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HomeMy WebLinkAboutMinutes 01/20/2009 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: PUBLIC CEREMONIES/ PRESENTATIONS: WORK SESSION: Save the Pool Committee, Metropolitan Park District, Operation of William Shore Memorial Pool e 6386 CITY COUNCIL MEETING Port Angeles, Washington January 20, 2009 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: None. Staff Present: Manager Myers, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, N. West, L. Kheriaty, R. Bonine, C. Delikat, S. Roberds, M. Puntenney, and J. Lafferty. Public Present: K. Evans, T. Moore, K. & K. Winn, 1. Halkett, L. Crowley, G. Shield, L. Welch, O. Grimes, S. Jones, D. Ashwell, J. Miller, C. Ward, R. Dickinson, K. & R. Larson, P. Lamoureux, C. Temres, E. Kelly, B. Hall, A. Snell, D. Nouss, 1. Jones, M. Doherty, R. Reid, B. Lewinski, C. Gitmache, R. Gabriel, V. Hilken, M. Kesl, D. Cross, R. Melvin, W. Carson, and K. Troub. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Rogers, followed by a moment of silence in reflection of the inauguration of President Obama and in memory of Teresa Pierce's step-son, who passed away this past week. Paul Lamoureux, 602 Whidby, extended a welcome to Manager Myers and his wife. He noted medical expenses that must be paid for those incarcerated injail at a time the Pool is scheduled for closure, and he discussed fluoridated water in the Pool. John Halkett, 836 W. 5th Street, was originally opposed to any election for the Pool, but after talking with Councilmember Kidd, he now spoke in support of an election, if the tax base isn't too large. Mayor Braun welcomed new City Manager Kent Myers to Port Angeles. 1. Save the Pool Committee, Metropolitan Park District, and Operation of William Shore Memorial Pool: Krista Winn, 3131 Regence Street, Save the Pool Chair, provided an update of the deliberations of each of the Committee's action teams, along with associated recommendations regardIng an election for a Metropolitan Park District. She informed the Council that $30,864.92 in pledges and donations have been received to date, one of which was a memorial donation in the name of recently deceased Michael Fish. Ms. Winn summarized upcoming fundraising events that have been scheduled, such as rescue relays, a dinner/silent auction, and a benefit concert, with projected revenue of $12,000.00. Delhur Industries, Inc., just donated $20,000, so the total financial commitment to date is $62,864.92. Ms. Winn reviewed the previous time line established - 1 - 6387 CITY COUNCIL MEETING January 20, 2009 WORK SESSION: (Cont'd) Save the Pool Committee, Metropolitan Park District, Operation of William Shore Memorial Pool (Cont'd) \.! j~' whereby the group needed to show the results of fundraising efforts by February 17, 2009, and she reviewed meetings held with City staff to discuss donations, the potential for refunds, and Pool operations on a month-to-month basis. Based on the success ofthe a fundraising efforts, Ms. Winn indicated the Save the Pool Committee is now requesting ., that the City Council agree to keep the Pool open through May 31, 2009. This will provide the time needed to educate the community on the possible ballot measure. It is intended that the Committee will return to the Council on April 21, 2009, with its next presentation. On behalf of the Save the Pool Committee, Ms. Winn presented the following recommendations: Election Costs: A 50/50 split between the City and the County Boundaries: Port Angeles School District Boundaries Elected or Appointed Board Members: Appointed Board of City and County officials and community members, with an appointed citizens advisory committee; enter into an interlocal agreement within six months of election certification relating to Board Name: Include "Pool" in the title; suggested some possible names Boundary Review Board: Would determine that boundaries are clearly defined Election Date: May Limit Taxing Authority: Place a taxing limit or cap in ballot language; need for business plan in determining proposed levy rate and recommended IS-year lease Ms. Winn provided a time line for the submission of resolutions to provide for a May election. She indicated the Save the Pool Committee is prepared to run a powerful campaign, and she emphasized the Pool is a priority to the community. She reiterated the group's request that the Pool remain open through May 31, 2009, and she asked that the Council acknowledge the Committee's preliminary work and allow membersto work with City and County officials to develop an effective plan. Manager Myers invited questions and discussion from the Council, and a question was raised as to the mechanics of accepting donations, providing tax deduction forms, and perhaps issuing refunds should an election fail. Attorney Bloor provided clarification, and following further discussion, it was acknowledged that the donations are intended for Pool operations and extension ofthe closure date only. The donations, therefore, should not be subject to refund. Also addressed was the matter of establishing boundaries