MINUTES OF 6/28/07 CITY COUNCIL MEETING
135 East Johnson Avenue, Chelan, Washington
PRESENT: Mayor Witherbee, Councilmembers Harper, Lingard, Morehouse, Olsen, and Papé-Miller, Attorney Galbraith, Clerk Liles, Planning & Community Development Director Gildroy, Parks & Recreation Director Erickson, Public Works Director VanEpps. EXCUSED ABSENCES: Councilmembers Rodionoff and Weldy.
Mayor Witherbee called the meeting to order at 7:00 p.m.
CONSENT AGENDA
Harper moved to approve the consent agenda as follows:
1. Approve Claims Warrants No. 58163 through 58246 totaling $314,324.55 and Payroll Warrants No. 26541 through 26659 totaling $149,651.50;
2. Approve Minutes of the June 14, 2007 Regular City Council Meeting; and
3. Excuse Absence of Councilmembers Rodionoff and Weldy from the June 28, 2007 City Council Meeting.
PUBLIC INPUT
WEED ABATEMENT: Ted Higley, 108 El Dorado Way, urged the City to take a more active role in weed abatement. Higley explained that he is particularly concerned about the fire hazard posed by a weed covered parcel of about nine acres adjacent to his residence. Mayor Witherbee asked Mr. Higley to phone or stop by City Hall to discuss the weed abatement program and Higley's concerns. Planning & Community Development Director Gildroy stated that city staff is actively pursuing abatement and would check the property Higley had described.
KOZI NEWS DIRECTOR: Jennifer Martin announced that she is leaving her job as News Director for local radio station KOZI. Martin then introduced Jennifer Marshal, the New KOZI News Director.
REGULAR AGENDA
HEARING EXAMINER RULES OF PROCEDURE: Planning & Community Development Director Gildroy explained as follows. Council is being asked to formally adopt the rules of procedure under which the City's Hearing Examiner has operated since 2001 when the City adopted the Hearing Examiner system. The rules apply to all hearings that come before the Hearings Examiner and they are consistent with Title 19 requirements for public hearings. They are intended to assure that hearings are conducted in a fair and impartial manner, to maintain order during hearings and to avoid delay in the decision making process
Gildroy then entertained Council questions and comments. Lingard pointed out that Section 1.13(E) of the proposed rules of procedure listed the responsibilities of staff, including the responsibility to "provide revised plans if received within fifteen [15] days of the hearing." Lingard noted that this would allow revised plans to be submitted right up to the time of the hearing and that wouldn't provide staff adequate time for review. Lingard also pointed out that Section 1.15(C) of the proposed rules would require staff to make certain legal documents available to the public in advance of a hearing, but it offers no time frame to assure that the public is given enough time to review the documents prior to the hearing.
Following discussion concerning the addition of language to address Lingard's concerns,
Harper moved to adopt the "Hearing Examiner Rules of Procedure for Proceedings before the City of Chelan Hearing Examiner" as amended to change Section 1.13(E) to read as follows:
"Responsibilities of City Staff The City staff shall provide to the Hearing Examiner and the Applicant a staff report, which shall be available for public inspection for a period of ten (10) days prior to the hearing; provide public notice of Hearings; present materials at Hearings; and provide the Hearing Examiner with the documents relevant to each case, including revised plans if received not less than five days prior to the Hearing."
and Section 1.15(C) to read as follows:
"All forms of legal authority, including briefs and other legal memoranda upon which a Party of Record will be relying or presenting at the Hearing, must be submitted to the Hearing Examiner and Planning Department and shall be available for review by interested parties at least one week in advance of the scheduled Hearing date."
Seconded by Morehouse, motion passed unanimously.
INTERLOCAL AGREEMENT FOR SOUTH SHORE SERVICES & FACILITIES: At the City Council meeting of May 24, 2007, Council reviewed a draft agreement between City of Chelan and Chelan County relating to the provision of urban services and facilities to the "South Shore Area." At that meeting, Council directed staff to return with a final version of the agreement for Council's consideration. At this night's meeting, Planning & Community Development Director Gildroy presented said agreement and listed its key elements as follows:
§ County agreeing to process a city application for inclusion of the South Shore Area in the city's urban growth area;
§ City agreeing to plan and provide sanitary sewer and water service to the area;
§ City and County agreeing to remain neutral on annexation of the area;
§ City agreeing to set sewer and water rate charges for the area based on the prevailing rate for in-city service;
§ City and County agreeing to cooperative comprehensive planning for the area;
§ City and County agreeing to revenue sharing of various tax funds in consideration of the City's provision of sewer and water service to the south shore urban growth area;
§ City and County having the right to unilaterally terminate the agreement if the expansion of the urban growth boundary contemplated is not approved or is overturned by an appellate body or if the City is unable to execute a development agreement with Tuscan Village, LLC.
