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HomeMy WebLinkAboutMinutes 04/17/2001 4417, CITY COUNCIL MEETING Port Angeles, Washington April 17, 2001 CALL TO ORDER Mayor Doyle called to special meeting of the Port Angeles City Council to order at 5:15 SPECIAL MEETING: p.m. Interview Applicants for Interview Applicants for Planning Commission and Board of Adjustment: The City Planning Commission and Council interviewed the following to fill a vacancy on the Planning Commission and Board of Adjustment a vacancy on the Board of Adjustment: Rick Porter, Nancy Newman, Richard Headrick, John Teichert, and Chuck Whidden. The Council chose to defer making the appointments until later in the regular meeting. ADJOURN SPECIAL The special meeting was adjourned at 6:00 p.m. MEETING: CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:05 p.m. ROLL CALL: Members Presenr' Mayor Doyle, Councilmembers Campbell, Erickson, Wiggins, and Williams. Members Absent: Councilmembers Hulett and McKeown. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, T. Riepe, Y. Ziornkowski, A. Broussard, K. Dubuc, G. Kenworthy, D. Miller, L. Dunbar, M. Hughey, S. McLain, and S. Roberds. Public Present: R. Sieg, L. Lee, M. Sheehan, B. Angehrn, S. and T. Frichette, E. and D. Thompson, F. and M. Cummings, K. and V. Duncan, and T. Newcomb. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: CEREMONIAL Earth Day, April 22, 2001 MATTERS & PROCLAMATIONS: Mayor Doyle read a proclamation declaring April 22,2001, as Earth Day. Earth Day Proclamation Recognition of Bill Recognition of Bill Angehrn for City Clean-up and Recycling: Angehrn Mayor Doyle read a letter of appreciation to Mr. Bill Angehrn, recognizing his contributions in beautifying the City streets and sidewalks because of his ongoing efforts to pick up trash and recyclables. Mayor Doyle presented Mr. Angehrn with a plaque and a safety jacket that was donated by the Public Works Department. Mr. Angehrn was commended by Recycling Coordinator Miller. -1- CITY COUNCIL MEETING 4418 April 17, 2001 WORK SESSION: None. LATE ITEMS TO BE Manager Quinn added the issue of Title II Forest Service Funds as Agenda Item M.9 PLACED ON THIS OR FUTURE AGENDA: Mayor Doyle added the appointments to the Planning Commission and Board of Adjustment as Agenda Items J. 10 and J. 11. Richard Sieg, 2575 East Bay Street, addressed the Council on the matter of the proposed annexation. He voiced his opposition to the annexation and presented the Council with a petition containing 145 signatures opposed to annexation. Mr. Sieg related how, when he retired, he looked for a prospective community offering spacious living, something that was offered outside the City limits. He resides in what is currently a low density area. Mr. Sieg noted that many residents are concerned with a rezone of the area which could result in higher crime, sewer assessments, high rise apartments, and property taxes. Mr. Sieg acknowledged the City may be looking for additional revenue, but he suggested exploring the revenue-sharing concept with the County before proceeding with annexation plans. Jack Glaubert, East S'equim Bay, asked to address the Council regarding his waterfront property, which was added as Agenda Item M. 10. FINANCE: None. CONSENT AGENDA: Councilmember Erickson moved to accept the Consent Agenda, to include: 1) Council minutes of the April 3, 2001 regular meeting; and 2) Check Register - April 9, 2001 in the amount of $839,003.32. The motion was seconded by Councilmen Campbell. Mayor Doyle commented on the proliferation of benches on the waterfront, and Parks Director Connelly stated that those making donations are encouraged to consider the alternatives available. The benches, however, are very popular. Mayor Doyle asked for a future report on the City's purchase of petroleum products. A vote was taken on the motion, which carried 4 - 1, with Councilman Wiggins abstaining due to absence from the meeting. CITY COUNCIL Councilmember Erickson had no report. COMMITTEE REPORTS: Councilman Campbell reported that a recent meeting of the Port Angeles Works! Committee centered around the Rayonier site clean-up. On another note, he indicated he was recently elected Chair of the Olympic Air Pollution Control Authority. Councilman Wiggins indicated he is currently involved in the selection process for the Port Executive Director. Additionally, Councilman Wiggins felt it would be worthwhile for the Council to hear the presentation on the waterfront vision. Councilman Williams informed the Council of Gateway meeting at which time Tidelands East was selected as the site for the Gateway Project. In addition, the Transit Board subsequently took similar action. Councilmember Erickson departed the Council Chambers at 6:25 p.m. Mayor Doyle attended the ribbon-cutting ceremony at Custom Computers. He also attended the Chamber of Commerce luncheon where Governor Locke was the guest speaker. