HomeMy WebLinkAboutMinutes 09/18/2012•
CALL TO ORDER -
SPECIAL MEETING:
ROLL CALL:
Planning Commission
Interviews:
ADJOURNMENT:
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
CEREMONIAL
MATTERS/
PROCLAMATIONS/
& EMPLOYEE
RECOGNITIONS:
•
CITY COUNCIL MEETING
Port Angeles, Washington
September 18, 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 [via speakerphone],
Councilmembers Bruch, Di Guilio, Downie, Mania, and
Nelson.
Members Absent: None.
Staff Present: Manager McKeen, Attorney Bloor, Deputy Clerk Pierce,
N. West, S. Roberds, and R. Korcz.
Council interviewed Thomas Davis and Charles LeBer for the vacant position on
the Planning Commission. Council discussion followed regarding the applicants.
Mayor Kidd adjourned the Special Meeting at 5:35 p.m.
Mayor Kidd called the regular meeting of the Port Angeles City Council to order at
6:00 p.m.
Members Present:
Members Absent:
Staff Present:
Mayor Kidd, Deputy Mayor Collins [via speakerphone],
Councilmembers Bruch, Di Guilio, Downie, Mania, and
Nelson.
None.
Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler,
K. Dubuc, T. Gallagher, K. Dubuc, N. West, B. Olson, T.
Pierce, D Bellamente, E. Klimek, C. Delikat, D. McBride,
A. Gates, R. Korcz, S. Roberds, B. Coons, M. Hart, and J.
Groves.
Mayor Kidd led the Pledge of Allegiance to the Flag.
1. Ernie Klimek / Water Treatment Plant Operator 4 Certification
Public Works and Utilities Director Cutler presented Water Superintendent Klimek
with his Water Treatment Plant Operator 4 Certification. Mayor Kidd commended
Superintendent Klimek for his hard work and dedication. Superintendent Klimek
thanked everyone.
2. Constitution Week
Mayor Kidd presented Jaydee Price, representative of the Daughters of the
American Revolution, a proclamation in recognition of Constitution Week.
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7203
7204
CITY COUNCIL MEETING
September 18, 2012
PUBLIC COMMENT:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CONSENT AGENDA:
Resolution No. 19 -12
Dick Pilling, 72 Mt. Pleasant Lane, spoke on behalf of the Port Angeles Business
Association and in favor of the Waterfront Transportation and Improvement Plan
(WTIP) project.
Jesse Waknitz, 608 S. Francis St., spoke on behalf of the Port of Port Angeles and
in favor of the WTIP project.
William Hunt, 438 Lopez, spoke against removing trees in Lincoln Park and stated
his objections to the lack of public comment sessions at public meetings regarding
the Lincoln Park Master Plan.
Brian Kuh, 121 E. Railroad Ave., read a statement on behalf of the Port Angeles
Chamber of Commerce in favor of the WTIP project.
None.
Councilmember Bruch asked questions regarding agenda item #4.
Fire Chief Dubuc provided a brief summary of agenda item #6.
Council discussion followed.
It was moved by Di Guilio and seconded by Downie to approve the Consent
Agenda to include:
1. Expenditure Approval List: 08/25/12 to 09/07/12 for $3,666,441.10
2. Amendment No. 1, Professional Services Agreement — City Clerk, Police,
and Mechanical Remodel Projects PD02 and IT03 -2011
3. Utility Retail Rate Adjustments / Set Public Hearing
4. Industrial Transmission Electric Rate Letter Agreement
5. Resolution No. 19 -12 to Set Public Hearing / Street Vacation STV 12 -03
Portion of Fountain/Glenwood Avenue Alley
6. Fire Department — Defibrillator Purchase Agreement
Motion carried 7 -0.
RESOLUTIONS NOT 3. City Manager / Great West 401 -A Deferred Compensation Plan
REQUIRING PUBLIC
HEARINGS: Human Resources Manager Coons described the Resolution which establishes a
401 -A Deferred Compensation Plan. He described the need for the plan due to the
Resolution No. 20 -12 current City Manager opting out of the Washington State PERS retirement plan.
Mayor Kidd read the Resolution by title, entitled,
RESOLUTION NO. 20 -12
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
authorizing 401 -A Profit Sharing Plan.
It was moved by Mania and seconded by Bruch to:
Pass the Resolution as read by title.
Motion carried 7 -0.
