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HomeMy WebLinkAboutMinutes 01/17/1995 2952 CITY COUNCIL MEETING Port Angeles, Washington January 17, 1995 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:36 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, McKeown, Ostrowski, and Schueler. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, S. Ilk, J. Pittis, Y. Ziomkowski, M. Campbell, B. Coons, B. Becket, K. Ridout, G. Kenworthy, L. Bryant, K. Maike, G. DeVine, and S. Hursh. Public Present: D. Schneider. ADJOURN TO The meeting adjourned to Executive Session at 6:36 p.m. to discuss litigation and EXECUTIVE SESSION: labor negotiations for approximately one-half hour. RETURN TO OPEN The. meeting returned to open session at 7:07 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:15 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Boy Scout Troop 1191 Eagle ALLEGIANCE: Scouts, Joyce Robinson, Leader. Those participating included: C. Robinson, M. Barrett, J. Wolfley, and C. Sidwell. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: January 3, 1995. Councilman Braun seconded the motion. Councilman Schueler noted that on the top of Page 6, Councilmember McKeown's name was omitted as the maker of the motion. A vote was taken on the motion, which carried unanimously. CEREMONIAL 1. Proclamation Recognizing Eagle Scout Rating MATTERS/ PROCLAMATIONS: Mayor Sargent read a proclamation recognizing the attainment of an Eagle Scout rating by Clifton Robinson, Matthew Barrett, Jeff Wolfley, and Cristopher Sidwell. Recognizing Attainment Councilman Ostrowski asked the parents of these young men to stand and be of Eagle Scout Rating congratulated also. CITY COUNCIL Councilmembers Ostrowski and Hulett had no report. COMMITTEE REPORTS: Councilmember McKeown attended school concurrency and UAC meetings. Councilman Do~/le had nothing to report. Councilman Braun attended a UAC meeting and met with Bart Phillips of the Economic Development Council to discuss an article that had appeared in the "Business Journal". Councilman Braun attended a Clallam County Transit and Maintenance Committee meeting. Councilman Schueler attended a Clallam County Community Network meeting, at which time by-laws were passed. Mayor Sargent attended the Governor's Prayer Breakfast. The majority of the legislature was present. -1- 2953 CITY COUNCIL MEETING January 17, 1995 FINANCE: I. Consideration of Bids for Improvements to $outhwood Watermains, Two Sewer Repairs and Waterline to Compost Facility Bids for Improvements to Southwood Watermains Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Braun moved to accept the bid from Island Construction, Inc., for construction of the Utility Improvement in the amount of $264,326.89 and authorize the Mayor to execute the construction contract. Councilman Hulett seconded the motion. Councilmember McKeown questioned the discrepancy between the amount of the bids and the amount projected by the City Engineer. City Engineer Kenworthy explained that he had shared the same concern, but the bids were closely examined, as were the references, and the City is satisfied that Island Construction, Inc. is qualified to do the job. After further discussion, a vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Request to call for bids for 1995 equipment replacement list; (2) Out-of-state travel for John Hicks/Parks & Recreation Department; (3) Out-of-state travel for Lynne Bryant/Finance Department; (4) Voucher list for January 13, 1995 - $568,410.63; and (5) Payroll of January 1, 1995 - $333,084.43. Councilmember McKeown seconded the motion. Councilman Ostrowski addressed Item/13 and stated that Lynne Bryant has always done an excellent job in getting payroll out on schedule. Her job is very important and difficult, and it is extremely important that Lynne keep current with the ever-changing laws regarding payroll taxes. Councilman Ostrowski felt the City should pay for Lynne's airfare for this conference, as well as meals and lodging. A brief discussion followed, and Councilman Ostrowski moved to amend the motion to include air fare for Lynne Bryant Bryant's out-of-state travel. Councilmember McKeown seconded the motion. A vote was taken on the amendment, which carried unanimously. Further discussion followed on other aspects of the Consent Agenda, after which time a vote was taken on the main motion, as amended, which carried unanimously. ITEMS FROM THE Mayor Sargent indicated that Item E.2. was being removed from the agenda; she AUDIENCE/COUNCIL/ added as Item E. 11. the matter of a pre-annexation agreement between the City and STAFF TO BE Wal-Mart Stores. CONSIDERED OR PLACED ON A Manager Pomeranz asked that Item E. 1. be removed from agenda, which was agreed FUTURE AGENDA: to by the Council. The hotel/motel tax will be addressed at the next Council meeting. LEGISLATION: A. PubNc Hearings None. Amendment to Title 14 B. Ordinances Not Requiring a Public Hearing Construction Codes - Ordinance No. 2855 1. Adopt Changes to Port Angeles Municipal Code Title 14 Construction Codes Mayor Sargent reviewed the information provided by the Light Department and read the Ordinance by title, entitled ORDINANCE NO. 2855 AN ORDINANCE of the City of Port Angeles revising the City's