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HomeMy WebLinkAboutMinutes 04/06/1976 96 CITY COUNCIL MEETING Port Angeles, Washington Apri 1 6, 1976 CALL TO ORDER II ROLL CALL The meeting was called to order by Mayor Olson at 7:30 P.M. Members Present: Councilmen Anderson, Buck, Haguewood, Hordyk, Ross, Wray. Members Absent: None. Staff Present: Manager Whorton, Attorney Taylor, Clerk Parrish. D. Flodstrom, P. Reed, T. Honnold, D. Frizzell, R. Parrish, J. Hill, P. Carr. Guests Present: III MINUTES J. Sutton, J. Hinshaw, Mr. and Mrs. Vail, J. Key, K. Clark, V. McLaughlin, D. Livingston, L. Switzer, C. V. Basom, D. Hilt, V. Lawrence, N. Hill, P. Wilden, R. Achenhouser, D. Price, T. Lunderville, W. Muller, G. Albetta, C. Albetta, R. Miller, K. Thoroldsen, P. Doherty, B. Dalton, C. Renm, L. Doherty, J. Milton, J. Ducceschi, N. Quast, J. Estes, R. Richards, J. Abram, M. Mattila. Councilman Ross moved the minutes of the March 16, 1976 meeting be accepted and placed on file as received. The motion was seconded by Councilman Hordyk and passed by the Council. IV FINANCE 1. Bid Call Authorization. a. Councilman Hordyk moved the Council authorize the Light Department to call for bids on one KVA dual voltage 3-phase pad mounted transformer. The motion was seconded by Councilman Wray and carried. The intended use of the transformer is for McDonald's Restaurant located at First/Front and Penn Streets. b. Councilman Haguewood moved the Council authorize the Water Department to call for bids on 12 hydrants and 27 gate valves. The motion was seconded by Councilman Hordyk and passed by the Council. 2. Bid Awards. 31976C a. NOTICE 0 CALL FOR BIDS__ NOTICE is hereby given lhaft sealed bids will be received by 1M City Clerk, C'Iy of PorI' Angeles, 140 W. Fronl Streel, P,O. Box 711, Port Angeles, I Washington, 98362, until 2:00 P.M., Apri I 2, 1976, and the C ily I will reject all bids received afterlhescheduledcloslngtime, and dale, and will be opened pUblicly al Ihat lime for I furniShing Ihe following! 4 equipment and-or ma, lerial: I 1 - VAN 1 . POLICE 4.DOOR SEDAN ,1" 'h-TON PICKUP I 'Bid specificallons may be ~ obtained from the City Clerk's' Office. , A certified check or b, id bond 1 for 5 per cent of the amounl at 1110 bid shall accompany each bid. All bidS to include delivery F.O.B. Port Angeles, Washinglon. , Bids will be opened and ,~) tabulaled for lhe Cily Council lor consideration by said (;ouncil in sess~ofl April 6, 1976. The Council reserves the right to consider delivery time , and to accept or to reject any or all bidS or any parI thereot. -~l an~h;:,:~tt:~~;~r~~lih~r~~~~: to correct any, ,eXI,e n,Sians o,r1' I improper sales I~, __~b,:.~ar.C~~,~,~ Mayor Olson read Shop Superintendent Thompson's report on the bids received on a 1976 van and a 1976 4-door sedan for the police Department, and a Sewer Department 1976 ~ ton pickup. The report indicated all bids submitted met City specifications and bid de- posit requirements. Councilman Wray moved the Council award the bids for the 1976 van and 1976 ':;: ton pickup to low bidder Koenig Chevrolet at a bid price of $4,432.56 including sales tax for the van and $4,265.00 including sales tax for the pickup, and award the bid for a 1976 Police 4-door sedan to low bidder Lannoye Motors at a bid price of $4,894.40 including sales tax. The motion was seconded by Councilman Haguewood. On the Mayor's call for dis- cussion on the motion before the Council, Councilman Hordyk referred to the bids received on the P01ice car.and questioned the less than $100 difference between the low and second 10w bid and its relationship to the quality of the two vehicles. Manager Whorton informed the Council that Police Chief Kochanek and Shop Superintendent Thompson analyzed all bids received, that all met the City's minimum specifications, and that in each instance, Mr. Thompson recommended acceptance of the low bid. On call for the' question on the motion before the Counci1, the motion carried with Councilman Hordyk voting "NO." I I I I I I ';:17 City Council Meeting April 6, 1976 IV FINANCE 2. Bid Awards. a. cont. Murray Motors bid $4,672.50 on the van, $4,567.00 on the pickup, and $4,987.50 on the police car; Anderson Ford bid $4,648.78 on the van, $4,449.70 on the pickup, and $5,131.02 on the Police car; Lannoye Motors did not submit a bid on the van or the pickup; all above bids include sales tax. 1976 Budget Items. b. Councilman Wray moved the Council award the bid for one 75 H.P. pump to low bidder Industrial Pump Sales at a bid price of $7,374.16 including sales tax as recommended by Water Superintendent Wait in his bid report. The motion was seconded by Councilman Haguewood and passed by the Council. Stang Hydronics bid $8,737.79 on this 1976 budget item. 3. Peabody Heights L.I.D. No. 198 - Engineering. Councilman Hordyk moved the Council approve payment of $40,000.00 as the fourth fixed estimate of work done and material furnished by the City of Port Angeles in the construction of streets and drainage on Peabody Heights L.I.D. No. 198 as established by City Enginner, J. B. Warder, in his Certification letter dated March 30, 1976. The motion was seconded by Councilman Haguewood and passed by the Council. 