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HomeMy WebLinkAboutMinutes 06/16/1987760 I CALL TO ORDER Mayor Whidden called the meeting to order at 6:59 P.M. II ROLL CALL Members Present: Mayor Whidden, Councilmen Hallett, Hesla, McPhee, Quast, Schermer, Stamon. Members Absent: None. Staff Present: Public Present: G. Doyle, D. D. Parrish, H. Berglund, D. A. Eacrett, D. Frizzell, R. Lund, A. Alexander. III MINUTES Councilman Schermer moved to accept and place on file the minutes of the regular meeting of June 2, 1987. Councilman Stamon seconded, correcting Register Page 751, Item No. 3, stating that Councilmen Hesla and Stamon had been transposed in those corrections. Councilman Quast added, for the record, on Register Page 752, Item VI, Paragraph 2, that Manager Flodstrom apologized for the oversight in not placing the item on City Hall budget costs on the Agenda. Councilman Quast felt the minutes should show that since Council had instructed the City Manager to do so in the previous meeting. He wanted to make sure the record showed that it was the intent of Council as stated in previous minutes that we had nothing to hide. On call for the question, the motion carried. IV FINANCE 1. Payment Authorized to Riddell, Williams Councilman Hallett moved the City Council authorize payment of the June 1, 1987, Riddell, Williams bill for representation in the WPPSS litigation in the amount of $11,730.77. Councilman Stamon seconded and the motion carried. 2. Bids Rejected for "E" Street Reservoir Cover Councilman Quast moved to reject the bids. Councilman Schermer seconded. Councilman Quast complimented staff for bringing this to the Council's attention. He inquired about the engineer's estimate. Public Works Director Pittis responded that it was approximately $147,000. Bids received were in excess of $220,000 each. Councilman Quast felt staff's stand was well taken in stating these bids exceeded the engineer's estimate by an unreasonable amount. Following further discussion, on call for the question, the motion carried. V CONSENT AGENDA CITY COUNCIL MEETING Port Angeles, Washington June 16, 1987 Manager Flodstrom, Attorney Knutson, Clerk Anderson, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, A. Rose, D. Wolfe, J. Pittis. Councilman Stamon moved to accept the items listed under the Consent Agenda as follows: (1) Request permission to call for bids on switchboard con- tract; (2) Information on bids for survey equipment; (3) Correspondence from Washington State Liquor Control Board; and (4) Vouchers of $790,820.83 and Payroll of 5 -31 -87 of $221,523.07. Councilman Hesla seconded. Council- man Hallett inquired as to the new bid laws. Administrative Services Director Wolfe responded that for equipment, the limit went from $2,000 to $4,000; for engineering, he stated it was formerly $7,500 and now $15,000. Councilman Quast inquired whether a conflict of interest might exist for one of the businesses listed on the Consent Agenda, as it was owned by a member of Council. Attorney Knutson explained that no action was needed on this item; it was included in the Consent Agenda for information only; therefore, Councilman McPhee would not be required to excuse himself. The motion carried. 1. Yard of the Month Award Certificates CITY COUNCIL MEETING 7 6 1 June 16, 1987 Councilman Quast referred to Item No. 1 on the Consent Agenda, request to call for bids on the switchboard contract. He suggested and hoped Council would concur that this contract be short -term because in moving to the new City Hall, we might want to take a different look at that arrangement. Administrative Services Director Wolfe responded that permission to call for bids was all that was being sought at this time. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Vic Hulse, 1028 Mt. Pleasant Road, addressed the Council, representing the Olympic Saddle Club, requesting Council's reconsideration of a previous decision on the interpretation that a sawmill was not a permitted use in the Light Industrial District. Following inquiry, the Council determined this had been considered by the Council several months ago. Councilman Hallett inquired of the City Attorney as to the appropriate procedure for this. Attorney Knutson recommended the Council look at whether or not there is any new information or a change in circumstances that is being presented to justify reconsideration of a prior action. Otherwise, he suggested the request not be granted. He further recommended a requirement that all requests for Council reconsiderations be put in writing along with new information or additional circumstances for the Council's considera- tion. Councilman Quast then moved to place this item on the next Council Agenda, with a request that the Saddle Club provide, in writing, new information which would move the Council to take up the issue again. The Council discussed the issue and appropriate procedures further. Councilman Hallett seconded the motion. Councilman McPhee felt the matter was already settled and recommended the Council just listen to what Mr. Hulse had to say. The motion carried, with Councilman McPhee voting "No VII LEGISLATION Mayor Whidden presented Yard of the Month Awards to the following: George and Emily Greul, Tony and Florence Masi, David and Elizabeth Wold, Arlene and Doug Eacrett, Frances and Albert Brodhun. The following individuals were not present but also received the awards: David and Betty Stephens, Clare Fisher, Alva and Art Peterson, Juanita and Lester Johnston, Lloyd Murray. Councilman Stamon felt it would be appropriate to welcome again the members of the Washington State Grange that are attending the Convention in the City of Port Angeles, and extend our appreciation to them for coming here. 2. Public Hearings A. Resolution Passed Establishing Six Year Transportation Plan Mayor Whidden opened the public hearing and asked for comments. There were none. He then read the Resolution by title, entitled RESOLUTION NO. 14 -87 A RESOLUTION of the City of Port Angeles adopting the Six -Year Transportation Improvement Plan. Councilman Quast moved to pass the Resolution as read by title. Councilman Stamon seconded. Councilman Schermer inquired as to the high priority goal of establishing arterial sidewalks. Public Works Director Pittis stated this would be more appropriately addressed later this summer in the development of a C.I.P. Following discussion, on call for the question, the motion carried. B. Myren Annexation Request Approved Mayor Whidden opened the public hearing, stating that Mr. and Mrs. Myren and Mr. and Mrs. Gray had submitted a valid petition for the annexation of approximately 12.7 acres north of the Port Angeles Plaza. Bud Myren, petitioner for the annexation, addressed the Council, stating this was being done for a business venture that would help Port Angeles monetarily. 