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HomeMy WebLinkAboutMinutes 03/18/2008 e CALL TO ORDER - SPECIAL MEETING: Interview Candidates for Vacant Positions on Board of Adjustment ADJOURN SPECIAL MEETING: CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: WORK SESSION: Report from United Way on 2007 Year End e 6210 CITY COUNCIL MEETING Port Angeles, Washington March 18, 2008 Mayor Braun called the special meeting of the Port Angeles City Council to order at 5:30 p.m. Interview Candidates for Vacant Positions on Board of Adjustment:, The City Council interviewed the following candidates for the Board of Adjustment: Nason Beckett, Craig Johnson, and Chuck Whidden. The special meeting was adjourned at 6:00 p.m. Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:08 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, Deputy Clerk Hagar, T. Gallagher, D. McKeen, Y. Ziomkowski, R. Bonine, 1. Dunbar, S. Epps, N. West, and T. Pierce. Public Present: 1. Lohr. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Mayor Braun. None. J. Reportfrom United Way on 2007 Year End: Jody Moss, Executive Director of the United Way ofClallam County, provided a brief history of the relationship between United Way and the City of Port Angeles. She reported on the City's 2007 Human Services funding, noting more than 16,000 people within the City were served. Ms. Moss recommended that the 2008 funding distribution remain at the same rate and be distributed to the same agencies as in 2007, to continue the focus on at-risk youth, older adults, and prevention. Ms. Moss thanked the Council for its support and responded to questions. Councilmember Perry moved to authorize the Mayor to sign the contract with United Way for administration of the City's 2008 Human Services funds. Deputy Mayor Wharton seconded the motion. Councilmember Di Guilio disclosed that he - 1 - 6211 CITY COUNCIL MEETING March 18, 2008 WORK SESSION: (Cont'd) Report from United Way on 2007 Year End (Cont'd) Public Safety Presentation Break PUBLIC COMMENT: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: PUBLIC COMMENT: works for one of the agencies that will receive funding should this motion be passed and Councilmember Kidd stated she volunteers her time for an agency that will be served. Attorney Bloor stated that as compensation and working for the agencies is not tied to the approval of this contract, it would be acceptable to vote on this issue. A vote was taken on the motion, which carried unanimously. e 2. Public Safety Presentation: Using PowerPoint slides, Fire Chief McKeen and Police Chief Gallagher gave a presentation describing the objectives of public safety. Both noted that the majority of their calls are for non-traditional services. Examples include school and downtown security, education, and enforcement for the Police; and commercial fire inspections and hazardous materials response for Fire. Chiefs McKeen and Gallagher reviewed the challenges of public safety, which include recruiting and retention of career and volunteer personnel, increasing workload, unfunded mandates, resource constraints, and community growth, noting that inflation constantly outpaces revenue. Chiefs McKeen and Gallagher concluded their presentation by describing the various methods utilized to meet today's challenges, such as consolidating with other agencies, modifying reporting methods, and increased usage of computer-based training. They lauded their respective staffs for assisting with budget-saving ideas. They then responded to questions posed by Council and provided clarification as necessary. Mayor Braun recessed the meeting for a break at 7:20 p.m. The meeting reconvened at 7:32 p.m. Mayor Braun noted Boy Scout Troop 1193 was present tonight to fulfill one of the requirements for the Communications Merit Badge. Curtis Capell, 430 S. Shore Road, approached the podium to introduce the rest of the Troop: Khanse Lucas, Jacob Bird, Jared Capell, Scout Master Craig Bird and Scout Leader James Capell. Manager Madsen noted there was one late item, discussion of Equipment Purchase: Mobile Air Apparatus, which was added under Finance as Item J.5. Deputy Mayor Wharton asked for brief discussion of the City Council's travel budget, which was added under Finance as Item J. 6, and for discussion of a letter of support for Pacific Northwest Trails Association to have a section of its back country trail designated as part of the National Scenic Trail, which was added under Other Considerations, Item G.3. At Councilmember Williams' request, discussion was held regarding a special meeting as a Work Session/Council Retreat to allow Councilmembers the opportunity to get to know one another. Lengthy discussion followed, and it was agreed that a topic for discussion would be current projects and the criteria used for their selection. Councilmember Williams moved to schedule a work session to be held as a Council retreat on Tuesday, April 15, 2008, from 4:00 p.m. to 6:00 p.m. Councilmember Kidd seconded the motion, which carried unanimously. The Reverend Lynne Lohr, 1114 E. Fourth St., invited the Council to sign a note of encouragement to Paul Lamoureux, who has been caring for his ill wife; asked for Council's assistance regarding an ambulance c;harge she felt was unjust; requested assistance in accelerating the process for having abandoned vehicles removed from her alley; praised the Police Department for aiding her neighborhood with a dangerous dog problem; and invited Council to attend the fluoride appeal hearing in Tacoma on March 25th at 11 :00 