HomeMy WebLinkAboutMinutes 10/02/2012•
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:
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CITY COUNCIL MEETING
Port Angeles, Washington
October 2, 2012
Mayor Kidd called the special meeting of the Port Angeles City Council to order at
5:32 p.m.
Members Present: Mayor Kidd, Deputy Mayor Collins, Councilmembers
Bruch, Downie, Mania, and Nelson.
Members Absent: Councilmember Di Guilio.
Staff Present: Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler,
K. Dubuc, T. Gallagher, N. West, B. Olson, and B. Coons.
It was moved by Mania and seconded by Bruch to:
Excuse Councilmember Di Guilio from the October 2, 2012, Special City Council
meeting.
Motion carried 6 -0.
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 a Closed Session under the
authority of RCW 42.30.140(4)(b) for the purpose of planning, or adopting, the
strategy or position to be taken by the City during the course of collective
bargaining, for approximately 20 minutes. The Executive /Closed Session convened
at 5:33 p.m.
The Executive /Closed Session concluded at 5:51 p.m. No action was taken.
Mayor Kidd adjourned the special meeting at 5:51 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, Downie, Mania, and Nelson.
Members Absent: Councilmember Di Guilio.
Staff Present: Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler,
K. Dubuc, T. Gallagher, N. West, B. Olson, L. Dunbar, M.
Puntenney, S. Romberg, C. Johnson, T. Agesson, T.
Nevaril, R. Anderson, and P. Lusk.
Councilmember Nelson led the Pledge of Allegiance to the Flag.
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CITY COUNCIL MEETING
October 2, 2012
CEREMONIAL 1. Cindy Johnson / Retirement from PenCom
MATTERS/
PROCLAMATIONS/ Mayor Kidd, Chief of Police Gallagher, and Pencom Manager Romberg presented
& EMPLOYEE Cindy Johnson with a shadow box and framed group of shoulder badges in
RECOGNITIONS: recognition of her recent retirement from PenCom.
PUBLIC COMMENT:
2. Distinguished Budget Presentation Award
Mayor Kidd presented Chief Financial Officer Olson and Senior Accountants
Nevaril and Agesson with a Distinguished Budget Award for the 2012 Budget.
3. Domestic Violence Awareness Month
Mayor Kidd read aloud a proclamation in recognition of October as Domestic
Violence Awareness month.
Marilyn Harbaugh, 312 W. 5th St., commended Recreation Manager Bonine for his
service to the City and for his work with the community garden and bringing in
volunteers. She asked Council to remember all the ways an employee can
contribute to the City to benefit the City financially. She also spoke regarding
making The Gateway Center look more inviting during the days it is not used for
the Farmers' Market.
Norma Turner, 3928 Mt. Angeles Rd., spoke in opposition to Consent Agenda
items No. 4 and No. 5 regarding the Marine Drive Feasibility Study.
Shirley Nixon, PO Box 178, spoke in opposition to Consent Agenda items No. 4
and No. 5 regarding the Marine Drive Feasibility Study.
CONSENT AGENDA: Mayor Kidd pulled items 4 through 7, from the Consent Agenda at the request of
Councilmember Bruch and Mania.
Clerk Hurd read aloud changes to the August 21, and 28, 2012, City Council
minutes.
It was moved by Nelson and seconded by Downie to approve the Consent
Agenda to include:
1. Expenditure Approval List: 9/8/12 to 9/21/12 for $667,566.48
2. City Council Minutes, as amended, for 8/21/12 and 8/28/12
3. Landfill Stormwater Utility Repair, Project SW -12 -020 / Final Acceptance
Motion carried 6 -0.
4. Marine Drive Pedestrian Crossing Feasibility Study Interlocal Agreement
with Port of Port Angeles
Director of Community and Economic Development West provided background
regarding the Feasibility Study of the Marine Drive Pedestrian Crossing. He stated
the Port of Port Angeles received funds from the Federal government and was
looking to work with the City with some in -kind matching funds to move forward
with a Feasibility Study. Council discussion followed.
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! CONSENT AGENDA: It was moved by Collins and seconded by Downie to:
(Cont'd)
PUBLIC HEARINGS -
OTHER:
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CITY COUNCIL MEETING
October 2, 2012
Approve and authorize the City Manager to sign an Interlocal Agreement with the
Port of Port Angeles for the Marine Drive Pedestrian Crossing Feasibility Study,
and include in the scope of the agreement a pedestrian behavior analysis, and to
make minor modifications to the agreement, as necessary.
Council discussion followed.
Motion carried 4 -2, with Mania and Bruch voting in opposition.
1. Proposed Utility Retail Rate Adjustments
Public Works and Utilities Director Cutler opened the presentation by introducing
Deputy Director of Power Systems Dunbar. Deputy Director Dunbar conducted a
PowerPoint presentation regarding the proposed utility retail rate adjustments. He
provided a brief summary of historical rates, the City's Utility Discount Program,
and rate studies.
