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HomeMy WebLinkAboutMinutes 03/15/1988I CALL TO ORDER Mayor McPhee called the meeting to order at 7:03 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Port Angeles Assembly #33, Order of Rainbow, with Assistant Mother Advisor Sheila Smith, Vicki Rivera, Nicki Brown, Amber Blakesley, and Becky Ledgerwood. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, Sargent, Stamon. Members Absent: Staff Present: Public Present: V FINANCE None. CITY COUNCIL MEETING Port Angeles, Washington March 15, 1988 Manager Flodstrom, Attorney Knutson, Clerk Maike, P. Carr, M. Cleland, R. Orton, J. Hicks, L. Glenn, J. Pittis, D. Wolfe, M. Brown, L. Danks, B. Coons, S. Hardy, T. Smith, M. Horton. E. J. Main, R. Britton, M. S. Taylor, M. Ost, V. Murray, C. Rowland, J. Stanford, S. Treat, P. Filler, S. Keys, I. J. Rexroat, S. Lewis, J. Lacey, J. Umbehocker, G. Dollar, N. Wippel, E. Tuthill, R. R. Wight, R. Reidel, L. K. Rose, L. Lee, D. Rudolph, S. Boyd, J. Gruver, C. Leffingwell, G. Witherow, L. Torres, J. Smith, D. Wood, E. Colompos, L. G. Doyle, L. Sunny, H. Berglund, M. Merrick, D. P. Brewer, D. Alwine. IV APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 1, 1988, AND CIP WORKSESSION OF MARCH 8, 1988 Councilman Sargent moved to accept and place on file as received the minutes of the March 1, 1988, City Council meeting. Councilman Hesla seconded. Councilman Stamon offered a correction to Register Page 963, Paragraph 17, adding to the end of the sentence: "Councilman Hallett asked the Councilmembers provide written information on proposed changes prior to the meeting On call for the question, the motion carried. Councilman Hesla moved to approve and place on file the minutes of the March 8, 1988, C.I.P. Worksession. Councilman Lemon seconded and the motion carried. 1. Request for Payment to Riddell, Williams of $27,476.22 for Legal Representation on WPPSS Issues Councilman Lemon moved Council authorize payment of the February 19th and 23, 1988, and March 1, 1988, Riddell, Williams bills in the total amount of $27,476.22. Councilman Sargent seconded. Councilman Gabriel requested that some concerns he has regarding insurance issues be brought up in the next executive session. Attorney Knutson said they could be addressed and he would schedule it for the next executive session. On call for the question, the motion carried. 967 968 CITY COUNCIL MEETING March 15, 1988 VI CONSENT AGENDA Councilman Hallett moved to accept the items listed under the Consent Agenda including: (1) Request permission to call for bids for Water /Sewer Utility materials (pipe, hydrants, fittings and meters); (2) Request permission to call for bids for relocation of electrical systems on Golf Course Road (necessary prior to roadway improvement project); (3) Corres- pondence from Washington State Liquor Control Board; and (4) Vouchers of $231,380.89 and Payroll of 3 -11 -88 of $233,702.79. Councilman Lemon seconded. Councilman Stamon, referring to Item No. 2, asked if there were qualified local contractors that could perform the work, or it if was a specialized field that the City would have to go outside to fill. Light Director Orton responded that City Light intends to invite bids from anyone who may be interested. Councilman Stamon asked if this was normal procedure. Director Orton said that in projects over $15,000, State law requires that the City go through the bidding procedure, and that it is typical. Mayor McPhee asked about the cost difference, if any, of undergrounding the electrical lines. Director Orton stated that it is more expensive, but he did not have the exact figure. Mayor McPhee requested that Council con- sider the option of undergrounding the lines because of the beautiful view. Councilman Lemon requested that the Light Department get two bids: One for underground services and one for overhead; so that Council could see the cost difference. Director Orton stated that they could, and often do, provide alternative bids. Council decided to go ahead and call for bids on both alternatives. On call for the question, the motion carried, with Mayor McPhee abstaining on Item No. 3A, on the appearance of fairness. VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Dennis Alwine, 519 South Peabody Street, spoke to the Council regarding the Peabody Street property and an offer that he had brought to the Council for consideration. He asked that Council allow him to speak on this item in the executive session. Councilman Stamon asked Attorney Knutson's comments on the appropriateness of inviting Mr. Alwine into the executive session, and also to go over the items regarding real estate transactions that can and cannot be discussed in executive session. Attorney Knutson stated that the Council could consider the acquisition or the selling price of a piece of property in executive session. The Open Public Meetings Act does not specify whether or not the Council can have professional advice also present in the executive session. Further, he stated he felt that the Council could choose to have its own real estate broker present to advise Council in executive session, but that Council should make sure the broker has only the best interests of the Council at heart and that he is working only for the Council. Mr. Alwine stated that his fiduciary responsibility was to the City. Councilman Stamon asked if Council did agree to meet with a broker who had brought a buyer to the City, would Council need to have a formal written contract cementing the relationship between the broker and the City or was a verbal agreement sufficient. Attorney Knutson responded he felt it would be sufficient to have an oral arrangement. Mr. Alwine stated that his broker's fee is negotiable and understands that the City will be in a negotiating situation. Councilman Lemon asked Attorney Knutson if it was possible for Mr. Alwine to be present at the beginning of the executive session so that he could present his offer. Attorney Knutson said that is possible. Mayor McPhee asked Mr. Alwine if he would like to meet with the Real Estate Committee. Mr. Alwine felt that it would be in the City's best interest, but he stated that he had said those things that needed to be said. -2- Mayor McPhee requested Council make a decision as to whether or not Mr. Alwine would be permitted to speak to the Council in executive session. Council decided to let Mr. Alwine address the issue during the executive session. VIII LEGISLATION 1. Presentation by Councilman Gabriel of Award from BPA to City Super Good Cents Award On February 22, 1988, Councilman Gabriel, on behalf of the City Light Conservation Division and the City of Port Angeles, accepted an award from BPA for having 74% of all electrically- heated homes in Port Angeles built in 1987 meet the Super Good Cents energy efficient standards. This is the highest percentage of Super Good Cents homes certified region -wide in utility service districts having 11 to 100 housing starts in 1987. Coun- cilman Gabriel gave special thanks to the City's technical representative, Mike Brown, and Conservation Manager Sheila Hardy for the tremendous job they've done in promoting the Super Good Cents Program. Manager Flodstrom, in keeping with the award, asked Council to recognize the builders that have agreed to participate in this program and stated that in future meetings, City Light would bring items to the Council that would allow Council to recognize builders in our community that have made this award possible. 