4. First and Front Street Lights Project. Councilman Anderson moved the Council approve payment of $2,960.03 to Harstad Associates, Inc., as progress payment No. Four for engineering services from January 26 to February 25, 1976 on the First and Front Street Lights Project. The motion was seconded by Councilman Ross and carried. 5. Payroll. Councilman Hordyk moved the Council approve $96,700.04 Payroll. Council- man Wray seconded the motion and it carried. V ITEMS FROM THE AUDIENCE Norma Turner, representing a "No Oil Port" local group, addressed the Council and stated that their group has gathered 1,500 signatures on petitions in opposition to an oil port being located in Port Angeles. According to Mrs. Turner, 40% of the 1,500 signatures are residents of Port Angeles. She pre- sented to each Council member a list which contained 600 names and addresses of citizens who signed the petitions. In addition, Mrs. Turner urged the Council to take a leadership position on the oil port issue and requested the Council reconsider and take action to co-sponsor with C1al1am County and the P.U.D. Commissioners an investigative study of Northern Tier Pipeline Company's financial status. She also encouraged the Council to proceed on the premise than an oil port will be located in the immediate Port Angeles area and to disregard the news media reports which indicate the possibility of Prince Rupert being an oil port terminal. Councilman Hordyk moved the "Northern Tier Pipeline Company investigative study" subject be taken from the table. The motion was seconded by Councilman Wray and passed by the Council. 98 City Council Meeting April 6, 1976 V ITEMS FROM THE AUDIENCE Councilman Hordyk then moved the City not participate with Clallam County and the P.U.D. in the investigative study of Northern Tier Pipeline Company's financial status. The motion was seconded by Councilman Buck. On the Mayor's call for discussion on the motion, several Councilmen expressed their views on this matter. Councilman Ross felt an investigation of Northern Tier's financial position is not the proper approach to be taking as the I compos iti on of the group propos i ng an oi 1 port coul d sudden ly change which would then negate the inquiry. Councilman Haguewood commented that at this point the City has not been formally approached, and if formal application is made, it should be accompanied with a financial statement of the firm's net worth. In Councilman Hordyk's opinion, the City's participation in this study would create a defensive posture on the part of prospective new industries, and the City should be demonstrating a more positive attitude toward encouraging new industries to our area for the promotion of new jobs. On call for the question on the motion before the Council that the City not participate in an investigative study of Northern Tier Pipeline Company's financial status, the motion was unanimously passed by the Council. Mrs. Gene McWilliams next addressed the Council. Mr. and Mrs. McWilliams are the owners and developers of Seamount Estates which is located between "M" and "N" and between 6th and 10th Streets and consists of four divisions. Mrs. McWilliams read a letter which explained in detail pro- blems the McWilliams have experienced in the development of their subdivision since June 9, 1975, the date their Plat for Division I was approved. Con- tending that development of their subdivision was held up due to these problems, the McWilliams request compensation and indicates certain conditions be met by the City. Public Works Director Flodstrom's response to the McWilliams allegations I was read by Mayor Olson. In his memorandum, Mr. Flodstrom explains the circumstances relating to this incident and states the McWilliams were furnished a complete profile in July, 1975. The memorandum also indi- cates the responsibilities