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HomeMy WebLinkAboutMinutes 05/04/1999 3962 CITY COUNCIL MEETING Port Angeles, Washington May 4, 1999 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Interim Manager Piths, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, K. Godbey, S. Ilk, Y. Ziomkowski, P. Burrett, P. Rasler, D. Sawyer, K. Curtis, K. Ridout, and D. O'Donnell. Public Present: M. Kirsch, L. Lee, J. O'Neill, M. Soderquist, and Mrs. K. Curtis. PLEDGE OF The Pledge of Allegiance to the Flag was led by Interim Manager Pittis. ALLEGIANCE: CEREMONIAL Proclamation Recognizing May 16- 22, 1999, as "National Public Works Week" MATTERS/ PROCLAMATIONS: Mayor Braun read a proclamation recognizing May 16 - 22, 1999, as "National Public Works Week". He stated that the City's employees did an outstanding job and thanked National Public Works them for their dedication. Week WORK SESSION: None. LATE ITEMS TO BE Interim Manager Piths noted staffhad one late item regarding petroleum contaminated PLACED ON THIS OR soil from the Rayonier site. FUTURE AGENDA: 1. Acceptance of Petroleum Contaminated Soils from Rayonier Site Acceptance of Petroleum Contaminated Soils from Mayor Braun reviewed the information which had been distributed by Interim Manager Rayonier Site Pittis and asked for additional input. Interim Manager Piths stated there were 7,500 tons of contaminated gravel from the Rayonier site. Extensive testing of the material has been performed, and reports were sent to the State and County for review. Both agencies have agreed and approved the use of this material as being consistent with the guidelines for petroleum contaminated soils used as daily cover at the landfill. Interim Manager Pittis stated the next step is for Council to consider whether this material can be a part of the original agreement with Rayonier. Staff recommends the Council execute the amendment to the agreement which would provide for a landfill tipping fee of $27 per ton for this material, with the City providing the trucking. Net revenue to the City would be more than $200,000. -1- 3963 CITY COUNCIL MEETING May 4, 1999 Acceptance of Petroleum Discussion ensued, and Interim Manager Pittis responded to questions and provided Contaminated Soils from additional clarification. Rayonier Site Cont'd) Councilman Campbell moved to authorize the City Manager to sign an amendment to the contract with Rayonier, Inc., to accept the petroleum contaminated soils. Councilman Hulett seconded the motion. Following brief discussion regarding transportation costs, a vote was taken on the motion, which carried unanimously. Mark Reyes, 2301 W. 18th Street, advised the Council of a noise problem at the apartment complex where he lives. The Police have been contacted on many occasions with less than satisfactory results. On one occasion, a party was cited. Mr. Reyes registered his complaint that contacts with the City Attorney's office and the Police Department were not adequately dealt with, and he felt the noise ordinance, as adopted by the Council, clearly establishes what constitutes a noise and a nuisance. Mr. Reyes further detailed his feelings on the matter, asking for an apology from the City Attomey's office and the City of Port Angeles for not upholding the law as written. He demanded the case be prosecuted. Mayor Braun asked for input from Attorney Knutson, who felt the Council should be provided with a written report of the problem. He did not believe the Police Department nor the City Attomey's office owed Mr. Reyes an apology, but did owe him the same duty owed any citizen, which is to apply the law fairly and consistent with the legal requirements the City is bound by. Attorney Knutson stated there are some legal requirements which have restricted the Police Department's and City Attorney's options in dealing with this matter the way Mr. Reyes would like it to be dealt with. If the Council wishes, Attorney Knutson stated his office would provide a written report regarding this situation. Mr. Reyes stated he was considering litigation, as this matter could have been taken care of long ago. He again demanded an apology and vigorous prosecution of the crime. A report will be provided to the Council. Mike Soderquist, Community Development Director from Newburg, Oregon, stated he was one of the five finalists for the position of Public Works