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HomeMy WebLinkAboutMinutes 09/17/19912084 CITY COUNCIL MEETING Port Angeles, Washington September 17, 1991 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to SPECIAL MEETING: order at 6:02 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmen Cornell, Hallett, Nicholson, Ostrowski and Wight. Members Absent: Councilman Lemon. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. /!~ a,'] ~BrOdhun'~B' Collins, L. Glenn, K. Godbey, J. Pittis, B. ~.,a~itus, B. Myers, G. Kenworthy, B. Coons, K. Maike, L. Danks, K. Ridout. Public Present: G. Braun, J. Antolock, S. Gunderson, R. Linkletter, J. Newlin, C. Mitrovich, M. Clevenger, K. Schermer, L. Blank, lC Corriel, C. Howe, S. Lynch, S. Lack, V. Lund, D. Muckley, S. Kraft, L. Muckley, M. Eilerd, J. Glass, L. Almaden, D. Kent, C. Rasmussen, L. Lund, N. Martin, D. Lasorsa, L. Hayden, K. Ebert, G. Hardy, D. Somers, L. Bell, L. Greenway, A. Shields, B. Haselton, A. Madsen, J. Applegate, D. Ehlke, L. Schueler, G. Pettit, S. Packman, J. Schreiber, lc Unger. ADJOURN TO Mayor Sargent adjourned the meeting to executive session at 6:02 P.M. EXECUTIVE SESSION: RETURN TO OPEN The meeting returned to open session at 6:48 P.M. SESSION: CALL TO ORDER Mayor Sargent called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:02 P.M. PLEDGE OF The Pledge of Allegiance to the Flag was led by the Exchange Club. Members ALLF~GIANCE: present: Al Gustafson, Dr. Peter Lewis, Jerry Newlin, Donna Davison, Ray Gruver, Valerie Crofts. Mr. Gustafson then presented a Flag to the Port Angeles Fire Department. Dr. Lewis called the meeting's attention to the Freedom Shrine, outside the Council Chambers. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES OF September 3, 1991. Councilman CorneH seconded the motion. REGULAR MEETING OF SEFFEMBER 3, Mayor Sargent offered a correction on page 7, fifth paragraph from the bottom, 1991: the last sentence reads: "As the Committee has met since February, there have been changes in membership." She intended to say that some members of the - Committee had not always been there. The Mayor suggested, therefore, that the sentence be deleted from the minutes. She offered another correction on page 9, second paragraph from the bottom, asking that the sentence regarding inviting two candidates to a meeting be expanded to say "the two candidates who have filed for Council seats". Councilman Wight pointed out, in the same paragraph, he had said he would be absent from the City for a 30-day period starting on the 20th, and he would provide some brief written comments. On call for the question, the motion to approve the minutes as corrected carried unanimously. -1- 2O85 CITY COUNCIL MEETING September 17, 1991 FINANCE: 1. Progress Payment to Olympic Electric for 5th and Peabody Signal- $28,484.09, retainage $1,499.16: Progress Payment to Olympic Electric Cmmcilman Hallett moved to approve the Progress Payment to Olympic Electric for the Sth and Peabody signal in the mount of $28,484.09, with retainage of $1,499.16. CoHn~lman Wight seconded the motion. Mayor Sargent reported that the project is complete and asked Public Works Director Pittis to review the funding source. Director Pittis said the State Transportation Department High Hazard Areas has contributed 90% of the cost, with the City paying the remaining 10%. On call for the question, the motion carried unanimously. Waterline Bids 2. Consideration of Waterline Bids: Six bids were received, with the lowest bid considerably under the Engineer's estimate. Councilman Ostrowski moved to accept the bid as received, totaling $1S5,088.S6 from Boone's Excavating, Inc., and the Mayor be authorized to sign the contract. Councilman Wight seconded the motion. The ensuing discussion revealed the contractor has worked for the City previously; the work was found to be satisfactory. Further, it was noted there was a significant difference in the materials bid compared to the Engineer's estimate. Director Pittis advised Council the contractor had verified there was no mistake. The City will, as is customary, have an inspector on site to assure that materials meet specifications. On call for the question, the motion carried unanimously. CONSENT AGENDA: Councilman Cornell moved to accept the items listed on the Consent Agenda, including (1) Correspondence from Washington State Liquor Control Authority; (2) Draft of purchase agreement transferring customers and facilities from Clallam County PUD to City Light; (3) Request authorization to call for proposals for landfill gravel excavation; (4) Vouchers of $197,885.93; and (5) Payroll for 9-01-91 of $294,642.85. Councilman Hallett seconded the motion. Discussion followed concerning the new cell at the landfill and the recycling efforts. In addition, Councilman Hallett inquired as to whether approval of the Consent Agenda would include authorization for the Mayor to execute the contract for the customer transfer from PUD to City Light. Director Titus indicated the matter was to have been a part of the Information Agenda, as the contract language has not been agreed upon by the attorneys. However, approval at this point would speed up the process once the City Attorney and the PUD attorney agree on the contract language. Mayor Sargent asked if the Council had any objections to leaving this item on the Consent Agenda; there were none. ARer further discussion, a vote was taken on the motion, which carried ~nnnimously. 1TEMS FROM THE Dave Lasorsa, resident of South Peabody Street, asked to speak to Legislation COUNCIL/AUDIENCE Item 9. TO BE CONSIDERED/ _ PLACED ON THE Mayor Sargent added a request for a public display of fireworks as Item No. 16 AGENDA: on the Legislation Agenda. LEGISLATION: 1. Employee Suggestion Prograln Awards: Employee Suggestion City Manager Pomeranz reviewed the recently implemented Employee Suggestion Program Awards Program and presented the first awards to Ken Maike and the Conservation Division; Tom Sperline (not present), City Light Department; and Assistant Police Chief Bill Myers. Manager Pomeranz summarized the suggestions worthy of receiving the awards. -2- 2086 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Preferred Vendor - 2. Consideration of Preferred Vendor for Integrated Finance System: Integrated Finance System Finance Director Godbey presented background leading up to the selection of a preferred vendor for the integrated finance system. Ten proposals had been received from seven vendors, all of which were evaluated. NISS! Technologies is based in Vancouver, BC. They have installed similar systems in various large and mid-sized cities. The proposed system will bring more timely and