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HomeMy WebLinkAboutAgenda Packet 05/02/2000 . ~~RfANGELE~~' WAS H I N G TON, U. S. A: ,,~. ,';';'~f,j~F~',"\' AGENDA:' . ..;(JI~IfY~CpUNC~:L{'~E~.;rIN G 321 EAST FDrrH ~'I'REEl' May 2, 200,9- REGULAR MEETING - 6:0.0 p.m. A. CALL TO ORDER,;. Regular Meeting (6:00 p.m.) ROLL CALL- PbEDGE OF ALLEGIANCE - CEREMONIAL..~TTERS & PROCLAMATIONS B. WORK SESSION . Municipal Water, Supply 1 !. C.LA TE ITEl\,fSTO BE PLACED ON THIS OR FUTlJI,m AGENDAS (Bjif()Zfij~il, Staff/?r P~blic) AND PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is theopportunityfor members of the public to speak to the City Councilaho,l!:tanything not on the agenda, pleqse.lteepcomments"t05-10 A.:lthihu}es.) ....,;" .~.,,;.,i',,'.,.. .... .... .:";,',A........ . ::.,,' W'. . . ,". . ..,,'<. ',.:' . D. FINANCE 1. . Preventative Maintenance Agreement for "Cardiac Monitor/Detibrillators 2. Public Works Trust Fund Loan Agreements for Reconstruction of 8th Street and the covering of three water supply reservoirs E. CONSEN1; AGENDA City Council minutes of April 18, 2000regular meeting F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS H. RESOLUTIONS I. Approval of Clallam County Comprehensive Solid Waste Management Plan 2. Allocation of General Government Fund Reserves for Capital Facility Projects I. OTHER CONSIDERATIONS Change in City Council meeting dates . 3 Action 7 Action 9 Action 15 Action 19 Actions 23 Action NOTE:HEARING.DEYICES A,MA,IbA:~I~j~FOR THOSE NEEIUNGASSIST ANCE MAYORTO'P~TERMI~E TIME OF BREAK Port Angeles City Council Meeting );.' May 2, 2000 Page - 1 .",~),,~ '.'r, .; ""i*"I!Il1itjj;"1V!/:ji~;~\!F't~f// 'c''!e"..')<~t"'''0 . PUBLIC HEARINF~;-"QUASI...ropICIAL (7:00 P.M. or soo~9fereafter) ~ ".", ..~ '- K' PUBLIC HEAIiINGS:'OTHER INFORMATION', '. ,. 1. CityManage(s':f{epbq... (P~e 25) ~....1.?99'Recyclmg ~~9!t;}'ZJ'i . .....: * City CoUncil te~l~~'. ........ <" \,<i cj ".' . .,0. ." ..,,:L:.\:.... ..i'e '.. 2. 2000 Snow B~:o~mtistics -Huiricaii~.cJ.lidgeW~ter'SP?rts~~(bl~tiol1'F'o~u1(ilition(Page 41) 3. Chamber ofCoiiliriercefullmci~Staiements -.Janllary &.Febniari"20001.:.(Page 43) 4. Planning Conunil$i6h riiliiutes':~pni 12, 2000 (Page49f+:;'0',:""~' .:,\. .,- ~_..;^,- 0-. .. ,_. ~.. M. EXECUTIVE S~SSI9N-(As needed aiia'a~termined liyCiti41!.r.h;(i!Y~,., :N: ADJOURNMENT .."."..,>''':.:'..."..... ,.It ;::>.:. ......:...}... . ',..... .' .. i" '." ,". ......'......::..:'.. ......'..'.'.'...:.:........ '. ..:..qi.... .......:....,:......,.:..j;,;.~~I..JII.;I~.ttE~RI~!~j.,.,... ,.,' .,. '... ......~~.~E>}. /E.....:L' Public hearing~are set by the City. qqLlncitin:oi'deitoll'lEietiregafrequirements periainlrf9to'matters,sLlcm :~~;\I~~d 'u~~;~tt.i~ppU?ati al)1!;!~91Tle,ntst.oCity lan~.use r7~L1'.~,tipns,iz:~~\I!~dlan~7~r-~'l9~xatio~S.i .In additio%;~~8~y;Coun~r ~i:ly,.s~ta pubIi9,~ringiil;or .'. ~bht::" ipputpn()rto'lTI3kingcl~l~lo~Whlcq~,f~~'th,e. !"~~Ct::l1aIn,.mattel'$may~~.p()Jltroyet'SlaI4~tIj~,C~YicounCU;tTlay~c:" . opiniol'lthroughthepublic hea'~ngpr~s~. j/;' "f'. ." ;" '," "'. . .....\.'. " '" ., ...........;'(:i1.C;\:~. .....il. ~-J; ._ -', ~~'; '.l' i l'~, '-/. . i]'y1ay 2, 2000 NOTE: HEARI~g~;Q~"'!9'f~!\~AJM~LE FO~ TIl9~~!E~ING ~SSIS'l~NCE )~;MW(Y(i)RHr()"DN'FERMINE;TIMEroFmREAK ')';~L " ....." m'i" Port!Angefes;City" CoUncil Meeting . '..11 i'age - 2 FORTANGELES WAS H I N G TON, U. S. A. CITY OF PORT ANGELES CITY COUNCIL MEETING I. CALL TO ORDER - REGULAR MEETING: II. ROLL CALL: Members Present: Mayor Doyle Councilman Campbell Councilmember Erickson ~""Councilman Hulett Councilmember McKeown Councilman Wiggins Councilman Williams Staff Present: Manager Quinn Attorney Knutson Clerk Upton S. Brodhun B. Collins G. Cutler S. Ilk D. McKeen Y. Ziomkowski ../ ~ * V' V' PLEDGE OF ALLEGIANCE: Led by: ~ tbvJo~J..(J^- III. --- May 2, 2000 &~ 17. 'Nt . r 7"~M"""""" CITY OF PORT ANGELES · FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: May 2. 2000 LOCATION: City Council Chambers <1'0 S- w / / t:!. ~ c.- jf{o City of Port Angeles FORTANGELES WAS H I N G TON. U. S. A. OrdinanceIResolution Distribution List City Council MeeHng of ~ r:(, d( ODD I<OA ~- fY'. 4- ~~ ,1.n I "IJJ"~ 11 'IJ J\ ~ .J I. rJ: j ". f}J.. "111) . -"Y. / [)i.... ..L. . 1\ A " City Manager / / City Atty. (1) J I J .; Planning City Clerk ~ / ,:2~~ Deputy Clerk J./ I ./ Personnel Cust. Svcs. Finance } / Dir./Mgr. Police Dept. Fire Dept. I Light Dept. / Pub. Works (2) ,!) J :;~v' Parks & Rec. / MRSC (1) }./ ,V' PDN (Summary) ..... - Extra Copies / ...4; 0 f) J ../ J / I TOTAL R a I I . . . CITY OF ~ORTANGELES .~ WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: May 2, 2000 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Safe Drinking Water Act's Impact on the Municipal Water Supply Summary: Per the direction of the Washington State Department of Health (DOH), the City has completed tests of its water source adjacent to the Elwha River. Tonight an informational presentation will be given to update the City Council on the results by the Director of Public Works and Utilities Recommendation: The presentation is for information and no action is required. Back2round I Analysis: Under the 1986 Amendment to the Safe Drinking Water Act, the Environmental Protection Agency (EP A) adopted new regulations for filtration and disinfection of public water systems that use surface water or groundwater under the influence of surface water (GWI). These requirements are referred to as the Surface Water Treatment Rule (SWTR). The DOH has the prime responsibility in identifying those ground waters directly influenced by surface water. In 1998 the DOH directed the City of Port Angeles to conduct tests to determine whether its water source was GWl because of the proximity of the City's groundwater source to the Elwha River. The results of these tests will be discussed in a presentation by the Director of Public Works and Utilities. N:\PROJECTS\97-16\CC _ GWI_ A. WPD 1 . . . 2 /' Impact of Safe Drinking Water Act on City of Port Angeles' Municipal Water Supply May 2, 2000 S:\P\\'KS\\\'ATER\CORR\O\\l_DOH.PPT Today's Brief · Review of Collection System · Decision Timeline · What does GWI mean? · What is Next? · Questions ~ "htbe fleh"*,*y /... loww E-"j J<:.:J/rfnI'T.'\CIP ~. St,..it of Ju.n d. Fuc. ..-- __ u_'\3f.u,et_~~.~..", .. "'T~Fto"'Loo..1lll<.f, e-....",.....tfl.F........ i -..... -- '.. i I =-~pt.. \ \ Rayonler \. SIte Elwha River Sit.. ...... f1t..-yColIeoctor ,0--"",' ::::.a~hanfW'''-';) "1. r~~~._-: ...... ...- West-of.--""' .._"-" Irw:luem..'..... ..- city SIte ~ '. ! Dryc.r..t;...... __ 1: .... "''', -....... / _ &led 0iMI0ftd...... , i I Lo."lon Mop I I.~~ I \l""~ I '(..-.. I ~. 1"- I ~ / ...... <<.. ~ ..... ~...................,....,.../-~........ J i Port An ,.~~ '., eles Water Su '.:":.I~!!:~,;.( I G..... C.won 0- ! {..-,.-.ni . 5.(('u 100(t) Site Location of Ranne .....~::::::::::: <<;:;~.:.:.:.?:::: ....:.:.: .... .:.::....:...:;~...:.:......:::'..::...::.:::.::::' .:..;..'.....' .;:::...<-:.'..... .-:<-::::;:.... , <<<.: .", . .:-:. '.:.;t i-,..,''i.''''-/^''''"'''''''' .~ ~1"'_"'I""!"" -. \ -'''''''~.'1'''r~ ;F':'!~"'.-;:~.'~;,?,!'7::'~..':,r~' Ranney Collector System _"":~~,... ~~=: a.~)~ 10..-.--- .. - '0' - :--_ "'~ .~ ~i cl if &i ,: ,I f! f ; ./ .,: .,.. ~;;.c:::~'~~'~ --~~.""""..:::":~".--'-"."~.".". Ol~"""_. ~.~.-o ...~,~ =--~ .. , J i:::. ..... .->' ....- ~- ->......~..........~..- Decision Timeline · 1986 Amendment to Safe Drinking Water Act - Surface Water & Ground Water Under the Influence (GWI) - Surface Water Treatment Rule · 1998 Washington State Dept of Health ( DOH) - Directed testing at Ranney Collector for GWI · April 2000 DOH Determines P A Supply is GWI What does GWI mean? · Water Quality has NOT changed · Regulations mandate Hi2her Treatment Standards What is Next? · Within 90 Days (July 25, 2000) - Public Notification - Interim Treatment, Monitoring and Reporting - Plan and.Schedule to DOH; Treatment Alternatives · Within 18 Months (October 2001) - Full compliance with Surface Water Treatment Rule - If not feasible; Negotiate a Bilateral Compliance Agreement What is Next ? (continued) · Reviewing Options - City Staff - CH2MHill - DO,H · Parallel Discussions on Elwha Dam Mitigation Measures - City Staff - National Park ServicelBureau of Reclamation - DOH - Lower Elwha Klallam Tribe Summary · NO Known Public Health Problems · NO Change in Water Quality · Treatment Standards Changed Washington Department of Health Representatives · Section Head SW Drinking Water Operations - Bill Liechty, P.E. · Regional Engineer - John Ryding, P.E. , , 'Peninsula Daily News KONPRadio , NorthlanC,l Cable , . ..;" :'!ax:,:4177?57f "'Fa~:457f9114 . ""Fax:457':'590L . ',' . ',-, ..... ;"-).- '-.',' ".' \,.; . (.' .PUBLIC'1NFORMATION<i\NNOU'NCEMENT, \: ' .'. ,1 ;.' . .~. . GROUNDW ATE~~~R T~iNF:LuE.~CEO~'StiRF,ACE:WATER(GW1> Th~ City's ~oun~~ater, s~mcewascI~~sirte4~y~~.\\T~hin~on,:stat~pep~~rit'~fH~~th'(DOH) in .'" April20QO as grotindwatertinder the;influen:ceofsWface wa.ter(GWl) becauseofthcpreliltionship between the ElwhaRiverandtheCity}sgroundwater'source. ".' ,', ", ",: '. .' . Under the,1986A~~ndment to the Safe:DrinkingWat~fAct,:kQOvv.n'l1s the .sUrfac~'Water-1'reatment Rule' (SwrR), the United States EnvironIne~talPiotection'Age~c~.(EP.A).adoptedregul~tio,ns'for filttatipn arid ' disinfection ofpublicdri11king,'watersystenis)ising,~ithersUrface;watet or'gro~dwateruhtler'the "" '..' , influence .of surface water (OWl). , The implementation;sbhedule'for'roles,rel;:ltedtoGWI were .notenacted by the Washington. StateDepartmentof~ealth (DOH) ,~tiirecentIy,due' hi Part:to the"EP A,not;. establishing the testing ptotocol:untilr99~.;, . ' ..' .' . ... , ',. ,- . . ... ,-' . .,- ..' ',. . -. " .'. _ ":, ',' -'- ""',' -':" .' Although.smface waterinay contain disease qausingprgaIiisnisjucha,sGiardia; thet:ity's water supply has never tested positive forGi~4ia...l1i~ City~s'groWid\vater, ~ouiceis a;RluuieyC()llector w'hichlS a . system of perfo'ratedpipesthat dra~s,.Watertl1fl;n(g~ Sah,dand graveFat .a depthofabQll( 6Q feet b~IQw' , -: ...., '-..:' .. .. - - .,' ," -.. . ~. -. ..' .". ," -"'.. "," -.' .' .. - - ~ .. ,"" . -.. -. .. '. -. ' ,- -.. .." - .. . - :. -".. ., ground inw.hicl1,a sigriifis~t.arnoUnto!Jiltr~~jo~occms~~tl1r~ly.:Jbis' sys~em:is lised ,by, o9t~rwater.,. purveyors in,the Pacifiq Northwest and is. a succes~fully pz:oven. methosf of e~tracting w~ter' for mUnicipal use. The City also, chlorin'atesthe water as ~t js pump.ed itl~o:the di~tr.ibution system:" Und~r ~e applica!)le reglllations, some additionaitreatriientrequrr~~~ntswillhave:tope:iIIlplemeIited~der the SWTR as a' , . resu~(of this classific~tioIi. Th~ sC9pe: of th7sei~d~i.tidmii .treatiD.e~tmeaSUJ:"e.~'has;yet to, be,4i~teimwed. . '. . The City' will'be taking, ~teps toen~~e' thatJt. com~li~s, \yi~'ilie~e~ci~iii()~artr~tni~~t ;requirell1.~nts ',ari<i .... will continue to keepth~poriunqirityli1fd1llled aJ>ci,ut iliisisSu~;In~~Ipearitime~ it)nust b~emphlisiied,'" that there has been no degradati<m ()f.~~terqualityas airesUltof th~'?"'Yl:~las~ifi.(;~tioh!'~d: the City will co~tinue to provide highqualitydrinking\Yf1terfo,r boihitSres~den,tial'and:co~ercial cUs~im~ers. : , GLENN A.CUTLER . ' . 'DIRECTOR OF PUBLIGWORKS, & UTILITIES cc: .' , City Man~ger .' Contact: Phyllis ~asler,360-417-4800 , N:\PWKS\W A TER\CORR\PSAGWI_A.WPD "r;. , EAST FIFTH STREET- P. O. BOX 1150..''PORT ANGELES, WA98362-02'17 ' ". -,' :" "."<'. '",'--" '.-'. " ..' ",", -,--'--." . .",." .' - . . PHONE:360-417~4805 -FAX:36'O~417-4~42-TTY.: 360~417-4645 E-MAIL: PUB.wO~Ks@CI.~6RT-ANGEL.ES:WA:US' . . MEMO FIRE DEPARTMENT Daniel K. McKeen Fire Chief [4651 ] Coral Wheeler Administrative Assistant [4650] . L. Keith Bogues Training Officer [4652] David R. Chastain Medical Officer [4665] . ~ORTANGELE~ WAS H I N G TON, U. S. A. DATE: April 24, 2000 TO: Mayor Larry Doyle and the City Council Dan McKeen, Fire Chief 0...... I - Dave Chastain, Medical Officer FROM: BY: RE: Preventative Maintenance Agreement for Cardiac Monitor/ Defibrillators SUMMARY: The preventative maintenance and testing agreement for the Fire Department's cardiac monitor/defibrillators has expired. This necessitates establishing a new agreement to ensure continued proper operation of these important medical instruments. RECOMMENDATION: Authorize the Fire chief to sign the attached maintenance and service agreement. BACKGROUND: Cardiac monitor/defibrillators allow paramedics the ability to detect and treat many serious cardiac emergencies while transporting patients to the hospitaL Life saving medical instruments such as these often require periodic service and calibration to maintain accuracy and proper operation. The manufacturer] recommends performance inspections and testing periodically performed by a qualified technician. In 1993, the Fire Department contracted with a biomed engineering service to perform quarterly preventative maintenance and testing. Our latest contract has expired. The Fire Department currently uses four cardiac monitor/defibrillators in its delivery of emergency medical services. The proposed service agreement will continue to cover all scheduled maintenance and testing for these four units. The proposed fee of $674 associated with this agreement is budgeted. The Fire Department has reviewed this agreement with General Electric Clinical Services, Inc., and found it satisfactory. DC/cw Attachment I Physio Control Corporation 3 . TSS SERVICE AGREEMENT GE Clinical service.. Additional terms of Agreement appear on reverse side A GE Medical Systems Company 5301 Virginia Way, Suite 400 Brenhvood,TN 37027 CUSTOMER: Tax Exempt / Federal ID./SS#: 000-00-0000 INSTITUTION: Port Angeles Fire Department PRESENTATION DATE: March 24, 2000 ADDRESS: 102 E. 5tb Street PROPOSAL/CONTRACT #: CITY:Port Angeles ATTN: Dan McKeen 360-457-4653 STATE: WA ZIP: 98362 SALES REPRESENTATIVE: David Ross TERMS OF AGREEMENT We or our service supplier(s) will provide the services specified on the covered equipment listed on Schedule A (attached), in accordance with the terms of this Agreement. The level of service coverage and the hours of service provided, per unit, are listed under Service Status Codes on Schedule A. Covered equipment listed for Scheduled Maintenance only will receive planned maintenance and safety testing at the frequency designated by the Service Status Code. Units designated for full service coverage will receive Scheduled Maintenance and remedial service (unscheduled maintenance) as required, during the service hours designated by the Service Status Code. Our normal coverage hours are 8:00a.m. to 5:00 p.m., Monday through Friday, excluding our scheduled holidays. Upon request and subject to the availability of personnel, we will provide after hours service for covered equipment not covered for 24 hour seven day service. This after hours service will be billed separately at our then prevailing labor rates. Replacement parts, as required are provided as indicated by th~ Service Status Code, per unit, on a new, exchange (refurbished), or functionally equivalent used part basis~ Replacement parts become our property and will be promptly removed by us from the site. The initial term of this Agreement starts on March 15, 2000 and lasts for 12 month(s). This agreement will automatically renew for subsequent term(s) at the completion of the initial term, unless canceled by either party by giving the other written notice of not less than sixty (60) days prior to the end of any term. The charge for the services during the initial term will be as specified below. The fee will be subject to price increase not exceed 3% at the beginning of each term after the initial term. All charges will be billed on a quarterly basis and will be due on the first day of each Agreement quarter. This offer is valid for thirty (30) days from the presentation date listed above, provided that you sign below within that thirty (30) day period and this offer will become a binding contract between you and us after we have reviewed and signed the contract below. The initial annual contract fee for the equipment and service levels listed on Schedule A will be $674. CUSTOMER: GE Clinical Services, Inc. By: By: (Authorized Signature) (Authorized Signature) Name: Name: Title: Title: Date: Date: P.O. Required? (circle one) YES NO P.O.# . GE Confidential 4ev Date:03/24/00 ~~~{}~r,'~> i<"5~:~ "';?fdV::,r{';Cj" ;:i(~-:~*!