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HomeMy WebLinkAboutMinutes 05/04/2010• • 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: PUBLIC COMMENT: CITY COUNCIL REPORTS: CITY COUNCIL MEETING Port Angeles, Washington May 4, 2010 Members Present: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers Collins, Kidd, Mania, and Nelson. Members Absent: Councilmember Downie Staff Present: It was moved by Collins and seconded by Mania to: Excuse Councilmember Downie's absence from the May 4, 2010 City Council meeting. Motion carried 6 -0. The Pledge of Allegiance to the Flag was led by Councilmember Mania. CEREMONIAL 1. National Public Works Week Proclamation MATTERS/ PROCLAMATIONS/ Mayor Di Guilio presented Public Works and Utilities Director Cutler with a & EMPLOYEE proclamation recognizing the week of May 16, 2010 as National Public Works RECOGNITIONS: Week. 2. Older Americans Month Proclamation Mayor Di Guilio presented Senior Center Supervisor Bellamente with a proclamation recognizing May 2010 as Older Americans Month. Supervisor Bellamente was joined by Senior Center Board members and Senior Games' Commissioners, and they announced the 90+ Better Birthday Bash event on May 20, 2010 at the Port Angeles Senior Center. Marilyn Hickman, 639 E. Park Avenue, spoke regarding her claim with the City for damages caused from the water main break in January of 2010, and her desire for this claim to be expedited. Attorney Bloor stated that the claim was in process. Councilmember Nelson spoke regarding her attendance at the Parks, Recreation, and Beautification Commission meeting where a new Chair was elected, and her daughter Clara Nelson's appointment as a student Representative. She spoke regarding her attendance at the Sheriff Advisory Committee where the subjects of Municipal Court and working with other jurisdictions were addressed. She also mentioned her attendance with Councilmember Collins at the Farmer's Market Council Table. 1 Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, N. West, Y. Ziomkowski, T. Pierce, and D. Bellamente. 6645 6646 CITY COUNCIL MEETING May 4, 2010 CITY COUNCIL REPORTS: (Cont'd) WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Ordinance No. 3399 Councilmember Mania stated he and Councilmember Kidd met with Judge Porter to learn more about District Court. He also spoke regarding the North Olympic Land Trust meeting, his fundraiser at the Fine Arts Center, and his participation in an interview process with Community and Economic Development Director West regarding recommendations for the Shoreline Master Program. Councilmember Kidd spoke regarding meeting with Judge Porter to learn more about District Court, recommending that all Councilmembers do the same. Councilmember Collins spoke regarding his attendance with Councilmember Nelson at the Farmer's Market Council Table, and his attendance on the Todd Ortloff show on KONP with Manager Myers. Deputy Mayor Perry spoke regarding the Real Estate Committee meeting and the Parks, Recreation, and Beautification Commission meeting. Mayor Di Guilio spoke regarding the pressure washing and painting activities for the building at PenPly, his attendance with Manager Myers and Director West at the Port Angeles Business Association meeting where they spoke regarding their attendance at the Chamber of Commerce booth at the Victoria Trade Show. He also spoke regarding a meeting with Ryan Buries, President of Black Ball Ferry, where they discussed marketing opportunities, including the possibility of new video screens for advertising of the Olympic Peninsula. None. None. Councilmember Collins asked questions regarding external labor charges and network services charges for the Carnegie Hall on the Expenditure Approval List. Following Council discussion, It was moved by Mania and seconded by Perry to approve the Consent Agenda to include: 1.) City Council Meeting Minutes of April 16, 17, 19, 20, and 23, 2010; 2.) Expenditure Approval List from 4/10/10 to 4/23/10 for $2,824,236.21; 3.) 16 Street Sidewalks Phase I — Project TRIO -10 / Award Contract; 4.) Memorandum of Understanding with Peninsula Trails Coalition for Dry Creek Bridge and Trail — Phase 2, Project 05 -31. Motion carried 6 -0. I. Facade Improvement Program Update and Ordinance Amendment Director West addressed the Ordinance Amendment and program updates. Following Council discussion, Councilmember Collins informed staff of a misprint included on the second page of the Ordinance. Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled, AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 3373 establishing the Facade and Signage Improvement Program. 