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HomeMy WebLinkAboutMinutes 01/05/1988902, I CALL TO ORDER Mayor Pro Tem Stamon called the meeting to order at 7:01 P.M. II SWEARING IN OF NEWLY ELECTED COUNCILMEMBERS Newly elected Councilmembers Sargent, Lemon and Gabriel were sworn in by City Clerk Anderson. III FRANK McPHEE ELECTED AS MAYOR Councilman Gabriel moved that the Mayor be elected openly and by roll call. Councilman Lemon seconded and the motion carried. Mayor Pro Tem Stamon then opened nominations for Mayor. Councilman Gabriel nominated Frank McPhee. Councilman Hesla nominated Jim Hallett. Mayor Pro Tem Stamon asked for further nominations in compliance with Roberts' Rules of Order. There were none. She therefore closed the nominations. For Councilman McPhee, Councilman Gabriel voted "Yes Councilman Hallett voted "No Councilman Hesla Voted "No Councilman Lemon voted "Yes Councilman Sargent voted "Yes Mayor Pro Tem Stamon voted "No Mayor Pro Tem Stamon announced a 4 3 vote, with Councilman McPhee being elected Mayor. �c;��Y`.0 its ^�11�1 rn 1 1M VC -tc .-5 1 r dill Y ✓Ix- ro.). i c_' IV ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, McPhee, Sargent, and Stamon. Members Absent: Staff Present: Public Present: None. CITY COUNCIL MEETING Port Angeles, Washington January 5, 1988 Manager Flodstrom, Attorney Knutson, Clerk Anderson, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, A. Rose, T. Reid, E. Bonollo, K. Maike, D. McGinley, R. French. R. O'Connor, E. Beutler, L. Bryant, T. Smith, R. Hostetler, B. Coons, B. Beverford, M. Campbell, L. Danks. F. P. Feeley, E. Cobumpas, E. Hansen, S. Everett, M. Switzer, Owens, Brewer, M. Greubel, R. Taylor, Mr. Mrs. F. Gabriel, L. Ross, D. Meyer, P. Weiseth, L. Lee, S. Johnson, S. J. Teichner, C. Whidden, J. Hallett, M. L. Lund, R. Pensworth, K. L. Rose, D. Smith, J. Sobeick, H. Berglund, R. Cockrill, L. Fuller, Mr. Mrs. C. Alexander, B. White, D. Cummins, R. Reidel, T. Phillips, B. Philpott, D. Windsheimer, J. Kalapala, L. Dummel, B. LaRue, P. Pane, J. Luttrell, S. Doyle, A. M. Bergstreser, H. F. Johnson, F. M. Paynter, L. Sunny, A. Soldo. V APPROVAL OF MINUTES OF REGULAR MEETING OF DECEMBER 15, 1987 Councilman Stamon moved to accept and place on file the minutes of the December 15, 1987, meeting. Councilman Hallett seconded. Councilman Lemon asked for verification of information on Register Page 897. Review of the tape indicated Councilman Hallett stated: Council would like to express thanks to Mr. Miller and to the Planning Commission and to the Downtown Association for Councilman Gabriel corrected Register Page 896, paragraph 8, changing the word "could" to "should On call for the question the motion carried. VI FINANCE 1. Bid Awarded to Utility Equipment, Inc., for Upgrade of the Sewer Scan Unit Councilman Gabriel moved that the Council concur with the recommendation of the Public Works Department that the bid of Utility Equipment, Inc., be -1- ORDINANCE NO. 2474 1 AN ORDINANCE of the City of Port Angeles relating to method of payment of wages and salaries for City employ- ees, deleting the year -end exception to bi- weekly pay- ments, and amending Section 2 of Ordinance 2430, Section 2 of Ordinance 2431, and Section 2 of Ordinance 2440. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: 1. Section 2 of Ordinance 2430 is hereby amended o read as follows: Section 2 The above wages shall be paid in bi- weekly installments per accounting procedures established by the City of Port Angeles, and shall be paid within five (5) working days after the end of the payroll period, or as soon thereafter, per procedures established by the City of Port Angeles, except- Eke- fiRel-- bi- wee* payment -at- the. aad -of- -t a calendar year, which shall. Jae -paid -en-the- last work. dey-in- eeeember, 4987. Section 2. Section 2 of Ordinance 2431 is hereby amended to read as follows: Section 2. All of the salaries set forth in Schedule A* shall be paid in bi- weekly installments in accordance with proc- edures established by the City of Port Angeles and shall be paid within five (5) working days after the close of the payroll period or as soon thereafter as the established accounting procedure will permit, except -the- lest- 4estell- hier►t• ehall• e-paid -en-the 4es -werleing-dey-4n-Deeernber- 4987. "Schedule A" available at City Clerk's office, 321 East 5th. Section 3. Section 2 of Ordinance 2440 is hereby amended to read as follows: Section 2. All of the wages and compensation shall be paid in bi- weekly installments to be as nearly equal as the established accounting procedure of the City of Port Ange- les will permit, and shall be paid within five working days after the close of the established payroll period for each month during the year, or as soon thereafter as the established accounting procedure of the City of Port Ange- les will permit, •xcept- the iwstellther be ca the test•werking•dayrof-Decembe•a987, Section 4. This ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of December, 1987. Charles D. Whidden, MAYOR ATTEST: Sherri L. Anderson, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: Jan. 8. 