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HomeMy WebLinkAboutMinutes 05/07/1996 3269 CITY COUNCIL MEETING Port Angeles, Washington May 7, 1996 CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:06 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Doyle, Hulett, McKeown [arrived at 7:07 p.m.], and Wiggins. Members Absent: Councilman Campbell. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, S. Ilk, J. Pittis, B. Titus, Y. Ziomkowski, and S. Hursh. Public Present: H. Schmidt, Sr., and E. Tuttle. APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of MINUTES: April 16, 1996. Councilman Doyle seconded the motion, which carried unanimously. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Ostrowski. ALLEGIANCE: CEREMONIAL 1. Proclamation Recognizing Transit Employees Appreciation Day - May 15, MATTERS/ 1996 PROCLAMATIONS: Mayor Ostrowski read a proclamation recognizing May 15, 1996, as Transit Transit Employee Employees Appreciation Day. Appreciation Day National Maritime Day Mayor Ostrowski read a proclamation recognizing May 22, 1996, as National Maritime Day. He presented the proclamation to Harold Schmidt, representing the Merchant Marines. FINANCE: I. Call for Bids for New Fire Hose New Fire Hose Mayor Ostrowski reviewed the information provided by the Fire Department. Councilman Braun moved to authorize the Fire Department to call for bids for the purchase of new fire hose. Councilman Doyle seconded the motion, which carried unanimously. Declare Contract with 2. Declare City Light Contract CL93-2 Complete for Purchase of Downtown All-Phase Electric Pedestrian Lights Complete Mayor Ostrowski reviewed the information provided by the Light Department. Councilman Wiggins moved to declare contract CL93-2 with Ali-Phase Electric Supply, Inc. complete and authorize the retainage payment of $1,568.16 upon receipt of release from the Washington State Department of Revenue verifying payment of sales tax. Counciimember McKeown seconded the motion, which carried unanimously. Water Utility Materials 3. Bids for Water Utility Materials Mayor Ostrowski reviewed the information provided by the Public Works Department. Councilman Doyle moved to award the bid for Schedules A, B, and C to Pacific Water Works for a total sum of $48,107.21. Councilman Braun seconded the motion, which carried unanimously. -1- 3270 CITY COUNCIL MEETING May 7, 1996 CONSENT AGENDA: Councilman I-Iulett moved to accept the Consent Agenda, including: 1) Request to authorize call for bids for VBMCC/City Hall Parking Expansion; 2) Final payment and acceptance of project for 8th Street Bridge Maintenance Project; 3) Payroll - April 21, 1996 - $375,390.15; and 4) Voucher list - May 3, 1996 - $738,067.82. Councilman Wiggins seconded the motion. Councilman Hulett inquired if the parking lot expansion would connect the two lots, and Public Works Director Pittis explained how the lots would be connected and where ingress and egress would be located. Manager Pomeranz reminded the Council this was not a budgeted item, and it was originally thought the excess Senior Center money would be used for this expansion. Those funds are currently unavailable; therefore, 1995 reserves will be used to fund this project. Further discussion ensued, and Attorney Knutson reviewed the status of the excess Senior Center funds. A vote was taken on the motion, which carried unanimously. ITEMS FROM THE An unidentified gentleman approached the podium and asked to speak to the AUDIENCE/COUNCIL/ Shoreline Management Permit. Attorney Knutson explained that there had been a STAFF TO BE public heating on this item, and no additional input can be allowed. The only time CONSIDERED OR for testimony on this item was at the Planning Commission. PLACED ON A FUTURE AGENDA: PUBLIC HEARINGS: None. LEGISLATION: A. Ordinances not Requiring Public Hearings None. City Manager Authorized B. Resolutions not Requiring Public Hearings to Enter into Minor Leases or Rental Agreements 1. Delegating Authority to City Manager to Enter Into Minor Leases or Rental Resolution No. 6-96 Agreements Mayor Ostrowski reviewed the information provided by the City Attorney's office and asked the City Attorney to clarify this issue. Attorney Knutson explained what conditions must be met before the City Manager could approve a minor lease or rental agreement. At Councilman Doyle's request, Attorney Knutson cited an example of a minor lease/rental agreement. Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 6-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, delegating authority to enter into minor leases or rental agreements and amending Resolution 28-95. Councilman Braun moved to pass the Resolution as read by title. Councilman Hulett seconded the motion. After brief discussion, a vote was taken on the motion, which carried unanimously. Manager Pomeranz informed the Council that staff has begun the 'Bureaucracy Busting" project, and more ordinances and resolutions may be forthcoming to allow more flexibility and to eliminate rules and regulations that do not serve the public. Department of Natural 2. A~thorizing Grant Application to Department of Natural Resources Resources Grant Application Mayor Ostrowski reviewed the information provided by the Parks & Recreation Resolution No. 7-96 Department. Scott Brodhun, Director of Parks & Recreation, offered to answer questions the Council may have. He reviewed the history of the Centennial Trail. Mayor Ostrowski read the Resolution by title, entitled RESOLUTION NO. 7-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing an application for funding assistance to the Department of Natural Resources for extension of the waterfront trail as an Aquatic Lands Enhancement Account Project. -2- 3271 May 7, 1996 Department of Natural Counciimember McKeown moved to