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HomeMy WebLinkAboutMinutes 03/07/1995 2982 CITY COUNCIL MEETING Port Angeles, Washington March 7, 1995 CALL TO ORDER - Mayor' Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:12 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, MeKeown, Ostrowski, and Schueler. Members Absent: Councilman Hulett. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, S. Ilk, J. Pittis, B. Tiros, M. Campbell, K. Ridout, S. Kenyon, D. Sawyer, and S. Hursh. Public Present: H. Frazier, C. Authiar, D. Ross, L. Thomson, A. Sang, S. Oliver, L. Torres, G. Goldberg, J, Melberg, M. Umbarger, R. Moorhead, M. Schaad, R. Thomas, W. Kershes, B. Chinneth, W. & M. Sohlberg, R. Hedwall, G. Schaad, J. Ortloff, C. Ortloff, B. Krauer J. Nelson, C. Pingel, C. Franklin, S. Jester, P. Waltenburg, P. Tietz, C. Kirkman, V. Murray, J. Garlick, B. Kalahar, S. Garlick, D. Zanon, H. & L. Norton, J. & N. Capener. Interview Applicants for The following were interviewed for the position on the Parks, Recreation and Parks, Recreation and Beautification Commission: Neal Capener, Georgetta Larson, Mike Glenn, and Bill Beautification Commission Long. ADJOURN SPECIAL The special meeting was adjourned at 7:05 p.m. MEETING: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:15 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Sargent. ALLEGIANCE: APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: February 21, 1995. Councilman Braun seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: CITY COUNCIL Councilman Ostrowski attended a Real Estate Committee meeting. No action was COMMITTEE taken, and a report will be given at the next meeting. REPORTS: Councilmember McKeown had no report. Councilman Doyle attended a Capital Finance Planning meeting. Councilman Braun attended a Clallam County Transit Board meeting, a Capital Finance Planning meeting, and the Real Estate Committee meeting. Councilman Schueler attended a Clallam County Community Network meeting, as well as a Public Health Advisory meeting. Mayor Sargent was out of town and, therefore, attended no meetings. However she 1 2983 CITY COUNCIL MEETING March 7, 1995 CITY COUNCIL commented on an ad that was placed in Sunday's paper by the VCB. Mayor Sargent COMMITTEE was very concerned that the VCB, which is funded by the City's hotel/motel taxes, REPORTS: spent over $1,251 to place a full page ad in the local paper, which does nothing to (Cont'd) promote or enhance tourism on the Peninsula. FINANCE: 1. Bid Award for Substation Transformer and Circuit Switcher Bid Award for Mayor Sargent reviewed the information provided by the Light Department. This Substation Transformer was an information only item; no action was taken. and Circuit Switcher CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, including: (1) Call for bids for replacement wheels for compactor; (2) Voucher list for March 3, 1995 - $271,569.79; and (3) Payroll of February 26, 1995 - $359,821.89. Councilmember McKeown seconded the motion. Councilman Doyle requested more information on replacement wheels for the compactor. Deputy Public Works Director Ridout explained that the City received a range of quotes from $18,900 to $30,000. The current wheels are at 60% efficiency. If the wheels are not replaced, the gears will be damaged. The new set of wheels should last through the life of the landfill. Councilman Doyle requested a progress report on the "Pass the Buck" program. Manager Pomeranz indicated this report would be submitted at the next Council meeting. A vote was taken on the motion, which carried unanimously. ITEMS FROM THE Mayor Sargent announced that there had been a request to remove item E.4. from AUDIENCE/COUNCIL/ the agenda, with possible placement on a future agenda. STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Zoning Code Amendment 1. ZONING CODE AMENDMENT- ZCA 94(11)07- Revisions to the City's Ordinance No. 2861 Zoning Code to ensure compliance with the newly adopted Comprehensive Plan (Continued from February 21, 1995) Mayor Sargent reviewed the information provided by the Planning Department and continued the public hearing at 7:30 p.m. Jack Glaubert, East Sequim Bay, thanked the Council for continuing this item at his request. He felt there were relations between the written ordinance and the zoning map which need to be dovetailed; however, he felt this was a simple housekeeping matter. He pointed out some of his concerns with the changes incorporated in the ordinance. Mr. Glaubert suggested that a section be added to Chapter 17.42, Forest Lands, which would allow a landowner to request that the City place his land in this zone. There is no language stating how this zone will be implemented. Planning Director Collins explained how the zoning would apply. Mr. Glaubert.expressed.eoncem with Chapter Section 17.24.230 F., on which Director Collins offered clarification. Mr. Glaubert felt that, in general, this was a good document, and he presented his written concerns to Clerk Upton. There was no further testimony, and the public hearing was closed at 7:47 p.m. