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HomeMy WebLinkAboutMinutes 03/03/19922208 CITY COUNCIL MEETING Port Angeles, Washington March 3, 1992 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:38 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, J. Pittis, B. Titus, B. Henderson, K. Ridout, and B. Coons. Public Present: T. Puckett, B. Haselton, L. Beil, C. Souders, P. Lamoureux, D. Steinecker, G. Pettit, T. & I. McKeown, J. Drabing, N. Conklin. ADJOURN TO Mayor Hallett adjourned the meeting to executive session at 6:38 p.m., for the EXECUTIVE SESSION: purpose of discussing matters of litigation for approximately 20 minutes. RETURN TO OPEN Mayor Hallett returned the meeting to open session at 7:01 p.m. SESSION: CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:10 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by JoAnn Fredrickson's CampFire ALLEGIANCE: group. Members present: Andrea Bruch, Melanie Rushton, Jessica Ruud, Lisa Fredrickson, Laura Osterberg, Kala Fredrickson, Hayley Deane, Rachel Curtin, Rachel Sullivan, Danika Hailer, Maranda Wight. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: the City Council of February 18, 1992. Councilman Braun seconded the motion. Councilwoman Sargent corrected the minutes to show that, when she reported on attending the Growth Management meeting, she was reporting for Councilmen Ostrowski and Schueler, as well, and requested their names be inserted. Councilwoman Sargent also noted that on Page 3, second paragraph from the bottom, Linda DeBord was speaking as an individual and a Soroptimist member. She was not, in fact, speaking on behalf of Soroptimist International as an official spokesman. On call for the question, the motion carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: CITY COUNCIL Councilwoman Sargent reported attending the EDC retreat where a review of the COMMITTEE mission statement and goals was conducted. The EDC is redirecting its focus toward REPORTS: diversification and also will be placing more emphasis on helping existing businesses. Councilman Schueler attended the Health Advisory Board meeting at which time environmental health issues were addressed. It is expected that inspections will be increased for those establishments serving food. -1- 2209 CITY COUNCIL MEETING March 3, 1992 CITY COUNCIL Councilman Braun reported on attending interviews for the president of Peninsula COMMITTEE College, as well as a meeting on the Comprehensive Plan. He also attended the REPORTS: meeting on behavioral medicine. (Cont'd) Councilman Wight attended the Chamber of Commerce Board meeting during which time the City was urged to have the Vern Burton renovation complete by September. Mayor Hallett reported he has had several meetings, including the Visitor and Convention Bureau, which will be coming to the Council to give an update on the operation. Additionally, both the Chamber and the Convention Bureau are working on a proposal, more information on which will be available to the Council in the near future. The North Olympic Peninsula Library would like to be on the Council's March 17th agenda. Mayor Hallett indicated he will be unable to attend the Utility Advisory Committee meeting on March 9th. FINANCE: None. CONSENT AGENDA: Councilwoman Sargent moved to accept the items listed on the Consent Agenda, including: (1) Call for bids for 1992 maintenance materials for Water, Wastewater, and Street Divisions; (2)Vouchers for February 28, 1992, of $2,058,858.40; and (3) Payroll for period ending 02-16-92 of $303,116.86. Councilman Schueler seconded the motion. Councilwoman Sargent questioned an item under the Street Fund relating to backhoe rental and asked if the City owned a backhoe. Director Pittis said there are two backhoes owned by the Water Division which are used almost constantly. Street rents a backhoe by the hour and is billed for the number of hours used for a particular period. The questioned period probably covered extensive storm damage repair; however, Director Pittis offered to further pursue the matter and report back to Councilwoman Sargent. Councilman Ostrowski questioned a payment under the Light Department to the Department of Revenue in the amount of $73,460. Light Director Titus responded it was payment of excise taxes; however, he will pursue the matter to be certain. On call for the question, the motion carried unanimously. ITEMS FROM THE Paul Lamoureux, 122 West Boulevard, asked about the clearing and grading AUDIENCE/ ordinance - whether the scheduled matter would be open for public comment. COUNCIL/STAFF Attorney Knutson indicated there will be a public hearing on the proposed ordinance. TO BE CONSIDERED Technically, a hearing on the ordinance is not required and, in his opinion, the OR PLACED ON A appearance of fairness doctrine would not apply. Nevertheless, he felt it appropriate FUTURE AGENDA: to avoid any potential problems by waiting for public input at the scheduled hearing. He added it is possible to direct questions to City staff at any time. Larry Leonard, 1030 Olympus, advised the Council that a portion of the clearing and grading ordinance had been inadvertently omitted and said the Planning Commission had agreed that all provisions of the ordinance should be exempt if the property was one acre or less. Planning Director Collins pointed out that some of Mr. Leonard's concerns had not been fully discussed by the Planning Commission. Lengthy discussion ensued concerning the intended language of the proposed ordinance. Mr. Leonard indicated the Planning Commission might need to reconsider the matter before presentation of the final proposed ordinance to the Council for the public hearing. Manager Pomeranz