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HomeMy WebLinkAboutMinutes 02/19/2008 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Martin Luther King, Jr., Essay Contest Winners WORK SESSION: Rayonier Brownfield Planning and Redevelopment Phase I Report e 6199 CITY COUNCIL MEETING Port Angeles, Washington February 19, 2008 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, Rogers, and Williams. Members Absent:- None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, N. West, T. Pierce, S. Johns, 1. Christopher, and K. Neal. Public Present: O. Campbell, P. Gagnon, and R. Mantooth. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Perry. 1. Martin Luther King, Jr., Essay Contest Winners: Mayor Braun was joined by Port Angeles School District Superintendent Gary Cohn and John Brewer, Chair of the Community Multi-Cultural Alliance, in presenting certificates to the student winners of the School District's Martin Luther King, Jr., Essay Contest, as follows: Tony Rosanbalm, Ashley Wishart, Brenden Rolson-Hines, Evan Cobb, Shayla Smith, Lauren Paup-Bymes, Rylie Morgan, Tru Wiggins, Keenan Leslie, Madelynn Mitt, Madeleine Fritschler, Katie Fox, Brian Choe, Maddie Boe, Michael Burnham, Gabe Calabria, Daniel Wake, Elijah Rolinskyy, Leila Goodrum, KelseaRadley, and Aaron Wright. 1. Rayonier Brownfield Planning and Redevelopment Phase I Report: Manager Madsen introduced the matter of the Rayonier Brownfield Planning and Redevelopment Phase I. In 2007, the City entered into an interlocal agreement with the Department of Ecology to facilitate a community-based process focusing on planning and redevelopment of the former Rayonier Mill site. This was envisioned to be a multi- phased process of waterfront redevelopment and harbor clean-up planning. Stakeholders were invited to attend meetings to provide input on a vision for the future use of the site. The report being presented to the Council this evening is intended to explain the process undertaken and to relate how this site and clean-up may pertain to future actions that may need to be taken across the entire waterfront and harbor. Attorney Bloor informed the Council that most of what will be presented is focused on the vision for the Rayonier site, which constitutes Phase I. This is not the end of the project, as there are next steps, one of which involves actual clean-up and redevelopment of the Rayonier site. Another step involves planning and action, if any, on the larger waterfront and harbor, and the picture of those two elements has yet to be composed. Attorney Bloor indicated that, as ofthis date, the City has not made any agreements with - 1 - I 6200 CITY COUNCIL MEETING February 19,2008 WORK SESSION: (Cont'd) Rayonier Brownfield Planning and Redevelopment Phase I Report (Cont'd) Break Rayonier or Ecology or other interested parties on the next elements, but the City staffhas been instructed to investigate the City's involvement in those two areas and the larger waterfront/harbor issues. Attorney Bloor discussed what might be coming in the future in terms of why the City might want to remain involved in a leadership role in the clean- up ofthe harbor and waterfront by Ecology. He noted that the City as a legal entity owns some facilities that have and may continue to deposit pollutants into the harbor, and to that extent, there is an issue of liability. The City is concerned about the health and welfare of its citizens, and the clean-up and redevelopment ofRayonier, with some logical plan to address the harbor, is for the benefit of the community in terms of the economy and the health of the community. e Deputy Director of Community & Economic Development West provided background information on what has occurred the past 10 years, with the primary focus on clean-up and contamination of the site. He summarized the transition of control from the Environmental Protection Agency to the State Department of Ecology, at which time the D.O.E. Solid Waste Division instituted a typical regulatory approach involving 6 steps. The process is still at the Step 1 level. In 2005, the Department of Natural Resources gathered other agencies to review the 1989 Harbor Plan, and in late 2006, DNR asked the City to take a leadership role in the overall Harbor Plan for Port Angeles. In 2007, the City met with Jim Pendowski from the Toxic Waste Program at the Department of Ecology, who provided information that Port Angeles was rated #2 for State clean-up. Mr. Pendowski demonstrated a paradigm shift on the part of D.O. E., as his approach was to ask the City to provide its vision, goals, and intended outcome for Rayonier and the Port Angeles Harbor, and he would help the City find funding, possibly through the Puget Sound Partnership. The agreement with the Department of Ecology is the result of that discussion, and Phase 1 commenced with the goal of establishing a community vision. Deputy Director West discussed the process that involved over 50 stakeholders representing at least 30 agencies. The group identified the following core issues: economic opportunity, Ennis Creek and the riparian corridor, the Waterfront Trail and public access, land use and redevelopment, infrastructure, and institutional controls. The vision was compiled into a report, and the group determined a need for more components, such as a conceptual development plan and identification of next steps, which resulted in the Critical Path Analysis. Manager Madsen emphasized the importance of the Critical Path Analysis in seeking a productive future use for the site. Attorney Bloor discussed how the City might move forward in accordance with State law. He noted that cities don't typically get involved in clean-up, and in order for the City to be involved, there must be property interest in the site. There are benefits to clean-up and redevelopment if a government entity is involved, and the City is examining its options in taking an active role. Attorney Bloor indicated the City could create a development authority, or it could join with a non-profit corporation. He added that the City is consulting with attorneys having specialties in environmental law to further consider the viable options. In the meantime, close contact is being maintained with D.O.E. and Rayonier, and it is expected staff will return to Council, hopefully by the end of March, at which time a report will be provided. Manager Madsen itemized areas of concern as introduced by the community, and he then engaged the Council in discussion and answered questions on such matters as Rayonier and DNR ownership ofland, ongoing discussions with Rayonier on redevelopment, clean- up standards for PCBs, and the tremendous change on the part of D.O.E. on clean-up. Kudos were given to staff and Council for remaining steadfast, and appreciation was extended to the citizens involved for participating in such a patient manner. Manager Madsen indicated the final report on this phase would be filed with the State at the end ofthe month, and work now begins with the other stakeholders on the harbor to determine community concerns. Mayor Braun recessed the meeting for a break at 6:55 p.m. The meeting reconvened at 7:10 p.m. e - 2 - e LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Amendment to Fees Ordinance, Title 3 e CITY COUNCIL MEETING 6201 February 19,2008 There were no late items added to the agenda by staff. Councilmember Perry asked for discussion with regard to current construction projects and the associated impact on downtown businesses. Noting that some businesses have not had a sale in three weeks, he queried as to whether some form of financial assistance could be made available to the businesses whether from the City, FEMA, or other grant funds. Manager Madsen responded that government aid is not available to these businesses. Indicating the City has taken out limited advertising on behalf of downtown businesses, Manager Madsen stated there are prohibitions on financial assistance from the City as set forth in the State Constitution. Lengthy discussion ensued on the need for creativity on the part of the Chamber of Commerce and the Port Angeles Downtown Association to entice residents to shop in the downtown area during construction. Additionally, Police Chief Gallagher advised the Council that, with the exception of egregious violators, only warnings are being issued to those violating the 2-hour parking limit. It was noted that the City arranged for employee parking on the outer perimeter of the downtown in order to open access to parking for shoppers. Discussion also encompassed the construction time lines and the practice of working around holidays and ferry schedules in scheduling the construction work. The suggestion was made to seek assistance from Clallam Transit to arrange for free transit in the downtown area. Eloise Kailin, Secretary of Protect the Peninsula's Future, distributed and read into the record a letter related to fluorosilicic acid, the need to document toxicity information, and the need for compliance with NSF/ANSI Standard 60. Peter Ripley, 114 E. 6th, #102, provided a report on his membership on the Governor's Committee on Disability Issues and Employment. As a member of the Awareness & Accessibility Committee, he discussed the possibility of a committee meeting being scheduled in Port Angeles, wondering if the members' needs would be met in terms of accessibility. Mr. Ripley also reported on fund-raising efforts of DA TO, an organization he started locally to raise funds for wheelchair purchases and repairs. Darlene Schanfald, Olympic Environmental Council, thanked the City for bringing stakeholders together regarding the future use of the Rayonier site. She clarified that dioxins were the issue related to the clean-up standards. Ms. Schanfald felt that discussions on Rayonier's future use will not only involve local residents, but will engage citizens from around the State. A larger group of stakeholders will want to assure protection for fish and fish habitat and no future re-contamination. Lynn Lohr, 1114 E. 4th Street, thanked the Council for the extended public comment. Referencing the loss of money for downtown businesses, she suggested that each person spread the word to friends and neighbors to shop downtown. I. Amendment to Fees Ordinance, Title 3: Attorney Bloor presented information on the restructured fee Ordinance that was adopted by the Council a few months ago. The Ordinance reflected new photocopy mediums, color copies and large format sizes. The prior Ordinance anticipated only black and white copies and allowed up to 10 free pages in the interest of efficiency and cost effectiveness. With the introduction ofthe new media, it is recommended that the City again not charge or collect costs of $1.50 or less for any photocopies, regardless of size or color. Discussion followed, and staff responded to questions posed by the Council. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE ofthe City of Port Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to fees. - 3 - I 6202 CITY COUNCIL MEETING February 19,2008 RESOLUTIONS: OTHER CONSIDERATIONS: Interlocal Agreement with Clallam County P.D.D. District No. I PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: FINANCE: Phase I CSO Proj ect 06-0 I, Amendment No.3 to Brown & Caldwell Agreement Landfill Slope Stabilization Project 02-21 Settlement Agreements None. 1. Inter/ocal Agreement with Clallam County P. UD. District No.1: e Public Works & Utilities Director Cutler reported that work related to the Elwha River Restoration Project will require reconstruction and moving of power lines, as well as transferring ownership ofa section of new lines to the Clallam County P.U.D. The City will take the lead for design coordination and contract for the construction. Upon completion, the P.D.D.'s portion will be transferred to them for ownership and maintenance. The work is cost reimbursable by the National Park Service. Brief