efficient reporting to the City, resulting in improved efficiency. Councilman Hallett asked how long such a system would be efficient. Director Godbey said the hardware would last approximately 5 to 7 years; the software will outlast any hardware. Councilman Cornell pointed out that the present system has resulted in audits raising questions about less than optimal procedures, which the proposed system will correct. Councilman W'~,ht moved to approve NISSI Technologies as the preferred vendor for the integrated finance system and authorize staff to begin contract negotiations. Councilman Cornell seconded the motion. Councilman Wight commented on the evaluation process which led to this recommendation, lie was satisfied with the decision retched by the evaluation committee, and pointed out that the proposal from NISSI is essentially within budget. City Light Director Titus lauded the smoothness with which the selection process was exercised and looks forward to the capabilities the system will provide. A vote was taken on the motion which carried unanlmous]y. Proclamation- 3. Proclamation Recognizing September 17, 1991 as Citizenship Day and Citizenship Day/ September 17- 23, 1991 as Constitution Week: Constitution Week Mayor Sargent proclaimed September 17, 1991, as Citizenship Day, and September 17 - 23, 1991 as Constitution Week and urged all citizens to join in the National commemoration of the anniversary of the adoption of the United States Constitution. Public Hearings 4. PUBLIC HEARINGS Rezone Request - A. REZONE REQUEST- REZ-91(08)03 - OLYMPIC MEMORIAL Olympic Memorial HOSPIT~,tL, 824 Caroline Street: Request to rezone property Hospital presently zoned RS-7, Residential Single Family, to OC, Office Commercial: Mayor Sargent opened the public hearing at 7:46 p.m. Chuck Turner, 1207 East Second Street, a real estate broker, was present to represent the hospital on the rezone. He submitted a map of the proposed rezone area illustrating the current usages in the OC Zone in the hospital area. Ann Madsen, 811 Caroline Street, said she and the other residents of her block are opposed to the rezone. She quoted several portions of the Washington State Growth Management Manual relating to intrusion of commercial operations into residential neighborhoods. Michael Fitzpatrick, 825 Caroline, is strongly opposed to the proposed rezone. He recommended the Hospital grow vertically, rather than horizontally. Donna Davison, for Olympic Memorial Hospital, 939 Caroline Street, was available to answer questions pertinent to the rezone request. The proposed rezone site is presently planned for mandated storage of records, rather than use existing in-patient space in the present hospital building. These records must be available to the hospital within a reasonable period of time. The hospital is within the same boundaries it occupied in 1948; the community has grown significantly since that time. With regard to extending the hospital vertically, using a parking garage as an example, each parking space would cost approximately $7,000; while the cost for the same space on a level piece of ground would be approximately $2,200. -3- 2087 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Rezone Request - There being no further public comment, Mayor Sargent closed the public hearing Olympic Memorial at 8:05 p.m. Hospital Councilman Cornell noted the Planning Commission minutes did not reflect the reason why two Commissioners had been opposed to the rezone. Director Collins said Mr; Catts felt the hospital was not exercising good long-range planning and they needed to have a plan for the future expansion which was not horizontal. Mr. Anabel was concerned that the rezone would result in parking and he felt that was not an appropriate use for that area. Councilman Wight asked if the property were rezoned could it be used solely for parking. Director Collins responded independent parking lots were neither - permitted nor conditional uses in the OC District and cited the conditional uses listed in the Chapter. Parking is allowed only as accessory to a permitted use in the OC District. Councilman Hallett pointed out an earlier rezone request for a larger area, including the subject property, had been denied by the Council. It was his feeling that if this request is approved, it could be argued the next time a rezone request is filed for adjoining property that it is only logical to extend the district boundaries. Councilman Cornell recalled the reasoning of the Planning Commission in drawing the present OC District boundaries in the hospital area, resulting from numerous small rezone requests. The present OC District seems to be totally utilized for permitted uses and perhaps now is the time to look at expanding the District, since there seems to be a demand for OC-Zoned property. Councilman Wight noted the western boundary of the OC District appears to be irregular, possibly because of the then current uses of the properties. It would appear that the subject site would tend to fill in a portion of the irregular boundary. It appears to be more logical to approve this rezone. Future rezone requests may extend the boundary west to Francis Street. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles rezoning property located on the south side of Caroline Street, west of Race Street, from RS-7 to OC. Colmcilman W'q~ht moved to adopt the Ordinance as read by title, citing the following findings and conclusions: FINDINGS: (1) The subject property contains 10~00 square feet of area and 75 feet of frontage along Caroline Street; (2) The site is contiguous to, and bounded on two sides by, an existing cluster of OC-zoned property; (3) Comprehensive Plan Commercial Policy No. 16 states that "Specialized and city-wide oriented medical and dental operations should be as functionally near the hospital as possible." The OC Zone District allows these types of uses; (4) The site is approximately 200 feet west of the hospital; (5) The proposed rezone would not extend the OC Zoning District further west than already exists on Georgiana Street; (6) The OC Zoning District contains development standards designed to minimize the conflict between commercial and residential uses; (7) The rezone area contains a single-family residential use, which is permitted in the OC Zone District; CONCLUSIONS: (A) The rezone request is in the public use and interest and will not cause adverse impacts to the characteristics of the adjacent zoning districts; (B) Circumstances have changed since the property was zoned RS-7 by the City of Port Angeles. The expanding hospital has resulted in demand for property near the hospital for hospital-related uses; (C) The rezone is consistent with the Policies and Goals of the Port Angeles Comprehensive Plan. Councilman Nichoison seconded the motion for discussion. Councilman Wight considered the expansion of the OC District to be appropriate, since the permitted uses in that District tend to be relatively compatible with residential zones. Since the property cannot be used as a stand- alone parking lot, future development could be an acceptable neighbor to existing residences. It has been the practice to consider the OC District the least conflicting classification adjoining residential property. 