Loading...
HomeMy WebLinkAboutMinutes 12/16/2004 5497 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington December 16, 2004 CALL TO ORDER - Mayor Headrick called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 3:07 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Acting Manager Bloor, Clerk Upton, B. Collins, M. Connelly, G. Cutler, T. Riepe, T. Gallagher, S. Johns, S. McLain, M. Puntenney, and B. Knight. Public Present: R. Daignault, I. Cunningharn, D. Pilling, T. Taipale, M. Stmnk, K. Edgington, R. Sommers, T. Ahlgren, S. Noone, D. Fous, L. Schromen-Wawrin, L. Dorsey, S. Woods, R. Lundahl, C. Brown, D. Brennan, A. Olson-Bick, and T. Jennings. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Acting Manager Bloor. ALLEGIANCE: WORK SESSION: Status of Washington State Department of Transportation (WSDOT) Hood Canal Bridge Project: Status of Washington State Department of Councilmember Rogers requested a moment of silence in honor of the Lower Elwha Transportation (WSDOT) Tribe and the remains found at the site of the graving yard. Hood Canal Bridge Project Acting Manager Bloor informed the Council that this special meeting had been called to discuss the Hood Canal Bridge project and the associated graving yard in Port Angeles. Noting that the City had obtained most of its information from the newspaper, it was desirous to obtain factual information with a complete picture of how the project got to where it is today, where it might be going in the future, as well as future avenues that may be pursued. He added that Randall Hain, Regional Administrator for the Department of Transportation, will later be available to the Council via conference call, and he will be joined by John Conrad, an Assistant Secretary for the Department of Transportation. Acting Manager Bloor indicated that a videotape of the staff presentation made yesterday to the Transportation Commission is available for Council's review, but it is intended to only show those portions that may provide information most critical to the Council. Copies of the PowerPoint presentation submitted by the DOT staff to the Commission have also been made available to the Council, and those slides will be shown to the Council simultaneous to the viewing of the videotape. Mayor Headrick advised the audience that he expected this to be the first of many meetings held on the topic, and it wasn't expected that a conclusion would be reached at today's meeting. This is just the first step in gathering information so the Council -1- 5498 CITY COUNCIL SPECIAL MEETING December 16, 2004 WORK SESSION: can be well informed on the issues and possible solutions in order to make a (Cont'd) recommendation in the future. He indicated the Council would not be taking public comment at this particular meeting. Status of Washington State Department of Public Works & Utilities Director Cutler introduced the taped proceedings from the Transportation (WSDOT) meeting held by the Washington State Transportation Commission, reviewing in detail Hood Canal Bridge Project the subject matter of the DOT staffPowerPoint presentation on the Hood Canal project, (Cont'd) to include the construction program, site evaluation and selection for the pontoon and anchor fabrication, and the cultural and historic resources and Tribal consultation for the Port Angeles site. The presentation also summarized the construction plan, early construction activities, and the ultimate discovery of Lower Elwha remains. The next portion of the presentation summarized the monitoring activities thatwere instituted, the government to government consultation with the Tribe as set forth in the provision of the National Historical Preservation Act, the subsequent archaeological work that took place, and the recent request of the Tribe to terminate all work on the site. The presentation then addressed different options that could be pursued by the State. The Council viewed this portion of the taped proceedings, along with the associated PowerPoint slides. Break Mayor Headrick recessed the meeting for a break at 4:27 p.m. The meeting reconvened at 4:40 p.m. Councilmember Pittis inquired of Mr. Hain as to what review the DOT had undertaken as to activities that must be pursued if the State were to abandon the site. Mr. Hain indicated it is premature to make such determinations, but a list has been prepared itemizing tasks that may need to be completed. Mayor Headrick asked about the extent to which the site had been excavated, as it has been reported there isn't much left to do. Further, how close is the project to the intended grade in order to proceed to putting the floor into the graving yard? Mr. Hain first responded from the archeological contract perspective in that the State is nearing completion by having recovered enough data to meet the needs of the archeological contract. The second perspective related to the building of the graving dock itself, and the project is far from being complete. Mr. Hain further described the slides that indicate the status of certain components of construction work, and 70 - 75% of the sheet piles are in, with 25% of the upper concrete floor finished. However, in considering the individual work items and bundling them to determine what percentage of the total dock is complete, it can be estimated there is 20% completion. He described in detail the excavation of the upper dock as relates to the lower dock. Mayor Headrick asked, in terms of archeological discoveries, how much would be located in the area of the lower dock. Mr. Hain indicated that, from an archeological perspective, the standard practice in this setting is to not take out all of the possible artifacts and data. The typical effort is to get to the percentage that provides sufficient information for the archeological history and report that is written about the site. In the archeological contract in the site treatment plan, the target was to recover 5 - 6% of the total artifacts, which is where contract completion is being reached. Almost all of the data needed to final the report and meet the requirements of the contract has been obtained. Mr. Hain addressed the matter of human remains that have been removed in that the State is within the excavation limits of the upper graving dock but, because they have barely started excavation of the lower dock, they have yet to remove potential burials at the lower channel. Mayor Headrick asked if it was accurate that the State intended to remove only those remains that existed to the level that was to be constructed. Mr. Hain affirmed that fact as part of the agreement from the beginning, adding that there has been a question from the Department's perspective and the Tribe's perspective as to whether there was a responsibility to remove all possible or only those remains within the excavation prism. A dispute resolution process was entered into, and the Federal Highway Administration -2- CITY COUNCIL SPECIAL MEETING 5499 December 16, 2004 WORK SESSION: was designated as the party to make the f'mal determination. The Administration ruled (Cont'd) that the agreement, consistent with the MOA and the Site Treatment Plan, established the responsibility to take out the human remains within the limits of the excavation box. Status of