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HomeMy WebLinkAboutMinutes 05/03/1988I CALL TO ORDER Mayor McPhee called the regular meeting of the City Council to order at 7:02 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Cub Scout Pack #461, leader Fran Scott, members, Travis Scott, Tyson Dougherty, Brian Jackson, and Sean Cleveland. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, Sargent, Stamon. Members Absent: Staff Present: IV MINUTES V FINANCE None. CITY COUNCIL MEETING Port Angeles, Washington May 3, 1988 Manager Flodstrom, Attorney Knutson, Clerk Maike, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, H. Hutchison, J. Merriwether, S. Kenyon, T. Smith, D. Barnes, M. Horton, D. Warner, D. Miller, J. Hordyk, J. Hicks, D. McKeen, K. Lindley, W. Beverford, N. Wells. Public Present: L. T. Beil, J. Hordyk, L. Briggs, H. Berglund, K. D. McInerney, M. M. C. Alexander, L. Lee, C. Whidden. Councilman Sargent moved to accept and place on file the minutes of the April 19, 1988, City Council meeting. Councilman Gabriel seconded. Councilman Stamon offered a correction to Register page 999, second paragraph, last line should be "Post Office not "Port office On call for the question, the motion carried. 1. Consideration of Bid Award for Front End Loader Councilman Lemon moved, for discussion, to award the bid to the local bidder, NC Machinery, in the bid amount of $59,397.80. Councilman Sargent seconded. Councilman Lemon, in speaking to his motion, stated that the laws, in consideration of bids, indicate not only the lowest bidder, but also the most responsible bidder. He felt since NC Machinery was a local entity, their capability of completing the contract, as .far as maintenance and up -keep were concerned, would be most satisfactory and the least costly to the municipality. Therefore, the City wouldn't have to incur the cost of shipping the yarder to Tacoma or bringing in mechanics, which has happened in the past. He stated secondly, that the City must consider the taxes it will receive from suppliers locally within the sales tax revenue. Also concerning the five year guaranteed repurchase price, he felt it had very little bearing on the item. He cited that the equipment mechanics' expertise has brought out an average of 365 hours if usage on the equipment per year. The guarantee being for 5 years or 6,000 hours in the breakdown, which would take approximately 20 to 30 years. He felt the repurchase price should be taken into consideration. Councilman Stamon spoke in support of the motion, noting one major exception listed on the bid was with the transmission and power train on the unit. She stated the bid specs specifically requested a certain power train, because of the City's past experience with the type of unit. She stated further it was one of the major exceptions noted in the low bid. She then offered a friendly amendment: Council reject the bid of Smith Tractor of Tacoma based on the fact there was a major exception to the bid. She stated it was important to make the legal distinction. Both Councilmen -1- 1005 1006 CITY COUNCIL MEETING May 3, 1988 Lemon and Sargent accepted the friendly amendment. Councilman Stamon asked that Equipment Rental Superintendent Hutchison address the Council on the issue at hand, requesting any information that he may have in support of the motion. Equipment Rental Superintendent Hutchison spoke to the Council and stated he was in favor of awarding the bid to NC Machinery as he felt it was a much more reliable piece of equipment and stated that in his past experience, he has found it to be uncomparable to any other machinery. He also stated the Smith Tractor power train was a new prototype which had no past history on which to base its performance. He highly recommended NC Machinery. Councilman Stamon stated that she was in support of the motion, based on the experience the City has had with this type of machinery in the past, as well as the points Councilman Lemon had brought out earlier. Mayor McPhee stated, in addition, since the City would have to transport the equipment to Tacoma an unknown number of times, the $6,000 difference in bid price would be used up fairly quickly. Attorney Knutson stated that he believed there are legal reasons for rejecting the lower bid on the basis of non conformity with the bid specifications. On call for the question, the amended motion carried unanimously. VI CONSENT AGENDA ouncilman Stamon moved Council adopt the Consent Agenda as presented, including (1) Request permission to call for bids for pool roof repair or replacement; (2) Final payment request for Neudorfer