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HomeMy WebLinkAboutMinutes 06/18/1996 3296 CITY COUNCIL MEETING Port Angeles, Washington June 18, 1996 CALL TO ORDER - Mayor Ostrowski called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 7:02 p.m. ROLL CALL: Members Present: Mayor Ostrowski, Councilmembers Braun, Campbell, Doyle, Hulett, McKeown, and Wiggins. Members Absent: None. Staff Present: Acting Manager Pittis, Attorney Knutson, Clerk Upton, B. Becket, S. Brodhun, B. Collins, K. Godbey, S. Ilk, B. Titus, L. Haehnlin, G. Kenworthy, K. Ridout, and B. Coons. Public Present: No one signed in on the roster. PLEDGE OF The Pledge of Allegiance 'to the Flag was led by Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilman Braun moved to approve the minutes of the regular meeting of June MINUTES: 4, 1996. Councilman Hulett seconded the motion, which carried unanimously. CEREMONIAL None. MATTERS/ PROCLAMATIONS: FINANCE: 1. Request for Funds to Abate Building Request for Funds Mayor Ostrowski reviewed the information provided by the Department of Public to Abate Building Works. Councilmember McKeown moved to authorize the transfer of funds from the General Fund to the Repair and Demolition Fund for the removal of the structure at 204 S. Albert Street and to award the demolition to Salvage Wood Products. Councilman Wiggins seconded the motion. Public Works Director Pittis clarified that the abatement process is already underway; this is just a request for funding. At a later date, the Council will be advised as to the total costs incurred and will be given the opportunity to place a lien against the property. A vote was taken on the motion, which carried unanimously. Agreement with EES 2. Agreement with EES, Inc., to Provide Professional Services for Annexation for Annexation Study Study. Mayor Ostrowski reviewed the information provided by the Department of Public Works. Councilman Wiggins moved to authorize the Mayor to execute the agreement with EES, Inc., in the amount of $41,700, to conduct the annexation study. Councilman Campbell seconded the motion. Councilman Campbell asked how EES was selected to perform the study, and Public Works Director Pittis explained the process. Also Director Pittis reminded the Council that some of the funding for this study is from County grant funds. A vote was taken on the motion, which carried unanimously. Agreement with 3. Agreement with Beak Consultants, Inc., to Provide Testing and Sampling Beak Consultants Services Related to the Outfall Mayor Ostrowski reviewed the information provided by the Public Works Department. Councilman Campbell moved to authorize the Mayor to execute the contract with Beak Consultants, Inc., to provide wastewater related professional support services in an amount not to exceed $118,250. Councilman Braun seconded the motion. At the request of Councilmembers Hulett and Braun, City Engineer Kenworthy explained the nature of the requirements resulting in this agreement and what will be -1- 3297 CITY COUNCIL MEETING June 18, .1996 FINANCE: involved in testing and sampling. Discussion followed, and the Council expressed (Cont'd) frustration with the Departments of Ecology and Fisheries and Wildlife for mandating the testing procedures, which are at a very high cost to the City. Engineer Agreement with Kenworthy indicated completion must be realized by November 1, so it would be to Beak Consultants the City's advantage to start the process right away. (Cont'd) Mayor Ostrowski echoed the concerns expressed and inquired of Director Pittis if a letter of protest would be in order. Director Pittis explained the process and why the DOE requires these studies. He felt the consultant had done a good job in dealing with the issues. The requirements are statewide, and Director Pittis did not feel a letter of protest would result in any changes being made to the requirements being imposed. Councilman Wiggins felt a letter should be sent to the State informing them that the mandated studies would be performed; however, they were being done under protest. Councilman Doyle suggested that staff prepare a report as to what is being done because of the requirements and what would have been done on the diffuser had the requirements not been imposed. He felt this information could be given to our legislators so that consideration might be given to changing the requirements. A vote was taken on the motion, which carried unanimously. Councilman Wiggins moved to authorize the Mayor to send a letter of protest regarding the costs involved in these types of surveys. Councilman Doyle seconded the motion. Discussion followed regarding when would be the best time to