COUNCIL MINUTES February 4, 1974

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39 1 COUNCL MNUTES February 4, 1974 Regular meetng of the Cty Councl of the Cty of Ocean Shores called to order at 730 P.M. by Mayor Lews wth all councl members present. Cty Manager Ford, Cty Attorney KUmbera and Cty Clerk Bergan were alao present. Mnute* of the last meetng were approved by noton of Bolton and Jacobs. Lews read letter receved from the Grays Harbor Dsablty Board nformng us that Councl Member Jacobs has been elected to the Board. Horses Foster & Marshall nterlocal Agreement Health Dl«t. bll Workshop State Budget Fre Staton val Cty Manager Ford read an annonymous letter receved regardng allowng a man to do busness n our communty who abuses hs horses. Cty Manager Ford ponted out that the man probably beng referred to n ths letter operates just outsde of the cty lmts. Cty Manager Ford read copy of a letter from Foster & Marshall, nvestment Bankers and Brokers, to Omar Youmans, Grays Harbor County Commssoner, statng they wll, as a part of ther normal follow-up servces at no charge to the County, make an analyss of the frst year's operatng results of the Ocean Shores sewer system and make recommendatons of any changes n the sewer rates they thnk mght be necessary. Letter stated they would also make an analyss of the advsablty of refundng the sewer bonds. Cty Manager Ford read Memo from Grays Harbor County Publc Works Department enclosng a fnal draft of the nterlocal Agreement regardng the loan from the Department of Ecology for the Pyrolyss Study and Santary Landfll Pre-Constructon Work. Memo stated that f ths draft s approved, an orgnal wll be suppled for sgnatures. t was moved by Carston and Bolton to approve ths draft of the agreement and to authorse the Mayor to sgn the orgnal when t s presented. All councl members voted aye and the moton passed. Cty Manager Ford reported that we have receved a statement from the Grays Harbor-Pacfc Health Dstrct for $2,589.60 for publc health servces for 1974. He stated that before the Councl takes any offcal acton regardng ths matter, he would lke to dscuss t wth the Health Dstrct Board. Mayor Lews therefore tabled the matter. Cty Manager Ford announced there wll be a workshop for newly elected offcals on March 8 n Olympa. Cty Manager Ford presented each councl member wth a packet of nformaton and forms requestng local elected offcals for nput nto the State Budget process. Cty Manager Ford road report receved from Arnold N. Andrng AA and Assocates suggestng solutons to the problem of the north wall of the Fre Staton leanng out approxmately two nches at the top. Cty Manager Ford reported he wll now talk to contractors regardng estmated co*t«of the vares solutons and present same for Councl decson.

40 Councl Mnutes, February 4, 1974, Page Two* Cty Attorney Kumbera reported he s workng on the new B..A. rdnance but desres to know f cty wants to use the termnology "dong busness n" or "located wthn" regardng busnesses to be Assessed? Much dscusson followed and t was the consensus to uae "located wthn". Cty Attorney Kumbera stated he wll have the ordnance ready for the next Councl Study Sesson. Street Name Sgns House Numberng Cty Manager Ford reported the Street Department s workng out a street name sgnng progffem. Mayor Lews asked how about a house numberng program also? Much dscusson followed. t was agreed a house numberng program s very desrable and that suck program should be establshed before street name sgns are nstalled because may want to add the words North, South, East or West to the street name. Cty Manager Ford stated he would have the cty staff, ncludng the Fre Chef, Polce Chef, Street Engneer, cone up wth a tentatve house numberng plan for a Councl Commttee to study, refne, and recommend for adopton. Ord.#126 Ord.#127 Ord.*128 Ord.#129 Ord.#130 Ord.*131 Ord.$132 Ordnance No. 126, beng an ordnance adoptng the Unform Buldng Code, 1973 Edton, amendng sad code, and repealng Ordnance No. 47 was read by Cty Manager Ford. t was moved by Carlston and Bolton to pass the ordnance and all councl members voted aye. Ordnance No. 127, beng an ordnance adoptng the Unform Plumbng Code, 1973 Edton, amendng sad code and repealng Ordnance No. 45 was read by Cty Manager Ford. There was much dscusson on Secton 4 regardng allowng use of plastc ppe. t was moved by Jacobs and Bolton to delete Secton 4 and pass the ordnance. All councl members voted aye and the moton carred. Ordnance No. 128, beng an ordnance adoptng the Unform Mechancal Code, 1973 Edton, and repealng Ordnance No. 46, was read by Cty Manager Ford. t was moved by Bolton and Jacobs to pass the ordnance and all councl members voted aye. Ordnance No. 129, beng an ordnance adoptng the Unform Fre Code, 1973 Edton, and repealng Ordnance No. 98, was read by Cty Manager Ford, t was moved by Carlston and Bolton to pass the ordnance and all councl members voted aye. Ordnance No. 130, beng an ordnance desgnatng th«cty Clerk as audtng offcer and authorzng blanket voucher approval by the Councl Fnance Commttee, was read by Cty Manager Ford. t was moved by Harchas and Carlston to pass the ordnance and all councl members voted aye. Ordnance No. 131, beng an ordnance relatng to nvestment of cty funds was read by Cty Manager Ford. t was moved by Bolton and Carlston to pass the ordnance and all councl members voted aye. Ordnance No. 132, beng an ordnance prohbtng the use of alumnum conductors of electrcty wthn the Cty of Ocean Shores,

