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HomeMy WebLinkAboutMinutes 05/18/19932481 CITY COUNCIL MEETING Port Angeles, Washington May 15, 1993 CALL TO ORDER - Deputy Mayor Sargent called the special meeting of the Port Angeles City Council SPECIAL MEETING: to order at 6:35 p.m. ROLL CALL: Members Present: Deputy Mayor Sargent, Councilmen Ostrowski, Schueler and Wight. Members Absent: Mayor Hallett and Councilmen Braun and Nicholson. Staff Present: Manager Pomeranz, Attorney Knutson, Deputy Clerk Hagar, S. Brodhun, L. Glenn, B. Titus, K. Ridout, T. Riepe, and D. Sawyer. Public Present: J. Huston, D. Milligan, D. Ketchum, K. Feakes, J. Rose, C. Konopaski, J. Roebuck, M. Roebuck, B. Berezowsky, R. Linkletter, S. Allen, J. Smilay, J. Ralston, and C. Miller. ADJOURN TO Deputy Mayor Sargent adjourned the meeting to Executive Session at 6:35 p.m. to EXECUTIVE SESSION: discuss matters of real estate for approximately 20 minutes. RETURN TO The meeting returned to open session at 7:00 p.m. OPEN SESSION: CALL TO ORDER - Deputy Mayor Sargent called the regular meeting of the Port Angeles City Council REGULAR MEETING: to order at 7:05 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Dori Goin and Cheryl McCurdy's ALLEGIANCE: Camp Fire Group "Starflight Roses". Participating were Amanda McCurdy, Katie Goin, Aaron Monds, Brad Evans, Sara Rasmussen, Rachel Evans, Karlee Bruch. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: May 4, 1993. The motion was seconded by Councilman Schueler. The following corrections were made to the minutes. Deputy Mayor Sargent pointed out on Page 8, under City Council Compensation, it should read "a vote was taken on the motion, which carried by a majority vote, 4-2". Also, Page 11, under Employment Agreement - City Manager, Item (1) should be amended to read "the City would pay him six months' salary". Councilman Wight offered clarification to Page 5, the last full paragraph at the bottom, where the essence of what he was trying to say was "parking would probably make a negligible impact in the described situation, but that operating a business in a residential zone should not be allowed unless the specific required conditions are met, because the zoning codes and the conditional use regulations are set up to protect the residential standards." A vote was taken on the motion which carried unanimously. CEREMONIAL Buddy Poppy Days MATTERS/ PROCLAMATIONS: Deputy Mayor Sargent read a proclamation designating May 21 and 22, 1993, as Buddy Poppy Days. Kitty Feakes, the local Veterans Service Officer, accepted the Buddy Poppy Days proclamation, and thanked the City of Port Angeles. -1- 2482 CITY COUNCIL MEETING May 18, 1993 CEREMONIAL Safe Boating Days MATTERS/ PROCLAMATIONS: Deputy Mayor Sargent read a proclamation designating May 17 - 27, 1993, as Safe (Cont'd) Boating Days. Bill Hamilton, from the U.S. Coast Guard Auxiliary Flotilla 42 in Sequim, accepted the proclamation. Captain Brown of the U.S. Coast Guard praised Safe Boating Days the Coast Guard Auxiliary for its good work, and reminded Council that the Safe Boating Fair will be this weekend and hoped everyone would have an opportunity to stop in. CITY COUNCIL Councilman Schueler attended a two-day meeting at the University of Washington, COMMITTEE regarding environmental issues on which he will prepare a formal report for Council REPORTS: within the next week or two. Councilman Ostrowski had nothing to report. However, he did want everyone to know that the Deputy Mayor had represented the City at the Rhododendron Festival last weekend, and tl)e weep prior to,that the City^was represen,,ted at the Sequim ~ Irrigation Festival~ !~cux~ D~.tlcO&~. Councilman Wight attended the UAC meeting. Composting and mandatory separation of yard waste was discussed. The City is proposing to combine free distribution of compost bins with public education to start the program, rather than going to mandatory compliance. Deputy Mayor Sargent attended the meeting on the Fire Hall. She welcomed three convention groups: the Toastmasters, the Square Dance and Folk Dance Federation, and the A M Tourism. She attended 1-I/2 days of Recovery Workshop held at the VBMCC and represented the Council at an Appreciation Day at the Methodist Church on Sunday, for Councilman Nicholson's retirement. Councilman Wight also attended this event. Deputy Mayor Sargent spent part of today at the oil spill practice which was very interesting and informative. Public Works Director Pittis demonstrated the compost bins and gave a brief explanation on how to compost. The City would start out with 1000 bins, at a cost of approximately $6,000.00. The bins will be available at both City Hall and the landfill. Hopefully, once people start composting with the free bins, it will establish a pattern which they will choose to continue. Councilman Ostrowski moved to accept the recommendation of the Utility Advisory Committee and recommend that Staff proceed with obtaining and distributing the compost bins. Councilman Schueler seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Wight moved to accept the Consent Agenda, including: (1) Authorize bids for new Port Angeles fire hall; (2) Request to declare Contract CL92- 7, Mosa Construction, Railroad Avenue, complete and authorize final payment; (3) Authorize Parks Director to sign contract to repair roof on Fine Arts Center; (4) Correspondence from Washington State Liquor Control Board; (5) Concept Administrators through April 1993 of $384,582.27; (6) Wire transfers for April 1993 of $1,736,689.00; (7) Payroll of May 9, 1993 of $368,778.00; and (8) Voucher list of May 14, 1993 of $1,836,467.03. The motion was seconded by Councilman Ostrowski. A brief discussion ensued. Councilman Schueler exhibited concern over the Concept Administrators amount, as the City is already 17 % over budget for the year. Manager Pomeranz explained that one of the employees has a child with a brain tumor, thus unexpected expenses have arisen. A vote was taken - on the motion, which carried unanimously. ITEMS FROM THE There were no new items added to the