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HomeMy WebLinkAboutMinutes 12/03/1985 I :'1 ;.. I CITY COUNCIL MEETING Port Angeles, Washington December 3, 1985 I CALL TO ORDER Mayor Whidden called the meeting to order at 7:05 P.M. II ROLL CALL Members Present: Mayor Whidden, Councilmen Gerberding, Quast, Schermer, Starnon. Members Absent: Councilmen Haguewood, Hordyk. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson, P. Carr, M. Cleland, G. Booth, J. Marsh, J. Pittis, R. Orton, A. Rose. public Present: J. Hallett, F. McPhee, J. Cornell, G. Mattson, C. Miller, B. Chandler, S. Wilson, B. Colter, F. Lorentzen, C. Brown, A. Brown. III MINUTES Councilman Gerberding moved the Council accept and place on file as received the minutes of the November 19, 1985, regular meeting. councilman Stamon seconded and the motion carried. IV CONSENT AGENDA Councilman Quast moved the Council accept, with the exception of Item No. 2, which he moved to Item VII 2.A.l on the regular Agenda, the items listed under the Consent Agenda, including (1) Request for payment to CH M Hill of $1,428.67 for work on the Environmental Impact Statement on2 Westside Annexation; (3) Correspondence from Washington State Liquor Control Board; and (4) Vouchers of $262,9l5.0l and Payroll of 11-17-85 of $213,333.54. Councilman schermer seconded and the motion carried. V FINANCE 1. Riddell, Williams Payment for WPPSS Representation Authorized Councilman Gerberding moved to authorize payment of the November 15, 19B5, Riddell, Williams bill in the amount of $l,030.16. Councilman Stamon seconded and the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA Councilman ordinance. Starnon inquired as to the status of the sewage This was placed as a late item on the agenda. treatment VII LEGISLATION 1. Presentation of Certificates to Ken Loghry and Dave Ellefson Postponed Mayor Whidden announced that this item would be postponed to allow the recipients to be in attendance at the meeting. Councilman Quast commended the Public Works Department for their valiant effort in fighting the snow. councilman Starnon added commendation, not only to the Street Crew but also members of the Water/Sewer Division and members of the City Light Crew. Councilman Gerberding included his appreciation, particularly since he had voiced concern last year. Mayor Whidden then read a letter of commendation addressed to Public Works Director Pittis from Erl Hansen, Executive Director of the Port Angeles ? L/- 3 , I I WLLL ./ " -, CITY COUNCIL MEETING December 3, 1985 Chamber of Commerce. The commendation was for early-morning snow removal completed by the Public Works Department. Public Works Director Pittis re- viewed with the Council the costs of the snow removaL Councilman Quast instructed staff to send a letter of "thank you" to Olympic National Park for the use of their snow removal equipment. Public Works Director Pittis emphasized what a tremendous amount of assistance the use of this equipment had been. 2. Public Hearings A. Campbell Avenue Sewer LID Preliminary Assessment Roll Boundaries to be Adjusted Following a presentation by Office Engineer Ken Ridout, which included a review of letters of protest for the LID, the first letter of protest was from Platt, Irwin, Colley, Oliver, Miller & Wood, Attorneys at Law, repre- senting Marvin Johnson, 1358 Campbell Avenue. This protest was based on the fact that Mr. Johnson had purchased access to the City sewer system, enabling him to hook up to existing sewers. The second letter of protest was from Mabel Kraft, based on the fact that property owned by her also had access to City sewer, and on the fact she did not intend to build on the property. Mr. Ridout stated that both these properties could be removed from the District, as they could hook up to existing sewer. Mr. Ridout also announced that protest letters had been received from Floyd Gabriel and Bryce E. Lorentzen. Mr. Ridout stated that most of the letters pro- tested unequal distribution of costs in the LID. A letter had also been received from Petersen & Associates, land surveying, on behalf of Ken Casady, requesting a delay in the Council's decision on LID 207, to enable him to analyst the effects, as he had recently purchased property in the area of the proposed LID. DuriFlg discussion, Councilman Quast felt the County Health Department should inspect the properties included in the proposed LID to ascertain the exact condition of the septic systems of these properties. 'I Mayor Whidden then opened the public hearing and asked for comments. Craig I Miller, attorney representing Marvin Johnson, addressed the Council, sup- porting the written protest already filed. He reiterated the fact that the property had access to the City sewer and the LID would result in no bene- fit to Mr. Johnson. Bob Chandler of l423 Eckard Avenue spoke in support of the LID. He stated that a problem had existed with the sewage in that area for over three years. However, he noted concern over the cost allocations. He requested more information on the proposed LID. He also requested the City pay a percentage of the LID. Sue Wilson, Sanitarian with the Clallam County Division of Environmental Health, addressed the Council. Ms. Wilson stated she had been working on this project since late 1983, early 1984. She stated that a septic evalua- tion had been done in November and December of 1983, verifying a problem on one of the properties. She stated she had not been able to look at the systems on the Johnson and Kraft properties, but had received complaints on potential failing systems on those properties. She stated a health hazard currently exists in the area. The only long-term solution was the installation of a public sewer, in Ms. Wilson's opinion. Bob Colter of 1452 Eckard Avenue inquired if he would be required to hook up to the sewer even though the public sewer was brought in and he had no problem. Public Works Director Pi ttis explained that technically the