41 Councl Mnutes, February 4, 1974, Page Three. was read by Cty Manager Ford* t was moved by CarBton and Bolton to pass the ordnance and all councl members voted aye. Cty Manager Ford reported he wll have a ZK motel tax ordnance ready for the next meetng. ^."ff. n * Cty Manager Ford announced that the cty employees wll take the oj.r ay Lncoln's Brthday holday on July 5th thta year. Census Logs lake & canals Cty Manager Ford announced that the Amercan Assocaton of Retred Persons, local chapter, has agreed to do the census project for 25$ per name. Councl Member Carlston asked agan about logs beng taken from the dune area. Cty Manager Ford stated the polce patrolmen wll try to keep watch n ths matter. Mr, Dave Wllams of the Ocean Shores Development Corporaton reported they are dong a sx month study to determne what recommendatons to make regardng proper lake and canal levels. There beng no further busness the meetng adjourned at 9:30 P.M.. K. Lews, Mayor Helen L, Eergan, Clerk

42 PUBLC HEARHB MXJRJXES February 14, 1974 Coast T.V. Mlnard Covenant* covenants Board of Adjustment Weather* wax Gas* regardng tralers Pursuant to preper notce, publc hearng on proposed conng ordnance was called to order at 7:30 P.M. by Mayor Pro Tarn Bolton wth councl members Jacobs, Harchas, Carlston and Bolton present. Cty Manager Ford, Cty Attorney Rumbera and Cty Clerk Bergan wer* also present* There were approxmately 25 members of the publc present. Cty Manager Ford read letter receved from the Ocean Shores Plannng Commsson recommendng the Cty Councl pass the proposed conng ordnance as prepared by them. Ed Huson of Coast Communcatons stated that when they selected and began developng ther ste, ther use was a permtted us* under the Comprehensve Plan. He ponted out that the proposed zonng for ther property s Prvate Recreatonal whch wll make ther us* a non-conformng one and they do not beleve ths should be done. Ruth Mlnard also spoke about ths area statng she had sold the property to Coast Communcatons as commercal use property, that ah* has three parcels remanng n ths same area to be sold and sh«desres to sell them aa commercal use property. James Jordan ponted out that Secton 6.24 (d) sets the mnmum dwellng sze as 650 square feet, whereas the covenants allow 450 square feet, and asked f the Cty s ready to defend a sut n ths matter? Cty Manager Ford stated he beleves the Cty can defend ts' ordnance regardng any conflct wth the covenants, but the property owner may not be able to do so and the Cty may have a moral oblgaton to so advse the bulder. Councl Member Carlston stated she has prepared a chart whch wll make t easer to adv.se developers of the known many and vared covenants. Arden Roomer stated he does not beleve the Board of Adjustment should be establshed n the zonng ordnance but be establshed by a separate ordnpnce. Cty Manager Ford stated t can be don* ether w*y but b*lev*n t s better to do so n the conng ordnance because the Board s referred to throughout the same. Mayor Fro Tern Bolton read letter receved by the Plannng Commsson from Maran Weatherwax dated December 8, 1973, whch protested the proposed rnzpung of the area near her property for us* as an ndustral Park. Mr. Boltoa ponted out that the area s now proposed as a resdental cone. Frankln Case, owner of a lot on Duck Lake, stated he la concerned about the proposal to dsallow vacaton tralers to park on lots over an extended perod of tme. He stated he desres to park hs traler on hs lot and come down as many weekends as he can manage. Mayor Pro Tern Bolton stated several letters have been receved regardng tralers and asked that they now be read.

