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HomeMy WebLinkAboutMinutes 05/20/2003 4945 CITY COUNCIL MEETING Port Angeles, Washington May 20, 2003 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, L. Dunbar, J. Harper, and B. Kajfasz. Public Present: T. Price, J. Nixon, G. Birch, N. Brown, T. May, C. & P. Johnson, K. & G. Gordon, P. Lamoureux, J. Kailin, T. Locke, J. Clevenger, J. Leskinovitch, and C. Greenway. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Campbell. ALLEGIANCE: PUBLIC CEREMONIES, 1. Washington Parks and Recreation Association Award of Excellence to Port PRESENTATIONS AND Angeles for Webster Woods: Art Outside at Fine Arts Center: PROCLAMATIONS: Ms. Brit Kramer, Executive Director of the Washington Recreation & Parks Washington Parks and Association, presented Mayor Wiggins with the Association's 2003 Spotlight Facility Recreation Association and Parks Award of Excellence and the 2003 Spotlight Media Award of Merit for the Award of Excellence to Center's promotional brochure. Following brief comments of appreciation by the Port Angeles Fine Arts Mayor, Parks & Recreation Director Connelly acknowledged the Fine Arts Center Center Director, Jake Seniuk, as well as those present this evening representing the Center's Trustees, Friends, and Foundation members: Jim & Anne Butler, Darlene Ryan, Scott Nagel, Mim Foley, Gary and Krys Gordon, and Jenny and Vi Nixon. Proclamation Honoring 2. Proclamation in Honor of SSt. Brendon Reiss: Sst. l~rendon Reiss Mayor Wiggins postponed the presentation of the proclamation honoring Sgt. Reiss pending the arrival of Mr. Brian Reiss. WORK SESSION: EMMT Watershed Plan Draft/Recommendations: EMMT Watershed Plan Community Development Director Collins opened the Work Session on the EMMT Draft / Recommendations Watershed Plan Draft by noting the importance of the watershed planning efforts that have been ongoing for 2 - 3 years. Based on State legislation, the City has the opportunity to veto any portion of the Plan; however, if the City agrees to the Watershed Plan recommendations, then it must follow those recommendations that have not been vetoed by any of the five initiating governments. Director Collins discussed the upcoming schedule for further EMMT workshops and informed the Council that, once the draft plan is completed and any vetoes removed, the plan will -1- 4946 CITY COUNCIL MEETING May 20, 2003 WORK SESSION: be forwarded to the County Commissioners for a public hearing and adoption in late (Cont'd) summer or early fall, 2003. Councilman Campbell and Director Collins have identified certain aspects of the Plan that are being recommended for veto, should the revised EMMT Watershed Plan language not be adopted. The Council will likely be provided the revised language Draft / Recommendations agreed to by the EMMT group at the second Council meeting in June, and Director (Cont'd) Collins clarified that some items recommended for veto are being "set aside" pending a further understanding of those specific items. Director Collins referenced an additional document prepared by Councilman Campbell and just distributed to the Council, reflecting concerns with unfunded mandates and member agencies granting away powers of authority. Director Collins identified one of the key issues in the Plan as having to do with the possibility of the Port Angeles water supply serving as the regional water supply. Another important facet of the Plan is the focus on establishing instream flows that place more emphasis on fish restoration than human need. Councilman Campbell and Director Collins have recommended that this portion be placed in a separate chapter in the Plan. In responding to a question from Mayor Wiggins, Director Collins clarified that underscored language in the Plan before the Council this evening reflects the proposed changes brought forward for Council consideration this evening. If the proposed changes are not adopted, then it is recommended that the Council veto those entire sections of the Plan. Councilman Campbell referenced Section 3.6.1., Watershed Management, sharing concern that the entire Watershed Plan is heavily weighted toward fish restoration instead of serving people. He noted it does not provide for municipal growth but, rather, promotes growth outside the Urban Growth Area. Further, there are many unfunded mandates for the City in the proposal, and there is a need to fully identify where staffing and funding for the Watershed Council and Technical Committee would be generated. Councilman Campbell felt that these issues need to benegotiated with the rest of the management team for modification to a less onerous conclusion. Mayor Wiggins thanked Councilman Campbell for his hard work and diligence on this project. Director Collins referred to the matrix on Page 10, setting forth the pros and the cons of the specific sections being referenced. It is recommended that the Council endorse the items contained in Pages 6 - 9, plus those offered separately in Councilman Campbell's document. Proclamation Honoring 2. Proclamation in Honor of Sgt. Brendon Reiss: Sgt. Brendon Reiss At this time, noting the arrival of Mr. Brian Reiss, Mayor Wiggins suspended the Work Session temporarily to present Mr. Reiss with a proclamation honoring his son, Sgt. Brendon Reiss, U.S. Marine Corps, who was killed in action in Iraq on March 23, 2003. After accepting the proclamation read by the Mayor, Mr. and Mrs. Reiss addressed the Council and audience, expressing appreciation for the support and prayers offered by individuals in Port Angeles and throughout the Peninsula. WORK SESSION: EMMT Watershed Plan Draft / Recommendations (Cont'd): Attention was again (Cont'd) directed to the Watershed Plan, and Director Collins noted that Councilmember Erickson had been involved in the EMMT group during its earlier stages. He then EMMT Watershed Plan provided clarification and answered questions pertinent to specific language in the Draft / Recommendations Plan. Councilman Williams was troubled by the lack of definitions in the Plan, such (Cont'd) as the use of the word "encourage". Councilman Campbell, referencing Chapter 3.3.