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HomeMy WebLinkAboutMinutes 05/07/1991 1890 City Council Meeting Port Angeles, Washington May 7, 1991 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to SPECIAL MEETING: order at 6:05 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmen Cornell, Hallett (Arrived at " 7:20 p.m.), Lemon (Arrived at 6:06 p.m.), Nicholson, Ostrowski and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, M. Cleland, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, G. Kenworthy, L. Danks, J. Hordyk and Y. Ziomkowski. Public Present: B. Lesure, M/M K. Berg, M/M E. H. Vanwald, G. Childers, H. Holm, H. Lassus, G. Wester, B. Fahey, J. Childers, S. Moriarty, D. Hayward, E. Putman, R. Linkletter, P. Hayward, P. Richter, J. Richter, M. Wiggins, G. Wiggins, L. Fuller, K. Tisdale, B. Seaton, L. Binder, J. D. Patterson, T. Mulholland, B. Anabel, C. Carlson, J. & B. McPherson, B. Haselton, C. Shurland, L. Beil, M. Eikum, K. Eikum, T. Wood, A. Madsen, K. Tauscher, L. Saenz, M. Saenz, L. Clevenger, B. Clark, O. Sorensen, R. Sorensen, W. C. Rhoads, A. Mendigorin, and C. Nichols. INTERVIEW OF PARKS The City Council interviewed Pat McDonagh for a Parks Board vacancy. BOARD CANDIDATE: QUARTERLY Finance Director Godbey and Accounting Manager Ziomkowski presented the FINANCIAL REPORT: Quarterly Financial Report for the period ending, March 31, 1991. ADJOURN TO Due to the lateness of the hour, an Executive Session will be convened following EXECUTIVE SESSION: the regular Council meeting. RETURN TO OPEN The meeting returned to open session at 6:50 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to REGULAR SESSION: order at 7:01 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Dennis Longmier's Boy Scout ALLEGIANCE: Troop #1990. Members: Mark Wilson, Clay Ellinwood, Nick Kendal, Jason Cline, Jason Johnson, Tom Eykemans, Joey Longmeier, Sara Beth Anderson and Zack Warren. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: April 16, 1991, as written. Councilman Corneli seconded the motion. Mayor Sargent noted the last two lines on Page 1 of the draft minutes need to be deleted as they are duplicated on Page 2. A vote was taken on the motion, which carried by a majority vote, with Councilman Le~non abstaining. -1- 1891 CITY COUNCIL MEETING May 7, 1991 FINANCE: Progress Payment to 1. Requgst for Progress Payment (with change orders) to Dethur I~ for DelHur Industries, Landfill Construction of $169,613.82 and $~249.71 to Escrow. Landfill Construction Councilman Cornell moved to authorize Progress Payment No. 10, which includes Change Order No. 2, to Delhur Industries for landfill construction in the amount of $169,613.82, with $8,249.71 to escrow. Councilman Lemon seconded the motion. After limited discussion, a vote was taken on the motion which carried unanimously. Bid Award for Water/ 2. Consideration of Bid Award for Water/Wastewater Materials Wastewater Materials Councilman Ostrowski moved to award the bids for water/wastewater materials to the lowest responsive bidders: (1) Fire Hydrants - Familian N.W. - $5,756.74; (2) Waterl%Vastewater Pipes & Fittings - Pacific Water Works - $30,2692,4; (3) Water Meters - Pacific Water Works - $5,371.82, including sales tax and freight. Councilman Cornell seconded the motion which carried unanimously. Bid Award for 3. Cons/derat/on of Bid Award for Patch Truck Patch Truck Public Works Director Pittis reported the low bidder, H. D. Industries, Inc., had deviated from the bid specifications for the patch truck. It is, therefore, recommended that the bid be rejected. Councilman Ostrowski moved to reject the low bid of H. D. Industries for unacceptable exceptions to the specifications, and award the bid to the second low bidder, Northwest Manufacturing and Distribution, Inc., in the amount of $37,805.00. Councilman Nicholson seconded the motion which carried unanimously. Bid Award for 4. Consideration of Bid Award for Information Systems Equipment Information Systems Equipment The 1991 Budget includes funds for microcomputer equipment and software for several departments: Finance, Light, Public Works, Planning and the City Manager's office. At its meeting of March 5, 1991, Council had given approval to issue a call for bids for the equipment. Bid proposals were received with prices higher than estimated at the time of budget adoption. Therefore, some departments will need to transfer funding from other line items to cover equipment costs. In no case will this purchase result in expenditures in excess of total budgeted funds. Councilman Cornell moved to authorize the Mayor and City Manager to sign a contract with Pacific