Engineers to balance HVAC in City Hall, $1,071.53; (3) Request for final payment and acceptance of Asplundh Tree Trimming Contract; and (4) Vouchers of $1,564,740.21 and payroll of 4 -17 -88 of $228,149.63. Councilman Hallett seconded. Councilman Stamon commended Asplundh Tree Experts on a job well done, both in speed as well as professionalism. On call for the question, the motion carried. VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Martha Bishop, Terrace Apartments, representing the Guiding Committee of the Senior Center, presented the Council with T- shirts and balloons, in appreciation for their support of the Senior Center and senior citizens. Richard Ruud, 405 Laird Road, on address the Council on the of the Agenda. VIII LEGISLATION Neighborhood of the Month: Kuebel, Cyril and Virginia Kay Allen, Ken and Daisey Louise Chittum, all of the issue behalf of the of Item No. 8 1. Presentation of Yard of the Month Awards for May Mayor McPhee presented awards to the following citizens for Yard of the Month and Neighborhood of the Month: Yard of the Month: Scott Teri Hesselman, Dorothy Adamich, Fay Alger, Andy and Maryann Olson, Clallam County Courthouse, Kathern Burgess. Kathleen and Marvin Dailey, Russell and Ellen McFrederick, Gerald and Irene Powell, Robert and McInerney, Norman and Olive Brooke, Harold and 700 block of Elizabeth Place. Councilman Stamon offered her appreciation and congratulations to all the citizens who are making an individual effort to help beautify the City of Port Angeles. 2. Presentation by Rotary Club (Gene Councilmembers Gene Lykken addressed the Council and audience on behalf of the Port Angeles Rotary Club. He stated that the Club had established a program to -2- ambulance system, asked to on the Legislation portion Lykken) to Former City ADVERTISEMENT FOR BIDS City of Port Angeles Swimming Pool Reroof DATE OF BID OPENING -May �31, 1988 Sealed bids will be received by the office of the City Manager, 321 East Fifth Street, P.O. Box 1150, Port Angeles, WA 98362, until 2:30 P.M., May 31, 1988, and not later, and will be open- ed publicly at that time in the City Council Chambers. The contemplated work to be performed under this Contract consists of reroof- ing of the Swimming Pool and associated work. Detailed plans and spec- ifications may be obtained from the office of the City Engineer, City of Port Angeles. Bidders plans and spec- ifications may be obtained from the office of the City Engineer, City -of Port Angeles. shall be qualified for the type of work proposed- A Bidder's Construction Ex- perience, Form is included in the Contract Documents. All proposals or Bids shall be submitted on the profs- crrbed. temp and s+ the man- ner a'& or sa Wa The Port Angeles re- serves the right- to accept the Proposals or Bids and award contracts to responsi- ble bidders which are in the best interest of the City; to. postpone the acceptance of Proposals or Bids and the award of the contracts for a period not to exceed thirty (30) days: or to :reject any and all proposals. or Bids received further and adver- tise the project for =bids. When awarded contracts, the successful bidder shall promptly execute contracts and shall furnish toads of faithful performance of the contracts in the full amount of the contract prices. Bids must be sealed with,the out- side of the envelope marked BID OPENING DATE (May 31, 1988) PROJECT (Swimming Pool Reroof). Name and ad- dress of the bidder should also appear on the outside of the envelope. Bids should be addressed to the City Clerk, 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington 983622. Jack N. Pittis, P.E. Director of Public Works Pub.: Mav 10. 15, 1988. CITY COUNCIL MEETING May 3, 1988 recognize those individuals who have provided special community services through their membership on public and service agencies and councils. Seven former Mayors were recognized at the Rotary Club on March 2, 1988. They were Ivor Smith, Vern Basom, Joe Wolfe, Carl Olson, Sam Haguewood, Dorothy Duncan, and Charles Whidden. He then presented community service recognition certificates to other former members of the Port Angeles City Council since 1957: Rex Gerberding, 1982 1985; Ken Schermer, 1984 1987; Bob Polhamus, 1979 1983; Harold S. Buck, 1976 1981; Charles Lukey, 1972 1976; John Hordyk (present) 1969 1985; Richard Wray (present) 1971 1979; Lorraine Ross, 1969 1978; Milton Ranta, 1962 1968; Don Bettger (present) 1964 1969; James Caldwell, 1958 1960; Dalton Thorne (present) 1958 1969; Carole Boardman, 1978 1981; Werner Quast, 1980 1987; Leonard Schroeder, 1964 1969; and Don Cornell (present), 1962 1969. Mr. Lykken said it was a real privilege to present the certificates to people who do so much for the community and expressed his appreciation. 