2. Presentation to James Rexroat for Service on the Board of Adjustment Mayor McPhee presented Mr. Rexroat with a plaque for his 15 years of service to the City and thanked him for his dedication. 3. Citizens' Group Request to Study Pet Population Mayor McPhee asked if there was any problem in implementing such a com- mittee. Manager Flodstrom stated he did not foresee any, and that it is a problem that has been talked about in the past and that Kathryn Holl, a representative for the group, was available to address the Council. Councilman Hallett invited Ms. Holl to speak. Kathryn Holl, 609 East llth Street, gave a short presentation to Council on the advantages of having spay /neuter and humane education programs so that citizens will become more responsible pet owners, citing that these are long -range solutions to the problem of pet over population. She requested that a citizens' group be formed to study this issue and come up with recommendations for long -term solutions and that Council make this a budgetary item on the 1988 -89 budget. The following people have agreed to participate in this committee: Kathryn Holl, Gene Beddinger, Carol Skrysak, Shauna Boucher, Karen Olmstead. Councilman Hallett volunteered to serve as the Council's representative on the committee. After further discussion on the matter, Councilman Stamon moved that Council direct the Mayor to appoint the five people to the Committee and also Councilman Hallett, to study the issue and come back to the Council with recommendations on methods for reducing the unspayed and unneutered pet population. Councilman Hallett seconded. Councilman Stamon also offered an invitation to anyone else who would be interested in serving on the committee to do so. Councilman Lemon asked that Ms. Holl involve the County also. Ms. Holl replied that she would be taking the findings of the study to the County, as well. On call for the question, the motion carried. 4. Public Hearings CITY COUNCIL MEETING March 15, 1988 A. Consideration of Adjustments to City's Sewer Rates in Preparation for Secondary Treatment Finance Director Wolfe summarized the need for a rate increase to off -set the cost of the Secondary Treatment facility: (1) Consent decree with the 969 970 CITY COUNCIL MEETING March 15, 1988 Federal government, signed in October, 1987, to build the secondary treat- ment plant; (2) The City has obtained a commitment from the Federal govern- ment for 50% of grant funding; (3) Delayed compliance date of 1993; (4) Build a "sinking" fund to off -set cost. Director Wolfe explained that without the fund the sewer rates would be approximately $41 per month, as opposed to the target of $25 per month in 1993. At the end of 1988, the additional revenues brought about by the $3 rate increase should be approximately $400,000. These moneys will be set aside in the "sinking" fund and will be used solely to pay for the construction of the secondary treatment plant. Director Wolfe further stated that there will be a need to increase the sewer rate each year until the City reaches the projected $25 per month flat rate in 1993. At that time, it is expected there will be no need for any further increases. Councilman Gabriel asked Director Wolfe if the rate of $25 was expected to decrease after 1993. Director Wolfe replied that due to the cost of operating the secondary treatment plant, as well as the rate of inflation, the projected rate of $25 will not decrease. Councilman Gabriel inquired as to the difference in cost of operating our present primary plant as opposed to the secondary treatment plant. Public Works Director Pittis replied that the cost involved in operating the secondary treatment plant was approximately four times greater than the present primary plant because of the more complex operation involved; i.e., disposal of sludge, cost of power. He further stated that the City is currently pursuing other ways to help cut down the City's costs. Councilman Stamon asked that Public Works Director Pittis reiterate why the City must build a secondary treatment plant. Director Pittis stated the reasons to be that the City is under orders by the Federal Court to have the secondary treatment plant in operation by April, 1993, in accordance with the Federal Clean Water Act. Councilman Hallett pointed out that part of the rate increase would come regardless of the secondary treatment plant, as the City has not had a cost -of- service study done recently. Finance Director Wolfe commented that the City has not had a regular sewer increase for some time and the City is avoiding that because of the need to increase the sinking fund. He further stated that next year, the rate schedule will be based entirely upon a cost -of- service. Following further discussion, Mayor McPhee opened the public hearing. Carl Alexander, 1712 West Fifth Street, wondered if the $3 increase to residential customers had a corresponding increase to commercial users. Finance Director Wolfe replied that there was. Mr. Alexander felt that it was important for both commercial and residential customers to bear the cost and asked Council to consider a more equitable manner in assessing the commercial customers. He stated that commercial users are assessed on an amount used basis; whereas residential users are assessed an amount used basis, as well as a flat fee. He felt that commercial users, too, should be charged a flat fee. '4 Public Works Director Pittis commented that the rate for commercial accounts is a flat rate of $2.37 per month plus 69 per cubic foot of water consumed, which reflects a 30% increase in the rate schedule. He further stated that in the future, the City hopes to have a commodities schedule available for residential accounts, also. Councilman Hesla asked that there be a factor built in for the fixed income seniors, much like the Senior Energy Credit Program that the City currently uses. Director Pittis replied that this currently is being done. Council- man Hesla asked if these rate increases would be felt by the fixed income seniors. Manager Flodstrom stated that as the rate increases, the amount for the energy credit allocated to senior citizens also increases. Marvin Merrick, 615 West Eighth Street, stated his feelings regarding the low- income customers in the City. Mr. Merrick is an apartment owner and feels that people who live in apartments should not have to pay the same rate as people who live in houses. Mr. Merrick urged the Council to consider the low- income customers and their inability to pay rate increases. -4- Russ Treat, 2184 West Fourth Street, asked how many rate payers are in the City. Public Works Director Pittis replied there were 5,000 to 6,000 sewer accounts. Mr. Treat commented that 6,000 customers times $25 per month would equal $150,000 per month and wondered if it was going to cost that much, plus 30 to operate the secondary treatment plant. Finance Director Wolfe stated that the cost projection was based upon the average cost of other communities of similar size to operate secondary treatment plants. The projected cost to operate the plant is $1.8 million a year. Donald E. Rudolph, 431 East Fifth Street, voiced his concern about the rate increase and thought that the cost sounded a little ridiculous. Paul Cronauer, 1936 West Fifth Street, urged the City to work closely with ITT Rayonier in building the secondary treatment plant if it was, in fact, an option. Councilman Hallett stated that the consultant for the City is looking into this possibility very closely, and stated the Council is looking for ways to implement secondary treatment with the lowest amount of impact possible to the rate payer. Councilman Sargent asked if the money in the sinking fund was being in- vested. Finance Director Wolfe stated that the funds were being invested so that the City would be making money along the way. Mayor McPhee then closed the public hearing and read the Ordinance by title, entitled ORDINANCE NO. 2482 AN ORDINANCE of the City of Port Angeles, Washington, revising sewer service rates and amending Chapter VI of Ordinance No. 2394 and Chapter 13.65 of the Port Angeles Municipal Code. CITY COUNCIL MEETING March 15, 1988 Councilman Stamon moved to adopt the Ordinance as read by title. Council- man Hesla seconded. For a point of clarification, Councilman Gabriel asked Public Works Direc- tor Pittis if commercial accounts were metered. Director Pittis stated that they were. Councilman Gabriel asked if residential accounts will be metered next year also. Director Pittis replied that it was an option to be explored with the UAC and the Council. Councilman Stamon noted that it was the recommendation of the Utility Advisory Committee to proceed with the increase. She then reiterated that between now and next year, several things would be happening: (1) Better understandings, based on engineering data, on the cost of construction; (2) Possible intertie with the ITT facility resolved; (3) Rates based on con- sumption of water to be studied by the UAC. On call for the question, the motion carried. Councilman Stamon noted that the new rate would go into effect April 1, 1988, and asked that staff send out a public notice so that customers are aware of the increase and why. Councilman Sargent stated that the increase would be published in the April issue of the City Newsletter. B. Bed and Breakfast Consideration of Amendment to Zoning Ordinance Planner Carr gave a brief overview as to why such an amendment was being proposed, and cited the key features as (1) Bed and Breakfasts are con- ditional uses in all residential districts; (2) The Planning Director is authorized to conduct the public hearing; (3) Appeals of the Planning Director's decision are made to the Council; (4) The larger the bed and breakfast, the larger the property that is required; (5) Bed and breakfasts may have more than one non family member employee; (6) The structure must be residential in characther; and (7) Bed and breakfasts can have signs that are larger than single family residences, but they must be indirectly lighted. -5- 971 972 CITY COUNCIL MEETING March 15, 1988 Councilman Lemon asked Planner Carr how the size and area requirements came about in regard to the activities and /or facilities allowed, as he felt that not many bed and breakfast facilities would be built on one acre in the City of Port Angeles. Planner Carr replied that the format of increas- ing lots had come from other communities and the specific sizes proposed in the ordinance were adapted to this community. He further stated that there had not been a formal survey done, but that the ordinance was based upon the likely size of houses and yards that people have in this town. Coun- cilman Lemon felt that the Ordinance was too restrictive in this area. Following further discussion, Mayor McPhee opened the public hearing. Susan Boyd, 325 East Sixth, owner of Bennett House Bed and Breakfast, spoke in favor of the Ordinance, stating she was pleased by the outcome and that the Ordinance covers the safety regulations required by the City, as well as what is important to the bed and breakfast industry. She said the Ordinance meets everyone's standards. Councilman Lemon asked Ms. Boyd how she felt about the lot size require- ments and regulations concerning outside activities. Ms. Boyd stated that she felt it was important in order to preserve the residential neighbor- hood. Glendia Witherow, operator of Glenmar by the Sea Bed and Breakfast and President of the Olympic Peninsula Bed and Breakfast Association, congratu- lated the City on working for an Ordinance such as this, and in recognizing the bed and breakfast industry, as well as the needs of the citizens in the community. She approved of the Ordinance, and urged Council to approve it. She addressed the lot size requirements, stating she, too, at first, was not sure about the requirements, but felt that the item was looked at and is fair and equitable. She also extended thanks for Mr. Glass, who was unable to attend this meeting, stating that he felt it was a "real feather in the cap" of Port Angeles to have recognized this industry to be doing something positive about it. Mayor McPhee closed the public hearing, and extended on behalf of the Council its thanks to the task force for the tremendous amount of effort put into this project. He then read the Ordinance by title, entitled ORDINANCE NO. 2483 AN ORDINANCE of the City of Port Angeles providing for the regulation of bed and breakfasts, and amending the Zoning Ordinance, No. 1709. Councilman Hallett moved to adopt the Ordinance as read by title. Council- man Hesla seconded. Councilman Gabriel commented that he thought this was a good step in the right direction, but concurred with Council Lemon in regards to the restrictions and asked Planner Carr if there was any recourse if a person had a problem with the restrictions, and what were the procedures if one was in disagreement. Planner Carr replied that there were two procedures: (1) Apply for a variance through the Board of Adjustment; and (2) Ask that the Code be changed. Following further discussion on the restrictions, Councilman Hesla stated that since there was no opposition from the industry itself, he felt it should be adopted as written. Councilman Hallett concurred with the recommendations of the Planning Commission, stating that standards needed to be set. Councilman Stamon asked Council to keep in mind the fact that the Ordinance originated because of the concerns of the public and the bed and breakfast industry, to allow a hospitality industry to exist