HomeMy WebLinkAboutMinutes 08/16/2011•
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CITY COUNCIL MEETING
Port Angeles, Washington
August 2, 2011
CALL TO ORDER- Mayor Di Guilio called the regular meeting of the Port Angeles City Council to
REGULAR MEETING: order at 6:00 p.m.
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
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, D. Beery, D Bellamente, R. Bonine, J. Matthews, J.
Harper, K. Neal, and S. Johns.
Mayor Di Guilio led the Pledge of Allegiance to the Flag.
CEREMONIAL 1. Olympic Peninsula Senior Games Week
MATTERS/
PROCLAMATIONS/ Mayor Di Guilio presented Senior Center Supervisor D Bellamente with a
& EMPLOYEE proclamation recognizing August 21 -28, 2011 as Olympic Peninsula Senior Games
RECOGNITIONS: week.
OTHER 1. Combined Sewer Overflow Professional Services Agreement Amendment
CONSIDERATIONS: No. 11
Mayor Di Guilio asked if Council had any questions for the Washington State
Department of Ecology (DOE) because they would be available by phone only
between 6:15 p.m. and 6:30 p.m. Councilmember Kidd stated that she had
questions regarding the individual permit and litigation protection. Engineering
Manager Neal responded to her questions and Mayor Di Guilio stated that Council
would still call DOE at the available time.
PUBLIC COMMENT: Devon Graywolf, 438 Lopez, submitted additional petition signatures against clear
cutting trees in Lincoln Park.
The following members of the public spoke in opposition to clear cutting trees in
Lincoln Park:
Devon Graywolf, 438 Lopez,
William Hunt , 438 Lopez, and
Debra Wilson, 115 E. Orcas Ave.
Andrew Schwab, 116 E. 10th St., spoke in favor of the City conducting a Retail
Market Analysis with the Buxton Company.
Darlene Schanfald, PO Box 2664, Sequim, spoke in opposition to the Brown &
Caldwell Contract amendment.
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CITY COUNCIL MEETING
August 2, 2011
OTHER 1. Combined Sewer Overflow Professional Services Agreement Amendment
CONSIDERATIONS: No. 11
(Cont'd)
Robert Bergquist and Greg Zentner from the Washington State Department of
Ecology (DOE) attended the meeting by speakerphone. Councilmember Kidd
inquired why the individual permit was needed to protect DOE and the City from
litigation. Robert Bergquist responded that the individual permit was needed
because the construction project was on a contaminated site and the general permit
did not allow for complexities of that nature. Council discussion followed.
It was moved by Perry and seconded by Nelson to:
Approve and authorize the City Manager to sign Amendment No. 11 to the
Consultant Agreement With Brown and Caldwell, in an amount not to exceed
$224,500, which increases the maximum compensation under the agreement from
$3,968,915 to $4,193,415, and to make minor modifications to the agreement, if
necessary.
Motion carried 6 -1, with Mania voting in opposition.
Break: Mayor Di Guilio recessed the meeting for a break at 6:58 p.m. The meeting
reconvened at 7:07 p.m.
QUASI- JUDICIAL 1. Ralston Rezone REZ 11 -01, West of Porter Street and Park Avenue
MATTERS — Not
Requiring Public Mayor Di Guilio asked Council the standard qualifying questions for quasi-judicial
Hearings:. matters and all Councilmembers responded that they could hear the matter fairly.
No members of the public objected.
FINANCE:
Economic and Community Development Director West stated that this was a closed
record hearing and that the Planning Commission recommended denial of the
rezone application. He introduced Associate Planner Johns, who conducted a brief
presentation on the matter. Planner Johns summarized that the proposed rezone
property could not be rezoned as a high- density zone because the Comprehensive
Plan did not support this zoning change and there were no other high- density zones
in the area. Council discussion followed.
It was moved by Mania and seconded by Kidd to:
Concur with the recommendation of the Planning Commission to deny the
requested rezone based on findings 1 -12, and conclusions A -D, in Attachment A,
which are attached to become a part of these minutes.
Motion carried 7 -0.
1. City Council Chambers & Conference Room Audio Systems
Finance Director Ziomkowski stated that the current Council Chamber Audio
system was over 20 years old and total replacement of the system is needed. She
described the new proposed system including the options of adding a system to the
Jack Pittis Conference Room, Engineering Conference Room, and a portable
conferencing system. Council discussion followed.
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FINANCE:
(Cont'd)
CITY COUNCIL MEETING
August 2, 2011
It was moved by Collins and seconded by Mania to:
Award the base contract in the amount of $91,207.57, plus the optional system of a
portable conferencing microphone system in the amount of $9,519.75, for a total
amount not to exceed $100,727.32.
Motion carried 7 -0.
