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HomeMy WebLinkAboutMinutes 06/15/1982 I I I 291 .. . CITY COUNCIL MINUTES Port Angeles, washington June 15, 1982 I CALL TO ORDER Mayor Duncan called the meeting to order at 7:00 P.M. II roLL CALL Members Present: Mayor Duncan, Councilmn Gerberding, Haguewood, Hordyk, Polhamus, Quast, Whidden Members Absent: None Staff Present: Manager Flodstran, Attorney Miller, Deputy Clerk Lannoye, P. carr, M. Cleland, L. Cosens, D. Frizzell, L. Glenn, J. pittis, R. Orton, M. Campbell Public Present: G. Snell, M. Machle, G. ThC1lrpson, J. McDonald, C. Coble, E. Hoelscher, B. Norris, J. Anderson. D. MCWilliams, M. Buchanan, J. Key, J. Hulett, C. McManis, W. cargin, C. Holmn, C. <Mens, N. DeScala, G. Andaleon, H. Berglund, S. Ward, H, Lavin, K. Erickson, K. Spencer, J. Pressley, D. Price, R. H. & F. Keeler, J. Hegseth, A. MCWilliams, L. Smith III MINUTES Councilman Hordyk moved the Council accept and place on file as received the minutes of the June 1, 1982, meeting. Councilmn Gerberding seconded and noted an arrendrrent to Register Page 287, 2. Peddler's License Noise Regulation; Councilman Quast, not Council1llan Polhamus abstained fran voting on the motion to adopt the Ordinance. On call for the question the rrotion to accept the arrended minutes carried. IV CONSENT AGENDA Councilman Hordykmoved the Council accept the items listed under the Consent Agenda, including: 1) Payment to Carothers & Associates for Shoreline Rehabilitation Study, 2) pennission to call for bids for 69 IW switches, 3) pennission to sell surplus recorder, 4) vouchers of $9l5, 958.67 and payroll of $196,948.92. Councilmn Gerberding seconded and ccmrended Eng. & Operations Manager French for the cost saving neasures taken with regard to the replacement of two 69 IW switches damaged in February of 1980. on call for the question the rrotion carried. V FINANCE None. VI ITEMS FRa>1 THE AUDIENcE Nor ON THE AGENDA Hattie Berglund, Port Angeles, requested the Council review the designation of "M" Street as a truck haul route due to noise and traffic problems created by heavy utilization. Council1llan Hordyk suggested trucks not be allowed to haul on "M" Street, and after further discussion of the issue Councillllan Quast moved the Council instruct staff to research this item further, contact the haulers involved, and to report back to the Council at the July 6th meeting. Councillllan Whidden seconded and the IIDtion carried with Councillllan Hordyk voting "No". John Anderson, 704 Searrount, Port Angeles, requested the Council attempt to discover the source of the blasts/sonic booms affecting the Port Angeles area and request they be discontinued. 292 City Council Minutes June 15, 1982 ITEMS FRCM THE COUNCIL Nor ON THE AGENDA Councilman Gerberding requested the Council recognize the extraordinary efforts of the participants in the Special Olyrrpics. Mayor Duncan and CouncilnEn Quast welcaned new businesses in the Port Angeles area and wished them every success. VII LEGISlATION l. Public Hearings A. Interpretation - Foster Family Hcrres for Adults Mayor Duncan opened the public hearing on the Plarming Ccrrrnission' s interpretation that State licensed foster hares for adults with no more than four unrelated persons are appropriate in all residential zones in the City and are consistent with the Canprehensive Plan and Zoning Regulations, and requested carments or questions fran the audience and staff. I During the course of the public hearing Jay Pressley, owner of an adult foster hare, indicated that such a hare would create no disturbances in a residential setting. Those speaking in opposition to the interpretation, Nick DeScala, 804 Searrount Drive, John Anderson, 704 Searrount Drive, Darol MCWilliams, 818 Searrount Drive, Ardis McWilliams, 904 Searrount Drive, and Ella