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HomeMy WebLinkAboutMinutes 03/16/1976 08 CITY COUNCIL MEETING Port Angeles, Washington March 16, 1976 CALL TO ORDER The meeting was called to order by Mayor Olson at 7:30 P.M. I II ROLL CALL Members Present: Councilmen Anderson, Buck, Hordyk, Ross, Wray. Members Absent: Councilman Haguewood. Staff Present: Manager Whorton, Attorney Taylor, Clerk Parrish. D. Flodstrom, H. Kochanek, J. Warder, P. Reed, R. Parrish, D. Frizzell, P. Carr, K. Rodocker, J. Hill. Guests Present: R. & J. Sargent, V. & M. Allison, D. Phillips, R. Love, L. Mydon, C. Haines, W. Catton, C. Friedman, D. & R. Dickinson, B. Macomber, F. Christian, B. Jacobs, D. McLean, B. McLean, W. Rhodes, G. Mariorty, B., H., and J. Vail, N. Clement, J. Tanner, K. Clerk, E. Bond, J. Cox, C. Buchmann, M. Hicks, G. Young, G. Albette, R. Nesany, L. Switzer, F. Dalton, R. McStotts, M. Hanes, B. Babbitt, B. Myren, L. Roline, M. Mattila. III MINUTES Councilman and placed I and passed IV FINANCE Hordyk moved the minutes of the March 1, 1976 meeting be accepted on file as received. The motion was seconded by Councilman Buck by the Counci 1. 1. Bid Call Authorization. Councilman H~rdyk moved the Council authorize the call for bids for one van and one fpur-door sedan for the police Department and one ~ ton pickup for the Sewer Department. The motion was seconded by Councilman Ross. and carri~a by the Council. 1976 Budget Items. 2. Bid Award. 3. Mayor Olson read ti,ght Superintendent Honnold's report on the bids received for one .1i~~ KVA pad mounted 3 phase distribution transformer, 12470Y/7200 volts p~imary and 208Y/120 volts secondary, to be used at Olympic National Park Headquarters. Councilman Wray moved the Council award the bid for one 112~ KVA pad mounted 3 phase distribution trans- former to low bidder Graybar Electric Company, Tacoma, at a total cost of $2,086.35 including sales tax. The motion was seconded by Councilman Hordyk and passed by the Council. Other firms submitting bids were Utility Supply Co., Tacoma, $2,691.15; Anixter-Pruzan, Seattle, $2,221.54; General Electric Supply, Tacoma,. $2,328.90; and RTE, Tigard Ore., $2,100.00. Vouchers Payable, LIDs, Payroll. Councilman HOrdYk moved the Council approve $383,889.54 Vouchers Payable, $90.00 LIDs, and $107.316.96 f,pyroll. The motion was seconded by Council- man Ross and carried. V; ; ~ " .1 I ~~~i~8-g~i-Eg' g:C;i~ ~o"6~~ ~v-~"5 ~Es- C):Ct ~ ~i~~i~:~~::!i~ >~~i B~:~i ~!~~ -;~~~~~ ,~. ~ U)1i>bU)c~,..,=~c::1;::'L:~"'E 0'1: ui5:~.sc: 't;Su>~ mt~"-a.~o an t wLL~.~~;~<l~~:~~:$!i~E .~~4 '~~~2~ ~~~.~ t.~.~~~~~.~ - om>ot...:ft: ..o.U~~ftIol1J-e::::s~- ~t: OQJIE ~ Q,vc;::l ..".a;;11l_~(lJ-(l1.. .~w~igU~~~~~;~~~,,-~~~ ~~ ~Ee~~ o~~~ ~n~iQ.~~~~~ t--.uOI.. ~. ('1)"-,- '!:IV oUlC-e- QJ vl1l. dtJ:-O ....... 1IJ." - \~~u.~=t3:..::~_~~~g'';~~~oo.. 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By letter dated March 16, 1976, which Mayor Olson read in full, Light Superintendent Honnold reported concerning the City's sale of three used surplus transformers to high bidder Liberty Motor and Machinery of Chicago, Ill., on November 18, 1975 for $9,911, with a 90-day limit for full payment and removal of the equipment. The I' situation to date is that even though the City has made numerous attempts to contact this firm, the Company has failed to comply with c. the bid terms. Finally on February 24, 1976, the City notified subject firm by certified letter than non-compliance would result in forfeiture to the City of their $500 bid deposit check, which the City subsequently cashed after conferring with Attorney Taylor. Second high bidder Martin Electric has expressed continued interest in one or more of the units when contacted. It is Mr. Honnold's recommendation that Martin Electric be presented with the option to either purchase all three units at their November 13, 1975 bid price of $9,480, or, purchase the one desired unit at the price quoted by the high bidder (M.E. failed to bid unit prices), with bid terms of a 45-day limit for full payment and removal of the equipment; if Martin Electric rejects this offer, then the equipment would be rebid at a future date. Councilman Wray moved the Council authorize City Management to proceed with Light Superintendent Honnold's recommendation as stated above. The motion was seconded by Councilman Ross and passed by the Council. V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Duane Dickinson addressed the Council regarding the forthcoming July 17 I and 18, 1976 Angeles Arts in Action Fair scheduled to be held on Laurel Street. Mr. Dickinson presented a petition to the Council si9ned by the owners of twelve Laurel Street business establishments requesting that the Fair be held at a location other than Laurel Street because this lo- cation creates terrible congestion to visitors