within the residential neighborhoods, and to preserve the integrity of the residential neighbor- hoods. She further stated this afforded an opportunity to homeowners in the neighborhoods to have a bed and breakfast as a home occupation, and spoke in favor of adopting the Ordinance. V 100 Notices 100 N ties ORDINANCE NO. 2482 ,A4I ORDINANCE of the City of Port Angeles, Washington, revising sewer service rates and ,ndrng Chapter VI of Ordinance No. 2394 and Chapter 13.65 of the Port Angeles Murlfepat €zde. 1HE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, does ordain as follows: 'Section 1. Chapter VI of Ordinance 2394 and Chapter 13.65 of the Port Angeles Municipalcede are hereby amended to read as follows: CHAPTER VI SEWER SERVICE RATES Section 1 Single Residential Unit Monthly Rate. The charge for each single residential unit and each living unit shall be the sum of $181t per month. Section 2 Commercial and Industrial Rate. Each commercial 'and industrial discharger con- nected with the City water system shall be charged monthly a. customer charge of $14322.37 per month plus $9580.69 per 100 cubic feet for the amount of metered water consumed by the user in the billing period. St tiQn 3 Commercial and Industrial Eauivalent Plumbing Fixture Rate. Commercial and in- dustrial dischargers which have a lower water or wastewater discharge into the public sewers than is reflected by their water consumption may apply in writing to the Department of Public Works to have their sewer charges calculated at the rate of $9680.78 times the total number of Equivalent Plumbing Fixtures. The total number of Equivalent Plumbing Fixtures shall be calculated, based upon the following table, which is hereby adopted from the United States of America Skitdards Institute National Plumbing Code, USASI, A40.8 -1955: EOUIVALENT PLUMBING FIXTURE UNIT$ EQUIVALENT PLUMBING FIXTURE TYPE FIXTURE UNITS One bathroom group consisting of tank-operated water closet, lavatory, and bathtub or shower stall Bathtub (with or without overhead shower) Bidet Combination sink -and -tray Combination sink-and-tray with food disposal unit Dental unit or cuspidor Dental lavatory Drinking fountain Dishy sher, domestic 2 Floo drains 1 Kits sn sink, domestic 2 Kitc,.en sink, domestic, with food waste grinder 3 La 1 LaV a r 2 Lava �y� s9 t 2 H Lava r r w 4 x 2'-, Laun Show N 2 Showers(group) per Sinks Surgeon's Flushing rim (with valve) Service (trap standard) Service (P trap) Peg, scullery, etc. Urinal, pedestal, syphon jet, blowout Urinal, wall lip Urinal stall, washout Urinal trough (each 2 -ft. section) Wash sink (circular or multiple( each set of faucets Water closet, tank operated 'Water closet, valve-operated In addition to the above units, the following fixture types shall be assigned equivalent plumbing fixture units as follows: 1.00 P Natic es 3 8 EQUIVALENT PLUMBING FIXTURE TYPE FIXTURE UNITS 400 -Ib. commercial washer 89.6 200•Ib. commercial washer 44.8 50-1b. ceinmercial washer 11.2 35 commercial washer 7.8 254b. commercial washer 5.6 18 lbs. and under commercial washer 4.0 Section 4.— Rate for User Outside City Limits. All sanitary sewage disposal furnished to a user outside the City limits shalt be charged at the rate of 150% of the schedule for rates and charges as set forth herein or as amended. Section 2. This Ordinance shall take effect April 1, 1988. P ASSED by the Citytouncil of the City of Port Angeles at a regular meeting of said Council held on the 15th day of March, 1988. ATTEST: Michelle Maike, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: March 20, 1988 6 2 3.- 3 4 1 1 8 2 4 8 4 4 2 2 4 Frank McPhee Mayor 1 ORDINANCE NO. 2483 AN ORDINANCE of the City of Port Angeles providing ffY the regulation of bed and breakfasts, and amending the Zoning Ordinance. No. 1709. WHEREAS, it is in the best interests of the City of Port Angeles to promulgate regulations relating to the opera tion of bed and breakfast establishments in the City of Port and the necessary public hearings have been held, pursuant to Chapter 43.21C RCW; NOW, THEREFORE, THE 4.Y COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: *Mon 1. There is hereby added to the Zoning Ordinance, `irrance No 1709, a new Chapter, as follows: Chapter 17.18 BED AND BREAKFASTS Sections: 17.18.010 Purpose. 17.18.020 Definitions. 17.18.030 Applicability. 17.18.040 Development Standards. 17.18.050 Application Procedure. 17.18.060 Public. Hearing. 17.18.070 Planning Director's Decision. 17.18.080 Notification of Decision. 17.18.090 Permit Limitations. 17.18.100 Permit Revocation. 17.18.4.10 Penalties. 17.18.120 Appeals. Section 27.18.010 Puroose. The purpose of the bed and breakfast conditional use is to ensure that transient lodg- ing provided within a dwelling unit located in a residential district is compatible with the residential character of the neighbcrhood and the surrounding residences. Section 17.18.020 Definitions. A "bed and breakfast" is a single family residence containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to thirty (30) days and serving primarily breakfast only to people registered to use the facility for lodging or special events that require facilities to provide more than just meals. Section 17.18.030 Applicability. A Conditional Use Permit in accordatif,e with the provisions of this Chapter is required for all bed and breakfasts occurring in residential use districts. Bed and breakfasts occurring in commercial dis- tricts shall be considered hotels and regulated accordingly. Section 17.1B440 Development Standards. All bed and breakfasts shall comply with the following development standards: A. All bed and breakfasts shall be located in single- family residences and shall exhibit no outward appearance of a business or of a non residential nature, other than permitted mss 113:' All bed and breakfast operators shall live on the wises. 'C. A bed and breakfast with four or fewer rooms for let shall provide parking spaces for the operator and guests. Bed and breakfasts with more than four rooms for let shall provide parking spaces for the operator, guests and I-0.1 off- street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All signs shall be no more than five (5) square feet in area indirectly lit, and parallel to the building facade to I which they are attached unless* they are free standing in the yard. Free standing signs cannot exceed three feet in height but may be perpendicular to the facade. The light ,source shall be shielded from abutting property and rights- of -way. There shall be a maximum of two free standing s igns F. AIL bed end breakfasts shall comply with the applica- ble locatand State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations., H. Size and area requirements: No. of BEfrms. I to Let 0 -4 fa provide these activit an d/or Facility Hod tub one lot Sauna one lot Swimming Pool 1 acre Tennis Court 1 acre Other outdoor rec. courts (volley -ball, hand ball) 1 acre Meeting rooms 2 acres Playing fields 2 acres *NOTE: Combination of activities and facilities; e.g., ten- nis courts and swimming pools, may require additional lot area beyond the minimum fisted; however, the minimum areas are not additive; e.g., if the bed and breakfast has one acre, it can have a pool and a tennis court. Nor are Mete areas additive to the base minimum. s Any change in the ownership, structure, or the site Plan requires a revised. permit. 