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HomeMy WebLinkAboutMinutes 12/04/2007 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Responsible Bidder Ordinance Ordinance No. 3309 e 6174 CITY COUNCIL MEETING Port Angeles, Washington December 4, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:09 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Di Guilio, Munro, Perry, and Wharton. At this time, Mayor Rogers welcomed the new members to the Council. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, Deputy Clerk Hagar, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, T. Pierce, N. West, S. Roberds, and 1. Seniuk. Public Present: P. McCarty, A. Donnelly, B. Bauman, P. Lamoureux, C. Kidd, S. Buck, and M. Doherty. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmembers Di Guilio and Perry. None. None. Manager Madsen requested discussion of a Mutual Aid Agreement with Grays Harbor Public Utility District, which was added as Item 1. under Other Considerations. Mayor Rogers announced the pass!ng of Harry Lydiard, noted some of his many contributions to the community, and honored his memory with a moment of silence. 1. Responsible Bidder Ordinance: Attorney Bloor reminded the Council that this Ordinance was necessary, as the State Legislature amended the criteria for a "responsible bidder" for public works projects. Mayor Rogers conducted a second reading of the Ordinance by title, entitled ORDINANCE NO. 33.09 AN ORDINANCE of the City ofPort Angeles, Washington, amending Ordinance No. 3264, as amended, and Chapter 3.05 of the Port Angeles Municipal Code to amend the requirements for the lowest responsible bidder and to comply with recent changes to RCW 39.04. - 1 - 6175 CITY COUNCIL MEETING December 4, 2007 Responsible Bidder Ordinance (Cont'd) Ordinance No. 3309 Development Fees Ordinance RESOLUTIONS: OTHER CONSIDERATIONS: Mutual Aid Agreement with Grays Harbor PUD FINANCE: Mobile Air Vehicle Councilmember Wharton moved to adopt the Ordinance as read by title. Councilmember Braun seconded the motion. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously~ e 2. Development Fees Ordinance: Public Works & Utilities Director Cutler stated this Ordinance allows for a more accurate reflection of the cost of doing business, establishes fees for engineer review of plans involving streets and utility improvements, and clarifies when additional permit reviews will necessitate charging additional fees. He noted that permits will not be issued until all fees are current. Director Cutler noted he will be speaking to the City Attorney to make minor clarifications to the Ordinance, which will be available to the Council at the next reading. . Director Cutler then responded to questions and provided clarification. Mayor Rogers conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, amending Chapter 3.70 of the Port Angeles Municipal Code relating to fees. None. 1. Mutual Aid Agreement with Grays Harbor PUD: Director Cutler noted the Western Washington area has been hit particularly hard by storms, but Port Angeles was fortunate to have only minor flooding and no problems with electrical service. Grays Harbor was less fortunate and is asking Port Angeles for the assistance of a four-man crew for one week. He informed the Council that the City would be reimbursed by Grays Harbor PUD for any costs, labor, equipment, etc. Currently, there is no mutual aid agreement with Grays Harbor PUD; therefore, this is being presented to Council this evening. Director Cutler stated staff is also looking into mutual aid agreements with other PUDs, in the event of a local emergency. Deputy Mayor Williams moved to authorize the City Manager to sign a Mutual Aid Agreement between the City of Port Angeles and Grays Harbor PUD to provide them support for the past weekend's storm event. Councilmember Wharton seconded the motion, and after brief clarification, a vote was taken on the motion, which carried unanimously. At Mayor Rogers' request, Fire Chief McKeen provided a brief update on the activation of the Emergency Operations Center due to the flood watch on the Lower Elwha River. Director Cutler stated that from a Public Work's perspective, the City's biggest concern during the storm was the Ranney well; a crew was dispatched to sandbag the control building. Mayor Rogers then opened the floor for public comment. Paul Lamoureux, 602 Whidby, asked the Council to have empathy for the contractors that may not meet deadlines and may have cost overruns due to the extreme weather. 