ordinance required all people within 300 feet of the sewer system to hook up to the sewer. He stated this might be waived by the Council. Following further discussion, Sue Wilson noted that County health regula- tions do not require hook-up to a public sewer system if the current system is working. Mr. Colter opposed paying $5,000 if he already has a system that works. Frank Lorentzen, 1419 Eckard Avenue, felt that if the drain field on the property with the failing system was extended, the current septic system would work and the surrounding property owners would not need to be involved. I CITY COUNCIL MEETING December 3, 1985 Manager Flodstrom recommended continuing this proposal to allow cost in- formation to be distributed to property owners; to allow Public Works to consider including the Casady property; and to look at the benefits to all of the surrounding property owners. :1 councilman Quast then moved the Council grant the request for exclusion of the Kraft and Johnson properties, with the condition that the Johnson prop- erty hook up to the existing sewer system by June30, 1986, and the Kraft property hook up to the City sewer system at the time of the issuance of any occupancy permit for future developments on that property. Councilman Gerberding seconded. Following ~iscussion, on call for the question, the motion carried. ._ ;;t Councilman Schermer t:h,en moved to r,eturn this item to staff for boundary adjustment recommendations to be co~sidered by the Council at a later date. Councilman Quast seconded. Cou~cilman Gerberding encouraged the pursuance of further inspections by the County to ascertain if there were other fail- ures previously undetected. Councilman Quast encouraged property owners to inquire about completing the work themselves so long as the work would meet the specifications of the City. Following discussion, on call for the question, the motion carried. Councilman Starnon also urged property owners of the area to pursue the option of constructing their own sewage system. She suggested a round- table meeting between property owners in the area and Public Works Depart- ment staff. ,~ Item No. 2.A.l was then dropped from the Agenda. B. Property Declared Surplus College Marine Lab six Items Donated to Peninsula I The Council noted that the list of the surplus property available was not included in tonight's Council packet. Councilman Quast abstained from participating, due to conflict of interest. Mayor Whidden opened the public hearing and asked for comments. There were none. He closed the public hearing. Following discussion, Councilman Schermer moved to declare surplus and donate Item No.8, metal file card boxes; Item No. 23, typing stand; Item No. 24, orange room divider; Item No. 25, IBM Mag Card typewriter; Item No. 33, ~ inch drill motor; and Item No. 36, bench grinder; to the Art Feiro Marine Laboratory, as requested by peninsula College. Councilman Stamon seconded and the motion carried. The Council concurred to continue decision on the other 40 items until the December l7, 1985, Council meeting. (See 2.B, following Item No. S.) 3. Request for Water Service Outside City November 19, 1985) - Denied Brown (Continued from I C. R. and Audrey Brown addressed the Council. Mr. Brown stated he and Mrs. Brown had recently moved into a single-wide mobile home on the property adjacent to an existing house and desired to add a new service for the mobile home. Following discussion at great length, Councilman Gerberding moved to concur with the recommendation of the Public Works Department that this request for an additional water service be denied, stating that a water source other than the City's main will have to be found to serve any additional dwellings which might be located on the property in the future. Councilman stamon seconded. Councilman Quast amended the motion, with Councilman Gerberding concurring, that if the non-habitable house be torn down, the Brown's have permission to relocate the 3/4" line and hook up to the new residence; in other words, that only one service to City water be allowed on the property. On call for the question, the motion carried. 4. Agreement Authorized Between City and Port Angeles Downtown Association for Administering PBIA Councilman Gerberding moved to approve and authorize the signing of the PBIA agreement between the City and the Port Angeles Downtown Association. Councilman Schermer seconded. Attorney Knutson explained that he had several housekeeping amendments, which did not change the general intent of 4'f5 4~6 CITY COUNCIL MEETING December 3, 1985 the contract. He reviewed these with the Council. councilman Gerberding moved that amendments suggested by the City Attorney be included in the motion. On call for the question, the motion carried. Councilman Stamon thanked staff, the Downtown Association, and Jerry Cornell for all the hard work and patience that went into the formation of this agreement. 5. BPA - City Short Term Contract Close-Out Agreement Authorized Following discussion, Councilman Gerberding moved to concur with the Light I Department recommendation that the City Council authorize the City Manager to sign the contract close-out agreement. Councilman Stamon seconded and the motion carried. 6. Resolution Passed Declaring an Emergency for the Purchase of Parts and Repair of Treatment Plant Clarifier Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 4l-85 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring an emergency and dispensing with the requirement of calling for bids for the acquisition and installation of a Sewage Treatment clarifier turntable. Councilman Schermer moved to pass the Resolution as read by title. Coun- cilman Quast seconded. Councilman Gerberding urged staff to review RCWs very carefully and post this, if needed. On call for the question, the motion carried. 