HomeMy WebLinkAboutMinutes 06/16/2009
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CALL TO ORDER-
SPECIAL MEETING:
ROLL CALL:
ADJOURN TO
EXECUTIVE
SESSION:
RETURN TO OPEN
SESSION:
ADJOURN SPECIAL
MEETING:
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
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PUBLIC CEREMONIES/
PRESENTATIONS &
EMPLOYEE
RECOGNITIONS:
6465
CITY COUNCIL MEETING
Port Angeles, Washington
June 16,2009
Mayor Braun called the special meeting of the Port Angeles City Council to order at 4:30
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, G. Cutler, N. West, and Y.
Ziomkowski.
Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive
Session for approximately 90 minutes under the authority ofRCW 42.30.140( 4)(b), issues
in collective bargaining; RCW 42.30.110(1)(1), litigation and potential litigation; and
RCW 42.30.11O(1)(b), acquisition of real property.
The Executive Session concluded at 5:55 p.m., and the Council convened in regular open
seSSIOn.
The special meeting was adjourned at 5:55 p.m.
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, Y. Ziomkowski, B. Coons,
T. Funston, T. Nevaril, T. Pierce, 1. Lafferty, C. Hagar, B.
Horton, S. Wright, C. Delikat, T. Partch, M. Szatlocky, C.
Possinger, K. Neal, S. Roberds, and L. Gunderson.
Public Present:
P. Lamoureux, E. Petersen, 8. Blore, S. Freeland, S. Zenovic,
P. Downie, and C. Blevins. All others present in the audience
failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Councilmember Kidd.
I. Port Angeles School District / Farewell to Superintendent Dr. Gary Cohn and
Welcome to Superintendent Dr. Jane Pryne:
Deputy Mayor Wharton invited Dr. Gary Cohn and Dr. Jane Pryne to join her at the dais
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6466 CITY COUNCIL MEETING
June 16,2009
Port Angeles School
District Superintendents Dr.
Gary Cohn & Dr. Jane
Pryne
Pink Up Port Angeles
Week
Korean War Remembrance
Trenia Funston, Public
Service Retirement
Trina Nevaril - Peninsula
College Bachelors Degree
PUBLIC COMMENT:
Break
PUBLIC HEARINGS -
QUASI-JUDICIAL:
Blore & Nyhus Rezone
Ordinance No. 3365
to honor Dr. Cohn for his leadership and partnerships in the community and also to
welcome Dr. Pryne to the City. She presented both with a commemorative fish to be
placed with others on the Fish on a Fence.
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2.
Pink Up Port Angeles Week:
Mayor Braun read and presented a proclamation to Linda deBord of Soroptimist
International and Operation Uplift, declaring the week of June 20 - 27,2009, as "Pink Up
Port Angeles" Week, a week dedicated to the fight of cancer. Ms. DeBord reviewed the
various activities sponsored by Soroptimist International of Port Angeles during the week.
All proceeds go to Operation Uplift.
3.
Korean War Remembrance:
Mayor Braun read and presented a proclamation to Gerry Retella, declaring the week of
June 22, 2009, as Korean War Veterans Remembrance Week. Mr. Retella was joined by
other Korean War Veterans who shared battle memories with the audience.
4.
Trenia Funston, Public Service Retirement:
Mayor Braun, joined by Public Works & Utilities Director Cutler, read a proclamation
in recognition of Trenia Funston, who is retiring from the City after over 30 years of
service. Trenia was joined by her husband, Gary, and former City Engineer Gary
Kenworthy. Director Cutler presented Trenia with a plaque in honor of her retirement.
5.
Trina Nevaril- Peninsula College Bachelors Degree: .
Mayor Braun, joined by Finance Director Ziornkowski, read a proclamation in
recognition of Trina Nevaril, who just received her Bachelor of Applied Science in
Applied Management Degree from Peninsula College. Ms. Nevaril was joined by her
family in accepting the proclamation from the Mayor and flowers from Director
Ziornkowski, who said this is also a celebration for Peninsula College with its first four-
year degree program.
