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HomeMy WebLinkAboutMinutes 12/18/1990 1767 CITY COUNCIL MEETING Port Angeles, Washington December 18, 1990 I CALL TO ORDER - SPECIAL MEETING Mayor Sargent called the special meeting of the Port Angeles City Council to order at 6:05 P.M. II ROLL CALL Members Present: Mayor Sargent, Councilmen Cornell, Hallett, Lemon, Nicholson (arrived 7:10 P.M.), Ostrowski (arrived 6:20 P.M.), Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, M. Cleland, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Coons, S. Hursh, J. Abram. Public Present: E. Hansen, C. Alexander, J. Bondy. III ADJOURN TO EXECUTIVE SESSION Mayor Sargent adjourned the meeting to executive session at approximately 6:06 P.M. to discuss labor negotiations and litigation for approximately one hour. IV RETURN TO OPEN SESSION The Council returned to open session at approximately 7:05 P.M. V UNVEILING OF PICTURES OF CITY COUNCILS PRESENTATION BY HARRIET FISH Mayor Sargent unveiled a variety of pictures of previous City Councils having served the City of Port Angeles. The photos had been stored in City Hall and were recently framed and mounted at City Hall by the City's 100th Birthday Celebration Committee. Subsequently a presentation was made to the City Council by Harriet U. Fish wherein Ms. Fish presented the fourth issue of Fish Tales of Port Angeles, which was compiled for the Port Angeles 1990 Centennial celebration. Ms. Fish presented complimentary copies to members of City Council and staff. VI CALL TO ORDER - REGULAR MEETING The regular meeting was called to order by Mayor Sargent at approximately 7:10 P.M. VII PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Sargent. At this time, "Robbie" was introduced to members of Council and the audience by Fire Marshal Bruce Becker. "Robbie" is a robotic tool used in educational demonstrations by the Fire Department for the youth of the City. "Robbie" was obtained via a grant from the Northwest Burn Foundation and has already proved helpful in educating children in a non-intimidating environment. Fireman Jeff Abram assisted in the demonstration by exhibiting "Robbie~s'' capabilities and audio talents. VIII APPROVAL OF MINUTES OF DECEMBER 4, 1990, REGULAR MEETING, AND SPECIAL MEETINGS OF NOVEMBER, DECEMBER 1 AND 11, 1990 Councilman Ostrowski moved to approve the minutes of the regular meeting of December 4, 1990, and the special meetings of November, December 1, and December 11, 1990, as presented. The motion was seconded by Councilman Cornell. Councilman Cornell offered a correction to the minutes of November 30, page 2, paragraph 3, wherein reference is made to "Councilman Cornell was interested -1- 1768 CITY COUNCIL MEETING December 18, 1990 in considering the funding of the Fire Department increase via the moneys in reserve." "Moneys in reserve" should be changed to read General Fund. Mayor Sargent referenced the minutes of December 4, 1990, page 5, second to the last paragraph: During the testimony offered by Robbie Mantooth, the minutes should reflect Ms. Mantooth is a County resident. A vote was taken on the motion, which carried unanimously, approving the minutes as corrected. IX FINANCE 1. Request for progress payment to Hoch Construction of $15,201.04 and retainage of $739.35 for reroof of City Light Building Councilman Wight requested that future progress payment requests be inclusive of the total contract amount and the percentage of completion to date. City Light Engineering Manager Steve Hursh noted this contract is approximately 98% complete; the original contract amount was approximately $50,000. A motion was made by Councilman Hallett and seconded by Councilman Nicholson to authorize the progress payment to Hoch Construction for the reroof of the City Light Operations Building in the amount of $15,201.04 with retainage to escrow of $739.35. A vote was taken on the motion, which carried unanimously. 2. Request for progress payment to AA Painting of $7~411.42 and retainage of $390.07 for painting of street light standards A motion was made by Councilman Nicholson and seconded by Councilman Ostrowski to authorize the progress payment to AA Painting for painting of the street light standards in the amount of $7,411.42 with retainage to escrow of $390.07. City Light Engineering Manager Hursh reported this particular contract is 100% complete. A vote was taken on the motion, which carried unanimously. X CONSENT AGENDA Councilman Cornell moved to accept the items as presented on the Consent Agenda, including: (1) Setting a public hearing of January 15, 1991, for Appeal of Conditional Use Permit (CUP-88(09)18 HO - Williams) - extension granted by Administrative Hearings officer; (2) Correspondence from Washington State Liquor Control Board; and (3) Vouchers of $347,808.50. The motion was seconded by Councilman Hallett. Following discussion of some of the items as presented, the motion was voted on and carried unanimously. IX ITEMS FROM THE COUNCIL/AUDIENCE TO BE CONSIDERED/PLACED ON THE AGENDA Mayor Sargent offered as Item 11 on the Agenda, Consideration of a labor agreement between the City of Port Angeles and the International Association of Firefighters Local #656. Mayor Sargent added as Item 12, Discussion on Second Street/Peabody Creek RV Park Bridge repairs. XII LEGISLATION 1. Presentation/Status Report on cable television by 3H Cable Communication Consultants Mayor Sargent reported 3H Cable Communications had contacted the City earlier and requested they be excused from this meeting due to weather conditions. Attorney Knutson indicated the consultant has requested this matter be rescheduled for the January 2, 1991, Council meeting. Attorney Knutson noted there was an article recently published in the local newspaper about an FCC proposal to change regulations to give cities a better opportunity to return to the rate regulation arena. The consultant should be able to provide more details at the January 2nd meeting as to specifics '2- 1769 CITY COUNCIL MEETING December 18, 1990 pertinent to the FCC proposal. Attorney Knutson indicated the cable companies may be expanding the number of off-air signals necessary in order to meet the effective competition standard. Further, the burden may be placed on the cable companies to avoid regulation rather than cities having to obtain a waiver to get into rate regulation. Information available indicates the FCC is looking toward the end of the first quarter of 1991 to act upon this proposed regulation. Mayor Sargent indicated she receives a number of calls where citizens are upset with the rates being charged and the fact there will be another increase in January. Attorney Knutson requested that any questions Councilmembers may have should be directed to his attention so he can forward them to the consultant prior to the January 2nd meeting. Councilman Wight referenced some GAO reports on cable costs nationwide wherein the inference is made that companies use the rate comparison information as a ploy to consolidate their ranks and escalate price increases in a "dog chasing its tail" scenario. He asked that the consultants address this matter in their report. Councilman Hallett, in referencing previous discussions at the Utility Advisory Committee, queried as to whether the City has the criteria which would allow rate regulation in the absence of effective competition. Attorney Knutson responded that the course of action the City has chosen was to proceed toward obtaining a waiver. However, under federal law the City must first attempt to negotiate an acceptable rate schedule before moving on to the next step, which would be a hearing before the FCC. In order to establish a case before the FCC, studies would have to be conducted to determine whether the effective competition standard is being met in Port Angeles. Such studies have not yet been conducted. Attorney Knutson indicated the consultant will address the status of the referenced negotiations. City Council would need to determine its level of satisfaction with the negotiations before proceeding with the waiver process. Additionally, the proposed FCC regulations may have a direct bearing on how the City chooses to pursue the matter. Councilman Lemon indicated the Utility Advisory Committee had previously reviewed a price structure not nearly as high as that being presented at this time. He noted the rates have drastically increased nationwide over the past several years. Attorney Knutson indicated this is also a matter to be addressed by the consultant. Councilman Hallett directed attention to a copy of a letter from the Rector of St. Andrew's Episcopal Church soliciting the assistance of City Council in adding a non-denominational religious channel without additional charge. The Church had communicated this request to Northland Cable via a petition of over thirty-five signatures. In that no other Councilmembers had received a copy of the letter, the City Clerk was directed to forward copies to all Council- members for review. Attorney Knutson offered to conduct research as to whether this matter should be directed to the Utility Advisory Committee for consideration. 