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HomeMy WebLinkAboutMinutes 01/24/2012• • CITY COUNCIL MEETING Port Angeles, Washington January 17, 2012, meeting adjourned to January 24, 2012 CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: CITY COUNCIL REPORTS: WORK SESSION: Mayor Kidd called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Members Absent: Staff Present: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, Mania, and Nelson. None. Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T Gallagher, D McKeen, N. West, L. Kheriaty, T Pierce, M. Puntenney, D Beery, K. Neal, T Partch, and D. Bel lamente. Mayor Kidd led the Pledge of Allegiance to the Flag. Dr Crystal Tack, spoke in opposition to biomass projects and invited Council to a presentation on January 27, at 7:00 p.m. at the Olympic Unitarian Universalist Fellowship Hall in Port Angeles, titled "Why Biomass is Bad for the Environment, Health & Local Economy" Dr Dale Holiday, 1313 E. 4" St., invited Council to Pori Angeles Healthy Youth Coalition's public educational event, regarding youth substance abuse, at Olympic Medical Center on January 30, at 5:00 p.m. Nelson Cone, 52 Hanusa Lane, spoke in opposition to biomass projects. Darlene Schanfald, PO Box 2664, Sequim, invited Council to an event at the Landing Mall on January 26 at 6:30 p.nt., stating the event featured Captain Charles Moore and his book "The Great Infection of the Sea" She also invited Council to a forum the Olympic Environmental Council would be giving on February 1, at the Port Angeles Library Councilmember Bruch spoke regarding her attendance with Mayor Kidd at the AWC Elected Officials Training. No other reports were given. 1 Council Assignments to Boards, Commissions & Committees Manager Myers stated this agenda item had already been addressed at the recent City Council Retreat. 2. City Council Retreat Agenda Manager Myers stated this item was no longer needed now that the City Council Retreat had already taken place. 7048 7049 CITY COUNCIL MEETING January 24, 2012 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: Manager Myers requested the following three additions to the City Council Agenda: 1 Resolution to approve the Declaration of Emergency issued by the City Manager during the recent winter storm 2. City Council Advisory Committee and Board Appointments, and 3 FEMA Lawsuit All items were added to the agenda under Other Considerations. CONSENT AGENDA: Deputy Mayor Collins requested minor amendments to the City Council Minutes for January 3, 2012. It was moved by Collins and seconded by Downie to approve the Consent Agenda to include: I City Council Minutes for December 13 & 15, 2011, and January 3, 2012, as amended. 2. Expenditure Approval List: 12/24/11 to 1/6/12 for $2,011,111 95 3. Stormwater Education and Outreach Services — Interposal Agreement with Kitsap County 4 Equipment Purchase — Parks Maintenance Equipment 5 Western Public Agencies Group (WPAG) Consulting Agreement 6. Simple Steps, Smart Savings Promotion services Agreement 7 2011 Street / Alley Overlay Contract, Project TR03 -11 / Final Acceptance Motion carried 7 -0. ORDINANCES NOT 1 New and Expanded Large Single Electrical Loads REQUIRING PUBLIC HEARINGS: Public Works and Utilities Director Cutler introduced Deputy Director of Power Systems Dunbar, and he stated the Utility Advisory Committee had unanimously recommended approval of the following ordinance. Deputy Director Dunbar described the reasons for the ordinance, stating it would only apply to new utility customers with a 2 Megawatt need or greater. He also stated the proposed electric services and charges would only apply when the City was incurring Tier 2 power from Bonneville Power Administration. Council will still annually review utility rates as part of the Budget process. Council discussion fol lowed. Mayor Kidd conducted a first reading of the ordinance by title, entitled, ORDINANCE NO AN ORDINANCE of the City of Port Angeles, Washington, relating to Electricity Services and Charges; adding a new section 3.12.074 to Chapter 13 12 of Title 13 of the Port Angeles Municipal Code. RESOLUTIONS NOT 1 Declaration of Emergency REQUIRING PUBLIC HEARINGS: Manager Myers stated the Declaration of Emergency was needed during the recent winter storm and asked Council to affirm and ratify the Declaration with the following Resolution. Council discussion followed. 