MINUTES OF 7/26/07 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, City Clerk Liles, Finance Director Grant, Planning/Community Development Director Gildroy, Public Works Director VanEpps, Parks & Recreation Director Erickson.
Mayor Witherbee called the meeting to order at 7:00 p.m.
CONSENT AGENDA
Lingard moved to approve the consent agenda as follows:
1. Approve Payroll Warrants No. 26663 - 26925 totaling $336,893.62 and Claims Warrants No. 58248 - 58455 totaling $391,172.77 (Payroll Warrants No. 26661, 26662, 26733, 26744, 26773, 26774 and Claims Warrants No. 58456 voided);
2. Approve minutes of 6/28/07 City Council meeting; and
3. Set 8/9/07 as the date for the WR-Splash annexation petitioners' meeting.
Seconded by Olsen, motion passed unanimously.
PUBLIC INPUT
BUELL HAWKINS - HIGHWAY 150 LANE RECONFIGURATION: Chelan County Commissioner Buell Hawkins recommended having the Department of Transportation conduct a traffic study during apple harvest to see if the planned Highway 150 lane reconfiguration will actually help alleviate traffic congestion as intended. Hawkins asked that the City delay further commitment of resources to the project until the results of the study are known. Hawkins also requested that City Council consent to be bound by results of the study.
There followed discussion concerning Hawkins' recommendation and the City of Chelan Traffic Circulation Enhancement Study conducted in 2004-2005.
BUELL HAWKINS - COUNTYWIDE TRANSPORTATION PLANNING: Chelan County Commissioner Buell Hawkins reported that Chelan County is going to conduct a countywide transportation analysis culminating in a ten year transportation plan for Chelan County.
MORGAN PICTON - HIGHWAY 150 LANE RECONFIGURATION: Morgan Picton, Chair of the Manson Community Council, reported that on 7/24/07 the Community Council heard from a number of Manson residents and area business owners who are concerned about the planned Highway 150 lane reconfiguration. Picton reported those concerns as set forth in his 7/26/07 letter to City Council (Exhibit A attached). Picton asked that the City support a test of the planned lane reconfiguration during the peak tourist season.
RICHARD MONTOYA - LAW ENFORCEMENT: Richard Montoya, East Wenatchee, asked to meet with Council concerning "false and unsubstantiated allegations" of illegal activity said to be taking place at Se_or Frog's, the Chelan tavern he owns. Naming Kent Sisson of the Chelan County Sheriff's Office as the source of the allegations, Montoya reported that the State Liquor Control Board had launched an undercover investigation of his business based on Sisson's report of illegal activity at the tavern, though Sisson had offered no evidence. Montoya said he had contacted the Sheriff's Department and was advised to meet with Sisson, but Sisson refused to talk to him. He then attempted to set up a meeting with the City Administrator, but his calls weren't returned. He isn't comfortable discussing the situation with the Mayor because the situation involves an issue relating to the Mayor. He doesn't want to resort to legal action to rectify the situation, so is hoping the City Council will acknowledge and address the problem.
City Attorney Galbraith explained that any City involvement in law enforcement administration would be a breach of the City's law enforcement services agreement with Chelan County. There followed further discussion, which culminated in an offer from Chelan County Commissioner Buell Hawkins to arrange and facilitate a meeting to be attended by Montoya, Sisson and Sheriff Harum. Montoya agreed to attend.
SCOTT LOGAN - HIGHWAY 150 RECONFIGURATION: Scott Logan, Orondo, said he views the potential impact of the planned reconfiguration of Highway 150 from the school transportation providers' point of view. Logan asked that the review proposed by Commissioner Hawkins be expanded to look at how the reconfiguration will affect areas other than that stretch of Highway 150 between Campbell's and Lakeshore Park.
Mayor Witherbee responded, advising Logan that the Traffic Circulation Enhancement Study had addressed that question. The Mayor offered to provide Logan with a copy of the study.
RAY DOBBS - HIGHWAY 150 RECONFIGURATION: Ray Dobbs, 150 Fairway, said that he participated in the 2004-2005 transportation planning process and believes the City's Traffic Enhancement Plan was prepared with due diligence and is workable. Dobbs said that the planned three lane configuration is safer for pedestrians and for vehicles attempting to cross Highway 150, and it is his opinion that it should be extended as far as to No-See-Um Road. Dobbs encouraged the City to proceed as planned.