~i~~~~~1:~$'; Record Retention and Access: If Section 1861 (v) (1) (I) of the Social Security Act applies to this Agreement, subsections (I) and (ii) of that are made a part of this Agreement. In such an event, we agree to retain and make available and to insert the requisite clause in each applicable subcontract requiring our .bcontractor to retain and make available, the contract(s), document(s), andrecord(s) the person(s), upon the request(s), and for the period(s) of time as required by these bsections Exclusions: Service will not include the following: (a) any service for equipment or components not specified on Schedule A of this Agreement, (b) any service or downtime caused by: (I) a design, specification or instruction provided by you or your representative;(ii) the failure of anyone other than us or our service supplier(s) to comply with our written instructions or recommendations(iii) your combining the covered equipment with any incompatible items; (iv) any alteration or improper storage, handling, use or maintenance of any part of the covered equipment by anyone other than us or our service supplier(s); (v) your failure to acquire or install upgrades, or take other actions, which we may recommend so that GE Equipment properly functions using dates after December 31, 1999; (vi) any item of covered equipment or of others failing to properly function using dates after December 31, 1999; (vii) design or manufacturing defects; (viii) anything external to the covered equipment, (ix) anything beyond our reasonable control; (c) accessories, supply items and consumables, or glassware, laser tubes, transducers unless specifically included on Schedule A of this Agreement; (d) expendables, disposables, consumables, chassis, escutcheons, electrodes, probes, crystals, fiber optic bundles, paddles, patient cables, cassettes, magazines, batteries, styli, filters, software, droppage, power failure, centrifuge armatures, fusses, lights, lamps, laser dye packs and dye (e) refrigeration, compressors the cost offactory reconditioning when, in our opinion, it is necessary to have the covered equipment or any component of the covered equipment rebuilt at the factory (f) service required under a manufacturer's warranty or with respect to equipment or software upgrades, overhauls, calibration of anesthesia vaporizers, installations, certification surveys or covered equipment relocations; and (g) your failure to operate the covered equipment in a safe, proper, lawful manner. Our responsibility for repair cost (labor and parts) per item of covered equipment per occasion shall be limited to 50%,' of the item of the covered equipment's then current value. Subcontracts and Assigmnents: We may subcontract to service supplier(s) (any individual or firm appointed by us to render service under this Agreement in fulfillment of our service ooligations to you) of our choice any of our service ~Iigations to you. No such subcontract will release us from those obligations to you, d we will review our choice(s) of service supplier(s) with you prior to finalizing gements. Any assignment of this Agreement will be void without the other party's prior written consent. Independent Contractor; Solicitation of Our Employees: We are an independent contractor of yours. Our employees are under our exclusive direction and control. Our representatives' and service suppliers' employees are under their exclusive direction and control. Your' employees are under your exclusive direction and control. Nothing in this Agreement will be construed to designate you, us, any of your or our employees, representatives, our service supplier(s) or any of their employees as the employees, agents, joint venturers or partners of the other(s). For the duration of this Agreement, and for 90 days after the expiration or termination of this Agreement, you agree that you and your controlled affiliates will not directly or indirectly solicit any employees of ours or our subsidiaries who are engaged in providing services to you or your affiliates under this Agreement. In the event of a breach of this provision, you agree to pay us a sum equal to twelve (12) months pay for each solicited employee at the rate we or our subsidiary paid the person during his or her last full month of employment with us. End of Maintenance Support Announcement: In the event we, or any manufacturer of covered equipment, make a future general commercial announcement that we or they will no longer offer service contracts for an item of covered equipment or a component of the covered equipment, then upon no less than 12 months prior written notice to you, we may remove at our option any such item(s) of covered equipment or covered equipment components from service coverage under this Agreement, with an appropriate adjustment of charges hereunder, without otherwise affecting this Agreement. Taxes: You will not be obligated to pay any federal, state or local tax imposed upon or measured by our net income. Any other applicable tax will be invoiced to and payable by you, along with our charges, unless we receive a tax exemption certificate from you which is acceptable to the taxing authorities. Manuals: We will obtain any necessary operating and maintenance manuals for the service of the covered equipment; however, you will pay the cost of such manuals. Service manuals purchased by you shall remain your property. . GE Confidential Rev Date:03/24/00 :\- >:" Warranty Disclaimer: In view of the detailed nature of our contractual obligations to you, there are no warranties provided under this Agreement. All service and all items to support service under this Agreement are provided AS IS UNDER THE TERMS OF THIS AGREEMENT. NO IMPLIED OR EXPRESS w't\~NP' OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE'APPLlES TO ANYTHING PROVIDED BY US OR OUR SERVICE SUPPLlER(S). Limitations of Remedies and Damages: THE TOTAL LIABILITY OF US, OUR REPRESENTATIVES, AND SERVICE SUPPLlER(S) TO YOU AND YOUR EXCLUSIVE REMEDY RELATING TO THIS AGREEMENT AND THE SERVICE TO BE PROVIDED UNDER IT IS LIMITED TO THE CHARGE FOR THE SERVICE WHICH IS THE BASIS FOR THE CLAIM. You agree that we, our representatives, and service supplier(s) have no liability to you for (1) any punitive, incidental, or consequential damages such as lost profit or revenue, (2) any assistance not required under this Agreement, or (3) anything occurring after the end of this Agreement. You will be barred from any remedy unless you give us prompt written notice of the problem complained of. This is a commercial service transaction. Any claim related to this Agreement will be covered solely by commercial legal principles. WE, OUR REPRESENTATIVES, AND SERVICE SUPPLIER(S) WILL NOT HAVE ANY NEGUGENCE OR OTHER TORT LIABILITY TO YOU AND YOU WILL NOT HAVE ANY NEGLIGENCE OR TORT LIABILITY TO US OR OUR REPRESENTATIVES ARISING FROM THIS AGREEMENT. This limitation does not affect claims by third parties for personal injury due to our, our representatives' or your negligence or product liability. Excusable Delays: Neither we nor you are liable for delays in performance due to a cause beyond our or your reasonable control. Default: Your breach under this Agreement will, at our sole option, if the breach is not cured within 30 days after written notice of the breach, constitute a default of this Agreement. In such an event, we may at our option (1) withhold perfonnance under this Agreement until a reasonable time after all defaults have been cured, (2) declare all sums, due and to become due, to be immediately due and payable under this Agreement and/or (3) do anything else which the law permits. Equipment Removal: We may remove an item of covered equipment from this Agreement upon written notice to you that in our reasonable opinion, that the equipment can no longer be effectively or safely maintained or repaired: Survival, Waiver, Severability, and Choice of Law: All of our rights, privileges, and remedies with respect to this Agreement will continue in full force and effect after the end of this Agreement. Our failure to enforce any provision of this Agreement is not a waiver of that provision or of our right to later enforce each and every provision. If any part of this Agreement is found to be invalid, the remaining part will be effective. The law of the state where the service is provided will govern any dispute between us. Agency Authorization: You hereby designate GE Clinical Services, Inc. as your duly authorized agent to act on your behalf to conduct the following business matters: I) Negotiate and enter into service agreements for the covered equipment. 2) Obtain service support, parts, parts pricing, technical information (including manuals, software, etc.), service histories, and time and material cost for the covered equipment. 3) Obtain or develop and negotiate and enter into training agreement for the covered equipment. This agency authorization is effective consistent with the contract dates of this agreement. Existing Service Arrangements: If you have continuing service arrangements with other vendors for service on any item of covered equipment, the terms and conditions of those arrangements are not altered in any way by this Agreement and we are nol assuming any obligations under those arrangements. The terms and conditions of this Agreement do not apply to any equipment covered by such arrangements until the expiration or legally pennissible and proper termination of such arrangements. In as much as you have chosen us as a service provider of yours as provided herein, and have asked us to include such equipment under this Agreement, you agree to evaluate and pursue all reasonable avenues for expeditious, legally permissible and proper termination of any such service arrangements. Entire Agreement: This Agreement is intended to be the complete and eltClusive statement of the terms of the contract between you and us. No prior proposal, statements, course of dealing or usage of the trade will be part of the Agreement. This Agreement may be entered into and modified only by a writing signed by our and your duly authorized representatives. You and we have caused this Agreement to be executed by duly authorized representatives as of the date below their signatures. 2 5 0) . Schedule A GE Clinical Services, Inc. A GE Medical Systems Company 5301 Virginia Way, Suite 400 Brentwood, Tennessee 37027 TSS SERVICE AGREEMENT Port Angeles Fire Department Item Equipment Serial Site Address Service Coverage # Description Manufacturer Model Number (If different rrom above) (See Statu. Cod.. Below) 1 Defibrillator/Monitor Physio Control L..PIO 00030094 IJ>AFD IPM/Quarterly ') Defibrillator/Monitor Physio Control L..PIO 0000 I 007 iPAFD IlM/Quarterly 3 Defibrillator/Monitor iPhysio Control L..Pll 372&154 iPAFD PM/Quarterly 4 Defibrillator/Monitor iPhysio Control LPll 5918&3496 iPAFD PM/Quarterly SERVICE STATUS CODES: CoveraKC P = Planned Maintenance R = Unscheduled Maintenance (Repair Service) Frequency of PM's 0,1,2,3,4> Hours N=8toS 24X7 Parts P = Parts Included NP = Parts not Included SAMPLE Ii I: 1'/21N1N1' = I'lanned maintenance 2 times annually during nonnal hours and no parts covetage". . Parts may be purchased separately put are not included within the contract price SAMI'LE II 2: 1'1R/4/1' = Repair covctage during nonnal hours, 4 annual PM's and parts covetage. GE confide.' Date:03/241 . . Rev . ~. 8 , t ~ ! ~ , ~ ~ ~ORTAN~i.~S WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: May 2, 2000 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities .~v SUBJECT: Public Works Trust Fund (PWTF) Loan Agreements for Reconstruction of Eighth Street and the Covering of Three Water Supply Reservoirs Summary: The City has received PWTF loans for the reconstruction of 8th Street and the covering of three water supply reservoirs in the City. In the original loan applications, approved by Council, the specific authority for the Mayor to execute the final agreements in the final adjusted amounts was not included. Recommendation: Authorize the Mayor to execute the PWTF loan agreements in the amount $1,932,000 for 8th Street Reconstruction and $1,168,300 for the design and construction of the Jones, Black Diamond, and Peabody water supply reservoir covers. . Background / Analysis: Public Works has recently received two PWTF approvals (shown in italics) for Year 2000 capital projects. The table below lists these loans and grants along with earlier awarded supporting grants and loans related to these projects. PROJECT DESCRIPTION AMOUNT TYPE &TERMS 8th Street Reconstruction Construction $1,932,000 PWTF, 1%, 20 Years Project 99-08 (Original:$1,800,000) Reservoir Covers Design & $1,168,300 PWTF, 1%,20 Years Project 98-06 Construction (Original: $966,500) 8TH Street Reconstruction Design $ 275,000 PWTF, 3%, 20 Years Project 99-08 Reservoir Covers Design & $ 463,500 SRF, 5%, 20 years Project 98-06 Construction (PWTF Loan Match) . Specific authorization for the Mayor to execute the PWTF loan agreements in the final adjusted loan amounts was not included in earlier Council action. Council authorization is now being requested for the Mayor to execute the two PWTF agreements in the final adjusted amounts (shown in italics) in the above table. N:\PWKS\ADMIN\FUNDlNG\2000RCY 1.WPD 7 . . . 8 . . . CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: CEREMONIAL MA TTERS/ PROCLAMATIONS: Earth Day Proclamation WORK SESSION: Clallam County Comprehensive Solid Waste Management Plan CITY COUNCIL MEETING Port Angeles, Washington April 18, 2000 Mayor Doyle called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, and Williams. Members Absent: Councilmembers McKeown and Wiggins. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, G. Cutler, D. McKeen, Y. Ziomkowski, D. Miller, S. McLain, G. Kenworthy, D. Ridout, and T. Smith. J. Carlio, L. Lee, B. Philpott, A. Bentley. Public Present: The Pledge of Allegiance to the Flag was led by Mayor Doyle. There was a moment of silence for City employee Dave Wilcox. Earth Day Proclamation: Mayor Doyle read a proclamation declaring Earth Day to be April 22, 2000. Dale Miller accepted the proclamation and distributed recycling information to the Council. Clal/am County Solid Waste Management Plan: Mayor Doyle reviewed the information provided by the Department of Public Works & Utilities. Public Works & Utilities Director Cutler indicated the presentation this evening was intended to provide a briefmg of the Plan and answer any questions the Council may have. The Council will be asked to adopt the plan at its next meeting, after which the Plan will be submitted to the State for approval. Director Cutler then introduced Mr. Rick Hlavka of Green Solutions to present the Clallam County Comprehensive Solid Waste Management Plan (CSWMP). With the use of Power Point, Mr. Hlavka referenced the current Solid Waste Management Plan which was adopted on January 19, 1993. An update to the plan became necessary by virtue of upcoming anticipated changes, and the Solid Waste Advisory Committee began the process to update the Plan and to address the future solid waste activities in the County. Because the Port Angeles Landfill will be closing in 2006 and because it is expected that waste will have to be exported, there were many elements of the Plan which had to be considered. Mr. Hlavka reviewed the participants in the Solid Waste Advisory Committee and summarized the changes expected to happen in the future. He delineated the elements of the Solid Waste Management Plan, as well as the Plan recommendations, to include such areas as waste prevention, recycling, composting, collection, transfer, incineration, landfilling, waste import/export, regulation/administration, and special wastes. The adoption process for the Plan involves review by the public and the Department of Ecology, approval by local governments, fmal approval by Ecology, and finally, the Plan implementation. Mr. Hlavka asked of Council if there were any questions, and Councilmember Erickson inquired about reserve capacity at the Landfill in case of emergency. Mr. Hlavka indicated this possibility had been considered, but because of the great expense that would be involved, it was not further pursued. It was noted that the Blue Mountain transfer station could be used in the event of an early Port Angeles landfill closure. Councilman Campbell introduced the subject of fmancing for the new system, and Mr. - I - 9 CITY COUNCIL MEETING April 18, 2000 WORK SESSION: (Cont'd) Clallam County Comprehensive Solid Waste Management Plan (Cont'd) Capital Facilities Plan Break LATE ITEMS TO BE PLACED ON TIDS OR FUTURE AGENDA: FINANCE: Solid Waste Containers Bid Award 10 Hlavka summarized the different options, to include the formation of a collection or disposal district. He indicated it might be the better option to create a disposal system or district which would have taxing authority. Formation of such a district would have to be approved by a majority of the voters. Discussion followed, and Mayor Doyle asked for further information on the details of plan administration. Councilmen Hulett asked . if the County would have authority to regulate the transfer station operation, and Mr. Hlavka noted the County would issue a permit for the station. Director Cutler stressed the importance of recycling, as efforts proceed toward closure of the Landfill. In that regard, one of the fIrst steps taken has been the conversion to smaller trash containers. Director Cutler asked that any additional questions be directed to him before the next Council meeting. Director Cutler reviewed the information contained in the packet on the matter of the Capital Facilities Plan. He noted several changes made to the document, explaining the document in detail and the signiftcance of each column. The Capital Facilities Plan will be adopted once a year. Manager Quinn emphasized how important the CFP can be in terms of contract management. He reviewed the fact that $1,000,000 had been set aside in the 1999 budget process and an additional $650,000 in the 2000 budget process, and it was agreed that the combined amounts could be used for capital projects to benefIt the community. The task now is to consider the $1,650,000 and allocate it to some capital projects. The current reserves are almost $3,000,000. Manager Quinn indicated that the goal of this evening's discussion was to address the General Government projects. Adoption of the Plan can take place at the next Council meeting. Director Cutler referenced the spreadsheet in the CFP and advised the Council that staff is recommending 13 projects for endorsement. He proceeded to review the specifIc details pertinent to each project, clarifying the total costs and funding options, as well as the associated time frames. He clarifIed that many projects not included in the 13 prioritized will still be accomplished during the year. Manager Quinn requested that Director Cutler address those projects that would be fInished or at least started during this calendar year. Director Cutler included project numbers 1, 2, 3,4, 8, and 10 in that category . Discussion, questions and answers followed, and Mayor Doyle felt this review had been . a worthwhile start. The Council posed questions relative to specifIc projects, and Councilman Williarns.referenced the hillside behind the Lee Hotel which he felt could be a source for parking in the downtown area. He suggested staff consider this for further exploration. Also, Councilman Hulett mentioned the possibility of an observation area at the top of the Laurel Street stairs, and Director Cutler indicated this would likely be part of architectural and engineering design as relates to the overall project. Director Cutler made closing comments, asking that Council direct any inquiries or questions to him. Mayor Doyle recessed the meeting for a break at 6:50 p.m. The meeting reconvened at 7:10p.m. . None J. Award Bidfor 90-Gallon Solid Waste Containers: Mayor Doyle reviewed the information provided by Public Works & Utilities regarding the purchase of 90-gallon solid waste containers. Director Cutler was pleased with the bid spread, noting the low bidder came in under budget. Mayor Doyle noted the City would need 4,000 containers over a three-year period, so the bid of $61,615 is for the fIrst phase of 1,400 containers. Councilman Campbell inquired as to whether additional containers should be purchased in view of the fact the bids came in lower than anticipated. Deputy Director Ridout indicated the bid is good for the entire year, and it is possible that Public Works could purchase additional containers up to the $75,000 budget fIgure. Councilman Campbell moved to authorize the Director of Public Works & Utilities to purchase the 90-gallon trash containers from North American Crane & Equipment. Councilman Williams seconded the motion, which carried . unanimously. - 2 - "I" Street Substation Bid Award . Peabody Heights Water Main Improvements Final Acceptance Electrical Distribution Design Bid Award CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: . Presentation on Proposed Hotel and Conference Center . ,j,j~J?lIlI'I\;;';f;i\\$if~~~:tl;[a'1~~~~f'.. , CITY COUNCH.. MEETING April 18, 2000 2. X-,:{ ;;'">r' ~:i:;/ "I" Streettu station Bid Award: ':;~~""~"'ff" Mayor Doyle reviewed the information provided by Public Works & Utilities and, after limited clisf~sion, CouncilmeD1be~ Erickson moved to award the contact to Triaxis Engineering. .CouncilmanHUlett:seconded the motion, which carried unanimously. 