Agenda. However, at this time, Deputy AUDIENCE/COUNCIL/ Mayor Sargent requested to bring forward agenda items F. 1. and F.2., as they are STAFF TO BE somewhat related to the first public hearing and concern the downtown. CONSIDERED OR PLACED ON A Councilman Wight requested that item F.6. be moved forward when Council got to FUTURE AGENDA: Other Considerations. LEGISLATION: A. Public Hearings Public Hearings 1. Proposed Amendment to the Parking Regulations as They Pertain to the Parking Business Improvement Area (PBI~t), Downtown PBIA -2- 2483 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: Deputy Mayor Sargent reviewed the information provided by the Planning (Cont'd) Department. She then opened the public hearing at 7:35 p.m. PBIA (Cont'd) Greg Sherer, 139 W. 12th Street, owner of Pacific Rim Hobby and President of the Downtown Merchant Association, introduced several members of the Association and informed Council that they would each speak on different issues addressed in the parking proposal. He then introduced Jim Haguewood. Jim Haguewood, 705 Christman Place, provided a brief history of the Downtown Parking Association, which started in the 1960's. Currently, the Association provides 55 % of the total required parking of all the uses in downtown Port Angeles. The Association got together and gathered data and put together the proposal before Council this evening. They feel this is the best proposal. He then introduced Rob Linkletter. Rob Linkletter, 1324 East First Street, stated that future development of the Downtown is restricted due to the current parking restrictions. The prime thrust of the proposed parking plan is to promote economic development in the downtown business district. This proposal will allow larger uses to function in the Downtown once more. A parking investment surcharge and an in-lieu fee will go toward future parking arrangements and maintenance of existing parking. The reduction down to 50 % is based on the fact that the Association does provide 55 % of the parking that is now required. Gordon Phares, 542 Walker Valley Road, advised the Council that the vote taken by the membership involved approximately 60 - 65 % of the members and was endorsed by about 85 % of those participants. The Association is basically looking for a one- year time period to put together a parking management plan which will be approved by all the appropriate people. Mr. Phares stated that our Downtown is unique and its use should be encouraged and preserved. Parking reductions will allow an opening of economic vitality to exist in the PADA, as the current standards are too restrictive for this area. Lorraine Ross, 418 E. Front Street, noted that in the 50's, the downtown was alive and functioning with hardly any parking spaces. If the Lincoln Theater were rebuilt with the parking ordinance as it now stands, it would take 3 blocks of nothing but parking. This is totally unrealistic, and it is time for a change. Deputy Mayor Sargent closed the public hearing at 8:05 p.m. City Attorney Knutson pointed out that there was a printing error in the ordinance. If the Council is inclined to approve this ordinance, a corrected copy will be presented for Council adoption at the next meeting. Councilman Wight moved to approve the proposed amendment to the parking regulations as recommended by the Planning Commission in the Minutes of May 12, 1993, citing the following Conditions, Findings and Conclusions: Conditions: (1) A Parking Development and Management Plan initiated and prepared by the Port Angeles Downtown Association as outlined above shall be submitted to the Planning Commission and City Council for review and approval; (2) The Parking Development and Management Plan shall at a minimum address: (a) The role of the Port Angeles Downtown Association and how it is organized; (b) Where and how new parking lots/spaces will be provided including financing and cost analysis; (c) Clarification of when new parking spaces will be built with funds generated from the in-lieu fees; (d) A current inventory of existing land uses, downtown occupancy rates, parking facilities (spaces) and use survey; (e) Explanation of how in-lieu fee amount is determined; (f) Maintenance Program; (g) Annual Report Requirements; (h) Techniques for managing parking spaces for maximum effectiveness and for providing information on availability of parking to the public; (i) Programs for reducing the need for automobiles in the Downtown including incentive programs for employees to use alternative modes of transportation; (3) The payment of fees in-lieu of required parking will not be accepted for meeting parking requirements until the City has approved the Parking Development and Management Plan; Findings: (1) The proposal is (a) to reduce the parking requirement for businesses located in the Central Business District to one-half the number of parking spaces required for the same land uses in the rest of the City, (b) to include a "grandfather clause" which would eliminate the requirement for providing additional parking for a change of use that doesn't increase building size, and (c) to amend the PBIA ordinance to create a new in-lieu fee of $4,000 per parking space and a new annual assessment of one cent per square foot of floor area; (2) The City amended Section 14.40.120 PAMC in January, 1992. This amendment significantly reduces the requirement for parking when the use changes in an existing building; (3) The applicant has indicated that -3- 2484 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: desired uses for economic development of the downtown, such as restaurants, have (Cont'd) been discouraged because of the parking requirements; (4) Under existing regulations, acceptance of membership in the Parking and Business Improvement PBIA (Cont'd) Area (PBIA) is not acceptable grounds for providing a fee in-lieu of parking because the PBIA does not provide the parking required for all of the uses consistent with Section 17.40.170 (B); (5) The applicant has stated that the existing parking lots are used to 50% capacity. As a volunteer group, they