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HomeMy WebLinkAboutMinutes 07/18/19891398 Staff Present: Public Present: V FINANCE None. VI CONSENT AGENDA VIII LEGISLATION CITY COUNCIL MEETING Port Angeles, Washington July 18, 1989 I CALL TO ORDER Mayor McPhee called the regular meeting of the Port Angeles City Council to order at 7:03 P.M. II PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Sargent. III ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Haguewood, Hallett, Hordyk, Lemon, Sargent. Members Absent: None. Manager Flodstrom (arrived at 8:50 P.M.), Attorney Knutson, Acting Clerk Headrick, 0. Miller M. Cleland, B. Titus, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, B. Coons. H. Fulkerson, R. Reidel, R. Self, D. Vautier, H. Medley, C. Lee, K. Davison, D. M. Hansen, H. Berglund, D. Dumdie, J. Glass, S. Breakstone, 0. Campbell, E. Colompos, D. P. Brewer, L. T. Beil, R. D. Tensil, J. Ware, P. Cronauer. IV APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 5. 1989 Councilman Hordyk moved to accept and place on file the minutes of the regular meeting of July 5, 1989. Councilman Lemon seconded and the motion carried unanimously. Councilman Sargent moved to accept the items as listed on the Consent Agenda, including: (1) Out of State Travel Requests (A) City Light Two (2) employees to attend Overhead Operations Workshop in Coer d'lene, Idaho; and 0) Public Works Director to attend National APWA Conference in Florida; (2) Correspondence from Washington State Liquor Control Board; (3) Vouchers of $254,809.97; and (4) Payroll of 7 -14 -89 of $274,840.43. Councilman Gabriel seconded the motion, which carried, with Councilman Lemon abstaining on Item #2B (Liquor license renewal for Biens Market Basket) because of a possible conflict of interest. VII ITEMS FROM THE CITY COUNCIL /AUDIENCE TO BE CONSIDERED /PLACED ON THE AGENDA Councilman Sargent requested that Item No. 14 be added to the agenda a Discussion on the City's Centennial Committee. 1. PlanninE Commission Minutes of July 12. 1989 Mayor McPhee read a statement regarding the appearance of fairness doctrine, outlining the relationship between himself and Councilman Lemon. Because of the employer /employee relationship and the Shoreline Management issue before the Council, Mayor McPhee asked if there was anyone who objected to Councilman Lemon and himself participating. There were no objections made. On call for the question, the motion carried unanimously. -2- 1399 CITY COUNCIL MEETING July 18, 1989 A. Conditional Use Permit CUP 89(05)8 Campbell Request for a social club to be located as a Conditional Use in the CSD -C2. Community Shopping District. Location: 4407 Fairmont Avenue Councilman Sargent moved to concur with the recommendation of the Planning Commission to approve a Conditional Use Permit to establish a social club at 4407 Fairmont Avenue, subject to the following conditions: (1)' Indoor events shall end no later than 1 AM on Friday and Saturday, and 11 PM on Sunday through Thursday; (2) If substantive complaints regarding noise are received by the Planning Department, the Planning Director will inform the applicant and the Planning Commission. The hours authorized for meetings may be reduced and /or other mitigating measures required by the Planning Commission; (3) The Planning Commission may recommend revocation of the permit to the City Council if, in the future, the Commission finds that the use to which the Permit is put is detrimental to the health, safety, morals, comfort, and general welfare of the public, or constitutes a nuisance; (4) If the existing parking provided on -site proves to be inadequate for the use permitted, further parking shall be developed, in compliance with the Parking Ordinance 1588, as amended, and approved by the Public Works Department; and citing the following findings of fact: (A) The location of this over -sized commercial lot is physically suited for the fraternal association, as conditioned; (B) The proposed use, as conditioned, will not result in significant impacts to the surrounding residential land uses; (C) The granting of this Conditional Use Permit is in the general public interest, as conditioned by this Permit, and will allow adequate safeguards to ensure the welfare of the people residing in the vicinity and to the people of Port Angeles at large. Councilman Hallett seconded the motion, which carried unanimously. B. Shoreline Management Permit SMA- 89(07)10 Daishowa America: Request for a shoreline permit to allow upgrade of the alder chipping facility and dredging of the adiacent Harbor area. Location: Marine Drive and vacated "K" Street Councilman Sargent moved to concur with the recommendation of the Planning Commission and approve the permit, subject to the following condition: (1) A site plan designating and limiting the location of material storage and construction trailer placement shall be submitted to the Planning Department for approval by the Building Division, Fire and Light Departments, in order to assure public safety and welfare during the construction phase of the project only; and citing the following finding of fact: (A) The proposed upgrading of the existing facility and Harbor dredging are in order to decrease the loading time and decrease the number of ships loaded annually from the existing alder chip facility, without an increase in the annual capacity of this existing facility. Inherent in the design of this facility expansion, as proposed and conditioned, will be sound attenuation and particulate control, achieved by completely enclosing the 380 -foot conveyor and entirely enclosing the chip blower on the loading tower. As such, the proposal is consistent with the purpose of the Urban Environment, General Regulation C.1 and C.4, because the proposal is the expansion of an existing facility designed to reduce the impacts on the residential community to the south; and Use Activities F.14.a, c, and d, because the proposal is to upgrade and expand an existing water dependent inIustry. Councilman Lemon seconded the motion. During discussion on the motion, Councilman Hordyk questioned Planner Miller as to the location of the proposed mooring dolphin. Planner Miller and Councilman Hallett discussed the noise from the chipper and why the concerns regarding noise were not included in the Commission's recommendation. Planner Miller explained that no complaints had been received regarding noise from the chipper; moreover, the EPA can monitor the noise levels to make sure they are not harmful to the public. C. Conditional Use Hearing CUP 89(07)13 Sybil: Request for a permit to allow expansion of an existing conditional use for a skating rink. located in the RMF, Residential Multi Family District. Location: 707 South Chase Street Councilman Hallett moved to concur with the recommendation of the