3. Final Acceptancefor Peabody Heights Water Main Improvements: Mayor Doyle reviewed the information provided by Public Works & Utilities. Councilmember Hulett moved to accept the project as presented. Councilman Campbell seconded the motion, which carried unanimously. 4. Electrical Distribution Design Bid Award: Mayor Doyle reviewed the information provided by Public Works & Utilities. Director Cutler advised the Council that projects had been bundled together because the work was similar, and the intent was to reduce the overall design costs. Councilman Campbell moved to accept the recommendation as presented to award the design contract to Triaxis Engineering. Councilman Hulett seconded the motion, which carried unanimously. Councilman Williams moved to accept the Consent Agenda, to include: 1) special Council meeting minutes of March 23, 2000, and regular Council meeting minutes of April 4, 2000; and 2) Check Register - April 12, 2000 - $1,023,247.11. Councilmember Erickson seconded the motion. All Council members voted in support of the motion, with the exception of Councilman Hulett, who abstained from voting on the minutes of March 23,2000, due to his absence from that meeting. Because abstentions are counted as affirmative votes, the motion carried unanimously. Mayor Doyle introduced Jim Haguewood, who was in attendance to give a presentation on a proposed hotel and convention center. Jim Haguewood, 705 Christman Place, Vice Chair of the Downtown Forward Executive Committee and a member of the Lodging Tax Advisory Committee, indicated his proposal involved the Oak Street property and a downtown convention/civic center. He noted some community goals have envisioned a civic center of approximately 10,QPO square feet, a significant size development for the Oak Street property, as well as an iiicrease in lodging tax revenue. He discussed the idea of a performing arts center in a downtown location and the creation of a competitive product to offer tourists, conventioneers, and prospective business owners. Mr. Haguewood's proposal centered around three different elements: 1) a hotel for the Oak Street property; 2) a conference center in the Tidelands West block, which would be City- owned and operated and would offer the possibility of expansion; and 3) the Red Lionwould be asked to make a fInancial investment in the construction of the conference center. He stated many positive impacts would be derived from building a conference center which has a waterfront to make it unique and valuable. Secondly, by building a new hotel on the Oak Street property, lodging tax revenues would be increased. The goal would be to create a fIrst-class facility. He noted that Red Lion typically budgets $200,000 a year for marketing to bring people to the hotel, and a new hotel would likely invest a similar amount. Mr. Haguewood summarized a number of supportive motions that were passed by the Downtown Forward Executive Committee and the Lodging Tax Advisory Committee, most notably that $100,000 oflodging tax revenues per year, plus whatever increase in lodging tax revenues is generated by the new facility, be dedicated to a conference center. It has been determined that $100,000 would equate to $1 million in debt service. He urged the City to take a proactive marketing approach to attract prospective hotel owners. He noted a key point to his proposal was that there be a linkage between the convention center and the new hotel rooms to ensure the success of the investment in a convention center. Councilman Campbell inquired of Mr. Haguewood as to the presently low occupancy rate in Port Angeles hotels. Mr. Haguewood responded that the occupancy rate is 60% because there isn't a competitive product such as a convention center. Discussion ensued, and Councilmember Erickson felt this proposal was far more interesting than the proposal submitted by the Promus Corporation. She agreed there was a need to create a facility that involves the water and is unique and of high quality. Councilman Hulett asked whether the Red Lion had been approached on the rqatter of making a fInancial investment, and Mr. Haguewood responded that he had met with the General Manager and stressed the importance of Red Lion involvement. - 3 - 11 CITY COUNCIL MEETING April 18, 2000 CITY COUNCIL COMMITTEE REPORTS: (Cont'd) Presentation on Proposed Hotel and Conference Center (Cont'd) CITY COUNCIL COMMITTEE REPORTS: (Cont'd) Salary Increase for mEW Ordinance No. 3050 12 Consideration was giVen to the relationship of the Vem Burton Center to the proposal, particularly as relates tq the use of lodging tax revenues. The opinion was expressed that the Vem Burton Center has met its intended purpose but, if the City wants to become competitive, the Center can't possibly attract conventioneers. Councilman Williams referenced letters received by the City, wherein concern is . expressed with the proposal to use lodging tax revenues for this purpose. The use of these funds would reduce the amount of lodging tax revenues currently dedicated to marketing. Councilman Williams was c'oncerned that the City wouldn't be honoring a previous commitment made and, in that regard, he asked for further information and clarification from staff. Councilman Campbell noted there has been an ongoing effort to find the best way to put heads in beds and, to that end, the City has invested $150,000 per year for a three-year period in the area of marketing. While the City has committed those funds, at some point in time, it is important to look at the gains from this expenditure in the form of heads in beds. If, however, there has been no gain, then it would make sense to look at other ways for the use of the funds. Ed Hansen, Executive Director of the Chamber of Commerce, was asked if he would like to comment the letter he sent to the Council. Mr. Hansen, 121 E. Railroad, recalled various ways in which previous lodging tax funds were used. When he and Rick Hert met with everyone in the industry on the matter of a 2% increase in lodging taxes, they talked about the funds being dedicated to marketing only. Mr. Hansen noted that, in 1992, the City had its best year in terms ofhoteVmotel occupancy. This was prior to the construction of the Portside Inn and the Best Western Olympic Lodge. He felt that more hotel rooms do not necessarily equate to more people. Mayor Doyle thanked Mr. Haguewood for the presentation. Councilman Campbell reported that the state is phasing out land clearing/burning by the end of this year, and restricted burning requirements will be instituted. There will be limited outdoor burning restricted to 7 days per year. He attended the Washington Research Council Presentation sponsored by The Port Angeles Business Association and found it enlightening and useful for background information. Councilman Campbell advised the Council that the reconstituted Rayonier Task Force . met and heard from the Department of Ecology regarding the plan for the Rayonier site cleanup. The three steps that DOE will follow includes remedial investigation about site contamination which may involve sampling and soil testing; a feasibility review describing cleanup limits; and a cleanup action plan which defmes standards by which the site will be cleaned up. There will be public involvement and comment, and clean up could take approximately four years. Councilman Hulett interviewed four potential companies about replacement of Wendt Advertising. Mayor Doyle, Councilmen Wiggins and Campbell attended the Teen Scene dinner to kick off their fund-raising drive for this year, and Mayor Doyle was impressed with their efforts. Mayor Doyle and his wife attended four events at The Olympic Jazz Festival which were enjoyable. There is a Tandem Bike Rally scheduled in July which should be well attended. Ordinances Not Requiring Public Hearings Salary increase for IBEW for 2000 Mayor Doyle reviewed the information provided by the Human Resources Department and read the Ordinance by title, entitled ORDINANCE NO. 3050 AN ORDINANCE of the City of Port Angeles, Washington establishing a pay plan for the employees represented by mEW Local #997 for the period of April I , 2000 through March 31, 200 I, and providing for the payment thereof. . Councilman Hulett moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion, which carried unanimously. -4- . . . Approval of Labor Contract with AFSCME #1619 Daishowa Transmission Lines Maintenance and Operation Agreement Contribution to Electric Utility Rural Economic Development Revolving Fund for 2000 Renewal of High School Resource Officer Program Assistant PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: INFORMATION: "'~~}l}~.:'Ft~~}\ CrIY COUNCD...MEETING April 18, 2000 ". " Resolutions Not R~qg,lr;ing Public Hearings None. Other Considerations 1. Approval of labor contract with AFSCME #1619 Mayor Doyle reviewed information from Bob Coons regarding the labor contract between the City and AFSCME Local #1619. Councilman Campbell moved to approve the agreement. Councilman Hulett seconded the motion, which carried unanimously. 2. Daishowa Transmission Lines Maintenance and Operation Agreement Mayor Doyle reviewed the information provided by the Department of Public Works regarding the Maintenance and Operation Agreements for Daishowa Transmission Lines. Power Manager McLain directed the Council's attention to Section 9.3 of the agreement, having to do with insurance required under the agreement. Attorney Knutson indicated the City would have to name Daishowa as an additional insured with the City's insurance. However, the City's insurance and insurance pool, WCIA, does not provide that type of coverage for other parties to City contracts. He noted that Daishowa has no objection to having that particular clause applicable only to the PUD, so the words "responsible party" will be changed to "District". After further limited discussion, Councilman Campbell moved to authorize The Director of Public Works & Utilities to sign the Maintenance and Operation Agreements 404 and 405 for transmission lines No.1 and No.2. Councilman Hulett seconded the motion, which carried unanimously. 3. Contribution to Electric Utility Rural Economic Development Revolving Fund for 2000 Mayor Doyle reviewed the information from Public Works & Utilities, and Councilman Hulett moved to follow the recolI!J.Dendations of staff as presented. Councilmember Erickson seconded the motion, which carried unanimously. 4. Renewal of High School Resource Officer Program Agreement Councilmember Erickson moved to approve the renewal of the High School Resource Office Program Agreement. Councilman Campbell seconded the motion. Mayor Doyle noted the Police Department hopes to be able to renew the grant for this year. Currently there is a combination of contracts between the grant and the School District, and the Mayor asked if the City would be responsible for the expense if the grant funds are not forthcoming. Manager Quinn responded that a decision would have to be made relative to the continuation of the program should the grant funding not be approved. It was noted that the officer is very busy and has a worthwhile presence at the High School. None. None. City Manager's Report: Manager Quinn reported that Dave Sawyer, Senior Planner, has resigned and taken the position of Planning Manager for The City of Sammamish. He was wished well in his new position. With regard to the letters Council received on the 2% hotel/motel tax, Manager Quinn indicated the City has always honored its commitments. As a course of action, the City must remain somewhat flexible with the changing environment, while keeping its goals and focus. Brief discussion was held on the status of fiber optics being brought to the Peninsula. Also, Public Works & Utilities Director Cutler provided brief information about recycling .biosolids to hay and pasture land in the County. He added that Jeff Young has - 5 - 13 14 CITY COUNCIL . MEETING April 18, 2000 INFORMATION: (Cont'd) made a positive contribution to our efforts. Peter Ripley offered kudos to an officer in the Police Department who recently assisted Peter when his wheelchair failed. . . ADJOURN TO EXECUTIVE SESSION: ADJOURNMENT: None. The meeting was adjourned at 9:20 p.m. Larry Doyle, Mayor Becky J. Upton, City Clerk . . - 6 - . . DATE: To: FROM: Subject: ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO May 2, 2000 MAYOR DOYLE AND CITY COUNCIL Glenn A. Cutler, Director of Public Works & Utilities ~v Clallam County Comprehensive Solid Waste Management Plan (CCCSWMP) Summary: Rick Hlavka, Green Solutiops Consultant to the Solid Waste Advisory Committee (SW AC), gave a presentation to the City Council on April 18, 2000 concerning the Clallam County Comprehensive Solid Waste Management Plan. The Public Works staff has not received any questions or comments from Council members since the meeting. Recommendation: Adopt the ClaUam County Solid Waste Management Plan by Resolution. Background! Analysis: The CCCSWMP addresses the solid waste management plan forClallam County. The plan was prepared through a team effort comprised of representatives from the City of Port Angeles, Clallam County, City of Forks, Department of Ecology, City ofSequim, Makah Tribe, Olympic National Park, Murrey Disposal, Waste Management, West Waste and the SWAC (Orville Campbell is the City of Port Angeles' representative). The previous CCCSWMP was adopted by the City Council in 1993. SW AC members represent not only the interest of their representative agencies and businesses but the public interest as well. The CCCSWMP was developed in response to the Solid Waste Management Act which states: "Each county within the State, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan" . (RCW 70.95.080). The CCCSWMP was presented to the UAC on April 10, 2000 and the City Council on April 18, 2000. The UAC recommended the City Council; 1) review the plan, and 2) adopt the plan at the May 2, 2000 Council meeting. The 2 weeks following the presentation to City Council members allowed them an opportunity to consider the Executive Summary in detail and formulate an opinion. The City Attorney has reviewed the resolution. . Attach: Resolution N:\PWKS\SW ASTE\CC-SWCP2.WPD 15 ,< "'. 16 " '~;:)!JF)/{,T'~" >'!";",C:'> ~: . ~5';',1 RESOLUTION NO. . A RESOLUTION of the City Council of the City of Port A.pgeles, Washington, adopting the Clallam County Comprehensive Solid Waste Management Plan. WHEREAS, the Clallam County Comprehensive Solid Waste Management Plan, which was presented to the City Council on , contains elements that are important to the City's solid waste management programs and updates the 1993 Solid Waste Management Plan; and WHEREAS, the Clallam County Comprehensive Solid Waste Management Plan was and WHEREAS, throughout the process of developing this plan, public input was sought in numerous ways and the involvement of the Clallam County Solid Waste Advisory Committee (SW AC) was an important part of the plan development; NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Port Angeles as follows: The City Council hereby adopts the Clallam County Comprehensive Solid Waste Management Plan which is attached hereto as Exhibit A. PASSED by the City Council of the City of Port Angeles at a regular meeting of said . -1- . . . .- Council held on the _ day of ATTEST: Becky 1. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney A;lR2000.02.wpd April 25. 2000 (8; 15AM) ,2000. -2- MAYOR 17 . . . 