1988. ORDINANCE NO. 2472 AN ORDINANCE of the City of Port Angeles reclassifying property located on the north side of West 17th Street, west of "C" Street, from RS -7 to RMF. WHEREAS, the Planning Commission of the City of Port Angeles has held a public hearing and recorded its recom- mendation to the City Council in the Planning Commission Minutes of November 18, 1986; and WHEREAS, the requirements of the State Environmental Policy Act have been met; and WHEREAS, the City Council, after a public hearing, finds that said rezone would be in the best interests of the City and of its citizens and in keeping with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The Official Zoning Map and Ordinance No. 1709 are hereby amended to change the rezoning of the follow- ing described property from RS -7, Single Family Residen- tial, to RMF, Residential Multi Family: Lots 14, 15, 16, and 17, Block 441, Townsite of Port Ange- les, Clallam County, Washington. Section 2. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file a certified copy of this Ordinance with the Clallam County Auditor. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of December, 1987. Charles D. Whidden, MAYOR ATTEST: She ri L. Anderson, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: Jan. 8. 1988. ORDINANCE NO. 2473 AN ORDINANCE of the City of Port Angeles revising the Budget for the City of Port Angeles for the fiscal biennium ending December 31, 1988, and amending Section 2 of Ordinance 2428. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. Section 2 of Ordinance 2428 is hereby amended to read as follows: Section 2. That the following is a summary of the totals of appropriations for each separate fund and the aggregate total for all such funds combined. 1987 1988 Qeoartrpent or Fund Appropriations Appropriations A. General Fund Mayor Council 23,717 23,100 City Manager 103,931 104,612 General Administration 1,077,868 1,314,889 Administrative Services 9'0,438 1,023,176 City Attorney 106,680 101,799 Planning 112,805 119,543 Police 1,827,936 1,699,988 Fire 880,796 869,998 Public Works 524,179 509,368 Parks Recreation 1,134,402 1,203,630 TOTAL, GENERAL FUND 6,762,742 6,970,103 B. Special Revenue Funds Convention Center Street Arterial City Street Revenue Sharing TOTAL, SPECIAL FUNDS REVENUE D. Eilterprise Funds Light Solid Waste Water /Sewer Medic 1 TOTAL, ENTERPRISE FUNDS TOTAL FUNDS Total Expenditures for Basic Accounts: 500 Proprietary Services 510 General Governmental Services 520 Security of Persons Property 530 Physical Environment 540 Transportation 570 Culture Recreation 590 Internal Services Total ATTEST: Sherri L. Anderson, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: Jan. 8, 1988 555,520 1,157,965 144,800 23,715 1,881,990 C. Debt Service Funds 1977 Water Revenue Bonds 94,250 1978 G.O. Bond, Pier 167,013 1985 Bond Fund 311,968 TOTAL, DEBT SERVICE FUNDS 573,231 $19,714,198 1,004,660 1,865,781 154,313 $22,738,952 104,387 1,114,989 144,800 0 1,364,176 93,250 166,570 309,780 569,600 $20,614,459 1,268,152 2,392,307 159,468 $24,434,386 E. Internal Service Funds Equipment Rental 1,077,010 1,040,919 Self Insurance 880,098 911,680 TOTAL, INTERNAL SERVICE FUNDS 1,957,108 1,952,599 F. Trust and Aeencv Funds P.A. Fine Art Center 51,756 51,148 Firemen's Pension 66,601 69,320 TOTAL, TRUST AGENCY FUNDS 118,357 120,468 $34,032,380 $35,411,332 $22,738,952 $24,434,386 3,407,441 3,217,633 2,708,722 2,569,986 731,234 722,161 1,302,765 1,259,789 1,186,158 1,254,778 1,957,108 1,952,599 $34,032,380 $35,411,332 Section 2. This Ordinance shall be in full force and effect after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of December, 1987. Charles D. Whidden MAYOR accepted for upgrade of the sewer scan unit in the amount of $28,844.28. Councilman Sargent seconded and the motion carried. 2. Grant Accepted for Hazard Elimination on Lincoln Street Councilman Sargent moved to concur with the recommendation of the Public Works Department and accept the funding, authorizing the Mayor to sign the municipal agreement for the preliminary engineering phase of this project; further the Public Works Department be directed to consider alternates to traffic flows, including public meetings prior to design or call for bids for the Lincoln Street corridor resignalization project. Councilman Gabriel seconded. For the purposes of discussion, Councilman Sargent seconded. Councilman Lemon questioned staff on the potential for rechan- neling traffic to one -way corridors and wondered about the timing of this grant. Following explanation by Public Works Director Pittis, the motion carried. 