HomeMy WebLinkAboutMinutes 02/07/2012•
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CITY COUNCIL MEETING
Port Angeles, Washington
February 7, 2012
CALL TO ORDER- Mayor Kidd called the regular meeting of the Port Angeles City Council to order at
REGULAR MEETING: 6:00 p.m.
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
Members Present: Mayor Kidd, Deputy Mayor Collins, Councilmembers
Bruch, Di Guilio, Downie, Mania, and Nelson.
Members Absent: None.
Staff Present:
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T. Gallagher, D. McKeen, N. West, L. Kheriaty, T. Pierce,
L. Duhbar, J. Seniuk, S. Romberg, R. Korcz, J. Burke, 13.
Smith, M. Wolf, A. Neisinger, B. Femie, J. Viada, and D.
Bellamente.
Councihnember Di Guilio led the Pledge of Allegiance to the Flag.
CEREMONIAL 1. Port Angeles Sesquicentennial Celebration
MATTERS/
PROCLAMATIONS/ Mayor Kidd presented a proclamation to Alice Donnelly in recognition of the Port
& EMPLOYEE Angeles Sesquicentennial 150th Anniversary celebration. She recognized baby
RECOGNITIONS: Burke, the first citizen born in 2012, and presented the Burke family with a gift
certificate and City coin. She also listed the upcoming Sesquicentennial events.
PUBLIC COMMENT:
Retirement / Port Angeles Police Department Sergeant Eric Kovatch
Police Chief Gallagher recognized Sergeant Eric Kovatch, and his wife Debbie, for
his thirty -year career as a police officer and as a Port Angeles Police Officer since
1986.
3. Introduction of Port Angeles Police Department New Officers
Police Chief Gallagher introduced three new Port Angeles Police Department
Officers, Matt Wolf, Andrew Neisinger, and Bruce Femie.
Rex Habner, 785 N. Kendall, Sequim, urged Council to settle the collective
bargaining agreement with 1BEW, Local 997, and to choose local qualified
workers, contractors, and businesses.
Brad Partridge, 1417 S. A St., spoke in opposition to the City not trying to collect
the amount PenPly owes on its past due utility bill.
Darlene Schanfald, PO Box 2664, Sequim, thanked Councilmembers for
attending recent forums on stormwater and low- impact development, and urged
Council to reconsider low- impact development instead of moving forward with
the CSO project. She also distributed a recent Seattle Times editorial regarding
low- impact development.
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CITY COUNCIL MEETING
February 7, 2012
PUBLIC COMMENT:
(Cont'd)
CITY COUNCIL
REPORTS:
WORK SESSION:
PUBLIC HEARINGS -
OTHER:
WORK SESSION:
(Cont'd)
Neil Paynter, 122 W. 2nd St., spoke in opposition to cutting down trees at Lincoln
Park, and in favor of low- impact development.
Councilmember Downie discussed his attendance at the AWC Conference with
Councilmember Mania and Mayor Kidd.
Mayor Kidd discussed her ride -along with Port Angeles Police Officers and her
upcoming planned ride -along with the Port Angeles Fire Department. She
encouraged all Councilmembers to do the same.
Councilmember Bruch encouraged the public to attend the Farmers' Market and
talk with Council at the market on the first Saturday of every month.
Councilmember Di Guilio discussed his attendance at a low impact development
workshop, which Council was previously invited to by Darlene Schanfald.
Waterfront Transportation Improvement Plan (WTIP) Esplanade 100%
Design
Community and Economic Development Director West introduced Bill Grimes
with Studio Cascade, who conducted a PowerPoint presentation regarding the 100%
design submittal for the WTIP Esplanade. He also introduced Steve Zenovic, Laura
Allison, and Mark Renshaw, who also provided detailed information regarding the
design and costs of the project.
1. Birdwell Street Vacation Petition — STV 11 -04 — Portion of
Georgiana/Front Street Alley and Georgiana Alley
Director West stated the public hearing should be continued because the Planning
Commission has not had an opportunity to review the petition.
Mayor Kidd opened the public hearing at 7:00 p.m. There being no public
comment, the hearing was continued to the regularly scheduled City Council
meeting on February 21, 2012.
Council discussion continued regarding the WTIP Esplanade. Council invited
Randall McCoy to speak regarding the bike lanes and racks planned for the
waterfront area.
Randall McCoy, 112 E. I I° St., spoke regarding the planned bike lanes and
possible issues associated with the east end proposed design closer to Hollywood
Beach. Council discussion followed.
Council agreed by consensus to approve the random tile design for the steps on the
esplanade, and agreed to move forward with the concept for the captain's cove area.
Director West summarized the ongoing and upcoming process to move forward
with the construction bid process and informed Council staff would bring back the
Oak Street extension design as an add on at that time. Council agreed to the
process.
Break: Mayor Kidd adjourned the meeting for a break at 7:35 p.m. The meeting
reconvened at 7:49 p.m.
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LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
OTHER
CONSIDERATIONS:
CITY COUNCIL MEETING
February 7, 2012
None.