7 6 2 CITY COUNCIL MEETING June 16, 1987 He explained the benefits he felt would be derived from the project. Councilman Hesla inquired as to why the interest was in this specific parcel of property and not on property inside the City. Mr. Myren stated that his interest was because he owned this property and it was a prime location for the type of business planned there. Councilman Quast inquired if another signer on the annexation petition had been compensated mone- tarily for his signature. Mr. Myren chose not to comment. Councilman Quast wanted to be very sure that the Council was not participating in anything similar to extortion. Mr. Myren did not think that was the case and stated he had nothing to do with that. Councilman Quast stated this annexation is not without cost to the City. Bill LaRue, 222 West Park Avenue, speaking on behalf of heirs to the Estate of Paul Froude, supported the annexation. Hattie Berglund, 1834 West Seventh Street, felt the residents ought to know if costs would exceed benefits to the taxpayer. Mayor Whidden asked for further comments. There were none. He therefore closed the public hearing. Upon inquiry, Manager Flodstrom stated he had no hard figures available on costs versus estimated benefits, and could answer only in generalities. He indicated that when the Super 8 Motel was built and when Mr. Miller pro- posed developing the Uplands, concerns arose over the lack of a water reservoir on the extreme eastern portion of the City, as well as the capacity to handle the sanitary sewer. He stated this annexation further complicated those concerns and mandated that we address those problems. He stated the annexation did not create the problems it just made existing problems more pressing. He stated further that those are utility improve- ment costs that the City ought to be making today whether the annexation occurs or not. He explained there would be some utility extension costs, but as in most annexations, he would expect the majority of those costs to be borne by the developers of the property. He stated that no roadway costs would be involved. Councilman Hallett inquired about the City's responsibility with any annexation. During discussion, Manager Flodstrom reiterated that in terms of water and sewer improvements, those things ought to be done by the City regardless of the Council's action tonight on this annexation. He felt the annexation had the potential to be a financial asset to the community because of the currently developed commercial establishments, which generated a significant amount of sales tax revenue as well as property tax. He stated the property being zoned commercial created the potential for further development and consequently, higher tax revenues. He felt these benefits would go well beyond any infrastructure costs that the City would bear to serve the parcel. Councilman Quast was concerned that no moneys had been appropriated in the '87 -'88 budget for utility improvements in the area, and for providing adequate fire protection. He felt that in all fairness, we should say to the developers that under the current circumstances, with the lack of water pressure in that area, unless we put in some pumps or whatever, no struc- ture can be built. Fire Chief Glenn stated that with the Super 8 Motel, the water was supplied by the PUD and the City and by putting the two together, adequate pressure was accomplished; bast that this was not currently available on the other side. Manager Flodstrom explained funds were not included in the '87 -'88 budget was because recently, an annexation attempt had failed in the area and there was no anticipation of the need; although the need for development of a water system and a reservoir on the extreme eastern part of the City had been discussed. Councilman Quast felt that the discussion had determined we should not consider acquisition of property at this time for that reason. Manager Flodstrom stated he would be as concerned, if not more concerned, about a potential 99 -unit multi family development occurring in the Uplands. Councilman Quast indicated this was the same area and the same need for a reservoir existed. He inquired about traffic signal mainten- ance. Public Works Director Pittis explained that the Light Department would be responsible for that and the amount would be approximately $500 a year, as long as no parts went down. He stated that the parts of that particular signal would probably be interchangeable with parts the City currently has. CITY COUNCIL MEETING 7 6 3 June 16, 1987 Councilman McPhee inquired as to what kind of income the City could expect from this parcel. Manager Flodstrom indicated he did not know. Councilman McPhee stated there would be no drain on other City resources, such as police, fire, parks, etc. Councilman Quast made reference to a letter from Gene Unger, Director of Public Works for Clallam County, voicing concern over jurisdiction on Front Street. Councilman Quast favored postponing decision on the matter to allow the problem over confused jurisdiction to be resolved and to enable the City to determine how water could be supplied. He felt "cons" out- weighed the "pros" at this time and wanted to have a more thorough analysis of the entire situation. He felt that with the proposed Uplands project this had become a very urgent matter. Councilman Schermer also indicated concern over Mr. Unger's letter, but for a different reason. He asked Planner Carr if annexation of a larger area might be better. Council discussed with staff whether easements would be needed for utility service. Public Works Director Pittis answered that roadways could be used. Councilman Stamon also inquired about a larger amount being annexed and a mutual road maintenance agreement. Following further discussion, Councilman Schermer moved to delay action for one or two meetings, depending on the needs of staff to report to the Council, to enable the Council to get some of these things verified