MINUTES OF 5/10/07 CITY COUNCIL MEETING

City Council Chambers, 135 East Johnson, Avenue, Chelan, Washington

PRESENT: Mayor Pro Tem Olsen, Councilmembers Lingard, Morehouse, Papé-Miller, Rodionoff and Weldy, Administrator Fonfara, Attorney Galbraith, Clerk Liles, Parks & Recreation Director Erickson, Finance Director Grant, Planning/Community Development Director Gildroy, Public Works Director VanEpps. EXCUSED ABSENCE: Mayor Witherbee and Councilmember Harper.

Mayor Pro Tem Olsen called the meeting to order at 7:00 p.m.

CONSENT AGENDA

Olsen moved to approve the consent agenda as follows:

Seconded by Weldy, motion passed unanimously.

PUBLIC INPUT ON NON-AGENDA ITEMS

There was no public input on non-agenda items.

REGULAR AGENDA

SOFTBALL TOURNAMENT FEE WAIVER: Administrator Fonfara requested that consideration of a fee waiver for the Haerling Memorial Softball Tournament be removed from the agenda. Fonfara explained that the City Attorney had advised that the proposed waiver would violate state law. Fonfara noted that staff is evaluating the fee waiver request and it may be brought back to Council in the context of an amended rate resolution policy.

CMC 10.56 AMENDMENT: Parks and Recreation Director Erickson explained that CMC 10.56, adopted in 1974 to set city trailer park use fees, is outdated as rates are now set by adoption of an annual rate resolution. At Erickson's recommendation, Rodionoff moved to repeal Chelan Municipal Code 10.56 Trailer Park Rates. Seconded by Weldy, motion passed unanimously.

CMC 2.17 AMENDMENT: Parks and Recreation Director Erickson proposed several changes to CMC 2.17 in response to the evolution of the Parks and Recreation Department and the responsibilities and functions of the citizen board appointed to advise Council on parks and recreation matters. Councilmember Lingrad recommended that Section 2.17.040(C) of the proposed amending ordinance be changed from "A majority of the appointed Board members shall constitute a quorum for the transaction of business, and affirmative votes from a majority of the Board members shall be necessary to carry any proposition." to "A majority of the appointed Board members shall constitute a quorum for the transaction of business, and affirmative votes from a majority of the Board members present shall be necessary to carry any proposition." Lingard also pointed out that in section 2.17.020(A), "Parks and Recreation Board" should be changed to "Parks and Recreation Advisory Board." Lingard then moved to adopt ORDINANCE 07-1335, amending CMC 2.17 Recreation Board, as amended. Seconded by Weldy, motion passed unanimously.

MARINA SAND REMOVAL PROJECT - BIOLOGICAL EVALUATION: Parks and Recreation Director Erickson explained as follows: Wind and wave action move sand down lake and into the Lakshore Marina, clogging the marina and reducing the number of slips available. Staff periodically removes sand from the marina, bringing it back up lake to the beach area in Don Morse Park. This work requires a U.S. Army Corps of Engineers permit, including evaluation by a qualified biologist to assess its effect on species listed as threatened and endangered under the Endangered Species Act. At staff's request, the Washington State Fish and Wildlife Department provided a list of biologists in North Central Washington who are qualified to perform the required evaluation. After contacting those biologists, staff recommends that Grette Associates perform the work.

Erickson provided Council with a proposed agreement between the City and Grette Associates and answered Council questions concerning the sand removal project. Rodionoff then moved to authorize execution of the Agreement for Consulting Services between City of Chelan Parks and Recreation and Grette Associates, LLC, for the Lakeshore Marina Sand Removal Biological Evaluation, as presented. Seconded by Morehouse, motion passed unanimously.

CONCESSION AGREEMENT - GREG MOSER: Parks and Recreation Director Erickson reported as follows: Greg Moser has proposed operating an ice cream vending service at the Athletic Field Complex and as a mobile service on city streets. There are no other concessions operating at the Complex at this time. The Finance Committee reviewed Moser's proposal and recommended proceeding with preparation of an agreement with the condition that sales not be conducted within the downtown core. The Recreation Board also reviewed Moser's proposal and recommended proceeding with preparation of an agreement for Council consideration.

Erickson provided Council with the resulting draft agreement and noted that Mr. Moser was in attendance should Council wish to ask any questions. Lingard moved to authorize execution of the 2007 Concession and Lease Agreement between the City and Greg Moser, as presented. Seconded by Weldy, motion passed unanimously.

LAW ENFORCEMENT SERVICES AGREEMENT - 2ND ADDENDUM: Administrator Fonfara reminded those present that on April 12, 2007, Council directed staff to negotiate an amendment to the existing Law Enforcement Service Agreement between the City and Chelan County to supplement existing marine patrol services and to prepare a budget amendment to fund same. Fonfara presented the resulting addendum to the agreement for Council consideration, explaining that it provides for the assignment of two deputies to patrol the waters of Lake Chelan within city limits from May through September. The "Base Service Fee' for 2007 would increase by $10,000 to fund this increase in service. Fee increases in subsequent years of the agreement's term would be governed by Section 6.2 of the amended agreement. The addendum would also provide for the City to pay $2,000 for purchase of new and replacement buoys. Rodionoff moved to authorize execution of the Second Addendum to the Law Enforcement Service Agreement dated December 15, 2003, as presented. Seconded by Morehouse, motion passed unanimously.

