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HomeMy WebLinkAboutMinutes 07/16/1991 2027 CITY COUNCIL MI~TING Port Angeles, Washington July 16, 1991 CALL TO ORDER - Mayor Sargent called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:05 p.m. ROLL CALL: Members Present: Mayor Sargent, Councilmen Cornell, Lemon, Nicholson, Ostrowski and Wight. Members Absent: Councilman Hallett Staff Present: Manager Pomeranz, Asst. Attorney Dickson, Deputy Clerk McFarland, S. Brodhun, L. Glenn, K. Godbey, J. Pittis, B. Titus, M. Cleland, D. Sawyer, Y. Ziomkowski. Public Present: L. Celstino, C. Sanders, C. Boardman, L. Martin, K. Murphy-Carey, W. & R. VanSickle, H. Gray, H. & M. Johnston, L. Smith, D. Leland, J. & B. Morse, H. & F. Ruddell, M. & L. Edwards, C. Angus, W. Lucas, V. Lutes, Mr. & Mrs. H. Reily, L. Fromhold, M. Haunbeger, D. & P. Brewer, J. Dove, J. Glaubert, G. Austin, H. & C. Abbott, D. & K. Renfroe, J. J. Fairshter, E. Brown, C. Shurland, D. Somers, W. Rausal, M. Bieler, D. & J. Owen, L. Torres, L. Blake, H. Munday, R. Nelly, S. Indelicato, E. Veltkamp, C. Ritchie, B. Haselton, L. Beil, P. Blanchard, G. Pettit, D. deMontacuo, C. May, P. Ritter. CONSIDERATION OF Mayor Sargent invited Finance Director Godbey and Accounting Manager QUARTERLY Ziomkowski to present the Second Quarterly Financial Report. FINANCIAL REPORT - JUNE 30, 1991 Finance Director Godbey presented the Report, which illustrates income and expenditures to June 30th as compared with the 1991 Budget and as compared with income and expenditures for the same period of 1990. The sales taxes transmitted by the State are listed in a manner requiring manual effort to determine the basic source; i.e., Daishowa expansion. We have now requested the State to submit this information on mag tape to be sorted by vendor by our programmer. In response to a question from Councilman Cornell regarding leasehold excise tax, Finance Director Godbey said research is being conducted to determine the reason for the discrepancy between the first half of 1990 and the first half of 1991. Director Godbey said approximately 48% of the budgeted income is still to be received; however, it appears sales tax revenues may be more than budgeted. Councilman Wight asked if it were possible that the sales tax revenues yet to be received would exceed the projected 48 %. Director Godbey answered yes. Mayor Sargent asked when the hotel/motel taxes for the summer would come in, and was advised our receipt of all taxes is approximately two months after payment to the State. Director Godbey explained the difference in personnel benefits this year over last year. The mid-year expenditures are at just about 50%. Mayor Sargent asked if there were any questions to be directed to specific Departments. Councilman Nieholson thanked Director Godbey for a really clear six- month statement. Councilman Cornell asked if the projected revenues and expenditures would hold true. Director Godbey said the projections looked excellent. Councilman Lemon asked about Convention Center shows $35,000 received from taxes, while the budgeted amount for the entire year is $135,000. Where will the other $100,000 come, from? Director Godbey explained the majority of the budgeted amount will be received from taxes collected during the summer months, which will come to us later in the year. Mayor Sargent called for a five-minute break at 7:05 p.m. CALL TO ORDER Mayor Sargent called the regular meeting to order at 7:12 p.m. REGULAR MEETING -1- 2028 CITY COUNCIL MEETING July 16, 1991 PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Lemon. ALLEGIANCE APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular Council meeting MINUTES of July 2, 1991, and the special Council meeting of July 8, 1991, as written, and placed on file. The motion was seconded by Councilman Wight. Mayor Sargent submitted a correction to page 1 of the July 8th meeting, at the bottom of the page, the name of the participant is Fred Bock, not Brad Bock; and the last paragraph on the page should read: ~If I owned 100 acres...~ On call for the question, the minutes were approved as amended unanimously. FINANCE 1. Consideration of bids award for WaterfWastewater Backhoe Two bids have been received. This equipment was bid in May and the bids were rejected for exceeding the funds available. The bid specifications were re-written. On July 9th, the low bid was made by Smith Tractor in the amount of $45,409.67, which does meet specifications without significant exceptions, and falls within with the amount budgeted. The bid for Option B, the pavement breaker, exceeds the funds available, and the Water/Wastewater Division will evaluate budgeting for this option- al equipment at a later date. It is suggested the trade-in option not be exercised, since the amount offered is less than the value of the equipment on the open market. CouncilmanNicholson asked if the Ltrade-in were considered, the other bidder would be the low bid. Public Works Director Pittis said going all the way to Option B, that would be tree. Councilman Comell noted only $800 difference between the two bidders at Option A level. Is there a substantial difference between the vehicles being offered? Director Pittis reported both pieces of offered equipment have been reviewed by the Equip- ment Services Superintendent and the recommendation is still for the low bid. The trade-in piece of equipment has sustained a major break-down and would not be accepted for trade-in without extensive repairs. Councilman Nicholson moved to award the bid for the Water/Wastewater hack- hoe to Smith Tractor in the amount of $45,409.67, and Option A, the compactor, in the amount of $6,058.36, total bid of $51,468.03, including tax; and that the existing equipment be surplused and offered for sale. Councilman Comell seconded the motion. On call for the question the motion carried unanimously. CONSENT AGENDA Councilman Cornell moved to approve the items on the Consent Agenda, includ- ing (1) Reschedule of Public Hearing on Electric Rates; (2) Correspondence from Washington State Liquor Control Board; {3) Vouchers of $452,333.33; and (4) Payroll of 6-23-91 of $307,209.06. Councilman Ostrowski seconded the motion. Mayor Sargent asked about the apparent extensive Police Car maintenance. Public Works Director Pittis reported all the Police cars came up for maintenance at the same time, as they were purchased at the same time. On call for the question the motion carded unanimously. ITEMS FROM TIlE Albert Jue, architect with TRH Network, would like to make a brief statement on COUNCIL/AUDIENCE Legislation Item 2(B), the LaVista project. TO BE CONSIDERED/ PLACED ON THE Eustace Riley, 306 East Front Street, would like to speak to the LaVista Planned AGENDA Residential Development and would like to have a public heating. Mayor Sargent said he could make his statement when the item comes up. Dr. Fairshter, 306 East Front Street, would like to speak on the matter of LaVista at the appropriate time. Patsy Blanehard, 236 East Front, Apartment 18, would also like to speak on the La Vista complex: She asked if people would be allowed to speak during the considera- tion of the matter. Mayor Sargent replied it will not be a public hearing and no testi- mony will be taken from the public. However, if anyone thinks the matter was mis- handled at the Planning Commission meeting which would warrant the Council hold- ing a public hearing, that would be appropriate to bring up at that time. Dr. Harlan McNutt, 231 East First Street, will speak, if necessary, to the proposition of the La Vista Project. -2- 2029 CITY COUNCIL MEETING July 16, 1991 LEGISLATION A. Request for Shoreline Management Permit - Austin - SMA-91(05)II7, Eust Railroad Avenue: Reque, t for Shoreline Permit to allow construction of Public Hearings: Request cyclone fence and rock bulkhead in the LI, Light Industrial District. for Shoreline Management Permit - Austin - Mayor Sargent opened the public hearing at 7:37 p.m. SMA-91(05)117 Jack Glanbert, East Sequim Bay, said at the May 21st meeting, it appeared the Council had some questions. He distributed some photographs of the area and was prepared to answer any questions from Council. Mayor Sargent asked the purpose of the fence and wall, as Council was not quite clear as to why it was necessary. Mr. Glaubert responded the fence was planned in order to limit the use of the property by unauthorized individuals. There was a fair amount of water in the pond last winter, and when it was frozen, a number of - children were playing on the ice. He considered that to be an attractive nuisance and should be secured. Mayor Sargent mentioned aesthetics, as viewed from the Waterfront Trail. Mr. Glaubert said efforts will be made to construct the fence in a visually unoffensive manner. The fence height has been reduced, and the type of fence will be less offen- sive than the originally proposed cyclone fence. Councilman Lemon asked for an explanation for the rock wall - why it varies up to nine feet in height, and how it will be constructed. Mr. Glaubert said he is presently looking for a rock source to meet. State specifications, which require a 6:1 batter, which is a slight lean