Mayor Witherbee noted that the proposed agreement is the result of many months' work by the City and County, the mitigation of a number of concerns and compromise by both parties.
Richard Uhlhorn, Chairman of the Chelan Falls Community Council, reported that there is a sewer odor problem in Chelan Falls and that residents want assurance that the City's sanitary sewer system capacity will be increased to accommodate new development in areas being annexed to the city. Public Works Director VanEpps explained that the Department of Ecology mandates that sewer capacity be increased when 80% capacity is reached, and he noted that although the City of Chelan isn't at that point yet, staff has applied to proceed with the second phase of the sewer treatment plant upgrade, including odor control measures. Gildroy urged Uhlhorn to attend Planning Commission meetings since utility service capability will be considered as part of the urban growth boundary expansion analysis.
Councilmember Papé-Miller pointed out that Section 2 of the proposed agreement states that the City's provision of utility services to the South Shore Area is subject to a mutually agreed upon franchise agreement for right of way, but it makes no mention of the agreements the City requires of the property owners receiving utility services. She asked that those agreements also be referenced in Section 2 to avoid any future misunderstanding.
Following brief discussion concerning Papé-Miller's requested amendment, Morehouse moved to approve and authorize the Mayor to sign the City of Chelan/Chelan County Interlocal Agreement for Planning and Coordinating South Shore Urban Services and Facilities, as amended to replace Section 2 of the draft agreement with the following language: "2. Extension of Utility Services The City shall plan for and provide Utility Services to the South Shore Area, subject to a mutually agreed upon franchise agreement for right of way, pursuant to this Agreement, and to agreements with property owners regarding their responsibilities. Seconded by Harper, motion passed unanimously.
PARKS & RECREATION MONTH: Parks & Recreation Director Erickson introduced Teka Parks, a Summer Intern with the Parks & Recreation Department. Ms. Parks announced that Mayor Witherbee would proclaim July 2007 to be Parks and Recreation Month in the City of Chelan. Mayor Witherbee then read his proclamation.
PARKS & RECREATION DEPARTMENT EQUIPMENT PURCHASE: Parks & Recreation Director Erickson asked for permission to purchase an all in one fax/printer/scanner/copier for the Parks & Recreation Department office. Erickson explained that this year's budget includes $1,250 for a computer and printer for the marina. His proposal was to forgo that purchase until next year, instead using part of the $1,250 to buy the all-in-one unit, which sells for $599 plus tax. Lingard moved to approve purchase of an all-in-one fax/printer/scanner/copier for the Parks & Recreation Department office in lieu of purchasing a replacement computer for the marina office. Seconded by Morehouse, motion passed unanimously.
ATHLETIC FIELD COMPLEX: Parks & Recreation Director Erickson reported that City Administrator Fonfara had asked him to prepare a report on plans for the Chelan Athletic Field Complex. Erickson presented the resulting report, which included background information on the ballfield complex and information on operational issues and the City's Capital Investment Plan (see Erickson's written staff report dated June 28, 2007). There followed Council questions and comments.
Audience member Bob Eier, 1076 East Johnson, recommended establishing a new ballfield complex in an area near the Wal-Mart Store and converting the existing ballfield complex into a general use park connected to Don Morse Park by the city's trail system.
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM: Mayor Witherbee opened a public hearing on the proposed 2008 - 2013 Transportation Improvement Program. Public Works Director VanEpps presented the staff report, explaining that the program is essentially the same as the 2007 - 2012 program with the following exceptions: Lakeside Trail Phase A and re-striping of Johnson Avenue were removed since those projects have been funded and are now in the design phase. Also, funding assumptions related to improving the intersection of Johnson Avenue and Columbia Street were modified to reflect Council's 6/14/07 decision to make that project the top Surface Transportation Program priority. VanEpps noted that an amended Six Year Transportation Improvement Program will likely be presented for Council consideration later in the year to incorporate implementation of impact fees.
