HomeMy WebLinkAboutMinutes 10/05/2004 5435
CITY COUNCIL MEETING
Port Angeles, Washington
October 5, 2004
CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order
REGULAR MEETING: at 6:02 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, B. Beverford, M. Puntenney, S. Sperr, G.
Kenworthy, A. Owens, and $. Roberds.
Public Present: E. Tuttle, T. Ahlgren, P. Lamoureux, and C. Kidd. All
others present in the audience failed to sign the roster.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Headrick.
ALLEGIANCE:
PUBLIC CEREMONIES, 1. Proclamation Recognizing October as Domestic Abuse Awareness Month:
PRESENTATIONS AND
PROCLAMATIONS: Mayor Headrick read the proclamation recognizing October as Domestic Abuse
Awareness Month. Ms. Becca Korby, Healthy Families, accepted the proclamation.
Proclamation Recognizing She informed those present of her personal experience as a victim of domestic abuse,
October as Domestic Abuse and she expressed her passion toward eliminating domestic abuse in the communityand
Awareness Month throughout the world.
Welcome & Introduction 2. Welcome & Introduction of Indonesian Delegates:
of Indonesian Delegates
In introducing the delegates from Indonesia, Manager Quinn indicated that the City' s
relationship with Berau, Indonesia, is under the auspices of the International City /
County Management Association, Building Institutions of Good Governance. The
delegates will be visiting until Friday and will be touring various City sites and
projects. Manager Quinn then introduced Yudi Artangali, Public Works; Amir Asran,
Solid Waste, Bayu Muhammad, BAPEDA Planning; Radjudin Abduracman, Assistant
to the Mayor; Carol Bartl, Program Manager; and Dayu, Translator. Ms. Bartl
approached the podium, advising the Council that the program is sponsored by the U.S.
Government, USAID, and it takes place over a two-year period with the first exchange
occurring this past April. Over the next eighteen months, there will be travels back and
forth. Ms. Bartl indicated that meetings are being conducted to share information on
such projects as drainage improvements, education system to support the drainage
program, and solid waste. She was extremely appreciative of the City's support of the
program.
Mayor Headrick provided words of welcome to the delegates, informing them it was
an honor and a privilege to have them visit Port Angeles. The Councilmembers then
rose to personally greet each of the delegates. The Mayor and Council were then
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5436 CITY COUNCIL MEETING
October 5, 2004
Welcome & Introduction presented with a gift by the delegates as asymbol of the City of Berau and as a token
of Indonesian Delegates of gratitude for the wonderful hospitality being provided by Port Angeles.
(Cont'd)
Director Cutler invited the delegates to stay for the next portion of the Council meeting,
as he felt it would be informative for them to see a report on the City's recent water
main break.
Recognition of Participants 3. Recognition of Participants on the Water Main Break:
on Water Main Break
Deputy D~rector Puntenney, aided by PowerPoint slides, provided a chronology of
pictures of the 30" water main break that occurred on August 24, 2004, in the vicinity
of the Peabody reservoir. He discussed the assistance provided by many individuals
and organizations during the repairs, stressing the importance of the cooperative effort
that was displayed in resolving the problem as quickly as possible. The cost of the
repairs was $35,000, to include labor, equipment, and materials.
Deputy Director Puntenney delineated the contributions made by all participants, and
he then listed the participants receiving recognition this evening: Port Angeles Fire
Department; Port of Port Angeles - Curtis Shuck; Maple View Trucking - Gary Smith;
H. D. Fowler Company - Scott McLellan; Clallam County Fire District #2; Romac
Industries, Inc. - Joshua Larkin; Jordan Excavating, Inc. - Jeffery Konopaski; and the
City of Port Angeles Water Division - Bill Beverford and Annette Owens. Mayor
Headrick and Director Cutler presented certificates of recognition to those involved,
offering words of appreciation on behalf of the City.
Discussion followed, and it was noted that the cooperation of the citizens and the media
was worthy of appreciation as well. Director Cutler briefly discussed the web page and
its capability for future use in this regard, and he provided further information as to the
use of the City's auto-dialer in situations of this nature. The P.U.D. used a similar
notification system to advise their water users of the emergency, and the County' is
looking into the possibility of a reverse 9-1-1 notification system for emergencies.