electrical regulations and amending Ordinance No. 2552, as amended, and Chapters 14.01 and 14.05 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the OrdinanCe as'read by title. Councilmember McKeown seconded the motion. Councilman Schueler stated that Joe Michalczik, the industrial representative to the UAC, had expressed some reservations over the adoption of this Ordinance. City Light Director Titus informed the Council that he had talked to Mr. Michalczik to inform him that this item was on the agenda this evening. After some discussion, Mr. Michalczik felt comfortable with these changes. After further discussion, a vote was taken on the motion, which carried unanimously. C. Resolutions Not Requiring Public Hearings None. -2- 2954 CITY COUNCIL MEETING January 17, 1995 LEGISLATION: D. Planning Commission Minutes/Action Items (Cont'd) None Planning Commission Minutes/Action Items Hotel/Motel Tax E. Other Considerations 1. Hotel/Motel 2% Tax Increase Deferred to the next meeting. Extension of Old City Hall 2. Extension of Old City Hall Earnest Money Agreement Earnest Money Agreement Removed from the agenda. Contract with Brown and 3. Contract with Brown and Caldwell for Engineering Services on Outfall Caldwell for Engineering Extension Study, Compost Facility, $ilvaculture Planning and Plan Services Operation and Permit Assistance Mayor Sargent reviewed the information provided by the Public Works Department. Manager Pomeranz advised the Council that there were a number of unresolved issues relating to the completion of the secondary wastewater treatment plant. Brown and Caldwell were the Engineers on that project. Staff is attempting to resolve the largest issue with Brown and Caldwell and the contractor, and it is expected that this will be completed shortly. Brown and Caldwell has expressed a willingness to work with the City by covering fifty percent of the settlement with the contractor, to a maximum of $47,500. Also, Brown and Caldwell will pay the City's legal costs incurred thus far. He asked that the Council authorize this contract pending completion of negotiations. Councilman Doyle moved to authorize the Mayor to execute the contract with Brown and Caldwell to provide wastewater related engineering support services in the amount of $296,411.70, provided the outstanding dispute between Brown and Caldwell, Pease and Sous, and the City of Port Angeles is resolved prior to iustituting the contract. Councilman Schueler seconded the motion, which carried unanimously. Contract with Entranco 4. Contract with Entranco Engineers to Perform City-wide Transportation Engineers Study Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowski moved to authorize the Mayor to sign an agreement with Entranco Engineering, Inc., in an amount not to exceed $80,000, to provide engineering and planning services for a city-wide transportation study. Councilman Braun seconded the motion. Councilman Schueler requested an explanation of ISTEA funding related to this item, which was provided by Public Works Director Pittis. A vote was taken on the motion, which carried unanimously. Request for Real Estate 5. Request to Set Real Estate Committee Meeting Committee Meeting A Real Estate Committee meeting was set for Tuesday, January 31, 1995, at 3:00 p.m. Expiration of Terms on 6. Expiration of Terms on Boards and Commissions Boards and Commissions Mayor Sargent reviewed the information provided by the City Clerk. Councilman Schueler moved to reappoint Orville Campbell and Cindy Souders to the Planning Commission with terms to expire as of 3/1/99; Chuck Turner to the Board of Adjustment with a term expiring 3/1/99; Ellie McCormick to the Civil Service Commission with a term expiring 3/1/99; Nancy Martin to the Parks & Recreation Committee with a term expiring 3/1/99; and Marjorie McDonald, Douglas Redgrave and Lawrence Starr to the Parks & Recreation Commission with terms expiring 3/1/98, and further moved to direct staff to -3- 2955 CITY COUNCIL MEETING January 17, 1995 LEGISLATION: advertise the vacancy on the Parks & Recreation Commission via news releases (Cont'd) and the City newsletter. Councilman ltulett seconded the motion. Councilman Doyle requested that this item be postponed to the next meeting in order to give the Expiration of Terms on public an opportunity to comment on the appointments and to give new Council Boards and Commissions members the opportunity to speak to staff regarding the appointees. Mayor Sargent (Cont'd) reminded the Council that there will be a reception held in February to thank the Boards and Commissions members for their service to the City. Councilman Schueler stated that he chose to not change his motion. Councilmember McKeown also wished to wait on this issue to give people a chance to address it. Mayor Sargent reminded the Council that these people have already served a four-year term; had 'someone wished to make a negative comment, there was ample opportunity to do so. At Councilman Ostrowski's request~ Clerk Upton explained the terms of office for the boards and commissions. After further discussion, Mayor Sargent read aloud from a letter by Susan Feiro, which praised the members of the Planning Commission. A vote was taken on the motion, which carried by a majority