MINUTES OF THE 9/27/07 CITY COUNCIL MEETING
135 EAST JOHNSON AVENUE, CHELAN, WASHINGTON
PRESENT: Mayor Pro Tem. Harper, Councilmembers Lingard, Morehouse, Olsen, Rodionoff and Weldy, Administrator Fonfara, Attorney Galbraith, Clerk Liles, Planning/Community Development Director Gildroy, Public Works Director VanEpps. EXCUSED ABSENCES: Mayor Witherbee and Councilmember Papé-Miller.
Harper called the meeting to order at 7:00 p.m.
CONSENT AGENDA
Weldy moved to approve the consent agenda as follows:
1. Approve Claims Warrants No. 058770 – 058852 totaling $326,728.64 and Payroll Warrants No. 27312 – 27427 totaling $141,073.47;
2. Approve Minutes of the 9/13/07 City Council meeting as presented;
3. Acknowledge Mayor’s acceptance of Richard Thompson’s resignation from the Planning Commission and appointment of Mark Tesch to complete Thompson’s unexpired term;
4. Adopt Ordinance No. 2007-1344 amending the Apple Blossom Center Planned Development District;
5. Authorize release of WalMart’s Letter of Credit in the amount of $1,097,741 and Performance Bond in the amount of $1,135,940; and
6. Excuse absence of Councilmember Papé-Miller from the 9/27/07 Council meeting.
Seconded by Rodionoff, motion passed unanimously.
REGULAR AGENDA
LINK TRANSIT: Richard DeRock, Link Transit General Manager, provided a report on Link operations and plans and distributed a handout to Council entitled “Link Transit Conditions and Futures.”
COMPREHENSIVE PLAN: Mayor Pro Tem Harper introduced an open record hearing to take public testimony on proposed amendments to the City’s GMA Comprehensive Plan and development regulations. After explaining the purpose of the hearing and rules regarding public hearing testimony, Harper determined that no Councilmember had a conflict of interest or appearance of fairness issue to declare, that all Councilmembers believed they could consider the matter at hand fairly and impartially and that there were no objections to his participation or the participation of any Councilmember in the proceedings. Harper then opened the public hearing and called for the staff report.
Gildroy briefly reviewed the Comprehensive Plan amendment process and then explained that he intended to provide a separate report on each item in the proposed amendment package and, at the conclusion of each report, would like testimony, deliberation and a motion before he moves on to the next item. There being no objection to that process, Gildroy proceeded with his report on proposed text and map amendments, including proposed amendments to the Transportation Element, Utility Element, Capital Facilities Element, Economic Element, Land Use Element, Open Space/Recreation Sub-Element, Natural Systems/Critical Areas Sub-Element, and Housing Element. Gildroy advised Council that the Planning Commission had unanimously recommended approval of these amendments. At the conclusion of the report, Harper called for public testimony on the proposed text and map amendments. There being none, he called for Council questions and comments. In response to a question from Lingard, Fonfara clarified the Comprehensive Plan amendment process. There being no further questions or comments, Rodionoff moved to approve the Comprehensive Plan text amendments and addition of the Open Space Overlay Map and Generalized Sensitive Areas Map as presented. Seconded by Weldy, motion passed unanimously.
Gildroy next presented the staff report on a proposal to expand the City’s Urban Growth Area (UGA) in response to five requests from three proponents. Gildroy advised Council that the Planning Commission had recommended approval of the five requests subject to certain conditions. At the conclusion of Gildroy’s report, Harper called for public testimony on the proposed UGA expansion. The following citizens responded:
Clint Campbell, 301 West NoSeeUm Road, asked if those owning property in the current UGA would be required to share the cost of infrastructure improvements in the new areas and if the availability of sewer and water services to properties in the existing UGA would be impacted by the provision of those services to properties in the expanded UGA. VanEpps and Fonfara assured Campbell that property owners in the current UGA would not be asked to fund the infrastructure improvements and that their sewer and water service would not be impacted by the expansion.
Stan Morse, 219 Center Street, asked who would pay if development in the UGA expansion area should require additional water and sewer facilities. VanEpps and Morehouse explained that developers would pay through general facilities charges.
There being no further public comment, Harper called for Council discussion. There being none, Rodionoff moved to approve the South Shore, Deer Mountain, Ma Kia Busbarea and Kuntz Subarea urban growth expansion requests subject to the conditions contained in staff’s report of 9/14/07; to approve the remainder of the Ma Kia area with the single family land use designation/zoning subject to the latest population projections from State of Washington and Chelan County; and to direct staff to forward this new boundary to Chelan County Commissioners for final deliberation. Seconded by Weldy, motion passed unanimously.