and options that are available to developers/ subdividers which are outlined in the "Subdivision Regulations." Addressing the conditions requested by the McWilliams, Mr. Flodstrom presents the facts as they pertain to each condition and states a revised profile has been committed to the McWilliams by April 9, 1976. During the discussion which followed, Manager Whorton reported that Agenda Item No.7, "Amendment to the Subdivision Regulation," is an attempt to develop a policy whereby developers could be compensated for service connections made available to adjoining property owners when the property Owner connects to the stub. Manager Whorton also explained that in the interim the City's policy regarding providing engineering services to developers has been revised. However, the City is obligated to a certain extent, according to Manager Whorton, and he assured Mrs. McWilliams of receipt of a revised profile by April 9, 1976. The Council will be kept advised on this matter by Manager Whorton. The next matter brought to the Council's attention by O. Bieber, Clallam County Trucker's Association, was the Boulevard and "L" Intersection Improvement Project. The Council discussed this project with Mr. Bieber, I Manager Whorton and Public Works Director Flodstrom. According to Mr. Bieber, the 60' landing zone is not sufficient and requests the landing area be extended to 100' and the west bank be built up. Mr. Flodstrom reported that the original design of the intersection improvement was for a 60' landing zone and this-design was agreed upon by the Trucker's Association and the Port of Port Angeles. He further explained that after discussions with the Trucker's Association and the Port, the City has requested a bid cost from the Contractor for expanding the project. Mr. Bieber also stated that travel through this intersection has in- creased significantly and will continue to increase. 'I I I 99 City Council Meeting April 6, 1976 V ITEMS FROM THE AUDIENCE Following the discussions, the Council directed Manager Whorton and Public Works Director Flodstrom to work with the Trucker's Association and the Port on the improvement of this intersection to obtain a mutual agreement of the invol,ved parties, At this point, Everett Hassell addressed the Council and briefly spoke about oil pollution inside the Port Angeles harbor and explained the reason sludge is found within the harbor and on the beaches. VI LEGISLATION 1. Certificates of Competency were scheduled to be presented to Donald Anding and Terry Wilcox, Water Department employees. As the recipients were not in attendance, the presentation was deferred to the April 20, 1976 meetin9. . 2. The minutes of the Planning Commission March 22, 1976 meeting were read by Mayor Olson with the following action being taken by the Council. Councilman Haguewood moved the Council concur with the Planning Commission's recommendation and approve Frank Dalton's preliminary plat of Block ~, "Seabreeze Estates" contingent upon the utilities being . installed according to the specifications of the Public Works Department and the transformer easements for the power meet the City Light requirements, with lots 20 and 21 in Block A and lots 24 and 25 in Block B fronti ng on "N" Street. The moti on was seconded by Council- man Hordyk and passed by the Council. Councilman Haguewood moved the Council concur with the recommendation of the Planning Commission and consider Johnie Key's request for annexation to the City only if an annexation petition is drafted to include the area northerly of the south line of Vista Meadows, westerly of Mt. Angeles Road, easterly of National Park Boundardy, northerly to present city limits and that the bonded indebtedness be assumed, the annexation policy requirements are met, there is equitable sharing of utitilites construction costs by area residents and the area be zoned RS-9. (In the event the area west of White's Creek and east of Mt. Angeles Road, and northerly of the south line of Vista Meadows extended easterly could be included without making the requestor's assessed value less than 10% of the assessed value of the proposed annexation area, it should be included.) The motion was seconded by Councilman Wray and carried. By this action, the City authorize Johnie Key to circulate a petition containing the conditions described in the foregoing motion. It is noted that this consideration of Mr. Key's request for annexation does not mean approval of the annexation if a valid petition is submitted. Councilman Wray moved