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HomeMy WebLinkAboutMinutes 02/05/2008 e CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: WORK SESSION: Budget and Finance e Break 6193 CITY COUNCIL MEETING Port Angeles, Washington February 5, 2008 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 Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, Y. Ziomkowski, N. West, S. Roberd~, T. Pierce, and D. Beery. Public Present: D. & J. Estberg, N. & J. Fuller, G. Gleason, D. Blood, J. Halkett, P. Lamoureux, L. Schromen- W awrin, D. Schneider- Hobbs, S. Watson, Z. Cole, B. Wilson; and 1. Hutchison. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Williams, followed by a moment of silence in honor of recently deceased World War II Veteran Lee Embree and former Legislator Paul Conner. Mayor Braun introduced Sequim Mayor Laura Dubois, who was present this evening. None. 1. Budget and Finance: With the use of PowerPoint slides, Finance Director Ziomkowski provided a comprehensive review of the "Nuts and Bolts of Finance", discussing in depth the building of the City budget, governmental accounting principles, and fiscal accountability. She provided a synopsis ofthe Finance Department's responsibility for fiscal matters, the role of the City Council, different aspects of budgeting and accounting, as well as how the Council can monitor the budget and financial policies. She emphasized that all actions taken by the Council have a direct impact on the budget, and she likened the City to that of a conglomerate organization where multiple independent companies are accounted for in different funds working within one corporate structure. Discussion followed, and Director Ziomkowski answered questions posed by the Council on such matters as revenue projections and the level of debt in the utilities. Mayor Braun recessed the meeting for a break at 6:50 p.m. The meeting reconvened at 7:01 p.m. - 1 - 6194 CITY COUNCIL MEETING February 5, 2008 PUBLIC HEARINGS - OTHER: Medic I Utility Rate Adjustment Ordinance No. 3315 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: J. Medic I Utility Rate Adjustment: Fire Chief McKeen indicated that a comprehensive cost of service study was presented at the last meeting. He offered to answer any questions that may arise. Mayor Braun continued the public hearing at 7:02 p.m. There being no public testimony, the public hearing was closed at 7:02 p.m. Mayor Braun conducted a second reading of the Ordinance by title, entitled e ORDINANCE NO. 3315 AN ORDINANCE of the City Council of the City of Port Angeles, Washington, amending the monthly EMS utility fee, effective February 15, 2008. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Perry and carried unanimously. Manager Madsen added an Ordinance amending a Street Vacation as Agenda Item E.3. Deputy Mayor Wharton asked to add to the' agenda a discussion on climate change. Mayor Braun indicated he had previously determined that such a discussion should be deferred until the time the City has obtained findings from the Association of Washington Cities on the subject. Dan Blood, 1137 W. 5th Street, asked for Code enforcement regarding a house across the street. He noted the hazardous condition of the structure, the presence of abandoned automobiles, building materials stored inside the fence line, and fire hazards in the area. He expressed frustration with the lack of response from the City. John Halkett, 720 "N" Street, echoed the comments ofMr. Blood, indicating he has had difficulty obtaining feedback from the City with regard to this hazardous condition. Diana Estberg, 1022 South Cherry Street, provided her background as a chemist from the San Diego area. She addressed the matter of chemicals being added to the water in the form of fluoride, and she referenced an upcoming argument before the Court of Appeals on the Initiative and Referendum process. If justice prevails, she expressed the hope the Council would place the matter of fluoride on a ballot. Gary Gleason, Chairman of the Clallam County Planning Commission, read a letter into the record, inviting the City's Planning Commission members to meet in joint session with the County Planning Commission. The letter, co-signed by newly elected Chairman Tom Montgomery, set forth suggested topics for discussion, such as the City's request to adopt City zoning for the unincorporated Port Angeles Urban Growth Area (UGA), affordable housing, the transfer of development rights receiving areas within the UGA, and UGA economic development. Mr. Gleason indicated the primary goal is to keep communication open, and he expressed hope that the Council would authorize such a joint meeting for March or April. Laura Dubois, newly elected Mayor of Sequim, delivered greetings to the City Council, wishing them the best in 2008 and hoping to work with them this year. Paul Chasman, 173 E. Bachelor Rock Drive, addressed the Council on the matter of the City's possible participation in ICLEI (International Council for Local Environmental Initiatives). He thought there had been a stumbling block in the form of the entry fee for ICLEI, so he and his wife were willing to donate the $600 fee to the City. He indicated ICLEI is a resource for training, consulting, and information to assist in planning for _ environmental challenges and sustainable growth. Mr. Chasman stated that, if the ., Council fails