con- cerning joint maintenance of streets, etc. Councilman Quast seconded, asking if Mr. Myren could answer some additional questions. Councilman Stamon asked if staff had been able to discuss with Mr. Myren the proposed development. Manager Flodstrom answered no; that staff had not seen any set of plans. Councilman Quast asked Mr. Myren about the time frame, in terms of development. Mr. Myren answered that the developers were inter- ested in immediate development and also indicated concern that a delay might "scare them off Councilman Quast stated that if we approved the annexation tonight, we would give a signal to Mr. Myren and to the interested party that we are ready for them, and that was not the case. Mr. Myren urged the Council not to delay action. He stated if they did, this project could fall through. Councilman Quast asked Fire Chief Glenn for comments. Fire Chief Glenn stated that the Super 8 Motel took water from two different systems the majority from the City, but also from the PUD. He stated that if the same type of arrangement could be reached for this structure extending down from the main behind the Plaza to the south side of Highway 101, then we could have fireflow on both sides, such as 750 on one side and 500 on the other. Insurance services says it is allowable to combine two different systems to come up with the minimum amount of pressure. Councilman Quast noted concern that this would violate a policy and the City would then have to maintain a PUD system within the City limits. Councilman Quast still supported delaying decision. He explained to Mr. Myren that it was not that we oppose the annexation; the City had supported an annexation for a long time. He stated, however, that this project at this time might make it so costly that we cannot promise to deliver what that firm requires. He stated that's what the Council needs to find out. Councilman McPhee felt the Council would be satisfying its obligation by granting this annexation. He stated the issue before the Council was the annexation and not the real estate deal Mr. Myren had going. He stated that if the annexation occurred, in the interim the City would get the benefit of increased sales tax as well as property tax by adding this type of property to our tax base. He stated no extra police or firemen would need to be hired and no parks would need to be extended out to that area. He could not see any benefit in waiting. He stated he was not interested in what Mr. Myren wants to put on the property; he was interested in the annexation itself. Councilman Schermer explained that his motion was primarily due to Mr. Unger's letter with the concern over jurisdictions. He stated he was in favor of the annexation if those things could be cleared up, particularly in light of what Fire Chief Glenn had said. Councilman Stamon supported delaying for two weeks, just to get a more firm grasp of the costs that would be involved. Councilman McPhee was not opposed to getting more information, but stated he would not hold up the annexation just for that. 7 6 it CITY COUNCIL MEETING June 16, 1987 Mr. Myren requested permission to testify further. Upon recommendation by the City Attorney, Councilman Schermer withdrew his motion and Councilman Quast moved to re -open the public hearing. Councilman Schermer seconded and the motion carried. Mr. Myren stated that at the present time, the City of Port Angeles is not getting any revenue whatsoever from Ruddell with regard to property tax, sales tax, etc. He felt the City could work infrastructure problems out with the project developers and that the only thing the City could do was benefit. He also pointed out that three previous attempts to annex this area had failed. Mr. Myren explained that it was very important to the developers that they get started during the summer trade. He stated another two weeks might not hurt, but that he did not know, as he was only the seller. Mayor Whidden asked Councilman Quast if we were not really interested in an annexation rather than what Mr. Myren is interested in developing there. Councilman McPhee referred to property located behind the Loomis Tavern that had been targeted for development and what Mr. Myren felt the withdrawal of that project could be attributed to. Mr. Myron felt it was due to the fact that too many people got to arguing and bickering about it and the developers simply pulled out. Vern Grall, 932 West Fourth, asked what would happen if Mr. Myren had just come and asked for an annexation, period what the Council would do. He stated now in three weeks, when a plan was proposed, there would be another issue, but that tonight the Council was only considering the annexation. Attorney Knutson stated that if the Mayor felt there was a possibility of additional input, the option existed to continue the public hearing, rather than going through the publication requirements, etc., for a new public hearing. There were no further public comments; therefore, Mayor Whidden closed the public hearing. Councilman Hallett moved that the annexation petition be approved. Coun- cilman McPhee seconded. Councilman Schermer inquired if it was any problem negotiating road use, etc., after an annexation had taken place. Public Works Director Pittis answered that it could be worked out. Councilman Stamon clarified with the City Attorney that if we annex this property, we have no obligation to any future user of that property, to provide any types of services. Attorney Knutson confirmed this, stating that the City has an ordinance on the books which sets forth the requirements for providing sewer service. Councilman Quast continued to voice concern, stating there is an agreement with the City and the County that when County concerns occur with a pro- posed annexation the matter be deferred until the concerns had been resolved, and the concern had not been resolved with this annexation. He also wanted to make clear that Mr. Myren, the seller of this property knows that the annexation does not mean this City shall expend funds to provide all services necessary for the establishment of a restaurant. He stated he was not against the annexation but he liked to dry an annexation on the basis of all facts and would like to have concerns with the County resolved prior to the annexation. He stated that one meeting would not mean a defeat of the annexation; it would mean a clarification. Councilman Hesla spoke