3. Bid Awarded to Donald E. Zink, Sr., for Surplus Copper Councilman Gabriel moved to award the bid for surplus copper to Donald E. Zink, Sr., at a price of $1.0819 per pound, upon payment in full after weighing at a certified scale. Councilman Lemon seconded and the motion carried. VII CONSENT AGENDA Councilman Stamon moved to authorize the items listed under the Consent Agenda as follows: (1) Request to declare property surplus CRT Police Department; (2) Correspondence from Washington State Liquor Control Board; and (3) Vouchers of $2,006,269.14 and Payroll of 12 -18 -87 in the amount of $223,279.97 and Payroll of 12 -27 -87 in the amount of $241,225.29. Council- man Sargent seconded. Councilman Stamon discussed with staff the fee for the consultant for the Telecable franchise renewal, and payment for the "E" Street reservoir cover. Public Works Director Pittis then presented information on the status of the project at this point. Attorney Knutson explained that he and Councilman Gabriel had discussed a payment listed on the Voucher Approval List to Olympic Printers, Inc., where Councilman Gabriel was employed. He explained that Councilman Gabriel was employed at a fixed hourly rate and by statute, therefore, not deemed in conflict of interest. However, his vote would be considered an abstention. Attorney Knutson further explained that at a subsequent Council meeting, the Council could consider the City's on -going relation- ship with Olympic Printers as a contractual arrangement, formally acknowl- edging that by a vote of the Council and from then on, Councilman Gabriel's relationship would be on record in the minutes and we wouldn't have to deal with it on each Voucher Approval List. Mayor McPhee stated that would be preferable to him. The motion then carried, with Councilman Gabriel's abstention. VIII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA CITY COUNCIL MEETING January 5, 1988 Leonard Fuller, 420 East llth Street, addressed the Council with his rec- ommendation that the Lincoln School Building be used as a Museum and that the land surrounding that property be used as a recycling center. He commented on the tremendous amount of waste in this country. IX LEGISLATION 1. Settlement of Claim for Damages Caused to City Pier by Navy Tug Collision (Continued from December 15, 1987) Councilman Lemon moved that we approve the claim for damages caused by the Navy tug colliding with the City Pier in the amount of $1,750.78 and that the Council authorize the City Manager to execute the Navy's standard release form. Councilman Gabriel seconded. Following discussion, the motion carried. 2. Park Board Minutes of November 19, 1987 (Continued from December 15, 1987) Councilman Gabriel moved to accept the minutes of the Park Board of Novem- ber 19, 1987. Councilman Lemon seconded. Councilman Stamon referred to an item under late items regarding receipt of the grant for the Waterfront -2- 903 904 CITY COUNCIL MEETING January 5, 1988 Trail. She announced there was going to be a meeting on the Waterfront Trail on January 20th in the City Council Chambers. She encouraged interested members of the public to attend. Councilman Lemon seconded and the motion carried. 3. Discussion of the Following Items as Requested by Mayor McPhee A. Removal of Traffic Bumps from City Streets Mayor McPhee explained that on several of our streets, particularly Lincoln Street, there were 10 -inch bumps. He stated they were very large and there were those who felt they were potentially dangerous. He felt they accom- plished no more than could be accomplished with a 4 -inch button, which was not dangerous. Councilman Lemon, for the sake of discussion, moved that traffic bumps of this nature be removed from City Streets. Councilman Sargent seconded. Councilman Sargent asked how much this would cost. Public Works Director Pittis did not know specifically. He stated in June of 1986, Public Works f had prepared an estimate of $1,200 for the removal of the bumps on Lincoln Street. He explained the bumps e removed, using a grader and that they had been applied with epoxy; therefore, portions of the pavement would come off as the bumps were removed. He stated over a period of time, this would have to be repaired and repainted. Councilman Gabriel briefly discussed procedure with Attorney Knutson. Councilman Lemon provided information that the State was removing this type of button because they were destroying equipment such as snow plows, etc. He felt these bumps made the lanes extremely narrow on Lincoln Street. Upon inquiry by Councilman Gabriel, Public Works Director Pittis explained that his Department had discontinued use of the bumps, and was planning to phase out therem of the buttons as time went on. He stated generally in the industry they had been removed during projects, such as repaving. He stated that Lincoln Street had been scheduled by the State in 1988 -89 to remove the asphalt and resurface the area. He stated the Department had figured they would do it then. He further stated if the Council desired that the buttons be removed, that could be done. Council and staff further discussed the issue, with staff providing addi- tional information that there were other types of devices now available which were better suited