Planning Commission and approve the Conditional Use Permit to expand an existing 1400 CITY COUNCIL MEETING July 18, 1989 conditional use for a skating rink in the RMF, Residential Multi Family District at 707 South Chase Street, subject to the following condition: (1) The site shall be developed for one living unit. Prior to occupancy, this living unit must meet the requirements of the Building Code and Uniform Fire Code; and citing the following findings: (A) The proposed use is consistent with the City of Port Angeles Residential Policies of the Comprehensive Plan; (B) A single living unit on this property, as conditioned by this permit, will not adversely affect the surrounding properties; (C) The Conditional Use Permit, CUP- 78(4)5, in operation for eleven years, will not be significantly modified, and the Planning Department has received no complaints in the eleven -year period from the public concerning the conditionally allowed land use. Councilman Sargent seconded and the motion carried, with Councilman Hordyk voting "No Councilman Hordyk moved to accept and place on file the Planning Commission minutes of July 12, 1989. Councilman Lemon seconded and the motion carried. 2. Consideration of Resolution for Abatement of Public Nuisance Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 18 -89 Councilman Sargent moved to pass the Resolution as read by title. Councilman Hallett seconded the motion. During discussion on the motion, Mayor McPhee asked if there were any comments from the public. There were none. Councilman Hallett questioned Public Works Director Pittis as to the time frame allowed property owners in the clean -up of their lots. Public Works Director Pittis responded that the owners usually give the Department a schedule of when they can complete the work. The schedule varies, but it is usually five to ten days. On call for the question, the motion carried unanimously. 3. Revised Sin Code Ordinance for Central Business District Mayor McPhee read the Ordinance by title, entitled D. Acceptance of Minutes A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. ORDINANCE NO. 2542 AN ORDINANCE of the City of Port Angeles amending Ordinance Nos. 2152 and 2 the Downtown Sign Code. Councilman Hordyk moved to adopt the Ordinance as read by title. Councilman Lemon seconded. During the discussion which followed, Councilman Sargent distributed a proposed amendment to the Ordinance. She explained the proposed changes would modify the grandfather clause by allowing non conforming signs additional time to make such changes as are needed. Instead of the original five years, it would be extended to ten years (to 1991). Councilman Sargent felt this was more fair to those businesses which had already spent a great deal of money to comply, and it would put the City in a better position regarding possible litigation. She pointed out that Attorney Knutson had checked the wording of the proposed amendment and he felt the change would not need to be returned to the Planning Commission for consideration. Councilman Sargent then moved to amend the Ordinance as follows: Page 1, paragraph 2, delete "two" and insert three; Page 1, paragraph 6, third line, delete "but received no evidence substantiating that any Downtown businesses spent money in order to remove or correct pre -1982 non conforming signs; -3- 1401 CITY COUNCIL MEETING July 18, 1989 yet, on the other hand, the Council did receive much comment during the public hearing to the effect and add and. The paragraph would then read: "WHEREAS, the Council received testimony during the public hearing that Downtown businesses spent money complying with the Sign Code and that the existing Sign Code was unfair to, and discriminated against, pre- existing non conforming signs; and Page 15, delete paragraphs 3 and 4 and substitute the following: "(3) A prohibited sign, existing and in use on January 1, 1982, may be retained in use until December 31, 1991, provided that if the business or service advertised by the sign is discontinued during that ten -year period, the sign shall be removed within thirty (30) days of discontinuance. Such sign shall be either removed or made to conform to the requirements of this Ordinance by January 1, 1992; (4) Any sign which is of a type of sign permitted under Section 7 of this Ordinance, but which does not conform to the specific requirements for that type of sign, and existing on January 1, 1982, shall be classified as legal nonconforming, and may remain in use until December 31, 1991. Such sign shall be either removed or made to conform to the requirements of this Ordinance by January 1, 1992." Councilman Gabriel seconded the motion. During discussion on the motion to amend the Ordinance, Councilman Sargent outlined her reasons for proposing the changes. She felt she could not support the Ordinance as written because of those businesses which have already complied, and by giving some extra time, perhaps the other businesses can be brought into conformance. Attorney Knutson then pointed out that one additional change was needed at the top of page 2 to make it consistent with the amendment fifth line down, following the word "continue add for 5 more years. Councilman Hallett spoke to the amendment, noting that he was not entirely in favor of the amendment; however, it is reasonable. The reasons for the amendments have merit and the changes are appropriate. Councilman Hordyk spoke against the amendment because it still did not address his concerns about discrimination and inconsistencies. He felt the Ordinance should be left as written until the court decides on the issue of non conforming signs. Councilman Sargent and Attorney Knutson then briefly discussed the two pending lawsuits against the City and what effect the Council actions will have on those lawsuits. Mayor McPhee expressed his disappointment that an amendment was even proposed. He read Councilman Sargent's quote from the previous meeting minutes in which she supported the motion to alter the Ordinance only to the extent that non conforming signs be grandfathered until the use of the business is altered. Mayor McPhee pointed out that he had accepted the compromise at the last meeting and he felt this amendment would drag the matter on. In regard to resolving the litigation, Mayor McPhee pointed out that signs last longer than 5 years and if the City takes something away, then the City should pay for it. He also felt that potential lawsuits against the City could be strengthened if the Council goes back on this. He was certain that some of the non conforming signs more than 5 years of life left in them, and he did not think the government can or should be able to take things away from people. In response to Mayor McPhee's comments, Councilman Sargent pointed out that she was not entirely comfortable with Councilman