have conducted a number of inventories of use of parking over the past several years; (6) There are a number of Comprehensive Plan policies which have been identified in the staff report being most relevant for the proposal. In general, these policies encourage economic development, creating a pedestrian oriented downtown, and minimizing congestion and accidents - specifically by providing sufficient off-street parking; (7) No analysis has been conducted to determine appropriate parking standards. A Parking Development and Management Plan will be developed to mitigate the reduction in parking; (8) A Parking Development and Management Plan will be developed to ensure effective and equitable development of parking with funds raised through an in lieu fee and annual assessment; (9) A Parking Development and Management Plan will be developed to ensure the most effective means of managing parking to minimize traffic congestion and hazards; Conclusions: (A) As conditioned, the proposed amendment adequately balances the need for economic development and a healthy downtown and the need to minimize traffic congestion and accidents; (B) A Parking Development and Management Plan will provide a means to effectively manage downtown parking areas and manage collection of funds and construction of new parking facilities; (C) The proposed amendment is consistent with the Comprehensive Plan Goals and Policies which support economic development; (D) As approved, the amendment mitigates traffic impacts in order to maintain consistency with the Comprehensive Plan Goals and Policies which encourage minimizing congestion and accidents by ensuring adequate off-street parking is provided. Councilman Ostrowski seconded the motion. Discussion followed and Councilman Schueler pointed out that, although there was less parking space in the 1950's, one cannot overlook the fact that there were also fewer cars. He also wished to remind Council that, at the last meeting, a decision was made regarding off-street parking on Fifth and Oak Streets to which he objected. Councilman Wight felt that when you have a group of people collectively trying to get the job done and is pro-active, he feels it is incumbent upon the government to try to help them along the way. Deputy Mayor Sargent feels it is a small step in the fight direction in curing some of the problems that the City has seen in the downtown. A vote was taken on the motion which carried unanimously. PADA 1993-1994 Presentation of the Port Angeles Downtown Association 1993-1994 Operating Budget Operating Budget Greg Sherer explained the PADA 1993-1994 Operating Budget. Deputy Mayor Sargent inquired as to why there was no revenue for special projects. Barry Berezowsky, 607 W. 13th Street, Executive Director of PADA, explained that the money for special projects was in a CD at First Federal. It was a one-year CD which was rolled over in January. The PADA reimbursed the City $8,400 for planters in downtown and contributed $2000 to the Jackson Smart mural project. That money was to come out of the CD funds. The CD rolled over and the money did not get captured and placed in the general operating account as intended. Budget Rent a Car Agreement between Downtown Association and Budget Rent-a-Car for Agreement operation of downtown parking lot Councilman Ostrowski moved that the Mayor be authorized to sign the Agreement between the Downtown Association and the Budget Rent-a-Car for the operation of the downtown parking lot. Councilman Schueler seconded the motion, which carried unanimously. LEGISLATION: A. Public Hearings Rezone Request - 2. REZONE REQUEST- REZ 93(05)06 - PETREE, Southeast corner of 16th Petree and ~0" Streets: Request to rezone approximately 5.23 acres from RS 9, Single Family, to RMD, Residential Medium Density. Deputy Mayor Sargent reviewed the information provided by the Planning Department. She opened the public hearing at 8:20 p.m. -4- 2485 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: John Pope, 735 E. Sixth Street, Superintendent of the Port Angeles School District, (Cont'd) distributed a handout composed of graphs which showed the overcrowded condition of the schools in the proposed rezone area. Allowing this rezone would only further Rezone Request- aggravate this condition. Approximately 70% of the students involved in the Petree (Cont'd) overcrowding situation are residents of Port Angeles. He asked that the Council vote in opposition to this rezone request. John Huston, 2438 W. 12th Street, expressed opposition to the RMD zoning. He was present this evening as representative of 232 people who have signed a petition against the rezone. There has recently been a rezoning in this area which created an RMD. The schools are already overcrowded; the area is congested from the prospective of traffic and safety. A second RMD would place undue burden on the schools and streets and should not be supported. Doris Ketchum, 2421 W. 18th Street, indicated the property under discussion surrounds Mrs. Ketchum's 2.9 acres for 127 ft. on the north and 350 on the west. She is concerned with rezoning, as it affects her RS-9 property. Recently, an RMD was created on the property adjoining the five acres east of her. She feels she has lost control of her most important asset, her home. She is opposed to the rezone. Colin Konopaski, part owner of the property under discussion, distributed a list of points he wished to have considered. The property has been on the market for two years as RS-9 with little interest because of the nature of the neighborhood. The property to the west on 18th and 'O" now has mobile homes. The property south is a Port Industrial Park. The property to the east, Mrs. Ketchum's property, is a nursery, even though it zoned RS-9 there are no other homes on that property. There is an RMD zone to the east of that property and with the City's long-range plan for urban growth, this would be a good place for a RMD. This is on a main arterial and should be able to accommodate the extra traffic. It would be difficult to build custom homes on this property and make them