for that need. Public Works Director Pittis provided information on the location of the bumps; that they were on Lincoln Street from First to the 8/9 alley; Race between Front Street and the 1/2 alley. He stated that this time of year it would be difficult with the epoxy and the cold weather and that the street would have to be heated. Following additional discussion at some length, the motion failed, with Councilman Gabriel voting "Aye" and Councilmembers Lemon, Sargent, Stamon, Hallett and Hesla voting "No B. Voting No Longer By Written Ballot Councilman Lemon moved that we remove all voting from the secret ballot and go to either a roll call vote or a show of handsx He so moved, for the sake of discussion. Councilman Sargent seconded. Upon inquiry by Council- man Stamon, Councilman Lemon confirmed that his intent was that Councilmem- bers would make nominations. The motion carried, with Councilmembers Stamon, Sargent, Lemon and Gabriel voting "Aye" and Councilmembers Hesla and Hallett voting "No Attorney Knutson explained that this decision would result in the need to amend the Resolution establishing the Council rules of procedure and that this Resolution would be brought back to the Council at the next meeting. C. Access to Tapes of Previous City Council Executive Sessions Current Practice Upheld Councilman Lemon moved that City Councilmembers have access to all public records, including previous tapes and minutes, unless prohibited by law. Councilman Gabriel seconded. The Council discussed the issue at great length. The motion failed, with Councilmembers Gabriel and Lemon voting "Aye" and Councilmembers Sargent, Stamon, Hesla and Hallett voting "No Councilman Stamon hoped that if there were any issues of concern to members of the Council that had to do with actions taken in executive session, it would be perfectly appropriate for that item of concern to be brought before the Council. The Council then could go into another executive session and again review the tapes on that particular issue. Further discussion ensued briefly. D. Mechanized Garbage Collectors to be Labeled Councilman Stamon moved that the Council direct staff to prepare some estimates on costs that would be involved in labeling mechanized garbage containers. Councilman Sargent seconded. Councilman Sargent felt the labels should state that violators would be prosecuted. She asked the City Attorney if that would be appropriate. Attorney Knutson stated that staff should prepare estimates and suggestions for specific wording. The motion carried unanimously. E. Term of City Manager Contract Manager Flodstrom distributed copies of the Memorandum of Understanding to the Council. Mayor McPhee stated the only thing he had an objection to in the contract was that it had a specific term and he felt that was in violation of law. Councilman Sargent moved to postpone decision on this matter until the next meeting, taking the time to read this through and discussing it then, possibly amending it or correcting it. Councilman Stamon suggested staff prepare amended wording for Section 4 for the Coun- cil's consideration. Mayor McPhee felt that was reasonable. Councilman Lemon seconded the motion which carried, with Councilman Hallett voting "No F. Discussion of Items Within the City Budget CITY COUNCIL MEETING January 5, 1988 Council and staff discussed the issue. Attorney Knutson recommended that if these discussions resulted in large -scale budget revisions that the Council go back through the public hearing process. He defined significant change. Councilman Lemon stated he would like to discuss an item concern- ing the City Light Department and the reserves that were going to be set up for the new building to be built at the Corporation Yard in the amount of approximately $670,000. He then moved that this item be brought up for discussion at the City Council meeting. Councilman Sargent seconded. Councilman Stamon requested this discussion be delayed until the next Council meeting to enable her to review her budget information. She stated she did not have her budget at tonight's meeting. Following discussion, Councilman Lemon concurred that discussion of this item take place subsequent to receipt of more information from staff. The motion carried unanimously. Mayor McPhee asked if any Councilmembers had objections to him bringing up items from the budget he would like to discuss. Councilman Stamon noted concern that the Council had nothing before them that indicated what those were and she had not come prepared tonight to discuss specific items. She asked that if there were particular items that needed to be discussed, that Council could receive some kind of information prior to doing that. Councilman Sargent stated that if there were items to be discussed on the budget, she would like to see a comparison of previous years and actual expenditures. Manager Flodstrom stated that a spreadsheet was underway. Upon inquiry, Councilman Sargent specified that she was referring at this time