Office Equipment for the purchase of Epson microcomputers and with R & D Industries for AST laptops, Hewlett Packard laser printers and a large scale plotter, with the prices not to exceed those included in the recommendation and further, that the remaining four microcomputer bids identified be rejected for the reasons given in the analysis. Councilman Ostrowski seconded the motion which carried unanimously. Proposals for 5. Consideration of Proposals for Modifjn'ng Existing Heating~ Ventilation and Modifying Existing Cooling at City Hall Heating, Ventilation, and Cooling at Over the past year, City Light has been pursuing a solution to overheating and air City Hall stagnation problems in City Hall. With Council's concurrence, City Light has budgeted funds, engaged a consultant and solicited RFP's to implement the consultant's recommendations. The low bidder was Schmitt's Sheet Metal whose work will involve two subcontractors. Councilman Wight moved to award the bid for installation of an evaporate cooling air washer and associated modifications to the existing air handling and distribution duct system to Schmitt's Sheet Metal, Inc., in the amount of $38,085.74. The motion was seconded by Councilman Cornell. Councilman Wight asked that arrangements be made in the next budget cycle for the General Fund to reimburse a proportionate share of these expenses to City Light in view of the fact other areas will be benefitting from these changes in the air handling system. A vote was taken on the motion which carried unanimously. -2- 1892 CITY COUNCIL MEETING · . .... , May 7, 1991 CONSENT AGENDA: Councilman Hallett moved to accept the items listed on the Consent Agenda, as follows: (1) Request for out of state travel for Public Works Management Practices APWA MGMT.; (2) Request for out of state travel for National APWA Conference; (3) Correspondence from Washington State Liquor Control Board; (4) Vouchers of $2,315,458.33; (5) Payroll of 4-14-91 of $282,403.64; and (6) Concept Administrators - April - $57,711.27; YTD - $222,524.21. The motion was seconded by Councilman Nicholson. After limited discussion, a vote was taken on the motion which carried unanimously. ITEMS FROM THE Leonard Fuller, 420 E. llth, addressed Council with respect to an outstanding COUNCIL/AUDIENCE invoice due the City for expenses incurred in cleaning up Mr. Fuller's property. TO BE CONSIDERED/ In addition, Mr. Fuller requested he be advised in writing of further required PLACED ON THE repairs to the structure; Attorney Knutson assured Mr. Fuller such a AGENDA: communication would be forthcoming. Tom Keywood, 200 Blk. of W. 5th, addressed Council concerning zoning regulations on changes to already non-conforming structures. For purposes of clarification, Planning Director Collins indicated Mr. Keywood was referencing the discussion to be held later in the agenda, Item 4. Legislation, on Zoning Code Amendment ZCA 91(04)03. Mr. Keywood indicated he has some pending issues which cannot be resolved until action has been taken on the Zoning Code. Jim LaMore also addressed Council about the proposed changes in the zoning regulations and the need to have the amendments adopted as soon as possible. LEGISLATION: 1. Presentat/on of Yard of the Month Awards for May, 1991 Presentation of Mayor Sargent presented the Yard of the Month Awards for May, 1991, to: Ray Yard of the Month Barczewski, 1916 West 4th; Gene & Kristine Larson, 809 Juma Court; Walter & Awards Patricia Lohrer, 107 Oakcrest; Louie Howser, 123 West 9th; Dwight & Linda Waknitz, 222 West 10th; and John & Betty Fahey, 923 Benjamin. Proclamation - 2. Proc/amat/on - SENIOR CENTER WEEK, May 12-18. 1991 Senior Center Week, May 12-18, Mayor Sargent read a proclamation declaring the week of May 12-18, 1991 as 1991 Senior Center Week. Senior Center 3. Consideration of Council Membership on Senior Center Steering Committee Steering Committee Mayor Sargent referenced a request for the appointment of at least two Councilmembers to serve on the Senior Services Facility Steering Committee, as well as Council direction as to the make-up of the committee. Consideration was given to recommendations submitted by Lindberg Architects for representation from individuals and organizations, as well as representation from other groups in town, for example, service organizations, religious, banking, real estate, medical and others. In the ensuing discussion, Mayor Sargent and Councilman Cornell volunteered to serve on the Senior Center Steering Committee. Councilman Nicholson volunteered to serve as an alternate member. In terms of other committee membership, it was agreed staff would participate