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HomeMy WebLinkAboutMinutes 02/07/1995 2 58 CITY COUNCIL MEETING Port Angeles, Washington February 7, 1995 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, Hulett, MeKeown [arrived at 6:05 p.m.], Ostrowski, and Schueler [arrived at 6:05 p.m.]. Members Absent: None. Staff Present: Manager Pomemnz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, K. Godbey, S. Ilk, M. Campbell, J. .Pittis, B. Titus, B. Coons, Y. Ziomkowski, N. Wu, B. Jones, S. McLain, J. Abram, B. Becket, G. Kenworthy, K. Ridout, and D. Sawyer. Public Present: K. & M. Sorenson, J. Reed, R. Farrington, J, Merriwether, A. Dunker, J. Thanen, K. Sweeney, C. Souders, M. Tiderman, M. Smith, H. Fink, Mrs. B. Bowman, B. Hansen, R. Anderson, S. Kedish, D. Ablek, D. Bettger, S. Segue. ADJOURN TO The meeting adjourned to Executive Session at 6:00 p.m. to discuss several items of EXECUTIVE SESSION: litigation, personnel and labor negotiations. RETURN TO OPEN The meeting return to open session at 7:05 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:10 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Marcia Logan's Camp Fire Group. ALLEGIANCE: Those participating included: K. Logan, N. Beattie, S. Shideler, and A. Wheeler. APPROVAL OF Councilmember McKeown moved to approve the minutes of the regular meeting MINUTES: of January 17, 1995. Councilman Braun seconded the motion, which carried unanimously. CEREMONIAL 1. Acceptance of Donated Chihuly Baskets MATTERS/ PROCLAMATIONS: Mayor Sargent explained that a special edition Chihuly Basket was purchased by Dr. and Mrs. William Mead. This is being presented to the Port Angeles Fine Art Chihuly Basket Accepted Center as a memorial to Arthur J. Longpre, Mrs. Mead's father. In recognition of the City's partnership, this sculpture will be displayed at City Hall. Mayor Sargent then recognized Dr. and Mrs. Mead; Jake Seniuk, Director of the Fine Arts Center; and Jim Butler, a trustee of the Fine Art Center. Dr. Mead provided a brief history of Arthur Longpre and presented the Chihuly Basket to the City. 2. Proclamation Recognizing February as American Heart Month' American Heart Month Mayor Sargent read a proclamation recognizing February as American Heart Month, which was accepted by Richard Sargent. CITY COUNCIL Councilman Ostrowski attended the Coastal Corridor Advisory Committee meeting COMMITTEE and announced that one of the subcorridors selected for this area was the area from REPORTS: the Elwha River up and into the Port area. Councilman Hulett attended Chamber of Commerce Board and Youth Task Force CITY COUNCIL MEETING February 7, 1995 CITY COUNCIL meetings, as well as the Visitors and Convention Bureau Board Retreat at Cape COMMITTEE Flattery, where goals were set for 1995, and a presentation of the Draft Market REPORTS: (Cont'd) Study was heard. Councilmember McKeown attended a School Concurrency Task Force meeting. A full report is included in tonight's packet under Other Information. Councilman Doyle attended a Real Estate Committee meeting, and these items will be addressed later on the agenda. He also attended two ad hoc committee meetings with County Commissioner Cameron and County Planner Beck to discuss the pros and cons of the County choosing to not participate in the Growth Management Act. This will also be addressed later in the agenda. Councilman Braun attended the dedication ceremony of the Olympic connection of Jefferson Transit, which was held in Kalaloch. Councilman Braun also attended a regular meeting of the Transit Board, the ad hoc committee meeting, and the Real Estate Committee meeting. Councilman Schueler attended a Public Health Advisory Committee meeting, where the need for more public participation was identified. Mayor Sargent attended the Chamber of Commerce Retirement Community meeting and the funeral of Veto Basom, former Port Angeles Mayor. She also attended several other meetings which will all be addressed later on the agenda. Mayor Sargent informed the audience that the Campbell Avenue Project was not on this evening's agenda; it will be addressed later in the spring. Those wishing to address this issue were told to leave their names and .addresses, and the Planning Department will notify everyone of the hearing date. FINANCE: 1. Extension of Landfill Groundwater Analysis Contract with Parametrix, Engineers Extension of Parametrix Contract Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowski moved to direct staff to extend the contract with Parametrix for the described scope of work for 1995. Councilman Braun seconded the motion. After a brief discussion, Councilman Ostrowski offered to amend the motion to include that the Mayor be authorized to sign the contract. Councilman Braun, as seconder of the' motion, agreed. A vote was taken on the motion, which carried unanimously. Street Materials Bid 2. Street Materials Bid Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Doyle moved to accept the bids for street materials as presented, for a total amount of $18,833.22. Councilman Hulett seconded the motion. Councilmember McKeown asked why The Paint Store was not awarded the bid for traffic paint, as it was within 5 % of the next lowest bidder and it is a local merchant. After lengthy discussion, it was agreed this matter would be further reviewed by staff and brought back to the next Council meeting. In view of this fact, Councilman Doyle withdrew his motion, and Councilman Itulett withdrew his second. DechloriniZation 3. Authorization to Purchase Dechlorinization Equipment at the Wastewater Equipment Treatment Plant Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowski moved to authorize the purchase of chlorination/dechiorination control equipment for the wastewater plant from Harbor Technologies of Gig Harbor, Washington, in the proposed amount of $17,405.00 plus applicable tax and freight. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Schueler requested that each item on the Consent Agenda be considered individually, to which the Council agreed. -2- 2960 February 7, 1995 CONSENT AGENDA: 1. Consideration of filling vacant position in Street Division (Cont'd) Mayor Sargent reviewed the information provided by the Public Works Department and asked Public Works Director Pittis how the efficiency of the crew would be affected if this position were to remain vacant. Director Pittis explained that the department would endeavor to do its best under the circumstances; however, it would take longer to complete a job with a smaller crew. The City is just barely keeping up with the workload at the present time. Councilman Braun moved to fill the vacancy of Maintenance Worker I in the Street Division. Councilman Ostrowski seconded the motion. Councilman Schueler reminded the Council of its previous decision to closely scrutinize vacancies and try to decrease manpower through attrition. After further discussion, a vote was taken on the motion, which carried unanimously. 2. Out-of State travel request - Finance Department/Charles Kasicki Mayor Sargent reviewed the information provided by the Finance Department. Councilmember McKeown moved to approve the travel request for Charles Kasicki in the amount of $2,035. Councilman Braun seconded the request. Discussion followed, Councilman Doyle inquired as to how the City would benefit. Acting Finance Director Ziomkowski responded that the City of Port Angeles is probably the only company in the area to have a network specialist engineer. It is extremely important that Charles stay abreast of the technology, particularly in view of the City's investment in the system. Finance Director Godbey added that Mr. Kasicki is a certified network engineer and a computer engineer. This is a highly technical workshop, which includes four days of intensive training. A vote was taken on the motion, which carried unanimously. 3. Out-of-Sate travel request - Police Department/Officers Ed Schilke and Kevin Miller to PRIDE Worm Drug Conference/Indianapolis, Indiana Mayor Sargent reviewed the information provided by the Police Department. Councilman Braun moved to send Officers Schilke and Miller to the 1995 PRlDE World Drug Conference. Councilman Hulett seconded the motion. Councilman Schueler requested that reports be submitted to the Council upon the return of these employees from the conference. A vote was taken on the motion, which carried unanimously. 4. Out-of-State Travel Request - Planning Department/Brad Collins Mayor Sargent reviewed the information provided by the Planning Department. Councilman Ostrowski moved to approve the travel request for the Planning Department/Brad Collins.' Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. 5. Voucher list - February 3, 1995 - $2,241,457. 50; and Payroll - January 15, 1995 - $346,622.46 and January 29, 1995, of $357,384.60 Councilman Doyle moved to approve the Voucher List and Payroll as presented. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Mayor Sargent added Item E. 17., City Manager Evaluation. AUDIENCE/COUNCIL STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Integrated Resource 1. Consideration of Integrated Resource Planning Planning Mayor Sargent reviewed the information provided by the Light Department and opened the public hearing at 8:10 p.m. Scott McLain, Power Resource Manager for the City Light Department, explained that the Federal Energy Policy Act of 1992 amended the Public Utility Regulatory Policy Act regulations to require utilities with retail sales over 500,000,000 kilowatt hours annually to hold a public hearing to consider adopting integrated resource planning. The Council is required to hear testimony and decide whether to adopt -3- 2961 CITY COUNCIL MEETING February 7, 1995 LEGISLATION: Integrated Resource Planning as a standard. Mr. McLain then submitted testimony (Cont'd) on behalf of the City Light Department. Integrated Resource Discussion followed, and there being no further testimony, the public hearing was Planning (Cont'd) closed at 8:16 p.m. Councilman Ostrowski moved to adopt Integrated Resource Planning as a standard, citing the testimony given, and authorize the Mayor to sign a written decision. Councilman Braun seconded the motion, which carried unanimously. Street Vacation - Petersen 2. Street Vacation Petition - Petersen - STV94(12)10, Portion of the 5/6 alley: Petition to vacate a portion of the 5/6 alley located in the west seventy-five feet of Suburban Lot 34. (To be continued) Planning Director Collins informed the Council that the applicant has withdrawn his request to reset the public hearing. Mayor Council opened the public hearing at 8:18 p.m. There being no testimony given, the public hearing was closed at 8:18 p.m. No action was taken. Zoning Code Amendment 3. Zoning Code 3mendment - ZCA 95(01)01 - Land Title Company, CSD, Ordinance No. 2856 Community Shopping District: Proposal to amend the Community Shopping District minimum yard requirements. Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 8:20 p.m. There being no testimony, the public hearing was closed at 8:20 p.m. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2856 AN ORDINANCE of the City of Port Angeles revising the setback requirements in the CSD, Community Shopping District, and amending Ordinance 1709 and Section 17.22.200 of the Port Angeles Municipal Code. Councilman Doyle moved to adopt the Ordinance as read by title, citing Findings 1 - 5, and Conclusion A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minUtes. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Street Vacation - Duncan 4. Street Vacation Petition -Duncan - 8TV95(01)01 - "P" Street: Request for vacation of one-half of the "P" Street right-of-way at the intersection of "P ~ and Eighteenth Streets. Planning Director Collins noted that the application has been withdrawn. Mayor Sargent opened the public hearing at 8:25 p.m. There being no testimony, the public hearing was closed at 8:25 p.m. No action was taken. Development Standardsfor 5. Development Standards for Urban Services Ordinance: Adoption of Urban Services- development standards for consistency with the recently adopted Ordinance No. 2857 Comprehensive Plan and with the Growth Management Act. (Continued from December 20, 1994) and Comprehensive Plan 6. Comprehensive Plan Amendment Process Ordinance Amendment - (Continued from December 20, 1994) Ordinance No. 2858 Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 8:27 p.m. Bruce Becket, Fire Marshal for the City of Port Angeles, gave a brief history of the sprinkler issue for newly constructed, single family homes, which lie outside the four-minute response time. In 1985, property west of the airport was annexed to the City. At that time, Fire Chief Glenn determined that the fire response time was inadequate, and all new homes built in that area must be sprinklered. This plan was to defer the building of a fire substation. If substantial development occurs, a substation will eventually have to be built; however, the City would be looking at a cost of $500,000 per year just to man the station. Fire Marshal Becket explained that sprinklering is a second option to the Comprehensive Plan and presented a brief February 7, 1995 LEGISLATION: video to the Council which showed the importance of a four-minute response time. (Cont'd) Fire Marshal Becket delineated the advantages of sprinkler systems and stated that Development Standards for while sprinklers are not federally mandated in manufactured homes, the office of Urban Services- Housing and Urban Development strongly supports the use of sprinklers. He Ordinance No. 2857 reviewed the cost of installing a sprinkler system, which generally ranges from $1 & to $1.25 per square foot. A discussion followed as to whether or not the City could Comprehensive Plan mandate sprinklers in manufactured homes. Amendment - Ordinance No. 2858 City Attorney Knutson stated that, according to the RCW's, neither the City nor the (Cont'd) County can mandate electrical or plumbing improvements in manufactured homes. Fire Marshal Becket expressed the opinion that sprinklers do not fall into either of these categories; therefore, he felt there could be a mandate. Using an overhead projector, Mr. Becker showed the areas outside the four-minute response time which would be effected by this issue. It was the opinion of Councilman Hulett that being there were so many existing businesses and residences in this area, eventually a substation would have to be built. Ann Gilson, 1111 Olympus Avenue, spoke in favor of mandatory sprinklering. Ms. Gilson has sprinklers in her home, and they give her great peace of mind. She indicated she invested approximately $1,000 for a 1,200 square foot home. Jim Merriwether, no address given, felt that the video shown was very good; however, 80% of the fire calls are medically related. Therefore, mandating sprinklers would not take care of the four-minute response issue. Mr. Merriwether indicated that very few firefighters have sprinklers in their homes. Jeff Monroe, Monroe House Moving, Quilcene, stated that homes that are moved are considered new construction and must install sprinklers. Sprinklers cannot be economically retrofitted and will, therefore, result in the homes being taken to the landfill. Ron Farrington, 631 E. 1 lth Street, expressed concern with the increase in interest rates and taxes. Mandating sprinkler systems will add one more burden to home builders and buyers and could put some people out of the buying market. He felt sprinklers should be voluntary, not mandatory. Jim Reed, 485 Blue Mountain Road, President of the Home Builders Association, spoke in opposition to mandated sprinldering systems. Using the overhead projector, Mr. Reed showed the Council the cost breakdown for sprinkler installation, with a fmal total of $1.68 per square foot of house. Mr. Reed felt that eventually a new substation will have to be built, and these home owners will be obligated for the new station as well as the sprinkler system. Out of 350 homes built/purchased through FHA in the past eight years, only one has been involved in a fire. A discussion followed regarding the cost of sprinkler installations. Art Dunker, 2114 W. 6th Street, spoke in opposition to this mandate. He quoted from a letter received from Washington Manufactured Housing Association. Mr. Dunker felt it was clear that the City had no jurisdiction whatsoever over manufactured homes. There is more danger of a fire in an older home than in a new one. He was dismayed to learn that the new fire station must be inadequate for the City's needs, hence the need for mandated fire sprinklers. James Schouten, 4619 Old Mill Road, stated that the Comprehensive Plan addresses affordable housing concerns and considerations. Mandating fire spdnklering systems would be a needless cost-inflating measure, which would put affordable housing out of reach for many. Break Mayor Sargent recessed the meeting for a break at 9:45 p.m. The meeting reconvened at 10:00 p.m. Stew Kedish, 2012 W. 6th Street, spoke in opposition of the sprinklering issue. He asked that the Council members put themselves in this situation and consider how it would feel if they had the extra personal expense. Larry Leonard, 1030 Olympus, reminded the Council that this issue came up about six years ago. At that time, a compromise was reached wherein only multi-family housing would be sprinklered. He felt sprinklers should be voluntary and echoed the concern of others that this mandate would put affordable housing out of reach for .many. Roger Wheeler, 