HomeMy WebLinkAboutMinutes 07/18/2000 4231
CITY COUNCIL MEETING
Port Angeles, Washington
July 18, 2000
CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at
REGULAR MEETING: 6:00 p.m.
ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett,
McKeown, Wiggins, and Williams.
Members Absent: None.
Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S.
Brodhun, B. Collins, G. Cutler, T. Riepe, Y. Ziomkowski,
L. Haehnlen, S. Galuska, S. McLain, K. Bogues, V.
Daugaard, B. Rowley, G, Kenworthy, G. Drake, S. Sperr,
K. Ridout, J. Hicks, B. Beverford, and D. O'Donnell
Public Present: Arnold Schouten and Kevin Hansen
PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle.
ALLEGIANCE:
CEREMONIAL Mayor Doyle read a proclamation regarding Terry Gossage's retirement and presented
MATTERS/ Mr. Gossage with a certificate. Terry Gossage accepted his certificate and thanked the
PROCLAMATIONS: City Council.
Terry Gossage Retirement
WORK SESSION: None.
LATE ITEMS TO BE A proposed letter to Congressional Delegation regarding Elwha Dam Funding to be
PLACED ON THIS OR placed under Other Considerations as item number six.
FUTURE AGENDA:
FINANCE: 1. Award A&E Contract for Laurel Street Slide Repair
Award A&E contract for Mayor Doyle reviewed the information provided by Public Works Director Cutler
Laurel Street Slide Repair regarding the Laurel Street Slide Repair and Staff Replacement Project 96-05. Director
Cutler informed Council that City Engineer, Gary Kenworthy, has completed
negotiations with Hays Architect fh-m to provide architectural and engineering services.
The price for the firm's services was negotiated at $34,000. Engineer Kenworthy
explained the details of the project to Council. Councilmember McKeown inquired
about the hill's soil being soft and if the budgeted amount of $200,000 will cover all
project expenses. Director Kenworthy noted that this project is still in the conceptual
stage and more information will be provided by Hays Architects when the design work
is completed. Coucilmember McKeown asked if items could be eliminated if the
project were to go over budget. Engineer Kenworthy replied in the affirmative.
Councilman Hulett noted that Exhibit C stated lighting design is not required and asked
if there would be lighting. Engineer Kenworthy explained there was already existing
lighting at the site. Councilman Williams inquired about an overall stabilization plan
for problem slide areas in Port Angeles. Engineer Kenworthy explained that the City
and private property owners affected by slide problems would have to work together to
come up with solutions. Councilman Campbell asked Engineer Kenworthy to explain
the stabilization process that would be used. Engineer Kenworthy explained various
procedures used for stabilizing hillsides such as soil nailing. Councilmember
MeKeown moved to approve the firm of Kenneth Hays Architects to provide
engineering services for Project 96-05 and authorize the Mayor to sign the
contract. Councilman Campbell seconded the motion, which carried unanimously.
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CITY COUNCIL MEETING t*2 52
July 18, 2000
Cresthaven Service 2. Cresthaven Service Conversion Cost Assistance
Conversion Cost
Assistance Mayor Doyle reviewed the information provided by Director Cutler regarding the
reimbursement of Cresthaven customer conversion costs of 100% of first $1,000 plus
90% of cost over $1,000. Director Cutler informed Council this project was initiated
to relocate electrical service that was behind homes to an underground location.
Director Cutler explained bids from electrical contractors were received and came in
higher than anticipated. Some affected customers have called and expressed concern
over the price of their contribution towards the work.
Mr. Gary Schneider, 948 17~ Street, asked Mayor Doyle what the reimbursement
process was if a resident were to dig his own ditch. Director Cutler advised Mr.
Schneider to hire a licensed contractor for the required work. After lengthy discussion,
Mr. Schneider stated he was not a City resident.
Director Cutler explained that the proposed cost share assistance will help customers
with this conversion and give incentive to residents to get the lowest possible price.
Mayor Doyle asked how the 90% over $1,000 was decided. Councilman Wiggins
replied this issue was discussed at length at the UAC meeting and the 90% figure was
determined to be the fairest percentage. Mayor Doyle asked if the homeowners were
informed that a phone and cable line would have to be put into the ditch with the power
lines. Director Cutler informed the homeowners about all the services that would have
to be relocated and there have been two public meetings with the Cresthaven residents.
Councilmember Erickson moved to authorize reimbursement of Cresthaven
customer conversion costs in the amount of 100% of the first $1,000 plus 90% of
cost over $1,000. Councilman Wiggins seconded the motion, which carried
unanimously.
