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HomeMy WebLinkAboutMinutes 02/21/2012• CALL TO ORDER - SPECIAL MEETING: Planning Commission Interviews: ADJOURNMENT: CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: PUBLIC COMMENT: • CITY COUNCIL MEETING Port Angeles, Washington February 21, 2012 Mayor Kidd called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Council interviewed the following applicants for positions on the Planning Commission: Tim Boyle, David Miller, Garry Irwin, Scott Headrick, and Duane Morris. Mayor Kidd adjourned the meeting at 5:47 p.m. Mayor Kidd called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. 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, M. Puntenney, T. Gallagher, D. McKeen, N. West, L. Kheriaty, L. Dunbar, K. Neal, C. Delikat, and D. Bellamente. Councilmember Bruch led the Pledge of Allegiance to the Flag. I. Coho Ferry — Recognition of New Owners Mayor Kidd recognized the four new owners of the Black Ball Coho Ferry, and provided then with City of Port Angeles coins. Dick Pilling, 72 Mt. Pleasant Heights Lane, spoke in favor of the City staying involved with the FEMA lawsuit. John Ford, spoke in favor of spending the least amount of funds possible to refurbish Lincoln Park in accordance with FAA guidelines. Janet Marx, 112 Lockerby Place, spoke in opposition to the City's involvement in the FEMA lawsuit. Darlene Schanfald, PO Box 2664, Sequim, spoke in opposition to the Combined Sewer Overflow Project (CSO) and accused City staff of being unethical regarding the project. Marilyn Harbaugh, 312 W. 51" St., spoke in opposition to the City's involvement in the FEMA lawsuit and removing trees at Lincoln Park. 1 7074 7075 CITY COUNCIL MEETING February 21, 2012 CITY COUNCIL REPORTS: WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: Councilmember Nelson spoke regarding the recent ACHIEVE meeting and announced Port Angeles was awarded a grant for health and wellness. She listed the agencies involved and discussed their current process to identify the best places to spend the grant funds. Councilmember Downie spoke regarding his recent attendance at the AWC Conference. Mayor Kidd spoke regarding the upcoming report on 215 S. Lincoln and the continued cooperation with the Clallam County Veterans Association regarding the repair and use of the building. Deputy Mayor Collins informed Council of the Feiro Marine Lab Annual Board meeting tomorrow. Councilmember Di Guilio asked staff to respond to Darlene Schanfald's allegations of unethical behavior on the part City staff. Manager Myers and Deputy Director of Engineering Puntenney both responded regarding the accusations and stated staff had been upfront and provided full disclosure regarding the CSO project. No other Council reports were given. I. City Council / Computer Equipment Upgrades Manager Myers stated it was time for an update regarding the performance of the Dell Duo computers issued to Council and staff last year. He explained the update was timely because of the recent request from Councilmember Bruch for alternative work station options. He asked Clerk Hurd to provide a summary regarding the issue. Clerk Hurd stated Councilmembers started using the Dell Duos in June of 2011, as discussed during the 2011 City Council Retreat. She explained the intent of the Dell Duos was to create a way for Councilmembers to check their email without using their personal home computers and use the Dell Duos during Council meetings instead of a paper copy of the agenda. She discussed the requests Councihnember Bruch had made regarding computer alternatives and directed Council to a spreadsheet created by the IT Department regarding alternatives and associated costs. Councilmember Broch stated she had decided to use her personal computer and did not want the City to spend any more money on her computer needs. Council discussed experiences with the Dell Duos and Council agreed by consensus to continue for another year. Deputy Mayor Collins requested a review of the City's Low - Impact Development policies at a future City Council meeting. Manager Myers stated he would place the item on a March agenda. 