the minutes of the Planning Commission March 22, 1976 meeting be accepted and placed on file as read by Mayor Olson. The motion was seconded by Councilman Hordyk and passed by the Council. At this time, Attorney Ron Richards, representing residents in, and within the vicinity of, the proposed annexation area addressed the Council and requested clarification of the action taken by the Council on Johnie Key's annexation request. In his opinion, the Council should define the boundaries of the area that the Council would consider for annexation to the City. 100 City Council Meeting April 6, 1976 VI LEGISLATION 2. cont. Following a discussion on this matter, Councilman Ross moved to table discussion on th~ proposed annexation to the April 8, 1976" .- work session. The motion was seconded by Councilman Anderson and passed by the Council. Councilman Haguewood then moved the Council reconsider their previous motion to concur with the Planning Commission's recommenda- tion on J. Key's annexation request. The motion was seconded by Councilman Hordyk and passed by the Council. Councilman Ross moved the Council table the decision on J. Key's annexation request. Councilman Haguewood seconded the motion and the motion was passed by the Council. W. Muller filed a petition with the Clerk of the Council which contained signatures of 36 proposed annexation area residents and property owners who Object to being annexed to the City of Port Angeles. 3. Refer to Agenda Item No.2 for Council action on this Agenda Item, "Annexation-Johnie Key." 4. Mayor Olson introduced and read by title Ordinance No. 1876 entitled, ORDINANCE NO. 1876 AN ORDINANCE of the City of Port Angeles providing for and authorizing the levying and COllecting of a leasehold excise tax on and after January 1,1976 upon the act or privilege of occupying or using publicly owned real or personal property within the City. Councilman Haguewood moved the Council adopt the foregoing Ordi.nance as read by title. The motion was seconded by Councilman Anderson and unanimously carried by the Council. Councilman Haguewood moved the Council authorize Mayor Olson to sign the Agreement between the State of Washington, Department of Revenue and the City of Port Angeles regarding administration and collection of local leasehold excise tax. Councilman Buck seconded the motion and it carried. 5. Kim Folk's request for Council authorization to hook-up to the City Water System for property described as Lots 23 and 24, Block 5, Mallette's Second Edition, located On Spruce Street just west of the city limits, was read by Mayor Olson. Councilman Haguewood moved this request be tabled and referred to a work session. The motion was seconded by Councilman Buck and carried. 6. Mayor Olson read A. Hoagland, Hoagland Inc. 's dba Thurman Supply, request for Council authorization to hook up to the existing city sewer for property abutting the city limits. Councilman Haguewood moved Manager Whorton correspond with Mr. Hoagland by letter and invite Mr. Hoagland to annex his property to the City as it is contiguous to the city limits. The motion was seconded by Council- man Wray and passed by the Council. 7. At the request of Manager Whorton, Agenda Item No.7, "Ameridment to Subdivision Regulations" was passed over. I I I I I I Inl City Council Meeting April 6, 1976 VI LEGISLATION 8. Attorney Taylor briefly reported to the Council concerning a com- plaint received from the Port Angeles School District in reference to a Mobile Concessionaire. Mr. Taylor noted that Joe Sutton of 328 E. 5th Street has a Business License for a Caterer's business which expires June 30, 1976. Explaining that he had conferred with the school authorities, Police Chief Kochanek, Parks Director Frizzell and Mr. Sutton's attorney, Mr. Taylor stated a report on the legal aspects of this problem should be ready for the Council at the April 20, 1976 meeting. Attorney Velie, representing Mr. Sutton, was in attendance and assured the Council that Mr. Sutton is willing to do whatever is necessary within reason to carryon his business and comply with school regulations and City Ordinances. Councilman Haguewood moved the foregoing matter be referred to Attorney Taylor, with Mr. Taylor reporting to the Council at the April 20, 1976 meeting. The motion was seconded by Councilman Ross and carried. 