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HomeMy WebLinkAboutMinutes 07/20/2004 5365 CITY COUNCIL MEETING Port Angeles, Washington July 20, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:03 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, Clerk Upton, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, R. Hoffman, K. Dubuc, D. Morse, T. Gallagher, T. McCabe, T. Kuch, L. Dunbar, J. Lierly, and M. Puntenney. Public Present: E. Tuttle, C. Kidd, P. Lamoureux, D. Bickford, and O. Campbell. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Paul Lamoureux. ALLEGIANCE: PUBLIC CEREMONIES, 1. Introduction and Badge Presentation to New Police Officer/Law Enforcement PRESENTATIONS AND Academy Graduate, Dan Morse: PROCLAMATIONS: Mayor Headrick presented new Police Officer Dan Morse with his badge, and Police Badge Presentation to New Chief Riepe introduced Officer Morse to those present. Mayor Headrick and Chief Police Officer Dan Morse Riepe then parmered in reading the Police Officer's Code of Ethics. Proclamation Recognizing 2. Proclamation Recognizing July, 2004, as Recreation and Parks Month: July as Recreation and Parks Month Mayor Headrick read a proclamation declaring July, 2004, as Recreation and Parks Month. The proclamation was accepted by Parks & Recreation Director Connelly. WORK SESSION: None. LATE ITEMS TO BE Ed Tuttle, 3909 Old Time Place, stated that, since 1991, he and other prominent PLACED ON THIS OR individuals have stopped a hotel from being built on the Oak Street property. He felt FUTURE AGENDAS: that asking hotels to subsidize competition was wrong and, even if Mr. Ehm were to obtain £mancing, the group would stop the construction of a hotel. Mr. Tuttle continued that, with a 50% occupancy, great harm would be done to others if an additional 171 rooms were placed on the market. He surveyed Port Angeles and Sequim, learning there are 1068 rooms available on the Peninsula. Mr. Turtle noted that Port Angeles is not and will not be a tourist destination unless there is something unique for the public to see. He indicated he was not opposed to a conference center, but he would stop a hotel from being built on prime waterfront property. Over 100 businesses have come and gone in a five-year period, and Mr. Tuttlc felt it was time to get creative. He suggested a J,0O'-sanff multi-use conference center, and he described /o o- - 1 - 5366 CITY COUNCIL MEETING July 20, 2004 LATE ITEMS TO BE the type of facility envisioned, suggesting it be tied to an aquarium research center, PLACED ON THIS OR grass, picnic tables, rides for children, and also incorporate retail shops with portable FUTURE AGENDAS: rent. Mr. Turtle indicated that if anyone was interested in such a proposal, he would (Cont'd) offer his time and expertise to put such a package together. Paul Lamoureux, 602 Whidby, noted recent publicity that the Amber Alert will be placed on the interact. Inquiring as to whether the Amber Alert would be made a part of the PenCom system, Mr. Lamoureux requested that the public be kept informed on the matter. Mr. Lamoureux then inquired as to whether public input would be sought on the matter of the Green Crow Development Agreement, to which Mayor Headrick responded the Council would be asked this evening to set a date to conduct a public hearing on that issue. Mr. Lamoureux then addressed the usage of acronyms in City documents, requesting that the entire name be made available. FINANCE: 1. Equipment Purchase: Refuse Collection Truck Purchase of Refuse Public Works & Utilities Director Cutler summarized the purchase of a refuse Collection Track collection truck as a replacement of a 1992 vehicle with over 9500 hours of use. He indicated the purchase had been made a part of the budget. In response to Councilmember Pittis, Director Cutler indicated the vehicle currently being used would be traded in as part of this transaction. Councilmember Pittis moved to reject bids from Western Peterbilt for the Peterbilt/McNeilus and Peterbilt/Wayne Curbtender as being non-responsive and award and authorize the City Manager to sign the contract and purchase order with Western Peterbilt/Labrie, in an amount not to exceed $190,000.00. The motion was seconded by Councilmember Braun and carried 6 - 1, with Couneilmember Munro voting in opposition. Councilmember Munro informed the Council that his opposing vote was a result of his belief that the private sector should be collecting trash. CONSENT AGENDA: Councilmember Pittis referenced the City Council minutes of July 6, 2004, Packet Page No. 15, last paragraph, wherein the error correction noted in Condition No. 5 was transposed. The actual correction should be from "...an 8-inch water service" to "...an 8-inch water main". Couneilmember Rogers moved to accept the Consent Agenda, to include: 1.) City Council Minutes of July 6, 2004, as corrected; 2.) Expenditure Approval List - July 9, 2004 - $884,024.99; 3.) Electronic Payments - July 9, 2004 - $1,604,793.48; 4.) Wholesale Water Contract