Hordyk's motion at the last meeting and after more thought, she felt the changes were appropriate. She also pointed out that instead of giving the sign owners 5 years, the amendment gives them 10 years to amortize the life of their signs. Following additional comments from Mayor McPhee regarding preservation of old signs, Councilman Hallett spoke in favor of the amendment. He noted that any Councilmember has the right, upon reflection, to modify or alter his position on a matter. He also pointed out that the Planning Commission had voted unanimously to recommend the Council approve the originally revised Ordinance; that the majority of Downtown businesses has complied with the Ordinance, and of the six who are non conforming, the Council has only heard from three the Elks Club, Haguewood' s and the Red Lion. In Councilman Hallett's opinion, if the Council did not approve this Ordinance as amended, or if they did not approve the revised Ordinance, the Council -4- 1402 CITY COUNCIL MEETING July 18, 1989 is basically patronizing the people in the community by saying the Council can ask you to do what you need for yourself, but the Council will really decide what is right. He felt the Mayor was speaking for a select few and if the Council does not give the Downtown businesses what they ask for, then they are giving special privileges to one or two people. The amendment is reasonable in that it gives the owners of the non conforming signs an extension of time to take any sort of action they wish and is fair to the majority of Downtown businesses which have already complied. On call for the question, the motion to amend the Ordinance failed, with Councilmen Gabriel, Hallett and Sargent voting "Aye and Councilmen Hordyk, Lemon, and Mayor McPhee voting "No Councilman Haguewood abstained. The Council then discussed the original motion to adopt the Ordinance as read by title. Attorney Knutson pointed out that the changes to page 1, paragraphs 2 and 6, as suggested by Councilman Sargent, still apply and should be included. The amendments on page 1 were acceptable to Councilmen Lemon and Hordyk. Councilman Hallett referred to an article in the Peninsula Daily News concerning the Downtown Sign Ordinance and the cost to some merchants to comply. Additionally, if the Council approves this Ordinance, in direct opposition to the unanimous disapproval of the Planning Commission and the vote of the majority of the Downtown Association, and directly opposite to what the majority of Downtown merchants have done, then the Council may be opening the door to litigation. In conclusion, Councilman Hallett stated the Council should do the right thing and defeat this Ordinance, as presented, and not give special privileges to six signs. Mayor McPhee also referred to the Peninsula Daily News article and directed attention to a quote in the article that "the Council's telling you that if you don't want to do something and can fight it, you don't have to obey the law. I don't think that's good government." Mayor McPhee stressed that is American government and this country exists because people who were the government did things that were wrong and if this Council went along with what the previous Council had done, they would be doing something wrong also taking away someone's property because someone else had an idea of what is attractive or beautiful. On call for the question, the motion carried, with Councilmen Hallett and Sargent voting "No" and Councilman Haguewood abstaining. 4. Response to Roger Reidel's Work Program /Employment Assistance Program (Continued from July 5. 1989) Councilman Sargent moved to direct staff to prepare a letter to the State for the Mayor's signature supporting the labor- management cooperative efforts and to gain support toward funding for the displaced workers in the Port Angeles area affected by plant closures and lay -offs in the timber industry. Councilman Hallett seconded the motion. During discussion on the motion, Roger Reidel, business representative for IWA, briefly explained the proposal to develop ari employment or employment assistance program for people who are out of work because of the M R Mill closure or the PenPly sale and workforce reduction. He stressed the need for a commitment from the Council and other area agencies to get the attention of the State Legislature to focus funding in the Port Angeles area. Following questions from Councilmen Hordyk and Lemon concerning unemployment benefits and the scope of the program, the question was called and the motion carried unanimously. Councilman Sargent commended Mr. Reidel on his work on this proposal. 5. Request from Twin Harbors Community Coalition for use of Office Space at Old City Hall Councilman Sargent moved to instruct the City Manager to work with Twin Harbors Community Coalition regarding use of the old City Hall and to operate a re- employment support center in Port Angeles, and bring back a -5- 1403 CITY COUNCIL MEETING July 18, 1989 contract for the Council's consideration. Councilman Hallett seconded the motion. During discussion, Councilman Hordyk asked whether this would be in conflict with Mr. Reidel's proposal and suggested the Council support one group now until the outcome is determined before the Council supports another source of re- employment support. Councilman Hallett spoke in support of the motion, noting that this agency may work in harmony with Mr. Reidel's proposal, and is looking toward immediate solutions; whereas Mr. Reidel's proposal is more of a long -range plan. Councilman Lemon expressed his concerns about the impact this would have on the Downtown area. It was his opinion that the City had too many non profit agencies already. He also pointed out that the old City Hall was to be sold to pay for the new City Hall. Councilman Sargent stated she felt this would go hand -in -hand with what Mr. Reidel is doing, and would be a temporary measure. Councilman Haguewood requested more information on Twin Harbors Community Coalition before any decision is made. Councilman Gabriel concurred. Attorney Knutson informed the Council that he had contacted Mr. Berrell, Director of Twin Harbors Community Coalition to get additional information on what type of services they offer. Mr. Berrell informed him that they provide a number of services, but were unsure of which services they would provide to Clallam County. Following further comments, Councilman Sargent withdrew her motion until additional information can be received. 6. Request for Financial Assistance DWI Task Force L.I.F.T. Home Proeram This Agenda item was withdrawn, at the request of the DWI Task Force. 