Paul Lamoureux, 602 Whidby, expressed appreciation to the City Manager for his Point
of View that was printed in the newspaper recently, and he inquired as to the public
hearing on Stormwater.
At Councilmember Williams' request, candidates for the City Council who were present
this evening introduced themselves: Max Mania, Rick Burton, Pat Downey, Cody
Blevins, Peter Ripley, and Edna Petersen.
Mayor Braun recessed the meeting for a break at 6:49 p.m. The meeting reconvened at
7:05 p.m.
1.
Blore & Nyhus Rezone:
Councilmember Williams recused himself from the consideration and departed the
Council Chambers at 7:06 p.m. Councilmember Di Guilio had not returned from break.
Community & Economic Development Director West indicated this is the second reading
of the Ordinance on a proposed rezone of approximately 2 I ,000 square feet of property
located in the Commercial Neighborhood (CN) zone. He indicated the public hearing
should be continued, and the recommendation is for approval.
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Mayor Braun continued the public hearing at 7:07 p.m.
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PUBLIC HEARINGS -
QUASI-JUDICIAL:
(Cont'd)
Blore & Nyhus Rezone
Ordinance No. 3365
(Cont'd)
PUBLIC HEARINGS -
OTHER:
Stormwater NPDES Phase
II Permit / Port Angeles
Municipal Code
Amendments Title II,
13, and 15
Ordinance No. 3366
Ordinance No. 3367
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CITY COUNCIL MEETING 6467
June 16, 2009
Brando Blore, P. O. Box 3029, Port Angeles, indicated he and his wife requested the
rezone for a project for this specific piece of property, and he expressed appreciation to
the Planning staff for their assistance.
There being no further public testimony, Mayor Braun closed the public hearing at 7:08
p.m. Mayor Braun conducted a second reading of the Ordinance by title, entitled
ORDINANCE NO. 3365
AN ORDINANCE of the City of Port Angeles, Washington, rezoning approximately
21,000 square feet of Lots 18,19 & 20, Block 441, from Commercial
Neighborhood (CN) to Residential High Density (RHD).
Deputy Mayor Wharton moved to adopt the Ordinance as read by title, citing
Findings 1 - 12 and Conclusions 1 - 5. Councilmember Perry seconded the motion,
which carried unanimously. Councilmembers Williams and Di Guilio returned to the
Council Chambers at 7:09 p.m.
1.
Storm water NPDES Phase II Permit / Port Angeles Municipal Code
Amendments Title 11, 13, and 15:
Director Cutler indicated this would be a second reading of the Ordinances, and he listed
the public presentations made on the proposed stormwater regulations. Engineer Partch
used PowerPoint slides to review the three permit programs. She summarized the May
18th, June 10t\ and June II th public outreach, and she shared some of the input and
questions from the public, to include the enforcement of car washing regulations, payment
of the stormwater fee, and payments to maintain private stormwater facilities. Engineer
Partch indicated the Ordinance contains no language disallowing car washing, but rather,
the City plans to educate the citizens that the water effects fish because of the drainage
into the waterways. Discussion was also held on the development of baseline data, and
stormwater LID incentives for sites that already meet the incentive requirement,
something that was added to the Ordinance. At the public outreach, questions were posed
about inspections on private property, dog waste and enforcement, and interest was
expressed in an on-line map of the City's storm and sanitary system.
Discussion followed on the application of common sense to the stormwater regulations,
as well as the desire to see stormwater regulations enacted through watershed
management so as to include surrounding counties. Discussion also focused on sampling
done by StreamKeepers, and the anticipated testing of turbidity because of uphill
development. Director Cutler indicated the City must write a testing and sampling
program during the first five years. Discussion was held on the City's outreach and
commitment to public education. Engineer Partch discussed the violations, civil
penalties, and the stepped enforcement process. The enforcement measures are required
by DOE, but Director West indicated they will be instituted on a very infrequent basis.
