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HomeMy WebLinkAboutMinutes 01/19/1977 228 CITY COUNCIL MEETING Port Angeles, Washington January 19, 1977 CALL TO ORDER The meeting was called to order by Mayor Olson at 7:30 P.M. I I ROLL CALL Members Present: Mayor Olson, Councilmen Anderson, Haguewood, Hordyk, Ross, Wray. Members Absent:" Councilman Buck: I Staff Present: Manager Whorton, Attorney Walrath, Clerk Parrish. D. Flodstrom, R: Orton, H. Kochanek. J. Honnold, D. Frizzell, P. Reed, P. Carr, R. Parrish. Guests Present: D. L. 1. J. D. M. III MINUTES Erickson, E..Grover, G. Patterson, G. Robinson, J. Pearson, Stewart, B. Waldron, F. Youngblood, H. Pearson, F. Young, Underwood, P. Phillips, E. Anderson, L. Sunny, T. Phillips, Baril, K. Clark, L. Watts, C. McBride, J. West, W. Colvin, Colvin, Mr. and Mrs. G. Harrison, A. Rodriquez, C. Whidden, Dunlap, H. Doherty, D. Woodside, J. Plaskett. Councilman Hordyk moved the minutes of the January 5, 1977 meeting be accepted and placed on file as received. The motion was seconded by Councilman Wray and carried. IV FINANCE 1. Sale of Surplus Equipment. a. Councilman Anderson moved the Council authorize the Light Department to call for bids for the sale of 120 surplus distribution transformers. The motion was seconded by Councilman Hordyk and passed by the Council. The 120 transformers range from 7.5 KVA to 50 KVAfor a total of 2,387.5 KVA's. The estimated value of the transformers is $3,581.25 at $1.50 per KVA. I b. Councilman Hordyk moved the~Council authorize the Light Department to sell to Clallam County PUD for $1,400 the following equipment: one automatic recloser, line material type R; one 400 amp continuous current, 800 amp minimum trip; one nominal voltage 4.8 KV maximum interrupting current 6000 amps; one nominal voltage 14.4 maximum interrupting current 4000 amps; one closing solenoid nominal 4.16 - 4.8 KV. The motion was seconded by Councilman Anderson and carried. 2. Bid Awards. a. Councilman Wray moved the Council award the bid for 384, Class 200, 3 wire, 5 dial single phase meters to low bidder General Electric Supply Company, Tacoma, at a total bid price including sales tax of $8,071.68. Councilman Hordyk seconded the motion and the motion carried. Other bids received were $8,144.33, Graybar Electric, Tacoma; $8,737.60, Westinghouse Electric Supply, Tacoma; $8,737.59, Utility Supply, Tacoma; and $8,762.53, Shaffer and Nelson, Seattle. ,." b. Councilman Hordyk moved the Council award the bid for 6 each 250 KVA I single phase step-type regulators for the Valley Substation to low bidder General Electric Supply, Tacoma at a total bid price of $35,297.84 in- cluding sales tax. The motion was seconded by Councilman Wray and carried. Graybar Electric, Tacoma, bid $37,804.47; Carlson, Ziegler and Assoc., Portland, bid $35,648.39; and Westinghouse Electric Supply, Tacoma bid $36,398.23. 3. Vouchers Payable. Councilman Horydk moved the Council approve 1976 Vouchers Payable of $126,953.70 and 1977 Vouchers Payable to date of $210,668.41. The motion was seconded by Councilman Haguewood and passed by the Council. V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA - NONE II 2_9 CITY COUNCIL MEETING January 19, 1977 VI LEGISLATION 1. VALLEY STREET L.I.D. NO. 200, PUBLIC HEARING. Referring to an illustrative drawing, Public Works Director Flodstrom explained to the audience the proposed plan for improving Valley Street, the estimated cost of the project, and the method and procedures that were followed for assessing the property owners who have access to Valley Street and will benefit from the proposed improvements. Following Mr. Flodstrom's presentation, Mayor Olson opened the public hearing on the proposed improvement of Valley Street and requested any person desiring to speak to the formation of L;I.D. No. 200 to present their views at this time. I Area residents speaking in opposition to the project due to the high assess- ment costs were C. McBride, M. Dunlap, Mrs. H. Waldron, and A. Anderson. A majority of the speakers favored improving Valley Street by a less expensive method than paving and discussed this possibility with the Council, Manager Whorton and Public Works Director Flodstrom. One resident, A. Underwood, spoke in support of the project as proposed. It is noted that one verbal and three written protests, representing fifteen percent of the total assessments, were filed with the City Clerk prior to the hearing. Councilman Ross moved the public hearing be continued until