Loading...
HomeMy WebLinkAboutMinutes 09/01/20096507 CITY COUNCIL MEETING Port Angeles, Washington September I, 2009 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:03 REGULAR MEETING: p.m. ROLL CALL: Members Present: 1Vtayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, and Williams. Members Absent: Councilmember Rogers. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, D. McKeen, S. Roberds, Y. Ziomkowski, T. Pierce, R. Bonine, B. Coons. • Public Present: Harry Bell, Edna Petersen, Gary Kenworthy, Shirley Nixon, R.J. Nixon, Brooke Nelson, Patrick Downie, and Alan Barnard. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Deputy Mayor Wharton ALLEGIANCE: PUBLIC CEREMONIES/ Mayor Braun started the meeting off by introducing the new City Clerk, Janessa Hurd. PRESENTATIONS & EMPLOYEE 1. Public Safety Awareness Week Proclamation RECOGNITIONS: Mayor Braun read a proclamation recognizing Public Safety Awareness Week for the Public Safety Awareness week of September 11`h. The proclamation was accepted by the Chair of the Public Week Proclamation Safety Tribute Committee, Alan Barnard, who was joined by Police Chief Gallagher and Fire Chief McKeen. Port Angeles Regional 2. Port Angeles Regional Chamber of Commerce Update Chamber of Commerce Update Russ Veenema, Executive Director ofthe Port Angeles Regional Chamber of Commerce, presented a report on the Chamber's marketing efforts throughout 2009. He addressed the difficulty of the current economic times, citing the closure of the Hood Canal bridge, mandatory passports, and the general lack of tourism related to the downturn of the economy. He expressed that the Chamber wanted to take a more aggressive approach to its marketing plan, focusing advertising in the I-5 corridor, otherwise known as its "bread and butter" market. Mr. Veenema reviewed the current marketing campaign, that included television advertising with Kiro 7, Comcast, as well as ads with Seattle Times, USA Today, City Living, Washington State Visitors Guide, and Discover America. Mr. Veenema summarized 2009 lodging tax revenues as compared to 2008, down 21 % so far for the year. He believes that the Twilight phenomenon is helping the overall tourism in the area and that it will contir-ue to be profitable for the area for another 4 to 5 years. He answered questions regarding the Victoria Ferry and Kenmore Air traffic. He indicated that the ferry traffic had no significant change from last year, but that they have been steadily decreasing over the years. Kenmore Air had some increases in traffic due to the Hood Canal bridge closure. He also indicated that Kenmore Air was applying for a $400,000 grant for promotion and advertising. -1- 6508 CITY COUNCIL MEETING September 1, 2009 Pacific Unity Partners Visit 3. Pacific Unity Partners Visit to Lincoln Park to Lincoln Park Director Cutler displayed pictures from the Pacific Unity Partners Visit to Lincoln Park. He expressed what a success the trip was for the local economy, citing that there were approximately 600-800 people at port. He explained that on August 24, the City was paid a visit from Coast Guards that represented 6 different countries; Japan, South Korea, Russia, China, Canada, and our own Coast Guard of the United States. They were here from Sunday through Wednesday morning, with a sports day being held at Lincoln Park. The Mayor and City Manager went out to greet the senior officials and welcome everyone to the community. He also expressed what a positive visit it was for the visiting countries, and what a good job Port Angeles did in welcoming them to our area. He believes this will go a long way towards the possibility of future visits. PUBLIC COMMENT: Shirley Nixon, PO Box 178, addressed the Council, welcoming the new City Clerk, Janessa Hurd. She expressed interest in the NOAA proposal package being made available to the public either at the front counter of City Hall or on the City's website, as well as her frustration at comments regarding the Model Toxics Control Act being submitted before being reviewed by Council. CITY COUNCIL There were no reports submitted at this time. COMMITTEE REPORTS: WORK.SESSION: I. Elwha Valley Road Project Elwha Valley Road Project Director Cutler introduced the Lower Elwha Klallam Tribe Vice Chair, Russell Hepfer, Resolution No. 19-09 and invited him to introduce his members and make a few comments. Vice Chair Hepfer thanked the City Council for having them, and additionally thanked elders, veterans, and police officers for their service. He introduced Secretary/Treasurer Ed Johnson, Tribal Councilmember Anthony Charles, Tribe Attorney Steve Suagee, and Director Carol Brown. He explained that Chair Francis Charles could not be attendance tonight because the Lower Elwha Klallam Tribe was one of 150 tribes invited to meet with President Obama for a listening session, and Chair Charles would also be receiving the Woman of Valor Award for community service. Vice Chair Hepfer then read a letter endorsing the easement agreement, addressing the many years of hard work on the project, as well as how the project will help reduce evacuation times, ambulance response times, increase safety for school buses, and overall traffic. He expressed their appreciation with the diligence and professionalism of the City Staff, as well as the willingness of the Council to act in a timely manner. He also acknowledged that the passing of the