He added that the City's lack of enforcement would result in the City paying fines from
$2,500 to $25,000 per day for violation, aswell as a denial of grants and loans to the City:
Discussion was held on unfunded mandates and how the City provided its comments and
testimony early on in the process. Legal action was also filed.
Mayor Braun continued the public hearing at 7:44 p.m.
Peter Ripley, 114 E. 6th Street, #102, agreed with commentaries regarding unfunded
mandates; he felt it is time to stand up against the mandates. If the State and Federal
governments want the cities to do certain things, then they should provide the funding.
Steve Zenovic, 30 I E. 6th Street, Zenovic & Associates, stated he understood the issue of
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6468 CITY COUNCIL MEETING
June 16,2009
PUBLIC HEARINGS -
OTHER:
(Cont'd) .
Stormwater NPDES Phase
II Permit / Port Angeles
Municipal Code
Amendments
Ordinance No. 3366
Ordinance No. 3367
(Cont'd)
unfunded mandates, and he supported the City's position on County participation in
stormwater management. He indicated the biggest challenge is that the Ordinance refers
to Urban Services Standards for development. There are some significant technical issues
that can be resolved, but to adopt the Ordinance without the Urban Services Standards
and Guidelines is difficult. Mr. Zenovic suggested that Section 13.63.130 B. on
prohibited discharges be reformatted so it is clear as to what is and is not allowed. With
regard to the Clearing and Grading Permit, Section 15.28.030(A)(3), he felt a larger
volume should be considered, such as 100 cubic yards.
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Carol Creasey, Clallam County Senior Planner and Stormwater Project Manager,
provided clarification on data kept by StreamKeepers that is intended to look at the health
ofa stream and not necessarily stormwater issues. She discussed the County's stormwater
program that contains three parts, to include a stakeholders work group that will develop
strategy for a stormwater management plan. Ms. Creasey indicated there are storm events
in the City, and not all stormwater is being generated in the County. She indicated the
data does not support the notion that the unincorporated area provides stormwater to the
City.
Paul Lamoureux, 602 Whidby, discussed the matter of car washing and read a statement
to the Council, suggesting various incentives that can be provided by the City, such as
non-toxic, phosphate free soap and discount coupons for use at lqcal commercial car wash
facilities. Mr. Lamoureux asked that tluorosilicic acid be removed from the water, at
which time he would follow car washing regulations. He discussed a local neighborhood
poll taken with regard to the individuals who could or could not wash cars on their lawns.
There being no further testimony, Mayor Braun closed the public hearing at 8:04 p.m.
Mayor Braun conducted a. second reading of the Ordinances by title, entitled
ORDINANCE NO. 3366
AN ORDINANCE of the City of Port Angeles, Washington, revising Chapters
11.08,11.12 and 11.18 of the Port Angeles Municipal Code relating to
construction, excavation and use ofrights-of-way.
ORDINANCE NO. 3367
AN ORDINANCE of the City of Port Angeles, Washington, revising and adding
sections of the Port Angeles Municipal Code relating to Stormwater
Utility and Regulations for compliance with the City's Phase II NPDES
stormwater permit.
Deputy Mayor Wharton moved to adopt the Ordinances as read by title.
Councilmember Rogers seconded the motion. Attorney Bloor stated the two changes
suggested by Mr. Zenovic could easily be incorporated into the Ordinance if so desired,
and Director West indicated staff would be supportive of the changes. Individual
Councilmembers provided commentaries on the stormwater regulations, and discussion
centered around arrangements for charity car washes, the existence of a business
opportunity because ofthe regulations, the need to move forward with the adoption of the
Ordinances because of upcoming grant deadlines, and the fact that stormwater is the
biggest issue in restoring Puget Sound. The Council acknowledged the need for
incentives as the program moves forward, as well as the opportunity to work with the
County in a regional approach to stormwater. As the maker of the motion, Deputy
Mayor Wharton amended the motion to include the change to 100 cubic yards and
to have the paragraph on permitted discharges reformatted. Councilmember
Rogers, as seconder of the motion, agreed to the amendments. Councilmember
Williams addressed the heavy handedness of the Department of Ecology, while at the
same time not requiring the same of the County, so he stated he would be voting against
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Break
2009 - 2015 Capital
Facilities Plan (CFP) &
Transportation
Improvement Program
(TIP)
Resolution No. 12-09
Comprehensive Plan
Amendments
Ordinance No. 3368
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Police Department /
Edward Byrne Memorial
Justice Assistance Grant
Program / School Resource
Officer Program
CITY COUNCIL MEETING 6469
June 16,2009
the motion. A vote was taken on the motion, which carried 5 - 2, with
Councilmembers Kidd and Williams voting in opposition.