the next Council meeting. The motion was seconded by Councilman Wray. At this point, Manager Whorton recommended to the Council that perhaps the hearing should be closed, the Valley Street Improvement as proposed be denied, and the Public Works Department be instructed to present some alter- nate proposals for improving Valley Street at the February 16, 1977 Council meeting. Councilman Ross then moved her motion be amended to continue the public hearing, to deny Valley Street Improvement as proposed, and to direct the Public Works Department to present alternate proposals for the improvement of Valley Street at the February 16, 1977 Council meeting. Councilman Wray seconded the motion as amended and the motion.as amended carried with Councilman Anderson abstaining. 2. STREET VACATION, PUBLIC HEARING. Mayor 01 son opened thepub 1 i c heari ng on the request of Public School Di stri ct 121 to vacate certain streets and alleys at the Hamilton School site and the Stevens Junior High School site. Mayor 01 son then read the "NOTICE OF PUBLIC HEARING," which described the streets and alleys that were being considered by the Council for possible vacation. After reading the "NOTICE", Mayor Olson asked if any interested person was present who wished to express their opinion on the request. Dur.ing the hearing, the Council discussed the streets and alleys under con- sideration for vacation with Manager Whorton, Attorney Walrath and Planner Carr. I Mayor Olson again asked for comments from the audience. As there was no further discussion on the request, Mayor Olson declared the hearing closed. Councilman Wray then moved the Council concur with the Planning Commission's recommendation and approve vacation of streets and alleys as described below: Hamilton School Site: Vacation of Ninth Street from the easterly boundary of "M" Street to the easterly boundary of Lot 16, Block 250 and Lot 5, Block 309 contingent upon the provision that a cu1- de-sac be provided> in the street area of Lots 16 and 5 and that the right-of-way property revert to the City if not used for school pur- poses. Stevens School Site: Vacation of Thirteenth Street from the westerly 1 i ne of "D" Street to the westerly 1; ne of Lot 4, Block 397, and Lot 17, Block 269; and from the easterly line of "F" Street to the easterly line of "G" Street. 230 CITY COUNCIL MEETING January 19, 1977 VI LEGISLATION 2. STREET VACATION, PUBLIC HEARING. (cont.) Fourteenth Street from the easterly line of "F" Street to the easterly line of "G" Street. "F" Street from the northerly line of 15th Street to the southerly line of the alleys in Blocks 267 and 368. Alleys in Block 367, 399, and 410. Noted vacations are contingent upon the provision that the City retain utility rights and if the property is not used for school purposes, the right-of-way would revert to the City. I The motion was seconded by Councilman Haguewood and passed by the Council. 3. PLANNING COMMISSION. Mayor Olson read the minutes of the Planning Commission January 10, 1977 meeting with the following action taken by the Council. Councilman Ross moved the Council hold a public hearing at the February 2, 1977 Council meeting to consider Colvin Construction's request for a rezone from RS-7 to RMF of Block 1 Pennsylvania Park Addition to the Townsite of Port Angeles according to the plat thereof recorded in Volume 2 of Plats, Page 66 except the West 292.35 feet thereof, together with that portion of the North half of vacated Linden Street adjoining the above described tract, located south of the County garage on Lauridsen Boulevard. The motion was seconded by Councilman Hordyk and carried. Councilman Hordyk moved the Council hold a public hearing at the February 16, 1977 Council meeting on Peninsula College's request for vacation of a portion of Park Avenue within the College boundaries. The motion was I seconded by Councilman Ross and carried. Councilman Ross moved the Council hold a public hearing at the February 2, 1977 Council meeting on the preliminary plat of Alderbrook Subdivision which is located at the southeast corner of Church Street and McDougal Street. The motion was seconded by Councilman Wray and passed by the Council. Counciliman Haguewood moved the Council concur with the Planning Commission's recommendation and approve Merlin Weatherbee's request for designation of his front yard by changing the setbacks of Lot 1 in the Uplands Subdivision. Councilman Ross seconded the motion and it carried. Councilman Hordyk moved the minutes of the Planning Commission January 10, 1977 meeting be accepted and placed on file. The motion was seconded by Councilman Wray and passed. 