to take this matter up by the first meeting in March, then they would like to have their check returned. - 2 - e LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: (Cont'd) ORDINANCES NOT REQUIRING PUBLIC HEARINGS: UAC Industrial Representative Ordinance Amendment Ordinance No. 3316 Small Works & Consulting Services Roster Ordinance No. 3317 Amendment to Ordinance - Vacation of Cherry Street Ordinance No. 3318 e CITY COUNCIL MEETING February 5,2008 6195 Laura Levin, 1114 E. 4th Street, spoke on poisoning of the water, feeling it is very unethical. She indicated she would leave the area as soon as she can, as she is experiencing sores in her mouth and on her body. She hoped the Council would turn away from the decision to fluoridate the water. Paul Lamoureux, 602 Whidby, expressed disappointment that more time wasn't allowed for public comment. He extended best wishes to the Council for the New Year and then distributed a letter revisiting the membership of the Utility Advisory Committee. 1. Utility Advisory Committee Industrial Representative Ordinance Amendment: Public Works & Utilities Director Cutler advised the Council that this Ordinance would clarify the membership of the Utility Advisory Committee by removing the term limit for the industrial representative. The Ordinance also clarifies the definition ofthe industrial representative. Mayor Braun conducted the second reading of the Ordinance by title, entitled ORDINANCE NO. 3316 AN ORDINANCE of the City ofPort Angeles, Washington, amending Chapter 2.68 of the Port Angeles Municipal Code relating to the Utility Advisory Committee. Councilmember Rogers moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Kidd and carried unanimously. 2. Small Works & Consulting Services Roster: Director Cutler summarized services being provided to Washington municipalities by the Municipal Research and Services Center (MRSC) as relates to the management and hosting of small works and consulting services rosters. State law requires that procedures must be adopted when cities use the rosters, and if the City moves forward in working with the MRSC, then an Ordinance must be adopted to establish the procedures. Director Cutler reviewed the options available to local contractors wanting to be placed on the list(s). He asked that the second reading ofthe Ordinance be waived, and that the Council proceed to adoption. Councihnember Williams moved to waive the second reading of the Ordinance. Councilmember Rogers seconded the motion, which carried unanimously. Mayor Braun read the Ordinance by title;'entitled ORDINANCE NO. 3317 AN ORDINANCE of the City Council of the City ofPort Angeles, Washington, on the subject of a small works roster process. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. Councilmember Di Guilio seconded the motion, which carried unanimously. 3. Amendment to Ordinance - Vacation of Cherry Street: Manager Madsen reminded the Council that, in conjunction with the vacation of a portion of Cherry Street between the Front/First Street alley and Front Street, there was a condition that full payment must be received by February 15,2008. It was intended that this date would coincide with the closing on the building; however, the closing has been pushed to March. It is, therefore, recommended that the Council adopt the amending Ordinance, changing the date for receipt offull payment to March 31,2008. - 3 - 6.196 CITY COUNCIL MEETING February 5, 2008 Amendment to Ordinance - Vacation of Cherry Street Ordinance No. 3318 (Cont'd) RESOLUTIONS: OTHER CONSIDERATIONS: Historic Artifact Agreement PUBLIC HEARINGS - QUASI-JUDICIAL: FINANCE: Department of Ecology Coordinated Prevention Grant 16th Street Sidewalk Phase I Following brief discussion, Councilmember Williams moved to waive the second reading of the Ordinance. The motion was seconded by Councilmember Di Guilio. Having not participated in any Council discussion or votes taken on this particular transaction due to possible conflict of interest, Deputy Mayor Wharton indicated she would again abstain. A vote was taken on the motion, which carried 6 - 0, with Deputy Mayor Wharton abstaining. e Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3318 AN ORDINANCE of the City ofPort Angeles, Washington, amending Ordinance 3303 to revise the effective date for the street vacation authorized. Councilmember Williams moved to adopt the Ordinance as read by title. Councilmember Perry seconded the motion, which carried 6 - 0, with Deputy Mayor Wharton abstaining. None. 1. Historic Artifact Agreement: City Archeologist Beery presented information relative to the proposed agreement with the Clallam County Historical Society, providing a means for the City to collect select isolated historic artifacts from City projects that are deemed insignificant under federal historic preservation laws and guidelines and provide them to the Historical Society for curation, educational purposes, and exhibit. Councilmembers spoke in support of the arrangement, and Mr. Beery provided further clarifying information based on Council inquiries. Certain Councilmembers have served and are serving as members of the Historical Society's Board of Directors, and Manager Madsen responded to their question as to a possible conflict of interest with assurance there would be no conflict by their voting on a motion. Councilmember Di Guilio moved to (1) approve the agreement to allow the City of Port Angeles to donate isolated historic artifacts to the C1allam County Historical Society for educational purposes; (2) authorize the Mayor to sign the agreement; and (3) authorize the Mayor to sign subsequent Artifact Donation Agreements as necessary in order to comply with the agreement. Councilmember Perry seconded the motion, which carried unanimously. None. 1. Department of Ecology Coordinated Prevention Grant G0800293: Director Cutler summarized the approval of the City's application for a Coordinated Prevention Grant by the Department of Ecology for total costs of $215 ,000 for moderate risk waste collection and disposal, waste reduction and recycling education and outreach, and organics composting. Following discussion, Deputy Mayor Wharton moved to accept the Coordinated Prevention Grant for total eligible costs of $215,000 and authorize the Director of Public Works & Utilities to sign the agreement with match as described. Councilmember Rogers seconded the motion, which carried unanimously. 2. 16th Street Sidewalk, Phase I: e Director Cutler informed the Council that the Port Angeles application was one of two - 4 - e 16th Street Sidewalk Phase I (Cont'd) ~ \ Landfill Slope Stabilization Project 02-21 Acceptance and Change Order #6 CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: EXECUTIVE SESSION: e CITY COUNCIL MEETING February 5, 2008 6197 projects selected in the west side of the State for the Pedestrian Safety and Mobility Program which funds activities for safety improvement projects that identify and correct hazardous locations, sections, and/or elements. It is intended that the matching grant will be used to construct sidewalks on "E" Street and a portion of 16th Street near Stevens Middle SchooL Brief discussion followed on the route of this particular phase, as well as the importance of partnering with the School District to receive these grant funds. .. \.councilmember Perry moved to authorize the Mayor to accept on behalf ofthe City the Transportation Improvement Board grant for the construction of curb, gutter, sidewalk and storm drains and execute the Agreement for the grant in the amount of $175,000. The motion was seconded by Councilmember Kidd and carried unanimously. The Council congratulated the staff for pursuing and receiving these grant funds. 3. Landfill Slope Stabilization Project 02-21 Acceptance and Change Order #6: Director Cutler presented information relative to Change Order #6 for the Landfill Slope Stabilization Project, as well as information on the completion of all work related to the project. He noted there had been a higher rate of change on this particular project due to unforeseen circumstances. Lengthy discussion ensued with alarm being expressed on the number of change orders that resulted in a 33% increase over the original contract amount. Director Cutler provided a series of pictures taken of the site during construction, explaining in detail the unusual and challenging aspects ofthe construction that resulted in the change orders. The Councilmembers noted the engineering feats of the project, and Director Cutler explained the City will be required to monitor the area over the years, so there may be some additional expenditures. He further explained the funding mechanisms for closure and post-closure of the LandfilL Councilmember Rogers moved to approve Change Order No.6 in the amount of $43,969.19, including sales tax, to the contract with Glacier Construction Services, Inc.; accept the Port Angeles Landfill Slope Stabilization, Project 02-21, as complete; and authorize release of the retainage upon receipt of the required clearances from Washington State and upon receipt of appropriate releases. The motion was seconded by CounciImember Williams and carried unanimously. Questions were raised by Councilmember Kidd with respect to certain expenditures for furniture on the Expenditure Approval List, all of which fell under the purview of Public Works & Utilities. Director Cutler indicated he would follow-up on those specific questions. Deputy Mayor Wharton moved to accept the Consent Agenda, to include: (1) City Council Minutes dated January 151\ (2) Expenditure Approval List from 1/5/2008 to 1/25/2008 for $6,533,768.44; and (3) Appoint City Representative to Clallam County Board of Health. Councilmember Rogers seconded the motion, which carried 6 - 0, with Councilmember Kidd abstaining. None. Manager Madsen announced the installation of a new hot water tank at Civic Field. Director Cutler invited Council participation in the City's booth at the KONP Home Show. Manager Madsen informed the Council of the passing offormer Councilmember Grant Munro's father. A card is available for Council signatures. Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive Session for approximately 25 minutes under the authority of RCW 42.30.110(1)(1), potential litigation, with no action to follow. The Executive Session convened at 8:28 p,m" and, at 8:53 p.m., the Executive Session was extended for an additional 20 minutes by announcement of the Mayor. - 5 - 6198 CITY COUNCIL MEETING February 5, 2008 RETURN TO OPEN SESSION: ADJOURNMENT: The Executive Session concluded at 9: 12 p.m., and the Council convened in regular open - session. No action was taken. The meeting was adjourned at 9: 12 p.m. ~fb~ Gary Braun, ayor - 6 - e ^-- e