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HomeMy WebLinkAboutMinutes 03/06/2012• • CITY COUNCIL MEETING Port Angeles, Washington March 6, 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: 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, T Pierce, D Beery, J Mahlum, D Bellamente, T Nevaril, L. Dunbar, and T Dahlquist. CEREMONIAL 1 Proclamation / 100 Years of Girl Scouts MATTERS/ PROCLAMATIONS/ Mayor Kidd presented the Port Angeles Girl Scout Troops with a proclamation in & EMPLOYEE recognition of 100 years of Girl Scouting. The Girl Scout troops also conducted a RECOGNITIONS: color guard presentation and lead the chamber in singing the National Anthem. PLEDGE OF ALLEGIANCE. Deputy Mayor Collins led the Pledge of Allegiance to the Flag. CEREMONIAL 2. Port Angeles School District / Martin Luther King Jr Essay Contest MATTERS/ Winners PROCLAMATIONS/ & EMPLOYEE Mayor Kidd and Port Angeles School Superintendent Jane Pryne presented RECOGNITIONS. certificates to Martin Luther King Jr essay contest winners. Certificates were presented to 25 students from kindergarten through eighth grade. Break: Mayor Kidd recessed the meeting for a break at 6:17 p.m. The meeting reconvened at 6.22 p.m. PUBLIC COMMENT: Devon Graywolf and William Hunt, 438 Lopez, spoke in opposition to removal of trees at Lincoln Park. Norma Turner, Mt. Angeles Rd., spoke regarding the telecommunications ordinance and her concerns about privatization; and the Washington State Department of Ecology's Harbor Sediment Report, urging Council to consider options outside the box instead of always using consultants. Diane Summerville, 2399 E 3`d Ave., agreed with Norma Turner's comments regarding consultants and invited Council to a public forum regarding biomass at the Port Angeles Library on Saturday, March 10, 2012. 1 7085 7086 CITY COUNCIL MEETING March 6, 2012 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: PUBLIC HEARINGS - OTHER: Deputy Mayor Collins requested a continuation of the Executive Session from the February 21, 2012, City Council Meeting. An Executive Session was added to the end of the Agenda. Deputy Mayor Collins provided an amendment to page E2 of the Agenda, stating the City Council Minutes should read Low - Impact Development, not Local Improvement District. He also asked the record reflect his reason for voting no against the FEMA Lawsuit Intervention Agenda item on February 21, 2012, regular City Council Meeting, was he did not want the City to increase the maximum financial commitment over $ I,000. Council discussion followed regarding the Consent Agenda. It was moved by Nelson and seconded by Mania to approve the Consent Agenda to include 1 City Council Meeting Minutes for February 21, 2012, as amended 2. Expenditure Approval List: 2/11/12 to 2/24/12 for $3,886,356.69 3 Construction Contract — Oak Street Sidewalk and Paving Motion carried 7 -0. Council discussion continued 1 Street Vacation Petition — STV 11 -04, Birdwell Portion of Georgiana Street and Georgiana / Front Alley Community and Economic Development Director West described the petition and subject property He explained Mr Cronauer, a neighboring property owner, submitted a letter late this evening asking the Council to continue the agenda item because he was not able to attend the meeting and stated his objection to the proposed street vacation because it would land -lock his property Director West described how the City had worked with Mr Cronauer to resolve the issue and invited Jerry Peterson, the applicant's representative, to also describe to the Council his discussions with Mr Cronauer. Mayor Kidd opened the public hearing at 6.35 p.m. Jerry Peterson, 1951 Finn Hall Rd., representative for the applicants Mr and Mrs. Birdwell, described the first Planning Commission meeting where Mr. Cronauer raised the issue of property access and subsequent meetings with Mr Cronauer on the property site. He stated it was his impression he had resolved the issue with Mr Cronauer, and added that Mr Cronauer did not object again at the second Planning Commission meeting. Council discussion followed. It was moved by Collins and seconded by Bruch to: Continue the matter to the next regularly scheduled City Council Meeting. Council discussion followed. The motion and second was withdrawn. Council discussion followed. Mayor Kidd closed the public hearing at 6:52 p.m. 2 • • CITY COUNCIL MEETING March 6, 2012 PUBLIC HEARINGS- It was moved by Collins and seconded by Bruch to: OTHER: (Cont'd) Continue the matter to the next regularly scheduled City Council Meeting. Ordinance No. 3447 Council discussion continued. The