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HomeMy WebLinkAboutMinutes 05/18/2004 5285 CITY COUNCIL MEETING Port Angeles, Washington May 18, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Rogers, and Williams. Members Absent: Councilmember Pittis. Staff Present: Manager Quinn, Attorney Bloor, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, C. Hagar, R. Hoffman, and P. Reifenstahl. Public Present: P. Lamoureux and T. Ahlgren. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led byDirector Collins. ALLEGIANCE: PUBLIC CEREMONIES, 1. Proclamation Recognizing May as National Foster Parents Month PRESENTATIONS AND PROCLAMATIONS: Mayor Headrick read the proclamation recognizing May as National Foster Parents Month and asked the representatives who were present to accept the proclamation and Proclamation Recognizing introduce themselves. They included Martha Hastings of the Department of Social and May as National Foster Health Services, who stated Pon Angeles ~vas fortunate to have great foster parents; Parents Month Stephanie Hills, a six-year foster parent who has adopted two of the children she fostered; and Tom Hostetler, a 17-year foster parent who serves on various foster parent committees. LATE ITEMS TO BE Paul Lamoureux asked if there would be a public hearing on the Hazard Mitigation PLACED ON THIS OR Plan. ChiefMcKeen responded there would be a presentation and public hearing. FUTURE AGENDAS: PUBLIC CEREMONIES, 2. William Shore Pool Renovation Recommendation Presentation PRESENTATIONS AND PROCLAMATIONS: Director Connelly stated that no action would be requested from the Council this William Shore Pool evening. The purpose was simply to hear the Pool Project Steering Committee's Renovation recommendation. The Committee has been looking at this project since 1998 and has Recommendation guided the work of an architect hired by the City in 1999 to do a feasibility study and analysis of the existing pool facility and develop options for a possible renovation. A conceptual plan for the existing pool was completed in 2002 and, this year, the Steering Committee has now developed a recommendation for moving the project forward. Director Com~elly introduced Peter Ripley, the newest member of the Committee, to present the Committee's recommendation. Councilmember Rogers asked if, before the presentation, Director Connelly could provide a list of the Committee members. They included Glenn Wiggins, Larry Doyle, Linda Berland, Leonard Beil, Lauren Erickson, 5286 CITY COUNCIL MEETING May 18, 2004 PUBLIC CEREMONIES, Rich Headrick, Leslie Perrizo, and Gary Braun. Councilmember Erickson added the PRESENTATIONS AND names of Barb Oliver and Patty Reifenstahl to the list. PROCLAMATIONS: Mr. Peter Ripley, 114 E. 6~h St., Apt. 102, stated that the Steering Committee urged the William Shore Pool Council to submit a bond measure before the voters on the November 2, 2004, ballot Renovation to fund improvements for renovating the William ShoreMemorial Pool at its present Recommendation (Cont'd) site based upon the current conceptual plan as prepared by ARC Architects. On a personal note, Mr. Ripley stated he was a frequent user of the pool, and he felt it was a good idea to renovate the pool. He also felt it should be left in its central location. Councilmember Erickson provided further information, stating that Lincoln Park was another site considered for the pool. The vote was close, but it was passed to keep the pool at its present site for placement on the ballot in November. Councilmember Braun asked what the vote was, and Director Connellyrecalled it was a 6-4 vote in favor of the present site. Further discussion followed with Councilmember Erickson and Director Connelly responding to questions and providing clarification. Councilmember Braun stated that he had hoped that a sports arena, which would include a pool, could be built at Lincoln Park. He felt that this would have been very beneficial to the City and would have attracted various sporting events. Councilmember Rogers felt there was a lot of missing data before a decision could be made, such as whether the current pool would be condemned within a few years. She stated that a lot of background informationwas missing and must be supplied before a decision could be made. Mayor Headrick stated that, for him, the deciding factor was the cost, as it would cost $4.3 million to renovate the current pool and $15 million for the Lincoln Park Sports Arena. Director Connelly stated a presentation could be held at the Council's convenience. He felt a work session would give the Council more opportunity to ask questions and obtain the necessary information in order to make this