CONSENT AGENDA: Councilman Campbell moved to accept the Consent Agenda to include: 1)Council
minutes of the July 5, 2000 regular meeting 2) Check Register - July 12, 2000 -
$977,125.04. The motion was seconded by Councilman Hulett. Councilmember
McKeown stated she would be abstaining from the vote due to her absence from that
meeting. Ali Councilmembers voted in support of the motion, with the exception
of Councilmembers Hulett and McKeown, who abstained. Because abstentions are
counted as affirmative votes, the motion carried unanimously.
Councilmember McKeown inquired about the check to the Port Angeles Downtown
Association for $9,500 regarding the DuParr Lease. She asked staffto explain that cost
at a later date. She also inquired about the check to PERS for excess compensation for
retired employee Pittis in the amount of $53,532.09. Finance Director Ziomkowski
replied it is for a PERS 1 employee retirement payout amount to the State for unused
vacation and sick leave. Councilmember McKeown asked if Siemens Building
Technologies are from Port Angeles and are they doing maintenance work instead of
City employees. Councilmember McKeown noted that staff can reply to this at a later
date.
CITY COUNCIL Councilman Williams attended a Transit Board meeting in Sequim. There was concern
COMMITTEE expressed that Initiative 745 would take 90% of transit tax and put it toward road
REPORTS: building. Councilman Williams asked if the City Council can take a position on
initiatives and Attorney Knutson replied that the Council can take a position by
resolution at an open meeting where notice is given.
Councilman Campbell toured the compost facilities and septic handling in Port
Townsend. Councilman Campbell represented the Mayor and Council at the
Kitsap/Clallam County Housing Authority meeting.
Councilmember McKeown met with Human Service providers and members of United
Way to devise a method for Human Service providers to work together. Representing
the City, she welcomed the Northwest Kidney Center to Port Angeles and provided Port
Angeles City Staff with organ donor cards. Councilmember McKeown attended the
exit interview with the Washington State Auditor's office and commended Finance
Director Ziomkowski and her Department for doing an excellent job. In the past seven
years the City has had no audit findings.
Councilmember Erickson attended the presentation of the Sea Horse statue by the
Downtown Association.
Ordinances Not Requiring Public Hearings None.
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CITY COUNCIL MEETING t+ 2 5 5
July 18, 2000
PUBLIC HEARINGS - Rezone Request - Rez 00-03 Del Guzzi
QUASI-JUDICIAL:
Rezone Request - Rez 00- Mayor Doyle reviewed the information from Planning Director Collins regarding a
03 Del Guzzi rezone request for 824 Georgiana. Director Collins made a correction to the Ordinance.
Ordinanee No. 3058 In the first paragraph, "held a public hearing and" was struck.
The Planning Commission had the opportunity to receive written comments on this
issue from the affected residents. Two letters were received from the public and copies
have been provided for the Council. This rezone will help retain an existing business
that is doing well in our community. Director Collins clarified the Ordinance
correction for Mayor Doyle. Director Collins explained what the City intended to do
regarding the neighbor's concerns about privacy and lighting issues. Mayor Doyle
opened the Public Hearing at 7:15 p.m.
Arnold Schouten, 833 East Front Street, was present as a representative of Harmagel
Building Supply, Inc. Mr. Schouten stated this parking lot is essential to employee
parking and possibly some customers. There will be no freight handling in this parking
lot. Employees are parking on Georgiana and Race Streets. Ten extra spaces will be
generated with the new lot.
Mayor Doyle closed the public hearing at 7:20 p.m.
Mayor Doyle read the Ordinance by title, entitled
ORDINANCE NO. 3058
AN ORDINANCE of the City of Port Angeles, Washington,
rezoning property located in Block 38 of Norman R.
Smith subdivision, Townsite of Port Angeles, and
amending the Official Zoning Map, Ordinance 2801,
as amended.
Councilman Wiggins asked ifa letter written by a concerned neighbor had been brought
before the Planning Commission. Director Collins replied that her communication was
received after the deadline of June 20th and since there was no public hearing her
testimony was not brought before the Planning Commission. He explained the letter is
part of the public record and has been brought before the Council for the present public
hearing. Councilman Wiggins brought up a concern about who is maintaining the
alleys in that area. Engineer Kenworthy stated the City has been maintaining the alleys
and the alley behind the proposed rezone is scheduled for repair next year. Director
Collins explained the zoning for the surrounding areas. Councilmember McKeown
observed that the new lot would reduce congestion and parking problems in the
surrounding area. Councilman Hulett moved to adopt the Ordinance as read by
title and corrected citing Condition 1, findings 1-13, and Conclusions 1-6, as set
forth in Exhibit "A" which is attached to and becomes a part of these minutes.
Councilman Campbell seconded the motion, which carried unanimously.