pass the Resolution as read by title. Resources Grant Councilman Hulett seconded the motion, which carried unanimously. Application Resolution No. 7-96 C. Plannittg Commission Minutes/Action Items (Cont'd) 1. Planning Commission Minutes of April 10, 1996 Councilman Braun moved to accept the Planning Commission minutes of April 10, 1996. Councilman Hulett seconded the motion, which carried unanimously. Shoreline Substantial 2. Shoreline Substantial Development Permit - SMA 96(05)157, 1213 Marine Development Permit - Drive: Request for a Permit to allow the expansion of an existing restaurant Destiny Restaurant use itt the Urban Harbor shoreline area and IH, lndusirial Heavy zone. Mayor Ostrowski reviewed the information provided by the Planning Department and asked Planning Director Collins for a clarification of the issue. Director Collins explained that this was a minor restaurant expansion which would enclose a deck area. Because it is within 200 feet of the Boat Haven, it requires a Shoreline Substantial Development Permit. There had been some concerns which were resolved, and Director Collins felt the Council could concur with the recommendations of the Planning Commission. Councilman Hulett asked about the parking agreement, as there would be an increase in occupancy. Director Collins stated that parking was adequate. There was no adverse testimony regarding the expansion at the public hearing. Director Collins then provided a brief clarification of the Conditions, Findings, and Conclusions. Councilman Hulett moved to approve Shoreline Substantial Development Permit SMA 96(05)157, subject to Conditions 1 - 8 and citing Findings 1 -11 and Conclusions A - F, as set forth in Exhibit 'A", which is attached to and becomes part of these minutes. Councilman Wiggins seconded the motion, which carried unanimously. Director Collins noted that the minutes refer to a 30-day appeal period; however, the appeal period is 21 days under the new requirements. Coastal Corridor D. Other Considerations 1. Melanie Caltrider and Ed Tuttle to Address City Council re: Coastal Corridor Mayor Ostrowski invited Ms. Caltrider and Mr. Tuttle to introduce themselves and address the Council. Ed Tuttle, 202 Ahlvers Rd., and Melanie Caltrider, 595 Gossett Rd., introduced themselves, and Ms. Caltrider distributed information to the Council members. Ms. Caltrider stated, they wished to share information they had ' gathered regarding the Coastal Corridor, as well as concerns about the proposed Coastal Corridor highway designation. Ms. Caltrider directed the Council's attention to the Federal Register notification. She felt this contained important information that must be taken into consideration before a decision is made to sign onto the Coastal Corridor. Ms. Caltrider then reviewed what she considered to be the most pertinent information in the notification. She informed the Council that anyone signing onto the Plan is committing to do everything outlined in the Plan. She encouraged the Council to read the plan thoroughly before making a decision, as it contains many objectionable items. Ms. Caltrider then pointed out what roads would be included in the Coastal Corridor. According to Ms2 Caltrider, once a road is designated a national scenic byway, there is no way out locally. The inabiliky to opt out is the most fatal flaw of the program. She feared that there would be sanctions placed on jurisdictions that did not totally implement their Coastal Corridor management plans. Ms. Caltrider expressed concern over funding and advocacy issues and completed her review of the regulations contained in the Federal Register notification. Ms. Caltrider summarized by stating she believed the Coastal Corridor master plan provides a framework for a taxpayer supported advocacy to build support from onerous regulatory measures. She recommended the Council not sign in support of the Coastal Corridor plan and asked the Council to pass a resolution in opposition. She further advised the Council to request more time to review the plan by extending the deadline to January 1, 1997. Ed Tuttle informed the Council that the City of Forks passed a resolution asking for a one-year extension of the decision-making deadline. Mr. Tuttle felt this was an -3- 3272 CITY COUNCIL MEETING May 7, 1996 LEGISLATION: unfunded mandate. (cont'd) Mayor Ostrowski pointed out that this Coastal Corridor plan was only a draft, and Coastal Corridor anyone' can address eomm~mts to the Washington State Department of Transportation (Cont'd) until June 28, 1996. He felt many of the concerns raised were valid and must be addressed before the Coastal Corridor study is complete and a decision can be made. The City will not take a position on the plan until all comments have been received. Councilman Braun agreed that the time for comments should be extended to January 1, 1997, as this is a very important issue. Councilman Wiggins asked if the Council should form a committee to discuss this issue. Further discussion followed and Director Collins responded to questions posed by the Council and gave a brief history of this plan. Mr. Tuttle informed the Council that Parametrix is the consulting firm for this project. He stated that people in this county are paying $3,000 - $5,000 extra for utility hook-ups along the highway due to the interim designation as a Coastal Corridor highway. After further lengthy discussion, Councilmembers Braun, Doyle and Wiggins volunteered to sit on an ad hoc committee to further discuss and analyze this issue. 