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HomeMy WebLinkAboutMinutes 07/17/2001 4480 CITY COUNCIL MEETING Port Angeles, Washington July 17, 2001 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, Wiggins, and Williams. Members Absent: Councilmember McKeown. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, L. Haehnlen, R. Johnson, and D. McGinley. Public Present: P. Walker, L. Lee, T. Price, B. Philpott, and K. Rogers. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: PUBLIC CEREMONIES, Quarterly Chamber of Commerce Update: Russ Veenema, Chamber of Commerce PRESENTATIONS AND Executive Director, presented Police Chief Riepe with a Certificate of Appreciation for PROCLAMATIONS: the assistance provided by the Police Department during the 4th of July parade. Chamber of Commerce Mr. Veenema reported he recently met with the staff of the Parks & Recreation Update Department, at which time he discussed the Chamber's goals of recreation, tourism, and special events as a means of generating economic development in the area. If these endeavors are successful, Mr. Veenema noted there would be direct impacts on various City departments and, to that end, he suggested that a type of instruction booklet be prepared in the area of event organization. He also suggested that a meeting be held with City department heads to further coordinate the Chamber's efforts. Mr. Veenema provided the Council with various statistics reflecting an increase in public contacts with the Chamber of Commerce and the Visitor's Center via such means as brochure requests, web visits, e-mails, and the like. He advised the Council that Visitor Center expenses are falling below budget. Mr. Veenema then'asked Finance Director Ziomkowski for a report on lodging tax revenues year to date, and Director Ziomkowski noted there had been a 9.5% increase in lodging tax revenues for the first 6 months of 2001 as compared to the year, 2000. However, she noted that the month of June reflected an 8.2% decrease as compared to June of this past year. Additionally, sales tax revenues year to date were 6% below last year's level. Mr. Veenema reviewed his efforts to establish a City-wide occupancy report for all lodging facilities, which will prove to be helpful in determining the success of the marketing efforts. He expressed the hope of having this reporting mechanism established in 2002. As relates to certain changes made in the distribution and management of lodging tax funds, Mr. Veenema indicated he would be submitting a letter in the near future regarding a request for a multi-year marketing agreement. The letter would outline the Chamber's role and objectives, and how the Chamber would 4481 CITY COUNCIL MEETING July 17,200! PUBLIC CEREMONIES, interrelate with other agencies on the Peninsula. PRESENTATIONS AND PROCLAMATIONS: Discussion followed, and Mr. Veenema responded to various questions posed by the (Cont'd) Council. On the matter of the Chamber web pages, Mr. Veenema reviewed linkages to other web sites on the Peninsula. Councilman Wiggins spoke in support of the effort Chamber of Commerce to obtain occupancy figures, something which the City has been seeking for some time. Update (Cont'd) Councilman Campbell opined there has been a great improvement in how the Chamber functions in the community; he lauded the Chamber's participation in various issues affecting the City. On another matter, Mayor Doyle drew the Council's attention to the recently acquired sewer maintenance truck parked in front of City Hall for viewing. WORK SESSION: Interlocal Tribal Agreement with Lower Elwha Klallam Tribe: Mayor Doyle summarized the memorandum submitted by the City Attorney, after which Attorney Interlocal Tribal Knutson advised the Council of an error in the compilation of the packet. The Council Agreement has since been provided with complete copies of the proposed agreement with the Elwha Tribe. In addition it was decided that the Tribe's Executive Director did not have to attend this particular meeting, as it would be beneficial for the Council to have an opportunity to discuss the agreement first. Attorney Knutson advised the Council that the agreement was a means to meet and discuss issues of mutual concern. There have been a number of issues over the past few years between the two entities, and the forum established by the agreement is very important to the Tribal Council. The agreement is a matter of symbolic importance, and it is recommended that the Council review it and be prepared to take action at a future meeting. Discussion ensued, and Manager Quinn reviewed the salient points