HomeMy WebLinkAboutAgenda Packet 09/08/2017 Port Angeles City Council and the " PORT
Port of Port Angeles Commission of Port Angeles
SPECIAL JOINT MEETINGl�m�a}
City Hall, 321 East Fifth Street
2 p.m. on September 8 2017
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The Mayor or Commission President may determine the order of business for a particular meeting. The agenda should be arranged to
best serve the needs and/or convenience of the Council, Commission, and the public. The Mayor or Commission President to determine
time of break if needed.Items of business for the special meeting may include the following:
A. CALL TO ORDER—SPECIAL MEETING AT 2 P.M.
B. ROLL CALL—City Council and Port Commission
PLEDGE OF ALLEGIANCE —Mayor to call on a member to lead the Pledge of Allegiance
C. PUBLIC COMMENT—At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first
Public Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing
to speak.If more than 20 people are signed up to speak, each speaker may be allocated two (2) minutes. (Council Rules
of Procedure Section 12).
D. UPDATE ON AVIGATION EASEMENT Presentation by Port Staff
E. INTERLOCAL AGREEMENT
F. PUBLIC COMMENT
G. EXECUTIVE SESSION: The Port of Port Angeles Board of Commissioners may recess into Executive Session at
the Port Administration building for those purposes authorized under Chapter 42.30 RCW, the Open Public Meetings Act,
immediately following the joint meeting.
ADJOURNMENT—Mayor to adjourn the meeting
Mayor to determine time of break/Hearing devices available for those needing assistance.
September 8, 2017 Joint Port Angeles City Council/Port of Port Angeles Meeting Page- 1
Jennifer Veneklasen
From: Michael Merideth
Sent: Friday, September 08, 2017 8:26 AM
To: Nathan West
Cc: Jennifer Veneklasen„ Dan Mkeen
Subject: September 8 meeting
Please excuse me from the September 8th 2017 joint meeting. Participating and/or voting on the avigation
easement creates a conflict which would limit my ability to service customers I haul for who may be bidding on
jobs at Lincoln park.
Thank you
Michael Merideth
"ftPORT
Joint Meeting: Port Angeles City Council of Port Angeles
and the Port of Port Angeles Commission
DATE: September 8 2017
To: City Council and Port Commissioners `'
FROM: DAN MCKEEN,CITY MANAGER,CITY OF PORT ANGELES
KAREN GOSCHEN,EXECUTIVE DIRECTOR,PORT OF PORT ANGELES
SUBJECT: Avigation Easement and Proposed Interlocal Agreement
Summary: On January 30, 2017, the Port Commissioners and the City Council held a special
joint meeting. At that meeting, they instructed their respective administrative staff to negotiate
an avigation easement to protect the 5,000 foot threshold of runway 26. For reasons beyond
the control of the Port or the City, it is not feasible at this time to effectuate an avigation
easement. Therefore, the administrative staff of the Port and of the City have worked together
to prepare an interlocal agreement. The interlocal agreement is an interim measure until an
avigation easement can be adopted. The interlocal agreement serves the same purpose. It is
designed to protect the 5,000 foot threshold of runway 26.
Recommendation: Review and adopt the attached interlocal agreement.
Back2round/Analysis: On January 30, 2017, the Port of Port Angeles Commissioners and the
Port Angeles City Council held a special joint meeting. Among other matters of business
conducted at that meeting, the Port Commissioners and the City Council instructed their
respective administrative staff to begin negotiation of an avigation easement that would protect
the 5,000 foot threshold of runway 26. Designated members of the City staff and of the Port staff
promptly commenced work on an avigation easement. Several drafts and redlines were prepared.
However, it was decided that continued work on the avigation easement was not warranted
because of the need to satisfy the substantive terms of a Federal Aviation Administration (FAA)
approved avigation easement. The terms required by an FAA avigation easement would
necessitate a level of funding that the Port of Port Angeles cannot afford without FAA or other
outside funding. Therefore, on the local level, no further work has been done on the avigation
easement. The work on an avigation easement will re-commence depending on the determination
of the runway length by FAA as well as other components of the FIA Master Plan Update. The
FIA Master Planning process will continue over the next couple of years.