asked that the matter of the Elwha Dam Restoration Act be added to the agenda as Item No. E.7., as well as the addition of a request from ITT Rayonier for a City Council representative to an environmental committee as agenda item No. E.8. LEGISLATION: A. Public Hearings Public Hearings 1. Surplus City-owm~d Property Surplus City-Owned Property Manager Ridout illustrated the parcels of City-owned property considered Property by the Real Estate Committee, including descriptions of locations and improvements, if any, which would be needed to make the properties marketable. The City has also received an offer to sell 34 or 35 lots south of Highway 101, in the Valley Creek -2- 2210 CITY COUNCIL MEETING March 3, 1992 LEGISLATION: Ravine, for $8,250. The Real Estate Committee recommended purchasing this (Cont'd) property. Public Hearings Mayor Hallett opened the public hearing at 7:58 p.m. Surplus City-Owned Leonard Beil, 3721 Park Knoll, a member of the Parks & Recreation Commission, Property (Cont'd) commented on the offer to sell to the City the lots in the Valley Creek Ravine. Acquisition of this property would provide an opportunity for public access from the Waterfront Trail to the Black Diamond area. He recommended that the Council approve the purchase of the property. With respect to the six lots on unimproved 18th Street, the total area would be less than an acre and would be exempt under the proposed filling and grading ordinance. Larry Leonard, 1030 Olympus, referenced the suggestion concerning a possible latecomer's fee for improvements in the several presently unimproved areas proposed for surplus. He suggested latecomer's fees be made available to private individuals or developers who improve a lot and must improve the access which would later benefit other properties. Mayor Hallett closed the public hearing at 8:06 p.m. Councilman Wight moved to accept the recommendations of the Property Manager as written under the Public Works Department memo, with the exception that Property//7 he omitted pending a determination that a sale would not conflict with any transportation plans and further, concerning Group D, Property //9, that if a reasonable price or donation of the property can he attained, it would be desirable to have that property under City ownership. Councilman Nicholson seconded the motion. In the ensuing discussion, Councilwoman Sargent asked where the funds would be derived for the improvements and the acquisition of the lot in the Valley Creek Ravine. Property Manager Ridout indicated the funds would come from the account established for the proceeds of sale of City-owned real estate, and when the lots are sold, the proceeds would go back into that account. Property Manager Ridout offered to provide the Council with information on the final expenses for improvements so the Council could establish the minimum purchase price on the properties. Mayor Hallett agreed this would be appropriate. On call for the question, the motion carried unanimously. Code of Conduct - B. Ordinances not requiring public hearings Federal Grant Funds - Ordinance No. 2681 1. Code of Conduct for administration of federal grant funds Mayor Hallett reviewed the reasons behind preparation of this proposed ordinance, which he read by title, entitled ORDINANCE NO. 2681 AN ORDINANCE of the City of Port Angeles establishing a code of conduct for the administration of federal grant funds and creating a new Chapter 2.72 of the Port Angeles Municipal Code. Councilwoman Sargent moved to concur with the recommendation of the Department of Public Works and adopt the Ordinance as read by title. Councilman Braun seconded the motion. Following brief discussion, a vote was taken on the motion which carded unanimously. Washington Cities C. Resolutions not requiring public hearings Insurance Authority 1. Authorization to join Washington Cities Insurance Authority Mayor Hallett reviewed the background leading to the preparation of this resolution. Human Resources Manager Coons reviewed the report and recommendation of the -3- 2211 CITY COUNCIL MEETING March 3, 1992 LEGISLATION: City's insurance consultant, ARM-Tech, to purchase property and liability coverage, (Cont'd) as well as enhanced fidelity bonds for City officials. Washington Cities Councilwoman Sargent inquired as to the length of the agreement in the event the Insurance Authority - City wished to later change the deductible. Lewis Leigh, Executive Director of Resolution No. 12-92 WCIA, responded that decision can be made annually. Councilman Wight asked if (Cont'd) the members of the Pool were bound to keep the Pool solvent in the event of a catastrophic loss by one or more members. He was advised the members are bound to resolve the losses within the time period of which they are a member. If the Board determines the Pool should be disbanded, it has that power. Mayor Hallett then read the Resolution by title, entitled RESOLUTION NO. 12-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing the City to join and participate as a member in the Washington Cities Insurance Authority. Councilman Nichoison moved to pass the Resolution as read by title. Councilman Ostrowski seconded the motion. Councilman Wight asked for a breakdown of the source of funds; i.e., the impact on the General Fund and the individual Utility Funds. City Manager Pomeranz indicated this would be determined by the level of exposure to the fund, but there would probably be a 50-50 split. Funds have been provided to purchase this coverage in the 1992 budget. Councilman Nicholson offered to amend the motion to authorize the City to become a member of WCIA for the purchase of insurance in the amount of $153,096 per year as