REGULAR CITY COUNCIL MEETING MINUTES JANUARY

Transcription

1 Call to Order: Mayor Veitz called the Regular City Council meeting to order at 6:01 PM, at the Ocean Shores Convention Center. Council present: Mayor Veitz, Councilmembers Estes, Creighton, Jordan, and Vela. City Staff present: City Manager David Weiser, City Attorney Jo-Ellen Thomas, Fire Chief Jim Hodges, Librarian Judy Stull, City Planner Patricia Smith, Director of Tourism and Development Ken Mercer, and City Clerk Diane Houston. Other presenters: Jerry Ward with Ocean Shores Aquarium LLC. Flag Salute: Mayor Veitz led the flag salute. Ceremonies and Proclamations: Announcements: None. Fire Chief Hodges announced that Brian Ritter successfully completed the twelve-month probationary period for Firefighter/Paramedic. Mayor Veitz announced vacancies on the Library Board and Planning Commission. Appointments: Council Reports: None. None. City Manager s Report: Dave Weiser reported that he has been receiving letters and phone calls from citizens regarding the unsatisfactory road conditions. He is researching which roads to repair and what the budget will permit to be repaired. Mr. Weiser reported that there was an auto collision with the North Bay Park fence. Mr. Weiser reported on the convention center construction progress. Mr. Weiser reported that he met with Allison Daily Norm Dicks administrative aid to discuss the jetty repair. He reported that the jetty repairs would be taken care of. Mr. Weiser reported that gravel would be spread this week at the Ocean Shores Elks property for the Radio Station access. Other Reports: Ocean Shores Aquarium/Water Park Project Update. Jerry Ward presented an update on the Water Park. He made reference to the North Coast News article regarding him. He commented that he would pay for the Weatherwax property delineation but the cost should be deducted from the property sale amount. Mr. Ward commented that he would be back in two weeks. There was public comment regarding the aquarium/water park project Regular Meeting Page 1 of 7

2 Consent Agenda: Tape 1, #744 - Councilmember Creighton made the motion to approve the Consent Agenda as presented. Councilmember Vela Councilmember Jordan asked to have it noted on the record that his action will not include anything to do with the December 28 th Special City Council meeting as he was not present. The Consent Agenda included: 1. Approval of Minutes for the Regular City Council Meeting on December 13, 2004, and Special City Council Meeting on December 28, Approval of Claim Warrants: #49577 through #49593 in the amount of $14, dated this 27 th day of December Approval of Claim Warrants: #49594 through in the amount of $2,181, dated the 10 th day of January Approval of Treasurer Checks: #8683 through #8750, and Wires # through # in the amount of $521, for November Approval of Treasurer Checks: #8751 through #8781 and Wires # through # in the amount of $1,247, Public Communication: Lillian Broadbent expressed her appreciation for the Ocean Shores Police help and concern during the robberies. Mrs. Broadbent expressed her concerns and disappointment with the Ward aquarium project. Council should give consideration to whether to continue with the project agreement. Diane Beckley commented that she agrees with Ms. Broadbent and that more thought should be given before granting an extension. Jim Marks expressed his appreciation for the OS Paramedics during his recent medical emergency. Old Council : Ordinance No: NB Elementary School Zoning An Ordinance of the City Council of the City of Ocean Shores, Washington, designating the zoning classification of certain property located at 300 Mount Olympus Avenue SE, Ocean Shores, Washington as R-1 Single Family Residential. Patricia Smith gave the second reading of the Ordinance by title. There was no Council discussion. Tape 1, # Councilmember Estes made the motion to adopt the Findings of Fact, Conclusion of Law, and the proposed zoning Ordinance as presented. Councilmember Creighton Regular Meeting Page 2 of 7

