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HomeMy WebLinkAboutMinutes 03/04/2008 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: Appointment of Interim Deputy Chief of Police LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: WORK SESSION: Public Works - Challenges and Opportunities e 6204 CITY COUNCIL MEETING Port Angeles, Washington March 4, 2008 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.rn. 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, T. Pierce, R. Bonine, S. Epps, S. Johns, and N. West. Public Present: 1. Halkett, J. & C. Jones, T. Ahlgren, and C. Smith. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Kidd, followed by a moment of silence in memory ofthe tragic events and loss oflife on February 24th. The Councilmembers lauded the City's emergency personnel for exemplary performance throughout a very difficult couple of weeks. I. Appointment of Interim Deputy Chief of Police: Manager Madsen announced the appointment of Sterling Epps as Interim Deputy Chief of Police. Police Chief Gallagher, who was joined by Mayor Braun, administered the Oath of Office, after which Mrs. Epps affixed the Deputy Chief s badge to her husband's uniform. There were no late items added to the agenda; however, Manager Madsen indicated there would be an alternate Ordinance for consideration under Agenda Item E.3. Peter Ripley, 114 E. 6th, #102, provided a status report on fund-raising efforts scheduled for the Disability Trust Organization from June - August. I. Public Works Presentation - Challenges and Opportunities: Public Works & Utilities Director Cutler used PowerPoint slides to discuss the challenges and opportunities in Public Works. He reviewed the organizational structure of the department, as well as budget and staffing of operations, power management, and engineering services. There are 7 capital projects under active construction and 8 under design, for a total value of $154,000,000. Director Cutler shared some of his general concerns, such as an aging infrastructure and workforce, revenue shortages, regulations and unfunded mandates, the difficulty in attracting technical staff, the level of wages and salaries, and staffing levels. He included the limitations on General Fund support, the facility maintenance management system, the cost of utility service studies, and reserves. Director Cutler discussed the specifics of issues and project status in such functional areas as Water/Wastewater, Stormwater, Electric Service, Solid Waste Collections/Transfer - 1 - 6205 CITY COUNCIL MEETING March 4, 2008 WORK SESSION: (Cont'd) Public Works - Challenges and Opportunities (Cont'd) PUBLIC COMMENT: (Cont'd) Break FINANCE: Avenue of the People Art Contract ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Amendment to Fees Ordinance, Title 3 Ordinance No. 3319 Station, Streets, Parks Maintenance, and Equipment Services. He then provided a synopsis of current projects: the Downtown Gateway Center, which is on budget and on time; the EUGA Sewer Extension; the Senior Center addition, which is almost complete, _ on time and withinbudget; the Downtown Water Mains and Sidewalks; Sidewalks on _ First Street and 16th Street; the Light Operations relocation, which is complete; and the Dry Creek trail crossing. Director Cutler offered to provide tours of the Public Works' areas, particularly for tho"se who are new to the Council. Discussion followed concerning the Gateway Project, which Director Cutler earlier indicated was on time and on budget. He summarized the current status of the project, noting change orders that were fairly small in nature. Management by the contractor has been done well, the walls for the ground floor of the west parking garage are being installed, the structure is in place for the transit garage, and the downtown businesses are being kept informed. Director Cutler indicated that staff is meeting on a monthly basis with the design architect, the contractor, and Transit, and all are pleased with the progress being made. Councilmember Rogers, alluding to a newspaper article on a funding shortfall, provided a narrative to the media that the project is on target for budget, and statements as to a cost overrun are inaccurate. She added that there has always been an awareness that an additional $2.7 million would be needed, and it was always intended that additional federal funding would be requested. The Federal Government is supportive ofthe project, and grant requests for additional funding have been submitted. Veronica Flake, 3752 Hill Circle, has long stood in opposition to fluoride. She read a statement to the Council regarding fluoride, the source of fluoride, and contaminants contained in fluoride. She asked the Council to rectify the situation. Mayor Braun recessed the meeting for a break at 7:20 p.m. The meeting reconvened at 7:31 p.m. 1. Avenue of the People Art Contract: Deputy Director of Recreation Services Bonine presented information to the Council relative to the proposed art contract for the "Avenue of the People" project. Local artist