in support of the annexation, stating it appeared to meet the annexation policies for the City and that the proposed development was not really germane. Following further discussion, on call for the question, the motion carried with Councilman Quast voting "No 3. Planning Commission Minutes of June 10, 1987 A. Conditional Use Permit Extended Davi Parrish The Council considered a request for extension of a Conditional Use Permit allowing a beauty shop as a Home Occupation, located in the RS -7 Single Family Residential District, specifically at 1206 South Vine Street. Coun- cilman Hallett moved to concur with the Planning Commission recommendation to extend the Conditional Use Permit for three years, subject to the original conditions. Councilman Hesla seconded and the motion carried. B. Conditional Use Permit Extended Lyndell Hanson C. Conditional Use Permit Extended Robert Kennedy CITY COUNCIL MEETING 7 6 5 June 16, 1987 Council considered the extension of a Conditional Use Permit allowing a bookkeeping /tax service to operate as a Home Occupation in the RS -7 Single Family Residential District, located at 2139 West Seventh Street. Council- man Stamon moved to concur with the Planning Commission's recommendation for a three -year extension, subject to the original conditions. Councilman Quast seconded and the motion carried. Council considered the extension of a Conditional Use Permit to allow a bed and breakfast as a Home Occupation in the RMF Residential Multi- Family District at 332 East Fifth Street. Councilman Schermer moved to concur with the recommendation of the Planning Commission to approve a one -year extension, subject to the following conditions: (1) The bed and breakfast shall be for a maximum of six rooms to let with check -in time at 12 noon and check -out time at 10 A.M.; (2) There shall be one sign no larger than ten square feet on the building; (3) One 2A10BC dry chemical fire extin- guisher shall be provided on each floor, per NFPA #10; (4) Address numbers shall be visible from the street; (5) A fire alarm system shall be in- stalled in a manner approved by the Fire Department; (6) A second exit from the second floor and a railing around the deck shall be installed by September 15, 1987; (7) All work within the rooms to be let for bed and breakfast or to be utilized by bed and breakfast clientele shall be completed prior to occupancy of any of those rooms by clientele; (8) An off street parking plan containing ten off street parking spaces be sub- mitted with the building permit application for the other alterations; (9) The parking spaces for the rooms to let shall be provided prior to occu- pancy of any of those rooms; and citing the following findings: (A) There are no other bed and breakfasts that have paved parking lots and paving could detract from the residential nature of the property, which is still a single family residence. Councilman Stamon seconded, with the understand- ing that this is a one -year extension. The motion carried. Councilman Hallett discussed with staff added conditions. Councilman Stamon commended the owner on progress made over the last year. D. Conditional Use Permit Granted Thunderbird Boathouse Council considered a request for a Conditional Use Permit to allow over- night camping on Ediz Hook at the Thunderbird Boathouse, located in the M -2 Heavy Industrial District on Ediz Hook. Councilman Quast moved to concur with the recommendation of the Planning Commission to approve the Condi- tional Use Permit, subject to review in one year, and subject to the fol- lowing conditions: (1) The total number of spaces provided be 12; (2) That spaces be numbered and wheel stops be provided to assure the safety of potential users; (3) That one 2A10BC dry chemical fire extinguisher be provided in a location accessible to all tenants and properly identified; (4) The restroom facilities of the Thunderbird Boathouse be made available to campers and so identified; (5) That the RV spaces be for overnight RV parking only, for a maximum of two nights for each RV; (6) The applicants shall not provide water and /or power to the RV4 and the rules shall expressly state such prohibition of water usage and prohibition of used water (grey water) discharged on the site; (7) A copy of Park rules be provided to the Planning Department; (8) A rack be provided which contains the City ordinance or City instructions that no recreational vehicle parking be permitted outside the authorized area; (9) That the area be paved or equivalent surface acceptable to the Public Works Department, and oil /water separator installed. (If the paving exceeds $2,500, S Shoreline Substantial Development Permit shall be obtained.); (10) Applicant shall install electrical conduit adjacent to the building for the RV for the night watchman, provided that the conduit meets the National Electrical Code and the watchman is limited to a three -month period in any one year; and citing the following findings: (A) With the conditions attached, the proposed use can be compatible and complementary to the adjacent uses; (B) With the conditions attached, there are adequate provisions for protection of the general health, safety and welfare of the community and prospective users. Councilman Stamon seconded for the sake of discussion. Councilman Hesla clarified with Manager Flodstrom that this was the only area where RV parking would be allowed. Councilman Hesla was comfortable with that; how- ever, he was concerned with electricity and grey water and how that was going to be addressed. Councilman Stamon then asked Mr. Shepard, 766 CITY COUNCIL MEETING June 16, 1987 proprietor of the Thunderbird Boathouse, how he planned to prohibit the discharge of grey water from RVs using his facility. Ron Shepard, resident of llth Street and owner of the Thunderbird Boathouse, stated that the problem with grey water had come from the 18 spaces west of the Boathouse. He stated he had six spaces on a Conditional Use last year, and by eliminating those 18 spaces, which were hard to monitor, and asking for 12 spaces behind the Boathouse in the fill area, it would be much easier to monitor. He stated further that Park rules had been revised and that limiting the stay to two days, as well as putting up a readerboard direct- ing people to the existing RV parks, there should be no need for grey water, as water is not provided at the Boathouse. He requested that