4. ANNEXATION REQUEST, BEN MAGNUSON. Councilman Wray moved the Council hold a public hearing at the February 2, 1977 Council meeting on Ben Magnuson's petition for annexation of the area at the south end of Pine Hill near the old saw mill site and on Mr. Magnuson's request for a rezone of a portion of said property from RS-7 to RMF. The motion was seconded by Councilman Haguewood and carried. Councilman Anderson moved Joe Baron's request for renewal of his lease agree- ment with the City of Port Angeles for grazing land (combat range) be taken from the table. The motio~ was seconded by Councilman Haguewood and carried. Mayor Olson read the Department of Public Works historical report on the City- owned property leased to Mr. Baron in November 1967 for a period of ten years at a rental rate of $200.00 per year for the purpose of grazing cattle. The report also analyzed current day rental rates for grazing land and recommended that is an increase is proposed, a fair and equitable rate would be near $4.00 per acre per year for the approximate 60 acres of usable grazing land contained within the 120-140 acre lease. I 5. LEASE RENEWAL REQUEST. 231 CITY COUNCIL MEETING January 19, 1977 VI LEGISLATION 5. LEASE RENEWAL REQUEST. (cont.) I Councilman Anderson moved the Council renew Mr. Baron's lease for a period of 10 years at a rental rate of $4.00 per acre per year for the approximate 60 acres of usable grazing land, or $240.00 per year. The motion was seconded by Councilman Haguewood and passed by the Council. 6. AMENDMENT - WPPSS AGREEMENT - SHORT-TERM SALES AGREEMENT. v Manager Whorton advised the Council that the purpose of the amendment to the WPPSS Nuclear Projects Nos. 4 and 5 Assignment Agreement and the Short-term Sales Agreement is to alleviate major direct service industries of a limited assumption of ownership risk between plant start-up and July 1, 1988. Although the extent of this risk was small, it has presented a legal block to execut i on of the,Short-term Sales Agreement by the i ndustri es. As the Contract is now written, the industries assume no ownership risk prior to plant start- up and after July 1, 1988. The proposed changes then provide for leveled costs during the post-1988 period, with no liability for payment unless power is received. I The Council discussed this matter with Manager Whorton and Light Superintendent Honnold. During the discussion it was determined that the Assignment Agree- ment is of major importance to the City in that it has the potential of providing a source of power to makeup a portion of the City's anticipated deficits in the 1980's because the power is first made available to the participants, with any surplus being sold to the industries through the Short-term Sales Agreement. Following the discussion, Mayor Olson introduced and read by title Resolu- tion No. 3-77 entitled, RESOLUTION No. 3-77 A RESOLUTION of the City Counci 1 of the City of Port Angeles authorizing and directing the execution of a document authori zing the \~asl1i ngton Pub 1 i c Power Supply System to make certain changes in the short- term sales agreement relative to power supplied from nuclear projects Nos. 4 and 5. Councilman Wray moved the Council adopt the foregoing Resolution as read by title by Mayor Olson. The motion was seconded by Councilman Hordyk and passed by the Council. 7. GAMBLING TAX EXEMPTION REQUEST. Councilman Haguewood moved to take from the table the request of the Clallam County Fair Assoc. that Funtastic Shows be granted an exemption from the Gambling Tax on operation of gaming devices during its operation. at the Clallam County Fair. The motion was seconded by Councilman Anderson and carried. I Manager Whorton informed the Council that the Staff continues to be concerned about the possibility of establishing an unfavorable precedent if the City waives the gambling tax on this operation at the Fair. It was Mr. Whorton's recommendation that a flat rate charge be set up on this particular opera- tion, payable to the City by the Fair Association. The Council discussed the operations ~f Funtastic Shows at the Fair with Fair Board Representative D. Woodside and Manager Whorton. Mr. Woodside indicated' his concurrence with Manager Whorton's recommendation and re- quested a flat fee of perhaps $100 to $150 per year be established, payable by the Fair Association to the