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HomeMy WebLinkAboutMinutes 05/22/2001 4438 CITY COUNCIL MEETING Port Angeles, Washington · May 22, 2001 CALL TO ORDER - Deputy Mayor McKeown called the regular meeting of the Port Angeles City Council REGULAR MEETING: to order at 6:00 p.m. ROLL CALL: Members Present: Deputy Mayor McKeown, Councilmembers Campbell, Erickson, Hulett, and Williams. Members Absent: Mayor Doyle and Councilman Wiggins. Staff Present: Manager Quinn, Attorney Knutson, Deputy Clerk Broussard, B. Collins, M. Connelly, G. Cutler, D. McKeen, Y. Ziomkowski, G. Kenworthy, L. Dunbar, S. McLain, M. Hughey, and J. Harper. Public Present: G. Powell and L. Lee. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mr. Terry Roth. ALLEGIANCE: CEREMONIAL None. MATTERS & PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE The matter of changing an upcoming City Council meeting date was added as Agenda PLACED ON THIS OR Item 1.4. FUTURE AGENDA: A request for a Public Works Trust Fund loan was added as Agenda Item 1.5. Gerald Powell, 718 Elizabeth Place, addressed the City Council on the pending litigation with Highland Courte. Mr. Powell cited various areas in which Highland Comte has violated the Conditional Use Permit, and he expressed his displeasure that the facility was allowed to remain open during the appeals process. On another matter, Mr. Terry Roth advised the Council that on Memorial Day there will be two ceremonies taking place. One is at 10:30 a.m. at 3rd and Francis, and the other is at 12:00 p.m. at Veterans Park. At this ceremony, there will be a dedication of the monument to Private 1st Class Richard Anderson who received the Medal of Honor in World War II. Mr. Anderson's family lived in Clallam County for 20 years. Mr. Roth invited the City Council to attend the dedication ceremony at Noon. The only survivor from Mr. Anderson's troop will be present at the ceremony. FINANCE: I. Francis Street Park Contract Award Contract Award for Francis Deputy Mayor McKeown summarized the staff memorandum in regard to the Street Park recommended approval of the contract with Primo Construction for the Francis Street - 1 - 4439 CITY COUNCIL MEETING May 22, 2001 FINANCE: Park improvements. Councilman Williams requested that a map of the improvements (Cont'd) be displayed and, with the use of the overhead projector, Parks Director Connelly explained the improvements being implemented. The current plan is to create parking Contract Award for Francis with a main pedestrian access down the trail and to have handicap accessible parking Street Park (Cont'd) midpoint down the trail. Director Connelly pointed out the location of the flag plaza. There was brief discussion on the placement of a flag plaza as opposed to play sculptures for children, and Director Connelly pointed out that at a future date sculptures cOUld be an addition to the park. Councilman Williams questioned the size of the available roads. Director Connelly indicated he would return with the requested information. Councilman Hulett moved to approve the contract for the Francis Street Park improvements to Primo Construction, Inc., of Sequim, Washington, in the total bid amount of $338,239.62 which includes the additive flag plaza; to approve the added 2001 CFP project funding in the amount of $140,000; and to authorize the Mayor to sign the contract. The motion was seconded by Councilman Campbell and carried unanimously. Black Diamond Reservoir 2. Contract awarded for the Black Diamond Reservoir Cover Improvements Deputy Mayor McKeown summarized the memorandum from the Director of Public Works & Utilities concerning approval of the contract for the Black Diamond Reservoir Improvements with Snelson Companies, inc. Couneilmember Erickson moved to approve the contract for the Black Diamond Reservoir improvements to Sneison Companies, Inc., of Sedro-Woolley, Washington, in the bid amount of $963, 967.94 and authorize the Mayor to sign the contract. The motion was seconded by Councilman Campbell and carried unanimously. Waterline Replacement & 3. Contract Change Order for 8'~ Street Restoration Project Street Repairs Deputy Mayor McKeown reviewed the memorandum the Director of Public Works & Utilities concerning a contract change order with Lakeside Industries for the 8th Street restoration, adding a waterline replacement and street repairs plus five additional working days to the contract. Director Cutler added that the waterline damage was within a questionable time period, as the damage could be earthquake related. Public Works is currently seeking FEMA's aid with this unexpected situation. Couneilmember Erickson moved to approve a written finding of the existence of an emergency, waive competitive bid requirements, and approve proceeding with Contract Change Order No. 4 to the Lakeside Industries contract for the 8th Street restoration, which will add waterline replacement and street repairs in the amount of $56,503.00 and 5 added working days. The motion was seconded by Councilman Hulett and carried unanimously. Reimbursement of Costs 4. Contract with National Park Service for Direct Costs Associated with Water Associated with Water Supply Mitigation Measures Supply Mitigation Measures Deputy Mayor McKeown summarized the memorandum from the Director