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HomeMy WebLinkAboutMinutes 06/02/1992 2265 CITY COUNCIL MEETING Po~ A~d~,W~ton June2,1~2 CALL TO ORDER - The City Council met in special session at 8:00 a.m. at Haguewood's Restaurant for SPECIAL MEETING: the purpose of offering testimony to the Department of Natural Resources Board, sitting as the Harbor Line Commission, on the matter of an inner harbor line relocation. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, and Ostrowski, and Councilwoman Sargent. Members Absent: Councilmen Schueler and Wight. Staff Present: City Manager Pomeranz and Planning Director Collins Inner Harbor The Port and the City had jointly applied for the relocation of the Oak Street inner Line Relocation harbor line in order to promote business diversification. Testifying on behalf of the City were Mayor Hallett, Deputy Mayor Sargent and Planning Director Collins. It was pointed out that the subject site has not been utilized for navigational purposes since harbor lines were established in Port Angeles in 1892, and by definition, the subject site would not be a harbor area if it were to be established in 1992 as it was in 1892. Further, adequate space for navigation within the harbor would still be maintained even if the harbor line were relocated. The City's representatives presented the position that the relocation of the inner harbor line on Oak Street is consistent, not only with all local land use planning, but also is specifically an objective of both the Harbor Resource Management Plan and the Port Angeles Comprehensive Plan. It was noted the Shoreline Master Program does not give priority to industrial uses over commercial uses. Shoreline policies encourage location of industrial, transportation, port, tourist and commercial facilities when they are dependent on a shoreline location and encourage new commercial developments where current commercial development exists. In addition, it was submitted that if all such changes in a harbor line are required to meet the extensive criteria established for this relocation application, then such a precedent would create a great burden on future requests to the Harbor Line Commission. Where it is demonstrated that the State's interests in harbor planning have been safeguarded, then decisions which foster local interests and meet local plans should be supported by State agencies. City representatives noted that the proposed relocation of the inner harbor line would not adversely affect any harbor use in that it does not take harbor area away from any use and give it to another. The City has made a local land use decision to zone the proposed use of the harbor line site relocation for commercial uses, a decision which is not dependent on the location of the harbor line. To retain the harbor line in its present location would divide the site and diminish the future productive use of a site which is strategically located to the vital interests of the City and which has historically been under utilized. The City is of the opinion that, with the down turn in the timber industry, which has been of great importance to the local economy, efforts need to be made toward more - diversification. After further testimony and subsequent deliberations, the Harbor Line Commission made the determination that the relocation of the inner harbor line should be approved in accordance with the application. ADJOURNMENT: The hearing before the Harbor Line Commission adjoumed at approximately 12:00 Noon. -1- 2266 CITY COUlqCIL MEETING CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:05 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, and Councilman Schueler. Members Absent: Councilman Wight. Staff Present: Manager Pomeranz, Attorney Knutson, Assistant Attorney Dickson, Clerk Upton, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, J. Hicks, D. Sawyer, G. Kenworthy, B. Henderson, C. Yuhl, B. Becket, K. Ridout, and J. Abram. Public Present: C. Souders, R. Catts, C. Hampton, E. Cauffman, S. Marston, J. Lorenz, C. May, N. Kubai, B. Haselton, and L. Beil. ADJOURN TO Mayor Hallett adjourned the meeting to executive session at 6:05 p.m. to discuss a EXECUTIVE SESSION: claim for approximately 10 to 15 minutes. RETURN TO OPEN The meeting returned to open session at 6:24 p.m. SESSION: County-Wide Planning Director Collins briefly reviewed the proposed schedule of upcoming Planning Policy meetings necessary to the