Hoelscher, 213l West 7th, Port Angeles, objected to the allowance of a State licensed adult foster hare in a residential zone as they felt this constituted a ccmnercial venture. Mr. McWilliams also submitted a petition with 100 signatures in opposition to the interpretation. Carol eMens, County HUllI3Il Se:rvices Departrrent, and Irene Smith, peninsula Counseling, both addressed the need for these types of facilities in a residential setting in this carmunity. Jean McDonald, who had placed her sister-in-law in the Pressley foster hare, also spoke of the need for this type of health care for senior citizens. After no I further ccmrents were received, Mayor Duncan closed the public hearing. Councilman Hordyk then moved the Council concur with the Planning Cam1ission interpretation that State licensed foster family hcrres for adults with no more than four unrelated persons are appropriate in all residential zones in the City, and are consistent with the Canprehensive Plan and Zoning Regulations; and as its stated findings of fact, the public input received and the information fran other cormnmi ties presented by staff. Councilman Polhamus seconded. During discussion of the motion CouncilnEn Quast noted the need for additional information. On call for the question the motion was denied, with Councilmen Hordyk and Polhamus voting "Yes". CouncilnEn Quast then rroved the COuncil remand this item to the Planning Cam1ission with instructions to obtain additional testirrony fran representatives of DSHS and Carol eMens of the County HUllI3Il Services Departrrent. CouncilnEn Whidden seconded and the motion carried, with Councilmen Hordyk and Polhamus voting "No". B. Revenue Sharing Allocation At their June 1, 1982, meeting the City COuncil set June 15th as a public hearing date for allocation of additional revenue sharing funds. Mayor Duncan reviewed funding requests as outlined in Manager Flodstrem 's rrerrorandum and opened the public hearing requesting carments or questions frem the audience and staff. Additional infonnation regarding fundings requests was presented by: 1) Bertha Norris of the Clallarn County HllIlIane Society; 2) Irene Smith, Peninsula COunseling for transitional housing for the rrentally ill; 3) Mary I Lou Machle, Safehcrre operations for victims of dorrestic abuse; 4) Woody Jones, 226 Dogwood Place spoke in favor of the Old Mill Road ilrproverrent project and submitted a petition of local residents in support of this project; 5) Lois Soderquist, 1323 Samara Drive, for overnight emergency shelter facilities for intoxicated individuals; and 6) Tan Schiedennayer, Local Firefighters Union for funds for renovation and rerrodeling of the Fire Station. After no further carments were received Mayor Duncan closed the public hearing. COuncil discussed allocation of the funds at length and regretted the lack of funds to meet all requests. Manager Flodstrem reviewed staff's request for monies for I I I 293 City Council Minutes June 15, 1982 roadway inprovements and addressed the attractiveness of leveraging the revenue sharing funds 8 - 1 with federal monies and proposed addressing the needs of the human services agencies in the 1983 budget process. Councilman Haguewood then moved the Council allocate funding for the 8th and "C" Street Intersection Inprovement ($2,700): Old Mill Road, Ahlvers Road to Rhodes Road Improvement ($10,200): and $5,000 to purchase additional asphalt for general street maintenance and resurfacing on 8th Street, between Pine Hill and Cedar Street, with the remaining $4,100 to be held in reserve for any cost over-runs on the projects (rerrodeling of the Fire Station to be considered at a later date if funds are available). Councilman Quast seconded and after further discussion the rnotion carried. C. and D. Vacation of Chase Street and 4th Street - Convention Center Mayor Duncan opened the public hearing on the City of Port Angeles' request to vacate the south 12 feet of the 4th Street right-of-way abutting Lots 5 - 9 inclusive, Block 170, ToWnsite of Port Angeles, and to vacate all of that portion of Chase Street abutting Blocks 169 and 170, TcMnsite of Port Angeles, together with all of that portion of Chase Street abutting alleys in Blocks 169 and 170, Townsite of Port Angeles, and requested caments or questions from the audience and staff. Manager Flodstrom advised the Council of a petition with 18 signatures received protesting the vacation of 4th and Chase Streets which did not include a reason for opposition. No further comnents were received and Mayor Duncan closed the public hearing. Councilman Haguewood then requested the vacations be made conditional upon callJletion of the Convention Center and Attorney Miller suggested an arrendment to the vacation ordinances inplementing this condition. Mayor Duncan then read Ordinance No. 2216 by title, entitled ORDINANCE NO. 2216 AN ORDINANCE of the City of Port Angeles vacating the south 12 feet of the Fourth Street right-of-way abutting Lots 5 through 9 inclusive, Block 170, Townsite of Port Angeles. Councilman Hordyk lOOVed for adoption of the foregoing arrended ordinance as read by title: Councilman Polhamus seconded and the rnotion carried. Mayor Duncan then read Ordinance No. 2217 by title, entitled ORDINANCE NO. 2217 AN ORDINANCE of the City of Port Angeles vacating all of that portion of Chase Street abutting Block 169 and 170, Townsite of Port Angeles, together with all of that portion of Chase Street abutting alleys in Blocks 169 and l70, Townsite of Port Angeles. Councilman Whidden then rroved the Council adopt the rorended ordinance as read by title: Councilman Polhamus seconded and after further discussion the rnotion carried. E. Vacation of Valley Street Alley Mayor Duncan opened the public hearing on the City of Port Angeles' request to vacate that portion of the alley in Block 85, ToWnsite of Port Angeles, abutting Lots 1 - 4 and Lots 17 - 20 and requested caments or questions from the audience or staff. No carments were received and Mayor Duncan then closed the public hearing. She then read Ordinance No. 22lB by title, entitled 294 City Council Minutes June 15, 1982 ORDINANCE NO. 2218 AN ORDINANCE of the City of Port Angeles vacating that portion of the alley in Block 85, T<J..insite of Port Angeles, abutting Lots 1 - 4 and Lots l7 - 20. CounciJnan Gerberding moved the Council adopt the foregoing ordinance as read by title; Councilman Hordyk seconded and the rotion carried. I 2. Planning Carmission Minutes of June 9, 1982 Mayor Duncan reviewed the Planning Carmission minutes of June 9, 1982, with the following action being taken by the Council: Craker - Conditional Use Permit CounciJnan Hordyk moved the Council concur with the Planning Ccmnission 's recomrendation to approve the Craker application for a Conditional Use Permit to operate a part-time beauty salon as a HCIlE Occupation at 2525 West 10th Street, subject to there being no IlDre than 12 custaners per day, with no IlDre than three on the premises at anyone time; that there be only one operator; and that this permit be issued for an initial one-year period. He cited the following findings of fact: 1) the equiprent involved in the HCIlE Occupation will not introduce noise, SIrOke, vibrations or odor in excess of those nonrally found in residential areas; 2) the site has adequate off-street parking for a HCIlE Occupation and the beauty shop will not significantly increase local vehicular or pedestrian traffic; 3) because of the size of the lot, the Hare Occupation will not be detrimental to adjoining and nearby residential properties; and 4) the Harre Occupation will not endanger the public health, safety