a.m. e - 2 - e ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Ordinance Rescinding Incomplete Street Vacation Actions P A Forward Committee Ordinance Amendment Ordinance No. 3320 e CITY COUNCIL MEETING March 18,2008 6212 1. Ordinance Rescinding Incomplete Street Vacation Actions: Deputy Director of Community & Economic Development West presented information on the Ordinances, reviewing why the street vacations had never been completed. He noted that, in the future, staff will recommend that street vacations contain a sunset clause, requiring they be finalized within two years or be void. This issue was discussed with the Real Estate Committee who agreed. Mayor Braun conducted the first reading of the Ordinances by title, entitled ORDINANCE NO. AN ORDINANCE of the City Council of the City of Port Angeles, Washington, repealing Ordinance No. 3248 passed by City Council on June 6, 2006. Councilmember Williams referred to the staff report, asking about another street vacation. Deputy Director West will check prior to the second reading of the Ordinance. ORDINANCE NO. AN ORDINANCE of the City Council of the City ofPort Angeles, Washington, repealing Ordinance No. 2998 passed by City Council on August 4, 1998. ORDINANCE NO. AN ORDINANCE of the City Council of the City ofPort Angeles, Washington, correcting Ordinance No. 2626 passed by City Council on February 5, 1991. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Port Angeles, Washington, repealing Ordinance No. 2217 passed by City Council on June 15, 1982. ORDINANCE NO. AN ORDINANCE of the City Council of the City ofPort Angeles, Washington, repealing Ordinance No. 2216 passed by City Council on June 15, 1982. 2. Port Angeles Forward Committee Ordinance Amendment: Manager Madsen stated this was the second reading of the Ordinance clarifying that the Chair of the Port Angeles Forward Committee be one of the City Council members appointed to that Committee. Brief discussion followed, and Councilmembers Di Guilio and Perry expressed the opinion that no information had been presented that convinced them that only a Councilmember could be Chair of this Committee. Therefore, they would be voting in opposition. Mayor Braun conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3320 AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 2.40 of the Port Angeles Municipal Code relating to the Port Angeles Forward Committee. Councilmember Williams moved to adopt the Ordinance as read by title. Councilmember Rogers seconded the motion. Following limited discussion with Councilmembers giving their views on the issue, a vote was taken on the motion, which carried 5-2, with Councilmembers Di Guilio and Perry voting in opposition. - 3 - 6213 CITY COUNCIL MEETING March 18,2008 Lodging Tax Advisory Committee (L T AC) Ordinance Amendment Ordinance No. 3321 Compost Rate Ordinance Modification Ordinance No. 3322 RESOLUTIONS: OTHER CONSIDERATIONS: Energy Champion Engineer Agreement (Nippon) 3. Lodging Tax Advisory Committee (LTAC) Ordinance Amendment: Manager Madsen reviewed the information on the Ordinance amendment, stating it is based on recommendations made by the State Auditor's Office, as the composition of this Committee is defined by State Statute. He then reviewed the composition of the Committee, should the Ordinance be adopted. Mayor Braun conducted a second reading of the Ordinance by title, entitled e ORDINANCE NO. 3321 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. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. Councilmember Rogers seconded the motion. Following discussion and clarification, a vote was taken on the motion, which carried unanimously. 4. Compost Rate Ordinance Modification: Public Works & Utilities Director Cutler provided in-depth information relative to the current rate structure for compost sales and the proposed rates. He stated numerous inquiries have been received to provide incentives for large quantity sales. It is expected that the new rates will fully cover costs and greatly enhance compost sales. Director Cutler asked that the second reading of the Ordinance be waived and that the Council proceed to adoption. Mayor Braun read the Ordinance by title entitled ORDINANCE NO. 3322 AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 13.57 of the Port Angeles Municipal Code to allow a more flexible rate structure. Discussion followed, and a question was raised as to whether any other retailers had voiced concern over competition. There are no local sellers, but local vendors are hoping to purchase in bulk for various projects such as adding to top soil. The Utility Advisory Committee had discussed this issue and supports the proposed rate structure. Deputy Mayor Wharton moved to waive the second reading of the Ordinance. Councilmember Rogers seconded the motion, which carried unanimously Deputy Mayor Wharton moved to adopt the Ordinance as read by title. Councilmember Williams seconded the motion, which carried unanimously. None. 1. Energy Champion Engineer Agreement (Nippon): Director Cutler deferred to Power Resource Manager Dunbar, who provided the background and history of this issue. Mr. Dunbar noted that the Energy Champion Cooperation Agreement and a Participation Agreement will allow for the City and Bonneville Power Administration (BP A) to assist Nippon Paper Industries in developing an energy management program and to help identify and prioritize energy efficiency projects. Mr. Dunbar noted the UAC supports the recommendation to proceed with the agreements. e Deputy Mayor Wharton moved to authorize the Director of Public Works & Utilities to sign Cooperative Agreement No. 36911 with the Bonneville Power - 4 - e Energy Champion Engineer Agreement (Nippon) (Cont'd) Board of Adjustment Appointments Request from Pacific Northwest Trails Association PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: FINANCE: Professional Services Agreement with FCS for Utility Cost of Services Studies e Bonneville Power Administration (BP A) Standstill and Interim Relief Payment Agreement CITY COUNCIL MEETING March 18,2008 6214 Administration, a Participation Agreement with Nippon, and authorize the City Manager to make minor modifications to the agreements, if necessary. Councilmember Di Guilio seconded the motion, which carried unanimously. 