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HomeMy WebLinkAboutMinutes 07/19/19881070 I CALL TO ORDER Members Absent: Staff Present: Public Present: III PLEDGE OF ALLEGIANCE IV APPROVAL OF MINUTES V FINANCE None. CITY COUNCIL MEETING Port Angeles, Washington July 19, 1988 Mayor McPhee called the regular meeting of the City Council to order at 7:00 P.M. II ROLL CALL Members Present: Mayor McPhee, Councilmen Gabriel, Hallett, Hesla, Lemon, Sargent, Stamon. Manager Flodstrom, Attorney Knutson, Clerk Maike, P. Carr, M. Cleland, R. Orton, S. Brodhun, L. Glenn, J. Pittis, D. Wolfe, K. Ridout, B. Becker, T. Reid. D. Willson, J. Newlin, Mr. Mrs. C. Alexander, R. French, J. Glass, J. VanOss, T. Marvin, M. Switzer, M. Bauer, M. Fischer, L. Sunny, L. Lee. The Pledge of Allegiance to the Flag was led by Cub Pack 477 from Hamilton Elementary School with Dave Logan, Cubmaster, members Jason Cline, Tom Diimmel, Marc Logan, Tristan Knutson. Councilman Sargent moved to accept and place on file the minutes of the July 5, 1988, regular City Council meeting. Councilman Gabriel seconded. Councilman Stamon offered a correction to Register Page 1065, under Item 8, to add "Councilman Stamon commended Personnel Manager Coons and staff for their efforts on the Personnel Policy and Procedures Manual." Councilman Lemon offered a correction to Register Page 1062, second paragraph from the bottom of the page, regarding a comment he made on a statement that Councilman Hallett had made. He asked that the Clerk check the tape, as he believed he had said the exact opposite. On checking the tape, clarification of the statement was made so that the sentence would read: "Councilman Lemon in commenting on Councilman Haliett's statement, said Councilman Hallett interprets the ordinance and lives by the letter of the law. Councilman Lemon has heard from people on other issues that feel ordinances are not put into black and -white but used as a guideline for services for the public." On call for the question, the motion carried. K 1. Request Payment of Retainaee to Burke Electric for Work Done on Morse Creek Hydroelectric Proiect of $27.596.69 Councilman Sargent moved to approve the release of payment of the retained 3. Request Payment to Riddell. Williams of Representation on the WPPSS Issue Councilman Lemon moved to authorize payment of the Williams bill in the total amount of $2,645.48 seconded. Councilman Gabriel requested from the City Attorney to Riddell, Williams in regard to the WPPSS issue be in the Information Packet at the next meeting. On call for the question, the motion carried. On call for the question, the motion carried. VI CONSENT AGENDA On call for the question, the motion carried. 1071 CITY COUNCIL MEETING July 19, 1988 $2.645.48 for Legal June 1, 1988, Riddell, Councilman Sargent the total amount paid brought to the Council 4. Recommendation on Bid Award for Golf Course Road Electrical Work Councilman Sargent moved to concur with the recommendation of the Light Department and award the bid to the lowest responsible bidder and authorize the Mayor to sign a contract with Continental Systems, Inc., in the amount of $41,369.32, to relocate /underground the power lines along Golf Course Road. Councilman Gabriel seconded. Councilman Stamon directed a question to City Light Director Orton regarding the UAC decision to underground totally versus overhead and combination of underground in certain areas, asking if this method had been incorporated into the bids. Director Orton replied the bid did reflect the UAC's decision to partially underground the project and leave the remaining overhead. Councilman Hesla moved to accept the items on the Consent Agenda, including (1) Correspondence from Washington State Liquor Control Board; (2) Vouchers of $317,905.17; and (3) Payroll of 7 -10 -88 of $256,196.44. Councilman Hallett seconded. Councilman Sargent stated she was glad to see the installation of the automatic doors and questioned the purchase of chairs on pages 2, 3 and 6 of the Voucher Approval List. Administrative Services Director Wolfe replied the chairs were purchased for the conference rooms throughout the City and were paid for by each Department. VII,ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA Orin Yates, 1327 East Sixth Street, addressed Council regarding a concern he had with the City Light project being done on the 1300 block of East Sixth Street, stating that during work being performed by the crews, damage had been done to a curtain drain; also the neighbors in the area were starting a petition to attempt an LID. Those people did not feel it was their responsibility to pay during the LID process for the damage done by the City Light crews to the curtain drain. He stated this is the responsibility of the City to pay for the damages done and requested that it be brought to the attention of the City. Public Works Director Pittis thanked Mr. Yates for bringing the problem to their attention. He stated they were aware of the damage done and were in the process of rectifying the problem. 1072 CITY COUNCIL MEETING July 19, 1988 had hoped to come forward when the ordinance was enacted. Also, this was the kind of activity which was in the Goals and Objectives of the Council. On call for the question, the motion carried. Bob Baker, 519 West 13th Street, addressed the Council in regard to a concern he had with special interest groups dictating where City money is spent in the Parks and Recreation area. He felt special interest groups have too much pull and that money spent needs to be put to a better use; e.g., playgrounds. One specific example he gave where he felt money was being spent unnecessarily was the Park on Cedar Street, Elks Playfield. There was a fence erected earlier this spring which he estimated the cost to be $5,000. He indicated the fence is put up in the morning and taken down in the evening. There had been a lot of maintenance done in and around that fence, whether it was weedeating, putting it up, taking it down, and painting. He stated he was told by the Parks Director the fence was paid in full by the softball groups; however, he had his doubts. He spoke at length regarding money being spent to promote baseball and not to fix up existing playgrounds and play areas in town. Councilman Stamon requested Parks Recreation Director Brodhun to give Council a run -down on the revenue that is generated by the adult baseball, what the cost of the fence was and who paid for it, the period of time it is being used, and the estimated cost of the City to maintain that