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HomeMy WebLinkAboutMinutes 09/20/2005 5712 CITY COUNCIL MEETING Port Angeles, Washington September 20, 2005 CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:05 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Mtmro, Pittis, Rogers, and Williams. Members Absent: None. StaffPresent: Manager Quinn, Attorney Bloor, G. Cutler, M. Madsen, D. McKeen, T. Riepe, Y. Ziomkowski, C. Hagar, S. McLain, A. Goff, and N. West. Public Present: P. Lamoureux, L. Rotmark, B. Wharton, C. Kidd, E. Chadd, and L. & M. Butler. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Erickson ALLEGIANCE: PRESENTATIONS, 1. Recognition of Paul Lamoureux's 75th Birthday: CEREMONIAL MATTERS & Mayor Headrick was joined by those present in recognizing Paul Lamoureux's 75th PROCLAMATIONS: birthday. Recognition of Paul Lamoureux's 75t" Birthday WORK SESSION: Initiative and Referendum: Initiative and Referendum Attorney Blour gave a short PowerPoint presentation on the Initiative and Referendum process. Points covered included the powers of the initiative and referendum process, its history, arguments for and against the process, types of legislation subject to the process, how the powers may be adopted, which actions are subject to the process, how the powers are exercised in a non-charter code city, and whether or not the powers of the initiative and referendumprncess may be abandoned once adopted. Attorney Btoor responded to questions and provided clarifications as requested by Council during the presentation. PRESENTATIONS, 2. Recognition of Brian Gawley's Wanderlust: CEREMONIAL MATTERS & Mayor Headrick read a proclamation acknowledging the wanderlust of Mr. Brian PROCLAMATIONS: Gawley, which ended with Mr. Gawley becoming lost in Olympic National Park and (Cont'd) subsequently being rescued after spending more than three days wandering in the mountains. Mr. Gawley received a standing ovation, after which he thanked everyone Recognition of Brian for their concern on his behalf and assured them he had no plans to repeat the Gawley's Wanderlust experience. -1- 3 CITY COUNCIL MEETING September 20, 2005 LATE ITEMS TO BE Manager Quiun added the following items under Other Considerations: Stage 3 Water PLACED ON THIS OR Shortage Declaration, Item I. 3.; GMA Competitive Grant, Item I. 4.; Clallam Business FUTURE AGENDAS & Incubator, Item I. 5.; and a real estate matter as Item I. 6. PUBLIC COMMENT: Kathe Smith, 607 E. Fourth St., spoke regarding the Park Comprehensive Plan Amendment to include a Loop Trail. She stated that through her job in County Parks she has worked with high school youth involved in the SKY curriculum, which is a part of the Pacific Northwest Trail Association program. She felt that the development of the Loop Trail would be a good opportunity to put local youth to work and return the Skills, Knowledge, Youth (SKY) Program to Port Angeles. Jun Knectal, Director of Trail Management for the Pacific Northwest Trail Association, stated the SKY program had been a part of the Choice School curricnlumup until this year. SKY has been available in a number of other schools, to include Forks, Chimacum, Quilcene and others. Mr. Knectal stated that, by using volunteers along with the students, approximately $1.3 million worth of works was accomplished for the DNR, Forest Service, Park Service and private land owners. Mr. Knectal stated that it is an accredited curriculum for at-risk students and is supported by Clallam County. He thanked the Council for the opportunity to speak to this issue. Peter Ripley, 114 E. 6th Sweet, thanked everyone for the concern expressed on behalf of his colleague, Brian Gawley. FINANCE: 1. Elks Park Playground Equipment Purchase: Elks Park Playground Public Works & Utilities Director Cutler summarized information relative to the Equipment Purchase acquisition of playground equipment for the Elks Park Playground, stressing that staff worked closely with representatives of the Elks Club on this project. Councilmember Pittis moved to approve and authorize the City Manager to sign a contract and purchase order with Northwest Recreation of Washington for the Elks Park playground equipment in an amount not to exceed $30,000 including sales tax. Councilmember Braun seconded the motion. Ron Johnson, 1110 W. 10~h St., represented the Elks Club and thanked the Council for going forward with this project. A vote was taken on the motion, which carried unanimously. Electrical Underground 2. Electrical Underground Rebuild - Elwha Phase 3: Rebuild - Elwha Phase 3 Director Cutler summarized information regarding bids received for the last phase of the Elwha Underground Project. He noted that only two bids