18 . .. ~ORTANGELES WAS H I N G TON, U.S. A. CITY COUNCIL MEMO DATE: May 2, 2000 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director Public Works and Utilities ~...v SUBJECT: Allocation of General Government Fund Res,erves for Capital Facility Projects Summary: The City Council was briefed at your regular meeting on April 18, 2000 co~cerning the prioritization and allocation of $1,650,000 in general revenue reserves for capital facility projects for fiscal years 2000 and beyond. Attached is a resolution authorizing an additional $650,000 from the general fund reserves bringing the total to $1,650,000 and adopting the additional projects with their respective priorities 'and general funding allocations. Recommendation: Adopt the attached resolution which prioritizes and allocates general fund reserves for capital facility projects in the amount of $1,650,000. . Background I Analysis: The City Council adopted the 2000 budget without prioritizing and allocating $1,650,000 from the General Governmental reserves for the Capital Facility Plan Projects. The Fiscal Year 2000 Budget includes some general fund projects already identified. At the April 18, 2000 Council meeting the Public Works and Utilities Director and City Engineer presented a list of projects for consideration during the work session. No changes to the list were directed after the presentation. The list does not include' projects that are associated with the utility (electric, water, wastewater and solid waste) programs. The list was developed with input from the City Manager and City Department Heads and Special Assistants. A work session was held on March 23, 2000 with Mayor Doyle, Councilman Campbell, Councilwoman Erickson, the City Manager, the Parks and Recreation Director, the City Engineer and myself. The group recommends approving the list and allocating funds. The general approach for project prioritization was 1) projects that have non-City funds associated with the project (leveraging funds of others), 2) projects with a potential of securing non-City funds for accomplishment, 3) projects that will avoid future higher costs if accomplished and 4) others. The resolution (enclosed) authorizes a total of$I,650,000 of general fund reserves to be utilized for the specified projects (enclosed). It is. anticipated that those funds will be obligated over the next three years. . The project list (unchanged) is from the City Council meeting of April 18, 2000. The City Attorney has reviewed the resolution. . Attachments: Resolution with project list N:\GLENN\CfPB.WPD 19 ~ I RESOLUTION NO. . A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating a portion of the General Fund balance for certain capital projects. WHEREAS, the City Council has set certain goals and objectives; and WHEREAS, those goals include certain major capital projects; and WHEREAS, it is in the community's interest to improve and enhance the City's infrastructure; and WHEREAS, it is the City's policy, as set forth in the Capital Facilities Plan, to fund certain capital projects from general fund reserves; WHEREAS, the City Council passed Resolution No. 8-98 to set aside $1 million of the General Fund balance for the purpose of funding general purpose capital projects. WHEREAS, the City Council passed Ordinance No. 3040, adopting the budget for the fiscal year ending December 31, 2000, and setting the GovernmentaCCapital Projects appropriations at $1,650,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Port . Angeles hereby designates that the $1,650,000 of the General Fund balance for the specific purpose of funding general purpose capital projects as identified in the attached list of capital projects attached hereto as Exhibit A. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 2nd day of May, 2000. .. ATTEST: Larry Doyle, Mayor Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney A:\R2000.03.wpd . 20 . . . 2000 GOVERNMENTAL FUND PROJECTS REVISED TOTAL CITY INCLUDED IN PRIORITY CFP PROJECT PROJECT 2000 - 2002 OPERATING FUNDING PRIORITY # COST COST BUDGET SOURCE 1 TR61-99 8th Street Reconstruction 3,000,000 90,000 50,000 GF/PWTF 2 TR40-99 Lauridsen Blvd/Airport Road Realignment 1,850,000 90,000 o GF / T.1.8. / TEA-21 3 GG12-99 Laurel St. Slide Repair 200,000 200,000 o GF / Streets 4 PK99-00 Francis Street Improvement 300,000 50,000 o GF / Parks & Rec. / TEA-21 5 GG13-99 Downtown Convention Center 2,000,000 40,000 o GF / Private 6 GG64-00 Gateway Parking 2,000,000 90,000 o GF / Private / Pkg Rev 7 GG65-00 Fiber Optics 4,000,000 240,000 o GF / Public Works Elec Utility 8 GG66-00 Marketing Del Guzzi 50,000 40,000 o GF / Econ. Dev. 9 GG02-99 Renovate Carnegie Library 1,300,000 200,000 o GF Private 10 DR54-99 Crown Park Storm Overflow 100,000 100,000 o GF / Public Works 11 PK15-99 Pool Enhancements 1,000,000 225,000 o GF / Parks & Rec. / Bond / Other 12 DR04-99 Lincoln Street Storm Drain 500,000 100,000 o GF / PWTF ,} 13 TR42-99 Lauridsen Blvd Bridge Widening 1,850,000 185,000 o GF / T.1.8. " .... * GF = General Fund N ~ EXHIBIT "A" 1..-- . . . 22 . . . DATE: To: FROM: SUBJECT: FORTANGELES WAS H I N G TON, U.S. A. CITY COUNCIL MEMO May 2, 2000 MAYOR DOYLE AND CITY COUNCIL Becky J. Upton, City Clerk/Management Assistant ~ Change in City Council Meeting Dates Summary: Two upcoming City Council meeting dates need to be changed - the June 20 meeting and the July 4 meeting. Recommendation: It is recommended that the June 20 City Council meeting be held on Monday, June 19, 2000, at 6:00 p.m., and that the July 4 City Council meeting be held on Wednesday, July 5, 2000, at 6:00 p.m. Back2round I Analysis: On Tuesday, June 20, 2000, the City Manager and some members of the City Council will be traveling to Spokane, W A, to attend the A WC 2000 Annual Conference. It is suggested that the regular meeting of the City Council be rescheduled to Monday, June 19, 2000, at 6:00 p.m. In addition, the first regular City Council meeting in July falls on the 4th of July holiday. It is suggested that the regular meeting of the City Council be moved to Wednesday, July 5, 2000, at 6:00 p.m. It would be helpful to change these meeting dates now, so that staff can be prepared for the change in dates and the media can be properly notified. 23 . . . 24 . FORTANGELES WAS H I N G TON, U. s. A. CITY COUNCIL MEMO CITY MANAGER'S REPORT May 2, 2000 I CITY MEETING SCHEDULE ....,........,.................-..........-.........................---.....-...--..-........................... ....................................................................,.......-...-........... .-.-....................................................:.................:.,.,.:.....--.-.-.. i,AiPlil}:f:U....... .. ...............".............. I DATE .............................. .....-.................. .............................. .............................. ................................. .,......;.'.'....-...,................. .,.,......;.......................... .-......................... ...............,......,.,............ ..,.....,.............................. ............................. Annual Benefit Dump Day for the Food Bank Mike on KONP Tuesday, May 2 1:00 p.m. City Council Meeting Tuesday, May 2 6:00 p.m. North Olympic Peninsula Cities Association Meeting Wednesday, May 3 6:00 p.m. Gateway Committee Meeting Thursday, May 4 8:15 a.m. . Lodging Tax Advisory Committee Meeting Friday, May 5 2:00 p.m. Utility Advisory Committee Meeting Monday, May 8 3:00 p.m. Law Enforcement Advisory Committee Meeting Wednesday, May 10 6:30 p.m. Planning Commission Meeting Wednesday, May 10 7:00 p.m. City Council Meeting Tuesday, May 16 6:00 p.m. Parks, Rec, Beautification Commission Meeting Thursday, May 18 7:00 p.m. Coast Guard Change of Command Ceremony Friday, May 19 10:00 a.m. Planning Commission Meeting Wednesday, May 25 7:00 p.m. Gateway Committee Meeting Board of Adjustment Meeting City Council Meeting City Council Meeting (date changed from June 20) A WC 2000 Annual Conference - Spokane Thursday, June 1 8: 15 a.m. Monday, June 5 7:00 p.m. Tuesday, June 6 6:00 p.m. Monday, June 19 6:00 p.m. June 21-23 Out of Office . Fourth of July Holiday City Council Meeting (holiday changed date) G:\CNCLPKliCTYMGR\CMREPT\2000\MA Y2.WPD Tuesday, July 4 Wednesday, July 5 CLOSED 6:00 p.m. 25 o ~ ~ ~. l~ORTANGELES WAS H I N G TON, U. S. A. . OFFICE OF THE CITY MANAGER Date: To: From: Subject: April 27, 2000 Mayor Doyle and City Council Mike Quinn, City Manager '-?tG-- Informational Report Work Schedule: To keep the Council informed on the general activities beyond basic administrative duties in which I have been involved the last two weeks, the following highlights are included for your information: Legislative Contacts: None Staff Tour: (1) Fire Department tour and staff meeting; (2) tour of City parks facilities and visit with the field crews; (3) tour of Police facilities and meet with swing shift officers and communications personnel. Community Contacts: (1) KONP monthly interview on City issues including solid waste management plan and the capital facilities plan; (2) Initial meeting with the Rayonier Economic Response Task Force to deal with support for the cleanup efforts; (3) Open House visit and tour to Laurel Park assisted living facility. Major Items: (1) Continued staff review of property management issues now,that Administration has temporarily assumed these duties, specifically with disposition issues regarding the old City Hall lease and the use of the Carnegie Library building; (2) Meeting with Hurricane Ridge Winter Sports Foundation regarding a mutual project issue for future consideration; (3) Work on the fiber optics project; (4) Review objectives for the Leadership Academy and the Customer Commitment Process; (5) PIa committee meeting to review the upcoming Newsletter issue. . Additional Staff Information Reports: These items are general interest information, monthly reports and Minutes for your use. I have no further comments at this time and will refer to staff for any additional detail needed for your inquiries as necessary. Issue regarding the additional 2% Hotel/Motel Tax: At the last Council meeting Ed Hansen of the Chamber of Commerce raised concerns about the City's commitment to utilizing lodging tax revenue for a long-term marketing program. Our City Clerk, Becky Upton, has compiled a comprehensive list of prior meeting minutes from the Lodging Tax Advisory Committee and the City Council, which has been placed in your Council boxes. This information should assist the Council in determining the true intent for the initiation of this tax. In reviewing the minutes, it appears to staffthat while there was much discussion regarding funding allocation, the final decision was to direct only the majority ofthe funds to a marketing program, and . in fact, the marketing RFP established performance standards that could impact future funding levels. 26 . FORTANGELES WASHINGTON CITY COUNCIL MEMO U. S. A. DATE: May 2, 2000 TO: Michael Quinn, City Manager FROM: Dale A. Miller, Recycling Coordinator .~v-0 1999 Recycling Report SUBJECT: The recycling report for the City of Port Angeles is divided into three sections, Landfill Recycling, Curbside Collection, and the Recycling Coordinator's Observations. The program experienced an 11 % increase in materials recycled. In 1999 the programs recycled 7,310.39 tons, an increase of 693.23 tons over the 1998 figures. LANDFILL RECYCLING: Recycling at the Landfill site increased by 14% in 1999 over the 1998 figures. The Landfill Recycling Station saw increases in all categories. The following table compares the tonnage between 1998 and 1999. . MATERIALS JAN-DEC 1998 JAN-DEC 1999 % CHANGE Tin, Aluminum, Glass 172.20 tons 210.74 tons 23% Mixed Paper 149.47 tons 182.21 tons 22% Cardboard 79.22 tons 109.86 tons 39% Yard Debris 3036.70 tons 3279.53 tons 8% Biosolids non recycled non recycled Tires non recycled non recycled Metal 405.5 tons 575.00 tons 42% Oil 26.45 tons 28.63 tons 9% Antifreeze 2.52 tons 2.68 tons 7% Batteries( auto) 8.05 tons 17.07 tons 113% Freon not available .03 tons CURBSIDE RECYCLING: Curbside recycling in 1999 had a down turn in the number of set outs. There were 115,121 set outs in 1999 compared to 120,106 set outs in 1998. On a positive note there was a 7% percent increase in materials collected. In 1998, 876.41 tons were collected compared to 933.7 tons in 1999. The average weight per set out in 1998 was 14.6 pounds compared to 16.22 pounds in 1999. . Yard waste set outs were down by 21 % in 1999. However, the amount collected remained approximately the same with 999.59 tons in 1998 and 992.63 tons in 1999. The average weight per set out in 1998 was 71.81 pounds as compared to 85.72 pounds in 1999. The commercial cardboard collections saw a modest 14% increase in 1999. The table below compares 1998 and 1999 curbside totals. 2 7 1999 Recycling Report May 2, 2000 Units JAN - DEC 1998 JAN- DEC 1999 % CHANGE Set outs 120,106 units 115,121 units (5%) Recycle Tons 876.41 tons 933.07 tons 7% Yard Debris Set outs 27,843 23,161 , (21%) Yard debris tons 999.59 tons 992.63 tons (1%) Cardboard Collections 861.05 tons 978.97 tons 14% Participation Ave. 38%/week 35%/week (3%) Yard Debris Participation 9.6%/week 7%/week (2.6%) . Recycling tonnage increased by 11 % in 1999 for all City recycling programs. Total Tons Recycled by 6617.16 tons 7310.39 tons 11% City RECYCLING COORDINATORS OBSERVATIONS: The City of Port Angeles has in place an excellent recycling program. This does not mean, however, that enhancements are not needed. Waste Management removed all the wooden cardboard storage sheds from the downtown area. These sheds were replaced with six yard metal containers. The outcome of this conversion was the prevention of arson of the wooden sheds. The metal containers will contain fire and increase the efficiency of the recycling driver moving down the alley. The new containers are emptied by a front-load truck. There is no longer a need for hand collection of materials. This . change also eliminated transients from sleeping in the containers and reduced the amount of litter in the alleys. A 25 yard drop box was added for corrugated cardboard to the recycling station at the Landfill. The recycling station now has three drop boxes in place for recycling needs. Participation Rates: Participation rates only give a figure as to how many residents set out recycling at least once a month. The recycling driver makes a house count each day. This count illustrates the number of homes with bins setting out. It is difficult to obtain an actual number of residents using the recycling program, unless we track each household and how often they place their containers out for collection. The same is true for the participation rate for yard debris collection. The next question naturally is, how do we increase the participation and materials collected figures? The current method of solid waste collection in residential neighborhoods does not provide an incentive for recycling. The 300 gallon containers provide unlimited dumping space. In June 2000 the Solid Waste Division will begin removing the 300 gallon containers from residential areas and replacing them with individual 90 gallon containers. This conversion will occur over three years with completion scheduled for 2002. After the first year, the recycling program should see an increase in recycling. Solid Waste staff predicts a ten percent increase in all areas of the curbside recycling program. With limited space in a container and collection being once a week the residents will be challenged to use their container wisely and conservatively. Yard Waste Collections: Once again the removal of the 300 gallon containers from neighborhoods should enhance an increase in yard waste collection. A program to eliminate plastic bags from the collection process is needed. The removal of plastic is necessary if the City is to make Class A compost for off site use. A proposal will be completed and submitted to the Utility Advisory Committee this Spring. The total tons of materials recycled through all of the City's programs was 7310.39 tons. This equates to saving 48 days . of landfill space. By following through with a conversion plan and continuing the public education program we can enhance our recycling program. N:28W ASTE\RECY _ UPD.WPD . . . DATE: To: FROM: SUBJECT: ',1t\~>i'\~.~1i~lf~;c.'r;'i;1i!~\:';t:>, y ,'''i:'fi '~\\f;i'-Yl\f-!f~I~,1:~~,",';~~~~~ . ' . ;:.i:"~:~~<t~~: FORTANdBLES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO May 2, 2000 MAYOR DOYLE AND CITY COUNCIL Becky J. Upton, City Clerk/Management Assistant Limitation on City Council Terms of Office to Two Consecutive Four-Year Terms At the March 21,2000, City Council meeting, I was asked to conduct research into the self-imposed limitation on City Council terms of office to two consecutive four-year terms. The term limit was imposed in December, 1985, and the chronological information is set forth below: June 18, 1985 - July 2, 1985 - July 16, 1985 - July 17, 1985 - August 6, 1985 - Councilman Rex Gerberding read into the City Council record a statement in support of limiting Council terms of office. A motion was passed to have an ordinance drawn up to be considered for discussion purposes at the July 2, 1985, Council meeting. (Exhibit A) The City Attorney was no~ present at the meeting; the discussion was rescheduled to the July 16, 1985, Council meeting. (Exhibit B) A motion was passed that the matter of limiting Councilmanic terms be placed on the general election as an advisory ballot in three parts: (A) Whether the terms should be limited; (B) Whether they should be limited to two consecuti've four-year terms; (C) Whether they should be limited to three consecutive four-year terms. (Exhibit C) Article from The Daily News, dated July 17, 1985. (Exhibit D) The City Council passed Resolution No. 21-85, providing for the submission to the qualified electors of the City at the November 5, 1985, election of an advisory proposition as to whether terms of City Councilmembers should be limited to two or three consecutive terms or should be unlimited. (Exhibit E) November 6, 1985 - Article from The Daily News, dated November 6, 1985, reporting on the outcome of the election wherein the voters called for a limit of two consecutive terms for City Councilmembers. (Exhibit F) December 17, 1985 - The City Council adopted Ordinance No. 2368, limiting Councilmen to serving two consecutive four-year terms.. (Exhibit G) 29 30 Mayor Doyle and City Council May 2, 2000 Page Two I contacted the Municipal Research & Services Center and was informed there are five (5) other cities in Washington that currently have term limits, as follows: City Edgewood Kent Milton Spokane Tacoma Term Limit 2 consecutive 4-year terms 3 consecutive 4-year terms 2 consecutive 4-year terms 2 consecutive 4-year terms 10 year limit - terms are 4 years each, and the additional 2 years were factored in for those individuals appointed to fill unexpired terms Should you wish to have additional information provided for your consideration, please contact me as I would be happy to search further. Attachments ."'l"":' . I:'f~ . . . t>," , . j;" . ~".: L . . ";:"',:~~' Exhibit A Excerpt from City Council minutes of June 18, 1985 . 