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HomeMy WebLinkAboutMinutes 10/07/2003 5043 CITY COUNCIL MEETING Port Angeles, Washington October 7, 2003 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, B. Coons, G. Kenworthy, T. Smith, and E. Kovatch. Public Present: C. Kidd, J. Smart, J. Piths, B. Sleeper, R. Gotham, G. & P. Marler, B. & D. Foley, A. Holzschuh, C. Smith, B. Frederick, K. & B. Anderson, P. Lamoureux, A. May, D. DiGuilio, L. Ross, R. Veenema, D. Perry, D. Pilling, R. Hiener, K. Thompson, F. Norton, and J. Michalczik. 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 Campbell. ALLEGIANCE: PUBLIC CEREMONIES, 1. Beautification Award: Recognition of Rotary Club: PRESENTATIONS AND PROCLAMATIONS: Mayor Wiggins presented the Beautification Award to Rotary Club representatives Kelly Gabriel and Andrew May, who advised those present that the Rotary Club had Beautification Award: sold more than 94,000 bulbs in its beautification effort. Recognition of Rotary Club Proclamations for "5 Year 2. Proclamations for "5 Year Police Volunteers ": Police Volunteers" Mayor Wiggins and Police Chief Riepe presented proclamations and gold badges in honor of the 5 Year Police Volunteers: William T. Foley, Gary Marler, Gwen Porterfield, and Leland Porterfield. Unable to attend this evening were Charles DeVoney, Louis Lawson, and Leona McAllister. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 6:10 p.m. to consider a matter of real estate and to discuss labor negotiations. RETURN TO OPEN The meeting returned to Open Session at 6:40 p.m. SESSION: -1- 5044 CITY COUNCIL MEETING October 7, 2003 WORK SESSION: Downtown Waterline and Sidewalks, Phase III, Project Scope for Downtown Pavers: Public Works & Utilities Director Cutler advised the Council that the City applied for Downtown Waterline and two loans for the downtown watermain and sidewalk project, one being from the Sidewalks, Phase III, Public Works Trust Fund and the other being fromthe Drinking Water State Revolving Project Scope for Fund. The City received notification recently that the Public Works Trust Fundloan Downtown Pavers will be recommended to the Legislature and, with the City's application in the middle of funding availability, there is a high level of confidence that the funding will be forthcoming. However, concerning the Drinking Water State Revolving Fund loan, the City's application was beyond the funds available at the present time, but Director Cutler noted that the Public Works Trust Fund will accommodate the project, to include the waterlines, the sidewalks over the waterlines, as well as the sidewalk work on the west side of Laurel Street from Railroad Avenue to First Street. Following a presentation by Deputy Director of Engineering Services Kenworthy, the Council will be asked to provide staff with direction as to the scope of the project, particularly as it applies to the sidewalks on Laurel Street and the option of filling in the area or preserving some of the underground in that particular area by installing a structural sidewalk. Deputy Director Kenworthy, using PowerPoint slides, explained this is the final phase of the downtown improvements project. The first phase involved sidewalks on First Street between Lincoln and Laurel, down Laurel and Lincoln to Railroad, and along Railroad. The second phase completed Front Street between Lincoln and Laurel and the east side of Laurel, from Railroad to First, and a short section on the north side of Front Street in front of the restaurant and Budget Rent-a-Car. This third phase will continue to the west along First Street and down towardMarine Drive with waterline replacement and along both sides of First Street to Oak. In addition, loan funds were also requested for the west side of Laurel Street, as well as the north side of Front between Laurel and Oak. Deputy Director Kenworthy summarized the options for the project and the associated costs. Costs for waterline and sidewalk replacement were projected at $2,050,000; Laurel Street pavers from Railroad to First Street, with no underground preservation, were projected at $350,000. Laurel pavers, plus preservation of the underground from Front Street to the alley, were estimated at $100,000, and Laurel pavers with preservation of the underground from Front to First were calculated at $200,000. Deputy Director Kenworthy explained the loan matching funds, indicating that utility funds could be used as a match for the waterline and sidewalk portion of the project. However, matching funds for the underground would need to originate from the Government Fund/CFP. Mr. Kenworthy also reviewed the different loan payments that could be expected based on the option selected. Mayor Wiggins inquired as to the total