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HomeMy WebLinkAboutMinutes 09/04/1990 1686 CITY COUNCIL MEETING Port Angeles, Washington September 4, 1990 I CALL TO ORDER - SPECIAL MEETING Mayor Sargent called the special meeting of the City Council to order at approximately 6:05 P.M. Members Present: Mayor Sargent, Councilmen Hallett, Lemon, Nicholson, Ostrowski, and Wight. Members Absent: None - one seat vacant. II INTERVIEWS OF APPLICANTS FOR CITY COUNCIL SEAT VACATED BY KELLY GABRIEL The City Council interviewed three applicants for the seat vacated by the recent resignation of Kelly Gabriel, as follows: Jim Hulett, Jerry Cornell, Gary Braun. There being no further business, the meeting was adjourned at approximately 6:50 P.M. III CALL TO ORDER REGULAR MEETING Mayor Sargent called the regular meeting of the Port Angeles City Council to order at 7:04 P.M. IV PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by former City Councilman Kelly Gabriel. V ROLL CALL Members Present: Mayor Sargent, Councilmen Hallett, Lemon, Nicholson, Ostrowski, Wight. Members Absent: None One seat vacant. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, M. Cleland, B. Collins, B. Coons, K. Ridout, T. Smith, H. Hutchison, C. Jones, L. Glenn, J. Pittis, B. Titus. Public Present: C. Whidden, G. Braun, Mr. & Mrs. W. Spires, E. Colompos, J. Pruss, L. Beil, C. & A. Alexander, M. Hulett, S. Breitbach, W. Dunn, S. McLeod, L. Schmitt. VI SELECTION OF CANDIDATE TO FILL COUNCIL VACANCY Mayor Sargent directed Clerk Upton to poll the Council. Ballot One: Councilmen Nicholson, Ostrowski, and Hallett cast votes for Jim Hulett. Councilman Wight, Mayor Sargent, and Councilman Lemon, cast votes for Jerry Cornell. Ballot Two: Mayor Sargent directed Clerk Upton to again poll the Council, this time in alphabetical order. Councilman Hallett cast a vote for Jim Hulett. Councilmen Lemon, Nicholson, Mayor Sargent, and Councilman Wight cast votes for Jerry Cornell. Councilman Ostrowski cast a vote for Gary Braun. VII SWEARING IN OF NEW COUNCII~EMBER Clerk Upton administered the Oath of Office to Gerald A. Cornell, who was then seated with the City Council immediately thereafter. 1687 CITY COUNCIL MEETING September 4, 1990 A motion was made by Councilman Nicholson that Mr. Cornell be elected to the City Council by acclamation. The motion was seconded by Councilman Ostrowski and carried unanimously. ~ Mayor Sargent noted that everyone on the City Council recognizes this was a very difficult choice because of the excellence of the candidates. It is the Council's hope the other two candidates will choose to run for election. VIII APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 21, 1990 Councilman Ostrowski moved to approve the minutes of the regular meeting of August 21, 1990. Councilman Wight seconded the motion. The motion was voted on and carried by a majority vote, with Councilman Cornell abstaining. IX FINANCE 1. Request for Progress Payment to Lakeside Industries for DelGuzzi Drive LID of $171,898.98; Retainage to Escrow of $8,991.06 Councilman Hallett moved to authorize the progress payment to Lakeside Industries for the DelGuzzi Drive LID in the amount of $171,898.98, with retainage to escrow in the amount of $8,991.06. Councilman Lemon seconded the motion. Mayor Sargent noted there is a 28% increase between the original contract amount and this estimated total. Director of Public Works Pittis offered to provide a detailed breakdown for a future meeting of City Council as to what constitutes this difference. A number of the items were requested by the developer for additional capacities on certain parts of the utilities, which were accomplished as part of the change order system. The bulk of this particular payment is for asphalt and gravel for the paving. After limited discussion, the motion was voted on and carried unanimously. 2. Consideration of Bid Award for "E" Street Reservoir Liner The City Council gave consideration to information presented by the Department of Public Works pertinent to the bid for the "E" Street Reservoir reline. Mayor Sargent noted that seven companies had requested the bid package, but that six chose not to submit bids. The Mayor asked whether it is more difficult to install the liner because of the fact the Reservoir has a roof. Director of Public Works Pittis indicated that certainly it is more difficult to get the supplies inside, but once inside the structure, the project can then be completed with more ease. Director Pittis offered to contact some of the prospective bidders to determine why they chose not to submit bids. This will be done after the award of the contract. Additionally, Director Pittis provided a brief history of the Reservoir leakage and noted that the roof will not be disturbed during the relining process. Councilman Lemon moved to award the bid for the "E" Street Reservoir Reline to Northwest Linings & Geotextile Products, Inc., in the amount of $34,320.29, including Washington State Sales Tax in the amount of 7.8%. Councilman Cornell seconded the motion, which carried unanimously. 