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HomeMy WebLinkAboutMinutes 07/05/1994 2790 CITY COUNCIL MEETING Port Angeles, Washington July 5, 1994 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:33 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmembers Braun, Doyle [arrived at 8:10 pm.], Hulett, McKeown, Ostrowski and Schueler. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Deputy Clerk Hagar, S. Brodhun, K. Godbey, S. Ilk, J. Pittis, B. Titus, D. Sawyer, G. Kenworthy , B. Becket, and B. Coons. Public Present: J. Behrens, D. Willson, R. Doty, S. Cates, L. Koon, G. Lappier, J. Gouin, C. & M. Partridge, J. Johnson, J. & J. Zuzick, K. Nemirow, D. Nagler, R. Nagler, and Z. Nagler. ADJOURN TO The meeting adjourned to Executive Session at 6:33 p.m. to discuss a matter of labor EXECUTIVE SESSION: relations and litigation for approximately fifteen minutes. RETURN TO OPEN The meeting returned to open session at 6:50 p.m. for the presentation of the mobile SESSION: Police unit. CALL TO ORDER - Mayor Sargent called the regular meeting of the Port Angeles City Council to order REGULAR MEETING: at 7:11 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Boy Scout Troop 1458, Paul ALLEGIANCE: Carmean Scoutmaster. Those participating included: Travis Wilson, Jeff Cruff, and Jim Cates. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: June 21, 1994. Councilman Braun seconded the motion, which carried by a majority vote, with Councilman Schueler abstaining. Councilman Braun moved to approve the minutes of the special meeting of June 28, 1994. Councilmember McKeown seconded the motion. Mayor Sargent requested that these minutes be amended to reflect the discussion and changes made to the transportation section of the draft Comprehensive Plan. A vote was taken on the motion, which carried unanimously. CEREMONIAL 1. Proclamation Recognizing "Port of Angels" Derby Days, August 20 - 28, MATTERS/ 1994. PROCLAMATIONS: "Port of Angels" Mayor Sargent stated that this proclamation will be deferred to the August 19, 1994, Derby Days Council meeting. Yard of the Month 2. Yard of the Month for July The individual Yard of the Month Awards were presented to: Warren & Nancy Hilt, 810 West 10th Street, John and Jerry Behrens, 124 Whidby Street, Ed and Mary Donahue, 136 Whidby Street, Pete and Becky Hannah, 307 E. 13th Street, Chestnut Cottage, Ken Nemirow and Diane Nagler, owners, 929 East Front Street and Dorothy Gribble, 935 Georgiana Street. -1- 2791 CITY COUNCIL MEETING July 5, 1994 CITY COUNCIL Mayor Sargent and Councilmembers McKeown, Ostrowski, and Schueler had nothing COMMITTEE to report. REPORTS: Councilman Hulett attended a Chamber of Commerce Board meeting, and Councilman Braun attended a Capital Facilities Project meeting. FINANCE: 1. Consideration of Bid for 8th Street Culvert Repair Phase Hr or Peabody Creek 8th Street Culvert Repair Phase II Mayor Sargent reviewed the information provided by the Public Works Department. Councilman OstrOwski moved to accept the bid from Boone's Excavating for construction of the 8th Street 'Culvert Repair Phase II in the amount of $40,406.00 which incudes applicable Washington state sales tax and authorize the Mayor to execute the construction contract. Councilman Braun seconded the motion, which carried unanimously. Fire Hall Furnishings Bid 2. Award Bid for Fire Hall Furnishings Mayor Sargent reviewed the information provided by the Fire Department. Councilman Schueler moved to approve the following bids: Pacific Office Equipment for interior furnishings in the amount of $52,194.00; Westmark Products for cabinets and casework in the amount of $26,566.00; Troxell Communication for electronics in the amount of $5,834.98; TRH Network for window blinds in the amount of $5,758.19, and to give the fire department the authority to request quotations for less expensive appliances. Councilmember McKeown seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Progress Payment - 3. Wastewater Treatment Plant Progress Payment attd Change Order Wastewater Treatment Plant Mayor Sargent reviewed the information provided by the Public Works Department. Councilman Schueler moved to approve Payment No. 25 and Change Order No. 18 for the wastewater treatment plant construction in the total amount of $183,496.11 to Pease & Sons, Inc. and $8,916.24 to the Bank of California for retainage. Councilman Ostrowski seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Hulett moved to accept the Consent Agenda, including: (1) Payroll for June 19, 1994 in the amount of $356,536.45; and (2) Voucher list of July 1, 1994 in the amount of $1,727,649.04. Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. ITEMS FROM THE None. AUDIENCE/COUNCIL/ STAFF TO BE CONSIDERED OR PLACED ON A FUTURE AGENDA: LEGISLATION: A. Public Hearings Zoning Code Amendment 1. ZONING CODE AMENDMENT- ZCA 94(05)01- CLALLAM TRANSIT Ordinance No. 2821 AUTHORITY, LI, Light Industrial Districts. Proposal to amend the Ci~'s zoning regulations with regard to the height of radio towers in the LI, Light Industrial Districts. Mayor Sargent reviewed the information provided by the Planning Department, and opened the public hearing at 7:34 p.m. There was no one present who wished to address the issue and Mayor Sargent closed the public hearing at 7:34 p.m. -2- 2792 CITY COUNCIL MEETING July 5, 1994 LEGISLATION: Mayor Sargent read the Ordinance by title, entitled (Cont'd) ORDINANCE NO. 2821 Zoning Code Amendment Ordinance No. 2821 AN ORDINANCE of the City of Port Angeles (Cont'd) adding radio towers as a conditional use in the Light Ihdustrial District of the Zoning Code and amending Ordinance 1709, as amended, and Section 17.32,040 of the Port Angeles Municipal Code. Councilman Ostrowski moved to adopt the ordinance as read by title, subject to Findings 1 - 6, and Conclusions A - C, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. Zoning Code Amendment 2. ZONING CODE AMENDMENT- ZCA 94(06)02 - NORTH OLYMPIC Ordinance No. 2822 LIBRARY SYSTEM, Office Commercial Districts: Proposal to amend the ~ City's zoning regulations to allow libraries as permitted uses in the OC, Office Commercial Districts. Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 7:39 p.m. Larry Haas, 1625 Place Road, a member of the North Olympic Library System Board of Trustees, referred to a memo distributed to the Council shortly before the start of the meeting which pointed out that the library staff had done some checking in cities around the state and found libraries are permitted in most commercial zones. Hal Enerson, Administrative Services Manager with the NOLS, 143 Cedar Hollow Drive, felt allowing libraries as a permitted use in the OC zone would be consistent · with state-wide planning guidelines. Currently, in Port Angeles, libraries are permitted only in the public buildings and parks zones. He stated that the library's administrative office on Lauridsen used to be operated as a library until 1982, and this is where the new library would be built. In light of these factors, Mr. Enerson felt it would be appropriate for libraries to be a permitted rather than conditional use. There was no further testimony and the public hearing was closed at 7:44 p.m. Discussion followed, and Senior Planner Sawyer explained why the Planning Commission and Planning Departments both felt this should be a conditional rather than permitted use. Mayor Sargent read the ordinance by title, entitled ORDINANCE NO. 2822 AN ORDINANCE of the City of Port Angeles adding libraries as a conditional use in the office Commercial District of the Zoning Code, and amending Ordinance 1709, and Section 17.20.160 of the Port Angeles Municipal Code. Councilman Hulett moved to adopt the ordinance as read by title citing Findings I - 6, and Conclusions A - C. The motion died for lack of a second. Councilman Hulett gave a brief explanation of conditional uses for the Council's benefit, and stated why he felt libraries fit better into the conditional rather than permitted use category. Senior Planner Sawyer explained the purpose of the Office Commercial District and how it relates to residential areas. After further discussion, Councilman Schueler stated that he had questions for Mr. Haas and Mr. Enerson, therefore, Councilman Schueler moved to reopen the public hearing. Councilmember McKeown seconded the motion, which carried unanimoUSly. Mayor Sargent reopened the public hearing at 7:59 p.m. Larry Haas, 1625 Place Road, a member of the North Olympic Library System Board of Trustees, returned to the podium and informed the Council that while the -3- 2793 CITY COUNCIL MEETING July 5, 1994 LEGISLATION: Library Board would prefer libraries to be a permitted use in the OC zone, it is (Cont'd) willing to accept a conditional use. Zoning Code Amendment There was' no further testimony and the public hearing was closed at 8:04 p.m. Ordinance No. 2822 (Cont'd) Mayor Sargent restated the title of the Ordinance. Councilmember McKeown moved to adopt the ordinance as read by title, citing Findings 1 - 6, and Conclusions A - C, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion. After further brief discussion, a vote was taken on the motion, which carried unanimously. Zoning Code Amendment 3. ZONING CODE AMENDMENT- ZCA 93(12)01 - CITY OF PORT Ordinance No. 2823 ANGELES: Proposal to amend Chapter 17. 