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HomeMy WebLinkAboutMinutes 09/07/1976 172 CITY COUNCIL MEETING Port Angeles, Washington September 7, 1976 CALL TO ORDER The meeting was called to order by Mayor Olson at 7:30 P.M. II ROLL CALL Members Present: Councilmen Anderson, Buck, Haguewood, Hordyk, Ross, Wray. I Members Absent: None. Staff Present: Manager Whorton, Attorney Taylor, Clerk Parrish. D. Flodstrom, R. Orton, H. Kochanek, J. Honnold, P. Carr, R. Parrish, J. Sweatt. Guests Present: L. Sunny, C. Rennie, D. E. Rudolph, C. Cantrell, L. Switzer, B. Matte, G. Dansereau. III MINUTES Councilman Hordyk moved the minutes of the August 17 and August 31, 1976 meetings be accepted and placed on file as received. The motion was seconded by Councilman Buck and passed by the Council. IV FINANCE 1. Bid Award. Mayor Olson read Finance Director Orton's analysis of the six proposals re- ceived on the City's call for bids for a replacement machine to the Water Depart- ment's 1968 Vintage Massey-Ferguson loader-backhoe. Mr. Orton recommends in his memorandum that the Council award the bid to Puyallup Tractor for one new Model _ Case 580C Loader/Backhoe, at $15,943.00 as the lowest responsible bid received. I His report explains that the low Harbor McCulloch proposal of $9,229 was for a plus one year old used International 3400A loader/backhoe which did not meet approximately fifty percent of the required minimum specffications, and therefore must be disqualified. Valley Farm Equipment's bid of $14,561 for a Massey Ferguson 50A, the next low offering, was misleading in several aspects in that the vendor affirmed specifications that are not noted in the printed specifications for the equipment bid upon, and in addition, past experience with the City's Model 100 Massey Ferguson does not warrant endorsement of City investment in another machine of the same line. The remaining bids listed in Mr. Orton's report were $16,566 for a Ford 550 submitted by Cascade Tractor, $17,769 for a John Deere 310A from Smith Tractor and $18,273 for a Ford 550 by Buck and Sons. Councilman Anderson moved the Council award the bid to Puyallup Tractor for one new Model Case 580C Loader-Backhoe at a total bid price of $15,943 including sales tax and trade-in consideration. The motion was seconded by Councilman Haguewood. Durin9 discussion on the motion, it was determined that the Model 580C Loader- Backhoe is diesel powered, contains an enclosed cab meeting all OSHA and WISHA standards for roll-over protection cab, and has a life expectancy of at least 9 years. On call for the question, the motion carried with Councilman Buck ab- staining. 2. Sewerage Facility Plan Project. Councilman Haguewood moved the Council approve payment of $2,875.00 to CH2MHILL - for engineering services from June 27, 1976 through July 24, 1976 in connection I with sewerage facility plan. Councilman Hordyk seconded the motion and it carried. 3. Sewerage Facility Plan Pr-oject, Sewer System Evaluation Survey. Councilman Buck moved the Council approve payment of $398.98 to CH2MHILL for engineering services through July 24, 1976 for physical survey and rainfall simulation phases of Sewer System Evaluation Survey. The motion was seconded by Councilman Hordyk and passed by the Council. 4. Payroll. Councilman Hordyk moved the Council approve $103,256.82 Payroll. Councilman Buck seconded the motion and it carried. 173 CITY COUNCIL MEETING September 7, 1976 V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA. I Clay Rennie, a Port Angeles High School Teacher, addressed the Council with a request that the Council consiaer the JeasibiJity of placing the Oil Port.Ele(:tion for an adviso,ry vote of the people on the September 21, 1976 Primary Election Ballot rather than on the November 2, 1976 General Election Ballot. The State Energy Site Evaluation Council plans to return to Port Ange 1 es in October and the advi sory vote resu lts woul d be more meaningfull and effective if presented to the Siting Council at the October meeting, prior to the Siting Council making their determination regarding the status of the land use plans and/or zoning regulations, Mr. Rennie:stated, A discussion followed concerning the legal time requirements for requesting the County Auditor to place issues on the Primary Ballot or to hold a Special Election, both of which are' forty-five days prior to the proposed election, and, the legality of issuing separate paper ballots to Port Angeles.citizens voting in the Primary and manually tabulating the