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: -2- CITY COUNCIL MEETING 4419 April 17, 2001 RESOLUTIONS: Mayor Doyle summarized the memorandum submitted by Public Works & Utilities Director Cutler, proposing a change in procedure for construction contract change Contract Change Authority orders. Director Cutler informed the Council that the Resolution currently in place is Resolution No. 7-01 not as specific and as easily understood as it could be. The proposed resolution would make the process more universal. Brief discussion followed with regard to the amount allowed for the change orders. RESOLUTION NO. 7-01 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing the approval of change orders for construction contracts under certain circumstances, establishing a procedure for City review, and repealing Resolution 7-91. Councilman Williams moved to pass the Resolution as read by title. The motion was seconded by Councilman Wiggins. Manager Quinn assured the Council that, in spite of the fact the total amount has not changed, the Council will be kept informed of significant change orders. Further, it is intended that staff would approve change orders because of time constraints on work being performed. A vote was taken on the motion, which carried unanimously. Councilmember Erickson returned to the Council Chambers simultaneous to the vote at 6:35 p.m. OTHER 1. City/PADA Contract Approval Year 2001 CONSIDERATIONS: Mayor Doyle summarized the memorandum submitted by Economic Development City/PADA contract Year Director Smith on the matter of the City's 2001 contract with the Port Angeles 2001 Downtown Association. Manager Quinn stated that the PADA assists with downtown parking; the contract amount was included'in this year's budget. Mayor Doyle inquired as to the management of the downtown parking lots, and PADA Executive Director Arla Holzschuh reviewed the history of the parking lot management, as well as the different aspects of the PADA budget. After further brief discussion, Councilman Wiggins moved to authorize the Mayor to sign the contract with the Port Angeles Downtown Association for 2001. The motion was seconded by Councilman Campbell, which carried unanimously. City / EDC Contract Year 2. City/EDC contract Approval Year 2001 2001 Mayor Doyle summarized the memorandum submitted by Economic Development Director Smith on the EDC 2001 contract. Manager Quinn stated the contract amount has been increased, yet various additional services have been added to the contract. He opined that this contract is an important element to the effort of economic development. Councilmen Campbell moved to authorize the Mayor to sign the contract with the Clallam County Economic Development Council for 2001. The motion was seconded by Councilman Wiggins, which carried unanimously. Presentation on Laurel 3. Presentation on Laurel Street Stairs Street Stairs Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler concerning the Laurel Street slide repair and stairway replacement, after which Deputy Director of Engineering Services Kenworthy made a powerpoint presentation to review'the process undergone to generate a solution for the slide area and replacement of the downtown stairway. Mr. Kenworthy felt that the project needed to be split into two separate projects in order to keep the cost down and have more time to deliberate on what type of stairway the City would like to construct in order to complement the design of the downtown revitalization. Brief discussion ensued in CITY COUNCIL MEETING 4420 April 17, 2001 Presentation on Laurel regards to the lifespan of the holding wall, and the cost benefits of replacing the Street Stairs (Cont'd) stairway as opposed to repair. After brief discussion, Councilman Campbell moved to authorize the Director of Public Works & Utilities to proceed with the slide repair and minimal wooden stair repair only as needed, with the stairway development to be coordinated with the downtown improvements and to be included in CFP for future funding considerations. The motion was seconded by Councilmember Erickson. Discussion followed, with Councilman Williams encouraging the City to keep all options open, particularly as relates to the hillside from Lincoln to Oak Street for future parking. Discussion also centered around the stability of the remainder of the hillside. Director Cutler informed the Council that the hillside repair work is scheduled between Labor Day and Thanksgiving in order to accomplish the repairs before the wet winter arrives. A vote was taken on the motion, which carried unanimously. PUBLIC HEARINGS - 1. Municipal Code Amendment - Beutler / Nordstrom OTHER: Mayor Doyle summarized the memorandum from Planning Specialist Roberds in regard Municipal Code to allowing small scale sawmills on properties up to one-half acre in size as a Amendment - Beutler / conditional use in the Industrial Light Zone. Director Collins informed the Council Nordstrom there were few objections to this conditional use permit. The objections given were Ordinance No. 3079 more on the basis of procedure, as the Planning Commission did not want conditions