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HomeMy WebLinkAboutMinutes 04/04/1995 3010 CITY COUNCIL MEETING Port Angeles, Washington April 4, 1995 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 15:30 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle, - McKeown [arrived at 7:00 p.m.], Ostrowski, and Schueler [arrived at 6:40 p.m.]. Members Absent: Councilman Hulett. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, B. Collins, S. Ilk, J. Pittis, B. Titus, Y. Ziomkowski, N. Wu, and G. Kenworthy. Public Present: G. Durham, M. Crawford, S. Oliver, R. & S. Jensen, Rainbow Girls Assembly//33, and L. Beil. ADJOURN TO The meeting adjourned to Executive Session at 6:30 p.m. to discuss potential EXECUTIVE SESSION: litigation for approximately one-half hour. RETURN TO OPEN The meeting returned to open session at 6:50 p.m. SESSION: CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:00 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by a group of women celebrating the ALLEGIANCE: 75th Anniversary of Women's Suffrage. Those participating, dressed in period attire, eloquently recited portions of speeches delivered by suffragists such as, Susan B. Anthony, Carrie Chapman Catt, Elizabeth Stanton, and Victoria Woodhall. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: March 21, 1995. Councilman Braun seconded the motion, which carried unanimously. Councilman Braun moved to approve the minutes of the spedal meeting of March 28, 1995. Councilmember McKeown seconded the motion, which carried unanimously. CEREMONIAL 1. Proclamation recognizing April 9, 1995 as Prisoners of War Recognition MATTERS/ Day PROCLAMATIONS: Mayor Sargent read a proclamation recognizing April 9, 1995, as Prisoners of War Prisoners of War Recognition Day. Recognition Day Rainbow Week 2. Proclamation recognizing April 2 - 8, 1995, as Rainbow Week Mayor Sargent read a proclamation recognizing April 2 - 8, 1995, as Rainbow Week. Earth Day 3. Proclamation recognizing April 22, 1995 as Earth Day Mayor Sargent read a proclamation recognizing April 22, 1995, as Earth Day. -1- 3011 CITY COUNCIL MEETING April 4, 1995 Port Angeles Garden 4. Proclamation recognizing the 60th Birthday of the Port Angeles Garden Club Birthday Club Mayor Sargent read a proclamation recognizing the 60th birthday of the Port Angeles Garden Club. Mayor Sargent then welcomed the new Fire Chief, Bruce Becket. Manager Pomeranz reviewed the process used to select a new fire chief and welcomed Chief Becket to the Department Head team. CITY COUNCIL Councilman Braun attended a Real Estate Committee meeting; those items will be COMMITTEE addressed later in the agenda. Councilman Braun attended the Special Council REPORTS: meeting of March 28, and participated with the committee to select a new fire chief by attending a dinner held for the applicants, which presented an opportunity to meet the candidates. He attended the 50th .Anniversary honoring those who fought in the World War II Battle of Okinawa, as well as a Capital Facilities Project meeting, where review of the various projects continues. Councilman Schueler attended a Newsletter Committee meeting and a Library Committee meeting, where a review of bid submissions from architects was conducted. Councilman Schueler also attended a Health Advisory Committee meeting. Councilman Doyle attended the Real Estate Committee meeting and the Capital Facility Plan meeting, along with Councilman Braun. Councilman Ostrowski, along Mayor Sargent and Councilman Braun, attended the Okinawa Day ceremony. Councilmember McKeown had no report. Mayor Sargent attended the Okinawa ceremony and the Derby Days coronation of the queen and princess. FINANCE: None. CONSENT AGENDA: Information on the call for bids for the cooling coils was inadvertently left out of the packet. Light Director Titus provided an explanation of this item, which involves cooling for the second floor of City Hall at a budgeted amount of $18,000. Councilman Ostrowski moved to accept the Consent Agenda, including: (1) Request to call for bids for cooling coils; (2) Out-of-state travel for two Light Department employees; (3) Voucher list for March 31, 1995 - $453,000.93; and (4) Payroll of March 25, 1995 - $358,050.96. Councilman Braun seconded the motion. A brief discussion followed, after which a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Mayor Sargent announced that Item E.5. was being deleted from the agenda at the AUDIENCE/COUNCIL/ request of the Tobacco Free Clallam County Coalition, as the matter is being dealt STAFF TO BE with through the private