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HomeMy WebLinkAboutMinutes 01/06/2009 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: WORK SESSION: Combined Sewer Overflow (CSO) Project Update and Presentation e 6380 CITY COUNCIL MEETING Port Angeles, Washington January 6, 2009 Deputy Mayor Wharton called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: Mayor Braun. Staff Present: Interim Manager Osterman, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, S. Sperr, and T. Pierce. Public Present: O. & P. Campbell and P. Lamoureux. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Di Guilio, followed by a moment of silence regarding the tragic death of a newborn baby boy this past week. Norma Turner, 3928 Mt. Angeles Road, expressed appreciation for being provided a written response to previous questions raised. In light of a tight budget, Ms. Turner questioned the need for City representatives to travel to Florida to meet with Rayonier. She proposed that Council and staff seek the use of other technology for this exchange. Darlene Schanfald, P. O. Box 2664, Sequim, Olympic Environmental Council, referenced an e-mail she sent to the Council earlier in the day regarding CSOs. She echoed Ms. Turner's comments regarding the trip to Florida, and she suggested there are alternatives to the acquisition of the Rayonier tank. Paul Lamoureux, 602 Whidby, thanked Jerry Osterman for his service to the City as Interim City Manager. He addressed the matter ofCSOs, urging the City to negotiate an extension of time, as well as financial assistance in view of the unfunded mandate. I. Combined Sewer Overflow (CSO) Project Update and Presentation: Public Works & Utilities Director Cutler prefaced the update for the Combined Sewer Overflow (CSO) Project by noting that Port Angeles is not the only city in the State involved in CSOs. There are other cities that are also impacted by this Federal legislation that is administered by the Department of Ecology. He provided the history of the CSO discussion since 1990, indicating the issue has been addressed with DOE via the NPDES Permit. The City has looked at various options, prices, and studies and has attempted to identify a preferred solution in view of the costs. The City has continued its dialogue with DOE through the Agreed Order process by looking at alternatives and requesting grant and loan funding. To date, the City has not received grant funding but has identified loans that must ultimately be paid back. As of this date, funding is still short, and it will involve the participation of many agencies to solve the problem. All components must be identified, and the project must be complete by 2015. qty Engineer Sperr indicated that, over the years, there have been over fifteen memos - 1 - I 6381 CITY COUNCIL MEETING January 6, 2009 WORK SESSION: Combined Sewer Overflow (CSO) Project Update and Presentation (Cont'd) '.' i submitted to the Council, showing the amount of effort that has gone into the CSO.plan. In addition, a great deal has been happening at the design level. Using PowerPoint slides to provide the CSO program update, Engineer Sperr discussed the typical volume in the sanitary sewer system, as well as stormwater events that run into the sanitary sewer system, to include drainage from rooftops, driveways, and the like. He summarized the increase in volume during a stormwater event and showed a map of four remaining CSO outfall/overflow locations. There are 30 - 100 events per year, and each can be 10 gallons to 12 million gallons per event and can range from a duration of 5 minutes to multiple overflows in 1 Y2 days. Engineer Sperr advised the Council that there is public education notification, with signs at each location, and there are notifications to various agencies at the beginning and end of each event. There is also annual notification to the utility , customers. e Engineer Sperr summarized the regulatory background under the Clean Water Act, RCWs, and WACs, which is the framework for DOE to assure the wastewater treatment plant follows NPDES regulations reo CSOs. He noted the State has more stringent regulations in terms of events allowed, so the City is allowed one event per year per outfall, on average, by 2015. There is a requirement to update the CSO Reduction Plan, and the Agreed Order that was negotiated set out a time frame, and if not met, the potential penalty is $10,000 per day. Director Cutler added that DOE would not agree to a date beyond 2015. However, iffunding proves not to be available, then the date can be revisited. Engineer Sperrreviewed the two options available to deal with CSOs: 1.) Disconnect sources of stormwater "inflows" into the sewer system