelan County and the City of Chelan, as presented. Seconded by Harper, motion passed unanimously.

 

2008 AIRPORT BUDGET:  Finance Director Grant reported that city and airport staff met to review the proposed 2008 Lake Chelan Airport Budget and recommend its approval. Further, the Airport Board held a public hearing on the proposed budget earlier in the evening to review and take public comment on the proposed budget, and the Board recommends its approval.

 

There being no discussion, Papé-Miller moved to adopt Resolution No. 2007-1179 approving the 2008 Budget of the Lake Chelan Airport and approving the funding of the proportionate share of the deficit by the Port of Chelan County and the City of Chelan. Seconded by Weldy, motion passed unanimously.

 

COUNCIL REPORTS/COMMENTS

 

EXPRESSIONS OF APPRECIATION/WELCOME:  Various Councilmembers thanked Mayor Witherbee and Councilmembers Rodionoff, Olsen and Lingard for their service to the community and welcomed Mayor-elect Goedde and Councilmembers-elect Greenfield, Morse and Cooney to office. Outgoing officials commented on their terms in office.

 

There being no further business, meeting adjourned at 8:30 p.m.

 

Minutes Prepared By:                         Date Approved by Council:                 Attested To:    

 

Linda Allison-Liles, City Clerk             January 10, 2008                                 Bob Goedde, Mayor