3. Presentation of Clallam County Fair Activities Leonard Beil Mr. Beil, representative of the City with the Clallam County Fair Association, presented Council with a packet of information containing the accomplishments of the Association during the past three years. Included in the packet was the long -range plans for the next 5 10 years' future development. He indicated the Association's goal for utilizing the Fair- grounds 365 days a year has been somewhat accomplished by the agreement with the Little League Association, and felt this helped them move toward that goal. Mr. Beil informed the public that the Fair Board meets the first Wednesday of each month and is an open meeting. He stated that the Fair's operation is run basically by volunteers. He expressed his sincere thanks to the Departments of Parks and Recreation, Fire, and the Street Division staff. 4. Presentation on Human Services Programs Cindy Souder and Tom Lockhart Ms. Souder gave Council an overview of the types of activities that have taken place in Human Services during the past few months, informing Council about some of the programs that are funded: (1) Client advocate finding services for the developmentally disabled persons; (2) Crisis Bed Second Street house; (3) Mission statements a one sentence goal, such as "To promote the quality of life." She gave examples of the types of situations which have been helped through these programs. She stated that they would like to meet with the City Council and County Commissioners a few times a year; also, that they are working on a newsletter and a resource guide. She stated that the steps they were taking are very positive ones toward the mission statement. She thanked Council on behalf of Human Services for its support. 5. Public Hearing A. Street Vacation Request James SV- 88(4)1 Jones Street (Continued from April 19, 1988) Mayor McPhee opened the public hearing. There were no comments from the public, he closed the public hearing and read the Ordinance by title, entitled ORDINANCE NO. 2485 AN ORDINANCE of the City of Port Angeles vacating a portion of Jones Street abutting Lot 18, Block 210, and Lot 10, Block 211, TPA. Councilman Hesla moved to adopt the Ordinance as read by title. Councilman Stamon seconded. Councilman Sargent pointed out that the Real Estate Committee had discussed the issue and they were satisfied with the compensation amount, as was Mr. James. On call for the question, the motion carried unanimously. 1007 1008 CITY COUNCIL MEETING May 3, 1988 6. Planning Commission Minutes of April 27, 1988 Councilman Sargent moved to accept and place on file the Planning Commission minutes of the April 27, 1988, meeting. Councilman Stamon seconded and the motion carried. 7. Report to City Council on Pearl Nikodym's Concerns About Westside Annexation (Information from Planning Director Carr) Planner Carr explained the information given to Council on the annexation and annexation boundary procedures. Annexation boundaries can be drawn any way the petitioner desires, so long as the property is contiguous to the City, and for the petition to be valid, 75% of the property value signs. He stated 76% of the property value signatures had been obtained in the questioned annexation. Councilman Gabriel asked when the annexation was done. Planner Carr stated he believed it to be 1986; however, the process was started in 1984. Council and staff discussed the matter further, and accepted the issue as informational only. BREAK Mayor McPhee recessed the meeting at 8:00 P.M. for a 15- minute break. 8. Consideration of Letter from Olympic Ambulance Councilman Sargent moved that Council hold a public hearing on the Medic I/ Private Ambulance issue at a later meeting. Councilman Stamon said she would second if an amendment was made stating: to remand the issue to the Medic I Advisory Board for recommendation to the Council, and to hold a public hearing on those recommendations. Councilman Sargent concurred and Councilman Stamon seconded. Councilman Sargent commented that she felt this to be very important and she wanted to hear all sides of the issue before making a decision. Councilman Lemon, in speaking to the motion, preferred to listen to all comments from the public, private ambulances and Medic I, stating he was opposed to the issue being referred to the Advisory Board. Councilman Stamon stated her point in making the referral was to have the Board make an effort to resolve the issue, or make recommendations for