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HomeMy WebLinkAboutMinutes 02/17/2009 e CALL TO ORDER- SPECIAL MEETING: ROLL CALL: Interview Candidates for Planning Commission ADJOURN TO EXECUTIVE SESSION: RETURN TO OPEN SESSION: Appointment of Planning Commissioner ADJOURN SPECIAL MEETING: CALL TO ORDER - REGULAR MEETING: ROLL CALL: e no, 6402 CITY COUNCIL MEETING Port Angeles, Washington February 17,2009 Mayor Braun called the special meeting of the Port Angeles City Council to order at 5:30 p,m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, and Williams. Members Absent: Councilmemher Rogers. StafJPresent: Manager Myers, Assistant Attorney Dickson, Clerk Upton, N. West, and S. Roberds. Interview Candidates for Planning Commission: The City Council interviewed Nancy Powers and Kevin Holden to fill a current vacancy on the Planning Commission. Deputy Mayor Wharton moved to adjourn to Executive Session for approximately 5 minutes under the authority ofRCW 42.30.110(1)(g), to evaluate qualifications of applicants for public appointment. Councilmember Kidd seconded the motion, which carried unanimously. The Executive Session convened at 5:47 p.m. The Executive Session concluded at 5 :50 p.m., and the Council convened in regular open seSSlOn. Appointment of Planning Commissioner: Councilmember Di Guilio moved to appoint Nancy Powers to the membership ofthe Planning Commission for the unexpired term ending February 29, 2012. The motion was seconded by Councilmember Williams and carried unanimously. The special meeting was adjourned at 5:55 p.m. Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, and Williams. Members Absent: Councilmember Rogers. StafJPresent: Manager Myers, Assistant Attorney Dickson, Clerk Upton, G. Cutler, T. Gallagher, Y. Ziomkowski, K. Dubuc, T. Pierce, 1. Heath, S. Sperr, and L. Dunbar. Public Present: S. Buck, P. Lamoureux, and P. Battuello. All others present in the audience failed to sign the roster. - 1 - 6403 CITY COUNCIL MEETING February 17, 2009 PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: PUBLIC CEREMONIES/ PRESENT A nONS: Statement of Support for the Guard and Reserve North Olympic Library Update WORK SESSION: Council Retreat Preparations LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: The Pledge of Allegiance to the Flag was led by Councilmember Perry. There was no public comment. e 1. Siatementof Support for the Guard and Reserve: Mayor Braun read a Statement of Support for the National Guard and Reserve, a statement that was accepted by Scott Buck, Northwest Area Representative Employer Support of the Guard and Reserve. 2. North Olympic Library Update: Don Zanon, Vice President of the North Olympic Library System Board of Trustees, accessed the Library's website to aid in his presentation on the Library's Goals & Objectives, the importance of the Library's programs in the community, as well as significant changes made to Library programs since the bond was passed to construct a new facility. The Library came from the community, and Mr. Zanon thanked the Council for its support for the facility. He noted there are library branches in Clallam Bay, Forks, and- Sequim. He introduced Board Trustee Elaine Frederickson, and Paula Barnes, Director. Mr. Zanon distributed an informational brochure to the Council. Ms. Barnes indicated the Library is working on building partnerships with key organizations and agencies in the community, as it is important that everyone be made aware of Library programs. Every effort is being made to make the Library more user friendly by dropping the limit on the number of books, increasing educational and enrichment programs, and focusing on people's needs today. In view of the economic crisis, the Library is targeting ways it can be responsive to community needs. Elaine Frederickson provided background information on her involvement with the Board of Trustees. The primary objective ofthe Library is to maintain the current customer base and then expand it by building partnerships. She noted that people are turning to the Library during these difficult economic times, and the community is being involved in determining the vision for the Library in terms of what it should be, what programs can be incorporated, and how to fund those resources. She discussed a form being used to obtain input from the public, copies of which were distributed to the Council. 1. Council Retreat Preparations: Manager Myers indicated the Council was polled as to possible dates for a retreat, and the best scenario appears to be the scheduling of mini-retreats prior to the regular Council meetings. He suggested the first retreat be held on Tuesday, March 3rd, at 3:00 p.m. Discussion ensued, and the Council supported efforts to still schedule a full day for the retreat to allow for in-depth discussions. It is difficult to arrange something that is workable for all Councilmembers, so Manager Myers was given additional time to schedule the retreat, perhaps the latter part of March or early April. Councilmember Di Guilio asked for someone to attend in his stead the United Way LGIF ranking of applications that is scheduled this Thursday. He has a conflict in that his agency has two applications being considered. Councilmember