2088 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Councilman Hailett did not feel that circumstances had changed since the prior Rezone Request - rezone denial. He considered it possible for the vacant lots to the west of the Olympic Memorial current proposal to become a parking lot. There are spaces inside the existing Hospital Office Commercial District not currently occupied which may not be convenient to obtain. Councilman Cornell opined this is an appropriate time to take a long-range look at the existing OC boundaries and determine if they encompass sufficient area for projected needs and to determine the possible impacts on the neighborhoods. On call for the question, the motion failed, with Conncilmen Vt/ight, Nicho]son and Ostrowski voting 'Aye', and Councilmen CorneH and Hallett and Mayor Sargent voting "No'. Following discussion regarding the next steps to be taken, Attorney Knutson suggested deferring action until the full Council is present. Councilman CorneH moved to direct staff to come up with language for the next Council meeting to support a motion for denial of this rezone; and to further direct staff to work toward a comprehensive review of the subject area with the Planning Commission to look at the possibility of rezoning portions of thin area. Councilman llallett seconded the motion. Attorney lKnutson stated that, if tonight's absent Councilmember wishes to participate in the discussion at the next meeting, he will have to listen to the tape of tonight's proceedings. Councilman Cornell suggested amending the motion to set the matter for the second meeting in October; however, Councillman Vttight offer~l a friendly amendment to set the matter for the first meeting in November. Councilmen Coenell and Hallett accepted the friendly amendment. On call for the question, the motion carried unanimously. Appeal of B. Consideration of Appeal of Approval of Conditional Use Permit Conditional Use No. CUP-91(08)14 HO-Lynch, 1511 West Sixteenth Street: Permit permitting a day care as a Home Occupation in the RS-7, residential single-family district: Mayor Sargent opened the public hearing at 8:45 p.m. Susan Lynch, 1511 West Sixteenth Street, applicant, responded to concerns raised by her neighbors in conjunction with the Conditional Use Permit. First, her proposal is for a family day care home, not a day care center. Second, her proposal does not change the use of the property from residential. Third, she proposes to care for three and four year old children. Fourth, she has a large home with spacious front and rear fenced yards. She has a good background in education and child care. Sue Ellen Kraft, 931 West Seventh Street, expressed the lack of good quality care for children in the City. Ms. Kraft reviewed her credentials and expertise, upon which she based her opinion that Ms. Lynch is an appropriate provider of such care and would be an asset to the community. There being no further comments, Mayor Sargent closed the public hearing at 8:49 p.m. Councilman Nicholson moved to deny the appeal of approval of Conditional Use Permit No. CUP-91(0~)14, subject to the foflowing conditions, and citing the following findings and conclusions: CONDITIONS: (1) The Conditional Use Permit is approved for an initial one-year period. If extension is desired such request must be received prior to the expiration date; (2) Hours of operation shall be between the hours of 7:00 A.M. and 5:30 P.M.; (3) The project shall meet all ~State Department of Social and Health Services (DSHS) requirements for a family day care home; (4) Compliance with all State and local Fire Codes must be met. Inspection by the Fire Department prior to occupancy is required; (5) A minimum of two parking spaces will be provided on-site for the day care use per a site plan to be approved by the Public Works Department; (6) A Public Works Department determination of utility charges shall be requested by the applicant; (7) If the permittee does not comply with the permit requirements and conditions, the permit may be reviewed or revoked by the Planning Commission; FINDINGS: (A) The applicant has applied for a permit to allow a day care as a Home Occupation for 6 to 8 children, ages 3 to 5, in a residential single-family zoning district; (B) The site plan submitted with the application indicates the -5- 2089 CITY COUNCIL MEETING .~ ~ ~i ~ ~ '.i~ '.i . September 17, 1991 LEGISLATION (Cont'd) rear yard will be fenced in order to contain the outdoor children's play activity; Appeal of (C) This site is a slightly sloped lot consisting of 85' x 140'; (D) Notification of Conditional Use the application and impending action was given per requirements of Article XI, Permit (Cont'd) Section 7, Zoning Ordinance No. 1709, as amended; (E) A letter was received in support of the proposed activity from a neighboring property owner, and public testimony was received both in support of and against the proposed use and on the applicant's qualifications; (F) Comprehensive Plan goals state "A community where development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users" and "A community of viable neighborhoods and a variety of opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests" is desired; (G) Parking is provided on-site for the use; (H) The applicant has two children, ages 10 and 4; CONCLUSIONS: (1) As conditioned, the use can afford a residential home-like environment for children, which is in the public interest; (2) As conditioned, the proposed use will not adversely affect the health, safety, morals or welfare of the surrounding neighborhood or public; (3) As conditioned, the proposed use complies with PAMC 17.86.010, .040, .080, and .095; (4) The family day care home occupation will not be injurious or detrimental to adjoining or abutting properties; (5) The proposed use is consistent with the City of Port Angeles' Residential Policies of the Comprehensive Plan; (6) The applicant is trained and experienced in supervising children. Councilman Wight seconded the motion, which carried nnanimoHs]y. Proposed Zoning C. Proposed Zoning Code Amendtnent - ZCA 91(08)06 - City of Port Code Amendment - Angeles, Residential District, City-wide: Proposal to allow family Ordinance No. 26~2 home day care businesses and adult residential care uses in residential districts city-wide, as permitted uses: Mayor Sargent reviewed the proposed amendment which would eliminate permitting requirements for adult and child day care home occupations in residential districts City-wide in specified instances, and would permit family day care homes (up to 12 children) outright in districts which permit residential uses. Day care centers (13 or more children) would require conditional use permits in residential districts but would be permitted outright in all commercial districts. In addition, the amendment would provide that adult family homes (4 to 6 unrelated persons), and supported living arrangements (dwelling units owned or rented by one or more persons with functional disabilities who receive assistance with daily living and/or medical care from properly licensed individuals or agencies) be permitted in those districts in which residential uses are permitted (except RTP), and residential care facilities (5 to 15 people with functional disabilities) would be permitted with a conditional use permit in the RS-7 and RS-9 Districts and outright permitted in the RMF, residential multi- family district and commercial districts (except OC). Further, a definition is added indicating a "family" limits occupancy to 6 unrelated adults living in a single-dwelling unit. Mayor Sargent opened the public hearing at 8:58 p.m. Planning Director Collins offered a correction to the staff memorandum from which Mayor Sargent read her introductory statements. Residential care facilities (5 to 15 people with functional disabilities) would be permitted with a conditional use permit in the RS-7, RS-9 and RMF districts. Nancy Martin, 2340 Samara Place, expressed concern about the lack of availability of child care in the community and the need to remove as many barriers and duplications in regulatory jurisdictions as possible. Adoption of the proposed ordinance would help in that way. Ms. Martin reviewed the activities in a family day care home and noted those activities are incidental to established residential activities. The day care homes will always be limited to less than 12 children, and Ms. Martin felt State licensing procedures are such that City regulation should not be necessary. Further, such duplicate regulation proves to be extremely costly to the applicant. If a day care provider ceases to be a good neighbor, the City has noise and nuisance ordinances which can be enforced. Ms. Martin noted there are only 24 licensed homes in the City; there is a desperate need for additional care. She discussed the role of Parent Line and referenced petitions signed by local residents who are concerned about quality child care in the community. In addition, Ms. Martin referenced a letter from Ms. Darlene Ryan, Principal at Monroe Elementary and Chairman of the Youth 2000 Child Care Committee. She urged Council to adopt the ordinance. 2090 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Proposed Zoning Mayor Sargent inquired of Ms. Martin as to her opinion on how many family day Code Amendment - care homes should be allowed in any one neighborhood. Ms. Martin responded Ordinance No.2652 the model ordinance from the State had suggested a registration system. (Cont'd) However, when that ordinance was rewritten to fit the language of the Port Angeles ordinance, the registration process was removed. Ms. Martin indicated there would be no objection to a registration process. This would enable the City to trackwhere the homes are located. Additionally, Ms. Martin stressed the need to license the unlicensed day care providers in order to make child care more available, an effort which is being concentrated on at the State level. Councilman Cornell noted Council's interest in the zoning aspects of the ordinance with respect to such issues as traffic, parking and noise. Susan Lynch, 1511 W. 16th, reviewed the negative aspects of the conditional use process she just completed this evening with an appeal hearing. She discussed the difficult relationship established with her neighbor because of the conditional use permit application. Ms. Lynch felt the cost of a conditional use permit might prove to be a deterrent for new day care homes. Ken Schermer, 738 W. 6th, a representative of Lutheran Social Services and a realtor, addressed Council by noting the addition of day care homes would not adversely affect property values in the community. A County appraiser has indicated the existence of a day care facility would have no bearing on the assessed value of property. In addition, discrimination against children is not allowed. Mr. Schemer then referenced the committee presently working on revisions to the Comprehensive Plan and the priority which has been established to have facilities for child care in the community's neighborhoods. Lois Blank, 824 Georgiana, is a licensed day care provider. All of the outside areas are safe and clean and no complaints have been filed against her by the neighbors. She expressed the opinion that a conditional use permit is unfair. Jessica Schreiber, 3261 Greentree Lane, spoke in support of the model ordinance being considered. Ms. Schreiber, a member of the Parent Line Advisory Board, reviewed her credentials and expertise, all of which led her to a personal and professional frustration with the lack of quality and affordable day care in Port Angeles. Ms. Schreiber indicated family day care homes are an essential part of the neighborhoods, offer a valuable social benefit to the community, and offer an indispensable service to families who want their children cared for in a safe, nurturing home environment. She stressed the need to encourage unlicensed providers to obtain the necessary licensure. Ms. Schreiber urged the Council to adopt the ordinance. Mayor Sargent indicated Council had heard sufficient support for the proposed ordinance and inquired of the audience as to whether anyone wished to speak in opposition. There were none. Larry Hayden, a State official responsible for licensing family day care homes, addressed Council by stating his presence was not for the purpose of speaking in favor or opposition to the proposed ordinance. Rather, it was his intent to be a source of information. He advised Council that the State is taking an active role in trying to locate unlicensed homes and be of assistance in getting those homes licensed. In reviewing homes for iicensure, the agency tries to assure that the applicant has met all safety standards, to include traffic as well as the movement of