Washington State The Mayor asked for Mr. Hain's understanding as to the current expectation to go Department of beyond the levels of the normal construction dig in terms of the excavation depth. Mr. Transportation (WSDOT) Hain indicated that, when various options were presented tothe Tribe, the consistent Hood Canal Bridge Project response received was that the Tribe wanted a guarantee that no human remains would (Cont'd) be left behind. Further, based on current findings at the site, Mr. Hain indicated that human remains have been found at just about the water table elevation or a foot or two below that elevation. To get to that level from the upper floor, an additional 3 - 5 feet wouldbe subject to excavation. Before any further burials could be removed from that elevation, a dewatering process would need to be instituted, something that was described in detail by Mr. Hain. Councilmember Munro inquired as to whether there was any possibility of having a smaller graving dock in order to not disrupt as much of the site, and Mr. Hain responded there are alternates that could be considered some of which utilize portions of existing docks. In addition, the State has looked at other locations for building the pontoons. He detailed certain options that could be considered, all of which would be subject to agreement by the Tribe in order to proceed. Councilmember Munro then asked if the Tribe indicated their concern was with human remains in the existing plan for excavation but there was no concern with what was below, could the project proceed fairly simply. Mr. Hain stated this is what was agreed to this past March. CouncilmemberWilliams noted that Frances Charles, Tribal Chair, had just entered the Council Chambers. He then shared that he had visited the site early on in the project. Knowing the impact the visit had on him, he asked ifa trauma team had been assigned to this to aid the workers at the site, and Mr. Hain was not aware of any such team instituted by the Department. There has been quite an effort from a spiritual perspective on the part of the Tribe to help with the trauma. Councilmember Williams urged further consideration on the part of the Department of Transportation to seek assistance fromprofessionals. In the presentation, Councilmember Williams noted that when remains are encountered, it takes about 5 days to deal with the discovery. Mr. Hain indicated 2 - 5 days are spent on the remains, depending on the complexity of the remains and other factors. Councilmember Williams referenced additional work that may take place as relates to that time factor, noting an additional work force may need to be added. He asked about expanding the parameters of the box, urging the State to give that possibility further thought as it may have a positive impact. Councilmember Erickson understood there was a possibility that the DOT could work on the deep channel immediately and then work out the dewatering process simultaneously. Mr. Hain indicated that localized dewatering could be accomplished, but from the perspective of the'deep channel it is on the critical path in the construction of the graving dock itself. Nothing would have to change to proceed on the deep channel. Further discussion ensued on dewatering the deep channel, and Councilmember Erickson felt the critical path on the deeper channel could be pursued while, at the same time, work could proceed on the upper channel. Mr. Hain assured her that the DOT is looking at all of the different possibilities, being mindful of the needs of the State, the Tribe, and the community. He emphasized that the State is attempting to replace a structure that is deteriorating as they speak. Councilmember Erickson asked if the subject has been broached about dewatering the upper channel, and Mr. Hain indicated the State had discussed the concept of dewatering and had discussed the possibility of putting in much deeper piles in order to get to a hard surface layer. Mr. Hain then explained how the State was approaching construction on both the upper and lower channels at the same time. Councilmember Williams, in view of the bridge deterioration and local community pressure, asked if a risk analysis has been conducted and mitigation measures put in - 3- 5500 CITY COUNCIL SPECIAL MEETING December 16, 2004 WORK SESSION: place to extend the life of the bridge. Mr. Ham felt the Department is not feeling any (Cont'd) pressure from the local community;however, pressure is being felt from everyone who uses the system. The bridge is routinely inspected along with other bridges in the State, Status of Washington State but certain steps have been taken to assure the anchor cables are sufficient to support Department of the bridge under storm conditions. He further explained maintenance efforts in the Transportation (WSDOT) form of checks and balances, as well as the number of anchors and cables that are being Hood Canal Bridge Project replaced. Mr. Hain emphasized that everything possible is being done to maintain the (Cont'd) bridge. He added that the present bridge configuration violates an agreement in place as relates to meeting Coast Guard requirements on the bridge opening. Councilmember Rogers addressed what she felt was the critical piece of the discussion in terms of the recovery and reburial of the Elwha Tribal ancestors. She fek no one had an appreciation for the sadness, despair, frustration, and hope for a better future. She shared that she, too, was of Native American descent, and she was frustrated thatshe would never find her ancestors. Councilmember Rogers advocated as the first step in the process of resolution of this problem the reintemment of the Tribal remains. The community should look at all available properties. Following a joint meeting and dinner between the Council and Tribal leaders, the State had been invited to meet with the City in order to seek solutions and options. She felt no progress had been made in that arena. Proper identification of a piece of land that could be used for a cemetery and museum would be in order. Councilmember Rogers indicated she would be honored to have a Tribal presence on the waterfront, and she suggested the property at Front and Oak Streets or the area of the Valley Creek Estuary as possible considerations. Conncilmember Rogers indicated the entire community must be engaged in this process and accepting the risk of slipping the project for a year in order to properly rebury the remains, the project should then proceed. There is a responsibility for economic sustainability, which is difficult to balance, but she believed that, with the talent and the integrity of the community, this can be accomplished. Mayor Headrick asked of Mr. Hain if a representative from the Department of Transportation wouldbe willing to meet with a Council committee next week to discuss options that could be pursued. Mr. Hain expressed he would be willing and able to attend such a meeting. Councilmember Williams related his condolences to the Tribe for the findings. Tribal Chair Frances Charles was invited to comment, but she indicated the Tribe would have no meetings until after Christmas. ADJOURNMENT: e meeting was adjourned at 5:35 p.m. Rlchar-d A'--He-~dr't~, 1/vlay'or Be~-~y J. Uptor~2i~y~erk - /~"-- - -4-