(2).A. 1 - Minimum Instream Flows, felt that the instream flow calculation was a very imprecise science, and more than just biologists should be involved in setting the standards. Councilman Williams inquired as to whether the Plan, if adopted by all parties, has the effect of law. Director Collins indicated it serves as a policy that must be adhered to by the participating agencies, but it does not have the effect of law. Attorney Knutson added that the Plan can be compared to a Comprehensive Plan, with specific regulatory provisions coming out of the process, but the broad policy -2- CITY COUNCIL MEETING 4947 May 20, 2003 WORK SESSION: provisions aren't going to be enforced to the maximum extent ina legally mandatory (Cont'd) manner. He continued that there are general policy and planning-type provisions that all of the governments endorsing the Plan agree to use in establishing their specific EMMT Watershed Plan policies on how they will deal with water related issues. There are certain mandatory Draft / Recommendations issues that had to be addressed in the Plan, such as setting forth how much water is (Cont'd) available in the region, which then becomes a tool for making future decisions on how to use that water. The Plan does not, however, mandate how the water will be used. Discussion ensued, with Director Collins explaining the rationale used in the revised language being proposed. Concern was expressed with the use of "should" versus "will" in 3.4.12.A and 3.4.12.B, and Councilman Williams recommended that consistency needs to prevail. Councilmember Rogers queried as to the Waterfront Trail and Olympic Discovery Trail, the associated language regarding the trail link and funding, and the reason for inclusion in this Plan. Councilman Campbell surmised that many people would like to see the Waterfront Trail go up Valley Creek; Director Collins felt many promoters of the Valley Creek Park idea would like to eliminate other private uses for this area, resulting in a City-funded park. Although the City endorses restoration and public use of the area, it is reluctant to receive a mandate such as this via the Watershed Plan. Councilman Braun referenced Clean-up Standards, asking ifa list has been established of those areas qualifying under this category. Councilman Campbell indicated the State has a five-year plan underway for the Rayonier site, and the group is in the process of identifying any others that may qualify. Councilmember Rogers directed attention to the Limiting Factors and restoration of the stream meander; she questioned where the money is going to be generated. She felt it troublesome that certain measures are being incorporated in the plan that will require a level of funding. Mention was made of the stream meanders and the Limiting Factors, and Councilman Campbell felt they should not be made a part of the Plan but, rather, should be referenced in an Appendix. Lengthy discussion followed, with Councilman Campbell and Director Collins responding to inquiries from the Council. Councilmember Rogers suggested that the word "encourage" be changed to "urge" in Water Quantity Recommendation #8 as relates to industries scheduling maintenance closures to coincide with typical low flow periods in the Elwha River. She also asked for a spelling review on Page 10. Director Collins reviewed the process to be followed from this point on, after which Councilman Headrick moved to adopt the recommendation forwarded by Councilman Campbell and Director Collins to veto the identified items including those submitted by Councilman Campbell regarding Chapter 3.6.1, and as amended by the Council's comments submitted this evening. The motion was seconded by Councilman Braun and carried unanimously. LATE ITEMS TO BE Mayor Wiggins moved Agenda Item I. 1. on Fluoridation to the Finance Agenda in PLACED ON THIS OR order to accommodate those individuals attending the meeting for that particular matter. FUTURE AGENDAS: Manager Quinn asked that Item 1.3., Solar Water Heating, also be moved to the Finance Agenda. Paul Lamoureux, 602 Whidby, referencing the Roof Drain Disconnect Project, reiterated past comments submitted to the Council regarding project cost overruns. He offered further words of caution in that regard. On the matter of fluoridation and the MemorandumofUnderstanding to be addressed this evening, Mr. Lamoureux observed that $3,400 had already been spent by the City on fluoridation. He expressed concern with the manner in which the decision was made to fluoridate the City's water supply, suggesting that further study would be in order. -3- 4948 CITY COUNCIL MEETING May 20, 2003 FINANCE: 1. Fluoridation Project Memorandum of Understanding between