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HomeMy WebLinkAboutMinutes 05/01/2001 4430 CITY COUNCIL MEETING Port Angeles, Washington May,~, 2001 CALL TO ORDER- Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Hulett, McKeown, Williams, and Wiggins. Members Absent: Councilmember Erickson. Staff Present: Manager Quinn, Attomey Knutson, clerk Upton, B. Collins, M. Connelly, G. Cutler, T. Riepe, Y. Ziomkowski, A. Broussard, P. Burrett, T. Smith, K. Ridout, G. Kenworthy, L. Dunbar, S. McLain and B. RaemersO~ Public Present: H. Schmidt, L. Brach, L. Szczepczynski, A. Holzschuh, and L. Lee. PLEDGE OF The Pledge of Allegiance to the Flag was led'by Councilman Campbell. ALLEGIANCE: CEREMONIAL 1. Day of Prayer, May 3, 2001. MATTERS & PROCLAMATIONS: Mayor Doyle read the proclamation declaring May 3, 2001, as Day of Prayer. Day of Prayer Proclamation National Maritime Day 2. National Maritime Day, May 22, 2001. Proclamation Mayor Doyle read the proclamation declaring May 22, 2001, as National Maritime Day. The proclamation was accepted by Mr. Harold Schmidt, organizer for the Merchant Marine Veterans. Mr. Schmidt had distributed an information sheet to the Council earlier. Peace Officers Memorial 3. Police Officers Week, May 13-19, 2001. Peace Officers Memorial Day, May Day & Police Officers 15, 2001. Week Proclamation Mayor Doyle read the proclamation declaring May 13-19, 2001, as Police Officers Week, and declaring May 15, 2001, as Peace Officers Memorial Day. The proclamation was accepted by Police ChiefRiepe. ChiefRiepe informed the Council of a Police Department open house this coming August or September. National Public Works 4. National Public Works Week, May 20-26, 2001. Week Proclamation Mayor Doyle read the proclamation declaring May 20-26, 2001, as National Public Works Week. Public Works & Utilites Director Cutler thanked Mayor Doyle for the proclamation and commended the hard working individuals in Public Works. -1- CITY COUNCIL MEETING 4431 May~, 2001 CEREMONIAL 5. Partner ,4ward Presented to Light Operations. MATTERS & PROCLAMATIONS: Aria Holzschuh, Executive Director of the Port Angeles Downtown Association, (Cont'd) introduced PADA Board member Laurie Szczepczynski. She noted that Port Angeles is one of 345 cities recently designated as a Main Street City. On behalf of the PADA, Partner Award Presentation she expressed appreciation to the Light Operations staff for their help with the many by PortAngeles Downtown downtown projects that have been undertaken. The Port Angeles Downtown Association to Light Association previously presented the Partner Award to Tim Smith and Dave Sawyer. Operations The 2001 Partner Award, was presented to the Light Operations crew and was accepted by Burt Raemer on their behalf. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 6:20 p.m. to discuss real estate and potential litigation for approximately 25 minutes. RETURN TO OPEN The meeting returned to Open Session at 6:50 p.m. SESSION: LATE ITEMS TO BE Lynn Bruch, 2446 E. Hidden Way, asked to address the Council on Agenda Item D.3. PLACED ON THIS OR regarding the Airport Road Realignment Contract Award. FUTURE AGENDA: FINANCE: 1. Bid ,4ward for Refuse Collection Truck. Bid Award for Refuse Mayor Doyle summarized the memorandum from Public Works & Utilites Director Collection Truck Cutler with regard to the proposed contract with Western Peterbilt, Inc. Equipment Superintendent Burrett answered questions and described the type of brakes used in the truck, as well as the cost effectiveness of the purchase. Councilman Wiggins moved to authorize the Mayor to sign a contract with Western Peterbilt, Inc., of Seattle, Washington, in the sum of $182,153.60 to purchase a Peterbilt Truck Model #320 with a Heil Rapid Body and additional options. The motion was seconded by Councilman Williams and carried unanimously. Contribution to Economic 2. Transfer of Funds to the Electric Utility Rural Economic Development Development Funds Revolving Fund for 2001 Mayor Doyle reviewed the memorandum from Public Works & Utilites Director Cutler on the matter of authorizing the transfer of $75,000 from the Light Fund to the Electric Utility Rural Economic Development Revolving Fund. After brief discussion, Councilman Campbell moved to authorize the transfer of $75,000 from the Light Fund to the Electric Utility Rural Economic Development Revolving Fund. The motion was seconded by Councilman Williams and carried unanimously. Airport Road Realignment 3. Award of Contract for Lauridsen Boulevard/Edgewood Drive Realignment Contract Award Project to Primo Construction. Mayor Doyle summarized the memorandum from Public Works & Utilites Director Cutler concerning an award of the Lauridsen Boulevard/Edgewood Drive Realignment Project to Primo Construction. Director Cutler explained that one o£ the bid requirements was that 5% of the contracted work was to be allocated to Disadvantaged Business Enterprises (DBE). The bid requested the name, address, and amount of work each business would perform. Staff had inadvertently failed to include the appropriate form regarding the DBEs, yet the necessary information was made a part of the Primo bid which was the lowest responsible bidder. Another bidder, Bruch & Bruch, did include the proper