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HomeMy WebLinkAboutMinutes 10/07/2008 e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PUBLIC CEREMONIES/ PRESENTATIONS: Disability Awareness Month PLEDGE OF ALLEGIANCE: WORK SESSION: Port Angeles Water Treatment Plant Transfer Agreement e 6323 CITY COUNCIL MEETING Port Angeles, Washington October 7, 2008 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:02 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, (via speaker phone) Kidd, Perry, Rogers, and Williams. Members Absent: None. Staff Present: Interim Manager Osterman, Attorney Bloor, Deputy Clerk Hagar, G. Cutler, T. Gallagher, N. West, Y. Ziomkowski, K. Dubuc, C. Delikat, M. Puntenney, T. McCabe, L. Dunbar, D. Dickson, G. Roggenbuck, S. Sperr, B. Smith, D. Maynard, and J. Nutter. Public Present: O. Campbell, P. Gagnon, D. Piling, P. Lamoureux, B. Korby, T. Caldwell, A. Barnard, H. Juskevich, K. Winn, A. Virnoche, P. Gleeson, K. Wahto, P. Tietz, M. Doherty, and S. Epps. All others present in the audience failed to sign the roster. Mayor Braun recognized and welcomed Congressman Norm Dicks; Jon Jarvis, Regional Director of the National Park Service (NPS); Patty Neubacher, Deputy Regional Director of the National Park Service; and Karen Gustin, Superintendent of Olympic National Park. 2. Disability Awareness Month: Mayor Braun, accompanied by Congressman Dicks, read a proclamation recognizing October as Disability Awareness Month. Mayor Braun then deferred to Public Works & Utilities Director Cutler, who introduced Quinn Redlin Kintner and family who accepted the proclamation. Director Cutler and Street and Parks Superintendent Delikat presented Ms. Kintner with a plaque in recognition of her efforts to help the City become more accessible for citizens with disabilities. The Pledge of Allegiance to the Flag was led by Congressman Dicks. Port Angeles Water Treatment Plant Transfer Agreement. Director Cutler recognized the members of the City team that worked on this Agreement, to include Councilmember Rogers, Orville Campbell of the Utility Advisory Committee, former City Manager Madsen, Interim City Manager Osterman, City Attorney Bloor, Deputy Directors of Public Works & Utilities Puntenney and Sperr, and Water Superintendent Klimek. Director Cutler also recognized the participation of the Washington State Department of Health, Bonnie Waybright, Regional Manager; and Teresa Walker and Josef Besovich, Regional Engineers. - 1 - 6?24 CITY COUNCIL MEETING October 7, 2008 WORK SESSION: (Cont'd) Port Angeles Water Treatment Plant Transfer Agreement (Cont'd) Break RESOLUTIONS: Council Rules for Public Comment Director Cutler deferred to Jon Jarvis, Regional Director of the NPS, who began the presentation by introducing his staff members who were present in the audience. Using PowerPoint slides, Mr. Jarvis provided a brief history of this project, gave an overview of the dam removal process, explained why there was a need for a transfer agreement, and announced that the project was on schedule and within budget. - Director Cutler completed the presentation by reviewing the details of the Transfer Agreement, providing information on the Recitals and Statements of Consideration, the construction and completion ofthe Treatment Plant, the effective date ofthe transfer, the amount of compensation, and the warranty and release. Director Cutler stated that, by this agreement, the NPS and the City reaffirm their commitment to restoring the ecosystem and native fish. He presented a slide which demonstrated the potential range map for the seven Elwha salmonids. Councilmember Rogers moved to approve and authorize the Mayor to sign the Port Angeles Water Treatment Plant Transfer Agreement. Councilmember Williams seconded the motion, which carried unanimously. Congressmen Dicks commended all participants, noting this was an outstanding accomplishment. Mayor Braun recognized Bill Laitner, former Superintendent of the National Park Service, who was also active in seeing this project to fruition. Mayor Braun and Regional Director Jarvis, accompanied by Congressman Dicks and various staff members, then signed the agreement, and Deputy Mayor Wharton raised a glass of potable drinking water to toast the fish. Mayor Braun recessed the meeting for a break at 6:57 p.m., inviting those present to enjoy cake and coffee in the lobby in celebration of the signing of the Agreement. The meeting reconvened at 7:16 p.m. 1. Council Rules for Public Comment. Attorney Bloor offered to answer any questions the Council may have