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HomeMy WebLinkAboutMinutes 08/17/2004 5396 CITY COUNCIL MEETING Port Angeles, Washington August 17, 2004 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 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, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, T. McCabe, S. McLain, T. Smith, S. Johns, R. Hoffman, and D Bellamente. Public Present: E. Tuttle, L. Gustafson, E. Kailin, T. Ahlgren, G. Hinderer, B. Loveridge, D. Kari, L. Anderson, D. Fillmore, R. & A. Kennedy, P. Lamoureux, S. & B. Neff, T. Locke, C. Kay, J. Kailin, J. & P. Christopher, J. & B. Wilson, T. Jennings, C. Kidd, D. Shaltry, S. Chapman, S. Kennedy, and B. Frederick. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Fire Chief McKeen. ALLEGIANCE: PUBLIC CEREMONIES, Port Angeles Senior Center Washington State Senior Games Team - Recognition of PRESENTATIONS AND Medal Winners: PROCLAMATIONS: Mayor Headrick, Parks & Recreation Director Connelly, and Senior Center Supervisor Recognition of Medal Bellamente joined in honoring the medal winners from the Port Angeles Senior Center Winners - Washington who participated in the Washington State Senior Games. Honored were: CliffBayuga, State Senior Games Team Yvonne Bayuga, D Bellamente, Joe Cantwell, Nita Davidson, Susan Eidenschink, Dick Goodman, Lucille Gustafson, Juliette Harris, Connie Kay, Elaine King, Sam Minkoff, Beverly Pheasant, Alene Somers, and Liz Tort. It was noted this was the first year the Senior Center members entered the Puget Sound Senior Games, and it was also the first Senior Center to enter as a team. Ms. Bellamente expressed the hope that Port Angeles could serve as the venue for the September 2005 games, and Director Connelly added that Port Angeles could host summer and winter Senior Olympics as well. WORK SESSION: Fluoride Deliberations: Fluoride Deliberations Mayor Headrick resumed the matter of the DNS appeal on fluoride, noting that Mr. Steel, the attorney for the appellants, had asked that one more exhibit be admitted into the record, that being the book, Fluoride Deception, to which the City agreed. The Mayor then closed the public hearing, stating the Council has heard testimony, cross examinations, and arguments and has had the time and opportunity to review the exhibits admitted into evidence. He continued that, in this instance, the Council sits as a quasi-judicial panel to rule as a matter of law whether to accept or reject theDeter- -1- 5397 CITY COUNCIL MEETING August 17, 2004 WORK SESSION: ruination of Non-Significance issued by the SEPA Responsible Official for the City of (Cont'd) Port Angeles in connection with the proposal to fluoridate the City's municipal water supply. Mayor Headrick indicated that each Councilmember would have the Fluoride Deliberations oppommity to speak on the issue, with the legal standard under SEPA being whether (Cont'd) the SEPA Responsible Official had correctly found in the tbxeshold of determination that the proposed action would have no probable significant adverse environmental impact pursuant to WAC 197-11 ~340 (1). He added that each Councilmember would be free to decide the case with or without deliberation, debate or explanation of their decision. Mayor Headrick indicated that whether the benefits outweigh the risk is not the issue and whether the issue of fluoridation should have gone to a public vote is not the issue. There are other non-issues that should also not be used as a basis for denying or upholding the appeal. The Mayor advised the Council that, after it has made its decision, the City Attorney would be asked to prepare findings and conclusions consistent with the Council's decision. Councilmember Rogers, for the purpose of discussion and action, moved that the City Council uphold the issuance of the DNS by the City of Port Angeles, thereby denying the appeal and ordering Attorney Knutson to prepare findings and conclusions for a future meeting. The motion was seconded by Couneilmember Erickson. Individual Councilmembers expressed their opinions of the merits of the appeal, and a vote was taken on the motion, which carried 5 - 2, with Councilmembers Williams and Pittis voting in opposition. The Council was advised that findings and conclusions would be prepared for the next Council meeting, and Councilmember Williams inquired as to whether the Council was now free to discuss the issue with members of the public. Attorney Bloor responded that, technically, the Council's action would not be final until the time the findings and conclusions were adopted. Therefore, it would be appropriate for the Council to refrain from any discussions on the matter until after the next meeting. LATE ITEMS TO BE Manager Quinn asked to add two items to the agenda, the ftrst related to a travel PLACED ON THIS OR request exceeding $1,500 and the second related to a contract award for the Crown FUTURE AGENDAS: Park Sewer and Stormwater Improvements. Both items were added to the Agenda as Items D. 1. and D.2., respectively. FINANCE: 