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HomeMy WebLinkAboutMinutes 03/04/1975 474 .PROCEEDINGS OF' THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASH. MARCH 4, 1975 The Council met in .regular session at 7 :30 P.M. Officers present were Mayor Basom, Councilmen Haguewood, Hordyk, Lukey, Olson, Ross and Wray, Acting Manager Warder, Attorney Taylor and Clerk Parrish. A motion was made by Councilman Hordyk, seconded by Councilman Wray and unanimously carried to accept and place on file, as received, the minutes of the February 18, 1975 meeting. A motion was made by Councilman Olson and seconded by Councilwoman Ross to approve payment of the retained percentage in the amount of $6,572.44 to I Valley Asphalting Co., Sequim, Contractor for Canyonedge L.I.D..No. 197, as recommended by J. Warder, Director Public Works. The thirty day period since the completion and acceptance of work done and material furnished by said Contractor on construction of said project has elapsed; clearance tas been received from the Department of Revenue and the Department of Labor and Industries; and, no liens have been filed. Councilmen Haguewood, Lukey, Olson, Ross and Wray voted "AYE". Councilman Hordyk voted "NO". Motion carried. No written notices of appeal were filed with.the City Clerk within ten days after publication of Ordinance No. 1846 confirming the assessments and the assessment roll in L.I.D. No. 197 Canyonedge. Amotion was made ~y Councilman Hordyk; seconded by Councilman Wray.and un- animously carried to approve payment of Payroll transfers in the amount of $88,145.42. Mayor Basom presented a Certificate of Award to Dr. Charles F. Raab in recognition of his two years of meritorious service on the Port Angeles Board-of Adjustment and the Mayor extended the City's appreciation to Dr. Raab for his years of service. Mayor Basom read a.letter from the Callfornia State University School of Engineering and presented a Certificate of Completion to James J. Carmichael for successfully.completing a field study course on Operation of Wastewater Treatment Plants offered by C.S.U. for the Environmental Protection Agency. Congratulations were extended to Mr. Carmichael for his successful efforts. I A motion was made by Councilwoman Ross, seconded by Councilman Hordyk and unanimously carried to accept and place on file the minutes of the Port Angeles Board of Adjustment meeting of February 25, 1975. A motion was made by Councilwoman Ross and seconded by Councilman Lukey to refer to a work session the petition for the creation of a foot and horse trail system in the city-owned 42 acre site near Scrivner and Doss Roads. The petition contained signatures of eight area property owners who offered their services as a citizens ad hoc committee to pursue this project. Councilman Haguewood, Lukey, 01 son and Ross voted "AYE". Councilmen Hordyk and Wray voted "NO". Motion carried. A motion was made by Councilman Olson, seconded by Councilman Hordyk and unanimously carried to take from the table the Director of Public Works' request for authority to retain Harstad Associates to do the engineering design for the Tumwater and Marine Drive signal installation and the First, Front, Oak to Lincoln FAM project. Acting Manager Warder informed the Council that $32,000 is budgeted in the 1975 Budget for the installation of an activated traffic signal light at the intersection of Marine Drive and the Truck Road; the engineering design costs would be approximately $6,000 of the $32,000; this project would be 100% City funded; the project would not include any changes in the traffic lanes; with I an estimated completion date of early summer. In reference to renovation of the downtown traffic signal system (six intersections), Acting Manager Warder stated $205,000 is budgeted for this project of which approximately $22,000 would be.engineering design costs; the project would be 80% State funded and 20% City funded; contingent upon the availability of materials the estimated project completion date would be late summer-early fall; the present.signal system is outdated and spare parts are unavailable. A motion was made by Councilman Hordyk and seconded by Councilwoman Ross to authorize Acting Manager Warder to retain Harstad Associates to do the engineering design for the Ma~ine 475 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASH. MARCH 4, 1975 CONTINUED Drive and Truck Road traffic signal light and for the downtown traffic signal system. At Councilman Haguewood's recommendation, Councilman Hordyk amended his original motion to include the stipulation that the authorization for the engineering design work on the downtown signal system is contingent upon receipt of written confirmation from the State Aid Dept. of State financial assistance of 80% of the project cost. The amended motion was seconded by Councilwoman Ross and unanimously carried. The next item taken under consideration was the FAM Application for the proposed revision of the Y intersection at First, Front and Golf Course Road at the East entrance to the City. Acting Manager Warder briefed the Council on the proposed project stating that the total approximate cost is $200,000, of which 80% would be federally funded as a FAM project. He also indicated there is possible participation from both the State and the County. A letter had been received from the Port Angeles Chamber of Commerce urging the Council to apply for federal funds. A motion was made by Councilman Lukey, seconded by Councilwoman Ross and unanimously carried to authorize Acting Manager Warder to complete and submit the application. A motion was made by Councilman Olson, seconded by Councilwoman Ross and unanimously, carried to take from the table the request for permission to retain CH2M to do the engineering for the Cedar Street Hill project. Acting Manager Warder informed