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HomeMy WebLinkAboutMinutes 12/21/2004 5501 CITY COUNCIL MEETING Port Angeles, Washington December 21, 2004 CALL TO ORDER - The Mayor called an Executive Session per RCW 42.30.140(4) for 10 minutes, which EXECUTIVE SESSION: convened at 5:50 p.m. ADJOURN EXECUTIVE The Executive Session concluded at 6:00 p.m. SESSION: CALL TO ORDER - Mayor Headrick called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 6:05 p.m. ROLL CALL: Members Present: Mayor Headrick, Councilmembers Braun, Erickson, Munro, Pittis, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Bloor, B. Collins, D. McKeen, T. Riepe, Y. Ziomkowski, C. Hagar, K. Bogues, G. Kenworthy, S. McLain, and N. Riggins. Public Present: R. Daignault, T. Ahlgren, A. Gonzales, P. Lamoureux, T. Shook, R. & P. Brockett, D. French, B. Pasco, K. Enders, N. Newman, C. Swegle, J. Farmer, D. Hendren, D. Nielsen, R. Jackson, D. Konopaski, M. Schuneman, M. Williams, and L. Suggs. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Manager Quinn. ALLEGIANCE: PUBLIC CEREMONIES, None. PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE Mayor Headrick asked to place a late item on the agenda. He and Councilmembers PLACED ON THIS OR Pittis and Rogers had attended a meeting the previous day with the Washington State FUTURE AGENDAS Department of Transportation (WSDOT) in Olympia. They wished to provide a report, & PUBLIC COMMENT: which was added as Agenda Item 1.4. Peter Ripley, no address given, wished the Council a Merry Christmas. Mayor Headrick announced that, to accommodate those present who wished to comment on the meeting with WSDOT, he would change the order of procedure. He asked Councilmembers Pittis and Rogers to proceed with their reports on the meeting in Olympia. -1- 5502 CITY COUNCIL MEETING December 21, 2004 OTI-IER 4. Meeting With WSDOT Regarding Graving Yard Issues: CONSIDERATIONS: Councilmember Pittis stated that he, Mayor Headrick, and Councilmember Rogers Graving Yard Issues traveled to Olympia to meet with Secretary of Transportation MacDonald; Randy Hain, Regional Administrator for the Olympic Region of the Department of Transportation; and John Conrad, who reports directly to Secretary MacDonald. Councilmember Pittis stated that Secretary MacDonald appeared confused as to why the Port Angeles delegation was present, and he advised the Councilmembers that the State anticipated it would soon abandon the site. No mention was made of making such an announcement the next day. At the meeting, Secretary MacDonald described some of the details regarding the excavation and some of the difficulties in providing an alternative to dewatering, which Councilmember Pittis, as a licensed engineer, felt were rather disingenuous. Secretary MacDonald also mentioned that the State will own the land if the project is abandoned. The community can discuss the disposition of the property, and WSDOT will stay in the background. Councilmember Pitfis reported that the site will be fenced, and tours given only with WSDOT employees in attendance due to liability issues. He said Secretary MacDonald had indicated that WSDOT was not prepared to go to court in order to complete the project; the City was not advocating this course of action either. Conncilmember Pittis further stated that Mr. MacDonald indicated there would have to be some EIS changes, and he felt that WSDOT hadn't performed any significant amount of alternative analysis. Discussion also covered the difficulties of acquiring land for burial of the remains. Councilmember Pittis contended to have made three personal observations which included 1) Mr. MacDonald did not have the courtesy to inform the Committee the project would be eliminated in less than 24-hours; 2) Mr. MacDonald was disrespectful to Councilmember Rogers; and 3) Mr. MacDonald was more concerned with "60 Minutes" making a trip to Olympia and doing an expos~ on this project than he was about the feelings and concerns of Port Angeles regarding both those that favor the project and those that favor respectful interring of the remains and dealing with the issues of the Tribe as part of our community. Councilmember Pittis then deferred to Councilmember Rogers. Councilmember Rogers concurred with Councilmember Pittis' summary and stated there were about five key issues. She apologized if she seemed tense, but following yesterday's meeting she was distraught. One of the key issues is that WSDOT apparently approached the Elwha Tribe in