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HomeMy WebLinkAboutMinutes 12/02/2008 e CALL TO ORDER - SPECIAL MEETING EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURN SPECIAL MEETING: CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: e 6358 CITY COUNCIL MEETING Port Angeles, Washington December 2, 2008 Mayor Braun called the special meeting of the Port Angeles City Council to order at 5:33 p.m. Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive Session for approximately 30 minutes under the authority of RCW 42.30.140(4), planning the position to be taken in collective bargaining, with no action to follow. The Executive Session convened at 5:33 p.m. The Executive Session concluded at 6:00 p.m., and the Council convened in regular open session. No action was taken. The special meeting adjourned at 6:00 p.m. Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:06 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: None. Staff Present: Interim Manager Osterman, Attorney Bloor, Deputy Clerk Hagar, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, B. Coons, 1. Lafferty, T. Pierce, S. Roberds, and 1. Seniuk. Public Present: L. Crowley, H. Lutz, A. & M. Williams, O. Campbell, P. Gagnon, K. Beirne, L. Hunt, L. Martin, E. Johnson, P. Lamoureux, T. Moore, A. Barnard, E. Behrmann, R. Canaan, R. Vienneux, S. Nixon, D. Schanfald, T. Hickes, J. Moss, B. Korby, C. Reeves-Sperr, L. Costello, V. Zmuda, and V. Lynn. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Mayor Braun. Darlene Schanfald, 481 Holgerson Rd., P. O. Box 2664, Sequim, spoke regarding the Harbor- Works PDA, repeating her comments from the May 20,2008, Council meeting. Ms. Schanfald stressed that she felt no public funds should be used to bailout Rayonier for the clean up of its former site. Herbert Lutz, 408 S. Lincoln St., owner of Maria's Restaurant, stated his sign had been stolen by his previous tenant and now the City will not allow him to replace it with a like sign. He stated that Councilmember Kidd told him to bring the issue before the Council for help in resolution. - 1 - I 6359 I ! I I I ! CITY COUNCIL MEETING December 2, 2008 PUBLIC COMMENT: (Cont'd) Break PUBLIC HEARINGS - OTHER: 2009 Budget Ordinance No. 3352 Ordinance No. 3353 Ordinance No. 3354 Rob Vienneux, 585 Wasankari Rd., a volunteer attorney for Pro Bono Attorneys, spoke on behalf on Mr. Lutz, asking for assistance in resolving the sign issue. Katherine Beirne, 1122 S. Cedar St., Port Angeles, read aloud from a letter to the City Council regarding the closure of the Pool, which asked for answers to questions about the Pool's budget. She asked Council to reconsider the Harbor-Works PDA and redirect those funds to the Pool. e Norma Turner, 3928 Mt. Angeles Rd., Port Angeles, read aloud from a memo to the Council regarding the recent meeting ofthe Harbor-Works PDA that she had attended, encouraged the formation of a City Council Task Force regarding the PDA, and noted she had reviewed the City's budget and suggested various improvements to it. Sue Hynes, 316 W. 12th Street, Port Angeles, asked that part of the money from the graving yard settlement be used for the Pool, Fine Arts Center, and Marine Lab rather than the Harbor-Works PDA. She left the Council with several questions regarding the closure of the Pool and whether or not the Pool would be tom down if closed. Shirley Nixon, 1029 W. 5th Street, POBox 178, Port Angeles, thanked Council for the opportunity to speak and thanked Mayor Braun, Deputy Mayor Wharton and Councilmember Perry for attending the "Open Government Forum" held recently. Ms. Nixon then requested that Council record its Executive Sessions, requested that all members of the Council participate in the PDA Task Force and read aloud quotes from various Councilmembers from the May 20, 2008, Council meeting. Anne Shaffer, 264 Crescent Bay Lane, POBox 2263, Port Angeles, agreed with the previous speakers regarding the Pool and the PDA and asked that the Council redirect the PDA funds to the Pool. Further, Ms. Shaffer felt the budget process should be revamped, allowing for more public input and direction. Ed Johnson, 312 E. 12th St., Port Angeles, spoke against the Harbor-Works PDA, stating his hope that the City will opt out of participation in the PDA. Lee Hunt, 904 S. Pine St., Port Angeles, spoke against the need for a Harbor-Works PDA and felt the money should be redirected to use by the Pool. Mayor Braun recessed the meeting for a break at 6:45 p.m. The meeting reconvened at 7:02 p.m. I. 2009 Budget: Metropolitan Park District