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2861 AN ORDINANCE of the City of Port Angeles amending the City's Zoning code as set forth in Title 17 of the Port Angeles Municipal Code and Ordinance No. 1709, as amended, in order to comply with the City's newly adopted Comprehensive Plan and the State's Growth Management Act. Councilman Ostrowski moved to adopt the Ordinance as read by title. COuncilman Braun seconded the motion. Discussion followed, and Councilman Doyle asked why a Forest Land zone was added in an urban area. Director Collins explained that the Comprehensive Plan has polices regarding conservation and open space. The Forest Land Zone could facilitate some of those policies. Also, the City -2 - 2984 CITY COUNCE. MRk-TFING March 7, 1995 LEGISLATION: has never had commercial forest land proposed inside the city limits before; (Cont'd) however, this has changed. An application has been received for such land usage, and this action allows the growth and harvesting of timber for commercial purposes. Zoning Code Amendment Ordinance No. 2861 Attorney Knutson stated that due to computer problems, the Ordinance contains some (Cont'd) typographical errors. These errors will be corrected, and none of the changes would be substantive. A vote was taken on the motion, which carried unanimously. Director Collins reminded the Council that Findings and Conclusions, which were included in the Council's last packet, must also be adopted. Councilman Ostrowski moved to adopt Findings 1 - 14 and Conclusions 1 - 8, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. Rezone Request - 2.~ REZONE REQUEST- REZ 95(02)01 - SERENITY HOUSE, 18th Street Serenity House between "D" and "E' Streets: Request for rezone of approximately 2.3 acres of propertyfrom RS-7, Residential Single-Family, to RMD, Residential Medium Density. Mayor Sargent reviewed the information provided by the Planning Department and stated that the City has an agreement with Serenity House for the purchase of property in this area. However, this agreement is contingent upon Serenity House receiving the necessary funding and the rezone. The Council will treat this issue as it would any other rezone. Mayor Sargent then reviewed the hearing procedures to be followed; she asked that remarks be limited to five minutes. Director Collins clarified that the findings and conclusions for approval on page 140- 142 of the Council packet are those of the Planning Department. Mayor Sargent opened the public hearing at 8:05 p.m. Louis Torres, Olympic Development Planning, has been conducting business in the community for 15 years. Mr. Torres is the Planner for the Serenity House project, and he reminded the Council and audience that this is a rezone hearing, not a project heating. Mr. Torres stated his presentation involving project specific information was for clarification and full disclosure of intent only. Mr. Torres noted that an environmental checklist was submitted for review, as well as an engineering report, which successfully addressed all issues in the environmental impact statement associated with the Comprehensive Plan. Using the overhead projector, Mr. Torres described the area to be rezoned and demonstrated the specific property which would be involved in the Serenity House project. He emphasized those sections of the Comprehensive Plan which describe why this property is appropriate for a rezone to Residential Medium Density. Mr. Torres pointed out that there are numerous goals, policies and objectives in the Comprehensive Plan which support this proposal. He distributed copies of a legal opinion from the Clinical Law Program at the University of Washington, citing several RCW's whereby the opinion is expressed that the City would be required to approve the rezone request. Mr. Torres requested the Council's approval of the rezone. Steve Luxton, NTI Engineering, has been working on this project and is in favor of the rezone. Using various drawings in his presentation, Mr. Luxton stated that the project has been carefully studied to make sure it would cause the least impact to the neighborhood. Mr. Luxton