September asking for a proposal which would satisfy Tribal concerns and also address the future of the project. WSDOT claimed the Elwha Tribe did not respond but, in fact, they did. Councilmember Rogers stated her belief that, in many ways, the DOT forced the Elwha Tribe to respond in the manner it did, which was that there was no resolution as to what to do with the rest of the remains and artifacts; therefore, it was time to stop the project. Councilmember Rogers speculated that perhaps a public records request would provide clarification, that in September Secretary MacDonald proceeded with looking into closing the Port Angeles facility. The second issue Councilmember Rogers found disturbing, was that Secretary MacDonald spoke to Congressman Dicks about three weeks ago, and Congressman Dicks indicated that if an agreement could not be reached with the Tribe, then it was time to cut the losses and move the project as the bridge must be dealt with. Councilmember Rogers said that Mr. MacDonald indicated that the Congressman would seek Federal funding and release this property to the National Park, turning it into a Federal Sanctuary, to which she objected. That same evening, Councilmember Rogers received a personal phone call from Congressman Dicks and, when asked, he denied making this statement. Councilmember Rogers stated she still did not have clarification from either party as to whether or not this statement was made. - 2- CITY COUNCIL MEETING 5503 December 21, 2004 OTHER Councilmember Rogers stated that, while the FHWA mediator has ruled on the project CONSIDERATIONS: and the memorandum of agreement is in place, the law says you may proceed. Clearly, (Cont'd) the Secretary of WSDOT does not want to be the one to further work with the Tribe to seek resolution. She felt it was no wonder the Tribe was distraught if this is the way Graving Yard Issues Mr. MacDonald communicates. Councilmember Rogers felt if WSDOT could not (Cont'd) communicate with this community, which includes the Tribe, the City has a bumpy road ahead. She took it as a personal exception, that Mr. MacDonald disregarded the Mayor, disregarded Councilmember Pittis and herself, and did not inform them that the project was being abandoned the next day. Councilmember Rogers also received a call to inform her that the following day's edition of the Sequim Gazette contained an interview with Secretary MacDonald conducted prior to the delegation's trip to Olympia. This means that he disclosed the closing of the project to the Sequim Gazette prior to informing the community. Another key issue is the effort being made to locate land for the Tribe. A year ago, when the WSDOT was having problems, they chose not to engage the local community in the problem resolution. Therefore, the effort that must be made today is to work with the Tribe, bring the Tribe back to the table, and seek resolution. Councilmember Rogers stated that one reason the project was abandoned today was because of money. About $1 million in mitigation costs can be eliminated by not having all the contractors on standby. This may be prudent, but she took exception that for WSDOT to save money, they put the entire community in a dilemma. Councilmember Rogers left the meeting yesterday with a different impression than what she has today. She felt it was unfortunate that WSDOT has added to the division in this community, which is unfair to the Tribe and unfair to every person who had a job. Councilmember Rogers stated she phoned Secretary MacDonald this afternoon, he chose not to return the call. An emergency EDC Executive Board meeting was called today to address this issue. A plan was made on moving forward and engaging professional mediation, and though Mr. MacDonald did not want to lose, the City will still seek this help. She felt this has been devastating, and she is appalled. Mayor Headrick, referring to the mediation, stated that when Mr. MacDonald was asked whether he would be interested in entering into mediation, he said no. When asked why not, his reply was that it probably wouldn't come out the way the DOT would have wanted. Mayor Headrick then opened the floor for public comment. Roger Daignault, a member of Carpenters Union #1303 of Port Angeles, stated the Union is taking the high road and will continue to fight. Labor will be meeting with SecretaryMacDonald tomorrow aflemoon. Prior to that, Labor will meet with the State Building Trades to try and devise a plan toward solution. Mr. Daignault