3 Old Council Heart Monitors A Request for City Council approval to award the bid for heart monitors to the low bidder Zoll Medical Corporation in the amount of $55, The heart monitors are funded through FEMA/Homeland Security Assistance Grant. Jim Hodges presented the request for Council approval to award the low bid to Zoll Medical Corporation in the amount of $55, for the heart monitors. The monitors are funded through the FEMA Homeland Security Assistance Grant. There was no Council discussion. Tape 1, # Councilmember Creighton made the motion to approve the Request as presented. Councilmember Estes Day Wireless Systems A Request for City Council approval to award the bid for Mobile Data Network components to the low bidder Day Wireless Systems in the amount of $227, The mobile network is funded through FEMA/Homeland Security Assistance Grant. Jim Hodges presented the request to award the low bid to Day Wireless Systems for the mobile data network components for the 911 Center. The equipment is also funded through the FEMA grant. There was no Council discussion. Tape 1, # Councilmember Creighton made the motion to approve the Request as presented. Councilmember Vela Sole Source Purchase from Northrup Grumman A Request for City Council approval to award a Sole Source Purchase for Mobile Data System Software through Northrup Grumman. The purchase is in the amount of $181, funded through FEMA/Homeland Security Assistance Grant. Jim Hodges presented the request for Council approval to sole source the purchase of the mobile data system software from Northrup Grumman. The software is also funded through the FEMA grant. There was Council discussion that the City Attorney did not approve the purchase request and the total cost. Tape 1, # Councilmember Estes made the motion to approve the Request. Councilmember Creighton seconded the motion Regular Meeting Page 3 of 7

4 Old Council Ocean Shores Aquarium, LLC Purchase and Sales Extension A Request for City Council approval to extend the Purchase and Sales Agreement with Ocean Shores Aquarium, LLC. Dave Weiser presented the request to extend the Purchase and Sale Agreement. He commented that the City met their obligation in the original agreement, and the Weatherwax wetland issue is an additional obligation. The last extension was to allow time for the permitting process. Mr. Weiser requested Council extend the Agreement with a reasonable time certain deadline. Jo-Ellen Thomas stated that it is important set a timeline and recommended ninety days or less for the proposed extension. There was Council discussion regarding: Approving an extension for forty-five days. Concern that the project has significantly changed from the original signed agreement. A fresh look should be immediately taken regarding the project if a new Purchase and Sale Agreement is significantly altered from the Project that the City is contractually obligated. The aquarium has not been mentioned as part of the current intended project. The timeline for the Weatherwax delineation. Okay with a sixty to ninety day extension. The citizens would like to see the Weatherwax property preserved. Complete the new contract and delineation in ninety days and finalize the project. See the new scope of work before agreeing to an extension, as the new proposed project may not be acceptable. Mr. Ward is paying $2.1 million for the property. The length of time for Ms. Thomas to review and make recommendations to the new Agreement. A week was suggested after receiving it from Mr. Ward s attorneys. The scope of work should be spelled out in the contract. Tape 1, # Councilmember Jordan made the motion to approve the request to extend the Purchase and Sale Agreement with Ocean Shores Aquarium LLC., for a period not to exceed forty-five (45) days. Councilmember Creighton There was discussion regarding the timing. The forty-five days would begin at the end of the current agreement, January 25, Mayor Veitz recessed the Regular City Council meeting at 7:03 PM. Mayor Veitz reconvened the Regular City Council Meeting at 7:12 PM. New Council : Convention Center Piano A Request for City Council approval of an Agreement with Associated Arts to lend a piano to the Convention Center. Ken Mercer commented that Associated Arts made a generous offer to donate a piano to the Convention Center. The contract is not available at this time Regular Meeting Page 4 of 7