results. Attorney Taylor advised the Council that it would be necessary for him to confer with the County Auditor to determine if seperate paper ballots would be permitted, with manual tabulations of the votes cast. Councilman Buck moved the Oil Port Advisory Election be held in conjunction with the September 21, 1976 Primary Election by issuing seperate paper ballots, contingent upon approval of the County Auditor. The motion was seconded by Councilman Haguewood. Councilman Anderson inquired whether the Council could take formal action on the Planning Commission's recommendation to amend the Comprehensive Plan prior to the December meeting and was informed that tabled items can be removed from the table at the discretion of the Council. On called vote, the motion was passed by the Council with Councilman Ross not voting. It is noted that Councilman Ross was not present in the Council chambers during Council discussions on the Oil Port Election. I Eugene Dansereau, 730 E. 10th Street, reported that there are excessive bumps in the street at the corner of Fifth and Peabody Streets, on both the north and south sides of the intersection. He was assured by Mayor Olson that the Public Works Department will take care of this matter. Blanchard Matte also noted there are nails protruding on the Laurel Street steps. The Public Works Department will also correct this condition. VI LEGISLATION 1. Mayor Olson read in full a "PROCLAMATION" proclaiming September 17 through September 23, 1976 as "CONSTITUTION WEEK" to urge all citizens to study the Constitution and to express gratitude for the privilege of American citizenship in our Republic functioning under the superb body of laws - the Constitution of the United States of America. Councilman Hordyk moved the Council approve the Proclamation and authorize Mayor Olson to sign the Proclamation on behalf of the City of Port Angeles. Councilman Wray seconded the motion and it carried. 2. At thispoi~t in the proceedings, Councilman Ross requested Mayor Olson read a letter addressed to the Mayor from Jack Estes, a copy of which was presented to each Council member, Manager Whorton, and the news media on September 7, 1976. I The letter related to the Oil Port matter and in essence Mr. Estes informed Mayor Olson and the members of the Council that the charge of conflict of interest levied by Mr. Estes against Councilman Ross at the August 31, 1976 special council meeting was serious and requests he be informed exactly what steps the Council intend to take in this matter. After relating his reasons for determining that a conflict of interest on the part of Councilman Ross does exist, Mr. Estes states an investigation is in order, and possibly a reconsideration of all Council action taken on the Oil Port matter may be in order. Mr. Estes included what, in his opinion, was documented evidence with his letter for the Council's information. Councilman Ross then read her statement in answer to Mr.':Estes' conflict of interest charge in which Mrs. Ross requests City Attorney Taylor and the City Council to consider the matter for clarification, meanwhile she will refrain from sitting during any discussions of oil port until the issue is resolved. 174 CITY COUNCIL MEETING September 7, 1976 VI LEGISLATION 2. cont. Stating she is fighting for her rights as an American citizen to hold office and operate a buisness at the same time, carefully keeping the two sep~rate'l she insists on an immediate hearing or work session before the whole Clty Council in which Mr. Durkan and Mr. Fuller of Northern Tier, as well as Mr. Estes appear and that all testimony be sworn. Prior to leaving the Council Chambers, Councilman Ross requested the Council to take action at this meeting for conducting a hearing on this matter. Mayor Olson next introduced for discussion Resolution No. 17-76 providing for a special advisory election to be held on the issue of the installation of an oil port on Ediz Hook in Port Angeles. In view of the fact that a firm date for holding the election cannot be established at this time, Attorney Taylor advised the Council that the Resolution as written may need to be revised. It is noted that the Council tGok formal action at the August 31, 1976 Special meeting to place this issue on the November 2, 1976 General Election Ballot. Councilman Haguewood moved the Council adopt Resolution No. 17-76 entitled, RESOLUTION NO. 17-76 A RESOLUTION of the City Council of Port Angeles providing for a special advisory election to be held on September 21, 