of Public Works & Utilities on the matter of a contract with the National Park Service for direct costs associated with dam removal. Director Cutler added that the contract is for the stated amount, and the National Park Service can modify it up to $500,000. Councilman Campbell moved to authorize the Mayor to sign the contract with the National Park Service for direct costs associated with dam removal that were incUrred prior to October 31, 2000, in the amount of $218,953.50; authorize the City Manager to sign future modifications to the contract; and authorize the Director of Public Works & Utilities to sign the appropriate representations and -2- CITY COUNCIL MEETING 4440 May 22, 2001 Reimbursement of Costs certification, and invoice the Park Service for reimbursement of current and future Associated withWater costs. The motion was seconded by Councilman Williams and carried Supply Mitigation unanimously. Measures (Cont'd) Rescind Bids for 5. Rescind Bids for Lauridsen Blvd/Airport Road Realignment Project Lauridsen Boulevard / Airport Road Realignment Deputy Mayor McKeown reviewed the information from the Director of Public Works Project & Utilities pertaining to rescinding the previous decision to award Primo. Construction the contract for the Lauridsen Boulevard/Airport road realignment project. Director Cutler explained that, after extensive discussion with Washington State Department of Transportation, due to the City not including the proper forms needed to make the bid packet complete, all bids must be rejected and re-advertised. This must be done in order to keep federal funding. Councilman Hulett moved that the Council rescind its previous decision to award the contract to Primo Construction and' to reject all bids for the project. The motion was seconded by Councilman Campbell and carried unanimously. CONSENT AGENDA: Councilman Campbell m~v_ed to accept the Consent Agenda to include, 1) City ~ Council minutes of the May~, 2001 regular meeting; and 2) Check List - May 11, 2001 - $1,426,308.98. The motion was seconded by Councilman Williams and carried unanimously. CITY COUNCIL Councilmember Erickson had no report. COMMITTEE REPORTS: Councilman Williams attended Port Angeles Works!, Utility Advisory, and Real Estate Committee meetings. At the Real Estate Committee meeting, there were citizens in attendance wanting to restore the Port Angeles underground. Councilman Williams was also in attendance at two Gateway meetings and a Downtown Forward meeting, both of which are progressing in their goals. Councilman Campbell highlighted his recent visit to Port Angeles' Sister City in Japan. Included in the tour of Mutsu City, the group visited the $20 Million Mutsu Municipal Library and the Mutsu Science Museum. Councilman Campbell and others were allowed to participate in their Annual Firefighting Day, involving speeches, ceremonies with demonstrations of pumping water, and a parade. Mutsu is a city of 50,000 people, and in 1960, it was formed by the merger of two cities. The Mutsu City Finance Director informed Councilman Campbell that the budget is $200 million which does not include water/sewer/electric. There is public housing that is part of the City's revenues. Councilman Hulett informed the Council that the City Council now has a voting position on the Chamber of Commerce Board of Directors. Clallam County will have voting representation on the Board as well. Deputy Mayor McKeown reported that she represented the City at the recent Sequim Irrigation Festival. She was also in attendance at the Downtown Forward and Gateway Committee meetings. ORDINANCES NOT Ordinances Not Requiring Public Hearings REQUIRING PUBLIC HEARINGS: 1. Implementing ,4 Net Metering Program Implementation of a Net Deputy Mayor McKeown summarized the memorandum submitted by the Director of Metering Program Public Works & Utilities in regard to implementation of net metering. Public Works Ordinance No. 3080 & Utilites Director Cutler stated that Electrical Engineering Manager Jim Harper was . present to address any questions the Council may have. In general, the Ordinance - 3 - CITY COUNCIL MEETING 4441 May 22, 2001 ORDINANCES NOT permits those generating power within the City to hook up and use what power they can REQUIRING PUBLIC use and then feed it back into City systems. It is an expensive, yet economical process. HEARINGS: Councilman Williams asked if there was a way to offer an incentive for customers who (Cont'd) stay connected to the grid for the City to receive power from their generation. He was concerned for customers generating more power than ~hey use. Mr. Harper added that Implementation of a Net there arc possible credits available with BPA. These credits are still being researched, Metering Program and will be incorporated into the incentives upon further research. Ordinance No. 3080 (Cont'd) Councilmember Erickson departed the Council Chambers at 6:50 p.m. Councilman Campbell concurred with Councilman Williams, that it is great to see the State promoting distributed generation. Deputy Mayor McKeown read the Ordinance by title, entitled ORDINANCE NO. 3080 AN ORDINANCE of the City of Port Angeles, Washington, establishing policies and procedures for customers of the City's electric utility to operate electric generated facilities