9. The next order of business was Attorney Taylor's report on the progress of the Burrowes and Fox Logging Company's suit against the City for denial of an easement through the City's Morse Creek watershed on the grounds that the logging activity would be detrimental to the city's water supply. Mr. Taylor explained that in February, 1976, the city was dismissed from this action with the Superior Court ruling that the City was not subject to statutory right-of-way b, necessity. In March, 1976, the plaintiff filed an amended petition on the theory of prior use, as an easement had been granted in the past. Again Superior Court Judge Robert Ryan, Kitsap County, ruled that City property cannot be condemned. The question of "inverse condemnation" was then tried with the Judge ruling that the plaintiffs had not established a claim of inverse condemnation against the city, the main reason being that other accessible routes were available to the logging firm. On April 6, 1976 Attorney Taylor was advised by Mr. Burrowes Attorney that the firm has in the mail a motion for reconsideration, and if the motion is not granted, they will appeal the ruling. The ruling is, at this point, that Burrowes and Fox have no right to an easement across City property, Mr. Taylor stated. Mr. Taylor also felt he should point out to the Council that the plaintiffs two highly qualified experts in this field testified regarding the various routes, their associated costs, and the effect on the environment, and continued to make the point that there would be less damage to the City's watershed by going through City property than any other. route available to them. But this was not the matter that was before the Court to be decided; the Court decided strictly on the matter of law, correctly, Mr. Taylor concluded. 10. The "Arts in Action" report was the next item before the Council. Parks Director Frizzell presented a verbal report on this matter stating that conferences were held with the Arts in Action Committee and the Laurel Street business firms and an agreeable site for the Arts In Action program was negotiated. The site however, required final approval from the Downtown Parking Association, and after meeting with this agency, Mr. Frizzell recommends the Arts in Action Fair be held at the Laurel Street location as scheduled and approved by the Council, thus affording the Arts in Action Committee the opportunity to resolve the problems that have been associated with the fair in the past and caused some of the Laurel Street business establishments to object to this location. 11. Mayor 01 son requested a report' from the Real Estate Committee .on Sunny- side Enterprises proposal to purchase all or part of the Morse Creek Gravel Pit. Councilman Ross reported that the research on this pro- ject has been completed and the committee is currently in the process of establishing a price for the property. 102 City Council Meeting April 6, 1976 VI LEGISLATION 12. Mayor Olson introduced and opened for discussion the request received from the Northwest Troller's Association for a letter or resolution from the City Council opposing the allocation and season limit regula- tions being proposed by State Department of Fisheries Director Moos, which the Troller Association allege will put the Troller Fleet out of business. The Department of Fisheries have scheduled a public I hearing on the proposed regulations on April 10, 1976, 10:00 A.M., General Administration Building, Olympia, and the Troller's Association also request Mayor Olson testify on their behalf at this hearing. Troller Association Treasurer, R. Thomas, was in attendance and explained the proposed regulations to the Council. The Council decided after discussing this matter that either Mayor Olson or Manager Whorton will testify at the hearing. 13. Counci lman Buck moved Agenda Item No. 13, "Letter from Clallam County Committee on Fisheries re small picnic area near Elwha Salmon Rearing Channel", (tabled 2/17, 3/1 & 3/16/76) be taken from the table. The motion was seconded by Councilman Anderson and passed. Councilman Anderson moved this Agenda Item be referred to Manager Whorton with a report being presented at completion. The motion was seconded by Councilman Buck and passed by the Council. 14. The Port Angeles Water Supply Agenda Item was left on the table. Public Works Director Flodstrom's report to be discussed at the April 8, 1976 work session. 