2 • • CONSENT AGENDA. CITY COUNCIL MEETING February 21, 2012 Mayor Kidd pulled Consent Agenda item, Shane Park Playground Equipment Purchase and Parks Maintenance. and moved it to the beginning of Other Considerations. Clerk Hurd informed Council of a minor change to the January 24, 2012, City Council Minutes, regarding the time Councihnember Bruch reentered the Council Chambers after recusing herself during an agenda item. It was moved by Downie and seconded by Nelson to approve the Consent Agenda to include: 1 City Council Meeting Minutes for January 9, 10, January 17 adjourned to January 24, as amended, and February 7, 2012 2. Expenditure Approval List: 1/28/12 to 2/10/12 for $1,636,953 91 3. Stormwater Outfall Repair of Valley Creek, Project DR01 -2004 / Final Acceptance 4. Landfill Methane Outreach Program Memorandum of Understanding 5. Wireless Mobile Data System Pole Attachment Agreement 6. City Pier Fire Suppression System, Project PK03 -09, Change Order No. 1 Motion carried 7 -0. ORDINANCES NOT 1 City Council Ethics Policy REQUIRING PUBLIC HEARINGS: Manager Myers stated minor grammatical changes had been made to the ordinance since the first reading. Council discussion followed. Ordinance No. 3446 OTHER CONSIDERATIONS: Mayor Kidd conducted a second reading of the ordinance by title, entitled, ORDINANCE NO 3446 AN ORDINANCE of the City of Port Angeles, Washington, regarding ethical standards for municipal officials. It was moved by Collins and seconded by Downie to: Adopt the ordinance as read by title. Motion carried 7 -0. 1 Shane Park Playground Equipment Purchase — Parks Maintenance Parks Superintendent Delikat stated Council set aside $60,000 for Shane Park in the Budget and in addition, the community raised $47,000 to upgrade the playground equipment. He requested an additional $21,000 from the Park Improvement Fund and stated the community fundraising committee would also need to raise an additional $28,000. He assured Council the committee would be able to raise this amount and commended Janet Young for heading up the fundraising effort. Janet Young received a round of applause from the Council Chambers. Council discussion followed. Janet Young thanked the City Council, community, and fundraising committee members. 3 7076 7077 CITY COUNCIL MEETING February 21, 2012 OTHER It was moved by Mania and seconded by Nelson to: CONSIDERATIONS: (Cont'd) Authorize the City Manager to purchase the playground equipment through the Washington State Cooperative Contract #03110 with Allplay Systems and to make minor modifications to the contract, if necessary; and authorize the use of surplus funds in the Park Improvement Account in the amount of $21,000 to assist Shane Park Committee with the purchase of the playground tiles in order to complete Phase 1 of the project. Council discussion followed. Motion carried 7 -0. 2. Construction Engineering — Combined Sewer Overflow (CSO) Phase I, Project WW08 -2008 Deputy Director Puntenney introduced Engineering Manager Neal who conducted a PowerPoint presentation regarding the CSO project. She described the project's phases, including the current and upcoming milestones. Mayor Kidd moved to the public hearings section of the agenda because it was 7:00 p.m. PUBLIC HEARINGS- 1. Street Vacation Petition — STV 11 -04 / Birdwell Portion of Georgiana OTHER: Street and Georgiana Front Alley Community and Economic Development Director West described the street vacation petition, stating that the property owner, Price Ford, wanted to remove the two City right -of -ways within the property. He described how the City worked with the property owner to create a win -win situation, which included the City receiving environmentally sensitive areas under the petitioner's ownership and the property owner receiving a property with no City right -of -ways. Mayor Kidd opened the public hearing at 7:04 p.m. There being no public comment she continued the public hearing to the regularly scheduled City Council Meeting on March 6, 2012. Mayor Kidd conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of undeveloped alley right of way in Port Angeles, Clallam County, Washington. Council discussion followed. 2. Community Development Block Grant (CDBG) for Mt. Angeles View Director West described the grant and resolution to consider regarding the Mt. Angeles View Development. He stated Peninsula Housing Authority would be required to fulfill the obligations of the grant and explained they had shown an ability to handle obligations like these in the past with other grants. 4 • • • • CITY COUNCIL MEETING February 21, 2012 PUBLIC HEARINGS- Mayor Kidd opened the public hearing at 7:08 p.m. OTHER: Manager Myers stated Paul Lamoureux previously submitted a question to the City regarding section 7, of the proposed resolution, regarding Peninsula Housing Authority responsibility for the grant's obligations. Kay Kassinger, Peninsula Housing Authority Development Director, responded to the questions submitted by Mr. Lamoureux, stating all obligations would be transferred to the Housing Authority and they would handle them in full. Director West stated the required handout was provided to the public in both English and Spanish. Mayor Kidd closed the public hearing at 7:11 p.m. Mayor Kidd read the resolution by