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HomeMy WebLinkAboutMinutes 09/02/2008 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: OTHER CONSIDERATIONS: Employment Contract / Interim City Manager PUBLIC COMMENT: e 6306 CITY COUNCIL MEETING Port Angeles, Washington September 2, 2008 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers and Williams. Members Absent: None. Staff Present: Interim Manager Osterman, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, D Bellamente, D. Estes, T. Pierce, B. Coons, and L. Dunbar. Public Present: E. Tuttle, B. Hawes, E. King, L. Button, D. Pilling, D. Shargel, P. Wesley, A. Sanchez, P. Lamoureux, D. Croz, D. Siebel, S. Nixon, and R. Anderson. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Deputy Mayor Wharton. 1. Employment Contract / Interim Citj; Manager: Brief discussion was held concerning the employment contract for Interim City Manager Jerry Osterman, and Attorney Bloor indicated the contract had a fixed salary per month. Councilmember Rogers moved to authorize the Mayor to sign the employment contract with Jerald Osterman, Interim City Manager. The motion was seconded by Councilmember Kidd and carried unanimously. Clerk Upton then administered the Oath of Office to Interim Manager Osterman. Peter Ripley, 114 E. 6'h St., #102, provided a report on the success of Disability Awareness Day, held this past Friday, August 29, 2008, at the Clallam County Courthouse. Ed Tuttle, 3909 Old Time Place, spoke about Councilmember Rogers' consulting services provided to CPI, contracts gained by CPI, and his desire for Councilmember Rogers to resign from the City Council. Councilmember Williams departed the Council Chambers at 6: 13 p.m. Shirley Nixon, P. O. Box 178, thanked the Council for providing the public comment period, lauded the addition of a public comment period to the agenda for the Public Development Authority Board meeting, asked that Utility Advisory Committee meetings be moved to another meeting room, and suggested the membership of the UAC be expanded to include more citizens at large and more ratepayers. Ms. Nixon also stated support for soil sampling as relates to the Rayonier clean-up. Councilmember Williams returned to the Council Chambers at 6: 18 p.m. - 1 - I 6307 CITY COUNCIL MEETING September 2, 2008 PUBLIC COMMENT: (Cont'd) PUBLIC CEREMONIES/ PRESENT A nONS: Port Angeles Senior Games Week WORK SESSION: Department of Ecology Soil Sampling Norma Turner, who did not state her address, referenced the proposed consulting contract with former City Manager Mark Madsen, questioning the need for a contract. Paul Lamoureux, 602 Whidby, agreed with the suggestion to expand the Utility Advisory e Committee membership and discussed the public comment portion of the meeting, feeling it should be conducted as an exchange between the Council and the public. Mr. Lamoureux stressed the importance of giving priority to infrastructure needs as opposed to public wants, and he questioned the need for Community Conversations, suggesting the public comment portion can address the issues at hand. 1. Port Angeles Senior Games Week: Mayor Braun read a proclamation recognizing the Port Angeles Senior Games, September 19 - 21, 2008. The proclamation was accepted by City staff members D Bellamente ~nd Dan Estes, as well as members of the Senior Center. Director of Community & Economic Development West referenced discussion held at the August 19, 2008, City Council meeting, at which time consideration was given to the Department of Ecology Rayonier Mill Off-Property Dioxin Study. E & E Consulting was contracted by the Department of Ecology to collect surface soil samples as part of the study, and a request had been submitted for the collection of soil samples from seventeen City-owned sites. The Council determined that more information was needed prior to consideration of the request, so representatives of the Department of Ecology were invited to provide further information. Marian Abbott, DOE Project Manager for the Rayonier clean-up, and Connie Groven, Project Manager, were present as representatives of the Department of Ecology. Ms. Abbott and Ms. Groven used PowerPoint slides to discuss the Rayonier Mill clean-up process, providing data as relates to the marine study and the upland study. Being uncertain as to whether mill activities impacted other sites because of air emissions, the study is intended to determine the magnitude of dioxins and furan concentration in soils. It is not intended to delineate the total extent of contamination or to completely characterize individual properties. The Council was informed that DOE hopes to identify patterns throughout the community; further studies will be needed to accomplish other tasks. Ms. Abbott and Ms. Groven presented the Council with information related to the presence of dioxins and how that presence was impacted by weather or air patterns. In addition, information was presented on potential dioxin sources in Port Angeles, odor complaints, air modeling, grid cells used for sampling, and the selection of properties for sampling based on certain characteristics. The DOE plans to obtain 100 samples and has requested permission to obtain samples from five (5) City-owned properties. Ms. Abbott and Ms. Groven also discussed sampling, analysis and evaluation of the data, stating the intention to have a final report in the Spring of 2009. Discussion followed, and Ms. Abbott