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HomeMy WebLinkAboutMinutes 02/04/19973439 CITY COUNCIL MEETING Port Angeles, Washington February 4, 1997 CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 7:05 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle, Hulett, McKeown, and Wiggins. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, and G. Kenworthy. Public Present: R. Black, R. Heft, S. Zenovic, and B. Dawson. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of January MINUTES: 21, 1997. Councilmember McKeown seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: None. CONSENT AGENDA: Councilman Wiggins moved to accept the Consent Agenda, including: 1) Recxnnmendation con~ out-of-state travel to FEMA; 2) Payroll - January 26, 1997 - $367,376.19; and 3) Voucher list - January 31, 1997- $248,068.70. Councilman Doyle seconded the motion. Following brief discussion and clarification of several expenditures, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE' Rick Heft, 3909 Nygren Place, Executive Director of the North Olympic Peninsula Visitor AUDIENCE/COUNCIL/ & Convention Bureau, asked for the opportun/ty to update the Council on the activities of STAFF TO BE the NOPVCB. Visitor's Guides have been sent out to 200 Visitor's Centers around CONSIDERED OR Oregon and Washington. Tour Guides are being sent out to tour operators. Mr. Heft then PLACED ON A distributed copies of the State's tour brochures to the Council. FUTURE AGENDA: Mr. Heft summarized some of the conventions and other events which will take place in Port Angeles in the future, as well as those that took place in the recent past, such as the Washington Science Teachers Association, a 1999 Convention of the Washington State Association of Counties, a Clallam Transit state-wide meeting, and the VFW Conference. He then distributed a copy of a letter he sent to the Chamber of Commerce. Mayor Ostrowski stated item D. 3. will be deleted from the agenda. Councilman Campbell asked to add a report from the Solid Waste Advisory Committee, and brief discussion on the Elwha River Fish Restoration Legislation. These were added as items D. 7 and D.8. Councilman Wiggins asked to discuss Senate Bill 5325, which was added as item D.9. Councilman Braun referenced a letter from the P.U.D., which will be a matter of consideration by the Utility Advisory Committee. PUBLIC HEARINGS: 1. Appeal of the Condition of Approval for a Preliminary Short Plat - M & R U.S. Development - SHP 96(10)08-4/5 Alley: Appeal of conditions to provide afire Appeal of the Condition of hydrant and upgrade to the access roadway for a three-lot short plat in a Approval for a Preliminary residential zone. Short Plat M & R U.S. Development Mayor Ostrowski informed the Council that Councilman Wiggins would not be participating in this consideration; Councilman Wiggins departed the meeting at 7:17 p.m. He then reviewed the information provided by the Planning Department. At Mayor -1- 3440 CITY COUNCILMEETING February 4, 1997 PUBLIC HEARINGS: Ostrowski's request, Planning Director Collins gave a brief review of the issue, responded (Cont'd) to questions fi-om the Council, and then asked Fire Chief Beeker to comment on the issue. Using the overhead projector, ChiefBecker demonstrated the area under discussion, stating Appeal of the Condition of why he felt it mandatory that a fire hydrant be a condition of approval. He responded to Approval for a Preliminary questions posed by the Council. Short Plat M & R U.S. Development (Cont'd) Mayor Ostrowski opened the public at 7:30 p.m. Don Corson, Vice President for Planning & Development for Memll & Ring, provided a history of the development of this land and spoke in support of approving the appeal. Mr. Corson indicated M & R had decided on a reduction from four to three lots, and the costs associated with the appealed conditions of approval would range from $10-15,000. Further, Mr. Corson felt the law did not make these requirements absolute, but rather "appropriate provisions". He asked that a compromise be reached between the City and M&R. Steve Zenovic, Engineering Manager of Polaris Engineering, spoke in support of approval of the appeal. He felt M & R should not be penalized for changing the lot development to reduce the number of lots. He felt a fire hydrant placed on Fifth Street would be within 250 feet of the lots, and the house placed on the fourth lot would require sprinklers. If the hydrant was placed in the alley instead