decision. Councilmember Erickson stated that this was just a first step and an attempt to get the ball rolling. Certainly more information would be provided in order to be able to make a decision. The current pool will probably last for several more years, and this was why the pool committee ~vas fom~ed six years ago. She reminded the Council that a vote had been taken to pay $30,000 to come up with the current design and then a feasibility study was performed. She pointed out that, even if a bond is passed this year, it could take several years to actually close the current pool and begin construction of a new pool. Councilmember Rogers asked if there was a feasibility study that would be provided to the Council, and Director Connelly responded affirmatively, stating it had been done in 1999. The study set the stage for the Steering Committee to begin the design process and preliminary construction estimates, etc. Manager Quinn suggested that a work session be scheduled. If the decision is made to proceed to a vote on a bond issue in 2004, time is of the essence. The information must be disseminated and a decision made prior to the end of June in order to place this item on the ballot. Councilmember Erickson suggested times for a special meeting, and brief discussion followed. Manager Quinn corrected his prior statement, inforrmng the Council that it did not have to make a decision by the end of June, but actually the formal date for placement on the November ballot would be in September. However, this does trim down the campaign time. Councilmember Rogers stated that she takes the bond issues very seriously; she asked that staff be fully prepared to explain how this project will be passed in a bond, knowing of all the other projects facing the Council that will require bond issues. Following further discussion regarding the restrictions placed on the Council in campaigning for bond issues, Councilmember Erickson moved to hold a special meeting for a work session on the swimming pool bond, on Wednesday, June 9, 2004, at 5:00 p.m. Councilmember Munro seconded the motion, which carried unanimously. -2- CITY COUNCIL MEETING 5287 May 18, 2004 WORK SESSION: None. FINANCE: 1. U.S. Dept. Of Justice - Office of Community Oriented Policing Services (COPS) Universal Hiring Program Grant Award U.S. Dept. Of Justice- Office of Community Chief Riepe reviewed the information and acknowledged the Chairman of the Citizen Oriented Policing Services Advisory Board, Joe Girard, stating he would be speaking to the Council this evening Universal Hiring Program regarding this issue. ChiefRiepe then expounded on the memo contained in the packet Grant Award andurgedthe Council to authorize the acceptance of this grant. ChiefRiepe stated that, even if 1-864 passes, this grant will benefit the City, as several police officers willbe retiring within the next few years. The grant would allow the City to hire an additional officer who could be trained and in place prior to the commencement of the impending retirements. Joe Girard, a member of the Law Enforcement Advisory Board, thanked the Council for the opportunity to speak to the issue. He realized there was a great demand on the City's resources; however, this is a winning opportunity for the community and the Police Department to take advantage of funding to train a new officer. He stated that the Law Enforcement Advisory Board urged the Council to accept the grant. ChiefRiepe again reminded the Council that there would be several retirements in the near future, and this was ail excellent opportunity to hire and train a new officer at no real cost to the City. Councilmember Braun agreed that this was a wonderful opportunity, and he stressed what a vital role the police play in the City's public safety. Councilmember Braun, therefore, moved to authorize the acceptance of the $75,000 COPS Universal Hiring Program Grant and the hiring of one additional (new position) police officer. Councilmember Erickson seconded the motion. Councilmember Rogers noted that a letter should be sent to Congressman Dicks thanking him for his support on this grant application. A vote was taken on the motion, which carried unanimously. Equipment Purchase - 2. Equipment Purchase - 1 O, 000 lb. Forkh'fi 10,000 lb. Forklift Director Cutler briefly reviewed the information provided after which, Councilmember Rogers moved to approve the purchase of a 10,000 lb. forklift for Light Operations and authorize the City Manager to sign the contract and purchase order with CB Toyota Lift. Councilmember Munro seconded the motion, which carried unanimously. Interlocal Agreement to 3. Interlocal Agreement to Purchase Street Sweeper Purchase