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HomeMy WebLinkAboutMinutes 12/01/1981 '" ~l" ....... -L"'_~~ ~ . .... ,.........., "': ~-.."" '.,.'...,..... t'"'~.'. .. '. - -'''',01'. - ..}.;!\;port' Angeles, Washington . _'-' ._-o~~~~~~~cember l,~~:~~l .. '..- ~~:: <~?:~~~!-~:2::':::":""~~';~~-~~~1- -. ..' .,.;." -,.- ~3-20'9- ,,- :~ -' ;;~~:;:~;:.',.' .", ~t~.~:: '. I CALI" TO ORDER Mayor Haguewood called the meeting to order at 7:00 P.M. . II ROLL CALL Members Present: Mayor Haguewood, Councilmen Boardman, Duncan, Hordyk, Polhamus Quast and Whidden. Members Absent: None. I Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Lannoye, P. Carr, M. Cleland,L. Cosens, D. Frizzell, L. Glenn, J. Pittis, R. Orton.and J. Hordyk. Public Present: G. & O. Ralston, B. Norris, G. Alexander, M. Hube, S. McLaughlin, Mr. & Mrs. John Pearce, W. WhittIer, J. Cornell, D. Bragg, T. Humble, K. Sweeney, H. Buchmann, R. Gerberding, D. Logan, D. Rudolph, M. Garrett, J. Jones, A. Christiansen, M. Shirley, G. Austin, S. Brothers, P. Vick, C. Coble, G. Crawford, C. Owens and D. Zanon. III MINUTES Councilman Quast moved the Council accept and place on file as received the minutes of the November 17, 1981 meeting and the minutes of the November 20 and 21, 1981 special budget meetings; Councilman Whidden seconded and the motion carried. IV FINANCE 1. Call for Bids - Word processing Equipment I Mayor Haguewood read Rob Orton's memorandum requesting permission to call for bids for various word processing systems. Councilman Polhamus moved the Council approve the call for bids for word processing equipment and Councilman Duncan seconded. The Council queried the intended use.of the requested equip- ment and Councilman Hordyk expressed concern that as funds have not yet been appropriated, the bid prices would be adversely affected by the likelihood that the City could reject the bids for lack of funds. On call for the question to call for bids the motion carried with Councilman Hordyk voting "No". 2. Call for Bids - Downtown Improvement Project. Tabled to the December 8, 1981 special meeting. V ITEMS FROM THE AUDIENCE NOT ON THE AGENDA 1. George Crawford Mr. Crawford, 414 South Francis, Port Angeles, addressed the Council regarding garbage pickup at Panorama Manor and on-street parking created by a lack of available stalls for the apartment building. He was particularly concerned that a truck parked near the corner created a traffic hazard. The Council r~commended Mr, Crawford meet with City staff, the owner and residents of Panorama Manor and attempt to reach a workable solution for all concerned. VI CONSENT AGENDA I Councilman Hordyk moved the Council accept the items listed under the Consent Agenda including vouchers of $95,704.38 and Payroll of $175,899.68. The motion was seconded by Councilman Quast and carried. VII !.~~_FROM THE COUNCIL Nar ON THE AGENDA Councilman Quast thanked Murel Ecker, 193 Kitchen-Dick Lane Road, Sequim for donating the Christmas tree set up at the Conrad Dyar Memorial Fountain. .....1~~~~.,~,t.~~->.,:."' .._ ~'*.;i.. i '_~~_,1: \ ~:]if:~;'~;;G;~:;~2~i~~i,:'~"r:~~ :-, -~-- :'<~~ ~:~~tif!1'?-~i}f~;~- - .:~.:: ~ .~~:~~~~.~;; ._.:t~\~~ ~'"-"- " Il~",;"'~ . ""...... ....,~.~ .... );... ,,~'~~f ,'., -:"... !-'j:t! 'f '~;>. L . ',-. ~~ . ~ - VIII LEGISLATION 1. Public Hearings: A. Sign Ordinance Mayor Haguewood read a memorandum from the Planning Department presenting the proposed Sign Ordinance amel.dment. He then opened the public hearing and re- quested comments or questions from the audience. There were no comments and the public hearing was closed. I, ~~yor Haguewood then read Ordinance No. 2182 entitled, AN ORDINANCE of the City of Port Angeles amending Sections 2,5,7,8 and 9 of Ordinance No. 2152, the Central Business District Sign Ordinance. Councilman Hordyk moved the Council adopt the foregoing ordinance as'.:read by title and Councilman Boardman seconded. Planner C~rr advised the Council that an error had been found in the Ordinance included in the agenda packet and passed out corrected pages. Councilman Quast then moved the Council amend the foregoing ordinance as read by the title by substituting page four and six with the following corrections: The last sentence of Section 7. Permitted Signs, subsection (e) was changed to read ~'....section (1) (c)..."(page four) ~e last sentence of Section 8, Prohibited Signs, subsection (11) was changed to read "... in Section 7 (l)(c)." (page six). Also, an additional sentence was added to Section 7. Permitted Signs, subsection (e) which states "Projecting signs not occurring under marquees shall maintain a clearance of not less than eight (8) feet from the underlying sidewalk.." (page four). Councilman Polhamus seconded and the motion to adopt the amended ordinance carried. B. 1982 Preliminary Budget & 1982 Revenue Sharing Budget Mayor Haguewood opened the public hearing on the 1982 Preliminary Budget and I. :,' the 1982 Revenue Sharing Budget and requested comments or questions from the audience or staff~ Presentations were made by representatives of the following special agencies in support of their request for City funding for the year 1982: Alcohol