Bob Stokes had submitted a request for funding from the Lodging Tax Advisory Committee, who recommended that $40,000 be granted for the sculpture project, which is intended to depict "personality figures" of everyday relationships in an abstract mode. The life-size sculptures will be made of welded steel, pre-weathered and cured, and bolted to a cut-to-fit concrete base. It was noted that the proposal had been submitted to the Parks & Facilities Oversight Committee, as well as the Parks, Recreation & Beautification Commission, and recommendations for approval were forwarded to the Council. Discussion followed on the number of initial pieces planned, the intention that the funding will serve as seed money, and the potential for additional pieces. Bob Stokes, a resident at the Boat Haven, approached the podium to respond to questions, discussing the location and placement of the pieces, as well as measures that can be taken to deal with vandalism and graffiti. Approved drawings were distributed to the Council for review. Councilmember Rogers moved to approve and authorize the Mayor to sign a contract with Bob Stokes for public artwork, "Avenue of the People". The motion was seconded by Councilmember Wharton and carried unanimously. 1. Amendment to Fees Ordinance, Title 3: Attorney Bloor indicated the proposed amendment was discussed at the previous Council meeting, and it relates to the exemption of up to $1.50 for public records provided to the public. It has been determined to be more efficient to establish this exemption. Mayor Braun conducted a second reading of the Ordinance by title, entitled e - 2 - e Amendment to Fees Ordinance, Title 3 Ordinance No. 3319 (Cont'd) Port Angeles Forward Committee Ordinance Amendment Lodging Tax Advisory Committee (L T AC) Ordinance Amendment e RESOLUTIONS: CITY COUNCIL MEETING March 4, 2008 6206; ORDINANCE NO. 3319 AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to fees. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Kidd and carried unanimously. 2. Port Angeles Forward Committee Ordinance Amendment: Manager Madsen presented a proposed amendment regarding the Port Angeles Forward Committee, as it was suggested that clarifying language be included to establish that the Chair of the Committee be appointed from among the designated Councilmembers serving on the Committee. The suggestion was made as a follow-up to the discussion held at the previous Council meeting, and it was taken to the Community & Economic Development Committee for consideration. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofport Angeles, Washington, amending Chapter 2.40 of the Port Angeles Municipal Code relating to the Port Angeles Forward Committee. 3. Lodging Tax Advisory Committee (LTAC) Ordinance Amendment: Manager Madsen provided in-depth information relative to recommendations from the State Auditor on the matter of the Lodging Tax Advisory Committee. As part of the audits conducted in cities in 2007, the State Auditor issued an opinion that all jurisdictions collecting a room tax as authorized by State statute should re-evaluate the composition of their advisory committees, as well as procedures followed to justify the expenditure of lodging tax funds. He advised the Council that an amending Ordinance on the composition of the Committee was made a part of the Council packet, and a more strident version of the Ordinance was distributed this evening. Attorney Bloor reviewed the interpretation of the Attorney General's office on the matter of committee composition, and it is clear that the alternate Ordinance distributed to the Council would absolutely reflect the composition as stated in the statute. There would be one City Council member, two tax spenders, and two tax collectors, all of whom would be voting members. Additionally, there would be three at-large members and one Port Angeles Forward representative, all of whom would be non-voting members. It was Attorney Bloor's recommendation that the Council consider the alternate Ordinance. He clarified for the Council that recommendations flow from the City Council to the Lodging Tax Advisory Committee for consideration. Councilmember Rogers cited the example of the Council having established a 30-30-30 split ofthe lodging tax funds for marketing, capital, and events. Mayor Braun conducted a first reading of the alternate Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 2.70 of the Port Angeles Municipal Code relating to the Lodging Tax Committee. None. - 3 - 6207 CITY COUNCIL MEETING March 4, 2008 OTHER CONSIDERA nONS: Clallam County Intergovernmental Orientation for Elected Officials PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: FINANCE: (Cont'd) Downtown Water Main Project Phase III, Project 00-19, Change Order No. 1 CONSENT AGENDA: 1. Clal/am County Intergovernmental Orientation for Elected Officials: Manager Madsen introduced for discussion the matter of an Intergovernmental Orientation for Elected Officials that is being hosted by Clallam County on March 13, 2008. Commissioner Doherty had