thanked Councilmember Rogers and all the members present who supplied help and hope. The Union will move forward with its petition drive and distributing leaflets. He stated today was a sad day, but there is still hope if the entire community steps up and takes action. Mr. Daignault invited everyone to the Carpenters Hall on Thursday, December 23, 2004, at 6:00 p.m. for a meeting and rally to follow. He stressed the importance of including the Lower Elwha Tribe as part of this community. Debra Hendren, 322 Christmas Tree Lane, expressed concern with the Council and felt there was miscommunication at all levels. Ms. Hendren stated if the WSDOT was not listening, then perhaps the Council had not gained its respect. She spoke against the Gateway Project, claiming it was not wanted, and against attempting to revive the graving yard project. Tom Graf, 518 E. Ahlvers Rd., was concerned with the loss of the graving yard, as he felt if this project could be shut down due to the Tribe's demands, then there was little -3- 5504 CITY COUNCIL MEETING December 21, 2004 OTHER chance of the Rayonier Mill site ever being developed, as there is a high probability CONSIDERATIONS: that artifacts would be found there as well. (Cont'd) Councilmember Williams thanked Mr. Graf for his comments, but felt it was time for Graving Yard Issues cool heads to prevail. He understood the implications of this issue are far reaching, but (Cont'd) there are laws on the books that need to be dealt with that impact the City. He asked that everyone be careful of how they characterize the Native American community, as further division of the community is not going to further any cause. Daren Konopaski, Operating Engineers Local 302, respected Councilmember Williams' comments and noted that Local 302 is on board with respecting the Tribe and community. He agreed that everyone needs to get involved and voice their opinion, for or against the project. This is bigger than the Hood Canal Bridge, as there are so many jobs that could be created through this project. He wished someone from the Tribe was present to educate the public on their beliefs. He stated the Tribe has been invited to the Union's Thursday night meeting and hoped they would show up. Mr. Konopaski said most of the Tribal members he has spoken to are for the project and want it to continue in Port Angeles. He noted that this project would have virtually no impact on the environment, as it would not create pollution, but would have a tremendous impact on the local economy by creating hundreds of family wage jobs. Jessie Farmer, 113 Bay View Avenue, spoke in favor of retaining the graving yard project. He stated he has gone from business to business, talking to people, handing out petitions and handing out fliers. He noted that most of the people he has approached supported keeping the graving yard in Port Angeles. Armando Gonzales, Local 1303, Port Angeles, felt the City was going to be the loser if this project is lost. The facility that was to be built would have been one of a kind and would have potential for more than just building pontoons. He strongly urged getting the Tribe and WSDOT back to the negotiating table. Councilmember Pittis noted that in the current situation, everyone on the entire Olympic Peninsula, as well as the State, loses. Councilmember Braun asked if the Council was still meeting with the Tribe after the Holidays given the current situation. Councilmember Rogers responded that she requested a meeting of Tribal Chairman Frances Charles and she agreed. Councilmember Rogers noted that letters had been sent to the entire Congressional delegation, the State delegation, the Governor, and the Transportation Commissioners inviting them to Port Angeles for a meeting the week of December 27. Manager Quirm noted that a meeting date was set for December 29, 2004, at 1:00 p.m. The date can be changed. Bob Pasco, Local 1303, commended Councilmember Rogers for recommending a mediator. He stated that he and Mr. Gonzales had been at Safeway for three to four hours today and collected about 200 signatures on a petition in support of retaining the graving yard. Councilmember Pittis clarified that for the past 18 to 24 months, the City has never been at the table on this project, as they were asked not to participate on several occasions. Manager Quinn stated that the City did offer assistance, but was politely asked not to attend the meetings. Councilmember Rogers clarified that on October 12, 2003, shortly