7. Resolution - Storm Water Runoff Management in Urban Areas Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 42-85 A RESOLUTION of the City of Port Angeles concerning storm water run-off management in urban areas. Public Works Director Pittis explained to the Council that the Resolution was in response to requirements promulgated by the 1970 clean Water Act under which we require an extensive permitting process concerning storm water run-off management in urban areas. The Resolution requests that the Clean Water Act include a five-year moratorium on permit requirements and that durin$ those five years, EPA be required to accomplish a definitive study to d~errnine and devise a logical, cost-effective, set of regulations fOP'storm water run-off management in urban areas, based upon the perceivedl actual amount of pollution carried before permits can be required for municipal storm water systems. This Resolution is to be sent to our legislators. Councilman Gerberding moved the Resolution be passed as read by title. Councilman Stamon seconded and the motion carried. 8. Interviews Scheduled for Candidates for Planning Commission A special meeting was scheduled for 6: 30 P.M. on December 17, interview candidates for the Planning Commission. 1985, to 2. B. Declaration of Surplus Property Manager Flodstrom provided the Council a list of the City's surplus prop- erty. Councilman Stamon moved that the Council declare the property as surplus and available for auction and disposal with the exception of Items Nos. 8, 23, 24, 25, 33, and 36, which have been donated by the City of Port Angeles to the peninsula College Marine Lab. Councilman Schermer seconded and the motion carried. I I I I CITY COUNCIL MEETING December 3, 1985 VIII LATE ITEMS Manager Flodstrom announced that the annual Feast With the Fuzz, which is a benefit for the youth in the area, has been postponed to February 21, 1986, due to the weather conditions. Esther Webster Estate Trust Fund Agreement With the City - Draft Presented I Manager Flodstrom presented a draft of an agreement between the City of Port Angeles and the Esther Webster Estate the Council will be considering at the December 17, 1985, meeting, for the establishment of a fine art center at the Esther Webster residence in Port Angeles. DOE ResponsejSeptage Issue - Ordinance Adopted Manager Flodstrom referred to a letter received from the Department of Ecology concerning the City' s concerns with the current septage issue problem and asked if the Council, based on this information, would be interested in considering the amended ordinance which had been presented at the previous meeting, changing the date for the termination of the City's acceptance of septage into the system to May 20, 1986. Councilman Quast moved that whereas the City of Port Angeles had received the requested letter from the Department of Ecology and thereby held not liable, septage dumping may resume upon repair of the clarifier and be extended to May 20, 1986. Councilman Gerberding seconded, amending the motion with concurrence from Councilman Quast, adding two conditions as follows: (1) A sampling technique be developed to detect violations; and (2) If said violations occur, the City Council be notified at the next regular City Council meeting. On call for the question, the motion carried. Mayor Whidden then read Ordinance No. 2364 by title, entitled ORDINANCE NO. 2364 AN ORDINANCE of the City of Port Angeles, Washington, regulating the discharge of septic tank, cess pool, holding tank, chemical toilet, portable toilet and privy wastes into the public sewer system; and amending Section 4 of Ordinance No. 2324 and Section 1 of Ordinance No. 2358. Councilman Quast moved the Ordinance be adopted as read by title. Council- man Schermer seconded. Following discussion, the motion carried. Mayor Whidden requested that a copy of this Ordinance be forwarded to the County. Manager F10dstrom announced that there was a need for an executive session to discuss matters of litigation, lasting approximately 30 minutes. IX ITEMS FROM THE AUDIENCEjCITY,COUNCIL NOT ON THE AGENDA Councilman Gerberding requested that the ordinance limiting terms of City Council members be placed on the agenda for the December 17, 1985, council meeting; and requested information from Planner Carr regarding the information he is soliciting on a hearings examiner. Councilman Gerberding also inquired of Planner Carr regarding the City's current administration of the grant for the Lincoln Street Landing project. Councilman Quast requested that the City look into the possibility of assisting the Bonneville Power Administration in clearing one of their access roadways. councilman Quast requested that all citizens, especially during these poor road conditions during the snow season, remove all their large vehicles from the public rights-of-way in order that the snow plows and emergency vehicles can proceed through the streets effectively. Councilman Quast also commended Parks Director Marsh on a letter of appre- ciation received from the High School athletics director complimenting the Parks Crews on keeping the fields in good, playable conditions even under severe usage. 4 '1-7 4lf8 CITY COUNCIL MEETING December 3, 1985 Councilman Schermer requested that the City Attorney provide Council with additional legal information concerning the issue of limiting Council terms. Mayor Whidden directed the Council's attention to information contained in the Information Packet regarding the current status of the Lincoln Street Landing project and the loan closing. and the letters to the Federal government regarding the City's use of the Morse Creek artillery range. Councilman Stamon thanked Finance Director Orton for the third quarter I financial report which was in the Information Agenda. X ADJOURN TO EXECUTIVE SESSION Mayor Whidden adjourned the meeting to executive session at 9:01 P.M. XI RETURN TO OPEN SESSION AND ADJOURNMENT The meeting returned to open session and adjourned at approximately 9: 20 P.M. ~-PAh~' a ~69.. Cler 0a dLk (il"~ ~ t/liiuv.~u j Mayor l' I I