3. Consideration of Bid Award for Solid Waste Roll-Off Truck Earlier this year the City Council had directed staff to develop specifications and call for bids for a new or used roll-off truck for the Solid Waste Division. The roll-off truck consists of two components: The basic cab/chassis~ and the roll-off tilt frame, which is mounted on the truck chassis. Of the four bids received, three vendors submitted proposals for complete units, including one which was used. The used truck was to have been inspected by the Equipment Rental Superintendent to determine if the unit would be acceptable. -2- 1688 CITY COUNCIL MEETING September 4, 1990 Equipment Rental Superintendent Harold Hutchison reported that he went to Yakima intending to inspect two trucks, one of which had already been sold. The remaining truck is 13 years old, appears to be in good shape for its age, and has what appears to be a structurally sound cab. The interior is in particularly bad condition, but can be cleaned. The engine has 167,000 miles, or 6,000 hours. Superintendent Hutchison drew oil samples out of four reservoirs and has sent them out for testing. It is the recommendation that the Council award the bid for the complete used unit to Western Peterbilt, Inc., in the amount of $46,056.47, including tax. Superintendent Hutchison further reported the used truck should last for another four years. The truck is approximately 3/4 of the way through its life on the engine, and it will be necessary to send to Vancouver for the rail portion of the equipment. Council inquired as to the transmission, to which Superintendent Hutchison replied it is in acceptable condition. Three tires will need to be replaced and some work will need to be done on the differential. It will cost approximately $3,000 to bring the truck up to par. Director of Public Works Pittis noted it had been the wish of the Solid Waste Division to obtain a new truck: however, the expense of a new truck cannot be justified at this time. At this time, the roll-off truck will be used strictly at the Landfill where containers from the transfer facility will be moved into the pit, where the public will not be allowed for safety reasons. Should there be a problem with the truck, back-up equipment would be available from the Mills or from Olympic Disposal. Another consideration or justification for used equipment is that Solid Waste would not be providing a service to the community because there is presently a contractor in the City providing that service. Solid Waste would not offer that type of service until requested to do so. Councilman Gornell moved to award the bid for the complete used roll-off truck unit (cab, chassis and roll-off frame) to Western Peterbilt, Inc., in the amount of $46,056.47, including tax, and further, that if the multiple oil analysis test should come back negative, this matter should be returned to the City Council for consideration. Councilman Hallett seconded the motion, which carried unanimously. With the Council's permission, Mayor Sargent then deviated from the Agenda by presenting a Proclamation honoring former Councilmember Kelly Gabriel. CONSENT AGENDA Councilman Ostrowski moved to accept the items as presented on the Consent Agenda, including: (1) Request for approval of travel for City Light Director to attend a management internship program for electric utility managers; (2) Travel request from City Manager to attend International City Management Association (ICMA) Annual Conference; (3) Travel request for Electrical Engineering Specialist to attend an AutoCAD training class; (4) Request to hold a teen dance in the Vern Burton Gym on September 14, 1990, to include youths under age 16; (5) Vouchers of $1,546,845.55; and (6) Payroll of 8-19-90 of $283,462.10. Councilman Wight seconded the motion. Following discussion of some of the items as presented, the motion was voted on and carried unanimously. XI ITEMS FROM THE COUNCIL/AUDIENCE TO BE CONSIDERED/PLACED ON THE AGENDA Councilman Ostrowski stated that, as the City Council representative on the Clallam Transit Authority Board, he will be attending the Washington State Transportation Conference in Tacoma the next two days, and he requested he be excused from the remainder of this meeting in order to leave town. Councilman Ostrowski then departed the meeting. Mayor Sargent introduced the subject of the need to have a committee appointed for recognition for retiring Councilmembers. Over the years, various retired employees and other officials have been recognized, yet it seems that City Councilmembers are not given appropriate recognition. After limited discussion, Councilman Hallett moved that the Memorial Committee be assigned the duty of determining appropriate recognition for -3- 1689 CITY COUNCIL MEETING September 4, 1990 retiring or resigning Councilmember$. Councilman Cornell seconded the motion. A brief discussion followed. The motion was voted on and carried unanimously. XII LEGISLATION 1. Presentation of Yard of the Month Awards for September, 1990 Mayor Sargent presented Yard of the Month awards to the following citizens: Dean & Trina Francis, 1730 West 14th Street; John & Julie Pruss, 3011 Regent Street; Winnie Dunn, 604 West 10th Street; Steve & Arlene Kelly, 1234 East 2nd Street: Wayne & Carolyn Spires, 522 North Liberty Street; neighborhood of the month: Jack & Donna Huston, 1014 Georgiana; George & Anita Stevens, 1015 Georgiana; Helen Rice, 1017 Georgiana; and Barbara Bridgeford, 1023 Georgiana. 