the children from and to family automobiles. In addition, a license is not issued until the time a letter is received from the Fire Department stating that ali pertinent requirements have been met. Mr. Hayden offered clarification to Councilmembers in terms of the number of children which can be cared for with/without an assistant. He accepted an offer from Councilman Wight for the City to assist in attempting to locate the unlicensed homes. Ruth Dorr, 416 E. llth, noted there had been no commentaries with regard to the adult care aspect of the proposed Ordinance. She noted there is also a definite need for adult care. Melinda Clevenger, 620 Simmons Road, a member of the Youth 2000 Committee, referenced a survey conducted which specifically inquired about the need for adult care. The results indicated the community feels there is a need for more adult care. -7- 2091 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Proposed Zoning Kay Ericksoni 416 E, 11th,~ felt the same concerns should be expressed on adult Code Amendment - family care. These issues include containment, supervision, and parking. Ord~inance No. 2652 (Cont'd) Larry Hayden offered clarification in that, although regulation of adult family care is the responsibility of another State division, it is his understanding the regulations are quite similar. Karen Unger, 512 E. Ahlvers, inquired as to whether any complaints had been filed with the City as to a parking problem. Police Chief Cleland indicated he would have to check department records in order to respond. Planning Director Collins noted complaints have been filed with regard to traffic concerns, as well as substandard roadways. Cecille Greenway, 1109 Craig Avenue, Director of the Head Start Family Day Care Project, advised Council the requirement for adult care are virtually the same as for child care. Ms. Greenway felt the segment of the population which is consistently discriminated against is Iow income. The only facilities available to this segment of the community are the licensed facilities, which must be increased. Ms. Greenway urged Council to help facilitate the process of licensure. Cindy Rasmussen, 107 E. 13th, a neighbor of a day care provider, noted she has never witnessed a parking problem because of such care being available in the neighborhood. There being no further public testimony, the public hearing was closed at 9:50 p.m. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2652 AN ORDINANCE of the City of Port Angeles revising the zoning requirements pertaining to adult and child day care facilities, and amending Articles II IV, and Chapters 17.10, 17.11. 17,20, 1723, 17~26, and 17.86 of the City's Zoning Code, Ordinance No. 1709, as amended. Colmcilman Ha]left moved to adopt the Ordinance as read by title, authorizing publication by summary, c~finoo the following findings and conclusions: FINDINGS: (1) The Zoning Ordinance does not permit by right day care facilities in any zoning district within the City; (2) The Zoning Ordinance does not make a specific distinction between size and type of day care facilities; (3) The Zoning Ordinance requires that ali day care facilities obtain a Conditional Use Permit, regardless of type, size, and location; (4) The Zoning Ordinance does not permit by right residential care facilities in any zoning district within the City; (5) The Zoning Ordinance does not make a distinction between size and type of residential care facilities; (6) The Zoning Ordinance requires that all residential care facilities obtain a Conditional Use Permit, regardless of size, type, and location; (7) The State's model ordinances for day care and residential carg facilities have been considered for this proposal; (8) The Comprehensive Plan has been considered with respect to the Zoning Code Amendments; (9) Recent census studies indicate changing composition of family groups and higher incidence of employment of both parents outside the home; CONCLUSIONS: (A) The Zoning Code Amendments are consistent with the Comprehensive Plan and specifically with Residential Policies Nos. 2 and 18, Commercial Policy No. 1, Social Policy No. 4, Social Objectives Nos. 2 and 3, Land Use Objectives Nos. 1 and 2, and the following Goals: A community where development and use of the land are done in a manner that is compatible with the environment, the charac- teristics of the use and the users. The provision of community facilities which meet the needs of the people of all areas of the city and enhance the character and quality of all areas of the city. A community of viable neighborhoods and variety of opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests; (B) The amendments would contribute to provision of affordable, quality day care which is critical to the well-being of parents and children in the community and is a needed comnmnity service; (C) The amend~nents would contribute to provision of housing facilities for special needs populations and therefore fulfills a needed community service; (D) Changes in circumstances of family relationships have -8- 2092 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Proposed Zoning occurred since the Zoning Code and Comprehensive Plan were adopted; (E) The Code Amendment - proposed amendment is in the public use and interest. Cmmdlman Nicholson Ordinance No. 2652 seconded the motion. (Cont'd) Discussion followed concerning child care homes versus adult care homes. In addition, with respect to a possible registration process, Fire Chief Glenn responded to an inquiry from Councilman Cornell by noting the Fire Department is comfortable with the State process for licensure of these homes. The Fire Department conducts inspections of the child care homes. Chief Glenn shared his concern about the adult family homes because of the non-ambulatory nature of the individuals under care. Any homes with less than six adults will not be inspected by the Fire Department. Councilman Hallett expressed appreciation to the Planning Commission, the Planning Director and staff for the efforts taken on this issue. A vote was then taken on the motion which carried unanimously. BREAK: Mayor Sargent recessed the meeting for a break at 9:55 p.m. The meeting reconvened at 10:15 p.m. Planning Commission 5. Planning Commission Minutes of September 11, 1991: Minutes of September 11, 1991 A. Shoreline Management Permit - SMA 91(09)122 - Daishowa America Ltd. - Marine Drive: Request for a permit to allow the construction of an old Shoreline Management telephone directory warehouse a~d related conveyor and truck dumper Permit - SMA 91(09)122 facilities, extending an originally approved warehouse facility: Coimellman COl~le~ move! to approve Shoreline