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HomeMy WebLinkAboutMinutes 06/07/2011• CALL TO ORDER- SPECIAL MEETING: ROLL CALL: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CALL TO ORDER - REGULAR MEETING: ROLL CALL: • CITY COUNCIL MEETING Port Angeles, Washington June 7,2011 Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:32 p.m. Members Present: Mayor Di Guilio, Deputy Mayor Perry, Councilmemhers Collins, Downie, Kidd, and Mania. Members Absent: Councilmember Nelson. Staff Present: Others Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, and Y. Ziomkowski. Craig Miller and Terry Weed. Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for an Executive Session for approximately 30 minutes under the authority of RCW 42.30110(1)(i), for the purpose of discussing potential litigation with legal counsel. The Executive Session convened at 5:32 p.m. The Executive Session concluded at 5:57 p.m. No action was taken. Mayor Di Guilio adjourned the special meeting at 5:57 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, and Mania. Members Absent: Councilmember Nelson. Staff Present: Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, and B. Coons. Mayor Di Guilio stated that Councilmember Nelson was out of town and had previously asked to be excused from the Council meeting. It was moved by Mania and seconded by Kidd to: Excuse Councilmember Nelson from the June 7, 2011, City Council meeting. Motion carried 6-0. 1 6889 6890 CITY COUNCIL MEETING June7,2011 PLEDGE OF ALLEGIANCE: CEREMONIAL MATTERS/ PROCLAMATIONS/ EMPLOYEE RECOGNITIONS: PUBLIC COMMENT: CITY COUNCIL REPORTS: Mayor Di Guilio led the Pledge of Allegiance to the Flag. After the Pledge, Mayor Di Guilio asked everyone to participate in a moment of silence in remembrance of Captain Joe Schultz of Port Angeles, Washington, who died in combat in Afghanistan. 1. American Public Works Association (APWA) Award Public Works and Utilities Director Cutler presented the American Public Works Association (APWA) Washington Chapter 2011 Project of the Year Award for environmental projects over 75 million for the Elwha Water Facilities and the Port Angeles Water Treatment Plant. Mayor Di Guilio asked Community and Economic Development Director West to provide the public with a brief update on the Lincoln Park Master Plan. Director West stated that the City and the Port of Port Angeles were in the development stages of the plan. He explained that there would be numerous opportunities for public input regarding the plan. He also emphasized that no final decisions had been made in this matter. Devon Graywolf, 438 Lopez, submitted petition signatures in opposition of a clear cut of trees in Lincoln Park and read a statement opposing the removal of any trees in Lincoln Park. The following members of the public spoke in opposition to clear cutting trees in Lincoln Park: Monty Johnson, 1448 W. Lauridsen Blvd., William Hunt, 438 Lopez, Don Adams, 1725 W. 5th St., Lily Thomson, 1228 W. 19th St., Lois Danks, 1621 S. F St., and Lincoln Erickson, 4104 S. E St. Barbara Poznanovic, PO Box 113, Joyce, spoke in opposition to approving the CDBG grant application for Peninsula Plywood Group, LLC. Darlene Schanfald, PO Box 2664, Sequim, spoke in opposition to the Farallon Environmental Professional Services Agreement Amendment No. 3, and asked the Council not to spend any more money on the Combined Sewer Overflow Project, but consider alternative plans instead. Councilmember Mania thanked everyone for attending the Port Angeles 5th Street Community Garden's dedication on May 21, 2011. He also spoke regarding the Esprit Festival and how grateful the attendees were to be able to come to such a welcoming community. Councilmember Downie spoke regarding his attendance at the Community Garden dedication, Civic Historic District designation celebration and the Feiro Marine Life Center sculptural sign unveiling. 2 • • CITY COUNCIL REPORTS: (Coned) WORK SESSION: CITY COUNCIL MEETING June 7, 2011 Councilmember Collins spoke regarding his attendance at the Saturday Farmers' Market Council table. Councilmember Kidd thanked everyone for attending the Civic Historic District designation celebration on May 21, 2011. No other reports were given. 1. City Succession Plan Manager Myers described the need for this type of planning in both the private and public sector due to the large portion of the population reaching retirement age in the next five years. He stated that the City was at the forefront of addressing this issue in comparison to other cities in Washington State. Human Resource Manager Coons presented information regarding the City's Succession Plan, stating that numerous department directors and division managers will be eligible to retire in the next three to five years. He described the components of the plan and how it would be utilized, and stated that the Police and Fire Departments already have great succession plans in place at this time. Council discussion followed. 2. Council Training / Public Works Contracting Issues Tabled. Break: Mayor Di Guilio recessed the meeting for a break at 6:55 p.m. The meeting reconvened at 7:03 p.m. PUBLIC HEARINGS - OTHER: 1. Street Vacation Petition — STV 11 -01 / Housing Authority ofClallam County, Portions of Rights-of-Way within the Mt. Angeles View Development Mayor Di Guilio continued the public hearing at 7:05 p.m. to the July 5, 2011, City Council meeting. 