Loading...
HomeMy WebLinkAboutMinutes 05/17/2011• CALL TO ORDER - SPECIAL MEETING: ROLL CALL: 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 May 17, 2011 Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:30 p.m. Members Present: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd [arrived at 5:36 p.m.], Mania, and Nelson. Members Absent: None. Staff Present: Manager Myers, Attorney Bloor, CIerk Hurd, G. Cutler, T. Gallagher, N. West, Y. Ziomkowski, and B. Coons. Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for a Closed Session for approximately 15 minutes 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. The Closed Session convened at 5:31 p.m. The Closed Session concluded at 5:47 p.m. No action was taken. Mayor Di Guilio adjourned the special meeting at 5:47 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, T. Partch, and R. Bonine, Mayor Di Guilio led the Pledge of Allegiance to the Flag. 1. Port Angeles Victory Garden Mayor Di Guilio presented Councilmember Mania and Recreation Manager Bonine with a proclamation in recognition of Port Angeles 5th Street Community Garden's dedication as the first official Community Garden in Port Angeles, on May 21, 2011. Councilmember Mania and Manager Bonine thanked everyone involved in the project. 6878 6879 CITY C©UNCIL MEETING May 17,2011 CEREMONIAL MATTERS/ PROCLAMATIONS/ & EMPLOYEE RECOGNITIONS: (Coned) PUBLIC COMMENT: CITY COUNCIL REPORTS: WORK SESSION: 2. Clallam Transit Employee Appreciation Day Mayor Di Guilio presented Clallam Transit Clerk of the Board Mary Bower a proclamation in recognition of Transit Employee Appreciation Day on May 19, 2011. Clerk Bower thanked everyone on behalf of the Clallam Transit employees. William Hunt, 438 Lopez Avenue, spoke in opposition to the plan to clear -cut trees in the Lincoln Park Master Plan. Devon Graywolf, 438 Lopez Avenue, spoke and sang in opposition to plan to clear - cut trees in the Lincoln Park Master Plan, and submitted a petition to Council to preserve the trees at Lincoln Park. Janet Young, Po Box 1064, spoke on behalf of the Shane Park playground committee, and provided Council with an update on their fundraising efforts. Councilmember Nelson spoke regarding her attendance at the Port Angeles Dog Park Bark and Brew fundraiser. Councilmember Mania spoke regarding his attendance at the Port Angeles Dog Park Bark and Brew fundraiser, the Farmer's Market on Saturday, and his attendance with Councilmember Kidd at the Red Lion Inn to welcome the Annual Esprit Festival attendees. Councilmember Downie spoke regarding his attendance at the Port Angeles Dog Park Bark and Brew fundraiser, and the Port Angeles School District Strategic Plan Education Summit. Councilmember Kidd spoke regarding the upcoming Civic Historic District designation celebration on May 21, 2011. Mayor Di Guilio spoke regarding his attendance at the Farmer's Market on Saturday. No other reports were given. 1. Elwha Valley Road Project — City /County Roadway Easement & Quit Claim Deed Mayor Di Guilio moved this agenda item from the Finance section of the agenda. Mayor Di Guilio recognized Lower Elwha Klallam Tribe (LEKT) Chairwoman Francis Charles and her staff. Public Works and Utilities Director Cutler provided a brief presentation on the Quit Claim Deed and Easement. He explained that the LEKT is deeding to the City a small parcel of land adjacent to Milwaukee Grade and the City is then granting an easement to Clallam County to maintain, alter, and improve the road on part of Milwaukee Grade. The new road will eventually become part of the Clallam County road system. He assured Council that the City would still be granted access for utilities. Chairwoman Charles thanked the Council, City staff, and Clallam County for all of their hard work. 2 • • • • WORK SESSION: (Cunt' d) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: Resolution No. 09 -11 Resolution No. 10 -11 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: Resolution No. 11 -11 CITY COUNCIL MEETING May 17, 2011 It was moved by Perry and seconded by Kidd to: Accept the quit claim deed and grant an easement to Clallam County to alter, repair, improve, and maintain the Elwha Valley Road for county road purposes, and authorize the City Manager to make minor modifications to the easement, if necessary. Motion carried 7 -0. Mayor Di Guilio added the 4th Street Stormwater Project Design Contract Extension to Other Considerations, and a Resolution to set the public hearing for the Street Petition STV 11 -02, Port of Port Angeles, to the Consent Agenda, at the request of Community and Economic Director West. Mayor Di Guilio moved Consent Agenda item, Broadband Technology Opportunities Program (STOP) Professional Services Agreement, to Other Considerations. It was moved by Nelson and seconded by Downie to approve the Consent Agenda to include: 1.) City Council Minutes for April 12, and May 3, 2011; 2.) Expenditure Approval List: 4/23/11 to 5 /6 /11 for $2,312,443.87; 3.) Equipment Purchase: Light Operations Bucket Truck / Contract ES -11 -005; 4.) Simple Steps, Smart Savings Promotion Services Agreement / Project Order -03.3; 5.) Resolution Setting Public Hearing on 2011 -2017 Transportation Improvement Program (TIP) and Capital Facilities Plan (CFP); and 6.) Resolution to set the public hearing for Street Vacation Petition - STV 11 -02, Port of Port Angeles. Motion carried 7 -0. None. 1. Land and Water Applications Fund Grant Application Manager Bonine described the project, stating that the grant would help leverage money to fund the playground at Shane Park. He also stated that the Resolution would show the City's intent to use the $50,000 for the Shane Park playground. Mayor Di Guilio read the Resolution by title, entitled, RESOLUTION NO. 11 -11 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing the City Manager to submit an application for funding assistance from the Land and Water Conservation Fund (LWCF) program project to the Recreation and Conservation Office (RCO) as provided in the LWCF Act of 1965, as amended, for the Shane Park Playground project. It was moved by Mania and seconded by Downie to: Pass the Resolution as read by title. Motion carried 7 -0. 