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HomeMy WebLinkAboutMinutes 10/04/2011• • CITY COUNCIL MEETING Port Angeles, Washington October 4, 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, B. Smith, D. McKeen, N. West, Y. Ziomkowski, L. Dunbar, R. Hostetler, and B. Coons. Mayor Di Guilio led the Pledge of Allegiance to the Flag. CEREMONIAL 1. Domestic Violence Awareness Month MATTERS/ PROCLAMATIONS/ Mayor Di Guilio presented a proclamation to Healthy Families of Clallam County, & EMPLOYEE in recognition of October, 2011, as Domestic Violence Awareness Month. RECOGNITIONS: PUBLIC COMMENT: 2. Communities In Motion Day Mayor Di Guilio presented Mary Bower, Clerk of the Board for Clallam Transit, a proclamation in recognition October 13, 2011, as Communities in Motion Day. 3. National Customer Service Week Mayor Di Guilio presented Manager Myers a proclamation in recognition of National Customer Service Week for the week October 2 — 8, 2011. Manager Myers spoke regarding the City's dedication to providing excellent customer service and stated that a customer service survey is currently available through the end of the year for the public to provide feedback to the City. Andy Stevenson, 653 Seal Rock Road, spoke in favor of the Olympic Discovery Trail Restoration Projects, PK05 -2009 and PK06 -2009. He also asked Council to object to the recent proposal of a four -mile section of the Olympic Discovery Trail by the National Park Service, because of their variance from typical trail widths. Debra Wilson, 115 E. Orcas, spoke in opposition to clear cutting trees at Lincoln Park. Frana Blaylock, 1128 '/z 17`h St., spoke in opposition to clear cutting trees at Lincoln Park. Council discussion followed regarding the Lincoln Park Master Plan. 1 6987 6988 CITY COUNCIL MEETING October 4, 2011 CITY COUNCIL REPORTS: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: Councilmember Nelson spoke in support of the t -shirt fundraising drive by Operation Uplift. Councilmember Mania spoke regarding the upcoming Sprout Film Festival in Sequim, on October 15, 2011. Councilmember Downie spoke regarding his attendance at the Peninsula College Maier Hall rededication, the 125th Anniversary celebration for Merrill Ring, and the Spruce Railroad Trail extension project. He also spoke regarding his meeting with the Astoria Cruise Committee with David Hagiwara and Mike Nimmo, and stated that he would be attending an upcoming Cruise Committee meeting to discuss ways that Port Angeles can support cruise tourism. Mayor Di Guilio spoke regarding the presentation of a proclamation to the crew of the MV Coho by himself and Fire Chief McKeen, in recognition of the crew saving the life of one of their passengers earlier in the year, in part, by the use of an Automatic External Defibrillator device on board. Deputy Mayor Perry spoke regarding the Mayor representing the City at the Vietnam Veterans Memorial Wall traveling exhibit at Olympic Cellars Winery. Deputy Mayor Perry also spoke regarding his attendance with Councilmembers Collins and Kidd at the recent Saturday Farmers' Market. Councilmember Collins spoke regarding his attendance at the recent Saturday Farmers' Market and informed Council that on Thursday, October 6, 2011, there is a Voices for Veterans Stand Down at the Clallam County Fairgrounds. He also c,14f mentioned the upcoming Regional Cittitor.ttra on homelessness on October 20, 2011. Forum No other reports were given. None. Mayor Di Guilio pulled Consent Agenda items, 2011 Structural Evaluation Professional Services Agreement at the request of Councilmember Mania, and Public Display of Fireworks Permit at the request of Councilmember Collins. It was moved by Mania and seconded by Downie to approve the consent agenda to include: 1. City Council Minutes for September 20 as amended, and 27, 2011 2. Expenditure Approval List: 9/10/11 to 9/23/11 for $820,242.46 3. F- Street Feeder 1202 Upgrades, Project CL01 -2009 5. Surplus Vehicles and Equipment 6. Equipment Purchase: V -Body Sander 7. Olympic Discovery Trail (ODT) Restoration Projects, projects PK05 -2009 and PK06 -2009 Motion carried 7 -0. 2 CONSENT AGENDA: (Coned) OTHER CONSIDERATIONS: • CITY COUNCIL MEETING October 4, 2011 4. 2011 Structural Evaluation Professional Services Agreement Councilmember Mania inquired whether there was an approach that included a full replacement of the structure and Public Works and Utilities Director Cutler stated that staff believed a repair would be sufficient. Council discussion followed. It was moved by Mania and seconded by Perry to: Approve and authorize the City Manager to sign the on -call professional services agreement with Sargent Engineers, Inc., with the initial task of project W W05- 2006, Sewer Trestle at Francis & 8`h Street, in an amount not to exceed $ 14,745. Motion carried 7 -0. 7. Public Display of Fireworks Permit Councilmember Collins stated that he wanted to address the private displays of fireworks sometime in the near future because he believed that these were the displays that needed more control. Council discussion followed. It was moved by Collins and seconded by Downie to: Approve Entertainment Fireworks, Inc., to conduct a public display of fireworks on the 14th day of October, 2011, at Civic Field for Port Angeles High School homecoming game. Motion carried 7 -0. 