against the upland area, and the face of the wall sufficiently smooth that there is nothing protruding six inches from the line of plane. Councilman Comell asked how the rocks for the wall will be transported to the site. If they are transported along the Waterfront Trail with heavy equipment, there is a possibility of damage to the Trail. What is the purpose of the wall? Is bringing in that rock and building that wall worth the potential damage which might be done by heavy equipment on the Waterfront Trail? Mr. Glaubert said the attempt is to time the construction of the wall with the City's repair of last year's storm damage to the Trail. Apparently, the City is planning to bring in approximately 600 tons of rock to be placed on the water side of the Trail. He was planning to coordinate his activi- ties so the work on his property could be done at exactly the same time, so that when both projects are completed, any damage is repaired at the same time. The reason for the wall is to make an improvement on the property. There are remains of an existing wall, and the proposed wall would continue and extend that existing wall. Councilman Cornell noted that the Planning Commission had wondered what future use was planned for the property, and repeated that as his question. Mr. Glaubert said no future use for the property has been determined at this time. At some time in the future, there may be a use for it. Under State law, property owners can replace or maintain existing facilities. Councilman Coruell asked Public Works Director Pittis about the City's schedule for repair of the water side of the Trail. Director Pittis said the Trail is not designed to handle loads, even to replace the rock along the Trail. There will probably be some damage mused by bringing in the rock, and will reduce the loads of rock, if possible, in order to minimize the damage. If both the City and Mr. Glaubert use the Trail to transport rock for their individual purposes, the problem will be to determine who caused what damage to the Trail and who, therefore, is responsible for the cost of repairing that damage. - Mayor Sargent asked if any other access to the property had been considered. Mr. Glaubert replied at this time, the only access realistically available would be the Trail access from Lincoln Street. Although access through the Red Lion property was con- sidered, they have requested it not be considered, primarily due to the potential damage which could be caused by moving heavy loads of rock. Councilman Wight asked Mr. Glaubert if he was willing to discuss cost-sharing with respect to potential~damage to the Trail.-Mr.- Glaubert said there was a possibility. With the construction of the wall, he would probably use the same contractor as the City uses. The comparison of tonnage brought in for his wall and the work for the City would be an appropriate way to determine the share of Trail repair costs to be borne by each party. Ed Brown, 1724 West 13th Street, is concerned about the wetland area located on the subject property. Whatever use the property is put to will degrade the wetland area. The wall will alter the slope upland of the pond, which will affect the amount of water run-off; soil compaction will occur during the construction process, which -3- 2030 CITY COUNCIL MEETING Suly 16, 1991 LEGISLATION will further aggravate water nm-off into the pond and possibly aggravate erosion (Cont'd) problems; it will disturb the upland edge to the wetland area, which is a fragile eco- logical zone. It will destroy existing plant cornmuRities bordering the wetland area; Public Hearing: Shoreline it will cause a certain amount of loss of biofiltration - the natural filtration process Management Permit of vegetation when polluted or nm-off water come into there. The wetland acts as (Cont'd) a natural filter for that nm-off and helps keep the Harbor clean. There is also the loss of passive recreational opportunities and aesthetic values. It is true that wetland protection and preservation is a very controversial issue. The laws do not adequately cover what is needed to protect these areas. It doesn't provide the type of guidance for planning groups or officials of local government. Cindy Souders, 219 West Park, said she was the one person on the Planning Com- mission who voted against this permit application. She understands the rights of pro- perty owners and has no problem with the fence. However, even the Planning Department could find no logical reason for the rock wall. The rock wall was alleg- edly supposed to control erosion; however, whatever erosion had occurred was as a result of devegetation of the slope. She suggested the hillside be re-vegetated. This might preclude the necessity to bring in rock, thereby eliminating the possible dam- age to the Trail. The proper vegetation could control any future erosion. Mayor Sargent closed the public hearing at 7:52 p.m. Councilman Nicholson asked Assistant Planner Jimerson if the requirement for a grading plan prior to doing any work would ensure the existing site, including wet- lands, .would not be significantly disturbed. Assistant Planner Jimerson responded it would be an accurate conclusion if there is some authority to prevent any additional work occurring if that plan shows there would be some environmental damage. The submittal of the plan in itself would not guarantee anything. Councilman Nicholson asked if stopping the work would automatically occur if it was found the site was be- ing degraded. Assistant Planner Jimerson suggested that be clarified in the conditions of approval. Councilman Ostrowski asked whether or not a hydraulics permit will be required. Assistant Planner understands it could be required by the Department of Fisheries. Councilman Cornell noted that two Councilmembers voted against the application at the earlier Council meeting. To his understanding, minimal benefits to the developer would accrue by the construction of the wall. However, the potential damage to the public good is quite large. There is potential damage to the wetlands; potential damage to the Waterfront Trail exists. This potential damage far outweighs any mini- real benefits which might accrue to the developer. If the fence is made more aestheti- cally pleasing, he would not have a problem with it. Mayor Sargent agreed. Councilman Wight voiced his concern of abrogating the public interest to the rights of a property owner. However, if the rock wall is within the law, what harm does it do the public? Councilman Cornell responded by reiterating the existence of the wetland and the potential damage to the Waterfront Trail. Councilman Lemon noted that since the City is looking at using the Waterfront Trail to transport rock, why cannot the private property owner use the same access at the same time? Councilman Cornell said the damage which the City will do to the Waterfront Trail will be in an effort to save the Trail. To allow a private property owner to increase the amount of damage to the Trail on behalf of what to him is an unnecessary project, only compounds the matter. Mayor Sargent noted that clearing and grading previously done on the subject site had resulted in damage to the property. Councilman Nicholson said the potential damage for that little bit of rock for the pro- posed rock wall,'as opposed to the tons which the City will have to move in there is minimal and repairable, and it will be repaired. If it is true that the wetland section will not be disturbed by the rock wall, and the permit is going to require that it not be, there is not enough potential damage that the property owner cannot build the wall on his own property. Conditions, Findings, and Councilman Nicholson moved to concur with the recommendation of the Hanning Conclusions Commission and approve Permit SMA-91(05)117, citing the following conditions, findings, and conclusions: CONDITIONS: (A) Submit grading and drainage plan showing all proposed grading. Earthwork shall be limited to what is neces- sary to install fences and rock wall; (B) The proposed fence along the Peabody Street right-of-way~ be constructed. ~,~f~:~.~ - - ,~a~- 2031 CITY COUNCIL MEETING July 16, 1991 LEGISLATION ~l~_he !_'ym~ :---- ~-:; -.rc'J~_"?_ -_rca -~ -ac'&-~d c.r. '&.c ~rvcy:d d_'°_w:~;~ (Cont'd): ~ (C) Obtain right-of-way use permit for placing a gate in the Vine Street right-of-way and for any work in the Peabody Street d_~ht-of-way; (D) Public Hearing (Cont'd): Obtain a building permit for a rock wall over 4 feet in height; Shoreline Management ~-~"-"~ ~-;' ~,,,o,,.,.,.