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HomeMy WebLinkAboutMinutes 04/05/1983 I I I CITY COUNCIL MEETING April 5, 1983 CITY COUNCIL MEETING Port Angeles, Washington April 5, 1983 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, Whidden. Members Absent: None. Staff Present: Acting Manager Orton, Attorney Miller, Acting Deputy Clerk Headrick, M. Cleland, P. Carr, L. Glenn, D. Frizzell, L. Cosens, K. Ridout. Public Present: T. Sample, H. Berglund, M. Wait, B. McCrorie, E. Tinkham, D. Price, C. Lamb, L. Ross. II I MINUTES Councilman Polhamus moved the Council accept and place on file.as received the minutes of the March 15, 1983 meeting. The motion was seconded by Councilman Quast and carried. IV CONSENT AGENDA Councilman Hordyk moved the Council approve the items listed under the Consent Agenda including: (I) permission to release retainage of $2,000 to Gelco Grouting Service; (2) permission to call for bids for Street Lighting Retrofit project; (3) correspondence from the Washington State Liquor Control Board re license applications from Handi Spot Grocery, Shell Mart, and Carriage House Wines and a special occasion license application from the Nor'wester Rotary Club; (4) vouchers of $l,3l4,261.98; and (5) payroll of $188,098.98. The motion was seconded by Councilman Gerberding and carried. V FINANCE 1. Police Fleet Leasing Bids During the March 15, 1983 regular Council meeting, Finance Director Orton briefly reviewed the proposals received for leasing the police fleet. Those proposals were from (1) Birdwell Ford, Port Angeles (AAA Leasing); (2) Koenig Chevrolet, Port Angeles (American Leasing); and (3) Celco, Illinois (financing only). At this meeting, Mayor Duncan referred to a memorandum from Finance Director Orton which analyzed the police fleet leasing proposals in more detail and had the following conclusions: (1) expanding the police fleet to 17 single-Shifted vehicles from 6 triple-shifted vehicles is economically feasible; (2) financial analysis shows that the lease option is favored over the purchase option; and (3) the project would save the City $30,000 over the next four years in 1983 dollars. Police Chief Cleland then gave a brief presentation on how the fleet expansion would be operated and the advantages of such an expansion. Following this presentation, staff responded to several questions from the Council regarding what type of written policy would be needed on use of the vehicles by the officers assigned to them; maintenance costs and procedures; and the disadvantages of the leasing proposal versus the advantanges. Councilman Quast then moved the Council award the bid for leasing of the Police Department fleet to the low bidder, Koenig Chevrolet, and enter into a leasing arrangement with Koenig. The motion was seconded by Councilman Whidden. On call for the question, Councilmen Hordyk, Quast and Whidden voted "Aye" with Councilmen Haguewood, Gerberding and Polhamus voting "No". Mayor Duncan, voting to break the tie, voted "Aye" and the motion carried. 42~ 424 CITY COUNCIL MEETING April 5, 1983 Finance Director Orton then pointed out that American Leasing did not submit the government lease option which was requested in the bid specifications; the City will not accept a lease without the government fiscal funding clause. He will contact Koenr..~-c~PJ~~~t?t--r~crarqing this matter. NOTICE OF CAll FOR 8105 City of PorI Angeles j J light Department 2. Transformer Bids NOTICE is he,eby given Ihat . sealed bids will be received ' . . . by Ih" Cily Clerk,. City of ' f h Councilman Quast moved the CouncJ.1 concur WJ. t Port Ang"les, 140 W"st Frant)ll 0 t e Light Department and award the bid for five 1'slreet. P.O. Box 1150. Porl.o the low I . . h I Angeles. Washington 98362. 7 bJ.dder, RTE, Inc., of Portland, Oregon, WJ.t unlil 2:00 p.m. Morch 23. ~lus .8% tax, for a total bid of $25,467.75. The moti( 1983. and that the City will Councilman " reject 011 bids received -olt~r GerberdJ.ng and carrJ.ed. the scheduled closing time [ and dote. The bids will be opened publicly of thot time VI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA for furnishing Ih" following I equipment and/or material: "I . . . Item l,750KVA. 3'1'h"... . Ms. Evelyn TJ.nkham addressed the CouncJ.l and; podmounl '124707200 Y to J.f any research had been done on using tidal actio[ 480 '277 Y p"r loghl Ceparl :rici ty. Light Director Cosens responded that some co ment Sp",,, No. 27 ReqUiredfl hed this method' however staff has not suggested it lane (I) each. ause it " .11"m 2.300KVA 3.phas. presently is cost prohibitive. 