7.18.050 A Procedure. applicationn %r a Conditional Use Permit for a bed ,B breakfast shell be submitted on a form obtained from the Planning Department and shall also be signed by the .owner of the property if other than the applicant. Et. Upon rekeipt of an application satisfying the require -moots of this Chapter, the Planning Department shall route it to all appropriate Departments. Each City Department ,aaaa e Ilfl': tIR' wW provide these activr Astialty and/or Facility Tennis Other outdoor rec. courts (volley -ball, handball) 1 acre Meeting rooms 2 acres Pl y ng fields 2 acres Combination of activities and facilities; e.g., ten- ets and widening pools, pay �'e additional lot rid the mininiunt'. fi Mov the minimum not additive- e.g., if the bed and breakfast has can have a p001 and a tennis court. Nor are th additive to the base minimum. J Any thengst in the ownership, structure, or the site n requires a revised permit. n 17.18.050 Application Procedure. A The application tor a Conditional Use Permit for a bed breakfast shall be submitted on a form obtained from the Planning Department and shall also be signed by the owner ot the.property if other than the applicant. Be' t Of an f require- comments regarding the app 'cation. 174060 P Hearing, Upon receipt of a coin- mmng Department shall schedule ifiicatkm of the application an all be posted at the Taber and provided to the appli pwners at least ten (10) Foliowing he nning Direct(' Mall, in writing, or approve with modifications or conditions, r er, sewer, power, roa po ice an ire, an ref- Use disposal must be available and adequate for the proposed use. On -site sewage systems may be utilized if principal sewer service is not available and the County Health officials approve the system tor the proposed use. B. "The proposal should not cause detrimental effects on the surrounding residential area as a result of changes in the following elements (but not limited to just these ele- ments): traffic, noise, activities occurring on -site, lighting, and the ability to provide utility service. C. The proposal shag be compatible with surrounding residential area because the. treatment of the following aspects (but not limited to the following only) is adequate to assure compatibility: landscaping, location of struc- ture(s), parking areas, and the residential nature of con- struction and/ or architectural details of the structure. Section 17.18.080 Notification of Decision, Following the Planning Director's decision, the Planning Department shall provide copies of the decision to the applicant and the abutting property owners and post notice of said decision on the subject property and/ or in the vicinity within ten (10) days. Section (17.18.090 Permit Limitations. A. Once a Conditional Use Permit has been issued for a bed and breakfast, it shall not be transferred to another location. B. the Conditional Use Permit shall be valid only for so long as the bed breakfast complies with the require ments of This Chapter and the conditions of approval. C. Any change in the ownership, the structure, or the site plan requires a revised permit. Section .17.18.200 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof,. if Iro finds that: A. The applicant or permittee has I9ipt led or failed to ;meet any of the provisions of this Chapter or conditions of he permit; or B. Any required licenses have M Director, or rs gnee bed and breakfast found in violation of this Chapter. Section 17.18.110 Penalties. Any person violating any provisions of tnis Chapter shall be guilty of a misdemeanor and shall be punished py a f ;ne not to exceed Five Hun- dred ($500) Dollars. Each day that a violation oonttinues shall °institute a separate offense. Section 17.18.120 Motels. A. My person aggrieved by the decision of the Planning Director, under Sections 17.18.070 or .100 may appeal the decision. B. Appeals shall be submitted to the Planning Depart merit rn writing within fifteen (15) days following the date of mailing the decision to the applicant. C. The Planning Commission shall hear the appeal at its next possible public meeting and thereupon make a rec- ommendation to the City Council to uphold, reverse, -or modify the decision, based upon the compliance with the requirements of this Chapter. Such recommendation shall include written findings of fact. D. The City Council, at its next possible public meeting following receipt of the Planning Commission's recommen- dations, may adopt, reverse, or modify the Planning Com- mission's recommendations and shall set forth written find ings of fact. E. Any further appeal shall be to the Clallam County Superior Court. Section' 2 Severabilitv. If any provisions of this Ordinance, or its application to any person or circumstance, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circum- stances, is not affected. Section 3 Effective Date. This Ordinance shall take effect five (5) days after the date of its 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 March, 1988. Frank McPhee, MAYOR ATTE Mi gliaika, City Clerk APPROVED' TO FORM: Craig,. Knutson, City Attorney Pub.:`March 18, 1988. Councilman Lemon commented that Council was hindering and restricting the industry by not allowing them the same freedom of a single family residence. Following further discussion, the question was called for and the motion x carried, with Councilmen Gabriel, Hallett, Hesla, Sargent and Stamon voting "Aye", and Councilman Lemon voting "No". Councilman Stamon thanked staff for their efforts. 5. Planning Commission Minutes of March 9, 1988 A. Conditional Use Hearing Umbehocker Councilman Stamon moved to concur with the recommendation of the Planning Commission and approve a two -year extension of a Conditional Use Permit allowing the sale of square dance apparel as a Home Occupation in the RS -7, Single Family Residential District, at 2909 South Oak Street, subject to the original conditions, with the change that a 1A10BC fire extinguisher be installed, rather than a 2A10BC. Councilman Lemon seconded and the motion carried. B. Conditional Use Hearing Ware Councilman Hallett moved to concur with the recommendation of the Planning Commission to approve an extension of a Conditional Use Permit allowing community -based placement of disabled adults as a Home Occupation in the RS -7, Single Family Residential District, at 610 West llth Street, until April 1, 1989, subject to the original conditions, with the following change to Condition No. 4: The applicant submits a written report to the Planning Commission in six months regarding the agency's efforts to relocate the training and placement program with reasons why they have