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HomeMy WebLinkAboutMinutes 07/21/2009 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES/ PRESENT A TIONS & EMPLOYEE RECOGNITIONS: PUBLIC COMMENT: e 6481 CITY COUNCIL MEETING Port Angeles, Washington July 21, 2009 Mayor Braun called the regular meeting ofthe Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, and Rogers. Members Absent: Councilmember Williams. Staff Present: Manager Myers, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, N. West, Y. Ziomkowski, T. Pierce, B. Smith, D. Beery, R. Bonine, R. Korcz, L. Dunbar, C. Delikat, and S. Sperr. Public Present: 1. Holcomb, R. Nicholls, L. Bennett, 1. Ford, M. Harbaugh, J. and P. Johnston, D. Schanfald, S. Nixon, P. Downie, B. Clampett, L. Little, E. Petersen, N. Turner, D. Pilling, and B. Reed-Schultz. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Kidd. None. John Ford, 174 Hoare Road, Port Angeles, spoke as a proponent of the dog park, indicating he was involved in the earlier consideration. Many individuals have dedicated hours to make the project happen, and the location on 7th Street appears to be viable. Mr. Ford indicated everyone will help take care of the park, and it is time for the City to step up with an off-leash dog park. He suggested the Chamber of Commerce should advertise the park as well. Mr. Ford asked for the Council's support. Larry Bennett, 804 W. 7th Street, spoke in opposition to the dog park, as he felt it should not be located in a residential area, but should be located in the outskirts ofthe City. Mr. Bennett was appalled that a meeting of 18 people could be interpreted as a community mandate for the dog park. He knew there were others not in support of the park, so he collected 64 signatures on a petition which he presented to the Council. Mr. Bennett addressed the wishes and needs of the neighborhood children, the elderly, and the residents of area apartment buildings. Janet Marx, 112 Lockerbie Place, provided comments on the HarborWorks' request for a $500,000 loan from the City. Ms. Marx felt there is no clear vision of a final product, none ofthe entities involved in the clean-up understand the extent ofthe cost, and this is a Native American cultural site with undefined ramifications. Ms. Marx noted that it is unknown if the property has enough value to cover potential clean-up costs. She felt it - 1 - 6482 CITY COUNCIL MEETING July 21,2009 PUBLIC COMMENT: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: premature for the City to continue loaning large sums of money on a risky project. Paulette Willson, 106 Fogarty Avenue, Charles Willson's daughter, read a statement in support of the dog park on behalf ofthe Willson family. The dog park was discussed with the family, who were all supportive of the proposal. They also discussed making a donation. Ms. Willson has driven by the park many times and has seen no one in the park, which doesn't help property values in the area. She felt this is a wonderful park that needs to be used, and the dog park feature will benefit everyone in the community. e Betty Anderson, 118 Motor A venue, spoke in support of the dog park, noting the park has been in poor condition and has not been used. She stated she was willing to commit support for the park with a donation, and she drafted up some ideas for the development of the park. She provided the Council with a copy of her vision of the park. Robert Nicholls, 523 W. 7th Street, indicated that dogs use the park now, but no one cleans up after them. The dogs use his front yard as well. Kids use the park for T-Ball, and no one in the block wants a lot of barking dogs in an area that won't be kept clean. Darlene Schanfald, address not stated, referenced the Net Meter Ordinance amendment, recommending the Council not waive the second reading, but hold a public forum to explain what this is about. She felt this is not a simple housekeeping measure, and there is no rush for adoption. She indicated the Ordinance doesn't address the types of alternative energy sources, as there are some that are good and some that are bad. Ms. Schanfald then addressed the proposal for Rayonier to provide funds to the HarborW orks Development Authority. The public was told there would be no public funds used, as HarborWorks would seek its own funding. Thus far, there has been no effort to obtain private funding, something that the Board could have pursued by now. Kathy Roblan, 523 W. 7th, resides across the street from the proposed dog park. She explained she wasn't opposed to a dog park, but is opposed to this particular location. She pointed out there is parking available on only one side, and since many residents don't have driveways, they must park on the street. Ms. Roblan felt