Condition No. 5 be amended to reserve one space as his own, having the two -day limit waived for his space. He stated it was difficult for him just to stay there for two nights, as it was an 18- hour -a -day operation. He stated that was an additional space besides the space to be used by the night watchman, referred to in Condition No. 10. Discussion followed. Attorney Knutson discouraged further discussion, stating that only very specific questions could be asked and if the Council wanted to hear public hearings on Conditional Use Permits, the Ordinance would need to be amended. He instructed Councilmembers to direct questions to staff. Councilman McPhee then inquired of the Planning Director what the health and safety issues Planning Commission members who opposed the permit did not feel had been addressed. Planner Carr answered that there had been a history of garbage, such as shrimp shells, etc., dumped over the side into the Harbor; a history of complaints filed about grey water discharge on the site; concern expressed by members of the Planning Commission that grey water, particularly the matter of grey water dumping, was not adequately addressed. Councilman Hallett also inquired. City Planner Carr responded that Planning Commission members were not comfortable that the conditions had adequately addressed environmental concerns. He stated they had not presented options, and the vote was taken, resulting in a 3 2 vote, thereby granting the permit (subject to Council approval). During further discussion, Councilman Schermer indicated his desire to amend Condition No. 5. Councilman Stamon moved to establish Condition No. 11: That the owner be allowed to occupy one of the spaces and that site may be served by power but not by water. Following further discussion, it was added that occupancy be limited to a three -month period in any one year. Councilman Quast concurred. On call for the question, the motion carried, with Councilman Hallett voting "No E. Conditional Use Permit Granted Pacific Cities The Council considered a request for a Conditional Use Permit to allow a senior citizen retirement complex, up to 99 units, to locate in the RMF, Residential Multi Family District, located at Uplands Drive. Councilman Quast moved to concur with the recommendation of the Planning Commission and grant the Conditional Use Permit, subject to the following conditions: (1) This project shall substantially conform with the site plan as sub- mitted to the Planning Department June 3, 1987, included here with the Department Report as Attachment No. 1; (2) A final landscaping plan shall be submitted for approval to the Planning Department. Said landscaping plan shall substantially conform with the landscaped areas of the June 3, 1987, site plan. The final plan shall include type, size, number, location for all plants and method of irrigation. Said plan shall be submitted within 30 days of issuance of this permit; (3) A re- designed, detailed parking plan indicating setbacks, wheelchair access for the handicapped, northern ingress and southern egress locations, and the RV parking ingress and egress location accessing to the proposed paved Uplands Drive; (4) The applicant shall provide curb cuts consistent with the City standards for the proposed new construction on the west side of the proposed Uplands Drive; (5) Individual parking spaces shall be identified by striping, wheel barriers, or other means approved by the Public Works Department; (6) The emergency access turn around for the 89 -unit retirement resident shall be developed with a minimum 50 -foot turn around radius for vehicles; (7) The landscaping islands extending into the proposed resident and visitor park- ing areas shall be removed to allow better vehicle movement within the project site and to increase vehicular safety; (8) All structures on the project site shall conform with the height and setback requirements of the RMF Zoning District; (9) All trash and discarded material shall be stored in a concealed and enclosed storage area consisting of a block wall or solid wooden fencing. This area shall be depicted on the landscaping plans CITY COUNCIL MEETING 7 6 7 June 16, 1987 to be reviewed by the Planning Department. Solid waste materials shall be removed from the site in a timely manner; (10) Uplands Drive shall be improved consistent with the City of Port Angeles standards at the time of the project development; (11) A grading and drainage plan shall be provided to the Public Works Department and implemented to restrict the rate of run -off from the site so that rate does not exceed the existing run -off of the 25 -year storm. Said plan shall be approved by the Planning Director; (12) The courtyard located at the northern end of the 89 -unit retirement residence shall be wind- screened so as not to reduce the view of the Strait from the courtyard. Said wind screen shall be included in the landscaping plan submitted to the Planning Department; (13) All security lighting shall be directed away from the surrounding properties; (14) All signs on the property shall be consistent with the City of Port Angeles Zoning Ordi- nance; (15) This Permit shall be permanent without a review period unless a review becomes necessary, pursuant to Condition No. 16; (16) The Planning Commission may, following a public hearing and subject to review by the City Council, with right of appeal to Superior Court, review this Permit in the future if the Commission finds that the use to which the Permit is put is detrimental to the public health, safety, and welfare, or constitutes a public nuisance as a result of a change in the nature of the use, non -com- pliance with the conditions, or failure to mitigate impacts identified in the Environmental Impact Statement (EIS). Such review may result in no action, adding conditions, such other action to achieve compliance with laws applicable at time of Permit issuance, mitigate impacts identified in the EIS, and /or protect the public health, safety and welfare, or revoca- tion of the Permit; (17) The permittee shall permit the City of Port Angeles or representative(s) or designee(s) to make periodic inspections at any reasonable time deemed necessary in order to assure that the activity being performed under authority of this Permit is in accordance with the terms and conditions prescribed herein; (18) If this Permit is not used within one year from the effective