7. Resolution: DWI Victim's Panel Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 19 -89 A RESOLUTION of the City of Port Angeles in support of a DWI Victim's Panel in Clallam County. Councilman Hallett moved to pass the Resolution as read by title. Councilman Lemon seconded. Attorney Knutson explained the purpose of the Victim's Panel and pointed out that it does not involve any fee. On call for -.the question, the motion carried unanimously. Mayor McPhee pointed out that he had compared the crime statistics of three cities the size of Port Angeles and found that Port Angeles had the lowest crime rate. He commended the Police Department on this fact. 8. Sole Source Resolution: Animal Shelter Facilities Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 20 -89 A RESOLUTION of the City Council of the City of Port Angeles designating the Clallam County Humane Society as the sole source for animal shelter services for the City of Port Angeles. -6- 1404 CITY COUNCIL MEETING July 18, 1989 Councilman Hordyk moved to pass the Resolution as read by title. Councilman Sargent seconded and the motion carried unanimously. 9. Reauest for Funding: Domino's 16 -Year Old Babe Ruth Baseball Team Denver Gouge, 969 Dietz Road, representing Domino's, addressed the Council to request funding for Domino's 16 -year old Babe Ruth team. The funds will be for the Team's trip to a baseball tournament in Texas and will be in exchange for work done around the City by the team members. Councilman Hordyk stated he had helped start the Babe Ruth program in Port Angeles and was a coach for seven years. The City sponsored a baseball team until approximately 1979, when the State Attorney General would not allow cities to participate as a sponsor. Councilman Hordyk questioned Mr. Gouge as to how much money the sponsors contribute. Mr. Gouge responded that the sponsors contribute a flat $2,500 fee at the beginning of the season, which pays for uniforms, etc. Attorney Knutson then pointed out that the City would not be just donating the money; the team will be doing work around the City in exchange for the funding. Councilman Hallett spoke in support of the request, noting that the Council has discussed in the past the need to support outside agencies. He then moved to direct the City Attorney to prepare an agreement whereby the Council would pay $1,500 to Domino's in exchange for an agreed -upon list of work to be done, such payment to be compensation for work performed. Councilman Haguewood seconded the motion. During discussion on the motion, Councilman Sargent asked Mr. Gouge how much money has been earned thus far. Mr. Gouge indicated they have earned approximately one -half of what they need. Councilman Hordyk and Attorney Knutson then discussed the Attorney General's ruling regarding City sponsorship of teams, with Councilman Hordyk requesting Attorney Knutson review that ruling when drafting the agreement with Domino's. On call for the question, the motion carried, with Councilman Hordyk voting "No BREAK Mayor McPhee recessed the meeting for a break at 8:15 P.M. The meeting reconvened at 8:30 P.M. 10. Request for Assistance: Steve Breakstone Diversified Industries "Walkabout" Program Steve Breakstone, a counselor at the Lauridsen Group Home for the developmentally disabled, gave a presentation to the Council on a "Washington State Walkabout sponsored by Diversified Industries. Mr. Breakstone, his dog Dixie, and Reggie Feckley, a '8iember of the Group Home, will be walking 1,300 miles throughout Washington State to help raise money for the Lauridsen Group Home and, more importantly, to meet people and raise the general population's awareness of the developmentally disabled. Following Mr. Breakstone's presentation, Councilman Sargent suggested he contact Senator Paul Connor for his assistance and support. There was no Council action on this matter. 11. Request to Extend Hours of Dance: Derby Days Councilman Hallett moved to authorize extended hours of 9 P.M. to 1 A.M. for the Derby Days dance on July 21st. The motion was seconded by Councilman Sargent. Following a few brief comments from Derby Days Queen Katherine Davison, the motion carried unanimously. 12. Schedule Utility Advisory Committee Meeting 1405 CITY COUNCIL MEETING July 18, 1989 A Utility Advisory Committee meeting was scheduled for August 14th at 9:00 A.M. 13. Letter ReEardina City's Concerns on Timber Related Issues There were no objections to the Mayor signing a letter to Congressman Al Swift, Senator Brock Adams, and Senator Slade Gorton regarding the importance of the timber and wood products industries in Port Angeles. Councilman Haguewood suggested the letter also be sent to Senators Bob Packwood and Mark Hatfield of Oregon. 14. Request for Fundine: City Centennial Committee Councilman Sargent informed the Council that a preliminary meeting of the City Centennial Committee had been held, and she submitted a request for funding to help the project get started. Following a brief discussion, Councilman Hordyk moved to authorize an expenditure of $2,700 from the General Fund for the Centennial Committee. The motion was seconded by Councilman Hallett and carried unanimously. IX CITY COUNCIL COMMITTEE REPORTS /LATE ITEMS Councilman Hallett reported that he had met with the McDougal Street residents on the 6th and Councilman Hordyk had met with the residents on the 10th. There will be another meeting on July 26th, and they will report at the August 1st meeting. Councilman Sargent questioned Parks Director Brodhun in regard to the drop in attendance at the Pool. Director Brodhun replied the reason was two- fold: (1) The Pool had been closed for annual maintenance; and (2) The Sequim Pool has had an impact on attendance. X ADJOURN TO EXECUTIVE SESSION The meeting adjourned to executive session at 9:00 P.M. to discuss potential litigation and a labor issue. XI RETURN TO OPEN SESSION The Council returned to open session at approximately 9:45 P.M. XII ADJOURNMENT The meeting adjourned at approximately 9:46 P.M. CC.89 Acting Clerk Mayor NOTICE OF ALL FOR BIDS IS HEREBY GIVEN led bids will be rec- y the of Port Angeles at it 5th Street of said if 2:30 p.m., Wednes- y 26, 1989, for fur 'he following: 11 services to munici- lings. ieets, specifications >tructions are avail )m the City Clerk's P.O. Box 1150, Port WA 98362. Phone ■7 -0411, ext. 118. bids shall be opened p.m., Wednesday, 1989, at 321 East 5th Port Angeles City 1 Council reserves the accept or reject any bids or any part David T. Flodstrom City Manager Ay 11, 18, 1989. immary of Ordinance adopted by the t Angeles City Council ieir regular meeting of May 16, 1989 RDINANCE #2536 -A dinance vacating a por- rf Alder Street and al- Block 133, Thomas W. ''s Subdivision and ing a specific amount j ompensation and the cation of a power line lent. ordinance shall take ef- I days after publication. text of said ordinance oe mailed upon req- Michelle M. Maike City Clerk July 23, 1989. CITY OF PORT ANGELES PUBLIC NOTICE NOTICE is hereby given that the City