only to items that might be brought up for discussion by the Council. She stated she would like to have something of this nature worked up for the entire budget prior to next year's budget session. Councilman Lemon instructed staff to review expenditures in travel, member- ship, education, specifically account numbers 4310, 4901, 4910, and 4920; a comparison for 1983 and 1988 for all the Departments. Manager Flodstrom stated there were some line items and FPCs for those items in the Utilities and that he would provide information on those, as well. Mayor McPhee instructed staff to provide for the next meeting information on the Hotel/ Motel expenditures and the phone bill for the Water Department. He stated that amount was $11,000 per year and that one year ago when he discussed that matter with staff he was told that staff was working on reducing that amount. He stated he had spoken with ex- Councilman John Hordyk regarding the possibility of still providing the information from the Raney wells much less expensively. 905 906 CITY COUNCIL MEETING January 5, 1988 Manager Flodstrom explained that Public Works Director Pittis had touched on that briefly during budget presentations and offered that he provide information tonight. Mayor McPhee felt this information could be provided at the next meeting in packet form. Councilman Hallett was concerned that we were starting all over again, discussing these items after the substantial amount of time devoted to the initial process in adopting the budget. Councilman Gabriel stated, as a new Councilmember, he had taken a look at these budgets and that he was not going to be able to spend all of his time reviewing and taking a look at all the budgets and the past budgets. He stated as these things come up, he would like to have an opportunity to pursue the facts and bring these before the Council. Mayor McPhee assured him he would. Manager Flodstrom recapped the Council's instructions with Mayor McPhee clarifying that the information submitted on Hotel /Motel tax be for the period from 1983 to 1988 as well. 4. Preliminary Revisions to Animal Control Ordinance Defined Councilman Lemon stated his main concern was that the ordinance was mixing vicious animals and potentially vicious animals with the general public and their little Chihuahua or poodle. He suggested consideration of establish- ing the property line as the boundary for the general pet being let outside and momentarily unattended. Attorney Knutson stated that could be accom- plished by leaving that portion of the ordinance as is and not passing the previously proposed revision. Manager Flodstrom suggested a triggering mechanism where a certain portion of the ordinance comes into effect. Mayor McPhee suggested dealing with dogs and cats in separate ordinances. He also had a problem with the further restriction of the area for horse- back riding was allowed. Following discussion, Councilman Stamon moved to accept recommendations in Items 2, 3 and 5, as follows: (2) Redraft definition of "wild animal (3) Make the provisions concerning cruelty to animals Class I or II misdemeanors; and (5) Eliminate the requirement that an owner carry insurance for potentially dangerous animals. Councilman Lemon added a friendly amendment, adding a triggering device. Councilman Stamon felt that was a very good idea. Councilman Lemon then seconded the motion. The motion carried unanimously. Councilman Stamon noted that this information would be coming back before the Council for a public hearing on the 19th of January. 5. Conditional Use Permit Approved Independent Bible Church Councilman Lemon abstained due to conflict of interest, as he is a member of Independent Bible Church. Councilman Gabriel announced that he was not a member of the Church, although he had attended, and that he would abstain if any objections arose. No objections arose. Following distribution of background information by City Planner Carr and upon request by Councilman Gabriel, Public Works Director Pittis provided information and a drawing on proposed solutions to traffic impacts in the area. Manager Flodstrom announced he had been approached by several of the neighbors who did not have an objection to the Church going in but were very concerned about traffic impacts. Council and staff discussed the issue at some length. During discussion, Councilman Sargent noted concern over the narrowness of the road and the impact of 900 Church members using that road. She felt the speed limit should also be addressed, possibly decreasing it to 25 miles per hour and caution signs could be installed. Upon inquiry by Councilman Sargent, City Planner Carr stated that a public hearing with the Board of Adjustment was scheduled for Monday, January 11, 1988, to address the request by the Church for a variance for an oversized sign. Council discussed with staff the possibility of trading property with Mr. Hofrichter in exchange for right -of -way for the purpose of widen- ing Ahlvers and Laurel. Following