and customers during the busy tourist season; the petition contained other suggested locations for the Fair. Mr. Dickinson stated this petition was presented to the Arts in Action Cou~cil on March 15, 1976 and then pointed out some of the problems associated with the Fair such as the lack of adequate sanitation, water and power facilities. At this point, Les Roline, Angeles Arts in Action Board Chairman, addressed the Council and presented a fact report pertaining to the Fair. The report informed the Council of the purpose of the Fair, the efforts that are being made to control the Fair and resolve the associated problems, and the Board's desire to cooperate with the local businessmen. The matter was discussed at length and concluded with Manager Whorton recommending, and the Council concurring, that this matter be referred to Parks Director Frizzell and Police Chief Kochanek to work with the involved parties to resolve this problem and report back to the Council. VI LEGISLATION 1. Mayor Olson presented a "Certificate of Award" to Gerald Young in I recognition of his six years of meritorious service as a member of the Port Angeles Planning Commission and extended the Council's I". appreciation to Mr. Young for his years of devoted service. Mr. Young thanked the Council for the award and commented in response to Council- man Ross' request he reconsider serving another term, that he felt more .interest would be displayed in serving on the Planning Commission if the Council would reduce the 6 year term of office to three years. I I I 91 CITY COUNCIL MEETING March 16, 1976 VI LEGISLATION 1. cont. At this time, Mayor Olson read a PROCLAMATION proclaiming the week of ~larch 14 through 21, 1976 as "Jnternati ana 1 Demo 1 ay W.eek," whi ch was pre- sented to the Council by Bruce Babbitt. Councilman Hordyk moved the Council authorize Mayor Olson to sign this Proclamation on behalf of the City. The motion was seconded by Councilman Ross and passed by the Council. . 2. Mayor Olson introduced the next Agneda Item relating to Northern Tier Pipeline Co.'s preliminary permit application, which this firm filed with the Washington State Department of Ecology for the proposed construction of a pipeline through the State of Washington with an accompanying marine terminal in the inner harbor area of Ediz Hook, Port Angeles, Washington, and the subsequent communications between officials of the Department of Ecology, the City, the County and the Port. Several information documents were before the Council for their con- sideration at this time, namely, Northern Tier's ECPA Application, a letter from J. Biggs, DOE Director, a letter from D. Lundblad, DOE Environmental Review, a DOE Listing of Required Permits, Manager Whorton's Response to letter from D. Lundblad, DOE, and the City Planning Depart- ment's Environmental Checklist. Manager Whorton briefly reviewed the subject matter of the documents which summarize the events that have occurred since March 3, 1976, the date Northern Tier filed their preliminary application with DOE. Explaining that the City hasreen requested by D. Lundblad of the DOE Office that acts as coordinator of applications to respond by March 20, 1976 to certain points based on the review of Northern Tier's prelimi- nary application, Manager Whorton stated his letter to Mr. Lundblad points out the City's major concerns regarding this issue and requests that Port Angeles and C1al1am County be named as the Lead Agency through an Inter-Local Agreement. As the letter may be construed as official policy of the City, Manager Whorton recommended the letter have the approval of the Council. Manager Whorton also recommended an evaluation of Northern Tier's financial stability should be conducted to assure that the firm and its affiliates, if any, are fiscally able to assume the financial responsi- bility for an environmental impact statement, estimated to cost several hundred thousand dollars, and all other associated impact costs. At this point, Clallam County Prosecuting Attorney C. Ritchie addressed the Council concerning this matter and indicated that the County has initiated an investigation of Northern Tier's net worth through Dunn and Bradstreet at an estimated cost of $760.00. The County and the PUD Commissioners have each approved payment for one-third of the cost of the study and the County request the City assume the remaining thirty-three percent of the cost. Councilman Ross moved the Council approve this expenditure in an agreement with the County and also approve Manager Whorton's response letter to D. Lundblad, DOE. The motion was seconded by Councilman Anderson. A discussion ensued during which Councilman'Hordyk expressed his objec- tion to the Taxpayers assuming the cost of the aforementioned investi- gation when the City has had no direct contact from either