3 6880 6881 CITY COUNCIL MEETING May 17, 2011 OTHER 1. Broadband Technology Opportunities Program (BTOP) Professional CONSIDERATIONS: Services Agreement FINANCE: Police Chief Gallagher described the current situation relating to the BTOP grant. He stated that the City needed to move forward with the Request for Proposals (RFP) to identify the total cost of the project, so that the City could identify the total amount of the in -kind match required. He also stated that previous conversations with NoaNet indicated that the City would have enough in -kind matches to cover whatever the final required amount turned out to be. Council discussion followed. It was moved by Nelson and seconded by Perry to: Award and authorize the City Manager to sign an amendment with Columbia Telecommunications Corporation in an amount not to exceed $65,400, and to make minor modifications to the agreement, as necessary. Motion carried 7 -0. 4th Street Stormwater Project Design Contract Extension Director Cutler introduced Assistant Civil Engineer II Partch, who provided a presentation on the 4th Street Stormwater Project. She stated that the project was a result of flooding issues in the area and that the City had developed two main options to fix these issues. She described the City's preference for the rain garden option and how the homeowners in the area were against this option. She asked Council to consider the alternative hard pipe option. Council discussion followed. It was moved by Nelson and seconded by Mania to: Authorize the City manager to sign Amendment No. 1 to the Professional Services Agreement with PACE engineers, Inc. to complete the design for the 4th Street Stormwater project in an amount not to exceed $168,237.00 and to make minor modifications to the agreement, if necessary. Motion carried 7 -0. 1. Ocean View Cemetery: Columbarium Casting Construction, Project PK -11 -011 Manager Bonine provided a brief description to Council regarding the project to build and install additional Columbaria at the Ocean View Cemetery. Council discussion followed. It was moved by Collins and seconded by Mania to: Amend the 2011 Budget to construct two columbaria castings in the amount of $37,723.20, including sales tax; award and authorize the City Manager to sign a contract with Quiring Monuments in the amount of $37,723.20, including sales tax, for the construction of the two columbaria castings. Motion carried 7 -0. 4 • Break: PUBLIC HEARINGS — QUASI-JUDICIAL: PUBLIC BEARINGS - OTHER: INFORMATION: • CITY COUNCIL MEETING May 17, 2011 Mayor Di Guilio recessed the meeting for a break at 6:57 p.m. The meeting reconvened at 7:03 p.m. None. 1 Street Vacation Petition — STV 11 -01, Housing Authority of the County of Clallam. Director West described the street vacation petition and the Housing Authority of Clallam County's Mt. Angeles View Development redevelopment plans. He stated that the County would need to rededicate roads within the development but that they needed to be vacated first. Mayor Di Guilio opened the public hearing at 7 :05 p.m. There being no public comment he continued the public hearing to June 7, 2011. Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of rights -of -way within the Mount Angeles View Housing Development in Port Angeles, Clallam County, Washington. Manager Myers commended staff for handling matters smoothly during his vacation. He provided updates on the CSO project and reminded Council that Glenn Cutler and Mike Puntenney would be providing an update on the CSO project at the Port Angeles Business Association meeting next Tuesday morning. Manager Myers listed the upcoming events for May 21, 2011, including the Fire Department's Pancake Breakfast, the Civic Historic District designation celebration, and the opening ceremony for the Port Angeles Victory Garden 5th Street Community Garden. He discussed the upcoming meeting for the Retail Sector group, his upcoming presentation to the League of Women Voters on the City's recent accomplishments and plans, and the upcoming public hearing on the Capital Facilities Plan. Glenn Cutler discussed the recent revisions to the CFP, including condensing the plan. Manager Myers and Council discussed the upcoming Budget meeting on May 31, 2011, and decided on 5:30 p.m. as a starting time. Director West provided Council with a brief update on the recent Facade and Signage Grant applications. Councilmember Mania stated that he wanted Council to revisit the use of Action Minutes. 5 6882 6883 CITY COUNCIL MEETING May 17, 2011 EXECUTIVE SESSION: RETURN TO OPEN SESSION: Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for a Executive Session for approximately 30 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 7:21 p.m. The Executive Session was extended by announcement at 7:51 p.m. for 25 minutes. The Executive Session concluded at 8 :17 p.m. No action was taken. ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 8:17 p.m. Dan Di Guilio, a or Janessa Q► d, City Cler 6 • CLOSED SESSION Date: May 17, 2011 Expected length of session: 15 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 6884 6885 EXECUTIVE SESSION May 17, 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. 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: 5:31 p.m. Was session extended by announcement: No If so, when: Time session ended: 5:47 p.m. In attendance: Mayor Di Guilio, Deputy Mayor Perry, Councilmernbers Collins, Downie, Kidd [arrived at 5:36 p.m.I, Mania, and Nelson, .Manager Myers, Attorney Bloor, B. Coons, G. Cutler, N. West, Y. Ziomkowski, and T. Gallagher. 2 • EXECUTIVE SESSION Date: May 17, 2011 Expected length of session: 30 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 6886 6887 EXECUTIVE SESSION May 17, 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: 7:21 p.m. Was session extended by announcement: Yes If so, when: 7:51 p.m. Time session ended: 8:17 p.m. In attendance: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd, Mania, and Nelson, Manager Myers, Attorney Bloor, Y. Ziomkowski, G. Cutler, N. West, and R. Hostetler. 2