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HomeMy WebLinkAboutMinutes 10/07/1975 37 CITY COUNCIL MEETING Port Angeles, Washington October 7, 1975 CALL TO ORDER The meeting was called to order by Mayor Basom at 7:30 P.M. II ROLL CALL Members Present: Councilmen Haguewood, Hordyk, Lukey, Olson, Ross, Wray. I Members Absent: None Staff Present: Manager Whorton, Attorney Taylor, Clerk Parrish. J. Warder, T. Honnold, P. Reed, R. Parrish, D. Frizzell, P. Carr, H. Kochanek. Guests Present: E. Anderson, S. Anderson, J. McMahon, L. Switzer, R. Diamond, M. Smedley, J. Cole, H. Buck, J. Hendricks, M. Matilla. III MINUTES Councilman Olson moved the minutes of the September 16, 1975 meeting be accepted and placed on file as received. The motion was seconded by Councilman Hordyk and passed by the Council. IV FINANCE 1. Bid Award. I Councilman Wray moved the Council award the bid for three (3) 72 KV Station Type Lightning Arresters to second low bidder Graybar Electric Co., Tacoma, at a total bid price including sales tax of $3,969.00. The motion was seconded by Councilman Ross. Light Superintendent Honnold recommended acceptance of the second low firm bid of Graybar Electric as Westinghouse's low bid of $3,962.70 included an Escalation Clause and the cost differential is $6.30. On call for the question, the motion was passed by the Council. A bid of $4,063.50 was also received from Anixter-Pruzan Co. of Seattle. 2. Landfill Site Scale Pits Project. Councilman Hordyk moved the Council approve payment of $1,094.00 retainage to a.M. Hendrickson, Sequim, contractor on the Landfill Site Scale Pits project as recommended by Asst. Director of Public Works Reed. The thirty day period since completion and acceptance of subject project has elapsed, clearance has been received from the Department of Revenue and the Department of Labor and Industries and no liens have been filed. The motion was seconded by Councilman Ross and carried. 3. Cedar Street Project. Councilman Hordyk moved the Council approve payment of $39,441.86 to MELCO, Inc., Sequim as the third (September) estimate of work done and material furnished by sai.d contractor on the Cedar Street project as established by Public Works Director Warder. The motion was seconded by Councilman Olson and passed by the Council. I The Director of Public Works progress report on the Cedar Street project was acknowledged and noted for the record after being read by Mayor Basom. 4. Payroll Transfers. Councilman Hordyk moved the Council approve payroll transfers of $99,631.75 (Sept. 1-15, 1975) and $103,857.27 (Sept. 16-30. 1975). The motion was seconded by Councilman Ross and passed by the Council. V ITEMS FROM THE AUDIENCE NOT ON AGENDA: None. 38 VI LEGISLATION 1. Councilman Ross moved the proposed Ordinance annexing approximately 28.5 contiguous acres to the City of Port Angeles be taken from the table. The motion was seconded by Councilman Olson and passed by the Council. The circumstances which delayed Council consideration of the proposed annexation Ordinance were briefly reviewed by Manager Whorton. Considerable discussion ensued~ relating to annexation statutory requirements, staff procedures, the City's annexation policy and agreements of intent. Attorney Taylor then advised the Council that the statutory provisions that have been met at this point in the annexation process are the Council's acceptance of the proposed annexation, the petition for annexation, and the public hearing, that the next procedural step in the annexation process, is the Council 's determination by Ordinance whether annexation shall be made. He further clarified that if any specific conditions govern the annexed property, said provisions may be included in the proposed annexation Ordinance, or may be incorporated into a separate "annexation agreement" after passage of the annexation Ordinance. The specific provisions governing this proposed annexation were read by Mayor Basom. The Council then took under considera- tion the proposed annexation Ordinance. . I ORDINANCE NO. 1861 AN ORDINANCE annexing territory contiguous to the City of Port Angeles. Councilman Hordyk moved the Council adopt said Ordinance as read by title by Mayor Basom. The motion was seconded by Councilman Wray and unanimously passed by the Council. 2. The annexation agreement was then taken under consideration by the Council. On the advice of legal counsel, Councilman Wray moved the Council tentatively adopt the annexation agreement subject to the legal terminology revision recommended by Attorney Taylor. The motion was seconded by Councilman Ross and passed by the Council. Councilman Hordyk moved the minutes of the Board of Adjustment September 23, I 1975 meeting be accepted and placed on file as read by Mayor Basom. Council- man Ross seconded the motion and the motion carried. 