regarding this issue. Deputy Mayor Wharton asked for elaboration regarding the Mayor having the right to direct public comment. Attorney Bloor noted the Mayor has the ability to limit and direct public comment and ensure that comments are made in a decorous manner and are . limited to the issues before the City Council. Discussion followed, centering on whether or not the Resolution was necessary, in that the Mayor has the ability to direct and limit public comment. The question also arose as to whether a comment period was necessary, as Community Conversations gives the public ample opportunity to communicate with the Council. Following further discussion, Councilmember Williams moved to eliminate the public comment period from the agenda. The motion failed for lack of a second. Discussion. continued, and it was agreed that public attacks should not be tolerated and that perhaps the rules do not need to be amended. Mayor Braun read aloud the change in language of the Council's Rules of Procedure pertaining to Public Comment as presented in the Resolution. Councilmember Williams moved to pass the Resolution changing the Council's Rules of Procedures as read. Mayor Braun seconded the motion. Councilmember Williams stated his serious concern regarding the language and the fiscal impacts this change could have on the City, as there may be challenges the City would have to fight, which may require outside legal assistance. He indicated he served in the military and fought so that citizens might have the right to speak. However, he is not obligated to listen to abuse, and should anyone come to the podium and begin to abuse any councilmember, he will deny them audience by leaving the room. For this reason, he will vote against his own motion. A vote was taken on the motion with Mayor Braun voting in favor ofthe motion and Councilmembers DiGuilio, Kidd, Perry, Wharton, e - 2 - Council Rules for Public Comment (Cont'd) e PUBLIC COMMENT: Introduction of Deputy Police Chief Brian Smith, New Police Officers and Segway Domestic Violence Awareness Month Communities in Motion Day PUBLIC HEARINGS - OTHER: Solid Waste Rates e CITY COUNCIL MEETING October 7, 2008 6325 and Williams voting in opposition. Councilmember Rogers abstained. The motion, therefore, failed. Krista Winn, 3131 Regent Street, Chair of the Save Our Pool Port Angeles Steering Committee, reviewed the goals of the committee and described the duties of the eight project teams that have been formed. Ms. Winn invited Council to attend the next Save Our Pool meeting scheduled for Friday, October 10, 2008, at 6:30 p.m., in the Vern Burton Community Center. Holly Juskevich, 3002 Oak Crest Loop, Vice Chair of the Save Out Pool Port Angeles Steering Committee, invited the Council to view the Save the Pool website: savethepoolpa.com. She asked the Council to put in writing the requirements for keeping the pool open, including the exact dollar amount needed to keep the pool open. Paul Lamoureux, 602 Whidby, spoke regarding the public comment period, read aloud a letter from Gerald Steel written on behalf of Protect the Peninsula's Future regarding the water treatment plant agreement, and commented on the City's involvement in pouring cement sidewalks in a development. 1. Introduction of Deputy Police Chief Brian Smith, New Police Officers and Segway: Police Chief Gallagher introduced the new Deputy Police Chief, Brian Smith, and his family. Mayor Braun administered the Oath of Office to Deputy Chief Smith, and Deputy ChiefSmith~s daughter, Courtney, presented him with his badge. Chief Gallagher introduced the City's two new Police Officers Dallas Maynard and John Nutter. He then asked Sterling Epps and Alan Barnard to come forward and be recognized for their efforts in obtaining the Segway. Officer Duane Benedict rode the Segway into the Chambers and gave a brief demonstration of its use. Chief Gallagher then noted and thanked the local agencies and individuals who donated so generously to the Segway. 3. Domestic Violence Awareness Month: Mayor Braun read a proclamation recognizing October as Domestic Violence Awareness Month. The proclamation was accepted by Rebecca Korby, Executive Director of Healthy Families. 4. Communities in Motion Day: Mayor Braun read a proclamation recognizing October 13, 2008, as Communities in Motion Day. The proclamation was accepted by Terry Weed, General Manager of Clallam Transit. 