2 • • RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Resolution No. 01 -12 OTHER CONSIDERATIONS: Mayor Kidd read the Resolution by title, entitled, CITY COUNCIL MEETING January 24, 2012 RESOLUTION NO. 01 -12 A RESOLUTION of the City Council of the City of Port Angeles, Washington, affirming and ratifying the Declaration of Emergency issued by the City Manager on January 17, 2012. It was moved by Mania and seconded by Nelson to: Pass the resolution as read by title. Motion carried 7 -0. City — County Interlocal Agreement / IT Services Manager Myers provided a brief description of the agreement and stated Clallam County IT Director Deborah Earley was in attendance if the Council had any questions. He stated the agreement was a result of the City and County looking for ways to share services and work together to create efficiencies for both entities. It was moved by Mania and seconded by Di Guilio to: Approve and authorize the City Manager to sign an inter -local agreement for IT services between the City of Port Angeles and Clallam County and make minor modifications to the agreement, as necessary Motion carried 7 -0. Design Industrial Outfall Repair and Cleaning Project / Project W W08- 2008 Director Cutler introduced Engineering Manager Neal who described the Industrial Outfall Repair and Cleaning Project. Council discussion followed. It was moved by Downie and seconded by Nelson to: Approve and authorize the City Manager to add this planned program element to the CSO Professional Services Agreement with Brown and Caldwell in an amount not to exceed $47,000, and to make minor modifications to the agreement, as necessary Motion carried 6 -1, with Mania voting in opposition. 3 Combined Sewer Overflow (CSO) Phase I (Project 06 -01) Section 106 Archaeological Memorandum of Agreement Community and Economic Development Director West introduced City Archaeologist Beery Councilmember Bruch recused herself from the agenda item due to her employment with the Lower Elwha Klallam Tribe, and left the Council Chambers. 3 7050 7051 CITY COUNCIL MEETING January 24, 2012 OTHER Archaeologist Beery stated the Combined Sewer Overflow Project was required to CONSIDERATIONS. meet conditions of the National Historic Preservation Act (NHPA) as part of the (Cont'd) delegation of funds through the Clean Water State Revolving Fund (CWSRF), Washington State Department of Ecology (DOE), and the Environmental Protection Agency (EPA). He described his drafting of the Memorandum of Agreement (MOA), including the stipulations set forth, the archaeological work plan, and listed the parties included in the MOA as the City of Port Angeles, DOE, The Lower Elwha Klallam Tribe (LEKT), the Washington Department of Archaeology and Historic Preservation and the EPA. He also stated the LEKT had already signed the agreement and once Council approved and signed the agreement, it would be forwarded on to the rest of the parties. Council discussion followed. Director West commended Archaeologist Beery for assisting in the drafting of an excellent Memorandum of Agreement and drafting a superior Archaeological Work Plan. He stated the EPA is planning on using the MOA as a model for future agreements. It was moved by Di Guilio and seconded by Nelson to: Approve and authorize the Mayor to sign the CSO Phase 1 (Project 06 -01) Section 106 - Memorandum of Agreement. Motion carried 6-0, with Bruch abstaining from the vote. 4. 2013 Low - Interest Loan Application for Concrete Cylinder Pipe Replacement, Project WT02 -2009 Councilmember Bruch joined the Council meeting again. Manager Neal stated staff was seeking Council approval to complete applications for Drinking Water and Public Trust Fund Low - Interest Loans for the replacement of the main drinking water line. She stated the pipe was from the 1950's and was at risk for catastrophic failure in sections. She described the planned construction phases, stating these funds would be for Phase II in 2014 Council discussion followed. It was moved by Downie and seconded by Bruch to: Authorize staff to submit loan applications for the second phase of construction of the Concrete Cylinder Pipe Replacement Project, number WT02 -2009, through the DW -SRF and PWTF low- interest loan programs. Council discussion followed. Motion carried 7 -0. 5. Landfill Post - Closure Professional Services Agreement / Contract Extension Director Cutler introduced Engineering Manager Neal and Stormwater Engineer Partch, who provided a brief summary on the proposed extension to the Landfill Post- Closure Professional Services Agreement, stating the extension would provide additional assistance for the next two years and fund a required macro -algae study Council discussion followed. 