3. Councilman Olson moved the minutes of the Planning Commi5ion September 22, 1975 meeting be accepted and placed on file as read by Mayor Basom. The motion was seconded by Councilman Hordyk and passed by the Council. A work session was scheduled with the Planning Commission for Tuesday, October 14, 1975 at 7;30 P.M. re: The Comprehensive Plan Policies. Councilman Lukey moved the minutes of the Planning Commission October 1, 1975 meeting be accepted and placed on file as read by Mayor Basom. Council- man Hordyk seconded the motion and it carried. 4. Councilman Olson moved the Ordinance establishing rates for refuse disposal at the Landfill Site be taken from the table. The motion was seconded by Councilman Wray and carried by the Council. The Ordinance was then introduced and read in full by Mayor Basom. The Council continued the discussion of the subject matter of the Ordinance which it had begun at it's last meeting, and it was clarified that demoli- tion material is unacceptable at the Landfill. Councilman Olson then moved for adoption of Ordinance No. 1862, as read, to be effective on November 1, 1975. I ORDINANCE NO. 1862 AN ORDINANCE of the City Council of the City of Port Angeles establishing a rate for refuse' disposal at the Sanitary Landfill Site by weight, and repealing Ordinance No. 1850. City Council Meeting October 7, 1975 VI LEGISLATION 39 4. Continued. I Councilman Wray seconded the motion for passage of the Ordinance. The discussion continued on with Councilman Hordyk expressing dissatisfaction with the equity of the rate schedule and Councilman Ross moving to table action on adoption of the Ordinance pending a management "comparison of financial statistics" report re: the Landfill. Manager Whorton explained the theory of the rate schedule and informed the Council that a four to six month financial experience report will be presented to the Council for their consideration. Councilman Ross' motion to table was lost for lack of a second. On call for the question, the motion to adopt Ordinance No. 1862 was carried, with Councilman Hordyk and Ross voting "NO". 5. The next item taken under consideration by the Council was a U.S. Coast Guard letter dated September 24, 1975 relating to an April 6, 1975 Peabody Creek oil discharge violation and proposing a $500.00 civil penalty assess- ment against the City for said violation. After Mayor Basom read subject letter in full, Manager Whorton recommended Attorney Taylor be directed to file a statement for the record with the U.S. Coast Guard on behalf of the City of Port Angeles by October 9, 1975 and also advised the Council that efforts are continuing throu~communication with our State and Federal Representatives to absolve the City of the responsibility of the Peabody Creek continuing oil pollution problem. Councilman Ross then moved the Council authorize Attorney Taylor to respond by letter to the U.S. Coast Guard stating the City's position in this matter. The motion was seconded by Councilman Hordyk and passed by the Council. I 6. Mayor Basom next read Director of Public Works Warder's memorandum relating to the Port of Port Angeles request for a Letter of Exemption from the Shoreline Management Act for the proposed renovation of an existing timber boat-way using concrete and steel. Mr. Warder recommends authorization of the Letter of Exemption on the basis that this proposal constitutes normal maintenance and repair of an existing structure. Councilman Wray moved the Council grant the Port of Port Angeles a Letter of Exemption from the Shore- line Management Act. The motion was seconded by Councilman Hordyk and passed by the Council. I 7. Councilman Hordyk moved the Council table for easement entitlement clarifi- cation the letter of Mrs. C. Bednarek, Rt. 4, Box 717, requesting a separate hook-up on the City's Morse Creek water line which passes through her thirteen acre tract, after being read by Mayor Basom. The motion was seconded by Councilman Wray and carried by the Council. 