Deputy Director Dunbar introduced Engineering Manager Neal who then provided
a brief presentation on the proposed rate increases to the Stormwater Utility. She
explained the increases were due in part to the requirements of the National
Pollutant Discharge Elimination System (NPDES) Permit, future projects, and
recurring capital needs.
Manager McKeen presented the proposed Harbor Clean-up Mandate Surcharge,
discussing the need for the utility rate charge to cover legal expenses regarding the
Port Angeles Harbor Clean-up.
Councilmember Bruch recused herself from the discussion due to her employment
with the Lower Elwha Klallam Tribe.
Attorney Bloor provided legal background on the Harbor Clean-up issue describing
how the City was recently named as a Potentially Liable Party for the
contamination in the Port Angeles Harbor. He described the anticipated legal and
clean-up process and possible associated costs.
Chief Financial Officer Olson described how funds from the Harbor Clean -up
Surcharge would be accounted for in the Wastewater Utility Fund.
Manager McKeen continued his presentation regarding the Harbor Clean-up
Surcharge and discussed his recent communication with the Washington State
Department of Ecology regarding all of the recent financial impacts placed on the
citizens of Port Angeles. He stated the Department of Ecology could have grants
available in the future to offset some of these costs.
Chief Financial Officer Olson provided a brief description of the City's utility rates
as they relate to depreciation and full funding of replacement assets. He stated the
City needed to work to fund the replacement of its assets, and recommended the
City move in the direction of funding replacement over time.
Deputy Director Dunbar provided a summary of the proposed rate adjustments for
the Electric, Wastewater, Stormwater, Solid Waste, and Transfer Station Utilities.
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CITY COUNCIL MEETING
October 2, 2012
PUBLIC HEARINGS -
OTHER:
(Cont'd)
Ord. 3460
Mayor Kidd opened the public hearing at 8:08 p.m.
Ed Chadd, 307 W. 6th St., asked Council to look to the future, because maintenance
is cheaper than replacement, and told Council not to kick the can down the road.
Shirley Nixon, PO Box 178, spoke regarding her disappointment that handouts of
tonight's presentation were not provided for the public. She expressed concern for
increased utility rates and spoke regarding a number of issues she is disappointed
with because they have not stabilized or decreased rates. She stated the Automated
Meter Infrastructure project was supposed to provide cost savings for the utility but
the project still isn't fmished. She added comments regarding the recently time -of-
use rates and how they should result in increased revenue. She expressed her
concerns regarding Nippon Paper Industries, its ability in the near future to generate
their own power, annual base rate, dedicated seat on the Utility Advisory
Committee, and insisted a water meter should be installed at the service meter in by
Nippon on the Industrial Water Line. She also spoke regarding the proposed Harbor
Clean -up Surcharge and expressed her disdain for referring to the issue as a
mandate. She discussed appreciation for the new Finance Director and City
Manager. She also expressed disappointment that the graving yard settlement was
spent on economic development instead of infrastructure maintenance.
Mayor Kidd continued the public hearing at 8:19 p.m. to October 16, 2012, and
read the ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, relating to
utilities, adding new sections 13.12.065, 13.12.066 and 13.65.035 and
making changes to Chapters 13.12, 13.54, 13.57, 13.63 and 13.65 of Title
13 of the Port Angeles Municipal Code.
1. Street Vacation Petition — STV 12 -02 Woods / Portion of Motor
Avenue /Lauridsen Blvd. Alley
Director West presented the proposed street vacation stating no changes had been
made since the previous meeting and no objections had been received.
Mayor Kidd continued the public hearing at 8:22 p.m. There being no public
comment, she closed the public hearing. Mayor Kidd conducted a second reading of
the ordinance by title, entitled,
ORDINANCE NO. 3460
AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion
of alley right -of -way in Port Angeles, Clallam County, Washington.
Council discussion followed.
It was moved by Collins and seconded by Downie to:
Adopt the ordinance as ready by title, citing Condition 1, Findings 1 -10, and
Conclusions A -E, in support of the action.
Motion carried 6 -0.
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CITY COUNCIL MEETING
October 2, 2012
Break: Mayor Kidd recessed the meeting for a break 8:24 p.m. The meeting reconvened at
8:34 p.m.
OTHER
1. Wild Olympics Wilderness and Wild & Scenic Rivers Act of 2012, S.
CONSIDERATIONS: 3329
Mayor Kidd opened the public comment session regarding the Wild Olympics issue
by offering 30 minutes to each side of the issue. After Council discussion the
Mayor limited public comment to two minutes for each speaker, not to exceed 60
minutes total.
Deputy Mayor Collins stated for the record he is the President of the Friends of the
National Park.
