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HomeMy WebLinkAboutMinutes 12/02/1980 i, CTTY COUNCTL MEETING Port Angeles, Washington December 2, 1980 I CALL TO ORDER The meeting was called to order by Mayor. Haguewood at 7:00 P.M. ~~ II ROLL CALL Members Present: Mayor Haguewood, Councilmen Boardman, Buck, Duncan, Hordyk, Polhamus, Quast. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Headrick. R. Orton, M. Cleland, P. Carr, J. Pittis, L. Glenn, A. Rose, R. Morgan, K. Rodocker, M. Grooms, L. Cosens, P. Rasler. Public Present: D. Neupert, E. Rudolph, D. Price, R. Cockrill, S. Kernes, W. Hatch, H. Berglund, G. Smith. III MINUTES Councilman Buck moved the Council accept and place on file as received the minutes of the November 18, 1980 meeting. The motion was seconded by Council- man Polhamus and carried. IV ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. V ITEMS FROM THE COUNCIL NOT ON THE AGENDA Councilman Ouast welcomed Police Chief Cleland back from his stay in the hospital and commended officers Thompson and Gallagher for the fine job they did in apprehending burglars of the Caroline Pharmacy recently. VI LEGISLATION 1. PUBLIC HEARINGS A. Street vacation: Rock hTayor Haguewood opened the public hearing on Dr. Rock's petition to vacate portions of Second Street and portions of Chase Street in Pea- body Canyon, and requested comments or questions from the audience or staff. There were no comments and Councilman Buck moved that the ~ public hearing on this matter be continued to the December 16, 1980 Council meeting. The motion was seconded by Councilman Hordyk and carried. B. 1981 Preliminary Budget and Revenue Sharing Budget Mayor Haguewood opened the public hearing on the 1981 Preliminary Budget and 1981 Revenue Sharing Budget, and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Mayor Haguewood then noted that additional public review sessions have been set for December 12 and 13, 1980, at which time the various City Departments and Agencies will be presenting, in detail, their 1981 budget requests. Following these sessions the City Council will then have an additional opportunity to further review the budget at its December 16th Council meeting. 2. RESOLUTION: ALLEY VACATION (ROBINSON) Mayor Haguewood introduced and read by title Resolution No. 3480 entitled, ?j CITY COUNCIL MEETING December 2, 1980 VI LEGISLATION 2. Cont. Resolution No. 34-80 Councilman Polhamus moved the Council adopt the foregoing Resolution as ~' read by title by Mayor Haguewood, setting a public hearing date of January 20, 1981 for consideration of this petition, and refer the matter to the Planning, Commission for a recommendation. The motion was seconded by Councilman Hordyk and carried. A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of the 7th/8th alley, east of Chambers Street. 3. PLANNING COMMISSION RESOLUTION N0.34-80 . A RESOLUTION of the Clry pi Port Angeles setting a hearing dote fora petition to vacate - o portion of the 7th/8th alley, east o1 Chambers Street. WHEREAS, the owners of interests in reol astote obutting portions of the 7th/8th alley, east of Chambers Street, have filed a petition with the City Clerk to make vocation of the north one-holf of the 7th/Bth alley abutting tots 1 to 3; and the south one•half of the 7th/Bth alley obutting Lots 16, 17 and 18, all in 81ock 221, Townsite of Port Angeles; and WHEREAS, said petition appears to have been signed by the owners of more than two•ihirds of the property abutting upon the portion of said alley sought to be vocated; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL ( OF THE CITY OP PORT' ANGELES as follows: Section 1. The petition to make such vocation shall be heard and determined by this Council on the 20th day of January, 1981, which is not i more than sixty (60) days nor less than tweny (20) days hereofter. Section 2. The Ciry Clerk is hereby directed to give twenty (20) days notice of the pendenq of snid petition ~ according fo the provisions of ~~. i RCW 35.79.020- PASSED by the Council of `the City of Port Angeles this M 2nd day of December, 1980. Samuel J. Haguewood MAYOR I ATTEST: Marian C. Porrish, City Clerk APPROVED ASTO FORM: Craig L. Mil Iar,~Attorney Pub.: Dec. 14 21 28, 1980, Jan.4, 1981 Conditional Use Permit: Nicholson Mayor Haguewood opened the public hearing on Mr. Nicholson's request for a conditional use permit to construct a duplex in a RS-7 District, located on the northwest corner of Lopez and Eunice Streets, and re- quested comments or questions from the audience or staff. During the discussion