PUBLIC HEARINGS - 1. Amendment to the Port Angeles Municipal Code - MCA 00-02 - Adult
OTHER: Entertainment Business
Amendment to the Port
Angeles Municipal Code\ Mayor Doyle reviewed the information provided by Planning Director Collins regarding
MCA 00-02 - Adult approving Municipal Code Amendment MCA 00-02 - Adult Entertainment Businesses.
Entertainment Business Brad Collins posted maps for Council to view the possible sites for an adult
entertainment business. The Planning Commission is recommending the City forgo the
Conditional Use permit for an adult business and allow adult entertainment to occur in
industrial zoned areas. He pointed out these businesses have to be a certain distance
away from churches, waterfront trails, and residential areas. Director Collins outlined
specific areas where sites can be found; 32 vacant available sites are included in this
plan. There has been some controversy about sites around 18® street due to residential
zoned property and low income housing.
Director Collins referred Council to Exhibit 2, which referenced articles, studies and
court cases regarding adult entertainment. Director Collins discussed Exhibit 2 and
how the Planning Department plans to deal with the secondary effects of adult
entertainment such as robbery, rape and exposure of minors to adult materials. The
separation requirements and business license regulations have restricted how an adult
entertainment business can operate.
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CITY COUNCIL MEETING t~2 3t~
July 18, 2000
Councilman Wiggins asked if there are any current problems with the ordinance.
Director Collins replied no existing litigation exists. Councilman Wiggins asked if
adult bookstores would be affected by this ordinance and Director Collins replied they
would not. Councilman Hulett inquired about the City's trail plan going up Tumwater
Street and if the regulations would affect an adult business. Director Collins replied
there is no current trail but there has been discussion about a possible park in that
location. Director Collins noted there is a provision in the Ordinance for schools and
trails that occur after an adult business has been established. Attorney Knutson noted
that the Ordinance could be amended to provide for new structures that have separation
requirements.
Director Collins noted that the City does not want to risk not having enough sites
available. Attorney Knutson added there have been recent court decisions that have
allowed less than the number of sites that would be available under this Ordinance.
Mayor Doyle asked if the County has a similar Ordinance to what the City is proposing.
Attorney Knutson replied there are none, but other cities have similar types of
regulations. Councilman Wiggins asked whether other adult entertainment businesses
operate with no liquor being served. Brad Collins replied affirmatively and explained
that it helps cut down on the detrimental secondary effects. Mayor Doyle opened the
public hearing on MCA 00-02 at 7:55 p.m. There was no public testimony, and Mayor
Doyle closed the public hearing at 7:55 p.m.
Mayor Doyle read the Ordinance by title, entitled
ORDINANCE NO. 3059
AN ORDINANCE of the City of Port Angeles, Washington, revising the
City's zoning regulations pertaining to adult entertainment businesses
by restricting such businesses to industrial zones without requiring
conditional use permits and by revising the land use separation
requirements for such businesses, revising the City's business
license regulations pertaining to adult entertainment businesses by
requiring a business license to be obtained annually and to be
approved or denied within 10 working days and by adding more
specific performance standards, amending Ordinances 2532 and 2789
as amended, repealing Ordinance 2511 as amended, and amending
Chapters 3.70, 5.50, 17.30, 17.32, and 17.34, repealing Chapter
17.25, and creating Chapter 17.50 of the Port Angeles Municipal
Code.
Attorney Knutson noted there was a correction on Page 4 of the Ordinance, under
5.50.030 License Application. The Chapter containing fee information should be
3.70.020 instead of 3.70.010 Councilman Wiggins moved to adopt the Ordinance
as read by title and as corrected~iting Condition 1, findings 1-10, and Conclusions
A-I as set forth in Exhibit '~avhich is attached to and becomes a part of these
minutes. Councilmember Erickson seconded the motion. Mayor Doyle noted due
to being out of town for a week, hc will abstain from voting and not sign thc Ordinance
at this meeting until he reads all relevant information. Councilman Williams read the
secondary effect studies and expressed concern about thc Airport area being zoned for
adult entertainment usage. Councilman Williams noted thc large amount of low income
and subsidized housing and will bc voting in opposition. Councilman Hulctt inquired
as to whether thc Port of Port Angeles sites will be counted. Director Collins replied
hc did count those sites, as there would not bc enough sites if they were not included.
Councilman Wiggins inquired about other options for the City if Council did not like
this plan. Director Collins replied commercial property sites would be examined in the
locations of First and Front Streets. A vote was taken on the motion, which carried
by a majority with Councilman Williams voting in opposition.
Statement of Expenses 2. Statement of Expenses for Harbor Towne Tavern Abatement
for Harbor Tavern
Abatement Mayor Doyle reviewed the information provided by Director Cutler regarding the
expenses for the abatement of property at 135 East Front Street, Harbor Tavern.