approval of the County-Wide Planning Policy by the required date of July 1, 1992. It is anticipated the City Council can participate in a special work session on June 9, schedule a public hearing for June 16, and take final action at a special meeting of June 30, 1992. Discussion was held concerning the June 16 public hearing date, as the County Commissioners will be conducting a similar hearing on the same date and time. Concern was expressed that residents should have the opportunity to participate in both hearings, a possibility which is made difficult with the present schedule. Senior Planner Sawyer indicated the plan is intended to set the framework by which Port Angeles, Clallam County and other cities will formulate their comprehensive plans. Mayor Hallett inquired if the Council would like to adhere to the proposed schedule, to which the Council members indicated they would. Reference was made to UGA Policy 18, a matter which has generated some discussion due to a difference in opinion between the City and County. The Council . was of the opinion that some type of consensus could be reached in this regard. Members of the Council indicated their desire to have an opportunity to study the draft plan in order to be prepared for the special work session of June 9. CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:05 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Hallett. ALLEGIANCE: APPROVAL OF Councilman Ostrowski moved to approve the minutes of the meeting of May 19, MINUTES: 1992, as submitted. Councilman Braun seconded the motion, which carried unani~nously. -1- 2267 CITY COUNCIL MEETING June 2, 1992 CEREMONIAL 1. Yard of the Month - June, 1992 MATTERS/ PROCLAMATIONS: The following were honored with Yard of the Month Awards for June, 1992: Lounie & Karen Clark, 2127 West 14th; Orman and Olive Bieber, 217 Orcas; Yard of the Month Apostolic Faith Church, 221 West 8th; Phillip and Eva Costa, 111 West 3rd; Steve Awards and Arlene Kelly, 1234 East 2nd. The Neighborhood of the Month was located in the 1800 block of West Fourth, represented by Frank and Louise Garrett, 1810 West Fourth; Russell and Sandra Hesselman, 1813 West Fourth; Bill and Lois Patterson, 1814 West Fourth; Thomas and Norma Hunt, 1820 West Fourth; Philip and Dorothy Jackson, 1821 West Fourth; Mr. and Mrs. Charles Nickles, 1826 West Fourth; Martha Klinge, 1829 West Fourth; James and Carlene Lieurance, 1830 West Fourth; Raymond Taylor, 1835 West Fourth. - National Safety Week 2. Proclamation recognizing National Safety Week of May 31 - June 6, 1992 Mayor Hallett read the Proclamation recognizing National Safety Week, May 31 - June 6, 1992, and urged all citizens, businesses, and civic organizations to acquaint themselves with the benefits and living and working safely and to recognize safety at home, in the workplace, and on the highway. CITY COUNCIL Councilman Ostrowski reported the Department of Transportation would like to have COMMITTEE an elected official to serve as an alternate member of the Executive Council of the REPORTS: Peninsula Regional Transportation Planning Organization. Councilman Nicholson has agreed to serve as the alternate. Councilman Ostrowski attended the first Senior Center Building Advisory Meeting. He expressed the importance of having a member at large from the City on this Committee, a matter which will be addressed at the next Council meeting. Councilman Schueler attended the Health Advisory Committee meeting, which is expanding to include other groups, such as, the police, clergy, drug and alcohol rehab people, and the school system. An effort is underway to develop a County- wide health plan for the future. Councilman Braun attended the Real Estate Committee meeting. He reported on the selection process utilized for the Fire Department architectural firm, a matter to be considered later in the agenda. Councilwoman Sargent attended an EDC meeting, as well as the Vern Burton Committee meeting, where decor was selected. She also testified at the hearing this morning on the Harborline relocation. FINANCE: 1. Landfill Excavation Project No. 91-25 Landfill Excavation Councilman Ostrowski moved to accept the bid of Delhur for $511.474.35, which Project includes sales tax, for the excavation and rough grading for the Landfill Expansion Project, and authorize the Mayor to sign the contract. Councilwoman Sargent seconded the motion. Councilwoman Sargent asked why the Engineer's