which followed, Mr. Nicholson presented his reasons for requesting the duplex and exhibited photographs of the site; he also commented on each of the Planning Commission's reasons for denial of his request, and submitted a petition, signed by seven neighboring residents, voicing their approval of the proposed duplex. The Council, Planner Carr and Mr. Nicholson then discussed the lot size (7,500 square feet, which would require a variance); adjoining property ownership and use; past uses of the subject property; and the need for improving this neighborhood. There were no further comments and the public hearing was closed. Councilman Buck then moved the Council concur with the recommendation of the Planning Commission and deny Mr. Nicholson's request for a con- ditional use permit for the following reasons: {1) the population den- sity on the lot, if the duplex were granted; would be in excess of that anticipated by the Comprehensive Plan and Zoning Ordinance; (2).grant- ing the conditional use permit would convey a special privilege to the applicant not shared by other duplexes in a single-family residential zones; and (3) a duplex on a 7,500 square foot lot does not meet the standard condition of 10,500 square feet for a duplex in the RS-7 Zone and would not be compatible in a single-family residential neighborhood, The motion was seconded by Councilman Hordyk and carried with Council- man Polhamus voting "N0." Parking Variance: Heerschap 1 Mayor Haguewood opened the continued public hearing on the Heerschap request for a reduction in required off-street parking spaces from five to two, located at 401 East Front Street, and requested comments or questions from the audience or staff. Ms. Billie Hogland, representing the applicant, then addressed the Council to explain the proposal and answer several questions raised during the November 18, 1980 Council meeting in regard to parking at Haines Park and vehicles backing out onto Front Street. Ms. Hogland explained that the building will be used as an office for an investment and commercial real estate busi- ness, with very few customers during the working hours. They are also now proposing three 10 foot wide parking spaces instead of the origi- nally proposed two. The Council, Planner Carr, and Ms. Hogland then _ discussed the property in question and the restrictions placed on it for development-because of zoning, and the size of the lot. Councilman Quest then moved the Council grant the parking variance for reduction in required off-street parking spaces from five to four, as shown on Parking Plan "A", with the stipulation that the property be turned into a professional, commercial looking building with the ap- propriate landscaping as shown on Plan "A", and with the further stipu- lation that no more than two persons be employed in that particular establishment. The motion was seconded by Councilman Duncan. CITY COUNCIL MEETING 3 December 2, 1980 VI LEGISLATION 3. Cont. During discussion on the motion, Councilman ~uast pointed out that much of the landscaping, curbing, sidewalk, etc. will need to be changed so that there will be adequate space to back out of the parking lot into the parking lane instead o£ onto Front Street.. On call for the ques- tion, the motion was passed by the Council with Councilmen Hordyk and Polhamus voting "NO." 4. CITY/COUNTY JAIL AGREEMENT 1' County Commissioners Lotzgesell, lti'chards and Lydiard were present at this meeting to try and resolve the issue of the City/County jail agreement. After a brief explanation from County Coordinator Ben Stone on the unre- solved issue (the procedure for calculating daily prisoner cost) Mayor Haguewood advised the Commissioners that the Council felt the County's latest proposal ($28.54 per prisoner per day) amounted to double taxation; •City residents already support County services, and supported construction of•the County jail facility through payment of property taxes. Moreover, the City should not have to pay more than the cost of providing additional services to City prisoners. The County disagreed with this, stating that the City should be paying a portion of the jail's fixed costs. The County also pointed out that they are not charging the City for capital costs. Following lengthy arguments by both parties on why and why not the City should pay for a portion of the County jail's fixed costs, Councilman Hordyk moved the Council table this matter for a minimum of thirty days. The motion died for lack of a second. 