70 (Planned Residential Development Chapter) as it relates to exterior setbacks. Mayor Sargent reviewed the information provided by the Planning Department and opened the public hearing at 8:06 p.m. There being no public testimony, Mayor Sargent closed the public hearing at 8:06 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 2823 AN ORDINANCE of the City of Port Angeles amending Ordinance 1709, as amended, and Section 17.70.040 of the Port Angeles Municipal Code relating to exterior setbacks in Planned Residential Developments. Councilman Schueler moved to adopt the ordinance as read by title citing Findings I - 4, and Conclusions A - B, as set forth in Exhibit "C", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion. Senior Planner Sawyer used the overhead projector to demonstrate to the Council what this change entailed. After a brief discussion, a vote was taken on the motion, which carried by a majority vote, with Councilman Doyle abstaining. Lappier Annexation - B. Ordinances Not Requiring Public Hearings Ordinance No. 2824 1. LAPPIER ET AL ANNEXATION PETITION - ANX 93(01)00 - Melody Lane to Woodhaven Lane, west of Golf Course Road. Final action on antendment to atmexation ordinance. Mayor Sargent reviewed the information provided by the Planning Department and read the Ordinance by title, entitled ORDINANCE NO. 2824 AN ORDINANCE of the City of Port Angeles, Washington, revising an annexation condition for property near Golf Course Road and amending Section 4 of Ordinance 2774. Councilman Ostrowski moved to adopt the Ordinance as read by title. Councilman Hulett seconded the motion. A brief discussion followed, after which a vote was taken on the motion, which carried unanimously. Amendment to LID 2. AmetMment to LID Penalty Rate Ordinance Penalty Rate Ordinance No. 2825 Mayor Sargent reviewed the information provided by the City Attorney and the Finance Department and read the Ordinance by title, entitled ORDINANCE NO. 2825 AN ORDINANCE of the City of Port Angeles, Washington, revising the penalty on delinquent LID assessments and repealing Ordinance No. 1773. Councilmember McKeown moved to adopt the Ordinance as read by title. Councilman Schueler seconded the motion. After a brief discussion, a vote was taken on the motion, which carried unanimously. -4- 2794 CITY COUNCIL MEETING July 5, 1994 LEGISLATION: 3. City Pier Use Ordinance (Cont'd) Mayor Sargent ~reviewed the information provided by the Parks and Recreation City Pier Use Ordinance Director and read the' 0rdin~ce by title, entitled Ordinance No. 2826 ORDINANCE NO. 2826 AN ORDINANCE of the City of Port Angeles, Washington, amending the City Pier and Waterfront Park regulations and amending Ordinance no. 2209, as amended, and Chapter 12.12 of the Por~ Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. Councilman Ostrowski seconded the motion. A brief discussion followed regarding how fees would be collected and future improvements to the pier, after which a vote was taken on the motion, which carried Unanimously. Six-Year Transportation C. Resolutions Not Requiring Public Hearings Plan Resolution No. 6-94 i. Resolution Setting a Public Hearing for the Six-Year Transportation Platy and Capital Finance Plan Mayor Sargent reviewed the information provided by the Public Works Department and read the Resolution by title, entitled RESOLUTION NO. 6-94 A RESOLUTION of the City of Port Angeles setting a public hearing date for review of the Six-Year Transportation Improvement Program and the Capital Facilities Plan for 1995 -' 2000. Councilman Braun moved to pass the Resolution as read by title. Councilman Schueler seconded the motion, which carried unanimously. Planning Commission D. Planning Comntission Minutes/Action Bents Minutes/Action Items 1. SHORELINE MANAGEMENT PERMIT- SMA 94(05)142 - DEPARTMENT Shoreline Management OF NATURAL RESOURCES, North of Ediz Hook: Request approval of a Permit permit to allow att unconfined open-water dredge disposal site. Mayor Sargent reviewed the information provided by the Planning Department. Councilman Hulett requested a confirmation of the Permit number, as the number on the agenda was different from the number in the Planning Commission minutes. Senior Planner Sawyer stated that he would check on the correct number. Councilman Doyle moved to approve the Shoreline Management Permit SMA 94(05)142, subject t° verification of the permit number, citing Conditions A - B, Findings 1 - 11, and Conclusions A - C, as set forth in Exhibit "D", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion, which carded unanimously. 