of Port Angeles is receiving applications to be placed upon the Small Works Roster of the City. Appli- cants must be licensed con- tractors in the State of Washington. Contractors whose names appear on the small works roster may be contacted from time to time to submit proposals for con- tracts in the amount of $100,000 or less. Applications must be submit- ted on the application form prepared by the City of Port Angeles. Far application forms please contact: City of Port Angeles Attention: Becky Upton P.O. Boxz 1150 Port Angeles, WA 98362 (206) 457 -0411, Ext. 120 Applications for summer and fall projects need to be received by the City no later than August 18, 1989. The roster will be in effect from September 1, 1989 to August 31, 1990. Jack N. Pittis,P.E. Director of Public Works Pub.: July 30, Aug. 6, 1989. NOTICE IS HEREBY GIVEN that the PORT ANGELES CITY COUNCIL will hold a public hearing on AUGUST 1, 1989, at 7:00 P.M., or as soon thereafter as possible, in the City Council Chambers, 321 East Fifth Street, Port Ange- les, to consider a request for VACATION OF CITY RIGHT -OF -WAY. LEGAL: That portion of Third Street abutting Lots 11, 12, 13 and 14, Block 51, and Lots 7, 8, 9 and 10, Block 72, Town -site of Port Angeles. The property is generally described as being east of Valley Street. APPLICANT: Arthur Snydal PROPERTY OWNER: Arthur Snydal, et.al. STATE ENVIRONMENTAL POLICY ACT (SEPA): N/A All interested parties may appear at the hearing and express their opinion on this proposal. DATE: July 10, 1989 Michelle Maike Pub.: July 14, 1989 City Clerk ADVERTISEMENT FOR BIDS City of Port Angeles PROJECT NO. 89 -7 Sealed bids will be received by the office of the City Clerk at 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington 98362, until 2:30 P.M., August 15, 1989, and not later, and will be opened publicly at that time in the City Council Chambers. Chipping of brush and lum- ber at City of Port Angeles Landfill. Specifications may be ob- tained from the office of the City Engineer, City of Port Angeles. Bidders shall be qualified for the type of work proposed. A Bidder's Construction Ex- perience Form is included_in contract documents. be proposals ubmitted on bids he pres- cr form and, in the man- ner as indicated in the Pro- posal Requirements and con- ditions and said proposals or bids be by a bid shall proposal depos t in the form of cashier's check, postal money surety bond in the amount of five percent (5 of the to- tal amount of the proposal or bid. 1f a surety bond is used, said bond shall be issued by a surety auth- ue nrsrto is- sue said bonds in the State of Washington. The bond shall specify the surety's name and address and shall appointing power r attorney signatory o the bond authorized to execute e it. Faxed bids and /or surety bonds shall not be accepted. The City of Port Angeles re- serves the right to 'accept the proposals or bids and award contracts to responsi- ble bidders which are in the to interest best of postpone the acceptance of proposals or bids and the award of the contracts for a period not to exceed thirty (30) days; or to reject any and all proposals or bids received and further adver- tise the project for bids. When awarded contracts, the successful bidder shall promptly execute contracts and shall furnish bonds of faithful performance of the contracts in the full amount of the contract prices. Bids must be sealed with the outside of the envelope marked d 6155, OPENING 1989 at DATE P.M.) PROJECT (Chipping of Brush). Name and address of the bidder should also ap- pear on the outside of the addrressed o he City Clerk, 321 East Fifth Street, P.O. Box 1150, Port Angeles, Washington Jack E. Pittis, P.E. Director of Public Works Pub.: July 28, 30, 1989. ORDINANCE NO. 2542 AN ORDINANCE of the City of Port Angeles amending Ordinance Nos. 2152 and 2182, the Downtown Sign Code. WHEREAS, on June 7, 1988, the City Council received a petition from Downtown business persons asking for a review of the Downtown Sign Code; and WHEREAS, the Council referred the Downtown Sign Code to a committee of three Councilmembers and members of the Downtown Association for review and recommenda- tions; and WHEREAS, the Committee's proposed revisions were put to a vote of Downtown business persons and then referred to the Planning Commission; and WHEREAS, the Planning Commission and City Council each conducted public hearings on the proposed Downtown Sign Code revisions; and WHEREAS, the revisions recommended by the Committee and the Planning Commission and the Council's modifica- tions will update the Downtown Sign Code, allow certain signs that were previously prohibited, resolve inequities, correct problems that have been identified since its adop- tion in 1981, and recognize the importance of the vehicular as well as the pedestrian nature of Downtown traffic; and WHEREAS, the Council received testimony during the public hearing that Downtown businesses spent money complying with the Sign Code and that the existing Sign Code was unfair to, and discriminated against, pre- existing non- conforming signs; and WHEREAS, the revisions recommended by the Committee and the Planning Commission, which allow certain prev- iously non conforming signs to continue forever, and the Council's modifications, which allow pre -1982 non- conforming signs to continue until the businesses are discontinued, fill a need in the Downtown by providing visible notice for the motoring and tourist public and con- vention attendees, who may be unfamiliar with the loca- tion of Downtown tourist related businesses and services, and thus enhance the economic viability of the Downtown and further the efforts of various governmental and busi- ness entities to promote tourism and convention business in the City of Port Angeles; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Or ction 1. Section 2 of Ordinance 2152, as amended by dinance No. 2182, is hereby amended to read as follows: Section 2. DEFINITION. (1) Except where specifically defined herein, all words used in this Ordinance shall carry their customary mean- ings. Words used in the present tense include the future, and the plural includes the singular. The word "shall" is mandatory; the word "may" denotes a use of discretion in making a decision. The words "used" or "occupied" shall be considered as though followed by the words "or intend- ed, maintained, arranged or designated to be used or occupied (2) .Banner A piece of man -made or natural cloth or fab- ric, displaying a distinctive non- commercial design, attached by one or more edges to a pole or staff or other device intended for such display. (3) Billboards Outdoor advertising signs containing a mes- sage, commercial or otherwise, unrelated to any use or activity of the property on which the sign is located. (4) Display Surface That part of a