for an election, and the question was asked as to whether a profile of Pool users had been formulated in order to determine the appropriate election boundaries. Attention was directed to election costs and the logical split with the County, based on the boundaries to be determined. Mike Doherty, County Commissioner, 617 South B Street, was invited to speak. Commissioner Doherty presented a welcome gift to Manager Myers. He noted that any comments he might provide this evening do not necessarily reflect a Commission decision. Having said that, he indicated the consensus of the Commissioners is to proportionally split the cost of the election, and he explained the potential danger in setting a precedent by splitting election costs any other way. He emphasized that a proportional split, as compared to a 50/50 split, is a relatively small amount of $6,000. He felt the boundaries of the Port Angeles School District seem to be logical, as the Crescent School District wouldn't add much. The Commission appears to be leaning towards an appointed Board, and he expressed the opinion that, out of fundamental fairness, the Board should be comprised of two City Councilmembers, two County Commissioners, and the chair of the advisory committee as an independent voice. Mr. Doherty indicated the Commissioners hadn't discussed a name, and he felt that boundary review shouldn't be an obstacle. An election date as soon as possible was favored by Mr. Doherty, and he supported a IO-year lease with a levy fixed at a lower amount, as the public shouldn't be afraid that the amount will be increased later. He felt there is support e - 2 - WORK SESSION: (Cont'd) e Save the Pool Committee, Metropolitan Park District, Operation of Willi am Shore Memorial Pool (Cont'd) e Break CITY COUNCIL MEETING January 20, 2009 6388 for a sunset period, and he suggested consideration of using Graving Yard settlement funds into the fall for next year's budget considerations. Discussion followed between the Council and Mr. Doherty, and he responded to a question that he was doubtful that the County Opportunity Fund would cover operations, plus it is to be strictly tied to economic development. It was noted that funds derived from an election would not be forthcoming until April, 2010, so the question was asked as to how operations could be funded immediately. Jim Jones, County Administrator, 2106 Seabreeze Place, indicated that once the issue is settled and a board seated, the MPD would be able to borrow money based on its future revenue stream. The MPD would have access to the same funding agencies as any municipal government. Discussion also centered around an elected vs. an appointed board, and the fact that any limitations could not be imposed within the ballot proposition. The City and County could, however, agree to a limitation by resolution prior to the vote. A question was raised as to the mechanics of potentially adding other facilities to the District at some future date, and clarification was provided that such an addition can only be done by the District Board, not the City or the County. The matter of the City setting a precedent was introduced as relates to the potential closure of other City facilities, such as Civic Field. The question was also raised that, if the Pool were to be closed, how the City would meet the 30-day notice requirement and pay the Pool staff. The Save the Pool group would report back to the Council on April 2151 with the status of fundraising efforts in order to allow for the 30-day notice requirement. Manager Myers sought consensus from the Council. The Council agreed to the Port Angeles School District boundary, with Councilmember Williams speaking in opposition. The Council agreed to an appointed board, with Councilmembers Rogers and Williams speaking in opposition. By consensus, the Council agreed to a proportional split with the County on the cost of the election, and it was noted the actual cost of the election needs to be provided. Various suggestions were made as to the name, but it was agreed that matter could be considered later. The Council agreed there should be a separate, preliminary action to set a limit on the levy amount. It was agreed that further information on the lease conditions and term is required, to include the proposal that a levy renewal will be presented to the voters at some pre-determined date. By consensus, the Council agreed to an extension of Pool operations to May 31, 2009. In the interest of being complete, Attorney Bloor informed the Council that the formation of a new district is subject to SEP A review, but he didn't foresee a problem in terms of a time delay. He listed the potential election dates and factored in the time needed for notification and review by the Boundary Review Board. For a May 19th election, a Resolution must be adopted by the City and County and filed with the Boundary Review Board by February 2,2009. Director West provided additional information regarding the SEP A review, indicating the County would likely take jurisdiction with 30 - 60 days for review.. Director Cutler