CH2M Hill, Washington Dental Service Foundation, and City of Port Angeles: Fluoridation Project Memorandum of Under- Public Works & Utilities Director Cutler reviewed the proposed Memorandum of Standing Understanding between the City, CH2M Hill Constructors, and the Washington Dental Service Foundation with regard to the gift of grant funding by the Foundation to the City for water fluoridation. Director Cutler indicated that the City can move forward with the project once it has received Department of Health approval. The MOU was presented to the Utility Advisory Committee, and approval was recommended. Director Cutler indicated that, since that time, some minor changes weremade to the Agreement. Mayor Wiggins asked about the $3,400 expenditure noted earlier by Mr. Lamoureux, and Director Cutler responded he would need to seek more details, but that expense was likely related to some preliminary work already done by CH2M Hill. Couneilmember Rogers moved to authorize the Mayor to sign a Memorandum of Understanding with the Washington Dental Services Foundation and CH2M Hill Constructors, Inc., to expedite the funding and construction of a fluoridation system for the City's water supply. The motion was seconded by Councilman Braun. In the ensuing discussion, Director Cutler provided clarification pertinent to the Agreement based on questions raised by the Council. Councilman Williams noted that, because this is not a legal contract, he would vote in favor of the agreement in spite of his unhappiness with the decision-making process. A vote was taken on the motion, which carried unanimously. Consultant Agreement with 2. Consultant Agreement with Parametrix, Inc., for Engineering Services: Parametrix, Inc. Director Cutler provided a summary of the proposed consultant agreement with Parametrix, Inc., for engineering services related to the solid waste area. He referenced the Scope of Work and informed the Council that the contract is not to exceed $212,322. Parametrix has provided excellent service to the City, and Director Cutler indicated staff would return to the UAC and Council at a later date for follow-on work. Director Cutler referenced the list of tasks to be accomplished, specifically Item No. 6 which involves site development planning at the Landfill. The City is currently giving consideration to locating the domestic water treatment facility, to be constructed by the National Parks Service, at the south end of the Landfill. The Parks Service requested site planning services at an estimated costof $24,000; it is anticipated that the City will receive full reimbursement from the Parks Service for that expenditure. Councilman Campbell moved to approve and authorize the Mayor to sign an Agreement for Professional Services with Parametrix, Inc. Couneilmember Erickson seconded the motion, which carried unanimously. Construction of Oil 3. Construction of Oil Handling & Warehouse Building, CL 82-99: Handling & Warehouse Building Director Cutler presented information relative to the construction of the oil handling and warehouse building, noting that projected costs have increased due to the consultant's suggestion for certain additions to the design of the project. Director Cutler itemized and explained those items, to include an oil resistant liner under the concrete slab floor, the installation of a restroom, and installation of asphalt pavement in front of the proposed building. Other additional project costs, such as the addition of sales tax, were noted by Director Cutler, and he proposed that a full build-out of the restroom be deferred to a later date. Councilmember Rogers indicated the matter was fully debated at the level of the Utility Advisory Committee, but she suggested the restroom be completed at this time. She also queried as to any ADA requirements that may be associated with the building. Director Cutler was uncertain as to any ADA requirements, but he did advocate the -4- CITY COUNCIL MEETING 4949 May 20, 2003 Construction of Oil completion of the restroom in view of the fact various employees will be occupying the Handling & Warehouse building at different times. Discussion followed, after which Councilman Williams Building (Cont'd) moved to approve the allocation of additional funds from Light Fund reserves, in the amount of $45,000, to include $29,000 to cover the increased cost of the building plus $16,000 for the addition of an oil impervious liner, to include the construction of the restroom at $10,000, and to direct staff to proceed with bidding for the construction of the Oil Handling and Warehouse building. The motion, which was seconded by Councilmember Erickson, carried unanimously. Councilman Williams suggested the possibility of this facility being shared with thc County or with Clallam Transit. Break Mayor Wiggins recessed the meeting for a break at 7:35 p.m. The meeting reconvened at 7:50 p.m. Solar Water Heating 4. Solar Water Heating Program Agreement: Program Agreement Power Resource Manager Dunbar presented information relative to the License Agreement between the City and the Bonneville Power Administration and an amendment to a contract with City-authorized contractors for a solar water heating program. Mr. Dunbar explained that the programpromotes renewable energy in a form that is not depletable. It was developed by the Eugene, Oregon, Water and Electric Board, has recently been purchased by Bonneville, and is being