'podmount 12470,7200 Y to 480/271 Y per tight Ceport. I menl Spec. NO.'17. R"qulred ITEMS FROM THE COUNCIL NOT ON THE AGENDA , one (1) each. I r Item 3. \ 67 I.phase polernovnt. 2 bL,lsh.ing 1200 I Councilman Quast and Attorney Miller briefly 110 4B0/240 per light Deparl. ess of the Community Service/Juvenile Diversion progra ment spec. No.3. Required k for I Ihree (3) each. I supervision, work scheduling and penalties f. Bid sp"cifications may be fr absence have been implemented. Councilman Quast also' obtained from the light De, k into the { partme-nt office at 240 West possibility of charging senior citizens who i Fronl.Slr"et. POri Angeles. e Senior Energy Credit program $4 per month for one ga Wash,~~ton 98362.. I .. A certlt1ed check or bid bond i for 5 percent of the OIllQunl Mayor Duncan noted that a womens' soccer tJ of the. bid shall accompany .he SKG eocn bId. All bids ere to In. , Frankfurt, is in town and will be playing ag~ c1ude delivery F.O.B. Port's Camera . t th S ttl S d Angel"s. Washinglon. A' I 6th soccer team prJ.or 0 e ea e Dun ers gam: Bids will be opened and prJ. . I I tabuloted for Ih" City Caun. VI I LEGISLATION cil for considerotion by said 0 J Cou~cil in their next regular: \ sessIon. 1 Public Hearing: Lamb/Harper Street & AI: The Council reserves. the! ~ right to conSider delivery 1 I time cnd to occept Or' to re- Mayor Duncan opened the public hearing on t! jeoc:t ~hn:re'::t. all bids or onYltion to vacate a portion of Fifth Street, a portion 0; rhe unil price shall prevail', a portion f h h/5 h II . f h' and the City reserves the, f S' h o t e 4t t a ey, a portJ.on 0 Fourt Stl, right to correcl ony exl"n. 0 J.xt Street, located west of the Tumwater Access R( sians or improper sales ::omments or questions from the audience. There were no ct ~:b~~'Mor. 11, 18. 1983 ~ic hearing was closed. " Mayor Duncan then introduced and read by title Ordinance No. 2253 entitled ORDINANCE NO. 2253 AN ORDINANCE of the City of Port Angeles vacating a portion of Fourth Street, a portion of Fifth Street, a portion of Sixth Street, a portion of the 4th/5th alley and a portion of the 5th/6th alley, west of Tumwater Access Road. Councilman Hordyk moved the Council adopt the foregoing Ordinance as read by title by Mayor Duncan, subject to the following conditions: (1) that utility easements as required by the Light Department be retained for the maintenance of the existing electrical facilities; (2) that a floodway/ drainage easement over Tumwater Creek, extending 10 feet from the west bank and 20 feet from the east bank, under which the Tumwater Creek cannot be further contained or altered without the approval of the City be retained and granted where the creek crosses the applicants' lots; and (3) that no further excavation occur at the base of Tumwater Creek ravine and that the ravine, wherever possible, be stabilized with appropriate structures and landscaped with grasses and shrubs suitable for a steep slope. Councilman Hordyk also added the fallowing findings of fact to his motion: (A) with the exception of existing Light Department facilities, the rights-of-way are not used for streets and underground utilities and are not likely to be so used in the future; (B) that the vacation will assist in the assembly of I 424 i Councilman Quast moved the council concur wit e eco en a ~on of the Light Department and award the bid for five large transformers to the low I bidder, RTE, Inc., of Portland, Oregon, with a bid of $23,625 plus 7.8% tax, for a total bid of $25,467.75. The motion was seconded by Councilman Gerberding and carried. CITY COUNCIL MEETING April 5, 1983 guf"'.M ^nUlISUj JO uosea.l l~ "Jf aJ!l1~ew nassnH o.\lIS s.lal(lIwMel :_s~~Jeq;) ~as uo pawnla.l Finance Director Orton then pointed out that submit the government lease option which wa specifications; the City will not accept a I fiscal funding clause. He will contact Koen~ matter. Stt8.