saleable due to the use of the surrounding land. No one wants RMD in their backyard, but it has to go somewhere and this is a good place for it. Doris Ketchum returned to the microphone to inform the Council that her property has not been a nursery for some time, it is only her private residence. Deputy Mayor Sargent closed the public hearing at 8:40 p.m. Deputy Mayor Sargent pointed out that the Planning Commission had also held a public hearing, and moved unanimously to recommend denial of the rezone request citing findings and conclusions that differed slightly from what the Planning Department recommended for the Conditions. Senior Planner Sawyer informed the Deputy Mayor that the Planning Department would concur with the recommendations that were included in the April 28 minutes of the Planning Commission. Councilman Schueler asked if the Planning Department had reversed its previous recommendations. Planner Sawyer explained that the Planning Department originally recommended approval of the rezone, but in light of the testimony and evidence that came out, they now concur with the Planning Commissions recommendations. Mr. Sawyer went on to explain what the new evidence was and why the Planning Department changed its recommendation on the rezone. Councilman Schueler expressed confusion over this, and felt the City is being pressured into doing something that is a reversal of what the initial intent was and inconsistent with the Comprehensive Plan for land use in this community. Mr. Sawyer further explained the reasons for the Planning Department changing its opinion on the rezone request. Lengthy discussion ensued. Councilman Wight moved to concur with the recommendation of the Planning Commission to deny the request for rezone, citing the following Findings and Conclusions: Findings: (1) The request is for rezone of roughly 5.23 acres of property described as Suburban Lot 101, except tax lots 837 and 6282, Townsite of Port Angeles; (2) The Comprehensive Plan identifies the site as suburban residential environment. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 3 & 5; Residential Policies Nos. 4-5 & 15-18; Social Objectives Nos. 1, 2 & 3; and Land Use Objectives Nos. 1-2 & 4-6; (3) The City of Port Angeles SEPA Responsible Official issued a Determination of Non-Significance for the rezone on March 31, 1993. (4) Property surrounding the site on three sides is zoned RS-9 and east of the site is zoned Public Buildings and Parks (PBP); (5) The site is undeveloped; (6) Eighteenth Street serves as the only arterial to the site. "O" Street has not been improved; (7) The draft Comprehensive Plan land use map identifies this area as low density -5- 2486 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: residential. Other areas along 18th Street are identified for medium density (Cont'd) residential development; (8) The Port Angeles School District is overcrowded and the nearest elementary school (Hamilton) is at 130% of its student capacity; Rezone Request- Conclusions: (A) The rezone is not in the public use and interest and is not Petree (Cont'd) compatible with the surrounding zoning. The area is primarily a single family large lot neighborhood; (B) The rezone may not be consistent with Comprehensive Plan policies relating to suburban residential environment and preservation of neighborhood; (C) Circumstances have not changed in the immediate vicinity to indicate that RMD zoning is more appropriate than the existing RS-9 zoning. The area has generally been developed as a large lot single family neighborhood. The Comprehensive Plan land use map as recommended for approval by the Planning Commission identifies other areas in the vicinity for medium density residential, but proposes to maintain this area as low density residential; (D) Development of this property at higher densities would be detrimental to the Port Angeles School District, which is currently overcrowded and exceeding student capacities. Councilman Ostrowski seconded the motion for discussion. Councilman Wight finds this a difficult issue to decide. In the past he has been very supportive of affordable housing, and articulated his view that residential neighborhoods can have a blending of housing styles with no adverse effects. However, with the Growth Management Act and trying to establish a new Comprehensive Plan, rezone decisions are more difficult to make. There is a Draft Land Use Policy which is about to be presented to the City Council. The Council has heard testimony that the land use recommendations that are going to be presented would perhaps find this particular rezone inappropriate with the recommended land use policy. It is also inappropriate with the current land use policy. He felt that at this time, the best decision Council can make, is to deny this rezone. He would have felt better about the rezone if it was for a PRD versus RMD. Councilman Schueler went on the explain his feelings on this issue, and his discomfort with making a decision without having more information. He feels this type of rezone is always denied. Councilman Schueler moved to table the issue for discussion at a future meeting. The motion died for lack of a second. A vote was taken on the original motion which carried 3 - 1, with Councilman Schueler voting in opposition. Rezone Request 3. REZONE REQUEST- REZ 03(05)07 - PETREE, 2300 Block West lOth Street: Request to rezone approximately 9. 