Perry volunteered to attend the meeting. Councilmember Perry chose to momentarily step down from his Council position to speak on behalf of Heritage Tours and the Port Angeles Underground Preservation Heritage Foundation with regard to the possible surplus of the Trolley. He asked that an additional _ 30 days be allowed before the Trolley is declared surplus, as he would like the _ opportunity to put together a package to keep the Trolley in Port Angeles under the umbrella of the Foundation. Following discussion, Councilmember Williams moved - 2 - e LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Fund Closure Ordinance RESOLUTIONS: OTHER CONSIDERATIONS: License Agreement with Rayonier for CSO Tank e CITY COUNCIL MEETING February 17, 2009 6404 to pull the matter of the Trolley from the Consent Agenda and table it for 30 days, pending further input from the City Attorney on the process to be followed. Councilmeniber Di Guilio seconded the motion, which carried by a majority vote, with Councilmembers Kidd and Perry abstaining. 1. Fund Closure Ordinance: Finance Director Ziornkowski explained this Ordinance will formally close several City funds that are no longer being used. She responded to questions, indicating there have been no fund balances or activities in these funds for at least five years. Director Ziornkowski explained that, should future LIDs be established, a fund can be established at that time. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City Council of the City of Port Angeles, Washington, to close certain funds that are no longer used, and repealing Ordinance Nos. 256,512,534,539,802,808,852,964, Sections 1 and 2 of 1116, 1120, 1157,1158, 1203, 1551, 1626, Sections 5 and 6 of 1961,2060,2072, 2075,2094,2203,2227,2252,2421, Sections 1 and 2 of2460, 2610, 2614,2890,2859,2060,964, 1626,2874, and Sections 13 and 14 of2890, and amending Section 3 of Ordinance No. 2288. None. 1. License Agreement with Rayonier for CSO Tank: Manager Myers presented the proposed License Agreement with Rayonier for the CSO tank at an annual fee of $5,000 for three years. He reviewed various aspects of the agreement, after which Public Works & Utilities Director Cutler reviewed the exhibits to the agreement and noted the agreement was forwarded to the Lower Elwha Tribe, the HarborWorks Development Authority, and the Port of Port Angeles for comment. It is proposed that the lease term be April 1, 2009 - March31, 2012. Director Cutler indicated the City will be talking to the Department of Ecology on the matter of loan versus grant funds for the next phase, and contact will be made with Brown & Caldwell on additional pricing for engineering design, pipe layout, soil samples, and the liJce. Lengthy discussion followed, and Councilmember Kidd raised questions with regard to property taxes that must be paid, as well as the Termination clause, which she felt was unclear. Staff provided clarification regarding termination of the lease. Councilmember Williams delineated several concerns with respect to needed clarity in the Termination clause, the amount of property included under the Grant of License and the extent of liability, as well as Permitted Use and Purpose having to do with possible conflicts in disclosures. He cited Liens and Claims, asking if the City has current title reports, and he also cited Hold Harmless and Indemnity regarding the dispersal of toxins. Councilmember Williams had questions related to Insurance, as well as a possible conflict in language between the Termination and Hazardous Substances clauses. With respect to Compliance with Laws, he inquired as to the definition of additional reasonable measures, and on Hazardous Substances, he asked as to other parties that may file claims and damages. Deputy Mayor Wharton suggested the addition of a sentence to the agreement in that there should be acknowledgment that this is a cle~nup site, and th~ . . Licensor retains all liability for contamination. The agreement will not take the liability away from Rayonier for the contamination. Because Attorney Bloor was absent from the meeting, Manager Myers felt it would be advisable to table the agreement to the next meeting. Councilmember Kidd moved to table the License Agreement with Rayonier to the March 3, 2009, City Council meeting. .The motion was seconded by Councilmember Perry and carried unanimously. . - 3 - 6405 CITY COUNCIL MEETING February 17,2009 PUBLIC HEARINGS - OTHER: Upper Golf Course Road Sanitary Sewer Connection Charges Ordinance Revision Break PUBLIC HEARINGS - OTHER: (Cont'd) Amendment to 2008-2014 Capital Facilities Plan (CFP) Specific to Web- Based GIS Upgrades Resolution No. 4-09 I. Upper Golf Course Road Sanitary Sewer Connection Charges Ordinance Revision: Director Cutler presented information regarding the proposal to update the Upper Golf e Course Road sanitary sewer connection charges to reflect current development and zoning standards. The change in fee structure would encourage additional connections and increase development opportunities, as well as reduce the cost of development as compared to when the Ordinance was originally passed.' City Engineer Sperr used a slide to show the area that constituted the UUD for extending the sewer, and