and welfare, and it is in the public interest. Councilman Quast seconded and the rotion carried. Shoreline Permit Hearing - Port of Port Angeles I CounciJnan Quast moved the Council schedule July 6th as a public hearing on the Port of Port Angeles application for a Shoreline Managerrent Substantial Develq:mant Permit for the construction of a 40' x 100 I building at the south side of Marine Drive, imrediately west of "e" Street. Councilroan Hordyk seconded and the rrotion carried. Rezone Hearing - Adamson, et al CounciJnan Gerberding moved the Council schedule July 6th as a public hearing on the Adamson, et aI, application to rezone approximately 7/8th acre fran RS-7 to CSD-1:2 at the southeast, southwest, northeast and northwest comers of Ninth and Lincoln Streets. Councilman Polhamus seconded and the IlDtion carried. Councilman Gerberding then moved the Council accept and place on file as received the Planning Ccmnission minutes of June 9, 1982. Councilman Quast seconded and the motion carried. 3. Key - Planned Residential Developrent Councilman po1hamus moved the Council schedule July 6th as a public hearing on the Key request to consider a proposed Planned Residential Developrent on approximately 25 acres, located south of Carrpbell Avenue, east of Mt. Angeles Road, bordering White Creek on the east. Councilman Whidden seconded and the I motion carried. Councilman Quast requested a special rreeting of the Council and Planning Ccmnission be scheduled for June 29th at 5: 30 PM to conduct a view trip of the area. 4. Olympic National Park - World Heritage Park Mayor Duncan noted the Council's invitation to participate in the dedication cererronies of Olympic National Park as one of the lOO United National World Heritage Sites in the world. She then proclairred. the week of June 26 - July 2 I I I 295 City Council Minutes June 15, 1982 as Olyrcpic National Park World Heritage Site Week in the City of Port Angeles and encouraged all citizens to take part in the various events. 5. Clallarn County Fair - Special Tax for concessions and gambling activities Mayor Duncan introduced and read by title Ordinance No. 2219, entitlErl ORDINANCE NO. 2219 AN ORDImNCE of the City of Port Angeles anending Ordinance No. 2164 and Section 3.52.020 of the Port Angeles Municipal COde, relating to gambling, and levying a tax upon the incorre derived fran the conduct of certain activities by autho- rizing agricultural fairs. Councilroan Hordyk moved, the . Council adopt the foregoing ordinance as read by title; Councilroan Quast seconded and after further discussion the rrotion carriErl. 6. Morse Creek Hydroelectric Project - FERC Application Councilroan Hordyk reported for the Utility Advisory Ccmni ttee and reccxrrrended the Council authorize the Mayor to file a preliminary permit application with the Federal Energy Regulatory Ccmnission in order to establish a priority on the project site. Mayor Duncan then read Resolution No. 21-82 by title, entitled RESOLUrrON NO. 21-82 A RESQIDrION of the City of Port Angeles authorizing the Mayor to execute and file a preliminary pennit application for the developnant of an electrical generation facility at the Morse Creek Project. Councilroan Gerberding moved .the Council adopt the foregoing resolution as read by title; councilroan Polhamus seconded and the rrotion carried. 7. Pea Patch Lease - 1982, ' Councilroan Quast moved the council authorize the Mayor to execute the Pea Patch Lease for 1982 with the CaImunity Action Council; councilroan Whidden seconded and the rrotion carried. 