title, entitled, RESOLUTION NO. 03 -12 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing submission of an application for a general purpose Community Development Block Grant and committing to comply with all required regulations. It was moved by Downie and seconded by Bruch to: Pass the Resolution as read by title. Motion carried 7 -0. Break: Mayor Kidd adjourned the meeting for a break at 7:12 p.m. The meeting reconvened at 7:22 p.m. OTHER CONSIDERATIONS: (Cont'd) Construction Engineering — Combined Sewer Overflow (CSO) Phase I, Project WW08 -2008 Deputy Director Puntenney continued the presentation and infonned Council the project was on track regarding the budget and completed tasks. Manager Neal addressed a list of environmental benefits the project would provide when finished. Councilmember Mania spoke on record in opposition to the CSO project and stated he wanted the City to step back from the project. Councilmember Bruch thanked Manager Neal and Deputy Director Puntenney for their assistance in updating her regarding the project. She stated she would be voting no on the upcoming agenda items regarding the CSO project because she was not convinced it was the right solution for the City. Manager Neal described the contract amendment and described how much had been spent with local firms and contractors since the beginning of the project. It was moved by Nelson and seconded by Di Guilio to: 5 7078 7079 CITY COUNCIL MEETING February 21, 2012 OTHER Approve and authorize the City Manager to add this planned program element for CONSIDERATIONS: construction engineering services to the CSO Professional Services Agreement with (Cont'd) Brown and Caldwell in an amount not to exceed $485,980, and to make minor modifications to the agreement, if necessary. Council discussion followed. Motion carried 5 -2, with Mania and Bruch voting in opposition. 3. Environmental Engineering during Construction — Combined Sewer Overflow (CSO) Phase I, Project W W08 -2008 Manager Neal described the proposed agreement amendment, stating it would provide technical and environmental assistance with the CSO project. It was moved by Di Guilio and seconded by Downie to: Approve and authorize the City Manager to sign Amendment No. 5 to the Professional Services Agreement with Farallon Consulting, in an amount not to exceed $60,878, and to make minor modifications to the agreement, as necessary. Motion carried 5 -2, with Mania and Bruch voting in opposition. 4. 2012 On -Call Construction Management Professional Services Agreement Manager Neal described the proposed agreement for construction management of the project, stating the scope of work is for phase 1 of the CSO project. She also stated staff conducted a rigorous selection process to select the consultant. Council discussion followed. It was moved by Downie and seconded by Di Guilio to: Approve and authorized the City Manager to sign the On -Call Professional Service Contract with Vanier Construction Management, Inc., in the amount not to exceed $1,787,668, and to make minor modifications to the agreement, if necessary. Motion carried 5 -2, with Mania and Bruch voting in opposition. 5. 2012 On -Call Electric Utility Engineering Professional Services Agreement Deputy Director Puntenney stated the agreement was for a new consultant contract to support the electric utility, including technical services for line crew staff and design of the 8's Street Substation. Council discussion followed. It was moved by Di Guilio and seconded by Mania to: Approve and authorize the City Manager to sign the On -Call Professional Services Agreement with TriAxis Engineering, Inc., with two initial project tasks, in an amount not to exceed $109,000, and to make minor modifications to the agreement, if necessary. Motion carried 7 -0. 6 • • • • nnda `< 0 ~T `< to 3' n a 0 o o. n w 0 < Cr 00 P.O as nm 5.O 0 3 N Q. c N n N DD n. a 0 N s =' d 0 ° o ca. < 0. o -n a s o r n = a 3 O < 0 o n 3 o ? n O. `-t _. a v0o 0 o n a5° 0 s D S fD 0 j' < 0 t0 N m N 0y m 0 i moo a x 3 • 0 0 0 0 z a 0 n m 0 a m °c 0 0- Da3„co ° g. 0 y -� G 0 0 -1 0 0 = n (0 < a c a 2 ' S. w tla n P 0 0 Lom °0 3 D in -o O N -o E. 0 c 0 b a O 0 0 n m FEMA Lawsuit Intervention / Update Motion carried 4 -3, with Bruch, Kidd, and Nelson voting in opposition. Council discussion followed. da 0 O (to o= 3 N w. 0 5 O n -t 0 0 a w a 0 O. co H 0 0 co 0 It was moved by Di Guilio and seconded by Mania to: 3n 0 0 c K o n. 0 0 a 0 N D. n 3 -I N a 0 0 0 -0 0 < O tl0 0 N 0 CI. 0 0 0 a CID a 1 w' 0 n 0 0 n Planning Commission / Determine Appointments Councilmember Bruch rejoined the meeting. Motion carried 6 -0, with Bruch abstaining from the vote. • oCD 0 ro O O a, so n n a 7 to ° - 0 0 N D n Do n as N N m w c a w ^ =CM CD w F N w 0 go m 5- F - 0o w � x -O Er o' 3 c 0 n rt E ., ay 3 cr4 Ao r 3 n ❑ It was moved by Nelson and seconded by Downie to: °" Dw o 0 P, L, dp P. N n f O n 5 3 ° 0...