certification form relative to the DBEs. After reviewing Primo -2- CITY COUNCIL MEETING 4432 May~, 2001 FINANCE: Constmction's bid, it was determined that all the vital information was present and was (Cont'd) only lacking the DBE form. Director Cutler recommended that Primo be awarded the bid. Airport Road Realignment Contract Award (Cont'd) Lynn Brach, 2466 East Hidden Way, distributed a letter to Councilmembers from his legal counsel, Oles Morrison Rinker & Baker. Mr. Brach was informed that the City had reconsidered the non-responsive status of the Primo Construction bid, and his attendance this evening was in protest of that consideration. Mr. Brach referred to the DBE Utilization Certification he had included in his bid document, and he read from his attorney's letter certain citations of 49 Code of Federal Regulations and WASDOT, defining the needed material for a DBE contract goal to be established. The DBE utilization form would be necessary to fulfill the required information. In addition, Mr. Bruch indicated WASDOT regulations specify a bidder shall submit a complete disadvantaged, minority or women business enterprise certification. Lacking this certification, a proposal is considered irregular. Mr. Brach felt it to be illegal for the City to accept Primo Constmction's bid, as it did not use the correct form required by law. Attorney Knutson informed the Council that he had been advising Director Cutler on this issue when it was apparent there would be a conflict. When the documents were sent out to bidders, the form that was supposed to be included in the packet was unknowingly left out. Brach and Brach and Primo Construction both had irregularities in their bids, which the opposing sides have pointed out. The key factor is if the 5% DBE requirement was met in both bids, which it was. One item not mentioned in the letter from the Brach and Bruch attorney was that the list of subcontractors Primo submitted is considered legally binding. The City was not initially aware that two of the subcontractors listed in Primo's bid were DBE subcontractors, as the listing provided on the Department of Transportation web site was outdated. Attorney Knutson indicated this is a situation of form over substance, and he felt the issue is whether the goal regarding DBEs is being met. It was his opinion that the goal was, in fact, being met. Staff has consulted .with the Department of Transportation and its Office of Equal Opportunity, and both are supportive of staff's decision on this issue. Mayor Doyle summarized the amounts bid on the project and the staff's recommendation to award the bid to Primo Construction. Councilmember McKeown asked for clarification from Attorney Knutson as to whether Primo Construction was obligated to follow DBE restrictions. Attorney Knutson confirmed that Primo does have to follow the DBE guidelines. After further discussion, Councilman Campbell moved to award and authorize the Mayor to sign the contract for the Lauridsen Boulevard/Edgewood Drive Realignment Project to Primo Construction, Inc., of Sequim in the amount of $956,443.06. The motion was seconded by Councilmember McKeown and carried unanimously. Industrial Water Line 4. Industrial Water Line Repairs Contract with Western Waterproofing Repairs Contract Mayor Doyle summarized the information submitted by Public Works & Utilities on the proposed Industrial Water Line Repairs. Director Cutler noted that the only oppormmty to repair leaks is when Daishowa is shut down for at least 72 consecutive hours. When the bid was advertised for the repairs, there were no responses. A current negotiation is in place with Western Waterproofing for the project. There are at least three visible leaks that are seen while walking the line. Discussion followed, after which Councilmember McKeown moved to authorize the City Manager and in his absence the Acting Manager to enter into a "time and materials" contract with Western Waterproofing, not to exceed $100,000. The motion was seconded by Councilman Wiggins and carried unanimously. -3- CITY COUNCIL MEETING' May ],~, 2001..~ PUBLIC ttEARINGS - 1. Declare Equipment and Materials as Surplus OTHER: Mayor Doyle summarized the memorandum from Public Works & Utilites Director Declare Equipment and Cutler regarding the surplus equipment and materials. Mayor Doyle opened the public Materials as Surplus hearing at 7:40 p.m. There being no public testimony, the hearing was closed at 7:40 p.m. Director Cutler asked that a substation control center be added to the list of items for surplus. Councilman Wiggins moved to declare the transformers, substation control center, bentonite, and silica sand as surplus and authorize the Director of Public Works & Utilities to advertise and sell the items. The motion was seconded by Councilman Campbell and carried unanimously. Telecommunications 2. Telecommunications Mayor Doyle reviewed the information submitted by Directors Cutler and Collins with regard to the public hearing and the-proposed Telecommunications ordinances. He then reopened the public hearing at 7:44 p.m. There being no public testimony, the public hearing was closed at 7:44 p.m. Power Resource Manager Dunbar advised the Council of a recent decision from the 9th Circuit Court of Appeals which addresses