two easements and the Resolution will facilitate continued positive government-to-government interaction, as well as provide a foundation for the upcoming three-party interlocal agreement between the Tribe, City, and County, allowing transition from construction to public road. Director Cutler continued his presentation by thanking Director Brown, Attorney Suagee, and Attorney Bloor for all the hours spent working on the project. He used PowerPoint slides to provide an overview of the project, which included maps of the existing road, proposed new road, municipal water line, industrial water line, and phases ofthe project. He explained that the project is split into 3 phases. Phase 1 is already under contract and starts at the end of Lower Elwha Road. Phase 2 will be under contract as soon as September 8`h or 9`h, and Phase 3 will bring the road back up to the beginning of the Lower Elwha Road and will be constructed at a later date. Director Cutler explained that the action desired of Council tonight was to pass the two easements, and the Resolution • to allow for construction on the Lower Elwha Road project. The first easement is a temporary easement between the City of Port Angeles and the LEKT on Kacee Way. He -2- CITY COUNCIL MEETING September 1, 2009 Elwha Valley Road Project explained that the first easement allows the LEKT to start Phase 2 ofthe project, allowing Resolution No. 19-09 them to construct a road over City property containing the City's Industrial Waterline, (Cont'd) utilize Kacee Way as access for construction, and to construct an approximate 800 foot gravel road on the eastern portion of Kacee Way. The temporary easement between the Lower Elwha Klallam Tribe and the City of Port Angeles will provide access to the City to relocate utilities, access to Elwha Valley Road, and the City will have fmal approval on road design over City property. The LEKT will install and maintain access to control gates, and they will be allowed to transfer the easement to the County once all standards have been met. He also explained that the LEKT agrees to mediation, waives limited sovereign immunity, and intends to relocate utilities on Kacee Way for future projects. Director Cutler described that the second easement is a permanent easement between the United States of America, through the Bureau of Indian Affairs, and the City to grant a permanent right-of--way to the area that contains the City's industrial waterline by means of a service road. He indicated that the easement included conditions that the City would immediately notify the LEKT of cultural resources discovered and would not interfere with intended use of lands. He also explained that these two easements do not allow for approval of Phase 3 of the project; however, they are proof of a positive movement forward. He mentioned the final deadline for agreement between the City, County, and the LEKT for the third phase is December 21, 2009. He continued to describe that the road project had been discussed and reviewed with the Real Estate Committee, and the Utility Advisory Committee. Attorney Bloor complimented Director Cutler on an excellent job done on such a complex issue, and answered questions regarding title issues. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 19-09 A RESOLUTION of the City Council of the City of Port Angeles, Washington (City), authorizing the Mayor to convey temporary and permanent easements to the Lower Elwha Klallam Tribe (Tribe) for construction of Elwha Walley Road. Councilmember Di Guilio moved to pass the Resolution as read by title, and Deputy Mayor Wharton seconded the motion. Councilmember Williams commented that he would be voting in opposition, stating it was a real estate matter, and he would vote in favor if we had a preliminary title commitment. He believed the City's waterline is too important to go ahead without this. A vote was taken on the motion, which carried 5 - 1, with Councilmember Wiilliams voting in opposition. Break Mayor Braun recessed the meeting for a break at 7:27 p.m. The meeting reconvened at 7:41 p.m. Discuss Department of 2. Discuss Department of Ecology Issues with Exponent Ecology Issues with Exponent Manager Myers summarized the Department of Ecology review and update procedures with cleanup of hazardous materials. He explained that the DOE had come out with seven new papers for review and comment, and that these papers were very technical so Exponent was hired to review the four issues that directly impacted the City. He introduced Michael Garry, an Environmental Toxicologist from Exponent. Mr. Garry used PowerPoint slides to present his review of the issue papers published by • the DOE. He explained that the papers he focused his comments on had to do with the Models Toxics Control Act and the Sediment Management Standards. He summarized how the two standards are applicable in marine environment investigations, but not 6509 -3- 6510 CITY COUNCIL MEETING September 1, 2009 Discuss Department of always consistent on how to protect human health. He addressed that the possible DOE Ecology Issues with rule changes will affect all marine investigations including the Port Angeles Harbor. He Exponent also explained that the DOE thought that they should integrate the two programs, focusing (Cont'd) on key issues, such as fish consumption rates, biota-sediment accumulation factor, and sediment background concentrations. He