and Ms. Groven responded to questions posed by the Council. The Council discussed at length the disclosures required by real estate transactions as relates to contamination, the possible lack of citizen awareness as relates to liability, a change in testing parameters, how the source of contamination is identified, the options for clean-up available to homeowners, who will pay for clean-up of contaminated soil, and ways to protect the public health. Consideration was given to the possible impacts to the area's economic development efforts and to the real estate market. The question was raised as to whether all entities had been notified and fully understand the ramifications. The Council expressed concern that the community may not fully understand the complexity of the issue and the potential outcomes. Deputy Mayor Wharton moved to grant access on specified parcels for sampling _ between September 4,2008 and September 15, 2008, on the conditions that DOE . and E&E comply with all City policies regarding such sampling and that they indemnify and defend the City from and against any claims or losses that might - 2 - WORK SESSION: (Cont'd) e Department of Ecology Soil Sampling (Cont'd) Break LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: PUBLIC HEARINGS - OTHER: Water & Wastewater Cost of Service Studies e CITY COUNCIL MEETING September 2, 2008 6308 occur as a result of their activities on the parcels, and authorize the City Manager to approve requests to collect surface soil samples on other City parcels in association with the study. Councilmember Di Guilio seconded the motion. Lengthy discussion followed, with concern again being expressed on liability issues, as well as public health. The question was reiterated as to how the source of contamination is identified, and Ms. Abbott and Ms. Groven indicated that DOE is engaging the services of a top expert in the field who will use. a particular statistical method in making that determination. Also, Director West provided the Council with a synopsis of the public process that led up to the soil sampling. The Councilmembers expressed their personal views on whether approval should be granted at this time for soil sampling on City-owned property, after which a vote was taken on the motion. Deputy Mayor Wharton and Councilmember Di Guilio voted in favor of the motion, and Mayor Braun and Councilmembers Kidd, Perry, Rogers, and Williams voted in opposition. The motion, therefore, failed. Councilmember Perry moved to defer making a decision pending receipt of the final report from the Department of Ecology. The motion was seconded by Councilmember Rogers and carried 6 -1, with Councilmember Williams voting in opposition. Mayor Braun recessed the meeting for a break at 7:49 p.m. The meeting reconvened at 8:02 p.m. A Pavement Repair Contract was added as Finance Agenda Item K.3. Councilmember Williams noted, forthe record, that he departed the Council Chambers earlier in protest to the remarks of Ed Tuttle. 1. Water & Wastewater Cost of Service Studies: Director Cutler informed the Council that the City had engaged the services of FCS Group, who completed a comprehensive financial analysis of the Water and Wastewater Utilities. A presentation was made to the Utility Advisory Committee, and a recommendation was forwarded that a public hearing be conducted. Angie Sanchez, FCS Group, used PowerPoint slides to review water and sewer utility rates. She provided an overview of the rate study process, key factors in determining revenue requirements, sewer (no CSO) revenue requirement findings, and funding depreciation, all of which resulted in a recommended 4 % increase for 2009. Ms. Sanchez provided in-depth information on the sewer CSO, the proposed 29.1 %increase for 2009, as well as water revenue requirements and a needed adjustment of 8.5% in 2009. Discussion followed, and Ms. Sanchez and Director Cutler responded to questions raised by the Council. Ms. Sanchez then proceeded to review cost of service recommendations, existing and proposed rate structUres, water and sewer bill comparisons, new customer charges in terms of system development, connection charges, as well as sewer system development charges which included a recommendation for a phase-in charge over three years. She summarized the water system development charge summary and the recommendation for a phase-in charge over three years. Director Cutler indicated the proposed rates take into account the low income senior discount He noted that, by policy, the Council would be asked to continue the public hearing and conduct a second reading of the Ordinance. Mayor Braun opened public hearing at 9:14 p.m. Paul Lamoureux, 602 Whidby, addressed infrastructure needs, endorsed conservation as opposed to fee increases, and supported an increase from the standard 430 cu. ft to 800 cu. ft - 3 - I 6309 CITY COUNCIL MEETING September 2, 2008 PUBLIC HEARINGS - OTHER: (Cont'd) Water & Wastewater Cost of Service Studies (Cont'd) Break PUBLIC HEARINGS - OTHER: (Cont'd) Surplus Property - Real Estate - 105, 107 and 111 E. Front Street and 110 East Railroad Avenue '';; \' .