14. Discussion of Limiting Terms of Office Councilman Gerberding read" into the record the following: June 17, 1985 ISSUE: SHOULD CITY OF PORT ANGELES COUNCILMEN BE LIMITED TO TWO OR THREE CONSECUTIVE ELECTED TERMS OF OFFICE? I believe that the City of Port Angeles would be best served by limiting councilmanic terms of office to two consecutiv~ elected four year terms. There are several benefits to this proposal. First: There would be more positive campaigning. Persons with more positive perspectives would be apt to run for office. As it is the most likely campaign against a two term councilman would be highly negative. Second: More persons would become involved in local government, both in campaigning and in holding elected and appointed positions. Third: There would be less political decision making and electioneering in the final months of a term of office. There would be more analytical analysis in the best interest 9f the City of Port Angeles. Following are several excerpts from the RCWls which give the council authority to make such a decision. I hope that a full council can review an ordinance that would allow such limitations and after due deliberation vote on the matter at the July 2, 1985 meeting. . Rex W. Gerberding Councilman Quast supported hav~ng an ordinance drawn up to be considered for discussion purposes by the Council July 2nd. Councilman Gerberding then so moved. Councilman Quast seconded. Councilman Gerberding clarified this would be for discussion; that there would be no commitment whatsoever. Councilman Stamon agreed this was a topic that needed to be discussed but was concerned that the July 2nd Agenda was beginning to become too full. Councilman Haguewood spoke in opposition to the motion. Councilman Quast supported limiting the terms to 12 years. Councilman Quast felt the timing for discussion of the subject might be inappropriate and difficult on July 2nd, as the City Attorney would not be available for that meeting. He requested postponing this discussion until the July 16, 1985, City Council meeting. Councilman Gerberding concurred. Following further discussion, on call for the question the motion carried, with Councilmen Gerberding, Stamon and Quast voting "Aye", Councilman Haguewood voting "No", and Councilman Hordyk abstaining. 31 10.- - ,.....- O. ,..-, 32 Exhibit B ,.-..",-.,''''.'-''"''-,;~" Excerpt from City Council minut.es of July 2, 1985 . 9. Discussion of Limiting Terms of Office for City Council Members Councilman Stamon noted that she would abstain from participation in dis- cussion of this item. Manager Flodstrom noted that in light of Attorney Knutson's absence that this item was to have been rescheduled to have been placed on the agenda for the July 16~ meeting, rather than tonight' s meeting, and would be brought back at that time. A memorandum fram Coun- cilman Gerberding was distributed on limiting City Council terms for con- sideration and review prior to the July 16th discussion. --.- . . . . . . Exhibit C "''':'l.;~,~..(~:{;'. Excerpt from City Council minut!5 of July 16, 1985 8. Consideration of Proposal to Limit Terms of Office for city Council Positions ~ I I During the June 18, 1985, regular Council meeting, Councilman Gerberding read into the record a proposal to limit the Councilmanic terms of office to two consecutive elected four-year terms. It was agreed at that meeting to draft an ordinance for discussion purposes only and consider it at the July 16, 1985, meeting. At this meeting, Councilman Gerberding pointed out that even though there is merit to this proposal, it would not be the right time to act on it. He then moved that the matter of limiting Councilmanic terms to two consecu- tive four-year terms be placed on the general election as an advisory ballot. Councilman Schermer seconded the motion for discussion purposes. During the discussion which followed, Councilman Haguewood voiced his opposition to the proposal. He felt that such a limitation would dis- courage anyone running for the office. Councilman Schermer was also con- cerned about limiting the public's right to elect whom they want; however, he did understand Councilman Gerberding's position. Councilman Stamon pointed out that it takes several years for a person to "learn the ropes" on the Council, and suggested a limit of three consecutive terms instead of two. Councilman Hordyk also voiced his opposition to the proposal, pointing out that perhaps the State legislature should be responsible for such a change instead of the City. In response to a question from Councilman Hordyk, Councilman Gerberding suggested the following ballot title: "Shall the City of Port Angeles limit Councilmen to serving two consecutive four-year terms?" Attorney Knutson noted that it would be his responsibility td draft the ballot ti tIe. His draft would contain the same intent with slightly different wording. Manager Flodstrom then read into the record a letter from the Port Angeles Business Association stating their opposition to the proposal of limiting the terms of Councilmen. Following further discussion, Councilman Gerberding moved to amend his motion as follows: The matter of limiting Councilmanic terms be placed on the general election as an advisory ballot in three parts: (A) Whether the terms should be limited; (B) Whether they should be limited to two consecu- tive four-year terms; (C) Whether they should be limited to three consecu- tive four-year terms. The amendment to the motion was seconded by Council- man Schermer. Following ~ additional opposing comments from Councilman Haguewood, the motion was voted on as follows: Councilmen Gerberding, Stamon, Schermer, "Aye"; Councilmen Haguewood and Hordyk, "No". Tpe motion carried. 33 Exhibit D . ."\'.:'~,"j0-::: Excerpt from The Daily News - J~ 17, 1985 . iWEDNESIJA~ July 17, 1985 . Voters to advis.e City Council on. limiting terms 8J. SIDi:RlIJMN FAIIN!SI~ Bapewood. wbo earlier called II .. o.a, Newt GerIJerdiac'. temHImlt idea ''vindIc:- Pwt .... resIdeats wiD be.able to tift," aid bewvald pnfertbat Ibe iaIue call . '* tbtI fall ,. wbettler Ibey of f1naac:iDI-1IaI1dInI a new dIJ ball ..... ~Ot1'CoaDeil members to IboaId be vated III by the pubUc:. "All tw fit Cne ter.ma. ,'. ,,' tbIs DGIIIl!IIIle Mr. Gerberdlag II bring- C.;IIiICl:):mliIJ Ru Gef'bercllllg, iDe up II auperfIuoaa," Baguinrood said. dilldr,...dlC . ,~teI.v.g.lial Hapewood, a former mayor, con- ........... Cbat ...us haft impeeed a teDded IIIat baviaC the term issue on the lwNr.m limit., ubd tbe eoanc:il to put b8Uot would "doad the eIedton. . . '!be IIle a:JItIer befare tbe vutas. wboIe damecI tbIIlI is In tile impIic:atilll. .tier ~ GertlerdIng added I tbInk it's a Io1Isy way to run a IIle dIl1e at a bee L'ID Dmlt OIl con- democracy.. . It', jlllt u.eJlBpu.c:atiol\..!!....- ~ ClIlmdIIIIeIIIbenbIp. Hoi'cl1k suggested that since the CI)' AlibII:D!1 Q:atg KDutIon will LegIslature origlnaUJ Jet ~ and ~ IIIAk wbeCber fibe ~ vote qualiIic:ations, perhaps Ibe matter of a . w.m be pw.tat.tbeSeV- 17 primary elec:- term lImihbollld be dedded at the state . loDarpDce6..CiIle.&L~.geuenlelec:- level. ' . . fa bdat. 'DIe Jut ~ 'rOte .wu GerberdiDg sUI tbal wbIJe be sW1 Sept. .. -. wbI!II resideDtI" voted.i!J ue.ibe idea of the c:oundl ~. a' fnW at Medie 1 adnDeed Jifesupport term lIm1l. be was witbdrawtng tJie or- - IB'rice.. 'cI1DaIJc:e bec:aue. C:OllDCU' member . 'KeD SdleImer 8Dd Glt!lliUi' Stamoa Wema: QUast will alliiill" iiiId stiIDoo ... jcIbJed Ger_diQg ill fibeH votetbat bad said she would abstain,leaviDglbe c:aBed fGr pItliDg fibe matter before proIIablllt)' of . dlvl"'- M split bet. 1d!rL 'Ibe7 oul-ftbld Sam ~ ween bIIDIeJf 8Dd Sc:bermer'0lnIDe side' IDd JdII EIant1k. boC;b at ~. 9llIItI db, Baguftoodand Rordyk orr'1be 8'e uplur eIec:l:iIIl tis falL> , . other, fordog Mayor Qmc:k W!fden.tG- GetberdiD& _ter BDII01IDced be will cIedde tbe ,!aae. 'lbal would not lean: . DOt be . .-.fiotata Iur e1dCIl to ... eDOlIIb.time before . tile. e1~OD to eaad tenD, at least tis ,.... "J"l!IOlve 8DJ 1egal c:baUenp, GerberdIng .. ..:.. 1114. . -:-_ w b I C 11 w-n ) d hn e a ff e C! tt d Gerberding said be proposed i teIm BagDPDOd'. 1Dd, 8ardJlk'. possIbl. limit to. enco\ll'age Ntlj.~, ip.!ltory -- ~~ bill, ....-..4 Wib row; aemoc:raey. JDc:UIIIbeIlfiDiveJbe bUIlt- . tenD IDl!mba at fibe COlIIIdl. a1thoagb 1Dad9aDtage of II8IDe familiarity and, In oeRber bIft laid wheller by plu to a DlJIt1I8l'tbaD election, there la no nm agUL 1be _ period for' can- .poUUc:a1 put)" Qitem to eII8UI'e there .....1lIiIl be Ja1J 21 to Au&. z. wm be two c:aDdldates, be said. . . 34 . \i;;;..,.... . ~.-~- . -......-. '''.;..':'{.';'!~'''-'F.r Exhibit E ,,~(.~\ , J~i~ ,. .:(,~~~<;~~~~;~j~~;~:: ;i\~~::;-S-\'- Excerpt from City Council minut~s .of A~rast 6, 1985 . 7. Resolution Passed Placing Advisory Proposition on Limiting City Council Terms on November Ballot Mayor Whidden read the Resolution by title, entitled RESOLUTION NO. 21-85 A RESOLUTION of the City of Port Angeles, Washington, providing for the submission to the qualified electors of the City at the November 5, 1985, election of an advisory proposition as to whether terms of City Councilmembers should be limited to two or three consecutive terms or should be unlimited. Councilman Schermer moved to pass the Resolution as read by title. Coun- cilman Gerberding seconded. Councilman Hordyk asked the City Attorney if this had been reviewed wi ththe Secretary. of State' s Office . Attorney Knutson confirmed that it had. Councilman Hordyk felt the wording was misleading. Following discussion at length, the Council concurred to revise the wording to be placed on the advisory proposition as repommended by Attorney Knutson. Councilman Schermer accepted the new wording in his motion. Councilman Gerberding concurred. On call for the question, the motion carried. . 35 Exhibit F Excerpt fr~m The Daily News - ~ovember 6, 1985 .,,;;~~ . ~- ,..;;;A~..... C1'Lc....... condld~ F...k night at the Ciol.... County .J,::'::" w...r. . McPhee and Georve Mattaon compare'not.. all the ballots were counted, McPhee ....the halfway through a cIoN vote count Tunday winner. . 0 . .- ~_. .-- _.._...._---_.-.~.-- iv;oters want eGuncilte~ ,linlit ." " ~ AII(IIJII __J.", CIDed ,.. . limit or two CIlD- BIgunood'aDeclIt ". diftJ, dirtJ Irlc:k." Be..1IId till, _ ~ tile 'WV'WUllIIIIIIWDWG"CICIIIlI me eJeCaall" ..., CGIIICII "'med~'lWII1"'tunlIDCcd.ro. IDIIDberwboblcl~", .~ . term. ft!terID. .JoIIl1JarcIP. ~,; ~'.,' AI It tIImiil oat, JIIiuewooddec:ldichllittoftlD.pa.- bat B Ibe CGIIIdlI~ tIII...1ImIt. It.. beUIind IIa& be ..., bne bleD d&t* abaat tile "'I eIIed." sudilal bJ ~ ~ waaJd be tile ....... ..autIr;. III . '~I '- tg.poUtiCll......... AI Bella 'l'IIeiIIQ. . WaI[biDpID wIIh 1lICb. .......tIIe ........ ~ ., 'DIJ CGaDdl .... C!IIl .. dtJ atbnIJ CDI8 tiIDIt to' . ~I ftte all caaDCIl.... appieInd ~ 'lie ~. prepii,#e leIIIJatillD ~pI--If. .. PubJIc'I ~.~ twa ...~ Ibe tint bIb!I _......... ~aDd tbe "W-_..o,Ald. cbuter farm or ....~..... pI'GVIdiDI DmltIll . tInIiI. . .' ,,' .;.!;;"('Ift~~tima,.IpareIbeIMhllarJ. . 'lbI ftIe WII ~ perea III fpar ~~~~ Ii-. ,-for ..':'~',. ~Wlla vIDdlcaUlD~GerbeIdIDI-"".- . apIII& ,or IIIII,JU wW _..,...- .. UIW .~~ ..-.". . I11III1 termI ClIIIId be ...... two....... ~; "'." c.~.,,;.i(1 mem1W Wemer Quat SlId be...., eqJedI(I till _1.I1I.-ar_U_~~ ~_~_~'lIJ- ~~,"~~~' ~1lIllIf::::',=ClDeauDeI1=bat_'~'" WU .._'" ... 'C' .,' f." "Be~w . ut .1D-J1me"':~ o-t-,Ra-GaW&.ct-~1ImIt CID COUDCIl td1:DI. -;- ..' - : '11 .N-___.be~ DIl&"--' far e1ettIaDJoi ~ ~.~ ilIA hiI--' term, u1d tbat"be pIIIlIIIIllJ' . term. GttIles_1ater ~~~ bII sns-l1llinw'aI ID , ~.1!IIt ~.IUCII UmltI. ~ appraprIIte. at tile, DIU. . ICtfIIaI7 ftte. . -' ..' JmJ; III ka1 pYA......d, till jiieapIe caD obIene u.perfaI'- " . 'lbItmn limit'" ~-' fOlIMInDlDembenBarcl:Jt IDIDCI! aI CGUDdl ~M. mlvote .~i: ." . ad SlID ~Wbo It tbIt _ bid DGt._~ 'DIemtaeOfWh.II"'tL~lIId,li_JiliUiIiJI.""i . .......u.,~ tnraa apID.-aDdnowaa1dbne.beeiD ~ COIIDdl maber from takIai a oOup1e or yean fill to fIured ~.'~ bid lbe.cDid. ..,..vwvd ueItief. .._rrdlatIe'bII.~ .. JDfqIes. aDd IbID nm far aIlce", . _diDl'. ariIIDIl.pIaD.- .. . . ~tDned aod rej1mDated." 38 . . Excerpt from City Council minut!5 of December 17,1985 6. Ordinance Adopted Limiting Terms of Councilmembers to Two Terms Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2368 AN ORDINANCE of the City Council of the City of Port Angeles limiting Councilmen to serving two consecutive four-year terms. . Councilman Quast moved to adopt the ordinance as read by title, with the full understanding that this' may have to be challenged in the courts. Councilman Gerberding seconded. Councilman Quast assured that he would not challenge this Ordinance upon expiration of his term. He stated that in the meantime, two legislative sessions would be held at which requests could be made to make these changes in the Non-Code provisions of the RCW. Councilman Quast felt that even if the Ordinance was not upheld in the State legislature, it should be a policy of the Council, as this was the desire of majority of the voters. On call for the question, the motion carried, with Councilman Hordyk voting "No". ~~t,'i'; Councilman Quast then moved to instruct staff to contact the representa- tives to introduce legislation to make it possible for Non-Code cities to have enabling legislation permitting them to limit terms of office for Councilmembers. Councilman Schermer seconded. The motion carried, with Councilman Hordyk voting "No". . . 39 ORDINANCE NO. !).. ?J(.~ C/) AN ORDINANCE of the City Council of the City of Port'Anqeles limitinq Councilmen to servinq two consecutive four-year terms. WHEREAS, at the November 5, 1985, election, the electorate of the City of Port Angeles approved a proposition limitinq Councilmen to serving two consecutive four-year terms; and WHEREAS, the City Council has determined that such a limitation on Council terms is in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. No person shall be alloweq to serve on the City Council for more than two (2) consecutive four-year terms; provided that this prohibition shall not disqualify any person now servinq on the City Council from completinq the term of office that he or she has been elected to serve as of the effective date of this ordinance. Section 2 Effective Date. This Ordinance shall ~ake effect as provided by law. PASSED by the City Council of the City of Port Anqeles at a regular meetinq of said Council held on the 17th day of December, 1985. . 1 L' " :\. ('lk~~U y. l\~' , ~c.L,(.,- MAY 0 R ATTEST: ~1. t:L ~~ " Mer i A. Lannoye, Cit~Clerk PUBLISHED: ~~~ .~q 1'T'3.) / 40 . . . Apr- 1 9 - 00 os: 33 Port of p~'\;'(!ii:J;:!i'~'W6"liii. 360 417 3445 P.oi"~ . "- '.. Hurricane Ridge Winter Sports Education Foundation PMB 218, 136 E. 8th Port Angeles, WA 98362 TO: Becky Upton rn~&n\'ll~OO FROM: Curtis Shuck APR f 9 2(DJ DATE: 4-19-2000 CITY OF PORT ANGELES CITY CLERK RE: 2000 Snow Bus Statistics CC: Steve Oliver MEMORANDUM . Becky, A big thanks to the City Council and City Manager Mike Quinn for the City's financial support of the Hurricane Ridge Snow Bus. We certainly would not be able to offer this affordable service to Port Angeles youth without the assistance from the City. The 2000 season at Hurricane Ridge was a great success. The weather was kind to us this year allowing for a near record of 36 operational days. The Winter Sports Club sold the second highest amount of ski passes in the Club's history. The Ski School was full near to capacity and the Ski Team saw some great results at competitions both at home and away. The Snow Bus was a critical element to this year's success. The Snow Bus operated 21 days and carried some 310 visitors. During Ski School is when we saw the greatest use of the Snow Bus. Next year we are considering adding a second trip of the Snow Bus to allow for afternoon lessons and visitors that may wish to spend only part of the day at the Ridge. This may be an activity that can be offered through the Port Angeles Senior Center. Thank you again for the support, we are lOOking forWard to another great season in 2001. . 41 . . . 42 !