were received and the low bid was from Michels Power of Bothell, who has performed workfor the City in the past with satisfactory results. Councilmember Rogers moved to award the contract for Elwha Underground Rebuild Phase III, Project 02-11, to Michels Power and authorize the Mayor to sign the contract in the amount of $202,466.85. Councilmember Williams seconded the motion, which carried unanimously. Solid Waste Services 3. Solid I4/aste Services .4greement Amendment & National Park Service Agreement Amendment & Agreement: National Park Service Agreement Director Cutler reviewed the history of this issue, reminding the Council that the City has been mandated by the FAA to close the landfill due to its proximity to the airport. He informed the Council that he is referring to the Agreement with the National Park Service as the Cooperative Agreement and the Agreement with Management Services as the Task Agreement in order to avoid confusion. Director Curler noted that, prior to the start of the meeting, he had placed a packet on the Council's dias, which replaces the fast two pages of the Cooperative Agreement. There were only two changes made, both of which were highlighted. Director Cutler briefly reviewed the changes m the Cooperative Agreement and then reviewed the -2- CITY COUNCIL MEETING 5714 September 20, 2005 Solid Waste Services purpose and content of the changes to the Task Agreement with Waste Connections of Agreement Amendment & Washington. National Park Service Agreement (Cont'd) Discussion followed, and staff responded to questions posed by the Council. CounciLmember Williams asked if this item could be deferred to Executive Session to allow a Councilmember the opportunity to inquire into potential litigation, then return to Open Session and act on the matter if necessary. Attorney Bloor answered affirmatively, and Councilmember Williams requested this matter be added to the agenda of the Executive Session scheduled to follow this meeting, to which the Mayor agreed. The Mayor then deferred to Attorney Bloor who wished to address a letter received from Eloise Kailin on behalf of Protect the Peninsula's Future concenfmg the Water Treatment Plant process. Attorney Bloor reminded the Council that earlier this summer, the National Park Service and Federal Agencies performed a Supplemental EnvironmentalImpact Statement on the dam removal project. Late in that process, this group, among others, filed a statement claiming fluoridation of the City's water supply would have an environmental impact when coupled with the removal of the dams. Attomey Bloor noted that the City does not have the responsibility or the ability to make a decision on this request. The letter received from Ms. Kailin noted that those objections were filed with the Federal agencies and requested the City take no action on any project relating to the water system or water supply until the Federal Agencies have completed their review of the National Environmental Policy Act (NEPA) process. Attorney Bloor indicated he has reviewed the contracts presented this evening, and they relate to grading of the Water Trea~nent Plant and Transfer Station site and have nothing to do with fluoridation. This work would be necessary regardless of fluoridation. Therefore, wi'file acknowledging receipt of the letter, he recommended the letter not delay Council taking action on the proposed contracts. Break Mayor Headrick recessed the meeting for a break at 7:14 p.m. The meeting reconvened at 7:28 p.m. Mayor Headrick announced there would be a change in the agenda and the Medic I public hearing would be held first. PUBLIC HEARINGS - 1. Medic 1 Utility: OTHER: Fire Chief McKeen pointed out a modification to the second Ordinance on Page 111 Medic I Utility of the packet, subsection 3. (iv), the second sentence, beginning with "Customers will Ordinance No. 3216 be charged..." should be changed to read "Initial and final charges may be prorated in Ordinance No. 3217 accordance with the City's ufilityproration practices." Chief McKeen noted that the change had been reviewed by both the Finance Director and the City Attorney. Mayor Headrick re-opened the public hearing at 7:30 p.m. Liz Butler, Administrator of St. Andrew's Place, thanked ChiefMcKeen for keeping them well informed throughout the process to ensure a fair and reasonable funding method for the EMS utility. There being no further public comment, Mayor Headrick closed the public hearing at 7:31 p.m. and read the Ordinances by title, entitled ORDINANCE NO. 3216 AN ORDINANCE of the City Council of the City of Port Angeles, Washington, establishing the monthly EMS utility fee, effective October 1, 2005. -3- CITY COUNCIL MEETING September 20, 2005 PUBLIC HEARINGS - ORDINANCE NO. 3217 OTHER: (Cont'd) AN ORDINANCE of the City of Port Angeles, Washington, amending the Port Angeles Municipal Code sections Medic I Utility relating to emergency medical service regulation and Ordinance No. 3216 public ut/lity. Ordinance No. 3217 (Cont'd) Councilmember Williams moved to adopt the Ordinances as read by title. Councilmember Braun seconded the motion. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. Solid Waste Rate 2. Solid Waste Rate Adjustment: Adjuslment Ordinance No. 3217 Director Cutler noted that, at the Council's request, collection rate and tipping rate comparisons had been completed and were located on Pages 90 and 91 of the packet. He briefly reviewed the comparisons and noted the City had very competitive rates. Councilmember Pittis felt it was unfortunate that this increase occurs at the same time as the electric rate increase and the adjustment to Medic I; however, a year's worth of thought and research has gone into this matter, and he felt this was the co~rectcourse of action. Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3218 AN ORDINANCE of the City of Port Angeles, Washington. revising the City's solid waste collection and disposal regulations and rotes, and Chapters 13.54 and 13.56 of the Port Angeles Municipal Code. Counciimemher Braun moved to adopt the Ordinance as read by title. Couneilmemher Pittis seconded the motion. Mayor Headrick re-opened the public hearing at 7:35 p.m. Ed Chadd, 307 W. 6~ Street, spoke in support of the adjustment, as it was obvious it was necessary to maintain services. He asked that staff look further into providing incentives for people to minimize the amount of trash generated. Discussion followed with Councilmember Piths acknowledging the presentation given by Director Cutler at a previous meeting in which incentives were discussed. Director Cutler felt staff would be looking further into this in 2007, as 2006 will be dedicated to getting the transfer station up and running. There was no further comment, and Mayor Headrick closed the public hearing at 7:43 p.m. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Couneilmember Councllmember Braun moved to accept the Consent Agenda, to include: 1.) CityCouncilmeetingminutesofSeptember6,2005regularmeeting, and September 13, 2005 special meeting; 2.) City Council Expenditure Report - September 9, 2005 - $522,415.47; and 3.) Electronic Payments - September 9, 2005 - $1,599,490.00. The motion was seconded by Councilmember Rogers and carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: -4- CITY COUNCIL MEETING 5716 September 20, 2005 RESOLUTIONS: National Incident Management System: National Incident ChiefMcKeen reviewed information pertaining to the adoption of the National Incident Management System Management System in order for the City to maintain its eligibility for Federal Resolution No. 18-05 preparedness grants. The timeline for adoption is fiscal year 2005, which ends September 30, 2005; therefore, the Resolution must be passed this evening. Full integration of NIMS must be accomplished by fiscal year 2006. Personnel will be trained no later than the lust quarter of 2006, and the NIMS has already been integrated into the Comprehensive Emergency Management Plan. Following brief discussion, Mayor Headrick read the Resolution by title, entitled RESOLUTION NO. 18-05 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the National Incident Management System. Couneilmember Munro moved to pass the Resolution as read by title. Couneilmember Rogers seconded the motion, which carried unanimously. ORDINANCES NOT Electric Rate Adjustment: REQUIRING PUBLIC HEARINGS: Director Cutler provided a brief summary of the rate adjustment proposal, indicating the wholesale power rate bad gone down slightly. Staff examined the impacts and is Electric Rate Adjustment recommending a 6.5% increase in electric rates, which is less than the 9.5% previously Ordinance No. 3218 believed to be necessary. Director Cutler referred to Page 70 of the packet, which set forth residential rate comparisons, reflecting the City's rates as being competitive. Following lengthy discussion and clarification provided by Director Ziomkowski regarding the sufficiency of the new rates to cover actual costs of providing service as well as rebuilding reserves, Mayor Headrick read the Ordinance by title, entitled ORDINANCE NO. 3218 AN ORDINANCE of the City of Port Angeles, Washington, revising electric rates and amending Chapters 3.70 and 13.12 of the Port Angeles Municipal Code. Couneilmember Munro to adopt the Ordinance as read by title. Couneilmember Pittis seconded the motion, which carried unanimously. OTHER 1. Park