2. PUBLIC HEARINGS MEDIC I RATE INCREASE: Consideration of raising the Medic I rate to $2.00 per month Mayor Sargent introduced for consideration the proposed rate increase in Medic I from $1.50 to $2.00 per month. The Mayor opened the public hearing at 7:45 P.M. In that no testimony was offered, the hearing was closed at 7:46 P.M. Fire Chief Glenn reviewed the history of the charge structure for the Medic I program with the most recent change occurring in 1986, at which time the rate was increased from $1.30 to $1.50 per month. Also, in response to an inquiry from Councilman Ostrowski, Chief Glenn discussed the transport protocols as set forth by advanced life support versus basic life support scenarios. He noted all ambulance runs are thoroughly reviewed on a monthly basis by the medical director to assure compliance with the established protocols. Councilmembers addressed the proposed increase, expressing confidence that the increase is justified in order to maintain the excellent level of service to the community. A question was raised as to when the Medic I Advisory Board will address the matter of the apartment buildings and associated billing procedures. Chief Glenn responded the Advisory Board will meet in January and forward a -3- 1770 CITY COUNCIL MEETING December 18, 1990 recommendation to the City Council in February. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2619 AN ORDINANCE of the City of Port Angeles, Washington, increasing the monthly utility account charge for the Medic I Program and amending Ordinance No. 2274 and Chapter 8.36 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Nicholson. There being no further discussion, the motion was voted on and carried unanimously. 3. PUBLIC HEARING PLANNING STREET VACATION REQUEST - STV-90(07)03 - PRIEST, ET AL. Portion of East First Street: Request for vacation of City right-of-way east of Alder Street Mayor Sargent introduced the issue of whether City Council should consider vacation of a portion of East First Street east of Alder Street. The Mayor opened the public hearing at 7:55 P.M. Julie Bondy, Planning Director of NTI Associates, 717 South Peabody, addressed Council as a representative of the proponent, Priest, et al, indicating the requested street vacation had received a favorable recommendation from the Planning Commission. Ms. Bondy expressed her concern that the Washington State Department of Transportation had not yet responded to Public Worksv request of May, 1990, for approval of the vacation. However, Ms. Bondy contacted WSDOT of her own volition and received a FAXed response of approval this morning. An appraised value has not been established as of this date, yet Ms. Bondy urged CouncilVs approval of the vacation, conditioned upon the forthcoming appraisal and determination of cost. She indicated a denial without prejudice is not acceptable to the proponent. Ms. Bondy expressed the opinion that it is obvious the State has no problem with the vacation as proposed and, therefore, the matter should not be delayed any further. In response to an inquiry from Councilman Cornell, Planning Director Collins indicated the staff had recommended deferring the matter pending input from the State. The Planning Commission decided to proceed. The recommendation for denial without prejudice was made in order to abide by certain RCWs requiring action on street vacations in a specified period of time. It was intended that once the needed information was obtained the matter would be returned to Council for final action. In addition, Director Collins noted an ordinance on this vacation has not been drafted and an error in the legal description is in need of correction. Attorney Knutson clarified the matter of denial without prejudice in that a new petition would be required with no fee being charged. The matter need not return to the Planning Commission; however, City Council would need to pass a resolution establishing another hearing date. In response to an inquiry from Councilman Wight as to the possibility of continuing this hearing, Attorney Knutson indicated the State statute requires action on the petition within twenty to sixty days after the resolution setting the public hearing is passed. However, in further considering the possibility, Councilman Wight urged continuation to the January 2, 1991, Council meeting in that the required action must be taken before January 10, 1991. Attorney Knutson indicated the process must be initiated again due to the error in the legal description, at which time Ms. Bondy responded NTI had altered the legal description at the request of Public Works, and now there appears to be another change, which is characteristic of the process since the onset. Ms. Bondy expressed her dissatisfaction with the entire process throughout and she suggested an alternative of the proponent requesting an extension in order to address the problem areas cited by the City. Councilmembers requested clarification as to how the matter progressed and where certain responsibilities might not have been fulfilled. Lengthy discussion followed, with the question raised as to whether the vacation could be approved subject to a corrected legal description and an appraised value. -4- 1771 CITY