estimate was so much higher than any of the bids. City Engineer Kenworthy explained the reason for the higher estimate in that the current bidding climate resulted in the receipt of lower bids. - A vote was taken on the motion which carried unanimously. Equipment Bids 2. Consideration of Equipment Bids Councilman Nichoison moved that the recommendation of the Public Works Department pertinent to equipment bid Items 1 - 7 be accepted as presented. Councilman Schueler seconded the motion. Following brief discussion, a vote was taken on the motion which carried unanimously. Water Utility 3. Consideration of Water Utility Materials, Project No. 92-04(B) Materials Councilman Ostrowski moved that the bid on fire hydrants be awarded to Familian NW in the amount of $6,258.54; that the bid on pipes and fittings be awarded to Familian NW in the amount of $36,932.86; and the bid on water -2- 2268 CITY COUNCIL MEETING June 2, 1992 Water Utility meters be awarded to Pacific Water Works in the amount of $7,088.41. Materials (Cont'd) Councilwoman Sargent seconded the motion, which carried unanimously. CONSENT AGENDA: Councilwoman Sargent moved to accept the items on the Consent Agenda, including: (1) Request approval of Civil Service Interview Board for police sergeant and police captain; (2) Consideration of out-of-state travel for bio-solids management; (3) Correspondence from Washington State Liquor Control Board; (4) Safety Week Proclamation and Acceptance of gifts; (5) Payroll for period ending May 24, 1992 of $319,880.10; and (6) Vouchers for May 28, 1992 of $1,823,614.96. Councilman Braun seconded the motion. In the discussion that followed, concerning the gift items for Safety Week, it was agreed Risk Manager Henderson will prepare letters of appreciation. A vote was then taken on the motion which carried unanimously. ITEMS FROM THE An unidentified member of the audience asked if there would be a reduction in water AUDIENCE/COUNCIL/ rates during the summer to keep yards in good condition. Mayor Hallett advised STAFF TO BE there is no reduction in summer water rates this year. Director of Public Works CONSIDERED OR Pittis offered additional information in this regard and explained the difference PLACED ON A between Port Angeles and the urban areas on the east side of Puget Sound with FUTURE AGENDA: respect to water availability. City Light Director Titus asked that Regional Utility Responses to Fish and Wildlife Issues Affecting Electric Rates be placed on the agenda as Item No. F. 8. LEGISLATION: A. Public Hearings Public Hearings 1. Appeal of a Temporary Use Permit - TUP-92(05)04 - Cauffman. 1639 West Twelfth Street: Appeal of denial of a Temporary Use Permit to allow a Temporary Use travel trailer as a temporary residence during construction of a single-family Permit - Cauffman residence itt the RS-7, Residential Single-Family District. Mayor Hallett reviewed information pertinent to the appeal of the Temporary Use Permit. He opened the public hearing at 7:45 p.m. Eric Cauffman, Applicant, 412 1/2 South Lincoln, asked that he be allowed to use the travel trailer, as it could have the wheels removed and become a mobile home. There being no other public comments, Mayor Hallett closed the public hearing at 7:46 p.m. In the discussion that followed, Councilman Nicholson expressed the opinion that to allow this TUP would not adversely impact any of the surrounding areas, particularly due to the somewhat secluded area in which the trailer would be located. In addition, he pointed out that approval of this request would directly relate to the fact that additional housing is needed in Port Angeles. Planning Director Collins presented information concerning the fact that a travel trailer cannot be considered a structure. Councilman Nicholson moved to concur with the Planning Department's recommendation for approval, citing the following conditions, findings, and conclusions: Conditions: (A) The Temporary Use Permit is approved for a period not to exceed seven (7) months, until December 1, 1992, or until the building permit issued for construction of the proposed residence is finaled, whichever occurs sooner. The temporary residence shall be used as a residence for the owner of the property, Mr. Eric Cauffman, only and shall be situated in the location noted in the application; (B) Permits for potable water and electrical hookup shall be obtained prior to placement of the structure on