Gildroy presented the staff report on adoption of a dark sky ordinance, including the Planning Commission’s recommendation for approval. There being no public comment and no Council discussion, Weldy moved to approve the proposed dark sky ordinance with addition of a light pollution definition to include pollution from indoor light through a skylight on commercial property. Seconded by Rodionoff, motion passed 5-1 with Weldy, Rodionoff, Harper, Lingard and Olsen voting aye and Morehouse voting nay.
Gildroy presented the staff report on development standards, including the Planning Commission’s recommendation for approval. There being no public comment and no Council discussion, Weldy moved to approve development standards revisions as presented. Seconded by Rodionoff, motion passed unanimously.
Gildroy presented the staff report on telecommunication ordinance revisions, including the Planning Commission’s recommendation for approval. There being no public comment and no Council discussion, Weldy moved to approve telecommunication ordinance revisions as presented. Seconded by Lingard, motion passed unanimously.
Gildroy presented the staff report on split zones, including the Planning Commission’s recommendation for approval. There being no public comment and no Council discussion, Weldy moved to approve split zones as identified in staff’s 9/17/07 written report to the Planning Commission. Seconded by Rodionoff, motion passed unanimously.
Gildroy presented the staff report on proposed correction of four spot zones, including the Planning Commission’s recommendation for approval. There being no public comment and no Council discussion, Weldy moved to approve rezoning assessor parcel numbers 272213-850-440, -441, -442, -443 from single family residential to multi-family residential. Seconded by Lingard, motion passed unanimously.
PARKS & RECREATION COMPREHENSIVE PLAN & DESIGN STANDARDS: Mayor Pro Tem Harper introduced an open record hearing to take public testimony on adoption of the amended Parks & Recreation Comprehensive Plan, design standards and capital improvement plan. After explaining the purpose of the hearing and rules regarding public hearing testimony, Harper determined that no Councilmember had a conflict of interest or appearance of fairness issue to declare, that all Councilmembers believed they could consider the matter at hand fairly and impartially and that there were no objections to his participation or the participation of any Councilmember in the proceedings. Harper then opened the public hearing and called for the staff report.
Gildroy presented the staff report, including the information that the Parks & Recreation Advisory Board had recommended approval of the update and forwarded it to the Planning Commission for review. The Planning Commission had then remanded the impact fee element back to staff for further review, so that element was withdrawn from the proposed update being presented for Council consideration at this time.
At the conclusion of Gildroy’s report, Harper called for public comment. There being none, Harper called for Council discussion. There being none, Lingard moved to approve the Parks & Recreation Comprehensive Plan update and design standards and to instruct staff to prepare the appropriate enacting ordinance for presentation to Council at its 10/11/07 meeting. Seconded by Morehouse, motion passed unanimously.
CITY/SCHOOL DISTRICT AGREEMENT FOR JOINT USE OF RECREATIONAL FACILITIES: Fonfara briefly reviewed information he presented to Council on 8/9/07 concerning a proposal to convey to the Lake Chelan School District certain property slated for dedication to the City per its Development Agreement with Naumes. At the conclusion of his presentation on 8/9/07, Council directed Fonfara to prepare an amendment to the existing City/School District Interlocal Agreement for Joint Use of Recreational Facilities to set forth the terms under which the property would be conveyed. At this night’s meeting, Fonfara presented the resulting amendment for Council consideration.
Morehouse asked if the site of the current high school had been included in the City’s discussion with the School District. Fonfara said it had not but could be the subject of future consideration. Morehouse said he believes this might be a good time to let the District know that the City may have an interest in that property.
There being no further discussion, Rodionoff moved to approve the Amendment to the Interlocal Agreement between the City of Chelan and Lake Chelan School District No. 129 for Joint Use of Recreation Facilities and to authorize Mayor Witherbee to sign same. Seconded by Weldy, motion passed unanimously.
STRATEGIC PLANNING RETREAT MINUTES/AMENDED STRATEGIC PLAN: Fonfara presented the minutes of the City Council Strategic Planning Retreat held on August 25 and 26, 2007, explaining that he prepared the minutes in a format representative of a draft of the amended City of Chelan Strategic Plan. Fonfara further explained that the amended Plan is a modification of the plan approved by Council in 2006 and, when approved, will serve as the primary supporting document for the preparation of the City’s 2008 Budget and revision of the Work Plan Objectives of city departments. Fonfara noted an error in the minutes as distributed in Council meeting information packets: i.e., the date in paragraph two should have been August 26 not August 27.
Fonfara noted that Councilmember Papé-Miller had faxed a request to him, the Mayor, Councilmembers and the Planning/Community Development Director outlining a “Sustainability Plan“ that she recommended be added to the Strategic Plan. Following brief discussion, it was Council’s consensus to consider the recommendation at the next Council meeting when Papé-Miller would be in attendance.