Director Cutler referred Councilmember questions to Lou Haehnlen from the Building
Division.
Mayor Doyle opened the public hearing at 8:14 p.m.
Kevin Hansen, 630 E. Front Street, with the Law Firm of Wolfley, Hoffer, and Basden.
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CITY COUNCIL MEETING ~ 2 5 5
July 18, 2000
represented the owners (Mr. and Mrs. Khoan Voang) of the Harbor Tavem property.
After receiving the abatement letter, Mr. Hansen contacted Lou Haehnlen who provided
background information. Mr. Hansen did not object to the contractor's demolition
costs, but was concerned about the high dump fees and objected to the cost of the
fencing. In previous discussions with Mr. Haehnlen, fencing issues were brought up
and it was decided that fencing was required on the Front Street boundary line. Further,
any other fencing related costs were to be discussed and agreed upon by both parties.
There is a fence along the Lincoln Street part of the property that was not agreed upon
by the parties. Mr. Hansen objected to the fencing charge of $1900 and asked Council
to consider deducting the Lincoln portion of the fencing.
Mayor Doyle asked what the degree of slope was on the Lincoln side of the property.
City Building Official, Lou Haehnlen, replied the slope is at a 27% grade. Building
Official Haehnlen proceeded to give Council a detailed description of the property
including the fence and costs associated with the project. Councilman Williams asked
Mr. Hansen if there was a portion of the fence on Lincoln Street that was not required
for public safety. Mr. Hansen replied that the portion of fence on Lincoln Street was
not required for public safety. Councilmember McKeown added that the area on
Lincoln is a safety hazard and if the City did not require the fence there could be
litigation problems.
There being no further pubic testimony, Mayor Doyle closed the public hearing at 8:30
p.m.
Councilmembers discussed the size of the lot in relation to the amount of fencing that
was required. Mayor Doyle offered to split the total cost of the fence ($2,536.31)
between the City and the Voangs. Councilman Campbell moved to accept the
recommendation except for the fencing charges which have been changed from
$1,900 to $1,300. A lien against the property was placed in the amount of
$18,403.33. Councilman Wiggins seconded the motion, which carried
unanimously.
Resolution Revising Small Resolutions Not Requiring Public Hearings
Works Roster Procedures
Resolution No. 10-00 Resolution Revising the Small Works Roster
Mayor Doyle reviewed the information provided by City Attorney Knutson regarding
a resolution revising small works roster procedures. Attorney Knutson explained the
State statute that this resolution is based upon just went into effect. Mayor Doyle asked
if this small works roster is for general contractors or other specialties. Attorney
Knutson replied it could be used for both.
Mayor Doyle read the Resolution by title, entitled
RESOLUTION NO. 10-00
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, revising the procedures for use of small works
rosters to be consistent with recent changes in state law
and repealing Resolution 27-95.
Councilman I-Iulett moved to pass the Resolution as read by title. Couneilmember
Eriekson seconded the motion, which carried unanimously.
Recommendation by Port Other Considerations
Angeles Works! to
implement E-nabled 1. Recommendation by Port Angeles Works! to implement E-nabled Visions Tour
Visions Tour
Mayor Doyle reviewed the information provided by Economic Director Tim Smith
regarding implementing a community-wide communication and education exercise.
City Manager Quinn explained what the E-nabled Visions tour represents to the City
of Port Angeles. The E-nabled Visions Tour is a strategic planning effort to evaluate
the economic development opportunities that may arise from the internet. In this
proposal, The Visions Tour is an educational evaluation service for the community.
This provides information to make management decisions regarding new technologies.
Councilman Campbell expressed the need for broad band communications within our
community.
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CITY COUNCIL MEETING 4236
July 18, 2000
Dennis Bragg of Den-Ree Productions gave a presentation on implementing the E-
nabled Visions Tour. Mr. Bragg explained that local retailers are losing business to
interact competition. Mr. Bragg outlined the presentation in five action steps. Step 1
entailed talking to groups and organizations and educating them about the trends and
changes in the business environment. Step 2 involved going to retailers and surveying
the shoppers doing business there. Step 3 would be coming back before Council with
the acquired information. Mr. Bragg passed out drafts of question samples that would
be asked. Step 4 would be a daylong workshop and discussion on the information
gathered. Step 5 would examine the current computer infrastructure and look for ways
to improve it with technology such as DSL.
Karen Rogers, 1320 West 11th Street, explained what Unisys is examining in Port
Angeles and how it is developing a private business plan. The City of Westchester also
conducted a similar survey ofresident's opinions. Ms. Rogers explained why E-nabled
Visions Tour information is valuable. She noted that Forks has started involvement
with the Visions Tour, and sent a letter of support to Port Angeles.