date of approval, this Permit shall be considered null and void; (19) The applicants and owners shall comply with all State and local subdivision regulations; (20) The applicants and owners shall comply with the conditions of the Uplands #4 preliminary plat ap- proval; and citing the following findings: (A) The proposed retirement residence is consistent with the RMF Zoning District and the City of Port Angeles' general plan: the dwelling unit density is within the maximum allowed and the use is residential and similar to other permitted and conditional residential uses in the District; (B) This use has been condi- tioned by Items 1 to 20 to ensure that it shall not be detrimental to the health, safety, comfort, and welfare of the general public; (C) The poten- tial impacts of this proposal are mitigated by use permit conditions. A determination of non significance has been adopted and this proposal is also within the scope of the EIS for the Uplands Division #4 Subdivision; (D) As conditiond, the proposal can be compatible with the permitted and potential residential uses of the surrounding zones. Councilman McPhee seconded. Councilman Hallett discussed with Planner Carr as to the differ- ence between permitted use and conditional use in the Residential Multi Family District. He further discussed with Planner Carr environment of the area, low water pressure, as well as the proposed traffic impact. Planner Carr elaborated. Following additional discussion, on call for the question, the motion carried. K F. Parking Variance Granted Pacific Cities The Council considered the request for a Parking Variance to allow reduc- tion of the number of parking spaces required from 198 to 60 spaces, in association with a senior citizen retirement complex located in the Resi- dential Multi- Family District, on Uplands Drive. Councilman Stamon moved to concur with the recommendation of the Planning Commission to approve the Parking Variance, subject to the following conditions: (1) The apartment structure be used for elderly residents only; (2) The back -up off street parking plan showing the required 198 off street parking spaces, or a ratio of 2 spaces per unit, be filed with the Planning Department; and citing the following findings: (A) Elderly households generate less demand for off street parking than conventional families; (B) The additional off street parking spaces are unneeded and would reduce the available space for landscaping and amenities on the site. Councilman McPhee seconded. Coun- cilman Schermer inquired as to the proposed ratio in comparison with the Gund Plaza approval. Planner Carr responded that it was similar to the ratio of the Gund Plaza. Councilman Stamon inquired if land would be reserved for the back -up off street parking plan required by Condition No. 2. Planner Carr indicated this was true. Following further discussion, on call for the question, the motion carried. 7 6 V CITY COUNCIL MEETING June 16, 1987 G. Minutes Accepted and Placed on File Councilman Quast moved to accept and place on file the Planning Commission minutes of June 10th. Councilman Stamon seconded and the motion carried. Councilman Hallett asked about a situation on West Tenth Street and Mr. Miller's response. Planner Carr expanded on the issue, explaining that an investigation was underway. BREAK The meeting was then recessed for a break from 9:00 to 9:15 P.M. 4. Kreisel Street Vacation Ordinance Adopted Councilman Quast reported on the recommendation of the Real Estate Com- mittee that compensation of $1,000 be accepted for the street vacation. Following discussion, Councilman Quast moved Mayor Whidden read the Ordinance by title entitled ORDINANCE NO. 2446 AN ORDINANCE of the City of Port Angeles vacating a portion of Peabody Street abutting Lot 11 of H. Maguire's Addition. Councilman Quast moved to adopt the Ordinance as read by title, establish- ing $1,000 as the amount of compensation under Section 2. Councilman Schermer seconded and following discussion, the motion carried. 5. Fair Toll Coalition Agreement Authorized Councilman Quast moved that the Mayor be authorized to execute the agree- ment with the Fair Toll Coalition and Kargianis, Austin. Councilman Schermer seconded. Councilman Hallett inquired if this was a specifically appropriated amount in the budget. Staff answered yes. Councilman McPhee inquired regarding how shares of different cities, counties, etc., were determined and if everyone else had paid their share. Councilman Quast answered that the Cities of Sequim and Forks and the City of Port Townsend, even Jefferson County, have not proportionately contributed as originally stipulated. He stated that shares were determined somewhat based on population and also on budget abilities. Councilman Quast indicated that Clallam County, the City of Port Angeles and the Port of Port Angeles had contributed the major share. Councilman Stamon also brought up the fact that the amount contributed had been greatly exceeded by the amount already expended in litigation. Councilman Quast stated that the bill now exceeds $200,000 and the amount raised in the time since litigation began was approximately $41,000. During discussion, Councilman McPhee asked if there were any negative result that could come to the City by entering into this agreement. The City Attorney could think of no negative results. He stated one of the reasons this contract is being done now is not only to appropriate money spent this year but also to cover money that was paid previously; i.e., to put the contractual relationship in writing. On call for the question, the motion carried. 6. Lease Agreement Authorized With Operation Uplift Councilman Stamon moved to concur with the recommendation of the City Manager and authorize the Mayor and/or the City Manager to execute the agreement with Operation Uplift for a six -month period. Councilman Quast seconded; however, he noted concern over the term of the lease and recommended that after the first six months the lease not be renewed for more than 30 -day periods, due to the City's plans for developing that piece of property. During discussion, Attorney Knutson indicated that the 30 -day termination provision would be relied on; and pointed out that wording changes were needed in Sections 23 and 24 of the Lease to make it consis- tent; for example Operation Uplift does not care for the terminally ill. Manager Flodstrom stated that it had been indicated to Denise Heassler, Director of Operation Uplift, that the City would not be able to make any commitment to extending the lease beyond the initial six -month period until closer to that date when a better idea of the City's plans for development of the property could be determined. Councilman Quast also noted concern that an announcement had appeared in the Operation Uplift Newsletter that the authorization had already been granted by the Council. Councilman CITY COUNCIL MEETING 7 6 9 June 16, 1987 Stamon pointed out that the City had given initial approval of the concept at the previous Council meeting. The motion carried. 