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HomeMy WebLinkAboutMinutes 02/17/1987I CALL TO ORDER Manager Flodstrom announced the Council would have to choose a Mayor Pro Tem, as Mayor Whidden and senior Councilmember, Councilman Quast, were absent. By consensus, Councilmembers chose Councilman Schermer, next senior Councilmember, to act as Mayor Pro Tem. Mayor Pro Tem Schermer called the meeting to order at 7:00 P.M. II ROLL CALL Members Present: Members Absent: Staff Present: Public Present: III MINUTES Councilman Stamon noted a second paragraph, line 5, further noted on Register weeks" to "four years under Executive Session, discussed. IV FINANCE V CONSENT AGENDA CITY COUNCIL MEETING Port Angeles, Washington February 17, 1987 Mayor Pro Tem Schermer, Councilmen Hallett, Hesla, McPhee, Stamon. Mayor Whidden, Councilman Quast. Manager Flodstrom, Attorney Knutson, D. Fortner, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, B. Coons, L. Cochrun, T. Reid, B. Jones, A. Rose, K. Ridout. D. Failes, C. A. Alexander, M. Lemon, M. Merrick, W. Schmidt, K. Watkins, B. Rooney, H. Berglund, E. Saar, E. McElravy, J. Machenheimer, P. Hamilton, J. Newlin, D. Wright, J. Andis, L. Sunny, L. Lee. correction on Register Page 672, under Item 5, to change the word "appeal" to "repeal She Page 674, paragraph 5, line 7, changing "four Councilman McPhee noted on Register Page 677, to include personnel matters as also being Councilman Stamon then moved to accept and place on file the minutes of the February 3, 1987, meeting, as amended. Councilman Hallett seconded and the motion carried. 1. Request for Payment to Riddell, Williams of $8,565.01 for Legal Representation on WPPSS Issues Councilman Stamon moved to authorize payment of the February 2, 1987, Riddell, Williams bill in the amount of $8,565.01 for legal representation on WPPSS issues. Councilman Hesla seconded and the motion carried. 2. Consideration of Bid Award for SCBA Air Compressor Councilman McPhee moved to approve the bid by L. N. Curtis for one Mako Model 9000 SCBA compressor for $7,425. Councilman Hallett seconded and the motion carried. The Council addressed Item 2 on the Consent Agenda, Request for Council to Declare NACO /WEST Campground Membership Surplus Property and Permission to Call for Bids. Councilman Hesla moved to declare the NACO /WEST membership surplus. Councilman Hallett seconded and the motion carried. Councilman Stamon then moved to approve the items under the Consent Agenda, including (1) Request approval to call for bids on refuse containers and Water /Sewer materials; (2) Request for Council to declare NACO West Camp- ground membership surplus property and permission to call for bids for same; (3) Request for progress payment to Arai /Jackson of $205,240.20 for work on City Hall project; (4) Correspondence from Washington State Liquor Control Board; and (5) Vouchers of $138,837.31 and Payroll of 2 -13 -77 of $209,551.41. Councilman Hesla seconded. Councilman McPhee inquired about 681 6 v 2 CITY COUNCIL MEETING February 17, 1987 the authorization to call for bids for the purchase of refuse containers and Water /Sewer Utility materials. He referred to a study done in 1982, prior to the implementation of the mechanized collection system, stating the Council at that time was told the containers had a 10 -year guarantee with 100% replaceability for the first five years. He asked staff what had become of the 100% replacement guarantee. Solid Waste Superintendent Jones explained that the request before the Council tonight was a request for more new containers. Councilman McPhee had questions regarding the cost of containers. Councilman McPhee also inquired about the progress payment on City Hall. Following further discussion, on call for the question, the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Hattie Berglund, 1834 West Seventh Street, requested discussion of the completion of the Waterfront Trail through Crown Z be placed on the agenda. This was placed as Item 13. Councilman McPhee requested the issue of voting by secret ballot be placed on the Agenda. This was added as Item 6A. VII LEGISLATION 1. Presentation by Veterans of Foreign Wars to City VFW Chaplain Kenneth E. Watkins, on behalf of VFW Post 1024, presented to Mayor Pro Tem Schermer and Councilmembers a Certificate of Appreciation for re- naming Central Park to Veteran's Memorial Park. Marvin Merrick of the VFW presented to Mayor Pro Tem Schermer and Councilmembers a Certificate/ Citation for renaming Central Park to Veteran's Memorial Park, as an expression of sincere appreciation. 