Mayor Braun recessed the meeting for a break at 8:24 p.m. The meeting reconvened at
8:37 p.m.
2. 2009 - 2015 Capital Facilities Plan (CFP) & Transportation Improvement
Program (TIP):
Director Cutler indicated this is the second hearing on the 2009 - 2015 Capital Facilities
Plan (CFP) and Transportation Improvement Program (TIP). Using PowerPoint slides,
he provided needed clarification regarding the Governmental Projects for 2009-2010,
noting the list can be returned to the Council later for allocation based on the availability
of funds. Lengthy discussion followed with regard to the prioritization of these projects
as they relate to the upcoming budget process. Director Cutler indicated that, if funding
does become available, it would be helpful to at least have prioritized the projects into
three groupings. Noting the potential for not having any funds to devote to these projects,
Manager Myers cautioned that it may be premature to be setting priorities. Nevertheless,
the Councilmembers felt their preliminary input on priorities could be provided to
Director Cutler to at least begin the process. Lengthy discussion ensued.
Mayor Braun continued the public hearing at 9:06 p.m. There being no public testimony,
the public hearing was closed at 9:06 p.m. Mayor Braun read the Resolution by title,
entitled
RESOLUTION NO. 12-09
A RESOLUTION ofthe City Council of the City of Port Angeles, Washington,
adopting the Capital Facilities Plan and Transportation Improvement
Program for 2009 - 2015.
Councilmember Rogers moved to pass the Resolution as read by title, to include
those projects identified at the previous meeting. Deputy Mayor Wharton seconded
the motion, which carried unanimously.
3. Comprehensive Plan Amendments:
Director West indicated the public hearing had been continued to this evening on
amendments to the City's Comprehensive Plan and Land Use Map as prescribed in
PAMC 18.04 (Growth Management).
Mayor Braun continued the public hearing at 9: 10 p.m. There being no public testimony,
the public hearing was closed at 9: 11 p.m. Mayor Braun conducted a second reading of
the Ordinance by title, entitled
ORDINANCE NO. 3368
AN ORDINANCE of the City of Port Angeles, Washington, adopting amendments
to the Comprehensive Plan and Land Use Map.
Councilmember Rogers moved to adopt the Ordinance as read by title.
Councilmember Di Guilio seconded the motion, which carried unanimously.
4. Police Department / Edward Byrne Memorial Justice Assistance Grant
Program / School Resource Officer Program:
Police Chief Gallagher informed the Council that Port Angeles is eligible for grant
funding in the amount of $12,029.00 under the Edward Byrne Memorial Justice
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64 0 CITY COUNCIL MEETING
June 16,2009
Police Department /
Edward Byrne Memorial
Justice Assistance Grant
Program / School Resource
Officer Program (Cont'd)
CITY COUNCIL
COMMITTEE
REPORTS:
WORK SESSION:
2010 Budget
Preparations
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS:
OTHER
CONSIDERATIONS:
William Shore Memorial
Pool District (WSMPD)
Interim Agreement
Assistance Grant Program. The application required that the City Council afford the
public the opportunity to comment on the grant application. It is intended that the grant
funds be used to partially compensate for decreased revenue collections, specifically, the
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anticipated loss of the School District's $23,000.00 annual contribution for the School
Resource Officer Program. Discussion ensued as to past grant funding, funding
previously provided by the School District for the program, and whether it is required that
the grant funds be applied to the School Resource Officer Program.