he explained the overall costs of the project were much higher than originally anticipated. He described in detail the connection charges, as well as the sewer charge for those who might connect to the system in the future. Engineer Sperr discussed subsequent zoning changes that allowed development of more units, so by reducing the connection charge for future connections, there would be immediate benefit to potential developers. Discussion followed, and Engineer Sperr responded to questions, indicating that staff hoped this would encourage development that will ultimately result in some revenue from an investment made years ago. Individual Councilmembers raised the issue of equity for those who initially participated in the UUD. The question was raised as to whether the initial participants would be given a partial reimbursement. Varying opinions were expressed in that there was interest in encouraging development, but the matter of equity must be considered. It was suggested that the figures be recalculated with allowance for a rebate. It was agreed in concept that future development won't likely occur at the higherrate, and Director Cutler emphasized the overall amount won't be reduced, justthe per unit amount because of the density now allowed in the area. Manager Myers indicated staff would recalculate the numbers for presentation at the next meeting. Mayor Braun opened the public hearing at 7:43 p.m. Paul Lamoureux, 602 Whidby, suggested that the area property owners be surveyed as to their desires on the matter. There being no further testimony, at 7:48 p.m., Mayor Braun continued the public hearing . to March 3, 2009. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.72 of the Port Angeles Municipal Code relating to Upper Golf Course Road Sanitary Sewer Connection Charges. Mayor Braun recessed the meeting for a break at 7:49 p.m. The meeting reconvened at 8:01 p.m. 2. Amendment to 2008-2014 Capital Facilities Plan (CFP) Specific to Web-Based GIS Upgrades: Director Cutler introduced the proposed amendment to the 2008-2014 Capital Facilities Plan specific to Web-based GIS upgrades. The phased upgrades to the City's electronic systems, including its Geographic Information System, are needed to enhance access to utility, zoning, parcel, and other information by the public and City departments. The scope of the upgrades necessitates consideration as a capital project so that the work can be capitalized after implementation. City Engineer Sperr discussed accessibility for the customers and remote facilities, noting that the cost involves more than just software upgrades, such as server and storage capacity. He demonstrated some of the features of the GIS system. The issue was endorsed with a favorable recommendation by the Utility e Advisory Committee. Discussion followed, and it was suggested a disclaimer be included so residents won't rely on the City's system without contacting Call Before You Dig. - 4 - PUBLIC HEARINGS - OTHER: (Cont'd) e Amendment to 2008-2014 Capital Facilities Plan (CFP) Specific to Web- Based GIS Upgrades Resolution No. 4-09 (Cont'd) FINANCE: Parametrix Consultant Agreement for Landfill Services Amendment Interagency Agreement for Performance Based Contracting' Bonneville Power Administration Accord and Satisfaction Agreement e I . . 1 . \. CITY COUNCIL MEETING February 17,2009 6406 Mayor Braun opened the public hearing at 8:13 p.m. J'here being no public testimony, the public hearing was closed at 8: 13 p.m. Mayor Braun read the Resolution bY title, entitled RESOLUTION NO. 4-09 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, adopting a revised Capital Facilities Plan and Transportation Improvement Program for 2008-2014. Councilmember Di Guilio moved to pass the Resolution as read by title. The motion was seconded by Councilmember Perry and carried unanimously. 1. Parametrix Consultant Agreement for Landfill Services Amendment: Director Cutler advised the Council that, due to an error, it was thought there was sufficient funding to accomplish added work under the Scope ofW ork in the Parametrix consultant agreement. The agreement was overspent, but the amount was negotiated down by staff. The Utility Advisory Committee voted to recommend approval of the amendment on a split vote. Mr. Peter Battuello, Parametrix, was present to answer questions. City Engineer Sperr used PowerPoint slides to review the issue in detail. There appeared to be a misunderstanding on the "not to exceed" amount; however, the work was completed, and there was added value to the City. Councilmember Perry moved to approve and authorize the Mayor to sign Amendment No.1 to Consultant Agreement 07-11, increasing the total amount by $66,325, from $694,491 to $760,816. The motion was seconded by Deputy Mayor Wharton. As requested, Mr. Battuello approached the podium and explained that Parametrix thought there were sufficient funds available, but they later found an accounting error had been made. They negotiated in good faith, as they had provided the work. A vote was taken on the motion, which carried by a majority vote, with Councilmembers Williams and Kidd voting in opposition. 