HomeMy WebLinkAboutMinutes 11/02/2010•
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 2, 2010
Mayor Di Guilio called the special meeting of the Port Angeles City Council to
order at 5:05 p.m.
Members Present: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers
Collins, Downie, Kidd, Mania, and Nelson.
Members Absent • None.
Staff Present: Manager Myers and Clerk Hurd.
Others Present: Attorney Mike Walter.
Based on input from Manager Myers, Mayor Di Guilio announced the need for an
Executive Session for approximately 45 minutes under the authority of RCW
42.30.1.10(1)(i), to discuss potential litigation with legal counsel. The Executive
Session convened at 5:08 p.m. Attorney Mike Walter attended the Executive
Session with Council.
The Executive Session concluded at 5:55 p.m. No action was taken.
The special meeting was adjourned at 5:55 p.m.
Mayor Di Guilio called the regular meeting of the Port Angeles City Council to
order at 6:00 p.m.
Members Preseni: Mayor Di Guilio, Deputy Mayor Perry, Councilmembers
Collins, Downie, Kidd, Mania, and Nelson.
Members Absent: None.
Staff Present:
Mayor Di Guilio led the Pledge of Allegiance to the Flag.
None.
1
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, T.
Pierce, R. Bonine, and D. Bellamente.
6752
6753
CITY COUNCIL MEETING
November 2, 2010
PUBLIC COMMENT:
WORK SESSION:
Mike Millar, 1327 E. 1s Street, spoke against the City moving forward with the
licensing of all businesses, and presented Council with a petition against any further
fees or charges being placed on businesses by a City business licensing program.
Mayor Di Guilio asked Council to reconsider implementing a Citywide business
license.
It was moved by Perry and seconded by Downie to:
Reconsider implementing a Citywide business license and to direct staff to stop
researching the program.
Council discussion followed. Council agreed by consensus to finish the public
comment section of the meeting before voting on the motion.
Jody Moss, Executive Director for United Way, thanked Council and City staff for
their participation and support in the United Way Celebrity Bagger Event.
Barb Frederick, 815 S. Race, issued an invitation on behalf of the Port Angeles
Downtown Association and Nor' Wester Rotary, to Council and staff to attend the
November 13, 2010, Olympic Visions Mural dedication at First and Laurel Streets.
Mayor Di Guilio closed the public comment section.
Council discussion continued regarding the Citywide business license.
It was moved by Collins and seconded by Mania to:
Table the motion to reconsider implementing a Citywide business license and direct
staff to stop researching the program.
Council discussion followed.
Motion failed 2 -5, with Mayor Di Guilio, Deputy Mayor Perry,
Councilmembers Downie, Kidd, and Nelson voting in opposition.
Council discussion followed.
Mayor Di Guilio then called for a vote on the original motion to reconsider
implementing a City -wide Business License and to direct staff to stop
researching the program. Motion carried 6 -1, with Councilmember Mania
voting in opposition.
1. Update of City Metropolitan Area Network
Craig Johnson, Managing Partner with Capacity Provisioning, Inc., provided a
status update of the City Metropolitan Area Network Contract. He described how
the project would increase network speed and create a fiber ring exclusively for the
City of Port Angeles. He stated that all projects were on time, on budget, and had
passed all inspections to date. He invited Council to come and view their facility.
2
•
•
CITY COUNCIL
REPORTS:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CONSENT AGENDA:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Ordinance No. 3414
Ordinance No. 3415
CITY COUNCIL MEETING
November 2, 2010
Councilmember Downie spoke regarding the Council's trip to Bellingham to tour
their waterfront properties.
Deputy Mayor Perry spoke regarding his attendance at the grand opening of the
new Walmart.
Mayor Di Guilio, and Councilmember Nelson, Mania, Collins, and Kidd had no
report.
Mayor Di Guilio added setting the date and time for the closed record appeal
hearing for Nippon Paper Industries to Other Considerations —12.
It was moved by Mania and seconded by Kidd to approve the Consent Agenda
to include: 1.) City Council Minutes for October 19, and 21, 2010; 2.)
Expenditure Approval List: 10/9/10 to 10/22/10 for $3,036,373.75; and 3.) F Street
Substation Feeder Upgrades, Project CL01 -2009, Award. Motion carried 7 -0
1. Utility Retail Rate Adjustments
Public Works and Utilities Director Cutler Director stated that the Ordinance
included retail rate adjustments and that all fee changes had been removed. Council
discussion followed. Mayor Di Guilio conducted a second reading of the
Ordinance by title, entitled,
3
ORDINANCE NO. 3414
AN ORDINANCE of the City of Port Angeles, Washington, revising
Sections of Chapters 13.12, 13.57, and 13.65 of the Port Angeles
Municipal Code relating to Public Works & Utilities Department
Fees.
It was moved by Perry and seconded by Nelson to:
Adopt the Ordinance as read by title.
Motion carried 4 -3, with Kidd, Collins, and Mania voting in opposition.