with Public Utility District; and 5.) Household Hazardous Waste Collection Event scheduled for September 24, 2004. Councilmember Munro seconded the motion, which carried 6 - 0, with Councilmember Pittis abstaining from the vote on the July 6 minutes due to absence from the meeting. CITY COUNCIL None. COMMITTEE REPORTS: ORDINANCES NOT 1. Adoption of 2003 State Building/Fire Codes: REQUIRING PUBLIC HEARINGS: Fire Chief McKeen advised the Council that the Fire Marshal and thc Building Inspector wouldbe making a presentation on the proposed adoption of the International Adoption of 2003 State Codes, noting that Jim Lierly, Building Inspector had previously worked under thc Building/Fire Codes International Codes the Council wouldbe asked to approve. Additionally, Fire Marshal Ordinance No. 3165 Dubuc has taken classes in preparation for the adoption of the Codes. Aided by PowerPoint slides, Fire Marshal Dubuc reviewed the history of the use of the Model Code, something that was developed by a consensus process for use by many jurisdictions. The Uniform Code, which became law when enacted at thc local level, has been used for thirty or forty years. Southern states used standard codes, and eastern states used t/different national code, resulting in a tremendous amount of confusion - 2- CITY COUNCIL MEETING 5367 July 20, 2004 ORDINANCES NOT nationwide. A great deal of pressure was mounted to establish a code that could be REQUIRING PUBLIC used nationally, and a council was formed to bring the best of all codes together in the HEARINGS: form of the International Codes. Although the effort took quite some time, it finally (Cont'd) came to fruition and is now being presented to the Council for approval. Mr. Dubuc informed the Council that all states, with the exception of California, plan to move to Adoption of 2003 State the International Codes as of July, 2004. As part of the 2003 International Codes, the Building/Fire Codes Building Code, Fire Code, Residential Code, Mechanical Code, and Pltanbing Code Ordinance No. 3165 are recommended for adoption. (Cont'd) Fire Marshal Dubuc indicated that, for the most part, it would be "business as usual" for the community, as some chapters have been moved and renumbered, and some def'mitions and classifications incorporated changes. He also indicated the City has not made any amendments beyond those proposed by the State Building Code Council. The City has been involved in discussions with the community to keep the public informed as to the changes, and educational seminars have been conducted for members of the construction industry. Chief McKeen then described a proposal to modify the existing fire sprinkler ordinance, providing a subsidy for fire sprinkler installations in multi-family dwellings in the form ora $200 rebate per unit for the cost of the fire sprinkler installation up to 15 units per building, at a maximum $3,000 rebate per multi-family building. In the ensuing discussion, Building Inspector Lierly responded to Councilmember Erickson by indicating the County had already adopted the International Codes. Councilmember Pittis asked that the Codes be made available at the Library, and CouncilmemberWilliams felt it should also be made available on the City's web page. Councilmember Munro asked for a reaction from the construction community. Gary Haley, 4923 Happy Valley Road, thanked the City for providing facilities to conduct the classes on the new Codes. He felt it would take a few months to get a good handle on the changes, and he has received input from others in the community that certain aspects of the Codes are more restrictive. However, it is recognized that the Codes will also provide more uniformity, and he was looking forward to keeping lines of communicationopen with the City on any issues or questions that may arise. When asked by Councilmember Munro if there would be any associated cost increases because of the new Codes, Mr. Haley indicated there would be an increased need for engineered projects, thus resulting in increased costs, but he would need more time to determine the level of increase. He indicated that most changes made had to do with seismic and structural issues. Councilmember Pittis suggested the notion of less prescriptive approaches for residential construction in the City so that costs for engineering could be reduced. Mr. Haley indicated he would look forward to discussing such options with the City. After further brief discussion, Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3165 AN ORDINANCE of the City of Port Angeles, Washington, adopting the 2003 editions of the International Building, Mechanical, Fire and Residential Codes, the 2003 Uniform Plumbing Code, the Washington State Energy Code, the 2003 National Electrical Code with State amendments and updated appendices as specified and amending Ordinance 2995 as amended and Chapters 14 and 18 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Erickson seconded the motion, which carried unanimously. -3- 5368 