'Councilman Quast then moved that the Council authorize staff to sign a 10 year contract with the County for use of the County jail facility, with the 'stipulation of a six month trial Cost fee of $20.00 per prisoner, and in six 'months review the methodology of the cost figures and adjust them accordingly. The motion was seconded by Councilman Buck. On call for the question, the motion was passed by the Council. The County Commissioners then left the Council Chambers to caucus on the Council's motion. ~ The County Commissioners returned to the Council Chambors approximately one hour later. Commissioner Lotzgese].1 then informed the Council that it is "extremely doubtful" that a six month contract would be approved by the State Jail Commission. He also pointed out that the $28.54 figure was for the remainder of 1980 and was based on 50 prisoners per day. That figure would increase to $33.60 for 1981, with the County guaranteeing •a minimum of 65 prisoners per day (the basic formula would be based on the estimated total operating cost divided by the average number of prisoners}. If the jail population goes beyond 65, the City's cost would then be reduced to approximately 524.00 per day. Councilman Ouast then pointed out that the Council's motion was to sign a 10 year contract with review of the $20.00 per prisoner fee in six months. Deputy Prosecuting Attorney Mike Chinn also pointed out that the State statute requires that any contract must include the applicable charges for the custody of prisoners as well as the basis for the adjustment of those charges. If the County signs a 10 year contract without the provision for the adjustment of the charges, the Jail Commission could very well not release the $800,000 to the County since they did not comply with the State statute. After briefly discussing the County's counter-proposal, the Council agreed to discuss the County's offer with staff and schedule another joint meeting with the County Commissioners. 1 5. SENIOR CITIZEN ENERGY CREDIT PROGRAM. Mayor Haguewood read a memorandum from Finance Director Orton concerning modification of the City's utility billing system for the Energy Credit Program. Western Data Corporation has submitted an estimate of $5,340 for this one-time cost, which would: (1) provide a budget installment plan averaging estimated annual bills over a.12 month period; and (2) allow £or a monthly adjustment on the bill for the elderly credit. CITY COUNCIL MEETING December 2, 1980 VI LEGISLATION 5. Cont. Councilman Buck then moved the Council authorize Finance Director Orton to proceed with modifying"the, utility billing system for the Energy Credit Program, using Western Data's bid of $5,340.00. The motion was seconded by Councilman Duncan. During discussion on the motion, Councilman Hordyk and Finance Director Orton discussed-why this expense will be absorbed by the Revenue Sharing reserve for financial software ($48,000) instead of using the $30,000 allocated to the Energy Credit Program. Following further discussion on the Credit Program, the question was called for and the ~ motion passed with Councilman Hordyk voting "NO." 6. CITY LIGHT FUND Mayor Haguewood read a lengthy memorandum from Finance Director Orton and Light Director Cosens concerning the cash status of the City Light Fund. The memo outlined the financial instability of the fund; the principal causes of the Light Fund's deterioration; the sources by which the utility obtains funds for capital costs or project work; and actions which have already .been initiated and which are planned for the future in order to maintain current manning levels, meet construction obligations already begun, and allow for some financial growth. Actions which have already been initiated include: (1) sold the Water Revenue Bonds to other City funds at a discount sufficient to return a competitive yield to the buying funds; (2) suspended any new capital purchases; (3) delayed delivery of $250,000 of sub-station transformers until summer 1981; and (4) begun a forecast of short-run capital costs. Future actions include multiple rate increases in 1981 and 1982, and financing of new construction projects through revenue bonds instead of from earnings. Following a brief explanation from Finance Director Orton on why the Light Fund will suffer a loss of $29,000 from the sale of the Water Revenue Bond to other City funds, Councilman Buck moved the Council approve staff's actions on the City Light Fund to date. The motion was seconded by Council- man Duncan and carried. 