<-~ ".l';;;~' , PORT ANGELES CHAMBER OF COMMERCE 121 East Railroad Port Angeles, WA 98362 " (360) 452-2363 April 18,2000 Becky Upton, City Clerk City of Port Angeles P.O. Box 1050 Port Angeles, WA 98362 Dear Becky: Now that the year 2000 contract has been signed by both parties, we would like to request reimbursement for January and February 2000. . the month of February is $3,421.00, this indicated on our financial statements We will be giving you a report on inquires from advertising and our door count of visitors within the next week or two. If your have any questions please give me a call. Erl Hansen Executive Director . FAX # 360-457-5380 · www.cityofpa.com · E-mail: pangeles@olypen.com REPRESENTING THE LARGEST GROUP OF BUSINESSES ON THE PENINSULA 43 ,--------- ---- " . ,-,,~:<.:;.,:-"" L;>:;:;I,._" PORT ANGELES CHAMBER OF ctIIERCE STATEMENT OF OPERATING FUNDS For Period Ended JlIIUlry 31, ZOOO ACTUAL . ACTUAL 2000 BUDGET 2000 ACTUAL 1999 INCREASE (DECREASE) CURRENT YEAR CURRENT YEAR CURRENT YEAR MONTH TO-DATE MONTH TO-DATE MONTH TO-DATE REVENUES MEMBERSHIP DUES S 11,050 S 11,050 S 11 ,345 S 11,345 S 5,105 S 5,105 COUNTER SALES 162 162 335 335 427 421 N . W. WOOD SHOWCASE 64 64 64 64 ANNUAL BANQUET 1,150 1,150 (1,150) (1,150) INTEREST EARNED 11 11 243 243 (172) (172) DONATIONS 46 46 50 50 (4) (4) MISCELLANEOUS 115 115 55 55 120 120 INTERNET ADVERTISING ---1Q2 100 --'1Q!!) ~) TOTAL REVENUES 18,167 18,161 13,278 13,278 4,890 4,890 EXPENDITURES MATERIALS-COUNTER SALES (46) (46) 726 726 (m) (m) MATERIALS-SHOWCASE (10) (10) (10) (10) SALARY - MANAGER 3,765 3,165 3,165 3,165 SALARY - SECRETARIAL m m 136 136 37 37 PENSION EXPENSE (SIMPLE 151 157 151 157 FICA TAX 406 406 401 401 6 6 LESS VC ALLOCATION (59) (59) (56) (56) (3) (3) JOR MEDICAL INSURANCE 661 667 530 530 131 131 . ~cDICAL INS.-OFFICE MGR 135 135 135 135 BANK CHARGES 201 207 69 69 138 138 OFFICE SUPPLIES 240 240 246 246 (7) . (7) AUTO ALLOWANCE 300 300 300 300 DUES & SUBSCRIPTIONS 225 225 (225) (225) OFFICE RENT 336 336 341 341 (5) (5) POSTAGE 144 144 144 144 EQUIPMENT RENTAL 41 41 47 47 TELEPHONE 65 65 63 63 2 2 REPAIR & MAINTENANCE 5 5 11 11 (6) (6) MANAGER TRAVEL EXPENSES 32 32 19 19 (47) (47) SECRETARY'S EXPENSE 40 40 104 104 (65) (65) ACCOUNTING SERVICES 315 315 350 350 25 25 ANNUAL BANQUET 1,802 1,802 (1,802) (1,802) GUEST SPEAKER MEALS 30 30 (30) (30) COMMUNITY DEVELOPMENT 65 65 32 32 32 32 INTERNET EXPENSE 525 525 525 525 MISCELLANEOUS EXPENSE ~ 225 -ill 127 ~ ~ TOTAL EXPENDITURES 8.392 8.392 10.085 10.085 (1.692) (1.692> EXCESS (DEFICIENCY) S 9.715 S 9.715 S 3.193 S 3.193 S 6.582 S 6.582 .' 44 See Accountants' Compilation Report. '~:~~'B';i:t: ;,;~ c~~(, " ."....'..>...~',;., : ;'i'.I. c.,.i;:;~i;'~"* ......."-!::';-', PORT ANGELESt.~~ER OF COIfERCE STATEMENT OF 'VISITOR CENTER FUNDS For Period Ended January 31. 2000 . ACTUAL 2000 CURRENT YEAR MONTH TO-DATE BUDGET 2000 ACTUAL 1999 CURRENT YEAR MONTH TO-DATE ACTUAL INCREASE (DECREASE) CURRENT YEAR MONTH TO-DATE REVENUES CITY AllOCATION S B.302 S B.302 S (B.302) S (B.302) EXPENDITURES BROCHURES & ADVERTISING 655 655 (655) (655) VIe MEDICAL INSURANCE 135 135 135 135 VIe WAGES 773 773 736 736 37 37 VIe RENT 1.00B 1.008 1.022 1.022 (14) (14) VIe REPAIR & MAINT_ 15 15 33 33 '(1B) (1B) VIe OFFICE SUPPLIES 719 719 739 739 (21) (21) VIe EQUIPMENT RENTAL 141 141 141 141 VIe POSTAGE 431 431 431 431 VIe TELEPHONE 195 195 190 190 5 5 vie PAYROLL TAXES --22 59 ~ 56 ----1 ----1 TOTAL EXPENDITURES 3.476 3.476 3.sn 3.sn -ill) -ill) . ';S(DEFICIENCy) S (3.476) S (3.476) S 4.730 S 4.730 S (8.205) S (8.205) . See Accountants' Compilation Report. 45 --- ------.-- .......'"..,.,y~, . ..,~,.:.:- PORT ANGELES CHAMBER Of aMERCE STATEMENT Of OPERATING fUNDS for Period Ended February 29, 2000 ACTUAL . ACTUAL 2000 BUDGET 2000 ACTUAL 1999 INCREASE (DECREASE) CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR MONTH TO-DATE TOTAL MONTH TO-DATE MONTH TO-DATE TRANSFER FROM RESERVES S 17,429 REVENUES MEMBERSHIP DUES S 7,914 S 24,964 S 64,000 S 7,738 S 19,083 S 176 S 5,881 COUNTER SALES 300 1,061 22,000 562 896 (262) 165 BUILDING RENTAL 2,004 N.W. WOOO SHOWCASE 7 71 3,000 69 69 (62) 2 ANNUAL BANQUET 1,325 1,325 1,325 100 1,250 1,225 75 CHAMBER FUND" RAISERS 799 799 25 , 660 799 799 FUND RAISER-AUCTION 7,400 INTEREST EARNED 1,522 1,593 6,500 209 453 1,313 1,141 BROCHURE DISTRIBUTION 300 DONATIONS 288 334 2,300 87 137 201 197 MISCELLANEOUS 26 200 600 23 78 3 123 JULY 4TH INCOME 12,000 INTERNET ADVERTISING 3,000 100 200 (100) (200) NEWSLETTER INSERTS & AD ~ 65 100 ~ ~ TOTAL REVENUES 12,245 30,412 150,189 8,888 22,166 3,357 8,247 EXPENDITURES . CHECKS-PAYEE UNKNOWN 353 353 353 353 MATERIALS-COUNTER SALES 413 367 13,200 581 1,307 (168) (940) MATERIALS-SHOWCASE (333) (343) 2,250 (333) (343) RECRUITING/TRANSITION E 15,000 DIRECTOR SALARY OVERLAP 4,000 SALARY - DIRECTOR 3,765 7,529 45,176 3,765 7,529 BONUS - DIRECTOR 1,624 1,624 (1,624) (1,624) SALARY - OFFICE MGR m 1,546 9,512 871 1,607 (99) (62) PENSION EXPENSE (SIMPLE 157 314 2,000 214 371 (57) (57) FICA TAX 406 812 546 946 (139) (134) STATE U/C EXPENSE 4,743 STATE INDUSTRIAL INS. (30) (30) 30 30 LESS VC ALLOCATION (59) (118) (67) (123) 8 5 MEOICAL INS.-OIRECTOR 667 1,334 8,004 364 894 303 440 MEDICAL INS.-OFFICE MGR 135 532 135 R.E_ & P.P. TAXES 13 13 20 19 19 (7) (7) LIABILITY & FIRE INS. 111 BANK CHARGES 56 264 500 26 95 30 168 OFFICE SUPPLIES 87 327 1,100 85 331 2 (5) OFFICE EQUIPMENT 500 AUTO ALLOWANCE 300 600 3,600 300 600 DUES & SUBSCRIPTIONS 40 40 750 225 40 (185 ) OFFICE RENT 337 673 4,000 337 678 (1 ) (5) POSTAGE 461 605 2,500 632 632 ( 171) (27) UTI LITlES 350 89 89 (89) (89) . EQUIPMENT RENTAL 91 138 650 62 109 29 29 r 46 See Accountants' Compilation Report. "','i-_< PClRT ANGELES ~R OF COMMERCE STATEMENT OF OPERATING FUNDS For Peri oct Ended February 29, 2000 . ACTUAL ACTUAL 2000 BUDGET 2000 ACTUAL 1999 INCREASE (DECREASE) CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR MONTH TO-DATE TOTAL MONTH TO-DATE MONTH TO-DATE TELEPHONE S 91 S 156 S 867 S 64 S 127 S 27 S 29 REPAIR & MAINTENANCE 8 13 200 5 16 3 (3) MANAGER TRAVEL EXPENSES 30 62 1,000 70 149 ,40) (87) OFFICE MGR'S EXPENSE 68 107 1,000 66 170 2 (63) ACCOUNTING SERVICES 375 750 4,500 375 725 25 ANNUAL BANQUET 1,632 1,632 1,553 1,802 1,632 (171) GUEST SPEAKER MEALS 238 238 500 60 90 179 149 COMMUNITY DEVELOPMENT 65 250 32 32 CONCERTS ON THE PIER 1,800 . JULY 4TH EVENT 500 JULY 4TH FIREWORKS 10,200 HOSPITALITY DIVISION 50 GOVERNMENT RELATIONS 500 TOURIST PROMOTION 2,000 INTERNET EXPENSE 150 675 1,800 150 675 FUND RAISER - EXP 18,900 FUND RAISER - AUCTION 2,000 MISCEllANEOUS EXPENSE 10 235 500 127 10 108 MEMBERSHIP DEVELOPMENT 1,000 4111JWSLETTER EXPENSE -ill) (35) ~ ~ TOTAL EXPENDITURES 10.128 18.520 167.618 10.023 20.107 ~ (1.587) EXCESS (DEFICIENCY) S 2.118 S 11.892 S (1. 135) S 2.058 S 3.252 S 9.834 . See Accountants' Compilation Report: 47 '.>>:.o,,:~~.,.,~~ PORT ANGELES CHAMBER OF aMERCE STATEMENT OF VISITOR CENTER FUNDS For- Per-ioc:l Ended Febr-uary 29, 2000 ACTUAL 2000 CURRENT YEAR MONTH TO-DATE BlIlGET 2000 YEAR TOTAL ACTUAL 1999 CURRENT YEAR MONTH TO-DATE ACTUAL INCREASE (DECREASE) CURRENT YEAR MONTH TO-DATE . REVENUES CITY ALLOCATION S 1,935 S 1,935 S 48,000 S 1,393 S 9,695 S 542 S <7,760) EXPEND ITURES BROCHURES & ADVERTISING 'fI 1,596 655 (655) VIC MEDICAL INSURANCE 135 532 135 VI C WAGES m 1,546 9,512 811 1,607 (99) (62) VIC RENT 1,010 2,018 12,156 1,012 2,034 (2) (16) VIC UTILITIES 1,006 261 261 (261) (261) VIC REPAIR & MAINT. 23 38 528 15 48 8 (10) VIC OFFICE SUPPLIES 261 980 3,410 254 994 1 (14) VIC EQUIPMENT RENTAL 273 414 1,941 186 326 88 88 VIC POSTAGE 150 1,181 1,500 150 150 431 VIC BUILDING INS. 334 VIC TELEPHONE 2n 461 2,600 191 381 81 86 VIC PAYROLL TAXES ~ 118 885 ~ 123 --'.!!) ~) TOTAL EXPENDITURES 3.421 6.891 48.000 3.613 7.185 ~) ~) . EXCESS (DEFICIENCY) S (1.486) S (4.962) S (2.220) S 2.510 S 734 S <7.471) . 48 See Accountants' Compilation Repor-t. . . . j\;;!~,:,;,,'1':,<:,\ ":j'~,,:i , 'li;X:;~_if'f(!{< " i,'iA0jt~t~: MINUTES PLANNING COMMISSION Port Angeles, Washiniton 98362 April 12, 2000 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Linda Nutter, Fred Norton, Fred Hewins, Bob King, Chuck Schramm, Mary Craver Members Absent: None Staff Present: Brad Collins, Sue Roberds, David Sawyer, Dan McKeen, Craig Knutson, Glenn Cutler, Greg Darling, Steve Ilk Public Present: Josephine O'Neill, David Flodstrom, Margaret Anderson, Mr. and Mrs. Kueld, Lucienne Kirk, Mr. and Mrs. Art Wilmot, Norman and Jan Antolock, Jim Healey, Gary and Shirle Lappier, Chris Brotherton, Jim Stagg, Ken Sweeney, Karen and Jon Rushby, Neale Frothingham, Michael and Florence Bucierka, Robert Martin, Preston Kayes, Dave Neupert, Janet Drysdale, Mariann Whaler, Jerry Willis, Roy Varni, Carroll Reid, Marvin Stolley, Arlen Hanson, Gerald Middleton, Olive Brooks, Norman Brooks, Morgan Roehl, Mr. and Mrs. Corven Kepplinger, Floyd Taggert, Allen and Caroline Collins, Michael Kisman, Chuck Drysdale, G. Blanc, Barbara Gase, Marcella Miller, Marilyn James, Rhonda Gallauher, Deanna Martin, Landon Kimbrough, Chuck Mullin, Bob and Ann McCartney, Mary Lou Paulson, Norma Turner, Rick Anderson, Craig Miller, Larry Leonard, Dan Pollock, Dan and Penny Withers, Paula Zomm, Steve Sanderson, Cindy McMee, Gerald Powell, Bob Leach, Allan Harrison APPROVAL OF MINUTES Commissioner Nutter moved to approve the March 22, 2000, meeting minutes with a correction from Commissioner Craver regarding her statement made prior to Item #2 (Tandem Bike Rally) that she is a neighbor to the application. A motion to second the amended minutes was made by Commissioner King and passed unanimously. Commissioner Philpott stated that he would be removing himself from the proceedings for Item #2 on the agenda as he is a neighbor in the direct vicinity of the proposal. Commissioner Hewins stated that he would be stepping down as Chair and leaving the meeting for Item #2 as he is an employee of the applicant. Commissioner Schramm stated that he owns property in the area of Item #1 but does not stand to gain from the proposal and would remain to act on the application unless someone objected to his doing so. No one objected to any of the disclosures. 49 Planning Commission Meeting - Aprill2, 2000 Page 2 Chair Hewins asked if the Commissioners would prefer to reorder the agenda to allow for . continued Item #3 to be heard first. The Commissioners agreed that they did not wish to reorder the agenda. Chair Hewins read the required oath that ensures those providing testimony are truthful to the best of their knowledge. PUBLIC HEARINGS: BINDING SITE IMPROVEMENT PLAN - BSIP 00-01 - PORT OF PORT ANGELES. Ait:port Industrial Park. 2200 and 2300 Blocks West 18th Street: Proposal to develop 7 new lots in an existing industrial park development in the Industrial Light zone. Senior Planner Sawyer reviewed the Planning Department's staff report recommending approval of the proposal. Chair Hewins opened the public hearing. Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, 338 West First Street, noted that the proposal is a continuation of the Airport Industrial Park development and carries out the Port's 1975 Master Plan. Phase I is the development which lies to the west of the subject property. Phase II is the property to the east of the subject property which contains five industrial sites. The proposal is Phase III. There is no . immediate need for new industrial lots at this time, but recognizing the 5 or 6 year lead time that is required to prepare a lot for occupancy, the Port thought it best to be getting the development under way now. The proposal is primarily oriented .to the economic development aspects of the City's Comprehensive Plan as noted in staff's report. The Port plans to have plenty of land available when the need presents itself. Commissioner Nutter encouraged the Port to consider striping for bicycles. Mr. Sweeney stated that the Port intends to provide a sidewalk along the streets within the development not just along 18th Street. Planning for bicycles within the development would not be a problem. In response to Commissioner Schramm, Mr. Sweeney noted that the planned buffer is an extension of that which was put in along 18th Street in Phase I: a 75' landscaping area. He confirmed that the Port had removed the mature trees from the buffer some time ago. The intent is to establish more eye level landscaping as a buffer than trees. The new landscaping is in the Port's 10 year Capital Improvement Plan and would probably be developed with Phase III. The Port is prepared to meet staff's recommended conditions of approval. Chair Hewins closed the public hearing. Commissioner King moved to approve the Binding Site Improvement Plan BSIP 00-01 for the Port of Port Angeles citing the following conditions, findings, and conclusions: . 50 . . . ':1(r~'(:~Y~~~;~';'~!.'W~~~j"r' :r~,~r1~~;~~~M: ."':~:~~!" Planning Commission Meeting - April 12, 2000 Page 3 Conditions: 1. The legal descriptions for Lots 26 through 32 shall be provided to the Planning Department and subject to current building setback requirements, landscape buffers, and infrastructure improvements. 2. All rights-of-ways and utilities serving Lots 26-32 shall meet the requirements of the City's Urban Services Standards and Guidelines and shall be dedicated to the City. 3. Stormwater drainage and treatment. plans and improvements meeting the requirements of the City's Urban Services Standards and Guidelines is recommended as a condition of approval by the Public Works Department. 4. Building setbacks consistent with the current Zoning Code shall be identified on the final BSIP 00-01 and address numbers shall be placed on the lots, which will be provided by the Building Division. 5. 18th Street shall be widened and curbs, gutters and sidewalks shall be installed to the requirements of the City's Urban Services Standards and Guidelines for that portion of 18th Street adjacent to the area included in BSIP 00-01. 6. A circulation system incorporating appropriate provisions and providing sufficient area for safe pedestrian activity to the site:from the street and from building to building within the site shall be submitted for Planning Commision approval at the time ofBSIP 00-01 final approval. 7. A plan for industrial park amenities including but not limited to landscaping, facilities for pedestrian and other alternate nonmotorized modes of transportation, the public transit system, and industrial park design concepts shall be submitted for Planning Commission approval at the time of BSIP 00-01 final approval and installed within six years of the time ofthe BSIP 00-01 final approval. 8. A description of the common facilities shared by uses of individual lots and the system of common management shall be noted on the face ofthe BSIP 00-01 final mylar. Findings: 1. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division ofland within the State of Washington, and Section 58.17.035 sets out requirements that the City is following for binding site improvements plans. 2. Chapter 16.10 of the Port Angeles Municipal Code (P AMC) sets forth local requirements for the approval of binding site improvement plans. 51 "'~',~~ Planning Commission Meeting - April 12. 2000 Page 4 52 3. Twenty standards and criteria, which must be met prior to approval of a BSIP, are listed in P AMC 16.10.040. . 4. Section 16.10.030 PAMC provides that the Planning Commission shall examine BSIP applications for proposals exceeding 5 acres in size, along with written recommendations of the City Departments, and shall either approve, approve with conditions, or deny the BSIP within the.time requirements of Chapter 18.02 PAMC. 5. The Port Angeles Planning, Public Works, and Fire Departments reviewed the BSIP 00-01 proposal and had no objections. Their comments are included in Attachment B to the April 12, 2000, Staff Report for BSIP 00-01. 6. Review ofthe proposal by the City's Fire, Public Works, and Planning Departments resulted in proposed conditions. 7. Preliminary approval is based upon the conditions of approval and the application included as Attachment A to the April 12, 2000, Staff Report for BSIP 00-01, including the preliminary drawing dated February 15,2000. 8. The subject site is 16 acres located in Suburban Lots 122, 123, 146, and 147 south of W. 18th Street and is part of an area known as the North Fairchild (Airport) Industrial Park. . 9. The property is described as being Suburban Lots 122, 123, 146, and 147 which are south ofW. 18th St., west of Butler St., east of"N" St., and including the taxiway on the north side of the William Fairchild International Airport. The 16 acre site is generally rectangular in shape. The property is adjacent and east of a previously approved industrial development plan approved in 1977 through the City's previous M -1 Permit process and as amended last year through the current BSIP process. The current BSIP application is an extension of the adjacent property's development pattern and includes a 75' buffer area adjacent to 18th Street and a 60' aviation taxiway along the BSIP's south border. Much ofthe original vegetation within the buffer area has been removed. 10. The property to the east, west and south of the property is owned by the Port of Port Angeles and is part of the William Fairchild International Airport and associated industrial park. Property to the north of W. 18th St. is zoned for single family residential and multiple family uses but is only partially developed. 11. The subject property is identified as Industrial on the Port Angeles Comprehensive Plan land use map and is zoned IL,Jndustrial Light. 12. The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal . . . . ~~~~')~'J.'"':~~~iti&t~~.~;;t~~'l' ':;::~:m_~'~~r:if1ll'~-'~5~'i~h ...".-. ,- ':'''f'1t~ Planning Commission Meeting - April J 2. 