send a letter of protest. A vote was taken on the motion, which carried unanimously. Library Design - 4. Addendum #3for Library Design Addendum #3 Mayor Ostrowski reviewed the information provided by the Public Works Department. Director Pittis pointed out there was a spreadsheet included in the packet which provides the best explanation of the increase, brought about by design changes in response to public input. He reviewed the spreadsheet with the Council and responded to questions. Councilman Doyle moved'to authorize the Mayor to execute Addendum #3 for the design of the library in the amount of $88,475. Councilman Braun seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda, including: 1) Progress payment #3 to Hisey Construction for Compost Facility Phase II; 2) Payroll - June 2, 1996 - $361,177.61; 3) Voucher list -June 14, 1996 - $405,528.55. Councilman Campbell seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE Councilman Campbell asked to add three items to the agenda: the Elwha Forum, AUDIENCE/COUNCIL/ recognition of City Council from Baha'i Faith, and a meeting with Senator Murray. STAFF TO BE These were added as items D.3, D.4, and D.5 respectively. CONSIDERED OR PLACED ON A FUTURE AGENDA: PUBLIC HEARINGS: I. Municipal Code Arnettdment - MCA 96-06 - CITY OF PORT ANGELES, Zones City-wide: Proposal to amend Chapter 17 (Zoning) of the Port Municipal Code Angeles Municipal Code with regard to accessory structure allowances in Amendment - all zones. Ordinance No. 2921 Prior to opening the public hearing, Mayor Ostrowski asked that Planning Director Collins provide background on the issue. Director Collins indicated the amendment involves modifications to the definitions regarding accessory structures in the interest of making regulations less burdensome to the public. The result would be a more uniform application in various zones in the City. Mayor Ostrowski opened the public hearing at 7:43 p.m. There was no public testimony, the public hearing was closed at 7:43 p.m., and Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2921 AN ORDINANCE of the City of Port Angeles revising definitions and permitted accessory uses in the Zoning Code, and amending Ordinance 1709, as .amended, and Title 17 of the Port Angeles Municipal Code. - 2 - 3298 June 18, 1996 PUBLIC HEARINGS: Councilman Braun moved to adopt the Ordinance as read by title, citing (Cont'd) Findings 1 - 7 and Conclusions A - C, as set forth on Exhibit "A" which is attached to and becomes a part of these minutes. Councilman Wiggins seconded Municipal Code the motion. Discussion followed, and Councilman Doyle inquired as to why Amendment - "gardens" are: Ii ~_s*~ ~ an~aei~essory use. Director Collins felt the word was added Ordinance No. 2921 for consistency; however, it was not really necessary to list as an accessory use. He (Cont'd) agreed the word 'garden" could be stricken from the Ordinance. ' Councilman Doyle moved to amend the motion to delete the word 'gardens" from the accessory uses. Councilman Wiggins seconded the motion, which carried unanimously. A vote was then taken on the main motion, which carried unanimously. LEGISLATION: A. Ordinances not Requiring Public Hearings None. Hearing Set for Six-Year B. Resolutions not Requiring Public Hearings Transportation Plan - Resolution No. 9-96 1. Setting Date for Six-Year Transportation Plan Hearing Mayor Ostrowski reviewed the information provided by the Department of Public Works. He read the Resolution by title, entitled RESOLUTION NO. 9-96 A RESOLUTION of the City Council of the City of Port Angeles setting a public hearing date for review of the Six-Year Transportation Improvement Program for 1997-2002. Councilman Doyle moved to pass the Resolution as read by title. Councilman Campbell seconded the motion, which carried unanimously. Request to Adopt Drug 2. Request to Adopt City of Port Angeles and CDL Drug/Alcohol Testing and Alcohol Testing Policy Policies - Resolution No. 10-96 Mayor Ostrowski reviewed the information provided by Human Resources and read the Resolution by title, entitled RESOLUTION NO. 10-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Alcohol and Controlled Substance Testing Policy and Procedures for employees required to possess a commercial driver's license. Councilman Braun moved to pass the Resolution as'read by title. Councilmember McKeown seconded the motion. At Councilman Braun's request, Bob Coons, Human Resources Manager, gave a brief review of the resolution and why implementation is necessary. After brief discussion, a vote was taken on the motion, which carried unanimously. Street Vacation - 3. Street Vacation Petition - STV 96(06)03 - HANNAM