of not more than 25 kilowatts and amending Ordinance 2341 as amended and Chapter 13.10 of the Port Angeles Municipal Code. Councilman Williams moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion which carried unanimously. Councilmember Erickson returned to the Council Chambers at 6:53 p.m. Withdrawal of Food Bank 2. Withdrawal of Food Bank Street Vacation Petition Street Vacation Petition Deputy Mayor McKeown summarized the memorandum provided, and Director Collins stated that this vacation was referred back to the Real Estate Committee who concluded that the vacation was not needed. Therefore, Councilman Williams moved to accept the withdrawal of STV 01-01 as requested by the City of Port Angeles and the Port Angeles Food Bank and not act to vacate Fourth Street west of Valley Street as originally proposed. The motion was seconded by Councilman Campbell which carried unanimously. Outdoor Burning 3. Housekeeping Modifications to Outdoor Burning Ordinance Modifications Deputy Mayor McKeown summarized the memorandum from Fire Chief McKeen with regard to outdoor burning provisions of the Washington Clean Air Act. Councilmember Erickson departed the Council Chambers at 6:54 p.m. Fire Chief McKeen stated that these changes are designed to bring the City's Ordinance in compliance with State law. There is one provision in the Ordinance that allows the Fire Department to charge individuals if they need to respond to an illegal bum. This fee is not intended to be used unless there is an individual who consistently does not comply with the Ordinance. There was brief discussion as relates to the Urban Growth Area. Councilmember Erickson returned to the Council Chambers at 6:59 p.m. Councilman Campbell stated that the Ordinance references residential burning, yet he observed there was no mention of prohibiting the burning of household waste. Chief McKeen responded that the definition was taken out of the WAC concerning what is prohibited from burning; however, an addition can be made to the language. He -4- CITY COUNCIL MEETING May 22, 2001 4442 ORDINANCES NOT indicated there can be more research on the language used in the WAC, and the REQUIRING PUBLIC Ordinance can be rewritten to be more consistent with that language. HEARINGS: (C0nt'd) By consensus, the Ordinance was tabled and will be returned to the Council at a later date. Outdoor Burning Modifications. (Cont'd) RESOLUTION: Resolution Supporting Telecommunication Competition Support of Deputy Mayor McKeown summarized the memorandum from Manager Quinn in regard Telecommunications to supporting QWEST's re-entry into the Interlocal access and transport area long- Competition distance businesses. Manager Quinn added that the Resolution was being proposed not Resolution No. 9-01 by means of favoritism to QWEST, but in an effort to help them make a case before the FCC. Deputy Mayor McKeown read the Resolution by title, entitled RESOLUTION NO. 9-01 A RESOLUTION of the City Council of the City of Port Angeles, Washington, in support of telecommunications competition. Councilman Hulett moved to pass the Resolution as read by title. Councilmember Erickson seconded the motion which carried unanimously. OTHER 1. Conservation Plans and Publicity CONSIDERATIONS: Deputy Mayor McKeown reviewed the information from Public Works & Utilities in Energy Conservation Plans regard to approving a budget adjustment and granting the Director of Public Works & Utilities the authority to enter into City-authorized contractor agreements. Power Resources Manager Dunbar and staff have been working diligently on 5 conservation programs that will be implemented in June, to include a Conservation Awareness Program, Energy & Water Conservation Program, Compact Flourescent Lamp Program, Building Improvements Program, as well as a program for City facilities. The reason needed for the contract is for the City to be enabled to regulate the programs with the BPA standards. Councilman Williams asked if the contractor agreement was considered by the Utility Advisory Committee, which Mr. Dunbar confirmed that it was. Councilman Williams asked if this is being implemented with the hope that BPA will refund the money to the City. Mr. Dunbar stated that these programs coincide with the needed 10% energy cutback that has been requested by Bonneville. If the plans are implemented quickly, then the City will be somehow be treated more favorably. Ken Lostrom, Peninsula Heat Company, offered comments regarding the programs being implemented. He just received the packet with the heat pump guidelines and had around twenty pertinent questions. Director Cutler referred Mr. Lostrom to Mr. Dunbar for clarification on the proposed plans. Councilman Williams moved to approve a budget adjustment for conservation programs to $380,000 for the year 2001, authorize the Director of Public Works & Utilities, or his designee, to enter into City-authorized contractor agreements, and authorize the payment of conservation measures available under the City's Conservation Programs to a maximum of $20,000 per payment. The motion was seconded by Councilman Campbell and carried unanimously. USDA Service Agreement 2. Cooperative Service Agreement with US Department of Agriculture Deputy Mayor McKeown reviewed the information provided by Public