Street Sweeper Director Cutler summarized the information pertinent to the issue. Councilmember Williams asked about the recent law suit regarding cities involved in joint purchasing. Director Cutler stated it was not a problem as long as proper bidding procedures are followed. Councilmember Williams moved to approve and authorize the City Manager to sign the Joint Purchasing Agreement with the City of Fircrest. Councilmember Braun seconded the motion, which carried unanimously. Councilmember Williams asked if Stormwater Utility funds would help purchase this equipment, and Director Cutler responded that, while it would be an appropriate way to spend the utility money, when the Council passed the Stormwater Utility it ~vas with the understanding that it would be project based. It was not intended that Stormwater Utility funds wouldbe used for procurement of this vehicle. Councihnember Williams asked where the money would come from for this purchase, and Director Cutler stated the money had been captured from the General Fund over the years and placed in the Equipment Services Fund. Councilmember Williams asked about the purpose of the street sweeper, and Director Cutler explained that the street sweeper allows the City to keep solids out of State waters, which contributes to potential pollution. -3- 5288 CITY COUNCIL MEETING May 18, 2004 Interlocal Agreement to Mayor Headrick stated that the Stormwater Ordinance could be revisited if Council Purchase Street Sweeper wished to change the way the money could be spent. Councilmember Williams (Cont'd) reminded the Council that the Stormwater Utility was implemented because the money spent for stormwater activities was coming from other funds causing non- related rates to be increased. I-Net Services Agreement 4. 1-Net Services Agreement Amendment Amendment Director Cutler reviewed the informationregarding this item. Councilmember Rogers added that the City is beginning to understand the advantage of fiber optics, as the pricing is four to one compared to an urban setting. The idea is to formulate a strategic plan that can also be leveraged by other organizations so that, as someone comes into Port Angeles, they understand they are entering fiber city because of the impact. This will be marketed by other entities to get out the word that Port Angeles is a broadband community, which will serve as both an internal and external recruitment tool. Councilmember Rogers felt the City had a huge success story to tell, with the best yet to come. Discussion followed, especially related to the City's return on the investment, and Councilmember Rogers reminded everyone that one of the reasons the City was able to recruit a technology company was because of the fiber optic service available. Councilmember Rogers moved to approve and authorize the Mayor to accept the proposed amendments to the Institutional Network Services Agreement. Councilmember Williams seconded the motion, which carried unanimously. Surplus Trees in Vicinity of 5. Surplus Trees in Vicinity of Morse Creek Morse Creek Director Cutler recapped the informationregarding this issue. Councilmember Munro recommended this go out to a broader list thansmall loggers and volunteered to help with this. He also asked if the City would need a permit to log, and Director Cutler responded affirmatively. Director Cutler stated he looked forward to working with Councilmember Munro on this issue. Councilmember Williams asked how the trees would be protected from theft. Director Cutler stated there was a gate in place, and Councilmember Munro stated it was rare to have a large number of trees stolen at one time; however, there is no guarantee. Councilmember Erickson moved to declare selected trees along the Morse Creek access road as surplus property to the City and, when sold, the money be placed in the General Fund. Councilmember Rogers seconded the motion, which carried unanimously. Electrical Transmission 6. Electrical Transmission Agreement Exhibit Revision Agreement Exhibit Revision Director Cutler stated this was simply some housekeeping to the original contract; he then briefly reviewed the changes to be made. Councilmember Braun moved to authorize the Director of Public Works and Utilities to sign Revision No. 2, Exhibit C, of the Bonneville Power Administration Transmission Contract. Councilmember Rogers seconded the motion, which carried unanimously. CONSENT AGENDA: Councilmember Erickson, happy to see the appointment of Markie Miller to the Parks, Recreation and Beautification Board, moved to accept the Consent Agenda, to include: 1.) City Council Minutes of May 4, 2004; 2.) Expenditure Approval List - May 10, 2004 - $796,707.82; 