514 Irving Jacobs Road, Past President of the Home Builders -5- 29~3 CItY COUNCIL MEE~IN~ February 7, 1995 LEGISLATION: Association, asked who would be responsible for upgrading the system if the water (Cont'd) flow was inadequate for a sprinkler system. Fire Marshal Becket responded, and stated that this had been addressed about a year ago when the Public Works Development Standardsfor Department requested and received an ordinance change that required new Urban Services - construction to have a 1 ~ tap supplied. Ordinance No. 2857 & At Council's request, Fire Marshal Becket explained the combined sprinkler system, · Comprehensive Plan and why Medic I did not have to have a four-minute response time. In addition, Amendment - concern was expressed that a person remodeling their home would have to install Ordinance No. 2858 sprinklers. Attorney Knutson explained that the fire sprinkler mandate would only (Cont'd) apply to newly constructed homes and homes that are rebuilt to more than 75% of the original structure. Larry Leonard returned to the podium and stated he felt it was important to find out whether this mandate applied to manufactured homes before this ordinance was passed. Rick Anderson, owner of LBR Construction, 618 Peabody Street, also felt sprinklers should be voluntary, not mandatory. He advised the Council that he is a County resident, and that he had voluntarily placed sprinklers in his home at the time of construction. He suggested that the City pay a portion of the cost of installation, thereby offering an equitable solution to the cost problem. Larry Glenn, retired Fire Chief, 50 S. Ridge View Drive, clarified several issues. He stated the propoSal for sprinklers in homes outside the four-minute response time had been studied for a long time. The National Association of Home Builders flew Chief Glenn to Washington DC, and then came to Port Angeles themselves to review plans for this combined system. Former Chief Glenn continued that when the new fire station was being considered, a study was done which proved that the City would have to have one centrally located station or three separate stations to effectively respond to calls. The City opted for one centrally located station in an effort to minimize costs to its citizens. Chief Glenn explained further how the four-minute response time was determined. He informed the Council that the City of Vancouver, Canada, has a sprinkler ordinance that covers the entire city. Tim Fraser, no address given, opposed the mandate. He expressed the opinion that citizens should be given the freedom of choice in this matter. There being no further testimony, the public hearing was closed at 10:00 p.m. Lengthy discussion followed. Councilman Braun reminded everyone that the Planning Commission had voted 7-0 on the development regulations; on the matter of the residential sprinkler system, the vote was 6-1 in favor. Councilman Braun then suggested giving homeowners a $100 rebate for installing sprinklers. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2857 AN ORDINANCE of the City of Port Angeles, Washington, implementing the new Comprehensive Plan provisions regarding urban services, amending Ordinance 2394 and Chapter 13.61 of the Port Angeles Municipal Code, and adopting Chapter 18.08 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title, and that $100.00 credit be given to defray cost for every new residential construction beyond the four-minute response time. Councilman Hulett inquired as to where the money for this credit would come from. Manager Pomeranz stated it would have to come from the General Fund. Councilman Ostrowsid seconded the motion. Councilman Schueler felt more discussion was needed on what type of inducements could be offered if sprinldering was voluntary, as well as what type of support the City would give its residents if it was mandatory. Discussion followed on where the money would come from to support this issue, and Planning Director Collins suggested a possible tax rebate. Discussion also centered around the cost of the fire station, and Manager Pomeranz indicated the cost of manpower is the key issue. In considering support of a financial incentive, Mayor Sargent expressed support to the level of 40 % of the cost of the sprinklers, as she felt the matter of saving lives to be essential. Councilman Doyle felt sprinklers to be unnecessary, as smoke detectors are acceptable. Discussion followed concerning the requirements of the -6- 2964 February 7, 1995 LEGISLATION: Comprehensive Plan, and Attorney Knutson clarified that the Comprehensive Plan (Cont'd) uses the word "should" which indicates there can be exceptions. However, the City must have some type of rogulation on this matter. Having no fire suppression Development Standards for regulation would require a change to the Comprehensive Plan. After further Urban Services - discussion, Councilman Hulett moved to amend the motion to withdraw the fire Ordinance No. 2857 suppression requirements from the ordinance, to direct staff to investigate & incentives and to obtain clarification of the manufactured homes issue, and to Comprehensive Plan be prepared to speak to various percentages of funding. Councilman Braun, as Amendment - maker of the motion, agreed but only if the issue returns to the Council for a Ordinance No. 2858 decision at its next meeting. Councilman Hulett agreed. A vote was taken on the (Cont'd) motion, which carried by a majority vote, with Councilmembers Doyle and McKeown voting in opposition. Mayor Sargent read the second ordinance by title, entitled ORDINANCE NO. 2858 AN ORDINANCE of the City of Port Angeles, Washington, implementing and providing a process for amending the new Comprehensive Plan, establishing a new title in the Port Angeles Municipal Code to be called "Growth Management", and adopting Chapter 18.04 of