HomeMy WebLinkAboutMinutes 07/29/1980~~ 31
CITY COUNCIL MEETING
Port Angeles, Washington
July 29, 1980
T 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 following topics: (a) negoti-
ation session with Northern Tier; (b) reconsideration of the preliminary
plat approval for Uplands Division 4; (c) renovation needs and solutions
for the Vern Burton Memorial Community Center; (d) completion of public
hearing on Flood Plain Ordinance; (e) consideration of joint attorney
with County for representation on the Trans Mountain application; and
(f) consideration of the bids for traffic counters.
II ROLL CALL
Members Present: Mayor Haguewood, Councilmen Boardman, Buck, Duncan, Hordyk,
Poihamus, Ouast.
Members Absent: None.
Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Caso.
P. Carr, D. Frizzell. J. Pittis, A. Rose, D. VanHemert,
R. French.
Public Present: R. Cockrill, A. Rud, H. Berglund, Cmdr. J. Butler, D.
Rudolph, T. Haley, B. Maben, S. McLaughlin, N. Turner,
M. Robinson, B. & J. Galagan, M. Lloyd, G. Dickinson,
J. Jones, W. Reynolds, Mrs. J. Osborn.
III - IV Suspended.
V LEGISLATION
1. NORTHERN TIER NEGOTIATION SESSION
A. Local Labor and Business Preference
Manager Flodstrom explained to the Council that the City's position paper
on Local Hire Preference and Northern Tier's position paper on the same
subject were identical except for one area. The only difference between
the two position papers is in Section 4, second paragraph which reads
as follows: "For operational jobs, Northern Tier will continue to work
in the local community to plan a training program to increase the number
of local persons qualified for such jobs." The Ci,ty's position paper
adds the following language to that paragraph: "After certification of
the Northern Tier project, Northern Tier will implement such a training
program.
Bill Sage then indicated that Northern Tier finds the City's added language
to this section acceptable, and Councilman Buck moved for the preliminary
approval of the issue on Local Labor and Business Preference. The motion
was seconded by Councilman Hordyk and carried.
B. Schedule Next Negotiation Session/Agenda Items
The next negotiation session was scheduled for August 12, 1980 with the
following topics of discussion: (a) Fire Protection; (b) Oil Spill Con-
tingency Plan; (c) Review and Coordination Procedure; and (d) Road and
Traffic Impacts. Bill Sage also suggested that Revenue Mechanisms be
discussed.
C. Road and Traffic Impacts
The discussion on the issue of Transportation impacts commenced with
Manager Flodstrom reading the City's preliminary position paper in full.
During the discussion which followed, Manager Flodstrom; Attorney Miller,
and Bill Sage discussed at length when the proposed Transportation Plan
4 ~~ G CITY COUNCIL MEETING
July 29, 1980
V LEGISLATION
1. Cont.
should be implemented (before or after the contracts are awarded) and
review and approval of the Plan submitted by Northern Tier: (VI a)
"Review and approval as used in this agreement means the right of the
City to reject, condition, or approve the Transportation Pian submitted
by Northern Tier. Failure of the City to approve the Transportation
Plan precludes the commencement of construction. The City agrees not
to unreasonably withhold approval.") Also discussed at length was
EFSEC's monitoring of the Northern Tier project once construction has
begun, the need for some type o£ enforcement mechanisms at the local
level, and Northern Tier's participation in that mechanism.
After a brief caucus, Manager Flodstrom informed the Northern Tier re-
presentatives that it is the position of the City that before proceeding
further the City needs to know how the stipulation process is going to
work at EFSEC and if an enforcement mechanism can be developed that will
be acceptable to Port Angeles, either at the EFSEC level or at the local
level which EFSEC will accept. The City will approach EFSEC on these
matters and the issue will again be discussed at the August 12 negoti-
ation session.
D. View Trips to Other Oilports
Manager Flodstrom suggested that the Council make a decision on the pro-
posed trips to Portland, Maine and Valdez, Alaska, s0 that arrangements
can be made. Manager Flodstrom also reiterated his earlier recommendation
that either the Mayor and/or City Manager, a representative from one of
the Council's oilport related committees, and two City staff members be
chosen to travel to Valdez. Councilman Buck then moved the Council
authorize Manager Flodstrom to proceed with the trip to Valdez, Alaska,
as recommended. The motion was seconded by Councilman Ouast and carried.