sign structure used to display an integrated advertising message. (5) Marauee or Awning A permanent covering structure projecting horiziontaiTy trom and attached to a building, affording protection from the elements; including but not limited to fire resistive cloth awnings and mansard roofs. (6) Person Any individual, corporation, association, firm, partnership and the like, singular or plural. w7 _Right -of -way means a dedicated or owned right -of- qy of the City. n e een t outer boundaries tnnereoj. within which may be loc iiep�c(� a street. hiehway. s/ ciewalK alley, avenue. or other gtl'ucture used for oectestrian or vehicular tram:, nr a utility structure or apourte a ce A r eht -of -wav or ,ase ppt is included within the aetIj�1top q "Rieh -of -wa f w ether sucn right-of-way or ea„arn,.n, IA currently use or nbt. 8) Shopping Mall for the purpose. of this Orcchhapce, a pin mail is roup o a tvlt dl T o sso ci ori e n e56► siuntiee or one n gt o t 7x� rlA o �mown activities of the us) Tess s at an ent t V. ene ally oc�rlrr r- i in one ppwld but occcpys oepally occurring in more han n o ne g0il lfig o site tff3 11 oevelooed and ppi,�er s as a singje� in 1 d entity. (9) idewalk e g that portion of the ri._-of -way, if anv r Eh is s g 5 g Tre l for ged.strrl n `use, aerp ,pnt and wo parallel other i b a! �Y frog strip!, Ir b yea e tiTn rvl F1.0) Sj n Any letters, figures, design, symbol, trademark or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine or merchandise, and inc- luding display urfaces and supporting structures thereof. (911) ..$jen Area The area of the sign shall be the sum of each display surface, including both sides of a double faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign unless the structure is designed in a way to form an integral part of the display. t (12) qien A -Frame A small sign f jstJ[�g of wo pp identi(,ally sized surtgc Pe P, n 11 iors at 1 the to an c�aoa 1 a of oqp n o aln7 'V. Qq 1 pie rrl jcipt width so that Inc sip suodo s itsel and fogk L o e a9 Mbi al "A" wnen viewe from a point oerpendiculal- the i�+j+solav surfaces, 13) Sien. Freestanding, A single or multiple faced sign, supported from the ground by one or more columns, up- rights or braces. (14) Sien. Ma yy or Awnine Any sjpP attached to, sup v or r 6rp 6 ated in a mars I i df- wring, (1.491A ien. Pedestria A small sign designed to identify a business to a pedestrian and indicate the location of the entrance. (-1-4.1,5„) Sen. Prqiecting Any sign other than a wall sign whic extends more than twelve (12) inches from the fa- cade of the building to which it is attached. (3217) Sign, Roof Any sign erected upon, against or di- rectly above a roof or on top of or above the parapet of the building. (+318) Sien. Rotating Any sign which rotates on a fixed axis. (54191 Sign T mporary A sign constructed of cloth, can- vas, cardboard, wallboard or other light material, intended to be displayed for a limited period of time, not to exceed ninety (90) days within a single calendar year, unless oth- erwise specified in this Ordinance. (3520 Sien. Wall Any sign attached to and supported by ,x.,11..1 the nl .nnn of I the wall of a building or the wall of a structure, with the 1 (1722) Street A public right -of -way which affords a prima- ry means of access to abutting property. (1123) atreet Frontage The side of a building facing the street. (2924) Surface Area car Facade The surface area or facade shall be the area of that continuous exterior front, side or back surface of a building, including doors and windows, but excluding any roof area. Section 2. Section 4 of Ordinance No. 2152, as amended by Ordinance No. 2182, is hereby amended to read as follows: Section 4. PERMIT. (1) geauired. No person shall erect, relocate or otherwise construct or alter any sign in the Central Business District without complying with this Ordinance and, when requir- ed, obtaining a sign permit from the Building iespecter Division of the City of Port Angeles. A separate permit shall be required for each sign for which a permit is required. (2) Permit An lication. Each permit application shall be filed with the w ing 4nspestoe. Division by the property owner, lessee, contract purchaser, or other person entitled to possession of the property, or by an authorized agent, on a form provided by the City, and shall contain and include the following: (a) Building name and location. (b) Building owner and lessee; sign owner and sign lessee; name of business; primary product and /or service. (c) Location of existing and proposed signs. iti Description- of •igw3; din r materials, and copy material. (e) Required fee. (1) Name, address, and telephone number of the sign installer. (p-) Notarized statement that the building owner or an auth ri ed reoresentative will remov the sign witnin one year if the business becomes non -opera ing (3) Permit Fee Schedule. A permit ee in an amount as shall from time to time be set by the City Council by 1 resolution shall be paid to the Building irispeeto• Division. (4) Activities Exempt from the Permit Reouircments. The following activities shall not require a permit: (a) The changing of advertising copy or message on a lawfully erected painted or printed sign, theatre marquee or .sjmilar signs specifically designed for the use of change- able copy. (b) Maintenance or cleaning of a sign, and repainting existing copy of a permitted sign or legal nonconforming sign, provided the repainting of a legal nonconforming sign does not occur after the amorization period. Section 3. Section 5 of Ordinance No. 2152, as amended by Ordinance No. 2182, is hereby ame to redo Tr follows: Section 5. EXEMPT SIGNS. The following signs are _exempt_ from the permit requirements of this Ordinance: (1) Official traffic signs, directional signs, banners, signals, business directory maps, kiosks, and public notices erected by public authorities. (2) Informational service signs, such as "Customer Park- ing", "Driveway Entrance" and "Exit not to exceed six (6) square feet. (3) Signs identifying public conveniences, such as rest rooms, telephones, bus stops and taxicab stands, not to exceed three (3) square feet. (4) Informational warning signs, such as No Trespassing No Dumping No Parking not to exceed -64- (b) eight a square feet. (5) Building address identification numbers d•reited 4e Art to be no wore than twelve ((12 inches in height, nor less than six `61 inches in height. Number material must con pt with Wall color they Are mounted on. (6) A permanent building identification, including building plaques, cornerstones, name plates and similar devices. (7) Temporary political signs and signs displayed in win- dows of party political headquarters, provided they are removed within fourteen (14) days after the election. (8) Temporary decorations customarily displayed at special