1. Mobile Air Vehicle: Chief McKeen stated two bids had been received, both of which exceeded the amount budgeted for this equipment. Staffhas consulted with other manufacturers and concluded it is possible to meet the amount budgeted if minor specification modifications are made. He asked the Council to reject the bids received under the original bid process and authorize the Fire Department to re-advertise. e - 2 - Mobile Air Vehicle (Cont'd) e Eastern UGA Sewer Interceptor, Project 5-30, Change Order No.2 Break PUBLIC HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS - OTHER: 2008 Budget Ordinance No. 3310 Conservation Fund Ordinance No. 3311 Telephone Tax Ordinance No. 3312 e CITY COUNCIL MEETING December 4, 2007 6176 Councilmember Munro moved to reject bids received under the original bid process and authorize the Fire Department to re-advertise for a new Mobile Breathing Air Vehicle. Councilmember Wharton seconded the motion, which carried unanimously. 2. Eastern UGA Sewer Interceptor, Project 5-30, Change Order No.2: Director Cutler reviewed the breakdown of the Change Order, which included an amount not to exceed $200,000 for unanticipated work due to soil conditions. To date, approximately $102,000 in costs have been mutually agreed upon for this. Mayor Rogers asked ifthe County supported this change order. Deputy Director of Engineering Services Sperr stated discussion had been held with Jim Jones, and the County is satisfied as long as the proj ect remains within budget. Councilmember Munro asked that staff work harder with the contracts to stay within the agreed upon amounts. Council was informed that staff will be meeting with Mr. Wolverton of Brown & Caldwell regarding this issue, and a strong message has been sent to them regarding change orders. Discussion ensued, with the Council stressing the importance of contracts being met without the addition of change orders. Deputy Mayor Williams moved to approve the itemized recommendations pertinent to Change Order No.2 to the contract with Primo Construction, Inc., for the EUGA Sewer Interceptor Project 05-30, in the amount of $382,537.74, including tax, thereby reducing the amount recommended for unanticipated work from $200,000 to $102,000, on the condition that the County Commissioners be informed and given the opportunity to object. Councilmember Munro seconded the motion. Following further discussion, a vote was taken on the motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 7:14 p.m. The meeting reconvened at 7:29 p.m. None. 1. 2008 Budget With the use of Power Point slides, Finance Director Ziomkowski gave a brief recap of the amendments to the 2007 budget and restated the 2008 final budget. Councilmember Di Guilio announced that a small portion of the budget goes to low income housing rehabilitation and most likely will go to the agency where he is employed. Councilmember Perry noted the budget document can be easily read and understood, and he lauded the staff for its efforts. Mayor Rogers reopened the public hearing at 7:36 p.m. Mike Doherty, 617 S. B Street, Clallam County Commissioner, welcomed the new Councilmembers, thanked Chief McKeen for assisting with emergency planning during the winter storm, and invited the Council to a meeting at 11 a.m., Wednesday, December 5th, on greenhouse gas footprint and strategy development. Mr. Doherty referred to the 2008 Budget, asking for the Council's consideration of preserving at least the facade of the old Fire House and consideration of remaining a full partner with the Economic Development Council (EDe). Mr. Doherty asked about repayment of the loan on the Business Incubator, as well as the use offlmds from the Tse- Whit-Zen Village settlement. Paul Lamoureux, 602 Whidby, complimented staff, especially Director Ziomkowski, on the budget document. There being no further public testimony, Mayor Rogers closed the public hearing at 7:44 p.m. - 3 - 6177 CITY COUNCIlJ MEETING December 4, 2007 PUBLIC HEARINGS - OTHER: (Cont'd) 2008 Budget Ordinance No. 3310 Conser.vation Fund Ordinance No. 3311 Telephone Tax Ordinance No. 3312 In response to questions posed regarding the budget, Mayor Rogers noted the EDC will be partially funded until discussions are completed. Regarding the Business Incubator, Mayor Rogers stated there is a contract for economic development services for the Incubator. The Incubator has a Board of Directors, which oversees the financial commitment. The loan referred to by Commissioner Doherty is paid for by the Clallam Business Incubator, not by the City directly. Finances are in place for compliance with loan payments. e Regarding the Tse- Whit-Zen Village settlement money, Manager Madsen stated it has been proposed that the money earn interest the first half of the year. At Council's