of the. agreement in terms of the objectives, the process for opening dialogue, and the fact that the parties do not waive any rights they enjoy as governmental agencies. Manager Quinn indicated that, if the Council were to support the document, then he would recommend adoption at the next Council meeting at which time the City could invite the Tribal Council to attend. In addition, he has offered to send City representatives to the next Tribal Council meeting to formally present the signed document. Councilman Campbell referenced the resolution submitted by the Lower Elwha Klallam Tribe, noting the Business Committee had passed the resolution. He queried as to the distinction between the Tribal Council and the Business Committee and whether the agreement was one of Council to Council or staff to staff. The question was raised as to how the Tribal Council grants authority to enter into such agreements. Discussion also followed as to the advantages and disadvantages of entering into the agreement, and Manager Quinn indicated the agreement is a means by which the Lower Elwha Klallam Tribe would gain recognition as a governmental agency. Additionally, he noted the City frequently enters into other intergovernmental agreements, such as would be likely in the matter of annexation. Attorney Knutson emphasized the fact that the agreement is one of a symbolic nature, plus the fact that the Municipal Research & Services Center agrees with City staffin that the agreement has no legal consequences. It was agreed by consensus that the agreement is to be returned to the Council at its next meeting for discussion and action. Manager Quinn indicated it is staff's recommendation that the City Manager be designated as the City's representative for implementation purposes. LATE ITEMS TO BE None. PLACED ON THIS OR FUTURE AGENDA: -2- CITY COUNCIL MEETING 4482 July 17, 2001 FINANCE: 1. Acceptance of Industrial Waterline Repair Project Acceptance of Industrial Mayor Doyle summarized the information provided with regard to acceptance of the Waterline Repair Project Industrial Waterline Repair Project. Director Cutler noted Daishowa will reimburse the City for the final contract amount. Councilmember Erickson moved to accept the project as completed by Western Waterproofing and authorize the release of the total retainage held in escrow in the amount of $2,412.84 upon receipt of clearances from the Departments of Revenue and Labor & Industries. The motion was seconded by Councilman Campbell and carried unanimously. Acceptance of Overhead 2. Acceptance of Overhead Rebuild Projects Rebuild Projects Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler on the matter of accepting the Overhead Rebuild Projects. Director Cutler advised the Council that the bundling of the projects proved to be very cost effective for the City. Councilman Hulett moved to accept Projects 20-07, 20-08, 20-09, and 20- 20 and authorize the release of Mountain Power's retainage upon receipt of clearances from the Departments of Revenue and Labor & Industries. The motion was seconded by Councilman Wiggins and carried unanimously. CONSENT AGENDA: Councilmember Erickson moved to accept the Consent Agenda, to include: 1) City Council Minutes - July 3, 2001 regular meeting, and 2) Check register - July 6, 2001 - $967,082.81. Councilman Hulett seconded the motion. Corrections to the minutes were offered, as follows: 1.) Page 2, Paragraph 4 under City Council Committee Reports, the spelling of the Victoria Mayor's name should be corrected to "Alan Lowe"; 2.) Page 6, Paragraph 6 under Highland Courte Information, the word "hearing" should be changed to "meeting"; and 3.) Page 8, the last motion on the page should be corrected to show that Councilman Campbell voted in opposition to the motion. Following brief discussion, a vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilman Hulett had no report. COMMITTEE · REPORTS: Councilmember Erickson reported on a Transit Board meeting, at which time it was reported a company will be providing a solar powered light for test purposes at the Highway 101 and Kitchen Dick Road bus stop. The Pool Renovation Committee met and is attempting to move forward quickly. The Channel 21 Advisory Committee has been meeting recently. Councilman Williams indicated his report would have centered around the solar light test. Councilman Wiggins. advised the Council that the Port Director selection process is moving forward with interviews. Councilman Campbell reported on his attendance at a Landfill Master Plan Workshop; he indicated the City has done a masterful job of putting together