1976 or November 2, 1976, whichever election is available, on the issue of the installation of an oil port on Ediz Hook in Port Angeles, Washington. the fo,e,01,1II Councilman Wray seconded Councilman Haguewood's motion to adopt Resolution. Resolution No. 17-76 directs the City Attorney to prepare a concise statement containing the essential features of the question to be voted upon; the Council next discussed with Attorney Taylor the proposed wording to be con- tained in this statement. Councilman Anderson then spoke in favor of the motion presently before the Council. On call for the question, the motion to adopt Resolution No. 17-76 was passed by the Council with Councilman Ross not voting. Councilman Ross' request for a public hearing was taken under consideration at this time. After discussing the matter, the Council decided to schedule a special meeting at the earliest possible date for the purpose of addressing the conflict of interest charges, with the details of the meeting being arranged by Manager Whorton. 3. A proposed Resolution to provide for a special election to determine if a portion of Green's Belle View Addition should_be annexed to the City was the next order of business. Manager Whorton's memorandum to the Council, which I Mayor Olson read in full, explained that Ordinance No. 1883, adopted on July 6, 1976 to annex this area, contains the provision that this unincorporated island of territory would be automatically annexed on August 25, 1976 unless a sufficient number of signatures on a referendum petition was filed prior to that date requesting a referendum vote on said annexation. In his report, Manager Whorton informs the Council that a sufficient petition request- ing a referendum vote was filed with the City Clerk on August 19, 1976 and outlines the underlying reasons why the petition was filed. His recommendations to the Council are to adopt the resolution setting the election as is called for by law, direct the staff to send a copy of the resolution and his memo- randum to each property owner in the affected area so they can know the status of the annexation and that all considerations and requests involving any portion of the involved area must follow the normal review procedures. Mayor Olson read the title of Resolution No. 18-76 entitled, "I CITY COUNCIL MEETING September 7, 1976 VI LEGISLATION 175 ./ - . 3. "tont. RESOLUTION NO. 18-76 A RESOLUTION of the City Council of the City of Port Angeles.prov~ding-Ior an election to determine whether vacated Blocks 3 and 4 and Blocks 5 and 6 in Green's Belle View Addition to Port Angeles together with adjacent streets and alleys as platted shall be annexed to the City of Port Angeles. Councilman Haguewood moved the Council adopt the foregoing Resolution as read by title. The motion was. seconded by Councilman Buck and passed by the Council. 4. Councilman Buck moved the proposed Ordinance establishing thermal insula- tion standards be taken from the table. The motion was seconded by Councilman Haguewood and carried. It is noted that this subject has been an agenda item since May, 1976. Mayor Olson then read Manager Whorton's memorandum relating to this matter in which Manager Whorton recommends that in lieu of adopting a perhaps premature Ordinance for establishing thermal insulation standards, the Council reaffirm their established policy of actively supporting and cooperating with BPA in carrying out energy conservation. BPA has now developed an "Energy Management and Conservation Program" and one of the goals of this program is "To have energy conservation requirements included in the building codes of the four ~ Northwest states by 1979." Manager Whorton indicates that he agrees with this approach of doing it on a statewide basis and thinks that the City ought to delay action on this subject until the entire state is ready to act on it. I The Council discussed energy conservation measures and requirements and their effect upon the City with Manager Whorton and Light Department Superintendent Honnold. During the discussion, Councilman Wray spoke in favor of the Ordinance and named seven Washington Cities that have adopted Ordinances establishing thermal insulation standards. Other Council members felt the subject should be thoroughly researched prior to any action being taken. Councilman Hordyk moved the proposed Ordinance establishing thermal standards be denied. The motion was seconded by Councilman Buck and carried with Councilman Wray voting "NO." Councilman Haguewood moved the Council reaffirm their established policy to . ~ actively support and cooperate with BPA in establishing and carrying out ~ their Energy Conservation Program. Councilman Hordyk seconded the motion .and it carried. 