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HomeMy WebLinkAboutMinutes 03/06/1980 ?.40 CITY COUNCIL ~mETING Port Angeles, Washington March 6, 1980 , 'I . CALL' TO 'ORDER The continued meeting of March 4, 1980 was called to order by Mayor Haguewood at 6:00 P.M. II ROLL CALL Members Present: Mayor Haguewood, Councilmen Boardman, Buck, Duncan, Hordyk, Polhamus, Quast. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Miller Deputy Clerk Caso. M. Cleland, P. Carr, R. Rego, R. Orton, D. Frizzell. Guests Present: L. Sunny, E. Tinkham, V. Ells, J. Ells, B. Hunt, A. Rud, J. Burnett, R. Gesellchen, F. Cummings, D. Lunn, P. Fischer, C. Rennie, M. watson, O. Watons, J. Ward, S. Baker, B. Matte, D. Rudolph, K. Pultz, L. Latvala,' P. Bredl, H. Hodgen, J. Swingle, H, Pollard. III - IV Suspended V LEGISLATION 1. NORTHERN TIER NEGOTIATIONS Durin~ the March 4, 1980 regular Council meeting, representatives from the Northern Tier Pipeline Company addressed the Council in regard to further communication with the City for the purpose of identifying mitigating measures for as many local impacts as possible. At this meeting, Manager Flodstrom read in full a memorandum from the Manager and staff containing: (a) the City's policy towards the proposed pipeline project; (bl general guidelines for the negotiations; (cl a meeting format: (d) topics of discussion; and (el suggested topics for the first meeting. During discussion on the memo, several comments were made concerning the action taken by the Council at the' March 4th meeting on the Northern Tier negotiations. Subjects discussed included the Council's letter to Northern Tier, signed by each Councilmember and expressing the City's willingness to negotiate; a telegram from Representative Andrew Nesbit requesting the Council table any further action on negotiations with Northern Tier until after the current legislative session; and attendance at the negotiations by oilport attorney John Keegan. Councilman Buck then thanked staff for the work presented at this meeting and moved the Council accept and place on file the memorandum from Manager Flodstrom and staff con- taining the general guidelines, meeting format, generalized list of topics to be discussed and the tentative suggested topics for the first meeting, as reflecting the Council's intent for the proposed discussions with Northern Tier. The motion was seconded by Councilman Quast. During discussion on the motion, Councilman Duncan suggested that negotiations be done by City staff, with the Council as the decision making body only. This suggestion was discussed at length by the Council and Manager Flodstrom, and then rejected. Also during the discussion, Councilman Hordyk stressed the importance of the Council being totally unified in its representation Of all citizens of Port Angeles in this matter; the Council must go.into,these negotiations as a one-unit body.. The Council also heard suggestions from Dr. Philip Overmeyer, a retired professor of labor ne- gotiations, on procedures which will make the negotiations prOductive and still protect the interests of the citizens of Port Angeles. Councilman Quast then moved to amend the motion as follows: separate the six suggested topics for the first meeting and have the first item (recovery of all City funds expended for application review and EFSEC participation) plus the establishment of ground rules as the first subjects to be discussed, and then proceed to the subsequent items. The amendment to the motion was seconded by Councilman Polhamus. On call for the question, the amendment to the motion was passed by the Council. The original motion as amended was then voted on and passed unanimously. Mayor Haguewood then declared a ten-minute recess. I I I -I .1 , '. March 6, 1980 .. . .