the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by rifle. Councilman Ostrowski seconded the morion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Councilman Hulett moved to approve Findings 1 - 18 and Conclusion A - B for both previous Ordinances, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember McKeown seconded the motion, which carried unanimously. Meeting Extended Councilman Ostrowski moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilman Braun seconded the morion, which carried unanimously. Enhanced 9-1-1 - B. Ordinances Not'Requiring a Public Hearing Ordinance No. 2859 1. Enhanced 9-1-1 Project Fund Ordinance Mayor Sargent reviewed the information provided by the Police Department and read the Ordinance by title, entitled ORDINANCE NO. 2859 AN ORDINANCE of the City of Port Angeles, Washington, establishing the Enhanced 9-1-1 Project Fund for administration of funds in connection with the Police Department building remodel, E9-1-1 equipment installation and personnel training. Councilman Ostrowski moved to adopt the Ordinance as read by rifle. Councilman Braun seconded the motion, which carded unanimously. Street Vacation - Petersen C. Resolutions Not Requiring Public Hearings I. Street Vacation Petition - STV 94(12)10 - Petersen, Portion of 5/6 alley. No action taken. Street Vacation- 2. Street Vacation Petition - STV 95(03)02 - Serenity House, Portion of Serenity House- Eighteenth Street between ~D' and 'E" Streets Resolution No. 1-95 Mayor Sargent reviewed the information provided by the Planning Department and read the Resolution by title, entitled RESOLUTION NO. 1-95 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of Eighteenth Street -7 - 29&5 CITY COUNCIL MEETING Febnmry 7, 1995 LEGISLATION: between MD~ and ~E~ Streets. (Cont'd) Councilman Schueler moved to pass the Resolution as read by title. Street Vacation - Serenity Councilmember McKeown seconded the motion, which carried unanimously. House - Resolution No. 1- 95 (Cont'd) Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items I. Substantial Development Permit - Daishowa - SMA 95(01)148, Marine Shoreline Substantial Drive: Request for a substantial development permit to allow the Development Permit - construction of a dust collection system to the existing recycled paper mill Daishowa site located in the M-2, Heavy Industrial District. Mayor Sargent reviewed the information provided by the Planning Department. Councilman Schueler moved to approve Shoreline Substantial Development Permit SMA 95(01)148, subject to Conditions 1 - 2 and citing Findings 1 - 9 and Conclusions A - C, as set forth in Exhibit "C", which is attached to and becomes a part of these minutes. Councilman Doyle seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. 2. Planning Commission Minutes of January I1, 1995 Councilman Schueler moved to accept the Planning Commission minutes of January 11, 1995. Councilman Hulett seconded the motion, which carried unanimously. 3. Planning Commission Minutes of January 18, 1995 Councilman Hulett moved to accept the Planning Commission minutes of January 18, 1995. Counciimember McKeown seconded the motion, which carried unanimously. Shoreline Substantial 4. Shoreline Substantial Development Permit - SMA 94(12)146 - Port of Port Development Permit - Port Angeles, Ediz Hook: Request for a substantial development permit to allow of Port Angeles a shoreline rehabilitation project Mayor Sargent reviewed the information provided by the Planning Department. coUncilmember McKeown moved to approve Shoreline Substantial Development Permit SMA 94(12)146, subject to Condition 1 and citing Findings 1 - 9 and Conclusions A - C, as set forth in Exhibit "D", which is attached to and becomes a part of these minutes. Councilman Doyle seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. 5. Planning Commission Minutes of January 25, 1995 Councilman Braun moved to accept the Planning Commission minutes of January 25, 1995. Councilman Hulett seconded the motion, which carried unanimously. E. Other Considerations Hotel/Motel Tax Increase I. Hotel/Motel 2% Tax Increase Rick Hert advised the Council that it is unlikely the proposed 2 % tax increase will be passed by the legislature this year. In spite of this, he requested that Council sign a letter supporting the tax increase. Mr. Heft noted the RV parks had been left out of the equation. Discussion followed, and Councilman Doyle moved to authorize the Mayor to sign a letter of support for the 2% tax increase, with the letter to be revised to show two at-large tourist related business persons are on the committee. Councilman Hulett seconded the motion, which carried unanimously. Multi-Modal Action Plan 2. Acceptance of Multi-Modal Action Plan Mayor Sargent reviewed the information provided by the Public Works Department. Councilmember McKeown moved to accept the final Port Angeles Multimodal Transportation Project Action Plan Report; authorize the establishment of a - 8 - February 7, 1995 LEGISLATION: steering committee; direct staff to draft procedures, subject to City Manager and (Cont'd) Mayor approval, to be used by the City Council for selection of steering committee membership; and direct staff to prepare a recommendation, after Multi-Modal Action Plan reviewing the Consultant Roster, for use of consultants. Councilman Hulett (Cont'd) seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Financial Report on City' s 3. Financial Report on Status of City's Health Benefits Health Benefits Manager Pomeranz pointed out that, by going with the AWC Health plan, the City has experienced no increases in the cost of health benefits and is actually expecting a $400,000 annual savings. Growth Management Act 4. City of Port Angeles' Position on Growth Management Act Mayor Sargent reviewed the information provided by the Ad H°c GMA Opt Out