Jim Haguewood, 705 Chrisman Place, expressed interest in how economic development
is being led by telecommunications. Mr. Haguewood recommended reading Bill
Gates's book" Information at the Speed of Thought". Councilman Hulett moved to
authorize the Office of City Manager to pursue implementation of the "E-nabled
Visions Tour". Councilmember Erickson seconded the motion, which carried
unanimously.
Reimbursable Work 2. Reimbursable Work Agreement with Clallam County to Chip Seal
Agreement with Clallam
County to Chip Seal Mayor Doyle reviewed the information provided by Director Cutler regarding a
reimbursable work agreement with Clallam County to chip seal various City streets.
Councilman Campbell moved to authorize the Mayor to sign the request to the
Clallam County Road Department for reimbursable work in an amount not to
exceed $50,000 for 2000. Councilmember McKeown seconded the motion, which
carried unanimously.
Ground Water under the 3. Ground Water under the Influence Action Plan & Bilateral Agreement
Influence Action Plan &
Bilateral Agreement Mayor Doyle reviewed the information provided by Director Cutler regarding ground
water under the influence of surface water. Director Cutler used power point to
demonstrate the action plan the City has taken to satisfy the Department of Health
requirements which is due by July 25, 2000. Director Cutler informed the Council that
the plan is geared towards the filtration of our current water system. He gave a timeline
of proposed dates and possible costs for the water filtration plan. Director Cutler
explained the chlorine level has been raised in the current system and it will meet the
interim measures requirement by the State. Discussion ensued regarding the Elwha
Heights Water Association being disconnected and hooked up to the Dry Creek Water
Association.
Director Cutler informed the Council that public notification was given in the Consumer
Confidence Report regarding ground water under the influence. The Bilateral
Compliance Agreement is a document that outlines the different steps including
timeframes. Mayor Doyle asked if the Elwha Heights Water Association is metered and
paid for. Utility Engineer, Steve Sperr, replied that four families are on one meter and
pay one monthly bill.
Mayor Doyle asked when the Elwha Dams are taken down could the new Ranney
system be put in deeper, giving the system better filtration. Director Cutler replied
there are current discussions going on at the technical level between the Bureau of
Reclamation, the National Parks, the City's consultants and City staff regarding what
measures should be put in place to protect the water supply.
Director Cutler noted the Department of Health is being conservative and may require
an elaborate water filtration system. A discussion ensued in regards to the large expense
of a future water treatment plant and how the City would pay for such a plant. Director
Cutler explained that if a new system is required, a long term loan would fund the
project. Councilman Wiggins moved to approve the submission of the Ground
Water under the Influence of Surface Water Action Plan to the Department of
Health and authorize the Director of Public Works and Utilities to sign the
Bilateral Compliance Agreement. Councilman Williams seconded the motion,
which carried unanimously.
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C1TY COUNCIL MEETING t~ 2 3 7
July 18, 2000
City Fish Passage Grant 4. City Fish Passage Grant Application
Application
Mayor Doyle reviewed the information provided by Director Cutler regarding a City
Fish Passage Grant Application. Director Cutler added that some preliminary
discussions have taken place with the Department of Transportation regarding funding
of the project. Councilmember McKeown moved to authorize the Mayor to sign the
Fish Passage Grant application in the amount of $300,000. In addition, if the grant
is approved, authorize the Mayor to execute the Fish Passage Grant agreement
provided that the grant amount does not exceed $300,000. Councilman Campbell
seconded the motion, which carried unanimously.
EES Contract for Financial 5. EES Contract for Financial Analysis of Solid Waste and Electric Utilities
Analysis of Solid Waste
and Electric Utilities Mayor Doyle reviewed the information provided by Public Works Director Cutler
regarding an EES Contract for Financial Analysis of Solid Waste and Electric Utilities.
Councilman Campbell moved to authorize the Mayor to sign a contract with
Economic and Engineering Services to perform a financial analysis of the Solid
Waste Utility not to exceed $11,600 and the Electric Utility not to exceed $27,950.
Councilman Hnlett seconded the motion, which carried unanimously.
Letter to Congressional 6. Letter to Congressional Delegation regarding Elwha Dam Funding
Delegation regarding
Elwha Dam Funding Mayor Doyle reviewed the information provided by City Attorney Knutson regarding
a letter to the Congressional delegation requesting FY 2001 Elwha dam funds. Attorney
Knutson gave some background information on financial appropriations relating to the
removal of the Elwha Dams. The draft letter puts all of the signing parties on record as
supporting the purposes of dam removal to benefit the environment and facilitate the
return offish to the Elwha River. In addition, the signing parties agree that the City's
water supply needs to be protected and the mitigation measures need to be constructed
before any dam removal occurs. The letter has been discussed with the Congressional
delegation, and Senator Gorton's staff was appreciative of the City's efforts to keep the
request at $15 million for 2001.