fence. Director Brodhun stated the Parks policy is adult sports leagues pay a user fee to use the parks, which includes all parks maintenance of the fields, and the other half of the policy is youth sports play at no charge. He stated when Parks decided to erect the fence at Elks Playfield, it was their intent to seclude the neighbors from the late night softball games which take place and also something nice for the softball players, as they had requested a new fence. He stated the softball league paid for all materials to erect the fence and the Parks Department simply built it. Further, City park fields are reserved for softball during the summer and during the fall are reserved for soccer. In 1986, the Parks Recreation Department estimated adult softball brought in $1.5 million to the City of Port Angeles. Councilman Stamon asked Director Brodhun if there was anything scheduled in the CIP for upgrading the Elks Playfield and Lincoln Park. Director Brodhun stated there was $9,000 or $10,000 scheduled this year to replace the playground at Elks Field, with future expenditures planned, and the existing problems with Lincoln Park need to be addressed. Currently the Parks Department only has a part -time caretaker, who maintains a 7 to 10 acre park. Councilman Hallett asked who sets the policy and gives Parks Recreation direction in terms of where to channel their resources. Director Brodhun stated when it comes to the fees of the users, or the softball leagues, the softball league has a board of directors and the board makes requests to the City. If the Parks Recreation Department is agreeable to their concepts, they will work toward accomplishing those goals. Council and staff discussed this item at length. Councilman Stamon stated the comments made in regard to this issue could be taken into consideration during the budget process this year. Councilman Stamon requested Council add to the agenda Item No. 14, Discus- sion Regarding Information Received from United Way in terms of an offer to provide assistance to the Council. Mayor McPhee requested Council add to the agend Discussion of a Letter Regarding a Slide Area on the Truck Route. He wished this to be placed as Item 15. Councilman Hallett moved to add Items 14 and 15 to the Agenda. Councilman Stamon seconded and the motion carried. Parks Recreation Department, the project would not have happened, and he sincerely thanked them. He also thanked Manager Flodstrom, Councilmembers Hallett, Stamon and Sargent for their assistance. A video was then shown of the recap of the Youth Conference work done throughout the City. The video presentation was approximately 10 minutes long 2. Presentation by the PADA (President Bill Barrere's Letter Attached) Carol Boardman, speaking on behalf of the Port Angeles Downtown Association, commended the City Council, City staff, especially the Parks Recreation Department, for their efforts in the beautification of the Downtown area. She presented each Councilmember with a rose. 3. Public Hearings A. Street Vacation Reouest STV- 88(6)5 Groshone Continued from July 5. 1988 Golf Course Road Proiect Detour Mayor McPhee opened the public hearing at 7:55 P.M. comment, he closed the public hearing. Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2502 On call for the question, the motion carried unanimously. 1073 CITY COUNCIL MEETING July 19, 1988 City of Port Angeles/ Sixth and Boulevard- There being no public AN ORDINANCE of the City of Port Angeles vacating the north 20 feet of Lauridsen Boulevard abutting Lots 1, 2, 3, and 4, Block 216, Townsite of Port Angeles. Councilman Sargent moved to adopt the Ordinance as read by title. Councilman Hesla seconded. Councilman Gabriel asked Public Works Director Pittis to estimate the length of time before the project was finished. Director Pittis replied they estimated it to be 60 working days. Councilman Gabriel suggested an alternate detour, using Third Street to Golf Course Road in an effort to utilize the traffic signal. Director Pittis replied that in looking at the detour, the Department decided to do the project in segments. Deputy Public Works Director Ridout explained the main portion of the project would take 40 days, which would include the underground of utilities and the road work. There is a possibility that the road would be opened to partial traffic in approximately two months. In using this alternative, the Depart- ment saves approximately $16,000 in flagging and pilot cars by having the detour. Councilman Stamon suggested the Public Works Department communi- cate -to the people who live in the Uplands area by means of a door hanger, advising them of the potential traffic flow problem of crossing First Street at Penn Street. She also suggested having an officer in a patrol car police that specific area during peak traffic hours. She felt if it became known there was vigorous enforcement action being taken,`'it might help to slow the traffic down. Councilman Hallett moved to publish the summary of the Ordinance as presented. Councilman Lemon seconded and the motion carried. 1074 CITY COUNCIL MEETING July 19, 1988 Councilman Hallett stated one of the items Council has talked about this year is a way to provide an opportunity for the Council to do more of the policy making they are set forth to do. He did not think the approval of the Zoning Code permitting modifications would in any way short circuit the due process, but quite the contrary, would allow the public to benefit because it is easier for them to go through the process. It allows staff to give the extensions and still allows the Council to be the body of appeal. Councilman Stamon pointed out this amendment relates only to Conditional Use Permits and not to any of the other permits and processes that may come before the Planning Commission. It also was recommended unanimously by the Planning Commission to adopt this particular change. This amendment is for renewals only and not for new permits. She was in favor of taking action on this particular issue tonight and then let the Planning Commission continue with their review of the other permits required under the Zoning Code. Councilman Sargent, in view of the comments made, withdrew her motion. Councilman Lemon, the seconder, concurred. Mayor McPhee read the Ordinance by title, entitled ORDINANCE NO. 2503 AN ORDINANCE of the City of Port Angeles relating to extensions on Conditional Use Permits and amending Article IX, Section 7, of the Zoning Code, Ordinance No. 1709. Councilman Sargent moved to adopt the Ordinance as read by title. Councilman