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Home My WebLink AboutMinutes 11/04/2009 • ' CITY COUNCIL MEETING Nort Angeles, Washington November 4, 2009 CALL TO ORDER- Mayor Braun called ta order the regular meeting of the Port Angeles CiTy Council RECULAR MEETING: at 5:30 p.m. ROLL CALL: Members Presenl: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd [arrived at 5:56 p.m.], Perry, Rogers, and Williams. Menabers Absent.• None. StaJf Present.• Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, L. Dunbar, "!'. Pierce, and S. Sperr. Publrc Presenl: T. Callis, P. Cronauer, P. Downie, B. Korby, N. Lynn, and D. Miller. All others present in the audience failed to sign the roster. - PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Rogers ALLEGiANCE: AUJOURN TO The Council adjourned to Eaecutive Session for approximately 30 minutes under EXECUTIVE SESSION: the authority of RCW 42.30.1 10(1)(i), to discuss litigation with legal counsel. The Executive session convened at 5:33 p.m., and at 6:00 p.m. the Executive Session was e�tended for an additional 15 minutes by announcement of the Mayor. Councilmember Kidd joined the Executive Session at 5:56 p.m. RETURN TO OPGN The Executive Session concluded at 6:18 p.m., and the Council convened in regular SESSION: open session. No action was taken. PUBLIC CEREMONIES/ None PRESENTATIONS & EMPLOYEE RECOGMTIONS: PUBLIC COMMENT: Barbara Frederick, 1815 S. Race St., Executive Director of the Port Angeles Downtown Association, addressed Council regarding reopening the public restrooms in the Family Shoe parking lot. She expressed concern for struggling businesses in the downtown area, and the need for accessible restrooms for shoppers. She asked Council to consider reopening the restrooms for at least the holiday shopping season. • 1 � C1TY COUNCIL MEETING November 4, 2009 PUBLIC COMMENT: William McPherson, PO Box 2838, spoke regarding clean up and land use on the � (Cont'd) Rayonier site. He expressed his opposition to residential use on the site, and provided alternatives for land use. He provided Council with a letter and website articles regarding the issue. . Jack Slowriver, Executive Director of Family planning, commended Council regarding continued funding of Health and Human Services through United Way. Bob Step, 115 E. Railroad Ave., spoke in support of reopening the restroom facilities in the do�vntown area. Becca Korby, Executive Director of Healthy Families of Clallam County, spoke regarding the community's need for support of Health and Human Services through United Way, and commended Council for their continued support. Sherry Ellis, 125 W. First St., addressed Council regarding her support for reopening the public restrooms in the downtown area. WORK SESSION: None LATE ITEMS TO BE None � PLACED ON THIS OR FUTURE AGENDAS: ORDINANCES NOT l. Water Rate Adjuslments REQUIRING PUBLIC HEARINGS: Director Cutler used PowerPoint slides to present an update to the Water Rate Study. He addressed operating costs of the Water Treatment Plant, explaining that Water Rate Adjustments the National Park Service and City of Port Angeles settlement would not cover all Ordinanee No. 3381 of the expenses. He explained the financial challenges and allocations of the Water Utility. Brief discussion ensued regarding historical cost increases over the last 5 years. Director Cutler addressed the consequences of deferring the Water Utility's capital projects, citing major incidents and water main breaks over the past decade. He explained how the Fire Deparnnent's Insurance Services Office (ISO) rating relates to the utility, stating that a better ISO rating could lower local citizen's insurance rates. He addressed the recent adjustment in the Water Rate Study, and explained the decrease in the sug�ested rate increase from 8.5% to 7.46%. He provided a list of items for possible elimination from the budget as a way to lower the suggested rate increase further. Lengthy discussion ensued. Depury Direcror Dunbar addressed the possible use of reserves to lower the suggested rate increase. He stated the need for unrestricted cash flow for a minimum of 60 days worth of operating cash. He added that unrestricted cash provides flexibility, and keeps the City from relying on short term borrowing as a solution. He explained that the reserves �vould decrease over $378,000 without a rate