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HomeMy WebLinkAboutMinutes 11/06/2012• CALL TO ORDER - SPECIAL MEETING: ROLL CALL: EXECUTIVE 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 November 6, 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, Di Guilio, Downie, Mania, and Nelson. Mernbers Absent: None. Staff Present Manager McKeen, Attorney Bloor, Clerk Flurd, T. Gallagher, B. Olson, N. West, E. Schilke. Based upon input from Attorney Bloor, Mayor Kidd announced the need for an Executive Session, under the authority of RCW 42.30.1100)0) for the purpose of discussing potential litigation with legal counsel, for approximately 45 minutes. The Executive Session convened at 5:01 p.m. 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 6:02 p.m. Members Present: Members Absent: Staff Present Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, Mania, and Nelson. None. Manager McKeen, Attorney Bloor, Clerk Hurd, G. Cutler, K. Dubuc, T. Gallagher, B. Olson, N. West, T. Pierce, H. Greenwood, H. McKeen, J. Simmons, R. Korcz, S. Romberg, D Bellamente, and numerous other PenCom employees. Councilmember Di Guilio led the Pledge of Allegiance to the Flag. Veterans' Day Recognition Mayor Kidd read a proclamation in recognition of Veterans' Day 2012, and recognized all Veterans in Council Chambers for their service. I CITY COUNCIL MEETING November 6, 2012 CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: PUBLIC COMMENT: CONSENT AGENDA: PUBLIC HEARINGS - OTHER: Ordinance No. 3465 2. Employee Recognition / Domestic Violence Victim Advocates City Attorney Bloor and Assistant City Attorney Greenwood recognized City employees Jodi Simmons and Holly McKeen for their dedication and service as Domestic Violence Victim Advocates. Peter Ripley spoke regarding installing adequate curb cuts on South Vine Street from East 3d Street to the YMCA, and adequate curb cuts in other areas of the City. Public Works and Utilities Director Cutler responded to Mr. Ripley's comments and described what the City is doing regarding this issue. Edna Peterson and Marilyn Lamb spoke regarding the upcoming Holiday Extravaganza and invited everyone in the Council Chambers and community to come and shop the event. Mayor Kidd removed the Award 2012 Alley Paving— Project No. TR04 -05 agenda item from the Consent Agenda at the request of Councilmember Mania and moved it to Other Considerations. It was moved by Di Guilio and seconded by Downie to approve the Consent Agenda to include: 1. Expenditure Approval List from 10/06/12 to 10/26/12 for $4,151,023.50 2. City Council Minutes for September 4, 18, and 25, 2012 3. Clallam Public Utility District No. 1 Transformer Use Agreement 4. Lodging Tax Advisory Committee — Appointments 5. Stream Water Quality Monitoring lnterlocal Agreement with Clallam County Motion carried 7 -0. Director Cutler provided a brief description of the Clallam Public Utility District No. 1 Transformer Use Agreement at the request of Mayor Kidd. Council discussion followed. Street Vacation Petition — STV 12 -03 Occhiogrosso, Fountain / Glenwood Avenue Alley Community and Economic Development Director West stated this was the second portion of the public hearing regarding Street Vacation STV 12 -03. He reminded Council this is a documentation of a previous street vacation and informed Council of a minor correction on the Ordinance attachments. Mayor Kidd continued the public hearing at 6:32 p.m. There being no public comment, she closed the public hearing at 6:32 p.m. Councilmember Nelson recused herself due to her employment as a Real Estate Agent with a listing of an adjacent property in the area Mayor Kidd conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3465 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of alley right -of -way in Port Angeles, Clallam County, Washington. 2 • • PUBLIC HEARINGS - OTHER: (Cont'd) Break: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Ordinance No. 3466 CITY COUNCIL MEETING November 6, 2012 It was moved by Collins and seconded by Mania to: Adopt the Ordinance as read by title, citing Condition 1, Findings 1 -10, and Conclusions A -E, identified in Exhibit B of the attached ordinance. Motion carried 6 -0. 2. Revenue Sources for the 2013 Operating Budget / 2013 Property Tax Levy Ordinance and Resolution Manager McKeen and Chief Financial Officer Olson conducted a PowerPoint presentation on the proposed revenue sources for the 2013 Operating Budget and the 2013 Property Tax Levy. Mayor Kidd opened the public hearing on revenue sources at 7:15 p.m. There being no public comment, she closed the public hearing on revenue sources at 7:15 p.m. Mayor Kidd conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, levying ad valorem property taxes for the fiscal year 2013, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. Mayor Kidd opened the public hearing on the property tax levy at 7:16 p.m. There being no public comment, she continued the public hearing to November 20, 2012. Mayor Kidd read the Resolution by title, entitled, RESOLUTION NO A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing an increase in the regular property tax levy of 1 %, or $41,097.16, over the actual levy for 2012. Council discussion followed. Mayor Kidd recessed the meeting for a ten minute break. 