placed on a Conditional Use Permit. Rather, the Commission wanted conditions added to the CUP once submitted by an applicant. Mayor Doyle opened the public heating at 7:10 p.m. There being no public testimony, the hearing was closed at 7:10 p.m. Brief discussion followed on the various locations where a sawmill could be located, as well as how a sawmill is defined. Mayor Doyle expressed concern with the possibility that a sawmill might be located on Valley Street., and Director Collins indicated that any concerns with that particular location would have to be mitigated before such a business could proceed. Mayor Doyle read the Ordinance by title, entitled ORDINANCE NO. 3079 AN ORDINANCE of the City of Port Angeles, Washington, amending the Zoning Code by adding small scale sawmills as a conditional use within the Light Industrial (IL) zon'e and amending Ordinance 1709 as amended and Chapter 17.32 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title, citing Findings 1 - 15 and Conclusions I - 5 as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Campbell secondetl the motion, which carried unanimously. Street Vacation Petition 2. STV 01-01 Food Bank, Fourth Street west of Valley Street Food Bank - Fourth Street west of Valley Street Mayor Doyle summarized the memorandum submitted by Planning Specialist Roberds concerning the vacation of Fourth Street west of Valley Street. Director Collins stated that, with the 14 findings and 5 conclusions, the Planning Commission had unanimously recommended approval. · Mayor Doyle opened the public hearing at 7:20 p.m. There being no public testimony, the public hearing was closed at 7:20 p.m. Mayor Doyle asked how the City receives title to the property, to which Attorney -4- CITY COUNCIL MEETING 4421 April 17, 2001 PUBLIC HEARINGS - Knutson responded that a deed would be written to the City's solid waste utility. In that OTHER: abutting property owners had expressed no interest in purchasing their share of the (Cont'd) vacated property, Mayor Doyle inquired as to whether such an intention is submitted to the City in writing. Attorney Knutson agreed that such a written commitment should Street Vacation Petition have been obtained prior to this time and, further, that staff should proceed in acquiring Food Bank - Fourth Street letters from the abutting property owners. west of Valley Street (Cont'd) Edwin Brown, 1724 West 13th Street, addressed the Council by indicating he is the owner of Lot 18, which abuts the property to be vacated. He did not have a problem with the street vacation; however, he had spoken with City staff with regard to access to his property. Director Collins showed an overhead of the proposed vacation, pointing out the property owned by Mr. Brown. Because of the configuration of the property and the potential for future development of a portion of the property, the issue of access was addressed. Councilman Williams stated that this area of concern was not discussed with the Real Estate Committee, and he felt the vacation may eliminate access to Lot 18. However, Director Collins pointed out there is access to the lot via Valley Street and the 3/4 alley. Plus, it would not be likely that another residence would be approved on that particular lot because of the hillside. Councilman Williams countered there is the potential for the placement of a business on a portion of the property. Councilman Wiggins felt the matter was deserving of further research. He, therefore, moved to refer the proposed street vacation back to the Real Estate Committee for further review. Councilman Williams seconded the motion, which carried 4 - 1, with Mayor Doyle voting in opposition. Telecommunications and 3. Telecommunications and Related Ordinances Related Ordinances Mayor Doyle summarized the memorandum from Directors Cutler and Collins on the telecommunications and related ordinances public hearing. Power Resource Manager Dunbar gave a powerpoint presentation with a brief overview of the Telecommunications and Related Ordinances final report, copies of which were provided to the Council, staff, and public. Mr. Dunbar summarized the background of efforts on the proposed ordinances, as well as the development process utilized in arriving at this point. He informed the Council of the process initiated in order to gain public involvement throughout, noting that correspondence had been initiated with the 120 registered telecommunications companies. Councilmember Erickson departed the Council Chambers at 7:44 p.m. Mr. Dunbar continued by reviewing the wireless ordinance, which addresses the placement of towers and will exempt ham radio operators, TV antennas, and satellite dishes. Councilmember Erickson returned to the Council Chambers at 7:53 p.m. The matter of right-of-way management was reviewed by Mr. Dunbar, and he indicated the regulations would reorganize how a master permit is obtained. Some concern was expressed with regard to excess capacity and how it may discourage contractors due to the ability to foresee buying