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HomeMy WebLinkAboutMinutes 05/17/1988I CALL TO ORDER Mayor McPhee called the meeting to order at 7:00 P.M. II PLEDGE OF ALLEGIANCE III ROLL CALL The Pledge of Allegiance was led by Dan Blevins, Leader, and the Tiger Cubs, Pack #459. Members: Cody Blevins, Jared Blevins and John Danks. Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, Sargent, Stamon. Members Absent: Staff Present: Public Present: S. Rowland, Wessler, L. Kendall, H. E. Johnson, IV MINUTES V FINANCE None. CITY COUNCIL MEETING Port Angeles, Washington May 17, 1988 1013 Manager Flodstrom, Attorney Knutson, Clerk Maike, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, S. Hursh. D. McKiernan, R. Taylor, E. Hansen, J. Briggs, B. J. Montgomery, S. Levedt, P. Berglund, M. Rosbach, C. Lamb, V. Fitzpatrick, W. Quast, K. L. Rose, M. Merrick, L. Sunny. Councilman Sargent moved to accept and place on file the minutes of the May 3, 1988, regular meeting of the Port Angeles City Council. Councilman Lemon seconded. Mayor McPhee offered a correction to Register Page 1009, third paragraph from the bottom, adding the word "already stating: "Mayor McPhee commented the operation is already regulated by the State, but he was in favor of the motion. Also, Register Page 1011, sixth paragraph, last sentence, add the word "help to read: "He felt this would hell) keep control of the money." On call for the question, the motion carried. 1. Consideration of Bid Award for Janitorial Services Councilman Lemon moved to recommend Option No. 2, with modifications, leaving Vern Burton Gym and the Senior Center with the current facility caretaker and custodian, dividing the contractual amount, awarding $24,350 to Larry's Janitorial Service for the City Hall Complex and windows; awarding American Building Maintenance Co. $6,797.04 for the Light Building, Second and Valley, the Service Garage, Corp Yard, including the windows, bringing the total amount to $83,791.04. In `'stating his reasons, he favored giving the contractual amount to private citizens versus labor, as he felt this was more of a custodial type of service, which is more of a private business function. Councilman Stamon seconded for purposes of discussion. Councilman Lemon pointed out that the only additional duties for the present custodial staff would be taking care of the Parks offices. Councilman Hallett, directing a question to Parks Recreation Director Brodhun, asked what impact this recommendation would have on our present manpower utilization; specifically, would the present staff be maintained or re- allocated. Director Brodhun replied that we would be keeping the same staff levels that we currently have. Councilman Sargent asked if the contractors were satisfied with the way the bid was awarded. Director Brodhun replied that Larry's Janitorial Service was satisfied, as was American Building Maintenance. 1014 CITY COUNCIL MEETING May 17, 1988 Councilman Hallett asked that Councilman Lemon clarify his reasons for making the motion. Councilman Lemon stated that in dividing the contract, there was over $2,000 in savings. On call for the question, the motion carried. 2. Request Payment to Riddell. Williams of $13.884.85 for Leaal Representation on the WPPSS Issue Councilman Stamon moved to authorize payment to Riddell, Williams in the amount of $13,884.85 for legal representation on the WPPSS issue. Councilman Gabriel seconded and the motion carried. VI CONSENT AGENDA Councilman Stamon moved for adoption of the Consent Agenda as presented, including (1) Request permission to call for bids Golf Course Road Project; (2) Correspondence from Washington State Liquor Control Board; (3) Vouchers of $314,849.66; and (4) Payroll of 5 -1 -88 of $221,731.05. Councilman Hallett seconded. On call for the question, the motion carried. VII ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Duncan McKiernan, Director, Port Angeles Fine Art Center, 1133 East Eighth Street, announced that the Fine Art Center would be having extended hours through the month of June, Thursday through Sunday, 11 AM to 5 PM. He also stated that if this was favorably attended, they would be considering extending hours through the months of July and August, also. VIII LEGISLATION 1. Request from Stevens Middle School History Day Funding Tom Leinhart, teacher, and Peter Barrett, student, requested Council to support efforts of students at Stevens Middle School to raise funds in order to attend the National History Days Contest in Washington, D.C., on June 1st. They hoped that the City would consider matching funds raised by the student projects, up to $1,200. The students would be representing the City of Port Angeles History in their presentation of a play entitled "Scalawags and Frontier Dreams Create Second National City Councilman Stamon commended the students for their hard work on the project. She offered a motion that the Council would agree to designate matching funds, up to $1,200, to be used by the students to travel to Washington, D.C., to attend the National History Contest. Councilman Hallett seconded. Speaking to her motion, Councilman Stamon made reference to a policy the Council had passed regarding financial assistance for members of the commuftity. She stated youth is given top priority in the policy and that the requesting organization must be recognized as well as established. She felt that the requesting organization met both of those qualifications. She urged Council to support the motion. Councilman Gabriel, directing a question to Manager Flodstrom, asked if the funds would be allocated from the Hotel /Motel Tax Fund. Manager Flodstrom stated that he would rather it did not come from Hotel /Motel Tax, but