in - an advisory capacity. For the remainder of the committee membership, Council agreed to have the staff work with the Mayor in establishing a recommended Executive Steering Committee. A report will be submitted to Council in this regard at its next meeting. It was also agreed that a subcommittee can be appointed to be of additional assistance. Zoning Code 4. Zoning Code ,4mendmo~ - ZCA 91(04)03 - City of Port Angeles Amendment "Housekeeping" Amendment ZCA 91(04)03- Ordinance No. Mayor Sargent reviewed information pertinent to the above referenced Zoning 2636 Code amendment, wherein certain "housekeeping" changes had been approved by the Planning Commission to accommodate community needs. The proposal -3- 1893 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: included reformatting, clarification and definitions of various sections of the (Cont'd) Ordinance, as well as provisions for temporary signs for special events, return of public notice signs and clarification of the expansion of non-conforming facilities and uses. This matter had been addressed by Council at its meeting of April 16, 1991 and was subsequently referred back to the Planning Commission for findings and conclusions in support of the recommendation for approval. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2636 AN ORDINANCE of the City of Port Angeles amending the Zoning Code, Ordinance 1709, as amended, by del'ming the purpose of certain conditional use chapters, adding chain saw sales and service as a permitted use in the ACD and LI Zones, adding various types of conditional uses in the CSD-C Zone, allowing discretion to the types of conditional uses that may be permitted in residential, commercial and PBP Zones, regulating temporary signs, modifying enforcement and procedural provisions, and amending Chapters 17.10, 17.11, 17.18, 17.20, 17.26, 17.28, and 17.32, and Articles I, IV, VIII, IX, X, and XI. Councilman Cornell moved to adopt the Ordinance as read by title, citing the following Findings and Conclusions: Findings: (1) Zoning Code Amendments may be initiated by the Planning Commission and City Council, per Sections 9 and 10 of Article XI, Ordinance No. 1709, as amended (Zoning Ordinance); (2) The Planning Department identified several minor amendments of a housekeeping nature intended to clarify, reorganize, or imp/4~,v~.v. ,sps e~,c,' m .s?t~[.ol~ssecti.o of the Zoning Ordinance; (3) On April 16, 1991, the Plar.~a~c~":xT~'nducted a duly notified public hearing, in conformance with the requirements of the Port Angeles Municipal Code; Conclusions: (A) The amendments to Ordinance No. 1709, as amended, are in the public use and interest; (B) The amendments to the Ordinance are consistent with the policies of the Comprehensive Plan; and (C) The amendments improve and clarify the Ordinance format and provisions. and further, authorizing the City Clerk to publish the Ordinance by summary. The motion was seconded by Councilman Hallett and carried unanimously. 5. Public Hearings Rezone Request A. Rezone Request - REZ 91(04)01 - Kneller, 800 Block of Caroline REZ-91(04)01- Street: Request to rezone property presently zoned RS-7, Kneller Residential Single-Family to O~ Office Commercial Mayor Sargent opened the public hearing at 7:52 p.m. Ann Madsen, owner of Blocks 11, 12 and 13 on the north side of Caroline Street, addressed Council by stating opposition to the rezone request. Ms. Madsen expressed concern with potential traffic problems. Although Dr. Kneller presently wishes to build a home with an office not to include patient visits, Ms. Madsen felt the future use of the structure could be changed should ownership be transferred. Further, Ms. Madsen indicated property values would be lowered by such a rezone. Planning Director Collins reported a letter had been received from the Gilliland's expressing their wish to withdraw their property from the Kneller rezone. They did not wish to be restricted from reapplying for a rezone within the next year. Chuck Turner, 1207 E. 2nd, was present as a representative of the Gilliland's and offered to answer any questions Council may have. Mr. Turner indicated the hospital had expressed an interest in the Gilliland property for parking; however, they wish to approach this subject at a later date. -4- 1894 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: (Cont'd) There being no further public testimony, the public hearing was closed at 7:58 p.m. Councilman Nicholson moved to deny the rezone request without prejudice to the Gilliland property, citing the following Findings and Conclusions: Finflinos: (1) There are approximately 11.2 acres of OC-zoned land in