7. Permission Granted to Solicit Consultant Proposals to Review Telecable Services and Facilities Councilman Stamon moved to concur with the recommendation of the Utility Advisory Committee and authorize (1) The City should request proposals from consultants for technical review of Telecable services and facilities with the cost of such consultant services being charged to the franchise; and (2) A draft ordinance should be prepared consistent with the Utility Advisory Committee's input as dfiscussed, for presentation and discussion at a public hearing to be held at the July 7, 1987, City Council meeting. This draft ordinance would be subject to change, based on input from the public, the consultant, Telecable, and City staff. Councilman Hallett seconded. The Council and staff discussed the matter at length. Council- man Stamon added to her motion that a public hearing be scheduled for July 7, 1987, to allow public comment on the issue. Council discussed wording revisions in the Ordinance, making recommendations. Councilman Stamon also recommended continuing the public hearing process over several months, pending information obtained from consultants. Councilman Hallett compli- mented Attorney Knutson for the specific information he provided in his memo. Councilman McPhee wanted to know why the Council was getting involved in all of this. Councilmembers explained. Following further discussion, on call for the question, the motion carried. 8. Park Board Minutes of May 21, 1987 Councilman Schermer moved to accept and place on file the minutes of the Park Board meeting of May 21, 1987. Councilman Stamon seconded and the motion carried. Councilman Quast concurred with the recommendation by Park Commissioner Beil that the local newspaper do a feature article on Little League complex at Lincoln Park and the amount of use it gets. 9. Property on Seventh Street Between "C" and "D" Not Declared Surplus Neighborhood to Share Maintenance Manager Flodstrom stated that the Council could see there was a recommenda- tion on the part of the Park Board in the Park Board minutes, essentially recommending that the property not be surplussed if there is agreement on the part of the property owners in the immediate area to assist the Parks Department in maintaining the Park. He stated he had talked with Park Director Brodhun` who informed him that an agreement had been worked out. Councilman Stamon then moved not to surplus the lot on Seventh Street and to direct the Real Estate Committee to continue to search for an alternate piece of property for the land trade. Councilman Schermer rose to a point of order, moving to bring this item back on the table. Council- man Stamon seconded and the motion carried. Councilman Stamon then re- stated her previous. motion. Councilman Quast seconded and the motion carried. Councilman Quast asked that Councilman Stamon add to the motion "due to the agreement for maintenance by members of the neighborhood Councilman Stamon concurred. She asked if this agreement was going to be put in writing. She discussed this briefly with Parks and Recreation Director Brodhun. On call for the question, the motion carried. Councilman Quast asked if benches could be installed for adults. Parks and Recreation Director Brodhun confirmed that they could. Councilman Quast suggested participants in the "Adopt -A- Park" program consider donating toward the acquisition of benches. 10. Out -of -Town Travel Request Over $500 for City Light Employee Approved Councilman Quast moved to approve the out -of -town travel request for attendance by Gary Leaf at the NWPPA Rate Symposium in Vancouver, BC. Councilman Stamon commended Light Director Orton for his break with tradi- tion in not sending two employees to this Symposium, but rather one em- ployee to bring back information. The motion carried. 7 7 0 CITY COUNCIL MEETING June 16, 1987 11. BPA /City /PUD Morse Creek Transmission Agreement Removed This item was removed from the Agenda, as information was not ready. 12. Ordinance Defining Certain Misdemeanor Offenses Under City's Criminal Code Adopted Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2447 AN ORDINANCE of the City of Port Angeles relating to criminal law and amending Ordinances 2129, 2188, 2213, 2404, and 2442, and Title 9 of the Port Angeles Municipal Code, adding new Chapters 9.24 and 9.42 and a new section to Chapter 9.34. Councilman Quast moved to adopt the Ordinance as read by title. Councilman Stamon seconded. Following discussion, on call for the question, the motion carried. 13. Agreement Between City and Clallam County Fire District No. 2 For Mutual Aid Not Renewed Councilman Hallett moved to concur with the Fire Chief's recommendation and not renew the agreement with Clallam County Fire District No. 2 regarding ambulance assistance. Councilman Schermer seconded. Following discussion, on call for the question, the motion carried. It being after 10:00 P.M., Councilman Stamon moved to continue with the items on the Agenda. Councilman Hallett seconded and the motion carried. 