The following individuals spoke in favor of the Wild Olympics Wilderness and
Wild & Scenic Rivers Act of 2012, S. 3329:
Norm Schaaf, 785 Little Loop Dr.
Dr. Joyce Huesemann, 345 Lost Mountain, Sequim
Ralph Turner, 2828 Eggloff Rd., Sequim
Michael Bunnell, 121 Horizon View Dr., Sequim
Robbie Mantooth, 2238 E. Lindberg Rd
Bob Lynette, 220 Strawberry Field, Sequim
Darlene Schanfald, 901 Medsker Rd., Sequim
Mary Bedinger, 297 Blue Mt. Road
Connie Gallant, Chair of the Wild Olympics Campaign
Janet Marx, 112 Lockerby Place
Dorothea French, 838 W. 12th St.
Morgan Colonel, 123 Lake Aldwell Rd.
Ed Johnson, 312 E. 12th St.
Tim McNulty, 168 Lost Mountain Lane, Sequim
Oliver Garrard, 408 Orcas
Nelson Cone, 52 Henusa Lane
Bill McPherson, 405 S. Alder
Shirley Nixon, PO Box 178
Bill Vollman, 233 Bell Bottom Rd, Sequim
Ed Chadd, 307 W. 6th St.
Randall McCoy, 112 E. 11t St.
Norma Turner, 3928 Mt. Angeles Rd.
C. Panellie
Bob Freeland, 520 E. 10th St.
Patti Grave, Deer Park Rd.
The following individuals spoke in opposition to the Wild Olympics Wilderness
and Wild & Scenic Rivers Act of 2012, S. 3329:
Glen Wiggins, 702 Caroline St.
Harry Bell, 1216 E. 2"d St.
Dick Pilling, 72 Mt. Pleasant Heights Lane, and of behalf of the Port Angeles
Business Association
Rod Farley
Dick Goodman, 221 Holly Circle
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CITY COUNCIL MEETING
October 2, 2012
OTHER
CONSIDERATIONS:
(Cont'd)
Ed Bowen, PO Box 101, expressed a neutral position regarding the Wild Olympics
Wilderness and Wild & Scenic Rivers Act of 2012, S. 3329.
Council discussion followed.
It was moved by Mania and seconded by Bruch to:
Pass a resolution in support of the Wild Olympics Wilderness and Wild & Scenic
Rivers Act of 2012, S. 3329.
It was moved by Collins to table the item, and the motion carried 5 -1, with
Mania voting in opposition. Council discussion followed.
Break: Mayor Kidd recessed the meeting for a break at 9:49 p.m. The meeting reconvened
at 10:00 p.m.
It was moved by Downie and seconded by Bruch to:
Continue the meeting past 10:00 p.m.
Motion carried 6 -0.
OTHER Council discussion continued regarding when the Wild Olympics issue should be
CONSIDERATIONS: brought back for discussion.
(Cont'd)
It was moved by Collins and seconded by Downie to:
Remove the agenda item from the table and continue it to November 20, 2012.
Motion carried 6 -0.
CONSENT AGENDA: 5. Marine Drive Pedestrian Cross Feasibility Study; On Call Structural/Civil
(Cont'd) Engineering Agreement Amendment No. 4
It was moved by Collins and seconded by Downie to:
Approve and authorize the City Manager to sign Amendment No. 4 to the On -Call
Structural and Civil Engineering Professional Services Agreement with Sargent
Engineers Inc., in the amount of $18,343, which increases the maximum
compensation under the agreement from $101,160 to $119,503, and to make minor
modifications to the agreement, if necessary.
Council discussion followed.
Motion carried 4 -2, with Mania and Bruch voting in opposition.
6. Landfill Beach Nourishment Project SW -01 -2009 / Award
It was moved by Mania and seconded by Bruch to:
Table the agenda item to the next regularly scheduled City Council meeting.
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CONSENT AGENDA:
(Cont'd)
CITY COUNCIL MEETING
October 2, 2012
Manager McKeen expressed concerns due to the urgency of the project and
Director Cutler explained it was required as part of the permit issued by the U.S.
Department of Fish and Wildlife. Council discussion followed.
Motion failed 2 -4, with Collins, Downie, Kidd, and Nelson voting in opposition.
Director Cutler showed pictures of the area and stated his concerns regarding
finishing the project before the winter weather season.
It was moved by Nelson and seconded by Downie to:
Approve and authorize the City Manager to sign the construction contract for the
Landfill Beach Nourishment project, contract SW -01 -2009, in the amount of
$35,880.40, including applicable taxes, and authorize a total project amount of
$36,800.00, which includes contingency funds.
Motion carried 4 -2, with Mania and Bruch voting in opposition.