2. Public Hearings A. Consideration of Solid Waste Rate Revisions Public Works Director Pittis provided general background information. Mayor Pro Tem Schermer then opened the public hearing. Carl Alexander, 1712 West Fifth Street, inquired of Public Works Director Pittis if once the pit was dug and the initial study completed at the site, the rate increase would continue. Public Works Director Pittis could give no assurances until the hydro geological study was completed. Mr. Alexander asked for a worst case scenario. Solid Waste Superintendent Jones reiterated' that information would come as a result of the study. Mr. Alexander urged Councilmembers to add a provision in the rate increase that would allow some relief from this and further increases on portions of the population on fixed incomes. Mike Lemon, 1026 West llth Street, inquired if the $23 per ton Landfill fee included County residents. Public Works Director Pittis stated the $23 per ton applied to the City of Sequim, Olympic Disposal, any County resident, and also commercial accounts. Mr. Lemon voiced ccicern with single resi- dence rates, stating that by paying $7 a month he is paying $84 a year, and he might be willing to haul his garbage to the Landfill twice a year to substantiate the cost. He suggested a study on the possibility of involv- ing all of Clallam County in subsidizing the service. Manager Flodstrom stated the City was currently involved in discussions with the County, with part of their discussion focussing on County -wide solid waste planning. Mayor Pro Tem Schermer asked for further comments. There were none. Therefore, he closed the public hearing. Mayor Pro Tem Schermer read the Ordinance by title, entitled ORDINANCE NO. 2436 AN ORDINANCE of the City of Port Angeles increasing the Landfill disposal rate and amending Sections 1 and 2 of Ordinance 2378, Section 2 of Ordinance 2354, Section 3 of Ordinance 2317, and Chapter 13.54 of the Port Angeles Municipal Code and amending Section 4 of Ordinance 2317 and Chapter 13.56 of the Port Angeles Municipal Code. CITY COUNCIL MEETING 6 8 3 February 17, 1987 Attorney Knutson noted Section 3 of the Ordinance should read: "This Ordinance shall take effect March 1, 1987. deleting the words, "as provided by law Councilman Hallett then moved to adopt the Ordinance as amended. Councilman Stamon seconded. Councilman Hallett spoke to Mr. Alexander's comments, stating this was a good example of how emerging technology, with its increased abilities to measure what goes on in the environment, resulted in the need for a changed "game plan He stated this was going to be a serious problem for the com- munity. He further stated that he did not like to make raises, especially when they zeroed in on those with fixed incomes. He did not know what the answers were, but liked Mr. Lemon's suggestion. He felt the City might be paying an inordinate share. He also stated that if anybody had any sugges- tions, he would be happy to listen to them. Councilman Stamon shared Councilman Hallett's concerns. She stated to the public that "we" are trying to do the best we can in planning for an uncer- tain future and that there is frustration in having to take a chance and hope that what you've done is the best that can be done. She stated it was with regret that she had seconded the motion. Councilman McPhee inquired as to the cost of burying a ton of garbage, including replacing the present pit. Public Works Director Pittis pointed out the increase did not include the costs of closure of a landfill, pur- chase of additional land as necessary, depreciation of the current land, etc. He said the City was taking this one step at a time with the Federal and State governments, trying to remain as conservative as possible for ratepayers, and that currently it was in the area of $23 a ton at today's costs. He also stated there were some unknowns and that the figure of $23 was based on current information known. Councilman McPhee stated he was given a figure in the area of $30. He agreed with other Councilmen who said that we would have to spend more money to bury the garbage, but this increase was not' one he was going to vote for. He then made comments re- garding the percentage of the increase. Councilman McPhee stated that the problem was the current pit being filled up too quickly and felt the prob- lem was not being properly addressed. He referred to discussions by previous Council, referring to past City Council minutes. Councilman McPhee stated the increase had come about as a result of a new system coming into place, and felt that we should not be charging City residents more money until after meeting with the County to determine what they are going to do. He felt that too much was being offeaced to County residents with City residents paying for them. Mayor Pro Tem Schermer pointed out that each Utility must stand on its own and questioned the thought that an increase was not needed. He was not sure that thought was justified at the present time when we did not know what the cost was going to be. Council- man McPhee stated he had prefaced his comments with the statement that an increase was needed, but that he didn't want the Council to burden the taxpayers with an increase that "we" don't even know what it is. Discus- sion followed at great length. On call for the question, the motion carried, with Councilman McPhee voting "No". Manager Flodstrom noted that currently there was a low income senior energy program that encompassed all utility services, including power, water, sewer and solid waste, and modified according to family size, allowing for discounts for utility service. He stated that program has been going on the for last five years. 