~.a ___, ..... a .._~:~ ~ a~_.a ..... · -~- '-~o Permit Austin ~- *~' .... :-'~' ''~*~'~ o:,~ · ' · - . ...................... , (F) File survey plot plan designating wetland area,k.._~ per John Heal's study, with the County Auditor's Office; (G) A hydraulics per- mit must be obtained from the Department of Fisheries, if required by the Deparhiient of Fisheries; FINDINGS: (1) The proposal is to install a 6-foot high cyclone fence and a rock wall ranging in height from 3 feet to 9 feet five inches; (2) The property contains a wetland covering .38 acres, as designed by Bio- nomics, Inc.; (3) The property contains approximately 16,500 square feet of land not designated wetlands by Bionomlcs, Inc.; (4) The proposal will not result in any new use of the site, nor does it prepare the site for a particuiar use; (5) The - purpose of the fencing/rock wall is to keep unauthorized persons off the property and to prevent erosion from the hillside; (6) The site abuts the City's Waterfront Trail, providing it with an aesthetically pleasing wetland, which also serves as wildlife habitat; CONCLUSIONS: (A) The proposal is consistent with the poll- cies and regulations of the Port Angeles Shoreline Master Program, the Port Angdes Comprehensive Plan, and the Port Angeles Zoning Code; (B) Submittal of a grading plan to the City prior to doing any site work will ensure the existing site, including weflands.~ill not be significantly~iisturJ~ed. Councilman Ostrowski o . C~dncil~Wight moved~or a friendly a~flentlment t~ ~dd a Condition It that the movement of the construction materials to and from the site be coordinated with the Public Works Deparhiient of the City and that there be an amenable arrangement regarding mitigation of impacts. Councilman Ostrowski seconded the amendment and Councilman Nicholson accepted it. Councilman Lemon moved to modify Condition "B" to include if there is sufficient disturbance to the wetlands that all work will cease and desist at that point. Councilman Nicholson restated the amendment to read: If there is unforeseen damage the City would have the right to stop the work at any point. Councilman Ostrowski seconded the amendment. On call for the question, the motion carried 5 - 1, with Councilman Comell voting 'No'. Public Itearing: B. Community Development Block Grant (CDBG) Application Proposal Community Development Block Grant (CDBG) Mayor Sargent reviewed the availability of a Community Development Block Grant Fund for planning only, with a maximum of $24,000 of single jurisdictions. An app- lication for such a grant is being prepared. One requirement is to hold a public hear- int. Mayor Sargent opened the public hearing at 8:05 p.m. Karen Renfroe, 210 West 12th Street, said we definitely need more low-cost housing, especially with the timber industry the way it is and the number of people out of work. Esther Veltkamp, 212 West Eighth Street, would like to see Port Angeles do some things other towns have tried to make more housing available to people. Seattle has said non-related people can occupy a single-family residence and the property owner can receive rent. This would allow some of our present crunch to be alleviated. H. B. Riley, 306 East Front Street, has been very active in housing for poor people - in New Orleans. It is very desirable that the City give leadership to the area of low- cost housing in any manner it can do so. He cited many instances in other cities where low-cost housing has been made available. Patsy Blanchard, 236 East Front Street, Apt. 18, is in favor of this proposal. She is involved with some of the less fortunate people in the area, including both handi- capped and low-income. There is such a need for people in this area to have adequ- ate housing.. Them is currently a year-long waiting list for the Section 8 housing. Rose Van Sickle, 1102 West Eighth Street, has managed two different apartment complexes in Port Angeles, including Wildwood Terrace, and there is a great need. There has always been a long waiting list for applicants to locate low-income hous- ing. There is a big need for housing, especially for the elderly. 2032 CITY COUNCIL MEETING July 16, 1991 LEGISLATION Jerry Austin, 1305 E. First Street, fight now, there is an extreme shortage ofhous- (Cont'd): ing. He has been working with the churches to help find housing for people. If he has a one-bedroom studio apartment available, he may get calls from 20 people. Public Hearing (Cont'd): Community Development Mayor Sargent asked that a sign-up sheet be circulated so those who have not already Block Grant signed in can do so now. The number of people present will go in our favor when the application is submitted. Mayor Sargent closed the public hearing at 8:15 p.m. No further action was required of the Council at this meeting. Public Hearing: Appeal C. Appeal of Conditional Use Permit - CUP-91(06)IO - Peninsula Mental of Conditional Use Permit Health - 203 West 12th Street CUP 91(06)10 - Peninsula Mental Health On June 25, 1991, the Planning Department received a written appeal of action taken by the Planning Commission to approve the CUP and the permit would allow an ado- lescent group home for four girls to be located in a residential single-family district at 203 West 12th Street. The appeal was timely. Mayor Sargent opened the public hearing at 8:17 p.m. Judy Owen, 223 West 12th Street, owns her home and has lived there for 14 years. Her concern is the establishment of the transition house for four girls ranging from 13_.to 18 years.of.age. This~area. already .has quite a few community service type organizations located in it - the bed and breakfast, Tudor Inn; Queen of Angles Church and School; several in-home day cares in the same block; an adult foster care facility; a senior citizen place where they leave people during the day; and she is wary of an adolescent home being established in this neighborhood. Some of the girls come through the system with police records, history of prostitution, drug abuse, alcoholism, and some developmental delay. Crime might increase, and noise and traffic would increase because of this facility. Even though these girls should be given a chance, it does not appear to be cost-effective to open a home where one or two adults have to be present at all times for only four girls. She requested at the very least the two-year time limit be reconsidered. If it looks like the proposal will not work out, she would like to be able to appeal the permit after one year. William Lucas, 1204 South Oak Street, said the intent of the RS-7 zoning is to pre- serve the family neighborhood. At present there are three Conditional Use Permits within a block and a half of each other. If this one is granted, that would be four. If this one is allowed, the zoning is just so much paper. This is institutionalizing the neighborhood and has all the earmarks of forced integration, which would spell the death of the neighborhood concept. His concern also is for property value. After 22 years in the same house, he would like to finish his days there. If he should decide to move to an apartment or a smaller place with less maintenance requirements, he may not be able to sell his present home. This has been a safe neighborhood and he would like to see it continue. The only street lights are at the intersections, and 12th Street in this area consists of very long blocks. Louie Torres, doing business as Olympic Development Plalaning, on behalf of Penin- sula Mental Health, noted that the Planning Department and Planning Commission had considered this matter in full. The basis for the appeal was the time limit and the fact that not enough consideration had been given to the neighborhood. The testi- mony given tonight is no different than that received at the Planning Commission. The time issue is extremely relevant. No community-based organization can afford to purchase a facility without sufficient time to amortize some of those costs and make it a reasonable activity. Two years is an absolute minimum. The purpose is to provide the individuals with a home-like setting to allow them to mature and resolve their problems in an appropriate setting so they can be integrated into society. It is essential that adequate time be provided. He said the alleged conditional uses in the area have not been verified. Lois Blake, P. O. Box 554, introduced the members of the staff of Peninsula Mental Health who give direct care for the adolescent girls who will be in the program.,. These girls are children of our community and we need to extend some Christian charity to the young people of our community. Ms. Blake introduced Margo Hornberger, administrative director; Bob Nealey, therapist in Children & Family Services Department; Hazel Munday, director of the adolescent program which has been in existence in the community with a great deal of success for the past two years; Deborah DeMontalbo and Lucille Celestino. Several members of the Board of Directors were also introduced: Carole Boardman and Cathy Murphy-Carey. 