direction, money has been set aside to ensure the completion of the Gateway Project. Also, the City has been asked to take the lead in making sure there are adequate resources to take on the large project of redefining the waterfront and harbor, including clean up of the Rayonier site. He stated he has been directed by the City Council to rest:rve settlement money toward this project. Mayor Rogers reminded the Council that the settlement money can only be used for capital projects. Mayor Rogers conducted a second reading of the Budget Ordinance by title, entitled ORDINANCE NO. 3310 AN ORDINANCE of the City ofPort Angeles, Washington, amending the 2007 budget, adopting the 2008 budget for the fiscal year ending December 31, 2008, and providing for a cost of living increase for certain city employees. Deputy Mayor Williams moved to adopt the Ordinance as read by title. Councilmember Munro seconded the motion, which carried unanimously. Mayor Rogers conducted a second reading ofthe Conservation Fund Ordinance by title, entitled ORDINANCE NO. 3311 AN ORDINANCE of the City ofPort Angeles, Washington, establishing a conservation fund for the administration of funds used in the conservation programs which may be authorized by the City Council, and creating a new Chapter 3.25 of the Port Angeles Municipal Code. Deputy Mayor Williams moved to adopt the Ordinance as read by title. Councilmember Munro seconded the motion, which carried unanimously. Mayor Rogers conducted a second reading of the Telephone Tax Ordinance by title, entitled ORDINANCE NO. .2l!L AN ORDINANCE of the City ofPort Angeles, Washington, revising taxes levied by amending Chapter 5.80 of the Port Angeles Municipal Code. Councilmember Braun moved to adopt the Ordinance as read by title. Councilmember Wharton seconded the motion. Councilmember Munro announced he would not support the tax increase. A vote was taken on the motion, which carried by a vote of 6-1, with Councilmember Munro voting in opposition. Mayor Rogers thanked Council and staff for its efforts on achieving a balanced budget. e - 4 - CONSENT AGENDA: e INFORMATION: ADJOURNMENT: e CITY COUNCIL MEETING December 4, 2007 6178 Councilmember Munro moved to accept the Consent Agenda, to include: 1.) City Council Minutes dated November 20 and 25; and 2.) Expenditure Approval List from 11/10 to 11/23/2007 for $2,645,671.21. Councilmember Braun seconded the motion, which carried unanimously. Manager Madsen said there will be a Special City Council meeting on Friday, December 141\ 9:00 a.m. - 1:00 p.m. He asked Councilmember-elect Kidd to also attend this meeting, as it will be an orientation session for new members. No action will be taken at this meeting. Manager Madsen then noted that the first Council meeting in 2008 would need to be rescheduled, as it falls on a Holiday. As the new Mayor and Deputy Mayor are elected at this meeting, it was felt that a time should be chosen when all Councilmembers are available to attend. Discussion followed, with various Councilmembers noting schedule conflicts for various suggested dates. The first date available to all is January 15th, which is also the date for the second regular Council meeting. Therefore, there will be only one meeting in January. It was further agreed that committee assignments would remain as they are as well, with altemates filling in as necessary. New assignments will be issued at the regular meeting in January following the election of the Mayor and Deputy Mayor. Further discussion ensued, and it was noted that a Special Council meeting could be held in the event an item or project needs to be acted upon prior to the meeting of the 15th. Therefore, Deputy Mayor Williams moved to amend the normal procedures to elect the Mayor and Deputy Mayor at what will now be considered the first regular Council meeting of January 2008. Councilmember Perry seconded the motion. After further clarification, a vote was taken on the motion, which carried unanimously. The administration of the Oath of Office for new Councilmembers will be held on January 2nd, and the first regular Council meeting will be held January 15th. Director Cutler announced the Peninsula Intemational Relations Association (PIRA) is sponsoring a no-host dinner at Bella Italia on Tuesday, January 6,2008, which will be attended by several students and teachers from Mutsu City, Japan. All Councilmembers are invited and those wishing to attend should notify either him or Teresa Pierce. Manager Madsen stated the e-mail addresses for new .Councilmembers are now active. If help is needed, contact Teresa Pierce in the City Manager's office. The meeting was adjoumed at 8:10 p.m. - 5 -