Referral Program-To Humble; Mental Health-C. Owens (Cl. Co. Human Services) and D. zanon-(Peninsula Counseling); Museum-G. Alexander; Project Info-S. Brothers; Clallam County Humane Society-B. Norris) and Juvenile Diversion-H. Buchmann. During the presentations, the Council directed comments and questions to the speakers and staff regarding the special agency funding requests. Following this, R. Gerberding commented on several issues regarding the 1982 Budget proposal and Manager Flodstrom advised the Council that though 13 personnel were being reduced in the 1982 Budget, layoffs would not be necessary due to attrition and a hiring freeze imposed in mid-19Bl. Councilman Hordyk commented on the lack of reserves in the 1982 proposed budget and re- quested the council look carefully at the special agency requests. Following these comments, ~lliyor Haguewood closed the public hearing. 2. Preliminary Plat of L.B.R. Subdivision (Sunnyside, Inc.) Mayor Haguewood read a memorandum from the Planning Department regarding the . Preliminary plat of L.B.R. Subdivision. Councilman Polhamus moved the Council hold a public hearing on December 15, 1981 for consideration of the preliminary plat; Councilman Quast seconded and recommended the Council view the smaller lot development on Rose and Thistle Streets-prior to the next meeting. On call for the question, the motion carried with Councilman Whidden abstaining. I. " 3. Amendment to Parking Ordinance - Day Care Center 1.1ayorHaguewood read a memorandum from the Planning Department advising the Council of the Planning Commission's recommendation to amend the Parking Ordinance to include parking requirements for day care centers. Councilman Quast moved a public hearing be set for December 15, 1981 for consideration of this amendment) Councilman Polhamus seconded and the motion carried. ...... .- ~t... ~ ~ .~ _ h",'~":5:2- ' .,.l...... .",-0" ,~~... - .. - ... ~ . .. -II ....~ i"' ~ 11200 ~ .' 'NOTJCE JS~ HEREBY- -GIVEN that th. Port Angeles City Council will hold a. public hearing on December I, '981, at 7:00 p.m.., or as soon thereafter as possible, in the Council Chambers, I~ West Front Street t to consider amendments to Sections 2, 5, 7, 8 and 9 of Ordinance No. 2152 (Sign Ordinance) Locotion: Central Business District of the Cify of Po.., Angeles Appl icant: City of Port Angeles All interested parties may appear 01 the hearing and express their opinion on this proposal. Specific amend- ments may be obtai ned from the Planning Department, 107 North Oak Street, or from the City Clerk, City Hall. Date: NOYt 20, 1981 Marian C. Parrish City Clerk Pubt Nov. 20, 1981 I I I ORDINANCE NO. 2182 AN ORDINANCE of the Cily 01 Port Angele. amending Section. 2. 5. 7. e and 9 of Ordinance No. 2152. the C.ntral Bus-inest District Sign Ordinance. . WHEREAS, the requir.ments of Chapter 43.21C RCW ho~. been met; and WHEREAS, th. Cily Council ha. held 0 public hearing following public notice; and WHEREAS, the City Caundl find. It to be In Ihe be.t in'ere.', of the Ci-ty o' Port Angeles; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGHES a. follow.: Section 1. Section 2 o' Ordinance No. 2152 is hereby amended 10 read os foil awo: "Seclion 2. DEFINITIONS. (1) Except where speclficaUy d.fined herein, 011 words used In this Ordinance 5"011 carry their customary meanings. Words used in Ihe pre.enl len.e include Ihe fulur., and Ihe plural Include.lhe singular. The word ".hall" i. mondolory: Ihe word "may" denotes a use o' di-scretion In making a d&clslon. The word. "u..d" 0' "occupi.d" shall be con.ld.red o. Ihough followed by the words "or' intended. mOjnt-olned, arranged or designated to be used or occtJpled," (2) Bonner-A piece of mon-made or naturol cloth or f~bdc displaying 0 distinctive non-commercial design. at. tached by one OT more edges to 0 pole or s.taff or other device inlended for .uch display. (3) Billboards-Ouldoor ad~ertl.ing .ign. conlaining 0 menage, (:ommerclol or otherwi:se, ynrelgted to Gny U$e or aCli~ily 01 the property on which Ihe .Ign is localed. (4) Oisplay Surface-ThaI part of a sign slruclur. u.ed to di.play an inl.groted odvertl.ing m.Uage. (5} Marquee---A permanent covering structur. projecting horizontally from and attached 10 a building. aHording protection from the elements; including but not limited to cloth awnings and mcnsord roofs. (6) Person-Any Individual, corporallon. a..aclalion, firm. partnership and the like, '$;n9ulo,. Or plural. (7) Sign-Any lettero. figures, design, symbol, Irademark or device intended to attract o"ention to ony activity, service, piece, subject, person, firm, corporation, public performance, article, mochine or merchandise. and Including display sur- faces and $upponing structures thereof. (8) Sign Ar..o-The areo of the .ign .hall be Ihe .um of each di.play surfac., including bolh .id.. of 0 doubl.