WORK SESSION: Discussion of City Council Rules of Procedure - Possible Change to Agenda Format
to Allow Public Comment on Any Topic:
Discussion of City Council
Rules of Procedure Attorney Bloor informed the Council that the current City Council Rules of Procedure
allow public comment only for topics not on the agenda, and they also allow the public
to suggest late items to be placed on the agenda. Some of the Councilmembers had
suggested further consideration in order to allow public comment on any topic,
combined with a limit on the amount of time a speaker may address the Council. He
noted that any change to the Procedures would require an amending Resolution.
Councilmembers Pittis and Rogers, both of whom felt the matter was worthy of
discussion, expanded on their feelings that the public should be allowed to address the
Council. However, Conncilmember Rogers felt that any public commentaries pertinent
to a public hearing should be offered during the public hearing itself. Further, she felt
that the Council's current practice does, in fact, allow for public input, but the wording
on the agenda is misleading. It was suggested that public comment be limited to three
minutes each, and that the total public comment period be limited to 15 minutes.
Councilmember Pittis likened it to a type of "open mike" period. In the ensuing
discussion, it ~'as felt that the first part of Agenda Item C. would be for Council and
staff to add agenda items; the second portion of that item would be set aside for public
comment, whether related to an agenda item or not.
Discussion then generated opinions as to the time limit, as well as to the need to target
a specific time for the public comment. In addition, it was suggested that, similar to the
practice of other cities, the public be invited to place their names on a sign-up sheet.
Attorney Bloor noted that such a register cannot be a requirement in order for the
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CITY COUNCIL MEETING 5437
October 5, 2004
WORK SESSION: public to speak. It was agreed that the goal for the "open mike" portion of the meeting
(Cont'd) would be held before 7:00 p.m., which is the time set for public hearings.
Discussion of City Council Manager Quinn then summarized the discussion in that public comment would be
Rules of Procedure allowed on any topic, only the Council and staffcould add agenda items, a certain time
(Cont'd) frame would be targeted for the public input, and there is a preference for a sign-up
sheet. The Council agreed by consensus that staff should return to the Council with an
amending Resolution, incorporating these proposed changes.
LATE ITEMS TO BE Councilmember Munro asked for discussion with regard to an additional traffic light
PLACED ON THIS OR being proposed in the UGA east of the Safeway store at Bayview. He and Director
FUTURE AGENDAS: Collins had extensive discussions on the matter, and the light is apparently being
proposed in view of Safeway's desire to add agas station. The matter was discussed
at a recent meeting of the PRTPO, and concern was expressed that an additional traffic
light would result in more congested traffic. Councilmember Munro opined that the
City should be involved in future decisions for the UGA. Councilmember Rogers,
having spoken to the County on the matter, learned that the location for the gas station
is being changed and the issue of an additional traffic signal has been eliminated. She
felt the City must stay alert as to activities and building permits in the UGA.
Councilmember Munro further suggested that staff be directed to write a letter for the
Mayor's signature to the County, expressing the City's opposition to such an added
traffic signal and, further, suggesting that the County seek other traffic solutions. It was
agreed that the suggested letter be submitted to the County on the Council's behalf.
Councilmember Williams then generated discussion as to proposed growth in the Deer
Park area and whether a traffic light will be added at that location. Director Collins
offered to seek further information as to upcoming development in that specific area.
Ed Tuttle, 3909 Old Time Place and President of the Bay Loop Association, read a
letter that had been submitted by the City to the Clallam County P.U.D. on the matter
of wholesale water. Mr. Tuttle's perception of the letter's content was that the City was
not being nice; however, Councilmember Rogers informed Mr. Tuttle that the City and
the P.U.D. have had very successful meetings on the water contract, and the matter is
moving forward. Further, she informed Mr. Tuttle that the City has a legal obligation
to have a contract in place in order to sell water outside the City limits. Mr. Tuttle
informed the Council that his organization is opposed to any contract that includes
annexation.
Paul Lamoureux, 602 Whidby, offered comments relative to the discussion on public
commentat the Councilmeetings. He felt the Mayor should be given latitude regarding
the three-minute time limit on public input. With regard to a matter he previously
brought to the Council's attention on Milwaukee Drive addresses, he indicated Director
Collins had been in contact with him to provide further clarification. Mr. Lamoureux
complimentedDirector Cutler on the Peabody Street paving project, especially because
the project came in under budget.