adjustment, resulting in a fund reserve balance barely above the one million needed for 60 days of operating costs. Brief discussion ensued regarding reserves and average customer cost increases. • 2 CITY COUNCIL MEETING November 4, 2009 • ORDINANCES NOT Councilmember Aerry stated that he agreed with the original recommendations from REQUIRING PU13LlC staff and the need Por the full Water Utility rate increase. He read a personally HEARINGS: written statement regarding City staff, commending their hard work and criticizing (Cont'd) Council for giving mixed messages to staff. He stated that staff had performed their jobs well, and that the Council's role was to set policy. He expressed his Water Rate Adjustments appreciation for the City Manager and urged Council to trust City staff to do their Ordinance No. 3381 jobs. Brief discussion ensued regarding deferring expenses to lower the percentage (Cont'd) of the rate increase and using reserves to offset the full percentage rate increase requested. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3381 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13.44 of the Port Angeles Municipal Code relating to Water Rates. Lengthy discussion ensued regarding the appropriafe percentage rate to raise the Water Utility rates. Councilmember Perry moved to direct staff to bring back an amended Ordinance including a 6.35% increasc. The motion failed for I��ck of a second. Further discussion ensued regarding the Water Utility's support of the Economic Development Fund, the N10E program, and Emergency Management support. Deputy Mayor Wharton moved to direct staff to bring back an amended Ordinance including a 6% rate increase. The motion was seconded by Councilmember Perry. A vote was taken on the motion, with Deputy Mayor Wharton and Councilmember Perry voting in favor of the motion, and Mayor Braun, Councilmembers Ui Guilio, Kidd, Rogers, and Williams voting in opposition. Thc motion, therefore, failed. Break Mayor Braun recessed the meeting for a break at 7:52 p.m. The meeting reconvened at 8:04 p.m. ORDINANCES NOT Councilmember Perry stated his opposition to lowering the rate increase to 4.5%, REQUIRING PUBLIC and expressed his frustration �vith the lack of compromise for a 6% rate increase. HEARINCS: Councilmember Perry moved to adopt the Ordinance as read by title. The (Cont'd) motion was seconded by Councilmember Williams. Brief discussion ensued regarding possible alternatives to lo�ver the rate increase. A vote was taken on the Water Rate Adjustments motion, which passed 4-3, with Deputy Mayor Wharton, and Councilmembers Ordinance No. 3381 Kidd and Di Gailio voting in opposition. (Cont'd) RESOLUTiONS: None OTHER None CONSIDERATIONS: PUBLIC HEARINGS— None QUASI-JUDICIAL: PUBLiC HEARINGS- !. CronauerStreet Vacation OTHER: Director West presented information regarding the Cronauer Street Vacation. He Cronauer Street Vacation provided graphics regarding the location, including pictures of a retaining wall • already erected on the property. He stated that staff recommended moving for�vard 3 CITY COUNCIL MEETING November 4, 2009 PUBLIC HEARINGS- with the Street Vacation, and recommended charging $10 per square foot for the • OTHER: property. (Cont'd) Mayor 13raun conducted a first reading of the Ordinance by title, entitled Cronauer Street Vacation (Cont'd) ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Fourth Street, Port Angeles, in Clallam County, Washington. Brief discussion ensued regarding whether a permit was obtained before constructing the retaining wall and how the petitioner would pay for the property. Mayor Braun opened the public hearing at 8:14p.m. There being no public comment, the public hearing was continued at 8:14 p.m. 2010 Preliminary Budget — 2. 