referenced in Attachment B. Councilman Ostrowsld accepted the amendment to the motion. Mr. Leigh reviewed the details as to how the rates are developed. He indicated there is ten years' of accurate loss data applying to Pool members only. The City would be rated against itself and the rest of the group. A bad loss year will count against the City. The last three years are examined to determine the loss record. On call for the question, the motion carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items None. Break Mayor Hallett recessed the meeting for a break at 8:44 p.m. The meeting reconvened at 9:06 p.m. Senior Center E. Other Considerations Architect 1. Selection of Senior Center Architect Mayor Hallett reviewed the information provided by the Parks & Recreation Department regarding selection of the Senior Center architect. Discussion followed regarding the basic figures to be included in the contract to be prepared and the scope of services to be provided by the architect. The question was raised as to how much of the work would be assigned the local architect and Rex Bond, ARC Architects, reviewed the various phases and the level of local participation which he equated to an approximate value of $20,000. Councilman Wight moved to agree to the financial terms of the consultant services as outlined in the staff memo, and authorize the Mayor to sign a contract with ARC Architects which reflects these terms. Councilman Braun seconded the motion which carried unanimously. -4- 2212 CITY COUNCIL MEETING March 3, 1992 LEGISLATION: 2. Contracts: (Cont'd) a. Consideration of contract for microfilming services Microfilming Services Contract Mayor Hallett reviewed the information provided for awarding a contract for microfilming services. Councilman Ostrowski moved to authorize the Mayor to sign an agreement with Copies Plus of Port Angeles, for the period January 1, 1992, through December 31, 1992, to provide microfilming services. Councilman Nicholson seconded the motion which carried unanimously. Legal & Retail b. Consideration of contracts for legal and retail advertising Advertising Contracts Mayor Hallett reviewed the information provided for awarding a contract for legal and retail advertising, to the Peninsula Daily News, at an increase over last year - ranging from 7 % to 7 1/2%. Councilman Ostrowski moved to authorize the Mayor to sign the agreements with the Peninsula Daily News to provide legal advertising and retail advertising for the calendar year, 1992. Councilman Braun seconded the motion. Councilman Ostrowski asked if any other newspapers had responded to the solicitation for bids and was told there were none. A vote was taken on the motion which carried unanimously. Chamber of c. Chamber of Commerce Contract Commerce Contract Mayor Hallett reviewed the information regarding the tourist promotion contract with the Chamber of Commerce for the calendar year, 1992. Councilman Nichoison moved to authorize the Mayor to sign the contract with the Chamber of Commerce for tourist promotion services to be rendered during the calendar year, 1992. Councilwoman Sargent seconded the motion which carried unanimously. Apprentice 3. Request to add an apprentice lineman to Light Department and adjust Lineman budget accordingly Mayor Hallett reviewed the information from the Light Department regarding the start of an apprentice lineman program at an estimated cost of $40,000. Councilwoman Sargent moved to authorize an additional position for City Light for an individual to enter the Apprentice Lineman Program and that the 1992 City Light budget be revised accordingly. Councilman Braun seconded the motion. Councilman Braun asked Light Director Titus if there was a list of possible candidates for the program. Director Titus said until funding was available, no advertising for candidates had been done. Following State approval of the apprenticeship program, the advertising will be undertaken. There is a great deal of interest in this program in the community. On call for the question, the motion carried unanimously. Tree Trimming Call 4. Request to call for bids for tree trimming for Bids Mayor Hallett reviewed the information from the Light Department regarding the need for professional tree trimming services in the area of power lines. Councilwoman Sargent moved to authorize the Light Department to call for bids for tree trimming services and to authorize the Director to sign a contract. Councilman Braun seconded the motion. Councilman Wight asked why there would likely be no local bidders to trim trees near energized power lines. Director Titus responded the Washington State Electrical Safety Code has certain requirements for such services, making this a specialized business. On call for the question, the motion carried unanimously. -5- 2213 CITY COUNCIL MEETING March 3, 1992 LEGISLATION: 5. Clearing, grading, filling, and drainage ordinance (Cont'd) Mayor Hallett reviewed the information provided on the proposed clearing, grading, Clearing, Grading, filling, and drainage ordinance, and suggested the various options available to the Filling, and Drainage Council at this time. Ordinance Councilman Wight moved to set a public hearing on this matter for the March 17, 1992, meeting of the City Council. Councilman Nicholson seconded the motion, and offered an addition to the motion wherein the language discrepancy in the ordinance recommended by the Planning Commission be resolved so the City Council can be assured it is considering the ordinance recommended by the Planning Commission. Councilman Wight agreed. Mayor Hallett asked the City Attorney about the requirement of the City being named as an insured on any