In the meantime, both the City and the Port still are committed to the goal of maintaining the
5,000 foot runway threshold on runway 26. In order to do that, in the interim until a formal
avigation easement can be consummated, some trees will need to be cut periodically as they
grow within 5 feet of the flight path of runway 26.
Recognizing that these factors will continue while all the FAA process is carried on, the Port and
City staff have developed a proposed interlocal agreement. The purpose of the interlocal
agreement is to address the need to remove specific trees until an FAA approved avigation
easement is successfully completed for a 5,000 foot runway. It is difficult to estimate how long
this will take, since the FAA has indicated they are considering shortening the runway length
from 5,000 feet to 3,850 feet.
In summary, the interlocal agreement establishes a simple administrative process for removal of
trees in the future as it becomes necessary to protect runway 26. The agreement protects the
interests of the Port and of the City, while simultaneously allowing an expedient and simple
process for removal of trees. The interlocal agreement is intended to remain in effect until an
avigation easement is put in place.
The terms of this interlocal agreement have been reviewed and approved by the City's staff and
the Port's staff. The purpose of today's joint meeting between the City Council and Port
Commission is to review the terms of the interlocal agreement, and if it is satisfactory, adopt the
agreement.
INTERLOCAL AGREEMENT FOR
MAINTENANCE OF APPROACH PATH TO
WILLIAM R. FAIRCHILD INTERNATIONAL AIRPORT RUNWAY 26
THIS AGREEMENT is entered into pursuant to RCW 39.34, the Interlocal Cooperation Act,
between the CITY OF PORT ANGELES, a Washington municipal corporation, located and doing
business at 321 East Fifth Street, Port Angeles, Washington 98362 ("City"), and the PORT OF
PORT ANGELES, a Washington municipal corporation, located and doing business at 338 W.
First Street, Port Angeles, Washington 98362 ("Port"), together referred to as the "Parties", for the
purpose of coordination on the elimination and prevention of encroachments into the William R.
Fairchild International Airport Runway 26.
RECITALS
WHEREAS, Lincoln Park was dedicated to the City by the Federal Government for public use
as a park in 1904; and
WHEREAS, Lincoln Park is the City's largest recreational facility, is used extensively by the
public, and is an important community asset; and
WHEREAS, from 1934 to 1948 the United States Army, Navy, and Works Progress
Administration established the airport which is now known as the William R. Fairchild International
Airport("FIA"), and in establishing the airport the land was cleared of trees; and
WHEREAS, FIA has been identified (1) as an essential public facility in accordance with the
Washington State Growth Management Act; (2) as one of six Federal Emergency Management
Agency federal staging areas in Washington State to support forward distribution of supplies and
equipment in the event of a disaster; and (3) in the Washington Guard Response Plan as a Tier-2
airport with the second-largest capability for supporting rescue and supply-delivery aircraft in the
event of a disaster; and
WHEREAS, FIA is vital in providing community air service for medical evacuation
("medevac") flights and in support of our local economy; and
WHEREAS, Runway 26 is the most frequently used runway at FIA because of the prevailing
wind direction, and because approaches to Runway 8 are inefficient for most arriving flights and are
sometimes not possible because of wind conditions; and
WHEREAS, from time to time and without notice to the Port, the Federal Aviation
Administration (the "FAA") may impose landing restrictions on Runway 26 because of safety
concerns related to trees in Lincoln Park that penetrate into Runway 26 approach path; and
WHEREAS, one immediate impact of FAA restrictions on approaches to Runway 26 is that
nighttime medevac flights into FIA may be cancelled; and
WHEREAS, encroachments into the Runway 26 approach path likely would prompt the FAA
to impose additional restrictions on the use of Runway 26 for landing aircraft, and such restrictions
could result in a shorter Runway 26 that cannot accommodate certain aircraft that presently are able
to use Runway 26 for landing; and
WHEREAS, lives could be lost if Runway 26 is not available and medevac flights into FIA are
cancelled as a result; and
WHEREAS, the Parties recognize that 24-hour-per-day/7-day-per-week availability of Runway
Interlocal Agreement—City of Port Angeles/Port of Port Angeles Page 1 of 6
Lincoln Park Trees/Fairchild International Airport
26 for medevac flights is critical to the health and safety of the people of Clallam County; and
WHEREAS, accordingly, the parties will cooperate and work together to avoid further
restrictions on the use of Runway 26; and
WHEREAS, the Parties recognize the importance of predictability regarding the use of Runway
26; and
WHEREAS, a significant number of trees in Lincoln Park are capable of penetrating the
restricted airspace for approaches to Runway 26; and
