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HomeMy WebLinkAboutMinutes 08/07/2012• CALL TO ORDER - SPECIAL MEETING: ROLL CALL: EXECUTIVE /CLOSED SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: • CITY COUNCIL MEETING Port Angeles, Washington August 7, 2012 Mayor Kidd called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Members Present: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch [joined meeting at 5:25 p.m.], Di Guilio, Downie, Mania, and Nelson. Members Absent: None. Staff Present: Interim Manager McKeen, Attorney Bloor, and Clerk Hurd. Based upon input from Attorney Bloor, Mayor Kidd announced the need for an Executive Session under the authority of RCW 42.30.110(1)(i) for the purpose of discussing potential litigation with legal counsel, and in Closed Session under the authority of RCW 42.30.140(4)(b) to plan or adopt the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress, for approximately 45 minutes. The Executive Session convened at 5:00 p.m. The session was extended by announcement at 5:45 p.m., for 5 minutes. The Executive Session concluded at 5:50 p.m. No action was taken. Mayor Kidd adjourned the special meeting at 5:50 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: Staff Present: None. Interim Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler, K. Dubuc, T. Gallagher, K. Dubuc, B. Olson, D. Beery, T. Pierce, P. Lusk, R. Hostetler, S. Wright, T. Nevaril, D Bellamente, and M. Puntenney. Councilmember Bruch led the Pledge of Allegiance to the Flag. 1. Olympic Peninsula Senior Games Mayor Kidd presented D Bellamente and the Olympic Peninsula Senior Games volunteers with a proclamation in recognition of August 19 -26, 2012 as Olympic Peninsula Senior Games week. 1 7179 7180 CITY COUNCIL MEETING August 7, 2012 CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: (Cont'd) PUBLIC COMMENT: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: PUBLIC HEARINGS - OTHER: 2. Port Angeles Youth Volunteers Mayor Kidd presented a proclamation to Barb Frederick in recognition of the Port Angeles Downtown Association Youth Volunteer Program. She also recognized numerous participants for their volunteered hours over the past year. 3. "Professional Finance Officer Award" / Sherry Wright — Finance Department Senior Accountant Chief Financial Officer Olson presented Senior Accountant Sherry Wright with a Professional Finance Officer Award plaque from the Washington Finance Officers Association. Henry Henningsen, 323 E. 2 °d St., asked Council to fix the alley between Vine and Peabody Street behind Jim's Pharmacy. Mike Edwards, 3403 E. Masters Rd., spoke in favor of the Choose Local Businesses for Purchasing and Services Resolution. Thomas Davis, 1306 W. 5th St., thanked Council, Nathan West, and Terry Gallagher for their recent assistance in solving his problems, and for well - trained City staff. Norma Turner, 3928 Mt. Angeles Road, spoke in favor of the proposed utility discount ordinance amendments, and thanked Council for changing the program to be based upon income rather than other criteria. She also thanked Council for hiring Dan McKeen as the next City Manager. Mayor Kidd requested a work session to discuss the City Council's Code of Ethics and Council agreed to schedule a special work session in the near future to discuss this issue. Deputy Mayor Collins requested to discuss low- impact development issues at the October work session and Council agreed to add this item to that agenda. 1. Electrical Utility 2012 Resource Plan Public Works and Utilities Director Cutler introduced Power Resources Manager Lusk who conducted a PowerPoint presentation on the proposed 2012 Electrical Utility Resource Plan. Council discussion followed. Mayor Kidd opened the public hearing at 7:00 p.m. Norma Turner, 3928 Mt. Angeles Rd., asked questions regarding solar energy and non - profit business demand rates. Thomas Davis, 1306 W. 5`h St., asked whether or not the electrical plant just removed from the Elwha River dam was providing electricity to the City. Director Cutler answered both individual's questions. Mayor Kidd continued the public hearing at 7:05 p.m., to August 21, 2012. 2 • • OTHER CONSIDERATIONS: 7181 CITY COUNCIL MEETING August 7, 2012 1. Port Angeles Downtown Association / 2 "a Quarter Report Port Angeles Downtown Association Executive Director Barb Frederick conducted a PowerPoint presentation regarding the Association's second quarter report. Council discussion followed. Break: Mayor Kidd recessed the meeting for a break at 7:21 p.m. Councilmember Mania exited the meeting. The meeting reconvened at 7:34 p.m. 2. Combined Sewer Overflow (CSO) Phase I Cultural Monitoring Services Agreement / Lower Elwha Klallam Tribe Mayor Kidd welcomed Lower Elwha Klallam Tribe (LEKT) Chair Frances Charles. Councilmember Bruch recused herself from the agenda item, due to her employment with LEKT, and exited the Council Chambers. City Archaeologist Beery presented the Combined Sewer Overflow (CSO) Phase I Cultural Monitoring Services Agreement. He stated the proposed agreement allowed for compliance with Section 106, of the National Historic Preservation Act, and was satisfactory