2. Planning Commission Minutes of June 8, 1994 Councilman Hulett moved to accept the minutes of June 8, 1994. Councilman Braun seconded the motion, which carried unanimously. Request to Add Deferred E. Other Consideration Compensation Program 1. Request Approval to Add Deferred Contpensation Program for City Employees Mayor Sargent invited Human Resource Manager Coons to give an explanation to the Council regarding this issue. He stated that an RFP was done in February, and the City has received three proposals. The City is satisfied with International City Manager's Association, who is currently performing the deferred compensation duties, however, felt that employees should have additional options for investments. Proposals were received from IDS Financial Services, Aetna Insurance, and Great West Life. A committee was formed to go over the proposals, and decided to add -5- 2795 CITY COUNCIL MEETING July 5, 1994 LEGISLATION: Great West Life and IDS Financial Services to the defered compensation program. (Cont'd) With the Council's permission, Human Resources will inform Great West Life and Request to Add Deterred IDS that they will be added to the deferred compensation program, and prepare a Compensation Program Resolution to be presented at the next meeting along with the necessary documents and contracts. Councilman Schueler moved to authorize staff to prepare the necessary resolution and agreements to add Great West Life and IDS Financial Services to the City's deferred compensation programs available to employees. Councilmember McKeown seconded the motion, which carried unanimously. Port Angeles Library 2. Request to Sponsor a Bomt Issue Election for a New Pot? Angeles Library Bond Issue Mayor Sargent stated that she felt the proposal presented by the North Olympic Library System was a good one and that an election was a good idea. Councilman Ostrowski moved to sponsor a bond election for the proposed new Port Angeles library, in the amount of $3.5 million, and that Bond Counsel prepare the necessary documents for placing this issue on the September 19, 1994, primary election. Councilman Schueler seconded the motion. Mayor Sargent commended the Library Board for pursuing the issue of a new library. A brief discussion followed regarding the City's bond capacity. At the Council's request, Mr. Haas of the NOLS Board of Trustees approached the podium to explain the inadequacies of the current library building, and stated that it would cost in excess of $1 million to bring the existing building into compliance with the American's with Disabilities Act standards. Further discussion followed and Mayor Sargent noted that the NOLS would be paying for all election costs. A vote was taken on the motion, which carried unanimously. Request for Waiver of 3. Request for Waiver of Cim. Application Fees for Converting Area itt Fees by Presbyterian Presbyterian Church BuiMing for Periodic Emergen©, Homeless Needs Church Mayor Sargent reviewed the information provided by the First Presbyterian Church, commended the Church for their desire to help with the homeless situation and recommended to the Council that the fees be waived in this situation. Counciimember McKeown moved to approve the request for the waiver of City application fees for converting an area in the Presbyterian Church building for periodic emergency homeless needs. Councilman Ostrowski seconded the motion. Concern was expressed over the legality of the donation. City Attorney Knutson explained that there were two constitutional issues. One deals with the donation of City funds and the other deals with separation of Church and State. Attorney Knutson advised that the approval be conditioned on the criteria that any family being helped meet the State low-income guidelines, and the family not be required to attend, or be affiliated with, the Presbyterian Church or any other religious organization. A discussion followed with concern being expressed that approving this request might open the door to further waivers being requested. Councilman Schueler moved to amend the motion to charge 10% of the fees established for the services requested. The motion died for lack of a second. Councilmember McKeown amended her motion to include that approval be conditioned upon the criteria that any family being helped meet the State low- income guidelines, and the family not be required to attend, or be affiliated with, the Presbyterian Church or any other religious organization. Councilman Ostrowski, as seconder of the motion, agreed to the amendment. Councilinan Doyle felt a policy should be established for waiving of fees for charitable organizations so that the Council has some guidelines to follow. City Manager Pomeranz agreed, and offered to have City staff draw up a policy ~tting spending caps which will be presented to the Council at a future meeting. After further discussion, a vote was taken on the motion, which carried unanimously. Break Mayor Sargent recessed the meeting for a break at 9:03 p.m. The meeting reconvened at 9:20 p.m. -6- 2796 CITY COUNCIL MEETING July 5, 1994 LEGISLATION: 4. Appointment of Representative(s) to Public Health and Safety Community (Cont'd) Networks