2. Interagency Agreement for Performance Based Contracting: Director Cutler introduced the Interagency Agreement. for Performance Based Contracting, and Deputy Director of Power Systems Dunbar explained the City was recently offered. participation in a State-sponsored performance-based contracting program for reductions in the cost of energy, water, wastewater, and solid waste in City facilities. Mr. Dunbar used PowerPoint slides while explaining that energy co'nservation savings can be realized without any capital outlay on the part ofthe City. Deputy Mayor Wharton moved to authorize the Public Works & Utilities Director to sign the Interagency Agreement with the State of Washington General Administration to provide project management and monitoring consistent with RCW 39.35A at the direction ofthe City, and authorize staffto submit a notice ofintent and credit form under the Washington State LOCAL lease/purchase program. The motion was seconded by Councilmember Perry. Discussion followed, and Deputy Director Dunbar responded to questions raised by the Council, after which a vote was taken on the motion, which carried unanimously. 3. Bonneville Power Administration Accord and Satisfaction Agreement: ".: Deputy Director Dunbar explained two current agreements with the Bonneville Power Administration, one of which is a legacy conservation agreement that had to do with the BP A providing money to the City who then provided it to the customers. Once repayment is made, the City returns the money to Bonneville. Mr. Dunbar indicated the City would be paying Bonneville for many years to come. The second agreement is the . '.>:billingcredit agreement where the City receives improvements to the electrical distribution system in exchange for receiving billing credits from BPA. Mr. Dunbar indicated the City approached the BP A, suggesting termination of the billing credit - 5 - 6407 CITY COUNCIL MEETING February 17,2009 Bonneville Power Administration Accord and Satisfaction Agreement (Cont'd) Bonneville Power Administration Tier 2 Power Supply Planning Workshop PUBLIC HEARINGS - QUASI-JUDICIAL: CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: agreement in conjunction with satisfaction of the City's financial responsibilities for conservation loans. The amount of$24, 1 00 would be paid by the City to BP A. All future loan payoffs would not be paid to Bonneville but would be kept by the City. There is a great deal of staff time involved in preparing quarterly reports, and another 30 years is e not warranted. In the ensuing discussion, Councilmember Williams expressed skepticism with the proposal, as many of the current title holders may not be the same as those against whom the liens were issued. After further discussion, the Council was of the opinion that further research would be meaningful. Therefore, Councilmember Kidd moved to table the issue for an undetermined period until staff can return to the Council with further information. Councilmember Perry seconded the motion, which carried unanimously. 4. Bonneville Power Administration Tier 2 Power Supply Planning Workshop: Deputy Director Dunbar advised the Council that the City must make a commitment to the Bonneville Power Administration for a Tier 2 power supply by November 1, 2009. It is anticipated that 3% of the City's future power supply will be provided by Bonneville under the Tier 2 rate. Mr. Dunbar discussed the options and asked if the Council would confirm interest in attending the NWPPA Tier 2 Power Planning Workshop. He noted the difficulty in scheduling the Council because of the diminishing number of available dates left for workshop participation. Following discussion, it was agreed that staff would contact the Councilmembers with the pertinent information and available dates. None. Councilmember Perry moved to accept the Consent Agenda, to include: 1.) City Council Meeting Minutes of February 3, 2009; 2.) Expenditure Approval List from 1/24/09 to 2/6/09 for $1,639,148.46; and 3.) Equipment Purchase - Light Operations Utility Vehicle. Councilmember Kidd seconded the motion, which carried unanimously. Deputy Mayor Wharton reported on discussions held at the County Board of Health meetings regarding the Soil Dioxin Study. She added that the County is attempting to respond to clubs and bars regarding the no smoking laws. Brief discussion was held on the financial reports contained in the Information Agenda. Also, Councilmember Williams summarized discussions held at the Chamber Board meeting concerning the Oak Street property being marketed by the current owner with the proviso for a deed restriction to disallow hotels and motels. Kenmore Air was also discussed in terms of how their expenses might be reduced, especially as relates to their landing pattern during inclement weather. It was pointed out that landings cannot occur from the east because of the trees in Lincoln Park. Manager Myers felt this would be a good discussion for a work session at the March 3rd Council meeting. Manager Myers reviewed the items on the Information Agenda. He informed the Council he will be joining Councilmembers Rogers and Kidd at the A WC Conference this week. The final NOAA proposal is in the City Manager's office and is available for review. None. The meeting was adjourned at 9:42 p.m. ~9~ Gary Braun ayor - e - 6-