WORK SESSION: 2. Conditions Assessment and Cost Analysis — Historic Firehouse,
(Cont'd) 215 South Lincoln Street
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
WORK SESSION:
Director West introduced City Archaeologist Beery, who provided a presentation
regarding the conditions assessment and cost analysis for the building at 215 South
Lincoln Street. He stated that the building was structurally sound but needed some
immediate work to prevent damage to the back of the building. He also provided a
cost analysis for a complete renovation of the building. Manager Myers stated that
the Real Estate Committee recommended that the City take the next six months to
determine a municipal purpose for the building, as required by State law, and look
for feasible grant sources. If these cannot be found, then they recommended selling
the building. Council discussion followed.
It was moved by Mania and seconded by Downie to:
Accept the recommendation of the Real Estate Committee, which is to use a six
month period to determine whether the building has any municipal purpose and
research grant funding sources; if these two criteria are not met the City should sell
the building to a private buyer who will restore the building; and if it is not sold
within a six month period then the Council should reconvene and consider the
future of the building.
Motion carried 7 -0.
Mayor Di Guilio appointed a committee of the Council to determine the municipal
purpose of the building, and to seek funding for renovation, including
Councilmembers Kidd, Mania, Perry, and to invite the County to appoint members
as well.
None.
1. Mid -Year 2011 Financial Report
Director Ziomkowski provided a PowerPoint presentation regarding the Mid -year
2011 Financial Report summarizing the City's financials as of June 30, 2011. She
also discussed the City's new process, budgeting for priorities, and the upcoming
budget schedule. Council discussion followed.
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WORK SESSION:
(Cont'd)
Break:
CITY COUNCIL
REPORTS:
CONSENT AGENDA:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
FINANCE:
(Cont'd)
3. Downtown Parking Enforcement During Special Events
Manager Myers stated that this agenda item was at the request of Deputy Mayor
Perry. Deputy Mayor Perry described recent issues related to downtown parking
during special events and asked Council to discuss the possibility of eliminating
parking enforcement on the Fridays prior to special event weekends. He also
expressed concerns regarding charges at The Gateway parking structure during the
last weekend for parking spots that are normally free of charge. Council discussion
followed.
Manager Myers stated that staff will consult with the Port Angeles Downtown
Association, the Port Angeles Business Association, and Clallam Transit and then
bring back recommendations to Council at a later meeting.
Mayor Di Guilio recessed the meeting for a break at 8:58 p.m. The meeting
reconvened at 9:06 p.m.
None.
It was moved by Mania and seconded by Nelson to approve the Consent
Agenda to include:
1. City Council Minutes for July 19, 2011,
2. Expenditure Approval List: 7/9/11 to 7/22/11 for $772,555.59, and
3. 2011 Power Line tree Trimming Contract, WF #133412 -03.
Motion carried 7 -0
1. Ordinance Establishing Hearings Examiner Position
Director West stated that the first reading had been conducted and staff had been
directed to identify funding sources. Staff now recommends that the funding
discussion take place during budget discussions at the September 6, 2011, City
Council meeting.
Mayor Di Guilio continued the second reading of the Ordinance to the City Council
meeting on September 6, 2011.
1. 2001 Electric Revenue Bond Refinancing
Director Ziomkowski stated that staff had found a favorable refinance interest rate
of 3.5% with First Federal, a local bank. She summarized that refinancing would
save the City approximately $100,000.
It was moved by Collins and seconded by Kidd to:
Authorize the Finance Director to negotiate the terms of a loan for the 2001 Electric
Revenue Bonds, with First Federal.
Motion carried 7 -0.
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INFORMATION:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
CITY COUNCIL MEETING
August 2, 2011
Manager Myers spoke regarding the reports included in the packet, meetings at the
Port Angeles Senior Center regarding the Rayonier Site and the soil dioxin study
hosted by the Washington State Department of Ecology, the Waterfront &
Transportation Improvement project, the upcoming meeting between the City of
Victoria Parks & Recreation Director and Recreation Manager Bonine, the Buxton
Company's presentation regarding the Retail Market Analysis, an upcoming
meeting with the Port Angeles Chamber of Commerce regarding the new tagline for
the City of Port Angeles, and a recent tour provided by the City of Anacortes
regarding redevelopment of their downtown and waterfront areas. Council
discussion followed.
Based upon input from Attorney floor, Mayor Di Guilio announced the need for an
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,
and for a Closed Session under 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 Executive and Closed Session convened at 9 :23 p.m.
The session was extended by announcement for 20 minutes at 9:54 p.m.
The Executive and Closed Session concluded at 10 :20 p.m. Council reconvened in
regular open session and added a new agenda item: Proposal to retain an outside
Attorney to help prosecute Krei Architecture for City of Port Angeles and Clallam
Transit claims arising out of the Gateway project.