Election costs: Manager Osterman provided information relative to the potential costs to conduct an election to form a metropolitan park district for the purpose of financing and maintaining the William H. Shore Memorial Pool. The estimated cost of$82,000, to be split by the City and the County, could include the option of including the Crescent and Port Angeles School District boundaries and having elections for Park District Commissioners. Discussion ensued, with Manager Osterman responding to questions and providing clarification regarding the election, its costs, the sharing of elections costs with the County, and the purpose and duties of a Metropolitan Park District. It was noted that determination of the election date is of prime importance, as enough time is needed for the Save the Pool Committee to get its information gathered for the election and time is needed after the election to make for a smooth transition should the voters approve the formation of a Park District. Councilmember Rogers stated she would not support funding the election from reserves and further discussion was held regarding what should or should not be funded from reserves. Also discussed was the true cost of Pool operations vs. the amount of the Pool budget deficit. e - 2 - PUBLIC HEARINGS - OTHER: (Cont'd) e 2009 Budget Ordinance No. 3352 Ordinance No. 3353 Ordinance No. 3354 e CITY COUNCIL MEETING December 2, 2008 6360 Deputy Mayor Wharton moved to support the election up to half of the cost of two districts with an elected board. Councilmember Perry seconded the motion. Following clarification by Attorney Bloor, a voted was taken on the motion, which carried unanimously. Director Ziomkowski used PowerPoint slides to review and respond to questions and comments made during past public hearings on the Budget. She provided a brief overview of the 2008 amended and 2009 final Budget, and reviewed the new Cultural Resources Fund and the parking violations ordinance. Mayor Braun continued the public hearing at 8: 10 p.m. Gary Holmquist, 238 Grant Street, Port Angeles, on behalf of the Save the Pool Committee, thanked the Council for its support ofthe election for a Metropolitan Parks District. and asked that the boundaries of the election be the Port Angeles School District. Mr. Holmquist requested the election be held in May, in order to allow the Save the Pool Committee sufficient time to prepare the necessary information for the election, and asked for the support of Public Works and Finance Department staff during the election process. Rebecca Korby, 928 W. 15th Street, Executive Director of Healthy Families ofClallam County, asked Council to reconsider cutting the funding for Human Services. She understood the economic challenges the City faces, but the need for human services is great. Lori Wilcox, no address given, a client of Healthy Families, noted all the help she has received through Healthy Families and asked Council to reconsider cutting Human Services funding. Rebecca Korby, 928 W. 15th Street, returned to the podium to inform the Council that the $13,000 received from the City averages out to $12.45 per person assisted. Brian Hanning, 922 Ahlvers St., a single father offour, noted the help he has received from Healthy Families and asked that funding not be cut. Jody Moss, 73 Bridge Lane, Port Angles, Executive Director of United Way, spoke in support of continued funding for Health and Human Services. She stated that a cut in funding will result in a cut in staff as well as services. She asked Council to reconsider the funding cuts and asked for a Council member to work with United Way for distribution of the funds and prioritizing who would receive those funds. 1. R., 116 E. Front St., owner of the Blue Dolphin; asked for clarification on the parking violations ordinance. He felt two hours is not enough time to shop in downtown and would be a deterrent to shoppers, as they can park in the lots of the big box stores as long as they wish without fear of a ticket. He asked for the three strike rule, first ticket $10, second $15, third $25 and felt a three-hour limit to be more reasonable. Lisa Cook, no address given, stated she lives in a Healthy Families Home, noting it's the first time in her life she has been able to stay sober. She asked for no budget cuts to Human Services. Candy Munger, no address given, lives in a Healthy Families Home, stated that she was able to remove herself from an unhealthy and violerit relationship thanks to Healthy Families, and asked that Human Services funding not be cut. Jessica