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HomeMy WebLinkAboutMinutes 03/20/1990 1570 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington March 20, 1990 I CALL TO ORDER Mayor Sargent called the special meeting of the Port Angeles City Council to order at 5:12 P.M. II ROLL CALL Members Present: Mayor Sargent, Councilmen Gabriel, Hallett, Lemon, Nicholson, Ostrowski, Wight. Members Absent: None. Staff Present: Clerk Maike. III - VII - SUSPENDED VIII LEGISLATION 1. Discussion of City Manager Selection Process The Council discussed with Tom Waldron, of Waldron and Company, the profile to be used in the selection of City Manager candidates and reviewed the list of screened candidates. The Council discussed with Mr. Waldron whether they would continue to need his services to fulfill Phase III: Consensus Phase, of the contract. The Council agreed to wait until additional steps had been taken in the screening process before making a final decision. IX ADJOURNMENT Mayor Sargent adjourned the meeting at 5:50 P.M. ~ Clerk Ma CC.142 -1- 1571 CITY COUNCIL MEETING Port Angeles, Washington March 20, 1990 I CALL TO ORDER - SPECIAL MEETING .~ Mayor Sargent called the special meeting of the Port Angeles City Council to order at 6:00 P.M. II ROLL CALL Members Present: Mayor Sargent, Councilmen Gabriel, Hallett, Lemon, Nicholson, Ostrowski, Wight. Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson, Clerk Maike, S. Brodhun, M. Cleland, B. Collins, L. Glenn, B. Titus, D. Wolfe, K. Ridout, B. Coons, C. Jones, A. Vernon, L. Danks, J. Abram, G. Beck. Public Present: W. Anabel, J. VanOss, L. Diimmel, K. Grasser, Mr. & Mrs. C. Alexander, E. Turtle, H. Hansen, C. Boardman, D. Vautier, D. Rudolph, S. & S. Hopper, S. Everett, C. Maass, L. Beil, B. Stepp, L. Schmitt, T. Jacobsen, T. Haley, S. Berquam. III INTERVIEWS WITH CANDIDATES FOR VARIOUS CITY BOARDS AND COMMISSIONS The Council interviewed the following candidates for the following boards and commissions: Barbara Catts, Parks, Recreation & Beautification Commission; Roger Catts, Planning Commission, Building Code Board of Appeals; William Anabel, Planning Commission, Civil Service; Jewell VanOss, Planning Commission; Kenneth Dooley, Civil Service Commission; Skip Berquam, Parks, Recreation & Beautification Commission. The special meeting adjourned at 6:50 P.M. IV CALL TO ORDER - REGULAR MEETING Mayor Sargent called the regular meeting of the Port Angeles City Council to order at 7:03 P.M. V PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Marcia Logan's Campfire Group, Rainbow Dreamers. Members present: Leslie Diimme], Co-Leader, Alexandra Crockett, Amber Wheeler, Andrea Clapshaw, Holly Diimmel, Holly Manso, Jenessa Roening, Jessica Smedley, KalaAdams, Kesley Rosbach, Kimi Logan, Nicole Beatty. VI APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 6, 1990, AND SPECIAL MEETING OF MARCH 13, 1990 Councilman Ostrowski moved to approve the minutes of~.e regular meeting of the Port Angeles City Council of March 6th and the special meeting of March 13, 1990. Councilman Gabriel seconded the motion. Jack Glaubert, Sequim Bay, addressed the Council on the draft minutes regarding Legislative Item No. 1, Shoreline Management Permit for the City of Port Angeles, North Francis Street. He stated that he was opposed to Finding No. 1 in the minutes, which reads: "The proposed access and trail will provide access to the Waterfront Trail, which is a separate, non-motorized vehicular and pedestrian path linked to the other parts of the circulation system in the City, but separated from streets used by motorized vehicles." It was his opinion that the finding should be: "The proposed access and trail will provide access to the Waterfront Trail." He expressed concern that he was not able to access his property on the waterfront because of the finding. Council and staff discussed with Mr. Glaubert the interpretation of the finding and the intent, stating that it did not have any bearing on his ability to access the property. The motion was voted on and carried unanimously. -1- T ~f l~ T I 1572 CITY COUNCIL MEETING March 20, 1990 VII FINANCE 1. Consideration of Bid Award for Fire Truck and Financing Package Councilman Hallett moved to award the bid to the lowest most responsive bidder for a new transport-capable fire truck to Pierce Manufacturing in the amount of $212,298, plus tax. Councilman Ostrowski seconded the motion. The Council discussed the financing options the City will need to pursue prior to the delivery of the truck, and the best method for payment. Councilman Lemon spoke in opposition to the motion, as he felt it was an unnecessary burden and an unnecessary expenditure to the taxpayers of the City of Port Angeles. The question was called, and the motion carried, with Councilman Lemon voting "No" . 2. Consideration of Proposals for Public Information Program Councilman Nicholson moved to accept the proposal from Thompson/MacKellar for the Public Information Program, and further to direct staff to bring back a contract for consideration at the April 3, 1990, City Council meeting. Councilman Gabriel seconded the motion. Mayor Sargent and Councilman Hallett expressed their pleasure with the proposal, stating it was well thought out and that Thompson/MacKellar had done a good job preparing the proposal. The question was called and the motion carried unanimously. 3. Consideration of Bid Awards for Backhoe, 5 - 6 Yard Cab & Chassis, 5 - 6 Yard Dump Box for Cab & Chassis Councilman Ostrowski moved to award the bid to the lowest most responsive bidder as follows: Backhoe, Case Power & Equipment, for $31,887.34, including tax; Cab &Chassis, SeaTac Ford, for $38,291.18, including tax; Dump Box, Allied Body Works, for $12,699.59, including tax. Councilman Hallett seconded the motion, which carried unanimously. VIII CONSENT AGENDA Councilman Hallett moved to accept the items as listed on the Consent Agenda, including: (1) Request for progress payment to ]mkeside Industries for DelGuzzi Drive LID of $21,984.45; (2) Advance Travel Request (out-of-state) for PAPD - Sgt. Riepe; (3) Correspondence from Washington State Liquor Control Board; and (4) Vouchers of $711,859.30. Councilman Wight seconded the motion. Following a discussion of the items as presented, the motion was voted on and carried unanimously. IX ITEMS FROM THE COUNCIL/AUDIENCE TO BE CONSIDERED/PLACED ON THE AGENDA John Nelson, 1103 Grant Avenue, requested, as the applicant, that the Council postpone taking action on Item 2-B regarding the parking variance, PKV-90(02)i, until the April 3, 1990, City Council meeting. Attorney Knutson stated that Mr. Nelson had told him that the reason for the request is that Mr. Nelson is pursuing an alternative which may avoid the need for the variance, and therefore, a continuance would be appropriate. Councilman Nicholson moved to continue Item 2-B, Parking Variance, PKV-90(02)I - John Nelson, 116 Railroad Avenue, a request to reduce the number of required parking spaces for a proposed antique mall located in the Central Business District (CBD), to the April 3, 1990, City Council meeting. Councilman Gabriel seconded the motion, which carried unanimously. Sharon Hopper, 1324-D O'Brien Road, requested that the Council continue the public hearing, Item l-C, Reconsideration of Extension of Retail Stand Permit in the Central Business District, due to the fact that she and her husband, applicants for the Retail Stand, have pneumonia. -2- 1573 CITY COUNCIL MEETING March 20, 1990 Attorney Knutson suggested that th? Council wait until at that item on the agenda, open the public hearing; and then either move to continue the item or take testimony from those present and then continue the issue. Councilman Wight requested that the Council pre-agree to continue the item in order for Mr. and Mrs. Hopper to leave the meeting. Councilman Nicholson moved that the Council open the public hearing at that point in their agenda, take public testimony on the issue, and then continue the public hearing to the April 3, 1990, meeting. Councilman Ostrowski seconded the motion. Council discussed the motion briefly. Scott Hopper approached the Council and stated that if the Council were required to open the public hearing, that he and his wife would stay and speak to the issue at that time. Councilman Nicholson withdrew his motion, and Councilman Ostrowski withdrew the second. Larry Leonard, 1030 Olympus Avenue, brought to the Council's attention several bills before the State Legislature regarding growth and development. He was concerned about one in particular, pertaining to the Local Option Real Estate Excise Tax and requested that the Council contact the Association of Washington Cities and the State Legislators to speak in opposition to this excise tax. The Council discussed the issue with Manager Flodstrom and Mr. Leonard, and it was the Council's decision to not take any action. Carl Alexander, 1712 West Fifth Street, requested