Cherie Kidd, 101 E. 10th Street, distributed invitations to the Council for the Preview
Gala of the Carnegie Library, October 29, 2004, 7:00 - 9:00 p.m. On behalf of the
Clallam County Historical Society, she thanked the City for its help in seeing the
project to completion. The official ribbon cutting ceremony is scheduled for Saturday,
October 30, at 12:00 Noon, and Congressman Norm Dicks will be the honored guest.
Ed Tuttle returned to the podium, informing the Council that the County
Commissioners allow the public to speak on any agendaitem, and he felt the process
worked well.
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5438 CITY COUNCIL MEETING
October 5, 2004
PUBLIC HEARINGS - 1. "K" Street Vacation - Port of Port Angeles:
OTHER:
Mayor Headrick reopened the public hearing at 7:25 p.m. Director Collins informed
"K' Street Vacation - Port the Council that this public heating was being held for two items, one being the street
of Port Angeles and vacation requested by the Port of Port Angeles, and the other being the surplus property
Surplus Property under consideration in association with the vacation. He explained the proposed
Ordinance No. 3171 exchange of property, as set forth in the Council packet, which would serve both the
City's and the Port's interests well, particularly because the City could use the
exchanged property for parking for the Estuary Park and to relocate the pump station
from across the street next to the Valley Creek Estuary. Director Collins said that
Burlington Northern Railroad had been notified of the proposed street vacation, and it
appeared there was no reason to delay action.
Councilmember Rogers inquired as to the property exchange and the impact on
KONP's antenna. Director Collins indicated there is an easement indicating that
KONP would need to relocate the antenna if so determined by the City. However, he
indicated the City would work with KONP regarding their needs. Director Cutler
informed the Council that he spoke with Todd Ortloff of KONP and learned that the
facilities are actually owned by the McDonalds. The guidewire location does not seem
to pose a problem, and KONP may wish to relocate the presently underground antenna
in order to gain improved signal transmission. Mr. Ortloffhas been asked to inform
the City as soon as possible if there are any issues due to the City's need to begin
planning for the future pump station.
At Councilmember Munro's request, Director Collins clarified the establishment of
property values in the street vacation, something that is addressed in Finding No. 10.
As Chairman of the Real Estate Committee, Councilmember Williams offered further
input, and Mayor Headrick pointed out that this exchange is between two public entities
and will enhance growth. Mayor Headrick then read the Ordinance by title, entitled
ORDINANCE NO. 3171
AN ORDINANCE of the City of Port Angeles, Washington, vacating a
portion of "K" Street lying south of the southerly margin of Marine
Drive, all in the Townsite of Port Angeles, Clallam County, Washington.
Couneilmember Williams moved (1) to adopt the Ordinance as read by title, citing
Condition 1, Findings 1 - 13, and Conclusions A - E, as set forth in Exhibit "A",
which is attached to and becomes a part of these minutes and, (2) to declare as
surplus that certain property bounded by "K" Street, Marine Drive, and West
2naStreet and all contained within Block 132 of the Townsite of Port Angeles,
Clallam County. The motion was seconded by Councilmember Braun and carried
unanimously.
Break Mayor Headrick recessed the meeting for a break at 7:41 p.m. The meeting reconvened
at 7:52 p.m.
FINANCE: Celerity Participation Agreement:
Celerity Participation Mayor Headrick briefly summarized the Participant Agreement for the Celerity Project,
Agreement and Deputy Director of Power Systems McLain explained to the Council that Celerity
would be aggregating generators on the Peninsula as a test when there is a high
transmission load. This pilot demonstration project would bring generation on line to
alleviate the transmission problems. Currently being considered is the City's
generating unit at the Wastewater Treatment Plant. Deputy Director McLain added that
Celerity would purchase and install a closed transition switch and remote operations
communication equipment at a value of $27,000; the equipment would be retained by
the City at the completion of the project. Mr. McLain summarized the City's
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CITY COUNCIL MEETING 5439
October 5, 2004
FINANCE: responsibilities in association with the project, and he indicated the Utility Advisory
(Cont'd) Committee had recommended approval.
Celerity Participation Following brief discussion and questions and answers, Councilmember Pittis moved
Agreement (Cont'd) to authorize the Mayor to sign the participation agreement with Celerity Energy
Partners, LLC, for use of the Wastewater Treatment Plant emergency generator,
in the generation aggregation project. Councilmember Williams seconded the
motion, which carried unanimously.