the immediate proximity of the Hospital; (2) There is potential for conversion of less intensive uses, namely single-family residential and vacant land, to medical offices to serve the needs of the Hospital. There are 24 single-family houses on about 4.2 acres and about .9 acres of vacant land zoned OC; (3) Single-family residential units can, and have been, converted to medical offices; (4) Single-family residential units can, and have been, demolished to make room for new medical offices; (5) There are 5 houses to the north of this site, on property zoned RS-7, which would be isolated from other RS-7 areas if the rezone is approved; (6) The future traffic impacts from the conversion of existing residential and vacant land uses to offices on nearby residences is unknown. The proposed rezone would increase the potential for traffic impacts; (7) There is no evidence that the amount of property zoned OC is inadequate to serve the Hospital; and (8) The property is located on a one-block dead-end residential street. Conclusions: (A) The proposal is consistent with, but not necessary to achieve, the Comprehensive Plan Commercial Policy No. 16; (B) No circumstances have changed in the area which would indicate the original zoning of the property is no longer appropriate; (C) There are adequate amounts of land zoned OC to meet the needs of the Hospital for the foreseeable future; and (D) The rezone is not in the public use or interest. A vote was taken on the motion which carried unanimously. Conditional B. Cond/t/ona/ Use Permit Appeal - CUP 91(02)02 - Childers, Use Permit - Northeast corner of Georgiana/Eunice Streets: Appeal of Planning CUP 91(02)02 Commission decision to deny a condit~'onal use permit to allow a day care facility proposed to be located in a RS-7, Residential Single-Family District. Mayor Sargent opened the public hearing at 8:02 p.m. Darlene Ryan, 1217 E. 7th, addressed Council as Co-Chairman of the Youth 2000 Child Care Committee and Principal of Monroe Elementary. Ms. Ryan referenced a recently completed survey of over 1000 Port Angeles residents on child care wherein the results indicated there is a great need for child care in the community. She indicated this is an issue which must be addressed, as it is important to provide the children with safe, quality child care. Norma Turner, Chairperson of the Clallam County Council for Children, spoke in favor of approval of the day care center. She noted City staff had stated the center was consistent with the Comprehensive Plan and she urged Council not to deviate from that plan. Richard Hansen, 221 North Albert, advised Council the neighborhood is not anti- children, but rather is opposed to the center because of traffic increases and noise impacts. Steve Moriarty, attorney representing the neighborhood group opposing the day care facility, advised Council the group had prepared a presentation inclusive of testimony, exhibits, video, pictures and the like. The group addressed such issues as history, noise, traffic, the adverse effect of business on a residential neighborhood, the negative impact on the area Bed & Breakfast, day care alternatives which should be considered, financial aspects of the proposal, architectural design of the facility, the Zoning Code and the Comprehensive Plan. The opposition group's presentation was submitted by: Dan Hayward, 636 Georgiana; Peggy Hayward, 636 Georgiana; Glenn Wiggins, 702 Caroline; Glendia Witherow; Genevieve Miller; Marie Wiggins, 702 Caroline; Ed Vanwald, 708 Caroline; and Stephen C. Moriarty, Attorney at Law. Mary Davis, 736 E. Caroline, spoke in support of the day care facility by noting the location is a desirable place for such a facility. She felt the traffic impacts would not be as great as indicated. -5- 1895 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: (Cont'd) David Large, 635 Georgiana, indicated he does not wish to have this facility with children in the area. Suzanne Coleman, P. O. Box 3026, felt children are the most precious asset to the community. She indicated the traffic is not a problem. Because the day care facility is an extension of their homes, it is important for parents to feel the children are in a safe area. Karen Tauscher, 166 Atterberry Rd., Sequim, taught pre-school at Bo Baggins. She spoke in favor of the day care facility because of the definite need for such a facility. She also spoke in support of Jane Childer's abilities in managing day care. Ed Putman, Department of Social and Health Services, Division of Children and Family Services, addressed Council by expressing his high regard for Jane Childer's facilities and her abilities in