clearing, grading, filling, and/or drainage project. Attorney Knutson indicated the City has a policy of requiring contractors who do public works or other services for the City to provide insurance policies with the City named as an additional insured. This requirement has been instituted in regulations such as the proposed clearing and grading ordinance when there is a possibility, because of the City's permitting authority, that the City could incur additional liability due to the permittee's activities. Following additional lengthy discussion, a vote was taken on the motion which carried unanimously. Paul Lamoureux, 122 West Boulevard, suggested the Council advertise that copies of the draft ordinance to be approved by the Planning Commission at its next meeting will be available to the public prior to March 17th. Mayor Hallett indicated those copies would be made available. Recycling Ad Hoc 6. Recycling Ad Hoc Committee Report Committee Councilwoman Sargent reported on a meeting with the County on Monday regarding coordinated County-wide recycling. It was agreed that Steve Hauff of the County would be appointed to the City's Recycling Committee, and Jerry Cornell would be the City representative on the County Committee for the Solid Waste District. The County is anxious to cooperate and participate. She then distributed to Council a list of long- and short-term goals for the Recycling Committee. By consensus, the City Council agreed these goals should be distributed to the Recycling Committee members for consideration. Elwha Dam 7. Elwha Dam Restoration Act Restoration Act Mayor Hallett will be in Washington, D.C. this next week to participate in a FEMA institute on disaster preparedness. It was felt timely to schedule meetings with the Washington delegation to again make known the City's concerns if the Elwha Dams are removed. Mayor Hallett suggested City Manager Pomeranz and City Attorney Knutson accompany him to these meetings. Manager Pomeranz then advised Council of the specific meetings arranged for the City representatives. The final draft legislation is due within the week, after which comments will be solicited. He suggested he and the City Attorney could accompany the Mayor to the various meetings scheduled next week to apprise the legislators of the concerns of the Council and to encourage them to return to Port Angeles to finalize the document. Councilman Ostrowski moved to authorize the City Manager and City Attorney to attend the meetings in Washington, D.C. Councilman Wight seconded the motion. Councilwoman Sargent stressed that what is said in Washington, D.C., must reflect only what the Council has signed to in the most recent letter to Senators Bradley and Adams. The City's main concern is the water, and we are the only ones protecting that. Our position is to protect the City's taxpayers from financial impact and liability resulting from any legislation which affects the supply and quality of the water. She would not support any legislation that does not fully protect the City's position. Councilman Wight considers it important to be able to personally contact the various legislators. It is also important that the majority of the Council agrees with what the delegation is to say. -6- 2214 CITY COUNCIL MEETING March 3, 1992 LEGISLATION: Mayor Hallett indicated Daishowa is in support of the legislation, in its present form; (Cont'd) however, they share in the City's concern about water quality. Elwha Dam Councilman Ostrowski moved to extend the meeting beyond 10:00 p.m. Restoration Act Councilman Braun seconded the motion, which carried unanimously. (Cont'd) It was pointed out that Councilman Schueler will also be participating in the FEMA institute, and Councilman Ostrowski amended his previous motion to include Councilman Schueler and Mayor Hallett. Councilman Wight accepted the amendment to the motion. On call for the question, the amended motion carried unanimously. ITT Rayonier 8. ITT Rayonier Environmental Committee Environmental Committee ITT Rayonier has formed an environmental committee and has requested the assignment of a City Council representative to serve as a member of this committee. The first meeting is to be held Wednesday evening at 7 p.m. at Peninsula College. Councilman Braun volunteered to be the Council's representative. Mayor Hallett reported on an invitation to a breakfast sponsored by the Trans Mountain Pipeline. It was the opinion of the City Attorney that it would be inappropriate for any of the Councilmembers to attend. Manager Pomeranz indicated a member of the staff will attend the breakfast. Councilman Nicholson reported there will likely be a three-day convention in Veto Burton in October for about 300 people from Canada. He mentioned being contacted by some union people regarding how much effort the City makes to get local involvement both in Veto Burton and the Senior Center. There appears to be a question about bonding capacity. Councilman Nicholson inquired, if this is a valid problem, is there any type of resolution. Manager Pomeranz indicated the matter will be researched for the Council. Councilwoman Sargent commented on the most recent information from the Public Power Council concerning the Federal Government's effort to accelerate BPA payments to the Treasury. She felt it would be appropriate for another written response to the current recommendation. Accordingly, Councilwoman Sargent moved to request the Light Department or City Attorney to draft a letter responding to the present budget proposal, using the points suggested in the Public Power Council briefing. Councilman Braun seconded the motion which carried unanimously. ADJOURNMENT: The meeting adjourned at 10:20 p.m. -7-