2007 CITY BUDGET - AMENDMENT: Finance Director Grant referred Council to her May 3, 2007 memo to Councilmembers outlining recommended amendments to the 2007 City Budget and asked if there were questions. Grant and Planning/Community Development Director Gildroy then answered Council questions concerning proposed budget amendments. Papé-Miller moved to adopt ORDINANCE NO. 07-1336 amending the 2007 Budget and Ordinance No. 2006-1327 passed by City Council on December 14, 2006, in order to appropriate monies from specified funds to other specified funds. Seconded by Weldy, motion passed unanimously.

SURPLUS PROPERTY: Finance Director Grant presented lists of surplus property compiled by the various city departments, noting that each department had received all lists to allow for re-appropriating property between departments. Grant asked that Council declare the listed items as surplus and authorize staff to dispose of them. Rodionoff moved to declare specified items (Exhibit A attached) as surplus and to authorize staff to dispose of said items by sale or other proper disposal method. Seconded by Lingard, motion passed unanimously.

TAIT ANNEXATION: Mayor Pro Tem Olsen introduced a public hearing to consider the proposed annexation of certain property commonly known as the Tait area. After determining that no Councilmember wished to declare a conflict of interest or appearance of fairness issue and that there was no objection to any Councilmember's participation, Olsen opened the public hearing and called for the staff report.

Planning/Community Development Director Gildroy reported as follows: On July 13, 2006, the City received a Notice of Intent to Commence Annexation for the Tait area. On September 14, 2006, City Council accepted the 10% annexation petition, having geographically modified the annexation area boundaries. Subsequently, the required 60% annexation petition was received by the City and certified by the County Assessor.

Gildroy described the annexation area, noting that its boundary follows right-of-way and property lines and the annexation would establish a more regular city limits line. Gildroy explained that Council's task at this time is to hear testimony on the proposed annexation and then decide whether or not to accept the 60% petition and adopt the ordinance to incorporate the annexation area into the city.

Applicant James W. Tait then spoke in support of the annexation, briefly reporting on his plan to construct a business park on ten acres within the annexation area.

Olsen then called for public comment. There being no public comment, Olsen closed the public hearing and called for Council questions/comments. Papé-Miller asked if there had been any input from the owners of properties adjacent to the annexation area. Gildroy reported that staff had received no comments in opposition to the annexation. There being no further discussion, Rodionoff moved to accept the Tait area 60% annexation petition and to adopt ORDINANCE NO. 07-1335 providing for annexation of real property known as the Tait area into the City; incorporating the same within the city limits; providing for the assumption of existing indebtedness; and adopting a comprehensive land use plan and zoning designation. Seconded by Lingard, motion passed unanimously.

PUBLIC WORKS TRUST FUND APPLICATION: Public Works Director VanEpps reported as follows: a number of city waste water collection systems are at capacity and the Waste Water Treatment Facility is approaching 85% of capacity. Staff has been working with consultants Gray and Osborne to prepare an application for a Public Works Trust Fund (PWTF) loan to finance a number of large sewer facility improvements. Projects to be considered in the loan application are those identified in the City's Sewer Comprehensive Plan as scheduled for completion within the next two years. VanEpps then described the projects, provided information about the PWTF loan program and answered Council's questions.

At 7:55 p.m., Council meeting recessed to allow Councilmembers to participate in the regular meeting of the Airport Board. Council meeting reconvened at 7:56 following adjournment of the Airport Board meeting.

COUNCIL REPORTS/COMMENTS

AIRPORT EXPANSION: Morehouse noted that expansion of the Lake Chelan Airport is being considered, and he expressed his belief that such expansion should be supported. He emphasized the importance of insuring that airport area landowners area kept informed.

LINK BOARD: Olsen reported attending last week's Link Board retreat where long range transportation planning was discussed. He reported that a new forty foot commuter bus is being added to Link's Chelan route. He said Link is well managed and is becoming a model transit system.

PARKING SIGN RELOCATION: Weldy asked Public Works Director VanEpps if he had responded to an inquiry from the owner of Company 107 regarding the relocation of a parking sign in front of her store. VanEpps said he had not. Weldy asked that any response be in writing and that he receive a copy.

LARRY WARD MEMORIAL: Weldy reported being approached by Bernice McCulley concerning a plan to refurbish and relocate a sign that has stood at the corner of Woodin Avenue and Sanders Street near the Chevron gas station for some forty years. The sign was installed by Larry Ward who once owned the Chevron station, and it gives mileage from Chelan to various cities around the world. Weldy asked if City staff could assist by removing the sign from its pole. Weldy explained that the sign would then be refurbished and reinstalled in the area of the town clock. The Historical Society would pay for refurbishing the sign and would also install a plaque next to it to credit Mr. Ward. Weldy agreed to contact Public Works and Parks staff concerning the matter.

ASSESSOR=S TAX LEVY ERROR: Fonfara announced that at the 5/24/07 Council meeting, staff would provide information about an error the County Assessor made in calculating the City's 2007 property tax levy.

RECYCLING PROGRAM: Olsen announced that the Public Works Committee would be focusing on the recycling program at its next meeting and he invited input on that subject. Rodionoff reported that Recycle Coordinator Scott Beaton had complained to him that the City of Chelan isn=t getting its fair share of grant funding for recycling programs. Consensus was that Brenda Harn, Chelan County Solid Waste Coordinator, should be invited to the Public Works Committee meeting to discuss grant funding.