Hallett seconded. Councilman Stamon offered a friendly amendment to authorize the Clerk to publish the summary. Councilman Sargent concurred. On call for the question, the amended motion carried. C. Six -Year Transportation Plan (TIP) 1989 1994 Mayor McPhee opened the public hearing at 8:16 P.M. Jerry Newlin, business owner at Eighth and Peabody, stated he was in support of the six -year TIP. He questioned whether the plan included upgrading the corridors, especially the Peabody area with regard to beautification. He suggested undergrounding utilities and requested consideration of such an issue. Public Works Director Pittis replied that traditionally, this type of work has not been included; however, if it was Council's wish to consider the cost and estimates of doing such projects, they would include it in the TIP. Mayor McPhee questioned whether it would be feasible during the upgrading of the storm drains to look at burying the sewer 'system and the power lines in the same trench. Public Works Director Pittis replied they are not always able to bury water and power and some of the other lines in the same kinds of trenches, but depending on the type of utility, they could incorporate it into the work, and the savings would be in the restoration. Councilman Stamon commented this is not a new issue; this possibility had 1075 CITY COUNCIL MEETING July 19, 1988 ridiculous as there are 28 families now having to travel on this one and one -half lane road. He stated the street was not safe to drive on or to walk on. He had received notice for a meeting regarding an LID in the area; however, he felt that it would be hard to get people to approve an LID. He also felt the City should bear the responsibility of paying for part of the project. He requested Council look into and provide him with information on whether or not any improvements would be done to the area in the near future. Mayor McPhee questioned Public Works Director Pittis as to whether or not the people of that area could avail themselves of a mini -LID, such as the one done to Rhodes Road. Director Pittis replied essentially, the improve- ments need to include the entire roadway. There are grade problems, drain- age problems, surfacing problems, and other significant difficulties. The Public Works Department's intention is to present the information to the public and then bring the results back to the Council in the Information Agenda. He stated the Department had been looking for ways to find matching grants, but because it is not an access roadway it does not meet the re- quirements of such grants. Additionally, the volume of people and traffic is not sufficient to meet the State program requirements which could assist the City. Those are some of the reasons why Council would not see this particular type of projects, or LIDs, on the six -year TIP. Mayor McPhee questioned Director Pittis if work could be done regardless of whether or not it was in the six -year plan. Director Pittis replied yes, the importance of the six -year program is to have a program, which is required by State law, to provide a mechanism for the State to see what the City's general plans are, especially for such programs as urban arterials. Those projects elected for programs come off the six -year plan, and if they are not on the plan they do not get rated for funding. The Council may, at any time, modify the plan upon holding a public hearing. He stated the six year TIP needed to be approved now because of the timing process for the urban arterial program; priorities are based upon this approval and the Department is several weeks late. Delaying the decision tonight, he believed, would be ill- advised. Mr. Govedich requested Councilmembers take the time and drive up to the McDougal area so that they could see the problems. Councilman Lemon expressed his concern about the Samara Woods area, and he questioned why that was not put into the six -year plan. Director Pittis explained the process in coming up with the TIP, stating they attempt to hit the high spots on the list. Mayor McPhee closed the public hearing at 8:38 P.M. Council and staff discussed other issues, including White Creek crossing, Eighth Street Bridge resurfacing or structural replacement, hazard elimitiation fund, and transportation and circulation patterns throughout the City. Councilman Stamon hoped that the Planning Commission could undertake a review of the Comprehensive Plan, stating it his not been reviewed or updated recently. After a lengthy discussion on the issue, Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 15 -88 1076 CITY COUNCIL MEETING July 19, 1988 Orin Yates, 1327 East Sixth Street, addressed Council regarding a letter he had received from the City pertaining to an overgrown lot that he owns. He questioned Council as to the most recent notices sent out and asked if they were directed at a specific area of the City, specifically Cresthaven. Mayor McPhee replied, no, they were not directed at that specific area; however there were a number of lots in the Cresthaven area that were being looked at. Mr. Yates stated he felt the Cresthaven area was being discrim- inated against and requested he be given treatment equal to all the other citizens within the City, and if he was to be directed to clean his lots, every citizen in the town with overgrown lots should be directed to do so, also. He wanted to know why this area was picked out and very heavily covered. Councilman Stamon updated him on the last Council meeting, stating a member of the public had come forth to speak to the nuisance ordinance and sug- gested Council maybe should do more, and one of the questions asked was how a member of the public could complain about lots they felt were nuisances. Councilman Stamon believed she was the one that suggested to the gentleman that he notify the City staff. She then asked City staff to give the approximate number of lots that have been directed to be cleared this year. Deputy Public Works Director Ridout answered the total was approximately 100 to date. Jack LaRue, 130 Viewcrest, addressed the has with a piece of property he owns at has been dumping earth material, about a of -way area. He questioned Council how Public Works Director Pittis replied the material. RESOLUTION NO. 16 -88 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. Council in regard to a problem he Eighth and "H He stated someone half yard of fill, into the right he could get rid of this material. Department would be out to get the Mayor McPhee closed the public hearing at 9:16 