administering to the needs of the children. He also spoke of her excellent managerial skills and indicated she does a superior job in her complaint-free facilities. He then addressed Council as to the many "hoops and hurdles" necessary in establishing a licensed day care facility. Debra Hinds, 1001 Mt. Pleasant Road, has two children presently being cared for at Bo Baggins. She addressed the positive aspects of the facility and encouraged Council's support of this application. Robert G. Linkletter, Architect for the applicant, 1324 E. 1st, reviewed for Council the proposed site plan and indicated the applicant has made every effort to follow staffs advice in terms of noise and traffic abatement. Mr. Linkletter indicated more thought would be required when asked by Councilman Cornell as to what the structure could be used for if the day care should cease to exist. Brief discussion was held as to Council's prerogative to establish certain requirements in conjunction with the facility design, noise abatement, etc. Lorraine Ross, 418 E. Front, spoke in support of the day care facility by noting there are many schools in City residential areas and this is definitely a type of school. Jerry Childers, 3235 Durrwachter Rd., indicated the day care facility would meet certain requirements as set forth by the City. The environment will be controlled and the ratio of staff to children is such that all activities would be closely supervised. Jean Hordyk, 1122 E. 9th, questioned Council as to why the applicant is seeking a Conditional Use Permit. Her questions were answered by Councilman Wight. Jane Childers, 3235 Durrwachter Rd., reviewed her plans to construct a quality facility for seventy children in a residential area. She felt the children need to be cared for in the area in which they reside. She referenced the present crisis in Port Angeles in terms of day care and urged Council to cast a vote approving the application. James Clark, 618 Victoria, expressed the opinion that the opposition is not being selfish, but rather is kind and thoughtful. He felt the day care facility could be placed elsewhere and he asked Council to agree with the decision of the Planning Commission. Irma Schneider, 221 Whidby, supports family issues in this community and felt City Council should prioritize the issues and support the application. Guy Tauscher, a resident between Sequim and Port Angeles, views the day care facility as an improvement of the neighborhood. The proximity to the hospital, mill and other businesses make it more convenient to parents. Vicky Holman, 1339 W. 6th, an employee of Jane Childers, spoke to the positive nature of Jane Childers' other facilities and the positive atmosphere for the children. She expressed the opinion this particular location is the most suitable for the day care facility. -6- 1896 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: There being no further testimony, the public hearing was closed at 9:55 p.m. (Cont'd) ~ ·.: · '~ Mayor Sargent recessed the meeting for a break at 9:56 p.m. The meeting reconvened at 10:14 p.m. Council then addressed itself to the issues introduced: traffic, appearance of the building and compatibility with the neighborhood, need for day care in the community, the future use of the structure, Ms. Childer's abilities as a day care provider, noise, the Zoning Code and the Comprehensive Plan, and the definition of "neighborhood". In the ensuing discussion, Council considered certain requirements which could be put in place to assure compatibility with the neighborhood. After lengthy discussion, Councilman Hallett moved to approve the Conditional Use Permit and uphold the appeal, citing amended Conditions 1 - 10, Findings A - C and Conclusion 1, as follows: Conditions: (1) Hours of operations shall be between the hours of 6:45 a.m. and 5:45 p.m., Monday through Friday; (2) The project shah meet all State Department of Social and Health Services (DSHS) requirements for a family day care center, and, unless the DSHS standards are more restrictive, the maximum number of children shall not exceed seveniy (70) on-site at any one time; (3) Compliance with all State and local Fire Codes must be met. Inspection by the Fire Department prior to occupancy is required; (4) Per Parking Ordinance #1588, as amended, a minimum of ten (10) off-street parking spaces shah be provided. Design of the parking lot shall be consistent with Ordinance requirements and Public Works Department standards. In addition, the parking lot shall incorporate the following features: (A) Circulation shall be one- way with ingress and egress on Georgiana and Eunice Streets; (b) Two loading