2. Lipman / Stone Street Vacation
Community and Economic Development Director West discussed the history of the
Lipman / Stone Street Vacation and stated that the Ordinance amended the value of
the property from $25,500 to $ 10,000. Council discussion followed. Mayor Di
Guilio conducted a second reading of the Ordinance by title, entitled,
ORDINANCE NO. 3415
AN ORDINANCE of the City of Port Angeles, Washington, amending
Ordinance 3394 and 3396 by adjusting the compensation owing and
schedule of payment by the Petitioner for vacation of portions of
Vine Street between Whidby and Orcas Streets.
6754
6755
CITY COUNCIL MEETING
November 2, 2010
ORDINANCES NOT It was moved by Nelson and seconded by Downie to:
REQUIRING PUBLIC
HEARINGS: Adopt the Ordinance as read by title.
(Coned)
Council discussion followed.
Ordinance No. 3415
Motion carried 7 -0.
RESOLUTIONS NOT None.
REQUIRING PUBLIC
HEARINGS:
OTHER
CONSIDERATIONS:
PUBLIC HEARINGS — None.
QUASI - JUDICIAL:
PUBLIC HEARINGS-
OTHER:
1. Farmers' .Market — The Gateway Contract
Recreation Manager Bonine discussed the current Farmers' Market contract for The
Gateway facility. He stated that the current charge is $100 per day. He described
previously planned increases of $25 per year, until the final charge was $200 per
day. He also described the City's maintenance costs associated with The Gateway
facility. Council discussion followed.
Cynthia Warren, 715 E. 4 St., Farmers' Market Manager, answered questions from
Council regarding ways to keep The Gateway deck area clean.
Council discussion followed.
It was moved by Collins and seconded by Downie to:
Keep the Farmers' Market fees at $100 per day for The Gateway facility and
authorize the City Manager to sign a facility use agreement with the Farmers'
Market for use of The Gateway facility upon contract completion.
Motion carried 7 -0
Break: Mayor Di Guilio recessed the meeting for a break at 7 :17 p.m. Councilmember
Nelson left the meeting at 7:17 p.m. The meeting reconvened at 7:29 p.m.
1. 2011 Budget — Revenues & Property Tax Levy
Manager Myers introduced Finance Director Ziomkowski, stating that her
presentation tonight would focus on revenues and that she would present
information relating to expenses and property taxes at the next Council meeting.
Finance Director Ziomkowski conducted a PowerPoint presentation on the 2011
Citywide revenues. She provided a description of the Citywide taxes and revenues
collected by fund. She also briefly discussed property taxes, stating that she would
have a more detailed presentation at the next Council meeting.
4
•
•
•
•
PUBLIC HEARINGS- Manager Myers provided the following list of issues, regarding the budget, that he
OTHER: anticipates the City will face in the near future: state -wide initiatives, tax and fee
(Cont'd) increases, recovering costs, sustainability of revenue sources, the end of some major
grants, PERS increases, and union negotiations. He also discussed the upcoming
meetings and public hearings relating to the budget. Council .discussion followed.
OTHER 2. Closed Record Appeal Hearing for the Nippon Paper Industries Appeal ---
CONSIDERATIONS: Set date and time.
(Cont'd)
FINANCE: None.
INFORMATION:
EXECUTPVE SESSION:
Mayor Di Guilio opened the public hearing at 7:48 p.m. There being no public
comment, he continued the public hearing at 7:48 p.m.
Mayor Di Guilio conducted the first reading of the Ordinance by title, entitled,
AN ORDINANCE of the City of Port Angeles, Washington, levying ad
valorem property taxes for the fiscal year 2011, and directing the
City Clerk to certify said amount to the Board of Clallam County
Commissioners.
Mayor Di Guilio asked Councilmembers to suggest possible dates and times for the
closed record appeal hearing regarding the Shoreline Substantial Development
Permit No. SMA 10 -01, Nippon Paper Industries USA Co., Ltd., and the adequacy
of the Final Environmental Impact Statement for that project.
It was moved by Perry and seconded by Mania to:
Set the closed record appeal hearing for December 14 at 6:00 p.m., to be preceded
by a special City Council meeting for an Executive Session at 5:00 p.m.
Motion carried 6 -0.
Manager Myers reminded Council of the next City Manager's Coffee on November
12, the Food Policy Council meeting on November 4, the WTIP public meeting on
November 18, and the early 1:30 p.m. start to the UAC meeting on November 9.
He also spoke regarding the possible date of November 30, for a legislative
luncheon with our State Senator and two State Representatives.
None.
ADJOURNMENT: Mayor .iGuilio adjourned the meeting at 7:55 p.m.
� Di Guilio, ayor
5
ORDINANCE NO.
CITY COUNCIL MEETING
November 2, 2010
Jan Hurd, City Clerk
6756
•
Date: November 2, 2010
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:
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 exportt 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.
6757
6758
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: 5:08 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended: 5:55 p.m.
In attendance:
Mavor Di Guilio, Deputy Mayor Perry,
Councilmembers Collins, Downie, ]Kidd,
Mania and Nelson, Manner Myers, and
Attorney Mike Walter.
G:IGROUPICLERKIFORMSIFORMS AND PUBLICATIONS - CREATION 052010- 0131EXECUTIVE SESSION Fare .wpd