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HomeMy WebLinkAboutMinutes 02/02/1982 .. ~ () II /..,.Jf.J.-;; CI'r! C'::JU"JCIL !EETI:~G Port Angeles, Washington F~bruary 2, 19B2 I CALL TO ORDER Mayor Duncan called the meeting to order at 7:00 P.M. II ROLL CALL Members Present: Mayor Duncan, Councilmen Gerberding, Haguewood, Hordyk, Polhamus, Quast and Whidden. Members Absent: None. I Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Lannoye, P. Carr, M. Cleland, L. Cosens, D. Frizzell, L. Glenn, R. Orton and G. Booth. Public Present: J. Hahn, C. Carlson, J. Hulett, G. & J. Cays, G. & M. Crawford, K. Maike, M. Merrick, J. Merrill, W. Schilke, G. Mattson, T. Fraser, 'E. Tinkham, C. Hulse, R. pierce, H. Berglund, H. Ratzman, J. Shefler, T. Holm, D. Price, N. Reed and N. Baker. III l1INUTES Councilman Hordyk moved the Council accept and place on file as received the minutes of the January 19, 1982 meeting and the January 26, 1982 special meeting; Councilman Polhamus seconded and the motion carried. IV CONSENT AGENDA Councilman Hordyk moved the Council accept the items listed under the Consent Agenda including Vouchers of $745,354.73. Councilman Whidden seconded and the motion carried. V FINANCE l. Word Processing Proposals I' .,1 ; , In a memo to the Council, Finance Director Orton summarized the Word Processing proposals and recommended negotiation of a lease contract for 1982 with an option to purchase the 'unit in 1983. Councilman Hordyk moved for concurrence of the recommendation to accept IBM's Displaywriter proposal as the.lowestresponsible bid; waive the proposal's nonconformance and authorize the negotiation of a' lease/purchase contract for the unit. Councilman Gerberding seconded and the motion carried. 2. Sale of City Owned Surplus property Councilman Hordyk moved the Council authorize the sale of Parcel I-Blo~k 229, Lots 1-4, TPA (7th & Peabody) land, land improvements, Buildings, "As Is", or alternate Parcel I-Block 229, Lots 1-4, TPA, land, land improvements, "As Is" without buildings: and to postpone the sale of Parcel II-Block 85, Lots 1-4, TPA, (4th & valley) for the vacation of the street alley and inclusion of land across the alley with this parcel. Councilman Polhamus seconded and the motion carried. 3. Landfill Scrap Metal Sale Councilman Quast moved the Council authorize payment of one-half of the net proceeds of the January 23, 1982 scrap metal sale, $1,722.75, to landfill re- cycling contractor Sharon Adamson, as per the terms of the contract; Councilman Hordyk seconded and the motion carried. I' r. ,:' VI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. VII ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA Councilman Quast moved for the Light Department to ready an informational bulletin to City ratepayers which includes explanation about past rate changes, BPA increases, WPPSS obligations, hints on how to save electricity, and demand considerations, i.e. implement an information system to our ratepayers; Councilman whidden seconded. After discussion of the cost, timing and means of implementing the system, the motion carried with Councilman Haguewood opposing the motion due to cost consideration. -I rl I:J NOTICE OF SALE OF REAL ESTATE NOTICE IS HEREBY GIVEN that the City of Port Angeles will offer for sale the following described surplus real property by me<lns of sealed bids to be opened by the City Manager on Wednesday, February 24, 1982. at the hour of 10:00 a.m. in the Council Chambers at 134 West Front Street. Port Angeles, Washington. ITEM Parce"'il Alternate A DESCRIPTION II.... 229, loti I ""'4. TP'. LInd, Land ""proYI_, 1luIId"""I, u.. is" 1Ini.~ MINIMUM BID "170,000.00 Parcell Ahernate 8 $170,000.00 ".... 229. Loll 1 IIIn 4, TPA. lancI:, Iud .,ro......m, Ua. i," wltlo CIty d.noolh~1nti 1MIiIcIingt. ~; Co..- of 711I & I'oshKr Strom. logond: Co_onl, nfonod II II lito f., Stro" & Will' Deporlllllnt 5II0p. Terms are thirty percent (30%) down payment, with City carrying a contract on remaining balance of 15.5% annual interest over 0 five (5) year period. Closing dote sholl occur wilhin 45 days after the bid opening date. The lots will be sold in one parcel only, i.e. Parcel I Alter- nate A, and Parcel I Alternate B; and sholl not be sold for less than the minimum bid specified in this notice. All bids must be in writing, sealed and must specify the nome and address of the bidder, 0 description of the alternate being bid, and the bid amount. A c'ertified check for 5% of the amount of the bid sholl ac- company each proposal. In the event dosing does not occur. the 5% bid deposit of the successful bidder sholl be forfeited to the City of Port Angeles. Bids shall be deposited with the City Clerk at City Hall not later than 10:00 a.m. on Wednesday, February 24;1982. Title shall be conveyed by Quit Claim Deed and the City sholl not furnish title insurance: . The City reserves the right to reject any and 011 bids; and waive any portion of the terms herein. -- 235. CITY COUNCIL J.