< �. N n d r z o c= ...no n o 0 0 1 O n 6 p 0:* 0 O T 0 N uo " o R. o - m CO p' ao'P =N sc < - 0 a m m e S n o AD S = n 0 S to n N `f" n G to co" co E 00 o co 0 co co N o w `< a 3 a > co 0 ❑ b co w m :a.. s 0 `_°- 3 0 co w n co _ s c n a 0'y • a° ❑ ry 3 0 `< w n 7 N r. © a 5- m amv_ TO Co zeD `d d. 3 '°9 0 o0 0 0 n p y a w m ' _ �. `0, E m° 0 =" w 0, ro ci, w ,D '.." n 0 0. n w -� '�- n = 3 r '-7 a o ° w 0. 0 `< rn rn �' rn '77 it" -nom, S 0 n • w < n w LT' n ;; w 3 x 3 0 v 3 t a AD ,..3 `�o N m ON N tJ a a) z t..) n 7081 CITY COUNCIL MEETING February 21, 2012 OTHER It was moved by Bruch and seconded by Mania to: CONSIDERATIONS: (Cont'd) Withdraw from further participation in the FEMA lawsuit. The motion and second was withdrawn. It was moved by Nelson and seconded by Downie to: Authorize Port Angeles to participate with the coalition of cities through the point when the court rules on NWF's motion for preliminary injunction, subject to a maximum financial commitment of $1,500; and subject to those conditions, authorize the City Manager to execute an engagement letter with Kenyon Disend, PLLC and the City Attorney to execute a Joint Defense and Confidentiality Agreement. Council discussion followed. Motion carried 4 -3, with Bruch, Collins, and Mania voting in opposition. Break: Mayor Kidd adjourned the meeting for a break at 8:57 p.m. The meeting reconvened at 9:02 p.m. FINANCE: Automated Metering Infrastructure (AMI) System Agreement Amendment No. 1 Deputy Director of Power Systems Dunbar recognized Bryan Boyd and Gina McCurley from Mueller Systems. He conducted a brief PowerPoint presentation regarding the scope of work shift and City payment change to the original agreement with Mueller Systems. He stated the City is proposing the change due to the project taking longer than expected and explained the delays were caused by both parties. Council discussion followed. It was moved by Bruch and seconded by Nelson to: Approve and authorize the City Manager to sign Amendment No. 1 to the Advanced Metering Infrastructure System Agreement with Mueller Systems, and to make minor modifications to the agreement, if necessary. Motion carried 6 -1, with Kidd voting in opposition. OTHER 7. Planning Commission / Determine Appointments CONSIDERATIONS: (Cont'd) Director West explained that an amendment to the Planning Commission appointments was needed because the motion did not specify which of the four appointed commissioners would fill Commissioner Bruch's unexpired term. It was moved by Downie and seconded by Di Guilio to: Appoint Scott Headrick to fulfill Commissioner Bruch's unexpired term on the Planning Commission. Motion carried 7 -0. 8 • • INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: CITY COUNCIL MEETING February 21, 2012 Manager Myers spoke regarding Deputy Mayor Collins and Councilmember Downie planned attendance at the upcoming National League of Cities Conference, the planned meeting with Victoria City Officials next week with Mayor Kidd and himself, and other upcoming meetings in March. He also reminded Council of the ceremony this Saturday to recognize the Farmers' Market as the top market in our population range in the State of Washington. Based upon input from Attorney Bloor, Mayor Kidd announced the need for an Executive Session under the authority of RCW 42.30.110(1)(g), for the purpose of reviewing the performance of a public employee, RCW 42.30.110(I)(i), for the purpose of discussing potential litigation with legal counsel, for approximately 45 minutes, with potential action to follow. The Executive Session convened at 9:26 p.m. At 10:12 p.m., Mayor Kidd announced the need for an additional 10 minutes. The Executive Session concluded at 10:26 p.m. Councilmember Mania stated he had questions for Attorney Bloor, who was no longer in attendance. No action was taken. ADJOURNMENT: Mayor Kidd adjourned the meeting at 10:26 p.m. Cherie Ki d Mayor 9 aij7.sa Hurd, City Clerk 7082 • • EXECUTIVE SESSION Date: February 21, 2012 Expected length of session: 45 minutes Is action expected following the session: Potential. At the start of Executive Sessibn, remind.participarifs 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. 1 7083 7084 EXECUTIVE SESSION February 21, 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: 9:27 p.m. Was session extended by announcement: Yes If so, when: 10:12 p.m. Time session ended: 10:28 p.m. In attendance: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch Di Guilio, Downie, Mania, and Nelson, Manager Myers, Attorney Bloor, and T. Gallagher. 2