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HomeMy WebLinkAboutMinutes 08/01/1989Staff Present: CITY COUNCIL MEETING Port Angeles, Washington August 1, 1989 I CALL TO ORDER Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:00 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Sargent. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel (arrived at 7:35 P.M.), Hallett, Hordyk, Lemon, Sargent. Members Absent: None one position vacant. Manager Flodstrom, Attorney Knutson, Clerk Maike, 0. Miller, M. Cleland, B. Titus, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, G. Kenworthy, B. Coons. Public Present: C. Burton, J. Anderson, D. Kulisek, F. Ninke, L. Beil, G Binkie, D. Stuart, C. Tinney, H D. Dumdie, N. Martin, B. Burns, J. Doyle, G. Pettet, K. Rose, Philpott. IV APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 18. 1989 Councilman Hordyk moved to accept and place on file the City Council meeting minutes of July 18, 1989. Councilman Sargent seconded and the motion carried unanimously. V FINANCE 1. Consideration of Bid Award for DelGuzzi Drive L.I.D. Councilman Sargent moved to concur with the recommendation of the Public Works Department and award the bid to Lakeside Industries for $532,296.40 for the DelGuzzi Drive L.I.D. #211 project and to authorize the Mayor to sign the contract with Lakeside Industries. Councilman Hordyk seconded and the motion carried unanimously. 2. Consideration of Bid Award for Janitorial Services 1406 C. Massey, V. Miller, A. Braun, P. Alexander, N. Berglund, K. C. Hamann, B. Hutchison, E. Colompos, N. Webster, H. Medley, B. Councilman Hallett moved that the Council award the one -year bid for janitorial services to the lowest responsible bidder, New Broom Janitorial, in the amount of $6,170. Councilman Sargent seconded the motion. Councilman Lemon asked which facilities were included in the contract. Administrative Services Director Wolfe replied the contract is inclusive of the City Light, Corp Yard, and Second and Valley Street buildings and the Service Garage. Councilman Hordyk commented that the Clallam County Courthouse had also used New Broom Janitorial in the past for services and had found them to be insufficient. He questioned staff whether there had been any investigation as to this issue. Director Wolfe explained that the City has used the services of New Broom Janitorial in the past; however, last year they were not the lowest responsible bidder and were not awarded the bid; but it has been the City's experience that the services provided by New Broom Janitorial have been good. On call for the question, the motion carried, with Councilman Hordyk voting "No 1407 CITY COUNCIL MEETING August 1, 1989 3. Consideration of Bid Award for Surplus Property (Lot 14. Block 51. TPA. Third Valley) Councilman Sargent moved to accept Mr. Vincent's bid of $1,555 and to sell the property to him. Councilman Hallett seconded and the motion carried unanimously. The property is located at Third and Valley Streets. VI CONSENT AGENDA Councilman Hordyk moved to accept the items on the Consent Agenda, including (1) Request for approval of extension to consultant agreement for fish survey on Morse Creek; (2) Correspondence from Washington State Liquor Control Board; (3) Vouchers of $1,099,958.70; and (4) Payroll of 7 -28 -89 of $249,959.60. Councilman Lemon seconded and the motion carried unanimously. VII ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA There were no items presented. VIII LEGISLATION 1. Yard of the Month Awards August. 1989 Mayor McPhee presented awards for the August Yard of the Month winners as follows: Lloyd and Carol Eisenman, 1819 West Tenth Street; Robert and Margaret Frick, 114 Vashon; Alice C. Manes, 1116 Pine Street; Dwayne and Carolee Massey, 1313 Georgiana; Darrell and Janice Anderson, 1107 East Sixth Street; and neighborhood of the month to Mary Alice Nelson, 404 North Jones Street; Nina L. Binkie, 406 North Jones Street; and Doris M. Stuart, 408 North Jones Street. 2. Public HearinEs A. Street Vacation Reauest STV- 89(07)6 Snvdal Reauest for Vacation of a Portion of West Third Street. (PlanninE Commission has continued this item until after award of bid for Lot 14. Block 51. TPA.) Councilman Lemon moved to continue this item to the August 15, 1989, City Council meeting, at which time the Planning Commission will have heard the request at their August 9th meeting, with a recommendation to be made to the Council. Councilman Sargent seconded and the motion carried unanimously. 3. Planning Commission Minutes of July 26. 