20 acres from RS-9, Residential Single-Family, to RMD, Residential Medium Density. The applicant has withdrawn this application. Rezone Request- 4. REZONE REQUEST- REZ 93(05)08 - McNutt, 229 East First Street: McNutt Request for rezone of approximately I1,900 square feet of property from Ordinance No. 2763 ACD, Arterial Commercial, and CBD, Central Business, to RHD, Residential High Density. Deputy Mayor Sargent reviewed the information provided by the Planning Department. She opened the public hearing at 9:05 p.m. Dr. Harlan McNutt, 231 E. First Street, owner and operator of the property under discussion, noted there are condominiums on the land ready for sale. The land meets every element required, except that there be a commercial property at the first level, which is forty feet below the main level. The land will not support a commercial endeavor due to the topography. The zoning was imposed in the 1950's, and he was informed at that time he could apply for a zoning change in the future. Craig Miller, 230 E. Fifth Street, represents Northwestern National Bank, which is the mortgagee of the property. The property cannot be sold at this time, because there is no certificate of occupancy as a result of the zoning problem. This problem needs to be resolved so that the property can be placed on the market. Joyce Rose, 22 S. Ridgeview Drive, is employed by Harbor Lights Realty. At present, this property cannot be sold in any capacity. It cannot be sold as commercial because there was no commercial interest; it could not be sold as residential because it was zoned commercial. The highest and best use for this land would be residential. Deputy Mayor Sargent closed the public hearing at 9:10 p.m. -6- 2487 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: Deputy Mayor Sargent read the Ordinance by title, entitled (Cont'd) ORDINANCE NO. 2763 Rezone Request - McNutt (Cont'd) AN ORDINANCE of the City of Port Angeles Ordinance No. 2763 rezoning property located at 229 East First Street, Port Angeles, Washington Councilman Ostrowski moved that the Ordinance be adopted as read by title, and concur with the Planning Comlnission's recommendation and approve the rezone, citing the following Findings and Conclusions: Findings: (1) The approval is for a rezone, from ACD and CBD to RHD, of a site with abut 11,900 s.f. of site area; (2) There are a number of Comprehensive Plan land use designations that converge near the site, including urban residential, auto commercial, CBD and daily commercial. There are a number of Goals, Policies and Objectives which have been identified as being relevant to the rezone including Goals Nos. 2, 3 & 5; Residential Policies Nos. 13 & 15-18; Commercial Policies Nos. 1, 2 & 6-7; Social Objectives Nos. 1-3; and Land Use Objectives Nos. 1, 2 & 4-6; (3) The City of Port Angeles SEPA Responsible Official issued a Determination of Non- Significance for the rezone on April 28, 1993; (4) Property west of the site is zoned CBD with ACD to the north, south and east. There is existing RHD zoning on the north side of the alley, about 300 feet east of the site; (5) The site is improved with a four unit condominium building. Parking is provided in garages which are accessed from the First/Front alley; (6) The site is located on a bluff located above First Street; (7) Access to the site is limited to the alley, via Chase Street; (8) The other uses on the bluff are also residential. Those facilities share the same access limitations as the subject property; (9) The site is zoned CBD and ACD which allows residential uses in a mixed use development; (10) The blufftop properties have been zoned ACD since at least 1966. There are no known commercial uses on the site or on the north side of the alley; Conclusions: (A) The rezone is in the public use and interest and is compatible with the surrounding zoning; (B) The rezone is consistent with the Goals, Policies, and Objectives of the Comprehensive Plan, specifically, those identified in Finding No. 2; (C) Circumstances have changed since the property was zoned ACD. At least 27 years have passed without any commercial development despite the commercial zoning and despite the 1990 code amendment which allowed mixed residential/commercial uses. Councilman Wight seconded the motion. At this time Attorney Knutson requested that a small revision be made to the legal description. Councilman Ostrowski amended his motion to include the revision. Councilman Schueler requested clarification of the comments made by Commissioner Alexander at the Planning Commission meeting. Planner Sawyer explained what he thought Commissioner was trying to say. A vote was taken on the motion which carried unanimously. Break Deputy Mayor Sargent recessed the meeting for a break at 9:15 p.m. The meeting reconvened at 9:30 p.m. Rezone Cont'd 4. Rezone Request Continued Referring to the Planning Commission minutes, Commissioner Alexander requested that the portion of property located immediately west of the subject property in the rezone be considered as well. Council did not include that in the motion. Councilman Ostrowski moved to initiate the rezoning application for the additional property as noted and as recommended by the Planning Commission. Councilman Wight seconded the motion, which carried unanimously. Bicycle Helmet B. Ordinances not requiring public hearings Ordinance - Ordinance No. 2764 Bicycle helmets Deputy Mayor Sargent reviewed the information provided by the City Attorney. Deputy Mayor Sargent read the Ordinance by title, entitled ORDINANCE NO. 2764 -7- 2488 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: AN ORDINANCE of the City of Port Angeles, Washington, (Cont'd) , establishing bicycle helmet regulations and implementation programs and creating Chapter 10.06 Bicycle Helmet of the Port Angeles Municipal Code. Ordinance - Ordinance No. 2764 Councilman Schueler moved to adopt the Ordinance as read by tifle. (Cont'd) Councilman Wight seconded the motion. Councilman Schueler provided a history of the work involved in getting the Ordinance to this stage. He thanked Michael Clancy, M.D., and Susan Allen, RN, for their help in getting this Ordinance established. The NW Regional Emergency Medical Services and Trauma Care Council sent Councilman Schueler a letter informing him that their group had provided 139 helmets to the school children of Port Angeles in their spring campaign and 129 helmets during their fall campaign. He further explained how the Ordinance would work. The local medical community has offered to help support the Ordinance by providing helmets. Councilman Ostrowski had questions regarding the enforcement of the Ordinance. Commander Riepe explained that they are willing to support and attempt to enforce the Ordinance. Deputy Mayor