~~. 1 t.". J. . ~,3;{'/IlO ~ ',), ." " \. TO: . CITY COUNCILMEMBERS ..::::-- FROM: CITY MANAGER AND STAFF SUBJECT: NORTHERN TIER DISCUSSIONS The City Council, at its March 4th meeting, reestablis hed its position that the City of Port Angeles supports additional communication between the City and the Northern Tier Pipeline Company. r,l ;. i ~ It is my understanding that this communiGation is intended to be in the form of open discussions and/or negotiations for the following purposes: 1. To obtain additional detailed information from NTPipeline Co. for the . ,i purpose of better assessing and mitigating the impacts on the City as ~, a result of the Northern Tier Project. 2. To identify and achieve mitigating measures for as many local impacts as possible. 3. To assure the citizens of Port Angeles that if EFSEC sites the Northern Tier facility in Port Angeles, the siting order will contain locally- established mitigating measures.' , It is not the purpose of these discussions or negotiations to in any way com- promise the City's Comprehensive Land Use Plan, Zoning ordinance, jojnt City-County agreements for legal services or the formation of the Task Force or any previously stated policy regarding this proj ect. The City's policy is and will continue to be: 1. There is no demonstrated need for an oilport at any pOjnt within the State of Washington. 2. There are signifiqant and numerous economic and environmentallmpacts, both beneficial and detrimental, and Significant and numerous risks of economic and environmental problems associated with the construction and operation of an ollport regardless of location. . ? . oil :~., _:.~.l. 'l" -,,>~.' : ~. ~<~":}f' , ..;:: \",' . ~ '.t~ '-':4-.~>"~'~~ . - '; 0../.;'.' ~ ;'the possibility of a catastrophic oil spil~ in.the Port Angeles ha~bor,.' .,.'....,.::..' .L , ' . ., ". ~..~';.:.:::~~~...f.~~( '"a:nd impac'ts on all city servi.ces associated with the cons,truction and :"',~,::,~;' +: ,'J' .. -:r.'" ...;, ':1\'. . J,. ;~~;:}Jgl'eration' of a facIlity of this size. . :;,:" ;.~.:,:,~.,,~.!t.: ~':" . T '~/~'it:. '.i~_~\ Tr - . '.. ~:.~ 1 . -:';~"/,':',~,ithout a demonstrated and sign!ficant need for the facilit'y, the in- '.:~"1 :~{~f:' . . .' ','f::I.,currence of the economic and environmental impacts and risks identi- ~l .;~jt, ,c ' . , ' :. '. ',. . . -... ..,.. , \~, ,,':fied in Paragraph 3 are not acceptable to the City of Port Angeles. _ '-.;~':'V .~.<{: ,-..1, , i, l . I ....:._..:,~..',..r..,..':'r :".,j:.",~ '"l t' . ';''i..: ~ ~ ... f.i: . "',;\':'(\) .}:.' - . ':,f .. " ': " ',. .. ~n'/ ;\; . 4-- ;'. , ~'... t. - ~ . .: . , . .: "':~1 '. .~;j~. ~".~. .", : . " ~ 't' . . !~. .'~ .~, . '.,'; r :,1: 'f .;I!~ . '-':,', ,; .. 'I :.;' '.': '; :.:~. '.There are'\:ertain definable and identifiable economic and erlViron- '> :~'.; '1.~f~.: ~ . ( ~', 7" ~ - ~.(; ,: T'~: ._ "~ .", ,." " '::U" :,>"mental impacts and risks associated with the proposed constr..uction , ~'{:.-:, ~" .. '. , "." .: . L 'and .operation of an oilport in Port Angeles. Among t~ose are t~e . " '.' ~~.: ~ ~- ~.~:.. ',' , , loss of harbot area for timber rafting, the possible loss of pulp and Paper mills due to electrical shortages and increased air pollution, , ,'~Until such time as it is clear that- there is a need 'for the f~cHilY I ~.' ,. i.~) ~~_:\. , . . . . . : "., ~ ~based upon either economic or national interest demands, the City of ~ . .,~)i': .;' ''''Port .Angeles is opposed to the construction and operation of an oilport : .' :Rr~... ..< ) " .',in the city and its environs. f. , 5. :.rn the processing of an application for site certification for an energy ., f. I facility pursuant to RCW Ch. 80.50, the City is required by law and by its duty to its citizens to provide information" criticism, and sug- . ... gestions for improvement on the proposed facility to the Energy Facility. .' ,-~. I ~. 