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HomeMy WebLinkAboutMinutes 05/13/1980CITY COUNCIL MEETING Port Angeles, Washington May 13, 1980 I CALL TO ORDER The special meeting was called to order by Mayor Haguewood at 5:00 P.M. The purpose of this meeting is to discuss the MacMillan annexation request and negotiations with Northern Tier Pipeline Company. 22 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. D. Frizzell, P. Carr, R. Orton, R. Rego. Northern Tier: B. Sage, K. Berryman, J. Smedes, G. Smith. III MINUTES Councilman Hordyk moved the Council accept and place on file as received the minutes of the April 29, 1980 negotiating session. The motion was seconded by Councilman Buck and carried. IV Suspended. V LEGISLATION J~~ 1. MACMILLAN ANNEXATION During the May 6, 1980 regular Council meeting, Mr. MacMillan informed the Council that he had encountered difficulty in securing a sufficient number of signatures on his petition to annex the area west of the Plaza. The Council authorized Mr. MacMillan to circulate a new petition for Parcels 3, 4, and 5 only, and directed Manager Flodstrom to negotiate with the one objecting property owner (Parcel #6). If these negotiations were unsuccess- ful, Mr. MacMillan could stilt submit a valid petition for parcels 3, 4 & 5. At this meeting, Mayor Haguewood read a memorandum from Manager Flodstrom in- forming the Council that the Public Works and Planning Department staffs were able to resolve the problems to the satisfaction of all parties, and Mr. MacMillan now has a valid annexation petition for parcels 3, 4, 5 and 6 of Green's Belle View Addition. The annexation ordinance will be prepared and considered by the Council at the May 20th meeting. At this point in the agenda, Mayor Haguewood adjourned the meeting to a 30 minute Executive Session. The meeting was again called to order by Mayor Haguewood at 5:40 P.M. 2. NORTHERN TIER NEGOTIATIONS: AMENDMENT TO GUIDELINES Northern Tier Negotiating Committee Chairman Bill Sage submitted the following proposed amendments to the Negotiation Guidelines and Procedures: Negotiation Procedures, Item 2: Public input shall not be allowed at any negotiating session. Public comment on issues should always be taken prior to a full negotiation session at which final resolution is expected. The schedules for negotiating_sessions shall be sequenced with the regular meet- ings of the City Council to provide an orderly and productive decision-making process in the negotiating sessions. 8 2 CITY COUNCIL/NORTHERN TIER May 13, 1980 V LEGISLATION 2. Cont. Item 4: (Keep existing language and add the following sentence) The staffs of the two parties will develop, as soon as possible, a schedule of issues to be negotiated. The list will be used basically as a guide to the prioritization and timing of future discussions, to allow advance plan- ning on the issues. Exhibit "A" 1. Item G: Final position papers on issues ready for negotia- tion and final discussion papers on issues for discussion shall be prepared and exchanged by the parties at least two (2) days prior to each negotia- tion session. Manager Flodstrom then informed Mr. Sage that no preliminary Council vote would be taken on this matter at this meeting. However, it will be scheduled for public comment at the May 20th Council meeting. After a few brief com- ments from the Council regarding the proposed amendments, Mayor Haguewood noted that any decision on the amendments will be deferred until after the Council has had an opportunity to review them. 3. RECOVERY OF COSTS: FINAL APPROVAL Attorney Miller opened the discussion on the Agreement for Issue No. 2, Re- covery of Costs Incurred by the City, by briefly outlining the changes in language proposed by the City. The first change, which both parties prelimi- narily agreed to was in #1, paragraph 3, as follows: ". upon the decision of the Governor on certification or denial of certification, withdrawal of the application or upon a conclusive federal preemptive action." The next change proposed by the City was in #1, paragraph 4, which concerned negotiations for the availability, facilities, rates and levels of service for water, sewer, solid waste and electricity. Attorney Miller read, and briefly explained the.Citys position, emphasizing the proposed separate negotiations for electric utility service to Northern Tier. Attorney Miller pointed out that uncertain future allocations of power to the City is the reason for the requested separate negotiations for this service. Bill Sage then presented Northern Tier's final position on this matter, and stressed that Northern Tier felt very strongly about adding electricity to the utilities which the City would agree to "take the necessary legal steps" to provide. Mr. Sage pointed out that #1, paragraph 5 of Northern Tier's position would address the City's concerns in regard to this matter. Attorney Miller, Manager Flodstrom and Mr. Sage discussed this matter at length, with each party caucusing several times. Both parties then prelim- inarily agreed to the following: #5 of the City's position be deleted, with #1, paragraph 4 being substituted in its place. That paragraph will read: "The City and Northern Tier agree to take the necessary legal steps to make available water, sewer, solid waste, and electrical facilities, if electrical energy is suppliable, to Northern Tier, subject to separate negotiated agree- ments for such utilities with regard to availability, facilities, rates and levels of service. This Agreement shall not commit the City to supply electri- city on a basis which increases costs or impairs the supply to the City's other present and future customers." Bill Sage also orally agreed to a stipulation that the language in #5 will be included in the record to EFSEC. ("Northern Tier and the City agree that this agreement does not preclude the City from seeking recovery of costs related to the Northern Tier application not re- imbursed through this agreement through other legal means.") Both parties also agreed on the dates for payment of the $75,000 (May 20, 1980) and the $35,000 (May 20, 1980 with five monthly installments due the first day of each month). Councilman Buck then moved for the adoption of this Agreement with the amended language. The motion was seconded by Councilman Hordyk. During discussion on the motion, Councilman Quest suggested that the term "preliminary" be included in the motion so that the Council and staff can throughly review the amended language and perhaps make additional changes. No action was taken on Council- man Quest's suggestion. On call for the question, the motion was passed by CITY COUNCIL/NORTHERN TIER May 13, 1980 LEGISLATION 3. Cont. u~~ the Council with Councilmen Polhamus and Quast voting "N0." Manager Flodstrom then noted that this Agreement, with the aforementioned amend- ments will be submitted for public comment at the May 20th Council meeting. If there are no further amendments, the Agreement will be signed. 1 4. HOUSING IMPACTS: FINAL, AGREEMENT Mayor Haguewood read in full the Agreement between the City and Northern Tier on the issue of Housing Impacts. In this agreement the City and Northern Tier agree to jointly initiate a housing inventory survey as soon as practically possible, and develop a construction housing plan which will be ready for implementation prior.to initiation of construc- tion of the project. Councilman Quast then moved the Council approve this Agreement with the substitution of May 20, 1980 in Section 1, last sentence. The motion was seconded by Councilman Polhamus and carried. Bill Sage then informed the Council that the Agreement was also accept- able to Northern Tier. The public will have an opportunity to comment on this Agreement at the May 26th Council meeting. If there are no amendments, the Agreement will be signed. Bill Sage suggested at this time that there be meeting; items 5 through 10 can be discussed at Sion. Mr. Sage also suggested that any further be tabled until after further investigation. Manager Flodstrom also suggested that water, Se menu and Labor and Local Hire Preference be on public comment. 1 VI ADJOURNMENT The meeting adjourned at 7:15 P.M. City Clerk no further discussion at this the May 27th negotiation ses- discussion on Land Use Fees The Council concurred, and wer and Solid Waste Require- the May 20th agenda for or 1