Comprehensive Plan Amendment: CONSIDERATIONS: Director Cutler reminded the Council that it had adopted the Comprehensive Park, Park Comprehensive Plan Open Space and Recreation Plan at its meeting of June 7, 2005. The motion to adopt Amendment the Plan required an amendment to include a Loop Walking Trail; adoption of this amendment would fulfill that requirement. Following discussion, Couneilmember Williams moved to approve the Comprehensive Park, Open Space and Recreation Plan Amendment to include the Loop Trail (Walking Trail) as presented. Couneilmember Rogers seconded the motion. Following further limited discussion and clarification, a vote was taken on the motion, which carried unanimously. Department of Health 2. Department of Health Agreed Order: Water Quality Compliance Time Agreed Order: Water Extension: Quality Compliance Time Extension Director Cutler summarized the negotiations between the City and the Washington State Depmment of Health regarding the installation of a surface water treatment plant for the City, as well as the need for corrosion control txeatment. -5- 7 CITY COUNCIL MEETING September 20, 2005 Department of Health Couneilmember Rogers moved to approve the terms of the Agreed Order and Agreed Order: Water authorize the Public Works & Utilities Director to sign the Agreed Order and Quality Compliance Time negotiate minor modifications to the Order. Couneilmember Braun seconded the Extension (Cont'd) motion, which carried unanimously. Stage 3 Water Shortage 3. Stage 3 Water Shortage Declaration: Declaration Director Cutler noted the lack of appreciable rain, and the Elwha River flow being down to between 300 and 250 cubic feet per second. Pursuant to discussions with the Lower Elwha Tribe, a trigger regime was devised whereby appropriate agencies would agree upon action to be taken when the river reaches 300 cfs for an extended period of time. Low flow affects the City's ability to pump as much as normal and impacts fish during the critical spawning period. Director Cutler indicated the National Park Service agreed to release additional water from the darns but, lacking additional rain, the affect would only last two to three weeks. Therefore, the Stage 3 water shortage declaration has been recommended, and staff would generate additional publicity to communicate with the public and ask for a greater effort toward water conservation. Discussion followed, after which Couneilmember Williams moved to declare a Stage 3 Water Shortage and authorize the Public Works & Utilities Department to implement the limited outdoor restrictions on the use of water as detailed in its Water Shortage Response Plan. Couneilmember Rogers seconded the motion. Following additional clarification, a vote was taken on the motion, which carried unanimously. GMA Competitive Grant 4. GMs4 Competitive Grant: Director of Community & Economic Development Madsen advised the Council that notification of the CMA Competitive Grant was just received. He introduced Nathan West, the City's new Principal Planner, who summarLz~d the information contained in the memo distributed prior to the meeting. Mr. West stated the grant, from the Washington State Department of Cormnunity, Trade and Economic Development (CTED), would provide approximately $35,000 to implement the policies and goals of the Comprehensive Plan. It requires a minimum 10% match in funding from the City, and the deadline for submission is September 30, 2005. Brief discussion followed, afier which Couneilmember Munro moved to approve the grant application submission by the Community & Economic Development Department and authorize the Mayor to sign the application. Couneilmember Pittis seconded the motion, which carried unanimously. Clallam Business 5. Clallam Business Incubator: Incubator Director Madsen summarized information distributed to the Cotmcil, reviewing the history of the Clallam Business Incubator and the establishment of the Board of Directors. Indicating the Board of Directors lacked resources and stability to implement its mission, Mr. Madsen reported that the Board met in special session to reconfigure Board membership, with the intent of giving authority to assist in implementation to the City of Port Angeles. It is understood that this would remain a regional effort, involving all of Clallam County. The Board was reduced from a 12- member Board to three members, and Director Madsen was appointed by title as the President of the Board. Dr. Tom Keegan, Peninsnla College, was appointed Vice President, and Dr. Gary Cohn, Port Angeles School District, was appointed as Secretary -Treasurer. Director Madsen informed the Council that the necessa~ steps will be taken to legally redraft the