BOB EIER - HIGHWAY 150 RECONFIGURATION: Bob Eier, 1076 East Johnson Avenue, said he believes the City is doing the right thing in the short term, but would encourage long term comprehensive planning for Chelan and Manson. Eier recommended alleviating traffic on Manson Highway by providing a second route between Chelan and Manson. He suggested constructing a road from Apple Blossom Way west to the rodeo grounds, then across the draw to the golf course, tying into Boyd Road and proceeding west to eventually emerge on the north side of Manson's Mill Bay Casino.
JERRY BRAGG - HIGHWAY 150 RECONFIGURATION: Jerry Bragg, Manson, said he expects the planned lane reconfiguration to have a negative impact on businesses located on Highway 150 between Campbells Lodge and Lakeshore Park. Bragg said that he shares concerns reported by Morgan Picton and is also worried about loss of the proposed turn lane in winter when the County piles snow down the center of the street. Bragg also said that visitors to the community are accustomed to Chelan traffic patterns, so the proposed changes are likely to create confusion that will add to traffic problems. He recommended leaving the lane configuration as is and instead constructing three elevated walkways crossing Highway 150 at intervals between Campbells Lodge and Lakeshore Park. Bragg said he supported Commissioner Hawkins' recommendation for a test, but would prefer it be conducted during June, July and August - or better yet, from July 2007 to July 2008.
BUELL HAWKINS - HIGHWAY 150 RECONFIGURATION: County Commissioner Hawkins asked if he should contact the Department of Transportation (DOT) about drafting a scope of work for conducting the test he'd proposed earlier in the meeting. Mayor Witherbee said that if DOT is interested in conducting the test, a DOT representative should contact the City's Public Works Director.
SGT. KENT SISSON - SE_OR FROGS TAVERN: Responding to Richard Montoya's comments earlier in the meeting, Sgt. Sisson acknowledged that he'd written to the Liquor Control Board concerning the way business is being conducted at Se_or Frogs. Disputing Montoya's contention that the information provided to the Liquor Control Board was not substantiated, Sisson reported that Se_or Frogs generates four times more incidents involving the Sheriff's Office than any other bar in town and those incidents are documented. Sisson said that concerns include over service, under age drinking, fights and reported drug dealing. Sisson reported that the Liquor Control Board's investigation resulted in the issuance of six citations in less than a half hour. Sisson acknowledged that the Sheriff's Department is paying particular attention to activities at Se_or Frogs, and he said they would continue that focus until the problems are addressed.
REGULAR AGENDA
SHERIFF'S DEPARTMENT: Sgt. Kent Sisson reported on the recent Chelan Man marathon, reviewed the Sheriff Department's Second Quarter Law Enforcement Services Report, announced his promotion to Lieutenant of Patrol for Chelan County and introduced Sgt. Brian Burnett, his replacement as Chelan's chief law enforcement officer. Burnett then provided information about his himself.
LAKE HILLS DEVELOPMENT: Administrator Fonfara presented a proposed agreement for the installation of sewer lines to serve Lake Hills Development, an 86 lot residential subdivision located north of the Chelan Municipal Golf Course and east of Golf Course Terrace III. Fonfara explained that the sewer lines will run through the golf course and undeveloped City owned property adjacent to the 10th green and fairway. Fonfara noted that Council had considered and approved similar agreements with this developer for this purpose, first on 9/28/06 and again on 1/11/07, but in both cases unforeseen circumstances prevented the developer from executing those agreements. Noting that the agreement under consideration was a modified version of the two prior agreements, Fonfara listed its key points as set forth in his 7/26/07 memo to City Council (Exhibit 1 to Agenda Bill 06-030E).
Fonfara reported that a controversy had arisen regarding Phase 3 of the project, i.e., completion of the two inch asphalt overlay. The Developer believes he should be required to overlay only those areas of the golf course parking lot disturbed by the sewer line installation. The City is requiring the Developer to overlay all parking areas plus the golf course access road as recommended by the Hearings Examiner to mitigate impacts to public lands. Fonfara explained that Council is offered the option of approving the agreement as preferred by the Developer or as recommended by city staff. There followed discussion about the controversy, including testimony in support of the Developer's preference from Rob McGary, Lake Hills Managing Partner.
Olsen then moved to approve the Development Agreement between the City and Lake Hills Development, as recommended by staff, and to authorize Mayor Witherbee to sign said Agreement. Seconded by Harper, motion passed unanimously.
There followed discussion concerning which aspects of the Agreement must be addressed before preliminary work can begin.