2. Planning Commission Minutes of Meeting of August 22, 1990 Councilman Lemon moved to accept and place on file the Planning Commission minutes of August 22, 1990. Councilman Cornell seconded the motion, which carried unanimously. Discussion followed with respect to the contents of the Planning Commission minutes and Councilman Hallett inquired as to the time frames that can be expected on having the matter of the Planned Residential Development presented to the City Council. Planning Director Collins indicated a site review was conducted by the Planning Commission on August 30th, and a public hearing continued immediately thereafter. The matter should be coming to the Council no sooner than the first meeting after the October 17th Planning Commission public hearing. Councilmembers were interested in knowing what position, if any, should be taken at this time on the issue of the Planned Residential Development proposal by DelHur, Inc., on DelGuzzi Drive. In response to Councilman Wight's inquiry, Attorney Knutson advised the Council that until the matter comes before the City Council for official action, the Council should play no role other than that of observation. Approval of the Planning Commission Minutes does not infer approval of the actual project. In response to an inquiry from Councilman Cornell, Attorney Knutson recommended that City Councilmembers not attend Planning Commission meetings; that technically it is not illegal, but it would behoove the Councilmembers to remain as impartial and as distant from public contact on the issue as possible. Mayor Sargent felt it appropriate that all Councilmembers receive the same information. However, Councilman Wight noted it is becoming increasingly difficult, in that several community members are approaching Councilmembers to discuss the issue. Attorney Knutson stated that the best course of action is to advise such members of the public that City Councilmembers cannot take a position on such matters prematurely, and to refrain from any further discussion. However, if such contact was unavoidable, it would be appropriate for a City Councilmember to disclose such input from the community at the beginning of the Council's consideration of the matter. 3. Consideration of Resolution Setting Public Hearing for a Street Vacation Mayor Sargent read the Resolution by title, entitled -4- 1690 CITY COUNCIL MEETING September 4, 1990 RESOLUTION A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of East Second Street abutting Lots 1 - 8, Block 177, F. G. Richard's Subdivision of the Townsite of Port Angeles, together with that portion of East Second Street abutting Suburban Lot 13, TPA. Councilman Hallett moved to pass the Resolution as read by title, setting the hearing date for October 16, 1990, and forwarding the petition to the Planning Commission for a hearing at its October 10, 1990, meeting. Councilman Lemon seconded the motion, which carried unanimously. 4. Consideration of Revising Application to Relocate Inner Harbor Line The Executive Director of the Port of Port Angeles recently communicated with the City concerning the revision of the application to move the Inner Harbor Line. It had been the decision of the Port that relocating the Inner Harbor Line in the vicinity of The Landing is no longer necessary, in that the original reason for the relocation in the vicinity of The Landing was to allow for a hotel. The Port and Security Pacific Bank are no longer interested in pursuing a hotel; therefore, the need for relocation of the Inner Harbor Line no longer exists. The Port is asking the City to concur with the Port's decision in that the City and the Port are co-applicants on this particular application. Planning Director Collins presented a map to the City Council for review and to clarify the specific area involved. Councilman Lemon moved to concur with the decision of the Port of Port Angeles to revise the application to relocate the Inner Harbor Line to include only the area from Oak Street to Cherry Street. Councilman Cornell seconded the motion, which carried unanimously. 5. Consideration of Petition to Form LID at Third and Fourth Streets West of Golf Course Road On August 20, 1990, a petition for improvement of Third and Fourth Streets west of Golf Course Road was presented to the Department of Public Works. The petition has been verified to represent approximately 56% of the area. It is the recommendation of the Department of Public Works that the City Council accept the petition from the property owner. Councilman Hallett moved to accept the petition from the property owner to form an LID as presented, and authorized the Department of Public Works to proceed with certain surveying and engineering, to prepare a preliminary layout and estimated cost, and bring a Resolution of Intent to form the LID to Council for its future consideration. Councilman Nicholson seconded the motion. Councilman Cornell inquired as to the remaining 44% of the property owners and whether those individuals would be given an opportunity to state any opposition, should it exist. Director of Public Works Pittis answered affirmatively, in that once the formal area is determined, property owners will be contacted in order to determine if the project is valid. This will be done before a great deal of funds are spent on engineering costs. After limited discussion, the motion was voted on and carried unanimously. 