Board and the By-Laws, secure 501 (c)(3) status, and implement the mission. Council is being asked to confirm the appointment of Director Madsen to that Board -6- CITY COUNCIL MEETING 5718 September 20, 2005 Clallam Business as a show of support. Further action will be required at a future date with regard to Incubator (Cont'd) contracts in cooperation with the CBI, Peninsula College, the School District, and the North Olympic Peninsula Skill Center. The matter was reviewed by the Community & Economic Development subcommittee, as well as the City Manager, City Attorney, and Finance Director. Lengthy discussion ensued, and staffresponded to questions and provided clarification regarding the changes made and future plans of the Board of Directors of the CBI and the importance of continuing the mission statement of the Clallam Business Incubator. Couneilmember Rogers moved to confirm the appointment of Director Madsen as Board Member and President of the Clallam Business Incubator, directing Mr. Madsen to represent the City in working to achieve this important component of the City's Eennomie Development Strategy. Councilmember Williams seconded the motion. Following further limited discussion, a vote wastaken on the motion, which carried unanimously. Real Estate Matter - 6. Real Estate Matter - DelGuzzi Proper~ DelGuzzi Property Director Madsen reminded the Council that there is a pending sale on what is commonly known as the DelGuzzi property, Lots 2, 5, 6, 7, and 8 on DelGuzzi Drive. The closing date is September 30, 2005; however, the City has received a back-up offer on the property for $300,000, which is $1,000 more than the pending sale. The offer allows for $5,000 in earnest money, a seven-day contingency, and is subject to the recision of the pending sale, should it not close on September 30. Further, the new purchaser would close not before October 10 and no later than October 17 and would intend to enter into a 1031 property exchange for tax purposes, but the sale is not contingent upon this exchange. The Real Estate Committee recommended that the City Manager or Mayor be authorized to sign the sale agreement. Lengthy discussion followed regarding different options that could be pursued. Councilmember Rogers moved to accept the back-up offer. Couneilmember Eriekson seconded the motion, which carried by a majority vote~ with Mayor Headriek voting in opposition. PUBLIC HEARINGS - None. QUASI-JUDICIAL: INFORMATION: Manager Quinn announced that the City received a Comprehensive Annual Finance Report award for Excellence in Financial Reporting. He lauded the efforts of the Finance staff in obtaining this award. Councilmember Pittis reported that he and Councilmember Braun had attended a Transit meeting and learned that residents from Forks in need of dental assistance had to be bused to Bremerton. Now that OIyCAP has opened in Port Angeles, that will not have to happen. Councilmember Braun lauded the Council's efforts in supporting the OIyCAP clinic, and Councilmember Munro reminded everyone of the OIyCAP Open House on Monday, September 26. EXECUTIVE SESSION: Attorney Bloor asked for confmnation of the Solid Waste Services Agreement Amendment being added to the Executive Session agenda, to which Mayor Headrick responded affirmatively. Based on input from Attorney Bloor, Mayor Headrick announced the need for an Executive Session for undetermined period of time under the authority of RCW 42.30.110( 1 )(g) - personnel, RCW 42.30.110(1)(i) - potential legal action, and RCW 42.30.110(b) - real estate for ten minutes, with possible action to follow. RETURN TO OPEN The meeting returned to open session at 9:13 p.m., at which time Couneilmember SESSION: Williams moved to authorize the City Manager to sign: 1) the Agreement with the National Park Service - Olympic National Park (NPS-ONP), removing the CITY COUNCIL MEETING September 20, 2005 RETURN TO OPEN language, "...ratify the MOU ..." from Article I, Paragraph 2, second sentence; SESSION: (Cont'd) and 2) the amendment to Solid Waste Processing Facility Development and Management Services Agreement with Waste Connections of Washington, Inc.; and 3) authorize the City Manager to approve minor changes, if necessary, to the agreements. Councilmember Rogers seconded the motion, which carried unanimously. RETURN TO The meeting returned to the Executive Session at 9:18 p.m. for an estimated two hours EXECUTIVE SESSION: to continue with the remaining items. RETURN TO OPEN The Executive Session concluded at 11:15 p.m., and the Council convened in regular SESSION: open session. No further action was taken. ADJOURNMENT: The meeting was adjou~ed at 1,~:15 p.m. Richard A. Headfick, Mayor Becky rUpto~i~e - t -8-