Director. He stated he was visiting today to see the dynamics of the Council at work and was very impressed with the City. FINANCE: 1. Award Bid for Water Utility Materials Water Utility Materials Mayor Braun reviewed the information provided by the Public Works Department and asked Interim Manager Pittis for additional information, which he provided. Councilman Campbell stated that the joint purchasing agreement with the PUD was a result of the many discussions held by staff with the PUD over the years. He commended staff's diligence and enthusiasm. Councilman Doyle moved to declare the bids from H. D. Fowler Company for Schedule A non-responsive, because the meters do not meet City specifications; and for Schedule B non-responsive, because they did not bid on all items in the Schedule; and further to award the bid for Schedule A to Familian Northwest for the sum of $23,766.46; award the bid for Schedule B to Familian Northwest for the sum of $28,283.15; and award the bid for Schedule C to H. D. Fowler Company for the sum of $5,635.11. All bids include sales tax. Councilmember McKeown seconded the motion, which carried unanimously. -2- 3964 CITY COUNCIL MEETING May 4, 1999 Broom Sweeper 2. Award Bid for Three Wheel Broom Sweeper Mayor Braun reviewed the information provided by the Public Works Department and asked Interim Manager Pittis for additional input. Interim Manager Pittis stated the sweepers work in a hostile environment due to the dust. The operator has devised innovative ways to use the sweeper for other duties. Interim Manager Pittis explained why the broom sweeper must be a three wheel rather four wheel vehicle, and offered the services of Pete Burrett, Equipment Services Superintendent, for any technical questions. Discussion followed, and Mr. Burrett and Interim Manager Pittis responded to questions and provided additional clarification. Councilman Wiggins moved to declare the bid from Tennant Company non- responsive because the bid did not meet the specifications; award the bid for the three wheel broom sweeper to Pacific Utility Equipment Company for the sum of $121,043.39, which includes tax. Councilman Williams seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Campbell moved to accept the consent Agenda, including: City Council minutes of April 20 and 26, 1999. Councilmember McKeown seconded the motion. Interim Manager Pittis noted an error on page one of the April 26, 1999, minutes, the Gateway Project. Downtown Forward Executive Committee, should read Gateway Project Committee. All Council members voted in support of the motion, with the exception of Council members Hulett and Wiggins, who abstained due to their absence from the meetings. Because abstentions are counted as affirmative votes, the motion carried unanimously. CITY COUNCIL Councilman Wiggins noted a meeting would be held Monday, May 10, 1999, at 7:00 COMMITTEE p.m. in the Veto Burton Community Center regarding the teenage pregnancy issue. All REPORTS: are invited to attend. Councilman Doyle announced that he attended a dinner, sponsored by the Puget Sound Blood Center, honoring blood donors and volunteers. The City of Port Angeles was presented with a Community Service Award for its support of patients in need. From July, 1998 through April, 1999, Clallam County has used 2,700 units of blood and donated 1,800 units of blood. Councilman Doyle suggested the City employees sponsor a blood drive if they don't already do so. At Councilman Williams's request, Fire Chief Becker gave a report on the Y2K meeting. Councilman Hulett referred to pages 47 and 48 of the packet, regarding the tourism brought to Port Angeles thanks to the Parks and Recreation Department. He commended them on a job well done. Councilman Hulett asked for comments and suggestions on the new newsletter. Comments can be directed to either Council member Doyle or Hulett. Councilmember McKeown referred to page 43 of the packet regarding the Olympic Park Institute handling the summer management of the Marine Lab. Although this item will be discussed later in the agenda, she wished to commend Parks & Recreation Director Brodhun on the effort he put into this project. Mayor Braun read a proclamation at Wal-Mart recognizing Earth Day, welcomed approximately 400 Lions and Lioness' to Port Angeles and presented a key to the City to the International Director, was a guest at