P.M., and read the Resolution by title, entitled Councilman Hallett moved to pass the Resolution as read by title. Councilman Stamon seconded. Councilman Lemon, in speaking to the motion, stated he had a concern with the ordinance, especially with the word "nuisance which is defined in Webster's Dictionary as "A condition, thing or person causing trouble and annoyance and inconvenience and causing of danger to the general public; a condition to cause attraction to children who will be unlikely to recognize its dangerous qualities He felt the ordinance, as written, ahouls vw "attractive nuisance" instead of "public nuisance" because of the incon- venience or danger to the public; there is an act or an action more than sight. He stated that during the public meetings, before the enactment of this ordinance, there was a major concern regarding this very issue: Howmuch do we say is a nuisance in this situation? Currently, as being enforced, a better term would be an "eyesore ordinance which Webster defines as "A thing unpleasant to look at He felt the way the nuisance ordinance was being handled was completely out of hand. He looked at all the lots on the exhibit and only found one to be a nuisance. The only 1077 CITY COUNCIL MEETING July 19, 1988 for fire; if there is a public right -of -way, it should be the Police Department; if it is broken -down cars within the right -of -way or view hazard, it should be Public Works. An appeal process to the City Council should be enacted at that point. He further stated for the record that he was in opposition to the ordinance. Number 1, these are not classified as a public nuisance but an eyesore. The examples that are given are not causing public harm. He was concerned for the City's liability in lawsuits, and felt there could be potential lawsuits concerning this situation. Secondly, City -owned property, vacant lots and parks. If we are to have a law such as this, then the City had better clean up its own back yard. Councilman Sargent stated the lots she had viewed were definitely fire hazards. Public Works Director Pittis pointed out to Council the portions of the ordinance which was being enforced under these particular provisions are fire hazard, traffic hazard, or overgrown grass. Those are the three standards. Councilman Hallett stated staff was following exactly the direction Council had given them at the last Council meeting. The ordinance was re- affirmed as written and in every one of these lots, there is no question they are in violation of the ordinance. There is still due process and the property owners have that to avail. Councilman Stamon replied she was in agreement with one point Councilman Lemon had brought out, which is the number of City lots which should be maintained, especially Fourth and "A The City should direct some effort to see that City -owned lots are properly maintained and also to ask City staff to pay particular attention to City -owned lots and make note of any areas in the City rights -of -way in which fire hazards and those types of problems exist. Councilman Gabriel commented he, too, had a real problem with the ordinance. After further discussion the question was called. The motion carried with Councilmen Gabriel and Lemon voting "No 4. Consideration of Purchase of Property for Golf Course Road Detour Councilman Stamon moved to concur with the Public Works Department and authorize entering into an agreement whereby the City would exchange the vacated northerly 20 feet of the Lauridsen Boulevard right -of -way for the easterly 70 feet of Lot 1, Block 216, Townsite of Port Angeles, under the following conditions: (1) The City would construct a temporary crossing between Boulevard and Sixth Street for the duration of the Golf Course Road project. Upon completion, the City will remove the crossing and restore the area to its natural condition; (2) The City will not open the crossing on a permanent basis for a period not to exceed ten years, or until the Groshongs sell their property, whichever occurs first; (3) The Groshongs will be allowed to use the property for a maximum of ten years if they maintain the property. Upon sale of their property (should it occur), no property rights of the Groshong's shall transfer to the new owners. Councilman Hallett seconded and the motion carried unanimously. 5. Planning Commission Minutes of July 13, 1988 A. Shoreline Manaeement Permit Hearing Port of Port Angeles 1078 CITY COUNCIL MEETING July 19, 1988 the open harbor before occupancy of this area by log booms; and citing the following findings: (A) The use as proposed and conditioned can be consistent with General Regulation C.2 and C.3, Land Use Element D.2, and Natural Systems E.1.a and 1.b; (B) Potential impacts associated with this proposal can be mitigated to insignificant levels by measures incorporated in this permit, and other required regulatory permits; (C) The proposed 16.5 acre site for storing log booms as conditioned should not significantly affect Harbor use and public activities. Councilman Sargent seconded and the motion carried. B. Shoreline Management Permit Hearing City of Port Angeles Councilman Hallett moved to concur with the recommendation of the Planning Commission and approve the Shoreline Substantial Development Permit, SMA- 88(6)89, to establish a public use windsurf park on Ediz Hook, subject to the following condition: (1) All necessary permits for the proposed development shall be obtained. The applicant shall comply with the terms indicated in this permit, unless more restrictive conditions are required by other Federal or State permits; and citing the following findings: (A) The proposed use can be consistent with the Purpose, General Regulation, Land Use Elements, the Natural Systems, and the Use Activities; (B) Potential adverse impacts associated with this proposal can be mitigated to insig- nificant levels by measures incorporated in this permit and other required regulatory permits. Councilman Sargent seconded and the motion carried unanimously. Councilman Stamon thanked Mr. Elmer and Dr. Fischer for their effort in establishing such a park on behalf of the citizens of Port Angeles. C. Shoreline Management Hearing City of Port Angeles Councilman Stamon moved to concur with the recommendation of the Planning Commission and authorize a Shoreline Substantial Development Permit to allow continued work on the Waterfront Trail from City Pier to Francis Street, SMA- 88(6)88, subject to the following conditions: (1) That six months after opening of the Trail the Planning Commission review