~';-., .:::;:'.' Shirley Nixon, P. O. Box 178, Port Angeles, stated her appreciation of the City's focus on water issues and its established water goals. She has attempted to understand the City's water rates, which is extremely difficult, and she felt the time had come for a a conservation rate structure. She felt the high base fees for hook-up would be _ discouraging to conservationists, she supported an increase of connection fees and system development charges, and expressed concern that the system is under-funded. She asked the Council to consider the possibility of using settlement money from Tse-whit-zen to defray water and sewer system costs. There being no further public testimony, at 9:25 p.m., Mayor Braun continued the public hearing to September 16, 2008. Mayor Braun recessed the meeting for a break at 9:25 p.m. The meeting reconvened at 9:34 p.m. 2. Surplus Property - Real Estate - 105, 107 and 111 E. Front Street and 110 East Railroad Avenue: Attorney Bloor presented information relative to the potential surplus of property that was purchased by the City in 2005. At the time, it was determined that the property might be used for parking or have some other association with the Gateway Project. Further discussions were held with Clallam Transit, and in the end, the property was neither incorporated into the Gateway Project, nor was it used for parking associated with the project. Instead, a two-story garage was built on the Gateway property, and the City has no plans for the property in its long-term capital projects. Attorney Bloor indicated the issue before the Council is to determine if there is a municipal purpose associated with the property, and ifnot, would the Council want to declare it surplus. Mayor Braun opened the public hearing at 9:37 p.m. Joseph Neves, 1702 Melody Circle, #316, has been involved in creating a historic transportation mural on the Budget garage building. He discussed costs and fees associated with obtaining the property, limitations on what can be developed without . comers, building demolition costs, site preparation costs, and the fact that large scale projects in the downtown area don't pencil out at this time. Mr. Neves felt that, if the property is declared surplus, there is no guarantee it will sell. He felt the City would have three white elephants. There is nothing in the CFP that can't be stricken, and he suggested the City sell the cemetery. He felt that hard economic choices must be made, but selling property with a historic building is not the answer. Other answers should be explored. Paul Wesley, 72 West Rustic Lane, indicated his desire to preserve the historic structure ofthe Rixon garage, as he wants to organize a historical mural on the side ofthe building. The best use of the property is a goal of all Port Angeles citizens. It is his understanding that the property is costing the City $86,000 per year, and there is a shortage of funds. He suggested the restaurant be razed for additional ferry parking to offset the negative, as it would assist with additional downtown parking and would retain the historic garage. Eugene Voight, 118 Majerle Road, Joyce, indicated the property in question is contiguous to the new Gateway Center, which means there may be a public use. Mr. Voight felt consideration should be given to a long-term lease, as too much public property has been sold. Citing the sale of the Oak Street property, as well as property in the Industrial Park, Mr. Voight felt the community has enough wealthy carpetbaggers. Mike Doherty, 617 So. B Street, agreed that historic buildings have a value, and he stated his pride in the restoration ofthe old Courthouse. He wished more had been done on the old Fire Hall, something he felt might be dispensed with. Mr. Doherty felt that historic preservation should be a consideration for the RixonlWinters garage, something that e - 4 - PUBLIC HEARINGS - OTHER: (Cont'd) e Surplus Property - Real Estate - 105, 107 and III E. Front Street and 110 East Railroad Avenue (Cont'd) Continue Meeting Beyond 10:00 p.m. Move Finance Items to Consent Agenda PUBLIC HEARINGS - QUASI-JUDICIAL: RESOLUTIONS: Dry Creek Bridge & Trail Project Resolution No. 12-08 e CITY COUNCIL MEETING September 2, 2008 6310 would likely be supported by the residents. Mr. Doherty felt the staff report was lacking a detailed analysis as to benefits of surplus, as well as impacts of hazardous materials on future ownership. He urged the Council to seek such an analysis, and he thought the City bought high only to sell low. There being no further public testimony, Mayor Braun closed the public hearing at 9:50 p.m. Discussion ensued, and Councilmember Williams advised the Council that the Real Estate Committee had discussed the issue several times and forwarded a recommendation to declare the property surplus. It was pointed out that one of the goals of the Gateway Project was for economic development in terms of being an attractive addition to the downtown. This property is directly adjacent to the Gateway and is a perfect location for build-out in the interest of economic development. Additionally, it was noted that a surplus of the property wouldn't necessarily preclude the preservation of the property, which could still be a possibility. Discussion also centered around whether the City should always be in ownership of historic buildings and whether the private sector could save historic buildings for other purposes. Also considered were issues related to the structural integrity and soundness ofthe building, retrofitting ofthe building, soil testing at the garage location, and other related environmental issues. Staff responded to questions posed by the Council. Councilmember Williams moved to extend the meeting beyond 