Management Permit SMA 91(09)122, subject to the following conditions and citing the following findings and conclusions: CONDITIONS: (A) Any development within the FEMA designated 100-year flood plain shall comply with all requirements of the Port Angeles Flood Damage Prevention Code, Chapter 15.12 PAMC; (B) Prior to operation of the recycling facility, the applicant shall construct the Port Angeles Waterfront Trail on property under Daishowa's control. Plans for the Trail shall be based on the Port Angeles Waterfront Trail Plan and shall be approved by the Port Angeles Parks and Public Works Departments prior to construction. Alternate locations for the Trail may be approved by the Port Angeles Parks and Public Works Departments. The City may grant permission to operate the facility provided that a letter of agreement or an improvement bond acceptable as to form and amount by the Director of Public Works and the City Attorney is posted in the amount of the estimated value of the construction of the Waterfront Trail. If a bond is not provided, the applicant shall enter into a written agreement to construct the Trail. Daishowa shall construct the Trail no later than two (2) years from the date of operation of the recycling facility. The City of Port Angeles will assume liability for the Trail after construction and shall obtain all required permits for the construction; (3) Full compliance is required as stated in the Memorandum of Agreement between Daishowa America, City of Port Angeles, Lower El~vha Klallam Tribe, and Point-No-Point Treaty Council (dated December 7, 1990); (D) Prior to construction, plans shall be submitted for approval to the Building and Fire Departments; FINDINGS: (1) The recycling facility is located at the site of Daishowa America's existing directory paper mill and would not extend a heavy industrial use into an area not currently used for such activity; (2) As Daishowa constructs the Port Angeles Waterfront Trail through the Mill, the proposal provides pedestrian visual and physical access to the shoreline in an industrial area; (3) Any construction within the FEMA-designated 100-year flood plain will be required to meet the standards for development within such areas, as found in the Port Angeles Flood Damage Prevention Code, Chapter 15.12 PAMC; (4) The Port Angeles Comprehensive Plan and Zoning Code identify the property as industrial, while the site is designated as Urban by the Port Angeles Shoreline Master Program; CONCLUSIONS: (A) The proposal is consistent with the Port Angeles Comprehensive Plan and Zoning Code; (B) The proposal, as conditioned is consistent with the Port Angeles Shoreline Master Progra~n, the Shoreline Management Act, the Waterfront Trail Plan, and the Flood Damage Prevention Code; and (C) The proposal, as conditioned, is in the public use and interest. Councilman Ostrowski seconded the motion, which carried unanimously. -9- 2093 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Zoning Code B. Zoni~ Code' ~lmendment - ZC~ 91(09)5- Office Commercial (OC) Amendment - ZCA District, City-wide: Proposed amendment to the OC District allowing an 91(09)5 increase in signage: Councilman HaHett moved to set a public hearing for October 1, 1991. The motion was seconded by Councilman Cornell and carried unanimously. Acceptance of Minutes C. Planning Commission Minutes of September 11, 1991: Councilman Cornell moved to accept and place on file the Planning Commi-q$ion minutes of September 11, 1991. 'I'ne motion was seconded by CouIwilman W'q~ht County-wide 6. Agreement for Process and Framework for Adoption of a County-wide Planning Policy Planning Policy: Mayor Sargent reported that Section 2 of Reengrossed Substitute House Bill 1025 requires that the process and framework for adoption of a county-wide planning policy be agreed upon by the City and County governments of Clallam County by October 1, 1991. Toward that end, the Growth Management Act Task Force met to consider organizational options and agreed to define the process by drafting the proposed agreement for ratification by the affected legislative bodies. Councilman lLaUett moved to authorize the Mayor to sign the County-wide planning policy on behalf of the City of Port Angeles. The motion was seconded by Councilman CorneAl and carried unanimously. Mayor Sargent noted the same agreement would be signed by the County and the other two cities. Each entity will have two representatives from each government to be determined by each jurisdiction. VBMCC Enhancement 7. Consideration/discussion of VBMCC Enhancement & Funding Options: & Funding Options Mayor Sargent noted this matter had been deferred to this meeting pending input from the tourism community, as well as information concerning viable funding options. A positive response has been received from the NOPVCB and the Chamber of Commerce, as well as one of the largest motels in town. If the determination is made to proceed with the project, it would only make sense to continue funding marketing and advertising through the hotel/motel tax funds. The committee considered some funding options as submitted by Finance Director Godbey and unanimously endorsed Funding Option 1. This funding option, with a total project cost of $500,000, provides for a $200,000 down payment from the hotel/motel funds, an investment of $50,000 for contingency funds, and the payment of a $300,000 balance over a fifteen year period from the excess hotel/motel funds. If kept in tact, the $50,000 will be set aside and invested over ten years and would ultimately approximate $100,000 and could be used to prepay the bonds. A conservative growth factor of five per cent was used in this consideration, and the committee felt quite comfortable with the figures presented. Mayor Sargent noted the cost estimates were based on phasing the project; however, if the entire project were put out to bid, an overall savings could be realized. CoUncilman Nicholson moved to approve the VBMCC enhancement project, to approve financing Option 1, and to proceed with bidding the project as a total package. Councilman Wight seconded the motion. Cot~ncilman Wight addressed comments to various concerns being expressed by some of the organizations presently funded through the hotel/motel funds in that the stability of the funding may have been placed in jeopardy because of this project. He noted, however, the existing levels of funding can quite clearly be sustained in the future. Councilman Wight felt issues pertinent to the distribution of the hotel/motel funds should be articulated during the budget process. -10- 2094 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) VBMCC Enhancement Councilman Hallett suggested that, if a specific percentage is dedicated to the & Funding Options Veru Burton Center, this information should be provided to the various agencies (Cont'd) so they can tailor their funding requests accordingly. A vote was taken on the motion which carried unanimously. Mayor Sargent expressed appreciation to all members of the committee for working so hard and offering their expertise to this project. Senior Center Bond 8. Consideration/discussion of Senior Center Bond Issue and Ordinance Issue - /luthorizing the Issue: Ordinance No. 2653 The City Council selected the site of 7th & Peabody for the proposed Senior Services/Community Center. Additional property is necessary for parking, and it is available in that area. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2653 AN ORDINANCE providing for the submission to the qualified electors of the City of Port Angeles, Washington, at a special election to be held therein on November 5, 1991 of a proposition authorizing the City to issue its general obligation bonds in the aggregate principal amount of $2.460.995 for the purpose of constructing and equipping a Senior Services/ Community Center; providing for the annual levy and collection of taxes for such purposes if approved. Councilman Nicholson proposed some language changes to the ordinance, as follows: In all appropriate instances, "Senior Services/Community Center" should be changed to Senior Services/Community Center Complex; Page 2, Section 2, Paragraph 2, "The City shall construct and equip a Senior Services/Community Center Complex providing facilities for a variety of senior services...#, should read The City shall construct and equip a Senior Services/Community Center Complex providing facilities for a variety of services...; Page 2, Section 2, Paragraph 2, "(including, but not limited to, kitchen, meeting rooms, classrooms and multi-purpose room)~ should read, (includimt. but not limited to, kitchen, meetinu rooms, classrooms, multi-purpose room, and other recreational facilities. Councilman Nicholson moved to adopt the Ordinance, inclusive of the changes noted. The motion was seconded by Councilman W'~,hL Clerk Upton asked if the motion could include authorization for publication by summary to which Councilman Nicholson and Wight agreed. Attorney Knutson noted the summary would also need to be changed to the extent that "...constructing and equipping facilities for senior citizens..." should be changed to read .... constructing and equil~l~in~ a senior services/community complex... A vote was taken on the motion which carried unanimously. City/School Tennis 9. Co~tsideration of City/School Tenttis Cou~t Project. Presentation by Port - Court Project A~tgc, les School District: Terry Heindl, representing the Port Angeles School District, reviewed for Council the sequence of events pertinent to the City/School tennis court project. Cost estimates obtained in August, 1990, approximated $231,000. The City approved the project in November, 1990; however, cost estimates were then revised in April, 1991, to $400,000. Specifications were subsequently redesigned, but bids amounting to $400,000 were submitted. After another redesign of specifications, bids in the amount of $286,610 were received. The School District has awarded bids for the construction of six courts and additional parking for 55 cars. The parking area and two courts will have lighting along with foundation work for future lighting of the other four courts. The Port Angeles Planning Commission has approved the project with a requirement for additional sidewalks along P~,rk ,~treet and Peabody Street. -11- 2095 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) City/School Tennis Mr. Heindl noted the School District is interested in determining if the City will Court Project (Cont'd) contribute any resources to costs that are currently over budget, if the City would want an option to light all of the courts at this time on a shared-cost arrangement, if the City would be supportive of reducing the sidewalk to follow Park Street and allow a connecting asphalt path between the four-court section and the two-court section, and if the City would allow the School District to extend lighting hours to 11:00 p.m. on a trial basis to be cut to 10:00 p.m. if complaints are received. During the discussion that ensued, Councilman Wight noted the Planning Commission approval included certain conditions. Attorney Knutson advised Council that the terms of a Conditional Use Permit cannot be changed in this setting; if the School District wishes to have changes made, that request for reconsideration should be directed to the Planning Commission. In addition, Director Collins indicated his understanding that an appeal to the Conditional Use Permit might be filed with the City. Should that occur, the City Council would address itself to the appeal. Lengthy discussion followed about the specific changes in the project and the financial aspects of the changes made. Craig Miller, representing the Board of the School District, advised Council the School District will be using reserves for this project. City Manager Pomeranz indicated there is a possibility that a loan could be made from the Light Fund toward this project. Discussion involved whether the City has actually transferred any funds towards this project and Parks Director Brodhun noted no money has been transferred in the absence of a cOntractual agreement. Dave Lasorsa, a resident on Peabody Street, addressed Council by objecting to the proposed lighting on the tennis courts. He compared the lighting to that experienced by those residents living in the vicinity of Civic Field. Further, he addressed such matters as increased storm runoff and parking problems. He asked Council to halt the project and seek input from the residents surrounding the area. Mention was made about the marching band discontinuing its practice sessions at Civic Field and moving those practices to the High School once the lighting has been completed. John Pope, School District Superintendent, offered clarification this is a very minor item and the parking lot lights were intended for safety purposes. The lights would merely serve as an added benefit in getting the band practices to return to the high school parking lots. After lengthy discussion, Attorney Knutson outlined the possible actions to be taken by Council. An agreement will need to be arrived at between the School Board and the City Council outlining the level of the City's participation. Staff can prepare a draft agreement, incorporating the District's requests and the suggestion of a loan from the Light Fund. Because there has been an indication of a