2. Community Development Block Grant (CDBG) for Peninsula Plywood Group LLC Director West described the Community Development Block Grant (CDBG) application process for Peninsula Plywood Group, LLC. He stated that the City was interested in this grant because it would provide retention of approximately 95 jobs and create 20 new jobs for our community. He stated that Council should conduct a public hearing and consider passage of a resolution in support of the grant application. He also stated that Director Cutler would pass out handouts to the public, regarding the grant process. The handouts were available in English or Spanish. The handouts were distributed to members of the public in attendance. Mayor Di Guilio opened the public hearing at 7:07 p.m. 3 6891 6892 CITY COUNCIL MEETING June7,2011 PUBLIC HEARINGS - OTHER: (Gant' d) Resolution No. 12 -11 The following members of the public spoke in favor of the grant application: Josh Renshaw, 3012 Oak Crest Loop, Grant Munro, 1765 E. Woodhaven Lane, Raymond Park, 4018 S. Dillard Road, Nicole Simpson, John Ralston, PO Box 898, and Mike Wallach, PO Box 2375. The following members of the public spoke in opposition to the grant application: Robert Casey 316 Viewridge Dr., and Kendall Hargrave, 316 Viewridge Dr. Mayor Di Guilio closed the public hearing at 7 :30 p.m. Director West stated that the City is interested in assisting Peninsula Plywood Mill in continuing its operation and that staff had retained two volunteers to assess the Mill's finances and future plans. The volunteers will advise the City on the current condition of the Mill before any grant agreement is provided. Councilmember Mania stated that he was opposed to voting on either the Resolution or Sub- Recipient Agreement because he was not provided ample time to review the materials provided this evening. Council discussion followed. Manager Myers commended Governor Gregoire and the Washington State Department of Commerce for helping to protect jobs and stated that it isn't typical for the State to get as involved as they have with this grant opportunity. Mark Hannah, 292 Viewridge Dr., explained that he is the former General Manager of Daishowa and has been volunteering his time for the past two weeks assessing Peninsula Plywood Mill. Council discussion followed. Councilmember Mania asked where the money to pay their past utility bill would be coming from. Mayor Di Guilio made a point of order explaining that this was an Executive Session issue. Council discussion followed. Mayor Di Guilio read the resolution by title, entitled, RESOLUTION NO. 12 -11 A RESOLUTION of the City Council certifying to State Department of Commerce compliance with application requirements for funding assistance. It was moved by Collins and seconded by Downie to: Pass the Resolution as read by title. Motion carried 5 -1, with Mania voting in opposition. 4 • • CITY COUNCIL MEETING June 7, 2011 PUBLIC HEARINGS- 3. Community Development Block Grant (CDBG) Sub - Recipient Agreement OTHER: for Peninsula Plywood Group LLC (Cont'd) Director West informed Council that it is urgent to move forward with the Sub - Recipient Agreement and that staff had already provided stipulations to include in the exhibit as part of the agreement. He urged Council to address the agreement at the meeting tonight, or possibly hold a Special City Council meeting later in the week. Attorney Bloor stated that the CDBG Sub - Recipient Agreement is a standard agreement and that the only difference is the terms stipulated in attached exhibits. Council agreed by consensus to add the CDBG Sub - Recipient Agreement to the Agenda. Director West listed the stipulations included in the exhibit to the CDBG Sub - Recipient Agreement with Peninsula PIywood Group LLC as follows: I. Receipt of Business and Operations Plan incorporating suggestions submitted by the volunteers' financial assessment. 2. Move forward with operating costs expenditures as follows: a. Supplies (as invoiced) i. Veneer ii. Logs iii. Glue iv. Polyurethane v. Paper 3. Pay City of Port Angeles $50,000 towards past due amount on utility bill, and must stay current on utility payments to the City. 4. No purchasing of capital equipment 5. No repayment of investors 6. Comply with CDBG required reporting 7. Must pay full utility deposit prior to close out of grant Council discussion followed. Councilmernber Mania and Collins both inquired about requiring a utility deposit to be paid and Council agreed by consensus to add this stipulation to the end of the Sub - Recipient Agreement. Council discussion followed. Mark Hannah projected that the financial assessment would be complete within one week. Council discussion followed. It was moved by Collins and seconded by Perry to: Accept the Grant Award; Authorize the CDBG responsible official to make minor modifications to and sign the agreement with the State Department of Commerce; and authorize the CDBG responsible official to make minor modifications to and sign the Sub- Recipient Agreement, subject to stipulations as stated, with Peninsula Plywood Group LLC. Councilmember Mania stated that he would be voting no on the motion because he did not receive ample time to review the materials provided this evening. Council discussion followed. Motion carried 5-1, with Mania voting in opposition. 