There being no further discussion, Rodionoff moved to approve the minutes of the City Council Strategic Planning Retreat/special meeting held on August 25 and 26, 2007 as corrected and the amended Strategic Plan as presented. Seconded by Weldy, motion passed unanimously.
LAKESIDE TRAIL SECTION J: In response to Council’s 7/26/07 directive that a special City Council meeting be scheduled for Council to walk the proposed route of Lakeside Trail Section J in preparation for a public forum on reconsideration of the route, Fonfara suggested that Council meet at Lakeside Park at 10:00 a.m. on October 6.
Weldy said he wanted to remind Councilmembers that they had already voted on the location of Lakeside Trail Section J. There followed discussion concerning the purpose of the meeting.
Stan Morse, 219 Center Street, stated that he had submitted a letter to the City objecting to Councilmember Olsen’s further participation in discussion of Segment J of the Lakeside Trail because Olsen’s primary residence is located along the proposed trail route and this creates a conflict of interest. (Letter to Olsen dated 9/27/07.) Galbraith said he received a copy of Morse’s letter just before this meeting and hadn’t had a chance to review it, but since this is a legislative, as opposed to quasi-judicial, decision, there’s no reason for Olsen to recuse himself unless he’s a party to a contract relating to the project. Morse argued that there is the chance that a part of Olsen’s property may be condemned to provide for the trails’ right of way, thus allowing him to benefit financially from the project. Galbraith said he’d prefer not to debate the issue until he has time for review and, since the only action before Council is the scheduling of a special meeting, there doesn’t appear to be a reason for Olsen to recuse himself at this time.
Galbraith noted that the Lakeside Trail Plan was adopted as part of the City’s Comprehensive Plan following a very comprehensive public process, including public hearings, and it would seem that no amendment to the Comprehensive Plan should be taken without a like process. Therefore, the action taken by Council in April to approve an alternate trail route may be invalid. Galbraith advised Council against acting further until the proper procedure is known so it can be followed. Asked if he was advising against the proposed special meeting, he said there was no reason Council shouldn‘t meet to gather additional information.
Weldy complained that Morse had distributed several documents to Council just before this meeting began, some on law firm stationary, and there was no time to read and consider them before this discussion. In response Morse said that the City had failed to ask him and Lakeside residents if they could be available to attend a Council meeting on October 6. Also, that Council discussed reconsideration of the trail route at their meeting of 7/26/07 although that topic was not listed on the agenda. Morse said he and his clients want the opportunity to speak individually with Councilmembers and they want time to hire their own engineers and safety experts to study the trail route. Morse explained that his last minute handouts were prompted by his assumption that Council was meeting on October 6 to rescind the 4/26/07decision approving the alternate trail route favored by his clients. Morse said he does agree with Galbraith in that he believes there should be a process that allows residents of the Lakeside neighborhood to share their concerns.
Morehouse said he doesn’t understand whether or not it is legal to reconsider a prior Council decision. Galbraith responded, advising that Council can always reconsider. Gildroy said he wanted to clarify that in this case, Council shouldn’t have rejected the initial trail route in favor of an alternate route without a public hearing process since the Trail Plan was adopted by reference as part of the Comprehensive Plan following a process that involved public hearings.
Morehouse then said he wanted to disclose for the record that he received Morse’s handouts at the same time other Councilmembers did. Also, that he had two meetings with Fred Ross concerning water issues on the south shore.
Weldy said that if a motion is made to hold a special meeting on 10/6, he would ask that said meeting start at 9:00 a.m. and that the motion state that no action will be taken at the meeting.
Morehouse then said he wanted to disclose for the record that he may or may not attend should a meeting be scheduled on October 6 because he has already been over the trail route. Also, he has read the 2005 study that determined the City would need to purchase a certain corner property in order to mitigate a line of sight/safety problem that he is aware will be cited should an accident at that corner result in a lawsuit.
Rodionoff moved to schedule a special City Council meeting at Lakeside Park at 9:00 a.m. on Saturday, October 6, 2007, to discuss Section J of the Lakeside Trail Project, with no vote to be taken at that meeting. Seconded by Olsen, motion passed 5-1 with Rodionoff, Olsen, Harper, Lingard and Weldy voting aye and Morehouse voting nay.
At 8:50 p.m., Council meeting was recessed to allow Councilmembers to participate in the regular meeting of the Lake Chelan Airport Baord. Council meeting reconvened at 9:05 p.m. following adjournment of the Airport Board meeting.
REPORTS/COMMENTS
CHAMBER OF COMMERCE RESTROOM: Weldy asked that Administration ask the Public Utility District to keep the public restrooms adjacent to the Chamber of Commerce open year around. Fonfara said he already had a call in to the PUD concerning that issue.
