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.
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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.
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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 $283,462.10. Councilman Wight seconded the motion.
Following discussion of some of the items as presented, the motion was
voted on and carried unanimously.
XI ITEMS FROM THE COUNCIL/AUDIENCE TO BE CONSIDERED/PLACED ON THE AGENDA
Councilman Ostrowski stated that, as the City Council representative on
the Clallam Transit Authority Board, he will be attending the Washington
State Transportation Conference in Tacoma the next two days, and he
requested he be excused from the remainder of this meeting in order to
leave town. Councilman Ostrowski then departed the meeting.
Mayor Sargent introduced the subject of the need to have a committee
appointed for recognition for retiring Councilmembers. Over the years,
various retired employees and other officials have been recognized, yet
it seems that City Councilmembers are not given appropriate recognition.
After limited discussion, Councilman Hallett moved that the Memorial
Committee be assigned the duty of determining appropriate recognition for
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CITY COUNCIL MEETING
September 4, 1990
retiring or resigning Councilmember$. 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
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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
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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.
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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.
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