11 I . .' .",.;,' ',',; :-;::ti: I~ ~. ; ::~ ' '. .' ~ir. (-I; .. , . 'c ',,\'~:i~;~1:~ ,'I, .~ . '" I.~' Site Evaluation Council. This information and criticism should be directed .-toward assuring that there is a full disclosure and discussi,on of all impacts and risks Of the proposal ( both negative and positive, particu- larly in light of the problems identified in Paragraph 3 above. 6. The City of Port Angeles should participate to the fullest extent in assuring that all information is presented to the licensing authorities and to the people of the City of Port Angeles and the State of Washirtgt.on -, . ,. ~.,_-"':... . .;"~.,.... . li'~: , ',J. , ': " .~: ~ . t I " ., .' '-~;: ~;} .':',"\lJ. ,: .:~!, , ,",il" l~~~::J. I , , "T... _. l." ",!i.I. i ,,:regarding 'the proposed Northern Tier Pipeline Company project. ,The Oilport Task Force created by joint action of the City of Port Angeles and Clallam County is the most economical and efficient means of . :,.: providing this information,. and participation in this project by City d~. . ~ ;:~~ ... ..". ~" >: '.t ~-~:~:'~~ employees and the public is encouraged. ': .'.;:~.~;~: As stated above, this is and will continue to be the City' 5 policy; however, ".~~',' , , " , ;~:: : :.;: ,;:\;i, J~,J; since the possibility exists that local opposition and policy could be overriden by the' ... ".:.. . . '. .' I.'~ .... .,~ .' ~':;' .. ::,,~t< State or Fede'ral Government, we must be prepared to mitigate the impacts of this pro- 1< J .-1-:,\' ject and to protect our City and those aspects of life which we now enjoy. ~~~. In order for this to occur and in order for these negotiations to be productive, .. there must be some general guidelines to follow and a procedural format for consider- ~.-t Ing issues. Therefore I the following attachments detaU some suggested ground rules, ',- " ! meeting format and discussion topics. . ~.. . 'N;. , ~f ~ .';,1 ~?? , ,i"'; I,i; (, . ~; ':' .1 :.~ ~ . ;.r:J :. 1'~ :'~'. ~f'1.t) '.1": ' c. ~Jh. .- -~.. ...~-I;' -;_~~ :\~~~,~1 ',~~.:~~;' _ :i>:W}~ ,.-, .~. . ::;r.,-I~ ~,i 'J~~: ~~~". - t: ',: J ..:y, -T. Y,-' '::~l ]r\~ : . -~. ~ . ~ .r1 . +, 'at ;~':;~.~ . . ~ ~ ~ ;. . ~1-L w ..;....., " I'- . " _I . .'fj.::;;;: 4 . ~.. ;.'~:.~~~~ . ;~~f1;:-: 's . . ~.:..>~~ ~~::'f~'. .)" .. ~'..~ " ,. j i".'.....-.. -,' .,~-~ .:t."~ ~"f. . ,,,i ~ . ,:",;;:: .. , .' t!o., . " (~\ . ...~.: ' ,.,""- . . .. .....; . '-" , "~"" ~ -. . ~ '1", . .,;~-\ ,:<-1. ;.~ .... ,.. ~ ,. ~'....-:: , :I:>~; . , ' ~;~ ' _I ,. .;~ , .'~ ,:~:V ;'i;;~ ' . ..t." ~ r . ."",",':. \,'!" , " ~ ~, . .~;:'.{i ,," ' , " ~ '": ;,'.' . ' " ~ . . . ~'. . . "\ '. ~. .,. .11, ',:.. .~' .. . , \ , ',..' ,'1, .'~," GENERAL GUIDELINES :__L~~': :. '.~ J.'I" '~... . 1. No formal discussions' or negotiations ,:",i11 occur without at least four members .', . of the City Council b~ing present. 2. All meetings between the Council and Northern Tier shall be open to the public I.. , ' ,~ . ~ <., ~. ;:'{ 'j c.. ',' ..... "l~~ .. ~,:" . ':<;:I' ',\','; . 'j~ ' f ." olio" -\...", ; .{~~. \,-T~.. ...~~~~ ~ ~. with appropriate pu~lic notice. ,,{,~>-~'1!t:. .""u .~. . .~'" . ,'." .. . : , ~. 3. All discussion or negotiation'meetings shall be recorded. ~t "''P'('' :"~ :-.".J:. ,..C' ~-" "'. ;'''::\. ,". Ne.9o~i~tions will be directed toward mitigati~g project impacts and not 'toward ":.,,,-" :..~.;.... :,":.- . :~:.,__~~:I~/~,;.,l' . . ~,,!., '-::~~ ,:;, . .... ~ ' ame'nd.ing ~xisting policy positions. !' :'<.;. .. .-."Ti.C. . .~ '. ~';'; .... ,. ~ . ~ - ,.-. - "',. All negotiating sessions will be held at mutually agreed upon times and places. :.~:~~... 6. ;~.. . " .~..~.. . ,i ~ ..