the Eagle's Club annual dinner for Police and Fire staff, and attended the installation of a new lodge for the Sons of Italy. At Mayor Braun's request, Interim Manager Pittis read aloud from a letter recognizing -3- 3965 CITY COUNCIL MEETING May 4, 1999 CITY COUNCIL Port Angeles for excellence in the field of downtown revitalization in its Main Street COMMITTEE program. REPORTS: (Cont'd) Mayor Braun stated the Council was in receipt of a request from the Board of Directors of the Clallam County Community Action Council for a Council representative. Mayor Braun asked any Council member interested in participating on this Board to contact him. Right-of-Way Revisions Ordinances Not Requiring Public Hearings Ordinance No. 3018 Right-of- Way Ordinance Revisions Mayor Braun reviewed the information provided by the Public Works Department and asked for additional input. Interim Manager Pittis reviewed each of the proposed ordinance changes and explained why the change was considered necessary. Discussion followed, and Interim Manager Pittis responded to questions and supplied clarification. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3018 AN ORDINANCE of the City of Port Angeles, Washington, revising the City's curb and sidewalk construction requirements and right-of-way use requirements, clarifying that streets or alleys may be closed per- manently only upon approval of the City Council, clarifying that unpermitted signs or other objects within the right-of-way may be removed by the City without notice and destroyed, eliminating an unused requirement for a curb and sidewalk survey deposit, amending Ordinances 2166 and 2350, as amended, repealing Ordinance 1402, and amending Chapters 11.08 and 11.12 and repealing Chapter 11.04 of the Port Angeles Municipal Code. Councilman Williams moved to adopt the Ordinance as read by title. Councilman Wiggins seconded the motion, which carried unanimously. Commending Jack Pittis on Resolutions Not Requiring Public Hearings Distinguished Service Resolution No. 9-99 ]. Resolution Commending Jack Pittis on His Distinguished Service to the City of Port ,4 ngeles Mayor Braun stated he has had the privilege of working with Mr. Pittis during his entire tenure as Director of Public Works for the City, and he commended him for a job well done. Mayor Braun then read the Resolution bY title, entitled RESOLUTION NO. 9-99 Commending Jack Pittis on his Distinguished Service to the City of Port Angeles, Washington. Councilmember McKeown stated the Soroptimist morning club asked her to extend a farewell and good wishes to Mr. Pittis. She noted that the Soroptimists felt the Waterfront Trail would never have happened without Mr. Pittis and Parks & Recreation Director Brodhun. -4- 3966 CITY COUNCIL MEETING May 4, 1999 Commending Jack Pittis on Mayor Braun presented the Resolution and a key to the City to Interim Manager Pittis Distinguished Service in appreciation of his service to Port Angeles. Those in the audience gave Interim Resolution No. 9:99 Manager Pittis a standing ovation. Councilmember MeKeown moved to pass the (Cont'd) Resolution as read by title, Councilman Wiggins seconded the motion, which carried unanimously. Sole Source Software 2. Resolution for Sole Source Software for Wastewater Treatment Plant Resolution No. 10-99 Operation Mayor Braun reviewed the information provided by the Public Works Department and asked Interim Manager Pittis for additional input, which he provided. Following brief discussion and clarification, Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 10-99 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating S&B Inc. as the sole source for acquisition of Graphical User Interface (GUI) and Data Management System (DMS) software for the City's waste- water treatment plant. Councilman Williams moved to pass the Resolution as read by title. Councilman Hulett seconded the motion, which carried unanimously. Appointments to the Other Considerations Planning Commission 1. Appointments to the Planning Commission At Mayor Braun's request, Clerk Upton explained that Theresa Schxnid was withdrawing her application for the Planning Commission, but would like to be considered for the Board of Adjustment. Clerk Upton recommended two roll call votes be taken. Councilman Hulett stated he would not be voting as he did not participate in the interview process. A roll