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HomeMy WebLinkAboutAgenda Packet 08/23/2005 pORTANGELES citY COUNCIL SPECIAL MEETING WASHINGTON, U.S.A. August 23, 2005 I. CALL TO ORDER - SPECIAL MEETING: ROLL CALL: Members Present: Mayor Headrick ~,~ Councilmember Braun Councilmember Erickson Councilmember Munro Councilmember Pittis Councilmember Rogers Councilmember Williams Staff Present: Other Stafi~Present: Manager Quinn 7 Attorney Bloor Clerk Upton F/' G. Cutler M. Madsen D. McKeen T. Riepe Y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Led by: .'~X,,~_J~_t~_~.~t CITY COUNCIL SPECIAL MEETING Attendance Roster DATE OF MEETING: August 23, 2005 LOCATION: City Council Chambers pORTA_NGELES AGENDA - · - CITY COUNCIL MEETING W A S H I N G T O N, U.S.a. 321 EAST FIFTH STREET August 23, 2005 SPECIAL MEETING - 6:00 p.m. ~GENDA ITEM A. CALL TO ORDER - Special Meeting (6:00 p.m.) ROLL CALL - PLEDGE OF ALLEGIANCE - B. EXECUTIVE SESSION: RCW 42.30.110(1) (b) (c) and (i): Real estate and issues relating to pending and potential litigation C. CALL TO ORDER - Regular Meeting D. OTHER CONSIDERATIONS 1. Interlocal Agreement - Gateway Project Approve Interlocal Agreement (Final draft for Approval will be distributed at the meeting) E. ADJOURNMENT G:~CNCLPKT~AGENDAkAug 23 ~)5 Spec Mtg. w~ PUBLIC HEARINGS Public headngs are set by the City Council in order to meet legal requirements pertaining to matters such as, land use permit applications, proposed amendments to City land use regulations, zoning changes, annexations, In addition, the City Council may set a pubtic headng in orc[er to receive public input pdor to making decisions which impact the citizens. Certain matters may be controversiat, and the City Council may choose to seek pubtic opinion through the pubtio hearing process. NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK Special Meeting - August 23, 2005 Port Angeles City Council Meeting Page - 1 WAShINGtON, U.S.A. CITY COUNCIL MEMO ]}ATE: August 23, 2005 TO: CITY COUNCIL FROM: Michael Quinn, City Managert"~v~ SUBJECT: Gateway Project - Interlocal Agreement ummary: The Interlocal Agreement with Clallam Transit is intended to define the management and construction responsibilities between our two agencies for the Gateway Project. The details of this Agreement have been negotiated and incorporated into a format acceptable to the FTA. The importance of the timing to deal with this issue now is predicated on the need to establish this understanding prior to the use and necessity hearing scheduled for September 19th; Recommendation: Adopt the Gateway Project Interlocal Agreement Background / Analysis: The following sections are intended to represent the significant responsibilities noteworthy of special comment for the Council's review and consideration prior to adopting this Agreement: Article I:(1) Clallam Transit is initially anticipated as owning the land and purchasing it through the project funds. (2) The Visitor Building will be owned by the City and sub-leased to Transit for that portion responsible for their operations. We will also allocate three parking spaces for Transit employees. (3) In general, the City is taking the lead responsibility for facility maintenance, but we will charge Transit for street maintenance, and Transit will handle their own internal janitorial services or contract with the City. (4) There is no cash rent for land or building between the two agencies. (5) The term is 25 years to meet the minimum objective of FTA, although we have allowed for the continuous transit function even after this term. The City would become the property owner after this initial term. (6) All revenues derived in the fi~ture, utility payments, insurance, and etc will be prorated between the two agencies for their respective shares. (7) We have also designated the current approved plan as the plan for construction. G:XaMASTFORM~CO UNCIL. WPT Last Revised; 6/29/99 Article II: ( 1 ) This Agreement supercedes the prior 1998 agreement as it applies to CTS and the City, since it does not involve the PADA, (2) Transit is the ma'tn grantee responsible for administrative and project functions, and the City will primarily manage the construction of the project and manage the property alter its construction. (3) We will both cooperate and comply with the applicable requirements. Article I/I: (1) We have appointed Project Representatives and Managers from both agencies. (2) Our stafftime is not being reimbursed in cash, but is being accounted for as match from the local agency. Article IV: (1) Transit will be responsible for administering the funding and preparing the Capital Financing Plan for the Project. (2) The City's match is limited to 20% for the federally eligible costs. Article V: (1) This section essentially outlines how we will administer the construction funds. If there are overruns on the Transit portion, then they will handle; however, the rest of the project is the responsibility of the City. This had been anticipated from the beginning of the project. Article VI: (1) Transit shall obtain all the necessary permits. Article VII: (1) This section outlines the construction management details. While we will be managing the construction, we will have an extra administrative task to run all change orders over $25,000 through the Transit Board since they are technically the FTA grantee. Article VIlli: (1) This section deals with the property acquisition. The City authorizes CTS to construct any buildings or improvements for which CTS may not, in its own fight, have authority to do so. Article IX: (1) This section establishes an on-going project operation review of the details of the Agreement with at/east a review every five years. Article X: (1) This general provision section covers the typical legal provisions such as indemnification, records, amendments, severability, notice, dispute resolution and similar provisions. In summary, the above Agreement captures the salient points that have been informally discussed amongst staff for this project. The newest provision is Article VII/dealing with the property acquisition because of the potential impacts associated with the lawsuit filing. Staffreeommends adoption. G:hMAS TFORM\COUNCIL.WPT Last Revised: 6/29/99