et al, Hancock/Fogarty Portion of Hancock/ Alley West of Cherry Street: Petition requesting vacation of the east/west Fogarty Alley - alley abutting Lot 1-5 and 21-24, Block 23, Fogarty atut Dolan's Addition Resolution No. 11-96 to the Townsite of Port Angeles. Mayor Ostrowski reviewed the information provided by the Planning Department and read the Resolution by title, entitled RESOLUTION NO. 11-96 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate the alley abutting Lots 1 through 5 and 21 through 24, Block 23, Fogarty and Dolan's Addition to the City of Port Angeles. Director Collins pointed out that the date set for the public hearing was incorrect, as -3- 3299 CITY COUNCIL MEETING June 18, 1996 LEGISLATION: the matter will not be heard before the Planning Commission until 3uly 10, 1996. (Cont'd) Therefore, the public heating before the Council needs to be changed to either July 16 or August 6, 1996. Staff recommends July 16, 1996, in order to expedite the Street Vacation - process for the applicant. Portion of Hancock/ Fogarty Alley - Councilman Wiggins moved to pass the Resolution as read by tire, setting a Resolution No. 11-96 hearing date for July 16, 1996. Councilman Doyle seconded the motion. After (Cont'd) limited discussion, a vote was taken on the motion, which carried unanimously. Preliminary Subdivision - C. Planning Commission Minutes/Action Items Mill Creek Courts 1. Preliminary Subdivision of Mill Creek Courts, Ahlvers Road Mayor Ostrowski reviewed the information provided by the Planning Department and pointed out an error on Page 88 of the packet where it states a second public hearing can be set for an alternative decision. Director Collins explained that Council may deny the request; however, a second public heating would not be allowed. Councilman Braun asked for a definition of a 'flag lot", which Director Collins provided. Councilman Campbell moved to approve the Preliminary Subdivision fOr Mill Creek Courts, subject to Conditions 1 - 15 and citing Findings 1 - 12 and Conclusions A - E, as set forth on Exhibit "B" which is attached to and becomes · a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. 2 Planning Commission Minutes of April 10, 1996 Councilman Hulett moved to accept the Planning Commission minutes of June 12, 1996, with a correction to be made as noted. Councilman Wiggins seconded the motion, which carried unanimously. Library Design D. Other Considerations 1. Presentation of Revised Design for Library Public Works Director Pittis displayed a drawing of the revised Library design and explained that, at the last public meeting, there had been differences of opinion particularly with regard to the roof structure. The architect was asked to revisit that approach. Director Pittis stated the new model has been on display at the Library for the past two weeks. Director Pittis reviewed the cost summary spreadsheet contained in the packet and explained the cost increases. Mayor Ostrowski asked for clarification on the increased footage, and Bill Lindberg, Architect, explained that originally it was estimated the library would need 25,000 square feet. Contracts were signed and worked was developed on that basis. However, upon review of the program needs, it was determined that additional space was required. Also, some items were brought up during public meetings, such as the unisex handicapped restroom, and as these items were added, the square footage increased. Further discussion followed regarding the roof structure, and Director Pittis and Mr. Lindberg responded to questions directed by Council. Councilman Doyle inquired as to what will be done with the interest earned on the bond proceeds, and Director Pittis stated this would be brought to a future meeting for discussion. The interest proceeds will amount to about $350,000, and it is up to the Council as to how these monies will be dispensed, based on input from Bond Counsel. Councilman Doyle moved to accept the revised design of the new library as presented by the Library Committee. Councilman Campbell seconded the motion, which carried unanimously. Amendment in Name of 2. Ametxlment itt the Name of a Previously Approved Subdivision - Peach Tree Peach Tree Estates Estates Mayor Ostrowski reviewed the information provided by the Planning Department. Councilman Campbell moved to authorize the Mayor to sign the amended subdivision which will now be entitled, 'Eagle's Lair". Councilman Wiggins seconded the motion, which carried unanimously. 3300 CITY COUNCIL MEFrIING June 18, 1996 LEGISLATION: 3. Elwha Forum (Cont'd) Councilman Campbell reminded the Council that a forum on the Elwha Dam removal Elwha Forum issue, sponsored by ~e C!gl. !