1. Travel Exceeding $1,500- Zenworks for Desktops Training: Travel Exceeding $1,500 - Finance Director Ziornkowski presented information relative to training needed by a Zenworks for Desktops member of the IT staff with regard to Zenworks Desktop Management. She Training summarized for the Council the benefits of this technology-based addition to City capabilities, after which Couneilmember Pittis moved to approve the costs for the travel and training as presented. The motion was seconded by Councilmember Braun and carried unanimously. Award Contract for Crown 2. Award Contract for Crown Park Sewer and Stormwater Improvements, Park Sewer and Stormwater Project 03-12: Improvements Director Cutler summarized the installation of sanitary sewer and storm improvements in the area of the City's 4th Street right-of~way, Crown Park, and along the base of the bluffto the intersection of Hill Street and Marine Drive. The project is being proposed to meet the CSO requirements and is being targeted for completionby December of this year. Director Cutler explained that an easement from Nippon Paper is still outstanding, and he responded to questions from the Council as to the City's preparedness in the event there is an archeological find. Director Cutler indicated that Larsen Archeological will have someone on site during the project work. The Council was advised that the Utility Advisory Committee had recommended approval. Following further discussion, Councilmember Williams moved to award the contract for Crown Park Sewer and Stormwater Improvements, Project 03-12, to Primo Construction, Inc., subject to final execution of an easement with Nippon CITY COUNCIL MEETING 5398 August 17, 2004 FINANCE: Paper Industries (NPI), and to authorize the Mayor, after execution of said NPI (Cont'd) easement, to confirm the award of the project and sign the contract with Primo Construction, Inc., in the amount of $914,767.54. The motion was seconded by Award Contract for Crown Councilmember Rogers and carried unanimously. Park Sewer and Stormwater Improvements (Cont'd) PUBLIC COMMENT: Paul Lamoureux, 602 Whidby, addressed the Council on such matters as brown lawns, the energy program for washing machines, the down spout disconnection project, overall rate increases, and collection of Stormwater Utility fees. Councilmember Rogers provided information to Mr. Lamoureux as to why the City is using the County to bill the stormwater fees, and Parks Director Connelly and Finance Director Ziomkowski provided clarification as to which fund pays for water used by the City. Also, clarification was provided to Mr. Lamoureux that increaseduse of water in the summer months will not increase the sewer charge. CONSENT AGENDA: CouncilmemberBraun moved to accept the Consent Agenda, toinclude: 1.) City Council Special Meeting Minutes of July 28, 2004, Special Meeting Minutes of July 29, 2004, and Regular Meeting Minutes of August 3, 2004; 2.) Expenditure Approval List - August 9, 2004 - $705,845.10; 3.) Electronic Payments - August 9, 2004 - $1,183,153.00; 4.) Electric Transformer Procurement Economic Analysis; and 5.) Surplus Equipment and Vehicles. The motion was seconded by Councilmember Erickson. Clerk Upton pointed out that the motion on Page 8 of the August 3, 2004, City Council minutes regarding the Ludwick Subdivision failed to note the seconder of the motion, as well as the result of the vote. [Clerk's Note: The motion was seconded by Councilmember Williams and carried unanimously.] Councilmember Williams, referencing Page 2 of the July 29, 2004, City Council minutes, asked that the record reflect his objection to being given only 20 minutes to ask questions. A vote was taken on the motion, which carried unanimously, to include the amendments to the minutes as noted. CITY COUNCIL None. COMMITTEE REPORTS: ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Resolution to Set Public Hearing to Consider Increases to Assessments in Parking and Business Improvement Area (PBIA) : Resolution to Set Public Hearing for Increases to Councilmember Erickson moved to pass the Resolution, the title of which is as Assessments for PBIA follows: Resolution No. 14-04 RESOLUTION NO. 14-04 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing to consider an increase in fees charged by the Port Angeles Downtown Association relating to the Parking and Business Improvement Area. Councilmember Pittis seconded the motion, which carried unanimously. Break Mayor Headrick recessed the meeting for a break at 7:10 p.m. The meeting reconvened at 7:16 p.m. PUBLIC HEARINGS - None. QUASI-JUDICIAL: -3- 5399 CITY COUNCIL MEETING August 17, 2004 PUBLIC HEARINGS - Solid Waste Rate Study Presentation: OTHER: Mayor Headrick opened the public hearing at 7:16 p.m. Solid Waste Rate Study Presentation Public Works & Utilities Director Cutler indicated that, with the Landfill closing in 2006, the services of Economic and Engineering Services (EES) were engaged to review the rates to ensure solvency. He added that the