to speak to Legislative Item No. 11. Mayor Sargent requested that the Council change Item 15 to Item 3-A on the Agenda and move Item 3 to Item 3-B. X LEGISLATION 1. PUBLIC HEARINGS: A. Consideration of a Proposed Sewer Rate Adjustment and Establishment of a Late-Comer Fee Director of Administrative Services Wolfe, explained briefly to the Council the increase in the sewer rates, stating it is another step in the setting aside of funds to build the City's secondary sewage treatment facility. The moneys from the rate increase will be set aside in a sinking fund. The Ordinance proposes a rate established at $13 per month plus 83¢ per 100 cubic feet of water consumption during the winter, and a flat rate of $19.75 during the summer watering season. Additionally, a late-comer fee will be established by the proposed Ordinance, referred to as a secondary assessment. A late-comer fee of $350 per hook-up for new residences is established to match the amounts that long-term customers have paid in the secondary construction fund. This amount will be reviewed annually. Councilman Gabriel asked at what point in the future will the late-comer fee decrease. Director Wolfe explained that the City does not see a decrease in the cost of the late-comer fee as long as City residents are continuing to pay for the secondary sewage treatment facility. It is the City's position that new residents would pay the same cost into the building of the plant as those residents who have been long-time customers. Councilman Wight suggested that the Council re-evaluate the late-comer fee after the secondary sewage treatment plant has been on line. Mayor Sargent opened the public hearing at 7:58 P.M. There being no public comment, she then closed the public hearing at 7:59 P.M. and read the Ordinance by title, entitled -3- 1574 CITY COUNCIL MEETING March 20, 1990 ORDINANCE NO. 2571 AN ORDINANCE of the Gi~y of Port Angeles, Washington, revising sewer service rates and amending Chapter VI of Ordinance No. 2394, as amended by Ordinance Nos. 2482 and 2526, and Chapter 13.65 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title and to authorize publication ins,~mmary form. Councilman Lemon seconded the motion. Councilman Lemon requested clarification on the late-comer fee and the increasing cost for new sewer hook-ups. Director Wolfe explained that once the plant comes on-line, all the fees and rates will be paying for operation of the plant. There will be no capital contribution involved. Therefore, if the late- comer fee is continued, it will be capped. Mayor Sargent noted that most complaints she has received over the years have been from single people, and questioned whether this rate would be fair to those customers. Director Wolfe explained that is the intent of the Ordinance in having a variable rate, because rates will be billed based on consumption. Councilman Hallett expressed his concern that the City is, in essence, subsidizing the Utility by having a base rate, or lower rate, during the summer months. He believed this to be a loss of revenue for the Utility. However, in light of the overall picture, he did not believe this would be a significant issue. The motion was voted on and carried unanimously. Mayor Sargent read an Ordinance by title, entitled ORDINANCE NO. 2572 AN ORDINANCE of the City of Port Angeles, Washington, establishing a secondary sewer assessment for new connections to the City's sewer system and a new Chapter 13.66 of the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title and to authorize publication in s,,mmary form. Councilman Lemon seconded the motion, which carried unanimously. B. REZONE REQUEST - REZ-89(12)9 - CITY OF PORT ANGELES - between Oak and Cherry Streets: A proposal to rezone property presently designated M-2, Heavy_ Industrial, to CBD, Central Business District Mayor Sargent stated she had received some letters regarding this issue to be entered into the record. One was from the Port of Port Angeles, which states, in part: The Port supports the rezoning of the upland portion of the site; however, they were concerned about changing the off-shore area to CBD. They have recommended that the Council's rezone action be limited to the upland portion of the Oak/Cherry site. The Chamber of Commerce submitted a letter which supports the rezone to commercial. Mayor Sargent opened the public hearing at 8:05 P.M. She requested that in consideration of the issue, that speakers be concise and to the point and try to avoid repetition on the issue. 3erry Hendricks, Executive Director of the Port of Port Angeles, 1024 West Sixth Street, summarized the letter sent to the Council on the issue. He stated the reason for the Port's request in limiting the rezone action is that the Port plans for the shoreline and off-shore uses must be recognized. The Port's Comprehensive Plan designates this as a commercial fishing/aquaculture facility area. He stated the Clallam County Economic Development Council Committee, which was selected to review the Oak/Cherry Street waterfront development, also discussed this subject in detail. They proposed to relocate the Inner Harbor Line to approximately 300 feet north of Railroad Avenue in the area zoned for commercial use, and relocate the Inner Harbor Line at the Oak Street site northward to within approximately 20 to 30 feet of the water's edge. This is recommended to maintain the industrial characteristics of the area north of the -4- 1575 CITY COUNCIL MEETING March 20, 1990 relocated Inner Harbor Line. In closing, he noted that the rezone proposal has required the Port to closely examine its waterfront uses, both existing and proposed, as they.relate to th~ CitY's Zoning Ordinance. The result was the recognition that the existing Zoning Ordinance does not properly address the needs of a working waterfront in the 1990's. The Port would be pleased to offer its staff in support of a cooperative effort with the City in developing a zone classification for a working waterfront that is compatible with the Downtown ~commercial center. They urged that the Council agree with their proposal and could include it as a goal for the future. Councilman Wight asked if the Council should fail to accommodate the request of the Port, does it have any immediate adverse impacts to the Port and its tenants. Mr. Hendricks replied immediately, no. However, the main concern is the long-term implications, as it is evident in the present zoning of the CBD that as a working waterfront, some of the uses are not compatible with the existing CBD designation. The proposal significantly limits the types of activity in which the Port could engage. Councilman Hallett asked whether this issue was discussed by the Planning Commission. Planning Director Collins recapped the discussion that took place at the Planning Commission meeting, stating discussion focussed on the issue of fish processing and off-loading and whether or not the proposed rezone would create any problems by limiting the site through CBD. The intent of the Planning Commission, through the initial discussion, was that fish processing at this location was not contemplated by the Port, and therefore would not be negatively impacted by the CBD zoning. It was the Commission's understanding that the off-loading activity may still be permitted under the CBD, although the Zoning Code is somewhat vague on the matter. It was contemplated through a change suggested by the Port of Port Angeles or through a specific use change, for commercial fishing activities along the waterfront, that the Planning Commission would try to address the ambiguity. Based on that understanding, the Planning Commission proceeded to zone the area to the Outer Harbor Line as CBD, consistent with the area east of Oak Street. Mayor Sargent asked Mr. Hendricks if the letter submitted by the Port was supported by the Port Commissioners. Mr. Hendricks explained that the Port Commissioners have not met; however, they do need to address the issue. It was his opinion that the Port Commissioners will concur with his recommendation. Randy Hansen, President of IWW 27 Longshoreman's Union in Port Angeles, stated the Union is opposed to the rezoning of the Oak Street property. The property is unique, as it has the natural resource of deep water moorage capabilities. He stated there will continue to be more people on this earth and continue to be more need for world trade. He urged that the Council think of the future need of navigable commerce and that is what the State-owned, Port-leased land is to be used for. He said he has read State laws which specifically state that hotels are not proper use of the property. Ed Turtle, 202 Ahlvers Road, representing Port Watch, stated that it is not deniable that there is a need for a multi-purpose convention center and hotel rooms during the summer months, and reminded the Council that they are not speaking of private land, but public lands on the Harbor. He quoted