the loss of the park for T-Ball and basketball is significant, and the City is incorrect in saying no one uses the park. She felt the park should remain as it is and should not be divided. Doggie bags should be provided for those bringing their dogs to the park. The City might seek a compromise by using Lincoln Park. Shirley Nixon, P. O. Box 178, referenced the Net Meter Ordinance, indicating it contains a policy statement that should be addressed. She felt the Council should follow its rules by conducting a second reading of the Ordinance. Ms. Nixon then directed attention to funds spent on outside legal counsel, asking the Council to question the need for outside legal services regarding redevelopment of the Rayonier site. She also noted expenditures for outside grant writing services, and she felt it would be more cost effective to write the requests in house or by adding a new position. Ms. Nixon noted the amount of interest accruals posted to the Economic Development Fund, and she suggested that money be placed in General Fund. She was pleased with the tools and records made available on the City's website. Jennifer Holcomb, 1334 Samara Drive, indicated there has been interest in creating a dog park since 200 I. She felt there is a benefit to having a dog park as an outlet for dogs and people to interact with each other and to get to know the community. Ms. Holcomb indicated the Sequim dog park has worked out very well, and she asked for the Council's support. There were no reports submitted by the Councilmembers. e - 2 - WORK SESSION: e National Maritime Heritage Area! Department of Archaeology & Historic Preservation Network Needs Assessment & Public Safety Considerations e CITY COUNCIL MEETING 6483 July 21,2009 I. National Maritime Heritage Area / Department of Archaeology & Historic Preservation - Request for Letter of Support: Director West introduced Allyson Brooks, Ph.D., the State Historic Preservation Officer, who used PowerPoint slides to discuss the proposed National Maritime Heritage Area, which is a Federal designation for the purpose of enhancing heritage tourism. Dr. Brooks explained this is not a regulatory process, but Federal grant money could be received to benefit community heritage groups to celebrate working waterfronts and support healthy marine waters. She added that a National Heritage Area recognizes the best examples of the nation's cultural and historic heritage, and it is locally initiated and managed once designated by Congress. Dr. Brooks explained why Washington should pursue the designation, providing a historical perspective on the first heritage areas and their locations. She provided a summary of the process to be initiated, starting with a feasibility study. The level of interest must be ascertained at this time, so Dr. Brooks is speaking to various agencies and entities to seek letters of support. She reviewed the boundaries of the various areas that have been identified along the coastline and one- quarter mile inward, to include the saltwater coast north of Pacific County, and the Pacific, Strait, and Puget Sound coasts, Seattle's Ship Canal, Salmon Bay, and Lake Union. Because the Heritage area would be managed by an existing or new non-profit organization, it is envisioned the management task could be organized under the Washington Trust for Historic Preservation with the support ofa Steering Committee. Lengthy discussion ensued, and Dr. Brooks answered questions posed by the Council on such matters as the potential for regulations and eminent domain impacts, as well as language that would stipulate there is no intention to regulate land use, public land policy, or private activity. Dr. Brooks assured the Council that the goal is to create a sustainable management entity with funding, and she indicated she would like to hear from the Council and, hopefully, obtain a letter of support. Discussion centered around the need to get all organizations to work together in the common interest of tourism, as there may be an additional duplication of effort with the creation of a National Maritime Heritage Area. Dr. Brooks indicated the reason this idea is moving forward is because there is federal funding for heritage areas, and the State Legislature wanted to find a way to form the heritage areas to obtain the funding. Discussion was then generated on fishing and shipping impacts, why the Long Beach Peninsula wasn't included, and how the funds would be spent. Dr. Brooks explained the funds would be directed to the management organization, which in turn would provide grants for heritage activities. The question was raised as to whether funds could be used for private enterprise in the interest of tourism, and Dr. Brooks indicated she would seek an answer to that question. Following further discussion, Mayor Braun asked that any Council concerns be directed to the City Manager who would place this on the next Council agenda for discussion. The Mayor thanked Dr. Brooks for the presentation. 