rates have been extremely stable, with no rate changes since 1994. Deputy Director of Power Systems McLain indicated the City is dealing with pre-closure rates, and he recommended that the public hearing be continued to the September 7 Council meeting at which time staff will make a recommendation for consideration. Aided by PowerPoint slides, Angie Sanchez of EES reviewed the process of setting cost-based rates, where the revenue requirements are equitably allocated between the various customer classes of service. The rates are designed to meet the revenue needs of the utility, along with any other rate design goals and objectives. She sumn~rized an overview of pre-closure revenue requirements, which included cost considerations, such as operations and maintenance, taxes/transfers, debt service and capital projected funded from the rates. In reviewing the key assumptions incorporated in establishing revenue requirements, Ms. Sanchez had used 2004 as the baseline and, in so doing, incorporated a factor of 18% per year for benefits. Councilmembers Braun and Williams questioned whether that figure was high enough in view of past experience related to escalating costs for medical benefits. Finance Director Ziomkowski indicated there had been a 20% increase in the last two years, and the forecast won't be available until September. However, WCIA has indicated the increase may be below 20%. Ms. Sanchez added that, with a spread of 18 - 22% in medical benefit increases, there would be no significant changes in the dollar amounts of the analysis conducted by EES. Councilmember Pittis felt it would be helpful to have the difference available at the next meeting. Ms. Sanchez reviewed the Utility's Capital Improvement Plan, as well as the projected costs and funding for the Bluff Stabilization Project. She also discussed the conclusions of the revenue requirements and the Utility reserve balances and uses, noting there would be $11,595,000 in reserves and the end of 2004 and $10,335,000 at the end of 2006. EES has recommended a phased-in rate adjustment in the years 2005 and 2006 in the amount of 5% per year. Ms. Sanchez noted it is also recommended that the minimum tip fee be increased at the Landfill, and she proceeded to summarize proposed rate adjustments for the Landfill and for collection. Councilmember Williams queried as to whether consideration might be given to every other week collection. Director Cutler indicated the possibility could be further researched; however, it hadn't been part of the Public Works work plan. Councilmember Pittis noted that a study had been done previously on every other week collection, and he provided a historical perspective of how services evolved at the Landfill. He felt it should be a revenue neutral situation. Concluding her presentation, Ms. Sanchez reiterated the recommendation to institute an increase of 5% in 2005 and 5% in 2006. Councilmember Williams felt it would be helpful to see the numbers instituting a 10% increase in 2005 as opposed to a 50-50 split. Councilmember Munro asked if the residents had less of an inclination to bring trash to the Landfill because of the tipping fee, and he felt it would be beneficial to leave the rate at a lower level and study it again in a year. Also, he expressed the opinion that the City should not be in the business of trash collection due to the investment in capital, and he asked that staffreview the issue in the next year or two. Ms. Sanchez advised the Council that the Utility Advisory Committee had supported the 5% - 5% split, and Director Cutler indicated that the matter was being brought -4- CITY COUNCIL MEETING 5400 August 17, 2004 PUBLIC HEARINGS - before the Council at this time in order to enable the commercial hauler in the County OTHER: to obtain rate increase approval from the UTC. Brief discussion ensued on rates paid (Cont'd) by the City of Sequim, and Director Cutler indicated Sequim is paying the tonnage fee at the Landfill. Director Cutler indicated that EES would now move its analysis to what Solid Waste Rate Study the rates should be when the City moves to a transfer station. Presentation (Cont'd) Councilmember Williams pointed out that commercial businesses are being billed for recycling and, for that reason, they have resorted to having all trash taken to the Landfill. Solid Waste Superintendent McCabe informed the Council that the contract for recycling provides services to residential customers. Commercial recycling must be addressed by the businesses directly with the commercial hauler, and he added that the businesses could also take recycling to the Landfill free of charge. Councilmember Williams suggested that, if the rates are increased, the City sponsor two benefit dump days. Lengthy discussion ensued on the matter of recycling, and Manager Quinn noted there is a great deal of experience based on residential recycling. However, commercial recycling is different in that the materials recycled will vary based on the nature of the business. It would be