a statement from a letter from the Department of Ecology to Bart Williams, Director of the EDC of Jefferson County, dated December 22, 1986. "It continues to be this Department's position that hotels are an inappropriate use for the State shorelines. Hotels are certainly not water-dependent nor water-related." He stated that since a hotel/motel convention center would be permanent in nature and could not be easily removed in the event that the need for the land changes, Port Watch felt it was unfair to ask the public to subsidize such a venture. He made reference to WAC 332-30-115 Harbor Area Use Classes, and stated that Port Watch and several other factions have joined together in preparing an injunction which will be filed in Superior Court against the Port of Port Angeles on or before Monday, March 26, 1990. He urged the Council to not rezone until a proper tenant for the land has been found. Bruce Hall, 228 West First Street, stated he has a vested interest in the rezone, as he is a small business-owner in the Downtown area. His primary interest and concern is to see that jobs are created in the Port Angeles area. He spoke in support of the rezone. Norlene Woodin, 817 Ridgeview Drive, submitted to the Council a petition signed by approximately 400 residents of Clallam County, which states: -5- 1576 CITY COUNCIL MEETING March 20, 1990 "We, the undersigned citizens of Clallam County, wish to inform the Port of Port Angeles, th~Fo~,~n§~les City Council, and the Department of Natural Resources, that we want an economically diverse Clallam County. Specifically, we are asking that the waterfront property at the base of Oak Street in Port Angeles, Washington, be rezoned to Light Industrial/Commercial and that the designated shoreline be moved to reflect the changes in the real shoreline since it was established in the last century. We also ask that a hotel/convention center be allowed at the location in question." Tom Jacobson, P. O. Box 40, Port Angeles, was against the rezoning of the property for several reasons, mainly because rezoning to CBD limits the land to a few people in a very small geographic area. Over the years, the Downtown has changed and the City. has to consider that Downtown, in the future, will be Eighth and Lincoln. Banks have moved into the area, City Hall has moved from the waterfront area, and the geographic area known as Downtown is no longer. Rezoning will limit the working area. He envisioned for the future a dock similar to those in Downtown Seattle core, stating the industrial docks are the only money-maker for the Port. The Port cannot continue to give away land and make money. Craig Whalley, 1000 Mt. Pleasant Road, owner of the Odyssey Bookstore, suggested that the best use for this property is a community municipal park site. He submitted an opinion survey prepared by Carolyn Browne Associates for the Port of Port Angeles that indicated that the majority of people in Clallam County would like to see this area used as a public recreational facility and that the property should be zoned to encourage this type of use. Dan Miller, 228 West First Street, submitted letters from the Port Angeles Chamber of Commerce, Tourism Convention Association of Clallam County, the Port Angeles Downtown Association and the Port Angeles Business Association, as well as a petition signed by several Downtown business merchants, supporting the rezone to CBD. Mr. Miller stated that the City already has parks and waterfront recreation accesses available to the public, whether within the City of Port Angeles or throughout Clallam County. He said the Downtown area needed an anchor for the west end of the CBD, and submitted a study done by N. G. Jacobson & Associates, Inc., completed in 1967. Stated in this summary is the need of a motel/convention center to anchor the CBD and bring in the tourism that compares directly to Victoria on the Oak Street property, and to take advantage of the vast flow of dollars and people going through the area. He questioned the present location of the Inner Harbor Line, stating the proposal, as submitted by the Planning Commission, rezones the property to CBD and then work will be started on moving the Inner Harbor Line out to the Harbor line. He did not feel it would be economically feasible to make Port Angeles Harbor a world-wide shipping harbor, as the City of Port Angeles is only 70 miles west of the I-5 corridor, with a waterway linking between. He proposed that the better industry for the City to enter into is the tourist industry, as it is the fastest-growing industry in the nation. Donald Rudolph, 1013 East Third Street, spoke in favor of the rezone and requested that the Council do what is best for the City of Port Angeles. Tim Haley, 1738 West Ninth Street, Vice-President of the Port Angeles Downtown Association, requested that the Council support continued diversification and continue to look toward the future. He stated that this area has been studied to death. He has sat on the Economic Development Council Committee reviewing the Oak Street property, but the same conclusion has always been reached, which is using the property for some type of transitional commercial use. Mr. Haley reviewed documents prepared in the past by planners and architects, outlining the history of downtown areas in the United States. He stated what the City has had in the past on the waterfront is chaos. Now we are trying to formulate a meaningful order. He stated it is time to move forward; to do nothing could mean the continued decay of the Downtown core and the disappearance of activity, and the eventual destruction of the heart of the City. Leaving the area zoned industrial leaves it in the state that it has always been, and that is like doing nothing. He urged the Council to vote in favor of the rezone, for it is a vote of the strong organization of the present and of the future. 3ohn Nelson, 1103 Grant Avenue, believed the logging industry and the fish products industry are among the biggest tourist attractions in the Downtown area, and he believed that the property should be adopted into the CBD, with '6- 1577 CITY COUNCIL MEETING March 20, 1990 the future provision of working toward an agreement with the Port: That the northern boundary of the CBD be compatible with the southern boundary of the extended Railroad Avenue, and theI property north of the southern boundary become a new zoning area where light industry is compatible with commercial and recreational development, all having to be water-related. Within the area there could be the extension of the Waterfront Trail and a viewing tower. He urged the Council to rezone the area to CBD with the caveat that the water edge be designated a new zoning area compatible with water-related uses. Carl Alexander, 1712 West Fifth Street, stated he is opposed to the rezoning of the Oak Street property from industrial to commercial, as it is not in the best interests of the Port District, and therefore not in the best interest of the citizens of the City of Port Angeles. He urged the Council to deny the rezone application and leave the area in its present zoning. Heather Hansen, 672 Reservoir Road, asked why the Downtown merchants did not fight to keep City Hall in the Downtown area if they are so worried about the future of the Downtown area, as well as the move of the Police Department and the Post Office. In rezoning this property to CBD, there would no longer be a buffer zone between the M-2 and the CBD zone. She believed that the property should be left industrial and not to infringe upon it. There being no further public comment, Mayor Sargent closed the public hearing at 9:06 P.M. Councilman Lemon questioned whether it would be possible to use the shoreline as the boundary for the Central Business District and leave the water as the boundary for M-2. Attorney Knutson responded that the staff would need to change the legal description to be put into a zoning code amendment ordinance. Councilman Lemon posed a question to Mr. Hendricks if the Port of Port Angeles was satisfied with the recommendation made by the Planning Commission. Mr. Hendricks stated the zoning which currently exists on the water-side of the Oak Street property, for the Port's purposes, leaves the most flexibility. However, as development occurs in the upland portion of the property, it will constrain the types of activities which can take place on the water-side. The Port is concerned, however, that if the Council should rezone to CBD, that there will be restriction on the kinds of water industries. Staff discussed with the Council the steps required to request moving the boundary of the Inner Harbor Line. Councilman Lemon moved to continue the item until the property line to the north is brought into the proximity of the new proposed Inner Harbor Line. Councilman Gabriel seconded the motion. Councilman Lemon, in speaking to his motion, stated the variable is concerning the Department