not moved, if they have not; and citing the original findings. Councilman Hesla seconded and the motion carried. C. Conditional Use Hearing Critchfield Councilman Stamon moved to concur with the recommendation of the Planning Commission and approve a two -year extension of a Conditional Use Permit allowing a private counseling practice as a Home Occupation in the RS -7, Single Family Residential District, at 2535 West Tenth Street, subject to the original conditions and citing the original findings. Councilman Sargent seconded and the motion carried. D. Conditional Use Hearing Willenberg Councilman Sargent moved to concur with the recommendation of the Planning Commission and approve a Conditional Use Permit to allow a bookkeeping /tax service as a Home Occupation in the RS -7, Single Family Residential District, at 212 West 14th Street, subject to the following conditions: (1) For clients visiting the Home Occupation site, the hours of operation shall be from 9 AM to 5 PM, Monday through Friday; (2) There shall be a 1A10BC fire extinguisher located in the office areal (3) The proposed Home Occupation shall conform with the development standards as set forth in the Home Occupations Chapter of the Zoning Ordinance (Section 17.86.040); and citing the following findings: (A) The proposed use will not result in any significant impacts to the surrounding residential properties; (B) The proposed use will not result in any significant impacts to the environment; (C) That the granting of this Conditional Use Permit is in the general public interest and that environmental and performance parameters condi- tioning the proposed activity, as specified in the use permit, will allow the proposed activity with adequate safeguard to the welfare of the people of Port Angeles at large and to the people residing in the vicinity of said activity. Councilman Stamon seconded and the motion carried. E. Kedish Short Plat SP- 87(9)5 CITY COUNCIL MEETING March 15, 1988 Councilman Sargent noted that Mr. Melton was available to answer questions. Councilman Stamon stated that Council had received a letter from Louis Torres, who has been retained as the representative of the Kedishes. In the letter, Mr. Torres requests that Council remand this appeal back to the 973 974 CITY COUNCIL MEETING March 15, 1988 Planning Commission without Council action. She then moved that Council concur with Mr. Torres' request and remand the issue back to the Planning Commission without Council action. Councilman Hallett seconded. Councilman Lemon noted that there were citizens who also wish to speak on this issue. On call for the question, the motion carried. F. Interpretation Railroad Car Building or Monument Councilman Stamon moved to concur with the recommendation of the Planning Commission to accept the railroad car as a static, external display, as an attraction that could be appropriate in non residential districts as a Conditional Use. She further added that the rehabilitation of the railroad car occur in an industrial district outside of the Downtown commercial district. Councilman Sargent seconded. Councilman Sargent stated that it was the intent of the owners to rehabili- tate the railroad car outside of the Downtown area, to restore it to its original form and display it on Railroad Avenue as a tourist attraction. Attorney Knutson noted that this item would have to go before the Planning Commission and back to the Council as a Conditional Use, making specific note of the conditions on the permit at the time of approval. Councilman Stamon changed her motion, withdrawing the portion dealing with the rehabilitation on the railroad car. On call for the question, the motion carried. Councilman Stamon commented that this would help improve the Railroad Avenue area as a tourist attraction. G. Acceptance of Minutes Councilman Hallett moved to accept and place on file the minutes of the March 9, 1988, Planning Commission meeting. Councilman Lemon seconded and the motion carried. 6. Resolution Setting Public Hearing for Street Vacation Seventh and Jones Street Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 4 -88 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Jones Street north of Seventh Street. Councilman Sargent moved to pass the Resolution -as read by title. Council- man Gabriel seconded and the motion carried. 7. Consideration of Request from Thor's Lock and Key to Revise City's Practice of Assisting Citizens with Locked Vehicles Chief Cleland addressed Council on the past policy regarding Police Officers assisting citizens, stating that the Department has provided this service for the past twenty plus years. He stated that he felt it needed to be a policy made by the Council as to how Council would like to see these calls handled. Should the service be regulated, or continued as is? Councilman Stamon thanked the Police Department for the informative memo. She stated that in meeting with the locksmiths, she found that they were willing to work together and develop a standard fee, as well as work on a rotational basis. Councilman Stamon moved that Council remand the issue to the Police Depart- ment with instructions to meet with the locksmiths to develop an ordinance along the lines of the options outlined: (1) The Police Department pro- vides the service only in emergencies accidents, children locked in -8- 0 RESOLUTION NO. 4-88 A RESOLUTION of the City of Port Angeles setting a hear ing date for a patitiOn to va- cate a portion of Jones Street north of Seventh Street. WHEREAS, the owner of in- terest. in Lot 18, Block 210, and tot 10, Block 211, TPA, has filed a petition with the City Clerk to make vaeetion of that Portion of Fourth Strut abutting Lot It Block 210, and Lot 10. Block 211. TPA; and WHEREAS, said petition ap- as follows: Section 1. The to make such vacat be heard and deteli'mined by this Council on the 19th day of April, 1988 which is not more than s (60) days nor less than twenty (20) days hereafter. Section 2. The City Clerk is hereby directed to give twenty da notice of the pen deny of said petition according to the TwoVisjons of RCW 3).79.020: PASSED by the City Council l of the City of Port Angeles at a regular meeting of said Council/ held on the 15th deY of March, 1988. frank McPhee, MAYOR ATTEST: Michelle Maike, City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: March 25. 