spaces shall be provided on-site. Loading spaces shall be adjacent and parallel to the one-way drive aisle and have minimum dimensions of ten feet by twenty feet each; (5) Sidewalks are required on Georgiana and Eunice Streets; (6) A storm drain plan for the parking lot, including building downspouts, shall be submitted and approved by the Public Works Department; (7) A fence and an approved landscape plan shall be provided; (8) If, after one year, the permittee does not comply with the permit requirements and conditions, the permit may be reviewed or revoked by the Planning Commission; (9) The Facility shall be designed as a residential structure, compatible with existing homes; and (10) The play area shah be located in the northeast part of the property to provide maximum noise buffering. Findimts: (A) This location is physically suited for a day care center; (B) The proposed use is consistent with the City of Port Angeles' Residential Policies of the Comprehensive Plan; and (C) While traffic and noise will increase in the near vicinity, the proposed use will not adversely affect the health, safety, morals or welfare of the surrounding neighborhood. Conclusion: (1) A family day care center on this property, as conditioned by this permit, will not adversely affect the surrounding properties and can afford a residential home-like environment for children, which is in the public interest. The motion was seconded by Councilman Wight. Councilman Lemon spoke in opposition to the motion based on unmitigated traffic impacts and the fact this will serve as a commercial site. Councilman Cornell expressed ongoing concern with the traffic impacts as well. Councilman Wight indicated these concerns could apply to other areas of the community in much the same fashion. After considerable discussion, a vote was taken on the motion which carried by a majority vote, with Councilmen Hallett, Wight, Nicholson, and Cornell voting "Aye", and Councilmen Lemon and Ostrowski voting "Nay". Mayor Sargent recessed the meeting at 11:25 p.m. The meeting was reconvened at 11:30 p.m. Planning Commission 6. Planning Commission Minutes of April 24, 1991 Minutes April 24, 1991 Councilman Hallett moved to accept and place on file the Planning Commission minutes of April 24, 1991. The motion was seconded by Councilman Lemon and carried unanimously. -7- 1897 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: (Cont'd) Councilman Wight moved to deter Agenda Items No. 12, 14 and 16 to the May 21, 1991 meeting of the City Council. The motion was seconded by Councilman Lemon and carried unanimously. Correction - 7. Correction to Conditions, Findings and Conclusions for Del Hur Planned Del Hur PRD Residential Development - Del Guzzi Drive Upon reviewing the final Conditions, Findings and Conclusions for the Del Hut PRD, staff noted the applicant, in reducing the number of units in the PRD, had changed the lot numbering. However, not all those corrections were made in the Conditions, Findings and Conclusions. Corrections were offered at this time, along with an added sentence to Condition No. 4 for purposes of clarification. Councilman Hallett moved to adopt the following corrections to the Conditions, Findings and Conclusions for the Del Hur Planned Residential Development: Conditions: (4) Reduced lot sizes (not less than 7,000 square feet) shall be allowed, as proposed; however, setbacks shall conform to the underlying RS-9 Zoning District except as noted on the plan submitted March 28, 1991, for Lots 3 - 10 and 13 and 14, andfor attached single-fami~_ sid~_ard waivers; (12) The trail, as described in Condition #2, shall be located entirely on Lot 2; and (13) Lot 2 subdivision configuration shall be changed to encompass the Ennis Creek buffer area west of the Creek for areas within Lots 1, 3-8, and 16. Findings: (21) The location of the 36-unit building on Lot 3/is prominent to the travel corridor of Del Guzzi Drive and uses found on other lots in the PRD. Conclusions: (M) The overbearing character and scale of the 36-urdt structure on Lot 3/has been redesigned to avoid dominating the residential environment being created for the PRD. Councilman Wight seconded the motion which carried unanimously. Street 8. Consideration of a Resolution Setting Public Hearing for Consideration of Vacation a Street Vacation Petition - STV 91(06)01: Taylor - Portion of Fourth Petition - Street in Ben Chambers Addition Resolution No. 12-91 The petition submitted for a vacation of a portion of Fourth Street in Ben Chamber's Addition has been determined valid. It is recommended that Council adopt a resolution setting a public hearing for June 18, 1991, and refer the matter to the Planning Commission for a recommendation. Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 12-91 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate that portion of Fourth Street abutting Lot 16, Block 3, Ben Chamber's Addition, TPA. Councilman Ostrowski moved to pass the Resolution as read by title. Mayor Sargent noted a correction to Paragraph 1 of the Resolution, wherein Sixth Street should be changed to Fourth Street. Councilman Hallett seconded the motion which carried unanimously. Abatement of Public 9. Consideration of Resolution for Abatement of Public Nuisances - Public Nuisances - Comment Resolution No. 13-91 Staff provided Council with a revised Exhibit "A" list of public nuisances which included four properties. Mayor Sargent inquired as to whether there was any public comment pertinent to these properties. There being no public comment, Mayor Sargent read the Resolution by title, entitled -8- 1898 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: RESOLUTION NO 13-91 (Cont'd) . A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Councilman Ostrowsld moved to pass the Resolution as read by title. The motion was seconded by Councilman Nicholson and carried unanimously. Intent to Form 10. Consideration of Resolution of Intent to Form LID on 5th Street West of LID - Penn Resolution No. 14-91 The City Council had previously authorized the Public Works Department to proceed with the preliminary engineering necessary to bring a resolution back to Council to establish the 1600 Block of East Fifth Street Local Improvement District. The Public Works Department has completed the preliminary engineering necessary to determine the feasibility of the street reconstruction, and it is recommended that Council declare its intention to form the 1600 Block of East Fifth Street LID and fix the date of June 4, 1991, for a hearing on the Resolution of Intention. Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 14-91 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the intention of the City Council to order the improvement of a certain area within the City by doing street improvement, and by doing all other work necessary in connection therewith, and fixing a time, date, and place for a hearing on this resolution of intention. Councilman Ostrowski moved to pass the Resolution as read by title. The motion was seconded by Councilman Lemon and carried unanimously. Assessment Roll 11. Consideration of Resolution Setting Public Hearing on the Assessment Roll for LID No. 211 - for LID 211 - DelGuzzi Ddve Resolution No. 15-91 The construction project for LID 211 - DelGuzzi Drive has been completed in accordance with the plans and specifications and all the final costs are known. It is recommended, therefore, that Council establish the date of June 4, 1991, for a public hearing on the Assessment Roll for LID 211. Mayor Sargent read the Resolution by title, entitled RESOLUTION NO. 15-91 A RESOLUTION of the City Council of the City of Port Angeles, Washington, f~xing the time and place of hearing upon the assessment roll for Local Improvement District No. 211. Councilman Lemon moved to pass the Resolution as read by title. The motion was seconded by Councilman Hallett and carried unanimously. -9- 1899 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: (Cont'd) Appointment to 12. Consideration of Appointments to Vacancies to Parks Board Parks Board Vacancies This item was deferred to the May 21, 1991 meeting of the City Council. General Service 13. Consideration of Ordinance Modifying General Service Rates and Adopting Rates - New Rate a New Rate Schedule Schedule - Ordinance No. City Light Director Titus reviewed certain issues pertinent to modifying the 2637 general service rates. A peak demand charge is assessed on some of the larger customers in order to assign costs associated with meeting peak power usage during any given month. The proposed Ordinance is intended to clarify which general service customers are to be charged for peak demand, with the intention that only those customers requiring 100 KVA of transformer capacity (which corresponds to 165 KVA of connected load) should qualify for the demand rate. Also included in the proposed Ordinance is a time-of-use (TOU) meter which will exclude off-peak hours from the peak demand charge for General Service Demand customers. It is recommended the City follow Bonneville Power's lead and not charge for peak demand during the hours of 10:00 p.m. to 7:00 a.m., Monday through Saturday. Since a TOU meter typically costs more than a standard demand meter, it is recommended that a customer choosing the TOU meter repay the cost difference to the City at $5 per month until the entire difference is eliminated. Director Titus also reviewed a recommendation concerning the negative impact of the last rate change on several general service customers. It is felt that a separate cost-based rate for nonprofit tax-deductible customers offers the best solution. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2637 AN ORDINANCE of the City of Port Angeles altering the rates for the sale of electricity and establishing a separate rate classification for nonprofit tax-deductible organizations; amending Section 9 of Ordinance 2054, as most recently amended by Section 2 of Ordinance 2608; amending Section 3 of Ordinance 2608; amending Sections 13.12.040 and 13.12.041 of the Port Angeles Municipal Code; and adding a new Section 13.12.042 to the Port Angeles Municipal Code. Councilman Hallett moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Nicholson. After limited discussion, a vote was taken on the motion which carried unanimously. Salary Revisions 14. Consideration of Orch'nance Revising Salaries of Elective Officials for Elective Officials This item was deferred to the May 21, 1991 meeting of the City Council. Agreement with 15. Consideration of Agreement with Clallam County Economic Development Clallam County Council Economic Development During the 1991-92 budget process, the City Council had authorized a funding Council level for the Clallam County EDC in the amount of $12,500. The proposed agreement reflects the same language as in past agreements; however, language has been added to the second page wherein the City will provide, by in kind services, an amount not to exceed $1,250. In kind services will include the Contractor's use of a City SCAN line, copy machine, and office supplies. The in kind services have been made available by the City since the inception of the EDC. -10- 1900 CITY COUNCIL MEETING May 7, 1991 LEGISLATION: (Cont'd) After limited discussion, Councilman Wight moved to authorize the Mayor to sign the agreement with the Clallam County Economic Development Council in the amount of $12,500, to include in kind services not to exceed $1,250, for the period, January 1, 1991 through December 31, 1991. The motion was seconded by Councilman Cornell and carried unanimously. Employee 16. Presentation and Discussion of 'Ernployee Suggestion Program~ (ESP) Suggestion Program This item was deferred to the May 21, 1991 meeting of the City Council. (ESP) CITY COUNCIL Councilman Wight summarized a recent occurrence at the City Pool at which time COMMITTEE an elderly gentleman was in need of emergency care. Councilman Wight extended REPORTS/LATE his compliments to the City personnel for the prompt and efficient medical care ITEMS: extended to this gentleman. Councilman Cornell addressed a presentation made at the last Council meeting by Mr. Cliff Aldrich for a destination separation facility for solid waste. The matter had been referred to the Utility Advisory Committee for review. Since that time, a letter had been sent to Mr. Aldrich advising him the City does not feel it is appropriate to pursue the project. Councilman Cornell questioned whether this matter should have returned to Council for consideration prior to the time any communications took place with Mr. Aldrich. In the ensuing discussion, it was agreed the matter should, in fact, have been returned to Council. In addition, Public Works Director Pittis reviewed the discrepancies between information Mr. Aldrich submitted on grant funds available and the information City staff received from D.O.E. Councilman Hallett briefly reviewed the last meeting of the Utility Advisory Committee. The Committee had discussed Light Fund reserves. Reference to this matter is made in the Issue Paper included in the Information Agenda packet. Mayor Sargent requested that the Library Parking Lot be added to the City's Goals & Objectives. Public Works Director Pittis briefly reviewed the status of the project, which includes a portion in the demolition specifications having to do with asbestos removal. Councilman Lemon requested information as to how the demolition will impact the budget. The project will be the first such project to receive funding via the Public Works Trust Fund. ADJOURN TO Mayor Sargent adjourned the City Council meeting to Executive Session at 12:00 EXECUTIVE SESSION: Midnight for approximately one-half hour to discuss labor negotiations and matters of litigation. RETURN TO The City Council meeting returned to open session at approximately 1:14 A.M. OPEN SESSION: ADJOURNMENT: The meeting adjourned at 1:15 A.M. CC.213 -11-