~St SM9N AI!DQ a If! lid not ibid :vernment ing this 2. Transformer Bids VI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Ms. Evelyn Tinkham addressed the Council and staff to question if any research had been done on using tidal action to generate electricity. Light Director Cosens responded that some companies have researched this method; however, staff has not suggested it to the Council because it presently is cost prohibitive. ITEMS FROM THE COUNCIL NOT ON THE AGENDA Councilman Quast and Attorney Miller briefly discussed the progress of the Community Service/Juvenile Diversion programs since new rules for supervision, work scheduling and penalties for non-performance or absence have been implemented. Councilman Quast also requested staff look into the pOSSibility of charging senior citizens who are presently on the Senior Energy Credit Program $4 per month for one garbage can. Mayor Duncan noted that a womens' soccer team from Germany, the SKG Frankfurt, is in town and will be playing against the local Kit's Camera soccer team prior to the Seattle Sounders game at Civic Field on April 6th. VII LEGISLATION 1. Public Hearing: Lamb/Harper Street & Alley Vacation Mayor Duncan opened the public hearing on the Lamb/Harper petition to vacate a portion of Fifth Street, a portion of the 5th/6th alley, a portion of the 4th/5th alley, a portion of Fourth Street, and a portion of Sixth Street, located west of the Tumwater Access Road, and requested comments or questions from the audience. There were no comments and the public hearing was closed. Mayor Duncan then introduced and read by title Ordinance No. 2253 entitled ORDINANCE NO. 2253 AN ORDINANCE of the City of Port Angeles vacating a portion of Fourth Street, a portion of Fifth Street, a portion of Sixth Street, a portion of the 4th/5th alley and a portion of the 5th/6th alley, west of Tumwater Access Road. Councilman Hordyk moved the Council adopt the foregoing Ordinance as read by title by Mayor Duncan, subject to the following conditions: (1) that utility easements as required by the Light Department be retained for the maintenance of the existing electrical facilities; (2) that a floodway/ drainage easement over Tumwater Creek, extending 10 feet from the west bank and 20 feet from the east bank, under which the Tumwater Creek cannot be further contained or altered without the approval of the City be retained and granted where the creek crosses the applicants' lots; and (3) that no further excavation occur at the base of Tumwater Creek ravine and that the ravine, wherever possible, be stabilized with appropriate structures and landscaped with grasses and shrubs suitable for a steep slope. Councilman Hordyk also added the following findings of fact to his motion: (A) with the exception of existing Light Department facilities, the rights-of-way are not used for streets and underground utilities and are not likely to be so used in the future; (B) that the vacation will assist in the assembly of I I I 'I I CITY COUNCIL MEETING April 5, 19B3 industrially-zoned land in compliance with Industrial Policy No. 2 and Economic Objectives Nos. 1 and 2; (C) that the provision for stabilization of the toe face of the ravine wall and the floodway easement over Tumwater Creek will further Open Space Policies Nos. 2 and 3; and (D) that the vacation of these rights-of-way will put additional land on the tax rolls and be in the best interests of the community. The motion was seconded by Councilman Quast. During discussion on the motion, Councilman Hordyk requested that condition No. 3 be strengthened to protect the ravine wall from further sliding, and suggested the Council defer any action on this matter until more information is received on whether 5th Street would perhaps be needed as a future east-west arterial. The Council and staff discussed the question of a future 5th Street arterial at length. Following advice from Attorney Miller, Councilman Quast moved to amend the motion, deleting all references to 5th Street without prejudice for further inclusion. The amendment to the motion was seconded by Councilman Hordyk and carried. On call for the question, the original motion, as amended, was passed unanimously by the Council. 2. Planning Commission Minutes Councilman Hordyk moved the Council accept and place on file the Planning Commission minutes of March 23,. 1983. The motion was seconded by Councilman Whidden and carried. 3. Convention Center: EDC Presentation Mr. Bob Levin, Director of the Clallam County Economic Development Council, was present at this meeting to discuss the future of the proposed Port Angeles Convention Center. In a letter to the Council dated April I, 19B3, the EDC Board of Directors (who were asked by the City and County administrations to offer an opinion and recommendation on this issue) pointed out what they felt were the issues which were delaying this project, and made the following recommendations: (I) that the City Council resolve and commit its existing capital accumulation and annual receipts of the hotel/motel taxes to a convention center facility within Port Angeles city limits; (2) that the Port Angeles City Council authorize the City Manager and Economic Development Council a period of ninety calendar days (beginning AprilS, 