2000 Page 5 G, Policy G.l, Goal H, Policies H.l, H.2, H.3, and HA; Transportation Element Goal A, Policies A.l, A2, A.3, and A.6, Goal B, Policy B.9, B.ll, B.15, andB.17, Objectives B.2 and B.3; Utilities and Public Services Element Policies AA, B.l, C.l, and C.2, Objective C.l, Goal D, Policies D.l and D.6; Conservation Element Policies B.ll, B.13, and B.20, Objective B.2; Capital Facilities Element Goal A, Policies A.9, A.lO, and All, Goal B, Policies B.l, B.2, B.3, BA, B.5, B.6, and B.7, Objective B.l, Goal C, Policies C.2, CA, and C.7; Economic Development Element Goal A, Policies A.l, A2, A.3, AA, A.5, A-7, and AlO. 13. The Comprehensive Plan requires concurrency for streets, ",ater service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 14. The site is currently accessed by W. 18th Street and W. 19th Street. W. 18th Street is designated as an arterial on the City's Comprehensive Plan Circulation Map and is not improved with curb, gutter, and sidewalk, except for a portion north of the subject site. 15. There are no environmentally sensitive areas on the site. 16. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 17. The site will be serviced by the City's Police, Fire, and Public Works Departments. 18. The City of Port Angeles issued a Determination of Nonsignificance on AprilS, 2000, satisfying SEP A Conclusions: A As conditioned, the proposed BSIP IS consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. As conditioned, the proposal is consistent with the Chapter 16.10 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. As conditioned, appropriate provisions have been made for the public health, safety and general welfare and for the twenty BSIP standards and criteria. D. As conditioned, the public interest is served in the binding site improvement plannig of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. BSIP 00-01 provides for development of industrial development within the City of Port Angeles consistent with the Growth Management Act. The motion was seconded by Commissioner Philpott and passed unanimously. 53 .".~~q~' Planning Commission Meeting - April 12. 2000 Page 6 Chair Hewins stated that the commission would adjourn to the Council's Caucus Room for . 10 minutes for an executive session concerning possible litigation at 7:30 p.m. The commissioners returned to the meeting room at 7:40 p.m. without Commissioners Hewins and Philpott who left the meeting due to their previous disclosures regarding appearance of fairness. Vice Chair Nutter assumed the chair, reopened the meeting thanking those present for their attendance, and established a few ground rules for the conduct of the public hearing. CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN. 1702 Melody Circle: A proposal to establish a substance abuse treatment facility in an existing structure located within the RHD, Residential High Medium Density zone. Senior Planner David Sawyer reviewed the Planning Department's staff report recommending denial of the conditional use permit. Vice Chair Nutter noted a letter from Lansdon Kimbrough on behalf of the applicant which would become part of the record and opened the public hearing. Planning Director Collins indicated staff is requesting a continuation of any decision on the application. Craig Miller, 230 East Fifth Street, represented the applicant. He noted that the applicant at this point is Highland Courte LLC, not Mr. Tim German. The liability company was . formed after submittal of the application. Mr. German is a principal in the facility. The applicant is requesting a two week extension of the issue to address concerns noted by the Police Department. The applicants were surprised at the concerns as they did not believe them to be correct. Since reading the Police Department's memorandum, a detailed analysis of the concerns has been ordered. He anticipated having a fair amount of information to be available to the Commissioners within the next week or so to allow for review and confirmation of information in the report prior to a decision on the matter. Vice Chair Nutter asked staff if the April 26 agenda is full. Planning Director Collins confirmed that it would be best to continue the item to May 10 to allow staff time to analyze new information if the Commission decides to continue the matter. Chuck Mullin, 2079 Churchill Avenue SE, Salem, Oregon, Vice President of Northwest Care Management, the management company that managed Highland Courte as an Alzheimer's facility will manage Highland Courte as a chemical treatment facility. He will be one of the owners of the new business. His background is some 25 years in health care administration with over 10 of those years associated with chemical treatment facilities. The proposal is for a residential chemical treatment facility with no detox activities. The typical resident is employed with a primary diagnosis of alcohol dependency and is from the community. It is not intended to serve people who are forced on them by a court order, but someone who makes the choice to seek the service of their own accord and who is from the community. . . 54 ~}!'JN~':';1i'i::"!;'''!;;1'~''''''i~:;;-!};'~;;; , ;'+~~':!i~) rt~t;.~~#\~~T<&'?tI'(:~: ;<:,..<f,~1;.ti' ~'"f;:-::~~ Planning Commission Meeting - April 12, 2000 Page 7 . Mr. Mullin noted that he managed Rogue Valley Serenity Lane, a 36 bed chemical dependency facility in Medford, Oregon, for 10 years. The facility is located in a residential neighborhood. There was never a problem with the neighborhood that he was made aware of. There were no negative outcomes because the service helps the entire community and is a positive thing. The service is upscale and patients are members who are recognized as members of the community with the ability to pay for the service. Patients are for the most part very humble and are seeking a new life free from alcohol dependency. The facility will be very secure, one of the most secure in the area. If a person wishes to leave the facility, that person will be picked up by a family member or delivered to their physician. Patients will never be discharged at the front door. Patients will not be admitted unless they agree to that stipulation. The traffic will not be significantly different than from the Alzheimer's facility. Payroll will be about the same - 30 to 33 employees. Visitors will be welcome only on weekends, not during the week. Three meetings were held with neighborhood groups in an effort to explain the type of facility that is planned and the type of operation that can be expected. . Robert C. Martin, 1610 North First Street, Yakima, Was,hington, 98901, is an owner in the limited partnership that has been formed to run the proposed facility. He will be Executive Director and will be moving to Port Angeles to manage the facility. In his 23 years of working in intensive chemical dependency inpatient service he has never had a negative experience from neighbors. There may be some problems within the facility as people on treatment become a bit short with each other. Those problems will not be allowed to extend outside the facility. The facility is always open to the neighbors and neighbors are always asked to report any concerns they have so they can be immediately dealt with. The facility will be safe enough for children to live near without any fear. Patients are private pay as they can either afford to pay for the service by their own means or insurance. He will be moving to Port Angeles to manage the facility. Rick Anderson, 618 South Peabody Street, Port Angeles, is a principal of the project. He has lived in the Port Angeles area for the past 21 years and assured those present that the health and welfare of the community and its residents is foremost in his mind. In addressing the concerns regarding a negative affect on property values as a result of the facility, he stated that he has a vested interest in home sites in the Highland Communities development directly to the north of the site as well as in the over 100 units of senior apartments located directly east of the site. A decrease in property values would therefore have a drastic effect on those interests. He would not allow that to occur. Land values are determined by the health of the local economy. He did not observe a negative impact to the neighborhood in the area of Grant Avenue (port Angeles) when The Lodge, a chemical dependency facility, operated in that location in the early 90's. . He visited a similar facility in Monroe, Washington, and did not observe any negative effects on the surrounding residential neighborhood as a result of the operation. He stated that from personal experien~e he believes such a facility is a tremendous asset to a community because of the ability for people to put their lives back together and contribute in a positive manner to society in general. Thirty (30) full time staff will be employed at Highland Courte with a payroll of around 55 ._,;:"~. Planning Commission Meeting - Aprill2. 2000 Page 8 $900,000 which could result in a payback to the community of$2.7 million dollars added to the local economy. . In response to Commissioner Craver, Mr. Anderson stated that his role in the facility would be oversight as an owner but he would not be involved in the day to day operation. Deanna Martin, 1610 North First Street, Yakima, Washington, is a counselor for chemically dependent persons. As wife of the Executive Director, Robert Martin, she will be involved as a counselor in the Highland Courte facility. She has never been physically harmed as a counselor even though her profession requires her to be blunt with patients who are in denial. She is looking fOlWard to becoming a member of the Port Angeles community and to contribute to the health and well being of the area as a whole by helping to heal those who are sick from alcoholism. Landon Kimbrough, Lanstat Incorporated, 270 Beckett Point Road, Port Townsend, Washington, is a principal in a consultant firm specializing in licensure and accredidation, clinic supervision, training, and outcome studies for chemical dependency treatment agencies mostly in the State of Washington. They currently provide technical assistance for 200 of the 500 state agencies and 8 of the 14 agencies in Clallam County. He was hired by Northwest Care Management to help them with a feasibility study, hiring an executive director and the application process with the Department of Health and the Department of Alcohol and Substance Abuse. As the former director of the alcohol and drug recovery center at Valley General Hospital, Monroe, Washington, he was responsible for a residential . treatment center located in a residential single family neighborhood bordering on hospital property. No concerns were raised over that facility by the neighborhood. In responding to the Port Angeles Police Department's memorandum regarding negative impacts that could be anticipated from the proposal use, he spoke with the law enforcement agencies involved in background investigation for the memorandum. The assumption that Highland Courte will be doing mental health treatment is in error. Coexisting disorder patients will not be treated at this facility. In response to Commissioner Norton, Craig Miller responded that approximately 80 residents who attended the three meetings that were conducted in the Melody Lane neighborhood to orient and address the neighborhood concerns. In response to Commissioner Craver as to whether the facility will be considered a hospital, Mr. Miller stated that Planning Department staff has suggested the use should not be classified as a hospital but as a social service agency with 24 hour residential care. Although he would not disagree, he more precisely classified the use as a residential inpatient treatment facility for chemical dependency where patients will remain for 28 days. 56 Larry Leonard, 1030 Olympus, Port Angeles, understood the difficulty of the Planning Commission's decision having previously served on the Planning Commission for five years. He lives across the street from where The Lodge was operated which was a smaller chemical dependency treatment facility operated in the city in the early 1990's. No negative impacts were observed during the life of that operation by the neighborhood. He would not hesitate to approve such a use in a residential neighborhood given the proposed management and . '.',H!' ~\';f:-,'~;"(;':" :,;~,_i, ;,;:; "", ",;j!'-'i:;'~\; C'S:;~;S7t, ..'.~r::~.. Planning Commission Meeting - April J 2, 2000 Page 9 . operation. He counseled the Commission not to be swayed by just numbers, but to fully consider the health of the entire community and what the City's Comprehensive Plan and Zoning Ordinance have identified as uses in specific areas. The use will provide 30 needed jobs which will aid in the economic stability of the entire Port Angeles community. Marianne Whalen, 201 West First Street, is a social worker for the State of Washington Division of Children and Family Services and is also a chemical dependency counselor. She was not representing the agencies she works for but testified as a citizen and a representative of people from the community who need chemical dependency treatment. She is the former treatment director of The Lodge, a chemical dependency treatment center that operated in the late 1980's on Grant Avenue, Port Angeles, in a residential neighborhood. She confirmed that the police were never called to the facility for assistance. Having worked primarily in residential chemical dependency treatment centers for the past 18 years. She stated that most facilities are located in residential neighborhoods. She was associated with the Lakeside Milam facility located on 132nd Street in Kirkland, across the street from a school surrounded by a residential area. There were never problems with the location of the facility. She supported the proposal and noted that patients would be self insured or privately funded. The typical patients that enter such upscale facilities are doctors, lawyers, engineers, school teachers, mainly professionals who need to straighten their lives out to continue in their professions. As a member of the Governor's Council on Substance Abuse, she is aware of the need for treatment in this area. . Florence Bucierka, 211 Windmill Lane, Sequim, Washington, spoke in support of the proposal as an administrator in health and social services for over 20 years. Chemical dependency is real. It is estimated that one in ten individuals nationally will have problems with substance abuse sometime in their lives. There are indications that the ratio is higher in ClalIam County. Individuals affected by the disease come from all walks oflife, most are employed. She believes that every one in the audience has had a family member, a neighbor, or a coworker whose life has been affected by chemical dependency which is a disease that can be treated. There are a number of out-patient facilities in the community, this is a needed opportunity to have an in-patient facility. Currently Clallam County individuals who need chemical dependency in-patient treatment must travel to Seattle, the Tacoma area, sometimes as far as Spokane. She encouraged the Planning Commissioners to put aside the myths that sometimes surround substance abuse and its treatment and assess the needs of the community. . Jim Stagg, 1401 West Fifth Street, is a chemical dependency treatment provider in Port Angeles. He served as director of a family program in treatment of the disease in Walla Walla for five and one-half years located in a residential area. The clients were physicians, attorneys, wheat farmers, and other professional, and are very well behaved. When family members can be close enough to join in the treatment, the chance of success is greatly heightened. This is a 12 step model. The local Alcoholics Anonymous community will be greatly strengthened by such a local facility. The Commission took a break at 8:50 p.m. The meeting reconvened at 8:55 p.m. Vice Chair Nutter noted that a late letter had been received from Gary and Shirle Lappier, 924 Golf Course Road in opposition to the proposal. To balance out the testimony at least time wise, 57 ..;.;.,~~. Planning Commission Meeting - April 12, 2000 Page 10 Vice Chair Nutter called for testimony from opponents ofthe proposal. . Dave Nupert, 403 South Peabody, represented a property owner in the neighborhood. Although the applicant now says that the facility will not be providing mental health triage services, that door is open for the applicant to accept persons who have been court ordered into treatment. Once the door is open, it swings wide enough to increase the number of persons at a facility pursuant to a court order. The population of people going from jail into a treatment facility will increase the risk of escape and crime both in the immediate neighborhood and in the larger community. It will increase the level of tension in the neighborhood. He did not believe there is a use that is more incompatible with the existing neighborhood. The concerns expressed in the many letters are regarding property values, crime, traffic, and overall general quality oflife in the neighborhood. The use simply doesn't belong. He urged the Commission to deny the proposal. . Janet Drysdale, 236158 Highway 101, Port Angeles, is a personal representative for the estate of Daisy McInerney, 1722 Elizabeth Place. She spent several years working in Richmond, Virginia, for a physician who specialized in alcohol and drug treatment. She is a past president and board member of Healthy Families of Clallam County and has spent a good deal of her working life and volunteer time supporting programs that help people with addictions. She does not support this program in this neighborhood. It is an inappropriate placement due to the senior environment that has been fostered in the neighborhood. The Alzheimer's building is a wonderful building and the facility probably would have been . successful if the management was willing to take a few Medicade clients. She referred several Medicade clients to the Alzheimer's facility who were refused treatment. The owners have not explored this far enough to fmd a use that is compatible with the senior environment that they have developed. She is concerned that crime will increase in the area due to such a use and there will be an increase in vagrancy by visitors to the facility. She encouraged the applicant to seek a more appropriate location and consider accepting local residents who cannot afford private pay services. Jerry Miller, 1703 Melody Circle, is a resident of Highland Commons II senior apartments. He is very frightened that the minor security in place at the two senior apartments adjacent to the proposed building is not satisfactory to provide a needed level of comfort for residents of those apartments. Roy Varni, 1814 Lauridsen Boulevard, expressed strong concern that the proposed facility would soon and most assuredly later become a jail. He urged the Commission to consider the City Police Department's recommendation for caution. The neighbors of this area stand to lose the most - their peace and quiet, tranquility, and most important their security. He stated that in meetings with the proponents, they were informed that patients would also be from other areas within the state and from other states. The Alzheimer's center failed to turn a profit for its owners. Where profit is a motive, good intentions go out the window. . 