43 Publc Hearng Mnutes, February 14, 1974, Page Two. Tresuer Anderson Hedenrelch Tralers Werner Secton 6.20 Thomaa Tomner Const. Bergsma Const. Company Letter from Gerald D. and Batty J. Tresner, owners of Lot 16, Dvson 6* stated that a new zonng ordnance whch wll prohbt property owners from leavng travel tralers and recreatonal vehcles on ther loto whle not K use wll prevent the majorty of vacaton property owners from enjoyng t'relr property. tetter from Robert L. Anderson, own&r of a lot n Dvson 22, stated hs objecton to any tonng ordnance that would prevent the parkng of recreatonal vehcles on lots for occasonal weekend vacatons. Letter from Jll Heldenrech suggested tralers be parked n the area between the Shoppng Mall and the Unon Staton when not n use. Councl Member Carlston read the covenants whch state that "no structure of a temporary character, traler, basement, tent, shack, garage, barn or any other outbuldng shall be used on any lot at any tme ae a permanent resdence, except under a temporary wrtten permt for not more than one year granted by the Archtectural, Plannng, and Zonng Commttee," Plannng Commssoner Sargent suggested we now read Secton 6.19 of the proposed zonng ordnance and note the only dfference s n the permt system. Bob Werner of the Development Corporaton stated he thnks the ordnance as regards use of tralers s very well wrtten. Cty Manager Ford suggested Councl may want a separata ordnance on traler use. Mayor Pro Tern Bolton stated the Councl wll consder all nput on ths traler use problem when t consders the ordnance for fnal approval and passage. James Jordan asked that Secton 6.20 regardng storage of tralers be read as there seems to be a conflct between t and Secton 6.19 and he also objects to the words "front yard" and ponted out that many water front lots may not be able to store recreatonal equpment n ther back yard or sde yards* Cty Manager Ford suggested perhaps the secton meant the requred set back and could be changed to so state. Mayor Pro Tern Bolton asked Cty Manager Ford to read all other correspondence receved regardng the proposed zonng ordnance. Letter from Oven Thomaa, owner of Lot 949 Dvson 4, volently opposng the rezonng of Tracts M and B Dvson 3 and 4 respectvely, statng that when they purchased ther lot they were told Tract M had been set asde for a communty park and boat launchng faclty. Letter urged the Cty to get rd of the eyesore Tommer Constructon. Letter from The Bergsma 1 a, owners of Lot 941 Dvson 4 states they beleve the proposed zonng change for Tract M Dvson 3 and Tract B Dvson 4 haa a drect effect on the value of ther property. They state when they purchased n that area they were assured that Tract M was reserved for purposes compatble wth the adjonng resdental property and that the constructon company was only temporary. They stated f any zonng change s made t should be to resdental.