2. PRESENTATION: oIL SPILLS & RELATED MATTERS
Manager Flodstrom introduced Mr. John Weichert, Manager of Clean Sound Coopera-
tive, who was invited to speak to the Council in regard to oil spills and sub-
sequent clean-up operations in the Puget Sound area. Following a brief film
presentation, Mr. Weichert explained the purpose of Clean Sound Cooperative,
the containment and recovery equipment used in'its operations, and plans for
any oil spill clean-ups in the Port Angeles area. Mr. Weichert also explained
what relation the Clean Sound Cooperative would have with Northern Tier or
Trans Mountain if either of those companies established an oilport facility
in the Pozt Angeles area. The presentation concluded with Mr. Weichert
answering several questions from the audience and Council in regard to re-
covery of oilspill clean-up costs; the extra equipment needed if an oilport
facility is located in the Port Angeles area; the personnel required to
operate the oilspill clean-up equipment and what type of training program
is offered by Clean Sound Cooperative; and what type of information Mr.
Weichert presented to EFSEC.
The second presentation pn oilspills and related matters was given by Coast
Guard personnel; Commanders James Butler, G. Pennington, and H. Hutchins.
Subjects discussed included the Coast Guard's role in oil spill clean-up
operations; identifying the party responsible for an oil spill; what the
Coast Guard is presently doing in regard to the application process for
the Northern Tier project and their responsibilities if the project is
constructed and put into operation; what involvement, if any, the Coast
Guard has in regard to moorage areas or harbor traffic; what is included
in the "Operations Manual" which must be submitted for approval to the
Coast Guard by Northern Tier; the Coast Guard's authority in regard to
ships entering the Puget Sound area which do not meet certain safety re-
quirements; inspection of the Northern Tier or Trans Mountain facilities
and tankers; and a status report on the recent Coast Guard hearings on
vessel traffic in the Straits and tanker regulations.
CITY COUNCIL MEETING ~~ 3 3
July 29, 1980
LEGISLATION
3. STATUS REPORTS: EFSEC & LOCAL NEGOTIATIONS WITH NORTHERN TIER
Councilman Duncan gave a brief status report on the EFSEC hearings in Olympia.
Subjects-discussed recently at the hearings include a report by the EFSEC
Application Processing Committee Chairman on the handling of the stipu-
lations submitted to EFSEC (stipulations are the negotiated agreements be-
tween the City of Port Angeles and Northern Tier Pipeline Company); a status
report on the establishment of anew hearing schedule; commencement of the
Trans Mountain hearings, which are scheduled for November; and the status
of the underwater route to Whidby Island. Attorney Miller also explained
EFSEC's procedures and policies in regard to the stipulations.
Following these reports, Manager Flodstrom informed the Council that the
Port of Port Angeles has also been negotiating with Northern Tier Pipeline
Company in a manner similar to the City's negotiations. However, a recom-
mendation has not yet been made to the Port Commissioners.
4. RECONSIDERATION OF UPLANDS DIVISION 4 PRELIMINARY PLAT
During the July 15, 1980 regular Council meeting, the Council took action to
approve the preliminary plat of the Uplands Division 4, with the deletion of
several conditions relating to the improvement of Golf Course Road and Melody
Lane. At this meeting, Mayor Haguewood read a memorandum from Attorney Miller
concerning the legality of reconsideration of the vote of the Council on July
15th in regard to the Uplands Division 4. Attonrney Miller's memorandum stated
in part that ". The general rule in regard to reconsideration is stated
in Cowlitz Co. vs Johnson, 2 Wn2d 479, 98 P.2d 644 (1940):
"Unless restrained by charter or statute, the legislative body
or municipal corporation, possesses the undoubted 'right to re-
consider its vote upon measures before it, at its own pleasure,
and to do and undo, consider and reconsider, as often as it may
think proper, until a final conclusion is reached."
Attorney Miller also outlined the procedure for a motion for reconsideration
as stated by Robert's Rules or Order.
Councilman Quast then moved the Council reconsider Councilman Hordyk's motion
of July 15, 1980, approving the Preliminary Plat of Uplands No.'4'subdivision.
The motion was seconded by Councilman Polhamus and carried with Councilman
Hordyk voting "NO."
Councilman Quast then moved to amend the previous motion made by Councilman
Hordyk on July 15, 1980, by striking the word "delete" and substitute it
with the following wording: Section 1, a-d shall be amended to read:
The conditions address the major impacts associated with the proposal as
identified in the Environmental Impact Statement. The major conditions
addressed traffic hazards and storm water runoff; and restricted the plat
development to that submitted and described in the accompanying impact
statement. The complete conditions are listed below:
1. To mitigate public safety hazards associated with the restricted sight
areas and the increased traffic associated with a phasing of the de-
velopment; to improve the response time for both Police and Fire De-
partments to the extent possible; and to provide improvements that are
complementary to the character of multi-family developments in the
suburban environment:
a) Melody Lane shall be improved to a width of 28 feet with curb,
gutter and sidewalk on the north side. Improvements shall in-
clude provisions for storm drainage and be subject to approval
by the Port Angeles Public Works Department. (This condition
is subject to approval by the Clallam County Commission or ac-
quisition of title to Melody Lane by the City through an annexa-
tion petition by residents of Melody Lane, whichever is first.)