Steering Committee Board Public Health and Safety It was the general con~nsus of the Council that more information was needed Community Networks regarding this Board, as there are already several organizations addressing these Steering Committee issues. Councilman Schueler expressed an interest in this Board and volunteered to attend the meeting and bring back more information on it. He was so appointed. Contract with AMSCO 5. Contract with AMSCO Engineering for Preventative Maintenance Engineering This item was deferred 'to the next meeting, as Fire Chief Glenn was not present to answer questions regarding the contract. EWS Contract 6. Request for Three Month Extension of Environmental Waste Systems Recycling Contract Mayor Sargent reviewed the information provided by the Public Works Department and requested Councilman Braun, as Chairman of the Utility Advisory Committee, to explain the UAC's reasoning in recommending the extension of this contract. City Manager Pomeranz informed the Council that the necessary money for the contract extension would come from the solid waste reserve account. Councilman Braun moved to approve the four month contract extension and authorized the Mayor to sign the contract extension. Councilman Hulett seconded the motion. After limited discussion, a vote was taken'on the motion, which carried unanimously. Sidewalk Restoration Z Public Works Trust Fund Sidewalk Restoration Project Prqiect City Manager Pomeranz stated that the City has applied for a $750,000 Timber Public Works Trust Fund Loan to repair downtown sidewalks. If approved, the loan would be at a 1% interest rate with a 20-year term and five year deferral. This was an information only item, and no action was necessary at this time.' ADJOURNMENT: The meeting was adjourned at 9:42 p.m. -7- 2797 Exhibit "A" Zoning Code Amendment - ZCA 94(05)01 - CLALLAM TRANSIT AUTHORITY Findings: 1. The zoning code amendment will modify Section 17.32.040 PAMC by adding "Radio towers exceeding thirty-five (35) feet." 2. The Comprehensive Plan has been reviewed with respect to the proposal. Goal No. 3 & 3; Commercial Policies Nos. 1-4; Industrial Development Policies Nos. 5 & 6; and Land Use Objectives Nos. 1 & 7. 3. The purpose statement states the purpose of the Light Industrial zone is to create and preserve areas for industrial uses in a planned, park-like setting, in close proximity to airports and highways and that permitted uses are largely devoid of nuisance factors. 4. A Determination of Non-Significance was issued for the proposal on May 20, 1994. 5. Most of the Light Industrial Zoned property is located around the perimeter of the airport. There are limited amounts of LI zoned property near the waterfront. 6. There are uses permitted in the Light Industrial zone that may need radio towers in excess of 35 feet tall including airports, mass transit services, and maintenance yards for contractors and governments. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 2. C. The Zoning Code Amendments are consistent with the intent of Chapter 17.32 of the Port Angeles Municipal Code. Adopted by the Port Angeles City Council at its meeting of July 5, 1994. Jo~K. Sargent,' Mayo~,._j A~TEST: 41~eCky~/J. u~'io~, City Clerk 2798 Exhibit "B" Zoning Code Amendment - ZCA 94(06)02 - NORTH OLYMPIC LIBRARY SYSTEM Findings: 1. The zoning code amendment adds Section 17.20.160(A)(12) "Libraries". 2. The Comprehensive Plan has been reviewed with respect to the proposal. Goals Nos. 3-5; Commercial Policy No. 3; Community Facilities Objectives Nos. 1 & 2; Social Objectives Nos. 2 & 3; and Land Use Objectives Nos. 1, 2 & 7. 3. The Office Commercial Zone is for those business, office, administrative or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation or contain impacts that would be detrimental to adjacent residential areas. 4. The use is not retail oriented. Libraries will typically be open on some evenings and Saturdays. Some of the non-residential uses in the OC zone include business and professional offices, banks, medical and dental clinics, day care centers, churches, business colleges, beauty shops, businesses selling medical supplies and business parking lots. 5. Libraries are conditionally permitted in the RS-7 RS-9 and RHD zones and are permitted in the PBP zone. 6. A Determination of Non-Significance was issued for the proposal on May 12, 1994. Conclusions: A. The Zoning Code Amendment is in the public use and interest. B. The Zoning Code Amendment is consistent with the Comprehensive Plan Goals and Policies, specifically those found in Finding No. 2. C. The Zoning Code Amendments are consistent with the intent of Chapter 17.32 of the Port Angeles Municipal Code. Adopted by the Port Angeles City Council at its meeting of July 5, 1994. o~ K. Sargent, Mayor~.