vote, with Mayor Sargent and Councilmembers Hulett, Braun, and Schueler voting in favor and Councilmembers Ostrowski, McKeown, and Doyle voting in opposition. Conservation Flexibility 7. Authorize City Light Director to Sign Conservation Flexibility Contract with Contract the Bonneville Power Administration Mayor Sargent reviewed the information provided by the Light Department. Councilman Braun, as a member of the Utility Advisory Committee, advised the Council that he had received a call from Mr. Bill Rowland, who was present in the audience, as well as several other people who asked to address this issue. Councilman Braun felt it would behoove the Council to listen to the input these individuals had to offer. Bill Rowland, a representative of North Coast Glass, stated that the Light Department memo didn't give any real information on this issue. Local contractors received a letter from Ken Maike, Conservation Manager, explaining that this would be the last year that Bonneville would be sponsoring this weatherization program, and that the City would try to make the money last for three years. Mr. Rowland stated that contractors would prefer using the funding as usual for this year and not try to stretch it out. Mayor Sargent pointed out that Mr.I Rowland was referring to the next item on the agenda, and in deference to Mr. Rowland, she proceeded to the next item on the agenda. City Light Conservation 8.' Request to Modify City Light Conservation Programs Programs Mayor Sargent reviewed the information provided by the Light Department. In an effort to clarify the issue, Light Director Titus stated that Bonneville has indicated that centralized conservation programs will end this year. He explained the funding for these programs and noted that in October, 1995, Bonneville will set new rates, which will not include conservation funding: Utilities will still be expected to achieve the same conservation savings, but they will have to provide their own funding. Under the old contract with Bonneville, any funding for the conservation program not utilized within the funded year reverted back to the BPA. The new contract, which the Council is being asked to approve, allows the utility to retain unspent money for use over the next four years. It will replace the existing contracts for individual conservation programs and give the City the flexibility to move the money back and forth between the programs, which was not possible under the Old agreements. Director Titus offered to have Conservation Manager Maike or Weatherization Analyst DeVine answer any questions the Council may have. Mr. Rowland stated that he has been satisfied working with the weatherization program for the last eight years, and has no desire to offend anyone. His only concern is keeping his employees working this year. Mayor Sargent thanked Mr. Rowland, then returned to item E. 7. Conservation Flexibility 7. Authorize City Light Director to Sign Conservation Flexibility Contract with Contract the Bonneville Power Administration Councilman Braun moved to authorize the City Light Director to sign the BPA Conservation Resource Acquisition Agreement. Councilmember McKeown -4- 2956 CITY COUNCIL MEETING January 17, 1995 LEGISLATION: seconded the motion, which carried unanimously. (Cont'd) City Light Conservation 8. Request to Modify City Light Conservation Programs Programs · Director Titus explained that if the Council agreed to enter into the contract with. Bonneville, 1995 would be a transition year, and programs could be retained much the same as during the past three years. However, when the money was depleted, there would have to be drastic changes in the program. Director Titus had requested that his Staff come up with recommendations for making the transition from a fully funded Bonneville program to program funded through customer rates. The same amount of energy must be saved, regardless of where the funding comes from. Director Titus then went on to explain how he and his staff hope to maintain conservation levels. It is the wish of the Light Department to keep Mr. Rowland and other contractors just as busy as they have been. He reminded everyone that even after this last funding from Bonneville is gone, conservation programs must remain ongoing. Discussion followed, and Conservation Manager Maike explained what types of changes/improvements are made in homes in the weatherization program and how much it generally costs to perform these renovations. Manager Maike also explained why the Light Department is looking to get back into the "loan business" when just recently they asked the Council to approve them getting out of the "loan business". If the City does not accept this money from Bonneville to be used for weatherization grants and loans, it will not get the money at all. The City will then have to raise this money for conservation programs through rate increases. Bill Long, 135 Ahlvers Road, has been involved in weatherization in the past, and he expressed concern that the new proposal by City Light falls short at $100 per measure. A three measure house would only get $300; if the bill is $3000 the homeowner is only getting $.10 on the $1.00 back. Mr. Long felt this meant too much money is going to be spent on