or 2.) Increase the capacity of the sewer collection system and convey to the wastewater treatment plant or the CSO outfalls, both of which he discussed in detail. With regard to Option 1, he discussed the Disconnection Pilot Project of200 1-03, the estimated cost of disconnection at $35-50 million plus cost for necessary stormwater improvements, as well as work that would be phased over many years but would still require additional CSO capacity improvements. Regarding Option 2, Engineer Sperr discussed the fact that this option may include the need for storage upstream of the wastewater treatment plant and/or a wet weather treatment plant at an estimated cost of$32-$42 million. He indicated this option could be complete by 2015 with minimal stormwater improvements necessary and is, therefore, the preferred alternative. Attention was then directed to the projects involved, and Engineer Sperr reviewed the Phase 1 projects at a total cost of $16.9 million, plus $5 million for planning and design. He showed a map depicting the proposed placement of the pipe that would transport stormwater to the treatment plant, and Director Cutler showed how the placement had changes from previous discussions. He added that the plans were presented to Tribal Chair Frances Charles. Brief discussion ensued, and Director Cutler responded to a question as to constraints on the size ofthe tank and the potential need to acquire another tank. Director Cutler discussed alternative placement sites, such as the Francis Street Park as a fallback position. Engineer Sperr discussed Phase I funding, as well as Public Works Trust Fund loans, noting there is still a need for an additional $5-10 million more. Design must be complete in order to obtain approval on a construction loan. Another funding option is bonding as outlined by Director Cutler, but the interest would be higher. Engineer Sperr reviewed the fee structure for the stormwater utility, and Director Cutler summarized the rates which will continue for the next 12-15 years. Engineer Sperr discussed the Phase 2 projects at a total cost of$22 million. He added that Phase I design is stalled, permitting needs to be completed, and Rayonier has not authorized permanent use nor onsite access. Mr. Sperr reviewed project milestones in terms of access to Rayonier property. There are 10-12 months to complete the design, and work must restart by April 1 st. State Revolving Funds will be available the summer of20 11. Engineer Sperr reviewed the delay issues, to include the design having been on hold. The terms ofthe Agreed Order have not been met, and the City has been unable to obtain additional loan funding. Director Cutler indicated the City needs access to the property before the design can be completed, and the City must go to DOE by August, e - 2 - WORK SESSION: - Combined Sewer Overflow (CSO) Project Update and Presentation (Cont' d) PUBLIC CEREMONIES/ PRESENT A nONS: - Recognition ofInterim City Manager Jerry Osterman Break CITY COUNCIL MEETING January 6,2009 6382 2010, and then submit a loan application by October, 2010. If the process isn't started by April 1, 2009, then another year might elapse. He emphasized the importance of having an agreement with Rayonier before moving forward. Engineer Speri itemized the various agencies with whom the City has relationships regarding the project, and he discussed talks that have taken place with Rayonier regarding acquisition of the tank. He discussed in detail the various options open to the City, to include avoiding the Rayonier property, revisiting acquisition of the tank with more active discussions, or perhaps proceeding with an eminent domain action. He discussed other options if the City avoids Rayonier, the impact and cost of roof drain disconnection, storage and treatment of CSOs at another location, the possible siting of a new outfall downtown or at Francis Street Park, and re-routing the force mains from Pump Station 4. He also discussed the option of gaining access to the Rayonier property, with Lower Elwha Tribal support and Rayonier support, or an eminent domain action. It is important to demonstrate to Rayonier that CSO efforts are not detrimental to property redevelopment and may be beneficial to both parties. A second option would be to enter into a purchase and sale agreement with Rayonier. Mr. Sperr advised the Council that the recommendation is to pursue Option 2, which he summarized in detail. DireCtor Cutler asked that Council consider appointment of the Council members of the UAC to an ad hoc committee to travel with staff to the Rayonier headquarters in Georgia to negotiate access to the property and acquisition of the tank. Discussion followed regarding