to the LEKT. Council discussion followed. LEKT Chair Charles stated there were some minor spelling errors and the LEKT was satisfied with the proposed agreement. It was moved by Downie and seconded by Nelson to: Authorize the City Manager to sign the CSO Phase I Cultural Monitoring Services Agreement (PSA 2012 -07) between the City and the Lower Elwha Klallam Tribe in an amount not to exceed $100,000, and make minor modifications as necessary. Motion carried 5 -0. CONSENT AGENDA: Councilmember Bruch reentered the Council Chambers. She inquired about Consent Agenda item #3 and Director Cutler answered her questions. It was moved by Bruch and seconded by Collins to approve the Consent Agenda to include: 1. City Council Meeting Minutes for: June 5, July 17, and 20, 2012 2. Expenditure Approval List: 7/7/12 to 7/27/12 for $2,720,613.23 3. 2012 Water Utility Professional Services Agreement / E Street Reservoir Cover Repainting 4. Department of Ecology Coordinated Prevention Grant G130009 5. Pole Replacement Project / Final Acceptance 6. Public Safety Advisory Board / Appointments Motion carried 6 -0. Deputy Mayor Collins stated for the record how the appointed members of the Public Safety Advisory Board were outstanding individuals. 3 7182 CITY COUNCIL MEETING August 7, 2012 ORDINANCES NOT 1. Surplus Property Revisions to PAMC 2.0 REQUIRING PUBLIC • HEARINGS: Attorney Bloor stated no changes had been made, or comments received, regarding the proposed ordinance. Council discussion followed. Ordinance No. 3457 Ordinance No. 3458 Mayor Kidd conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3457 AN ORDINANCE of the City of Port Angeles, Washington, relating to surplus property. It was moved by Collins and seconded by Downie to: Adopt the Ordinance as read by title. Motion carried 6 -0. 2. Utility Discount Ordinance Amendments Mayor Kidd conducted a third reading of the Ordinance by title, entitled, ORDINANCE NO. 3458 AN ORDINANCE of the City of Port Angeles, Washington, amending Port Angeles Municipal Code Chapter 13.20 relating to utility discounts. It was moved by Downie and seconded by Collins to: Adopt the Ordinance as read by title. Council discussion followed. Councilmember Bruch suggested numerous editorial changes. Deputy Mayor Collins stated for the record that the new income limits described in the proposed ordinance were now quarterly amounts not annual totals. It was amended by Downie and seconded by Collins to: Amend the ordinance to include the minor editorial changes. The motion, as amended, carried 6 -0. RESOLUTIONS NOT 1. Choose Local Business for Purchasing and Services REQUIRING PUBLIC HEARINGS: Interim Manager McKeen presented the proposed Resolution regarding choosing local businesses for purchasing and services. He recognized Port Angeles Forward Resolution No. 15 -12 subcommittee member Mike Edwards for all his hard work and dedication on the issue. He stated economic development is about support local businesses and described the parameters of the proposed Resolution. He also recognized Community and Economic Development Director West for all of his contributions. Council discussion followed. Mayor Kidd conducted a reading of the Resolution by title, entitled, 4 • • RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: (Cont'd) Resolution No. 15 -12 Resolution No. 16 -12 OTHER CONSIDERATIONS: (Cont'd) 7183 CITY COUNCIL MEETING August 7, 2012 RESOLUTION NO. 15 -12 A RESOLUTION of the City Council of the City of Port Angeles, Washington, establishing a policy of choosing local businesses for purchasing and services within the confines of state law. It was moved by Di Guilio and seconded by Nelson to: Pass the Resolution as read by title. Motion carried 6 -0. 2. Declaration of Emergency / Transformer Failure Director Cutler described the transformer failures due to a recent lightning storm and how customer's power was rerouted during the incident. He stated the transformers need to be replaced, or repaired, as soon as possible. He explained either action would take many months. He asked Council to ratify the Declaration and also informed them the City's insurance carrier would cover most, if not all, of the repair costs. Council discussion followed. Mayor Kidd conducted a reading of the Resolution by title, entitled, RESOLUTION NO. 16 -12 A RESOLUTION of the City Council of the City of Port Angeles, Washington, affirming and ratifying the Declaration of Emergency issued by the City Manager on July 26, 2012. It was moved by Downie and seconded by Bruch to: Pass the Resolution as read by title. Motion carried 6 -0. 