2. Board of Adjustment Appointments: Manager Madsen presented a summary of current vacancies on the Board of Adjustment. Councilmember Rogers moved to appoint the following to the Board of Adjustment: Nason Beckett for the term, 3/1/2008 - 2/29/2012; Chuck Whidden for the term, 3/1/2008 - 2/29/2012; and Craig Johnson for the unexpired term ending 2/28/201 I. Councilmember Perry seconded the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. 3. Request from Pacific Northwest Trails Association: Deputy Mayor Wharton noted that the City is in receipt of a request from the Pacific Northwest Trails Association via County Commissioner Doherty, asking that the City support the designation of an area trail as a National Scenic Trail. She added that this is not part of the Discovery Trail, but a back country trail in the mountains. Deputy Mayor Wharton stated she is simply looking for a motion to support the designation, with a formal letter of support to follow. At Council's request, she described the location ofthe portion of the trail under discussion. Discussion followed, with concern expressed regarding possible impact to private property owners. It was felt more information was needed. Staff will do additional research to ensure there is no negative impact and return this item for discussion at a future meeting. None. None. 1. Professional Services Agreement with FCSfor Utility Cost of Service Studies: Director Cutler asked that Item 1. 4. be addressed after this item in order to free Mr. Dunbar for the rest of the evening. Power Resource Manager Dunbar then provided background on the issue, stating a study is done every three years to evaluate the cost of services and rates for all City utilities, except Medic 1. This year, Water, Wastewater, and Solid Waste Collections and Transfer Station utilities are due for studies. A formal request for proposals was issued, and FCS Group submitted the most responsive proposal. Discussion followed, and staff responded to questions and provided clarification. Director Cutler provided information regarding cost saving measures realized by using web-based technologies to meet with the consultants, rather than paying travel expenses for them to come to Port Angeles. Councilmember Perry moved to authorize the Mayor to sign an agreement with FCS Group for financial services in an amount not to exceed $71,932, which includes Tasks 1-3 and 5-7 ofthe proposed Scope of Work. Deputy Mayor Wharton seconded the motion. Following further limited discussion, a vote was taken on the motion, which carried unanimously. 2. Bonneville Power Administration (BP A) Standstill and Interim Relief Payment Agreement: Power Resource Manager Dunbar provided background on the issue, eXplaining the successful court challenge on a BP A rate setting issue which resulted in a substantial wholesale power cost rebate upon completion of the proceedings. This Standstill and - 5 - 6215 CITY COUNCIL MEETING March 18, 2008 Bonneville Power Administration (BP A) Standstill and Interim Relief Payment Agreement (Cont'd) Power Pole Replacement Contract, Project No. WF- 5680 Water Materials Contract, Project No. DW -08-001 Discussion of Council Travel Budget Interim Relief Payment Agreement will return a portion ofthe money to the City prior to the conclusion of the rate case. This initial payment is thought to represent about two- thirds of the total, based on BP A's initial proposal. However, it is possible the settlement will be less, the rebate smaller, and the City may have to refund a portion of the monies e received per this Agreement. Following discussion and clarification, staff recommended accepting the partial settlement of $2.4 million over a two-year period and investing the money rather than leaving it with the BP A pending final settlement ofthe case. Manager Madsen stated this was a court decision, and some questions may have to be addressed in Executive Session. Attorney Bloor reminded the Council that this is an interim agreement and there could be additional funds coming in the future. If the City doesn't settle now, there is the possibility that BP A could keep any interest it makes on the refunds prior to settlement of the agreement. Councilmember Williams moved to authorize the City Manager to sign the Standstill and Interim Relief Payment Agreement with the Bonneville Power Administration. Deputy Mayor Wharton seconded the motion, which carried unanimously. 