2 ORDINANCE NO. 3399 • • ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Ordinance No. 3399 (Cont'd) RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: OTHER CONSIDERATIONS: PUBLIC HEARINGS — QUASI-JUDICIAL: INFORMATION: ADJOURN TO EXECUTIVE SESSION: RETURN TO OPEN SESSION: PUBLIC HEARINGS - OTHER: It was moved by Mania and seconded by Kidd to: Adopt the Ordinance as read by title, and amended. Motion carried 6 -0. None. 1. Lower Elwha Klallam Tribe / City Wastewater Agreement Amendment No. 1 Director Cutler introduced Elwha River Project Manager Scott McCullough from the National Park Service, and Elwha River Restoration Manager Robert Elofson with the Lower Elwha Klallam Tribe. He discussed the agreements needing approval and described the need for these amendments. Following Council discussion, Manager Elofson spoke regarding the project and thanked Council and City Staff. It was moved by Perry and seconded by Nelson to: Approve and authorize the Mayor to sign LEKT /City Wastewater Agreement Amendment No. 1, City/NPS Cooperative Agreement Amendment No. 2, and Task Agreement 17, and authorize the City Manager to make minor modifications to the agreement, if necessary. Motion carried 6 -0 None. Manager Myers thanked everyone who participated in the PenPly painting project, stating that there would be an additional day to volunteer for the project in the near future. He spoke regarding the ACTI tour planned for May 12, 2010, the recent Sidewalk Improvement Project approval, Director Cutler's ongoing assistance with local businesses and the Builder's Association regarding bidding on City projects, the Peninsula Trails Coalition, and informed Council of the Coalition's invitation to their Annual meeting on May 8, 2010. Council discussion followed. Council adjourned to Executive Session for approximately 15 minutes under the authority of RCW 42.30.110(l)(b), acquisition of real estate, and RCW 42.30.1 10(I)(i) discuss potential litigation with legal counsel. The Executive Session convened at 6:40 p.m. The Executive Session adjourned at 6:59 p.m., and the Council convened in regular open session. No action was taken. 1. Street Vacation Petition — STV 10 -02 Munkeby — Portion of Nantucket Avenue Director West described the location and specifics of the street vacation petition. Following Council discussion, 3 CITY COUNCIL MEETING May 4, 2010 6647 6648 CITY COUNCIL MEETING May 4, 2010 PUBLIC HEARINGS - OTHER: ( Cont'd) INFORMATION: (Cont'd) FINANCE: ADJOURN TO EXECUTIVE SESSION: RETURN TO OPEN SESSION: Appraisal Contract ADJOURNMENT: Mayor Di Guilio opened the public hearing at 7:02 p.m., there being no public comment, Mayor Di Guilio continued the public hearing at 7:02 p.m. to the regular City Council meeting on May 18, 2010. Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Nantucket Avenue, Port Angeles, Clallam County, Washington. Manager Myers discussed the reports included in the packet and provided an update on the Field House and it's possible placement in Erickson Park. Following discussion, Council agreed by consensus that Erickson Park was not an option they were interested in for the placement of the Field House. Manager Myers stated that he would convey the Council's decision to the YMCA. Manager Myers provided information regarding the funding options for the regular opening of the Hurricane Ridge Road during the winter months. The first option includes funding for the current year from the Department of Interior. This option requires an additional $75,000 from another entity to fully fund the road opening. The second option includes full funding for the road opening for the following year, through an appropriations request from Congressman Dicks. Following discussion, Council agreed by consensus to decline the current year funding option through the Department of Interior, and wait until next year for the appropriations request submitted by Congressman Dicks. None. Council returned to Executive Session for approximately 10 minutes under the authority of RCW 42.30.110(1)(b), acquisition of real estate, and RCW 42.30.110(I)(i) discuss potential litigation with legal counsel. The Executive Session convened at 7:17 p.m., and at 7:30 p.m. the Executive Session was extended for an additional 10 minutes by announcement of the Mayor. The Executive Session concluded at 7:40 p.m. The Council convened in regular open session. Attorney Bloor spoke regarding the Rayonier property, the CSO project, and the City's timeline to acquire the tank due to the Agreed Order with the Department of Ecology. Following Council discussion, It was moved by Perry and seconded by Kidd to: Authorize the City Manager to contract with an appraiser to valuate the necessary property for the CSO project. Motion carried 6 -0. The meeting was adjourned at 7:43 p.m. a i,itzdte&J /a4A,L Dan Di Ciuilio, Mayor Jan&fi Hurd, City Clerk 4 • • • Date: Mav 4. 2010 Expected length of session: 15 minutes Is action expected following the session: Maybe 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: EXECUTIVE SESSION To consider matters affecting national security. X 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. 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. 6649 6650 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: 6:40 n.m., concluded at 6:59 n.m.. and began aeain at 7:17 D.M. Was session extended by announcement: ves If so, when: 7:30 D.M. Time session ended: 7:40 D.M. Mayor ° City"91erk )al/k/V G: \GROUPICLERK\EXECUTIVE SESSION.0504 I 0.wpd In attendance: All Councilmembers. except Councilmember Downie. Manager Myers Attorney Bloor, G. Cutler. and N. West • •