a detailed plan for closure. He also attended the Olympic Air Pollution Control Authority Board meeting, at which time a pubhc hearing was held on an asphalt batch plant in Thurston County. Heavy opposition was presented, but the permit was approved with strong conditions. Mayor Doyle reminded everyone that Councilman Campbell is the Chair of the OAPCA Board, which involves seven counties in Washington. Mayor Doyle participated in 4th of July festivities in Forks, as well as Port Angeles. He attended meetings of the Utility Advisory Committee, as well as pool renovation. Additionally, he participated in the dedication of the School Skills Consortium home and the opening ceremonies of a baseball tournament. -3- 4483 CITY COUNCIL MEETING July 17, 2001 ORDINANCES NOT Water Shortage Response Ordinance: Mayor Doyle briefly reviewed the information REQUIRING PUBLIC provided by Public Works & Utilities on the matter of the proposed Water Shortage HEARINGS: Response Plan. Director Cutler advised the Council that the City does not have a plan currently in place to address water shortage with appropriate enforcement action. He Water Shortage Response reviewed the stages of the water shortage conditions and the associated action to be Ordinance imposed should it become necessary. He noted there is opportunity for an appeal by the Ordinance N°· 3092 offending party. Director Cutler indicated the Utility Advisory Committee considered this proposal in detail on two different occasions. Lengthy discussion followed, and Mayor Doyle noted there is no monetary fine associated with this proposal. There is, however, a $100 fee associated with returning water service to those accounts that were disconnected due to continued violation. In response to an inquiry from Councilman Hulett, Director Cutler indicated the City would follow all water restrictions being imposed on the community. Also, Attorney Knutson advised the Council that the Water Shortage Response Plan has several provisions about what the City would be doing to conserve water. This particular Ordinance is geared more toward the residents. Councilman Hulett asked that the Council be provided with copies of the Water Shortage Response Plan2 Discussion centered around whether the proposed penalties would be strict enough, and Councilmember Erickson felt that a Stage V condition would warrant the bypassing of any warnings. She felt the City could proceed directly to enforcement in that instance. Further, the Council queried as to whether the City had additional authority to impose stricter regulations in the event of a major catastrophe. Mayor Doyle drew attention to the purpose set forth in the Ordinance, which includes language to the extent that the City reserves the right to exercise its police powers through emergency measures as set forth. Additionally, Manager Qumn indicated that the City Council has certain powers and authority under an emergency situation and can operate differently under those circumstances. Consideration was given to how the public would be informed of water restrictions. Director Cutler assured the Council that staff will continually monitor the level of the water. It would be extremely difficult to predict when restrictions might be imposed, but there is a comprehensive plan for public notification at the time the restrictions might be warranted. Mayor Doyle then read the Ordinance by title, entitled ORDINANCE NO. 3092 AN ORDINANCE of the City of Port Angeles, Washington, establishing policies and procedures for declaring and dealing with various stages of water shortages, establishing regulations and penalties for enforcing said provisions, and adopting Chapter 13.46 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Campbell, which carried 5 - 1, with Councilmember Eriekson voting in opposition. Councilmember Erickson advised the Council she voted against the motion in that she felt the Stage V sanctions were not rigorous enough. RESOLUTIONS: Sole Source Resolution - 'T' Street Substation, Switchgear Door Replacement: After Mayor Doyle summarized the information provided, Director Cutler informed the Sole Source Resolution - Council of the options considered for the fabrication of the replacement doors for the 'T' Street Substation, 'T' Street Substation. The most cost effective means for replacement would be from Switchgear Door Pederson Power Products, who supplied the original switchgear doors. Mayor Doyle Replacement read the Resolution by title, entitled Resolution No. 13-01 -4- CITY COUNCIL MEETING 4484 July 17, 2001 RESOLUTIONS: RESOLUTION NO. 13-01 (Cont'd) A RESOLUTION