of Natural Resources. The Council could take action on the rezone request; however, the Department of Natural Resources may deny the use of the property, or dependent uses. Councilman Wight stated he would be opposed to the motion, as action on the rezone is a logical first step, and then follow with a petition to change the Inner Harbor Line. Those actions, in combination, set forward a scenario to allow long-term possibilities for development of the land, as proposed. Councilman Lemon expressed his concern about the docks on the waterfront in this area, if they were to be in the CBD Zone, then the uses of the Zone would restrict the docks. Councilman Wight pointed out that if the Council does rezone the property to CBD, based upon the recommendation of the Planning Commission and the boundaries established in the Department Report, there is nothing to preclude the City from taking action to either modify the Zoning Code or rezone a portion of the property at a later date. In the meantime, there is nothing that jeopardizes any existing activities on the property, on either the water or the upland side, as they are all pre-existing uses and grandfathered in. He requested the Council not delay the action and take the appropriate steps. Councilman Hallett agreed with Councilman Lemon's concern to have the water side of the area changed to a zone which would allow optimum water-dependent use. However, the Council needed to act upon the rezone request first. Secondly, a request made and approval given for relocation of the Inner Harbor '7- 1578 CITY COUNCIL MEETING March 20, 1990 Line to a proposed new location, which would then form a boundary which could delineate between upland and water-related uses. The motion was voted on and failed,~ with Councilmen Gabriel and Lemon voting "Aye", and Mayor Sargent, Councilmen Hallett, Nicholson, Ostrowski, and Wight voting "No". Councilman Wight moved to concur with the recommendation of the Planning Commission to approve the rezone from M-2, Heavy Industrial, to CBD, Central Business District, with boundaries from Oak Street to the east side of extended Cherry Street, and north to the extension of the existing CBD in the Harbor area, citing the following findings and conclusions: Findings: (1) The zoning purpose of the Central Business District is to strengthen and preserve the Downtown and to increase public enjoyment of the shoreline; (2) The M-2 Industrial District is intended for areas where heavy industry could develop causing the least friction with other land uses; (3) Twenty-four (24) Comprehensive Plan policy statements and forty-four (44) Shoreline Master Program policy/regulation statements pertain to this proposed rezone; (4) A policy of the Port Angeles Comprehensive Plan states that industrial uses in the historic Downtown waterfront, approximately 1% blocks either side of Laurel Street, should be phased out; (5) A policy of~the Port Angeles Comprehensive Plan states that commercial development in Historical Downtown should re- emphasize its waterfront location (6) A policy of the Port Angeles Comprehensive Plan states that the City should provide areas adjacent to the Harbor for heavy manufacturing operations requiring water for some facet of their operation; (7) A policy of the Port Angeles Comprehensive Plan states that industrial uses involving nuisance and hazardous attributes such as noise, particulate matter, water, visual and odoriferous pollution should be encouraged to minimize the impact on adjacent uses and users; (8) A policy of the Port Angeles Comprehensive Plan states that development should capitalize on the scenic views and enhance the natural beauty of the community; (9) A policy of the Port Angeles Comprehensive Plan states that it is an economic objective to diversify the economic base of the community by developing new activities and expanding existing enterprises, thereby making the community relatively less dependent upon the forest products industries; (10) A policy of the Port Angeles Comprehensive Plan states that it is a land use objective to group together similar and functionally related land uses and to prevent land use conflict resulting from the unplanned intermingling of incompatible uses; (11) A policy of the Port Angeles Shoreline Master Program states that the location and design of industries, transportation facilities, port facilities, tourist facilities, and other developments shall receive favorable consideration when such developments are particularly dependent on their location on, or use of, the shoreline; (12) A regulation of the Port Angeles Shoreline Master Program states that emphasis shall be given particularly to water-dependent industrial and commercial uses requiring frontage on navigable waters; (13) A regulation of the Port Angeles Shoreline master Program states that priority shall be given to planning for public visual and physical access to water in the Urban Environment; (14) A regulation of the Port Angeles Shoreline Master Program states that to ensure maximum public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities, and, where practical, access points shall be linked to non- motorized transportation routes; (15) A regulation of the Port Angeles Shoreline Master Program states that favorable consideration shall be given only to those developments which are particularly dependent on their location and/or use of the shorelines and to other developments that will provide an opportunity for substantial numbers of people to enjoy the shorelines; (16) A regulation of the Port Angeles Shoreline Master Program states that new commercial development shall be encouraged to locate in those areas where current commercial uses exist; (17) A regulation of the Port Angeles Shoreline Master Program states that assessments shall be made of the effect a commercial structure will have on a scenic view significant to a given area or to an area enjoyed by a significant number of people; (18) A regulation of the Port Angeles Shoreline Master Program states that port facilities should be designed to permit viewing Harbor areas from viewpoints, waterfront restaurants, and similar public facilities which would not interfere with port operations or endanger public health and safety; (19) The eastern 165-foot portion of the site is paved and used now for parking and previously for a grocery store; (20) The westerly portion of the site is unpaved and used on an interim basis as a log storage area; (21) On the north side of the site is Port Angeles Harbor, including the Port's Terminal #4, a commercial fish pier; (22) The COHO Ferry Terminal, City Pier, and a variety of retail and hospitality businesses are located to the east, along Railroad Avenue; (23) Further to the east and south beyond Oak and Front Streets, is the historic Downtown Central Business -8- 1579 CITY COUNCIL MEETING March 20, 1990 District; (24) To the west of the rezone area is the K-Ply Mill operation and the City's Pump Station #4; (25) Except for the pier, there are no structures on-site; (26) The Comprehensive Plan Map on page 23 shows the subject property to be CBD commercial, while the map on page 24 shows the proposed area to be heavy industrial, and the illustrative Comprehensive Plan Land Use Map on page 28 shows commercial and industrial uses merging on this site; (27) The Port Angeles Shoreline Master Program encompasses over 10 miles of shoreline on the Strait of Juan de Fuca, including Port Angeles Harbor, with approximately miles of the shoreline used for industrial uses and 1/4 mile zoned for commercial uses; (28) The proposed rezone area would subtract about 470 feet (less than .1 mile) from the approximately 37,475 feet of industrial shoreline (a decrease of lZ), and add to the approximately 1,425 feet of commercial shoreline (an increase of 33%); (29) There have been numerous recent proposals for use of the subject property, including a hotel/motel facility, a marina, a convention center, a ferry terminal, expansion of the K-Ply Mill, an oil spill clean-up operation, and utility facilities; (30) In the Port Angeles Harbor Resource Management Plan, the proposed rezone area is located in Sub- Area 2, which contains the CBD-zoned waterfront; (31) Two of the recommended actions from the Harbor Plan are to develop a commercial/light industrial mixed use area between Oak and Cherry Streets and to construct a special purpose moorage facility in the Downtown area for vessels, such as tourist ships; Conclusions: (A) A rezone of the subject area to CBD would strengthen and preserve the historic Downtown and would increase public enjoyment of the shoreline, as well as serve regional transportation markets and tourism; (B) The proposed rezone area is sensitive to friction with other land uses and, therefore, less suited for M-2 users; (C) The transition between heavy industrial activities and pedestrian/tourist-oriented commercial activities serving public access