resolution of the situation. She further said it would not lessen the chance for public comment, but would give Council the opportunity to have an option for discussion, as well as clarification of the issue at hand. Councilman Hesla spoke in favor of the motion. Councilman Hallett was in agreement with the motion, stating the referral to the Board would enable the issue to be brought back to the Council in a clearer format. Councilman Gabriel stated the main issue was there being a private ambulance service operating within the City without proper licensing. He stated he felt there was a lack of cooperation between the private ambulance and Medic I. The issue needed to be resolved by the private ambulance and Medic I, not to be referred back to the Advisory Board. Councilman Stamon stated the appropriate resolution should be by the City Attorney and the ambulance service. Councilman Gabriel asked Chief Glenn if he had spoken to Mr. Littlejohn, owner of Olympic Ambulance, about the issue. Chief Glenn replied the issue was still in the hands of the City Clerk. Mayor McPhee asked Council to listen to comments from the public, as at least one request had been made to address Council on the issue, and he felt it would be inappropriate to just send them away. Councilman Sargent had no objections, but wanted to assure other concerned citizens that there would be a chance for public comment at the hearing. -4- The Council discussed the Mayor's suggestion. Councilman Stamon suggested Council adopt a listening role and not have exchange between Council and members of the public who would choose to comment, but rather simply allow the comment, accept it, place it in the record, and use it as a basis for further consideration. Councilman Lemon requested that all points of the issue be brought forward to the Council, regardless of their impact; that it not just be consensus issues, but minor points also. Mayor McPhee offered a friendly amendment that Council would listen to comments but would not respond, and then have a public hearing at a subsequent meeting. Councilmen Sargent and Stamon concurred. On call for the question, the amended motion carried. CITY COUNCIL MEETING May 3, 1988 Councilman Stamon pointed out that Councilman Gabriel had brought out an important issue, there being an unlicensed ambulance service operating within the City. She moved that Council refer the issue to the City Attorney for resolution prior to the next Council meeting. Craig Miller, 403 South Peabody, attorney representing Fire District #2, commented briefly that the private ambulance service presently provides the only ambulance service in Fire District #2 and any action or effects that occur on the private ambulance as a result of actions by the City has a very distinct and direct impact on the 8,000 or so people who live in Fire District #2. He asked the City to be aware that any action taken may have possible impacts on the citizens of Fire District #2 and the ambulance service which provides services. He stated they would reserve all other comments for the public hearing. Councilman Stamon restated her motion and moved Council direct the City Attorney to contact Mr. Littlejohn and resolve or provide resolution to the problem of an unlicensed operation within the Port Angeles City limits prior to the next Council meeting; or at least, direction toward resolution. Councilman Gabriel seconded. Mayor McPhee asked Chief Glenn if there had been a signed agreement with the owner of Port Angeles Ambulance, Tim Farnam. Chief Glenn responded there had not been. Mayor McPhee stated Port Angeles Ambulance had been in operation for some time, so the fact that Mr. Littlejohn has been operating for a month is not critical. Councilman Stamon responded, stating it was not a defense and had she been aware that Port Angeles Ambulance had not signed the agreement, she would have raised the issue at a Council meeting and asked Council to instruct the City Attorney to provide resolution to the issue, as she felt it was important, as the City is allowing an operator of an ambulance service that is regulated by the City to operate within the City limits without a license; therefore it is no different than allowing any other business to operate without such licensing. She stated it was .important to resolve the issue. a /rte' Mayor McPhee commented the operation is by the State, but he was in favor of the motion. On call for the question, the motion carried. 