difficult to arrive at a standard, so the City left this arena of recycling up to the businesses to negotiate with the recycler. Councilmember Pittis provided background information on how commercial recycling started with cardboard and, once expanded, the businesses dealt directly with the contractor. Councilmember Williams suggested that some of the costs should be unbundled, and Superintendent McCabe indicated the Recycling Coordinator would be meeting with the members of the Downtown Association in the near future to discuss their recycling needs. Paul Lamoureux, 602 Whidby, supported the suggestion of every other week collection, and he added the suggestion to offer this collection at one-half the fee. He also suggested that 45-gallon cans be considered. Paula Cunningham, 631 E. Park, informed the Council she was a former resident of Seattle. She indicated Seattle collected trash every other week out of 30-gallon containers. The 90-gallon containers were reserved for recyclables. Ms. Cunningham felt there should be incentives for recycling. Director Cutler indicated the City has left the recycling issue open in the RFP so that the contractors can submit a detailed proposal. Councilmember Braun felt the 90- gallon containers were beneficial in that they could be kept on a resident's property as opposed to the alley cans that were often filled by non-residents. Ms. Cunningham again approached the podium, indicating Seattle also had 12-gallon containers. Councilmembers Williams inquired as to how small a container the mechanized equipment could handle, and Superintendent McCabe indicated the smallest size the City's trucks could pick up would be the 60-gallon containers. After further brief discussion, Mayor Headrick continued the public hearing to September 7, 2004. OTHER 1. Solid Waste RFP Authorization to Proceed with the Evaluation of Proposals CONSIDERATIONS: and Negotiation of Service Agreements: Solid Waste RFP Director Cutler summarizedthe fact that, according to State law, the City Council must Authorization to Proceed authorize staff to proceed with the evaluation of proposals and negotiation of service agreements in conjunction with the Solid Waste RFP. Councilmember Erickson moved to authorize the City Manager or his designee to proceed with evaluation of proposals and negotiation of service agreements with respect to the Solid Waste Request for Proposals. The motion was seconded by Councilmember Munro and carried unanimously. -5- 5401 CITY COUNCIL MEETING August 17, 2004 Vehicle Replacement - 2. Vehicle Replacement - 1956 Chevrolet Sedan: 1956 Chevrolet Sedan Director Cutler showed a picture of the 1956 Chevrolet Sedan that has been used for the City's recycling program. Because the vehicle is a classic, it was felt the matter of declaring the vehicle surplus was a consideration best placed before the City Council. Director Cutler reviewed the history of the vehicle, the repairs needed, and the desire to replace the car with a more hybrid type of vehicle. The City would attempt to obtain the best possible price and may consider the placement of ads in car magazines as well as on E-Bay. Director Cutler indicated he would like to commence the acquisition process for the hybrid vehicle in 2004. Councilmember Pittis moved to declare the 1956 Chevrolet Sedan vehicle as surplus, to direct staff to sell the vehicle to achieve the highest price possible, and to start the procurement process for a new vehicle in 2004 with the purchase price made a part of the 2005 budget. The motion was seconded by Councilmember Munro and carried unanimously. INFORMATION: Manager Quinn noted the CSt update included in the Information Agenda, and he advised the Council of a Finance Committee meeting set for August 24, 2004, 3:00 p.m. A letter had been sent to the Council with regard to the State Auditor's exit interview; Manager Quinn indicated the interview would be conducted at the Finance Committee meeting. The delegation from Indonesia had been scheduled to visit Port Angeles, and Manager Quinn noted the visit may be postponed. Councilmember Rogers inquired as to when the Carnegie Library would have its grand opening. After discussion, as well as input from Cherie Kidd, the Council was in agreement the opening should be scheduled as soon as possible. Director Cutler indicated there are still openings for Councilmembers to volunteer for the City's booth at the Clallam County Fair. Break Mayor Headrick recessed the meeting for a break at 8:40 p.m. The meeting reconvened at 8:50 p.m. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Headrick announced there was need for an Executive Session for 90 minutes with two items subject to 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 Executive Session convened at 8:50 p.m. RETURN TO OPEN The Executive Session concluded at 10:20 p.m., and the Council reconvened in regular SESSION: open session. ADJOURNMENT: [~lThe meeting was ad~umed at 10:20 p.m. }Richard A. ~Iea~h~ck, M"~'yor ' t~ec~y-J~ljpto~City~i~lerk jr- -6-