1989 Councilman Hallett moved to concur with the Planning Commission's amended minutes of July 12, 1989, to include Condition No. 2 of the Daishowa America Shoreline Permit, SMA- 89(07)100, which reads as follows: "Dredge spoils shall be handled in such a manner as to not impact streets with mud or debris." Councilman Lemon seconded and the motion carried unanimously. Councilman Sargent moved to accept and place on file the Planning Commission minutes of the July 26, 1989, meeting. Councilman Hordyk seconded and the motion carried unanimously. Councilman Hallett made note of the Planning Commission's progress in the revision of the Comprehensive Plan and the goals that have been added to the Plan. He suggested the Council review those goals and make suggestions to the Planning Commission. 4. Reauest for Financial Assistance from DWI Task Force L.I.F.T. Home Pr0aram Mayor McPhee gave the Council and the audience a brief review of the program, stating it was his opinion that this was a very worthwhile program. Chief of Police Cleland introduced Jim Borte, Coordinator for the DWI Task Force, to the Council. Mr. Borte gave a presentation regarding the merits of the program since its inception, stating that the overall factor of the program is to provide free rides to intoxicated persons. Through June 1, 1989, the program has provided 3,390 rides at a cost of $16,358.86. Additionally, it has received an Excellence in Traffic Safety award in 1986 from the Washington Traffic Safety Commission and the Washington State Association of Traffic Safety Representatives. The program also serves as a model for other programs -2- 1408 CITY COUNCIL MEETING August 1, 1989 throughout the State. Mr. Borte urged the Council to approve the request for funding, stating although establishments within the City limits comprise only 50% of the membership, they are responsible for approximately 75% of the usage. The members of the program have suggested that the City fund $2,500, which would be sufficient to stabilize the program, promote and enhance it, so that all liquor establishments could belong. Randy Reynolds, Enforcement Officer, State of Washington Liquor Control Board, spoke in support of the program, as it was the Liquor Control Board's feeling that this was money well spent. Discussion ensued regarding the serving of patrons after a person has become intoxicated; following up on establishments to pay their portion of the billing and the reason for a round -trip ride. Mayor McPhee suggested that a liquor license fee be established through the City to defray some of the cost of the program. Councilman Hallett stated it was frustrating for the public at large to have to foot the bill because of some people not taking responsibility for their own actions. Noting that the customer count, which is down in these establishments, may be a good thing, stating that he did commend what the Task Force was doing. Councilman Lemon voiced his concern regarding municipal funds being used to subsidize the program. He also felt it was important to make it a mandate to license these establishments. Councilman Gabriel arrived at 7:35 P.M. Ed Bedford, Port Angeles Distributing Company, stated the distributors in the area are very proud of the program and are believers in the program and urged the Council's support. Councilman Gabriel asked from where the program would be funded. Manager Flodstrom stated the Council has several choices: to fund this from profits received on liquor; or excise taxes. Reallocation of these funds would be from the General Fund. Councilman Sargent moved, in order to make the streets safe for citizens, that the Council contribute $2,500 to the L.I.F.T. Home Program from the General Fund and also to look at increasing liquor license fees for 1990. Councilman Hallett seconded the motion. Councilman Hallett spoke in favor of the motion, citing the Council should take advantage of all opportunities available to them and to assist those people who are trying to find an answer to these types of issues, and further, the Council should look at a long range means of continuing to provide support for this issue, as well. Councilman Hordyk offered a friendly amendment to have the City Clerk come back to the Council with figures which support the information regarding the adding of the fee to the liquor license. The amendment failed for lack of a second. Councilman Sargent incorporated that into her motion. Councilman Hallett concurred. K Manager Flodstrom pointed out to the Council that the City does not currently license these types of establishments. Therefore, if the Council wished to look at a fee to fund the program, it would require the establishment of a licensing procedure. Attorney Knutson suggested if the Council wishes to contribute this amount of money to the program that an agreement be drafted with the County specifying