3. Network Needs Assessment & Public Safety Considerations: Public Works & Utilities Director Cutler informed the Council that the City's 7-year Institutional Network Services Agreement with Capacity Provisioning, Inc., will expire on September 6, 2009. Columbia Telecommunications Corporation assessed the City's network and the Police and Fire Departments' wireless mobile data needs. Power Systems Deputy Director Dunbar discussed the City's fiberoptic network and provided a chronology of past agreements in which I-Net backbone services were provided to the City. Deputy Director Dunbar indicated that Capacity Provisioning provided a means by which City facilities could communicate, but the City's needs and security needs have changed dramatically. Deputy Director Dunbar introduced Lee Afflerbach, Columbia Telecommunications, who was present at the Council meeting via video conferencing technology to make a presentation on Columbia's findings and recommendations. Using PowerPoint slides, - 3 - 6484 CITY COUNCIL MEETING July 21, 2009 Network Needs Assessment & Public Safety Considerations (Cont'd) Break Mr. Afflerbach provided an in-depth review of the City's network reliability and capacity, indicating there is a near-term need for refreshing the local area network equipment technology. He felt replacement could be delayed at some City sites, but municipal area network equipment is at the end of its useful life. Mr. Afflerbach addressed current security systems and configurations, and he recommended the construction of dedicated fiber links to leverage available I-Net fiber to create a diversely routed ring between key network sites. He also suggested the installation of core network switching solutions at key sites, which would eliminate unnecessary network hops and hardware between critical systems and users and would enhance reliability and reduce network complexity. Mr. Afflerbach also reviewed recommendations on a hardware configuration, as well as fiber construction. He discussed his recommendations relative to the services agreement, which would include enhanced access to I-Net backbone fibers and advanced services in the interest of stimulating economic development. Mr. Afflerbach recommended an extension be negotiated for the current I-Net services agreement and that competitive solutions and pricing be solicited for existing and future network needs. e Mr. Afflerbach then directed attention to mobile broadband needs for emergency services. He reviewed current capabilities and the importance of new applications that are becoming increasingly critical. At the present time, the Police Officers carry Blackberry devices, and the Fire Department has no mobile data capabilities. Mr. Afflerbach recommended the creation of a City-owned and operated network, and he suggested the pursuit of Federal Stimulus Act grant funding to reach that goal. Lengthy discussion ensued with regard to the potential for grant funding, the importance of a thorough analysis of the RFP's submitted, the issue of interoperability requirements and dealing with disasters, and the broadband opportunities currently available in Port Angeles. Deputy Director Dunbar provided an explanation of the scope of work for the RFP for the I-Net, which will be separate from the grant applications. He discussed costs that could be anticipated on the part of the City, and Director Cutler explained how the costs might be amortized over the length of the contract, similar to what was done with regard to the Transfer Station. When asked about the involvement of the Finance Department, Director Ziomkowski indicated she had recommended the use of CIP unallocated funds for the public safety portion of the RFP. Staff was asked to provide the entire consultant's report to the Council. Director Cutler provided clarification on how the costs are allocated equally across the City's various funds based on overall use of the system. Consideration was also given to the benefits to the community, the future enhancement of economic development opportunities, and the multiple choices available for businesses based on their individual needs. Mr. Afflerbach felt that, in comparing Port Angeles to other areas, Port Angeles isn't as well served. Discussion then centered on the importance of future partnerships with other agencies, after which Fire Chief McKeen and Deputy Police Chief Smith shared information relative to the need for mobile data which would make both departments more efficient and effective. Councilmember Perry