1988. vehicle, animals in distress, etc. All others are referred; (2) A referral system is established using qualified locksmiths the Police Department refers calls to these businesses. Since referral to a specific business may generate a degree of liability, minimum qualifications may need to be established by ordinance; and then to bring back to Council a recommenda- tion for further consideration. Councilman Hallett seconded. Councilman Lemon felt that this should be a courtesy service, and that it gives the Department a good image, as well as a good public relations tool. He was in support of continuing the practice. Attorney Knutson pointed out the legal aspects of the issue: The City is subject to liability for damage to vehicles, as well as a liability subject to an anti -trust nature competing with the private sector. Further, the Police Department's lack of authority in doing this activity; the Depart- ment clearly has authority in a life- threatening situation. Without the clear authority, basically the City is providing a service without getting anything in return, which constitutes an illegal gift of public funds. He asked where do we draw the line? Councilman Stamon concurred with Council Lemon on his point of the issue being a courtesy service. However, she pointed out that a formal complaint has been made, requesting that this policy be discontinued. She asked Council to look at the practice, and examine why it is being done. She cited that there is a cost involved to the City. Last year, officers responded 803 times. She stated that there was another issue involved, this being the liability to the City, and she urged Council to look at the problem further and to negotiate with the locksmiths to reduce the cost of the service to an acceptable level. Chief Cleland stated that he thought the time had come for the Department to get out of the business of unlocking vehicles. Mayor McPhee stated that he, too, felt this to be an excellent public relations tool, especially in times when respect for the Police and authority is seen less and less. He felt this to be an inexpensive opportunity to increase respect for the Police. He stated that the City is exposed to liability any time a City employee is involved in a problem dealing with the public sector, but that the main reason the City is here is to provide public service. Councilman Gabriel agreed with the locksmiths. On call for the question, the motion carried, with Councilman Lemon and Mayor McPhee voting "No BREAK The meeting recessed to a break from 9:10 to 9:25 P.M. CITY COUNCIL MEETING March 15, 1988 8. Consideration of Recommendations on Improvements to Laurel Street and Ahlvers Road Intersection Councilmen Lemon and Gabriel withdrew on the appearance of fairness and left the meeting room. Councilman Sargent moved to allow the Independent Bible Church to proceed with construction of the building, by deleting Condition No. 7 of the Conditional Use Permit. Further, to direct staff to pursue and complete the needed roadway improvements to improve visibility and safer turning at the intersection of Laurel and Ahlvers, in order to minimize traffic conflicts and congestion. Councilman Hesla seconded. After further discussion on the right -of -way, Councilman Stamon suggested an amendment to the original motion; that it is the desire of Council to direct staff to proceed with negotiations for acquisition of property and development of the intersection that is a permanent solution, rather than temporary, and that the least preferred solution would be reconstruction within the existing rights -of -way. Councilman Sargent concurred. Councilman Hesla stated that the Real Estate Committee had concluded that the improvement and safety of the intersection was first and foremost. He -9- 975 976 CITY COUNCIL MEETING March 15, 1988 did not feel the Committee was making it a temporary position, but they were making it an adequately safe condition, and that the options were there to make it a permanent, safe intersection. Councilman Hallett stated that the City must be consistent and fair to not make the statement of being flexible. Manager Flodstrom commented that he understood Councilman Hallett's concern for wanting to be fair and not setting a precedent. Following further discussion, on call for the question, the motion carried. Councilmen Lemon and Gabriel returned to the hearing room. 9. Consideration of Resolution of Sidewalk Dispute with Jay Ketchum Councilman Stamon stated that she and Councilman Gabriel had the oppor- tunity to meet with Mr. Ketchum at the site, and she felt the decision that was reached was fair and equitable, and that Mr. Ketchum felt that way, also. Councilman Gabriel stated that he was under the impression that this topic was only going to be discussed, and that there hadn't been an agree- ment made. Councilman Stamon replied that she understood this to be the recommendation of the Utility Advisory Committee and Mr. Ketchum, as well. Following further discussion of the issue, Councilman Stamon moved to approve the settlement as follows: (1) Property owner sign a hold harmless against damages that may occur as a result of the sidewalk and the right of -way draining onto the property; (2) Sidewalk to be constructed of concrete 4 inches thick, 5 feet wide, and be placed adjacent to the curb; (3) Property owner agrees to pay all material costs; (4) City to provide labor for asphalt removal, forming, pouring, and finishing sidewalk; (5) City to provide design, surveying, and staking; (6) The north driveway to be built of 6" thick concrete and in conjunction with the sidewalk; (7) The property owner provide (in writing) a plan for the area in the middle of the property, periodically used as a driveway. Councilman Hallett seconded, and the motion carried. 10. Appointment of Citizen to Building Code Board of Appeals Upon a vote by Council, John Spiess was appointed to the Building Code t Board of Appeals. _fi) /�rtC a (7r 'e: ',1/// 'et r /'i 'Ja y f lac ti f‘ t r 1c2 ri 1, r l� a� 4110 t-it 11. Request Approval of Civil Service Interview Board for Lateral Entry Police Office Councilman Stamon moved to approve the interview board for lateral entry Police Officer. Councilman Hesla seconded and the motion carried. Personnel Manager Coons gave Council a summary as to how the board is comprised: (1) An employee within the Personnel Division; (2) A person within the community; and (3) A technical person outside of the area with expertise in police /fire, usually of management level. 12. Proclamation Child Abuse Prevention Month Mayor McPhee proclaimed the month of April, 1988, as Child Abuse Prevention Month. 