3.) Electronic Payments - May 10, 2004, - $409,770.51; 4.) Coordinated Prevention Grant Acceptance; 5) 5th & Race Signal, Project 01-10, Acceptance; and 6.) Appointment to Parks, Recreation and Beautification Commission. Councilmember Braun seconded the motion, which carried unanimously. Director Connelly pointed out that Ms. Miller was in the audience and stated the Parks Board was pleased to have her on the Board. -4- CITY COUNCIL MEETING 5289 May 18, 2004 Break Mayor Headrick recessed the meeting for a break at 7:07 p.m. The meeting reconvened at 7:19 p.m. PUBLIC HEARINGS - 1. Clallam Hazard Mitigation Plan OTHER: Fire Chief McKeen stated that he was presenting the Clallam County All Hazard Clallam Hazard Mitigation Mitigation Plan, which the Council is being asked to adopt by Resolution. Three of the Plan Councilmembers have reviewed the presentation, as they are on the Health and Safety Resolution No. 09-04 Committee, but he felt it was important as it is a fairly new Plan which has not previously been discussed. Also, being there will be a public hearing following the presentation, he felt it important that this information be disseminated to those present who wished to speak to the issue. Using PowerPoint slides, Chief McKeen explained Hazard Mitigation Grant Funding and the Disaster Mitigation Act of 2000. He informed the Council that, when a structure is repeatedly damaged due to such things as flooding, and repeatedly applies for and receives relief funding, it would behoove a community to apply for mitigation grant funding to purchase the property to ensure the property is not built on again, thereby saving federal as well as local dollars. ChiefMcKeen went on to state that the Disaster Mitigation Act of 2000 reinforces the act of mitigation. In order to obtain disaster mitigation funding, a Plan must be in place. This also serves as a guide and basis for local mitigation grant projects. He stated that, in 2002, Clallam County submitted a grant for the Plan and hired a consultant to formulate the plan. ChiefMcKeen then introduced Jane Pruess of Geo Engineers, who was the primary in putting together the County-wide Hazard Mitigation Plan. Ms. Pruess explained that, when there is a disaster and damage to public facilities, such as a culvert blowing out, there is a federal regulation mandating the city rebuild to predisaster standards unless there is a Plan in place or standards to which the repair must conform. Therefore, when a Plan is in place and if certain projects are mentioned if a disaster occurs, the City may apply for more funds and repair to a higher standard. Ms. Pruess then completed the Po;verPoint presentation, informing the Council of the steps taken to arrive at the final Mitigation Plan describing the key hazards for the County, such as severe storms and landslide and erosion, the mitigation plan, the mitigation goals and measures., proposed projects, and the Plan maintenance which includes periodic reviews and updating. Ms. Pruess responded to questions and provided additional information and clarification as she went along. Mayor Headrick opened the public hearing at 7:38 p.m. Councilmember Williams asked, if the City adopted a higher standard to take care of the bluff stabilization problem, would it be eligible for FEMA funds, providing a Mitigation Plan was in place. Chief McKeen explained what would have to take place in order for the bluff stabilization to be eligible for these funds. He reminded the Council that the funds must be applied for and are not guaranteed to be received. Attorney Bloor informed the Council that he had administered a similar grant in Eastern Washington several years ago under the law prior to the 2000 federal legislation. One of the criteria looked at was whether the cost of the proposed repairs was less than the potential savings in damage mitigation. In a downtown situation, this would probably be satisfied. Manager Quinn noted that the current Plan under discussion doesn't get this specific. ChiefMcKeen stated that it does have a section specific to Port Angeles, which can be tightened up. He restated that this Plan does provide periodic reviews based on new input and needs. After tonight's adoption, this part can be strengthened to meet the City's needs prior to submission to the State. Ms. Pruess stated that if there are any other changes staff or Council would like to incorporate, they should be submitted to Chief McKeen. -5- 5290 CITY COUNCIL MEETING May 18, 2004 PUBLIC HEARINGS - Mayor Headrick then recognized Paul Lamoureux, 602 Whidby Ave., who spoke in OTHER: support of the Mitigation Plan, feeling it was a viable recommendation and an opportunity to plan for an alternate route in and out of Port Angeles. Mr. Lamoureux Clallam Hazard Mitigation went on to state that, referring back to the Pool Renovation, he felt the agenda was Plan misleading regarding this issue and that anyone reading it or the packet would not know Resolution No. 09-04 that a work session would be held to discuss a sports arena versus a swimming pool. (Cont'd) As there was no one else present who wished to address the issue, the public hearing was closed at 7:51 p.m. Councilmember Braun agreed with Mr. Lamoureux regarding the need for an alternative escape route from Port Angeles in the event of a disaster. Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 09-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Clallam County Hazard Mitigation Plan to serve as a guide in reducing the City's risk from natural hazards. Councilmember Braun moved to pass the Resolution as read by title. Councilmember Williams seconded the motion. Discussion and clarification followed, and Councilmember Rogers asked about the School District being involved in the adoption of a Plan. Ms. Pruess agreed with Councilmember Rogers and explained what type of Plan is needed for the School District. She felt the City could work with the Schools to develop some priorities. A vote was taken on the motion, which carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: 1. Setting Public Hearing on 2004-2010 Transportation Improvement program and Capital Facility Plan. Setting Public Hearing on 2004-2010 Transportation Director Cutler stated this issue will be discussed over the next several Council Improvement Program and meetings and adopted, hopefully, at the meeting of July 6, 2004. Director Cutler gave Capital Facility Plan a PowerPoint presentation on the Capital Facilities Plan/Transportation Improvement Resolution No. 10-04 Plan for 2004. He explained why a CFP/TIP is necessary, which included satisfying State requirements for gro~vth management, as well as securing grant and loan funding, and how to use the project book distributed to the Council previous to this meeting. Director Cutler recapped the project selection criteria, and stated that the next workshop is scheduled for June 1, 2004, at which time he will review the projects in greater detail. The public hearing will be continued to the second meeting in June and, if no significant changes to the document have been required, the Council has the option of adopting the Plan at that time or continuing to July 6, 2004. Director Cutler briefly touched on Government Fund Project Allocations for 2004/2005, which will be discussed at greater length during the work session. He asked Council to get comments and questions to him prior to the work session to allow him the time to prepare answers and provide information. Director Cutler responded to questions and provided clarification as needed. -6- CITY COUNCIL MEET1NG 5291 May 18, 2004 RESOLUTIONS: Councilmember Rogers expressed concern that none of the projects addressed transportation, and Director Cutler stated that Council was free to change this Plan and Setting Public Hearing on reprioritize projects. Councilmember Munro inquired as to how much public input was 2004-2010 Transportation received, and Director Cutler responded that, sadly, there was very limited attendance Improvement Program and and comment from the public. Director Cutler asked that the Council pass the Capital Facility Plan Resolution to set a public hearing for June 1, 2004, Resolution No. 10-04 (Cont'd) Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 10-04 A RESOLUTION of the City Council of the City of Port Angeles Washington, setting a public hearing date for review of the Six-Year Transportation Improvement Program (TIP) and the Capital Facilities Plan (CFP) for the years 2004-2010. Councilmember Williams moved to pass the Resolution as read by title. Councilmember Braun seconded the motion, which carried unanimously. OTHER 1. Solid Waste Export and Transfer Station System Interlocal Agreement. CONSIDERATIONS: Director Cutler pointed out that he had distributed a sheet containing substitute Solid Waste Export and language for Section 5. He explained that this was revision 9.2, and this document was Transfer Station System very important as it wouldbe placed in the City's RFP/RFQ associated with the transfer Interlocal Agreement. station to replace the landfill. The staffs of Port Angeles, Sequim and the County have worked very hard on this agreement, and all agree on the verbiage this version contains. He asked the Council to approve the agreement and consider conducting a special meeting between the three agencies so all can sign the agreement as