call vote was conducted for the vacancy expiring March 1, 2003, and a unanimous vote was cast for Fred Norton. Clerk Upton conducted a roll call vote for the vacancy expiring March 1, 2002, and the vote resulted in a tie with Mayor Braun and Councilmembers Campbell and Wiggins voting for Bob Philpott and Councilmembers McKeown, Williams and Doyle voting for Jason Robotkay. At Mayor Braun's request, a second roll call vote was conducted in an attempt to break the tie. Mayor Braun and Couneilmembers Doyle, Williams and McKeown voted for Jason Robotkay, and Councilmembers Wiggins and Campbell cast a ballot for Bob Philpott. Therefore, Jason Robotkay was appointed to the Planning Commission. Clerk Upton conducted a roll call vote for the vacancy on the Board of Adjustment. A unanimous vote was cast for Theresa Sehmid, therefore, Ms. Schmid was appointed to the Board of Adjustments. Break Mayor Braun recessed the meeting for a break at 7:28 p.m. The meeting reconvened at 7:47 p.m. -5- 3967 CITY COUNCIL MEETING May 4, 1999 Wildlife Hazard 2. [nterlocal ,~greement with Port of Port ,~ngeles ,for Wildlife Hazard Management Plan Management Plan Mayor Braun reviewed the information provided by the Public Works Department and asked Interim Manager Pittis for additional input. Interim Manager Pittis reviewed the history of this issue and explained the Interlocal Agreement was necessary to continue the Wildlife Hazard Management Plan in partnership with the Port. Discussion followed, and Interim Manager Pittis responded to questions and provided additional clarification. When queried by Councilman Campbell as to the cost to the City for wildlife management, Interim Manager Pittis estimated a range of from $40,000 to $75,000, which was money well spent to protect a $2 million investment. Councilman Campbell moved to authorize the Mayor to sign the Interlocal Agreement with the Port of Port Angeles to implement the Wildlife Management Plan. Councilman Doyle seconded the motion, which carried unanimously. Water Quality Report 3. Recommendation for Water Quality Report Mayor Braun reviewed the information provided by the Public Works Department and asked Interim Manager Pittis for additional input. Interim Manager Pittis stated the purpose of this document was to comply with the United States Environmental Protection Agency's (USEPA) requirements to provide a Consumer Confidence Report, and he summarized the types of information contained in the report. Interim Manager Piths stated the City of Port Angeles is fortunate to have good water; the Water Quality Report will be sent out to the citizens, probably via the City newsletter or'as an insert with utility bills. Discussion followed, and Interim Manager Pittis responded to questions and provided additional information. Councilman Doyle commended staff for keeping the Water Quality Report brief and easily understood. Interim Manager Pittis thanked Phyllis Rasler, his Administrative Assistant, who helped put the report together and made it readable for the general public. This information will also be disseminated at the County Fair. Councilman Doyle moved to approve the Water Quality Report for distribution to Port Angeles Water customers. Couneilmember MeKeown seconded the motion, which carried unanimously. Marine Life Center 4. Consideration of Partnership with Olympic Park Institute for Marine Life Operation Center Operation Mayor Braun reviewed the information supplied by the Parks & Recreation Department and asked for additional input. Director Brodhun reminded the Council that Peninsula College had operated the Marine Lab in the past. He provided a brief summary of the events leading up to the proposal from the Olympic Park Institute and the agreement to operate the Marine Life Center. Director Brodhun felt this match was good, as it has the potential to create an operation, bigger and better than has been seen in previous years. The Park Board has reviewed the proposal and discussed the issues, and is supportive of the parmership. Director Brodhun stated Mr. Maitland Pete, Executive Director of the OPI, was present to answer questions. Councilmember McKeown felt this was an exciting opportunity to provide an educational outreach to those who visit the Marine Lab. Councilman Campbell fully supported the move, as it would be a quality tourist attraction on the waterfront. -6- 3968 