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HomeMy WebLinkAboutMinutes 04/17/2007 e e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENTATIONS: Recognition of Earth Day Recognition of Be Kind to Animals Week Recognition of Occupational Therapy Month Recognition of Scott Brodhun 6060 CITY COUNCIL MEETING Port Angeles, Washington April 17 , 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:03 p.rn. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, D. Lusby, B. Peterson, N. West, T. Pierce, T. McCabe, D. Estes, S. Roberds, S. Sperr, P. Breitbach, and G. Kenworthy. Public Present: R. Sorensen, L. Schromen-Wawrin, D. Cramer, P. Milliren, P. Lamoureux, and C. Kidd. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Headrick, followed by a moment of silence in memory of those killed in the Virginia Tech tragedy. 1. Proclamation in Recognition of Earth Day: Mayor Rogers read and presented a proclamation to Public Works & Utilities Director Cutler, declaring April 22, 2007, as Earth Day. 2. Recognition of Be Kind to Animals Week: Mayor Rogers read a proclamation declaring May 6 - 12,2007, as Be Kind to Animals Week. Accepting the proclamation were Rick Collord, Executive Director of the Clallam County Humane Society; Sue Miles, Chair of the Animal Issues Advisory Committee; and Diana Lusby, the City's representative to the Animal Issues Advisory Committee. 3. Proclamation in Recognition of Occupational Therapy Month: Mayor Rogers read a proclamation declaring the month of April, 2007, as National Occupational Therapy Month. 4. Proclamation in Recognition of Scott Brodhun: Mayor Rogers read and presented a proclamation to Scott Brodhun, honoring his contributions to the City of Port Angeles, the Port Angeles School District, and the entire community. - 1 - 6061 CITY COUNCIL MEETING April 17, 2007 WORK SESSION: City/Port Angeles School District Facilities Use Agreement Comprehensive Solid Waste Management Plan (CSWMP) Update 2006 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: 1. City/Port Angeles School District Facilities Use Agreement: Mayor Rogers announced that the matter of the City/Port Angeles School District Facilities Use agreement will be deferred to a future meeting of the City Council. e 2. Comprehensive Solid Waste Management Plan (CSWMP) Update 2006: Public Works & Utilities Director Cutler introduced the update of the Comprehensive Solid Waste Management Plan, the County's effort to manage waste. The Solid Waste Advisory Committee has developed an update to the plan, and the services ofParametrix were engaged based on their experience. A presentation on the plan was already given to the Utility Advisory Committee, the County Commissioners, and the City of Sequim; the plan is also being reviewed by the tribes, the City of Forks, and Olympic National Park. Jenny Bailey, Parametrix, was present to submit the update, after which it is recommended that the Council pass a Resolution of adoption. Ms. Bailey, with the use of PowerPoint slides, discussed the fact that the County is required to prepare a coordinated solid waste management plan with the cities in the county. The plan must be updated every five years, and this particular update is fairly substantial. Ms. Bailey reviewed the elements of the Plan, discussing conversion to an export and transfer system, other disposal options in terms of biomass- to-energy, efforts toward waste reduction and recycling with a County-wide goal 000%, and efforts toward composting and mulching. She indicated there are several wastes noted in the plan, such as construction and demolition waste, electronic waste, auto hulks, and pharmaceutical waste. The final plan will be submitted to the Washington Department of Ecology for approval, after which implementation will commence. Discussion followed on when the County might mandate waste pick-up, the possible use ofthe biomass technology for energy creation, and the nature of pharmaceutical waste as relates to water quality. Councilmember Munro noted the current positive market for automobile hulks, and he urged the County to advance its efforts on the clean-up of the junk vehicles. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 6-07 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Clallam County Comprehensive Solid Waste Management Plan update. Councilmember Wharton moved to pass the Resolution as read by title. Councilmember Braun seconded the motion, which carried unanimously. Peter Ripley, 114 E. 6th, #102, provided the Council with a proposed Organizational Plan and Initiative for the "Disability Assistance Trust Organization (D.A.T.O.), which he developed to provide funding assistance for those with disabilities in such areas as needed repairs and purchases of wheelchairs. Don Cramer, 224 W. 3rd Street, referenced a rally held on global climate change, and he stated his appreciation of the City's assistance during the function. Appreciating the Council's stated interest in caring for the environment, he recommended the Council create a task force to work on global climate change as relates to this community. He distributed a copy of a resolution recently adopted by Clallam County on the subj ect, and he submitted petitions containing 147 signatures to the City Clerk asking local leaders to develop a program that will reduce carbon emissions 80% by 2050. e Rob Sorensen, 321 South Ennis Street, Co-Director of Marketing for Fine Arts Center, addressed the Council on the entryway to the Fine Arts Center; he urged the Council to - 2 - e LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) Break CITY COUNCIL COMMITTEE REPORTS: FINANCE: Parametrix 2007 Consultant Agreement PUBLIC HEARINGS - OTHER: Adamich Annexation Ordinance No. 3278 e First Christian Church Street Vacation Ordinance No. 3279 CITY COUNCIL MEETING April 17, 2007 r, 6062 proceed with the project, as the result will be quite beneficial in terms of attendees and sponsorships. Paul Lamoureux, 602 Whidby, reiter~ted a previous request he submitted for the placement of a mural on the reservoir in the vicinity of the Fine Arts Center. He also recalled a tribal offer previously made concerning the use of biomass energy. Mayor Rogers recessed the meeting for a break at 7:00 p.m. The meeting reconvened at 7:10 p.m. None. 4. Parametrix 2007 Consultant Agreement: Deputy Director of Engineering Services Kenworthy discussed the consultant agreement with Parametrix for 2007, reviewing in detail the scope of work related to solid waste activities and landfill closure. Tasks include operations support, final closuredesign and construction support, and shoreline stabilization construction support. The agreement was recommended for approval by the Utility Advisory Committee. Brief discussion followed, with Mr. Kenworthy providing further information on the selection of Parametrix based on knowledge and experience with the City's Solid Waste and Landfill projects. Councilmember Braun moved to approve and authorize the Mayor to sign an agreement with Parametrix for 2007 Engineering Services in the not to exceed. amount of $694,491, which includes $50,000 for directed services that can only be used with staffs prior approval. The motion was seconded by Councilmember Wharton and carried unanimously. 1. Adamich Annexation: Principal Planner West summarized the proposed annexation of approximately 4.94 acres located at the southeast comer of the intersection of McDougal Street and Homestead Avenue. In that the Boundary Review Board has filed a letter of exemption on the annexation, the City Council can now proceed to adoption of the Ordinance. Mayor Rogers continued the public hearing at 7: 17 p.m. There being no public testimony, the public hearing was closed at 7: 17p.m. Mayor Rogers conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3278 AN ORDINANCE of the City ofport Angeles, Washington, adjusting the corporate boundary of the City of Port Angeles to include property at the southeast comer of the intersection of Homestead Avenue and McDougal Street for the purpose of providing municipal services. Deputy Mayor Williams moved to adopt the Ordinance as read by title. Councilmember Headrick seconded the motion and suggested the legal description be checked to assure it is reconciled with the map. A vote was taken on the motion, which carried unanimously. 2. First Christian Church Street Vacation: Planner West advised the Council that the first reading of the Ordinance and a public hearing was conducted on Apri14t\ the Ordinance is recommended for adoption. Mayor Rogers continued the public hearing at 7:20 p.m. There being no public testimony, the public hearing was closed at 7:20 p.m. - 3 - 6063 CITY COUNCIL MEETING April 17, 2007 First Christian Church Street Vacation Ordinance No. 3279 (Cont'd) PUBLIC HEARINGS - QUASI-JUDICIAL: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Authorizing Housing Authority to Conduct Business in City Resolution No. 7-07 Waive Second Reading of Ordinances Regarding Final Approval of Subdivisions Resolution No. 8-07 Mayor Rogers conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 3279 e AN ORDINANCE of the City ofPort Angeles, Washington, vacating a portion of Bye Avenue and the alley lying within Block 8, Dann's Park Addition, in Port Angeles, Clallam