44 Squre Tommer Const. Harshberger Const. Company Werner Jordan Sec,6,07 Sec.2.64 Sec.6.40 Publc Hearng Mnutes, February 14, 1974, Page Three. Letter from Dan Squre, owner of lots 105, 106 n Dvson 3, stated Tracts M and B should be zoned resdental. He stated when he purchased hs lots he was told the constructon operaton was temporary. He expressed hs desre to have the Tommer Constructon Company moved to a locaton more fttng heavy ndustry. Letter from C. C. Harshberger, owner of Lot 950, Dvson 4, stated the presence of the Tomner Constructon operaton has been completely ncompatble wth surroundng resdental property and has devaluated hs property. He stated when he purchased hs property he was assured by the developer that Tracts M, Dvson 3, Tract B, Dvson 4, were reserved for publc use compatble wth adjonng property and the presence of the constructon operaton was temporary. He urged rejecton of the proposed rezonlng and return the matter to the Plannng Commsson for resortng to a sutable resdental desgnaton compatble wth and responsve to the adjonng area. Bob Werner of the Ocean Shores Development Corporaton stated Tract M, N and B are not really beng re-coned as they were always ntended to be reserved for publc utltes and smlar uses and t can't be helped what some salesman sad. Mr. James Jordan called attenton to the followng errors and/or omssons: Secton 2.30 - defnton of "Court" omtted. Secton 4.03 - use a sem-colon at the end of the fourth sentence. Secton 6,,03 (a) - add the words "or attached garage", Secton 6, 05 (c) - s ths necessary? Secton 6. 05 (d) - Should not the word "may" be changed to "shall" Secton 7, 04 - add the word "may" so that t reads "the Cty Clerk may desgnate someone on the staff." Jane Montague stated she doesn't thnk Secton 6.07 s wrtten clearly. Someone asked f the number "three" could be elmnated from ths secton? Councl Member Carlaton stated that f Secton 6.07 la rewrtten to be sure to keep n mnd Secton 2.54 whch s the defnton of a kennel. Cty Manager Ford stated kennels should be allowed only under condtonal use permts. Jane Montague referred to Secton 2.64 and asked who n the Cty determnes whch street has the heaver traffc flow so the proper front lne of a lot can be determned for lots havng two or more street frontages? Cty Manager Ford answered you should use the Cty Comprehensve Street Flan whch would desgnate whch street s ntended to carry the heaver traffc flow. However, he sad, perhaps we should have another defnton for through lots. Jane Montague stated she objects to the last sentence n Secton 6.40 (a). Councl Member Carlston stated ths whole secton on Planned Development needs more study.

45 Sac.6.21 8ac.6.28 Board of Adjustment Tracts, set backt etc. Hearng recessed Publc Hearng Mnutes, February 14, 1974, Page Four. Mayor Pro Tern Bolton stated he questons the legalty of Secton 6.21 regardng the current lcense plate. t was consensus that the laws on abandoned vehcles should be studed and perhaps a separate ordnance passed regardng ths matter, James Jordan stated he objects to Secton 6.28 (b) requrng that all parkng servng a faclty be located on the same sde of the street as the faclty. Much dscusson followed. Suggeston was made the word "requred" be added before the word "parkng". Councl Member Carlston stated she thnks Artcle 7 should have a secton added regardng what consttutes a quorum of the Board of Adjustment and how many concurrng votes are necessary for a decson. She also presented a sketch of Tract H Dvson 10 and Tract A Dvson 14 askng reconsderaton be gven to the proposed tonng. She further asked that the words "for all use dstrct" be added to '.12 Water Front Set Backo on Page E. * lour kal^s late, Mayor Pro Tern Bolton recessed the meetng to the next regular councl meetng on Tuesday, February 19, 1974, at 7:30 p fm>> ^^ ho ^j^ agfc tne councl to further recess the hearng untl after a councl study sesson. Phlp Bolton* Mayor Pro Tern Helen Bargan, jelty Clerk

46 COUNCL MNUTES February 19, 1974 Regular meetng of the Cty Councl of the Cty of Ocean Shores called to order at 7:30 P.M. by Mayor Lews wth all councl members present. Cty Attorney Kumbera, Cty Manager Ford, Cty Clerk Bergan were also present. Mnutes of the last meetng were approved by moton of Bolton and Harchaa. Clams Fund Vouchers Ho. 2270 through Mo. 2337 n the amount of $48,334.07 and Payroll Fund Vouchers No. 901 through Mo. 954 n the amount of $17*006.51 were approved for payment by moton of Bolton and Jacobs. Treasurer's report showng a balance of $311,676.94 n all funds was approved by the Fnance Commttee. Budget Control Report for the year of 1973 for the Current Fund was presented for Councl nformaton. Expense Publc Hearng Cty Manager Ford reported that the publc hearng on the proposed conng ordnance had been contnued untl ths meetng but wth the ntenton of havlfg the Councl contnue t agan. After much dscusson, t was decded to contnue sad publc hearng to Thursday, February 28 at 6:30 P.M. n the Cty Hall. t was further decded that f sad publc hearng needs to be contnued agan on that nght, t wll be contnued to Thursday, March 7 at 7:30 P.M. n the Cty Hall. Telephone Clty Mana 8«* F *>rd reported that Mary Maddox had requested the subject ft.t-jl. Servce of Telephone servce n Ocean Shores be dscussed by the Councl and he had nvted Jerry Foy, Manager, Pacfc Northwest Bell, to attend ths meetng. Mrs. Maddox related problems she has had wth her telephone servce. Mr. Foy explaned the cable mantenance problems and stated that hopefully Mrs. Maddox'B servce should now be satsfactory. He further stated hs company desres to gve good servce. Flood Cty Manager Ford read letter receved from the Federal nsurance nsurance Admlnl «trator authorzng the sale of flood nsurance n Ocean Shores under the emergency program effectve February 12, 1974. Letter further stated that durng the frst 30 days cfter a communty becomes elgble for the sale of flood nsurance, coverage can be made avalable mmedately upon applcaton to protect aganst any loss that s not already n progress and after the frst 30 day perod of elgblty, there s a 15 day watng perod after applcaton before coverage takes effect. Letter further stated the Natonal Flood nsurers Assocaton servcng company for ths area s Fremen's Fund Amercan nsurance Companes, 1000 Placa 600 Buldng, 6th and Stewart, Seattle.

