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HomeMy WebLinkAboutMinutes 02/18/1997 3446 CITY COUNCIL MEETING Port Angeles, Washington February 18, 1997 CALL TO ORDER - Mayor Ostrowski called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING: 6:30 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, B. Titus, B. Coons, B. Jones, and K. Ridout. Public Present: S. Zenovic, B. Dawson, and E. Seeondez. Interview Applicants for The City Council interviewed applicants Martie Lucas and Freckic Hewins to fill a vacancy Boards and Commissions on the Planning Commission. ADJOURN SPECIAL The special meeting was adjourned at 6:55 p.m. MEETING: CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 7:02 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. After the Pledge, ALLEGIANCE: Mayor Ostrowski asked for a moment of silence to honor the three members of the Coast Guard who passed away last week. He expressed the City's gratitude to all Coast Guard members and deepest sorrow to the families and friends of those who passed away during a rescue attempt. APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINUTES: February 4, 1997. Councilman Hulett seconded the motion, which carried unanimously. CEREMONIAL Pedestrian Safety Citation - Three Consecutive Pedestrian Fatality Free Awards to the MATTERS/ City of Port Angeles from American Automobile Association (AAA Washington) PROCLAMATIONS: Mayor Ostrowski asked Police Chief Ilk to come forward and accept on behalf of the City Pedestrian Safety Citation the Pedestrian Safety Citation from the American Automobile Association. FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: 1) Amendment to contract - Criminal Justice issues; 2) Out-of-state travel to FEMA; 3) Payroll - February 9, 1997 - $354,424.14; 4) Voucher list - February 14, 1997 - $435,150.05. Councilman Campbell seconded the motion, which carried unanimously. ITEMS FROM THE Councilman Hulett asked to add item D. 8., a report on a possible alternate transfer station AUDIENCE/COUNCIL/ for Clallam Transit. STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: -1- 3447 CITY COUNCIL MEETING February 18, 1997 PUBLIC HEARINGS: 1. Appeal of the Conditions of Approval for a Preliminary Short Plat - M & R U.S. Development - SHP 06(10)08 - 4/5 Alley: Appeal of conditions to provide a fire Preliminary Short Plat- hydrant and upgrade to the access roadway for a three-lot short plat in a M & R U.S. Development residential zone. (Continued fyom February 4, 1997) Estates Phase II Councilman Wiggins excused himself from participating in this consideration, and he departed from the meeting at 7:10 p.m. Mayor Ostrowski reviewed the information provided by the Planning Department. Planning Director Collins pointed out that the packet contained both a letter from Polaris regarding discussion and revision of two oi~the Conditions of the short plat. He stated that the Findings and Conclusions on page 38 of the packet were incorrect, as these were the Findings and Conclusions should the Conditions be eliminated. A revised set of Findings and Conclusions were distributed to the Councilmembers. Director Collins felt the revisions were consistent with the wishes of the applicant and the City. He deferred to the Public Works Director for clarification of other issues. Director Pittis stated that he had made an error. Revised Condition #5 states the existing utility poles within the alley in fi'ont of the site do not have to be relocated. However, if curb protection cannot be provided for the pole near the intersection at the time of paving, the pole will be on the edge of the roadway and have some liability for the City. If the City cannot provide a means to deal with this pole, then the utility will have to pay for the relocation of the pole. Mayor Ostrowski continued the public hearing at 7:15 p.m. Mayor Ostrowski asked Steve Zenovic, Polaris Engineering, 206 S. Lincoln Street, to approach the dais in order to respond to questions. Councilman Doyle asked Mr. Zenovic ffhe felt the new Findings and Conclusions satisfied his client and he responded affu-mafively. There were no further questions and no public testimony; therefore, Mayor Ostrowski closed the public hearing at 7:16 p.m. Councilman Doyle asked if the Fire Department was satisfied by the revised Findings and Conclusions, and Fire Chief Becket answered in the affn'mafive. Councilman campbell moved to approve the revised Conditions 1 - 9, Findings 1 - 3, and Conclusions 1 - 2 in support of the appeal, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes, and Findings 1 - 9 and Conclusions A - C in support of the original approval of Preliminary Short Plan 96(10)08, 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. Councilman Wiggins