9. Consideration of Changes to Police Department Lobby Hours and Access to Lobby Council reviewed the issue of the Police Department adjusting their current operating hours. Present hours for non emergency business are the same as City Hall 8:00 A.M. to 5:00 P.M., Monday through Friday. After hours, a phone located at three entrances which are monitored by closed- circuit TV is provided which rings automatically into the Dispatch Center. The doors at these entrances have electric strikers that will, when the installation is complete, allow one door to be unlocked from the Dispatch Center console. If an emergency existed, the citizen could pick up the phone, talk directly to the Dispatch Center, and be buzzed into the mall area, -5- 1009 1010 CITY COUNCIL MEETING May 3, 1988 into relative safety. Council discussed this matter, as well as the problem of signage of the station. Mayor McPhee was concerned the entrances were not clearly marked. Chief Cleland stated the new signs will be installed in the not too distant future. Manager Flodstrom stated that the signs are currently being made by a local sign maker and that two of the signs marking the entrance are to be installed by the crews shortly. He could not give a definite date as to the installation of the rest of the signs. Planner Carr said the Planning Commission is holding a public hearing on May 11, 1988, for a Code amendment regarding the signing. Mayor McPhee asked Council to encourage staff to work on the problem with all possible speed. Councilman Lemon commented that he had heard from citizens who felt lighting around the Police Department was insufficient. He suggested staff incorporate brighter lights so that it may be viewed as a deterrent, instead of a nicely lit sign. Chief Cleland agreed. The issue of secure parking was brought up and discussed also. Council chose to stay with the current lobby hours and access policy. 10. Discussion of Letter from State Department of Community Development Regarding Grant Funding of Landing Project Administrative Services Director Wolfe explained the reasoning for paying back monies received to date from The Landing. Essentially, he stated, what it amounts to is out of $400,000 we have loaned, we will be generating over $700,000 back that the City can use in a tailor -made revolving loan fund program that suits the City. Further, he stated there are two major requirements that we can eliminate by returning the program income at closeout. First is a gap funding requirement. This means that the revolving loan fund can be used only for projects which cannot qualify for private financing or Federal or State funding programs, such as S.B.A. This provision limits our use of the money to only the most marginal projects which have the greatest possibility of failure and resulting in the loss of City money. The second requirement is compliance with low and moderate income targets. The money will have to be used to assist low and moderate income regardless of the program established. Under current provisions, 75% of the people directly benefitted by the loan must be low or moderate income. In addition, any business receiving the funds would have to follow current procedures, including using Employment Security for job referrals and interviewing at least two LMI candidates. He further stated by eliminating these provisions, we can target our revolving fund loans to projects which have a greater prospect of succeeding, and we will not be placing onerous provisions on the owners associated with their hiring practices. Also the City would need to set up a loan review committee. Mayor McPhee asked for clarification of low and moderate income persons. Planner Carr responded low and moderate income are based upon a percentage of median family income in Clallam County, 80% of median family income is considered moderate. The larger the family, the higher the figure. Director Wolfe replied in 1984, a median income for a family of 4 was $24,000 per year. 80% of that figure would be moderate. Mayor McPhee asked what the consequences would be if the 90 -day extension was not granted. Director Wolfe replied the 90 -day extension was not a problem; but that a formula needed to be made for the close -out to meet some requirements. Mayor McPhee expressed his concern about changing the restrictions on the money, as he felt the Federal government put the restrictions on the money to ensure that those people in most need of the money would be able to obtain it. Director Wolfe stated that once we remove the Federal restrictions, the City has the right to place any kind of guidelines on the money it feels necessary. However, if bound by Federal guidelines, we have no options. -6- Mayor McPhee asked if it was possible to agree with the extension but