47 Master Applcaton for multple parmlta Councl Mnutes, February 19, 1974, Page Two. Cty Manager Ford read latter receved from the Grays Harbor Publc Works Department statng that the Board of County Commssoners desgnated ther department to be the admnstrators of the Envronmental Co-ordnaton Permt; Applcaton. The latter explaned that persona or enttles undertakng projects retrng a multplcty of permts related to envronmental matters has the opton of ether obtanng the necessary permts by master applcaton through ther offce or by electng to obtan the necessary permts on hs own. Letter aleo enclosed master applcaton procedures whch stated that the master applcaton form s to be furnshed to the County Offce by the* Department of Ecology and no other form s acceptable. The procedures also state that no master applcaton shall be processed unless t la accompaned by certfcaton from the local government that the project la n complance wth all zonng ordnances and assocated comprehensve plans admnstered by sad local government. n addton, a statement shall be ncluded as to, Whether or not the project falls wthn the jursdcton of the Shorelnes Management Act of 1971. Cty Corps Mana S er Ford read letter receved from Frederck W. Mueller, Jr., Lt. Colonel, Actng Dstrct Engneer, Department of the Army Seattle Engneers Dlatrlct Cor P 8 o Engneers, 1519 Alaskan Way South, Seattle, 98134, ^* statng t appears the earlest that a constructon contract could be awarded (for the jetty) would be the sprng of 1975. Letter further Stated they wll make a prelmnary nvestgaton,o the eroson condtons and f there appears to be a Federal nterest, n provdng eroson protecton, they wll develop a prelmnary plan and cost for protectve measures and determne f the project appears to be economcally Justfed. They wll then meet wth representatves of the cty, county, and others to outlne ther fndngs and possble courses of acton avalable to the Seattle Dstrct to provde assstance, and the responsbltes, ncludng cost sharng, of local, nterests. BA Ord. Cty Manager Ford reported the BA ordnance s not ready. Ord.#l33 Street Name Sgn Project State Budget Ordnance No. 133, beng an ordnance relatng to taxaton and provdng for the mposton of a specal excse tax pursuant to Chapter 234, Laws of 1967. as amended by Chapter 34, Laws of 1973, 2nd Ex. Sesson, of the Washngton State Legslature, was read by Cty Manager Ford. t was moved by Bolton and Jacobs to adopt the ordnance and all councl members voted aye. Cty Manager Ford asked that the cty be dvded nto quarters for the purpose of nstallng street name sgns and the dvdng streets be Poln Brown Avenue to Tonqun and Ocean Lake Way, After dscusson t was moved by Bolton and Carlston to so dvde the cty and to authorze the Cty Manager to call fot bds on street name sgn materals. All councl members voted aye and the moton carred. Cty Manager Ford remnded the councl members that the O.C.D. State Budget Questonalre s due.

