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HomeMy WebLinkAboutMinutes 04/01/1975 483 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASH. APRIL 1, 1975 ,I The Council met in regular session at 7:30 P.M. Officers present were Mayor Basom, Councilmen Haguewood, Hordyk, Lukey, Olson, Ross and Viray, Acting Manager Warder, Attorney Taylor and Clerk Parrish. A motion was made by Councilman Olson, seconded by Councilman VIray and unanimously carried to accept and place on file, as received, the minutes of the March 18, 1975 regular meeting and the March 21, 1975 continued meeting. A motion was made by Councilman VIray, seconded by Councilman Hordyk and unanimously carried to approve payment of payroll transfers in the amount of $85,726.05. A motion was made by Councilman Wray, seconded by Councilwoman Ross and unanimously carried to refer to the Planning Commission for recommendation Peninsula Golf Club's request to annex 80 acres of property they own to the City;( ~express- ing their desire to annex their property with understanding that they will be able to maintain their open space classification for tax purposes; and; with the under- standin9 that their property will be annexed simultaneously with the "Plaza~, they request they be allowed to connect to the City sewer system. 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 Adjust- ment meeting of March 25, 1975. I A motion was made by Councilwoman Ross, seconded by Councilman ~ordyk and unanimous- ly carried to take from the table the Planning Commission Minutes of March 10, 1975 requests of Dr. Jorgen Quistgaard and Mr. David P. Binford which had been tabled for additional information at the March 13, 1975 meeting. A motion was made by Councilman Haguewood and seconded by Councilman Viray to concur with the Planning Commission's recommendation of March 10, 1975 and approve , Dr. Jorgen Quistgaard's request for the vacation of a portion of Wolcott Street abutting his property. Dr. Quistgaard resides at 715 South Alder Street, Lot 9, Block 215. Ordinance 1611, dated June 8, 1967 vacated that part of Wolcott Street from the center 1 ine of the sixth-seventh alley southerly to the north margin of Lauridsen Boulevard. The Planning Commission's recommendation contained the stip- ulation that the City sell this land at one-half of the appraised value with the City retaining all utility rights. Councilman Hordyk voted "NO" on the vacation motion, with all other Counci 1 members voti ng "AYE", and the moti on was carri ed. Acting Manager Warder recommended approval of the vacation request; a "Vacation Ordinance" will be required. A motion was made by Councilman Hordyk, seconded by Councilman Haguewood 'and unanimously carried to concur with the Planning Commission's recommendation of March 10, 1975 and approve David P. Binford's request to operate a retail and wholesale photographic shop, including film processing, at 230 W. 8th Street. The location is in the CSD-Cl zone and assurance of adequate parking facilities at this business location have been confirmed. A motion was made by Councilman Hordyk, seconded by Councilwoman Ross and unanimously carried to accept and place on file the minutes of the Port Angeles Planning Commission meeting of March 24, 1975. A motion was made by Councilman Wray, seconded by Councilman Hordyk and unanimous- ly carried to take from the table the Ordinance for revising fees at the Sanitary Landfill. The following Ordinance was read in full: I ORDINANCE NO. 1850 4 -: .-~ AN ORDINANCE repealing Ordinance No. 1789 establishing rates and prohibiting certain practices at the Sanitary Land Fill. A motion was made by Councilman Olson, seconded by Councilman Hordyk and unanimously carried to adopt the foregoing Ordinance as read. 484 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASH. APRIL 1, 1975 CONTINUED The following Ordinance was read in full: ORDINANCE NO. 1851 AN ORDINANCE relating to refuse collection fees and amending the City Code. A motion was made by Councilman Hordyk and seconded by Counci1man 01 son to adopt the foregoing Ordinance as read. Councilmen Haguewood, Hordyk, Olson, Ross and Wray voted "AYE". Councilman Lukey voted "NO." Motion carried. Councilman Lukey noted I for the record subject Ordinance reflects a $.25 per month increase in the Collection rate and the practice of allowing individual City residents use of the Landfill for normal refuse disposal at no charge will be continued. A motion was made by Councilman Olson, seconded by Councilman Wray and unanimously carried to take fro~ the table the letter from the Director bf the North Olympic Library System. Mayor Basom reread N.O.L.S. Director Kirk~ letter regarding major repairs necessary to the Library facility at 207 S. Lincoln which is owned by the City and occupied by the Library. According to the State Auditor's Office the Library cannot pay for major repairs to a building they do not own and recommends that one alternative to resolving the problem is a Letter of Agreement between the City and the Library System providing for the Library System to occupy and use the groumand facility at 207 S. Lincoln until such time as a new Central Library facility is built for the Library System. Mr. Kirks' letter requested the City's response to this possible solution. A motion was made by Councilman Hordyk and seconded by Councilman Lukey that the request be denied. A discussion ensued with Acting Manager Warder report- ing that Mr. Kirks was to have contacted Attorney Taylor regarding the State Auditor's requirements. A motion was made by Councilwoman Ross and seconded by Councilman Wray to table this subject for additional