-faced .ign, a. determin9d by circumscrlblng the .xterlor limits. on fhe mass of eac.h display erected on one 5ign structure wtth 0 circle, .rlangle or qU'adrangle connecting 011 extreme points. Where a sign 1$ composed of two or mor~ Indlviduol tetters mounted direclly on 0 wall. Ihe talal di.play .urfac.. including ill backg,ound, .hall be con.ldered on. .ign far purpo.es of calculating $ign area. The structure supporting Q sign is not included in determining. the area of the sign unless the structure is designed In 0 way to form on Integral :part of the- di.play. (9) Sign. Fr.estanding-A .ingle or mulllpl. faced sign, sypported from th~ ground by one or more cOlumni, uprights or braces. (10) Sign. Ped"slrian-A small .Ign deslgn.d 10 Idenllly a bus~n.ss to a pedestrian and indicate the locatlon of the en- trance. - (11) Sign, Projecting-Any .ign other Ihan a wall .ign which extends more them twelve (12) inches 'rom the facade of the building 10 which it is attached. (12) Sign, Roof-Any .Ign erecled upon, agoin.t or direclly above c roof or on top of or above the parapet o' a building. (13) Sign, ROlaling-Any sign which rolates on o fixed axi.. (1~) Sign. Temporary-A sign conslrucled 01 clalh. canva., cardboard, wallboard or other light material, in.titnded to be- di.played for a Iimiled period of lime. not 10 .xceed ninety (90) days with In a .ingle calendar year, unle.s olherwi.e spec1fied in this Ordinance. (15) Sign, Wall-Any sign attached 10 and .upported by the wall of 0 building or Ihe wall of a st'uclure. with the exposed face of the .ign in a plane parallel to the piane of sold wall. (16) Sign, Window-Any .ign localed Inside and affixed to or wilhin thr.e (3) feel of the window pone. of 0 building. whether temporary or permanent. (17) Slreel-A public righl-of-way which aHord. 0 primary mec;lns 0'1 oc;:(ess. to obvtting property. (18] Slreel frontage-The .id. of 0 building facing Ihe street. (19) Surface Area or Facade-The suna,. oreo or 'acade sholl be .he area of thot continuous exterior front, side or back ~ $urface of 0 building, inclyding door$ ond windows, but ex- cluding ony toof oreo." Seclion 2, Seclion S of Ordinance No. 2152 I. hereby amended to read as 'ollows: "Section 5. EXEMPT SIGNS. The following .Ign. ore exempl from the permit requirements of this Ordinance: (l) Official traffic signs, directlonolligns, banners, signals, bu.lne.. dir.cla,y mops, kio.k.. and public notlc.. erecled by public authorities. (2) In'ormotional service signs., such os "Customer Porking," "Driveway Entrance"' and "Exit," not to exceed 'Six (6) square feel. (3) Signs identifying public: conveniences, such os restrooma, tele,phone$, bus stops and tQxicab sfands, nof to exceed three (3) .quare leet. (4) Informotional warning signs, such Os "No Trespas$ing," "No Dumping," "No Parking:' not ia exc.ed .ix (6) .quare r'~(~j Bundlng address identifkQf'fon -rivmQ~r limited to t~elv8 (12) 'inches in-height. (6) A permanent building identification, including building plaques, cornerstones, nome plate$ and similar dev'ees. (7) Temporory polillcol .Ign. ond .ign. di.played in window. of porty politicol heodqu(Jf"ter~. provided they or. (eMoved wilhin fourteen (14) days alter Ihe election. (S) Temporary decorations customarily displayed at speciol holiday.. .uch a. ChriMmas and Independ..nce Day. pra~ided they are removed within fourteen (14) cloys afler the holiday. (9) One temporary real estate sign for each str_t frontage located on the premises for sole, lease or rent, not 8xc-eeding eighl (B) .quare feet: pra~lded thaI it i. rema~ed fourleen (14) days after the sale, leos& or rent of the premises. (10) On.. lemporary .ign for each .treet fronlag. d.noling the architect. engineer or contractor, plQ<:ed upon work under construction, not to exceed ten (10) square feet; provided it is r.ma~ed fourleen (14) day. alt.r complelion of con.truclion. (11) Any .ign located within 0 building nol vi.lble from Ih. sfreet or sidewalk. . - . -r (3) Mullir'e Bu.ln...... Arcad.. and Gallerie.. The total sign area 0 tWD or more businell.,sharlng Q common facade with 01 leo.1 on. bu.in... nol ha~lng a .1....1 franlag. .hall nol .xc.ed 20% of Ih. .urfac. ar.o of the common focod.. One additional .ign. nol .xceeding .ix (6) .quore. f..,. Ii.,lng 011 of the busin8S$eS may b. provide<l. (4) Sign Areo on Alley.. Each IndMdual bu. in... with oli.y frontage may ha~e 0 talal .Ign ar.a of all .Ign. not to nceed 10% of the lurfac. a..~ o. th. bul1dlng facode on the alley occupied by Ihe bu.ln.... AII.y .Ign. .hall be mounled parall.1 10 Ihe building facad. and prolect no furth.r Ihan Iwelve (12) inches from the wall on whIch Ih. .Ign i.ollach.d. (5) Sign Area on Sid. Wall.. SIgn. may b. maunl.d on .xpo.ed .id. wall. of buildings, which wali. do nol hay. .lr..1 frontQ~. in accordont. with Subs.ectlon (1) of this s.ction; pro~ided Ihal onl~ Ih.. n...." nf the .XDO.ed wall .holl be consld.;ed the .urfac. ar.a of Ih.facode." SeClion 4. S.ctian B of Ordinanc. No. 2152 i. h.r.by amend.d to r.od a. follows: "Seclion 8. PROHIBITED SIGNS. The following .igns or. prohibited in lhe C.ntral Bu.ine.. DI.trlct: (1) All .I"n. iIIumlnaled by. or containing, blinking. f1a.hing. intermittent or moving ligh..; provided 1hat digital ,jme/temperature signs and the moving hands of a (lock olherwlse allow.d und.r Ihl. Ordinanc. shall nal b. prohibited. (2) All roof-mounled .ign.. Includln" any .I"n. pointed dlreclly on the roof surfac.. (3) All ..trings a. pennants. bonn.n, Hyers, ribbons or other f1ullerlng d.