to the waterfront is quite abrupt, even hazardous, and could be better planned and developed with transitional uses permitted in the CBD than M-2 zone; (D) The Port Angeles Comprehensive Plan and Shoreline Master Program policies and regulations support a rezone of the subject area to Central Business District; (E) The Port Angeles Comprehensive Plan would be implemented by this rezone to CBD from M-2, and industrial uses, two blocks west of Laurel Street, could be phased out, re-emphasizing the waterfront location of Historic Downtown; (F) The City does provide much of the area adjacent to the Harbor for heavy manufacturing operations requiring water for some facet of their operation; (G) The interim log storage industrial use of a portion of the site involves nuisance and hazardous attributes such as noise, particulate matter, water, visual, and odoriferous pollution, which are difficult to minimize the impact on adjacent uses and users; (H) Developments for CBD uses of this site could capitalize on the scenic views and enhance the natural beauty of the community better than for M-2 uses; (I) The rezone to CBD would help to diversify the economic base of the community by developing new activities and expanding existing enterprises, thereby making the community relatively less dependent upon the forest products industries; (J) The development of CBD uses on the site would group together similar and functionally-related land uses in the adjacent CBD area and would offer an opportunity to prevent land use conflict resulting from the interim log storage use and Downtown waterfront activities that have resulted from the unplanned intermingling of incompatible uses; (K) Planning for public visual and physical access to water can be better accomplished for commercial, particularly pedestrian/tourist-oriented activities, than industrial uses; (L) Other developments that will provide an opportunity for substantial numbers of people to enjoy the shorelines can be better accommodated by CBD than M-2; (M) New commercial development would be encouraged by the rezone to locate in the Historic Downtown waterfront where current commercial uses exist; (N) Less environmental assessment is made of the effect an industrial structure will have on a scenic view significant to a given area or to an area enjoyed by a significant number of people than for a commercial structure; (O) Port facilities can be more easily designed to permit viewing Harbor areas from viewpoints, waterfront restaurants, and similar public facilities which would not interfere with port operations or endanger public health and safety for commercial rather than industrial uses; (P) Portions of the site have been used previously for commercial uses and could be restored to preserve the Historic Downtown waterfront area with greater prominence in the community; (Q) The interim use of the proposed rezone area as a log storage area has shifted nuisance and hazardous conditions too close to the main Downtown, making the properties immediately south and east of the site less attractive and resulting in less commercial interest in their use; (R) New commercial development on the subject site is much more compatible with the COHO Ferry Terminal, City Pier, and a variety of retail and hospitality businesses located to the east, along Railroad Avenue, as well as the Historic Downtown Central Business District located further to the east and south beyond Oak and Front Streets, than new -9- 1580 CITY COUNCIL MEETING March 20, 1990 industrial development; (S) To the west of the rezone area, the K-Ply Mill operation and the City's Pump Station #4 are long-term industrial uses, which are ensured west of Cherry Str~i'~i!iii(T)~ Except for the pier, there are no structures on-site, which makes it easy to develop and more attractive for projects now; (U) The Comprehensive Plan Maps on pages 23, 24, and 28 show commercial and industrial uses merging on this site, and new uses that can provide the best transition between the K-Ply Mill and the Downtown waterfront should be permitted; (V) With the rezone, the City's industrial-zoned shoreline (68%) would be little affected by the 1% loss of an area only used on a temporary basis; and the commercial-zoned shoreline (less than 3%) would be significantly increased by a third, adding about 470 feet to the existing 1,425 feet of commercial shoreline; (W) There have been several substantial commercial proposals for use of the subject property, despite the industrial zoning of the property; (X) The Port Angeles Harbor Resource Management Plan would be implemented by the proposed rezone areas; (Y) The evidence, as indicated by the above findings and conclusions, shows that changed circumstances since the subject property was originally zoned industrial justify rezoning it to CBD; (Z) Based on the above findings and conclusions, rezoning the subject property from industrial to CBD bears a substantial relationship to the public welfare and is in the best interests of the public. Councilman Hallett seconded the motion. Councilman Wight, speaking to his motion, stated it is clear that the waterfront industry and tourist-related industries and activities can be mixed on the waterfront. He pointed out that the export industry is one where people from somewhere else spend money to get the product, and if the City and the Port do something to enhance tourism, that can be considered an export trade, or an export industry. Councilman Lemon voiced concern that the Council, in taking this action, may be limiting the focus and view, and narrowing the scope of the property. The motion was voted on and carried unanimously. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2573 AN ORDINANCE of the City of Port Angeles reclassifying property located west of Oak Street, east of Cherry Street (extended), and north of Front Street, from M-2, Heavy Industrial, to CBD, Central Business District, and amending the Official Zoning Map, Ordinance 2158. Councilman Gabriel moved to adopt the Ordinance as read by title. Councilman Hallett seconded the motion, which carried unanimously. Reconsideration of Extension of Retail Stand Permit in the CBD, Central Business District Mayor Sargent opened the public hearing at 9:52 P.M. Scott Hopper, 1324 O'Brien Road, the applicant for the Retail Stand Permit, asked Council why the permit was being reconsidered. Councilman Gabriel asked Mr. Hopper how long he had had two Retail Stand Permits on the waterfront. Mr. Hopper explained that this would be his second year; that during the previous year he had one main booth, which he shuffled between both sites, depending on the traffic patterns of the incoming and outgoing tourists. Mr. Hopper explained to the Council the various ways that his business promotes the Olympic Peninsula, as well as Victoria, B.C., to tourists. He stated he has a stand located in Victoria which promotes the Olympic Peninsula. He has a small radio station, and the two retail stands, as well as Home and Lands magazine, which he publishes. He also clarified letters from the Economic Development Council, the TCACC, and the Chamber of Commerce, submitted to the Council at the previous meeting, regarding their support of Olympic Van Tours. He stated it was not the intent of those letters to support one tourist organization over another. -10- 1581 CITY COUNCIL MEETING March 20, 1990 Joan Ulsky, 739 West Fourth Street, co-owner of Olympic Van Tours, thanked the Council for allowing the reconsideration of the Retail Stand Permit. She offered the Council background regarding Olympic Van Tours and the services they offer to tourists in the area. Glen Larson, 731 West Fourth Street, stated that Olympic Van Tours has been actively applying for a visible retail stand space since November, 1989, and during this process, had attended administrative hearings regarding Mr. Hopper's Retail Stand Permit and the extension of same. It is their intention to protest the misuse of permits, such as not using spaces on the waterfront; thereby preventing active use by another business, and also, the moving of the stand back and forth between two spaces. He referred to Section 17.80.060 of the Zoning Code, sub-section (E), which states that retail stands will be limited to one assigned location. He reviewed the administrative hearings decision and the findings of that decision to deny the permit and the subsequent denial of the permit by the Planning Commission. It was Mr. Larson~s opinion that the stands proposed by Mr. Hopper do not meet the requirements of the Retail Stand Code in that they are not varied uses, in keeping with the intent of the Retail Stand Ordinance. Mr. Larson believed that Olympic Van Tours could greatly enhance the diversity desired and provide an immediate service to tourists. Ms. Ulsky and Mr. Larson showed the Council a chart of businesses in the Railroad Avenue area which promote tourism in Victoria, B.C. Currently there