1. Solid Waste Rates: Director Cutler introduced Angie Sanchez from FCS Group, who performed the cost of service study for the solid waste utility rates. Using PowerPoint slides, Ms. Sanchez provided a review of the study process for the Solid Waste Transfer Station rates, provided background on the transfer station and explained what the revenue requirements were and the causes for the increased expenses. Ms. Sanchez described the revenue requirement findings, reviewed the current and proposed rates per ton, and described the necessity of post-closure reserves. Ms. Sanchez then reviewed the cost of service study performed on Solid Waste Collections, again noting the revenue requirements, allocation factors, and present and proposed rates. Ms. Sanchez concluded by stating, overall, a 10.5% increase is proposed - 3 - 6326 CITY COUNCIL MEETING October 7, 2008 Solid Waste Rates (Cont'd) Electric Rates Community Development Block Grant (CDBG) - Grant Application Break for 2009 Transfer Station rates and a 0.56% increase is proposed for collection rates. Ms. Sanchez and staff responded to questions posed by the Council, after which Mayor _ Braun opened the public hearing at 8:57 p.m. . Paul Lamoureux, 602 Whidby, spoke in support ofthe measures and thanked Council for the grace period which allows residents to change their garbage pick up without penalty.. At 8:59 p.m., the public hearing was continued to the meeting of October 21,2008. 2. Electric Rates: Deputy Director of Power Systems Dunbar used PowerPoint slides to give a presentation ofthe electric rate study. He was pleased to note that no rate increase is proposed for the electric utility; however, a 25% electrical work fee increase is recommended. Deputy Director Dunbar reviewed the 2009 capital facility projects and demonstrated the 2009 revenue requirements without rate adjustments, noting there will be an increase in reserves without a rate increase Mayor Braun opened the public hearing at 9: 17 p.m. Paul Lamoureux, 602 Whidby, asked if it would be wiser to ask for a small increase this year to help future reserves. There was no further testimony, and the public hearing was continued at 9:19 p.m. Discussion followed, and Councilmember Williams felt a flat 3% continuing increase would keep pace with inflation and prevent a large rate increase later. There was no further discussion. The public hearing was continued to October 21,2008. 3. Community Development Block Grant (CDBG) - Grant Application: Director of Community and Economic Development West stated the City has utilized CDBG funds over the years for a variety ofprojects that support affordable housing. At this time, Council is asked to conduct a public hearing in support of an application for a CDBG General Purpose Grant in the amount of$l million to help pay part of the cost of infrastructure improvements for a residential development. Director West stated Pam Tietz of the Housing Authority was present to give a brief presentation on the proposal, and noted that tonight's discussion should focus solely on the grant application, as a public hearing on infrastructure improvements will take place at a later date. Mayor Braun opened the public hearing at 9:22 p.m. Pam Tietz, Executive Director of the Housing Authority, 2603 S. Francis Street, stated that in conjunction with Habitat for Humanity, a proposal has been drafted which will allow for the development of 14 single family lots for Habitat for Humanities, and a 28- unit apartment building to provide supportive housing for the chronically homeless for Serenity House. This grant, in the amount of $1 million, will help with infrastructure costs, which will benefit the entire community. There was no further testimony and the public hearing was continued to October 21, 2008. Mayor Braun recessed the meeting for a break at 9:28 p.m. The meeting reconvened at 9:35 p.m. It - 4- ORDINANCES NOT REQUIRING PUBLIC HEARINGS: e Port Angeles Municipal Code / Title 17 - Site Coverage Ordinance No. 3343 LATE ITEMS: OTHER CONSIDERA nONS: Department of Ecology Dioxin Study Property Access Request Surplus City Property - Real Estate /105, 107, and 111 E. Front Street and 110 E. Railroad Avenue e CITY COUNCIL MEETING October 7, 2008 6327 1. Port Angeles Municipal Code / Title 17 - Site Coverage: Director West provided a brief review of the information presented at the last Council meeting, noting that action was continued to this evening. He asked that the effective date of the Ordinance be deferred to January 1, 2009, to allow staff and the development community time to make adjustments Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3343 AN ORDINANCE of the City of Port Angeles, Washington, revising Title 17 of the Port