sector. CONSIDERED OR PLACED ON A Manager Pomeranz indicated that he had invited Mr. Leonard Beil to address the FUTURE AGENDA: Council with a status report regarding the Loomis project. Loomis Log Building Leonard W. Beil, 3721 Park Knoll, stated that the project is now called the Loomis Project Log Building. The structure will be moved to Lincoln Park, and a plaque will be placed on the structure providing its history. As several groups had expressed interest in obtaining the log cabin, a presentation was made to the Supermarket Development Corporation proposing that the log cabin be donated for youth activities. The Rotary Club had set aside $4,000 for the relocation of the building in the event the donation was approved. The Corporation not only donated the structure, but matched the $4,000 of the Rotary Club. The Nor'Wester Rotary Club of Port Angeles has also donated $4,000 for relocation. Mr. Beil informed the Council of who is helping in the relocation, where in Lincoln Park it will be located, and how the relocation and reassembly will take place. Kitchen and bathroom facilities will be added to the structure, and it is hoped that all of this can be accomplished with no cost to the City of Port Angeles. A question and answer period followed. 30].2 CITY COUNCIL ~G April 4, 1995 Mr. Beil added that he was pleased that Bruce Becket had been chosen as Fire Chief; he felt that the community would greatly benefit from this decision. LEGISLATION: .4. Public Hearings Public Hearings 1. Street Vacation Petition - STV95(03)02 - Serenity House of Clallam County, Portion of Eighteenth Street: Petition for vacation of right-of-waY described Street Vacation - as Eighteenth Street located between 'D~ and 'E~ Streets Serenity House Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:55 p.m. Sandy Oliver, 1022 S. ~C' Street, is the Executive Director of Serenity House and the applicant in the street vacation. Ms. Oliver read a prepared letter to the Council stating that, based upon the denial of the rezone application, Serenity House was requesting at this time the termination of the vacation petition. This request is based upon a continued interest by Serenity House in the City's property with it's current zone designation, and the unknown role that the street right-of-way might play in any future development potential. Ms. Oliver requested that the City extend the purchase agreement to June 5, 1995, to allow time to evaluate project and funding retention options for a project upon the property and right-of-way within the current RS-7 zone. Ms. Oliver then answered questions posed by the Council. Attorney Knutson explained that, should the Council wish to follow the suggestion of Serenity House, the proper motion would be to accept Serenity House's withdrawal of its street vacation petition. There was no further testimony, and the public hearing was closed at 8:05 p.m. Councilman Doyle asked if the vacation could be held in abeyance rather than withdrawn. Planning Director Collins explained that State law establishes that a public hearing must be conducted within a specific time frame. He felt it was better to accept the withdrawal and revisit the issue in the future should Serenity House wish to do so. Director Collins stated that the motion could recognize that fees have been paid and could be credited at a later point in time should another application come forward. Further discussion followed. Councilman Ostrowski moved to accept Serenity House's withdrawal of its street vacation petition without prejudice. Councilman Braun seconded the motion. In the ensuing discussion, Councilman Schueler expressed concern over use of the phrase ~without prejudice~. Attorney Knutson stated that the City has previously used the terminology Mwithout prejudiceM to imply that the application could be resubmitted without payment of a new fee. After further brief discussion, a vote was taken on the motion which carried unanimously. Councilman Braun felt extending the purchase agreement for sixty days was inadequate and inquired if it could be extended ninety days. Director Collins stated that this would be acceptable; however, he felt the extension should be tied to a Council meeting date. Manager Pomeranz suggested that staff incorporate the issues in the form of an agreement and bring it back to the next Council meeting. This was agreed to by the Council members. Zoning Code Amendment 2. Zoning Code. Amendment - ZC,4 95(04)02 - City of Port ,4ngeles, Ordinance No. 2862 Commercial Parking in Residential ,4reas: Clarification of regulations pertaining to the limitations on parking of commercial vehicles in residential zones. Mayor Sargent reviewed the information provided by, the Planning Department and opened the public hearing at 8:15 p.m. There was no one present who wished to offer testimony, and the public hearing was closed at 8:15 p.m. Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2862 AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 1709, as amended, and adding Section 17.94.155 to the Port Angeles Municipal Code to regulate the parking of commercial vehicles in residential zones. -3- 3013 CITY COUNCIL MEETING April 4, 1995 LEGISLATION: Councilman Braun moved to adopt the Ordinance as read by tifle. · (Cont,d) Councilmember McKeown seconded the motion. Discussion followed, and at the Council's request, a comprehensive definition of commercial vehicles was provided. Zoning Code Amendment After further discussion, Clerk Upton asked for clarification as to whether it was Ordinance No. 2862 intended to cite Findings and Conclusions in the motion. Councilman Braun (Cont'd) offered to amend the motion to include citing Findings 1 - 3 and Conclusions A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. The amendment was agreed to by Councilmember McKeown, as seconder, and a vote was taken on the motion, which carried unanimously. Zoning Code Amendment B. Ordinances Not Requiring a Public Hearing Ordinance No. 2863 1. Housekeeping Amendment to Zoning Code Codes Mayor Sargent reviewed the information provided by the City Attorney and read the Ordinance by title, entitled ORDINANCE NO. 2863 AN ORDINANCE of the City of Port Angeles amending Ordinance No. 1709, as amended, adding Sections 17.96.045 and 17.08.130(C) to the Port Angeles Municipal Code relating to zoning lot covenants, and amending Section 17.22.200 relating to setback requirements in the CSD, Community Shopping District. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Ostrowski seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. C. Resolutions Not Requiring Public Hearings None. Planning Commission D. Planning Commission Minutes/Action Items Minutes/Action Items I. Planning Commission Minutes of March 8, 1995 Councilman Ostrowsld moved to accept the Planning Commission minutes of March 8, 1995. Councilman Doyle seconded the motion, which carried unanimonsly. Shoreline Substantial 1. Planning Commission Minutes of March 22, 1995 Development Permit - Black Ball Transport Shoreline Substantial Development Permit - SMA 95(03)150 Black Ball Transport, Laurel/Railroad Avenue: Request for a permit to allow the reconstruction of an office building and warehouse structure Mayor Sargent reviewed the information provided by the Planning Department. Planning Director Collins stated that a revised site plan had been received and asked the Council's permission to present this revised plan for the Council's consideration. He stated the change is a minor one, and he felt no reason to return the item to the Planning Commission. Director Collins gave a brief presentation explaining the revisions to the site plan, which does not affect the review under the Shoreline Master Program. Councilman Braun moved to approve Shoreline Substantial Development Permit SMA 95(03)150 for Black Ball Transport, as revised, subject to Condition 1 and citing Findings 1 - 8 and Conclusions A - C as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Doyle seconded the motion, which carried unanimously. Break Mayor Sargent recessed the meeting for a break at 8:35 p.m. The meeting reconvened at 8:50 p.m. -4- 3014 crrY COUNCIL ~G April 4, 1995 LEGISLATION: E. Other Considerations (Cont'd) 1. Senior: Center Board Resignations/Appointments Senior Center Board Resignations/Appointments Mayor Sargent reviewed the information provided by the Parks & Recreation Department. Councilman Doyle moved to accept the recommendations of the Park Board and appoint Rosemary Taylor and Eleanor Tschimperle to the Senior Center Advisory Board. Councilmember McKeown seconded the motion, which carried unanimously. Presentation by Harfiett 2. Presentation by Harriet Buchmann, North Olympic Timber Action Buchmann - Proposed Committee, Regarding Proposed Rules and Draft EIS by the State Forest Rules of State Forest Practices Board Practices Board MaYor Sargent introduced Harriet Buchmann of the North Olympic Timber Action Committee (NOTAC) and invited her to address the Council. Ms. Buchmann thanked the Council for this opportunity and stated that this issue is very important and will have a tremendous impact on the entire community. She introduced