5. An Agreement between the City of Port Angeles and Clallam-Jefferson County Community Action Council, Inc., was read in full by Mayor Olson. Manager Whorton advised the Council that this document relates to Senior Center Staff member Madge Olson whose position was reduced to half-time during the 1976 budget sessions because of a shortage of funds. The "Agreement" formalizes the monetary support provided by the Clallam-Jefferson Community Action Council toward retaining Madge Olson on a full time basis for 1976. I A discussion relating to the Senior Center ensued during which Councilman Hordyk stated for the record his postition relating to the basic concept for operations of Senior Citizen Centers. Councilman Haguewood moved the Council approve the "Agreement" between the City of Port Angeles and the Clallam-Jefferson Community Action Council, Inc. The motion was seconded by Councilman Wray and carried with Councilman Buck abstaining. 6. In reference to a letter received from John Doane of Continental Associates, Inc. inquiring whether certain City lots can be sold, the Council decided to refer this matter to Manager Whorton for clarification and a report back to the Council at the September 21, 1976 meeting. 176 CITY COUNCIL MEETING September 7, 1976 VI LEGISLATION 7. Councilman Wray moved the Council authorize a Letter of Exemption from the Shoreline Management Act to Crown Zellerback Corporation for the modification and upgrad ing of the power boi fer system at the Port Angeles Mill to bri ng the facility in full compliance wi-th all regional, state and federal air quality standards. The motion was seconded by Councilman Ross and passed by the Council . 8. Councilman Anderson moved the Council approve M & R Timber, Inc. 's application for a Shoreline Permit to construct lumber dry kilns on the mill site in the vicinity of Marine Drive and "F" Streets. The motion was seconded by Council- man Haguewood and carried. I 9. Councilman Wray moved the Council ratify an Amendment to the Municipal Employees Local 1619 Contract to change the holiday schedule to coincide with the new state law. The motion was seconded by Councilman Hordyk and passed by the Council._ It is noted that the only change in the holiday schedule is the trading of general election day each year for the day after Thanksgiving. 10. Under late items, Manager Whorton informed the Council that on May 25, 1976 Harrington Town House applied for a Dance License. Their request was de- ferred at that time as the premises were in the construction phase and not ready for use. Police Chief Kochanek has established that as of this date, Harrington's has satisfactorily met all requirements for a Class H Dance License contingent upon approval of the Washington State Liquor Control Board. Manager Whorton recommended the application be approved subject to this condition. Councilman Hordyk moved the Council approve Harrington's application for a Dance License subject to approval of the Washington State Liquor Control Board. The motion was seconded by Councilman Anderson and carried with Councilman Haguewood abstaining. VII STAFF REPORTS 1. Councilman Hordyk moved to accept and place on file the July Light and Water Work Reports, the copy of Don Morrison's letter re dumping of waste material at Boulevard and Race, and Honnold's Out of Town Report. The motion was seconded by Councilman Anderson and carried. I 2. Councilman Ross: Extended compliments to all who participated in making the C1allam County Fair a Success- ful event. 3. Councilman Hordyk: Commented on C1a11am County's 1.5 Million Dollar Courthouse Construction Bond sale to Foster and Marshall, Inc., at a low 5.299% interest rate. 4. Councilman Wray: Commented on hazardous condition created by sidewalk parking on the north side of First and Ennis Streets. Manager Whorton will check out this situation. 5. Councilman Anderson Requested information on the July Water Department Work Report relating to Seabreeze Estates, Block A at 10th and "N" Streets, with Public Works Director F10dstrom re- porting on this item. I Extended the Kiwanis Club's appreciation to _ the Council for permitting them to conduct a very successful salmon bake on September 4, . 1976. 6. Attorney Taylor: VIII ADJOURNMENT The meeting adjourned at 9:00 P.M. ~@.~ City C1 erk ~~~~ Mayor \