2033 CITY COUNCIL MEETING July 16, 1991 LEGISLATION Laura Edwards, 210 West 13th Street, four houses away from the proposed site. She (Cont*d): was not notified in advance of the application. She did not know about the proposal until after the Planning Commission heating. Apparently, the sale of the subject Public Hearing (Cont'd): house will not be completed unless the permit is approved. She is in opposition to Conditional Use Permit - the use. The neighborhood is a mixture of young families, retired families, and the Peninsula Mental Health other conditional uses. Carole Boardman, 2138 Lindberg Road, is on the board of Peninsula Counseling. She lived on Cherry Hill for 12 years and considers the neighborhood wonderful. The proposal is for a family situation - four girls - while many families on Cherry Hill have more than four children. She asked the Council to vote in a responsible way. Cheryl Abbott, 212 West 1 lth Street, considers it an error not to consider the proxi- mity of the subject site to a school. If a two-year time frame is selected, there should be a provision for a cease and desist order if damages are above the expectations. Hazel Munday, 616 South Pine Street, works for Peninsula Mental Health. Ms. Munday supervises the adolescent transition home as it now exists. She commented on the institutional versus home atmosphere for such troubled teens. A valiant attempt is made to create a home for the girls. Staff is there is parental figures; they provide structures and boundaries and a lot of support for the girls. The girls are taught housekeeping, budgeting, make sure they get their school work done, just as any parent would. She invited questions. Councilman Cornell asked for a background review of the girls who will reside in the group home. Ms. Munday said there are a variety of backgrounds. Most have been through the foster care system and do not bond very well with people, because of problems in their past. If they are placed in a regular foster home, they do not bond and consequently do not fit in. The girls have a variety of different problems physical, mental retardation, emotional problems. The supervisors conduct group therapy, give a great deal of attention to the troubled teens, and hopefully, the girls will be able to bond with the supervisors. Councilman Comell asked if the supervisors were present 24 hours a day. Ms. Munday said they were. Out of a staff of six women, shifts are rotated to nmke it 24 hours a day, 7 days a week coverage. They remain on the premises throughout their shifts. Councilman Cornell asked if the girls were free to come and go, as in a nor- nmi family. Ms. Munday said it will depend on which level each girl occupies. The levels are reviewed on a monthly basis, with advancement dependent on meeting goals which have been set. By the fourth, or top, level, the girls have shown they can be trusted and have some freedom to come and go. Councilman Cornell asked if there was another facility of this type presently located in Port Angeles. Ms. Munday answered there is. Councilman Cornell asked Police Chief Cleland if there was any activity at the exist- ing facility which concerned the Police Department. Chief Cleland responded any problems there were minimal. He said that there none of which he was aware. Councilman Ostrowski asked if the girls would be from the area or from some distance away. Ms. Munday said the primary focus was on community residents, although referrals are received from outside the community. The majority of the girls would be from Clallam or Jefferson County. Mayor Sargent asked where the six girls mentioned are being accommodated at this time. Ms. Munday replied an existing residential structure is set up as a regular fos- ter home through DSHS and it can accommodate only two girls. It would be more cost-effective to Peninsula Mental Health and serve more clients if the present request for accommodations for four were approved. Councilman Lemon asked if the girls are screened to determine if they would fit into the proposed home. If the girls do not observe the rules and regulations, are they allowed to remain~ or are they sent elsewhere? Ms. Munday said the screening attempts to locate individuals who will fit in with other residents in a group home. Since this may be the last chance for some of the girls, they usually try to conform to the rules. If it doesn't work out, DSHS would be responsible for placing them elsewhere. Linda Frombold, 1390 Lofgrin Road, Sequim, is a resident counselor and wanted people to know what transpires at such a home. She called the Fire Department one time and only because someone's car was on fire in front of the house. This is the -7- 2034 CITY COUNCIL MEETING July 16, 1991 LEGISLATION only problem she has had. With regard to boys, the counselors are very strict in the (Cont'd): home and they. have no problems because boys are not allowed there. The attempt is to set the girls straight to keep them off the welfare system. Public Hearing (Cont'd): Conditional Use Permit - Patsy Blanchard, 236 East Front, Apt. 18, works weekends with four retarded adults. Peninsula Mental Health The idea of the cost-effectiveness is to have a smaller group home, giving more chance to work on a one-to-one basis to give them a chance to get off the DSHS sys- tern. Without the benefit of the group home, the teen girls would run the chance of becoming teen mothers, thereby extending their claim on DSHS and welfare funds. The group home may make them self-supporting members of the community. The girls will be very well monitored to reduce the possibility of involvement with boys. The smaller group home concept can help build up young adults who can develop self-esteem and self-dependence and give them a chance to become productive members of society. Don Renfroe, 210 West 12th Street, said he has heard different stories about the type of people to occupy the subject site. He suggested Council table consideration of this item to allow Police Chief Cleland to check the records, as he believed there are police calls to such houses operated by the Center. Howard Ruddell, 136 West 12th Street, took exception to the statement that the resi- dents of the proposed group home would receive better care and attention than child- ten in a normal home. The success of the neighborhood can be traced to the account- ability of the children to their parents. With three different pairs of supervisors, the accountability cannot be ~the same as ~in a regular home. There should be some local individual to whom neighborhood residents can turn for information when vandalism Karen Renfroe, 210 West 12th Street, is concerned about the qualifications of the six people who will be supervising the residents of the home. If there is a mental problem with one of the residents, there is the possibility the supervisors could be injured. Although she knows the girls need help, she is concerned about the extra outside influence. The parking situation on 12th street is severe, there is no off-street parking available. Restrictions should be placed so that if the neighborhood has problems with the residents of the home they can come to the City and ask for help. The majority of the neighborhood who testified at the Planning Commission were against the proposal; yet it was passed. Why? Lucille Celestino, 312 Forest Avenue, is a mental health professional at the Center. She has not seen any problem with thieving, racing cars, the house is quiet. She knows the girls are tracked very carefully - the records to be maintained are very detailed. Although she was fearful, she is pleased to see what has happened and is proud to be part of that. Lois Blake, P.O. Box 554, has heard some concerns. There are questions being put forth about which she would like to reassure the neighbors. The proposed residents of the group home are not hard-core; they are basically children who have been in trouble, have been abused, which is probably the reason for their inability to bond, and they need another chance. They are carefully screened. The bottom line of the program is "accountability". In advancing from one level to another, there is always the possibility of backsliding, resulting in reduction in level. This possibility moti- vates the residents to follow procedures to earn additional privileges. With respect to cars racing up and down the street, the group home residents do not drive their own cars. Secondly, the location of the house is confidential to attempt to keep the boys from swarming from all over. With regard to having the police called out, the current adolescent home has had very few calls. Mayor Sargent called a recess at 8:45 p.m. due to the collapse of a member of the audience. She called the meeting back to order at 9:12 p.m. Lois Blake, P. O. Box 554, continued her presentation. The young people referred to this program are not heavy-duty delinquents. They are children who are dependent for a home on the State. Councilman Cornell mentioned that the main thrust for the request for appeal was to have the Council add in a condition for a one-year review. He said Ms. Blake and her people had stressed to both the Council and the neighbors that there would not be a problem. Therefore, would there be a problem with a one-year review? Ms. Blake replied in light of the financial commitment to the program, it would be advis- able to maintain the two-year condition. Councilman Cornell pointed out if the pro- posal does not pass a one-year review, it is negatively impacting the neighborhood. Ms. Blake stressed that the Center had provided open meetings and had sent out letters to the neighbors. They want to know if the neighbors see something the super- '8- 2035 CITY COUNCIL MEETING July 16, 1991 LEGISLATION visors do not. Some of the neighbors at the original meetings had volunteered their (Cont'd): services to furnish assistance to the adolescent home. Public Hearing (Conffd): Councilman Nicholson said if we have