City. Councilman Haguewood moved the Council grant a blanket gambling permit to the Fair Board for one year, 1977, at a flat rate charge of $150.00. The motion was seconded by Councilman Anderson. During discussion on the motion, Councilman Hordyk recommended that the Gambling Ordinance be re~iewed 232 CITY COUNCIL MEETING January 19, 1977 VI LEGISLATION 7. GAMBLING TAX EXEMPTION REQUEST. (cont.) before any action is taken on the Fair Board's request. The question was also raised whether the Gambling Ordinance would need to be amended, with Manager Whorton advising the Council that the Staff would pursue the legal aspects of this matter. On call for the question, the motion carried with Councilman Hordyk voting "NO." 8. CITY-OWNED PROPERTY The Public Works Department's report on the property owned by the City was before the Council for their consideration and review. Manager Whorton in- formed the Council that a property map will be displayed at the February 2, 1977 Council meeting. Sale of City property by auction versus the call for bid procedure was briefly discussed. 9. LATE ITEMS. Mayor Olson introduced the following Ordinances and read each by title. ORDINANCE NO. 1900 AN ORDINANCE establishing a position classification and pay plan for the Fire Department employees and providing for the payment thereof for the year 1977. ORDINANCE NO. 1901 AN ORDINANCE establishing a position classification and pay plan for the Police Department employees and providing for the payment thereof for the year 1977. ORDINANCE NO. 1902 AN ORDINANCE establishing a position classification and pay plan for the City Employees and providing for the payment thereof for the year 1977. Councilman Hordyk moved the Council adopt the foregoing Ordinances as read by title by Mayor Olson. The motion was seconded by Councilman Haguewood and unanimously passed by the Council. VII STAFF REPORTS 1. Councilman Haguewood moved to accept and place on file the following staff reports: November Finance Statements and Treasurer reports; December reports for Fire, Parks and Recreation, Municipal Judge, Police and Utilities; the proposed Landfill Contract; and the Clallam County Humane Society Annual Report. The motion was seconded by Councilman Wray. A brief discussion was held on the proposed Landfill Contract. On call for the question, the motion was carried. 2. Councilman Ross: Discussed with Manager Whorton the status of a meeting with Port Officials. Reported that the Clallam County Governmental Conference is considering all EDA Applica- tions on all projects within the County. Manager Whorton reported that V. Cameron is attempting to check on the status of the City~s EDA applications and that the AWC is preparing a policy statement relating to placing Indian applicants in a separate category. 3. Councilman Hordyk: Commented on the north side of 5th Street fill and the need for a non-muddy walking area. 4. Mayor Olson: Commented on L.E.O.F.F. articles and that its time to file Public Disclosure Forms. 5. Councilman Wray: Commented on "trapping" in City and on electric rates i;n various cities as they relate to the number of employees per customer. I I I CITY COUNCIL MEETING VII STAFF REPORTS (cont.) 6. Manager Whorton: I VIII ADJOURNMENT 2'"1<) J':> Reminded the Council of the January 20, 1977 Ediz Hook Beach Erosion Control Project meeting at 1:30 P.M. in the Council Chambers and the January 26, 1977. Work Session at 7:30 P.M. At 9:10 P.M. the Council adjourned to executive session relating to a Settle- ment offer on a pending lawsuit with Jack Plaskett. At 9:20 P.M. the meeting reconvened to public session, with Mayor Olson calling the meeting to order. At the request of Mayor Olson, Attorney Walrath reported on the Council's reply to the "Settlement Proposal in McDonald's versus Plaskett, et al." Mr. Walrath stated it was the conclusion of the Council during executive session that the Council would accept a portion of the Settlement Proposal. Item No.3 relating to the opening and surfacing a portion of 13th Street at no cost to Mr. Plaskett is not accepted. In reference to Item No.1 relating to the City paying for an appraisal of the area deeded, the City reserves the right to select and hire an appraiser with Mr. Plaskett being invited to be present during the selection process. Mr. Plaskett and his Attorney H. Doherty were in attendance and briefly discussed the terms of the Council's counter-proposal with the Council, Manager Whorton and Attorney Walrath. Mr. Plaskett's Attorney indicated that the Council's proposal would be taken under consideration. The meeting adjourned at 9:50 P.M. I 1'~@.