7. 110 E. Railroad Avenue / Lease Agreement
Councilmember Mania recused himself stating he has a business relationship with
Bob Stokes and left the City Council chambers.
Attorney Bloor provided a brief history of the lease agreement. Council discussion
followed.
It was moved by Downie and seconded by Bruch to:
Authorize the City Manager to sign the attached amendment to the lease agreement
for the building at 110 E. Railroad Avenue and to approve minor changes to the
amendment.
Motion carried 5 -0. Councilmember Mania returned to the Chambers.
ORDINANCES NOT 1. 2012 Budget / Amendment #1
REQUIRING PUBLIC
HEARINGS: Chief Financial Officer Olson stated this was a second reading of the proposed
ordinance to amend the 2012 Budget and no changes had been made since the first
Ord. 3461 reading. Mayor Kidd conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3461
AN ORDINANCE of the City of Port Angeles, Washington amending the
2012 budget and funds.
It was moved by Downie and seconded by Bruch to:
Adopt the ordinance as read by title.
Motion carried 6 -0.
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CITY COUNCIL MEETING
October 2, 2012
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
Ord. 3462
Ord. 3463
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
Res. 22 -12
2. Authorizing Creation of New Funds and Closing of Selected Existing
Funds
Chief Financial Officer Olson stated this was a second reading of the proposed
ordinance and no changes had been made since the first reading. Mayor Kidd
conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3462
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.
It was moved by Downie and seconded by Bruch to:
Adopt the ordinance as read by title.
Motion carried 6 -0.
3. Ordinance Amendments / Downtown On- Street Parking
Police Chief Gallagher stated no changes had been made since the first reading and
they had successfully dealt with one letter received regarding the proposed changes.
Mayor Kidd conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3463
AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter
10.20 of the Port Angeles Municipal Code relating to Parking.
It was moved by Downie and seconded by Bruch to:
Adopt the ordinance as read by title.
Motion carried 6 -0.
1. Healthy Food & Beverage Policy / City Wellness Program
Human Resources Manager Coons discussed the changes made at the request of
Council at the last City Council meeting. Council discussion followed.
RESOLUTION NO. 22 -12
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.
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RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
Res. 22 -12
OTHER
CONSIDERATIONS:
CITY COUNCIL
REPORTS:
INFORMATION:
EXECUTIVE SESSION:
ADJOURNMENT:
CITY COUNCIL MEETING
October 2, 2012
It was moved by Mania and seconded by Bruch to:
Pass the resolution as read by title.
Motion carried 6 -0.
2. Landfill Cell Stabilization Drainage Repair, Project SW -02 -2012 (Phase
1A)
Director Cutler provided a PowerPoint presentation regarding the Landfill Cell
Stabilization Drainage Repair project. Council discussion followed.
It was moved by Bruch and seconded by Nelson to:
1) Approve and authorize the City Manager to sign the construction contract
for the Landfill Cell Stabilization, project SW -02 -2012 (Phase 1A), in the amount
of $151,304.72, including applicable taxes, and authorize the expenditure of up to
$50,000 for disposal of waste at the Port Angeles Solid Waste Transfer Station and
a 5% change order contingency, and
2) Approve amending the 2012 budget for an additional expenditure of
$201,305 from the Landfill Post - Closure Fund for project SW -02 -2012 (Phase 1A).
Council discussion followed.
Motion carried 6 -0.
3. Port Angeles Chamber of Commerce / Semi - Annual Report
Agenda item continued to November 6, 2012.
Councilmember Downie spoke regarding his attendance with Director West at the
ICSC Conference in San Diego.
Deputy Mayor Collins thanked Chief Gallagher for the BTOP update report.
Councilmember Bruch discussed the small portion of the population that is
sensitive to wireless internet. No other reports were given.
Manager McKeen spoke regarding the reports in the packet, the upcoming Lincoln
Park Master Plan Open House on October 10th, and the upcoming BTOP ribbon
cutting ceremony on October 8`h
None.
Mayor Kidd adjourned the meeting at 11:05 p.m.
CjitAiLu
Cherie Kidd, Mayor
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Jan �,s�a Hurd, City Clerk
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EXECUTIVE SESSION
Date: October 2, 2012
Expected length of session: 20 minutes
Is action expected following the session: No
participantsAhat -
• 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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7226
EXECUTIVE SESSION
October 2, 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: 5:33 P.M.
Was session extended
by announcement: NO
If so, when:
Time session ended: 5:51 P.M.
In attendance:
Mayor Kidd, Deputy Mayor Collins,
Councilmembers Bruch, Downie, Mania,
and Nelson.
Manager McKeen, Attorney Bloor, and
Directors G. Cutler, K. Dubuc, T.
Gallagher, B. Olson, N. West, and B.
Coons.
(3 fi ,LL12 -1-( S D
Mayor
Ciy qerk
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