the types of things the money should be used for and also allowing the City the audit rights. On call for the question, the motion carried, with Councilman Gabriel voting "No 1409 CITY COUNCIL MEETING August 1, 1989 5. Report on Neighborhood Meeting with McDougal Street Residents. Manager Flodstrom informed the Council that a meeting had been held earlier in the day to review some improvement options for McDougal Street and the surrounding neighborhood. Councilman Hallett briefed the Council on the contents of the meeting, stating that the conclusion arrived at was to solve the problem of the road, as it is not in good shape. Some of the options available ranged from a large L.I.D. to a simple dust control measure. Cost, benefits, and longevity were evaluated and as a result, there was a decision reached to do a Bituminous Surface Treatment (B.S.T.), which would provide roughly five years of good life and would improve the situation and enhance pedestrian safety. He stated that discussion had been held regarding the ability of the City to pay for the cost of the B.S.T. surface. In past circumstances, the Council has, on a contract basis, had joint arrangements with the property owners whereby the Council shared the cost with the property owners, roughly on a fifty /fifty basis. He stated the approximate cost of this project is just under $35,000 and the cost to the property owners, total, is estimated to be approximately $17,500. Per property owner cost is just under $500. Upon approval of the Council, an agreement must be made with the property owners and the issue could be resolved by the end of August. Councilman Hordyk stated the basic agreement as outlined by Councilman Hallett is quite fair, given in consideration of the inconvenience the people in the area had. The proposal provides that a letter of financial commitment be signed. If this is proceeded with, it would not be a legal L.I.D., which places a lien on the piece of property, but only justification that the property owners would pay the bill. Director of Public Works Pittis, in answer to a question by Mayor McPhee regarding the width of the road, stated the City would attempt to get as wide a road as possible. The section currently would be twenty -four to twenty -six feet wide on McDougal Street, possibly as wide as 30 feet. There was some discussion regarding the Rhodes Road project, as it has similarities, changes in policies that have taken place regarding these projects, and absentee ownership. Councilman Hordyk moved to authorize the Public Works Department to proceed with the project; that the owners' costs be set at $17,224; additionally that the B.S.T. two -shot course be laid. Councilman Lemon seconded. Mayor McPhee reminded the Council that there are safety and liability considerations involved with this issue. On call for the question, the motion carried unanimously. BREAK Mayor McPhee recessed the meeting for a 15- minute break at 8:05 P.M. The meeting reconvened at 8:20 P.M. 6. Consideration of Civil Service Rules and Regulations Councilman Lemon moved to table the issue. Councilman Hordyk seconded and the motion carried, with Councilmen Gabriel and Sargent voting "No Councilman Hallett had not returned to the room, r< t. (l <ti_ i< r L, o-7 c ,Q J 7. Consideration of Smart Design Contract Modification Councilman Sargent moved to authorize the City Light Director to execute the current budget modification and future modifications to the BPA Financial Assistance Award for operation of the Energy Smart Design Assistance Program. Councilman Hordyk seconded and the motion carried unanimously. 8. Consideration of Request for Water Service Outside City Burton Cecelia Burton, 5045 West Mercer Way, Mercer Island, Washington, gave Council an overview of the situation involving her property, the problems they have been having with finding water, and her request that the Council allow them to tap into the City's water line. She submitted to the Council an outline which -4- 1410 CITY COUNCIL MEETING August 1, 1989 incorporated the process that she and her husband had made in trying to find water on the property, as well as the steps involved in making the appeal to the Council. Councilman Hordyk pointed out that the City does have an Ordinance which says that the City will not provide services outside the City's corporate limits. He suggested that the Burtons circulate an annexation petition. After a short discussion involving the steps to an annexation, Mrs. Burton stated she felt this was a hardship case, stating there are two lines to the area already, and urged that the Council approve her request. Director of Public Works Pittis stated that one possibility the Council may consider