48 Polce Parkng Lot Street* Arport Plan Councl Mnutes, February 19, 1974, Page Three. Councl member Jacobs asked th«councl to look nto the ngress and egress problem at the new polce department offce parkng lot. Suggeston was made to ask the State Hghway Department to help us plan the parkng lot spaces and traffc. Councl member Barchas reported hearng many complants about the condton of the beach approach raod. Queston was asked when s the Water Dstrct gong to repar varous ntersectons? Fre Chef MeDeavltt reported there la a bad holet-at one end of the arport runway. Consensus was to look nto these matter*. Cty Manager Ford read proposed letter to be sent to varous engneers who do arport studes askng f they wll submt a proposal to do an Arport Master Plannng Study for Ocean Shores. t was moved by Lews and Bolton to authorze the Cty Manager to end the letters and all councl member* voted aye. There beng no further busness the meetng adjourned at 9:20 P.M. ATTEST: K. Lews. Mayor Helen Bergan, CttJy Clerk

49 Hopwood Caughay Mlnard Sec.2.30 Sec.2.31 Sec.2.33 PUBLC HEARNG MNUTES February 28, 1974 Contnued publc hearng on the proposed zonng ordnance called to order at 7:30 P.M. by Mayor Lews wth all counc.ll members present. Cty Manager Ford read the followng letters: From Tom Hopwood, owner of Lot 79, Dvson 1, Lot 184, Dvson 2, statng he would lke to see property owners be allowed to leave ther tralers,on ther property durng the summer months. Front Colvn Caughey, owner of a lot n Dvson 16, protestng the proposed hgh densty area east of Ocean Shores Boulevard and adjacent to the commmty pool. From, Ruth Mlnard requestng her land consstng of three parcels between Damon Road and the platted part of Ocean Shores be placed n B~l Retal Busness, The Councl began readng the proposed conng ordnance wth the ntenton of stoppng to dscuss any tem questoned by those present. Councl Member Carlston ponted out that Secton 2.30, beng a defnton of the word "court" had been deleted because Secton 6.22 regardng Courts and Wndows had been deleted and asked should not Secton 2.31, beng a defnton of the words "court heght" be also deleted? Jm Jordan stated f deletng defntons because the subject matter s not n the ordnance text - then delete Secton 2.33 whch s a defnton of the word "dump". After much dscusson t was moved by Harchas and Lews to delete these tems. Moton carred. Sec 2 54 Tn * r * waa much dscusson on Secton 2.54 whch defnes the word "kennel". Dscusson also referred to Secton 6.07 whch specfes the number of household pets allowed. t was moved by Carlston and Jacobs to re-word Secton 2.54 by usng the defnton from the dctonary and to re-word Secton 6.07 by usng the wordng n the covenants. Moton carred. t was moved by Carlston and Jacobs to approve Artcles 1 and 2 of the ordnance and all councl members voted aye. Sec.3.04 After dscusson, t was moved by Carlston and Jacobs to delete Secton 3.04 and all councl members voted aye. Sec 401 t was moved by Lews and Carlston to approve Artcle 3 of the ordnance and all councl members voted aye. After dscusson, Secton 4.01 (c) was deleted by moton of Jacobs and Lews. Sec 4 02 Aft * r dl «cu «* 1 » Secton 402 (d), (e). (f), (g), and (h) were * deleted by moton of Carlston and Lews.

50 Sec.4.05 Publc Hearng Mnutes, February 28, 1974, Page Two. After dscusson, t was decded Secton 4.05 should be clarfed so that t s clear that the Plannng Commsson recommends and the Councl decdes. Sec 4 06 Aft r dscusson, t was decded Secton 4,06 should be rewrtten ' so as to make t clear that R-l uses are permtted n all other cones, that R-2 uses are permtted n all other cones except R-l, that R-3 uses are permtted n all other cones except R-l and R*3, etc., etc., except R-6 whch should only be allowed n R-6. Sec.5.05 Sec.5.07 t was moved by Lews and Jacobs to approve Artcle 4 subject to above correctons and all councl members voted aye. There was much dscusson on Sectons 5.05 and 5.07. t was moved by Jacobs and Harchas to amend both to read "60% of far market value". Hoton carred. t was moved by Carlaton and Jacobs to approve Artcle 5 and all councl members voted aye. t was decded the hour was late so Mayor Lews contnued ths hearng to March 7, 1974 at 7:30 P.M. n the Cty Hall. Lews, Mayor Helen Bergan/ Clerk