~ ATTEST: fi~ckyq/J. Ul~tO~; City clerk 2799 Exhibit "C" Zoning Code Amendment - ZCA 93(12)01 - CITY OF PORT ANGELES Findings: 1. The intent of Chapter 17.70 (PRD Ordinance) includes provision of alternative zoning regulations to encourage design flexibility to result in a residential environment of higher quality than traditional lot-by-lot development. 2. The PRD ordinance allows multi-family building structures to be located within single family residential neighborhoods. 3. The PRD ordinance allows higher buildings, reduced setbacks and increased lot coverage from those standards that are required for surrounding properties. 4. The City has experienced confusion with respect to the interpretation of Section 17.70.40 PAMC. Conclusions: A. The amendment is in the public use and interest. B. The amendment clarifies the requirements for exterior setbacks for PRD's as contained in Section 17.70.040 PAMC. Adopted by the Port Angeles City Council at its meeting of July 5, 1994. n K. Sargent, May~r,J ATTES-~: ~-ky~. Up[on,/-City Cl~rk 2800 Exhibit "D" SHORELINE MANAGEMENT PERMIT - SMA 94(05)142 - DEPARTMENT OF NATURAL RESOURCES Conditions: A. The Washington State Department of Natural Resources shall annually provide to the Port Angeles Planning Department the following information: (1) The dates and times of all disposal events at the site; (2) A copy of the test data of the dredged material, including an interpretation of the data; (3) A description of the physical properties of the dredged material; (4) A description of the site from which the material was dredged; and (5) The name of the dredging contractor and the tug captain. B. The Washington State Department of Natural Resources shall, within ten (10) days of disposal, notify the City of Port Angeles Planning Department of any violations of the Department of Natural Resources Dredged Material Disposal Requirements. Findings: 1. The proposed dredged material disposal site is located in an Urban Shoreline Environment and has been reviewed for consistency with the Port Angeles Shoreline Master Program. 2. The potential environmental impacts of the dredged material disposal site have been reviewed through an Environmental Impact Statement prepared by the Washington State Department of Natural Resources and the United States Army Corps of Engineers. The final Environmental Impact Statement has been adopted by the Department of Natural Resources, acting as the SEPA lead agency. 3. Public notice has been given, as required by the Shoreline Management Act, Chapter 90.58 RCW, and the Port Angeles Shoreline Master Program, Chapter 15.08 PAMC. 4. The proposal is for a dispersive, unconfined, open-water dredged material disposal site to be located approximately 3.5 miles north of Ediz Hook, at Latitude 48 degrees 11.68 minutes, Longitude 123 degrees 24.86 minutes. 5. The dredged material disposal site is one of several identified in the Puget Sound Dredged Disposal Analysis and is anticipated to accommodate 285,000 cubic yards by the year 2000. 2801 6. The dredged material disposal site covers 884 acres at an average depth of 435 feet. The site is considered to be dispersive, which requires additional testing of the materials prior to disposal and monitoring to ensure dispersion is occurring and excessive mounding is not. 7. The site is required to comply with the Management Plan for unconfined open- water disposal prepared by the Washington State Department of Natural Resources and the United States Army Corps of Engineers. 8. Dredged material disposal is classified as dredging activity as contained in the Port Angeles Shoreline Master Program. 9. The Puget Sound Dredged Disposal Analysis Management Plan was prepared through a cooperative effort between the Washington State Departments of Natural Resources and Ecology, the United States Army Corps of Engineers and the Environmental Protection Agency. 10. All dredged material to be disposed at the proposed site must meet criteria established by the Department of Natural Resources and Army Corps of Engineers for dispersive, unconfined, open-water disposal. 11. Dredging, including dredged material disposal, must comply with permitting requirements of the Army Corps of Engineers, the Department of Natural Resources, the Department of Ecology, and the Departments of Fisheries and Wildlife. Conclusions: A. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C. 1 & 5; and Land Use Element D.6 and D. 14 c, d&e. B. The proposal has been reviewed consistent with the procedural requirements as contained in Chapter 173-14 WAC. C. The proposal will not be detrimental to the shoreline. Adopted by the Port Angeles City Council at its meeting of July 5, 1994. Sargent, Mayor~.~ A~I'TEST: fS¥ckyq~. Uptod,-City Clerk