amount approved for the loan, and Deputy Director Kenworthy responded the total grant is $2,600,000. He further clarified that the additional $30,000 or $15,000 for matching funds has not yet been approved, thus necessitating the discussion this evening. Mr. Kenworthy showed pictures of the area in question, explaining the options specific to each area. He directed the Council's attention to the communications vault midway between First and Front on Laurel, requiring access to the twoundergroundsections from different locations. After further discussion, Mayor Wiggins invited public input. Cherie Kidd, 101 E. l0th, asked the Council to not bury the underground, as it is the City's past, present, and future. Representing three generations of a Port Angeles family, Ms. Kidd felt the underground is an important part of the City' s history and that every decision made by the City Council must be far reaching and for the furore. Ms. Kidd emphasized the importance of the downtown area needing economic revitalization, and many cities have used their unique heritage to establish a tourist destination. Citing examples of different areas that have succeeded in such ventures, Ms. Kidd felt that Port Angeles could capitalize on its potential to draw tourists to the underground. She indicated the Port Angeles Business Association had met earlier in -2- CITY COUNCIL MEETING 5045 October 7, 2003 WORK SESSION: the day and voted unanimously to endorse the preservation of the downtown (Cont'd) underground on the west side of Laurel Street and to consider providing financial assistance for the preservation of this cause. Ms. Kidd urged the Council to use its Downtown Waterline and vision by retaining the underground. Sidewalks, Phase III, Project Scope for Russ Veenema, Chamber of Commerce Executive Director, asked the Council and the DowntownPavers (Cont'd) communityto think beyond just the underground, but to think more in terms of heritage tourism which is playing a large role in the entire country. Mid-June through mid- September, the Chamber of Commerce, along with Don Perry, started daily underground tours. Just less than 600 people went on the tours at a cost of $8.00 per person, and feedback has been quite good. During Heritage Weekend, tours were conducted of the downtown, but the tours went beyond just the underground. The heritage tours involved several hundred people, and they included downtown tours, trolley tours, and clock tower tours, all of which focused on the area's heritage. The Chamber attempts to attract visitors as overnight guests, and he acknowledged the tours have not been overly successful in drawing people specifically for the tours. However, it does provide Port Angeles with a marketing niche and, in keeping with the creation of product, much has been accomplished in terms of heritage with the renovation of the Carnegie Library, the County Courthouse, and Family Shoes. Mr. Veenema felt that these positive, collective efforts go a long way as a tourism draw for the downtown. Mr. Veenema felt the City and the community should consider this a joint effort, as the building owners should help create the desired product; he offered the Chamber's assistance in facilitating such a partnership. Betty Sleeper, 111 W. 14th, having worked with underground tourism for several years, sees a great potential for keeping tourists in Port Angeles. She felt the underground is part of the package of the entire heritage tour and, regretting that much of the undergroundhas already been filled, she urged the City Council to retain the areas that remain. Ms. Sleeper noted that people taking the tours have been extremely enthusiastic, wanting to know more of the area's history, and she offered kudos to Kevin Thompson for the renovation of the brothel above the shoe store. Cindy Perry, 1735 W. 13th, a 22-year-old tour guide of the underground, has been completely enchanted with the stories and sites of the tour. Ms. Perry related how excited the public has been to tour the underground. She felt that the underground is as much a landmark as the old Church, the Carnegie Library, and the Family Shoe Store. She emphasized that the underground is part of the City's past, which is what makes the future, and she felt that destruction of theunderground would destroy part of the soul of Port Angeles. Living stories of the past would be destroyed to only a faint memory, and she asked that the underground be retained. Don Perry, 1735 W. 13th, read a statement relating that tourism can be the solution to the economic difficulties created by reduced logging, fishing, and mill closures. He indicated that Port Angeles has mountains, water, close proximity to major cities, animals, climate, trees, rivers, lakes, and