- -.' Each party to these discussions must commit to good-faith negotiating and the ';' timely'resolution of the discussion items. - ~...~. ~ 7. Items of agreement 'and agreed upon mitigating measures ~ha;ll become part of the EFSEC hearings record. ,,-.~ - "- ,:,lit.. ":,-. .~ .~'.~-~~,:~{~,". , , -.', ~ " . ',~ , , "~ , ., ;/.~~" '.I~ i .1.(',;. . ~,. .:~}: ~- . , " .~: " .:.',',=".i., o' , .. . i.",: '..;,.. 3/6/80 t I MEETING FORMAT I Prior to Negotiation Meeting a. Review and formal acceptance of agreements of previous meetings. b. Council/Staff prepare is sues to be discus sed at next meeting (NTPipe- . , line Co. notified.) c. Staff prepares City1 s analysis (position paper) of each issue as to: 1. Impact 2. Mitigation d. Council/Staff review positIon papers. e. City /NTPipeline Co. exchange position papers on each is sue. f. Both parties review position papers for errors/deficiencies and needed clarifications. g. Staff prepares final position paper for Council with back-up data. h. Council/Staff (in executive session) review and determine parameters of the City's negotiating position. II Negotiation Meeting: a. Establish issues for next negotiating meeting. b. Opening presentations of City's position paper by Council or Staff. c. Presentation of position by NTPipeline Co. d. Open discussion - negotiation e. Caucus (both parties I if necessary) to consider acceptance, rejl?ction and/or compromise issues. f. Settlement or addition discussion of issue at hand. ) , g. Preliminary approval of is sue subject to final agreement at subsequent meeting. ) III Post Meeting Activities: a. Transcription of minutes of tentative agreements from meeting tapes. t I MEETING.FORMAT . \ ~\l; ~ ~ "";f t..! , ' III '; Post Meeting Activities (contd.) Note: These agreements would then be formally approved by the . ' City Council before the next negotiating session. , . . J' :' ::: .' ~~.J. ~ , , ". ",:~" : .: ~ ", ..~.~~~~~: ":~g :,~ . :-'~:' . ".'14 , " ~ :" ,b. Transmittal of conclusions to EFSEC for inclusion in EFSEC's records,~ :('. <. ~~.~ > ~. " :~" '. ..... ", ." " , "< :~ ~, ," , . > :' ...~:-" i. . ".,.. , "':;~ij;, , ,J) ~,~{(~l: -.,',' ._~'. ..r:i~J:I"" ~. \".~~':~.;'.~~' '~";Mfi .,',\1 .\.,. ,';,~(: ~J.~.Y'.... . :~~~~tZ.: . .~. .' ;.' .r j ".:' '!w,r ~.~.., , i" t ~I ,. ~.~ . . ',:1: c. ;$';: , " " ' ',,\,, " . ,t ./ , ; , , " uf., !~ i' ~. 3/6/80 < . ~ ~ . ; ~~~ :.-;.~:~ ~ t.... ,> ". . -~........... . ~. --... ._-_.._-~ --.---..., ~_'r._ "~. c' " f,.', 'l/....' . ?i'>}:~ ": '-'" :' , . . '. TOPICS OF DISCUSSION (NOT IN PRIORITY ORDER) ,'," , " ~ I , - ., ~ .' , '.~" Coordination and Review Pro~edure ~.. I '>~: , Housing needs and impacts " ' '.. '" Water Supply requirements .... .~~.I' olice protection .:':..;<~~- . ,~:}tl) Fire protection :~ ". V: . ~ t.~ :' F:';L ~, ':~L ,rand use impacts .;." ...'t~\: I .:~ ~. . ~. ~.::j;... . ...~. v':,," ~' . '-~::.:;~' Mitigating processs for unanticipated construction impacts ~H .,1.,: "J' ,.... ~-' ... " . 'Fiscal impacts (past, present, future) " , Electrical demands - curtailment plans , Sewer and Solid Waste requirements Traffic impacts - roadway repair and maintenance . :;.':,~ Construction materials availability, delivery, storage ... : , J' " .;;~' ~.