moved to authorize the City Manager to negotiate and execute an acceptable extension of the term of the I-Net Services Agreement with Capacity Provisioning, Inc.; and authorize the Mayor to sign an amendment to the agreement with Columbia Telecommunications Corporation in an amount not to exceed $87,070 to proceed with a request for proposal and grant application; and authorize the City Manager to make minor modifications to the agreement, if necessary. Councilmember Di Guilio seconded the motion, which carried unanimously. Mayor Braun recessed the meeting for a break at 8:05 p.m. The meeting reconvened at 8: 17 p.m. e - 4 - OTHER CONSIDERA TIONS: e Charles R. Willson Park Usage PUBLIC HEARINGS - QUASI-JUDICIAL: Hankins Rezone WORK SESSION: (Cont'd) e Port Angeles Regional Chamber of Commerce Quarterly Report CITY COUNCIL MEETING 6485 July 21,2009 J. Charles R. Willson Park Usage: Recreation Deputy Director Bonine and Parks & Street Superintendent Delikat used PowerPoint slides to present information to the Council relative to the proposed use of the Charles R. Willson Park as an <;lff-leash dog park. They discussed the status of the current park in terms of use and equipment, location, and existing features. They also reviewed the concept and advantages of an off-leash dog park, as well as citizen concerns. Discussion followed as to hours of operation, long-term maintenance costs that might be expected, and the fact that citizens have volunteered to maintain the park. Director Cutler indicated that staff is looking for direction ITom the Council, after which a plan could be developed and returned to the Council for consideration. Individual Councilmembers expressed their opinions of the proposal, with some stating their willingness to give the park a try, and others questioning the appropriateness ofthe chosen location. Discussion also focused on safety issues related to parking and whether there should be a public hearing. Deputy Mayor Wharton moved to direct staff to develop a plan to create an off-leash dog park at Charles R. Willson Park. Councilmember Perry seconded the motion. In the brief discussion that followed, it was noted that the concerns expressed are valid, but the dog park may be worthy of a try. Also, it was suggested that parking not be allowed in ITont of the residences. A vote was taken on the motion, which carried by majority vote, with Councilmembers Di Guilio and Kidd voting in opposition. 1. Hankins Rezone: Director West summarized information pertinent to the proposed rezone of Lots 11 and 12, Block 239, and Lots 9 and 10, Block 260, located at 8th & B Street, ITom Residential Single Family (RS-7) to Commercial Office (CO). The Planning Commission forwarded a unanimous recommendation for approval. In that this is a quasi-judicial hearing, the Council was questioned as to appearance offairness. Councilmember Rogers lives in the area, but has no interest in the property, and her husband is a realtor. Discussion followed, with Director West providing clarification on the size of the rezone, as well as the selection of the Commercial Office zone. Mayor Braun opened the public hearing at 8:55 p.m. There being no public testimony, the public hearing was continued at 8:55 p.m. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, rezoning Lots 11 and 12 of Block 239, and Lots 9 and 10 of Block 260, Townsite of Port Angeles, ITom Residential Single Family (RS-7) to Commercial Office (CO). Manager Myers inquired of the Council as to how it wished to proceed with the remainder of the agenda in view of the lateness ofthe hour. Mayor Braun suggested that Agenda Items D.2. and D.4. be deferred to the next Council meeting. He further suggested that the entire Finance Agenda be moved to the Consent Agenda; however, it was requested that Finance Agenda Items K.I., K.2., and K.7 be considered separately. The Council also agreed by consensus to move Agenda Items F.2. and F.3. to the Consent Agenda, which constituted a first reading of both Ordinances. 2. Port Angeles Regional Chamber of Commerce Quarterly Report: This report was deferred to the next Council meeting. - 5 - 6486 CITYCOUNCIL MEETING July 2 I, 2009 20 I 0 Budget Preparations / 2009 Mid- Year Report LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Net Metering Ordinance Amendment Medic I Transport Rate Adjustment Facade Improvement Program Treatment Plant Operations & Maintenance Fund Reserves 4. 