3. Combined Sewer Overflow (CSO) Phase I Construction Contract Director Cutler presented the Combined Sewer Over (CSO) Phase I Construction Contract and discussed the hard work and effort that has gone into this project over a lengthy period of time. He stated the low bid came in one million under engineers estimate. He recommended Council approve the City Manager authority to issue change orders up to the amount of $814,000, due to the size, complexity, and cost of the project. He explained how without this authorization the City could face increased costs due to the contractor having to wait for decisions to be made by Council. He stated the City Manager would be required to share all change orders with the Council, if and when they are issued. Council discussion followed. Councilmember Bruch stated for the record her appreciation for all of the hard work spent on this project over the years, but explained she cannot support it because she does not believe it is the best option for the City. Council discussion followed. It was moved by Downie and seconded by Nelson to: 5 7184 CITY COUNCIL MEETING August 7, 2012 OTHER Approve and authorize the City Manager to 1) award and sign a construction CONSIDERATIONS: contract with IMCO General Construction for CSO Phase I, Project WW08 -2008, (Cont'd) in the base amount of $16,278,350 including applicable taxes, and to make minor modifications to the contract, if necessary and 2) issue change order(s) to the contract in an aggregate amount not to exceed the available contingency of $814,000, provided the City Manager report change order(s) to City Council at its regular meeting following issuance of the change order(s). FINANCE: Motion carried 5 -1, with Bruch voting in opposition. Director Cutler thanked current and past Councilmembers; current and past City Managers including Dan McKeen, Kent Myers, Mark Madsen, and Mike Quinn; Attorney Bloor, previous City Engineers Gary Kenworthy and Steve Sperr, and Deputy Director of Engineering Mike Puntenney; and key staff members including Engineering Manager Kathryn Neal, Engineer Mike Szatlocky, Assistant Civil Engineer James Burke, and City Archaeologist Derek Beery. He also thanked numerous outside agencies and partnerships including the Lower Elwha Klallam Tribe, Washington State Department of Ecology, Rayonier, and the firm Brown and Caldwell. Deputy Mayor Collins stated past Councils, twenty years ago, struggled with this issue and it adversely affected how the City has arrived at this point in time and also contributed to the overall cost of the project. He hoped this could be a lesson for future Councils to address issues in the future more proactively. 1. City Manager Contract Interim Manager McKeen recognized Byron Olson as the City's new Chief Financial Officer, and commended him for making such a difference in his short time here at the City. Attorney Bloor stated Interim Manager McKeen and Human Resources Manager Coons had been in discussions regarding the City Manager employment contract. He described some suggested changes and noted they will be incorporated into the contract for signature. Council discussion followed. It was moved by Di Guilio and seconded by Nelson to: Approve City Manager employment contract as presented with proposed changes. Council discussion followed. Motion carried 6 -0. 2. 2012 Power Line Tree Trimming Contract / WF #142537 -03 Director Cutler described the proposed contract and stated this was the thirteenth or fourteenth year the City has had a tree trimming contract to prevent power outages during winter storms. Council discussion followed. It was moved by Nelson and seconded by Collins to: Approve and authorize the City Manager to sign a contract with Asplundh Tree Expert Co. for tree trimming at the rate of $181.54 per hour, in an amount not to exceed $100,000, and to make minor modifications to the agreement, if necessary. Motion carried 6 -0. 6 • • CITY COUNCIL REPORTS: 7185 CITY COUNCIL MEETING August 7, 2012 Councilmember Downie reported on his recent attendance at an International Council of Shopping Centers conference and the marketing literature he provided during the conference. Mayor Kidd discussed her recent appointment to the AWC Legislative Committee. Deputy Mayor Collins discussed his attendance at the funeral of former Mayor Joan Sargent and asked for her name to be added to the City's Community Memorial Plaque in the City's Atrium. Councilmember Bruch provided a brief report on comments she received at the Farmers' Market. No other reports were given. Council agreed by consensus to support Deputy Mayor Collins' nomination of Joan Sargent to the City's Community Memorial Plaque. INFORMATION: Manager McKeen directed Council to the reports included in the packet and provided a brief summary of the preliminary local election results EXECUTIVE SESSION: ADJOURNMENT: None. Mayor Kidd adjourned the meeting at 8:43 p.m. tit Cherie Kidd, Mayor 7 Al:.A-1.121 A. 1./.t�. a ssa Hurd, City Clerk • • EXECUTIVE SESSION Date: August 7, 2012 Expected length of session: 45 minutes Is action expected following the session: No. Atf the std of E ut jS s`sion,.re �d "participans tha ate' ii3� l st' A"` , v+D • 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. 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 7186 7187 EXECUTIVE SESSION August 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. X 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: 5:00 p.m. Was session extended by announcement: Yes If so, when: 5:45p.m. Time session ended: 5:50 p.m. In attendance: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch[joined at 5:25 p.m.], Di Guilio, Downie, Mania, and Nelson, Interim Manager McKeen, and Attorney Bloor. Mayor City Clerk 2