indicated the Pool maintenance is typically done in June, but if a May election date is anticipated, then maintenance would likely take place during a different month. Because of the February 2nd notification deadline for the Boundary Review Board, the Council felt a special meeting should be held to consider a Resolution initiating the formation of a Metropolitan Park District. The meeting was set for Tuesday, January 27,2009, at 6:00 p.m. On the matter of extending the operation ofthe Pool, Councilmember Wharton moved to. keep the Pool open through May 31, 2009. The motion was seconded by Councilmember Perry and carried 6 - 1, with Councilmember Williams voting in opposition. Mayor Braun recessed the meeting for a break at 8: 10 p.m. The meeting reconvened at 8:21 p.m. - 3 - 6389 CITY COUNCIL MEETING January 20, 2009 PUBLIC HEARINGS - QUASI-JUDICIAL: Campbell Avenue Planned Residential Development Phase I Final Approval Ordinance No. 3357 PUBLIC HEARINGS - OTHER: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Parking Violations Ordinance Ordinance No. 3358 1. Campbell Avenue Planned Residential Development Phase I Final Approval: Community & Economic Development Director West related that the Campbell Avenue Planned Residential Development/subdivision (PRD) was preliminarily approved in e March, 2006. The site is located on the south side of Campbell Avenue between Porter and Wabash Streets, and approval was given for the development to be constructed in three phases. The applicant has completed Phase I ofthe PRDlsubdivision and has asked for final approval of the phase. Staff determined that all conditions have been satisfied and is recommending final approval. In the ensuing discussion, Director West responded to questions raised regarding a bond issued for the path and any maintenance that may be required. He also explained the vicinity map of the development, noting street improvements that will be required with the completion of other phases. Because this is a quasi-judicial hearing, the Councilmembers were qualified in terms of appearance of fairness issues. Councilmember Williams stated there had been no change in his prior status as a realtor, and he had no transactions in the area. Councilmember Rogers' husband is a realtor, also with no transactions in the area. Mayor Braun continued the public hearing at 8:29 p.m. There being no public testimony, the public hearing was closed at 8:29 p.m. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3357 AN ORDINANCE of the City of Port Angeles, Washington, approving Phase I of the Planned Residential Development known as Campbell Avenue PRD. Councilmember Perry moved to adopt the Ordinance as' read by title, citing Conditions 1 - 3, Findings 1 - 6, and Conclusions A-D. Councilmember Di Guilio seconded the motion, which carried unanimously. None. 1. Parking Violations Ordinance: Police Chief Gallagher presented the proposed Ordinance, indicating the budget impact in 2009 would be $30,000. Discussion ensued as to the position of the Port Angeles Downtown Association, and Director West read into the record a letter from the PADA Executive Director recommending that the fine remain at $10.00 for 2009. Discussion followed, with individual Councilmember opinions being expressed as to the merits of the proposed increase. Mayor Braun conducted the second reading of the Ordinance by title, entitled ORDINANCE NO. 3358 AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 10.20 of the Port Angeles Municipal Code relating to Penalties for parking violations in the City of Port Angeles. The matter of implementing a three-hour parking limit was considered. Councilmember Williams moved to table the matter and change the parking regulations to include a three-hour time limit. The motion was seconded by Councilmember Perry. The cost of changing signage was cited as a consideration, as was the possible need for more data as relates to parking practices, and it was noted that this matter has been thoroughly discussed many times. Following further discussion, Councilmember Williams opted to withdraw the motion; Councilmember Perry withdrew the second. Councilmember Rogers moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Di Guilio, which carried 4 - 3, with Deputy Mayor Wharton and Councilmembers Perry and Kidd voting in opposition. e - 4 - LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: e RESOLUTIONS: OTHER CONSIDERATIONS: FINANCE: Jail Contract / Agreement P A WTP Computerized Maintenance Management System (CMMS) Project '. .::-. '. CONSENT AGENDA: e CITY COUNCIL COMMITTEE REPORTS: CITY COUNCIL MEETING. January 20, 2009 .1 6390 The Council again directed its attention to. the special meeting scheduled for Tuesday, January 27th, agreeing the meeting should be scheduled for 5:00 p.m. as opposed to 6:00 p.m. Councilmember Williams referenced the letter received from the Port of Port Angeles, asking the City to re-affirm its support for the Port Angeles HarborWorks Development Authority. By consensus, the Council agreed that the matter should be placed on the January 27th special meeting agenda. None. None. 1. Jail Contract / Agreement: Attorney Bloor pravided information on the proposed j ail contract, indicating the City has a legal obligation to provide for the confinement of adult prisoners. The contract is similar to prior contracts, with two major changes. The daily rate is increased to $67, which is a reasonable amount, and the City will pay $3.00 per day per prisoner to create a pool of funds. The County will then be responsible far all of the medical expenses. Following brief discussion, Deputy Mayor Wharton moved to authorize the Mayor to sign the "Agreement for Prisoner Confinement Services" with Clallam County. Councilmember Rogers seconded the motion, which carried unl!