5 6893 6894 CITY COUNCIL MEETING June 7, 2011 Break: PUBLIC HEARINGS- OTHER: (Cont'd) PUBLIC HEARINGS — QUASI- JUDICIAL: CONSENT AGENDA: Resolution No. 13 -11 Mayor Di Guilio recessed the meeting for a break at 8:10 p.m. The meeting reconvened at 8:19 p.m. 4. 2011 -2017 Capital Facilities Plan (CFP) and Transportation Improvement Program (TIP) Director Cutler conducted a PowerPoint presentation regarding the 2011 -2017 Capital Facilities Plan (CFP) and Transportation Improvement Plan (TIP). He described the project selection criteria, process, naming conventions, and project worksheets. He showed a list of deleted projects, completed and ongoing projects, and new projects added to the list this year. He showed pictures of current City infrastructure and described improvement plans. He addressed new projects added to the list this year and discussed the projects by department and priority level. Council discussion followed. Mayor Di Guilio opened the public hearing at 9:11 pm. There being no public comment, he continued the public hearing to June 21, 2011. Mayor Di Guilio conducted a first reading of the resolution by title, entitled, RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Capital Facilities Plan and Transportation Improvement Program for 2011-2017. None. Councilmember Collins informed Council that he was not able to vote on the Consent Agenda, as it stands, due to a conflict of interest with his employer. Mayor Di Guilio pulled the Farallon Environmental Professional Services Agreement Amendment No. 3 at the request of Councilmember Kidd, and the Prototype Design Installation — Wayfinding Project, PW -11 -009 at the request of Councilmember Mania. It was moved by Mania and seconded by Kidd to approve the Consent Agenda to include: 1.) City Council Minutes for May 17, 2011; 2.) Expenditure Approval List: 517111 to 5/27/11 for $4,781,776.87; 3.) Police Vehicles 1 Purchase and Retrofit; 4.) Dry Creek Bridge (Project 05 -3I) — Final Acceptance; 5.) Resolution to set Public Hearing — STV 11 -03 Rasmussen /Long — Vacation of Unnamed, Unopened Right- of-Way. Motion carried 5 -0, with Collins abstaining from the vote due to a conflict of interest because of his employer. 6. Farallon Environmental Professional Services Agreement - Amendment No. 3 Councilmember Kidd asked for an explanation of the amendment from Director Cutler, who then described the reasons for the amendment and stated that it isn't considered an increase but an incremental plan, which is the way the agreement was planned to be handled from the beginning. Council discussion followed. • • CONSENT AGENDA: (Coned) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: OTHER CONSIDERATIONS: FINANCE: INFORMATION: CITY COUNCIL MEETING June 7, 2011 Attorney Bloor explained that this phase of the agreement includes soil sampling and testing that assists in the City's defense against possible third -party environmental liability. Council discussion followed. It was moved by Perry and seconded by Downie to: Approve and authorize the City Manager to sign Amendment No. 3 to the Consultant Agreement with Farallon Consulting in an amount not to exceed $1 29,400, which increases the maximum compensation under the agreement from $95,800 to $225,200, and make minor modifications to the agreement if necessary. Motion carried 5 -1, with Mania voting in opposition. 7. Prototype Design Installation — Wayfinding Project, PW -11 -009 Councilmember Mania inquired about sign installation costs. Director West informed Council that it turned out to be more expensive to install signs in the downtown area because of the infrastructure. He also stated that no local bids were received by the City. Council discussion followed. It was moved by Mania and seconded by Kidd to: Award and authorize the City Manager to sign a contract with Red Rock Holding LLC in the amount of $28,135.86, including applicable tax, for the installation of the six (6) signs. Motion carried 6-0. None. None. None. None. None. Councilmember Collins stated that even though he had been previously critical of the Dry Creek Bridge project, he noted that it came in under budget. Manager Myers also spoke regarding the Dry Creek Bridge project coming in under budget. He informed Council that he would email them a summary report and minutes regarding the recent meetings of the Retail Sector group. He spoke about the success of the North Olympic Discovery Marathon and upcoming issues with 7 6895 6896 CITY C OUNCIL MEETING June 7, 2011 INFORMATION: (Cont' d) the Trail closure due to the Combined Sewer Overflow project. He discussed the Farmers' Market Council table program and informed Council that the City and the National Park are soliciting community comments regarding keeping Hurricane Ridge Road winter open for the 2011/2012 season. EXECUTIVE SESSION: None. ADJOURNMENT: Mayor 1 i Guilio adjourned the meeting at 9:31 p.m. Dan Di Guilio, Mayor Jane urd, City Clerk • 6897 EXECUTIVE SESSION Date: June 7, 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 6898 EXECUTIVE SESSION June 7, 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: 5:32 p.m. Was session extended by announcement: No If so, when: Time session ended: 5:57 p.m. In attendance: Mayor Di Guilio, Deputy Mayor Perry, Councilrnembers Collins, Downie, Kidd, and Mania, Manager Myers, Attorney Bloor, Y. Ziomkowski, G. Cutler, T. Gallagher, Craig Miller, and Terry Weed.