conduits that could later be sold to competition. Mr. Dunbar briefly summarized the information on pole attachments, noting that Qwest was uncertain about the City's ability to legally abolish the previous Pole Rental Agreement. Qwest has been advised that the new agreement is more beneficial than that previously in place. A brief update was given on proposed changes to business licensing, utility taxes, and fees. It was noted that pole attachment fees have not been adjusted in 17 years. Mr. Dunbar reviewed the proposed sc. hedule for adoption of the ordinances, and -5- . CITY COUNCIL MEETING t4t*22 April 17, 2001 PUBLIC HEARINGS - Attorney Knutson informed the Council that staff is recommending adoption at the OTHER: second Council meeting in May in order to give staff sufficient time to prepare the final (Cont'd) ordinances with an appropriate level of editing. Mayor Doyle then opened the public hearing at 8:05 p.m. Telecommunications and Related Ordinances Tom Newcomb, 1857 Harborcrest, addressed the City Council on the proposed (Cont'd) telecommunications ordinances. He attended the Planning Commission hearing this past month, and he commended the City for a job well done. Mr. Newcomb, a ham radio operator, was present on behalf of various organizations such as Clallam Radio, Clallam Emergency Service and Clallam Civil Emergency Services. These services have been called upon on numerous occasions, and the participants provide their equipment and services at no charge to the City. Mr. Nookam feels that giving an exemption to ham radio operators is a great service, not only to the operators themselves, but to the community as well. Councilman Williams moved to continue the public hearing to the second Council meeting in May. However, Manager Quinn clarified it would be desirable to continue the heating to the first Council meeting in May, after which adoption of the ordinances could take place at the second meeting in May. Councilman Williams, therefore, withdrew the previous motion and moved to continue the public hearing to May 1, 2001. Councilman Wiggins seconded the motion, which carried unanimously. Break Mayor Doyle recessed the meeting for a break at 8:10 p.m. The meeting reconvened at 8:25 p.m. Councilmember Erickson departed the meeting at this time. OTHER 4. Surface Transportation Program Fund Allocation CONSIDERATIONS: (Cont'd) After Mayor Doyle reviewed the memorandum from Public Works & Utilities Director Cutler on the City's allocation of Surface Transportation Funds, Director Cutler stated Surface Transportation the program has been ongoing for a few years and is supported by the federal gas tax. Program Fund Allocation There are various possibilities for the use of these funds. Mayor Doyle pointed out that the City only receives 4% of the total amount allocated, and he questioned the formula utilized in determining the amount each entity receives. This led to discussion on the methodology used in determining the amounts, after which Councilman Campbell moved to authorize the Mayor to sign the Interlocal Agreement for the distribution of funds pursuant to the Intermodal Surface Federal Transportation Equity Act. The motion was seconded by Councilman Wiggins. In the brief discussion that followed, it was noted that the City and the Port will be contributing a portion of their funds to the Airport Road realignment project. Councilman Williams also indicated that Transit would likely be using some of their funds for walkways, so much of the other funds are utilized for the benefit of the community. A vote was taken on the motion, which carried unanimously. Surplus Equipment and 5. Surplus Equipment and Materials Materials Mayor Doyle reviewed the memorandum submitted by Public Works & Utilities with regard to setting a public hearing for the surplusing of transformers, bentonite, and silica sand. Councilman Campbell moved to set the public hearing date for May 1, 2001, to declare the transformers, bentonite and silica sand as surplus. Councilman Williams seconded the motion which carried unanimously. Electric Rates Brief 6. Electric Rates Brief and Energy Analysis Mayor Doyle summarized the memorandum from Public Works & Utilities Director Cutler on the Bonneville Power Administration power supply situation. Director Cutler indicated the presentation to be made will provide a brief overview of the rate -6- CITY COUNCIL MEETING April 17, 2001 4423 OTHER discussion. At this time, it is uncertain how high the rates will be on October 1, 2001. CONSIDERATIONS: With the use of the powerpoint equipment, Deputy Director of Power Systems McLain (Cont'd) reminded the Council that the City receives power from the Columbia Storage Power Exchange, Avista, and the majority from Bonneville Power Administration (BPA). In Electric Rates Brief May of 2000, prices began to steadily rise. A new wholesale price hike of up to 250% (Cont'd) will eventually level out within two to five years. A brief overview was given to demonstrate what customers could be charged. There