CONSENT AGENDA: Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City
Council Minutes of September 21, 2004; 2.) Expenditure Approval List - September
24, 2004 - $638,098.25; 3.) Electric Rebuild Laurel Street and Washington Street
Substations, Projects No. 01-27 & 01-29; and 4.) Public Display of Fireworks Permit.
Councilmember Rogers seconded the motion and, following brief discussion, a
vote was taken on the motion, which carried unanimously.
CITY COUNCIL Councilmember Williams referenced the September issue of the NWPPA periodical,
COMMITTEE pertinent to renewables and conservation. He indicated he will be attending the
REPORTS: National Solar Conference in San Francisco.
ORDINANCES NOT None.
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS: None.
OTHER 1. Combined Sewer Overflow Plan:
CONSIDERATIONS:
Director Cutler introduced the matter of the City's Combined Sewer Overflow (CSO)
Combined Sewer Overflow Plan, noting that the City must submit the Plan to the Department of Ecology by
Plan October 23, 2004, in order to meet DOE's requirements and timetable for control of
CSO events. He advised the Council that the City's consultant, Brown & Caldwell,
would provide an overview of the requirements, proposed alternatives and schedules
for compliance, as well as cost estimates and proposed funding alternatives in
association with the CSO reduction plan, all at a projected cost of $31 million.
Todd Keithahn, Brown & Caldwell, used PowerPoint slides to review the City' s current
system, which involves five Combined Sewer Overflow outfalls that require monitoring
as part of the Wastewater Treatment Plant's (WWTP) National Pollution Discharge
Elimination System (NPDES) Permit as issued by the DOE. Mr. Keithahn indicated
that DOE's requirements establish a control of one overflow per year per CSO location
by the year, 2015. He added that there are nine minimum controls to be implemented
per the EPA, such as proper operation and maintenance, maximumuse of the collection
system for storage, pretreatment requirements to assure CSO impacts are minimized,
maximization of flow to the WWTP, prohibition of CSOs during dry weather, control
of solid and floatable materials in CSOs, pollution prevention, public notification, and
monitoring of CSO impacts and the efficacy of controls. Mr. Keithahn reviewed the
data to characterize the system, as well as the City's current overflow status and
reduction requirements. He reviewed certain assumptions that have been characterized
in the Plan, noting there will be an effort for a 50% CSO reduction by 2010. The
program would be completed in phases through 2015 according to the DOE mandate,
but the program should be completed at an affordable level in Port Angelesby 2029.
Mr. Keithahn summarized the City's CSO reduction alternatives and the costs
associated with each. The total recommended facilities construction would equate to
approximately $31.7 million.
Jane Lindsey summarized the financing issues and noted that financing all of the
improvementsby 2015 wouldpresent a hardship to the citizens. She recommended that
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5440 CITY COUNCIL MEETING
October 5, 2004
OTHER an extension be pursued from DOE, with a scheduled completion by 2029, adding that
CONSIDERATIONS: King County's completion date has been set for 2030, and Seattle's completion date
(Cont'd) has been set for 2020.
Combined Sewer Overflow Ms. Lindsey delineated certain goals associated with the CSO reduction plan, such as
Plan(Cont'd) achieving a 50% CSO reduction by 2010, extending the DOE schedule for
affordability, and establishing affordable rate increases. She discussed in depth an
analysis of the rate impacts associated with completion by 2015 and 2029 and reviewed
the CSO capital program recommendations, itemizing the programs for the next five
years. If the City were to attempt completion by 2015, the City' s residents could be
paying from $81 to $87 per month, depending on the option selection. Due to the
hardship that would be placed on the citizens, an extension will be sought. Further, it
has been recommended that the City complete the projects as identified in the next
5~year CIP, evaluate policy and financial goals, negotiate an extension with DOE,
refine the near term schedule and costs for rate analysis, and apply for low interest
loans and grants. Ms. Lindsey reviewed potential grant and loan applications that could
be submitted.
Discussion ensued, and CouncilmemberMunro inquired as to the consequences if DOE
would not provide an extension. The consultants indicated that, in these instances,
DOE typically assists cities with low interest loans and grant funding. Discussion also
involved consideration of the differences in cities with saltwater discharge, and
Councilmember Williams addressed the roof drain disconnect project. Steve Sperr
indicated that project was accomplished in an effort to determine if the removal of roof
drains wouldbe economicallyviable. It does not appear to be economically viable, and
a report will be forthcoming to the UAC.