from the Current Expense Fund. Further, he suggested that Council enter into a contractual agreement with the School District, specifically indicating the purpose of the money. Councilman Stamon agreed to make that part of her motion. Councilman Hallett concurred. Councilman Sargent commended the students in their efforts with the History Days and concurred with the motion. Councilman Hesla also agreed with the motion. He spoke in support of the students and wished them luck. On call for the question, the amended motion carried unanimously. ADVER FSEMENT FOR BIDS City of Port Angeles GOLF COURSE ROAD FAM M- 7535(1) Project No. 80 -15 Sealed bids will be received CCllerk the elifice of the at 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington 98362, until 2 and l P.M June 28, arils not later, mad will o d, publicly at that tim in the City/ Council tfatrsr. Ttib contemplated work to be performed under this contract consists of excava- tion, removal and construc- tion of curb and gutter, con- struction of sidewalk, place- ment of rock wall, asphalt concrete Class B, pavement markings, installation of storm sewer system, trench excavation for the City of Port Angeles, and other work, all in accordance with plans, special provisions and starrd specifications. Waded plans and spec- ifications may be obtained from the office of the City Engineer, City of Port Ange- les, upon payment of a non- refundable fee of $25.00 (twenty -five dollars). Bidders shall be qualified for the type of work proposed. A Bidder's Construction Ex- perience Form is included in contract documents. All proposals or bids shall be trotted on the pres- cribed and in the man ner as indicated in the Pro- posal Requirements and Conditions and said propos- als or bids shall be accom- panied by a bid proposal de pest in the form of a cash pastel money or- surety bond in the of ffve percent (5%) the total amount of the proposal or bid. If a surety bond is used, said bond shall be issued bY. a o t e City, to postpone the acceptance of proposals or bids and the award of the contracts for a period not to exceed thirty (30) days, or to end a l or any received and further adver- tise the project for bids. When awarded contracts, the successful bidder shall promptly execute contracts and shalt furnish bonds of faithful of the corittacja in the full amount of the xtract prices. Bids must be seated with the outside` of the envelope tltb kgf 810 OPENING DATE (June2,8, 1988) PROJECT (80- 15 Golf Course Road). Name and. address of the bidder should also appear on the outside of the envelope. Bids i 4 be addressed to the alit u 321 East Fifth O.' Bo 1154. -Port 98362. Pittis, P.E. ib kc Works ORDINANCE NQ. 2487 AN ORDINANCE of the City of Pbrt Angeles vacating that portion of Second Street abutting Lots 7 and 8, Block 52, Townsi a of Port Angeles. WHEREAS, a petition is on file with the City of Port Ange- les to vacate that portion of Second Street abutting Lots 7 and 8 Block 52, Townsite Port Angeles; and WHEREAS, the requirements of Chapter 43.21C RCW, the State`ironmental Policy Act, have been met and a public hearing has been held by the City Council following public notice pursuant to Chapter 35.79 RCW; and WHEREAS; said vacation appears to be of benefit to and in the interest of the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1 Vacation: Subject to the terms and conditions of Altis,D dutance, the Wowing cfescrIbed portion of a street is fi reby vacated: Thatportion of Second Street abutting Lots 7 and 8, Block 52Tovyr►Site of Port Angeles, Clallam County, Washington. Section 2 Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of this portion of Second Street is $402.50, Section 3 Easement Reserved and Conditions Attached. Pursuant to RCW 35.79.030, the City of Port Angeles here by retails an easement over the south ten (10) feet of the vacated righ -of -way for the construction, repair and main- tenance of a pedestrain public access trail. This street vacation shall be subject to the following conditions: A. Provision of a 5 -foot public access easement for a trail on the north 5 feet of Lots 7 and 8, Block 52; trait on the south 10 feet of the Second Street right -of -way abutting the peritioners' property; and C. Thet`deed to the Second Street right -of -way require that the property be maintained in an environmentally safe manner, to prevent erosion and other safety problems. Sections 4 Quit Claim Deed. Upon compliance with the terms -and conditions of this Ordinance, the owner of abut- ting property entitled to the vacated street, pursuant to RCW 35.79.640, may present a quit claim deed to the City of Port Angeles for execution by the Mayor, who is hereby authorized and directed to execute such quit claim deed. Such quit claim deed shall include all reservations, condi- tions, or other qualifications upon the title established by b tive' Date. 'Phis Ordinance shall be effective only upon the satisfaction of the terms and conditions of this Qrdi nce, and the Clerk is hereby directed to file, record artg publish this Ordinance upon that satisfaction. PASSED by the City Council of the City of Port Angeles at a regular Meeting of said Council held on the 17th day of May, 1488. Frank McPhee, Mayor ATTE T: Mich M. Maike, City Clerk APPROVED AS TO FORM: Craig D: Knutson, City Attorney Pub.: May 26, 1988 K 2. CITY GUUIVLIL May 17, 1988 NOTICE OF PUBUClr HEARING STREET RENAME NOTICE IS HEREBY GWEf that the ,City of Port An City Council will l ted public hearing on Tues May 17, 1988, at 7 :00 PM in the City Council Chambers, 321 East fifth Street, for the purpose roposed name change of Railroad Avenue. The public i5 cordially invited to attend. Michelle Maikie City Clerk. Pub.: May 9. 