the permit to assess impacts of parking in the Francis Street area; (2) Installation of six parking spaces on Francis Street; and citing the following findings: (A) The proposal is consistent with the City's Comprehensive Plan, specifically Circulation Policies Nos. 7, 10 and 11, Parks and Recreation Policy No. 3, and Urban Design Policy No. 2; (B) The proposal is consistent with the City's Comprehensive Parks and Recreation Plan; (C) The proposal implements the City's adopted Port Angeles Urban Waterfront Trail Plan; (D) The proposal complies with the Shoreline Master Program General Regulation C.2 and C.5 because it provides public visual and physical access to the water without detrimentally altering the conditions and characteristics of the shorelines; (E) The proposal is consistent with Shoreline Master Program Land Use Elements D.2 and D.4.a because it is an expansion of recreational areas-that provide physical and visual access to the water, and links with the existing Urban Waterfront Trail and other proposed trails in the City's plans; (F) The proposal is consistent with Shoreline Master Program Natural Systems Element E.l.e because the development of the Waterfront Trail with two beach accesses provides an extension of the public beach at the City Pier as well as public access to the water; (G) The proposal is consistent with Use Activity Elements F.19.a, b, c, and d because the level, paved Trail and two access points with rest areas, interpretive signage, exercise stations, facilitates public access to the shorelines in the center of the largest concentration of population in Clallam County, while utilizing existing developed areas (abandoned railroad grade and existing right -of- 1079 CITY COUNCIL MEETING July 19, 1988 subject to the following condition: (1) The oil storage area for new and used oil shall comply with the Department of Ecology Title 173 WAC standards 173 -303 inclusive, as amended; and citing the following findings: (A) The use, as proposed, can be consistent with General Regulation C.1, C.3 and C.4 and Land Use Element D.1.b; (B) The oil storage facility, as proposed and conditioned by this Permit, is an upgrading of the existing facility, which can function to mitigate to insignificant levels the potential for adverse impacts associated with the existing mill facility; (C) The proposed attached addition to the existing mill facility, as conditioned, should not significantly affect the Harbor use and public activities. Councilman Sargent seconded and the motion carried. E. Conditional Use Hearing Glass Councilman Sargent moved to concur with the recommendation of the Planning Commission and approve an extension of a Conditional Use Permit to operate a bed and breakfast establishment in the Single Family Residential District as a Home Occupation, located at 1108 South Oak Street, for a two -year period, subject to the original conditions and findings. Councilman Hallett seconded and the motion carried. F. Conditional Use Hearing Kennedy Councilman Hallett moved to concur with the recommendation of the Planning Commission and approve an extension of a Conditional Use Permit to operate a bed and breakfast establishment in the Residential Multi Family District as a Home Occupation, located at 332 East Fifth Street, for a two -year period, subject to the original conditions and findings. Councilman Stamon seconded and the motion carried. Councilman Stamon commended Mr. Kennedy for the improvement to the property in the past few years. G. Temporary Use Hearing Gilbertson Councilman Sargent moved to concur with the recommendation of the Planning Commission and approve an extension of a Temporary Use Permit allowing the use of a single -wide mobile home as a residence for an elderly relative located at 334 Rhodes Road, for a three -year period, subject to the original conditions and findings. Councilman Stamon seconded and the motion carried. H. Conditional Use Hearing Thunderbird Boathouse Councilman Stamon moved to concur with the recommendation of the Planning Commission to extend a Conditional Use Permit to allow 12 overnight RV spaces at the present Boathouse Facility on Ediz Hook, for a one -year period, subject to the original conditions and findings. Councilman Hesla seconded. Councilman Sargent noted that the staff should work with the applicant to assure that paving is accomplished as quickly as possible. Councilman Stamon included that in the motion. Th& motion carried. I. Parking Variance Hearing Pensworth Pensworth Councilman Sargent moved to concur with the recommendation of the Planning Commission and approve a reduction of the required 6 parking spaces to three spaces, in association with a telephone exchange service, located in the Loot P.rnrt Ctroot c»1' inn to t}�n 1080 CITY COUNCIL MEETING July 19, 1988 J. Acceptance of Minutes Councilman Stamon moved to accept and place on file the Planning Commission minutes of July 13, 1988. Councilman Hesla seconded and the motion carried unanimously. Council and staff discussed the traffic impact situation at the Frugal Drive -in and some suggestions made by citizens as well as some of the efforts being made by the owner of Frugal's to lessen the traffic problem. 6. Consideration of Surplusine a Portion of "L" Street Adiacent to McCrea Street Vacation Request Councilman Hallett moved to declare the property surplus and authorize the Manager to sign the street vacation petition. Councilman Stamon seconded. Councilman Sargent stated that the Real Estate Committee had recommended approval of the street vacation request. The Real Estate Committee had also suggested that a sign be placed at the bottom of "I" Street hill indicating the Location of Crown Park and to direct the traffic past the property. On call for the question the motion carried. 7. Resolution Setting HearinE Date for Street Vacation Request STV- 88(4)2 Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 17 -88 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate that portion of "L" Street lying between Lot 11, Block 140, and Lot 20, Block 145, Townsite of Port Angeles. Councilman Hallett moved to pass the Resolution as read by title and to refer the issue to the Planning Commission. Councilman Stamon seconded and the motion carried. 