the property, and such utilities shall be used only after approval by the Public Works and Light Departments; (C) The unit must be self-contained unless hookup to the sewer is approved by the Public Works Department prior to that use; (D) A smoke alarm approved by the Fire Department must be installed prior to residential occupancy; (E) Occupancy of the temporary trailer shall not take place until approval of the building permit and compliance with all other conditions listed herein; Findings: (1) The applicant has requested the use and placement of a temporary 22-foot travel trailer to be used during construction of a single-family residence; (2) The proposed site is approximately 7,000 square feet in size and is zoned RS-7, Residential Single-Family District; (3) The applicant has applied for a building permit to construct a permanent single-family residence at the site, 1639 West Twelfth Street; (4) The applicant has indicated his intent is to -3- 2269 CITY COUNCIL MEETING June 2, 1992 LEGISLATION: complete the single-family residential construction by October, 1992; (5) Section (Cont'd) 17.95.060 of the Port Angeles Municipal Code allows that the Planning Director may issue permits for temporary occupancy of buildings including mobile homes, used in Public Hearings conjunction with a construction or reconstruction project with conditions; (6) As conditioned, the proposed temporary trailer's placement on the site would be in Temporary Use compliance with requirements for detached accessory structures in the RS-7, Permit - Cauffman Residential Single-Family District, in which the structure is proposed to be located; (Cont'd) (7) The City Light and Fire Departments did not express concern over the proposed unit's placement; (8) The Public Works Department's concerns can be addressed by conditioning the permit; (9) Access to the site is by way of the 11/12 alley, which is partially developed at this location; (10) There are no houses directly east of the proposed site, with only one house to the west at this location. There are no houses north of the 11/12 alley from "I" Street west to this location; Conclusions: (1) As conditioned, the Temporary Use Permit is in compliance with the provisions of Section 17, Port Angeles Municipal Code and requirements of the RS-7, Residential Single-Family District. Councilwoman Sargent seconded the motion. Lengthy discussion ensued, and the question was asked whether other considerations of this nature could arise in the future which may be impacted by this decision. Director Collins suggested consideration may need to be given to a revision of the ordinance. Councilman Nicholson felt additional information on the issue, such as the standards incorporated, would be in order. Councilwoman Sargent suggested an amendment to Finding No. 10 to read: The temporary use would be in a remote area with no houses directly east of the proposed site, with only one house to the west at this location. Councilman Nicholson accepted the amendment. Director Collins indicated it may be appropriate to add a second conclusion: The Temporary Use Permit will not cause adverse impacts to the adjacent properties. Councilman Nicholson and Councilwoman Sargent agreed to the addition. A vote was taken on the motion which carried by a majority vote, with Mayor Hallett voting in opposition. Appeal of Conditional 2. Appeal of Conditional Use Permit - CUP-92(05)05 - Lundsford/Presley, 222 Use Permit - Lundsford/ East Eleventh Street: Appeal of approval of a Conditional Use Permit to Presley allow the conversion of an existing single-family residence to a duplex in the RS-7, Residential Single-Family District. Mayor Hallett reviewed the action of the Planning Commission and the subsequent appeal filed by a neighbor. Mayor Hallett excused himself from consideration of this matter, based on appearance of fairness, as he is a resident in the immediate area. He then turned the gavel over to Deputy Mayor Sargent. Deputy Mayor Sargent opened the public hearing at 8:14 p.m. Judy Hosto, Lunsford & Assoc., Inc., representing Mr. Presley, read a prepared response to the appeal of Mrs. Bondy, copies of which were distributed to the Council members. There being no further public input, Deputy Mayor Sargent closed the public heating at 8:16 p.m. Councilman Nichoison moved to deny the appeal. The motion was seconded by Councilman Braun and carried by a majority vote, with Mayor Hallett