indicated that the DOE is deciding where to set the level for clean up that will affect all marine sediment investigations, and that the summary papers described the changes they are considering. He addressed DOE concerns, such as what factors they should use in there equations, because fish consumption rates differ based upon area, as well as sediment accumulation levels. He also explained that there are background concentrations of chemicals in sediments based upon global and naturally occurring events. Lengthy discussion followed regarding recontamination, unfunded mandates, purpose of issue papers, dioxin levels, local fish consumption rates, and time line of rule changes. Mr. Garry addressed all questions he could answer. Councilmembers also inquired about the review of comments submitted to the DOE. Manager Myers explained that there was little time to submit comments on the issue papers to the DOE, but that the City had many conversations with Exponent, as well as many chances to review the comments submitted. Attorney Bloor expressed that Exponent was hired to review the issue papers and explain them to the City, not make comments about policy. 2010 Budget Process 3. 2010 Budget Process Manager Myers explained that Director Ziomkowski and himself were in their first round of budget meetings with each department. They were asking questions, requesting cuts, and addressing personnel expenses. He indicated that they would be able to provide an update as to how to reduce costs, as well as continue to have additional budget meetings with departments next week. He proposed that the full Council conduct the Budget reviews as opposed to those typically conducted at the Finance Committee level. He also proposed a,separate budget session for September 29"', and October 27`h, at 5 p.m., and changing November 3`d Council meeting to Wednesday, November 4`h, because of the General Election. Manager Myers indicated that the current budget would not include any changes due to I-1033 passing, but if it does pass, then more changes will need to be made in the future. He addressed some of the reasons for the difficulty in balancing the budget this year. Unions are not willing to reopen their contracts to renegotiate cost of living increases, and health insurance rates will be increasing by closer to 12.5%, rather than the anticipated 8-10%. Manager Myers and Manager Coons addressed questions regarding ways to decrease rates for the City's health insurance plan. Councilmembers supported Manager Myers' Budget review proposal and schedule. Councilmember Williams moved to change'the regular meeting schedule from the 3'd to the 4"' of November. The motion was seconded by Deputy Mayor Wharton, which carried unanimously. HarborWorks Board 4. HarborWorks Board vacancy Vacancy Manager Myers indicated that he had received a letter of resignation from Karen McCormick for her position on the HarborWorks Board of Directors as of October 31, 2009. He extended his appreciation for all her hard work. He addressed the process for filling this vacant position which included: the Council's current policy for filling board and commission vacancies, solicitation of applicants until the end of September, initial interviews at the October 13`h Council meeting, and the policies and procedures for filling vacancies in the HarborWorks Charter. In response to Deputy Mayor Wharton's question, Manager Myers indicated that evaluation of a new HarborWorks board member can include backgrounds in cultural heritage issues, creek restoration, and environmental cleanup. • • -4- • CITY COUNCIL MEETING September 1, 2009 Break Mayor Braun recessed the meeting for a break at 8:55 p.m. The meeting reconvened at 8:59 p.m. LATE ITEMS TO BE There were no late items added to the agenda. PLACED ON THIS OR FUTURE AGENDAS: ORDINANCES NOT 1. Establish Stormwater Utility Fund REQUIRING PUBLIC HEARINGS: Director Ziomkowski indicated that this would be the first reading to amend the existing Stormwater Ordinance and establish a Stormwater Utility Fund. She explained that the Establish Stormwater scope of the utility is growing, and it would be wise to formalize the process by adopting Utility Fund a Stormwater Fund. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, creating a fund for the administration, maintenance and operation of the Stormwater Utility, and adding a new section, 3.34, to Chapter 3 of the Port Angeles Municipal Code. Following discussion, the Council agreed by consensus that a second reading of the Ordinance should be conducted at the next meeting. RESOLUTIONS: 1. Establishment of City Employee Wellness Program Establishment of City Manager Coons requested that the Council approve the establishment of a City Employee Employee Wellness Wellness Program. He indicated that AWC would provide a 2% premium reduction to Program the City ifthe City's employees met wellness standards. He informed Council of how the Resolution No. 20-09 City is already working towards a wellness plan, and how AWC is moving towards preventative treatments that allow everyone to benefit from better health and increased savings. Discussion followed regarding expenses for the program, programs already in place, the Olympic Wellness program, and anticipated overall savings forthe City budget. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 20-09 A RESOLUTION of the City Council of the City of Port Angeles, Washington, establishing a City Employee Wellness Program. Deputy Mayor Wharton moved to pass the resolution as read by title. The motion was seconded by Councilmember Kidd, which carried unanimously. OTHER 1. Gateway Use Regulations CONSIDERATIONS: Gateway Use Regulations Deputy Director Bonine used PowerPoint slides to address the new Gateway Use Regulations. He indicated that new rules govern the renting of the plaza area. He discussed each item contained on the list ofregulations and answered questions regarding them. Lengthy discussion followed, and Deputy Director Bonine addressed concerns over parking space, one vehicle on the plaza at a time, oil leaks from vehicles, maximum number of trailers, and alcoholic beverages. 6511 -5- 6512 CITY COUNCIL MEETING September 1, 2009 OTHER CONSIDERATIONS: Gateway Use Regulations (Cont'd) Deputy Mayor Wharton moved to approve the Public Works & Utilities Gateway Use Regulations for "The Gateway" plaza area controlled by the City. The motion was seconded by Councilmember Williams, which carried unanimously. TIGER Grant Application Continue Meeting Past 10:00 p.m. 2. TIGER Grant Application Director Cutler used PowerPoint slides to present information regarding the TIGER grant application. He explained that the City was working in cooperation with the County, Port of Port Angeles, as well as Gary Kenworthy from Exeltech Consulting, Inc., who has been contracted to develop the grant application. The cost of the application is not to exceed $15,840, and Director Cutler noted that the cost would be shared between the three groups. He emphasized that the grant would contribute to the economic stimulus, make the area more livable, as well as add or preserve jobs. He indicated that the grant would provide approximately $37 million for projects with $7.8 million in matching funds included. He listed the projects covered under the grant including: SR117 at US 101 Interchange, Lincoln/Laurel Street Rechannelization, Lauridsen Boulevard Bridge Widening, Race Street Bicycle Lanes, First/Front/Race Street Nodes and Rehabilitation, Peabody Creek/Lincoln Street Culvert Rehabilitation, Upgrades to Blackball Ferry Terminal, International Waterfront Promenade, Marine/Tumwater Pedestrian Overpass, and Deer Park Scenic Gateway Center/Safety Rest Stop and Overcrossing Access Improvement. He also indicated that the City had sent a letter to Secretary Hammond for support, but that there are at least two other submissions for this grant. He explained that the Governor favors projects in Seattle and King County, which contributes to the competitiveness of the grant. Lengthy discussion ensued and Director Cutler answered questions regarding the Peabody Creek Culvert instability, improvements near or over private property, right of ways, Race Street as a truck route, and other project considerations. Director Cutler indicated that the City would be informed no later than February 17, 2009 as to an award of grant monies. Councilmember Williams move to extend the meeting past 10:00 p.m. The motion was seconded by Deputy Mayor Wharton, which carried unanimously. TIGER Grant Application Councilmember Di Guilio moved to authorize the City Manager to sign and submit (Cont'd) a TIGER Grant in the amount of $36,935,000 for projects identified in the Port Angeles Capital Facilities Plan (CFP) including the Port of Port Angeles and Clallam County projects. Councilmember Perry seconded the motion. A vote was taken on the motion, which carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: FINANCE: None. CONSENT AGENDA: The Low Income Home Heating Energy Vendor Agreement was removed from the Agenda. Councilmember Perry moved to accept the Consent Agenda, to include: 1.) City Council Meeting Minutes of August 18, 2009; Special Meeting of August 25, 2009; 2.) Expenditure Approval List from 8/8/09 to 8/21/2009 for $913,930.76; and 3.) Front Street Storm Drain, Proj ect DR99-20, Final Acceptance. Councilmember Kidd seconded the motion. A vote was taken on the motion, which carried unanimously. -6- • CITY COUNCIL MEETING September I, 2009 INFORMATION: Manager Myers' report noted the Planning Commission minutes and Building Report included in the packet. He mentioned that the City just finished permitting a major, $36 million project for Peninsula College's new building. He commended Police Chief Gallagher for an excellent presentation to the Chamber of Commerce. He noted the request for the NOAA proposal, and indicated that he will talk to the Port Authority to try and make it available. He mentioned that he will be scheduling a meeting in the next few months between the City Council and the Port Commission at the suggestion of Councilmember Kidd. He also noted that Councilmember Di Guilio mentioned that several years ago local area managers would meet on a quarterly basis. Manager Myers indicated that he would co-host the first meeting with Jim Jones, and would also include the School Superintendent, Port Authority Director, Transit Director, and others. He explained that HarborWorks had reached a major milestone, approval ofthe due diligence agreement with Rayonier, signifying overall improvement as well as providing an exclusive option on the property over the next 13 months. EXECUTIVE SESSION: None ADJOURNMENT: The meeting was adjourned at 10:07 p.m. Gary Braun, ayor r~~~~~~~i6~~~' " " ` Janessa Hurd, City Clerk 6513 -7-