made available to Bonneville customers on a contract basis. Mr. Dunbar indicated the City will conduct a workshop this coming month to promote customer participation, and the initial program will involve two pilot projects. Councilmember Erickson, noting this was discussed at length by the Utility Advisory Committee, moved to approve the Bright Way to Heat WaterTM License Agreement with the Bonneville Power Administration and authorize the Director of Public Works & Utilities, or his designee, to enter into Amendment No. 1 of the City Authorized Contractor Agreement with eligible contractors. The motion was seconded by Councilman Campbell. Discussion followed, and Councilman Williams inquired as to the City's participation in a water heater program in the 1980's. Director Cutler indicated he would need to research that matter. Further, Councilman Headrick asked how long it would take to recapture one's investment, to which Mr. Dunbar responded approximately 20 years. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: 1.) City Council Minutes of May 6, 2003; 2.) Expenditure Approval List - May 9, 2003 - $558,861.32; 3.) Electronic Payments - May 9, 2003 - $343,018.75; 4.) Final Acceptance and Release of Retainage for Roof Drain Disconnect Pilot, Project 99-21; and 5.) Final Acceptance and Release of Retainage for Pump Station Retrofits, Project 22-16. The motion was seconded by Councilman Headrick. Director Cutler, at Mayor Wiggins' request, provided additional information regarding the costs associated withthe RoofDrainDisconnectProject. Councilman Williams, referencing Paragraph 3, Page 5 of the May 6, 2003, minutes, indicated there may need to be further discussion pertinent to the development standards as they specifically relate to short plats versus subdivisions. A vote was taken on the motion, which carried unanimously. CITY COUNCIL CouncilmanBraun attended a PDA meeting held on the Skills Center and the incubator COMMITTEE network; he attended a Transit meeting, as well as a planning meeting on the proposed REPORTS & sports facility. CALENDAR: CouncilmemberRogers attended EDC meetings, chaired a Marine Cluster meeting, and has been working on legislative issues related to thc graving yard. Additionally, she has been planning for the Governor's visit, and she noted that the City is being -5- 4950 CITY COUNCIL MEETING May 20, 2003 CITY COUNCIL highlighted regarding the cluster development. COMMITTEE REPORTS & Mayor Wiggins attended the opening of a house on 104 Street, which was built by the CALENDAR: (Cont'd) highschool students. He participated inthe SequimIrrigation Festivalparade, attended the Multi-Ethnic Committee meeting at the School District, and he summarized a letter of support for the Hurricane Ridge Public Development Authority who is submitting an alternative approach for Hurricane Ridge. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: None. OTHER 5. CFP / TIP Presentations: CONSIDERATIONS: Director Cutler, aided by PowerPoint slides, summarized the 2003 - 2009 Capital CFP / TIP Presentations Facility Plan, which is necessary in order to satisfy State requirements for managed growth. The Transportation Improvement Program, which is included in the transportation element of the six-year CFP, must be submitted to the State no later than June 30, 2003, and a public hearing must be conducted prior to that date. Director Cutler explained that the TIP is important for planning and funding with local agencies, and it serves as a tool in securing grant and loan funds. He summarized the upcoming adoption schedule, as well as the contents of the CFP book already distributed to the Council for review. Director Cutler explained the organization of the projects delineated in the book, to include the summary sheet for each project and the selection criteria. Director Cutler reported that the Finance Committee had reviewed the CFP, and it is recommended that a public hearing be set for June 2 to seek public input. He reviewed the prioritized projects included under Government Funds for 2003 - 2004, providing a brief summary of each. After brief discussion, Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 3-03 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 2003-2009. Councilman Braun moved to pass the Resolution as read by title, setting a public hearing for June 2, 2003, to accept public comment on the City's 2003-2009 Transportation Improvement Program and the 2003-2009 Capital Facilities Plan. The motion was seconded by Councilman Campbell and carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: Manager Quinn directed attention to the June 12 visit of Governor Locke. He indicated that County Commissioner Doherty has taken the lead in setting the agenda for the visit, and Manager Quinn expressed the hope that some of the City's elected officials will be invited to be part of the economic development roundtable to be conducted that day. He indicated he would keep the Council advised as to the schedule. -6- CITY COUNCIL MEETING 4951 May 20, 2003 EXECUTIVE SESSION: The meeting adjourned to Executive Session at 8:35 p.m. to discuss one item of potential litigation and one item of labor negotiations for approximately 30 - 45 minutes. RETURN TO OPEN The meeting returned to Open Session at approximately 9:10 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 9:10 p.m. - ..... ~lenn Wiggins, Mayor B~cky J. Upt~ City~lerk - /-- -7-