7. AIRPORT INDUSTRIAL PARK: DEDICATION OF STREETS & UTILITIES This agenda item was passed over. 8. PURCHASE OF CITY PROPERTY: R. DOWNEN Councilman Hordyk informed the Council that the Real Estate Committee had advised Mr. Downen that the property in question (Lots 16 and 17, Block 172, Townsite} was not for sale. 9. REPORT ON TRIP TO YAKIMA This agenda item was passed over. 10. NORTHERN TIER NEGOTIATING SESSION Manager Flodstrom handed out Northern Tier's preliminary position paper on Transportation Impacts and stressed that there are no significant differ- ences between the City''s position paper and Northern Tier's. Public Works Director Pittis then read each Section of the City's position paper, com- paring it with Northern Tier's position. Following an objection from Northern Tier to Section III (Repair Procedures - During Construction), subsection C, second paragraph (". such damage being all or partially caused by Northern Tier. ."), the City submitted an alternate position paper on this subsection which established ". a Formula for determining payments by Northern Tier to the City for repair and maintenance of City streets during construction of. the Northern Tier Marine Terminal." The City's alternate language was drafted after the staff concluded that it would be virtually impossible to determine how much road damage was in fact caused by Northern Tier. CITY COUNCIL MEETING December 2, 1980 VI LEGISLATION 5 10. Cont. During discussion on the proposed formula, Gary Smith handed out a chart containing figures on Northern Tier's reasonably expected truck traffic and what percentage of the total truck traffic will be on certain roads. Also discussed was the need fora better definition for the conclusion of con- struction, and a better heading for Section ITT C, such as "Repair Compen- sation Boring Construction." Bill Sage then indicated that the City's proposed formula for determining payments by Northern Tier to the City for repair and maintenance of City streets during construction of the Northern Tier Marine Terminal was acceptable to Northern Tier. Following further discussion on the difficulty of trying to determine how much road damage will be done by Northern Tier trucks, Councilman Hordyk moved the Council accept the amendment to the City's Position Statement on Transportation Impacts. The motion was seconded by Councilman Ouast and carried with Councilman Buck voting "NO." The discussion continued on the remainder of the Transportation Impacts position papers, with a few, minor amendments. During discussion on Section V, Special Provisions, the City agreed to add the following lan- guage to subsection "C". at full cost to Northern Tier. However, the cost to Northern Tier may be reduced by an amount the City collects for maintenance, under existing lease agreements." Councilman Ouast then movea the City accept the preliminary position statement concerning Transporta- tion Impacts, as amended. The motion was seconded by Councilman Hordyk and carried. The Council then scheduled a public hearing on this matter at the December I6, 1980 regular Council meeting. Councilman Quast then informed the Council that he had spoken to Jim Hodge, Northern Tier's Vice-President in charge of Government and Public Affairs, and again requested a letter of authorization from Northern Tier which indicates that the signature of Mr. Hodge upon the City/Northern Tier ' agreements is binding upon the Company. Councilman Ouast was informed that this letter would be forthcoming shortly. However, Councilman Ouast did advise Mr. Hodge that the City would not continue into the next step of negotiations until the letter is received. If the letter is received, the next topic of negotiation will be the Oilspill Issue. VII ADJOURNMENT TO EXECUTIVE SESSION The meeting was adjourned t0 an Executive Session at 10:35 P.M. VIII RETURN TO OPEN SESSION The meeting returned to open session at 11:00 P.M. Councilman Hordyk moved to continue the meeting. The motion was seconded by Councilman Ouast and carried. VTX FINANCE 1. BUNJE/DOWSE REZONE: PAYMENT TO EIS CONSULTANTS Councilman Hordyk moved the Council authorize payment of $3,000 to Fakkema and Kingma, Inc. for review and data gathering on the Bunje/Dowse rezone Environmental Impact Statement. The motion was seconded by Councilman Polhamus and carried. X CONSENT AGENDA Councilman Hordyk moved the Council accept the items listed under the Consent Agenda including Vouchers Payable of $449,119.98 and Payroll of $161,229.57 The motion was seconded by Councilman Boardman and carried. XI ADJOURNMENT The meeting adjourned at 11:15 P.M. °1~~~ , /~ City Clerk Mayor