2010 Preliminary Budgel— Revenues & Properry Tcixes Revenues & Property Taxes Director Giomkowski conducted a presentation using PowerPoint slides on types of revenue sources, General Fund reserves, and recent decreases in revenue. Brief discussion ensued regarding parking fines, building permits, grants, interest revenue, and sales tax. Director Ziomkowski addressed the proposed 1% increase for the Property Tax Levy. She explained the new proposal would increase the regular levy by 1%, but decrease the special levy by $80,000, resulting in a$40,000 net decrease in total property taaes. She summarized the proposed changes for the next five to six years, explaining that by 2015 there would be no special levies. She stated that she plans to use reserves in 2010, as well, to reduce the effects of the special levy on taxpayers. Mayor Braun opened the public hearing at 8:31 p.m. Scott Chandler, 1314 S. O St., Executive Director of the Olympic Peninsula Humane Society, addressed Council regarding his per animal fee cost proposal, for the continuation of animal sheltering services for the City. He stated that the diffe`rence bet�veen the fee based calculation and the current contract amount with the City was approximately $20,000. I-le asked Council to consider the Humane Society's budgetary needs when addressing the 2010 Preliminary Budget. There being no further testimony, at 8:36 p.m., Mayor Braun continued the public hearing. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, levying regular ad valorem property taxes for the fiscal year 2010, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. Brief discussion ensued regarding costs for the Olympic Peninsula Humane Society. • 4 CITY COUNCIL MEETING November 4, 2009 • PUBLIC HEARINGS- Councilmember Di Guilio addressed the previous addition of Family Fun Day to OTHER: the 2010 Preliminary Budget at the last Council meeting, and asked that Council (Cont'd) agree to remove it from the Budget. Brief discussion ensued regarding funding for Family Fun Day and outside volunteer organization fundraising for the event. 2010 Preliminary Budget — Councilmember Perry agreed to lead the fundraising efforts for Family Fun Day. Revenues & Property Eiy consensus, Council agreed to remove Family Fun Day from the 2010 Taxes Nreliminary Budget. Brief discussion ensued regarding the reopening of the public (Cont'd) restrooms in the downtown area. By consensus, Council agreed to reopen the public restrooms downtown. CITY COUNCI L Councilmember Di Guilio reported on the upcoming public hearings for the COMMITTEE William Shore Memorial Pool District Tax Levy at the Clallam County Courthouse. REPORTS: INFORMATION: Manager Myers informed Council of the reports included in their packets. He thanked the citizens for their opposition to State Initiative 1033. I-le presented � Directors Cutler and Ziomkowski with Celebrity Grocery Bagger awards for their involvement in the United Way event. FINANCE: None CONSENT ACENDA: Councilmember Pcrry moved to accept the Consent Agenda, to include: l.) City Council Meeting Minutes of October 13, and 20, 2009; 2.) Expenditure Approval List form 10/10/09 to l0/23/09 for �2,376,49232; 3.) Material Purchase: Electrical Transformers, #LO-09-020; 4.) Material Purchase: Wood Power Poles, #LO-09-021; 5.) Economic Development I�und Policy—Ratification; 6.) Amendment No. 5 to Brown & Caldwell CSO Consultant Agreement; 7.) Parking Business Improvement Area (PBIA) Ordinance [constitutes first reading of Ordinance]; 8.) Table Peninsula College Street Vacation; and 9.) Surplus Vehicles for Disposal. The motion was seconded by Councilmember Rogers. A vote was taken on thc motion, which carried unanimously. ADJOURIVMENT: The meeting was adjourned at 8:56 p.m. �._� '�' /�_� lJ ( /_/��.LL Gary Braun, ayo� Ja sa Hurd, City Clerk • 5 EXECUTIVE SESSION Date: /�o (l y � � Expected length of session: �� Is action expected following the session: �`� At:the start of;Ezecutive Sess�on,,r;emmd-fparti�ipant� that; � � � .. . . .. • Only announced topics may be discussed • No final action can be taken in Executive Session • Discussions are confidential Reason for 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 export trading company. To receive and evaluate complaints or charges brought against a public of�cer 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 discipluung an employee, that action shall be taken in a meeting open to the public. To evaluate the qualifications ofa 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. i 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 grantin�, suspending, revokin�, 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. 0 `� Time session began: �� ✓ In att ance: �l C� �� Was session extended .Q�Dr��t,ixCc �iu�c��c{�r.l' by announcement: �l L s , ��t'►'►� Vlw�s G,vv� i,�ecQ� 5: S(� o• �. [f so, when: G? ' (�'.�?orv�.. �I/� �� ' e�/ s Time session ended: �p � ��h�- ,�� Mayor City erk G:\LEGAL\Forms\GXGCU'I'IVE SESSION.061509.wpd , I