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HomeMy WebLinkAboutMinutes 10/09/2007 e CALL TO ORDER- SPECIAL MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: FINANCE: Purchase and Sale Agreement of City Property EXECUTIVE SESSION: e RETURN TO OPEN SESSION: 6141 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington October 9, 2007 Mayor Rogers called the special meeting of the Port Angeles City Council to order at 6:05 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Headrick, Munro, Petersen, and Wharton [arrived at 6:07 p.m.]. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler [via long distance], T. Gallagher, D. McKeen, Y. Ziomkowski, S. Sperr, N. West, and S. Roberds. Public Present: D. Perry, P. Lamoureux, and C. Kidd. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Petersen. 1. Purchase and Sale Agreement of City Property: Councilmember Wharton departed the Council Chambers at 6:08 p.m. due to a conflict of interest, after which Manager Madsen presented a draft Purchase and Sale Agreement between the City and Cherry Hill Associates for the purchase of the Light Operations building. He discussed the declaration of the property as surplus, the issuance of an RFP, and the one response submitted by Cherry Hill Associates, offering $775,000. Manager Madsen noted the differing positions held by the City and the Associates, primarily related to parking. He summarized the parking issues and indicated a parking alternative relates to a public hearing set for the possible vacation of a portion of Cherry Street from the alley north to Front Street. Manager Madsen emphasized the proposed street vacation is a separate action, and the Purchase and Sale Agreement contains a contingency related to the finalization of the proposed street vacation. Discussion followed, and Deputy Mayor Williams provided input from the Real Estate Committee, explaining his perception of the issues at hand. Mayor Rogers announced the need for an Executive Session for approximately 15 minutes under the authority of RCW 42.30.110(1)( c), real estate, indicating that action may follow. The Executive Session convened at 6:15 p.m., and at 6:30 p.m., the Executive Session was extended for an additional 15 minutes by announcement of the Mayor. The Executive Session concluded at 6:45 p.m., and the Council convened in regular open session. - 1 - 6142 CITY COUNCIL SPECIAL MEETING October 9, 2007 FINANCE: (Cont'd) Purchase and Sale Agreement of City Property (Cont'd) Lease Agreement with Port of Port Angeles - Light Operations Interim Facility Break Waste Connections Washington Incorporated Settlement Agreement I. Purchase and Sale Agreement of City Property: (Cont'd) Attorney Bloor addressed one of the contingencies in the Purchase and Sale Agreement having to. do with the vacation of Cherry Street. The City Council had set a public hearing on the vacation, and Attorney Bloor emphasized that no action taken tonight could have any impact on whether Cherry Street is vacated or not. That decision is only made after the public hearing, and likewise, the Council cannot make any decision on the value of the property if Cherry Street is vacated. That, too, must come after the public hearing. e Deputy Mayor Williams moved to direct staff to initiate a proper Purchase and Sale Agreement with the prospective buyers at the purchase price discussed in negotiations, and that the offer be limited to Lots 8, 9, and 10, Block 14. The motion was seconded by Councilmember Headrick. Deputy Mayor Williams clarified that the City Manager has authority to initiate the negotiations and sign a Purchase and Sale Agreement for the Council. Following brief discussion, a vote was taken on the motion, which carried unanimously. 2. Lease Agreement with Port of Port Angeles - Light Operations Interim Facility: Attorney Bloor presented the proposed lease agreement with the Port of Port Angeles for the Light Operations interim facility. He indicated the lease has gone through a series of . negotiations, and he felt the details were worked out in accordance with the parameters set by the City Council. The initial term of the Agreement is for six months, with three successive five-year options for renewal. The lease includes a provision for improvements to be made by the Port. Discussion followed, and Attorney Bloor provided clarification on the timing of executing the lease. In response to an inquiry from Councilmember Munro, Bob McChesney, Executive Director of the Port of Port Angeles, 93 Jesslyn, Sequim, approached the podium and assured the Council that the Port was quite willing to wait for an executed lease in view of negotiations on the Purchase and Sale Agreement. He indicated the Port is attempting to be as accommodating as possible, and they are quite willing to work with the City's time line. Following discussion, Deputy Mayor Williams moved to authorize the Mayor to execute the Lease Agreement with the Port of Port Angeles upon the mutual acceptance of a Purchase and Sale Agreement for the existing Light Operations building. The motion was seconded by Councilmember Braun. Further discussion followed, with Manager Madsen providing clarification on the agreement, as well as the amount of the lease payments. He engaged Director Cutler in providing input related to the timing of getting improvements completed before the winter season. Director Cutler felt that, if work can be accomplished in a reasonable time, the City can work within the parameters of the budget for the project. Some of the Councilmembers wanted an opportunity to review the proposed lease agreement in detail, so Mayor Rogers recessed the meeting for a break at 7:07 p.m. The meeting reconvened at 7: 17 p.m. Following brief discussion, a vote was taken on the motion, which carried unanimously. Councilmember Wharton returned to the Chambers at 7:20 p.m. 3. Waste Connections Washington Incorporated Settlement Agreement: Manager Madsen removed this item from the agenda. e - 2 - e Roadway Repairs to Pine Street Cutoff Resolution No. 18-07 . '\ .'