returned to the meeting at 7:20 p.m. LEGISLATION: A. Ordinances not Requiring Public Hearings Solid Waste Rate Amendment to Solid Waste Rate Ordinance Ordinance No. 2950 Mayor Ostrowski reviewed the information provided by the Public Works Department. Manager Pomeranz explained that this amendment will allow the City to negotiate with the three separate commercial haulers. The agreements will then be brought back to the Council for approval. Mayor Ostrowski then read the Ordinance by title, entitled ORDINANCE NO. 2950 AN ORDINANCE of the City of Port Angeles establishing a new sanitary landfill rate classification for commercial haulers of large quantities of compacted refuse and amending Ordinance No. 2317, as amended, and Chapter 13.56 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Wiggins seconded the motion. Councilman Campbell stated that this Ordinance eliminates the concern that outside haulers will take their business elsewhere and provides the City with a means to find an equitable rate to meet their needs. Staff efforts produced a means of protecting the City's bonded indebtedness. He felt it was a real breakthrough in meeting the needs of all involved. After further brief discussion, a vote was taken on the motion, whleh carried unanlmously. Agency Representative B. Resolutions not Requiring Public Hearings for FEMA Funds Designation of Agency Representative for FEMA Funds Mayor Ostrowski reviewed the information provided by the Public Works Department and requested that Deputy Public Works Director Ridout provide clarification. Mr. Ridout explained that the City can continue to report storm damages. Repairs will be covered by FEMA except for 12½%. FEMA representatives will come to Port Angeles and investigate . all the claims and then decide what is covered. At this time, it is known that the street -2- 3448 CITY COUNCIL MEETING February 18, 1997 LEGISLATION: buttons and pot holes will not be covered. (Cont'd) After further brief discussion, Councilman Wiggins moved to approve and authorize Agency Representative the Mayor to ,siglX-,th~. ~greement and appoint Ken Ridout as the City's for FEMA Funds (Cont'd) representative to FE~ for matters relating to this storm event. Councilman Hulett seconded the motion, which carried unanimously. C. Planning Commission Minutes/Action Items None. D. Other Considerations Appointment to Planning 1. Appointment to Planning Commission Commission Mayor Ostrowski stated there was a vacancy on the Planning Commission with a term expiring March 1, 2001. He asked Clerk Upton to poll the Council, and each Councilmember cast a vote for Martie Lucas who was, therefore, appointed to the Planning Commission for the term expiring March 1, 2001. Resignation from Parks and 2. Resignation of Bill Long from Parks and Recreation Board Recreation Board Mayor Ostrowski reviewed the information provided by the City Clerk. Councilman Hulett moved to accept the resignation of Bill Long from the Parks & Recreation Board and direct staff to advertise via news releases and the City newsletter to f'dl the vacancy. Councilman Braun seconded the motion, which carried unanimously. Senior Center Board 3. New Board Member Recommendation/Senior Center Board Mayor Ostrowski reviewed the information provided by the Parks and Recreation Department. Councilman Doyle moved to appoint Bob Burk, Ray Beaumariage, Herbert Spiegel, and George Stevens to fill vacancies on the Senior Center Board, with terms to expire March 1, 1999. Councilman Wiggins seconded the motion, which carried unanimously. United Way Contract 4. 1997 Contract with United Way for City of Port Angeles Human Services Funding Mayor Ostrowski reviewed the informati°n provided by the City Clerk. Councilman Braun moved to approve and authorize the Mayor to sign the contract with United Way for the administration of the City's 1997 Human Services funds. Councilmember McKeown seconded the motion. Councilmember McKeown stated United Way does an excellent job of administering these funds. A vote was taken on the motion, which carried unanimously. Bormy's Bakery Lease 5. Amendment to Bonny's Bakery Lease of OM Senior Center Building Mayor Ostrowski reviewed the information provided by the City Attorney. Councilman Doyle felt uncomfortable extending the lease for six months. He felt a 30-day extension should be ample. Councilman Campbell asked what damage was done by the storm. Manager Pomeranz stated that the Mr. Kelly was in the audience and could respond . · to questions. He also informed Councilman Doyle that it took about one month to get this item on the agenda; therefore, the Council may wish to go a month beyond February 13. Ed Kelly, co-owner of Bonny's Bakery, explained that the storm precipitated an increase in