~. Man power needs (local manpower usage) .,\~ . ; .ctual Site Location commitment .il spill contigency plan Relocation and/or compensation for loss of harbor area for timber rafting, boat launching and moor9ge facilities, USCG, etc. Taxes/economic as sistance Air quality Popula tion and Schools Emergency Services Aesthetics Environmental impacts CITY COUNCIL MEETING "l1arch 6, 1980 ;:\41 V LEGISLATION 2. ROOSEVELT GYMNASIUM I During the March 4, 1980 regular Council meeting, Derby Days Co-Chairman Jim Jones submitted a request for use of the Roosevelt gymnasium for the 1980 Derby Days Pool Tournament. Following the discussion on this request, Attorney Miller was directed to draft an ordinance for the allowable use of liquor at the present Roosevelt gym site, on a concession" basis. At this meeting, Mayor Haguewood read the proposed ordinance by title. Councilman Buck then moved the Council adopt the ordinance as read by title by Mayor Haguewood, with Councilman Hordyk seconding the motion. During the discussion which followed, Mr. Sy McLaughlin, Chairman of the Park and Beautification Board, informed the Council that three out of the four requests made by Derby Days are in conflict with either City ordinances or Park Board policy, and for that reason the Park Board has flatly rejected their letter. The Board disagreed with Derby Days request for the sale of liquor at the gym facility, their offer of $50.00 per day for clean-up of the facility, and their request for waiver of the rental fee. Mr. McLaughlin also pointed out that there is no smoking allowed on the premises and to "relax" that rule would be in vio- lation of the State Fire Code. Following Mr. McLaughlin's statement that the Park Board is opposed to allowing liquor in the Roosevelt facility, Councilman Suck withdrew his motion, with Councilman Hordyk withdrawing his second. Councilman Hordyk then stated that the issue of allowing liquor in the Roosevelt facility should not be delayed any longer, and moved the Council adopt the ordi- nance as read by title by Mayor Haguewood. The motion was seconded by Councilman Polhamus. During discussion on Councilman Hordyk's motion, Mr. McLaughlin pointed out that the Park and Beautification Board has not yet had an opportunity to re- view the proposed ordinance and could not make a recommendation at this time. Councilman Quast then moved the Council table the proposed ordinance in order to give the Park Board sufficient time to review the ordinance and make a recommenda- tion. The motion was seconded by Councilman Buck and carried. I SPECIAL MEETING V LEGISLATION 1. WATER RATE ANALYSIS In AUgust, 1979, the Council authorized a cost-of-service study to be completed on the City water rates following their action to decrease the minimum water rate base from $7.00 for the first 1,099 cubic feet to $7.00 for the first 2,099 cubic feet. The study, which was done jointly by Finance Director Orton and a consul- tant from Economic and Engineering Services of Bellevue, is almost completed, and the results thus far were presented to the Council at this meeting by Mr. Orton and Mr. Lynn Hanus of EES. I Finance Director Orton and Mr. Hanus both spoke at length to the Council in re- gard to the technical aspects of the study. Subjects discussed included the low rate of return on investment (2%); residential consumption forecast for 1979 as compared to actual consumption in 1979; comparison of average consumption by senior citizen households versus residential household users; rates of return for various water customers; basic theory and mathmatics of the study; water consumption by Industrial users; allocation figures for Fire Proection; a pro- posed base rate of $10.57 for 2,099 cubic feet of water; and the possiblity of "Lifeline" 'rates for senior citizens. The presentation concluded with several comments and questions from the Council and audience regarding conservation of water during peak load months; the factors used in determining the $10.57 rate; the advantages and disadvantages of special rates for senior citizens; and the possibility of selling Morse Creek to the PUD but retaining the water rights. There was no Council action taken on this agenda item. VI ADJOURNMENT The meeting adjourned at 9:15 P.M. ~ew~ City Clerk ~/~/ y4-""~",,f --Mayor ' '- tI .