1988. 2. Public Hearings A. Consideration of Changing Name of Railroad F Mayor McPhee opened the public hearing at 7:40 P.M. Erl Hansen, Executive Director, Chamber of Commerce, 121 East Railroad Avenue, stated that it was the Chamber which initially requested the name be changed. He cited that the Chamber did not feel this to be an appropriate name; that the history of Port Angeles was being maintained by the railroad steam locomotive, Milwaukee Drive, which was the route of the old railroad, as well as the history in the Museum. He felt that "Waterfront Way" tied more into the location. Jerry Cornell, representing the Port Angeles Downtown Association, stated that the Board st;ongly favored changing the name as it was the effort of the Downtown Association to further develop and beautify the Downtown area. The Downtown has gone through major changes the past few years; beautifica- tion efforts, new construction, and greater tourism orientation. In- cluded in these efforts has been a great deal of development it the water- front area. Further, he stated that the focus of the area has changed from an industrial use to a positive direction in recreation. He stated it is appropriate that the name of a street in the area should accompany the change, giving a people- welcoming impression. Duncan McKiernan, 1133 East Eighth Street, was strongly opposed to the name change, as he felt "Railroad Avenue" was a part of our history. He gave a brief background on the history of the railroad in Port Angeles. He did not feel that changing the name was justifiable because it sounds better. He urged Council to retain the name of "Railroad Avenue Jessica Wessler, 911 South Cedar Street, spoke in opposition to changing the name to "Waterfront Way as she felt the name had no character or meaning; whereas Railroad Avenue at least arouses curiosity. She felt the City should be proud of its history and heritage. She suggested moving the locomotive from Lauridsen Boulevard down to Hollywood Beach, putting up a plaque explaining the logging history, and making it an important landmark. She urged Council not to consider changing the name. Elizabeth Johnson, 312 East 12th Street, spoke in opposition to the name change, as she felt "Waterfront Way" had just as bad connotations as the Chamber felt Railroad Avenue had. She stated she understood the Chamber's feelings with the bad connotations of Railroad Avenue and suggested changing the name to "Bay View Avenue In a letter received from Naomi Denhart, 139 West 12th Street, Mrs. Denhart spoke in opposition of the name change, as she felt Railroad Avenue provided a historical signpost to Port Angeles' past. Werner Quast, 3800 Park Knoll Drive, also spoke in opposition to the name change. He stated history tends to be torn down too fast. The historical aspects are very important for the community. He urged the Chamber to promote the history of the railroad. Ray Taylor, 1025 West Sixth Street, spoke in opposition. He urged Council to retain the heritage of Port Angeles. Bob Stepp, Stepp Advertising, 115 East Railroad Avenue, strongly urged Council to change the name, as he felt the name should indicate hope and promise of the City. Virginia Fitzpatrick, 825 Caroline, stated that the younger generation no longer feels that Railroad Avenue has a bad connotation. She urged Council to retain the name to honor those citizens who worked so hard to get the railroad here. She also informed Council of the upcoming May 23rd Stevens School play at the old Courthouse Museum at 7:30 P.M. She also thanked Council for providing the Museum with storage space at the Light Department building. t Charles ieIa-ro_n, 1203 East Eighth Street, spoke in opposition and he urged Council to retain the name of Railroad Avenue. -3- 1016 CITY COUNCIL MEETING May 17, 1988 Larry Leonard, 1030 Olympus Avenue, spoke in opposition, as he felt Railroad Avenue had historical value. Mayor McPhee closed the public hearing. Councilman Stamon offered a motion in recognition of the historical value of Railroad Avenue and in recognition of the fact that the railroad did play a vital part in the development of the City of Port Angeles, that Council at this time would not change the name to "Waterfront Way but rather to retain the name of Railroad Avenue. Councilman Hesla seconded. In speaking to her motion, Councilman Stamon strongly suggested that the Chamber, the Downtown Association, and businesses in the downtown area work cooperatively to erect signage and displays of the history of the railroad. Councilman Sargent spoke in favor of the motion. On call for the question, the motion carried. B. Street Vacation Request ST- 88(5)4 Lamb Tumwater Access Road Mayor McPhee opened the public hearing. There were no comments. The public hearing was closed. Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2486 AN ORDINANCE of the City of Port Angeles vacating a portion of Tumwater Street and portions of the 5/6 alley and portions of Sixth Street, west of the Truck Route. Councilman Sargent moved to refer the issue to the Real Estate Committee. Councilman Stamon seconded. Councilman Lemon asked Planner Carr if Mr. Lamb was in objection to the set compensation amount of $2,106.75. Planner Carr replied that this was the third street vacation Mr. Lamb had applied for and he had paid those prices previously, and he did not believe that there was any problem with the set compensation. Councilman Sargent withdrew her motion. Councilman Lemon moved to concur with the Planning Commission and Planning Department's recommendation to set the compensation at $2,106.75. Councilman Sargent seconded and the motion carried. Councilman Stamon moved to adopt the Ordinance as read by title, inserting in Section 2 the compensation set for $2,106.75. Councilman Hallett seconded and the motion carried. Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2487 -4- C. Street Vacation Reouest ST- 88(5)3 Monteomery Cherry at Second Mayor McPhee opened the public hearing. No comments were made. He then closed the public hearing. AN ORDINANCE of the City of Port Angeles vacating that portion of Second Street abutting Lots 7 and 8, Block 52, Townsite of Port Angeles. Councilman Hallett, for discussion purposes, moved to adopt the Ordinance as read by title. Councilman Stamon seconded. Councilman Sargent spoke in opposition to the motion, citing that the subject right -of -way is a wooded hillside that provides a strong, visual and 100 M Public Public Notices 1_ Notices ORDINANCE NO. 2489 AN ORDINANCE of the City of Port Angeles, Washington, establishing the Utility Advisory Committee and defining its membership, duties and organization, and adding a new chapter 2.68 to the Port Angeles Municipal Code. WHEREAS, utility operations play a major role in the ad- ministration of the Port Angeles municipal government, and utility policies can have great impact on the general public; and WHEREAS, utility issues involve complex environmental, financial, and regulatory factors which deserve careful study; and WHEREAS, the City Council desires to establish a commit- tee with Council and citizen participation and input to give these issues careful attention and scrutiny and make, rec- ommendations to the full Council concerning appropriate courses of action on those matters relating to City utility policy and operation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. A new chapter 2.68 is hereby created and added to Title 2 of the Port Angeles Municipal Code as follows: Chapter 2.68 UTILITY ADVISORY COMMITTEE Sections: 2.68.010 Purpose 2.68.020 Committee Created 2.68.030 Membership 2.68.040 Organization 2.68.050 Duties 2.68.10 Purpose. The declared purpose of this Chapter is to provide a mechanism for the City Council of Port Angeles to obtain the benefits of recommendations, advice and opinions on those matters affecting City utility policy and operations from a committee which may devote the neces- sary study to carefu`„consideration of such matters and which will increase citizen participation and input to local government. 2.68.020 Committee Created. There is hereby created a Utility Advisory Committee which shall consist of five members. 2.68.030 Membership. A. Procedures 1. Three Council members of the Utility Advisory Com- mittee shall be appointed by the Mayor from the seven members of the City Council. 2. Two citizen members of the Committee shall be selected and appointed in accordance with the City Coun- cil's Rules of Procedure. One of these two members shall represent the industrial customers of the City's utilities and the second member shall represent all other customers of the City's utilities. 3.. Citizen members may be removed from office for reasons deemed appropriate by the appointing authority, including, but not limited to, malfeasance in office or ne- glect di duties. B. Criteria Criteria ingg eitizera-. but not be limited to, the following: L Members shall be residents 2." Mem s shall have di work she be selected in accordance with the Equal Opportunity guidelines. 4. Members shall be appointed without regard to polit- ical affiliation. ,r 5. Members shall not be City employees. C. Terms Terms for citizen members shall be as follows: 1. A full term of office shall be two years. 2. The term of office shall start on Janu Ist "'bf'thsl year in which the appointment is made, provided that appointments to an unexpired feria shah start as designated in the appointment. 3. Members of the Committee may be appointed to succeed themselves; provided that no person shall be allowed to serve more than two consecutive two (2) year terms. 4. Appointments to fill an unexpired term shall be only for the remainder of that term, after which a re- appointment may be made. 5. Members shall serve without pay. 2.68.040 Organization A. The Committee shall elect its own chair chairman from is _eseibQ5 asi steer eilteea as Rees/ y It thee seat Puler fir Vale tMiienliini r keep «attt n riser! of i Ma ri tio* tjnd➢irat Md public r�eer� B. The C e le mRMe s1Mel 'ak aleeniell to es- sary by the City Council to carry out its duties. There shall be a fixed time and place of meetings which shall be made known to the public, and all regular sessions of the Com- mittee shall be open to the public. Three members shall constitute a quorum for the conduct of official business. 2.68.050 Duties. The Committee shall be responsible to the City Council for its duties and actions. The duties of the Commission shall include, but not be limited to, the following: A. To give advisory recommendations to the City Council on matters relating to City utility policy and operation and all other matters as the City Council may deem appropriate. B. To adopt bylaws, rules and regulations consistent with the laws of the State of Washington for conducting the meetings of the Utility Advisory Committee. C. To maintain and preserve the confidentiality of infor- mation discussed in executive session pursuant to Ch. 42.30 RCW and the City Council's Rules of Procedure. Section 2 Severability If any provision of this ordinance, or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected, and tosthis end the provisions of this ordinance are declared to be severable. Section 3 Effective Date This ordinance shall take effect as provided by law. PASSED by the City Council-of the City of Port Angeles at a regular meeting of said Council held on the 17th day of May, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: May 22, 1988. CITY COUNCIL MEETING May 17, 1988 1017 physical separation between the Downtown commercial district and the residential district to the south. Public ownership is the most effective way to assure preservation of this particular property and to assure that it is not intensely developed. Public ownership would preserve the ability to provide that pedestrian circulation. Retention of the right -of -way would be consistent with the Comprehensive Parks and Recreation Plan. Further, she agreed it is not in the public interest to vacate right -of -way that permits pedestrian access to areas that provide significant views of the environment or to release public ownership of topographic features that if improperly utilized would pose safety hazards to the general public and abutting properties. She stated that this property has already had several variances and that this one is not necessary. Councilman Hallett shared Councilman Sargent's concerns, pointing out that the Commission has passed the vacation on a 6 1 vote, subject to the following conditions: (1) Petitioners provide a 5 -foot public access easement for a trail on the north 5 feet of Lots 7 and 8 of Block 52; (2) Petitioners provide a 10 -foot public access easement for a trail on the south 10 feet of the Second Street right -of -way abutting their property; (3) The deed to the Second Street right -of -way require that the property be maintained in an environmentally safe manner, to prevent erosion and other safety problems. He wondered how he could allay the concerns of one, and asked Planner Carr to clarify and elaborate on the conditions. Planner Carr stated the conditions originated through discussions between staff and the applicant. One of staff's major concerns is that there appears to be no benefit to the public in the vacation of the right -of -way. On call for the question, Councilmen Hallett and Sargent voted "No with Mayor McPhee, Councilmen Lemon, Gabriel, Hesla and Stamon voting "Yes The motion carried. Attorney Knutson stated he was concerned with the motion, as the Ordinance did not contain the conditions that were cited. Councilman Stamon moved to reconsider the motion. Councilman Hesla seconded. On call for the question, the motion carried. Councilman Stamon moved to provide in the ordinance under Section 2, compensation set for $402.50; and in Section 3, instructing the City Attorney to revise the Ordinance prior to the Mayor's signature to reflect the conditions as listed in the Planning Commission minutes of May 11, 1988, citing the following conditions: (1) Petitioners provide a 5 -foot public access easement for a trail on the north 5 feet of Lots 7 and 8 of Block 52; (2) Petitioners provide a 10 -foot public access easement for a trail on the south 10 feet of the Second Street right -of -way abutting their property; (3) The deed to the Second Street right -of -way require that the property be maintained in an environmentally safe manner, to prevent erosion and other safety problems; citing the following findings: (A) The provision of public access easements across the right -of -way and the private property for a public access trail complies with Circulation Policies Nos.7 and 10 of the Comprehensive Plan; (B) Vacation of the property would increase the tax base of the community. Councilman Gabriel seconded. Councilman Hallett stated he was not comfortable with the vacation of the right -of -way and spoke in opposition to the motion, citing it does not follow the Comprehensive Parks and Recreation Plan in the specific areas of circulation. He felt that the City would not be gaining anything by granting the street vacation, but would be going directly opposite to the goals that have been set by this and previous Councils in enhancing City owned properties for the enjoyment of the community. He stated he was not objecting to the project, but did not want to see vacation of properties that could be used in the betterment of the City. Further, he stated that the conditions cited did not allay his concerns. Councilman Stamon, speaking to her motion, pointed out that the vacation was taking place on City -owned property; that since it is located on a hillside, it is not usable to the public due to topography and the terrain. She felt that the conditions cited by the Planning Commission and then placed into the amended motion will continue to guarantee the public right to access. It also allows a certain portion of the property to be returned to the tax rolls, as well as construction of more garage space on the south side of the -5- 1018 CITY COUNCIL MEETING May 17, 1988 property, which, too, would increase the tax rolls in the City of Port Angeles. Councilman Sargent spoke in opposition, as she felt the City should retain ownership and also that it was creating a precedent where other occasions may arise in the future. She felt the tax revenue would be minimal. Councilman Hallett stated that his point was to preserve views and access, and he did not feel this was being accomplished by the motion. On call for the question, the amended motion carried, with Councilmen Hallett and Sargent voting in opposition. D. Zoning Code Amendment ZCA- 88(2)2 City of Port Angeles- Railings Mayor McPhee opened the public hearing. Charles LeBaron, 1203 East Eighth Street, asked for a review of the issue. Planner Carr reported that the present requirement in the Zoning Code is a minimum height of thirty (30) inches for the railings, while the Uniform Building Code requires a minimum height of thirty -six (36) inches. The proposed amendment would eliminate the inconsistency. Marvin Merrick, 615 West Eighth Street, asked for clarification of the height. He also questioned whether this would supersede the State height requirement, as he thought it was 33 inches. Mayor McPhee replied that the State requirement was 36 inches. Mayor McPhee then closed the public hearing and read the Ordinance by title, entitled AN ORDINANCE of the City of Port Angeles relating to the height of railings around porches, terraces or landings, and amending Sections 13 and 14 of Article IX of the Zoning Code, Ordinance No. 1709. Councilman Sargent moved to adopt the Ordinance as read by title. Councilman Stamon seconded and the motion carried. 