FEMA Lawsuit— Update
It was moved by Mania and seconded by Bruch to:
Reconsider the City Council vote on January 24, 2012, to authorize the City
Manager to enter into agreements with other cities seeking to intervene in the
lawsuit.
Motion carried 7 -0.
Manager Myers asked Council how they wanted to proceed in discussing the issue.
Council discussion followed. Mayor Kidd asked Attorney Bloor to summarize the
City Council Memo distributed at tonight's meeting, and Attorney Bloor provided a
brief summary. Council discussion continued regarding the timeline surrounding
the issue.
Attorney Bloor stated the City was aware of the lawsuit in September of 2011, but
at the time there was nothing to trigger any action on behalf of the City of Port
Angeles. He explained that on January 5, 2012, the Association of Washington
Cities (AWC) sent an email to the City Manager and other cities in the region
warning cities that the lawsuit could possibly halt development of flood plain
properties. AWC suggested cities create a coalition during a conference call on
January 10, 2012. Representatives from numerous cities discussed this and other
options during this conference call, and then scheduled another conference call for
January 23, 2012. During the next conference call, staff learned that some cities
had already decided to intervene in the lawsuit and the group of cities provided the
City with a January 24, 2012, deadline to join the group. He explained this was the
reason the issue was brought before the Council on short notice, and stated the
coalition now consists of sixteen cities in total.
Attorney Bloor then informed Council the National Wildlife Federation (NWF) had
filed a motion to limit the cities involvement and the Federal court had not ruled on
this issue. He summarized the lawsuit stating it was NWF's position that FEMA
must adopt across - the -board standards to set up protection in all flood plain areas
for endangered species, and explained the cities intervening in the lawsuit want the
opportunity to show they can protect the species without blanket regulations. He
then read a number of questions submitted by citizens regarding the issue and
provided answers to each question as supplied by City staff.
Director West showed Council the current flood plain map and discussed the
current regulations already in place to protect endangered species. Council
discussion followed.
It was moved by Bruch and seconded by Mania to:
Rescind the previous City Council action on January 24, 2012, regarding the FEMA
Lawsuit.
Motion failed 2 -5, with Bruch and Mania voting in favor of the motion.
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CITY COUNCIL MEETING
February 7, 2012
CONSENT AGENDA:
Deputy Mayor Collins asked questions regarding Consent Agenda item number two
and four. Councilmember Mania inquired regarding Consent Agenda item number
four.
It was moved by Mania and seconded by Downie to approve the Consent
Agenda to include:
1. Expenditure Approval List: 1/7/12 to 1/27/12 for $3,996,359.09
2. Department of Ecology Coordinated Prevention Grant
3. Partial Release of Easement —New Border Patrol Facility
4. On -Call Structural and Civil Engineering Support Professional Services
Agreement— Task Order for Design of 8th & Francis Sewer Trestle Repairs
and Inspection of Marine Drive Bridge
Motion carried 7 -0.
ORDINANCES NOT 1. New and Expanded Large Single Electrical Loads
REQUIRING PUBLIC
HEARINGS: Director Cutler stated there were no requests for changes to the proposed Ordinance
since the first reading, and asked Council to conduct a second reading and adopt the
Ordinance No. 3445 Ordinance as read by title.
Mayor Kidd conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3445
AN ORDINANCE of the City of Port Angeles, Washington, relating to
Electricity Services and Charges; adding a new section 3.12.074 to
Chapter 13.12 of Title 13 of the Port Angeles Municipal Code.
It was moved by Nelson and seconded by Mania to:
Adopt the Ordinance as read by title.
Council discussion followed.
Motion carried 7 -0.
2. City Council Ethics Policy
Councilmember Mania submitted a small grammar correction to the policy.
Council discussion followed.
Mayor Kidd conducted a first reading of the ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, regarding ethical
standards for municipal officials.
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CITY COUNCIL MEETING
February 7, 2012
RESOLUTIONS NOT 1. Council Rules & Procedures / Amendment
REQUIRING PUBLIC
HEARINGS: Manager Myers stated the proposed changes were the result of Council direction
during the City Council Retreat on January 21, 2012, and that if approved; the
Resolution No. 02 -12 changes would take effect March I, 2012. He also asked Council if they wanted to
vote to add late items to the agenda and Council concurred.
Mayor Kidd conducted a reading of the resolution by title, entitled,
RESOLUTION NO. 02 -12
A RESOLUTION of the City of Port Angeles, Washington, amending Section 9
of the Council Rules of Procedure.
It was moved by Mania and seconded by Downie to:
Pass the Resolution as read by title.
Motion carried 7 -0.
OTHER 2. Facade Improvement Program Update
CONSIDERATIONS:
(Cont'd) Director West introduced Assistant Planner Korcz, who provided a brief
presentation on the Facade Improvement Program and showed before and after
photos of the properties that received the program award.
INFORMATION:
3. City Manager / 2012 — Goals & Objectives
Manager Myers presented the City Manager Goals & Objectives for 2012, as
discussed during the recent City Council Retreat and City Manager annual
evaluation. Council discussion followed.