after the first set of remains was discovered, the Tribe requested a meeting and a Council committee met with the entire Tribal Council. At that time, as the legislative liaison for the Council, Councilmember Rogers contacted WSDOT directly and sent e-mails to the Congressional and State representatives. WSDOT did travel to Port Angeles and met with Mayor Wiggins, Councilmember Williams and herself. Several solutions were discussed, and the meeting went well and was very respectful. The Council committee was then told from that point on the agreements were between the Tribe, the Federal Highway Administration, WSDOT, and the State -4- CITY COUNCIL MEETING 5505 December 21, 2004 OTHER Historical Society. What is tragic, was that when road bumps were hit, no one called CONSIDERATIONS: the City. Therefore, the community is finding out last, as it was not part of the process. (Cont'd) She asked that the citizens continue to communicate with all the elected officials; the Council will proceed with meetings after the Holidays. Graving Yard Issues (Cont'd) Councilmember Munro wished to ad&ess the comments made about the Gateway Project. He said that Councilmember Rogers led that project for the past year, and he had also attended many meetings on the Gateway. His perception of those meetings is that the downtown business owners are absolutely on board with that project. Capital has even been added to the project to meet their needs. Councilmember Munro felt Council had worked hard to make it a community project. Regarding the graving yard, Councilmember Munro echoed the comments made by Councilmember Williams. He asked that the Tribe find a way to work with the City, acknowledging that the Tribe was in an awkward spot. Councilmember Braun reiterated that it will take the entire community to make this project work, if indeed it's going to. He appreciated everyone that appeared this evening to speak in favor of the project. Mayor Headrick stated that during the meeting yesterday, the Council delegation offered any help it could provide, but only received excuses as to why the project would not work. He felt the problem was in Olympia, and the City must do whatever it can to get their attention, whether it be through the Legislators or through the Governor's office. Bob Pasco, Local 1303, returned to the podium to ask if the WSDOT had given a worst case scenario, such as fencing, plant grass, walk away, etc. Councilmember Pittis replied that WSDOT stated it would build a fence and limit tours. Beyond that, they were very oblique as to what would happen. Councilmember Pittis said it is possible that they stopped the project for reasons that the City does not know. But, obviously they have not investigated all the alternatives. Councilmember Pittis expressed optimism if the whole community worked together toward resolution. Councilmember Rogers, referring to the financial impacts, stated that currently, there are $45 million worth of special steel parts cut to size for this project. If WSDOT looks for an alternative site, there must be a complete cost breakdown and the financial impacts are going to be staggering. The entire State will be impacted. In conversations with Congressman Dicks and Mr. MacDonald, the Council informed them that they must fix that which has been broken. This means addressing the concerns of the Tribe and coming up with a solution and resolution to address the Tribe's needs. Concurrently, they must look at leaving the project in Port Angeles. Councilmember Pittis again reminded everyone, that no matter what, the bridge still needs to be repaired. FINANCE: 1. Allocation of Surface Transportation Program (STP) Funds: Allocation of Surface Director Cutler summarized the information provided in the Council packet. Transportation Program Couneilmember Pittis moved to approve and authorize the Mayor to sign the Funds Interloeal Agreement for the distribution of funds pursuant to the Federal Intermodal Surface Transportation Equity Act. Couneilmember Braun seconded the motion. Councilmember Pittis noted that due to a decrease in gasoline tax revenue, the City's allocation of these funds has also decreased. Following brief discussion and clarification, a vote was taken on the motion, which carried unanimously. Bonneville Power 2. Bonneville Power Administration (BPA) Transmission Settlement: Administration (BPA) Transmission Settlement Director Cutler deferred to Deputy Director McLain, who reviewed the information provided regarding