are ten businesses. Ms. Ulsky also read for the record a letter written by Jerry Newlin to the Port Angeles City Council regarding the issue. The letter states, in part: "Having testified in opposition to Scott Hopper's original application for a second sidewalk stand permit, a year ago, my position is unchanged. I believe that at least equal consideration should be given to the prime location of sidewalk stands which promote activities in Port Angeles. The issuance of two prime location permits to the same party to promote activities in Victoria does not seem consistent with the intent of the Retail Stand Ordinance." She also read favorable comments written by customers of Olympic Van Tours. Mr. Hopper suggested to the Council that they increase the density in the area from 50 feet to 25 feet apart for the retail stands, as a solution to the problem. Sharon Hopper addressed the Council, pointing out that the businesses on the chart presented by Ms. Ulsky were not all retail stand sites. Also, that Olympic Van Tours has applied for a site and it was her opinion that she and her husband deserve the second site so they could get on with their business, as they have done a good job in the past. Pat Downie addressed the Council and requested that they try to create a win- win situation. He stated he believed there was too little public promotion of Port Angeles but wanted to see a diversity of activity on the waterfront. He suggested a compromise might be the changing of the density in the Retail Stand Ordinance. Councilman Hallett moved that the Council support the original decision to allow the extension of Hopper's Retail Stand Permit, and further to direct staff to prepare an ordinance revision to the Zoning Code for the Planning Commission at its next meeting, the intent to make a recommendation to the Council regarding increased density in the Zoning Code and allow addition provisions for the retail stand. Councilman Nicholson seconded the motion. Councilman Wight asked Planning Commission Chairman Cornell whether the issue of density had been discussed. Chairman Cornell responded it has been an issue which was discussed during previous discussions of the retail stand permits. The Commission concluded that the purpose of the Code is not necessarily reflected as best it could be in the writing of the Code. That issue and others were brought up and they are to be discussed at subsequent Planning Commission meetings. -11- 1582 CITY COUNCIL MEETING March 20, 1990 Councilman Gabriel stated that increasing the density may be a viable action to take; however, he still wa~ ~6~shr~,it was fair to allow more than one stand to a permittee. Councilman Lemon stated one of the primary issues in the creation of the Retail Stand Chapter was prime spots versus variety and diversification. He believed it was the intent of the Commission at that time to have dissimilar uses. Following discussion of the motion, the question was called and the motion failed, with Councilman Hallett voting "Aye" Councilman Lemon moved that each enterprise shall have one retail stand and that the density issue, plus the issues of diversity and promotion of Port Angeles, and how many permits a business owner can retain, be discussed by the Planning Commission and reported to the Council. Councilman Nicholson seconded the motion, and the motion carried unanimously. Councilman Nicholson moved to concur with the recommendation of the Planning Commission and deny the Retail Stand Permit, RTS-89(03)2 Hopper, citing the following findings and conclusions: Findings: (1) The applicant was previously approved two stands at two sites; (2) Use of both sites occurred over the past year with only one stand; the second stand was not constructed; (3) Another operator was turned down for a stand site when space was not available; (4) Stand separation requirements permit only four to six locations along Railroad Avenue; (5) The intent of the Retail Stand Chapter of the Zoning Code is to provide a varied use of the Downtown area by retail stands; (6) Both stands operated by the applicant are similar in nature; Conclusions: (A) Priority should not be given to applications for similar uses; (B) The proposal does not meet the intent of the Retail Stand Chapter of the Zoning Code to provide for a variety of uses; (C) The applicant should have the opportunity to choose which of the two existing sites he wishes to keep. Councilman Lemon seconded the motion, which carried unanimously. It now being past 10:00 P.M., Councilman Hallett moved to continue with the items on the Council's Agenda. Councilman Gabriel seconded the motion, which carried unanimously. BREAK Mayor Sargent recessed the meeting at 10:55 P.M. The meeting reconvened at 11:05 P.M. 2. Planning Commission Minutes of March 14, 1990 A. SHORELINE MANAGEMENT PERMIT - SMA-90(03)108 DEPARTMENT OF NATURAL RESOURCES 3.5 Miles North of Ediz Hook: A request for a shoreline conditional use permit in order to establish an unconfined, open- water dredged material disposal site in the Strait of Juan de Fuca Councilman Wight moved to concur with the recommendation of the Planning Commission to approve the Shoreline Conditional Use Permit, subject to the following conditions and citing the following findings and conclusions: Conditions: (A) The Washington State Department of Natural Resources shall annually provide to the Port Angeles Planning Department the following information: (1) The dates and times of all disposal events at the site; (2) A copy of the test data of the dredged material, including an interpretation of the data; '(3) A description of the physical properties of the dredged material; (4) A description of the site from which the material was dredged; and (5) The name of the dredging contractor and the tug captain; (B) The Washington State Department of Natural Resources shall, within ten (10) days of an event, notify the City of Port Angeles Planning Department of any violations of the Department of Natural Resources Dredged Material Disposal Requirements; Findings: (1) The proposed dredged material disposal site is located in an Urban Shoreline Environment and has been reviewed for consistency with the following chapters of the Port Angeles Shoreline Master Program: The Urban Environment Purpose, General Regulations and Land Use Elements; (2) The proposed dredged material disposal site is located within a shoreline of statewide significance and has been reviewed for consistency with the criteria for development in these areas as found in the Port Angeles Shoreline Master Program and the Shoreline Management Act; (3) The potential environmental impacts of the proposed dredged material disposal site have been reviewed through an Environmental Impact Statement prepared by the Washington State -12- 1583 CITY COUNCIL MEETING March 20, 1990 Department of Natural Resources and the United States Army Corps of Engineers. The final Environmental Impact Statement has been adopted by the City of Port Angeles, pursuant to WAC 197-11-600; (4) Public notice has been given, as required by the Shoreline Management Act, Chapter 90.58 RCW, and the Port Angeles Shoreline Master Program, Chapter 15.08 PAHC; (5) The proposal is for a dispersive, unconfined, open-water dredged material disposal site to be located approximately 3.5 miles north of Ediz Hook, at Latitude 48° Longitude 123° 24.86'; (6) The proposed dredged material disposal site would accommodate an anticipated volume of 285,000 cubic yards by the year 2000; (7) The proposed dredged material disposal site would be approximately 884 acres in area and have an average depth of 435 feet; (8) The proposed dredged material disposal site is required to comply with the Management Plan for unconfined open-water disposal prepared by the Washington State Department of Natural Resources and United States A~my Corps of Engineers; (9) Dredged material disposal sites are a use activity which is unclassified by the Port Angeles Shoreline Master Program and, therefore, must meet the conditional use criteria as found in WAC 173-14-140; (10) The Puget Sound Dredged Disposal Analysis Management Plan Report, Unconfined, Open-Water Disposal of Dredged Material, was prepared through a cooperative effort between the Washington State Departments of Natural Resources and Ecology, the United States Army Corps of Engineers and the Environmental Protection Agency; (11) Ail dredged material to be disposed at the proposed site must first meet criteria established by the Department of Natural Resources and Army Corps of Engineers for dispersive, unconfined, open-water disposal; (12) Dredging, including dredged material disposal, must comply with permitting requirements of the Army Corps of Engineers (Section 404 and Section 10 Permits), the Department of Natural Resources (dredged material disposal permit), the Department of Ecology (Section 404 water quality certification), and the Departments of Fisheries and Wildlife (hydraulics project approval); Conclusions: (A) The proposal is consistent with the purpose and policies of the Urban Shoreline Environment designation of the Port Angeles Shoreline Master Program; (B) The proposal is consistent with the review criteria for an unclassified use as found in WAC 173-14-140(1) and (2); (C) The proposal is consistent with the standards for development within a shoreline of statewide significance. Councilman Gabriel seconded the motion, which carried unanimously. B. PARKING VARIANCE - PKV-90(02)I - JOHN NELSON - 116 Railroad Avenue: A request to reduce the number of required parking spaces for a proposed antique mall located in the Central Business District (CBD) Continued to the meeting of April 3, 1990. C. ANNEXATION - ANX-88(06)l - RICHARD SCHNEIDER - Tumwater Truck Route/ Highway 101 West: A petition to annex approximately 23.21 acres of property located at the southern end of the Tumwater Truck Route into the City of Port Angeles This item has been continued to the April llth Planning Commission meeting. D. Acceptance of Minutes Councilman Hallett moved to accept and place on file the Planning Commission minutes of March 14, 1990, noting a correction to page 6. Councilman Lemon seconded the motion, which carried unanimously. 