Manager Myers summarized the changes to the list, including moving item #I4 to
#1 on the list, adding Clallam County PUD to item #5, adding the wording "develop
key indicators on community well being" to item #13, deleting "including
expansion" on item #7, and deleting all timelines included at the end of all items.
It was moved by Collins and seconded by Downie to:
Approve the City Manager's 2012 Goals and Objectives, as amended.
Motion carried 7 -0.
Manager Myers spoke regarding the 2011 Public Records Report. Clerk Flurd
noted a minor correction to the report. Manager Myers spoke regarding the
summary report from the City Council Retreat, commended Acting Finance
Director Kheriaty and the Department for producing an excellent 2012 Budget
document, reminded Council of the upcoming public meeting on Lincoln Park,
discussed the numerous compliments received for the Public Works staff regarding
services during the recent winter storm and water main break, and discussed the
continuation of the Choose Local Program.
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CITY COUNCIL MEETING
February 7, 2012
EXECUTIVE SESSION:
Break:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
Based upon input from Attorney Bloor, Mayor Kidd announced the need for an
Executive Session under the authority of RCW 42.30.110(1)(1), for the purpose of
discussing potential litigation with legal counsel; and under the authority of RCW
42.30.110(1)(g), for the purpose of reviewing the performance of a public
employee, for approximately 60 minutes, with potential action to follow.
Mayor Kidd adjourned the meeting for a break at 9:25 p.m. The meeting
reconvened at 9:35 p.m.
The Executive Session convened at 9:35 p.m.
The Executive session adjourned at 10:00 p.m.
It was moved by Nelson to:
Continue the meeting to a later date.
Motion failed for lack of a second.
It was moved by Collins and seconded by Mania to:
Continue the meeting past 10:00 p.m.
Motion carried 7 -0.
The Executive Session reconvened at 10:02 p.m.
The Executive Session concluded at 10:28 p.m. No action was taken.
Mayor Kidd adjourned the meeting at 10:28 p.m.
Cherie Kidd, Mayor J.,T'ssa Hurd, City Clerk
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EXECUTIVE SESSION
Date: February 7, 2012
Expected length of session: 60 minutes
Is action expected following the session: Potential.
At the startofExecutive Session, ;remind "participagts that:
• Only announced topics may be discussed
• No final action can be taken in Executive Session
• Discussions are confidential
Reason for Executive Session:
To consider matters affecting national security.
To consider the selection of a site or the acquisition of real estate by lease or purchase
when public knowledge regarding such consideration would cause a likelihood of increased
price.
To consider the minimum price at which real estate will be offered for sale or lease when
public knowledge regarding such consideration would cause a likelihood of decreased price.
However, final action selling or leasing public property shall be taken in a meeting open to the
public.
To review negotiations on the performance of public bid contracts when public
knowledge regarding such consideration would cause a likelihood of increased costs.
To consider, in the case of an export trading company, financial and commercial
information supplied by private persons to the export trading company.
To receive and evaluate complaints or charges brought against a public officer or
employee. However, upon the request of such officer or employee, a public hearing or a meeting
open to the public shall be conducted upon such complaint or charge.
X To evaluate the qualifications of an applicant for public employment or to review the
performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a
governing body of salaries, wages, and other conditions of employment to be generally applied
within the agency shall occur in a meeting open to the public, and when a governing body elects
to take final action hiring, setting the salary of an individual employee or class of employees, or
discharging or disciplining an employee, that action shall be taken in a meeting open to the
public.
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EXECUTIVE SESSION
February 7, 2012
To evaluate the qualifications of a candidate for appointment to elective office.
However, any interview of such candidate and final action appointing a candidate to elective
office shall be in a meeting open to the public.
X To discuss with legal counsel representing the agency matters relating to agency
enforcement actions, or to discuss with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party, when public knowledge regarding the discussion is
likely to result in an adverse legal or financial consequence to the agency.
Closed session under RCW 42.30.140:
To discuss proceedings concerned with the formal issuance of an order granting,
suspending, revoking, or denying any license, permit, or certificate to engage in any business,
occupation, or profession, or to receive a license for a sports activity or to operate any
mechanical device or motor vehicle where a license or registration is necessary; or
Meeting of a quasi- judicial body relating to a quasi - judicial matter between named parties
as distinguished from a matter having general effect on the public or on a class or group.
Matters governed by chapter 34.05 RCW, the Administrative Procedure Act.
Collective bargaining session with employee organization, including contract
negotiations, grievance meetings, and discussions relating to the interpretation or application of a
labor agreement or a portion of a meeting which the governing body is planning or adopting the
strategy or position to be taken by the governing body during the course of any collective
bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the
proposals made in the negotiations or proceedings while in progress.
Time session began: 9:35 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended: 10:28 p.m.
In attendance:
Mayor Kidd, Deputy Mayor Collins,
Councilmembers Bruch, Di Guilin,
Downie Mania and Nelson, Manager
Myers, Attorney Bloor, Clerk Hurd, B.
Coons, and T. Gallagher.
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9itzentaqiiod
City Clerk
City Clerk