confidence in the program and understand all Conditional Use Permit - the programs, why would we be concerned if we had a review at the end of a year? Peninsula Mental Health Ms. Blake responded she is not concerned because they have been two years at the current location and the neighbors love them. Councilman Nicholson repeated it would not jeopardize anything if we added the provision to review the permit at the end of a year. Ms. Blake said it would not, but she left it up to the Council. Council- man Nicholson reiterated his confidence in the program to the point of being willing to review it at the end of a year, knowing there would be no changes. Ms. Blake asked people to consider the financial commitment being made to purchase the house versus the possibility of only one year's use as proposed. - Mayor Sargent asked Assistant Attorney Dickson if it was appropriate for Council- man Nicholson to sit in on the discussion, taking into consider the appearance of fairness doctrine, even though he would abstain from voting. Attorney Dickson said it would be better if Councilman Nicholson left the dais, which he did. Councilman Lemon asked what hardship would be imposed if the Conditional Use had a one-year term. Mr. Torres spoke up, citing Condition No. 3, giving the Planning Commission the authority to review the use, upon complaint. This condition assures the safety of the neighborhood and allows the Center to operate the use for at least two years, so long as all other conditions are met. Mr. Torres stated his belief that ~e testimony has established this is a useful activity; there is definitely a need in the community. The operation is well-monitored. Nothing has been shown that the Planning Commission erred in its findings. He closed by asking the Council to approve the Conditional Use as presented by the Planning Commission. Carol Angus, 219 West 12th Street. She has no argument with the value of the pro- gram; however, within a one-block area on 12th Street between Oak and Cherry Streets, in a single-family residential area, there are two non-residences already. This would be the third. She asked the Council to review the concentration of non-family use in the single-family zoned area. Stephanie Delicato, 120 West 12th Street, is concerned about the lack of information given to the neighborhood. She is all for helping the young people, but the proposal is not for a family setting. The other partially non-residential uses in the area do have families living within them. This proposal will be an institution in a single-family arP_~. Mayor Sargent closed the public hearing at 9:32 p.m. She asked the Planning Depart- ment to clarify the neighborhood notification. Mr. Jimerson said residents within 300 feet of the property received a notice by mail; the sign was posted on the site a week in advance of the public hearing; and the public hearing was advertised in the Peninsula Daily News. Additionally, he understands the applicant conducted several neighborhood meetings prior to the public hearing. Conditions, Findings, and Councilman Wight moved to uphold the action of the Planning Commission to Conclusions approve Conditional Use Permit No. CUP-91(0oD10, citing the following condi- tions, findings, and conclusions: CONDITIONS: (A) The approval is for an adolescent group home located at 203 west 12th Street for four adolescents and one adult supervisor, with a second supervisor on-site on an occasional basis; (B) No autos will be owned or used by the teen-age residents; (C) The Planning Commission shall review this Conditional Use Permit in Augnst, 1992, if written complaints are on file. The Planning Commission may then, following a public - hearing and subject to review by the City Council and with the right of appeal to Superior Court, revoke this permit in the future if the Commission finds that the use to which the permit is put is detrimental to the health, safety, morals, comfort, and general welfare of the public or constitutes a nuisance as a result of a change in the nature of the use for non-compliance with the conditions. FINDINGS: (1) The approval is for an adolescent group home located at 203 West 12th Street, for three adolescents and one adult supervisor. The facility . .may occasionally housean additional adolescent 'and supervisor from time to time; (2) The property is zoned single-family residential, RS-7. Group homes are listed as conditionally permitted uses in this Zoning District; (3) An existing single-family home will be used for the group home; (4) No other group home Conditional Use Permits have been approved by the City in the immediate vicinity; (5) The Comprehensive Plan has a Social Objective which states: "The city should encourage industrial diversification."; CONCLUSIONS: (A) The proposed Conditional Use Permit is compatible with the surrounding land uses and land uses in the RS-7 Zone; (B) The proposed Conditional Use Permit is in -9- ~ 2036 CITY COUNCIL MEETING July 16, 1991 LEGISLATION the public use and interest and is not detrimental to the public welfare; (C) The (Cont'd): proposed Conditional use Permit is consistent with the Port Angeles Zoning Code and Comprehensive Plan and other applicable land use regulations. Councilman Public Hearing (Cont'd): Comell seconded the motion, asking Councilman Wight if the review was limited to Conditional Use Permit that particular time. Councilman Wight said there was no limitation on the review, Peninsula Mental Health but a review would occur if there are written complaints on file. Councilman Wight spoke to his motion. He commented that in his experience with land use in the City over the past ten years, most conditional uses have been for home occupations, and for an initial one-year period. Subsequently, they may have been extended for a multi-year renewal. Within the last several years, more of the responsibility has been delegated to the Planning Commission and the Planning Director. The concerns about the impacts on the neighborhood expressed tonight, while not substantiated, are certainly valid. It does not seem inappropriate for the City government to listen to the concerns and create a mechanism whereby the operation can be reviewed within a reasonable period of time. Mayor Sargent asked Council if the wording of Condition ~C" is such that the Conditional Use can be reviewed at any time. Councilman Wight intends if there are written complaints on .file, it must be reviewed a year from now. It could be reviewed at any time. Mayor Sargent and Councilman Cornell were concerned that the Condition, as modified by Councilman Wight, did not say what he apparently intended. Councilman Cornell suggested amending the first sentence of Condition "C" to read: The Planning Commission shall review this Conditional Use Permit at any time there are written complaints on file, and definitely in August, 1992, there will he a review to make sure the impacts are not detrimental on that neighborhood. He does not anticipate any problems, but feels more comfortable with the safeguard. Mayor Sargent asked for clarification on the amended Condition "C": The Planning Commission shall review this Conditional Use Permit in August, 1992, if written complaints are on file. The Planning Commission may, following a public hearing and subject to review by the City Council and with the right of appeal to Superior Court, revoke this permit in the future if the Commission finds that the use to which the permit is put is detrimental to the health, safety, morals, comfort, and general welfare of the public or constitutes a nuisance as a result of a change in the nature of the use for non-compliance with the conditions On call for the question, the motion carried 6 - 0 with Councilman Nicholson abstaining. Councilman Nicholson returned to the dais. Six-Year Transportation Mayor Sargent reviewed the necessity for preparing a six-year transportation Improvement Program improvement program annually, to be commented on by the public. She invited Resolution No. Public Works Director Pittis to comment on the proposal. 