3A. Consideration of Parking Improvements to Assist Downtown Library Manager Flodstrom stated if the Council should direct the City to proceed with the joint purchase of property with the North Olympic Library System, to develop the property as parking, and be willing to enter into an agreement with NOLS for annual payment of funds over a ten-year period to cover the cost of improvements of the lot; at the end of that period, the City would have been responsible for the purchase of the property while the Library System would be responsible for the improvements. Manager Flodstrom requested direction or concurrence to proceed with the development of an agreement with the North Olympic Library System and to proceed with the purchase of the property. Mayor Sargent stated it was her opinion that the Library assume responsibility for the signage of the lot and the City should only be responsible to patrol it after Library hours for possible misuse. -13- 1584 CITY COUNCIL MEETING March 20, 1990 Jerry Cornell, Vice-President of the North Olympic Library System, addressed the Council on the issue, stati~g;th~'~tssue of liability must be addressed. Following a short discussion, Councilman Wight moved that the City Manager negotiate with the North Olympic Library System and bring back a draft agreement for approval. Councilman Gabriel seconded the motion, which carried unanimously. Councilman Ostrowski moved to authorize the City Manager to proceed with the purchase of the property located at the northeast corner of Second and Lincoln Streets. Councilman Hallett seconded the motion, which carried unanimously. 3B. Consideration of Amendment to Secondary Sewage Planning Grant Councilman Hallett moved to authorize the Mayor to execute Amendment #1 to the Department of EcologjfGrantWFG88-074. Councilman Gabriel seconded the motion, which carried unanimously. 4. Consideration of Contract With Clallam County Senior Center Councilman Ostrowski moved to approve the contract and to authorize the Mayor to sign the contract with Clallam County for Senior Services for the period January 1st through December 31, 1990. Councilman Lemon seconded the motion, which carried unanimously. 5. Consideration of Contract with Concept Administrators for Health Plan Claims Administration Councilman Hallett moved to approve the agreement and authorized the Mayor to sign the contract, after the claims account is established. Councilman Gabriel seconded the motion, which carried unanimously. 6. Consideration of Appointments to Remaining Vacancies on City's Board and Commissions and Confirmation of New Appointment to Senior Center Advisory Board The Council unanimously appointed Skip Berquam to the Parks, Recreation and Beautification Commission, and Kenneth Dooley to the Civil Service Commission. Confirmation of appointment to Senior Center Board: Councilman Lemon moved to concur with the recommendation of the Senior Center Board of Directors and Park Department staff that George Meiner be appointed to the Senior Board, and that Cliff Blazer and OrvHegseth be re-appointed. All are to serve for three-year terms. Councilman Gabriel seconded the motion, which carried unanimously. 7. Request for Approval of Civil Service Interview Board for Position of Firm Captain It was noted that Kenneth Dooley, who was recommended to be on the Board for the interview, was appointed to the Civil Service Commission and he should be separate from the interview process. Therefore, Floyd Young and William Anabel were suggested. Councilman Wight moved to approve the Interview Board for the Fire Captain promotional exam: Robert Coons, Personnel Manager of the City of Port Angeles; Don Fronsdahl, Battalion Fire Chief, City of Kent, for the technical - representative; and Floyd Young or William Anabel, community representative from the City of Port Angeles. Councilman Hallett seconded the motion, which carried unanimously. 8. Consideration of 1990 Salary Schedules (COLA) for IAFF #656, IBEW #997, Teamsters #589, and Management/Administration and Pool Employees Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2574 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by IAFF Local #656 for the period of January 1, 1990, through December 31, 1990, and providing for the payment thereof. -14- 1585 CITY COUNCIL MEETING March 20, 1990 Councilman Hallett moved to adopt the Ordinanceas read by title and authorize publication in s, ....... ary form. Councilman Wight seconded the motion, which carried unanimously. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2575 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by IBEW Local #997 for the period of April 1, 1990, through March 31, 1991, and providing for the payment thereof. GouncilmanLemon moved to adopt the Ordinance as read by title and to authorize publication in summary form. Councilman Nicholson seconded the motion, which carried unanimously. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2576 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the employees represented by Teamsters Local #589 (Clerk/ Dispatcher and Sworn Officer Units) for the period of January 1, 1990i through December 31, 1990, and providing for the payment thereof. Councilman Nicholson moved to adopt the Ordinance as read by title and to authorize publication in s,,mmaryform. Councilman Gabriel seconded the motion, which carried unanimously. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2577 AN ORDINANCE of the City of Port Angeles establishing a position classification and pay plan for Management, Administrative, Technical, and Confidential Clerical Personnel (Schedule A), fringe benefits (Schedule C), and establishing a pay plan for employees working at the City Pool (Schedule B), for the period January 1, 1990, to December 31, 1990, and providing for the payment thereof. Councilman Hallett moved to adopt the Ordinance as read by title to authorize publication in s,,mmary form. Councilman Ostrowski seconded the motion, which carried unanimously. 9. Consideration of Actions on Underground Storage Tanks Report from Utility Advisory Committee Councilman Hallett noted that the Utility Advisory Committee is recommending that the Council approve the work to be done for the underground tank removal at the Fire Hall, City Light, the old Police Station, the Landfill, the Elwha Pump Station, and the Corporation Yard, total cost estimated to be about $51,000. However, the Council needs to consider the development of a long-term fueling system at the Corporation Yard, which can be considered in the future. Councilman Hallett moved that the Council adopt the underground tank removal steps as outlined in the attached memorandum, marked Exhibit "A' and made a part hereof by this reference. Councilman Wight seconded the motion. Mayor Sargent asked whether Clallam Transit System would be paying for part of the removal of the underground storage tank at the old Police Station. Manager Flodstrom stated they will be responsible for half of the costs. -15- 1586 CITY COUNCIL MEETING March 20, 1990 The motion was voted on and carried unanimously. 