most important, history. He was uncertain as to whether the community understands the uniqueness of what happened in 1914, and the issue isn't whether retention of the underground is affordable but, rather, where the money can be found to save the underground. He was amazed that the retention of the underground is being viewed in terms of costs when, in fact, it should be viewed as an investment in the future of Port Angeles. Mr. Perry cited the success of Atlanta, Seattle, and Pendleton underground areas, and he reviewed the success of the tours conducted thus far in Port Angeles, something that recently received accolades in The Olympian. Mr. Perry felt that the development of the underground should be a priority for every business person in the City in terms of revenue that can be produced. Before a decision is made in this regard, he urged the Council to conduct a public meeting to · receive input from the taxpayers. He asked the Council to leave the underground as it is with minor improvements and, as a taxpayer, he indicated he would like to see a return on his investment with this opportunity. -3- 5046 CITY COUNCIL MEETING October 7, 2003 WORK SESSION: Peter Ripley, 114 E. 6th, Apt. 102, urged the Council to not squander this opportunity (Cont'd) to bring in tourists, and he urged the Council to do whatever it takes to help in this Downtown Waterline and endeavor. Sidewalks, Phase III, Project Scope for Barbara Frederick, 515 South Laurel, was present as Secretary to the Board of the Port DowntownPavers (Cont'd) Angeles DowntownAssociation. She read a letter into the record from the Downtown Association recommending a compromise to not save the underground area on the north side of Front Street between Laurel and Oak Street, but to save the corridor and bridge the west side of Laurel between First Street and Front Street. Lorraine Ross, 940 W. 5th, a member of the City Council in the 1970's, recalled past history of the community, as well as the beauty and character of the basement in the old City Hall in the downtown area. Many years ago, she advocated the preservation of these historical areas, to include the underground, and she has been pleased that individuals such as Jackson Smart have led the charge to save these areas. Over the last thirty years, a great deal of the City's history has been destroyed, and Ms. Ross urged the City Council to find the necessary funds to save the underground so that it, too, won't be lost over a period of time. Kevin Thompson, 130 W. Front Street, owner of Family Shoes, indicated that most of the underground has been lost and, in spite of what he has done to his building and what others have done improving their buildings, there is nothing without the underground to tie the tours together. Jackson Smart, 472 Mt. Pleasant Road, related how he first heard of a mural in an old building in Port Angeles and, uncovering a dormant part of Port Angeles history, he realized that something needed to be done to capitalize on the City's heritage. The first time he saw the old storefront on Laurel Street and walked out the wooden doors, he felt as if he were stepping out into 1914. There was such an impact on him that he set out to learn the history of the area. Although he is not from Port Angeles, he indicated that his heart is here. He felt the Council understands the importance of the underground, and that it will make the right decision. Diane Markley, 104 N. Laurel Street, is owner of the building known as the Bondelid Building, which is on the corner of First and Laurel, extending north to the stain glass shop on Laurel. Ms. Markley has been working on preserving the building for the past four years and is very much in favor of the underground. She felt Mr. Perry has done a great job putting the tours together, yet her one concern as a property owner is safety and sidewalk design. It appears that the sidewalks are hinging offofher building. If the area is filled, then she questioned the possibility of extra water seepage, as she presently has water under her building. If, however, there is a way to support the existing sidewalk, she would be in favor of that option, with the possibility of opening the existing stairway that is under the building. Deputy Director Kenworthy addressed the matter of drainage if the area were filled, stating that such a problem would be fixed at the time of the project work. Some temporary repairs have already been accomplished but, either way, that potential problem will be fixed. Ms. Markley indicated that, as a property owner, she would prefer to see the underground saved. If there is a way to structurally support the sidewalk without filling it in, she felt that would accommodate everyone's wishes. Andrew May, 483 