\EETING february 2r 1982 VII ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA (Cont.) Mayor Duncan requested City staff look into improving the public address system and quality of radio broadcasting of the meeting. VIII LEGISLATION I I I 1. Proposed Clallam Bay Prison Site Port commissioner Newsom Baker addressed the Council regarding the proposed 500~bed medium security prison at Clallam Bay and requested Council support of the project. After discussion of the issue, Councilman Polhamus moved the Council pass a resolu- , tion supporting the proposed prison at Clallam Bay and Councilman Hordyk seconded. After further discussion, the motion carried. 2. public Hearing: A. Fourth Street. Vacation (P.I.C.O.) Councilman Haguewood moved the public hearing for the vacation of Fourth Street between Peabody and Vine be continued to February 16, 1982 per the Planning De- partment's recommendation; CO,uncilman Quast seconded .and the motion carried. 3. Planning Commission Minutes - January 27, 1982 Mayor Duncan summarized the minutes of the January 27, 1982 Planning Commission meeting with the ,following action being taken by the council: A. Conditional Use Hearing - Hanson Coun'cilman Quast moved the Council concur with the recommendation ,of the ,Planning Commission and approve the Hanson Conditional Use Permit to operate a bOOkkeeping and tax, service business as a home occupation (2l39 West 7th) for an 'initial periOd of one year because:" 1) ~e equipment to be used in the Home Occupation \~ill not generate excessive noise; 2) There will be no significant increase in local vehicular traffic; and 3) " The Home Occupation will not injure adjoining properties; or endanger the public health, safety or welfare. Councilman Gerberding seconded and the motion carried. B. Conditional Use Hearing - Hahn Councilman Gerberding moved the Council concur with the recommendation of the Planning commission and approve the Hahn Conditional Use Permit for a beauty shop as,a Home Occupation (538 West 6th) for one year, as being within the guide- lines ,of the Home Occupations Ordinance, subject to the limitation of no more than one customer vehicle parked on 6th Street and no more than one customer vehicle parked on Cedar bec!luse: 1) The equipment used in the beauty shop will not introduce excessive noise, vibrations and odor into the residential neighbor- hood; 2) The Home Occupation will not affect nearby properties; and 3) It will not endanger the public health, safety, morals or welfare; and is in the public interest. Councilman Whidden seconded. On discussion of the motion a concern was expressed for the proliferation of beauty shops as home occupations. The motion to approve the permit carried with CoUncilman Polhamus voting "No". C. Temporary Use Hearing - High Tide Seafoods Councilman Quast moved the Council concur with the recommendation of the Planning Commission to"extend the High Tide Seafoods' Temporary Use Permit for a fish processing operation in the caD zone for an additional year, subject to all of th~ original conditions;_ Councilman Whidden seconded. Councilman Hordyk called for the extension of the one year lease agreement to encourage capital improvements to the existing facilities. This was discussed and on call for the question to extend the permit an additional year, the motion carried with councilmen Hordyk and Gerberding voting "No". D. Rezone Hearing - Olson Councilman Whidden moved the COuncil schedule February 16,. 1982 as the public hearing date for the Olson application to rezone l7,500 square feet from ~w to OC at the northeast corner of 6th and Peabody; Councilman Quast seconded and the motion carried. 2:36 "/:"II C~"rY COUNCIL ,'iEr:THIr, re~rua~y 2, 1982 LEGISLATION (Cont.) 3. Planning Commission Minutes - January 27, 1982 (cont.) -~--~- E. Rezone Hearing..