5 New Council Convention Center Piano Jo-Ellen Thomas commented that Mr. Sage is in the process of making the suggested changes to the contract. There was Council discussion to approve this request pursuant to the City Attorney s approval. Tape 1, # Councilmember Jordan made the motion to approve the Request as presented pursuant to a positive review by the City Attorney. Councilmember Vela seconded the motion. City Council Retreat Schedule A Request for Council discussion and decision to schedule the 2005 City Council Retreat and set retreat topics. Mr. Weiser opened the discussion for the scheduling of the 2005 Council retreat. There was Council consensus to schelude the Council Retreat for Tuesday, February 22, There was Council discussion to include Carrillo repayment funding, roads, streets, Oyehut and Illahee sewers, North Beach water and sewer possibility, burning ordinance, critical areas ordinance, convention center, combing utilities, city facilities complex, discuss downtown revitalization separately getting citizens and Planning Commissioners input; and the Planning Commission reports to the City Manager not the City Council. There was Council consensus to discuss the following topics at the Retreat: Roads and streets Oyehut/Illahee sewer project North Beach water and sewer prospect Update on previous Council requests not completed Lyda Agreement for Court Training A Request for Council approval of a Professional Services Agreement with Barb Lyda to provide completion of Court Administrator training. David Weiser presented the request for an Agreement with Barb Lyda to continue Court Administrator training as required. There was Council discussion regarding an expiration date for the Agreement. Tape 1, # Councilmember Estes made the motion to accept the Professional Service Agreement with an expiration date of December 31, Councilmember Jordan seconded the motion. Grays Harbor PUD Easement for Electric Service To Cingular A Request for Council to approve an easement to allow Grays Harbor PUD to install and maintain facilities and provide electrical service to the Cingular tower. David Weiser presented the request for an easement for electrical service with Grays Harbor PUD Regular Meeting Page 5 of 7

6 New Council Grays Harbor PUD There was Council discussion that the electrical should be installed underground not overhead. Tape 1, # Councilmember Jordan made the motion to approve the Request for an easement with the stipulation that this be an underground installation. Councilmember Estes LeMay, Inc. Solid Waste Collection Rate Increase A Request for Council approval for LeMay, Inc. to increase the rates for solid waste collection in Ocean Shores. David Weiser presented the request to increase the garbage collection rate with LeMay, Inc. Jo-Ellen Thomas expressed concerns regarding the two automatic, two-year extensions, a six-month advance notice is required to terminate the agreement, and that a performance bond has not been provided to her knowledge. There was Council discussion to consider a straight five-year contract without automatic extensions, a performance bond requirement, and LeMay has a five-year record of performance with the City so maybe a bond is not necessary to guarantee their work. Tape 2, #170 - Councilmember Jordan made the motion to approve the request with the change in Exhibit A to read fiveyears. And the City Attorney s acceptance of the performance bond as it reads in the entire franchise agreement. Councilmember Creighton Convention Center Change Orders A Request for Council approval of a Change Order to the Convention Center construction project. David Weiser presented the change order proposals (COP) to the City Council. Mr. Weiser commented that the roofing contractor offered to provide the Sarnafil roof in white originally the color was earthtone, with a ten-year rather than the original twenty-year guarantee for an additional $12,725. The suggested COPs resulted in a savings of $234, There was Council discussion regarding the preference of a twenty-year roof guarantee which is why a Sarnafil roof was originally preferred, why the change orders are before Council, do not want the project progress to stop for Council approval of small change orders, City Manager previously given the authority to approve change orders up to 10% of the project cost, no more delays, make up the current twenty-five day delay, and the liability of the person causing the delays. Mr. Weiser commented that he would inquire about extending the roof guarantee to twenty-years and the cost for the extending the guarantee. There was Council consensus for the City Manager to sign the appropriate change order Regular Meeting Page 6 of 7

7 Tape 2, #961 - Councilmember Creighton made the motion to recess the Regular City Council Meeting and convene into the Executive Session. Councilmember Vela seconded the motion. Executive Session: Mayor Veitz recessed the Regular City Council Meeting at 8:12 PM to go into the Executive Session to discuss with legal counsel pending litigation and to review the negotiations of two contracts for public employees. Mayor Veitz announced that the length of the Executive Session would be approximately thirty minutes. Mayor Veitz called the Executive Session to order at 8:20 PM. Mayor Veitz adjourned the Executive Session and reconvened into the Regular City Council Meeting at 8:50 PM. No Council action was taken. Adjourn: Mayor Veitz adjourned the Regular City Council Meeting at 8:51 PM. Signed: Attest: Terry Veitz, Mayor Diane J. Houston, CMC City Clerk Regular Meeting Page 7 of 7