County, Washington. Councilmember Munro moved to adopt the Ordinance as read by title, citing Findings 1 - 9 and one Conclusion, as set forth in Exhibit "A", which is attached to and becomes a part ofthese minutes. The motion was seconded by CounciJmember Wharton and carried unanimously. None. None. 1. Resolution Authorizing Housing Authority to Conduct Business in City: Attorney Bloor explained that, by statute, the Housing Authority of the County ofClallam is required to have authority from the City Council to function within the City. Over several years, the Housing Authority had a series of agreements with the City for the construction and operation of specific projects; however, the Housing Authority never had a general grant to operate within the City. He added that the Resolution is retroactive to the time the Housing Authority began operating within the City limits. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 7-07 A RESOLUTION of the City Council of the City of Port Angeles, Washington, determining that there is a need for the Housing Authority of the County ofClallam to function in the City, and ratifying action of the Housing Authority. CounciJmember Wharton moved to pass the Resolution as read by title. The motion was seconded by CounciJmember Braun and, following brief discussion, a vote was taken on the motion, which carried unanimously. 2. Resolution to Waive Second Reading of Ordinances Regarding Final Approval of Subdivisions: Attorney Bloor summarized the proposed change to the City Council Rules of Procedure, whereby the second reading of Ordinances for final approval of subdivisions would be waived. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 8-07 A RESOLUTION OF THE City Council of the City ofPort Angeles, Washington, amending Section 7 of the Council's Rules of Procedure, Agenda. Deputy Mayor Williams moved to pass the Resolution as read by title. The motion was seconded by CounciJmember Petersen and carried unanimously. e - 4 - OTHER CONSIDERA nONS: e EWTP Easement FINANCE: Amendment #1, Brown & Caldwell Consultant Agreement ..,11.' " f. .0\: Public Works Trust Fund Loan Applications for CSO Phase I Projects Brown & Caldwell Consultant Agreement CSO Phase I Projects e CITY COUNCIL MEETING April 17, 2007 ) 6064 1. EWTP Easement: Director Cutler explained this is the third and final easement in conjunction with the removal of the Elwha Dams and construction of the Elwha Water Treatment Plant with the National Park Service. He used PowerPoint slides to show the locations of the easements, noting the City is being reimbursed for putting the easement documents together. The easement was recommended for approval by the Utility Advisory Committee. Following brief discussion, Councilmember Munro moved to approve and authorize the City Manager to sign an easement and related documents for the construction, operation, maintenance, implementation, repair, and inspection ofthe Elwha Water Treatment Plant with the NPS. The motion was seconded by Councilmember Petersen and carried unanimously. Mayor Rogers recognized Manager Madsen, Attorney Bloor, and Director Cutler for their hard work in getting the easements finalized. 1. Amendment #1, Brown & Caldwell Consultant Agreement 06-05: Director Cutler introduced Engineering Manager Sperr, who provided background information on the proposed amendment to the agreement with Brown & Caldwell. He summarized the tasks on wastewater efforts that encompass, among other things, the CSO Comprehensive Reduction Plan, the Update to General Sewer Plan, and the Eastern UGA Sewer Extension. It was noted that the work for the Eastern UGA sewer was discussed' with County staff, as the County will be paying the $140,000 for that task under the .4esign/construction phase of the project. Following brief discussion, Councilmember " Wharton moved to approve and authorize the Mayor to sign Amendment No.1 to Agreement 06-05 with Brown & Caldwell, increasing the maximum compensation amount under the agreement by $187,000, from $850,000 to $1,037,000. Councilmember Braun seconded the motion. Discussion ensued and, in response to questions raised by the Council, Manager Madsen and Director Cutler provided clarification as to necessary amendments that are often identified during the design phase. A vote was taken on the motion, which carried unanimously. 