- P.I.C.O. COuncilman Whidden moved the Council schedule February 16, 1982 as the public hearing date for the P,I.C.O. request to rezone 62,637 square feet from RMF to PBP, on east side of Peabody, both sides of Fourth Street. '---', :1 Councilman Quast then moved the Council accept and place on file as received the January 27, 1982 Planning Commission minutes; Councilman Whidden seconded and the motion carried. 4. General Service Customer Electrical Rates Consideration of a proposed ehange to the general service customer electrical rat~s was tabled at the January 19, 1982 meeting; Councilman Quast moved this item be,removed from the table; Councilman Whidden seconded and the motion carried. Light Director cOsens and Power Manager Booth both addressed the Council and recommended adoption of the proposed GRate restructure. council discussed the issue at length due to the controversial nature of the implemen- tation of the demand program in May of 1981, and the adverse impact experienced by some due to largely increased billings. They also heard from Clinton Hulse of the uptown Business Association regarding additional information the Associ- ation wished presented to the Council. At Manager Flodstrom's suggestion, Councilman Quast moved the Council delay action on this item until the February l6, 1982 meeting for staff's assessment of the: impacts of modifying the G Rate as currently proposed; Councilman Whidden seconded and the motion carried. 5. WPPSS Plants 4 & 5 Termination Agreement Light Director Cosens reviewed the current proposal for "controlled" termination I of Plants 4 & 5 as WPPSS had been.unabl~ to obtain the necessary participant support to proceed with the mothballing of these plants. He outlined the City's estimated payments and receipts under "<;ont.rolled" termination and answered the Council's questions regarding the terminadon agreement. Councilman Quast then moved the Council support controlled terndnation of Plants 4 & 5 and authorize the Mayor to execute the controlled terminat:ion agreement with WPPSS; Councilman Gerberding seconded and the motion carried. 6. Northern Tier Briefing Attorneys John Keegan and Thomas Goeltz of th,e, firm Cohen, Andrews, Keegan and Goeltz, P.S. reviewed for the Council's information their involvement in the EFSEC Northern Tier.process on behalf of the City of Port Angeles and Clallam County. EFSEC voted on January.27, 1982 to recommenu denial of the Northern Tier project; principally Objecting to the proposed port location and submarine pipeline. Governor Spellman may, upon consideration of EFSEC's report: uphold, remand or reverse EFSEC's denial of the Northern Tier project. Councilman Quast expressed the Council's deep appreciation for Attorneys Keegan and Goeltz, ~~yor Duncan's, and uncounted citizens' efforts and involvement in EFSEC's decision to deny the Northern Tier project. 7. Acquisition of Disc Storage Unit. Mayor Duncan read by title Resolution No. 3-82, entitled I RESOLUTION NO. 3-82 A RESOLUTION of the Council of the City of port Angeles authorizing the City Manager to execute an installment purchase contract with the Hewlett Packard Corporation. Councilman Hordyk moved the Council authorize the City Manager to execute a contract with Hewlett Packard for the acquisition of an additional disc storage unit; and adopt the foregoing resolution as read by title. Councilman Gerberding seconded and the motion carried. 8. Indemnification Ordinance Mayor Duncan read by title Ordinance No. 2196, entitled VIII LEGISLATION (Cont.) 3. Planning commission Minutes - January 27, 1982 (cont.) E. Rezone Hearing - P.I.C.O. Councilman Whidden moved the Council schedule February 16, 1982 as the public hearing date for the P.I.C.O. request to rezone 62,637 square feet from RMF and ~~-oc, on east side of Peabody, both sides of Fourth Street. Councilman Quas~ ~econded and the motion carried. I PBP I Councilman Quast then moved the Council accept and place on file as received the January 27, 1982 Planning 'Commission minutes; Councilman Whidden seconded and the motion carried. 4. General Service Customer Electrical Rates Consideration of a proposed change to the general service customer electrical ratl;ls was tabled at the January 19, 1982 meeting; Councilman Quast moved this item be removed from the table; Councilman Whidden seconded and the motion carried. Light Director Cosens and Power Hanager Booth both addressed the Council and recommended adoption of the.proposed GRate restructure. Council discussed the issue at length due to the controversial nature of the implemen- tation of the demand program in May of 1981, and the adverse impact experienced hy some due to largely increased billings. They also heard from Clinton Hulse of the Uptown Business Association regarding additional information the Associ- ation wished presented to the Council. .At Manager Flodstrom's suggestion, Councilman Quast moved the Council delay action on this item until the February 16, 1982 meeting for staff's assessment of the. impacts of modifying the G Rate as currently proposed; Councilman Whidden seconded and the motion carried. 