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HomeMy WebLinkAboutMinutes 09/21/1976 17R CITY COUNCIL MEETING Port Angeles, Washington September 21, 1976 CALL TO ORDER The meeting was called to order by Mayor Olson at 7:30 P.M. Members Present: Councilmen Anderson, Buck, Haguewood, Hordyk, Ross, Wray. I II ROLL CALL Members Absent: None. Staff Present: Manager Whorton, Attorney Taylor, Clerk Parrish. D. Flodstrom, R. Orton, H. Kochanek, J. Honnold, D. Frizzell, P. Carr, R. Parrish. Guests Present: T. Haley, M. Sutton, J. Sutton, Mr. and Mrs. P. White, J. Ward, C. Bennett, O. Bieber, L.. Switzer, J. and H. Umbehocker, T. Thompson, L. Umbehocker, C. Cantrell, D. Ellis, D. Rudolph, W. Moulton. I II MI NUTES Councilman Wray moved the minutes of the September 7th and 14th, 1976 meetings be accepted and placed on file as received. The motion was seconded by Councilman Hordyk and passed by the Council. IV FINANCE 1. Bid Call Authorization. At the request of the Public Works Department, this Agenda Item relating to I ca 11 i ng for bi ds for Cl ass 150 Waterpi pe was passed ovenand deferred to - calendar year 1977. 2. Bid Call Authorization. Councilman Wray moved the Council authorize the Light Department to call for bids on two (2) 300 KVA dual voltage 3-phase padmounted transformers. The motion was seconded by Councilman Hordyk and carried. One transformer is for installation at an apartment house complex which is planned for construction at Lauridsen Boulevard between Lincoln and Chase Streets with the second transformer for stock and future application as required. 3. Voucher Approval List, Payroll. Councilman Hordyk moved the Council approve $258,042.25 Vouchers Payable and $109,800.06 Payroll. The motion was seconded by Councilman Haguewood and carried. V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA: None. VI LEGISLATION 1. Councilman Hordyk moved the Council accept and place on file the minutes of the Board of Adjustment, August 24, 1976 meeting as read by Mayor Olson. The I motion was seconded by Councilman Buck and passed. 2. Mayor Olson read the minutes of the Planning Commission, September 13th and 20,1976 meetings, with the following action being taken by the CounGil: Councilman Ross moved the Council concur with the recommendation of the Planning Commission and grant a six-month Conditional Use Permit to David Ellis of 1121 South Pine to operate an antique shop as a home occupation on lots 11 and 12, Block 347, for four days a week from 10:00 AM to 3:00 PM. The motion was seconded by Councilman Anderson and carried with Councilman Hordyk voting "NO." 178 CITY COUNCIL MEETING September 21, 1976 VI LEGISLATION 2. Continued. I Councilman Buck moved the Council concur with the recommendation of the Planning Commission and grant a six-month Conditional Use Permit to John J. Sutton of 718 East Third Street to operate a bathtub refinishing operation as a home occupation on lot 5, Block 63, Lewis and Mastick Subdivision, Townsite of Port Angeles, contingent upon the site being used as a warehouse and office space only. The motion was seconded by Councilman Ross. On the Mayor's call for discussion on the motion, the Suttons asked the Council to reconsider the restriction placed upon the Conditional Use Permit that the site be used for office space and storage only. Explaining that the major part of their bathtub refiniShing business would be conducted in private homes, they requested to be allowed to refinish freestanding bathtubs in their garage which they estimate would constitute approximately 10% of their repair openation. I Factors relating to the request were discussed with the Suttons, Manager Whorton and Planner Carr, with one neighborhood resident speaking in support of the 'request. FOllowing the discussion, Councilman Buck withdrew his motion with Councilman Ross withdrawing her second. Councilman Wray moved the Council grant a six-month Conditional Use Permit to John J. Sutton of 718 East Third Street to operate a bathtub refinishing operation as a home occupation on Lot 5, Block 63, Lewis ~nd Mastick Sub- division, Townsite of Port ,Angeles, contingent upon the site being used for office space and allowing the garage to be used as a workshop during the hours of 8:00 AM to 5:00 PM, Monday through Friday. The motion was seconded by Councilman Ross and passed by the Council. Councilman Ross moved the Council concur with the recommendation of the Planning Commission and grant a one-year Conditional Use Permit to Gordon and Margaret Umbehocker of 2909 South Oak for the selling of square dance apparel as a home occupation on Lot 3, Oakcrest Subdivision contingent upon there being no signs or displays. The motion was seconded by Councilman Hordyk and carried. Councilman Hordyk moved the minutes of the Planning Commission, September 13th and 20, 1976 meetings be accepted and placed on file. Councilman Wray seconded the motion and it carried. Councilman Haguewood requested Planning Commission member Colin Bennett to report on his impression of the consensus of the Planning Commission regarding the number of conditional use permits that are being issued for home occupation businesses; of primary concern.is the infringement upon the rights of home- owners in residential zones and business who conduct their business in commercial zones. Mr. Bennett reported that the Planning Commission is aware that the number of requests are increasing; however, there is a lack of guidance available as to what a home occupation consists of. He anticipates the Planning Commission will be devoting considerable study to this subject in the near future. I 3. The Department of Game's request for City permission to allow the public the use of a portion of the lower Elwha River was passed over. 4. In reference to the Peabody Creek seepage problem, Public Works Director Flodstrom reported that notification has been received from the Coast Guard that a hearing will be held on October 5, 1976 