in offering the request would be to restrict the use to one single family residence. Councilman Hordyk stated that one thing the Council should remember is if one is allowed, then the Council would have to allow more, which would open a Pandora's box in different areas, in not only water systems, but electric and sewer as well. He once again suggested that the Burtons pursue the annexation process. Councilman Hordyk moved that the request of the Burtons for water outside of the City limits be denied. Mayor McPhee seconded the motion in support of the ordinance. Councilman Hallett was opposed to the motion, as he believed the proper thing for the Council to do would be to direct staff to come back to the Council with an agreement for Council review, stipulating conditions on the restrictions for a single family residence. In light of the information provided to the Council, it was his opinion that this was a unique situation and he felt the Burtons had a legitimate reason for their request. Mayor McPhee was in support of the motion, stating they are the Council of the City of Port Angeles and not Clallam County. He felt if the Council were to allow this, then there would be a next time. Mayor McPhee called for a vote of the Council on the motion. The motion failed with Councilman Hordyk and Mayor McPhee voting "Yes Councilmen Sargent, Gabriel, Lemon, and Hallett voting "No Councilman Hallett moved that the Council direct staff to bring back to the Council a proposed agreement which would set forth certain conditions which would allow the Council to take action at the August 15, 1989, City Council meeting to approve or deny the access of this property owner to City water. Councilman Gabriel seconded. Councilman Hallett suggested that one of the conditions be to provide use to one single- family residence only. Following further discussion, on call for the question, the motion carried, with Councilman Hordyk and Mayor McPhee voting "No 9. Consideration of Extension of Existing Contracts with Claims Administrator for Workers' Compensation Claims IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Sargent moved to approve the extension of the service agreement with Gates McDonald Company and to authorize the Mayor to sign the agreement. Councilman Hordyk seconded and the motion carried unanimously. Councilman Hordyk made reference to a letter received from a Mrs. Medley regarding an on -going nuisance complaint of garbage and cars in the alley, requesting that staff work toward the resolution of the problem. Councilman Sargent requested that staff provide information on the contract with the Humane Society, underlining the changes which have been made; specifically those changes as requested by the concerned citizens. She also recognized the Parks and Recreation Department for the condition of the planters in the Downtown area, the ball fields, and the recreation program with youth. Councilman Lemon and Mayor McPhee discussed the letter from DOE regarding the concerns of the City's progress on secondary sewage treatment, requesting that staff provide information to the Council to keep them up to speed on how the project is proceeding. Councilman Hordyk made note of the tax valuation done on the ITT Mill which will result in the tax valuation being decreased significantly which will, in turn, result in a significant loss of tax revenue by the City. Councilman Hallett noted that the mid -year financial report was available to the Council in their packet. Additionally, that the report will be available to anyone who would like to see this. He stated he was very pleased with the report. X ADJOURN TO EXECUTIVE SESSION Mayor McPhee adjourned the meeting to Executive Session at 9:23 P.M. to discuss potential litigation and a personnel /labor item. Approximate time, 15 minutes. XI RETURN TO OPEN SESSION The meeting returned to open session at approximately 10:12 P.M. Resignation of City Manager Mayor McPhee announced that the Council had returned to open session to discuss the acceptance of the City Manager's resignation. Councilman Hordyk moved to authorize the Mayor to sign the resignation agreement with terms and conditions of the severance agreement. Councilman Gabriel seconded. Manager Flodstrom stated the agreement would be effective August 1, 1989, with his service ending March 30, 1990. Mayor McPhee voiced his opposition to the agreement. The question was called and the motion carried, with Mayor McPhee and Councilman Lemon voting in opposition. XII ADJOURNMENT CC. 90 Councilman Hordyk moved for adjournment. Councilman Lemon seconded and the motion carried. The meeting adjourned at approximately 10:15 P.M. Mayor 1411 CITY COUNCIL MEETING August 1, 1989