15. Mayor 01 son read a "Letter of Intent" di rected to the Department of the Army, Seattle District, Corps of Engineers, whereby the City of Port Angeles assures its willingness to assume obligation of local cooperation in the matter of erosion control on Ediz Hook in Clallam County, State of Washington; said letter to be signed by Mayor Olson and Attorney Taylor. Manager Whorton then explained that the Council passed Resolution No. 6-740n June 4, 1974 assuming and agreeing to certain obligations in reference to Ediz Hook erosion control con- struction work. It has since been determined that the Resolution is not entirely sufficient and that a formal agreement between the Federal Government and the City of Port Angeles will be necessary. To alleviate any delay in the project, the Corps of Engineers request receipt of subject "Letter of Intent" by the end of the week. The formal agreement, incorporating the items included in the "Letter of Intent", will probably be before the Council for their consideration at the April 20, 1976 meeting, Manager Whorton stated. I VII STAFF REPORTS 1. Councilman Wray moved to accept and place on file the February Light and Water Work Reports and F. Hurley's Out of Town report. The motion was seconded by Councilman Buck and carried. 2. Councilman Ross: Stated it is a pleasure to see the Marine Drive and Truck Road traffic signal operating; D. Flodstrom reported a need may exist to restrict parking on the north side of Marine Drive; re- quested Manager Whorton check with L. White on progress of celebration arragnements for June I 19, 1976, the City's birthday and designated : as "Second Nati ona 1 City Day." Reso 1 uti on - No. 23-75. 3. Councilman Hordyk: Recommended the bank water seepage problem lo- cated in the 300 block of E. Front Street be investigated, and if sewage, the matter be referred to the Health Department; recommended Police Officer Wilcox be presented his weapon, which was issued to him when employed and has since I I :1 City Council Meeting April 6, 1976 VII STAFF REPORTS 3. Councilman Hordyk: 4., Mayor Olson: 5. Councilman Wray: 6. Councilman Haguewood: 7. Councilman Anderson: VI II ADJOURNMENT 103 been changed, upon his retirement on August 1, 1976 after 28 years of service, at a fixed fee of $7.00 of which Councilman Hordyk will con- tribute $1.00; recommended the water leakage problem on the S. E. Corner of 11th and Lincoln Streets be investigated to determine if water leakage or surface drainage; requested explanation in near future on the water customer who has an outstanding $2,000 water bill on which no action has been taken to date. Read letter from the Derby Days Committee requesting a financial grant from the City to assure good participation in the parade and to help build the float; Manager Whorton will notify the Derby Days Committee that the City will not be able to make a contribution as no money is budgeted for this activity. In reference to the Peabody Creek Oil leak problem, Manager Whorton reported this matter is still being investigated and a report is forthcoming. Mayor Olson commented on the numerous complaints being received regarding dogs running at large and recommended enforcement of the Lease Law, Ordinance 1585; Manager Whorton will contact Humane Society re this matter. Reported on the "Energy" Conference in Portland attended by Councilmen Wray and Hordyk and recommended Bonneville's insulation requirements be adopted by the city; based on the recent Supreme Court ruling, recommended all future employees from this date forward be required to reside in the City of Port Angeles; Manager Whorton will check for conflict with labor agreements and report back to the Council. Requested a report on the condition of the City's Comprehensive Plan. Stated he plans on attending the Association of Washington Cities annual convention on June 15-18, 1976; Councilman Ross commented she also plans to attend. Commented on condition of floor of Roosevelt School Gym. The meeting adjourned at 9:55 P.M. ~{!,~ City Clerk ~.", ~~ Mayor '4876 41476 l I TREASURER'S TREASURER'S CALL ~ CALL FOR BONDS .FOR BONDS I The City Treasurer of the .The C,ty Treasurer of the, City of Port Angeles C,ty of Porf Angeies'l Washington will pay upo~ WaShington, wlli pay, upon presentati~n at her 'Office presentallon at her office, Bonds numbered 268 through Bonds, numbered 201 through 1 296, inclusive, of Local 2S7.. Inclusive:, ,Of Local' rmprovemenf District Number lmprovement District Number 189 of the City of Port Angeles. 193 of the City of Port Angeles. I No interest wlll be allOWed on No Interest will be paid after 1 Ithese bonds after April 20 1976 May 1. 1976. PATRICiA RODMAN PATRICIA RODMAN CITY TREASURER CITY TREASURER' PORT ANGELES PORTANGELE~ I WASHINGTON WASHINGTON I . Pub,: April 8, 1976. Pub.: April U, 1976, ; l..____ ..._