Anna Shields of Sunset Wire and Rope, and Harry Bell of Green Crow, who is a member of the Board for NOTAC. Ms. Buchmann discussed the 4D rule, which is being developed at both the State and Federal level. She indicated that revenues from State Trust lands have decreased from $7,387,286.98 in 1993 to $4,053.011.51 in 1994. As these dollars go to a variety of junior taxing districts, this translates into lost revenue and lost jobs for the whole area. The Department of Interior, as a Federal agency, and the Forest Practice Board, as a State agency, are both designing plans for forest management of the same properties. Of import, however, is the fact that the Forest Practices Board may be even more restrictive in its proposals than the Federal government. The purpose of the Plan is protect endangered species. Land owners must be able to maintain their property without damage to the spotted owl. Currently, revenue from private property forest sales has escalated due to panic harvesting. Land owners are uncertain about their futures. Ms. Buchmann reviewed the federal 4D rule and gave an explanation of the forming of special emphasis areas by the government. Mr. Bell informed the Council that he has practiced forestry on the Olympic Peninsula for 20 years and has spent a lot of time helping to develop State Forest Practice Policy. He stated that under the Endangered Species Act, Federal lands and non-Federal lands are handled differently. Federal lands are managed under Option 9, and non-Federal lands are managed under the 4D rule, which allows the Fish and Wildlife service to write regulations they deem necessary. Mr. Bell referenced the map contained in the handout distributed to the Council and explained the areas of special emphasis and the requirements for spotted owls located within, as well as outside of, those areas. He stated that a study was completed which showed that the 4D proposal in this area alone will cost 3,364 jobs and a loss in personal income of $149,000 per year. There are three options being considered by the State to protect the spotted owl: 1) industry option; 2) Forest Practice Board Wildlife Committee's option; and 3) Washington Environmental Council/Yakima Indian Nation option. Mr. Bell explained what these options involved and stated that there is clear cooperation between the State and Federal agencies in determining the future of spotted owl protection on the Peninsula. There is increasing evidence that the owl population is good on the Peninsula. However, because of the Endangered Species Act, there are some planning processes in motion which will greatly impact Trust Lands. Mr. Bell then introduced Anna Shields to address economic impacts due to Option 9. Anna Shields was asked to teStify in front of the Washington State Forest Practices Board, which is the governing body that enacts the Washington Forest Protection Act. An economic impact statement (EIS) had been requested and is required by law when 20 % or more of a specific industry is effected. The EIS for small businesses was based on information obtained regarding timber tract owners, and there was not enough information to draw a conclusion regarding economic impacts. Ms. Shields did an EIS of her own, which included secondary impacts such as local -5- 3015 CITY COUNCIL MEETING April 4, 1995 LEGISLATION: businesses as well as primary. The analysis revealed that small businesses were (Cont'd) often hurt twice, once by the decline in sales and again by increased bad debt. This resulted in job cuts which impacted personal income and, therefore, impacted sales Presentation by Harriett and revenue in other areas of the community. Ms. Shields listed several local Buchmann - Proposed businesses and the amounts of their annual losses and stated the Board was surprised Rules of State Forest to loom of the secondary impacts. Practices Board (Cont'd) Ms. Buchmann reminded the Council that, at one time, there was a Timber Disaster Relief Coalition which was comprised of various representatives from the government, community, companies and agencies. She suggested consideration be given to forming another such committee to help arrive at possible agreements and solutions. Mr. Bell explained that a letter has been drafted by NOTAC and will be sent to Senator Gorton's office. Mr. Bell felt that a letter should be sent to the delegation stating the community does not feel a special emphasis area is necessary on the Olympic Peninsula. Manager Pomeranz requested that Ms. Buchmann and her group prepare a draft letter stating the key issues that the