Attorney Knutson read a few key paragraphs of the letter and explained the general
purpose of it. Councilman Campbell noted the letter is consistent with what Senator
Gorton has proposed for the Elwha River. Councilman Campbell noted the Senate did
approve the Interior Appropriations Bill for 2001 with the $15 million but the House
of Representatives approved $7 million. Attorney Knutson noted the Elwha Dam issue
will be brought before the Conference Committee next week. Councilmember
Erickson moved to authorize the Mayor to sign the attached letter thanking the
Congressional delegation for past Elwha dam removal and water mitigation
funding and requesting additional funds for FY 2001. Councilmember McKeown
seconded the motion, which carried unanimously.
INFORMATION: City Manager Qumn met with the Chamber Selection Committee to select an Executive
Director for the Chamber of Commerce. He is in the process of setting up a meeting
with the Chamber Board to pursue the selection of a candidate with the skills and
abilities to handle a combined Chamber and business group.
Manager Quinn met with Phillip Saxton from Unisys and discussed the business plan
preliminaries. Mr. Saxton will bring financial advisors from the Corporation in
approximately three weeks for an additional meeting with the City.
Manager Quinn noted that Scott Brodhun is stepping down as Parks Director to take a
position with the school district. Mayor Doyle asked if everyone was informed about
the Unisys proposal. Manager Quinn replied that more information is needed about the
benefits of Unisys to Port Angeles citizens. Manager Quinn noted there will be a bridge
dedication ceremony on July 30, 2000 by Peninsula International Relations Association
who sponsors Japanese visitors from our Sister-City, Mutsu City. The dedication
celebrates their five year anniversary of Sister-City agreement.
ADJOURN TO The meeting adjourned to Executive Session at 10:32 p.m. to discuss potential
EXECUTIVE litigation for approximately 15 minutes.
SESSION:
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CITY COUNCIL MEETING /42 3 S
July 18, 2000
RETURN TO OPEN The meeting returned to Open Session at 10:45 p.m.
SESSION:
ADJOURNMENT: The meeting was adjoumed at 10:45 p.m. ~'. ~ ~
Becky J. Up~, Ci~[Clerk /" t.9//Shrry ~,1~, MayoY'- ~
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Exhibit "A"
4239
FINDINGS, AND CONCLUSIONS IN SUPPORT OF REZONE APPLICATION - REZ 00-
03- DEL GUZZI:
Findings:
1. The applicant Lisa Del Guzzi is requesting a rezone of Lot 4, Block 38, Norman
R. Smith's Subdivision to Port Angeles from RS-7, Residential Single Family,
to CO, Commercial Office.
2. The site is 50' x 140' in size (7,000 square feet in area) and contains a single
family residence.
3. The purpose of the rezone is to facilitate the development of the property as a
parking lot to accommodate excess parking generated by an adjacent building
supply use. The applicant owns the property where the building supply use
exists.
4. The submitted application including a map of the subject area is attached as
Attachment B to the June 28, 2000, Planning Department Report.
5. The City's Comprehensive plan designates the property as Commercial (C). The
site is located in the northernmost portion of the City's North Central Planning
area. The Olympic Medical Center's Northwest Kidney Center is being
developed across Georgiana Street from the site, with various medical uses
located in the direct vicinity as well as the Olympic Medical Center's main
campus being two blocks northeast of the site. Residential single-family
residences are scattered between the medical uses with the Hartnagel Building
Supply use directly south across the Georgiana/Front Street alley.
6. Land Use Element Policies A1 and A2 establish the need for all decisions to be
consistent with the Comprehensive Plan Land Use Map and policies. Policy E3
requires commercial development to buffer its impact to residential properties.
7. Properties to the north and east are zoned CO and are developed primarily as
medical office uses within a one to two block distance from the site. Property
to the south is zoned Commercial Arterial (CA) and is developed as commercial
retail uses. Property to the west is zoned Residential Single Family (RS-7) and
is developed with single family residences. The subject site, ifrezoned, would
define the boundary between commercial office uses and residential uses west
of the site and north of the Georgiana/Front Street alley.
8. Approximately one half of the lots in the 800 block of Georgiana Street are
zoned Commercial Office. On the north side of Georgiana Street, the CO zone
extends an additional three lots to the west of the subject lot. To the east, Lot
4240
Findings and Conclusions
Page 2
3 in Block 38, Norman R. Smith's Subdivision, was rezoned in March, 2000
from RS-7 to CO, following which a conditional use permit was approved for
a parking lot.