the relocation of telecommunication facilities and identifies who pays for relocation. The decision also addresses wireless ordinances and recognizes that state law controls the regulations and placement of towers, as well as new rules on franchising wireless facilities. Because of this decision, Mr. Dunbar indicated there would be some required changes to the ordinances being considered by the City. Attorney Knutson added that part of the decision by the 9th Circuit was favorable to the City as it specifies that utilities located within the City's right-of-way are to be moved at the expense of the utility company. Councilman Campbell commended the staff for the wonderful job done in preparing the ordinance package. The companies that will be affected by this ordinance have had ample time to respond to the proposed ordinances. Councilman Campbell moved to direct staff to finalize the ordinances and return them to the City Council for action at the earliest convenience, possibly by the May 22, 2001, Council meeting. Councilman Williams seconded the motion which carried unanimously. CONSENT AGENDA: Councilman Williams moved to accept the Consent Agenda, to include the City Council Minutes of the April 17, 2001, regular meeting. The motion was seconded by Councilman Williams and carried 5 - 1, with Councilman I-Iulett abstaining due to his absence from the meeting. CITY COUNCIL Councilman Campbell had no report. COMMITTEE REPORTS: Councilman Hulett reported that the Chamber of Commerce was closer to making the City's representative on the Chamber Board a voting member. The Chamber also plans to add a County Commissioner to the Board. Councilmember McKeown attended a Capital Facilities meeting. Councilman Wiggins attended a Forestry & Fish hearing with Tim Smith, who gave an excellent presentation. Councilman Williams took a walking tour of the Morse Creek pipeline. He clarified that the date of the Downtown Clean-up is May 5, 2001, 9:00 a.m.- 1:00 p.m. Mayor Doyle attended the Chamber mixer, as well as the Jazz in the Olympics Festival, which he was certain generated a substantial amount of revenue for the City. Mayor Doyle also attended the National Day of Prayer. On April 30, 2001, the Utility -4- CITY COUNCIL Advisory Committee and PA Works! conducted a joint meeting with MCC for an COMMITTEE update on fiber optics. REPORTS: (Cont'd) Break Mayor Doyle recessed the meeting for a break at 7:58 p.m. The meeting reconvened at 8:10 p.m. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Sole Source for Patch Truck: Mayor Doyle reviewed the information submitted by Public Works & Utilites Director Cutler on the matter of designating Valley Sole Source for Patch Freightliner, Inc./Northwest Manufacturing & Distribution, Inc., as the sole source for Truck acquiring the replacement asphalt patch track. Director Cutler stated that, on April 23, Resolution 8-01 2001, the two bids received where determined to be non- responsive. Freightliner was then approached, and a quality patch truck that meets all specifications was located. Mayor Doyle read the Resolution by title, entitled: RESOLUTION NO. 8-01 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating Valley Freightliner Inc./ Northwest Manufacturing & Distribution Inc. as the sole source for acquisition of an asphalt patch truck and declaring an exception to normal bidding requirements. Attorney Knutson asked that the Council add the following language after the second "Whereas" clause, "After a formal bidding process resulted in no responsive bids...". Councilmember McKeown moved to pass the Resolution as read by title. Councilman Hulett seconded the motion, which carried unanimously. OTHER 1. Appointment to Parks, Recreation and Beautification Commission CONSIDERATIONS: Mayor Doyle summarized the memorandum from the Parks, Recreation & Park Board Appointment Beautification Commission with regard to filling one vacancy. The Commission interviewed Mr. Larry Little and recommended his appointment by the City Council. Therefore, Councilmember McKeown moved to appoint Larry Little to the Parks, Recreation & Beautification Commission for the unexpired term ending February 28, 2002. The motion was seconded by Councilman Williams and carried unanimously. PUD Utility Relocation 2. Contract with PUD to relocate poles for the Airport Realignment Project Agreement Mayor Doyle reviewed the information provided by Public Works & Utilites Director Cutler on the matter of relocating electrical facilities during the alignment of Lauridsen Boulevard, Edgewood Drive, and Ak*port Road. City Engineer Kenworthy stated that some roadway projects require that utilities be relocated, as they are in the City's right- of-way. This is a unique situation where the electrical easements were granted in 1914 as blanket easements, but they were not in the City'.s right-of-way at that time. The City cannot, therefore, require that the utilities be moved at PUD's expense. Brief discussion ensued on how this portion of the project will be funded, and Engineer Kenworthy explained how the City, County, and Port have jointly worked on funding this project. Councilman Campbell moved to authorize the Mayor to sign the Utility -5- OTHER Construction Agreement with the Clallam County PUD, in the