~ices: pra~lded lhal .uch d.~Ic.. may be di.play.d 10 make nolle. 01 th. op.ning 01 0 bu.ln... for a p.riod nal to exc..d len (10) cloy.. Thi. secllon .hall nal prohibit seGsonal decoraUons or tealonal banners affixed to light pal.. by Ihe Municipality 0' non.profll orgonlzalion.. (4) Billboards. (5) Temporary .ign. attached 10, lacaled an or r..llng agoin.t 0 molar vehicle or trail.r lor Ihe purpo.e of ad. vertisement Dr dir~fing people to D busine.s, (6) All .ign. which purport 10 call all.nlion 10 a bu.in..s or building with word:s luch Os "look," ".top," "slow down" or alher ward. 01 like Imporl. (7) All mo~lng, rotallng or animated .Ign.. .xc.pt borb.r pale.. (8) AIi .ign. painl.d dlreclly an buliding fac.., wall. or building .tructtJral components; provided, that painted s,gns are permitted If Ih. appllcanl po.t. 0 bond or .am. alh.r form 01 .ecurlty in an amaunl .uHlci.nl 10 r.mo~. the .ign, a. d.l.rmined by Ih. Public Works Departm.nt. (9) All .Ign. which no longer ..rv. an on-going bu.ln.... (10] All .igns which have no p.rman.nl allochm.nl 10 a building or the g,ound, including bul nolllmiledlo A.frome .Ign.. pol. attochm.nl. and mobil. .Ign.. (11) Projecting sign. Ihal prajecl lurth.r than four and on.. half (4 'h) f.el Irom the building facode: provided Ihal .Ign. occurring under marquees thall be lIa~.m.d by Ih. r.quir.m.nl. for ped."rian .ign. in S.elion 7 (1) (c). (12) All sign. nol .peclflcolly addr....d h.r.in ond conlrary to ttl. provisions o' this Ordinance." Seellon 5. S..clion 9 of Ordinance No. 2152 I. her.by amend.d to read a. follow.: "Section 9, REMOVAL OF PROHIBITED AND NON. CONFORMING SIGNS. (1) Wilhln nin.ty (90) day., the Building In.pectar .hall cla..11y or cau.e 10 be clanified, all .igns In Ih. Cenlral Bu.ine.. DI.lrict a. &Ither "prahlbiled," "Iegal non. conforming." or "permitted." (2) Th. Building In.peclor .hall notlly .lther Ih. .Ign own.r or I....e. or Ihe owner of Ih. prap.rty. of each .Ign thaI I. .Ith.r a prohibited or nonconforming .ign und.r Ihe lerms of thl. O,dlnonce_ Thi. notlflcallon .hall occur within forly.flve (~5) day. of the compl.tion of Ih. Building In.peclor'. clasli.ic;atlon. (3) If 0 prohibited .Ign adverti.e. a bu.ln... no long.r exi.tin" or 0 praducI no long.r sold on lhe preml.... it sholl be r.moved wllhin Ihlrty (30) day. of receipt of Ihe nolic. from the Building Inlpector. (4) A p,ahlbited sign. existing and In u..on January 1.1982, may be r.lalned in u.. unlll Dec.mber31. 1986: pro~id.d,lhat if the bu.lne.. or ..rvlce adv.rtl.ed by the .Ign i. di.continued during Ihat five-year period Ih. .Ign .hall be r.ma~ed within Ihirty (30) day. of disconlinuanc.. Such .ian .hall be .1Ib'!r removed or mode to conform to tile requirements of thiS Ordinonce by January 1. 1"987. ~. w (5) Any sign which. is of 0 type of sign iPermmea unaer Section 7 of Ihis Ordlnanc.. but which doe. nol conform 10 the .peclfic requlr.m.nl. for Ihal type of sign. .holl be cla..ified 0' legol nonconforming, and may .--main in liS. until December 31. 1986. Such .ign .hall b. .Ith.r remo~.d or mod. 10 conform 10 Ihe requir.m.nl. of this Ordlnonc. by January 1. 1987. . S.cllon 6. Thi. Ordinanc. .hall be .Hecll~. f1~e (5) cloy. after publicallon. PASSED by Ihe City CountH of Ih. City of Port Ang.les 01 0 regular meellng of .ald Counci I h.ld on Ih. IsI day of December. 1981. Samu.1 J. Hagu.wood, Mayor ArnST: Marian C. Parri.h. CllyCI.'" APPROVED AS TO FORM: Craig L_ Miller. City AIlarney Pub.: Dec. 9, 19B1 street or sidewalk. (12) Flogs of government and commercial institutions. (13) Sculptures. fountains. mosoics, not Incorporating ad. verUsing or identification of a business. (14) Sandwich board signs worn by a person while walking the public ways of the City. (15) Signs painted directly on windows. and window signs. except as the type of sign may be specifically prohibited by Section 6 of this Ordinance. (16) Traditional theatre morquees, not exceeding two hundred sixty (260) square feet. (17) Barber poles." Section 3. Section 7 of Ordinance No. 2152 is hereby amended to read as follows: "Section 7. PERMITTED SIGNS. (1) Total Sign Area on Streets. Each individua' business with street frontage may have a total sign area of 011 non.exempt signs not to exceed 20% of the surface oreo of the building facade occupied by the business, or two hundred (200) squClre feet, whichever is less. When a building is located on more than or'le street frontage. each visible building focod. shall be considered separately. Such signs may be wall signs. marquee signs, pedestrian signs, freestanding signs, prO"leeting signs. or any combination thereof. subject to the fo lowing stan. dards: (0) Wall Signs. Wall sigos sholl be mounted parallel to the building facade and shan project no more than eighteen (18) inches from the won on which they are attached. (b) Marquee Signs. A sign may be mounted on the front or front outer top edge of a marquee, parallel to the street frontage; provided that the sign shall not exceed a vertical distance of two (2) feet above the front outer top horizontal edge of the marquee and all supporting mechanisms are concealed