Committee. She advised the Council that the City was informed the Port Angeles Commissioner and the West end Commissioner would not agree to sign the agreement drafted by the City Attorney. Mayor Sargent recommended that the City support Option #1 as set forth in the packet memo. A discussion followed, with Councilman Schueler requesting information on how the Growth Management Act would affect annexations. Planning Director Collins responded, and it was noted that it would be to the City's advantage to stay within the GMA. Councilman Schueler moved to take no public stance and/or go along with AWC's position, which is most likely either to oppose GMA opt out or ask that cities have a role in the County's decision to opt out. Councilmember McKeown seconded the motion. Discussion followed, and Manager Pomeranz pointed out that this is an and/or motion, and one or the other must be chosen. Attorney Knutson stated that he had spoken to the AWC staff person doing the survey; he explained what these options entail. By asking that cities have a role in the decision to opt out, the AWC is proposing that 60% of the cities representing 75% of the incorporated population would have to agree to opt out. Councilmember McKeown withdrew the second; the motion died for lack' of a second. Councilman Doyle moved to go along with Option//3. The motion died for lack of a second. Planning Director Collins suggested a revision to Option #1, and Councilman Schueler moved to support AWC's position to oppose Growth Management Act opt out, or ask that cities have a role in the County's decision to opt out. Counciimember McKeown seconded the motion, which carried by a majority vote, with Councilmen Doyle and Ostrowski voting in opposition. Clallam County Boundary 5. Appoint Council Member to Clallam County Boundary Review Board Review Board Mayor Sargent reviewed the letter from the County Administrator, and at the Council's request, Manager Pomeranz explained how Carl Alexander came to be nominated. A vote was taken on appointing Carl Alexander to. the Clallam County Boundary Review Board, which was unanimous. Fire Chief Selection 6. Appoint Council Member to Serve on Fire Chief Selection Committee Committee Mayor Sargent reviewed the information provided by the City Manager's office. Councilman Ostrowski moved to approve the appointment of Councilman Braun to the Fire Chief Interview Board. Councilman Schueler seconded the motion, which carried unanimously. Computer Committee 7. Appoint Council Member to Join the Computer Committee Mayor Sargent reviewed the information provided by the Finance Department. Councilmembers McKeown and Doyle volunteered to serve on this committee. Console Support System/ 8. Issuance of Request for Proposal for Console Support System/Police Police Communications Communications Center Center Mayor Sargent reviewed the information provided by the Police Department. Councilman Braun moved to approve the issuance of a request for proposals for a console furniture support system. Councilmember McKeown seconded the motion, which carried unanimously. '9- CITY COUNCIL MEE'r~NG February 7, 1995 LEGISLATION: Police Chief Ilk informed the Council that President Clinton would be announcing (Cont'd) tomorrow the grant awards for the Federal Crime Bill; the City of Port Angeles is to receive $75,000. Console Support System/ Police Communications Center (Cont'd) Surplus Computers 9. Surplus Computers Donated to Healthy Families of Clallam County Donated to Healthy Families Mayor Sargent reviewed the information provided by the Police Department. Counciimember McKeown moved to authorize the donation of two 286 based computers to Healthy Families of Clallam County. Councilman Braun seconded the motion, which carried unanimously. Rescission of Earnest 10. Rescission of Earnest Money Agreement for Old City Hall Money Agreement for Old City Hall Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowski moved that the rescission be approved and the Mayor authorized to sign the agreement after signature by the Buyer. Councilman Doyle seconded the motion. After a limited discussion, a vote was taken on the motion, which carried by a majority vote, with Councilman Schueler abstaining. Extension of Earnest 1 I. Extension of Earnest Money Agreement with Serenity House for 18th Street Money Agreement with Property Serenity House Mayor Sargent reviewed the information PrOvided by the Public Works Department. Councilman Braun moved to approve the extension to no later than April 1, 1995. Councilman Schueler seconded the motion, which carried unanimously. Agreement with 12. Agreement with Albertson's for Right-of-way Compensation Albertson' s Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Ostrowsld moved to sign an agreement Albertson's to offset the cost of the required offsite traffic signal by $40,000 as a credit against compensation owed by Albertson's to the City for vacation of a City street. Councilman Hulett seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Clallam County 13. 