reviewed the engineering issues, such as soil, drainage, and traffic impacts. Mr. Luxton introduced Bob Leach, traffic engineer on the project. Mr. Leach, an engineer with NTI, provided a traffic analysis for the project. Low traffic volume is anticipated and to minimize traffic impact, a circular traffic pattern is preferred. This will require no on-street parking. Mr. Leach described the traffic pattern NTI hopes to achieve, and how it will be accomplished. Ken Hayes, Hayes Architects, 453 W. Alder, Sequim, is the architect of record for this project. Mr. Hayes described how the project is being designed, and he indicated that neighbors, residents, staff members and counseling services were invited to participate in user group discussions in designing this project. Mr. Hayes described what he hoped to achieve with the design. Jim Nelson, 1121 W. 17th Street, stated that there were some inaccuracies in the presentation, particularly related to the proposed traffic pattern. Mr. Nelson pointed out that there is a paved alley between 16th and 17th Streets from 'D' to Streets, which sustains a great deal of traffic. This rezone will increase the potential for a child at play to be injured by alley traffic. 2985 CITY COUNCIL MEETING March 7, 1995 LEGISLATION: Sandy Oliver, 1022 S. "C" Street, Executive Director of Serenity House of Clallam (Cont'd) County, is the applicant for the rezone. Serenity House obtained, funding for the 16 units and is attempting to meet the second condition of a rezone. The Board of : Rezone Request- Serenity House has confirmed the need for viable housing options for homeless Serenity House families in Clallam County. Affordable housing is out of reach for many, and viable (Cont'd) housing with supportive services, education and training in a community village environment will help these people help themselves. Ms. Oliver then referred to the Comprehensive Plan and explained how the Evergreen Village Project falls within the goals and objectives set forth. She described what the Evergreen Family Village will accomplish and presented the Council with a petition containing 316 signatures and letters of support from various agencies and individuals. Ann Murray, 306 Lopez, has served as a consultant to Serenity House for two years in the development of programming and financing. Ms. Murray informed the Council as to who had donated funds to the project, how much had been donated, and why these entities had found this project worthwhile. The majority of these funds are based on whether the project has a site close to services and the ability to act in a timely manner. If the rezone is not granted, Serenity House will have to look for another site and could possibly lose some funding due to the time loss. Bob I2~ach, NTI, returned to the podium to clarify the traffic issue. Traffic will not be likely to use the alley if the Boulevard can be accessed by 18th Street, which will be a more direct route. Clair Kirknum, 1006 Glenwood, stated there is a minimum of 12 multi-family housing units in the area of ~C' Street where she travels on her way home. Ms. Kirkman understood the need for low-income, multi-family housing; however, she expressed concern with the traffic impact in the area under discussion. Entrance off 18th Street will be difficult, as this is a truck route. Ms. Kirkman asked the Council to consider the traffic patterns in this location; increasing growth in this area would encourage serious traffic accidents. Ms. Kirkman lauds the project, but is concerned over the adequacy of the roads. Ms. Kirkman also expressed concern over the lack of adequate police protection for this area. Glenn Goldberg, 310 Hillcrest Drive, Executive Director of Healthy Families of Clallam County, has an agreement with Serenity House to supply services to residents of the Evergreen Family Village. Mr. Goldberg expressed support for the rezone and believed it to be consistent with the Comprehensive Plan. Margaret Crawford, 2619 S. Race Street, spoke in favor of the rezone. Ms. Crawford has worked with families in the Serenity House shelter, and she felt that there needs to be a place in the community that can accommodate this type of facility. Ms. Crawford described the type of people who will take advantage of the Village and how great a need there is in this community for this project. Lance Norton, a resident at 14th and 'C' Streets, is employed by the County in juvenile services. He stated that 16th Street is a poor road, but he does not find it a difficult drive to get to work in the morning. The only problem is when one