'O' and 14th Streets 2. Consideration of Request to Stop Further Work on '0' and 14th Streets LID LID Mayor Ostrowski rexdewed the information provided by the Public Works Department. Director of Public Works Pittis stated LIDs are very complicated issues and explained how LIDs are formed and why the LID under discussion should be stopped. Councilman Wiggins moved to withdraw authorization of further work on the 'O' & 14th Streets LID. Councilman Doyle seconded the motion, which carried unanimously. Resignation from Public 3. Resignation of Mary Robinson from Public Information Committee Information Committee Mayor Ostrowski reviewed the information provided by the City Clerk. Councilman Braun moved to accept Ms. Robinson's resignation and authorize staff to advertise to fill the vacancy. Councilman Hulett seconded the motion, which carried unanimously. Wheeling Agreements with 4. Authorize City Light Director to Sign Wheeling Agreements with Clallam Clallam County PUD Count. PUD Mayor Ostrowski reviewed the information provided by the Light Department. Light Director Titus explained that there are a number of areas within the City that the PUD was serving, because, at the time serVice was established, these areas were in the County. In the past, there was no mechanism in place to transfer service after annexation. An agreement was reached with the PUD for the City to take over serVice of all city customers and this agreement will complete the transfer. After limited discussion, Councilman Doyle moved to authorize the City Light Director to sign the attached Wheeling Agreement(s) with Clallam County PUD. Councilmember McKeown seconded the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 8:45~1~m~~ -4- 3273 CONDITIONS, FINDINGS & CONCLUSIONS - SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 96(05)157, 1213 Marine Drive (Destiny Restaurant): Conditions: 1. If the subject site has not be previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha S'Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha S'Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation, a decision of the cultural review team occurs without an approved archaeologist on-site and any phenomena of possible archaeological interest are uncovered, the developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 2. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5 and 6. 3. The proposed use shall meet all requirements of the Port Angeles Municipal Code including zoning, parking, fire, and building code requirements. A revised parking plan shall be submitted to the Planning Department which provides the required number of parking spaces. 4. All storage areas on the site shall be screened from public view in accordance with the City's Shoreline Master Program. 5. All signs shall be consistent with the City's IH zone regulations and Chapters 4 and 5 of the City's Shoreline Master Program. 6. The applicant shall apply for and receive a conditional use permit for a restaurant in the Industrial, Heavy zone per Section 17.34.040 J of the Port Angeles Municipal Code. 7. The design of the structure shall be as such to provide visual access to the shoreline for a substantial number of the restaurant patrons. 8. The site design shall not conflict with the City's waterfront trail. 3274 Findings: 1. The applicant, Satendra Maharaj, applied for a Shoreline Substantial Development Permit on February 26, 1996 and the application was determined complete on April 17, 1996 (Please see Staff Report Attachment A). 2. ^ Mitigated Determination of Non-Significance (MDNS # 663) was issued by the City of Port Angeles SEPA Responsible Official on March 18, 1996. During the comment period a letter was received from the Department of Ecology noting that the project must be consistent with the Shoreline Management Act, its rules, and the local shoreline master program. (Staff Report Attachment B). 3. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan and Zoning Ordinance have been reviewed with respect to this application. 5. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance, and Urban Harbor in the City's Shoreline Master Program. 6. A restaurant is a water-enjoyment commercial use in the Urban-Harbor shoreline designation. 7. The site is part of the Port of Port Angeles Boat Haven property. 8. The shoreline has been altered substantially from its natural state. It consists of a steep rock rip rap wall. Above the wall is a level industrial/commercial site with no vegetation. Waterward of the shoreline is the Boat Haven harbor. 9. The City's waterfront trail runs east and west adjacent to the property's south property line. 10. The nearest residents are over 300 feet south of the site and are atop a marine bluff which is over 100 feet above sea level. 11. No new excavation is proposed for the project as construction has already occurred. Conclusions: A. The following adopted City policies are most relevant to the proposed project, Comprehensive Plan Land Use Element Policies A-2, C-l, D-l, E-4, G-i, and the Conservation Element Policies D5 and 7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-2, D-l, I-1-3, J-1 and 2, L-1 3275 and N-1 and 2, Chapter 5, Policies D-i, 9, and 12, and Chapter 6, E-l, 3 and 4, and all associated regulations. B. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2, C-l, D-i, E-4, G-i, and the Conservation Element Policies D5 and 7, the City's Industrial, Heavy zone, and the City's Shoreline Master Program Chapter 4, Policies B-2, D-l, 1-1-3, J-1 and 2, L-1 and N-1 and 2, Chapter 5, Policies D-l, 9, and 12, and Chapter 6, E-l, 3 and 4, and all associated regulations. C. The project will not be detrimental to the shoreline. D. As conditioned, the proposed project will not increase demand for public access to the shoreline. E. As conditioned, the proposed project will not interfere with an existing public access way. F. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. Adot~ed by the Port Angeles City Council at its meeting of May 7, 1996. / ~s~)er Os'tr~wski, M~ayor Becky J. lfl~on,~ity (~er~-