6. Consideration of Resolution for Abatement of Public Nuisances (Public Meeting - Comments Accepted) Mayor Sargent read the Resolution by title, entitled -5- 1691 CITY COUNCIL MEETING September 4, 1990 RESOLUTION NO. .~4-90 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Staff provided Council with a revised Exhibit "A"o Councilman Hallett moved to pass the Resolution as read by title. Councilman Cornell seconded the motion. Director of Public Works Pittis noted the original list contained 17 property owners. The revised list reflects a decrease of three properties. Councilman Wight asked for clarification as to the content of the Ordinance governing public nuisances and a requirement of two written complaints. Attorney Knutson replied that only the nuisance category that applies to properties with junk, litter, and refuse requires two or more written complaints by citizens. After limited discussion, the motion was voted on and carried unanimously. 7. Consideration of Purchasing Liability Excess Insurance and Property Insurance for City Facilities Risk Manager Jones stated there are two significant portions of this consideration, one being property insurance, the other being general liability excess coverage. The Risk Manager has asked Council to consider purchasing liability excess insurance as part of its Self-Insurance Program, as currently there is no liability insurance for the City. Every few years the Risk Management Office brings this issue before the City Council for discussion to determine whether liability insurance is affordable or desired by the Council. Also, the Risk Manager needs direction as to whether the City wishes to remain totally self-insured without excess liability coverage. With respect to property insurance, it is recommended that the City Council authorize the purchase of property insurance as the only insurance currently held is on the Pool, City Hall, and the Vern Burton Memorial Community Center. It is recommended that quotes be finalized for property insurance for all City properties, excluding the Landfill and bridges, for consideration by the Council at the next regular meeting. Lengthy discussion followed with regard to obtaining the services of an insurance broker and whether it would be advisable to solicit more than one broker for a bid for professional services. If an agreement were entered into with the broker referenced, Callis Insurance, Councilman Hallett raised the question as to whether the agreement would address such matters as liability and stipulations to protect the City. Attorney Knutson agreed that such an agreement would be desirable. After further discussion, it was agreed that basically any broker would be approaching the same insurance companies for identical coverage. The reason for selecting Callis Insurance as a broker is to support local business and to fairly distribute the City's insurance business ventures. Councilman Hallett moved to authorize the Risk Manager to execute an agreement with the insurance broker, Callis Insurance, for professional services, and directed staff to prepare a contract for the September lgth Council meeting for consideration of the purchase of property insurance, with the stipulation that the City Attorney be given the opportunity to address appropriate issues to become a part of the agreement. Councilman Wight seconded the motion, ~ich carried unanimously. It was agreed the liability excess will require far more time and consideration, due to its complex nature, expense, and policy charge. Councilman Cornell inquired as to ~ether the Library, as a structure, is included in the property insurance. Risk Manager Jones will pursue this matter for an answer. -6- 1692 CITY COUNCIL MEETING September 4, 1990 8. Request from BIG BROTHERS/BIG SISTERS for Office Space to be Made Available to Them in old City Hall; and a Request From HOSPICE to Store Equipment in the City-Owned House at 416 South Peabody Councilman Hallett moved to refer both matters to the Real Estate Committee. Councilman Nicholson seconded the motion, which carried unanimously. At this time, the next meeting of the Real Estate Committee was set for Thursday, September 13, 1990, at 5:00 P.M. Councilman Wight stated he would be unable to attend this meeting; - therefore, Mayor Sargent requested Councilman Cornell to substitute for Councilman Wight. Councilman Cornell concurred. XIII CITY COUNCIL COMMITTEE REPORTS/LATE ITEMS None. XIV ADJOURN TO EXECUTIVE SESSION Before adjourning to executive session, Mayor Sargent recessed the meeting for a break at 8:30 P.M. The meeting reconvened and adjourned to executive session at approximately 9:00 P.M., to discuss matters of litigation, approximately ten minutes in length. XV RETURN TO OPEN SESSION The meeting returned to open session at approximately 9:15 P.M. XVI ADJOURNMENT A motion for adjournment was made, seconded, and carried unanimously. The meeting adjourned at approximately 9:17 P.M. C 1~ rk-- q--C.~ ~or ' 0 CC.174 -7-