the transmission rate settlement proposal with the Bonneville Power Administration. -5- 5506 CITY COUNCIL MEETING December 21, 2004 Bonneville Power Councilmember Rogers moved to support the proposed transmission rate Administration (BPA) settlement with the BPA. Councilmember Williams seconded the motion, which Transmission Settlement carried unanimously. (Cont'd) Purchase of Large Diameter 3. Purchase of Large Diameter Fire Hose: Fire Hose Fire ChiefMcKeen reviewed the information provided on this issue. Councilmember Braun moved to award the purchase for the large diameter fire hose to U.S. Fire Equipment, LLC and authorize the Fire Chief to issue a purchase order in the amount of $29,970.88. Councilmember Pittis seconded the motion. Following brief discussion and clarification of the bid process for the hose and adaptors, a vote was taken on the motion, which carried unanimously. Attorney Bloor noted that, as this is the second bid for this hose, the first bids submitted should be formallyrejected. Counciimember Williams moved to reject the bids first submitted. Councilmember Rogers seconded the motion, which carried unanimously. Downtown Signal 4. Downtown Signal Renovation Project 03-01: Renovation Project 03-01 Mayor Headrick asked how much the new lights were costing the City. Director Cutler replied they are funded by grants. It is part of the Gateway project funding, and staff felt it prudent to begin with the downtown traffic signals. Director Cutler that there are two change orders; the Council is being asked to approve those changes as well. He then reviewed the larger change order, which dealt with sidewalk restoration on the southeast and northeast comers of First and Lincoln. At Director Cutler's request, Deputy Director of Engineering Kenworthy provided detail regarding the work done on the sidewalk, the cost involved, and Mathew's Glass participation in funding the project. Deputy Director Kenworthy also noted that the City received a conservation rebate in the amount of $23,000, as incandescent lights were replaced by LED lights. He noted that the signals are working well and traffic flow has improved. Staff responded to questions and following brief discussion, Councilmember Pittis moved to accept the project as completed by Signal Electric, Inc. approve Change Orders 1 and 2, and authorize the release of the retained percentage upon receipt of required releases. Counciimember Braun seconded the motion, which carried unanimously. CONSENT AGENDA: Councilmember Braun moved to accept the Consent Agenda to include: 1.) City Council Minutes of December 7, 2004 regular meeting; 2.) Expenditure Approval List - December 10, 2004 - $977,833.92; 3.) Electronic Payments - December 10, 2004 - $1,437,329.67; 4.) Interlocal Agreement with Clallam County re: Storm Water Utility Collection; 5.) Renew Ambulance Billing Agreement; 6.) Approve listing agreement for DelGuzzi property; and 7.) Approve 911 Interlocal Agreement with the County. Councilmember Erickson announced she would abstain from the vote on the 911 Interlocal Agreement as she signed off on the agreement for the County as Legal Counsel. Attorney Bloor reminded the Council that one item needed to be added to the Consent Agenda regarding the claim settlement for D and M disposal. Item 8.) Claim Settlement in the amount of $9,515.13 was, therefore, added to the Consent Agenda. Councilmember Braun, as maker of the motion, agreed to the amendment and Councilmember Rogers seconded the motion. Following brief clarification regarding the Realtor's commission for the sale of the DelGuzzi property, a vote was taken on the motion, which carried unanimously. CITY COUNCIL None. COMMITTEE REPORTS: -6- CITY COUNCIL MEETING 5507 December 21, 2004 RESOLUTIONS: None. Break The Mayor recessed the meeting for a break at 7:12 p.m. The meeting reconvened at 7:30 p.m. ORDINANCES NOT 1. Ordinance Amending Collection Agency Authority: REQUIRING PUBLIC HEARINGS: Attorney Bloor reminded the Council that this item had been presented at its last meeting. There is no new information. Mayor Headrick read the Ordinance by title, Ordinance Amending entitled Collection Agency Authority ORDINANCE NO. 3182 Ordinance No. 3182 AN ORDINANCE of the City of Port Angeles, Washington, relating to the use of collection agencies by the City. Councilmember Williams moved to adopt the Ordinance as read by title. Councilmember Braun seconded the motion, which carried unanimously. OTHER 1. Mutual Law Enforcement