approaches Stevens School in the morning, and parents are dropping their children off. He could not see traffic as being a deterrent to the rezone. Mr. Norton was in support of the rezone, as well as low income housing. Paul McHugh, 532 Stone Road, Sequim, owns three multi-family properties in the neighborhood of the proposed rezone. Mr. McHugh expressed concern over the traffic patterns, as he felt it to be inappropriate for the alley shown by the Traffic Engineer for exit from the property to be utilized for that purpose. He felt his property would be adversely impacted by being encircled by the traffic pattern described. Mr. McHugh asked the Council, if the rezone is approved, that access be by 18th Street only and the alley utilized for emergency vehicles only. Mr. McHugh indicated he has been generally opposed to subsidized housing, but he felt this project meets a need. He, therefore, spoke in support of the concept. Rosemary Moorhead, 4124 Old Mill Road, confirmed that the Evergreen Family Village is a solid and good project. Ms. Moorhead is a social worker who has worked with low income families, and it has been her experience that there is a true need for this project. She agreed with those statements made by Margaret Crawford, and she supported the rezone. William Krauer, 1129 W. 17th Sti'eet, was opposed to the rezone. Mr. Krauer also expressed concern over impact of increased traffic in this area. Don Zanon, 1508 W. 12th Street, Director of the Peninsula Mental Health Center, indicated the Center would be providing support services for the residents of the Evergreen Family Village. There is an increasing need for this type of shelter in this community. Mr. Zanon also works for Habitat for Humanity and has discovered that -4- 2986 CITY COUNCIL 1V~q/~G March 7, 1995 LEGISLATION: there are homes that shelter several families because they cannot afford the expense (Cont'd) of their own homes. Mr. Zanon reminded the Council that there were similar traffic concerns over the park Vi~w~Villa project, but they have been proven groundless. Rezone Request - Mr. Zanon u~ged the'CO~ncii to support this project by granting the rezone. Serenity House (Cont'd) Pamela Tietz, 2138 W. 10th Street, Director of the Clallam County Housing Authority, spoke in support of the rezone. Affordable housing is greatly needed in this community. Betty Longshore, 1114 W. 16th Street, was opposed to the rezone. Ms. Longshore had submitted a petition to the Planning Commission, which was signed by 59 people, all living within three blocks of the proposed rezone. She felt it to be unfair that the City is the seller of the property, as well as the entity that will decide whether or not the rezone will be allowed. Ms. Longshore echoed the concerns regarding traffic hazards. Tony Kapetan, 1114 Madrona, spoke in opposition to the rezone. Mr. Kapetan read from a City report and from the Serenity House application regarding the proposal. He felt this area was already saturated with multi-family dwellings. He stated he had presented the Council with more than 100 signatures against the rezone, and the neighborhood has shown its opposition to this proposal. He urged the Council to have Serenity House apply for a rezone in a more appropriate location. Break Mayor Sargent recessed the meeting for a break at 9:20 p.m. The meeting reconvened at 9:35 p.m. Mayor Sargent announced that items E.2. and E.3. would be deleted from the agenda. Calvin Pingel, 1125 W. 17th Street, is blind and asked his daughter to read a statement he had prepared for the Council. According to the statement, Mr. Pingel was opposed to the rezone because it would decrease property values, adversely impact already crowded schools in the area, and adversely impact traffic. Jo Ann Capener, 1112 W. 16th Street, spoke in favor or the rezone. She felt it was in keeping with the Comprehensive Plan. Lily Thomson, 1228 W. 19th Street, spoke in opposition to the rezone. Ms. Thomson felt that, by allowing certain services in the Village, light industrial or commercial zoning has been created, as opposed to residential. Director Collins explained that the rezone would be for residential purposes; however, medium density residential has certain conditional uses. Applying for a Conditional Use Permit would be a separate process. Ms. Thomson was also concerned about water flow, as the area currently suffers from poor water pressure. She, too, was concerned with the impact on the already overcrowded schools and the devaluation of her property if the Village is approved. Ms. Thomson echoed the concerns of this being a