discussion, Councilman Sargent moved that we approve the Condi- tional Use Permit with the added requirement that they cannot proceed until we acquire a 30 -foot right -of -way on the Hofrichter property and at that time the City could widen both Ahlvers Road and Laurel Street, which would significantly reduce the traffic hazard. Councilman Stamon seconded, with the understanding that the motion was to include the following conditions: (1) The west 30 feet of the property be dedicated to the City as street right -of -way and the parking lot layout be redesigned to permit future CITY COUNCIL MEETING January 5, 1988 driveways on said Laurel Street extension and the removal of the western- most driveway on Ahlvers Road, in order to reduce future traffic hazards near the intersection of Ahlvers Road and Laurel Street, distribute the traffic impacts over a larger portion of the site, and provide access for future residential areas to the south and west; (2) The building be set back 35 feet from all property lines. The 10 parking spaces in the north- east corner abutting the east property line be removed, or moved westward 10 feet and a landscape buffer that provides a visual screen in the form of a hedge that could grow to 6 feet be planted to make the proposed use more compatible with the residential development to the east; (3) The applicant shall post a bond to assure that paving of the parking lot occurs within one year after completion of the structure, pursuant to the provisions of Section 15(2) of the Parking Ordinance (Ordinance No. 1588, as amended); provided, however, that temporary all- weather access shall be provided prior to occupancy to allow access to the church for fire and other emer- gency vehicles; (4) The applicant shall post a bond for improvement of Ahlvers Road to curb and gutter on the side abutting the subject property within one year of completion of the structure; (5) The applicant shall post a bond to ensure the installation of landscaping within one year of the completion of the structure. Landscaping on the east side should include shrubs and trees, such as azaleas, rhododendrons, pines, and flowering deciduous trees to make the church more compatible with the residential developments to the east and ameliorate the potentially detri- mental impacts of activity and noise on those residences. Shrubs and trees should also be used in the buffer areas around the perimeter of the site in order to provide some screening of the parking lot for the adjacent resi- dential areas. The landscape plan shall include type, size, number, and location for all plants and method of irrigation and be submitted by March 1, 1988, or with the building permit application, whichever comes first; (6) All security lighting shall be directed away from the surrounding properties; and (7) Prior to proceeding with the project, the City has to complete successfully negotiations with Mr. Hofrichter for acquisition of the 30 feet of right -of -way on Laurel Street. She added that we cite the following findings: (A) Provided the above conditions are attached, the proposed use can be compatible with the residential district; (B) Provided the above conditions are attached, the proposed use will not introduce detrimental impacts to the abutting residential areas; (C) The proposed use meets the minimum standards for churches in the RS -9 District, is located adjacent to an arterial which provides adequate access, and is in a resi- dential area, which provides convenience for people of the community; thus approval meets the public use and interest and is consistent with the Zoning Ordinance. Mayor McPhee discussed with Planner Carr plans for paving and landscaping the facility. Mayor McPhee asked Independent Bible Church's pastor if there would be difficulties with delay of this. The pastor responded from the audience that the Church was most anxious to proceed. Mayor McPhee asked if the Church would object to asking its members not to use Laurel Street. A member of the audience objected to the questioning. Attorney Knutson explained that the Council could ask questions of any member of the audience of an informational nature. He further stated that these should be questions that staff was unable to answer, something not debatable by anyone else in the public, and that would be purely within the realm of knowledge of who the Councilmember was asking the question. Attorney Knutson further explained that the objection was well taken; that the public hearing process had occurred and debatable issues should not be discussed by members of the public or the developer and a specific question asked by a member of the Council should not be used as a means of getting around that due process. Councilman Gabriel asked what the time frame would be in acquiring this right -of -way. Public Works Director Pittis responded at the worst, this process would probably take two months. Councilman Gabriel felt IBC should not be penalized for a long -term problem that had existed with the bottle -neck on Laurel Street. He felt delays would be costly. Councilman Stamon added that we instruct staff to proceed with this as expeditiously as possible, realizing that time was of the essence, and that they complete this within a three -month period. She then spoke in support of the motion. Councilman Sargent concurred. On call for the question, the motion carried, with Councilman Gabriel voting "No Councilman Gabriel reiterated for the record that it seemed we were penal- izing a church here for an on -going problem that had been in existence for a long time. He disagreed with the delays that we were going to put on this project; that it was going to become very costly. 