information. Councilman Hordyk voted "NO". All other Council members voted "AYE". Motion carried. The Washington State Liquor Control Board's notification that license issued to Hazel Isobel Watson, dba Harbor Tavern, 125 West Front Street, Port Angeles, has I been transferred as of March 20th to Jerold Wayne Watson and Hazel Isobel Watson under the same trade name; and that Duane Edward Dickinson, dba Rollf's Restaurant, application for transfer of class H license has been withdrawn and listed for refund, were read and noted for the record. A motion was made by Councilman Olson, seconded by Councilman Hordyk and unanimously carried to authorize t~ayor Basom to sign the "PROCLAMATION" proclaiming April 5 and. 6, 1975, as SALMON DAYS in Port Angeles. A motion was made by Councilman Olson, seconded by Councilman Wray and unanimously carried to accept and place on file the January 1975 financial report for the Light Dept, Equipment Rental, Off-Street Parking, Sanitation, Sewer and Water Depts.; and the Out-of-town report of Lt. Morgan, Police Dept. Larry Winters, Executive Director of the Olympic Peninsula Travel Assoc., addressed the Council and presented a copy of the "Olympi c Peni nsul a Di rectory" to each Council member. Mr. Winters stated 156 thousand copies of the Directory are distri- buted throughout the world, particularily the five western states and British Columbia; and that the City sponsored ad was a memoriam to Hal Puddy. A motion was made by Councilman Hordyk, seconded by Councilman Lukey and carried, that the Council reconsider action taken at the March 18, 1975 meeting on the denial of Juanita Jacobs request to the Port Angeles Planning Commission, March 10, 1975, for a Conditional Use Permit for a 10-unit rest home/utility apartment for Christian Science members on property located in the RS-7 residential zone. Councilwoman I Ross abstained from voting. Councilman Hordyk stated that after further study and confirmation of the questionable aspects of the project, namely property line un- . certainty, taxation category, and total acreage, he would move the Council concur with the Planning Commissions recommendation of March 10, 1975 and approve Juanita Jacobs request for a Conditional Use Permit for an apartment open to a specific segment of the population, with the conditions that the City retain easements for ~I I 485 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASH. APRIL 1, 1975 CONTINUED sewer and utilities, and the site comprises at least 2 acres of land. Attorney Niichel informed the Planning Commission at the March 10, 1975 hearing that this area is more than 2 acres. Council men Hordyk, Lukey, 01 son and Wray voted "AYE". Councilman Haguewood voted "NO". Councilwoman Ross abstained from voting. The motion carried. Acting Manager Warder reported that during the last week of March Erdmann Trucking hauled 4 loads of gravel for Mr. R. Niichel from suburban lot No. 46. Public response was immediate. Attorney Taylor advised that his recommendation of a Declaratory Judgment Act Court action process did not meet with Mr. Niichel's approval and that Mr. Niichel would counterclaim for damages. In Mr. Taylor's opinion, the only way the gravel pit operation can be stopped is an action and re- quest for a restraining order, usually a temporary restraining order without notice in an emergency situation to maintain the status quo and this results in a hearing before a Superior Court Judge and a judicial determination as to whether or not our zoning Ordinances are proper. After considerable discussion, a motion was made by Councilman Hordyk and seconded by Councilman Olson to authorize Attorney Taylor to proceed with the necessary action to prohibit commercial gravel pit operation in a residential zone. Councilmen Haguewood, Hordyk, Olson and Wray voted "AYE". Councilman Lukey and Councilwoman Ross voted "NO". Motion carried. Mayor Basom read a letter received from Arthur D. Feiro of 124 Lopez in which he expresses his support of the action taken by the City Council regarding the Peabody Heights L.I.D. No. 198. Other subjects of discussion were: Councilwoman Ross requested a progress report on L.I. D. No. 198. Acting Manager Warder reported that to date the protests represent 8.4% with no petitions received as yet; that notice of bid call have been published with bid award consideration tentatively scheduled at a Special Council meeting on April 22, 1975 at 7:30 P.M. in the Council Chambers; that property owners continue to seek information regarding their individual assessment from the Engineers and that adjustments are being made. Acting Manager Warder reported on the following items. The Council are invited to the dedication of the Elwha Salmon Rearing Channel on Saturday, April 5, 1975 at 2:00 P.M. by the State Dept. of Fisheries. ~lr. Warder requested the Council's policy regarding the possible annexation of acreage to the City and at the request of Councilman Lukey a work session was scheduled for Tuesday, April 8, 1975 at 7:30 P.M. to discuss the City's annexation policy. Acting Manager Warder and Asst. Public Works Director Reed will be attending a Public Works meeting at Ocean Shores April 2 thru April 4, 1975. Attorney Taylor reported that the antitrust suit against a number of Oil Companies for supplying asphalt has been settled for $3,832,800; the City will be advised at a later date on the amount of the City's share; this suit has been pending since 1968 and covers the period from 1955 thru 1968; the suit was based on the contention the Oil Companies fixed the prices on asphalt. The meeting adjourned at 8:55 P.M. ~@.~ City Clerk At2L--~~ Mayor I