are various ways to keep costs down with the consistent use of conservation, and Mr. McLean indicated it is important for the City to show the citizens ways to conserve. Mr. Chuck Forman, Account Executive from the Bonneville Power Administration, addressed the Council on the matter of the escalating rates, noting that the projected 250% wholesale price hike has been encountered due to a higher demand for power than is available. The result has been that Bonneville has been forced to go out on the market and purchase power from other sources in order to meet the demand, all at an escalated rated. Mr. Forman displayed a'slide showing the range of possible rate increases. He suggested the City should cut back its power consumption by 10% to help deter the rise of power costs. Various ways to conserve energy were discussed, as well as benefits and drawbacks to natural gas. At a lunch on Monday, Mayor Doyle stated that Governor Locke informed those present that 8 - 10 aluminum plants could possibly shut down due to the energy crisis. Mr. Forman added that there are many businesses that will face the possibility of closure due to the energy crisis. Lengthy discussion followed. Conservation Program 7. Conservation Program Authority Authority Mayor Doyle summarized the information provided by Public Works & Utilities on the conservation program. Power Resource Manager Dunbar stated that with the proposed escalations, BPA has authorized the immediate implementation of a conservation program with an allowance of $300,000 per year for five years. This program could be implemented as soon as May 2001. Councilman Campbell moved to authorize the Director of Public Works & Utilities to implement a conservation program that qualifies for the BPA conservation and renewables discount (CR&D). Councilman Wiggins seconded the motion, which carried unanimously. Compact Fluorescent Lamp 8. Compact Fluorescent Lamp Agreement Agreement Mayor Doyle summarized the memorandum submitted by Public Works & Utilities Director Cutler on the proposed Compact Fluorescent Lamp Agreement. Power Resource Manager Dunbar gave a powerpoint presentation and distributed handouts to the Council, staffand public present. Mr. Dunbar explained that this was a new process for the City where coupons for discounts on fluorescent bulbs would be inserted in the monthly utility bills. Such an effort would help empower City residents to meet the community's need for power reduction. Mr. Dunbar noted that, with the proposed escalation BPA has presented, conservation implementation needs to be quickly enacted. This program offers a discount for that specific purposed, and the lamp rebate coupon would provide a redeemable coupon for $6.00 off an Energy Star Fluorescent Lamp. The coupon program would be implemented in May, 2001, and thus far, Thurman's, Hartnagels, and Swains have agreed to be participants. Councilman Campbell moved to authorize the Mayor to sign the ENERGY STAR®Labeled Compact Fluorescent Lamp Coupon Rebate Agreement. Councilman Williams seconded the motion, which carried unanimously. -7- CITY COUNCIL MEETING 4424 April 17, 2001 Approval of Tidelands East 9. Approval of Tidelands East for the Gateway Site for Gateway Site Mayor Doyle summarized the memorandum from Manager Quinn, requesting the Council's approval of the proposed Gateway Project site. Manager Quirm stated that progress has been made on the downtown parking issues, and endorsements of Tidelands East for the Gateway Project have been received from Clallam Transit and the Downtown Association. Following brief discussion, Councilman Williams moved to approve the portion of the Tidelands East block as the designated project site for the Gateway Project and authorize staff to proceed with the necessary tasks leading toward property acquisition, design, construction, and completion of the project. The motion was seconded by Councilman Wiggins and carried unanimously. Appointment to Planning 10. Appointment to Planning Commission Commission At Mayor Doyle's request, Clerk Upton conducted a roll call vote for the purpose of filling a vacancy on the Planning Commission. Mayor Doyle and Councilmembers Campbell, Williams, and Wiggins cast ballots for Rick Porter who was, therefore, unanimously appointed to the Planning Commission for the unexpired term ending February 29, 2004. Appointment to Board of 1 i. Appointment to Board of Adjustment Adjustment At Mayor Doyle's request, Clerk Upton conducted a roll call vote for the purpose of filling a vacancy on the Board of Adjustment. Mayor Doyle and Councilmembers Campbell, Williams, and Wiggins cast ballots for John Teichert who was, therefore, unanimously appointed to the Board of Adjustment for the term ending February 28, 2005. INFORMATION: City Manager's Calendar: A CFP meeting was tentatively set for Friday, April 27, 2001, at 9:00 a.m. In addition, a meeting of the Real Estate Committee was set for Tuesday, April 24, 2001, at 4:00 p.m. Because of a conflict with the trip to Japan and the absence of