1995 Contract with Clallam County Emergency Medical Services/Trauma Emergency Medical Care Council, Inc. Services Mayor Sargent reviewed the information provided by the Fire Department. Councilman Braun moved to authorize the Mayor to sign the 1995 contract with the Emergency Medical Services/Trauma Care Council. Councilman Doyle seconded the motion, which carried unanimously. Employment Contract for 14. Employment Contract for Electrical Engineer/Project Manager Electrical Engineer Mayor Sargent reviewed the information provided by the Light Department. Councilman Braun moved to authorize the City Light Director to sign the one- year employment contract for an Electrical Engineer/Project Manager. Councilman Doyle seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Contract with Ryan 15. Contract with Ryan Planning Resources for Supplementary ElS for rezones Planning Resources to implement the Comprehensive Plan. Mayor Sargent reviewed the information provided by the Planning Department. Councilman Hulett moved to approve the contract with Ryan Planning Resources and authorize the City Manager to sign the contract. Councilmember McKeown seconded the motion, which carried unanimously. Contract With 16. Contract with United Way United Way Mayor Sargent reviewed the information provided by the City Clerk. Councilmember McKeown moved to approve the contract with United Way for administration of the City's 1995 Haman Services funds. Councilman Doyle seconded the motion, which carried unanimously. - 10- 2968 February 7, 1995 LEGISLATION: 17. City Manager Evaluation (Cont'd) Mayor Sargent stated that the City Council had evaluated the City Manager's City Manager performance and rated it as excellent. Councilman Doyle moved to grant the City Evaluation Manager a one-step salary increase and also to extend his employment agreement to August 13, 1998. Councilman Ostrowski seconded the motion. Councilman Schueler lauded the efforts of City Manager Pomeranz and stated he felt the City could continue to rely on Manager Pomeranz for his excellent leadership skills. A vote was taken on the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 12:25 p.m. -11 - Exhibit "A" ZONING CODE AMENDMENT - ZCA 95(01)01 - LAND TITLE COMPANY, CSD, Community Shopping Districts, City-wide: Findings: 1. The proposed amendment has been made by existing businesses to clarify code language which they believe imposes an unnecessary restriction on commercial developments abutting alleys in the CSD Zone. 2. The Comprehensive Plan has been reviewed with respect to the proposal, and Land Use Goals C, D, E and Policies E2 & E3; Transportation Goal B and Policies B. 11 & B. 14; Utilities Policy D5; Economic Development Goal A and Policies Al, A3, A4 have been identified in particular. 3. Thc Community Shopping District (CSD) Zone represents those areas where businesses are serving the immediate needs of the surrounding residential zones and which provide a transition area from the most restrictive commercial zones to those of lesser restrictions. 4. The CSD Zone allows a variety of commercial uses including offices, supermarkets, restaurants, service stations, and taverns. 5. A Determination of Non-Significance was issued for the proposal on December 23, 1994. Conclusions: A. The Zoning Code Amendment is in the public use and interest, because it clarifies restrictions necessary for commercial development abutting an alley and/or residentially zoned property. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies as identified in the staff report by promoting retention and modernization of existing businesses and maintaining Port Angeles as a major economic center. C. The Zoning Code Amendment is consistent with the intent of Chapter 17.22 of the Port Angeles Municipal Code to provide a transition area from the most restrictive commercial zones to those of lesser restrictions while serving the immediate needs of the surrounding residential zones. Adopted by the Port Angeles City Council at its meeting of February 7, 1995. Sargent, MaWr ~'~TTE~T: ~5~,c~. Upto~ City C~erk 2770 Exhibit "B" DEVELOPMENT STANDARDS FOR URBAN SERVICES ORDINANCE AND COMPREHENSIVE PLAN AMENDMENT PROCESS ORDINANCE: Findings: 1. The Growth Management Act of 1990 required that the City of Port Angeles adopt a Comprehensive Plan and Development Regulations consistent with the Act and its goals. 2. Over four years ago the City of Port Angeles formed a citizen's Growth Management Advisory Committee to recommend a Comprehensive Plan and Development Regulations based on community involvement with early and continuous public participation in the planning process. 3. The Growth Management Advisory Committee has met weekly for many of the months during this long planning process, and the City has held numerous public meetings and public hearings on each step in this process. 4. On June 28, 1994, the City of Port Angeles adopted a Comprehensive Plan in compliance with the Act and the legislative deadline of July 1, 1994. 5. The City was granted a six month extension of the legislative deadline for adoption of Development Regulations to January 1, 1995. - 6. On December 14, 1994 the Planning Commission held a public hearing on this item and received considerable public testimony requesting additional time to review the proposed ordinances. 7. On December 14, 1994 the Planning Commission continued its public hearing on this item to January 18, 1995. 8. On December 20, 1994 the City Council held a public hearing on this item and also received public testimony requesting additional time to review the proposed ordinances. 9. On December 20, 1994 the City Council continued its public hearing on this item to February 7, 1995. 10. On January 18, 1995 the Planning Commission held a continued public heating on this item, received additional public testimony and recommended the City Council adopt the - proposed ordinances as amended. 11. Titles 11 (Streets and Sidewalks), 13 (Public Works), 14 (Building & Construction), 15 (Environment), and 16 (Subdivisions) of the Port Angeles Municipal Code (PAMC) have been reviewed as part of this analysis. 12. Titles 11, 13, 14, 15, and 16 of the PAMC, are five of the six primary titles that - implement the Comprehensive Plan. 13. The City's Development Regulations including Titles 11, 13, 14, 15, and 16 of the (PAMC) must be consistent with the Comprehensive Plan's Goals, Policies and Objectives. 2~7~I 14. Titles 11 and 15 are already generally consistent with the Comprehensive Plan's Goals, Policies and Objectives. 15. Title 17 (Zoning) of the PAMC is being reviewed and revised for compliance with the Comprehensive Plan separate from this action. 