6 8 4 CITY COUNCIL MEETING February 17, 1987 B. Consideration of Sewer Rate Revisions Public Works Director Pittis provided background information. He explained the process of determining the need for the increase, etc. Mayor Pro Tem Schermer then opened the public hearing. Larry Leonard, 1030 Olympus, addressed the Council. He inquired if the City was still fighting the secondary treatment issue with the Federal government. Manager Flodstrom confirmed that the City was still involved in active appeal processes in both State and Federal Courts on denial of the waiver. He stated we were also currently involved in negotiations with the Environmental Protection Agency and the Department of Ecology. He stated that one of the things we were looking at was minimizing the impact on the ratepayer in Port Angeles. He also stated that we were looking at compliance dates for some time in the early 1990's, and that grant assis- tance would be sought. He went into further detail on the actions being taken by the City with the pros and cons of compliance. Discussion followed at length. Hattie Berglund, 1834 West Seventh Street, asked for clarification. She asked if every penny of this increase would be put in a fund drawing interest and held there for this purpose. Manager Flodstrom assured her the majority of it would, stating that a relatively small portion would have to go toward continuing operation of the plant in the interim. Discussion followed. Carl Alexander, 1712 West Fifth Street, stated there was one other way this issue could be fought and urged members of the audience to write the Governor, Senators, Congressmen at the State level and those at the Federal level in strong protest. Mr. Alexander explained in detail his discontent with the issue of secondary sewage treatment and strongly opposed having the treatment plant built, stating it would not help to clean the water. He then made three recommendations to the Council: (1) To tell the State of Washington to keep their funds for secondary sewage treatment, that we don't want their grants, that we're not going to accept it, because we're not building a secondary sewage plant; (2) That there be a clause in the rate increases that if legislation at the State and Federal levels relieves Port Angeles of the secondary sewage requirements that the rate increases would stop and anything left would be turned back over to the ratepayers; (3) An inclusion of a clause in the rate increases exempting those people who are on fixed incomes and below certain income guidelines. Paul Hamilton, 227 East llth Street, inquired if any consideration had been given to local residents for water usage similar to the commercial usage, stating that there are residents who do not live in the same residence all year around, therefore are not using a full amount of water by comparison, particularly to larger families, staying in their house all the time. Mayor Pro Tem Schermer felt that question could be turned over to the Utility Advisory Committee. Councilman Stamon stated she had discussed that issue with the UAC and that Committee would be happy to contact him. Fred Charo, 101 East Fifth Street, felt that the citizens were not respon- sible to pay for a service which is not provided,.iptating he believed the present rates covered the current service. He felt that ratepayers were getting "shafted" again. He made reference to general taxation, stating the people have been taxed more than what was assessed as their fair share and that the people were not being provided the services they are paying for. He felt the people hired the government to do their job and in his opinion the government was not doing it in the most cost effective manner. He felt they should not pay the rate increase. He also commented on the rate increase for Solid Waste. Jerry Newlin, 717 South Peabody Street, asked how much of the current proposed rate increase might be necessary if the waiver were not issued. Public Works Director Pittis stated the proposed rate increase involved approximately $200,000 for a year. He stated it would take approximately four years at that same rate (if nothing else increased) to pay for the 1984 dollar costs of $800,000. Mayor Pro Tem Schermer asked for further comments. There were none. Therefore, he closed the public hearing. Mayor Pro Tem Schermer then read the Ordinance by title, entitled ORDINANCE NO. 2437 AN ORDINANCE of the City of Port Angeles, Washington, revising sewer service rates and amending Chapter VI of Ordinance No. 2394 and Chapter 13.65 of the Port Angeles Municipal Code. CITY COUNCIL MEETING 6 8 5 February 17, 1987 Councilman Stamon regretfully moved to adopt the Ordinance as read by title. Councilman McPhee seconded. Councilman Stamon requested Attorney Knutson explain the details and penalties the City might face for non- compliance. Attorney Knutson then explained the legalities of such actions. During discussion, Councilman Stamon spoke in favor of the motion, stating this same issue was being discussed two and one -half years ago when she became a Councilmember, and that her initial reaction was similar to Mr. Alexander's. She stated that in considering all the