2010 Budget Preparations /2009 Mid-Year Report: This report was deferred to the next Council meeting. e Manager Myers added an Ordinance regarding Treatment Plant Operations & Maintenance Funds Reserves as Agenda Item FA. 1. Net Metering Ordinance Amendment: Public Works & Utilities Director Cutler informed the Council this is a housekeeping revision to Section 13. I 0.065 of the Port Angeles Municipal Code to ensure consistency with the terms of Chapter 80.60 RCW. It will also enable the Department's Electrical Engineering Manager to establish consistent Customer Interconnection Standards. The Ordinance addresses renewable energy, such as that from wind and solar power, whereby the customer receives credit through a State-run project at no cost to the City. The Utility Advisory Committee forwarded a recommendation that the second reading of the Ordinance be waived. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, revising Section 13.10.065 of the Port Angeles Municipal Code relating to net energy metering. Following discussion, the Council agreed by consensus that a second reading of the Ordinance should be conducted at the next meeting. 2. Medic 1 Transport Rate Adjustment: This item was moved to the Consent Agenda. 3. Facade Improvement Program: This item was moved to the Consent Agenda. 4. Treatment Plant Operations and Maintenance Fund Reserves: Director Ziomkowski advised the Council that the proposed Ordinance designates an account that will satisfy the requirement for a reserve fund as set by the 1998 and 2003 Water/Wastewater Bond Ordinances. She explained how the requirement can be met, noting the amount of $ I . I mi lIion needs to be set aside in a reserve fund. In addition, the bond market may be favorable for refunding or refinancing the bonds in the near future, and by setting these reserves, the Ordinance would facilitate such a refunding. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, revising Chapter 3A2 of the Port Angeles Municipal Code relating to the Treatment Plant Operations and Maintenance Fund. Director Ziomkowski indicated the recommendation is to conduct a first reading of the Ordinance and allow the Finance Director to proceed with refunding the outstanding bonds when market conditions become favorable. She responded to questions posed by the Council regarding the City's future capital requests as they relate to bonding capacity, e - 6 - e Treatment Plant Operations & Maintenance Fund Reserves (Cont'd) RESOLUTIONS: PUBLIC HEARINGS - OTHER: FINANCE: CONSENT AGENDA: FINANCE: (Cont'd) Eastern UGA Sewer Contract, Project 05-30, Change Order No.3 e Department of Energy Smart Grid Grant App.liG..ati~n ~ ,~ CITY COUNCIL MEETING 6487 July 2 I, 2009 which will not be negatively impacted, because this is not a GO Bond. Discussion also focused on the time frame for the refunding of the bonds, and Director Ziomkowski indicated the market is changing on a daily basis. She and Attorney Bloor provided clarification on the process for refunding, advising the Council that, once preliminary work has been completed, a Bond Ordinance would be returned to the Council for approval, and an Official Statement must be prepared. Deputy Mayor Wharton moved to authorize the Financ.e Director to proceed with refunding the City's outstanding Water/Wastewater bonds when market conditions become favorable. The motion was seconded by Councilmember Kidd, and following further brief discussion, a vote was taken on the motion, which carried unanimously. None. None. Earlier in the Council meeting, it was agreed that the following Finance Agenda Items would be moved to the Consent Agenda: 3. Lodging Tax Allocation Approval 4. Lease Agreement - 110 Railroad 5. Electrical Improvements - 110 Railroad 6. Amendment No. I to Perteet Consultant Agreement Deputy Mayor Wharton moved to accept the Consent Agenda, to include: I.) City Council Meeting Minutes of July 7, 2009; 2.) Expenditure Approval List from 6/27/09 to 7/10/09 for $ 1,865,339.40; 3.) Elwha Distribution Relocation, Project USOO 16, Final Acceptance; 4.) Smart Grocer Agreement; 5.) Medic I Transport Rate Adjustment [constitutes first reading of Ordinance]; 6.) Facade Improvement Program [constitutes first reading of Ordinance]; 7.) Lodging Tax Allocation Approval; 8.) Lease Agreement - 110 Railroad; 9.) Electrical Improvements - 110 Railroad; and 10.) Amendment No. 1 to 'Perteet Consultant Agreement. The motion was seconded by Councilmember DiGuilio and carried unanimously. I. Eastern UGA Sewer Contract, Project 05-30, Change Order No.3: Director Cutler advised the Council that the Eastern Urban Growth Area (EUGA) Sewer Interceptor project has been completed in a partnership between the City and the County. The current Walmart store is being hooked up to the sewer line, and Walmart provided funding for the hook up of the new store. Several other customers have been added to the sewer line, thus providing system development charges. This is the final change order, and Director Cutler was pleased to report that the project came in under the cap set by the City Council and the Board of Commissioners. The change order was approved by the Board of Commissioners. Councilmember Di Guilio moved to approve Change Order No.3 to the contract with Primo Construction, Inc., for the EUGA Sewer Interceptor Project 05-30 in the amount of $168,998.20, for a total contract amount of $5,232,000.00, including applicable tax; and accept all work as complete; and authorize release of the retainage upon receipt of required clearances. The motion was seconded by Deputy Mayor Wharton, and following sentiments of congratulations to the staff, a vote was taken on the motion, which carried unanimously. 