10:00 p.m. The motion was seconded by Deputy Mayor Wharton and carried unanimously. Members of the Council stated a desire to receive further information on hazardous materials, and the assessed valuation of the property. Further, some Councilmembers stated. a desire to have more time to consider the historic value of the garage. Brief discussion was held on potential buyers, as well as cancellation terms of the Heckman lease. Councilmember Perry moved to postpone a vote on declaring the property surplus to the first Council meeting in October. Councilmember Kidd seconded the motion, which carried 6 - 2, with Councilmembers Williams and Di Guilio voting in opposition. By consensus, the Council agreed that Finance Agenda Items K. 1 and K. 3. should be moved to the Consent Agenda. None. 1. Dry Creek Bridge & Trail Project: Director Cutler reviewed a grant application submitted to the State Recreation & Conservation Office for the Dry Creek Pedestrian/Trail improvement project, indicating the City's application ranked 4 out of 36. In response to an inquiry, he indicated the Olympic Trail Coalition had dedicated $50,000 toward the project, the Elwha Tribe had dedicated $87,000, and the City share would be $224,000. Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 12-08 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing application(s) to the Recreation and Conservation Office (RCO) for funding assistance for a Dry Creek Bridge & Trail Project. Councilmember Perry moved to pass the Resolution as read by title. The motion was seconded by Councilmember Kidd and carried unanimously. - 5 - I 63H CITY COUNCIL MEETING September 2, 2008 Telephone Equipment, GSA Purchase Authorization Resolution No. 13-08 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Highway Access Management, Access Permits Ordinance No. 3336 FINANCE: Consultant / Professional Services Agreement CONSENT AGENDA: 2. Telephone Equipment, GSA Purchase Authorization: Finance Director Ziomkowski reviewed the purchase of an Avaya Telephone PBX System upgrade as previously approved by the City Council. The City must pass a Resolution in order to purchase from or through a United States government contract. Mayor Braun read the Resolution by title, entitled e RESOLUTION NO. 13-08 A RESOLUTION of the City Council of the City ofPort Angeles, Washington, to authorize the purchase of telephone equipment, software, training and maintenance services through a United States government contract, pursuant to the provisions ofRCW 39.32. Councilmember Di Guilio moved to pass the Resolution as read by title. Councilmember Perry seconded the motion, which carried unanimously. 1. Highway Access Management, Access Permits: Director Cutler indicated the Ordinance before the Council adopts standards for access permitting on streets designated as State highways. Mayor Braun conducted the second reading of the Ordinance by title, entitled ORDINANCE NO. 3336 AN ORDINANCE of the City of Port Angeles, Washington, providing for Highway Access Management, Access Permits, and Administrative Process pursuant to RCW 47.50. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. Councilmember Rogers seconded the motion, which carried unanimously. As determined earlier, Finance Agenda Items K.I. and K.3. were moved to the Consent Agenda. 2. Consultant / Professional Services Agreement: Attorney Bloor reviewed the proposed consultant / professional services agreement as previously suggested by the City Council in order to obtain former City Manager Mark Madsen's consulting services on various City projects over the next six months. Councilmember Di Guilio met with Mr. Madsen to arrive at the terms of the contract, and it was mutually agreed to incorporate an hourly fee only. Councilmember Di Guilio reviewed the potential items under the Scope of Services on which Mr. Madsen might provide consulting services, all of which must be requested by the City Manager. Discussion followed, and individual Councilmembers felt the consulting services should only be sought on an as-needed basis. Councilmember Perry moved to authorize the Mayor to sign the contract for consulting services with Mark Madsen. Councilmember Di Guilio seconded the motion, and after further discussion, a vote was taken on the motion which carried 6 - 1, with Councilmember Kidd voting in opposition. Lengthy discussion and debate was held on the merits of receiving additional information on all travel, after which Mayor Braun concluded the checklist as presented will be acceptable. Councilmember Perry moved to accept the Consent Agenda, to include: 1.) City Council Minutes of August 19, 2008, regular meeting; 2.) Expenditure Approval _ List from 8/9/08 to 8/22/2008 for $2,173,673.88; 3.) Security Camera Project, Accept _ Completed Proj ect; 4.) Downtown Water Main Phase III, Accept Completed Project; 5.) Electric Rates, Set Public Hearing for October 7, 2008; 6.) Equipment Purchase: - 6 - e e CONSENT AGENDA: (Cont'd) CITY COUNCIL COMMITTEE REPORTS: INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING September 2, 2008 6312 Fiberglass Power Poles, Reject Bids; 7.) Equipment Services Garage Door Replacement; and 8.) Pavement Repair Contract. The motion was seconded by Councilmember Rogers and carried unanimously. None. None. None. The meeting was adjourned at 10:40 p.m. ti.--a ...LJ../f rc;6,.....Ct.LU,...-z..,"L- Gary Braun, MiJor - 7 - ~(f~'.Alph1lL_ Becky 1. Upt CIty lerk