UTILITY CHARGE WIAVERS/ADJUSTMENTS: Finance Director Grant presented two proposed ordinances granting Finance Department staff the ability to waive/adjust certain charges and fees relative to utility accounts. Specifically, in cases where a charge is disputed, staff would have authority to grant a waiver of late fees and excess garbage fees once in every twelve month period at the customer's request and to make adjustments to water billings when a water leak or break occurs and the customer makes repairs in a timely manner. Additionally, CMC 13.12.040 would be amended to state that utility accounts shall be established and remain in the property owner's name and bills shall be sent to the owner. Grant reported that the Finance Committee had reviewed the proposal and is supportive.
Rodionoff moved to adopt ORDINANCE NO. 07-1342 amending certain provisions in Chelan Municipal Code Chapter 8 relating to the waiver of utility fees or charges; assigning collection duties to the Finance Department; and establishing guidelines for the Finance Department to waive certain utility fees or charges. Seconded by Harper, motion passed unanimously.
Rodionoff moved to adopt ORDINANCE NO. 07-1343 amending Ordinance No. 674, amending and adding certain provisions to Chelan Municipal Code Chapter 13 relating to the waiver and adjustment of utility fees or charges; assigning collection duties to the Finance Department; and establishing guidelines for the Finance Department to waive and adjust certain utility fees or charges. Seconded by Harper, motion passed unanimously.
ASSIGNMENT OF INNAMORATA CONCESSION: At the request of Administrator Fonfara, it was Council's consensus to remove this item from the agenda.
BUILDING CODE UPDATE: Planning & Building Director Gildroy reported that the 2006 International Building Code was adopted by the Washington State Building Code Council as the State Building Code to become effective statewide in July 2007. Gildroy presented a proposed ordinance to adopt the 2006 International Building Code and associated amendments and recommended its adoption. Harper moved to adopt ORDINANCE NO. 07-1341 amending Chelan Municipal Code Chapter 15.04 by adopting building codes with amendments. Seconded by Rodionoff, motion passed unanimously.
STUDIO CASCADE, INC. PROFESSIONAL SERVICES AGREEMENT: Planning & Community Development Director Gildroy reported that Studio Cascade, Inc. was retained by Chelan County to determine the level of analysis required for the South Shore urban growth boundary expansion joint planning area. In addition, Studio Cascade participated in the citizen advisory committee on the urban growth area and expansions and prepared open house presentations for all three citizen initiated urban growth boundary expansion requests.
Gildroy noted that the 2007 budget includes $15,000 for Growth Management Act activities, including payment to planning consultants for the update and amendment process. Gildroy proposed entering into a professional services agreement with Studio Cascade to allow the consultant to analyze all urban growth boundary expansion requests, prepare associated reports, present findings at a workshop and at public hearings, and submit the package to Chelan County for a final decision. Rodionoff moved to authorize the Mayor to sign the Professional Services Agreement with Studio Cascade for planning consulting services, as presented. Seconded by Weldy, motion passed unanimously.
PARKS & RECREATION DIRECTOR REPLACEMENT: Administrator Fonfara presented options for filling the vacant Parks & Recreation Director position. Mayor Witherbee recommended following the procedure used when recruiting and hiring the City Administrator and most recent Parks & Recreation Director, but delaying a final hiring decision until after the November election so the mayor-elect and councilmembers-elect have the opportunity to participate. Candidate for Mayor Scott McKellar asked if it would be possible for candidates to review all of the applications, and Mayor Witherbee said it would.
Councilman Lingard voiced concern that Council would lack the input necessary to make informed decisions regarding the 2008 Parks & Recreation budget. Fonfara assured Lingard that the former Parks & Recreation Director had done extensive and detailed preliminary budget work before leaving the City.
It was Council's consensus to direct Fonfara to develop a Parks & Recreation Director recruitment timeframe for Council's review, delaying finalist interviews until after the November 2007 election.
STRATEGIC PLANNING RETREAT: Administrator Fonfara requested a motion to schedule the 2007 Strategic Planning Retreat, suggesting it be held on August 25th and 26th. Fonfara explained that the suggested dates were based on results of a survey distributed to the Mayor and Council to determine which of a series of weekends each official could meet. There were seven responses, five selecting August 11-12, five selecting August 18-19, and six selecting August 25-26.
Councilmember Morehouse explained that he didn't respond to the survey because he is available on all of the suggested weekends.
Councilmember Papé-Miller complained that three respondents indicated availability on August 25-26 only although they were asked to select at least two weekends. Papé-Miller said she is not available on August 25 and 26 due to family obligations, and she asked that the retreat be held September 1-2 instead. Following additional discussion, Rodionoff moved to schedule a special City Council meeting/retreat on Saturday, August 25, 2007 and Sunday, August 26, 2007, from 8:a.m. to 1:00 p.m. both days, at the former Deep Water Brewery building at 225 Manson Highway, Chelan, Washington. Seconded by Harper, motion passed 5-2 with Rodionoff, Harper, Lingard, Olsen and Weldy voting aye and Papé-Miller and Morehouse voting nay.