Berry, no address given, lives in a Healthy Families Home and is a single mother of two. She has been able to better herself thanks to the help she received through Healthy Families and asked Council to not cut its funding. - 3 - 63~1 I I I I I I i I I p; CITY COUNCIL MEETING December 2, 2008 PUBLIC HEARINGS - OTHER: (Cont'd) 2009 Budget Ordinance No. 3352 Ordinance No. 3353 Ordinance No. 3354 Victoria Zmuda, 2202 W. 18th St., asked for reconsideration of funding cuts to Human Services. She stated the help she has received through First Steps Program has been invaluable. Greg Shield, 537 W. 7th St., noted the support of the community toward saving the Pool and asked Council to reconsider funding cuts for the Pool and Human Services. e Norma Turner, 3928 Mt. Angeles Rd., inquired as to whether gasoline contracts can be locked in at current prices, therefore allowing further budget cuts for gas purchases. She also asked if the City was going to pursue bonds for utility infrastructure, and if so, _ why, as the settlement money can be used for water projects. Jericho Hathaway, address not stated, asked the Council for no funding cuts to Human Services. Jim Haguewood, 705 Christman Place, Port Angeles, spoke regarding the Economic Development Fund, suggesting the Council be considerate and strategic in the use of the settlement money, as it is a one-time event and should be used to get the best results for the community. Chuck LeBer, 401 Whidby Ave., read aloud a letter to the Council signed by his wife, regarding the clean up of the Rayonier site, comparing it to a similar situation she experienced while living in Butte, Montana. Lora Costello, 516 Ahlvers St., an employee of First Step, asked Council to reconsider cutting funding to Human Services. Mayor Braun closed the public hearing at 8:51 p.m. He conducted a first reading of the Cultural Resources Fund Ordinance by title, entitled ORDINANCE NO. 3352 AN ORDINANCE of the City ofPort Angeles, Washington, establishing a new fund in the City Treasury, the Cultural Resources Fund, and a new Chapter 3.28 of the Port Angeles Municipal Code. Councilmember Williams moved to waive the second reading of the Ordinance. Councilmember Rogers seconded the motion, which carried unanimously. Councilmember Kidd moved to adopt the Ordinance as read by title. Councilmember Rogers seconded the motion, which carried unanimously. Mayor Braun conducted a second reading of the Parking Tax Ordinance by title, entitled ORDINANCE NO. ~ AN ORDINANCE of the City ofPort Angeles, Washington, revising Title 3 of the Port Angeles Municipal Code to add a new Chapter 3.60 to provide commercial parking tax provisions to the City of Port Angeles. It was moved by Deputy Mayor Wharton and seconded by Councilmember Perry to adopt the Ordinance as read by title. Following discussion and clarification, a vote was taken on the motion, which carried by a majority, with Councilmember Rogers voting in opposition. e Mayor Braun conducted a second reading of the Budget Ordinance by title, entitled - 4- PUBLIC HEARINGS - OTHER: (Cont'd) e 2009 Budget Ordinance No. 3352 Ordinance No. 3353 Ordinance No. 3354 Break OTHER CONSIDERA nONS: e Port Angeles Swim Club Agreement Extension CITY COUNCIL MEETING December 2, 2008 6362 ORDINANCE NO. 3354 AN ORDINANCE of the City of Port Angeles, Washington, amending the 2008 budget and adopting the 2009 budget for the fiscal year ending December 31, 2009. It was moved by Deputy Mayor Wharton and seconded by Councilmember Rogers to adopt the Ordinance as read by title. Discussion followed, with Council acknowledging the difficulty in making these budget decisions, especially based on the stories heard this evening. A vote was taken on the motion, which carried by a majority, with Councilmember Williams voting in opposition, as he felt he needed something from the community which listed what was essential vs. discretionary. Mayor Braun read the Parking Violations Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City ofPort Angeles, Washington, amending Chapter 10.20 of the Port Angeles Municipal Code relating to penalties for parking violations in the City of Port Angeles. Councilmember Perry moved to waive the second reading, which was seconded by Councilmember Rogers. Discussion followed regarding whether wai ving a second reading of the Ordinance was necessary, as it would not delay the budget process. In view of the fact that a downtown merchant spoke to this issue, it was felt that more input should be sought from the downtown merchants. Councilmember Perry withdrew