COUNCIL MEETING December 18, 1990 Attorney Knutson responded it is necessary to prepare an ordinance with the correct legal description before passage. The right-of-way requested for vacation is vested in the City of Port Angeles but was purchased by the State and, therefore, the State would receive all funds by this action. The appraisal must be provided by the State, as well. Considerable discussion was held as to possible options available in addressing this matter in a positive fashion. Ms. Bondy was receptive to a continuation of the hearing to January 2, 1991, and expressed her wish that every effort be made to obtain all pertinent information necessary for the approval of the street vacation at that time. A motion was made by Councilman Hallett and seconded by Councilman Wight to continue the hearing to the January 2, 1991, meeting of the City Council. A vote was taken on the motion which carried unanimously. 4. Planning Commission minutes of December 12, 1990 Mayor Sargent addressed the matter of the annexation request - ANX-90(10)i Freeman, South Albert, wherein it is necessary to set a date for a public hearing. A motion was made by Councilman Lemon and seconded by Councilman Ostrowski to set a public hearing on the above-referenced annexation request for January 2, 1991. A vote was taken on the motion, which carried unanimously. Brief discussion was held concerning Councilman Lemon's intentions concerning the Housing Advisory Committee. He indicated he has contacted certain individuals interested in serving on the committee, which he foresees as serving on an ad hoc basis only and not as an advisory committee to the Planning Commission. It is his hope the committee can formulate a recommendation for Council consideration in the very near future. Acceptance of Minutes Councilman Cornell moved to accept and place on file the Planning Commission minutes of December 12, 1990. The motion was seconded by Councilman Hallett and carried unanimously. BREAK Mayor Sargent recessed the Council meeting for a break at 8:35 P.M. The meeting reconvened at 8:55 P.M. 5. Consideration of adoption of the 1991-92 City of Port Angeles Biennia] Budget and amending 1990 Budget Mayor Sargent presented for consideration the adoption of the 1991-92 City of Port Angeles Biennial Budget and 1990 Budget amendments. The Mayor then read the Ordinance by title, entitled ORDINANCE NO. 2620 AN ORDINANCE of the City of Port Angeles revising the Budget for the fiscal biennium ending December 31, 1990, amending Section 2 of Ordinance 2516, and approving and adopting the Budget for the City of Port Angeles for the fiscal biennium ending December 31, 1992. " Councilman Hallett moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Wight. Manager Pomeranz asked Administrative Services Director Godbey to review changes made in the budget. Director Godbey indicated the costs for the consolidated dispatch had not been included in the budget, a matter which is necessary on the part of the City since it is serving as the lead agency. The expenditure increase in this regard, in the amount of $324,453, is offset by various revenue sources totaling $177,626. The net effect is an increase of approximately $100,000. Further, Director Godbey reviewed other changes: $15,000 to Administrative Services for PCs, printers and software; $5,000 to the Fire Department for radio station start-up costs; $15,000 for the Senior Center architect; $2,500 to the Chamber of Commerce for 4th of July fireworks; and $8,500 for the City/School -5- 1772 CITY COUNCIL MEETING December 18, 1990 tennis courts. The tennis court costs will be amortized over a period of seven (7) years at 8%. Non-departmental changes involve $8,200 for principal and interest to the Light Fund; $3,891 for Clallam County Health Services; and $6,000 for the Public Information Program. The budget provides for a $67,931 deficit in the General Fund in 1991, which will be funded out of reserves. Police Chief Cleland responded to an inquiry from Councilman Wight with regard to consolidated dispatch. Chief Cleland indicated significant savings will be realized once Sequim and Fire District 3 are part of the program. Mayor Sargent addressed the deficit by reminding Councilmembers consideration will be given to increasing certain fee structures as addressed in the budget work sessions. Councilman Cornell indicated he does not wish to see the budget adopted as presented, based largely on concern over the number of additions and the fact a deficit is reflected. He reviewed the various revenue increases documented in the budget which, in his opinion, do not keep pace with the CPI. Councilman Hallett indicated that budget cuts cannot be made without specific recommendations and associated justification of those cuts. Discussion