broached the subject of the orientation with one of the Councilmembers, but staff has not had any previous direction from Council as to the level of participation. He advised the Councilmembers that, if they choose to participate, it would be appropriate for a motion to set a special meeting for that date. Councilmember Wharton, having discussed the orientation with Commissioner Doherty, addressed the merits of the orientation, feeling it would be an excellent opportunity to meet and share information with representatives from other governmental agencies. e Councilmember Wharton moved to set a special meeting of the City Council for Thursday, March 13, 2008, from 11:00 a.m. - 1:00 p.m. Councilmember Perry seconded the motion. Manager Madsen noted that he and Councilmembers Rogers and Williams would be returning from Washington, D.C., on that date and would be unable to attend. A vote was taken on the motion, which carried unanimously. Councilmember Wharton offered to meet with Manager Madsen to discuss staff preparation for the orientation. Commissioner Mike Doherty, 617 S. "H" Street, approached the podium to share information with the Council on the orientation, noting the agenda is very flexible. None. None. 2. Downtown Water Main Project Phase III, Project 00-19, Change Order No.1: Director Cutler presented information on Change Order No.1, which involves work associated with the Laurel Street historic sidewalk reconstruction, removal of underground fuel oil storage tanks and contaminated soil, and additional material for construction of the concrete paver sidewalk area. Because of a credit on other areas of the project, the result of the change order is still close to the project amount budgeted. Director Cutler informed the Council the project should be complete in the next few weeks. Lengthy discussion followed on the modification to existing stairwells, as well as the draftstop wall construction. Director Cutler indicated he would provide further information on the draftstop wall. Councilmember Williams moved to approve Change Order No.1 to the contract with IMCO General Construction in the amount of$156,145.00, for a total contract amount of$2,574,881.99, including tax. Councilmember Perry seconded the motion. Because of Council member Perry's involvement in the underground tours, the question was raised as to whether he should recuse himself from this particular vote. Attorney Bloor felt there would be no legal reason for Councilmember Perry to be disqualified from the vote, but Councilmember Perry opted to abstain from the vote. Councilmember Perry stated that whether or not there is a door won't affect his tours, but it would provide access to the basement areas with two exits, thus providing more access for future development. A vote was taken on the motion, which carried 6 - 0, with Councilmember Perry abstaining. Councilmember Di Guilio moved to accept the Consent Agenda, to include: (1) City Council Minutes dated February 19th; (2) Expenditure Approval List from 2/9/08 to 2/22/08 for $1,064,935.06; (3) Surplus Tank at the Wastewater Treatment Plant; (4) Request Council extend expiring U AC term of Dean Reed until reappointment' can be made; (5) Ediz Hook Building Demolition Project 07-14; (6) Ediz Hook Boat Launch e - 4 - e e CONSENT AGENDA: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CITY COUNCIL MEETING March 4, 2008 6208 Pile Replacement Project 06-38; (7) New World Systems Contract Renewal; and (8) Twenty First Century Communications Contract Renewal. Councilmember Wharton seconded the motion, which carried unanimously. None. Manager Madsen reported that he and Councilmembers Rogers and Williams will be in Washington, D.C., this coming week.. He referenced an invitation sent to the Council by Peninsula College to attend an open house regarding 4-year graduate program offerings at the College. Manager Madsen noted the need to set City Council interview appointments with applicants for the Board of Adjustment. He indicated the schedule for the interviews will be forthcoming. Councilmember Wharton informed the Council that she would be attending a meeting of the Puget Sound Partnership this coming Friday. Also, she lauded the recent decision of Victoria, B.c., to begin treatment of its sewage. There is an A WC workshop on climate change in Tacoma on April 16, 2008, and Councilmember Wharton asked that another Councilmember or staff member accompany her to the meeting in the interest of gaining different perspectives. Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive Session for approximately 20 minutes under the authority of RCW 42.30.llO(l)(b), consider acquisition of real estate, with no action to follow. The Executive Session convened at 8:45 p.m., and, at 9:05 p.m., the Executive Session was extended for an additional 20 minutes by announcement of the Mayor. The Executive Session concluded at 9:25 p.m., and the Council convened in regular open session. No action was taken. The meeting was adjourned at 9:25 p.m. G~~~ ~,~ -lApta^- Becky J. Up , Ci Clerk - 5 -