9. The Commercial Office zone requires that a landscape buffer be provided along
a property line that abuts a residential zoned property. Such buffer must consist
of three (3') feet of landscaping with a three to six (3' to 6') foot high vision
obscuring fence or other solid landscaping material at minimum. Any proposed
lighting on the site must be directed away from adjacent residences.
10. The Fire and Public Works Departments have indicated that they have no
objections to the rezone.
11. The SEPA Responsible Official issued a Determination of Nonsignificance
(#915) for the proposal on June 22, 2000.
12. The public comment period for this application ran from June 5, 2000, to June
20, 2000. No written comments were received during that time period.
However, a phone call from the neighbor directly to the west of the site (818
Georgiana) indicated approval of the proposal.
13. The applicant cited a critically short supply of off-street parking for various
medical uses and commercial activity in the area and intends to alleviate some
of that congestion for the neighbors with the development.
Conclusions:
A. The Comprehensive Plan's Land Use Element Policies A 1-2 and E3 directly
relate to the proposed rezone.
B. The rezone complies with the City's Comprehensive Plan, specifically Land Use
Element Policies Al, A2, and E3.
C. The proposed rezone is compatible with surrounding land uses and Zoning
Ordinance designations.
D. If developed as proposed, the rezone can reduce the impact of the adjacent
medical office on neighboring properties by providing needed off-street parking
and required landscape buffering.
E. The proposed rezone is justified by a change in circumstances since there have
been similar zoning changes in the vicinity which the subject property is located.
4241
Findings and Conclusions
Page 3
F. The rezone is in the public interest.
Adopted by the Port Angeles City Council at its meeting of July 18, 2000.
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4242
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Exhibit "B"
4243
FINDINGS, AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT-
MCA 00-02- ADULT ENTERTAINMENT BUSINESSES:
Findings:
Based on the information provided in the Planning Department Staff Report for MCA
00-02 dated July 18, 2000, and the June 28, 2000, Planning Commission
recommendation, including all information in the public record file, comments and
testimony presented during the public hearings, the City Council discussion and
deliberation, the City of Port Angeles City Council hereby finds that:
1. The applicant City of Port Angeles proposed a Municipal Code Amendment to
change the City's zoning regulations regarding adult entertainment businesses.
2. The City of Port Angeles first adopted zoning and business license regulations
pertaining to adult entertainment businesses in 1988.
3. The application proposes to amend Port Angeles Municipal Code Chapters 3.70,
5.50, and 17.25 and Sections 17.30.020, 17.32.020, and 17.34.020 and to
eliminate the necessity of conditional use permit approval for every adult
entertainment business.
4. The following Comprehensive Plan Policies are most relevant to the proposed
amendment:
Land Use Element Goal ~A " To guide current and future development within
the City in a manner that provides certainty to its citizens about the future land
use and the flexibility to meet the challenges and opportunities of the future.
Land Use Element Policy ~511" The Comprehensive Plan Land Use Map should
be used as a conceptual guide for determining current and long range zoning
and other land use decisions. The map's land use designations are intended to
show areas where general land use types are allowed. The area between land
use designations should be considered an imprecise margin in order to provide
flexibility in determining the boundary of such areas. When determining
appropriate zoning designations for an area near a margin, the goals, policies
and objectives of the Land Use Element should take precedence.
Land Use Element Objective '~1" The City will review and revise as necessary
the existing Zoning Ordinance, Zoning Map, and other development regulations
to ensure consistency with the Comprehensive Plan.
Land Use Element Goal '~B" To have a community where residential
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, and the desired
urban design of the City.
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Findings and Conclusions
Page 2
Land Use Element Goal "C' To have a community of viable districts and
neighborhoods with a variety of residential opportunities for personal
interaction, fulfillment and enjoyment, attractive to people of all ages,
characteristics and interests.
Land Use Element Policy "C1" Residential land should be developed on the
district and neighborhood concept. Although such districts may be composed
primarily of residential uses of a uniform density, a healthy, viable district
should be composed of residential uses of varying densities which may be
augmented by subordinate and compatible uses. Single family and multi-family
homes, parks and open-spaces, schools, churches, day care and residential
services, home occupations, and district shopping areas are all legitimate
components of district development and enhancement. A neighborhood should
be primarily composed of low, medium, or high density housing.
Land Use Element Goal '~E " To provide shopping opportunities which meet the
needs of all City residents and visitors in safe, usable shopping areas that are
compatible with the surrounding area and uses, the environment, and the
desired urban design of the City.