Sargent is pleased with the way the program is being phased in gradually and the education program which will accompany it. She also felt there was a need to address the fact that only two bicycles are registered in the City, and people who have bicycles should have a license. She suggested that the utility notice be used in advising people that bicycle licenses are due and also cat and dog licenses. A vote was taken on the motion, which carried unanimously. Public Nuisance - C. Resolutions Requiring Public Comment Resolution No. 18-93 I. Consideration of Public Nuisance Deputy Mayor Sargent reviewed the information provided by the Public Works Department. Deputy Director Ridout distributed a revised Exhibit "A". Deputy Mayor Sargent inquired as to whether there was any public comment pertinent to the nuisances. There being none, she read the Resolution by title, entitled RESOLUTION NO. 18-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Councilman Ostrowski moved the Resolution be passed as read by title. Councilman Wight seconded the motion. Councilman Schueler inquired as to why the City did not just go in and clean up the properties and bill the owners, rather than having to repeatedly declare a nuisance. Attorney Knutson explained that this was not an option under our current Ordinance, unless it was an em, ergency type of situation, such as an imminent fire hazard, a rodent infested area, etc. A further discussion ensued on the current public nuisance ordinance. A vote was taken on the motion, which carried unanimously. Street Vacation - D. Resolutions Not Requiring Public Hearings Resolution No. 19-93 1. REQUESTFOR VACATION OF CITYRIGHT-OF-WAY- LEVICK: Petition requesting vacation of a portion of the Fifteenth Street right-of-way west of Cedar Street. Deputy Mayor Sargent reviewed the information provided the Planning Department and read the Resolution by title, entitled RESOLUTION NO. 19-93 A RESOLUTION of the City of Port Angeles vacating a portion of West Fifteenth Street. Councilman Ostrowski moved to pass the Resolution as read by rifle. -8- rr 2489 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: Councilman Schueler seconded the motion. A vote was taken on the motion (Cont'd) which carried unanimously. Planning Commission E. PLANNING COMMISSION MINUTES/ACTION ITEMS Minutes/Action Items 1. SHORT PLAT APPEAL - RALSTON, SHP 93(02)01, Park and Porter Streets: Request for appeal of two conditions of a preliminary short plat approval for a 4-lot plat in the RS-9, Residential Single-Family District. Deputy Mayor Sargent reviewed the information provided by the Planning Department. The Planning Commission eliminated the requirement for alleys. Senior Planner Sawyer informed Council that the Planning Department would still _ like to see an alley as a condition of approval. Members of the Council expressed confusion over the issue, as there was no map to show them the land under discussion. Deputy Director Ridout explained that he felt the concerns of the Planning Commission were over Mr. Ralston subdividing the land in a piecemeal fashion, rather than altogether. However, being that he sold the second of the four lots, it is not possible to submit it as a whole entity, so he is only concerned with Lot 1 at this time. A map of the area was found, and Deputy Ridout was able to give Council a better picture of what was involved. Councilman Wight moved to uphold the Planning Commission's recommendation on the appeal, citing the following Conditions, Findings and Conclusions: Conditions: (1) Submit a storm drain plan to the Public Works Department for review and approval; (2) Dedicate to the City the rights-of-way neexted to serve the site including 10 feet along Park and Porter Avenues and 30 feet along HigMand Avenue; (3) Curb, gutter and sidewalk shall be provided along Porter Avenue frontages and a non protest LID agreement will be entered into for improvements on Park Avenue; Findings: (1) Approval is based upon a preliminary plat prepared by Northwestern Territories dated February 1, 1993; (2) The subject property is identified by the Port Angeles Comprehensive Plan as Suburban Residential Environment, which encourages residential development with lots between 9,000 and 14,000 square feet in size. There are a number of Comprehensive Plans Goals, Policies and Objectives which are relevant to the proposal including Goals Nos. 1, 3 & 5; Residential Policies Nos. 2, 4, 5, 8, 9 & 11; Circulation Policies Nos. 3, 4, 6, 7, 8 & 10; (3) The subject property is identified by the Port Angeles Zoning Map as RS-7, which allows single-family dwellings on 7,000 square foot lots; (4) The proposed short plat would create four regularly shaped lots averaging 7663 s.f. in area and 65' in width; (5) The site is vacant and abuts on two arterial roads and one access road. Both arterials, Park and Porter Avenues, have been identified as school walking routes; (6) There is adequate lot area to provide the additional right-of-way dedication as conditioned and to create four townsite lots; (7) Section PAMC 16.04.100 requires that the Port Angeles Planning Director determine if appropriate provisions for public health, safety and general welfare of the community have been made and whether the public use and interest is served by approval of the short plat application; (8) The Port Angeles Public Works, Light and Fire Departments reviewed the proposed short plat and their comments have been considered in the review. Public Works has commented that there are sufficient utilities and rights-of- way to serve the short plat; (9) There are two schools in the vicinity including Franklin School to the west and Peninsula Community College to the east; (10) A portion of the Highland View Acre Tracts to the south has been resubdivided which utilized the grid circulation pattern with alleys which eliminated the need for pan handle lots; (11) Section 16.04.070(B)(4) PAMC (Short Plat Ordinance) allows _ dogleg lots 'if there is no reasonable likelihood that standard rights-of-way could be provided in cooperation with abutting properties"; Conclusions: (A) As conditioned, the proposed short plat is consistent with the Port Angeles Comprehensive Plan and Zoning Code; (B) As conditioned, the proposed short plat is consistent with the Port Angeles Short Plat Code, Chapter 16.04 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW; (C) As conditioned, approval of the proposed short plat provides for the public health, safety and general welfare of the community and serves the public use and interest. Councilman Ostrowski seconded the motion. There being no further discussion, a vote was taken on the motion which carried unanimously. Preliminary 2. PRELIMINAR Y SUBDIVISION- MIL WA UKEE HEIGHTS, Southwest corner Subdivision - of Milwaukee and 'N" Streets: Proposal to subdivide approximately 6. 