8. Resolution SettinE HearinE Date for Street Vacation Reauest STV-88(7)6 Cronauer /Whitman Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 18 -88 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Caroline Street abutting Lots 9, 10 and 11, Block 32, and Lots 7, 8, and 9, Block 37, Norman R. Smith's Subdivision to the of Port Angeles. Councilman Sargent moved to pass the Resolution as read by title and to refer the issue to the Planning Commission. Councilman Stamon seconded, with the understanding that that motion includes the termination of the previous Resolution passed by Council on the issue. Councilman Sargent t„ 4 1 1 1 1 1 o 1081 CITY COUNCIL MEETING July 19, 1988 9. Consideration of Concerns and Citizens' Comments on Fireworks and Related Issues Councilman Stamon told Council that she had received a call from Clint Hulse of the Chamber of Commerce reminding Council that the Chamber is currently doing a fundraiser for the 1989 fireworks display and that Mr. Hulse felt that the fireworks display would help alleviate the problem next year. Councilman Stamon moved to schedule a public hearing on the issue to allow members of the public to come forth and give their viewpoints and prefer- ences and in doing so, put forth several options to consider, those being (1) maintaining the status quo and continue to use the State law to govern the discharge of fireworks; (2) enact a City ordinance restricting the number of days fireworks may be discharged in the City, as well as locations; (3) adopt Article 78 of the Uniform Fire Code which would prohibit purchasing, possession or discharging all fireworks, to include sparklers, lawn displays, and all other so -call Safe and Sane pyrotechnic devices, unless one is licensed and permitted through the State; (4) provide financial support to public displays of fireworks from areas such as Ediz Hook or the Harbor on the Fourth of July; (5) adopt and enforce an ordinance which would limit the types of fireworks which may be sold within the City of Port Angeles so that basically what goes up into the air and blows up, would be illegal. That would include some of the "safe and sane" fireworks; (6) restrict the type of fireworks that go up or blow up to designated areas, such as Ediz Hook. Residential and commercial areas would be exposed to only ground fireworks, such as dip sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheel, ground spinners, flitter sprinklers, and smoke devides; (7) increase the number of officers available for enforcement of such laws during the Fourth of July Holiday; to list those as options the Council would consider so that public comment and suggestions could be had in reviewing the issue. Councilman Hallett seconded. Councilman Sargent stated she had received a call from Erl Hansen, Director of the Chamber of Commerce. He had indicated to her that the Chamber does not want any financial support from the City but that they would raise the money. Council set the public hearing for the August 2, 1988, City Council meeting. On call for the question, the motion carried. Jack LaRue, 130 Viewcrest, addressed the Council on the fireworks issues, stating he enjoys fireworks and felt Council was attempting to do a negative thing, as he felt fireworks are being blamed for a lot of things that they really should not be. 10. Consideration of Amendment to Council's Rules and Procedures Regarding Procedures for Notifving Public of Upcoming Hearings and Council Meeting Agendas Mayor McPhee read the Resolution by title, entitled RESOLUTION NO. 19 -88 A RESOLUTION of the City Council of the City of Port Angeles amending the Council's Rules of Procedure to set forth the procedure for notifying the public of upcoming hearings and Council meeting agendas. 1082 CITY COUNCIL MEETING July 19, 1988 Tumwater Ravine, and to pay the pro -rated 1988 taxes due. Councilman Stamon seconded and the motion carried. Attorney Knutson asked Council to reconsider Item 10, stating that he would like to add a section rescinding the previous resolution. Councilman Hallett moved to reconsider. Councilman Stamon seconded and the motion carried. Councilman Stamon moved to add a Section 3 to Resolution 19 -88 which would rescind Resolution No. 14 -88. Councilman Sargent seconded and the motion carried. 12. Recommendation Regarding PCB Consultants Valley Street Clean-up Councilman Hallett moved to concur with the recommendation of the Light Department and enter into negotiations with Kennedy /Jenks /Chilton to clean up the PCB contamination and to come back to the Council for final approval. Councilman Stamon seconded and the motion carried. 13. Reouest from Citizens that City Council Consider a Curfew in Port, Angeles Councilman Stamon commented that she had been confronted by a concerned citizen regarding the issue of teenagers and loud parties. This person had suggested holding a town meeting for the discussion of setting a curfew, further suggesting that this town meeting be held on a Saturday so that working people would be able to attend. Mayor McPhee stated he would prefer having a public hearing and he was surprised to find out that we did not have a curfew. He was in support of putting a curfew into effect. Councilman Stamon offered her services to coordinate the town meeting if it was Council's wish. Councilman Stamon moved that Council suggest support for the concept of this town meeting. Councilman Hesla seconded. Councilman Lemon stated he would prefer that it be held at a public hearing. After further discussion, Councilman Stamon then restated her motion that Council would authorize staff to investigate the issue of curfews. Staff would then attend a town meeting to provide information to the public in terms of what is and what is not possible with respect to curfews and the issues of loud parties, and that this be held on a Saturday. On call for the question, the motion carried. 