2. Department of Energy Smart Grid Grant Application: Il :. '. " .. ;:Power Systems Deputy Director Dunbar informed the Council that the U.S. Department '. ': dt;Energy is currently solic:iting applications for its Smart Grid Investment Grant that will provide grants of up to 50% of the cost of qualifYing technologies~ The grant may - 7 - 6488 CITY COUNCIL MEETING July 21,2009 Department of Energy Smart Grid Grant Application (Cont'd) American Recovery & Reinvestment Act Grant Applications INFORMA TION: EXECUTIVE SESSION: ADJOURNMENT: provide up to 50% of the cost of qualifying Smart Grid devices, such as an Advanced Metering Infrastructure for the Electric Utility, as well as costs associated with rate studies. The new technology meters may possibly reduce rates. In the ensuing discussion, Councilmember Rogers indicated she would be voting in opposition based on concerns associated with the time line and the lack of calculated benefit to the City in light of the increased Federal deficit. Lengthy discussion followed concerning the complicated nature of the grants, the aggressive time line and competitive process, and the requirements associated with the grants. Director Cutler provided clarification regarding a grant sought for Peabody Street, and he noted the costs associated with the grant request would come from the Conservation Fund, as this grant can only be applied toward the electric side. The Council further considered costs and benefits, and it was noted that the City may have to pay Tier 2 rates if certain projects aren't completed. e Councilmember Di Guilio moved to authorize the City Manager to secure consulting services to assist in the preparation of the application in an amount not to exceed $18,000 and for the Public Works & Utilities Director to submit an application to the U.S. Department of Energy under the Smart Grid Investment Grant program. Councilmember Perry seconded the motion, which carried by a majority vote, with Councilmember Rogers voting in opposition. 7. American Recovery & Reinvestment Act Grant Applications: Deputy Director Dunbar indicated the American Recovery and Reinvestment Act of2009 appropriates grants to units of local government under initiatives such as the Energy Efficiency and Conservation Block Grant Program and the State Energy Program. The Washington State Department of Community, Trade and Economic Development (CTED) recently released a Request for Proposals under the Block Grant program to distribute a portion of the ARRA funds. The City's Capital Facilities Plan and 2009 Budget include the City Hall Annex Energy Conservation Improvements project, and grant funds would reduce conservation fund expenses. The maximum grant award is $135,000. Another project is the street light project, and Director Cutler provided background information on street lighting which was previously handled by the Light Fund and ultimately moved to the General Fund because of a court decision. There is a potential to get more efficient by driving down the General Fund cost to the City. Councilmember Di Guilio moved to authorize the City Manager to engage for consulting services to assist in the preparation of grant applications in an amount not to exceed $10,000 and for the Public Works & Utilities Director to submit grant applications. The motion was seconded by Deputy Mayor Wharton, and following brief discussion, a vote was taken on the motion, which carried by a majority vote, with Councilmember Rogers voting in opposition. Manager Myers informed the Council that staff was joined by Councilmembers Rogers and Di Guilio in meeting with Rayonier officials yesterday to provide an update on the Rayonier property and what is going on in the community. A business meeting held earlier today was attended by Councilmembers, community leaders, Rayonier, and representatives of DOE, and stafflater met with the DOE officials to update them on the CSO and HarborW orks. Manager Myers felt the mood of the community is to move the Rayonier project forward. None. The meeting was adjourned at 9:54 p.m. b t:Lftt-C;~.. <" Gary Braun, or . e ~(IJP~~~ Becky 1. UPt~City erk - 8 -