W. Ridge Road, felt that Port Angeles will be much more than just flowers, Art on the Town, or Waterfront Trail. He indicated it is when everything comes together with the estuaries and the murals that the City becomes a renaissance town. He acknowledged Mr. Veenema's earliercomments in that it is the packaging of the product that becomes important in terms of offering a unique experience. Mr. May asked the Council to remember the importance of having things for people to do when they are waiting for the ferries, and their experience will be filled with a very -4- CITY COUNCIL MEETING 5047 October 7, 2003 WORK SESSION: unique history of a very unique place. He has no doubt that they will stay longer or (Cont'd) choose to return at a later date. Mr. May felt this is an integrated part that fills a very Downtown Waterline and important niche that is needed right now. Sidewalks, Phase III, Project Scope for Larry Doyle, 3115 City Lights Place, asked the Council to take a hard look at how it DowntownPavers (Cont'd) spends taxpayer money and how long it is committing taxpayers to loans for projects being considered. He agreed that tourism is the highest priority now that fishing and timber have diminished, but he felt no action should be taken on the brick pavers until the time the abutting property owners have given a solid commitment. He suggested leaving the area as is, so that it can be developed in the future if the property owners are so inclined to participate in the project. Just having the underground preserved will not likely satisfy the underground tour business, and Mr. Doyle recalled past conjectures that businesses wouldbe developed underground. He was uncertain if the business owners were fullyaware that theyhadbasementsthat couldbe developed. He reiterated his suggestion to leave the area as is, but he offered caution in terms of liability issues as relates to the tours. Peter Ripley, 114 E. 6th, Apt. 102, raised the issue of accessibility to the underground in keeping with ADA requirements. Deputy Director Kenworthy indicated there is some leeway in the ADA but, to make the area accessible to that depth, a ramp would be required and because of the length involved, much of the underground would be taken up just for the ramp. He indicated there are provisions that ADA requirements can be bypassed in confined spaces of historic sites. Bill Thomas, 473 S. Bagley Creek Rd., just opened a business with his wife in Port Angeles at 110 Laurel Street. As a relative newcomer, he was excited about being in Port Angeles. Mr. Thomas could see the potential of the town, and he felt the underground is an important part of the overall picture. It is not theonly picture, but he felt it important to save the heritage of the City. He offered to help in any way possible, and he spoke of the natural beauty in the area, urging the Council to do whatever possible to preserve and protect the City to make it what it could be. Arla Holzschuh, Executive Director of the Port Angeles Downtown Association, 105 1/2 E. First Street, advised the Council that she had just finished tallying the numbers for the past six years for the downtown area that may provide credibility to what can happen in a community. In October, 1997, the City made a concerted effort to invest the community' s money in the downtown area by replacing watermains and sidewalks. That investment began a downtown renaissance, as the brick pavers created an atmosphere. The art work that was brought in also created an atmosphere. In the past six years, the City, and the Port with the Landing Mall, has invested $5.8 million in the downtown. As of this afternoon, her numbers indicate that the downtown property owners and businesses have contributed in reinvestment since October 1, 1997, a total of$14,011,000. The community as a whole is reinvesting in its heritage, such as Kevin Thompson's facade. The City is no longer recognizable because of recent efforts to work to the future by remembering the past. Don Perry, 1735 W. 134, returned to the podium to address the issue of disabled access. He described the idea of using an old service elevator for this purpose with the possibility of obtaining one in Seattle. Otherwise, some type of elevator assistance could be provided with a design similar to the old service elevators of the past. In addition, the question of whether the tours would be the same without the underground, he felt the answer was no, as there is a 25-minute pictorial presentation that explains the underground and how it was done, something that is tremendously accepted. Cindy Perry, 1735 W. 13th, returned to the podium and shared the story of a 4-year-old begging to see the underground. The youngster was in awe of the underground, which