having excused himself from the Council Chambers. Attorney Knutson advised the Council that it would be appropriate to cite the relevant conditions, findings and conclusions to support this decision. Accordingly, Councilman Nicholson moved to deny the appeal and concur with the decision of the Planning Commission, citing the following conditions, findings, and conclusions: "Conditions: (1) The duplex must be inspected and approved for occupancy by the Building Division of the Public Works Department prior to occupancy of the structure. (2) Separate utility meters will be installed prior to occupancy of the residence as a duplex, with inspection by the City Light Department; Findings: (A) The request is for approval of a Conditional Use Permit to allow a duplex in the RS-7 zone district; (B) The lot area exceeds the minimum required 10,500 square feet by 3,500 square feet; (C) There is an existing house on the site, which is proposed to be remodeled to a duplex, having a unit located on each of the two floors of the house; (D) The existing house meets all the development standards of the RS-7 zoning district for a duplex, including the minimum 20 foot sideyard setbacks. The existing detached garage does not meet the -4- 227O CITY COUNCIL MEETING June 2, 1992 LEGISLATION: minimum 10 foot setback from the alley; (E) The site has adequate room to provide (Cont'd) at least four off-street parking spaces; (F) Lincoln Street, an arterial, is located one half block west of the site; (G) There has been one other duplex approved in the Public Heatings vicinity. In 1973 a duplex was constructed one block west on Eleventh Street; (H) The streets in the vicinity are fully developed to urban standards, including Appeal of Conditional sidewalks; Conclusions: (1) The proposed duplex is compatible with the surrounding Use Permit - Lundsford/ single-family residential neighborhood; (2) The Conditional Use Permit is in the Presley (Cont'd) public us~ and interest and is not detrimental to the public welfare; (3) The Conditional Use Permit is in compliance with the requirements of the Zoning Ordinance, Parking Ordinance and Comprehensive Plan. Councilman Braun seconded the motion. A vote was taken on the motion which carried by a m~ority vote, with l~myor Hallett having excused himself from the Council Chambers. Mayor Hallett returned to the Council Chambers and resumed chairing the meeting. Public Nuisance B. Resolution requiring public comment 1. Resolution declaring public nuisance Mayor Hallett reported the public nuisance has been resolved, so no action is required of the Council. Ordinance Closing C. Ordinances not requiring public hearings Inactive Funds - Ordinance No. 2694 1. Ordinance closing inactive funds Mayor Hallett reviewed the memorandum from Finance Director Godbey and then read the Ordinance by title, entitled ORDINANCE NO. 2694 AN ORDINANCE of the City of Port Angeles abolishing certain funds and repealing Section 2 of Ordinance No. 2411 and Sections 1 and 2 of Ordinance No. 2288 and Sections 3.22.010 and 3.22.020 of the Port Angeles Municipal Code. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. Council's Rules of D. Resolutions not requiring public hearings Procedure - Resolution No. 18-92 1. Revision of Council's Rules of Procedure regarding notice of adoption of ordinances Mayor Hallett reviewed the information provided by the City Attorney and read the Resolution by title, entitled RESOLUTION NO. 18-92 A RESOLUTION of the City Council of the City of Port Angeles revising the Council's Rules of Procedure regarding notice of adoption of ordinances and amending Section 7 of the Council Rules of Procedure as originally adopted in Resolution 2-88. Councilman Braun moved to pass the Resolution as read by title. Councilwoman Sargent seconded the motion, which carried unanimously. Planning Commission E. Planning Cotnmission Minutes/Action Items Minutes Planning Commission minutes of May 27, 1992 Councilman Nichoison moved to accept and place on file the Planning -5- 2271 CITY COUNCIL MEETING June 2, 1992 Planning Commission Commission minutes of May 27, 1992. Councilman Schueler seconded the Minutes (Cont'd) motion, which carried unanimously. Fire Department F. Other Considerations Feasibility Study Consultant 1. Selection of consultant for Fire Department feasibility study Mayor Hallett reviewed the information provided by Councilman Braun. Councilman Braun reported five