possible CUP appeal, it would be inadvisable for Council to express prejudgment on the specific project at this time. In addition, staff can be prepared with different funding options for the City's portion of the project. After lengthy discussion, Council agreed this is the course of action which should be taken. Local Improvement 10. Co~tsideration of Resohttion Setting a Public Hearing for Local District Formation - bnprovemettt District Forntation (3rd attd 4th Streets west of Golf Course Resolntion No. 34-91 Road): The City Council previously authorized the Public Works Department to proceed with the preliminary engineering necessary to bring a resolution to Council to establish the 1800 Block of Third/Fourth Streets and Alley Local Improvement District. Public Works completed the preliminary engineering necessary to determine the feasibility of the street reconstruction and it is recommended that Council declare its intention to form the LID by passing the resolution and setting a public hearing for October 15, 1991. Mayor Sargent read the Resolution by title, entitled -12- 2096 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) RESOLUTION NO. 34-91 Local Improvement District Formation - A RESOLUTION of the City Council of the Resolution No. 34-91 City of Port Angeles, Washington, (Cont'd) declaring the intention of the City Council to order the improvement of a certain area within the City by doing street improvement, and by doing all other work necessary in connection therewith, and fixing a time, date, and place for a hearing on this resolution of intention. Councilman Hailer moved to pass the Resolution as read by title. The motion was seconded by Councilman Nicholson and carried unanimously. Landfill Gas 11. Consideration of Contract for Landfill Gas Monitoring and Training: Monitoring & Training Mayor Sargent reviewed information pertinent to the proposed contract with Sweet-Edwards/EMCON, Inc., to provide for landfill gas monitoring and training for City employees. The agreement provides for one year of engineering support for gas monitoring at $13,100 and landfill gas safety and operation training for landfill personnel at $4,400, for a total of $17,500. Councilman Cornell moved to authorize the Public Works Director to sign the agreement with Sweet- Edwards/EMCON, Inc. The motion was seconded by Councilman Ostrowski and CalTied unanimously. Public 12. Consideration of Resohttion Declaring Public Nuisances (public comment): Nuisances There were no public nuisances to be considered by Council Real Estate 13. Request for Real Estate Committee Meeting Regarding Lease or Sale of Committee Meeting Mount Pleasant Property: A request was submitted for the Real Estate Committee to set a meeting to consider the lease or sale of Mount Pleasant property. The members of the committee agreed to meet on Wednesday, September 18, 1991, at 4:30 p.m., if the Chairman, Councilman Lemon, could be present. Contract for 14. Consideration of Contract for Resolution of Erosion Control at Landfill: Erosion Control at Landfill The Public Works Department submitted a proposed contract with R. W. Beck to design bluff erosion control measures at the landfill. Severe erosion problems are present at the bluff area north of the closed portion of the landfill, and DOE has notified the City of its concern regarding the drain cut. Without remedial measures, DOE feels the cut will pose a significant threat to the surrounding environment. Payment for this service, in the amount of $35,000, was not included in the 1992 budget and will have to come from utility reserves. Councilman Nicholson moved to authorize the Mayor to sign the agreement with g. W. Beck for engineering design services. The motion was seconded by Councilman W'qght. Attorney Knutson noted there was an error in stating the money was not included in the 1992 budget; rather the budget referenced should have been 1991. However, the money will come from last year's unexpended funds or from funds which were included in the adopted rate increase. A vote was taken on the motion which carried unanimously. City Council Goal- 15. Reschedule City Council GoabSetting Session: Setting Session The goal-setting session for the City Council was rescheduled to Tuesday, October 8, 1991, at 6:00 p.m. -13- 2097 CITY COUNCIL MEETING September 17, 1991 LEGISLATION (Cont'd) Public Display of 16. Consideration of Public Display of Fireworks: Fireworks The Fire Department has received an application permit from the Port Angeles High School for a public display of fireworks at their homecoming event to be held October 4, 1991, at Civic Field. It is recommended that approval be granted. Councilman Ostrowski moved to approve the application from Pyro Spectacular Northwest to conduct a public display of fireworks on October 4, 1991, at Civic Field. Councilnum Nicholson seconded the motion which carried unanimously. CITY COUNCIL Councilman Wight and City Light Director briefly reviewed the Energy Fair; COMMITYEE further information will be forthcoming. ITEMS: Councilman Nichoison directed attention to the letter to Chief Glenn in the Information Packet - a job well done. Councilmen Ostrowski and Nicholson asked to be excused from the next Council meeting; they will be attending an American Public Transportation Association meeting. Councilman Hallett noted the memorandum concerning the proposed agenda format for future City Council meetings; he expressed appreciation to Clerk Upton for the proposal. Councilman Cornell addressed the matter of the closing of the detox, center at the hospital and the potential negative impact on the community. He inquired specifically of Police Chief Cleland as to the affects; Chief Cleland will prepare a report for submission to the Council at its next meeting. Also, Councilman Wight offered to take any pertinent information to the County Health Board for consideration. Reference was made to the draft letter requested by Councilman Ostrowski on the timber set-aside proposal. Comments and input from the Councilmembers was solicited. Mayor Sargent attended the last meeting on timber relief; she offered some facts for inclusion in the draft letter. The letter is due by October 15. Mayor Sargent and Public Works Director Pittis attended the meeting of the AWC Legislative Committee this past week. Mayor Sargent reminded Councilmembers of the meeting Wednesday, September 18, 1991, at 1:30 p.m., with Congressman Swift on the Elwha Dam issue. Police Chief Cleland announced the switch had been "turned on" at 11:30 p.m. this evening for the joint dispatching with the County. ADJOURNMENT: The meeting adjourned at 11:55 p.m. clerk -- <q ~.] - - ~yor ~(~3 ~ CC~.33 -14-