At 9:30 p.m., Council meeting adjourned to allow the Mayor and Councilmembers to participate in the regular meeting of the Lake Chelan Airport Board. Council meeting reconvened at 9:31 p.m. following adjournment of the Airport Board meeting.
COUNCIL REPORTS/COMMENTS
AIRPORT LAYOUT PLAN: Morehouse said he recently learned that there is a long term airport plan in process and he is wondering when Administration intends to inform Council. Fonfara responded, acknowledging that an Airport Layout Plan update has been underway for some time and noting that the plan has been discussed at past meetings, including at least one attended by Morehouse. Fonfara reported that the project's consulting engineer is preparing a preferred alternative of the Layout Plan update for presentation to the Airport Planning Advisory Committee within the next couple of months. The Committee's recommendation will then be presented to the Airport Board for consideration.
GOLF COURSE PRIVITIZATION: Olsen asked that Council consider soliciting proposals for privatizing the golf course driving range, food service concession, pro shop operation and golf pro position. The Mayor offered to distribute information he'd gathered on privatization of golf course services and then to put the topic on a future Council meeting agenda for discussion.
PUBLIC SAFETY COMMITTEE: Harper reported on the last Public Safety Committee meeting. Completion of the stop sign installation project was discussed, and the Public Works Director assured the Committee that the remaining signs would be installed this fall. Harper said the Committee was pleased to meet Sgt. Brian Burnett and expects he will do a great job as Chelan's chief law enforcement officer.
PUBLIC SAFETY COMMITTEE APPOINTMENT: Rodionoff recommended that Councilman Lingard be appointed to fill the Public Safety Committee position vacated by Bernice McCulley. Consensus was to appoint Lingard to complete Bernice McCulley's unexpired term on the Public Safety Committee.
RC&D AND EDD APPOINTMENT: At Papé-Miller's request, the Mayor and Council consented to appoint Papé-Miller to replace Mayor Witherbee as the City's representative on the Resource Conservation and Development Council and the Economic Development District Board.
EXCUSED ABSENCE REQUEST: Rodionoff reported that he would not be able to attend the August 9, 2007 City Council meeting because he would be away on vacation, and he asked that his absence be excused.
LAKEHOUSE DEVELOPMENT: Rodionoff asked for assurance that the Lakehouse development would include adequate onsite parking, including parking for boat trailers, to avoid adding to the existing congestion in that neighborhood. Community Development Director Gildroy responded, saying that staff hasn't yet reviewed the project. Gildroy reported that Councilmember Papé-Miller had informed him of pedestrian safety concerns related to the project.
ACCOUNTS PAYABLE: Lingard said he had learned that the City was passing up discounts for early payment of some bills because checks couldn't be mailed until Council approved payment. Lingard asked that the Finance Committee develop a process whereby bills could be paid prior to Council approval.
GOLF COURSE FOOD CONCESSION: Lingard said he believes Sarah Christenson would be interested in continuing as the golf course food concessionaire if the clubhouse kitchen were improved. Olsen noted that the kitchen was designed to accommodate a snack bar, not a restaurant operation. Mayor Witherbee reported that clubhouse improvements, including a kitchen upgrade, have been considered, but Council has not taken action.
PARKING ENFORCEMENT: Weldy reported that downtown merchants are pleased with the parking enforcement program and appreciate the year around enforcement effort. He noted that merchants aren't hearing complaints as they did in past years.
SKATEPARK LIGHTING: Weldy asked the status of the skatepark lighting project. Parks & Recreation Director Erickson reported that bids are in and the project could proceed, but he has held off for two reasons: the City budget may need to be cut back due to the County Auditor's property tax error and the Park Plan calls for relocation of the skatepark facility.
PARKS & RECREATION: Weldy praised the work Dave Erickson had done as Parks & Recreation Director and credited Erickson for improving the attitude of Parks & Recreation maintenance personnel. Mayor Witherbee pointed out that with the Parks & Recreation reorganization, Don Hensley is now serving as Parks & Golf Maintenance Supervisor and is doing an excellent job under Erickson's direction. The Mayor said that although some still aren't convinced, he has no doubt that the Parks & Recreation reorganization is working as hoped.