Assistance Agreement - Westsound Regional CONSIDERATIONS: Emergency Vehicle Operations Course (EVOC) Instructors: Mutual Law Enforcement Police Chief Riepe reviewed the information provided regarding the Mutual Law Assistance Agreement - Enforcement Assistance Agreement. Councilmember Munro moved to authorize Westsound Regional the Police Chief and Mayor to sign the proposed Mutual Law Enforcement Emergency Vehicle Assistance Agreement- Westsound regional EVOC Instructors. Councilmember Operations Course Rogers seconded the motion. Discussion ensued, and Councilmember Williams noted (EVOC)Instructors that the local Tribes are not participating in this agreement and asked if there was a specific reason. ChiefRiepe replied that he did not know of any reason and noted that they may train at other locations. Councilmember Williams suggested an outreach to the local Tribes and Chief Riepe agreed to contact them and invite their participation. A vote was taken on the motion, which carried unanimously. Front Street Corridor 2. Front Street Corridor Landscape Plan: Landscape Plan Manager Quinn reported to the Council that Director Connelly had created a PowerPoint demonstration for this issue; however, he became ill while at work today and had to go home. Manager Quinn felt staff present had sufficient information at hand if Council wished to discuss the issue, or it could be deferred to the meeting of . January 4, 200~5, to allow Manager Connelly the opportunity to give his report. After brief discussion, Council agreed to postpone this item to the next meeting. Motion to Authorize 3. Motion to Authorize Contract Negotiations for Telephone Notification Contract Negotiations for System: Telephone Notification System Chief Riepe described the benefits of reverse 911 technology and deferred to Naomi Riggins, Communications Manager, who reviewed the information provided on this issue and explained the process for selection of a vendor. Chief McKeen added that the emergency telephone notification system is just one of many tools that would be used in the event of a disaster. There is an emergency alert system within the County which utilizes radio and television. The emergencytelephone system is more reliable in covering a large number of people in a fast manner. Also, this system allows for isolation of the geographical area that needs to be notified. Chief McKeen lauded Ms. Riggins for her efforts in the vendor selection process. Discussion followed, and staffresponded to questions and provided clarification, after which, Councilmember Braun moved to authorize staff to enter into contract -7- 5508 CITY COUNCIL MEETING December 21, 2004 Motion to Authorize negotiations with Twenty First Century Communication. Couneilmember Contract Negotiations for Williams seconded the motion, which carried unanimously. Telephone Notification System (Cont'd) PUBLIC HEARINGS - None. QUASI JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: Manager Quinn announced that he had received a phone call from Shared Strategy, who is organizing a "Salmon Summit" in Tacoma, Washington, on January 26, 2005. Shared Strategy wants to give Port Angeles, the Elwha Tribe and the Olympic National Park an award, so they would like to have a representative from Port Angeles attend the Salmon Summit to attend the recognition ceremony and receive the award. Manager Quinn gave a brief report on his trip to Berau, describing the follow-through on the solid waste program and the re-devising of collections. He said the drainage ditch issue was also re-analyzed in terms of controlling drainage and flooding in that particular area of the community. An anti-litter education program was introduced to three elementary schools, which was very successful with the children. Manager Quirm stated a presentation was made to the Regency Council for Berau, which was well received. He felt it was a successful trip and reminded the Council that the next exchange trip for the Indonesians to come to Port Angeles is scheduled for February. EXECUTIVE The Mayor called an Executive Session per RCW 42.30.110(g) for the purpose of an SESSION: employee evaluation and (i) for consideration of agency enforcement action and/or potential litigation for approximately one hour, which convened at 8:02 p.m. RETURN TO OPEN The Executive Session concluded at 8:55 p.m., and the Council reconvened in regular SESSION: open session. ADJOURNMENT: e meeting was adjourned at 8:55 p.m. · ' ' BeCky J.'-l~pt~ ~ty"¥2 - -- -8-