3. Planning Commission Minutes of May 11. 1988 A. Rezone Hearing Alwine ORDINANCE NO. 2488 Councilman Stamon moved to set a public hearing for June 7, 1988. Councilman Lemon seconded and the motion carried. B. Conditional Use Hearing Rowland Councilman Hesla moved to concur with the recommendation of the Planning Commission and grant a Conditional Use Permit to allow a beauty shop as a Home Occupation in the RS -7, Single Family Residential District, located at 1115 Caroline Street, for a one -year period, subject to the following conditions: (1) One 1A1OBC fire extinguisher be installed; (2) The hours of operation be from 9 AM to 5 PM, Monday through Saturday; (3) Only one customer at a time be scheduled for an appointment on the premises; (4) The applicant shall be the only operator on the premises; (5) The parking area in the rear shall provide two side -by -side parking spaces for customer parking; and citing the following findings: (A) The proposed Home Occupation for a beauty shop does not involve equipment or other processes which introduce hazards in excess of those normally found in residential areas; (B) Provided the attached conditions are enforced, the Home Occupation will not significantly increase local vehicular or pedestrian traffic; (C) With the limitation of one customer at a time and the provisions of off street parking, the proposed Home Occupation should not be injurious or detrimental to adjoining or abutting properties; (D) The C. Conditional Use Hearing Twedt D. Conditional Use Hearing Phyllis Kendall 1019 CITY COUNCIL MEETING May 17, 1988 proposed beauty shop should not endanger the public health, morals, safety, and welfare of the community. Councilman Hallett seconded and the motion carried unanimously. Councilman Stamon moved to concur with the recommendation of the Planning Commission and extend a Conditional Use Permit allowing a mini -day care center to be located in the RS -7, Single Family Residential District at 404 East Tenth Street, for a period of two years, subject to the original conditions. Councilman Sargent seconded and the motion carried. Councilman Hallett moved to concur with the recommendation of the Planning Commission and grant a Conditional Use Permit to allow art instruction as a Home Occupation in the RS -7, Single Family Residential District, at 1804 West Eighth Street, for a one -year period, subject to the following conditions: (1) The classes will be held five days a week, three hours per day; (2) A maximum of ten students per session, and /or twenty students per day; (3) The fire extinguisher shall be serviced; (4) The Fire Department shall perform an inspection prior to operation of the classes; and cited that with these conditions, the Home Occupation would comply with the Home Occupations Chapter of the Zoning Code. Councilman Hesla seconded. Councilman Sargent voiced her concern about adequate parking. On call for the question, the motion carried. E. Zoning Code Amendment City of Port Angeles PBP Signs Councilman Lemon moved to set a public hearing for June 7, 1988. Councilman Stamon seconded and the motion carried. F. Acceptance of Minutes Councilman Sargent moved to accept and place on file the Planning Commission minutes of the May 11, 1988, meeting. Councilman Lemon seconded and the motion carried. Councilman Stamon pointed out in the Planning Commission minutes, Mr. Cornell had suggested the Commission meet with the Council to discuss the Office Commercial zoning south of City Hall, stating it would be a good idea to discuss the timeliness of the study in Office Commercial zoning one -way couplets. She felt this was a good idea to schedule a meeting. Councilman Hallett concurred, stating the Council had also received a request from the County Commissioners in regard to the traffic flow around City Hall. Councilman Stamon offered a motion to direct the Planning Commission and the Planning Staff to work further in the area of looking at Office Commercial zoning south of City Hall, together with study and discussion of one -way couplets, and the general zoning of the entire area and to provide Council with the report at their earliest convenience. Councilman Hallett seconded and the motion carried. Mayor McPhee requested that staff provide Council with information on this subject. Councilman Stamon then moved to direct staff to provide the Council with information from the Planning Commission minutes and staff reports on the issue of rezone in the area of City Hall and that that information would be provided to Council, at which time Council would take under consideration possible direction to the Planning Commission to further study the issue and report back to Council. Councilman Hallett seconded and the motion carried. BREAK It now being 8:47 P.M., Mayor McPhee recessed the meeting for a 15- minute break. 1020 CITY COUNCIL MEETING May 17, 1988 4. Consideration of Report on Automatic Door Opener Councilman Stamon moved to concur with the Public Works staff and to award the bid to Besam Electra 150 in the amount of $3,628. Councilman Gabriel seconded. After some discussion by Council and staff, the question was called, and the motion carried. 