LAKEVIEW DRIVE IN: Papé-Miller asked if Administration would be responding to a letter requesting extension of the Lakeview Drive In lease. Fonfara said the letter would be referred to the Finance Committee for consideration and the Committee would then make its recommendation to City Council.
LAKESIDE TRAIL SEGMENT J: Mayor Witherbee asked Councilmembers if they would be willing to reconsider their decision regarding Segment J of the Lakeside Trail Master Plan. The Mayor said he failed to provide Council with the necessary information to make an informed decision and believes that led to their rejecting Segment J in favor of an alternate route. For that reason and because he believes Segment J is an integral part of the overall trail plan, he feels it deserves a second look. Further, the $90,000 grant the City received was for construction of Segment J as set forth in the Master Plan. The Mayor said that if Council is willing, he will include reconsideration of Segment J on the next Council agenda. In the meantime, he will notify those citizens who testified at the April 26, 2007 Council meeting so they can again participate in the discussion.
Papé-Miller observed that residents of the subject area were provided even less information than Council received. There followed discussion concerning the process that led to Council's vote for the alternate route. Morehouse then moved that Council not reconsider Lakeside Trail Segment J unless fifteen Lakeside property owners provide the City with signed statements saying they favor the project. Seconded by Weldy, motion failed 2-4-1 with Morehouse and Weldy voting aye; Harper, Lingard, Olsen and Rodionoff voting nay; and Papé-Miller abstaining.
Weldy said he'd proposed a third route and it was his understanding that that the Public Works Director was going to investigate its viability, talk to the neighbors and then bring results back to Council for consideration. VanEpps said he'd determined that the route would require purchase of private property and therefore it wasn't financially feasible. Further, both that route and the approved alternate are inconsistent with the comprehensive plan adopted by Council and all the input that went into it. VanEpps said that in his opinion, any divergence from the adopted plan merits more scrutiny than is possible at a single meeting, especially one where Council is under pressure to respond to angry citizens.
Harper moved to reconsider Lakeside Trail Section J after first notifying Lakeside property owners and the general public. Lingard suggested that a public forum on the issue be held before it is brought back to Council.
Richard Uhlhorn, Lake Chelan Public Trails Association, reminded Council that the Association spent five years preparing a comprehensive trails plan to serve Chelan for the next twenty years. That plan, which included Segment J of the Lakeside Trail, was then adopted by Council. Uhlhorn advocated reconsideration of Council's subsequent vote to alter Segment J, saying he is confident a compromise can be reached that will allow the trail to follow the lakeshore on public land as intended.
Bob Eier, 1076 East Johnson, said he had walked, run and wheel-chaired both Segment J and its alternate and found the original route much safer and more pleasant than the alternate route. Eier advocated reconsideration with input from all interested residents, not just a select few.
There followed further discussion concerning public participation should the trail segment be reconsidered, the importance of fully informing both Council and adjacent property owners, the potential impacts on the neighborhood should the trail be constructed as originally envisioned, the need for Council to visit the site, and the possibility of using the grant funds to construct a different segment of the trail.
Harper withdrew his prior motion and moved instead to reconsider Lakeside Trail Section J after holding a public forum to take input on that project, and to direct staff to schedule said forum and notify the general public, and Lakeside property owners in particular, of the forum. Seconded by Rodionoff, motion passed 5-2 with Harper, Rodionoff, Lingard, Olsen and Papé-Miller voting aye and Morehouse and Weldy voting nay. At Weldy's suggestion, Council consensus was to direct staff to schedule a special Council meeting to be held at the proposed site of Lakeside Trail Section J prior to the public forum.
COUNCIL COMMENTS
ACCESS TO CITY HALL: During the preceding discussion, Councilmember Morehouse complained that the fire door separating the back hallway and City Hall offices is now being closed at night so he is no longer able to use city office equipment after hours. Contending that City Councilmembers have the right to full City Hall access, Morehouse said he would consult Municipal Research and Services Center if the situation is not rectified.
AGENDA AMENDMENTS: During the preceding discussion, Councilmember Morehouse complained that Councilmembers are told the agenda can't be amended once it's been published, but the Mayor and City Administrator routinely introduce topics during meetings that are not on the agenda.
EXECUTIVE SESSION
At 10:30 p.m., the Mayor, Councilmembers, Administrator and Attorney adjourned to executive session to discus collective bargaining issues. Regular meeting reconvened at 11:05 p.m.
There being no further business, meeting adjourned at 11:05 p.m.
PREPARED BY:
_________________________
Linda Allison-Liles, City Clerk
DATE APPROVED BY CITY COUNCIL: ___________________
ATTEST: ______________________________
Jay Witherbee, Mayor