907 908 CITY COUNCIL MEETING January 5, 1988 BREAK Mayor McPhee recessed the meeting for a break from 9:30 to 9:45 PM. 6. Request to Amend Zoning Code to Allow Senior Citizen Apartment Complexes in Single Family Residential Districts as Conditional Uses Referred to Planning Commission Upon inquiry by Councilman Lemon, Attorney Knutson recommended that ques- tions have to do with proposals to initiate an amendment to the Zoning Code in general. He urged Council to steer away from questions directed at the specific developments that are being proposed because if the Zoning Code is amended, then those proposals would be coming back to the Council at some future date and would probably have to go through a public hearing process. Councilman Lemon discussed with Planner Carr the three -month review period. Attorney Knutson mentioned that the possibility had been discussed with the developer and his attorney of the conditional use permit process proceeding in anticipation of the amendment to the Zoning Code, in light of a deadline for a proposed project of April 1, 1988. Councilman Stamon noted the anticipation of the Zoning Code amendment was on the part of the developer, not the City. Following further extensive discussion of the process, Councilman Stamon moved that we accept the recommendation of staff and request the Planning Commission to investigate the regulation of boarding homes and elderly care facilities in the Zoning Code accepting the time frame of the Planning Director. Councilman Lemon seconded, amending it that considering this situation and the time frame involved, this take priority over bed and breakfast and that type of thing. He stated we were not pressed with something concerning bed and breakfast at this time. Councilman Stamon accepted that as a friendly amendment. She did ask that we consider these on an individual basis. She did not want us to get in the situation where we were running around, putting out spot fires and lost the whole town to a forest fire. Councilman Hallett echoed her concern, stating he felt the proposed project was an excellent project, but that he was concerned that you subrogate part of the planning process when you start making exceptions. He stated from a pragmatic point of view, if you do this and you have if Mr. John Average Citizen has something that he feels is equally important, he or she ought to be afforded the same opportunity to come before Council for matters that they deem to be every bit as important as the applicants do in this case. He stated that being consistent with this type of thing was the key. He stated we have to treat everybody fairly and equitably. He wanted to do everything to help projects of this nature, but at the same time we would need to buy off on doing this for everybody every time, no exceptions. Councilman Stamon did see a difference in this particular situation, as the Planning Commission was not currently involved in reviewing the Zoning Code, so there was a break in the process, so the Planning Commission was not being asked to set aside work they were currently involved in. Mayor McPhee stated this involved senior citizens and retirees and expe- ditious treatment of this situation might indicate to those entrepreneurs and organizations that are involved in providing services to retirees that they might look more favorably on this area if they were looking at areas in which to locate new branches or new facilities of their service. He felt that we all wanted the benefits of an enlarged retirement community here. Councilman Hallett had a problem with that kind of comment. He felt that was the kind of thing we wanted to avoid and that the Mayor was differen- tiating between projects and saying that for projects of this nature we were going to send a message out that they would be given preferential treatment. He felt that would be unfair to this applicant, as well as future applicants, if that was the sentiment of this Council. The motion then carried unanimously. It being after 10:00 P.M., Councilman Hallett moved to continue with the ac}enda. Councilman Stamon seconded and the motion carried. CITY COUNCIL MEETING January 5, 1988 7. Individuals Appointed To Civil Service Exam Interview Panel for Police Clerk /Dispatcher Councilman Lemon moved to approve the interview board for Police Clerk/ Dispatcher as follows: Sandra K. Asbe, Human Resources Assistant, City of Port Angeles; Marjorie Upham, Director of Personnel and Risk Management, Clallam County; LaDonna Zavala, Clerk /Dispatcher, Washington State Patrol. Councilman Sargent ea-r-ried and the motion carried. 