damage to the building. Until the roof is dealt with, nothing else can be done and it will take approximately one month for the roof to be repaired. Also, relating to seismic activities, the contractor found major construction problems specifically in the north wall on both floors. Work is being done as quickly as possible. Councilman Campbell asked if the damage was caused by a leaking roof and if work was ctarently bring done on the roof. Mr. Kelly responded that the roof could not be repaired until all the snow was gone. Also, he has been involved in discussions with City staff regarding the method of repair which will satisfy the needs of both the City and the bakery. After the roof is repaired, work can be resumed on the seismic work once the walls dry out. Councilman Campbell asked Mr. Kelly if he would be discussing target dates with his contractor. Mr. Kelly stated he hoped to have all the work done by April. He is asking for an extension to allow for unexpected contingencies. He had hoped to be in business by -3- 3449 CITY COUNCIL MEETING February 18, 1997 LEGISLATION: March 1. (Cont'd) Coun¢ilmember McKeown asked if the contractor could give Mr. Kelly a work schedule Bonny's Bakery Lease to help alleviate some of the Council's concerns. Mr. Kelly felt if the deadline was not (Cont'd) extended and the work was not completed by March 1, the default would be crippling. Public Works Director Pittis advised the Council that the roof would be insulated, and the City is providing assistanoe in this regard. An error was made by a supplier on which the City relied, as the wrong material was delivered to the site. This resulted in some of the clelay being e~. After further discussion, Mr. Kelly indicated an extension to April 30, 1997, would be workable. Councilman Wiggins moved to approve the amendment to the Bonny's Bakery lease of the old Senior Center building to April 30, 1997. Councilman Doyle seconded the motion, which carried unanimously. Termination of Power 6. Termination of Power Sales Agreement with Rayonier and Revision of S? Sales Agr~nnent with Rayonier Agreement with BPA Mayor Ostrowski reviewed the information provided by the Public Works Department and Deputy Director Titus provided clarification of the issue. Councilman Campbell moved · to authorize the Deputy Director of Utility Services to sign the termination agreement with Rayonier and the amendment to the SP Agreement with BPA. Councilman Braun seconded the motion, which carried unanimously. Pre-Annexation Agreement 7. Pre-Annexation Agreement for Industrial Site Mayor Ostrowski asked Planning Director Collins to review the issue. Director Collins stated the City was acting with the County in the Urban Growth Area. Staff is starting the process of reviewing development which occurs outside the City. In the past, the Council has dealt with similar issues for WalMart and the project on the former Loomis Tavern site. Director Collins continued to review the issue; he then asked that Attorney Knutson comment on the water and sewer services portion of the agreement. Attorney Knutson stated paragraph five of the agreement does not apply and should be deleted. The PUD does not provide water to this site, so the issue of availability of water is not of concern. Discussion followed and at Councilman Doyle's request, Director Collins described the site location. Mayor Ostrowski asked how the annexation study was proceeding, and Director Collins responded that the study has been moving more quickly as of late. He expressed hope to have some revenue figures in the near future. In addition, he felt the schedule and work products would be available in the spring. After further discussion, Councilman Doyle moved to approve the Eclipse development agreement and authorize the Mayor and City Clerk to sign following deletion of paragraph five. Councilman Wiggins seconded the motion. Further discussion followed, and Attorney Knutson offered clarification of several issues. A vote was taken on the motion, which carried unanimously. Clallam Transit 8. Clallam Transit Councilman Hulett stated that the Transit Authority is. discussing the placement of a transfer station at a new location. He asked Councilman Braun to give a report on what has been discussed regarding this issue at the Transit Authority Board meetings. Councilman Braun explained that the Multi-modal Transportation Center allowed for three buses to pull into an area for passenger pick-up and delivery. The Transit Authority was asking for 8 - 12 sites, which would not be physically possible on the proposed site. The Port had asked for the vacation of the Oak Street transfer station in the event of development of that site. Therefore, after discussing several other possible sites, it