1983) to attempt to market one of the downtown project sites to the private sector. At the end of ninety days, the City Manager and Economic Development Council would present to the City Council a formal proposal from the private sector to construct a facility, a letter of intent to do so from private sector interests, or both; (3) that the City of Port Angeles government, in conjunction with the Economic Development Council, secure a binding legal opinion from those qualified to render such as to the most appropriate and legal instrument by which the City government may invest tax capital in a private/public venture; and (4) that the Clallam County Commissioners reappropriate not 80%, but IOO% of the accumulated hotel/motel tax fund balance, as well as the entire annual receipts, to County-wide tourist promotion activities specified by the Economic Development Council's Tourism Committee. Mr. Levin then spoke briefly to the Council on the direct and indirect benefits which could be derived from a convention center, and responded to several questions from the Council regarding the EDC' s recommendations. Councilmen Polhamus and Whidden, who sit on the Convention Center Committee, both stressed the need to take a firm stand on this issue and either proceed with the convention center proposal or at least fix-up the Roosevelt Gym and use it as a community center. Following comments from several other Council members, Councilman Polhamus moved the Council concur with recommendations 1 through 3 in the EDC's April 1, 1983 letter and proceed as outlined in those recommendations. The motion was seconded by Councilman Whidden and carried. Following the Council's action, Mr. George Matson, who sits on the Uptown Business Association's Convention Committee, addressed the Council concerning the UBA' s support of the Roosevelt Gym as a site for the proposed convention center. 4....- L.J 426 CITY COUNCIL MEETING April 5, 1983 4. Resolution: Ocean View Cemetery Fees Mayor Duncan introduced and read by title Resolution No. 7-83 entitled, RESOLUTION NO. 7-83 A RESOLUTION of the City of Port Angeles establishing fees and rates for services provided at Ocean View Cemetery, and repealing all resolutions of the Council in conflict, and repealing Resolutions IO-8l and 28-81. Councilman Quast moved the Council adopt the foregoing Resolution as read by title by Mayor Duncan. The motion was seconded by Councilman Whidden and carried. 5. Revised Request to Circulate Annexation petition: Del Hur, Inc. Mayor Duncan referred to a memorandum from the Planning Department concerning DelHur Inc.,' s revised request to circulate an annexation petition for a portion of the area south of the Airport, north of Edgewood Drive, and east of the Lower Elwha Road. Councilman Quast then moved the Council refer the revised request to the Planning Commission for a recommendation. The motion was seconded by Councilman Polhamus and carried. Councilman Quast then moved that DelHur Inc. be invited to the next regular Council meeting to discuss the circulation of the annexation petition. The motion was seconded by Councilman Whidden and carried. 6. Closure of Chase Street Councilman Quast moved the Council authorize the closure of Chase Street between 4th and 5th Street on April 30th and May 1st for a KONP Home Show. The motion was seconded by Councilman Polhamus and carried. 7. Letter of resignation: Milton Ranta Councilman Quast moved the Council accept Mr. from the Planning Commission with regret and draft a letter of appreciation to Mr. Ranta. Councilman Whidden and carried. Ranta's letter of resignation direct Manager Flodstrom to The motion was seconded by B. Planning Commission Interviews The Council will be interviewing applicants for the Planning Commission, at 6:00 P.M. April 19, 1983. 9. Schedule Utility Advisory Committee Meeting The Council scheduled a Utility Advisory Committee meeting on Monday, April 11th, at 5:00 P.M. to discuss the Morse Creek Project and BPA's proposed 1983 rate increase. lOr Letter from Skagit County Commissioner reo Boldt Decision .1 I Mayor Duncan referred to a letter from Bud Norris, Skagit County Commissioner. District # 2, requesting the City's support for enacting legislation to overturn the Boldt decision, in an effort to help save commercial and sports fishing for future generations. Mr. Norris requested I the City write letters to its congressional delegation indicating the City's support of this legislation and introduce a resolution for passage supporting this idea. No action was taken on Commissioner Norris' request. 