~,~j4 CITY COUNCIL MEETING
July 29, 1980
V LEGISLATION
4. Cont.
b) Golf Course Road from Melody Lane to the south boundary of High-
way 101 shall be improved and upgraded, including street align-
ments at intersections of Third, Fourth & Fifth Streets, in ac-
cordance with specifications of the Department of Public Works.
The developer of Uplands No. 4 Subdivision shall make monetary
contributions to a special "Golf Course Road Arterial Improve-
ment Fund" on a "per dwelling unit basis." The first 144 units
of Aivision 4 of the development would require at greserit cost
estimates on a contribution of approximately $60,000. The first
24 dwelling units would require a contribution of $10,000 or $416.66
per unit. At the-.tune of approval of further developments, the con-
tributions will be adjusted to then existing values. The remaining
funds required for improving Golf Course Road will have to consist
of municipal arterial street funds and monies derived from an L.I.D.
c) Occupany of any of the units in the Division 4 shall occur after
proportional contributions as stated in l.b to the special street
fund have been made by the developer.
Section 3, or Condition 3 of Uplands Preliminary Plat, is amended to read:
In order to provide access to a potential park; to provide some open space
in the development; to mitigate potential hazardous pedestrian/vehicular
conflicts; to develop the area on a neighborhood concept, and to separate
pedestrian and vehicular traffic as much as possible, a ten-foot wide
pedestrian-bicycle path from the southernmost cul-de-sac to the south
property line, to a point aligning with future park and trail development,
if completed at that time, shall be installed prior to completion of
Phase V.
Sections or Condition 2, and 4 through 8 remain as originally proposed. '
Provided, that those conditions attached to these findings of fact in Exhibit
"A" and incorporated in these findings by reference are made a requirement of
approval, the proposed plat of Uplands Division 4 is approved for the following
reasons: (a} complies with the general standards and policies of the Sub-
division Regulations (Ordinance No. 1631, as amended); (b) complies with the
Comprehensive Plan policies governing the quality of the development; (c)
appropriate provisions have been made for the public health, safety and
general welfare, open spaces, drainage ways, streets, water supply, power,
sanitary waste, park, playgrounds, and school needs; and (d) the proposed
plat serves the public use and interest by providing housing for a segment
of the community that desires rental housing.
2. The conditions identified in Exhibit "A" are necessary to mitigate adverse
environmental impacts of the project identified in the final environmental
impact statement for multi-family apartments foY. the Uplands, and to assure
that the public interest standard of Chapter 58.17 RCW is met by the pro-
posed subdivision.
The motion to amend the previous motion made by Councilman Hordyk on July 15,
1980, as stated above, was seconded by Councilman Polhamus. During discussion
on the motion, Councilmen Hordyk and Quast discussed at length the proposed
amended conditions. Subjects discussed included improvements to Melody Lane
and the possibility of Melody Lane residents annexing to the City; proposed
contributions by developers of this area; the'City Planner's authority in
regard to requiring an Environmental Impact Statement; the need for a side-
walk on one side of Golf Course Road; and the "per unit" contributions. Fol-
lowing a recommendation from Attorney Miller, Councilman Quast amended his
motion to include the following language in Condition 1. b: "The ratio figures
are based on a total road work figure of $450,302 and the figures derived for `
the developers ($60,000 for the total 144 units or $10,000 for 24 dwelling units)
are based on the developer's volume creation of 778 vehicles as stated in the
Environmental Impact Statement." The amendment to the motion was seconded by
Councilman Polhamus.
CITY COUNCIL MEETING
July 29, 1980
V LEGISLATION
4. Cont.
435
After additional discussion between the Council, Attorney Miller and
Manager Flodstrom in regard to annexation and improvements to Melody Lane,
plus improvements to Golf Course Road, the question was called for and the
amendment to the motion was passed with Councilmen Buck and Hordyk voting
"N0." The original motion, as amended, was then voted on and carried with
Councilmen Buck and Hordyk voting "NO."
Councilman Quart then moved the Council instruct staff to draft an ordinance
to create a special Golf Course Arterial Improvement Fund for the expressed
purpose to deposit monies needed and received for the improvement of Golf
Course Road. The motion was seconded by Councilman Polhamus and carried.
Councilman Quart moved the Council instruct staff to bring before the Council
an up-dated and revised 6-year street plan which accelerates the time-table
for improvements on Golf Course Road. The motion was seconded by Councilman
Boardman and carried.