from view; or 0 sign may be mounted on the side of a marquee, provided it does not extend above the top of the side. (c) Pedestrian 5\9n5. A pedestrian sign attached to the underside of a marquee shall be at a right angle to the plane of the building facade and not extend beyond the outer edge of the marquee. A clearance of not less than eight (8) feet from the underlying sidewalk sholl be maintalned. Said sign shall not exceed twelve (12) square feet in sign areo. (d) Freestanding Signs. Where all portions of a byi,ldin.9 ore located more fhon fifteen (15) feet from the street right-of+way the building may have one freestanding sign. Freestanding signs sholl not exceed fifty (SO) square feet in sign area or twenty (20) feet in height. (e) Projecting Signs. Projecting signs mas be mounted at 0 right angle to. the plone of the bvHding facade, provided the sign sholl not extend more than four and' one.holf (4 Y1) feet beyond the facade of the building. Further provided that signs occurdng under marquees shan be governed by the requirements for pedestrian signs on Subsection (1) (c) 0' this Section. Projecting signs not occurring under marquees 'Sholl maintain a clearance of not less than eight (8) feet from the underlying sidewalk.. . (2) Upper Floor Businsses. The total sign area for a business occupying on upper story of a building with street frontage sholl not exceed 20"10 of the surface of the building facade occupied by the business. or two hundred (200) square feet, whichever is less. An upper floor business or bussnesses may have one sign on the street level ,dentifying the upstairs businesses. provided that said sign sholl fot exceed six (6) square feet. . - ... .... --- --- -- ---- ....:.... ........-...'-.... ,~-.. :,.;o'-r --,' '.- -------- ------.- ~~ . ' '- ~ .'!'".;;'< ~~~~"j.-:,.- . :-~: ::'!~~:..'.t . .. ~.::.;. I ,I I ~. :~::.~~:'i;~~" .. ',.;:'.i~::~' . ~ '.....;o-'-\,..V~C7 -.. c.'" . . -:~. .. CITY COUNCIL MEETING ;'<"'!o<~..;.,' December 1, 1981 : ;X~~~~~~; . ...t':1..~:~r1~~~~~: . ~ ~~ }~t~~ -'"~fl"' ~ ",.<.'. -'. ;,"'. J ..... :' . '-~ . .- . '-.~~~:",...-. ..,~...<.:...j, '~-;.' ~':;:+:;;:ciH)"" i'.-:=;...'!;1:I.:..-...._~.:,. .....~. ..-\.m..........,a~~~~ 1);.:.. VIII LEGISLATION (cont.) 4. Jerry Austin - Joint Use Agreement Mayor Hagu~~?d read a letter from Gerald Austin requesting a joint use agreement with. the City. Councilman Quast moved this item be tabled as the Council, having just received the information, had not had sufficient time to study the material. Councilman Polhamus seconded and the motion carried. 5. Little League Fields Renovation Mayor Haguewood read a memorandum from the Park Commission regarding a citizen proposal to renovate the Lincoln Park Little League fields through donated funds, labor and materials. The Cormnission requested the Council grant permission to the citizen group(which has requested to begin work irmnediately) to proceed with the project. S. McLaughlin of the Park Commission, stated that he, foresaw that the timing of the project could i~ped~ its completion due to wet weather conditions and inability of the ground to currently support this.tyPe of activity; thus leaving Little League short of playing fields for next season. After further Council and staff discuss- ion, C. Thompson, a Little League coach, invited the Council and staff to approach the Little League Board.with the full ramifications of beginning construction at this time of year. The Council, though appreciative of the volunteers' efforts, agreed that further inquiries should be made and re- quested staff bring this before the Council for consideration at its next regular session. 6. Contract with Clallam County Economic Development Council Mayor Haguewood read a letter from H. Buck requesting the City contract with EDC for its financial support. Councilman Quast moved the Council authorize the Mayor to enter into an agreement between the City and EDC, as the Economic Development Council is a non-profit educational and re- search corporation of the state of Washington.and,as the City owns and operates four utilities (water, sewer, solid ~aste and electrical) it is therefore interested and concerned with the consumer utilization of the services of these utilities where economically feasible and the City has need of research and education in regard to other aspects of its operations. Councilman Duncan'".seconded and Councilman Polhamus requested H. Buck address the Council regarding the services EDC will provide the City. H. Buck stated EDC will put together a guidebook with a complete economic development profile ot' Port Angeles and begin the work for an overall eco- nomic development plan for the City. On call for the question to enter into the agreement, the motion passed unanimously. 