was decided to consider the parking lot behind the old Police Department. The property can be purchased through a grant. A staging area will be placed to accommodate 8 to 12 buses. Some off-street parking would be available to lessen the impact of losing a parking lot. Director Pittis stated the key issue is that the Transit Authority wanted to have an emergency plan in place should the Port fred a tenant for its property. This process was undertaken to find that alternative transfer station. Because of the width of Oak Street, it would be possible to move the current transfer station on Oak Street ten feet into the right- of-way in order to give the Port back its ten feet of land currently occupied by the transfer station. This option was explained to Mr. Diguilio in a meeting just held. Either of these plans would work with the Gateway Multi-Modal or Transportation Center. The consultant for Downtown Forward is aware of this, and it is being incorporated into the plans. Discussion followed, and Director Pittis responded to questions and clarified issues for the Council. Manager Pomeranz stated he is receiving a lot of questions from the public regarding the second project. Therefore, a lot of work will be necessary to obtain acceptance with the public. Manager Pomeranz expressed caution that the original project should be completed -4- 345O CITY COUNCILMEETING February 18, 1997 LEGISLATION: before proceeding on another in order to avoid confusion of the two issues. Discussion (Cont'd) followed with the suggestion being made that it may be appropriate to invite Mr. Diguilio to a Council meeting to further discuss the transfer station consideration. However, Clallam Transit Director Pittis stated that there ~11 be presentations of the Downtown Forward plan toMr~e. (Cont'd) Transit Boar~i, th~:Port 'and i~e City Council within the next month. He asked if . Diguilio might take part in that process and eliminate a special meeting. It was agreed this would be acceptable. Manager Pomeranz felt that support of the project that has been approved (Phase I) is the ultimate need. Later, if it is necessary to implement Phase II, this can be pursued. Mayor Ostrowski reminded the Council that there'is an Association of Washington Cities meeting scheduled for Wednesday and Thursday, February 19, and 20, 1997. Three Councilmembers and the City Manager will be attending and will be given the opportunity to speak to Senator Hargrove and Representatives Buck and Kessler. Break Mayor Ostrowski recessed the meeting for a break at 8:25 p.m. The meeting reconvened at 8:45 p.m. ADJOURN TO The meeting adjourned to Executive Session at 8:45 p.m. to discuss litigation and union EXECUTIVE SESSION: negotiations for approximately one-half hour. RETURN TO The meeting returned to open session at 9:30 p.m. OPEN SESSION: ADJOURNMENT: The meeting was adjourned at 9:30 p.m. ,,,~__..,x ~]-ty Clerk &t ~'] r ~d~or -5- 3451 THIS PAGE INTENTIONALLY LEFT BLANK 3452 Exhibit "A" REVISED CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF PRELIMINARY SHORT PLAT APPROVAL - M & R SUBDIVISION - "F" Street and the 4/5 Alley: 1. The final plat shall be entitled "SHP 96(10)08" and shall contain the appropriate signature blocks and certification from the County Treasurer that all 1996 property taxes have been paid along with a block for the recording information as described in Section 15.04.170 of the Port Angeles Municipal Code. 2. A ten (10) foot wide utility easement shall be granted as required by the City's Public Works Department and shown on the final mylar across the new Lot 1 following the path of the existing overhead service to the Dawson property. 3. Individual drainage plans will be required with building permits at the time of development to provide bank protection. a ,,,~ uymm,L cai~ bet,~,~a~u-' ......... ~ ..... LU .,uu ,~t~'- -' shall be installed at the northeast comer of "F" Street and Fifth Street in accordance with the City of Port Angeles IJrban Services Standards and Guidelines. Residential sprinkler systems for fire suppression shall not be required for any structure within this Short Plat. 5. The 4/5 Alley shall be maintained as an all weather surfacel~¥tum~: ~:~- - a: w,u~ access tv ~,, tm a minimum of 20 feet wide. Improvements to the alley shall be limited to the north side of the existing pavement. The applicant shall grant an easement, if required, to permit the widening to occur on the applicant's property. The existing utility poles within the alley in front of the site do not have to be relocated. 6. Building setback lines shall be shown on the final mylar consistent with the Polaris Engineering and Surveying, Inc. geological hazard analysis dated November 6, 1996, and all permanent structures shall be setback a distance of 85 feet from the top of the bluff consistent with the said Polaris report. 