CITY COUNCIL MEETING July 20, 2004 Adjustment of Industrial 2. Adjustment of Industrial Electric Base Monthly Charge: Electric Base Monthly Charge Manager Quinn reviewed the proposed Ordinance to adjust the industrial electrical base Ordinance No. 3166 monthly charge, which authorizes an adjustment to the base charge currentlybeing paid only by Nippon Paper Industries. He equated the charge to actually being an administrative charge, and it is recommended that the charge be waived for the remainder of the second half of 2004 and placed in an annual review as part of the budget process. Manager Quinn felt that such a change fits well with the City's efforts to improve operating efficiencies in support of the community. Councilmember Rogers added that the matter had been thoroughlyreviewedby the Utility Advisory Committee, who unanimously endorsed passage of the Ordinance. Councilmember Pittis inquired as to the future process to be implemented for a review of this waiver, and Manager Quinn indicated it would be reviewed by the Finance Committee during budget considerations. He agreed the matter could also be reviewed by the Utility Advisory Committee, which was supported by Councilmember Pittis. Councilmember Williams inquired as to whether there was any possibility of preferential treatment because of other rate classes. Attorney Bloor noted State law is such that customers within the same rate classification must be treated equally, so all customers who are under the clause related to Industrial Transmission must have the same administrative charge. If another company were to qualify for that rate, it would have the same parameters for setting the charge. This would be a requirement of State law, even if not stated in the Ordinance. Councilmember Williams observed that a new industry qualifying for the Industrial Transmission rate would then be treated the same as Nippon, with whichAttorney Bloor agreed. Councilmember Pittis followed up with that commentary and questioned the need for mentioning Nippon in the Ordinance. It was agreed Nippon need not be includedin the Ordinance. Mayor Headrick then read the Ordinance by title, entitled ORDINANCE NO. 3166 AN ORDINANCE of the City of Port Angeles, Washington, amending the provisions relating to the basic monthly charge for industrial transmission and revising Ordinance 3145 and Section 13.12.071 of the Port Angeles Municipal Code. Couneilmember Braun moved to adopt the Ordinance as read by title, with the deletion of Nippon Paper Industries. Couneilmember Williams seconded the motion, and discussion ensued with regard to the impacts on utility taxes paid the City. A vote was taken on the motion, which carried unanimously. RESOLUTIONS: None. OTHER 1. Development Agreement: Green Crow Campbell Avenue Subdivision and CONSIDERATIONS: Proposed Planned Residential Development: Development Agreement - Manager Quinn informed the Council that the proposed Development Agreement is Green Crow presented for Council consideration. If the Council wishes to proceed with the proposed agreement, it must set a public hearing for the next Council meeting to receive public input on the proposal. He indicated staff would be prepared to make a presentation at that time as well. Following due consideration, the Council agreed by consensus to conduct a public hearing at its meeting of August 3, 2004. Solid Waste Export and 2. Solid Waste Export and Transfer Station Systems Interlocal Agreements: Transfer Station Systems Interlocal Agreements Director Cutler provided background information on the two interlocal agreements contained in the packet, one including the City of Sequim and one excluding the City CITY COUNCIL MEETING 5369 July 20, 2004 Solid Waste Export and of Sequim. The City of Sequim had requested certain changes to the agreement, which Transfer Station Systems were then negotiated, along with the County, and are reflected in the agreement. The Interlocal Agreements two agreements are based on whether or not the City of Sequim opts to participate. (Cont'd) Power Resource Manager Dunbar then itemized in detail the differences between the two agreements, as well as the changes incorporated. Councilmember Braun requested clarification on Section 10.C. having to do with withdrawal. Director Cutler and Power Manager Dunbar explained that, if the City were to suffer financial damages due to withdrawal of one of the parties, then the City could opt to invoke a penalty. The Council was advised that the City of Sequim is scheduled to meet tomorrow to consider the interlocal agreement. Clallam County approved both agreements at a meeting earlier in the day and is also awaiting a decision from the City of Sequim. Director Cutler indicated the City plans to advertise the RFP this coming Sunday, and the interlocal agreement will be included as part of a good faith effort. Mr. Dunbar continued with a review of the agreements, noting that any additional parties who may choose to participate in the agreement at a later date