4 • • • • CITY COUNCIL MEETING January 24, 2012 OTHER It was moved by Nelson and seconded by Mania to: CONSIDERATIONS: (Cont'd) Approve and authorize the City Manager to sign a two year extension to the Professional Services Agreement with Aspect Consulting for landfill engineering services in an amount not to exceed $189,117 72, and to make minor modifications to the agreement as necessary Motion carried 7 -0. 6. City Council Assignments to Boards, Commissions & Committees — Approve Appointments Manager Myers stated the appointments were determined at the City Council Retreat on January 21, 2012. Council considered and agreed upon revisions to the previously determined appointments. It was moved by Downie and seconded by Collins to: Approve the assignments as amended; Appoint Mayor Kidd as the Port Angeles Forward Committee Chair; and confirm the Mayor of Sequim as appointed to the Disability Board Committee. Motion carried 7 -0. 7 FEMA Lawsuit Attorney Bloor submitted a proposal to Council to consider whether or not the City of Port Angeles should join with other Washington State cities to intervene in a lawsuit between the National Wildlife Federation (NWF) and the Federal Emergency Management Agency (FEMA), regarding endangered species and flood plain development. Attorney Bloor provided a detailed history regarding the lawsuits brought against FEMA by NWF, and explained the recent lawsuit could prohibit cities from developing in flood plain areas until the lawsuit was finalized. He stated the Association of Washington Cities (A WC) brought forth the idea for Washington State cities to consider intervening in the lawsuit because of the lack of representation and because of regulations already required by the state and local level to protect endangered species considered in this lawsuit. Attorney Bloor stated a group of Washington State cities had recently decided to file a motion to intervene in the lawsuit. On January 23, 2012, the group notified the City that the deadline to join the group was midnight, Thursday, January 26, 2012. He stated the initial commitment, through intervention, has a one - thousand dollar budget limit, and if Council approved the agreement and the cities were allowed to intervene in the lawsuit, staff would bring back all future decisions regarding participation in the lawsuit back to Council before any more funds were budgeted or spent. Council discussion followed. Director West provided a summary regarding all of the current regulations and permits required before development can take place on the waterfront or other flood plain areas. 5 7052 7053 CITY COUNCIL MEETING January 24, 2012 OTHER Fire Chief McKeen stated the lawsuit could potentially affect FEMA funding that is CONSIDERATIONS: used for disaster relief, such as repair to the Olympic Discovery Trail. Council (Cont'd) discussion followed. FINANCE: It was moved by Downie and seconded by Mania to: Authorize the City Manager to enter into agreements with other cities seeking to intervene in the lawsuit. Council discussion followed. Motion carried 7 -0. 1 Economic Development Council — 2012 Contract Mayor Kidd welcomed Linda Rotmark, Executive Director of the Economic Development Council (EDC). Director West stated the EDC worked hard to streamline contracts as part of their attempt to minimize State budget cuts to their programs. He explained the agreement before Council was a one -year contract, and was identical to agreements received by other participants for efficiency purposes. Linda Rotmark provided a brief summary of the EDC's challenges, accomplishments and thanked the City Council for their continued support. Council discussion followed. It was moved by Collins and seconded by Nelson to: Approve and authorize the City Manager to sign the contract, and to make minor modifications, as necessary Council discussion followed. Motion carried 7 -0. INFORMATION: Manager Myers spoke regarding the reports in the packet, the upcoming AWC legislative conference, the February 15, 2012, special meeting of the Parks, Recreation & Beautification Commission regarding the Lincoln Park Master Plan, and the recent storm damage. EXECUTIVE SESSION: None. ADJOURNMENT: Mayor Kidd adjourned the meeting at 8:30 p.m. �� I Cherie Kidd, Mayor 6 Jane sa Hurd, City Clerk