~am County Commissioners, will be held on June 25, from 6:00 p.m. to 9:~ p~m. at City Hall. He urged the Council to participate if at all possible, as this will be an excellent educational process. Recognition of City by 4. Recognition of City Council from Baha'i Faith Baha'i Faith Councilman Campbell informed the Council that he had attended a function of the Baha'i Faith regarding promotion of racial harmony. They presented an award to the Port Angeles City Council for its resolution regarding diversity. Mayor Ostrowski read the award aloud. Councilman Campbell distributed copies of a document regarding the status of race relations in the United States which he had found most interesting. Meeting with Senator 5. Meeting with Senator Murray Murray Councilman Campbell reported he had met with Senator Murray during a recent visit she made to the area; he asked for her support of the $1.5 million in Transportation Funds for the City's Multi-Modal Facilities, Downtown Revitalization, and Waterfront Trail. Senator Murray was very responsive, and Councilman Campbell felt confident that she will support the City's quest for this funding. -5- 3301 THIS PAGE INTENTIONALLY LEFT BLANK 3302 Exhibit "A" FINDINGS AND CONCLUSIONS FOR APPROVAL OF MUNICIPAL CODE AMENDMENT- MCA 96-06 - Accessory_ Structures: Findings: 1. The City's Comprehensive Plan Land Use Policy C 1 states: "Residential land shouM be developed on the district and neighborhood concept. Although such districts may be composed primarily of residential uses ora uniform density, a healthy, viable district shouM be composed of residential uses of varying densities which may be augmented by subordinate and compatible uses. Single family and multi-family homes, parks and open-spaces, schools, churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of district development and enhancement. A neighborhood should be primarily composed of high, medium, or low density housing." 2. A Determination of Non-Significance was issued for the proposal on June 14, 1996. 3. The Zoning Code currently restricts the size of all accessory buildings and uses to 50% of the principal building or use located on the same zoning lot. 4. The City has received a significant number of complaints concerning the Zoning Code's current limitations on the size of accessory buildings and uses. 5. The proposed amendment is to eliminate any size restrictions to accessory buildings and uses other than each zone's allowable percent of lot coverage, a re-listing of permitted accessory uses in each zone, and a simplification of the definitions for "accessory buildings and uses" and "subordinate". 6. The Port Angeles Planning Commission recommended approval of the proposed amendment to the City Council on June 12, 1996. 7. The City Council conducted a public hearing on the proposed amendment on June 18, 1996. Conclusions: A. Each residential zone's allowable percent of lot coverage adequately preserves the residential character of the City's residential zones. B. The Zoning Code Amendment is consistent with Comprehensive Plan Land Use Policy C 1. C. The Zoning Code Amendment is in the public use and interest. 3303 Adopted by the Port Angeles City Council at its meeting of June 18, 1996. ~t6~er Os-t~-o~s~,~m- - ~ BEcky Ji -U~on,~ity CleFk - 33O4 Exhibit 'B CONDITIONS, FINDINGS AND CONCLUSIONS FOR APPROVAL OF PRELIMINARY PLAT - MILL CREEK COURT - Ahlvcrs Road: Conditions: 1. The applicant shall create and protect a sensitive area tract in accordance with Section 15.24.070 (H) (1) of the City of Port Angeles Wetlands Protection Ordinance. The tract shall be verified by the Planning Director prior to recordation and shall contain the following wording in accordance with Sections 15.20.070 and 15.24.070(H)(1): a) "All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." 2. The sensitive area tract shall be identified and protected on the property by a wooden split rail fence and posted with a City wetland identification sign. Such area shall remain marked and undisturbed. The tract and its buffer shall be identified on the final mylar by cross hatching. The location of the fence and sign shall be approved by the Planning Director and shall appear on the final plat. 3. Appropriate erosion control measures and construction practices shall be used to mitigate potential short term impacts to the sensitive area and its buffer which shall include the installation of hay bales, silt fences and other erosion control devices as necessary. "No alterations may occur within the areas identified in the conservation easement, and all vegetation shall remain undisturbed unless express written authorization is given by the City of Port Angeles per the Environmentally Sensitive Areas Protection Ordinance (Chapter 15.20 PAMC)." 