discussion ensued, and staff responded to questions raised by the Council. Deputy Mayor Wharton moved to approve an Interlocal Agreement with Clallam County Public Utility District No.1 for construction of electrical distribution facilities related to the Elwha River Restoration Project and authorize the City Manager to sign the agreement. The motion was seconded by Councilmember Di Guilio and carried unanimously. None. None. 1. Phase I CSO Project 06-01, Amendment No. 3 to Brown & Caldwell Agreement: Director Cutler explained the process of engaging consultant services, noting that selection is based on qualifications. In this instance, the City selected Brown & Caldwell as the most qualified firm by involving a Councilmember and staff in the selection group. He discussed the value of the initial agreement as the City launched into major design of this particular project, also reviewing the subsequent amendments due to several unanticipated elements of work critical to the design effort. Director Cutler explained that the routing of the pipeline may involve existing pipes formerly used by Rayonier, and discussions are being held with the regulators to consider logical and cost-effective solutions. Following discussion, Councilmember Rogers moved to authorize the Mayor to sign Amendment No.3 to the Agreement with Brown & Caldwell for the detailed design of Phase 1 CSO Projects, increasing the maximum compensation amount under the agreement by $102,700, from $1,745,000 to $1,847,700. Deputy Mayor Wharton seconded the motion, which carried unanimously. 2. Landfill Slope Stabilization, Project 02-21 Settlement Agreements: Information was presented by Director Cutler on the matter of the Landfill Slope Stabilization Project, a project that involved changing construction conditions that resulted in construction claims on the part of the Glacier Construction, the contractor, and TBH & Associates, a subcontractor responsible for installation of the primary and secondary drilled shafts. All parties to the claims have reached settlement, but because the City doesn't have the agreements in hand as yet, Attorney Bloor provided revised language for the recommendation. Therefore, Councilmember Perry moved to approve the settlements between the City of Port Angeles, Glacier Construction, Inc., and TBH & Associates, LLC; and between the City of Port Angeles and Parametrix; to authorize the City Manager to make minor, non-substantive change modifications to the agreements, if necessary; and to authorize the City Manager to execute the settlement agreements on behalf of the City. The motion was seconded by Councilmember Rogers, and following brief discussion, a vote was taken on the motion, which carried unanimously. e - 4- CONSENT AGENDA: e CITY COUNCIL COMMITTEE REPORTS: Port Angeles Forward Chair Appointment INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: e CITY COUNCIL MEETING February 19,2008 6203 Councilmember Di Guilio moved to accept the Consent Agenda, to include: (1) City Council minutes dated February 5'\ and (2) Expenditure Approval List from 1/26/08 to' 2/8/08 for $2,245,953.84. Deputy Mayor Wharton seconded the motion, which carried unanimously. Port Angeles Forward Chair Appointment: Manager Madsen reviewed the background of the Port Angeles Forward Committee as established by Ordinance, indicating the City Council appoints the Committee Chair. At the present time, Councilmembers Kidd and Perry serve as Committee members, and Councilmember Di Guilio serves as alternate. Manager Madsen asked that the Council appoint a Chair and consider what the Port Angeles Forward Committee should be carrying out on behalf of the City Council. :J Councilmember Perry reported that discussions had been held regarding the position of Chair. County Commissioner Mike Chapman would be willing to serve as Chair, and Councilmember Kidd offered to serve as Vice Chair. Discussions have also been held on the matter of allowing alternates to attend the meetings in the interest of continuity. Councilmember Di Guilio moved to nominate County Commissioner Mike Chapman as Chair of the Port Angeles Forward Committee. Councilmember Perry seconded the motion. Lengthy discussion followed on the long-standing tradition of a Councilmember serving as Chair, particularly because this is a City committee that takes direction from the City Council. In light ofthe discussion, Councilmember Kidd offered to serve as Chair. A vote was taken on the motion, with Councilmembers Di Guilio and Perry voting in favor of the motion, and Mayor Braun, Deputy Mayor Wharton, and Councilmembers Rogers, Williams, and Kidd voting in opposition. The motion, therefore, failed. Councilmember Williams moved to appoint Councilmember Kidd as Chair of the Port Angeles Forward Committee. Councilmember Rogers seconded the motion, which carried unanimously. The Council then deliberated the possible tasks before the Committee, noting the following: beautification and landscaping, a cross-town route, continued cooperation between agencies, economic development, waterfront improvements, the Marine Life Center and associated research that could result in economic development, keeping the Hurricane Ridge Road open, shuttle service to Hurricane Ridge, encouragement for expanded parking at Hurricane Ridge, and the Farmer's Market for economic development. It was suggested that a specific item become the focus as opposed to having the group continue a mode of brainstorming sessions. On the issue of alternates attending the meeting in the absence of a committee member, Manager Madsen noted the Ordinance is silent on alternates. In that the Council formally appoints Committee members, he felt the matter of alternates could be addressed administratively. Manager Madsen advised the Council he would be out of town Friday and Monday due to a death in the family. None. The meeting was adjourned at 8:45 p.m. /--1 ,.-CA. L-=y~, W.j~A_~_' Gary Braun, M'ayor' ') ^- - 5 -