13. Request to Establish a City Council Committee to Develop Written Guidelines and Direction for the City Manager Mayor McPhee asked Manager Flodstrom if he would like written guidelines. Manager Flodstrom stated that he did want written guidelines, as the more information he received from Council, the better opportunity he would have to pursue the direction; and that at future evaluations, it would be fairly easy to demonstrate that he has accomplished the direction Council has set. Councilman Stamon, speaking to her memo, felt that it would be easy for Council to do; that they needed to sift through the evaluations they just gave and come up with the common threads, and then build a consensus on the part of the whole Council as to the direction the City Manager needs to go. She felt that to be very valuable. She then offered that as a motion. Councilman Hallett seconded. -10- CITY COUNCIL MEETING March 15, 1988 Councilman Gabriel spoke in opposition, stating that direction is given at every Council meeting. Councilman Stamon stated the Council needed to give clear direction; that it could be simple and limited, but that it was a very valuable tool. Councilman Sargent concurred with Councilman Gabriel. Her feelings were that the changes were spelled out during the evaluation process. Councilman Hallett volunteered to write the guidelines for the Council. Councilman Stamon then changed her motion to state Council authorize Councilman Hallett to develop a list providing direction, written guide- lines for changes that Council wants the City Manager to make, and then brought back to the Council for approval, changes, or acceptance as written. Councilman Hallett seconded. Councilman Gabriel again stated that he would like to see this issue put to rest. On call for the question, Councilmen Hallett, Hesla and Stamon voted "Aye and Councilmen Gabriel, Lemon and Sargent voted "No Mayor McPhee cast a tie breaking "Aye" vote and the motion carried. IX ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. X CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Mayor McPhee pointed out it was just past 10:00 and that a motion was needed to continue. Councilman Stamon moved to continue with the Agenda. Councilman Sargent seconded and the motion carried. Councilman Stamon stated there had been a town meeting held March 14, 1988. One idea from the public that came out was what could and should be done about Lincoln School? Another meeting is scheduled for March 24, 1988, at 7:00 P.M. in the Council Chambers. She also commended the Teddy Bear Program recently implemented in the City. Councilman Lemon asked for support for Council regarding the possibility of moving the Waterfront Trail to the north side of Marine Drive where the railroad tracks were. Mayor McPhee set a meeting date for the Audit Committee on March 16, 1988, at 5:00 P.M. at City Hall. Councilman Hesla reminded Council and staff of the upcoming wheel chair basketball game to be held March 26, 1988. Councilman Gabriel, speaking about Item #11 on the Information Agenda, regarding a Department Head worksession on March 24th and 25th, opposed the worksession, as he felt it was premature to the budget changes. He asked for consensus from Council on the item, stating he preferred staff hold off on the worksession until they had a clear sense of direction. Mayor McPhee asked where the worksession was to be held. Manager Flodstrom replied that they were going to Alderbrook, on the Hood Canal. Mayor McPhee commented that the City is trying to develop our area as a place to have conventions and seminars, further stating that he preferred staff to have the seminar in Clallam County and also to require staff to have seminars within the City or at least close by. Councilman Stamon then stated that if that was to be the case, then the City should pay for for the seminar. As it is set up now, staff is paying for lodging and that the only cost to the City is transportation. Mayor McPhee stated that would be fine, but argued that it does not make sense to spend money on tourism promotion and then have the City staff go out of the area. He would like to see the City not spend money in any other County. After further discussion by Council and staff, Councilman Hesla moved that the Council authorize management's request for meal reimbursement. Coun- cilman Sargent seconded. 977 978 CITY COUNCIL MEETING March 15, 1988 Councilman Lemon asked for clarification on the cost of the seminar. Manager Flodstrom stated that staff would be taking their own time, covering their own transportation and the overnight accommodation cost, asking only for reimbursement of meal costs for the two days. Councilman Hallett spoke in support of the worksession and didn't feel the need for staff to take vacation time. Manager Flodstrom explained that due to the recent concerns of Council over the travel budget, he and staff felt it would be best to cover part of the cost of the worksession, and he further stated that staff needed the time away. Councilman Hallett again expressed his support. Mayor McPhee reminded Council that the City is encouraging private citizens and the tourism group to attract conventions and seminars, and yet this is in direct contradiction. Councilman Sargent stated that she understood Mayor McPhee's concerns, but that Manager Flodstrom's reasons were well taken. On call for the question, the motion carried, with Mayor McPhee voting "No Councilman Stamon reminded Council and the public about the March 24, 1988, worksession on Budget review at 5:30; and also reminded Council to provide written information by Friday, March 18th, on proposed changes, so that all members have a chance to review. Manager Flodstrom asked Council for consideration of the amended Museum contract. Mayor McPhee asked that an item also be added regarding the Port Angeles Light Opera Association. Councilman Stamon moved to add the items to the agenda. Councilman Sargent seconded and the motion carried, with Councilman Hallett voting "No Council discussed the amended Museum contract. Councilman Hesla then moved that the Council accept the amended contract for Museum services. Council- man Sargent seconded, and the motion carried, with Councilmen Gabriel and Hallett voting "No Mayor McPhee read a letter from the Port Angeles Light Opera Association asking the City for assistance for funding to enhance the sound equipment. The total cost is $1,230, with the funding to be from the Hotel /Motel Tax Fund. Mayor McPhee cited this as a worthy cause. Councilman Stamon noted that our sound system was a gift from the Port Angeles Chamber of Commerce and suggested that we loan out our system to PALOA during their light opera productions. Councilman Lemon pointed out that the system we have might be different from what PALOA needs. Councilman Stamon suggested that Council investigate the possibility of loaning our system before spending money for another system. Mayor McPhee directed the City Manager to contact PALOA and discuss their needs and compare the attributes of the system. Councilman Sargent suggested that PALOA check into another source for funding. Councilman Lemon asked if this was a borderline situation for Hotel /Motel Tax Funds. Attorney Knutson replied that the statute specifically allows for money on performing arts. XI ADJOURN TO EXECUTIVE SESSION The Council adjourned to executive session to discuss an item of litigation and real estate. 321 East Fifth, Port Angeles 457-0411 3 NOTICE IS HEREBY GIVEN that the Port Angeles City Council will hold a public hearing on Tuesday, March 15, 1988, at 7:00 PM in the City Council Chambers, 321 East Fifth Street, for the purpose of discussing adjustments to the City's sewer rates, which are needed due to the cost of the Secondary Treatment Facility. The public is cordially invited to attend. Michelle Maike City Clerk XII RETURN TO OPEN SESSION The meeting returned to open session at approximately 12:00 A.M. XIII ADJOURNMENT The meeting adjourned at 12:01 A.M. 29Peha A‘eZe Clerk Mayor CITY COUNCIL MEETING March 15, 1988 979