7. Contract - Ellerbe and Associates Manager Flodstrom advised the Council of the cont€llllt .cof the agreement between the City and Ellerbe Architects & Engineers for schematic design work on the proposed ~onvention Center Project, indicating the city Manager should be substituted for Director of Public Works in the four instances where Director of Public Works appears in the contract. After further discussion of the scope of the consultant work to be done, Councilman Quast moved the Council authorize the Mayor to execute the amended agree- ment between the City of Port Angeles and Ellerbe and Associates; Councilman Hordyk seconded and the motion carried. Mayor Haguewood noted the time was beyond 10:00 P.M and Councilman Duncan moved the Council meet in extraordinary session; Councilman Quast seconded and the motion carried. 8, Telephone utility Tax Ordinance r~yor Haguewood read Ordinance No. 2183 entitled AN ORDINANCE of the City of Port Angeles imposing a business and occupation tax upon certain businesses, occupations and privileges, requir- ing a business license for the same, providing for the collection thereof, defining offenses, prescribing penalties, and repealing Ordinances 1148 and 2150 and Chapter 5.80 of the Port Angeles. .Municipal Code. . '.""."":'T..~(J-"'" . -,.~',j;"~:.~~:, ~,..r .'-'':~f "'.ij~;.:;~:":':.><~f.~~~;fi.~.~~i~~~.-, ..ti;', ',' ,,:' '\,"; CI'IT:rcociicr#~iiT~"JGS ~.. :~;"'.;2:.t.. Dece~~r~?2~;~:~;,~~?,t,~~~",: .~,.:~~;~;i~~JrJ~~~1f~::~~~~:;~~~;j~:"~;;J~I,~~: ~':'r.~~~~~::.~:''-'';~:!:'7'c' ~--~~_,.;)-~$~-i:-Y: . _C.- ~'{::t{"':;[-~.: "'J . , .::"- ~. t. ~-~~ VIII LEGISLATION (cont.) 8. Telephonerrtili~y Tax Ordinance (cant.) Councilman Hordyk moved the Council adopt the foregoing ordinanc~ as read by title and Councilman Polhamus seconded. Councilman Hordyk indicated he was in 'favor of imposing a City tax on basic services only and adjust- ment of the tax rate to take into consideration the $~,OOO received from sales tax on equipment instead of a city tax on basic services only at a' rate equal to 5.5% implemented by the foregoing ordinance. On call for the question to adopt the ordinance, the motion carried with Hordyk voting "No','. I 9. Port of Port Angeles Waterfront Development Plans Mr. Paul Vick of the Port of Port Angeles addressed the Council's questions regarc:!ing the Port 1 s plans for the development of the Angeles Sand and Gravel site indicating the final proposals are not yet complete and that this issue could be raise~at the special meeting in January. He also stated the Port was continuing negotiations with the Transit Authority regarding the. Oak Street transfer station and that a firm price has not yet been set. 10. Status Report - Second phase Downtown Beautification Project Councilman Quast requested this item be moved to a special meeting with the Park Recreation and Beautification.Commission on December e, 1981, at 7:00 P.M. and a public hearing be held at that time for review and public input regarding the second phase of the Downtown Beautification Project. The Council concurred and moved the status report to the December 8, 1981 meeting. 11. Additional Surplus Property Mayor Haguewood read a memorandum from Finance Director Orton requesting additional property be declared.as surplus for the December 5, 1981 auction. I Councilman Hordyk moved the listed property be-incoXporated with the previous list of surplus property and declared as surplus. Councilman Duncan seconded and the motion carried. 12. Planning Commission Vacancy Mayor HaguewoQd read Manager Flodstrom's memorandum regarding applicants for the Planning Oommission vacancy. The Council agreed to set interviews for applicants not previously interviewed immediately before the December 15, 1981 Council meeting beginni~g at 6:00 P.M. 13. Pearce Request to Purchase City property Mayor Haguewood read a memorandum from the Planning Department advising the Council of Mr. and Mrs. John Pearce's request to purchase a portion of Lot 15, Block 129, Townsite of Port Angeles. Counciiman Polhamus moved the 'Council refer this item to the Real Estate Committee for eval- uation; OOuncilman Quast seconded and the motion carried. 14. Bill Prentiss - Ambulance Service ~~yor Haguewood read a letter from Bill Prentiss requesting the Council review the ambulance service currently being offered the citizens of Port Angeles and }~nager Flodstrom requested this be considered in con- junction with a Late Item from Fire. Chief Larry Glenn. 15. Ediz Hook Beach Erosion Control project I Mayor Haguewood introduced an invoice in the amount of $1,655 from the Army Corps of Engineers for the City's share of the 1982 costs fo~ the Ediz Hook Beach Erosion Control project. Manager Flodstrom addressed the fact that the City's share of the 1983 costs are estimated to be almost $81,000 and the Gity therefore needs to look into sharing these costswH~h the lessees of City property on Ediz Hook or alternatively, all harbor users.. Finance Director Orton indicated that he had found a letter recommending the sales tax be increased due to the cost of the Ediz Hook Control project; however, the ordinance passed makes no reference to the proposed use ox the funds. Councilman Hordyk moved the Council authorize payment of the $1,655; Councilman Quast seconded and the motion carried. ._"""'9'7tiit.'t~ ._.~.;..;..._J_:,--... ".. ~ I I I ;~, :~t.~:Y"- :. 