5. City Attorney's Presentation Reeardine Appearance of Fairness Doctrine as it Relates to the Daishowa Proiect Attorney Knutson discussed with Council the role it would be taking during the permitting process with Daishowa, as with any other land use proceedings. He explained the Appearance of Fairness Doctrine means that quasi judicial decision making bodies must conduct their permitting processes in a fair and unbiased manner that is free from even the appearance of unfairness. Specific precautions that land use decision makers need to take in order to comply with the Appearance of Fairness Doctrine, as spelled out in court decisions and Chapter 42.36 RCW, are as follows: (1) During the pendency of the Shoreline application process, members of the City Council or Planning Commission should not engage in ex parte (outside the hearing) communications with proponents or opponents about the proposal; (2) Members should not take evidence outside of the formal permitting process; (3) Members should not have any personal interest in the matter; and (4) Members should not make any statements expressing or indicating that they have prejudged the matter. Attorney Knutson went through the proposed process of the permit application. He stressed that Councilmembers should bend over backwards in the appearance of being fair. He advised Councilmembers that if they were approached and asked to make an opinion or statement on the project, that it was important for them to state that their job as Councilmember required that they maintain neutrality and the appearance of neutrality and that they could not express or make a decision until all of the facts have been presented to them and they have had a chance to make a decision based on those facts. Council accepted this as informational only. 6. Consideration of Ordinance CreatinE Expanded Utility Advisory Committee Mayor McPhee read the ordinance by title, entitled ORDINANCE NO. 2489 AN ORDINANCE of the City of Port Angeles, Washington, establishing the Utility Advisory Committee and defining its membership, duties and organization, and adding a new chapter 2.68 to the Port Angeles Municipal Code. Councilman Gabriel moved to adopt the Ordinance as read by title. Councilman Sargent seconded. Councilman Stamon stated that the UAC had discussed the Ordinance and was comfortable with it. She further requested that any citizens interested in applying for the positions do so. Councilman Sargent requested that the positions be advertised and interviews be held. Councilman Hallett concurred. On call for the question, the motion carried. 7. Consideration of Amendment to Budget Ordinance for WPPSS Litigation Claim Settlement Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2490 AN ORDINANCE of the City of Port Angeles revising the Budget for the City of Port Angeles foi the fiscal biennium ending December 31, 1988, and amending Section 2 of Ordinance 2428, amended by Ordinance 2473 and Ordinance 2484. WHEREAS, due to*the need to resolve the City's liability exposure in the WPPSS secur fraud litigation, an emergency exists as set forth in RCW 35A.34.140, which emergency req the appropriation of additional funds to the City's budget for the fiscal biennium en December 31, 1988; and WHEREAS, the City Council has determined that it is in the best interest of the City to re this litigation; and WHEREAS, this budget revision will result in an increase in the Light Fund; NI THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. Section 2 of Ordinance 2428 as amended by Ordinance 2473 and Ordinance 241,4 is hereby amended to read as follows: Section 2. That the following is a summary of the totals of appropriations for each separate fund and the aggregate total for all such funds combined. Deoartment or Fund A. General Fund Mayor Council City Manager General Administration Administrative Services City Attorney Planning Police Fire Public Works Parks A pecreation TOTAL' ENERAL FUND B. Revenue Funds Convention Center Street Arterial City Street Revenue Sharing TOTAL,.,$PEC1AL FUNDS REVENUE C. Debt Service Funds 1977 Water Revenue Bonds 1978 G.O. Bond, Pier 1986 Bond Fund TOTAL DEBT SERVICE FUNDS D. Entertb'i s Funk icI P. p ter Firemen's Pension TOTAL, ENTERPRISE FUNDS E. Internal Service Funds Equipment Rental Self- Insurance ATTEST: e' Michelle M. Maike, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub:,, May 22, 1988 1987 1988 Approoriations Approoriations 23,717 103,931 1,077,868 970,438 106,680 112,805 1,827,936 880,786 524,179 1,134,402 6,762,742 555,510 1,157,965 144,800 23,715 1,881,990 94,250 167,013 311,968 573,231 '19,714,198 1,004,660 1,865,781 154,313 '22,738,952 1,077,010 51,756 66.601 118,357 '34.032.380 '22,738,952 3,407,441 2,708,722 731,234 1,302,765 1,186,158 1,957,108 8 34.032.380 22,750 104,262 1,307,889 1,020,976 101,799 119,328 1,699,643 869,698 508,398 1,228,591 6,983,334 104,387 1,107,789 144,800 0 1,356,976 93,250 166,570 309,780 569,600 '21,772,859 1,237,707 2,348,042 155;468 3 25,514,076 968,179 Q1o.000 51,148 69,320 120,468 3 36.422.633 TOTAL, TRUST AGENCY FUNDS TOTAL FUNDS Total Expenditures for Basic Accounts: 500 Proprietary Services 510 General Governmental Services 520 Security of Persons Property 530 Physical Environment 540 Transportation 570 Culture Recreation 590 Internal Services Total Section 2. This Ordinance shall be in full force and effect after its passage, approval and publication gs provided by law. PASSED b) the City Council of the City of Port Angeles at a regular meeting of said Council held osi. he 17th day of May, 1988. Frank McPhee MAYOR '25,514,076 3,207,733 2,569,341 720,976 1,252,589 1,279,739 1,878,179 '36.422.633 K NO. 2481 MANCE of the City POrt Angeles, Washmg- isek edit certain cries reference errors in f+#di- nance No 2451 and PAMC ion 10. 