16. The addition of Title 18 (Growth Management) including Chapter 18.04 to the PAMC is required to establish procedures for implementation and amendment of the Comprehensive Plan. 17. Notice for these amendments to Titles 13, 14 and 16 of the PAMC and the addition of Title 18 including Chapter 18.04 was given per the City and State legal requirements. 18. A programmatic Environmental Impact Statement for the Comprehensive Plan was issued on August 6, 1993, and included review of impacts related to implementation of the Comprehensive Plan's Goals, Policies and Objectives. Conclusions: A. The amendments to Titles 13, 14 and 16 of the PAMC and the addition of Title 18 including Chapter 18.04 are consistent with the Comprehensive Plan's, Goals, Policies and Objectives of the Growth Management Act. B. The amendments to Titles 13, 14 and 16 of the PAMC and the addition of Title 18 including Chapter 18.04 are in the public use and interest. Adopted by the Port Angeles City Council at its meeting of February 7, 1995. (,,{o~n K. Sargent, M(tyJ~r ~'-TTESTi CI~k~ J. Uptc/n, City C-i-erk SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT- SMA 95 (01)148 - DA ISHOWA Marine Drive: Conditions: 1. Proper erosion and sediment control practices shall be used on the construction site and adjacent areas to prevent upland sediments from entering any marine waters. 2. Any unimproved areas disturbed or created by construction activities shall be revegetated. Findings: 1. The applicant, Daishowa America Co., Ltd. applied for a Shoreline Substantial Development Permit on November 28, 1994. 2. A Mitigated Determination of Non-Significance (MDNS) was issued by the City of Port Angeles SEPA Responsible Official on December 13, 1994. 3. The City received one comment on the MDNS from the State Department of Ecology which is addressed in the conditions of approval. - 4. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 5. The application is to construct a dust collection system for use by the existing recycled paper mill. 6. The facility is on the site previously occupied by a S'Klallam Village. Because the project involves excavation of earth, an MDNS was issued which requires monitoring by a qualified archeologist. 7. The project has been previously excavated and filled with new material to a depth of at least four feet. The applicant stated that the project excavation would be not exceexl approximately eighteen inches to support foundation footings. 8. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance .... have been reviewed with respect to this application. 9. The site is zoned M-2 and designated Heavy Industrial in the Comprehensive Plan. Conclusions: -- A. As conditioned, the project is consistent with the City's Shoreline Master Plan's Urban Environment Policies C.4, D.7, and F. 18 as well as the City's Comprehensive Plan Land Use Policy H, 13 and Conservation Policies B, 10 and 18. B. As conditioned, the project will not be detrimental to the shoreline. 2?73 C. The project will improve air quality for employees of Daishowa America Mill plant. Adopted by the Port Angeles City Council at its meeting of February 7, 1995. A-'--TTEST.'- ~k~J. Uptod, city Clerk 2974 Exhibit "D SHORELINE MANAGEMENT PERMIT - SMA 94(12)146 - PORT OF PORT ANGEI.ES. Ediz Hook: Condition: 1. The applicant shall retain a qualified archaeologist to be on-site and monitor the excavation activities. Upon discovery of evidence of possible archaeological significance, the applicant shall follow the recommendations of the archaeologist for proceeding, consistent with all relevant state and federal historic preservation laws. This condition shall be removed if the City receives documentation from the Lower Elwha S'Klallam Tribe recognizing that an archaeologist is not required to monitor the excavation. Findings: 1. The request is for approval of a substantial development permit to allow restoration to a natural condition a beach area on the harbor side of Ediz Hook, about 600 feet west of the entrance trestle to the A-frame log dump. 2. The restoration involved removal of a 1210 s.f. boat ramp and supporting wood bulkheads and piling, 62 lineal feet of concrete bulkheads and piling, a small concrete pad and miscellaneous debris. The site will be regrading and 39 cubic yards of material will be removed. ,- 3. The Shoreline Master Program identifies the site as Urban, and the following regulations have been found to be the most relevant: General Regulations C.4, 6 & 7; Land Use Element D.6; and Use Activities F.18.a. b & c. 4. Numerous goals and policies of the Comprehensive Plan have been identified which stress the importance of protecting the shoreline environment and water quality. 5. The site is on the border between Heavy Industrial and Open Space Comprehensive Plan Map. The spit is zoned Heavy Industrial (M-2). 6. The project is proposed as mitigation pursuant to Department of Fisheries and Army Corps of Engineers permits for the proposed improvements to the Black Ball Ferry terminal. 7. The site is near the S'klallam village site at the base of Ediz Hook. Cultural artifacts have been found near the Dalshowa Mill and on Ediz Hook. 8. The facilities to be removed have been abandoned and not used for the past 30 years. 9. The Port of Port Angeles, acting as lead agency, issued a Determination of Non- Significance for the project on November 4, 1994. Conclusions: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically those policies identified in Finding No. 3. 2~75 B. The use is consistent with the Heavy Industrial designations of the Zoning Ordinance and Comprehensive Plan. Consistent with the Conservation Element of the Plan, the proposal will improve the shoreline environment. C. The proposal will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of February 7, 1995. ATT-EST: (~kyC0. Op~od, city Clerk