88 Milwaukee Heights acres into 24 residential tots in the RS-9, Residential Single-Family District. -9- 2490 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: Deputy Mayor sargent reviewed the information provided by the Planning (Cont'd) Department. Senior Planner Sawyer clarified an issue regarding Condition #10. The applicant has submitted for a Phase I and a Phase II, so it is necessary to state that Preliminary the final Plat approval as mentioned in Condition #10 is, 'final plat approval for Subdivision - Phase II shall not be granted". Milwaukee Heights (Cont'd) Extend Meeting Councilman Wight moved to extend the meeting past 10:00 p.m. Councilman Past 10:00 p.m. Schueler seconded the motion, which carried unanimously. Preliminary Councilman Wight moved to concur with the recommendation of the Planning Subdivision- Commission and approve the preliminar~ subdivision, citing the following Milwaukee Heights Conditions, Findings and Conclusions: Conditions: (1) The applicant shall (Cont'd) dedicate to the City the 2,400 s.f. area lot shown on the southwest corner of the plat and develop a tot lot on it and the adjacent City property. Design of the tot lot shall be approved by the City Parks Department prior to final subdivision approval; (2) Powerlines serving the subdivision shall be located underground; (3) Show all necessary easements for utilities and electrical facilities on the final plat. The easement between the cul-de-sac and Milwaukee Drive shall be of sufficient width as approved by the Public Works Department; (4) On-site detention and storm drainage facilities, per the Clearing and Grading Ordinance, will be required as part of the stormwater plan. Off-site improvements to the storm discharge at the north end of "N' Street may be considered in lieu of detention; (5) The minimum width for the interior street fight-of-way is 60 feet. The cul-de-sac shall meet Fire Department requirements; (6) In addition to the sidewalks required by the MDNS, street improvements to Milwaukee Drive shall meet minimum City standard for subdivision which includes curb and gutter along the site frontage, and paving half plus 10 feet of the street, if not already existing; (7) Beyond the sidewalks required by the MDNS, no additional improvements are required for "N" Street; (8) Improvements to Eighth Street shall meet minimum City standard for subdivision which includes curb and gutter along the site frontage, and paving half plus 10 feet of the street; (9) The interior cul-de-sac shall be fully paved with curb and gutter installed on both sides during Phase II; (10) The City's engineer shall verify if adequate capacity exists in Pump Station No. 1 on Fourth Street, near 2100 Block, west. If there is not adequate capacity, final plat approval for Phase II shall not be granted until provisions are made for increasing capacity to a level necessary to serve the subdivision; (11) There shall be 10 foot radius property corners on street intersections and a 20 foot radius on the cul-de-sac approach; (12) Water shall be looped through the site. Minimum size shall be 6 inch in the Eighth Street extension and the cul-de-sac in Phase II; (13) Fire hydrants shall be installed to Uniform Fire Code in locations determined by the Fire Department and shown on the final plat; Findings: (1) The request is for approval of a twenty-seven (27) lot subdivision as depicted on a preliminary plat titled "Revised Preliminary Plat of Milwaukee Heights" dated April 2, 1993 and revised April 28, 1993; (2) The property is zoned Single-Family residential, RS-9; (3) The Comprehensive Plan designates the site as suburban residential, which encourages single family development on 9,000-14,000 s.f. lots. A number of Comprehensive Plan Policies have been identified as most relevant to the proposal including Goals Nos. 1, 3 & 5; Residential Policies Nos. 4-8 & 11; Circulation Policies Nos. 4, 7, 8 & 10; Parks and Recreation Policies Nos. 1-5; Urban Design Policy No. 4; Social Objectives Nos. 1-3; and Land Use Objectives Nos. 1, 2 & 4-7; (4) The proposal has been reviewed with respect to the areas of concern listed in Section 58.17.110 RCW; (5) The lots meet the dimension and area requirements of the RS-9 zone; (6) The application is conditioned to require street improvements be made to City standards; (7) The application is conditioned to ensure adequate water, stormwater and sewer facilities for the subdivision; (8) A - Mitigated Determination of Non-Significance was issued on April 28, 1993 with four mitigation measures. They include requirements for street improvements, compliance with the City's critical areas ordinances and review of impact on school facilities with the development of the Capital Facilities Plan; (9) Milwaukee and "N" Streets have been identified as arterial roadways; (10) The applicant has proposed to dedicate land for purposes of a tot lot and to construct the tot lot as well; Conclusions: (A) The subdivision is consistent with the Port Angeles Comprehensive Plan; (B) The subdivision is consistent with the Port Angeles Zoning Ordinance and Subdivision regulations; (C) Appropriate provisions have been made for the public health safety, and general welfare and for such open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, sidewalks and safe walking conditions for students who walk