Land Use Element Policy '~3" Commercial development should buffer its
impacts on adjacent residential uses. Where commercial development is
adjacent to residential uses, the commercial development should incorporate
elements in the site design to soften the impacts on the residential uses.
Land Use Element Goal '~" To provide a pleasant, safe, and attractive
shopping environment in the traditional downtown waterfront area which
provides a wide variety of shopping, dining, entertainment, and housing
opportunities for visitors and residents alike.
Land Use Element Policy "F3 "Residential uses should be encouraged for the
downtown area as part of a mixed-use development concept.
Land Use Element Goal '/-/" To provide opportunities for industrial
development in a manner which efficiently uses the community's various
attributes and natural resources, has minimal impact on the environment, and
contributes to the City's quality of life.
Land Use Element Policy 'I-13 "Industrial areas should buffer their impact to
mitigate nuisance and hazardous characteristics such as noise, particulate
matter in the air, water or odor pollution or objectionable visual material.
Land Use Element Policy 'ZI4"Industrial activity should be located in two
major areas: adjacent to the harbor and around the airport.
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Findings and Conclusions
Page 3
Economic Development Element Policy "AS" The City should promote in the
traditional downtown retail, dining, and entertainment oriented activities that
are attractive to both tourists and local residents.
5. The City's land use and economic development policies taken as a whole are
intended to protect residential areas from uses that are incompatible with the
characteristics of the users, namely families, to provide a safe shopping
environment that is attractive and compatible with the surrounding area and uses
and the desired urban design of the City, and to provide opportunities for
industrial development that has minimal impact on the environment and
contributes to the City's quality of life.
6. The intent of the proposed amendments are to separate family-oriented and
adult-oriented uses, to provide safe shopping areas, and to provide employment
areas that buffer uses with nuisance and hazardous characteristics from
residential and other family-oriented uses.
7. A Determination of NonSignificance was issued for this proposal on August 18,
1999.
8. The City received no written public comments on this proposed Municipal Code
Amendment MCA 00-02.
9. Based on mapping analysis for 1000-foot, 500-foot, and 300-foot separation
requirements, the amendments which were recommended by the Planning
Commission that include a 500-foot separation requirement would result in
approximately thirty-two (32) current available sites at three (3) different general
locations for adult entertainment businesses as shown on Exhibit 1 zoning maps.
10. The City officials on the Planning Commission and City Council have reviewed
two volumes of studies and experiences in other cities and states identifying
detrimental secondary effects of adult entertainment businesses, including the
Cities of Olympia, Bellevue, and Kent, Washington; Kansas City, Missouri;
Austin, Texas; and the State of Minnesota studies listed in Exhibit 2.
Conclusions:
Based on the information provided in the Planning Department StaffReport for MCA
00-02 dated July 18, 2000, and the June 28, 2000, Planning Commission
recommendation, including all information in the public record file, comments and
testimony presented during the public hearings, the City Council discussion and
deliberation, and the above listed findings, the City of Port Angeles City Council hereby
concludes that:
1. The proposed amendment is consistent with the goals and policies of the City' s
Comprehensive Plan including but not limited to Land Use Element Goals
A,B,C, E, and F, Policies Al, C1, E3, and F3, and Objective Al, and
Economic Development Element Policy A3.
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Findings and Conclusions
Page 4
2. Based on studies of detrimental secondary effects associated with adult
entertainment businesses, the City has determined that there are such effects that
can be reduced through the adoption of specific zoning and business license
regulations that are narrowly tailored to alleviate these harmful effects to public
health, safety, and welfare.
3. The proposed amendments would make the City's Zoning Code and Business
License Regulations consistent with court cases that limit how adult
entertainment businesses may be regulated and consistent with constitutional
rights of expression.
4. The proposed amendments will meet the legal tests for local ordinance
regulation of adult entertainment businesses.
5. The proposed zoning and business license regulations are content neutral and are
simple time, place, and manner regulations.
6. The proposed adult entertainment business regulations are narrowly tailored to
separate and buffer such uses that are shown by secondary effects studies to
expose the general public including minors to a greater than normal number of
incidents of criminal activities, which the City has a substantial government
interest in policing and which are unrelated to the suppression of speech.
7. The proposed regulations do not unreasonably limit alternative avenues of
communication and specifically provide a substantial number of sites at several
locations throughout the City where adult entertainment businesses can take
place.
8. The proposed amendments adequately separate and buffer adult-oriented uses
from family-oriented uses and allow for reasonable enforcement of zoning and
business license regulations in the protection of public health, safety, and
welfare.
9. The proposed amendments are in the public use and interest.
Adopted by the Port Angeles City Council at its meeting of July 18, 2000.
Mayor, ~'~ of Port~g/eles
BTck~, J. UI~n, ~t~y clerk/-