1. Code of Ethical Conduct Manager McKeen presented the second reading of the proposed Code of Ethical Conduct, providing a brief history and summary. Mayor Kidd conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3466 AN ORDINANCE of the City of Port Angeles, Washington, establishing a Code of Ethical Conduct, and adding a new Chapter 2.78 to the Port Angeles Municipal Code. Council discussion followed. It was moved by Downie and seconded by Bruch to: Adopt the Ordinance as read by title. Motion carried 7 -0. CITY COUNCIL MEETING November 6, 2012 OTHER I. Waterfront Transportation Improvement Project — West End Design — CONSIDERATIONS: 30% Design FINANCE: CITY COUNCIL REPORTS: Director West provided an update on the Waterfront Transportation Improvement Project. He introduced Bill Grimes from Studio Cascade who presented Council with the 30% design on the West End portion of the project with Dean Koontz from HPB Landscape Architecture. Council discussion followed. Council agreed by consensus to direct staff to move forward with the 60% design phase of the West End Design. 2. Award 2012 Alley Paving — Project No. TR04 -05 Councilmember Mania explained he wanted the item pulled because he does not want large expenditure projects on the Consent Agenda. Council discussion followed. It was moved by Nelson and seconded by Collins to: Award and authorize the City Manager to sign a contract for 2012 Alley Paving, Project Number TR04 -05, with Lakeside Industries, Inc., in the total base bid amount of S93,407.00, and to make minor modifications to the contract, if necessary. Motion carried 7 -0. I . Professional Services Agreement — Integral Consulting Attorney Bloor presented the amendment to the Integral Consulting Agreement regarding the Port Angeles harbor cleanup process, providing a brief history of the original agreement and explaining the proposed amendment is to authorize the budget and tasks to carry the City through negotiation of an Agreed Order. Council discussion followed. It was moved by Downie and seconded by Bruch to: Approve, and authorize the City Manager to sign the second amendment agreement and make minor modifications, if necessary. Motion carried 6 -I, with Mania voting in opposition. Councilmember Nelson spoke regarding her attendance at the Low- Impact Development neighborhood meeting for the 4th Street Stormwater project. She also discussed her attendance at the Saturday Farmers' Market and the Waterfront project groundbreaking, and encouraged individuals to sign up for the Reindeer Run. Councilmember Downie spoke regarding his attendance at the Saturday Farmers' Market and the Waterfront project groundbreaking. He also discussed his upcoming meetings with Director West, Feiro Marine Life Center, and NOAA regarding a joint campus. Deputy Mayor Collins spoke regarding his attendance at the AWC regional luncheon. He also discussed the upcoming regional forum on homelessness. Councilmember Bruch also discussed her attendance at the AWC regional luncheon. No other reports were given. 4 • INFORMATION: CITY COUNCIL MEETING November 6, 2012 Manager McKeen spoke regarding the reports in the packet, stating the final version Utility Rate Ordinance is in the packet for their review. He also spoke regarding the letter sent recently to the Washington State Department of Ecology regarding the numerous environmental projects the City is working on and asking for financial support for these projects. Council discussion followed. ADJOURNMENT: Mayor Kidd adjourned the meeting at 8:35 p.m. ibLa COLGt ialt/ Likel Cherie Kidd, Mayor ) J.arlessa Hurd, City Clerk • • EXECUTIVE SESSION Date: November 6 2012 Expected length of session: 45 minutes Is action expected following the session: No 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 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 EXECUTIVE SESSION November 6, 2012 To evaluate the qualifications of a candidate for appointment to elective office. I- Iowever, 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: 5:01 P.M. Was session extended by announcement: NO If so, when: Time session ended: 5:50 P.M. In attendance: Mayor Kidd, Deputy Mayor Collins, Councilmembers Bruch, Di Guilio, Downie, Mania and Nelson. Manager McKeen, Attorney Bloor, Clerk Hurd, T. Gallagher, B. Olson, N. West and E. Schilke. c0 k Mayor tiud <l 3uu ,t,) City ICkrk • •