~ City Clerk ~)J;~ Mayor I , 11019178 NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN that a public hearing/ will be held by the Port Angeles City Council on .Wednesday. January 19, 1977 at 1:30 P.M. in the Council Chamber5~t 134 W. Front Street for the purpose of : ~~~~4er i~fs:rr~qU~S~.bY 1 ~~b':~ 1 vacate certain streets and alleys at the Hamilton School ~it;h asnc~o~~e sl~;:Vi~: sJt~~~~~1 and alleys being considered for' possible vacation are described as follows: Ninth Street from the easterly boundary of "Mil Street to the easterly boundary of Lot 16, Block 2$0 and Lot 5. Block 309. Th irteenth Street from the westerly line, of "0" Street to th'e westerly line of Lot 4, Block 397 and Lot 17, Block 269; and from the easterly line of "F" Street to the easterly line of "G" Street. Fourteenth Street from the easterly line of "F" Street to the easterly line of "G" Street. "F" Street from the northerly line of 15th Street ~ to the southerly line of the I alleys in Block 267 and 368. . Alleys in Block 367, 399. and I 410. I Marian C. Parrish r:... ~ity Clerk l Pub..:.- Jan. 10, 197!...:.,..) . ~>.____ ---1 { ......' ~ubIlCOfr:;- -:----. I. 191977 A I I NOTICE OF ' \ NotN:BELlC nEAR~~~EByl ~ GIVEN thot the Port Angeles , City 5=ouncll will ~~d.8 public hearing on Wei::fnes-day I January 19, 1917.!1t 7:30 Fl'.M. i~ the Council Chambers at 134 W r t Front Street to consider a /. ~ ~:~~~rbedof p:~~ertf:IIO~~~ ~~I Single ~ll; (RS./ /7) to Residentiel Multi-family IRMFl. The property is identified as:' """: ~.Iock .2, Vacated Coope;r's : . Addition to th-e -TownsIte of . 1 ~eO:~r:~g~~SV:I~~:r f'~~ l ~ Plats, page 8. . Block 3, vacated Cooper's '~~~tltig~~~I:~.e a~o~~It~I~~ l . recorded in Volume 2 of Plats, page B, (betng a portion of vacated Leiser's t I AddItion as recorded in , t~~~~eFl'~Ofr~~~tr ~:g~~); \ conveyed .to State of I \Washington by Deed dated IMay 20, 1929, recorded lunder Auditor's File No. 128992. All the grantors interest in Blocks 2 and 3, Fogarty and Dolan's Addition to Fl'ort Angeles, as recorded in tVolume 2 of Plats, page 18; ITOGETHER WITH vacated streets and alleys aft.aching. thereto bY. !operat;on of law, o. described below: _ Beginning at a pOint in the ~ northwest corner of Block 2 said addition, thence south; 73 degrees << minutes 31 seconds east 62.65 feet; thence south 17 degrees 45 minutes 27 seconds W 208.37 feet; thence S 69 degrees 13 minutes 10 seconds E 75.93 feet; thence N 17 degrees 45 minutes 27 seconds E 2.39 feet; thence S 68 degrees 06 minutes 12 seconds E 122.70 feet; th ence S 58 degrees 11 minutes 19 seconds e 40.97 feet; thence S 3 degrees 04 minutes 27 seconds W 112.66 feet; thence N 88 degrees 32 minutes 13 seconds W 231.66 feet; thence N 2 degrees 52 minutes 43 seconds E 477 feet to the point Of beginning. All interested parties may appear at such time and express their opinicm on the proPOSed rezone. Marian C....E.arrish L.gal Pu~lIcctlon PUb.~ City Clerk 1191977A NOTICE The Treasurer of the City of Port Angeles, WaShington, will pay, upon presentation at her office, Bonds numbered 11: through 16, inclusive, of Locar' Improvement District No. 196 of the City of Port Angeles, I Washington. No interest will be allowed. after February 1, 1977. j Patricia Rodman elf of pori~e:~~,~~ I Wash. Pub. 122976 NOTICE OF "I PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Port Angeles City Council on WedneSday, January 19, 1977 at 7:30 P.M. in jthe Council Chambers at 134 W. Front Street for the purpose of considering a request by Public School District No. 121 to I vacate certain streets and ,a~leyS at the Hamiltol;l_ SChOOl1 Site and the Steven' ,",unior High School Site. The Streets and alleys being considered for I po.s;ble vacal;on are described. as follows: Ninth Street from the I easterlY boundary of I'M" Street to the east~rly boundary of Lot 16, Block I 250 and Lot 5, Block 309. Thirteenth Street from the westerly line of "0" Street to the westerly I ine of Lot 4, I Block 397 and Lot 17, Block 269; and from the easterlY line of "F" Street to the easterly line of "G" Street. Fourteenth Street from the easterly line of "F" Street to the easterly line of "GH Street. "F" Street from the northerly line of 15th Street 1 to the southerly line of the alleys in Block 267 and 368 Alleys in Brock 367, 399, and 410. I Marian C. Parrish City Clerk .' rub.: Dec. 29, 1976V ~ L- .