his motion and Councilmember Rogers agreed as seconder of the motion. Discussion then followed regarding the three-step ticket process as proposed by JR, owner of the Blue Dolphin, and whether parking hours should be changed as opposed to issuing more tickets. At Council's request, Community & Economic Development Director West will seek input from the Downtown Association on these issues. Regarding the three ticket process, Police Chief Gallagher noted that parking enforcement personnel would not have the information regarding tickets written to a certain vehicle. Therefore, a call would have to be made to verifY the status before each ticket could be written, which would be burdensome and largely unnecessary. Mayor Braun recessed the meeting for a break at 9:32 p.m. The meeting reconvened at 9:42 p.m. Due to the lateness of the hour, Councilmember Di Guilio asked that Agenda Items E.!., Establish Traffic Violations Bureau; and G.!., Port Angeles Swim Club Agreement Extension be moved to the Consent Agenda. Attorney Bloor noted a correction to the agenda, as it would be the first reading of the Ordinance for establishing the Traffic Violations Bureau. As there were questions regarding the Swim Club Agreement, it was not moved to the Consent Agenda. 1. Port Angeles Swim Club Agreement Extension: Director of Public Works & Utilities Cutler stated the word "extension" should be stricken, as it is basically a new contract which covers fees and addresses a termination clause. Deputy Mayor Wharton moved to approve and authorize the Mayor to sign an agreement with the Port Angeles Swim Club. Councilmember Kidd seconded the motion. During discussion, it was discovered that the Port Angeles School District has not yet accepted the terms and conditions of the new contract. - 5 - 63~3 I I I CITY COUNCIL MEETING December 2, 2008 Port Angeles Swim Club Agreement Extension (Cont'd) WORK SESSION: Port Angeles Harbor- Works Task Force Meeting Extended Past 10:00 p.m. WORK SESSION: (Cont'd) Port Angeles Harbor- Works TaskForce (Cont'd) Therefore, it was moved by Councilmember Williams, seconded by Councilmember Rogers, and carried unanimously to table this item to the next meeting. e 1. Port Angeles Harbor-Works Task Force:. Deputy Mayor Wharton noted that the community has expressed concerns relating to the process in which the PDA was chartered, its structure, goals, and the liability of clean up. She felt that things may have moved too quickly in forming the PDA and that Council should step back and address the issues of concern in order to be able to move forward, as a community, in an effective manner. Deputy Mayor Wharton felt the formation of a Task Force will allow for review and clarification of areas of concern and would be responsible for taking corrective action, should it be required. Discussion followed and it was felt that the full Council as well as the Port Commissioners should participate in discussions, that information that had been provided at previous meetings should be represented, all questions asked and clarified, problems addressed, and ensure that the City and Port have the same vision for the property. There has been a cloud over the PDA since its formation, and a supported effort is necessary in order to get the facts out to the public. It was pointed out that Rayonier has title to the property, not the City. Ifthe City offers no cooperation, Rayonier could perform a minimum clean-up and cap off the site allowing no public access. The purpose of the PDA was to help get the land put back into economic viability. Councilmember Williams moved to extend the meeting past 10:00 p.m. Councilmember Perry seconded the motion, which carried unanimously. Deputy Mayor Wharton stated she would like to discuss the Auditor's report, re- analyzation of the decision to create a PDA, the composition of the PDA Board and review of its Charter, the roll of the Lower Elwha Tribe, and any liability questions. Councilmember Rogers stressed that the City has never advocated that it would be responsible for clean-up of the site, and looked forward to having this issue clarified. Discussion followed regarding who should be a part ofthe Task Force. It was strongly felt the Port should be present at the meeting, as the PDA was created as ajoint venture with the Port. The City Manager was directed to contact the Port to set up a Work Session with the evening of Tuesday, December 9th or Wednesday, December 10th as possible meeting dates. Councilmember Rogers felt a review of the presentation on the formation of a PDA given