estimated amount CONSIDERATIONS: of $193,442.82, to relocate electrical facilities to accommodate the realignment of (Cont'd) Lauridsen Boulevard, Edgewood Drive, and Airport Road. Councilman Wiggins seconded the motion. Clarification was sought and given on the completion date of PUD Utility Relocation the project, which should be done by early fall. A vote was taken on the mo.tion and Agreement (Cont'd) carried unanimously. Equipment Purchases for 3. Equipment Purchases for 200! Utilizing State Bid Contracts 2001 under State Bid Contracts Mayor Doyle summarized the memorandum from Public Works & Utilities concerning the purchase of equipment for 2001 utilizing State bid contracts. Director Cutler felt this was the most economical way to purchase quality equipment. There were clarifications made on the specifications of the dump truck being proposed for purchase. Councilman Wiggins moved to authorize the City Manager and in his absence the Acting City Manager to proceed with the ordering, purchase and/or rental of equipment from the State Bid and King County cooperative agreement, not to exceed the budgeted amounts, for purchasing one 5-yard dump truck with plow, 2 one-ton trucks with utility bodies, and rent an asphalt, grinder. The motion was seconded by Councilmember McKeown and carried unanimously. Olympic National Park 3. Approved Olympic National Park Franchise Agreement Franchise Permits Mayor Doyle summarized the information provided by Public Works & Utilites Director Cutler pertaining to two right-of-way permits from the National Park Service for electrical services in the Park Headquarters, Visitors Center area and for road appurtenances along Park Street. Scott McLain explained to the Council that these are agreements that were previously in place, and very few changes have been made. Councilmember McKeown moved to authorize the City Manager to sign the right- of-way permits with the National Park Service to allow City facilities along Park Street and within Park Headquarters and the Visitor Center area. Councilman Campbell seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. Olympic Ambulance 5. Agreement with Olympic Ambulance Agreement Mayor Doyle summarized the memorandum from Fire Chief McKeen in regard to modifying the City's existing agreement with Olympic Ambulance. Fire ChiefMcKeen stated that this agreement was for Olympic Ambulance's use of City paramedics for out-of-town patient transport. The agreement successfully bypassed any possible conflicts of interest that might arise, and addressed the issue of benefits so the City will be reimbursed on any occasion when the paramedics are used. Brief discussion ensued in regard to overtime, the regulation of hours worked, and how retirement benefits will be addressed. Mayor Doyle suggested that the amount paid into retirement should be closely monitored. Councilman Williams moved to authorize the Mayor to sign the agreement with Olympic Ambulance. The motion was seconded by Councilman Hulett and carried unanimously. Conditional Park Use 6. Conditional Park Use Permit Permit for City Pier/Hollywood Beach Mayor Doyle summarized the information provided by the Parks, Recreation & Beautification Commission in recommending the granting of Conditional Park Use Permit at the City Pier and Hollywood Beach. Parks Director Connelly pointed out that the listed events have been held in the past. Councilman Wiggins emphasized the importance of the area staying clean and free from litter, as this location receives substantial exposure to the public. Mayor Doyle referenced the recommendation -6- CITY COUNCIL MEETING 4~36 May ~, 2001 ~L' OTHER forwarded to the Council and suggested that "Port Angeles" be added to the language CONSIDERATIONS: preceding the Chamber of Commerce. (Cont'd) Councilmember McKeown moved to approve the recommendation of the Parks, Conditional Park Use Recreation & Beautification Commission to grant a Conditional Park Use Permit Permit for City allowing local food vending at the Concerts at the Pier program, 4th Of July event Pier/Hollywood Beach and Jettin' the Straight special events at the City Pier and Hollywood Beach and (Cont'd) further, as a condition for granting the permit, the Port Angeles Chamber of Commerce be responsible for the clean-up of the litter and trash generated by these events. The motion was seconded by Councilman Wiggins and carried unanimously. INFORMATION: City Manager's Report: Manager Quinn reminded Council of the downtown clean-up event on Saturday, May 5, 2001. Downtown Forward will not be meeting on Memorial Day as stated in the calendar. The Gateway meeting was moved to May 11, 2001. Mayor Doyle stated he received a phone call concerning the free dump day, and he asked Director Cutler to contact the individual. Director Cutler stated that there will be a report on the free dump day at a later meeting; there were approximately 1200 participants in this year's event. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 9:00 p.m. to discuss potential litigation for approximately ten minutes. RETURN TO OPEN The meeting returned to Open Session at 9:20 p.m. SESSION: ADJOURNMENT The meeting adjourned at 9:20 p.m. t-'Larr~ Doyle, Mayo/ Becky J. Upton, City Clerk -7- 4437 THIS PAGE INTENTIONALLY LEFT BLANK