27-91 Director Pittis summarized the contents of the transportation plan, which will most likely be amended extensively within the next several years by virtue of the require- ments of the Growth Management Act. Hopefully by 1992, grants and/or loans will be available to assist in the development of that year's program. A £mancial plan will be needed to properly address the indicated infrastructure needs. Councilman Comell asked if the Plan is routinely reviewed by the Planning Depart- ment. Director Pittis replied the Planning Director did review the Plan. There are presently 108 miles of roadway within the City which requires regular maintenance. Councilman Ostrowski asked if the plan could change after 1992 by virtue of the Urban Growth Area. Director Pittis responded that the next step, after approval of this Plan, is to prepare the Capital Improvement Plan. In the next year or so the Growth Management Act activities having to do with transportation will also come into play. We will be working toward obtaining financing for the present Plan.' Mayor Sargent opened the public heari~lg at 9:47 p.m, There being no public comment forthcoming, Mayor Sargent closed the public hearing and read the Resolution by title, entitled: RESOLUTION NO. 27-91 A RESOLUTION of the City of Port Angeles adopting the Six-Year Transportation Improvement Program. -10- 2037 CITY COUNCIL MEETING July 16, 1991 L E G I S L A T I O N Councilman Ostrowski moved to pass the Resolution as read by rifle. Councilman (Cont'd): Comell seconded the motion, which passed unanimously. Six-Year Transportation Improvement Plan Resolution 27-91 Planning Commission A. SHORELINE MANAGEMENT PERMIT- SMA-91 (07)118 - CITY OF PORT Minutes for July 10, ANGELES, Railroad Avenue 1991 This is a request to allow placement of existing overhead utilities underground in the Shoreline Management Central Business District along the City's waterfront area. Permit - SMA-91(07) 118 - Conditions, Findings, and Councilman Cornell moved to concur with the recamunendation of the Planning Conclusions Commission and approve the Shoreline Management Permit No. SMA-91 (07)118, citing the following f'mdings and conclusions: Findirms: (1) The approval is for undergrounding of overhead utility lines as contained on a four-sheet set of plans entitled "Downtown Underground Conversion", except that the proposal to install conduit and wire under the Waterfront Trail and Peabody Street right-of- way is not a part of this approval; (2) The proposal will not physically alter the shoreline, nor will it result in a change of its use; (3) Shoreline Master Program Regulation No. F.7.b and Comprehensive Plan Urban Design Policy No. 4 encourage underground placement of utilities; (4) The proposal is categorically exempt from requirements of SEPA [Section 197-11-800(24) WAC]; (5) The Port Angeles Shoreline Master Program, Chapter 15.08 PAMC, requires the Planning Commission provide notice and hold a public hearing on Shoreline Management Permit applications; Conclusions: (A) The proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulation C.7 and Use Activity F.7.b; (B) The proposal is consistent with the Port Angeles Comprehensive Plan, specifically Urban Design Policies 2, 3 and 4; (C) Public notice and a public hearing, as required by Chapter 90.58 RCW, Shoreline Management Act, has been completed by the City of Port Angeles. Councilman Ostrowski seconded the motion. Councilman Ostrowski said undergrounding the utilities would be an improvement to the area. On call for the question the motion carried unanimously. Planned Residential B. Planned Residential Development - PRD-91(06)I - La Vista, between Development PRD-91(06)1 Chase/Lincoln and First/Front Streets This matter consists of consideration of a proposed 26-unit mixed residential development in the Central Business and Arterial Commercial Districts. A number of people had voiced an interest in speaking to this matter. Councilman Cornell stated he had an appearance of fairness problem, since he is on the Board of the Port Angeles Downtown Association, which has publicly taken a stand on this proposal. He stepped down from this issue and left the dais. Councilman Wight asked Attorney Dickson about taking testimony from the public who had stated their desire to speak to this item, especially since no public heating has been scheduled. Attorney Dickson said no public testimony on the merits of the proposal could be taken, but it would be appropriate to request a public hearing be set. Jack Fairshter, 306 E. Front Street, called the attention of the Council that there have been two Planning Commission hearings held which had adequate testimony. H. P. Riley, 306 East Front Street. No decision is any better than the information on which it is based. He stated the decision of the Planning Commission was based on incomplete and/or inaccurate information on one specific key issue; the height of - , the La Frontera building~~ -This ,issue requires the approval of the City Council for a permit. The illustrations provided at the Planning Commission did not show the La Frontera building in scale with the surrounding existing buildings. He urged a public hearing before the City Council. Patsy Blanchard, 236 East Front, Apt. 18, has petitions with 85 signatures asking for a public hearing and wishes to have further addressed the issue of the bald eagle -11- 2038 CITY COUNCIL MEETING July 16, 1991 LEGISLATION perch in the tree on Front Street, which was not addressed. She has contacted the (Conrad): U.S. Fish and Wildlife Department. She asked that the matter of the wildlife issue and the eagle and perch be reviewed. PRD-91(06)I - La Vista Craig Ritchie, 212 East Fifth Street, represents the Mortises who are adjoining property owners. He requested a public hearing be set to have a thorough study made; and the decision of the Planning Commission noted that even though a conditional use permit is required for a structure more than 45 feet in height, it also said such a permit would not be necessary. Mayor Sargent reminded the Council it could approve, deny, approve with modifications or conditions the preliminary development plans as approved by the Planning Commission, or set its own public heating and take further testimony. Councilman Wight said the architect for this project contacted him by long distance telephone on this date and presumed other Councilmembers would be contacted. ~0..~.c~ ~>cc4c ~ F~3 Mayor Sargent said she was not; Councilman Ostrowski wa~ Councilman Wight 1~'1t' ~nnV.. ~ ~ ~ advised the architect he would not take any testimony from him regarding the merits 4~ ~iot of the project. The essence of what the architect said was to urge the Council to move forward with the project on the basis there had been two Planning Commission public heatings and he saw no necessity for additional public heatings. Councilman Nicholson considers this proposal to be an asset to the City; however, when there is a petition with 85 signatures requesting a public hearing, he would · prefer to hold a public heating .... Councilman Lemon asked the Planning Department what could possibly change in the next two weeks if a public heating is scheduled. Mr. Jimerson responded it would give the Planning Department an opportunity to further review the eagle perch as far as the Department of Ecology would be concerned. Councilman Nicholson said although he had read all the reports from the Planning Commission hearings, he could not determine exactly how tall the La Frontera building will be. Councilman Ostrowski moved that a public hearing be scheduled for two weeks from tonight. Councilman Nicholson seconded the motion. Councilman Wight said the issues presented to the Planning Commission related to height and view and concerns of the stability of the property to support the structures being proposed. Those are the issues on which additional testimony should be taken. The business of the geotechnical study, etc., there are a full set of triggers in the conditions set out by the Planning Commission which make the advancement of this project contingent upon a successful geotechnical study. At this time, the City has no cleating and grading ordinance. The is nothing in our land use laws to stop anyone from digging dirt. The grading of the site is something over which the City has no control. Mayor Sargent asked who passes on the final approval of a PPD. Asst. Planner Jimerson said it would go back to the Planning Commission and may come back to the Council. Councilman Nicholson asked about the discussion of the height of the La Frontera building. Asst. Planner Jimerson said there is no height restriction in the CBD; however, any proposal for a building in excess of 45 feet in height would trigger a review by th6 Planning Commission through the Conditional Use Permit process. In this particular case, the PRD Ordinance also allows for a similar review of variances from the district, which is why the PRD review was found to be sufficient. Asst. Attorney Dickson called the Council's attention to the fact the next regularly scheduled Council meeting would be three'weeks away, on August 6th. Councilman Nicholson said he meant the next meeting. On call for the question, the motion-to set a public heating for the next Council meeting failed. Conditions, Findings, and Councilman Wight moved to approve the preliminary Planned Residential Conclusions Development, PRD-91(06)01, as recommended by the Planning Commission citing the following conditions, findings, and conclusions: CONDITIONS: (1) The final PRD shall be substantially in accord with the plans of record referenced in the Findings below, except as may be modified by conditions stated herein; (2) Covenants, Conditions, and Restrictions (CC&Rs) and other -12- 2039 CITY COUNCIL MEETING July 16, 1991 LEGISLATION conditions for use and maintenance of commonly and privately owned properties (Cont'd): within the PRD shall be provided for the homeowners' association and attached to final PRD approval; (3) Comply with all State and Local Building and Fire PRD-91(06)01 - La Vista Codes; (4) The proposal may require a hydraulics permit from Depm-~..ent of Conditions, Findings, and Fishetles. If required, the permit shall be obtained prior to granting of the Final Conclusions (Cont'd) PRD 