at 11:00 AM in Seattle. The purpose of the hearing is to determine if the City will be held responsible for the seepage into Peabody Creek and fines and cleanup costs of approximately $18,000: These accumulated costs are as of March, 1976, at which time the City assumed the cleanup maintenance. lR() CITY COUNCIL MEETING September 21, 1976 4. Continued. Mr. Flodstrom explained that the Coast Guard and the Department of Ecology have provided considerable assistance to the City in an attempt to locate the source of seepage. The source was never found, but is believed to be an underground reservoir from a tank buried in the past of approxametly 1800 to 2000 gallon storage capacity. Approximately 1800 to 2000 gallons of petroleum products were siphoned from the head of the reservoir, completely emptying the pipe, and hauled to the Landfill Site. No discharge has occurred since the drawing down of the head of the reservoir, and the feeling is that the seepage problem has been corrected. A lengthy report which documents the chronology of the seepage into Peabody Creek dating back to the late sixties is being prepared and will be presented to the Coast Guard at the hearing. As a result of the efforts expended by the City, the Coast Guard and the Department of Ecology to resolve this problem, it is anti- cipated a ruling favorable to the City will be handed down by the Coast Guard, Mr. Flodstrom stated. I 5. The Council next took under consideration an agreement for the purchase of a site for a public pier. Manager Whorton informed the Council that there are two questions to be considered at this time; namely, consideration ,of the Angeles Terminal, Inc. property, and consideration of the former Ownes Brothers', now General Construction Co., docking facilities. He then explained that the contract terms for purchase of the Angeles Terminal property are a total purchase price of $235,000, with an immediate $5,000 payment, $63,000 on January 5, 1977, and the balance of $167,000 paid in five equal installments of $33,400 beginning January 5, 1978 at 8~% interest, with the option to prepay the balance owing at any time subsequent to January 1, 1977 without penalty. Attorney Taylor advised the Council that the Angeles Terminal property is, owned by two governmental agencies. Parcell, the harbor area, is owned by the State Department of Natural Resources, leased to the Port of Port Angeles, who in turn sublease to Angeles Terminal., The City would be purchasing the leasehold interest in this I property; namely, the two leases plus the improvements. The City would be leasing property described as 9 lots, approximately 450', bounded on the west by the east line of Lincoln Street,. and on the east by Chase Street if it were extended to the tidelands. The improvement, which the City would be purchasing outright, includes approximately 1~ acres of paved fill area, 300 feet of pier with ramp machinery, and a two-thousand square foot office building. The terms of the Port's lease with the State for Parcell, the harbor area, are 2.5% of the appraised value of the property. If the City assumes the Port's lease or ac- quires a new lease from the State, the percentage would be increased to 6% of the current appraised value of the property estimated to be approximately $9,000 per acre. The property is appreciating at approximately 10% per year. The City's yearly lease payment would increase in ratio to the increased appraised value of the property. The terms of Angeles Terminal's lease with the Port for Parcel 2, the tidelands, are $1,500 per year. This lease would have to be renegotiated with the Port. A possibility does exist that the Port may dedicate this property to the City. Attorney Taylor stated that the contract is ready to be executed with the exception of a firm commitment in writing from the State and the Port that the current leases can either be extended as long as the City requires or that new leases will be entered into at this time for the necessary period, and that we have exact information concerning the rental rates. Counci lman Hordyk moved the Council authorize the purchase of the Angeles Terminal I site, authorize Mayor Olson to sign the contract, and adopt Resolution No. 19-76. . RESOLUTION NO. 19-76 A Resolution of the Council nor the City of Port Angeles authorizing the purchase of real and personal property located on the waterfront in the City of Port Angeles from Angeles Terminal, Inc. Councilman Wray seconded Councilman Hordyk's motion and the motion carried with Councilman Haguewood abstaining. un CITY COUNCIL MEETING September 21, 1976 VI LEGISLATION 5. Continued. I Consideration of the General Construction Company site was the next order of business. Manager Whorton explained that the negotiated terms on this property are the City of Port Angeles will purchase from General Construction Co. all rights to their lease with the Washington Department of Natural Resources along with all facilities now existing on the lease area, subject to the City being able to obtain the lease with the State, at a purchase price of $155,000. The terms of sale would be cash at the time of closing or token payment of $10,000 at time of closing and the remainder to be paid between the first and fifteenth of January, 1977. Conditions relating to the possible purchase of the 4th Street site by General Construction Co. for their base of operations have been verbally agreed upon by General Construction Co. and the City. Councilman Buck moved the Council authorize an appropriate Resolution to be drawn up for purchase of the General Construction Co. site and authorize Mayor Olson to sign the Resolution and the Real Estate Contract. The motion was seconded by Councilman Ross and passed by the Council. Resolution 20-76. It is the intention of the Council that the Angeles Terminal site be used for a public pier contingent upon the City obtaining a Federal Economic Development Administration grant to build the pier. The General Construction Company site may possible be used for a governmental pier in the future. 