SKATEPARK LIGHTING: Weldy asked the status of skate park lighting. Fonfara reported that the supplier submitted a price quote for the lights, but didn’t include the electrical work. He asked the supplier to re-bid and include the electrical work. The supplier responded by identifying an electrician who will do the work and staff is meeting with the electrician to determine the cost.
LAKE CHELAN TOURISM PROMOTION GROUP: Weldy reported that the Lake Chelan Tourism Promotion Group met the previous day with the advertising agency that handles their publications. The fall guide will be posted on their website once it is approved by their board. The Group will make their annual presentation to Council on 10/11/07.
LAKESIDE TRAIL SECTION J: Weldy asked Galbraith if his earlier comment concerning Council’s action on 4/26/07 was intended to convey that approval of an alternate Segment J trail route was invalid. Galbraith said no, but he is concerned because it would follow that any amendment to a plan that was subject to adoption pursuant to a public hearing process, should be amended only by a like process so that everyone has the opportunity to state their position in a public hearing. Galbraith also noted as a concern that reconsideration of the route for Section J of the Lakeside Trail was not listed on the published agenda for 4/26/07; rather, the agenda listed acceptance of a grant to fund construction of the route that had been approved as part of the Comprehensive Plan.
HIGHWAY 150 LANE RECONFIGURATION: Lingard said he is hearing a positive response to the Highway 150 lane reconfiguration even from those who were initially against it. One concern is the old lane division line from Safeway westbound that is still visible and confuses some drivers. VanEpps said he would ask DOT to black that out or to allow the City’s Public Works staff to do so.
GOLF COURSE: Lingard said that the appearance of the golf course is much improved and he would like his appreciation for that to be passed on to Don Hensley (Parks & Recreation Maintenance Supervisor).
INVENTORY OF PUBLIC FACILITIES: Rodionoff noted that the Inventory of Public Facilities needs to be updated since it still shows Pingrey Park as “undeveloped.”
LAKE HOUSE & CABANA DEVELOPMENTS: Rodionoff expressed concern that there would be inadequate onsite parking at the Lake House and Cabana resort facilities and that this would have a negative impact on the neighborhood where both will be located. Gildroy reported planned parking provisions for the Lake House and said that parking requirements have not changed in the Cabana’s case.
LINK TRANSIT: Olsen noted that a lot is going on with Link as reported by DeRock earlier in the meeting, but since much of it is tentative, he had held off reporting it to Council. One thing DeRock didn’t mention that will be interesting to watch is a new “dial-a-ride” service in Leavenworth. Olsen also noted that for the first time, construction dollars shown in Link’s sales tax report are down from the previous year.
SPECIAL EVENT SIDEWALK MARKINGS: Olsen noted that the route markings put on sidewalks to guide race participants continue to be a problem in that they remain long after the event is over. He said that last year he observed a state highway crew sandblasting markings off the highway following a race, which is an unnecessary expense since there are a number of alternatives to indelible paint. Fonfara reported that staff had communicated to organizers of the most recent triathlon that they are in violation of their permit due to markings left on sidewalks, and they have promised to remove them. There followed a brief discussion about various ways to mark race routes.
SCHOOL DISTRICT PROPERTY ACQUISITION: Morehouse recommended that acquisition of the property where the high school is now located be made a high priority in the City’s negotiations with the School District and that a line item for that purpose should be included in the 2008 City Budget. Fonfara said that what Morehouse was proposing would require extensive analysis. Morehouse said that even if acquisition of the property takes several years, now is the time to begin.
LAKESIDE TRAIL SEGMENT J: Morehouse noted several safety concerns relating to Segment J of the Lakeside Trail, saying they had to be addressed.
DISSEMINATION OF INFORMATION: Morehouse said that the City needs to do a better job of getting information out to people well in advance of Council action. He also said that Council should be provided information far enough in advance so Councilmembers have time to study and absorb it before acting. As an example of information he felt was distributed too late for review, Morehouse cited the binder presented to Council in advance of the decision on the Apple Blossom Center Planned Development District amendment application. There followed discussion concerning the process prescribed by law for processing such an application.
ROAD CONDITIONS: Rodionoff complained that Hinkels & McCoy, a contractor working for the PUD, is tearing up the roads in Chelan Hills and not restoring them as required by code. VanEpps said that staff is aware of the problem, has discussed it with the PUD and has been told that the contractor will restore the roads to the City’s satisfaction at completion of the project.
There being no further business, meeting adjourned at 10:30 p.m.
Linda Allison-Liles
City Clerk
APPROVED BY CITY COUNCIL OCTOBER 11, 2007.