'approval; (5) The water system may need to be a looped system for hydrants and fire flows. Final design shall be approved by Public Works prior to submittal for Final PRD approval; (6) Prior to issuance of a certificate of occupancy for any PRD building, the sidewalks and curbs within the PRD frontages shall be replaced as required by the Deparhi~ent of Public Works; (7) A certificate of occupancy for the La Frontera condominiums shall not be issued until a building permit for the Lincoln Terrace commercial building has been issued and substantial progress on that permit has been made; (8) Submittal of plans to the Building Division for approval of construction as requested which includes scheduling, hours and days of operation, employee parking, access and circulation, and staging areas for material and equipment. Construction shall occur so as to minimize impacts upon the adjacent residential and commercial land uses and the roadway system; (9) The Fire Department requires that an all- weather surface road be provided to the construction site prior to any vertical construction; (10) The street level treatment along La Frontera shall emphasize human scale elements. Prior to submittal of the final PRD application, plans shall be submitted for approval to Planning Staff of the revised elevations and details which create an interesting and varied streetscape; (11) At the time of submittal of the final PRD, plans shall be submitted showing all above-ground utilities, irrigation systems,, such. as. transformers, backflow preventers, and heating and air conditioning equipment. Such facilities shall be screened from view by either buildings or landscape treatment; (12) At the time of submittal of the final PRD, plans shall be submitted of a detailed landscape plan which includes quantity, size, type~ and location of all planting materials. Minimum tree size shall be 24" box specimen, and minimum shrub size shall be 5-gallon. The landscape plan shall include details for the common open space, which dearly demonstrates that a minimum of 30% of the site is usable and accessible common open space; (13) All garbage/dumpster areas shall be screened by an enclosure with a solid masonry wall on three sides which matches the color and texture of the buildings, and a solid wood or metal gate; (14) The applicant shall submit a detailed geotechnical foundation report relating to the ability of the building site to support structures. The study shall be prepared by an engineering firm licensed in the State of Washington, specializing in geotechnical/foundation engineering. The study will be prepared to the requirement of the City Public Works Deparh,ent and shall provide mitigation measures to ensure adequate building foundations. Should development not proceed after initial grading has occurred, restoration of any excavated areas shall be made per recommendations contained in the geotechnical report; (15) Grading of the site may occur prior to issuance of the Final PRD if the following grading conditions are first complied with. This preliminary PRD approval shall become void if the site is graded in any manner inconsistent with the following conditions (a-d): (a) Grading of the site shall be substantially in accord with the plan titled, "New Site Plan w/Landscaping", labeled as Sheet No. 20 by the Planning Department, except that a final grading plan shall be submitted showing the heights and locations of all retaining walls, except as necessary to meet other requirements of this approval. Views of retaining walls shall be minimized as much as possible, and no portion of a retaining wall visible from a public street shall exceed five feet in height; (b) A sedimentation and erosion control plan shall be submitted to the Public Works Deparh, ent for approval prior to grading of the site; (c) A grading plan for off-site grading or sloping at hillsides shall be submitted to the Public Works Deparh.ent prior to grading of the site; (d) An operation plan for grading of the site shall be submitted to the Public Works Deparh.ent for approval prior to final development approval, which includes points of ingress and egress of all equipment and vehicles, grading schedule, hours of operation, the frequency of trucks arriving and department, and location of any staging areas for trucks and equipment. Grading of the site shall occur so as to minimize disruption of the residential and commercial land uses in the vicinity and to minimize traffic impacts. Access to tim site~, from the-alley above will be allowed only if no other reasonable alternatives are available; otherwise, the use of the alley shall be limited to the absolute minimum that is necessary; (16) Building permits will not be issued unless and until off-site grading of the adjacent property to the west is graded in accordance with the approved grading plan. The applicant shall coordinate with the adjacent property owner to achieve this objective; (17) Submit revised site plan which incorporates a Hammer "T"-type turnaround with minimum dimensions as required by the Fire Department; (18)Coordinate With the Fire Deparhnent to ensure that fire hydrants are adequate to serve the project; (19) Submit construction plans to the Fire Department for final approval with respect 2040 CITY COUNCIL MEETING July 16, 1991 LEGISLATION to Uniform Fire Code.requirements; (20) Maintain visibility triangles at points (Cont'd): of ingress and egress. No planti.ngs or structures higher than 30 inches shall he placed within the sight triangleS; (21) Submit sign program for entire project for PRD-91(06)I- La Vista PRD approval. Sign elements such as size, materials, color, lighting, and Conditions, Findings, and location should he considered in creating a sign program which unifies the Conclusions (Cont'd) project. All signage, present and future, shall conform to the requirements of the sign program. Signage shall he in conformance with the CBD and ACD zone districts, depending on the zoning of the sign location, and shall be architecturally integrated with the design of the project; (22) Parking shall be provided in accordance with the City's Parking Ordinance. Submit floor plans for the commercial building and calculations showing the proposed residential and commercial parking to meet the Ordinance requirements; (23) No overhead utilities shall serve the proposed PRD; FINDINGS: (A) The approval is for a 15-unit condominium, tiffed La Frontera, a 6,154 square-foot (gross area) office/retail commercial building titled Lincoln Terrace, a four-plex titled "La -- Montana", and a duplex located on the northwest corner of First and Chase Streets; (B) The Comprehensive Plan and Zoning Code of the City of Port Angeles have been reviewed with respect to the proposed Planned Residential Development; (C) The proposed PRD is situated on 63,000 square-feet of property zoned ACD and CBD; (D) There are 21 dwelling units contained within the proposed PRD, resulting in a density of 14.4 du/acre. The PRD allows a maximum of 28.2 du/aere in commercially zoned developments; (E) The site plan of record for the PRD was filed with the City on March 28, 1991, and has been labeled Sheet No. 18; (F) The architectural elevations of record are contained in Sheets 1, 2, 4, 12 and 19, which were filed with the City; (G) The landscape plan of record was filed with the City on July 2, 1991, and is labeled Sheet No. 17; (H) The grading plan of record was filed with the City and is labeled Sheet No. 20; (I) The Planning Commission's recommendation of preliminary PRD approval is based upon compliance with Sections 17.70.050 and .120 of the Zoning Ordinance; (j) The property is located at the western terminus of an existing bluff between First and Front Streets; (K) The PRD would he adequate served by existing arterial streets - First, Front and Lincoln; an existing local street - Chase Street; and the existing alley between First and Front Streets. The PRD proposal also includes improving the westernmost portion of this alley to provide additional access; (L) The project provides over 27,000 square feet of common open space, consisting of landscaping, walkways, and indoor recreation facility within La Frontera. The common open space consists of nearly 43% of the site, which exceeds the 30% minimum of the PRD Ordinance. Prior to final PRD approval, a Plan demonstrating that 30% of the site is common open space which is accessible and nsableshall he submitted; CONCLUSIONS: (1) The proposed PRD is consistent with the Port Angeles Comprehensive Plan and specifically, the following Goals, Policies, and Objectives: "A local economy which is stable, provides employment opportunities for all workers and improves the standard of living of the community as a whole."; "A community where development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users."; "The provision of community facilities which meet the needs of the peOple of all areas of the City and enhance the character and quality of all areas of the City."; "A community of viable neighborhoods and variety of opportunities for personal interaction, fulfillment and enjoyment, attractive to people of all ages, characteristics and