WHEREAS, the Parties desire to have a reliable process for managing the height and growth of
trees in Lincoln Park to avoid disruptions to the use of Runway 26; and
WHEREAS, the Parties anticipate that at some future date the City will convey to the Port an
avigation easement that will provide a permanent solution for avoiding encroachments into the
Runway 26 approach path; and
WHEREAS, until the Port has an avigation easement over Lincoln Park, the City and the Port
desire to have an agreement that permits the Port to maintain an encroachment-free approach path
to Runway 26; and
WHEREAS, using a high level tree height analysis, and estimating tree growth at the rate of
three feet per year, the Port is able to identify those trees that presently encroach into the approach
path and to calculate when additional trees will grow into the approach path; and
WHEREAS, in the interest of managing the height and growth of trees in Lincoln Park to avoid
disruptions to the use of Runway 26, it is appropriate for the City and the Port to cooperate in the
periodic removal of trees in Lincoln Park that grow to within five feet of the approach path to
Runway 26; and
WHEREAS, the Parties are committed to work collectively to preserve the integrity of Lincoln
Park and FIA; and
WHEREAS, the Parties foresee that trees in Lincoln Park will need to be removed on an
ongoing basis to ensure a safe airport approach path. The tree removal will be conducted for the
limited purpose of continued unobstructed use and passage of all types of aircraft in and through
airspace in the vicinity of Lincoln Park to and from airport Runway 26; and
WHEREAS, the Commission of the Port and the Council of the City intend to establish a
procedure to provide for removal of the trees in the future as necessary to allow the unobstructed
use and passage of aircraft to and from Runway 26. Additionally, the Commission delegates
authority to the Executive Director of the Port and the Council delegates authority to the City
Manager of the City to enter into agreements as they deem necessary to accomplish tree removal
and to address any related or ancillary issues.
NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. The Parties have a mutual interest in promoting community recreational opportunities in
Lincoln Park. At the same time, the Parties have a mutual interest in preserving FIA as an
essential public facility and vital provider of medevac flights and community air service.
In particular for this agreement, the Parties will cooperate in establishing a process that
allows the removal of trees in Lincoln Park as necessary to eliminate obstructions to
Runway 26.
Interlocal Agreement—City of Port Angeles/Port of Port Angeles Page 2 of 6
Lincoln Park Trees/Fairchild International Airport
2. The Commission of the Port, by this agreement, do hereby delegate authority to the
Executive Director of the Port (the "Executive Director") and authorize the Executive
Director to exercise full discretion and authority to implement this agreement and to make
and enter into subsequent agreements as the Executive Director deems necessary to
accomplish tree removal required for uninterrupted and unimpeded passage of aircraft to
and from Runway 26 and to address any related or ancillary issues.
3. The Council of the City, by this agreement, do hereby delegate authority to the City
Manager of the City (the "City Manager") and authorize the City Manager to exercise full
discretion and authority to implement this agreement and to make and enter into subsequent
agreements as the Manager deems necessary to accomplish tree removal required for
uninterrupted and unimpeded passage of aircraft to and from Runway 26 and to address any
related or ancillary issues.
4. For purposes of this agreement, "Obstruction Trees" shall mean trees in Lincoln Park that
are of such a height and are so located that they penetrate the Runway 26 approach path and
thereby interfere with the use of Runway 26 to a length of 5,000 feet, and those trees that
the Port determines are within five feet of the Runway 26 approach path. Upon the
Effective Date of this agreement, as defined below, and in accordance with the terms and
conditions set forth herein, the Port may remove any trees it has identified as Obstruction
Trees. In addition, the Port may, at its own expense and without compensation to the City,
remove all tree seedlings up to twenty feet tall that have the potential to grow into the
Runway 26 approach path.
5. At least once a year, the Executive Director, or the Director's designee, shall identify and
designate any Obstruction Trees that then exist. The Executive Director shall deliver to the
City Manager a detailed description of the trees identified as Obstruction Trees. If the City
Manager agrees that the trees are Obstruction Trees, the Director and the Manager shall
then agree on a schedule for removal of those trees. The schedule shall allow adequate time
for the Port to obtain required permits and for other work as is deemed to be appropriate
and necessary by the Executive Director and the City Manager.