of 5th Street, it would provide protection to the whole alley. Mr. Zenovic indicated there are two power poles in the alley right-of-way which would have to be moved in order to meet the 20' width requirement. This could be very costly to M & R. Discussion followed regarding moving the power poles located in the alley and the width of the right of way. Councilman Campbell asked that the apphcant address the issue of the improved capability of dealing with fires that might occur in this development. Don Corson of Merrill & Ring responded. He felt sprinklering had few benefits. Councilman Braun stated that sprinklermg could save lives and had great value. Mr. Corson agreed; however, looking at insurance ratings, there is no benefit as far as saving the home. ChiefBecker asked for the opportunity to work with the applicant regarding placement of the fire hydrant in order to still meet the intent of the Fire Code. Further discussion followed regarding a satisfactory solution to the right-of-way problem. There was no further public testimony, and Mayor Ostrowski closed the public heating at 7:50 p.m. Attorney Knutson informed the Council that the appeal could be continued to give the Fire Chief and the applicant time to come to an agreement. If the applicant is not satisfied, he could retum to the Council for a fmal decision on the appeal. Therefore, Mayor Oslxowski reopened the public hearing, at 7:52 p.m. Councilman Braun moved to continue the public hearing to a date to be set by staff and allow staff to work with the applicants. The motion was seconded by Councilman Campbell In the ensuing disensslon, it was agreed the hearing could be continued to February 18, 1997, which was incorporated into the motion. A vote was then taken on the motion, which carried unanimously. Councilman Wiggins returned to the meeting at 7:52 p.m. Amendment to Shoreline 2. Amendment to the Cio~'s Shoreline Management Permit Regulations: proposed Management Permit amendment to provide consistency with State regulations Regulations Mayor Ostrowski reviewed the information provided by the Planning Department. Because the Planning Commission had not yet formulated its recommendation, it has been suggested that the City Council proceed to open the public hearing and continue it to a future date. Mayor Ostrowski, therefore, opened the public hearing at 7:55 p.m. There was no public testimony, and Councilman Doyle moved to continue the public hearing to March 4, 1997. Councilman Braun seconded the motion, which carried unanimously. Clarification of Municipal 3. Clarification of the Port Angeles Municipal Code - MCA 96-11: Proposed Code amendments to Titles 14, 16, and 17 (Parking, Short PlaF Ordinance No, 2948 Subdivision/Boundary Line adjustment, and Zoning respectively) of the Port Angeles Municipal Code. The amendments are intended to be for clarification purposes (Continued from December 17, 1996) Mayor Ostrowski reviewed the information provided by the Planning Department. Director Collins explained that the Ordinance was only to clarify issues and interpretations of the Code. Mayor Ostrowski opened the public hearing at 7:56 p.m. Richard Black, 2104 W. Fourth Street, purchased his home in 1976, and at that time, he purchased a copy of the zoning regulations. Mr. Black then asked the Council to look through a packet he had provided them, and follow him in a photographic montage. He then demonstrated the fence/hedge conditions surrounding the property at 2032 W. Fourth Street, which block his view. He had requested that this property be forced to comply with -2- 3441 CITY COUNCIL MEETING February 4, 1997 PUBLIC HEARINGS: the zoning code twice in 1996, but nothing has been done. Mr. Black went through the (Cont'd) packet page by page and explained what each item was. He felt if a law is not going to be enforced aggressively, it should be rescinded. Clarification of Municipal Code There was no further public testimony, and Mayor Ostrowski closed the public hearing at Ordinance No. 2948 8:00 p.m. Councilman Doyle noted he had not had sufficient time to review the packet distributed by Mr. Black prior to this meeting. Discussion followed, and Director Collins provided clarification of enforcement and restrictions regarding hedges. Several Council members posed questions as to how hedges can be controlled city-wide and the difference between shrubs, trees, and hedges. Council also questioned whether all hedges should be restricted or only those that block a neighbors view. Councilman Wiggins moved to table those parts of the Ordinance dealing with hedges pending discussion by the Real Estate Committee with a recommendation to be forwarded back to the Council Councilman Campbell seconded the motion, which carried by a majority, with Councilman Doyle voting in opposition. Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2948 AN ORDINANCE of the City of Port Angeles, Washington, making numerous minor wording and clarification amendments and other adjustments to the City's development regulations, including defmition clarifications, clarification and consolidation of regulations related to senior residential facilities and other assisted living facilities, changes to the sign regulations to allow larger signs, to allow political signs without time restriction before an election, and to allow certain identification signs such as home occupation activities in residential neighborhoods, other minor corrections m and clarifications of the Zoning Code, and changes to the Subdivision, Short Subdivision, and Boundary Line Adjustment Ordinances related to sidewalk improvements required by state statute and clarification of certain types of information required to be shown on plats, and amending Ordinances 1588, 1631, 1709, 2222, and 2669, as amended, and Chapters 14.40, 16.04, 16.08, 16.12, and Title 17 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the Ordinance as read by title, excluding Section 17.08.045A and Section 17.94.140. Councilman Braun seconded the motion, which carried unanimously. Councilman Hulett moved to adopt Findings 1 - 13 and Conclusions A - E, as set forth in Exhibit "A', which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings None. B. Resolutions not Requiring Public Hearings None. C. Planning Commission Minutes/Action Items None. Economic Development D. Other Considerations. Summit 1. Economic Development Summit Mayor Ostrowski asked the City Manager to report on this issue. Manager Pomeranz stated Tim Douglas, prior Mayor of the City of Bellingham, has been appointed Director of the Deparanent of Community, Trade, and Economic Development. Manager Pomeranz reviewed a letter which he felt should be sent to Mr. Douglas, inviting Governor Locke to Port Angeles to discuss the impact of the Rayonier closure and to work together to find solutions to the problems the Olympic Peninsula faces. Senator Hargrove is working with Representatives Buck and Kessler on legislation which may be beneficial to this area. Manager Pomemnz stated that there are a number of areas across the State feeling the pain of difficult economies. During the Summit, discussion would be opened for the unique -3- 3442 CITY COUNCIL MEETING February 4, 1997 LEGISLATION: problems of the Peninsula, as well as the problems of other rural communities, thereby (Cont'd) being of benefit to the entire State of Washington. Economic Development Councilman Doyle moved $o send the letter of invitation to the Department of Summit (Cont'd) Community, Trade and Economic Development. Councilman Campbell seconded the motion, Which carried unanimously, Exemption for Second 2. Proposed Exemption .for Second Hand Dealers Hand Dealers Ordinance No. 2949 Mayor Ostrowski reviewed the information provided by the City Clerk. Chief Ilk provided brief claritication of the issue. Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2949 AN ORDINANCE of the City of Port Angeles, Washington, pertaining to licensing exemptions for junk dealers, second hand dealers, and pawn brokers and amending Ordinance 2548 and Section 5.44.160 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the motion, which carried unanimously. Taxicab Business License 3. Taxicab Business License Application Application Pulled fi-om agenda. Certification of Tax Levies 4. Certification of Tax Levies At Mayor Ostrowski's request, Finance Director Godbey reviewed the information provided in the packet. Councilman Doyle moved to certify the 1997 property tax to the Clallam County Assessor. Couneilmember MeKeown seconded the motion, which carried unanimously. Agreement with Humane 5. Agreement with Clallam County Humane Society Society Mayor Ostrowski reviewed the information provided by the City Clerk. Couneilmember MeKcown moved to approve and authorize the Mayor to sign the agreement with the Humane Society for 1997. Councilman Wiggins seconded the motion. Manager Pomeranz noted it was very positive that the Humane society