interests."; Residential Policies Nos. 3, 5, 7, 8, 12, 13, 15, 16, 17, and 19; Commercial Policies Nos. 1, 6, 10, 15; Urban Design Policies Nos. 3 & 4; Land Use Objectives Nos. 1 & 2; (2) The 'proposed density of the PRD meets the allowances in Section 17.70.060 and does not benefit from the 10% density bonus provisions; (3) The common open space provided by the PRD exceeds the reqUired minimum of 30% and is compatible with, and appropriate for the urban content in which it is located. The usability and accessibility will be reviewed prior'to final PRD approval; (4) The proposed development, as conditioned, creates a residential environment of higher quality than that normally achieved by traditional residential development; (5) The proposed development will he compatible with the mixed, higher intensity use of property in the Central Business District; (6) The project does not contain an internal -street' system, The approved plans pr0vide for direct access to three fully improved arterial streets, one local street, and one improved alley; (7) The proposal is smaller than four acres and therefore may not he constructed in phases. A condition of approval is designed to ensure that Lincoln Terrace and La Frontera are constructed within a dose time frame of each other; (8) The development contains less than four acres; therefore, there must be special circumstances in order to fulfill the intent of a Planned Residential Development. The proposal makes use of PRD techniques to provide a high-quality project. The project design results in placing the bulk of the density to the west, where the proposed condominium project will provide an appropriate termination to -14- 2041 CITY COUNCIL MEETING July 16, 1991 LEGISLATION the bluff, thereby preserving lower density development of the eastern portion (Cont'd): of the site, and providing' for commercial development on the site consistent with the zoning at an accessible location. In addition, spectacular views of the PRD-91(06)01 - La Vista Downtown, Harbor, Strait, and points beyond will be afforded to the residents Conditions, Findings, and of the project; (9) The CBD Zone District requires that a conditional use permit Conclusions (Cont'd) is required for buildings higher than 45 feet. Since the PRD Ordinance provides for flexibility in administration of development standards, a CUP would be redundant, and therefore is not required. Councilman Lemon seconded the motion. Councilman Wight spoke to his motion. With respect to the height issue, from his examination of the drawings, it appears the height is an issue of concern. It is his belief that if the property is cut down to street level, the height of the building would be a subjective issue. He questioned if concern for the height of this building is appropriate in this application. Councilman Ostrowski supported the motion. On call for the question, the motion carried 5 - 0, with Councilman Comell abstaining. Councilman Comell returned to the dais. Approve Meal for C. Provision of a Meal at a Work Session to be Held by the Planning Planning Commission Commission Councilman Ostrowski moved to approve provisions for a meal on July 31, 1991, for a work session for the Planning Commission, as requested. Councilman Comell seconded the motion.~ ~ Councilman Wight suggested the City Manager be delegated to approve such expenses, upon advice of his Department Heads for the various Boards and Commissions, when it appears appropriate and within budget. Mayor Sargent and Councilman Nicholson agreed. Councilman Ostrowski withdrew his earlier motion, and Councilman Comell withdrew his second. Councilman Wight then moved to delegate authority to the City Manager to approve appropriate meals and refreshments during the work sessions of our appointed Boards when appropriate and within budget. Councilman Ostrowski seconded the motion which carried unanimously. Accept Planning D. Acceptance of Planning Commission Minutes of July I0, 1991 Commission Minutes Councilman Comell moved to accept and place on file the minutes of the Planning Commission for July 10, 1991. Councilman Lemon seconded the motion, which carried unanimously. Request to Schedule Real 3. Request to schedule Real Estate Committee Meeting Estate Committee Meeting Mayor Sargent announced there was no necessity to hold a meeting of the Real Estate Committee at this time. Proclamation 4. Proclamation recognizing 'Yes to Youth ' week of July 22 through July 27, Recognizing "Yes to 1991 Youth" week of July 22 through July 27, 1991 Mayor Sargent read the proclamation, proclaiming wYes to Youthw week during July 22 through July 27, 1991, and urged fellow citizens to join in local activities and events in observance of "Yes to Youth" Week and reminded everyone today's youth are our future. She added thanks to the Peninsula Daily News for co-sponsoring the organization and providing so much publicity. Consideration of 5. Consideration of resolution of abatement of public nuisances (Public Resolution of Abatement comment accepted) of Public Nuisance (Public Comment Public Works Director Pittis announced that there were no public nuisance to be Accepted) considered.this evening. ~' Wes Rausal, former owner of Lot 1, Galaxy Estates, said he has spent time and money clearing that lot during the past several years, while the City, which owns property immediately adjoining that lot, does nothing to take care of its lot. Councilman Nicholson said if that is accurate, he personally will make the written complaint. Mayor Sargent said the matter will be checked out. -15- 2042 CITY COUNCIL MEETING July 16, 1991 LEGISLATION 6. Consideration of amendment to Agreement for Port Angeles Fine Art Center (Cont'd): Mayor Sargent reported the Board of Trustees of the Esther Webster Trust have Consideration of asked the Council to consider the change of name from the Port Angeles Fine Art Amendment to Center to the Port Angeles Fine Arts Center. Agreement for Port Angeles Fine Art Center Councilman Wight moved to authorize the Mayor to sign the amendment to the Agreement with the Port Angeles Fine Art Center, making it the Fine Arts Center. Councilman Nicholson seconded the motion, which carried unanimously. Consideration of Resolu- 7. Consideration of resolution authorizing a grant application to DNR for trail tion authorizing a grant development on Ediz Hook application to DNR for Trail development on Mayor Sargent read the Resolution by title, entitled Ediz Hook - Res. No. 28-91 RESOLUTION NO. 28-91 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing application to the Department of Natural Resources for funding assistance for an Aquatic Lands Enhancement Account project. Councilman Nicholson moved, to pass the.Resolution as read by title. Councilman Cornell seconded the motion. Councilman Ostrowski reported the City has now black-topped a large portion of the Trail from Downtown to west of the Daishowa Mill. On call for the question the motion carried unanimously. Request to renew 1991- 8. Request to renew 1991-1992 Morse Creek Fish Spawning Survey contract 1992 Morse Creek Fish Spawning Survey Mayor Sargent reviewed the request for authorization to the City Light Director to contract sign the extension of the contract for fish spawner survey of Morse Creek. The FERC License requires that a five-year salmon and steelhead fish spawning survey be conducted on the Creek, and this will be the fifth year. Councilman Ostrowski moved to authorize the City Light Director to sign the con- tract for the Morse Creek salmon and steelhead spawner survey. Councilman Nicholson seconded the motion. Councilman Cornell mentioned not having seen any results of the survey and Mayor Sargent asked if the fish were still swimming up there. City Light Director said they were, and if the Council were ~eriously interested in seeing the results of the survey, they would be provided. Council would like to see the report. On call for the question the motion carded unanimously. CITY COUNCIL Councilman Cornell asked about Item No. 5 on the Information Agenda, the memo COMMITTEE referencing requested quotes to have the ladder truck painted. The budget authorized REPORTS painting the ladder truck, which is a 1966 model, and painting will cost $10,000 to LATE/ITEMS $12,000; plus there appears to be an assumption that the bidders will not be local. Fire Chief Glenn said it would cost about $450,000 to replace the ladder truck. It has been re-powered with a diesel engine and automatic transmission and hope to keep the truck for another ten years. In order to paint it, a 50-foot spray booth is required to completely enclose the vehicle, and there is none of that size available in Port Angeles. Councilman Coruell commented that there is a business in town which is painting heavy trucks and apparently doing a good job of it, and he hoped that busi- ness would be qualified to bid on that job. Councilman Wight mentioned the Public Information Committee meeting on the 17th ' asking if anyone had listened 'to the' City broadcast 'station (1610 AM). Please advise any comments or criticisms and he will take them to the committee meeting. ADJOURNMENT: The m~eting adjourned at 10:40 P.M. cc .223 -16-