Works & Utilites Director Cutler in regard to wildlife control operations in the landfill area. -5- CITY COUNCIL MEETING 4443 May 22, 2001 OTHER Councilman Campbell moved to authorize the City Manager to sign the CONSIDERATIONS: Cooperative Service Agreement with the United States Department of Agriculture (Cont'd) Animal and Plant Health Inspection Service, Wildlife Services (WS), to proVide wildlife control operations in the area of the landfill. The motion was seconded by USDA Service Agreement Councilman Hulett and carried unanimously. (Cont'd) Fiber Optics Business Plan 3. Fiber Optic Backbone Design Engineering Services Agreement with MCC Deputy Mayor McKeown summarized the memorandum from Public Works & Utilites Director Cutler in regard to the Fiber Optic Backbone Design Engineering Services Agreement. Director Cutler stated that this plan had already been presented to the Port Angeles Works! Committee and the Utility Advisory Committee. Power Resource Manager Dunbar submitted a power point presentation to the Council and distributed report summaries. He noted there is a strong need and interest for advance broadband telecommunications; the mission of this project is to ensure' broadband telecommunications in Port Angeles in 2002 by enabling the necessary infrastructure. The mission will be met by enabling a feasible infrastructure project with the greatest potential for economic development success. Three alternatives have been researched, aside from the City working on its own. All of these alternatives are financially feasible by using a public £mancial model. Mr. Dunbar displayed a graph that showed the level of financial requirements that would be necessary depending on the chosen alternative. The least economic benefit would come if the City worked on this project alone, without the support and help of others. A brief overview was given on the strategic direction overview of the project. The City has been evaluating broadband telecommunications services for a few years now, and it is being proposed that this project moves forward with another step. Councilman Campbell added that this project had considerable input from the Port Angeles Works! Committee, as well as the Utility Advisory Committee, both of which have given it a str6ng backing. Councilman Williams concurred with this statement. Councilman Campbell moved to approve the business plan, rescind the fiber optic backbone design engineering services agreement with MCC, and authorize the Mayor to sign consulting services agreements with Metropolitan Communications Consultants and Dow, Cogburn and Friedman. The motion was seconded by Councilman Williams and carried unanimously. Change in City Council 4. City Council Meeting Changed to June 18, 2001 Meeting Date Councilman Williams moved to shift the regular City Council meeting from June 19, 2001 to June 18, 2001, at 6:00 p.m.. The motion was seconded by Councilman Hulett and carried unanimously. Public Works Trust Fund 5. PWTF Loan Application for Phase III of Downtown Watermain/Sidewalk Loan Application Replacement Project Manager Quinn stated that Mr. Kenworthy was distributing a memorandum with regard to the Downtown Watermain Project and a loan application previously submitted but not granted. Director Cutler indicated that it had been suggested to re-package the application with more emphasis on the watermain as opposed to the sidewalks. Once approved for the design, then construction would take place shortly thereafter: Councilman Williams asked for more details on Laurel Street. Mr. Kenworthy stated that this will not be a part of Phase III of the Watermain Project. Councilman Hulett moved to authorize the Mayor to sign the PWTF loan application certification in the amount of $1,500,000 for Phase 1II of the Downtown -6- CITY COUNCIL MEETING ~44 May 22, 2001 OTHER Watermain/Sidewalk Replacement Project and further, if the loan is approved, CONSIDERATIONS: authorize the Mayor to execute the PWTF loan agreement provided that the loan (Cont'd) amount does not exceed $1,500,000. The motion was seconded by Councilmember Erickson and carried unanimously. Public Works Trust Fund Loan Application (Cont'd) INFORMATION: Deputy Mayor McKeown reminded everyone of the Memorial Day ceremony at Veterans Park. She also stated that the Park's Department was given a thank you from the United States Marine Corps League. Public Works & Utilites Director Cutler stated that, in observance of Public Works Week, there would be refreshments served at the Corporation Yard at 11:30 a.m. on May 23, 2001, and 2:00 p.m. on the same day at City Hall. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 8:05 p.m to discuss potential litigation and real estate for 30-45 minutes. RETURN TO OPEN The meeting returned to Open Session at 8:43 p.m. SESSION: Accept 9th and Race Street Councilmember Erickson moved to accept the 9th and Race Street parcels of Parcels of Property for Sale property for sale with an offer of $17,000 each. The motion was seconded by Councilman Hulett and carried unanimously. It was agreed that the Mayor or the City Manager are authorized to sign the sale documents. ADJOURNMENT: The meeting adjourned at 8:44 p.m.~..~ La~D-o~lg,~ayorb//~'9"~" Becky J. Up~ ~Cler~ /- -¸7- 4445 THIS PAGE INTENTIONALLY LEFT BLANK