8. Procedures for Handling Bad Checks and 9. Amendment to Criminal COde Mayor Duncan read Police O1ief Cleland's rnenorandum regarding procedures for handling NSF and Closed Account checks and read Ordinance No. 2220 by title, entitled ORDINANCE NO. 2220 AN ORDINANCE of the City of Port Angeles providing penalties for certain crirres, and arrending Section 9.01.070 of Ordinance 2129 and the Port Angeles Municipal Code, and Section 12 of Ordinance 2188 and Section 9.16.900 of the Port Angeles Municipal COde. Councilroan Polhamus moved the Council adopt the foregoing ordinance as read by title and councilman Whidden seconded. Council discussed with staff the procedures to be used for handling bad checks and on call for the question the rrotion carried. 29"6 ., . City Council Minutes June 15, 1982 lO. Business License Ordinance - New Fireworks Legislation Mayor Duncan read Ordinance No. 2221 by title, entitled ORDINANCE NO. 2221 -AN ORDINANCE of the City of Port Angeles relating to and regulating the sale of fireworks within the City of Port Angeles, emending Sections 4, 5, 6 and 7 of Chapter 8 of Ordinance 2050, Section 1 of Ordinance 2136, and Sections 5.32.040, 5.32.050, 5.32.060 and 5.32.070 of the Port Angeles Municipal Code, and repealing Sec- tions 2 and 3 of Chapter 8 or Ordinance 2050, and Sections 5.32.020 and 5.32.030 of the Port Angeles Bunicipal Code. Councilman Whidden rroved the Council adopt the foregoing ordinance as read by title and Councilman polhamus seconded. During discussion of the rrotion Councilman Quast indicated he would vote "No" as he objected to the new State law allewing the sale of Class C camon fireworks. On call for the question the rrotion carried with Councilman Quast voting "No". 11. City's Disaster Plan Coordinator Councilman Quast rroved the Council designate Fire Chief Glenn as the City of Port Angeles Errergency Services Liaison Officer and Councilman Whidden seconded. Councilman Hordyk expressed his preferences for designating the City Manager or his designee as the Drergency Services Liaison Officer. After further discussion the rrotion to designate Fire Chief Glenn carried with Councilman Hordyk voting "No". 12. Symphony Week Proclamation Mayor Duncan proclaimed the week of OCtober lO through 16, 1982, as Syrrphony Week in Port Angeles in honor of the Port Angeles Synphony Orchestra. 13. Uptown Business l\dmini.stration - 1st and Front Street Traffic Irrprovements Mayor Duncan reviewed a letter fran the Uptown Business Association requesting traffic inprovements on First and Front Streets. Public Works Director Pittis indicated he and staff would be meeting with the DBA regarding their requests and would keep the Council updated. 14. Employment Contracts with Administrative Ehployees Mayor Duncan reviewed Manager Flodstrom 's rrenorandum indicating that the latest Attorney General's Opinion led him to believe the Council did not need to strike a rrore fornal contract with the Administrative Managerrent Erlployees and that the existing ordinances and agreerrents are adequate to protect the rights of the affected employees. 15. Angeles Arts in Action request to use Laurel Street July 17th and 18th Councilman Hordyk rroved the Council grant permission to Angeles Arts in Action for the closure of Laurel Street for the 16th Annual Art Shew and instIuct I staff to locate an alternate site in the event construction on Laurel Street . would prevent the affair being held on Laurel Street. Councilman Whidden seconded and the rrotion carried. VIII lATE ITEMS Manager Flodstran indicated the Council had been invited to the grand opening of the Clallarn County Museum; and that Public Works Director Pittis would be designated Acting City Manager while Manager Flodstran attended an I>W::. Conference in Spokane. - .~ I I I, ~O~D1NANC:E -'-~ NO, 2221 ~ AN O~DINANCE of ,he Ci.y \ of Port Angeles reloting to Gild reg\llaHng the sale of fireworks within the CitV of. Porl Angelus, amending 5-6C- l tions.4, 5, 6 and 7 of Chapter 8 of Ordinance 2050, Section 1 of Ordinance 2136. and Sec. tion' S.32.000. 