Councilman Quart moved the Council':instruct staff to commence preliminary
planning for the crossing of Whites Creek by culvert or bridge at Lauridsen
Boulevard and prepare the necessary Environmental Impact Statement. The
motion was seconded by Councilman Polhamus and carried. (The Uplands EIS
should be taken into consideration and its preparers should be considered
to prepare Whites Creek EIS).
Councilman Quart moved that staff be instructed to prepare prelininary
engineering cost estimates for: (a} road work (including storm sewer and
sidewalk on western side of Golf Course Road) and adequate (for future
development on southern edge of city limits in that area} sanitary sewers;
and (b) cost estimates for improvements to south side of Melody cane. The
motion was seconded by Councilman Boardman and carried.
Councilman Quart moved that staff be instructed to begin, if necessary,
consideration of acquisition of remaining rights-of--way along Golf Course
Road. The motion was seconded by Councilman Buck and carried.
5. VERN BURTON MEMORIAL COMMUNITY CENTER RENOVATION
With the aid of several charts, Parks Director Frizzell gave a presentation
on the analysis of the Vern Burton Memorial Community Center. Subjects
summarized by Mr. Frizzell included Categories of Improvement (mandatory,
recommended, desirable, and optional); Maintenance and Operation Budget
Projection for 1980 through 1986; Facility Program and Event Day Usage
(based on 305 days); Facility Program Usage and Revenue Projection; and
a Funding Approach. Following this presentation, the Council, Parks Director
Frizzell, and Manager Flodstrom discussed at length the proposed funding
approach, the proposed full-time Center Director in 1985-86; the need for a
large facility such as this to hold large groups, such as class reunions;
and proposed user groups and fees. The discussion concluded with Councilman
Quart moving that the Council instruct staff to begin the preliminary engine-
ering studies on the Vern Burton Memorial Community Center, and proceed
gradually into construction in early 1981. The motion was seconded by
Councilman Duncan and carried.
•~ 6.- -FLOOD PLAIN'ORI)INANCE
Mayor Haguewood reopened the public hearing on the proposed Flood Plain
Ordinance which regulates development i.n the flood plains within the'City,
and requested comments or questions from the audience or staff. There were
no comments and the public hearing was closed. Mayor Haguewood then introduced
and read by title Ordinance No. 2091 entitled,
Ordinance No. 2091
AN ORDINANCE of the City of Port-'..Angeles establishing
regulations for flood plain management, adding a chapter
to .the Port Angeles Municipal Code, and providing penalties
for violation.
(~ ~ ~ CTTY COUNCIL MEETING
July 29, 1980
V LEGISLATION
6. Cont.
Councilman Hordyk moved the Council adopt the foregoing Ordinance as read
by title by Mayor Haguewood. The motion was seconded by Councilman Buck and
carried unanimously.
7. JOINT CITY/COUNTY ATTORNEY: TRANS MOUNTAIN APPLICATION
During the July 15, 1980 regular Council meeting, the Council instructed
staff to begin negotiations of preliminary discussion as to'-the hiring
of a City/County combined attorney to handle the Trans Mountain Pipeline
proposal. At this meeting, Manager Flodstrom outlined the four options
available to the Council: (a) not be legally represented; (b) participate
with the County in an independent legal representation; (c) utilitize City
staff, primarily Attorney Miller, for the City's legal representation, with
the County participating, or the County could utilize County staff, primarily
from the Prosecuting Attorney's office, and the City could participate; and
(d) both County and City could utilize their own staff to represent them at
the Trans Mountain hearings.
The advantages and disadvantages of the four options were discussed at length
by the Council, Manager Flodstrom and Attorney Miller. During the discussion
Manager Flodstrom pointed out that if the City utilizes Attorney Miller as
their representative at the Trans Mountain hearings, additicnal staff would
need to be hired to handle the regular work load of the City Attorney's office.
Additionally, Manager Flodstrom and Attorney Miller both cautioned the Council
against using County staff for both the County and City representation, since
County staff would be directly under the responsibility of the County Commis-
sioners and not the City Council. following several suggestions and alterna-
tives, Mayor Haguewood directed Manager Flodstrom and Attorney Miller to meet
with the County Commissioners and obtain additional information in regard to
the feasibility of an in-house attorney representing both parties at the
Trans Mountain hearings, or perhaps an independent joint attorney. Manager
Flodstrom will report on his meeting with the County at the Avgust 5, 1980
regular Council meeting.
VI FINANCE
1. TRAFFIC COUNTER BIDS
Councilman Hordyk moved the Council concur with the recommendation of the
Public Works Department and purchase four single input counters from Leupold
and Stevens Company, Beaverton, Oregon, in the amount of $3,71fi plus sales
tax. The motion was seconded by Councilman Quast and carried.
VII ADJOURNMENT
The meeting adjourned at 11:00 P.M.
City Clerk
Mayor
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