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HomeMy WebLinkAboutMinutes 11/02/1982 355 CITY COUNCIL MEETING Port Angeles, Washington November 2, 1982 I CALL TO ORDER I Mayor Duncan called the meeting to order at 7:00 PM. II ROLL CALL Members Present: Mayor Duncan, Councilmen Gerberding, Haguewood, Hordyk, polhamus, Whidden. Members Absent: Councilman Quast. Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Lannoye, P. Carr, M. Cleland, L. Cosens, D. Frizzell, L. Glenn, J. Pittis, R. Orton, G. Braun, B. Jones, A. Rose, D. VanHemer~, T. Sterner, J. Hordyk, M. Campbell. Public Present: Mr. & Mrs. B. Robertson, L. Ross, S. Fahnestock, P. Martin, M. Martin, W. Roden, E. Tinkham, R. Levin, W. Watkins, M. Doherty, N. Turner, A. Armstrong, L. Torres, S. Taylor, T. Newcomb, D. Smith, H. Frazier, H. Berglund, D. Hughes. I II MINUTES Councilman Polhamus moved the Council accept and place on file as received the minutes of the October 19, 1982 meeting. Councilman Gerberding seconded and the motion carried. III IV CONSENT AGENDA Coucilman Hordyk moved the Council accept the items listed under the Consent Agenda including correspondence from the Washington State Liquor Control Board, Vouchers of $688,369.02 and Payroll of $189,799.43, and Councilman Gerberding seconded. Councilman Whidden requested clarification of a couple of items on the Voucher Approval List, and on call for the question the motion carried. V FINANCE 1. Water Heater Wrap Program Mayor Duncan summarized Light Director Cosens' memorandum regarding award of a contract to Certified Insulation to install residential hot water heater wraps under the City's current conservation program with BPA. After brief Council/staff discussion, Councilman Hordyk moved the Council accept Certified Insulation's bid as low bid for the project and authorize the Mayor to execute a contract with Certified Insulation to supply and install residential hot water heater wraps; Councilman Whidden seconded and the motion carried. 2. Legal Fees for City's Participation in Utility Defense Group - WPPSS /--- Lawsuits I Mayor Duncan summarized Attorney Miller's memorandum regarding legal fees of $11,106.21 for the periods of July - August and August - September for the City's participation in the Utility Defense Group. As has previously been discussed, the amount of the monthly billings has been higher than that orginally expected due to the accelerated litigation schedule adopted by the judge hearing the Chemical Bank lawsuit and thus intensification of legal preparation for the case. Noting that it appears the total of the UDG billings will remain within budget, Councilman Polhamus moved the Council authorize payment of $11,106.21 to legal counsel, for the City's 356 CITY COUNCIL MEETING November 2, 1982 't participation in UDG. Councilman Gerberding seconded. Councilman Hordyk noted that these payments are just the beginning of a long series of payments the City could eventually be asked to pay for attorney's fees. On call for the question the motion carried with Councilmen Haguewood and Hordyk voting "no". VI 1. ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Don Rudolph, Port Angeles, noted it was difficult to hear the Councilmembers I during the meetings. He was also disappointed that notice of the slide show to be shown of the Mayor's trip to Valdez, Alaska and Long Beach, California had not been advertised earlier in the paper. 2. ITEMS FROM THE CITY COUNCIL NOT ON THE AGENDA Councilman Haguewood noted the intersection of First and Lincoln Streets appeared to have a high accident rate and requested staff investigate re-timing the traffic signals, ect. to make it safer. Councilman Hordyk also suggested staff look into a contrasting color scheme for City Patrol vechicles to make them more visible to on-coming traffic. VII LEGISLATION 1. PUBLIC HEARING - WESTCO MARINE - SHIP REFUELING FACILITY Mayor Duncan opened the public hearing on WESTCO Marine's application for a Shoreline Substantial Development Permit for establishment of a shoreside storage and supply facility/fuel yard located west of Tumwater Street, south of Marine Drive, north of Third Street and requested comments or questions from the audience. Clay Betting, owner and operator of WESTCO Marine Services, outlined the steps he had taken in applying for a Shoreline Substantial Development Permit, and noted that upon filing an Environmental Checklist the Department of Ecology had determined no Environmental Impact I Statement would be required. He also noted the favorable economic impacts the facility would have locally. Throughout the course of the public hearing the following individuals expressed concern regarding the proposal: Bob Robertson, 834 W 4th, Port Angeles; Homer Frazier, 249 Anderson Road W, Sequim; Hattie L. Berglund, 1834 W 7th Street, Port Angeles, N. Turner, 817 Mt. Angeles Rd., Port Angeles; A. Armstrong, 317 Lotzgesell Rd., Sequim; M. Doherty, 617 South B, Port Angeles; and S. Taylor, 2330 King, Joyce. Major concerns were for the increased risks of fire, explosion and oil spills; increased vessel traffic and bunkering activity in the harbor; lack of City regulation over bunkering activities; a lack of equipment to combat waterside or vessel fires; and lack of an environmental impact statement. Individuals testifying in favor of approval of the permit noted the facility would provide a safer means of fueling