Mayor Doyle, Councilman Campbell, and Manager Quinn, it was agreed by consensus to move the May 15, 2001, City Council meeting to May 22, 2001. Manager Quinn referred to the Morse Creek hydro project update. When this project is completed, this will establish one percent of the needed ten percent reduction of power from BPA. Manager Quinn briefly outlined the other reports listed in the Calendar packet. Councilman Wiggins briefly reviewed the information submitted concerning Jefferson County Commissioner Huntington's suggestion that a joint committee be established to formulate a recommendation on the discretionary forest funds available to Clallam and Jefferson Counties. Councilman Wiggins addressed the need to maintain Forest Service roads, and he indicated his interest in being appointed to this committee. He asked that the City submit a letter of support for the formulation of this committee. It was agreed that the City Manager would submit such a letter to the County Commissioners in this regard. Jack Glaubert - Jack Glaubert - Waterfront Property Waterfront Property As requested earlier in the meeting, Jack Glaubert addressed the Council by asking that there be dialogue with the City on the matter of Messrs. Glaubert and Austin getting . access to their property from the foot of Lincoln to Vine Street, on the Raikoad Avenue extension. Mr. Glaubert indicated they were not interested in eliminating the -8- CITY COUNCIL MEETING April 17, 2001 4425 Jack Glaubert - Waterfront Trail, but they were insisting that the trail be located properly within the Waterfront Property Railroad Avenue right-of-way. (Cont'd) Mr. Glaubert noted the importance of knowing in a short period of time whether the City is prepared to reopen Railroad Avenue to their property. He indicated a need to be advised of the decision by tomorrow or by this coming Monday. Mayor Doyle asked the staff if a meeting would be possible to discuss this concern with Mr. Glaubert. Manager Quinn responded that the staff is still reviewing the information that was received, and Attorney Knutson added that the City is lacking an additional analysis that was to have been provided by Mr. Glaubert's legal counsel. Manager Quinn suggested that staff meet with the Council for the express purpose of reviewing what has been an ongoing situation, after which the Council could meet with Messrs. Glaubert and Austin. The Council was supportive of the City Manager's recommendation. Break Mayor Doyle recessed the meeting for a break at 10:30 p.m. The meeting reconvened at 10:40 p.m. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 10:40 p.m. to discuss labor negotiations for approximately one-half hour. RETURN TO OPEN The meeting returned to Open Session at 11:30 p.m. SESSION: Contract with Teamsters Teamsters #589 Contract: #589 Councilman Campbell moved to approve the Teamsters //589 contract. Councilman Wiggins seconded the motion, which carried unanimously. On another matter, Mayor Doyle informed the Council of his intent to attend a ceremony at the Veteran's Memorial Park on April 27, 2001, regarding a local effort to organize a "National Day of Prayer". ADJOURNMENT: The meeting was adjourned at 11:30 p.m. l~c~; J. Opt~ Cit~l~lert~ - T"--' Larry D,~e, Ma;oy -9- 4426 THIS PAGE INTENTIONALLY LEFT BLANK Exhibit "A" 4427 FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 01-01 - BEUTLER/NORDSTROM: Findings: 1. An application for a municipal code amendment was filed on February 5, 2001 by Beutler and Nordstrom, Inc. that proposed an amendment to PAMC Title 17, Zoning Code. The application proposed the allowance of a 'sawmill operation under one-half acre in size' as a permitted use in the Industrial, Light Zone under PAMC 17.32. 2. The application states that portable sawmills are generally operated by one to two persons and require less than one-half acre of area to operate. Portable sawmills normally cut specialty wood products to custom specifications. Average board lengths are 8-20 feet. The portable sawmills are on trailers and can be easily moved. Minimal public utilities are required to operate a small planer or joiner. Logs are delivered in small trucks and are not stored for lengthy periods of time on site. Most finished products are picked up or hauled to customers on a flatbed trailer. Mill scraps can be used as firewood and sawdust is given to livestock/horse owners. 3. The portable sawmill can be placed within an enclosed building, an open building that provides cover, or be operated outside. Logs to be milled are brought to the site by log trucks and maneuvering the logs onto the saw, and stacking the milled lumber requires a forklift or other heavy equipment. 4. The Industrial, Light zone is designated on properties located north of the Fairchild Airport and south of 18th Street, near the intersection of Lauridsen and "B" Streets, east of Red Lion motel adjacent to the Port Angeles Harbor, and near the intersection of 2nd Street with both Tumwater Truck Route and Valley Street. 