11. Appointment to Park, Recreation and Beautification Commission Mayor Duncan noted that a letter of resignation from the Park, Recreation and Beautification Commission had been received from Mr. Don Hodges, and indicated that Ms. Carole Boardman had still expressed interest in the I I 427 CITY COUNCIL MEETING April 5, 1983 position. Councilman Quast then moved the Council appoint Carole Boardman to the Park, Recreation and Beautification Commission to fill the unexpired term of Don Hodges. The motion was seconded by Councilman Whidden. During discussion on the motion, Councilmen Haguewood and Hordyk expressed their opposition to Ms. Boardman's nomination and discussed the City's policy of interviewing applicants and then putting them on a "waiting list" for future vacancies. On call for the question, Councilmen Haguewood, Hordyk and Polhamus voted "No" with Councilmen Gerberding, Quast and Whidden voting "Aye". Mayor Duncan, voting to break the tie, voted "Aye" and the motion carried. 12. Proclamation Mayor Duncan read a Proclamation proclaiming the week of April 17, 1983 as KEEP AMERICA BEAUTIFUL WEEK IN PORT ANGELES. 13. proclamation Mayor Duncan read a Proclamation proclaiming the week of April 24, 1983 as COAST GUARD APPRECIATION WEEK IN PORT ANGELES. VIII LATE ITEMS None. IX ITEMS FROM THE AUDIENCE/COUNCIL NOT ON THE AGENDA Councilman Gerberding questioned Fire Chier Glenn regarding the number of aid calls which the Fire Department responds to and why that number has almost tripled recently. Councilman Hordyk requested a list of who was interviewed for the Park, Recreation and Beautification Commission. Asked Attorney Miller about the response from Public Works Director Pittis' letter to the Seattle P.I., the Seattle Times, and the Daily News regarding their paper boxes. Councilman Whidden asked what happened to the pictures of past City Councils which used to be in the City Hall Council Chambers and suggested that a photo be taken of this Council. Noted that the number of false fire alarms has almost doubled since last year and asked Fire Chief Glenn why. Mayor Duncan noted that the plants in the planter boxes near City Hall are very high and block the view of oncoming cars. Councilman Quast congratulated the Port Angeles Jr. Badminton Club, coach Hester Hill and Lisa Little for winning the National Badminton Championship for the third time. Councilman Polhamus asked Chief Cleland what could be done about "egging" incidents. X ADJOURN TO EXECUTIVE SESSION Mayor Duncan adjourned the meeting to an Executive Session at 9:15 P.M. XI RETURN TO OPEN SESSION I The meeting returned to open session at 9:45 P.M. with the following action being taken by the Council in regard to WPPSS: '> Councilman Hordyk moved the Council instruct staff to withdraw the present deposits in the present escrow account before the April 11, 1983 deadline and deposit it into a restricted access account from which it can only be withdrawn upon approval of the City Council, and that this action be in the form of a Resolution. The motion was seconded by Councilman Quast and carried. Councilman Quast then moved the City of Port Angeles go on record with theY appropriate judicial bodies that the Council plead for.the protection of the municipalities and the City's rate payers that all lawsuits related to WPPSS be consolidated for the protection of the citizens which the Council represents. The motion was seconded by Councilman Hordyk and carried. 428 'i CITY COUNCIL MEETING April 5, 1983 Councilman Hordyk then moved that the City authorize Riddell, Williams, Bullitt & Walkinshaw to defend the City of Port Angeles in City of Springfield v. Washington Public Power Supply System, U.S. District Court, Eastern District of Oregon, Cause No. 82-1387; Washington Public Power Supply System v. Alder Mutual Light Company, U.S. District Court, Western District of Washington, Cause No. 82-l251-M; Massery v. Washington Public Power Supply System, U.S. District Court, Western District of Washington, Cause No. C83-296C; Mirotznik v. Washington Public Power Supply System, U.S. District Court, Western District of Washington, Cause No. C83-295R, and any other related suit filed by a bond holder against the City of Port Angeles; with representation limited, as much as possible, to avoidance of a result in these cases which would be inconsistent with the result in Chemical Bank v. WPPSS, King County Superior Court Cause No. 82-2-06840-3. The motion was seconded by Councilman Quast and carried. XII ADJOURNMENT The meeting adjourned at 10:50 P.M. ~~ r!], fZ,h./4A) City Clerk ~~ Mayor I I I