followed, with Councilman Cornell noting it should be possible to balance the budget before year-end if such a commitment is made. Councilman Hallett indicated his comfort with the budget as presented, due to the number of one-time expenses which will not be recurring and the conservative nature of the projected revenues. He felt it to be a very responsible budget, in light of the commitment to be fiscally conservative. Councilman Lemon related his concern with the budget, the unfunded CIP and the present nature of the economy as it relates to the CityVs spending. Councilman Wight expressed his support of the budget with the prospect there may be increased revenues beyond those reflected in the budget. It was his opinion the City Manager had been extremely conservative in budgeting revenues for 1991. Councilman Hallett commented the deficit amount represents less than 1 percent of the total budget, which is very good. Mayor Sargent felt the figures presented were much more realistic than those presented in previous budget years. Council conplimented staff with the budget format and presentation. After further discussion a vote was taken on the motion which carried by a majority vote, with Councilmen Cornell and Lemon voting in opposition. In the ensuing discussion, Councilmembers agreed it would be valuable to receive quarterly financial reports in order to monitor the budget performance. City Manager Pomeranz agreed it is essential to receive accurate and timely reports in this regard. Monthly reports will be available in City Hall should Councilmembers wish to review those documents. 6. Consideration of ordinance setting 6% Utility Tax Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2621 AN ORDINANCE of the City of Port Angeles, Washington, establishing a uniform tax for public utilities within the City, repealing Section 3 of Ordinance 2126 and Chapter 3.60 PA_MC, and amending Ordinance 2183 and PAMC 5.80.040. A motion was made by Councilman Cornell and seconded by Councilman Wight to adopt the Ordinance as read by title. After limited discussion, a vote was taken on the motion which carried unanimously. 7. Consideration of modification to Cardboard Recycling Contract Extension of the Cardboard Recycling Contract with the Port Angeles Recycling Team was brought before Council, due to the need to have this service continued pending an outcome of the curbside recycling contract. It is the recommendation of the Public Works Department that the extension be approved to maintain as -6- 1773 CITY COUNCIL MEETING December 18, 1990 much stability as possible in the recycling effort. A motion was made by Councilman Hallett and seconded by Councilman Ostrowski authorizing the Mayor to sign the revised contract with the Port Angeles Recycling Team, extending the current contract to April 1, 1991. A vote was taken on the motion which carried unanimously. 8. Request for authorization for Mayor to sign contract for Disaster Assistance Mayor Sargent reviewed information pertinent to the proposed contract with the Department of Community Development for disaster assistance in helping pay for storm damage that occurred in the City during the month of November. Councilman Wight inquired as to the time frame in terms of receiving this assistance. Public Works Director Pittis indicated the response in the form of financial assistance is tied directly to when the inspectors arrive in Port Angeles. Hopefully, the inspectors will arrive in the next two week time frame. In addition, Director Pittis offered clarification in that it has been published that private citizens are ineligible to receive such assistance. On the contrary, private citizens are, in fact, eligible and should contact the County to receive information as to the proper procedures to be followed in the application process. A motion was made by Councilman Ostrowski and seconded by Councilman Nicholson authorizing the Mayor to sign the contract for disaster assistance with the Department of Community Development and designating the Deputy Director of Public Works, Ken Ridout, as the City's agent. A vote was taken on the motion which carried unanimously. 9. Request to set a Utility Advisory Committee (UAC) meeting to discuss adjustment to electrical rate schedule to allow time-of-day meters A request was submitted by City Light to set a meeting of the Utility Advisory Committee in order to discuss adjustments to the electrical rate schedule to allow time-of-day meters. Accordingly, a meeting was set for Monday, January 7, 1991, 4:30 P.M. 10. Consideration of designation of Sole Sources for Emergency Dispatch and Consolidated Records Computer and Software Presented for Council consideration was the request for Council adoption of a Resolution designating sole sources for acquisition of an additional computer and software for combined emergency dispatch and record services. This request is necessary in order to maintain compatibility with already existing equipment. In responding to an inquiry as to the impact of this system on discussions taking place at the Data Processing Steering Committee, City Manager Pomeranz indicated the integrated finance system will be completely separate and distinct from the dispatch system. Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 31-90 A RESOLUTION of the City Council of the City of Port Angeles designating the IBM Corporation as the sole source for acquisition of an additional central processing unit (CPU) and Diversified Computer Systems as the sole source for software to be operated in conjunction with the County's existing computerized system and declaring an exception to normal bidding procedures. Councilman Hallett moved to approve the resolution as read by title. The motion was seconded by Councilman Nicholson and carried unanimously. -7- 1774 CITY COUNCIL MEETING December 18, 1990 1!.. Approve 1991-1993 Labor Agreement with IAFF Local ~656 and adopt and establish pay plan The City recently completed negotiations with the International Association of Firefighters Local #656 and presented for Council consideration was the proposed labor contract and salary ordinance implementing a wage increase. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2622 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by IAFF Local #656 for the period of January 1, 1991, through - December 31, 1993, and providing for the payment thereof. Councilman Hallett moved to adopt the ordinance as read by title. The motion was seconded by Councilman Cornell and carried unanimously. Clerk's Note: Council returned to this matter later in the meeting after realizing it failed to take formal action on the labor contract. Accordingly, a motion was made by Councilman Cornell and seconded by Councilman Hallett to approve the labor contract with IAFFLocal #656 as presented. A vote was taken on the motion which carried unanimously. 12. Peabody Creek RV Park Bridge Damage discussion Mayor Sargent referenced a letter directed to the City Council from the owner of the Peabody Creek RV Park, Pat McDonagh, concerning needed bridge repairs which are required because of November storm damage. The bridge now has a load limit of 3 tons until the time repairs can be accomplished, which restricts ingress of fire and aid vehicles. Public Works Director Pittis provided a status report on planned bridge repairs, noting the City had initially placed a temporary midspan support under the bridge which allowed the bridge to maintain the traffic load it was capable of servicing. During the last storm, however, the midspan support was entirely displaced. The City cannot replace the support until the time the water and weather conditions are such that the work can be accomplished safely. It is realized the timing for the property owner is difficult, but weather conditions will dictate the repairs. Director Pittis continued that daily inspections of the bridge are conducted and Ms. McDonagh has been advised of the repair status as late as yesterday. Once repairs are initiated, the bridge will be completely out for a period of time. Emergency repairs thus far will be partially funded by FEMA, and the subsequent total reconstruction, if determined eligible, would be reimbursed at 87.5% by combination State and FEMA funds. Estimated reconstruction costs approximate $50,000. Manager Pomeranz and Director Pittis will meet with Ms. McDonagh and further clarify the status of the matter. XIII CITY COUNCIL COMMITTEE REPORTS/LATE ITEMS Councilman Lemon briefly addressed the subject of the collection containers for Solid Waste and the possibility of decreasing the size of containers provided the citizens. He inquired as to the possibility of encouraging as much recycling as possible by the use of a smaller collection container. Public Works Director Pittis indicated there are some difficulties experienced in emptying smaller containers; however, he will conduct a study in this regard. Councilman Hallett referenced the update on the Comprehensive Plan and the Advisory Committee survey results. Planning Director Collins clarified the numbers submitted in the Committee report represent the method the Comprehensive Plan Advisory Committee utilized in organizing the priorities and issues they wish to deal with in the Comprehensive Plan update. Brief discussion was held concerning the Glaubert and Austin cease and desist order. -8- 1775 CITY COUNCIL MEETING December 18, 1990 XIV RECONVENE EXECUTIVE SESSION (if necessary) It was not necessary to reconvene the executive session. XV AD3OURNMENT The meeting adjourned at approximately 9:55 P.M. CC.196 -9-