14. United Way Proposal to Facilitate Workshops Councilman Stamon stated this was an item she had requested be placed on the Agenda; she had received a call from Patti Johnson, representing United Way, asking Councilman Stamon if she thought Council would be interested in having United Way facilitate a workshop. Councilman Stamon also received a call from Clint Hulse offering his assistance to hold a workshop on parliamentary procedure, free of charge. Councilman Stamon recommended strongly that Council consider having United Way come and facilitate a workshop in two specific areas; (1) on building effective meetings; and (2) on the issue of team building. She offered that as a motion, including the use of Clint Hulse's offer to conduct a workshop on parliamentary 1083 CITY COUNCIL MEETING July 19, 1988 concerning parliamentary procedures, the Attorney has suggested parlia- mentary procedure is a guidance for the Council and there is no black -and- white, per se, but he did not believe Council had problems in that area either. Councilman Hallett spoke in favor of the motion, as he believed any time Council had the opportunity to do better at what they do, to do other than that would be putting their heads in the sand, and he did not believe it would be a waste of time. As a matter of fact, he thought if Council did not do this, there would be some continuing problems. Councilman Gabriel suggested that if certain members of the Council felt there were problems with getting along, that possibly these Councilmembers could write down the problems with the Council, stating specific examples and providing possible solutions. Councilman Lemon stated he was totally in agreement with Councilman Gabriel's statement. Mayor McPhee stated he thought there was no need for this workshop; Council has an open offer from United Way if, at some future time, there is felt to be a need. Councilman Hesla pointed out what he believed to be the perception of the community on how the Council is working as a group, and he thought there could be some improvement. Following lengthy discussion, Councilman Stamon offered to pay for the workshop. Councilman Hallett stated he would pay for half. Councilman Sargent also offered to pay for part of it. Councilman Stamon restated the motion. She moved to make use of the offer of United Way and to schedule workshops on building effective meetings and team building, and also to make use of Clint Hulse's offer for a session on parliamentary procedures, with the understanding that Councilman Stamon and possibly other members of the Council would contribute to the cost of the meeting so there is no cost to the public. Councilman Hallett concurred. The motion carried, with Councilmen Lemon and Gabriel and Mayor McPhee voting "No 15. Letter from Pittis /Carr to Cronauer Reeardine Exposed Hillside Mayor McPhee asked Manager hillside secure. Manager decision of the Council conditions, but to pass on to proceed with a retaining Flodstrom how quickly the Flodstrom briefed the to grant the street Council's concerns to wall. However, he has more of the hillside without completing the retaining structure. It has finally come to the point where the City has sent a letter.. to Mr. Cronauer asking him to cease and desist from further work until the retaining wall is completed. Manager Flodstrom was not sure of the length of time it would take Mr. Cronauer to complete the work. City could get the Council on the original vacation without certain Mr. Cronauer and ask him since proceeded tc expose iC e looked Councilman Lemon requested the tapes of the at regarding the conditions set jail' on the street vacation. Following discussion of the issue by staff and Council, Council directed staff to provide more information on the matter in the Information Packet at the next City Council Meeting. 1084 CITY COUNCIL MEETING July 19, 1988 Councilman Sargent, speaking on the Budget, said she had spoken to Administrative Services Director Wolfe and Manager Flodstrom about getting together and looking at a comparative statement of financial expenditures over the last few years. She requested that any member who would wish to discuss this issue meet with her. Councilman Stamon, in speaking on the Sign Committee, reported they have met and are meeting again next week and they are making good progress on the issue. Also, the Transit Board is having its annual retreat Thursday, the 21st, at 9:00 A.M. at Lake Crescent. She invited any member of the public or Councilmembers to attend. She also announced a vacancy on the Develop- mental Disability Board for District 2 and also vacancies in the other two Districts. She updated Council on the tasks being done by the Board, such as supported employment, developing an employer task force, and some projects through Diversified Industries, such as highway litter control program and New Leaf is working on their greenhouse project, New Broom is now cleaning the new YMCA, and employment support is making some good placements throughout the community. There will be a meeting with the County Commissioners on the 18th of August to talk about developmental disabilities. Councilman Stamon will be providing Council with more information on that particular issue. XI ADJOURN TO EXECUTIVE SESSION Mayor McPhee recessed the meeting to executive session at 11 :24 P.M. to discuss personnel issues, labor relations /negotiations, and pending litigation. The length of the executive session was estimated to be approximately 30 to 45 minutes. XII RETURN TO OPEN SESSION The meeting returned to open session at 12:33 A.M. XIII ADJOURNMENT The meeting adjourned at 12:34 A.M. A ,zege.d2'L Clerk Mayor r RESOLUTION NO. 18 -88 A RESOLUTION of the City Council of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Caroline Street abutting Lots 9, 10, and 11, Block 32 and Lots 7, 8, and 9, Block 37, Norman R. Smith's subdivision to the Townsite of Port Angeles. WHEREAS, the owner of interest in Lots 9, 10, and 11, Block 32, and Lots 7, 8, and 9, Block 37 Norman R. Smith's Subdivision to the Townsite of Port Angeles, has filed a petition with the City Clerk to make vacation of that por- tion of Caroline Street abutting Lots 9, 10, and 11, Block 32, and Lots 7, 8, and 9, Block 37, N.R. Smith's Subdivision; and WHEREAS, said petition appears to have been signed by the owners of more than two- thirds of the property abut- ting upon the rights -of -way sought to be vacated; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as folloows: Section 1. The petition to make such vacation shall be heard •and-- determined..by -this Council-. op the 1.614 day of August, 1988, which is not more than sixty (60) days nor less that twenty (20) days hereafter. Section 2, The City Clerk is hereby directed to give twenty (20) days notice of the pendency of said petition according to the provisions of RCW 35.79.020. Section 3. Resolution No. 10 -88 is hereby rescinded. PASSED at a regular meeting of the Port Angeles City Council on this 19th day of July, 1988. Frank McPhee, Mayor ATTEST: Michelle M. Maike, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Pub.: July 26. 