than the present bunkering activities taking place in the harbor and an increase in the number of jobs. They also urged the Council to adopt regulations over bunkering activities taking place in the harbor and to work with WESTCO Marine to minimize the dangers of this operation. They were: B. Roden, 4520 Highway 112 W, Port Angeles; L. Torres, 1620 W 13th, Port Angeles; D. Hughes, 1322 W 10th, Port Angeles; T. Newcomb, 1857 Harborcrest Place, Port Angeles; Lorraine Ross, 418 E. Front, Port Angeles; and D. Smith, 1125 E. 2nd, Port Angeles. There being no further comments Mayor Duncan closed the public hearing. I During Council discussion of the application Councilman Hordyk noted that though the City still had a long way to go in controlling and regulating the hazards in the harbor, Westco Marine's proposal represented a worthwhile project that should be pursued. Councilman Haguewood noted that the Planning Commission had studied the proposal at length, received extensive public testimony prior to approving the application, and questioned if any new information had been presented at this public hearing of which the Planning Commission had not been apprised. Planning Commissioner Downie indicated this was not the case. Councilman Whidden then noted the lack of I I I CITY COUNCIL MEETING November 2, 1982 fire suppression facilities andlor oil containment booms which should be provided and questioned who would be purchasing this equipment. Councilman Gerberding had concerns for and questioned Clay Betting regarding anticipated increases in harbor traffic; amount of fuel that will be delivered; blending of fuels; pollution control; requirments for bunkering at the docks; flashpoints of the fuels to be sold; and tank separation. Councilman Polhamus indicated that many of his questions had been answered in earlier discussion and moved the council concur with the recommendation of the Planning commission to approve Westco Marine's Shoreline Substantial Development Permit for the establishment of a bunker fuel facility in the vicinity of Port Terminals 1 and 3, with the following conditions: (1) That the fire hydrants and the propane-fueled boiler be relocated outside the containment wall of the tank storage facility, or the wall be so redesigned to achieve the same purpose. The Uniform Fire Code, 1979 Edition, NFPA #30, guidelines and criteria of the Fire Department shall be followed in the design, construction and operation of the facility; (2) That storm water runoff be directed through an oill water separator directly north of Port Angeles Harbor. A storm water plan shall be designed for a 25 year storm and submitted at the time of the building permit; (3) Prior to operation, the City Light facilities shall be relocated and easements provided in accordance with the requirements of the City Light Department, if the alley in Block 97, TPA, is vacated; (4) A finished texture and color and interior lighting shall be selected which reduces the visual impact of the storage tank site; (5) The tanks must have steel bottoms to reduce the likelihood of undetected leakage; (6) The periphery adjacent to street rights-of-way of the fuel storage facilities shall be landscaped outside of the retaining wall, in accordance with review by the Parks Department; (7) The Applicant shall submit the operational procedures for fuel handling and storage to the City in order to minimize accidental spillage and provide satisfactory means for handling any spills that do occur; and (8) That all design, construc- tion, and operation be consistent with the requirements of all City Departments with jurisdiction. He cited the following as findings of fact: (A) Since the fuel tanks are landward of the shoreline, at the base of a bluff, the transmission pipe and fueling stations are located underground or in existing docks, and the ships will be roughly the same size and in the same location as log ships, public visual access to the shoreline will not be significantly obstructed. Accordingly, the proposal is in substantial compliance with General Regulation 2 and Land Use Element 2; (B) The proposal is a water-related use rather than a shoreline-dependent industrial use requiring frontage on navigable waters, and therefore does not comply with General Regulation 1. The proposal substantially complies with General Regulations 4 and 5 because it upgrades and re-developes an area that is already intenSively developed rather than extending into a low-use area of the Harbor; and it should reduce the exposure of a Shoreline of Statewide Significance to detrimental impacts. Accordingly, the proposal substantially complies with the General Regulations; (C) While the proposed use should not be given priority over other industrial uses requiring frontage on navigable waters because it can occur on open waters, it does result in the cooperative use of docking facilities, which is strongly encouraged. Given the amount of activity in the Harbor, there is a benefit to concentrating bunkering in a small area of the Harbor, particularly when it involves cooperative use of existing industrial docks. Accordingly, the proposal appears to be in substantial compliance with Use Activity 8.A and D; (D) The risk of fire and explosion is reduced and improved fire protection can be provided in the proposed location. According 1 y , the proposal Substantially complies with Use Activity Policy 7.E; and (E) The site and area is planned for industrial uses in accordance with the City Comprehensive Plan. The proposal is a permitted use in the M-2 District, as designated by the City Zoning Ordinance. Councilman Hordyk seconded and noted that this action reflected approval of the project but that certain stipulations remain to be encountered and addressed. On call for the question, the motion carried, with Councilman Gerberding voting "No". Councilman Gerberding noted his objection was based on his concerns voiced earlier as he felt they should have been investigated more thoroughly prior to approval. 