at the May 20, 2008, Council meeting would be in order and Councilmember Perry asked if results of the survey from the public input meeting held in October, 2007, were available for review. If so, that would be the best starting place as that is when discussions began. It was further pointed out that interest in the site began with the Harbor Management Plan and with the City's wish to acquire the Rayonier tank for use in its combined sewer overflow project. Deputy Mayor Wharton felt a lot of material had been discussed and asked what questions should be addressed at this first Work Session. Councilmember Rogers suggested they include a review of why the PDA was created, who is responsible for clean-up of the site, and liability issues. It was stressed that this meeting is a Council _ work session and no public comment will be allowed at this first meeting. The purpose _ is to help answer questions the Council has and public input can be heard at a future meeting. However, Council would like the freedom to call upon others in attendance - 6 - WORK SESSION: (Cont'd) e Port Angeles Harbor- Works TaskForce (Cont'd) ~'... ~~'.. \'\._~+,.' ':., .. .. OT-HER " " CONSIDERATIONS: (Cont'd) AFSCME Local #1619 Labor Contract CONSENT AGENDA: INFORMATION: e CITY COUNCIL MEETING December 2, 2008 6364 to answer questions if necessary, ' Deputy Mayor Wharton moved to convene a joint work session of the full City Council and the Port of Port Angeles Commissioners at a date and time to be determined to review the formation of a PDA. Councilmember Kidd seconded the motion. Following brief clarification, a vote was taken on the motion, which carried unanimously. 2. AFSCME Local #1619 Labor Contract: Human Resources Manager Coons provided a summary of the new labor contract with the American Federation of State, County, and Municipal Employees Local #1619 (AFSCME) for the period covering January 1,2009, through December 31,2010. The agreement provides a cost of living adjustment of 5.58% for 2009 and 90% of the Seattle-Bremerton CPI for 2010, with a minimum of 2% and a maximum of 5%. The employees will enroll in a different medical plan resulting in a reduction of medical costs. Mr. Coons indicated the union membership has ratified the tentative agreement. Councilmember Di Guilio stated that he would support a motion to approve this contract; however, he would like the Council to set aside time in the future to discuss priorities and methodology for salary increases to be incorporated into future contracts. Councilmember Rogers moved to approve and authorize the Mayor to sign the labor contract between the City and AFSCME Local #1619, for the contract period covering January 1, 2009 through December 31,2010. Councilmember Kidd seconded the motion, which carried unanimously. Mayor Braun read the Ordinance by title, entitled . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Title 10 of the Port Angeles Municipal Code to add a new Chapter 10.30 to establish and set forth the functions of the City of Port Angeles Traffic Violations Bureau. Councilmember Perry moved to accept the Consent Agenda, to include: 1.) Adopt the Ordinance as read by title; 2.) City Council Minutes of November 18,2008; Special Meeting Minutes of November 19,2008; 3.) Expenditure Approval List from 11/8/2008 to 11/21/08 for $1,352,660.87; 4.) Tree Trimming, Project WF-81614/1, Final Acceptance; 5.) Canyon Edge Cable Repairs, Project CL09-2007, Final Acceptance; 6.) Economic Development Council Contract Modifications; and 7.) Contractor Services - 1610 AM Radio. Deputy Mayor Wharton seconded the motion. Following brief comment, a vote was taken on the motion, which carried unanimously. Mayor Braun thanked staff for all their efforts in the budget process, acknowledging the difficulties in arriving at a final budget. Returning to discussion of a Work Session on the Harbor-Works PDA, Deputy Mayor Wharton asked that the Tribe be invited to attend the meeting as a show of respect. Councilmember Rogers will call Frances Charles and extend the invitation. Mayor Braun reminded the Council that there would be a Harbor- Works PDA meeting on Wednesday, December 3rd at 2:30 in the Vern Burton meeting rooms and that Friday, December 5th, Council will meet to interview candidates for the City Manager position. - 7 - 63~5 I I I I I I I I CITY COUNCIL MEETING December 2, 2008 INFORMA nON: (Cont'd) ADJOURNMENT: Councilmember Kidd reminded everyone of the City Christmas party to be held December 13th. The meeting adjourned at 10:45 p.m. e .u /~~ _ Gary ~yor ~.I- e - 8 -