holidays, such as Christmas and Independence Day, provid- ed they are removed within fourteen (14) days after the holiday. (9) One temporary real estate sign for each street frontage located on the premises for sale, lease or rent, not ex- ceeding eight (8) square feet; provided that it is removed fourteen (14) days after the sale, lease or rent of the premises. (10) One temporary sign for each street frontage denoting the architect, engineer or contractor, placed upon work under construction, not to exceed Ow eight 408; square feet; provided it is removed fourteen (141 days after com- pletion of construction. (11) Any sign located within .a building not visible from the street or sidewalk. (12) Flags on government and commercial institutions. (13) Sculptures, fountains, mosiacs, murals. not incor- porating advertising or identification of a business. (14) Sandwich board signs worn by a person while walking the public ways of the City. (15) Signs painted directly on windows, and window signs, except as the type of sign may be specifically prohibited by Section 8 of thistrdinance. (16) Traditional theatre marquees, not exceeding two hun- dred sixty (260) square feet. (17) Barber Poles. Although these liens are exempt, an electrical permit is required for installation. (18) Iemootwv community service signs which are grected by community service organizations are intendefi to rec- ord and display the oroeress toward a community e al or announce a mina co myynity event do not xxccQgQ two hung red (20{1) rp sqLiare tcet. are installed our a p_ permit. re removed within fourteen (14) days after the event and are up tor more than th, ee (3) months in any calen4ar year or in any six-month period co^irnenci t the att_ t installation_ eYce t that tnis Seciinn shall not all c 2.., e signs that are specifical- ly t7rghibirpd by Sect of t of g n his Qrdinance: exceot further that tor the purpose_ of thi: Section. community service signs shall not be cQnsiid re billboarj s. Section 4. Section 77 of Or inance o. 2152, as amended by Ordinance No. 2182, is hereby amended to read as fol- lows: S ection 7. PERMITTED SIGNS. (1) Total $ien area on ets. Each individual business with street frontage may have a total sign area of all non exempt signs not to exceed 20% of the surface area of the building facade occupied by' the business. or two hundred (200) square feet, whichever is less, and up to 1• i •I 1. 1 •11 carte not occupied by the business. When a building is located on more than one street frontage, each visible building fa- cade shall be considered separately. Such signs may be wall 'signs, marquee signs. pedestrian signs, freestanding signs, projecting signs, or any combination thereof, subject to the following standards: (a) Wall Signs. Wall signs shall be mounted parallel to the building tacade and shall project no more than eigh- teen (18) inches from the wall on which they are attached. (b) Marpu?e or Awning Signs. A sign may be mounted on the front or front outer top edge of a marquee or awning, parallel to the street frontage; provided that the sign shall not exceed a vertical distance of two (2) feet c___a _..a 1....:..,.,.a�l v.1..n of 4{�n n,,en„nn ur d wni ec an sins are Conce, e from view; or a sign may be mounted on the side of a marquee or awning, provided it does not extend above the top of the side. A sign d may be repuprted qn tots pf a i maro ee or a Vrje ha t t S0 itt ore than 'cur and d d h (4-1/21 fact from fhe building fa- t rid A sign that proiects below the marquee or awning shall comply with the requirements of ect:'n "1)c "-'e I 1 trian siyn.. The slp area for a bat lit marypyuee or aw- ning sign nrripnso of if'.Lv!OUa letters. figures, g s 44 q� f a u( mounted r IP, than hi(r (di high. _e,1 fram su f the -q e pr awning shall not include the lighted Dap gr un that is du a Ile area that ))rcumsrr bts th 2„ er r limits c the dimensions of the sr. (c) Pefiestrian Signs. A pedestrian sign attached to the 1 underside of a marquee or awning shall be at a right angle to the plane of the building facade and not extend beyond the outer edge of the marquee or wp//nn A clearance of not less than eight (8) feet frorttfl tfhaerly- ing sidewalk shall be maintained. Said sign shall not ex- ceed twelve-04) six (61 square feet in sign area oer side. (d) Freestanding Signs. Where all portions of a Duilding are located more than fifteen (15) feet from the street right -of -way the building may have one freestanding sign. in addition tp the slope allowed nn the building. provid- ed that it Freeing -iges shall not exceed 44 ty-(-56 twenty -five (25) square feet in sign area er side or twenty (20) feet in height 0 the building has tt tgee on two or more )reets and the building is more than tortv (40 feet .11 ii.,.- street.N. thp- building may have ony feet of sign area ner side hat shall not xceed one h rea 11 T) e P or a to at w hu p re t r� �1 satlere feet of sign area. whichever is ess. or hirty (301 feet in hht royi�1e that the sin are shall be rpnsid- e paid of th6 total sign area o the building and des ucted GG pal from the allowable sign area of the facades pm ail mote tan roily qi teet trom the street: ana fierier �p rded That the Si ff ff r'ea of the treestar)gLng sign ri p k d e tat srd area allowed the buildfn (e Protecting Signs. Projecting signs may be mounted at a right angle to the plane of the building facade, provided the sign shall not extend more than four and one -half (4 -1 /2) feet beyond the facade of the building. Further provided that signs occurring under marquees or shall be governed by the requirements for pedestrian signs in Subsection (1)(c) of this Section. Projecting signs not occurring under marquees shall maintain a clearance of not less than eight (8) feet from the underlying sidewalk. (2) Upper Floor 4 a $es. The total sign area for a busi- ness occupying ari Mgr story of a building with street frontage shall not exceed 20% of the surface of the build- ing facade occupied by the business, or two hundred (200) square feet, whichever is less. An upper floor business or businesses may have one sign on the street level iden- tifying the upstairs businesses, provided that said sign shall not exceed six (6) square feet. (3) Multiple businesses. Arcades and Galleries. The total sign area of two or more businesses sharing a common facade with at least one business not having a street frontage shall not exceed 20% of the surface area of the common facade. One additional sign, not exceeding six (6) square feet, listing all of the businesses may be provided. (4) Sign Area on Alleys. Each individual business with alley frontage may have a total sign area of all signs hot to exceed 10% of the surface area of the building facade on the alley occupied by the business; provided- however. that ip rviduaf hysinesses without street