357 358 CITY COUNCIL MEETING November 2, 1982 2. Planning Commission Minutes of October 27, 1982 Mayor Duncan reviewed the Planning Commission Minutes of October 27, 1982 and noted the Commission had taken no specific action requiring Council consideration. Councilman Hordyk moved the Council accept and place on file as received the Planning Commission Minutes of October 27, 1982. Councilman Whidden seconded and the motion carried. 3. Consideration of Regulations on Topless Dancing The Council had tabled consideration of this item at the October 19, 1982 Council Meeting. Manager F1odstrom advised the Council of two petitions received since the October 19th meeting supporting regulation of stripping activities in Port Angeles. He also passed out for the Council's consideration a packet of information containing research items addressing how several other Washington cities have dealt with and addressed this issue. Councilman Haguewood suggested that in light of the additional information received the Council leave this item on the table. The remainder of the Council concurred. 4. Valdez and Long Beach Trip Report Fire Chief Glenn presented a slide show of the EFSEC fact-finding view trip to the oil port harbors of Valdez, Alaska, and Long Beach, California, which he and Mayor Duncan attended in September of this year. Mayor Duncan. then read her memorandum to the Council regarding factual information gleaned i. from the trip and recommended the Council use the information in the City's efforts to prevent the oil port from being situated in Port Angeles as well as for use in negotiating impact funds in the event Northern Tier should locate here. 5. PNB Proposal for Phone Bill Collection Center at Senior Center and/or City Hall Parks Director Frizzell briefed the Council on the proposal to locate a phone bill collection center at the Senior Center and/or City Hall due to the recent closing of the local collection office. Councilman Gerberding moved the Council authorize staff to further investigate the possibilities of this proposal and Councilman Whidden seconded. Councilman Hordyk questioned if this could be extended for utility bills, and Councilman Haguewood requested staff also look into the City's potential liabilities, bonding requirements, etc., should the City enter into such an arrangement with the phone company. On call for the question, the motion carried. 6. Residential Weatherization Program Alternatives Mayor Duncan summarized Light Director Cosens' memo regarding available options from BPA to the City in their Residential Weatherization Program; i.e., the Zero-Interest Loan Program vs. Buy-BaCk Program. The Utility Advisory Committee recommended the Zero-Interest Loan Program, and Councilman Hordyk moved the Council authorize the Light Department to proceed with implementation of the Zero-Interest Loan program. Councilman Gerberding seconded and after further discussion the motion carried. 7. Solid Waste Utility Cost-of-Service Study Public Works Director Pittis presented to the Council the results of the Solid Waste Utility Cost-of-Service Study and Operations Rep?rt. He noted that the current rates established in February, 1981 will prove insufficient to cover increasing operating costs in 1983. Staff is currently looking into ways to reduce variable operating costs to lower or possibly offset a rate increase and will be reporting back to the Council in the near future. B. Planning Commission Relocation of Meetings at City Hall Council Chambers Mayor Duncan summarized Manager Flodstrom' s memorandum regarding the Planning Commission's decision to hold future meetings at City Hall in the I I I I I CITY COUNCIL MEETING November 2, 1982 remodeled Council Chambers instead of meeting at the County Courthouse Meeting Room 160. The Council concurred to authorize Manager Flodstrom to handle the necessary arrangements. 9. Utility Advisory Committee Meeting The next meeting of the Utility Advisory Committee was scheduled for Tuesday, November 9th, at 5:00 PM. VIII LATE ITEMS None. IX ITEMS FROM THE AUDIENCE/CITY COUNCIL NOT ON THE AGENDA Evelyn Tinkham, Port Angeles, recommended the Solid Waste Utility consider education of the public in source separation recycling techniques in reducing operating costs, and offered her services in providing information on this topic. Mayor Duncan briefed the Council on her attendance at meetings and events as Mayor of Port Angeles and invited requests for additional information as interested the Council. Councilman Haguewood noted the Department of Transportation has plans for closing the Hood Canal Bridge in August of 1983 and recommended the Council suggest they plan the closing during a winter month. X ADJOURNMENT Mayor Duncan adjourned the meeting at 10:00 PM. ~e,~ Clerk J~Lh Mayor: ,. I 359