Mr. Curran or any other representative of the Northern Tier Pipeline Company. Council- man Hordyk then moved the Council table this matter until a full Council is represented. The motion was seconded by Councilman Wray. The motion carried with Councilman Anderson voting "NO." Manager Whorton requested a Council decision at this meeting regarding his response letter to D. Lundblad, DOE, with the Council authorizing Manager Whorton to forward the letter to DOE. 3. Mayor Olson read the minutes of the Port Angeles Planning Commission March 8,1976 meeting with the following action being taken by the Council. ~2 CITY COUNCIL MEETING March 16, 1976 VI LEGISLATION 3. cont. Councilman Ross moved the Council concur with the Planning Commission's recommendation and approve a conditional use permit for Mr. and Mrs. E. Bond to construct a single-family residence in the CSD-Cl zone on the southeast corner of 14th and "C" I Streets with the abutting RS-7 zone regulations governing the site. The motion was seconded by Councilman Hordyk and carried. Councilman Ross moved the Council deny Jack Plaskett's request for the vacation of the easterly 10 feet of Penn Street from the south margin of Front Street to the north margin of First Street (Highway 101). The~motion was seconded by Councilman Hordyk. On the Mayor's call f~r discussion on the motion, Bob Love, representing First National Hank3 requested the Council delay this street vaca- tion pending the Bank's research into the effect the street vacation would have on their property. Attorney Taylor-advised the Council at this point that action on the request~d ~treet vacation is premature as State Statutes stipulate specific procedures to be followed in street vacations beginning with a petition or resolution followed by a public hearing and Ordinance. (Reference RCW35,79.010-050.) It B' noted a petition was not in evidence. On the Mayor's call for a vote on the motion to deny the street vacation, the motion was passed. Councilman Wray moved the Council concur with the recommendation of the Planning CQmmission and approve a one-year extension of the conditional use permit granted to Charles E. Friedman, 814 W. 11th Street, on September 16, 1975 to operate a ceramic studio as a home occupation in the RS-7 zone. The motion was seconded by Councilman Hordyk and passed by the Council. Councilman Wray moved the minutes of the Planning Commission March 8, 1976 meeting be accepted and placed on file as read by Mayor Olson. The motion was seconded by Councilman Buck and carri ed. I Mayor Olson read a letter from the Planning Commission which called to the attention of the Council the right-of-way and alignment difficulties existing at the Front Street entrance to the east city limits. The Planning Commission also strongly recommended the immediate acquisition by the City of adequate right-of-way across the property on the south side of Front: Street to allow for improving the traffic circulation, alignment and widening of this approach to the city, in view of pending development of the privately owned property in this area. Manager Whorton reported that discussions have been held with Mr. Plaskett, owner of the property, regarding the possible curtailment of any further development in this area.to preserve the required future right-of-way. Manager Whorton also stated the State Highway Department have included the "East City Limit Improvement Project", in their 1977-79 biennium budget. While considerable discussion was devoted to this subject, no action was taken by the Council on this matter. F. Dalton's preliminary plat of "Seabreeze Estates" Block A in suburban lot 53 on the southeast corner of 10th and "N" Streets I was taken under consideration by the Council at this time. It is noted that this subdivision platting matter was conSidered and acted upon by the Planning Commission at their March 8, 1976 meeting, however, due to a misunderstanding, no action was taken by the Council at the time this item appeared in the Planning Commission's minutes. I I I j3 CITY COUNCIL MEETING March 16, 1976 VI LEGISLATION 3. cont. Mr. Dalton was in attendance and presented a map of the preliminary plat. The natural drainage situation across lots 4-9 and the associated developer reimbursement problems were dis- cussed at length with Mr. Dalton, Manager Whorton and the staff. fOllowing the discussion, Councilman Buck moved the Council concur with the Planning Commission's recommendation and approve F. Dalton'~ preliminary plat of Block A "Seabreeze Estates" contingent upon the natural drainage situation across lots 4-9 being adequately taken care of to the satisfaction of the Department of Public Works and further contingent upon the south half (35') of Twelfth Street right-of-way being dedicated before any dwelling on lots 23-29 could be occupied. The motion was seconded by Councilman Wray and passed by the Council. 