has chosen to work with the City with the reduction of the fees. After further brief discussion, a vote was taken on the motion, which carried unanimously. Agreement with Northwest 6. Agreement with Northwestern Territories to Provide Engineering Services for Territories LID 215 Mayor Ostrowski reviewed the information provided by the Public Works Department. Councilman Campbell moved to approve and authorize the Mayor to sign the agreement with Northwestern Territories Inc. in the amount of $74,300 ($55,500 in not-to-exceed fees and $18,800 in estimated fees) to provide engineering services for the Upper Golf Course road LID 215 sewer improvements. Councilman Doyle seconded the motion, which carried unanimously. Elwha River Fish Z Elwha River Fish Restoration Legislation Restoration Legislation Councilman Campbell reminded the Council that legislation has been introduced which .will implement a plan to reintroduce salmon into the Elwha River. The Rescue Elwha Area Lakes organization in Clallam County has promoted this plan for some time. Councilman Campbell felt the natural resource legislative committees should be aware that the City of Port Angeles is a stakeholder in the future of thc Elwha River. Also, Councilman Campbell asked ffthe Council should oppose the legislation, as it does not involve all the parities of interest on the river. It is a limited Plan, and it does not have the support of the regulatory authorities and the Tribes, who have a historical interest on the river. He asked the Council for its opinion on the matter. At Councilman Braun's request, Councilman Campbell explained how salmon would be reintroduced. Discussion followed, and Councilman Wiggins pointed out that he and Councilman Campbell had served on the Elwha Citizens Advisory Committee which came up with a plan. Many hours were spent discussing this very complicated matter. He felt it was inappropriate to ask the Council to oppose this legislation without having some background in the matter. However, he felt it very important to let the legislature know that -4- 3443 CITY COUNCIL MEETING February 4, 1997 LEGISLATION: the City of Port Angeles is indeed a stakeholder in this issue. (Cont'd) After further discussion, Councilman Campbell moved to approve and authorize the Elwha River Fish Mayor to sign a letter, to be drafted by the City Manager, asking that Port Angeles Restoration Legislation and other stakeholders be included in deliberations. Councilman Wiggins seconded (Cont'd) the motion. After brief discussion regarding wording of the letter, a vote was taken on the motion, which carried unanimously. Solid Waste Advisory 8. Solid Waste Advisory Committee Committee Councilman Campbell stated the Solid Waste Advisory Committee (SWAC) has been dealing with the revisions to the County's Solid Waste Comprehensive Plan. An issue discussed was a request by West Waste, Inc., to longhaul its waste to a landfill in Oregon, rather than Port Angeles. This would eliminate approximately $205,000 from the City's Solid Waste utility annually. ff West Waste is allowed to do this, other contractors might follow suit, and the citY would be forced to raise rates. The domino effect could cause great problems for Port Angeles. There is still substantial debt to be paid off on the bonds for the existing landfill cell. This issue was placed before the SWAC by the County Commissioners for a recommendation. The Committee voted 5 - 2 against the proposal. The issue is going before the County Commissioners for action on Tuesday, February 1 l, 1997. On Monday, a work session is scheduled with the County Commissioners at 10:30 a.m. at the Courthouse. Manager Pomeranz felt, as it was such an important issue, as many Councilmembers as possible should be present. Councilman Campbell stated that the Cities of Forks and Sequim and County residents have been subsidizing elements of the Solid Waste program for the City of Port Angeles. Councilman Campbell then reviewed information that had been provided to the Committee by Finance Director Godbey and Solid Waste Superintendent Jones. Councilman Campbell felt the City of Forks might be interested in negotiating with Port Angeles, and he felt this was a better way of dealing with the issue. Director Godbey stated that two bonds were issued based a commitment that was provided via the County Comprehensive Solid Waste Plan. Participants were urged to stay with the City until the bonds were paid off in the year 2000. Couneilmembers