the Council that $260,000 is currently budgeted for the correction of the Cedar Street hill slide; that the Urban Arterial Board has approved in writing the preliminary engineering for an approximate total of $36,000, the ,preliminary engineering is estimated to cost approxi- mately $15,000 of which 90% would be funded by the Urban Arterial Board; after the preliminary engineering is completed, it is assumed that U.A.B. will also approve funding 90% of the construction costs. A motion was made by Councilman Olson, seconded by Councilwoman Ross and unanimously carried to authorize Acting Manager Warder to retain CH2M to do the engineering for the Cedar Street Hill Project contingent upon U.A.B. funding 90%'of the engineering costs. . . III The following Resolution was read in full: I RESOLUTION NO. 9-75 A RESOLUTION of the Council of the City of Port Angeles, Washington, establishing salary for the Acting City Manager. (John B. Warder'.) A motion was made by Councilman Olson, seconded by Councilwoman Ross and unanimously carried to adopt the foregoing Resolution as read. The fo 11 owi ng Reso 1 uti on was read in full for the record. No Counci 1 acti on is required at this time as the Council authorized said Resolution at the February 18, 1975 Council Meeting. RESOLUTION NO. 10-75 I A RESOLUTION of the Council of the City of Port Angeles, Washington, authorizing the City to be represented at and to participate in the Clallam County Governmental Conference. A motion was made by Councilman Olson, seconded by Councilman Haguewood and unanimously carried to take from the table the Ordinance regarding a gambling tax for Fraternal Organizations. Mayor Basom read the proposed Ordinance regarding Cardrooms whereby a fee would be established on a quarterly basis for social cardrooms where no charge is made by the operator of said social cardrooms to those who play cards there- in. A discussion was heldwhere:iwFraternal Organizations who have an area of their premises set aside for the playing of cards by bona fide members of v that organization and their guest$ only, at no charge, and in accordance with state law and the rules of the Wasington State Gambling Commission, would be charged a flat annual rate of $100.00 per year. A motion was made by Council- man Hordyk and seconded by Councilman ,Olson to table this subject and refer it back to a work session. Councilmen Hordyk, Olson and Ross voted "AYE". Council- men Haguewood, Lukey and Wray voted "NO". Mayor Basom voting to break the tie, voted "NO". Motion denied. The proposed Ordinance was referred to the City Attorney for rewording to incorporate the annual flat rate charge of $100.00 476 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASH. MARCH 4, 1975 CONTINUED. per year with Council action to be taken later on in the meeting. A motion was made by Councilman Lukey, seconded by Councilwoman Ross and unanimously carried to table and refer to the Council's next work session the Ordinance revising fees at the Sanitary Landfill. Agenda Item No. 17, "Ordinance providing expenditures from Revenue Sharing Funds", was removed from the Agenda. A lengthy discussion was held regarding the property at First and Lincoln Sts. owned by the American Discount Corporation of Seattle, Acting Manager Warder reported that a meeting was held with the owners of the involved property, no solutions were arrived at, and the current status of the situation remains unchanged. Possible solutions for solving this problem were recommended by Council members with no action being taken. I A letter from Angel~ Interiors requesting the removal of City Parking Meter No. S-38 and the subsequent designation of said space as a loading zone and Chief Kochanek's memorandum recommending denial of the request as currently there are two loading zones and limited parking ~ subject block were read in full. Chief Kochanek indicated subject business can double park until 11 :00 A.M. to load and unload, or block off a meter at times loading and unloading is necessary and above average needs. A motion was made by Council- man Wray and seconded by Councilman Hordyk to deny Angeles Interiors' request. Councilmen Olson and Ross voted "NO". All other Council members voted "AYE", Motion carried. The Council recommended Acting Manager Warder inform Angeles Interiors that should this denial cause an undue hardship, the matter can be reconsidered. Attorney Richard J. Niichel informed the City by letter dated February 14, 1975 that he is engaged in a commercial gravel pit operation on land owned by him in suburban lot No. 46. Suburban lot no. 46 is located in the RS-9 residential zone. Three petitions containing signatures of 44 local area residents requesting that suburban lot No. 46 be continued as a residential I zoned area and that the commercial gravel pit o~t.ationbe stopped from further development have been received. Attorney Taylor reported to the Council that operation of a commercial gravel pit in a residential zone is prohibitive under the City's zoning laws but whether a municipality has the authority to prevent a private property owner from removing gravel on property he owns is an issue that will have to be decided by the Court. Attorney Taylor advised and recommended the Council authorize him to proceed with an action to place this matter before the Court under the Declaratory Judgment Act to secure a determination. A motion was made by Councilwoman Ross and seconded by Councilman Lukey the Council authorize Attorney Taylor to meet with Mr. Niichel to determine if he will agree to the Declaratory Judgment procedure. A lengthy discussion ensued with Attorney Taylor advising the Council on the legal aspects of this issue. Councilman Lukey withdrew his second to Councilwoman Ross' motion. A motion was made by Councilman Lukey, seconded by Councilwoman Ross and