5. WPPSS Plants 4 &5 Termination Agreement Light Director Cosens reviewed the current proposal for "controlled" termination f..c' . ' of Plants 4 & 5 as WPPSS had been unable to obtain the necessary participant . support to proceed~ith the mothballing' of these plants. He outlined the City's estimated payments and receipts under "controlled" termination and answered the Council's questions regarding the termination agreement. Councilman Quast then moved the Council support controlled termination of Plants 4 & 5 and authorize the Mayor to execute the controlled termination agreement with wPpss; Councilman Gerberding seconded and the motion carried. 6. Northern Tier Briefing Attorneys John Keegan and Thomas Goeltz of t:!1.e. firm Cohen, Andrews', Keegan and Goeltz, P.S. reviewed for the Council's infonnation their involvement in the EFSEC Northern Tier process on behalf of the City of Port Angeles and Clallam County. EFSEC voted on January.27, 1982 to reconunend denial of the Northern Tier project; principally objecting to the proposed port location and Submarine pipeline. Governor Spellman may, upon consideration of EFSEC's report: uphold, remand or reverse EFSEC's denial of the Northern Tier project. Councilman Quast expressed the COuncil's deep appreciation for Attorneys Keegan and Goeltz, Hayor Duncan's, and uncounted citizens' efforts and involvement in EFSEC's decision to deny the Northern Tier project. 7. Acquisition of Disc Storage Unit Mayor Duncan read by title Resolution No. 3-82, entitled ." RESOLUTION NO. 3-82 A RESOLUTION of the Council of the City of Port Angeles authorizing the City Manager. to execute an installment purchase contract with the Hewlett Packard Corporation. Councilman Hordyk moved the Council authorize the City Manager to execute a contract with Hewlett Packard for the acquisition of an additional disc storage unit; and adopt the foregoing resolution as read by title. Councilman Gerberding seconded and the motion carried. 8. Indemnification Ordinance Mayor Duncan read by title Ordinance No. .2196, entitled "III . I I CITY CO!.~lCl T. HEETING Feb.c;lary 2, 1982 237 LEGISLATION (COnt.) 8. Indemnification Ordinance (cont.) ORDINANCE NO. 2196 AN ORDINANCE of the City of Port Angeles relating to legal actions brought against city officials and employees, providing for legal representation for conduct, acts, and omissions on behalf of the City within the scope of their servtce or employment; setting conditions for such representation; speci- fying the circumstances under which claims against city officials and employees will be paid by the City; and adding a new chapter to Title 2 of the Port Angeles Municipal COde. Councilman Polhamus moved the COuncil adopt the foregoing Ordinance as read by title and COuncilman Quast seconded. On discussion of the motion, COuncilman Gerberding moved the COuncil amend the motion striking the word "not'" from page 4, Section 8. Reimbursement of Incurred Expenses, SUbsec1:ion (l), line seven thus stating that "The City shall pay any attorney's fees incurred in obtaining the determination that such claim is covered by the provisions of this ordinance.", Councilman Quast seconded. The .amended motion carried unanimously. 9.. Proposed DNR Land Trade The Real Estate Committee had no report on this item at this time. 10. REC Report - Pearce .Request to Purchase City Property. Councilman Hordyk, representing the Real Estate COmmittee, moved the COuncil set the final sale price at $1.80 per square foot for that portion of Lot 15, Block l29, which Mr. and Mrs. Pearce had requested to purchase from the City; COuncilman Quast seconded and the motion carried. ,11. Austin Joint Use Lease Agreement Nayor Duncan read Attorney Miller's memorandum introducing a lease which carries into effect the agreement by the CitY Council at its last meeting in December, to lease to Gerald Austin the west ten (lO) feet of city property adjacent.to City Light's substation at 9th and Race. Councilman Hordyk moved the Council .authorize the Mayor to execute the lease agreement with Austin and COuncilman Quast seconded. It was pointed out that the 8/9 alley would be made one way going west. On call for the qciestion, the motion carried. .' 