administrative costs and not enough on weatherization loans and grants. Councilman Braun noted that when this issue was discussed at a Utility Advisory Committee meeting, no one addressed these concerns. Therefore, Councilman Braun moved to refer this item back to the UAC for further discussion to address the issues raised by Mr. Rowland and Mr. Long. Councilmember McKeown seconded the motion. Discussion followed, and Councilman Braun advised those present that the next UAC meeting will be held on February 13, 1995. Terry McCartney, owner of Everwarm Hearth and Home, has been in the weatherization business for 18 years. The ultimate goal is to save kilowatt hours, and people are getting caught up in the weatherwise portion only. There is much more to the issue. Mr. McCartney felt that more homes could be weatherized and more money saved if it were spread out. Customers need more incentive to weatherize than $100 per measure. He offered alternatives and stated that this program has been very good to people in the weatherization business. If after three months, the new incentive program is not working, it should be changed. Director Titus stated that staff is hoping to retain as much of the $1.2 million from Bonneville for a loan program that can be used multiple times. Mayor Sargent stated that next UAC meeting was February 13, 1995, at 4:30 p.m., at City Hall, and she invited interested parties to attend. After further discussion, a vote was taken on the motion, which carried unanimously. Break Mayor Sargent recessed the meeting for a break at 9:25 p.m. The meeting reconvened at 9:44 p.m. Certification of Tax Levy 9. Certification of Property Tax Levy Mayor Sargent reviewed the information provided by the Finance Department. Councilman Doyle moved to establish the following levies: Rate per $1,000 General Levy $2,446,051 $2.93 1978 GO Bond ( City Pier) 168,205 0.21 1991 GO Bond (Senior Community Center) 222,345 0.28 1993 GO Bond (Fire Station) 168,493 0.21 Total City Levies $3,005,094 $3.63 -5~' 2957 CITY COUNCIL MEETING January 17, 1995 LEGISLATION: Councilman Braun seconded the motion, which carried unanimously. (Cont'd) Contract with Papendrew I0. Contract with Papendrew & Co., CPS PS for Accounting Services & Co. for Accounting Services Mayor Sargent reviewed the information provided by the Finance Department. Councilman Ostrowski moved to authorize the Mayor to sign the contract. Councilman Hulett seconded the motion. A brief discussion followed, after which a vote was taken on the motion, which carried unanimously. Pre-Annexation I1. Pre-annexation Agreement Agreement Mayor Sargent noted that this proposed agreement with Wal-Mart is particularly important in view of the fact the proposed development is within the City's UGA, plus the fact the City will be providing water to the site. Manager Pomeranz reviewed the details of the pre-annexation agreement, noting that it provides security to the developer and assures the provision of City water through the P.U.D.. Further, the agreement assures the City that, when the time is proper, Wal-Mart will annex into the City limits. This is the first agreement of this type that the City will be entering into, and Mayor Sargent explained that this was a negotiated agreement between the City and the Developer. Manager Pomeranz acknowledged the efforts of staff in getting the agreement completed in such a short time. He acknowledged Craig Knutson, Jack Pittis, and Brad Collins. Councilman Doyle expressed appreciation to Manager Pomeranz in this endeavor as well. A discussion followed, and at Councilman Schueler's request, Planning Director Collins explained how this project fit in with the UGA and the comPrehensive Plan. Councilman Hulett moved to approve the agreement and authorize the Mayor to sign the agreement. The motion was seconded by Councilman Doyle. Attorney Knutson noted one change that will need to be made to the agreement. Through various drafts of the agreement, there is a discrepancy between when the referenced 18-month period actually takes place. The language would be written such that it would be agreed that it would be at least 18 months after the project is constructed but no later than three years after the agreement is signed. There may be a few other minor wording changes that we may need to make. Councilman Ostrowski moved to amend the motion to include what Attorney Knutson just said. Councilman Hulett seconded the motion. Councilman Schueler inquired if other changes can be made if needed. Attorney Knutson asked that the Council authorize the Mayor to sign the agreement in substantially the same form that it is in. There may be a few minor wording changes but nothing that would deviate from the Council's intent. Mayor Sargent acknowledged Attorney Knutson's request. A vote was taken on the amendment, which carried by a majority vote, with Councilman SchUeler voting in opposition. A vote was taken on the main motion, as amended, which carried unanimously. Councilmember McKeown reminded the Council of the mini-park near the railroad trestle of the Waterfront Trail in honor of Frances Brodhun. This park was funded through contributions made to her memorial. ADJOURNMENT: The meeting was adjourned at 10:05 p.m. Clerk -6-