possible disconnection, the need to focus on larger events, the possibility of addressing stormwater on-site by some residents and businesses, and projections for drainage into the sanitary sewer. It was noted there is existing infrastructure on the Rayonier site that must be inspected and determined to be in good condition.. Director Cutler provided information on the scheduled meeting in Florida on January 15th to meet with Rayonier representatives. It is anticipated that Attorney Bloor, Community & Economic Development Director West, Director Cutler, and three Council representatives serving on the Utility Advisory Committee will make the trip. Councilmember Rogers moved to approve Option 2, Steps 1 - 4, as presented. The motion was seconded by Councilmember Di Guilio and carried unanimously. As a member of the UAC, Councilmember Rogers indicate.<l she had made other plans and could not take the trip. Councilmember Perry moved that Deputy Mayor Wharton and Councilmember Di Guilio be the Council representatives to take the trip to Florida. Councilmember Kidd seconded the motion, which carried unanimously. Discussion followed with regard to a representative of the Port Angeles HarborWorks Development Authority joining the delegation. Orville Campbell, President of the HarborWorks Development Authority, 820 Milwaukee Drive, stated the HarborWorks Board will discuss the matter at its Board meeting tomorrow. Those who heard the presentation felt the City would be successful in getting a lease under reasonable terms, which will set the stage for HarborW orks to begin negotiations that would lead to the due diligence phase of property acquisition or control. The Board should have a presence at the negotiations to fully understand what has transpired. Mr. Campbell felt that the PDA Board should have a role in this to support the City's position and to offer Rayonier assurances they plan to proceed with negotiations around the Memorandum of Understanding. Individual Councilmembers spoke in support of Mr. Campbell joining the delegation traveling to Florida. 1. Recognition of Interim City Manager Jerry Osterman: . . Interim Manager Osterman was qonored by the Council for his' service to the City. DeputyMayor Wharton and Councilmember.Kidd presented Mr. Osterman with various gifts to remember Port Angeles and to enjoy with his motorcycle. Everyone was invited to join in refreshments in honor ofMr. Osterman. Deputy Mayor - 3 - I 6383 CITY COUNCIL MEETING January 6, 2009 PUBLIC HEARINGS ~ QUASI-JUDICIAL: Campbell Avenue Planned Residential Development Phase I Final Approval The Reserve at Valley Creek Planned Residential Development and Subdivision Phase I Final Approval PUBLIC HEARINGS - OTHER: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Treatment Plant Operations and Maintenance Fund Ordinance Revision Ordinance No. 3355 Emergency Alarm Ordinance Ordinance No. 3356 Wharton recessed the meeting for a break at 7:53 p.m. The meeting reconvened at 8: 13 p.m. J. e Campbell Avenue Planned Residential Development Phase I Final Approval: Community & Economic Development Director West explained that, on December 4, 2008, the applicant submitted an application for final approval of the Phase I Campbell Avenue Planned Residential Development. Then, on December 31,2008, the Department received notice from the applicant requesting that the matter be continued to the January 20,2009, City Council meeting. The Deputy Mayor inquired as to whether anyone in the audience would be unable to attend the public hearing ifit were continued to January 20. No one responded in the affirmative. Councilmember Williams moved to continue the matter to the January 20, 2009, City Council meeting. Councilmember Kidd seconded the motion, which carried unanimously. 2. The Reserve at Valley CreekPlanned Residential Development and Subdivision Phase I Final Approval: Director West informed the Council that, on December 8, 2008, the applicant submitted an application for final approval of the Reserve at Valley Creek Planned Residential Development. On December 24, 2008, the applicant submitted a notice requesting that the matter be continued to the February 3, 2009, City Council meeting. Deputy Mayor Wharton asked if anyone in the audience would be unable to attend the public hearing if it were continued to February 3. No one responded in the affirmative. Councilmember Williams moved to continue the matter to the City Council meeting of February 3, 2009. The motion was seconded by Councilmember Perry and carried unanimously. None. Councilmember Kidd asked that Consent Agenda Item K.4., Settlement of Lien for Abatement of Harbor Tavern (Voang), be considered separately. It was moved