5Qc 1CiecH tkZ ti 8. Proclamation United Cerebral Palsy Week Mayor McPhee proclaimed January 27th through 24th, 1988, as United Cerebral Palsy Week. 9. Ed Watson Inquiry Regarding Annexation Referred to Planning Department Manager Flodstrom Provided Information on a letter received from Ed Watson which he stated Mr. Watson had brought to him because he was interested in doing something that the Council had expressed interest in at the time the Council set its Goals and Objectives, which was to provide a facility in or near the community which would meet the needs of some of the teenage popu- lation in terms of providing an activity center for teenagers. He ex- plained that Mr. Watson had difficulty in that he does need access to the sewer. He stated he was located just across Bean Road from the City limits and the City's long- standing policy was not to extend utility services outside the City and the method for this in the past had been to go through the annexation process. Planner Carr then outlined for the Council the process that would be needed for annexation. City Planner Carr further explained that in order to annex, Mr. Watson would have to present a letter to the Planning Commission with a petition and that forms were available in the Planning Department. He offered to meet with Mr. Watson in order to pursue it and provide him with the applications and information. Following quite extensive discussion, the Council concurred to refer the matter to the Planning Department. 10. Police Chief Authorized to Sign Memorandum of Agreement with Olympic National Park for Mutual Aid for Law Enforcement Councilman Hallett moved to authorize the Chief of Police to sign the Memorandum of Understanding between Port Angeles Police Department and Olympic National Park and the United States Department of the Interior for mutual law enforcement aid. Councilman Hesla seconded. Councilman Sargent supported the motion. The motion carried. 11. City Council Workshop Scheduled to Discuss City Council Committee Assignments and Needs, etc. The Council scheduled a work session for January 13th at 5:30 P.M. Manager Flodstrom stated he would contact Councilmembers to confirm the time and location of the meeting. Council directed the City Manager and City Attorney to be present at that meeting. 12. Scheduling Review Dates for City Council's Capital Improvement Plan The Council concurred with Manager Flodstrom's recommendation that these dates be established at the January 13th work session. X LATE ITEMS Councilman Stamon drew attention to items in the Information Agenda, specifically a letter to the Downtown Association regarding Park Department involvement in Downtown landscaping. She thanked Scott Brodhun for the letter of assurance to the Downtown Association. She also referred to a letter circulated to the Council from the EDC, a letter to Brian Boyle from DNR with respect to a proposal to remove 25,000 acres from harvestable timber in the Clearwater block. She stated this did not specifically address the City of Port Angeles except as a peripheral impact on the logging industry and the subsequent impact on the City of Port Angeles. She stated they suggested if the City had concerns that possibly we could ask staff to prepare a letter speaking to that issue for the Mayor's signature to our representatives and Brian Boyle so they were aware that we, as the City of Port Angeles, had shared concerns as presented by EDC. She then moved to direct the preparation of a letter expressing concerns -8- 909 910 CITY COUNCIL MEETING January 5, 1988 along the lines raised by EDC with respect to the removal of these acreages. Following brief discussion, Councilman Lemon seconded and the motion carried. Councilman Sargent announced that as the result of several requests, the Retired Senior Volunteer Program will be providing an information desk in the City Hall, similar to the one they have in the Courthouse. She stated it would probably be a few months before they could schedule the staffing of that, but it would be set up. Mayor McPhee announced he had just been given a Certificate of Appreciation from the Olympic Babe Ruth League to the City for its cooperation and development of betterment of youth through the baseball program and the Babe Ruth League. XI ADJOURN TO EXECUTIVE SESSION The meeting was recessed for approximately 5 minutes and then adjourned to executive session for approximately one hour for the purpose of discussing two items of litigation and one item of potential litigation at approxi- mately 10:38 P.M. XII RETURN TO OPEN SESSION The meeting returned to open session at 12:02 A.M. XIII ADJOURNMENT The meeting was adjourned at 12:04 A.M. Clerk Mayor