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•
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RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
PUBLIC HEARINGS -
OTHER:
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
Resolution No. 21 -12
CITY COUNCIL MEETING
September 18, 2012
1. Healthy Food & Beverage Policy / Wellness Committee
Human Resources Manager Coons described the reason for the proposed policy
stating it was a current Wellness Committee goal based upon encouragement from
the Association of Washington Cities Wellness Group. He stated the policy was
intended to encourage healthy eating and help the City earn the Well -City award
which in turn provides the City a 2% deduction in medical premiums. Council
discussion followed.
Mayor Kidd read the Resolution by title, entitled,
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
establishing a Healthy Food and Beverage Policy for City related
meetings, events and activities.
Council discussion followed. The agenda item was continued to October 2, 2012,
City Council meeting, so that amendments could be made to the policy.
1. Street Vacation Petition — STV12-02 Woods — Portion of Motor
Avenue /Lauridsen Blvd Alley
Community and Economic Development Director West described the proposed
Street Vacation Petition. He stated the Real Estate Committee recommended
moving forward with the vacation. Council discussion followed.
Mayor Kidd opened the public hearing at 6:40 p.m. There being no public comment
she continued the public hearing to October 2, 2012.
Mayor Kidd conducted a first reading the ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion
of alley right -of -way in Port Angeles, Clallam County, Washington.
2. Amendments to City Travel Policy
Human Resources Manager Coons presented amendments to the City's Travel
Policy. He described numerous changes including making the policy applicable to
the City Council. Council discussion followed.
Mayor Kidd read the Resolution by title, entitled,
RESOLUTION NO. 21 -12
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
amending the City Personnel Policy and Procedures for City employees.
It was moved by Mania and seconded by Downie to:
Pass the Resolution as read by title, and amended.
Motion carried 7 -0.
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CITY COUNCIL MEETING
September 18, 2012
ORDINANCES NOT 1. 2012 Budget / Amendment #1
REQUIRING PUBLIC
HEARINGS: Chief Financial Officer Olson presented the amendments to the 2012 Budget, and
discussed the changes needed to reduce the deficit and balance the 2012 Budget.
Council discussion followed.
Mayor Kidd conducted a first reading the ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending the
2012 budget and funds.
2. Authorizing Creation of New Funds and Closing of Selected Existing
Funds
Chief Financial Officer Olson stated as a follow -up to the 2012 Budget amendments
he recommended closing some funds and creating others. He explained this was
being done as a clean -up and clarification effort and stated the State Auditor had
recommended some of these changes as well. Council discussion followed.
Mayor Kidd conducted a first reading the ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of Port Angeles,
Washington, to close certain funds by repealing Ordinance 3352, Section 1
of Ordinance 3024, Section 1 of Ordinance 2812, and Section 2 of
Ordinance 2556; transferring the remaining balances; and creating one new
Internal Service Fund.
3. Ordinance Amendments / Downtown On- Street Parking
Police Chief Gallagher described the proposed ordinance amendments to the Port
Angeles Downtown on- street parking. He explained the recommendations were a
result of collaboration between the Port Angeles Downtown Resource Officer and
the Port Angeles Downtown Association (PADA).
PADA Executive Director Frederick stated she was in support of the parking
amendments and she believed it would help alleviate the numerous parking
complaints she receives. Council discussion followed.
Mayor Kidd conducted a first reading the ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter
10.20 of the Port Angeles Municipal Code relating to Parking.
Break: Mayor Kidd recessed the meeting for a break at 7:38 p.m. The meeting reconvened
at 7:47 p.m.
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• OTHER
CONSIDERATIONS:
•
CITY COUNCIL MEETING
September 18, 2012
1. Planning Commission / Interviews — Appointments
Director West stated two applicants had been interviewed during the Special City
Council meeting immediately preceding this meeting. He asked Council to consider
the appointment of one applicant to fill the vacancy on the Planning Commission.
It was moved by Mania and seconded by Downie to:
Appoint Thomas Davis to the Planning Commission.
Deputy Mayor Collins made a point of order, stating Council normally conducts a
roll -call vote.
Motion and second were withdrawn.
Council conducted a roll -call vote and unanimously approved the appointment
of Thomas Davis to the Planning Commission.
Council discussion followed.
2. Waterfront Development Project / Esplanade TR02 -2003
Manager McKeen opened the agenda item by directing Council's attention to the
project funding synopsis provided in the packet.
Director West provided a summary of the City's efforts and commitment to
changing the waterfront and downtown to inspire redevelopment and economic
development in our community. He stated this project in the foundation and only
one permit is remaining at this time. He described the bid process and stated Primo
Construction was the low bidder, however the bid was still higher than the
engineer's estimate.