of the City Council of the City of Port Angeles, Sole Source Resolution - Washington, designating Pederson Power Products, Inc., 'T' Street Substation, as the sole source for the acquisition of replacement Switchgear Door switchgear doors for the 'T' Street Substation and declaring Replacement an exception to normal bidding requirements. Resolution No. 13-01 (Cont'd) Councilman Campbell moved to pass the Resolution as read by title. The motion was seconded by Councilmember Erickson and carried unanimously. OTHER 1. Carnegie Library Value Engineering CONSIDERATIONS: Mayor Doyle summarized the information provided by Public Works & Utilities on the Carnegie Library Value matter of value engineering for the Carnegie Library renovation/restoration. Director Engineering Cutler had requested a value engineering study on the structural upgrades to the building and, during a test of the bricks and mortar, it was discovered that the exterior walls are non-bonded. In that the Uniform Building Code standards do not adequately address the retrofit of the structure, the value engineering study also addressed the possibility of utilizing the FEMA methodology as an alternative to improving the structural integrity of the building. Director Cutler indicated the FEMA methodology would result in utilizing many features of the original design and would provide a cost savings to the City of approximately $80,000 - $100,000 for the project. It is staf?s recommendation that the FEMA guidelines be followed. The Real Estate Committee chose to forward the matter to the Council for consideration without a recommendation. Director Cutler had been asked by the Real Estate Committee to contact Port Townsend to determine which standards were followed for their historical structures. It was learned that Port Townsend uses the Historical Building Code which provides for alternate methods, to include the FEMA methodology. Director Cutler was unable to determine if Port Townsend utilized the UBC or the FEMA guidelines. Also at the Committee's request, Director Cutler inquired as to whether grant funding would be impacted because of the guidelines used. He learned that State grant funding would only be affected if thc fabric of the building was changed. Director Cutler pursued the matter of insurance impacts. He was informed there is a preference for stricter codes, but no preference on UBC standards as opposed to FEMA. Director Cutler reviewed the various rates associated with insurance. In response to an inquiry from the Mayor, Director Cutler acknowledged that the decision this evening would have no bearing on the question of restoration versus renovation. He indicated he would return to the Council in September or October with a cost analysis for both, after which he would hope to proceed to construction in the Spring of 2002. Discussion followed concerning brick wythes, and Stuart Bonney of Olympic Design Works provided clarification on that issue. Councilman Campbell directed attention to the projected damage that might be expected from an earthquake. He felt the anticipated damage under the UBC and the FEMA guidelines to be rather imprecise. Building Official Haehnlen advised the Council that consideration should be given to the expected use of the building, as well as the number of people in the building at any given time. Based on his previous building and earthquake experience in Cahfornia, he felt the FEMA methodology would be quite acceptable in this instance. Further, Mr. Haehnlen assured the Council that the FEMA methodology would adequately address the retrofit particularly as relates to the repair of the wythes. After further discussion, Councilman Campbell moved to direct the Public Works & Utilities Director to proceed with the design of the Carnegie Library utilizing the FEMA methodology for structural upgrades. The motion was seconded by Councilman Wiggins. Councilman Williams expressed his reluctance to vote for using -5- 4485 CITY COUNCIL MEETING July 17, 2001 OTHER the FEMA methodology, as he is more conservative on the matter of a life safety issue. CONSIDERATIONS: However, he expressed his trust in the Building Official's opinion and previous (Cont'd) experience and he, therefore, indicated he would vote in favor of the motion. A vote was taken on the motion, which carried unanimously. Carnegie Library Value Engineering (Cont'd) Sole Source Resolution - Sole Source Resolution - "I" Street Substation, Switchgear Door Replacement: Clerk 'T' Street Substation, Upton asked the Council to return to Agenda Item H., noting that action had been taken Switchgear Door to