Discussion followed, after which Councilmember Rogers moved to authorize the
Public Works & Utilities Director to submit the updated CSO Reduction Plan to
the Department of Ecology and negotiate a final, approved version of the Plan.
Councilmember Erickson seconded the motion, which carried unanimously.
Presentation by Mike Svec 2. Presentation by Mike Svec - United Together Teen Unity Project:
United Together Teen
Unity Project Manager Quirm introduced the presentation by Mike Svec of United Together Teen
Unity Project. The City had entered into an agreement with the organization to provide
direction in terms of 150 programs in Clallam County with calendars ofyouthprograms
and activities utilizing a common database. Mr. Svec was present to submit a status
report on the organization's activities in conjunction with City funding provided.
Mr. Svec informed the Council that he had generated the idea of United Together in
1998, as many local youth programs were duplicating servicesbut not meeting direct
communityyouthneeds. He found that the area's youth were generally uninformed as
to local programs, activities and resources that were available. Mr. Svec then formed
the United Together Teen Unity Project, providing a web site with a calendar of events,
activities list, and other information via a newsletter. With the use of PowerPoint
slides, Mr. Svec showed the Councilmembers the current website (located at
www.teen2do.org), and the means by which the site can be navigatedin order for the
youth to garner a variety of information on activities and programs. Mr. Svec
described the process by which organizations can be included in the website, and he
noted that there are other similar programs throughout the State and the Nation.
Mr. Svec indicated that multiple support letters were gained from Clallam and Jefferson
County youth programs, State Representative Lynn Kessler, and the City of Port
Angeles in the form of a contract that ultimately led to a matching grant from the
Washington Mutual Foundation. He felt it would be helpful for the City to write a
letter of support so he could obtain program support from area churches. The overall
goal of the organization is to provide the area youth with a resource to locate positive
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CITY COUNCIL MEETING 5441
October 5, 2004
Presentation by Mike Svec activities and programs in the community.
United Together Teen
Unity Project (Cont'd) Discussion followed, and Councilmember Rogers inquired as to whether Mr. Svec had
discussed the project with Lieutenant Governor Brad Owen, someone who has always
championed youth activities. She suggested he might also contact the Peninsula Daily
News to publicize the organization in the community, perhaps on a regular monthly
basis. Another idea proposed was to have the program recognized through the
Association of Washington Cities. Police Chief Riepe commended Mr. Svec's
commitment to the youth in the community. Following further discussion,
Councilmember Pittis moved to authorize the Mayor to sign a letter of support
for United Together Teen Unity Project. Councilmember Rogers seconded the
motion, which carried unanimously. Councilmember Rogers suggested that a letter,
signed by all Councilmembers, be sent to the Lieutenant Governor with regard to the
efforts of the organization.
PUBLIC HEARINGS - None.
QUASI-JUDICIAL:
INFORMATION: The Finance Committee will meet on Wednesday, October 6th, at 3:00 p.m.
EXECUTIVE SESSION: Based on input provided by Attorney Bloor, Mayor Headrick announced the need for
an Executive Session for 45 minutes for: one item subject to RCW 42.30.110(i): To
discuss with legal counsel representing the agency matters relating to agency litigation
or potential litigation to which the agency, the governing body, or a member acting in
an official capacity is, or 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; one item subject to RCW 42.30.110(g): To review the performance ora public
employee; and one item subject to RCW 42.30.140: That portion ora meeting during
which the governing body is planning or adopting the strategy or position to be taken
by the governing body during the course of any collective bargaining, professional
negotiations, or grievance or mediation proceedings, or reviewing the proposals made
in the negotiations or proceedings while in progress. The Session convened at 9:10
p.m., and at approximately 9:55 p.m., the Session was extended to 10:40 p.m. by
announcement of the Mayor.
RETURN TO OPEN The Executive Session concluded at 10:40 p.m., and the Council reconvened in regular
SESSION: open session.
ADJOURNMENT: The meeting was adjourned at 10:40~t~.m.
R~chard A. Headri~"~,'May~o~ - ' "Becky ~l.-ljpt~ Ci/~/Clerk'- ~- --
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