5,32,OSO, S.32.060 ond S,32.070 of the Port Angeles M\Jnici~al Code, and repealing Sections 2 and :J of Chapter 8 of Ordinance 2050, and Sections 5.32.020 ond 5,32,030 ot .he Port Angeles Municipal Code. BE IT ORDAINED by .he City CouncU of the City at Port I Angeles 05 tollow~: Section l, s'e-ction .. of Chapter e of Ordinance No. 2050 and Section 5.32,040 -of r the Po~t _ Angeles Munidpal Cod. are .0el1 mnended to } read 0$ fotlows: 5.32.0"0 Sale of Firework, I \ - Permit - Required It's I unlawful tor any perso~, fir:n , h corpo!otion to engage in ' t ~ ~etall sole of !irewo..-ks w.tt'lln the City o' Port.. A.ng~les without fint having ~ ~ obtomed 0 permit for such ~,:::~~~.from tne City of Port ~ Section 2, Section 5 o' Chapter 8 of O..-dinance 2050 end Se-ction 5.32,050 of the Por't Angeles Munic!polCode ore each amended to ..-Qod as follows: , 5,32,050 Permit - Appico. tlO~ ..-equirements and reo q~lred tnformotlon. An ap. plication . for a permit to rngage In retail lioles of I ,~r~work$ within the city hmlt.s sholl be mode to the ci- ty clerk, and submitted of: l-east ten days prior to the re- ,quest.ed effective dote o' the permit. No permit cpplicotion may be submitted prior to' Jan,uory ht of the year fOf whl(:h tne permit is' reo que$te~. In addition to all in. ,,'a!"matlon ..-equired of on ap. pllcant for Q bu:;inesslicen5-e ,t.he application for ~ flrewor~sJ'Qrmit must be ac. compame by: A. A valid license issued by the State Fire Marshal pur. suant to Ch. 70.77 RCW ,authorizing the permittee t~ R~::~~k~~ the retail sole of ~, A. fee of ten dollars. which IS established os th~ :ee fhr 0 permit issued solely or t e pu rposc of -a lIowin tn.e retail sale of fireworks' 9 C. A public liabil1ty a~d property damage insurance policy ~rom an insurance com- pany. licensed to do business In thiS state. in the sum of at least three hundred thousond ~o"cr$ for bodily injury or eath suffered by one 0"1'" more persons. in Clny occident or oc<urrence, and at least fne hundred thousafld dollars. or property damoge. The in. - 5uron~e policies must name the City os on additional in. sured. to indemnify the city from domoge or injury coused. bV the operaHon of retoll. IIrewo..-ks stands' 0, A perfor~ance bond note or cash deposit in o~ ~ amount not less tl10n one hundred dollars, conditioned u~on the prompt removol and c eQnyp at all debris, ja'e~lal. ,et.c., fr-om the site rom which fireworks. ore sold, which bond or deposit sholl be ..eturned to the ap Ii. c.ant by the city if the appli~(J- I ~~~j~d~ a fireworks permit is , e, In the event the permit is Issued, the bond or de sit' s.hall be returned to the 0:11. co~! only if the stand from l ~h'ch the fireworks ore sold IS removed and the site c1e-:lred ,of 011 debris to the' Sa!ls'actron. of t~e proper of. ficlal of the city. In the event l of tile applicant's failure to do so, the performance bond or cos~ deposit shall be :orfelted to the.city, The pe-r.l OJ'l'11once bond or 40sh dgposit !>n.all also be to~feited' tf thh, city If the requirements otiS sub'5ection ore not ~~~~~:~r~ith by July 10th of Section 3. Section 6 a. Chol?'ter 8 of C..dinonce 2050 Sedd Ion 1 of Ordinance 2136 on Section 5.32.060 o.f the- Port Angeles Municipal Code ~iio:~:h emended to read as I' --=-----...: ORDiNANCE- O~DINANC~ NO. ?219 NO. 2220 , \..ANORDINANCE of t""City AN ORDINANCE of the City 0 Porf;a;nglllenrmOlf~r'- of Porf Angeles providing . dinonce No, 2\6-4 and $9f;1J,bn penalties for certain crimes. 3,S2:0?0 of the Port Angeles and amendl"9 Section Munlcl,pol Code, relating to 9.01.070 0.' Ordinance 2129 . gombllMg. and levying a tox and the Port Angeles upon the income derived Municipal Code. and Section from the conduct of certain 12 at Ordinance 2188 and ott!vlties by Qut~or~z.ing Section 9,16,900 of the Port agrlcultu..