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HomeMy WebLinkAboutMinutes 05/03/2011• 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 May 3, 2011 Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:31 p.m. Members Present: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd, Mania, and Nelson. Members Absent: None. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, N. West, Y. Ziomkowski, and R. Hostetler. Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for a Executive Session for approximately 20 minutes under the authority of RCW 42.30.110(1)(i), for the purpose of discussing potential litigation with legal counsel. The Executive Session convened at 5:31 p.m. The Executive Session concluded at 5:51 p.m. No action was taken. Mayor Di Guilio adjourned the special meeting at 5 :51 p.m. Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present; Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd, Mania, and Nelson. Members Absent: None. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, T. Pierce, B. Smith, R. Hostetler, and M. Puntenney. Mayor Di Guilio led the Pledge of Allegiance to the Flag. National Public Works Week Proclamation Mayor Di Guilio presented Public Works and Utilities Director Cutler with a proclamation in recognition of National ,Public Works Week, May 15 — 21, 2011. Director Cutler praised his department and their desire to provide high quality service, and described the events taking place during that week. 6867 6868 CITY COUNCIL MEETING May 3, 2011 CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: (Cant' d) PUBLIC COMMENT: CITY COUNCIL REPORTS: Director Cutler announced that the City Port Angeles Water Treatment Plant and the Elwha River water facilities projects, funded by the National Park Service, received recognition by the Washington State American Public Works Association, Washington Chapter, as Project of the Year in the environmental area, for projects over 75 million dollars. 2. ACEC 8th Street Bridge Award Director Cutler Glenn stated that the City received the 2011 Engineering Excellence National Silver Award in the Transportation Category from the American Council of Engineering Companies for the 8th Street Bridges. He introduced the President of Exeltech Consulting Inc., Santosh Kuruvilla. Mr. Kuruvilla stated that it was a great pleasure to work with Director Cutler and his team at the City. He also stated that the other members of the 8th Street Bridges project were in the audience and listed the local firms that had also assisted with the project. He presented Mayor Di Guilio with the award and complimented Director Cutler for delivering a great project. 3. Citizen Life - Saving Awards Fire Chief McKeen conducted a PowerPoint presentation regarding the community's goal to decrease the number of sudden deaths in our community. He described the steps taken including Automated External Defibrillator (AED) placement around the City, CPR training, and donated AED devices by local service clubs. He described a recent event on January 7, 2011, at Peninsula College, where an employee's life was saved due to this training and availability of an AED. He then introduced Peninsula College President Tom Keegan, who presented Citizen Life - Saving Awards to the individuals who helped save the life of Alvin Johnson. He presented awards to Josh Pozgay, Nate Thompson, and Allan Steigerwald. Andy Pierrot also contributed to the event but was not able to attend the ceremony. Alvin Johnson thanked the City for the award ceremony, the Rotary Club for their donation of the AED, the individuals who help ed save his life, and Peninsula College for their support. ChiefMcKeen also stated that the Port Angeles Police Department was working towards a goal of having an AED in every patrol car, and that 13 AEDs had been donated to date by the Rotary Club and Olympic Medical Center Foundation. Ed Hopfner, 1234 E. 6tn St., spoke in favor of the water fluoridation. Councilmember Mania spoke regarding the community garden and thanked Home Depot for their assistance and volunteering with the fence. He also talked about his visit in Victoria with one of the City of Victoria Councilmembers, and the May Day event at the Fine Arts Center. Councilmember Downie spoke regarding the William Shore Memorial Pool's EGGstravaganza event on Easter weekend, and the first meeting of the new Retail Sector Planning Group. 2 • • CITY COUNCIL REPORTS: WORK SESSION: CITY COUNCIL MEETING May3,2011 Mayor Di Guilio spoke regarding his meeting with Manager Myers and the County regarding City /County cooperation and their discussion of ways for the two Planning Departments to work together. He also suggested that the City send a thank you letter to Horne Depot for their assistance with the Community Garden fence. Deputy Mayor Perry spoke regarding the 4Ist Annual Lions Club District Conference in Port Angeles, stating that they drew close to 240 members and their families to the area, including members from Victoria. He also spoke regarding his trip with Manager Myers and Port Angeles businesses leaders to the City of Victoria to meet with other business leaders. Councilmember Collins spoke regarding the First Annual Clallam Earth Day beach clean -up and thanked City staff for their support. No other reports were given. 