one, as this is a monumental event. Director Cutler then proceeded with a PowerPoint presentation which covered the background of this issue, the schedule for the process of closing the landfill and moving to a transfer system, the highlights of the Interlocal agreement, and the recommendations from staff. As part of this review, Director Cutler reviewed the provisions of the agreement and the responsibilities of each of the agencies. He informed the Council that a Joint Solid Waste Advisory Board (JSWAB) would be formed and would consist of two representatives each for Port Angeles and the County and one for Sequim. This is based on the current usage of the landfill. The County is being asked to process amendments that will require the disposal of all non-recyclable ,vaste at the transfer station as part of the Solid Waste Comprehensive Plan and also prohibit transfer stations not consistent with the comprehensive plan to ensure sufficient waste stream at the transfer station. Also, the County has been asked to form a disposal district if it becomes necessary. Director Cutler reviewed the duration of the contract, governance and rates, and access to records, which are open to review by all parties. He stated that, upon termination of the Agreement, separately owned assets stay with the party and no party assumes liability. Director Cutler concluded his presentation by informing the Council that any amendments to the agreement must be approved by all parties, all parties must agree to withdrawals, and he then reviewed allocation of risk. Councilmember Rogers thanked staff for the hard work they put in on this project and noted what a long process was needed to finally arrive at this step. Director Cutler then responded to questions posed by the Council and provided clarification on several items covered by the agreement. Councilmember Munro expressed concern over post- closure costs and if there were enough funds to cover these expenses. Finance Director Ziomkowski explained the accounts that have been set up for closure and post-closure -7- 5292 CITY COUNCIL MEETING May 18, 2004 OTHER expenses. She stated that, by 2006, there would be enough money accumulated for CONSIDERATIONS: closure costs, but money for the post-closure care would continue to accumulate until about the year 2014. She pointed out that both funds willcontinue to collect interest Solid Waste Export and over their lifetime. Discussion continued regarding funding and other areas of the Transfer Station System agreement, and staff`provided additional information and clarification. Councilmember Interlocal Agreement Munro asked if an arbitration clause was necessary to this contract; it is not necessary (Cont'd) for this type of contract. Following further discussion and clarification, Councilmember Erickson moved to approve the proposed Interlocai Agreement and set a Special Council Meeting for May 27, 2004, to be held at 6:00 p.m. or at a time to be determined as negotiated with the City of Sequim and Clallam County. Councilmember Rogers seconded the motion. Discussion followed regarding the time of the meeting. Councilmember Erickson amended her motion to meet at 3:00 p.m. and Councilmember Munro seconded the amendment, and the motion carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Manager Quinn referred to page 89, Combined Sewer Overflow, and asked Council to note the proposed actions and dates in the schedule. He also commented on the success of the visit to Japan. Negotiations have been entered into with Mutsu City for a number of items which include building a common monument near the Friendship Bridge and at a park in Mutsu to signify the Sister City relationship. Also discussed was the importing of goods from Mutsu for sale in Port Angeles and exporting some of the City's products for sale in Mutsu City. It was also agreed to import some cherry trees from Mutsu to be planted in Port Angeles. The last thing is the possible exchange of some teachers and staff between the two cities. EXECUTIVE SESSION: Mayor Headrick advised the Council there was need for an Executive Session subject to Subparagraph (i), RCW 42.30.110, that allows consultation with legal council, for the consideration of a matter of potential litigation. He projected the approximate length to be one- half hour, and action may be taken. The meeting adjourned to Executive Session at 9:09 p.m. At 9:40 p.m., the meeting was extended to 10:20 p.m. by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 10:20 p.m., and the Council reconvened in regular SESSION: open meeting. ADJOURNMENT: eting was adjou ed at 10:20 p.m. l~ichard A. Headrick, Mayor -- Becky J.~U~to~lCity"l~lerk- v 1-- -8-