6. Manager Whorton reported that Renovation of Civic Field is one of the projects on which the City is proposing to submit a grant application to the Economic Development Administration for funding under Title I of the 1976 Public Works Employment Act. The architectural firm of Bennett, Johnson, Slenes, Smith and Associates was employed by the City to develop the information required for the grant application. The firm has completed the project and is now ready to present their recommendations to the Council for their consideration. Tim Haley of the architectural firm presented a report and engineering drawing on the Civic Field project to the Council. He provided a detailed account of the firm's recommendations for renovating the site which includes new seating, additional parking areas, reorganization of the fields, and replacement of fencing, restrooms, lockers, concessions, and storage with new construction. The estimated cost for the project is approximately $600,000, with a labor intensity of approximately 60 to 75%. Councilman Haguewood moved the Civic Field Renovation Project be submitted to the Economic Development Administration. The motion was seconded by Councilman Anderson and carried. I 7. In reference to the sale of City-owned property adjacent to Shane Park, Manager Whorton informed the Council that John Doane of Continental Associates, Inc. would like to buy Lots 11, 12, 13, 14, and 15, Block 113, Townsite of Port Angeles, between "0" and "E" on the north side of 6th Street and then resell them. Councilman Anderson moved this SUbject be taken from the table. Councilman Hordyk seconded the motion and it carried. I Councilman Anderson moved this matter be referred to the Real Estate Committee for a minimum price recommendation and the property be put up for bid. The motion was seconded by Councilman Haguewood and passed by the Council. Mayor Olson appointed Councilmen Hordyk, Haguewood, and Anderson to the Real Estate Committee. 8. Under late items, Manager Whorton reported that several inquiries have been received concerning the results of the September 21, 1976 Advisory Oil Port Election. This subject will appear on the October 5, 1976 agenda as the Siting Council is tentatively scheduled to return to Port Angeles on October 21, 1976 for the continued hearing. In reference to LID No. 198, Public Works Director Flodstrom reported that the City work has been completed with one contractor day remaining. The final assessments are currently being computed and it is anticipated that the 9. .... ,~ 182 CITY COUNCIL MEETING September 21, 1976 VI LEGISLATION 9. Continued. assessments and notice of final hearing will be mailed to the property owners during the first week of December, 1976. The property owners should receive their assessment invoices during the early part of February, 1977. I Residents will be notified through the news media that construction on the LID project is being finalized to provide them an opportunity to report any concerns they may have regarding the status of work done or remaining to be done to the Public Works Department. 10. Manager Whorton advised the Council that a letter has been received from Dorothy Munkeby, Executive Director of the Chamber of Commerce, which expresses a concern regarding the State Highway/Department's rescheduling Of the com- pletion of the realignment of the First-Front Street intersection at the east entrance to the City from the spring of 1977 to 1978. Manager Whorton recommended the Council direct the Staff to write a letter to the State Highway Department urging completion of the intersection realignment in 1977. Councilman Ross moved the Council authorize a letter as recommended by Manager Whorton be directed to the State Highway Department. The motion was seconded by Councilman Hordyk and passed by the Council. 11. Manager Whorton informed the Council that he will be out of town on September 25th through September 29, 1976 and Police Chief Kochanek will be acting City Manager. VII STAFF REPORTS 1. Councilman Wray moved to accept and place on file the July Financial Reports, Revenues, and Expenditures, Treasurer's Report; the August Reports for Fire, Parks and Recreation, Police and Utilities, and the Fire Chief's Out of Town Report. The motion was seconded by Councilman Hordyk and carried. 2. Councilman Ross: Requested report from Attorney Taylor on status of sale of Morse Creek Gravel Pit property: Attorney Taylor reported the matter is currently being worked on and is progressing. I 3. Councilman Hordyk: Requested Manager Whorton to direct the public Works Department and Police Department to check for safety purposes the exits onto Front Street from the new State buildings just east of the Anderson Ford property; also requested written verification from the Public Works Department that adequate off- street parking exists for the buildings on the State property. 4. Councilman Wray: 5. Councilman Haguewood: Commented about dogs being allowed in the Library. Requested progress report from Attorney Taylor on status of the Washington State Department of Social and Health Services lawsuit filed against the City concerning the quality of the City's domestic water supply. I 6. Councilman Anderson: Attorney Taylor reported that a hearing was held on Friday, September 17, 1976 on the question of date. The date of October 18, 1976, for four days with a visiting judge, has been set by the Court. Asked Parks Dire~tor Frizzell if there was a trai1en dump at Lincoln Park and was informed that there is no sewer at liincoln Park. 7. Attorney Taylor: Expressed concern regarding the hazardous condition which exists at the First-Front Street intersection at the east entrance to the City. CITY COUNCIL MEETING Septembef'I'21, 1976 VIII ADJOURNMENT The meeting adjourned at 9:15 P.M. I 'k~v @.~ City C1 erk I I 183 ~j ~~ -:;r; ~ Mayor