to deal with the issue of the restrictions at a later date. Director Wolfe replied that it is possible, because Council sets the guidelines. Councilman Hallett stated that Council, by taking this action, would have more control over the project. Councilman Hallett moved the Council concur with the recommendation of the Administrative Services Department that the City pay back moneys received to date from The Landing as part of the City's final close -out on the project. Councilman Stamon seconded, and offered a friendly amendment: That Council request staff to develop guidelines to be used in the use of the loan funds, develop suggestions as to what type of a Board would be set up to oversee the expenditures of the funds, and to develop those guidelines to address the concerns staff has heard expressed by members of the Council, to make sure those funds are controlled and used to the benefit of the people of Port Angeles. Councilman Hallett concurred. Attorney Knutson, addressing the Mayor's concerns, stated he shared his concerns, as he felt it was to the City's benefit largely that the funds continue to have Federal strings attached. That way, the City avoids challenges to the loans in the future, based on Article VIII, Section 7, the illegal loan section of the State Constitution. His advice would be the money continue to be loaned, based on low and moderate income guidelines, but that the owners' percentages be released. Councilman Stamon replied that was the intent of her amendment. CITY COUNCIL MEETING May 3, 1988 Councilman Stamon then restated her amendment: That Council direct staff to come back to Council with recommendations for criteria for making loans that would closely follow the Federal guidelines, with the exception of the percentage standard, and also that staff make recommendations as to member- ship or make -up of a Board which would oversee and make recommendations on the loans. Mayor McPhee suggested to Council that when the issue was addressed at a subsequent date, there would be a requirement of public advertisement that identifies those applicants and the individuals involved in the application of the loan. He felt this would control of the money. Councilman Stamon expressed her concern for the privacy of the parties involved, as well as a type of discouragement for people who may want to apply. On call for the question, the amended motion carried unanimously. 11. Request for UAC Meeting A Utility Advisory Committee meeting date was set for May 10, 1988, at 4:30 P.M. in the Public Works Conference Room, City Hall. 12. Request Meeting of Memorial Committee A meeting date for the Memorial Committee was set for May 19, 1988, at 12:00 noon at Councilman Sargent's home. 13. Proclamation Public Works Week May 15 -21, 1988 Mayor McPhee proclaimed the week of May 15 -21, 1988, as Public Works Week, in conjunction with Clallam County. 14. Proclamation Older Americans Month May, 1988 Mayor McPhee proclaimed the month of May, 1988, as Older Americans Month. IX ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. 1011 1012 CITY COUNCIL MEETING May 3, 1988 X CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hallett advised Council of a meeting of the Pet Population Committee on May 4, 1988 at 7:30 P.M., as well as a Mental Health Board meeting May 4, 1988. Councilman Stamon reminded Council of the upcoming Association of Washington Cities meeting on May 6th, to wrap up the legislative year. She asked that members submit any suggestions to her about legislative considerations they wished to be considered by AWC next year. Councilman Stamon also mentioned the DWI Task Force's annual recognition luncheon on May 17, 1988, at noon at Haguewood's. She urged Councilmembers to attend. She also suggested Council consider inviting members of the Advisory Boards to the second Council meeting of the month so that they can be recognized by the Council for a job well done, and also the public can be made aware of the people who volunteer for these Boards. Councilman Sargent updated Council on the Recycling survey. Over 300 responses were returned. As a result of this, a town meeting will be held May 24, 1988, at 7 P.M. in the Council Chambers. She invited the public to attend. XI ADJOURN TO EXECUTIVE SESSION Mayor McPhee recessed the Council to executive session at 9:20 P.M. to discuss an item of negotiation and litigation. The length of the session was estimated to be approximately one and one -half hours. XII RETURN TO OPEN SESSION The meeting returned to open session at 11:30 P.M. XIII ADJOURNMENT The meeting was adjourned at 11:38 P.M. A z/tit& Clerk Mayor