factors involved, this was the only and the best way. She was still hopeful that the waiver process would be successful. Councilman Stamon then urged members of the public to call, write, protest and do anything possible to let people know how they stand on this issue. She stated she was not sure how much good it would do, but still encouraged the action. She felt it prudent to take the initial steps in developing funding to build the plant. Discussion followed. Councilman McPhee felt that the issue of a $200,000 bill for the Water system that was not budgeted, in addition to all the other stuff, was not being addressed. He stated he was going to vote in favor of this item, stating that he was a practical person and that he had stated several times he felt government was getting out of hand. He stated that because he was practical, he knew our State Representatives and the Federal government had been ineffective in this and doubted that we would be effective in writing letters, }1t4t. st' ll encouraged the public o do it He stated ,he SDI 2. I 0.S C�lS2r u.< t' e_ n� s1 t�, th i i increase because He- stated is cirrent proposal was one that we (the Council) did not have x any control over and he had no problem at all in voting for it. On call for the question, the motion carried. C. Consideration of Campbell Avenue Sewer L.I.D. Final Assessment Roll Ken Ridout, Office Engineer, stated that two protests had been received on the assessment. He then distributed copies of protests from Donald G. Failes of 1406 Campbell Avenue, and Joe and Eva Reidel of 1803 East Lauridsen Blvd. to the Councilmembers. He summarized the contents of the letters and protests and publicly responded to the points made in the letter of Mr. Failes. Discussion followed. Mayor Pro Tem Schermer then opened the public hearing. Donald Failes, 1406 Campbell Avenue, stated he was here not to protest the actual L.I.D. itself, realizing it would benefit him if and when he decided to connect into it, but basically he was protesting the dollar amount he was being assessed. He felt he was being overasse4sed for what was being done. He stated the sewer extension was going to by -pass him and he would have to pay additional costs to extend his system. Discussion followed. Robert Coulter, 1452 Eckard Avenue, stated there were similar cases to Mr. Failes'. He stated he intended not to hook up to the system as he had his own septic system. There were no further comments; therefore, Mayor Pro Tem Schermer closed the public hearing. Mayor Pro Tem Schermer then read the Ordinance by title, entitled 6 8 CITY COUNCIL MEETING February 17, 1987 ORDINANCE NO. 2438 AN ORDINANCE of the City of Port Angeles, Washington, approving and confirming the assessment and the assessment roll in Local Improvement District No. 207 for the construction of certain improve- ments within the City and levying and assessing the amounts thereof against certain property as shown on said assessment roll. Councilman McPhee moved that we accept the list of expenses and justifica- tion for City contribution and the final assessment roll. Councilman Hesla seconded. Councilman Stamon noted as a point of order to include adoption of the Ordinance as read by title. Councilman McPhee concurred. During discussion, Councilmembers considered Mr. Failes' objections. Following discussion, on call for the question, the motion carried. D. Street Vacation for M R, SV -87 (2) 1 "F" Street North of 4/5 Alley Mayor Pro Tem Schermer opened the public hearing. Jerry Cornell, 824 West Fourth Street, made reference to the Comprehensive Parks Recreation Plan from 1978, noting that it recommends the City encourage the development of street -ends into parks and access points. He inquired of the Councilmembers what would replace this as a public access viewing point if they approved the vacation. Mike Lemon, 1026 West llth Street, spoke on behalf of the Planning Commis- sion, stating that in this situation, the property was private property owned by M R. Councilman Hallett inquired if Mr. Lemon felt the City would not lose any potential future opportunities if the Council upheld the Planning Commission's recommendations. Mr. Lemon stated this was his opinion. Discussion followed. Carl Alexander, 1712 West Fifth Street, spoke in favor of developing that area as a public view point and supported Mr. Cornell's statements. Richard Stroble, General Manager of Merrill Ring, 660 Hunt Road, stated that Merrill Ring had owned the property for about 16 years and provided further background on the area and the history of the vacation request. Discussion followed. Evelyn McElravy, 1505 West Fifth Street, also spoke in favor of obtaining that property as a viewpoint and agreed with Mr. Cornell's statements. Jack Andis, 1012 Mt. Angeles Road, an employee of Merrill Ring, recom- mended that compensation for the vacation be used to develop other dead -end streets as viewpoints. Eleanor Saar, 1432 West llth Street, urged CouncE lmembers to keep the trails and the viewpoints as they are. Ralph Steele felt there was some misunderstanding as to the type of prop- erty this was, stating it was a very small dead -end street. He felt the area was so small it was not feasible for a park. He stated the policy was very good, but not in this situation. Mayor Pro Tem Schermer asked if there were any further comments. There were none. Therefore, he closed the public hearing. Mayor Pro Tem Schermer stated that the Real Estate Committee had not had an opportunity to meet on this issue and that he, as a member of that Com- mittee, did not agree with the assessment at all of view property. He suggested action be delayed until a recommendation was brought back from the Real Estate Committee. Councilman Stamon spoke in favor of this suggestion. Discussion followed. Councilman Stamon then moved to defer action until the next Council meet- ing. Councilman Hesla seconded. Councilman McPhee wondered what would be gained by deferring action. Mayor Pro Tem Schermer stated that some of the Councilmembers wanted to have the opportunity to go out and view the prop- erty. On call for the question, the motion carried, with Councilmen Stamon and Hesla voting "Aye Councilmen Hallett and McPhee voting "No and Mayor Pro Tem Schermer casting an "Aye" vote. Mayor Pro Tem Schermer opened the public hearing and asked for comments. There were none; therefore, he closed the public hearing. Mayor Pro Tem Schermer then read the Ordinance by title, entitled Councilman Hallett moved to adopt the Ordinance as read by title. Council- man Stamon seconded, including under Section 2 of the Ordinance, Compensa- tion, that the amount be zero, as per the memo from staff. Councilman Hallett concurred. On call for the question, the motion carried. 3. Planning Commission Minutes of February 11, 1987 Councilman Hallett moved to concur with the Planning Commission's recom- mendations and approve the Shoreline Substantial Development Permit for Crown Z to construct a bulk storage silo tank at the existing Mill site, located at Marine Drive, citing the following finding: (1) The proposed development is an upgrade of an existing activity on the Crown Zellerbach Mill facility; accordingly, the permit complies with General Regulation C.1 and C.4. Councilman McPhee seconded and the motion carried. Councilman Hallett moved to accept and place on file the Planning Commis- sion minutes of February 11, 1987. Councilman Stamon seconded and the motion carried. The Council then moved Item 13 up on the Agenda to be discussed at this time. 13. Discussion of Completion of the Waterfront Trail Through Crown Z Hattie Berglund, 1834 West Seventh Street, stated that she expected to see the completion of this Trail by May 26, 1987. Following discussion, Councilman Stamon moved to have staff communicate in writing to Crown Zellerbach on the Council's sincere hope that they will complete this project prior to the expiration date because we would sure hate to pull their Shoreline Permit. Councilman Hallett seconded the motion. Council- man Stamon restated her motion to clarify the wording that Council instruct staff to contact Crown Zellerbach in writing and express Council's expec- tations that this project be completed by May 26th of this year and that if that is not the case, that it would have to give very strong consideration to termination of their Shoreline Permit. Councilman Hallett concurred with the re- wording. On call for the question, the motion carried. BREAK E. Street Vacation Priest SV- 87(2)3 First /Alder Streets ORDINANCE NO. 2439 AN ORDINANCE of the City of Port Angeles vacating a portion of First Street. B. Acceptance of Minutes CITY COUNCIL MEETING February 17, 1987 A. Shoreline Substantial Development Permit for Crown Z Approved Mayor Pro Tem Schermer adjourned the meeting for a break at 10:30 P.M. The meeting was reconvened at 10:45 P.M. Manager Flodstrom noted that the items that would need to be considered tonight were Items 5 and 6. 5. Request for City Council Approval on Selection of Members of Civil Service Interview Panel for Clerk /Dispatcher Examination Councilman Stamon moved to approve Harriet Buchmann and LaDonna Devalla to serve on Police Clerk /Dispatcher Interview Board with Personnel Manager Bob Coons. Councilman Hallett seconded and the motion carried. 687 6 V V CITY COUNCIL MEETING February 17, 1987 6. Consideration of Surplus Firm Power Sales Contract With BPA Mayor Pro Tem Schermer read the Resolution by title, entitled RESOLUTION NO. 07 -87 A RESOLUTION of the City of Port Angeles authorizing the Mayor to execute a surplus firm sales agreement with the Bonneville Power Administration. Councilman Stamon moved top pass t Resolution as by title. Council- man Hallett seconded ands the mo ion ca�i d. vlc i �iee ex I S( cl Yl i S _C'+L L L L vice Yl j Upon consensus, it was agreed to place the remaining items on the Agenda of the next Council meeting, to be held March 3, 1987. VIII ADJOURN TO EXECUTIVE SESSION Mayor Pro Tem Schermer adjourned the meeting to Executive Session at 11:00 P.M. for approximately twenty minutes to discuss litigation. IX RETURN TO OPEN SESSION The meeting was returned to open session at approximately 11:22 P.M. X ADJOURNMENT The meeting was adjourned at approximately 11:25 P.M. /6 LIIIILELACTIV Clerk Mayor L, if