CITY COUNCIL MEETING May 4, 1999 Marine Life Center Maitland Pete, 11 ! Lawrence Point Road, Executive Director of the OPI, stated the OPI Operation (Cont'd) was very happy to be able to fonn this parmership with the City. The OPI works with approximately 6,000 visitors per year and has a $950;000 annual operating budget. Mr. Pete stated the OPI has been looking for a stronger presence closer to the heart of the City, and he felt this was a wonderful opportunity to move in that direction. OPI is eager to provide a quality educational experience at the Marine Life Center. Brief discussion followed, and Mr. Pete responded to questions from the Council. Councilmember McKeown moved to authorize staff to finalize and sign an agreement with Olympic Park Institute for operation of the Feiro Marine Life Center. Councilman Campbell seconded the motion, which carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: City Manager's Report Interim Manager Pittis noted that Council had received a copy of the resignation of Ms. Katherine Godbey, Finance Director, who has accepted a job with the Library District in Las Vegas. Interim Manager Pittis thanked Director Godbey for her years of service and announced that Yvonne Ziomkowski, City Treasurer and Accounting Manager, would be appointed as the City's new Finance Director. Interim Manager Pittis stated staff would provide support and assistance to Ms. Ziomkowski in her new role, and he wished Ms. Godbey well in her new venture. Interim Manager Pittis noted that the landfill free day must be changed from June 20, which is Father's Day, to June 13, 1999. Also, the meeting day for the Solid Waste Advisory Committee meeting has been changed to May 6, 1999. Interim Manager Pittis stated that fiber optics and telecommunications have been discussed at length over the past few months. There will be a fiber optics technical brie£mg, provided by a consultant engaged by the PUD, which will take place on May 26, 1999, at 1:00 p.m. All Council and UAC members are invited to attend. The meeting site has not yet been determined. Councilman Campbell noted that fiber optics is an extremely important economic development issue for the City. He encouraged attendance at this session. Interim Manager Pittis noted that Leadership Academy issues are proceeding. Council had expressed some concern that part of this training occur during off work hours. The next session, which is Conflict Resolution, is an all day session. It is suggested that this topic occur during work hours. Mayor Braun agreed with Interim Manager Pittis and recommended Council approval. Following brief discussion, it was the consensus of Council to approve this training during work hours. Interim Manager Pittis reminded the Council that Eighth Street is undergoing some repairs and improvements. The City must now rent the grinder on its own, as the agreement with the State has expired. The cost will be $5,000 per week, and the work will continue on a daily basis until it is complete. This will cause some inconvenience, but staff feels the work is necessary and must proceed. Limited discussion ensued. Interim Manager Pittis stated the last item dealt with letters to the editor concerning Lockbox services. The newspaper has asked for the City to provide a response. Finance Director Godbey explained the economies of processing the City's utility bills and will provide a letter of explanation to the newspaper. -7- 3969 CITY COUNCIL MEETING May 4, 1999 INFORMATION: Mayor Braun announced that he, Planning Director Collins, and Economic (Cont'd) Development Director Smith will be attending the Cascadian Mayor's Conference in · Victoria B.C. A report on the meeting will be provided at the next Council meeting. Mayor Braun asked Director Brodhun for an update on the Parks & Recreation Hotel/Motel Report, which he provided. ADJOURN TO Mayor Braun adjourned the meeting to Executive Session at 8:50 p.m..for EXECUTIVE SESSION: approximately one hour to discuss matters of personnel and litigation. RETURN TO The meeting returned to open session at 9:55 p.m. OPEN SESSION: Councilman Wiggins moved to authorize the Mayor to sign the contract with Interim City Manager Pittis. The motion was seconded by Councilman Campbell and carried unanimously. ADJOURNMENT: The meeting was adjourned at 9:58 p.m. B~c-k~ J. ~Jl~-Lr~ ~l~rk~: -- -- Gary l~raun,~ayor -8-