motion was amended by Collins and seconded by Bruch to: Continue the matter to the next regularly scheduled City Council Meeting or a later meeting. Motion failed 3 -4, with Di Guilio, Downie, Mania and Nelson voting in opposition. Mayor Kidd conducted a second reading of the ordinance by title, entitled, ORDINANCE NO. 3447 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion ' of dndeveloped'alley right of way in Port Angeles, Clallam County, Washington. It was moved by Nelson and seconded by Downie to: Adopt the Ordinance as read by title, citing Condition 1, Findings 1 -14, and Conclusions 1 -4, listed in Exhibit "B" to the Ordinance and in support of that action. Motion carried 5 -2, with Bruch and Kidd voting in opposition. Community Development Block Grants — Closeout PenPly / Maloney Heights Director West stated it was a requirement to hold a public hearing before the City could close out the two Community Development Block Grants for PenPly and Maloney Heights. He explained both grants had been completed. Mayor Kidd opened the public hearing 6:5,8 p.m. Deputy Mayor Collins recused himself from the matter and exited the Council Chambers. There being no public testimony, the public hearing was closed at 6:59 p.m. Director West thanked Council and stated no other action was required. Deputy Mayor Collins reentered the Council Chambers. 3 7087 7088 CITY COUNCIL MEETING March 6, 2012 ORDINANCES NOT 1 Telecommunications Utility and Electric Fund Ordinance Amendments REQUIRING PUBLIC HEARINGS: Police Chief Gallagher described the proposed ordinances, stating the recommendation for said ordinances was made by Terry Mundorf, legal consultant on the project. He stated the proposed ordinances are considered a "best practice" for cities, and explained the rationale behind the accounting of the telecommunications utility as a way to clearly account for all transactions without burdening the Finance Department. OTHER CONSIDERATIONS: Acting Finance Director Kheriaty also described how the organization of the utility fund would minimize work load and still accurately account for the utility Chief Gallagher stated the Utility Advisory Committee issued a favorable recommendation regarding the proposed ordinances. Council discussion continued. Mayor Kidd conducted a first reading the ordinances by title, entitled, ORDINANCE NO AN ORDINANCE of the City of Port Angeles, Washington, relating to Telecommunications Utility, adding a new Chapter, 13.53, to Title 13 of the Port Angeles Municipal Code. ORDINANCE NO AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.24 of the Port Angeles Municipal Code relating to Electric Fund. 1 Street Lighting Upgrades, Change Order No. 2, Project CL05 -2009 Deputy Director of Engineering Puntenney introduced Electrical Engineering Manager Dahlquist who provided a brief presentation regarding the changes to the Street Lighting Upgrade Project. He explained the changes were the result of the original design for the State Highway lighting upgrades not being sufficient once implemented on site. Council discussion followed. It was moved by Di Guilin and seconded by Bruch to: Approve and authorize the City Manager to sign Change Order No. 2 with CTS Northwest of Lynnwood, WA, in the amount of $229,907.60, including tax, to install additional LED street lighting. Motion carried 7 -0. 2. Professional Services Agreement for Lauridsen Boulevard Bridge Replacement, Project TR42 -99 and Lincoln, Laurel and Lauridsen Blvd Intersection Improvements, Project TR18 -99 Deputy Director Puntenney recognized all of the different companies and their local representatives present in the audience who are part of the proposed project including Exeltech, Zenovic & Associates, NTI, Lindberg Architects, Johnson Surveying, and Wengler Surveying. He also introduced Civil Engineer Mahlum, who conducted a PowerPoint presentation of the Lauridsen Blvd. Bridge Project. 4 • OTHER CONSIDERATIONS. (Cont'd) CITY COUNCIL MEETING March 6, 2012 Council discussion continued. Ft was moved by Downie and seconded by Di Guilio to: Authorize $100,515.70 in the 2012 Budget for CFP project TR18 -99 and direct staff to initiate action to amend the 2012 Budget by transferring $100,515 70 of REET funding from project TR42 -99 to project TR18 -99; and approve and authorize the City Manager to sign a professional services agreement with Exeltech Consulting of Lacey, Washington to provide engineering and related services for Lauridsen Blvd Bridge Replacement, Project TR42 -99, and Lincoln /Laurel /Lauridsen Blvd Intersection Improvements, Project TR18 -99, in the total amount not to exceed $1,267,289.26. Initial authorization is limited to the services required for preliminary engineering, environmental, and permitting and final design for TR42 - 99 and for planning, study, conceptual design and traffic analysis for TR18 -99 in the amount not to exceed $815,767 10. Motion carried 6 -1, with Mania voting in opposition. 