shows that people are on the tour just to see the underground. -5- 5048 CITY COUNCIL MEETING October 7, 2003 WORK SESSION: Discussion ensued, and Councilmember Erickson asked for more information from Ms. (Cont'd) Kidd about the financial support committed to by the PABA. Ms. Kidd responded the Downtown Waterline and PABA Commitment is just the beginning of financial support from the entire Sidewalks, Phase III, community, as the Clallam County Underground Society is about to be formed. The Project Scope for PABA made the first offering for the preservation of the underground to a level of DowntownPavers (Cont'd) several hundred dollars. Ms. Kidd cited the Atlanta underground and similar success that could be realized in Port Angeles. Councilmember Erickson raised the question that, if Phase III were pursued with the replacement of watermains, is there anything that would prevent the City from borrowing money later for the underground. Director Cutler said nothing precludes the City from applying for a loan again, but one of the main selling points was the work on the watermain that helped sell the entire package. He was uncertain how the City would score in an application process if it related only to sidewalks and a small section of the underground. Mayor Wiggins indicated that mobilization costs of a small project should be considered because the costs are higher. The Mayor also pointed out the advantage of a 1/2% interest factor. Citing budget discussions, Councilmember Erickson suggested there may be other sources of funding for this portion of the project, such as lodging tax funds. Director Cutler indicated design efforts will be underway in 2004 with actual construction in 2005. If the Council would like to defer giving direction to staff until a later date, the design work for Laurel Street can be deferred and the main focus placed on the watermain. If a structural sidewalk is selected for the west side of Laurel, Director Cutler envisioned a consultant would be engaged for the design. Councilmember Rogers advocated not spending money, as she felt it would be preferable to leave the west side of Laurel Street as it is. Part of the historical value of that area is the sidewalk with its original glass blocks. The costs in the staffmemo only represent the proposed cost ora structure to support the pavers and, if pavers are used, the historical value is lost. The alternative is to do absolutely nothing unless, because of a safety issue, something needs to be shored up. To that end, Mayor Wiggins inquired if there could be a seismic issue related to the building and the deteriorating pavement. Director Cutler responded that all buildings need maintenance in order to protect their structural integrity, and some action may need to be taken on the sidewalk on the west side of Laurel Street to assure the safe passage of people on that particular section. Whether it is replacement with structural sidewalk or taking interim measures, something will eventually need tobe done. Director Cutler proposed that this option be studied in greater detail with the necessary fixes and associated costs identified for the Council's consideration. In response to an inquiry from Mayor Wiggins, Deputy Director Kenworthy felt it unlikely that the Public Works Trust Fund loan could be used for a shoring of the sidewalk. He asked for clarification as to whether this option would include only the portion of Laurel between First and Front, or if it would also include the block to Railroad. Councilman Braun expressed concern that water is running under Ms. Markley's building; he asked that this matter be rectified and that the integrity of that sidewalk be assured. Deputy Director Kenworthy reiterated that the City would definitely make provisions for remedying the situation. Councilman Williams spoke in support of preserving the underground, and he noted the number of influential economic-based groups supporting this endeavor. He felt it has been demonstrated that there is an interest and an economic draw, as money is collected from weekly tours, and there is an expectation of contributions beyond that. He felt that all of the questions have been answered from two years ago. Mayor Wiggins felt that the reality of the underground is that the underground could be bridged, $200,000+ could be spent, and the City could wait for a long time for private investment. He envisioned the possibility that the City would have borrowed the money to make this type of investment on the potential hope that someone will do something in that area to attract tourists. He suggested that, if -6- CITY COUNCIL MEETING 5049 October 7, 2003 WORK SESSION: something is going to be done in the underground, then ventilation, access