4. Letters of notification from the Washington State Department of Ecology and the U. S. Environmental Protection Agency of project approval and certification by each agency of the City's application for a Step 1 Facilities Plan grant were read by Mayor Olson. Manager Whorton briefly 'reviewed this matter stating that the purpose of this sewerage study is to determine the most feasible method for reducing or elimina- ting the causes of overflows, bypasses and treatment plant overloading during periods of inclement weather and high ground water conditions, and, additionally, to identify the most practical and economical methods of complying with the additional treatment requirements, such as secondary treatment, of the City's NPDES permit. CH2MHill will be doing the study and they have been informed that the first priority of the study is the Forrest Avenue area. If problems develop in the study of the sewer 1 i nes, additi ona 1 funds wi 11 be reques ted, the study will be delayed, and a TV study of the line will be made. The action required by the Council at this meeting is their authorization for Mayor Olson to sign the "Grant Agreements" whereby the total cost of the study, in the amount of $90,370, will be financed by DOE (15%) EPA (75%) and the City 10%. Councilman Hordyk moved the Council authorize Mayor Olson to sign the DOE and the EPA "Grant Agreements." The motion was seconded by Councilman Ross and passed by the Council. 5. Mayor Olson introduced and read a letter from N. Harrison, Vice- President of Sunnyside Enterprises, Inc. expressing the firm's interest in purchasing the City-owned Morse Creek Gravel Pit property. Manager Whorton informed the Council that the useful life of this site as a gravel producing pit is over and the City uses the property for material storage and stockpiling. Should the Council decide that a portion of this property is surplus, it would be Manager Whorton's recommendation that the City retain an area for material stockpiling, bone-yard storage, and as a location of a sludge drying pit, and, to obtain an appraisal to properly determine the value of the property. The Council dis- cussed this matter with Manager Whorton, with Attorney Taylor advising the Council that it is unnecessary for the City to call for bids for the sale of surplus property. FOllowing the discussion, Councilman Ross moved this matter be referred to the Council Real Estate Committee. The motion was seconded by Councilman Buck and passed by the Council. 6. Councilman Hordyk moved Agenda Item No.6, "Charges for clean-up of Peabody Oil Spi 11-tab 1 ed March 1, 1976", be taken from the table. The motion was seconded by Councilman Ross and carried by the Council. After a brief review of this situation to date, Manager Whorton informed the Louncil that the City has been requested by the U. S. Coast Guard to pay for the cleanup charges on the Peabody Creek Oil leak problem since last July even though the City has had an informal agreement with the Coast Guard since July, 1975, for taking care of this situ- ation. Manager Whorton recommended the Council take official action to authorize City crews to take over the cleanup responsibilities and schedule a work session for further discussions on the legal aspects of the matter. Councilman Wray moved the Council authorize city crews to assume the maintenance responsibilities for cleanup of the oil leaking into Peabody Creek. The motion was seconded by Councilman Hordyk and passed by the Counci 1. 94 CITY COUNCIL MEETING March 16, 1976 VI LEGISLATION 6. Cont. After Mayor Olson noted Manager Whorton will be on vacation March 17, 1976 through April 4, 1976, a work session was scheduled for Thursday, April 8, 1976 at 7:30 P.M., in Manager Whorton's office. I 7. Councilman Hordyk moved the Council approve a Quit Claim Deed to John Selby to Clear Title of Mr. Selby's property located on the southeast corner of Boulevard and Lincoln Streets. The motion was seconded by Councilman Wray and carried with Councilman Ross abstaining. Richard L. and Adrienne Anderson's Quite Claim Deed was referred to the April 8, 1976 work session. 8. Agenda Item No.8, "Letter from Cl a 11 am County Committee on Fisheries re small picnic area near Elwha Salmon Rearing Channel- tabled 2/17 and 3/1/76," was left on the table. Manager Whorton reported the City is awaiting a response from the State on this request. 9. Councilman Wray moved Johnie Key's resubmitted request for the annexa- tion of Vista Meadows to the City of Port Angeles be referred to the Planning Commission. The motion was seconded by Councilman Buck. It is noted that due to the posting of an incorrect legal description of the property, the Planning Commission deferred this request to their March 22, 1976 meeting for reprocessing. Following a report by Attorney Ron Richards of a conflict of meetings on March 22, 1976, the question was called for by Mayor Olson and the motion carried. 