Angeles Municipal code relating to Zoning. Councilmember Rogers moved to adopt the Ordinance as read by title. Deputy Mayor Wharton seconded the motion, which carried unanimously. None. 1. Dept. of Ecology Dioxin Study Property Access Request: Director West reviewed the background of this issue, advising the Council that the number of City-owned properties to be accessed for sampling had been reduced from 17 to five sites, three of which are located in the Fine Arts Center's sculpture park. The Department of Ecology had hoped to take 100 soil samples all told in Port Angeles, but only 78 sites were sampled. Should the Council vote to allow the sampling, the total number of sites sampled would be increased by three. Discussion followed, with Council stressing the need for the DOE to be aware of the fact that the soil on the Francis Street property is primarily fill dirt and not native soil. Also, Councilmember Williams voiced the concerns ofthe real estate community regarding the results of the study. He asked that a letter be sent by the City to the DOE, asking them to interface with the real estate community, the Department of Licensing, and with the Legislature that has directed that real property disclosure statements be provided for both improved and unimproved property and to modify and mitigate the specific questions on ... t!Jose disclosure statements. Following further discussion and clarification, Councilmember Rogers moved to authorize the City Manager to approve requests and grant access to collect surface soil samples on the City parcels as identified and 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 occur as a result of their activities on the parcels. Councilmember Perry seconded the motion, which carried unanimously. 2. Surplus City Property - Real Estate / 1 05, 107, and 111 E. Front Street and 110 E. Railroad A venue: Director West reminded the Council that, at its meeting of July 29, 2008, the Real Estate Committee unanimously recommended this property be declared surplus and a public hearing be set. Council asked to postpone final action to allow time to obtain further information regarding the property. He hoped that the information provided by staff will now allow the Council to make a decision on whether or not to surplus this property. Council member Rogers moved to concur with the recommendation of the Real Estate Subcommittee and declare the property surplus. Councilmember Williams seconded the motion. Discussion followed, and it was noted that by surplussing the property, it was possible that a public or private entity would be interested in obtaining - 5 - 6328 CITY COUNCIL MEETING October 7, 2008 Surplus City Property (Cont'd) CONSENT AGENDA: Extend Meeting Beyond 10:00 p.m. CITY COUNCIL COMMITTEE REPORTS: INFORMATION: ADJOURNMENT: it and perhaps preserving it for its historical significance. A vote was taken on the motion, which carried unanimously. Councilmember Perry moved to add the Finance items to the Consent Agenda. e Councilmember Rogers seconded the motion, which carried unanimously. Councilmember Rogers moved to accept the Consent Agenda, to include: 1.) City Council Regular Meeting Minutes of September 16, 2008, Special Meeting Minutes of. September 24 and 29, 2008; 2.) Expenditure Approval List from 9/6/08 to 9/26/08 for $3,904,061.91; 3.) Surplus Landfill Equipment; and 4.) Interagency Agreement with Washington State Patrol; 5.) Landfill Post Closure Professional Services Agreement.; 6.) Material Purchase: Wood Power Poles; 7.) Material Purchase: Fiberglass Power Poles; 8.) Elwha Power Line Relocation Project; and 9.) Rook Drive Sidewalk, Project 08-01. Deputy Mayor Wharton seconded the motion. Brief discussion ensued, with staff responding to questions posed by Council. Also, Director Cutler announced that Item 5, Landfill Post Closure Professional Services Agreement, needed to be amended. The amount should be changed from $115,500 to $64,500, and the micro algae survey should be eliminated. A vote was taken on the motion, which carried unanimously. A motion was made by Councilmember Williams to extend the meeting past 10:00 p.m. Councilmember Rogers seconded the motion, which carried unanimously. None. Director Cutler informed the Council there had been a power outage at the hospital due to some work that was being done. He also announced that the 8th Street Bridges Replacement Project placed No.8 in the Roads & Bridges Magazine 2008 Top 10 Bridges List. The meeting was adjourned at 10:10 p.m. Lf J;J~ y~ Gary Braun, ayor Ao{l~a~ Becky J. U , Cl Clerk e - 6-