It was moved by Downie and seconded by Perry to:
Authorize the City Manager to retain Ryan, Swanson & Cleveland, PLLC, for
purposes of prosecuting City of Port Angeles and Clallam Transit claims against
Krei Architecture.
Motion carried 7 -0.
ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 10:20 p.m,
Dan l i Guilio, Mayor
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Hurd, City Clerk
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ATTACHMENT "A"
FINDINGS, AND CONCLUSIONS TO DENY REZONE APPLICATION — REZ 11 -01
Findings:
1. An application to rezone 5 parcels (approximately 1.87 acres) was submitted by Zenovic
and Associates on behalf of property owner John Ralston to the Department of Community
and Economic Development on May 12, 2011. The application was deemed to be
complete on May 24, 2011.
The entire City Comprehensive Plan and Land Use Map were reviewed with respect to the
proposal. The following elements, goals, policies were found to be most relevant to the
proposal: Land Use Element Goal A, Policies A.1 & 2, and Objective A.1; Land Use
Element Goals B & C and Policies C.1 and C4.
3. The City's Comprehensive Plan Land Use Map is the guiding document in determining the
consistency of the City's zoning and establishes an expected framework for land use
decisions within the City. The zoning of any property must be consistent with the
Comprehensive Plan Land Use Map
4. Changes to the Zoning Map must be in the public interest and must be consistent with the
Comprehensive Plan in accordance with Section 17.03.020 of the Port Angeles Municipal
Code.
• 5.
The area proposed for rezone is designated Low Density Residential (LDR) on the City of
Port Angeles' Comprehensive Plan Land Use Map with a small area of the site located in
the imprecise margin between the High Density Residential (HDR) designation to the north
and the site designation of LDR.
6. A rezone is considered a spot zone if it meets any of the following three criteria: 1.) The
rezone primarily serves a private interest, 2.) The rezone is inconsistent with the
comprehensive plan or surrounding territory, or 3.) The rezone constitutes an arbitrary or
capricious action.
7. Other properties in the area that are designated to be considered for upzoning to High
Density Residential (north of Park Avenue) are located in the HDR area land use
designated on the Comprehensive Plan Land Use Map and either have not been developed
or remain zoned Residential Medium Density.
8. No other parcels in the vicinity are zoned RHD.
9. The vicinity is largely developed with low density residential uses south of Park Avenue.
10. No other landowners in the area are requesting any upzoning. Several comment letters
were received from surrounding property owners indicating that they do not believe high
density development is appropriate for the area south of Park Avenue.
11. The SEPA Responsible Official issued a Determination of Non - Significance on July 7,
2011. This satisfies the City's State Environmental Policy Act review. Future
development actions will require individual review dependent on the action.
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12. Notice of the rezone application was placed in the Peninsula Daily News on June 24, 2011.
Mailing labels were provided by the applicant, and surrounding property owners were
notified by mail on May 24, 2011. The site was posted on June 21, 2011. Written
comment was taken on the proposal until July 6, 2011. Several comment letters in
opposition to the proposal were received from neighbors as a result of the legal notification
and site posting.
Conclusions:
A. Other areas exist within the neighborhood that could develop to a high intensity land use
but that development has not occurred. As presented, the proposal is a single proposal that
appears to serve a single private interest. No supporting documentation was submitted to
indicate a need for additional high density residential zoning in the City or in this particular
neighborhood.
B. Most of the site is designated Low Density Residential on the City's Comprehensive Plan
Land Use Map with only a small portion of the site along Park Avenue in the imprecise
margin between the High Density Residential and Low Density Residential designations.
C. Development trends in the area and in the City do not indicate a recognized need for higher
density housing. Such a need would need to be documented and an amendment made to
the Comprehensive Plan Land Use Map in order to approve the rezone. Currently, the
rezone is inconsistent with the Comprehensive Plan and Land Use Map.
D. As proposed the rezone would constitute an illegal spot zone because the rezone primarily
serves a private interest and is inconsistent with the City's Comprehensive Plan or the
surrounding territory and, as such, constitutes an arbitrary or capricious action.
Ado • d by the Port Angeles City Council at its meeting of August 2, 2011.
Dan DiGuilio, Mayor
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EXECUTIVE SESSION
Date: August 2, 2011
Expected length of session: 30 minutes
Is action expected following the session: Possible.
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.
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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: 9:23 p.m.
Was session extended
by announcement: Yes
If so, when: 9:54 p.m.
Time session ended: 10:20 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, B. Coons [left at 9:34 p.m.], and
D. McKeen [left at 9:34 p.m.].
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Cit fferk
Mayor
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