Mayor Braun opened the public hearing at 9: 18 p.m. There being no public testimony,
the public hearing was closed at 9:18 p.m.
Councilmember Rogers moved to authorize the Police Department to finalize the
grant application and accept funding if so awarded. The motion was seconded by
Councilmember Kidd and carried unanimously.
Councilmember Kidd distributed some 2005 information from a City Council meeting
regarding a proposed railing for the 8th Street Bridges. She asked to revisit the subject
of railings at a future meeting.
Councilmember Di Guilio reported on the first meeting of the Pool District Board.
Officers were elected, and the Board is moving quickly to put everything in place. The
Board will be hiring Counsel, as well as someone to advise them on fiscal matters. The
next meeting will be held on June 24th, at which time they anticipate appointing the fifth
Board member. Councilmember Di Guilio was elected Chair, and any questions or input
can be directed to him at any time.
1.
2010 Budget Preparations:
This agenda item was deferred to a future meeting.
Manager Myers added the Labor Contract with Teamsters #589, Non-Sworn Bargaining
Unit, as Finance Agenda Item K.l.
Deputy Mayor Wharton requested that Consent Agenda Item L.5. be considered
separately, and Councilmember Rogers requested that Consent Agenda Item L.S. also be
considered separately.
None.
None.
1.
William Shore Memorial Pool District (WSMPD) Interim Agreement:
Councilmember Di Guilio recused himself from the discussion since he is the Chair of the
Pool District Board, and he departed the Council Chambers at 9:26 p.m. Councilmember
Kidd, as a member of the Pool District Board, departed as well.
Manager Myers presented for consideration a Pool Operation agreement that provides for
the City to-continue operation of the pool to December 31,2009, while the Pool District
Board is getting organized. The Board is required to reimburse the City for all costs
related to the operation. Manager Myers indicated the City was asked to add language
to the agreement that, upon inception of the agreement, the City shall provide estimated
maintenance costs, and any cost in excess offive percent would be subject to the approval
of the Pool District Board. Discussion followed on whether the Pool District Board
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OTHER
CONSIDERATIONS:
(Cont'd)
William Shore Memorial
Pool District (WSMPD)
Interim Agreement
(Cont'd)
FINANCE:
Labor Contract with
Teamsters #589, Non-
Sworn Bargaining Unit
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CONSENT AGENDA:
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CITY COUNCIL MEETING 6471
June 16, 2009
would disapprove any cost over five percent so that the City would ultimately be liable
for the cost. It was suggested that any increase should result in a notification to the
Board, so alternative language was proposed: "Upon inception of this agreement, City
shall provide to WSMPD estimated maintenance and operation costs for the term of this
agreement. Any increases in costs in excess of five percent of the total estimate shall be
reported to the WSMPD Board immediately." Some Councilmembers hoped to discuss
the issue with Councilmembers Di Guilio and Kidd, but because they had recused
themselves, such a discussion could not take place. It was clarified that the two were not
required to recuse themselves; they had done so by personal choice. Discussion was also
held on why the City fronts the liability insurance, and Human Resources Manager Coons
approached the podium to clarify that, through the Washington Cities Insurance Authority
(WCIA), the City would still have the liability by its continued operation of the Pool.
Deputy Mayor Wharton moved to approve the Pool Operation agreement as
amended and in a form substantially similar to the one presented to the Council
with the William Shore Memorial Pool District Board and authorize the City
Manager to approve minor changes in the final form of the agreement and to sign
a final agreement on behalfofthe City. Councilmember Perry seconded the motion,
which carried unanimously.
Councilmembers Di Guilio and Kidd returned to the Counci! Chambers at 9:43 p.m.
I.