conflict of interest to the City. Pat Kneely, 412 S. Lincoln Street, was in favor of the rezone, as rezoning is consistent with the City master plan. Ralph Thomas, 1217 W. 19th Street, echoed the comments brought forth by Ms. Thomson and stated that the neighbors do not want this facility in their neighborhood. Melanie Coltriter, 595 Gossett Rd., is a member of the Board of Directors of Serenity House and the County Supervisor for the Rural Economic and Community Development, better known as Farmer's Home Administration. Ms. Coltriter spoke in favor of the rezone and stated this was consistent with the City's Comprehensive Plan. She agreed there might be some traffic problems; however, she felt these could and would be resolved. Ms. Coltriter reminded people that many of the existing homes in this area were purchased through FHA as low income housing. She further stated that most of the children who will be attending the schools in this area are probably already in the school system. Lloyd Peterson, 201 E. Prairie, Sequim, retired architectural engineer and planning consultant, is a member of the Serenity House Board of Directors. Mr. Peterson spoke in favor of the project and felt the requested zone change was compatible with the area. He stated the project would be an asset to the community. Allan Wang, 90 King Street, member of the Board of Directors for Serenity House, spoke in favor of the rezone. The Comprehensive Plan was used to formulate the basis of this proposed project. He felt this was going to be an asset to the community, and he urged the Council to approve the rezone. -5- 2987 CITY COUNCIL MEETING March 7, 1995 LEGISLATION: Glynda Schaad, 219 Hawthorn Place, spoke in opposition to the rezone. Ms. Schaad (Cont'd) felt it was not possible for the Council to be unbiased regarding this rezone, as the City is the seller of the property. Rezone Request - Serenity House Mayor Sargent stated that the Council does not own the property. The City owns (Cont'd) the property, and the Council represents the citizens of the City. The contingencies were placed in the agreement because it was uncertain as to whether this would be a suitable rezone. Mayor Sargent stated that the Council had fair and open minds regarding this issue. Meeting Extended Councilman Ostrowski moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilman Braun seconded the motion, which carried unanimously. Joan Ortloff, 1115 W. 17th Street, stated she and her husband were in opposition of the rezone. Mike Schaad, 219 Hawthorn Place, spoke in opposition of the rezone. Mr. Schaad stated that most of those who spoke in favor of the rezone were involved in the Serenity House Project, they were not residents of the area under discussion. Mr. & Mrs. Schaad bought this property as an investment to help pay for the college tuition of their four children. This plan is in jeopardy, as their investment will be devalued if the Evergreen Family Village is approved. Mr. Schaad quoted from the Project's HUD application and disputed some of the claims made by Evergreen in that application. Mr. Schaad read a lengthy statement he had prepared on this issue. Councilmember McKeown requested that Mr. Schaad clarify his remark, '....considering the local people involved and the interesting political connections existing between people in a town of this size". Mr. Schaad explained that the people speaking as proponents of the project are all either professionally or economically involved in the project, and these were the political connections to which he was referring. Councilmember McKeown asked if Mr. Schaad was comfortable with the Mayor's claim that there is no conflict of interest. Mr. Schaad responded he was not. Marion Umbarger, 1211 W. i8th Street, spoke in opposition to the rezone. Mr. Umbarger expressed concern over traffic conditions and spoke disparagingly of the type of people who would be residents of the Evergreen Village. Robert Hedwall, 3636 Meadow Circle, built and owns two fourplexes adjacent to the area under discussion. Mr. Hedwall spoke in opposition to the rezone, as it will adversely effect his property value and the marketability of his fourplexes. William Sohlberg, 1622 S. "E' Street, purchased his home five years ago and was told at that time that the property under discussion was zoned single-family residential. He felt it was extremely unfair of the City to change that zoning at this point. He also expressed concern over the traffic problems that will occur if this rezone goes through. Sheila Jester, 1135 W. 17th Street, stated she and her husband are in oPposition