'e._;........:'. CITY COUNCIL MEETING . December 1, 1981 H~"~; ~t{ IX ITEMS FROM THE AUDIENCE NOT ON THE AGENDA None ~ X LATE ITEI1S 1. Reserve Ambulance Proposal Fire Chief Glenn presented a reserve ambulance proposal currently being _ suggested by the Clallam County Emergency Medical Services Council which calls for utilization of Port Angeles Fire Department personnel, both paid and volunteer to respond when Olympic Ambulance is in service at another incident; Olympic Memorial Hospital would provide the ambulance. This is proposed as a temporary solution to fill the gap which will even- tually be filled by Olympic Memorial Hospital personnel. Council requested staff participate in the December 10, 1981 EMS meeting and investigate this and alternative proposals further. 2.' Councilman .Quast Councilman Quast thanked Daily News reporter Colleen Coble for her excel- lent articles on the budget hearings. XI ADJOURNMENT TO EXECUTIVE SESSION The meeting adjourned to an executive session at 10:55 P.M. XII RETUR.,,'\l TO OPEN SESSION AND ADJOURNMENT ~ne meeting returned to open session and at 12:30 A.M. adjourned. ~e,~ City Clerk -4,.(;4--, ""1 Mayor ------------- - --- - -" ~ORDINANCENO'21B3 ' AN ORDINANCE of the City of Port Angeles imposing a business and occ. upotion tox upon certain businesses, occupation and privileges, requiring 0 business license for the same, providing fOI" I the collection thereof, defining offense, prescribing penohies, and repealing Ordinances 1148 and 2150 and Chapter 5.80 of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF PORT ANGELES, I WASHINGTON, as follows: Section 1. The provisions of this Ordinance sholl be deemed to be an exercise of the power of the City of Port Angeles to license for I re....enue. I Section 2. (AI. Alter January I, 1982, no person, firm or cor- porotion sholl engage in or carry on ony business. oc. cupation, act or pri....ilege for which a tax is imposed by this Ordinance, without fint having obtained, and being mode the holder of, 0 license so to do; to be known 05 an occupation license_ . (B). Eoch person, firm or corporation required to ha....e o license sholl promptly apply to the City Clerk for such license, upon such forms as the Clerk sholl prescribe, dW NO NOll \>'W~ is'itd3/\ 'itS .. IMJll \>'Wl101 .SllnSlM lHlA V1dlM ~ 01 OlWW\>'M90Md S~ ' A9010NHJ313JVdS! S!~I 0 5 HilJ.n. /8, Ol J30 '9NIM 'fll, ,;pjoJOilioloul 91 oiql~nw.~~' 3WV"tl~133 " {301MNIVHJ '1T'f Nl SIll 'YHH'I :lll~ pal(OAaJ aSU3J!1 31!ll'" llUJ"J.lG - 'lS 1Il91 'fA ~OtI '91: 'lUJ1d 'w uqOr '3UJl 000$ ~p3pU3W .WOJ3J sa lU3U1la3J1 ~UJU!lllqo pua J;!lU3:) (oqOJIV AnunlUUlOJ giving such information as the Clerk sholl deem reasonably necessary for the odmihistrotion and en- forcement of this Ordinance. (C). Upon his acceptance of such application the Clerk sh.all thereupon issue sucl1 license to the applicant. Such occupation license shall be personal and non. trcnsteroble. and sholl be valid os long as the licensee sholl -continue in said business, end shall continue to comply witt, tile pro....isions of this Ordinance. Section 3. (A). From and after January 1. 1982, there is hereby levie-d upon, and there sholl be collected from, every person, firm or cor- ITEMS FROM THE A~ ~~ra:~~;p~~~~ge~u:~n~~~ry~:~ hire or for sole or as 0 service wUnin or partly within the corporate lirn its of the City of Port Angeles 0 tax for the pri...ilege of so doing business. Suct, tax sholl be levied at 0 rote equal to 5.5% I of the total gross operating 1. Reserve Ambu, :::~~~~s'wh~c~e~~:d di;ri:~d within the City of Port Angeles. (8). For the purposes of this section, ""grosS' operating revenues" sholl n01 incltJde c;horges ptl$$-ed on to its subscribers by 0 telephone c;ompany pursuant to tariffs required by re-gutatory order, to compensate for the cost to the company for the tax imposed by this Ordinanc;e. "Gross operating reventJe" shall 0150 not indude any revenues received from intrastate tolls derived for the operations of such business wi1hin the City of Port Angeles. Councilman Quast se~~~:o.~t:~::hu:~:b:ssf~:~~~ lent articles on means the businGliiS of. pro...iding access to a local telepP10ne network, locol ADJOURNMENT TO E telep"one network switching ser...ic:e, toll service, or coin telephone ser...ices, or The meeting adjo ~~~~i~in~/el:~~~~~, v~~:~ munication ar transmission RETURN TO OPEN S fo, hi,e. by 0 local telephone network, toll line or channel, or similar communication or transmission system. Telephone . business includes cooperati...e or farmer line telephone companies or associations operating on t b~s~~:s~~~~s noi~nlc~~d~Oth: eJ r~I~~i~~~; S~~ic~~m:;tit~h: I pro....idirig of coble tele...ision service. Ie (D). For the purposes of this section "competiti...e telephone service" means 'the pro...iding by anV person of telephone equipment, ap' paratus, or service, other than toll service, which is of a type ~hich con be provided by .:persons that are not suEifect to ,.egulation as telephone companies under Title 80 RCW, and for which 0 separate charge i~ mode. Sec;tion .4, From and after January I, 1982, there is hereby levied upon, and there sholl be collected from, every person, fiim or cor. poration engaged in carrying on telegraph business for hire or sole within or portly within the torporot-e limits of the City of Port