Labor Contract with Teamsters #589, Non-Sworn Bargaining Unit:
Human Resources Manager Coons presented information relative to the labor contract
with the Teamsters #589, Non-Sworn Bargaining Unit. He indicated agreement was
reached for a new contract covering the period, January 1, 2009 - December 31, 2010,
that provides for a cost of living adjustment of 5.58% for 2009 and 90% of the Seattle-
Bremerton CPI for 2010, with a minimum of2% and a maximum of 5%. The employees
will begin paying 9% of the monthly medical insurance premiums. Mr. Coons indicated
. that the union members~ip has ratified the agreement. Council member Rogers moved
, :!.o,:approve and authorize the.Mayor to sign the labor contract with the Teamsters
Union, Local #589, as presen'ted. The motion was seconded by Councilmember
Perry. Councilmember Kidd expressed opposition to the contract in view ofthe current
economic situation and the City's difficult financial situation. Deputy Mayor Wharton
shared in the concern, but she indicated she would support the motion in a sense of
fairness to the other bargaining units. A vote was taken on the motion, which carried
6 - 1, with Councilmember Kidd voting in opposition.
Consent Agenda Items L.5. and L.8. were previously pulled for separate discussion.
Councilmember Di Guilio moved to accept the Consent Agenda, to include: I.) City
Council Meeting Minutes of June 2, 2009; and Special Meeting Minutes of June 3 and
4,2009; 2.) Expenditure Approval List from 5/23/2009 to 6/5/2009 for $548,262.10; 3.)
Heckman Parking Agreement Amendment; 4.) DOE Shoreline Grant Interlocal
Agreement; 5.) Dry Creek Bridge Project Construction Grant - to be considered
separately; 6.) Elwha Power Distribution Relocation, Change Order No.1; 7.) Server
Room Air Conditioning, Project IT04-2006, Final; 8.) Krei Professional Services
Agreement, Project 97-20, Amendment No. 13 - to be considered separately; and 9.)
Police Department Copy Machine Lease Agreement. The motion was seconded by
Councilmember Perry and carried unanimously.
Agenda Item No.5: Dry Creek Bridge Project Construction Grant: Deputy Mayor
Wharton inquired as to the required match and whether the City had commitments from
all of its funding partners. Director Cutler responded the commitments have been made,
and all ofthe organizations have been very reliable in the past. Deputy Mayor Wharton
moved to pass the Resolution (Resolution No. 13-09) funding the Dry Creek
Pedestrian Bridge/Trail project, and authorize the Finance Director to sign the
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6472 CITY COUNCIL MEETING
June 16, 2009
CONSENT AGENDA:
(Cont'd)
INFORMATION:
EXECUTIVE SESSION:
ADJOURNMENT:
Certification of Sponsor Match. Council member Rogers seconded the motion,
which carried unanimously.
Agenda Item No.8: Krei Professional Services Agreement, Project 97-20, Amendment
No. 13: At Councilmember Rogers' request, Director Cutler clarified the amendment is
only for a date extension on the agreement with no associated funding. It is expected the
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project will be closed in the next week or two. Brief discussion ensued on discussions
held at the Transit Board meeting. Councilmember Di Guilio expressed opposition to
approval of the amendment and indicated he would cast a vote in opposition. Deputy
Mayor Wharton moved to authorize the Mayor to sign Amendment No. 13 to the
agreement with Krei Architecture, extending the terms ofthe agreement one month
to June 30, 2009. Councilmember Rogers seconded the motion, which carried 4 -
3, with Councilmembers Perry, Kidd, and Di Guilio voting in opposition.
Manager Myers reported on a meeting with the owner ofthe Chinook Motel, indicating
the State Health Department would be inspecting the facility tomorrow. He noted that
tomorrow is the 50th Anniversary celebration of the Coho Ferry in Victoria.
Councilmember Kidd offered to join Manager Myers in attending the ceremony..
Manager Myers announced the Certificate of Occupancy for the Gateway Pavilion had
been issued this morning. The Farmers Market will be held in the Pavilion tomorrow.
The City has been approached by the County to possibly consider ajoint effort for EPA
funding on a Brownfield Assessment Grant. A meeting will be held next month to further
discuss the possibility. Councilmember Kidd expressed appreciation to Manager Myers
for his recent letter to the employees.
None.
The meeting was adjourned at 9:56 p.m.
Ga~~~~ ~ L--
~fl~~ ~4d=o^-
Becky 1. Up, Clerk
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