to the rezone because of traffic concerns and concern for the safety of the children if traffic is increased. John Melberg, 1218 W. 17th, opposed the rezone due to traffic concerns. He hoped to see the neighborhood stay quiet and peaceful. Chris Franklin, 1131 W. 10th Street, spoke in opposition of the rezone, as it will devalue her father's home. Melanie Coltriter, 595 Gossett Road, returned to the podium to rebut remarks made regarding property values. Lily Thomson, 1228 W. 19th Street, returned to the podium to point out that those who spoke in favor of the rezone do not live in the immediate area of the rezone. She expressed concern over the fact that there are no sidewalks in the area; therefore, children on the way to school must walk in the roadway. Mayor Sargent stated that the Council members do have a copy of the minutes and testimony from the Planning Commission meeting. Sandy Oliver, 1022 S. 'C' Street, responded to several comments that were made. She stated that the Comp. Plan housing element policy states the City should help support the provision of transitional and temporary housing for the homeless and/or displaced families. The Comp. Plan's utility and public services section says the city should participate as a financial partner to support essential programs and services including low and moderate income housing programs and social and public health -6- 2988 CITY COUNCIL MEETING March 7, 1995 LEGISLATION: services. Ms. Oliver has looked into other sites for this project; currently there are (Cont'd) none available in the City. A land appraiser has informed Ms. Oliver that this project should neither incr ~e3~. nor decrease surrounding property. The School Board Rezone Request - has stated that they would n°t'~ppose this project since the bond issue was approved. Serenity House ProspeCtive tenants must have no history of felony crimes, sexual abuse, or domestic (Cont'd) violence, and this will be confirmed by State Patrol checks. Also, tenants must be Clallam County residents. Ms. Oliver declared that, contrary to popular belief, Serenity House has been at a disadvantage as a private non-profit developer. She asked the Council to approve the rezone. Mayor Sargent asked for a definition of a Clallam County resident. Ms. Oliver responded that the legal definition establishes residency at 90 days; however, priority will be given to longer term 'County residents. A question and answer period followed regarding the Evergreen Family Village project, and at Councilman Doyle's request, Ms. Oliver provided a brief history of Serenity House and explained how it is funded. Glynda Schaad, 219 Hawthorn Place, stated that there are many vacant rental units at this time, including low income rentals such as those at San Juan Apartments. She wondered how there can be so many homeless. She read .a quote from a book entitled, The Change Resisters. Mayor Sargent closed the public hearing at 10:45 p.m. Councilmember McKeown inquired into the problem of water pressure in the area, and asked for a fuller explanation of the alley issue. Director Collins stated that this would be addressed at the time of project review; however, staff did not seem to view this as a concern in regard to the rezone. If water is not available, no building would be allowed. Director Collins explained that there are two alleys in question: the 16/17 alley, which is improved, and the 17/18 alley, which is not paved. There is also 17th Street which has a full right-of-way, which is not improved, and 18th Street, which has a full right-of-way that is not improved. Currently, the only way to get through the site is via the alley. Any development which occurs on the north half of the block, between the 17/18 alley and 17th Street, will require the improvement of 17th Street, which will alleviate the traffic problem in the 16/17 alley. A discussion followed regarding traffic flow and the sidewalk program. Councilman Ostrowski stated that although this is a rezone issue, it was difficult to keep the specific site developments out of it. Councilman Ostrowski moved to deny the proposed rezone. For purposes of discussion, Councilman Doyle second~~u~ssi~o~o~w~_k with each member of th, eA~o.~un, c~ ~ ~-t~g]~lilYg-/h~ fire'Its of the rezone request. ~ &~'-k~--~2 ~'~'5~e~'"5. ~?