1988- pendny ing tickets in order to auto- mate the handling of park- ing tickets and allow all un- paid tickets to be "tagged" to vehicle registrations so that they must be paid prior to renewal of vehicle regis- tration; and WHEREAS, parking tickets of the City of Port Angeles is- sued prior to July 25, 1987, were treated by simply rev- ising the fee to $20.00, which had the effect of rais- ing some penalties and low- ering others, and which pro- cedure was unacceptable to the Washington State De- ORI partment of Licensing; AN OR NOW, THEREFORE, THE CITY of Por COUNCIL OF THE CITY OF a smai PORT ANGELES DOES HERE- ant to BY ORDAIN as follows: project Section 1. Notwithstanding that the City Council of the City of Port Angeles will hold a special meeting Sun- day, July 17, 1988, at 1 On., in the City Council Cham- bers, at 321 E. Fifth Street. The purpose of this special meeting is a discussion of improving City Council members relations and communications. Michelle M. Maike City Clerk Pub.: July 10, 1988. BII Ilu !at a agendas s hall be avasd agendas person to at City Hall for any p o a not who may request posted a hel coPY shall be ped and at City na H conspicuous location Cy H- PASSED are Angeles Qe C Y the t 9-Council on this 5th day of July, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maitre City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: July 8. 1988. eived by the City Clerk of City of Port Angeles at 1 East Fifth Street of said $100,0 the provisions of any other 0 ty until 2:30 P.M., Tues- works ordinances, any parking in- newspaper of general circu- lation at least once a year and shall be utilized by invit- ing proposals from all appro- priate contractors on the roster and awarding the con- tract to the lowest responsi- ble bidder. This ordinance shall take ef- fect 5 days after publication. Full text of said ordinance shall be mailed upon req- uest. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5th day of July, 1988. Michelle Maike, City Clerk Pub.: July 8. 1988. ed folio in aoVenTstrts y Xugust 2, 1988, for furnishing the following equipment and /or materials: Bid 110- 88.100 ONE (1) WIRE REEL TRAILER Bid sheets specifications and instruction are available from the City Clerk's Office, P.O. Box 1150, Port Angeles, WA 98362. Phone (206) 457 -0411, extension 118. Sealed bids shall be opened at 2:30 P.M. Tuesday, Au- gust 2, 1988, at 321 East Fifth Street, Port Angeles City Hall. A certified check or bid bond for 5% of the amount bid shall accompany each bid. All bids to include delivery F.O.B. Port Angeles, The City Council reserves the right to consider delivery time and to accept or reject any or all bids or any part thereof. David T. Flodstrom City Manager Pub.: July 17, 24, 1988. that sealed bids will be received by the City Clerk of the City of Port Angeles at 321 East Fifth Street of said City until 2:30 P.M., Tues- day, August 2, 1988, for furnishing the following equipment andlor materials: Bid #D- 88.100 ONE (1) WIRE REEL TRAILER Bid sheets specifications and nc+rnrtinn arc ava ilah e i NOTICE IS HEREBY GIVEN that the City of Port Angeles City Council will hold a public hearing on Tues- day, July 5, 1988 at 7:00 p.m. in the City Council Chambers, 321 East Fifth Street, for the purpose of discussing proposed amendments to Ordinance #2469, City's Nuisance Ordinance and discussion of fee for non- resident users of Medic I. The public is cordially invited to attend. Chambers, 321 East Fifth Street, frog The purpose o discussing proposed amendments to Ordinance #2469, City's Nuisance Ordinance and discussion of fee for non- resident users of Medic I. The public is cordially invited to attend. ES ES( A ing date for a petition to va- cate a portion of Caroline/ Victoria Alley abutting Lots 14 -15 -3 4, Block 32, Nor- man R. Smith Subdivision to the Townsite of Port Angeles. WHEREAS, the owner of in- terest in Lots 14 -15 -3 4, Block 32, N.R. Smith's Subdi- vision; and WHEREAS, said petition ap- pears to have been signed by the owners of more than two thirds of the property abutting upon the rights -of- way sought to be vacated; NOW, THEREFORE, BE IT RE- SOLVED BY THE COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The petition to make such vacation shall be heard and determined by this Council on the 16th day of August, 1988, which is not more than sixty (60) days nor less than twenty (20) days hereafter. Section 2. The City Clerk is hereby directed to give twenty (20) days notice of the pendency of said petition according to the provisions of RCW 35.79.020. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5th day of July, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk APPROVED AS TO FORM: Craig D. Knutson City Attorney Pub.: July 10. 1988. NOTICE PUBLIC HEARING 321 E. Fifth Port Angeles 457 -0411 PORT ANGELES DOES HERE- BY ORDAIN as follows: Section 1. Ordinance No. 2480 is hereby amended to change the Chapter number in the Port Angeles Munici- pal Code to Chapter 2.06. Section 2. Effective Date. This Ordinance shall take ef- fect five days after its publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5th day of July, 1988. Frank McPhee, MAYOR ATTEST: Michelle M. Maike City Clerk APPROVED AS TO FORM: Craie D. Knutson Michelle Maike City Clerk Michelle Maike City Clerk 10, Block 160 the 5/6 alley and Sixth Street; also the south one -half of Sixth Street abutting Lot 10, Block 160, Town site of Port Angeles; and WHEREAS, the requirements of Chapter 43.21C RCW, the State Environmental Policy Act, have been met and a public hearing has been held by the City Council following public notice pursuant to Chapter 35.79 RCW; and WHEREAS, said vacation appears to be of benefit to and in the interest of the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1 Vacation. Subject to the terms and conditions of this Ordinance, the following described streets and alley are hereby vacated: The east one -half of the platted Tumwater Street right -of- way abutting Lots 10 and 11, Block 96; Lot 10, Block 160 and the 5/6 alley and Sixth Street abutting Lot 10, Clock 160, Townsite of Port Angeles; all in Clallam County, Washington. Section 2 Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of these streets and alley is $2,106.75. Section 3 Quit Claim Deed. Upon compliance with the terms and conditions of this Ordinance, the owner of abut NOW, THEREFORE, THE CITY -Aar tracts in die m unt or COUNCIL OF THE CITY OF $100,000 or less. Applications must be submit- ted on the application form prepared by the City of Port Angeles. For application forms please contact: City of Port Angeles Attention: Debra Barnes P.O. Box 1150 Port Angeles, WA 98362 (206) 457 -0411, Ext. 120 All applications must be received by the City no later than August 19, 1988 for in- clusion on this year's roster. The roster will be in effect C from September 1, 1988 to August 31, 1989. PUb.: JuLv 29, Aug. 7. 1988 meeting Sunday- rr, --ar--.--