-ol fairs. Angeles Municipal Code. BE IT ORDAINED BY THE CI, BE IT O~DAINED by the City TY COUNCil OF THE CITY OF Council of the City 01 Port PORT ANGELES as follows: Angeles, os follows: Section 1. Section \ of Or. Section 1. S-ection 9.01,070 dfnance 2095, and Section of Ordinance No. 2129 ond \ 3.S2..0~,.0tr4be_ Pod Angeles the Port Angeles Municipal MUniCipal coa~ . ere-by Code are eac:h hereby omellded to read as f-o ' omended to read as fonows: 3.52.020 Persons S.ubJect to. 9,01.070 Classes of crimes, 10)(- 10)( Rate. An oHense defined by t'h1S There is hereby levied upon I title constitutes a all persons, os'Sociation'5 aod misdemeanor of the first, orgcnizatiqns conducting or doss or 0 misdemeanor of the opero,ing within this iurisdic~ second class. A Class I tion any of the adiviHe-s listed misdemeanor may be' below, 0 fax in the following punished by either fine or amounts to be paid to the d. imprisonment, or both, up to ty; provided that for the year the maximum sentence" 1982 only any agricultural fair allowed under ttle jurisdiction authorized under the prav,. of the- c:ourt in which the I sions of Chapter 15.76 or ctlorge is filed. A Class II 36.37 RCW- which conducts misdemeanor may be any o(:tivity governed by the punished by 0 maximum fine te..-ms of this ordinance and 01 One Thousond ($t,oool "., by Chop.er 9.4b RCW. .holl Dollars. A sentence of im- pay a talC of One Hundred fit. < prLsonment st1all not be ty ($150) Dollors, in lieu __of,.. imposed for any Class n any tox assessed against misdemeoonor. gross receipts from gambling Section 2. Section '2 of activities by the te-rms of this Ordinance No, 2188 and ordinance: Section 9.16,900 of the Port A. Bingo, in the amour" of Angele~ Municipal Code ore the gross receipts therefrom, each hereby amended fo read less 1he amount of money as follows: paid in cosh, and paid for 9,16.900 Clossifi(ation of mer-chandise. octuolly aword- I Crimes., Any persofl convicted ed os prizes during the to)(- of violating Sections 9.16,090, able peri-od, rnultiplied by the 9.1 b.nO, 9.1 b.130, 9.16.160, rote of ten p.ercent: or 9.16,170 of this chapter 6, 'RoHles, in the amount of -shall be guilty of a Closs I I the gross receipts 1he..-e-from, misdemeanor, and sentenced less the amount of money accordlng.y, where: paid in cash, C1nd paid for (10) The volue of the merchandise, actually oward. property, S&rVLces or d'l8Cks ed os prizes during the tax. -'cwn'ltAQ;.J.he basis of ~the I able penod, mu1t1phed by the charge IS, e~~6."Or greater rate of ten. percent, , thgn One U '. C. Amusement gomes, in Dollars; or eO h the amount of the gross I (2) The perso'd charp f 't:d receipts therefrom, less the be~n c?n~ictf~' o(~) o:a~~ 01 t omount of money paid in ball, wlthm l\le , y cosh, and paid for merchon- the date of t~e Incten! of dise. actually awarded os _lMJden~& forrrung the_ 05-IS 0... priz.e:; during the taxable "---the charge, .of tWO or ~-ote period, multiplied by the rote previOus, cnmes of ttoie1~ of ten percent, posseSSion :.f 1 ':wonce 0, A.ny punchboards 0"- ~lJll ' properJ.)'~n~ _l k.nd of tabs. In the amount of five of bon\<. c.he-ck:5; or any I percent of the gross receipts I froud under any cay, county. directly from t"e operation of state ortederol\a:-v" f' the punchboords or puU tobs (3) All other vlolo'IO.,S 0 I tnemsal\les. Sectlons 9.16.Q'1O. Q.16.l10, Section 2 This ordinance q.lb,130, Q,16.16COi ol~ shaU toke e'ffect os provided Q.lb.110 st1011 be ass by low. ~ misde~eon~rs and ,s-ente-n;=.,e:t PASSED by the City CounciL, accordingly, prov1.ded . of the City 04 Port Angeles at the coort 'ShoU l":,pose Q a regular meeting held on tl1e minimom fine 0' fIVe Hun- 15th day of June 1982 dred ($500) Dol1ors, Of the DOROTHY DUNCAN', 'ine imposed, at I.ost fifty Moyor ($SO) Dollars .hall no' be ATTEST: suspended or deh:;rit ~t1~~~ Marian C. Parrish, City