to and from school; (D) The public interest is served in the platting of this subdivision. The subdivision implements the desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision also provides for development of new homes within the -10- 2491 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: City of Port Angeles Urban Growth Area, consistent with the Growth Management (Cont'd) Act. Councilman Ostrowski seconded the motion, which carded unanimously. Planning Commission Minutes of May 12, 1993 Councilman Wight moved to accept and place on file the Planning Commission Minutes of May 12, 1993. Councilman Schueler seconded the motion. Clerk's Note: At this time, the Council entered into a lengthy discussion and inadvertently failed to take a vote on the above motion. Sewer Pump Station F. OTHER CONSIDERATIONS 3. City assistance in cost of sewer pump station. Deputy Mayor Sargent reviewed the information provided by the Department of Public Works. Councilman Ostrowski moved to approve the recommendation of the Public Works Department. Councilman Schueler seconded the motion. Director Pittis informed Council that the Public Works Department needed to know if the City is going to participate, so they can proceed with the latecomer agreement provisions for everyone to share in the remainder of the costs. This is a partial solution to failed LIDs for this area. Further discussion followed. A vote was taken on the motion which carried unanimously. Fine Arts Center - 4. Consideration of recommendation of Fine Arts Center Board of Trustees to Investment Policy amend investment policy James Butler of the Fine Arts Center offered to answer any questions Council may have on the issue. The Board will receive a briefing every six months on how the portfolio is doing. The Bank agreed that if the portfolio mix should change, they will recommend that, and the Board will come back to City Council. Fees to U.S. Bank for this action are approximately $7,000 annually, this is 1 + %, or about one- half of their normal rate. Councilman Wight moved to approve the Investment Policy and Portfolio//8, as presented by the Board of Trustees of the Port Angeles Fine Arts Center and authorize the City Manager to enter into the agreement with US Bank and adopt this as the Esther Webster Trust Fund Investment Policy and excise it from the overall policy on City funds, with the understanding that any change in the mix will come back to the Council for approval or six month review. Councilman Ostrowski seconded the motion. There was a brief discussion. Council was informed that whenever there was to be a discussion of this package, the City is invited to attend that Board meeting. These meetings are generally held at the VBMCC so that Finance employees or the City Manager can easily join the meetings. A vote was taken on the motion which carried unanimously. Air Quality Forum 5. Air Quality Forum representative from the City City Manager Pomeranz informed Council that the City needs a representative for this forum. Councilman Braun was representing the Council, but has withdrawn. _ It is not mandatory that the representative be a Council member, but it is encouraged. Councilman Schueler would like to represent the City as he had attended the last one. Having also attended the last meeting, Attorney Knutson felt the City should play a supportive role. Any and all Council members are invited to attend the forum meetings. Deputy Mayor Sargent also expressed an interest in attending the next meeting. Council was also reminded that they needed a representative on the Human Services Council. Councilman Schueler had already expressed interest in this. Councilman Schueler will fill the unexpired term of Councilman Nicholson. Federal Energy Tax 6. Authorize Mayor to sign letter expressing concern over proposed federal energy tax. Deputy Mayor Sargent reviewed the information provided by the Light Department. -11- 2492 CITY COUNCIL MEETING May 18, 1993 LEGISLATION: Councilman Wight informed Council that this letter had been discussed at the last (Cont'd) UAC meeting. The intent of the letter is self-explanatory and the UAC had a strong consensus to sign, with the exception of some concern over the phrase "Voodoo Federal Energy Tax Economics". Manager Pomeranz said the letter would be 'cleaned up" before it was (Cont'd) sent. Councilman Wight moved that the Mayor be authorized to sign an appropriate draft of this letter to the congressional delegates. Councilman Ostrowski seconded the motion. Deputy Mayor Sargent pointed out that the proposed energy tax would mean that the BPA would need to increase their rates by approximately 12% in addition to the potential 20+ %. Most customers dannot afford this. A vote was taken on the motion which carried unanimously. Deputy Mayor Sargent wished to point out to the Council the letter received from the Lions regarding the Spring Conference that was held at the VBMCC. The Lions figured that their visitors financially rewarded the community by spending in excess of $200,000 over the three-day event. She would like the City to write a letter thanking them for their efforts. Manager Pomeranz will take care of this. Councilman Schueler reported to the Council that, while attending the Environmental Conference, he stood up as a citizen of Port Angeles and made remarks on the Elwha Dam. Councilman Wight informed the Council that the Utility Advisory Committee decided to hold two meetings in June: the regular meeting on June 14, and a special meeting on June 28 to meet with the BPA representatives regarding the rate increase. Councilman Ostrowski expressed an interest in holding a dinner before one of the next two meetings in honor of Councilman Nicholson. Deputy Mayor Sargent reminded Council that interviews need to be scheduled before the next meeting. She also recommended that they be scheduled to allow at least 15 minutes per applicant for an interview. Manager Pomeranz suggested starting early and serving dinner that night. His office will take care of the schedule. ADJOURNMENT: The meeting adjourned at 10:55 p.m. -12-