1. Hearings Examiner Economic and Community Development Director West and Attorney Floor conducted a PowerPoint presentation regarding the City using a Hearings Examiner system. They addressed the legal benefits, applications, costs and necessary Port Angeles Municipal Code changes regarding the system. They also stated that Washington Cities Insurance Authority, who provides our liability insurance coverage, has been encouraging cities to use a hearings examiner system for years to reduce liability, and that over 90% of cities have instituted the system, Director West stated that the recommendation to Council was to direct staff to draft Port Angeles Municipal Code changes to establish a Hearings Examiner and authorize review of land use applications and appeals; and direct staff to issue a request for proposal for a Hearings Examiner. Council discussion followed. Manager Myers stated that staff would bring back more information on how this would be funded when they brought back a contract for Council consideration. It was moved by Perry and Seconded by Mania to: Direct staff to move forward with the examination of the Hearings Examiner system. Motion carried 7 -0. Break: Mayor Di Guilio recessed the meeting for a break at 7 :06 p.m. The meeting reconvened at 7 :13 p.m. PUBLIC HEARINGS -- None. QUASI - JUDICIAL: 3 6869 6870 CITY COUNCIL MEETING May 3, 2011 PUBLIC HEARINGS - OTHER: PUBLIC HEARINGS - OTHER: (Coned) Ordinance No. 3429 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: 1. Street Vacation Petition — STV 1101, Mt. Angeles View — Housing Authority of Clallam County Mayor Di Guilio continued the public hearing at 7:15 p.m. There being no public comment he continued the public hearing to May 17, 2011. 2. Street Vacation Petition — STV 10 -03, Broadway Addition - Almaden Director West described the Street Vacation Petition, stating that it vacated a portion of the alley in the Broadway Addition. He described the history of the vacation and stated that Public Works Department stated that a utility easement was no longer necessary in this area. He read one correction to Finding 10, stating that the last sentence regarding the easement was deleted. Mayor Di Guilio continued the public hearing at 7:20 p.m. There being no public comment, he closed the public hearing. Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3429 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of alley in Broadway Addition, Port Angeles, in Clallam County, Washington. Council discussion followed. It was moved by Downie and seconded by Collins to: Concur with the recommendation of the Planning Commission and Adopt the Ordinance as read by title, citing Condition 1, Findings 1 -16, and Conclusions A -E identified in Exhibit "A "; base the final compensation to the City upon a final determination by City staff regarding the actual square footage of the subject area; and to strike the second sentence of Finding 10 from the record. Motion carried 7 -0. None. It was moved by Nelson and seconded by Perry to approve the Consent Agenda to include: 1.) City Council Minutes for April 5, 13, and 20, 2011; and 2.) Expenditure Approval List: 4/9/11 to 4/22/11 for $3,637,790.10. Motion carried 7 -0. 4 • • • ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Ordinance No. 3430 RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: OTHER CONSIDERATIONS: FINANCE: INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING May 3, 2011 1. Electric and Water Meter Clearance Ordinance Amendments Director Cutler stated that there were no changes made to the Ordinance Amendment since the first reading. Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled, ORDINANCE NO. 3430 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapters 13.10 and 13.28 of the Port Angeles Municipal Code relating to Electric Utility. It was moved by Nelson and seconded by Downie to: Adopt the Ordinance as read by title. Motion carried 7 -0. None. None. None. Manager Myers spoke regarding his attendance at the Community Service Awards presentation and thanked Councilmember Kidd for the invitation. He described the recent meeting of the Think -Buy Local committee and stated that the City would set an example for the community by purchasing as much as possible locally. He described his trip with Deputy Mayor Perry and Port Angeles businesses leaders to the City of Victoria to meet with other business leaders, and discussed his meeting with the City of Victoria's Parks and Recreation Director regarding possible joint promotion of events in both Victoria and Port Angeles. Manager Myers reminded Council of the events taking place on May 21, including the Esprit Convention, Community Garden dedication, and the Civic Historic District celebration. None. Mayor Di Guilio adjourned the meeting at 7:34 p.m. Dan Di Guilio, Mayor Jan 5 Hurd, City Clerk 6871 • EXECUTIVE SESSION Date: May 3, 2011 Expected length of session: 20 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. 6872 6873 EXECUTIVE SESSION May 3, 2011 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: 5:31 p.m. Was session extended by announcement: No If so, when: Time session ended: 5 :51 p.m. In attendance: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd, Mania, and Nelson, Manager Myers, Attorney Bloor, G. Cutler, R. Hostetler, N. West, and Y. Ziomkowski. Z/°>61erte/4 Mayor 2