pass the Resolution. However, she indicated the staff recommendation also included Replacement the acceptance of the negotiated price, as well as authorization for the City Manager to Resolution No. 13-01 sign the purchase order. Councilman Campbell moved to amend his motion to include the acceptance of the negotiated price of $68,555.52, including applicable sales taxes, from Pederson Power products, Inc., for the purchase of 5 replacement switchgear doors complete with new electronic relays and wiring harness and authorize the City Manager to sign the purchase order. Councilmember Erickson, as seconder of the original motion, agreed to the amendment. A vote was taken on the amendment to the motion, which carried unanimously. Assignment of Sublease for 2. Consent to Assignment of Sublease for Bunker Facility on Ediz Hook Facility on Ediz Hook Mayor Doyle stunmarized the memorandum from the City Attorney concerning the request for the City to agree to the assignment of the former British Petroleum Ediz Hook sublease from Tesoro Marine Services, Inc., to Tesoro West Coast Company. Attorney Knutson advised the Council that the Real Estate Committee had considered the request and deemed the consent action to be appropriate. Councilmember Erickson moved to authorize the Mayor to sign the necessary legal documents expressing the City's consent to the assignment of the former British Petroleum Ediz Hook sublease from Tesoro Marine Services, Inc., to Tesoro west Coast Company. Councilman Hulett seconded the motion, which carried unanimously. Realignment of Waterline 3. Realignment of Waterline Overflow Channel Overflow Channel Mayor Doyle reviewed the memorandum submitted by Public Works & Utilities with regard to the request from the Washington Department of Fish & Wildlife to alter the flow of the overflow channel for the Industrial Waterline so as to increase the attraction flow for adult Chinook returning to the hatchery. Director Cutler indicated the matter had been considered by the Utility Advisory Committee, and a recommendation for approval was forwarded. Additionally, City staff had discussed the issue with Daishowa who had no objection to the work being done. Councilman Campbell moved to authorize the Director of Public Works & Utilities to give the Washington Department of Fish & Wildlife written approval for the proposed work to alter the flow of the overflow channel for the Industrial Waterline. The motion was seconded by Councilman Hulett and carried unanimously. INFORMATION: City Manager's Calendar: Manager Quinn briefly reviewed the meeting calendar in the packet. Included in the informational reports was an item pertaining to the recycling report. Brief discussion was held concerning the recycling of tires, as well as the possibility of purchasing recycling containers previously used in Bremerton. A report summarizing electric rates generated discussion as to the anticipated increase from the Bonneville Power Administration. The increase will not be as high as expected, but it may approximate a wholesale increase of 46% or 20% retail. Another adjustment can be expected in March, 2002. A status report on SB 6166 regarding LEOFF I was also included in the packet. -6- CITY COUNCIL MEETING 4486 July 17, 2001 INFORMATION: Manager Quinn indicated it is not likely that action will be considered until the next (Cont'd) legislative session. Manager Quirm announced that the draft Annexation Plan had been released and placed in the Council boxes today. It will be available to the public tomorrow, and he indicated the City is now entering the public outreach phase. Once input is received from the public, the plan will be finalized and presented to the Council in 4 - 5 months. At that point, decisions will need to be made regarding the annexation boundaries, indebtedness, zoning, and the like. On another matter, Mayor Doyle inquired as to when a joint meeting can be expected with the City Council from Victoria. Manager Quinn responded that arrangements are being made to target such a meeting the first half of September. Mayor Doyle indicated Councilman Campbell will be representing the City at a meeting tomorrow in Edmonds on the "Shared Salmon Strategy". Councilman Wiggins advised the Council that RFPs have been solicited for a convention center. Councilman Williams commended Police Chief Riepe for his assistance in getting an art sculpture moved so as to not block a vision triangle downtown. EXECUTIVE SESSION: None. ADJOURNMENT: The .r~eting was adi_oumed at 8:~5~p.m Larry~9~e, May~or/~ / Becky J. Up~ C~lerk- ' -7- 4487 THIS PAGE INTENTIONALLY LEFT BLANK