unanimously carried the Council authorize Attorney Taylor to proceed as per his advice and recommendation to the Council and should a temporary restraining order be necessary to halt any gravel pit operation on suburban lot No. 46, Attorney Taylor appear before the Council for authorization. Attorney Taylor reported to the Council that on February 27, 1975 Acting Manager Warder, E. Braun of the Fire Dept., Wastewater Treatment Plant Superintendent ROdocker, and Mr. Taylor appeared before the U.S. Coast Guard in Seattle for a hearing on the oil discharge violations in Peabody Creek and the Port Angeles Harbor. As a result of the hearing the proposed civil I penalties were reduced from $5,000 to $500 on the Peabody Creek violation and from $500 to $200 on the Wastewater Treatment Plant/Port Angeles Harbor viola- ' tions. The City is entitled to appeal the decision of the U.S. Coast Guard and Attorney Taylor recommended to the Council that probably both, primarily the Peabody Creek violation, should be appealed. A motion was made by Councilman Wray, seconded by Councilman Lukey and unanimously carried to instruct the City Attorney to appeal both decisions. A discussion was held regarding the second regular Council meeting for the month of March. A motion was made by Councilwoman Ross, seconded by Council- man Wray and unanimously carried that the second monthly Council meeting be held on its regular date, Tuesday March 18, 1975 in the Council Chambers at 134 W. Front Street and that said meeting be continued to Friday, March 21, 1975, 7:30 P.M., in the Port Angeles Senior High School Auditorium, Park and Chase Streets and the Public Hearing on the proposed Peabody Heights ImproVement I 477 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASH. MARCH 4, 1975 CONTINUED Resolution No. 198 will be held at this meeting as published. Chris Muir addressed the Council re the proposed Peabody Heights Improvement and brought to the Council's attention certain problems existing in this area regarding traveled roadways, platted streets, street vacations, property lines, etc. In his opinion discussion, decisions, and possible solutions should be arrived at prior to the Public Hearing on March 21,1975. A work session was scheduled for Tuesday, March 11,1975 at 7:30 P.M. In reference to the oil discharge into Peabody Creek, the Department of Ecology recommended by letter dated February 26, 1975 that to solve the Peabody Creek oil contamination problem the City of Port Angeles as soon as possible install an oil/water separator or other means of oil containment at the upper end of the culvert which receives the oil gas mixture prior to its entry into Peabody Creek and within three weeks of the date of said letter submit to the department a schedule for this installation and an operation and maintenance program for the facilities. A motion was made by Councilman Lukey, seconded by Councilman Hordyk and unanimously carried to authorize Acting Manager Warder and Attorney Taylor to inform the Department of Ecology by letter of the current status of this matter and that the City of Port Angeles is appealing the civil penalty assessed by the U.S. Coast Guard. Receipt of Einar H. Hendrickson and Paul Carr's 1974 Planning Process Report was noted for the record. A motion was made by Councilman Lukey, seconded by Councilman Wray and un- animously carried to accept and place on file the minutes of the Port Angeles Civil Service February 13, 1975 meeting. I Receipt of notification from the Washington State Liquor Control Board that the Fraternal Order of Eagles 'have been granted an extension of their C1ass-H club commitment for a change of location to August 27, 1975, and that the Board has approved You Lay, Inc. dba New Hong Kong Restaurant & Hotel's application for a t~ass H license for their premises contingent upon certain conditions was noted for the record. A motion was made by Councilman Lukey, seconded by Councilman Olson and un- animously carried to accept and place on file the January reports for the Light Department, Municipal Judge and the Water Department. A motion was made by Councilman Olson, seconded by Councilman Lukey and unanimously carried to table and refer to the next work session the subject of licensing Fraternal Organizations. :1 Acting Manager Warder reported to the Council that the City has received a request from Edward Bauer that a partial City-owned lot be put up for sale. Said partial lot is located on the east side of Race Street on the north side of the Second-Third Alley with 14' abutting Race Street and laO' abutting and parallel to the alley. Acting Manager Warder recommended the Council establish a price for this partial lot and put it up for sale. A motion was made by Councilman Hordyk, seconded by Councilman Wray and unanimously carried that the property be put up for bid. 'Other subjects of discussion were: Councilman Hordyk referred to Chief Kochanek a complaint he received from residents in the area of Second and Peabody regarding the Round the Clock Laundromat customers parking on the public sidewalk and denying the area residents use of the sidewalk. Council- man Wray commented on the monthly advertisement costs for the 911 system exceeding $100. per month; Councilman Hordyk stated that the intended purpose of his suggested decal method of 911 advertisement would be to eliminate all other modes of advertisement. Councilman Lukey requested Acting Manager Warder arrange to have the water in the fountain colored green on March 14, 15, 16, and 17 in honor of St. Patrick's Day. For information purposes, Acting Manager Warder stated that on March 18, 1975 the City tentatively intends to take over the PUD facilities in the area between Lauridsen Blvd. and the Truck Route on Newell Road. The meeting adjourned at 9:55 P.M. 'JlZ~ cP. /~~ City Cl erk .~.~&--.. ~ Mayor