8. Mayor Basom then read to the Council'Manager Whorton's draft letter to Mark D. Spahr, District Engineer, Washington State Department of Social & Health Services, in response to said agency's directive letter of September 10, 1975 regarding improvements to the Port Angeles Water System. Stating the City's position in this matter, Manager Whorton indicates to D.S.H.S. that the City cannot make a formal commitment to improve our water system by mid 1978 due to the questionable source data utilized by D.S.H.S. as a basis for their conclusions regarding the City's water quality, the unapparent public health implications, and the serious possibility of the City's incapability to fund the recommended improvements. In reference to the source data item, Manager Whorton's letter explained the operation of City's water purifying system and" suggested D.S.H.S. measure the turbidity and bacterial count at the outlets' of the reservoirs to obtain more accurate statistics, believed to be well within the Federal standards, stating the City plans to install a turbidimeter at the Peabody Heights reservoir to test this theory. Councilman Wray then moved the Council approve the letter, authorize mailing the letter to Mr. Spahr, and additionally, authorize the purchase of a turbidimeter at approximately $1200.00 to be installed at the Peabody Heights Reservoir as soon as possible. The motion was seconded by Councilman Wray and passed by the Council. 9. Parks and Recreaton Director Frizzell's memorandum requesting Council authorization to realign the Department's 1975 Capital Improvement budgeted priority items and presenting an overview of the Department's projected Capital Improvement Program for 1976-77 was introduced by Mayor Basom. After a brief discussion, Councilman Olson moved the Council authorize the realignment of the 1975 Capital Outlay budget and approve in principle the projected capital outlay program for 1976-77. The motion was seconded by Councilman Lukey and carried by the Council. 40:ity Council Meeting October 7 I 1975 VI LEGISLATION 10. Councilman Hordyk moved the Council authorize Mayor Basom and Clerk Parrish to sign the "Certification of Ad Valorem Taxes" as read by Mayor Basom and forward same to the Board of Clallam County Commissioners. The motion was seconded by Councilman Wray and passed by the Council. 11. Mayor Basom next introduced for Council consideration the "Real Estate Contract" to be entered into between the Port Angeles School District No. 121 and the City of Port Angeles for the purchase by the City of the real estate generally described as the "Roosevelt School Site" property. At Mayor Basom's request, Attorney Taylor briefly clarified the provisions of sai,d contract, with Manager Whorton reporti ng to the Counci 1 concerni ng the development of the contract by the involved municipal corporations, the provisions of which have been approved by the School Board. Councilman Ross then moved the Council approve the aforementioned Real Estate Contract and authorized the Mayor to sign on behalf of the City of Port Angeles. The motion was seconded by Councilman Olson and passed by the Council. 12. Notification of the 1975 AWC Regional Meeting in Port Townsend on October 20, 1975 was acknowledged and noted for the record. I 13. Councilman Olson moved the minutes of the Civil Service September 18, 1975 meeting be accepted and placed on file. The motion was seconded by Council- man Hordyk and passed by the Council. 14. Councilman Hordyk moved the Clallam County Humane Society August 1975 Report be accepted and placed on file. Councilman Olson seconded the motion and it carri ed. 15. Councilman Ross moved for Council approval of the Liquor License transfer of Dorthia Virginia Sewell, dba Pepe's to Charles William Carpenter dba as La Casita Mexican Restaurant and also license transfer for the Chinook Tavern from Russell Melvia Padgett and Florence Genevia Padgett to Oliver M. Miller and Margarita G. Miller. The motion was seconded by Councilman Hordyk and carried with Councilman Haguewood and Lukey abstaining. I VII STAFF REPORTS 1. A motion was made by Councilman Wray, seconded by Councilman Hordyk and passed to accept and place on file the Light and Water August Work Reports, the August Summary of Revenues and Expenditures and the Out-of-Town Reports of Bosanko, Easley and Stewart. 2. Mayor Basom: Read Dr. Kintner's commendation letter re: Water Dept. employee, Paul Fernandez - L.I.D. No. 198; reported the Council would adjourn to Executive Session immediately following adjournment of regular meeting. 3. Councilman Ross: Requested progress report re: Tumwater - Marine Drive Traffic Signalization project and recommended investigation of possibility of establishing a one-way truck travel route going East on Third Street during project construction period. 4. Councilman Wray: Paving of L.I.D. No. 198 alleys; Library Board vacancy - City responsible for nomina- tion replacement candidate - to be confirmed by the Board of County Commissioners; Court I,., ruling re: invalidity of RCW 39.04.140 per- taining to public works contracts affected by increases in petroleum products. 5. Manager Whorton: Council information item - D.S.H.S. Report re: Uncovered reservoirs. VIII ADJOURNMENT The meeting adjourned at 9:10 P.M. /h.' t/. //l ~ (!, I~_/LJ City Clerk ~zL~~ Mayor