~ Change Order NO.4- Landfill Slope Stabilization Project 02-21 e CITY COUNCIL SPECIAL MEETING 6143 October 9,2007 4. Roadway Repairs to Pine Street Cutoff: City Engineer Sperr informed the Council that, as a result of increased traffic generated by the 8'h Street Bridge project on the Pine Street Extension at Highway 101, the pavement has begun to show severe signs of deterioration. It is necessary to make immediate repairs before the roadway further deteriorates and the weather causes the closure of the local asphalt plant. He emphasized the work should be accomplished as soon as possible. In order to accept a quote from one vendor, Lakeside Industries, a Resolution declaring a state of emergency must be passed by the Council. Manager Madsen indicated he had toured the area with the City's Traffic Engineer, and he felt this is an emergency in light of upcoming wet weather that may result in further break-up of the asphalt. Engineer Sperr indicated the work would be accomplished on a weekend so as to avoid heavy traffic during the week. In the discussion that followed, Deputy Mayor Williams felt the $50,000 maximum set for the work may not be sufficient, and he suggested the figure be increased to $75,000. ., Additionally, because of the area's close proximity to the Wellman trail head, he inquired as to whether the aprons on the roadway margin could be expanded on Highway 101 in order to finish the link to the trail. Manager Madsen indicated there was a possibility that his request could be modestly fulfilled, but to address the trail head is beyond the scope of the project and declaration of an emergency. Discussion followed on other roadway impacts that may be expected because of increased traffic on other detour routes; Manager Madsen assured the Council that those areas are being closely monitored. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 18-07 ARESOLUTION of the City Council of the City ofPort Angeles, Washington, declaring a state of emergency and authorizing the exercise of emergency powers for repair of the Pine Street Extension. Councilmember Braun moved to pass the Resolution as read by title and to award and authorize the Mayor to sign a contract with Lakeside Industries for Pine Street Extension and US 101 pavement repairs in an amount not to exceed $50,000. The motion was seconded by Councilmember Wharton. Deputy Mayor Williams reiterated his suggestion that the cap be r(iised to $75,000. Councilmember Braun amended the motion to increase the not to. exceed figure. to $75,000, which was agreed to by Councilmember Wharton, as seconder of the motion. A vote was taken on the motion, which carried unanimously. 5. Change Order No.4 - Landfill Slope Stabilization, Project 02-21: City Engineer Sperr provided a summary of Change Order No.4, related to the need to reduce the width of the roadway that was constructed as part of the stormwater project. The roadway was built to allow truck traffic to access the beach, and it has also been used for the Landfill Slope Stabilization Project. Because it impedes the flow in Dry Creek, the width needed to be reduced in keeping with requirements of the Washington State Department of Fish & Wildlife. Engineer Sperr indicated the current contractor could complete the work. Manager Madsen added this would be accomplished at the request of the City, not the contractor. This was not includeci in the original specifications for the project, as the City did not know the extent of the work at the time. Following brief discussion, Councilmember Munro moved to approve Change Order No.4 to the contract with Glacier Construction. Services, Inc., for the Port Angeles Landfill Slope Stabilization, Project 02-21, in the amount of $16,953.76, including sales tax, for a total contract amount of $2,560,032.34. The motion was seconded by Councilmember Headrick and carried unanimously. - 3 - 6144 CITY COUNCIL SPECIAL MEETING October 9, 2007 Change Order No.4- Landfill Slope Stabilization Project 02-21 (Cont'd) Break WORK SESSION: 2008 Budget ADJOURNMENT: At Manager Madsen's request, City Engineer Sperr provided a status report on the discovery of petroleum at the site of the Landfill Slope Stabilization Project. Engineer Sperr showed pictures of the site and provided a brief update on containment. Appropriate notifications were sent to the Department of Ecology, as well as the Department of Fish & Wildlife. Mitigation efforts are underway. e Mayor Rogers recessed the meeting for a break at 7:47 p.m. The meeting reconvened at 8:00 p.m. 1. . 2008 Budget: The Council and staff discussed various aspects of the 2008 Budget and evaluated the supplemental requests submitted by the departments. The meeting was adjourned at 9:30 p.m. - 4 - e