4. The cul-de-sac "Mill Creek Court" shall be so identified on the final plat and shall be dedicated with the recordation of the plat. 5. The fire hydrant proposed on the preliminary plat along the eastern edge of Mill Creek Court shall be relocated south to the subdivision's southern property line at Lot 8, and shall be approved by the City Fire Department. 6. The cul-de-sac shall maintain a minimum diameter of 100' unless the proposed residences are sprinklered. 7. Electric utility service to thc short plat shall be underground with a 1 O-foot utiliW easement shown along Mill Creek Court. 8. Prior to fmal plat approval, water service shall be extended to the lots with an 8 inch main to the relocated hydrantand 6 inch diameter beyond, which provides 2 gallons per minute ~ 30 psi for each of the homes and 1000 gpm at 20 psi for fire. 9. Sanitary sewer shall be extended to the new lots as shown on the preliminary sketch submitted May 21, 1996, and approved by the Public Works Department. 10. Stormwater and street improvements including lighting shall be submitted for approval per the City's Urban Services Standards and Guidelines. 11. An approved H.P.A. permit from the Department of Fisheries and Wildlife shall be submitted prior 3305 to final plat approval. Stormwater improvements to incorporate H.P.A. conditions. 12. Building envelopes shall be shown on the final plat. 13. A second page shall be submitted with the final plat mylar that contains the information required in Section 15.08.070(G)(11 - 15) and which shall contain as a "note" the required information legally describing and defining the sensitive areas tract. 14. If improvements are to be bonded rather than actually installed prior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer." 15. Lot No. 7 shall be redesigned as a radial lot rather than a flag lot. Findings: 1. The approval is based upon a preliminary plat dated received May 21, 1996, prepared for Mr. Jack Loewen by Quadra Engineers. 2. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map. 3. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9). 4. The proposed short plat will create eight lots out of one tract of land consisting of approximately 3.69 acres. 5. The site contains an environmentally sensitive area and shall comply with Section 15.20 (Environmentally Sensitive Areas Ordinance) of the Port Angeles Municipal Code for such properties. 6. The site is served by a cul-de-sac that is served from an improved public street. A recent short plat of the property adjacent to the south provides right-of-way access between the site and Ahlvers Road. 7. The environmentally sensitive area shall be identified on the final plat as defined in Chapter 15.24.070(H)(1). 8. Section 16.08.090 sets forth the requirements for approval of subdivisions. 9. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove and shall make recommendations thereon to the City Council. Within a period of 90 days after a preliminary plat has been submitted to the City Planning Department the City Council shall either approve or disapprove the proposed Preliminary plat. The 90 day time period may be extended with the consent of the applicant. The applicant requested an extension of the processing time period on May 5, 1996. 10. The Port Angeles Public Works, Light and Fire Departments reviewed the proposed short 3306 plat and their comments have been considered in the review. 11. The proposal has been reviewed with respect to the Comprehensive Plan. The plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 12. The Environmentally Sensitive Areas Ordinance (Chapter 15.20 PAMC) allows for a reduction of the required 50-foot buffer if the area has been previously altered. The Planning Director shall decide if the area meets the previously altered area requirements. 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 Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. C. As conditioned, appropriate provisions have been made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and safe walking conditions for students who walk to and from school. D. As conditioned, the public interest is served in the platting of this subdivision as articulated in the Comprehensive Plan and Zoning Ordinance. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act. E. As conditioned, the subdivision plat is consistent with the City's Environmentally Sensitive Areas Ordinance, Chapter 15 of the Port Angeles Municipal Code. .City Council at its meeting of June 18, 1996. Prosper Ostrowski,~ Becky J. U~o~n, ~ity