delegations need to have brought to their attention. Mr. Bell stated that he would meet with Councilman Ostrowski to work on this letter. He further stated that he would like to see a large delegation from Port Angeles at the next hearing in Olympia on this matter. Mayor Sargent thanked Ms. Buchmann, Mr. Bell and Ms. Shields for their time, trouble and hard work on this most important issue. Contract for Tourist 3. Contract for Tourist Promotion Services - Chamber of Commerce Promotion Services Mayor Sargent reviewed the information provided by the City Clerk. Councilman Braun moved to approve and authorize the Mayor to sign the tourist promotion contract with the Chamber of Commerce. Councilmember McKeown seconded the motion, which carried unanimously. Request for Water Service 4. Request for Consideration of Water Service outside the City Outside the City Mayor Sargent reviewed the information provided by the Public Works Department. Kathleen Kreider, 1226 W. Spruce, purchased the lots under discussion in 1988. At that time, Ms. Kreider was assured by the City that water service was available for a $450 hook-up fee. Financial difficulties were encountered, and Ms. Kreider was unable to install the water meter at that time. She is requesting water hook-up at this time, with the intention of constructing a single-family residence on these two lots. The existing main fronts these lots, ' The Council expressed concern that a City representative would give assurances and quote a price for a water hook-up to a lot located outside the City limits. Staff was unfamiliar with the request submitted in 1988, and Manager Pomeranz stated that it has always been the policy to deny requests for water services to locations outside the City limits. Ms. Kreider stated that there is a City waterline on this street that services her residence and there are other hook-ups for this street. She is 350 feet west of the current city limits. Councilman Doyle noted that, in looking at the map provided, it appeared there were five Spruce Street hook-ups to City water, all located outside the City limits. City Engineer Kenworthy stated that prior to his tenure with the City, there were five requests granted for water outside the City. Since that time, there have been changes made to policy, and there would be a problem with fire protection as it is only a two inch line and water flow is inadequate. There has been another request received for water for two lots adjacent to and east of Ms. Kreider, which was submitted by Mr. and Mrs. Jack Folk. Engineer Kenworthy asked that the Council also consider that request at this time. Discussion followed regarding requirements to bring the waterline up to standard. Planning Director Collins stated that his Department would be willing to work with the property owners in the area to attempt to develop annexation plans. After further limited discussion, Councilman Schueler moved to deny the Kreider and Folk requests for water service. Councilman Ostrowski seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. 3016 CITY COUNCIL ~G April 4, 1995 LEGISLATION: 5. Request by The Tobacco Free Clallam County Coalition for Joint Public (Cont'd) Hearing for Legislation Banning Smoking in Restaurants & Public Facilities Smoking Ban in The Coalition requested this item be removed from the agenda. Restaurants and Public Facilities Company to Supply Radio 6. Selection of Company to Supply Radio Console Support System for Police Console Support System Department for Police Department Mayor Sargent reviewed the information provided by the Police Department. Councilman Braun moved to approve the selection of the Watson Furniture Company proposal and authorize the Police Department to negotiate a contract for the 'manufacture, delivery and installation of the support system. Councilmember McKeown seconded the motion, which carried unanimously. Clallam County 7. Nominate Replacement Member and Alternate to the Clallam County Community Network Community Network Replacement Member Manager Pomeranz stated that the City of Forks is recommending Forks Councilmember Pat Mansfield, and this request has been seconded by the City of Sequim. Manager Pomeranz recommended the Council support this nomination. Manager Pomeranz stated that the alternate could come from the City of Port Angeles or the City of Sequim. Councilman Ostrowski moved to support the nomination of Pat Mansfield as the replacement member to the Clallam County Community Network. Councilman Braun seconded the motion. Councilman Sehueler stated that Councilmember Mansfield