HomeMy WebLinkAboutMinutes 11/01/2011•
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
November 1, 2011
Mayor Di Guilio called the special meeting of the Port Angeles City Council to
order at 5 :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, and B. Coons.
Based upon input from Attorney Bloor, Mayor Di Guilio announced the need for an
Executive Session under the authority of RCW 42.30.110(1)(i), for the purpose of
discussing potential litigation with legal counsel, and a Closed Session under the
authority of RCW42.30.140(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, for approximately 45 minutes. The Executive /Closed Session convened
at 5:01 p.m.
The Executive /Closed session concluded at 5:39 p.m. No action was taken.
Council discussion continued regarding use of the Council's laptop computers.
Mayor Di Guilio adjourned the special meeting at 5:41 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, R. Korcz, C. Delikat, D. Bellamente, R. Hostetler,
and S. Roberds.
Mayor Di Guilio led the Pledge of Allegiance to the Flag.
American Planning Association — WTIP Design Award
Jill Sterrett, American Planning Association President presented a design award to
the City and Studio Cascade for the Waterfront and Transportation Improvement
Project Plan. Mayor Di Guilio accepted the award on behalfofthe City.
1
7003
7004
CITY COUNCIL MEETING
November 1, 2011
CEREMONIAL
MATTERS/
PROCLAMATIONS/
& EMPLOYEE
RECOGNITIONS:
(Coned)
PUBLIC COMMENT:
WORK SESSION:
1. 9/11 Memorial Recognitions
Mayor Di Guilio introduced Alan Barnard who then recognized the Port Angeles
Police Department, Fire Department, PenCom, and Parks and Recreation
Department for their contributions and service regarding the Francis Street Park
9/11 Monument,
Devon Graywolfand William Hunt, 438 Lopez, spoke against clear cutting trees in
Lincoln Park and provided an alternative proposal called "Plan of the People
Lois Danks, 1621 S. F St., spoke in favor of the alternative proposal regarding the
improvement of Lincoln Park and spoke against increasing electric utility base rate,
asking Council to only increase the usage rate, if necessary.
Darlene Schanfald, Sequim, spoke in opposition to the City's request to be
appointed as a trustee on the Natural Resource Damages Assessment Trustee
Council.
Cassandra Graham, 110 E. 10th St., spoke in opposition to raising electric utility
rates.
Susan Hinton, 521 E. 10th St., spoke in opposition to raising electric utility rates.
Manager Myers announced the upcoming Lincoln Park Master Plan Consultant
Open House on November 30, 2011, at 5:30 p.m., in the City Council Chambers.
Port Angeles Farmers' Market Update
Patty Hannah, Board President for the Farmers' Market provided Council with an
update regarding the Market's performance for 2011, and noted an increase in sales
for the Saturday Market from 2010.
Market Manager, Cynthia Warren, provided an update to Council as well, noting
specific issues at The Gateway Center and a recent market assessment conducted in
August.
2. Waterfront Transportation .Improvement Project (WTIP) Esplanade 60%
Design Submittal
Community and Economic Development Director West introduced Bill Grimes,
with Studio Cascade, who conducted a PowerPoint presentation regarding the 60%
design submittal for the WTIP Esplanade. Council discussion followed.
Steve Zenovic with Zenovic and Associates, provided project cost and construction
cost summary estimates. Council discussion followed.
Bill Grimes also discussed the proposed east entryway monument. Council
discussion followed.
Break: Mayor Di Guilio recessed the meeting for a break at 7 :10 p.m. The meeting
reconvened at 7:20 p.m.
2
•
PUBLIC HEARINGS -
OTHER:
CITY COUNCIL MEETING
November 1, 2011
1. 2012 Budget -- Revenues and Property Tax Levy
Finance Director Ziomkowski conducted a PowerPoint presentation on 2012 City
revenues, including a specific presentation on property taxes.
Mayor Di Guilio opened the public hearing at 8:30 p.m.
There being no public comment, he continued the public hearing to November 15,
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, levying ad
valorem property taxes for the fiscal year 2012, and directing the City
Clerk to certify said amount to the Board of Clallam County
Commissioners.
Port Angeles Municipal Code Amendments — MCA 11 -01, Chapters 5, 14,
16, 17, and 18.
Community and Economic Director West introduced Planning Manager Roberds
who presented Council information regarding the proposed code amendments,
stating that most amendments dealt with clarifying existing regulations. One
change includes a proposal to increase the fence height allowed from six feet to
eight feet for certain portions of a property. Council discussion followed.
Mayor .Di Guilio opened the public hearing at 9:00 p.m.
Noelle Fuller, 1215 E. 3rd St., spoke in opposition to proposed amendment to the
fence height requirements.
Mayor Di Guilio continued the public hearing at 9:02 p.m.
Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising Chapters
5.32, 14.40, 16.04, 16.08, 16.12, 17.08, 17.24, 17.34, 17.94, and 18.04 of
the Port Angeles Municipal Code relating to updating and clarifying
sections of the Code.
Break: Mayor Di Guilio adjourned the meeting for a break at 9:03 p.m. The meeting
reconvened at 9:10 p.m.
3
7005
7006
CITY COUNCIL MEETING
November 1, 2011
OTHER
CONSIDERATIONS:
FINANCE:
1. PenPly Payback Agreement
Manager Myers stated Council had tabled this agenda item twice to make revisions
and to allow for a representative from Peninsula Plywood to be available to answer
questions. He also stated the requested revisions have been made regarding
penalties and interest.
Josh Renshaw, 3012 Oakcrest Loop, President of Peninsula Plywood, thanked
Council and staff for their support. He discussed the proposed payback agreement
and asked Council to table the agreement until PenPly was finished with their
comprehensive business plan. Council discussion followed.