Mayor Witherbee called for public comment. Stan Morse, 219 South Center, pointed out that the proposed program listed the total length of the Chelan River Bridge project as 0.01 mile rather than the correct length of 0.10 mile.
Mayor Witherbee called for Council questions and comments. There being none, Mayor Witherbee closed the public hearing. Papé-Miller moved to adopt Resolution No. 07-2013 adopting the City of Chelan Six-Year Transportation Improvement Program for 2008-2013, as amended to change the total length listed for the Chelan River Bridge project on Page 1 of Exhibit A from 0.01 to 0.10. Seconded by Morehouse, motion passed unanimously.
Council meeting recessed at 8:05 p.m. to permit the Mayor and Councilmembers to participate in the regular meeting of the Lake Chelan Airport Board. Council meeting reconvened at 8:06 p.m. following adjournment of the Airport Board meeting.
COUNCIL REPORTS/COMMENTS
APPRECIATION: Papé-Miller thanked Mayor Witherbee and Councilmember Olsen for their service to the community.
PARKING AT THE WILLOWS: Lingard complained that staff had gone overboard in response to Council's no parking designation on Highway 150 in the Willows area." Lingard reported that no parking signs had been posted on both sides of the highway along the entire length of the Willows area. Further, the no parking signs were not flagged to alert the public to the change and there was no grace period before ticketing commenced.
DRAINAGE CONCERNS: Lingard reported as follows. A developer installed an irrigation system to keep dust down during construction. An irrigation pipe ruptured. No one on site knew how to shut the system down. Water flowed downhill carrying debris that clogged the city storm water drainage system. Public Works employees worked over the weekend to unblock it, and Public Works Director VanEpps assured Lingard the system would be clear before the next storm could cause flooding.
SISTER CITY: Olsen gave the Mayor a check to help meet the expense of hosting a delegation from Kato, Japan that will be visiting Chelan in early July. Mayor Witherbee explained that the City of Chelan has two Sister Cities, one in Canada and the other in Japan. When City of Chelan officials visit either of those cities, their expenses are paid by the host government. However, Washington State's law against gifting of public funds prohibits the City of Chelan from reciprocating. Over the years, Mayors, Councilmembers and others have helped meet the costs of entertaining Sister City delegates. The Mayor reported that Councilman Weldy had also given him a check to help pay for entertaining the delegation arriving in July.
LINK TRANSIT: Olsen asked anyone who has concerns related to Link Transit's service for special needs riders in Chelan to contact him so he can pass the information on to the Link Board of Directors.
TRAFFIC CONCERN: Morehouse reported that drivers turning right from Saunders onto Woodin Avenue are creating a traffic hazard by using the parking space to the right of the right hand turn lane as a second turn lane. Morehouse said it might help if the parking space was better marked. Public Works Director VanEpps responded, saying he had contacted the Department of Transportation about the problem, and DOT had refreshed the line striping. VanEpps said it might be necessary to eliminate a couple of parking slots and cross-hatch the area for greater visibility. VanEpps said he would discuss the problem with DOT again.
RV Park Sewer Hookups: Morehouse reported receiving complaints that the sewer hookups at the Lakeshore RV Park are too far off the ground.
PEDESTRIAN SAFETY - UPPER WOODIN AVENUE: Morehouse said he continues to be concerned about the safety of people crossing the highway in the vicinity of the Apple Cup Cafe. Morehouse noted that the use of pedestrian crossing flags has been discussed but never implemented. Following brief discussion, Harper moved to direct staff to implement the use of pedestrian crossing flags on upper Woodin Avenue. Seconded by Morehouse, motion passed unanimously.
SALES TAX REVENUES: Mayor Witherbee reported that sales tax revenue through April is up by 32.5% over the same period in 2006.
STADIUM FUNDS: At the request of Richard Uhlhorn, 425 - 5th Street in Chelan Falls, Mayor Witherbee briefly reported on the status of 2% funds.
There being no further business, meeting adjourned at 8:25 p.m.
Linda Allison-Liles, City Clerk
Approved by City Council: July 26, 2007