Clerk \ the c~n~idIO~ l~ t e ~~;lve' Approved os to Form: conVictiOn WIthIn any t Craig l Miller City Attorney month period. uponflcon. Pub.: J~ne 22.'1982 vicHon tor 0 second 0 ensG ..' within ony twelve-month period of 0 crime of theft, possession of s.tolerl property I unlawfu' iSS~Qnce of bank chec.ks. or ony kInd o' fraud \Jnder any c;Uy, county, state or federal iaw. the court may suspend or d~fer o~ly that portion of the line w~'nch ii in e)(ceS5 of Five Hundred ($Soo) Dollars. , . Section 3. If ony pro....I$I~n l ot this Ordinance, or Its application to any pers.on or circul'l"lstonce is l1eld in..,olicl, the rem-air'lder of the Or. dinance, or the applic.a-Han of the proviS.on to oth~r persons or circumstances IS not of. I tec,ed, ond to this end, the provisiQns of this Ordinance ore declared to be severable. Section 4, 'This Ordinance s,",011 take effect os provided by ~M~ED by the Ci.y Council of the City of Pott Angeles ~t t o regular meeHng ot said Countil held on .he ISth doy oi Jvne. 1962. Dorothy Dunca" MAYOR \ .--- ATTEST' Morlan C. farrish, City Clerk APP~OVED AS TO FORM' Crolg l, Miner, City Attorney p.b,: June23. 1982 ........."".. v. 5..32.060 Permit - Number limited. No person, firm, or corporation shalt receive more than one permit for the sale of (:ommon fireworks withi n the City of Port Angeles during anyone calendar year. A permit granted pursuant to this title shall entitle the permittee to maintain two retail outlets for tne sale of common fireworks within the city. Section 4. Section 7 of Chapter 8 of Ordina nee 2050 and Section 5.32.070 of the Port Angetes Municipal Code are each amended to read as follows~ 5.32.070 Sole of Fireworks _ Requirements. The sale of fireworks shall only be per. mitted in accordance with the requirements of Chapter 70,77 RCW, as now enacted or hereafter amended. Section 5. Sections 2 and 3 of Chapter 8 of Ordinance 2050 and Sections 5.32.020 end 5.32.030 of the Port Angeles Municipal Code are each repealed. . Section 6. This Ordinance is necessary for the preserva~ 1ion of the public health, safe- ty and welfare, and to meet a public emergency. and shall .toke effect upon enactment. PASSED by the City Council of the City of Port Ange les at a regutor meeting of said Cou nd I held on tne 15th day of June, 1982. Dorothy Duncan MAYOR A neST: Marion C. Parrish, City Clerk APPROVED AS TO FORM: Craig l. Miller. City Attorney PUB.: June 22~ 1982 L_ I I I 297 . . City COuncil Minutes June 15, 1982 Request to participate in suit against SSB 5007 - Early Retirerrent Legislation Manager Flodstran advised the Council that the City of Port Angeles had been invited to participate in a suit against SSB 5007 - Early Retirerrent Legislation. After Council and staff discussion of the lawsuit Councilman Haguewood roved the City of Port Angeles be bound by any decisions resulting fran the case and not participate in this lawsuit. COuncilman Whidden seconded and the rrotion carried. Manager Flodstrom also requested a volunteer for the restoration of the "All AIrerican City Log" located at Central Park. The City would provide all materials. Councilman Gerberding questioned City ordinances regarding lots with dangerous uncut grass. Staff explained the City's policy for requesting these lots be cleared . Councilman Hordyk requested inforrration OIl the rerroval of the white stop strip at the Second and washington intersection. Councilman Whidden requested an update fran Fire Chief Glenn on his recent neetings with the Coast Guard. ' Councilman Quast made a suggestion for the appliance heap at the garbage dump. X ADJOURN TO EXEITJTIVE SESSION Mayor Duncan adjourned the meeting to an executive session at 9: 55 P.M. XI RETURN TO OPEN SESSION AND ADJOURNMENT The neeting returned to open session and adjourned at 10: 10 P.M. ~ (!.~. Clerk ~L