3. 215 South Lincoln — Historic Firehouse Preservation Committee Update Director West described the creation of the ad hoc committee and its goal to research future municipal uses for the site. City Archaeologist Beery provided a brief history of the issues regarding 215 South Lincoln and explained the recommendation before Council. He stated the Committee recommended using the site for the Clallam County Veteran's Center and was requesting an additional six months to research funding and planning of a phased approach to restoring the building. Terry Roth from the Clallam County Veterans Association spoke regarding the current Veteran's Center building and their desire to move to the 215 South Lincoln site. He stated the association voted unanimously to move forward with looking at this site as a future option for the Veteran's Center building. Council discussion followed. Clallam County Commissioner Doherty spoke regarding the project and stated the County is in support of the project and should be able to help with some funding. It was moved by Collins and seconded by Nelson to: Extend deadline of the ad hoc committee to March 6, 2013, to identify funding opportunities for a phased restoration approach to establish a future public use for the building. Council discussion followed. Motion carried 7 -0. 5 7089 • 7090 CITY COUNCIL MEETING March 6, 2012 • OTHER 4 Department of Ecology — Harbor Sediment Report / Extend Public CONSIDERATIONS: Comment Period (Cont'd) CITY COUNCIL REPORTS: Manager Myers requested Council pull this agenda item because staff just received notice from the Washington State Department of Ecology stating they would extend the comment period regarding the Harbor Sediment Report for sixty days. Council concurred and discussion followed. Councilmember Nelson spoke regarding the Farmers' Market award for top market of the year in our population range in Washington State. Councilmember Mania thanked Farmers' Market Manager Cynthia Warren for her hard work. He also spoke regarding the recent meetings of the Fine Arts Center ad hoc committee, and local roller derby events Councilmember Downie spoke regarding the cruise ship committee and their plans regarding the cruise ships coming to Port Angeles in April and May this year Mayor Kidd spoke regarding her trip to Victoria with Manager Myers. Councilmember Bruch spoke regarding comments she received at the Council table at the last Farmers' Market. No other reports were given. INFORMATION: Manager Myers spoke regarding the Department of Ecology's open house on the recently released harbor sediment report next week at the Olympic Medical Center He also discussed the upcoming special City Council meetings this month, his trip to Victoria with Mayor Kidd, the upcoming meeting with NOAA regarding an expanded facility in Port Angeles. and his recent City Manager's coffee. He stated that Finance Director Ziomkowski had waived her right to a Loudermill hearing and that a final decision would be made regarding administrative action next week. Break. Mayor Kidd recessed the meeting for a break at 8:32 p.m. The meeting reconvened at 8.38 p.m. 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)(g), for the purpose of reviewing the performance of a public employee, for approximately 30 minutes, with potential action to follow The Executive Session convened at 8:38 p.m. At 9:08 p.m., Mayor Kidd announced the need for an additional 5 minutes. The Executive Session concluded at 9.14 p.m. No action was taken. Mayor Kidd adjourned the meeting at 9:14 p.m. itt; Cherie Kidd. Mayor 6 a Hurd, City Clerk 7091 EXECUTIVE SESSION Date: March 6, 2012 Expected length of session. 30 minutes Is action expected following the session. Potential. At the start of Executive Session, remind participants 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 uponf 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 7092 • • EXECUTIVE SESSION March 6, 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. 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: 8.38 p.m. Was session extended by announcement: Yes If so, when: 9:08 p.m. Time session ended. 9:14 p.m. In attendance: Mayor Kidd, Deputy Mayor Collins, Councilmeriibers Bruch, Di Guilio, Downie. Mania, and Nelson, Manager Myers, and Attorney Bloor.