6. Prior to the removal of any Obstruction Trees, the Port shall prepare a Tree Removal and
Restoration Plan and submit it to the City Manager for the City Manager's approval. The
Removal and Restoration Plan shall
• Identify all required permits;
• Describe the plan for tree removal;
• Describe the plan for restoration of the property following tree removal;
• Describe the plan for compliance with anticipated conditions imposed in the permits
necessary for the project; and
• Describe the plan for storm water analysis, compliance, and mitigation.
In addition, before the Executive Director may authorize or permit removal of any
Obstruction Trees or make any changes to any features, improvements, or assets of Lincoln
Park, the following shall have occurred:
o The City Manager shall have approved the Removal and Restoration Plan.
Interlocal Agreement—City of Port Angeles/Port of Port Angeles Page 3 of 6
Lincoln Park Trees/Fairchild International Airport
o The Port shall have obtained all permits necessary.
o At least one week prior to removal of any trees, the Port shall have prominently
marked the trees to be removed.
7. All felled Obstruction Trees shall be removed by the Port in strict compliance with all
applicable codes, permits, rules, regulations and laws. The stumps of all removed
Obstruction Trees shall be ground to a minimum of twelve (12) inches below the
surrounding grade; all debris from the removal site shall be hauled off site for disposal; top
soil, grass seed, other plantings, and straw cover shall be applied to the removal site all in
accordance with the Removal and Restoration Plan; and the storm water control plan will
be constructed, implemented, and maintained. All Obstruction Tree removal and site repair
work described herein shall be performed at the Port's expense.
8. The Port shall pay the City 100% of the stumpage price of all Obstruction Trees removed
hereunder, as determined by a qualified independent appraiser engaged at the Port's
expense.
9. The Port will indemnify, defend, and hold harmless the City from and against any and
every claim and risk, including but not limited to, suits or proceedings for bodily injury or
loss, including death, and all losses, damages, demands, suits,judgments and attorney fees,
and other expenses of any kind, arising out of the exercise by the Port of any rights granted
or provided herein and caused or occasioned in whole or in part by the acts or omissions of
Port or its contractors.
10. Nothing in this document is intended to limit, restrict or constrain the continuation of any
existing structures, land uses, or activities or events that occurred or were conducted from
time to time at Lincoln Park prior to the Effective Date of this agreement, as defined below.
11. During the term of this agreement, the City will consult with the Port prior to the
installation of any structure or improvement that may penetrate the Runway 26 approach
path.
12. This agreement shall be in force and effect from and after the date when it is approved by
the commission of the Port and by counsel of the city, whichever is later (the "Effective
Date"). This agreement shall be in force and effect for 15 years following the Effective
Date.
13. In the event the Executive Director and the City Manager are unable to agree on any issue,
process,procedure or other matter necessary to implement and fulfill the purpose and intent
of this agreement, the Parties agree to proceed as follows:
o The Commissioners of the Port will appoint one of their members to represent the
Port in resolving the conflict, and the Council of the City will appoint one of their
members to represent the City in resolving the conflict. The Executive Director and
the appointed Commissioner shall meet with the City Manager and the appointed
Council Member to negotiate in good faith a resolution to the conflict.
o If such negotiation is unsuccessful in resolving the conflict, the Parties may pursue
such other procedures or actions as they deem appropriate under the circumstances.
Interlocal Agreement—City of Port Angeles/Port of Port Angeles Page 4 of 6
Lincoln Park Trees/Fairchild International Airport
AGREED TO ON THIS DAY OF , 2017
CITY OF PORT ANGELES PORT OF PORT ANGELES
Dan McKeen, City Manager Karen Goschen, Executive Director
APPROVED BY PORT ANGELES CITY COUNCIL ON
APPROVED BY PORT OF PORT ANGELES COMMISSION ON
ATTEST: ATTEST:
Jennifer Veneklasen, City Clerk Holly Hairell,Administrative Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
William Bloor, City Attorney Simon Barnhart, Port Attorney
Interlocal Agreement—City of Port Angeles/Port of Port Angeles Page 5 of 6
Lincoln Park Trees/Fairchild International Airport
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