were again urged to participate in the meeting on Monday, February 10, 1997, at 10:30 a.m. Senate Bill 5325 9. Senate Bill 5325 Councilman Wiggins stated this Bill discusses the transfer of State Forest Board lands back to the counties. It was felt the City of Port Angeles could support this, as the County could well benefit substantially by turning back local control of these lands. Clallam County is the biggest timber county in the State: 90,000 acres of high quality timber land. Councilman Wiggins felt a letter should be drafted supporting passage of this.legislation. Mayor Ostrowski stated that this system works very well in Grays Harbor and could work well in Clallam County as well. Discussion followed, and Councilman Wiggins responded to questions and clarified several issues. Councilman Wiggins moved to send a letter of support regarding passage of SBS32fl. Councilman Campbell seconded the motion After further brief discussion, a vote was taken on the motion, which carried unanimously. Councilman Doyle reminded the Council of the AWC legislative meeting to be held on February 19 and 20, 1997. ADJOURNMENT: The meeting was adjoumed at 9:05 p.~ ~f~ Becky J. Upt~, City~31erk F- ~x~ Prosper Ostrowski, l~layor -- -5- 3444 Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF AMENDMENTS TO THE PORT ANGELES MUNICIPAL CODE - MCA 96-10' 1. The City Planning Department's policy is to note areas of concern or error contained in those regulations that deal with land development within the City of Port Angeles and . bring these issues to the attention of the City Council through the Planning Commission for review and possible amendment. 2. Situations have occurred during the past several years where parking regulations have been questioned as they relate to parking for elderly residential facilities, including nursing and convalescent homes, assisted living facilities, residential care facilities, adult family homes, group homes, and sanitariums. 3. State law Chapter 58.17 RCW requires that subdivisions provide for safe walking routes to schools for children. 4. Subdivision application information has been reviewed,and amendments to ensure that information is placed on final mylars that will provide a reviewer with the correct development information for a particular platted property are proposed in the current housekeeping amendment. 5. Current regulations require that the City's Light Director, Public Works Director, and City Engineer approve short plats/subdivisions/bonndary line adjustments. 6. The City's Light Department and Public Works Departments have been combined into one department. 7. Definitions have been reviewed and amendments proposed that will ensure consistency with State and local terminology and will ensure correlation between local ordinances. 8. "Assisted living facilities" are not defined or addressed in the current Zoning Code. 9. The current Zoning Code does not clearly establish residential density limitations. 10. The Comprehensive Plan establishes density limitations for residential uses. 11. The City Parks Department, Clallam County Fairgrounds, Olympic Memorial Hospital, and various public schools in the City have requested that the sign limitation in the Public Buildings and Parks (PBP) zone be amended to allow for public information signs and larger signs for public buildings. 12. Chapter 17.16 of the current Zoning Code requires a conditional use permit for homes for the elderly, nursing and convalescent homes, and elderly group care homes by conditional use permit. 3445 13. Homes for the elderly, nursing and convalescent homes, elderly group care homes are allowed by conditional use permit in various zones. Conclusions: A. The proposed amendments are in the public's interest. B. Density limitations within the Zoning Code are necessary to ensure consistency with the City's Comprehensive Plan. C. Multiple signatures from the Public Works Department are not necessary for approval of short plat/subdivision/boundary line adjustments. D. The amendments are consistent with the City's Comprehensive Plan. E. The intent of the previous Chapter 17.16 "Homes for the Elderly, Nursing, Elderly Group Care Homes Conditional Use Permit" is met through the inclusion of nursing/convalescent homes and assisted living facilities as conditional use permits in appropriate zones. jUlopte~.the Port Angeles City Council at its meeting of February 4, 1997. x'--l~rg~pe; C~'o~or - - ~ecky J] ~on,~ity C~er~- --