on two sides, (Cont'd) lighting, and security will be required. There are many issues that are not addressed Downtown Waterline and or funded by the $200,000 being considered. Councilman Headrick was previously Sidewalks, Phase III, unfamiliar with the underground and, after having toured the area and gathered further Project Scope for information, he now agrees the underground should be preserved. This preservation DowntownPavers (Cont'd) could be accomplished in different forms, and he reviewed the financial ramifications upon the General Fund, suggesting that the underground be left as it is. Further, he suggested that up to $50,000 be provided for structural enhancement for the underground, with the expectation that the community, property owners, and civic organizations will step up and provide support for this. He felt that, as a historical site, the underground is worth much more exactly as it is right now than it would be with a lid. He compared the lid to putting paint on antique furniture; the aesthetic value should not be destroyed. Therefore, Councilman I-Ieadrick moved to leave the underground as it is, to allow and support its development with funds for structural enhancement, and to leave it to the community to further develop this area. The motion was seconded by Councilman Braun. Mayor Wiggins sought clarification that the motion is related to the 300 feet from First Street to Front Street. Councilman Headrick realized this was the area of main focus; however, he could see no reason to not leave the block to Railroad open as well. Councilman Williams offered information about the underground between Railroad and Front Street. Councilman I-Ieadrick indicated his motion would include both blocks, from Railroad to First Street on the west side of Laurel. Councilmember Erickson queried as to how much in funding would be committed by the City; and Councilman Headrick clarified his intention that up to $50,000 would be made available from different sources, whether from lodging taxes, real estate taxes, or other sources. After further discussion, a vote was taken on the motion, which carried unanimously. Break Mayor Wiggins recessed the meeting for a break at 8:08 p.m. The meeting reconvened at 8:20 p.m. LATE ITEMS TO BE Bob Harbick, 1006 So. Lincoln Street and President of the Peninsula Water Sports PLACED ON THIS OR Association, shared with the Council the success of this past weekend's Victoria FUTURE AGENDAS: Express Strait Thunder Challenge Hydroplane races. He expressed appreciation to the City, Jack Harmon of Victoria Express, and the many volunteers who made this event such a success. He offered special commendation to Marc Connelly and the entire City staff for being so accommodating. Mayor Wiggins expressed the City's appreciation to Bob and Jan Harbick for all of their work on this most successful event. Paul Lamoureux, 602 Whidby, reiterated past concerns on expenses related to the contract for tree trimming in the City. In addition, he suggested that projects requiring continuing maintenance should be revisited in terms of the cost factors. Councilmember Rogers offered input that tree trimming has proven to be extremely helpful as relates to power outages due to tree growth in the power lines. Mr. Lamoureux then read a statement further expressing his opposition to fluoridation of the City's water supply. FINANCE: 1. Memorandum of Agreement between City of Port Angeles and Port of Port Angeles for Airport Police Patrol: Memorandum of Agreement between City Police ChiefRiepe presented the proposed MemorandumofAgreement solidifying the and Port for Airport Police arrangement between the City and the Port of Port Angeles for police services at Patrol Fairchild International Airport. He indicated the Port has entered into a Law Enforcement Personnel Reimbursement Agreement with the Transportation Security Administration, a division of the Department of Homeland Security, which allows for reimbursementto the City for police patrol services. Following brief discussion, Chief Riepe clarified that the agreement is retroactive to June 1,2003, and that services can be provided with current staff'mg, Councilman Braun moved to authorize the Mayor -7- 5050 CITY COUNCIL MEETING October 7, 2003 Memorandum of to sign the proposed Memorandum of Agreement (MOA) between the City of Port Agreement between City Angeles and the Port of Port Angeles. The motion was seconded by Councilman and Port for Airport Police Williams and carried unanimously. Patrol (Cont'd) Intergovernmental Drug 2. Intergovernmental Drug Task Force Agreement - OPNET: Task Force Agreement - OPNET Chief Riepe noted the attendance of members of the Drug Task Force: Washington State Patrol Trooper Mike Graul, Retired