10. Request for Utility Advisory Committee Meeting to Discuss Cost of Service Requirements for the Electrical Utility A meeting date was set for Monday, April 9, 1990, at 5:00 P.M. in the City Light Conference room. 11. Letter from Carl Alexander Requesting Council Adopt Procedure for Acceptance of Petitions from the Public Carl Alexander, 1712 West Fifth Street, stated at the City Council meeting on February 6, 1990, an attempt was made to present a petition from 295 citizens to the Council. However, the representative of the group was sent away with the petition in his possession. It was Mr. Alexander's position that this was an error for two reasons: First, there is a difference between accepting a petition and considering or acting upon a petition. He stated the right to petition one's government for a redress of grievances is a fundamental guarantee that every citizen has. Secondly, petitions are made to the government, not necessarily the elected representatives of the government. He requested that the Council, in the best interests of all concerned, adopt a formal method for accepting such documents in order to prevent similar occurrences in the future. Mayor Sargent stated that the time to petition is at the public hearing. That is when the public has the opportunity to do so, and in this instance it was not done in the correct time frame. Mr. Alexander stated he has a right to petition his government at any time he so chooses. Attorney Knutson responded that the City Council does have the right to determine when it is appropriate for the public to present its input. When the Constitution refers to petitioning for redress of grievances, this means input into the political process. The courts have said that for petitioning for redress of grievances includes all types of open communication, such as protest marches, petitions, speaking in public hearings, etc. There is nothing particularly special about a written petition~ The courts have also stated that in a judicial process, which also applies to quasi-judicial processes, there is a Constitutional requirement to comply with due process, and that is what the City Council was doing, on it's attorney's advice, when the particular petition was presented. The person presenting the petition was trying to present it after the public hearing had been closed but before the City Council had reached its decision, and that was not the appropriate time to do so. He further noted that a City Ordinance dated 1893 states: "The petition shall be filed with the City Clerk at least one day prior to any regular meeting of the City Council," So the City does have a formal process for accepting petitions and other types of information through the office of the City Clerk. No Council action was taken on Mr. Alexander's request. 12. Request from Port Angeles Downtown Association to Set Public Hearing for Consideration of Increasing Assessments in PBIA Gouncilman Lemon moved to set a public hearing for consideration of increasing assessments for the PBIA for the meeting of April 17, 1990. Councilman Gabriel seconded the motion, which carried unanimously. 13. Consideration of Renewal of Contract for Medical Program Director (MPD) for Medic One Councilman Lemon moved to authorize the Mayor to sign the contract for the Medical Program Director between the City of Port Angeles and the Clallam County Emergency Medical Services Council, Inc., for the period of January 1, 1990, through December 31, 1990. Councilman Gabriel seconded the motion, which carried unanimously. 14. Resolution Amending Fee Schedule for Police Department Mayor Sargent read the Resolution by title, entitled -16- 1587 CITY COUNCIL MEETING March 20, 1990 RESOLUTION NO. 3-90 A RESOLUTION of the City Council of the City of Port Angeles approving increases in fees charged by the Police Department. Councilman Hallett moved to pass the Resolution as read by title. Councilman Lemon seconded the motion, which carried unanimously. XI CITY COUNCIL COMMITTEE REPORTS/LATE ITEMS Mayor Sargent accepted a petition she had received from residents regarding the DelHur planned residential development. The petition reads: "To Port Angeles City Council, Planning Commission; "From concerned citizens for protection area quality of life: "Subject: Need for attention to negative impacts of unplanned excess growth. "We believe quality of life for current residents of the Port Angeles area should be your greatest concern. Your decisions should ensure maximum possible protection from air, water, and noise pollution, soil erosion, traffic problems, crime, inadequate and inappropriate recreational facilities, and other degradation to the environment for people, plants, and animals. We also ask that any decisions that could compromise our quality of life be made only with maximum effort at general public notification and opportunity for input." Additionally, letters were received from Viola Nixon and Robbie Mantooth. Councilman Ostrowski stated that he will be out of town attending a Clallam Transit conference April 3rd and 4th, and requested the Council excuse him from the April 3rd City Council meeting. Mayor Sargent noted that she has received the 1988 City of Port Angeles audit and it is available. She also noted that it was Duane Wolfe's last meeting and thanked him for his service to the City over the years. She also noted that she has been appointed by the Governor to the Council on Aging. XII ADJOURN TO EXECUTIVE SESSION The meeting adjourned to execute session at 12:07 A.M. to discuss three items of litigation and one item of labor negotiation. Approximate time, 20 minutes. XIII RETURN TO OPEN SESSION The meeting returned to open session at approximately 12:34 A.M. XIV ADJOURNMENT The meeting adjourned at approximately 12:35 A.M. CC. 143 -17- UNDERGROUND TANK REMOVAL STEPS Exhibit "A" ~ANK NUMBER AC~IV~Y RESPONSIBLE FUND ~OURCE COST 1 -FIRE HALL ] (2) ~ PUMP AND DISPOSE OF RESIDUE FROM TANK ADMIN. SERVlOE~ GENERAL $75.00 S.INERT EXISTING TANK(~O0 GAL DIESEL) FIRE FUND $20.00 C.CERTIFY THAT TANK CAN BE REMOVED FIRE D.EXCAVATE MATERIAL AROUND TANK AND REMOVE TANK PUBLIC WORK~ $1,800.00 E.TEST ~OIL AND CERTIFY TO DOE THAT SITE IS CLEAN FIRE $535.00 F.TRANSPORT 500 GA1 DIE~EL TANK TO CORP. YARD AREA FOR STORAGE PUSUC WORK~ $100.00 D. DISPOEAL OF TANK ADMIN. SERVICES H. BACKFILL SITE AND PAVE OVER AREA AFTER BITE IS CERTIFIED CLEAN PUBLIC WORK~ $1 ~qUBTOTAL $4,280.00 I 2.-crrY U,~HT J (3) A. PUMP AND DIBPOSE OF RE.DUE FROM TANK~ ADMIN. BERVICEB UGHT $155.00 S. INERT EXISTING TANK~2,000 GAL PREMIUM UNLEADED, FIRE FUND $200.00 5,0<Xl GAL REGULAR UNt. EADED) C. CERTIFY THAT TANKS CAN BE REMOVED FIRE D. EXCAVATE MATERIAL AROUND TANKS AND REMOVE TANKS PUBLIC WORKS $4,400.00 E. TEST ~OIL AND CERTIFY TO DOETHAT BITE IS CLEAN FIRE $535.00 F. TRANSPORT TANKS TO CORP. YARD AREA FOR ~TORAGE PUBLIC WORKS $200.00 G. DISPOSALOFTANK ADMIN. SERVICES $975.00 H. BACKFILL SITE AND PAVE OVER AREA AFTER SITE IS CERTIFIED CLEAN PUBUO WORK~ $4,40<3.00 SUBTOTAL $10,8~5,00 3-OLD POUCE STATION J (1) A. NOTIFY CLALLAM TRANSIT OF THE CITY'S PLAN FOR COMPLIANCE WITH UNDERGROUND TANK RULES ADMIN. BERVICEB 500/0 TRANSIT -- B.PUMP AND DISPOSE OF RESIDUE FROMTANK~(3TANKS S~ZE UNKNOWN) ADMIN. SERVICES 50'Ye GENERAL $150.00 C.INERT EXISTING TANKS FIRE FUND D.SLURRY FILLTANKS PUBLIC WORKS $5,600.00 E.TEST ~OIL AND CERTIFY TO DOE THAT SITE lB CLEAN FIRE $535.00 F.SITE CLEAN-UP PUBMC WORKS $50000 SUBTOTAL $5,785.00 I 4-L~NDFILL I {PWD) A. ARRANGE FOR THE REPLACEMENT TANK AND PUMP SYSTEM PUBLIC WORKS SCUD WASTE S.INSTALL REPLACEMENT FUELSYSTEM PUBUC WORKS FUND $11,500.00 C.PUMP AND DISPOSE OF RESIDUE FROM TANK ADMIN. SERVICES $$50.00 D.INERT EXISTING TANK(2,500 GAL DIESEL) FIRE $75.00 E.CERTIFYTHATTANK~CAN BE REMOVED FIRE F.EXCAVATE MATERIAL AROUND TANK AND REMOVE TANK PUBMC WORKS $1,500.00 G.TEST ~OIL AND CERTIFY TO DOE THAT SITE IS CLEAN FIRE $535.00 H.TRANSPORT TANK~ TO CORP. YARD AREA FOR STORAGE PUBUC WORKS $100.00 I. DISPOEALOFTANK ADMIN. SERVICF-~ $500.00 J.BACKFILL SITE AFTER SITE IS CERTIFIED CLEAN PUBUC WORKS $500.00 SUBTOTAL $14,960.00 5-ELWHA PUMP STATION (PWD) A.ARRANGE FOR THE REPLACEMENT TANK AND PUMP SYSTEM PUBMC WORKS WATER/SEWER -- B.INSTALL REPLACEMENT FUEL S~f STEMI2000 GAL. DIESEL) PUBUC WORKS FUND $10,000.00 C.PUMP AND DISPOSE OF RESIDUE FROM TANK $75.00 D. INERT E3(ISTING TANF42000 GAL DIESEL) FIRE $50.00 E.CERTIFY THAT TANKS CAN BE REMOVED FIRE -- F.EXCAVATE MATERIAL AROUND TANK AND REMOVE TANK PUBUCWORK~ $1.800.00 G.TEST ~OIL AND CERTIFY TO DOE THAT SITE lB CLEAN FIRE $535.00 H.TRANSPORT TANK TO CORP. YARD AREA FOR STORAGE PUBUC WORK~ $150.00 I. DISPOSALOFTANK ADMIN. SERVICES $600.00 J. BACKFILL SITE AFTER SITE IS CERTIFIED CLEAN PURUC WORKS $1,200.00 SUBTOTAL $14,410.00 I 6-CORPORATION YARD (4) A.ARRANGE FOR TEMPORARY FUELING SYSTEM ADMIN. SERVICES 50~ GENERAL S.PUMP AND DISPOSE OF RESIDUE FROM TANK FUND $225.00 C.INERT EXISTING TANK~(3,000 GAL DIESEl 5.000 GAL $250.00 REG. UNLEADED,5,000 GAL REG. UNLEADED) FIRE 50e/e E.R. D. CERTIFY THAT TANK~ CAN BE REMOVED FIRE FUND E.EXCAVATE MATERIAL AROUND TANK AND REMOVE TANK PUSLIC WORKS $8,000.00 F.TEST SOIL AND CERTIFY TO DOE THAT SITE lB CLEAN FIRE $535.00 G.TRANSPORT TANKS TO CORP. YARD AREA FOR STORAGE PUBUC WORKS H.DISPOSAL OF TANK ADMIN. SERVICEB $1,400.00 I. BACKFILL BITE AND PAVE OVER AREA AFTER SITE IS CERTIFIED CLEAN PUBUC WORKS $3,000.00 J.DEVELOP LONG TERM FUEUNG SYSTEM ADMIN. SERVICES $110.000.00 SUBTOTAL $123,410.00 GRAND TOTAL Note; NO engineering o~ contingency hal be~n figured into