It was moved by Collins and seconded by Perry to:
Table the agenda item until the December 6, 2011, City Council meeting.
Motion carried 7 -0.
1. OIyCAP Loan Debt Retirement Request
Councilmember Downie recused himself stating he is a member on the Board of
Directors of OIyCAP.
Mayor Di Guilio stated he is a past board member and employee of OlyCAP, but is
no longer employed with OIyCAP. He also stated he would recuse himself if
Council requested, and Council agreed by consensus that it wasn't necessary.
Councilmember Collins recused himself stating that he is employed by a similar
agency to OIyCAP.
Councilmembers Downie and Collins left the City Council Chambers.
Director West described the letter the City received from OIyCAP regarding the
payback of an existing loan of $30,000, stating OIyCAP requested the City consider
the loan a grant. He explained staff's concerns regarding this request including
fund stability and precedence.
Tim Hockett, Executive Director of OlyCAP described the services provided by
OIyCAP, as well as the history of the loan and grant issued in 2006. He asked
Council to consider extending the term of the loan if they are not willing to the
convert it to a grant. Council discussion followed.
It was moved by Perry and seconded by Kidd to:
Postpone the loan repayment for four years and authorize the Mayor to sign the
loan amendment.
Motion carried 5 -0.
Councilmembers Downie and Collins returned to the City Council Chambers.
•
•
CONSENT AGENDA:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Ordinance No. 3439
CITY COUNCIL MEETING
November 1, 2011
Councilmember Mania requested the City Pier Fire Suppression System / Project
PK 03 -09 agenda item be removed for discussion.
It was moved by Mania and seconded by Perry to approve the Consent Agenda
to include:
1. City Council Minutes for October 18, 2011
2. Expenditure Approval List: 10/8/11 to 10/24/11 for $2,228,890.65
3. City Pier Fire Suppression System / Project PK 03 -09
4. Material Purchase: Wood Power Poles / Contract LO -11 -026
5. Contract ES -11 -005 Change Order -- Light Operations Bucket Truck
Motion carried 7 -0
6. City Pier Fire Suppression System / Project PK 03 -09
Councilmember Mania asked questions of staff regarding the proposed system.
Council discussion followed.
It was moved by Mania and seconded by Kidd to:
Approve and authorize the City Manager to award and sign a construction contract
for the base bid for the City Pier Fire Suppression System Project in the amount of
$137,589.95, and to make minor modifications to the contract, if necessary.
Motion carried 7 -0.
1. Electric Utility Retail Rate Adjustments
Public Works and Utilities Director Cutler stated the Ordinance had been changed
to reflect Council's direction to include half the proposed increase on the electric
utility base rate, and the other half on the energy charge. He also stated the low
income and disabled rate payers base rate would not change. Council discussion
followed.
Mayor Di Guilio conducted a third reading of the ordinance by title, entitled,
ORDINANCE NO. 3439
AN ORDINANCE of the City of Port Angeles, Washington, amending utility
fees and rates in Chapter 3.12 of the Port Angeles Municipal Code.
It was moved by Perry and seconded by Downie to:
Adopt the Ordinance as ready by title.
Motion carried 6 -1, with Collins voting in opposition.
Council discussion followed.
5
7007
7008
CITY COUNCIL MEETING
November 1, 2011
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
Resolution No. 18 -11
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CITY COUNCIL
REPORTS:
INFORMATION:
EXECUTIVE SESSION:
ADJOURNMENT:
I . Natural Resource Damages Assessment Trustee Council — Request for
City to be Appointed as a Trustee
Manager Myers stated the Trustee Council formed several months ago to oversee
the Natural Resource Damages Assessment process for the Rayonier site. He
explained staff's proposal to send a letter requesting the Governor appoint a
representative from the City of Port Angeles to also serve on the Trustee Council.
He emphasized it served the City's interest because the community could stay
involved in the site. Council discussion followed.
Mayor Di Guilio read the Resolution by title, entitled,
RESOLUTION NO. 18 -11
A RESOLUTION of the City Council of the City of Port Angeles, Washington
requesting appointment to the Natural Resources Damages Assessment
(NRDA) Trustees Council for the Rayonier site.
Council discussion followed.
It was moved by Kidd and seconded by Perry to:
Pass the Resolution as read by title, and authorize the Mayor to send a letter to the
Governor requesting that the City be appointed as a Natural Resource Trustee for
the Rayonier Mill site.
Motion carried 6 -1, with Mania voting in opposition.
It was moved by Collins and seconded by Nelson to:
Extend the City Council meeting beyond 10:00 p.m.
Motion carried 7 -0.
None.
None.
Manager Myers spoke regarding the reports included in the packet; the continued
Special City Council meeting on the Budget on November 3, 2011, at 5:30 p.m.; the
impact of State and County Budget cuts on the City; and Recreation Manager
Bonine's recent meeting with City of Victoria Recreation staff
None.
Mayor Di Guilio adjourned the , eeting at 10:04 p.m.
Di Guihi ,, Mayor - ' fa'a Hurd, City Clerk
6
•
•
EXECUTIVE SESSION
Date: November 1, 2011
Expected length of session: 45 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
7009
7010
EXECUTIVE SESSION
November 1, 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.
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: 5:01 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended: 5:39 p.m.
In attendance:
Mayor Di Guilio, Deputy Mayor Perry,
Councilmembers Collins, Downie, Kidd,
Mania, and Nelson, Manager Myers,
Attorney Bloor, G. Cutler, T. Gallagher,
D. McKeen, and B. Coons.
2
City erk