must agree that the regional system would be their designated solid waste system. That party must also adopt a resolution agreeing to the disposal district established by the County. Councilmember Williams moved to approve the interlocal agreements and authorize the Mayor to sign the appropriate interlocal agreement based on the City of Sequim's decision and, further, that staff be authorized to make minor non-material changes to the agreement prior to signing, as approved by the Mayor, if necessary. The motion was seconded by Councilmember Erickson. In the ensuing discussion, Councilmember Munro inquired as to whether the liability has always been placed on the City, and Director Cutler responded that was the case, as the City would recover the costs through rates. Councilmember Munro asked if the City of Sequim were to choose not to participate, but they have waste at the Landfill, would they still carry some responsibility for that potential liability. Director Cutler indicated he would need input from the City Attorney in that regard, and Attorney Bloor responded that Sequim's past disposal of waste at the Landfill would make them a potential responsible party with a theoretical liability. As a practical matter, that issue may be difficult to trace. Councilmember Munro then asked if past agreements addressed the liability factor, and Director Cutler recalled that previous agreements were for the purpose of rate setting and did not necessarily address liability issues. Lengthy discussion ensued, and Councilmember Munro cited the cost of managing the Landfill, seeking assurances the City has not changed its risk posture from what it is today. Director Cutler indicated the City's waste stream represents approximately 45%, the County represents about 45%, and Sequim represents about 5 - 10%. Power Manager Dunbar advised the Council that closure and post-closure funds are fully funded. Director Cutler pointed out that, with the County signing an agreement for a twenty-year period, the City would have the ability to set rates to recover, should . ~ something in the liability arena arise. CouncilmemberPittis provided a historical perspective of the Landfill that included the days of burning waste, moving waste over the side of the bluff, building a liner, and the like. The City has always been the party that carried the burden of liability. Attorney Bloor advised the Council that the City is holding other parties harmless from ownership and operation of the Landfill, but not from the deposit of materials that would make the other parties liable under Federal and State law. The City has not changed liability from past operations. Councilmember Rogers emphasized the fact that the City is closing the Landfill because of FAA requirements due to the close proximity of the Landfill to the airport. She added that anyone on the Peninsula who contributes to the Landfill must share in the liability. After further discussion, a vote was taken on the motion and carried unanimously. -5- 5370 CITY COUNCIL MEETING July 20, 2004 PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: Manager Quinn referenced the update included in the Information Agenda on Combined Sewer Overflow. Other reports addressed water usage, as well as building activity. He reminded the Council of the retreat scheduled for Thursday, July 22, at 3:00 p.m., which he preferred to conduct in the form of a brain-storming session. He suggested the possibility of the Council revisiting issues discussed at six-week intervals. Finance Director Ziomkowskishared with the Council a recent occurrence ora possible tragedy being averted by employee Lisa Hainstock's actions to alert oncoming traffic of a runaway car. Mayor Headrick introduced Mr. Matt Blanchard of the Makah Tribe, who expressed interest in solid waste in terms of co-generation on the Tribe's behalf. Councilmember Pittis suggested that Mr. Blanchard meet with Director Cutler to discuss the possibility of co-generation in a partnership with the contractor. Manager Quinn agreed that this possibility could be explored. Break Mayor Headrick recessed the meeting for a break at 7:40 p.m. The meeting reconvened at 7:55 p.m. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced there was need for an Executive Session with an item subject to Subparagraph (d), RCW 42.30.110, to review negotiations on a publicly bid contract and Subparagraph (i), RCW 42.30.110, to discuss with legal counsel representing the agency matters relating to potential litigation to which the agency is likely to become a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. The projected closing time for the Executive Session was 9:10 p.m. At approximately 9:10 p.m., the meeting was extended to 10:00 p.m. by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 10:00 p.m., no action was taken, and the Council SESSION: reconvened in regular open session. ADJOURNMENT: r-l:he~meeting was adjourned at 10:00 p.m. Rl:hard A. HeadlOck, 1V[~yor B~"cky J. U~ton,~i~C~lerk - -- -6-