Washington State Patrol Trooper Bob Orth, Clallam County Undersheriff Fred DeFrang, and Port Angeles Sgt. Eric Kovatch. Chief Riepe cited the City's desire to work toward the betterment of the community in drug use and abuse by participating in the Drug Task Force for enforcement, education, and treatment. To that end, the OPNET agreement enables the City to participate with other communities who are providing financial resources. Sequim and Jefferson County will make monetary contributions toward the salary of the Port Angeles OPNET officer, to include training, overtime, vehicle, and equipment. The City is responsible for one-halfofthe officer's salary and benefits. ChiefRiepe spoke of the importance of this cooperative effort throughout the Peninsula. Mayor Wiggins noted this agreement is tied to the COPS grant and, if the grant is not forthcoming in future years, he asked about budgeting for the position. Manager Quinn indicated the City has budgeted the remaining funds for this position in the General Fund in 2004 as an additional cost. Councilmember Erickson suggested something may need to be placed in the agreement regarding dissolution and the commitment of the agencies to fulfill their financial obligation. ChiefRiepe felt that, if for some reason the other entities cannot meet their obligations, OPNET would still be responsible for the specified portion of the officer's salary. Attorney Knutson agreed with Councilmember Erickson that if the agreement terminates, then the financial arrangements set forth would also terminate. If there is going to be a continuation of this relationship between the City and the County thatwould provide for the funding of the City's officer, then that would need to be a separate arrangement to be worked out with the County. Councilmember Rogers indicated she would be working with the Chief and the City Manager regarding the 2003 Federal COPS Grant from the Congressional side. Councilman Braun moved to authorize the Mayor to sign the Intergovernmental Drug Task Force Agreement. The motion was seconded by Councilmember Rogers and carried unanimously. Interlocal Agreement with 3. Interlocal Agreement with Kitsap County for Receipt of Homeland Security Kitsap County for Receipt Grant Funds (Emergency Planning): of Homeland Security Grant Funds Fire Chief McKeen provided information pertinent to the Interlocal Agreement with Kitsap County to receive Federal grant funds for the purpose of planning upgrades and enhancements to each jurisdiction's Comprehensive Emergency Management Plans. Citing previous discussions on homeland security issues and anticipated funding from the Federal level, ChiefMcKeen indicated these grant funds filtered down to the local level for the primary purpose of upgrading the plans with an enhanced terrorism component, focusing on an all-hazard approach. The City partnered with the County in this endeavor. After brief discussion, Councilman Campbell moved to authorize the Mayor to sign the Interloeal Agreement between the City of Port Angeles and Kitsap County. The motion was seconded by Councilman Williams and carried unanimously. Selection of Underwriter 4. Selection of Underwriter for Water/Wastewater Revenue Bonds: for Waster/Wastewater Revenue Bonds Finance Director Ziomkowski advised the Council that the City will be financing several Water and Wastewater projects from proceeds from the revenue bonds, which -8- CITY COUNCIL MEETING 5051 October 7, 2003 Selection of Underwriter will be sold at the end of October and repaid over a period of twenty years. The City for Waster/Wastewater used a competitive bid process to seek an underwriter, and four very competitive Revenue Bonds (Cont'd) proposals were submitted. With the most important factor being cost, it is recommended that Seattle Northwest Securities be selected. Director Ziomkowski indicated the City worked very successfully with Seattle Northwest two years ago. It is expected that approval to sell the revenue bonds will be sought at the next meeting. Director Ziomkowski informed the Council that the rating received from Moody's is A3. Brief discussion followed, after which Councilman Williams moved to approve the selection of Seattle Northwest Securities as the underwriter for the financing of the Water/Wastewater Revenue Bonds. Councilman Campbell seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Braun moved to approve the Consent Agenda, to include: 1.) City Council Minutes of September 16, 2003, regular meeting and September 30, 2003 special meeting; 2.) Expenditure Approval List - September 29, 2003 - $1,124,596.07; 3.) Electronic Payments - September 29, 2003 - $276,923.40; 4.) Request for Public Fireworks Display at Port Angeles High School Homecoming; and 