firms which had submitted proposals were considered. After thorough consideration, Nixon & Associates was selected by the Committee. Fire Chief Glenn indicated the decision was difficult. The primary consideration was experience in designing fire stations, which contain three different occupancies: residential, business, and parking garage. The second consideration was the firm's control of costs during previous projects. The third was the use of local construction firms and resources. Councilman Braun moved to select Robert Nixon & Associates to conduct the Fire Department feasibility study. Councilwoman Sargent seconded the motion. Following brief discussion, a vote was taken on the motion which carried unanimously. Public Works Trust 2. Acceptance of Public Works Trust Fund loans for two projects. (Marine Fund Loans for Two Drive reconstruction and Peabody Creek culvert repair) Projects Mayor Hallett reviewed the information provided by the Department of Public Works. Councilman Ostrowski moved to accept the Public Works Trust Fund loans for the Marine Drive reconstruction and Peabody Creek culvert repair, and authorize the Mayor to sign the agreements. Councilman Braun seconded the motion. Manager Pomeranz was pleased to report the significant savings to be realized on these projects by virtue of the low interest rate on the loans. It was suggested this may be a good item for the City newsletter in that the citizens are often unaware of efforts such as this on their behalf. A vote was taken on the motion which carried unanimously. Washington State 3. Amendment to Washington State Energy Office agreement for Energy Code Energy Office enforcement Agreement Mayor Hallett reviewed the information provided by the Department of Public Works. Councilwoman Sargent moved to authorize execution by the Public Works Director of the amendment to the Washington State Energy Office agreement for Energy Code enforcement. Councilman Braun seconded the motion, which carried unanimously. Library Bond 5. Appointment of additional member to Library Bond Committee Committee Mayor Hallett asked for nominations for the additional member required on the Library Bond Committee. Clerk Upton reported she had called some of the Council members after the last meeting at which time two individuals were suggested: Jerry Cornell and Barbara Kaufmann, whose husband previously served on the Board of Adjustment. Following brief discussion, Clerk Upton was directed to contact Mrs. Kanfmann and Mr. Cornell to determine if they would be willing to serve on the Library Bond Committee. The results are to be reported back to the City Council for consideration at the next Council meeting. -6- 2272 CITY COUNCIL MEETING June 2, 1992 LEGISLATION: 6. Elwha River Ecosystem and Fisheries Restoration Act (Cont'd) Council had received copies of the proposed testimony of Mayor Hallett and Elwha River Ecosystem Councilwoman Sargent to be presented before the Senate Committee on Energy and and Fisheries Restoration Natural Resources in Washington, DC on Thursday of this week. Act Manager Pomeranz reported the City's representatives will also be meeting with the Washington delegation concerning the proposed legislation. Inter-local Purchasing 7. Consideration of inter-local agreement with Clallam County for purchasing Agreement with Clallam County Mayor Hallett reviewed the information provided on this subject. Councilwoman Sargent moved to authorize the Mayor to execute the inter-local Cooperative Agreement with Clallam County. Councilman Nicholson seconded the motion. Councilwoman Sargent considers this another example of City/County cooperation which will work to the benefit of all taxpayers. A vote was taken on the motion which carried unanimously. Responses to Fish and 8. Regional Utility Responses to Fish and Wildlife Issues Affecting Electric Wildlife Issues Rates Affecting Electric Rates Mayor Hallett reviewed the information provided by City Light Director Titus. Councilman Nicholson moved to authorize an expenditure of up to $2,000 for an ad campaign and to support further consideration of filing a notice of intent to sue. Councilman Braun seconded the motion. Following brief discussion, a vote was taken on the motion which carried by a majority vote, with Councilman Schueler abstaining. Staff will provide further information to Council on this issue at a later date. ADJOURNMENT: The meeting adjourned at 8:55 p.m. -7-