2. Public Works Trust Fund Loan Applications for CSO Phase I Projects: Director Cutler presented information on loan applications for Public Works Trust FUnds to assist in funding $19 million in Combined Sewer Overflow (CSO) Phase I projects. The loans were considered by the Utility Advisory Committee and, if approved, they will be returned to the Council for approval. Engineering Manager Sperr discussed the components of the project and the fact that these particular requests are for additional design and construction. Deputy Mayor Williams moved to approve the applications and authorize the Mayor to (1) sign a PWTF Pre-Construction Loan Application certification in an amount not to exceed $885,000, and (2) sign a PWTF Construction Loan Application certification in an amount not to exceed $10,000,000. Councilmember Braun seconded the motion. Discussion ensued, and Director Cutler provided additional information on the source of matching funds, the selection process used in selecting Brown & Caldwell as the consultant, and the impact of the unfunded mandates. A vote was taken on the motion, which carried unanimously. 3. Brown & Caldwell Consultant Agreement CSO Phase I Projects, Amendment No.2: Director Cutler discussed the design for CSO Phase I projects, and Engineering Manager Sperr advised the Council that this agreement and Amendment No. 1 dealt with the design and scope of each of the projects. There was an understanding that detailed design would commence once the pre-design was complete. Mr. Sperr reviewed the tasks and associated budgets, after which Deputy Mayor Williams moved to approve and authorize the Mayor to sign Amendment No.2 to the agreement with Brown & Caldwell for the detailed design of CSO Phase I projects, increasing the maximum - 5 - 6065 CITY COUNCIL MEETING April 17, 2007 Brown & Caldwell Consultant Agreement CSO Phase I Projects (Cont'd) CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: compensation amount under the agreement by $1,320,000, from $425,000 to $1,745,000. The motion was seconded by Councilmember Headrick and carried unanimously. e Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council minutes dated March 16,2007; 2.) City Council minutes dated April 4, 2007; and 3.) Expenditure Approval List - $763,074.90. The motion was seconded by Councilmember Munro and carried unanimously. None. Based on input from Attorney Bloor, Mayor Rogers announced the need for an Executive Session under the authority of RCW 42.30.110(l)(c), real estate, and RCW 42.30.11O(l)(i), potential litigation, for approximately 35 minutes with no action to follow. The Executive Session convened at 8:23 p.m. The Executive Session concluded at 8:56 p.m., and the Council convened in regular open session. No action was taken. />0 ~jlG .1 ~ Becky 1. Upto Ci Clerk e - 6 - . . Exhibit" A" ..~ FINDINGS AND CONCLUSIONS IN SUPPORT OF STREET VACATION STV 06-05 - FIRST CHRISTIAN CHURCH: Findings: 1. A petition requesting vacation of Bye Avenue and the Bye A venue/Race Street alley located west of Race Street was submitted on November 7,2006. 2. RCW 58.17 requires that a petition be submitted containing the signatures of two thirds of the abutting property owners in order for consideration of a vacation of rights-of-way. The subject petition is signed by 100% of the abutting property owners. 3. The subject site is zoned RS-7 Residential Single Family and is developed with a church structure. Surrounding properties are zoned RS-7 and Public Buildings and Parks (PBP). The Olympic National Park Headquarters is found immediately south of the site with other surrounding uses being residential. 4. Peabody Creek crosses the property from south to north. Development of that portion of the site containing the corridor will be reviewed under the City's development standards as they relate to environmentally sensitive areas. 5. The City of Port Angeles' Real Estate Committee met on January 8, 2007, and established a value for the unopened right-of-way. 6. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code. 7. On February 21, 2007, the City Council set a hearing date for consideration of the petition by Resolution 5-07, as April 4, 2007, and referred the matter to the Planning Commission for a recommendation. 8. Legal publication was provided with regard to the Planning Commission's consideration of the proposed vacation in the Peninsula Daily News on March 13, 2007. No public comment was received as a result of the legal notification. 9. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on March 28,2007, and forwarded a recommendation to the City Council. Conclusion: The vacation will not result in a change or disruption of the traffic in the area. The unopened rights-of-way serve no purpose to the current or long range transportation needs of the City. Adopted by the Port Angeles City Council at its meeting of 0pW- J 7) c5? DO 7. q{~~~ 8o~.jfP^ Becky J. U n, ty Ckr -