was a good choice, as she had expressed interest in this position when he was elected to be the representative. A vote was taken on the motion, which carried unanimously. The Council agreed the City of Sequim should be contacted for the purpose of submitting the name of an alternate. Telephone Committee 8. Telephone Committee Manager Pomeranz stated that on Monday, April 10, there will be a meeting of the Telephone Committee, and he requested a Council representative for this Committee. The committee will review specifications, costs, and scope of the new telephone system for City Hall. He suggested Councilman Doyle for this position, as he was a member of the Information Systems Steering Committee. Councilman Doyle agreed to accept the position. ADJOURNMENT: The meeting was adjourned at 9:55 p.m. Cle--rk q -7- 3017 Exhibit 'A ZONING CODE AMENDMENT - ZCA 95(04)02 - CITY OF PORT ANGELF~q Findings & Conclusions Findings: 1. The Comprehensive Plan has been reviewed with respect to the proposal. The following goals and policies have been identified as being most relevant to the amendments: Land Use Element Goals B, C, and D, and Policies C. 1. 2. The City adopted a previous Determination of Non-Significance issued on December 5, 1994, for a similar proposal and adopted for this proposal on March 21, 1995. 3. The City has received a significant number of complaints concerning commercial vehicles in exempt home occupations negatively impacting single-family neighborhoods. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 1. C. The Zoning Code Amendment is consistent with the intent of Chapter 17.86 (Home Occupations) of the Port Angeles Municipal Code. Adopted by the Port Angeles City Council at its meeting of April 4, 1995. · Sargent, Mayov.~ AT'sT: ~ ~ upton~ City Cl~k 3018 Exhibit "B" SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 95(03)150 - BLACK BALL TRANSPORT Conditions, Findings & Conclusions: Condition: 1. The project shall meet the requirements of Chapter 14.40 of the Port Angeles Municipal Code and satisfy the requirements and concerns of the Public Works Department identified in their memorandum dated February 16, 1995, as follows: a. All existing driveways will be closed along Railroad Avenue or be reconstructed to City standards. Sidewalks in the areas of driveway closure will be reconstructed to City standards. b.) The following parking lot standards will be met: (i.) Curb stops will be placed along the westerly parking spaces to protect the fact of the adjacent building. (ii.) It is assumed that the parking stall width is 8'6" minimum (with the stall angle 45°) per City standard. This would be sufficient for the aisleway as shown on the submitted plans. (iii.) Parking lot catch basins (2) will require oil/water separator "T"s. (iv.) The handicapped parking stall will be placed on the east side of the parking lot to accommodate the individuals that would need it. Finding: 1. The applicant, Lindberg Architects, on behalf of the property owner, Black Ball Transport, Inc., applied for a Shoreline Substantial Development Permit on January 30, 1995. 2. A Determination of Non-Significance (DNS) was issued by the City of Port Angeles' SEPA Responsible Official on February 10, 1995. 3. The City received no appeals on the DNS during the allotted time period which ended February 20, 1995. 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. 3019 5. The application is to construct a combined office and warehouse facility for use by the COHO Ferry terminal with the office space to be leased out. 6. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 7. The site is designated Commercial in the City's Comprehensive Plan, CBD, Central Business District, in the City's Zoning Ordinance, and Urban Environment in the City's Shoreline Master Program. 8. Appeal of the City Council's decision regarding Shoreline Substantial Development Permits is final unless appealed. Conclusions: A. As conditioned, the project is consistent with the City's Comprehensive Plan Land Use Policy F. 1., the City's CBD Zone, and the City's Shoreline Master Plan Urban Environmental Policies C. 1. and 4., and F. 18. B. As conditioned, the project will not be detrimental to the shoreline. C. This decision is based on the information provided in the staff report including all of its attachments, comments and information presented during the public hearing and the Planning Commission's discussion and deliberation. Adopted by the Port Angeles City Council at its meeting of April 4, 1995. o~K. Sargent, Mayoi~ A-TI'EsT: (t~leck~ $. Uptgn, City C--lerk