5.) Confirmation of Reappointments to Hurricane Ridge Public Development Authority Board of Directors. The motion was seconded by Councilman Williams and, followingbrief discussion, carried 5 - 0, with Mayor Wiggins and Councilmember Erickson abstaining from the vote on the September 30, 2003, City Council minutes due to absence. CITY COUNCIL Due to the lateness of the hour, the Council opted to defer committee reports. COMMITTEE REPORTS & CALENDAR: ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: None. OTHER General Agreement between National Park Service, Lower Elwha Klallam Tribe, and CONSIDERATIONS: City of Port ~4ngeles re. Elwha Dam Project: Agreement between Director Cutler explained that the Memorandum of Understanding, now known as the National Park Service, General Agreement, has been negotiated over a period of three years concerning the Lower Elwha Klallam Elwha River Ecosystem and Fisheries Restoration Act (EREFRA) as it affects the Tribe, and City of Port City's industrial and municipal water supply in terms of quantity and quality. Director Angeles re. Elwha Dam ,, Cutler summarized the many meetings held with the Park Service over the years and, Project since the June/July time frame, the City has received no further comments from the Park Service. Therefore, the document has been prepared for Council approval and forwarding to the Park Service for signature. Councilmember Rogers indicated the dam committee has met on this issue, and it is recommended that the agreement be moved forward in view of the fact it is somewhat behind schedule. Councilman Braun asked for recognition of Daishowa's new name in the text of the agreement. He referenced the clause concerning protection of the municipal and industrial water supply, questioning how this protection will be accomplished. Director Cutler responded there is a technical document that is still in process that accompanies this agreement, setting forth all of the proposed mitigation measures. Councilman Headrick expressed concern with the clause for termination and the possibility that the City could be left without the required mitigation should the agreement be terminated. Director Cutler indicated that one of the requirements is that 5052 CITY COUNCIL MEETING October 7, 2003 OTHER mitigation measures must be in place and operational before the dams can be removed. CONSIDERATIONS: Further, Director Cutler indicated that not all of the funds have been appropriated at (Cont'd) this time, as it is a continuing effort on the part of the Park Service to receive funding from Congress. There is an additional two years of appropriations to be factored in, Agreement between but most of the money for mitigation has already been made available. However, the National Park Service, funding for removal of the dams and restoration of the ecosystem has not yet come Lower Elwha Klallam forward. Attorney Knutson indicated the agreement would be stronger if there were no Tribe, and City of Port termination provision, but ultimately the City's strongest protection is the Elwha Act Angeles re. Elwha Dam itself, which stipulates that the City's water supply must be protected by the Federal Project (Cont' d) Government at the Federal Government' s cost. Nonetheless, the City could remove the termination provision altogether in order to address the concern raised by Councilman Headrick. However, this has not been an issue during negotiations, and it would need to be brought to the attention of the Park Service. Lengthy discussion followed on whether the agreement should be changed. Manager Quinn noted that some of the clauses contained in the agreement are fairly common to federal contracts, and he recommended that the clause be left as presently written. Attorney Knutson cited the language related to the effective date, noting the agreement will terminate as stated. Mayor Wiggins felt it unlikely that the Park Service would terminate the agreement, and it was agreed the City's protection is the Elwha Act. After further discussion, Councilman Williams moved to authorize the Mayor to sign the General Agreement and direct the City Manager to draft a cover letter forwarding the General Agreement for execution. The motion was seconded by Councilmember Rogers and carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: Manager Quinn advised the Council that the report on the Waterfront Trail Fund will be deferred to a future Council meeting. Brief discussion was held, with Director Cutler responding to Mayor Wiggins concerning the Change Order for the Carnegie Library having to do with miscellaneous, catch up items on the building. EXECUTIVE SESSION: None. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. Becky J. U3~oqCity~;r~ - 10-