-nimously. 2. P A WTP Computerized Maintenance Management System (CMMS) Project: , ' Director Cutler discussed funds available from the Port Angeles Water Treatment Plant Fund to procure and implement a Computerized Maintenance Management System far the Water Treatment Plant. The bid solicitation process was summarized by Deputy Director of Operations Puntenney, who noted this system can be used for the other utilities, providing a cast benefit to the City. Brief discussion ensued concerning the interface with the HTE system, and the fact there won't be automatic reports from HTE. r Deputy Mayor Wharton moved to award and authorize the Mayor to sign a five':' .. .- \'year ($27,100 per year including tax) software licensing agreement with Azteca Systems, Inc., for CityWorks and a contract for $63,040 with Weston Solutions, Inc., for development and implementation services for a Computerized Maintenance Management System for the Port Angeles Water Treatment Plant/Ranney Well Systems and the Water Utility; authorize the City Manager to make minor modifications to the contract, if necessary; and authorize the City.Manager to sign a planned modification to the contract with Weston Solutions, Inc;, to exercise pre- priced optional Task 8 in the amount of $12,000 expected for summer 2009. The motion was seconded by Councilmember Perry and carried unanimously. . Councilmember Perry moved to accept the Consent Agenda, to.include: 1.) City Council Meeting Minutes af January 6, 2008; 2.) Expenditure Approval List from 12/27/08 to 01/09/09 for $2,459,564.88; 3.) Appointment of City Official to Administer CDBG; 4.) Green Motors Initiative Agreement; and 5.) OlyCap Loan Agreement. The motion was seconded by Deputy Mayor Wharton. Cauncilmember Di Guilio informed the Cauncil that the OlyCap loan would go to. a client he oversees, but there would be no financial gain on his part. A vote was taken on the motion, which carried una'nimously. Deputy Mayor Wharton and Councilmember Di Guilio traveled with City staff to Jacksonville, Florida, to meet with Rayonier executives to make a case in support of the Public Development Authority and to access the Rayanier tank for the City's CSO. They reported on the discussions held, and Rayonier's response was clear that access to the tank will hinge on the community taking the entire property at same point. A lease will - 5 - 6391 CITY COUNCIL MEETING January 20, 2009 CITY COUNCIL COMMITTEE REPORTS: (Cont'd) INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: be drawn up immediately, but there won't be an option to purchase unless there is acquisition of the entire property. Rayonier wanted clear directio~ that the Public Development Authority will move forward, and Authority President Orville Campbell assured Rayonier that an Executive Director will be hired in the near future. Rayonier e would like to see the Purchase & Sale Agreement signed between the PDA and Rayonier. Additionally, Rayonier would like a determination of the cleanup costs so they know what they must commit to the project. Deputy Mayor Wharton felt it timely to meet with DOE with regard to the clean-up time line. Councilmember Di Guilio felt that, with two established goals going into the meeting, only one was met. It was agreed the PDA Board must understand its importance to the PDA and the City. Manager Myers indicated the City is in the midst of setting up a meeting with DOE, and all are in agreement that the PDA needs to move forward. The Resolution to be considered by the Council this coming week should assist in that regard. . Councilmember Rogers provided a brief update on efforts underway as relates to the citing of NOAA. An RFP is being assembled at this time. Manager Myers reported on meetings he has held with Councilmembers and various community representatives. He reminded the Council he will be out of town the remainder of the week, as he will be moving his family to Port Angeles. Brief discussion was held concerning the sales tax refund to NPI, and Acting Finance Director Kheriaty explained the refund will be split between 2008 and 2009. Deputy Mayor Wharton asked for a report from the Clallam Business Incubator with regard to benchmarks that must be met. Councilmember Rogers will arrange for a report to the Council. None. The meeting was adjourned at 9:31 p.m. /-1' /1 !L ~ ..(1' ~-.v /~., '< .~ Gary Braun, ayor e - 6 -