He described the work to be completed during this phase of the project and stated
staff was coordinating the work with the Combined Sewer Overflow project to
maintain maximum efficiency. He explained construction management was critical
to a high - quality finished project and described some of the projects items being
placed on hold to pay for the bid coming in over engineer's estimate.
Council discussion followed.
It was moved by Collins and seconded by Downie to:
Approve and authorize the City Manager, contingent upon the receipt of the Army
Corp of Engineers permit, to sign a contract for the Esplanade phase of the
Waterfront Development, Project TR02 -2003, including alternate #1, with Primo
Construction of Sequim, Washington, in the total bid amount of $3,908,476.80,
including applicable taxes; and authorize project TR02 -2003 for the CFP program
in the amount of $4,462,905.60.
Council discussion followed.
Motion carried 6 -1, with Mania voting in opposition.
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CITY COUNCIL MEETING
September 18, 2012
OTHER
CONSIDERATIONS:
(Cont'd)
3. Waterfront Development Project / Construction Management
Director West described the On -Call Construction Management agreement and the
importance of approving it for the success and efficiency of the project.
It was moved by Downie and seconded by Di Guilio to:
Authorize the City Manager to award Task 2 of the current agreement with Vanir
Construction Management, Inc., in an amount not to exceed $299,005; and amend
the agreement to add a scope of work for Task 2 and to make minor modifications
to the agreement, if necessary, contingent upon award of the construction contract
for the Waterfront Transportation Improvement Project (WTIP).
Motion carried 6 -1, with Mania voting in opposition.
4. Waterfront Development Project / On -Call Design Team Services —
Phase 1 Esplanade Construction Project TR02 -2003 — Amendment #2
Director West explained the need to amend the On -Call Design Team Services
agreement, stating it allowed Studio Cascade to assist with construction and design
issues during this phase of the project. Council discussion followed.
It was moved by Nelson and seconded by Downie to:
Authorize the City Manager to award Amendment 2 of the current agreement for
on -call services with Studio Cascade, Inc., in an amount not to exceed $40,000;
authorization is contingent upon award of the construction contract for the
Waterfront Development Project.
Motion carried 6 -1, with Mania voting in opposition.
CITY COUNCIL Councilmember Mania reported on his meeting with a documentary group
REPORTS: regarding the Elwha River Restoration project.
Councilmember Downie reported on his meetings with Nathan West, the Feiro
Marine Board, and NOAA regarding a feasibility study for a waterfront campus. He
also reported on his attendance at the Lower Elwha Klallam Tribe's celebration
regarding the Elwha River Restoration project.
Mayor Kidd reported on the opening of the dog park, progress on the Shane Park
playground equipment installation, and the 50th anniversary celebration for the
William Shore Memorial Pool on September 30, 2012.
Councilmember Bruch thanked everyone for the sympathy cards she received, and
reported the drinking fountain in the hall was not working.
Councilmember Di Guilio reported on the upcoming October 5th ORCAA meeting
in Sequim.
Deputy Mayor Collins reported on his recovery from surgery and stated he hoped to
be in attendance at the October 2, 2012, City Council meeting.
No other reports were given.
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•
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INFORMATION:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
CITY COUNCIL MEETING
September 18, 2012
Manager McKeen noted on the reports included in the packet. He asked Council to
review and provide comments on the spreadsheet used for the WTIP funding
description because it would be used for other projects in the future.
Deputy Mayor Collins asked for a status update on the BTOP project at the next
meeting. Council discussion followed.
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, for approximately 15 minutes. The
Executive /Closed Session convened at 8:42 p.m.
The Executive Session concluded at 9:10 p.m. No action was taken.
ADJOURNMENT: Mayor Kidd adjourned the meeting at 9:10 p.m.
Cherie Kidd, Mayor J. a Hurd, City Clerk
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•
EXECUTIVE SESSION
Date: September 18, 2012
Expected length of session: 15 minutes
Is action expected following the session: No
A
start of Executive
emir
• 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.
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EXECUTIVE SESSION
September 18, 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: 8:42 P.M.
Was session extended
by announcement:
If so, when:
Time session ended: 9:10 P.M.
In attendance:
Mayor Kidd, Deputy Mayor Collins [via
speakerphone], Councilmembers Bruch,
Di Guilio, Downie, Mania, and Nelson.
Attorney Bloor, Manager McKeen,
Directors Cutler, and West.
. 3u •
City ylerk
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