12. Joint Meeting with par~Recreation and Beautification COmmission on February 4, 19.82 An informational item; Council will consider the material at the scheduled February 4, 1982 meeting. l3. City Council COmmittee Assignments Confirmed Councilman Quast moved the Council accept the City council Committee appointments as decided upon c..t the January 26, 1982 work session; COuncilman Gerberding seconded and the motion carried. 14. City Boards and Commissions - Appointments and Reappointments Regarding Manager Flodstrom'smemorandum of January 26, 1982, Councilman Quast moved that the Council take the existing list of names of persons interested in the Planning Commission. and choose from that list two people to fill the two vacant positions; in the case of the Board of Adjustment and the Park Recreation and Beautification commission, the Council reappoint the persons presently serving in those positions which are expiring; and in the case of the Civil Service Commission, the Council open the position for additional nominations, including Mrs. Hunt. Councilman polhamus seconded. Councilman Hordyk opposed the motion, calling for the reappointment of Mrs. Hunt to the civil Service commission. Council and staff discussed the motion at length, including a dis- cussion focusing on the civil Service Commission. On call for the question, the motion carried with Councilmen Hordyk and Haguewood voting "No". (Thus R. Hesselman was reappointed to the Park Recreation and Beautification Commission and S. Pazan was reappointed to the Board of Adjustment.) 238 crTY COUNCIL :'lEE'1'ING February 2, 1982 -.jUL LEGISLATION (CONT.) 14. City Boards and commissions - Appointments and Reappointments (Cont.) Councilman Haguewood then moved the Council appoint Jerry Cornell to the Planning commission; Councilman Quast seconded and the motion carried with Councilmen Hordyk and Gerberding voting "No". Councilman Gerberding questioned Manager Flodstrom regarding the Council's procedures for appointing individuals to the Planning Commission. Councilman Hordyk then moved for the nomination of James Hulett:to.the~Planning I Commission, councilman Whidden seconded. After discussion, the motion carried ' with Councilmen Quast, Polhamus and Whidden voting' "No". Mayor Duncan, voting to break the tie, yoted in,:favorof, the motion, thus' appointing James Hulett to the Planning commission. Mayor Duncan noted the time was now beyond 10:00 P.M. councilman Whidden moved the Council meet in' extraordinary session; Councilman Gerberding seconded and the motion carried. Councilman Hordyk was excused at this time. 15. Med~cal Benefits for City Councilmembers This item was skipped over by the council. 16. Meeting on Public Development Authorities and Industrial Development Bonds Tuesday, February 23, 1982, 7:00 P.M. was scheduled as a community meeting for a presentation'on public development authorities and industrial development bonds by Dave Beller and patty Klug, of Seattle Northwest Securities Corporation. The meeting will be held in the council-Chambers. Councilman Gerberding moved the Council approve Finance Director Orton's request to reimburse Mr. Beller's and Ms. Klug's out-of-pocket expenses; estimated to not exceed $100. Councilman Whidden seconded and the motion carried. IX LATE ITEMS Per councilman Quast's request, Manager Flodstrom reported on the fisheries problem; i.e. current proposals for the closure of sportsfishing of Chinook salmon in the Straits of Juan de Fuca and puget Sound during as yet unspecified periods of:time. He predicted that the city Council would be asked to take an official p~sition on this issue at some time in the future. Council requested Manager Flodstrom represent the City in this matter. \ Manager Flodstrom also'advised the council that Mayor Duncan had been invited to the l~unching of the Coast Guard Cutter Harriet Lane in Tacoma .on February 6, .___ 1982; Sh~_?l~ns to p~esent tO,Admiral Hayes the City's interest in maintaining and add~t~on to Coast Guard water borne activities in Port Angeles. X ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. XI ADJOURN TO EXECUTIVE SESSION The Council adjourned to an executive session at 10:40 P.M. XII RETURN TO OPEN SESSION AND ADJOURNMENT The Council returned to open session and adjourned at 10:50 P.M. ~&~ City Clerk ",~Lk' I I