3. Power Pole Replacement Contract, Project No. WF-65680: Director Cutler summarized the need to replace a large number of deteriorating power poles. It is imperative to replace the deteriorated poles in order to maintain the integrity of the City's power system. Bids were requested and four responses received. Michels Power Division of Michels Corporation submitted the lowest responsible bid. Councilmember Di Guilio moved to 1.) authorize the transfer offunds in the amount of$70,000 from Account 401-7180-533.4150 to Account 401-7111-533.4810; and 2.) award and authorize the Mayor to sign a contract for the Power Pole Replacement Contract, Project No. WF-65680, with Michels Corporation, Tumwater, WA. Councilmember Kidd seconded the motion, which carried unanimously. 4. Water Materials Contract, Project No. DW-08-00J: Director Cutler explained water materials are bid annually, with vendors required to bid on two separate material schedules or any combination. It is understood that each schedule is awarded separately to the lowest responsible bidder. Deputy Mayor Wharton moved to authorize the Mayor to sign contracts and purchase orders with HD Supply Waterworks in the amount of$48,205.70, including tax, for Schedule A items; and with H.D. Fowler in the amount of $47,140.75, including tax, for Schedule B items. Councilmember Di Guilio seconded the motion, which carried unanimously. 5. Discussion of Council Travel Budget: Deputy Mayor Wharton asked to discuss the Council's travel budget, as she felt the community was interested in the Council's travel. She informed the Council of a Climate Change Conference sponsored by the Association of Washington Cities (AWe) on April 16th in Tacoma. Money had been budgeted for a trip to Mutsu City, but it appeared that will probably not occur this year. Therefore, she felt comfortable in asking that a portion of these funds be utilized for the Tacoma conference. Following discussion of the travel budget and questions posed regarding past travel budgets, Deputy Mayor Wharton moved to send two Councilmembers to the A WC Climate Change Conference in Tacoma, Washington on April 16, 2008, and those that attend the Conference report back to the Council at its first meeting in May. Councilmember Kidd seconded the motion. Further discussion and clarification ensued, and Finance Director Ziomkowski will provide details of past Council travel e budgets. A vote was taken on the motion, which carried unanimously. - 6- Equipment Purchase - Mobile Air Apparatus e CONSENT AGENDA: INFORMA nON: CITY COUNCIL COMMITTEE REPORTS: ADJOURNMENT: e CITY COUNCIL MEETING March 18, 2008 6216 6. Equipment Purchase - Mobile Air Apparatus: Director Cutler provided the background on the issue, reminding the Council that this item had unsuccessfully gone to bid in the recent past. Stafffeels that mutually agreeable terms could be reached with Freedom Fire Equipment of Marietta, Georgia, who had provided an unsigned bid due to some of the terms in the contract language. Director Cutler stated that upon successful negotiations, a contract will be brought back to a future meeting for Council approval. Councilmember Kidd moved to authorize the Director of Public Works & Utilities to negotiate a contract to purchase a new Mobile Air Unit Apparatus and return to Council with a negotiated contract for award consideration. Councilmember Perry seconded the motion, which carried unanimously. Councilmember Wharton moved to accept the Consent Agenda, to include: (1) City Council Minutes dated March 4'\ (2) Expenditure Approval List from 2/23/08 to 3/7/08 for $5,669,767.98; and (3) UAC Reappointment. The motion was seconded by Councilmember Kidd. Following discussion and clarification, a vote was taken on the motion, which carried unanimously. Manager Madsen reported on the issue with the fuel tanks at the Corporation Yard, which by State law must have a leak protection system in place. The tanks were tested, it was found the system was failing, and an emergency was declared allowing for sole source acquisition for repairs, which have been ordered. Director Cutler stated the Department of Ecology has inspected the tanks and is satisfied with the actions taken by the City to correct the problems. Manager Madsen also noted a mailing from A WC, reporting on the state of the cities as regards to infrastructure. It will be available to Council for review if desired. Referring to an e-mail he had sent out, Manager Madsen discussed problems occurring in the international banking community and financial markets, expressing concern regarding the global financial market. At his request, Director Ziomkowski explained how this affects the City's bond insurance, which then impacts the City's bond ratings leading to increased costs for bond issues. While there is no immediate impact, staff will be monitoring the situation very closely. Councilmember Rogers reported on her attendance at the National League of Cities meeting with Councilmember Williams and Manager Madsen. The primary focus was to meet with Senators Murray and Cantwell and Congressman Dicks to give them the City's financial picture. The City's only appropriation request was for the Gateway project. The delegation was supportive of the request, but noted it could take several years. Peninsula College held an economic development forum today, which Councilmember Rogers attended. She stated it was very informative and provided for a good exchange' of information. Jim Jones provided a state of the County, Councilmember Rogers gave the state of the cities, and President Keegan provided the College outlook. She noted Economic Development Director Rotmark also gave a presentation. Director Cutler announced the City's water system had been restored to a green rating by the Department of Ecology, a rating that is the highest given for water quality. The meeting was adjourned at 9:35 p.m. /r-Y ~ Ga~~or' I!>Jt1~~ ~~. Becky J. U n, Clerk - 7 -