frontage may nave. 2 or 200 square fp_pt. whichp -vpr is less. Alley signs s all be mounted parallel to the building facade and project no further than twelve (12) inches from the wall on which the sign is attached. (5) Sige Area on Walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, in accordance with Subsection (1) of this Section; provided, that only the area of the exposed wall shall be considered the surface area of the facade. (6) S aping Malls. The total sign area for a shopping mall facade shall not exceed 20% of the facade or three hun- dred (300) sauare feet, whichever is less. Signs may he placed on any facade of a shopping mall, provided fhe rg�rnum allowable sign area for that facade is not ex- c and the sign is part of a master sign permit in the name ot tfle Mapaeer of the ma(1 that identifies all off e signs for the shopping mall. Where all portions of he shopping mall are more than fifteen (15) feet from he street right -of -way. one fr _est n ine sign per sit—eat tront- age, with a maximum of two ((2 such signs per site, may jfe insta))e rarovici d7oat da h sign sha)I not exceed ttwenty 0 feet in height and two hundred (200) square feet in t ots area. or one hundred (100) square feet in area per side: provided. gowever, that for those signs con- taining over one hundred 10) sauare feet or s }r area, the display surfaces shall be parallel and back- to- pacISto g n each other: and further provided that the r area sha i be included in the total permitted sign area tor th e facade on that samy street frontal (7) Non Building Busin�ess. The total sign area for a busi- ness in which no bortio bui ot the businness occurs within a ing shall not pxcpe 64 square tee oer street front- a g and shall be locate on the oroofirty of the business. 146n-building bpsInes. signs may be tree standing. provid- ed that each sign shall not exceed 20 feet in height and 32 sauare teet in sign area per side: provided that there shall not be more than one (1) free standing sign per street (o tag Section 5. Section 8 of Ordinance No. 2152, as amended by Ordinance No. 2182, is hereby amended to read as follows: Sectjgq IT PROIjIBITEp SIGNS. The following signs are prohibited in the Central Business District: (1) All signs illuminated by, or containing, blinking, flash- mg intermittent or_ moving lights; all flashing. rotating. pr intermediate Ehts in. on or around windows. rootlines. 1 or building exteriors: provided that digital time/ tempera- ture signs and he moving hands of a clock otherwise allowed under this Ordinance shall not be prohibited. (2) All roof mounted signs, including any signs painted directly on the roof surface. (3) All strings of pennants, banners, flyers, ribbons or other fluttering devices; provided that such devices may be displayed to make notice of the opening of a business for ,_period. not, to _exceed ten X10) days. This section shall. not. pro hibit seasonal decorations or seasonal banners affixed' to light poles by the Municipality or non profit 1 organizations. (4) Billboards. (5) Temporary signs etteMea- 4e,• located on or resting against a motor vehicle, .g trailer, bicycle. of rater. or s)erpratnr ryar/ for the purpose of advertisement or dir- ec ing people to a business. i (6) All signs which purport to call attention to a business or building with words such as "look "stop "slow down" 1 or other words of like import or which are similar to traffic signals or signs. (1) An mooing, rotating or animated signs, except barber i poles. 48} AN signs- painted- dicestly -o4 Lidikiiag- Eases,- walls -sor I 4444414g -strecku pal -cem ffoaents provided. -theme fie i Med- signs are- peceetted -if -tie- agplfcaet- poets -a- bead -or- •sense .other #eras -of ecur,ty— in --a4- aeiear4 sditieieet -4o-- refoeys i the- sign-, as -the -P- blie Y4or-ks-Depa4reenl. PI n oving, rotating or animated signs, except barber poles. f8)- 414 sigfls- painter;~dir-eotly -ow ling- tases walls -or bd4ldiRig -str-o a4ura err4s; -l7'e ed, -t +a peioie signs are- per toltied -4f appkeaet- pasts- a- ben d—o -seme other- larr• -of 6ec4.1r4y -ir) --ar4.- aoleur s4,1f44sieet -1e- remove tike sigr� as deterFo+ned-loy- 441e- P41401.4 Wrorks- epar4reent.. (9 All signs which no longer serve an on -going business. (18e1 AIL signs which have no permenent attachment to a building or the ground, including but not limited to A- frame signs, pole attachments and mobile signs. (119)_ Projecting signs that project further than four and one -half (4 -1 /2) feet from the building facade; provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in Sec- tion 7(1)(c). (11) A -frame siens are not allowed in the rieht- of -way. (1_21 All signs not specifically addressed herein and con- trary to the provisions of this Ordinance. Section 6. Section 9 of Ordinance No. 2152, as amended by Ordinance No. 2182, is hereby amended to read as follows: Sectio fl VE f4QVAI OF PROHIBITED AND NON CONF. RMING IGNS. 114- in- r>+aety -(68) -clays,-the Iiuiidiag- laspeeter -chill &ossify- cc eerie-- te-be- elessifiec 5rg a -rn-4he Gewira4 Bltsiness- -9istrie4 -69- eitiaer- relribited- legal- -oat. eoftfoce tg- er 4ermitteel". (z1) The 43ctIc iog-- Iraspester Division shall notify either the business pwner and the sign owner or lessee, or and the owner of the property, of each sign that is either a I prohibited or nonconforming sign under the terms of this Ordinance. ¥his -completion- of- 419e- .Buildir+g-- Inspestec'6- zlassifieatiow. taa If a ehibited -sign advertises a business no longer existing or a product no longer sold ..on the premises for the previous 365 days. it shall be removed within thirty (30) days of receipt of the notice from the Building laspec- ,tor• Division. )f thee. sign is not removed within the thirty (301 day period. the City may remove or cause to be removed the nrin comglvipfl siren and place a lien against the Drooerty for the cost of such removal. I (431 A prohibited sign, existing and in use on January 1, 1982, may be retained in use, -arrtil -December-SIT 1986, provided that if the business or service advertised by the sign is discontinued during- tkfat- five- year-per+od• the sign shall be removed within thirty (30) days of discontinuance. Soeh-sign- shell-loe- i4her temevecl-er --ri de- to.eeotoraa -to f4+e- reetr4renferstself 44(►is-0cdirienee-14y- darway -.1, 7. I (64) Any sign which is of a type of sign permitted under Section 7 of this Ordinance, but which does not conform to the specific requirements for that type of sign, and existing on January 1. 1982. shall be classified as legal nonconforming, and may remain in use until Beeember -3-1, 1486- srickr- sign-skall be either removed nor mnde- to-eanferra Q. tl;e•- requ+_r .c't•s of --this- rdinenee -Isyarnvery -1 7-198; (thirty (30) days after the business or service advertised by the sign is [liscontlnueo.