58 Arthur Wilmot, 1840 Lauridsen Boulevard, is a retired clergyman with past experience working with the Narcotic Addiction Foundation of British Columbia, London, Ontario, and with the London, Ontario Police Department. He has some background in this area. This '?''t:.;t;'''1,~,\(~(:;;,r'~'~:M"f:l'3~!'<r'i''i:, >' i'ri;~.-~tf;~!t;iif~lt~:'l~;'1;~!lt;{'~1f ";:;~" Planning Commission Meeting - April 12, 2000 Page 11 ., is not a question of need, the need is obvious. It is a question as to the appropriateness of the location. This is the sole issue. Atypical patients must be planned for in these facilities. The entire area is by and large retired and has been developed deliberately as a senior community which is very vulnerable to the atypical patient who is determined to leave the facility. Allan Harrison, 1834 East Fifth Street, noted that all of those persons testifying in favor of the proposal either have a financial interest in the facility or move some similar type of employment interest in this type of care. Those against have no economic interests aside from property values and security. He does not agree with the economic argument for the proposal. The proposal states that the facility will be a source of treatment for clients referred through the legal system. He does not believe that people will become patients of . their own accord and willing and calmly remain for treatment. This is not an area for this type of facility. . David Flodstrom, 2816 South Laurel, represented his mother-in-law, Mrs. Anderson, who lives in Highland Estates. He appreciated the research that the Planning and Police Department staff did for this application and thanked staff for their recommendation noting that it is not easy as a public official to oppose something that may have positive benefits for the community. There a lot of reasons to have a drug and alcohol treatment facility in Port Angeles. Many reasons are well founded. We would be benefitted as a community to have a drug and alcohol treatment facility; however, that's not the issue before the Planning Commission. It is not an issue of job creation or an issue of the benefits of people who receive treatment or how well Northwest Care can operate such a facility. The issue before the Planning Commission is the issue of compatible use. It is the question of compliance with the master plan under which the Highlands Estates and Highlands Commons developments were established. It is the commitment to those who bought properties in the area that they were buying homes in an adult retirement community and that such a community could include multi family housing, low and moderate income seniors, or an elderly congregate care facility. The Alzheimer's facility met those criteria: the proposed drug and alcohol treatment facility does not. Highlands Estates, Highland Courte and Highland Commons are a unique neighborhood in the community that has come about because a land owner and a developer saw the need for an adult retirement community. The conditions, covenants, and restrictions (CCR's) of the properties in the area indicate that this is an adult retirement community. That was the expectation of Mr. and Mrs. Anderson and other property owners in the area. The CCR's were signed with the agreement that owners, renters, or lessors would be at least 50 years of age. They did that with the understanding that itwas also the developer's intent to maintain the neighborhood as an adult retirement community. . Lucienne Kirk, 1703 Melody Circle, is in her 80's and expressed strong concern that the anxiety level of residents will greatly increase if the proposed facility is approved. She lives on the ground floor of the Highland Commons apartment and told of a situation where an alcohol dependent person came banging on her window at night. She asked that the Commission understand that residents of the apartments are deaf, blind, and aged. 59 Planning Commission Meeting - April 12. 2000 Page 12 Heather Wilmot, 1840 E. Lauridsen Boulevard, has worked as a nurse in a hospital based . chemical dependency program. She is not opposed to chemical dependency treatment, it is necessary. She is opposed to mixing two very different populations as is proposed. A key element to changing a lifestyle and recovery is exercise. Hospital based clients work up to a four mile walk a day. There is not sufficient room at Highland Courte for this type of exercise. Clients will be a real presence in the neighborhood. They will be allowed outside of the facility with a staff member. As a certified mental health nurse, she believes the proponents would not knowingly admit a mental health patient with a drug problem, but it happens. Chemical dependency problems cross over lines. There are mental health issues that cannot be detected until a program has been started. She was opposed to the proposal. John Rushby, 1745 East Fifth Street, is opposed to the location, not the facility. He is a physical therapist who has worked with chemical dependency in California. This type of . facility is not controlled by the same regulations that an acute hospital is controlled by. He believes the proponents have good intentions but he agreed with the previous speaker in that it is not entirely controllable as far as dealing with mental health patients. Once a facility gains entrance into an area, they can make all kinds of promises, but once approved, it will be very difficult to remove it. He encouraged the Commission to give careful consideration to that eventuality. Carroll Reed, 1707 Lambert Lane, opposed the proposal. The streets leading to the facility are private and dead end. Visitors will park in residential areas disturbing the peace and . quiet of the area that was promised. Property values may significantly drop. Floyd Taggert, 1830 Melody Lane, agreed with the previous speaker and added that White's Creek is adjacent to the proposed site and is densely covered with trees and vegetation. It would make a perfect hiding place in the event someone wanted to leave the facility. The site contains only 17 parking spaces which is not nearly enough for 30 staff and intended visitors. He was concerned that visitors would bring drugs to the patients. The neighborhood is retirement oriented and everyone looks out for each other knowing that. He has returned residents to their residences when they have walked too far for comfort. He is very opposed to the proposal. Shirle Lappier, 924 Golf Course Road, is very opposed to the application. The proponents spoke only about the alcoholism treatment. She is more concerned about the drugs. If prisoners in jails can get drugs injail, it should be easy for patients to obtain same on visiting days. She is concerned for seniors living in the abutting apartments. Mary Lou Paulson, 1845 East Lauridsen Boulevard, lives near the previous Alzheimer's facility. She agreed with previous speakers regarding the insecurity that the proposal is imposing on the area. Highland Courte is connected to Highland Estates by a trail system intended to be used for recreation by residents. It was pointed out that the woods to the west ofthe proposed facility would offer a perfect avenue to the college facility. There is a day . care on Christman Place. She suggested that if the Commissioners visit the site they will understand that this is not the place for such a facility. 60 Neale Frothingham, 1845 East Lauridsen Boulevard, is Executive Director ofthe nonprofit . . . '.\.,;:f'r!F~:V:;Y,~",~~-"~'t'!l~;;.,' "":~ff'~~:'tr~~~~,~'f.i(@'~:~ ....,n0~-' Planning Commission Meeting - April]2, 2000 Page 13 Hearthstone Group that owns Highland Commons I and II. The Alzheimer's facility was a good neighbor. Although they know and trust the proponents of this application and take them at their word, the perception of the proposed facility could cause the apartments to empty out and put them in a very difficult position which is to serve elderly, low income people with housing. If the proposal does not go through, the Alzheimer's building may be empty for a long, long time. He was concerned that an empty building would be a threat to the apartment units. An empty building encourages vandalism. Florence Bucierka, 211 Windmill Lane, Sequim, Washington, 98382, asked if testimony would be taken at the May lOth meeting. Vice Chair Nutter said that she assumed the issue would be continued and that further testimony would be taken at that time. Vice Chair Nutter asked for additional speakers. There being none, Commissioner Norton moved to continue the public hearing to the May 10, 2000, regular meeting of the Planning Commission at 7 p.m. Commissioner King seconded the motion which passed 5 - o. Vice Chair Nutter welcomed those present to attend the May 10th meeting. The Commission took a break at 9:40 p.m. Chair Hewins and Commissioner Philpott returned to the meeting and the meeting reconvened at 9:45 p.m. CONTINUED HEARING: PARKING VARIANCE - PKV 00-01 - MAVERICK DEVELOPMENT. 116 North Albert Street: Request for a reduction in the required parking spaces from 58 spaces to 29 spaces in the Commercial Arterial zone. (Continued from March 22, 2000.) Senior Planner David Sawyer reviewed the Planning Department's report recommending approval of the reduction in parking as requested based on the occupancy of the residential units as senior apartments, 55 years of age or older and restricted by Conditions, Covenants and Conditions (CCR's). A comparative field survey was done in February of parking lot usage at the comparative Highland Commons apartments which indicated that approximately 22% of the lot was occupied. Commissioner Nutter noted that Highland Commons apartments provide a van for residential transportation needs. She didn't therefore feel it is a comparative senior apartment development as there is no van service proposed for the subject development. Mr. Sawyer responded to Commissioner Schramm that he did not know the average age of residents of the comparative apartment units (Highland Commons) but the facility is listed as housing residents 55 or older. Only one parking field survey was done. Chair Hewins opened the public hearing. Chris Brotherton, 116 N. Albert Street, is the project construction manager for the subject development. He apologized that no one was in attendance at the previous meeting. A representative had been scheduled to appear but had not. He stated that the applicants are 61 Planning Commission Meeting - Aprl112. 2000 Page 14 asking for 27 spaces not 29 spaces as stated in the application. They are not planning to . provide a van but noted that there is a bus stop on Front Street directly across the street from the site. Mr. Brotherton responded to Commissioner Craver that because the units will be sold as condominiums, two units can simply be sold without parking. It can be written in the purchase agreement that no parking space will be available for two units. In response to Commissioner Schramm, Mr. Brotherton stated that two spaces will be provided for handicapped residents. Two of the 27 spaces are approximately 14 feet wide which is adequate for handicap requirements. Commissioner Nutter asked about visitor parking and the number of bedrooms in each unit. . Mr. Brotherton answered that no visitor parking has been planned for but there is parking on the street. There are five two bedroom units in the structure. Commissioner Nutter was concerned that although there is a bus stop across the street from the site, there will be no bus service on weekends. Mr. Brothertonresponded that perhaps others within the building would offer to assist or family members would help. Mr. Brotherton corrected the error in the original application that requested a reduction in the size of the parking stalls which would result in 29 spaces. The spaces ,cannot be reduced due to the concrete support posts under the building. . Planner Sawyer stated that during a site visit with the City Engineer it.was determined that the current configuration could be retained although some obstructions would have to be removed. Mr. Brotherton responded to Commissioner Schramm that the pool room will eventually be converted to a waiting/mail room. A portion of one of the proposed 27 spaces will be created by that conversion as well. No consideration has been given to obtaining any property in the area for additional parking. It is not economically feasible based on what has been invested in the site to date. He is not aware of the mechanisms that may be in place to restrict the structure to senior condominiums but he believes paperwork exists. He believes that as a retirement community there is a need in Port Angeles for this type of use. There being no further testimony, Chair Hewins closed the public hearing. Commissioner Shramm expressed some real concerns about decreasing parking spaces in the area as Front and First Street are notorious for a shortage of parking and obstructions of intersections because of on-street parking. When the subject property was placed for sale, the owners, First Federal Savings and Loan, knew that the three sites that made up the original Aggie's development were historically tied together and that the property located on the northeast comer of Albert and Front Street was needed to meet parking needs. It is . not appropriate to allow 27 parking spaces for 29 unit. Such a reduction would encourage an encroachment on the neighborhood that is not necessary. 62 . . . ~;-1}!",,'~''>7't:'1;.~'t~.',~,''tflr; I~'_"'r.?:";-t?1;::'}"'~~':':0 ","."f,~ Planning Commission Meeting - April J 2. 2000 Page 15 Commissioner Norton agreed with Commissioner Schramm that it doesn't seem to make much sense to sell 29 units with only 27 parking spaces without some assurances from the proponent that have not as yet been offered. In response to Commissioner Norton, Mr. Brotherton verified that the units will be individually sold. He does not think that the end result will be 29 units with 29 vehicles based on his belief that seniors don't all drive. The spaces will be numbered for a specific apartment unit. They will simply not allow for two of the units to park on-site. Commissioner Schramm reiterated that he did not feel that without provisions for visitor parking, delivery service vehicles, or adequate parking alternatives for the residents the Commission would be encouraging an unnecessary encroachment onto the adjacent rights- of-way and neighboring areas. Commissioner Craver noted that the site is within walking distance to many services and is close to the Downtown area. Commissioner Nutter did not feel that without any provisions for a van or other alternative form of transportation that a reduction is warranted. Commissioner Norton suggested that the developer be directed to rethink the proposal and offer alternatives to support parking for the residential use. Commissioner Nutter moved to deny the parking variance as proposed. Discussion occurred regarding whether the correct motion was to deny or to direct staff to bring back findings and conclusions in support of denial. Commissioner Nutter moved to have staff bring back findings and conclusions for denial to the next meeting. The motion was seconded by Commissioner Schramm. The motion passed 4 - 3 with Commissioners Philpott, Hewins, and Craver voting in the negative. The Commissioners directed staff to include findings regarding impact to the neighborhood due to the lack of off street parking, lack of handicap parking and delivery service vehicles, inadequate number of spaces for the number of units, grocery too far away for seniors, and the lack of guarantee that the housing unit will remain in the same configuration in the future. Mr. Sawyer noted that this is a motion to bring back findings and conclusions for denial for consideration at the April 26, 2000, meeting, and is not a denial of the application. The project may be denied or yet be approved at the next meeting. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS None. 63 ,-- 64 Planning Commission Meeting - April J 2, 2000 Page 16 REPORTS OF COMMISSION MEMBERS Commissioner Philpott asked that the intersection going west on Front Street across Oak Street is very bumpy mainly in the north lane. He suggested that the Public Works Department consider improvement to the situation. ADJOURNMENT The meeting adjourned at 10:30 p.m. Brad Collins, Secretary Fred Hewins, Chair PREPARED BY: S. Roberds "-"--::~'~y;~-:--'i . . .