~".meil that this was a very difficult decision to make. A vote was taken on the motion, which resulted in a tie, with Mayor Sargent and Councilmembers Doyle and Ostrowski voting for denial of the rezone, and Councilmembers McKeown, Schueler and Braun voting against the denial. Councilmember McKeown moved to table the issue until Councilman Hulett can review the testimony and the Council can take another vote. Councilman Braun seconded the motion, which carried unanimously. For the benefit of those present, City Attorney Knutson explained that the Council will not be discussing this issue with anyone before the next vote, and the vote will be based on the testimony heard at this meeting. Break Mayor Sargent recessed the meeting for a break at 11:15 p.m. The meeting reconvened at 11:25 p.m. B. Ordinances Not Requiring a Public Hearing None. Rules of Procedure - C. Resolutions Not Requiring Public Hearings Resolution No. 2-95 1. Rules of Procedure Mayor Sargent reviewed the information provided by the City Attorney and read the Resolution by title, entitled -7- 2989 CITY COUNCIL MEETING March 7, 1995 LEGISLATION: RESOLUTION NO. 2-95 (Cont'd). A RESOLUTION of the City Council of the City of Rules of Procedure - Port Angeles, Washington, revising the Council's Resolution No. 2-95 Rules of Procedure to adopt Robert's Rules of (Cont'd) Order, Newly Revised. Councilmember McKeown moved to pass the Resolution as read by rifle. Councilman Doyle seconded the motion, which carried unanimously. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items I. Planning Commission Minutes of February 8, 1995 Councilman Braun moved to accept the minutes of the Planning Commission meeting of February 8, 1995. Councilman Doyle seconded the motion, which carried unanimously. 2. Planning Commission Minutes of February 15, 1995 Councilman Doyle moved to accept the minutes of the special Planning Commission meeting of February 15, 1995. Councilmember McKeown seconded the motion, which carried unanimously. 3. Planning Commission Minutes of February 22, 1995 Councilmember McKeown moved to accept the minutes of the Planning Commission Meeting of February 22, 1995. Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Director Collins pointed out that there was someone in attendance prepared to address E.9.; he suggested this be moved up to be the next item considered. This was agreed to by the Council. Draft Port Angeles E. Other Considerations Regional Watershed Plan I. Review of the County °s Draft Port Angeles Regional Watershed Plan. Mayor Sargent reviewed the information provided by the Planning Department and invited County Water Quality Planner Leanne Jenkins to address the issue. Ms. Jenkins explained that Chapter 412 WAC recognizes that other jurisdictions are involved in implementing the watershed plan.. The agencies must be informed of their responsibilities under the plan and must submit a statement of concurrence in response. The statement is a recognition of the actions and responsibilities under the plan and a written commitment to work towards implementing those actions. Mayor Sargent asked for clarification of a portion of the policy changes recommended by the Planning Commission, which was provided by Senior Planner Sawyer. Planner Sawyer noted that the Planning Commission and staff are recommending that the Council concur with these policies in concept as they've been written, noting that some of the policies will require further review and approval. Mayor Sargent n~ted her dissatisfaction with having spent many hours ~gticipating -'~ '4h~) ~ ~ ~ in the committee s deliberations on this matter, only to realize that~l~R~s of the committee's suggestions had -a~ been maintained. Therefore, none of the  suggestions made were incorporated in the document. After further discussion and explanations regarding the Watershed Plan, it was the general consensus of the Council that further review would be in order. It was agreed that a special City Council meeting would be held on Tuesday, March 28, 1995, at 6:00 p.m. in the Council Chambers. Appointment to Parks, 2. Appointment to Parks, Recreation & Beautification Commission Recreation and BeautificationCommission Mayor Sargent stated that this was a difficult decision, as there were four good candidates to choose from. Clerk Upton polled the Council to fill the vacancy on the Parks, Recreation and Beautification Commission. A reverse alphabetical order poll was conducted, with Councilman Ostrowski casting a vote for Georgetta Larson. The remaining members of the Council cast votes for Bill Long who was, therefore, appointed to fill the position. -8- 2990 CITY COUNCIL MI:~FING March 7, 1995 LEGISLATION: 3. Hold Harmless Agreement for Use of College Facilities (Cont'd) Mayor Sargent. reviewed the information provided by the Parks and Recreation Hold Harmless Agreement Department. " for Use of College Facilities Councilman Braun moved to authorize the Parks and Recreation Director to sign the "Hold Harmless Agreement" with Peninsula College for the use of the gymnasium facility at Peninsula College. Councilmember McKeown seconded the motion, which carried unanimously. Rental Agreement with 4. Rental Agreement with Senior Nutrition Senior Nutrition Mayor Sargent reviewed the information provided by the Parks and Recreation Department. Councilman Ostrowski moved to authorize the Mayor to sign the Rental and Use Agreement between the City and the Clallam-Jefferson Community Action Council, Inc. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Agreement with County 5. Agreement with County for Wastewater Treatment Plant Operator III for Wastewater Treatment Plant Operator III Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Braun moved to authorize the Mayor to sign the agreement with Ciailam County. Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Initiative 164 6. 1995 State Legislature and Initiative 164 At Mayor Sargent's request, City Manager Pomeranz gave a brief explanation of Initiative 164. Councilman Braun moved that a letter should be written to Senator Hargrove to encourage the State Senate to refer Initiative 164, as written, to the voters in November without making it law. Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 12:25 a.m. -9- 2991 Zoning Code Amendment - Revisions to ensure compliance with the Comprehensive Plan 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 citizens' 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. The Development Regulations including the Zoning Code and Map must be consistent with the Comprehensive Plan and Land Use Map. 7. All properties throughout the City were reviewed for land use designation differences between the adopted Comprehensive Plan Land Use Map and the Zoning Map. 8. All differences between the Comp Plan and Zoning land use designations were considered by the Growth Management Advisory Committee and the Planning Department staff, and areawide zoning reclassifications were recommended by the GMAC to the Planning Commission and the City Council for resolution of these differences. 9. All Comprehensive Plan goals, policies, and objectives were considered by the GMAC in making recommended changes to the Zoning Regulations. 10. Notices for Zoning Code Amendments, including a new Forest Lands Zone, and Mapping Rezones were given per the City and State legal requirements for area-wide zoning amendments and reclassifications. 11. Notices of the area-wide zoning reclassifications and amendments were mailed to 132 different property owners of 180 properties affected by reclassifications and to 5 citizens requesting notification of changes in the Zoning Regulations. 12. Zoning classifications that permit the same uses or uses of less intensity than Comprehensive Plan land use designations are considered by the City to be consistent with the Comprehensive Plan. 2992 13. The Environmental Impact Statement on the Comprehensive Plan was adopted for the proposed changes in the Zoning Code Regulations. 14. The State Forest Practices Act preempts City zoning and other land use regulations in cases where commercial timber production is the long term proposed use of the land. The Forest Practices Act does not recognize the same critical areas that the City's Critical Area Ordinances do. Conclusions: 1. The Zoning Code Amendments and Reclassifications are consistent with the Comprehensive Plan and the Land Use Map designations. 2. The Zoning Regulation changes do not intentionally create nonconforming uses. 3. The Zoning Regulation changes do not intentionally diminish the existing development rights for undeveloped properties, except where environmentally sensitive areas are identified. 4. The Zoning Regulation changes intentionally recognize existing and planned uses in those areas of the City where the uses do not conform to the existing zoning and Comprehensive Plan. 5. The Forest I_ands Zone permits coordination between the State Forest Practices Act and the City Comprehensive Plan and its development regulations. 6. The Zoning Regulation changes are consistent with the Comprehensive Plan. 7. The Zoning Regulation changes are in the public use and interest. 8. The Zoning Regulation changes reflect changes in circumstances that have occurred since the 1976 Comprehensive Plan was first adopted and has now been replaced with the 1994 Comprehensive Plan. Adopted by the Port Angeles City Council at its meeting of March 7, 1995. o~. Sargent, Maygr..) A---TTEST: dl~ J. Up~o~n; ~it~Clerk