20.14q0 CITY. COUNCIL OF THE OF PORT- ANGELES HEREBY ORDAIN as Section 1 of Ordi- melte 2451 and PAMC Section 10.20:140 are hereby amended to read as follows: "+fl.lq� Violations Pen ties.. A. Any person who violates or fails to comply with any of to requirements of P! X10.20.100 10.20.090, Time Zones is an infraction and punished by a fine iii Dollars. 11- lihy" person who violates or fails to comply with the renter►t of PAMC 10.20.060, heel Manner of Park ing" or 10.20.070(A -E), "No Restricted Parking Zones is ,guilty of an infraction and conviction thereof, be pufished by a fine ($10) Dollars. person who violates comply with the PAMC 10.20.070(F), guilty of an infraction and u pon conviction thereof shall punished by a fine of fifty ($50)DOI who vioibtes or k&1S to comply with any other provision of this chap- ter, or who counsels, aids, or any such violation or re to comply, is guilty of an infraction and shall be assessed a penalty of ten ($10) Dollars. E. Any Person who receives a Notice of Parking Infrac- tion and fails of the City of Port Angeles at a regular meeting of said Council held on the 17th day of May, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk q. cnnu• NO 2491, 570 0,9 N N ,S. 1 ao Mo` *c r CITY COUNCIL MEETING May 17, 1988 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles establishing a position classification (Schedule A), fringe benefit and pay plan for Management, Administrative, Technical and Clerical Personnel, establishing a pay plan for employees working at the City Pool (Schedule B) for the period January 1, 1988, to December 31, 1988, and providing for the payment thereof. Councilman Gabriel moved to table the issue. Councilman Lemon seconded. The motion carried, with Councilmen Gabriel, Lemon, Sargent and Mayor McPhee voting "Aye and Councilmen Hallett, Hesla and Stamon voting "No 11. Consideratioi of Ordinance Correcting Cross References in Parkins, Ordinance Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2491 AN ORDINANCE of the City of Port Angeles, Washington, correcting certain cross reference errors in Ordinance No. 2451 and PAMC Section 10.20.140. Councilman Stamon moved to adopt the Ordinance as read by title. Councilman Lemon seconded and the motion carried. 12. Letter from Len Beil Resignation from Clallam County Fair Board Councilman Stamon moved to regretfully accept the resignation of Mr. Beil from the Fair Board and directed staff to prepare an appropriate letter of appreciation for his services to the City of Port Angeles. Councilman Hallett seconded and the motion carried. 13. Reouest UAC Meeting (first week of June) Changes in Weatherization Program Council set a meeting for the Utility Advisory Committee for Wednesday, June 1, 1988, at 4:30 P.M., City Light Conference Room. IX ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None. X CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hallett thanked the Public Information Committee for their evaluation. He also received letters of thanks from the Chamber of Commerce and the Judges' Association for the City's cooperation in letting them use our facilities. Councilman Stamon pointed out to Council that in the Information Packet, Item No. 23, there have been papers provided by Manager Flodstrom and herself on the recent AWC Legislative Conference. She asked that any questions or comments be directed to either one of them. Also, she referred to Item No. 22 on the Information Agenda, letter from the Clallam County Commissioners, regarding the County's plan to update the Solid Waste Management Plan. She urged Council to communicate back to the County Commissioners the Council's interest in continuing to pursue the issue of solid waste and septage as well. She also asked for another volunteer from Council for that Committee. Councilman Sargent volunteered. Councilman Lemon made reference to a call that he received from a citizen, Johnnie Rector, 702 East First Street, regarding a problem Ms. Rector has been having with renting the residence. She had intended to live there and run a business, but was told by the City that she could not live there, as it was zoned commercial, but could not run a business from there as a Home Occupation because of lack of parking. Councilman Lemon stated that the -1 woman was in a desperate situation and requested that staff look into the issue and that she be helped. Councilman Sargent informed Council and the public of the upcoming Town Meeting scheduled for May 24th at 7 P.M., City Council Chambers, regarding recycling. XI ADJOURN TO EXECUTIVE SESSION Mayor McPhee recessed the Council to Executive Session at 9:55 P.M. to discuss items of negotiation and litigation. The length of the session was estimated to be approximately 45 minutes to one hour. XII RETURN TO OPEN SESSION The meeting returned to open session at 11:43 P.M. XIII ADJOURNMENT The meeting adjourned at 11:45 P.M. )'L 7k>tict} Clerk Mayor CITY COUNCIL MEETING May 17, 1988 1023 CITY COUNCIL MEETING May 17, 1988 woman was in a desperate situation and requested that staff look into the issue and that she be helped. Councilman Sargent informed Council and the public of the upcoming Town Meeting scheduled for May 24th at 7 P.M., City Council Chambers, regarding recycling. XI ADJOURN TO EXECUTIVE SESSION Mayor McPhee recessed the Council to Executive Session at 9:55 P.M. to discuss items of negotiation and litigation. The length of the session was estimated to be approximately 45 minutes to one hour. XII RETURN TO OPEN SESSION The meeting returned to open session at 11:43 P.M. XIII ADJOURNMENT The meeting adjourned at 11:45 P.M. )&,A.02e.,A Clerk Mayor 1023