7. The recommended design criteria in the Polaris geological hazard analysis shall be required for all site development and noted on the face of thc final plat. 8. An environmentally sensitive areas tract shall be established on the final plat and recorded with the County Auditor. Fencing and signage shall be provided per the approval of the Planning D~partrnent consistent with the Environmentally Sensitive Areas Protection Ordinance. 9. Underground electrical service shall be provided for new residences on the three new lots. 3453 1. RCW 58.17.060 and .110, PAMC 16.04.140(E) and (I), and PAMC 18.08 set forth the requirements for public improvements for public safety and street access. 2. The City's Comprehensive Plan establishes Capital Facilities Goal B, Policies BI and B3, Objective BI, Goal C, and Policy C4 for the provision of minimum levels of service including street and fire services. 3. The Fire Department requested standard improvement requirements for the proposed replat. Conclusions: 1. State and local laws have significantly changed since the subdivision was approved in 1988 and now require that established minimum levels of service standards be met. 2. The circumstances of the proposed replat are similar to all proposed plat changes that will occur subsequent to the adoption of the 1994 Comprehensive Plan and implementing Urban Services Ordinance. Adopted by the City Council at its regular meeting of February 18, 1997. e~ Ostrowsk~ Becky Ji U~n,~ty C~ed ...... 3454 Exhibit "B FINDINGS AND CONCLUSIONS IN SUPPORT OF PRELIMINARY SHORT PLAT APPROVAL- SHP 96(10)08: 1. Approval is based on the preliminary plat submitted on October 11, 1996, and consists of replat of four lots into three lots and an adjustment of a boundary line with a fifth lot to the east. 2. Portions of the subject property are identified as Low Density Residential (LDR) and Open Space (OS) on the Port Angeles Comprehensive Plan land use map. 3. Portions of the subject property are identified on the Port Angeles Zoning Map as RS-7, Residential Single Family, and PBP, Public Buildings and Parks. 4. The RS-7, Residential Single Family zone requires a minimum of 7,000 square feet per building site. Lots in the short plat will be 27,575 sq. fi. (Lot 1), 24,650 sq.fi. (Lot 2), 24,680 sq.ft. (Lot 3), and 8,820 sq.fi. (revised Dawson lot, Lot 6, Block 115 TPA) in area. 5. Section 16.04.100 PAMC and 58.17.110(2) RCW requires that the Port Angeles Planning Director determine that appropriate provisions for public health, safety and general welfare, open spaces, drainage ways, streets, roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from schools have been considered in the proposal. 6. Comments from the Port Angeles Public Works, Light and Fire Departments in their review of the proposed short plat have been considered in the decision and conditions for preliminary approval. 7. The proposal has been reviewed with respect to the goals and policies of the City's Comprehensive Plan and Land Use Map. The Plan requires consistency with the Land Use Map (Land Use Policy A. 1 and A.2), concurrency for streets, water service, sanitary sewer service, and electrical service (Land Use Policy B.1 and Capital Facilities Policy A.9), reasonably shaped lots with access by alley or street (Land Use Policy B.2), preservation of existing unusual, unique, and interesting natural features, natural vegetation, and scenic views (Land Use Policies B.4 and I. 1 and Conservation Policies A. 1, A.2, A.3, B.1, B.2, B.4, B.5, B.6, B.15, and B.17) and encourages all new utility services to be underground (Utilities & Public Services Policy C.2). 8. Section 16.04.130 of the Port Angeles Municipal Code provides that within five (5) years of preliminary approval the applicant and/or property owner shall submit a final 3455 short plat to the Planning Department which is in compliance with the approved preliminary short plat as conditioned. Failure to submit a proposed revised final short plat within the five (5) years shall terminate the preliminary short plat approval. 9. A geological hazard environmentally sensitive area is present on the subject property. Conclusions: A. As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan and Zoning Code. B. The proposed short plat is consistent with the Port Angeles Short Subdivision regulations Chapter 16.04 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. Approval of the proposed short plat provides for the public health, safety, and general welfare of the community and serves the public use and interest. ( //~..__Adqpted by the City Council at its regular meeting of February 18, 1997. ~sper~tro~vski, May'"~6r ~