14. Confirmation of Civil Service Interview Board Members for Parking Control Officer Councilman Quast moved to concur with the recommendation of staff to include the following individuals on the interview board for the position of Parking Control Officer: (1) Launne Boice, Parking Control Supervisor, City of Port Townsend; (2) Frank Thayer, Business Manager, Peninsula Collage; (3) Sandra K. Asbe, Human Resources Assistant, City of Port Angeles. Councilman Stamon seconded and the motion carried. VIII CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hesla reported on the Volkswalk held the previous weekend. He stated it seemed to be a success, and there were approximately 600 participants. Upon inquiry, Councilman Hesla also confirmed that suffi- cient funding had been obtained for the Fourth of July fireworks display sponsored by the Chamber of Commerce. He thanked the Volunteer Fire Department for their fundraiser which raised approximately $400. sAt Councilman Hallett called attention to Item 10 on the Information Agenda, having to do with the City's Investment Policy; as well as Item 21, which is a utility rate survey which indicates how our rates stack up with our peers. He felt both of those items deserved particular attention. Councilman Hallett inquired about the TCACC meeting what had been the response to the KOMO television commercial. Councilman Stamon stated she could not answer that question, as a general Board meeting had not yet taken place; this had been an Executive Board meeting. Councilmembers dis- cussed briefly ways of determining responses received. Councilman Stamon recommended contacting the Charter Boat Association, which had donated its toll -free number. Councilman Quast requested clarification, stating that we had given $5,000 -plus dollars, or $6,000 and was dismayed to hear that now, as a telephone number, we had given a private number to a private party who has a charter boat operation. He understood that Mr. Gage had a telephone and a portion of the current Chamber of Commerce office. Coun- cilman Stamon answered that there was not an office or a staff person at the time the commercial was made. Councilman Quast voiced extreme dismay and requested Councilman Stamon take the matter up with the Board. CITY COUNCIL MEETING June 16, 1987 Councilman Stamon inquired of Planner Carr as to the status of the Water- front Trail. Planner Carr responded that it had not moved any further. Councilman Stamon requested Planner Carr notify the organization, reminding them that it had been a month now. Councilman Stamon also stated she noticed that the lift for handicapped individuals had been installed at the William Shore Memorial Pool. She stated it was in and operational and looked like a really good job had been done on it. She also noted that an item on the Information Agenda showed the need to set a public hearing July 7th on the proposed ambulance ordinance. Attorney Knutson stated if Council concurred, notices of public hearing would be prepared. Councilman Stamon also called attention to a letter from Clallam- Jefferson Headstart, thanking Officer Bill Rodocker for the fine services he had extended to some of their programs. She felt that deserved to be publicly mentioned and that it was a very complimentary letter. She stated that it fell right in line with the Drug Awareness Program now being instituted and was an example of the good programs being done for the young people in the community. She also asked the Fire Chief to check on a newly constructed residence to assure it had been sprinklered. Councilman Quast thanked Manager Flodstrom for the very good letter to Doug Lloyd, stating that it was long overdue. He also stated he would like to have placed on the next agenda, or the following, discussion of a parking policy for employees at the new City Hall. He felt it important that Council know how many full- and part -time employees the City has. He felt the City should take the lead in offering stalls free of charge to its employees, and in requiring employees to park in those designated numbers, discouraging them from parking along the streets. Councilman Quast referred to the decision on the part of the Red Lion not to expand, and the need to reconsider the promoting mid -sized conventions in this town because now we cannot place them. Manager Flodstrom stated that we can place them, but not necessarily all in one facility or offer them meeting facilities. Councilman Quast stated the Council might need to look again at the Vern Burton facility, particularly since there is no other facility available in the community. Councilman Schermer referred to the draft parking ordinance, specifically the one part addressing regulation of parking meters. He asked if that was going to stay in the ordinance. Assistant Police Chief Myers answered probably not; that revisions were still taking place in the draft. Mayor Whidden announced a dinner put on by the American Heart Association on June 26th, the novel part of this dinner being the request folks from City Council and other governmental bodies to act as waiters or waitresses. Councilman Stamon volunteered, as did Mayor Whidden,as well as Councilman Schermer and Manager Flodstrom. Councilman Stamon indicated this was a kick -off event for the establishment of a local chapter for the Heart Association in Clallam County. Councilman Quast stated he had been under the impression that United Way was one concerted agency that funded all of the various other agencies, such as the Heart Association, and noticed the apparent influx of this type of organization. Councilman Stamon stated that one reason might be that in order to be a United Way member agency you were not allowed to conduct fund raisers during the months of September, October, and November, which is when a lot of these larger organizations do conduct some of their fund raising. Councilman Quast also stated that the main reason for United Way is that local people can supervise the collec- tion and distribution of funds and can have a clear picture of how much goes for administration. Councilman Stamon responded that this information was required to be provided in fund raising brochures by Federal law. Mayor Whidden also announced an invitation from the Port Angeles Business Association for its annual installation banquet on June 29th. He also referred to Item No. 13 on the Information Agenda, a letter from ITT Rayonier thanking Public Works staff for their assistance during a recent problem with their pumping system. He also referred to a letter of appreciation regarding Russell Carlson's involvement in the Community Service hours program. 771 7 7 2 CITY COUNCIL MEETING June 16, 1987 IX ADJOURN TO EXECUTIVE SESSION The meeting was adjourned to executive session at 10:26 P.M. for the purpose of discussion two items of litigation and real estate. The length of the executive session was estimated to be approximately 20 minutes. X RETURN TO OPEN SESSION The meeting returned to open session at approximately 11:05 P.M. XI ADJOURNMENT The meeting was adjourned at approximately 11:10 P.M. Clerk si Mayor