10. The Plaza Annexation, Agenda Item No. 10, was passed over pending I action being initiated by the Clallam County Commissioners in reference to subject annexation. 11. Councilman Ross moved the Council appoint Colin Bennett, 3108 S. Peabody Street, to the Port Angeles Planning Commission for a six- year term to expire March I, 1982. The motion was seconded by Council- man Buck and passed by the Council. VI STAFF REPORTS 1. A motion was made by Councilman Wray seconded by Councilman Anderson and carried to accept and place on file the following December, January and February Staff Reports: Revenues and Expenditures, Treasurer's>Fire, Municipal Judge, Police and Utilities. 2. Councilman Ross: Requested progress report on Marine Drive and Truck Road Signalization Project; Public Works Director Flodstrom reported a meeting has been scheduled on March 22, 1976 with the Contractor. . 3. Mayor Olson: Welcomed new County Commissioner Mike Doherty; read letter from I Roosevelt Junior High School Principal Richard Lang re prOblems created by a Mobile Concessionaire- Chief Kochanek reported this matter has been referred to Attorney Taylor. I I I 95 CITY COUNCIL MEETING March 16, 1976 VII STAFF REPORTS 4. Councilman Wray: Commented on compulsory retirement of Policemen; recommended speed limits be repainted on City Streets; brought up for discussion the possi- bility of another left turn lane at the Front and Race intersection to accomodate more vehicles turning south on Race; commented that Council members had filed an application to withdraw from the Social Security System during Mr. Puddy's management; Manager Whorton will check. 5. Council man Anderson:_ Commented on condition of L.I.D. No. 198 Streets. VII ADJOURNMENT The meeting adjourned to executive session regarding the Burrowes Morse Creek Law Suit at 9:25 P.M. ~'A-~ e,~ City Cl et-\ /MIl!: -,;"'" , , ~" 32\76 . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY ! GIVEN that at 7:00 P.M. on the I nnd day of March, 1976. In the Council Chambers at 134 W, Front Street. the City Planning Commission will conduct a public hearing on a reQuest to - annell to the Clly of Port Angeles the following described property: The Northeast Quarter of Section 22. Township 30 Norlh. Range 6 West W_M" Clallam County, Washington. Ellcept the North"ast Quarter at the Northwest Quarter of said subdivision: And except Ihat portion of said pr"mlses lying weslerly on th" tollowing described line: Beginning at a point on the South line ot said I~ Section 22 that bea.. North 88 degrffS 03 minutes 04 seconds Wesl a distance of 340.56 feet from the southeast corner therl!Of; thence North 4 degrees 03 minutes J4 seconds East a distance of 1876.76 f""t; thence North 88 degr""s 09 minutes 49 seconds west a " I r~~CneceN~i':h ~r~~ --1' minutes J4 second.' E.ut a dlst...nce of 725.25 feet; I thence North 88 degrees 09 itil minutes 49 seconds West a distance of '281.8 feel;" thence North 14 degrees 55 I minutes II seconds West a distance ot 1498.53 feet; thence North 1 degree 30 " I minutes 32 seconds West a distance of 718.9 feet thence North 87 degrees 21 minutes 42 secondS West a dlstanc" of 331.9 feet; thence North I degree JO minutes 32 seconds west a distance Of 570 teet; thence North 19 degrees 54 minutes East a distance of 200 feet to Ihe terminus of this line descriptIon. Also except the North 30 feet of said premises conveyed to Clallam County by deed recorded under Auditor's File No. 413543. The West Half of Ihe Northwest , Quarter and that portion of . the Northeast Quarter of the Northwest Quarter .__.__ ....__.. _. "L~ ... ~~ -:b~ Mayor , , .d , I i FUe No. 413543. The West Half of the Northwest Quarter and that portion of the Northeast Quarter of the Northwest Quarter lying West of the Mt. Angeles Road and thet portion of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter tying West of the Mt. Angel es Road, a" in Sectlon 23, Township 30 North.. Range 6 West, W.M... Clallam County, Washington. Except the North 30 feet of sa id prem ises conveyed to Ctallam County bV deed recorded under Audltor"s File No. 413543. The East Three.fourths of the South Half of the Southeast " Quarter of the Southeast Quarter of Section 15, Township 30 North, Range 6 West W.M.; and the West Ha'f of the Southwest Quarter of the SOutheast Quarter of the Southeast Qua rter of sa i d Sect ion 15; except that portion conveyed to the State of Washington.. by deed dated January 19, 1966i Situate in Clallam County, Washington. All I nterested person s are 1 nv ited to appear 8nd volee thelr opinion on the annexation request" Paul Carr, Cltv Planner CIty of Port Angeles Pub..: March 21, 1976.