5. Within the IL zone, wood product manufacturing, such as cabinets and prefab building components within a building is a permitted use. In addition, retail of building materials is a permitted use, as is wholesale buildings and yards, and storage yards for builders and contractors. These uses address the sale and storage of lumber products but not production or manufacturing of them. Allowed by conditional use approval, manufacturing buildings for specialized small tools and parts may be proposed within the IL zone. In reviewing the uses allowed in this zone, outside storage of materials is permitted, but the processing and manufacturing of materials should be contained within buildings. 6. Within the Industrial, Heavy zone, wood products manufacturing and sawmills are permitted uses and are not required to be within a building. This zone does not differentiate between a large scale or small scale sawmill. The IH zone is located south of the Fairchild Airport, and along the waterfront. 4428 Findings and Conclusions MCA 01-01 Page 2 7. The potential negative impacts of such an operation would include dust and noise from the sawmill, truck traffic or heavy equipment, light and glare, aesthetics and accumulation and disposal of wood waste. Noise can be mitigated by buffeting, such as enclosure of the use within a building and sufficient trees and vegetation, as well as hours of operation. In addition, compliance with WAC 173-60 Maximum Environmental Noise Levels would be required. If located outside and not under cover, the hours of operation would be limited by daylight, the ability of outside lighting and also weather conditions. Light and glare can be mitigated by lighting design, landscaping, and hours of operation. Aesthetics can be addressed by buffers and vegetation. Dust could be mitigated by watering and by wind barriers. Wood waste accumulation and disposal can be addressed by best management practices to include operation and storage of materials on a concrete foundation, as well as through systematic removal and proper disposal of waste accumulation. 8. The entire Comprehensive Plan was reviewed, and the following Comprehensive Plan policies are most relevant to the proposed amendment: Land Use Element Goal '54 ", Land Use Element Objective "Al % Land Use Element Goal 'H", Land Use Element Policy '743 ", Land Use Element Policy '744 '~ Conservation Policy '542", Economic Development Goal "A '~ Economic Development Policy "A2", and Economic Development Policy '545" 9. A smaller-scaled portable sawmill could be a permitted use within the IL zone if contained within a building under PAMC 17.32.020(A)(10), as long as other nuisance factors can be adequately addressed. 10. 'Portable sawmills' could be allowed as a conditional use within the IL zone under PAMC 17.32.040(B)(10) with certain standards to address noise, light and glare, accumulation of wood waste, and overall compatibility with adjacent residential uses. As an altemative, they could be a permitted use under PANIC 17.32.020(F) with several standard conditions. 11. The purpose of the Industrial Light Zone under PAMC 17.32.010 is as follows: This is an industrial zone intended to create and preserve areas for industrial uses in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. 12. Requirements for Zoning Code amendments are specified in PAMC 17.96.100. 13. A Determination of NonSignificance was issued for MCA01-01 on March 7, 2001. This SEPA action constitutes the final decision of the lead agency and satisfies the requirements of the State Environmental Policy Act. 14. Agency comments received on the proposal include: a) Fire Department requirements for compliance with the Uniform Fire Code that includes annual safety inspections, and b) Findings and Conclusions /4q- 2 C~ MCA 01-01 Page 3 Building Division requirements for any subsequent construction. No objections on the proposal were received. 15. In accordance with the Port Angeles Municipal Code, legal notice of the public hearing was made. No written public comments on the proposal were received. Conclusions: 1. The proposal, MCA 01-01, would allow small scale sawmills to operate within the Industrial, Light zone on properties or portions of properties less than one-half acre in size. 2. Due to potential environmental affects and compatibility issues, small scale sawmills should require a conditional use permit approval in order to address potential impacts on surrounding uses. 3. The proposal, MCA 01-01, as recommended by the Planning Commission, would be consistent with the Port Angeles Comprehensive Plan. 4. The proposal, MCA 01-01, as recommended by the Planning Commission, would be consistent with the Port Angeles Zoning Code and purpose and intent of the Industrial, Light zone. 5. The proposal, MCA 01-01, as recommended by the Planning Commission, is consistent with the requirements for Zoning Code Amendments as specified in PAMC 17.96.100. Adopted/~ the Port Angeles City Council at its meeting of April 17, 2001. L~r~y~D-~, MayoC/r/~ B-~ck~]. U~n, (~[y ~