to Other Considerations as Agenda Item G.l. J. Treatment Plant Operations and Maintenance Fund Ordinance Revision: Director Cutler advised the Council that the language in the Ordinance had been revised since the last meeting, and it restricts the use of funds to operations and maintenance activities for the Port Angeles Water Treatment Plan and the Ranney Well systems. Deputy Mayor Wharton conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3355 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 3.42 of the Port Angeles Municipal Code relating to Public Works and Utilities Department Treatment Plant Operating and Maintenance Fund. Councilmember Perry moved to adopt the Ordinance as read by title. Councilmember Kidd seconded the motion, which carried unanimously. 2. Emergency Alarm Ordinance: Police Chief Gallagher indicated the Emergency Alarm Ordinance would be a valuable tool for law enforcement. Officer Duane Benedict's recent column in the PADA newsletter included information relative to the proposed regulations. Chief Gallagher added that the Police Department will engage in an educational process before e - 4 - 'e Emergency Alarm Ordinance Ordinance No. 3356 (Cont'd) RESOLUTIONS: OTHER CONSIDERATIONS: Settlement of Lien for Abatement of Harbor Tavern (Voang) FINANCE: Electrical Cost of Service Agreement Amendment No.2 CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: e INFORMATION: CITY COUNCIL MEETING January 6, 2009 6384 commencing enforcement. Deputy Mayor Wharton conducted a second reading of the Ordinance by title, entitled ORDINANCE NO: 3356 AN ORDINANCE of the City of Port Angeles, Washington, regulating emergency alarms, establishing fees for monitoring emergency alarms, and adding a new Chapter 9.50 to the Port Angeles Municipal Code. Councilmember Di Guilio moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Perry and carried unanimously. None. 1. Settlement of Lien for Abatement of Harbor Tavern (Voang): Manager Osterman and Attorney Bloor provided background information regarding the settlement of the lien for the abatement ofthe Harbor Tavern. The lien was filed in 2000 as relates to condemnation proceedings of Clallam Transit in conjunction with the Gateway Project. There is now money available from the sale of the property, but there was no provision for the payment of interest. The matter went before a Judge, who det~rrnined that interest should not be paid on the ,lien. The owner wishes to obtain possession of the funds paid into the Court by Transit, and the owner must first agree that all liens and encumbrances be paid. Following brief discussion, Councilmember Perry moved to accept the tendered payment as satisfaction in full.' The motion was seconded by CouncilmemberDi Guilio and carried unanimously. 1. Electrical Cost of Service Agreement Amendment No.2: Director Cutler reminded the Council that consultant servIces have been engaged every three years to assess and evaluate the cost of services and rates for each City utility. He proposed the City continue using FCS to conduct a cost of service study for the electric utilitY for 2009. Councilmeinber Rogers moved to authorize the Mayor to sign an amendment to the Agreement with FCS Group for financial services in an amount not t~ exceed $39,955, which includes Tasks 8-14 of the proposed scope of work. Councilmt)mber, Perry seconded the motion, which carried unanimously'. Council~ember Di Guilio moved to accept the Consent Agenda, to include: 1.) City Council Special Meeting Minutes of December 9 and City Council Meeting Minutes of December 16, 2008; 2.) Expenditure Approval List from 12/6/08 to 12/26/08 for $3,561,~59.27; and 3.) Humane Society Agreement Extension to March 31, 2009. Councilmember Kidd ,seconded,' the motion, which carried 5-0, with Councilmembers Rogers abstaining due to absence from the December 16, 2008, City Council meeting. Councilmember Kidd reported on upcoming assessments and strategic planning to be led by the American Association of Architects and Gentry Architects as sponsored by the Port Angeles Forward Committee. Director West provided clarification regarding a previou's request from the Port Angeles Forward Committee to include a line item in the Capital Facilities Plan to fund a transportation study evaluating a long-term and short-term cross-town route. This was, in fact, included in the CFP. ' Chiefs Gallagher and McKeen were commended for the letter regarding skateboarding safety. , , Manager Osterman reported on the arrival of new City Manager Kent Myers. - 5 - I 6385 CITY COUNCIL MEETING January 6, 2009 ADJOURNMENT: EXECUTIVE SESSION: None. The meeting was adjourned at 8:37 p.m. ~~~. ~~ ~ Gary BraunOvfayor / - 6- e --