Angeles a tax for the privilege of so doing business. Such tax shall be le...ied at the rate of 3% of the total gross operating reven1JGS of such business deri...ed within the City of Port Angeles. Section 5. In computing said tax there shatl be deducted from said gross operating re...enues the follOWing Hems: . (0) The amount of credit losses and uncotlectibles actually sustained by the taxpayer; {b) Amounts deri...ed from transactions irl intrastate or foreign -commerce or from (Jny business whith tile City is prohibite-d from taxi~g under the Constitutions of the United Stotes or the Stote of Washington; (c) Amounts deri...ed by the taxpayer from the City of Par. Ange las; Section 6. Each taxpayer shall keep records reflecting the amount of his said gross operating re...enues, and such retords sholl be open at 011 reasonable limes to the inspeclion of the City Clerk. or his duly authorit:ed subordinates, for verification of said tax re1urns or for the fixing of the tax of a taxpayer who shall foil to make such j re~~~~~n 7. If any person, ~ firm or corporation subject to ~ ':~_~..,..~;:~ ':' ~~; ~1;~~n~:q~~~ ~~i1thti~ i ' - Ordinance within thirty (30) t ~ha:rseo;i:~:ret~~alld~: add:~ ! to such tox 0 penalty of' percent (16"10) of the amount, of such. tox, 0 nd any tox due . unde,. this Ordinance and urlpaid, and all penalties thereon, sholl constitute 0 debt to the City and may be collected by court proceedings. which remedy shall be in addition to all, ot~:~~~~~~i~~y money paid I currently being _ to the City through error 0.. 'ces Council which ~~~et~:i~~;:;e~ ~~~bye~~ f~ ersonnel r both excess of such tax snail, upon, in service a,t ~~~di~:~ :fg~~nes..:~~a:oe:'de: ide the ambulance. or to be-come due from such 'p which will even- taxpayer hereunder or, upon . the taxpayer's ceasing to do. Counell requested ~~fs~~d~d t~nth~~~xp~~t;r, ~6 .3.nd investigat'e this taxpayer may demand a refund of tox c;ollected more than three years 'rom the dole of demand, The City may I not demand a tax more than three years after the tax is accrued.)le for her e xcel- ~Section 9, Any.said per~on, j :~t: g~:i~~no::t~~o 5~~~~lc~~~, . or refuse to apply for of!' ~~~u:ost~~~O:axli~:~~~n :r ~~ ' ~t,~ s~~~llto~a~:e:n~u~~I~~ '? .M. statement or representotion I in or in connection with any t application for an oc-I cupational License or such tax ~~~I~~~ o~r r:to~~ ~:hf~~t~~ Idjourned. comrlY' 'with this ordinance'l shol be guilty of a mis. demeonor, ond, upon con. ...iction th@reot, shall be 1 punisl1ed by 0 fine of not to exceed $500.00 Eoch doy'. ~~ offense s~all ~e deemed a J AI"" OJ' t2!:t.. se~~~~i~en v~~~a;h~ninYaliditY or ' . II"" , un-constitutionolity of any' b:d~~s~~~e o~h~ilct~~t ~~n:~: 1 any oth",r provision or section of this Ordinance in...alid or unconsti'tuHonal. Section 11. The City Clerk is hereby outhorized to cdopt. publish and enforce. from I time to time, such rules and, regulations for the proper administration of this or-I din once os shalt. be necessary. and it shall be a ...iolotion of this Ordinance to ...iolate or to fail to comply ~~t;ul~~ronsuch 1:~1u Ir; I promulgoted hereunder. Section 12. This Ordinanc;e sholl be in force and effect on , and after JanuClry 1,1982. L Sec;tion 13. Ordinance No. 1 1148 and 2150 and Chapter ~~~iC~ol t~~d:o~tre A~:r~~; I re~:~~~~ 14. Sections l' through 11 of this Ordinance . sholl constitute 0 new chapter in Title 5 of the Port Angeles I Municipal Code. PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council held on the 1 st day of December 1981 . Samuel J. Haguewood MAYOR ;,U::. , >i'<)-'~~'~~; ~~r~~~ii U~213~<'~ .. . " <~,~,,"~~.;~1;: CITY COUNCIL MEE'. December 1, 19811 IX None. x LATE ITEMS Fire Chief Glenn suggested by the calls for utiliz paid and volunte another incident This is proposed tually be filled staff participat and alternative f I 2. Councilman. XI XII The meeting ret ~) City Clerk I ORDINANCE NO. 2183 AN ORDINANCE of the City of Port Angeles imposing a business and occupation tax upon certain businesses, occupation and pri...ileges, requiring 0 business license for the some, providing for the collection thereof. defining.oHense, presc:ribing penalties, ond repealing Ordir\ances 1148 and 2150 and Chapter 5.80 of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF PORT ANGElES. WASHINGTON. os follows: Section 1. T},e "roYisions of this Ordinance shall be I deemed to be an exercise of the power of the City of Port Angeles to license for reyenue. Section 2. (A), After January 1, 1982, no person, firm or cor- poration shall engage in or corry on any busitless, oc- I cupation. act or privilege for which a tax is imposed by this Ordinance, without first ha...ing obtained, and being mode the holder of, a license so to do, to be known as an occupation license, . (B). EaCh person, firm or corporation required to ha...e o I icense shall promptly apply to the City Clerk for such license, upon such forms as the Clerk shall prescribe, I ATTEST, Morion C. Parrish. City Clerk APPROVED AS TO FORM: Craig L, Miller, City Attorney Pub.: Dec. 9-, 1981 ....~............Ji.oet,.j...f.~.. '.."-r-.,,~:'~'..- .. ' '.-;~.;.,. "-U---, _r_..,... ~":~:1"~'.:f