2. PenPly Utility Payment Agreement Manager Myers stated that PenPly has stayed current on their utility bill for the past 60 days. He explained that it was time to develop a payback agreement to start recouping delinquent utility charges and described the terms of the proposed agreement. Council discussion followed. It was moved by Collins and seconded by Perry to: Approve the payback agreement with a total collection from PenPly of $279,419.89 during the next 13 months. Further Council discussion followed. Collins and Perry withdraw their motion and second. It was moved by Collins and seconded by ferry to: Table this agenda item to the next meeting and direct staff to renegotiate the agreement based upon Council discussion. Motion carried 7 -0. 3 6989 6990 CITY COUNCIL MEETING October 4, 2011 OTHER 3. Cascade Land Conservancy Grant CONSIDERATIONS: (Cont'd) Community and Economic Director West described the request from Cascade Land Conservancy to participate in an application for the Federal Department of Housing and Urban Development's Sustainable Communities Planning Grant. He stated that it could help the City with future with current projects, such as the WTIP project, Tree City USA, and landscape design standards. He also stated that Clallam County had recently agreed to be a partner. Councilmember Collins stated, for the record, that he previously was on the Board of Cascade Land Conservancy in Snohomish County, but that he is not currently involved. Council discussion followed. Betsy Carlson, with the Cascade Land Conservancy, explained that the grant would assist local jurisdictions look at sustainability in their areas. She also stated that the grant could help communities be more competitive in going after future Federal grants. Manager Myers stated that it was an excellent opportunity to take a regional approach to planning that doesn't exist here in Port Angeles. Council discussion followed. It was moved by Downie and seconded by Perry to: Authorize the Mayor to sign a letter of support for the grant application. Motion carried 6 -1, with Kidd voting in opposition. Break: Mayor Di Guilio recessed the meeting for a break at 7 :28 p.m. The meeting reconvened at 7:35 p.m. PUBLIC HEARINGS- l . Utility Retail Rate and Fee Adjustments OTHER: Director Cutler introduced Power Resources Manager Dunbar, who then conducted a PowerPoint presentation on the proposed utility retail rate and fee adjustments. Manager Dunbar stated that staff was proposing rate adjustments to the electric utility base rate, cso charges, solid waste collections and recycling, transfer station, and blue mountain. He also listed out proposed fee adjustments. Customer Services Manager Hostetler discussed the City's Utility Discount Program and other available resources for low- income utility customers. Manager Dunbar continued his presentation, discussing the City's utility challenges and rate studies. Council discussion followed regarding recycling charges and the utility electric base rate. Mayor Di Guilio opened the public hearing at 8 :50 p.m. Marilyn Harbaugh, 312 W. 5th St., spoke in opposition to the proposed rate adjustment in the solid waste collection utility regarding recycling. 4 • CITY COUNCIL MEETING October 4, 2011 • PUBLIC HEARINGS- Steve Norwell, 710 N. I St., spoke in opposition to an increase in the electric utility OTHER: base rate and suggested the City increase the consumption rate instead. (Cont'd) Tim Kelley, 2830 Edgewood Dr., asked questions regarding the City's recycling program and Transfer Station. Diane Summerville, 2399 E. 3rd Ave, asked questions regarding Nippon's utility rates. Mayor Di Guilio continued the public hearing at 9:03p.m., to October 18, 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, amending utility fees and rates in Chapters 3.70, 13.12, 13.20, 13.44, 13.54, 13.57, and 13.65, of the Port Angeles Municipal Code. OTHER 1. IAFF #656 Labor Contract CONSIDERATIONS: (Cont'd) Human Resources Manager Coons described the proposed labor agreement with the International Association of Firefighters (IAFF), Local #656. He discussed the terms of agreement and the changes from the previous agreement. He stated that the IAFF has previously ratified and signed the agreement. Council discussion followed. INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: It was moved by Downie and seconded by Mania to: Approve and authorize the Mayor to sign the labor contract between the City and IAFF for the contract period covering January 1, 2011, through December 31, 2012. Motion carried 7 -0. Manager Myers spoke regarding the 2012 Preliminary Budget, the recent Town Hall meeting on the Budget, and the upcoming CSO presentation by Mike Puntenney on October 11, at 6:00 p.m. He reminded Council of the upcoming Crab Festival this weekend, and the student delegation in town this weekend from our Sister City, Mutsu City. 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 42.30.110(1)(i), for the purpose of discussing potential litigation with legal counsel. The Executive Session convened at 9:20 p.m. The Executive Session concluded at 9:53 p.m. No action was taken. ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 9:53 p.m. 044 i • Dan Di Guili r, Mayor :laj a Hurd, City Clerk 6991 • • EXECUTIVE SESSION Date: October 4, 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 6992 6993 EXECUTIVE SESSION October 4, 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: 9:20 p.m. Was session extended by announcement: No If so, when: Time session ended: 9:53 p.m. In attendance: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Downie, Kidd., Mania, and Nelson, Manager Myers, Attorney Bloor, and G. Cutler. 2 City